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HomeMy Public PortalAbout19860618 - Agendas Packet - Board of Directors (BOD) - 86-16 This meet iram, replaces thol qqetinq.. 8 6-16 Regular Board Meeting of � June 25 , 1986 1 e *46 A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING 7 : 30 P.M. BOARD OF DIRECTORS Old Mill Office Center Wednesday Suite 135-C June 18, 1986 A G E N D A 201 San Antonio Circle Mountain View, CA (see attached map) (7: 30) * ROLL CALL APPROVAL OF MINUTES (May 14 , 1986 ; June 11, 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7: 45) 1. Insurance Coverage Bids -- J, Fiddes (7 : 55) 2. Presentation of 1986-1987 Salary Survey and Adoption of New Salary Ranges -- H. Grench a. Adoption of New Salary Ranges for General Manager Appointees — H. Grench b. Compensation for Board Appointees — Budget Committee (8: 10) 3. Adoption of Preliminary Budget for Fiscal Year 1986,-1987 H. Grench Resolution Adopting Preliminary Budget for Fiscal Year 1986-1987 (8: 15) 4. Proposed Cunningham Property Addition to Rancho San Antonio Open Space Preserve -- C. Britton Resolution Accepting Gift of Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Rancho San Antonio Open Space Preserve - Cunningham Property) (8: 25) 5. Proposed Dyer Property Addition to La Honda Creek Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Accep- tance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve Lands of Dyer) Resolution Authorizing Acceptance of Agreement to Purchase Option to Purchase Real Property, Authorizing Officer to Execute Certi - ficate of Acceptance of Assignment of Option to District, and Authorizing General Manager to Execute Any and All Other Docu- ments Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Dyer) Meeting 86-16 Agenda (continued) ( 8 :50) 6 . Detailed Schedule for District Master Plan Implementation -- D. Hansen (9 : 20) 7. Proposed Addition to Legislative Program to Support AB 4413 H. Grench (9 :25) 8. Annual Claims List for 1986-1987 -- H. Grench (9 : 30) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *Times are estimated. Agenda is subject to change of order. TO ADDRESS THE BOARD: When an item you'&e concvLned with appeau on the agenda, the Chain. Witt invite You to addlle ,s the 8oatd at that .time; on othetL matteAz, you may add,%ess the Boated under. Otat Communicationz. An atteAnative is to comment to the Boated by a W&itten Communication, which the BoaAd appuciates. Each speake& witt 0&dinaA,ty be timited to thAee minutes. When ,Lecognized, 13te"e begin by 6tating youA name and add&e,6z. We Aequest that you 6iU out the 6oAn�s provided and pt"ent it to the RecoAding Sec&eta&y so that you& name and addte/ss can be accukatety inctuded in the minutez . Meeting 86-12 •°�py�� � d. 1 y' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949.5500 REGULAR MEETING BOARD OF DIRECTORS MAY 14 , 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7 :33 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, Michael Foster, Stanley Norton, Mary Hale, James Boland, Joyce Nicholas , and Doris Smith. II. APPROVAL OF MINUTES A) March 26, 198 "Motion: T. Henshaw moved the approval of the minutes of Mar--'.-. 26 , 1986. K. Duffy seconded the motion. The mctlon passed 6 to 0, with E. Shelley abstaining from the Rote since he had been absent from the meeting. B) A'Pril 9, 1986 Motion: T. Henshaw moved the approval of the minutes of April 9, 1986. K. Duffy seconded the motion. The motion passed 7 to 0. III. WRITTEN COMMUNICATIONS D. Smith stated the Board had received the following written communi- cations: 1) a letter dated April 17 from Rana Callant, 27917 Bernina Avenue, Canyon Country, California, in support of changing the District' s logo; 2) a letter dated April 14 from Betty L. Ortiz , 309 W. Arbor Avenue, Sunnyvale, and a letter dated April 21 from Karel S. Allen, 583 Trumbull Court, Sunnyvale, written after receiving parking cita- tions at Rancho San Antonio Open Space Preserve; and 3) a letter dated April 17 from Thomasene R. Dutton, 22687 Royal Oaks Way, Cupertino, expressing her concern over the increased use at Rancho San Antonio Preserve. Discussion centered on what steps could be taken at Rancho San An- tonio Park to prevent users from parking illegally in the County Park. D. Hansen stated that the responsibility for parking lies with Santa Clara County, and that District Rangers will issue citations if cars are parked illegally. The Board discussed the installation of better signing, and H. Grench advised that staff would check with the County to try to determine the feasibility of more adequate signing. E. Shelley stated the Board' s consensus that staff was directed to for- 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 Meeting 86-12 Page 2 ward the draft responses to the written communications, but the Board requested the addition of information concerning the County' s and the District' s responsibilities at Rancho San Antonio in the responses to Ms. Ortez and Ms. Allen. IV. ORAL COZZ-24UNICATIONS There were no oral communications. V. ADOPTIO11; OF AGENDA E. Shelley stated that the agenda was adopted by Board consensus. VI. BOARD BUSINESS A) Approval of Agreement with Stone and Youngberg to Serve as Managing Underwriters of Negotiable Promissory Notes (Memorandum M-86-47 of May 6, 1986) M. Foster reviewed his memorandum, noting it appeared timely to proceed with a note issue. He noted that he had just learned the District could possibly borrow up to $13 million; reviewed the note issue schedule; and outlined the reasons he was recommending the Board select Stone and Youngberg to manage the note issue. Motion: D. We_ndlin moved that the Board authorize the execution of proposed underwriting agreement with Stone and Youngberg, authorize staff to take all actions necessary to arranae the issuance of ten year notes in an amount tc e decided later, and authorize a Board member to be a representative at the due diligence meeting. N. Hanko secnn,fed, the motion. The motion passed 7 to 0. With the consent of the Board, E. Shelley appointed T. Henshaw to be the v)_-J_Mary representative at the due diligence meeting with D. Wend-Ln to serve as an alternate. B) Final Adoption of the Revised Use and Management Plan for Rancho San Antonio open Space Preserve (Memorandum M-86-53 of May 9, 1986) D. Hansen advised that preliminary discussions had been held with the City of Mountain View to discuss a solution to the restroom problem at Deer Hollow Farm. D. Hansen reviewed in detail staff' s current recommendations regarding the upper and lower houses, noting that the recommenda- tion for the lower residence remained the same, but staff now proposed reconstruction of the upper residence as a multi-use/ rental facility be dropped and that the structure be used as a Ranger/caretaker residence. Discussion focused on staff ' s recommendation for renovation of the upper residence at the Preserve; the proposed size of the structure; and the cost effectiveness of reducing the structure ' s size. E. Shelley stated the consensus of the Board not to scale down the size of the house. Robert McKibbin, 1331 Los Arboles, Sunnyvale, said both swimming pools should be retained for fire fighting purposes and that the upper house should remain as is to allow for residences for two additional Rangers on site. %'-eting 86-12 Page Three Motion: D. Wendin moved that the Board adopt the Revised Use and Management Plan for Rancho San Antonio Open Space Pre- serve as contained in the staff report and as amended at the meeting with the addition that the architect be asked to investigate or propose an alternate plan to keep the entire upper structure. H. Turner seconded the motion. Motion to PI-mend : E. Shelley moved that the motion be amended to delete the additional language proposed by D. Wendin. There was no second to the motion to amend. Discussion: Following discussion on various options for use c-f the upper house , E. Shelley suggested staff re- turn for direction from the Board , rather than take final action at this meeting. He noted that the majority of of the Board appeared strongly to favor retaining the entire house. Motion to Amend : D. Wendin moved to amend his motion to direct staff specifically to prepare only proposals that involved retaining the entire upper structure intact and to strike the word "alternative" . R. Bishop seconded the motion . Discussion : D. Wendin stated staff should be flexible in the types of proposals that are returned to the Board. E. Shelley noted he was not in favor of the motion before the Board because he felt sufficient studies had been done to staff ' s report , but he would support the motion- T'-S m_­_ion to amend passed 7 to 0. The rain mot-ion passed 7 to 0. 0 C . Final Ad -CZ' 4 _n .- L the Interim Use and Management Plan for the filert-sen Pro;erty Addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve (Memorandum M-86-52 of May 7 , 1986) D. Hansen presented the staff report and noted that no public comment had been received since the February 26 meeting. Motion : K. Duffy moved that the Board adopt the Interim Use and Management Plan for the Eilertsen property addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve , including naming the property as an addition to the Sierra Azul Open Space Preserve , Kennedy Road Area, and indicated its intention to dedicate the land as public open space. H. Turner seconded the motion . The motion passed 7 to 0 . D. Amendment to the Fremont Older Open Space Preserve Use and Mana .ment Plan for Construction Approval of a County Trail to Cross One-half Mile of the Preserve (Memorandum M-86-55 of May 9, 1986) D. Hansen used a wall map to show the location of a trail route that had been proposed by the County of Santa Clara to complete a two mile trail around the Stevens Creek Reservoir. He noted that the trail would not be open to equestrian use for two years to allow the trail to settle , and he stated that signs would be required to that effect. The Board discussed the possibilities of transferring this portion of the Preserve to the county, and D. Wendin suggested the possi- Meeting 86-12 Page Four bility of trading this parcel for another piece of County land. E. Shelley stated the Board ' s consensus that staff should inves- tigate the exchange of this piece of property for an alternate piece of property or other concessions from the County. Staff was also directed to amend the letter to Karen Foss, County Parks Director, to mention the possible exchange and the Board 's desire that the District retain an open space easement on the property. Motion: K. Duffy moved approval of the construction of one-half mile of trail across a corner of the Fremont Older Open Space Preserve by the Santa Clara County Parks and Recreation Department under the agreed stipulations out- lined in the report and as amended by consensus of the Board. T. Henshaw seconded the motion. The motion passed 7 to 0 . E. Legislative Program (Memorandum M-86-49 of May 8 , 1986) H. Grench highlighted the three proposed additions to the Legis- lative Program as outlined in the staff report. Discussion centered on Item (7) relating to requiring a redevel- opment agency, when it shares a portion of the tax increment with one entity levying taxes within the redevelopment area, to share with other entities levying taxes within the redevelopment area an equal percentage of taxes that would have been lost by each entity, and the cost to the District of carrying this proposed legislation axone or through another agency. H. Grench noted that he did not think this item was an "A" priority, and that the District r i-eM.t try to get the California Special District Associ- ation to Sponsor the legislation. R. Bishop stated-7, his support for Item (7) , noting that some cities within the District are heavily involved in redevelopment project-s . Motion : R. Bishop moved the adoption of the Proposed Revised Legislative Program for the 1985-1986 Legislative Ses- sion. H. Turner seconded the motion. The motion passed 7 to 0 . D. Wendin reported on the Legislative Conference that he and H. Grench attended on May 13 in Sacramento. Motion : E. Shelley moved that the Board approve D. Wendin 's expenses for attendance at this conference. H. Turner seconded the motion. The motion passed 7 to 0 . F. Clarification of Questionnaires Regarding Use of Brown Act, Acquisition of Lands Outside District Boundaries , and Annexation (Memorandum M-86-43 of 'May 1 , 1986)N. Hanko referred to Item B, Sphere of Influence Boundary Poli- cies , noting that she wanted the Board to be aware that the table in that section of the questionnaire means 1) that property would be less than 50% within sphere of influence boundary, and 2) that property would be more than 50% within sphere of influence boun- dary, and the last would not be limited. No additional clarifi- cation of the questionnaire was requested , and E. Shelley stated that no action was required for this item. Meeting 86-12 Page Five G. Directors ' Compensation (Memorandum M-86-45 of May 6 , 1986) T. Henshaw reviewed the reasons the Budget Committee was recom- mending an increase in Directors ' compensation from a maximum of $200 per month for Regular or Special Board meetings to $300 per month for Regular or Special Board meetings , and for Board- established co=ittees of which the Directors are members . She noted the large number of committee meetings that Board members were required to attend in addition to Regular and Special Board meetings . The Board discussed whether or not to place a limit on the number of committee meetings for which a Director could be compensated annually, but decided such a limit was not necessary since they did not feel any abuse of the compensation policy would occur. Motion: D. Wendin moved that effective July 1, 1986 Directors ' compensation be increased as outlined in the memorandum and that staff be directed to propose an amendment to the Rules of Procedure that would establish that committee meetings are compensable unless the Board decides other- wise . T. Henshaw seconded the motion. The motion passed 7 to 0 . The Budget Committee was directed to report back to the Board on the current committees they felt should qualify for compensation. H. Amendment to areement with Foss and Associates for Personnel Consulting Ser7_:, CeS (Memorandum M-86-54 of May 8 , 1986) J. FIddes staff 's proposal, noting that the new agree- ment would he effective for a two year period ending in June 1988 and that the proposal provides for an increase in the rate of compensation to 8350 per month. She said that the new contract calls for an -increase in Mr . Foss ' special project rate to $50 per hour. Motion: N. Hanko moved that the Board approve and authorize signing of the agreement between the Midpeninsula Regional Open Space District and Foss and Associates . R. Bishop seconded the motion. The motion passed 6 to 0 . H. Turner was not present for the vote. J. Staff and Docent Recognition (Memorandum M-86-50 of May 8 , 1986) K. Duffy said that with the growing staff and docent personnel it was becoming increasingly difficult for the Board to express its appreciation to these individuals in the manner previously practiced . She urged the Board to have a joint staff-docent appreciation event with a consultant hired to make necessary arrangements . Motion: D. Wendin moved that the proposal in the memorandum be approved, that the Budget Committee be directed to in- clude funds for a yearly event in the proposed budget, and that the President appoint one or more Board members to a non-compensable committee to plan for the next fiscal year 's event. T. Henshaw seconded the motion. The motion passed 6 to 0 . H. Turner was not present for the vote . E. Shelley appointed K. Duffy and N. Hanko to serve on the docent- staff recognition committee . Meeting 86-12 Page Six K. Recission of Consent for Gill Industries to Sublease Communica- tions Lease (Report R-86-r28 of May 6 , 1986) Motion : K. Duffy moved the adoption of Resolution 86-28 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Mutual Rescission of Consent to Sublease with Gill Industries , Inc. , a Delaware Corporation (Monte Bello Open Space Preserve - Black mountain) . N. Hanko seconded the motion. The motion oassed 7 to 0 . L. Discount Purchase of Bell Notes (Memorandum M-86-46 of May 6 , 1986) C. Britton stated that the District had the opportunity to repur- chase at discount the Bell notes that would represent a $40 ,014 .20 savings to the District over the term of the notes . He pointed out that the total expenditure figure of $141 ,375 used in the recommendation in the staff report was in error and should be $140 ,750 . Motion: R. Bishop moved that the Board approve the repurchase of the Bell notes at an average discount of 21.8% for a total expenditure of $140 ,750 and authorize the General Manager to take the necessary steps to complete the transaction. T. Henshaw seconded the motion. The motion passed 7 to 0 . VII . SPECI-kL ORDERS OF THE DAY A) Introduction cf: Docent Trainees (Memorandum M-86-48 of May 5 , 1986) J . Nicholas int_=duced to the Board the new volunteers who were completing -__nelr training as District docents . She described the training program which the current 13-member class is completing. VIII . INFORMATIONAL REPORTS H. Grench announced meeting times for the Budget Committee to be held during the next two weeks . He reminded the Board that it was likely the Regular Meeting scheduled for June 25 would be rescheduled to June 18 . D. Hansen said the annual tour of the Fremont Older house and garden was scheduled for May 18 . IX. CLAIMS Motion : R. Bishop moved that the Board approved Revised Claims 86-09. T. Henshaw seconded the motion. The motion passed 7 to 0 . X . CLOSED SESSION The Board recessed to Closed Session on land negotiation matters at 9 : 50 P.M. S. Norton stated no litigation would be discussed during the Closed Session. XI . ADJOURNMENT The Board reconvened to adjourn at 11 : 14 P.M. Doris Smith Secretary CLAIMS No. 8 6-0 9 Meeting 86-12 MIDPENINISU REGIONAL OPEN SPACE DIS'1_ _CT Date: Play 14 , 1986 C L A I M S REVISED -ount Name Description 1, 033. 12 A-! Rents Tractor Rental 207. 71 Adis Personnel Services Temporary Office Help ­ 2 1, 450 . 00 Ala-_e�3a Fence, Inc. Guard Rail fencing 96. 17 .7-,T&- 7-1formation Systems Group Phone Equipment 87. 21 _R-_Y -ofilm, Inc. Duplicating Paper 9 =5178.88 ja-es Boland Air Fare-Special District Forum 75.00 Bra7incn , s Chair Rental 4 ,000 .00 Bro-`_J' ,Hollwede1,Reese & Assoc. Appraisal Services 9 " 3 50 .00 California Park & Legislative Conference- Recreation Society D: -Wendin 44 . 16 David Camp Reimbursement for Repairs 3 S '2" Com unications Research . Radio Installation, Maintenance & Pepairs 43.00 Patrick Congdon Seminar Fee-- Reimbursement '1422 73.09 C-' -- = � , - 1- k—S Bluelines 2, 182. 25 s C-f-f ice Suppiv Office Supplies '_2 1, 191.04* --erstate Bank Special Park District Forum Reqistration Fees S-,s-1'_eMs Ranger Vehicle Repair ­4 A 20 . 32 'Es-_obar Reimbursement - Field Supplies 7 40.00 Federal Express Mailing Service 5423 500 .00 Foss and Associates Personnel Consulting 24.23 Fee - April The Frog Pond Local Meal Conferences 140.00 Fuerborn Associated Roofing Inspection-Bullis Propert 300 .00 Robt. Garcia Well & Pump Co. Inspection-Bullis Propert 22 . 50 Graphics tat Art%m,,ork 106. 40 Herbert Grench Deimbursement- won_ _.e_:ence and Subscri,,:)tibn 27 . 22 Mary Gundert Rr-,j,ri-bursement-L)r�i'L-L-iiig Supplies , Field' Supplies Pcrsonal Vehicle Expense David -Hans-en 296 . 66 lioneyv:ell 11roL�_cLJo-n and Serc,ico Fee 47. 35 Thomas Laust-_eii Re i mburs emen t-Ur i i f o rnis 22 . 25 Los Altos Gir1_-iac ­ 7,. --bage Service Claims 05-09 Page Two Amount Name Description . 3439 $ 95. 85 Los ltos Stationers Office Supplies 9440 163.50 Charlotte MacDonald Consulting Services ?441 78.22 ^ o it Gil Co. District Vehicle Expens -'_ __2 100 .Ij_� .Neic;;bc--hood Pool Service Inspection-Bullis Prop. 13443 34. 7S Nornev' s Office Supplies 3444 121. S`- ._1 = .- !'Zorton Copying,Meal Conferences Reimbursement 3445 1; 583.52 =face & Electronic Transfer Moving Services �446 134 .20 Paci=icc Bell Phone Service 3447 10.95 Pacific Gas &Electric Utilities 3448 78.31 Pacific Telephone Phone Service 3449 46 . 13 PAD Travel Airfare Balance-T. Hen:. 3450 35.2.03 Peninsula Blueprint Drafting Table 3451 118.80 Peninsula Times-Tribune Ranger Ad 9452 241. 17 Pin` Co—e Lumber Co. Field Supplies 453 36 .11 71 . -- Change of Address Card 3454 55 .=� ?_�_. _ ..es Postage Meter Supplies 3455 4 3.9 3 �-:gravers Name Tags 3 55 52 .91 . _ . Ranger Uniform. Expense- 34 57 2`l• '-- - '`-*-�=�'"p �`sr Computer Rental - May 31_58 101.0u San Francisco Water Dept. Water Service-Hassler 9=59 170 .00 County of Santa Clara Radio Dispatch Services. 9460 317. 79 Scribner Graphic Press Brochure Printing 9461 554 .99 Sears Refrigerator 9462 5 ,380 .00 Gene Sheehan Trail Repairs, Trail C( struction Consulting F and Equipment Rental 3463 55C� , 55 Shell Oil Co. District Vehicle Expensm 9464 498. 3 Signs of the Times Signs and Metal Dies 465 55 . 0 Sky1.:'Lne- Co. 6-dater Dist. Water for Completing Trail Surface-Purisima 9466 90zi . 5rS Glen: pith Planning Consulting Fee & Private Vehicle Expen: 9467 797, 15 Stevens Creek Quarry Boulders for Repairs 1: 9468 113. 35 Unocal District Vehicle ExpensE 469 140 . 95 West. Coast Boot Co. Ranger Uniforms 470 170 . 00 G,estE .c t`xterminator Co. Inspection-Bullis Proper � ' 71 365 . 0 rj Gayle '. � Van }3rocklin Word Processing -72 255 . OG Visu,11. Communication Artisans Signing REVISED Claims -6-39 Page Three 7Unount Name Description c',4 7 3 $ 14'. 4.3 Wear Guard T-Shirt Samples 9474 106 . 99 Del Woods Reimbursement for Office Table 3-'-75 5 7 0 0 .'D"'; -Zebroski Consulting Service- Purisima Parking Area 947 232 . 60 Trucking Base Rock Trucking � ' 77 743 . 65 Cestco Wholesale Air Compressor -:;678 698 .20 H-=r vey Williams Cleanup Services 7 9 5 ,000 .00 --ward A. Turnheim Forestry Consultfhg Services --130 1, 00-0 .00 California Advocates, Inc. Legislative Consulting Fee - April 4 1 244 . 60 Pet-lkv Cash Meal Conferences, Office and! Held Supplies, Tool Repair 1 and Private Vehicle Expense L 3z 2 3 ,086.0c ----'-VFrt Title Title and Escrow Expense— Bulli*s Property Issued as emergency check on April 30, 1986 Meeting 86-15 Ammmc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS June 11, 1986 I . ROLL CALL President Edward Shelley called the meeting to order at 7 : 35 P.M. Members Present: Katherine Duffy, Teena Henshaw, Richard Bishop, and Edward Shelley. Members Absent: Harry Turner, Daniel Wendin, and Nonette Hanko. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes, James Boland, Stanley Norton, and Joan Combs . II . APPROVAL OF MINUTES April 16 , 1986 : Motion: R. Bishop roved that the Board approve the minutes of April 16 , 1986 . E. Shelley seconded the motion. The motion passed 4 to 0 . April 23, 1986 : I� Motion: R. Bishop moved that the Board approve the minutes of April 23, 1986 . E. Shelley seconded the motion. Discussion: K. Duffy requested that the first line of paragraph two on page four be corrected to read "Those members of the audience speaking in favor of retaining eminent domain only when absolutely necessary for trail purposes included: . . . . " R. Bishop and E. Shelley accepted the change as part of their motion. The minutes as corrected were adopted by a 4 to 0 vote. III . WRITTEN COMMUNICATIONS J. Combs stated the Board had received the following written communi- cations : 1) a letter from attorney Robert J. Logan, dated May 27, 1986 , stating that Loren McQueen intends to take action against the District for purchasing Mt. Umunhum; i 2) a letter from Susanne Wilson, Chairperson, Santa Clara County Board of Supervisors, dated June 2, 1986 , expressing the County 's con- cerns about proposed plans for logging redwood trees in Moody Gulch and asking assistance in researching a solution to this issue. E. Shelley stated the Board's consensus that the letter from Mr. Logan be referred to the District's Legal Counsel. C. Britton stated that S . Norton had already been served with Mr. McQueen' s lawsuit. E. Shelley requested staff to draft a response to Ms. Wilson's letter stating the Board's willingness to discuss ways to cooperate in com- pleting this project, provided sufficient public rights are assured He•berl 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 Meeting 86-15 Page two to justify regional funding. H . Grench suggested that Director Duffy meet with Chairperson Wilson concerning this matter. IV. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, stated he had been unable to attend recent Board meetings because of injuries from a horse accident. V. ADOPTION OF AGENDA H. Grench stated that items 1, 2 and 11 on the agenda required at least live affirmative votes to be adopted and since only four Board members were present, consideration of these items should be deferred to a later date when at least five Board members were present. He suggested Friday, June 13 and Monday, June 16 as possible dates. Motion: E. Shelley moved that agenda items 1 and 2 be continued to Friday, June 13, at 7:30 P.M. at the District office. T. Henshaw seconded the motion. The motion passed 4 to 0 . 2-lotion: R. Bishop moved that if five Board members were unable to be present on Friday , June 13, that the continued meeting be held on Monday, June 16 , at 8: 30 P.M. at the District office. E. Shelley seconded the motion. The motion passed 4 to 0 . VI . BOARD BUSINESS . A. Final Adoption of: the Interim Use and Management Plan for the North Property AdditIon- to.the Sierra Azul *Open Space Preserve - Mt. Umunhum Area (Memorandum 1-1-86-64 of Mary 30 , 19 86) D. Hansen stated that no further public comments had been received regarding the Interim Use and Management Plan for this property. Motion: R. Bishop moved that the Board adopt the Interim Use and Management Plan recommendations contained in the staff report, name the property an addition to the Mt. Umunhum Area of the Sierra Azul Open Space PReserve and withhold the property from dedication. K. Duffy seconded the motion. The motion passed 4 to. O. B. Presentation of 1986-1987 Salary Survey and Adoption of New Salary Ranges I-(Report R-86-37 of June 5, 1986) H. Grench reviewed the Board's policy concerning salaries for General Manager appointees and summarized the results of the salary study for the public sector. He recommended the Board adopt a five point salary range increase since he felt the Board should weigh the public sector data more heavily than the CPI increase or the changes in the private sector. Gary Foss, the District' s Personnel Consultant, said the staff report was a good model from which to work in order to make a decision concerning new salary ranges . He discussed the impor- tance of gathering data from both the public and private sectors in order to formulate a recommendation and explained the private sector data contained in the staff report. Meeting 86-15 Page three Motion: E . Shelley moved the adoption of a 4 point salary range increase. K. Duffy seconded the motion. Discussion: R. Bishop said he favored the 5 point increase, noting that the total additional cost to the District would he $10 , 500 , and that he felt it would be a good investment in keeping and rewarding staff and would keep District salaries slightly above the median for public agencies. E. Shelley said he felt the 4 point salary increase represented a reasonable increase over the Consumer Price Index rise of 2. 7%. R. Bishop requested a roll call vote. The motion failed to pass on the following vote : Aye: E. Shelley, T. Henshaw, K. Duffy. No: R. Bishop. Motion: E. Shelley moved that consideration of this item be con- tinued to the June 18 Regular Meeting. R. Bishop seconded the motion. Discussion: E. Shelley noted it would also be appropriate to continue item b, Compensation for Board Appointees, to the June 18 meeting as well and the other Board members present concurred. The motion passed 4 to 0. + Action, C. Adoption of L..e __c�_on Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for 1986-1987 (Report R-86-33 of June 2 , 1986) 4 J. Fiddes reviewed the discussion by the Board at its last meeting concerning wording changes in the Communications Program portion of the proposed Action Plan and said alternative language for items three and four had been included in the staff report. R. Bishop stated he was satisfied with the suggested alternative language. Motion: R. Bishop moved that the Action Plan be approved with the inclusion of the alternative language for items 3 and 4 of the Communications Program. E. Shelley seconded the motion. Discussion: Ellie Huggins, 824 San Francisco Court, Stanford, stated that she strongly supported the concept of a magazine format rather than a newsletter and said she felt that a magazine format would be .valuable in educating the public about open space. Discussion centered on the need for a District newsletter. T. Henshaw said that she would vote for the motion,* but asked that the suggested proposals come back to the Board during a workshop rather than as an agenda item to be discussed with other business in an evening. E. Shelley said the proposals could initially be returned to the Board as an agenda item at which time the Board could determine if they wanted to schedule a workshop. The motion passed 4 to 0 . Meeting 86-15 Page four. D. Adoption of Preliminary Budget for Fiscal Year 1986-1987 _��ort R-86-40 of June 4 , 1986) H. Grench suggested that the Board not adopt the preliminary budget by resolution at this time since a resolution would have to be amended following salary discussion. He said the formal budget resolution could be presented for Board adoption at the June 18 meeting, and the Board, at this time., could adopt the budget figures as presented. Motion: R. Bishop moved that the Board adopt the preliminary budget for 1986-1987 subject to adjustments for salary changes to be decided at the June 18 Regular Meeting. E. Shelley seconded the motion. The motion passed 4 to 0 . E. Proposed Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area (Lands of North et al - Rader) (Report R-86-32 of June 2, 1986) C. Britton noted that the District had already acquired one-half interest in the property and now had the opportunity to purchase an additional one-quarter. He said the total purchase price was $25,025 and that the District would pay a $1,000 real estate commission. D. Hansen outlined the Interim Use and Management Plan recom- mendations for the property. Motion: K. Duff-,, moved that the Board adopt Resolution 86-31, a Resoluticn of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing officer to Execute Certi-i'icate 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 North et al. - Rader) . T. Henshaw seconded the motion. The motion passed 4 to 0 . I-lotion: E . Shelley moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the staff report, name the property as an addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, and withhold the property from dedication. R. Bishop seconded the motion. The motion passed 4 to 0 . F. Proposed Change to Rules of Procedure Regarding Director's Compensation (Memorandum M-86-63 of May 28, 1986) Motion: R. Bishop moved that the Board adopt Resolution 86-32, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending the Rules of Procedure. K. Duffy seconded the motion. Discussion: E. Shelley said that the proposed wording did not address whether authorized substitutes for committee members would be compensated for attendance at a meeting. Motion to Amend: E. Shelley moved that the words "or authorized substitutes" be added after the word "committee" to the third sentence of Section 2 . 30 of the Rules of Procedure. R. Bishop seconded the motion. The motion to amend passed 4 to 0 . The amended motion passed 4 to 0 . MQeting 86-15 Page five G. Proposed Acceptance of Open Space Easement and - Fee Dedication as an Addition to the Sierra A.zul_._Ppen Space Preserve Kennedy Road Area (Blair Property) _(Report R-86-38 of June 5, 1986} C. Britton pointed out the property on the wall map and stated that the District and the Town of Los Gatos had been offered the opportunity to accept the dedication of an open space easement over 38 .42 acres of land within the Town limits south of Kennedy Road. He said that an additional 4 acres at the upper end of the property would be dedicated in fee title to the District and that the District, in turn, would grant the Town an easement over the fee title area to assure its permanence as public open space and recreation land. D. Hansen stated -there is no existing trail on the property at the present time, but there is a possibility for trail connections to the Kennedy Road Area. He noted that the installation of boundary plaques was the only use and management recommendation at this time. Motion: K. Duffy moved that the Board adopt Resolution 86-33, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the Open Space Easement and Fee Dedication, Authorizing Officer to Execute Park, Recreation, Scenic and Open Space Easement, 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 Blair) . T. Henshaw seconded the motion. The motion passed 4 to 0. Motion: K. Duffy moved that the Board adopt the Interim Use and Management Plan recommendation contained in the staff report, name the real property interests as additions to the Sierra Azul Open Space Preserve - Kennedy Road Area, and indicate its intention to dedicate the fee and easement interests in the property as open space. T. Henshaw seconded the motion. The motion passed 4 to 0 . H. Proposed Davidson Property Addition to the El Sereno Open Space Preserve (Report R-86-36 of June 3, 1986) C. Britton pointed out the 1. 33 acre property area on the wall map, and reviewed the terms of the sale that called for a total pur- chase price of $50 ,000 . D. Hansen said the only Use and Management recommendation was the installation of boundary plaques. Motion: K. Duffy moved that the Board adopt Resolution 86-34 ,1 a 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 Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (El- Sereno Open Space Preserve - Davidson Property) . T. Henshaw seconded the motion. The motion passed 4 to 0 . Page six Motion: K. Duffy moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the staff report, name the property as an addition to the El Sereno Open Space Preserve, and withhold the property from dedication. T. Henshaw seconded the motion. The motion passed 4 to 0 . I . Purisima Creek Redwoods Open Space Preserve Development Project Re—view and Approval of Force Account Schedule (Memorandum M-86-65 of June 3, 1986) Motion: E. Shelley moved that this item be considered at the continuation of the June 11 meeting to be held on either June - 13 or June 16 . T. Henshaw seconded the motion. The motion passed 4 to 0 . VII. INFORMATIONAL REPORTS T. Henshaw reported on the Special Park District Forum in Vancouver that she, H. Grench, D. Hansen, J. Boland, and D. Woods attended. D. Hansen stated he and M. Gundert had also attended the International Congress of Trail- and River Recreation. H. Grench announced that Sunrise Winery would have a wine tasting on June 21 and 22. D. Hansen stated that 31 people had participated in the second Volunteer Day at Purisima Creek -Redwoods open Space Preserve. 7111 . CLAIMS Motion: R. Bishop moved the approval of Revised Claims 86-11. T. Henshaw seconded the motion. The motion passed 4 to 0 . IX. CLOSED SESSION S. Norton stated that there were no litigation matters to be discussed. The Board recessed to Closed Session on land negotiation matters at 9 :12 P.M. X- CONTINUATION OF MEETING The Board reconvened at 10 :10 P.M. and continued the June 11 Regular Meeting, including the Closed Session, to 7 : 30 P .M. on June 13, 1S86 at the District office. XI. ROLL CALL President Edward Shelley called the continued regular meeting of June 11, 1986 to order at 7 : 30 p.m. on Friday, June 13 , 1986 at. the District office. '%Iembers Present: Edward Shelley, Teena Henshaw, Katherine Duffy, Harry Turner and Nonette Hanko. Personnel Present: Herbert Grench, Michael Foster, Craig Britton, David Hansen, Jean Piddes and Del Woods . :III . 30AIRD BUSINESS (continued) Grench requested that the Board consider item 11 first since Carlo Fswter, District Bond Counsel , was not yet present. Meeting 86-15 Page seven J. Purisima Creek Redwoods open Space Preserve Development Pro ject Review and Approval of Force AccountSchedule (Memorandum M-86-65 of June 3 , 1986) D. Hansen noted that preliminary review of material from the State has indicated that the Purisima development project' s force account schedule for in-house labor and materials will exceed the applicable amount specified by state law. D. Woods reviewed the reasons noted in the staff report concerning why it was more efficient and economical for the District -IL-.o use substantial in-house labor for the project as opposed to seeking outside competitive bids and said the Board, by resolutioncould elect to construct the building, structures, and improvements included in the project by force account. H. Turner suggested staff consult with M. Poster on methods for accounting for labor and materials for the project. Motion : T. Henshaw moved that the Board approve Resolution 86-35, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Electing to Purchase Materials and Supplies in the Open Market and to Construct Improvements by Force Account (Purisima Creek Public Access Improvements) . K. Duffy seconded the motion. The motion passed 5 to 0 . K. Sale of 1986 Promissory Notes (Report R-86-35 of June 2, 1986) M. Foster stated the Board was being asked to approve a $9.5 million note issue, noting that this was the maximum amount the District could borrow prudently at this time. Hunter Holding from Stone and Young- berg reviewed the Purchase agreement, noting a decrease in the under- writing fees to 2. 20% . M. Foster reviewed Exhibit A, distributed at the meeting, that detailed the maturity schedule for the note issue as follows : Maturity Principal Interest- December 15 Amount Rate 1987 $ 710 ,000 5.00% 1988 880 ,000 5. 50 1989 925 ,000 6.00 1990 980 ,000 6. 25 1991 1,045,000 6 .50 1992 1,115 ,000 6 . 75 1993 1,190 ,000 7. 00 1994 1,285 ,000 7 . 10 1995 1, 370 ,000 7. 20 He stated that this maturity schedule would be included in the note issue resolution and purchase agreement if the Board adopted the resolution for the note issue. H. Grench introduced Carlo Fowler, the District ' s Bond Counsel, and Mr. Fowler distributed revised copies of the note issue resolution. He said that the changes in the text were : 1) redating of the reso- lution to June 13 , 1986 since the Board had not acted on the matter on June 11; and 2) a change in the coverage ratio covenant on Page 22 (c) (3) from 115% to 125%. Motion: H. Turner moved that the Board adopt Resolution 86-36, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Providing for the Issuance Meeting 86-15 Page eight and Sale of $9 , 500 ,000 Principal Amount of "Midpeninsula Regional Open Space District 1986 Promissory Notes. " N. Hanko seconded the motion. The motion passed 5 to 0 . M. Foster stated that the tentative closing date for the note issue was July 8. L. Agreement with NotePaying Agent for 1986 Promissory Notes (Report R-86-35 of June 2, 1986) M. Foster stated that he was recommending the District continue to use First Interstate Bank of California as the note paying agent for the new note issue. Motion: H. Turner moved that the Board adopt Resolution 86-37, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving, Authorizing and Directing the Ekecution of an Agreement with First Inter- state Bank of California. N. Hanko seconded the motion. The motion passed 5 to 0. XII. CLOSED SESSION (Continued) The Board recessed to its continued Closed Session on Land Negotiation matters at 7 :56 P.M. XIII. ADJOURNMENT The Board reconvened to adjourn at 8: 20 P.M. , Friday, June 13, 1986. Joan Combs , Secretary Jean Fiddes , District Clerk CLAIN;S t,o. 86-11 r ee t i ng 86 115 rIDPENT�SUL REGIONAL SPACE DISTRICT Dote. June i 1 , 19$6 REVISED C L A I M S Amount Description 9555 498.49 Adia Personnel Services ; Temporary Office Help 95506 2,912.30 Ervin Alves Union Oil Jobber Fuel for District Vehicles 9557 50.00 ASPA Employment Advertisement 9553 96. 17 AT&T Infor-=Lion Systems Group Telephone Equipment 9559 78.01 Craig Eeck::a, Reimbursement--Uniform Expense 9560 101 .$0 Richard is`:cp Reimbursement--Conference Expense 9561 207.45 Jarres Boland Reimbursement--Conference Expense 9562 60,000.00 Brigitte Bolle* Bell Note Repurchase 9563 60,000.00 Werner Bolle* Bell Note Repurchase 9564 20,750.00 Frederick C. Spielberger,-, executor for the estate of Karl August Bell Bell Note Repurchase 9565 6,875.00 Louis Bordi Discin Fire 9 re Breaks i 35.65 28.02 L. Craig Britton Reimbursement--Meal Conference 9567 141 .70 California ':a er Service Company Water Service 9568 75.58 David C_�,-, ' D Reimbursment--Ranger Residence Repairs 9569 213.00 Comr �r.icv c-s Research Company Radio Service and Repairs 9570 58.91 Alice Cu .: '^-s Private Vehicle Expense 9571 917 M'. Diacc�,,4 Cf-""ice Supply Office Supplies 9572 100.00 Ka_herine Duffy Reimbursement--Conference Expense 9573 10,065.00 Jack Dymond Associates Leasehold Improvements--0ld Mill Office Space 3574 io&.40 John Escobar Reimbursement--Conference Expense 9575 20.00 Federal Express Corporation Express Mail 9576 128.37 Jean Fiddes Reimbursement--Microwave Oven 9577 500.00 Foss and Associates Personnel Consulting Fee--May 9578 223.66 Foster Brothers Security Systems Padlocks and Keys 9579 35.95 Walter D. Goggin Private Vehicle Expense 9580 7.57 Harbinger Communications Computer Expense 9581 47. 10 Teena Henshaw Reimbursement--Conference Expense 9582 156.20 Home Plumbing Plumbing Parts 9533 141 .2543 Honeywell Protection Services Burglar Alarm Service 58` ��:97 Hubbard and Johnson's Field Supplies 0�35 475. 13 The Hub Schneiders Ranger Uniform Expense %J- 589.35 Langley Hill Quarry Base 'Rock 3587 1 ,033.89 Lawrence Tire Service, Inc. Tires for District Vehicles �5s8 389.27 Lee and Associates Rescue Litter Wheel Attachment 9589 16.05 Los Altos Stationers Office Supplies CLAIMS No. 86-11 - Meeting 86-15 Date: J6ne"1 t, `1986 REVISED -.ount Name Description �5 8.34 Minton's Lumber t; Suppl-y Field Supplies °591 163.44 Mobil Oil Company Fuel for District Vehicles 5'532 33..17 Michael Newourn Reimbursement--Uniform Expense 3593 260.00 Owner Builder Center Training Workshop 95 = 1 ,193.85 Pacific Be! ' Telephone Service :5?5 145.40 Pacific Gas Electric Company Utilities 3536 ) ,C00.00 Peninsula =;;reprint Map Files _517 956.51 Peninsula C;il Company Fuel for District Vehicles 9553 68.28 Recreational Equipment, Inc. Ranger Uniform Expense 95%3 73.63 Reef Industries, Inc. Signs 950a 119.25 J. L. Rice Trucking Trucking of Materials 9601 1.32.79 Chris Saenger Plumbing Supplies and Repairs 9602 101 .08 San Francisco Water Department Water Service m=03 542.49 Scribner Graphic Press, Inc. Stationery 960L 5,110.0J E. R. Sheehan Trail Construction 123.66 z`ward She-17=' Reimbursement--Conference Expense 96 6 922.53 S eI 1 0711 C_ -7Y Fuel for District Vehicles 9607 1 .703. 11 Signs of t-e Tnes Sig ns 9 6 0 a 1 „50.00 Glenn _ =• Consulting Services 9609 50,000.00 Ti=cr =it7e insurance Company Purchase of Davidson Property 9610 33.60 Harry Turner Private Vehicle Expense 9611 461 .51 Uno Graphics Brochures 9612 100.00 U. S. Rentals Equipment Rental 9613 402.92 Vallen Safety Supply 'Company Safety Equipment and Supplies 9614 26,025.00 Valley Title Company Purchase of Radar Property -9615 100.00 Lisa Varney Reimbursement--Ranger Residence Improvements a610 104. 16 Sandy Voorhees Private Vehicle Expense 5S 1, 7 140.00 John 'Woody Backhoe Work 3612 ) ,200.00 Ortha Zebroski Consulting Service--Purisima 3613 56.68 Petty Cash Office and Drafting Supplies and Meal Conferences Bell Note Repurchase totals $140,750,00, as approved by the Board cn t` y 14, 1986 (11-86-46 of May 6, 11036) . i CLAIMS No.86-12 Meeting 86-16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: June 18, 1986 REVISED C L A I M S Amount Name Description 9620 403.84 Adia Personnel- Services '. Temporary Office Help 9621 13.20 AmeriGas Tank Rental 9622 85.00 A-Tool Shed Field Tools 9623 51 .75 Bay Muffler District Vehicle Repair 9624 26.58 Matthew Bender and Company, Inc. Library Document 9625 1 ,530.51 Big Creek Lumber Company Trail Materials for Purisima 9626 43.74 James Boland Reimbursement--Uniform Expense 9627 18.00 The California Native Plant Society District Membership 9628 231 .40 California Water Service Company Water Service 9629 1 ,500.00 John P. Estes Pa rol t /Caretaker for Mt . Um unhum 9630 97.37 Graphicstat, Inc. Artwork 9631 53.67 David Hansen Reimbursement--Conference Expense 9632 63.90 Land Trust Exchange Library Document 9633 315.43 Los Altos Garbage Company Dumpster Rental 9634 50.00 McElroy's Towing Towing Service 9635 397.29 Moore Business Forms Warning Citation Books 9636 233. 14 Nobel Ford Tractor, Inc. Tractor Repairs 9637 66.80 Stanley Norton April Expenses 9638 395.09 On-Line Business Systems, Inc. Computer Expense 9639 298.08 Pacific Gas and Electric Company Utilities 9640 112.75 Peninsula Blueprint, Inc. Drafting Chair 9641 44. 14 Pitney Bowes Postage Meter Rental 9642 82.46 Reef Industries, Inc. Hazard Security Barriers 9643 2,500.00 Kurt L. Reitman and Associates Appraisal Services 9644 170.77 J. L. Rice Trucking Materials for Purisima 9645 1 ,000.00 B. J. Rickard Caretaker for Bullis Property 9646 132.84 Sanborn Security Systems, Inc. Locks for Office Cabinets 9647 96.00 , The San Mateo Times Newspaper Group Subscription 9648 170.00 County of Santa Clara GSA Radio Dispatching Service 9649 3,000.00 County of Santa Clara Monumentation Survey Work Office of the County Surveyor Los Gatos Creek Park 9650 44.00 Doris Smith Reimbursement--Seminar 9651 38.64 Skyline County Water District Water Service 9652 25. 