HomeMy Public PortalAbout19800723 - Agendas Packet - Board of Directors (BOD) - 80-16 Meeting 80-16
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
Regular Meeting
Board of Directors
A G E N D A
July 23 , 1980 7 :30 P.M.
(7 : 30) ROLL CALL
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
OLD BUSINESS WITH ACTION REQUESTED
(7 :45) 1. Edgewood State College Site - Joint Acquisition
Project With the County of San Mateo - H. Grench
Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District
Approving and Authorizing Execution of a
Joint Powers Agreement for Purchase of Real
Property, Authorizing officer to Execute
Certificate of Acceptance of Grant of Park,
Recreation, Scenic, and open Space Easement
to District and Authorizing General Manager
to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the
Transaction (Edgewood State College Site)
PUBLIC HEARING
(8 : 00) 2. Proposed Addition to Thornewood (Gano Property)
and Exchange of Interests in Real Property -
H. Grench
Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District
Approving and Authorizing Acceptance of an
Agreement to Exchange Interests in Real
Property, Authorizing Officer to Execute a
Grant Deed Conveying District Lands, Author-
izing officer to Execute Certificate of
Acceptance of Grant of Real Property to
District and Authorizing General Manager to
Execute Any and All Other Documents Neces-
sary or Appropriate to Closing of the
Transaction (Thornewood/Gano Property)
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 80-16
Page Two
NEW BUSINESS WITH ACTION REQUESTED
(8 :30) 3. Progress Report on Use and Management of Planning
Area V (Monte Bello, Lang Ridge and Saratoga
Gap Open Space Preserves) - S. Sessions
(9 : 00) 4 . Procedural Amendments to the Land Use and Management
Planning Process - S. Sessions
(9 :15) INFORMATIONAL REPORTS
CLAIMS
EXECUTIVE SESSION - Land Negotiations and Personnel Matters
ADJOURNMENT
i
bC-80-13
July 23, 1980
Meeting 80-16
4 . .
Revised '
. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
rr Amount Name Description,
1251 $ 439.28 Xerox Maintenance Agreement-Junejand
Supplies
1252 32.00 Stanley Norton Duplicating, Phone, & Private
Vehicle Expenses - June
1253 103.20 San Mateo Times Notice of Election
1254 9.00 Management Learning Laboratories Subscription Renewal
1255 91.80 Peninsula Times Tribune Notice of Election
1256 3,000.00 Desmond Johnson Appraisal Services
1257 660.00 Rogers, Vizzard & Tallett Professional Services - June
1258 156.50 ZZZ Sanitation Portable Toilets-Los Trancos
1259 228.98 Drake Welding District Vehicle Expense
1260 124.98 Hubbard & Johnson Site Maintenance & Repair
1261 8.02 Action Photo Photos
12 26.27 Del Woods Private Vehicle Expense
1263 158.28 Uno Graphics Brochure Printing
1264 388.70 San Jose Mercury Notice of Election
1265 125.00 Jerome & Sheila Braun Rental Deposit Refund
1266 2,734.17 Union Bank Interest on Promissory Note
1267 10.50 Victor of California Field Supplies
1268 400.00 Mr. & Mrs. J. K. Kroijer Installment Payment,Fine Property
1269 24.29 Foster Bros. Security Systems Site Maintenance & Repair
1270 330.15 Olsten of Palo Alto
I Temporary Secretarial Service,
11271 482.66 Orchard Supply Hardware Site Maintenance & Repair
i1272 301.89 California Water Service Utilities
1273 25.00 Western Interpreters Assoc. Subscription
1274 423.72 Dorn's Safety Service District Vehicle Expense
1275 4,836.45 WTW, Inc. Site Engineering
1276 60.00 The San Mateo Times Subscription
1277 40.87 Dennis Danielson Improvements, Ranger Residence
1278 926.70 Title Insurance && Trust Title Insurance Premium
12 27.30 E. D. Bullard✓ First Aid Equipment
1280 141.02 The Dark Room Photos
s _ Claims
C-80-13
Revised - Page Two
# Amount Name Description
12 1.62 Pacific Telephone Phone
1282 27.75 Jennie George Printing, Private Vehicle Expense
1283 49.10 Communications Research Field Equipment
1284 550.00 Foss & Associates Professional Services - ,Tune
1285 59.64 F. W. Backus Co. Typewriter Rental
1286 10.95 Hawkins and Associates Book
1287 550.00 Robert Garcia Well & Pump Co. Site Maintenance & Repair
1288 9.48 Image Tech Filmwork
1289 235.98 Petty Cash Postage, Office Supplies,Meal
Conference, Private Vehicle Expen
Miscellaneous Expense.
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IITyyII1y11� 1�P6 l �/�000 WRITTEN COMMUNICATION
Meeting 80-16 i
July 23, 1980
July 9, 1980
San Carlos, CA .
Board of Directors
Midpeninsula Regional Open Space District
Los Altos, CA .
Dear sirs :
A!y wife and I live in the assessment district that
voted to tax ourselves to raise the $300,000.00 to
assist in acquiring the Hassler Health Home property
to be kept as open space.
We voted enthusiastically for this assessment and are
firmly OPPOSED to the use of the Hassler property or
any part thereon as a youth hostel.
We are in favor of the buildings on the property
being torn down and that the site be for day use
only .
lfiy wife and I would urge that the Board resist all
importunings by any and all groups to use the buildings
and a good start would be a rejection of the proposal
by the AYH.
Respectfully,
Richard M. Lynam
3375 B rittan Ave. #12
San Carlos, CA . 94070
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K v2 WRITTEN COMA'NICATION
Y Meeting 80-16
v July 23, 1980
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A SOUTH SKYLINE ASSOCIATION• 20225 Skyline Blvd., Woodside, Calif. 94062
R
D PEOPLE CONCERNED WITH THE BEAUTY AND THOUGHTFUL PLANNING OF THE SOUTH SKYLINE
July 12, 1980
Mrs. Barbara Green
Midpeninsula Regional Open Space District
375 Distel Circle, Ste. D-1
Los Altos, California 94022
Please find attached a copy of the October 22, 1979 resolution passed by the
Santa Clara County Board of Supervisors concerning parking along Skyline Blvd.
(Hwy. 35) . Caltrans has now completed their positing of both sides of the high-
way including the vista area at the Saratoga Gap (Hwy. 9 and Hwy. 35) .
Please inform your rangers that we now have proper posting and expect that en-
forcement of this no parking ordinance can now begin. Our organization has
also sent letters to Captain Timm of the Santa Clara County Sheriff' s Depart-
ment, Mr. Culbertson of the Santa Clara County Parks Dept. and to Herman Schlerf
of the State of California Parks Department in an effort to remind them that a
concentrated effort is needed to insure that this area is adequately patrolled
in order to discourage evening parties, illegal camp fires, drinking, vandalism,
loitering, etc. on public park lands, as well as private property.
I would appreciate your having this letter read at your monthly public meeting
and having appropriate action initiated.
Sinc%�,
Walter J. ch Jr.
WJS/lfp
PARKING RESOLUTION IdO .
P!rSCI,UTIOI� OF THE F.01%RD 0 ' SUPERVISO^Rt' OF THE COUNTY OF
SAIIITA CLARA DESIGN ATIN,3 NO PARKiI:G AREAS
BE 1T RESOLVED by the Board of Supervisors of the County of
Santa Clara that the following described portions of the hereinafter
mentioned public highways in the County are hereby declared to be
congested areas and designated as No Parking areas and subject to '
th,s prohibition set forth in Section B12-120 of the Santa Clara
Cou..ty O.--.,A 1 an%cc; Coda .
=' NAIXE OF STREET DESCRIPTION
r
akyline Boulevard (State Route . .35) Both sides from PM 15 . 03 to
PM, 15 . 41 _
Skyline Boulevard (State Route . 35) Bv, n s_ des from P .11 .25 to
Pm 14 . 1o . 9 pm to b m
. 1
PASSED AND ADOPTED by the Board of Superv:i sors of the Country y
of Santa Clara, State of California, this OCT 2 2 1979
j
by the following vote :
AYES: Supervisor) 7UNI3Ei,C:, Di^MON. WILSON �II'
0E,S: Supervisors
ABSENT:: Supervisors CORTE;,_-7
Chairperson, Board of Supervisors
r4iTEST: i n\;;,J M. ^.Ai::S , Cle:}:
_.Ga:�d of Suoew v(".:,ors
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R-80-45
(Meeting 80- 16
7/2-3/80
Agenda Item No.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
July 18 , 1930
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: C. Britton, Land Acquisition Manager
SUBJECT: Edgewood State College Site-Joint Acquisition
Project With the County of San Mateo
Background: The proposed acquisition of the Edgewood State
college site has been under discussion by the District' s
Board and staff for several years. Without reviewing the
entire history of this project, it should be noted that as
recently as September 26 , 1979 , the Board authorized all of
the additional District SB 174 funds (Roberti-Z 'Berg Urban
Open Space and Recreation Program) for the 1979/80 fiscal
year to be allocated to this project. Staff has now success-
fully completed negotiations with the State and the County
of San Mateo for the joint purchase of this property for a
County park and open space area.
Discussion: Attached is a proposed Joint Powers Agreement
that details the conditions and responsibilities under which
the County of San Mateo and the District would pur-
chase, maintain, develop, and operate this regional park
and preserve. Among other things , the conditions of the
Agreement include :
1) County to operate, develop and maintain entire site;
2) District to have advisory review and comment privileges
on all environmental documents and park development
plans,
3) Equal recognition and publicity for both District
and County;
4) Proportional sharing of costs of escrow;
5) Park, Recreation, Scenic and open Space Easement in
favor of District (also attached) ; and
6) Details of funding including grant reimbursement.
(The final net cost to District would be approxi-
mately $475 ,000 of the total $2 .335 million pur-
chase price. )
R-80-45 Page Two
If you approve this Joint Powers Agreement, which is recog-
nized by staffs as a fine compromise for all parties involved,
the next step would be County approval of the Joint Powers
Agreement and execution of the Purchase Agreement with the
State. Following the local agency ratification, the State
would formally consider the Purchase Agreement, and after
Public Works Board approval , the necessary documents would
be placed into escrow for closure. This entire process
could take several months, and staff would expect local
ownership in late September at the earliest.
Recommendation: It is recommended that the Board adopt the
accompanying Resolution of the Board of Directors of the
Midpeninsula Regional open Space District Approving and
Authorizing Execution of a Joint Powers Agreement for Purchase
of Real Property, Authorizing officer to Execute Certificate
of Acceptance of Grant of Park, Recreation, Scenic , and
Open Space Easement to District and Authorizing General
Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Edgewood State
College Site)
This complicated project, involving special State legislation
on two occasions, a federal Land and Water Conservation Fund
grant from special contingency funds , and a high level of
cooperation between the District and County, is nearing
completion. It will be an achievement for the benefit of
present and future residents of the area of which all parties
concerned can be proud,
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AND AUTHORIZING EXECUTION OF A
JOINT POWERS AGREEMENT FOR PURCHASE OF REAL
PROPERTY, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT OF PARK,
RECREATION, SCENIC, AND OPEN SPACE EASEMENT TO
DISTRICT AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY
OR APPROPRIATE TO CLOSING OF THE TRANSACTION
(EDGEWOOD STATE COLLEGE SITE)
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 approve and authorize
execution of the Joint Powers Agreement for the purchase of
real property between the County of San Mateo and the Midpeninsula
Regional Open Space District, a copy of which is attached hereto
and by reference made a part hereof, and authorizes the President
or other 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 the
deed granting a Park, Recreation, Scenic, and Open Space easement to
the Midpeninsula Regional Open Space District.
Section Three. The General Manager of the District shall cause
to be given appropriate notice of acceptance to County. 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 authorized
to expend up to $5 ,000 to cover the cost of title insurance, escrow
fees, and other miscellaneous costs related to this transaction.
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JOINT POWERS AGREEMENT
THIS AGREEMENT made this day of 1980, by and
between the Midpeninsula Regional Open. Space District, a
Public District, hereinafter referred to as "DISTRICT" , and
the County of San Mateo, a political subdivision of the
State of California, hereinafter referred to as "COUNTY" .
W I T N E S S E T H :
RECITALS:
A. DISTRICT and COUNTY are "public agencies" within the
meaning of Government Code Section 6502, and desire to enter into
a Joint Exercise of Powers Agreement pursuant to the provisions
c of California Government Code Section 6500 et seq. , for the
reasons and upon the basis hereinafter set forth.
