HomeMy Public PortalAbout19771012 - Agendas Packet - Board of Directors (BOD) - 77-24 A Joe Meeting 77-24
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Regular Meeting
Board of Directors
A G E N D A
October 12 , 1977 7 : 30 P.M.
Midpeninsula Regional Open Space District
Suite D-1, 375 Distel Circle*
Los Altos , CA
ROLL CALL
APPROVAL OF MINUTES - September 14 , 1977
September 28 , 1977
WRITTEN CON24UNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
OLD BUSINESS WITH ACTION REQUESTED
(7 :45) 1. Monte Bello Open Space Preserve Addition (Eldridge Property)
(a) Report
(b) Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Authorizing Accept-
ance of Agreements to Purchase Real- Property, Author-
izing Officer to Execute Certificate (s) of Acceptance
of Grant (s) to District, and Authorizing General Manager
to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (s) (Monte
Bello Open Space Preserve Addition--Eldridge Property)
(7 :50) 2 . Appointment of Fremont Older Ranchhouse Committee - K.
Duffy and D. Wendin
(8 :05) 3. Tax Relief Legislation - N. Hanko, R. Bishop and B. Green
NEW BUSINESS WITH ACTION REQUESTED
(8 :15) 4 . Removal of Sheds on Fremont Older Open Space Preserve - J.
Olson
(8 : 30) INFORMATIONAL REPORTS
CLAIMS
(8 :40) EXECUTIVE SESSION - Land Negotiations
ADJOURNMENT
*See map on reverse side for directions to new District office location.
M-77-185
A AA Meeting 77-24
law Agenda Item #1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 7, 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Monte Bello Open Space Preserve Addition (Eldridge
Property)
Discussion:
Subsequent to the August 17, 1977 meeting when the Board
of Directors moved to acquire the 150 acre Eldridge property and
any interest Mr. Eldridge may have in the 610 acre Burns property,
the parties have been discussing possible changes in language in
the purchase agreements.
Minor changes have been made in the agreement for the
610 acre parcel only, and both agreements have now been executed
by Mr. Eldridge.
Recommendation:
It is recommended that the Board of Directors approve the
attached Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of Agreements
to Purchase Real Property, Authorizing Officer to Execute
Certificate (s) of Acceptance of Grant (s) to District, and Author-
izing General manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the Transaction(s) (Monte
Bello Open Space Preserve Addition Eldridge property) .
HG:rh
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF AGREEMENTS TO PUR-
CHASE REAL PROPERTY, AUTHORIZING OFFICER TO
EXECUTE CERTIFICATES) OF ACCEPTANCE OF GRANT (S)
TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUEMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTIONS)
(MONTE BELLO OPEN SPACE PRESERVE ADDITION -
ELDRIDGE PROPERTY)
The Board of Directors of the Midpeninsula Regional Open Space Dis-
trict does hereby resolve as follows:
Section One. The Board of Directors of the Midpeninsula .Regional
Open Space District does hereby accept the offer contained in that
certain Agreement to Purchase Real Property between D. F. Eldridge
and the Midpeninsula Regional Open Space District dated
1977 , a copy of which is affixed hereto and marked Agree-
ment No. 1, and does hereby accept the offer contained in that
certain Agreement to Purchase Real Property between D. F. Eldridge
and the Midpeninsula Regional Open Space District dated
, 1977 , a copy of which is affixed hereto and marked Agree-
ment No. 2, and authorizes the President or other appropriate
officer to execute said agreements on behalf of the District.
Section Two. The President of the Board or other appropriate
officer is authorized to execute a certificate of acceptance to
any deed (s) granting title to said property.
Section Three. The General Manager of the District shall cause
to be given appropriate notice of acceptance to the Seller. The
General Manager further is authorized to execute any and all other
documents in escrow necessa
ry appropriate or a ro riate to the closing of
the transaction (s) .
I
AGREEMENT #1
AGREEMENT TO PURCHASE REAL PROPERTY
AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN D. F. ELDRIDGE,
hereinafter called "Seller" , and MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, hereinafter called "Buyer" or "District" .
1. PURCHASE. Seller agrees to sell to District,
and District agrees to purchase from Seller, Seller ' s real
property located in the City of .Palo Alto, County of Santa
Clara, State of California, described as Parcel 4 in the
property description referred to in preliminary title report
no. 168634-A, dated March 1, 1977 from Valley Title Company,
designated Exhibit A and attached hereto and made a part
hereof by reference, as outlined in red on exhibit map
attached to preliminary title- report no. 168634-A.
2. PURCHASE PRICE; PAYMENT. The total purchase
price shall be $562, 500, payable at the close of escrow.
3- TITLE AND POSSESSION. Title and possession to
the subject property shall be conveyed to District at close
of escrow by grant deed free and clear of all liens, easements,
assessments, restrictions, rights and conditions of record
other than current taxes, public utility easements, the pending
legal action referred to in paragraph 4 hereof, exception
number 8 shown in preliminary title report no. 168634-A and
any other encumbrances acceptable to District as evidenced
by a standard policy of title insurance to be paid for by
District.
4 . RESERVATION OF RIGHTS. Seller excepts and
reserves, and-the grant deed shall- so provide, all rights in
and to the subject property with respect to- that certain
legal action involving Seller, as plaintiff, and the City of
Palo Alto, as defendent (Santa Clara County Superior Court
Case No. 282965) ; Seller also reserves all rights to any
award made to Seller in said action except as hereinafter
provided, together with the right to require the District to
convey the subject property or an interest therein to the
City of Palo Alto if the court in said action determines
that the City of Palo Alto is entitled thereto.
It is the intent of the Seller and the District
that neither this Agreement nor the sale and conveyance of
the subject property to the District shall defeat or diminish
the rights of Seller asserted in said action or provide to
the City of Palo Alto any defense thereto. The final decision
of a court of competent jurisdiction entered after good
faith, bonafide opposition of Seller, holding that this
Agreement or delivery of the grant deed pursuant hereto
defeated or diminished such rights of Seller or provided to
the City of Palo Alto a defense thereto shall, s0 facto,
cause this Agreement and said grant deed to be void ab
initio. The provisions of this paragraph 4 shall not merge
in said grant deed and shall survive the recording thereof.
In the event that the court in said action does yJ
finally determine that title to the_ subject property or an
interest therein is in the City of Palo Alto by reason of
inverse condemnation or that said City is entitled to have
said property or interest conveyed to it, and, further, the
court makes an award of compensation in said action to the
Seller or there is a reversion of title to Seller under any
provisions of this Agreement, the District shall be entitled
to repayment of the consideration paid for the subject
w... .. property under this Agreement, plus interest at- 6% from the
date of closing of escrow. Seller shall indemnify the District
and be personally liable for such repayment and reasonable
-- attorney's fees. Said Grant Deed shall expressly provide
__. that if there is a reconveyance or 'reversion of title to
Seller as provided herein, the District shall have the lien
of a first mortgage on the property and any judgment awarded
in said action as security for such repayment. The first
lien shall be over and above any claims to the award by
" Seller or third parties and shall take priority over attorney
fees and any other expenses of the litigation. It is under-
stood that this provision does not become operative unless
the court in said action determines that title to the subject
property or an interest therein has been or should be vested
in the City of Palo Alto or makes a determination that
effects a reversion of title to Seller hereunder.