15 David Topley Reimbursement--Door Repair 9653 373.64 Typothetae Typesetting and Artwork 9654 150.95 West Coast Boot Company Uniform Expense I Meeting 86-16 Date: June 18, 1986 ,r Amount REVISED Name Description 9655 193.62 Del Woods Private Vehicle Expense 9656 614.54 Xerox Corporation Office. Supplies 967 5 69.23 9 3 zzz s anitatian Company Sanitation Services 9658 25.00 Joyce Nicholas Reimbursement--Registration Fee for Docent Forum 9659 450.00 Convoy Company District Vehicle Equipment 9660 63.39 Herbert Grench Reimbursement--Conference Expense. 9661 350.00 Raye Girouard Patrol Services for June 9662 99.25 Petty Cash Meal Conferences, Office Supplies and Notary Renewal Fee 00 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEETING NOTICE BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District scheduled for June 25 , 1986 has been rescheduled to June 18 , 1986 . The meeting will begin at 7 :30 P.M. at the District office , 201 San Antonio Circle, Suite 135, Building C, Mountain View , California. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 16 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Appointment of Treasurer Pro Tempore Recommendation: I recommend that you appoint a Director to be Treasurer Pro Tempore from June 22 through July 11. Reason: This action is recommended in case the Treasurer's signature or other function is needed for the Closing of the 1986 Promissory Note Issue duringTreasurer Henshaw's absence. The closing is g scheduled for July 8 . I I I I I I M-86-66 (Meeting 86-16 June 18 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum June 10, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Services Manager SUBJECT: Insurance Coverage Bids for 1986-1987 Discussion: During the past few months, the firm of Flinn, Gray, & Herterich, the District insurance brokers , has been seeking competitive bids for the District' s insurance coverage. As of the writing of this memorandum, they are still in the process of finalizing the bid information. I anticipate that this information will be available the early part of next week, and I expect to present it to you at the June 18th Board meeting. As done in past years, you will be asked to accept bids for the District's insurance coverage for the coming fiscal year. The District' s current insurance package includes the following: a liability and property package; auto coverage; a fidelity bond; umbrella liability; public entity difference-in-conditions coverage; and a volunteer accident policy. The cost of the 1985-1986 premiums, accepted by you at the June 26, 1985 Board meeting, was $44,623. 95, a 105% increase over the previous year. R-86-48 (Meeting 86-16 June 18, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 18 , 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes , Administrative Services Manager SUBJECT : Acceptance of Insurance Bid Coverage for 1986-1987 Discussion: In memorandum M-86-66 of June 10 , 1 reported that the District' s insurance brokers , Flinn, Gray & Herterich of Palo Alto, were still in the process of finalizing the bid information for the District' s insurance coverage . The finalization process has been con- tinuing through the day today and the available bid information is as follows : 1. Package (Liability and Property) : The District ' s current carrier, INA (Insurance Company of North America) , a subsidiary of CIGNA, has bid $17 ,608 . This compares with a premium of $16 ,921 for the 1985-1986 fiscal year, a 4% increase. The $16 ,921 premium repre- sented a 244% increase over our 1984-1985 premium. 2. Auto: General Accidehtthe current auto coverage providers , have E'id $16 ,532 , a 59% increase over the 1985-1986 premium. About 75% of the increase is due to 1984 and 1986 accidents involving Ranger vehicles for which approximately $7 ,500 was paid out by the insurance company. 3 . Fidelty : Chubb' s premium bid for the District' s fidelity bond is 4989 .11 , an 11% increase over the 1985-1986 premium. 4 . Umbrella Liability: St. Paul Surplus has bid $26 , 832 for the Dis- trict' s unbrella liability coverage. This represents a 432% increase over the 1985-1986 premium. The $26,832 quote represents a "worst case condition" , and the District's insurance brokers may be able to negotiate a reduction in the premium prior to July 1. The District is viewed as a public entity and public entity liability coverage premiums , if they can be secured, have been driven totally out of sight during the current liability insurance crisis . 5 . Public Entity Difference-In-Conditions Coverage : Great American E-as bid $9 , 155 . 80 , a 71% increase over last year' s premium. Last year, the liability coverage was increased from $300 ,000 to $1 million and the 1986-1987 premium reflects the fact that the District, for this particular coverage, is treated as a municipality . 6. Volunteer Accident Policy: INA (Insurance Comapny of North America) has bid $182 .50, the same premium as the 1985-1986 fiscal year. The attached sheet, Exhibit A, outlines the bid package from Flinn, Gray & Herterich for the District' s 1986-1987 insurance coverage. The total bid package at this time equals $75 ,299 . 41, a 73% increase over premiums paid in 1985-1986 . Staff has been informed by Ralph McIntyre of Flinn, Gray & Herterich, who will be in attendance at your meeting R-86-48 Page two tonight, that the above bids were the only ones that could be secured for the District. Mr. McIntyre will also explain ways he may be able to reduce the umbrella liability bid. Recommendations : I recommend that you accept the maximum bid of $75 ,299 .41 from Flinn, Gray & Herterich, based on the quotations shown on Exhibit A attached from INA, General Accident, Chubb, St. Paul Surplus, and Great American Insurance Companies for the District' s insurance coverage for 1986-1987 and with the understanding that negotiations should continue to make every attempt to reduce the St. Paul Surplus bid for umbrella liability. EXHIBIT A INSURANCE COVERAGE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1986 - 1987 COVERAGE COMPANY BID QUOTATION Package (Property and INA (Insurance Company $ 17,608 .00 Liability) of North America) Auto General Accident $ 16, 532.00 Fidelity Chubb $ 4,989. 11 Umbrella Liability St. Paul Surplus $ 26 ,832.00 (maximum) Public Entity Great American $ 9 , 155. 80 Difference-In-Conditions Volunteer Accident Policy INA (Insurance Company $ 182. 50 of North America) R-86-42 (Meeting 86-16 June 18 , 1986) Kc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 12 , 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Services Manager SUJBECT: Presentation of 1986-1987 Salary Survey and Adoption of New Salary Ranges You. continued consideration of this agenda item to your rescheduled Regular Meeting of June 18. Please refer to my report R-86-37 of June 5 regarding salary range adjustments for General Manager appointees and the Budget Committee 's report R-86-39 of June 5 regarding compensa- tion for Board appointees . The item was continued after a motion to adopt a four point salary range increase for General Manager appointees failed to pass on a 3 to 1 vote. i R-86-43 (Meeting 86-16 June 18, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 12 , 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes , Administrative Services Manager SUBJECT: Adoption of Preliminary Budget for Fiscal Year 1986-1987 Discussion: At your June 11 Regular Meeting you adopted the 1986-1987 budget figures (which do not include salary and benefit increase funds) contained in Exhibit A of the proposed resolution subject to actions you would take at the rescheduled Regular Meeting of June 18 on salaries for General Manager and Board appointees. You deferred taking the formal action of adopting the budget by resolution until June 18. Please refer to report R-86-40 of June 4 ; the resolution portion of that report has been reproduced for your review to accompany this follow-up report. Recommendation : I recommend that you adopt the formal resolution adop- ting the preliminary budget for fiscal year 1986-1987 . Staff will have alternative Exhibit A material for the resolution available at your meeting reflecting revised budget figures based on four or five point salary range adjustment for General Manager appointees . EXHIBIT A MIDPENI�`aSULA REGIONAL OPEN SPACE DISTRICT Preliminary Budget, for Fiscal Year 1986-1987 I. REVENUES A. Basic Proper`, 'Tax Allocation $ 5,725 ,000 B. Debt Service Property Tax 671,000 C. Prior Years Redemptions 253 ,000 D. State Subventions 460 ,000 E. Interest . 800 ,000 F. Grants 467 .000 G. Enterprise Activities 259,000 H. Other Income 84,000 TOTAL REVENUES $ 8 ,719 ,000 PROCEEDS FROM NOTES PAYABLE 9 ,285, 000 i TOTAL INCOINSE $ 18,004,000 II. RESERVES $ 1 .730 ,170 III. EXPENDITURES A. Debt Service (Land) 1. Interest $ 1,887, 130 2. Principal 3,350,400 SUBTOTAL $ 5,237 ,530 B. Salaries 1. General Manager Appointees $ 959 ,650 2 . Salary Incentive Awards 4,000 3 . General Manager 69 ,400 4. Legal Counsel 51,400 5. Controller 3,900 Benefits 1. General Manager Appointees 229 ,900 2. General Manager 19 ,100 3. Legal Counsel 4,100 4 . Controller _0_ 5 . Directors ' Fees 21,000 SUBTOTAL $ 1, 362 ,450 i D. Services & L jplies 1. Legal Services $ 5,000 2 . Regular Outside Services 24,400 3. Land Option Fees 1 ,000 4. Contract Services .261,700 5 . Election/Annexation 37 ,200 6 . Library & Subscriptions 2,500 7 . Memberships & Dues 900 8. Rents & Leases 84,650 9. Utilities 24,950 10. Postage 16,350 11. Printing & Duplicating 59 ,400 12 . Insurance 56, 500 13. Advertising 7,000 14 . Maps & Aerials 1, 300 15. Private Vehicle Expenses 10,900 16 . District Vehicle Expense 72 ,300. 17. Conference/Meeting Expenses 20 ,000 18. Training & Seminars 9 ,750 19 . Maintenance/Repair Equipment 11,600 20 . Computer Expenses .2 000 21. Office Supplies/Small Equipment 8,550 22 . Field Supplies/Small 11 Equipment 13 350 23 . Outside Maintenance Services 85,200 24 . Property Taxes 6 ,Q00 25. Miscellaneous 300 SUBTOTAL $ 822,800 E. Fixed Assets 1. New Land Purchases $ 81000 ,000 2. Site Acquisition Expense 118,000 3. Site Preparation Expense 11,000 4 . Leasehold Improvement- 37, 000 5 . Structures & Improvements 621,100 6. Field Equipment 17, 250 7 . Office Equipment 28 ,200 8 . Vehicles 48 ,500 SUBTOTAL $ 8 ,881, 050 TOTAL OF ALL EXPE14DITURES $1C ,303 ,830 I RESOLUTION NO. 86-38 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN. SPACE DISTRICT ADOPTING PRELIMINARY BUDGET FOR FISCAL YEAR 1986-1987 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: I Section One. The preliminary budget for the Midpeninsula Regional Open Space District for the fiscal- year 1986-1987 is adopted as set forth in Exhibit A. Section Two. In addition to this District' s allocation of property taxes collected corre- sponding to the maximum tax rate of one percent of assessed valuation for all agencies within each county, a property tax levy in the amount of $670,13'0 shall be made to pay fiscal year 1986-=987 debt service sufficient to retire incurred prior to June 6, 1978, purlu-ant to Public Resources Code Section . 5544. 2. Section_ Three. A total tax rate of ten cents (10�!) per $100 assessed valuation is adopted, or such lesser amount as may be allowable by law. Section Four. An adjustment to land acquisi- tion .funds shall be made to reflect any differ- ence between actual revenu e and bu dgeted revenue. Section Five. Monies are hereby appropriated in accordance with said budget. R-86-41 (Meeting 86-16 AA. June 18, 1986) OF 30= 11C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 9 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; and A. Cummings, Environmental Analyst SUBJECT: Proposed Cunningham Property Addition to Rancho San Antonio Open Space Preserve Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Rancho San Antonio Open Space Preserve Cunningham Property) . I further recommend that you tentatively adopt the Interim Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Rancho San Antonio Open Space Preserve and indicate your intention to dedicate the property as open space. Introduction: The District has been offered a gift of a 1. 3 acre lot adjacent to the Rancho San Antonio Open Space Preserve. The lot is part of a prominent ridgeline overlooking the Rogue Valley area of the Preserve. If acquired, the property would become an addition to the Rancho San Antonio Open Space Preserve. (See attached maps. ) A. Description 1. Size, Location and Boundaries The 1. 3 acre lot is located near the end of Ravensbury Avenue in unincorporated Santa Clara County. The Rancho San Antonio Open Space Preserve adjoins the property to the south and east, while private property is located to the north. The lot fronts on Ravensbury Avenue to the west. A locked and gated driveway leads from Ravensbury Avenue through the length of the property to a private residence on' the ridge. 2. Topography, Geology and Natural Landscape This long narrow lot is located on the south facing slope of a ridge overlooking Rogue Valley and the upper Permanente Creek watershed. Permanente Creek is located approximately 400 feet to the south. Elevations range from 800 feet along the ridge- top to 440 feet above Permanente Creek. The lower portion of R-86-41 Page two the lot is covered with oak woodland forest with a dense understory of poison oak and other shrubs. Grassland inter- spersed with some chaparral plants grows on the drier south facing slopes above Ravensbury Avenue. B. Planning Considerations The lot is located in unincorporated Santa Clara County within the sphere of influence of the Town of Los Altos Hills. It is zoned HS (hillside) and is developable with a density of one single family home. The property received a moderate rating on the District's Master Plan map, a composite rating indicating the suitability of the land for open space. C. Current Use and Development The site is currently undeveloped with the exception of a 25-foot-wide driveway. The driveway enters the western side of the property from Ravensbury Avenue and cuts through the center of the property, exiting near the northeast corner. This driveway is an easement to an adjacent private residence. D. Potential Use and Development The property is visible from the trails within the Permanente Creek watershed of Rancho San Antonio Open Space Preserve. The acqui- sition of this property would help preserve the ridgetop views and eliminate the potential for an additional residential structure on the ridge. In addition, the property permits greater protection of the Preserve's entry area at Ravensbury Avenue and offers greater flexibility in the redesign of the Ravensbury entrance to the Preserve currently being completed by a planner under contract to the District. E. Interim Use and Management Recommendations 1. The site will be managed as a natural area. 2. Preserve boundary plaques will be installed at any appropriate points. P. Name The property will become an addition to the Rancho San Antonio Open Space Preserve and be known by that name. G. Dedication The site is intended to be dedicated as public open space. H. Terms Mrs. Cunningham, the current owner of this property, has generously offered to give this residential homesite to the District. Her original offer was forwarded to the District from the Town of Los Altos Hills. Los Altos Hills and particularly the current Town Manager, George Scarborough, have been very helpful and encouraging in securing this gift of land. SITE MAP — PAGE 1 G PROPOSED ACQUISITION FS r� •j '3 St )� --- -- Y. =i533800 LANDS OF t Y- 309/6-T P.O.S.T. 13 CUNNINGHAM PCL. . �.c._'s RANCHO SAN :AN CO IC? , 29 OPEN SPACE ;PRESERVE 1 _ PC L. 2 { 1 i �\ O } - - P t >rr1 ,y 4 C;Z M � .......-.. .......-... r ;?.......h �,....:. .f......,<a`a<'r:<a.:..: a�..;..,, .�...... x:a•.•Y.s...w�L.. :tS:...3;r:., ..�, k.?.S'fa�:�3..w,'k�.v,$�: 1�� ........... •.{i x .l• a� I(I� � 1 •1' � 1'1{•i3�5�'������.'/i:ti�v�'94•..:�':9•Av.:•e.x \'r•:�� .. 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'rli^•� as;+. 1�ex cam. \�f/ \i,`nenger �na'h Stan O \� � - " khull t (t �.. .'` r� Reside 'y c,.mfn:,rti f y tMeado 7t'id e ,` �� 1-1f IT JAI Ca �♦ • • Z'I ryes. / ' \� �� opl ` I cu �.�'`; �� aCai1,•r• it FAR`rvvtrpw\•.,� �� .v✓ � „ t �a}�--.v/rcon_ R Parkin 1 .. ,,- � \ �.err+}t• %� l te"4y i n n i o un .'ylirVm91ArT, �' ;..� i (� I '� / ' ' `�) _„r� ��..% ✓V Vs`LPG & E- Poad ' i � i /+ =� I �/i� --.ice_ -•/ � I f �-. --- �r< � .� � .S SITE MAP - PAGE 2 r i s•e' 1 '1. ��_ I r�CirPP1i \ �� R �,y ll' 70NI0 •� _ ; RANCHO SAN AN rrwaq'13ear �) 1 �,' �I IJ, QFrdtry� - OPEN SPACE PRESERVE ` Slack W .Intain { `r l{ �c;, ��f �I .�\ �/ , -� i r.� - �� ' /1`` ;- I ��. `• �..� SCALE 1" - 20001 NORTH 1 A r•t• :I' •.A v'• s RESOLUTION NO. 86-39 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY TO CLOSING OF THE TRANSACTION (RANCHO SAN ANTONIO OPEN SPACE PRESERVE - CUNNINGHAM PROPERTY) . The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by a gift deed from Dorothy Y. Cunningham to the Midpeninsula Regional Open Space District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for said gift deed conveying title to the property being donated to the District. Section Three. The General Manager of the District shall cause to be given appropriate notice to the donors of the acceptance of this gift. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. "11 that certain real property in the County of Santa Clara, State of California, described as follows: Parcel One Seginning at an iron pin, which marks the Southeast corner of Lot 2, in Section 8 Township 7 South, Range 2 West Mo unt Diablo Meridian,idian an d running thence North 0 deg 30 ' East along the Easterly line of said Lot 2, for a distance of 48. 20 feet to an iron pipe, the Northeasterly corner of said Lot 2 in the Souther ly y boundaryof Rancho nc ho San Antonio, thence along the Southerly boundary of Bancho San Antonio, North 75 deg 0' West 617. 15 feet; thence South 39 deg 57 ' East parallel to an distant Northeasterly 20 feet frcm the center line of a 30 foot road, 265 .70 feet to the South line of said Lot 2; thence South 89 deg 30' East 426.68 feet to the point of begihnning, containing approximately 1 .33 acres, and being a portion of Lot 2 in Section 8 , Township 7 South, Range 2 West , Mount Diablo Meridian. Parcel Two An easement and right of way for road purposes over a strip of land 30 feet in width, along the Northerly line of said Lot 2, and lying between the center line of Ravensbury Avenue, and the hereinabove described piece of land. I B'T Page�of R-86-46 (Meeting 86-16 ,,► June 18, 1986) Kc MIDP"ENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 13 , 1986 TO: Board of Directors I FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager D. Hansen, Land Manager; D. Woods, Open Space Planner; A. Cummings , Environmental Analyst SUBJECT: Proposed Dyer Property Addition to the La Honda Creek Open Space Preserve Recommendation: I recommend that you adopt the accompanying Resolutions as follows : (1) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Dyer) . (2) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Option to Purchase Real Property, Authorizing Officer to Execute I Certificate of Acceptance of Assignment of Option to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Dyer) . I (3) I further recommend that you tentatively adopt the Interim Use and Management Plan recommendations contained herein including naming of the site as an addition to La Honda Creek Open Space Preserve and indicating your intention to dedicate the 250 acres to be pur- chased by the District. Introduction: The Midpeninsula Regional Open Space District has been offered tKe opportunity to purchase 250 acres of land located in the Santa Cruz Moun- tains west of La Honda Road and north of the District 's contiguous La Honda Creek Open Space Preserve (see attached map) . At the same time, the Penin- sula Open Space Trust POST P P (POST) has been offered the gift of 112. 6 adjacent acres north of this proposed acquisition, providing access to the property from Allen Road. The District would manage both areas. The entire 362 . 5 acre site consisting of 4 parcels is owned by Calvin and Dora Dyer. Standing above most of the surrounding terrain, the property is frequently above the clouds - a factor which no doubt led to its original land grant name of Ran- cho del Cielo - Ranch in the Sky. This magnificent property represents a major acquisition for the District. It will greatly increase the useability and importance of La Honda Creek Open Space Preserve, by more than doubling its size from 329 to 691.5 acres, i providing potential paved vehicular access from Allen Road, and offering one of the most scenic destination points in the District. Existing roads and trails on the property, together with the old logging roads on La Honda Creek f i i I � I � I J i 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 I I i R-86-46 Page Two Open Space Preserve, offer opportunity for numerous trail loops through a variety of terrain and plant communities . Visitors will be able to enjoy the secluded nature of the area, with rolling ridgetop meadows ringed by forest (including first growth redwoods) , spectacular vistas , and abundant wildlife. The trails and easements also could become part of a regional network connecting La Honda Creek Open Space Preserve with El Corte de Ma- dera Creek Open Space Preserve and Wunderlich County Park. A. Description of the Site. 1. Size, Location and Boundaries This 362 . 5 acre property (250 acres District, plus 112 .5 acres POST) is located at the end of Allen Road in unincorporated San Mateo County west of Skyline Boulevard. Allen Road branches southwest from Bear Gulch Road and roughly parallels Skyline Boulevard. A portion of the eastern boundary of El Corte de Madera Creek Open Space Pre- serve adjoins Bear Gulch Road approximately 1/2 mile northeast of the property. The property is surrounded by private property on all sides but the southeast, where it adjoins existing lands of the La Honda Creek Open Space Preserve. In addition, the District is acquiring a 50 foot wide easement over paved Allen Road between Bear Gulch Road and the site as well as the possibility of securing a 14 foot wide patrol easement from the north- east boundary down to Skyline Boulevard. 