HomeMy Public PortalAboutResolution - 79-11- 19790214 - waiver of right of firstRESOLUTION NO. 79-11
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AGREEMENT FOR WAIVER OF RIGHT OF
FIRST REFUSAL, AUTHORIZING OFFICER TO EXECUTE
RESTRICTION AGREEMENT AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY TO OR APPROPRIATE TO CLOSING OF THE
TRANSACTION(LONG RIDGE OPEN SPACE PRESERVE/
PACIFIC HIGH SCHOOL 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 approve and authorize
the execution of an agreement for waiver of right of first
refusal with Bodhi, a non-profit corporation, as set forth on
Exhibit A, as attached hereto and by this reference made a part
hereof.
Section Two. The President of the Board or other appropriate
officer is authorized to execute the restriction agreement.
Section Three. The General Manager is authorized to execute
any and all other documents in escrow necessary or appropriate
to the closing of the transaction.
Section Four. The Board of Directors finds that the waiver
of right of first refusal is in accordance with the Basic Policy
of the District and is not detrimental to the open space character
of the Long Ridge Open Space Preserve.
* * **:* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * •
Secretary, Board of Directors
RESOLUTION NO. 79-11
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on February 14 , 19 79 at a
regular meeting thereof, by the following vote:
AYES: D. Wendin, E. Shelley, N. Hanko, K. Duffy, R. Bishop and
H. Turner
NOES: None
ABSTAIN:
None
ABSENT: B. Green
ATTEST: APPROVED:
51.69
(4 e4:e
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.
AGREEMENT
THIS AGREEMENT, made this
day of
1
1979, by and between BODHI, a non-profit corporation, hereinafter
referred to as "BODHI" and the MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District, hereinafter referred to as "DISTRICT".
WI TNES SETH :
RECITALS:
(A) BODHI desires to acquire the.ownership of that certain
real property located in the County of Santa Cruz, State of California,
commonly known as Santa Cruz County assessor's parcel No. 88-011-05,
as outlined in red on Exhibit "A",which is attached hereto and.by
this reference incorporated herein and made a part hereof;
(B) DISTRICT, as successor in interest, has a right of first
refusal to the land depicted on Exhibit "A", presently owned by
Pacific .High School,. a California corporation, and;
(C) DISTRICT is willing to allow BODHI to acquire said land '
for the consideration and upon the terms and conditions hereinafter
set forth. This is the whole of their Agreement and the performance
of this Agreement constitutes the entire consideration of said
waiver of right of first refusal.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows:
1. Restriction Agreement,O n the terms and subject to the
conditions set for.th herein, BODHI agrees to grant, and
be bound by all of the terms and conditions of a restriction
with covenants in the form attached hereto as Exhibit
nwit
and DISTRICT agrees to accept said restriction with cove-
nants.
2. Acquisition of Title by BODHI. The obligations of BODHI
herein are conditioned upon the acquisition of clear title
to that certain parcel of land commonly known as Santa Cruz
County assessox'.s parcel No. 88-011--05, .as. outlined on Exhibit
"A", from Pacific High School, a California corporation.
3. Waiver of Right of First Refusal. DISTRICT, assuccessor
in interest, hereby waives its 'right of first refusal con-
tained in that certain Agreement by and between Long Ridge
Ranch, Inc. and Pacific High School, Inc. dated May 18, 1965
and that certain Agreement by and between Long Ridge Ranch,
Inc. and Pacific Educational Foundation, Inc. dated May 13,
1965, so that BODHI may acquire the land depicted on Exhibit
"A". from Pacific High School,. Inc.
4. Costs. DISTRICT shall not be responsible for any fees or
costs; of any nature whatsoever,_involved in the purchase
and closing of the transaction with Pacific High School, or the -
execution, delivery, or recordation of the restriction with
covenants as described in Exhibit "B".
5. Taxes. BODHI shall pay all due and unpaid taxes, however
occurring, as of the date of close of escrow.
6. Acceptance. The DISTRICT shall have a period of ten
(10) days from and after the date hereof within which to
accept and execute this Agreement, and during said period..of
ten (10) days this contract shall constitute an irrevocable
offer by BODHI to enter into a contract with the DISTRICT
on the terms and conditions set forth herein, and in con-
sideration of which DISTRICT has paid/ and BODHI acknow-
ledges receipt of, the sum of Ten Dollars ($10,00).
