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Home My Public Portal About19801119 - Agendas Packet - Board of Directors (BOD) - 80-26 R-80-66 November 24 , 1980 A%I,e meeting 80-25 0 mwc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 19 , 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, and W. Upson, Land Acquisition Representative SUBJECT: Proposed Addition to Manzanita Ridge Open Space Preserve (Dieterich Trust Property) Introduction: This District has been offered the opportunity to purchase 142 acres of land lying east of Highway 17 in an un- incorporated area of Santa Clara County. The property surrounds a 14 acre U. S. Government installation encompassing the crest of Mount Umunhum. The area has a high point of 3 ,486 feet and has wide sweeping views of South Santa Clara County and seaward including, under favorable conditions, Monterey Bay and Santa Cruz . Some 3 ,200 acres of watershed lands in the Los Gatos Creek area managed by the San Jose Water Works Company lie in close proximity to the southwest. This region of the Santa Cruz mountains, known as the Sierra Azul, is a part of one of the largest undeveloped areas within District confines. This property would become an addition to the Manzanita Ridge Open Space Preserve. A. Description of the Site : 1. Size, Location and Boundaries. The 142 acre property is in an unincorporated area of Santa Clara County within the Sphere of Influence of the Town of Los Gatos. It is surrounded by private holdings. It does, however, surround a 14 acre parcel held by the U.S. Government, which we understand is under consideration for abandonment by the federal government. This property is adjacent to the District boundary, but lies entirely outside the District. 2 . Topography, Geology, and soils. Elevation of this irregular parcel ranges from 2 ,600 feet to 3,400 feet. The watershed R-80-66 Page two slopes easterly to Guadalupe Creek, northerly to Rincon Creek, and southerly and westerly to Lake Elsman via Hooker Gulch and Austrian Gulch. The Los Gatos and Maymen soil type is found on the 50% to 75% slopes. 3. vegetation and Wildlife. The site is a chamise and manzanita chaparral community with pockets of bay trees and madrone on its lower slopes, attractive to coyotes, raccoons, rattlesnakes, rabbits, and deer. B. Current Use and Development. Mount Umunhum Road enters through the westerly edge of the holding and connects the U.S. Air Force radar station on Mount Thayer and the Air Force instal- lation on Mount Umunhum. The access route to the site is via Hicks Road to Mt. Umunhum Road within 30 to 40 minutes from downtown Los Gatos. Passage over Mt. Umunhum Road is restricted by the Air Force and in- vestigation indicates that the public has no rights in the roadway. Therefore , the District could not direct motorists to the property. We are informed that the Air Force plans to abandon both the Mt. Thayer and Mt. Umunhum installations in the not too distant future, and public road rights could be established subsequently. No structures are located on the property. C. Planning Considerations. The acquisition of this property by the District has been found to be in conformity with the Santa Clara County and Los Gatos General Plans. The entire 142 acre parcel is under a Williamson Act Land Conservation Contract. It is zoned A20s, 20 acre minimum lot size, subject to a slope density formula. There is presently a general moratorium on subdivision of land within unincorporated areas of the County, including the property proposed for purchase. D. Relationship to Existing and Proposed Trails. The Master Trails and Pathways Plan for Santa Clara County shows a proposed trail system in a series of loops connecting Lexington Reservoir and Lake Elsman with Mt. Umunhum, Mt. Thayer, and Mt. El Sombroso. A part of this trail is shown schematically on or near this property. E. Potential Use and Management. It is recommended that this site be managed as a natural area with existing trails and pathways open to hikers and equestrians. Site identification should be limited to marking boundaries at appropriate points. In keeping with natural area management, the site should not be actively publicized, but would be de- lineated on office wall maps available for public information. R-80-66 Page three Situated on Mt. Umunhum with a high point of 3 ,486 feet, this property is a highly visible scenic backdrop. Protection of this scenic ridge should be considered the principal use of the site at this time. F. Use and Management Recommendations. 1. The site should be open to hikers and equestrians who may gain access from adjacent private property. 2. Preserve boundary signs should be installed where appropriate. 