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Home My Public Portal AboutResolution - 80-30- 19800625 - MindlingRESOLUTION NO. 80-30 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, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GIFT DEED TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE-MINDLING-HARRISON 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 Rodney L. Mindling and W. H. Harrison_ and the Midpeninsula Regional Open Space District dated June 12, 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 for the Grant Deed conveying title to the property being acquired by District. Section Three. The President of the Board of other appropriate officer is authorized to execute a certificate of acceptance for the Gift Deed conveying title to the property being given to District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance of purchase agreement to 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 Five. 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. 80-30 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 25 , 19 80 at a regular/wool-etx 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: Secretary, Board of Directors President, Board of Directors pro tempore) I, the District Clerk/OasprartyxDistxlictiocfaxorkKof 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. Dis A.14. 4;ced-, ict Clerk • PURCHASE AGREEMENT • THIS AGREEMENT, is made and enteredinto this day of , 1980 by and between RODNEY L. MINDLING and W.H. HARRISO: hereinafter referred to as "SELLERS' and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter referred to'as "DISTRICT. WITNESSETH.: RECITALS: (A) SELLERS are. the owners of certain real property located within an unincorporated area of the County of Santa Clara, -State of California, described as .Lot 9 of Section 28 in Township 8. South, Range 1 West, Mount Diablo Base and Meridian, containing forty and eighty one one -hundreths (40.81) acres, more or less, and herein designated as Parcel 1. (B) SELLERS are also the owners of certain other real property located within an unincorporated area of the County of Santa Clara, State of California; described as the West ; of the Northwest � of Section 34 in Township 8 South, Range I West, Mount Diablo Base and Meridian, containing eighty (80) acres, more or less,,and herein designated as Parcel 2. (C) DISTRICT desires to purchase and SELLERS desire to sell Parcel T of their said real property to DISTRICT, for the monetary - consideration and under the terms and conditions hereinafter set forth. - (D) SELLERS, out of their desire to promote the public•welfare, and to share the natural scenic beauty and the enjoyment of their property with the citizens of the Midpeninsula area wish to give and convey to DISTRICT, and DISTRICT wishes to accept and receive, without consideration, Parcel 2 of said real property. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as . follows : 1. PURCHASED PROPERTY. Upon the terms and under the conditions herein set forth, SELLERS agree to sell and convey Parcel 1 as aforesaid, and DISTRICT agrees to purchase said Parcel 1.from SELLERS. In_addition, SELLERS agree to give and convey Parcel 2, as aforesaid without consideration, and DISTRICT agrees to accept ownership of' said Parcel 2. 2. for the the sum payable • Together with easements, rights of way, and any other rights of use which may be appurtenant or attributable to the aforesaid lands. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price aforesaid real property designated as Parcel 1 is and shall be of ONE HUNDRED TWENTY THOUSAND AND No/100 DOLLARS.. ($120, 000.00) as follows: fdli` • ( ..`_ _ ,,'` a. The sit of THIRTY FIVE THOUSAND _aND NO/100 DOLLARS ($35, 000.00) as the down payment, payable at the. close of escrow. • b. The remaining balance of EIGHTY FIVE THOUSAND AND NO/100 DOLLARS ($85,000.00) shall be carried . by . SELLERS in the form of a promissory note, secured by a Deed of Trust, for a term of ten (10) years, payable .in ten (10) equal annual installments (on the anniversary date of the close of escrow) , of. EIGHT THOUSAND FIVE HUNDRED AND NO/100 . - DOLLARS ($8,500.00) plus accrued interest at the. rate of six percent . ( 6 a) per annum .computed on.. the unpaid balance. 3. TITLE AND POSSESSION. Title and possession of the -herein. described real property designated as Parcel 1 shall be conveyed to . DISTRICT at .the . close. of escrow by a Grant Deed, and Parcel 2 by a - Gift Deed, both parcels to be free and clear -of all liens, encumbrances easements, assessments, restrictions; rights, covenants,- and conditions of record, except: a. 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. b. DISTRICT shall accept the property subject to an easement and right-of-way in favor -of Pacific Gas and Electric Company contained in a Final Order .of the Condemnation had in Case No. 214,503 - in the Superior Court of the State of California, 'in and for the County of Santa 'Clara, a certified copy of which was recorded.February 19, 1970, in.Book.8833, Page 420, of Official Records. It is agreed that at the same time SELLERS will deliver into escrow, with the conveyance of Parcel 1, the instrument to convey • -Parcel 2 to DISTRICT as herein set forth. 4. USE OF PROPERTY. -It is expressly understood and agreed that both Parcels 1 and 2 to be conveyed to DISTRICT, shall in perpetuity be used only and exclusively for open space and • recreation purposes for the benefit and enjoyment of the general public.' DISTRICT may at its option exchange, convey, or assign any - density or development rights which.may be attributed to the aforesaid parcels to other holdings or ownerships as,such trans -- _action may accrue to DISTRICT'S benefit but in no event is any such benefit to accrue to any other entity than the District. 5. COSTS. DISTRICT shall pay and satisfy all escrow, recording 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. 6. 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. • .. • 7. 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 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 being • acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et -seq.. of the California Government Code.) • 8. ACCEPTANCE AND TERM OF ESCROW. DISTRICT shall have thirty (30) days from the date of the execution hereof by the last of the - SELLERS, to acceptand execute this agreement, and during said period this -instrument shall constitute an irrevocable offer by SELLERS to sell and to convey the aforesaid real property to DISTRICT for the consideration and under the terms and conditions herein set forth, in consideration of. which DISTRICT has paid, and SELLERS acknowledge - receipt of the sum of $10.00. Time being of the essence, this trans— action'shall close as soon as practicable after documents evidencing -acceptable title are.deposited in escrow,_(No.. 175412) to be conducted by the Valley Title Company, 300 South,&reet, San Jose, California,_ 95113, and in no event later than 45 days_ after this agreement is executed on behalf of DISTRICT. .9. ' The provisions hereof shall accrue to the benefit of. and bind the respective heirs, devisees, successors,. or assigns of the parties -hereto. • • • -3of4 • MIDPENINSULA REGIONAL OPEN SPACE DISTRICT:. - APPROVED AS TO FORM: Stanley NOE toh, District Counsel ACCEPTED F . RECOMMENDATION: I,. Crai ' Britton Land Acquisition Manager r.• RECO4KMENDED FOR .APPROVAL 7 . j Herbert Grench General,. Manager APPROVED AND ACCEPTED: Barbara Green, President Board of Directors Dated: ATTEST: Clerk of the Board of Directors _• 14. of 4 • SELLERS: iLtit:. lZ, 1c DATE W. H. HARRISON. iVc4G.Mc 11; DATE •