HomeMy Public PortalAboutResolution - 86-34- 19860611 - Lands of DavidsonRESOLUTION NO. 86-34
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ-
ING GENERAL MANAGER TO EXECUTE ANY AND ALL
OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING OF THE TRANSACTION (EL SERENO OPEN
SPACE PRESERVE - LANDS OF DAVIDSON)
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 Carl E. Davidson et ux,:
and the Midpeninsula Regional Open Space District, 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 be-
half 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 insur-
ance, escrow fees, and other miscellaneous costs related to this
transaction.
* * * * * * * * * * * *
RESOLUTION NO.
86--34
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on
June 11 , 1986
regular meeting thereof, by the following vote:
, at a
AYES: Katherine Duffy, Teena Henshaw, Edward Shelley and
Richard Bishop
NOES: None
ABSTAIN: None
ABSENT: Daniel Wendin, Nonette Hanko and Harry Turner
ATTEST: APPROVED:
Secretary, Board of Dir ctors
President, Board of Directors
I, the District Clerk 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 date.
.. t
Distict Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into by and between CARL E. DAVIDSON
and BETTY I. DAVIDSON, husband and wife, hereinafter called "SELLER"
and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called
"DISTRICT."
1. PURCHASED PROPERTY
SELLER agrees to sell to DISTRICT,. and DISTRICT agrees to
purchase from SELLER, SELLER'S real property located within
an unincorporated area of the County of Santa Clara, State
of California, containing approximately one and three tenths
acres (1.3) more or less, and commonly referred to as Santa
Clara County Assessor's Parcel No. 517-024-019 and being
more particularly described in Preliminary Title Report
No. 0521424, dated October 8, 1985, from Ticor Title Insur-
ance Company; said report designated Exhibit "A", as attached
hereto and by this reference incorporated herein and made a
part hereof. Said property to be conveyed together with any
easements, rights of way, or rights or use which may be
appurtenant or attributable to the aforesaid lands, and any
and all improvements attached or affixed thereto.
2. PURCHASE PRICE AND MANNER OF PAYMENT
The total purchase price shall be Fifty Thousand and No/100
Dollars ($50,000.00) payable in cash at close of escrow as
hereinafter provided.
3. TITLE AND POSSESSION
Title and possession of the subject property shall be con-
veyed to DISTRICT at the close of escrow by Grant Deed,
free and clear of all liens, encumbrances, judgments, ease-
ments, taxes, assessments, covenants, restrictions, 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 2, 3, 4, 5, 6, and 7
as listed in said Preliminary Title Report (Exhibit "A").
Purchase Agreement - Davidson Page Two
4. COSTS
DISTRICT shall pay all escrow, recording, and customary
title insurance charges and fees incurred in this trans-
action. SELLER shall be responsible for, and pay all costs
of any reconveyance of Deed of Trust, full release of
mortgage, payment of liens, discharge of judgments, or any
other charges, costs, or fees incurred in order to deliver
marketable title to DISTRICT.
5. COMMISSIONS
DISTRICT shall not be responsible for any real estate sales
commission or other related costs or fees in connection with
this transaction.
6. LEASES OR OCCUPANCY OF PREMISES
SELLER warrants 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.
SELLER further warrants and agrees 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. WAIVER OF STATUTORY COMPENSATION
SELLER understands that they may be entitled to receive the
fair market value of the property under the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of
1970 (Public Law 91-646) and California Government Code
Section 7267, et seq. SELLER acknowledges that they are
familiar with the applicable Federal and California law.
SELLER hereby waives all existing and future rights they
may have to receive the fair market value of the Property
under any applicable federal or California law.
8. ACCEPTANCE AND TERMS OF ESCROW
DISTRICT shall have thirty (30) days following the execution
hereof by SELLER to accept and execute this Agreement, and
during said period this instrument shall constitute an
irrevocable offer by SELLER to sell and convey the afore-
said real property to DISTRICT for the consideration and
under the terms and conditions herein set forth. As.con-
sideration for the tender of said offer, DISTRICT has paid
and SELLER acknowledges receipt of the sum of Ten and
No/100 Dollars ($10.00) .
Purchase Agreement - Davidson
Page Three
Time being of the essence and provided that this Agreement
is accepted and executed by DISTRICT, this transaction shall
close as soon as practicable, but not more than thirty (30)
days following the acceptance and execution by DISTRICT,
through an escrow (No. 0521424) to be conducted by Ticor
Title Insurance Company, 250 Almendra-Avenue, Los Gatos, CA
95030, or other such escrow holder as may be acceptable to
SELLER and DISTRICT.
9. ACCRUAL
The provisions hereof shall accrue to the benefit of and
bind the respective heirs, devisees, assigns, or successors
in interest of the parties. hereto.
