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Home My Public Portal AboutResolution - 78-18- 19780726 - Burns and San Mateo CounRESOLUTION NO. 78-18 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE BELLO OPEN SPACE PRESERVE -BURNS SAN MATEO COUNTY PARCELS) The Board 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 accept the offer contained in the attached purchase agreement between Alyce Lee Burns and the Midpeninsula Regional Open Space District dated June 29, 1978, a copy of which is attached hereto and by reference made a part hereof, and authorized the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance to any deed(s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing ofthe transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. • Section Five. As planned, the source of the funds for this acquisition shall be the restricted reserve created by Resolution No. 78-15 at the meeting of June 28, 1978, and the reserve(s) created by said Resolution shall be diminished accordingly. ************************************************************************* RESOLUTION NO. 78-18 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on July 26 regular meeting thereof, by the following vote: , 19 78 at a AYES: R. Bishop, K. Duffy, B. Green, N. Hanko, E. Shelley, H. Turner and D. Wendin NOES: None ABSTAIN: ABSENT: ATTEST: None None APPROVED: Secretary, Board of Directors Preside$, 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 AGREEMENT TO PURCHASE REAL PROPERTY AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN Alyce Lee Burns hereinafter called "Seller", and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "Buyer" or "District". 1. PURCHASE. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller's real property located in the County of San Mateo, State of California, consisting of three separate assessor's parcels, described in the property description referred to in preliminary title report No. 255572 dated October 6, 1977 from First American Title Insurance Company designated Exhibit A and attached hereto and made a part hereof by reference, as outlined in orange on exhibit map attached to preliminary title report No. 255572. 2. PURCHASE PRICE: PAYMENT. The total purchase price shall be One Hundred -Seventy -Five Thousand and No/00 Dollars ($175,000.00), payable at the close of escrow. 3. TITLE AND POSSESSION. Title and possession of the subject property shall be conveyed to District at close of escrow by grant deed free and clear of all liens, encumbrances, easements, assess- ments, restrictions, rights, and conditions of record except: a. Current taxes shall be prorated to date of close of escrow. b. Typewritten exceptions and easements numbered 2 and 3 listed in the preliminary title report relating to the subject property and as designated in Exhibit A herein. 4. The District shall pay all escrow, recording and normal title insurance charges, if any, incurred in this transaction, ex- cluding therefrom any reconveyance of deed of trust, a full release of mortagage or any legal costs and fees incurred in order to de- liver marketable title to District. 5. The District shall have no obligation to pay any real estate agent's commission or other related fees in connection with this transaction. 6. Seller warrants that there are no oral or written leases or rental agreements on all or any portion of the subject property, and Seller agrees to hold the District harmless and reimburse the District for any and all liability, losses and expenses occasioned by reason of any lease or rental agreement on the property. 7. District may have until July 31, 1978 to execute this agree- ment, in consideration of which District has paid, and Seller ac- knowledges receipt of the sum of $10.00. Escrow shall close within 30 days after the date this agreement is executed on behalf of the Board of Directors. 8. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: APPROVED AS TO FORM: 7 Stanley Nor on, District Council ACC OR RECOMMENDATION: Britton Land A quisition Manager RECOMMENDED FOR APPROVAL: Ierbert Grench General Manager APPROV$D AND ACCEPTED: By: arry President Dated: ATTEST Cler of ,t -e Board 4Q‘ /r SELLER: yl Alyce,%lee Burns Dated !' T • (tior Subject to a minimum charge as required by Section 12404 of the Insurance Crude. PRELIMINARY REPORT Firsi American Tilte Insurance Gompany San Mateo County Title Division MID -PENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE LOS ALTOS, CALIF. 