HomeMy Public PortalAboutResolution - 77-26- 19770713 - Archbishop of San FranciRESOLUTION NO. 77-26
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on July 13
regular meeting thereof, by the following vote:
, 19 77 at a
AYES: K. Duffy, B. Green, N. Hanko, E. Shelley, R. Bishop,
D. Wendin and H. Turner
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Secretary, Board of Directors
APPROVED:
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.
District Clerk
'RESOLUTION NO. 77-26
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT AUTHORIZING ACQUISITION OF
PROPERTY (ROMAN CATHOLIC ARCHBISHOP OF
SAN FRANCISCO - DOCUMENT NO. 77-A)
The Board of Directors of the Midpaninsula Regional Open
Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby approve that certain
Agreement for Purchase of Real Property between the Midpeninsula
Regional Open Space District and the Roman Catholic Archbishop
of San Francisco dated July 7
, 1977 with respect to the
property described in Document No. 77-A attached thereto and
by this reference made a part hereof. The President of the Board
of Directors is authorized to execute said Agreement subject to
the Board's satisfaction that the terms of the three-way agree-
ment among the County of Santa Clara, the City of Sunnyvale and
the Midpeninsula Regional Open Space. District as contained in
the memorandum of the General Manager (M-77-52, dated April 20,
1977) approved by the Board of Directors at its April 27, 1977
meeting, have been complied with.
Section Two. The President of the Board or other appro-
priate officer is authorized to execute a certificate of
acceptance to any deed granting title to said property.
Section Three. The General Manager of the District is
authorized to execute any and all other documents in escrow
necessary or appropriate to closing of the transaction.
* * * * * * * * * * * * is * * * * x * * * * * * * * * * * * * *
r� G ' Egal, -NT ;-OR PURCHASE_ O }- REA' P.ROP"� Y
REA' 3 i a.ij i••�1
•
T hi; n e
i= a agreement between the MidPen?nsuIa P.eai state
-� s �� nn31 0�2n Si ace District ,
5 o o f California, hereinafter' referred to as Bistric t and the Roman -
. Cs, tho i is Archbishop of San Francisco _x_ a:_(California� corporation---
. • -r•- ...
sole.
- ------------------
hereinafter rcfcrrecl to as "Grantor" (whether sLng ular or plu-ral).
• It is agreed between the parties hereto as follows:
i_ DELIVERY OF DOCUMENT_
Document No. _:...77--A :_------ in the form o: a Grant Deed
regarding the property or intercst conveyed particularly described in the above document h2.3
been executed and delivered b Grantor to__±Ieroert�re icI- _ ,. GPn2ra I
Manager and enpl oyee:: of..th4 Nidpp.riinsu i a Re iana l toe!" .District, _foe -isle
the Pt,r dose •of Conveying to District ;:the Property, or- interest described -in 'the,
document.... - -
- 2. PURCHASE PRICE. AND TI j LE ••
The District shall 'pay- Grantor. the -sum .o_;._
lc�lo hundred _thirt�r--four
thousand _ . - --- -- --- ------ (8._.23 ---
for property, or interest conveyed by the above document when title to _ ti:c p-op_rcv pests
in the District free and clear of. alt. i ierts, _encu.nbrances, taxes,-: assessaie tts and: -
leases Cr.ecorded andlor.'Orecarded1, except:
(a) covenants, conditions, restrictions and reservations of record, if any;
(b) easements or rights of ivay over said land for public or quasi -p blic tttirity o. -
public street purposes, if any; • -
(c) easement for waterlines in favor of G _ H _ and T _ F . Grant
recorded October 26, 1868 in Book C, page 241 of Miscellaneous
Records;
(d) the right of the public to fish upon the premises.
(e) any other exceptions stated hereinafter -
also
. ^� trans fer
.: ..:rtdv .'.�j.3S._ J tax, unl•ns prohibited t7' 1:. r.
