HomeMy Public PortalAbout19850715 - Agendas Packet - Board of Directors (BOD) - 85-18 4 - - Meeting 85-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965.4717
SPECIAL MEETING
Monday BOARD OF DIRECTORS 375 Distel Circle, D-1
July 15 , 1985 Los Altos, California
A G E N D A
(7 : 30) ROLL CALL
APPROVAL OF MINUTES (June 12 , 1985)
ORAL COMMUNICATIONS
NEW :BUSINESS WITH ACTION REQUESTED
(7 : 45) 1 . Proposed Darling Property Addition to La Honda Creek Open Space
:Preserve -- C. Britton
:Resolution 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 to Closing of the Transaction
(La Honda Creek Open Space Preserve - Darling Property)
(8 :05) CLAIMS
CLOSED SESSION (Land Negotiation Matters)
ADJO'JRNMENT
Herbert A.Grench,Generst Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin '....
R-85-38
(Meeting 85-18
llkloe July 15 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
July 11 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
D. Hansen, Land Manager; Mary Gundert,
Associate Open Space Planner
SUBJECT: Proposed Darling Property Addition to La Honda Creek Open Space
Preserve
Introduction: The Midpeninsula Regional Open Space District has been
offered the opportunity to purchase 69 acres of land located west of
La Honda Road (Highway 84) and north of the District' s contiguous La Honda
Creek Open Space Preserve (see attached map) . The land is owned by
Ned P. Darling of Portland, Oregon. If acquired, this property would
become an addition to the La Honda Creek Open Space Preserve.
A. Description of the Site
1. Size, Location and Boundaries
Sixty-nine acres in size, the property is located on La Honda
Road (Highway 84) , approximately 0. 75 mile south of Sky Londa
(the intersection of Skyline Boulevard and La Honda Road) .
La Honda Road forms the eastern boundary of the property, while
the La Honda Creek Preserve forms the southern boundary. Private
property adjoins to the north and west. The District 's Windy
Hill Open Space Preserve is located approximately one mile to
the east.
2 . Topography, Geology, and Natural Landscape
Two creeks are located on the property; La Honda Creek parallels
La Honda Road approximately 500 feet west of the road, and an
unnamed tributary cuts across the southwest corner of the property
to join La Honda Creek along the property ' s southern boundary.
The land located east of La Honda Creek is comprised of steep
westerly facing slopes , while that property located east of the
creek is comprised of steep southeast facing slopes. Elevations
range from 1240 feet along La Honda Creek to 1920 feet in the
northwest corner of the property.
Vegetation on the site is primarily dense second growth redwood
and Douglas fir forest mixed with hardwood forests of oak and
madrone. The disturbed areas of the property on old roadbeds
and slides have been revegetated with Scotch broom and coyote bush.
R-85-38 Page Two
B. Planning Considerations
The property is located within San Mateo County' s Timberland Preserve
Zone, designed by the State to protect commercially productive timber-
land for commercial logging purposes. No timber management plan has
been prepared for the property. The property is rated low to moderate
on the District' s Master Plan map, a composite rating of open space
values.
C. Current Use and Development
Access to the property is via La Honda Road. Several roadside pullouts
are located on La Honda Road along the northern boundary of the prop-
erty. It is estimated the pullouts would accommodate approximately
ten cars if fully utilized. A dirt roadway enters the property in the
northeast corner from one of the pullouts. The roadway is currently
overgrown with Scotch broom and coyote bush and has several significant
landslides which have eaten away at the road bed. The roadway generally
parallels La Honda Creek and La Honda Road, and, as it nears the
southern boundary of the property, crosses La Honda Creek on a nearly
collapsed redwood timber bridge. The road continues in a northerly
direction after crossing the creek , but again it is overgrown and
impassable. Additional trails on the west side of La Honda Creek have
yet to be explored, although it is known that some trail sections are
open on the westerly edge of the property which connect the adjacent
District and private lands. There are no structures on the property
other than the bridge. CalTrans holds a slope and drainage easement
adjacent to La Honda Road, and several culverts and retaining wall
structures are located within the easement. Wildlife and scenic values
of the property are high.
D. Potential Use and Management
Like the La Honda Creek Open Space Preserve, this property, while
magnificent wooded land, is somewhat limited in its current access
potential due to the collapsed bridge across La Honda Creek. However,
once a creek crossing is re-established the site could be connected
via trails with the La Honda Creek Open Space Preserve to the south.
Several CalTrans pullouts adjacent to the current access road to the
site could accommodate up to approximately ten cars. In addition, a
level area located immediately inside the property next to the access
road could possibly be expanded to serve as additional parking and a
staging area for the La Honda Creek Open Space Preserve.
E. Interim Use and Management Recommendations
1. The site will be managed as a wildland area with limited public
access.
2 . Staff will research the potential for parking on the level area in
the northeast corner of the site , including consideration of
potential impacts on neighboring private property. Site maps to
be distributed to the public will not show any parking areas.
3. Preserve boundary plaques will be placed on the site where
appropriate.
4. Staff will research alternate creek crossing points and other
potential public access routes.
R-85-38 Page Three
F. Dedication
I recommend the site be withheld from dedication at this time. The
adjacent La Honda Creek Open Space Preserve is currently undedicated
until such time as the District' s acquisition possibilities and the
pattern of private development of currently undeveloped land in the
area become better established.
G. Name
I recommend the property become an addition to La Honda Creek Open
Space Preserve and be known by that name.
H. Terms
The total purchase price for the 69 acre Darling property, as stipu-
lated in the attached Agreement to Purchase Real Property, would be
$176, 300 ($2,555 per acre) . The Agreement further provides for a
down payment of $35,300 (30%) in cash, with the balance of $141 ,000
payable over 10 years at 7% interest. This indebtedness is subordi-
nate to the District's 1982 and 1985 note issues because of the limit
on additional parity debt placed upon the District by the terms of
these note issues. Funds required to close escrow would come from
the New Land Commitments budget category and specifically from the
proceeds of the District' s 1985 note issue.
