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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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 '