HomeMy Public PortalAboutResolution - 24-05- 20240410 - 05_FifthsLandPurchaseRESOLUTION 24-05
RESOLUTION OF THE BOARD OF DIRECTORS OF 1VHDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF
PURCHASE AND SALE AGREEMENT, AMENDING THE FISCAL YEAR
2023-24 GENERAL FUND CAPITAL BUDGET, AUTHORIZING
GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO
EXECUTE CERTIFICATE OF ACCEPTANCE AND GRANT TO
DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE
ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE
TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN
SPACE PRESERVE - LANDS OF FIFTHS APN 083-351-010)
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District
(District) does hereby accept the offer contained in that certain Purchase and Sale Agreement
(Agreement) between BF Martha, LLC, a Delaware limited liability company, an undivided
29/140 interest; BF CHILDREN, LLC, a Delaware limited liability company, an undivided 3/70
interest; The Michael C. Callan, Jr. July 23, 2020 Living Trust, an undivided 6.25% interest;
James D. Callan, an undivided 6.25% interest; Pamela L. Callan, an undivided 6.25% interest;
John T. Callan, an undivided 6.25% interest; Gladys Ann Callan, Sole Trustee under Trust
Agreement dated June 1, 1970, an undivided 25% interest; Helen J. Carey, Trustee of the Non -
Exempt Marital Trust portion of the Isabella Trust dated November 6, 2001, an undivided 12.5%
interest and Helen J. Carey, Trustee of the Survivor's Trust portion of the Isabella Trust dated
November 6, 2001, as to an undivided 12.5% interest, and the Midpeninsula Regional Open
Space 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 the real property described therein, Assessor's Parcel Number 083-351-
010 (Fifths Property).
SECTION TWO. The Board of Directors of Midpeninsula Regional Open Space
District authorizes the expenditure of $1,000,000.00 covering the purchase of the Fifths Property,
including a deposit of $10,000.00.
SECTION THREE. The Board of Directors of Midpeninsula Regional Open Space
District does hereby amend the Budget and Action Plan for the Midpeninsula Regional Open
Space District for Fiscal Year 2023-24 by increasing the Measure AA Fund Capital budget in the
amount of $1,000,000.00. Except as herein modified, the FY 2023-24 Budget and Action Plan,
Resolution No. 23-10 as amended, shall remain in full force and effect.
SECTION FOUR. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute a Certificate of Acceptance and the Grant Deed on
behalf ofthe District.
SECTION FIVE. The General Manager or the General Manager's designee (Real
Property Manager) is authorized to provide notice of acceptance to the seller, execute all escrow
docs, and to extend escrow if necessary.
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SECTION SIX. The General Manager or the General Manager's designee (Real
Property Manager) is authorized to expend up to $10,000.00 to cover the cost of title insurance,
escrow fees, survey and miscellaneous costs related to this transaction.
SECTION SEVEN. 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 tenn of the Agreement or documents, which are necessary or
appropriate to the closing or implementation of this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on April 10, 2024, at a regular meeting thereof, by the following vote:
AYES: CYR, GLEASON, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO,
MACNIVEN, RIFFLE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Curt Riffle, Secreta
Board of Directors
APPROVED AS TO FORM:
AcLszl Cesok„.4
ftc-
Hilary Stevenson, General Counsel
APPROVED:
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et MacNiven, President
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.
�.J
(?)-t
a Soria, District Clerk
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