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Home My Public Portal AboutResolution - 80-40- 19801008 - Hassler Property PulgasRESOLUTION NO. 80-40 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING OF OFFER TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE AN OFFER TO PURCHASE AGREEMENT AND AUTHORIZING GENERAL MANAGER TO CAUSE TO GIVE APPROPRIATE NOTICE TO OFFEREE (HASSLER HEALTH HOME 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 approve that certain offer to purchase real property from the City and County of San Francisco as contained in the Offer to Purchase Agreement, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute said Offer to Purchase Agreement on behalf of the District. Section Two. The General Manager of the District shall cause said Offer to Purchase Agreement to be delivered to the offeree to be acted on within the time provided therein. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. Section Three. The General Manager of the District is authorized to expend up to $5,000 to cover miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 80-40 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on October 8 , 19 80 at a regular/§ilidigXXX meeting thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Edward Shelley, and Richard Bishop. NOES: None. ABSTENTIONS: None. ABSENT: Barbara Green, Nonette Hanko, and Harry Turner. ATTEST: APPROVED: Secretary, Board of Directors (Pro Temp) 4^/' Vice President, Board of Directors I, the District Clerk/NNOUXPEMaX-X)MXX2kWRKof 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 CITY AND COUNTY OF SAN FRANCISCO REAL ESTATE DEPARTMENT OFFER TO PURCHASE The undersigned hereby offers to purchase the following real property upon the terms and conditions of purchase hereinafter set forth: BEING more particularly described in preliminary title report #451006, as amended, from Title Insurance and Trust,. dated August 23, 1979 and labelled Exhibit "A" as attached hereto and incorporated herein by this reference. TOGETHER WITH a right of way 40 feet in width across the adjacent water department lands commonly identified as San Mateo County Assessor's parcels 093-150-010 and -020, along the presently travelled road. ALSO TOGETHER WITH an assignment of the rights to exercise an option to purchase 40,000 gallons per day of sewage capacity from the South Bay Side System Authority,of the 50,000 gallons per day currently allocated to the City. RESERVING unto the City Water Department that certain aqueduct tunnel easement as described in Note 3 of said preliminary Herewith is the required deposit in the in connection with my offer to purchase the sum of $2,240,000.00. The undersigned agrees to pay the balance of the purchase price title rt.port. amount of $10,000.00 said property for within' 60 days after confirmation of the sale by City's Board of Supervisors. It is understood that the City shall record said deed when the balance is paid. The undersigned agrees to pay the cost of recording and any documentary stamp. You are requested to deed said property from the City to Midpeninsula Regional Open Space District, a public Distict. and close the transaction through Title Insurance and_Trust, 333 Marshall Street, Redwood City, California 94062. TERMS OF SALE 1. It is understood that this offer to purchase vests no right, title, interest or equity in or to said real property unless and until this sale has been approved by the Board of Supervisors in the manner provided by law and a deed has been duly executed and delivered. 2. It is further understood that the right, title and interest in the property to be transferred by sale shall not exceed that vested in the City and that no policy of title insurance shall be furnished by the City in connection with this transaction. It is the buyer's responsibi- lity to pay escrow fees, if applicable, and to obtain a policy of title insurance, if desired. 