HomeMy Public PortalAboutResolution - 77-27- 19770713 - Archbishop of San Franci(111
RESOLUTION NO. 77-27
RESOLUTION OF THE BOARD OF DIRECTORS OF
.THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT AUTHORIZING ACQUISITION OF
PROPERTY (ROMAN CATHOLIC ARCHBESHOP OF
SAN FRANCISCO - DOCUMENT NO. 77-B)
The Hoard 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 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-B 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.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESOLUTION NO. 77-27
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
AYES: K. Duffy, B. Green, N. Hanko, E. Shelley, R. Bishop,
D. Wendin and H. Turner
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
at a
Secretary, Board of Directors 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
OR PURCHASE. O- AL ?3 P R T v
7
This is art a reement between the t'idPeninsula ReA onal Open Space District ,
State of California, hereinafter referred to as "District, "and the Rornan
Catholic Archbishop of San Francisco, a iCal.ifornia) corporatiorw-y-:
hereinafter er referred to as "Grantor" (whether singular or plural) .
It is agreed between the parties hereto as follows:
I_ DELIVERY Or DOCUMENT.
Document No. 77—B . in the form of a _....Graat._Deed ;..
regarding the property or interest conveyed particularly described in the above document has
.been executed and delivered b • Grantor to. Herbert Grench
manager and emP l oye2-.of.,. the Midaeninsu 1 a ??.i cinal Open Saace•,Dis Lric , Q•r' I fie?raI
the purpose of conveY.irig to District :the Property or interest described 'in the
document. •_
- 2_ PURCHASE PRICE AND TIRE
The Distr.Zct shall. 'pay. Grantor th^'sum .of.One hundred t nirt��_ttfo
for property .or interest conveyed b r the above document t ' ••_-.-
y } � .o�.czr?-t,.nt when. title to the prop�t._:_ ....
..estS
i-t the District fee 2nd *clear: of_ a1.1:1 lens ncwith . art ces:: -taxes s I-- as.s .ss.;c�
i =zs,s (recorded and/ar.�uorecordedl, except: tents •zh -
(a)
(b)
covenants, conditions, restrictions and reservations of record, if a:
easements or rights of way over said lard for public or quasi -public -
public street purposes, if any;. -
utility of
(c) easement for waterlines in favor of G.H. and T.F. Grant `
recorded. October 26, 186S in Boo=: C, page 241 of Miscellaneous
Records; _
(d) the right of the public to fish upon the premises_
e) any other exceptions stated hereinafter.
also Pc:Y �; I i COs .s o r escrc..:% ind recordin f e2s ? nct=rred in th? s
transfer
tax, unless prohibited by la:;, and title insc.,.anee policy
a�n;�,.
3. PRORATION OF TAXES.
In the -event Di5 tract acquires fee title to the property under of -
P P y the terms this agrerrnent
taxes shall be prorated in accordance with the California' Revenue end Tax Code.
St•ctioii 4936 as of the recordation of the deed conveying title to the ?istrict -..e Cod t
v::h re District has-. Laren: possession u s 3.-exCe L .�ha
• "•D.�t'�c:zc[�:tQ_.ztin= e.r.�?i:,•To�:;-�ossessz
en tr•Y,-''.' aX?S;S�Ia l l ::fie-: prorated'-4es-_c'` tho of -•�a _ QZ`_',.i'_1�f1�` of
� • -date�z DOSS?SSI,ClZ.. •
' Furthe3",_,Grantor au.thorizes.Districe; to deduct. a�nd:pa _ fx.-�r sue ,•rb.:. t: •
Z
t
Paragraph 2, abou •• - -- . . .. . _ :snc.ra: art
, e, any amount necessary to satisfy any delinquent taxes due ;� e .
with penalties and interact thereon, and any delinquent or Icon-dclint uer 2....s together
bonds, which are to be cleared from the title to the grope; q ca;ments or
veyed. r: or title to the interest tort_
.
4. PAYMENT OF MOR i GAGE OR DEED OP TRUST_
•
An or all moneys •s ���
?' payable under this agreement, up to and it cluding the total
' of unpaid principal and interest on any note sectir.ed by a mort-.age orde ofed amount
other amounts due and p y trust, and ell z -able in accordance with the terms and conditions,
- deed or mortgage shall, -, �ra of the. trust
1Il, upon demand, be made payable to the •mort agee or bene --I-�
entitled thereunder. The :mortga,�ze or• bericR cis F�-�•=-
eierit receipt - ry ch4ll furnish Grantor with good .•--
showing the moneys credited against thc-indebtedrrc ss secured by the o sur,�-
or deed of trust. mox•Lg4gC
5_ LEASE. WARRANT':
Grantor warrants that there
are no oral or
property exceeding a period of one month, and
less and reimburse Di -�
S �;"? C i for- env 2t"id: a 1 1•
reason of arty -lease of the Proper tY held
exceedznd one mo; tip.
w ri tte=n leases on all or zny portion of the
Grantor fur -the:: agrees to hold -Dist ric - h� r —
Of: its , O�s?S .a'••'•�_ 2x ns xp€ss CccaSi O Qd. by
by env tenant-IIf: Gramtor_.ior_ PericCl
b- DISMISSAL .OF ACTION IN EMINENT DOMAIN_
Grantor cans to th - -
G tor T e-ntS a dismissal of any ernirt: ,,: dorr..ai; .-'.i tion in the Sups
when n the described land is included ^rc1 also t•. -e any an. -11 all claim .ion Court
rza :• :o. � _ L
m ..Y ... b� •on depos - in th;. Strpz lot Court r that action_ Trr a•�%r:.;cr- -i- is full. � t"?'t`
;sea / for all claims of darns rye that may p -'v r:) rt by zt sudi eminent U0�.in. C0= lion
Or the pith!ic p:ojcct for which this property or i zerz5t cone.!cyLd is purer. sCc1 action
J
7
• 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 t'ne interest
accuired herein to District upon cornpiance 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 preliminary 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 land held in the name of The .