B. COUNTY is entering into an agreement to purchase from
the State of California pursuant to Chapter 792, Statutes of 1978,
certain real property located partially within the City of Redwood
City, California, and partially within an unincorporated area of
San Mateo County, California, commonly known as the former Edgewood
State College Site, (hereinafter "Edgewood Site") ; consisting of
approximately 477 acres. A copy of the purchase agreement is
attached hereto, designated exhibit "A" and incorporated herein by
this reference.
C. Said acquisition is of mutual benefit to the parties
hereto and to the public in that said acquisition as implemented
by this agreement will serve to protect valuable public open
space and recreation lands in perpetuity.
D. The purpose of this Agreement is to provide for funding
to purchase the Edgewood Site for open space and recreation purposes
by DISTRICT and COUNTY, to establish the final vesting of title to
said property, and to designate the responsibility for the manage-
ment e-
ment and maintenance of the portion of said property devoted to
park, recreation and open space use as described in exhibit "B" as
attached hereto and incorporated herein by this reference (herein-
after, "Edgewood Park
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. Property. COUNTY and DISTRICT agree to participate jointly
in the purchase of the Edgewood Site, being legally described in the
attachment to said purchase agreement (exhibit "A") , on the terms
and subject to the conditions set forth in this Agreement.
2. Purchase Price. DISTRICT and COUNTY agree to contribute
toward the total purchase price of Two Million Three Hundred Thirty
Five Thousand and No/100 Dollars ($2,335,000.00) in the following
manner:
a. COUNTY shall contribute and deposit in escrow $1,385,000
together with all necessary documents for closure
within 10 days after notification from the State of
California that state is ready, willing and able to close
escrow in accordance with said purchase. agreement.
b. DISTRICT shall contribute and deposit in escrow
$950,000 together with all necessary documents for
closure within 10 days after notification from the
State of California that state is ready, willing
and able to close escrow in accordance with said
purchase agreement. ,
3. Grant Funds. It is understood that COUNTY anticipates
receiving a Federal financial assistance grant of Land and Water
Conservation Funds in the maximum amount of Nine Hundred Sixty Five
Thousand Two Hundred and No/100 Dollars ($965, 200) to reimburse the
parties for a portion of said purchase price. It is hereby agreed
that the net proceeds of said Grant after deduction of the state
surcharge shall be divided equally between COUNTY and DISTRICT.
(At the current state surcharge rate of 1.6% of the total project
amount, each party would receive a $467,400.00 reimbursement) .
COUNTY shall remit to DISTRICT Distict' s share within ten (10) days
of receipt of the net grant reimbursement from the Federal Goverment,
through the State of California.
It is further agreed that the total project area for said
Federal Land and Water Conservation Fund Grant shall be the Edgewood
Park portion of the property as described in said exhibit
4. Close of Escrow. It is agreed by the parties hereto that
escrow shall close on or before November 7, 1980, in accordance witl-I
Clause 2 hereinabove, through an account with First American Title
Company, San Mateo County Division, 555 Marshall Street, Redwood
City, California 94064, escrow No. T-270285-JBT.
5. Escrow Costs. Any and all title and escrow fees incurred
in this transaction shall be shared by COUNTY and DISTRICT in following
proportions:
a. COUNTY 59% of total cost
b. DISTRICT 41% of total cost
6. Title. Title to said property shall vest in COUNTY.
Concurrently withthe close of escrow, as abovementioned, COUNTY
shall convey to DISTRICT a recorded, Park, Recreation and Open
Space Easement upon, over and across the portion of Edgewood Park
and in the form as described in exhibit "C" as attached hereto and
incorporated herein by this reference, and DISTRICT agrees to
accept said easement. COUNTY shall furnish DISTRICT a duplicate
copy of the policy of Title Insurance and escrow closing statement.
7. Hold Harmless. It is agreed that COUNTY shall defend,
hold harmless and indemnify DISTRICT, its officers, agents and/or
employees from any and all claims for injuries to persons or damage
to property which arise out of the provisions of this agreement and
which result from negligent acts and/or omissions of COUNTY and its
officers, agents and/or employees.
It is further agreed that DISTRICT shall defend, hold harmless
and indemnify COUNTY, its officers, agents, and/or employees from
and and all claims for injuries to persons or damage to property
which arise out of the provisions of this agreement and which
result from negligent acts and/or omissions of DISTRICT and its
officers, agents and/or employees.
- In the event of the concurrent negligence of DISTRICT, its
officers, agents and/or employees and of COUNTY, its officers, agents,
and/or employees then the liability for any and all claims for
injuries or damage shall be apportioned according to the "California
Theory of Comparative Negligence" as presently in effect or as may
hereafter be modified.
8. Mana5ement and Review. COUNTY shall be responsible for all
planning, development and management functions for Edgewood Park
(exhibit "B" ) subject to the Park, Recreation and Open Space Easement
(exhibit "C") as abovementioned. DISTRICT shall have the right of
design review and comment privileges with respect to all park and
recreation development projects proposed for Edgewood Park prior to
final approval by COUNTY. DISTRICT shall also have review and comment
privileges on all environmental documents prior to acceptance and/or
approval by COUNTY, as provided for in the grant of said Park,
Recreation , Scenic and Open Space Easement:.
9. Sale as Surplus. It is understood and agreed that in the
event said property is surplus and sold by COUNTY, with the mutual
consent of DISTRICT as provided for in said Park, Recreation and
Open Space Easement, the proceeds of said sale shall be shared by
DISTRICT and COUNTY in the same percentages stipulated in Paragraph
8 above.
10. Income. It is understood and agreed that COUNTY shall
maintain, on a fiscal year basis, adequate accounting records of
income generated and expenses incurred in connection with the
management and operation of said Edgewood Park as described in
exhibit "B" . It is further agreed that any net income from the
use or development of said Edgewood Park (after subtracting
identifiable COUNTY costs of promoting, administering and managing
said areas of development) shall be shared in the following
proportions:
A. County 56%
B. District 44$
Said net income shall be computed separately for each fiscal
year and shall be paid by COUNTY to DISTRICT by August 31 following ,
the end of each fiscal year,
11. Publicity. COUNTY and DISTRICT shall share equal recog-
nition on all park or public facility signs, brochures and all other
public information about the site.
12. Amendments. This agreement may be amended in writing at
any time by mutual consent of the parties hereto.
13. The provisions hereof shall inure to the benefit of and
bind the successors and assigns of the parties hereto.
In witness whereof, the parties have hereunder subscribed
their names the day and year first above written.
COUNTY OF SAN MATEO MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
By: By:
Chairman, Board of Supervisors Barbara Green, President
Attest: Attest:
Clerk of the Board Clerk of the Board
i
AGREEMENT FOR THE SALE OF REAL PROPERTY
This Agreement entered into this day of , 1980,
by and between the State of California, hereinafter referred to as
"State," acting by and through its Director of General Services, and the
County of San Mateo, a political subdivision of the State of California,
hereinafter referred to as "County."
W I T N E S S E T H:
WHEREAS, pursuant to Chapter 792, Statutes of 1978, County
desires to acquire, and State desires to sell the fee to the approxi-
mately 477 acre parcel lying partially within the City of Redwood City,
California and partially within an unincorporated area of San Mateo
County, California, and commonly known as "the former Edgewood State
College Site," as described in Exhibit "A";
NOW, THEREFORE, it is mutually agreed by and between the parties
hereto as follows:
1. State agrees to sell and County agrees to purchase the
property described in Exhibit "A", as attached hereto and incorporated
herein by this reference. The purchase price shall be Two Million,
Three Hundred Thirty-Five Thousand and No/100 Dollars ($2,335,000.00) ,
payable at the close of escrow, subject to the terms and conditions of
Clause number 4 hereinbelow.
2. State will convey the property to County by grant deed after
approval and execution of this document, and upon payment by County of
said purchase price.
3. State will deposit the necessary documents and the County will
deposit the monetary consideration into the following escrow account for
processing the closing of the transaction:
First American Title Insurance Company
San Mateo County Division
555 Marshall Street
Redwood City, CA 94064
Escrow #T 270285-JPT
4. The subject property shall be conveyed subject to two
locations for mineral rights entry. The location of two one-half acre
sites for entry to mineral deposits below 200 feet shall be in locations
shown in red on map attached hereto as Exhibit "B". It is further
agreed that the escrow will be closed no later than November 7, 1980 and
that in the event it is not closed by this date, this agreement will
terminate without liability for either party. Escrow may be extended if
agreed in writing by both the State and County.
-1-
I
S. The subject property shall be conveyed subject to these title
Y 7
exceptions and reservations as may be acceptable to County. In the
event that acceptable title cannot be provided to County, this agreement
will terminate without liability for either party.
6. County shall pay all normal escrow costs and related expenses
incurred in this transaction. County shall pay any and all title insurance
fees, if required by County.
7. Any and all rents shall be prorated as of the close of escrow.
All rents collected by State applicable to any period thereafter shall
be paid to County. All security deposits shall be paid to County minus
rental and/or damages due to State. Either party hereto collecting
rents to which the other party is entitled shall forthwith pay such
amount to the other as is necessary to comply with the provisions of
this Clause. State hereby assigns all rental agreements to County as
of the date of passage of fee title to County.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
By
EDWARD R. MILLER
Chief Land Agent
k Real Estate Services Division
COUNTY OF SAN MATED
By
APPROVED:
STATE PUBLIC WORKS BOARD
By
THOMAS F. SHERMMAN
Administrative Secretary
RE-96 -2-
GRANT OF PARK, RECREATION, SCENIC
AND OPEN SPACE EASE14ENT
WHEREAS, the Midpeninsula Regional Open Space District, a
public district, hereinafter referred to as "DISTRICT" , and the
County of San Mateo, a political subdivision of the State of
California, hereinafter referred to as "COUNTY" have heretofore
entered into that certain Joint Powers Agreement dated
1980; and
WHEREAS, pursuant to which agreement, DISTRICT agreed to
participate in purchase costs and fees associated with the COUNTY
acquisition of a portion of the former Edgewood State college
site as described in Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, DISTRICT desires that said real property shall
forever remain as part of the Parks, Recreational, Ecological. and
Aesthetic Resources of the Midpeninsula area; and
WHEREAS, DISTRICT is organized to preserve and conserve
open space, scenic and natural lands for aesthetic, recreational and
ecological purposes and to conserve and protect the animal, bird
and plant populations thereon; and
WHEREAS, it is now the desire and intention of COUNTY and
DISTRICT, pursuant to said Joint Powers Agreement, that the lands
described in Exhibit "A" be made subject to an easement for Park,
Recreation, Scenic and Open Space purposes for the benefit of DISTRICT,
its successors and assigns.
NOW, THEREFORE, in consideration of the substantial payment
being made toward the purchase-of.--said property by the parties, the
public benefit to be derived therefrom, and in order to insure that
said property will be preserved in perpetuity, COUNTY hereby grants
to DISTRICT, and DISTRICT hereby accepts from COUNTY an easement upon,
on, over, under, and across that certain real property as described
in said Exhibit "A" for Parks, Recreation, Scenic and Open Space
purposes , as follows :
1. COUNTY shall manage and maintain the land, and provide
rules and regulations for its uses , in accordance with
acceptable practices of parks and recreation depart-
ments and agencies of the State of California.
2 . If the property described herein is sought to be
acquired, appropriated or condemned for another
public use by any public or quasi-public entity,
the presumptions contained in Section 1240. 680
of the Code of Civil Procedure and Section 5542 . 5
of the Public Resource Code shall apply and be
asserted.
Page Two
3 The restrictions hereby imposed upon the use of
the subject property and the acts which COUNTY
shall refrain from doing in connection with this
easement shall be as follows:
(a) No buildings, structures or other new improvements
shall be placed or constructed upon the subject
property without prior review by DISTRICT as
hereinafter provided. Any such buildings shall be
public service facilities installed for the benefit
of the subject property and consistent with the
intent and purpose of this agreement or public
service facilities installed pursuant to an
authorization by the Board of Supervisors of
COUNTY with the advice of DISTRICT pursuant to
Clauses 6 and Thereunder.
(b) No advertising signs of any kind or nature shall be
located on or within the subject property except
for identification purposes consistent with the public
use of said property for parks, recreation, scenic and
open space purposes.
(c) No vegetation shall be planted on the subject property
except for approved soil management, erosion control,
reforestation and planting of native California
vegetation, and normal landscaping and screening of
x park and recreation areas and public facilities in
connection therewith, consistent with the intent and
purpose of this instrument.
(d) The general topography and natural vegetation of the
subject property shall be maintained in its present
condition and no excavation or other topographic
changes shall be made except for specific park,
recreation and open space projects approved in the
manner provided for in Clauses 6 and 7 hereinbelow
and consistent with the intent and purpose of this
agreement.
