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HomeMy Public PortalAboutResolution - 80-38- 19800723 - JPA Purchase Edgewood StRESOLUTION NO. 80-38 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR PURCHASE OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF PARK,. RECREATION, SCENIC, AND OPEN SPACE EASEMENT TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EDGEWOOD STATE COLLEGE SITE) 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 approve and authorize execution of the Joint Powers Agreement for the purchase of real property between the County of San Mateo 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 or other 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.certificate of acceptance to the deed granting a Park, Recreation, Scenic, and Open space easement to the Midpeninsula Regional Open Space District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to County. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.* RESOLUTION NO. 80-38 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula. Regional Open Space District on July 23 , 1980 at a regular/ lc meeting thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Barbara Green, Nonette ' Hanko, Harry Turner, and Richard Bishop. NOES: None. ABSTENTIONS: None. ABSENT: Edward' Shelley ATTEST: APPROVED: S icretary, Board of Directors President, Board of Directors I, the District ClerkjAammatyxDistrirtxga:emilK 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. Distr k Clerk • • errl �f () 1) ail �'•:i :• :�:�•.• pia•::• V We . he' ••:1.,1. 1 ..1;---..„.., - •'''...' 1.,:..:"'..:=---.4-•:747 . .:"---_____/-'',1„2::"..4.,"••'-/------\,----,.....\ %,,,.52..e''.sz ," � la.�- ' •,•moo., 1----\•\,,.. -9.-e's/"-•;IX,,,"\c'.':',;\-----:-'--.)`/-'i;..',.' rc-i-----'11r\--1",--- 1 r i '%. t.; 1..) Yk(' \'Zi;':;1 : aoiE9 ------ 200 ••• %•�� i .wy •NN •. • Y .•• N•.N.• v ,, • S,equgl FjospiW`� 200 EXHIBIT AI- SITE MAP (USGS) STATE COLLEGE SITE fl 1 - 2040 North fo.• •.z• -•: .:: MIV.I •r ::=:•'r+.•; .;r:. .y► • :J s -_S. • ;fir- rr.;rrss►: - c. JOINT POWERS AGREEMENT THIS AGREEMENT made this day of , 1980, by and between the Nidpeninsula Regional Open Space District, a Public District, hereinafter referred to as "DISTRICT", and the County of San Mateo, a political subdivision of the State of California, hereinafter referred to as "COUNTY". W I T N E S SETH : • RECITALS: A. DISTRICT and COUNTY are "public agencies" within the meaning of Government Code Section 6502, and desire to enter into a Joint Exercise of Powers Agreement pursuant to the provisions of California Government Code Section 6500 et seq., for the • reasons and upon the basis hereinafter set forth. B. COUNTY is entering into an agreement to purchase from the State of California pursuant to Chapter 792,. Statutes of 1978, certain real property located partially within the City of Redwood City, California, and partially within an unincorporated area of San Mateo County, California, commonly known as the former Edgewood State College Site, (hereinafter "Edgewood Site"); consisting of .approximately 477 acres. A copy of the purchase agreement is attached hereto, designated exhibit "A" and incorporated herein by this reference. C. Said acquisition is of mutual benefit to the parties hereto and to the public in that said acquisition as implemented by this agreement will serve -Co protect valuable public open space and recreation lands in perpetuity. D. The purpose of this Agreement is to provide for funding to purchase the Edgewood Site for open space and recreation purposes by DISTRICT and COUNTY, to establish the final vesting of title to said property, and to designate the responsibility for the manage- ment and maintenance of the portion of said property devoted to park, recreation and open space use as described in exhibit "B" as attached hereto and incorporated herein by this reference (herein- after, "Edgewood Park"). NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Property. COUNTY. and DISTRICT agree to participate jointly in the purchase of the Edgewood Site, being legally described in the attachment to said purchase agreement (exhibit "A"), on the terms and subject to the conditions set forth in this Agreement. 2. Purchase Price. DISTRICT and COUNTY agree to contribute toward the total purchase price of Two Million Three Hundred Thirty Five Thousand and No/100 Dollars ($2,335,000.00).in the following manner • a. COUNTY shall contribute and deposit in escrow $1,385,000 together with all necessary documents for closure within 10 days after notification from the State of California that state is ready, willing and able to close escrow in accordance with said purchase.agreement. b. DISTRICT shall contribute and deposit in escrow $950,000 together with all necessary documents for closure within 10 days after notification from the State of California that state is ready, willing and able to close escrow in accordance with said purchase agreement.. 