3. Upon receipt of the full purchase price of $2,240,000 and confirma- tion of the sale by the City's Board of Supervisors, the City will issue Page 1 of 2 deed conveying the right, title and interest of the City in and to the said real property, subject to any restrictions, reservations and ease- ments of record. 4. The City does not guarantee the condition of the property, nor does it assume any responsibility for the conformance to codes or permit regula- tions of the City and/or County in which the property is located. It is the buyer's responsibility to determine all building, planning and zoning regulations relative to the property and the uses to which it can be put. The property will be sold on an "asis" basis. 5. In the event this offer is not accepted by the City's Board of Super- visors, any payment will be refunded in full without payment of interest. 6. In the event buyer fails to pay the balance due in the time specified above,time being of the essence, buyer shall forfeit all rights, includ- ing the right to the above deposit which shall be retained by Cityas liquidated damages to offset damages sustained by City as a direct and proximate result of buyer's failure to pay said balance, and all right, title and interest in said real property shall continue to remain vested in the name of City free of any claim or equity of buyer or those claiming through him. 7. It is expressly made a condition herein that if the District sells fee title to said property, or any portion thereof, except for another public purpose or use for which the power of condemnation would be available, within ten (10) years from the date of recordation of the deed conveying said property, the District will retain that amount or propor- tional amount paid to City and County of San Francisco for the purchase of said property together with an amount for appreciation for the time period from the date of purchase. The appreciation shall be measured by the average annual rate of return District has received for the investment of its cash funds for each year, up to and including the year of sale, multiplied by the purchase price (p)mportional) paid to the City and County of San Francisco, with each successive year compounding at the previous year or years accumulation. Any amount received by District over the proportional purchase price, plus the accumulated interest described above, shall be paid to the City and County of San Francisco as its share of any subsequent sale. Dated Telephone Signed Midpeninsula Regional Open ''Space Distr,,.ct By Vice -President, Boa d .of Directors Address 375 Distel Circle, Suite D-1 Page 2 of 2 Los Altos, CA 94022 i0 523 P 050-047-470-06 to MID —PENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL DRIVE LOS ALTOS, CALIFORNIA 94022 ATTENTION: PAT STARRETT TITLE INSURANCE AND TRUST AMENDED IMPORTANT When replying refer to Our No. /151006 Your No. SAN MATEO COUNTY OFFICE 333 MARSHALL STREET REDWOOD CITY, CALIFORNIA 94063 415 366-9551 PLEASE ADDRESS ALL CORRESPONDENCE TO: YOUR ESCROW OFFICER IN O BELOW. ❑ 333 Marshall Street Redwood City (415) 366-9551 ❑ 1111 South El Camino Real San Mateo (415) 349-1604 ❑ 323 - 89th Street Daly City (415) 756-8500 ❑ 1182 Chestnut Street Menlo Park (415) 323-6101 ❑ 1776 El Camino Real San Bruno (415) 583-3991 ❑ 565 Pilgrim Drive Foster City (415) 574-5357 In response to the above referencedapplication. for a policy of title insurance, Title Insurance and Trust Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Associa- tion Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested. Dated as of AUGUST 23 , 19 79 , at 7:30 a.m. SID AMES Title Officer The estate or interest in the land herinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in: CITY AND COUNTY OF SAN FRANCISCO, A MUNICIPAL CORPORATION At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions con- tained in said policy form would be as follows: "SEE ATTACHED" EX -H1BIT A A TICOR COMPANY PAGE 2 --- 451006 1. TAXES FOR THE FISCAL YEAR 1979-80, A LIEN, NOT YET DUE OR PAYABLE, INCLUDING PERSONAL PROPERTY TAXES, IF ANY, AMOUNT NOT ASCERTAINABLE. 