Recommendation: I recommend that you adopt the accompanying 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
to Closing of the Transaction (La Honda Creek Open Space Preserve - Darling
Property) .
I further recommend that you tentatively adopt the Interim Use and Manage-
ment Plan recommendations contained in this report, name the property an
addition to the La Honda Creek Open Space Preserve, and indicate your
intention to withhold the property from dedication.
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RESOLUTION NO. 85-35
i
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 TO CLOSING OF
THE TRANSACTION (LA HONDA CREEK OPEN SPACE
PRESERVE - DARLING 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 Agreement to Purchase Real Property between Ned P.
Darling and the Midpeninsula Regional Open Space District, a copy
of which is attached hereto by reference made a part thereof, 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 insur-
ance, escrow fees, and other miscellaneous costs related to this
transaction.
Section Five. The sum of $35 , 300 is hereby ordered to
be withdrawn from the Midpeninsula Regional Open Space District 1985
Promissory Note Fund for this purchase.
* * * * * * * * * * * * * * *
AGREEMENT TO PURCHASE REAL PROPERTY
This Agreement is made and entered into effective as of the
day of F 1985 , by and between NED P. DARLING (hereinafter
"Seller") , and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public
district formed pursuant to Article 3 of Chapter 3 of Division 5
of the California Public Resources Code (hereinafter "Buyer") .
RECITALS
WHEREAS, Seller is the owner of certain real property ("the Property")
containing approximately 69 acres and located in the County of San
Mateo, State of California; being more particularly described in the
property description attached to the Preliminary Title Report
Number 514815 , dated May 21 , 1985 from Ticor Title Insurance , said
Report being attached hereto as Exhibit "A" and incorporated herein
by this reference; and
WHEREAS , Buyer was organized as a public district to acquire real
and personal property for public park, recreation , conservation and
open space purposes in the San Francisco Midpeninsula area; and
WHEREAS , the Property has natural beauty , open space and recreational
value currently of interest to Buyer; and
WHEREAS, Seller desires to sell and Buyer desires to purchase the
Property for the consideration and on the terms and conditions here-
inafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the
mutual promises and covenants herein contained, the parties hereto
agree as follows:
1. Purchase and Sale. Seller does hereby agree to sell to
Buyer and Buyer hereby agrees to purchase from Seller
the Property upon the terms and conditions hereinafter
set forth.
2. Purchase Price. The total purchase price ("Purchase Price")
for the Property shall be One Hundred Seventy-Six Thousand
Three Hundred and No/100 Dollars ($176 ,300. 00) , which shall
be payable as follows:
(a) A down-payment of Thirty-Five Thousand Three Hundred
and No/100 Dollars ($35 , 300. 00) to be paid in cash at
the "Closing, " as defined in Section 3 hereof; and
Agreement to Purchase Real Property Page Two
Darling
(b) A Promissory Note in the form attached hereto as
Exhibit "B" and incorporated herein by this refer-
ence for the balance of said total purchase price
of One Hundred Forty-One Thousand and No/100 Dollars
($141 , 000 . 00) , secured by a First Deed of Trust in
the form attached hereto as Exhibit "C" and incor-
porated herein by this reference , recorded against
the subject property (provided however that said Note,
but not said First Deed of Trust, shall be junior and
subordinate to the "Midpeninsula Regional Open Space
District 1982 and 1985 Negotiable Promissory Notes") .
Said Promissory Note shall be payable in ten annual
principal installments of Fourteen Thousand One
Hundred and No/100 Dollars ($14 ,100. 00) , or more,
together with accrued, tax-free interest, at the rate
of seven percent (7%) per annum on the unpaid balance,
and continuing until said principal and accrued
interest are paid in full. The first such payment to
be made on or before the anniversary date of the close
of escrow. The Note to provide that principal and
accrued interest may be prepaid at any time without
penalty or premium.
3. Escrow. Promptly upon execution of this Agreement, in
accordance with Section 8 .18 herein, an escrow shall be
opened at Ticor Title Insurance, 309 Second Street, Los
Altos , CA 94022 (415) 948-4403 , ATTN: Shirley Bernard,
or other title company acceptable to Buyer and Seller
("Escrow Holder") through which the purchase and sale of
the Property shall be consummated. A fully executed copy
of this Agreement shall be deposited with Escrow Holder
to serve as escrow instructions to Escrow Holder; provided
that the parties shall execute such additional supplementary
or customary escrow instructions as the Escrow Holder may
reasonably require. This Agreement may be amended or
supplemented by explicit additional escrow instructions
signed by the parties, but the printed portion of such
escrow instructions shall not supersede any inconsistent
provisions contained herein. Escrow Holder is hereby
appointed and instructed to deliver, pursuant to the terms
of this Agreement, the documents and monies to be deposited
into the escrow as herein provided, with the following
terms and conditions to apply to said escrow:
(a) The time provided for in the escrow for the close
thereof shall be on or before August 31 , 1985; pro-
vided, however, that the parties may, by written
agreement, extend the time for Closing. The term
Agreement to Purchase Real Property Page Three
Darling
"Closing" as used herein shall be deemed to be the
date when Escrow Holder causes the Grant Deed (as
defined below) to be recorded in the Office of the
County Recorder of San Mateo County.
(b) Seller and Buyer shall , during the escrow period,
execute any and all documents and perform any and
all acts reasonably necessary or appropriate to
consummate the purchase and sale pursuant to the
terms of this Agreement.
(c) Seller shall deposit into the escrow on or before
the Closing an executed and recordable Grant Deed,
in the form attached hereto as Exhibit "D" and
incorporated herein by this reference, covering
the Property as described in said Exhibit "A" .
(d) Buyer shall deposit into the escrow, on or before the
Closing:
(i) the required Certificate of Acceptance for
the Grant Deed , duly executed by Buyer and
to be dated as of the Closing;
(ii) the Promissory Note (Exhibit "B" ) , duly executed
by Buyer and to be dated as of the Closing;
(iii) the Deed of Trust (Exhibit "C") , properly
executed and acknowledged;
(iv) Buyer' s check payable to Escrow Holder in the
amount of Thirty-Five Thousand Three Hundred
and No/100 Dollars ($35 ,300. 00) .