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
APPROVED AS TO FORM:
Stanley No ton, District Counsel
ACCEP FOR RECOMMENDATION:
L. ra3.g Britton,
Land Af uisition Manager
APPROVED AND ACCEPTED:
President, Board of DiYgctorS
ATTEST:
DicPC.v(i't -
s rice --Clerk
Date:
SELLER
-
Carl E. Davidson
Date:
Betty dr; vi on
Date:
0
eft,
cfg TICOR TITLE INSURANCL
AMENDED REPORT
250 Almendra Avenue
Los Gatos, CA 95030
(408) 354-8130
January 17, 1986
Fox E. Carskadon
290 Saratoga Avenue
Los Gatos, CA 95030
Attn: Danny 'under
Your Ref: APN 517-24-19
, CA
Cur No: 0521424 0000
In response to the above referenced application for a Policy of Title
Insurance, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby reports
that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies 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 forms. '
The printed Exceptions and Exclusions from the coverage of said Policy
or Policies are set forth on the attached cover. Copies of the Policy
forms should be read. They are available from the office which issued
this report.
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 or Commitment should be requested.
Dated as of October 8, 1985
Maria Ruiz
Liz Johnson
at 7:30 a.m.
Title Officer
Escrow Officer
The estate or interest in the land hereinafter described or referred to
covered by this Report is a fee as to Parcel One; Easement as to Parcel
Tvo
Title to said estate or interest at the date hereof is vested in:
Carl E. Davidson and Betty I. Davidson,
His Wife, As Joint Tenants
Ey! =,tea a
5 L.:11
A
Ticor Title Insurance Company of California
Pne
T1COR TITLE IN5URANic
Application No. 0521424 0000
At the date hereof exceptions to coverage in addition to the printed
Exceptions and Exclusions contained in said Policy Form would be as
follows:
1. A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1985-86
Assessment No.
Code No.
First installment
Second installment
Assessed valuation
personal property
: 517-24-019
: 80-060
: $36.20
: $36.20
of
: None
Payable, but not yet due
Payable, -but not yet due
B. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5, (commencing with Section 75) of the Revenue
and Taxation Code of• the State of -California.
2. Rights and rights of way granted in the Deed from Victor H.
Belatti, to Stanley Williams and Adrienne Williams, his wife, dated
September 25, 1951 recorded April 4, 1952 in Book 2395, Page 633 of
Official Records, as follows:
Together with a right of way fcr ingress and egress over and along any
and all existing roads running through the remaining lands of Grantors,
also together with a right of way over any rights of way appurtenant to
said lands of Grantors.
The above rights and rights of way were also granted in subsequent
deeds of records.
3. An Easement affecting the portion of said land and for the purposes
stated herein, and incidental purposes,
In favor of : Victor M. Belatti
For : Right of way over any and all existing roads
Recorded : April 4, 1952 In Book 2395 Page 636
Official Records
Affects : A portion of said premises
EXHIBIT A
Ticor Title Insurance Company of California
Page 2 of '7
ria TIC. R TITLE INSURANLc
4. Rights and rights of ways granted in the Deed from Willis A. Rodoni
and Jeannette Rodoni, also known as Jeanette K. Rodoni, his wife, to M.
D. "McGill and Brannie McGill, Husband and Wife, As Joint Tenants dated
June 27, 1952 recorded November 6, 1953 in Book 2753 Official Records,
page 428, as follows:
Together with rights of way for ingress and egress as granted by Victor
A. Belatti to Willis A. Bodoni, et ux, by Deed dated November 27, 1951
recorded April 4, 1952 in the Cffice of the Recorder of the County of
Santa Clara, State of California in Book 2395 Of Official Records, page
636.
5. Reservation rights and rights of ways contained in the deed from
Willis A. Rodoni and Jeannette K. Bodoni, his wife, to Mervin Stark and
Edith M. Stark, his wife, in joint tenancy, dated December 3, 1953 and
recorded December 16, 1953 in Look 2778, Page 441 of Official Records,
as follows:
Reserving from the first above described lands, a right of way over any
and all existing roads, said roads, herein, reserved to run with and be
appurtenant to the remaining lands of said grantors.
6. Reservation rights and rights of way contained in the Deed from
Mervin Stark, et ux, to Joseph P. Long, et ux, dated December 3, 1953
in book 2788, of Official Records, page 443, as follows:
Reserving from the first above described lands, a right of way over any
and all existing roads, said roads herein reserved to run with and be
appurtenant to the remaining lands of said grantors.
