HomeMy Public PortalAboutResolution - 80-36- 19800709 - Stevens Creek ShorelineRESOLUTION NO. 80-36
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 (STEVENS CREEK
SHORELINE NATURE STUDY AREA)
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 con-
tained in the attached purchase agreement between Peninsula
Open Space Trust and the Midpeninsula Regional Open Space
District, dated July 2, 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 appro-
priate 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
authorized to expend up to $5,000 to cover the cost of title
insurance, escrow fees, and other miscellaneous costs related
to this transaction.
Section Five. As planned, the source of the funds for this
acquisition shall be the restricted reserve created by Resolution
No. 78-15 at the -meeting of June 28, 1978 and modified by Resolution
80-26 at the meeting of June 11, 1980 approving the preliminary
budget for fiscal year 1980-1981, and the reserve (s) created by
said Resolutions shall be diminished accordingly.
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RESOLUTION NO. 80-36
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on
July 9
1980
at a regularApi a meeting thereof, by the following vote:
AYES: Katherine Duffy, Barbara Green, Edward Shelley, Nonette Hanko,
Harry Turner, and Richard Bishop.
NOES: None.
ABSTENTIONS : None.
ABSENT: Daniel Wendin.
ATTEST: APPROVED:
Secretary, Board of Directors
Pre ident Board of Directors
r
I, the District ClerkANgatiCanEXXIMIXX1M4010Cof 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
PURCHASE AGREEMENT
THIS AGREEMENT, made and entered into this day.
of ,1980, by and between the MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT, a public district, hereinafter
referred to as "DISTRICT" , and PENINSULA OPEN SPACE TRUST,
a non-profit corporation of California, hereinafter referred
to as "TRUST"
W I T N E S SETH :
WHEREAS, TRUST was organized as a non-profit, charitable
corporation to -solicit, receive and hold gifts, legacies, devises
and conveyances of real and personal property for public park,
conservation and open space purposes, all in a manner complementary
to activities of DISTRICT, and
WHEREAS, the property, assets, profits and net income of
the TRUST are irrevocably dedicated to said purposes and no part of
the profits or net income of TRUST shall ever inure to the benefit
of any director, officer, or member thereof or to the benefit of
any individual, and
WHEREAS, TRUST is the owner of certain real property
which has natural heauty, open space and recreational value, and
ecological significance, and •
WHEREAS, DISTRICT desires to purchase said property both
as open space and as part of the recreational, ecological and
aesthetic resources of the Midpeninsula area, and
WHEREAS, TRUST, out of desire to promote public welfare,
and share the natural and scenic beauty and enjoyment of their
property with the citizens of the Midpeninsula area, hereby
agrees to make a gift of a portion of said real property upon
the conditions and for the considerations set forth herein.
NOW, therefore, it is mutually understood and agreed
as follows:
1. PURCHASED PROPERTY. TRUST agrees to transfer to
DISTRICT, and DISTRICT agrees to acquire from TRUST, on the
terms and conditions contained herein, TRUST's real property
located in the County of Santa Clara, State. of California, con-
sisting of fifty three and seventy four one hundreths (53.74)
more or less, and commonly referred to as Santa Clara County
Assessor's Parcel No. 15-36-041, and more specifically known
and described in Exhibit "A" as attached hereto and incorporated
herein by this reference.
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2. PURCHASE PRICE AND PAYMENT. The total purchase
price for the aforesaid real property is and shall be the
sum of TWO HUNDRED EIGHT THOUSAND AND NO/100 DOLLARS ($208,000).
Said sum shall be deposited into escrow by DISTRICT for dis-
bursement to TRUST at such time as escrow may be closed and
title conveyed to DISTRICT.
3. TITLE AND POSSESSION. Title and possession of
the subject property shall be conveyed to DISTRICT at the close
of escrow by Quitclaim Deed. DISTRICT acknowledges that title
to said purchased property will be subject to the following
title exceptions:
a. Taxes, if any, for the fiscal year in which the
escrow closes shall be cleared and paid for in
the manner required by Section 4986 of the Revenue
and Taxation Code.
b. Such covenants, conditions,.restrictions, and
reservations presently of record, and such other
covenants, conditions, restrictions, and reserva-
tions as may be deemed acceptable by DISTRICT.
c. The possible validity of the claim that rights and
easements for commerce, navigation and fishery
in favor of the United States of America exists
in any portion of said land which now or heretofore
lay below the elevation of mean higher high water.
d. An easement affecting the portion of said land in
favor of: Pacific Gas and Electric Company as
recorded: June 25, 1929 in Book 468 Page 447,
Official Records.
e. As easement affecting the portion of said land
in favor of: Pacific Gas and Electric Company
as recorded: May 8, 1931 in Book 569 Page 126
Official Records.
f. An easement affecting the portion of said land
in favor of: Sierra & San Francisco Power Company
as recorded: June 9, 1933 in Book 650 Page 391
Official Records.
g.
An easement affecting the portion of said land
in favor of: Pacific Gas and Electric Company
as recorded: August 12, 1940 in Book 993 Page 514
Official Records.
h. An easement affecting the portion of said land in
favor of: pacific Gas and Electric Company as
recorded: December 3, 1941 in Book 1071 Page 235
Official Records.
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i. An easement affecting the portion of said land in
favor of: United States of America as recorded:
October 1, 1956 in Book 3619 Page 191 Official
Records.
j. An easement affecting the portion of said land
in favor of: City of Mountain View as recorded:
September 30, 1966 in Book 7522 Page 107 Official
Records.