(e) No use of the subject property which does or will
materially alter the natural landscape or open-
space character of the subject property shall be
made other than those specified herein.
(f) No trash, waste, or other unsightly or offensive
materials shall be deposited on the subject property,
Page Three
(g) There shall be no burning or cutting of trees
or plants (whether dead or alive) , spraying
with biocides, grazing domestic animals, or
disturbing or changing .the natural habitat in
any manner, except as a part of an approved
park and recreation development plan as here-
in provided or to control poison oak and/or
exotics.
(h) No public use other than parks, recreation,
scenic or open space uses as provided herein
shall be allowed on the subject property.
(i) There shall be no operating or permitting the
operation on the subject property of any motor
bike, trail bike, go-cart or other motor-driven
or motor-powered vehicles except those motor-
driven or powered vehicles reasonably necessary
for the use by COUNTY to use, develop, patrol
or maintain the subject property or by the public
to reach the recreational facilities provided or
in conjunction with public recreational activities,
such as golfing, but in accordance with the allowed
uses pursuant to the terms, conditions, restrictions
and covenants set forth for the subject property
herein.
r (j) COUNTY shall make every effort not to damage, destroy
or otherwise infringe upon the areas of the subject
property currently occupied .by colonies of rare and/or
endangered plant species except as part of an approved .
park and recreation development plan as provided
herein, which shall specifically address the ecologic
importance of such colonies. Said plant colonies
include, but are not limited to, the following:
1) Acanthomintha obovata variety duttonii :
(San Mateo Thornmint)
2) Fritillaria liliacea: (white Fritillary)
3) Chaetopappa bellidiflora: (white-Rayed Chaetoppapa)
4) Hesperolinum congestum: (Marin Dwarf Flax)
$) Brodiaea penduncularis: (Long Rayed Triteleia)
6) Brodiaea coronaria: (Harvest Brodiaea)
• . Page Four
(k) The development of said property for recreational
use shall not include any amusement or "theme
park" development or any use that would require
more than 5% of the total land area to be paved
or otherwise developed with impervious surface
(roads, parking lots, roofs, tennis courts,
swimming pools, or similar development) .
(1) There shall be no extraction of minerals or
native resources from the land, other than as
provided for in the deed to COUNTY from the
State of California.
(m) There shall not be constructed on the land any
residential, commercial or industrial structure
including, without limitation, any hotel, inn,
condominium or rental apartment project, except
for the following possible uses:
1. possible residential use in connection with
COUNTY maintenance and patrol of the subject
property, and
2. possible restaurant and clubhouse facilities
constructed in accordance with an approved
park and recreation development plan as
herein provided.
4. After consultation with DISTRICT and obtaining DISTRICT's
comments as hereinafter provided, COUNTY shall have the right
to maintain, use, construct, install, restore, and make any
and all improvements which may be necessary or useful or
incidental to the enjoyment by the public of parks,
recreation, open space, wildlife preservation, scenic,
scientific or educational purposes, which improvements may
include, by way of illustration, but not limitation, parks,
campgrounds, camp sites, picnic areas, bicycle trails,
bridle paths, scenic lookouts, golf courses and necessary
facilities incidental thereto, tennis courts, swimming pools
and necessary facilities incidental thereto, areas reserved
for the preservation of wildlife and plants, historical or
memorial monuments, roads, utilities, fences, cabins,
shelters, water supply and distribution facilities, sewage
treatment and disposal facilities, refuse collection
.facilities, museums and exhibit buildings . If DISTRICT
and the authorized representatives of COUNTY are unable
to agree within a reasonable time on the disposition of
any matter as to which they are required to consult and
comment as provided herein, such matter shall be referred
to the San riiateo County Board of Supervisors for determina-
tion, which determination shall be final and binding on
DISTRICT.
. Page Five
5. Any division or subdivision of the subject property,
or conveyance of a portion of or the whole of said property
shall be
possible consent f
only b mutual c n o the pa
rties ties
Y Y P
hereto.
6. DISTRICT shall have the right of design review as
herein defined with respect to any and all improvements
and/or development proposed to be constructed on the
property or modifications thereof. This right shall not
pertain to the maintenance or improvement of presently
existing structures on said property. Design Review is
intended to provide a process for review by the DISTRICT
of development in environmentally and ecologically
sensitive areas in order to assure that development will
be harmonious with other uses in the general vicinity,
will be compatible with environmental and ecological
objectives, and will conform to the terms, conditions and
restrictions of the easement as conveyed herein.
With regard to the development of the land, grading or
construction of any improvements on the property, an
application for design review shall be made to the
DISTRICT.
The application shall include a site plan showing the
location of all proposed buildings, structures, planted
or landscaped area, paved areas, proposed grading or
other development or improvements, and indicating the
proposed uses or activities on the site.
Within 30 days from the filing of the application with
DISTRICT, DISTRICT shall review the site plan and drawings ,
and shall make its recommendations based upon the following
objectives:
(1) To ensure construction and operation in a manner
that will be orderly, harmonious, and compatible
with existing or potential uses of adjoining or
nearby sites.
(2) To ensure that sound principles of environmental
design and ecological balance shall be observed.
(3) To ensure adherence to the terms, conditions and
purposes of the Parks, Recreation, Scenic, and
Open Space Easement granted herein.
The design review provided for herein is advisory only
and COUNTY shall consider, but shall be free to accept,
reject or modify the recommendations of DISTRICT.
Page Six
7. DISTRICT shall have the privilege of review and
comment with respect to any and all environmental
documents, assessments, declarations or reports,
having to do with the subject property. Environmental
document review is intended to provide a process for
review and comment by DISTRICT with respect to all actual
or potential negative effects on the environment as a
result of any action or development proposed by COUNTY,
and to assure that such documents, assessments, declara-
tions and reports have taken into account the environmental
and sociological objectives of DISTRICT, the citizens of
the Midpeninsula area, and the intent of this agreement.
All such documents shall be forwarded to DISTRICT by COUNTY
at least 30 days prior to acceptance or approval by the
San Mateo County Board of Supervisors. DISTRICT shall
review said documents and make recommendations and comments
based upon the objectives as set forth herein.
The review and comment privileges as provided herein
are advisory only, and COUNTY shall consider, but shall be
free to accept, reject or modify the recommendations of
DISTRICT.
8. It is further understood and agreed that this easement
and each and every term, condition, restriction and covenant
contained herein is made and intended for the benefit' of
DISTRICT, its successors and assigns, and that it constitutes
an enforceable restriction. This easement is expressly
intended by COUNTY and DISTRICT to run with the land
described in exhibit "A" , to constitute an equitable servitude
therein, and shall bind each and every successive owner of
said land, or of any interest therein, and shall be en-
forcable by DISTRICT, its successors and assigns.
In witness whereof, the parties hereto have executed
this easement agreement this day of ,
1980.
COUNTY OF SAN MATEO
By:
Chairman, Board of Supervisors
Attest:
Clerk of Board of Supervisors
M-80-52
(Meeting 80-16
ee July 23, 1980
Agenda Item No. 2)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
July 17 , 1980
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Proposed Addition to Thornewood (Gann Property) and
Exchange of Interests in Real Property
Discussion: Attached is a report R-30-43 , dated July 17 , 1980,
from the Land Acquisition Manager to me regarding the Proposed
Addition to Thornewood Property. That report recommends trade
of the Thornewood estate house and 3 . 5 acres of surrounding
land for two nearby parcels of land totalling about 25 acres.
That is being proposed is a plan which would preserve the
historic character of the house, allow some public access to
it, relieve the District of maintenance responsibilities, and
add significant woodland acreage with trail potential to the
District' s holdings.
On the other hand, the plan would have the following disadvantages :
(1) A permanent inholding would be created within an
open space preserve. The District has not pursued
advertising proposals for a lease arrangement similar to
the Levine restoration and lease of the Fremont Older
home which allows even more public tours and did not
transfer title to the property. The experience of the
District and other public agencies has shown that the
private-public conflicts associated with inholdings
can be quite problematic.
(2) The trade would preclude future expanded public use
of the house and grounds. Although the District' s funds
will apparently be in short supply in the next few years,
and the capital costs and management burden of such areas
must be minimized, the longer term picture could be brighter.
There seems to be potential for private fundraising and
management of historically significant areas such as this ,
given enough time to promote the idea. Also, District
funds for such uses might eventually increase. No study
has been made of acceptable public or quasi-public uses.
(3) Although the two parcels to be acquired serve as
important segments, it is by no means clear that the re-
mainder of the trail route is feasible to implement in
M-80-25 Page Two
itsentirety. Additionally, the trail route might be
implemented through acquisition of a narrower trail cor-
ridor through acquisition of fee title or an easement,
possibly during the development process.
Recommendation: I believe that is a very close question as
to whether to proceed or not with the proposed agreement. Cer-
tainly this complex proposal has been imaginatively worked out
with a very cooperative neighbor, Mr. Gano, and deserves your
most serious consideration. On balance, however, I think that
the negative arguments outweigh the positive ones, and I recom-
mend against proceeding.
If, nonetheless, you wish to proceed, then the list of actions
in the attached report would be appropriate to adopt.
R-80-43
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
July 17 , 1980
TO: H. Grench, General Manager
FROM: C. Britton, Land Acquisition Manager
SUBJECT: Proposed Addition to Thornewood (Gana Property) and Exchange
of Interests in Real Property
Introduction: The Midpeninsula Regional Open Space District has been
offered the opportunity to acquire approximately 25 acres of land
around and near Schilling Lake off La Honda Road in Woodside in
exchange for the Thornewood house and 3 . 5 acres of the surrounding
grounds. The offered land, which is in two parcels , would become
an addition to Thornewood and would be acquired at minimal cost
to the District beyond the house and lot exchange.
A. Description of the Exchange of Property.
The Thornewood Use and Management Plan (see report R-79-9,
adopted March 14, 1979) directed staff to explore creative
possibilities for restoration of the Thornewood House. When
this plan was adopted, staff anticipated seeking a lessor to
enter into an agreement similar to the one worked out for the
Fremont Older House. Under such an arrangement, the District
would have achieved restoration of the house, which would serve
as a private residence for a long period of time. When the
lease expired, the District would have to assume the burden of
management of the house.
Before staff had the opportunity to solicit lessor interest, a
neighbor of Thornewood, Mr. Thomas Gano, approached staff with a
proposal to purchase the house. Selling the house outright,
rather than leasing it, would allow the District to totally
transfer the management burden. The water system for the house
and life estate has required a great deal of staff attention.
(Even if the house were hooked up to the County water service,
the old water system would be retained for landscaping use. )
With the purchase of the house, Mr. Gano would also assume respon-
sibility of dealing with the life-estate tenant, which has also
required a significant amount of staff time. Beyond disposing
of the house, the proposed exchange offers the District the
opportunity to acquire two key parcels of open space land. The
parcels are located on the only possible trail route linking
Windy Hill and Portola Valley trails on the Hayfield subdivision
to Thornewood and Wunderlich County Park.
R-80-43 Page Two
Staff has made a thorough investigation of a trail corridor
through this area (all the way from Skyline to Woodside Road)
and this is the only feasible trail route. All other locations
are heavily developed and would cost the District and the public
a disproportionate share of the total Land Acquisition budget
over the next several years.
Although it is still difficult to guarantee completion of this
trail route, it is the only feasible location, and I am confident
that it can be accomplished over the next several years.
Mr. and Mrs. Thomas Gano would:
(1) Acquire the Thornewood house and auxiliary buildings and
3.5 acres of surrounding cultivated grounds. This area was
excluded from a Land and Water Conservation Fund project
in which the gift of Thornewood was included as matching
"funds" .
(2) Acquire a right-of-way and corresponding maintenance re-
sponsibilities on the entrance road to the house. The
District would contribute to the maintenance proportionate
to use for patrol purposes.
(3) Take over all maintenance and responsibility of the water
system, including the cost of hooking up to the Skyline
County Water District waterline if they so chose. They
would also be responsible for administering the agreement
with the life-estate tenant on the Thornewood property as
pertaining to shared water rights and road maintenance and
repair.
The District would acquire a 14 acre parcel continguous to
Thornewood and a non-contiguous 11 acre parcel (see attached map) .
B. Description of the Proposed Acquisition.
Both parcels contain a mixed redwood, oak, madrone, Douglas
fir forest and a portion of Dennis Martin Creek. The
moderately steep 14 acre parcel includes the one acre
Schilling Lake, which is a well-known party and swimming
spot. The 11 acre parcel is extremely steep and is bounded
to the north and south by Old La Honda Road.
C. Use and Management Recommendation.
(1) The property should be open to those who gain access
from the existing portion of Thornewood, Old La Honda
Road, or adjacent private property with the permission
of the property owners.
