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Home My Public Portal AboutResolution - 79-18- 19790425 - Kennedy Trails PropertyRESOLUTION NO. 79-18 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE/KENNEDY TRAILS 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 con- tained in that certain purchase agreement between Kennedy Trails, a limited partnership, and the Midpeninsula Regional Open Space District dated April 17, 1979, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a certificate of acceptance to any deed(s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The ,General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 79-18 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on April 25 19 79 at a regularAUPUi&M meeting thereof, by the following vote: AYES: K. Duffy, B. Green, N. Hanko, D. Wendin, H. Turner and R. Bishop NOES: None ABSTENTIONS: None ABSENT: E. Shelley ATTEST: APPROVED: Secretary, Board of e ors President, Board of Directors I, the District Clerk/Deputy 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 vote. District Clerk/Deputy District Clerk AGREEMENT TO PURCHASE REAL PROPERTY AGREEMENT TO PURCHASE REAL PROPERTY BY AND BETWEEN KENNEDY TRAILS, a limited partnership, hereinafter called "Seller", and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public 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 in the Town of Los Gatos, County of Santa Clara, State of California, consisting of two hundred ninety (290) acres, more or less, described in the property description referred to in preliminary title report No. LG454756 dated March 6, 1979 from Western Title Insurance Company of Santa Clara County, designated Exhibit "A" and attached hereto and made a part hereof by this reference, and as outlined in red on the map labelled Exhibit "B" as attached hereto and made a part hereof by this reference. 2. ACCESS. In addition to the purchased property, as referred to herein above, Seller shall, at the time of close of escrow, grant an easement sufficient for public access across Seller's remaining lands commonly known as Santa Clara County Assessor's #537-15-003 and 014, and in the form provided in Exhibit "C" as attached hereto and in- corporated herein by this reference. 3. PURCHASE PRICE: PAYMENT. The total purchase price shall be Four Hundred Thousand and No/100 Dollars ($400,000.00), payable at the close of escrow. 4. TITLE AND POSSESSION. Title and possession of the subject property shall be conveyed to District at close of escrow by grant deed free and clear of all liens, encumbrances, easements, assessments, restrictions, rights, and conditions of record except: a. Current taxes shall be prorated as of the date of close of escrow. b. Typewritten exceptions numbered 2 through 4,5 (as amended),6 and 8 as listed in preliminary title report relating to the subject property. 5. COSTS. Seller shall pay and be responsible for all escrow, recording and normal title insurance charges incurred in this trans- action. Seller shall also be responsible for and pay all costs of any reconveyance of deed of trust, full release of mortgage or any legal costs or fees incurred in order to deliver marketable title to District. 6. COMMISSIONS. The District shall have no obligation topay any real estate agent's commission or other related fees in connection with this transaction. -1- 7. LEASES. Seller warrants that there are no oral or written leases or rental agreements on all or any portion of the subject property, and Seller agrees to hold the District harmless and re- imburse the District for any and all liability, losses and expenses occasioned by reason of any lease or rental agreement on the property. 8. ACCEPTANCE. District shall have until April 30, 1979 to accept and execute this agreement, and during said period, this contract shall constitute an irrevocable offer by Seller to enter into a contract with the District on the terms and conditions set forth herein, in consideration of which. District has paid, and Seller ac- knowledges receipt of the sum of $10.00. Escrow shall close within 30 days after the date of this agreement is executed on behalf of the Board of Directors. 9. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN KENNEDY TRAILS, a. limited SPACE DISTRICT partnership APPROVED AS TO FORM: By: Floyd F. Gaines, General Partner Stanley Norton, District Counsel By: -ACCEPTED FOR RECOMMENDATION: L. Craig Britton Land Acquisition Manager RECOMMENDED FOR APPROVAL: Herbert A. Grench General Manager APPROVED AND ACCEPTED: Edward G. Shelley, President Board of Directors Dated: ATTEST: Arvilla J. Gaines, General Partner Dated: Clerk of the Board • PRELIMINARY REPORT BB/fob WESTERN TITLE INSURANCE COMPANY 525 WEST REMINGTON DRIVE. SUITE -124 SUNNYVALE. CALIF. 94007 (408) 738.2950 7877-C WREN AVE. GILROY. CALIF. 95020 (408) 842.5686 210 ALMENDRA AVE. LOS GATOS, CALIF. 95030 (408) 354.6071 • 58 SERRA SHOPPING CENTER 200 SERRA WAY MILPITAS. CALIF. 95035 (408) 262-9472 DIRECT ALL CORRESPONDENCE TO: Los Gat os 70 NOR1}( 2t o STULL• r SAN JUSE. CALIF. 9.511) 1408) 293.24.10 725 UNIVERSITY AVE. PALO ALTO, CALH-. 94301 (415) 323.0051 Bill Pennington, Realtor #10 Jackson Avenue Los Gatos, California Buyer: P. M. Associates 142 MAIN STREET LOS ALIOS. CALIF. 9402z (415) 948.1086 1645 WILLOW STREET SAN JOSE, CALIF. 95125 (408) 287-9050 Our No. LG 454756 LP 8/74 Your No. ESCROW OFFICER: Phyllis Cotta In response to the above referenced application for a policy of title insurance, WESTERN TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy 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 form. This report (and any supplements or amendments thereto) is•issucd solely for the purpose of facili- tating 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 at 7:30 a.m. on March 6, 1979 The estate or interest in the land described herein and which is covered by this report is: Parcels One, Three, and Four: A -FEE Parcel Two: AN EASEMENT Title to said estate or interest at the date hereof is vested in: KENNEDY TRAILS, a limited partnership EXHIBIT A Page 1 of (0 PAGE TWO OF PRELIMINARY REPORT -ORDER NO. LC 454756 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. Taxes for 1979-1980, a'lien not yet due and payable. 2. "Any additional amountn for real property taxes which may be assessed by reason of: (a) Improvements added subsequent to March 1, 1975: (b) Changes of ownership occurring subsequent to March 1, 1975: (c) Any final judgment determining that Article XIII A of the Constitution. of the State of California is invalid, unconstitutional or has been applied improperly: (d) Re -appraisal .of the property .values as of March 1, 1975." 3. As to Parcel Three: The right to take water and ,lay and maintain pipe lines for domestic and irrigation purposes, granted to J. P. Knowlton, by Deed recorded March 28, 1894, Book 170 Deeds, page 33. The records do not disclose the specific location of said pipes. 1I.. As to Parcel Three: The right to attach a quarter inch pipe to the half inch pipe mentioned in Encumbrance No. 4 herein, as granted .to Sarah A. Nichols, by Deed recorded April 25, 18911, Book 169 Deeds, page 302. e it -.s- w t -re-f r-'-."e= c 'fie- 1:--,-rngre-srs--an•d--e-g;re-ss-o-ver---the--e-x-i-s4ing-r o- s ---a- 2 temporary supply of water for domestic, garden, swimming pool and fire protection purposes from existing springs, tanks and reservoirs through existing pipes, as granted in the Deed to Tom B. Markley, et ux, recorded February 13, 1968, Book 8024 Official Records, page 5; casement No. 1 thcrcin being more fully de i:icd of Fc cord in De -e -d to Tom B. M 1c1 -e ,= , „ t ,, c , rc e-erd d-ge.p. b r > • 6. Agreement for temporary supply of water for domestic, garden, swi + ming `pool and fire protection purposes, from existing springs, tanks, and reservoir and through existing pipes,. as contained in the Deed to Gail Goekler and Beulah Goekler, recorded January 4, 1973 in Book 0182 Official Records, page 367. (Continued) EXHIBIT A Page of 1� PAGE THREE 01? PRELIMINARY REPORT- ORDER NO. LG 454756 7. Deed of Trust to secure payment of $120,000.00 and any other amounts