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Home My Public Portal About19800625 - Agendas Packet - Board of Directors (BOD) - 80-14 Meeting 80-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 Distel Circle, Suite D-1, Los Altos, CA 94022 (415) 965-4717 Regular Meeting Board of Directors A G E N D A June 25 , 1980 7 :30 P.M. (7 :30) ROLL CALL APPROVAL OF MINUTES - May 28 , 31 and June 3 , 11, 1980 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS NEW BUSINESS WITH ACTION REQUESTED (7 :45) 1. Proposed Addition to Fremont older Open Space Preserve (Garrod Property) - C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Neces- sary or Appropriate to Closing of the Trans- action (Fremont older Open Space Preserve - Garrod Property) (8 :15) 2. Proposed Addition to Monte Bello Open Space Preserve (Maridon Property) - C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Neces- sary or Appropriate to Closing of the Trans- action (Monte Bello Open Space Preserve Maridon Property) Meeting 80-14 Page Two (8 :25) 3. Proposed Addition to Manzanita Ridge Open Space Preserve (Mindling-Harrison Property) C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing officer to Execute Certificate of Acceptance of Grant to District, Authorizing officer to Execute Certificate of Acceptance of Gift Deed to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Manzanita Ridge Open Space Preserve - Mindling-Harrison Property) (8 :35) 4 . Proposed Land and Water Conservation Fund Application - H. Grench Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds - Monte Bello Open Space Preserve Addition Project (8 :40) 5. Renewal of Office Space Lease - H. Grench (8 :45) 6. Consolidation of District Election - H. Grench Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Consolidation (San Mateo County) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Consolidation (Santa Clara County) (8 :55) INFORMATIONAL REPORTS CLAIMS EXECUTIVE SESSION - Land Negotiations and Personnel Matters ADJOURNMENT ' C-80-11 - June 25, 1980 Meeting 80-14 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S r Amount Name . Descri tion ' 1125 $ 696. 33 Best Products Co., Inc. Photography &*Office Supplies 1126 7.43 Standard Brands Paint Co., Inc. Site Operation Maintenance = 1127 .64.32 B & H Equipment Co. E guipment Rental & Field Supplies 1128' 219.23 Ducar Office Furniture 1129 100.00 Valley Title Co. Preli.mmi nary P-eports 1130 95.00 First American Title Guaranty Co. preliminary Reports 1.131 550.00 Foss and Associates Professional Services --May .1132. 190.10 Xerox Corporation Maintenance Agreement 11133 4?.93 Pitney Bowes Postage Meter Rental 1134 434.60 . Dyna- Med Field Supplies 1135 2.50 Hi Lift Field Supplies 21.36 86.92 Techni-GYaphi cs, Inc. Printing. 1137 2,500.00 Kurt L. Reitman & Assoc. Appraisal Services 1138 219.03 Harfst Associates, inc. Cmpu-ter Processing Billing 11139 222.46 Ed Jones Co. Ranger Badges 1140 8.40 Victor California Field Supplies 1141 750.00 Miracle Auto Painting District Vehicle Expense 1142 254.35 Dorn's Safety Service District Vehicle E}cpense 1143 254.48 Union Oil Co. District Vehicle Expense I 1I.44 90.10 Re&,00d Trade Bindery Site Brochures 1145 124,158.80 Frank Lee Crist, Sr. Lend Purchase - Crist PropertY 1146 27,939.70 Frank Lee*Crist, Jr. land Purchase - Gist Property 1147 23,091.71 Margaret Crist Land Purchase - Crist Property 1146 18,208.97 Roger E.Cri.st and Dianne Crist Land Purchase - .Crist Prcgerty 1149 51,085.82 Rorer E. Crist Land Purchase - Crist Property 1150 373.41 First American Title Guaranty Co. Interest Papren- - Fine property 1151 300,000.00 Valley Title Co.- Land Purchase - Garrod 1152 267,187.50 Valley Title Co. Land Purchase - Maridan 3 35,000.00 Valley Title Co. Land Purchase - Mindl ng 1154 185,625.00 Ina R. Dahl Property Payment Schedule � 155 313 . 80 California Water Service Co. Utilities-Water a (� June 25,1980 Meeting 80-14 Revised Page 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Description 1156 $ - 89.1.7 Communications Research Co. Maintenance & Repair- Radio Equipment 1157 84 .14 The Dark Room Photography 1158 910. 85 Poly-Cal Plastics Water Tank-Skyline Cabin 1159 47.25 Quality Plumbing,Heating and Site Operation - Solar Installation Maintenance & Repair 1160 730 .00 World Water Resources,Inc. Water Chlorinator- Skyline Cabin. 1161 67 .44 Herb Grench Meal Conference 1162 391. 24 Shell Oil Co. District Vehicle Expense' 1163 732. 61 Mobil Oil Co. District Vehicle Expense 1164 14 .66 • City Of Pala Alto Utilities Utilities 1165 95.57 - P.G. & E. Utilities 1166 31 : 00 Rancho Cleaners Uniform 1167 2 ,379 . 50 Lou Bordi Site Operation-Bulldozir, and Grading—at Fremont Older,Long Ridge Ranch, and Montibello Open Spac~I Preserve. �1168 26.66 REI-Co-op Ranger Uniforms 1169 15.98 Sanborn Security Systems Keys for Docents !1170 1,050.00 Garcia Well Pump Pump-Skyline Cabin 11171 29 .00 Superintendent of Documents- Subscriptions U.S . Government Printing Office 11172 435.66 San Jose Camera Camera 1173 800. 00 California Advocates ,Inc. Legislative Consultant 1174 141 . 97 Petty Cash Postage,Vehicle Expense, Meal Conference,Office Supplies ,Seminars and Training. 1175 62 .04 Steven Sessions Two Drawer File and Private Vehicle Expense 1176 23.68 Jean Fiddes Private Vehicle Expense 1177 325. 50 Olsten of Palo Alto Temporary Secretary I 1178 218. 96 Peninsula Times Tribune Ad for Bookkeeper 1179 8. 51 Katherine Duffy Private Vehicle Expense R-80-34 (Meeting 80-14 6/25/80 Agenda Item No. 1) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 12, 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, C. DiGiovanni, Environmental Resource Planner SUBJECT: Proposed Addition to Fremont Older Open Space Preserve (Garrod Property) Introduction: The Midpeninsula Regional Open Space District has has been offered the opportunity to purchase approximately 118 acres of land adjacent to the Fremont Older Open Space Preserve. Most of the land is within the city limits of Cupertino, and a portion is within an unincorporated area of Santa Clara County (see attached map) . The property is a part of a 240 acre ranch which has been owned by the Garrod family since the 1890 's. A. Description of the Site. 1. Location and Boundaries. The property, adjacent to the southern boundary of the existing Fremont Older open Space Preserve, is located off Mt. Eden Road. It is bordered by Stevens Creek County Park to the west, private property (including the remainder of the Garrod holdings) to the south, and the Fremont Older Open Space Preserve to the north and east. The Garrod family would retain a future water tank site adjacent to the southerly boundary of the area proposed for purchase (see map) . 2. Topography and Natural Resources. This ridgetop parcel serves as scenic backdrop for the Fremont Older Open Space Preserve and for Stevens Creek Park. Vegetation is principally chaparral broken by occasional patches of grassland with scattered oak trees. 3. Existing Development. The property has been part of a horse ranch and stable operation for a number of years and contains many dirt roads and trails which connect with both Stevens Creek Park and the Preserve. The stable will continue to operate on ad- joining property. A communications tower used for ranch operations is located on a hilltop in the southeast corner of the property. R-80-34 Page Two B. Conformity. This acquisition has been found to be in conformity with the General Plans of Santa Clara County and the City of Cupertino. C. Use and Management Recommendations. 1. The property should be open to hikers and equestrians who can gain access from Stevens Creek Park, the existing portion of the Preserve, or from adjacent private property with the permission of the owner. Preserve regulatory and boundary signs would be installed to identify the preserve for users. 2. The site has been overgrazed, and some restoration measures would need to be taken. Before the next review period, which is scheduled for the fall of 1980, staff should formulate a natural resources improvement plan which in- cludes recommendations to abandon and reseed unnecessary roads and trails on the site. The resource plan would also consider the feasibility of allowing grazing in the future. 3. The boundary with the remaining Garrod property should be fenced, incorporating hiking and equestrian stiles, in order to exclude horse grazing from the adjacent horse ranch and to allow implementation of a vegetation recovery plan. An existing service road would be gated and maintained as a patrol road. 4. A lease agreement should be entered into with the owner of the property for continued use of the communications tower. The tower should be fenced for security purposes. 5. As a result of the District gifts recognition policy, two areas, "Nob Hill" and "Maisie Peak" , would be identified and signed in accordance with the wishes of the Garrod family. The two areas are indicated on the attached map. D. Dedicated. It is recommended that this site be dedicated as open space land. E. Name. It is recommended that this property become an addition to the Fremont Older Open Space Preserve. F. Terms. This 118 acre area of the larger Garrod holding is being offered to the District at the bargain price of $1, 025,000 ($8,668 per acre) . The actual value is closer to $11,500 per acre. The District would be required to pay $300, 000 (29%) at the close of escrow, and the Garrod family would finance the balance of the full purchase price ($725,000) over the following five years at 8% interest per annum. Escrow would close as soon as title was in marketable condition. This escrow may close before the end of the fiscal year, and the funds for this purchase would R-80-34 Page Three come from the New Land Commitments budget category, which would then be overspent. When the final budget is adopted later, the 1980-81 budget would have correspondingly less in this budget category. Recommendation: It is recommended that you adopt the proposed Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing 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 - Fremont Older Open Space Preserve (Garrod Property) . In addition, it is recommended that the Board adopt the use and management recommendations contained within this report, dedicate the property as open space, and adopt "Fremont Older Open Space Preserve" as the official name of the site. X a�z4z"" S) EXHIBIT A SITE MAP �IS) ........... RD ffit- RIt u G nn 1 , 3 Santa lai PROPOSED ADDITION . ale R.- X TO FREMONT OLDER t-Vim'se'' OPEN SPACE PRESERVE S-0. 14 CO.I F. 2 0 Permanente 2 2 -c cu' ertin SpACf 2 2000 North RVE sxnfw P ST Li g doga, 4 tas Lo;, Gat., WZ > p 'auss RD u io > r t t,-o dqp -IQ I c ese J xil U1, 12 7',k/988 r, W PRY 7- 7, 0 t - d�Z; LT -7— 'd % 0, L L V'. % zd RESOLUTION NO. I RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING 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 (FREMONT OLDER OPEN SPACE PRESERVE -GARROD PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer con- tained in the attached purchase agreement between Vincent S. Garrod, et al, as Trustees and Midpeninsula Regional Open Space District,dated April 14 , 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement 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 necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is author- ized to expend up to $5,000. to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AGREEMENT TO PURCHASE REAL PROPERTY I AGREEMENT TO PURCHASE REAL PROPERTY BY AND BETWEEN the Garro d Trust, hereinafter referred to as "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter referred to as "DISTRICT" . 