'`'
l::s�i:'c ricL poiicy Cx-
3. PRORATION OF TAXES.
in the - event 'Dis t rict acquires fee title to ti-ic property under the terms of
raxes shall be prorated in accordance with the California �, n ree.m :�•
the Calif .,
- � ot.ti� xZevznLL. and �'��
S: ctlacj ���o as of the recordation of the deed - at.o� Oo�,e
t_�� conveying title to the nis.rxc t,,. excea t
where District scion . aL r •a _
j ric has taken: Poise ,;- rtt.:tQ.art: o.rd.e far:::Pos es w �t �. c
entry•- taxes;shaI F it. Prolateri-la3-:-c the "d ' of s s�cry•o'' �-�• '�` °'
�.a ie Pos52SSjOn_
Further ,..Grantor.: authorizes_ Dist ric-Ii, to de uct.and,:pay-. fry the
�Pzr,�•rzp;, 2 -�
- ,> , .above, any amount necessary to satisfy any delinquent taxes dut �,. , .. with penalties and interest thereo ;i . c-',.nd any delinquent O: non -delinquent assessments
o r
bonds, which are to be cleared from the title to the property or title to the interest
Q;-
ve yed_ t_ jnt�rc;� oo.n-
4_ PAYMENT OF MORTGAGE GAGE OR DEED OF TRUST.
Any or alt ,Honeys payable order this agreement, r
ect:_e , up to and including the rot.,j
note secured by a mortgage ` ter: =OttQi_
of unpaid principal and interest on any
,ae or deed of trust, and an
other amounts due and payable in accord ;rice. t;itn the terms and conditions
deed or mortgage shall, � •
t;C of }he trust.
upon demand, be made payable to the mortgagee or b.. r"t..st
entitled tRCiCURdCr_ The mortgagee a n� - furnish
� mOrt�� � t_�CQrl�t:
gagee or bt_zC1 ci4)'shall furnish Grantor with good a cunt receipt showing the moneys credited against the indebtedness secured by the and S age
or decd of trust. mortgage
U
. 5.. LEASE WARRANTY_ •
Grantor warrants that there are no oral or
r ` ; ty exceeding periodof month, and
less
.> a F one ar.I
es and reimburse D atric . 1o► any. and -all.
rc'a= on .of any lease of the property he I d
exceedin. crie month_
•
'written leases on all or any portion of the
Crantor forte agrees ees to hol.1 n- _
Di- t •-
c i:_i•�s•,-tosses ar}o..exP e t :
t'LS s .occas-i s ec:- by
by any tenant. o f. Gran for for .z Period-
6. DISMISSAL OF ACTION IN EMINENT DOMAIN.
Grantor. consents to t';s:�rl- ' _
t,.Z,rr - .:nt tit.. _ ii :ss'i Q£ any eminent domain. action =rt tt.-- SUp
now T ' b.:�_ Iand is included - - Co
:;.3 tin :iiG c►c+scri = `� in and also t.. -ail. --c.-.3 any and ;di aims to anyi n Court.
�e CtLposi In the Superior jt:t Court in :hat action. his `'�' -- ,. tr 1Z::t
i- �i( - c : `i t -t t:
c=.-i* ::�:� for elalrrs c: ;ia;na- e t'r:-�t a� h�v • _ ,... _, c, co=�s:cl-
', , t- _ . .� _ , : ris�a b7 any s::ch ei-? truf.:`it door - -
o:� the public pr oj::ct .for which this rnp� or - • _ �tC; ' e-t�`-�;_
�► r-�!'�• interest conveyed is 1._::'Ci?- .. J
•
7. Grantor shall retain possession of the property or the
interest conveyed up to and including the date of recording
of the deed conveying title to the property or the interest
acquired herein to District upon compliance by Grantor with
the conditions of this Agreement
8. The title to be conveyed by Grantor hereunder also shall be
subject to Exceptions Nos. 2 to 17, inclusive, as listed in
the p`relimir_ary report issued by Golden State Title Company
under date of May 11, 1977 (Application No. 304454-A) as
well as the reservations and agreements herein, to the
extent the same may affect the subject property.
9. Grantor reserves, as long as Grantor continues to own its
remaining land (including lard held in the name of The
Roman Catholic Seminary of San Francisco, a California
corporation) or any part thereof, all its water rights and
claims to St. Joseph's Spring (located near the center of
the SW -1/4 of the NE -1/4 of Section 17, Township 7 South,
Range 2 West, M.D.B.&M.) including without limitation any
and all existing and future claims against others for damage
to such spring, together with an easement appurtenant to and
for the benefit of Grantor's remaining land (including land .
