HomeMy Public PortalAboutResolution - 23-25- 20231025 - Garratt Easement ExchangeRESOLUTION NO. 23-25
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
EXECUTION OF EXCHANGE AGREEMENT, AUTHORIZING
GENERAL MANAGER OR OTHER OFFICER TO EXECUTE
EASEMENT AND QUITCLAIM DEEDS, AUTHORIZING GENERAL
MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING
GENERAL MANAGER AND GENERAL COUNSEL TO APPROVE
TECHNICAL REVISIONS TO FOREGOING DOCUMENTS (TEAGUE
HILL 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) does hereby accept the offer contained in that certain Exchange Agreement
(Agreement) between Colleen H. Garratt (Garratt) 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 TWO. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute the easement and quitclaim deeds to the District and
Garratt, respectively.
SECTION THREE. 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 and provide notice of acceptance to Garratt.
SECTION FOUR. 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.
SECTION FIVE. The Board of Directors finds and determines that, pursuant to Section 5540.5
of the California Public Resources Code, the exchange of the easements is consistent with Public
Resources Code 5540.5. The real property interests being acquired by the District are of equal or
greater value than the real property interests being transferred to Garratt, and are necessary to be
acquired for park and open space purposes.
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Resolutions 2O23rR-23-25Garratt Easement Exchange
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PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on October 25, 2023, at a regular meeting thereof, by the following vote:
AYES: CYR, GLEASON, HOLMAN, KERSTEEN-TUCKER, KISHTMOTO, MACNIVEN,
RIFFLE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Craig Gleason, Secretary
Board of Directors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
APPROVED:
r
Y+, ' o Kishimoto, President
and of Directors
I, 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.
Soria, District C rk
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Resolationa•2023[R-23-25Garrett Easement Exchange
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