(e) Buyer and Seller shall each pay one-half (�j) of the
escrow fees , documentary transfer taxes (none known) ,
the CLTA Joint Protection policies of the title insur-
ance described below, and all recording costs and
fees. All other costs or expenses not otherwise
provided for in this Agreement shall be apportioned
or allocated between Buyer and Seller in the manner
customary in San Mateo County. All current property
taxes on the Property shall be pro-rated through
escrow between Buyer and Seller as of the Closing
based upon the latest available tax information
using the customary escrow procedures.
Agreement to Purchase Real Property Page Four
Darling
M Seller shall cause Ticor Title Insurance, 309 Second
Street, Los Altos , California 94022 , or other title
company acceptable to Buyer and Seller, to be pre-
pared and committed to deliver to Buyer and Seller
standard coverage CLTA Joint Protection Policy of
Title Insurance, dated as of the Closing, insuring
Buyer and Seller each in one amount of $176 ,300 . 00
for the Property showing title to the Property
vested in fee simple in Buyer, subject only to:
(i) current real property taxes; (ii) the Deed of
Trust referred to in Paragraph 2 (b) herein; (iii)
the listed exceptions 1 and 3 set forth in said
Preliminary Title Report attached hereto as
Exhibit "A" ; (iv) the printed exceptions in a
standard form of CLTA Joint Protection Policy of
Title Insurance; (v) those additional title excep-
tions as may be acceptable to Buyer. In the event
Buyer disapproves of any additional title exceptions
and Seller is unable to remove any Buyer disapproved
exceptions before the time set forth for the Closing,
Buyer shall have the right either: (i) to terminate
the escrow provided for herein (after giving written
notice to Seller of such disapproved exceptions and
affording Seller at least twenty (20) days to remove
such exceptions) and then Escrow Holder and Seller
shall , upon Buyer' s direction, return to the parties
depositing the same , all monies and documents thereto-
fore delivered to Escrow Holder or; (ii) to close the
escrow and consummate the purchase of the Property.
(g) Escrow Holder shall , when all required funds and
instruments have been deposited into the escrow by
the appropriate parties and when all other conditions
to Closing have been fulfilled: M cause the Grant
Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of
San Mateo County and; (ii) cause the Deed of Trust
to be recorded in the Office of the County Recorder
for San Mateo County. Upon the Closing, Escrow
Holder shall cause to be delivered to Buyer and Seller
originals of the policies of the title insurance
required herein, and to Seller the promissory note and
Escrow Holder' s check for the down payment on the
Purchase Price (less Seller 's portion of the expenses
described in Section 3 (e) ) , and to Buyer or Seller,
as the case may be, all other documents or instruments
which are to be delivered to them. In the event the
escrow terminates as provided herein, Escrow Holder
shall return all monies , documents or other things of
value deposited in the escrow to the party depositing
the same.
Agreement to Purchase Real Property Page Five
Darling
4 . Rights and Liabilities of the Parties in the Event of
Termination. In the event this Agreement is terminated
and escrow is cancelled for any reason , all parties shall
be excused from any further obligations hereunder, except
as otherwise provided herein. Upon any such termination
of escrow, all parties hereto shall be jointly and
severally liable to Escrow Holder for payment of its title
and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused
such termination of escrow) , and each party expressly
reserves any other rights and remedies which it may have
against any other party by reason of a wrongful termina-
tion or failure to close escrow.
5 . Leases or Occupancy of Premises. Seller warrants that
there exist no oral or written leases or rental agree-
ments affecting all or any portion of the subject prop-
erty. Seller further warrants and agrees to hold Buyer
free and harmless and to reimburse Buyer for any and
all costs, liability, loss , damage or expense, includ-
ing costs for legal services , occasioned by reason of
any such lease or rental agreement of the property
Ilb
being acquired by Buyer, including but not limited to
claims for relocation benefits and/or payments pursuant
to California Government Code Section 7260 et seq.
Seller understands and agrees that the provisions of
this paragraph shall .survive the close of escrow and
the recordation of any Grant Deed (s) .
6. Seller' s Warranties. This Agreement and all other docu-
ments delivered by Seller to Buyer now or at the Closing
have been or will be duly authorized and executed and
delivered by Seller and are legal , valid and binding
obligations of Seller sufficient to convey fee title to
Buyer, and are enforceable in accordance with their
respective terms and do not violate provisions of any
agreement to which Seller is a party.
7 . Waiver of Statutory Compensation. Seller and Buyer under-
stand and agree that Seller 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.
Seller hereby waives any and all existing and/or future
rights it may have to the fair market value of said property,
appraisals, etc. , as provided for by said Federal Law and
California Government Code Sections.
Agreement to Purchase Real Property Page Six
Darling
8. Miscellaneous Provisions .
8. 01 Choice of Law. The internal laws of the State of
California , regardless of any choice of law prin-
ciples , shall govern the validity of this Agreement,
the construction of its terms and the interpretation
of the rights and duties of the parties.
8. 02 Attorneys ' Fees . If either party hereto incurs any
expense, including reasonable attorneys ' fees, in
connection with any action or proceeding instituted
by reason of any default or alleged default of the
other party hereunder, the party prevailing in such
action or proceeding shall be entitled to recover
from the other party reasonable expenses and attorneys '
fees in the amount determined by the Court, whether
or not such action or proceeding goes to final judgment.
In the event of a settlement or final judgment in
which neither party is awarded all of the relief prayed
for, the prevailing party as determined by the Court
shall be entitled to recover from the other party
reasonable expenses and attorneys ' fees.
8. 03 Amendment and Waiver. The parties hereto may by mutual
written agreement amend this Agreement in any respect.
