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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� �� .