2. AN EASEMENT OVER THE HEREIN DESCRIBED PROPERTY: IN FAVOR OF : COUNTY OF SAN MATEO FOR : WATER TANKS AND PIPE LINES RECORDED : JUNE 7, 1944 . BOOK 1128 OFFICIAL RECORDS, PAGE 2 INSTRUMENT NO. 15338-F AFFECTS A PORTION OF PARCEL ONE. -3. REVOCABLE PERMIT FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A FOUR INCH (4") WATER PIPE ACROSS A PORTION OF PARCEL ONE HEREIN AS GRANTED BY SAN FRANCISCO WATER DEPARTMENT TO THE COUNTY OF SAN MATEO, DATED SEPTEMBER 25, 1944 AND RECORDED OCTOBER 4, 1944 IN BOOK 1147 OFFICIAL RECORDS, PAGE 84 INSTRUMENT NO. 27636-F. 4. AN EASEMENT OVER THE HEREIN DESCRIBED PROPERTY: IN FAVOR OF COUNTY OF SAN MATEO FOR : ROAD PURPOSES (EDGEWOOD ROAD) RECORDED : MAY 19, 1949 BOOK 1665 OFFICIAL RECORDS, PAGE 194 INSTRUMENT NO. 91043-H AFFECTS THE SOUTHERLY PORTION OF PARCEL ONE. 5. - LACK OF ACCESS TO STATE FREEWAY (ROUTE 280) EXCEPT OVER AND ACROSS THE TWO COURSES DESCRIBED IN PARCEL 1-B THEREIN AS HAVING A LENGTH OF 165.23 FEET AND 125.72 FEET, AS SET FORTH IN FINAL ORDER OF CONDEMNATION ISSUED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO, CASE NO. 157869, ENTITLED "THE PEOPLE OF THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, PLAINTIFF, VS. CITY AND COUNTY OF SAN FRANCISCO, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS", RECORDED OCTOBER 17, 1972 IN BOOK 6252 OFFICIAL RECORDS, PAGE 550 (68435 -AF). EXHIBIT A , -- Page ? of,: ') - t 1 PAGE 3 --- 451006 • NOTE 1: COUNTY TAXES FOR THE FISCAL YEAR 1978-1979, PAID, AS FOLLOWS: FIRST INSTALLMENT : $1,827.72 SECOND INSTALLMENT $1,827.72 CODE NO. 72-041 TAX BILL PARCEL NO. 050-470-080 AFFECTS PARCEL ONE. FIRST INSTALLMENT .: $59.20 SECOND INSTALLMENT : $59.20 CODE NO. 73-006 TAX BILL PARCEL NO. 050-470-070 AFFECTS PARCEL TWO. TOGETHER WITH SUCH ADDITIONAL AMOUNTS WHICH MAY BE ASSESSED BY REASON OF: A) IMPROVEMENTS ADDED SUBSEQUENT TO MARCH 1, 1975; 8) CHANGES OF OWNERSHIP OCCURRING SUBSEQUENT TO MARCH 1, 1975; C) ANY FINAL JUDGMENT DETERMINING THAT CONSTITUTIONAL ARTICLE XIII-A HAS BEEN APPLIED IMPROPERLY; D) REAPPRAISAL OF PROPERTY VALUES AS OF MARCH 1, 1975. NOTE 2: TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF. NOTE 3: A, RIGHT OF WAY EASEMENT 60 FEET IN WIDTH ACROSS THE NORTHERLY PORTION OF PARCEL ONE DESCRIBED HEREIN FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN AQUEDUCT TUNNEL WAS CREATED BY GRANTS FROM ALLIS-CHALMERS MANUFACTURING COMPANY, A CORPORATION, TO THE CITY AND COUNTY OF SAN FRANCISCO, RECORDED JULY 20, 1922 IN BOOK 46 OFFICIAL RECORDS, PAGE 213 (94246), AND RECORDED SEPTEMBER 29, 1922 IN BOOK 53 OFFICIAL RECORDS, PAGE 179 (96800). SAID EASEMENT SUBSEQUENTLY MERGED WITH THE FEE TITLE OF SAID PARCEL ONE. IN ORDER TO PRESERVE SAID AQUEDUCT TUNNEL EASEMENT, A PROPER RESERVATION SHOULD BE MADE IN ANY DEED OF CONVEYANCE. SA/CM_ 4 C APPL. 8/27/79 EXH1B1T, A - Page 3 of.2... Schedule C The kind referred to herein is described as follows: • ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF SAN MATEO, DESCRIBED AS FOLLOWS: PARCEL ONE: BEGINNING at a point in the boundary between lands of Allis-- • Chalmers Manufacturing Company and lands now or formerly of Mary B. Brittan, distant along said boundary, North 41 degrees 55 minutes Vest 1950 feet from an iron pipe monument at a fence corner, marked by an old stale scribed "B -VIII", which pipe marks the most southerly corner of 'said lands of Mary B. Brittan and a corner co=on to lands of Ellis -Chalmers Manufacturing Company and lands of City and County of San Francisco. Said Point of beginning is the most northerly corner of that certain tract of land containing 58.5b acres, more or less, conveyed to City and County of San Francisco by Allis-Chalmers )anufacturing Company, by deed dated June 29, 1922, end recorded September 29, 1922, in Book 53 of Official records, page 179, San Mateo County records. Thence along the northwesterly boundary of said 58.56 acre tract, South 43 degrees 05 minutes Vest 550 : c, t; thence along the south: - westerly boundary of said 58.56 acre tract, South.61 degrees 59 minutes 40 seconds East 1000 feet to a corner in said boundary; thence continuing along said boundary, South 