Any party hereto may: (i) extend the time for the per-
formance of any of the obligations of the other party;
(ii) waive any inaccuracies in representations and
warranties made by the other party contained in this
Agreement or in any documents delivered pursuant
hereto; (iii) waive compliance by the other party
with any of the covenants contained in this Agreement
or the performance of any obligations of the other
party; or (iv) waive the fulfillment of any condition
that is precedent to the performance by such party
of any of its obligations under this Agreement. Any
agreement on the part of any party for any such amend-
ment, extension or waiver must be in writing.
8. 04 Rights Cumulative. Each and all of the various rights ,
powers and remedies of the parties shall be considered
to be cumulative with and in addition to any other
rights, powers and remedies which the parties may have
at law or in equity in the event of the breach of any
of the terms of this Agreement. The exercise or par-
tial exercise of any right, power or remedy shall
neither constitute the exclusion election thereof
nor the waiver of any other right, power or remedy
available to such party.
Agreement to Purchase Real Property Page Seven
Darling
8. 05 Notices . All notices , consents, waivers or demands of
any kind which either party to this Agreement may be
required or may desire to serve on the other party in .
connection with this Agreement shall be in writing and
may be delivered by personal service or sent by tefe-
graph or cable or sent by registered or certified mail ,
return receipt requested, with postage thereon fully
prepaid. All such communications shall be addressed
as follows:
Seller: Ned P. Darling
5618 S.E. Taylor
Portland, Oregon 97215
(503) 235-7884
Buyer: Midpeninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los Altos , California 94022
Attn: Herbert Grench, General Manager
(415) 965-4717
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, California 94306
If sent by telegraph or cable, a confirmed copy of such
telegraphic or cabled notice shall promptly be sent by
mail (in the manner provided above) to the addressee.
Service of any such communication made only my mail shall
be deemed complete on the date of actual delivery as
shown by the addressee' s registry or certification
receipt or at the expiration of the third (3rd) busi-
ness day after the date of mailing, whichever is
earlier in time. Either party hereto may from time to
time, by notice in writing served upon the other as
aforesaid, designate a different mailing address or a
different person to which such notices or demands are
thereafter to be addressed or delivered. Nothing con-
tained in this Agreement shall excuse either party
from giving oral notice to the other when prompt
notification is appropriate, but any oral notice given
shall not satisfy the requirement of written notice
as provided in this Section.
Agreement to Purchase Real Property Page Eight
Darling
8 . 06 Disclaimer of Representations. Buyer and Seller agree
that, except as otherwise specifically provided herein,
neither Seller, nor any of its employees , representa- '
tives , or agents has made any representations , war-
ranties or agreements as to any matters concerning the
Property which are not contained in this Agreement,
including, without limiting the generality of the fore-
going, the condition of the improvements thereon, or
the fitness of the Property or such improvements for
any use intended by Buyer. Buyer agrees to purchase
and Seller agrees to deliver the Property at the Closing
in an "as is" condition without reliance by Buyer on
any express or implied warranties of any kind. No
patent or latent defects in the physical condition of
the Property, whether or not now known or discovered,
shall affect the rights of either party hereto.
8. 07 Severability. If any of the provisions of this Agree-
ment are held to be void or unenforceable by or as a
result of a determination of any court of competent
jurisdiction, the decision of which is binding upon the
parties , the parties agree that such determination shall
not result in the nullity or unenforceability of the
remaining portions of this Agreement. The parties fur-
ther agree to replace such void or unenforceable pro-
visions which will achieve, to the extent possible,
the economic, business and other purposes of the void
or unenforceable provisions.
8. 08 Counterparts. This Agreement may be executed in sepa-
rate counterparts, each of which shall be deemed as an
original , and when executed, separately or together,
shall constitute a single original instrument, effec-
tive in the same manner as if the parties had executed
one and the same instrument.
8 . 09 Waiver. No waiver of any term, provision or condition
of this Agreement, whether by conduct or otherwise,
in any one or more instances , shall be deemed to be, or
be construed as , a further or continuing waiver of any
such term, provision or condition or as a waiver of any
other term, provision or condition of this Agreement.
Agreement to Purchase Real Property Page Nine
Darling
8. 10 Entire Agreement. This Agreement is intended by the
parties to be the final expression of their agreement;
it embodies the entire agreement and understanding
between the parties hereto; it constitutes a complete '
and exclusive statement of the terms and conditions
thereof; and it supersedes any and all prior corre-
spondence , conversations , negotiations, agreements or
understandings relating to the same subject matter.
8 . 11 Time of Essence. Time is of the essence of each pro-
vision of this Agreement in which time is an element.
8. 12 -Survival of Covenants. All covenants of Buyer or
Seller which are expressly intended hereunder to be
performed in whole or in part after the Closing, and
all representations and warranties by either party to
the other., shall survive the Closing and be binding
upon and inure to the benefit of the respective
parties hereto and their respective heirs , successors
and permitted assigns.
8 . 13 Further Documents and Acts . Each of the parties hereto
agrees to execute and deliver such further documents
and perform such other acts as may be reasonably neces-
sary or appropriate to consummate and carry into effect
the transactions described and contemplated under this
Agreement.
8. 14 Binding on Successors and Assigns . This Agreement and
all of its terms, conditions and covenants are intended
to be fully effective and binding, to the extent per-
mitted by law, on the successors and permitted assigns
of the parties hereto.
8. 15 Captions . Captions are provided herein for convenience
only and they form no part of this Agreement and are
not to serve as a basis for interpretation or construc-
tion of this Agreement, nor as evidence of the inten-
tion of the parties hereto.
8. 16 Pronoun References . In this Agreement, if it be appro-
priate, the use of the singular shall include the
plural, and the plural shall include the singular, and
the use of any gender shall include all other genders
as appropriate.
Agreement to Purchase Real Property Page Ten
Darling
8. 17 Broker' s Commission. Each party agrees to and does
hereby indemnify and hold the other harmless from
and against any and all costs, liabilities , losses ,
damages , claims , causes of action or proceedings
which may result from any broker, agent or finder,
licensed or otherwise , claiming through , under or
by reason of the conduct of the indemnifying party
in connection with this transaction.