7. AN EASEMENT affecting the portion of said land and for the purposes
stated herein, and incidental purposes,
In favor of : Maynard J. Daley, Jr., et ux
For : Ingress and Egress and roadway purposes
Recorded : November 14, 1961 In Book 5363 Page 705
Official Records
Affects : A strip of land. 40 feet in width, the centerline
of which is described as follows:
Beginning at the Southeasterly corner of that certain 0.92 acre tract
of land described in the Deed from Willis A. Rodoni, et ux, to the
County of Santa Clara, dated February 15, 1958 recorded February 28,
1958 in Book 4010, of Official Records, page 131, Santa Clara County
Records, in the Easterly line of the West 1/2 of the East 1/2 of the
Northeast Quarter of the South Quarter of Section 24, Township 8 South,
Range 2 West, Y.J.B. C M.; thence from said point of beginning North
65 deg 56' East 46.00 feet; thence South 82 deg 32' East 211.5 feet,
more or less, to a point in the Westerly line of that certain tract of
land described in the Deed to Maynard J. Daley, Jr., et ux, recorded
November 14, 1961 in Book 5363, Page 703, Official Records
EXHIBIT A
Ticor Title Insurance Company of California
Pace 3 0#�,
a
TICOR TITLE INSURANC
Application No. 0521424 0000
NOTES:
NOTE 1 : TITLE -OF THE VESTEE HEREIN was acquired by deed recorded prior
to six months from the date hereof.
NOTE 2 : Effective March 1, 1979, there will be an additional $10.00
fee for recording a Deed with a Legal Description other than an entire
lot in a recorded final map. If there are any questions, please call
your Escrow Officer or Title Officer.
NOTE 3 : Senate Bill 1550 (Chapter 1004, Statutes of 1984) is
effective January 1, 1985. This law mandates all funds be collected
and available for withdrawal prior to disbursement. Delays in closing
will occur if funding is by other than bank wire, cashiers check or
similar items drawn on a California Bank. Drafts and checks drawn
on out-of-state financial institutions may require separate collection
or a minimum statutory period for bank clearinghouse processing in
lieu of notice that a particular item has been paid.
NOTE 4 : On or after July 1, 1985, the County Recorder's Office will
charge, in addition to the regular recording charges, an extra $20.00
recording fee, unless a document evidencing a change of ownership is
accompanied by a Preliminary Change of Ownership report. In lieu of
said report, signed by the transferee, the recorder will accept an
affidavit that the transferee is not a resident of California. Title
billings will be adjusted to reflect such additional fees when
applicable."
SMR/df lid-oty
EXHIBIT A
Ticor Title Insurance Company of California
a
TICOR TITLE I NSURANLc
Application No. 0521424.0000 SCHEDULE C
The land referred to herein is described as follows:
All that certain real property in the County of Santa -Clara, State of
California, described as follows:
PARCEL ONE:
Beginning at the Southeasterly ccrner of that certain 3.43 acre tract
of land described in the Deed from Stanley E. Williams, et ux, to
Willis A. Bodoni, et ux, dated May 12, 1953 recorded May 25, 1953 in
Book 2649 of Official Records, page 44, Santa Clara County Records;
running thence North 0 deg 59' West along the Easterly line of said
3.43 acre tract for a distance of 115.00 feet; thence leaving said last
named line and running Easterly -and parallel with the Southerly line of
the North Half of the Southwest Quarter of Section 24, Township 8
South, Range 2 West, M.D.B. C M. for a distance of 222 feet, more or
less, to a point on the Westerly line of -that certain tract of land
described in the Deed from Willis A. Rodoni, et ux, to M.D. McGill, et
ux, dated June 27, 1952 recorded November 6, 1953 in Book 2753 of
Official Records, page 428, Santa Clara County Records. Said last
mentioned point being the true point of beginning of this description;
running thence from said true point of beginning Westerly along a line
which is parallel with the said Southerly line of the North Half of the
Southwest Quarter of Section 24, for a distance of 112 feet, more or
less, to a point which is distant Easterly along said parallel line
110.00 feet from a point on the said Easterly line of the 3.43 acre
tract hereinabove referred to; running thence South 0 deg 59' East and
parallel with the said Easterly line of the 3.43 acre tract and its
Southerly prolongation for a distance of 532 feet, more or less, to a
point in the said Southerly line of the North Half of the Southwest
Quarter of Section 24, running thence Easterly along said last named
line for a distance of 1 12: feet, more or less, to th'e p -int of
intersection thereof with the'same Westerly line of land so described
in the Deed to said McGill, hereinabove referred to; running thence
Northerly along the said Westerly line of land of McGill for a distance
of 532 feet, more or less, to the true point of beginning and being a
portion of the East Half of the East Half of the }ortheast Quarter of
the Southwest Quarter of Section 24, Township 8 South, Range 2 West,
M.D.B. E. M.
PARCEL TWO:
Rights of Way appurtenant to Parcel No. 1 hereinabove described for
Ingress and Egress over all roadways existing in 1951 within the North
1/2 of the Southwest 1/4 of Section 24, T. 8 S., R. 2 W.
WE NOTE but do not insure an undivided 1/64 interest in and to all
a ailable water on the North 1/2 of the Southwest 1/4 of Section 24, T.
8 S. R. 2 W. M. D. B. E. M. and rights of way over said North 1/2 of the
. aD T
Ticor Title Insurance Company of California
TICOR TITLE INSURAN6
Southwest 1/4 for the purpose of installment of facilities to obtain
water from any source.
Ticor Title insurance Company of California
EXIlit3IT A
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