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Home My Public Portal AboutResolution - 80-42- 19801022 - Schroeder Property RussiRESOLUTION NO. 80-42 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 (SCHROEDER PROPERTY - RUSSIAN RIDGE OPEN SPACE PRESERVE) 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 the attached purchase agreement between Hans P. Schroeder, et ux and the Midpeninsula Regional Open Space District dated October 4, 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 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 Managerof 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. 80-42 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on October 22 , 19.80 at a regular/ M meeting thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Barbara Green, Edward ' Shelley, Nonette Hanko, Harry Turner,and Richard Bishop. NOES: None. ABSTENTIONS: None. ABSENT: None.' ATTEST: APPROVED: S'cretarY• "Board of Directors President, Board of Directors I, the District ClerkADOWWIDDIWEEENEXMEIM 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. District Clerk /"` AGREEMENT TO PURCHASE REAL PROPERTY THIS AGREEMENT is made and entered into by and between HANS P. SCHROEDER and DULCY G. SCHROEDER, husband and wife, hereinafter called "SELLERS" and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, - hereinafter called "DISTRICT". 1. PURCHASED PROPERTY: SELLERS agree to sell to DISTRICT, and DISTRICT agrees.to purchase from SELLERS, SELLERS' real property located in an unincorporated area of San Mateo County, State of California, consisting of eleven and sixty one one-hundreths acres. (11.61), more or less, and commonly referred to as San Mateo County Assessor's Parcel Number 078-210-210r as described in the property description referred to in the preliminary title report No. 273868 dated July 22, 1980 from the First American Title Insurance Company, San Mateo County Division, said report being designated Exhibit "A", and as outlined in red on the map designated Exhibit "B" both of said exhibits are attached hereto and by this reference made parts hereof. Together with easements designated as Parcel II and Parcel III on said Exhibits A and B and together with any other easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands. 2. PURCHASE PRICE AND MANNER OF PAYMENT: The total purchase price shall be ONE HUNDRED EIGHTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($187,500.00),payable into escrow - at such time as'escrow may be closed and title conveyed to DISTRICT under the terms and conditions hereinafter set forth. 3. TITLE AND POSSESSION: Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, easements, assessments, covenants, restrict- ions, rights, and conditions of record except: 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. Typewritten exceptions numbered 3 through 8 listed in Exhibit "A" attached hereto. 4. COSTS: DISTRICT shall pay and satisfy all escrow, recording, and usual title insurance charges, and fees incurred in this transaction. Title insurance may be acquired at the option of the DISTRICT and in the amount thereby deemed adequate for its purposes. 1 of 3 SELLERS shall be responsible for, and pay all costs of any recon- veyance of deed of trust, full release of mortgage or any charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. COMMISSIONS: The DISTRICT shall have no obligation topayany real estate agent's commission or other related costs or fees in connection with this transaction. • 6. LEASES OR OCCUPANCY OF PREMISES: SELLERS warrant that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the property. SELLERS further warrant and agree to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, damage, or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. of the California Government Code.) 7. ACCEPTANCE AND TERM OF ESCROW: DISTRICT shall have twenty (20) days from the date of the execution hereof by the SELLERS to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by SELLERS to sell and convey the aforesaid real property to DISTRICT, for the consideration and under the terms and conditions herein set forth, in consideration of which DISTRICT has paid and SELLERS acknow- ledge receipt of the sum of ten ($10.00) dollars. Time being of the essence, this transaction shall close as soon as practicable after documents evidencing acceptable title are deposited in escrow (No. 273568) to be conducted by the First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94064 and in no event later than October 31; 1980. 