1. PURCHASED PROPERTY. SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER' S real property located in the County of Santa Clara, State of California, consisting of one hundred eighteen and 27./100 (118 . 27) acres . more or less, and commonly referred to as all of Santa Clara County Assessor' s parcels numbered 503-011-002 and 003, and portions of assessor ' s parcels numbered 503-011-007 and 503-010-001, and more specifically known and described in exhibit "A" as attached hereto and incorporated herein by this reference. . • 2. PURCHASE PRICE AND PAYMENT. The total purchase price for the aforesaid real property is and shall be the suns of ONE MILLION, TWENTY FIVE THOUSAND AND N0/100 DOLLARS ($1, 025, 000 . 00) , payable asfollows: J a. THREE HUNDRED THOUSAND AND N0/100 DOLLARS ($300, 000. 00) as the down payment, payable at the close of escrow. b. The balance of SEVEN HUNDRED TWENTY FIVE THOUSAND AND NO 100 DOLLARS 725 000. 00 shall be car,�le ., N / ($ r ) by SELLER in the form of a promissory note,r'i k ee,_ r _ � � by a Deed of Trust on said property for a term of .�'/' _ five 5 ears payable in five (5) equal annual --m - J ' installments (on the anniversary date of the close ,�.. crow of ONE HUN DRED FORTY FIVE THOUSAND AND 3 of es ) N01100 DOLLARS ($145, 000. 00) plus accrued interest at the rate of eight per cent (8%) per annurn on the unpaid balance. 3. TITLE AND POSSESSION_ Title and possession of the subject property sha e conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, easements, assessments, leases, recorded or unrecorded, restrictions, rights, covenant:, and conditions of record except: a. Taxes for the fiscal year .in which the escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Such covenants, conditions, restrictions, and reservations as may be deemed acceptable by DISTRICT. -1- c. Easemen ts or rights of way, if any, over said lands for utility, street, or access purposes. d. The Deed of Trust as aformentioned. 4. BARGAIN SALE. It is acknowledged by DISTRICT and SELLER that the purchase price being paid for the property is less than the property' s fair market value, and that the differ- ence in the price being paid by DISTRICT and the property' s fair, market value is being donated to DISTRICT as part of this trans- action. 5. COSTS. DISTRICT shall pay and satisfy all escrow, recording and usual title insurance charges and fees incurred in this transaction. SELLER shall be responsible for and pay all costs of any reconveyance of Deed of Trust, full release of mortgage or any other fees or costs for legal or other services, incurred in connection with the delivery of marketable title to DISTRICT. 6. COMMISSIONS. DISTRICT shall have no obligation to pay any real estate agent' s commission or other related costs or fees in connection with this transaction. 7. LEASES OR OCCUPANCY OF PREMISES. SELLER warrants that there are no oral or written leases or rental agreements affecting all or any portion of the subject property, or any person lawfully occupy- ing the property and SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss or expense, including costs for legal services, occasioned by reason of any such lease/ rental agreement or occupancy of the property (including, but not limited to, relocation payments and expenses provided for in section 7270, et. seq. of the California Government Code) . 8. ACCEPTANCE AND TERM OF ESCROW. DISTRICT shall have fifteen (15) days from and after the execution hereof by SELLER to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to enter into a contract with DISTRICT on the terms and conditions set forth herein; in consideration of which DISTRICT has paid and SELLER acknow- ledges receipt of the sum of ten and no/100 dollars ($10. 00) . This transaction shall close on or before June 30, 1980 through Escrow # 175993 conducted by Valley Title Company, 300 South First Street, San Jose, California 95157. 9. The provisions hereof shall accrue to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AS TO FORM: SELLER: E GARROD TR ST—? Stanley Nor n, District Counsel Vinc S. Garrod ACCEPTED FOR REC014LMENDATION: Louise G: Co er i L. Criiig Britton Land c uisition Manager q g 'chard R. Garrod as Trustees under a Trust RECOMMENDED FOR APPROVAL: Agreement dated December 31, 1970, between Ralph Vince Garrod, Emma Stolte Garrod, Louise Garrod Cooper, George E. Cooper, Richard Ralph Garrod, Edna May Garrod, Vince S. Garrod Herbert Grench and Jane W. Garrod k General Manager o APPROVED A14D ACCEPTED: Barbara Green President Board of Directors ATTEST: Clerk of the Board of Directors 3-- I - - R-80-33 (Meeting 80-13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6/25/80 Agenda Item No. 2) REPORT June 12 , 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, and C. DiGiovanni, Environmental Resource Planner SUBJECT: Proposed Addition to Monte Bello Open Space Preserve (Maridon Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase approximately 169 acres of land on Monte Bello Ridge adjacent to the southern boundary of the Monte Bello Open Space Preserve (see attached map) . Located in an unincorporated area of Santa Clara County, the property would furnish a trail link from Stevens Canyon Road to the Monte Bello Open Space Preserve. A. Description of the Site. 1. Location and Boundaries. The unincorporated property is located at the end of Stevens Canyon Road on the southwest facing slope of Monte Bello Ridge and is within the Sphere of Influence of the City of Cupertino. It is bordered by the Monte Bello Open Space Preserve to the north, the Monte Bello Open Space Preserve and the Santa Clara County Stevens Creek Park to the west, and private property on all other sides. 2. Topography and Natural Resources, Stevens Creek crosses the southwestern corner of the property, which is situated on the steep southwest facing wall of the 1,000 foot deep Stevens Canyon. Plant communi- ties include chaparral, grassland and creek woodland. 3. Existing Development. Stevens Canyon Road crosses the southwest corner of the property and connects with Stevens Creek County Park. However, that portion of the road which is located on the property was completely obliterated by a large landslide this past winter. A Jeep trail enters the southwest corner of the site from private property. R-80-33 Page Two B. Conformity. This acquisition has been found to be in conformity with the Santa Clara County and City of Cupertino General Plans. C. Potential Use. The property contains two potential trail routes, a Monte Bello Ridge route and a connection between Stevens Canyon Road and Canyon Trail on the existing portion of the Preserve. The property is also located on the planned Santa Clara County trail route from Stevens Creek Park, which would run along the 1400 foot contour. This is not only an important trail route, but it also represents a valuable patrol and emergency access route in order to reach the Stevens Canyon portion of the existing Preserve. Unfortunately, the extremely steep slopes and un- stable soils in this area, which result in devastating landslides , will make any trail or road planning very difficult. D. Use and Management Recommendations. 1. Although the property is currently not readily accessible, it should be open to the public. This could require the expenditure of $2, 000 to reopen Stevens Canyon Road. 2. Normal post-acquisition security measures would be taken, including installation of preserve boundary signs, fences, and gates where appropriate. 3. Because of the historical significance of the property, a plaque identifying the property as the site of the Maridon Homestead of 1875 should be placed in an appropriate location, at a cost of $100. E. Dedication. The property (at least the 15/16th interest) should be dedicated as open space land. F. Name. The property should become an addition to the Monte Bello Open Space Preserve. G. Terms. The attached purchase agreement outlines the conditions of acquisition for a 15/16th interest in the subject property. The total value, based upon an appraisal of full fee title, would be $285,000 (approximately $1680 per acre) . Because the whereabouts of one family member, owning a 1/16th interest in the property, is unknown, staff has only reached an agree- ment with family members controlling a total of 15/16ths interest at the proportionate price of $267,187. 50. After close of escrow, should the District proceed with this ac- quisition, staff would attempt to acquire the remaining interest. If this proved infeasible, it may be possible to cancel property taxes on the District 's interest and acquire the final portion at tax sale. The funds for this purchase would exhaust the monies available for New Land Commitments and Opportunity Purchases for this year, and in effect, use some of the funds budgeted for 1980/81 New Land Commitments. R-80-33 Page Three Recommendation: It is recommended that you adopt the proposed Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Office to Execute Certi- ficate 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 - Monte Bello Open Space Preserve (Maridon Property) . In addition, it is recommended that the Board adopt the use and management recommendations contained within this report, dedicate the property as open space, and adopt "Monte Bello Open Space Preserve" as the official name of the site. .•::od »� .v;ti•'S'C ,'+tii-•- ::•}f•;•:a:•�...}i x: •:}:•.R�-.e•.:;.�vA:;y •-K•'�•::.'?:•'�:ti•�''.s';:{•'• `?- -'.oF •t.ti. :•:t 'ti•1:.;.•r..r.- i:•r'-:�::.,v�v.?:- _:^:%:. -:iF•: :�k ?j•j{•. 'X:• :.• •SZy:-e '''ice 3i=ry- ..tip}._;.. .yam: �� :.}tiC• i•::::r::::. ::4 _A•• ,. � �/' �}•'�ti'Ar 1 � f {." l T � .::'. 1'a�'•'••tL`V:S�.°:S:'..'".Yt•:'.LC:��:-f�iY.........15 no Eh. SIT A SITE MAP (USGS) /x/r BOG a � /e00 \ �\ PROPOSED ADDITION a TO MONTE BE LLO OPEN SPACE PRESEaVF, 3e fare 1:, = 2000' _forth \. 11!'" n'1 �/� �� ` 11�� IN •.1 \�.�._-i�� 3� _ ll�� ,; ��r .mil ,. �`�`\. � �tom``_r J �e �i \ �® '1 R? h ea ' :� {1Y i ,�. C (,I \ �� 11 - r�,. � -1'f �� -- � 1• S ••:tit _/, J1. 4 t `I'p�\ •i ,` �� \( %�r 1�'^-�' '1' �/i.��i.\ t i ' v Liam �=, pE n S P i S 1 / STANfORO "N : ='y$ �� .! � .' .Ci er.. 0 \r p/J —� ` SEND �.c•�/'7 2 < <I I- - •.J w[rd ':' y — /� ,a•I 1 I h� J �Lr � \ � ��`/ � �y/.E ��% '• e !`,t ��` .P � .t nu� •.� !/, �/� N� `� 1 � / `^-7 ��e°nnf4� :>tsu°E as G , eey�( •� '. �C�� / - � �� ' �//�I �� l Ir�J�/�� •L'+�='i.a.e�r:ooe PJ {r_ �a II. _ .i•� s � Portola �/..w+wnl � �y�ILos 3 Lo°da Valley E° Er` ` Aftos 5 3 Iry 3 9� AItOS�I a3'aRsn =c»y Q _ �� i ✓ / ^ / Sri \ .° ' $ - a 3 ll ;S5 7FCQT- w00p �� I1t/ •-\PARR •SLICE PA[aERV[+ J fe ` lad oga.DysTNni[.