If there is a reconveyance or reversion of title
_ w to Seller, and the Court in said action makes a final deter-
mination. that neither title to the subject property nor any
_. interest therein is in the. City of Palo Alto. or to be conveyed..
to it by Seller, then Seller thereupon shall convey title to
the subject property to the District for cash in an amount
equal to any repayment, including interest, previously made
by Seller to District pursuant to this paragraph 4, plus
interest at the rate of 6% per annum from the date of such
repayment to the date of such conveyance of title and other-
wise on the terms set forth herein.
This paragraph 4 shall have no further force or
effect if the action is not brought to trial within five
years as set forth in Section C.C.P. 583 from the date of
the close of escrow.
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t
This Agreement is binding on the heirs, successor
and assigns of the Seller and District. Seller agrees that
the District will not be made a party by Seller in sa.id
action with the City of Palo Alto on the grounds that the
District has inversely condemned the subject property, or a
defendent in any other action for that reason.
-#-- 5. ESCROW TITLE. INSURANCE PRORATIONS.
y.,
(a) Escrow. Upon execution hereof an escrow
shall be opened with Valley Title Company, at its
San Jose, California office or at such other title
company as may be agreeable to the parties.
Escrow: shall_ close within sixty (60) days from the
date of execution of this Agreement.
-(b) Costs and Prorations. All costs of escrow
shall be paid by District. Current taxes and
other items of expense shall be prorated as of the
close of escrow.
- 6. Seller represents and warrants that Seller has
.. not entered into any oral or written leases or rental agree-
ments on all or any portion of the subject property or given
any permission or consent to anyone, expressly or impliedly,
to occupy said property, and Seller agrees to hold the
District harmless from and reimburse the. District for any
and all liability, losses and expenses occasioned by reason
of any lease or rental agreement on the property entered
into by Seller. It is understood, however, that the failure
of Seller to remove or to undertake to remove persons on the
adjoining or the subject property without permission shall
not be deeme
d to constitute implied permission b Seller f t to l "ed r
P i P Y o
such persons to occupy the- adjoining or the subject property.
7.. Seller shall retain possession of the property
conveyed up to and including the date of recording of the
grant deed conveying title to District.
IN WITNESS WHEREOF, Seller and District have
executed this Agreement this day of ,
1977. G �
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
r By
D. F. Eldridge
-3-
AGREEMENT #2
AGREEMENT TO PURCHASE (BURNS) REAL PROPERTY
1. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter
called "District" , has proposed to purchase from Alyce L. Burns for
$3,500 per acre 610 . 52 acres of real property in the City of Palo
Alto, Santa Clara County, particularly described as Parcels 1 , 2 and
.3 in the preliminary title report No. 168634-A, dated March 1, 1977,.y from Valley Title Company attached hereto as Exhibit "A" and incorporated
r
herein by reference..
2. D. F. Eldridge, hereinafter called "Seller", has filed
action No. P26800, in the Superior Court of Santa Clara County, in
which Seller is claiming some right, title or interest in the property,
as to which matter an appeal is now pending in the State Court of
Appeal.
3, Seller agrees that in the event he obtains a final judg-
ment in said action No. P26800 that vests in Seller any right, title
or interest in or to any portion of, or interest in, the property or
determines that Seller is entitled to any portion of, or interest in
the property (such portion or interest herein for convenience collec-
tively called the "Eldridge Property") Seller shall sell, assign,
transfer and convey to District the Eldridge Property, and District
agrees to purchase the Eldridge Property at the rate of $3,500 per acre
77
for each and every acre, or fraction of' an acre, thereof up to but
not in excess of 241 acres.
4. Title to the Eldridge Property shall be conveyed to District
by grant deed, or other appropriate instrument of transfer in form
satisfactory to counsel for District, free and clear of all liens,
easements, assessments, restrictions, rights and conditions of record
other than current taxes, public utility easements, the pending legal
action referred to in Paragraph 5, exceptions number 8, 9, 10, 11, 12,
13, 14 and 15, shown in preliminary title report No. 168634-A and any
other encumbrances acceptable to District as evidenced by a standard
policy of title insurance to be paid for by District; provided, however,
that if title is then subject to any matters of record not shown in
said preliminary title report, Seller shall not be liable therefor
and District' s sole remedy in the event it does not elect to accept
title subject to such other matters shall be to terminate this
Agreement, unless any such other matter was caused or suffered by the
fault of Seller.
5. Seller excepts and reserves, and the grant deed or other
• = appropriate instrument of transfer shall so provide, all rights in
and to the Eldridge Property with respect to that certain legal action
„ involving Seller, as plaintiff, and the City of Palo Alto, as defendant.
(Santa Clara County Superior Court Case No. 282965) ; Seller- also '
reserves all rights to any award made to Seller in said action except
as hereinafter provided, together with the° right to require the District
to convey the Eldridge Property to the City of Palo Alto if the court
in said action determines that the City of Palo Alto is entitled thereto.
It is the intent of the Seller and the District that neither
this Agreement nor the sale, assignment, transfer and conveyance of the
property to the District shall defeat or diminish the rights of°Seller
asserted in said action or provide to the City of Palo Alto any defense
thereto. The final decision of a court of competent jurisdiction
entered after good faith, bonafide opposition of Seller, holding that
this Agreement or delivery of the grant deed or other appropriate
instrument of transfer pursuant hereto defeated or diminished such
rights of Seller or provided to the City of Palo Alto a defense thereto
shall, ipso facto, cause this Agreement and said grant deed or other
appropriate instrument of transfer to be void ab initio. The provisions
of this Paragraph 5 shall not merge in said grant deed or other appro-
priate instrument of transfer and shall survive the recording thereof.
In the event that the court in said action does finally deter-
mine that title to the Eldridge Property is in the City of Palo Alto
by reason of inverse condemnation or that said City is entitled to
have the Eldridge Property conveyed to it, and, further, the court
makes an award of compensation in said action to Seller or there is
I
-2-
a reversion of title to Seller under any provisions of this Agreement,
the District shall be entitled to repayment of the consideration paid
for the Eldridge Property under this Agreement, plus interest at 6%
from the date of closing of escrow. Seller shall indemnify the District
and be personally liable for such repayment and reasonable attorney's
fees. Said grant deed or other appropriate instrument of transfer
shall expressly provide that if there is a reconveyance of title to
Seller as provided herein the District shall have the lien of a first
mortgage on the Eldridge, Property and any judgment awarded in said
action as security for such repayment. The first lien shall be over
and above any claims to the award by Seller or third parties and shall
take priority over attorney fees and any other expenses of the litigation.
It is understood that this provision does not become operative unless
the court in said action determines that title to the Eldridge Property
a , has been or should be vested in the City of Palo Alto or makes a
determination that effects a reversion of title to Seller hereunder.
If there is a reconveyance or reversion of title to Seller,
and the Court in said action makes a final determination that title to
the Eldridge Property is not in the City of Palo Alto or to be conveyed
to it by Seller, then Seller thereupon shall sell, assign, transfer
and convey title to the Eldridge Property to the District for cash
in an amount equal to any repayment, including interest, previously
f
made by Seller to District pursuant to this Paragraph 5, plus interest
at the rate of 6% per annum from the date of such repayment to -the
date of such sale, assignment, transfer or conveyance of title and
otherwise on the terms set forth herein.
This Paragraph 5 shall have no further force or effect if
the action is not brought to trial within five years as set forth in
Section C.C.P. 583 from the date of the close of escrow.
Seller agrees that the District will not be made a party by
Seller in said action with the City of Palo Alto on the grounds that
the District has inversely condemned the property, or as a defendant
in any other action for that reason.