41 degrees 55 minutes East 700 feet to a corner in said boundary; thence continuing along said boundary, South 26 degrees 24 minutes 20 seconds East 597.85 feet to a point in the center lire of Whipple Road; thence leaving said boundary of said 58.56 acre tract, South ZS degrees 44 minutes 20 seconds West 57.06 feet to n.point in the south- easterly boundary of lands of Allis-Chalmers ?.anufacturing Company, which point is marked by a cross (x) chiseled in the top of the southeasterly concrete post of concrete end wall of a culvert across Cordilleras Creek, said post being located within the boundary lines of the County Road known as Whipple Road; thence running along said southeasterly boundary and continuing across said Uhipple Road, South 86 degrees 44 minutes 'pert 33.15 feet to a point in the north- erly boundary of said road; thence continuing along said southeasterly boundary as follows: South 82 degrees 00 minutes West 125 feet;. South 55 degrees 52 minutes West 238 feet to the northeasterly corner of lands belonging (r.ow or for.rierly) to Parkinson; thence along the northwesterly boundary of said lands :,c,w or for :,erly belonging to Parkinson, South 62 degrees 06 minutes Z&st 312.2 feet to a point on southerly bank of creek which point is the most easterly corner of that certain tract of land containing 10 acres, conveyed to Libby A. Scheier by Allis-Chalmers Manufacturing Company, by decd dated liay 22, 1923, and recorded June 1; 1923,- in Book 78 of Official records, P:.?e 196; San Mateo County records; thence along the boundaries of •said 10 acre tr;.ct North 53 degrees 14 minutes Uest 724.31 feet to the most northerly corner of said 10 acre tract; thence South 36 degrees 41 minutes Test 677.75 feet to the most westerly corner of said 10 acre tract; thence South 53 degrees 19 minutes East 628.55 feet to the most southerly corner of said 10 acre tract; thence leaving said 10 acre tract and running along.the southeasterly boundary of lands of Allis-Chalmers Manufacturing Company South 39 degrees 13 minutes West 76.82 feet to a point in center of creek; thence South 27 degrees 30 minutes 1.'est 330 feet to a point on southerly bank of creek.and on the -CONTINUED- EXHIBIT A -- Page 4 of, r7 ti DESCRIPTION - CONTINUED northerly line of old Whipple Mill Road; thence along said line of said old road South 31 degrees 05 minutes West 138 feet; South 66 degrees 05 minutes West 80 feet; South 53 degrees 45 minutes West 428 feet; South 52 degrees 40 minutes Test 162 feet; South 59 degrees 25 minutes West 214 feet; South 47 degrees 00 ninutes West 275 feet to an iron pipe monument on the northerly line of the Whipple Road as now travelled; thence along the line dividing the lands of Spring Valley Water Company and the lands of Allis-Chalmers Manufacturing Company, North 36 degrees 22 minutes West 3732.8 feet to an -iron pipe monument. and old post marked "B-3", thence South 56 degrees 00 minutes West 761.98 feet to an iron pipe monument and old post marked "B-2"; thence North 35 degrees 32 minutes West 291.67 feet to an iron pipe monument and old fence post marked "B-1", said point being the most westerly corner of lands of Allis-Chalmers Manufacturing Company, thence on and along the boundary fence line between the lands of Spring Valley Water Company and the lands of Allis-Chalmers Manufacturing Company. North 47 degrees 32 minutes East 1100 feet to an iron monument marking the corner cononon to the lands of Spring Valley Writer Company, J. Phelps Estate and Allis-Chalmers Manufacturing Company; thence on and along the boundary line between the lands of J. Phelps Estate and Allis-Chalmers Manufacturing Company, North 47 degrees12 minutes East 2965.8 fact to an iron pipe monument driven in corner of fence; thence along the boundary between lands now or fui.aerly of nary B. Brittan and lands of Allis-Chalmers Manufacturing Company, South 41 degrees 55 minutes East 1987.06 feet to the point of beginning. EXCEPTING THEREFROM that portion of the County Road known as Whipple Road which lies within