(2) To mitigate liability associated with the lake, it is
District Counsel ' s opinion that "no swimming signs"
should be posted. A water analysis should be performed,
and if the lake water is polluted, then warning of hazards
associated with the polluted water should also be Posted.
R-80-43 Page Three
(3) The dirt road which enters the 14 acre Lot B should
be gated at the property boundary to restrict motor
vehicle use.
D. Dedication.
The 14 acre Lot B should be dedicated as open space land,
but the 11 acre Lot 10 should be withheld from dedication
since it is isolated from the existing portion of Thornewood
and so as to allow for the possibility of transfer of
property rights such as density transfer, or a sale of a
portion of the property to secure additional trail rights
in this area.
Dedicated land can be exchanged by a unanimous vote of the
Board, but only to a maximum of 10 acres per year. Other-
wise a vote of the electorate is required to dispose of
dedicated open space lands.
E. Name.
It is recommended that these parcels become an addition to
Thornewood.
F. Terms.
The attached agreement outlines the conditions for this
proposed exchange. The values represented in the agreement
are as follows :
1) Thornewood house and grounds (taking into account the
restrictions on use and rehabilitation, and the current
condition of the improvements) , $382 ,000 .
2) Value of the 14-acre Schilling Lake parcel as a building
site, $225,000.
3) Value of the 11-acre parcel Lot 10 as a building site,
$190, 000.
Based on these values, which are in accordance with the District
appraisal, the consideration for this exchange would be:
District trades District receives
1) Thornewood house and lot $382,000
2) Schilling Lake parcel $225, 000
3) 11 acre Lot 10 - Gano' s $ 47, 500
proceeds from this sale
are 25% of the purchase
price
Deed of Trust for 5 years
at 122% in favor of District $109 ,500
$382 , 000 $382 ,000
R-80-43 Page Four
The agreement also would require the District to pay for
a survey of the Thornewood property, and that is expected
to cost approximately $5,000. A Deed of Trust, which
would be held by the District, would be fully due and
payable within 5 years or earlier, if and when the District
was successful in acquiring Lots 11 and 12 (adjacent to
Lot 10) .
In addition to the exchange, which includes provisions for
assurances of legal building sites, to the survey of the
Thornewood parcel, to the assumption by the Ganos of the
stipulated settlement with Francois Richard as it applies
to the house and access road and hold-harmless for the effect
of the will of Mrs. Thorne, the Ganos have agreed to the
following restrictions which would govern the use, occupancy,
maintenance, and restoration of the Thornewood house:
1) exterior facade easement
2) occupancy by only one family
3) major landscaping revisions subject to design review
by the District
4) District to have right of first refusal should the
property ever be sold
5) provisions for annual public tours after three years
6) special insurance provisions for the house
7) provisions for upkeep and maintenance
8) preservation of the barbecue area with Sierra Club
plaque for Mrs. Thorne
Recommendation: It is recommended that you ask the Board to
adopt the proposed Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District Approving and
Authorizing Acceptance of an Agreement to Exchange Interests
in Real Property, Authorizing Officer to Execute a Grant
Deed Conveying District Lands , Authorizing officer to Execute
Certificate of Acceptance of Grant of Real Property to District
and Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the Trans-
action (Thornewood/Gano Property)
It is also recommended that you ask the Board to authorize the
expenditure of up to $5,000 for the survey of the Thornewood
parcel , to adopt the use and management recommendations, dedi-
cate the 14 acre Lot B, to allow the 11 acre Lot 10 to remain
undedicated in a planning reserve status , and to approve the
naming of the property "Thornewood" .
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AND AUTHORIZING ACCEPTANCE OF AN
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY,
AUTHORIZING OFFICER TO EXECUTE A GRANT DEED
CONVEYING DISTRICT LANDS, AUTHORIZING OFFICER
TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT
OF REAL PROPERTY TO DISTRICT AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING
OF THE TRANSACTION (THORNEWOOD /GANG PROPERTY)
i
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 agreement to exchange interests in
real property between Thomas M. Gano, et ux and the Midpeninsula
Regional Open Space District dated July 18, 1980 , a copy of which !
is attached hereto and by reference made a part hereof, and
authorizes the President or other 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 with
respect to the document (s) conveying title or other interest in
real property to the Midpeninsula Regional Open Space District.
Section Three. The President of the Board or other appropriate
officer is authorized to execute the deed granting real property
and interests therein to Thomas M. Gano, et ux.
Section Four. The General Manager of the District shall
cause to be given appropriate notice of acceptance to Gano. 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.
Section Six. The Board, pursuant to Section 5540. 5 of the
Public Resources Code, determines the real property and other
consideration involved in this exchange to be of equal value and
that the property being acquired is necessary for park or open
space, or both, purposes.
Section Seven. The Board of Directors finds that the granting
of this real property and interests therein is in accordance with
the Basic Policy of the District and is not detrimental to the
open space character of the Thornewood property.
AGREEMENT TO EXCHANGE INTERESTS
IN REAL PROPERTY
THIS AGREEMENT is made and entered into this day
of ,1980 by and between THOMAS M. GANO
and CLAUDIA J. GANO, his wife, hereinafter referred to as
"GANO" , and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
hereinafter referred to as "DISTRICT
WHEREAS, DISTRICT is the owner of San Mateo County
Assessor' s parcel nos. 075-052-010, 075-123-040, 075-140-
020 and 075-140-050, which, together with the portion thereof
described as "Exception E" , and an appurtenant road easement
30 feet in width for purposes of ingress and egress over
those parcels identified as San Mateo County Assessor's
parcel nos. 75-123-040 and 75-052-010(hereinafter referred to
as "ROAD EASEMENT" ) , are shown and identified on Exhibit"A"
as attached hereto and incorporated herein by this reference;
all hereinafter referred to as "DISTRICT LANDS" ; and
WHEREAS, some of the buildings and improvements on
the Exception "E" portion of DISTRICT LANDS have historical,
architectural and cultural significance and GANO desires to
acquire, rehabilitate and preserve the main structure and
surrounding environs; and
I WHEREAS, GANO is the owner of a portion of San Mateo
County Assessor' s parcel no. 075-140-040, also designated
"Lot B" , shown and identified on Exhibit "B" as attached
hereto and incorporated herein by this reference; and
described in Exhibit "C" as attached hereto and incorporated
herein by this reference; and
WHEREAS, GANO is also the owner of a portion of San
Mateo County Assessor' s parcel no. 075-151-010, also
designated "Lot 10" as shown and identified on said Exhibit
"B" , and described in said Exhibit "C" ; and
WHERAS, GANO also has a beneficial and proprietary
interest in the remaining portion of said San Mateo County
Assessor' s parcel no. 075-151-01, also designated as "Lots
11 and 12" as shown and identified on said Exhibit "B; and
WHEREAS, it is the desire of DISTRICT and GANG that the
"Exception E", portion of DISTRICT LANDS together with
the ROAD EASEMENT be exchanged for said lands of GANO desig-
nated as "Lot B" and "Lot 10" as above described, upon the
terms and conditions as hereinafter set forth.
NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED
AS FOLLOWS:
1. Property Interests to be Conveyed by DISTRICT. The
following interests in real property are to be conveyed to
GANO by DISTRICT, subject to the terms and conditions of a
restriction agreement as referenced in Clause 11 herein:
A. DISTRICT agrees to grant and convey to GANO, and .
GANO agrees to accept from DISTRICT, the"Exception
Ell portion of DISTRICT LANDS outlined in blue on
said Exhibit A, containing 3. 26 acres, more or
less, subject to a survey as provided in Clause 6
hereinbelow, together with any and all improvements
thereon.
B. DISTRICT further agrees to grant and convey to
GANO, and GANO agrees to accept from DISTRICT, as
a recorded appurtenance to said "Exception E" ,
said ROAD EASEMENT 30 feet in width for ingress
and egress over the existing road as depicted in
yellow on said Exhibit A.
2. Property Interests to be Conveyed by GANO. GANO
agrees to grant and convey to DISTRICT, and DISTRICT agrees
to accept from GANO, in exchange for the interests enumerated
in Clause 1 above, and other considerations as provided herein-
below, the following parcels of real property:
A. That portion of San Mateo County Assessor' s parcel no.
075-140-040 designated "Lot B" , as shown on said
Exhibit B, consisting of some 14 . 007 acres, more or
less, and described as Parcel One in said Exhibit C ,
and
B. That portion of San Mateo County Assessor' s parcel
no. 75-151-010, designated "Lot 10" as shown on
said Exhibit B, consisting of some 10. 696 acres,
more or less, and described as Parcel Two in said
Exhibit C.
3. Consideration. by GANO. As part of the consideration for
the conveyance of the afo-r-e-s-Ti"a lands of DISTRICT to GANO,
DISTRICT agrees to accept from GANO a promissory note in the
amount of $109, 500, with interest at the rate of 12 1/2% per
annum, secured by a First Deed of Trust on said lands being
conveyed to GANO by DISTRICT. Said promissory note shall be
payable in the following manner:
a. Payments of interest only in the amount of $1, 140.63
per month shall be due and payable on the first day
of each month following the close of escrow in
accordance with the terms and conditions herein;
provided, however, that the first month' s payment
of interest shall be prorated from the date of
close of escrow.
2 of 6
b. The principal sum of said note in the amount of
$109,500 shall be fully due and payable at the
end of five (5) years from the date of close of
escrow, as provided hereinbelow, unless DISTRICT
acquires either said Lot 11 or said Lot 12, or
both, as provided below:
1. In the event DISTRICT acquires all of the portion
of said San Mateo County Assessor' s parcel number
75-151-010, designated and shown as Lots 11 and
12 on said Exhibit "B" , the principal sum of said
note shall become fully due and payable at the
close of escrow for said parcels.
2. In the event DISTRICT acquires only one of said
Lots 11 or 12, the net proceeds due GANO for his
interest therein for such acquisition shall at the
close of escrow be applied against the principle
amount, and the interest payments shall be reduced
accordingly. If and when the DISTRICT acquires the
remaining lot, the whole of the remaining balance of
the principle amount of said note shall thereupon
P a
become due and payable a able if riot to the lapse
se of
5 years as provided in Clause 3b hereinabove.
4. Consideration by DISTRICT. As a part of the
consideration the conveyance of the aforesaid lands
of GANO to DISTRICT, DISTRICT shall pay the sum of One
r Hundred Forty Two Thousand Five Hundred and No/100 Dollars
($142,500. 00) for the remaining interests in said Lot 10
as provided in Clause 6b hereinbelow. Said sum shall be
deposited into escrow by DISTRICT for disbursement at such
time as escrow is closed and title to said lands of GANG
are conveyed to DISTRICT.
5. Title and Possession. Title and possession of the
subject real properties and the interests therein shall be
conveyed and exchanged at the close of escrow, free and
clear of all liens, encumbrances, easements , assessments,
leases, recorded or unrecorded, restrictions, rights, covenants,
and conditions or record except:
a. Any and all 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. Easements or rights of way, if any, in, over, under
or across said lands for utility, street, or access
purposes.
c. Any and all interests that may be excepted, reserved,
or retained in conveying the interests as provided
herein.
d. Such covenants, conditions, restrictions, and
reservations as may be deemed acceptable by
DISTRICT and GANG.
3 of 6
i
6. Cond: )ns. As conditions precE it, but not as
covenants, the conclusion of this agreement and close of escrow
as provided herein shall be contingent upon the following:
a. GANO shall obtain from the Town of Woodside,
to the satisfaction of DISTRICT, verification
as to the sufficiency and legality of the lots
conveyed by GANO, whether by means of a Certificate
of Compliance as provided for in Government Code
Section 66499. 34 or by other appropriate means, and
b. GANO shall assure clean and unemcumbered title to
said "Lot 10", by means of quitclaim deeds and
release of deeds of trust executed by all parties
named in that certain "Judgment by Stipulation for
Partition and Division of Land by Common Owners"
filed on August 22, 1979 in action no. 228057,
entitled "Thomas M. Gano, et al Plantiff vs.
Siavosh Marc Zand, Defendant" , pending in the
Superior Court of California for San Mateo County
or by other appropriate means.
C. DISTRICT shall survey, as provided for in Clause
7 herein, and obtain verification from the Town
of Woodside as to sufficiency and legality of the
site being conveyed by DISTRICT, whether by means
of a Certificate of Compliance as provided for in
Government Code Section 66499. 34 or by other appro-
priate means.