-3-
6. District acknowledges that its officers, agents and attorneys
have read transcripts of and are familiar with the testimony of Seller,
by deposition under oath and on direct and cross-examination, given in
the matter of Alyce Lee Burns v. D. F. Eldridge et al. , Santa Clara
County Superior Court, No. P-31202. Except as so testified to by
Seller, Seller represents and warrants that Seller has not entered
LL into any oral or written lease or rental agreements on all or any
" portion of the property or given permission or consent to anyone_ to
occupy the property, and Seller agrees to hold the District harmless
from and reimburse the District for' any and all liability, losses and
expenses occasioned by reason of any lease or rental agreement on said
property entered into by Seller.
x 7. After, execution of this Agreement Seller, on request of
the District, shall deliver to the District- or into an escrow opened
for the purpose of acquiring the 610.52 acres a release of his Lis,
Pendens filed in Action No. P26800. The said release of Lis Pendens
is only to be effective and recorded by the District upon the vesting
of title to the 610.52 acres in the District.
8. After notice of thirty days to the District by Seller of
his acquisition of title to any portion of the property as 'a result
w
of Action No. P26800, an escrow shall be opened with Valley Title
Company at its San Jose office, or such other title company as may
.: be agreeable to the parties All costs: of escrow shall be paid bar -
the District, and other items of expense shall be prorated as of closing
of escrow. Escrow shall close within ninety days after Seller notifies
District of his acquisition of title.
9. It is understood that this. Agreement is subject to the
District obtaining satisfactory title and title insurance on the entire
610. 52 acres. It is also understood that the persons on the property
shall be removed from the property as a result of the pending unlawful
detainer action brought by Alyce L. Burns before the close of escrow;
provided, however, such removal shall not be the duty or obligation of
Seller and Seller shall not be required to bear any costs and expenses
-4-
in connection therewith. In the event the conditions of this paragraph
9 are not met to the full satisfaction of the District within 90 days
from opening of escrow, pursuant to paragraph S this Agreement shall
be of no further force or effect.
10. It is understood that this agreement shall have no further
force or effect if not performed by the parties within ten years - from
` the date of execution:
This Agreement is binding on the heirs, successors and assigns
of the Seller.
IN WITNESS WHEREOF, Seller and District have executed this
Agreement this day of 1977.
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
By
D. F. ELDRIDG
1
F
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• �-r 'r I
VALLEY T1TL }; CUlvtPANN
�i 300 South First Strast-San Jose, 292.7150 � 0531 crown.Ulvd.. suite *e-2fnti•5541
3550 Stavens Cra-c Bled.-243-4269 San Jose. 25120
P.O.PoxW156-San Joss,95757 PRELfl+t!NARY pEpQOr _616 rtMOnsSIM41— Peto Alto,326-7Zj2
2354 Alum Rock Avenue-San Joss 251-8500 _805 Castro Strut - l.tt. View. W-4427
1741 Sarato<;a Av enus-San Joa,252-2375 -
- 1670 Hillsd_-le Avenua-Syn Jose,267.0520 No. _247 So. Mblhctd- Ave.-Sunnyvase. 245-02:0
• Appticat�on
_ 445 Blossom Hill Road-225 4224 16 8 6 3 4-A BP — 1Os S S3rato9a•Sunnyvati Itd.• 253-7EZO
P.O.Box 23255-San Jose,95154 P.U.Box 720- Cupertino,95014
—1930So. BMI:C m Ave.-.Campbell, 371-7E91
In r-e—,, & to the obovo rofcrrr -mod app:kcic-n for a pokey of titto insumnco, VALLEY TITLE_ C0MPANY
hereby Mports that it is p"-p-crud to i :s, or cause to ho i--stsr+d, as of th9 date hereof, a California
Land Till a Association Stanctarcl CoveruSa form Poky of Tij!a Insurance describing the land and the
estate or irltore:;t ther-cin hvrcinaf-ter set -forth, insuring against loss whkn ricy be sustained byrcasor,
Of any c�_-fact, lion or ercurrtftrance not sfcown or refsrred to as can E.tcepiion below or not excluded
from covaroge pursuant to the printed Schodvk-s, Conditions and Stipu'ations of said policy form.
This report (and cny supplrtr.>nts or emandmants thereto) is 451-3arul solely for fizc purpose of facil-
itating the issuance of a policy of title imur�a and " liabil:ty is assurrrad harciry. H it isdisired
that liability ba essumad prior to the is;uarno of a poky of titLa insUrenc9, a i:a;ldor or Com-
mi;ment should ba requested.
DsYra-3 as of t larch 1 f9 77 at 7:30 A_ML
VALLEY TITLE COMPANY
i
ME PRESIDENT
The estate or interest in theo land hereinarrter dascrib9d or mfcxrcd to tomcod by this �ort is: A faa
Tltla to said estate ar intorost of the data hereof is vested in:
ALYCE LEE B1J1U,S, a married woman, by Trustee's Deed recorded
June 14 , 1976 in Book C080 of Official Records , at page 5985
as to Parcels 1, 2 and 3 and D.F. ELDRIDGE, as to Parcel 4 .
At the data hereof exceptions to covora" in addition to tha printed exceptions and oxclusians
contained in said policy form would be as follo.vs:
(Continued on next page)
Exhibit "A" to Agreement to Purchase (F3urns) Real Property
Vrc 216 CP/mIF'
' I
i
._.: 168634-A
. Page_ 2
1. Taxes for the fiscal year '1977--1978 a Lien, but not yet due
or payable.
' 2. Taxes for the fiscal year 1976--li77. Receipt. No. 351-6--8. Code
�. 06-03-1. First Installment amounting to Sl*020. 88 , has been paid.
Second Installment amounting to $13,020. 88 , due and payable. (Affects
Southerly portion of Parcel Four)
Receipt No. 351-6-8-1. Code 06-031. , First Installment $1,981. 73 ,
,.. has been paid. Second Installment $1,981.73, due and payable. (Affects
portion of Parcels One , Two and all of Three)
Receipt Na. 351-6--18. Code 06-0`31r First Install.rnent $665..34 ,
has been paid. Second Installment $665.34 , due and payable. (Affects
Northerly portion of Parcel Four
Receipt No. 351--6-18-1. Code 06-031. First Installment $3 ,648. 92
has been paid. Second Installment $31,648. 92 , due and payable. (Affects
Easterly portion of Parcels One and Two)
Receipt No. 351-12-9. Code 06-036. First Installment $95. 57 ,
has been paid. Second Installment $95. 57, due and payable. (Affects
Southerly portion of Parcel Two)
3. Sale to the State of California on June 30, 1971 for non-payment
of both installments_ of County Taxes for the fiscal years 1970-1971;
1971-1972 ; 1972-1973 ; 1973-1974 and 1974-1975. See Receipt No. 351
6--8 in the 1970 delinquent rolls. The amount to redeemon or before
March 31, 1977 is $44 ,203..38. (Installment Payments) (Affects Southerly
portion of Parcel Four)
4. Sale to the State of California on June 30, 1971 for non-payment
Of both installments of County Taxes for the fiscal years 1970-1971 ;
1971-1972 ; 1972-1973 ; 1973--1974 and 1974-1975. See Receipt No. 351--6-8-1
in the 1970 delinquent rolls. The amount to redeem on ar before Marc?-
31, 1977 is $72 ,253.68. (Installment Payments) (Affects portion of
Parcels One , Two and all of Three)
5. Sale to the State of California on June 30 , 1971 for non--payment
of both installments of County Taxes for the fiscal years 1970-1971 ;
1971-19?2 ; 1972--1973 ; 1973--1974 and 1974-1975. See Receipt No. 351-6--18
in the 1970 delinquent rolls. The amount to redeem on or before March
31, 1977 is $4 ,375.45. (Installment Payments) (Affects northerly portion:
of Parcel Four)
6. Sale to the State of California on June 30 , 1971 for non-payment
Of both installments of County Taxes for the fiscal years 1970-1971 ;
1971--1972 ; 1972-1973 ; 1973--1974 and 1974--1975. See Receipt No. 351-6-j8--1
in the 1970 delinquent rolls. The amount to redeem on or before March
31
,
1977
7
is $111 934 84 (I
nstallment nstallrrent Payments) (Affects Easterly
Portion of Parcels One and Two)
(Cont•d on next page)
_.. _..,._ _---- __..