7. Closing. The restriction with covenants shall be closed
and recorded concurrently with the purchase and closure
by BODHI of the property depicted on Exhibit "A", from
Pacific High School.
8. Successors and Assigns. The provisions hereof shall inure
to the benefit of and bind the respective successors, heirs
and assigns of the parties hereto.
IN WITNESS WHEREOF, BODHI has executed this Agreement the day.
and year first above written.
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT:
APPROVED AS TO FORM:
District Counsel
AC ?�3' E ►�/ OR RECOMMENDATI ON :
Cra Britton,
Land Acquisition Manager
RECOMMENDED FOR APPROVAL:
Herbert Grench
General Manager
APPROVED AND ACCEPTED:
By :
Edward G, Shelley
President, Board of Directors
DATE:
AT TES •
Cler' of '"Board
BODHI, A Non-profit Corporatiion
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RESTRICTION AGREEMENT
WHEREAS, THE MIDPENINSULA REGIONAL OPEN SPACE. DISTRICT, a Public
District, hereinafter called "DISTRICT", is the owner of that cer-
tain real property described in Exhibit "A", as attached hereto and
incorporated herein by this reference, and
WHEREAS, DISTRICT has a right of first refusal, as successor
in interest, to the land described in Exhibit "B", as attached hereto
and incorporated herein, presently owned by Pacific High School, a
California corporation, hereinafter called "PACIFIC", and
WHEREAS, BODHI a non-profit corporation, hereinafter called
"BODHI", desires to acquire said land from PACIFIC,.and
WHEREAS, DISTRICT is willing to allow BODHI to acquire the land
described in Exhibit "B", but only on the terms and conditions herein-
after set forth.
NOW, THEREFORE, IT IS HEREBY AGREED:
1. DISTRICT hereby releases, remises and quitclaims all of its
rights as successor in interest to the property described
in Exhibit "A", by and through those certain Agreements
dated May 13, 1965 and May 18, 1965 and recorded in Book 1698,
Santa Cruz County official records at Page 534 and Book
1698 Santa Cruz County official records at Page 542;
respectively.
EX f
2. Before there can be a valid sale or transfer of all or any
portion of theparcel described in Exhibit "B", BODHI
shall first offer said parcel or part thereof to DISTRICT
or its assignee in the following manner;
A. BODHI shall deliver a notice in writing by mail or
otherwise to DISTRICT at its principal place of business,
stating the price, terms and conditions of such proposed
.sale or transfer, the number of acres being sold and its
intention to sell or transfer. Within twenty-one(21)
days thereafter, DISTRICT or its assignee shall have
the prior right to purchase said property at the price
and upon the terms and conditions stated in such notice.
Such right may be exercised by delivery in writing by
mail or otherwise to BODHI of a notice of exercise of
right to purchase.
B. If DISTRICT or its assignee notifies BODHI that it does
not wish to exercise the right of first refusal or if
the right is not exercised within the twenty-one (21)
day period, BODHI shall be free to sell the property to
that purchaser, but only at the price and upon the terms
and conditions stated in the aforementioned notice.
3. The property described in Exhibit "B" is held and shall be
held, conveyed, hypothecated or encumbered, leased, rented,
used, occupied, and improved subject to the limitations,
restrictions and covenants- that the said parcel shall not
be subdivided into lots in any manner whatsoever and that
EXHIBIT
Page or 7
said parcel shall remain, in perpetuity, as one contiguous,
undivided parcel.
4. DISTRICT shall have the right of Design Review as herein
defined with respect to any and all improvements proposed
to be constructed on the property described in Exhibit "TB".
This right shall not pertain to the maintenance or improve-
ment of presently existing structures on said property.
Design Review is intended to provide a process for review
by the DISTRICT of development in environmentally and
ecologically sensitive areas in order to assure that develop-
ment will be harmonious with other uses in the general vi-
cinity and will be compatible with environmental and ecological
objectives.
A. With regard to construction of any improvements on the
property described in Exhibit "B", an application for
design review shall b.e made to the DISTRICT. The
application shall include the following:
(1) A site plan showing the location of all proposed
buildings, structures, planted or landscaped areas,
paved areas, and other improvements, and indicating
the proposed uses or activities within the site.
(2) Drawings or sketches showing the elevations of all
proposed buildings, sufficiently dimensioned to in-
dicate the general scale, height, and bulk of such
buildings.