• _ _ - � ( ` ' `,�. �,\\ � �� ,,,•I�,�rpoo 11 �\t }a �a rR..cw i'T 'NER a.tr eArarRe[ sAw.R.�Ro ��✓ ✓ _--.t)��`` eta bga� ! ,�-� J ;/ _� .,a>..�R, m"� r^ �'--}' _ :� �� t�, A�;. a A - � r' , r 13 'E 1?+ct�oNr • - Z E :; / pf Permjnente C Cda UZ4 'RewA°/ ! > vR6aurv; Sr.,,«,r (. '�6� _ �� /'� �jE' ,. ?a. '.\•�'e_. l�)t I a� 1 �l ;'Jf owef 3 /` \. ;�.- Reeer.urr_ , p '�f/' �/ _—_� / l_ � �t i" � j( .�'� � p I ?.1 STEV NS I y •J� AcoA.1! PA10GA '�Y, •f�~II !�J � ".(� 2 �/\(p,.'` 'r ` � � f� C 11•"c"°" -:'�/ `,f srRniE marl.,� t�' � i� �:'�".i:�=:�!ri'.±ff3.y---. .� ��x itf.b"....?{:.•'�"S,f fl _ t. .15--_ ?r:.?•'.�?r\?y%?.Z�L.•:?,Its"rrfi'rDr'�F-��Cfi`yrri]i�-0t`�'�'%'•i'�'nE"�A;�e...".Yr'.�'fi.... BRIAN MARIDON/ARCHITECT 120 Union Street Santa Cruz California 95060 June 12, 1980 Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Subject: Sale of the Maridon Ranch Dear Sirs: Enclosed are the signed documents in which the Maridon family agrees to sell the Montebello Ranch to the Midpeninsula Regional Open Space District. The Ranch represents an important part of our family's heritage and it is with some sadness that we must part with it. However, we are delighted that the ranch will be preserved as part of the park system, to be enjoyed by future generations as our family has enjoyed it for so many years. The property has been in our family for over 100 years, having been home- steaded by my great grandfather, Antonio Maridon, about 1875. Antonio con- structed the road up the mountain, cleared the land, and planted vineyards which eventually produced exceptional wine. Antonio, with his sons James and John and daughter Catherine, farmed the Montebello property along with the orchard on what is now Stevens Creek Boulevard. James and John Maridon continued to farm after their father's death and to raise their families - the present heirs - on the ranch. Since our family was among the first to settle and farm the Santa Clara Valley, we would like to place a compatible historical marker at the origin- al homestead. We will soon send you a brief family history for your use and we will be happy to provide any other information you may need. We appreciate Mr. Britton's help in arranging the property sale and we look forward to completing the transaction and placing the marker. Sincerely, Brian Maridon BM:lm Enclosures RESOLUTION NO. l RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING 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 (MONTE BELLO OPEN SPACE PRESERVE - MARIDON PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in the attached purchase agreement between Felix Maridon, et al, and the Midpeninsula Regional Open Space District dated May 30, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement 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 necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is author- ized to expend up to $2 , 000. to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. I I I i AGREEMENT- TO PURCHASE REAL PROPERTY THIS AGREEMENT is made and entered into on the date hereinafter set forth by and between the undersigned individuals, henceforth called "SELLERS" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. , henceforth called "DISTRICT. " 1. PURCHASED PROPERTY. SELLERS agree to sell to DISTRICT, and DISTRICT agrees to purchase from SELLERS in the proportionate amounts hereinafter set forth, SELLERS ' real property located in the County of Santa Clara, State of California, consisting of some one hundred sixty ..nine and forty four one-hundredths (169. 44) acres, more or less, and more specifically known and described as: Lots 8 and 13 and the East one-half (1/2) of the Southwest one-quarter (1/4) of Section 30, Township 7 South, of Range 2 West, Mount Diablo Base and Meridian 2. PURCHASE PRICE AND PAYMENT. The total price and consideration for the purchase of the herein described real property is and shall be the sum of two hundred sixty seven thousand, one hundred eighty seven, and fifty one-hundredths dollars ($267 ,187 . 50) . Said sum shell be deposited into escrow by DISTRICT for distribution to SELLERS at such time as escrow may be closed and title conveyed to DISTRICT under the terms and conditions hereinafter set forth. 3 . TITLE AND POSSESSION. Title and possession of the herein described real property shall be conveyed to the DISTRICT at the close of escrow by Grant Deed, free and clear of all liens , encum- brances, easements, assessments, restrictions , rights, covenants, and conditions of record, except: a. An undivided 1/16 interest apparently acquired by Harold Charles Maridon in the proceedings had in the Superior Court of California, County of Santa Clara, Action No. 82406, entitled "In the matter of the Estate of Mike Virgil Maridon, deceased, " wherein a Final Decree of Distribution was filed on June 3, 1974. b. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. c. The right of the public to use as a roadway so much of the herein described premises as may lie within' the bounds of Stevens Canyon Road. d. Any rights, interests, or easements in favor of the public which exist, or are claimed to exist over any part of said land covered by water. 1 of 3 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULII REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING 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 (MONTE BELLO OPEN SPACE PRESERVE - MARIDON PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in the attached purchase agreement between Felix Maridon, et al , and the Midpeninsula Regional Open Space District, dated May 30, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement 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 necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is author- ized to expend up to $2 , 000. to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. e. Any adverse claim based upon the assertion or premise that the location of the course of Stevens Creek has moved. 4 . COSTS. DISTRICT shall pay and satisfy all escrow, re- cording, and usual title insurance charges and fees incurred in this transaction. SELLERS shall be responsible for and pay all costs of any reconveyance of Deed of Trust, full release of mortgage or any other fees or costs for legal or other services incurred in connec,--ion with the delivery of marketable title to DISTRICT. Excepti_,d herefrorri shall be any costs or expenses that may be incurred in connection with the interests of Harold Charles Maridon as excepted in paragraph 3a hereinabove. 5. COMMISSIONS. DISTRICT shall have no obligation to pay any real estate agent' s commission or other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES. SELLERS warrant that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons lawfully or unlawfully occupying the property. SELLERS further warrant and agree to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss or expense including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property. 7. ACCEPTANCE AND TEM OF ESCROW. DISTRICT shall have thirty (30) days from the date of the execution hereof by the last of each of the SELLERS to accept and execute this agreement, and during said period this instrument shall_ constitute an irrevoc,tble offer by SELLERS to sell said real property to the DISTRICT for the consider- ation and under the terms and conditions herein set forth, in consideration of which the DISTRICT has paid, and the SELLERS acknow- ledge receipt of the sum of $10. 00. Time being of the essence, this transaction shall close after acceptable title is placed into an escrow to be conducted by the Valley Title Company, 300 South First Street, San Jose, California, 9511.3 , escrow number 168638-C. 8. The provisions hereof shall inure to the benefit of and bind the respective heirs, devisees, successors, or assigns of the parties hereto. ----------- 2 of 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: SELLERS : APPROVED AS TO FORM: Stanley No• ton, District Counsel Felix Maridon Date As. to a 2/16 interest ACCEPTED FO •RECOMMET3DATION: NI: �� ( Charles Maridon Da e As to a 2/16 interest L. Craig/Britton 1 / - Land Acquisition Manager i�" f�,(�, �a N� , :C;{.!�i(-" � /� O. Olga Maridon Pagura D t As to a 4/16 interest RECOMMENDED FOR APPROVAL: TX / yAntone Maridon Date As to a *2/16 interest Herbert Grench General Manager, Mike Maridon Oate As o a 1/16 interest APPROVED AND ACCEPTED: ,_J hn Maridon Dace As to a 2/16 interest Barbara Green, President Board of Directors '� �'�`' `" AIrd ]Brian F. Maridon Date Dated: As to a 1/16 interVst�" ATTEST; lLf—a-cze Russel J. Maridon Date As to a 1/16 interest Clerk of the Board of Directors 3 of 3 APPORTIONMENT OF $267 ,187 . 50 AWARD, Felix Maridon 2/16 $35,625. 00 Charles Maridon 2/16 35, 625. 00 Olga Maridon Pagura 4/16 71,250. 00 Antone Maridon 2/16 35, 625. 00 Mike Maridon 1/16 17 , 812. 50 John Maridon 2/16 35, 625. 00 Brian '. Maridon and as joint tenants 2/16 35, 625 . 00 Russel J. Marido TOTAL 15/1.6 $267 ,187 . 50* * The above sums may be reduced by the mounts of any liens, judgements, attachments, or costs of any reconveyance of Deed of Trust, full release of Mortgage, or any other fees or costs for legal or other services incurred in connection with the delivery of marketable title to the DISTRICT, in accordance with paragraph 4 of the subject agreement. (The above is provided only for information and is not a part of the Agreement to Purchase Real Property. ) R-80-35 (Meeting 80-14 6/25/80 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Agenda Item No. 3) REPORT June 17 , 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; S. Sessions, Land Manager; C. DiGiovanni, Environmental Resource Planner SUBJECT: Proposed Addition to Manzanita Ridge Open Space Preserve (Mindling-Harrison Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to acquire approximately 121 acres of land in two parcels in an unincorporated area outside the Town of Los Gatos. A 41 acre parcel would be purchased, and an ad- jacent 80 acre parcel would be a gift to the District (see attached map) . The two parcels are located east of Lexington Reservoir between San Jose Water Works land and the Novitiate property which the Town of Los Gatos and the District are jointly nego- tiating to purchase with 1978 Land and Water Conservation Fund moneys. A. Description of the Site. 1. Location and Boundaries. This unincorporated property is located on Limekiln Road within the Sphere of Influence of the Town of Los Gatos. The northern parcel is bordered to the north, east, and south by private property, and to the west by Santa Clara Valley Water District land which is managed by the County as Lexington Reservoir Park. The property that the Town of Los Gatos and the District are negotiating to purchase with grant funds is located 0. 25 miles to the northwest, and Manzanita Ridge Open Space Preserve lies 1. 75 miles to the east. The southern parcel is bounded by San Jose Water Works land to the south and other private property on all other sides. 