7. Survey. GANO and DISTRICT understand that a legal
survey of the property being conveyed by DISTRICT will be
required, and DISTRICT agrees to make provision for such
survey and to pay the cost of same. It is further mutually
understood and agreed that the map attached hereto and desig-
nated as Exhibit "A" shall be an acceptable representation of
the interests to be transferred by DISTRICT, as provided in
Clause 1 above, until such time as a survey shall be completed
and recorded. The recorded survey will then merge with and
be incorporated into this agreement, superceding and replacing
the description of "Exception E" on said Exhibit "A" and de-
scribed as the portion of DISTRICT LANDS to be exchanged and
conveyed to GANO by Grant Deed.
8. Costs. GANO and DISTRICT shall divide and share
equally all escrow, recording and customary title insurance
charges incurred in this transaction. GANO 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 of the interests being conveyed
by GANO for his legal fees.
9. Commissions. There shall be no real estate agent' s
commission or related costs or fees incurred or paid by either
party hereto, in connection with this transaction.
4 of 6
10. Leases or Occupancy of Premises. GANO warrants that
there are no oral or written leases or rental agreements
affecting all or any portion of the property being conveyed
to DISTRICT or any person lawfully occupying the property and
GANO 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. )
11. Restriction Agreement. DISTRICT shall retain and
GA140 agrees to be bound by all of the terms and conditions of
a Restriction Agreement with Covenants, in the form attached
hereto and designated Exhibit "D" and by this reference in-
corporated herein; which restriction agreement shall remain
as a recorded encumbrance on the title held by GANO to the
interests being conveyed by DISTRICT herein.
12. Improvements As Is. It is understood and agreed
that DISTRICT transfers and GANO accepts all the improvements
located on, over or under the property and interests therein
being conveyed by DISTRICT, as described in Clause 1 herein,
in "as is" condition, and that DISTRICT makes no representations
or warranties with respect to the condition of said improvements,
and GANO agrees that DISTRICT shall have no obligation to repair,
replace or alter any of said improvements.
13. Effect of Court Judgment. GANO agrees to assume,
abide by and be bound by the terms and conditions outlined in
the unrecorded "Judgment Upon Stipulation" filed in the Superior
Court of San Mateo County, case number 195,425, Francois
Richard, et al v. The Sierra Club Foundation, et al, a copy
of which is attached hereto as Exhibit "E" and by this
reference incorporated herein.
14. Effect of the Will of Edna B. Thorne. DISTRICT and
GANO mutually understand and agree that in the event of any
legal action affecting the subject transaction arising out
of provisions contained in the Will of Edna B. Thorne, noted
in Probate No. 193,099 filed in Superior Court of San Mateo
County and recorded in Book 6505 of official Records of San
Mateo County at page 246, DISTRICT will respond to and
defend any such legal action against GANO and/or DISTRICT,
and hold GANO free and harmless and reimburse GANG for any
and all costs, liability, loss or expenses including costs
for legal services occasioned by reason of any such action.
15. Acceptance and Term of Escrow. DISTRICT shall have
twenty (20) days from and after the execution hereof by GANO
to accept and execute this agreement, and during said period
this agreement shall constitute an irrevocable offer by GANO
to enter into a contract with DISTRICT on the terms and
5 Of 6
conditions set forth herein; in consideration of which
DISTRICT has paid and GANO acknowledges receipt of the
sum of ten and no/100 dollars ($10. 00) . This .transaction
shall close within twenty (20) days after the conditions and
provisions as set forth in paragraph 6 herein are met and
completed. This transaction shall be completed through
Escrow T269733-JPT conducted by First American Title
Insurance Company, 555 Marshall Street, Redwood City,
California, 94064 .
16. The provisions hereof shall inure to the benefit of
and bind the respective successors, heirs, and assigns of
the parties hereto.
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT GA140
APPROVED AS TO FORM:
By:
Thomas M. Gano
Stanley Norton, District Counsel
RECOMMENDED FOR APPROVAL: By:Claudia J. Gana
L. Craig Britton Dated.
Land Acquisition Manager
APPROVED AND ACCEPTED:
Barbara Green, President
Board of Directors
Dated:
ATTEST:
District Clerk
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EXHIBIT
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The land herein referred to is situated in the State
of California, County of San Mateo, Town of Woodside,
and is described as follows:
PARCEL ONE:
Lot lettered "B" as shown on that certain map entitled
"Map of Portola Hills, San Mateo County, California" filed
in the office of the County Recorder of San Mateo County,
State of California on June 28, 1910 in Book 7 of Maps at
page 20.
PARCEL TWO:
Lot numbered "10" as shown on that certain map entitled
"Map of Portola Hills, San Mateo County, California" filed
in the office of the County Recorder of San Mateo County,
State of California on June 28, 1910 in Book 7 of Maps at
page 20.
6
4
Page l of.'"'"'j ""
RESTRICTION AGREEMENT WITH COVENANTS
WHEREAS, THE MIDPENINSULA REGION-AL OPEN SPACE DISTRICT,
a public district, hereinafter referred to as "DISTRICT" and .
THOMAS M. GANO and CLAUDIA J. GANO, his wife, hereinafter
referred to as "GANO" , have heretofore entered into that
certain Agreement to Exchange Interests in Real Property
dated 1980. and
WHEREAS, pursuant to which Agreement, GANO agrees to
exchange the property described as parcel one and parcel two
in Exhibit "A" as attached hereto and incorporated herein by
this reference, to DISTRICT; and DISTRICT agrees to exchange
a portion of DISTRICT lands as described in Exhibit "B" as
attached hereto and incorporated herein by this reference; and
WHEREAS, DISTRICT is also the owner of remaining lands which
surround the lands being exchanged to GANO by DISTRICT (Exhibit
"B") , said remaining lands are described as parcel three in
said Exhibit "A"; and
WHEREAS, some of the buildings and improvements on said
lands being exchanged by DISTRICT (Exhibit "B") have historical,
architectural and cultural significance and GANO desires to re-
habilitate, restore, and preserve the main structure and surround-
ing environs; and
WHEREAS, GANO agrees to restrict said lands as described
in Exhibit "B" , as to historical facade, occupancy, subdivision,
and rehabilitation; and
WHEREAS, GANO further agrees to allow DISTRICT to have
the first opportunity to purchase the property described in
Exhibit "B" for the benefit of DISTRICT and the land described
in Exhibit "A" should GANO, ever decide to sell or convey the
lands described in Exhibit "B" ; and
WHEREAS, it is now the desire and intention of DISTRICT
and GANO that the lands described in Exhibit "B" be made subject
to certain limitations, restrictions and covenants for the
benefit of DISTRICT, its successors and assigns and the land
described in Exhibit "A" .
NOW, THEREFORE, in consideration of the exchange being
made to GANO, the public benefit to be derived therefrom, and
in order to assure that GANO' s land, as conveyed by DISTRICT
(Exhibit "B") will be restored, rehabilitated, and maintained
in a manner compatible with DISTRICT' s operation and maintenance
of DISTRICT lands (Exhibit "A" ) as park and open space land,
it is hereby agreed as follows:
EXHIBIT
Page of
1. FACADE EASEMENT. It is hereby mutually understood and
agreed that With regard to the Thornewood House, (hereinafter
called "HOUSE" ) as shown on Exhibit "C" as attached hereto and
by this reference incorporated herein, as well as with regard to
existing outbuildings on the parcel (hereinafter called "OUT-
BUILDINGS")as shown on said Exhibit "C", DISTRICT shall hold
and GANO shall be bound by a restrictive easement by means of which
DISTRICT shall retain control of. building facades. The facade
easement shall pertain only to the northerly and easterly exterior
walls of said HOUSE as outlined in red in said Exhibit "C" , and
the remaining perimeter facade of said buildings shall be exempt
from this facade easement. The facade easement as granted herein
shall include, but not be limited to, the following restrictions:
(a) GANO shall not, without the prior written approval
of DISTRICT, undertake or permit, directly or in-
directly, any destruction, construction, alteration,
remodeling, or painting, or do or permit directly
or indirectly any other thing which would materially
change the exterior appearance, including the roof,
or public view of said HOUSE and OUTBUILDINGS subject
to this facade easement as it existed on the signing
of this document. DISTRICT's consent shall not be
withheld unreasonably.
(b) GANO at all times shall maintain the property in a
safe, good and sound state of repair and shall take
all reasonable action to minimize deterioration of
its exterior appearance subsequent to rehabilitation.'
(c) Removal or restoration of any or all of said outbuild-
ings shall be subject to the requirements and ordinances
of the Town of Woodside; however, if the buildings are
retained it is with the understanding they shall be
subject to design review as hereinafter provided, in
favor of DISTRICT.
2. DESIGN REVIEW. DISTRICT shall have the right of design
review as herein defined with respect to any and all improvements
proposed to be constructed on the property described in Exhibit
"B", any exterior restoration, rehabilitation, or renovation,
and any changes, rehabilitation, or relandscaping, including
location and design of a swimming pool, as it affects the
grounds around said HOUSE and OUTBUILDINGS. This right shall
not pertain to items that are minor in nature or simply main-
tenance items to keep the premises in good order and repair
Design review is intended to provide a process for
reasonable review by the DISTRICT of development in environment-
ally and ecologically sensitive areas in order to assure that
development will be harmonious with other uses in the general
vicinity and that any restoration activities are compatible with
2 of 7
EXHIBIT
Page -2- of. [ ,9
the historical, architectural and cultural heritage of the
property and improvements with regard to construction or
alteration of any improvements on the property described in
Exhibit "C" and prior to the making of any such improvements
or changes, an application for design review shall be made
to the DISTRICT.
The application shall include the following:
(a) A site plan showing the location of all proposed
buildings, structures, planted or landscaped areas,
paved areas, and other improvements, and indicating
the proposed uses or activities on the site.
(b) Drawings or sketches showing the elevations of all
proposed buildings, sufficiently dimensioned to
indicate the general scale, height, and bulk of
such buildings.
(c) Drawings or sketches showing all proposed additions
to existing buildings and plans for removalf restora-
tion or rehabilitation of said existing buildings.
Within 30 days from the filing of the application with
the DISTRICT, DISTRICT shall review the site plan and drawings,
and shall make its recommendations based upon the following
objectives:
(a) To ensure construction and operation in a manner
that will be orderly, harmonious, and compatible
with existing or potential uses of adjoining or
nearby sites.
(b) To ensure that sound principles of environmental
design and ecological balance shall be observed.
(c) To ensure that the historical, architectural and
cultural integrity of the site is maintained and
perpetuated.
3. SINGLE FAMILY OCCUPANCY. GANO understands and agrees
for himself, his heirs, successors and assigns that the parcel
of land described in Exhibit "B" may be occupied by only one
single family at any time.
4. SUBDIVISION OR DIVIDED INTERESTS. GANO shall not
divide or subdivide the property described in Exhibit "B" nor
shall GANO otherwise convey any portion of the property less
than the whole to one or more parties. As used herein, "party"
means and includes any person, corporation, partnership or
other legal entity capable of holding title to real property.
3 of 7
EXHIBIT
Ot
It is fuz 2r agreed that this resti -ion is modified
insofar as it applies to the heirs at law of GANO, beneficiaries
designated in wills and/or trusts of GANO, and in that respect
GANO agrees to will, devise, or convey to them only in trust
or as tenants in common, and with the stipulation that the
property be descendible •in perpetuity only as an indivisible
parcel through tenancy in common should more than one heir
retain an interest therein.
5. RIGHT OF FIRST REFUSAL. Before there can be a valid
sale or transfer of the parcel described in Exhibit "B" , except
as provided in paragraph 4 above, GANO, his heirs, successors
or assigns shall first offer said parcel to DISTRICT, its
successors or assigns in the following manner:
(a) Upon receipt by GANO or his heirs, successors or
assigns of a bona fide offer by a third party to
purchase or take title to the property (which bona
fides shall be subject to verification by DISTRICT) ,
GANO shall deliver to DISTRICT at its principle place
of business, by mail or other appropriate means, a
notice in writing, accompanied by a copy of such offer,
which shall set forth the price, terms, conditions and
date of such offer, and GANO's intention to accept
such offer.
Within twenty-one (21) days after its receipt thereof,
DISTRICT or its successor shall have the prior right
to purchase said property at the price and upon the
terms and conditions stated in such notice. Such
right may be exercised by delivery in writing by
mail or other appropriate means to GANO of a notice
of exercise of right to purchase.
(b) If DISTRICT or its successor notifies GANO that it
does not wish to exercise the right of first refusal
or if the right is not exercised within the twenty-one
(21) - day period, GANO shall be free to sell the
property to such offerer, but only at the price and
upon the terms and conditions stated in the aforemen-
tioned notice and offer, and provided that said sale
shall be consumated and escrow closed prior to the lapse
of ninety (90) days from the date of said offer.