B, Within 30 days from the filing of the application with
the DISTRICT, DISTRICT shall review the. site plan and
drawings, and shall make its recommendations based upon
the following objectives: s,. R, IT
(1) To ensure construction and operation in a manner
that will be orderly, harmonious, and compatible
with existing or potential uses of adjoining or
.nearby sites.
(2) To ensure that sound principles of environmental
design and ecological balance shall be observed.
The design review provided for herein is advisory only in
nature and the owner of the property described in Exhibit
"B" is free to accept or reject the recommendations of the
DISTRICT.
5. In addition to the foregoing, BODHI hereby grants to DISTRICT
an easement 40 feet in width for non --motorized trail pur-
poses limited in use as follows: The trail shall be not
more than 10 feet wide, with a buffer, of 15 feet on each side
which shall be left in its natural condition. The easement
shall be located on the subject property at a place, mutually
agreeable to the parties, but southerly and above elevation
2400 feet as it crosses said property,and selected by them
in accordance with the objective of maximum environmental
protection and minimum esthetic and ecological harm or
disturbance.
6. Said limitations, restrictions, and.covenants shall run with
the land and shall bind all successors and assigns of BODHI
and all parties having or acquiring any right, title, or
interest in the land described in Exhibit "B".
7. Said limitations, restrictions and covenants are made for
the benefit of the land described in Exhibit "A" and en --
T
forceable by DISTRICT, it successors and assigns and all
parties having any right, title or interest in the land
described in Exhibit •'A".
IN WITNESS WHEREOF, the parties hereto have executed this
Restriction. Agreement this day of
1979.
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District
By
President
BODHI, A None -profit Corporation
By
President
EXHIBIT "A"
PAGE 1 of 3
Situate in the County of San Mateo, State of California, and described
as follows:
PARCEL I:
A portion of Sections 26, 35 and 36, Township 7 South, Range 3 West,
and a portion of Section 1, Township 8 South, Range 3 West, ?' DM, and
said portion being described as follows: Beginning at a concrete
monument with a bronze disc marked "T.7.S. 35/36, 2/1, T.8.S. , County
of Santa Cruz, County Surveyor", said monument denotes the common
section corner of said Sections 35 and 36, and 1 and 2; thence from
t
said point of beginning Westerly along the Southerly line of said
Section 35, South 89° 57' 50" West 2639.76 feet to a 3/4" iron pipe
monument ;narking the South 1/4 corner of said section; thence North-
erly along the 1/4 section line North 0° 49' 40" East 2678.41 feet to
a 3/4" iron pipe narking the center of last said section; thence East-
erly along the 1/4 section line,lSouth 89° 48' 30" East 327.53 feet
to a 3/4" iron pipe monument marking the Southeasterly corner of West
1/2, Southwest 1/4, Southwest 1/4 and Northeast 1/4 of said Section
35; thence along the Easterly line of the last parcel to the North-
easterly corner hereof, North 0° 48' 38" East 665.36 feet to a point
on the Southerly line of the Northwest 1/4, Southwest 1/.4 and Northeast
1/4 of the last said section; thence Easterly along last said line
South 89° 55' 22" East 327.34 feet to the Southeasterly corner of last
said Parcel, said point being also a point on the West 1/2, West
1/2, and Northeast 1/4 of said Section 35; thence Northerly along the
Easterly line of last said parcel, North 0° 47' 36" East 1998.04. feet'
to a point on the Northerly line of last said section, said point- __
being also the Southeast corner of the West 1/2, West 1/2, and South-
east 1/4 of the above recited Section 26, said point being distant
Easterly thereon, North 89° 43' 56" East 653.54 feet from a 1-1/2"
iron pipe monument marking the Northerly 1/4 section corner of said
Section 35; thence Northerly along the Easterly line of said West
1/2, West 1/2 and Southeast 1/4 of said Section 26, North 0° 22'
05" East 2236.97 feet to the center line of Skyline Boulevard (known
as State Highway No.. 55) ; thence Southeasterly along last said line,
along the arc of a curve to the right, tangent to a line bearing