the boundary hereinabove described, near the culvert hereinabove mentioned. - ALSO EXCEPTING THEREFROM that portion thereof described as follows: BEGINNING at an iron pipe monument and old post marked "B-3", set in the northeasterly boundary line of that certain tract of land containing 429.20 acres conveyed by Frederick R. King, et ux, to Spring Valley Water Company by deed dated December 19, 1906, and recorded in the office of the County Recorder of . San Mateo County, State of California, December 28, 1906, in Book 131 of Deeds, page 200; said monument "B-3", being also in the boundary line of that certain tract of land containing 301.60 acres conveyed by Allis- Chalmers Manufacturing Company to the City and County of San Francisco, by Deed dated )larch 12, 1924, and recorded March 27, 1924, in said Recorder's office in Book 110 of Official Records, page 143, running thence along the boundary line between said 429.20 acre tract and said 301.60 acre tract; South 56 degrees 00 minutes West 761.98 feet, to an iron pipe monument and post marked "B-2"; thence North 35 degrees 32 minutes West 291.67 feet; to an iron pipe monument and post marked "B-1", set in the southerly boundary line of that certain 972.66 acre tract conveyed to Spring Valley Water .Company by W. F. Chipman'and the Union Trust Company of San Francisco, executors of the last will of Josephine A. Phelps, deceased, dated June 4, 1918, and recorded in said Recorder's office June 6, 1918, in Book 272 of Deeds, page 356; thence along the boundary line between said 972.66 acre tract and said 301.60 acre tract North 47 degrees 32 minutes East 1100.00,feet to an iron monument; thence leaving 'said last mentioned boundary line South 19 degrees 14 minutes East 213.70 feet; thence South 12 degrees 51 minutes West 361.56 feet to the point of beginning. -CONTINUED- EXHIBIT. A Page . .5` .of 'j (411 DESCRIPTION — CONTINUED FURTHER EXCEPTING THEREFROM that portion thereof described ;-;s follows: BEGINNING at• a point in the boundary line between raid 429.20 Acre tract and said 301.60 acre tiact hereinabove referred to. Distant thereon South 36 degrees 22 minutes East 2656.27 feet, from the point of beginning of said Parcel hereinabove described, running thence North 86 degrees 36 minutes East 718.82 feet; thence South 18 degrees 59 minutes Pest 733.10 feet to said l;.st mentioned boundary line. Thence along said last mentioned boundary line North 36 degrees 22 minutes West 807.96, feet to the point of beginning. • PARCEL TWO: BEGINNING at an iron pipe monument and old post marked "8-3", set in the northeasterlyboundary line of that certain tract of land containing 429.20 acres conveyed by Frederick R. King, et ux, to Spring Valley Water Company, by Deed dated December 19, 1906 and recorded in eke .office of the County Recorder of San Mateo County, State of California, December 28, 1906, in Book 131 of• Deeds, page 200, said monument "B-3", being also in the boundary line of that certain tract of land containing 301.60 acres, conveyed bv Allis-Chalmers Manufacturing Company to the City and County of San Francisco by Deed dated )arch 12, 1924, and recorded March 27, 1924, in said Recorder's office in Book 110 of Official Records, page 143, running thence along the boundary line between said 429.20 acre tract and said 301.60 acre tract South 36 degrees 22 minutes East 2656.27. feet; thence leaving said last mentioned boundary line South 86 degrees 36 minutes West 84.72 feet; thence North 47 degrees 45 minutes West 709.18 feet; thence North 48 degrees 34 minutes 1!est 1018.77 feet; thence North 11 degrees 29. minutes West 1013.16 -feet. to -the point of beginning./ EXCEPTING from Parcels One and Two, above that portion thereof as described in final order of Condemnation filed October 17, 1972, in Case No. 157869, entitled the people of the State of California, acting by and through the Department of Public Works, Plaintiff, 'vs. City and County of San Francisco, a ?Sunicipal corporation, et al.. 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