The URL can be used to link to this page

Home My Public Portal About19860226 - Agendas Packet - Board of Directors (BOD) - 86-05 Meeting 86-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)9654717 REGULAR MEETING Wednesday BOARD OF DIRECTORS 375 Distel Circle, D-1 February 26, 1986 Los Altos, California A G E N D A (7:30)* ROLL CALL APPROVAL OF MINUTES (February 12, 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA PUBLIC HEARING (7:45) 1. Final Report - Eminent Domain -- D. Wendin, R. Bishop, N. Hanko Ordinance Adopting Policies Regarding Use of Eminent Domain UNFINISHED BUSINESS (8:15) 1. Mid-Year Program Evaluation for 1985-1986 and Setting of Priorities for 1986-1987-- C. Britton (8:35) 2. Proposed Changes to Rules of Procedure Concerning District Holidays and Recitation of Pledge of Allegiance -- T. Henshaw Resolution Amending the District's Rules of Procedure BOARD BUSINESS (8:45) 1. Request to Fill Certain Open Space Management Staffing Positions in Conjunction With Open Space Management Five Year Staffing Master Plan -- D. Hansen (9:00) 2. Proposed Jamison and Mazor Property Additions to Sierra Azul Open Space Preserve, Mt. Umunhum Area -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of Jamison) Resolution Authorizing Acceptance of Purchase Agreement, 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 (Sierra Azul Open Space Preserve -- Lands of Mazor) (9:15) 3. Proposed Eilertsen Property Addition to Sierra Azul Open Space Preserve (Kennedy Road Area) -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of Eilertsen) (9:30) 4. Notice of Extension of Option for the Hosking Property -- C. Britton (9:35) 5. Request to Use Words "Open Space" in Special Typeface as Substitution for Leaf Design -- M. Hale Herbert A.Grench,General Manager Board ot Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin (9:40) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT I TO ADDRESS THE BOARD: When an .item you'Ae eoneenned with appeatus on the agenda, the Cha,itt wilt invite you to adds ms the Board at that time; on othett mattetus, you may addtta,s the Board under Ottat Communicatio" . (An atteAnat-i.ve is to comment to the Board by a Wtc c tten Communication, which the BooAd appttee iatez. ) Each s peakett wiU ottd%n"y be t imited to three minutes. When tteeogn.ized, please begin by stating youtt name and addtc.a s. We tteque st that you 6iU out the 6ottw pu v i.ded and ptte s ent it to the ReeoAding SecAetatty Aso that your name and addAAns can be accuAate.2y inctu.ded in the minutes. *Times are estimated. Agenda is subject to change of order. NOTICE OF PUBLIC CCIVM TEE MEETING THE LAND ACQUISITION POLICY COMMITTEE WILL MEET AT THE DISTRICT OFFICE AT 7:30 P.M. ON WEDNESDAY, MARCH 19 TO FORMULATE A QUESTIONNAIRE TO GO TO THE BOARD REGARDING POLICY OPTIONS RELATING TO IMPLEMENTATION OF THE BROWN ACT NOTIFICATION PROCEDURES. fleeting 86-05 A, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUMMARY OF FEBRUARY 26, 1986 REGULAR BOARD MEETING Final Report - Eminent Domain--ordinance Adopting Policies Regarding Use of Eminent Domain - The motion to adopt the ordinance relating to the use of eminent domain was tabled until all Board members could be present for the vote. The amendment proposed by Director Hanko at the meeting concerning the restrictive use of eminent domain for trails was referred to the Board' s Eminent Domain Committee for review at the Committee Meeting currently scheduled for Wednesday, March 19, 1986, 7:30 P.M. at the District office. Mid-Year Program Evaluation for 1985-1986 and Setting of Priorities for 1986-1987 - The Board accepted the program evaluation as presented for the first part of fiscal year 1985-1986 and tentatively adopted the key projects and activities for 1986-1987 for the Open Space Acquisition, Open Space Management, and General Management and Program Support Programs. Proposed Changes to Rules of Procedure Concerning District Holidays and Recitation of Pledge of Allegiance - The Board adopted Resolution 86-15 amending Section 1. 90, Public Records and Section 1.42 whereby the Pledge of Allegiance will be recited at the first regular meeting of July. Request to Fill Certain Open Space Management Staffing Positions in Conjunction with Open Space Management Five Year 'Staffing Master Plan The Board approved the recommendations in the staff report. Proposed Jamison and Mazor Property Additions to Sierra Azul Open Space Preserve, Mt. Umunhum Area - The Board adopted Resolutions 86-16 and 86-17 approving the acquisition of these two 80 acre parcels located south of the City of San Jose in unincorporated Santa Clara County and located due east of the summit of Mt. Umunhum for a combined purchase price of $278, 500. The properties are bounded by the District' s Bald Mountain holdings to the east and private property on the remaining three sides. In addition, the Board tentatively adopted the Interim Use and Management Plan contained in the staff report, named the properties as additions to the Sierra Azul Open Space Preserve, Mt. Umunhum. Area, and indicated its intention to withhold the properties from dedication. Proposed Eilertsen Property Addition to Sierra Azul Open Space Preserve (Kennedy Road Area) - The Board adopted Resolution 86-18 approving the acquisition of this 125. 12 acre property located near the southeast corner of the Town limits of the Town of Los Gatos for a purchase price of $225, 000. The property is bounded by District lands to the north and east and by private property outside the Town boundary to the south and west. In addition, the Board tentatively adopted the Interim Use and Management Plan contained in the staff report, named the property as an addition to the Sierra Azul Open Space Preserve, Kennedy Road Area, and indicated its intention to dedicate the property. This is proposed to be a joint acquisition project with the Town of Los Gatos. Meeting 86-05 page two Notice of Extension of Option for the Hosking Pro2erty - The Board approved the option extension for the Hosking property from August 16, 1986 to August 15, 1987 and directed that Mr. Hosking be notified of this extension on or before March 1, 1986 and that the required payment of $300, 000 be paid on or before August 15, 1986. Request to Use Words "Open Space" in Special Typeface as Substitution for Leaf Design - The Board decided to retain the leaf design for District stationery at this time. Cecilia A. Cyrier Secretary Meeting 86-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE. SUITE D-1,LOS ALTOS,CALIFORNIA 94022 r415)965-4717 REGULAR MEETIN'G Wednesday BOARD OF DIRECIORS 375 Distel Circle, D-1 February 26, 1986 Los Altos, California A G E N D A EMINENT DOMAIN POLICY ADOPTION (7:30)* ROLL CALL NOTE: The District's Board of APPROVAL OF MINUTES (February 12, 1986) Directors will be considering adoption by Ordinance of policies WRITTEN COMMUNICATIONS relating to the District's use of ORAL COMMUNICATIONS eminent domain. Please contact the District office for informa- ADOPTION OF AGENDA tion or copies of the Board PUBLIC HEARING report relating to this item. (7 :45) 1. Final Report - Eminent Domain -- D. Wendin, R. Bishop, N. Hanko Ordinance Adopting Policies Regarding Use of Eminent Domain UNFINISHED BUSINESS (8:15) 1. Mid-Year Program Evaluation for 1985-1986 and Setting of Priorities for 1986-1987-- C. Britton (8:35) 2. Proposed Changes to Rules of Procedure Concerning District Holidays and Recitation of Pledge of Allegiance -- T. Henshaw Resolution Amending the District's Rules of Procedure BOARD BUSINESS (8:45) 1. Request to Fill Certain Open Space Management Staffing Positions in Conjunction With Open Space Management Five Year Staffing Master Plan -- D. Hansen (9:00) 2. Proposed Jamison and Major Property Additions to Sierra Azul Open Space Preserve, Mt. Umunhum Area -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of Jamison) Resolution Authorizing Acceptance of Purchase Agreement, 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 (Sierra Azul Open Space Preserve -- Lands of Mazor) (9:15) 3. Proposed Eilertsen Property Addition to Sierra Azul Open Space Preserve (Kennedy Road Area) -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of Eilertsen) (9 :30) 4. Notice of Extension of Option for the Hosking Property -- C. Britton (9 :35) 5. Request to Use Words "Open Space" in Special 'Typeface as Substitution for Leaf Design -- M. Hale •erpert A Grench,General manager Board of Directors. Katherine Duct Nonette G Hanko,Tenn ,D_... _ Y aMe�:.hai� ta�n�.�s.1a.�....,_ram_..,..-,-�.,�_,.__-_�__• _�_—T (9:40) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT TO ADDRESS THE BOARD: When an item ycu'Ae concerned with appears on the agenda, the Chair witf- invite you to addtms the Board at that time; on other matteu, you may add,ta4 the Board under. Oral C6mmunica�ioa6 . (An af-te,,tnative is to comment to the Board by a WAitten Communication, which the Boa,%d appAeciates. ) Each speake& Witt oAdinatity be Umited to three minutei. When Aecognized, pteaze begin by 6tating yours name and address. We requezt that you 6iU out the 6ouis p"vided and present it to the Recording SecAetaAy so that your. name and addtms can be accukatety in ctuded in the minutu. *Times are estimated. Agenda is subject to change of order. NOTICE OF PUBLIC CMlI=i nMTINU THE LAND ACQUISITION POLICY CONDTITTEE WILL MEET AT THE DISTRICT OFFICE AT 7:30 P.M. ON WEDNESDAY, MARCH 19 TO FORMULATE A QUESTIONNAIRE TO GO TO THE BOARD RECARDING POLICY OPTIONS RELATING TO IMPLEMENTATION OF THE BROWN ACT NOTIFICATION PROCEDURES. i Meeting 86-04 U -Al MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 REGULAR MEETING BOARD OF DIRECTORS FEBRUARY 12, 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7 :39 P.M. Members Present: Katherine Duffy, Daniel Wendin, Edward Shelley, Teena Henshaw, Nonette Hanko, Harry Turner, and Richard Bishop. Personnel Present: Herbert Grench, David Hansen, Jean Fiddes, Mary Hale, Stanley Norton, James Boland, and Emma Johnson. II . APPROVAL OF MINUTES January 15, 1986 Motion: D. Wendin moved the approval of the minutes of January 15, 1986. H. Turner seconded the motion. The motion passed 7 to 0 . January 22 , 1986 Motion: H. Turner moved the approval of the minutes of January 22, 1986 . D. Wendin seconded the motion. Discussion: E. Shelley noted that the following line was missing from the motion at the bottom of page 10 : "H. Turner seconded the motion. The. . . " , and that "He stated that funds had been budgeted to. . . " was duplicated from the previous para- graph. The motion to approve the corrected minutes passed 6 to 0 with T. Henshaw abstaining because she was absent from the meeting. III. WRITTEN COMMUNICATIONS E. Johnson -stated that a letter from Michael Garrison of the U.S.G.S. had been distributed at the meeting. The letter, received on January 27, concerned trail damage by mountain bikes on the Stevens Creek Nature Trail. D. Hansen summarized his draft reply to Mr. Garrison 's concerns and E. Shelley stated the Board ' s consensus that it be sent. IV. ADOPTION OF AGENDA E. Shelley stated the agenda was adopted by Board consensus . V. BOARD BUSINESS A. Open Space Management Five Year Staffing Master Plan (Report R-86-14 dated February 7, 1986) D. Hansen summarized the report, saying it is the basis of the Land Management staffing recommendations for the next five years.. He said he was requesting immediate filling of the Administrative Assistant position, the Supervising Ranger positions, and one additional Ranger position and that the longer term recommendations for additional positions should be considered by the Budget Committee and the Board. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Marry A.Turner,Daniel G.Wendin Page two H. Grench notea .:hat current Land Management Budget Guidelines call for a maximum of inflation plus 2% of the growth in tax revenues , but that those guidelines are no longer compatible with the District' s stewardship policy and level of usage of District lands . He said the recommended staffing plan applications would represent 14% real growth over the inflation factor. D. Hansen discussed the need for an increased Ranger staff, citing figures showing District acreage that has nearly doubled and distant pre- serves that have quadrupled. He noted that the planning staff is backlogged due to increased responsibilities and heavier workloads. D. Wendin stated his position that Lead Ranger grade changes should not be acted upon in the present meeting. Discussion centered on budget considerations and the desirability of additional time to study the recommendations and their impacts to the budget. D. Hansen said that specific job descriptions and salary ranges for the positions -being recommended for filling imme- diately will bereturned to the Board at its meeting of February 26. Motion: N. Hanko moved that the report be referred to the Budget Committee for review. D. Wendin seconded the motion. The motion passed 7 to 0 . E. Shelley called a recess at 9 :20 P.M. and reconvened the meeting at 9 :25 P.M. T. Henshaw was absent from the remainder of the meeting. B. Mid-Year Program Evaluation for 1985-1986 and Setting of Priorities for 1986-1987 (Report R-86-13 dated February 5, 1986) E. Shelley stated the Board's consensus to review the Public Communications Program Objectives and Key Projects and Activities first. M. Hale summarized the new direction being proposed for the program, including production of all publications and printed materials; development of a new logo; production of a coordinated series of site maps , visitors ' guides and all site brochures; production of informative publications about preserves , programs and policies (including eminent domain and land acquisition policies and proce- dures and the Good Neighbor Program) . A site tour or major public event at Hassler was also included in the Program' s Key Projects and Activities . N. Hanko stated she supports keeping the present logo. D. Wendin said he would like to continue as Key Projects and Activitie's the Board's relationships with Boards of Supervisors and County Parks and Recreation Commissioners , especially to con- tinue the effort that was made with San Mateo County. N. Hanko added her support to his comment. She added that she would pre- fer the District display be exhibited at various locations on a temporary basis rather than having permanent displays. D. Wendin noted the possibility of having new Board members after elections who would need educational help and orientation to the District and that this work should be included in the program. H. Grench responded that the continuing relationship with other public entities has not been dropped and was intended to he in- cluded in the Program' s Action Plan under Typical Projects and Activities . Page three Motion: R. Bishop moved that a tour of various preserves for the San Mateo County Board of Supervisors in the first half of 1988 be added to the Action Plan. N. Hanko seconded the motion. Discussion : D. Wendin noted that the Board has considerable questions concerning the program and that he would like to see a revised program before tentative adoption. Motion to Amend: D. Wendin moved to amend the motion to note that the land tour is just an example of the kind of activity but that what is desired is that the relation- ship with the San Mateo County Board of Supervisors be raised to a Key Project and Activity status . H. Turner seconded the motion to amend. The motion to amend passed 6 to 0 . The main motion passed 6 to 0. Motion: N. Hanko moved that the redesign of the logo be removed from the report. R. Bishop said he was not ready to vote on the matter at the present time. K. Duffy said she agreed with the concept of a new logo. E. Shelley said it may be an appropriate time to study the subject. M. Hale stated she would present some possible design (s) in the next few weeks. E. Shelley stated the Board' s consensus to consider ideas for a new logo. He stated that the motion died for lack of a second. D. Wendin noted that paragraph 3 on page fifteen should be rewritten to state: "Return to the Board with recom- mendations for a new logo and produce if approved. " K. Duffy requested that since there is a new site in Los Gatos, a tour and public event for the Los Gatos Creek Park in coordination with the Town of Los Gatos be added to the tour and/or major public event at Hassler. Motion: R. Bishop moved that the item be continued to the next Board meeting. N. Hanko seconded the motion. The motion passed 6 to 0. Discussion followed on whether to adopt tentatively any part of the Public Communications Program. Motion: D. Wendin moved to reconsider the continuation motion. N. Hankc, seconded the motion. The motion passed 6 to 0. Motion: D. Wendin moved that the Board adopt tentatively the Public Communications Program with modifications made by the Board so that staff may begin working on the Action Plan for the Public Communications Program. N. Hanko seconded the motion. Motion to Amend: K. Duffy moved that the motion be amended to include a Novitiate tour as a Key Project. N. Hanko seconded the motion. After discussion to strike the word "major" in number' 7 of the Proposed Key Projects and Activities and to add the Novitiate site tour/public event, K. Duffy withdrew her motion with permission of her seconder. Page four Motion to Amend: R. Bishop moved that the word "major" be deleted from Key Project and Activity Number 7 and that the Novitiate be added. N . Hanko seconded the motion. The motion to amend failed to pass by the following vote: Ayes: K. Duffy, R. Bishop, and N. Hanko. Noes: E. Shelley, H. Turner, and D. Wendin. E. Shelley stated that since so many changes had been suggested for the Program, the Board needs to see staff 's revised recommendations more than once again before final adoption, and that the Board needs to get a revised Pro- gram with most of the elements suggested. H. Grench recommended that the discussion of the rest of the Action Plan program be continued until the next meeting and that Public Communications could be picked up at the time the Action Plan is presented in March. If more discussion is needed at that time , then it can be continued. N. Hanko suggested staff could present it to the Board in tentative form in Mardh. D. Wendin stated his willingness to change the motion from "tentatively adopt" to "direct staff to return at the March 26 meeting with a Preliminary Action Plan based on staff ' s presentation and Board comments tonight". N. Hanko as seconder agreed to the change. The main motion passed 6 to 0 . Motion: N. Hanko moved that the Board continue the remainder of the Action Plan to the next meeting. D. Wendin seconded the motion. The motion passed 6 to 0 . C. Proposed Changes to Rules of ProcedureConcerning District Holidays and Recitation of Pledge of Allegiance (Memorandum M-86-13 dated January 27 , 1986) In the absence of T. Henshaw, E. Shelley stated the Board' s con- sensus to continue the agendaitem to the next Regular Board Meeting. D. Proposed Support of the "Deep Pocket". Initiative (Memorandum M-86-14 dated January 30 , 1986) H. Grench noted that the resolution supports the campaign to pass a Constitutional Initiative which would reform the "Deep Pocket Doctrine" by holding liability lawsuit defendants financially liable in 'c'loser proportion to their degree of fault. Motion: N. Hanko moved that the Board adopt Resolution 86-13 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District in Support of the "Fair Responsibility Act of 1986" . R.- Bishop seconded the motion. The motion passed 6 to 0. E. Request to Convert Public Communications Secretary Position to Full Time and to Create Receptionist-Typist Position (Memorandum M-86-15 dated February- 3 , 1-986) H. Grench noted that the Public Communications Coordinator is now a full time position and that a full-time secretarial support Position is justified. He said that, while the Board is also being asked to approve creation of a full time Receptionist-Typist',. Position, the position will initially be filled on a half-time basis . Page five Motion: H. Tu_er moved that the Board approve the permanent increase of the Secretary, Public Communications to a regular, full-time secretarial position, approve the creation of the Receptionist-Typist classification and assign a salary range of Step Number 150-180, and authorize the establishment of a regular, up to full-time-equivalent Receptionist-Typist position with authorization to the General Manager to fill the position. N. Hanko seconded the motion. The motion passed 6 to 0 . F. Deferred Compensation Plan for District Employees (Memorandum M-86-16 dated February 6 , 1986) H. Grench reported that the plan would not have to be a significant expense to the District other than in-house administrative work of getting information from vendors and working with the Plan Administrator. Motion: N. Hanko moved that the Board adopt Resolution 86-14, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving a Deferred Com- pensation Plan, Approving Employee Participants .in the Plan and Appointing an Administrator. H. Turner seconded the motion. The motion passed 6 to 0 . G. Proposed- _ Changes to Rules of Procedure Concerning District Holi- days ii—nd Recitation of Pledge of Allegiance to the Flag (Continued) Motion: D. Wendin moved that the Board continue the agenda item to its next meeting. E. Shelley seconded the motion. The motion passed 6 to 0 VI. INFORMATIONAL REPORTS J. Fiddes reported that new office plans have been submitted to the City of Mountain View for approval and that a tentative moving date is late March or early April. D. Hansen reported that staff had conducted a neighborhood meeting at Mt. Umunhum attended by nearly 70 people and by representatives of the Sheriff 's office and the California Department of Forestry. He said it it was a good first step in establishing better relationships with the neighbors. D. Wendin stated the next Board meeting agenda will include an ordinance which should complete the Eminent Domain study project. He said the Committee will be meeting on February 19 to discuss the Brown Act Imple- mentation, Acquisition of Land Outside District , and Annexation. , H. Turner said he would like to have Board members tour Windy Hill, that there are some development threats, and there are some opportunities for saving the land. N. Hanko stated she would be willing to attend the Budget Committee meeting on February 18 in place of K. Duffy who will be unable to attend. VII.. _ CLAIMS Motion: R. Bishop moved approval of Revised Claims 86-03 . N. Hanko seconded the motion. The motion passed 6 to 0. VIII. CLOSED SESSION S. Norton announced that no litigation would be discussed in Closed Session. The Board recessed to Closed Session at 10 :55- P.M. IX. ADJOURNMENT The Board reconvened to adjourn the meeting at 11: 30 P.M. Enna Johnson Secretary CLAIMS No. 86-03 N-eting 86-04 MIDPENINSULA P.E+-IONAL OPEN SPACE DISTRICT Dates Feb. 12, 1986 .0 L A I REVISED RI S Amount Name Description 9120 13.64 AmeriGas Tank Rental 9121 486. 12 AT&T Information Systems Te1eYi-ro„e equipment 9122 220.99 Boss Manufacturing Company Field Supplies . 9123 42.50 L. Craig Britton Reimbursement--Membership Dues 9124 1 ,000.00 California Advocates, Inc. Legislative Consultant Fee--January 9125 35.10 California Paint E Wallpaper Field Supplies 9126 126.90 Clark's Auto Parts and Machine Shop Parts for District Vehicles 9127 30.00 Patrick Congdon Reimbursement--Topo Maps 9128 98.62 Alice Cummings Reimbursement--Library Books 9129 91 .44 Day-Timers, Inc. Office Supplies 9130 13.48 El Monte Stationers Office Supplies 9131 375.00 First American Title Insurance Co. Preliminary Title Reports 9132 261 .49 First Interstate Sank Note Paying Agent 9133 500.00 Foss & Associates Personnel Consulting Fee--January 9134 340.00 General Services Agency Radio Dispatch Services County of Santa Clara 9135 ' 1 ,226.52 Herbert Grench Reimbursement--Meal Conference and Conference Travel Expense 9136 7.57 Harbinger Communications Computer Services 9137 2,940.34 Hodnick Design Consulting Fee--Office Space 9138 407.83 Home Electrical Field Supplies 9139 251 .66 Honeywell Protection Services Alarm Service 9140 35.62 The Hub Schneider's Uniform Expense i9141 26.19 Hubbard and Johnson Field Supplies 9142 33.60 Jobs Available Advertisement for Ranger Position 9143 5,366.44 Keller and Daseking, Architects Hassler Site Renovation 9144 24.00 Landscape Architecture Subscription 9145 773.08 Lawrence Tire Service, Inc. Tires for District Vehicles 9146 22.25 Los Altos Garbage Company Dumpster Service 9147 15.00 Meredith Community Newspapers Subscription 9148 438.03 Minton's Lumber and Supply Field Supplies 9149 64.22 Mobil Oil Company Fuel for District Vehicles 9150 . 