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Home My Public Portal AboutResolution - 78-33- 19781213 - Crist Property Russian RRESOLUTION NO. 78-33 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 (RUSSIAN RIDGE OPEN SPACE• PRESERVE-CRIST PROPERTY) 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 that certain purchase agreement between Frank Lee Crist, Sr., et al, and the Midpeninsula Regional Open Space District dated December 6, 1978, a copy of which is attached hereto ana by re- ference made a part hereof, and authorizes 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 of the 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 78-33 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on December 13 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: None ABSENT: None ATTEST: A/k/&A) APPROVED: Secretary; Board of D rectors Presidyft, 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 PURCHASE AGREEMENT THIS AGREEMENT, made this 6r„ day of 1978, by and between the undersigned individuals, hereinafter referred to as . "THE CRIST FAMILY", and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter referred. to as "DISTRICT". WITNESSETH: RECITALS: (A) THE CRIST FAMILY is the owner of that certain real property within the County of San Mateo, State of California, indicated as lots 1 and 2 on the map labelled exhibit "A" which is attached hereto and by this reference incorporated herein and made a part hereof. (B) THE CRIST FAMILY is the owner of that certain real property within the County of Santa Clara, State of California, indicated as lot 3 on said map. (C) The DISTRICT desires to purchase and THE CRIST FAMILY is willing to sell lots 1 and 2 of said property to the DISTRICT for the consideration and upon the terms and conditions hereinafter set forth. (D) CRIST FAMILY members, Frank Lee Crist, Sr., Eugenia M. Crist, Frank Lee Crist, Jr.,, Carolyn G. Crist, Margaret A. Crist, Roger E. Crist and Diane C. Crist, out of the desire to promote public welfare, and share the natural and scenic beauty and enjoyment of their property with the citizens of Midpeninsula area, hereby desire to give and DISTRICT desires to receive, without consideration, lot 3 of said property. (2) (10) This is thi: whole of t:.is'oi..r :\c'i"t`�:.:':!: i!`. ?:t'.d tho pt:�: fur:':" %=:. J this Ag.� t:t'i:'s::'•^ Co::sti.tutes the ,iiiLi•rc consideration for said J NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD -111:U) A R. E L) as L .1.1o:is: 1. PURCHASED PROPERTY, On the terms and subject to the conditions set forth herein, THE CRIST FAMILY agrees to sell and convey lots 1. and 2 of said property raore particularly descr. ir : in the preliminary title report labelled exhibit "D" which is attached hereto and by this reference incorporated herein com- prising Ilr:i sing approximately 117 acres, generally referred to as ail of `:an _a Leo County Assessor's Parcels 080--2 7.1--0GOO and 011, to th=• DISTRIC::i', and the DISTRICT agrees to purchase said prap•cr ty Tii:: CRUST FAMILY; in addition THE GRIST FAMILY agrees to tra:t: f r to the DISTRICT without consideration lot 3 of said proper ty more particularly described in the preliminary title report lab -:,11E.:4 exhibit "C" which is attached hereto and incorporated herein by this reference, comprising approximately 13 acres, generally re- ferred to as all of Santa Clara County Assessor's Parcel 351-07-04, to the DISTRICT: and DISTRICT agrees to accept title to said lot 3. 