3. Gates and fencing should be placed as necessary to restrict off-road vehicle access. Funds have been included in the Land Management budget to provide for new acquisition site protection items (including gates) . G. Name. It is recommended that this site become an addition to the Manzanita Ridge Open Space Preserve, Mt. Umunhum area, and be unofficially so named. H. Dedication. It is recommended that this property be dedicated as open space land at this time. (Please see Terms section) . I. Terms. The previous owner, Ms. Francis Dieterich, has recently transferred this property to a charitable remainder trust. The subject property is the only asset of the trust (Peninsula Open Space Trust and Haskell Berry, her nephew, are the trustees) . When the trust' s assets are converted to cash, the money would be reinvested to produce an income for the life of Ms. Dieterich (or two older female relatives if they survive Ms. Dieterich) . Upon the demise of the last income beneficiary, the remaining principal of the trust will be distributed to Peninsula Open Space Trust for their land acquisition program. This property has been offered to the District by the trustees in accordance with the terms of the attached purchase agreement. The basis of value for the 142 acre parcel is $150 ,500 or $1, 060 per acre. There has been no appraisal completed by the District, but this amount is seen to be rather high based upon surrounding comparable sales. However, the purchase is being recommended to help facilitate and encourage the creation and use of annuity techniques for land acquisition, especially in this case where the principal amount paid will be returned to the area' s open space land acquisition funds. This is the first such transaction in which the District has had the oppor- tunity to participate and would help to set a positive pre- cedent for an additional creative land preservation technique. R-80-66 Page four Recommendation: It is recommended that the Board adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement II to Purchase Real Property, Authorizing officer to Execute Certi- ficate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Manzanite Ridge Open Space Preserve Addition/Dieterich Trust Property) . It is further recommended that the Board approve the interim use and management recommendations contained in this report, that Manzanita Ridge Open Space Preserve - Mount Umunhum Area be designated the unofficial name of the site, and that this property be officially dedicated as open space land. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPE NINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE/DIETERICH TRUST ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between the Peninsula Open Space Trust, et alas Trustees, and the Midpeninsula Regional Open Space District, dated November 24, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. I Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTATCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE/DIETERICH TRUST ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between the Peninsula Open Space Trust, et alas Trustees, and the Midpeninsula Regional Open Space District, dated November 24, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the - District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. .. ..... ... :: _ 1 'L SOMBROSO �` ("herry.springs � ./; s REA 2ea7r s 14 _ Ca fiy a3a E t S o m b r o-s b ' \ - - i� `�'• r A\ �i - il� l -- ` ram• A. `j Mt "Thayer DIM f, Mt l�[rlUtlhUm Gul16 -31 1 r _ DIEZERICFI A a/ f AREA [,4 r•HlI r FFO4 dYE� - - / 1, Y\� ,� _� i 13 ' IOS"` � ;" -:,y no. r •,c O oY'me'rly .F,alrweathc'r}�` PR r.� A06af�l.. A 4 t -� ✓ ��1 J �, � b�; �\ 1 �l � -1 � Awl.„ ,;, � � ��) 1 ♦\_\\� ry ��1 `�r`.'_ � \...-\,: .�BHf c J+ rLfdFES, C�NrpN WAIrAlynt ! .• y /` f FES. Ars w.reN ; 1 -_.....`\.. ./`,'_i ......,....♦ ..�...,-..✓ ��._.-_. .y.,r...;�.'.... �`[ b -.....�•\•. WATER �i CAEATI N MECnI+IMw d.I� i �• _�^��'_ _`Y...__ AREA _ nt.40isn�. 1 _. .3 EXHIBIT A - SITE MAP (USGS) �c- 1"+'a ParkADDITION TO7 ,, cMANZANITA RIDGE J, _� ti °` OPEN SPACE PRESERVE - 2000 ' North C-80-21 November 24, 1980 Meeting 80-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S # Amount Name Descri tion I1i1610 $150 ,500.00 Western Title Insurance Co. Dieterich Trust Property ' 1611 374.78 William P. Murphy- County- Property Tax-Longridge Tax Collector C-80-21 November 24 , 1980 Meeting 80,25 �26 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S r Amount Name Descry tion 1610 $150 ,500.00 Western -Title Insurance Co. Dieterich Trust Property 1611 374. 78 William P. Murphy- County- Property Tax-Longridge 1612 171.27 Petty Cash Tax Collector Drafting Paper,Maps, Postage,Office Supplies, Meal Conference,Books, Docent Training, and Private Vehicle Expense