HomeMy Public PortalAbout20050629 - Agenda Packet - Board of Directors (BOD) - 05-14 Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 05-14
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:00 p.m.
Wednesday, June 29, 2005
Half Moon Bay Fire Protection District Board Room
1191 Main Street, Half Moon Bay
AGENDA*
7:00 ROLL CALL
ORAL COMMUNICATIONS—Public
ADOPTION OF AGENDA—J. Cyr
BOARD BUSINESS
7:05* 1. Adopt Resolution Authorizing Purchase of Peninsula Open Space Trust(Miramontes Ridge)
Property as an Addition to Mills Creek Open Space Preserve(Santa Mateo County Assessor's
Parcel Numbers 056-440-010, -060, -070; 056-450-020; and 067-310-140); Determine
Recommended Actions are Categorically Exempt from CEQA; Adopt the Preliminary Use and
Management Plan Recommendations;Name the Property as an Addition to Mills Creek Open
Space Preserve; Indicate Intention to Dedicate Property as Public Open Space—M. Williams
8:00* ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is
considered by the Board of Directors. You may address the Board concerning other matters during oral
Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the
Board by a written communication,which the Board appreciates.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED ASSISTANCE TO
PARTICIPATE IN THIS MATTERING, PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200.
NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE
REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.
Regional Open Space
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AGENDAITEM
Proposed �Purchase of Peninsula Open Space Trust(MirunnontemRidge) Property auan Addition tu Mills Creek
Open Space Preserve(Santa Mateo County Assessor's Parcel Numbers 056-440-O\U, -O60` '070; 056-450-020; �
and067']|0-l4O)
GENERAL MANAGER'S RECOMMENDATIONS
l. Determine that tile recommended actions are categorically exempt from the California Environmental
Quality Act(CE()&)as set out in this report.
2. Adopt the attached,Resolution authorizing purchase oftile Peninsula Open Space Trust(Mirumoutem /
Ridge) Property. �
3. Adopt the Preliminary Use and Management Plan recommendations contained in this Report and
� nunn�thc property an addition Millsr��k0p�n Space Preserve.
� � � |
� 4. Indicate your intention 1odedicate the property as public open space.
DISCUSSION
�
� The67jJ3-acre Peninsula Open Space Trust(Mimmnntes Ridge) property, located adjacent to Mills Creek Open �
� Space Preserve, is partly within the Cou*tside Protection Area, an area that was annexed into tile District
� boundaries iu2OU4. As part of the annexation process,tile District prepared a Service Plan for the San Mateo
� Coastal Annexation Area, and a Final Environmental Impact Report that was approved by the Board ofDirectors �
on June 6 2003 An annexation application was then submitted to the San Mateo Local Agency Formation
Commission (^'`' ^,)and approved oil April ' 200' The ------' Protection Area, — the
referred to, includes lands in the western portion of San Mateo County lying South of the City of Pacifica and
generally between Skyline Boulevard and the Pacific Ocean and south to the Santa Cruz County line.
FCo
� "" part"' the annexation process, the Service Plan and subsequent conditions approved -~ LA
� established u number cn policies and procedures for conducting"`"^° s'"^ Protection Program. Although ~the
District would be authorized to purchase the Peninsula Open Space Trust(POST) property even if the Coastside
Protection Program had not been approved,that program now guides the District's purchase, use, and
within h Coastside Protection Area. The proposed purchase of the ru»/
accompanyingproperty, described in this report, and the Preliminary Use andManagement p| aoent
with tile policies and procedures contained in the Coastside Protection Program. The following report presents a
description of the proposed POST property addition to MillsCreek Open Space y,c (the Preserve), futu
planning considerations, a Preliminary Use and Management Plan and environmental review of the project.
Public participation is an important element mf the Coostmide Protection Program throughout rn process from first
purchasing open space land to developing a Final Use and Management Plan for newlypurchased properties.
�
R-0 -71 Page 3
The property includes an extensive portion ofMirumon<ra Ridge, a prominent and imposing landscape feature
that overlooks the coastal lowland. The ridge extends from Skyline Boulevard to the east side of the City ofHalf
Moon Bay, separating the watershed of9iiu,oi0na Creek and its tributary, Madonna Creek, from that urMills
Creek. This chaparral and grass-covered series ofhilltops, whether seen from the Skyline Scenic Corridor along
Highways 35 und92' Mills Creek Open Space Preserve, Bur|eigh Murray State Park, or from the coastal area
below, is central to the uninterrupted open |undaoupc scenery, which gives open character and beauty tothe
region. Likewise, views of the ocean and |ovv|und Dom the ridge are spectacular.
Resource inventories completed prior to tile purchase ofthe Mills Creek Open Space Preserve revealed owide
variety of plant and animals species. The ridge iyu primary wildlife corridor for deer moving between
undeveloped coastal lands and tile San Francisco Water Department land to the east of Skyline Boulevard. Along
with the deer,the property ix clearly mountain lion territory. Mountain lion ocu1 is found throughout the area and
local residents claim numerous sightings of these animals. The area ia particularly noted for its lush coastal scrub
that supports udiverse fauna. Coastal scrub is very limited in the District and north coast region. The hcudvwuicry
of Mills Creek and portions of the upper watershed of Madonna Creeks lie within the Miramontes Ridge Property.
These waterways are nursery streams for the federally threatened steelhead trout and have been designated by
California Department ofFish and Game for their importance. Thome streams are also home to the red-legged
frog, another special status species in California. Further, the willow riparian community along the streams is
rapidly disappearing habitat in most of California because of re-channeling and other changes imposed on streams
asu part ofdevelopment.
The property was once used for farming and included otvvo-atory farmhouse and accessory fonn buildings that
were on the property between 1860and |q5U, but have been completely removed. Tile property, together with the
udiuccntQur|cighK4unuy State Park, ��i||mCreek()penSpace Preserve and other private lands, was ut one 1inne
used- for dairy cattle grazing. There is no evidence ofagricultural use but records indicate dry farming and
orchards are likely tn have once Occurred. /\ large boulder with u plaque has been placed in the area where the
� buildings stood recognizing the Gilcrest family who owned that land prior to POST purchasing it in 1996 4-4W.
Tile existing road along tile ridgotop and other obscure overgrown roads were most likely associated with the
farming activities. Remnants o[a large steel water tank rcmuin near the south-facing side of the ridge in the
western portion of the property.
USE AND MANAGEMENT
Planning Considerations
The property is located within the unincorporated area of San Mateo County and tile Coastal Zone. ltimzoned
both RM/CZ(Resource Management/Coastal Zone)and PAD/CZ(Planned Agricultural District). The property iu
� comprised of five legal parcels and has a potential density of five residential sites. Development of the property
for residential purposes would he feasible, as much of the property is accessible and there are relatively |cvu|
building sites along or near the ridgetop.
The District's 1998 Regional ()pen Space Study shows apotential regional trail connection in the vicinity ofthe
property that would connect the Bay Area Ridge Trail, planned along the Skyline Boulevard corridor,to the
California Coastal Trail. ln addition, the K4irumontco Ridge Property may provide odesirable trail connection
� between Mills Creek Open Space Preserve and Dur|migh Murray State Park, which im currently difficult due to
steep topography and sensitive habitats along the upper reaches of Mills Creek. Half Moon Bay`s Park and
� Recreation Element of the General Plan indicates an open space designation at the foot of Miramontes Ridge.
The Preliminary Use and Management Plan is described below and will remain in effect until a Final Use and
Management Plan is adopted. Within the Coaatmidc Protection Area, the p,ucoon for developing a Final Use and
Management Plan involves conducting more detailed resource inventories to be used in formulating resource
management and public access plans; consultation with interested government officials, agencies and
organizations; and all extensive public input process. �
�
� �
R-05-71 Page 5
further environmental assessment in accordance with the Coastside Protection Program and to ensure that land use
decisions are consistent with ecological values.
Public Access: Closed to general public recreational access until natural resources, roads and trails can be further
inventoried and a Final Use and Management Plan is developed in accordance with the Coastside Protection
Program; very limited public use will be allowed in the form of permits for neighbors and docent-led hikes
following an anticipated twelve-month, public-access planning process that complies with conditions set forth in
the Coastal Conservancy grant agreement. This process, entitled "Use and Management Planning Process and
Timeline for Miramontes Ridge Property Addition to Mills Creek Open Space Preserve," is part of this
Preliminary Use and Management Plan. This process will help guide development of the Final Use and
Management Plan.
Signs: Install closed area signs and boundary plaques where appropriate; prior to establishing limitedpu
blic use
through the docentprogram,
signs
ns identifying the property'
for public use will be installed following review and
approval by the Coastal Conservancy; a sign acknowledging funding assistance from the Coastal Conservancy
will also be installed.
Roads and Trails: Maintain existing roads and trails in accordance with the road and trail maintenance practices
set out in the Service Plan and District-wide practices. A further detailed road and trail assessment will be
conducted as part of the process of developing a Final Use and Management Plan.
Fences and Gates: Install gates and fences at the entrances to the property and repair fences as necessary to
prevent trespass.
utilizing existing roads and the easement access road intersecting with state
1: Regularly patrol the property �t g
Patrol: g y p p p y g g
Highway 92.
Resource Management: Conduct a detailed resource inventory as part of the process of developing a Final Use
and Management Plan.
Cleanup: Remove the two remaining half sections of aboveground water tank.
Fuel Management: Conduct current District-wide fuel management practices; consult with San Mateo County
and the California Department of Forestry and Fire Protection ("CDF") in developing site-specific fuel
modification and management program as part of the process of developing a Final Use and Management Plan.
Dedication: Indicate your intention to dedicate the property as public open space in the future. Under Section
5540 of the Public Resources Code, dedicated land means the land would be formally dedicated for park and open
space purposes.
Name: Temporarily name the property as an addition to the Mills Creek Open Space Preserve.
Service Plan: Maintain the property in conformity with the provisions of the Service Plan for the Coastside
Protection Program.
Site Safety Inspection: An initial investigation was completed that identified two halves of an above-ground steel
water tank that will be removed. The property is not listed on any local, state, or federal list as a hazardous
materials site.
