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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 'age 6 of i f r_• 13547 5 tt I.�dS 9�0 !IA SEC .0- 1147 AC PCL A 2/ 2i0J M. s orrice Of COUWEY ASSSSS04- SAMTA CIA*A COUNTY , CALtfORNIA k '/2 OF S.W. 1/4 OF SEC. 24 , T.8 S. , R.2 W. ...DECO RECORD OVERLAP R.O.S. 28'3-h1.49 1 42 0! 40 •Y . E7! RQS. ��I hl II6- 07 104040 • ul_ - ROAD - a W.. 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