3. Grant Funds. It is understood that COUNTY anticipates receiving a Federal financial assistance grant of Land and Water Conservation Funds in the maximum amount of Nine Hundred Sixty Five Thousand Two Hundred and No/100 Dollars ($965,200) to reimburse the parties for a portion of said purchase price. It is hereby agreed that the net proceeds of said Grant after deduction of the state surcharge shall be divided equally between COUNTY and DISTRICT. (At the current state surcharge rate of 1.6% of the total project amount, each party would receive a $467,400.00 reimbursement). COUNTY shall remit to DISTRICT Distict's share within ten (10) days of receipt of the net grant reimbursement from the Federal Goverment, through the State of California. It is further agreed that the total project area for said Federal Land and Water Conservation Fund Grant shall be the Edgewood Park portion of the property as described in said exhibit "B". 4. Close of Escrow. It is agreed by the parties hereto that escrow shall close on or before November 7, 1980, in accordance with Clause 2 hereinabove, through an account with First American Title Company, San Mateo County Division, 555 Marshall Street, Redwood City, California 94064, escrow No. T-270285-JBT. 5. Escrow Costs. Any and all title and escrow fees incurred in this transaction shall be shared by COUNTY and DISTRICT in followin proportions: a.. COUNTY 59% of total cost b. DISTRICT 41.% of total cost 6. Title. Title to said property shall vest in COUNTY. Concurrently with the close of escrow, as abovementioned, COUNTY shall convey to DISTRICT a recorded, Park, Recreation and Open Space Easement upon, over and across the portion of Edgewood Park and in the form as described in exhibit "C" as attached hereto and incorporated herein by this reference, and DISTRICT agrees to accept said easement. COUNTY• shall furnish DISTRICT a duplicate copy of the policy of Title Insurance and escrow closing statement. - 7. Hold Harmless. It is agreed that COUNTY shall defend, hold harmless and indemnify DISTRICT, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise out of the provisions of this agreement and which result from negligent acts and/or omissions of COUNTY and its officers, agents and/or employees. It is further agreed that . DISTRICT shall defend, hold harmless and indemnify COUNTY, its officers, agents, and/or employees from and and all claims for injuries to persons or damage to property which arise out of the provisions of this agreement and which result from negligent acts and/or omissions of DISTRICT and its officers, agents and/or employees. In the event of the concurrent negligence of DISTRICT, its officers, agents and/or employees and of COUNTY, its officers, agents, and/or employees then the liability for any and all claims for • injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" as presently in effect or as may hereafter be modified. - 8. Management and Review. COUNTY shall be responsible.for all planning, development and management functions. for Edgewood Park (exhibit "B") subject to the Park, Recreation and Open Space Easement (exhibit "C") as abovementioned. DISTRICT shall have the right of 'design review and comment privileges with respect to all park and recreation development projects proposed for Edgewood Park prior to final approval by COUNTY. DISTRICT shall also have review and comment privileges on all environmental documents prior to acceptance and/or approval by COUNTY, as provided for in the grant of said Park, Recreation, Scenic and Open Space Easement. • 9. Sale as Surplus. It is understood and agreed that in the event said property is surplus and sold by COUNTY, with the mutua-1 consent of DISTRICT as provided for in said Park, Recreation and Open Space Easement, the proceeds of said sale shall be shared by DISTRICT and COUNTY in the same percentages stipulated in Paragraph 8 above. 10. Income. It is understood and agreed that COUNTY shall maintain, on a fiscal year basis, adequate accounting records of income generated and expenses incurred in connection with the management and operation of said Edgewood Park as described in exhibit "B". It is further agreed that any net income from the use or development of said Edgewood Park (after subtracting identifiable COUNTY costs of promoting, administering and managing said areas of development) shall be shared in the following proportions: A. County 56% B. District .44% Said net income shall be computed separately for each fiscal year and shall be paid by COUNTY to DISTRICT by August 31 following. the end of each fiscal year. 11. Publicity. COUNTY and DISTRICT shall share equal recog- nition on all park or public facility signs, brochures and all other public information about the site. 12. Amendments. This agreement may be amended in writing at any time by mutual consent of the parties hereto. 