94022 . Form of Policy Coverage Requested: POLICY In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This repo, : (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of titie insurance, a Binder or Commitment should be requested. FORMERLY San Alnico County Title Cu1/1p1uy tsrn[3u$llt0 to74 Refer to Order Number and Office as indicated. X Middlefield and Marshall Sot 549 Redwood City. Calif. 368-2851 1100 So. El Camino Real Box 469 San Mateo. Calif. 341-2691 1190 Chestnut Street Box 906 Menlo Park, Calif. 32? -7775 777 !Cain: Avenue Box 306 San Bruno, Calif. 583.9324 • 150 88th Street , 8ox 870 9aly City, Calif. 992.4606 100 Cabrillo Hwy. North Box 273 Half Moon Bay, Calif. 726.4416 R hdwood City Order No. 255572 Customer's References Dated as c f CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE October 6, 1977at7:30a.m. LEROY LAURENCE • TITLE OFFICER Title of said estate or interest at the date hereof is vested in: ALYCE LEE BURNS, as her separate property The estate or interest in the land hereinafter described or referred to covered by this Report is: A FE E At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: CONTINUED EXHIBIT 255572 A i'.vjt 2. 1. County Taxes for the fiscal year 1977-78, now a lien, but not yet due or payable. Parcel No. 080 211 020, Code Area 66-19 1st Installment District Tax -Land Only 2nd Installment District Tax -Land Only $209.33 • .47 $209.33 .47 Covers portion of Parcel I, being 9.49 acres, more,or less Parcel No. 080 211 030, Code Area 66-19 1st Installment District Tax -Land Only 2nd Installment District Tax -Land Only Covers portion of $55.08 .12 5'5.08 .12 Parcel I, being 2.49 acres, more or less. Parcel No. 080 302 010, Code Area 66-22 1st Installment District Tax -Land Only 2nd Installment District Tax -Land Only Covers Parcel II. 2. EASEMENT for all existing roads. $11.01 ..02 11.01 .02 3. RIGHT OF WAY over the herein described property, as granted in Instrument From Louis Oneal Inc.., a corporation To : Pacific Gas and Electric Company, a corporation. Dated : May 1, 1929 Recorded : May9, 1929 Book 410 of Official Records at page 365, Records of San Mateo County, California. Grants Right of Way for a line of poles and wires over Parcel I. Note: There have been no Deeds recorded within the last 6 months prior to the date of this report, affecting the herein described property. EXHIBIT Page 255572 ( Page 3. DESCRIPTION The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: PARCEL 1: All that portion of the South half of the Northeast quarter of Section 15 and all that portion of the South half of the Northwest quarter of Section 15, Township 7 South, Range 3 West, M. D. B. & M. lying Southerly and Easterly of the center line of the Page Mill Road. • . EXCEPTING all that portion thereof lying within Santa Clara County. PARCEL Il: BEGINNING at the point of intersection of the Northeasterly line of the Skyline Boulevard as the same existed to January, 1950 with the Southeasterly line of the 454.189acre parcel of land conveyed by Bertha A. Hayes to Sada Coe Robinson, by Deed dated January 14, 1946 and recorded January 21, 1946 in Book 1239 of Official Records .at page 173, Records of San Mateo County, California; thence from said point of beginning along the Southeasterly line of said 454.89 acre parcel North 54° 05' East 280 feet, more or less, to the dividing line between the County of San Mateo and the County of Santa Clara; thence along said County line North 48° 20' West 90 feet, more or less, to an angle point in said line designated.as Station 37; thence continuing along said County line South 72° 40' West 370 feet, more or less, to the Northeast- erly line of the Skyline Boulevard; thence Southeasterly along said Northeasterly line of Skyline Boulevard to the point of beginning. AP 080 211 020 080 211 030. 080 302 010 ORDER DATE - October 4, 1977 S.T.R.DATE - None JPN 80 21 211 2 80 21 211 3 80 30 302 1 EXHIBIT Page .3 0 y .91 ,1)• ; / ,y'//L 1. 11/16 Gf% EXHiSiT,/ • S PLAT OF: c, J-cc`s'. . '>. �J' 75 - SCALE: ..7,•.7J �EE'i OUR NO. 2555 72_ NOTE: THIS IS NOT A SURVEY OF THE LAND, BUT IS COMPILED FROM DATA SHOWN BY THE PUBLIC RECORDS SAN MATEO COUNTY TITLE COMPANY -REDWOOD CITY. CALIFORNIA