2 . Topography and Natural Resources . The property is located in Limekiln Canyon and resembles the existing portions of the Preserve in that it contains principally the chaparral plant community. Elevation ranges from 800 feet, at a creek that flows into Lexington R-80-35 Page Two Reservoir, to the 1,762 feet at the summit of Priest Rock. This rock area may have been named Priest Rock because of the view one has looking east from St. Joseph 's Hill on the Novitiate property. The 41 acre parcel contains a seasonal creek and an oak woodland community normally associated with lower canyon areas. The 80 acre parcel is typically chaparral with some outcropped rock formations. 3. Existing Development. There are four access points to the property. A paved road and dirt service road afford access to the northern parcel, and a P.G. & E. dirt service road and a Jeep trail provide access to the southern parcel. The Limekiln Canyon Road leads from Lexington Dam to the quarry three miles east. This road could be used by the public and could provide access to the northern parcel. The dirt service roads are gated where they cross private property. Three P.G. & E. transmission towers are located on the southern parcel. 4. Conformity. This acquisition has been found to be in conformity with the Santa Clara County and Los Gatos General Plans . The P .G. & E. road which crosses the southern parcel is part of the County Trails Plan and has been identified by the Los Gatos Trails Committee as a link in their trails plans. This trail leads to the Kennedy Trails parcel. B. Use and Management Recommendations. 1. The site should remain open to hikers and equestrians who can gain access from Limekiln Canyon Road or any of the other roads with permission of the adjacent property owners. 2. Fencing and gates should be placed as necessary at access points to restrict vehicle use and could require an expen- diture of $1200 for necessary material. 3. Preserve boundary signs should be installed as appropriate. C. Dedication. It is recommended that this site be withheld from dedication as open space since it is separated from the existing portions of the Preserve and so as to allow for the possibility of trading development rights. D. Name. It is recommended that the property become an addition to the Manzanita Ridge Open Space Preserve and be unofficially named the Priest Rock area. R-80-35 Page Three E. Terms. The attached purchase agreement outlines the acquisition terms for the purchase of a 41 acre residential property fronting on Limekiln Road near Lexington Reservoir. This parcel has a site value of $120,000. The terms of purchase include a down payment of $35 ,000 (about 29%) with the balance of $85,000 payable over 10 years, plus interest at 6% per annum. As a part of the agreement, the owners would convey to the District by Gift Deed, a contiguous 80 acre parcel designated on the USGS map as Priest Rock. Recommendation: It is recommended that the Board adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certi- ficate of Acceptance of Grant to District, Authorizing Officer to Execute Certificate of Acceptance of Gift Deed to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Manzanita Ridge Open Space Preserve - Mindling-Harrison Property) . It is also recommended that the Board approve the interim use and management recommendations contained in this report, that Manzanita Ridge Open Space Preserve - Priest Rock Area be designated the unofficial name of the site, and that this 121 acre acquisition not be dedicated. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GIFT DEED TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE -MINDLING-HARRISON PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does 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 purchase agreement between Rodney L. Kindling and W. H. Harrison and the Midpeninsula Regional Open Space District dated June 12, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Grant Deed conveying title to the property being acquired by District. Section Three. The President of the Board of other appropriate officer is authorized to execute a certificate of acceptance for the Gift Deed conveying title to the property being given to District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance of purchase agreement to seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Five. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRA14T TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GIFT DEED TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NEC ............................................ /` �M� .././_••� 'y• I,07 _ y.•�" 'Lam'+ �•• i�:S�� 'taiSr Jaj ,441 us .. �.•\�Y I,o �/� ice' J i�, - �,� \��-_. � ' j '� '� ;,� `' f Pis r zgoo �\ ``�` `11�~�� ` j6 = � � �l 11�� 1�i3O� ,��,✓ �14W �� .�� Lam^---!�1 ! . —1300 �\ :.• �j '� is �.r—_.i `-'"�� / l `--7�� .-,soo�� I�p ,ae \,/'�J v-�� •�/•`tr—\ }R. E�C�r2�-- 12 7-7 .✓ �.� � J �_ .�� .- r-- I �'•'' �� '�--vim �11 ��o�� ' I Monte : .4 GAI05 dlaRra /� pus -'Kos 50M N.LL 1.5�Q( �� -\• \1-�� _,:i�� f./'`fin 11! )�(\i J \�`�•��`%: \ l• vyO SNh N13 oBtO550r.rvtl 3 : O ��✓ \V �1 iu�%/�� 9/ ( '.•.•�,�\�` ��!r r ��'��;`:. 1.7 .,,, '� ` nail'rs .a � � \ ��'., `—'/—��, �� ,�, �� •f� r`- Los' Ra `,s \ _ '� ✓, �� l'�� / � `,`, �i•Y,, .Po —`i l�4FklN f= Lam♦ ` �/��ZG•8` •'� >`•tn� -f NIc ` 2218_._ Jam-- _ -•\, '1 a '.] RO-' �- ` L� �� p ar •I f �L_� /� ,.—�..�`v-rh._.. ..�11.�\�L:.. 1-• `�l�L.c:.-Y• �. •: EXHIBIT A — SITE MAP (USGS) E: `,CnemeketaPark w^M Nor \j ni° "`v PROPOSED ADDITION TO _fla9w00Q 3, '.y¢fi ,: e M j '� l: MANZANITA RIDGE ,Ella OPEN SPACE PRESERVE rJ 4.7 2000 ' North : .,,:,:,,.�..,,.. E �=zz, PURCHASE AGREEMENT THIS AGREEMENT, is made and entered into this day of , 1980 by and between RODNEY L. MINDLING and W.H. HARRISON hereinafter referred to as "SELLERS" and the MIDPENINSULA REGIONAL OPE`7 SPACE DISTRICT, a Public District, hereinafter referred to' as "DISTRICT". WITNESSETH: RECITALS: (A) SELLERS are the owners of certain real property located within an unincorporated area of the County of Santa Clara, State of California, described as . Lot 9 of section 28 in Township 8 South, Range 1 West, Mount Diablo Base and Meridian, containing forty and eighty one one-hundreths (40.81) acres, more or less, and herein designated as Parcel 1. (B) SELLERS are also the owners of certain other real property located within an unincorporated area of the County of Santa Clara, State of California, described as the Ilest h of the Northwest 4 of Section 34 in Township 8 South, Range 1 West, Mount Diablo Base and Meridian, containing eighty (80) acres, more or less, .and herein designated as Parcel 2. (C) DISTRICT desires to purchase and SELLERS desire to sell Parcel 1 of their said real property to DISTRICT, for the monetary consideration and under the terms and conditions hereinafter set forth. (D) SELLERS, out of their desire to promote the public welfare, and to share the natural scenic beauty and the enjoyment of their property with the citizens of the Midpeninsula area wish to give and convey to DISTRICT, and DISTRICT wishes to accept and receive, without consideration, Parcel 2 of said real property. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. PURCHASED PROPERTY. Upon the terms and under the conditions herein set forth, SELLERS agree to sell and convey Parcel 1 as aforesaid, and DISTRICT agrees to purchase said Parcel 1 from SELLERS. In- addition, SELLERS agree to give and convey Parcel 2, as aforesaid without consideration, and DISTRICT agrees to accept ownership of said Parcel 2. Together with easements, rights of way, and any other rights of use which may be appurtenant or attributable to the aforesaid lands. 2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price for the aforesaid real property designated as Parcel 1 is and shall be the sum of ONE HUNDRED TWENTY THOUSAND AND No/100 DOLLARS ($120,000.00) payable as follows: 1 of 4 a. The sum of THIRTY FIVE THOUSAND AND NO/100 DOLLARS ($35,000. 00) as the down payment, payable at the close of escrow. b. The remaining balance of EIGHTY FIVE THOUSAND AND N01100 DOLLARS ($85,000.00) shall be carried by SELLERS in the form of a promissory note, secured by a Deed of Trust, for a term of ten (10) .years, payable in ten (10) equal annual, installments (on the anniversary date of the close of escrow) , of EIGHT THOUSAND FIVE. HUNDRED AND N0/100 DOLLARS ($8,500.00) plus accrued interest at the- rate of six percent (6%) per annum.computed on- the unpaid balance. 3. TITLE AND POSSESSION. Title and possession of the -herein- described real property designated as Parcel 1 shall be conveyed to DISTRICT at the close of escrow by a Grant Deed, and Parcel 2 by a Gift Deed, both parcels to be free and clear-of all liens, encumbrances, easements, assessments, restrictions, rights, covenants, and conditions of record, except: a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. DISTRICT shall accept the property subject to an easement and right--of-way in favor -of Pacific Gas and Electric Company contained in a Final Order of the Condemnation had in Case No. 214,503 in the Superior Court of the State of California, in and for the County of Santa Clara, a certified copy of which was recorded February 19, 1970, in .Book 8833, Page 420, of Official Records. It is agreed that at the same time SELLERS will deliver into escrow, with the conveyance of Parcel 1, the instrument to convey Parcel 2 to DISTRICT as herein set forth. 4. USE OF PROPERTY. It is expressly understood and agreed that both Parcels 1 and 2 to be conveyed to DISTRICT, shall in perpetuity be used only and exclusively for open space and recreation purposes for the benefit and enjoyment of the general public. DISTRICT may at its option exchange, convey, or assign any density or development rights which-may be attributed to the aforesaid parcels to other holdings or ownerships as, such trans- action may accrue to DISTRICT'S benefit ,- but in no event is any such benefit to accrue to any other entity than the. District. 5. COSTS. DISTRICT shall pay and satisfy all escrow, recording and usual title insurance charges and fees incurred in this transaction. SELLERS shall be responsible for and pay all costs of any reconveyance of Deed of Trust, full release of mortgage or any other fees or costs for legal or other services, incurred in connection with the delivery of marketable title to DISTRICT. 6. COMMISSIONS. DISTRICT shall have no obligation to pay any real estate agent's commission or other related costs or fees in connection with this transaction. 7. LEASES OR OCCUPANCY OF PREMISES. SELLERS warrant that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons lawfully occupying the property. SELLERS further warrant and agree to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the -property being 4 acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. . of the California Government Code. ) 8. ACCEPTANCE- AND TERM OF ESCROW. DISTRICT shall have thirty (30) days from the date of the execution hereof by the last of the SELLERS, to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by SELLERS to sell and to convey the aforesaid real property to DISTRICT for the consideration and under the terms and conditions herein set forth, in consideration of which DISTRICT has paid, and SELLERS acknowledge receipt of the sum of $10.00. Time being of the essence, this trans— action- shall close as soon as practicable after documents evidencing acceptable title are deposited in escroi& (No• 175412) to be conducted by the Valley Title Company, 300 South`' reet, San Jose, California, - ` 95113, and in no event later than 45 days after this agreement is executed on behalf of DISTRICT. 