HomeMy Public PortalAboutResolution - 20-29- 20201028 - San Mateo County EasemenRESOLUTION NO. 20-29
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
ACCEPTANCE OF EASEMENT EXCHANGE AGREEMENT,
AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO
EXECUTE EASEMENT DEEDS TO COUNTY, AUTHORIZING
GENERAL MANAGER OR OTHER OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AUTHORIZING GENERAL MANAGER TO ENTER INTO MITIGATION
FUNDING AGREEMENT AND AUTHORIZING GENERAL MANAGER
AND GENERAL COUNSEL TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (PULGAS RIDGE OPEN SPACE PRESERVE).
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space
District (District) finds and determines that, pursuant to Section 5540.5 of the California Public
Resources Code, the exchange of easement interests with the County of San Mateo (County) is
consistent with Public Resources Code 5540.5, and that the real properties being acquired by the
District are of equal or greater value than the real property being transferred to County, and are
necessary to be acquired for open space purposes.
SECTION TWO. The Board of Directors does hereby accept the offer contained in that
certain Easement Exchange Agreement (Agreement) between the County and the District, a copy
of which 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 on behalf of the District to acquire and
exchange the real property described therein.
SECTION THREE. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute the easement deeds between the District and County.
SECTION FOUR. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute a Certificate of Acceptance for the easement to the
District.
SECTION FIVE. The General Manager or the General Manager's designee (Real
Property Manager or Sr. Real Property Agent) is authorized to provide notice of acceptance to
the County, execute all title and escrow documents, and to extend escrow if necessary.
SECTION SIX. The General Manager is authorized to negotiate and execute a
mitigation funding agreement with the County for California red -legged frog Habitat.
SECTION SEVEN. 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.
Resolutions/2020/R-20-29 SanMateoCounyEasementExchange
1
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on October 28, 2020, 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:
Jed r, Secret
Bo d of Directors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
APPROVED:
Karen Holman, President
Board of Directors
1, 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.
nnifertWoodworth, District Clerk
Resolutions/2020/R-20 -20 SanMateoCountyEase mentEzchanye
2