168634-A
Page 4
. 15. An .easement for the installation and maintenaftce of an underground
m drain lane, in , under, over and across a strip of land 10 feet in.
width , lying equally on each side of a line which begins at a point
Y on the Southwesterly line of the herein described 1.388 acre parcel
of land, distant thereon South 270 06 ' 24" East 205. 00 feet from
_._
the most Westerly corner of said parcel; thence South 420 52 t 36n
gym. West 55. 00 feet, s
as granted to the City of Palo Alto in the Final Judgment of
Condemnation recorded November.:13 , 1964 in Boot. 6740 of Official
Records , page 2873, Santa Clara County Records. (Affects Parcel Three)
16. A Notice of Pendency of Action entitled., "Donald F. Eldridge ;
also known as D. F. Eldridge and Marian T. Eldridge , his wife, vs.
Alyce Lee Burns , a married woman, Emmett Burns, her husband, Transamerica
Title Insurance Company, a corporation , and Bank of America National
Trust 8 Savings Association, a national banking corporation" , the
purpose of the Action being to enjoin defendants' wrongful extrajudicial
foreclosure of a Deed of Trust, to quiet plaintiffs' title to said
F real property, for declaratory relief, for specific performance o=
an unconditional right to a release of said property from the liens
of said Deed of Trust , for the statutory penalty for violation -of
.._ Civil Code 2941 and consequential damages, and for attorney fees ,
recorded August 8 , 1974 in Book B033 of Official Records, page 161,
Santa Clara County Superior Court; Case No. P26800. (Affects a portion
of said land)
A pendency out of the above Action No. P26800 was recorded December-
1, 1974 in Book B209 of Official Records, page 218 , the purpose being
to foreclose that Deed of Trust made on March 1S , 1968 , in which:
D.F. Eldridge and Marian T. Eldridge , his wife , were trustors ,Transamerica
Title Insurance Company, a California corporation ,' was trustee , and
Alyce Lee Burns , a married woman, was beneficiary and recorded in
the office of the County Recorder of Santa Clara County, State of
California, in Book 8057 , at page 694 , Series No. 3384186 of the
Official Records of the Recorder; and for such other relief as is
proper and for costs of suit. (Affects all of said. land )
17. An Action entitled Donald F. Eldridge , also known as D.F. Eldridge,
VS* City of Palo Alto, a .municipal corporation , recorded March 9 ,
1976 in Book B907 of Official Records , page 680, Superior Court,
Santa Clara County; Case No. 282965.
The ob•ect of the action is to recover just compensation in
the S n alit of 4 mi
llion Ilion a provided b s r y the federal and California Constztut:.�
for the taking of said property for public open space use as stated
in the complaint for inverse condemnation on file ; for plaintiff' s
costs , disbursements and expenses , including, reasonable attorney,
appraisal , and engineering fees; interest from the date of taking
and' for such further relief as the court deems proper.
(Cont'd on next page)
z
• 168634-A
V ry Page 3
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7. Sale to the State �of' California' on June 30, 1971 for non-payment
of both installments of County Taxes for the fiscal years 1970-1971
1971-1972 ; 1972-1973 ; 1973-1974 and 1974-1975. See Receipt No. 351-12-9
I the 1970 delinquent rolls. The amount to redeem on or before March
31, 1977 is $3 ,811.24 . (Installment Payments) (Affects Southerly
portion of Parcel. Two)
S. The right of the- public to use as a roadway so much of the herein
described premises lying, within the bounds of Page bill Road, Monte Bello
Road and any and all existing roadways.
3. Right of way granted by Louis Oneal , Inc. , a corporation, to Pacific
Gas and Electric Company, a corporation , by Deed dated May 1, 1929 aid
recorded August 15 , 1932 in Book 619 of Official Records , page 406 , and
-
reference is hereby made to the record thereof for further particulars.
(Affects Parcel Four)
10. Easement and right of way ,
g y granted by Hugh L. Ross , also knocm as
Hugh Lambert Ross , et ux, to Pacific Gas and Electric Company, a corporatz
by Deed dated January 30 , 1933 and recorded February 11, '!933 in Book 644
Of Official Records , page 158, and reference is hereby made to the record
thereof for further particulars. (Affects Parcel Two and Four)
11. Easement and right of way granted by Bertha A. Hayes to Pacific Gas
and Electric Company, a corporation, by Deed dated August 14 , 1941, and
recorded September 15 , 1941 in Book 1048 of Official Records, page. 67 ,
and reference is hereby made .to the record thereof for further particulars
(Affects Parcel Two)
12. Right of way' g granted by Louis Oneal, Inc. , a corporation, to Pacific
Gas and Electric Company, a corporation , by Deed dated August 14, 1941 and
recorded September 25 , 1941 in Book 1053 of Official Records , page 538 ,
reference is hereby made to the record thereof for further particulars.
(Affects Parcel One and Parc91 Three )
13. The right granted by Anna Oneal and Bertha A. Hayes to George F.
Morell, by Deed dated January 14 , 1946 , recorded January 17 , 194B in
Book 1302 of Official Records , page 367 , to use and travel over the old
wood road running from Monte Bello Road to the Northerly portion of the
East 1/2 of the Northeast 1/4 of Section 14 , T. 7 S. , R. 3 W. , M.D.B. 6M.
(Affects Parcel One)
14. Right of way 10 feet in width, over said land, granted by Alyce Lee
Burns to The Pacific Telephone and Telegraph Company, a corporation, to
construct , etc. , underground wires , cables and other electrical conductors
with associated conduits , marker poles and incidental purposes, by
instrument recorded April. 4 , 1958 in Book 4045 of Official Records ,
page 573 , and reference is hereby made to the record thereof for further
particulars. (Affects Parcels One and Two)
(CoAt'd on next page)
e r
168634-A '
. Page 6
m
PARCEL ONE:
The Northwest 1/4 of Section. 14 the North 1/2 of the Southeast- 1/4 of
Section 15 ; all that portion of the Fractional Northwest 1/4 of Section 15,
lying Easterly and Southerly of the center line of the Page Mill Road , and a '
that portion of the South 1/2 of the ITortheast 1/4 of Section 15 , lying
Easterly and Southerly of the center line of Page Mill Road; all in Township
7, South Range 3 West, Mount Diablo Base and Meridian.
g. EXCEPTING THEREFROM all that portion thereof included within the hounds
of the County- of San Mateo, State--of California.
