HomeMy Public PortalAboutResolution - 80-35- 19800709 - Bell Property ManzanitaRESOLUTION NO. 80-35
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING EXERCISE OF OPTION 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. (MANZANITA RIDGE OPEN
SPACE PRESERVE - BELL 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 option agreement between Karl Bell, a single man
and the Midpeninsula Regional Open Space District dated April 23,
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 of option 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 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.
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RESOLUTION NO. 80-35
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on
July 9 , 1980
at a regular/ 61 meeting thereof, by the following vote:
AYES: Katherine Duffy, Barbara Green, Edward Shelley, Nonette Hankor
Harry Turner, and Richard Bishop.
NOES: None.
ABSTENTIONS: None.
ABSENT: Daniel Wendin
ATTEST: APPROVED:
Secretary, Board of Directors President, Board of Directors
1, the District Clerk/RODINUX/AXtXiXtXga 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 vote.
Dist ct Clerk
,
i It
AGREEMENT TO PURCHASE REAL PROPERTY
AGREEMENT TO PURCHASE REAL PROPERTY BY AND BETWEEN KARL BELL,
a single man, hereinafter called "SELLER", and the MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT".
1. PURCHASED. PROPERTY. SELLER agrees to sell to DISTRICT,
and DISTRICT agrees to purchase from SELLER, SELLER'S REAL property
located in the County of Santa Clara, State of California, consisting
of some eighty-two and sixty-six one -hundredths (82.66) acres, more
or less, and commonly referred to as all of Santa Clara Assessor's •
parcel numbers 537-13-7, and more specifically known and described as:
All that certain parcel of land situated in. the
Town of Los Gatos,. County of Santa Clara, State
of California, described as follows:
LOTS 3 and 6 of Section 26, Township 8,
Range 1 :•hest, Mount Diablo Meridian, as
numbered and designated upon the Official
Plat of the Survey of said lands made by
the Government of the United States of
America.
Together with all easements, rights of way, and
any other rights of use which may be appurtenant
or attributable to the aforesaid land.
2. PURCHASE PRICE AND PAYMENT. The total One Hundred Forty-
eight Thousand Eight Hundred and No/100 Dollars ($148,800.00), payable
as follows:
a. Forty-three Thousand, Eight Hundred and No/100
Dollars ($43,800.00) as the down payment, payable
at the close of escrow.
b. The remaining balance of One Hundred Five Thousand
and No/100 Dollars ($105,000.00) shall be carried'
by the SELLER 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
Ten Thousand Five Hundred and No/100 Dollars (10,500.00)
plus accrued interest at the rate of eight per cent
(8%) per annum on the unpaid balance.
3. TITLE AND POSSESSION. Title and possession of the subject
property shall be conveyed to the DISTRICT at the close of escrow by
Grant Deed, free and clear of all liens encumbrances easements,
assessments, leases recorded or unrecorded, restrictions,. rights and
conditions of record except:
• r
•
1
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. Covenants, conditions, restrictions and reservations
of record, if any.
c. .Easements or rights of way over said land for utility,
street, or access pruposes, if any.
d. The Deed of Trust as aforementioned.
•
4. COSTS. SELLER shall pay all escrow, recording and normal
title insurance a charges incurred in this transaction. SELLER shall
be responsible for and pay all costs of any reconveyance of Deed of
Trust, full release of mortgage, or any legal costs or fees incurred
in order to deliver marketable title to the DISTRICT.
5. COMMISSIONS. SELLER shall be responsible for and pay the
real estate sales commission in the amount of 6% of the full purchase
price for a total of $8,928,00 to Little Village Real Estate, Inc.
The DISTRICT shall have no obligation to pay any real estate agent's
commission or other related fees in connection with this transaction.
6. LEASES OR OCCUPANCY OF PREMISES. SELLER warrants that there
are no oral or written leases or rental agreements affecting all or
any portion'of the subject property, or persons lawfully or unlawfully
occupying the property. SELLER further warrants and agrees to hold
the 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. The DISTRICT shall have
ninety (90) days from and after the execution hereof by the SELLER
to accept and execute this agreement, and during said period, this
contract shall constitute an irrevocable offer by the SELLER to enter
into a contract with the DISTRICT on the terms and conditions set
forth herein; in consideration of which the DISTRICT has paid, and
the SELLER acknowledges receipt of the sum of $10.00. This trans-
action shall close within thirty (30) days after the DISTRICT'S
execution hereof as above mentioned, through an escrow with Valley.
Title Company, 300 South First S.treet,..San Jose, California_ 95157_.
Escrow n 175410.. , :
w •.
L. Cr- g Britton
Land •cquisition Manager
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: •
ED AS TO FORM:
ton, District Counsel
PTE. OR RECOMMENDATION:
RECOMMENDED FOR APPROVAL:
,eder
Herbert Grench
General Manager
APPROVED AND ACCEPTED:
Barbara Green, President
Board of Directors
Dated:
ATTEST:
Clerk of the Board of Directors
SELLER:
\,‘ )
� \
Karl Bell\
Dated:
34c,
LITTLE VILLAGE REAL ESTATE:
By:
Dated:
CERTIFICATE OF ACCEPTANCE
(GOVERNMENT CODE SEC. 27281) .
This is to certify that the interest in real property
conveyed by the foregoing deed, grant or other instrument
dated
1980 , from KARL BELL, a single man
to the Midpeninsula Regional
Open Space District, a;.public district, is hereby accepted
by the undersigned on behalf of the District pursuant to
authority conferred by resolution of the Board of Directors
of the Midpeninsula Regional Open Space District bearing No. 80-35,
adopted on July 9 1980, and the grantee consents
to recordation thereof.
Dated 'July 9
ATTEST:
19 80
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By
Barbara Green, President
Board of Directors
District Clerk '