Regional Omen Space
m|opsN|N5WLA REGIONAL OPEN SPACE DISTRICT
R'05-7|
� Meeting05'l4
junc29 2005
AGENDA ITEM l
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AGENDAITEM
Proposed Purchase of Peninsula Open Space Trust(Miramontes Ri e) Property as an Addition 0o��iUaCreek
� O�6-4�O-O20�
"r~^ Space ^ '~~~'-~(Santa ~^~~~ County Assessor's Parcel ' — ^
and 067-310-140)
GENERAL MANAGER'S RECOMMENDATIONS
|. Detcmnino that the recommended actions are categorically exempt from the Cal ifomiuEnvironmental
Quality Act(CEQA)as set out in this report. �
2. Adopt the attached Resolution authorizing purchase of the Peninsula Open Space Trust(Miramontes
Ridge) Property. �
J Adopt| � �
tile property oauo addition to Mills Creek Open Space Preserve. �
�
4. Indicate your intention<o dedicate the property uu public open space.
DISCUSSION
The675.73-acre Peninsula Open Space Trust(Miramnntca Ridge) property, located adjacent to Mills Creek Open �
Space Preserve, is partly within tile Coastside Protection Area,an area that was annexed into tile District �
boundaries in20O4. As part of the annexation process,the District prepared a Service Plan for the San Mateo �
Coastal Annexation Area, and a Final Environmental Impact Report that was approved bytile Board ofDirectors
oil June 6. 2003. An annexation application was then submitted to the San Mateo Local Agency Formation
� Commission (L&fCo)and approved oil April 7, 2004. The Coastside Protection Area, au the annexation area iu
�
� referred to, includes lands in the western portion ofSan Mateo County lying South of the City of Pacifica and �
generally between Skyline Boulevard and the Pacific Ocean and south to the Santa Cruz County line. �
� As part of the annexation process,tile Service Plan and subsequent conditions approved by LAFCo �
established a number of policies and procedures for conducting a Coastside Protection Program. Although tile �
District would be authorized to purchase the Peninsula Open Space Trust(POST) property even if tile Coastside
�
Protection Pno�runmhudnotb��nuppvov�d tho1pvoQnamnnovv �uid�ath� Dionic�`npunzhuso, use, and
', '
� management of open space land within the Cnue1side Protection Area. The proposed purchase of tile POST
� property, described in this report, and the accompanying Preliminary Use and Management Plan are consistent �
� with the policies and procedures contained in the Coastside Protection Program. The following report presents u �
� description of tile proposed POST property addition to Mills Creek Open Space Preserve(tile Prcse,ve), future
planning considerations, a Preliminary Use and Management Plan and environmental review of the project. �
� Public participation is an important element of tile Coosioidc Protection Program throughout tile process from Osi
purchasing open space land to developing a Final Use and Management Plan for newly purchased properties.
�
|
�
i
R-05-71 Page 2
Since this is a significant land purchase in the Coastside Protection Area, staff scheduled the District Board
meeting in Half Moon Bay to ensure full opportunity for participation by Coastside residents. In addition,the
District's Real Property Committee, a standing committee of the Board of Directors, held a meeting on the
property in order to acquaint the three-member Board Committee, neighbors and interested parties with the
property, and receive public input into the proposed land purchase. This meeting was held on June 14,2005 after
notice was distributed to property owners of land located adjacent to or surrounding the subject property,
including neighbors adjacent to two easement access roads(one intersecting with state Highway 92 and another at
the end of Miramontes Street out of Half Moon Bay). Notice was also mailed to coastside public officials,
community-interest groups, non-profit land trusts, conservation-oriented organizations, elected officials,
government agencies and government-sponsored organizations within the Coastside Protection Area.
At the Real Property Committee meeting, staff described the property, explained how the property would be a
natural extension of the Preserve, and covered the terms of the proposed purchase of the property from POST.
The proposed purchase was well received by the neighbors,the San Mateo County Agricultural Commissioner,
i in future
were interested in discussing and a member of the public who attended the meeting. Several attendeesg
p
I public access plans for the Preserve and potential grazing opportunities on District-awned coastside properties in
p P P g g pp p p
general. Staff responded that, in the near-term, limited public access may occur in the form of organized docent-
led hikes and, in the long-term, less restricted public trail access may originate at Burleigh Murray State Park if
connecting trails can g be established. One neighbor informed staff of existing trail use by equestrians riding
it w from Skyline Boulevard to Obester Winer located to the west and adjacent to
the property on their a through J
P p Y Y Y
Y
state Highway 92. Everyone at the meeting expressed their pleasure and support of the proposed property
purchase.
In October 2000, District staff submitted an application to the Coastal Conservancy requesting a matching grant in
the amount of$2,050,000 to assist the District in acquiring the POST(Miramontes Ridge) property. In October
2002,the California Coastal Conservancy evaluated the project and approved a matching grant in the amount of
$2,050,000. In order to encumber this funding and make it available for a period of two years,the District Board
approved the application on June 23, 2004. This Grant Agreement secures funding until January 2006.
DESCRIPTION(see attached map)
The POST(Miramontes Ridge)Property consists of approximately 675.23 acres of open space land adjacent to
Mills Creek Open Space Preserve. The property includes a 120-acre parcel within the District's original
boundaries and 555.73 acres lying within the Coastside Protection Area. The property provides a natural
extension of the Preserve in that it encompasses a continuation of Mills Creek and prominent ridgelines that frame
the view from the Preserve as well as from the City of Half Moon Bay. Mills Creek is also of particular
importance because it is home to the endangered steelhead trout found upstream within the Preserve. In addition,
existing roads and trails may someday provide the opportunity to establish a regional trail connection between the
Bay Area Ridge Trail and the Coastal Trail. The addition of this property is most important in terms of protecting
its natural resource and open space recreational values.
The POST(Miramontes Ridge) Property lies to the south and west of the Mills Creek Open Space Preserve. It is
bounded by Burleigh Murray State Park to the south,the Preserve to the north and east, POST's Madonna Creek
property to the west,and private property to the north and partially to the east and southwest. Primary access is
from the western boundary on an unpaved farm road that originates on state Highway 92 and passes through
private land and POST's Madonna Creek property. A second easement exists between the end of the public
portion of Miramontes Street in Half Moon Bay and the southwest corner of the property. This easement is
comprised of an unpaved and partly overgrown road that passes through private land. A third unpaved access
road extends from Skyline Boulevard westerly through private land to the properties northeast boundary. Other
old roads that are also overgrown may have once entered the property from Burleigh Murray State Park to the
south.
R-05-71 Page 3
The property includes an extensive portion of Miramontes Ridge, a prominent and imposing landscape feature
that overlooks the coastal lowland. The ridge extends from Skyline Boulevard to the east side of the City of Half
Moon Bay, separating the watershed of Pilarcitos Creek and its tributary, Madonna Creek, from that of Mills
Creek. This chaparral and grass-covered series of hilltops, whether seen from the Skyline Scenic Corridor along
Highways 35 and 92, Mills Creek Open Space Preserve, Burleigh Murray State Park, or from the coastal area
below, is central to the uninterrupted open landscape scenery, which gives open character and beauty to the
region. Likewise, views of the ocean and lowland from the ridge are spectacular.
Resource inventories completed prior to the purchase of the Mills Creek Open Space Preserve revealed a wide
variety of plant and animals species. The ridge is a primary wildlife corridor for deer moving between
undeveloped coastal lands and the San Francisco Water Department land to the east of Skyline Boulevard. Along
with the deer, the property is clearly mountain lion territory. Mountain lion scat is found throughout the area and
local residents claim numerous sightings of these animals. The area is particularly noted for its lush coastal scrub
that supports a diverse fauna. Coastal scrub is very limited in the District and north coast region. The headwaters
of Mills Creek and portions of the upper watershed of Madonna Creeks lie within the Miramontes Ridge Property.
These waterways are nursery streams for the federally threatened steelhead trout and have been designated by
California Department of Fish and Game for their importance. These streams are also home to the red-legged
frog, another special status species in California. Further, the willow riparian community along the streams is a
rapidly disappearing habitat in most of California because of re-channeling and other changes imposed on streams
as a part of development.
The property was once used for farming and included a two-story farmhouse and accessory farm buildings that
were on the property between 1860 and 1950, but have been completely removed. The property,together with the
adjacent Burleigh Murray State Park, Mills Creek Open Space Preserve and other private lands, was at one time
used for dairy cattle grazing. There is no evidence of agricultural use but records indicate dry farming and
orchards are likely to have once occurred. A large boulder with a plaque has been placed in the area where the
buildings stood recognizing the Gilcrest family who owned that land prior to POST purchasing it in 1997. The
existing road along the ridgetop and other obscure overgrown roads were most likely associated with the farming
activities. Remnants of a large steel water tank remain near the south-facing side of the ridge in the western
portion of the property.
USE AND MANAGEMENT
Planning Considerations
The property is located within the unincorporated area of San Mateo County and the Coastal Zone. It is zoned
both RM/CZ(Resource Manage ment/CoastaI Zone)and PAD/CZ(Planned Agricultural District). The property is
comprised of five legal parcels and has a potential density of five residential sites. Development of the property
for residential purposes would be feasible, as much of the property is accessible and there are relatively level
building sites along or near the ridgetop.
The District's 1998 Regional Open Space Study shows a potential regional trail connection in the vicinity of the
property that would connect the Bay Area Ridge Trail, planned along the Skyline Boulevard corridor,to the
California Coastal Trail. In addition, the Miramontes Ridge Property may provide a desirable trail connection
between Mills Creek Open Space Preserve and Burleigh Murray State Park, which is currently difficult due to
steep topography and sensitive habitats along the upper reaches of Mills Creek. Half Moon Bay's Park and
Recreation Element of the General Plan indicates an open space designation at the foot of Miramontes Ridge.
The Preliminary Use and Management Plan is described below and will remain in effect until a Final Use and
Management Plan is adopted. Within the Coastside Protection Area,the process for developing a Final Use and
Management Plan involves conducting more detailed resource inventories to be used in formulating resource
management and public access plans; consultation with interested government officials, agencies and
organizations; and an extensive public input process.
R-05-71 Page 4
The Coastside Protection Program requires that when land purchased by the District includes an existing
agricultural use, has prime agricultural soil, or is adjacent to lands in agricultural production,an agricultural
production plan will be developed as part of the Final Use and Management Plan. According to the GIS database
for San Mateo County(updated in 2000) and the California Department of Conservation's Farmland Mapping and
Monitoring Program(FMMP),the property is not well suited to the cultivation of agricultural crops. The property
is not classified as Prime Agricultural Land, Unique Farmland, or Farmlands of Statewide Importance as shown
on the FMMP. As the POST Madonna Creek Property, lying adjacent to the Miramontes Ridge property, is partly
in agricultural production, and the property is within the County's Planned Agricultural District,the Final Use and
Management Plan will include an agricultural production element that will ensure compatibility of resource
management and public access plans with the adjacent agricultural use. In addition, because the property was
once used for dry farming and cattle grazing, re-establishing these land uses will be investigated as part of the
development of the Final Use and Management Plan.