2. PURCHASE PRICE AND CONDII 1'ICNS . A. The purchase price of said lot 1 shall be the sum of ONE . HUNDRED THIRTY-ONE THOUSAND EIGHT HUNDRED DOLLARS (S131,800.00) payable contemporaneously with delivery of grant clee:i B. At the time lot 1 is conveyed to the' DISTRICT, TEC CRIST t•'A_`4ILY shall also convey lot 2 to the DISTRICT. C. Not later. than December 31, 1979: (3) 1) D:iS i ICT h:t1.1 give: THE GRIST r'AmILY written r ot.ic;_ c its intention to retain ownership of lot 2, in which case, DISTRICT shall deliver into escrow on or before July 1, 19$0 the balance of the total purchase price of TWO HUNDRED TWENTY-FOUR THOUSAND EIGHT HUNDRED SEVENTY-FIVE ($224,875.00) together with interest on the unpaid balance which shall accrvn at a rate of 6 %per annum computed from the date of closure for lots 1 and 2 to the date of delivery of said balance into escrow. Payment to grantor of said balancc amount and accrued interest, if any, shall b:! the enti r:: consideration of purchase for lots 1 and 2 and THE CRIB` FAMILY shall have no further claims with respect to e i t h r- parcel.; or 2) DISTRICT may elect not to retain ownership of lot 2, in which case, DISTRICT shalt imme is tcly reconvey said lot :2 to TEI GRIST FAMILY subject only to the same conditions ar 1 encumbrances as when received. Until the completion of payment described in Paragraph 2 C (1) , DISTRICT shall hold title to lot 2 subject to the fiduciary .trust responsibility - of reconveyance to THE CRIST FAMILY should DISTRICT not elect to retain its ownership. DISTRICT shall not have any right, during this period of trust, to transfer in all or part, encumber or impose any condition upon 3.o t .2_ Tho rights of THE CRIST FAMILY as provided herein shall be subject to specific performance: In the event. THE CRIST FAMILY is required to enforce its rights hereunder, DISTRICT shall reimburse THE CRIST FAmILY for all such costs of enfor. comr,nt , including, but not limited to, court, at torr:c1 (4) and t i. I•1e c:ij)eti:;:.:_; . 3 , r ' a 1 1 be privileged v � l egcecd to acct 1 er t.e �1CCt...:.�ti�'i .IOL.. DISTRICT 5:3::. .s the time of purchase of lot 2. 4. CONDITION OF TITLE:. TIE. CRIST FAMILY shall convey said lots 1 and 2 to DISTRICT by grant deed, free and clear of all liens and encumbrances, taxes and assessments, penalties and costs, leases (recorded and unrecorded) , easements, rights--of--gray, bonds and any and all restrictions and reservations of record, other than current taxes, as described below, and exceptions numbered 2 5 in the preliminary title report No. 447583-RWC issued to DISTRICT by Title Insurance and Trust Company (Redwood City, through Calif- ornia) under date of October 16, 197g. As above, said preli ainary title report is attached and labelled exhibit "B'1. Additionally, at the time of purchase of lot 1 and lot 2, or reconveyancc of lot 2 as provided herein, DISTRICT shall have t'he sole responsibility for any escrow costs or charges, including but not limited to the preparation of title reports, deeds, recording and conveyance ,fees and other related charges. Evidence of title shall in every instance be in the form of a standard from Owner's CTL?\Po1'icy of title insurance issued by Title Insurance and Trust Company. 5. PROPERTY TAXES -!Taxes levied against the property shall bc prorated to the date of close of escrow of purchase. - TH CR.-.IST-..-W%1111,1 -,t er3't :- tc that there • t): are no .oral or written leases or rental agreements portion of sub j ect -property, and THE CRI S T FAMILY agrees to hold the Di., T harmless and reimb:irse-.the DISTRICT -for .any----ancl•--a•11--liability loss . • and-- expenses occasioned--by-rca. _3 (5) o-: any ).c.r'se or ref tal--ayref': t€.m t on the pro;> r ty . 7. MOWING WAIVER. T!'HE. CRIST FAMILY .tnd DISTRICT understand and agrc3 that THE CRIST FAMILY may be entitled to receive the fair market value of the property depicted on exhibit "A", as provided for by Government Code section 7267.2, and as detemined by an appraisal obtained by DISTRICT; THE CRIST FAMILY acknowledges that it has received and familiarized itself with the applicable Government Code sections (commencing with section 7267) and further understands that no such appraisal has been made of said property, and THE CRIST FAr•III,Y hereby waives any and all existing and/or future rights they may have to the fair market value of sai J property, appraisals, etc., as provided by said Government Code :sections. 