2 . Topography, Geology, and Natural Landscape The property is centered around a gently rolling grassy ridge which drops steeply to the south and east. Tributaries of La Honda Creek and Harrington Creek originate on the property. The high point of the property is the 2191-foot-elevation USGS Benchmark known as "Sky" and located on the ridgetop south of the homesite area. The low point is approximately 1320 feet near the southwest corner of the property, where a tributary of Harrington Creek has carved a steep canyon. The 112.5 acre POST gift parcel is located in the northernmost quar- ter of the property. This area is heavily wooded with dense second growth redwoods and Douglas fix forest mixed with hardwood forest of madrone and oak, especially on the steeper north facing slopes in the eastern portion. There is a small pond with an earthen dam located in the northwestern corner of this parcel near the PG&E pow- er lines . It dries up in summer and was to be used as a water sup- ply in case of fire if the property were developed. The outstanding feature of the 250 acre District acquisition is the expanse of open meadow in its center providing spectacular views from San Francisco to the beaches of Half Moon Bay. As the gently rolling terrain steepens to the southeast near the La Honda Creek Open Space Preserve boundary, the meadows give way to forest mixed with some chaparral on the drier south facing slopes. The underlying rock is Butano sandstone with some outcroppings sur- facing in the meadow areas. The flatter portions of the property are mapped as moderatly susceptible to landsliding, while the steeper slopes to the south are highly susceptible. The San Andreas Fault is approximately 2' miles to the east and the inactive Pilarcitos Fault is 1' miles to the east. R-86-46 Page Three According to the caretaker, who has lived on the property since 1973 , the property supports an abundant wildlife population , in- cluding mountain lion, bobcat, deer, coyote , fox, badger, raccoon, quail, red tailed hawks , and golden eagles . The upper end of Har- rington Canyon is a particularly remote area where he believes much of the wildlife may breed. There is no access to this canyon from any other property in the area. Located at over 2000 feet, the property is subject to more extremes of temperature than surrounding areas. The caretaker believes it is usually ten degrees hotter or colder than extreme temperatures elsewhere. Often when the Bay Area is overcast, the ranch stands out as an island above the sea of clouds . 3 . Cultural History The ranch was established in Civil War days as a self-sufficient working ranch. There were two main structures , now the caretaker ' s house and barn. The property has had only four owners since the original land grant. The Gilberts were the third owners , who logged and grazed the property until they sold it to the Dyers in 1948 . The Dyers continued it as a working ranch until 1973 . B. Planning Considerations The property is zoned RM and is eligible for subdivision into about twenty residential sites. Allen Road, the main access to the property, is not currently a public road, although the San Mateo County Board of Supervisors has directed the San Mateo County Department of Public Works to work with the residents to secure public status . The road is paved all the way from Bear Gulch Road to the homesite area. The adjacent Bear Gulch Road is an extremely narrow road with steep dropoffs on both sides . The County Department of Public Works is also working with resi- dents along Bear Gulch Road to improve Bear Gulch Road with pullouts and other safety provisions . The property was given a moderate rating on the District 's Master Plan map as open space in a composite rating of open space values . C. Current Use and Development 1. Roads Access to the property is from Allen Road via a 50 foot wide ease- ment from Bear Gulch Road. Allen Road continues through the prop- erty partially following the southern boundary of the gift parcel, exiting in the northeast corner and continuing out to Skyline Boule- vard. This "northeast easement" (see "A" on attached map) is the subject of current litigation known as Dyer vs. Mills . The District has 90 days from approval of the acquisition to try to attain a settlement of the lawsuit over easement rights on this road. Another road, known as the "skid road" , branches north from Allen Road within the gift parcel, and also continues out to Skyline Bou- levard. According to the Purchase Agreement, the Sellers will attempt to obtain a 14 foot wide partrol vehicle easement over this road before the close of escrow. Other roads on the property include a PG&E road which provides access to the 100 foot wide PG&E tower easement near the western boundary of the property. This road offers potential for connec- R-86-46 Page Four tion with old logging roads on La Honda Creek Open Space Preserve. It has been surfaced with rocks and is driveable year round. An old logging road near the eastern boundary of the property also connects with overgrown roads on La Honda Creek Open Space Preserve. It also branches west along the meadowed ridge and ends at a rock outcrop vista point overlooking Harrington Creek with panoramic views of the Skyline area and west to the Pacific Ocean. A third branch of Allen Road passes behind the homesite area and dead-ends at the northeast side of the property boundary. Beyond it, the driveway of a private residence connects with private Ebbetts Road and La Honda Road. 2 . Structures The homesite is located near the northern boundary of the District 's acquisition, looking out over the open meadows and backed by forest. Allen Road is paved all the way to this site. Improvements include a single story 2-bedroom, one bath house, faced with stone and en- closed by a large closed-in porch with windows on all sides. The house has oil heat and air conditioning, a fireplace, and a large walk-in refrigerator. There is an attached two car garage and adjacent two story tank house, which was originally a water tower. It contains a bedroom, bathroom, and washing machine and dryer. A 30 ,000 gallon red cypress water tank supplies water to the homesite area. South of Allen Road below the main house is another improved area containing a 5 ,000 square foot two story concrete block 8-car gar- age. The upper story (although designed to accommodate an apart- ment) is now one large storage room and is reached by a ladder from the outside. Next to the garage are a one bedroom caretaker 's house and barn, which constituted the original ranch buildings built in the 1860 's when the property was a self-sufficient working ranch. These structures have handhewn beams and hand chopped shakes . Around this area are fenced and cross-fenced pastures and corrals. A well on the ridge to the south delivers a 25 gallon/minute water supply to a 28,000 gallon redwood tank, which supplies water to this area. Assorted livestock include three Arabian horses , goats and sheep (used for thistle control) , ducks , geese, and peacocks. Under the terms of the Purchase Agreement, the Dyers would lease the homesite area and half of the 8-car garage for ten years, although the public will be permitted to use the surrounding lands. The pre- sent caretaker will stay on in the caretaker 's residence to aid Dis- trict caretaking needs for 5 years (cancellable by him) and for an additional 5 years (cancellable by either him or by the District) . A caretaker agreement would be drafted by Land Management to for- malize this relationship. D. Potential Use and Management The property, together with the existing District land to the east, will offer a variety of potential recreational and agricultural opportunities. The open grassland areas of the site would possibly provide rangeland for limited grazing and the hilltops , because of their panoramic views , will undoubtedly become destination points for hikers and equestrians. It is likely that the site will someday provide a link in a regional R-86-46 Page Five trail connecting the portion of the Preserve adjacent to La Honda Road to Skyline Boulevard and Wunderlich County Park. This may be accom- plished by reopening an existing trail on the easterly slopes between the proposed acquisition and La Honda Road, and utilizing the subject property easements and/or public rights of way to the north and west and connecting to Skyline Boulevard and eventually to El Corte de Madera Creek Open Space Preserve. Bear Gulch Road and Allen Road could provide public vehicular access , although it is recognized that there may be limitations due to the nar- rowness of Bear Gulch Road and scope of the easement along Allen Road. Under these current conditions , this access would most probably be pro- posed for permitted public group use only. Group uses could include docent led field trips or special activities such as group picnics . In- formal individual access (without permit) will most likely be provided via hiking and equestrian trails leading from Skyline Boulevard and La Honda Road. The potential uses and development of this site will be considered in more detail during the normal planning process . The initial planning stage, which will include a public workshop, will occur over the next year and address key issues of access and recreation. The resulting Initial Use and Management Plan will then be publicly reviewed by the Board of Directors . E. Interim Use and Management Recommendations The following Interim Use and Management recommendations are to be effec- tive during the initial planning phase and preparation of the Initial Use and Management Plan which is expected to take approximately one year. 1. The site will not be opened to the general public during the first year in order to allow sufficient time for a more comprehensive study of public access and recreational opportunities. This study will in- clude a public neighborhood workshop to address such topics as poten- tial access routes , parking, circulation, trespass , and signage. 2 . Boundary plaque signs and private property signs will be placed where appropriate within the first six months to minimize public trespass on adjacent private properties . 3 . Following the placement of boundary signs, the site will be open to organized groups who may obtain a permit and site map from the Dis- trict office. Parking will be allowed on-site in designated road- side pullouts. 4 . An informational sheet, describing the status of the site (i.e. , open only to group use) and inviting interested parties to participate in the planning process will be available at the District office and distributed by the Rangers to unauthorized visitors on the site. F. Dedication I recommend that you indicate your intention to dedicate the 250 acres as an open space preserve even though the adjacent La Honda Creek Open Space Preserve is currently undedicated. G. Name I recommend that the property become an addition to La Honda Creek Open Space Preserve and be known by that name. R-86-46 Page Six H. Terms The entire 362 acre Dyer Ranch has been under option since 1981 at a price of $3 ,000 ,000 (plus option payments) to Rancho Del Cielo Associates, a partnership. This transaction therefore involves two separate agreements : first, the acquisition of the property (250 acres 3 of the existing 4 lots) from the Dyers at a price of $2 .2 million , with $1.7 million down in cash at close of escrow and the balance of $500 ,000 payable at the end of 10 years with annual, seven per cent, tax-free, interest-only payments of $35 ,000 . This secured note would be subordinated to the 1982 , 1985 , and anticipated 1986 public note issues of the District as well as all future public note issues . The District 's current subordinated debt capacity is $3 million. As mentioned earlier in this report, the Dyers would also be making a gift of the 112 acre "lot 1" to POST. The Dyers would also retain a 10 year leasehold right to the house with the surrounding 5 acres and one-half of the garage structure. The form of lease is appended to the purchase agreement. The second part of this transaction involves acquiring the option interest in the property at a purchase price of $300 ,000 payable in the form of a secured note, fully amortized (equal annual pay- ments the sum of principal plus accrued interest) over 10 years at 7% , tax-free interest. This would also be subordinated to all existing and future District public note issues. es. The optionees would also quit claim their interest in Lot one making the POST gift transaction possible. The total acquisition cost to the District is therefore $2 .5 million with $1.7 million payable in cash at close of escrow (funds expected to come from the proceeds of the 1986 note issue) with $800 ,000 in 7% , subordinated, secured promissory notes. If one includes the entire 362 acre area, the price averages $6,900 per acre. The current caretaker , Paul Houghton, has lived on the site for many years , and the Dyers would like him to remain on the site during their leasehold term. Because a 10 year arrangement may interfere with future District uses , this agreement would require that he stay on the property, rent-free, in exchange for caretaking duties for a period of 5 years cancellable only by him. An additional 5 years would then be available , cancellable by either party, with the District 's cancella- tion provision based upon the need for public open space and/or recreational development. A caretaking agreement would be negotiated with him by Open Space Management staff. The final aspect of this transaction concerns the "back road. " As described in this report, Allen Road intersects Bear Gulch Road and passes through the Dyer Ranch , at which point it becomes an unpaved road that eventually intersects Skyline Boulevard several miles south of the Bear Gulch intersection. The back portion of this road was originally a fire trail, and as we understand, the main entrance to the Dyer Ranch. The Dyers had used this road for many years and accordingly claim a prescriptive easement right. When residential development of the Dyer Ranch was contemplated, a lawsuit was filed in order to perfect easement rights over this road for subdivision purposes. There are over 10 other parties to the lawsuit and several cross-complaints have been filed for damages . It would be staff 's intention to try to settle this complex lawsuit by perfecting rights on easement for patrol and maintenance purposes only. There have been several initial discussions R-86-46 Page seven along these lines , and such a settlement seems possible. The agree- ment before you would allow 90 days to consummate such a settlement If it is not possible to settle this matter as outlined, the District would have the option of: 1) assuming the Dyers ' position in the liti- gation (except for any personal liability of the Dyers for physical damages to the lands of others) ; 2) going ahead with the acquisition without any rights to the "back road" ; or 3) declining to purchase the property. In any event, staff would be returning to you prior to the end of the 90 day period with a report on the outcome of these negotia- tions and recommendations on completion or abandonment of this transaction. ti C �e_� V WUNDERLICH PARK - \ EL CORTE DE WDERA'_ _� 1. �Ecf -\ x\� �. q •1 i. A/< OPTION PARCELS i - . eacb', d/ it 99 B=AR GULCH ` 't2 �I I - _ ROAD i 3 •4-� ,�/ M aq Q -�SKYLINE BLVD. 1 Lake r • ) /' , _`,T ,{ien L001FQv`C J , ` 0O_ ._ �j.`r - •f, ,\ \, \,/` I� J_' G, /6 y - ( 'ALL`ZEN ROAD % krrO'Iy• `��,��;1 GIFT PARCEL S ?rn�a) GATE 012 AC.) ;i'G TES CA) EASEMENT (UNDER LITIGATION) 'a �-rew >� 1 _ •s'. -1 ',tom • i Y_ LEASE AREA 1` ri600 . PROPOSED ACQl1ISTT'0� i°o,p c aM �172 \. IV 04 8800 14 1 �/ r tiprtrtye - �' ,. _Y 1 t'' f'� ` '_ " ,, JJ�J,. �•,/' ,/���0o tY dhav Cam cre -- 1---'J Ir✓ / � (: I ',tip\ �� � �ti I- /-/ �./°� J��tn9r. `� � I N�=:xa� � •� _ Q. lt, •/-�\��111 � l __ �J � (-i t ,�i' / __�� � ' l��` -•a�a3p.�__:.+---.'�.\�'/ III J , i 3 CIO I 's � - -\"'-�•:_'�' ��'Jt , / 'r �� I \ �� �i"^`.� I % ;% '� i:� �� }lt sat EXHIBIT MAP S ;.//;\��, A SITE - ���� i I i \;. PROPOSED ADDITION LA HONDA CREEK -, OPEN SPACE PRESERVE - ',,moo= „� :Aar .`• �, Ji /� } •'� l+ \ `^� i RESOLUTION NO. 86-40 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE - LANDS OF DYER) 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 Agreement to Purchase Real Property between Calvin Y. Dyer et al, 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 $10 ,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $1, 700 ,000 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. i RESOLUTION NO. 86-41 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE OPTION TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF ASSIGNMENT OF OPTION TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE - LANDS OF DYER) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer con- tained in that certain Agreement to Purchase Option to Purchase Real Property between Rancho Del Cielo Associates, a California partnership, 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 assignment or other document transferring the option to said property. Section Three. The General Manager of the District shall cause to Be given appropriate notice of acceptance to the optionees. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. I i i AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN CALVIN Y. DYER and DORA F. DYER, Trustees Under the Calvin York Dyer and Dora Frances Dyer Revocable y Trust dated May 16, 1984 AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 _ r r AGREEMENT TO PURCHASE . REAL PROPERTY This Agreement is made and entered into as of 1936 by and between CALVIN Y. DYER and DORA F. DYER, Trustees Under the Calvin York Dyer and Dora Frances Dyer Revocable Trust dated May 16, 1984 ( "Sellers" ) and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district ( "Buyer" ) . RECITALS A. Sellers are the owners of certain real property located in the County of San Mateo, State of California and more ?particularly descried as Parcels 2, 3 and 4 as designated on that certain parcel m- " p �.� entitled tercel Map of a Resubdivision of a Portion of Sections 26 , 27 , 34 , and 35 , T6S, R4W, M.D.B. and m. , being a portion of Parcel "A" as shown in Volume 29 P.M. , Page 1211 , recorded June 7, 1977 in Volume 37 of Parcel Maps, Pages 15 and 16, Official Records of San Mateo County, constituting a total of 250+ acres, together with all easements aopurtenant thereto (hereafter referred to as "the Property" ) . A more complete legal description of the Property is contained in the Preliminary Title Report issued by Fidelity National Title Insurance Company dated February 21 , 1986 , a copy of which is labeled Exhibit "A" and is attached hereto and incorporated herein by this reference. B. The Property includes land which has natural beauty, open space and recreational value currently of interest to Buyer . 2 l C. Buyer was organized as a public district to acquire real and personal property for public park, recreation, conservation and open space purposes in the San Francisco Midpeninsula area. D. Sellers desire to sell and Buyer desires to purchase the Property for the consideration and on the terms and conditions hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Sellers do hereby agree to sell to Buyer and Buyer heresy agrees to purchase from Sellers fee title to the Property as described herein upon the terms and conditions hereinafter set forth. 2. Purchase Price. The total purchase price ( "Purchase Price" ) for the Property shall be Two Million, Two Hundred Thousand Dollars ( $2, 200 ,000 ) , which shall be payable at the "Closing, " (as defined in Section 4 hereof) as follows: One Million, Seven Hundred Thousand Dollars ($1,700,000 ) shall be payable in cash at the Closing. The remaining Five Hundred Thousand Dollars ($500 ,000 ) shall be paid in the form of a ten (10 ) year promissory note secured by a First Deed of Trust on Parcel 2 of the Property and shall bear tax free interest at the rate of seven percent ( 7%) per annum, payable interest only annually. Buyer shall execute a promissory note payable to Sellers ( in the form attached hereto as Exhibit "F" and incorporated herein 3 by this reference) in the amount of $500,000 , and a First Deed of Trust securing said note ( in the form attached hereto as Exhibit "G" and incorporated herein by this -reference) , which deed of trust shall be recorded against Parcel 2 of the Property ix-mediately following recording of the grant deed by which Buyer acquires title to the property at the Close of Escrow. The principal portion of said promissory note shall be due and payable in full ten (10 ) years from close of escrow. Accrued, tax free interest at the rate of seven percent (7% ) per annum on the unpaid balance shall be paid annually. Such annual payments of tax free interest are to be made on or before each anniversary dale of the close ---F escrow, the first such payment to be made one year following close cf escrow. The note shall provide that principal and accrued interest may be prepaid at any time without penalty or pre74 U Buyer shall provide at Buyer ' s expense a Lender ' s Policy of Title Insurance insuring that this First Deed of Trust is in fact a First Deed of Trust. 3. Sellers to Retain Ten (10) Year Leasehold Interest In *Sellers' Existing Homesite". Buyer agrees to execute before the close of escrow and to deposit with the Escrow Holder for delivery to Sellers upon the close of escrow a written ten ( 10 ) year lease leasing to Sellers "Sellers ' Existing Homesite" as depicted on Exhibit "B" hereto for a period of ten (10) years. The lease shall be in the form attached hereto as Exhibit "C" . 4. Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at Fidelity National Title Insurance 4 Company or other title company acceptable to Buyer and Sellers ( "Escrow Holder" ) through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and designated to act as escrow holder and is authorized and instructed to deliver, pursuant to the terms of this Agreement, t documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: a. The time provided for the close of the escrow shall be on or before the expiration of ninety ( 90) days following execution of this Agreement by both Buyer and Sellers; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when the Escrow Holder causes the Grant Deed (as defined below) to be duly recorded in the Office of the County Recorder of San Mateo County. b. Sellers and Buyer shall , during the escrow period , execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase 5 and sale pursuant to the terms of this Agreement.- C. Sellers shall deposit into the escrow on or before the Closing : ( i) an executed and recordable Grant Deed in the form attached hereto as Exhibit "D". ( ii ) a dismissal of all claims by all parties pertaining to title or right to possession of any aspect of the Property, including prescriptive easements, which are set forth in the litigation currently pending in San Mateo County Superior Court known as Dyer vs. Mills and Related Cross Actions, Case Number 263093. d. Buyer shall deposit into the escrow before the Closing: ( i) its check for the downpayment portion of the Purchase Price in the amount of One Million, Seven Hundred Thousand Dollars ( $1 ,700 ,000 ) payable to Escrow Holder; ( ii ) a ten (10 ) year lease to Sellers, as lessees, of "Sellers' Existing Homesite" as depicted on Exhibit "B" hereto. The lease shall be in the form attached hereto as Exhibit "C" ; and ( iii ) the duly executed original of the $500 ,000 note (Exhibit "F" ) and the duly executed and recordable original of the First Deed of Trust on Parcel 2 (Exhibit "Gr ) . e. The Closing and the parties' obligations hereunder shall be additionally conditioned upon the following : W the willingness of the Escrow Holder ( title company) to issue the policy of title insurance and endorsement referred to in Section 3 (g) herein. 