A waiver by DISTRICT of one such opportunity to purchase
shall not be deemed a waiver of any future right to
purchase, it being the intent and agreement of the
parties that the right of first refusal hereby granted,
shall run with the land as hereinafter set forth.
(c) In the event DISTRICT or its successors or assigns
exercises the right of first refusal as provided
hereinabove, GANO or his heirs, successors or assigns . -
4 of 7
tXHIRIT
CJ
agrees to deliver the property described in Exhibit
"B" E the Road Easement appurl ,nt thereto vacant
of al- persons and personal prop---cy at the close of
escrow and GANO, on behalf of himself, his heirs,
successors and assigns and on behalf of any tenants
or occupants of the premises, hereby specifically
waives and releases DISTRICT or its successors from
any and all claims, by whatever name known, including
but not limited to, claims for relocation benefits
and/or payments pursuant to California Government
Code Section 7260 and following (or similar law) ;
and GANO or his heirs, successors or assigns agrees
to hold DISTRICT harmless and reimburse DISTRICT
for any and all liability, losses and expenses
occasioned by reason of any and all of such claims.
6. INSURANCE.
(a) GANO at all times and at his/her sole cost and
expense shall maintain and keep in force a
standard Fire and Extended Coverage insurance
policy with an insurance company rated by Best's
as AA, AAA, or better, insuring the HOUSE against
such loss. The improvements shall be insured for
no less than its replacement or reconstruction cost
at the time of loss. Said replacement or recon-
struction cost means replacement or reconstruction
of the original character and architectural integ-
rity of said HOUSE as it may be improved from time
to .time. GANO may, but shall not be obligated to,
obtain insurance against risks of seismic activity
or earthquake.
(b) DISTRICT shall be named as' an additional insured
under the above-specified insurance policy.
(c) A certificate or policy of said insurance shall
be filed with the District Clerk.
7. OPTIONS IN THE EVENT OF CASUALTY LOSS. In the event
said HOUSE is less than 50% destroyed by fire or other insured
casualty as based upon an insurance adjustor or referee' s de-
termination, GANO shall, unless such requirement is waived by
DISTRICT in writing, apply the insurance proceeds to rebuild
said HOUSE with the original character and architectural in-
tegrity subject to design review by DISTRICT as provided herein.
In the event said HOUSE is more than 50% destroyed by
fire or other insured casualty as based upon an insurance
adjustor or referee' s determination, GANO shall promptly repair
such damage, such that the premises are restored to substantially
the same condition as prior to the damage, if in GANO's judgment,
such repair can and should be made. If GANO elects so to repair,
the same shall be completed within one hundred eighty (180) days_
after all necessary DISTRICT and other governmental approvals
are ottained for such repairs, in accordance with the laws and
regulations of the state, federal, county and municip, Lt�
.4'ilfi r12
ties having jurisdiction. L
pace -'s- of Q
If GANO should determine not to repair and' restore, ENVIT
DISTRICT shall within sixty (60) days have the right to determine
5 of 7
whether to repair and restore the premises. If DISTRICT
determines to repair and restore, all of said insurance proceeds
shall be available for such purposes, and the additional
payments, if any, . shall be paid by DISTRICT with no right
of reimbursement from GANG.
s? If both GANO and DISTRICT should determine not to repair
and restore the premises, then the proceeds of insurance shall,
first, be applied to the cost of clearing the premises from
the debris and remnants of the damaged structures and second,
the balance shall belong to GANO. At the same time the parties
hereto shall mutually agree on one appraiser, with a designation
from the American Institute of Real Estate Appraisers (M.A.I. )
to conduct a Fair Market Value appraisal of said property and
appurtenances thereto, which appraised value shall be final
as between the parties hereto. DISTRICT shall then have the
option to acquire from GANO, his/her successors and assigns
any and all right, title and interest in and to said property
at the Fair Market Value as determined by said appraisal within
Sixty (60) days of the completion of said appraisal.
8. DISTRICT PATROL AND MAINTENANCE VEHICLES. DISTRICT
shall have the right of entry at all times to operate patrol
and maintenance vehicles over the road easement described in
said Exhibit "B" ; however, DISTRICT shall only be responsible
for the cost of road repair and maintenance based upon the
percentage the DISTRICT' s use of the road as it bears to total
r road use.
9. UPKEEP OF BUILDING AND GROUNDS. GANO agrees to
assume the responsibility for upkeep of the buildings and grounds
in accordance with the spirit and intent of this agreement,
and to the satisfaction of DISTRICT, by such acts as
(a) prevention of weed buildup, soil erosion and accumu-
lation of trash, waste or other unsightly or offensive
materials on the premises;
(b) provisions for necessary painting and repairs, subject
to the conditions outlined in paragraphs 1 and 2 of
this Restriction Agreement.
10. BARBEQUE AREA. GANG agrees perpetually to retain the
barbeque area designated in yellow on said Exhibit "C" in its
current condition, including but not limited to maintenance
of the plaque dedicated to Mfrs. Thorne by the Sierra Club
Foundation.
6 of 7
plage b3 'Of �_
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11. TOURS. No more than once each calendar year following
three years after the date of execution of this document, GANO
agrees to permit the building and grounds to be opened to the
general public for a period not exceeding eight consecutive
hours. DISTRICT shall bear all costs associated with such an
event. DISTRICT shall hold GANO harmless from and defend
GANO against any and all claims or liability for any injury
or damage to any person or property, whatsoever, occuring in,
on or about the premises or any part thereof during such an
event caused in part or in whole by the act, neglect or fault
of any person participating in such an event.
12. SEVERABILITY. If any portion of this agreement shall
be adjudged invalid, unenforceable or ineffective for any
reason whatever, all other provisions hereof shall be and
remain in full force and effect.
13. BINDING ON SUCCESSORS. It is further understood and
agreed that this agreement and each and every term, condition,
restriction and covenant contained herein shall be binding on
GANG, his heirs, successors and assigns and inure to the benefit of
a) DISTRICT, its successors and assigns and b) the residents
of the Midpeninsula area in which the property described herein
is located, and c) the lands described in Exhibit "A" .
r This restriction agreement with covenants is expressly
w intended by DISTRICT and GANO to run with the land, to constitute
an equitable servitude therein, and shall bind each and every
successive owner of said land, or of any interest therein ,aaXxo
shall be enforceable by DISTRICT, its successors an ages
and all parties having any right, title or interest -in the land
described in Exhibit A.
In witness whereof, the parties have executed this Restriction
Agreement this day of , 1980.
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
By:
GANG
By:
Thomas M. Gano
By:
Claudia J. Gano
7 of 7 EXHIMT
Page
___
EXHIBIT "A" TO RESTRICTION AGREEMENT
PARCEL ONE Lot "B" as described in Exhibit "B"
of "Agreement to Exchange Interests
In Real Property"
PARCEL TWO Lot "10" as described in said Agreement,
Exhibit "B"
PARCEL THREE: Legal Description to be provided after
completion of survey as required in
Clause 7 of said Agreement.
pad, of
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EXHIBIT "B" TO RESTRICTION AGREEMENT
Legal description of "Exception E" and appurtenant
road easement to be provided after completion of survey
as required in Clause 7 of "Agreement to Exchange Interests
in Real Property"
Also as shown on Exhibit "A" to said agreement as out-
lined in blue and yellow.
BACHISIT
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R-80-44
(Meeting 80-16
July 23, 1980
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Agenda Item No. 3)
Report
July 17, 1980
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: S. Sessions, Land Manager
SUBJECT: Progress Report on Use and Management of Planning Area V
(Monte Bello, Long Ridge and Saratoga Gap Open Space
Preserves)
Discussion: The Open Space Management planning process in-
corporates a procedure for reviewing Use and Management plans
for District preserves in detail biennially. During alternate
years, Use and Management plans are evaluated in a progress report,
and Planning Area V is being presented in summary for this review.
1. Monte Bello Open Space Preserve, Black Mountain Area
Monte Bello Open Space Preserve, Black mountain Area, is part of
Planning Area V, but will not be reviewed this year since
the plan, which is going through the City of Palo Alto pro-
cedures, is not expected to be known in its final form until
after August, 1980.
A. During the 1979/80 fiscal year, several additions were
made which increased the size of the Monte Bello Open
Space Preserve, and these areas will be reviewed with
the Monte Bello Open Space Preserve:
1) Melton Parcel 17. 5 acres, acquired April, 1980,
undedicated.
2) Collins Parcel 7. 8 acres, acquired May, 1980,
undedicated.
3) Maridon Parcel 169. 4 acres, acquired June, 1980,
dedicated.
4) Swanson Parcel 10. 7 acres, acquired April, 1980,
dedicated.
R-80-44 Page Two
B. Monte Bello Open Space Preserve, McCone Property and
Boy Scout Parcel
The 40 acre McCone parcel is undedicated and should remain
undedicated. The one acre Boy Scout parcel is dedicated.
There are no incomplete projects nor are there any new
projects recommended for these properties.
3. Monte Bello Open Space Preserve, Picchetti Ranch Area
During the past year, the action plan for the 200 acre Picchetti
Ranch Area was to continue to secure a lease/concessionaire
for rehabilitation and operation of the historic winery
buildings. A proposal was submitted, but was withdrawn in
December, 1979.
The 97 acre Consigny parcel was acquired in May, 1980 as part
of the Picchetti Ranch Area.
A. Dedication Status
Dedicated.
B. Completed Projects
1. The parking area on Stevens Canyon Road was defined
by a fence with a stile and proper signing.
2. The ranger residence water system was improved.
3. The Cupertino Summer Camp program was continued.
4. An agreement was entered into that permitted Ridge
Vineyards to tend a small vineyard on the property.
Fences and gates were installed at the entrance to
the vineyard.
5. Monte Bello Road was realigned by Santa Clara County
because of dangerous roadside conditions. An agree-
ment was entered into with the County to construct
the road, as well as a berm and a fence.
C. Incompleted Projects
1. A concessionaire lease was not secured for the
building area.
2 . All of the trail signs have not been installed.
3. The County still has to pave Monte Bello Road.
D. New Recommendations
1. Following the presentation of recommendations by the
Picchetti Winery Committee and approval by the Board,
staff will solicit a concessionaire lease operator
for the building area. This matter, including para-
meters and procedures for solicitations, will be placed
on your agenda after consideration by the Committee
and before staff advertises.
R-80-44 Page Three
2. Continue the Cupertino Summer Camp program.
3. Complete necessary trails and signing, including the
connecting trails and signs to the Consigny parcel.
4. Continue to coordinate with Santa Clara County on
its road project.
5. Plant native plants and grasses on the new berm
constructed adjacent to Monte Bello Road.
6. Stabilization work on the historic buildings would
proceed only as necessary to prevent significant
further deterioration.
4. Long Ridge Open Space Preserve
Purchased in 1978, this 390 acre preserve was expanded in
January, 1980 with the 53. 8 acre Bridgeman acquisition.
A. Dedication Status
390 acres dedicated, 53 .8 acres undedicated.
B. Completed Projects
Homestead area cleaned up.
C. Incompleted Projects
Reservoir problem unresolved.
D. New Recommendations
1. No change in dedication status.
2. Continue to try to resolve reservoir liability problem
associated with swim area and difficulty in lowering
the reservoir water level.
5. Saratoga Gap Open Space Preserve
This 491 acre preserve provides a trailhead at the intersection
of several trail systems.
A. Dedication Status
411 acres dedicated, 80 acres undedicated for possible
transfer to County.
B. Completed Projects
The one bedroom house was rented during 1980.
C. Incompleted Projects
None.
D. New Recommendations
No change in dedication status.
Recommendation: It is recommended that the Board of Directors adopt
the new Use and Management recommendations contained in this report.
M.-80-51
3�&0 AMR
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
July 16, 1980
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: S. Sessions, Land Manager
SUBJECT: Procedural Amendments to the Land Use and Management
Planning Process
Introduction: The Land Use and Management Planning Process was
amended in February, 1979 (see report R-79-7, dated February 23,
1979) . It is the intent of new proposed revisions discussed
herein to incorporate various procedural amendments into the
planning process.
Discussion: The new procedural revisions have resulted from
suggestions and/or corrections to the planning process and
would clarify and strengthen the existing procedures. The
two revisions under consideration are detailed below.
A. Use and Management Plans within each planning area have
been reviewed biennially in detail, and summary reviews
have been conducted in alternate years. The procedural
change, which you have already approved, is to have de-
tailed reviews for approximately half of the planning areas
each year, rather than to have detailed reviews for all of
them in one year, thereby allowing a more even distribution
of the staff' s workload. You approved this change at your
meeting of May 14, 1980 when you reviewed the Use and
Management Plan for Planning Area IV, and memorandum
M-80-37 detailing the 1980 Schedule of Reviews is attached.