4. WAIVER OF STATUTORY COMPENSATION. TRUST and DISTRICT
understand and agree that TRUST may be entitled to receive the
fair market value of the property described in Exhibit "A", as
provided for by the Federal Uniform Relocation Assistance and
Real Property Acquisition Act of 1970 (Public Law 91-646) and
California Government Code Section 7267, and following, as
determined by an appraisal obtained by DISTRICT; TRUST acknowledges
that it has obtained and familiarized itself with the applicable
Federal Law and California Government Code Sections and further
understands thatan appraisal has been made of said property that
is in excess of the purchase price being paid hereunder, and hereby
waives all existing and/or future rights it may have to the fair
market value of said property, appraisals, etc., as provided by
said Federal Law and California Government Code Sections.
5. COSTS. DISTRICT shall pay and satisfy all escrow,
recording and usual title insurance charges and fees incurred
in this transaction.
6. COMMISSIONS. There shall be no real estate agent's
commission or related costs or fees incurred or paid by either
party hereto, in connection with this transaction.
7. ACCEPTANCE AND TERM OF ESCROW. DISTRICT shall have
thirty -(30) days from and after the date of execution of this
agreement by TRUST to accept and execute this agreement, and during
said period this instrument shall constitute an irrevocable offer
by TRUST to enter into a contract with DISTRICT on the terms and
conditions set forth herein; in consideration of which DISTRICT.
has paid and TRUST acknowledges receipt of the sum of ten and
no/100 dollars ($10.00). In the event DISTRICT does not deliver
to TRUST a signed copy of this agreement within said thirty (30)
day period, this agreement shall be automatically terminatedand
of no further force and effect.
This transaction shall close within thirty (30) days
after approval and acceptance of this contract by DISTRICT through
Escrow No. SJ-394173 conducted by Title Insurance and Trust, 110
West Taylor Avenue, San Jose, California 95110.
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9. The provisions hereof shall accrue to the
benefit of and bind the respective successors and assigns
of the parties hereto.
MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST
SPACE DISTRICT
APPROVED AS TO FORM:
Stanley' Norton, Legal Counsel
ED FOR APPROVAL:
L. C - ig Britton
Assistant General Manager
APPROVED AND ACCEPTED:
Barbara Green, President
Board of Directors
ATTEST:
District Clerk
Dated:
By:
Robert R. Augur - r
Executive Dir ctor
Dated:
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All that certain real property situate in the County of
Santa Clara, State of California, described as follows:
Beginning at the Southeasterly corner of that certain parcel of
land described as Parcel Three in the deed from Leslie Salt Co.,
a Deleware corporation, to Santa Clara County Flood Control and
Water Conservation District, recorded March 14,.1960, in Book
4727 of Official Records, at page 168, Santa Clara County Records;
thence leaving said Point of Beginning along the Easterly line of
said parcel the following curses and distances: North 6°54'3"
East, 661.21 feet; South 83 05' 27" East, 55.00 feet; North 6 54'
33" East, 586.44 feet; along a tangent curve to the left with a
radius of 1175.00 feet through a central angle of 11 25' 00"
for an arc length of 234.13 feet and North 40 30' 27" West, 360.85
feet; thence leaving said Easterly line South 72° 55' 02" East,
666.80 feet; and South 72° 31' 00" East, 1043.67 feet to a point
on the Northwesterly line of that certain parcel of land described
as Parcel 23-A in the Final Judgment entered on September 24, 1956
in the District Court of the United States in and for the Northern
District of California Southern Division, in that certain action
entitled "The United States of America, Plaintiff vs. Vernon G.
Holthouse, et al, Defendants", Case No. 31073, a certified copy
of which judgment was filed for record on October 1, 1956, in
Book 3619 of Official Records, at page 191, Santa Clam County
Records; thence along.said Northwesterly line South 67 44' 59"
West, 763.74 feet to an angle corner therein: thence along the
Westerly line of said Parcel 23-A South 0° 11' 29" West, 1859.20
feet to the Southwesterly corner thereof on the Northeasterly
line of that certain 95.77 acre parcel of land described as
Parcel One in the deed from Leslie Salt Co., a Deleware Cor-
poration, to Manuel Medina and Florinda Neto, recorded October 1,.
1945, in Book 1283 of Official Records, at Page 535, Santa Clara
County Records; thence along said Northeasterly line North 770
19' 11" West, 748.51 feet to the Southeasterly corner of that
certain parcel of land described as Parcel One in the deed from .
Investment Lands Incorporated to A.R. Anderson, et al, recorded
April 6, 1961 in Book 5126 of Official Records, at page 373,
Santa Clara County Records; thence leaving said Southeasterly
corner along the Easterly, line of said parcel North 17 09' 44"
East, 568.10 feet to, the Northeasterly corner thereof; thence
leaving said Northeasterly corner along the Northerly line of
last said parcel North 76 53' 56" West, 552.75 feet to.the Point
of Beginning.
Said parcel contains 53.737 acres, more or less.
TOGETHER WITH the easement rights appurtenant to said property
as contained in the documents recorded in the official records
of Santa Clara County in Book 1283 Official Records at page 535,
Book 4727 Official Records at page 168, and Book 5331 Official
Records at page 167.
EXHIBIT
Page • f of
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
Peninsula Open Space
'Trust, a non-profit corporation of California
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. $0_36,
adopted on July 9, 1980 , and the grantee consents
to recordation thereof.
Dated July 9 r 19 80 .
ATTEST:
MIDYENINSULA REGIONAL OPEN SPACE DISTRICT
BY eakA44.4 /14-1- 1
District Clerk