6 I ( ii) satisfaction by the parties of their respective obligations hereunder. f. Buyer and Sellers shall each pay one-half (1/2) of the escrow fees, documentary transfer taxes, if any, and any and all customary recording costs and fees. Sellers shall pay all reasonable costs required to deliver marketable title in the manner provided herein. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between Buyer and Sellers in the manner customary in San Mateo County (which requires Buyer to pay for the policy of title insu rance) .. Al2 current property Y taxes on the Property y shall be prorated through escrow between Buyer and Sellers as of the Closing based upon the latest available tax information using customary escrow prozedures. f g. Sellers shall cause Fidelity National Title Insurance Company at 891 Ma--sh-all Street, Redwood City, California 94064, or other title company acceptable to Buyer and Sellers, to be prepared and committed to deliver to Buyer a standard coverage CLTA policy of title insurance, dated as of the Closing, insuring title in Buyer in the amount of Two Million, Two Hundred Thousand Dollars ($2,200,000 ) for the Property, and showing title to the Property vested in fee simple in Buyer, subject only to: ( i) current real property taxes; ( ii ) the printed exceptions contained in said title insurance policies; ( iii ) those items shown as exceptions 1 , 2, 3, 4, 5, 6, 7, 8 and 10 in the preliminary title report attached hereto as Exhibit "A" ; and ( iv) any other matters approved in writing by Buyer prior to the 7 1 Closing. Said title company shall issue a mechanic 's lien endorsement to said title insurance policy insuring that Property is free of all mechanic ' s liens. h. Prior to Close of Escrow, Sellers shall obtain for the benefit of the Property and for the benefit of Buyer an ingress and egress easement at least fourteen (14 ) feet in width, the use of which shall be limited to maintenance and patrol vehicles of Buyer making no more than four ( 4) round trips per day, the center line of which easement shall be the center line of an existing road bed, the approximate location of which is shown on the 1984 U.S. Geological Survey Map (designated MR-5012 and commonly known as Allen Road running from the Property to Skyline Boulevard) , with the exception of that portion of this easement located on the Paul-J" n',"Reller property and commonly referred to as "the skid trail" and with the exception of the relocation of the road on the Weeks ' property. The approximate location of this maintenance and patrol road easement is depicted on Exhibit "E" hereto. Sellers shall also obtain a dismissal of all claims by all parties pertaining to title or right to possession of any aspect of the Property, including prescriptive easements, which are set forth in the litigation currently pending in San Mateo County Superior Court known as Dyer vs. Mills and Related Cross Actions,, Case Number 263093 prior to Close of Escrow. i. In the event Sellers are unable to remove disapproved exceptions in the preliminary title report ( i.e. exception number nine) before the time set forth for the Closing , or in the event Sellers are unable to obtain the maintenance and patrol vehicle 8 easement referred to above and the release of tile Property from the above described San Mateo County litigation, Buyer shall have the right either : ( i) to terminate the escrow provided for herein (after giving written notice to Sellers of Buyer 's intent to terminate the Escrow and affording Sellers at least thirty (30) days to satisfy the above stated requirements) in which event Escrow Holder and Seller shall, upon Buyer ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder; or ( ii ) to approve said disapproved title exceptions and, as applicable, to waive the requirement that Sellers provide the above described maintenance and patrol vehicle easement and dismissal of all claims pertaining to title or right to possession of any aspect of the Property, including prescriptive easements, which are set forth in the above described lawsuit and close the escrow and consummate the purchase of the Property subject to said exceptions, subject to said lawsuit and/or without the maintenance and patrol vehicle easement. However, if Buyer elects to purchase the Property subject to said lawsuit, Buyer agrees to obtain the Dismissal of Sellers from said lawsuit and to indemnify Sellers from any liability Sellers may be found to have to other parties to said lawsuit for claims set forth in said lawsuit. j . Escrow Holder shall , when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed from Sellers and the 9 attendant Certificate of Acceptance from Buyer to be recorded in the Office of ',.-.,he County Recorder of San Mateo County, California. Upon the Closing, Escrow Holder shall cause to be delivered to Buyer originals of the policy of title insurance required herein, and to Sellers the Escrow Holder ' s check for the Purchase Price ( less Sellers' portion of the expenses described in Section 3 ( f) ) , and to Buyer or Sellers, as the case may be, all other documents or instruments which, in accordance with the intentions of this Agreement, are to be delivered to them. In the event the escrow fails to close as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing .the same. 5. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and the escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder , except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of indemnity against any party whose fault may have caused such termination of escrow) , and each party expresssly reserves all other rights and remedies which it may have against any other party by reason of a wrongful termination of or failure to close the escrow. 6. Sellers' Warranties. a. Sellers warrant that this Agreement and all other 10 documents delivered by Sellers to Buyer now or at the Closing have been or will be duly executed and delivered by Sellers and are legal , valid and binding obligations of Sellers sufficient to convey fee title to Buyer, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Sellers are a party. b. Sellers warrant that title to Property shall be conveyed to Buyer at Closing free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights held by any third party, except for the permitted exceptions to title referred to in Section d (g) above. C. Other than the warranties set forth above, Sellers make no express or implied warranties whatsoever as to the condition of the Property, any improvements located on the Property, and any personal property ( such as equipment) which might be included in this sale. Buyer agrees that Buyer has had ample opportunity to inspect the property prior to executing this agreement and agrees to accept the property in its present "as is" condition, except as may be otherwise specifically set forth herein. 7. Buyer's Warranties. Buyer warrants that this Agreement and all other documents delivered by Buyer to Sellers now or at the closing have been or will be duly executed and delivered by Buyer and are legal , valid and binding obligations of Buyer sufficient to bind Buyer to the terms of this Agreement and are enforceable in accordance with their respective terms and do not violate any provisions of any 11 • agreement to which Buyer is a party and are in full compliance with all procedural requirements of Buyer . 8 . Waiver of Statutory Compensation. Sellers understand 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 seg. Sellers acknowledge that it is familiar with the applicable federal and California laws. Sellers hereby waive all existing and future rights they may have to receive the fair market value of the Property under any applicable federal or California law•. 9 . Miscellaneous Provisions. 9. 01 . Choice cf 'Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the constructions of its terms and the interpretation of the rights and duties of the oarties. 9. 02 . Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder , the party Prevailing in such action or proceeding shall be entitled to . recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final. judgment. In the event of a settlement or final judgment in which neither party is awarded 12 all of the relies prayed for , the prevailing party as determined by the Court shall be entitled to recover from the other oarty reasonable expenses and attorneys ' fees. 9 . 03. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: ( i) extend the time for the performance of any of the obligations of the other party; ( ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; ( iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or ( iv) waive the fulfillment : t any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any aqreement on the part of any party for any such amendment, extension or waiver must be in writing, except as provided in paragraph 4 ( i) . 9. 04 . Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. �I 9 . 05 . Notices. All notices , consents, waivers or demands 13 of any kind which either party to this Agreement maybe required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows: Sellers: Calvin Y. Dyer and Dora F. Dyer 501 Forest Avenue, PH 3 Palo Alto, CA 94301 ( 415) 328-7491 Buyer : Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 (415) 949-5500 Attn: Herbert Grench, General Manager Service of any such communication made by mail shall be deemed complete on the date of actual delivery or return as shown by the addressor ' s registry or certification receipt. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 9. 06 . Disclaimer of Representations. Buyer and Sellers agree that, except as otherwise specifically provided herein, 14 neither Sellers, nor any of their employees, representatives, or agents have made any representations, warranties or agreements as to any :natters concerning the Property which are not contained in this Agreement, including, without limiting the generality of the foregoing , the condition of the improvements thereon, or the fitness of the Property or such improvements for any use intended by Buyer . Buyer agrees to purchase and Sellers agree to deliver the Property at the Closing in an "as is" condition without reliance by Buyer on any express or implied warranties of any kind. No patent or latent defects in the physical condition of the Property, whether or not now known or discovered, shall affect the rights of either party hereto. 9. 07. Severa~-4fity. If any of the provis ions of this s Agreement are he'd to be void or unenforceable by or as a result of a determinat on of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions. 9. 08. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original , and when executed , separately or together , shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 3 9 . 09 . Waiver . No waiver of any term, provision or 15 condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or I condition of this Agreement. 9. 10. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding betwen the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof; and it supersedes any and all prior correspondence , conversations, negotiations, agreements or understandings relating to the same subject matter . 9. 11. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 9 . 12. Survival of Covenants. Al l covenants of Buyer or Y Sellers which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by party either art to the other , sh all sh 1 survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 9 . 13. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 9. 14 . Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and 16 I __rform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions 4---scribed and contemplated under this Agreement. 9. 15. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be _ully effective and binding, to the extent permitted by law, on .he successors and permitted assigns of the parties hereto. 9.16. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of :.his Agreement, nor as evidence of the intention of the parties hereto. 9. 17. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular , and the use of any gender shall include all other genders as appropriate. 9. 18 . Broker ' s Commission. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder , licensed or otherwise , claiming through, under or by reason of the conduct of the indemnifying party in connection •.rith this .transaction. 10. Acceptance. Buyer shall have until June 20 , 1986 to accept and execute This Agreement and during said period this instrument shall constitute an irrevocable offer by Sellers to sell and convey the 17 Property to Buyer for the consideration and under the terms and condrevocable offer b Sellers. to sell and convey the Property to Buyer for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer the Buyer has paid _n' Sellers acknowledge receipt of the sum oL Ten Doll=rs ( $10 . 0C ) . Provided that tiis Agreement is accepted by Buyer , this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be e;: cuted by their duly authorized officers or trustees to be ef`�:tive as of the day and year first above written. MIDPENINSLLA _,;_,ANAL OPEN *CALVIN Y. DYER, Trustee SPACE DISTRICT , - =v3LiC DISTRICT (BUYER) AP OVE:: AS TO FORM: )) *DORA F. DYER, Trustee ANLEY N ON, District Counsel ACkPTED FOR RECOMMENDATION : L.. ' RATG BRITTON, SR/WA *Trustees Under the Calvin Land Acquisition Manager York Dyer and Dora Frances Dyer Revocable Trust dated APPROVED AND ACCEPTED: May 16 , 1984 MIDPENINSuLA REGIONAL OPEN SPACE DISTRICT, A PUBLIC By: ATTEST: By : DATE : District Clerk 18 nm Preliminary Report Fidelity National Title Insurance Company A Stock Company Order No. 146023 AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, FIDELITY NATIONAL TITLE INSURANCE COMPANYhereby reports 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 herein 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 Exhibit A attached. Copies of the Policy forms should be read. They are available from the office that issued this report. it This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies 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. FIDELITY NATIONAL TITLE INSURANCE COMPANY �r t President k a Attest Y•i j Secretary Cuuncersigned: Authorized S{t�nrture E,:�T••�1 r'r:iim^._ry Report Fidelit,_ ''rational Title Insuranc 'ompany 891 MarE .1 Street, Redwood City, ( 415 ) 368-3941 Escrow Otricer: Joan Pierce PRELIMINARY REPORT To: Your No. David J. Rude, Attorney at Law 1570 The Alameda, Suite 101 Our No. 146023 #180 San Jose, California 95126 Effective Date February 21, 1986 at 7:30 A.M. AMENDED The form of Policy or Policies of title insurance contemplated by this report is: ..XX— CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY—1973 SCHEDULE 8 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE OTHER: The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: CALVIN Y. DYER AND DORA F. DYER or their successor(s) , Trustee(s) under Revocable Trust Agreement dated May 16 , 1984 The land referred to in this Report is situated in the State of California, Unincorporated Area County of San Mateo ,and is described as follows: SEE ATTACHED DESCRIPTION PAGES At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said PY olic form would be as follows: SEE ATTACHED EXCEPTION PAGES Form. T P :c ! I I - Order No. 146023 Page 2 Description: All that certain realproperty situate in the Countyof San i Mateo, State of California, described as follows: I T � i PARCEL A. PARCELS 2, 3 and 4, as shown on that certain parcel map entitled "PARCEL MAP OF RESUBDIVISION OF A PORTION OF SECS. 26, 27, 34 & 35 , T6S, R4W, M.D.B.&M. , BEING PARCEL "A" , AS SHOWN IN VOLUME 29 P.M. , PG 12" , filed in the office of the Recorder of the County of San Mateo, State of California, on June 7, 1977 in Book 37 of Parcel Maps at page 15. PARCEL B: RIGHT OF WAY for ingress and egress described as follows A strip of lard of the uniform width of 50 feet extending from the Easterly bcan—Ja-y line of the Northwest 1/4 of Section 27 , T.6S. , R.4W. , M.L.B.&M. , Northwesterly to the Northerly boun- dary line of the south 1/2 of the Northwest 1/4 of said Section 27 and lying equally on each side of the line which begins at a point in the Easterly boundary line (marked by a fence now upon the ground) of the Northwest 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southeast corner of the Northwest 1/4 of said Section 27 bears South 0° 23 ' East 213 . 0 feet distant and runs thence North 560 02-1/2' West 184 .6 feet; thence North 580 12--1/2 ' West 273 .2 feet; thence North 720 17' West 135. 5 feet; thence North 520 29 ' West 53 .8 feet; thence North 340 43-1/2' West 102.5 feet; thence North 420 14-1/2 ' West 230 . 4 feet; thence North 25° 29-1/2' West 89 .5 feet ; thence North 8° 05 ' West 89.2 feet; thence North 20 43-1/2' East 130 .0 feet; thence North 7° 24 ' West 66 .6 feet; thence North 19° 16 ' West 97 . 3 feet; thence North 370 14-1/2 ' West 70 . 2 feet; thence North 610 34 ' West 68 feet, more or less , to the Northerly boundary line of the South 1/2 of the Northwest 1/4 of said Section 27 . 1 I I I I I I l I I I I I I I Order No. 146023 Page 3 Description Continued: PARCEL C: RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 50 feet extending from the Westerly boundary of the North 1/2 of the Northwest 1/4 of Section 27 Southeasterly to the Southerly boundary of the North 1/2 of the Northwest 1/4 of Section 27, T.6S. , RAW. , M.D.B.&M. , and lying equally on each side of the centerline of an existing road now upon the ground; said centerline being at a point in the Southerly boundary line of the North 1/2 of the Northwest 1/4 of said Section 27 from which the Northwest corner of that certain parcel conveyed to Belle Sheridan Ballard and Beulah S. Radar and recorded in Book 1124 at Page 332, Official Records , bears Easterly, along the Southerly boundaryline of the North 1/2 of the Northwest 1/4 of said Section 27 97 �- °5 .�# fe et and runs thence North e o th 76 03 1 West• 53 .2 feet; thence North 780 10-1/21 West 99 .7 feet; thence North 740 31-1/2 ' West 70 .1 feet; thence North 860 15' West 186.0 feet; thence North 620 45 ' west 66 .1 feet; thence North 290 59 ' West 94 .0 feet; thence North 610 14-1/2' West 49 .7 feet; thence South 860 18-1/21 West 215 .3 feet; thence North 810 13-1 2' West 65 .0 feet; thence North 640 36-1/2 ' West 62.0 feet; thence North 580 51-1/2' West 130 .9 feet; thence North 66° 13 ' West 144 . 7 feet; thence South 770 13 ' West 95.1 feet; thence North ° 85 54 1/2 Wes,. 78 . 9 feet; thence North 7 ° '2 5� 9 West 1 14 .5 feet; thence North 560 44 ' West 80 .9 feet; thence North 47° 37 ' West 142. 2 feet; thence North 300 08-1/2' West 97 feet, more or less , to a point in the Westerly boundary line of said Section 27. PARCEL D: RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 60 feet extending from the Westerly boundary line of the Northeast 1/4 of Section 27 T. 6S. , R. 4W. , M.D.B.&M. , Southeasterly to the Southerly boun- dary line of the Northeast 1/4 of said Section 27 and lying equally on each side of the line which begins at a point in the Westerly boundary line (marked by a fence now upon the ground) of the Northeast 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southwest corner of the Northeast 1/4 of said Section 27 bears South 00 23 ' East 213 .0 feet distant and runs thence South 560 02-1/2' East 98.5 feet; thence South 680 32 ' East 52 .0 feet; thence South 89° 46 ' East 140 . 1 feet; thence South 85° 00-1/2 ' East 226 . 4 feet; thence South 850 00-1/2 ' East 226 .4 feet; thence South 530 37-1/2 ' East 53 .0 feet; thence South 31° 23-1/2 ' East 64 .7 feet; thence South 110 50-1/2 ' East 40 feet more or less, to the Southerly boundary line of the Northeast 1/4 of said Section 27 , I I C . L«er No. 146023 ✓a e 4 Description Continued: P RC. i, :: AN EASE!+'l.ENI'T' --Or ing- ess j eg-ess , an:. ,-�_; _y_ �y reef in width, the cente_, -ne of which shall be the centerline of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) . The land over which this easement runs is described as: All that land situa ted d e in the Coun ty ty San Mateo, State being Parcel 2 as shown onthatcertainmap entitled a"PARCEL a MAP. OF A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 IN T. 6S. , R. 4W. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA" , filed in the Office of the County Recorder of San Mateo County on November 14 , 1978 ,n Book 14 of Parcel Maps -at pages 23 and 24 , as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint tenancy, by Deed recorded August 25 , 1982 , under Recorder 's Serial No . 82072762 , Official Records. PARCEL F: A?N EASEMENT for ireress , egress , and utilities fifty (50) feet in width, the centerline of which shall be the centerline of an existing road bed the approximate location of which is shown on -he 1954 U .S. Geological Survey Map (designated MR-5012) , The .and over which this easement runs is described as: All that land situated in the County of San Mateo, State of California being Parcel 2 as shown on that certain map entitled "PARCEL "AP' OF A hSESUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 IN T. 6S. , R. 4W. