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HomeMy Public PortalAboutResolution - 04-49- 20041215 - PGE SBC Easement Modifica RESOLUTION NO. 04-48 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF THE AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING THE PRESIDENT OF THE BOARD OR OTHER APPROPRIATE OFFICER TO EXECUTE A BERM EASEMENT DEED TO NORTHERN CALIFORNIA PRESBYTERIAN HOMES & SERVICES, AND TO EXECUTE CERTIFICATES OF ACCEPTANCE OF AN OPEN SPACE EASEMENT DEED AND A CONSERVATION EASEMENT DEED TO DISTRICT, AND TO EXECUTE A LANDSCAPE LICENSE AGREEMENT AND A UTILITY LINE UNDERGROUNDING PERMT TO ENTER AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION (WINDY HILL OPEN SPACE PRESERVE—NORTHERN CALIFORNIA PRESBYTERIAN HOMES & SERVICES) f Directors of the Midpeninsula Regional Open Space District does resolve as follows: h Board o p p The g p I�� I Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the Agreement to Exchange Interests in Real Property between the Northern California Presbyterian Homes& Services 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 of the Board or appropriate of ficers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a Grant Deed of Berm Easement conveying certain real property interests to Northern California Presbyterian Homes & Services. Section Three. The General Manager, President of the Board or other appropriate officer is authorized to execute Certificates of Acceptance of the Grant Deed of Open Space Easement and Grant Deed of Conservation Easement conveying certain real property interests being acquired by the District. Section Four. The President of the Board or other appropriate officer is authorized to execute an Easement Modification Deed from Pacific Gas and Electric and Approval of an Amendment of Easement with SBC California, with associated Certificates of Acceptance, modifying and amending real property interests held by Pacific Gas& Electric and SBC California in District land. Section Five. The General Manager is authorized to execute a License Landscape Agreement and Utility Line Undergrounding Permit to Enter with Northern California Presbyterian Homes& Services. Section Six. The General Manager of the District shall cause to be given appropriate notice of acceptance. The General Manager and General Counsel are authorized to execute any and all other documents necessary or appropriate to the closing of the transaction approved in this Resolution. The General Manager and General Counsel are further authorized to approve minor, or technical revisions to the attached Agreements, Deeds, and Permit that do not involve any substantial change to any terms of the Agreements, Deeds and Permit, and which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * I RESOLUTION No. 04-48 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on December 15, 2004, at a Special Meeting thereof, by the following vote: AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens NOES: None ABSTAIN: None ABSENT: None ATT APPR OVED: ecretar President Board of Directors 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 day. Distr' Jerk RESOLUTION NO. 04-49 PASSED AND ADOPTED by the Board of Directors of the Midpeninsu Regional Open Space District on December 15, 2004, at a Special Meeting thereof, by t e following vote: AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, Little, K. Nitz, P. Siemens NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: ecreta y President Board of Directors 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 day. k Distr' erk RESOLUTION NO. 04-49 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF THE AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING THE PRESIDENT OF THE BOARD OR OTHER APPROPRIATE OFFICER TO EXECUTE A BERM EASEMENT DEED TO NORTHERN CALIFORNIA PRESBYTERIAN HOMES & SERVICES, AND TO EXECUTE CERTIFICATES OF ACCEPTANCE OF AN OPEN SPACE EASEMENT DEED AND A CONSERVATION EASEMENT DEED TO DISTRICT, AND TO EXECUTE A LANDSCAPE LICENSE AGREEMENT AND A UTILITY LINE UNDERGROUNDING PERMT TO ENTER AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALI, OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION (WINDY HILL OPEN SPACE PRESERVE—NORTHERN CALIFORNIA PRESBYTERIAN HOMES & SERVICES) 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 Agreement to Exchange Interests in Real Property between the Northern California Presbyterian � Homes & Services and the Mid peninsula Regional Open Space ace District, a copy y of which is attached hereto h Board or appropriate o officers to of e and by reference made a part hereof, and authorizes the President execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a Grant Deed of Berm Easement conveying certain real property interests to Northern California Presbyterian Homes& Services. Section Three. The General Manager, President of the Board or other appropriate officer is authorized to execute Certificates of Acceptance of the Grant Deed of Open Space Easement and Grant Deed of IConservation Easement conveying certain real property interests being acquired by the District. Section Four. The President of the Board or other appropriate officer is authorized to execute an Easement Modification Deed from Pacific Gas and Electric and Approval of art Amendment of Easement with SBC California, with associated Certificates of Acceptance, modifying and amending real property interests held by Pacific Gas& Electric and SBC California in District land. I j Section Five. The General Manager is authorized to execute a License Landscape Agreement and Utility Line Undergrounding Permit to Enter with Northern California Presbyterian Homes& Services. i Section Six. The General Manager of the District shall cause to be given appropriate notice of acceptance. � The General Manager and General Counsel are authorized to execute any and all other documents necessary or appropriate to the closing of the transaction approved in this Resolution. The General Manager and General Counsel are further authorized to approve minor, or technical revisions to the attached Agreements, Deeds, and Permit that do not involve any substantial change to any terms of the Agreements, Deeds and Permit, and which are necessary or appropriate to the closing or implementation of this transaction. i RESOLUTION No. 04-49 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on December 15, 2004, at a Special Meeting thereof, by the following vote: AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens NOES: None ABSTAIN: None ABSENT: None ATTEST: APP ROVED: ecreta y President Board of Directors 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 day. list®r* erk RESOLUTION NO. 04-49 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF THE AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING THE PRESIDENT OF THE BOARD OR OTHER APPROPRIATE OFFICER TO EXECUTE A BERM EASEMENT DEED TO NORTHERN CALIFORNIA PRESBYTERIAN HOMES & SERVICES, AND TO EXECUTE CERTIFICATES OF ACCEPTANCE OF AN OPEN SPACE EASEMENT DEED AND A CONSERVATION EASEMENT DEED TO DISTRICT, AND TO EXECUTE A LANDSCAPE LICENSE AGREEMENT AND A UTILITY LINE UNDERGROUNDING PERMT TO ENTER AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION (WINDY HILL OPEN SPACE PRESERVE—NORTHERN CALIFORNIA PRESBYTERIAN HOMES & SERVICES) 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 Agreement to Exchange Interests in Real Property between the Northern California Presbyterian Homes& Services 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 of the Board or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a Grant Deed of Berm Easement conveying certain real property interests to Northern California Presbyterian Homes & Services. Section Three. The General Manager, President of the Board or other appropriate officer is authorized to execute Certificates of Acceptance of the Grant Deed of Open Space Easement and Grant Deed of Conservation Easement conveying certain real property interests being acquired by the District. Section Four. The President of the Board or other appropriate officer is authorized to execute an Easement Modification Deed from Pacific Gas and Electric and Approval of an Amendment of Easement with SBC California, with associated Certificates of Acceptance, modifying and amending real property interests held by Pacific Gas & Electric and SBC California in District land. Section Five. The General Manager is authorized to execute a License Landscape Agreement and Utility Line Undergrounding Permit to Enter with Northern California Presbyterian Homes & Services. Section Six. The General Manager of the District shall cause to be given appropriate notice of acceptance. The General Manager and General Counsel are authorized to execute any and all other documents necessary or appropriate to the closing of the transaction approved in this Resolution. The General Manager and General Counsel are further authorized to approve minor, or technical revisions to the attached Agreements, Deeds, and Permit that do not involve any substantial change to any terms of the Agreements, Deeds and Permit, and which are necessary or appropriate to the closing or implementation of this transaction.