In response to a District staff presentation to the San Mateo County Farm Bureau regarding the District's potential
purchase of the Miramontes Ridge Property, a June 20, 2005 letter was received from Farm Bureau Board
members and staff addressing historical useage and recommendations for agricultural use. In that letter it was
pointed out that, based on recollections of Board members,the property had been used for farming grain crops
and cattle grazing on a rotational basis over an extended period of tirne from the mid 1940s to the early 1970s. A
reference was made to the last known farming activity occurring in the early 1990s that was comprised of oat hay
and pea crops planted along the ridgetops and amounting to approximately 50 acres in size. The letter
recommends grazing and possibly hay crop rotation, weed eradication, and water supply development for grazing
on the property. The letter also suggests consultation with Farm Bureau for pasture and cross fencing locations.
These recommendations will be taken into consideration during the development of the Final Use and
Management Plan. The Farm Bureau also recommends incentive-based leases, which is consistent with the
Service Plan policies. The correspondence mentions an upcoming Public Lands Grazing Workshop that District
staff is planning to attend (the Farm Bureau letter is attached to the Agenda for the meeting).
Very limited public access in the form of permits for neighbors and docent-led hikes is being recommended in the
Preliminary Use and Management Plan. This limited public use will not be initiated until a more detailed baseline
resource inventory is conducted and roads and trails are more specifically identified and mapped. The
Preliminary Use and Management Plan will serve as an interim plan until a comprehensive Master Plan can be
undertaken in the future. The proposed limited public use will not result in any expansion of the level of current
use by the neighbors or POST.
The Coastal Conservancy Grant Agreement stipulates that a public access planning process be adopted and that
signage must take place before the purchase of the property. A sign program that addresses public use will be
provided that includes the posting of signs at entry points to the property.
If the property is purchased, low-intensity agricultural use and recreational trail use will be considered as the Final
Use and Management Plan is being developed. As part of the Final Plan, trailhead parking would not be available
on this property, as the only vehicular access would be along a private road. It is possible that as part of the Final
Plan,the existing public trails on the adjacent Burleigh Murray State Park could be extended to include trails on
the Miramontes Ridge Property
PreliminaryUse and Management Plan
This Preliminary Use and Management Plan will take effect upon the close of escrow, and remain effective until a
Final Use and Management Plan for the property is developed. The Preliminary Use and Management Plan
represents a status quo approach to management and includes securing, posting, patrolling and cleaning up the
property. Limited continuation of current use in the foram of permits allowing access by neighbors and docent-led
hikes will be allowed. In the future, a Final Use and Management Plan will be developed, including more
detailed plans for resource management and public access. The Final Plan will be subject to public input and
R-05-71 Page 5
further environmental assessment in accordance with the Coastside Protection Program and to ensure that land use
decisions are consistent with ecological values.
Public Access: Closed to general public recreational access until natural resources, roads and trails can be further
inventoried and a Final Use and Management Plan is developed in accordance with the Coastside Protection
Program; very limited public use will be allowed in the form of permits for neighbors and docent-led hikes
following an anticipated twelve-month, public-access planning process that complies with conditions set forth in
the Coastal Conservancy graft agreement. This process, entitled "Use and Management Planning Process and
Timeline for Miramontes Ridge Property Addition to Mills Creek Open Space Preserve," is part of this
Preliminary Use and Management Plan. This process will help guide development of the Final Use and
Management Plan.
Signs: Install closed area signs and boundary plaques where appropriate; prior to establishing limited public use
through the docent program, signs identifying the property for public use will be installed following review and
approval by the Coastal Conservancy; a sign acknowledging funding assistance from the Coastal Conservancy
i
will also be installed.
Roads and Trails: Maintain existing roads and trails in accordance with the road and trail maintenance practices
set out in the Service Plan and District-wide practices. A further detailed road and trail assessment will be
conducted as art of the process of developing a Final Use and Management Plan.
P P P g g
Fences and Gates: Install gates and fences at the entrances to the property and repair fences as necessary to
prevent trespass.
Patrol: Regularly patrol the property utilizing existing roads and the easement access road intersecting with state
Highway 92.
Resource Management: Conduct a detailed resource inventory as part of the process of developing a Final Use
and Management Plan.
Cleanup: Remove the two remaining half sections of aboveground water tank.
practices; consult with San Mateo County
fuel management
Fuel Management: Conduct current District-widep ty
and the California Department of Forestry and Fire Protection ("CDF") in developing site-specific fuel
modification and management program as part of the process of developing a Final Use and Management Plan.
Dedication: Indicate your intention to dedicate the property as public open space in the future. Under Section
5540 of the Public Resources Code, dedicated land means the land would be formally dedicated for park and open
space purposes.
Name: Name the property as an addition to the Mills Creek Open Space Preserve.
Service Plan: Maintain the property in conformity with the provisions of the Service Plan for the Coastside
Protection Program.
Site Safety Inspection: An initial investigation was completed that identified two halves of an above-ground steel
water tank that will be removed. The property is not listed on any local, state, or federal list as a hazardous
materials site.
l
&-05-71 Page
CEQA COMPLIANCE
Proiect Description
The project consists of the purchase of the 675.73-acre POST(MimmontesWdge) Property as an addition to the
| Mills Creek Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan for
tho property. This plan provides for securing, patrolling, and removing waste materials from the property. Very
limited public use will be allowed in tile forill of permits for neighbors and docent-led hikes. Following utwelve-
month planning process that complies with conditions set forth in the Coastal Conservancy grant agreement.
Ultimately, the property will be included in n Final Use and Management Plan for the adjacent Mills Creek Open �
Space Preserve. The land will bc permanently preserved oo open space. Although closed to the public during the �
| planning process,the property is expected to be ultimately open for |ovv intensity nccrcu1iuna| use assuming that �
�
the planning process does not reveal significant impediments to such use. Tile suitability of the land for potential
compatible agricultural use will also be evaluated.
CEQA Determination
| A site-specific environmental evaluation has been completed concerning the resources on this property and how �
the resources could be affected if the property is purchased and opened to the public. ln addition,the property ie �
aubatnndu||y similar to the lands evaluated in the Prog,unn Environmental Impact Report for the Coastal
Annexation Area and the environmental effects of District ownership and management are determined to be
consistent with the potential effects described in the E|R. The District concludes that this project will not have o
significant effect on the environment. bia categorically exempt from C20& (California Environmental Quality
� Act)under Sections \53O| l53|6, |53|7 |�]2�, \53]0, und |�O6lofth� (��(}& Guid�|in�sumhm||ows� �
� , , �
Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that existing at the time of the agencies determination. The Preliminary
Use and Management Plan specifies that gates and fencing will be installed to secure the property, boundary
� plaques will he installed, and roads and trails will be maintained using District-wide and Service Plan
management practices. There will honoor negligible expansion ofuse.
Section 153 16 exempts tile acquisition of land in order to create parks if the site is in a natural condition and the
management plan proposes to keep the area in unatura| condition. The Preliminary Use and Management Plan
specifies that the land will not bodeveloped and will remain in anaturu| condition. |
Section l53|7 exempts the acceptance offee interests in order to maintain the open space character nfunarea.
The District will purchase fee interest and maintain the open space character of the area. No new development iu
proposed uo part of this project.
�
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This purchase |
will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by
incorporating it into the Mills Creek Open Space Preserve. �
Section\533U exempts minor cleanup actions taken \oprevent, minimize, stabilize, mitigate, or eliminate the
� release or threat of release of a hazardous waste or substance which are small or medium removal actions costing
$l million orless. This purchase includes the removal of two halves of all aboveground water tank, which is a de �
mninimia clean-up action within the scope ofSection 15330. �
This acquisition is categorically exempt from CB0/\ under five sections ofthe CB[)/\ Guidelines. The actions �
� proposed in the Preliminary Use and Management Plan are also exempt under Section |506|' am there iono
possibility the actions may have u significant effect on tile environment.
�
R-05-71 Page 7
I
I
TERMS AND CONDITIONS
The 675.73-acre POST(Miramontes Ridge) property is being purchased at a(matching gift) bargain sale purchase
price of$2,050,000, or approximately $3,034 per acre. The property has five potential residential building sites in
San Mateo County consisting of four contiguous parcels totaling 555.73-acres and a separate parcel 120-acre
parcel located along the southern boundary of the Mills Creek Open Space Preserve. The District successfully
obtained a$2,050,000 grant from the San Francisco Bay Conservancy Program administered by the California
Coastal Conservancy to purchase this property. The grant amount was based on a fair market appraisal of
$4,100,000 for the subject property, as prepared in 2002. The fair market value of the subject property has
increased since the appraisal was prepared over three years ago. The Coastal Conservancy grant requires a local
matching financial contribution to complete this grant project. However, this match can be provided by the value
of a gift of land, which is part of the approved grant project. In other words, POST is selling the property to the
District at a(matching gift) bargain sale price of$2,050,000, and this amount will be fully reimbursed by the
Coastal Conservancy grant in escrow. As part of the grant funding agreement with the Coastal Conservancy, the
District is required to record a deed restriction ensuring that the property protects regionally significant open
space, agricultural land, habitat and public recreation opportunities. The attached resolution authorizes execution
of a grant deed restriction memorializing the terms and conditions of this grant.
The Purchase Agreement includes a covenant that provides POST a period of five years to recognize significant
donors for specific areas,trails or land formations on the property in accordance with the District's"Policies for
Site Naming and Gift Recognition." In addition, the District will take title to an existing plaque and boulder
acknowledging the Gilcrest family who owned the 555.73-acre portion of the property from 1862 until being sold
to POST in 1996.
Staff has conducted due diligence investigations and inspections of the property. The District will assume
responsibility for the clean up and removal of two halves of a metal water storage tank. Staff has reviewed all of
San Mateo County's property records and files, and is satisfied that no underground storage tanks, contamination
or hazardous conditions exist on the property.
BUDGET CONSIDERATIONS
2005 2006 Budget for New Land Purchases
New Land $20,000,000
New Land Purchased this year (2,250,000)
I
POST(Miramontes Ridge) Property (2,050,000)
New Land Purchase Budget Remaining $15,700,000
Controller M. Foster was consulted on this proposed purchase and has indicated that, considering cash flow and
account balances, funds are available for this property purchase.
Current Coastside Protection Area Fiscal Considerations
The 555.73-acre portion of the subject property is located in the Coastside Protection Area and is subject to the
Agreement Between,San Mateo County and the Midpeninsula Regional Open Space District (Regarding Fire
Services). As part of this agreement, the District will pay to San Mateo County Fire Department an annual fee for
fire services that are not currently provided with the State Responsibility Area of CDF. The Fire Services Fee
will be $887.78 based upon the pro rata share of the assessed value for this portion of the subject property. The
fire services fee will increase 2% annually. The subject property is not located in the La Honda—Pescadero
Unified School District, which is subject to a separate fiscal agreement with the District.