held in the name of The Roman Catholic Seminary of San
Francisco, a California corporation) to inspect and maintain
such spring, and to take, receive and use water therefrom,
and incidental rights to install, inspect, maintain, repair
and replace existing or necessary waterlines and related
appurtenances (including without limitation waterlines from
such spring to St. Joseph's Reservoir), and reasonable access
rights for all the foregoing purposes
10. The title to be conveyed by Grantor hereunder shall be
subject to that certain Agreement dated August 4, 1939
between Grantor herein and The Permanente Corporation, a
corporation, and any agreements amendatory thereof, relating
to the installation, operation, maintenance, repair and
replacement of a water -tank, booster pump, waterline and
related facilities,and any unrecorded easement granted
thereunder, insofar as the same affects the land to be
conveyed hereunder; and Grantor reserves for itself and
its successors and assigns, from the conveyance made in
said grant deed, a perpetual easement in gross for the
operation, maintenance, inspection, repair and replacement
of the presently existing waterline and related facilities,
in accordance with the terms and conditions of said Agree-
ment, as amended, over, across and under the land to be
conveyed hereunder, within a strip of land ten (10) feet in
width, with the centerline thereof being determined by the
presently existing waterline as now located; together with
reasonable access rights for all such purposes; and the
3.
right to gran_ such easement to The Permanente Corporation,
its successors and assigns, and/o= dedicate the Same for
public or quasi -public utility purposes .
11. It is understood and agreed that the three following
transactions, to which reference is made below, shall be
handled through the single escrow provided for herein
below and that all of such transactions shall close
concurrently; and thatin each the agreements to sell and
purchase respectively are conditioned upon such a con-
current closing:
a. Agreement for Purchase of Real Property between The
Roman Catholic Archbishop of San Francisco, as seller,
and the County of Santa Clara, as purchaser, relating
to the real property described in Documents Nos. 4889-1
and 4889-1B;
b. Agreement for Purchase of Real Property between The
Roman Catholic Archbishop of San Francisco, as seller,
and the Midpeninsula Regional Open Space District, as
purchaser, relating to the real property described in
Document No. 77-A; and
c. Agreement for Purchase of Real Property between The
Roman Catholic Archbishop of San Francisco, as seller,
and the Midpeninsula Regional Open Space District, as
purchaser, relating to the real property described in
Document No. 77-B.
Attached hereto as Exhibit "A", and made a part hereof, is
a drawing (numbered D-1310) prepared by Coleman, Selmi &
Wright, Consulting Engineers and Surveyors, showing (area
shaded) the property being acquired by the County of
Santa Clara and the Midpeninsula Regional Open Space
District, under the three transactions referred to herein ---
above, from The Roman Catholic Archbishop of San Francisco
(Grantor).
12. It is understood and agreed that this Agreement for Purchase
of Real Property shall be executed and acknowledged (at
least in duplicate) in recordable form so that either party
may record the same.
13. Each party agrees to proceed with diligence to the end
that all such three transactions under said escrow shall
be closed concurrently as expeditiously as practicable.
In the event, however, that all such transactions are not
closed concurrently through said escrow on or before December -
31, 1977, Grantor, if not then in default and unless the
Lt
parties have extended the time for closing by mutual consent
in writing, shall have the right to terminate the same
without obligation to the purchasers; and in such event, the
purchasers agree, at Grantor's request, to execute, acknow-
ledge and deliver to Grantor a quitclaim deed or' other docu-
ment required to remove the cloud of said purchase agreements
from the subject property.
14. All covenants, agreements, conditions, reservations and other
obligations contained in this Agreement shall survive the
closing of said escrow . and delivery of any deed given pur-
suant thereto.
15. It is understood and agreed that no realtor's commission
shall be payable to anyone as a result of this transaction.
16. It also is understood that neither a parcel map nor a sub-
division map is required for this transaction; and District
agrees to confirm this understanding by delivery of a letter
to that effect to Grantor concurrently with the execution .
and delivery of this Agreement.
17. Grantor reserves the right to complete its existing contrac-
tual commitment for the removal and disposition of spoils in
the vicinity of Permanente Creek, together with a right of
entry, if required, for such purpose.
lg. Grantor reserves the right, which shall be appurtenant to and
for th._ benefit of its remaining land, to discharge surface
and storm waters from such land, even though improvements
thereon cause accelerated flow, through any now existing point
of concentration onto the real property conveyed hereunder;
subject, however, to any then applicable governmental statutes,
ordinances or regulations pertaining to the same.
