HomeMy Public PortalAboutResolution - 21-41- 20211110 - Johnston Ranch PurchaseRESOLUTION 21-41
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT ACCEPTING THE PURCHASE
AND SALE AGREEMENT, AMENDING THE FISCAL YEAR 2021-22
GENERAL FUND CAPITAL BUDGET, AUTHORIZING GENERAL
MANAGER OR OTHER APPROPRIATE OFFICER TO EXECUTE
CERTIFICATES OF ACCEPTANCE FOR GRANTS TO DISTRICT AND
GRANTS FOR THE FUTURE TRANSFER OF PARCELS TO PENINSULA
OPEN SPACE TRUST (POST), AFTER A LOT LINE ADUSTMENT, AND
TO EXECUTE ATTACHMENTS TO THE AGREEMENT AND ANY AND
ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING OF THE TRANSACTION (MIRAMONTES RIDGE OPEN
SPACE PRESERVE - LANDS OF PENINSULA OPEN SPACE TRUST)
WHEREAS, the Board of Directors approves the District's purchase of the Johnston
Ranch Uplands Property ("Property") as set forth in the report, attached hereto and incorporated
herein by this reference; and
WHEREAS, as part of the transaction, the District and POST have agreed to apply for a
lot line adjustment to create a 644 -acre Uplands property to be owned in fee by the District, and
a 224 -acre Farm property owned in fee by POST, and accordingly the Board wishes to
authorize the General Manager to enter into Lease and Management Agreement with POST
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District
(District) does hereby accept the offer contained in that certain Purchase and Sale Agreement
between Peninsula Open Space Trust (POST) and the Midpeninsula Regional Open Space
District, a copy of which purchase agreement is attached hereto and by reference made a part
hereof, and authorizes the President of the Board of Directors, General Manager, or other
appropriate officer to execute the Agreement and all related transactional documents and lot line
adjustment with the County on behalf of the District to acquire the real property described
therein ("the POST Johnston Ranch Property").
SECTION TWO. The Board authorizes the expenditure of $4,800,000.00 covering
the purchase of the Johnston Ranch Property, including an option deposit of $10,000.00.
SECTION THREE. The General Manager, or General Manager's designee is
authorized to expend up to $110,000.00 to cover the cost of title insurance, escrow fees,
appraisal, San Mateo County lot line adjustment application fees, planning consultant services,
outside legal services, environmental consultant services, survey, recordation
fees and miscellaneous costs related to this transaction. The current FY22 budget includes
$49,250 for these expenses, which would require an additional adjustment of $60,750.
SECTION FOUR. The Board approves an amendment to the Budget and Action
Plan for Fiscal Year 2021-22 by increasing the Measure AA Fund Capital budget in the amount
Resolutions/2021/ R-21-41 JolmstonRancbPurofiase 1
of $4,800,000.00 for the purchase, and $60,750 for associated costs related to this transaction, for
a total budget adjustment of $4,860,750. Except as herein modified, the FY 2021-22 Budget and
Action Plan, Resolution No. 21-18 as amended, shall remain in full force and effect.
SECTION FIVE. The General Manager or President of the Board of Directors and/or
other appropriate officer is authorized to enter into Lease and Management Agreement with
POST for management of the Property and any extensions thereof until the Purchase of the
property and the Assignment of Grazing Lease with Pacheco Ranch for a 5 -year term with the
option to extend for one additional 5 -year term.
SECTION SIX. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute a Certificates of Acceptance, and the Grant Deeds on
behalf of the District.
SECTION SEVEN. The General Manager or the General Manager's designee is
authorized to provide notice of acceptance to the seller, execute all escrow documents and to
extend escrow if necessary
SECTION EIGHT. The General Manager or the General Manager's designee is
authorized to rescind Land Conservation Agreements with the County of San Mateo ("County"),
and replace with Open Space Easement contracts with the County as part of the lot line
adjustment.
SECTION NINE. The General Manager and General Counsel are further authorized to
approve any technical revisions to the attached Agreement and documents, which do not involve
any material change to any term of the Agreement or documents, which are necessary or
appropriate to the closing or implementation of this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on November 10, 2021, at a regular meeting thereof, by the following vote:
AYES: CYR, HASSETT, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO,
RIFFLE, SIEMENS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Larry • , ssett, Secretary
Boar: of Directors
Curt Riffle, President
Board of Directors
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Hilary Stevenson, General Counsel
APPROVED AS TO FORM:
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.
enniferc` % oodworth, District Clerk
Resolutions/2021/ R-21-41 JohnstonRanchPurchase 3