8. 18 Execution and Delivery by _Du Buyer. Seller has executed
and delivered this Agreement to Buyer on or before
June 21 , 1985 , and such execution and delivery by
Seller shall constitute an irrevocable offer by
Seller to sell the Property to Buyer under the terms
and conditions hereof, conditioned upon the execu-
tion and delivery by Buyer of this Agreement to
Seller on or before July 25 , 1985. Such delivery
shall be deemed complete when delivered to Ned P.
Darling , 5618 S.E. Taylor, Portland, Oregon 97215,
in accordance with Section 8 .05 herein.
8. 19 Assignment. Except as expressly permitted herein,
neither party to this Agreement shall assign its
rights or obligations under this Agreement to any
third party without the prior written approval of the
other party. Notwithstanding the foregoing it is
expressly understood and agreed that the notes are
fully assignable by Seller.
Agreement to Purchase Real Property Page Eleven
Darling
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their duly authorized officers to be effective as of
the day and year first above written.
MIDPENINSULA REGIONAL OPEN SPACE SELLER:
DISTRICT
APPROVED AS TO FORM:
Ned P. Darling
Stanley Norton, District Counsel Date
ACCEPTED FOR RECOMMENDATION:
L. Craig Britton
Land Acquisition Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
CAT.NO.NN01103-Use with NNO1113
TO 528 CA-Part 1 (5-153)
I/O
075-32-321-05
TICOR
TITLE INSURANCE
SAN MATEO COUNTY OFFICES
0 333 Marshall Street,Redwood City 94063 (415)366-9551 0 1182 Chestnut Street,Menlo Park 94025 (415)323-6101
0 1111 South El Camino Real,San Mateo 94402 (415)349-1604 0 223 El Camino Real,San Bruno 94066 (415)583-3991
x 168 MAIN STREET, LOS ALTOS, CA 0 1035 E.Hillsdale Blvd.,Suite 150,Foster City 94404 (415)574-5357
PRELIMINARY REPORT
IMPORTANT
When replying refer to
MIDPENINSULA REGIONAL OPEN SPACE Our No- 485402—RWC
375 DISTEL CIRCLE #Dl
LOS ALTOS, CA Your No. 514815
ATTN: SANDY VOORHEES
In response to the above referenced application fora Policy ofTitle 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 MAY 21, 1985 at 7:30 a.m.
SHIRLEY BERNARD MARK SHEPHERD
Escrow Officer Title Officer
The form of Policy of Title Insurance contemplated by this Report is:
• ALTA Residential Title Insurance Policy- 1979
• ALTA Loan Policy- 1970 with ALTA Endorsement Form I Coverage(Amended 10-17-70)
• CLTA Standard Coverage Policy- 1973
• ALTA Owner's Policy Form B- 1970(Amended 10-17-70)
The estate or interest in the land hereinafter described or referred to covered by this Report is a fee.
Title to said estate or interest at the date hereof is vested in:
NED P . DARLING
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said cy
form would be as follows: (See Attached) EXHIBIT
past'
of
rb
:r
PAGE 2 --- 11851,102
1 . TAXES FOR THE FISCAL YEAR 1985-86, A LIEN, NOT YET DUE OR PAYABLE,
INCLUDING SUPPLEMENTAL TAXES AND/OR PERSONAL PROPERTY TAXES, IF ANY,
AMOUNT NOT ASCERTAINABLE .
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 TH
E E STAT
E F O CALIF
ORNIA .
P.0 NIA
3 • AN EASEMENT OVER THE HEREIN DESCRIBED PROPERTY :
1N FAVOR OF : THE STATE OF CALIFORNIA
FOR DRAINAGE• AND HIGHWAY SLOPE PURPOSES AND INCIDENTS
THE
RETO
RECORDED AUGUST 21, 1975
BOOK 6916 OFFICIAL RECORDS, PAGE 715, INSTRUMENT NO . 81441—AI .
AFFECTS THE HEREIN DESCRIBED PROPERTY .
NOTE ONE : COUNTY TAXES FOR THE FISCAL YEAR 19811-85, PAID,
AS FOLLOWS :
FIRST INSTALLMENT $46 . 116
SECOND INSTALLMENT $46 .46
CODE NO. 70-014 TAX BILL PARCEL NO. 075-321.-050
NOTE TWO : TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED
PRIOR TO SIX MONTHS FROM THE DATE HEREOF .
NOTE THREE : SENATE BILL 1550 (CHAPTER 10011, STATUTES OF 1984)
IS EFFECTIVE JANUARY 1, 1985. THIS LAW MANDATES ALL FUNDS BE
COLLECTED AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT .
DELAYS IN CLOSING WILL OCCUR IF FUNDING IS BY OTHER THAN BANK
WIRE, CASHIER ` S CHECK, OR SIMILAR ITEMS DRAWN ON A CALIFORNIA
FINANCIAL INSTITUTION. DRAFTS AND CHECKS DRAWN ON OUT—OF—STATE
FINANCIAL INSTITUTIONS MAY BE REQUIRED SEPARATE COLLECTION OR
MINIMUM STATUTORY PERIOD FOR BANK CLEARINGHOUSE PROCESSING IN
LIEU OF NOTICE THAT A PARTICULAR ITEM HAS BEEN PAID .
Ms/ IJ 52485
5 CC TICOR—LOS ALTOS
�. �HIBIT
.A
TAX CODE AREA 7 '
75 32
ZONING
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PARCEL MAP VOL I9/29 30
it Iric:v )r.Chcbrd.
ML ASSESSORS MAP COUNTY Of SAN MATED, CAL/r,
Schedule C
The land referred to herein is described as follows:
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATEO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS :
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND SO MUCH OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 6
SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN AS LIES
WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF A PUBLIC HIGHWAY
CLA HONDA HIGHWAY), AS GRANTED TO THE COUNTY OF SAN MATE O BY
DEED FROM ELLEN R . BELL, DATED AUGUST 26, 1932 AND RECORDED
NOVEMBER 14, 1932 IN BOOK 580 OFFICIAL RECORDS, PAGE 182,
INSTRUMENT NO . 16695—C .