Staff has analyzed the conditions of the site and financial considerations associated with the proposed purchase
and subsequent management of the property to ascertain whether the District has sufficient resources to sustain
R'05-71 Page
the project. The CoaxtsNe Protection Program includes Racu| &oa|yuimconducted by Economics Research
Associates confirming the feasibility of implementing that Program. The proposed purchase, Preliminary Use and
Management Plan, and expected long-term management strategy are consistent with thcCoum|oide Protection
Program. The site assessment indicates that management costs associated with tile proposed purchase are
� expected tobe consistent with those projected iu the Fiscal Analysis and Basic Service Plan. Staff has reviewed
� the revenue and other cost projections in the Fiscal /\nu|ynia and concluded that there have been no changes aiooc
the analysis was prepared that would affect its conclusions. Staff has further reviewed the expected management
costs in light u[the District's operating expenses and Controller's estimated tax revenue and cash flow projections
for the current fiscal year and for the next tell years. Based oil this analysis, staff concludes that purchasing and
managing this property will not result in any significant impact tothe District's existing services.
Furthermore, staff assessed tile costs associated with this project and compared them to the Contru||cr`sten'yeur
� projections of cash flow, property tax revenue, and operating expenses. Using tile assumptions established inthe
' Basic Service Plan and Fiscal Analysis for staffing needs and land management expenses, staff determined that
the District has tile resources tosustain this project over tile long term.
PUBLIC NOTIFICATION
Property owners of land located adjacent to or Surrounding tile subject property, including neighborsalong
� Miron nntea Street and the access nzud from Highway 92, ooaytaide public officials, cornonunity-interest8,oups.
non-profit land trusts, conservation-oriented organizations, elected officials, government agencies and
government-sponsored organizations within the C000txide Protection Area, and attendees of the June 14, 2005 on-
site public workshop, have been mailed written notices of this proposed land purchase and this meeting.
Prepared by:
Del Woods, Senior Acquisition Planner
Michael C. Williams, Real Property Manager
Map Prepared by:
� David Gagner, Planning Technician
|
| Contact Person:
Micbue| C. Williams, Real Property Manager
/
�
�
�
�
�
�
�
�
i
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AND GRANT DEED RESTRICTIONS,AUTHORIZING GENERAL
MANAGER OR OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THE TRANSACTION(MILLS CREEK OPEN SPACE PRESERVE—
LANDS OF PENINSULA OPEN SPACE TRUST)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept
the offer contained in that certain Purchase Agreement between Peninsula Open Space Trust, a California
non-profit,public benefit corporation and Midpeninsula Regional Open Space District,a California public
�
agency, a copy of which is attached hereto and by reference made a part hereof, and authorizes the
President or appropriate officers to execute the Agreement on behalf of the District.
Section Two. The General Manager,President of the Board of Directors,or other appropriate officer is
authorized to execute a Certificate of Acceptance and Grant Deed Restriction, a copy of which is attached
hereto and by P
reference made in art hereof on behalf of the District.
Section Three. The General Manager of the District or the General Manager's designee shall cause to be
given appropriate notice of acceptance to the seller and to extend escrow if necessary.. The General
Manager and General Counsel are further authorized to approve any technical revisions to the attached
Agreement and other transactional documents which do not involve any material change to any term of
the Agreement or other transactional documents which are necessary or appropriate to the closing or
implementation of this transaction.
Section Four. The General Manager of the District is authorized to expend up to $10,000 to cover the
cost of title insurance,escrow fees, site clean up,and other miscellaneous costs related to this transaction.
Section Five. It is intended,reasonably expected,and hereby authorized that the District's general fund
h next long-term District note
2 from the proceeds of the e will be reimbursed in the amount of O50 000 0
P
issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional
Open Space District solely for purposes of establishing compliance with the requirements of Section
1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with
the District's budgetary and financial circumstances. There are no funds or sources of moneys of the
g rY
District that have been or are reasonably ex g
expected to be,reserved or allocated on a long-term basis or
p otherwise set aside to pay the costs of this open space land purchase project,which are to be paid or
reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby
declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space
land purchase project expenditure.
POST - Miramontes Ridge Addition
12
35
Mad ��el�ll( it m id
Mills Creek
111101� 0 p e n,,S aq p Pres r 6
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..........
Mills Creek Open Space Preserve -Wiles
Produced by Midpeninsula Regional Open Space District, May 2005 0 0.25 0.5
WHEN RECORDED MAIL TO:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos,CA 94022
Attention: M.Williams
DULY RECORDED WITHOUT FEE
NO TRANSFER TAX DUE
PUBLIC AGENCY ACQUIRING TITLE, Pursuant to Government Code
CALIFORNIA REVENUE AND GRANT DEED Sections 6103,27383.
TAXATION
CODE SECTION 11922 BY:
For a Valuable Consideration,PENINSULA OPEN SPACE TRUST, a California non-profit,public benefit
corporation,
Hereby GRANTS to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,a Public District formed pursuant to Article
3 of Chapter 3 of Division 5 of the California Public Resources Code,
The following described real property in the unincorporated area of the County of San Mateo, State of California,
being more particularly described in Exhibit"A"as attached hereto and incorporated by this reference.
i
Said real property is subject to a Declaration of Covenants,Conditions and Restrictions attached hereto as Exhibit`B:
and incorporated by this reference.
i
APNs: 056-440-010, 056-440-060, 056-440-070, 056-450-020 &067-310-140
I
State of California
County of
On this day of ,before me,
the undersigned notary public,
personally appeared known to me
or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the
instrument the person(s),or entity upon behalf of which the person(s)]
acted,executed the instrument.
Audrey C. Rust, President
WITNESS my official seal
Signature
Name(typed or printed)
EXHIBIT B
RECITALS
A. The CALIFORNIA COASTAL CONSERVANCY ("Conservancy") and MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT("Grantee") entered into the Grant Agreement No. 03-
85 ("Agreement"), dated June 24, 2004 to partially fund the Grantee's acquisition of the real
property, as described in the attached Exhibit A and incorporated by this reference("Real
Property").
B. The Conservancy has partially funded Grantee's Real Property acquisition for the purposes of
creating an interconnected system of open space, watershed and habitat protection,preservation
of agricultural land, and public access and low intensity recreation.
THEREFORE, Grantee agrees to the covenants,conditions and restrictions to the Real
Property as described in Exhibit A, as fully set forth herein.
1. COVENANTS CONDITIONS AND RESTRICTIONS
A. Purpose. The Real Property was acquired by Grantee pursuant to a grant of funds from the
Conservancy,for the purposes of the preservation of open space,watershed and habitat protection,
preservation of agricultural land,and public access and low intensity recreation. No use of the Real
Property inconsistent with that purpose is permitted.
B. Mitigation. Without the written permission of the State of California acting through the Executive
Officer of the Conservancy,the Grantee shall not use or allow the use of any portion of the Real
Property for mitigation to compensate for adverse changes to the environment elsewhere. If the Grantee
fails to obtain such written permission for use of the Real Property for mitigation,then the Executive
Officer may require that all funds generated in connection with such mitigation on the Real Property be
remitted promptly to the Conservancy until the Conservancy has been fully paid for all of its past,
present and future costs with respects to the Real Property,including without limitation,staff,planning,
development,restoration,operation and maintenance,and monitoring costs, at fair market value as of
the time the mitigation is to begin. The Grantee shall not use or apply mitigation funds,if any,toward
the Grantee matching requirements of the Conservancy grant used to acquire the Real Property.
C. The Real Property,including any portion of it or any interest in it,may not be used as security for any
debt without written approval of the State of California,acting through the Executive Officer of the
Conservancy,or its successor.
D. The Real Property,including any portion of it or any interest in it,may not be transferred without the
approval of the State of California,acting through the Executive Officer of the Conservancy,or its
successor.
E. Grantee is obligated to use,manage,operate and maintain the Real Property for the purposes of open
space,watershed protection,preservation of agricultural land,and public access and low intensity
recreation. Grantee's use of the property will be consistent with the terms of its Agreement with the
Conservancy dated June 24,2004,as such may be amended from time to time.
If any of the essential provisions stated above are violated,all of the Grantee's right,title and interest in the real
property shall vest in the State of California for the benefit of the Conservancy or its successor,upon acceptance
of the real property and approval of the State Public Works Board;provided,however,that the State,through the
Executive Officer of the Conservancy,or its successor,may designate another public agency or a nonprofit
organization to accept the right,title and interest,in which case vesting shall be in that agency or organization
rather than in the State.However,the Conservancy shall first give the Grantee ninety(90)days written notice of
any violation stating the specific nature thereof,in order for Grantee to correct any such violation to the
Conservancy's satisfaction. If the Grantee has not corrected such violation within such 90 day notice period,or
any extension thereto,the Conservancy may exercise its right to ownership of the Property.
2. ENFORCEABLE COVENANT AND RESTRICTION
This Declaration and all its terms, conditions, restrictions, and covenants is intended for the benefit of
Conservancy, its successor or assign and constitutes an enforceable restriction. Grantee and
Conservancy expressly intend that this covenant run with the land described in Exhibit"A",to
constitute an equitable servitude therein,and shall bind every successive owner of said land,or of any
interest in it and shall be enforceable by the State of California on behalf of the Conservancy, its
successors and assigns.
This Declaration is made for the sole benefit and protection of Grantee and the State of California on
behalf of the Conservancy. Nothing herein shall be deemed to require the approval or consent of any
third party, owner, or occupant of any other parcel of real property located within or without the
boundaries of Grantee other than the State of California on behalf of the Conservancy or to create any
right in any third party for such enforcement of the terms of this Declaration.
Page 3
I
PURCHASE AGREEMENT—BARGAIN SALE
This Agreement(hereinafter called"Agreement")is made and entered into by and
between PENINSULA OPEN SPACE TRUST,a California non-profit,public benefit corporation,
(hereinafter called"POST"),and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public
district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code,
(hereinafter called"District").
RECITALS
WHEREAS,POST was organized as a non-profit, charitable corporation to solicit,receive
and hold gifts, legacies,devises and conveyances of real and personal property for public park,
conservation and open space purposes,all in a manner complementary to activities of District;and
WHEREAS,the property and assets of POST are irrevocably dedicated to said purposes
and no part of the property and assets of POST shall ever incur to the benefit of any individual; and
WHEREAS, POST is the owner of certain real property which has open space and
recreational value located within an unincorporated area of the County of San Mateo, and being more
rp h' g
particularly described within the body of this Agreement; and
'v licit and receive conveyances of
' w formed voter initiative to so
WHEREAS,District as o d by y
real property by purchase,exchange, gift,or bargain purchase for preservation,public park,recreation,
scenic and open space purposes; and
WHEREAS,District desires to purchase said property for open space preservation and as
part of the ecological,recreational,aesthetic,and natural resources of the midpeninsula area;and
WHEREAS, POST out of desire to promote public welfare, and share the natural and
scenic beauty and enjoyment of their property with the citizens of the midpeninsula area,hereby agrees to
sell and convey the entirety of said property to District, and District wishes to purchase said property upon
the terms and conditions set forth herein.