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY CALIFO RNIA" , , filed in the of the County Recorder of San Mateo County on November 14 , 1978 �n Book 14 of Parcel Maps at pages 23 and 24 , as granted to .a_vin Y. Dyer and Dora F. Dyer , husband and wife , in joint tenancy , by Deed recorded August 27 , 1982 , under Recorder ' s Serial No. 82073811 Offi cial i i c a 1 Records .o ds 1 Order No. 146023 Page 5 Subject to: 1 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. ' 2. Easement for pole lines and incidental purposes , as granted to Pacific Gas and Electric Company, recorded April 17, 1944 in Book 1108 at Page 422, Official Records. AFFECTS PARCELS A AND B. 3. Easement for pole lines and incidental purposes, as granted to Pacific Gas and Electric Company and Pacific Telephone and Telegraph Company, recorded February 15 , 1946 in Book 1239 at Page 475 , Official Records. AFFECTS PARCELS A AND B. 4 . Easement affecting teat portion of premises and for the pur- poses herein and incidental purposes as created by the following instrument For Riding and hiking in Favor of The State of California Recorded December 6 , 1953 , in Book 2518 at Page 221, Official Records Affects Westerly 10 feet of said land 5 . Easement for pole lines and incidental purposes 50 feet wide, as granted to Pacific Gas and Electric Company, recorded May 19 , 1955 , in Book 2799 at Page 459 , Official Records. AFFECTS PARCELS A, B AND D. 6 . Easements for pole lines and incidental purposes 25 feet wide on each side of pole line easement shown as Exception No. 5 above, to Pacific Gas and Electric Company by Final Order of Condemnation , recorded November 29 , 1965 , in Book 5070 at Page 207 , Official Records . AFFECTS PARCELS A, B AND D. Order No. 146023 Page 6 4 7. Easement for underground wires and incidental purposes of unspecified width, granted to the Pacific Telephone and Telegraph Company, by Deed recorded October 23, 1974 , in Book 6721 at Page 639 , Official Records, located within the confines of that certain private road, commonly known as Allen Tower Road and Dyer Ranch Road. AFFECTS PARCELS A, B, C AND D. 8. Existing roads and proposed 50 foot wide easements as shown on the recorded parcel map. 9. The apparent lack of access to a public road because of a gap in the easements of record for Allen Road. 10 . Memorandum of Option Agreement b and between Y Calvin Y. Dyer � and Dora F. Dver and Rancho Del Cielo Associates, for exclusive right to purchase :.he herein described property, recorded April 15, 1982, under Recorder ' s Serial No. 82030168, Official Records . Memorandum of Third Extension of Option Agreement, recorded March 21 , 1985 , under Recorder ' s Serial No. 85025991 , Official Records . I Order No. 146023 Page 7 NOTE: General and special taxes for the fiscal year 1985-1986 , PAID IN FULL, as follows: Amount Currently Assessed (1 ) Ist. Installment: '$340 .06 2nd. Installment.: $340 .06 Code 070-010 County Account No. 075-330-060 Land $64,376 Improvements NONE Exemption NONE (2) 1st. Installment: $61 .16 2nd. Installment: $61 .16 Code 070-014 County Account No. 075-330-070 Land $10 ,421 Improvements NONE Exemption NONE (3) 1st. Installment: $373 .10 2nd. Installment: $373 .10 Code 070-014 County Account No. 075-330-080 Land $49 ,409 Improvements $29 ,070 Exemption $7,000H (4) lst. Installment: $97.71 2nd. Installment: $97.71 Code 070-010 County Account No. 075-330-090 Land `17 40$ 4 Improvements N ONF Exemption NONE (5 ) 1st. Installment: $178 .16 2nd. Installment: $178 .16 Code 070-014 County Account No. 078-250-040 Land $33,323 Improvements NONE Exemption NONE (6 ) 1st. Installment: $307 .73 2nd. Installment: $307 .73 Code 070-014 County Account No. 078-250-050 Land $58,687 Improvements NONE Exemption NONE The premises are assessed separately. Together with such additional amounts as may be assessed by reason of: A. Any final judgment that Article XIIIA of the California Constitution is invalid, unconstitutional or has been applied improperly; B. Improvements added after March 1 , 1975 ; C. Change of ownership subsequent to March 1 , 1975; D. Reappraisal of property values as of March 1 , 1975; i Order No. 146023 Page 8 NOTE: No conveyances or transfers of the property described herein appear of record for the period of 6 months prior to the date hereof , except as follows : None NOTE: MATTERS that a physical inspection of said land would disclose are not included in this report. NOTE: SHORT TERM RATE NOT APPLICABLE NOTE,: This order may have been opened by reference to street address only. The description in this report appears to cover the real property requested. Any reference to street address contained herein as well as the legal description should be verified by you. C`' i I I i EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973' SCHEDULE B This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reast'. the following: Part I 1. Taxes or assessments which are not shown as existing 7. Any law,ordinance or governmental regulation(including liens by the records of any taxing authority that levies taxes or but not limited to building and zoning ordinances)restricting or assessments on real property or by the public records. regulating or prohibiting the occupancy, use or enjoyment of Proceedings by a public agency whicn may result in taxes the land,or regulating the character,dimensions or location of or assessments, or notices of such proceedings,whether or any improvement now or hereafter erected on the land, or a not shown by the records of such agency or by the public prohibiting a separation in ownership or a reduction in the records. dimensions or area of the land,or the effect of any violation of 2 Any facts,rights,interests or claims which are not shown any such law,ordinance or governmental regulation. by the public records but which could be ascertained by an 8. Rights of eminent domain or governmental rights of police inspection of the land or by making inquiry of persons in power unless notice of the exercise of such rights appears in possession thereof. the public records. 3. Easements, liens or encumbrances, or claims thereof, 9. Defects, liens, encumbrances, adverse claims, or other which are not shown by the public records. matters (a) created, suffered, assumed or agreed to by the 4. Discrepancies,conflicts in boundry lines,shortage in area, insured claimant; (b)not shown by the public records and not encroachments, or any other facts which a correct survey otherwise excluded from coverage but known to the insured would disclose, and which are not shown by the'public claimant either at Date of Policy or at the date such claimant records. acquired an estate or interest insured bythis policy or acquired 5. (a)Unpatented mining claims; (b)reservations or except- the insured mortgage and not disclosed in writing by the ions in patents or in Acts authorizing the issuance thereof; (c) insured claimant to the Company prior to the date such insured water rights,claims or title to water. claimant became an insured hereunder; (c)resulting in no loss 6. Any right,title,interest,estate or easement inland beyond or damage to the insured claimant; (d) attaching or created the lines of the area specifically described or referred to in subsequent to Date of Policy;or(e)resulting in loss or damp Schedule A, or in abutting streets, roads, avenues, alleys, which would not have been sustained if the insured Clair lanes,ways or waterways,but nothing in this paragraph shall had been a purchaser or encumbrancer for value wit, modify or limit the extent to which the ordinary right of an knowledge. abutting owner for access to a physically open street or Kgh,way is insured by this policy. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental o mental rights of police power 9 9 p po a unless notice of the exercise of such rights appears in th e e public records i Pat Date of Policy. P Py 3. Defects,liens,encumbrances,adverse claims or other ma tters a cr eated,Bated suffered, ( e ed assumed or agreed} t ob Y the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Police(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is affor," herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of a„y subsequent owner of the indebtedness to comply with applicable"doing business'"laws of the state in which the land is situated. EXHIBIT A (Cont'd) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs, attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also taws and regulations concerning: land use improvements on the land land division I~ environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you,but not to us,on the Policy Date—unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item S of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A. or in streets, alleys, car waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. p I AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law,ordinance or governmental regulation. 2, Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. PCi. 16 -•�, YA,s.n, �"•"• �. 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N•111!' + tMMlq yan MAT•O GONIrfY GALL/L'pN1.,�•� .,/� w�`� •M•b'•1'a+ IS4•.le' •�,/bl �My,1�.1. f� t'Yftf 2 p• t M+nC1lS � n& Of M(U I)M A h t) Lr.seal t 1 U& i) 711f« plat IN for information only and tL not a nrrvey of the Innd, nor is it a part of the report or polity to which ! it may be awnchcd, I FIDELITY NATIONAL TITLE INSURANCE CO. - I 0SRiaLEFC' PXTSTINe7 S(')t4 EEITF* THIS LEASE is made and entered into as of the day of , 1986 , by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, (hereinafter called "Lessor" ) , and CALVIN Y. DYER and DORA F. DYER (hereinafter called "Lessees" ) . RECITALS A. Lessor is currently in the process of purchasing from Lessees approximately 250 acres of real property located in the County of San Mateo , State of California, and more particularly described as Parcels 2 , 3 , and 4 as designated on that certain parcel map entitled "Parcel Map of a Resubdivision of a Portion of Sections 26 , 27 , 34 , and 35, T6S, R4W, M.D.B. and M. , being Parcel "A" as shown in Volume 29 F.M. , Page 12" recorded June 7 , 1977 in Volume 37 of Parcel Maps, Pages 15 and 16, Official Records of San Mateo County, and more commonly known and hereinafter referred to as "The Dyer Ranch" . B. A condition of the sale of The Dyer y Ranch to Lessor by Lessees is that Lessees retain a ten ( 10 ) year lease on Lessees' residence and surrounding property, the boundaries of which are depicted on a copy of the above referenced parcel map as "Sellers ' Existing Homesite" , which copy of the parcel map containing such designation is attached hereto as Exhibit "A" and incorporated herein. The Dyers ' residence , together with a small 1 EXHIBIT Square outbuilding located adjacent thereto together with the ,water tank located nearby, all contained within the area tf r It heretr 4-.E- "See-111 - 1 Ex—tinc, Homes; "-" , together with one half of the downstairs and one half of the upstairs portion of the concrete block garage located approximately 200 feet southwest of '%-.he Dyer residence, are the subject of this lease andwill hereinafter be referred to as "the Premises" . C. Ingress to and egress from the premises is currently nermitted over Bear- Gulch Road and Allen Road ( referred to herein as "the Access Road" , as more particularly described and shown on Exhibit "B" attached hereto and incorporated herein by this reference) . D. Lessor desires to lease the Premises to Lessees and to grant a non-exclusive easement to Lessees to use the Access Road for ingress and egress on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and Conditions hereinafter set forth, the parties agree as follows: 1 . Lease of Premises and Grant of Easement. Lessor hereby , eases the Premises to Lessees and hereby grants to Lessees an easement on the Access Road solely for the use of the Premises and Lessees hereby lease the premises from Lessor and accept such easement, for the term and upon the conditions set forth herein. 2. Term. The term of this Lease shall commence on the date 2 of the Close of Escrow on the purchase of a portion of the Dyer Ranch by Lessor from Lessees, and shall, unless earlier terminated pursuant to the provisions nereoi , expire on One sooner of : ( i ) ten ( 10) years from the date of the Close of Escrow on the purchase of a portion of the Dyer Ranch by Lessor; ( ii ) the death of the last survivor of Lessees; or ( iii) at the option of Lessees, at any time upon written notice to Lessor . At the expiration or termination of this Lease, Lessees agree, if so requested by Lessor , to execute and deliver to Lessor a Quitclaim Deed reflecting the termination of Lessees ' interest under this Lease . 3 . Rent. TIne consideration for this Lease is primarily the sale of Parcel: 2 , 3 , and 4 of the Dyer Ranch to the Midpeninsula Regional Open Space District. However , as additional consideration, Lessees shall pay to Lessor the sum of One Hundred Dollars ( $100 ) per year , said sum to be paid by Lessees to Lessor each year in advance and within thirty ( 30) days of the anniversary of the commencement of this Lease. 4. Insurance. (a) Lessees shall , at Lessees ' sole cost and expense, obtain and keep in force at all times during the term of this Lease a policy of combined single limit, bodily injury and property damage insurance insuring Lessees and Lessor against the use and occu pancy b Les sees of the liability arising out of � Y Y oremises. Such insurance shall be a combined single limit policy 3 in an amount not less than Two million Dollars ( $2 ,000 ,000) and the policy shall contain cross liability endorsements. If Lessor Lessor ' s reasonable iudament , 1--hat the amount of liability insurance required hereunder is not adequate , Lessees shall increase said insurance coverage as reasonably required by Lessor; provided that, Lessees shall not be required to so increase the limits of coverage hereunder more .=requently than once every five (5) years. The failure of Lessor to require any additional insurance coverage shall not be deemed ::0 relieve Lessees from their indemnity obligations under this lease . Lessees shall deliver to Lessor on or prior to =cm.rnencement of the Lease term, and again upon any change in the ~overage, scope , or amount of any policy maintained pursuant to this Paragraph 4 , a certificate of insurance evidencing satisfaction of -iessees ' obligations pursuant to this Paragraph 4 . Each policy required pursuant to this Paragraph 4 shall contain an endorsement requiring thirty (30 ) days written notice from the insurance company to Lessor before cancellation or change in the coverage, scope, or limits of the policy. (b) Lessees shall obtain and maintain a policy of fire insurance insuring the residential improvements located on the Premises with limits of at least eighty percent ( 80%) of the replacement cost Of such improvements ; provided , however , that Lessees shall not be required to increase the limits of such coverage more often than every three ( 3 ) years. The proceeds of such policy of fire insurance shall be payable to Lessees and may retained by Lessees to the extent that Lessees repair any 4 damage upon which such proceeds were paid. Lessees shall not be obligated to so repair any such improvements, and Lessees' sole obligation in the event they choose not to so repair shall be to :,ay to Lessor that portion of such proceeds which is not so used. (c) Each policy of liability insurance required to be obtained by Lessees pursuant to this Paragraph 4 , and any other policies of fire and other casualty insurance respecting the premises which may be obtained by Lessees, shall contain a provision that the insurance company waives all right of recovery by way of subrogation against Lessor in connection with any damage or injury covered by such policy. Additionally all policies of liability, fire or other casualty insurance which may be obtained by Lessees covering the premises shall name Lessor as an additional insured, shall contain cross liability endorsements and shall contain a waiver by the insurance company of its rights of recovery by way of subrogation against Lessor . (d) Lessor shall have no obligation to insure Lessees' possessions located in or about the premises, and Lessees shall have no right to receive any proceeds from any casualty insurance carried by Lessor with respect to the premise,,,, or the Access Road . (e) Lessees ' obligation to provide insurance as set forth in Paragraphs 4 ( a) , (b) , (c) and (d) above shall be limited in terms of insurance premiums which Lessees must pay to obtain said insurance to a maximum of Two Thousand Dollars ($2,000 ) per year (plus a cost of living increase in the amount of five 5 'Dercent ( 5% ) per annum or the annual percentage increase in the onsumer Price Index, whichever is greater ) . In the event sa t i the above stated insurance ✓ requirenents with the stated allotment for insurance premiums, Lessees shall notify Lessor and give Lessor the opportunity to provide said insurance, in which case Lessees would pay the above stated insurance premium allotment to Lessor or to the insurance company selected by Lessor for the purchase of said insurance. 5. utilities. (a) Lessee shall pay the cost of any and all utilities and services supplied to the premises including but not limited to water , gas , electricity, garbage removal and telephone service. (b) Water to the premises is presently pumped from a pump located on the Dyer Ranch (outside of the premises) utilizing a water system which also supplies water to the foreman' s house, and the stable area on the Dyer Ranch ( the existing system is referred to herein as the "Water System" ) . Except as otherwise provided in this Paragraph 5, Lessees, at their own expense and so long as they desire to utilize the Water System for the purpose of supplying water to the premises, shall be responsible for operating and maintaining the Water System, including but not limited to pumps, pipelines, tanks and various appurtenant structures and equipment. For the purposes of maintaining and repairing the water System, Lessees shall have a right of access to those areas of the Dyer Ranch necessary for 6 l such activities provided that. Lessees shall consult and cooperate with Lessor with respect to such activities so as to protect the s.. =nf n W___'_ character of the area . Lessees shall have the right to utilize water from the Water System for household purposes , outdoor gardening , 'maintaining the swimming pool on the premises and other reasonable uses in connection with its lease of the premises. (c) Lessees agree, if requested by Lessor and so long as Lessees maintain and operate the Water System, to supply the reasonable water needs of Lessor with respect to the foreman' s house and for such other miscellaneous uses (which, in the aggregate , shall not place significant additional capacity burdens on the Water System) and agrees to cooperate with Lessor with respect to making water available for fire control and other emergency situations.„ ions. Lessor , at its cost, shall be responsible for establishing and maintaining such systems as necessary to connect to the Water System and transport such water to locations of its use. Lessor shall pay to Lessees for such water consumption at such service charge as Lessees may reasonably set from time to time, which may be a flat rate (based upon estimated monthly usage) or which may be based on actual metered usage , at either party' s option (meters to be installed at expense of such electing party) . Such service charge shall not exceed 125% of the rate charged by water districts in the surrounding area such as Skyline County Water district. Each s onsible for its own treatment of water , such a rt shal l be re , party P as chlorination. Lessees shall have the right to abandon the 7 _ ` t eater System (and shall be required to do so if requested by Lessor) at any time that a supply of potable water becomes available through the facilities of a mutual warer company oz a. pLt:lic utility water corporation and, at Lessor ' s expense if Lessor has requested abandonment, to connect to such water system in order to obtain a replacement supply of water to the Premises. (d) It is understood that Lessor may, if it so chooses, construct a new water system on the Dyer Ranch to meet its needs. In such event, if Lessor so requests Lessees at any time after the expiration of five ( 5) years from the date hereof, Lessees shall be required to terminate their use of the Water System conditioned upon Lessor agreeing to supply potable water E to the Premises :_^. sufficient quantity to meet the needs of Lessees. Lessee: s4na11 pay to Lessor for such water consumption at such service charge as Lessor may reasonably set from time to time, which may be a flat rate (based upon estimated monthly usage) or which may be based on actual metered usage, at either party' s option (meters to be installed at expense of such electing party) . Such service charge shall not exceed 125% of the rate charged by water districts in the surrounding area such as Skyline County Water District. All capital costs and ongoing ooeration and maintenance costs of such system shall be borne by Lessor , except to the extent of maintaining pipes or other auxiliary apparatus within the Premises, which costs shall be borne by Lessees. 8 ............... 6. Use. ( a) The residential structure presently located on the _ - e...=SeZ_ uses Gs fa?r._- - residence ana for no other purpose without Lessor ' s prior written consent. Lessees shall not commit or suffer to be committed any nuisance or waste in or upon the premises , and Lessees specifically agree not to cause or permit any hunting of animals in the immediate vicinity of the premises. Lessees shall have the right to cut live timber on the oremises in order to maintain views, cull and thin wooded areas and to obtain firewood for use in the residence located on the premises. Lessees shall not have the right to engage in timber harvesting or ccm:tercia1 sale of firewood and any extensive cutting or clearing activities shall require the prior written approval of Lessor . Lessees shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute , ordinance or governmental rule or regulation now in force or which may hereafter be promulgated . Lessees understand that Lessor will own the land adjacent to and surrounding the premises and that Lessor intends to authorize public use thereof (excluding the premises) for hiking and other recreational purposes. Lessees shall not oppose in any way any such uses of such adjacent lands, so long as such uses are not inconsistent with Lessees ' use and quiet enjoyment of the premises under the terms hereof. During the term of this Lease , Lessees shall have the right, to the same extent as the public , to utilize the other portions of the Dyer Ranch for recreational purposes and shall have pedestrian and equestrian 9 access to the remainder of the Dyer Ranch directly from the premises at such locations as Lessor may reasonably prescribe; provided Lessees shall bear the expense of installation of any fences and gates that may be required. (b) During the term of this Lease, the Lessees and the members of their family, employees and invitees shall be permitted to use the premises for activities . reasonably associated with and attendant to said parties' residential and recreational use of the premises. 7 . Maintenance and Repair. Lessees stipulate that Lessees have examined the premises and that the premises as of the date of this Lease are in good and safe condition, order , and repair . Lessees accent the premises in "as is" condition. Lessees shall, at Lessees' expense, maintain the premises and every part thereof , in good, safe and sanitary condition, order , and repair. 