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Home My Public Portal AboutResolution - 80-45- 19801112 - Guadalupe Rubbish ProperRESOLUTION NO. 80-45 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, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GIFT DEED 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-GUADALUPE RUBBISH DISPOSAL CO., INC. 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 purchase agreement between the Guadalupe Rubbish Disposal Co., Inc. and the Midpeninsula Regional Open Space District dated November 12, 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 for the Grant Deed conveying title to the property being acquired by District. Section Three. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Gift Deed conveying title to the property being given to District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance of purchase agreement 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 Five. 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. 80-45 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on November 12 , 19 80 at a regular/1§ 1 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: a2e"f-- 22.M:17 cretary, Board of Directors President, Board of Directors I, the District Clerk/WWWDDOWWMOOMOK 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. Distrii.ct Clerk 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 , from Guadalupe Rubbish Disposal Co., Inc. 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 No80-45 , adopted on November 12, 1980 , and the grantee consents to recordation thereof. Dated / R , ,19 - . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By ATTEST: iLvt 1-16014 District Clerk 4;C h ajL PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this day of, ,J980 by and between the GUADALUPE RUBBISH DISPOSAL CO., INC., hereinafter referred to as "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter referred to as "DISTRICT". • WITNESSETH: RECITALS: A. SELLER is the owner of certain real property located within an unincorporated area of the County of Santa Clara, State of California, containing 80 acres, more or less, and further described as Parcel One in Exhibit "A" attached hereto and by this reference made a part hereof. SELLER is also the owner of an adjoining parcel containing 160 acres, more or less, and further described as Parcel Two in attached Exhibit "A". B. SELLER is also the owner of certain other real ,property located within an unincorporated area of the County of Santa Clara, State of California, containing 80 acres, more or less, and further described as Parcel Three in attached Exhibit "A". SELLER is also the owner of an adjoining parcel containing 17.91 acres, more or less, and further described as Parcel Four in attached Exhibit "A". C. DISTRICT desires to purchase and SELLER desires to sell Parcel. One and Parcel Two, of said real property, together comprising some 240 acres, more or less, to DISTRICT, for the monetary consideration and under the terms and conditions herein- after set forth. D. SELLER, out of generosity and a desire to promote the public welfare, and to share the natural scenic beauty and the enjoyment of its property with the citizens of the Midpenin- sula area wishes to give and convey to DISTRICT, and DISTRICT wishes to accept and receive without consideration, Parcel Three and Parcel Four of said real property, together comprising some 97.91 acres, more or less. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. PROPERTY TO BE CONVEYED: Upon the terms and under the conditions herein set forth, SELLER agrees to sell and convey Parcel One and Parcel Two, as aforesaid, and DISTRICT agrees to purchase said Parcel One and Parcel Two from SELLER. In addition, SELLER agrees to give and convey Parcel 1 of 4 Three and Parcel Four, as aforesaid without consideration, and DISTRICT agrees to accept ownership of said Parcel Three and Parcel Four. Together with easements, rights of way, and any other rights of use which may be appurtenant or attributable to the afore- said lands.' 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price for the aforesaid real property des- ignated as Parcel One. and Parcel Two is and shall be the sum of THREE HUNDRED THOUSAND AND •NO/100 DOLLARS ($300,000.00) payable as follows: a. The sum of EIGHTY SEVEN THOUSAND AND NO/100 DOLLARS ($87,000.00) as the down payment, payable at the close of escrow. b. The remaining balance of TWO HUNDRED THIRTEEN THOUSAND AND NO/100 DOLLARS ($213,000.00) shall be carried by 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 install- ments (on the anniversary date of the close of escrow), of TWENTY ONE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($21,300.00) plus accrued interest at the rate of eight percent (8%)per annum com- puted on the unpaid balance. • 3. TITLE AND POSSESSION: Title and possession of the herein described real property designated as Parcel One and Parcel Two shall be conveyed by SELLER to DISTRICT at the close of escrow by a Grant Deed, and Parcel Three and Parcel Four by a Gift Deed; all parcels to be free and clear of all liens, judgments, encumbrances, easements, assessments, restrictions, rights, covenants, 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. of 4 b. Any other easements, rigther exceptions s of way, access rightsand sutoch DISTRICT. deemed accepta . 