ALSO EXCEPTING THEREFRON all that portion of the South 1/2 of the
Northeast .1/4 of Section 15 lying Easterly and Southerly of the centerline
" of Page Mill Road and lying East of a line drawn due South from the intersect,.:.
'• of the centerline of Page Mill Road with the division line between the County
of Santa Clara and the County of San Mateo; said division line being
designated as "South 810- 15 ' East" between "Station 64 and Station 6511, all
being shown on that certain Record of Survey recorded July 18 , 1951, in Boo'
32 of Maps , page 3.3 .
- - PARCEL TWO;
Beginning at the Quarter Section corner on the center of Section 15
Township 7 South , Range 3 West , M.D.M. , and running thence along the Quarter
_.-Section line running East and West throught the center of said Section 1S2
North 89' 30 ' West 23.58 chains to a stake marked D.M. 13 standing at the:
_...
intersection of said Quarter Section line with--a picket fence from which-
'---,, Stake stake the Quarter- Section corner between- Sections 15 and 16 , bears Nort:;
--89 1/20 West 17.27 chains said stake D.M. 13 being the Uorthwesterly corner
LL'of that 79 acre tract, more or less deeded to Lambert Dornberger by Deed.
dated September 7, 1886 and recorded in Book 88 of Deeds , page 67 in the
office of the County Recorder of Santa Clara County, California running
thence along the said picket fence, and the Westerly line of said 79 acre tra-
South 42 1/40 East 9. 67 chains to a 6" x 6" fence post marked D-M 12 , and
_.South 17 1/20 East 4.80 chains to an elderberry tree ;narked D-M 11 standing
at the end of said picket fence; thence running along the East side of a
ravine South 22 3/40 East 2. 43 chains, South 14 3/41 West 1. 65 chains to a
leaning laurel 30 inches in diameter marked D-M 9 , South 6 1/20 East 1. 22
chains , South 44 3/4* East 2. 85 chains to Station D.M. 7 , South 71 3/40 East
1.15 chains to a live oak tree marked D--M 6 , South 18 1/4° East 1.27 chains
to a white oak marked D-M 5, South 16° East 2. 80 chains , South 18 1/40 East
4. 30 chains, South 30 1/40 East 3. 80 chains , South 391 East 1. 20 chains ,,
South 11 1/21 East 1.29 chains to the center of Stevens Creek; thence upon
the center of said Creek, South 12° West 2. 31 chains South S 1/40 West
1.20 chains to Station; South 17 1/41 West at 0.70 chains to a point from
Which the Quarter Section corner between Section 15 and 22 , Township 7 Sout`. ,
Range 3 West , bears North 83 3/40 East 5. 80 chains at 1. 72 chains to Statior .
South 100 East 2. 00 chains South 36 3/40 West 1. 95 chains to station near
the confluence of two ravines forming Stevens Creek; thence up the center
(Cont'd on next page)
168634-.A
Page S
18. Deed of Trust dated June 11, 1976 and recorded June 14, 1376
in Book C080 of Official Records, Pave 604 , executed by Alyce Lee
Burns, a married woman , as Trustor, to Continental Auxiliary Company ,
.- a California corporation, as Trustee and Bank of America National
Trust and Savings Association, a national banking association, as
r Beneficiary to secure payment of $516 ,061. 49 and other suns as therein
}: provided. (Affects Parcels One, Two and Three )
19. Any community interest of the spouses of the vestees herein. _
NOTE: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY:
The only conveyances affecting said land recorded within six
months prior to the date of this report are as follows: NONE
:.. DESCRIPTION
All that certain parcel of land situate in the City of Palo Alto,
County of Santa Clara, State of California, described,- as .follows:
(Conttd on next page)
I
i
i
t
168634-A
Page 8
' West 40. 80 chains to the Northwest corner of the South one-half of the.
t Southeast Quarter of said Section IS; thence along the Quarter Section line
running North and South through the center of said Section 15 , north 20
f East 18. 15 chains to the place of beginning,__being parts . of Sections 14 , 15 .
22 and 23 , T. 7S. , R. 3W. , M.D.M.
EXCEPTING. THEREF'ROi( that portion thereof' conveyed by Sada Coe Robinson
u to John H. Richey by Deed dated March` 1:3 , 1:950 and recorded April 26
1950 in Book 1967 of Official Records , page_ 4.06 :-and more particularly
described as follows .-
Beginning at the point of intersection of the Southerly line of the
Skyline Boulevard, as the same existed in January 1950 ,_ with the Westerly
- line of the 454. 89 acre .parcel of land' conveyed by Bertha A. Hayes to Sada
Coe Robinson by ,Dee6d` dated January 14 , 1S46 , and recorded January 17 , 1946,
in Book 1266 of Official Records, page 531, Santa Clara County Records ,
thence from said point of beginning Southerly along said Westerly line of
the 454. 89 acre parcel above referred' to, to the most Southerly corner
thereof at a pine tree 6 feet in diameter marked D.M. 3 , thence Northeasterl
yM
along the Southerly line of the said 454 . 89 acre parcel to the intersection
thereof with the said Southerly line of the Skyline Boulevard; thence
Westerly along said line to the point of beginning, being a portion of the
r North 1/2 of Section 22 , Township 7 South, Range 3 West, M.D.B. BM.
ALSO the right of way frorrL the lands and premises above described to the
County Road , reserved in the Deed from Lambert Dornberger to Frances Mayer,
x dated June 25 , 11875 and recorded July 29, 187S in Book 36 of Deeds , pa�;,e
-- 506 , Santa Clara County Records,
ALSO the right to take, appropriate anduse the water of a certain spri
situated on the Northwest Quarter of Section 22 , Township 7 , South, Range
3 West M.D.M_. , and Northerly from the above mentioned Madrone Tree marked
D.M. 2 , said spring being the same heretofore usedby Lambert Dornberger;
also the right to lay down, keep and maintain suitable and proper pipes to
conduct said water and to make, erect'r keep and maintain there at all
necessary and suitable improvement for collecting , storing and using said
hater and also the right of way for egress and ingress to and from said sprinj,
a over, upon and across the land of Frances Mayer. Also the right of way over
the travelled road leading from the Page Mill Road to the premises of Lambert
Dornberger; all as reserved in the deed from Lambert Dornberger to Frances
Mayer, dated September 7, 1886 and recorded December 18 , 1886 in Book 87 of
Deeds, page 2021 Santa •Clara County Records.
PARCEL THREE:
All that portion of the South 1/2 of the Northeast 1/4 of Section 151,
Township 7 South , Range 3 ;lest, lying Easterly and Southerly of the centerjz:1
of Page Mill Road and lying East of a line drawn due South from the i:ntersec': 1'
of the center line of Page Mill Road with the division line between the Count'
(Cont'd on next page)
i
168634 -A
Page 7
of the Southerly ravine, South 12 3/4° East 1. 40 chains, South 2S 1/4
2.30 chains, South 28 1/40 East 1.15 chains, South 22 3/40 East 1.20 chains ,
South_ 9 1/40 East 1. 80 chains , South 34 1/4 East 1. 90 chains , South 20 1/4°
East -1. 80 chains , South 14 3/40 West 1. 73 chains South 63 3/40 West 2.40
chains, South 50 3/40 West 2. 87 chains , South 41 3/40 West 1. 23 chains to the
= confluence of two ravines South 46 3/40 East 0. '+ 90 chains to station in road
to Dornberger from which Station a pine oak tree 5" in diameter bears North
82 1/20 East 0. 50 chains, thence continuing alone the Westerly lane of the
aforementioned 79 acre tract South 20 East 4. 96 chains, South 80 East 2. 53
chains to a tan oak 8" . in diameter marked D.M.