AGREEMENT
NOW,THEREFORE,in consideration of the foregoing recitals and the mutual promises
and covenants herein contained,the parties hereto agree as follows:
1. Purchase and Sale. POST agrees to sell to District and District agrees to purchase from
POST,POST's real property located within an unincorporated area of the County of San Mateo, State of
California, containing approximately six hundred seventy five and seventy three hundredths(675.73)
acres,more or less, and commonly referred to as San Mateo County Assessor's Parcel Numbers 056-440-
010, 056-440-060, 056-440-070, 056450-020 and 067-310-140. Said real property is further described in
the Legal Description attached to Preliminary Report numbers 0360004063 and 0360004064 from Old
Republic Title Company dated December 24, 2004. Copies of said Preliminary Reports are attached
hereto as Exhibit"A",and incorporated herein by this reference. Said property is to be conveyed together
with any easements,rights of way,or rights of use which may be appurtenant or attributable to the
aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and
appurtenances shall hereinafter be called the "Subject Property" or the"Property."
Purchase Agreement Page 2
2. Purchase Price. The total purchase price("Purchase Price")for the Property shall be Two
Million Fifty Thousand and No/100 Dollars($2,050,000.00),which shall be paid in cash at the "Closing"
as defined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement,in accordance with Section 11
herein, an escrow shall be opened at Old Republic Title Company, 796 El Camino Real, San Carlos,CA
94070(650)591-6782 (Escrow numbers 360004063 and 0360004064)or other title company acceptable
to District and POST(hereinafter"Escrow Holder")through which the purchase and sale of the Property
shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to
serve as escrow instructions to Escrow Holder provided that the parties shall execute such additional
supplementary or customary escrow instructions as Escrow Holder may reasonably require. This
Agreement may be amended or supplemented by explicit additional escrow instructions signed by the
parties,but the printed portion of such escrow instructions shall not supersede any inconsistent provisions
contained herein. Escrow Holder is hereby appointed and instructed to deliver,pursuant to the terms of
this Agreement,the documents and monies to be deposited into the escrow as herein provided,with the
following terms and conditions to apply to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or before
August 31,2005;provided however,that the parties may,by written agreement, extend the time for
Closing. The term"Closing" as used herein shall be deemed to be the date when Escrow Holder causes the
Grant Deed(as defined below)to be recorded in the Office of the County Recorder of San Mateo County.
B. POST and District shall, during the escrow period, execute any and all documents
and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale
pursuant to the terms of this Agreement.
C. POST shall deposit into the escrow on or before the Closing an executed and
recordable Grant Deed,covering the Property as described in said Exhibit"A".
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly executed
by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of Two
Million Forty-nine Thousand and No/100 Dollars($2,049,000.00)which is the balance of the Purchase
Price of Two Million Fifty Thousand and No/100 Dollars as specified in Section 2. The balance of$1,000
is paid into escrow in accordance with Section 11 of this Agreement.
E. District shall pay the escrow fees,the CLTA Standard Policy of Title Insurance, if
required by District,and all recording costs and fees. All other costs or expenses not otherwise provided
for in this Agreement shall be apportioned or allocated between District and POST in the manner
customary in San Mateo County. All current property taxes on the Property shall be pro-rated through
escrow between District and POST as of the Closing based upon the latest available tax information using
the customary escrow procedures.
F. POST shall cause Old Republic Title Company,or other title company acceptable
to District and POST,to be prepared and committed to deliver to District,a CLTA Standard Policy of Title .
Insurance,dated as of the Closing, insuring District in the amount of$4,100,000.00 for the Property
showing title to the Property vested in fee simple in District,subject only to: (i)current real property taxes;
(ii)exception number 4 as listed in Preliminary Report No. 0360004063 dated December 24, 2004 and
exceptions numbered 7 and 8 as listed in Preliminary Report No. 0360004064 dated December 24,2004;
Purchase Agreement Page 3
and(iii)such additional title exceptions as may be approved in writing by District prior to the Closing as
determined by District in its sole and absolute discretion.
G. Escrow Holder shall,when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing have been
I
fulfilled,cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the
County Recorder of San Mateo County. Upon the Closing,Escrow Holder shall cause to be delivered to
District the original of the policy of title insurance required herein, and to POST Escrow Holder's check for
the full purchase price of the Subject Property(less POST's portion of the expenses described in Section
3.E.), and to District or POST, as the case maybe, all other documents or instruments which are to be
delivered to them. In the event the escrow terminates as provided herein,Escrow Holder shall return all
monies, documents or other things of value deposited in the escrow to the party depositing the same.
4. Covenant Regarding Recognition of Significant Supporters. District shall permit POST to
reserve the right to specially recognize"Significant Supporters"(as such term is defined in and in
compliance with the criteria set out in District's"Policies for Site Naming and Gift Recognition"as are in
effect as of the date of this Agreement and as such may hereinafter be amended from time to time)by the
naming in a manner desired by a Significant Supporter(s)and acceptable to POST of any specific
locations,land formations,trails,natural and physical features,or other areas of significance within the
Property. POST may exercise this reservation by stating in writing to District its request for such
tion on or before five 5 ears following the Closing. Such recognition shall be on plaques or
recognition ( )Y g g gn P q
small signs,which shall be unobtrusive and consistent with the purpose for which District is acquiring the
Property including the preservation of public open space and natural habitat. Any and all costs associated
with such recognition shall be borne by POST. This covenant shall automatically terminate five(5)years
from the date of Closing. District acknowledges, accepts and agrees that it is taking title to the Property
subject to a plaque mounted on a boulder located near and depicting the former site of the Gilchrist family
residence and dairy operation. District further acknowledges, accepts and agrees that said plaque and
boulder meet all of the requirements of this Section 4.
5. Rights and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any
further obligations hereunder,except as otherwise provided herein. Upon any such termination of escrow,
all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow
cancellation charges(subject to rights of subrogation against any party whose fault may have caused such
termination of escrow),and each party expressly reserves any other rights and remedies which it may have
against any other party by reason of a wrongful termination or failure to close escrow.
6. POST's Representations and Warranties. For the purpose of consummating the sale and
purchase of the Property in accordance herewith, POST makes the following representations and
warranties to District,which shall survive close of escrow, each of which is material and is being relied
upon by District.
A. Authori1y. POST has the full right,power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other documents
delivered by POST to District now or at the Closing have been or will be duly authorized and executed and
delivered by POST and are legal,valid and binding obligations of POST sufficient to convey to District the
Subject Property described therein,and are enforceable in accordance with their respective terms and do
not violate any provisions of any agreement to which POST is a party or by which POST may be bound or
any articles,bylaws or corporate resolutions of POST.
I
Purchase Agreement Page 4
7. Waiver of Relocation Benefits and Statutory Compensation. POST and District
understand and agree that POST may be entitled to receive certain relocation benefits and the fair market
value of the Property described in Exhibit"A", as provided for by the Federal Uniform Relocation
Assistance and Real Property Acquisition Act of 1970(Public Law 91-646),the Uniform Relocation Act
Amendments of 1987(Public Law 100-17,Title IV of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Statutes,246-256)(42 U.S.C. '4601 et seq.),and the California Relocation
Assistance Act, Government Code Section 7260 et seq. POST hereby waives any and all existing and/or
future claims or rights POST may have to any relocation assistance,benefits,procedures, or policies as
provided in said laws or regulations adopted there under and to any other compensation, except as
provided in this Agreement. POST has been advised as to the extent and availability of such benefits,
procedures,notice periods, and assistance, and freely and knowingly waives such claims,rights and notice
periods except as set forth in this Agreement, including the fair market value of said Property.
8. As-Is Purchase and Sale. This sale is made without representation or warranty by POST,
except as expressly set forth in this Agreement. District represents,warrants, acknowledges and agrees
that it has had full and ample opportunity prior to the execution of this Agreement to investigate the
Property including,but not limited to,the physical condition thereof,the presence,absence or condition of
improvements thereon; and that District shall purchase the Property AS-IS WITH ALL FAULTS.
9. Hazardous Waste.
A. Definitions. The term"Hazardous Waste," as used herein,means any substance,
material or other thing regulated by or pursuant to any federal, state or local environmental law by reason
of its potential for harm to human health or the environment because of its flammability,toxicity,
reactivity, corrosiveness or carcinogenicity. The term"Hazardous Waste" also includes without limitation,
polychlorinated biphenyls,benzene,asbestos,petroleum,petroleum by-products, gas, gas liquids and lead.
The term"Environmental Law" as used herein includes, without limitation,the Comprehensive
Environmental Response,Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.)and
the Resource Conservation and Recovery Act(42 U.S.C. Section 6901 et seq.)
B. Representations and Warranties. For the purpose of consummating the sale and
purchase of the Property,POST makes the following representations and warranties to District,which shall
survive close of escrow, each of which is material and is being relied upon by District:
(i) To POST's knowledge the Property does not contain and has not
previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has
been or is being used, manufactured,handled, generated, stored, treated, discharged,present,buried or
disposed of on,under or about the Property, or transported to or from the Property,nor has POST
undertaken,permitted,authorized or suffered any of the foregoing;
(ii) POST has not received any notice and POST has no actual knowledge
that any private person or governmental authority or administrative agency or any employee or agent
thereof has determined, alleged or commenced or threatened to commence any litigation, or other
proceedings,to determine that there is a presence,release,threat of release,placement on,under or about
the Property, or the use,manufacture,handling, generation, storage,treatment, discharge,burial or
disposal on,under or about the Property,or the transportation to or from the Property, of any Hazardous
Waste,nor has POST received any communication from any such person or governmental agency or
authority concerning any such matters.
C. Indemnily. POST shall indemnify, defend and hold harmless District from and
against and all claims, liabilities, losses,damages, and costs incurred or suffered by District,including
Purchase Agreement Page 5
without limitation,attorney, engineering and other professional or expert fees,to the extent arising from
any breach of the warranties or representations contained herein. POST's obligation to indemnify,defend
and hold harmless pursuant to this Section 9 shall not apply where,based on its own inspections,testing,
evaluations and knowledge of the Property,District knew or had reason to know of the existence of any
Hazardous Waste or underground storage tanks on,under,or about the Property prior to the Closing.
