HomeMy Public PortalAboutResolution - 79-20- 19790516 - Estab Policy for DedicatRESOLUTION NO. 79-20
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OEPN SPACE DIS-
TRICT ESTABLISHING A POLICY FOR THE DEDI-
CATION OF DISTRICT LANDS
DEDICATED LANDS POLICY
WHEREAS, this Board desires to reaffirm and memorialize
its policy concerning the status of District lands, now owned
or later acquired, with respect, to the distinction between
dedicated and nondedicated land;
NOW, THEREFORE, BE IT RESOLVED that the policy of the
Midpeninsula Regional Open Space District concerning the status
of land it owns or administers is as follows:
1. Dedicated Land. Dedicated land means all real property,
or interests therein, formally dedicated for park purposes by re-
solution of this Board.
2, Undedicated Land. Undedicated land means all real
property, or interests therein, that is not "dedicated land" as
defined above. Undedicated land shall be considered to be held
in a "planning reserve" status and shall not be considered to be
dedicated for park purposes within the meaning of Section 5540
of the Public Resources Code.
At the time of acquisition the Board shall decide whether
or not the acquired parcel of land shall be dedicated land.
Normally undedicated lands within the District's boundaries
will be held for future dedication to park or open space purposes,
but only after the necessary painning, boundary adjustments,
provision for permanent access and other changes in configuration,
which may involve the disposal or exchange of interests in all or
portions of such lands, have been completed. Nevertheless, un-
dedicated land may be used on a limited basis for park purposes,
but any such use shall not in any way constitute an express or
implied dedication of such lands for park purposes within the
meaning of Section 5540 of the Public Resources Code.
Any land held in a planning reserve status for which the
study period has not been expressly extended shall without fur-
Page two
ther action, be deemed dedicated two years after the date
of the District's acquisition of title, or two years after the
date of adoption of this resolution, whichever is later.
3. Transfer -Dedicated Land. Dedicated land may not be
conveyed except as provided in Section 5540 of the Public Resour-
ces Code.
4. Transfer- Undedicated Land. Undedicated land may be
conveyed, transferred, leased or disposed of at the sole dis-
cretion of the Board of Directors.
5. This Resolution supersedes Resolution 79-14, The
changes contained herein are technicalclarifications of the intent
of Resolutions 79-12 and 79-14.
RESOLUTION NO. 79-20
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on
May 16 . Z979
at a regular/special meeting thereof, by the following vote:
AYES:Katherine Duffy, Daniel Wendin, Richard Bishop, Barbara
Green, Harry Turner and Edward Shelley
NOES: None
ABSTENTIONS: None
ABSENT: Nonette Hanko
ATTEST: APPROVED:
rP V -�Y� S�cretar Board o Dfe 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