B. Review of dedicated and undedicated land status occurs
with each planning area's Use and Management Plan Review.
Additionally, once a year in January, all lands are reviewed
as to dedication status. A revised procedure involving a
card file to track dedication status has been instituted in
the Open Space Management section.
A concern involving the notification of city and county officials
of District acquisitions within their respective jurisdictions
could be handled through an internal office procedure. The
summaries that recap action taken at Board meetings could be
mailed to appropriate officials when an acquisition falls within
their sphere of interest.
R-80-51 Page Two
Another expressed concern involved methods of notification for
Public Hearings. Staff feels that this item is adequately
covered by current policy, since the press receives agendas and
minutes and private individuals/groups may subscribe to both
the agendas and minutes in order to track proposed acquisitions.
In addition, the proposed notification procedure is outlined
in Section II, Paragraph 2 of Appendix A of the Planning Process.
Methodology for regular facility inspections, evaluation methods
for use of buildings on District sites and determination of
historical significance, including maintenance of those structures,
should be evaluated and incorporated into the planning process
when the site emphasis question is resolved, since a site develop-
ment policy will redirect the planning process.
Recommendation: It is recommended that you approve the planning
process procedural amendments outlined above. It is also suggested
that if you have concerns on the other matters, that you refer
to the Site Emphasis Development Committee policy questions con-
cerning pre-meeting/pre-acquisition notification to Preserve
neighbors and interested persons for future evaluation and con-
sideration.
APPENDIX A (Revised 7/15/80)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PLANNING PROCESS
Purpose: The Midpeninsula Regional Open Space District lands
are managed for balanced functions of environmental protection,
recreation, environmental education and agriculture. In order
to provide for responsible land management that will accommodate
the above uses whale ensuring the continued preservation of
natural resources, the following planning process has been
established.
I. Pre-acquisition Report - In this phase the major issues
related to potential acquisition are addressee. In addition,
interim, use and management recommendations are made to
govern use and management of a site until it can become
incorporated into the ongoing planning for the open space
preserve within which it is located. Interin use and management
recommendations will generally maintain the "status quo" unless
there are factors which must be addressed because of their
deleterious impact on the site or because they represent
safety hazards which should be mitigated. Preacquisition_
reports generally contain information in the followingcategories-.
A. Description of the Site
1) • size, location and. boundaries
2) topography, geology -and soils
3) vegetation and wildlife
B. Current Use and Development
C. Cultural History and Past Use
D. Other Agency Planning Considerations
R. Relationship to MIROSD 1.4aster Plan
'. Relationship to Draft Regional Trails Plan
G. Potential Use and Managemen L
FI. Interim Use and 1anagement Recommendations
I. Initial Budge
i
J. Compliance of Use Recoimnerdatiar_s with CE9A Requi,reTae '
I
K. Naming (Optional)
L. Terris
M. Press Release
N. Recommendation on Dedication Status pursuant to Section
5540 of the Public Resources Code and Resolution No. 79-14
of MROSD
Appendix A Wage 2
Proposed Planning Process (con't)
II. Use and Management Plan for Individual Sites (Optional) -
Generally, use and management plans for new acquisitions
will be done coincidentally with the review of all other
District lands within that open space preserve planning area.
However, the time frame between acquisition of a given site
and the review for- that open space preserve may be partic-ularly
long, or there may be other factors which give the particular
site a high priority, In these cases a use and management
plan 'tmay be prepared for the new addition rather than waiting
for the biennial review. It is at this point in the planning
process that public meetings will be held at staff's discretion
to help formulate the use and managemmenf. plan. The number and
frequency of these meetings will be determined -in relation to
public interest and to the issues related to each site.
Neighborhood meetings would proceed in the following manner:
First, a neighborhood information meeting would be needed
to solicit input prior to staff preparation of the use and
management plan itself. The, date and time of these meetings
would be announced on special notices printed on a regular
meeting. agenda or on a separate agenda or announced at a
regular board meeting_ Selective mailings would be made to
adjacent property owners, and a sign-up sheet would be
circulated at the meeting for persons requesting to be informed
of future meetings regarding the plan. Second, the draft use
and, management plan would be` presented at a neighborhood
meeting. Again, the date and time would be announced on '
special notices. Third, the draft plan would be presented
at a regular Board meeting as an agenda item. A use and
management plan for an individual site would generally be a
simplified version of the outline in Section III. below.
III. Initial Use and Management Plan for Open. Space Preserves --
This step will be the major point at which use and management
decisions are initially determined and reviewed. Public
involvement in the process will be the same- as II above_ A
use and management plan generally contains information* in
the followina categories :
A. Introduction
1) background history (brief)
2) site description (brief)
3) sumvary of interim use and managenEint reco numer_dations
B. Recoa ,endations
1) long. ,terns management pL:ilosophy
„ 4 1
Appendix A Page 3
Proposed Planning Process (con't)
2) use
3) access
4) roads and trails within the site
S) physical improvements
5) protection of_ natural resources
7) costs
8) compliance with CEQA requirements
-9) naming
10) ' dedication status
IV. Informational Report - Use: and management plans for open
space preserves will be reviewed on a biennial basis. In the
intervening years staff will provide the Board urith a brief
informational update on the status of implementation of the
use and management plan adopted the previous year_
A. Physical improvements accomplished
B. Physical improvements yet to be completed
C. Any major issues which warrant discussion -such -as
dedication status
V. Biennial Review of Use and Management Plans for Open Space
Preserve planning areas - This step will be the ongoing review
of the status of policy, use, and physical improvements of
District lands.
A. Reprint or summation of use and management recolMnendations
for past review period.
B. Status of physical improvements projects
C. Data on visitor use and activities
D. To include public meetings if significant changes are
recommended or if warranted for other reasons.
E. Recommendations for change- in use and management plan
such as dedication status,
I
'Note: Use and management plans are reviewed in detail for
half of the planning areas each year . The remaining
planning areas use and management plans are reviewed
by a summary review. Therefore, each planning area
is reviewed in detail every two years.
a II
'Note: Use and management plans are reviewed in detail for
half of the planning areas each year. The remaining
planning areas Use and Management Plans are reviewed
by a summary review. Therefore, each planning area
is reviewed in detail every two years.
Appendix A Page 4
Proposed Planning Process (con't)
VI. Review of Dedicated Land Status
A review of dedicated and undedicated land status will occur
once a year in January . Additionally, dedication status
will be reviewed with each use and management plan review,
both detailed and summary reviews. Dedication status will
be maintained by planning area , by preserve, by acquisition,
in a card index file within the Open Space Management section.
VII. PolicX Statements - This category will contain Board-adopted
policies relating to land management and may include items
such as land management budget guidelines, permit system,
signing, group use, etc. (See attached policies)
Adopted: 7/27/77
Revised: 2/23/79
y M-80-37
a s
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMOPRANDM
April 28, 1980
TO: H. Grench, General Manager
FROM: S. Sessions, Land Manager
SUBJECT: Schedule for 1980 Use and Management Plan Review
The following schedule reflects proposed reviews of use and managerrent plans
by Planning areas.
The significant change between this year's proposal and last year's review schedule
is the types of reviews proposed for 1980. All use and managerrent plans are
reviewed biennially in detail, and a summary review is conducted in alternate
years. This schedule proposes alternating detail and surT ry reviews within the
year, thereby distributing the staffs workload mare evenly.
Staff expects to adhere to the proposed schedule: however, it is flexible if
changes become necessary.
Planning Area MAR APR MAY JUKE JUL AUG SEP OCI` NOV
1 D
2
3 Thornewood
Russian Ej§ge
Ios Trancos
4 Rancho San Antonio
Foothills D
5 Saratoga Gap S
Picchetti
1png Ridge
6 Fremont Older D
7 El Sereno & Costonoan Way
8 Manzani.ta Ridge
9 Baylands
10 Hassler
Note: 1) S = S umiary review; D = Detail review
2) Although Monte Bello is part of Planning Area #5, it will not be reviewed
this year since the Use and Management Plan is not scheduled to be presented
in its final form until August, 1980.
3) IMF Grants and Budget Preparation during May and June
C-80-13
July 23,1980
Meeting 80--16
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
Amount Name Description.
1251 $ 230.80 Xerox Maintenance Agreement--,Tune.:
1252 32.00 Stanley Norton Duplicating, Telephone,and
Private Vehicle Expense-June
1253 9.00 Management Learning Lab. Subscription Renewal
1254 103.20 San Mateo Times Election Expense
1255 91. 80 Peninsula Times Tribune Election Expense
1256 3,000.00 Desmond Johnson, Appraiser Appraisal Services
1257 660.00 Rogers, Vizzard and Tallett Land Expenditures- June Legal
1258 228.98 Drake Welding Vehicle Equipments Fees
1259 156.50 ZZZ Sanitation Portable Toilets-Los Trancos
1260 124 .98 Hubbard and Johnson Site Maintenance-Residence
1261 8.02 Action Photo Slide Library
1262 26.27. Del Woods Private Vehicle Expense
1263 ' 158. 28 Uno Graphics Printing-Site Brochures
1264 10.50 Victor of California Field Supplies
1265 388. 70 San Jose Mercury Election Expense
1266 2,734 .17 Union Bank Interest on Promissory Note
1267 125.00 Jerome and Sheila Braun Rental Deposit Refund
1268 400.00 J.K. Kroijer Installment Payment-Fine
Property
V
v
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
July 16, 1980
Palo Alto City Council
Civic Center
250 Hamilton
Palo Alto, CA 94301
Dear Members of the City Council:
On July 21, 1980 you will be considering the appeal of the
Midpeninsula Regional Open Space District from the Planning
Commission's decision to reject the proposed location of a
parking lot on the Monte Bello Open Space Preserve.
Our Board and staff have given alternative locations extensive
study, including individual and group field trips. It is
the considered decision of our Board, with only one dissenting
vote, that the proposed location is the best solution to pro-
viding safe, useful access to a regional open space preserve
with least negative impacts.
k
We hope that you will agree with or at least defer to our
judgment after consideration of the matter.
Sincerely,
Barbara Green
President, Board of Directors
BG:jc
cc: MROSD Board of Directors
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonehe G Hanko.Richard S Bishop,Edward G.Shelley.Harry A.Turner,Daniel G.Wendin
DAN O"KEEFE SENATE CHAMBER
STATE CAPITOL
STATE SENATOR
SACRAMENTO. CALIFORNIA
TWELFTH DISTRICT 95814
)Senate
California frolatarr
July 3 , 1980
Mr. Herbert Grench
General Manager
Midpeninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los Altos, California 94022
Dear Mr. Grench:
My best thanks for your letter of congratulations and
good wishes .
Your representative, Mr. Robert Beckus, did call at my
office, but, unfortunately, I was not in at the time.
He indicated that he would return at another time and
I am looking forward to meeting him and working with
him.
AAN
rely,
0
1L
'KEEFE
State Senator
a
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
July 11, 1980
Mr. Alan Woodhill
President
Leslie Salt Company
P. O. Box 364
Newark, California 94560
Dear Mr. Woodhill:
At the unanimous request of the Board of Directors of
the Midpeninsula Regional Open Space 'District, I want to
express the Board' s deep appreciation to you and your
associates at Leslie Salt and Cargill Corporation for the
recent gift of the 54-acre Crittenden Marsh property to
the Peninsula Open Space Trust (P.O.S.T. ) . Because of
this generous act, our Board voted unanimously to acquire
the Crittenden Marsh parcel from P.O.S.T. at our meeting
of July 9, 1980, thus utilizing the Federal Land and Water
Conservation Fund Grant that had been awarded the District
for the acquisition of this particular parcel. The Board
also voted to dedicate the property as open space and
adopted Stevens Creek Shoreline Nature Study Area as the
official name of the site.
Without Leslie Salt' s donation of the parcel to
P.O.S.T. , our action would not have been possible, and we,
as a Board, are most pleased that the years of effort to
acquire this parcel, which represents an important link
in the Bayfront Trails Plan, have finally been culminated.
To you and your associates at Leslie Salt, I extend our
Board' s warmest thanks for your interest in preserving the
property and your gift of the property to the Peninsula
Open Space Trust.
Sincerely,
Barbara Green
President
cc: Mr. James W. Walton
Vice President and Land Manager
Herber?A.Grench.General Manager 8oarcf of lJirectgts:Katherina f)uliv BarhamCreern-Nana'tef Magkn..RirhP-M S.Biahnn
80-17
OFFICE OF ASSEMBLYMAN FOR IMMEDIATE RELEASE
BOB NAYLOR July 11, 1980
Room 5164 Contact: JIM BOURGART
Sacramento, CA 95814 (415) 365-1426
Bob Naylor (R-Menlo Park) today received the Legislature's
approval for his bill (AB 859) to preserve the recreational portions
of surplus school sites. The vote in the Senate was 23-14, and the
Assembly concurred in Senate amendments by a 61-2 vote. The bill
now goes to the Governor for signature. The bill, if signed by the"
Governor will prevent the loss of hundreds of soccer and Little
League fields connected with surplus school sites.