8 . Alterations, Additions and Improvements. (a) Except as otherwise provided hereinbelow, Lessees shall not make or suffer to be made any alterations, additions or improvements to the residential structure located on the premises , or any part thereof, or construct new structures on the Premises, including but not limited to construction of fencing around the premises, without the prior written consent of Lessor , which consent shall not be unreasonably withheld. (b) Any and all alterations, additions or improvements made to or on the Premises pursuant to this Paragraph 7 shall be 10 II installed or constructed in accordance with all applicable laws , regulations, codes, - and ordinances of lawful governmental all permits and approvals necessary therefor. In connection with the application for permits or approvals from governmental authorities necessary to make alterations, additions or improvements which are otherwise permissible under the terms of this Lease, Lessor , as the owner of the Dyer Ranch, agrees to cooperate and provide such assistance as may be reasonably requested by Lessees in order to obtain such permits and approvals. ( c) Prior to commencing construction or installation of any alteration, additions or improvements on or to the Premises, Lessees snail submit to Lessor plans and specifications therefor prepared by or on behalf of Lessees at Lessees' sole cost. In the event Lessor reasonably disapproves the same or any aspect thereof, Lessor shall notify Lessees of Lessor 's specific objections• thereto, and Lessees shall make such modifications to said plans and specifications as Lessor shall reasonably require. Upon Lessor ' s approval of said plans and specifications, Lessees may commence construction of said alterations, additions or improvements to which Lessor has consented , provided that Lessees shall thereafter diligently prosecute construction thereof until completion. (d) Lessees agree to perform all work in conjunction with construction permitted under this Lease in a good and workmanlike manner . All alterations, additions and improvements :jade during Cher term of this lease shall become the property of Lessor at the termination of ' this Lease without compensation therefor to Lessees. 8. Mechanics' Liens. Lessees shall keep the premises and ever art thereof free and clear of an and all 'Y P mechanics Y Materialmen' s, and other liens arising out of or in co nnection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any alteration, improvement, repair or addition which Lessees may make or cause to be made, or any other work or construction, by, for, or permitted y Lessees on or about the premises. Lessees shall at all times promptly and fully pay and discharge any and all claims on which any such lien may or could be based, and shall indemnify Lesser against all such liens and claims of liens and suits or other proceedings pertaining thereto. Lessees shall rive Lessor written notice no less than twenty (20 ) days in advance of the commencement of any construction, alteration, addition, improvement, or repair reasonably estimated to cost in excess of Five Thousand Dollars ( $5, 000 ) in order that Lessor may post appropriate notices of Lessor ' s nonresponsibility. 9. waiver of Claims. Lessor shall not be liable to Lessees, and Lessees hereby waive any claims against Lessor for any injury or death to any person or damage to any property in, on, or about the premises by or from any cause whatsoever , excepting only injury or damage caused by the negligent acts of 12 Lessor or its officers, agents, representatives or employees. 10. Hold Harmless. Each party shall defend and indemnify the other party against and hold the other party narmless from an%* ane all claims cif liability for any injury or death td any person or damage to property occurring in, on, or about the premises when such injury, death, or damage shall be caused by the act, neglect, or fault of the indemnifying party, or by any person on the premises with the express or implied consent of the indemnifying party, or which shall otherwise result from the use C.L. the premises or the Access Road by the indemnifying party or anll- person thereon with the express or implied consent of the indemnifying party. Lessees shall indemnify Lessor for all liabilities whic cerise from the failure of Lessees to keep the Premises in good condition and repair . Lessees' obligation under this Paragraph 10 to indemnify Lessor and hold Lessor harmless shall be limited to the sum that exceeds the amount of insurance =roc.eeds, if any, received by or paid on behalf of lessor pursuant to Paragraph 4 (a) above. 11. Assignment and Subletting. Lessees may sublet the :remises or any interest therein to members of the Dyer family or o a bona fide caretaker upon the prior written notice to Lessor , provided each such sublessee agrees in writing that its use and =oSsession of any such portion of the premises shall be subject -:*0 each and every provision of this Lease, and that its sublease =h= Il terminate concurrently with the termination of this Lease -w-' -:hout any right of relocation as more particularly hereinafter 13 set forth in Paragraph 16. Any assignment or subletting to others without the prior written consent of Lessor (which consent may be withheld for any reason shall be void. A Y ) n ass ignment nment Y _ g or sutletting bN, operation of law shall be void. 12 . Damage to the Premises. (a) In the event any one or more of the residential or other structures on the premises is damaged or destroyed by any cause whatsoever , then with respect to each such residence or other structure so damaged or destroyed, Lessees shall have the right and option, brut no obligation, to repair or restore the damaged or destroyef residence or other structure at Lessees' sole cost. (b) Lessor shall not be required to repair or replace any property installed or maintained by Lessee in or about the premises, which property is injured or damaged by fire or other natural cause or by the act or negligence of Lessees or any other person, excepting only injury or damage caused by negligent acts of Lessor or its officers, agents, representatives or employees. Subject to the foregoing, Lessees hereby release Lessor from any responsibility for Lessees ' personal property, furnishings, or household goods. 13 . Eminent domain. In the event that all or any portion of the premises shall be taken in part or in whole by any proceeding in eminent domain initiated by a governmental or quasi-governmental entity other than Lessor , or shall be conveyed I I 14 I to avoid or compromise the same, this Lease shall immediately be terminated with respect to the portion of the premises so taken or con 7e_ye ' , a-C' Lessc z shell not be -ent :lea. tc a. proportionate ortionate share of any award which may be paid in connection with such taking. However , in the event Lessor exercises its power of eminent domain and takes any portion of the Premises, Lessees shall be entitled to a proportionate share (based upon fair market value of Lessees' remaining leasehold interest) of any award which may be paid in connection with such taking. 14 . Entry by Lessor. Lessor shall, at any and all reasonable times and on forty-eight ( 48 ) hours prior written notice, have the right to enter into and onto the premises to inspect the sane, and to post notices of non-responsibility. 15 . Default by Lessee. ( a) A failure by Lessees to observe and perform any material provision of this Lease to be observed or performed by Lessees shall constitute a default and breach of this lease. (b) In the event of any such default by Lessees, then in addition to any other remedies available to Lessor hereunder or at law or in equity, this Lease and all rights of Lessees hereunder shall be terminated upon Lessees ' failure to cure such default within thirty ( 30 ) days after written notice from Lessor. Upon such termination, Lessor may recover from Lessees all amounts necessary to compensate Lessor for all the detriment proximately caused by Lessees ' failure to perform Lessees' obligations under this Lease or which in the ordinary course of 15 ; ngs would be likely to result therefrom. Lessor shall also --ve the right, upon termination of this Lease, to reenter the _remises and remove all persons and their property from the =remises. Such =rcnerty may be removed and stored in a public ,.,7arehouse or elsewhere at the cost of and for the account of Lessees. (C) In addition to the remedies provided in this aragraph 15 or elsewhere in this Lease, in the event Lessees =_all fail to perform any obligation to be performed by lessees ..:.-der this Lease, or shall fail to pay any sum required to be =_= id by Lessees under this Lease, Lessor may, but shall not be :; ligated to, perform or pay the same or cause the same to be =erformed or paid, and Lessees shall promptly upon demand by essor therefor , reimburse to Lessor all costs reasonably incurred by Lessor in connection therewith, together with _interest on such sums at the rate of ten percent (10%) per annum the date incurred by Lessor until repaid in full by Lessees. 16. No Relocation Rights. Upon expiration or sooner -:-armination of this Lease, Lessees shall vacate the premises and remove all persons and their personal property therefrom and =--rrender possession of the premises to Lessor . Lessees, on -_half of Lessees and each person who may occupy or use the -=remises from time to time pursuant to the terms of this Lease, --reby specifically waive any and all rights to, and release essor from any and all claims for , relocation benefits and/or relocation payments pursuant to California Civil Code Section 16 I I - I I { 7200 et seq. , and any similar or successor statutes. Lessees s :all hold Lessor harmless from and indemnify Lessor against any and all liability, cost or expense suffered or incurred by Lessor a^c arising it connection with any such rights or claims made by anv other person. 17. Notices. All notices, demands , requests, approvals, or consents given hereunder by either party to the other, shall be zade in writing and shall be deemed sufficiently given and served upon the other party seven (7 ) business days after the ` nailing date if sent by first class mail, certified or registered, return receipt requested, postage prepaid, and addressed to the pa-roes as follows: Lessor: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Lessees : Calvin Y. and Dora F. Dyer 501 Forest Avenue, PH 3 Palo Alto , CA 94301 Cr :o such other address as either party may have furnished in writing to the other as a place for the service of notice. 18 . Waiver. Waiver by Lessor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. 19 . Attorneys' F-yes. If an action shall be instituted to 17 I I enf orce this Lease , the prevailing party shall be entitled to recover reasonable attorneys ' fees as fixed by a court of 20 . General. (a) This Lease contains all of the terms, covenants, and conditions agreed to by Lessor and it may not be modified o-rally 12 r y o in any manner other than by an agreement in writing signed by the parties to this Lease or their respective successors in interest. b If any term covenant ( ) condition or provision of -his lease is he'd by a court of competent jurisdiction to be invalid , void, or ;unenforceable, the remainder of the provisions h=reof shall remain in full force and effect and shall in no way e affected , impaired , or invalidated thereby. ( c) The terms of this Lease shall apply shall apply to and bind the heirs, successors, executors, administrators, subleases , and assigns of the parties. (d) The paragraph headings of this Lease are for convenience only and are not a party of this Lease and do not in amy way limit or amplify the terms and provisions of this Lease. (e) If Lessor sells or transfers all or any portion of �_::e premises during the term of -this Lease, then Lessor , upon consummation of such sale or transfer , shall be released from any _*ability thereafter accruing under this Lease for the c V2igations of Lessor hereunder , provided Lessor ' s successor in _��erest has assumed in writing , for the benefit of Lessees, the 18 obligations of Lessor. hereunder . ( f) This Lease shall be governed by and construed in -' a w-c off: the State --f C a= -- fc (g) The remedies provided to Lessor under this Lease in the event of a default by Lessee are not exclusive, but shall be cumulative, and shall be deemed to be in addition to any remedies now or later allowed by law. (h) Time is of the essence as to each and all of the provisions of this Lease. ( i) To the extent Lessee is comprised of more than one person, the obligations imposed on Lessee hereunder shall be joint and several . IN WITNESS WHEREOF, Lessor and Lessees have executed this Lease effective as of the day and year first above written. LESSOR: LESSEES: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALVIN Y. DYER By: DORA F. DYER APPROVED AND ACCEPTED: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT By: President, Board of Dirctors ATTEST: Clerk of the Board of Directors 19 4 M�« . ,,,,"r;l Lnrr»y 41 LAMPA At Lnfl1J! «I•'ri•i.• .r + �.� N a,'Ii// .y _ r•1r,,7' 0 I,'r•I.'_M r.,114, +r'a'.r I.•..,..) ' Y'I.1�lJi n1 �/ r ..I.A n.l ar.H.�`1u. - • Jn.11ult• In.+n/ w.n 1��.•r as9/4 rr1aA ..•••rtnm•')1G1. fYia.e,1(/11wtr) .) � r tnrlr�; r L. i ..I l.•r { Lra r)f 'A 1�•.', lJ t rl ff n•1 f,lfarf.l Y tlnr ►r.•r I—L.. 0--" l,�l' I11410 Ay.! '' S !/1f1r1u • r y. r J, ,►".+• • ( 91A_11 67 AL rtr,rl Isla 1101 0.11 l,t y Itrr/L 4", ( ? • .r . �T"' •1 " �/ fir,. �d t y�\ r ,•'N I ' i � •��r 1, • f .��:.t�,• U " �/�61�7 dF �EARING6 4 •IJ'( PARCEL. 7 , '•% I •� ,, �• I 1Mt brarn1 N/'/i w.'r. Mfrtrn fond l7s' .r, rw—►s �1.a+7 A•.L '���a�' !i r`•i i "'•ih { .au a•n, ►{ tty of .&I'm s/, Mm,,OA.V•r A ns << j +'� A •hfrm •+ Volvnt 4 ►►a•,Ii�e •1,woo f.Lfn /f00 wn •v` { '� 1 "•I"'r� I. /f 4e0nn / /Ile,/ll M 1 M mlr. rJ.)E fn>yl • a,r•• Lt' •M'u'••'a '�q•,,,'•- •o'w Hr..•... qa �•. .. 1' ., t•0 1 III.LI r•41 rrsl f,d N + t6;fit ' w.,I ,PARCEL• 3 t, a R• ,H'ti � .�N H•I•IA'M ,t•.rI. r'f.,M,f�,.'�•wnl 16 woo.N a'`7 (� m(Nis-01'W 1000)(N)1'04'W 470,0•) PARCEL 4 G" Q• L� (nn• tolri Iu's) fel t.. 0P.1►6, Ac.! f rp Q(sn•/c w u/ .) , t rCl o � ratisimilc of reeorde,, nap prepircd 61 V { a Qt (SA••Sa•w Igloo) r Firs. Calilcrnia Tit-13 fJ) 1 a \ N H Ar la•c n••.ta •cly 4./ to Q/ (14It,0a•W 710.01 Redricod Cily, Calif. PARCEL M A P t r„ it t \ ♦ w. � tU ,f rHi, Aj ' \` OF A RESUDDIYISPION OF A P02t10N OF W,-- F _ Vol rt la \� 2G,V,34 ,gr T&,S1 R4W, M.RD.4 M,1 1504( t q d p E MWE1.W, AS SWOWN IN VOLVMC 29 PM.,�+.t IrJ R•,1 h 1h 71 rnxA `U •►r f'' i000 N' t nN rq �i • S►h MATrO Gsu•,tt ,r CAI IrAt�•y a J••'• C fM'M'•j•/ Ir,I.I/' y,f •�. . (� •N/Cf =ell-t/Vaf,LJnrI r�6 t nF Mt tJdD1�I LFJ I.,,•/ ,.h',ISO frA oo yy � T7tfs 7nt to br itlrortnation only and b not a srlfvr• of In•,>r to tAw ii) � y r 1 the Innd,nor ill it a part or the report or policy to which It mny lie milnchcd. FIDELITY NATIONAL TITLE INSURANCE CO. .,.E � N _ o itIN r © O To q ' d ITv Ni;`r iBaL TITLE INSURANCE 'v W-L -AX STATE ^ T Y�5 "_-PENINSULA REGIONAL OPEN SPACE ?STRICT �75 DISTEL CIRCLE, SUITE D-1 _0S ALTOS, CA 94022 �- RECORDED MAIL TO M DPENINSULA REGIONAL OPEN ►� S?.4CE DISTRICT 375 DISTEL CIRCLE. SUITE D-1 j=• LOS ALTOS, CA 94022 RECORDERS USE ONLY 146023 NO. GRANT DEED Th_ undersigned grantor(s) declare(s) Do:ume^tary transfer tax is S ( ) Computed on full value of property conveyed, or ( ) Computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area ( ) City of Tax Parcel No. CALVIN Y. DYER AND DORA F. DYER, TRUSTEES UNDER THE CALVIN YORK DYER AND DORA FRANCES DYER REVOCABLE TRUST DATED ',1I=Y 16, 1984 1 A VALUABLE CONSIDERATION, HEREBY GRANT TO , MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT the real property in the County of SAN MATEO State of California, described as: P:.RCEL A: PARCELS 2, 3, AND 4 AS DESIGNATED ON THE PARCEL MAP RECORDED JUNE 7, 1977 IN VOLUME 37 OF PARCEL MAPS PAGES 15 AND 16, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA, THE COMPLETE LEGAL DESCRIPTION OF WHICH IS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. PARCEL B: AN EASE'NtENTFOR.THE BENEFIT OF PARCEL A ABOVE FOR INGRESS, EGRESS, AND UTILITIES FIFTY (50) FEET IN .;IDTH, THE CENTERLINE OF WHICH SHALL BE THE CENTERLINE OF THE EXISTING ROAD BED, THE APPROXIMATE LOCATION OF WHICH IS SHOWN ON THE 1954 U.S. GEOLOGICAL SURVEY MAP (DESIGNATED MR-5012) , A COPY OF A PORTION OF WHICH IS ATTACHED HERETO AS EXHIBIT "B" . THE LAND OVER WHICH THE EASEMENT RUNS IS PARCEL 1 AS DESIGNATED ON THE PARCEL MAP RECORDED JUNE 7 1977 IN VOLUME 37 F i 0 PARCEL MAPS PAGES 15 AND 16, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. Description: All that certain real property situate in the County of San Mateo, State of California, described as follows: PARCEL A: PARCELS 2 , 3 and 4,- as shown on that certain parcel map entitled "PARCEL MAP OF RESUBDIVISION OF A PORTION OF SECS. 26 , 27 , 34 & 35 , T6S, R4W, M.D.B.&M. , BEING PARCEL "A" , AS SHOWN IN VOLUME 29 P-M. , PG 12" , filed in the office of the Recorder of the County of San Mateo, State of California, on June 7, 1977 in Book 37 of Parcel Maps at page 15 . PARCEL B: RIGHT OF WAY for ingress and egress described as follows:* A strip of land of the uniform width of 50 feet extending from the Easterly boundary line of the Northwest 1/4 of Section 27 , T.6S. , RAW. , M.L.B.&M. , Northwesterly to the Northerly boun- dary line of the South 1/2 of the Northwest 1/4 of said Section 27 and lying equally on each side of the line which begins at a point in the .Easterly boundary line (marked by a fence now upon the ground) of the Northwest 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southeast corner of the northwest 1/4 of said Section 27 bears South 0* 23 ' East 213 . 0 feet distant and runs thence North 56° 02-1/2' West 184.6 feet; thence North 580 12-1/2 ' West 273.2 feet; thence North 72° 17 ' West 135.5 feet; thence North 52* 29 ' West 53.8 feet; thence North 34' 43-1/2' West 102.5 feet; thence North 420 14-1/2 ' West 230 . 4 feet; thence North 25* 29-1/2' West 89.5 feet; thence North 8' 05 ' West 89.2 feet; thence North 2° 43-1/2 ' East 130 .0 feet; thence North 7° 24 ' West 66.6 feet; thence North 19° 16 ' West 97.3 feet; thence North 37* 14-1/2' West 70 . 2 feet; thence North 61° 34 ' West 68 feet, more or less , to the Northerly boundary line of the South 1/2 of the Northwest 1/4 of said Section 27 . Description Continued: PARCEL C. RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 50 feet extending from -he Westerly boundary of the North 1/2 of the Northwest 1/4 . of Section 27 Southeasterly to the Southerly boundary of the North 1/2 of the Northwest 1/4 of Section 27, T. 6S. , RAW. , M.D.B.&M. , and lying equally on each side of the centerline of an existing road now upon the ground; said centerline being at a point in the Southerly boundary line of the North 1/2 of , the Northwest 1/4 of said Section 27 from which the Northwest corner of that certain parcel conveyed to Belle Sheridan Ballard and Beulah S. Radar and recorded in Book 1124 at Page 332 , Official Records , bears Easterly, along the Southerly boundary line of the North 1/2 of the Northwest 1/4 of said Section 27 , 975 .0 feet and runs thence North 760 03 ' West- 53 . 2 feet; thence North 780 10-1/2 ' West 99 . 7 feet; thence North 740 31-1/2 ' West 70 .1 feet; thence North 86° 15 ' West 186 .0 feet; thence North 62° 45 ' West 66 .1 feet; thence North 29° 59 ' West 94 . 0 feet; thence North 61° 14-1/2 ' West 49 .7 feet; thence South 86° 18-1/2 ' WeVt 215 .3 feet; thence North 810 13-1/2' 'r West 65 .0 feet; these North 64° 36-1/2 ' West 62 .0 feet; thence North 58° 51-1/2 ' West 130 . 9 feet; thence North 660 13 ' West 144 .7 feet; thence South 77° 13 ' West 95 .1 feet; thence North 850 54-1/2 ' Kest 78 . 9 feet; thence North 720 59 ' West 141 .5 feet; thence North 56° 44 ' West 80 . 9 feet; thence North 470 37 ' West 142. 2 feet; thence North 30° 08-1/2 ' West 97 feet, more or less, to a point in the Westerly boundary line of said Section 27 ; PF%RCEL D: RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 60 feet extending from -he Westerly boundary line of the Northeast 1/4 of Section 27 T. 6S. , R. 41q. , M.D.B.&M. , Southeasterly to the Southerly boun- dary line of the Northeast 1/4 of said Section 27 and lying equally on each side of the line which begins at a point in the Westerly boundary line (marked by a fence now upon the ground) of the Northeast 1/4 of said Section 27 froin which the 4 inch by 4 inch fence post marking the Southwest corner of the 'northeast 1/4 of said Section �/ 27 bears East 213 . 0 Zee'" distant and runs thence South 56 ° 02-1/2 ' East 98 .5 feet; :.:_nce South 68° 32 ' East 52 . 0 feet; thence South 890 46 ' East 140 . 1 feet; thence South 85° 00-1/2 ' East 226 .4 feet; thence South 850 00-1/2 ' East 226 . 4 feet; thence South 53° 37-1/2 ' East 53 . 0 feet; thence South 31 ° 23-1/2 ' East 64 . 7 feet; thence Sc;ath 110 50-1/2 ' East 40 feet more or less , to the Southerly boundary line of the Northeast 1/4 of said Section 27. 1 i Des`rip:ion Continued: 'PARCEL E. AN EASEMENT for ingress , egress , and utilities fifty (50 ) feet in width, the centerline of which shall be the centerline of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5D12) . The land over which this. easement runs is described as: All that land situated in the County of San Mateo, .State of California being Parcel 2 as shown on that certain map entitled "PARCEL M.? OF A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 IN T. 6S. , RAW. , M.D.B . AND M. , ALSO BEING A PORTION OF LANDS =.✓SCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 62=1-OR-406 , SAN MATEO COUNTY, CALIFORNIA" , filed in the Office c_f the County Recorder of San Mateo Count November 3 r Y on 4 19 78 `n Book 14 of Parcel Maps -at pages 23 and 24 , as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint tr-:ancy, by Deed recorded August 25 , 1982, under Recorder ''s Serial No. 820727624, Official Records. PK_RCE L F: AN EFSEMENT Eor ingress , egress , and utilities fifty (50) feet in width,, the cen terline of which shall be the centerline of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) . The land over which this easement runs is described as: All that land situated in the County of San Mateo, State of California bang Parcel 2 as shown on that certain map entitled "PARCEL M A--P OF A RESUBDIVISION OF A PORTION OF SECTIONS 22 , 26 , AND 27 IN T. 6S. , R. 4W. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 SAN MATECALIFORNIA- ,r O COUNTY, CALIFORNIAfiled ��`�in the ,. ffi ce c the County Recorder of San Mateo County on November 14 , 1978 in Book 14 of Parcel Maps at pages 23 and 24 , as . granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint ta::ancy , by Deed recorded August 27 , 1982 , under Recorder ' s Serial No. 82073811 , Official Records . tP% 060 JPN 075-033-330-05 075-033-330-05 . 01 075-330-080 078-025-250-01 075-330-090 078-025-250-01 . 01 078-250-040 078-025-250-01 . 02 078-250-050 078-025-250-01 . 03 078-025-250-01 . 