8. The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, successors, or assigns of the parties herto. 2 of 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AS TO FORM: tanley orton, District Counsel ACCEPT D 1iR RECOMMENDATION: L. Crai. Britton Land Acquisition Manager RECOMMENDED FOR APPROVAL: Herbert Grench General Manager APPROVED AND ACCEPTED: $'arbara Green, President Board of Directors • Dated: ATTEST: 0.-t,� I C1I C' ✓-�/ Clerk of the Board of Directors 3 of 3 Dated: ji SELLERS': IL---- ns r` L P1. Sc roeder (r 1; jfi--.ck: (Z h c e er (5V ` .t A M E 1t / ,/ 4. Subject to a minimum charge as required by Section 12404 of the Insurance Co. -It. - PRELIMINARY REPORT First American Title Insurance Company San Mateo County Division MID PENINSULA REGIONAL OPEN SPACE - •375 DISTEL CIRCLE SUITE D-1 LOS ALTOS, CALIFORNIA Title Order No. 2 7 3 5 6 8 —JPT Customer's Reference: FORMERLY San Mateo County Title Company ESTABUSHED 1574 Refer to Order Number and Office as indicated. 555 Marshall Street 3679050 . Redwood City, Ca. 94064 1100 So. El Camino Real 341-2691 San Mateo, Ca. 94402 1001 Crane Street 323.7775 Menlo Park, Ca. 94025 777 Kains Avenue • 583-9324 San Bruno, Ca. 94066 150 Bath Street 992-4606 Daly City, Ca. 94017 100 Cabrillo Hwy. North 726-4416 Half Moon Bay, Ca. 94019 401 G Primrose Road 347-7076 Burlingame, Ca. 94010 Form of Policy Coverage Requested: 11 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 0 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to • issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, 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 encum- brance 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 In- surance, a Binder or Commitment should be requested. Dated as of JULY 22 , 1980 at 7:30 a.m. Title of said estate or interest at the date hereof Is vested in: JOSEPH P. TAYLOR ESCROW 1 TITLE OFFICER . HANS P. SCHROEDER AND DULCY G. SCHROEDER, HIS WIFE, AS JOINT TENANTS The estate or interest in.the land hereinafter described or referred to covered by this Report is: I?(1 FEE 0 LEASEHOLD At the date hereof exceptions to coverage In addition to the printed exceptions and exclusions contained in said policy form would be as follows: rrantirasigsel PAVIA 273568 Page 2. 1. General and Special Taxes for the fiscal year 1980-81, now a lien, amount not yet ascertainable. 2. General and Special Taxes for the fiscal year 1979-80, $321.64 each installment have been paid in full. Code Area: 70-5 A. P. No.: 078 210 210 Covers Parcel I. NOTE: Any general and special taxes for the fiscal year 1978-79 which may be assessed (in addition to the 1978-79 taxes previously paid) by reason of: a. Improvements added subsequent to March 1, 1975. b. Changes in ownership occuring subsequent to March 1, 1975. c. Reappraisal .of property values as of March 1, 1975. 3. EASEMENT for existing roads lying within the boundaries of property herein described. 4. RIGHT OF WAY over the herein described property, as granted in Instrument From : Robert Anderson and Gracella R. Anderson, husband and wife To : Pacific Gas and Electric Company, a corporation Dated : June 6, 1932 Recorded : July 25, 1932 File No. : 11124-C Book 571 of Official Records at page 197, Records of San Mateo County, California. Grants Right of Way for a single line of polesand wires over the Southwesterly portion. 5. AGREEMENT Between : Donald A. Williams and Nona Williams, his wife, as Joint Tenants And : Jan Hoogland and Trip Hoogland, his wife, as Joint - Tenants Dated . : August 8, 1973 Recorded : August 24, 1973 File No. 68580 -AG Book 6457 of Official Records at page 654, Records of San Mateo County, California. Wherein it is agreed; among other things, that there is in existence a roadway leading Southerly and Southwesterly from the South- easterly line of Rapley Ranch Road along or near the common boundary line and that they wish to share the use of said roadway incommon with each other for the benefit of their respective parcels. The Parcel Map herein referred to locates said easement in the Northwesterly corner of Parcel I. 6. EASEMENT over the herein described property, as granted in Instrument From : Donald Williams and Nona Williams, husband and wife To : Pacific Gas and Electric Company, a California corporation Dated : September 7, 1977 Recorded • : September 23, 1977 File No. : 76009 -AL Book 7611 of Official Records at page 161, Records of San Mateo County, California. Grants easement for poles and wires. Location not disclosed of record. and • dated recorded File No. Book 7 615 of California. 