13. The provisions hereof shall inure to the benefit . of and bind the successors and assigns of the parties hereto. In witness whereof, the parties have hereunder subscribed their names the day and.year first above written. • COUNTY OF SAN MATEO • MIDPENINSULA REGIONAL OPEN SPACE DISTRICT • By: By: Chairman,. Board of Supervisors Barbara Green, President Attest: Attest: Clerk of the Board Clerk of the Board AGREEMENT FOR THE SALE OF REAL PROPERTY This Agreement entered into this day of , 1980, by and between the State of California, hereinafter referred to as "Sate," acting by and through its Director of General Services, and the County of San Mateo, a political subdivision of the State of California, hereinafter referred to as "County." W ITNESSET H: WHEREAS, pursuant to Chapter 792, Statutes of 1978, County desires to acquire, and State desires to sell the fee to the approxi- mately 477 acre parcel lying partially within the City of Redwood City, California and partially within an unincorporated area of San Mateo County, California, and commonly known as "the former Edgewood State College Site," as described in Exhibit "A"; NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. State agrees to sell and County agrees to purchase the property described in Exhibit "A", as attached hereto and incorporated herein by this reference. The purchase price shall be Two Million, Three Hundred Thirty -Five Thousand and No/100 Dollars ($2,335,000.00), payable at the .close of escrow, subject to the terms and conditions of Clause number 4 hereinbelow. 2. State will convey the property to County 'by grant deed after approval and execution of this document, and upon payment by County of said purchase price. 3. State will deposit the necessary documents and the County will deposit the monetary consideration into the following escrow account for processing the closing of the transaction: First American Title Insurance Company San Mateo County Division 555 Marshall Street Redwood City, CA 94064 Escrow #T 270285-JPT 4. The subject property shall be conveyed subject to two • locations for mineral rights entry. The location of two,one-half acre sites for -entry to mineral deposits below 200 feet shall be in locations shown in red on map attached hereto as Exhibit "B". It is further agreed that the escrow will be closed no later than November 7, 1980 and that in the event it is not closed by this date, this agreement will terminate without liability for either party. Escrow may be extended if agreed in 'writing by both the State and County. _1_ EZ4//45/7" ; 5. The subject property shall be conveyed subject to these title • exceptions and reservations as may be acceptable to County. In the event that acceptable title cannot be provided to. County, this agreement will terminate without liability for either party. 6. County shall pay all normal escrow costs and related expenses incurred in this transaction. County shall pay any and all title insurance fees, if required by County. 7. Any and all rents shall be prorated as of the close of escrow. All rents collected by State applicable to any period thereafter shall be paid to County. All security deposits shall be paid to County minus rental and/or damages due to State. Either party hereto collecting rents to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provisions of this Clause. State hereby assigns all rental agreements to County as of the date of passage of fee title to County. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES By EDWARD R. MILLER Chief Land Agent Real Estate Services Division COUNTY OF SAN MATEO By APPROVED: STATE PUBLIC WORKS BOARD By THOMAS F. SHERMAFt N Administrative Secretary /m\ GRANT OF PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT WHEREAS, the Midpeninsula Regional Open Space District, a public district, hereinafter referred to as "DISTRICT", and the County of San Mateo, a political subdivision of the State of California, hereinafter referred to as "COUNTY" have heretofore entered into that certain Joint Powers Agreement dated 1980; and WHEREAS, pursuant to which agreement, DISTRICT agreed to participate in purchase costs and fees associated with the COUNTY acquisition of a portion of the former Edgewood State college site as described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, DISTRICT desires that said real property shall forever remain as part of the Parks, Recreational, Ecological and Aesthetic Resources of the Midpeninsula area; and WHEREAS, DISTRICT is organized to preserve and conserve open space, scenic and natural lands for aesthetic, recreational and ecological purposes and to conserve and protect the animal, bird. and plant populations thereon; and - WHEREAS, it is now the desire and intention of COUNTY and DISTRICT, pursuant to said Joint Powers Agreement, that -the lands described in Exhibit "A" be made subject to an easement for Park, Recreation, Scenic and Open Space purposes for•the benefit of DISTRICT, its successors and assigns. - NOW, THEREFORE, in consideration of the substantial payment being made toward the purchase..of.:said property by the parties, the public benefit to be derived therefrom, and in order to insure that said property will be preserved in perpetuity, COUNTY hereby grants to DISTRICT, and DISTRICT hereby accepts from COUNTY an easement upon, on, over, under, and across that certain real property as described in said Exhibit "A" for Parks, Recreation, Scenic and Open Space purposes, as follows: 1. COUNTY shall manage and maintain the land, and provide rules and regulations for its uses, in accordance with acceptable practices of parks and recreation depart- ments and agencies of the State of California. 