9. ' The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, successors, or assigns of the parties hereto. 3 of 4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: SELLERS: APPROVED AS TO FORP-I: Stanley Nor oh, District Counsel RODNEY L� MINDLING r ACCEPTED F le RECOMUMENDATION: ,��= L z_ , l o - DATE L. Crai Britton Wo H. HARRISON Land Acquisition Manager Jvcqc DATE RECOMMENDED FOR APPROVAL: Herbert Grench General Manager APPROVED AND ACCEPTED: Barbara Green, President Board of Directors Dated: ATTEST: Clerk of the Board of Directors 4 of 4 R-80-36 0( ,.°. (Meeting 80-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6/25/80 Agenda Item No. 4) REPORT June 18, 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: S. Sessions, Land Manager, and C. DiGiovanni, Environmental Resource Planner SUBJECT: Proposed Land and Water Conservation Fund Application Introduction: The Federal Land and Water Conservation Fund program as administered by the Department of Parks and Recreation of the State of California, is a major source of supplemental funding for local park agencies. At your meeting on June 11, 1980, you approved resubmitting the 1979 application for a Monte Bello Open Space Preserve Develop- ment Project (see report R-80-25, dated June 2 , 1980) . Staff is now recommending that an application also be submitted for grant funds to help acquire the McNiel property as an addition to the Monte Bello Open Space Preserve. Discussion: A description of the property, which was contained in the Determination of Public Necessity report (report R-80-4, dated February 19, 1980) , is as follows : Description of Monte Bello Addition Project A. Description of the Site (1) Size, Location and Boundaries. The 97 acre property is located in an unincorporated area of Santa Clara and San Mateo Counties: 94. 5 acres are within Santa Clara County and 2 . 5 acres are within San Mateo County. It is bounded by the Monte Bello Open Space Preserve to the north and east, Page Mill Road to the west, and private property to the south. The Los Trancos Open Space Preserve is located less than 0.25 miles to the northeast on Page Mill Road, and the Russian Ridge Open Space Preserve is less than 0.25 miles to the southwest on Skyline Boulevard (see attached map) . (2) Topography, Geology and Soils. Elevation ranges from 1, 880 feet near Stevens Creek to 2,200 feet at the northern border of the property. R-80-36 Page Two Soils on the property on slopes of from 5 to 30 percent are subject to moderate and severe sheet erosion. On steeper 50 to 75 percent slopes, soils are subject to very high erosion hazard and very rapid runoff. The property is contained within the San Andreas Rift Zone,which is mapped as running through the site in a northwest-southeast direction. (3) Vegetation and Wildlife. Grassland is the dominant plant community on the site. Horse grazing has resulted in fair to poor range quality, and the entire grassland area has been severely invaded by star thistle, an un- desirable range plant, due to overgrazing. Approximately 18 acres in the immediate stable and corral area have been completely stripped of vegetation, and it would take a number of years to restore the area to its natural condition with intensive restoration management. The Stevens Creek corridor is wooded with oak, madrone, and bay. The grassland and woodland should provide habitat for coyote, rabbits, hawks, bobcat, and perhaps even the California mountain lion which has been sighted in the vicinity. The property is currently overrun by ground squirrels, but the restoration of the grassland should stabilize the squirrel population and greatly enhance the variety of wildlife which frequent the property. B. Potential Use and Management. The property could be incor- porated into the existing and planned trails system on the adjacent Monte Bello Open Space Preserve and could provide a connection to the Los Trancos Open Space Preserve from the Alpine Road trail. Initial management should concentrate on restoration of the grassland and stabilization of soils for the protection of water quality, soil conservation, wildlife habitat restoration, and the improvement of scenic resources. Once this restora- tion is underway, the property would become an integral part of the Monte Bello Open Space Preserve which is anticipated to become one of the major hiking areas on the Midpeninsula. Recommendation: It is recommended that the Board adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds - Monte Bello Open Space Preserve Addition Project. R-80-36 Page Three The Land and Water Conservation Fund is a program whereby applications from agencies throughout the State are considered for funding on a competitive basis. If an application is selected for funding, then a contract is entered into which commits (to the extent required by the contract) the District to following through with the project as described in the application. At the February 19 meeting, you already voted to acquire the property. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS - MONTE BELLO OPEN SPACE PRESERVE ADDITION PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of the Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said application to the State; and WHEREAS, Part V of said applications contains assur- ances that the applicant must comply with; and WHEREAS, the proposed Monte Bello Open Space Preserve Addition Project is consistent with the California Outdoor Recreation Resources Plan; and WHEREAS, the project must be compatible with the Land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has matching funds from the following source (s) , namely, property tax revenue, and can finance 100 percent of the project, half of which will be reimbursed, and 3. Certifies that the project is compatible with the land use plans of those jurisdictions immedi- ately surrounding the project; and 4. Appoints the General Manager as agent of the District to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project. ;ti•.:{-: •'iv: •ter:-:• _ �. 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'.. ^'-' -"•'r �"�n�- .~ (�--'�) f!r'. F r M-80-47 (Meeting 80-14 6/25/80 Agenda Item No. 5) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 17, 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes , Administrative Assistant SUBJECT: Renewal of Office Space Lease Introduction: At your meeting of June 11, 1980, you accepted the Budget Committee' s recommendation to include the issue of office space lease renewal on the June 25 , 1980 agenda. The Budget Committee felt no urgency in having the Board consider the long-term issue of office space (i.e. whether to build or continue renting) , and you asked that the staff re-analyze the criteria presented in its earlier reports and include the topic on an agenda for discussion before the end of 1980. However, since the term of the current office space lease ends on November 1, 1980, the issue of renewing the lease must be addressed at this time. Discussion: The initial term of the lease for the District ' s office space in Suite D-1 at 375 Distel Circle was for three years commencing on November 1, 1977 and ending on November 1, 1980. The District's staff moved into Suite D-1 in October, 1977, and the monthly rent for the leased premises has been $2, 067 (65� per square foot) . According to the lease, the District has the option to renew the lease for an additional five years, or any fraction thereof in years, commencing November 1, 1980, at a monthly rental rate equal to $2,257. 80, plus direct expense increase adjustments during this lease period attributable to utilities, janitorial services, and real property taxes. The District must give ninety days written notice (August 1, 1980) to the landlord before the expiration of the term of the lease if the District intends to exercise its option to renew the lease for any period of time. In order to allow staff the greatest flexibility in negotiating the extension of the lease, I am asking that the Board authorize staff to negotiate an extension of the lease for the full five years (or 'a part thereof with renewal privileges) in accordance with the terms of the option. Under these conditions the rent should stay well below prevailing market prices, and it should not be too difficult to sublease the space if the District wishes to move its offices before the five year period is up. M-80-47 Page Two Recommendation: Accordingly, I recommend that you authorize staff to negotiate an extension of the District 's lease for its office space in Suite D-1, 375 Distel Circle, for five years, or a part thereof with renewal privileges, and return to the Board for possible approval. M-80-48 •� t. (Meeting 80-14 6/25/80 Agenda Item No. 6) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 20, 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, District Clerk SUBJECT: Consolidation of District Election Discussion: Three of the seven wards of the District are scheduled to elect Directors this November. The wards and their incumbent Directors are: Ward 3, Barbara Green; Ward 4 , Edward Shelley; and Ward 7, Richard Bishop. In preparation for the November 4 General Election, it is necessary for you to call an election in the District and to request consolidation services from Santa Clara and San Mateo Counties. Staff is currently in the process of investigating an Election Code change effecting the candidate' s filing time for elections consolidated with the General Election. The change calls for a nomination period of 113 to *88 days prior the General Election, and assuming that the District falls under this Election Code change, the nomination period will begin on July 14 , 1980. In addition, based on this change, it will be necessary for the District Clerk to relay to the Registrar of Voters of each county, by July 7, 1980, your adopted policy regarding payments of candidate statements and number of words to be included in each statement. Recommendation: It is therefore recommended that you adopt the attached Resolution of the 'Board of Directors of the Midpeninsula P Regional Open Space District Calling Election and Requesting I g Consolidation (San Mateo County) and the attached Resolution of the Board of Directors of the Midpeninsula Regional Open and Requesting Space District Calling Election q g Consolidation (Santa Clara County) . i RESOLUTION 'NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING ELECTION AND REQUESTING CONSOLIDATION (SAN MATEO COUNTY) WHEREAS, Public Resources Code Section 5530 requires that an election be held within the territory of the Midpeninsula Regional Open Space District at the time of the general election on November 4 , 1980, for the election of one (1) Director of the District, and - WHEREAS, a general statewide election will be held within San Mateo County on that date; NOW, THEREFORE, the Board of Directors of the Mid- peninsula Regional Open Space District does resolve as follows : 1. Pursuant to Public Resources Code Section 5530, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of one (1) member of the Board of Directors 'of the District in Ward 7 on Tuesday, November 4 , 1980. 