273568 Page 3. 7. AGREEMENT between : County of San Mateo, of California • Donald Williams and September 27, 1977 • September 29, 1977 77969 -AL Official Records at Said Agreement pertains a political subdivision of the State Nona Williams, his wife, as Joint Tenants page 666, Records of San Mateo County, to the construction of access roads. 8. PROPOSED 10 foot ingress and egress easement on shown on Parcel Map in Book 42 of Parcel Maps at page 55. Recorded : June 26, 1978 Affects Parcel I. 9. RESERVATION as .contained in Deed from : Donald Williams and Nona Williams, his wife to : Hans P. Schroeder and Dulcy G. Schroeder, his wife, as joint tenants dated : June 28, 1978 recorded : June 30, 1978 File No. : 86627 -AM Reel 7758 of .Official Records at image 1401, Records of San Mateo County, California. Reserves easement for ingress and egress over portion of Rapley Roadlying within the herein described property. 10. DEED OF TRUST securing payment of $500.00 Trustor : Hans P. Schroeder and Dulcy G. Schroeder Trustee : Chicago Title Insurance Company, a Missouri corporation Beneficiary: Joseph C. Lautze Recorded : June 26, 1980 Document No: 60543 -AP Book/Reel 7967 of Official Records of San Mateo County at Page/Image 2417. Beneficiary's Address -- not shown Loan No. - not shown Affects Parcels I and II. There have been no deeds recorded within the last six months prior to the date of this report, affecting the herein described property. ("m1 273.,o8 Page 4. DESCRIPTION The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: PARCEL I: Parcel C as shown on that certain map entitled "PARCEL MAP FOR A SUBDIVISION OF A PORTION OF SECTION 8, T 7 S, R 3 W, M. D. B. & M AS DESCRIBED IN VOLUME 6404, PAGE 86, OFFICIAL RECORDS OF SAN MATEO CO., SAN MATEO COUNTY, CALIFORNIA", filed in the office of the County Recorder of San Mateo County, State of California on June 26, 1978 in Book 42 of Parcel Maps at page 55. PARCEL II: AN NON-EXCLUSIVE EASEMENT for ingress and egress over the portion of said Rapley-Ranch Road lying between the Southwesterly line of Skyline Boulevard and the Northwesterly prolongationof the Southwesterly boundary of Parcel I above. Said Easement is appurtenant to Parcel I above and was created by Deed to Joseph Galantine recorded September 26, 1942 in Book 1036 of Official Records at page 229 (File N. 64608-E), Records of San Mateo County, California. PARCEL III: A NON-EXCLUSIVE EASEMENT for utility purposes together with the right of ingress and egress thereto within.a strip of land 15 feet wide, and being portion of Parcel "B" as shown on that certain map entitled "PARCEL MAP FOR A SUBDIVISION OF A PORTION OF SECTION 8, T 7 S, R 3 W, M. D. B. & M AS DESCRIBED IN VOLUME 6404, PAGE 86, OFFICIAL RECORDS OF SAN MATEO CO., SAN MATEO COUNTY, CALIFORNIA", filed in the office of the County Recorder_ of San Mateo County, State of California on June 26, 1978 in Book 42 of Parcel Maps at page 55, the Southeasterly line of said Easement being coincident with the following described line: BEGINNING at a point on the Westerly line of said Parcel "B", said point being distant thereon North 8° 53' West 26 feet from the South- easterly terminus of that certain course shown as "North 8° 53' West 224.12" on said map; thence from said point of beginning and at right angles to said last mentioned course North 81° 07' East 25 feet to the terminus of said Southerly. line of the easement herein described. Said Easement is appurtenant to Parcel I above and was created by that certain Deed recorded March 17, 1980 in Reel 7943 of Official Records at page 947 (File No. 26017 -AP), Records of San Mateo County, California. 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Schroeder, husband and wife 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. 80-42 adopted on October 22, 1980 , and the grantee consents to recordation thereof. Dated a?C144.1AU, c , 19 ;J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By ATTEST: District Clerk