MINUTES
BOARD OF DIRECTORS
TELECONFERENCE
DECEMBER 19 2008
Present:
Members of the Board:
The Rev. Cookie Clark, Rebecca Freie,
Executive Staff:
Absent:
Terry Strike, Lynn Hill
In response to a request by St. Michael’s
Episcopal Church of Carmichael, made in connection with the sale of its
Wagon Tree Ranch property, to clear that property from the obligations of the
Agreement Regarding Restrictions on Real Property and Granting Power of
Termination, and understanding the such requests will arise from time to time
and that once a transaction has been approved by the Bishop and Standing
Committee action by this Board becomes ministerial, and that a blanket grant of
authority rather than case by case action is appropriate, the Board adopted the
following resolution. (Mack, Clark MSC):
Whereas, this Board makes the following
recitals,
1. It
is the policy of this Diocese, including this Board, the Standing Committee,
and the Bishop to restrict or prevent the use, conveyance, or encumbrance of
property in violation of the Constitution and Canons of The Episcopal Church
and those of this Diocese.
2. The
policy encourages and in some cases requires a parish, mission, congregation or
institution to execute a restricting instrument carrying out the policy, such
as an Agreement Regarding Restrictions on Real Property, Declaration of Trust,
and Grant of Power of Termination, or similar instrument.
3. From time to time a parish, mission,
congregation or institution may desire to use,
convey, or encumber property in a manner consistent with these rules of
The Episcopal Church and this Diocese in which it is appropriate to free the
property from the restricting instrument.
4. Once
the Bishop and Standing Committee have reviewed and approved a use, conveyance,
or encumbrance and determined that it is appropriate to free the property from
the restricting instrument, similar action by this Board becomes ministerial.
Now, therefore be it resolved by this
Board of Directors of the Episcopal Church in the Diocese of Northern
California as follows,
1. It
is the policy of this Board, in accordance with the foregoing recitals, to join
the Bishop and Standing Committee in freeing the Diocese of its interest in
real property created by a restricting instrument when the latter have made the
appropriate findings, and
2. The President or Vice President and the Secretary or Treasurer of
this Board are authorized to execute and deliver a quit claim or other
instrument freeing property from a restricting instrument in accordance with
the provisions of this policy.
Respectfully submitted,