2. That said election be consolidated with the statewide general election to be held in San Mateo County on said date. 3. That the election precincts, polling places, voting booths, and election officials in each of the precincts shall, to the extent practi- cable, be the same as provided for the state- wide election on said date, as prescribed by the ordinance, order, resolution or notice of the Board of Supervisors of said County calling, providing for or giving notice of such other election and which sets forth such precincts, voting booths, polling places and election officials. 4. That the Board of Supervisors of San Mateo County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Mid- peninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 5. The boundaries of the wards or subdivisions, for the purpose of electing Directors, shall be the same as those established by the Midpeninsula Regional Open Space District in its ordinance No. 76-1, adopted July 7 , 1976. 6. The Board of Directors further requests, pur- suant to Elections Code Section 22003, that the County Clerk, Registrar of Voters or other appro- priate County official be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County official (s) in assisting the clerks of special districts in the conduct of elections including, but not limited to, checking registrations, printing and mailing ballots, ballot arguments, candidates' statements, hiring election officers and arranging for polling places, and providing and distributing election supplies. 7 . The Clerk of the Midpeninsula Regional Open Space District is hereby authorized to hire the ser- vices of the appropriate officials of said County to aid in the conduct of said election as her provided, and the General Manager of the District is hereby authorized and directed to pay the cost of said services, provided that no payment shall be made for services which said County officials are otherwise required by law to perform. 8. The District Clerk is hereby directed to submit a certified copy of this resolution to the Board of Supervisors of the County of San Mateo, and to the appropriate County elections officials of said County. II I I I 1 REQUEST BY THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO THE COUNTY OF SAN MATEO TO RENDER SPECIFIED ELECTION SERVICES IN CONNECTION WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4 , 1980 This request is made by the Midpeninsula Regional Open Space District, hereinafter "District, " to the County of San Mateo, hereinafter "County" ; WHEREAS, on June 25, 1980, the Board of Directors of the District adopted its Resolution No. which calls for an election in the District for the election of one (1) member of the Board of Directors of the District in Ward 7 on Tuesday, November 4 , 1980; and WHEREAS, the Board of Directors resolved that said election be consolidated with the regularly scheduled general election to be held on November 4 , 1980; WHEREAS, on June 25, 1980, the Board of Directors of the District, pursuant to Elections Code Section 22003 , adopted its Resolution No. requesting the Board of Supervisors of San Mateo County to permit the County Clerk to render the services specified therein to the District and authorizing the District Clerk to hire the services of the San Mateo County Clerk to provide said services; and WHEREAS, Elections Code Section 22003 provides that the services shall be performed by the County Clerk subject to approval by the Board of Supervisors; and WHEREAS, Elections Code Section 22003 further pro- vides that the District shall reimburse the County in full for the services performed upon presentation of a bill to the District; and WHEREAS, it is necessary and desirable for the County to provide the services requested by the Midpeninsula Regional Open Space District in connection with the November 4 , 1980 general Election; NOW, THEREFORE, THE DISTRICT DOES HEREBY REQUEST as follows: 1. The Board of Supervisors of the County of San Mateo is hereby requested to permit the County Clerk of said County to render the services hereinafter specified relating to the conduct of the November 4 , 1980 District election to be held and consolidated with the regularly scheduled statewide general election on November 4 , 1980. 2. The election services requested by the District in connection with the holding and conducting of said election are more particularly set forth in Exhibit A attached hereto and incor- porated herein the same as though fully set forth at length. 3. The District shall remain responsible for all publications required by law in connection with the election and the filing of nomination papers and candidates' statements of qualifications. 4. The District shall reimburse the County of San Mateo in full for the services performed upon presentation of a bill to the District. DATED JEAN H. FIDDES DISTRICT CLERK i I EXHIBIT A SERVICES FURNISHED BY COUNTY CLERK IN CONNECTION WITH DISTRICT ELECTION ON NOVEMBER 4 , 1980 The County of San Mateo is herewith requested to render services incident to preparation for and conduct of the Midpeninsula Re- gional Open Space District election on November 4 , 1980, more particularly described as. follows : A. GENERAL SERVICES Within the territory included in the boundaries of the Midpeninsula Regional Open Space District, the election precincts, polling places, precinct election boards, and precinct indexes shall be the same as that established for the November 4, 1980 statewide general election. B. SPECIAL SERVICES Special services are requested to be rendered to incorporate the regular Midpeninsula Regional open Space District election into the election material and supplies described as follows: 1. Check the validity of signatures on nomination petitions submitted by candidates for Director of Ward 7; 2. Provide the labor and printing of candidates' statements of qualifications, including Spanish translations as requested; 3. Preparation of sample ballots, voting machine ballot labels and absentee ballots in English and Spanish as appropriate; 4. Preparation of precinct supplies; 5. Provide services required to ready voting machines; 6. Conduct voting machine instruction classes- 7. Inserting of District Director candidates' statements of qualifications; 8. Conduct of absentee voting; 9. Conduct of absentee canvass; 10. Conduct of semi-official canvass; 11. Conduct of official canvass and certification of results to District. C. SERVICES TO BE PERFORMED BY THE DISTRICT There will be specified election actions to be performed by the District which are as follows : 1. Legal Requirements : Performing all legal requirements including all publications designated by Code to agencies of the principal county; 2. Nomination Papers and Candidates Statements of Qualifica- tions; Perform all actions essential to the invitation to submit nomination papers and candidates statements of quali- fication. Said documents will be filed with the District Clerk, who will be responsible for transmitting documents to the County Clerk of San Mateo County for further election services immediately after the close of the nomination period. D. TERMS AND CONSIDERATION The conduct of the election remains the responsibility of the District. Performance of services hereinabove specified in Sections A & B are at all times considered to be under the direction of the District and the County of San Mateo shall assume no special authority or responsibility in the conduct of the election designated to the District under provisions of the Elections Code, the Federal Voting Rights Act or such other law governing the conduct of the election. Approval of this Services Agreement shall be contingent upon agreement on the part of the District to perform all election actions in conformance with applicable State law and the Federal Voting Rights Act; i.e. , publications and printing of voter mater- ials in Spanish as well as English. Consideration: In consideration of the performance of the afore- mentioned services. and supplies provided by the County Clerk, the District shall pay to the County Clerk a sum equal to the actual cost of such services. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING ELECTION AND REQUESTING CONSOLIDATION (SANTA CLARA COUNTY) WHEREAS, Public Resources Code Section 5530 requires that an election be held within the territory of the Midpeninsula Regional Open Space District at the time of the general election on November 4, 1980, for the election of two (2) Directors of the District, and WHEREAS, a general statewide election will be held within Santa Clara County on that date; NOW, THEREFORE, the Board of Directors of the Mid- peninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Section 5530, the Board of Directors of the Midpen- insula Regional Open Space District does call an election in the District for the election of two (2) members of the Board of Directors of the District in Wards 3 and 4 on Tuesday, November 4, 1980. 2. That said election be consolidated with the statewide general election to be held in Santa Clara County on said date. 3. That the election precincts, polling places, voting booths, and election officials in each of the precincts shall, to the extent practicable, be the same as provided for the statewide election on said date, as prescribed by the ordinance, order, resolution or notice of the Board of Supervisors of said County calling, providing for or giving notice of such other election and which sets forth such precincts, voting booths, polling places and election officials. 4. That the Board of Supervisors of Santa Clara County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space- District and is requested to certify the results of said election to the Board of Directors of the Dis- trict. 5. The boundaries of the wards or subdivisions, for the purpose of electing Directors, shall be the same as those established by the Santa Clara County Board of Supervisors for the election at which the District was formed in November, 1972. 6. The Board of Directors further requests, pur- suant to Elections Code Section 22003 , that the County Clerk, Registrar of Voters or other appropriate County official be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County official (s) in assisting the clerks of special districts in the conduct of elections including, but not limited to, checking registrations, printing and mailing ballots, ballot arguments, candidates' statements, hiring election officers and arranging for polling places, and providing and distributing election supplies. 7. The Clerk of the Midpeninsula Regional Open Space District is hereby authorized to hire the ser- vices of the appropriate officials of said County to aid in the conduct of said election as herein- above provided, and the. General Manager of the District is hereby authorized and directed to pay the cost of said services, provided that no pay- ment shall be made for services which said County officials are otherwise required by law to perform. 