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HomeMy Public PortalAboutResolution - 21-10- 20210324 - Glass Dooley ExchangeRESOLUTION NO. 21-10 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF EASEMENT EXCHANGE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE EASEMENT DEEDS TO GLASS-DOOLEY, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING GENERAL MANAGER AND GENERAL COUNSEL TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK 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) finds and determines that, pursuant to Section 5540.5 of the California Public Resources Code, the exchange of easement interests with the Glass -Dooley Family (Glass - Dooley) is consistent with Public Resources Code 5540.5, and that the real properties being acquired by the District are of equal or greater value than the real property being transferred to Glass -Dooley, and are necessary to be acquired for open space purposes. SECTION TWO. The Board of Directors does hereby accept the offer contained in that certain Easement Exchange Agreement (Agreement) between Glass -Dooley 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 THREE. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute the easement deeds between the District and Glass - Dooley. SECTION FOUR. 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. SECTION FIVE. The General Manager or the General Manager's designee is authorized to provide notice of acceptance to the Glass -Dooley, execute all title and escrow documents, and to extend escrow if necessary. SECTION SIX. 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, which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * - * * * * * * * * * * * * * * * * * * Rooletionv2021/R-21-10_Glass-Dooley Exchange 1 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on March 24, 2021, at a regular meeting thereof, by the following vote: AYES: CYR, HASSETT, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO, RIFFLE, SIEMENS NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: Board of Directors arty H . ett, ecretary Curt Riffle, Presi . ent Board of Directors APPROVED AS TO FORM: Hilary Stevenson, General Counsel 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. Resoluhons2021'R-21-10_Glass-Dooley Exchange 2