secured thereby, dated May 28, 19711, recorded August 16, 1974, File No. 11832315, Book; B01411 OR, page 301., stor: Jaynes L. Lambert and Donald W. Rhinehart Western Title Insurance Company, a corporation Benevieve S. Wilson, a widow as to undivided 31.76 per cent interest; and Evely Benson, a widow as to an undivided 36.48 per cent -interest; Bank of America, N.T. & S.A., as Executor of the Will of HarryW. deceased, as to an undivided 3l.76ilson, per cent interest None shown. (c/o Bank of America, Park Center Plaza, San Jose, California) '(Not a VA or FHA) Land Conservation Contract by and between the Town of Los Gatos and Kennedy Trails, recorded. February 27, 1975, Book B298 OR, page 19 . Tru Trustee: Beneficiary : Loan No.: ie• NOTE: Taxes for 1978-79, Bill No. 537-13-0014, Code Area 03-0113 First Installment: $5.73, Paid Second Installment: $5.73, Paid Real Estate: $245.00; Improvements: None Affects Parcel One. Taxes for 1978-79, Bill No. 537-08-003,. Code Area 03-0113 First Installment: $22.88, Paid Second Installment: $22.88, Paid Real Estate: $977.00; Improvements: None Affects Parcel Two. an and EXHIBIT A Page 3 of 6 Order No. LO 454756 Those parcels of land in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: PARCEL ONE All of Lots 1 and 8; in Section 26, Township 8 South, Range 1 West., M. D. 11.. / • PARCEL TWO Non-exclusive easement as appurtenant to Parcel One above as re- served in the Deed from Abbie M. h9ahoney, recorded June a0, 1912, Book 386, Deeds, page 11115, for Wagon road purposes over a portion of the - Southeast quarter of Section 23, Township 8 South, Range 1 West, 14. D. 13. & M., being a strip of land 20 feet in width through the East 1/2 of said Southeast quarter following the line of Kennedy Road, as now or formerly used, thence from the Westerly to the Easterly line of said Section 23, and thence Southerly along said Easterly line to the Northerly line of Section 26, Township ' 8 South; Range 1 West, M. 1). M.. PARCEL TIIIIEE The East 1/2 of the West 1/2 of the Northeast 1/14 of Section 26, Township 8 South, Range I West, I-1. D. B. & M., PARCEL FOUR All of Lots 9, 10, 15 and 16, of Section Twenty-six, Township 8, South, Range One West, II.D.13. & M. EXHID2T Page - .o¢ tv The information herein sct .forth is supplemental to Preliminary Report No. LG /1756 and is made a p,1rt thereof. According to the public records;, there have been 00 deeds conveying the property described in this report recorded within a period of six months prior to the date of this report except as follows: NONE .♦ M EXHIBIT A Page . ®f Form 1 ;Pi EXHIBIT A PART" SECTION 26 1:u 5R/.vv Page b of co THIS MAP IS FOR REFERENCE ONLY. AND IS NOT A PART OF THIS POLICY • • • • ".‘ , /• • ..„, '.8,c -t:3 -':)**"-- g • . ,,i, ,✓ .. •' •`� 2. `-�: fit;: •-, . vetq V s 1; eb . '-) _.:0't.., ...V t ., •-\‘',...,i''') 7 .„:.,L ,‘ ,:.,,. .. ..., .t.,, \ ‘‘‘.:,. .. ., :,. ... .1:(6:.,, -.11:r2..,\:k;---)....,\, .‘,01:0c-.1-.-ii, alp + ; -�+ ( ) ,► , . � _--• r�l I l 1 .:;�! ,.'`� } �, .. (� "::::::/11: <: ' `•>• .iii�.-, `; t:_ I: .._() . \ - -Li'.7:::!2:\' ' ill , i. •,, . ,\ vi /_. ..ii ' • i . .. . ., ..., . :" • '. rv. :!.. 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' • •�' • •• • • • EXHIBIT C Description of Access TOGETHER WITH an easement for ingress and egress, the installation of utilities, and public trail purposes as prescribed by grantee, sixty (60) feet in width plus any necessary areas for cuts and fills, or the minimum width as required by the government agencies having jurisdiction over the subject property; the centerline of said easement is the centerline of the existing road, as it existed on April 17, 1979, traversing the remaining lands of grantor des- cribed as (legal description of Santa Clara County assessor's parcel Nos. 537-15-003 and 014 included herein) in a generally southerly direction from the southerly line of Kennedy Road to the most northerly boundary of grantor's remaining land common to the most southerly boundary of property being acquired by the grantee herein. EN.H1BIT Pj2 1 Of 1