8. The District Clerk is hereby directed to submit a certified copy of this resolution to the Board of Supervisors of the County of Santa Clara, and to the appropriate County elections officials of said County. C-80-11 June 25, 1980 Meeting 80-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S ' # Amount - Name . Descri tion 1125 $ 594.64 Best Products Co. , Inc. Photography & Office Supplies 1126 7.43 Standard Brands Paint Co., Inc. Site Operation Maintenance 1127 64.32 B & H Equipment Co. Fguipment Rental & Field Supplies 1128' 219.23 Decor Office Furniture 1129 100.00 Valley Title Co. Preliminary Reports 1130 95.00 First American Title Guaranty Co. Preliminary Reports 1131 550.00 Foss and Associates Professional Services - May 1132. 190.10 Xerox Corporation Maintenance Agreement 1133 47.93 Pitney Bowes Postage Meter Rental 1134 434.60 Dyna-Med Field Supplies 1135 2.50 Hi-Lift Field Supplies 1136 86.92 Techni-Graphics, Inc. Printing 1137 2,500.00 Kurt L. Reitman & Assoc. Appraisal Services 1138 219.03 Harfst Associates, inc. Cuter Processing Billing 1139 222.46 Ed Jones Co. Ranger Badges 1140 8.40 Victor California Field Supplies 1141 750.00 Miracle Auto Painting District Vehicle Expense 1142 254.35 Dorn's Safety Service District Vehicle Expense 1143 254.48 Union Oil Co. District Vehicle Expense 1144 90.10 Re&nod Trade Bindery Site Brochures 1145 124,158.80 Frank Lee Crist, Sr. Land Purchase - Crist Property 1146 27,939.70 Frank Lee Crist, Jr. Land Purchase - Crist Property 1147 23,091.71 Margaret Crist Land Purchase - Crist Property 1148 18,208.97 Roger E.Crist and Dianne Crist Land Purchase - Crist Property 1149 51,085.82 Roger E. Crist Land Purchase - Crist Property 1150 373.41 First American Title Guaranty Co. Interest Payment - Fine Property 1151 300,000.00 Valley Title Co.. Land Purchase - Garrod 1152 267,187.50 Valley Title Co. Land Purchase - Maridon 1153 35,000.00 Valley Title Co. Land Purchase - Mindling 1154 185,625.00 Ina R. Dahl Property Payment Schedule i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 Distal Circle, Suite D--1 Los Altos, California 94022 - (415) 965-4717 June 18, 1980 East Palo Alto Municipal Council 2415 University Avenue _ East Palo Alto, CA Dear Chairperson Stamper and Members: of the Council: As you know, on June 3 the Board of Directors of the Midpeninsula. Regional Open Space District voted to accept assignment of the _ Westbay option from Jay Thorwaldson and to expend $50,000 to extend it until November 200 1980. This was done with the understanding that the Council would pass a resolution giving firm assurance that you do not expect this District -to be r involved in the development of a marina project. Our Board also took the action with the full expectation that { .the Leslie/Cargill parcel, in which we are vitally interested, will be offered to the� District for $300,000 or less, . and that- the District will work closely with the Municipal Council to accomplish this goal. On behalf of our Board of Directors, I respectfully request your passage of the resolution. We seek your help and look forward to working with you to expedite transfer of the Leslie/ I Cargill parcel to this District. * I Sincerely, Barbara Green President, Board of Directors BG:jc cc: Board of Directors i i MIDPENINSULA REGIONAL OPEN SPACE DISMC"r 375 DISTEL CIRCLE,SUITE D-1 LOS ALTOS,CALIFORNIA 94022 (415)965-4717 June 24, 1980 The Honorable Governor Edmund G. Brown, Jr. State Capitol Sacramento, CA 95814 Dear Governor Brown: Assembly Bill 3299, authored by Assemblyman Knox, is being sent to you from the Legislature. The bill is a housekeeping measure making technical changes and clarifications in the Public Resources Code sections which govern the operation of regional park and open space districts. An explanation of each change is attached. The bill is supported by all four such entities within the State. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I respectfully urge you to approve this legislation. Sincerely yours, 41d� 4t� Barbara Green President Board of Directors BG:jg enc. cc: John Knox MROSD Board of Directors East Bay Regional Park District Board of Directors Marin County Open Space District Board of Directors Monterey Peninsula Regional Park District Board of Directors Herbert A.Grench.General Manner Board of Directors:Katherine Duffy,Barbara Green.Nortette G.Hanko.Richard S 84hm Edward G.SheUey.Harry A.Turner.Daniel G WerwNf June 20, 1980 AB 3299 Explanation - Proposed Changes in Public Resources Code Sections Relating to Regional Park and Open Space Districts Listed below are the pertinent sections of the Public Re- sources Code with our proposed changes noted by crossing out certain existing language and adding new language in italics. In addition, the reasons for the proposed changes are given. 1. Sec. 5547 Minor change for consistency with Sec. 5535 Ordinances, resolutions, and motion. The board of directors shall act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. The ayes and noes shall be taken upon the passage of all ordinances or resolutions, and entered upon the journal of the proceedings of the board. An ordinance, resolution or motion shall not be passed or become effective without the affirmative votes of at least a majority of all the members of the board. The enacting clause of all ordinances passed by the board shall be in these words : "Be it ordained by the Board of Directors of the (giving the name) District. " All resolutions and ordinances shall be signed by the president of the board and attested by the secretary, administrative secretary or clerk, and all ordinances shall be published once within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the district. Reason: The addition of the indicated words would make this se tc ion consistent with Sec. 5535 and would allow an "admini- strative secretary" or a "clerk." to attest to resolutions and ordinances if given that duty under Sec. 5535, which reads: Board of directors : Organization: Meetings. The board of directors shall choose one of its members president, and another vice president, who shall act for the presi- dent during his absence or disability. The board of directors shall either choose one of its members to serve as secretary and another to serve as treasurer or shall employ one or more administrative secretaries or clerks to perform the duties of secretary or treasurer, or both. The board shall provide for the time and place of holding its meetings which shall be held at least once a month. All legislative sessions of the board, whether regular or special, shall be open to the public. A majority of the board constitutes a quorum Page two for the transaction of business. 2. Sec. 5549 Clarification of powers of General Manager to appoint employees Duties of district manager. The district manager has the following administrative and executive functions, powers, and duties. He shall : (a) See that the provisions of this article and all ordinances and regulations of the district are enforced. (b) Appoint subordinates, clerks, and other employees, and exercise £sxerelse supervision and control over all departments and offices of the district. such appointees shall hold employment at the pleasure of the General Manager, (c) Attend all meetings of the board unless excused by the board. (d) Submit to the board for adoption such measures, ordinances, and regulations as he deems necessary or expedient. (e) See that all terms and conditions imposed in favor of the district or its inhabitants in any contract are faithfully kept and performed, and call any violations to the attention of the board and to the police department. (f) Prepare and submit the annual budget to the board, and perform such other duties as may be imposed by this article or by the board. With the approval of the board, the district manager may bind the district, without advertising and without writ- ten consent, for the payment for supplies, labor, or other valuable consideration furnished to the district, in amounts not to exeeed three thousand fire hendred dollars 4437500} exceeding five thousand dollars ($5,000) . All purchases shall be reported to the board of directors at its next regular meeting. Reason: This additional language will make it clear that the exercise of supervision and control by the general manager in- cludes the appointment of all employees not directly appointed by the board and that such employees serve at the general manager' s pleasure. The parallel is to Sec. 5538 : Administrative officers " Professional services. The board shall appoint a general manager, who shall be the chief administrative officer of the district, and a controller, and may appoint other subordinate officers, and shall fix their compensation and duties. Such appointees shall hold office at the pleasure of the board. They shall give such bonds and in such amounts as the board may require. The board may consolidate any of such offices in one person. The board may also provide for an assistant to any officer of the district, who, when appointed by the board, may perform any act that his principal may perform, when author- ized to do so by the board. Page three The board may from time to time contract for or employ any professional services required by the district, or by the board, or by any officers of the district. The $3 ,500 amount is being changed to $5,000 because of inflation- ary changes since the $3,500 figure was enacted. 3. Sec. 5551 Changes for consistency with Sec. 5535 Secretary or administrative secretary: Powers and duties. The secretary of the board or t e administrative secre- tary, or the clerk, as the case may be, shall countersign and affix the seal to all contracts and conveyances on behalf of the district, shall act as secretary to the board and keep a record of its proceedings, and shall per- form such other duties as may be imposed upon him by the bearer of elireeters appointing authority or by this article. The administrative secretary shall give his full time during effiee hours to the affairs of the district. Reason: Consistent with Sec. 5535 the "clerk" should be included in 5551. "Appointing authority" is substituted for "board of directors" since the general manager may be the appointing author- ity for an administrative secretary or clerk. The last sentence appears to be unnecessary, since work assignments are under the control of the appointing authority. If the sentence were to stay, Yr then for consistency, the "clerk" should also be added. 