Naylor said that declining enrollments and financial
pressures have led school districts all over the state to try to
sell school sites for development "but surrounding communities
have counted on school grounds being available for recreational
purposes, " Naylor said. "Soccer clubs, Little Leagues, and other
groups need to continue their programs. The community must be
given an opportunity to retain the use of property for recreation.
Naylor cited Department of Education statistics that hundreds of
school sites have been closed in California in recent years and
many more are being considered for closure.
Naylor's proposal is strongly supported by Soccer and
Little League organizations, city governments, park and recreation
districts and environmental groups.
Naylor said that, "school districts are concerned, quite
understandably, with their immediate financial problems and they
view the sale of valuable school sites as a major -- if only temporary
-- source of new revenue. My view is that the entire community
should have a voice in deciding how these sites should be used.
MORE-MORE-MORE
80-17
NAYLOR PRESS RELEASE
If the community chooses to retain the facilities for recreational
use, it makes little sense to force the taxpayers to pay again
the full development price for what they have already paid for
once and have decided not to develop. I frankly can't think of
any worse way to. spend taxpayers money, " Naylor said.
Under Naylor's proposal, the recreational portions of
closed school sites will be offered to local government at a
price calculated as the original price of the property adjusted
for the general rate of inflation since the original purchase.
Naylor said that the bill "attmepted to achieve a balanced
approach that recognizes the public's need for recreational
facilities, like baseball diamonds and soccer fields, but at
the same time protects the school districts investment in the
property. " Naylor noted that the bill preserves the school
district's right to purchase the property at the same "bargain"
price. "Without Tn.y bill, if enrollment increases again in five
years they would have to buy more property at really inflated
prices to meet their needs. "
The Governor has 12 days in which to sign the bill.
5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118
TELEPHONE (408) 265-2600
July 15, 1980
Mr. Herbert Grench
General Manager
Midpeninsula Regional Open Space District
375 Distel Circle, Suite D1
Los Altos, California 94022
Dear Mr. Grench:
Subject: Stevens Creek- Bay to Homestead Road
We enclose a copy of the Final Draft of a study of multi-objective needs for the Stevens
Creek corridor. The enclosed Final Draft - Stevens Creek: A Plan of Opportunities -
reflects the ideas and review comments received from local residents, interested
recreational organizations, State and federal agencies, the County and affected cities.
At this time, we also enclose our Engineer's Report and Draft Negative Declaration for
proposed flood and erosion protection measures on the creek. The recommended
measures have been designed to eliminate the flood hazard from Stevens Creek which
exists upstream and downstream of Bayshore Freeway and to abate erosion at several
rapidly eroding locations. These recommendations have been designed to be compatible
with all other potential uses identified in the multi-objective study which was sponsored
by this District, the City of Mountain View and the Midpeninsula Regional Open Space
District.
We intend to proceed with constructing the $4.8 million worth of flood and erosion
control measures described in the report. We have scheduled a public hearing for the
project and for the Negative Declaration for Thursday, August 7, 1980, 7:30 p.m., at the
Council Chambers, City of Mountain View.
Sincerely yours,
hn T. O'Halloran
,,0,eneral Manager
Enclosures: 1. Engineer's Report for Stevens Creek
2. "Plan of Opportunties" Report
cc: Mr. Jeff Grote
Planning Collaborative Inc.
Pier 33 North
The Embarcadero
San Francisco, California 94111
AN AFFIRMATIVE ACTION EMPLOYER
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
July 16, 1980
Palo Alto City Council
Civic Center
250 Hamilton
Palo Alto, CA 94301
Dear Members of the City Council:
On July 21, 1980 you will be considering the appeal of the
Midpeninsula Regional Open Space District from the Planning
Commission's decision to reject the proposed location of a
parking lot on the Monte Bello Open Space Preserve.
Our Board and staff have given alternative locations extensive
study, including individual and group field trips. It is
the considered decision of our Board, with only one dissenting
vote, .that the proposed location is the best solution to pro-
viding safe, useful access to a regional open space preserve
with least negative impacts.
i
We hope that you will agree with or at least defer to our
judgment after consideration of the matter.
Sincerely,
Barbara Green
President, Board of Directors
BG:jc
cc; MROSD Board of Directors
Herbert A Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S Bishop.Edward G.Shelley,Harry A.Turner,0aniei 0.Wendin
� /Lrc
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
July 11, 1980
Mr. Alan Woodhill
President
Leslie Salt Company
P. O. Box 364
Newark, California 94560
Dear Mr. Woodhill:
At the unanimous request of the Board of Directors of
the Midpeninsula Regional Open Space District, I want to
express the Board' s deep appreciation to you and your
associates at Leslie Salt and Cargill Corporation for the
recent gift of the 54-acre Crittenden Marsh property to
the Peninsula Open Space Trust (P.O.S.T. ) . Because of
this generous act, our Board voted unanimously to acquire
the Crittenden Marsh parcel from P.O.S.T. at our meeting
of July 9, 1980, thus utilizing the Federal Land and Water
Conservation Fund Grant that had been awarded the District
for the acquisition of this particular parcel. The Board
also voted to dedicate the property as open space and
adopted Stevens Cr
eek Shoreline Nature Study Area as the
official name of the site.
Without Leslie Salt' s donation of the parcel to
P.O.S.T. our action would not have been possible, and we
i P f
as a Board, are most pleased that the years of effort to
acquire this parcel, which represents an important link
in the Bayfront Trails Plan, have finally been culminated.
To you and your associates at Leslie Salt, I extend our
Board' s warmest thanks for your interest in preserving the
property and your gift of the property to the Peninsula
Open Space Trust.
Sincerely,
Barbara Green
President
cc: Mr. James W. Walton
Vice President and Land Manager
Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G Hanko,Richard S.Bishop,Edward G.Shelley.Harry A.Turner,Daniel G.Wendin
J U 1 1 80-17
OFFICE OF ASSEMBLYMAN FOR IMMEDIATE RELEASE
BOB NAYLOR July 11, 1980
Room 5164 Contact: JIM BOURGART
Sacramento, CA 95814 (415) 365-1426
Bob Naylor (R-Menlo Park) today received the Legislature's
approval for his bill (AB 859) to preserve the recreational portions
of surplus school sites. The vote in the Senate was 23-14, and the
Assembly concurred in Senate amendments by a 61-2 vote. The bill
now goes to the Governor for signature. The bill, if signed by the"
Governor will prevent the loss of hundreds of soccer and Little
League fields connected with surplus school sites.
Naylor said that declining enrollments and financial
pressures have led school districts all over the state to try to
sell school sites for development "but surrounding communities
have counted on school grounds being available for recreational
purposes, " Naylor said. "Soccer clubs, Little Leagues, and other
groups need to continue their programs. The community must be
given an opportunity to retain the use of property for recreation.
Naylor cited Department of Education statistics that hundreds of
school sites have been closed in California in recent years and
many more are being considered for closure.
Naylor's proposal is strongly supported by Soccer and
Little League organizations, city governments, park and recreation
districts and environmental groups.
Naylor said that, "school districts are concerned, quite
understandably, with their immediate financial problems and they
view the sale of valuable school sites as a major -- if only temporary
-- source of new revenue. My view is that the entire community
should have a voice in deciding how these sites should be used.
MORE-MORE-MORE
80-17
NAYLOR PRESS RELEASE
If the community chooses to retain the facilities for recreational
use, it makes little sense to force the taxpayers to pay again
a a
the full development price for what they have already paid for
once and have decided not to develop. I frankly can't think of
any worse way to spend taxpayers money, " Naylor said.
Under Naylor's proposal, the recreational portions of
closed school sites will be offered to local government at a
price calculated as the original price of the property adjusted
for the general rate of inflation since the original purchase.
Naylor said that the bill "attmepted to achieve a balanced
approach that recognizes the public's need for recreational
facilities, like baseball diamonds and soccer fields, but at
the same time protects the school districts investment in the
property. " Naylor noted that the bill preserves the school
district's right to purchase the property at the same "bargain"
price. "Without my bill, if enrollment increases again in five
years they would have to buy more property at really inflated
prices to meet their needs. "
The Governor has 12 days in which to sign the bill.
#### ####
I
I
5750 ALMADEN EXPRESSWA, Jul- � "
• • W f ff-17int SAN JOSE, CALIFORNIA 95118
TELEPHONE (408) 265-2600
r,
I ( 1
,Hill.
July 15, 1980
Mr. Herbert Grench
General Manager
Midpeninsula Regional Open Space District
375 Distel Circle, Suite D1
Los Altos, California 94022
Dear Mr. Grench:
Subject: Stevens Creek - Bay to Homestead Road
We enclose a copy of the Final Draft of a study of multi-objective needs for the Stevens
Creek corridor. The enclosed Final Draft - Stevens Creek: A Plan of Opportunities -
reflects the ideas and review comments received from local residents, interested
recreational organizations, State and federal agencies, the County and affected cities.
At this time, we also enclose our Engineer's Report and Draft Negative Declaration for
proposed flood and erosion protection measures on the creek. The recommended
measures have been designed to eliminate the flood hazard from Stevens Creek which
exists upstream and downstream of Bayshore Freeway and to abate erosion at several
rapidly eroding locations. These recommendations have been designed to be compatible
with all other potential uses identified in the multi-objective study which was sponsored
by this District, the City of Mountain View and the Midpeninsula Regional Open Space
District.
We intend to proceed with constructing the $4.8 million worth of flood and erosion
control measures described in the report. We have scheduled a public hearing for the
project and for the Negative Declaration for Thursday, August 7, 1980, 7:30 p.m., at the
Council Chambers, City of Mountain View.
Sincerely yours,
ohn T. O'Halloran
General Manager
Enclosures: 1. Engineer's Report for Stevens Creek
2. "Plan of Opportunties" Report
cc: Mr. Jeff Grote
Planning Collaborative Inc.
Pier 33 North
The Embarcadero
San Francisco, California 94111
AN AFFIRMATIVE ACTION EMPLOYER
fAIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS.CALIFORNIA 94022
(415)N5.4T17
July 17, 1980
The Honorablee Governor Edmund G. Brown, Jr®
State Capitol
State of California
Sacramento, CA 95814
Dear Governor Brown:
On behalf of the Board of Directors of the M.idpeninsula
Regional Open Space District, 1 wish to express this District' s
support of AB 859 by Assemblyman Naylor. This legislation is
a sensible compromise between the needs of the school districts
and of the general public in preserving open space and recre-
ational lands of our communities.
Sincerely yours,
Herbert Grench
General Manager
HG:jg
cc: MROSD Board of Directors
Assemblyman B. Naylor
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
July 17, 1980
City Council
City of San Carlos
666 Elm Street
San Carlos, CA 94070
Dear Mayor Bennie and Members of the Council.-
At the suggestion of Councilman Steele, I am writing
to give you a status report on the Hassler property.
Some time ago the District had an independent apprai-
sal made of the property and subsequently made a purchase
offer based upon that appraisal. Negotiations have been
underway since, but have been difficult®
In the meantime the District has solicited proposals
for public recreational use of the buildings.. Only one such
proposal was forthcoming, that being for a hostel using the
former head doctor's residence and adjoining duplex and oper-
ated by the American Youth Hostel group. This proposal is
being evaluated.
Legal access to the site from the new Crestview/Edgewood
intersection and past the detoxification center would be
suitable for District patrol or hostel vehicles. However,
pedestrian access for San Carlos neighbors and other site
f Bow Drive bypassing n
users from the end o , �` the detoxification,
center, would be very desirable, as would some parking area
in that vicinity for a visitor staging area.. Parking has not
been negotiated on the Hetch Hetchy right of way, and it is
undesirable to have general public vehicular access to the top
of the Hassler ridge. These matters will require more joint
study with San Carlos officials to try to arrive at optimal
solutions. However, the negotiations with Saxe. Francisco are
not currently affected by them.
Please call upon me if you need further information. We
are quite anxious to complete this project for the benefit of
the residents of San Carlos and others.
Sincerely yours,
Herbert Grench
General Manager
HG:jg
cc: MROSD Board of Directors
Bob Allen
Herbert A.Grench,General Manager Board of Directors Katherine Duft Barbara Green,Noneae G.Hanko.Richard S.Bishop.Edward G.Shelley.Harry A Turner,Daniel a Wendin