` marked "D� 4 . South 220 j�lest 4 .00 chains
to a pine tree 6 feet in diameter m a M. 3; , thence leaving the Westerly
line of the aforementioned 79 acre tract and running North 780 17 ' East
11. 72 chains to a stake marked D. 3 standing at the most Southerly corner of
the fence around an old orchard; thence along the fence on the Southerly side
Of said orchard and the prolongation of said fence, North 64° 55'
chains to a stake Marked D.4 s East 7. 82
tanding in a .fence running Northwest and
Southeast ; thence North 540 05 ' East 11. 88 3/4 chains to a fence post Marked
D. 5 standing at the corner of two fences; thence Korth 301 11' East 9. 20
chains, cross ravine at 10. 47 chains , a leaning madrone loll in diameter at
12. 57 chains a redwood tree 8 feet in diameter at 15.
42 4 feet in diameter at 18. 38 chains a tan oak tree 4 feet Cin� r.dia .e-tens a drraand tree
23. 24 chains to station in the center of the Stevens Creek fro:,, which Station
a 2" x 3" stake marked W. P. bears South 30° 11' West 20 links and fro,,, which
stake a tan oak 12" in diameter bears South 18 1/20 West O. 15 chains and a
leaning tan oak 9" in diameter bears South 83 1/4° West 0. 28 chains, runni:,4
thence along the center of the Stevens Creek, Southeasterly the following
courses and distances: South 550 30 ' East 1. 75 chains North 600 56 , East
_ 1. 95 chains , South 300 56 ' East 2. 00 chains, South 480 36 ' East 1. 39 chains
North 840 09= East 1. 81 chains , South 90 38' Ea
st_ 1. 07 chains , South E80 04 +
= East 1.49 chains, South 660 45 ' East 1. 23 chains South 210 54 ' East 2. 73
chains , South 580 24 ' East 2.23 chains` South 590 40 ' East 3. 07 chains , South
;.. 500
59' East 1. 31 chains , South 41 49 East 3. 35 chains, South 830 19+
East 2. 85 chains , South 410 40' East 1. 87 chains , South 580 24' East 1. 70
chains , South 420 43' East 1. 25 chains, South 741 15' East 2. 41 chains. to the
East line of the West one-half of the Northwest
Quarter T. F .
3W. , M.D.M. thence along said East line North 0° 351 West 14 .56 chains t��t�.e
'; Northeast corner of the West one--half of the Northwest
Q
[14T• 7S,. R. 3W. , M.D.M. ; thence along the section line runningebetweencSections
and 23, T. 7S. 2 R. 3W. , M.D.M. East 39.65 chains to the Southwest earner
f t ohat 80 acre tract deeded to Arthur J. Bond by Deed dated April 41, 1895 and
recorded in Book 177 of Deeds , page 390 in the office of the County Recorder
Of Santa Clara County, California; thence along the Westerly line of said
80 acre tract , North 30 35 ' East 40.
said 80 acre tract in the Quarter Section
chains to the Northwes a--A,'-id
corner of
line running East .'�d Hest through
the%center of Section 14. T. 7S. 1, R. 3W. , M.D.M. , thence along the Quarter
Section line running East and West through the center of said Section 14 ,
West to the Quarter Section corner on the West line of said Section 14 , then-^e
along the West line of said Section 14 , Southerly 20.15 chains to a Ott X 41:
stake standing at the Northeast corner of the South one-half of the Southeasa
Quarter of Section 1S T. 7S. , R. 3W. , M.D.M. , thence along the North line
Of the South one--half of the Southeast quarter of Section 15 , North 88° 301
(Cont'd on next page)
r
8 6 3 4--A
Page 10
Beginning at an iron pipe in the center line of Page Mill Road marking;
the .most Westerly corner of that certain 2.2. 270 acre tract of land conveyed
by Alice Lee Burns to Harry J. Beyer,Jr. , et al , dated March 181, 1963 and
recorded June 20, 1963 in Book .6071 of Official Records , page 412 , Records
of Santa Clara County, California; thence North 88° 50' 27" East along the
Southerly line of said -Tract of land 1327. 57 feet to the true point of
beginning; thence from said true point of beginning North 88° 50 ' 27" East
4 361.43 feet; thence South 121 36 ' 47" East 87.7G feet ; thence South 470
53' 36" West 171.00 feet; thence South 720 53' 36"- West 140. 00 feet ; thence
North 270 06 ' 24" West 263. 00 feet to the true point of beginning, and being
a portion of Section 15, Township 7 South, Range 3 West , M.D.B.&M.
ALSO EXCEPTING FROM all the lands hereinabove described so ranch
thereof as lies within the following. described parcel of land :
Beginning at the center of Section 15 , Township 7 South , Range 3
- West, M.D.B. 6M. , thence Westerly along the Quarter Section line through
the center of said Section 15, North 89° . 30' West 1556 .28 feet more or less
to a stake Marked "D.M.13" , standing at the intersection of said Quarter
Section line with a packet fence from which stake the Quarter Section
corner between Sections 15 and 16, bears North 891 301 West 1556. 28 feet
more or less , said stake "D.M.13" being the Northwesterly corner of that
tract of land deeded to Lambert Dornberger by Deed dated September 7 ,, 1886
and re;orded in Book_ 88 of Deeds, page. 6,7 in- the office of the County Recorde
: of Santa Clara County, California, said point being the TRUE POINT OF
BEGINNING, thence from: said TRUE POI1iT Oi BEGI2ltiI;:G Westerly along said
Quarter Section- line running: through the center of said Section 15 North
890 30' West to the division line between San Mateo County and Santa Clara
County; thence :76rtherly and Easterly along said county division line ,
1636 feet more or less, to the center line of Pager Mill Road ; thence
_ Easterly along the centerline of Page Mill Road, 1230 feet more- or less ,
to said County division line; thence Easterly along said County Division
dine to a point lying 350 feet East of a line running North and South
through the center of said Section 1.5 ; thence Southerly along a line , paralle
with a North and South section line through the center of Section 15 , said
line being 350 feet East of the center of Section 15 , to the Northerly
Right of Way line of Skyline Boulevard; -thence along the Northerly Right of
Way line of Skyline Boulevard Westerly to the Westerly line of the 454 . 89
acre parcel of land conveyed by Bertha A. Hayes to Sada Coe. Robinson by
Deed dated January 14 , 1946 , and recorded January 17 , 1946 in Book 1266
of Official Records , page 531 , Santa Clara County Records ; thence Northerly
along said Westerly line of the 454. 89 acre parcel of land to the TRUE Poll.."
OF BEGINNING,
i
i
(Cont'd on next page)
.c
168634 --A
Page 9
k,
of Santa Clara and the County of San Mateo, said division line being
designated as "'South 81° 15 ' Ea3t" between "Station 64 and Station 65" all
being shown on that certain Record of Survey recorded July 18 , 1951
in Book 32 of Maps , page 33.