4. COSTS DISTRICT shall pay and satisfy all escrow, recording, and s thi customary omar title insurance charges and fees incurred ein thin transaction. Title insurance may be required at the DISTRICT and in the amount thereby deemed of responsible for, for its purposes, SELLER shalancelofedeed of trust, full. release all costs of any reconvey. judgments, or of mortgage, payment of liens,s of of y whatsoever in- curredany other charges, costs or eedelivery of marketable title to in connection with th DISTRICT. 5. COMMISSIONS: a any real estate agent's commission or other related DISTRICT shall have no obligation or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES: SELLER warrants that there are no oral or who tef•leas of the s or rct rental agreements affecting all or any portion ort SELLER property, nor are any persons occupying the property. further her warrants and agrees to hold DISTRICT free landilharmless and to reimburse DISTRICT for any and costs, legal services, loss, damage, or expense, including costs for occ asioned by reason of any such lease, rental Sagreement, or occupancy of the property being a eandyexpenses provided for uing but not limited to relocation payments in Secti on 7260 et seq. of the California Government Code.) 7. ACCEPTANCE AND TERM OF ESCROW: DISTRICT shall have thirty (30) days from the date of the ex-- ecution hereof by the SELLER to. accept and execute this agree- ment, during said period this instrument shall constitute onstitutaid anni, and SELLER to sell and convey t an irrevocable offer by for the consideration and under the real property to DISTRICT, term s and conditions herein set forth. As consideration onsidrati n for the tender of said offer DISTRICT has pollarsanTime being of the SELLER receipt of the sum of ten ( O .close as soon as practicable 0) essence, this transaction shall after documents evidencing acceptabletitle are depositdlinuescrow (No. 1-8202) to be conducted by the First American Title an Company, 675 North First Street, San Jose, California, 95112 and in no event later than 45 days after this agreement is app and executed on behalf of DISTRICT. accrue to the benefit of • 8. The provisions hereof shall ac and shall bind the respective heirs, devisees, assigns or successors in interest of the parties hereto. 3 of 4 ry ,fir•, r •.. MIDPENINSULA REGIONAL SELLER: OPEN SPACE DISTRICT APPROVED AS TO FORM: Stanley Norton, District Counsel ACCEPTED _'oR RECOMMENDATION: L. Cr g Britton Land Ncquisition Manager RECOMMENDED FOR APPROVAL: Herbext trench General Manager APPROVED AND ACCEPTED: Barbara Green, President Board of Directors Dated: L/14-()'' /� / ATTEST: 7-f '-l am Clerk the Board of Directors 4 of 4 GUADALUPE RUBBISH DISPOSAL CO., INC. BY:C.0 c>/' Title Title�Q- Dated: alic7n" /%?D • 1855.61 feet to thence North thence North thence South thence South thence North of Lime Kiln Cr thence South thence South thence South thence South now or formerly thence South to the point of 1-8202 EXHIBIT "A" Real property situated in the County of Santa Clara, State of California, described as follows: PARCEL ONE: The West 1/2 of the Northeast 1/4 of Section 34 in township 8 South Range 1 West, Mount Diablo Base and Meridian. PARCEL TWO: • The East 1/2 of.Northeast 1/4, and North 1/2 of Southeast 1/4 of Section 34 Township 8 South, Range 1 West, M.D.B. & M. lying and being in the district commonly known and designated as the Guadalupe District, and being the same property granted by United States Government to Henry Clere de Lenresse. PARCEL THREE: EAST HALF of Northwest quarter (N.W. 1/4) Section 34, Township 8 South Range 1 West M.D.M., containing 80 acres, more or less. PARCEL FOUR: Being a portion of the South 1/2 of Section 27, T.8S. R.1W., N.D.B. & M., and more ,particularly described as follows: Beginning at the 1/4 section corner between Section 27 and 34, T.8W., RAW.; thence along the section line between Sections 27 and 34, North 89° 46' 02" West, a point; 495.59 feet 89° 14' 00" 76° 33' 45" 32° 28' 28" 31° 31' 21" eek; 65° 49' 39" East 330.59 feet to a 3/4 inch iron pipe; 73° 47' 23" East 202.23 feet to a 3/4 inch iron pipe; 65° 34' 00" East 257.07 feet to a 3/4 inch iron pipe; 58° 09' 49" East 72.82 feet to a point in the Westerly line of lands of Duffy and Barnes; 3° 08' 44" West along said Westerly line for a distance of 144.72 feet beginning. Containing 17.91 Acres, more or less.. to a East East East East 3/4 inch iron pipe; 747.50 feet to a 3/4 inch iron pipe; 140.33 feet to a 3/4 inch iron pipe; 168.45 feet to a point; . 30.25 feet to a 3/4 inch iron pipe in the North bank