South 64° 19' 09" East, having a radius of 2000.00 feet, a central
angle of 0° 42' 30", an arc length of 24.81 feet; thence South 63°
36' 30" East 711.35 feet to a point at the beginning of a tangent
curve to the right; thence Southeasterly along the arc of last curve,
having a radius of 2000.00 feet, a central angle of 7° 10' 00", an
arc of 250.16 feet to a point on the Southwesterly line of the
- continued -
EXHIBIT .6
P3Se o
,HIBIT "A"
PAGE 2 of 3
County Line of Santa Clara County; thence Southeasterly along last
said line, South 7° 30' 00" East 70.00 feet and South 68° 35' 20"
East 107.94 feet to a point on the centerline of said Skyline Blvd.;
thence Southeasterly along the arc of a curve to the right tangent to a
line bearing South 49° 50' 47" East, having a radius of 2000.00 feet, a
central angle of 0°,39' 17", an arc length of 22.85• feet; thence South
49° 11' 30" East 195.00 feet to a point on said County Line of said
Santa Clara; thence Southeasterly along last said line, South 23° 11'
30" East 146.55 feet and South 73° 11' 30" East 157.96 feet to the
centerline of Skyline Boulevard; thence Southeasterly along last said
line, South 49° 11' 30" East 222.00 feet to a point at the beginning
of a tangent curve to the right; thence Southerly along the arc of
last said curve, having a radius of 1,000.00 feet, central angle of
42° 13' 00", an arc length of 736.82 feet; thence South 6° 58' 30"
East 66.55 feet to a point on the Easterly line of the County line of
San Mateo County, said point being also a point on the Easterly line
of said Section 26; thence Southerly along said County line of San
Mateo, South 00 22' 05" West 246.74 feet and South 13° 49' 00" West
274.58 feet and South 79° 18' 40" East 64.50 feet to a point on the
Easterly line of said Section 35, said point being distant South 0°
41' 27" West 56.87 feet from a 5" x -5" concrete monument marking the
common section corners of Sections 25, 26, 35 and 36 of said Town-
ship 7 South, Range 3 West; thence Southerly along said east line of
said Section 35, South 0° 41' 27" West 2622.87 feet to a found 5" x
5" concrete monument marking the Easterly 1/4 section of said Section
35; thence Easterly along the 1/4 section line of said Section 36,
South 89° 44' 40" East 963.40 feet to a point on the Westerly line of
said Skyline Boulevard; thence Southwesterly along last said line,
South 33° 21' 00" West 13.96 feet to a point at the beginning of a
tangent curve to the left; thence Southwesterly along the arc of last
said curve having a radius of 450 feet, a central angle of 50° 00'
00", an arc length of 392.70 feet; thence South 16° 39' 00" East
116.26 feet to a point at the beginning of a tangent curve to the
right; thence Southwesterly along the arc of last said curve, having
a radius of 250.00 feet, a central angle of 66° 59' 00", an arc
length of 292.27 feet; thence South 50° 20' 00" West 154.76 feet to
a point at the beginning of a tangent curve to the left; thence
Southerly along the arc of last said curve, having a radius of 450
feet, a central angle of 143° 00' 00", an arc length of 1123.12 feet;
thence North 87° 20' 00" East 99.26 feet to a point at the beginning
-- continued -
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r.
EXHIBIT "AR'
PAGE 3 of 3
of a tangent curve to the right; thence Southeasterly along the arc
of last said curve, having a radius of 350.00 feet, a central angle
of 29° 04' 42", an arc length of 177.63 feet to a point on the East-
erly line of the West 1/2 of the Southwest 1/4 of the above mentioned
Section 36; thence Southerly along last said line of South 00 16' 4d"
West 979.66- feet to the Southeast corner of last said Parcel, said
point being also a point on the Southerly line of said Section 36;
thence continuing along the last mentioned course,.South 0° 16' 48
West 633.78 feet to a point on the Southerly line. of Township 7
according to Lighfoot Survey in 1918 as delineated upon the Record
of Survey, recorded February 14, 1957 in Book 32 of flaps at page 50,
Santa Cruz County Records; thence along the last mentioned line,
North 64° 14' 10" West 1471.71 feet to the point of beginning.
EXCEPTING THEREFROM these portions lying within the Counties of
Santa Clara and Santa Cruz.