APN 075-321-050 JPN 075-32-321-05
EXHIBIT—A.-
Page � Q$ i
SECURED PROMISSORY NOTE
$141 , 000. 00 Los Altos , California
1585
FOR VALUE RECEIVED, on or before 1995, in
installments as provided below, the undersigned, MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT, a California Public District
("Maker" ) , does hereby promise to pay to the order of
NED P. DARLING ("Lender") , at: 5618 S .E. Taylor, Portland,
Oregon 97215 , or at such other place as the holder hereof may,
from time to time, here*after designate in writing, in lawful
money of the United States of America, the principal sum of
One Hundred Forty-One Thousand Dollars ($141 ,000 . 00) , together
with interest from the date hereof on unpaid principal at the
rate of seven percent (7%) per annum. Should any accrued
interest not be paid when due, as provided below, it shall be
added to unpaid principal and shall thereafter bear interest
in the same manner as principal.
1. Payments. Installments of principal and interest
shall be due, payable and credited as follows:
(a) The principal amount hereof shall be paid by
Maker in ten (10) equal annual installments, each in the amount
of Fourteen Thousand One Hundred Dollars ($14 ,100 . 00) , and each
such installment shall additionally include an amount equal to
the accrued and unpaid interest hereunder. Such installments
of principal and interest shall be in the amounts and shall be
paid on or before the dates set forth in the following schedule:
Aggregate Amount
of Principal and
Due Date Interest Due
, 1986 $23,970.00
, 1987 $22,983.00
1988 $21 ,996 .00
1989 $21 ,009 . 00
1990 $20 ,022 .00
1991 $19 ,035.00
1992 $18 , 048.00
1993 $17 ,061 . 00
, 1994 $16 ,074 .00
, 1995 $15,087. 00
(b) In case any date specified above for the payment
of principal or interest on this Note shall be a legal holiday,
such payment shall be made on the first succeeding business day.
(c) All payments made hereon shall be applied first
to the payment of all unpaid interest accrued hereon to the
date of such payment and the balance, if any, shall be applied
to the payment of principal . Interest shall thereupon cease
upon the principal so credited. All interest shall be calculated
for actual days on a 365 day year basis.
EX H 1 B .j B
.................I
J
Secured Promissory Note
Midpeninsula Recjional Open Space District
1985 , Page 2
(d) Maker shall. have the right at any
time to pay all
or part of the outstanding principal. balance of this Note and
interest then accrued thereon , without penalty or premium.
2 . Securit This Note is secured by a First Deed of Trust
with Assignment Y_of Rents
(the "Deed of Trust") , of even date
herewith,
executed by Maker, as Trustor , to Ticor Title Insurance,
as Trustee, and anming Lender as Beneficiary , creating a lien on
certain real property, more particularly described therein,
located in the County of San 1,11ateo, State of California.
3. Junior Lien. The obligation of Maker to Lender here-
under is secured bythe Deed of Trust as above mentioned and
subject to the terms of said Deed of Trust, is and shall be '
junior and subordinate to the "?,lidpeninsula Regional open Space
District 1982 Negotiable Promissory Notes" and the "Midpeninsula
Regional Open Space District 1985 Promissory Notes. "
4 . Acceleration Upon Default. At the option of Lender, the
entire principal'balance togethe—r with all accrued interest
thereon shall immediately become due and payable upon the occur-
rence of any of the following (hereinafter referred to as an
"Event of Default") :
(a) default in the payment of principal or interest
when due pursuant to the terms hereof; or
(b) default in the performance of any obligation or
covenant of the Maker contained herein, in the Deed of Trust,
or in any other security agreement, deed of trust or other
agreement which may hereafter be executed by Maker for the
purpose of securing this Note (including any amendment, modi-
fication or extension of any of the foregoing instruments) .
5. Acceleration Upon Transfer. Exhibit "A" attached to
the Deed of—Trust securing—this Note contains the following
provision:
"In order to induce Beneficiary to make the loan
secured hereby, Trustor agrees not to transfer the
Property or any portion thereof or interest therein,
without the prior written consent of Beneficiary.
Beneficiary may grant or deny such consent in its sole
discretion and, if consent should be given , any such
transfer shall be subject to this Deed of Trust, and
any such transferee shall assume all obligations
hereunder and agree to be bound by all provisions
contained herein. Such assumption shall not, however,
release Trustor from any liability under the
Promissory Note without the prior written consent of
Beneficiary. In the event of any such transfer
without the written consent of Beneficiary,
Beneficiary shall have the absolute right, at its
option, to accelerate and declare the entire principal
balance and all accrued and unpaid interest on the
Promissory Note, and all other sums secured hereby,
immediately due and payable. Consent to one such
transaction shall not be deemed to be a waiver of the
right to require consent to future or successive
transactions. Notwithstanding the foregoing ,
Beneficiary agrees not to unreasonably withhold its
consent to a transfer of the Property to another
public agency, provided that such Public agency has
adequate resources , in Beneficiary ' s judgment, to meet
'sk
Secured Promissory Note
midpeninsula Regional Open Space District
1985 , Page 3
the Obligations under the Promissory Note , and that
the interest payable thereunder will be tax free to
the Beneficiary in the same manner as if paid by the
TrusL-or. As used herein, "transfer" includes the
Sale , conveyance or other transfer of the property,
or any portion thereof or interest therein , whether
voluntary, involuntary, by operation of law or
otherwise. ,,
6. Lender ' s Delay. No delay Or omission on the part of
Lender in exercising any I
g any right under this Note or under any of
the documents referred to in Section 2 shall operate as a
waiver of such right or of any other right of the holder hereof.