EXCEPTING THEREFROM the followingdescribed
parcel of land:
A portion of the Northwest 1/2 of the Southeast 1/4 of the Northeast
1/4 of Section 15 , Township 7 South , Range 3 West, M.D.B. 6M. 3, and being
more particularly described as follows :
Beginning at an iron pipe in- the center line of Page bill Road, (40. 00
" feet wide) on the North line of the South 1/2 of the Northeast 1/4 of said
h
Section IS: thence along said North line , South 890 10 ' 07" East 1041. 62
feet to an iron pipe on the Easterlyline of
a private road (20. 00 feet
in width) kno;m as Montebello Road; thence along- said Easterly line with
the following courses and distances: Southerly along the arc of a curve to
the right the tangent of .which bears South 24 32 ' 08" East having a
radius of 170 feet , through a central angle of 24° 57 ' 27" an arc distance of 74. 0S feet to an iron pipe; thence South 0° 25' 19" West 193. 74 feet
to an iron pipe at the beginning of a curve; thence along the arc of a curve
to the left , having a radius of 440 feet; through a central angle of 110
492 15" an arc distance of 90. 78 feet to an iron at a
pipe point of compound
curvature ; thence along the arc of a compound curve to the left, having a
radius of 50 feet , through a central angle of 97° 34 ' 30" an arc distance
Of 85.1S feet to an iron pipe; thence North 711 01' 34" East SO. 28 feet to
an iron pipe at the beginning of a curve, thence along the arc of a curve
to the right, having a radius of 80.00 feet , through a central angle of
88° 36 ' 55" an arc distance of 123. 73 feet to an iron pipe; thence South 200
21' 34" East 41. 7S feet to an iron pipe at the beginning of a curve; thence
: _along the arc of a curve to the left having a radius of 205 .00 feet; through
- a central angle of 25° 37' 10" an arc distance of 91.66 feet to an iron pine;
thence South 450 58 ' 41" East 45. 38 feet to an iron pipe at the beginning
of a curve; thence along the arc of a curve to the right , having a radius of
18S. 00 feet , through a central angle of 220 49' 15" an are distance of
73. 69 feet to an iron pipe; thence South 230 09' 26" East 141. 68 feet to an
iron pipe; thence leaving said Easterly line of Montebello Road North 890
10' 07" West 1698. 75 feet to an iron pipe in the center line of said Page Mill
Road; thence along said centerline with the following courses and distances:
North 400 21' 34" East 116. 35 feet to a 3/4 inch iron pipe; forth 200 54 ' 34"
East 179. 86 feet to a 3/4 inch iron pipe; North 13° 34 ' 04" East 230. 02
feet to a 3/4 inch iron pipe and North 60 54 ' 43" East 273. 98 feet to the
Point of beginning.
ALSO EXCEPTDiG FROM above mentioned Parcels No. 1 and No. 3 the
following described property as conveyed in the Final Judgment of Condemnation
recorded November 13 , 1964 , in Book 6740 of Official Records, page 287 ,
described as follows :
(Cont'd on next page)
i
�i
I
I
1
• • Page 13.
x
PARCEL FOUR; _
Beginning at the center of Section 15 , Township 7 - South, Range 3 West
M.D. B.EM. , thence Westerly along the Quarter Section line through the cent
of said Section 15 , ?forth 890 301 West 1556. 28 feet more or less to -a stak45
marked "D.M.1311 , standing at the intersection of said Quarter Section
line with a picket fence from which stake the Quarter Section- corner
w between Sections 15 and 16 , bears North 890 301 West j``��►►
eet more
or less, said stake "D.M.13" being the Northwesterly corner of that
tract of land deeded to Lambert Dornberger by Deed dated September
71 1886 and recorded in Book 88 of Deeds, page 67 in the office of
the County Recorder of Santa Clara County, California, said point being
the TRUE POINT OF BEGINNING, thence from said TRUE POINT OF BEGINNII-;G
Westerly along said Quarter Section line running through the center
_ of said Section 15 North 890 30' West to the division line between
San Mateo County and Santa Clara County; thence Northerly and Easterly
along said county division line, 1636 feet more or less , to the center
line of Page Mill Road; thence Easterly along the centerline of Page
Mill Road, 1230 feet more or less, to said County division line; thence
Easterly along said County Division line .to a point lying 350 feet
East of a line running North and South through the center of said Section
- 15; thence Southerly along a line , parallel with a North and South
section line through the center of Section 15 , said line h--ing 350
feet East of the center of Section 15 , to the Northerly Right of Way
line of Skyline Boulevard; thence along the Northerly Right of Way line •
of Skyline Boulevard Westerly to the Westerly line of the 454. 89 acre
parcel of land conveyed by Bertha A. Hayes to Sada Coe Robinson by
- - Deed dated January 14 , 1946 , and recorded January 17 , 1946 in Book
1266 of Official Records , page 531, Santa Clara County Records ; thence
Northerly along said Westerly line of the 454. 89 acre parcel of land
to the TRUE POINT OF BEGINNING.
D 5
11. lb
14
ell
• (lE;,00 Ac.} (120.00 Ac) �I (4400 K)
25 00
SAN MATEO COUNTY
ASSESSED
Go; PG a'S - 1
ROS. 129134 1
V •• s. PARCE
t r]
RD �\ a CtTr p r►t'v-t i 'E,�f'J AC. TOTAL 1`
t� (3102 A0
// 593 AC, F �r.ONTEB�
PAR[lt j
( f 00 Ac
Ij (F 00 AC� 1
(240•00 Ac�
• 79 ct AC.
411 >S AC TOTAL
tSA 113 CEO J,C 'A
) � r ` ••
• O � PANEL .� B . . :2
273 S AC TOTAL
is L
• ss
t
r�. � Y . •r �S t4 ���` 1
•: (6 AC)
-- - - �' 7'221k Z-014175 1 _.
idd47S 23
14
17ntic
�r� c
t,..• � �� i!B.C. � �j�� f
. '`�': i � �•�' .a BSc 1Y
2073 Ac. /6
• �� =��+ ` - �_~ - fJ s\`+ in.a r p t`.r two-
i9-27 K'. p _E. _ Cw••a C;ara Ct..n•r >`v.,cr••
cd 1971 ...
!• S+t ;+ L sL �� ft .r.�+ }.c t.on 477 01 ..,......n:
d -- - -
.m,d !or b•+C
tC of ri ata•.a d+k
'71
11-77--186
ldm-- (Meeting 77-24 ,
Agenda item No. 2)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 7 , 1977
TO: Board of Directors
FROM: A. Crosley, District Clerk
SUBJECT: Appointment of Fremont Older Ranchhouse Committee
Materials relating to this agenda item were not available for
mailing with the Board packet, and will be transmitted
separately.
M-77-188
A
(Meeting 77-24,
Agenda item No. 2)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 12, 1977
TO: Board of Directors
FROM: K. Duffy and D. Wendin
SUBJECT: Appointment of Fremont Older Ranchhouse Committee
The lease agreement for the Fremont older house calls for
a "mutually agreed upon committee to review, advise and
approve all plans for renovation" .
The following committee members are being submitted for
Board approval. A meeting of the committee will be set
up as soon as possible to outline the sequence of events.
PROPOSED FREMONT OLDER RANCHHOUSE COMMITTEE
Victor Thompson, Professor Emeritus
Architechtural History
Stanford University
207 Westridge Drive (home address)
Portola Valley, CA 94025
Phone: (415) 354-0468
Ms. Seonaid McArthur, Associate Director
California History Center
DeAnza College
Phone: 996-4712
Kay Duffy, Director
MROSD
20637 Leonard Road (home address)
Saratoga, CA 95070
Phone: (408) 867-0503
Jon Olson, Land Manager
MROSD
375 Distel Circle, Suite D-1
Los Altos, CA 94022
Phone: (415) 965-4717
M-77-189
(Meeting 77-24
Agenda item No. 3)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
OCTOBER 12, 1977
TO: Board of Directors
FROM: Legislative Committee
SUBJECT: Tax Relief Legislation
Dear Colleagues:
The committee met on September 21, 1977 with State Senator
Jerry Smith. The outcome of the meeting was for the com-
mittee to direct legal counsel to draft appropriate legis-
lation which would reduce the impact of revenue limitations
which might be considered fair by the legislature and at
the same time be acceptable to the other park and open space
districts which are governed under Public Resources Code Section
5500.