19. Grantor reserves an easement, from the conveyance made in
said grant deed, .appurtenant to and for the benefit of
Grantor's remaining land (including land held in the -name
of the Roman_ Catholic Seminary of San Francisco, a California
corporation), so long as such land, or any part thereof, is
owned by Grantor (or The Roman Catholic Seminary of San
Francisco), to continue to use the existing access road to the
1,600,000 gallon water storage facility, known as St_ Joseph's
Reservoir, which Grantor presently owns and maintains. Access
for purposes of maintaining or using said reservoir shall be
unrestricted except District may designate appropriate alternate
reasonable routes of access to such facility and related
waterlines and appurtenances, if necessary_ If the facility
is abandoned, such easement shall terminate_
5.
is
ESCROW_
This :run actiou wiU hf: handled tltrouvh Golden State Title
, San Jose, CA 95113 -- - . "
u: tdcr escrow No.....3044 54
i
xi\ WITNESS WHEREOF, :e • has executed this agreement as aE _-- _.
Grantor has executed this agreement as o` .....
M. KATHRYN h: ti. ERkt
(1 -
)t!llh.i 1 v�41 :'•4 al..^�'.Si 1��i C�
•
C:;Y A^•!7 COUNTY OF >.
t.:l C=" 5, 1978-
:i::..:^ E<p:, -mss J.�.
?.IIDP=: •:Ii Sts ri REGIONAL OPEN SPACE DISTRICT
94?„4Zasz....4 -1
President, Board of Directors
7 —
GRANTOR
THE ROMAN CATHOLIC' ARCHBISHOP OF
S -A € "FPJS CIS CG, a {t-aT i fo tatita)------
corporation sole
$y
STATE OF CALIFORNIA,
City and Co y of San Franc:. co
x :is4' year
asst t ha. stp+d ;emu ;:swdr ed cow.T 7 7 i ore ;-r.t, %r1_ •' K a ^ r -V r Hal le r
a Notary Pubic, Stole of Cali/or-re; drily comrnas.rior'ed c'd strorA, persoraily cppear
DANIEL F. WALSH nomPn to assn to br at person ril+ors Act.e.t
is sw'osrrsosd to Om :vit%s z:d.strx+rsert cs tits cUor-wt y srs fart of THE ROMAN CATBOLIC
ARCHBISHOP OF SAN ,4 RANCISCO. A COP -POP A'i'i0N SOLE
AN
and cc.1-ra...d r'..g ed :c' Ma ._..ha subscr ed t x rtc.Yu of - 1 F.O.d
CATHOLIC ARCHBISHOP OF SAN R.ANCISCO1 A CORPORATION SOLE
srr_-: o c.: pi;nci c a ;lame c r c.. n 'cc'
IN WITNESS WHEREOF I h.•cr•t hr .ra to.rt: ;►sy i;ta-d crd cfxr✓ ; sy o.b cinl sr.,.:
in ar C' =" '-rd Co:trJy o; c_}a'T r`c tx::�t� l very crArl
year ifs th s crrtific^te fez: �•+ :-�:::�:.
• !7
T ► P ii t^ tw _^
l.o.�..�► a5 � .,:a of Cali
Cox.
-t.„ion Expires. t artuary 5 . 1978
(Pritstcd 1/15/70) 0471.04:5
�, �. t-:---Ac;;s:ow1idgm nt—.lttora7 in F.,ct.
(i...C.tic 1. •)
FORM OF ACKNOWLEDGEMENT
State of California
ss:
County of Santa Clara )
On this the 13 day of July
before me,
Anne Cathcart Crosley
officer, personally appeared
, 19 77 ,
, the undersigned
Daniel G. Wendin
President (office) of the Midpeninsula Regional Open
Space District, known to me to be the person described in the
foregoing instrument, and acknowledged that he/qtmexecuted
the same in the capacity therein stated and for the purposes
therein contained.
In witness whereof I hereunto set my hand and official
seal.
•
OFFICIAL SEAL
ANNE CATHCART CRO3LEY
NOTARY PUBLIC - CALIFORNIA
SANTA C►,ARA COUNTY
My corn. expires DEC 16, 1980
(seal)
:J
`Notary Public
CERTIFICATE OF ACCEPTANCE
(GOVERNMENT CODE SEC. • 2 7 2 81)
This is to certify that the interest in real property
conveyed by the foregoing deed, grant or other instrument
dated July 7, 1977 , from Roman Catholic
Archbishop of San Francisco, a (California) corporation sole. (77-A)
to the Midpeninsula
Regional Open Space District, a public district, is hereby
accepted by the undersigned on behalf of the District pursuant
to authority conferred by resolution of the Board of Directors
of the Midpeninsula Regional Open Space District bearing No. 77-2,6
adopted on
July 13, 1977
to recordation thereof.
and the grantee consents
Dated July 13 , 19 77
ATTEST:
at -//K2127 f�Y�f%G�.•
District Clerk �"
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
BY `�J� �� .