7. Maker ' s Waivers. Maker (and all guarantors , endorsers
_
and other parties now or hereafter becoming liable for the
payment of this Note) hereby waives diligence, presentment,
protest, demand of payment, notice of protest, dishonor, and
non-payment of this Note, and other notice of any kind. Maker
expressly agrees that, without in any way affecting the
liability of Maker hereunder , the holder hereof may extend the
maturity date or the time for payment of any amount due
hereunder, accept additional security, release any party liable
hereunder, and release any security now or hereafter securing
this Note. Maker further waives, to the full extent permitted
by law, the right to plead any and all statutes of limitation
as a defense to any demand on this Note, or on any deed of
trust, security agreement , lease agreement, guarantee or other
agreement now or hereafter securing this Note.
8. Loss or Destruction. Upon receipt of evidence
reasonably satisfactory to Maker of the loss , theft, destruction
or mutilation of this Note, and in the case of any such loss ,
theft, or destruction of this Note, upon delivery of an indemnity
bond by the holder hereof in such reasonable amount as Maker
may determine, or, in the case of any such mutilation, upon
surrender and cancellation of this Note, Maker will execute and
deliver, in lieu thereof , a replacement note of like form, tenor
and effect.
9. Law. This Note shall be governed by and construed in
accordance with the laws of the State of California.
10. Severance. Every provision of this Note is intended
to be severable. In the event any term or provision hereof is
declared to be illegal or invalid for any reason whatsoever .by
a court of competent jurisdiction, such illegality or invalidity
shall not affect the balance of the terms and provisions hereof,
which terms and provisions shall remain binding and enforceable.
11 . 17aiver. Any waiver, express or implied, of any breach
hereof or default hereunder shall not be considered a waiver of
any subsequent breach or default.
12. Section Headings. Section headings are solely for the
convenience of the parties and are not a part of this Note.
13. Modification. No provision of this Note may be waived,
modified or discharged other than by an agreement in writing
signed by the party against whom enforcement of such waiver,
modification or discharge is sought.
EXHIBIT B
Secured Promissory Note
Midpeninsula Regional Open Space District
1 1985 , Page 4
14 . Assignment. Lender may assign this Note and the Deed
of the prior -written consent of Maker,
wliich consent !A- not btu unreasonably withhold .
15. Purclas, - 'Money Obligation. It is understood that the
indebtedness represented by this-Note is the unpaid balance of
the purchase price of certain real property which' Lender has
sold to Maker on the date hereof.
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District
375 Distel Circle , Suite D-1
Los Altos , California 94022
MAKER:
Director
Director
Director
Director
Director
Director
Director
EXHiSiT B
o
j
AND WHEN RECORDED FRAIL TO
Name Ned. P. Darling
street -5618 S .E. Taylor
Address
cityzj
Portland, OR 97215
State L
SPACE ABOVE THIS LINE FOR RECORDER'S USE
—
CAT. NO. NN00G18 SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (INDIVIDUAL)
TO 21939 CA(4-83)(OPEN END)
This Deed of Trust, made this = day of 1985 bet%veen
-a z D11DPi2;INSULA REGIONAL 0P&,q SPACE DISTRICT, a Public District herein called Trustor,
J
whose address is 375 Distel Circle, Suite D-1, Los Altos, CA 94022
(number and street) (city) (state) (zip)
Ticor Title Insurance Cornpan), of California, a California corporation, herein called Trustee, and
NED P. DARLING
. herein called Beneficiary,
Witnesseth. That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST,WITH POWER OF SALE,
that property in
County, California, described as:
Exhibit "A" attached hereto and incorporated herein by this reference
sets forth a description of the real property subject to this Deed
of Trust and sets forth additional provisions of this Deed of Trust.
TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and
conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents,
issues and profits.
i7or the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Pay-
Ment of the indebtedness Jiden ce'l by one promissory note of even date herewith,arid any extension or renewal thereof, In tfic
principal sum of $ 141 00 0. 00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as
the Own record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes)
reciting it is so secured.
To Protect the Security of This Deed of Trust, Trustor Agrees. By the execution and delivery of this Deed of Trust and tile note
secured hereby,that provisions (1) to(14), inclusive,of the fictitious deed of trust recorded in Santa Barbara County and Sonoma
County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the
office of the county recorder of Elie County where said property is located, noted below opposite the name of such county,viz:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 435 684 Kings 792 833 Placer 895 301 Sierra 29 335
Alpine 1 250 Lake 362 39 Plumas 151 5 Siskiyou 468 181
Amador 104 348 Lassen 171 471 Riverside 3005 523 Solano 1105 182
Butte 1145 1 Los Angeles T2055 899 Sacramento 4331 62 Sonoma 1851 689
Calaveras 145 152 Madera 810 170 San Benito 271 383 Stanislaus 1715 456
Colusa 296 617 Marin 1508 339 San Bernardino 5567 61 Sutter 572 297
Contra Costa 3978 47 Mariposa 77 292 Sari Francisco A332 905 Tehama 401 239
Del Norte 78 414 1`0011docillo 579 530 Sil;f 10al.iLlin 2470 311 Trinity 93 366
El Dorado 568 456 Merced 1547 538 San Luis Obispo 1151 12 Tulare 2294 275
Fresno 4626 572 Modoc 184 851 San Mateo 4078 420 Tuolumne 135 47
Glenn 422 184 Mono 52 429 Santa Barbara 1878 860 Ventura 2062 366
Humboldt 657 527 Monterey 2194 538 Santa Clara 5336 341 Yolo 653 245
Imperial 1091 501 Napa 639 86 Santa Cruz 1431 494 Yuba 334 486
Inyo 147 598 Nevada 305 320 Shasta 684 528
Kern 3427 60 Orange 5889 611 San Diego Series 2 Book 1961,Page 183837
(which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and
made a part hereof as fully as though set forth herein at long, h; that be will observe and perform said provisions; and that the
references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and
P
arties set forth in this Deed ofTrust.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to birn
at his address hercinbeforc set forth.
Signature State of California, County of San 1 Si of Trustor
1ateo 0 .
