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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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. • f' 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. 2 of 4 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. 3 of 4 4 I. • r 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: • I) M 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