4. Sec, 5552 Authorized signatory clarification Controller": Powers' 'and duties:, Signatories for checks or warrants. The Controller is the custodian of the funds of the district and shall make payments by check or by warrant drawn upon the district' s depositories for obli- gations that have been first approved by a majority of the board of directors at a meeting thereof. The board of directors also may, by resolution and under such terms and conditions it may prescribe there, authorize the controller to pay demands against the district, without the prior, specific approval of the board, that are for any purpose for which an expenditure has been previously authorized j in the district' s adopted budget and which do not exceed the amount of expenditure so authorized. Demands so paid shall be presented to the board of directors at the next regular meeting for its review and approval. If the funds of the district are maintained solely in the county treasury, the county auditor shall exercise the powers otherwise conferred by this section on the controller. The board of directors shall by ordinance authorize sig- natories for checks or warrants drawn in payment of obli- gations and demands against the district. Authorized signatories shall be selected from members of the board of directors of the district, the general manager of the district, and the . administrative secretary or other such officers or employees as may be designated by the board. Page four i I A minimum of two signatures shall be required on all checks and warrants. The controller shall keep an account of all receipts and disbursements, and shall deposit all money received by him in a depository or depositories selected by the board of directors. Reason: This change would make it clear that the board has the power to designate other signatories for the convenience of the district. In our case, for example, we wish to designate the assistant general manager. i i ,...,,, .a. M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM F - June 19, 1980 TO: Board and Staff FROM: S. Sessions, Land Manager, and C. Britton, Land Acquisition Manager SUBJECT: Property Acquisition: Addition to El Sereno Open Space Presery . 35 acres The District has acquired Lovell Property (name of property) as of May 9, 1980 (date) A map of the property is attached for your reference. NOTE: Escrow closed on the subject property on May 9, 1980, and possession passed to the District. Although I have never actually set foot on this parcel (I did see it from a distance) , I am not aware of any unusual features that require immediate attention. I will have our legal intern, Susan Bayerd, research the portion of overlook road as it passes through this property, to see- what obligations the District, may have to keep this road open. Would you please _advise me if it is desirable to .gate this road at the property boundary. v✓ 4r' Ati�. —.. • . , f kt r � rt::• ..yrt•.ti,i. !.a l — , ti II .•�` t -•� \r'.., �(( �• I�...1k-, g vNy � � \ •f�1# 1 � ��- C.. i ��, �J PO-� .r,r� ��' `•.�.��: ej r�jt 1. .f ��_ ,1 `lam}�'1��,\ �j }��-.�i y�/r_ \�,_� ;,�\rr \' � ( . �\ .r�,� i I� J�, ';5- � •�`�rj I ti // r -t �NC � -- J.JI M 4 J J ,/ 11•i SChAIN l� 1 .710 \�� 't�-_�.�fj'�- `t 11 �\ `�.." At i' e \ \`fl�iE ` ��. �•.Sri• •,tom •+ �- �. �1 1 r 11 :r \�"[` V ,il .-�� " i- r\� n\N• � �— '_�\� \ ��1-� \\-r�\ V\?1 - /r \+�,�g,,,�', ( /-- � ) �1 ,_G _ I°?j1 ?`,=._��Op \• ii`,�1� _/ti\\, �i {\'..1t\, �\/ �� `- \ //((SS(L- `\ SQ .)ul)�\'. 'a \J'�/i,' _ rr�(. FrnITIII li Saratoga ,I. 1 `• � , \\� `��\ \ � i� '. �J.I _, ��. � \ A. / - 9 R0. ' \ I} I f, r•.n rc�1+ ' �Monte ..`\ r �.,.� "v "i�Ir� -<� �\..-_ �.'. `��,, 1.�.> /ii \, � � t' -.s.novc.: Axnvanuw.� A n.-ssnw ru,•'n A•? ,,;�,` I: ,-`__- •'\ / �a Ap'" �)�� ,`-1400 :♦ , _� - �• 1 CJ�.�nee)r_. 2»ef51..5 ` I Af( pIEASANr <h q t`�, ?� \\-a _sa "j '�; ,_ �r ,♦. ..�� 1. +, ® ( f C h�- r , , �atos- c io) � o' •� I t•� .,. 1 1 `1 :i .. _ _ _ \ •�\ .i, .- ..dd✓ - r-'��) ♦ ., `-J r $ ^y pcfo• `- J 9 � LEX/NOTON RES. r :- t.+ _. a. � __�.._...... `. r� f • .0<" GUADALU r J _ { F5. R .,•e.•waw+.e..•.rr�._...•��• .� l/. �� r ,/% /� � WA TER R C.AREA REC.ARFA EXHIBIT A — SITE MAP (USGS) -� \ �• r.�rz J �- � ✓ ; 2 0 �J ••Redwood •Aldercrolt i Lakc-.;ide Holy city PROPOSED ADDITION EL SERENOoff OPEN SPACE PRESERVE ��'r`(_! •� .ncm.;n��: �r ,'laurel "k T 1 Ty Rervoi•3) �� )3 Glon+ood PV .�u "�r 'M :u .n•r,�� Y 1"=2000 ' NORTH -- r^�a ,r l �`/ Y(� B k /V J Tampico / !\" . . 5 /�•< a i // stFrL ry .n/ F wwr:ww: Mai � rt f V-: r..-n-rrm�rrs ti I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM? June 19, 1980 TO: Board and Staff FROM: S. Sessions, Land Manager, and C. Britton, Land Acquisition Manager SUBJECT: Property Acquisition: Addition to , Monte Bello Open Space Preserve - 10.724 acres The District has acquired Swanson Property 19S (name of property) as of March 31 Q� (date) A map of the property is attached for your reference. NOTE: Escrow on the 10..724 acre Swanson property closed on I-larch 31, 1980 and possession passed to the District. I have inspected this property and know of no unusual facts or conditions. I 0�11 ��' : `.Sic+\�4:, w_.��tb$-��:�`•,� � '\�y 'tii � 80C�F `��1'�� \�17 11f,� l rl� ',; _I� - - ��` 06 ly p� ! ;,t0 t f r a asp`` M\��j�_�V�`B`t 1 /_�`� C(•.r, �� .� �� '�� \�� 1`,�}i �1.1 �O Y" as as I \ t '''�_ ✓� _� ,� �l �i J>� ' -,C.�;1'�--'`--�� '-� n �" '� -LO S.•_tR'At�6�S�E�SB. Mt � ` �C y. _ ��`,.��-,,- ' '� o ! / ��`�••�—�°dam;B ' •+'t•ng. s � a `y„'// �__--�'� �� /`,� l - i � 7 q�\ 2377 � \ Cz 'MiridegPC UISIT1914� a-ISM .._� �'✓� �, � � ' / � � �"{•w•--�.`r.:�\`l'- > �� ,�'�--/ • Q �� / [ rp! RESER�I�, RCISIAN R-i PCa , _ - N ,'�� 1��"'ol 1 r �l.t Ra[+c l i; • '�`Oo0 1l1 �. ��-/�{ti' ��\ _ 14-9 kI It 1 �� +/.is. ;,\} 4 .\�1n, a 1 ��y\;)t\/��y'/r�r/C ► ✓` // E^'; MQ •, _fin, ._l�" :s•-J ,,�i ut � � :..�J h `/�'� '.��•,�� .A � S,`. � \l �-�`�i �Z iI `✓,S'i y'^Jf - _� .� - r. v j Fr tt: _----- VIE ., �ti '� �...-..vr 1 ', L0�•{f' rh 2 �i Porfold t' Rraror =• 4s Los - �' ��_/ _ i- s S O5 fX. ,'�i Vdi{0Y ? i9 •,► rR•f,�„. AIfOS a^' r [ -r,•r. ' \. `.,. `_1��•-.. •��, 'C .. -; _ t� �r / ] � Rlfos' Y mrR�•'a / '•" � `�� `- •'a� -��-f � L -\i _ � � , -' A � O l��.JJ Q HJIs. G51 = unn \ vale EXHIBIT A SITE I1AP (USGJ) At J 13 PROPOSED ADDI`T'In.IS �z TO _'10i1TE BELLO ' OPEN SPACE PRESERVF co,o. w. It -•T-s '••°w}mac. � `•frj. S Cr/0wr `� t .• 'r! r��j'�,p 2000 ' North D.��JMrt•..,!'.r_�.-_�-.. � .___..+4' sr.:R: pry. a �° ,� I6 f�0 �.), MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 19, 1980 TO: Board and Staff FROM: S. Sessions, Land Manager, and C. Britton, Land Acquisition Manager SUBJECT: Property Acquisition: Addition to • gussian R; qa zpen Spage Pr�..Seryc- 22_ 9 aCrt+s The District has acquired Fine Property (name of property) as of May 5 , 1980 (date) A map of the property is attached for your reference. NOTE: Escrow closed on the subject property on Monday, May 5, 1980. In accordance with the purchase contract, although the District has possession of this parcel, the owner will be actively cleaning up the premises (including removal of debris, used building materials, automobiles and .auto parts, shacks, sheds, etc. ) The owner has until May 31, 1980 to complete the clean- up. (For your information we have retained $20, 000 of the purchase price to insure that this work is completed. ) Would you please have the field staff patrol this property regularly to make sure the work is progressing.: I would appreciate a periodic report so I can keep on top of the clean-up operations. Also, the Rangers should make sure that the water system (and any other improvements that the District might use) remains with the property. I will make a final inspection before recommending that the impounded funds be released. _ � -_. , _ r j00aLer • � FHA + a'"I �„0.1 ��.��\ � / II 1 `_, •'o�•�J f� V6i::T /� '/,[' 6Q p f 4�v ti.7F�/i V S . 1 _ ?710 j- .; `. __:7t _ p dry/•J '�' '� _J-��1 + \ t.. �/�IV a � �-2 tic if�i '! �—v� t � '�J—� ;p' rv� Sorel HiII � ,� zs` ,.Q Fkp_pr v r /l 0^rwaTe () S,1 101y, - -Rl��._ ,,�� `��%��_ �-.�- `-�'„�•-� -� -J,=fir �- .y PEN SPE'EE PRESERVE` ✓ < RU 5.S 1.AN R i D ebS U'�J ` `/ �'• /i ! ` 1 �._, - �5. •�� "`\ ��w�..,/'�' V-r ram. (` c 2453i✓ J �A '`)f \\\ 1 - ..r/�y� ��-• I; 7 �•�r,-,l ) p�(• ,�``` b115' �•�=�1�r I,' �— e> -�, • �� - ' J�\� ✓ $\W,Ili �\ `•�1 � ,��,� �" �f to � '� .- �� -�r• l soo"��1�(;,•i^'�J. � � M its Nn - �� if 26 - -- f BO � aswE sad �G`. �1�� /�E,ryo n� 14r 1'r/� \II,�1�L„n` Or �� --`t,`-'.`�iri�. =.fir/_•\� `� .. - _}��t'V ------- 1n. 2 LL„ _ ` 4. 1� g�� POrt01d i mf s syf5 105 Valley VI L O, G �. 1 v L O S a, w Altos 2 \ : •tip .Pp 5 9 9y Altos ,y Ll ? ��--J�� a'? l�_ - urn >o v' 3 +•`go-. a ya;aes i.RX 7 4 =�� \\ r j!+' EXHIIII�P R. SI�L� ISAP (US .I.,..axr� fo /�`y - r 1 , ] e+ .9•X--tea,c^�r•;G'ryJ' 13 Permanente : 4 �N G PPOMSED ADDITIONS TO _MONTE BELLO �s,F,E.. ' — �\ OPEN SPACE PRESERVE t4 C4/rr�t)�Fly StEY NS'• 1 to ry_4 J..rc ; 4 CO PX i . 4 ��. .,.� 2000 ' T:Iorth o anaX ..Pd`+'_I�_ - _..•. \� ..-_�' snn '9ts... _�� _._� C- ,�- �1'/ "/ � M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM _Tun 9 1.98Q TO: Board and Staff FROM: S. Sessions, Land Manager, and C. Britton, Land Acquisition Manager SUBJECT: Property Acquisition: Addition to Russian Ridge Oven Space Preserve - 21 acres The District has acquired Williams Property (name of property) as of March 28, 19RO (date) a A map of the property is attached for your reference. NOTE: Several physical and title aspects of this property should be noted as follows: 1. The Mt. Melville parcel has a developed well which is capped, but should be checked for security. 2. The underground utility box on the Mt. Melville parcel serves the Schroeder parcel to the East, and when this other parcel develops, I assume there will be a tie-in that requires some excavation on our parcel. 3. The Langley Hill parcel has all of the improvements in- cluding the dome structure, garage, well, and items of miscellaneous material. Our agreement requires that trash and accumulated debris be removed by the owner, but I would assume that many items that create an attrac- tive nuisance will remain. 4. The dome structure is unfinished, the water connections from the well are above ground and various u n v ious other 9 aspects of these improvements will require securing of the property immediately after vacation by the current hold-over tenant. Z .• N * c i'`, r�if5$'�`i'"iitil*w'} ` • " cal f _ .._ "y C s =isitstK�a�+::•sE?rit1Y:':s.' i],d�:i7r:`�n::: Nv Rav Z�y cry athzr _ r la dj! REFUOE ea° Q 4 ao ••�� ';tu • °��- � ' '� r� ,�(!,I�'= ��moo\\- •y\ � 7 y'V' \� ! ` by ,� I... ti� ',''/ ' � j �,�_ :�M,: , •y / �- __ +�y : '�� .�,: �: = Palo"Alto Woo ds a ��r • � .wrY,o.r� Z s� 1�-1.7y 7 r r.rt� �'�� s^ Portola � �i % �i��.. '�._l\ ,�.�, �o\ ,t I '�� . � �t 's►r lnnJa 'Vail�w (M 4 lvili 1 0 1�� ,5\`-� a`nl • 0/11/v t l �` a 1 p 1 Y• 9 r..a no 13 la Honda j 4�a�.%=r � s J .�, t•- � llli �/"' �a � / Radio•, a � ( t- ` p� �� --`. O •If %- tt,� t 1\ nactRti" 2000 (( IT I Hill 60 ; ;�U\ %/�11,�1s-s_��\u t S�L�\ � o�� ;i i �/- '�� j ��\ ��/,��i a°u \ r• \ it � 1t° o 1 J l i 7 2- /epo — i . '�'�-�✓'`•-. `g a s:�-�, / /, ��it �� '7r / i �; ��---.��,t/Q � o � Ij � `�\�\ a \\`_�� `.� � '�. �, ' �J` �`�� '� " ` �✓^.y gyp'i ,;' 1_ - rt lam,/ y. EXHIBIT A — SITE MAP (USGS)26 1 J I ` RUSSIAN RIDGE OPEN SPACE PRESERVE Y: �l 1" 2000' North Mgt J 1 �..r,-�•lF •Z.vr;:i[::::__•::-w- :$�.•z_•..�-<!'er +• i'�'sY.••r•�4'}�x.a��trr.�as�:-r�.........:.... •- :......r:..... .........!r...iv?:�c.:'•.z.._.:._. _. __.-.� .-- -