2. If the property described herein is sought to be acquired, appropriated or condemned for.another public use by any public or quasi -public entity, the presumptions contained in Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resource Code shall apply and be asserted. "%c" 3. The restrictions hereby imposed upon the use of the subject property and the acts which COUNTY shall refrain from doing in connection with this easement shall be as follows: • • (a) No buildings, structures or other new improvements shall be placed or constructed upon the subject property without prior review by DISTRICT as • hereinafter provided. Any such buildings shall be public service facilities installed for. the benefit of the subject property and consistent with the intent and purpose of this agreement or public service facilities installed pursuant to an authorization by the Board of Supervisors of COUNTY with the advice of DISTRICT pursuant to Clauses 6 and 7': hereunder. • (b) No advertising signs of any kind or nature shall be located on or within the subject property except for identification purposes consistent with the public use of said property for parks, recreation, scenic and open space purposes. (c) No vegetation shall be planted on the subject property except forapproved soil management, erosion control, reforestation and planting of native California vegetation, and normal landscaping and screening of park and recreation areas and public facilities in connection therewith, consistent with the intent and purpose of this instrument. (d) The general topography and natural vegetation of the subject property shall be maintained in it.s present condition and no excavation or other topographic changes shall be made except for specific park, recreation and open space projects approved in the manner provided for in Clauses 6 and 7 hereinbelow and consistent with the intent and purpose of this agreement. (e) No use of the subject property which does or will materially alter the natural landscape or open - space character of the subject property shall be made other than those specified herein. (f) No trash, waste, or other unsightly or offensive materials shall be deposited on the subject property. Page Three • (g) There shall be no burning or cutting of trees or plants (whether dead or alive), spraying with biocides, grazing domestic animals, or disturbing or changing the natural habitat in any manner, except as a part of ,an approved park and recreation development plan as here- in provided or to control poison oak and/or exotics. (h) No public use other than parks, recreation, scenic or open space uses as provided herein shall be allowed on the subject property. (i) There shall be no operating or permitting the operation on the subject property of any motor bike, trail bike, go-cart or other motor -driven or motor -powered vehicles except those motor - driven or powered vehicles reasonably necessary for the use by COUNTY to use, develop, patrol or maintain the subject property or by the public to reach the recreational facilities provided or in conjunction with public recreational activities, such as golfing, but in accordance with the allowed uses pursuant to the terms, conditions, restrictions and covenants set forth for the subject property herein. (j) • COUNTY shall make every effort not to damage, destroy or otherwise infringe upon. the areas of the subject property currently occupied.by colonies of rare and/or endangered plant species except as part of an approved park and recreation development plan as provided herein, which shall specifically address the ecologic importance of such colonies. Said plant colonies include, but are not limited.to, the following: 1) Acanthomintha obovata variety duttonii: (San Mateo Thornmint) 2) Fritillaria liliacea: (White Fritillary) 3) Chaetopappa bellidiflora: (White -Rayed Chaetoppapa) 4) Hesperolinun congestum: (Darin Dwarf Flax) - 5) Brodiaea penduncularis: (Long Reyed Triteleia) 6) Brodiaea coronaria: (Harvest Brodiaea) Page. Four (k) The development of said property for recreational use shall not include any amusement or "thecae park" development or any use that would require more than 5% of the total land area to be paved or otherwise developed with impervious surface (roads, parking lots, roofs, tennis courts, swimming pools, or similar development). (1) There shall be no extraction of minerals or native resources from the land, other than as provided for in the deed to COUNTY from the State of California. (m) There shall not be.constructedon the land any residential, commercial or industrial structure including, without limitation, any hotel, inn, condominium or rental apartment project, except for the following possible uses: 1. possible residential use in connection with COUNTY maintenance and patrol of the subject property, and 2. possible restaurant and clubhouse•facilities constructed in accordance with an approved park and recreation development plan as herein provided. • 4. After consultation with DISTRICT andobtainingDISTRICT'S comments as hereinafter provided, COUNTY shall have the right to maintain, use, construct, install, restore, and make any and all improvements which may be necessary or useful or incidental to the enjoyment by the public of parks, recreation, open space, wildlife preservation, scenic, scientific or educational purposes, which improvements may include, by way of illustration, but not limitation, parks, campgrounds, camp sites, picnic areas, bicycle trails, bridle paths, scenic lookouts, golf courses and necessary facilities incidental thereto, tennis courts, swimming pools and necessary facilities