At the same time the General Manager was directed to con-
tact Senator Smith' s legal staff and the staffs of the
other three districts for whatever suggestions they might
make prior to our Board' s acting on the matter. After such
discussions, the General Manager had suggested that the
language could be modified to indicate that the acquisition
portion of the budget be exempt from limitations but that
the operation portion of the budget be held to the cost of
living or whatever index is used by the legislature for
limitation.
Recommendations:
1. The Board adopt tax relief concept as drafted by
the staff with minor modifications to indicate the division
between the acquisition and operation portions of the
budget.
2. A letter on the subject and proposed legislation
be sent by the President of the Board to East Bay, Monterey
Peninsula and Marin County Districts and to Senator Smith
and other legislators who represent the District.
NH:jg
MIDPENINSUL?A REGIONAL OPEN SPACE DISTRICT
Suggested Additions to Pending "Tax Reform" Legislation
Version #2
A district formed under the provisions of
Article 3, Chapter 3, Division 5 of the Public Resources
Code (Section 5500 et seq.) shall be exempt from the
limitation contained in Section in the ratio
its budgeted appropriation that year for the acquisition
of land bears to its income from ad valorem property taxes.
M-77-187
(Meeting 77-24
Agenda item No. 4)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 7 , 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Removal of Sheds on Fremont Older Open Space Preserve
Attached is a report (R-77-46) , dated October 7 , 1977 from
the Land Manager to me concerning the removal of sheds on
the Fremont Older Open Space Preserve.
It is recommended that the Board authorize the following:
(1) removal of the two apricot drying sheds at the
Fremont Older Open Space Preserve and the relocation
of one at Permanente Creek Park
(2) amendment of the Fremont Older Open Space Preserve
Use and Management plan to incorporate removal of
the pavement in the area of the sheds to allow
the area to return to a natural condition.
HG: jg
A R-77-46
(Meeting 77-24 ,
Agenda item No. 4)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
October 7 , 1977
TO: H. Grench, General Manager
FROM: J. Olson, Land Manager
SUBJECT: Removal of Sheds on Fremont Older Open Space
Preserve
Introduction: The adopted Use and Management Plan for the
Fremont Older Open Space Preserve was reviewed at the July
27 , 1977 meeting of the Board of Directors. The plan con-
tains the recommendation that the apricot shed area be tem-
porarily designated as a group camp area for the use of the
Cupertino Park and Recreation Department or be retained for
interpretational purposes. The Use and management Plan is
scheduled for an update in July of 1978 followed by a full
review in July of 1979.
For reasons discussed later in this report, staff is request-
ing authorization at this time to remove the two drying sheds.
Discussion: During the summer of 1976 the City of Cupertino
conducted infrequent group camping at the Preserve. However,
the old picnic grounds near the adobe was chosen as the site
rather than using the apricot shed area because of poor ac-
cess to that portion of the Preserve. These activities have
now been shifted to the Montebello Open Space Preserve, Picche-
tti Ranch Area.
Even with possible further expansion of the Preserve, the
limited interpretational value of the buildings would not
warrant retaining them.
The structures are not lockable, represent a liability, and
have shown to be an attractive nuisance.
An adjacent property owner has offered to remove one of the
structures from the site and take possession of it, and re-
move and re-erect the second structure at the Ranger Yard at
Permanente Creek for storage use. Staff estimates the value
of the structure to be removed and 'retained in private posse-
ssion to be approximately $1, 000. Since the cost of moving
R-77-46 Page two
and re-erecting the structure to be retained by the District
would be approximately the same. This portion of the project
would be achieved without incurring any out-of-pocket cost
to the District. Foundation and pad construction costs have
been allocated in the 1977-78 budget for improvements at the
Ranger Yard.
Staff recommends that the use and management plan be amended
at this time to incorporate the removal of pavement in the
apricot shed area subsequent to structure removal and that
the area be allowed to revert to a natural condition. Funds
for this project, estimated to cost under $500 would be allo-
cated under the 1978-79 budget.
Recommendation: It is recommended that the Board be asked to
authorize removal of the two apricot drying sheds at the Fre-
mont Older Open Space Preserve and relocate one at Permanente
Creek Park.
JO:p1
Revised
C-77-21
October 12, 1977
Meeting 77-24
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
# Amount Name Description
257 $ 489. 86 Pacific Telephone Co. Telephone Service
258 647. 33 Hubbard & Johnson Improvements & Field Supplies
259 55. 88 Eric Mart Field Supplies
260 156.00 Los Altos Garbage Garbage Service
261 12. 91 Alvord & Ferguson Ranger Uniforms
262 9. 71 Orchard Supply Hardware Field Supplies
263 52. 20 Palo Alto Times Legal Advertising
264 60. 00 Terminix of Northern California Inspection Fee-Picchetti
265 15. 00 Stanley R. Norton Telephone Exepnses
266 72. 46 Norney's of Mt. View Office Supplies
'267 44. 72 Garcia Butane Corporation Tank Rental-Permanente Creek '
268 8. 80 Lawrence Tire Service, Inc. District Vehicle Expense
269 49. 99 Palo Alto Printing Cards/Stamps-Address Change
270 138. 51 The Hub Schneiders, Inc. Ranger Uniforms
271 164. 86 Village Copy Corner Printing
272 7. 53 San Jose Art, Paint & Wallpaper Mapping Supplies
273 74. 20 Techni-Graphics, Inc. Printing-Business Cards
274 50.99 Four Point Rents Equipment Rental-Field
275 53. 60 P. G. & E. Utilities-Permanente Creek
& Picchetti
276 20.50 Valley Oak Bookstore Library
277 33. 33 Sanborn Security Systems Repair Filing Cabinet &
Install Lock
278 40.00 Courtesy Tow Service District Vehicle Expense
279 38. 23 Los Altos Stationers Office Supplies
280 13. 98 Uno Graphics Time Cards-Office Supplies
281 150. 00 Real Estate Research Council Annual Membership Dues
282 430. 80 International Business Machines Office Equipment Rental
283 30. 58 Foster Bros. Security Systems, Inc. Keys & Padlocks
R84 78. 40 Data Transportation Co. , Inc. Xerox Machine Moved
!85 62. 74 California Water Service Co. Utilities-Permanente Creek
# Amount Name Description
286 $ 44. 25 Your Exchange Secretary Answering Service-Office
287 54. 52 Herbert Grench NRPA Conference & Conservatill,��
Foundation Conference
288 78. 15 Pat Starrett Private Vehicle Expense
289 24.29 Diversified Transportation Parcel Delivery Service
290 45.05 Brad Clifford Private Vehicle Expense
251 4 ,000. 00 Kenneth & Helen Woelfel Relocation Assistance
292 53. 25 Carolyn Caddes Photographs
293 107.38 Petty Cash Field Supplies, Office
Supplies, Postage, Private
Vehicle, Meal Conferences,
District Vehicle, Library,
Maps & Membership