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
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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_
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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