8, RELOCATION. THE CRIST FAMILY acknowledges and conf i r,rs that they do not qualify, either individually or collectively, for any benefits of any nature whatsoever, under the Comprehensive Relocation Assistance Law (Government Coale sections 7260 thru 7274 inclusive and Title 25, Part I, Chapter 6 of the California Administrative Code). 9. NOTICE. Any notice to be given or other documents to by delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States mail in the State of California, duly registered or certified, with postage prepaid, addressed as follows: To: THE CRIST FAMILY c/o Roger E. Crist P. O. Box 90 Palo Alto, CA 94302 (6) To: MIDPENINSULa REGIONAL OPEN SPACE DIS'T'RICT c/o L. Craig Britton, Land Acquisition Manage, - 375 Distel Circle, Suite D-1 Los Altos, C\ 94022 ::::ch party hereto may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one specified above. Ifany notice or other document shall be sent by certified mail as aforesaid, the same shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice in the United States mail in the manner set forth above. 10. ASSIGNMENT. Neither this agreement nor any interest herein shall be assignable by either party without the prior written consent of the other. 11. AND ASSIGNS. Subject to the provisions ion s f SUCCESSORS AS..�SGt.. j p, � o.. Clause 9 herein, this agreement shall run with the land and shall inure to the benefit of and shall be binding. upon the assigns, successors in interest, personal representatives, estates, hei- and legatees of each of the parties hereto. 12. DISPUTE. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement or the breach thereof, the party prevailing shall be entitled t.o recover from the other party reasonable expenses, attorney's fees and costs. 13. RESERVATION,. THE CRIST FAMILY shall reserve an access easement across lots 1 and 2 from Skyline ou t vard to the remaining owned by THE CRIST FAMILY to the southwest c,.�. _-c t 1 in the form as provided in exhibit ED"; provided, however, that the DISTRICT shall have the right to substitute said. access (1) :• .::;•�r ic'ntt for replacement access casement across any real property ..o the northeast of lots 1 and 2 which the . DISTRICT may acquire in the future. 14. ACCEPTANCE. The DISTRICT shall have a period of thirty (30) days from and after the date hereof within which to accept and execute this Agreement, and during said period of thirty (3 0) days this contract shall constitute an irrevocable offer by THE GRIST FAMILY to enter into a contract with the DISTRICT on the terms and conditions set forth herein, and in consideration of which DISTRICT has paid, and THE CRIST FAMILY acknowledges receipt of the :.;um of Ten Dollars ($10.00) . 15. CLOSING AND POSSESSION. The purchase and sale shall be closed on or before January 31, 1979, -through an escrow as above mentioned. Possession of said property shall be delivered to DISTRICT at the close of escrow. This agreement contains the entire agreement of the parties hereto and supercedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, between the parties hereto relating to the subject matter contained in this agreement which are not fully expressed herein. IN WITNESS WHEREOF, the parties have executed this acJrecrment the day and year.first above written. IDPENI:. SUI.A REGIONAL OPEN SPACE DISTRICT: APPROVED AS TO FORM: Stanley Igor t• n, District Council ACC OR RECOMMENDATION: rc ' g Britton Land qui sition Manager RECOMMENDED FOR APPROVAL: Herbert Grench General Manager APPROVED AND ACCEPTED: Harry A. Turner President, Board of Directors DATE: ATTEST:. Clerk of the Board T+iIE C tIS'r; FAMILY Lee Crist, Sr. -, - - Eugenia)i. Crist e k Lee Jr. `.�� 1 • :t ._ __ ' i ` 4 . Margaret /A. Crest !-`-• /2. C o. n rr . C. t y 1 Di '. Crist Rose E. Grist, Trus ee of €1i Je:nese Rowell Children's Trust F .... 1. 4' .0 1 ; ;•*, :ire A- ........... .....„„,,, .., 41 .-! �, , 1 r w a.`,� ` C TAX COG( 44PEA _..... • .• ___..• IPS y,• f1.1• . 4.4 0 •r /•• �N V J• IO ..Jyr �`D OQ r\.._) Wi ZONING .• -... • $0_27 Imo,.,. . p • I ..J{ r '...Iola '. ger J• .rsa.ssoR'3 IMP CPWIT' OP VII 1J4rto, C.dLIP LA f1oN04-PCSCAGEP'o UNIF/C0 SC1ICGL .M./Cr