10. Miscellaneous Provisions.
Access for Investigations. From the date POST delivers an executed copy pY of this
Purchase Agreement to District and until the Closing,District and District's agents, lender,contractors,
engineers,consultants,employees,subcontractors and other representatives("District Parties")may,upon
the giving of reasonable advance written notice to POST,enter upon the Property for the purpose of
inspecting,testing and evaluating the same;provided,however,that District may not perform any work on
the Property without POST's prior written consent,which shall not be unreasonably withheld or delayed
and further provided that District shall give POST at least 24 hours' prior notice of each proposed entry by
District. District shall indemnify,protect,defend and hold POST free and harmless from and against any
and all claims,actions,causes of action,suits,proceedings,costs,expenses(including, without limitation,
reasonable attorneys' fees and costs), liabilities,damages,and liens caused by the activities of District
Parties while upon the Property prior to the Closing;provided,however,the foregoing indemnity shall not
cover or include any claims,damages or liens resulting from District's discovery of any Hazardous Waste
or other pre-existing adverse conditions pursuant to its inspections,testing or evaluation. District's
inspections shall be at District's sole expense. District shall repair any damage to the Property that may be
caused by District Parties while on the Property performing its inspections.
B. Choice of Law. The internal laws of the State of California,regardless of any
choice of law principles, shall govern the validity of this Agreement,the construction of its terms and the
interpretation of the rights and duties of the parties.
C. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may: (i)extend the time for the performance of
any of the obligations of the other party; (ii)waive any inaccuracies in representations and warranties made
by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii)waive
compliance by the other party with any of the covenants contained in this Agreement or the performance of
any obligations of the other party;or(iv)waive the fulfillment of any condition that is precedent to the
performance by such party of any of its obligations under this Agreement. The General Manager is
authorized to agree to an extension of the time for the performance of any obligations on the part of
District or POST pursuant to this Agreement, and to take any actions and execute any documents necessary
or appropriate to closing escrow and completing this conveyance. Any agreement on the part of any party
for any such amendment,extension or waiver must be in writing.
D. Rights Cumulative. Each and all of the various rights,powers and remedies of the
parties shall be considered to be cumulative with and in addition to any other rights,powers and remedies
which the parties may have at law or in equity in the event of the breach of any of the terms of this
Agreement. The exercise or partial exercise of any right,power or remedy shall neither constitute the
exclusive election thereof nor the waiver of any other right,power or remedy available to such party.
E. Notices. Whenever any party hereto desires or is required to give any notice,
demand,or request with respect to this Agreement(or any Exhibit hereto), each such communication shall
be in writing and shall be deemed to have been validly served, given or delivered at the time stated below
if deposited in the United States mail,registered or certified and return receipt requested,with proper
postage prepaid, or if delivered by Federal Express or other private messenger,courier or other delivery
Purchase Agreement Page 6
service or sent by facsimile transmission by telex,telecopy,telegraph or cable or other similar electronic
medium, addressed as indicated as follows:
POST: Peninsula Open Space Trust
3000 Sand Hill Road
Bldg. #1, Suite 155
Menlo Park,CA 94025
Attn: Audrey Rust,President
TEL: (650) 854-7696
FAX: (650) 854-7703
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos,CA 94022
Attn: L. Craig Britton, General Manager
TEL: (650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled
notice shall promptly be sent by mail(in the manner provided above)to the addressee. Service of any such
communication made only by mail shall be deemed complete on the date of actual delivery as indicated by
the addressee's registry or certification receipt or at the expiration of the third(3rd)business day after the
date of mailing,whichever is earlier in time. Either party hereto may from time to time,by notice in
writing served upon the other as aforesaid,designate a different mailing address or a different person to
which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this
Agreement shall excuse either party from giving oral notice to the other when prompt notification is
appropriate,but any oral notice given shall not satisfy the requirement of written notice as provided in this
Section.
F. Severability. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction,the decision of
which is binding upon the parties,the parties agree that such determination shall not result in the nullity or
unenforceability of the remaining portions of this Agreement. The parties further agree to replace such
void or unenforceable provisions which will achieve,to the extent possible,the economic,business and
other purposes of the void or unenforceable provisions.
G. Counterparts. This Agreement may be executed in separate counterparts,each of
together, hall constitute a single
which shall be deemed as an original, and when executed, separately or s co g
original instrument, effective in the same manner as if the parties had executed one and the same
instrument.
H. Waiver. No waiver of any term,provision or condition of this Agreement,
whether by conduct or otherwise,in any one or more instances, shall be deemed to be,or be construed as,a
further or continuing waiver of any such term,provision or condition or as a waiver of any other term,
provision or condition of this Agreement.
I. Entire Agreement. This Agreement is intended by the parties to be the final
expression of their agreement; it embodies the entire agreement and understanding between the parties
hereto;it constitutes a complete and exclusive statement of the terms and conditions thereof,and it
supersedes any and all prior correspondence,conversations,negotiations,agreements or understandings
relating to the same subject matter.
Purchase Agreement Page 7
J. Time of Essence. Time is of the essence of each provision of this Agreement in
p
which time is an element.
K. Survival of Covenants. All covenants of District or POST which are expressly
intended hereunder to be performed in whole or in part after the Closing, and all representations and
warranties by either party to the other, shall survive the Closing and be binding upon and inure to the
benefit of the respective parties hereto and their respective heirs, successors and permitted assigns.
L. Assignment. Except as expressly permitted herein,neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party without the prior
written approval of the other party.
M. Further Documents and Acts and Compliance with Applicable Laws. Each of the
parties hereto agrees to execute and deliver such further documents and perform such other acts as may be
reasonably necessary or appropriate to consummate and carry into effect the transaction described and
contemplated under this Agreement. The parties agree that the District's obligation to complete the
transaction contemplated in this Agreement, and to close the escrow, is conditioned upon District's
compliance with any laws applicable to the District's acquisition of the Property.
N. Binding on Successors and Assigns. This Agreement and all of its terms,
conditions and covenants are intended to be fully effective and binding,to the extent permitted by law, on
the successors and permitted assigns of the parties hereto.
O. Captions. Captions are provided herein for convenience only and they form no
part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement,
nor as evidence of the intention of the parties hereto.
P. Pronoun References. In this Agreement, if it be appropriate,the use of the
singular shall include the plural, and the plural shall include the singular, and the use of any gender shall
include all other genders as appropriate.
Q. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or
the performance or breach thereof,the parties agree first to participate in non-binding mediation in order to
resolve their dispute. If the parties are unable to resolve their dispute through mediation,or if there is any
remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy
or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired
or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with
the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. including the right to
discovery. Hearings shall be held in Santa Clara or San Mateo County, California. If the parties are
unable to agree upon an arbitrator,the arbitration shall be conducted by Judicial Arbitration and Mediation
Services,Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in
all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE ANY
DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF
DISPUTES"PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO
HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.BY INITIALING IN THE
SPACE BELOW,YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE"ARBITRATION OF DISPUTES"
PROVISION.IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF
Purchase Agreement Page 8
THE CALIFORNIA CODE OF CIVIL PROCEDURE.YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES"PROVISION TO NEUTRAL ARBITRATION. �t,�,,
POST INITIAL DISTRICT INITIALY►`(1
11. Acceptance. Provided that this Agreement is executed by POST and delivered to District
on or before June 21, 2005,District shall have until midnight June 29,2005 to accept and execute this
Agreement,and during said period this instrument shall constitute an irrevocable offer by POST to sell and
convey the Property to District for the consideration and under the terms and conditions herein set forth.
Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of
this Purchase Agreement by District. As consideration for said irrevocable offer, District has paid
into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100
($1,000.00),which shall be applied to the Purchase Price as set forth in Section 2 hereof.
Provided that this Agreement is accepted by District,this transaction shall close as soon as
practicable in accordance with the terms and conditions set forth herein.
Purchase Agreement Page 9
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly
authorized officers to be effective as of the date of final execution by District in accordance with the terms
hereof.
DISTRICT: POST:
MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST,
SPACE DISTRICT a California non-profit,public benefit
corporation
APPROVED AND ACCEPTED:
i
President,Board of Directors Audrey C. R Pre�si*dent
Date Date
ATTEST:
District Clerk
Date:
ACCEPTED FOR RECOMMENDATION
Michael C. Williams,Real Property Manager
APPROVED AS TO FORM:
Susan M. Sc ectman, General Counsel
RECO NDED ORAPPROVAL:
L. Craig Britton, eneral Manager
OLD h _'UBLIC TITLE COMPAN, EXHIBIT A
* 601 Allerton Street • Redwood City, CA • 94063 • (650)365-8080 • Fax: (650)365-9524
PRELIMINARY REPORT
Issued for the sole use of: Our Order Number 0360004063-SG
MIDPENINSULA OPEN SPACE DISTRICT, A CALIFORNIA
PARTNERSHIP
330 DISTEL CIRCLE
LOS ALTOS, CA 94022 When Replying Please Contact:
Attention: MIKE WILLIAMS Susan Goulet
(650) 365-8080
Buyer:
MIKE WILLIAMS
Property Address:
, CA
[Unincorporated area of San Mateo County]
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies may be set forth in Exhibit A attached.
Copies of the Policy forms should be read.They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of
matters which are not covered under the terms of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects,and encumbrances affecting title to the land.
This report(and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of
a policy of title insurance, a Binder or Commitment should be requested.
Dated as of December 24, 2004, at 7:30 AM
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page 1 of 4 Pages
nRT 31.SR-A (Rev. S/1/nrn
I
OLD REPUBLIJ&LE COMPANY
ORDER NO. 0360004063-SG
The form of policy of tide insurance contemplated by this report is:
A CLTA Standard Coverage (1990) Owner's Policy; AND an ALTA Loan Policy. A specific
request should be made if another form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred or covered by this Report is:
a Fee.
Title to said estate or interest at the date hereof is vested in:
PENINSULA OPEN SPACE TRUST, a California Public Benefit Corporation
The land referred to in this Report is situated in the unincorporated area of the County of San Mateo, state of California,
and is described as follows:
The South 1/2 of the Southwest 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 25, Township 5
South, Range 5 West, Mount Diablo Base and Meridian of Official Records of San Mateo County, California.
APN: 067-310-140 JPN: 067-031-310-06A (PTN)
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows:
1. Taxes and assessments, general and special, for the fiscal year 2005 - 2006, a lien, but not
yet due or payable.
2. Taxes and assessments, general and special, for the fiscal year 2004 - 2005, as follows:
Assessor's Parcel No 067-310-140
Code No. 87-013
1st Installment $9.00 Marked Paid
2nd Installment $9.00 NOT Marked Paid
Land $170,159.00
Imp. Value $0.00
P.P Value $0.00
Exemption $0.00
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et
seq., of the Revenue and Taxation Code of the State of California.