On � Midpeninsula Regional Open Space
before me, the undersigned, a—Notary Public District
in and for said State, personally appeared
known to D V,
me to be President of the Board of Directors" President, Board of Directors
of the public district that executed the
within instrument, and known to me. to be
the person who executed the same on behalf
of said District executed the
same pursuant
to resolution.
WITNESS my hand andofficial seal. i Pa9c Of
(Tht arc,( ror
EXHIBIT "A" TO SHORT FORM DEED OF TRUST AND ASSI(-',ITMFNT OF RENTS
(INDIVIDUAL) DATED , 1985 ( "Deed of Trust',) AMONG
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("Trustor") , TICOR
TITLE INSURANCE COMPANY OF CALIFORNIA ( "Trustee") AND
TED P. DARLING ("Beneficiary") , SECURING THE OBLIGATIONS Or
TRUSTOR UNDER T11L SECURED PROMISSORY NOTE, OF EVEN DATE HERE,-
III-TH, IN THE PRINCIPAL AMOUNT OF $141 , 000 . 00 ( "Promissory Note" ) .
Description of of Real Proerty ("property")
)
Sub-*ect. to Deed__6T_Tr_Us
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATED,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS :
The Southeast k of the Southwest k and so much of the Southwest
of the Southeast .4 of Section 26 , Township 6 South , Range 4 West,
Mount Diablo Base and Meridian, as lies Westerly of the Westerly
right of way line of a public highway (La Honda Highway) , as
granted to the County of San Mateo, by Deed from Ellen R. Bell,
dated August 26 , 1932 and recorded November 14 , 1932 in Book 580
Official Records , Page 182 , Instrument No. 16695-C.
Additional Provisions of Deed of Trust
Transfer of Property by Trustor. In order to induce Beneficiary
to make the loan secured hereby, Trustor agrees not to transfer
the Property or any portion thereof or interest therein, without
the prior written consent of Beneficiary. Beneficiary may grant
or deny such consent in its sole discretion and, if consent
should be given , any such transfer shall be subject to this Deed
of Trust, and any such transferee shall assume all obligations
hereunder and agree to be bound by all provisions contained
herein. Such assumption shall not, however, release Trustor
from any liability under the Promissory Note without the prior
written consent of Beneficiary. In the event of any such transfer
without the written consent of Beneficiary, Beneficiary shall
have the absolute right, at its option, to accelerate and declare
the entire principal balance and all accrued and unpaid interest
on the Promissory Note, and all other sums secured hereby,
immediately due and payable. Consent to one such transaction
shall not be deemed to be a waiver of the right to require
consent to future or successive -transactions . Notwithstanding
the foregoing, Beneficiary agrees not to unreasonably withhold
its consent to a transfer of the Property to another public
agency, provided that such public agency has adequate resources,
in Beneficiary' s judgment, to meet the obligations under the
Promissory 'Note, and that the interest payable thereunder will
be tax free to the Beneficiary in the same manner as if paid by
The Trustor. As used herein, "transfer" includes the sale,
conveyance or other transfer of the property, or any portion
thereof or interest therein, whether voluntary, involuntary, by
operation of law or otherwise.
Junior Lien. The obligation of Maker to Lender hereunder which
is secured by this First Deed of Trust as above mentioned is and
shall be junior and subordinate to the "I'lidpeninsula Regional Open
Space District 1982 Negotiable Promissory Notes" and the "Mid-
peninsula Regional Open Space District 1985 Promissory Notes, "
provided; however, that said subordination is subject to terms of
this First Deed of Trust (other than said subordination) . iIn other
words, in the event of default by Maker, Lender' s rights of fore-
closure, and exercise of its rights and remedies under this Deed
of Trust, are not affected or dertiini-Shed by thO above referred
to subordination.
3) T
ORDLk
APN 075-321-050
I I N 1,1 COR OF 1)'A A[I Ire
\10J)C111111411a Regional
(),,on Space District
3 "s Distel Circle. Suite ,)-I
I Altos, CAC 4022
SIACE AliOVI: TIIIS LINE FOR RECORDER'S USE
NO TRANSFER TAX DUE
Public Agency.Ac4uiring little
(Government Code Section 27383)
LN Ta n-yo. De a a
FOR A VALUABLE CONSIDERATION,
NED P. DARLING
hereby GRANT(S) to MIDP11"NINSULA REGIONAL 01'1---'N SPACE DISTRICT, a public district
the following described real property ill the
L,
COLJIAy of San Mateo State of California:
The Southeast 4 of the Southwest 4 and so much of the Southwest
of the Southeast h of Section 26, Township 6 South , Range 4 West,
Mount Diable Base and Meridian, as lies Westerly of the Westerly
right of way line of a public highway (La Honda Highway) , as
granted to the County of San Mateo , by Deed from Ellen R. Bell,
dated August 26 , 1932 and recorded November 14 , 1932 in Book 580
Official Records, Page 182 , Instrument No. 16695-C.
Subject to the following encumbrances:
1. Taxes for the fiscal year 1985-86 , a lien, not yet due or payable,
including supplemental taxes and/or personal property taxes, if any,
amount not ascertainable.
2. An easement over the herein described property in favor of the
State of California for drainage and highway slope purposes and
incidents thereto , as recorded on August 21 , 1975 in Book 6916 Official
Records, at Page 715 , Instrument No. 81441-AI .
Dated
Ned P. Darling
STAI-E OF CALIFORNIA SS.
CO[JN1'Y OF
On before rile, the tinder-
signed. a Notary Public in and for said State, personally appeared
to be the p,:l:,on__whose name.- ------Subscribed to the within
and -,tcl.nowledged that executed the same.
W11 XI,.SS ni) hand and offi'ia! seal.
Page I of
CLAIMS No. 85-14
Mti.ng 85-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date' July 15, 1985
C L A I M S
n Amount Name Description
8530 35,300.00 Ticor Title Insurance Company Purchase of Darling Property
I
I
I