139.10 Monta Vista Garden Center Field Supplies 9151 775.75 Noble Ford Tractor, Inc. Field Equipment 9152 11 .56 Stanley R. Norton December Expense . - CIAIrS No. 86-0 Meeting 86-04 MIDPENINSULA REGZONAI, OPEN SPACE DISTRICT Date: Feb. 12, 1986 C L A I M S REVISED r Amount Name Description 9153 7,500.00 Ortha Zebroski , Landscape Architect Topcg,aphic Survey Work--Purisima an Skyline Ridge Open Space Preserves 9154 644.82 Pacific Bell Telephone Service 9155 389.22 Pacific Gas and. Electric Company Utilities 9156 7.39 Peninsula Blueprint, Inc. Drafting Supplies 9157 1 ,090.98 Peninsula Oil Company Fuel for District Vehicles !I 9158 30.00 Peninsula Proflame Tank Rental 9159 45.21 Rancho Hardware _ Field Supplies 9160 134.80 The Sacramento Bee Advertisement for Ranger Position 9161 281 .20 San Francisco Newspaper Agency Advertisement for Ranger Position 9162 101 .08 San Francisco Elmer Department Water Service 9163 165.60 San Jose Mercury News . Advertisement for Ranger Position 9164 78.20 The San Mateo Times Newspaper Group Advertisement for Ranger Position 9165 729.57 Shell Oil Company Repairs and Fuel for District Vehicles 9166 14.54 Skyline County Water Department Water Service 9167 130.00 The Tribune Advertisement for Ranger Position 9168 203.44 Union Oil Company of California Fuel for District Vehicles 9169 200.00 Sandy Voorhees Reimbursement--Educational Assis- tance 9170 50.00 Burt Wallrich Reimbursement--Travel Expenses 9171 23. 10 Western Govermental Research Advertisement for Ranger Position Association 9172 102.72 West Publishing Company Resource Documents 9173 97. 17 Del Woods Private Vehicle Expense 9174 46.46 Yardbird Equipment Sales Equipment Repair 9175 800.00 United States Postmaster Postage Meter 9176 89.00 The Travel Place Conference Travel Expense 9177 500.00 Orrick, Herrington and Sutcliffe Legal Fees 9178 260.00 Outdoor Recreation Council of Conference Registration--David British Columbia Hansen and Del Woods 9179 186.60 Petty Cash Meal Conferences, Field and Office Supplies, Film and Maps ,I R-86-15 (Meeting 86-05 February 26, 1986) r i 18 February 1986 1 To: Board of Directors MidpKinsub Regional Openspace District From. Eminent Domain Committee o, Bishop, W ' ) Subject Final Report- Emimnt Domain ` Your committee met29 January 1986 in an open meeting to incorporate the chuages adopted by you at your special mwWW on 15 Jamwy, 1986. These chwW are marked in bold on the attached copy(Version 8, 29 Jwaary 1986). A fev additonal 1h, s vere made to insure consistent use of the words "Board" and "District". We direct your aftention especially to: lA►rtcle 2-Deletion of language giving to { institutiond and commercial ovners. fArtcles 3 and 4-Musionof harsher laqRV for izzttutiowl and commercial ovners. 1 Article 8-Minin=publicity procedures. } Deletion of old Article 9 and chop to third paragWh of the preamble Elim�ion of the ExemVfion Contacts. 1 Article 9(g)-nonspecific stwxWt for threat to natural resources. 1 i ti 1 1 1 1 POLICIES REGARDING USE OF EMINENT DOMAN Mid peninsula Regional Open Space District Version 8 29 January 86 It is the desire of the Midpe it imula Regional trpen,space District to acquire open space from villing sellers. Eminent domain may be used only vithin the planning areas designated in the District's Master Flan in those instances where all reasonable attempts at voluntary negotiations fail and the property in question is necessary to the open space program of the District,and vhere there are no feasible current or prospective alternate acquisitions that would achieve the District's objectives. Properties vithin the District's sphere of influence outside the District's boundaries shall be treated as being in the planning areas designated in the District's Master Plan. This provision shall remain in effect until tie District's Master Plan has been arfrended to include or exclude such properties from such planning areas. In negotiations or discussions vith landowners,the Distict stuff shall not threaten eminent domain but vill explain relevant lav and District policy. The Board of Directors of the District shall approve a brochure vhich shall explain this policy,include information on the use of arbitration, open space easements and contracts,and life estates,for example, and viU encourage private open space preservation. In establishing routes for trails,the District shall plan in consultation with and respect the privacy of developed communities. USE 4F EMINENT DOMAIN 1. Improved pmpertp, not subdividable Eminent domain shall not be used to acquire all or any par of an improved property that is not susceptible to further subdivision,except ae provided in Section 5(Trail)below. 2. Unimprraved properly!, not subdividable Eminent domain shall not be used to acquire all or any part of an unimproved property that is not susceptible to further subdivision if the property is in a clearly defined developed community, except as provided in Section 5(Trails)below. Further,until such tirne as the District has completed a revision of its Master Flan and established a standard or standards vhich identify such properties or catagories of property that will not be subject to eminent domain,all other unimproved property not susceptible to further subdivision shall be subject to eminent domain only vhen the Board has determined at a public hearing that the property is clearly threatened by development or degradation of natural resources,except as provided in Section 5(Trails)below. DELETION. 3. Improved_, subdividable pmpertg Except as provided in Section 5(Trails)belov,eminent domain may be used to acquire all or any part of an improved property vhich is susceptible to further subdivision only when the Board has determined at a public hearing that the property is clearly threatened by development or degradation of natural resources, or if mare than 50%of the fee interest of the property is held by Wituitioual or commercial.entities. However: a, if 50%or Mess of the fee interest of the property is by insitut oral or commercial entities,fine improvements and appurtenant structures,and surrounding lands of no less than minimum lot size under the existing zoning district,shall be exempt, and b. the owner shall be entitled W reUdn such easements as an needed for reasonable access and we of the property. 4. UWaprave , subdividable P pt .— Except as provided in Section 5(Trails)below,err&ent domain may be used to acquire all or any pan of an unimproved property which is susceptible to further subdivision only when the Board has determined at a public hearing that the property is clearly threatened by development or degradation of natural resources, or if more U_m 50%of the fee interest of the pjg erty is held by iwitutioud or commercial entities. S. TrW3 If a portion of a property is required to connect two or more publicly owned park or open space panels,eminent domain may be used, subject to legal requirements and the following conditions: a. the Board finds it necessary to provide a trail connection between the parcels,and b. the District has been unable by voluntary maw to acquire land to connect the panels with a safe and useful tail,including significantly longer and less convenient t,82 routs,and c. the land for the connecting trail shall not exceed 50 feet in width,and shall be as far from any existing structure and as close to the property line as practicable,and d. the owner shall have the opportunity to designate any additional portions of hislher land which may be included by the District in the acquisition,and e. the owner shall be entitled to retain an easement over the land acquired by the District,where necessary,for access to the land retained by the owner. 6. Road access for patrol pwp g3_es Notwithstanding arty other provision of this policy,the District may consider the we of eminent domain to perfect rights in an existing road for we for patrol purposes. 7. Consent of ovuers Notwithstanding any other provision of this policy,the District may consider we of eminent domain when the owners of more than 50%of the fee interest in the property request or consent to such we. 8. Pimbficffy Policies and proposed changes pursuant to restraint of eminent domain shall be adopted by ordinance LO—Uni"a 10tic IM legally noticed and freely publicized(at least Ilu(I Q)Ajys prior to my pubicbearirta_and after any changes)in a manner designed to reach the attention of pnpIM qnM within the District's planning areas. Plablicity shall,include at a IMUM 9j!dAg native to MMRb-§R Of the Public Xh--Q hAVe aSMd 19 be notified, 10 QVIWKS Of PAP ylthiu ft District's P1#444g areas vhick are greater gm Meglty—(20). acres, pp kuoyn Lomeoywn' associations 3dtba the District's pa a §MW, to .& _l%pLg cities mA com-414#4 vfthiu the Djsgkt'3 sphere of JAfluence, to other o auftgLtow M!du a contin merest in IM District, to the District's neyslever ma" w list, ag via an itppmomr*V—PTess release. Old 9. 12MLEIND i i ORDINANCE NO. 86-1 ORDINANCE OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING POLICIES REGARDING USE OF EMINENT DOMAIN Be it ordained by the Board of Directors of the Midpeninsula Regional Open Space District as follows : Section 1. The Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt the policies contained in the document captioned "Policies Regarding Use of Eminent Domain, Midpeninsula Regional Open Space District" , a copy of which is affixed hereto as an exhibit and by reference made a part hereof. Section 2. A copy of this Ordinance including said exhibit shall be published once in a newspaper of general circulation printed, r published and circulated in the District. i i POLICIES REGARDING USE OF EMINENT DOMAN Midpeninsula Regional Open Space District 11 is the deo-,iyu-Of the Midperdrisuk-,Re Mortal Operi Space District to acquire opert space f:rcjff,,Tvtli,1 sellers. EiriiiLeiitdorririrL may be used omit within Planrdrq,areas designoled in the District's master Plan in 11jr-ISe iris,Wicps-y1hele all lew-OLatile atteMpts at volluilmy riegotiations fail ald t1le. propei-t.yirLqi)f,-stirini:rv,-crs3a1:.?t):)tlipop L pace re� uji er s , p 0 r of the District;and ;here there alp, rio feasible C-urelit or Pyos'pectre alterro-V-.acqiiisitiow ilie-would achie%retrip,District's objectkie.s. Properties vithin the DistdcV.-Sphere Of influence outside the DinFict's bo-Luviaries shall be.,treated as beirq, irL tie plarcrarq areas desig,rvmed in flip,District's Master P1,511. This provision shall remairt in effect luttil the District's Mastay Plwn has been simended to include or e;,.-clude such properties from f"wh plartrdrq IIL negotiations or discussions with larido-vfns,tke Dtsfict stiff shall not tilreatell eminew dormirt bill will.explain fele"r-ara hnw and Distcict policy. 'Ihe Board of Directors of tie District shall approve a brochure vhich shall explain tA-", pOh-.71,indnie irLforfn&6:)rL on trip,we of arbitra6m,open space easemeras and Contfacts,Culd lift,estates,for example,31vi Vill.erlcows'�(-Pikvale Open Space presen-atiort. lit establishing routes for trails,the District shall plan in consultitiort with and respect the pit wryof de;.,eloped coininuidties. USE OF EMINENT DOMAIN 1. Improved property, not subdividable E)T&ierLt domairt shall not be used to acqvire all or any part of art irnproved property that is not susceptible try further subdivision,except as provided in'Slect-irt 5(Trails)belov. 2. Unim proved poL-pf -�y, not subdividable Eyrihierit domain shall wt be used to mrqljire all Or any Parr.Of art unimproved property that is not ,wceptible U)ftuther subdkn,,iori if the property is in a clearly defined developed comumidty, except as pro-%.-Aed in Section 5(Trails)below. Further,until such time As tIv-,- District has completed a revision of its Master Plan ard est-kblshed a svindaid or standards vhich identify sm,h p ro p e,ite z.or c wag!o rie s 0 f p ro p e fry that no t be subject z e mine rLt d o rinirt, all.o#ip,r ux&npioved pioperov not susceptible to foi-ther subdivision shall be subject to eminent dOTMin ord-%,-ihers the. Board has detfmi'Aried at a piAlic hewirtg, that the property is clearly threalerLed by de-velopi-neril or degradation Of natmal resources, except as provided iri �'ecton 5(Trails) belov. 3. Improved, subdividable property Except as provided in ;'.!ectiOYL 5(Trails)belo-w,,einirnit domain imty be used to srqi)iit,-all or arty part.of antnproved property-uhich is susceptible X,fuither smildkvision ordy when the Board has determi-ried at a public heuirC-1 that the Property is clearly t1freatemed by deveicipment of de^rra,lazv,n of natural resources, Or if More than 50",4��of the fee iriterest Of the property is held by insitutiorial or comfiercizd entities. Homrever: a. if of less of the fee interest of the properly is held by irisitutiorial or commercial entities, the improverfieritz,and appI)IV'IL-,fXLt Strup'tuses;and sm-ro-0-rdirug Jarvis of ric, less thart TfiiI&ffu]rfI lot st,e 111ILdel the existirt,,, dj2,tdo, shall be exempt,and 11, the o-viier shall be eyttitltd 10 fet,dh SUCh Pasefflelit:.,as are rieeded for rew:oriable access-and use of the property. 4. UAimproved, subdividable plo Except as provided in Section 5(Tr,3j,,-)belo-mT,erninerit doramin may be used t)-j acipae aE or axiy Part Of an urtimproved property is 3113ceptble to further subilkv-L-sion only ;--haft the Board has determined at a public bpj&L,#131 t1it PrOPelt"r is clie,-311Y thrP,-av-I ted by de-r elopment or degradaton of rv-:au'd resources,or if if-ire tly-tyL Of the fee- interest of the Properly is,yield by insitivk-iml or comynerci-d entities. 5. Trails If a portion of a.property is required tjD cOrErt8ct t7VO Or)YirjrP, plxtjhclv O-vfied park or open space, parceLs,eirninerit domm may be w-ed,subject to 1eqUileffient'uLd tTIP, COILditions.* a. tree Baud finds it rteceSswy to provide a trail connection berzyTert tlff,-parcels, aryl b. the District has been urrable by vol untaxy areas to v. Viie land to cortttect the parcels -vith a safe aryl useful trail,ind-uAing sigraficarttly luager and less convardera trail rowf,-s,alul c. the land for the connectrig trail shall not exceed 50 feet in 6ith,aryl shall be as fax from any existing stRictme and as close to the property iiiie as practicable, arld d. the oirner shall nave the opportiudty to designate vky additiortal poltolis of U:ffier 1and -%%?-I&,h rfiay be incluied by the District in the acquisition,5xtd e. tljp, olvrter shall be entitled tri retain 81L easeri-2W over the lard sEquired by Tlie Disvict,m7here -necess-ary,for access to the land retained by the omrnei. 6. Road access for patrol purposes Not-vitl1swiding alky.Other provision of this policy,the District may.cons jer tile 11se of e.glifle,11 domain to perfect rights ii t art existing,ro aA for use for patrol purpose:. 7. Consent of ovners Not.withstainding emy other provision of Ns,poll;y,the Distdct may consider use of eminent dr-triukrL tiers the 0.7taters of more tm 50}�of the fee interest in the property request or Corona to such use. S. Publicity Policies Rxid proposed chast-ges Punvult to restraira of eyfiiriera doynairt shall tie.ado pv�d b,,.,o-filiYu.t-lop, follo"vira,.5.public rrarrxt r, legally noticed sid freely publicised(at least tan(10)d; public healing and dley axty clg-ixc:�,es)in a Ynalmey desi;-zned to Yewh tha ,:meftdoYL of pfop ,iT.,c cryfj�j, e %vithin the District's plaw drig. axe-,tz. PiAlic-ity strap mchide at a YfAr&rw.Tjj zv_ fi.ofire tJ= rrJerJibars of 'lie public hwie asked to tie notified, to O7W1L&13 Of P1011eltes, "Athill tile. Di-;tu~C-T's pl-jILY&L". ayem, ,vt&-h are!- city hrt - rit (20rres to lu.0 sciati- Dl) ihrht : area to to cites ard Cowities within the Dizrrict's spheye. of iYaliAe.jLce., to othl?y oygaxLat; hm.VixLrj'.a.contirwkcz interest in the District, to The Districts nee letterho! axLd applopilav,-press release. 9. Definitions a. irnproverrient---legal residences,excluding trailers and ternporasy structures,rneetirt�r the applicable.Uldforfn Holisirtg Cede. To qulslify.,a rfiobule lirjrfe rfluut have a permit"C'a perrnanerd residence. b. improved --- conttaiirtirkg at least one irftprov7ernertt. C. property ---orte or more contiglIOXIS assessor's parcels,under orte ovnersr,ip. d. susceptible to further subdiviSiort--- dig ided or dividable irtio t-o or rfiore lege'd bilildirtg site: under apphemble zorft'regulations (including pre--exist4g legal but noel-conforming, bulaldirtg sites). e. i stitutioned or coaffnerci l o-yrtersrip---including,but not lirrAted to,prkm'-or public egencies or schools(except public scbjols),chtucries,ill-;estment part ems rips and corporations,exceptutg irtdiv-idwil or iirfrnediate farribr om7tership truoligh a farfAl;mast,p.,:cmersbip or corporation hose purposes are not priirktrily:dedicated to 1:�itd specukttion ndlor development int:estinplLt. f. clearly threatened by developrnertt---aictirities rr hich may be considered by tee Board in rftaliing its determination rnav include, but riot be liraited to, filing of a subdivris=un applicat-in, prelirfArvin concept plant or otter docurnertt relating to sl,bdhriziort of properly,or fill vc, a division of ovftersrtip,or filirug art applicatiort for zortirtg chins e for irucrea ed densitv-. g. clearly trreaterted by deg "Viatiort of natual resouuces--_ actknties wbicrt nacre or could cause si`�rdficant de-gradatiort of natural resources,excludirvg surri Rctivities required for public health and safety. 10. Decisions of the Board. T71ese policies are intended solely for tree "llidUuce of the Board in the exercise of its discretion and are riot iiarrtded to give rise to priva:re i'i,ghts or causes of action in irtdivndiml;or o#IPr persj pro. The Board sryall be the firv,-d arbiter as to anyr question of irttarpretatiort of these policies. i } i 1 9. Defiinitions 1 � a. improvement---legal residences,excluding trailers and temporary structures,meeting the applicable Uniform Housing Code. To qualify,a mobile home must have a permit we permanent residence. 1 {j b. improved---containing at least one improvement. { c. property---one or more contiguous assessor's parcels under one owership. d. susceptible to further subdivision---divided or dividable into tvo or more legal building sites under applicable zoning regulations(including pre-existing legal but non-conforming building sites). e. institutional or commercial owership---including,but not limited to,private or public agencies or schools(except public schools),churches,investment partnerships and corporations,excepting individual or immediate family ownership through a family trust,partnership or corporation whose purposes are not primarily dedicated to land speculation i arWor development investment. f. clearly threatened by development---activities which may be considered by the Board in making Its determination may include,but not be limited to,filing of a subdivision application,preliminary concept plan or other document relating to subdivision of property,or filing a division of ownership,or filing an application for zoning change for increased density. j g. clearly threatened by degradation of natural resources---activities Which lM or could cause sknific nt d grolalion of natural resowes, excluftg such activities required for public hearth LM 10. Decisions of the Boad. l These policies are intended solely for the guidance of the Bout in the exercise of its discretion and are not intended tD give rise to private rights or causes of action in individuals or other persons. The Ro jgd shall be the final arbiter as to any question of interpretation of these policies. ; � l i � I I 1 Presented to "lard of Directors by Director N . ko at February 26 meeting Proposed amendments to Eminent Domain Policy 1. Improved property, not subdividable Eminent domain shall not be used to acquire all or any part of an improved property that is not susceptible to further subdiv- ision, except as provided in section 5 (Trails ) below; provided (•Edd underlined that any property from which a trail easement is being considered phrase ) must be larger than forty acres in size aii a must have_a common_ boundary with a public highway for the entire length of the trail easement. 5. Trails ( delete ) d. (delete) 8. Publicity ( new Changes proposed to policies that restrain use of eminent domain beginning shall be adopted by ordinance following a public hearing, legally sentence ) noticed and freely publicized at least ten ( 10 ) days prior to an public hearing held to consider such changes in a manner designed to reach tha attention of property owners within the District's plan- ning areas. ( new first sentence ) 9 . Definitions f. clearly threatened by development---activities which may be considered by the Board in making its determination may include , (remove under- but not be limited to, filing of a subdivision application, prelimin- lined phrase ) ary concept plan or other document relating to subdivision of pro- perty , or filing a division of ownership, or filing an application for zoning change for increased density. from N. Hanko i tributed to Board at February 26, 1986 Board meeting Edward Shelley MidPeninsul-n Regional Open Space Distric-, 375 Diste,! Circle, Suite D-1 Los Altos, California 94022 Febuary 25, 1986 Dear Edwar-d :S/,e /-/-e/, This letter is to urge you to exempt single family lots from eminent domain for trail use. We have invested alot of time, energy, and love into our property and feel it is unfair to open any part of our property to the public . There are many beautiful areas for hiking and there is little need for trails to run through privately owned single family lots. Most of the hikers I have talked with feel uncomfortable hiking on land which is occupied . If a need arises to link up two pieces of open space land I think you will find alternative methods easily available . Most hikers would not object if the trail was extended several miles around the property to avoid condemnation for a trail through a single family lot. Please I urge you to consider all of the trails already in existence and to stop the condemnation Of property that is so precious to those of us who happen to wmnr- to live away from populated areas. Thank you for allowing us to voice our feelings on these important issues. Sincerely, Candace Stone Copie f this petition ( 20 pages total , ,sere received by the Board of Directors at the February 26 , 1986 Board meeting . All petition sheets M . R _ O _ S _ p _ EM I NENT r>OMA I N F�IE-r I Y I ON are available at the District office WE THE UNDERSIGNED FEEL EMINENT DOMAIN FORrTRAILSpublicSHOULDcti NOTnBE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource. They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker. 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) A. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations. - NAME ADDRESS PHONE NUMBER —_ , 3 C g 3 57Ss' { n � 00 Xr UK 4 ce, J S,►/ l �.� Copies this petition ( 20 pages total ; ere received by the Board of Directors at the February 26 , 1986 Board meeting . All petition sheets M - R - O - S - O - EM I NENT 00MA I N PET I T I ON are available at the District office WE THE UNDERSIGNED FEEL EMINENT DOMAIN FORrTRAILSpublicSHOULDcti NOTnBE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life, and is a low quality experience for the hiker. 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) A. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations. NAME ADDRESS PHONE NUMBER • � � � /I /,�/6 �� -sue -/ i / G� 7 G ZG V _ C. 3SS3 0 S &01 r � l G ''C- M - F? _ 0 _ S - _ EM I I'V1=NT DOMA I N PET I I'- I ON WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation . 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life , and is a low quality experience for the hiker. 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations . / NAME ADDRESS PHONE NUMBER 7 - !. i Z M - - 0 EM I i%AEM-r DClMA I N PET I -T I CIN WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) A. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE NUMBER ALA Pt v,2,4 M _ R _ O _ S . 0 _ EM I NENT OOMA I N PET I -r I ON WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource. They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life, and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for p thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations. NAME ADDRESS PHONE NUMBER _ +� /6,y, " 2-- . � [�ae Sca.-cam --6t(C' Y 7 L — �'y >?� 609/�I'fL•I S '19y Al'i,f�f iSJ SGl-ors M U _ S _ 01 _ EM I NE[VT 00Mfi� I fV PFET I T 101N WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails area renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) -. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations . 4-:? 4 ---- �� - - 9� .- 0 0 -et -Cg-L-- �� 6 a- M - F2 - O _ S _ d _ EO�i I iVEM1T C1OMA I N FEET I T I ON WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUSDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation . 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life , and is a low quality -experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Govern,nent owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another , evert if it takes a few generations . NAME ADDRESS PHONE NUMBER / v�tc_�� ell -.�� a ..��d 7- ,.1 /lam S =(• -L 2-�'�— 21/ ✓',,?'ire�� 'ii� / �� `'' '�f'7�'l !f Z -L_ v - 'p b !z �o sf - 3 7-Y ct .5 ,7 M _ FR _ O _ a _ f> . 1:M I NE:NT DOMA I N F=>E=—'T I T 10N WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on familylife , i fe , and is a low quality experience for the hiker . 3 . Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE NUMBER l "V ! k ova,'FUU _'sk' JGi✓y1� ICtc_IV iK�-tiv aC 4�C� rn �IU7� Cl �r M - _ C3 _ S _ © _ EM I MINT COMA I N PIET I T I C7FV WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only Devalues the property , but has a significant effect on family life , and is a iow quality experience for the hiker . 3 . Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails cn existing Government owned land (the largest owner of land in Ca_ ifornia) 4. There are thousands of acres of land available on the open market and all iand is availabie at one time or another, even if it takes a few generations. NAME� ADDRESS PHONE NUMBER 4_11-Dock)---- 1-135 Qi ckham_Cour-�" man/Jose (q0�IZ9`1 034 ---� - -% f ` ✓r1-CAL_-�� _____��i�4e.�LG��.��C��..�__ `�I �' -`�`�. ,, -- a L_ Utz_ -U P M - - O - S - O - EM I NE_NT OOMA I N FAT I `r- ION WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor, of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a lca =! - :,�.. Dui the hiker . 3 . Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open I narket and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE NUMBER 17, -s p o?' �'�.0 ✓, r ;E� u� . . u�"�-� v�� C��,��t ��/��;.��i' Gam' � 9��7,`� .�S`r-z�s�� r t -e i M _ R _ - t� _ S _ ® _ E M � t�J E i�i�- ooM� zr,� ��.-rz rzc3N WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDTVADABLE LOTS DUE TO THE FOLLOWING FACTS. I 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for tt�e hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations. NAME ADDRESS PHONE NUMBER 22 IN t> > /�on>r c% o n) i �.�— s 'r 1 M 0 EM I nxE:NT OOMA I N PST I -r 1 01,S1 WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO 'THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2 . A trail through a homeowners back yard not, only devalues the property, but has a significant effect on family life , and is a low quality experience for the hiker. 3. Thousands of Wailes of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) A. There are thousands of acres of land available on the open Market and all land is available at one time or another , even if it takes a few generations. NAME ADDRESS PHONE NUMBER Oo61 7 V , i?2 LC/fc r) JDU x7.a h P nY tip- M . F2 - 0 _ ID . EM I fVaN-r ©OMA I N PaY I T 10jN WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life , and is a low quality experience for the hiker . 3 . Thousands of wiles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the, open market and all land is available at one time or another, even if it takes a few generations. NAME ADDRESS PHONE NUMBER I 10 14 P v y S N1 U. f n �? 7 S -G o' M - R - O - S - O - EM I N1:NT L OMA I N F--'ET I T I OM WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations. N E ADDRESS PHONE NUMBER M - F Z - 0 - S - 0 - E M I :_�;* I PA IF31w-IF -IF o pj WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDI`JADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation . 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open narket and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE NUMBER 4 N • M _ FZ _ 0 _ S _ ® _ EM I NEr%JT 00MA I rq PET I T I C7N WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE NUMBER M - R - 0 - - - EM I NE:NT D©mA I N P1:T I 'T I or-j WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOM-OWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open ■arket and all land is available at one time or another , even if it takes a few generations . NAM£. ADDRESS PHONE NUMBER i M - R - O - - O - EMINENT DOMAIN RETITION WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life , and is a low quality experience for the hiker. i 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) i 4. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations. NAME ADDRESS PHONE NUMBER z / r 47 15 Y, CA 5) 3 7- 7:3�1 �"• • C %'•� "Vi mil% =y Z�Zu cr �J z��qJ. ,yj �1� / 1z_Al. 1`- 3 11-3 '3 6 ! n �' 2Ca f I� D(�- W ALA • Z�G' S' `�/� o�'�JSc A o /�..1:I iJ �/+1 J.lr i - •� hl��\ 1 'alv.-h?�l{I f7-.1.,: M _ R . o _ s _ ® _ aM I NEEN-IF CpoMjr-� I N p1E-r- I -r I (DN WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT RE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or nece:,sity to warrant condemnation. 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles Of additional trails on existing Government owned land (the largest owner of land in California) A. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations. NAME ADDRESS PHONE NUMBER ' J -� _ /J�70 t M - FR - O - - C> - E M I f VENT 0 0 M rn, WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor Of significant rarity or necessity to warrant condemnation . 2. A trail through a homeowners back yard not only devalues the property , but has a significant; effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations. NAME ADDRESS PHONE NUMBER VI xy CP Ld-C-v ►5 365 03D2 - S • / ___lsZ[ �fF C (z V -.J�_ u�NYv.t� c Div - Cfl- 4►s��7� 11-86-19 (Meeting 86-05 February 26, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM February 14, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Services Manager SUBJECT: Mid-Year Program Evaluation for 1985-1986 and Setting of Priorities for 1986-1987 Recommendation: I recommend that, after discussion and possible modifications, you accept the program evaluation presented for the first part of fiscal year 1985-1986 and that you tentatively adopt the key projects and activities for 1986-1987 for the Open Space Acquisition, Open Space Management, and General Management and Program Support Programs. At this time, I plan to return to you at the March 26 meeting with the proposed Preliminary Action Plan for the 1986-1987 fiscal year. Typical Tasks and Activities sections will be included for all programs. The proposed key projects and activities for the Communications Program are being reviewed and will be modified to reflect vour actions and discussion at the February 12 meeting. Discussion: At your February 12 meeting, you considered the Public Communications and Governmental Liaison Program portion of this report. You continued the remainder of the report (see report R-86-13 of February 5, 1986) to your next Regular Meeting. At your February 26 meeting, staff will review progress for the initial part of the 1985-1986 fiscal year and proposed key projects and activities for the 1986-1987 fiscal vear for the Open Space Acquisition, Open Space Management, and General Management and Program Support Programs. As a followun to a portion of your February 12 discussion, I propose that the first 1986-1987 key project and activity in General Management and Program Support (page 21) be amended to read: 1. Provide required functions for the election of District Directors in Wards 1, 2 , 5 and 6 and 4amitiatize any new DitectoAz with the Dizttict'z activitiez . M-86-18 (Meeting 86-05 AA. February 26, 1986) A& oe MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 MEMORANDUM February 13, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Services Manager SUBJECT: Proposed Changes to Rules of Procedure Concerning District Holidays and Recitation of Pledge of Allegiance Consideration of this agenda item (see memorandum M-86-13 of January 27, 1986) was continued at your February 12 meeting until February 26 due to the lateness of the hour. Please contact the District office if you need another copy of the staff report. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin M-86-22 (Meeting 86-05 February 26 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM February 20 , 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: D. Hansen, Land Manager, and J. Fiddes , Administrative Services Manager SUBJECT: Request to Fill Certain Open Space Management Staffing Positions in Conjunction with Open Space Management Five Year Staffing Master Plan Recommendation : I recommend that you: 1. Approve the creation of the Administrative Assistant-Open Space Management classification and assign it a salary range of Step Num- ber 191 to 221 in the attached District 's Position Classification Plan with a corresponding monthly salary of $1888 to $2545 . 2. Authorize me to fill the Administrative Assistant-Open Space Manage- ment position on a regular, exempt, full-time basis based on the attached job specification. 3. Approve the creation of the Supervising Ranger classification and assign it a salary range of Step Number 201 to 231 in the attached District 's Position Classification Plan with a corresponding monthly salary of $2085 to $2810 . 4. Authorize me to fill three Supervising Ranger positions on a regular, non-exempt , full-time basis based on the attached job specification. 5. Approve the addition of a new Ranger position, authorize me to fill the position, and direct staff to refine the Ranger job specification to include occasional supervisorial and other tasks appropriate to the classification. This would be the District ' s ninth Ranger position. 6. Authorize me to transfer funds as necessary to cover salary, benefits , and related costs for the Supervising Ranger, Administrative Assistant, Ranger, the fourth Ranger Aide position, and the extra-hire Planner- Engineer position or consultant for the remainder of the fiscal year. Underspent salary and benefits moneys will be the first source of funding for this budget transfer, followed by any projected extra moneys in the Program's Services and Supplies budget. I am also requesting permission to transfer any needed funding, as a last resort, from surplus funds in the Program's fixed asset site preparation bud- get category. Approximately $30 ,000 maximum is required to fund the positions , salaries and appropriate benefits for the remainder of this fiscal year, and this figure will probably drop depending on the timing of new hires. Other related expenses for the new personnel may total approximately $7 ,000 . The salary and benefits budget category for the Open Space Management Program is approximately $13 ,000 underspent as of December 31 due mainly to position vacancies. M-86-22 Page Two 7 . Approve the acquisition of one new, fully-equipped Ranger vehicle and authorize me to acquire this vehicle and the replacement vehicle budgeted for 1985-1986 at this time. Staff had its first meeting this year with the Budget Committee on February 18 . We will be spending more time on both the 1986-1987 staffing plan and the five year plan It is my intent, once the Budget Committee has completed its study of the entire Master Plan, to return to you and request that you approve the concept of the Five Year Open Space Management Staffing Plan. This request will probably be made at the time the 1986-1987 budget is presented to you for adoption. Discussion: At your February 12 meeting, D. Hansen presented conceptually the proposed Open Space Management Five Year Staffing Master Plan (see report R-86-14 of February 7 , 1986) . You referred the report to the Budget Committee for review, particularly in terms of budget implications and the Open Space Management Budget Guidelines. He stated at the February 12 meeting that staff would return at your Feb- ruary 26 meeting to request 1) that you tentatively approve in concept the Five Year Open Space Management Staffing Plan; 2) that you approve some immediate staffing actions recommended, specifically: a) the creation and filling of the Supervising Ranger positions and the Administrative Assistant position, and b) approve the addition of one new Ranger position; and c) that you approve in concept the staffing changes proposed for the 1986-1987 fiscal year in order to allow staff to incorporate them into the proposed budget for the Open Space Management Program. As you can see from my recommendations above, I am not recommending that you adopt the concept of the five-year staffing plan at this time since, due to its complexity and budget implications , the Budget Committee needs adequate time to review the entire plan in detail prior to reporting back to you. We expect to return to you in April regarding the 1986-1987 plan. However, I feel that it is imperative that you immediately approve the creation and filling of the Administrative Assistant poition and the Super- vising Ranger positions and approve the addition of a ninth Ranger to the staff. As D. Hansen stated at the February 12 meeting, these staffing changes will help alleviate critical workload problems faced by the Land Manager, Operations Supervisor, and Open Space Planner, strengthen the District 's decentralized, geographic field service orientation and super- vision, and by adding a ninth Ranger, enhance site patrol activities. Budget Committee members , D. Wendin and K. Duffy who met on February 18 , were satisfied with the immediate needs request being presented that requires Board approval, but felt it appropriate to leave salary range decisions for the Administrative Assistant and Supervising Ranger positions to the full Board. Administrative Assistant - I recommend that the Administrative Assistant- Open Space Management position be assigned a salary range of Step Number 191-221 in the District 's Position Classification Plan with a corresponding monthly salary of $1888 to $2545 ($22 ,651 to $30 ,530 annually) . According to the District 's Personnel Consultant, G. Foss , this is a competitive salary range for this type of position and, more importantly, is correctly placed in the Position Classification Plan in terms of the internal relationship of District positions. M-86-22 Page Three Assuming that this full-time position is filled as early as April 1 , which is highly unlikely, the financial implication to the District in terms of salary for the 1985-1986 fiscal year would be approximately $5 ,700 , assuming the person filling the position is hired at the beginning step of the salary range. Benefits costs are estimated to run approximately $1,700 for the remainder of the 1985-1986 fiscal year. Obviously, potential annual salary adjustments each year would change the salary figures shown for this position. Corresponding benefit costs for the two annual salary figures of $22 ,651 and $30 ,530 are $7 ,000 and $9 ,200 respectively. Supervising Ranger - I recommend that the Supervising Ranger position be assigned a salary range of Step Number 201 to 231 in the District 's Posi- tion Classification Plan with a corresponding monthly salary of $2085 to $2810 ($25 ,020 to $33 ,725 annually) . External comparables for corresponding positions at Santa Clara County and San Mateo County were reviewed. The placement of the Supervising Ranger salary range at the steps proposed allows the District to maintain an equivalent salary ratio as currently exists with the District 's Ranger position to Santa Clara County's Ranger Position and a slightly higher salary ratio as currently exists between District Rangers and San Mateo County Rangers. It should be noted, however, that the District 's Supervising Rangers will have a greater degree of over- all responsibility than the Ranger IV comparable used at San Mateo County. The placement of the Supervising Ranger salary range is also consistent and acceptable in terms of the internal relationship of District positions , particularly field staff positions and levels of supervision. Assuming the three Supervising Ranger positions are filled by promotion, the financial implication to the District in terms of salary and increased benefits costs for the remainder of this fiscal year is approximately $1,600. Ran2er Vehicle - Funds for one replacement Ranger vehicle are included in the 5-1936 Open Space Management budget . At the time of the El Corte de Madera Creek acquisition, contingency costs for an additional vehicle were identified in the recommendation to create the ninth Ranger position. The cost for a new, fully-equipped vehicle is $22 ,500 . The replacement truck and new truck should be acquired before the end of the fiscal year, and staff is asking for authorization to proceed with the order at this time. Funding for the new vehicle is available in the fixed asset site preparation budget account. ADMINISTRATIVE-ASSISTANT - OPEN SPACE MANAGEMENT DEFINITION : Under direction, this is a staff assistant position per- forming a variety of administrative and technically-related duties for the Land Manager and other Open Space Management staff members . Assists in the development and management of the Program's budget; provides administrative assistance with purchasing, accounting , and personnel matters; and assists with clerical supervision as needed . Conducts research and prepares reports and memoranda. TYPICAL TASKS : Conducts studies and surveys , analyzes findings and prepares written and/or oral reports for presentations ; analyzes budget needs , assists in budget coordination and preparation, and monitors ad- ministration of budget; assists in purchasing and accounting activities within the Program; manages assignments according to a specific pro- cess including dates of completion of projects; assists in personnel recruitment and selection; assists staff members in handling routine correspondence and special report writing assignments and may work with other governmental agencies in carrying out such assignments ; drafts reports , memoranda, and correspondence for signature; organizes and arranges meetings between District staff members and officials from neighboring jurisdictions , special interest groups and members of the public ; answers public inquiries regarding District ' s procedures , opera- tions , regulations and/or personnel; assists with the installation of improved work unit operating procedures , methods , and systems ; assists Supervising Rangers with development and administration of office systems and procedures for the Ranger field offices; may coordinate special assignments with the Supervising Rangers and the Operations Supervisor; assists with the preparation , implementation and management of employee safety program; attends District Board meetings and various other meetings as assigned; may personally conduct or provide assistance on the re- search and development of grant proposals; oversees District' s radio services ; may supervise other staff members as assigned; performs re- lated work as assigned. EMPLOYMENT STANDARDS : Training and experience equivalent to graduation from an accredited college or university with major work in public or business administration or a closely related field. Two years of full- time work experience performing duties similar to the above for an administrator in a technical , administrative or business management position. Experience in a public governmental agency, especially land management or environmentally oriented agency, is very desirable. Valid California driver 's license along with use of personal vehicle is required. An advancc.' degree in Public Administration (MPA) may be substituted for one year of experience . KNOWLEDGE OF: Research methods and techniques ; principles of organiza- tion , administration and management; Finance, budgeting and accounting, preferably public sector methods; modern office methods and procedures , including management of information; personnel-related programs; famili- arity with computer technology and uses in offices . ABILITY TO: Communicate clearly and concisely orally and in writing; prepare and present reports in narrative and graphic form; prepare and interpret organizational and functional charts ; work without close supervision; establish and maintain effective working relationships with erw. Ioyees , officials , and the public; supervise other staff members l as assigned; present reports in a public forum; conduct research through written or oral communication processes ; apply computer technology to developing and implementing administrative systems and procedures . SPECIAL NOTE: This is an exempt position. j i i SUPERVISING RANGER DEFINI-T-!ON : Under general direction of the Operations Supervisor, pro- vides management direction for field Ranger and other personnel services J by coordinating patrol , maintenance and administration functions of geo- graphical or operational sub-unit (s) as assigned. Assists in the employ- went process of field staff members , provides supbrvision, and evaluates performance of assigned District field personnel. Assists in the prepara- tion and administration of field operations budget (s) , development and implemmentation of Use and Management Plans , operating policies , and field maintenance and safety plans . Patrols District lands , provides visitor information and assists the Operations Supervisor in developing informa- tional programs for t. public. Meets with neighborhood groups or concerned citizens regarding site operations problems_ TYPICALTAS'KS : Assists in hiring, provides supervision, and trains 1-j-6-1d-and other personnel, as assigned; conducts performance evaluations; assigns patrol and maintenance work schedules and assists in such work, including field patrol , as necessary; assist's in develop- ment and administration of policies and procedures for field personnel; responsible for budget_ preparation , control, and reporting for Portions of the operations and maintenance budget, as assigned; solicits bids and arranges for contract services, as needed, to perform maintenance and development projects on District lands; as assigned, works with planning staff and/or Operations Supervisor in development of use and management plans, operating policies, and maintenance plans; implements projects in accordance with adopted use and management Plans, operating Policies and maintenance plans; assists in analysis of ' I operations and maintenance procedures and in development of improved and/or Simplified methods to maximize equipment and labor utilization; supervises use of vehicles and shop equipment, as assigned; coordinates, as appropriate, with police and fire agencies regarding matters of mutual concern affecting public safety; files reports with police and courts regarding individuals in violation of District ordinance (s) ; makes presentations, as assigned, to Public and private groups; plans, schedules , and coordinates on-going or special maintenance and operations tasks on designated District lands; may serve as District liaison with individuals or group representatives seeking to use District lands for special events to ensure that such activities are compatible with District regulations and use and management plans; meets with neighbor- hood groups or concerned citizens regarding site operations problems; Provides liaison between field and office personnel; patrols District lands to insure the safe use of the lands; Provides visitor information and enforces State and local laws and District policies; performs fire suppression duties as needed; performs a variety of maintenance and construction duties relating to the development and up-keep of District lands, trails, fences and gates as well as maintenance of a variety of District facilities; performs a variety of administrative duties relating to record keeping, inventory, information research, and the supervision of as employees; and performs other supervisory, administrative, and field duties as required. EMPLOYMENT S'.['ANDARDS: Individual must be at least 21 years old. This position requires training or education equivalent to graduation from a four year collere with a major in an appropriate field and a minimum of three years of full-time paid experience in the protection, operation, or maintenance of a park, forest, public recreation area (or the equivalent ) at least one year of i-.,hich has included supervisory responsi- bilities. Individual must possess a valid California Driver' s License. Individual Must possess or obtain a Standard CPR card and an Advanced First Aid Card (or higher) , and have completed an approved 832 P.C. class . Experience or training in wildland firefighting and advanced training in law enforcement is desirable. PHYSICAL REQUIREMENTS : Individual -Must possess strength, endurance -'and agili ,,, and must be mentally alert, physically sound and emotionally mature. individual must be willing to participate in a District-prescribe;? fitness and exercise T'3rogram and must maintain- a Level IV Fitness standard as -measured by the Cooper Aerobics Testing Sys-Lem. Individual must have normal hearing; normal visual function and visual acuity of not less than 20/30 in each eye with correction; weight proportional to height; and sufficient swimming ability for self-preservation. KNOWLEDGE OF: Principles and practices involved in the maintenance, operations, and protection of open space lands; principles, practices and techniques of supervision, personnel management and organization, budgetary preparation and control, and project management. ABILITY TO: Supervise and evaluate the work of subordinate personnel ; motivate staff members; analyze operations and maintenance needs and recommend programs and actions to meet such needs; communicate clearly and concisely in writing and orally; establish and mainLzain -an effective working relationship with District staff and members of the public. SPECIAL NOTE: The individual filling this position will be appointed as a Peace Officer in accordance with the California Penal Code. Field work is often performed alone. individual must work odd hours and on weekends and holidays, and must wear the prescribed uniform. Residence in District housing may be required. This is a non-exempt position . Approved by Board of Directors February 26, 1986 IhiIDP. _NSULA REGIONAL OPEN SPACL DISTRICT POSITION CLASSIFICATION PLAN 1985-1986 Revised Feb. 12, 1986 Present Salary Range Monthly Annually Step $ $ Classification , No. Min-Max Min-Max Receptionist-Typist 150-180 1256-1692 15 064-20 303 Senior Typist Clerk 150-180 1256-1692 15,064-20, 303 Secretary 156-196 1472-1984 17,664-23, 806 Accounting Specialist 171-201 1548-2086 18,565-25,021 Office Manager/Sec ' v. to Gee. Mgr- 175-2Q5 1610-2170 19 ,317-26 ,038 Ranger 131-211 1709-2304 20 ,505-27 ,640 Real Estate Research Analyst 181-211 1709-2304 20,505-27, 640 Associate Open Space Planner 186-216 1796-2421 21,551-29 ,050 Coordinator of volunteer Programs 191-221 1888-2545 22 ,652-30, 531 Lead Ranger 191-221 1888-2545 22,652-30,531 Administrative Assistant - Open ,Space 191-221 1888-2545 22,652-30,531 Environmental Analyst Management 196-226 1984-2675 23,806-32 ,089 supervising Ranger 201-2 1 2085-2810 251020-33, 725 Open Space Planner 210-240 2281-3074 27, 365-36,885 Operations Supervisor 216-246 2421-3263 29 ,050-39,152 Real Property Representative 216-246 2421-3263 29,050-39 ,152 Public Communications Coordinator 213-243 2350-3167 28,195-38,002 Administrative Services Manager 220-250 2520-3396 30,229-40 ,744 Land Manager* 253-283 3499-4715 41,977-56, 579 Land Acquisition Manager* 253-283 3499-4715 41,977-56 , 579 *Range of 3% to 5% to be added to base salary as approved by General Manager for assignment of the employee as Assistant General Manager. EXHIBIT "E" 1 year (B the end of F.Y. 86-87 y Y ) GENERAL MANAGER Revised 2/21/86 w H H LAND MANAGEMEN LAND x MANAGE w SECRETARY i PRINCIPAL ' *** ! LAND MANAGEMENT + ** OPERATIONS CONTRACT *** OPEN SPACE — — — — — — — ADMINISTRATIVE — — — — — — — — — — — — — — — — — — — — SUPERVISOR ' — — — — —I_LAW_ENFORCEMENT i PLANNER ` ASSISTANT r *** OPEN OPEN ENVIRONMENT r i VOLUNTEERS *** i DOCENT SPACE [SPACE 1ANALYST ENGINEER PLANNER COORDINATOR COORDINATOR (if needed) I i VOLUNTEERS DOCENTS I z DRAFTS-� SKYLINE ** FOOTHILLS ** I CREW ** PERSON SUPERVISIN SUPERVISING I SUPERVISING A as needed] RANGER RANGER RANGER r CREW SEN- IOR RANGER LR R R�JR ** OST OST ** 1 *** OST OST 1 0ST I F-R = Ranger Dashed line signifies interaction, not supervision OS = Open Space Technician, full time ** New positions from current staffing level proposed for immediate approval. ** New positions proposed for approval and hire in Fiscal Year 1986-1987. � OST = Open Space Technician, seasonal * Any current Ranger position rotates into Crew when certain skill needed (generally in winter months) . R-86-14 ESTIMATED EXHIBIT "H" Revised Revised 2/21/86 BUDGET IMPLICATIONS/ACCUMULATED ADDED COSTS (in 1985 dollars) A) SALARIES & BENEFITS FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR 1985-1986 1986-1987 1988-1989 1990-1991 (Immediate) Current Budget $663,000 NEW POSITIONS (or added funding necessary over previous positions--in- cludes bengfits) 1) Supervising Ranger (3) $ 1,600 7,800 $ 8,600 $ 8",hOO (iosts above Lead Ranger ange) Planner/Engineer 2) $ 10,000 30,900 $ 35,000 $ 40,,000 3) a] Added Ranger Aide (1) $ 2,000 b] Open Space Technician $ 35,000 $ 90,000 $130' 000 4) Administrative As $ 7,400 $ 33,800 $ 37,300 $ 42,000 (3 months) 5) Ranger $ 8,800 $ 26,600 $ 50,000 $ 100,000 6) Principal Open Space Planner (Costs above O.S. $ 2,000- $ 2,200 $ 2,500 Planner Less New O.S. Planner Range Costs 7) Volunteer Coordinator $ 13,000 $ 13,700 $ 16,000 8) Crew Lead Ranger $ 31,000 $ 34,100 $ 37,000 9) Senior Ranger $ 58,000 $ 121,000 10) Associate Open Space Planner $ 28,000 $ 30,900 11) Mechanic/Equipment Operator $ 30,000 $ 33,000 12) Field Secretary $ 11,700 13) Architect/Surveyor or Environ. Analyst $ 26,600 14) Senior Crewperson $ 28,000,, TOTALS $ 29,800 $ 180,000 $ 387 ,000 $ 627,300 (Added costs to salaries (4 months) (Annual and benefits budget) added cost) B) Services and Supplies and Fixed Assets 1) Vehicles & Related Equipment $ 22,500 $ 95,000 $ 88,000 $ 162,000 2) Uniforms, etc. $ 1,000 $ 2,000 $ 2,000 $ 2,000 3) Other Maintenance & Equipment, Furniture, etc. $ 4,500 $ 91000 $ 3,000 $ 8,000 TOTALS $ 28,000 $ 106,000 $ 93,000 $ 172,000 Added Budget Totals $ 57,800 $ 286,100 $480,000 $799,300 i R-86-17 (Meeting 86-05 February 26 1986 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT February 20, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Jamison and Mazor Property Additions to the Sierra Azul Open Space Preserve, Mt. Umunhum Area Recommendation: I recommend that you adopt the following resolutions : 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authoriz- ing 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 (Sierra Azul Open Space Preserve - Lands of Jamison) . 2. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authoriz- ing 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 (Sierra Azul Open Space Preserve - Lands of Mazor) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the properties as additions to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, and indicate your intention to withhold the properties from dedication. Introduction: At your November 13 , 1985 meeting, you approved the acquisi- tion of the 988 acre Baldwin-Wallace College property addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve (see report R-85-53 , dated November 8, 1985) . That acquisition was made up of two land units, the first immediately off Hicks Road and the second east of the summit of opportunity to purchase the two P_ Bald Mountain. The District now has the o p � intervening parcels of land between the summit of Bald Mountain and Mt. Umunhum Road (see attached map) . The two parcels will be dealt with as one land unit for the purposes of this report unless otherwise noted. A. Description 1. Size, Location and Boundaries The two parcels, each 80 acres in size, are located south of the City of San Jose in unincorporated Santa Clara County and are located due east of the summit of Mt. Umunhum, site of the former i' R-86-17 Page two Almaden Air Force Station. The property is bounded by the District's Bald Mountain land holdings to the east and private property on the remaining three sides. Mt. Umunhum Road cuts through the westernmost side of the property. 2. Topography, Geology and Natural Landscape The property is comprised of a ridge generally running in an east-west direction. The western half of Bald Mountain, an appropriately named, grass covered hilltop in an otherwise forest and chaparral area is located on the easternmost portion of the property. Steep canyons fan from the ridgetop to the north and south. Surrounding the grass covered meadow of Bald Mountain are hill- sides of chapparal which typify the Sierra Azul Range. Riparian vegetation may be found in the canyon bottoms to the south and northwest. Elevations range from about 2300 feet near the summit of Bald Mountain to a low of 1700 feet in the canyon along the southern border. Soils are of the Los Gatos-Maymen Association, developed on hard sandstone and shale. B. Current Use and Development Three roads traverse the property. Mt. Umunhum Road enters the northern property line near the western border and climbing uphill roughly parallels the western boundary before turning southwest and exiting the property. A second road forks from Mt. Umunhum Road near the western border of the property. This dirt surfaced road termi- nates at the summit of Bald Mountain with a circular turnaround. The third road extends between Mt. Umunhum Road to the north and the road to Bald Mountain. The District would exercise a patrol right over the portion of this road between the northern boundary and Mt. Umunhum Road. Mt. Umunhum. Road is currently gated immediately above the junction of Mt. Umunhum Road and the spur to Bald Mountain. The gate is maintained by the neighbors who live on upper Mt. Umunhum Road and beyond. A wide flat dirt parking area is located at the Mt. Umunhum Road-Bald Mountain spur road junction below the gate. Several other roadside pullouts may be found along Mt. Umunhum Road below the gate location on the property. There are no structures on the property. C. Planning Considerations The land is located within unincorporated Santa Clara County. It is zoned Hillside which requires 20 to 160 acres per dwelling unit based on a slope density formula. Open space use of the land is in con- formance with the County General Plan. R-86-17 Page three The property is located outside the District' s boundary but within the Sphere of Influence. This area has not received a rating on the District's Master Plan since the Sphere of Influence outside the boundaries has yet to be incorporated into this plan. Site planning for this property would be accomplished in conjunction with planning efforts for other District properties comprising the Sierra Azul Open Space Preserve. Since this preserve consists of many non-contiguous parcels and presently has inadequate public access to most of them, the preserve remains low on the District's Relative Site Emphasis Plan; a plan that serves as a guideline for determining the level of planning and development for all District preserves. Until such time as the Mt. Umunhum Area of the Sierra Azul Open Space Preserve becomes more suited for public recreation, i.e. , connecting trails and areas suitable for parking, public access will be discouraged but not prohibited. The District will work with neighboring property owners to discourage trespass on those proper- ties as trespass relates to use of District lands. D. Potential Use and Development The grass covered slopes of Bald Mountain would make an ideal desti- nation picnic spot for Preserve visitors. The summit of Bald Mountain provides wide views of the seemingly unspoiled ridges northeast of Bald Mountain including the Pueblo Lands of San Jose and the Almaden Quicksilver County Park. The mounds of mining tailings on the County Park are very prominent from Bald Mountain, the only obvious disturbed area within view. Access to this property is possible from the several roadside pullouts along Mt. Umunhum Road. For years the flat area near the Mt. Umunhum Road gate has been the site of illegal activities ranging from drinking and drug use to shooting and fires. E. Interim Use and Management Recommendations 1. The property boundaries will be signed as appropriate where the potential for trespass from District lands onto private property exists, trail signs indicating the Preserve boundary will be installed. Cost is estimated at $60. 2. In order to curb the illegal activities occuring at the flat pull- out north of the gate, a heavy-duty guard rail and pipe gate will be installed parallel to the road to block the illegal parking. A smaller roadside pullout would remain, enabling a turnaround immediately before the gate. Other roadside pullouts below the gate would accommodate legitimate Preserve visitors. Cost is estimated at $2000. 3. The connecting road between Mt. Umunhum and the Bald Mountain spur will be gated if necessary at the northern property boundary. Cost is estimated at $700. R-86-17 Page four 4. Long range planning for public use for these properties will be incorporated into the area Master Planning to be commenced in conjunction with the acquisition of the former Almaden Air Force Station. F. Dedication The property should be withheld from dedication as public open space at this time to allow future flexibility to better align the boundaries of the Open Space Preserve, or possibly trade property rights to help complete the trail system. G. Name The site should become an addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area. H. Terms As mentioned earlier in this report, this acquisition is a combination of the following two separate purchase transactions: 1. The Jamison purchase would require a total payment of $136 ,000 ($40, 800 down in cash at close of escrow, with the balance of $95,200 to be payable over 10 years at 7 percent interest) . The average cost is $1,700 per acre and the cash requirement would come from the New Land Commitments Budget category. 2. The Mazor purchase requires the total payment of $142,500 be payable in cash at close of escrow (an average of $1,780 per acre) . This property has more usable area and is therefore valued slightly higher than the Jamison parcel. Both parcels are 80 acres in size and the current slope density formula would allow one resi- dential site on each parcel. LWA SIERRA AZUL OPEN SPACE PRESERVE MT. UMUNHUM AREA P ' ^✓' ,,`, ,L A-_N D'•s 7 f vr. l V •A ((i ° A 1,� ��1/..i 1 ,! SCALE 1"=2000' NORTH = ;;�- ,.r!sse I/t'� =J. l �• .l •� X'l >� 1 f T- E LMADEN QUICKSILVER COUNTY' PARK r\JJ i 2asa E 1'--s 0 m b r os o /ate _ • 0 � J//"� a �` r� �� +�. a,�_ � o ��1 �l " —;-✓` �' l f Y it @D 1'. PRIVATE PROPERT a r1 � T h e l _tt U w� u r) ' 4 b i ter' _ za ...,,,• GATE I PROPOSED ADDITION �, ry•,� 1900' SIERRA AZUL OPEN SPACE PRESERVE MT. UMUNHUM AREA 101q °� RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF JAMISON) 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 Joan Lee Jamison, 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 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 insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $40 ,800 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1985 Promissory Note Fund for this purchase. i PURCHASE AGREEMENT THIS AGREEMENT is made and entered into, by and between JOAN LEE JAMISON, who acquired title as Joan Lee Sharp, hereinafter called "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, here- inafter called "DISTRICT. " 1 . PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, that certain parcel of real property located within an unincorporated area of the County of Santa Clara , State of California, containing eighty acres (80) , more or less, and commonly referred to as Santa Clara County Assessor' s Parcel Number 562-22-28 (being more particularly described as "Parcel No. 3" in Preliminary Title Report No. 101678, dated February 18 , 1985, from First American Title Guaranty Company; said Report designated Exhibit "A" , as attached hereto and incorporated herein by this reference) , together with any easements , rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands , and any and all improvements and fixtures attached or affixed thereto. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price for the aforesaid real property is and shall be One Hundred Thirty-Six Thousand and No/100 Dollars ($136 ,000 . 00) , payable as follows: A. A down payment of Forty Thousand Eight Hundred and No/100 Dollars ($40 , 800. 00) shall be paid in cash at the close of escrow, and B. A secured promissory note in the principal amount of Ninety-Five Thousand Two Hundred and No/100 Dollars ($95 ,200. 00) , to be delivered to SELLER at the close of escrow. Said note to bear tax-free interest at the rate of seven percent (7%) per annum and be fully amort ized d e ov er te n (10 ) years payable yable �n monthly I installments of One Thousand One Hundred Five and 37/100 Dollars ($1, 105 .37) , with the first such payment to be made on or before thirty (30) days following the y date of g close of escrow. Said note to provide that principal and accrued interest may be ,prepaid at any time by DISTRICT without penalty or premium. Said note to be secured by a First Deed of Trust with Assignment of Rents on the purchased property as described in said Exhibit "A" . The note and Deed of Trust to provide Purchase Agreement Jamison Page Two that the entire principal balance and all accrued interest is to be fully due and payable in the event j- of transfer of the subject property by DISTRICT with- '.,�, out the written consent of SELLER. 3. TITLE AND POSSEESIO Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judgments, easements, taxes, assessments, covenants, restrictions , rights, and conditions of record except: A. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code of the State of California. B. Any and all rents shall be prorated as of the date of close of escrow. C. Typewritten exceptions numbered 3 and 5 , as listed in the Preliminary Title Report labeled Exhibit "A" herein. D. The First Deed of Trust as mentioned in Paragraph 2 .B. hereinabove. E. Any other such title exceptions as may be acceptable p to DISTRICT. 4. COSTS SELLER shall pay all escrow, recording, and customary title insurance charges and fees incurred in this transaction. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver market- able title to DISTRICT. 5. COMMISSIONS DISTRICT shall not be responsible for any real estate sales commission or other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion ,of the subject property, nor are any persons occupying the property except for an existing grazing lease that expires on November 15, 1986 . SELLER further warrants and agrees to Purchase Agreement Jamison Page Three hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs , liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease , rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7360 et sea. of the California Government Code) . 7. WAIVER OF STATUTORY COMPENSATION SELLER understands that she may be entitled to receive the fair market value of the property under the Federal Uniform Relocation- Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et sea. SELLER acknowledges that she is familiar with the applicable Federal and California law. SELLER hereby waives all existing and future rights she may have to receive the fair market value of the property under any applicable Federal or California law. E . SELLER DISCLOSURES SELLER hereby discloses to DISTRICT and DISTRICT hereby acknowledges the following information relative to this transaction: A. The subject property is- subject to a Williamson Act (agricultural preserve) Contract with the County of Santa Clara. B. The subject property may be located in a geological hazard zone. - . 1 C. The subject property is beig sold by SELLER in an '•as, is" condition. 11.�. D. SELLER is a licensed Real Estate Broker in the State of California. 9. ACCEPTANCE AND TERMS OF ESCROW DISTRICT shall have thirty (30) days after the execution hereof by SELLER to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the afore- said real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As con- sideration for the tender of said offer, DISTRICT has paid and SELLER acknowledges receipt of the sum of Ten and No/100 Dollars ($10. 00) . i Purchase Agreement - Jamison Page Four Time being of the essence and provided that this Agreement is accepted and executed by DISTRICT, this transaction shall close as soon as practicable but not more tha n thirty (30) days foll owing th Y g e acceatance and execution by DISTRICT through an escrow (No! 101678) to be conducted by First American Title Guaranty Company, 675 forth First Street, San Jose, CA 95112, or other such escr ow polder as may be agreed upon by SELLER and DISTRICT. Y 10. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs , devisees, assigns, or successors in interest of the parties hereto. a Purchase Agreement - Jamison Page Five MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: � �� ;- / oan Lee Janiso Date: Stanley Nor on, Distric7Counsel ACCEP'=. -FOR RECOMMENDATION: L. Crai Britton, R • Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: i P f C ti Yst Amer cap., lt. Guarant y Company El CA%-BELL 2020 SOUTH 3ASCO%'.Aye, CVPER10i0 ❑ LOS ALTOS 10373 SOUTH Oe:.NzA 9LVD. ❑PALO ALTO 'g OAtdP3:LL,CA 950i.3 CVSO T \ 327 SO SA'.A%TOVIO RD r3 550 HAMILTON AVE. 1403�377-2992 O•CA 95014 LOS ALTOS,CA 94322 Sub;ect to a m n nu-t 1403t 252.7?A PALO ALTO-CA 54301 charge required by S2Cucn 141S1941-3320 #4151326.5350 12:c_O`the Ini�:dnCa Code. ❑ELOSSOU H:LL-SAN JOSS 1 4199LOS50%tHI D SAS Jos` ❑v._ST VALtEV.SA7J.IOSE . HILL 675%O?TH FIRST ST- xo SAN JO5_,CA 9St23 4:.._L:.CrFORO AVE. .100 140a1 227 5111 SAN ICSc*CA 95112 SA%JOSS,CA S5117 14731 2�6 6353 i-Jol 249-9511 TITLE OFFICER: Linda Rinehart Escrow Off iccr: Stella g. Ha gdohl Norte show-n Our O. er No.: 101078 Property Address: No^a shown Form of Polic) Co%era-e Requested: In response to the above ref:rcneed application for a poiic Or ti:ie ins =nee, this cause to be issu to issue. or ed.as of the date hereof.a Policy of Title Insu _ :in the forn Specified bovehdts--ribing the land P0--ts that land t is pthe estate or interest therein hereinafter set fo i1,insuring against loss which rna\ be sustained by reason of any defect.I:en or encumbrance not shown or referred to as an Exception below or not excluded from coverage p�;Su�;,'to,`,e prir:ed Schedules.Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage o: said Policy or Policies are attached. Copies of the Policy forms should be read.They arc available from the office which issued this report. This report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a policy of title insur- Co and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy o(ce fa Poo insurance. Binder insu - Commitment should be requested. Dated as of Feb:ua r y 18, 1985 at 7.30 a.m. TITLE OPERATIONS MANAGERTitle to said estate or interest at the date hereof is vested in: I JOAN LEE SHARP, also known as JOAN LEE JA14ISON The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At tee e'a:e hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would boas follos+'s. SEE NEWT PAGE GC r� FORM 4283-201 (REV. 12183) '�"' Order No. 101678 1- Taxes for the fiscal year 19$4-85 1st Installment : $18.93, Paid 2nd Installment : $18.93, Unpaid Assessors *'. aV t7 • 583-24-002 Code Area 80-002 - (Affects Parcel No. 4) Taxes for the fiscal year 1984-85 lst Installment : $105.23, Paid 2nd Installment : $105.23, Unpaid Assessors No. : 583-24-003 Code Area : 80-002 (Affects Southerly 514.64 acres o P'a_cej No. 1) Taxes for the fiscal year 1984-83 1st Installment $60.67, paid 2nd Installment $50.6 7 ' Unpaid Assessors No. 4 05 583-2 05 Code Area 80-002 (Affects Northerly 296.60 acres of Parcel No. 1) Taxes for the fiscal year 1984-85 lst Installment : $16.96, Paid 2nd Installment : $16.96, Unpaid M Assessors No. : 562-22-02$ Code area : 72-007 (Affects Parcel No. 3) Taxes for the fiscal year 1984-85 1st Installment : $19.63, Paid 2nd Installment : $19,63, Unpaid Assessors No. : 562-22-029 Code Area : 72-007 (Affects Parcel No. 2 and other property) 2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 3. Easements for any and all road ways including but not limited to Hicks Road, Los Alamitos Road, Loma-Almaden Road or Mt. Umunhum Road, and Wood Road or Browns Canyon Road. 4. Easement for the purposes stated herein and incidents thereto For Right of ingress to and egress by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience. Granted to : Pacific Gas and Electric Company,P y, a California corporation � Recorded : January 14, 1969, Book 8400 g , page 654 Offi aecard Affects Parcel No. 1 Order No. 101678 5. Easement for the purposes stated herein and incidents thereto For : Communication facilities Granted to : Pacific Telephone and Telegraph Company Recorded : ?`march 4, 1969, Book 8454 ac-a l 78, Affects : Said facilities shall be�placedwithinf the aconfiness of a private road as now established on said real property. Said road runs in a westerly and southerly Affects direction on said real property. Parcel No. 3 Q. Easement for the purposes state For herein and incidents thereto : Installation and ^a.intenance of water line and related eq uip'me-_t Granted to Frank ranc rreitas, et ux Recorded : r.___ i3y 8, 1;34, gooti i521, Citi_'_a� Affects Records, page 276 A 30 foot strip p along the Westerly portion of Parcel. No. 2. 7. Easement for the purposes stated herein and incidents thereto For : Removing two-thirds of water from spring located on Parcel No. 2, South of existing dirt road. Granted to : Frank Freztas, et ux Recorded Affects : May 8, 1984, gook 1521, Official Records A portion of Parcel No. 2 page 27b r :j,-ta Order No. 101678 LEGAL, DESCRIPTION;: Real property situated in the County or fof_o::s: Santa Clara, State of California, described PARCEL. NO. l bz?'nn'ng at an oak tree 16" in diameter in the southwesterly line of the Ca ter marked C.C. being one of the stations a sycamore tree marked C.C. 4 Eta.^,d�in .. tanc _los Ranches, and from which oak tree, g at the upper fork of the Arroyo Seco de los Capitancillos, being one of the stations in the southwesterly P,ancho, bears N. 83° 30' W. 18.51 chs. distant running thence along said southwesterly line of said Capitancillos line of the Capitancillos R?n`no g ce 90.50 chs., S. 3l° 15' E. fo"Owing cO '=ses and distances: S. 48° E. E. 3.83 c*rs. S. 35° 30' E.12.27 chs.chs. S. 3-0 E. 4.10 chs-S. 7I0 E. 4.56 chs. S. 64° the most northerly corner of that ce-t �;^_ E. 3.71 chs., and S. 19° E. 7.05 chs. to rta-- 101.64 acre tract of land described in the deed from the City of San Jose to riilliar. Philbon dated October 7, 1871, and recorded October 10, 1871 in the office of --he Ca,�, e,�., �`.:y Recorder of the County of Santa Clara, State of California, in Book 10 of a e"', Page 377; thence leaving the southwesterly line of the Capitancillos Rancho and running along the westerly line of said 101.64 acre tract of land, S. 29° W. 42.00 chs, and S. 18° W. 1.50 chs. to the most westerly corner of said 101.64 acre tract of land in the southwesterly line of Pueblo Tract No. 2, San .lose City Lands; thence running N. 58° 241 W. and along the southwesterly line of said Pueblo Tract No. 2 148.70 chs. to the most southerly corner of that certain 160 acre tract of land conveyed by the City of San Jose, to Frederick Crighton by deed dated September 4, 1873, and recorded September 8, 1873 in the office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of Deeds page e 500• thence leaving the line of said Pueblo Tract No. 2 and running N. 47° 15' E. and along the southeasterly line of said 160 acre tract of land, 27 chs. to a live oak tree marked M, and being the southwesterly corner of that certain 48.78 acre tract of land conveyed by the City of San Jose,by deed dated October 18, 1867, and recorded October 9, 186ancisco Mendebles 7,to Francisco the office of the deeds, page 438; thence running S. 53° E. and along the southwesterly line County Recorder of the County of Santa Clara, State of California, in Book "W" of of said 48.78 acre tract of land, 6.50 chs. to the southernmost corner of said 48. 78 tract of land; thence along the easterly line of said 48.78 acre tract of landcre with the following courses and distances: N. 44° 10' E. 8.45 chp. , N. 35° E. to the north easterly corner of said 4$ 17.50 chs,, N. 33° E. 5.50 chs., N. 24° 30' E.78 acre aet 3trhof land and in the South- line of the Capita , N. 2l10'90 chs. westerly line of the Capitancillos' Rancho; thence running along the Southwesterl ncillos Rancha, S. 83° 30' E. Y Containing 831.25 acres of land, more or less and beinga to the place Portion of Puof e ue beginning. No. 2, San Jose City Lands. n blo Tract I Excepting therefrom the 21.006 acres, more or less, granted to Pacific Gas and Electric Company, a California corporation, b de$ ed 4 QQY Official Records recorded January 14, 1969, Book page 654, described as follows: �o 3 BiT j Order No. 101678 PARCEL NO. 1 (continued) A strip of land of the uniform width or the parcel of land described and designated120 feet extending entirely across Alice A. Lee to Joan Lee Sharp Parcel Na. 1 in the deed from office of the County RecorderofasaadSepterber 23, 1964 and recorded in the Records County of Santa Clara in Book 6676 of Official p 519 and lying equally on each side of the lire which begins at a point in the northwesterly boundary line of said Parcel No. 1 and runs thence south 77° 50 1 2' rparcel of land designated to a point herein for convenience called Point Art then Beet, more orless, east 5000 feet t� �� thence north th e o 87, r Ql le 1 2 less, to 1 said parcel of land d a P°lnt in the northeasterly boundary designated r line Iof l g d Parcel No. 1 Y east 8506.6 feet distant from the 2 z , , �,� said Point "A" bears south 65� 11' Peckham, El Encino P.S.J. � ., ^ inch uthea cap ='=::--' Lindeman, Lean, I'll) martial the .r �, _ h_ i so a r the westerly L_h...,s_A � .-�� ,westerly bound _ -� 'nus boundary of-- a line o f ---- course i.Y the 1�1 a=_e ?a__ � n Herbert E. Janes and wife to Francis B. ^•,:c:- e- 0 1`-` ``scribed in the deed from recorded in the office of the said Cos per and wife dated March 1, 1940 and re ale County Recorder in Book 977 of Official Records page 55 which course, according to the March 1, 1940, has a bearing of 5.C.10' 4.51 -. and pa2lengthon tof�66 in said deed dated 21.006 acres, more or less, 5 feet containing a , a.n in and be ing a portion of the Pueblo Lands of San Jose. g Together with the right to construct, maintain, and use road (10 in rum roads, not> over and across said real property, � to exceed ten excess of slit F P y> each of the uniform width not in y (60) feet, at such locations as shall be mutually agreed upon between first parties and second party, at a future date, as reserved in the deed from Joan Lee Sharp, et vir, recorded January 14, 1969, Book 8400, Official Records, page a e 654. PARCEL NO. 2 The Northwest one-quarter of the Northwest one-quarter of Se South Range 1 East, Mount Diablo Base and Meridian. ction 9, Township 9, Togehter with anon-exclusive easement, sixty feet in width for the purpose of ingress and egress and the installation and maintenance of utilities as reserved in the deed from Joan Lee Sharp, -recorded May 8, 1984, Book 1521, Official Records, page 276. The easement shall be located running Northerly from Mt. Umunhum Road until it meets Parcel No. 2 above, the exact location thereof to be determined at a later time. Also together a non-exclusive easement for the purpose of removing one-third of the water from the spring located to the North of Parcel No. 2 above, South of the existing dirt road, as reserved in the deed from Joan Lee Sharp, recorded May 8, 1984, Book 1521, Official Records, page 276. P:,RCEL NO. 3 The west 1/2 0£ the southwest 1/4 of section 9, in Township 9, south, range 1, east, II.D. B.wj. q a e� li I Order No. 101678 PARCEL NO. 4 Beginning at a point on the westerly lire of- that certain 579.95 acre tract of land conveyed by the City of San Jose to James Alfred howIa d January 4, 1867, and recorded January25 T officethe by deed dated nty Recorder of the County of Santa Clara, State ofCalifornia, Book "W'e' ofuDeeds, page 206 at a point distant S. 190 E. Q.9p chs. from a s caYor StaAiino on the southwesterly line of the Capi Y e tree marked C.C.3, of the Capitancillos Creek with a small tancillos Rancho at the Junction > mall tributary stream coming from t^eTce running S. 3' E. a m the 1.85 chs. -� g west; , S. 9 o E. 3.7 3 S. 0 4b 30 W. 2.90 chs. S � ► chs., S. 2 30 W. 1.80 c > 30 IS W. 1.97 chs., S. 59* 75' W. he S. 54` 50' W. 6.05 chs � r 2.95 chs. thenc e'> 16 3 5 W a point on the southwesterly 4.27 chs. and S. 1?° 30' E. Q hwe i .� .$s _ 3 ch ter_y line o� the Pueblo Tract No. s. to thence running along the southwesterly 2 S=n Jose City Lands; 25' W. 37.75 chs. to the most sau ��i line °i said Pue310 _Tact No. 2, N. 58' of land conveyed b th_-_; corner a: that ce____a 331.� convey_ y the City of San Jere to ,; ,� .-5 acres tract I884, and recorded December 29 18$4 i2 ph Lowe by dead dated December 15, the County of Santa Clara, State of Ca�pTthe office of the County Recorder of thence leaving the line of said Pueblo Tract,No.i2 andkrunai1 76 of deeds, page st line of said 831.25 acre tract of land, N. 18° E ng N. 29*tE. 42 chs. easterly to the center line of a sTall tributary of the Alamintos Creek don•the Southwester line of the Capitancillos Rancho, thence along the southwester) lane of saidIy Capitancillos Rancho withfollowingY the thence S. 31° E, 2.49 chs., thenceS. 13°oE S5.09nchsz,tS. 40' 45' W. 5.35•chs. 30 chs., S• 1° W. 10.47 chs., S. 30' E. 4.56 chs. S. 60° E. 8.82 chs., S. 72* 30' .E. 6.50 chs. , S. 1° W. 1.54 chs. S. 83° E. 5.88 chs, to the aforementioned sycamore tree marked "C.C.3" and thence S. 19' E. 90 1ks to the place of beginning. Containin 101.64 acres of land, more or less and beinga E Jose City Lands. portion of Pueblo Tract No. 2, San Excepting therefrom that portion thereof included within the boundaries of the 11.549 acre tract of land excepted in the deed from Santa Clara Valley Water Conservation District, a water conservation district, to H. L. Haehl, dated February 16, 1939, and recorded February 20, 1939, in Book 921 of Official Records, at page 1, as described and platted on Exhibit No. 1 being Survey A-6 and entitled "Right of Way for Almaden Reservoir upon lands of John LaBrucherie" attached to and recorded with said deed. vww. c �•� i anct o� covsrr Atsuso.(••• :whrA CLAAA CDVNrr,CxI•CUA - r .i.;i`l 1 (�' 22 ��1 of SOA ro 7 M 41 I{ tm / L 7 ! . 2s DIG V y`3 i .4 NO A o' r`� N it / �• :r C� 41 �. AI I i l�L,.r'c:/. +) Nam• :•�'r ;}� Y / ff o. 1 \ TWI,95,ILI.L. 41 / �• Tui3 1LN MAT ha ' � lK7[D kW(o, Mor K A i1A1gy p�TtIC IMO a(. t i(rRr min, nu+(aarxr nK au$ Jlu At To uoq !To 41 rginJM iI wst q aw('Trt "'a gcu=0iioiw ury 1 !>or �+++ct neuot, 1 O �. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MAZOR) 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 Stanley Mazor et ux, 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 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 $5 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to the transaction. Section Five. The sum of $142 ,500 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1985 Promissory Note Fund for this purchase. PURCHASE AGREEMENT f;,Llj _2P=EME�.T is made and entered into, by and between STANLEY MAZOR and =.•a RrtN_ ?RAZOR, hereinafter called "SELLER" and the MIDPENINSULA cEGIOT. OPEN SPACE DISTRICT, a Public District, hereinafter called 1. PURCHASED PROPERTY: SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, that certain parcel of real property located within an unincorporated area of the County of Santa Clara, State of California, containing eighty acres {80) . more or less , and col—Mmonly referred to as Santa Clara County Assessor' s Parcel Nu�-nber 562-22-10 (being more par- ocularly described in Preliminary Title Report No. AL114024 , dated December 12 , 1985 , from Continental Land Title Company; said Report designated Exhlbit "A" , as attached hereto and incorporated herein by this reference) , together with any ease.-_?ents, rights or way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any a-15 all improvements and fixtures attached or affixed thereto. 2. PURCHASE PRICE AND MAINNER OF PAYMENT { ThG Total purchase price for the aforesaid real property is and shall be One Hundred Forty-Two Thousand Five Hundred and No/100 Dollars ($142 ,500. 00) , payable in cash at close of escrow as hereinafter provided. 3. TITLE AND POSSESSION Title and possession of the subject property shall be con- veyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judgments, easements, taxes, assessments, covenants, restrictions, rights, and conditions of record except: A. Taxes for the fiscal year in which this escrow closes shall be cleared and paid. for in the manner required by Section 4986 of the Revenue and Taxation Code of the State of California . B. Typewritten exceptions numbered 1, 2 , 3 , 4 , 5 , 6, 7 , and 8 , as listed in the Preliminary Title Report labeled Exhibit "A" herein. C. Any other such title exceptions as may be acceptable to DISTRICT. Purchase Agreement - Mazor Page Two 4. COSTS DISTRICT shall pay all escrow, recording, and title insur- ance charges and fees in c`r r �. in this Transaction, including, but not limited to, real property taxes, full reconveyance of. deeds of trust, document areoaration, transfer tax and recording fees . SELLER shall be responsible for, and pay all costs of any satisfaction of liens, discharge of judgments, or any other charges , costs , or fees incurred in order to deliver marketable title to DISTRICT. 5. COiNLMISSIONS DISTRICT shall not be responsible for any real estate sales commission or other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF Pp,=MTS S SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subiect property, nor are any persons occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss , damage or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7360 et serf. of the California Government Code) . _ 7. WAIVER OF STATUTORY COMPENSATION SELLER understands that they may be entitled to receive the fair market value of the property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267, et seq. SELLER acknowledges that they are familiar with the applicable Federal and California law. SELLER hereby waives all existing and fut.zre rights they may have to receive the fair market value of the property under any applicable Federal or California law. 8. ACCEPTANCE AND TER1•1S OF ESCROW DISTRICT shall have until midnight February 26 , 1986 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the aforesaid real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As consideration for the ten- der of said offer, DISTRICT has paid and SELLER acknowledges receipt of the e sum of Ten and No 100 Dollars' Purchase Agreement - Mazo_ Page Three Time being of the essence and provided that this Agreement is accepted and executed by DISTRICT, this transaction shall chose on or before February 28 , 1986 , through an escrow (No. 114917) to be conducted by Continental Land Title Com- pany, 5045 Almaden Expressway, San Jose, CA 95118 , or other such escrow holder as may be agreed upon by SELLER and DISTRICT. - 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs , devisees, assigns , or successors in interest of to parties hereto. MIDPENINSDLk REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Stanley Mazor Date: Stanley Nor on,4A_ 2fn'istrict Counsel A CEPTED FOR RECOMMENDATION: Maurine Mazr- i L. Craig ritton, SR/WA Date: Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: Con.—aental Land Title Co -apany AMENDED Subsidiary of atryersTitleInsurarice Corporation 2150 N. First St., San Jose, CA 95131 435-8088 S. San Antonio Rd., Los Altos, CA 94022 (415) 941-4474 5045 A!maden Exp,r,y'., San Jose, CA 95118 267-6000 — 275' Saratoga _0 Santa Clara, CA 95050 246 3250 1180 First St., Gilroy, CA 95020�-. - — 842-7175 r. 901 Campisi Way, 7100 Campbell, CA 95008 559-7555 20=10 Town Center Lane ;.:150, Cupertino, CA 95014 996-7177 39812 Mission Blvd., it:103, Fremont, CA 94539 (415) 659-1223 ESCROW OFFICER PHYLLIS QIIT,ST TITLE OFFICER '-KENNETH WRIGHT • BUYERS NAME Attention: PROPERTY ADDRESS Dated as of _December 1 ) . 19 g 7.3y , Your No. Our No. AL114024 In respons= to the above referenced application fOr a Policy of title insurance, Continental L-and Title Company hereby repots that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy ] 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential Title Insurance Policy D 4. American Land Title Association Loan Policy �I Title Officer KE' iETH VI GHT Issuing Policies of .. M„=='Y�P1N1 3ryy : SCHEDULE A Page 2 Order No.: AL114 0 2 4 The estate or interest in the fond he-einafter cescrrbed or referred to covered by this repo is FEE AS TO PARCEL OINTE . AN -:S E____N T AS TO PARCEL TWO. Title to said estate c- interest at the dote hereof is vested in: SIEBEN 5 COMPANY, A CALIFORNIA CORPORATION, A CALIFORNIA CORPORATION. The land referred to in this report is situated in 4'-)e State of Cc!ifornia. County of Santa Clara, In An and is described cs foiiow5: Unincorporated Area. PARCEL OE: The Easterly one-half of the Southwest one-quarter of Sect on 9, Township 9 South, Range 1 East, M.D.M. PARCEL, T,- O TOGETHER with a non-exclusive right of way as granted in that certain Deed Recorded October 29, 1985 in Book J501, at Page 325, for ingress and egress and for underground utility lines to serve no more than three building sites thereon from Loma Alameden Road to said lands described above, centered upon the private Peckham road to Bald Mountain, as said road was constructed in 1956, across the lands in Santa Clara County, California, described as follows : BEGINNING at a point in the southwestern boundary of the Pueblo Land of the City of San Jose marked by a 1 1/2 inch pipe set 3 feet in the ground, and being in said Pueblo line N. 58 deg. 24 ' W. 37 feet fromaone-inch pipe set in the northerly side of what is known as the "Woodroad" where said road crosses said Pueblo line in Section 9 , township 9 south, range 1, east M.D.M. , thence west 15 links, thence south to a 4 point0 chains north of the south line of said section , thence east to the southwest corner of lot 3 of said section, thence north along the west line of Lots 3 and 2 of said Pueblo line, thence Northwesterly along said Pueblo line to the point of beginning, and containing 67. 98 acres, more or less, which lands are hereinafter referred to as the servient tenement, and together with the right t to construct w' i g widen, , improve,, and maintain the road thereon , and to realign the same one time to the North and west between the canyon containing the most Southwesterly spring upon the servient tenement and Loma Almaden Roa d, and to rea lign n the same one time easterly between said canyon and the southerly boundary of the servient tenement all at the sole expense of the grantees herein or their success>ors in interest the ow ners ers of the ser vient tenement and their lands being held harml.e•s-s therefrom, such expense constituting a lien upon t omin an t G:J1k 4!0 IY Schedule B Continued Page 3 Order No. AL114024 tenement, ; ::tent, provided that no��::in,^ shall be done in connection with said road that damages any water source, water delivery system or structure upon the servient tenament. If the Grantee, or a successor in interest, acquires uires ownership a written, recorded, richz of way expanding the present unrecorded right of way acress the West one-half of the Southwest one-quarter of said Section 9 prior to developing the right of way granted here , this right of way shall terminate. However, this right of way shall not terminate until the note to grantor, secured by a de`i of trust to the property here grant . granted, has been paid in full. - Reacquisition by foreclosure shall not be considered pa vns--- . A.R.B. a562-22-10 I F. 6 I ri.p pay ; SCHEDULE B Page 4 Order No.: AL114 0 2 4 At the da►a here:,,tXcep-.cns to covercge in ace t�cn to the printed Exceptions and Exciusicns in the policy form designated on the fore age of;~s report would be as A. Pro=e==v taxes, including ar._, personal property taxes and ary assessment collected with 1935 - i986. taxes, for the fiscal year 1st Installment $64 .13 not shown paid 2nd Installment $54. 13 open Penalty $none shown Cost Land $none shown $1, 655. 00 Improvements $none shown H/O HxemiDtion $none sho,7n Code Area 72-007 Assessment No. 562-22-010 B. Any supplemental tastes assessed by reason of that certain Grant Deed From James Tz . Peckham and Marjorie A. Peckham, husband and wife To Sieben & Company, a California corporation, a California corporation Recorded October 29 , 1985, Book J501, Official Records, Page 325 Series � o. 8573462 C. The lien of supplemental taxes , if any, assessed pursuant to the provisions of Chapter 3. 5 (commencing with Section 75) of the Revenue and Taxation Code, of the State of California. 1. RIGHT OF THE PUBLIC to use as a roadway that portion of the herein described premises lying within the bounds of any and all roads traversing the premises herein described. 2. The reservations and agreements contained in the Deed from John Labrucherie and Leontine Labrucherie, his wife, to Santa Clara Valley Water Conservation District, dated March 10, 1938 and recvrced March 14 , 1938 in Liber 864 of Official f:ecords, page 451. D IT ., Jn- Schedule B Page 5 Continued Orde r zio. ALl 4 1 024 3. am ese-ent for the purpose shown below and rights incidental thereto as set forth in a docu-ment Granted to . The Pacific Telephone and Telegraph Company, a corporation Purpose A sight of way over, across, with the right from time to time to construct, place, inspect, maintain, repair, replace, use, operate and patrol thereon. Recorded April 20, 1956, Book 3472 , Official Records Page 522 Series No. 1201915 Affects The Southeast quarter of the Southwest au arter (SE 1/4 of Sw 1 j4) of Section 9 , Township 9 South, Range 1 East, M.D.B. & M. Said right of way is twenty (20) feet in width, ten (10) feet on each side of the centerline as now su-veyed by Grantee and staked upon the above desceibed real property. 4 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to The United States of America Purpose A Perpetual Easement and Joint Use Right of Way for the purpose to construction maintenance, and improvement of a road. Recorded October 14 , 1957, Book 3913 , Official Records Page 47 Series No. 1393167 Affects The exact location and extent of said easement is not disclosed of record. 5. Covenants and restrictions imposed by a Land Conservation Contract executed pursuant to Section 51200 et seq. California Government Code. Dated: November 15 , 1974 Executed By: James F. Peckham Recorded: February 25, 1975 , Book B292 Official Records, Page 294 Series No. : 4952815 i T rs,.•.-,� Cr� 1 Schedule B Continued Page 6 Order No. AL114024 6. easement for the purpose sh' own below and rights incidental the-et as set forth in- a dccti'm Len� Granted; to Michael T. wane and Suzanne wane, his wife Purpose A non-exclusive right-of-wav 40 feet in width, for ingress and egress and for utilities. Recorded March 5, 1979 , Book E3221 Official Records Page 399 Series N.-o. 63023 80 Affects Over those lands described in a deed from Santa Clara Valley Water Conservation Distric,- to j. B. � L_ Peckha--,i da-eed November 22, 1938 and recc-rded November 28 , 1938 in Volume 901 of 0.f;_7f±C_ia1 Records, Page "244 et seq. , Records of Santa Clara County, and over Lots 2 and 3 of Section 9 , Township 9 South, Range 1 East M.D.M. and cent-er 'Line of which way is described as Beginning at the poi n 4C of intersection of the Southwestern boundary of the P4ehlo Land of the City of San Jose with the center line of Loma-�:I-maden Road (sometime known at this point as mt. Umunhum Road or as Air Force Road) ; thence along southwesterly the center line Of said Lo-aa-Almaden Road 250 feet more or less to the point of intersection therof with the center line of the private Peckham Road to Bald Mountain as constructed in 1956; thence southerly and westerly along the center line of said private Peckham Bald Mountain Road to the point of intersection thereof with the center line of the access road to the Peckham "Block House" ; thence continuing generally southerly to gap or saddle in the ridge dividing the Almaden and Guadalupe water-sheds (which gap lies westerly of said "Block House") ; thence on a generally descending line southerly, easterly, and northeasterly along the route approved in County Grading Permit No. 76-GC-12-210 to a knoll approximately at the 1700 foot elevation on the Northeasterly spur of Bald Mountain. Excepting therefrom that portion lying within the lines of Lots 2 and 3 in Section 9 above referred to. D i T Z:�a L I Schedule B Continued Page 7 Order No. AL114024 7 . Fn easement for the au rpose shown below and rights incidental thereto as reserved in a document Purpose The right of access to install, repair, maintain , and replace the same, no poles or towers Lobe erected. Recorded October 29 , 1985, Book J501, Official Records Page 325 Series No. 8573462 Affects Reservingr a right t of way across the E 1/2 of the SId 1 4 o- L i sa id aid Section 9 for telephone lines along their present alignment and t y g elechone 1_nes and underground utility lines to serve all parts of the lands referred to above as the servient tenement and to serve Tots 2 and 3 of Section 9 , Township 9 South, Range 1 East, M.D.214. , along the private Peckham Road to Bald Mountain as it now exists or is re- aligned, together with. 8 . Covenants , conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded October 29 , 1985 , Book J501, Official Records Page 325 Series No. : 8573462 re-,� d Y L Reference is made to said document for full particulars. 9. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount $80,000.00 Dated October 24, 1985 Trustor Sieben & Company, a California corporation, a California corporation Trustee California Land Title Company of Santa Clara County, a California corporation Beneficiary . James F. Peckham and Marjorie A. Peckham, husband and wife, as joint tenants. Recorded October 29 , 1985, Book J501, Official Records Page 327 Series No. 8573463 Loan No. none shown Type Loan none shown Address 3031 Vesuvius Lane , San Jose, CA 9513E E > ~a i Schedule B Continued Page 8 Order No. AL114024 To ,void delays at the ti.re of closing, please subnit �he Original Note , Deed of Trust and the (properly ex- ecuted) Request for Reconvey office- ,to this o ^a �� at least ore week prior to the close of escrow. 10. This Comipany will require the following to insure a loan by or a conveyance from the entity named below: Sieben and Company (a) A copy of the Cc_pora-ion By-haws or Artic les (b) An original or certified copy of the Resolution authorizing the subjec- transaction. '9+"Kj1 Wye ry Schedule B Page 9 Continued Order No. AL114024 Note No. 1: For information purposes, attention is directed to the fact that the property does not appear to abut a - public road or highway _ Note No. 2 : There are no conversances affecting said land recorded within six . (6) months of the date of this report. Note No. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the short-tern rate. Note No. 4 : Grant Deeds describing said land will be subject to a $10. 00 fee for Survey MOmsr-Ur 'Preservation Fund at time of recording. Note No. S : On or after :;uly 1, 1985, the County Recorder' s Office will charge, in addition to the regular recording charges, an extra $20 . 00 recording fee, unless a document evidencing a change of ownership is accompanied by a, "Pre- E liminary Change of Ownership Report" . In lieu of said report, signed by the transferee, the recorder will not charge an extra fee; if the document is accompanied by an aff idavit signed by the transferee that the transferee is in fact not a resident of California. Our title billing will be adjusted to include such additional fees when applicable. i D.T 1/21/86 KW/ln ' 562 22� a Z3 575 oss i .� C-9 Son � ry 7 H.t!l�C\.Tb1ALL / / ail � 1`. fir ' Il•. a Aft + / \ r TWP.95,RIE. / 21 t / AT l 1p O � 6 ..a; ; ftMRl:t+ta niUlout liability aa.'sLY. its snit pufpoSC ��„•r;,cnce �E lu�stion of „ questwn- L t.7+W 1114E: I R-86-16 (Meeting 86-05 February 26 , 1986) • MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT February 20 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Alice Cummings, Environmental Analyst SUBJECT: Proposed Eilertsen Property Addition to Sierra Azul Open Space Preserve (Kennedy Road Area) Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Option and Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Eilertsen) . d that you tentatively adopt the Interim Use and Manage- ment further recommend t Y Y P g ment Plan recommendations contained in this report, including naming the property as an addition to the Sierra Azul Open Space Preserve, Kennedy Road Area, and indicate your intention to dedicate the property. Potential Cooperative Project: Because the property lies within the Town limits of Los Gatos and is a very important part of the immediate town backdrop, Director Duffy and staff have approached Los Gatos about a possible joint project for this acquisition. The Town Council , as recently as February 18, 1986, preliminarily approved a contribution of up to $125 ,000 for the purchase of this property (one-half of the option price and out- of-pocket costs) . In order to formalize the Town's commitment, it will be necessary to prepare a Joint Powers Agreement and submit it to both you and the Town Council for ratification. Unfortunately, the District's Option to purchase the property expires on March 1, 1986; therefore, if the property is to be acquired for public open space, it will be necessary for the District to approve the purchase contract prior to the Option expiration date. However, the approval process for the Joint Powers Agree- ment will take several more weeks (possibly as late as your meeting of March 26) . This should not present a problem, since the purchase contract provides for 30 days to close escrow after acceptance. It would also be P q possible for the District to tender the required cash to close escrow and have the Town reimburse its share following closure. It is with this process in mind that completion of this purchase is recommended. Introduction: The Midpeninsula Regional Open Space District has the opportunity to purchase approximately 125 acres of land containing the highest visible point south of the Town of Los Gatos. The property is R-86-16 Page two located entirely within the Town limits, and is currently under option by the District until March 1 , 1986. Primarily chaparral covered, the property rises steeply to a panoramic viewpoint, encompassing valley views to the north and east and the Sierra Azul range of the Santa Cruz Mountains to the south. The property ties together two non-contiguous portions of the Kennedy Road Area of the District' s Sierra Azul Open Space Preserve and would nearly complete a trail route from Blackberry Hill Road to the main north-south trail along the ridge crest. A. Description of the Site 1. Size, Location and Boundaries This 125. 12 acre rectangular property is located near the south- east corner of the Town limits of the Town of Los Gatos, three- quarters of a mile south of Kennedy Road and three-quarters of a mile east of Blackberry Hill Road. It is bounded by District lands to the north and east and by private property outside the Town boundary to the south and west. 2. Topography, Geology and Natural Landscape The property rises steeply from an elevation of 1600 feet at the northeast corner to a 2405 foot knoll in the center of the eastern boundary, part of a ridge radiating westerly from the main spine of the Sierra Azul range. The 10 to 15 acre ridge area has relatively gentle slopes and fine views. This ridge is the highest visible point south from the Town proper. The chaparral community on the property is a mixture of chamise, ceonothus, coyote bush, scrub oak, toyon, coffeeberry, manzanita, and poison oak. This habitat is likely to be frequented by deer, coyotes, raccoons , rattlesnakes, lizards, and a variety of birds . A tributary of Limekiln Creek originates near the center of the property. The soil of the property is decomposed Franciscan sedimentary rock. Because of the steep terrain the property is well drained in all directions. B. Planning Considerations The acquisition of this property for open space has been found to be in conformity with the General Plan of the Town of Los Gatos. It is zoned HR - Hillside Residential, and is eligible for only one homesite under this zoning. The property' s hillsides form part of the scenic backdrop of the Town of Los Gatos. The hillsides are generally characterized by a slope of 50 percent or more. The shallow soils permit rapid run- off and erode rapidly when vegetation is removed or off-road vehicle use occurs . The dense chaparral presents a high fire potential, particularly during the dry summer season, but District management of the property will provide better protection against wildfire and illegal vehicle use of all District property in the area, due to increased control. R-86-16 Page three C. Current Use and Development The property does not front a public or private road. This property is connected to Blackberry Hill Road by a Jeep trail through the District' s existing lands . There is also an undefined easement described in the title report, but the affected servient parcels show no physical evidence of an access road ever having been built. Blackberry Hill Road west of the property provides the closest access point to the site. A steep four-wheel-drive trail branches east from Blackberry Hill Road, crosses private land, and enters the District's Kennedy Road Area. The trail continues diagonally through this por- tion of the preserve and turns south, rising steeply to the subject property about three-quarters of a mile from Blackberry Hill Road. The trail, currently overgrown, climbs across the northeastern por- tion of the property to the high point of the ridge, where it again enters District lands and connects with the main north-south trail along the spine of the Sierra Azul. No public utilities , including gas, electricity, water, or public sanitary sewage facilities are provided to the parcel. There are no improvements on the site. D. Potential Use and Management The overgrown trail on the property connecting the two non-contiguous sections of the Kennedy Road Area could be reopened either as a fire road or trail. This trail would 1) give hikers, equestrians, and bicyclists access to the property, 2) link Blackberry Hill Road with the main north-south trail along the crest of the range, and 3) create a through route from Kennedy Road to Blackberry Hill Road. If the old alignment is not excessively steep, it would make a good Ranger patrol route. Before this route is reopened, however, the Blackberry Hill Road entrance should be secured against motorcycles. Lack of a trail through the property now prevents motorcyclists from reaching Kennedy Road and the ridgeline trail. E. Interim Use and Management Recommendations 1. Boundary plaques will be installed where appropriate. The cost is estimated at $30. Funding is available in the current budget. 2. The old road alignment through the property should be located and evaluated. A decision can then be made as to its suitability as a fire road or trail. F. Dedication I recommend that you indicate your intention to dedicate this site as public open space. G. Naming This property should be named as an addition to the Sierra Azul Open Space Preserve - Kennedy Road Area. R-86-16 Page four H. Terms The District' s option provides for a total purchase price of $225,000 ($1,800/acre) , and is in accordance with the approved appraisal. The terms would include a down payment of $70,000 (31%) with the balance payable over 5 years at 7 percent tax-free interest. The note would be secured by a first deed of trust on the property. t,l -� � (_'``�.-�,lr� /sod _ \o� � t- .. - • ,:�.�' �;� _ a' � \ _._ <1 Kennedy Rod = • `� I" ea 05. ;Limestone `��\\ 1J1 Quarries �8 Open Space t Easement Proposed' a, / �— �il _ Addition C v o i Limekiln Canyon T Area E , - i L E1 Sombroso y 1 � .��r� ._ ,-"� `_ -•_ ��,�� ,� � Area 2ntere.s , Q�- 'V C:i.l > b,` S, ♦5 C� / o �l San c 3 s z " lose" wlp Campbell; •�:°;4 ;. �� `� �_\ �� ' ; �.�. �_;:. T • Ilk 1 -,E• E4Fy -Q ` \` ` -J -i G�7` �// y \JI �;. aratoga' Rye aI �2 y O.OSSON- - 81. E' ' ? Site Ma Los Gatos "�E t p ER UICKS OU,LN VFR'DO DRX Sierra Azul [X,RC ION RFS. CUAD�LL�E �_ _ 90 'S I ` \ ■ ' RES WAIER _ '' - � 1 1z,&-.- Open Space Preserve ■' ..?ER REC.AREA REC.A4E� - ` ID �`' asrEN:r 0 AFina }E,�w• ` ? nuE r 'tJ` Redwood °'arcroft e n R J, Es`atesC. ...:,f�m C :•�,�' TV,.R k•, 1 — 20 00 , North RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF OPTION AND PURCHASE AGREEMENT, 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 (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF EILERTSEN) 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 Option and Purchase Agreement between Ernest B. Eilertsen et ux, 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 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 $5 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $70 ,000 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1985 Promissory Note Fund for this purchase. OPTION AND PURCHASE AGREEMENT ' cam" THIS AGREEMENT made and entered into by and between ERNE B. EILERTSEN and" LICE ANN EILERTSEN, husband and wife hereinafter , called "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER'S real property located within the Town of Los Gatos, County of Santa Clara, State of California, containing approximately one hundred twenty-five acres (125) , and commonly referred to as Santa Clara County Assessor's Parcel No. 537-08-02 , and being more particularly described in Preliminary Title Report No. 551159 , dated April 25 19 85, from Fir st American Title Guaranty Company, said report designated Exhibit "A" , as attached hereto and by this reference incorporated herein and made a part hereof. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improve- ments attached or affixed thereto. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price shall be Two Hundred Twenty-Five Thousand and No/100 Dollars ($225,000.00) payable in the following manner: a DISTRICT shall pay the sum of Seventy Thousand and No/100 Dollars ($70 ,000. 00) in cash (less any credit to DISTRICT for the option payment of $5 ,000 as provided in Para- graph 7 herein) upon close of escrow as hereinafter provided. b The-'remaining balance of said purchase price of One Hundred Fifty-Five Thousand and No/100 Dollars ($155 ,000. 00) shall be evidenced by a promissory note which shall be paid in monthly installments of Three Thousand and No/100 Dollars ($3,000. 00) , or more, at the rate of seven percent (70) tax-free interest per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full (approximately five years, two months) . Said note shall be secured b a first Deed d of Trus t against the subject property. Option and Purchase Agreement Eilertsen Page Two 3. TITLE AND POSSESSION Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and cleai of all liens, encumbrances, judgments, easements, taxes, assessments, covenants, restrictions, rights, and conditions of record except: a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Typewritten Exception Number 3 listed in said Preliminary Title Report (Exhibit "A") . 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this transaction. , SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. COMMISSIONS DISTRICT shall not be responsible for any real estate sales commission or other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs , liability, loss, danage or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et se�. of the California Government Code) . 7. OPTION, ACCEPTANCE AND TERM OF ESCROW DISTRICT shall have until March 1 , 1986 to accept and exec-ute this Option and Purchase Agreement, and during the period following execution hereof by SELLERS, until March 1, 1986, this Agreement shall constitute an irrevocable offer (Option) Option and Purchase Agreement Eilertsen Page Three by SELLER to enter into a 'contract with DISTRICT on the terms and conditions set forth herein; in consideration of which DISTRICT has paid an option payment and SELLER acknowledges receipt of an option payment in the amount of Five Thousand and No/100 Dollars ($5,000. 00) . In the event this offer is accepted by DISTRICT and this contract fulfilled, the total of the option payment of Five Thousand and No/100 Dollars ($5, 000. 00) shall be applied against the purchase price as stipulated in Clause 2 a. hereinabove. Time being of the essence and provided that this Option and Purchase Agreement is accepted and executed by DISTRICT, as above provided, this transaction shall close as soon as practicable thereafter, but not more than thirty (30) days following the acceptance and execution by DISTRICT through an escrow (No. 551159) to be conducted by First American Title Guaranty Company, 329 South San Antonio Road, #8 , Los Altos, CA 94022, or other such escrow. holder as may be designated by the DISTRICT. 8. MEMORANDUM OF OPTION The parties shall execute a Memorandum of Option in the form attached hereto as Exhibit "B" , which shall be recorded in the Official Records of the Recorder 's Office of .Santa Clara County, California. 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or successors in interest of the parties hereto. Option and Purchase Agreement Eilertsen Page Four MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Ati Ernest B. Eilertsen r I'I Date 157 P5 Stanley Nor on, Distric Counsel ACCEPTED FOR RECOMMENDATION• Alice in Eilertsen Date: L. Cr ig Br tton, SR/" Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors r ATTEST: District Clerk Date: 4 I, -1 A ME R ! 4 FAt .American Title uaranty Company �� •jr+ �j��/ 0CAMPBELL ❑CUPERTINO © LOS ALTOS ❑PALO ALTO '... .•,�. .__�-P•,�: 2020 SOUTH BASCOM AVE 10370 SOUTH OEANZA BLVD 329 SO SAN ANTONIO RD a$ 550 HA:•1LTOn AVE CAMPBE II,CA 9500$ CUPERTINO•CA 95014 LOS ALTOS.CA 94G22 PALO ALTO CA 943ri 14081 377-2992 14081 252-7004 Subiect to a minimum (4151 9st•1320 141513265050 charge required by Section 12404 of the Insurance ❑BLOSSOM HILL-SAN DOSE ❑SAN JOSE ❑ SANTA CLAD Code. 499 BLOSSOM MILL RD 675 NORTH FIRST ST 275 SARATOCA AVE. 1106 SAN JOSE.CA 95123 SAN JOSE.CA 9SI12 SANTA CLARA. CA 95050 1409i 227.5111 1408)2a6.6353 (406) 249-9611 Mid Peninsula TITLE OFFICER: Mary Wilson 375 Distel Ct. #D1 Escrow Officer: Margaret Riegert Los Altos, CA 94022 Your No.: None shown Attention: Sandy Voorhees Our Order No.: 551159 Property Address: No address available Form of Policy Coverage Requested: In response to the above referenced application for a policy of title insurance. this Company hereby reports that it is prepared to issue.or cause to be issued.as of the date hereof.a Policy of Title Insurance in the form specified above.describing the land and the estate or interest therein hereinafter set forth.insuring against loss which may be sustained by reason of am•defect.lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules.Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read.They are available from the office which issued this report. This report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a policy of title insur- ance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance.a Binder or Commitment should be requested. Dated as of April 25, 1985 at 7:30 a.m. 14 �. TITLE OPERATIONS MANAGER Title to said estate or interest at the date hereof is vested in: ERNEST B. EILERTSE14 AND ALICE ANN EILERTSEN, husband and wife, as joint tenants The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to t he printed exceptions and exclusions contained in said policy form would be as follows: SEE NEXT PAGE Page of FORM 4288-201 (REV. 12l83) Order No. 551159 Page 2 1. Taxes for the fiscal year 1985-86, a lien not yet due or payable. 2. The lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Reservation contained in the Deed from L. G. Casaletto and Ada Casaletto, wife to P. E. Rogers, dated April 28, 1923, recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: "Reserving to the Grantors a right-of-way over and across any part or portion of the land herein granted for ingress and egress to the lands of the parties of the first part herein, said right of way when built and made to be built and made where most feasible and accessible and said right of way to be of sufficient width for access to said land with any and all kinds of vehicles." 4. Any and all unrecorded leases which may be disclosed by an inspection of the premises. AV A- EXHIBIT 401 P-19C c� Order No. 551159 NOTES: page 3 A) According to the public records, there have been no deeds conveying the herein described property recorded within six months prior to the date hereof except as follows: NONE B) Both installments of taxes for the fiscal year 1984-85 have been paid in full. Ist installment : $310.67 2nd installment : $310.67 Assessors No. : 537-08-002 Code Area : 03-043 page 3f Order No. 551159 Page 4 LEGAL DESCRIPTION: Real property situated in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: ALL OF LOTS 11, 123- 13 and 14 in Section 26, Township 8 South, Range 1 West, Mount Diablo Base and Meridian, according to the Official Map thereof on file in the office of the Federal Bureau of Land Management, approved on April 17, 1882. EXCEPTING FROM the parcel of land firstly hereinabove described that certain parcel of land described as follows: PORTION OF LOTS 12 and 13 of Section 26 Township 8 South Range 1 West and being > > g � g P more particularly described as follows: COMMENCING at the Northwest corner of Lot 12, running thence South along the West line of Lots 12 and 13, 40 chains to the 'Southwest corner of Lot 13, running thence East along the South line of said Lot 13, 10 chains; thence North and parallel with the first described line 40 chains to a point on the North line of Lot 12; thence West along the said North line of Lot 12, 10 chains to the place of commencement. (WE NOTE, BUT DO NOT INSURE) a right of way as provided for in the Deed from L. G. Casaletto, et ux; to P. E. Rogers, dated April 28, 1923 and recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: RIGHT OF WAY over and across any part or portion of said 40 acres hereby reserved to the Grantors and which said right of way shall be for ingress and egress over the lands of the parties of the first part to the lands' of the party of the second part, said right of way when made and built is to be made and built where most feasible and accessible and of sufficient width for access to said land for any and all kinds of vehicles. (WHEN DRAWING PAPERS OMIT PORTION IN BRACKETS AND SUBSTITUTE THEREFOR THE WORDS "TOGETHER WITH") _ I 1 I A-4 EXHIBIT Pa a „�O LIST OF PRINTE_ .:XCEPTIONS AND EXCLUSION,,, kBy Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B Tot c^ cv ooes•set ins.,•r aga ns:'ass 0•aamage,"Of aga-.•ce5-s W!G•ntyl.tees or Qapenit%.any,0•a.Cot wn�Ch 3--se by reason 0'the fODOwing- Pa-t 1 Taxes 0,assessments which are nct Mown as east-hs 'ers by :^r v:ords or any fa rig author ty that levres ta.es or assessments on teat 0,0P1,V or by the pub,+c records OOCeede CO,9.1 ODs a pub,-C dg?ncv which may •etu't,r ,a,et o•ati-st.'nents.O'rOo•Cei 0.Welt o'octed-ks whether Or not shown by the records O!such ag,tncy o•by the 2 Any fa.-s•on9 nl.lpf crests o-coa�m,which a,e not shown by'hit aubbc re:0•ds b,,'lunch could be ascertained by an.nsoectmn o'the land or by making inquiry of persons In 3 Eateretents,"C ris o'encumbrances.or cla•mi thereof.sun eh are not shown by the pub'-c•e:o•dt 4 D,%C•epanC.es,ean!.,Cts n bounder•♦ lines,shortage.r area,enveacnmknts.or an,olne•facts w y h,Ch a correct Witt wpu'd d-sc!ose•and which are not shown by the pub+.0 records 5 fat Unpatented m"n,ng Cams: W resonators Or eacep:-ohs,n oatents or In ACT%auth0riz rig the issuance thereof lu ware•eights,claims O-tide to water. 6 Any right,Tolle. nte,qst.estate or easement In rand beyond the lanes Of the area wec•f•cany described or referred to-n Sched,.'e A.0t.n abutting streets,roads,avenues, akfey s, ernes.ways or waterways but nothing in This paragraph sha:l rnod�fy or 1. ,t thl latent to which the ordinary fight of an ebufeing owner for access to a phyLCY:y Open street Or highway Is insured by this policy - 7. Any law.ordinance or governmental regulation Imclud.ng but not Itm,ted to bur:d-e.g and zoning Ord-nancesl restricting or regufat-hg o•prohibiting the Occupancy.use or enjoyment of the land, or re lu'ating the character.O,ment,Ohs,or location of any emp.orrthhent now or hereafter erected on the land.Or proh,bftrng a separation.n ownership a,a reduction rn the d,mens,ons,or area of the Una,or the effect of any nolaf,o,of any such law.ordinance Or governmental regutat.On, B Rrghtt of eminent doma,n at governmental rights of oo'rce power unless nonce O!th!e.erClse Of such•.gets appea4 m the publ•[rtCOrtls @. Defects,bens,encumbrances,adverse crams.Or other matters sae created,suffered,assu ned Or agreed 10 by the Insured C(a,maat,flat not shown by the Oubt-e records and not other.se exUsfcled from Coverage bull known to the insured Cla mart ether at Dal of Pahey Or at the date such Ua.maht acquired an estate or interest insured by This 004CY or acQuoted the insured mortgage and not dnsvosed on writ-ng by the-nswed,a,ma••t to the Company prior to the date such Insured claimant became an Insured liweuhoe•.fcI resultng.n no loss 0, damage to the Insured C>a•mant,Id:dotaeh,ng Or C'eated ubsequent TO Date Of PO!-cv.or fat resulting In,toss O-damage which wou'd hot have been suttd-neO If the,ntu•ed clamaht had t!".of our.^hate•0•lnCumbra•re to,vi'u?Y.":hour knoy,tedge 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-.1970 (AMENDED 10.17-70 and 10.17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 ta) Governmentat police power. (b' Any saw.Ordnance o,govern- enta'regr.:a:.On re at•ng to"y.0f.m"',10 O-Otecoon " fcl m en p n ^an o•^oJernmen;a,rogu at.pn t n:ud rig It,n0:loin led to build ng and zoning O•d nancesl res:•.Cang Or regulating or proh,b I,ng the occupancy.use o 1 W Or the:A a.O• regufai-rig the cna-a:it-.a mer S,Ons O• toca"0'Of any,mp'O+emenl now Or hereafter erected on the land,of pfOh'b•t,n drat on n owners'C o'a chap,n the amens•ons or area O':he and or any pace.of wh,Ch the old s O,was a part g a se p Id) The effect Of any nOfdt>on Of the matte's exG"uded word"far.to'Or let above un:eSs n0 ! ect, er o,encumbrance fetuftin front a no!aAoh h ce o e dot i, g as e-to reCor*c n Date Of PO',:e o those se's of .n wn.ah 0, la•state Ra-thou-, -knot,m0rigagrs.',t Dendeni,bens or other eifit encumb•enctt must Of recorded.n o,tle-t0.Mpe•:CCnstruCT•vt n02-Cr iC OurC haSr'3 Of the:and f0' ere u?and N.ihOut knDW'edg?,prov',ded.however,that W.th Out!rm.tat,Oh.such records she,,hot be cohs:•utd to-ncludt records in any of the of',ces of federa•state or local ehv,ronmenta'p•ote:t,Or,zoning"bu,lo•ng.heam o•pub.,e safety authorities. 2 Rights o'ern r.ht Coma to units%ndt•ce d the e.trc se or socn,gn s appears.n The putr,C records at Date of Po--cv 3 De'ecn.,'ens,en:ur*'b'i^G!s.ac,,vsr Ca ms.Or other milt lt'%fe'•Creattd,sufie,td,assumed Or agreed tC by the Insured ttamant.(bt no,known to the Company and not shown by the pub,C fec0101 but known t0 the insured C'a•nan•.If the'3'Date Of PO 4y O'at the date such cla"mart acquired an estate or Interest by lh.s po'�cv and not d-sclosed.n wr.trg Of the,,su•eo CIO mar.:to the Company 0'or to the sate SuCh•n Su red C,a.mant became an-nsuld hereunder;(CI tesult,ng,n n0 toss 0.damage t0 the Insured CIS mane.Id' attaching 0'created subiequer�t to Date a'Policy.or Ili•esu,t,ng in loss O•damage wh.Ch would not have been sustaned-f the insured clot mans had Pa tl value for the estate O',rie•er nsuted by'his oo!•cv NOTE! The 10-17-64 amtndments of e-Ouvons 1 and 2 above w,"be Inco,pO,ated into the policy by attachment cf an-Endorsement Amend,ng Po•,cv••,endorsement number FA 27 1. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS in add R,Or,to one E.CepTOns.n Schedule B.you are not miu-ed aga,nst loss,costs,attorneys tees and e.pensts resulting loom '.. 1_ Governmental po!:ce power. and the existence Of of"Wa:•On Of any law or government regulation. This includes building and zoning Ord.narices and also laws and regulations concern,ng • land use • land d,v,$,On • Improvements on the land • environmental protection " This e.ctus•on does not l.m.t the toning coverage described In Items 12 and 13 of Covered Title Risks 2 The eight to take the land by Condemning.t.unless a no!,ce of taking appea-s m the public records on the➢m,cy Date 3 Title Risks • that are created,a:!oweo,o-agreed to by you • that are known to you,but not to us,on the Policy Date•unless Inky appeared on the public records • that resuo,In no loss to you • that f.•st affect four rite af:e,the Pot-Cy Date•this does not 1-mil the labor and m3ter.at lien Coverage In Item 8 of Covered Title Risks 4 F a•,ure to pay value fa,your:,lle. 5 Lack of a right • to any land ou-s,de the area soe:,'-Ca',y described and referred to.n Item 3 of Schedule A,or - • in sioeeti,alleys,or waterways ma:touch your land Tn.s exaus,on does not frm-t the access coverage In loem 5 of Covered Tolle Risks SCHEDULE B-EXCEPTIONS In ado.t-on t0 the Exclusions,you are na!Insured aga,hsl lost,cot!% at:Orneyi tees,and expenses tesuit.ni•from 1. Any rights,interests O,clams of panes or possess.on of the land not shown by the public record% 2 Any Casements or Lens not shown by the pubt,c records This e.Cec,,o„does not Irmo The f.e.t Coverage on Item 8 of Covered Title Risks 3 Any facts about the land which a correct survey svou�d d"snose and which are not shown by the Pub'.c records This excep:,On does not limit The forced removal coverage.n Item 12 of Covered Title Risks 4. Any water rights,Ua,ms of title t0 wale,on O,under the iancl "1 44 Continued on Next Page ��t FORM 4288 1 (REV 3 851 Page o' f 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY r 1970 WITH A.L.T.A. ENC 'EMENT FORM 1 COVERAGE (AMENDED 10 and 10.17-B4) .DULE OF EXCLUSIONS FROM COVERAGE t u� Gorr^rn>^;a Do ce dower !bt Ans 'an o'o^ante w rt*aT.hg to eh.•O^m.n:t. p•ote:"O-i . tc, It, tr mr a J' rrpa9dv en tt.V.a.r?y the..v..+in:ud wig b. r.a,omit-.a:r bv.a ry e•.:zoo nS ord.nancttf.rsr.enng p..eyi:at.ng o•Pfon.b.;ing the occupancy.sett Ow^@Yn P O•a Crean +,n n g t q r.cha•3Cer,d.n+r•,s.O,q 0' •OCa,-br Of ens mp'Jvtrntrt now or hrrtllft,e•ectrtl on tht:and-o•prOh.b,t.n•b separal on ih t !dmens-Om O+3'ea of the land '1 9 0•ails Da•:r J whim the'�rtl s O•was a part ftl` The ef'e.! of any v Oiat O^ e+ the mattes etct�d^O under law, 10'0• :ci above unless notice Ot a defect.Len or encumbrance refutt.ng from t vptat•on has bean recordttl a.Darr o•Policy [nose•eco-ds•h vsh�ch under state%tatutts Betas r"Iyagf•s,hs panders.Lens o•plot•tine ercumbra sees must De rteorMa•n ardr to impart CC^strict ve hot cc to pi•cnas-rs o•the land+o•valve and vvrwi0ut srowteagr.D•a:idea,nowevn,rnat w enoul!im canon,such records snit, nit:tr.consrv'rtl t0 ^:utlt•eCo"Os *any of He t'•Ce%Of fede•'.state O•iota't•.'+.,•p'+•-•.+•.r'D•O!tC:o^.toning.bu.td my.health Or pdD;.c safety autho•.Irts. 2 R gills Cr ern Went 0-c-S,unless nat•cc c'the exercise of such ognts aJora•s r'Inc aub iC rec0•ot at Date o,Po"icy 3 Oe*e:•i. •^i a^t ir^.Oldi e[[,Ad.e•S•CA mv O• Off»,mane•%t 'Created sv"±retl ass:.rhrd Or ayr•d tO b;the."wtcl efa•mant.Ibl not known to:he Company and no. snore• Ov a Pvo c rfrc0•d b.a know-to tn. nswed c'w m„nit e•t^•:•j:Do"0'PC— J•x Tor calf such C'a man:aeon red an estate O•,n tp0it tnswed by•^s pD tv O• a:q..nee t n"s."ra fho:gage a'a no:a sc c5ed sm.:,ny by twin.r rorto c.a ma-:it tat COmpyny O••o•Y the Care SUCK insured Cta.mam became an insured r^•tu^dt- 'ci leer,^g ^a'os%a Oamage To:ht nsu•eo t,a mg••: .dr a^a:r•.q m C-catee substd,-•r.10 D•i:e or PO'iCy -except to the extent msuranu s atfordetl hrrin a%:e Cry s:a:ua•r -ie^ 'o• ab0• o• matt•a a to file extent rsu•anct s A-Ceclea nr• ss to asstumrr•ts for &Tree: 'rrtp,ovemtnu under construction ar coin •ete:a•Date o' PO•cv i P 4 U^t•'•O•cea0 is C•'he"err O••••, es-•rd mpr:g3%lr ycause of.a vie p'the r,rfur?:a•Datr 0'PO.CY or O•any subttouent Owner of the.ntlebtil i t0 COMO t w th AOp cab f OO wig bus vsi taws o tea S.v"•r wh Ch:wit and s s tva:ed NOTE. Tr�1, 1'17 4 amencme^.ts at erc'us one 1 accf 2 above suit:De rnCO'00•atrd No if S on',cst by attachment Of an"Enao•semen:Amend rg Po ley fen tla,S,,eAm- 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B- 1970(AMENDED 10-17-70 and 10-17-84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. tit) GOve•nmenta•OC•,Ce Dower. lb) Any taw,ordnance o•governmen:a:regulation,relating to tour.onmtnU Protection Iet Any;aw,old elance Of g .p-t regulating the Iinctvd•hg but not limited to bu•Idng and zonmg oid,nancest restficting Of regulating of Prohibiting the occuoancy.use Or lr hen lby, t Of the land, guta:.n g the character,ttiment•ons o,IOCan oir Or any i emtnt now or nereahn elected pre me world.,or prohibiting a%coded:ion inw One'ihip O•a mge an dimensions diminOn4 Or area Of flit[and O'any paste:O!w -and is n�tn the•a^ O•was a part ld) The effect of any v.o!at•on of the matters exruaed under tat lbf Or let above.vr'ess notice of a detect,lien or encumbrance resulting from a violation has been •ecoraed at Date of Policy rn those records to which under state STatutes deeds,-0gars.Ls pendent,hens or Other t,fte encumbrances must be reeordttl•n order to impart constructive nonce to purchasers of the sand for value and w.tnovt knJwteagt.O.o..ded,however,that without I'rn,tahon,such records that,not be corturued to,nclude records.h any Of Inc off cis of federal,itaft a•coca'tnv.•prrsa n;at p•Ote:r.or,zoa.nq,bu+Iding,hea!ih Or PublrC Safety autho,.t.es. 2 Rights of ern.nent domain unless apt ce of the axe-c•se Of such rights appears,n the pub•C reeo•ds At Date of Po',cy. 3 Defects,1•ens,encumbrances,adverse c,a,nfs,Or other manta la'Created.sufte,ed,assumed Jr agreed to by the insulted claimant:fb)not known to the Company and not shown by the pubt•c records bvt known 10 the•ntveo t:a.man:ether A. Date of Poi:cv or at the date such Claimant acquired an estate o•interest by th a policy and not disclosed•n.,ung by she insured G m arman?to the Company 0,O•to the date such insured C'a•ma^t be:amt an insured hereunder.4cl resuting.n no.as%o,damage to the insured sea mast, Idf attaching o•created subseauem:to Date of Po••cy.or let•esu:-:wig,r as%or aamage which would not have been sustained•f the•nsu,to Ga.man:had paid valve for the estate Or interest�rlsu•ea by this pot•Cy. NOTE: The 10.17.84 amendments of exclusions 1 and 2 above w, be imco•oo•a-td into*he Dohcv by attachment of an-Endorsement Amending Po:tcv".endorsement number FA-27 1 SCHEDULES This 00%ty does not insure age net loss or Carnage by reason O'the matters sh,wr,n parts one ana Iwo fo•,owi,ig Part One i. Taxes Or assessments which are no:shown as ex,%hng liens bs the records of any ta-g au:ho•.h that levies taxes O•assessmtnts On real property or by the pubt-c rtco•as- 2 Any s n•.r,gh-,t. interests.or e'a.ms w-,ch are not show-or sae pib:c records but wk.ch cvutd be ascertained by an inspecti S on Of sold land o•by maton .nqu,ry of Pe io '... h e S DOSSS On thereo 3 Easene•tt.cla rns o'easement Or ercumb•ances wn,eh ate no:shown by the public records 4. D•sc•ro),c es. ccnf„Cts in Pcuriea.v lines, sno•:age in area,t crop:nmtns,or ens diner facts which a correct survev would disclose,and which art nor snow•:by ICI Public •:olds 5 Unpa:e'+ttd milli 0a,ms,rest-mattons O,except ons,r patent%a,in Acts au:nJ zing the issuance thereof.water rights.Cr-a nos O,tale to water 6. Any,tn.a,right to a nf:n,for se•v;es,tabor or material heretofore o,hereafter fvr snea.imposed by law and not shown by the puQhe records 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70 and 10-17-84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE The fO'!Ow.ng!oat Xrt are expressly excluded from the coverage Of this poicy' 1, fat Gove•nmentat pot•ce power lb) Any law,ordinance o,governments regulation relating to environmental ProtectiontcI Any law,ordnance a•goveramtntal regulation bncludmg but not limited to budd.ng and falling ord,nancesl restr•cT,ng or regulating or prohibiting the Occupancy,use or enjoyment of the land,o•regulating the character,dimensions or location of any,mp,ovement now or hereafter erected on the land,or prohibiting a separation in ownership Of a change,n the d•rnsnt•Ons Or area Of the land o,any Parcel of which the land,s or was a part. ld) The effect Of any vioial,on of the matters excluded under fal. (b)of (0 above,unless notice of a defect.Len or encumbrance resulting from a violation has been recorded at Date of Policy it those records in which under state s!aTules deeds,mor,Sagts,Ls Pendell%,Lens Or other tine encumbrances must be recorded in orde,to rmpa't conttrirctwe notice:O purchasers of the land for value and without knowledge,provided•however,that without limitation,such records shaft not bt Construed to ncatle recofos in any of The Off ces of federal,state•or tOca'environmental protection,zoning building,health o,public sately authorities. 2 Rights 0'tm nenl coma unless rc:ite of the exe•ctsk or such rights appears in the public records at Date Of Poi,cv, 3 Defects.,.ent,encumbrances•adversir cta•ms,or other matters fa)created,suffered.assumed a-agreed to by the ensured claimant.Ibl not known to the Compans and not a`qo.-or the PublrC recO•ds bit krOwn t0 the.assured Cla•manr a the,aI Daly of PohCy a•A.Inc date such Cir,mant acquired an estate Or interest ensured by this pOt+cv Or o tine insured r^o•gage and rot d.sclosed,n writing by the•^w,aa c.a.mao::o the COmParev pr10-to the Odle such insured ca wean'became an insured htteundef.(c, re tusbng in no toss o•damage to the•csured clamant,to)attach:nq or created subsequent To Date of Policy lexcept t0 the extent insurance,s afforded hereir as:a an vtad!ty lOfy l,en to, 'ab0, O• material O, to the extent wilwance�s aftoratd here.n as to assessmtnts for Street improvements under construction Or completed al Date of Cy.f 4 Unenfo,ceab lrty of the Len of flit mused mortgage b,cayse of fa.lu,e of The insured at Date of Pahey or Of any subsequent owner of the indebtedness to Compty with app4caD'e"Odin busn•ts"I w + n n h. n•land,a s p the State i w h a 1 g c t d s s�tw rd. NOTE: Thet .t d + t i 0 78 amro min n "Al ..- tl _ x o exc set o stand 2 Above-w De incorporated:mo Tnr policy Cattachment1 O b n numb•rFA" 1, Y vo a Endorsement Amending Polrcs",endorsement _ 27 SCHEDULE B This pO:.Cy does not insure aga.ru lots Or damage by mason of the matters shown,h Patti One and two lonpw•n 9 Pa*t Oar 1. Taxes o•assessments which are not shown as existing hens by the records of any falling autno•,ly that It•v.es-.axes or assessmtnts on real property or by the public records. 2 Any facts. fights, •nTelests. or clams which are not shown by the pubic records but which Could be ascertained by an inspection of said land o, by making inquiry of Persons in possession thereof - 3 Easen+f n:s.C,aims or easement o,encumbrances which aft not shown by,he public records - 4 DiscreparKies,conflicts in boundary tines,shortage rn area,encNOachmenls,or any Other facts which a correct survey would disctose,and which are not shown by Public records 5 Unpatented mining dams,tese,vat•pns a,exceptions in parents 0,in Actsauthcriz•ng the issuance thereof.Ovate,rights,claims or t•Ile t0 watet � tt{{ txp.r1v� .�i�y► t. 6 Any hen,Or right to a hen,for services,labor or material theretofore 0,he•eat:t,lurn,shed,imposed b law And not shown 6.f�@••q�ad� g Y a o by the Public records FORM 42882,REV 31851 / �""• �hl L•i 1,(nr.11Y Jb;L;YA. MANIA Clnr:;. COVnIr, CAUTORRIA _r----"'-_---- 537 J•/.A.rM/ ' H 300� ws,t COA �:lcc% _ Wsic00 ca 1 PfF ID 9 I I r i I t I 21.2a u 41.33 AC 41,42 A4 41.51 k l SODA. Y r' 1004 1001 0OAC�• AIIDPENINSULA REDIONAI OPEN SPACE DISYRICT _7gFn xui Y ur 1 iyp 1 I j I 21n Ar WM A. N.12 Ac 41SI U G IO !3 i ♦00 Ae 100 A.1 SOOk am TW 3m 7.C%O A, 36 25 ....I Y. L 26 b .. _ICE _ TBS,R.lyi WA THIS IIAr SWAY OR WAY MOT K A WMY OF 7Wf LAXO D4 ►TOYED HEM IL IT IS NOT ID K ICLIEO I>rOM FOR AXY r IPOSE OTHER THAN 041EKTATI HO 015ES ULF AS TD THE ' T!-..'•"� OEHERAI EDCAnON Of THE PA=l 00 rARCU3 OF MUCYT. 558 i - FIRST AtAEmm mU OOUPW=LIW t MO LWILIEY FOR �. TOSS bit go—a A23JETI4 MW 4ELVia TMREOM. ompiled in conforTn]nce vitll d ec.327 of the Revenue G EJXI , ation code effective 311/80. Alfred E. Carbon • Assessor WHEN RECORDED RETURN TO: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 ATTENTION: L. Craig Britton MEMORA-NDUM OF OPTION THIS MEMORANDUM OF OPTION is dated this th day of August, 1985, and is notice to all concerned that an Option and Purchase Agree-- ment was entered into by and between Midpeninsula Regional Open Space District ("Optionee") , and Ernest B. Eilertsen and Alice Ann Eilertsen, husband and wife (collectively, "Optionor") , on the th day of August, 1985 , wherein Optionor granted to Optionee the exclusive right to purchase that certain real property owned by Optionor as described in Exhibit "I" attached hereto and made a part hereof by this reference. The term of said Option is from the date hereof to and including March 1 , 1986. IN WITNESS WHEREOF, the parties have caused this Memorandum of Option to be executed as of the date first above written. OPTIONEE OPTIONOR MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AND ACCEPTED: Ernest B. Eilertsen President, Board of Directors Date: ATTEST: Alice Ann Eilertsen District Clerk Date: Date: page o ` EXHIBIT "I" to MEMORANDU11-1 OF OPTION Real property situated in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: ALL OF LOTS 11, 12, 13 and 14 in Section 26, Township 8 South, Range I West, Mount Diablo Base and Meridian, according to the Official Map thereon" on file in the office of the Federal Bureau of Land Management, approved on April 17, 1882. EXCEPTING FROM the parcel of land firstly hereinabove described that certain parcel of land described as follows: PORTION OF LOTS 12 and 13 of Section 26, Township 8 South, Range 1 West, and being, more articular) described a particularly s follows: COMMENCING at the Northwest corner of Lot 122. running thence South along the West line of Lots 12 and 13, 40 chains to the 'Southwest corner of Lot 133, running thence East along the South line of said Lot 13, 10 chains; thence Norte and parallel with the f irst described line 40 chains to a point on the North line of Lot 12; thence West along the said North line of Lot 12, 10 chains to the place of commencement. TOGETHER WITH a right of way as provided for in the Deed from L. G. Casaletto, et ux, to P. E. Rogers, dated April 28, 1923 and recorded May 18, 1923 in Book 23 0JE,-'.icial Records, page 486, as follows: RIGHT OF WAY over and across any part or portion of said 40 acres hereby reserved to the Grantors and which said right of way shall be for ingress and egress over the lands of the parties of the first part to the lands of the party of the second part, said right of way when made and built is to be made and built -:here most feasible and accessible and of sufficient width for access to said land for any and all kinds of vehicles. AYN: 537-05-002 EXH 1131 �� CA 0f M-86-20 (Meeting 86-05 I, February 26 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM February 19 , 1986 TO: Board of ,Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager SUBJECT: Notice of Extension of Option for the Hosking Property Recommendation: To approve the option extension for the period from August 16 , 1986 to August 15 , 1987 and direct the General Manager (or the Assistant General Manager) to notify the Optionor (Alan Hosking) on or before March 1, 1986 that the District will be extending the option and making the required $300 ,000 payment on or before August 15 , 1986. Reason: To retain the right to acquire the remainder of the Hosking property within the next three ears with the resent intention of P Y Y P exercising the option at the end of the option term. Extension would allow the flexibility of not renewing or not exercising the option if the District's future financial picture so indicated. It is also finan- cially advantageous to extend the option rather than to exercise it from the standpoint of cash flow, including the effects of extension payments balanced against interest earned on delayed principal payments. Discussion: On August 15 , 1985 you approved the acquisition of 595 .45 acres of the Hosking land holdings which created the El Corte de Madera Creek Open Space Preserve (see report R-85-42 , dated August 13 , 1985) . As a part of that acquisition you also adopted Resolution 85-39 approving and accepting an Option Agreement which gives the District the right to acquire an additional 2 ,075 .29 acres of the Hosking property. Payment for the initial option period from the close of escrow (September 5 , 1985) until August 15, 1986 was included as a part of the initial acqui- sition. Beyond that date, the Option contains a provision for three one-year extensions which require the following payments: a) $300,000 on or before August 15 , 1986 b) $350 ,000 on or before August 15 , 1987 c) $400 ,000 on or before August 15 , 1988 However, because Mr. Hosking 's carrying costs (management of the land, taxes interest payments , etc. ) for the property would come from the P Y � P P Y sale of redwood timber if the District did not extend its option, the Agreement rovides that the District must notify Mr. Hoskin g P Y on or before March 1 of the calendar year within which the payment is due. M-86-20 Page two This early notification is required so that if the District does not extend its option, the timber sale process could be commenced in a timely manner to allow for timber harvest in the summer and fall. If the District were to extend its option for the first one-year period, $100,000 of the $300, 000 payment would be applicable against the cash portion of the purchase price of the land should the District elect to exercise the option in the future. Also, because the option extension payment repre- sents only 2.5% of the $11 ,725 ,000 purchase price, it is financially advantageous for the District to extend the option rather than exercise the option at this time. M-86-21 (Meeting 86-05 February 26, 1986) % or MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM February 18, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: M. Hale, Public Communications Coordinator SUBJECT: Request to Use Words "Open Space" in Special Typeface as Substitution for Leaf Design Background: After considerable research, analysis, and experimental design work„ the Public Communications Coordinator has prepared a new design which we would like to use on the District's new official letterhead and other printed materials. The District' s move next month to new offices requires that all District printed materials be revised and reprinted to include the new address and the new phone number. The new address is two lines longer than the present address. If the present letterhead design is used, the additional two lines make the second line very awkward and unattractive. It makes sound economic sense to incorporate a new design at this time because of the need to reprint District materials. To do so later would mean premature dumping of otherwise useful supplies. It is also more prudent to incorporate the new design at the time of the move to new offices, to convey a new look for the District, not only in its physical location, but also in its printed materials. Previous attempts to simplify the District' s name, by using an acronym, and by using a graphic symbol, have met with limited success in providing an abbreviated, yet easily recognized graphic identity for the District. Because of its official name, the Midpeninsula Regional Open Space District is not easily spoken, remembered, or printed. Its length and detail have prompted attempts to provide a clearer way of communicating the District' s name to the public. The acronym, MROSD, does provide simplicity, but is unpronounceable, therefore of no practical use. Further, the media have frequently published it as "MPROSD, " further confusing the District' s name. The graphic symbol, a leaf design, is sometimes mistaken as a marijuana leaf by the public. The words "Open Space, " therefore, are proposed as the best means of conveying the essence, the "identity" of the Midpeninsula Regional Open Space District. Emphasizing the words "Open Space" on all District materials will provide a new, easily identifiable graphic image for the District. M-86-21 Page two A generic graphic symbol such as a tree, a leaf, or some other element by itself does not achieve instant recognition without considerable expense for advertising and a "saturation" campaign to provide widespread use in the shortest possible time. A graphic symbol, until it reaches the stage of instant recognition by the public (usually only after years of use) is only a decoration, an embellishment. The words "Open Space', , however, provide instant communication about the concept and the substance of what the District is all about. Since the current leaf design does not provide widespread, instant recognition of the Open Space District, it does not serve a useful purpose, but is merely decorative. Further, its technical limitations restrict its use. It cannot be effectively reduced to 4", and the screening required produces severe quality control problems. The current leaf design does not hold up (reproduce well) in photo- copying, the main method by which official Board materials are printed. The meaning of the leaf is not widely understood by the general public. It does not enhance the District' s printed materials; it detracts from them because of its abstraction, and because of its technical limitations. To design and clear a new logo for unrestricted legal use will require at least one year. Since a logo is only an embellishment, it is not essential to use either the current leaf design, or to quickly design a logo to replace the leaf. It would be desirable to design a new logo for special uses, such as patches on Ranger uniforms, blazer pockets, caps that might be sold in special District promotions, television spots and films, slides, doors of Ranger trucks, bumper stickers, etc. Developing a new logo design is proposed as part of the Communications Action Plan for 1986-87. Recommendation: I recommend that you: 1. Approve the adoption of the words "Open Space" as the District' s official graphic design element to appear on all stationery, business cards, Board agenda materials, publications, and other official documents and forms. 2. Approve that the current leaf design be dropped from use effective February 26 ' 1986 to allow printing of letterheads and business envelopes before the office move to Mountain View. M-86-21 (Meeting 86-05 February 26, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 14EMORANDUM February 18, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: M. Hale, Public Communications Coordinator SUBJECT: Request to Use Words "Open Space" in S.pecial Typeface as Substitution for Leaf Design Background: After considerable research, analysis, and experimental design work the Public Communications Coordinator has prepared a new design which we would like to use on the District' s new official letterhead and other printed materials. The District' s move next month to new offices requires that all District printed materials be revised and reprinted to include the new address and the new phone number. The new address is two lines longer than the present address. If the present letterhead design is used, the additional two lines make the second line very awkward and unattractive. It makes sound economic sense to incorporate a new design at this time because of the need to reprint Dis- trict materials. To do so later would mean premature dumping of otherwise useful supplies. It is also more prudent to incorporate the new design at the time of the move to new offices, to convey a new look for the District, not only in its physical location, but also in its printed materials. Previous attempts to simplify the District' s name, by using an acronym, and by using a graphic symbol, have net with limited success in providing an abbreviated, yet easily recognized graphic identity for the District. Because of its official n- ame, the Tlidpeninsula Regional Open Space District is not easily spoken, remembered, or printed. Its length and detail have promp- ted attempts to provide a clearer way of communicating the District' s name attempts the public. The acronym, 14ROSD, does provide simplicity, but is unpronounceable, therefore of no practical use. Further, the media have frequently published it as "MPROSD, " further confusing the District' s name. The graphic symbol, a leaf design, is sometimes mistaken as a marijuana leaf by the public. The words "Open Space, " therefore, are proposed as the best means of conveying the essence, the "identit-yrif of the Midpeninsula Regional Open Space District. Emphasizing the words "Oven Space" on all District materials will provide a new, easily ;identifiable graphic image for the District. I WRITTEN CO�LNEUNICATION R°S?ONSE ACTION PRO?OSED BY STAFF Meeting 86-05 Board President Acknowledge/Respond — Director Acknowledge/Respond Feb. 26, 1986 / ✓ Staff Acknowledge/Respond I{ Draft Response attached Staff to be Directed to Prepare Draft — Rea Jnse for Board Consideration slderarton per Board Directive(s) Other I C�a°crt ��✓ �r� �.y.w Y3�. i a,.., w ^ WRITTEN COMMUNICATION Meeting 86-05 Feb. 26, 1986 �m ,/� / 13" I RESPONSE ACTION PROPOSED BY STAFF _ Board President Acknowledge/Respon4 • F O F S c D�, _ Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff Directed to Prepare Draft Responsese for for Board Consideration per I Board Directive(s) Other 411" Aw, IN t l '` A it C�� t a4tk Pa4,i,� r JY� WRITTEN COMMUNICATION Meeting 86-05 Feb. 26 , 1986 RESPONSE ACTIO`I PROPOSED of STAFF _ Board President Acknowledge/Respond _ Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached _ Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other M . R _ O _ S . O . EMINENT DOMAIN PETITION WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE I FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE NUMBER / - .27 � It`a C) z` C C Ca 3Ys-y MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: Fe, , 21, 1986 *ate' of Talifarnin GOVERNOR'S OFFICE GEORGE DEUKMEJIAN SACRAMENTO 95814 TELEPHONE (9 16)"5-2841 GOVERNOR February 18, 1986 Mr. Herbert Grench General Manager , Midpeninsula Regional Open Space District 375 Distel Circle, D-1 Los Altos, CA 94022 Dear Mr . Grench: Thank you for your correspondence concerning Senate Bill 806 . I am pleased to tell you that I have signed this legislation into law. Your comments were helpful to me in reaching my decision. Thank you again for taking time to share your views with me. Most cordially, George Deukmejian FEB 14 19�6 ELEANOR L MYERS consultant 732 Jackpine Court Sunnyvale, CA 94086 (408) 735-1574 U U M"T1515C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 February 13 , 1986 Michael Garrison U.S. Geological Survey Geological Division 345 Middlefield Road Menlo Park, CA 94025 Dear Michael : In reply to your letter, received at the District office January 27 , 1986 , regarding increased degradation of the S.C.E.N.T. Trail by mountain bicyclists , the Board has asked that I outline our proposed staff procedure in assessing and possibly alleviating the situation. We too have noticed an increased use of District preserves by the mountain bikes over the past year, but not to the extent of increasing site degradation you mentioned. We have met with several mountain biking representatives , other interested agencies, and an individual who is writing a book about the mountain biking in the midpeninsula area. At the same time, we are formulating our Trail Standards which will guide Board policies and regulate and dovetail the legitimate individual trail uses found on all District lands , including mountain biking, to the individual trails or protection roads . These standards are about four months away from public hearings. At the current time, I am not recommending closure of the S.C.E.N.T. or any other District trails not already closed to bicycles. However , in an effort to gather more information, I would like to set up a moni- toring system in the coming two months , hopefully with Docent help, to ascertain if resource/trail degradation is in fact increasing. If it is , I will recommend to the Board that the S.C.E.N.T. be temporarily posted as closed to bicycles until the Trail Standards have been completed, when it is quite possible that the closure will become permanent. I will be meeting with Jim Boland and Joyce Nicholas to ascertain how we can monitor the S .C.E.N.T. trail and I would suggest you contact Joyce if you can help. Any new data, photos , incidents of conflict, etc. would be useful in helping solve the problem. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Page Two Michael Garrison February 13 , 1986 I� Thank you for your letter and continuing interest in the District. ery tru y y urs, avid Wm. Hansen Land Manager DWH:ds cc: ✓4ROSD Board of Directors I i vi�i WK.�,� �i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: Craig Britton, Asst. Gen. Mgr. SUBJECT: F.Y.I. DATE: Fe bruary 26 1986 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 February 21, 1986 Ms. Frances M. Dempsey Foreman 1986 Civil Grand Jury County of San Mateo Hall of Justice Redwood City, CA 94063 Dear Ms . Dempsey: In reference to your letter of January 27 regarding the San Mateo County Grand Jury 's plan to conduct a study of the District this year, I am enclosing the following information in response to your request: A. District' s Financial Statement for the 1984-1985 fiscal year B. A copy of the District's budget as of June 30, 1985 for the 1984-1985 fiscal year C. The Controller's Mid-Year Financial State- ments for the 1985-1986 fiscal year D. A copy of the District's budget as of December 31, 1985 for the 1985-1986 fiscal year E. Agendas for the District' s Board Meetings from July 1, 1984 to December 31 , 1985 - ' P. Minutes for the District' s Board Meetings from July 1, 1984 to December 31, 1985 G. A copy of the District' s cash receipts sheets for the period July 1 , 1984 to December 31, 1985 H. A copy of the District's cash disbursement sheets for the period July 1, 1984 to December 31 , 1985 I . Copies of the District' s record of dVposits made between July 1, 1984 and December 31, 1985 to District ' s general fund account at Santa Clara County Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Ms . Frances M. Deml y, Foreman 1986 Civil Grand Jury County of San Mateo February 21, 1986 Page two J. Summary Sheets of District Revenue as prepared by Santa Clara County i K. A copy of the District 's 1984-1985 and 1985-1986 Annual Claims List approved by the Board of Directors and a detailed list of debt service obligations. Copies of claims. approved by Board of Directors from July 1 , 1984 to December 31, 1985 appear as part of the minutes for each meeting L. A Balance Sheet showing District 's assets and liabilities as of December 31, 1985 M. A record of .the 'District s land acquisitions including name of grantor, preserve, county, acreage, cost/value , and transaction date N. A copy of the District' s current Position Classification Plan for General Manager Appointees and salary information for Board Appointees O. Job specifications for District positions. Exhibit P details the type of improvements that have been made on the District' s Preserves in both San Mateo and Santa Clara Counties. Herbert Grench, the District' s General Manager, requested that I include the additional material relating to the District ' s activi- ties in Santa Clara County since the District is unique in the sense that it is a multi-county public agency. As a jurisdiction, re Tonal g many of the District's Preserves, particularly those in northern Santa Clara County, are available and used by San Mateo County resi- dents, as well as other members of the public who do not reside within the District' s political boundaries. As you are probably aware, the District was created as the result of a voter initiative in 1972 in northwestern Santa Clara County, and in 1976 residents of southern San Mateo County voted to join the District. The District ' s purpose is to acquire and preserve scenic and recre- ational lands in the midpeninsula foothills and baylands for use and enjoyment of the public. Acquired land is divided into Preserves and each of the District' s Preserves offer a diverse and unique low- intensity recreational experience for the public. Typical Preserve activities include hiking, jogging, picnicking, horseback riding, photography, wildlife observation, nature study , and, most basically, enjoying being outdoors in a natural , undeveloped environment. The District' s political boundaries encompass 81,500 acres in San Mateo County and 128 ,000 acres in Santa Clara County. The District currently owns interests in 8,340 acres in San Mateo County and 12 ,064 acres in Santa Clara County. Ms . Frances M. Demf T, Foreman 1986 Civil Grand Ju_ County of San Mateo February 21, 1986 Page three For your perusal, I am forwarding a copy of the District' s Basic Policy and Master Plan which detail the District' s goals and objec- tives (Exhibit Q) . Also included is a copy of the District' s All- Site brochure, Preserve brochures , and a copy of the District' s Openspace newsletter, If you require any additional information, please do not hesitate to contact Mr. Grench or myself . Sincerely, 4 �, t 1�1_A'L ( 'Jean H. Fiddes Administrative Services Manager JHG:ej Enc. cc: MROSD Board of Directors AIIDPENINSULA REGIONAL OPEN SPACE DISTRICY TO: Board of Directors FROM: Craig Britton, Asst. Gen_. Mgr. SUBJECT: F.Y.I. DATE: February 26, 1986 r 41 y .J 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM February26 1 986 TO: Board of Directors FROM: D. Hansen, Land Manager SUBJECT: Request to use "school" road - Long Ridge For your information, attached is a copy of the letter agreement recently sent to members of the Portola Park Heights Property Owners Association. This letter is intended to clarify use of the "school" road, and allows the placing of community locks on the gates at either end of this road. cc: C. Britton S. Norton MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE 0-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 SUBJECT: Use of District "School" -Road and Gate for Emergency Purposes, Long Ridge Open Space Preserve Representatives of the Portola Park Heights Property Owners Association have asked that the Midpeninsula Regional Open Space District agree to place a lock on the so called "school" road gates which are keyed identically to the Long Ridge Road gate at the north end of the Long Ridge Preserve (see "A" on map attached). The District has agreed to the placing of these locks under the following conditions: 1) That you as an individual living or owning property within Portola Park Heights will only use so called "school road" (see "B" on map) and appurtenant gates (see "C" on map) when a legitimate emergency occurs or with special permission from authorized District staff; 2) Authorized District staff includes the General Manager, the Assistant General Manager, the Land Manager, or the Operations Supervisor; 3) That you will agree to provide your own keys to the locks which will be pro- vided by the Portola Park Heights Property Owners Association and that dupli- cate keys will only be given to legitimate residents or owners of the area and not to tradesmen, visitors, or other occasional guests to your property. As you know, the District has provided a combination lock for the same reason on the "school" road gate in the past, but, in some instances, the use has been for other than authorized or emergency use. District rangers will be given a list of those who have authorized use of the road and will strictly enforce all other District regulations regarding motorized vehicles on the road. This will not, of course, apply if a legitimate emergency requires your traveling on this road. Other than emergency, an authorized use of the road would include the n eed to or enter exit your property over the "school" road due to a natural or man-made blockage of our legitimate acce g Y access road through of h the e north end of the Long Ridge Pre serve. n g clue. t'erbert A.Grench,General Manager Board of Directors.Katherine Dolly,Nonette G.Hanho,Teena Henshaw,Richard S.BishOD,Edward G.SheBev By your signature below you acknowledge owled e this offer the P g by the District which was requested by ortola Park Heights Property Owners Association. Very truly yours, David I?m. Hansen Land Manager DIM:ds Enclosure I will only utilize the "school" road and gates with the District's permission and under the conditions outlined in this letter. Property Owner or Resident Print Name i '•�-\- i�j / �..•� I � ``\J)// :i t v'.� \';�. `� �} �\�'t .1 ��`=.)• )tr'LtiJ r''•�• - ��. /s ,�•a r.ti '� �'/>l :f1t�: /t�//'/ �`'1'1 '_ ///// % Cl}1)� � t \�� .1�'� _ '�i �dsir -1• 'o'��/' a►�` ��.: f}`T` ..r} ., / '•... 'I � ...f') \ 1 �/,r •/� `:. ��:�z I .'•'1 �_•, y \.'1L./ �. ��i'. ��-.-v,��`+l•L'!'Qs l ��. ! SC�� :.\ t`` �\ , /� ��•' . :.��\� '��1\.� (��(\\��"�-..''1•.t �L' �I f ir1.1. ��:- - j -.r �i��_ l t �'J /� !/��'�� ` ! _ �} �...• �� //i�� , L.`�\ 1 ' �:-^'l(, i. `• � ��f'� �} �ll,\_ rTJ ,,rj�'•pMr'^ _•� H/y �$ /i .•may• L�. J ,/ / F'� - \`..`_�� 1��..1r�1''. �' ! '� t,.\_�. �L'� �j� Jf, f!11�-`t{ ( _ •f N. �•� f - �`^ -"-�J //'��"'-\\"�• J �i l V!�-\�� /(� (� .+ �/�./✓��- ,�\-.--�-'\ \.� {/:z �v��' ��i.11 l` � l f�f�L? v. 'S.3 /14 .�.�\J• I; "�a,�J 1 ��;,��• t.,,�./r-`'��,�? `^�Q, •\.',�� \ • \`.\/+:.ice'-, - �-�_ /�Jf'i:%'��'=� \C�� :µ'+`v�4, r j�/ �;�8 f2 '.�ti \\)•f �-��\ti:1�\\�•j J��-'�1`'=�� /'� �a��a-K� "_�� _`7 a Lam- / / � �`► "�1Lti�- \�'--. '�-,- , , ;. � ,.�., �, �_,: ,r � ¢J , � ., t✓,. ,:\�•1`1 J E r;3-� i 3`� �� -/ ,h__^.1`- '•��~� .,r °,t• �. �� ice/ � /� ��^' ,�. VA' %ice,,\ \ \:\`\�� i\ ; - `�l' t�t�-o 1 �� ()" 20" /r •i/�T?,o� '�J� - -=�=::�--�� \`�r�t',�v�. ��1�t''`==�r'o~r- x� Z` J � /Vtitijt t/a 1:2 G '� \• �j�-�.,,�� rf'��, � r t'l• `��t} o\ �� `;o'`.\ ��^� \��•l•:.� - ��, \ `\jam••/'��-��r /�� "t:;��vS _� -1`ti �!- Zong Ridge Road' i v �L ti)�:y ��;i�y`� �.� ,;��j '1� r __ �,..,,,_ ;�1 i•:��/1 �\'��l�r^-�??r��l�t��f. ��-» � '"��..%r�t ��\� '. - f/(�'? `��-�'I'•r may. r\i� .\,\:I:, �. "' - � l ✓ I ��+ ,ram -::..:. N / ti.-...�U�: +\^.• ��\.. V r;' t��, lr'�1.,11�. �. '/Z-„- P. .rX`. �--r / b r, O�i�r l�'•+1: tet r� /i��`�: , r •-•.�•t �)) ��1::� �,1,.`tt./ r�rIOOD�,I •� `-'Y�� Ji .�/ l ��n... �'J'•�• ..ram � qa n � '1 Ll !!for G('-•"-�`'l�i,`(��\•`�bSJ N!'-`1.��,, ("":' T. •:',1� ��`''1 '�e27 l! `t(�:.;r''�'..� /�� '�`/ 1 ) :�r��,� .•J,N �y,?,�' � i;ti-_E• s==.tea=��'�� r:9;`(. � ,}�1'1 II ��-: �^'� -•�I( !l�`.�-')��/ �\ �.• 1i` i (' Ni��''y� _ -= - ^ Z�i`�� > 114r1 � My ��: /.3 •t�'' `�� )��' Jf/�tgt !" ~! r� �,' •`��\ ,�: f ) t �, ` B Scho o ,�''a .Z Road-�tlp`\�f• ;P 3 �/\J1•� l�'• / ,,, •.� - 1 /^ rI/- f'.. J r`�-�� %Jf _ - ••il 1/p; ,a �J///`��J� r 4 'r /'1'n ` J� � �• n/}\`� �� Q Ou ,j' Gate -- /�/Jr�'� jifj, •,cJ � `� 1 11 �bd �✓ J�%\ ,/51��+ ) l ^\ r\��J/ /\\'ter` `� ;-V�^Jt �� K59J �a.,`�\.li {' �.' .•L�_ �� 'r: "i '� -_ - ,i�\•`\(\•\`•��,�`\a �;\ %:!!?s i��^� r J',�T I r(\�' .��J�,./��-��:��•---=/_-��l r ��!��..�f,j��/tc:i � t;fr' `(lol:� \. _' '�,,. \,,�1.-�\\��_��1r`.��_J•ry;�.�`� i -.\`\�� J./,��'-� ``��`��••,!-�. 19r,'[� �-�t 1\��^I � i Ih=1 e =�:Z�i:—\ \• - `1,\ Ul\«� :� z �) 1. , �� -._ ' y vt l '� 11; �--�� j- r �✓�..i- •,��\- 'xfV3�xllbrvp�+k'- S3tfll `l ;��•\�`�\�ctJ�sS' `' rg�� . \'_•-'��_, ��' �1�=`O'O�'' i/ �-� -�?fj �'f?)'� ,�,,. l"'�l� 1 t``� ��} � ,- •`� �� \�� I�WQ�_t7_1 i o. !i -i ice__ _� �;�'r:�,1�� _.�✓��r�� ..t��`—%f� � � !=��•^�� C�.I �� `��' /�ti `'-+`� �� .ti �^a 0:�1. �1'_�^• it � ..i __ I1 �a r' - :. --1 /. .7/, ,{rr„r �' -..� '. a,\ 'tb0 I- .�" S Y�"J//jl� � �.�-='!..-� _ t`, ��1, �-r=' �'•� �._/ _ 4.' Il,-� .Y,�✓1- �. °i - Long Kicige Open Space Presorve �` ti �` / --f;-�.•�•. . - ^�ti s-: \�• _ . .`tea • sc�rle 1" - 2000' tl1 CLAIMS No. 86-A Meeting 86-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Feb. 26, 1986` REVISED C L A I M S r Amount Name Description 9180 20.00 Baron Welding and "Iron Works Equipment Repair 9181 98.95 California Water Service Company Water Service 9182 23.84 Clark's Auto Parts. Parts for District Vehicles 9183 213.00 Communications Research Company Radio Service 9184 142,500.00* Continental Land Title Company Land Purchase--Mazor 9185 64.27 Crest Copies, Inc. Map Duplication 9186 26.77 Alice Cummings Reimbursement--Photographs for Grants 9187 83.46 The Dark Room Photo Processing 9188 1 .69 Pete Ellis Dodge Part for District Vehicle 9189 70,000.00 First American Title Guaranty Company Land Purchase--Eilertsen 9190 40,800.00 First American Title Guaranty Company Land Purchase--Jamison 9191 324.53 Goodco Press Office Supplies 9192 27.29 Graphicstat, Inc. Map Reproduction--Hassler 9193 131 .63 Herbert Grench Reimbursement--Meal Conference and Out of Town Meeting Expenses 9194 51 .67 Mary Gundert Reimbursement--Chair Rental and k , Private Vehicle Expense i 9195 110.00 David Hansen Reimbursement--Conference Registration 9196 21 .16 The Hertz Corporation Car Rental 9197 25.50 Emma Johnson Reimbursement--Subscription 9198 485.00 Los Altos Garbage Company Dumpster Service 9199 33.47 Los Altos Stationers Office Supplies 9200 1 ,070.00 Dr. Samuel McGinnis Consultant Services 9201 66.72 Mobil Oil Credit Corporation Fuel for District Vehicles 9202 24.80 Stanley Norton January Expenses 9203 368.33 On-Line Business Systems, Inc. Computer Services 9204 173.63 Orchard Supply Hardware Field Supplies 9205 98.00 Padgett-Thompson Seminar--Emma Johnson 9206 482.30 Scribner Graphic Press Printing' 9207 330.40 Signs of the Times Signs 9208 40.00 Sandy Voorhees Reimbursement--Membership Fee 9209 369.97 Xerox Corporation Maintenance Agreement 9210 46.60 ZZZ Sanitation Company Sanitation Services 9211 178.87 PAD Travel Out of Town Meeting Expense--Herbert 9212 Grench 190.24 Petty Cash Meal Conferences, Drafting and Office Supplies, Postage and Private Vehicle Expense -Check made out to First Interstate Bank for Cashier's Check to Title Company CLAIMS No. 86-04 Meeting 86-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Feb. 26, 19$6 C L A I M S r Amount Name Description 9180 20.00 Baron Welding and 'lron Works Equipment Repair 9181 98.95 California Water Service Company Water Service 9182 23.84 C.lark's Auto Parts Parts for District Vehicles 9183 213.00 Communications Research Company Radio Service 9184 142,500.00 Continental Land Title Company Land Purchase--Mazor 9185 64.27 Crest Copies, Inc. Map Duplication 9186 26.77 Alice Cummings Reimbursement--Photographs for Grants 9187 83.46 The Dark Room Photo Processing j 91$8 1 .69 Pete Ellis Dodge Part for District Vehicle 9189 70,000.00 First American Title Guaranty Company Land Purchase--Eilertsen 9190 40,800.00 First American Title Guaranty Company Land Purchase--Jamison 9191 324.53 Goodco Press Office Supplies 9192 27.29 Graphicstat, Inc. Map Reproduction--Hassler 9193 131 .63 Herbert Grench Reimbursement--Meal Conference and Out of Town Meeting Expenses 9194 51 .67 Mary Gundert Reimbursement--Chair Rental and Private Vehicle Expense 9195 110.00 David Hansen Reimbursement--Conference Registration 9196 21 .16 The Hertz Corporation Car Rental i 9197 25.50 Emma Johnson Reimbursement--Subscription 9198 485.00 Los Altos Garbage Company Dumpster Service 9199 33.47 Los Altos Stationers Office Supplies 9200 1 ,070.00 Dr. Samuel McGinnis Consultant Services 9201 66.72 Mobil Oil Credit Corporation Fuel for District Vehicles 9202 24.80 Stanley Norton January Expenses 9203 368.33 On-Line Business Systems, Inc. Computer Services 9204 173.63 Orchard Supply Hardware Field Supplies 9205 98.00 Padgett-Thompson Seminar--Emma Johnson 9206 482.30 'Sc.ribner Graphic Press Printing; 9207 330.40 Signs of the Times Signs 9208 40.0o Sandy Voorhees Reimbursement--Membership Fee 9209 369.97 Xerox Corporation Maintenance Agreement 9210 46.6o ZZZ Sanitation Company Sanitation Services 9211 178.87 PAD Travel Out of Town Meeting Expense--Herbert Grench . I CLAIMS No. 86-04 Meeting 86-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Feb. 26, 1986 REVISED C L A I M S T Amount Name Description 9180 20.00 Baron Welding and Iron Works Equipment Repair 9t81 98.95 California Water Service Company Water Service 9182 23.84 Clark's Auto Parts Parts for District Vehicles 9183 213.00 Communications Research Company Radio Service 9184 142,500.00>, Continental Land Tithe Company Land Purchase--Mazor 9185 64.27 Crest Copies, Inc. Map Duplication 9186 26.77 Alice Cummings Reimbursement--Photographs for Grants 9187 83.46 The Dark Room Photo Processing 9188 1 .69 Pete Ellis Dodge Part for District Vehicle 9189 70,000.00 First American Title Guaranty Company Land Purchase--Eilertsen 9190 40,800.00 First American Title Guaranty Company Land Purchase--Jamison 9191 324.53 Goodco Press Office Supplies 9192 27.29 Graphicstat, Inc. Map Reproduction--Hassler 9193 131 .63 Herbert Grench Reimbursement--Meal Conference and Out of Town Meeting Expenses 9194 51 .67 Mary Gundert Reimbursement--Chair Rental and Private Vehicle Expense 9195 110.00 David Hansen Reimbursement--Conference Registration 9196 21 .16 The Hertz Corporation Car Rental 9197 25.50 Emma Johnson Reimbursement--Subscription 9198 485.00 Los Altos Garbage Company Dumpster Service 9199 33.47 Los Altos Stationers Office Supplies 9200 1 ,070.00 Dr. Samuel McGinnis Consultant Services 9201 66.72 Mobil Oil Credit Corporation Fuel for District Vehicles 9202 24.80 Stanley Norton January Expenses 9203 368.33 On-Line Business Systems, Inc. Computer Services 9204 173.63 Orchard Supply Hardware Field Supplies 9205 98.o0 Padgett-Thompson Seminar--Emma Johnson 9206 482.30 Scribner Graphic Press Printing' 9207 330.40 Signs of the Times Signs 9208 40.0o Sandy Voorhees Reimbursement--Membership Fee 9209 369.97 Xerox Corporation Maintenance Agreement 9210 46.60 ZZZ Sanitation Company Sanitation Services 9211 178.87 PAD Travel Out of Town Meeting Expense--Herbert Grench 9212 190.24 Petty Cash Meal Conferences, Drafting and Office Supplies, Postage and Private Vehicle Expense *Check made out to First Interstate Bank for Cashier's Check to Title Company