PARCEL II:
SITUATE in the County of Santa Cruz, State of California, and described
as follows:
BEING a portion of the West 1/2 of the Southwest 1/4 of Section 36
Township 7 South, Range 3 West, M.D.B.& M., and also a portion of lands
conveyed to Long Ridge Ranch, by Deeds dated December 29, 1964 and rec-
orded in Book 1667, Pages 118 and 122, Official Records of Santa Cruz
County, described as follows:
BEGINNING at a 5" x 5" concrete monument marking the 1/4 section
corner on the Westerly boundary of said Section 36; thence from said point
of beginning South 89° 44' 40" East 963.48 feet along the 1/4 section line
to a point on the Westerly line of Skyline Boulevard, State Highway No.
55-A ; thence South 33° 21' West 13.96 feet along said line to a point at
the beginning of a tangent curve to the left; thence Southwesterly along
the arc of a said curve, having a radius of 450 feet, a central angle of
50°, an are length of 392.70 feet; thence South 16° 39' East 116.26 feet
to a point at the beginning of a tangent curve to the right; thence
Southwesterly along the arc of said curve, having a radius of 250 feet, a
central angle of 66° 59', an arc length of 292.27 feet; thence South 500
20' West 154.76 feetto a point at the beginning of a tangent curve to the
left; thence Southerly along the arc of said curve, having a radius of 450
feet, a central angle of S7° 27' 61", an arc length of 686.92 feet to a poin
on the Northerly boundary of lands conveyed to Pacific Educational Foundatio:
by Deed dated December 29, 1964 and recorded in Book 1667, Page 128, Officia
Records of Santa Cruz County; thence leaving the Westerly line of Skyline
Boulevard and along the Northwesterly boundary of said lands of Pacific
Educational Foundation, South 55° 55' West 817.69 feet to a point on the
Westerly boundary of said Section 36 from which the Southwest corner of
said section bears South 0° 24' 44" West 724.94 feet; thence North 0° 24' 44
East along the westerly boundary of said section to the point of beginning.
DESCRIPTI0N
SITUATE in the County of Santa Cruz, State of California, and described as follows:
EXHIBIT "B"
PAGE 1 of 1'
BEING a portion of the Southwest 1/4 of Section 36, Township 7 South, Range 3 West, and
a portion of Section 1, Township 8 South, Range 3 West, Mount Diablo Meridian, said portion
being described as follows:
BEGINNING at a concrete monument with a bronze disc narked "T. 7 S., 35/36, 2/1, T. 8
S. County of Santa Cruz, County Surveyor",said monument denotes the Southwest corner of
said Section 36; thence along the West line of said Section North 0° 24' 44" East 724.94
feet; thence leaving last said line North 550 55' 00" East 817.69 feet to a•point on the
.westerly line of Skyline Boulevard (known as State Highway No. 55); thence Southerly along
last said line, along the arc of a curve to the left tangent to a line bearing South 37°
07' 41" East having a radius of. 450.00 feet, a central angle of 55° 32' 19" an arc length
of 436.20 feet; thence North 87° 20' 00" East 99.26 feet to a point at the beginning of a
tangent curve to the right; thence Southeasterly along the arc of last said curve, having
a radius of 350.00 feet, a central angle of 29° 04' 42", an arc length of 177.63 feet to a
point on the Easterly line of•the West 1/2 of the Southwest 1/4 of above mentioned Section 36;
thence Southerly along last said line South 0° 16' 48" West 979.66 feet to the Southeast
corner of last said parcel, said point being also a point on the Southerly line of said
Section 36; thence continuing along the last mentioned course South 0° 16' 48" West 633.78
feet to a point on the Southerly line of Township 7 according to Lightfoot Survey in 1918 as
delineated upon the Record of Survey recorded February 14, 1957 in Book 32, Page 50 of Maps,
Santa Cruz County Records; thence along last mentioned line North 64° 14' 10" West 1471.71
feet to the point of beginning.
EXCEPTING THEREFROM an undivided 1/2 interest in and to all mineral, oil, petroleum,
gas and other hydrocarbon substances and rights into, in, on, under, and about said real
property; 1/4 being reserved in the Deed from Marcella Jane Tucker, Guardian of the person
and estate of Jessie M. Fatjo, an incompetent person, recorded December 31, 1964 in Volume
1667, Page 117, Official Records of Santa Cruz County and 1/4 being reserved in the Deed
from Marcella J. Tucker, also known as Miarcella Jane Tucker recorded December 31, 1964 in
Volume 1667; Page 122, Official Records of Santa Cruz County.