Roman Catholic Seminary of San Francisco, a California
corporation) or r 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; andto 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 prposes.
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
1.s
3.
right to grant such easement to The rermanente Corporation,
its successors and assigns, and/or 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 that in 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.. ? 7 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, Salmi &
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 'under stood 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 escrows shall
be closed concurrently as expeditiously as practicable_
In the event, however, that all such transactions are not
closed concurre -it y through said escrows on or before DeCe_;ber
31, 1977, Grantor, if not then in default and unless the
. Li
Parties have extended the time for closing by mutual consent
in writing, shall have the right to terminate the sa: e
without obligation to the purchasers; and in such event, the
Purchasers agree, at Grantor's request, to execute, acknow-
ledge �
ledge and deliver to Grantor a quitclaim deed or other docu-
ment required to remove the cloud of said purcha_,s 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 commitmentfor the removal and disposition of spoils in
the vicinity of Pernanente Creek, together with a right of
entry, if required, for such purpose.
lg. Grantor reserves the right, which shall be appurtenant to and
for the 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 ari- 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 nave
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 mar_taining 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.
ESCROW_
This transaction will 1?,.• handled t} oua' zu State i eser�:•- 3 `r' Golden St
Corm?^ ti,- 41 No. First Street, arPtose , Li j �i'3 - _...----
under escrow
-
'mow ced QC.�lnorii fc g rei to :fl•t t.Yrt _.____AS r .s -.fart rib -.1.3 ,•,�}.s ; , of ri' EE RO .? 4
_ CA'T'HOLIC ARCHBISHOP OF SAN FRANCISCO, A CORPORATION �. Imot:
ciereto
-.•, • V • •., n 4 i - , :',1 ji^�tn: ,cyst; Z O:_^�s Sf4T+t1' CJ attorney. !�s ••
• i.�~... .; + i--;,n is ,,:'.: ,` IN WITNESS P/ EPEOr ! i,--• s r•c%`-
.ol seal
` . Z . J COUNTY 1 i - ;love k.?reN,sto set shy K�v� and C
►� i . s 1 ` ' �' S.- fl y of 1r ' `:':i2aC:3eQ
‘• ti ... •,. 1 -� ..•�•� 1j in ili�� CQSiltl '� 1•i.t:t.:Ci�....,O
t.. , I yr.;r in Mi r em; ilzcale F.rst abo re mit.zx. t,ce r.'cy c�,•Ii •. C."3-.- c.,ra'es J::n. 5, 1373
IN 'WITNESS WHEREOF, the - has executed the agreement as o. _
•
. MIDPENTI SULA REGIONAL OPEN SPACE DIS?rc-'
By
President, Board of Directors
Grantor ntor has executed this agreement as oF
-c-hd _/r 7 J
- GRANTOR •'.
THE. RO2,LAiti CAT OLIO ARCHBISHOP OF
SMIT. C-18CO -a -- (Cal 'orriia )-----
corporation sole
By. " --
----------------
STATE OF CALIFORNIA,
City and Cos ftly of San Francisco
On :Air 7. `r • _,.!,32 of Ju 1 ,
- '$ tne,fc.�►
one tisomaond ri>!e J osdrrd czcsrl 7 7 ii cf ore i.e r4 . f- V _ 1 r
a Notary Public, Stale of Ca:ifor,ra, duly commissioned a„; sworn r iy appeared
DANIEL F. :�ALSH , p=rronciiJ
'-r�r•s to I e to be tis;i• per:07, tr sosr no",
is subsen7xd to tJse =tom ‘ertr-..n.e t as the atone• as fact of .TEE ? OM A.; C A TEOLIC
ARCHBISHOP OF SAN FRANCISCO. A COR_PORATION SOLE
Nobitr7 Pt_btie, State of Cali:orr�a,
FORM OF ACKNOWLEDGEMENT
State of California
ss:
County of Santa Clara )
On this the 13th day of July -, 19 77 ,
before me, Anne Cathcart Crosley , the 'undersigned
officer, personally appeared 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//i2 executed
the sar'e in the capacity therein stated and for the purposes
therein contained.
In witness whereof I hereunto setmy hand and official
seal.
OFFICIAL.. SEAL
ANNE CATHCART CROSIEY
NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
My comm. expires DEC 16, 1980
(seal)
otary Public
CERTIFICATE OF ACCEPTANCE
(GOVERNMENT CODE SEC. 27281)
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-B)
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 ]1o.77-27,
adopted on
July 13, 1977 , and the grantee consents
to recordation thereof. •
Dated
ATTEST:
July 13, , 19 77
((A-ev /1"Kiv
District Clerk
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT