HomeMy Public PortalAboutResolution - 75-23- 19751008 - Approve Acqusit of propeRESOLUTION NO. 75-23
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL PARK DISTRICT, FINDING
AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
PROPERTIES FOR PUBLIC USE, TO WIT; FOR PUBLIC
PARK, RECREATION AND OPEN SPACE PURPOSES, DE-
SCRIBING THE PROPERTIES NECESSARY THEREFOR AND
AUTHORIZING AND DIRECTING ITS RETAINED LEGAL
COUNSEL TO DO EVERYTHING NECESSARY TO ACQUIRE
ALL INTERESTS THEREIN (FREMONT OLDER OPEN SPACE
PRESERVE ADDITION)
WHEREAS, the Board of Directors of the Midpeninsula
Regional Park District is authorized to acquire property for
public purposes, pursuant to Division 5, Chapter 3, Section
5542, of the Public Resources Code, State of California, and
WHEREAS, the property, rights, and interests de-
scribed in Exhibit A attached to this resolution and incorporated
herein by reference (the "property") are necessary for public
park, recreation, and open space purposes, said purposes consti-
tuting a public purpose,
NOW, THEREFORE, BE IT RESOLVED that the Board of
Directors of the Midpeninsula Regional Park District does hereby
find and determine that the public interest and necessity require.
the acquisition of the property for public park, recreation and
open space purposes;
BE IT FURTHER RESOLVED that acquisition of the fee
(unless a lesser estate is described in Exhibit A) is necessary
therefor; and
BE IT FURTHER RESOLVED that the Board of Directors
of the Midpeninsula Regional Park District does hereby find and
determine that said property is located so as to be most com-
patible with the greatest public good and cause the least private
injury; and
BE IT FURTHER RESOLVED that the General Manager be
and is hereby authorized and directed to cause to be negotiated
and/or prepared all appropriate applications to governmental
agencies for grants of funds or property, legal documents and
related instruments for acquisition of title to the property by
gift and/or purchase, all upon terms and conditions discussed
by or presented to this Board at its meeting this date or custom-
ary to this District in like transactions; provided, however,
that each such application, document and instrument shall be
subject to approval as to form and content by this Board prior
to its execution or delivery on behalf of the Midpeninsula
Regional Park District; and
BE IT FURTHER RESOLVED that the General Manager be
and is hereby authorized to hire all appraisers, engineers and
other experts necessary or appropriate to the acquisition of
said property up to an amount not to exceed $15,000.00 for said
services; and
BE IT FURTHER RESOLVED that the law firm of Rogers,
Vizzard and Tallett be and the same is hereby retained, in-
structed and directed to do everything necessary to acquire all
interests in the property described in Exhibit "A", and they are
further authorized to prepare and prosecute such condemnation
proceedings in the proper court having jurisdiction thereof as
are necessary for such acquisition.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESOLUTION NO.
75-23
PASSED AND ADOPTED by the Board of Directors of the
Midpeninsula Regional Park District on October 8 , 19 75
at a regular meeting thereof, by the following vote:
AYES:
NOES:
K. Duffy, N. Hanko, B. Green, E. Shelley and D. Wendin
None
ABSTAIN: None
ABSENT: None
ATTEST:
APPROVED:
I, the Secretary of the Midpeninsula Regional Park District,
hereby certify that the above is a true and correct copy of a resolu-
tion duly adopted by the Board of Directors of the District by the
above vote at a meeting thereof duly held and called on the above
date.
Secretary