4. Rights or claims of easements not recorded in the public records.
Page 2 of 4 Pages
nRT 31 ;R-R
OLD REPUBL. TLE COMPANY
ORDER NO. 0360004063-SG
5. Any lack of access, or a right of access, or a right to access to and from the land (any access
coverage contained in this policy and/or endorsements thereto is NOT being provided,
notwithstanding any statement therein to the contrary).
6. NOTE: The requirement that satisfactory evidence be furnished to this Company evidencing
the due formation and continued existence of Peninsula Open Space Trust as a legal entity
under the laws of California.
NOTE: Office of the Secretary of State
Corporate Filing
1500 - 11th, 3rd Floor
Sacramento, CA 95814
(916) 657-5448
Reports that Peninsula Open Space Trust, a California Public Benefit corporation, was
incorporated on 2/10/1977 and is presently in good standing, etc.
7. Rights and claims of parties in'possession.
8. This is a vacant lot; accordingly, we should anticipate a construction loan. If there is such a
loan involved, we must inspect the subject property immediately prior to recording to
determine that we have mechanic lien priority..In the event we have a loss of priority due to
work having commenced or materials delivered on the site prior to the recording of the
construction loan deed of trust, management must approve (i.e., relying on an indemnity
agreement to insure the loan, etc.).
9. Any claim of lien for services, labor or material arising from an improvement or work under
construction or completed at the date hereof.
10. The requirement that this Company be provided with an opportunity to inspect the land (the
Company reserves the right to make additional exceptions and/or requirements upon
completion of its inspection).
-------------------- Informational Notes-------------------
A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears
to be section(s) 2.1.A & 3.1.B.2.
Page 3 of 4 Pages
nRT'WSR-R
OLD REPUBLICOLE COMPANY
i
ORDER NO. 0360004063-SG
B. Short Term Rate ("STR'� does not apply.
C. NOTE: According to the public records, there have been no deeds conveying the property
described in this report recorded within a period of 24 months prior to the date hereof
except as follows:
NONE
I
D. In addition to existing requirements pertaining to sellers who are non-residents of California,
as a result of recent changes to Section 18662 of the Revenue and Taxation Code, in
transactions closing after January 1, 2003 the buyer may then be responsible to withhold 3
1/3% of the sales price (as defined therein) from any seller, if this property is not the seller's
principal residence. The statute, as modified, also provides for certain exemptions to the
buyer's responsibility to withhold, which may apply.
E. All original documents are to be forwarded to:
Old Republic Title Co.
601 Allerton Street
Redwood City, CA 94063
Attn: Steven Johnson
I
Copies of recording packages and all support documentation should be forwarded to:
Old Republic Title Company
524 Gibson Drive
Roseville, CA 95678
Attn: Title Only Desk
ORT 22-02
Phone: (916) 781-4100
Fax: (916) 784-3563
O.N.
lou
i
Page 4 of 4 Pages
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N I 36i31 Q pARCE1 MAP VOL 36/2/•21 Y—
o CABRILLO UNIFIED sCNOOI D/srRler 1/m O
N
OLD ROUBLIC TITLE COMPAN10
lit 601 Allerton Street• Redwood City, CA • 94063 • (650)365-8080 Fax: (650) 365-9524
PRELIMINARY REPORT
Issued for the sole use of: Our Order Number 0360004064-SG
MIDPENINSULA OPEN SPACE DISTRICT
330 DISTEL CIRCLE
LOS ALTOS, CA 94022
When Replying Please Contact:
Susan Goulet
(650) 365-8080
Buyer:
MIDPENINSULA OPEN SPACE DISTRICT
Property Address:
CA
[Unincorporated area of San Mateo County]
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies may be set forth in Exhibit A attached.
Copies of the Policy forms should be read.They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of
matters which are not covered under the terms of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens,defects, and encumbrances affecting title to the land.
This report(and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of
a policy of title insurance, a Binder or Commitment should be requested.
Dated as of December 24, 2004, at 7:30 AM
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page I of 7 Pages
ORT'31';R-A (Rpv. 5/1/nn)
OLD REPURL. XLE COMPANY
ORDER NO. 0360004064-SG
The form of policy of title insurance contemplated by this report is:
A CLTA Standard Coverage (1990) Owner's Policy; AND an ALTA Loan Policy. A specific
request should be made if another form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred or covered by this Report is:
a FEE as to Parcels I, V, IX, XIII and EASEMENTS as to Parcels II, III, IV, VI, VII, VIII, X, XI,
XII, XIV and XV.
Title to said estate or interest at the date hereof is vested in:
PENINSULA OPEN SPACE TRUST, a California non-profit benefit corporation
The land referred to in this Report is situated in the unincorporated area of the County of San Mateo, state of California,
and is described as follows:
PARCEL I:
The Southeast one-quarter of Section No. 27 in Township 5 South, Range 5 West, Mount Diablo Base and
Meridian.
Said lands being further set forth in that certain Certificate of Compliance recorded April 30, 1990 as
Document No. 90057241 San Mateo County Records.
PARCEL II:
Such rights as the owner of Parcel I described above may have to use, in common with all others entitled to
use that certain roadway over the 536 acre tract of Frank Madonna; said tract being the Northeast portion of
Section 27, Township 5, Range 5, said roadway being 30 feet wide and 252 rods long, pursuant to that certain
Agreement made January 28, 1896 and recorded in Book 71 of Deeds at Page 314, Records of San Mateo
County, California. Said roadway roughly follows the Southerly boundary of APN 056-450-010 and connects to
Miramontes Road, a private roadway.
PARCEL III:
A non-exclusive easement for ingress, egress, access and underground utilities purposes a strip of land having
a uniform width of 30 feet crossing the Southerly portion of the lands set forth in that Certificate of
Compliance recorded April 30, 1990 as Document No. 90057240, San Mateo County Records and running
Westerly from a point in the Easterly boundary thereof at a point approximately 680 feet Northerly from the
Southeast corner, to the Southwest corner of said parcel.
The easements described as Parcels II, III and IV are for the benefit of and are appurtenant to Parcel I above
described.
PARCEL V:
The North one-half of the Southwest one-quarter and the South one-half of the Northwest one-quarter of
Section No. 26 in Township 5 South, Range 5 West, Mount Diablo Base and Meridian.
Page 2 of 7 Pages
ORT31 SR-R
OLD REPUBLIC LE COMPANY
ORDER NO. 0360004064-SG
Said lands being further set forth in that certain Certificate of Compliance recorded April 30, 1990 as
Document No. 90057239 San Mateo County Records.
PARCEL VI:
Such rights as the owner of Parcel V described above may have to use, in common with all others entitled to
use, that certain roadway over the 536 acre tract of Frank Madonna; said tract being the Northeast portion of
Section 27, Township 5, Range 5, said roadway being 30 feet wide and 252 rods long, pursuant to that certain
Agreement made January 28, 1896 and recorded in Book 71 of Deeds at Page 314, Records of San Mateo
County, California. Said roadway roughly follows the Southerly boundary of APN 056-450-010 and connects to
Miramontes Road, a private roadway.
PARCEL VII:
A non-exclusive easement 30 feet wide for ingress, egress, access and underground utilities purposes, the
centerline of which is the centerline of an existing traveled road, across, over and under the lands set forth in
those Certificates of Compliance recorded april 30, 1990 as Document Nos. 90057241 and 90057242, Records
of San Mateo County.
PARCEL VIII:
A non-exclusive easement for ingress, egress, access and underground utilities purposes within a strip of land
having a uniform width of 30 feet crossing the Southerly portion of the lands set forth in that Certificate of
Compliance recorded April 30, 1990 as Document No. 90057240, San Mateo County Records and running
Westerly from a point in the Easterly boundary thereof at a point approximately 680 feet Northerly from the
Southeast corner of said parcel.
The easements described as Parcels VI, VII and VIII are for the benefit of and are appurtenant to Parcel V
above described.
PARCEL IX:
The South one-half of the Northeast one-quarter and the North one-half of the Southeast one-quarter of
Section 26 in Township 5 South, Range 5 West, Mount Diablo Base and Meridian.
Said lands being further set forth in that certain Certificate of Compliance recorded April 30, 1990 as
Document No. 90057242 San Mateo Records.
PARCEL X:
Such rights as the owner of Parcel IX described above may have to use, in common with all others entitled to
use, that certain roadway over the 536 acre tract of Frank Madonna; said tract being the Northeast portion of
Section 27, Township 5, Range 5, said roadway being 30 feet wide and 252 rods long, pursuant to that certain
Agreement made January 28, 1896 and recorded in Book 71 of Deeds at Page 314, records of San Mateo
County, California. Said raodway roughly follows the Southerly boundary of APN 056-450-010 and connects to
Miramontes Road, a private roadway.
PARCEL XI:
Page 3 of 7 Pages
ORT11SR-R
OLD REPUBL rLE COMPANY
ORDER Nt,. 0360004064-SG
A non-exclusive easement 30 feet wide for ingress, egress access and underground utitlites purposes, the
centerline of which is the centerline of an existing traveled road, acrosss, over and under the lands set forth in
those Certificates of Compliance recorded April 30, 1990 as Document Nos. 90057239 and 90057241, Records
of San Mateo County.
PARCEL XII:
A non-exclusive easement for ingress, egress, access and underground utilities purposes within a strip of land
having a uniform width of 30 feet crossing the Southerly portion of the lands set forth in that Certificate of
Compliance recorded April 30, 1990 as Document No. 90057240, San Mateo County Records and running
Westerly from a point in the Easterly boundary thereof at a point approximately 680 feet Northerly from the
Southeast corner, to the Southwest corner of said parcel.
The easements described as Parcels X, XI and XII are for the benefit of and are appurtenant to Parcel IX
above described.
PARCEL XIII:
BEGINNING at a point on the East line of the Miramontes Rancho, which point is also the corner common to
the Southwest corner of Section 27 and the Northwest corner of Section 34, Township 5 North, Range 5
South, M.D.B.&M.; running thence North along the East line of said Rancho 2463 feet to the general Southerly
line of Parcel III of the lands conveyed to Mortimer Levitt by that certain Deed recorded October 26, 1965 in
Book 5051 of Official records at Page 289 (File No. 4362-Z); thence along said general Southerly line of said
last mentioned lands the following courses and distances; North 530 41' West 151.0 feet; running thence
North 820 35' West 238.0 feet; running thence South 631 24' West 112.0 feet; running thence South 820 46'
West 272.0 feet; running thence North 790 41' West 338.0 feet; running thence South 290 37' West 95.0 feet;
running thence South 610 24' West 126.0 feet; running thence South 180 30' West 316.0 feet to the West line
of said parcel; running thence South 2116.8 feet to the Southwest corner of said parcel; running thence East
along the South line of said parcel to the point of beginning.
