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Home My Public Portal AboutResolution - 80-48- 19801124 - Dietrich PropertyRESOLUTION NO. 80-48' 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 (MANZANITA RIDGE OPEN SPACE PRESERVE/DIETERICH TRUST) 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 Peninsula Open Space Trust, et al,as Trustees, and the Midpeninsula Regional Open Space District, dated November 24, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors 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 Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 80-48 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on November 24 , 19 80 at a /special 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: .12 Secretary, Board of- Directors President, Board of Directors I, the District Clerk/EIMIXyX14iNiXiKtXV-RXtXof 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. Distrjbt 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 PENINSULA OPEN SPACE TRUST, a Non-profit Corporation, and HASKELL BERRY JR., as Trustees 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. adopted on November 24, 1980 , and the grantee consents to recordation thereof. Dated November 24 , 19 80 MIDPENINSULA REGIONAL, OPEN SPACE DISTRICT By ATTEST: Cw(L'L • 1id .1/ District Clerk PURCHASE AGREEMENT THIS AGREEMENT, made and entered into this L-'--7- day of i '� '>. :�.i _% , 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, and HASKELL BERRY, JR. as trustees under trust agreement dated November 7, 1980, herein- after referred to as "TRUSTEE" WHEREAS, TRUSTEE is the owner of certain real property which has natural beauty, 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. NOW, therefore, it is mutually understood and agreed as follows: 1. PURCHASED PROPERTY_ TRUSTEE agrees to transfer to DISTRICT, and DISTRICT agrees to acquire from TRUSTEE, on the terms and conditions contained herein, TRUSTEE's real property located in the county of Santa Clara, State of California, con- sisting of one hundred forty-two (142) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel No. 562-08-004 and described in Exhibit "A" as attached hereto and incorporated herein by this reference. 2. PURCHASE PRICE AND PAYMENT. The total purchase price for the aforesaid real property is and shall be the sum of ONE HUNDRED FIFTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($150,500). Said sum shall be deposited into escrow by DISTRICT for disbursement to TRUSTEE 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 Grant 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 reser- vations as may be deemed acceptable by DISTRICT. c. Easement for Loma -Almaden Road 20 feet wide as 1 of 3 granted to the United States of America by deed recorded April 4, 1956, Book 3457, Offical Records, page 407. d. Rights granted to the United States of America by deed recorded April 4, 1956,. Book 3457, Official Records, page 407. e. Right of way for electrical conductors and in- cidents thereto granted to The Pacific Telephone and Telegraph Company by deed recorded April 20, 1956, Book 3472 Official Records, page 524. Affects a 20 foot strip of Lot 7 as staked. f. Right of way for electrical conductors and incidents thereto granted to.The Pacific Telephone and Tel- egraph Company, a corporation by deed recorded April 11, 1960, Book 4758, Official Records, page 737 . Affects a 20 feet strip of Lots 7 and 8 as staked. g. Land Conservation Contract recorded February 25, 1975, Book 9232 Official Records, page 305, by and between the County of Santa Clara and Frances C. Dieterich. 4. WAIVER OF STATUTORY COMPENSATION. TRUSTEE and DISTRICT understand and agree that TRUSTEE 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; TRUSTEE acknowledges that it has obtained and fam- iliarized itself with the applicable Federal Law and California Government Code Sections, and hereby waives all existing and/or future rights it may. have to the fair market value of said pro- perty, 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 TRUSTEE to accept and execute this .agreement, and during said period this instrument shall constitute an irrevocable offer by TRUSTEE to enter into a contract with DISTRICT on the terms and conditions set forth herein; in consideration of which DISTRICT has paid and TRUSTEE ack- nowledges receipt of the sum of ten and no/100 dollars ($10.00). In the event DISTRICT does not deliver to TRUSTEE a signed copy of this agreement within said thirty (30) day period, this agreement shall be automatically terminated and 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 464179 conducted by Western Title Insurance Company, 70 North 2nd Street, San Jose, California 95113. 8. 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, Trustee SPACE DISTRICT APPROVED AS TO FORM: Stanley No -ton, Legal Counsel RECOMMENDED FOR APPROVAL: L. Craig Britton Assistant General Manager APPROVED AND ACCEPTED: 161. 1 Barbara Green, President Board of Directors ATTEST: Disltrict Clerk Dated: -11,61,46.,,,,LG-✓ / e) 3 of 3 By: 0/(71 .eLi Robert R. Augsbirge Executive Director Dated: -z2 ' .J /2z, /f 2) HASKELL BERRY, JR., Trustee Haskel .Berry, Jr., Trustee Dated: if. .�-ri /5 /e -/TD •wgm ._a.�.�;'.v._�c. Yf�"� 3:,,,•>w±_,�.:-+�.�-aw -:�:: • �, .'�;'F� '_x:.-�?4d4:'?�5 2..'yc . . EXHIBIT "A" That parcel of land in the County of Santa Clara, State of California, described as follows: Lots 1, 2, 7 and 8 of a Section7Township, 9 South, Range 1 East, Mount Diablo Base and Meridian. EXCEPTING THEREFROM the 140192 acres, more atesrofAnerica recorded less, described as Tract A-102 in the deed to the Uai c tReords � page 407, described as April 4, 1956, Book 3457, Of fa. ca. follows: Be ginning at a point on the Westerly line of the aforesaide of Lot 7, center which Westerly line is also the North and South MDB&M said point said Section 7, Township 9 South, Range 1 East, of beginning bears North 050.15' 01" West 993.65 feet along tsaid g one -quarter corner o North and South center line from the South line of said Section 7; thence from said point of beginning N. 05° 15' 01" West 234.37 feet along' said North and South c line to a point; thence leaving said North and Sout center line North 80° 14' 45" E. 320.75 feet; thence a North 40°00'00" ; Wes 250.00 feet; thence North 50 00 00 East 300.00 50 ° 00' 00" � East nce South 40° 00' 00" E. 250.00 feet;00feet�thence South 55° 00 ` 00" 420.00 feet; thence East 350. E. 344.34 feet; thence South 223.52 feet; thence West 550.00 feet; tehnce South 40° 00' 00" W. 259.07 feet, and thence South 80° 14' 45" • W. 772.93 feet to the point of beginning: Page 1 of 1 •