incidental thereto, areas reserved for the preservation of wildlife and plants, historical or memorial monuments, roads, utilities, fences, cabins, shelters, water supply and distribution facilities, sewage treatment and disposal facilities, refuse collection •facilities, museums and exhibit buildings. If DISTRICT and the authorized representatives of COUNTY are unable to agree within a reasonable time on the disposition of any matter as to which they are required to consult and comment as provided herein, such matter shall be referred to the San Mateo County Board of Supervisors for determina- tion, which determination shall be final and binding on DISTRICT. • (1'41 ,•m\ Page Five 5. Any division or subdivision of the subject property, or conveyance of a portion of or the whole of said property shall be possible only by mutual consent of the parties hereto. is 6. DISTRICT shall have the right of design review as • herein defined with respect to any and all improvements and/or development proposed to be constructed on the property or modifications thereof. This. right shall not pertain to the maintenance or improvement of presently existing structures on said property. Design Review is intended to provide a process for review by the DISTRICT of development in environmentally and ecologically sensitive areas in order to assure that development will be harmonious with other uses in the general vicinity, will be compatible with environmental and ecological objectives, and will conform to the terms, conditions and restrictions of the easement as conveyed herein.. With regard to the development of the land, grading or construction of any improvements on the property, an application for design review shall be made to the DISTRICT. The application shall include a site plan showing the location of all proposed buildings, structures,•pianted or landscaped area, paved areas, proposed grading or other development or improvements, and indicating the proposed uses or activities on the site. Within 30 days from the filing of the application DISTRICT, DISTRICT shall review the site plan and and shall make its recommendations based upon the objectives: with drawings, following •(1) To ensure construction.and operation in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. (2) To ensure that sound principles of environmental design and ecological balance shall be observed. (3) To ensure adherence to.the terms, -conditions and purposes of the Parks, Recreation, Scenic, and Open Space Easement granted herein. The design review provided.for herein is advisory only and COUNTY shall consider, but shall be free to accept, reject or modify the recommendations of DISTRICT. I". Page Six 7. DISTRICT shall have the privilege of review and comment with respect to any and all environmental - documents, assessments, declarations or reports, having to do with the subject property. Environmental document review is intended to provide a process for review and comment by DISTRICT with respect to all actual or potential negative effects on the environment as a result of. any action or development proposed by COUNTY, and to assure that such documents, assessments, declara-; tions and reports have taken into account the environmental and sociological objectives of DISTRICT, the citizens of the Midpeninsula area, and the intent of this agreement. All such documents shall be forwarded to DISTRICT by COUNTY at least 30 days prior to acceptance or approval by the San Mateo County Board of Supervisors. DISTRICT shall review said documents and make recommendations and comments based upon the objectives as set forth herein. The review and comment privileges as provided herein are advisory only, and COUNTY shall consider, but shall be free to accept, reject or modify the recommendations of DISTRICT. 8. It is further understood and agreed that this easement and each and every term, condition, restriction and covenant contained herein is made and intended for the benefit of DISTRICT, its successors and assigns, and that it constitutes an enforceable restriction. This easement is expressly intended by COUNTY and DISTRICT to run with the land described in exhibit "A", to constitute an equitable.servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be en- forcable by DISTRICT, its successors and assigns. In witness whereof, the parties hereto have executed this easement agreement this day of 1980. COUNTY OF SAN MATEO By. e Chairman, Board of Supervisors Attest: Clerk of Board of Supervisors CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SEC. 27281) This is to certify that the interest in real property conveyed by the foregoing deed, grant or other instrument dated , from County of San Mateo, a political subdivision of the State of California to the Midpeninsula Regional Open Space District, a public district, is hereby accepted by the undersigned on behalf of the District pursuant to authority conferred by resolution of the Board of Directors of the Midpeninsula Regional Open Space District bearing No.80-38, adopted on July 23, 1980 to recordation thereof. Dated ATTEST: October 8 �( • a •C1� District Clerk , and the grantee consents , 19 80 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By JQ1%M/ga_i .f Richard Bishop, Vice President Board of Directors