Said lands being further set forth in that certain Certificate of Compliance recorded April 30, 1990 as
Document No. 90057240 San Mateo County Records.
PARCEL XIV:
Such rights as the owner of Parcel XIII described above may have to use, in common with all others entitled to
use, that certain roadway over the 536 acre tract of Frank Madonna; said tract being the Northeast portion of
Section 27, Township 5, Range 5, said roadway being 30 feet wide and 252 rods long, pursuant to that certain
Agreement made January 28, 1896 and recorded in Book 71 of Deeds at Page 314, Records of San Mateo
County, California. Said roadway roughly follows the Southerly boundary of APN 056-450-010 and connects to
Miramontes Road, a private roadway.
PARCEL XV:
A non-exclusive easement 30 feet wide for ingress, egress, access and underground utilities purposes, the
centerline of which is the centerline of an existing traveled road, across, over and under the lands set forth in
those Certificates of Compliance recorded April 30, 1990 as Document Nos. 90057239, 90057241 and
90057242, Records of San Mateo County.
Page 4 of 7 Pages
ORT 31';R-R
OLD REPUBLIC. `LE COMPANY
ORDER NO. 0360004064-SG
i
The easements described as Parcels XIV and XV are for the benefit of and are appurtenant to Parcel XIII
above described.
A.P.N. 056-440-010. J.P.N. 056-044-440-01A
056-440-060 056-044-440-04A
056-440-070 056-044-440-05A
056-450-020 056-045-450-02A
i
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows:
1. Taxes and assessments, general and special, for the fiscal year 2005 - 2006, a lien, but not
yet due or payable.
2. Taxes and assessments, general and special, for the fiscal year 2004 - 2005, as follows:
Assessor's Parcel No 056-440-010
Code No. 87-029
1st Installment $9.00 Marked Paid
2nd Installment $9.00 NOT Marked Paid
Land $329,807.00
Imp. Value $0.00
Exemption $329,807.00
3. Taxes and assessments, general and special, for the fiscal year 2004 - 2005, as follows:
Assessor's Parcel No 056-440-060
Code No. 87-029
1st Installment $9.00 Marked Paid
2nd Installment $9.00 NOT Marked Paid
Land $329,806.00
Imp. Value $0.00
Exemption $329,806.00
4. Taxes and assessments, general and special, for the fiscal year 2004 - 2005, as follows:
Assessor's Parcel No 056-440-070
Code No. 87-029
1st Installment $9.00 Marked Paid
2nd Installment $9.00 NOT Marked Paid
Land $329,807.00
Imp. Value $0.00
Exemption $329,807.00
Page 5 of 7 Pages
ORT 'i1 SR-R
i
OLD REPUBLI TLE COMPANY
ORDER NO. 0360004064-SG
5. Taxes and assessments, general and special, for the fiscal year 2004 - 2005, as follows:
Assessor's Parcel No 056-450-020
Code No. 87-029
1st Installment $9.00 Marked Paid
2nd Installment $9.00 NOT Marked Paid
Land $156,100.00
Imp. Value $0.00
Exemption $156,100.00
6. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et
seq., of the Revenue and Taxation Code of the State of California.
7. EASEMENT for any existing road, public or private, as may lie within the herein described
property.
8. EASEMENT for drainage within any creek or stream traversing the herein described property,
together with the rights of the public in and to the waters and the use of such creeks or
streams, to the high water mark.
9. Rights or claims of parties in possession.
10. Any unrecorded and subsisting leases.
11. The requirement that this Company be provided with an opportunity
to ins ect the land (the
Company reserves the right to make additional exceptions and/or requirements upon
completion of its inspection).
12. The requirement that a certified copy of a resolution of the board of directors be furnished to
this Company authorizing or ratifying the proposed conveyance, and that there be annexed
to the conveyance a certificate of compliance and approval meeting the requisites of Section
5912 Corporations Code.
Page 6 of 7 Pages
ORT 315R-R
OLD REPUSLIt LE COMPANY
ORDER NO. 0360004064-SG
-------------------- Informational Notes-------------------
A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears
to be section(s) 2.1C &3.1132.
B. Short Term Rate ("STR') does not apply.
C. NOTE: According to the public records, there have been no deeds conveying the property
described in this report recorded within a period of 24 months prior to the date hereof
except as follows:
NONE
D. In addition to existing requirements pertaining to sellers who are non-residents of California,
as a result of recent changes to Section 18662 of the Revenue and Taxation Code, in
transactions closing after January 1, 2003 the buyer may then be responsible to withhold 3
1/3% of the sales price (as defined therein) from any seller, if this property is not the seller's
principal residence. The statute, as modified, also provides for certain exemptions to the
buyer's responsibility to withhold, which may apply.
O.N.
rd
i
Page 7 of 7 Pages
(ART 31 SR-R
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NOTICE...This Is neiither a plat nor a survey,it Is CAMILLO WfIED JCxooc DISUICT u
furnished merely as:
lnc:n'iing the Innd indicated hereon with reference
N s�rep.ts and other land. no liability is assumed °
G ..h
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t; furnished merely as a convenience to aid you in o
o locnting the land indicated hereon with reference
�+ -'ireets and other land. no liability is assumed ^�
reason of any reliance hereon.
Regional Open S, Ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L. Craig Britton, General Manag
DATE: June 24, 2005
RE: FYI's
I
i
'A OER€EST
SAN MATEO COUNTY FARM BUREAU
765 MAIN STREET
HALF MOON BAY, CALIFORNIA 94019
PHONE (650) 726-4485
Craig Britton Date: 6/21/05
From: Jack Olsen
Subject: Miramontes Ridge (Gilcrest Ranch)
This is Farm Bureau's first attempt at a property consolidation. Please review and we
look forward to further refining this process.
EIVED
JUN 22 as
410PENINSUI_AiJEGIONA-LopE�
WA.2=DISTRICT
MIRAMONTES RIDGE (GILCREST RANCH)
AREA
3 parcels totaling 676 acres
LOCATION
Located adjacent to the Mills Creek Open Space Preserve along Miramontes Ridge and
South of Highway 92. Access is by a private ranch road originating near Obester Winery
at Highway 92 and passing through the POST Madonna Creek Ranch. This is a private
road and not open to public vehicular or trail use.
WATERSHED/DRAINAGE
This property is located in the Pilarcitos Creek Watershed and contains tributaries to
Mills Creek and Madonna Creek.
Farm Bureau has a Watershed Working Group in the Pilarcitos Watershed.
HISTORICAL EAGE
Based on recollections of Board members—this"history" is based on personal
knowledge and discussion with prior farmers of activities, which have occurred from the
1940's,forward;
o Commencing approximately in the mid 1940's, Elbert Marsh farmed this
ranch. Thru the ensuing decades of the 1950's, 1960's, and early 1970's
the farming activity continued by Mr. Marsh,Clyde Beffa Jr. and Ventura
Pimentel. The rotation included the harvesting of grain crops,followed by
grazing by cattle (or dry dairy cows).
■ Cropping system included;
• For ground, which had been"fallowed"for several (up to 3
or 4 years),the ground was prepared for planting in late
Oct. or Nov. (after the first rains). The ground was plowed
and then disked and seed broadcast planted, followed by
harrow for covering seed. Grain crop(oats or barley), grew
over the winter to be harvested in June or July. Cash crop
After ha
rvest, cattle or d milk
� Af ( dry was harvested rain ,
g
cows were introduced to graze on
the residual straw and
stubble. In the fall (Oct or Nov),field was once again
prepared for planting. In year two and three,the field no
longer needed plowing. In these years, the field was
disked, broadcast seeded and harrowed. They cycle
repeated for three years and then the field was left fallow,
but used for pasture of cattle or dairy cows for several
years. The cycle would then be repeated. During this time,
this site was more open (less brush). Farming activities
occurred not only on the tops or ridge areas, but also
occurred on the sloped areas. Flax farming was not
recalled on this site.
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Last known farming activity occurred in the early 1990's. At that time,the farm was
planted with oats for harvest as hay and dry land peas. Parcel will be eligible for USDA
programs, as it was in production after the implementation of the Sod Buster provisions
of the FARM BILL Farming at that time was more limited to the"open, ridge areas" and
amounted to 50 acres more or less in production.
FEASABLE AGRICULTURAL USE
Potential Agricultural Uses for property—based on knowledge of parcel.
The historic rotation of grain followed by pasture at the level seen in the 1940's is
currently not a practical use of the site. Constraints include cost of fuel, cost of
reclaiming the historically tillable ground (brush control) and low return on grain crop
(cost/investment vs. return is low).
More likely agricultural use of this site at this time is pasture with a potential for a
rotation of hay,dry crops, in the area's under cultivation in the 1990's, with a potential to
return to use equal to that of the 1940's.
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KNOWN AGRICULTURAL USES OF ADJACENT PARCELS
Adjacent parcels are owned by State parks and POST. Currently State Park lands are not
in agricultural use, but have been historically used in similar fashion as these parcels.
POST Madonna Ranch currently has some agricultural production (dry farming)
INVENTTORY OF KNOWN OR RECALLED AGRICULTURAL
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INFRASTRUCTURE (SPRINGS FENCES ETC.)
This property was fenced on the perimeter and cross-fenced, however, no signs of the
cross fencing exists today. There are at least two springs on the property. One was used
as a water source for the Pimentel residence and the other for livestock watering.
SUGGESTIONS OF INFRASTRUCTURE NEEDED TO ENHANCE
AGRICULTURAL USAGE OF THIS SITE
Fencing: boundary (line)fencing is recognized as the most normal fencing configuration.
However, this may not be practical due to the brush and topography of this site.
Enclosure fencing (around usable pasture area) and cross fencing of pastures is a more
practical way to fence this site.
RECOMMENDATIONS FROM FARM BUREAU BOARD
1. Build flexibility into agricultural usage, review plans for relative changes in the
agricultural economy.
2. Weed eradication to protect potential on site and adjacent ag use.
3. Review existing springs
and other water sources for water supply development.
ment.
4. Recommend grazing/hay rotation
5. A site visit with Farm Bureau sub-committee to determine suggested fence locations.
6. Incentive based leases based on infrastructure cost vs. value of agricultural activity
with respect to overall management goals.
7. Participation by MROSD in the CARCD Public Lands Grazing Workshop 9/05.
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FB BOARD MEMBERS, OTHERS AND FB STAFF CONTRIBUTING TO
REPORT
Bob Marsh,B.J. Burns,Directors,Ron Sturgeon,member,Jack Olsen&Tim Frahm,FB
Staff
/eoo'rge Armanino, President
MROSD presentation 5/9/05
FB Committee Mtg 5/31/05
Site Visit NA
FB Board Action 6/20/05
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