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Home My Public Portal AboutResolution - 80-29- 19800625 - Maridon Property Monte BJ RESOLUTION NO. 80-29 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 - MARIDON 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 the attached purchase agreement between Felix Maridon, et al, and the Midpeninsula Regional Open Space District, dated May 30, 1980, a copy of which is attached hereto and by reference 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 author- ized to expend up to $2,000. to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 80-29 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 25 , 19 80 at a regular/spy meeting thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Barbara Green, Edward Shelley, Harry Turner, and Richard Bishop. NOES: None. ABSTENTIONS: None. ABSENT: Nonette Hanko. ATTEST: APPROVED: .11 Secretary, Board of Directors President, Board of Directors (pro tempore) I, the District Clerk/Dmmakyldasixilickxgarexiocof 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 vote. District Clerk AGREEMENT.TO PURCHASE REAL PROPERTY THIS AGREEMENT is made.and entered into on the date hereinafter set forth by and between the undersigned individuals, henceforth called "SELLERS" and the MIDPENINSULA REGIONAL. OPEN SPACE DISTRICT, henceforth called "DISTRICT." 1. PURCHASED.PROPERTY. SELLERS agree to sell to DISTRICT, and DISTRICT agrees to purchase from SELLERS in the proportionate amounts hereinafter .set forth, SELLERS' real . property- located in the County of Santa Clara, State of California, consisting of some one hundred sixty-nine and forty four one -hundredths (169.44) acres, more or less, and more specifically known and described as: Lots 8 and 13 and the East one-half (1/2) of the Southwest one -quarter (1/4) of Section 30,.Township 7 South, of Range 2 West, Mount Diablo Base and Meridian 2. PURCHASE PRICE AND PAYMENT. The total price and consideration for the purchase of the herein described real property is and shall be the sum of two hundred sixty seven thousand, one hundred eighty seven, and fifty one --hundredths dollars ($267,187.50) . ' Said sum shall be deposited into escrow by DISTRICT for . distribution to SELLERS at such time as escrow may be closed and title conveyed to. DISTRICT under the terms and conditions hereinafter set forth. 3. TITLE AND POSSESSION. Title and possession of the herein described real property shall be conveyed to the DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encum- brances, easements, assessments, restrictions, rights, covenants, and conditions of record, except: a. An undivided 1/16 interest apparently acquired by Harold Charles Maridon in -the -proceedings had in the Superior Court of California, County of Santa Clara, Action No. 82406, entitled "In the matter of the Estate of Mike Virgil Maridon, deceased," wherein a Final Decree of Distribution was filed on June 3, 1974. b. Taxes for the fiscal year in- which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. c. The right of the public to use as a roadway so much of the herein described premises as may lie within' the bounds of Stevens Canyon Road. d. Any rights, interests, or easements in favor of. the public which exist, or are claimed to exist over any part of said land covered by water. 1 of 3 e. Any adverseclaim based upon the assertion or premise that the location of the course of Stevens Creek has moved. 4. COSTS. DISTRICT shall pay and satisfy all escrow, re- cording, and usual title insurance charges and fees incurred in -• this transaction. SELLERS shall, be responsible for and pay all costs of any reconveyance of Deed of Trust, full release of mortgage or any other fees or costs for legal or other services incurred in connection with the delivery of marketable title to DISTRICT. Excepted herefrora shall be any costs or expenses that may be incurred in connection with the interests of Harold Charles Maridon as excepted in paragraph 3a hereinabove. 5. COMMISSIONS. DISTRICT shall have no obligation to pay any real estate agent's commission or.other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES. SELLERS warrant that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons lawfully or unlawfully occupying the property. SELLERS further warrant and agree to hold DISTRICT. free and harmless and to reimburse DISTRICT for any and all costs, liability, loss or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property. 7. ACCEPTANCE AND TERM OF ESCROW. DISTRICT shall have thirty (30) days from the date of the execution hereof by the last of each of the SELLERS to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by • SELLERS to sell said real property to the DISTRICT for the consider- ation and under the terms and conditions herein set forth, in consideration of which the DISTRICT has paid, and the SELLERS acknow- ledge receipt of the sum of $10.00. Time being of the essence, this transaction shall close after acceptable title is placed into an escrow to be conducted by the Valley Title Company, 300 South First Street, San Jose, California, 95113, escrow number 168638-C. 8. The provisions hereof shall inure to the benefit of and bind the respective heirs, -devisees, successors, or assigns of the parties hereto. d 's • 1 •+ MIDPENINSULA REGIONAL OPEN• SPACE DISTRICT: APPROVED AS TO FORM: �� / f/�.. • f' Stanley Norton, District Counsel ACCEPTED FOR RECOMMENDATION: • L. Craig Britton Land Acquisition Manager RECOMMENDED FOR APPROVAL: Herbert Grench General Manager. APPROVED AND ACCEPTED: Barbara Green, President Board of Directors Dated: ATTEST: Clerk of the Board of Directors SELLERS: Are /7(L c' //17;Cq-c--A- Mike Maridon Date As to 'a 1/16 interest ,/ 41_ 30 (Jabhn Maridon Daie As to a 2/16 interest /27ai.4Wre rian F. Maridon Date As to a 1/16 interest te- -° 4 Felix Maridon • Date As to a 2/16 interest ' • Charles Maridon Date As to a 2/16 interest n •( 14J/ilailtitaA.-CM.VW /, Olga. Maridon Pagura Datd As to a /16 ante/rest Antone Maridon • Date As to _a.'•2/16 interest . ////// Russel J. Maridon Date As to a 1/16 interest 3 of 3 APPORTIONMENT OF $267,187.50 AWARD. * Felix Maridon 2/16 $35,625.00 Charles Maridon 2/16 35,625.00 Olga Maridon Pagura 4/16 71,250.00 Antone Maridon 2/16 35,625.00 Mike Maridon - 1/16 17,812.50 John Maridon 2/16 35,625.00 Brian ' . Maridon and as joint tenants 2/16 35,625.00 Russel J. Marido TOTAL 15/16 $267,187.50* * The above sums may be reduced by the amounts of any liens, judgements, attachments, or costs of any reconveyance of Deed of Trust, full release of Mortgage, or any other fees or costs for legal or other services incurred in connection with the delivery of • marketable title to the DISTRICT, in accordance with paragraph 4 of the subject agreement. • (The above is provided only for information and is not a part of the Agreement to Purchase Real Property.)