04 �,�1I � 16r '_` JIB � J �, � t � �a%��j�� ��S< ��� �� FIDF -Y NATIONAL TITLE INSURAr- COMPANY STRAIGHT NOTE S 500,000.00 REDWOOD CITY California. ltJBS TEN (10) YEARS after date, for value received. promise to pay toCALVIN Y. DYER AND DORA F . DYER, TRUSTEES UNDER THE CALVIN YORK AND FORA FRANCES DYER REVOCABLE TRUST DATED MAY 16, 1984 Z or order, at 531 Forest Avenue, PH 3, Palo Alto, CA 94301 me sum of FIVE HUNDRED `-OUSAND AND 00/100 DOLLARS. III with interest from until paid at the :ate of—_Seven (7 per cent per annum, payable IN TEN ANINIJAI INSTAI I MEETS rF TAX FREE ACCRUED INTEREST ON THE OUSTANDING BALANCE PAYABLE ON 7.Ar,H YEAR COMMENCING IN 1987. Principal and interest payable in lawful money of the United States of America. Should default be made in 7%,yrnenr of interest when due the whole sum of principal and interest shall become immediately due at the c:)tion or' the holder of this note. 1F action he instituted on this note I promise to pay such sum as the Court .:tar fix as Attorney's fees. 'T"is noe is secured by a Deed of Trust of even date herewith. lie entire principal balance shall be paid on or before 1986. �.11'1`.OR OBLIGATION: The of Maker to Lender hereunder is secured by the Jeeb of Trust as above 77:enticned and, Subject to the terms of said Deed of Trust, S!i --'4 obligation is ai-d S;­iall be junior and subordinate to the "Midpeninsula Regional Open Space -L71is-.rict 1932 Negotiable Promissory Notes" and the "Midai i�sjla Regional Open Space District 1985 Promissory Notes" and subsequent public nDte issues of the District. The Lien of the Deed of Trust shall not be junior and subordinate to the above referenced promissory notes. When paid,this note,it secured by Ceed of Trust,must be surrendered to Trustee for cancellation,before Reconveyance will be made. DO NOT DESTROY Q141RIT uuR,; F. DYER ^ 501 Forest Avenue, pH 3 Palo �, ltO, CA-1 943 07 - xwomwem RECORDED mAuro F�� --| / xonChO del Cielo Associates | ' Name C/o DaYid J. Rude �reo Adu,eaI571Q The Alaimn2da` Suite TO} ` C,`" m San Jose, [A 915126 | .. SPACE ABOVE THIS LINE FOR RECORDER'S USE ------ SHORT FORM DE�DOFTRUST AND ASSIGNMENT OFRENTS A.P.N. THIS DEED OF TRUST, made this day of 11986 between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT - herein called TRUSTOR, whoseaddressis 201 San Antonio Circle, Bldc. C, Ste. 135, Mountain View, CA 94040 (number and street) (city) (state) (zip) Fidelity National Title Insurance Company, a corporation, herein called TRUSTEE,and CALVIN' Y- DYER r",%ND DORA F. DYER, TRUSTEES UNDER THE CALVIN YORK DYER AND DORA FRANCES DYER REVOCABLE TRUST DATED MAY 16, 1984 1 herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS,TRANSFERS AND ASSIGNS to TRUSTEE INTRUST,WITH POWER OF SALE, that property in SAN MATEO County,California,described as: SEE E I IT "A" ATTACHED HERETO AND INCORPORATED HEREIN WHICH SETS FORTH A COMPLETE LEGAL [";ESICRIPTION OF THE PRC�I-EPTY SUBJECT TO THIS DEED OF TRUST. JUNIOR OBLIGATION: The ob1 '-,,=�"on of Maker to Lender hereunder is secured by the Deed of Trust as above rentione-rt subject to the termis of said Deed of Trust, said oblication is and shall be and subordinate to the "Midpeninsula, Regional Open S,-Iac� District 1982 Ne- ssory Notes" and the "Midpeninsula Regional Open ~~.^` District 1985 . . "', .==°' y '.v^e= and s"vucquo/t pwu / `c note issues of the District. The Lien of th2 Deed of Trust Shall not be junior and subordinate to the rQfe[2r[�d promissory notes. TOGETHER vv|TH �ha ,enrs, issues aid Profits thereof, SUBJECT, HOWEVER,to the right,power and authority given to and conferred upon Beneficiary byparagraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose ofSecuring: 1. Performance of each agreement ofT,usuo,incorporated bv reference ov contained herein. 2. Payment of the indebtedness ne promissory note of even date herewith,and any extension o,renewal thereof, in the principal sum of S executed by Trvsto, in favor of Beneficiary or order.3. Payment ofsuch further sumn as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced bV another note (or notes) reciting itiososecured. To Protect the Security ofThis Deed of Trust, l[ruatwr Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (1) to <14>. inclusive, ofthe fictitious deed of trust recorded in Sans Barbara County and Sonoma County October 18. 1961' and in all other counties October 23' 1QG1' |nthe book and mt the page of Off icia| Records in the office of the county recorder of the county where said property is |ocatmd, noted below opposite the name ofsuch county,viz.: � couwry aoox pAoe uoumry 000m pAos ooumry aoom pxoe ooumTY 000n PAGE � Alameda 435 e84 Kings 792 833 pmm,, 895 301 Sierra 29 3,15 Alpine 1 250 Lmx, 362 as p/vmas 151 s Sivx/v*o 468 iel xmaup, /n^ a*o Lassen 171 471 m,m,muv 000s 523 su/ann 1105 182 o"u, 11*5 } Los Angeles rnoss ueo ma*mmvrtu 4331 su Sonoma 1851 aae ua/avp=s 1*5 152 mo«o,m 810 170 ounae"/tv 271 383 uxunu/*u, 1715 456 ovlusa 296 617 wm,/o 1508 zzy San Bernardino e567 61 Sutter 572 297 Contra Costa oy7n «r mawpv� 77 292 San Francisco Aooz yos Texamo *ov 289 Del Norte � ra 414 Mendocino sre nao San Joaquin 2470 3/1 r"/mtv wn oss El Dorado 568 456 me,=ea 1547 eou San Luis Obispo 1151 12 r"/o,e 22e4 275 p,r""o 4626 572 mmmuc 184 8e1 San Mateo 4078 420 rvu/umnv 135 47 m/°"" «aa 184 mnnv 52 429 Santa Barbara 1878 Vsn Ventura 2062 386 | Humboldt e57 sur Monterey 21e4 son Santa Clara 5336 341 Ymp 653 o«s \ Imperial 1091 501 Napa 639 oe Santa Cruz 1431 494 | Yvuo oow 486 ' Invv /47 ssn | Nevada nus 000 | oho,m nmv 528 | Kern3*27 so / o,aoo^ sea9s1� | own Diego so,/es oauvk 19*1'panu 183887 (which provisions, identical in all countips, are printed on the ro,e,e hereof) hereby are adopted and incorporated herein and � made a part hereof as fv||v as though et forth herein at length; that he will observe and perform said provisions;and that the references to prope,ty, obligations, and parties in said provisions shall be construed to ,eiar to the property, ob{igadons, and parties set forth in this Deed of Trust. The undersigned T,ustor requests that copy of any Notice of Default and of any Notice uf Sale hereunder at his address »ereinbefo,e set forth. ry not certain yea_ property er r Y situat e in the County of San M ec , St-ate cf ,era i i 4 orn:a , des=r?bed as fa11ows , ' :AR^EL A: -.RCEL 140 ( 2 ) as shown on that certain parcel map entitled "PARCEL MAP OF RESUBDIVISION OF A PORTION OF SECS. 26 , 21 , 34 & 35 , T6S, R4W, M.D.B.&M. , 'BEING PARCEL "A" , AS SHOWN IN VOLUME 29 P.M. , PG 12" , filed in the office of the Recorder of the County of San Mateo, State of California, on June 7 , 1977 in Book 37 of Parcel Maps at page 15 . =-CEL B: -_GHT OF WAY for ingress and egress described as follows:* A strip of land of the uniform width of 50 feet extending from the Easterly be n==- 11ne of the Northwest 1/4 of Section 27 , 7 . 6S. , R. 4W. , M.D, _ . &V . , Northwesterly to the Northerly boun- fary line of the -u_h 1/2 of the Northwest 1/4 of said Section 27 and lying equal- on each side of the line which begins at a point in the "Fasterly boundary line (marked by a fence now upon = e ground) of the Northwest 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southeast corner cf the Northwest 1/4 of said Section 27 bears South 0° 23 ' East 213 . 0 feet distant and runs thence North 56 ° 02-1/2' West 184 .6 feet; thence North 580 12-1/2 ' West 273 . 2 feet; thence North 72` 17 ' West 135 . 5 feet; thence North 52* 29 ' West 53 . 8 feet; thence North 34° 43-1/2' West 102 . 5 feet; thence North 42° -1/2 ' West 230 . 4 feet; thence North 250 29-1/2 ' West 89.5 feet ; thence North 8° 05 ' West 89 . 2 feet ; thence North 2° 4 -1/2 ' East 130 . 0 feet; thence North 7` 24 ' West 66. 6 feet; North 19 ' 16 ' West 97 . 3 feet ; thence North 37° 14-1/2 ' + est 70 . 2 feet ; thence North 61 ° 34 ' West 68 feet , more or . ess , to the Northerly boundary line of the South _1/2 of the ';::_thwest 1/4 of said Section 27 . Order No. 146023 Page 3 Description Continued: PARCEL C: RIGHT OF WAY for ingress and egress described as follows : A strip of land of the uniform width of 50 feet extending from the Westerly boundary of the North 1/2 of the Northwest 1/4 of Section 27 Southeasterly to the Southerly boundary of the North 1/2 of the Northwest 1/4 of Section 27 , T. 6S. , RAW. , M.D.B.&M. , and lying equally on each side of the centerline of an existing road now upon the ground; said centerline being at a point in the Southerly boundary line of the North 1/2 of the Northwest 1/4 of said Section 27 from which the Northwest corner of that certain parcel conveyed to Belle Sheridan Ballard and Beulah S. Radar and recorded in Book 1124 at Page 332 , official Records , bears ars Easterly, along the Southerly boundary line of the North 1/2 of the Northwest 1/4 of said Section 27 , 975 .0 feet and runs thence North 76* 031 West. 53 . 2 feet; thence North 780 10-1/21 West 99 .7 feet; thence North 74* 31-1/21 West 70 .1 feet; 'thence North 86* 151 West 186 .0 feet; thence North 62* 4f7 West 66 .1 feet; thence North 290 591 West 94 . 0 feet; thence North 61* 14-1/21 West 49 .7 feet; thence South 860 18-1/21 West 215 .3 feet; thence North 810 13-1/21 West 65 . 0 feet; thence North 64* 36-1/21 West 62 .0 feet; thence North 58* 51-1/2 ' West 130 . 9 feet; thence North 66* 131 West 144 . 7 feet; thence South 77* 131 West 95 .1 feet; thence North 85* 54-1/21 Wes-- 78 . 9 feet; thence North 72* 591 West 141 .5 feet; thence North 56* 441 West 80 .9 feet; thence North 47* 371 A- West 142. 2 feet; thence North 300 08-1/21 West 97 feet, more or less , to a point in the Westerly boundary line of said Section 27 . III PARCEL D: RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 60 feet extending from the Westerly boundary line of the Northeast 1/4 of Section 27 T. 6S. , RAW. , M.D. B.&M. , Southeasterly to the Southerly boun- dary line of the Northeast 1/4 of said Section 27 and lying equally on each side of the line which begins at a point in the Westerly boundary line (marked by a fence now upon the ground) OZ the Northeasc 1/4 of said Section 27 from which the 4 inch by 4 in fence post marking the Southwest corner of the Northeast 1/4 of said Section 27 bears South 00 231 East 213 . 0 feet distant and runs thence South 560 02-1/21 East 98 . 5 feet ; thence South 680 32 ' East 52 .0 feet; thence South 890 461 East 140 . 1 feet; thence South 85* 00-1/21 East 226 . 4 feet ; thence South 850 00-1/21 East 226 .4 feet; thence South 530 37-1/21 7-ast 53 . 0 fee- ; thence South 310 23-1/2 East 64 . 7 feet; thence South 110 50-1/2 ' East 40 feet more or less , to the Southerly boundary line of the Northeast 1/4 of said Section 27 . Order No. 146023 Page 4 ascription Continued: 'ASE-"!ErT for 4 -=7ess , eg•ress , and in width , the centerline Of which shall be the centerline of an existing road bed the approximate location of which is shown on the 195112 U .S. Geological Survey Map (designated MR-5012) . The land over which this easement runs is described as: A-11 that land situated in the County of San Mateo, State of California being Parcel 2 as shown on that certain map entitled "PARCEL MAR OF A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 . IN T. 6S. , R. 4W. , M.D.B . AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA" , filed in the Office of the County Recorder of San Mateo County on November 14 , 1978 in Book 14 Of Parcel Maps -at pages 23 and 24 , as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife , in joint tenancy , by Deed -recorded August 25 , 1982 , under Recorder 's Serial No. 820727612 , Cfrficial Records . PARCEL ?: AN EASEMENT --;:Or ingress , egress , and utilities fifty (50) feet, in width , the centerline of which shall be the centerline of an existing road bed the approximate location of which is shown on the 11054 U .S. Geological Survey Map (designated MR-5012) . The land over which this easement runs is described as: All that land situated in the County of San Mateo, State of California being Parcel 2 as shown on that certain map entitled "PARCEL MAP' OF A RtSUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 IN T. 6S . , R. 4W. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA- , filed in the Office of the County Recorder of San Mateo County on November 14 , 1978 in Book 14 of Parcel Maps at pages 23 and 24 , as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife , in joint tenancy , by Deed recorded August 27 , 1982 , under Recorder ' s Serial 'No. 82073811 , Official Records . i AGREEMENT TO PURCHASE OPTION TO PURCHASE REAL PROPERTY BETWEEN RANCHO DEL CIELO ASSOCIATES, A CALIFORNIA PARTNERSHIP AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 AGREEMENT TO PURCHASE OPTION TO PURCHASE REAL PROPERTY This Agreement is made and entered into as of 1986 by and between RANCHO DEL CIELO ASSOCIATES, a California General Partnership ( "Seller" ) and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district ( "Buyer" ) . RECITALS A. Seller _.= the owner of an option to purchase certain real property ( "the Option" ) located in the County of San Mateo, State of California and more particularly described as Parcels 2, 3 and 4 as designated on that certain parcel map entitled "Parcel Map of a Resubdivision of a Portion of Sections 26, 27 , 34 , and 35 , T6S, R4W, M. D.B. and M. , being a portion of Parcel "A" as shown in Volume 29 P.M. , Page 12" , recorded June 7 , 1977 in Volume 37 of Parcel daps, Pages 15 and 16 , Official Records of San Mateo County, constituting a total of 250+ acres, together with all easements appurtenant thereto (hereafter referred to as "the Property" ) . A more complete legal description of the Property is contained in the Preliminary Title Report issued by Fidelity National Title Insurance Company, dated February 21, 198 "6 a con of which is labeled Exhibit A and� Y a is attached hereto and incorporated herein by this reference. Copies of the 2 i "Memorandum of Option" and extensions thereof which have been recorded with San Mateo County Recorder are attached hereto and incorporated herein as Exhibit "B" and refer to the Option which is the subject of this Agreement. Buyer hereby acknowledges receipt of a copy of the entire Option Agreement. B. The Property includes land which has natural beauty, open space and recreational value currently of interest to Buyer . C. Buyer was organized as a public district to acquire real and personal property for public park, recreation, conservation and open space purposes in the San Francisco Midpeninsula area. D. Seller de-sires to sell and Buyer desires to purchase the Option for the consideration and on the terms and conditions hereinafter vet forth. E. Concurrently with the purchase of the Option by Buyer , Buyer is also purchasing the Property which is the subject of the Option. Buyer ' s obligations hereunder are conditional upon the purchase by Buyer of the Property subject to the Option. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained , the parties hereto agree as follows: 1 . Purchase and Sale. Seller does hereby agree to sell to Buyer and Buyer hereby agrees to purchase from Seller the Option 3 as :ascribed herein upon the terms and conditions hereinafter set forts. 2 . Purchase Price. The total purchase price ( "Purchase Price" ) for the Option shall be Three Hundred Thousand Dollars ( $300, 000 ) , which shall be payable at the "Closing , " (as defined in Section 3 hereof) as follows: Buyer shall execute a promissory note payable to Seller ( in the form attached hereto as Exhibit "C" and incorporated herein by this reference) in the amount of the purchase price ($300,000) , and a First Deed of Trust securing said note ( in the form attached hereto as Exhibit "D" and incorporated herein by the reference) , which deed of trust shall be recorded against Parcel 4 of the Proyerty immediately following recording of the a grant deed by which Buyer acquires title to the property at the Close of Escrow. Said promissory note shall be payable in ten (10) annual principal installments of Thirty Thousand Dollars ($30,000 ) , or more , together with accrued , tax free interest at the rate of seven percent ( 7%) per annum on the unpaid balance and continuing until said principal and accrued interest are paid in full. Such annual payments are to be made on or before the anniversary date of the close of escrow, the first such payment to be made one year following close of escrow. The note shall provide that principal and accrued interest may be prepaid at any timze without penalty or premium. Buyer snail provide, at Buyer ' s expense, a Lender ' s Policy of Title Insurance insuring that this First Deed of Trust is in fact a First Deed of Trust. 4 j i 3 . Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at Fidelity National Title Insurance Company or other title company acceptable to Buyer and Seller ( "Escrow Holder" ) through which the purchase and sale of the Option shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed anf designated to act as escrow holder and is authorized and instructed to deliver, pursuant to the terms of this Agreement, the documents to be deposited into the escrow as herein provided , with the following terms and conditions to apply to said escrow: a. The time provided for the close of the escrow shall be on or before the expiration of ninety (90) days following execution of this Agreement by both Buyer and Seller; provided , however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when the Escrow Holder causes the ' First Oeed of Trust to be duly recorded in the Office of the County Recorder of San Mateo County. b. Seller and Buyer shall , during the escrow period , 5 execute any and all documents and perform any, and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing a fully executed Assignment of Option ( in the form attached hereto as Exhibit "E" ) , assigning all option rights of Seller in the Property to Buyer . Seller shall also deposit into the escrow on or before the Closing a fully executed and recordable Quitclaim Deed ( in the form attached hereto as Exhibit "F" ) for the purpose of clearing the record of any interest in the Property held by Seller. d. Buyer shall deposit into the escrow before the Closing the duly executed original of "the Note" ( Exhibit "C" ) and the duly executed and recordable original of the "First Deed of Trust" (Exhibit "E" ) . e. The Closing and Buyer ' s and Seller ' s obligations hereunder shall be additionally conditioned upon the close of the related escrow for the purchase of the Property by Buyer . f. Buyer shall pay the escrow fees, documentary transfer taxes, if any, and any and all customary recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between Buyer and Sellers in the manner customary in San Mateo County. g . Buyer shall cause Fidelity National Title Insurance D Com anv at 891 Marshall i ar hall Street Redwood 4. R od City, California 9406 , or other title company acceptable to Buyer and Seller , to be prepared and committed to deliver to Buyer a standard coverage 6 CLTA policy of title insurance, dated as of the Closing , insuring Seller ' s First Deed of Trust in the amount of Three Hundred Thousand Dollars ( $300 ,000 ) . h. Escrow Holder shall , when all required instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the First Deed of Trust from Buyer to be recorded in the Office of the County Recorder of San Mateo County, California. Upon the Closing, Escrow Holder shall cause to be delivered to Seller originals of the Note (Exhibit "C" ) and the policy of title insurance required herein, and to Buyer the Assignment of Option, and to Buyer or Seller , as the case may be, all other documents or instruments which, in accordance with the intentions of this Agreement, are to te delivered to them. In the event the escrow fails to close as p-rovided herein, Escrow Holder shall return all documents or other things of value deposited in the escrow to the party depositing the same. 4 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and the escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder , except as otherwise provided herein. Upon any such termination of escrow, all patties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges ( subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly 7 __serves all other rights and remedies which it may have against any other party by reason of a wrongful termination of or failure to close the escrow. 5. Miscellaneous Provisions. 5 . 01 . Choice c= Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validit y ty of this Agreement, the constructions of its terms and the interpretation of the rights and duties of the _barties . 5 . 02. Attorneys' Fees. If either party hereto incurs an y expanse, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default of alleged default of the other. party hereunder , the party Prevailing in such action or proceeding shall be entitled to reccver from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined y the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 5 . 03 . Amendment and Waiver . The parties hereto may by written agreement amend this Agreement in any respect. oarty hereto mav: ( i ) extend the time for the performance of of the obligations of the other party; ( ii ) waive any _n-ccuracies in representations and warranties made by the other 8 i sarzy contained in this Agreement or in any documents delivered p_,rsuant hereto; ( iii ) waive compliance by the other party with -=n*.r of the covenants contained in this Agreement or the performance of any obligations of the other party; or ( iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 5. 04. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to cumulative with and in addition to any other rights, powers an ' remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or par-vial exercise of any right, power or remedy shall neither Constitute the exclusive election thereof nor the Waiver of any other right, power or remedy available to such 5. 05. Notices. All notices , consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this ;1greement shall be in writing and may be delivered by personal service or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such =r:-=unications shall be addressed as follows : Seller : Rancho del Cielo Associates c/o David J. Rude 1570 The Alameda, Suite 101 San Jose , CA 95126 ( 408 ) 298-7900 9 I Buyer : mi.dpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 (415 ) 965-4717 Attn: Herbert Gren h c General Manager Service of any such communication made by mail shall be deemed complete on the date of actual delivery as shown by the addressee' s registry or certification receipt or at the expiration of the third ( 3rd ) business day after the date of mailing , whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to whit. such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice + given shall not satisfy the requirement of written notice as provided in this Section. 5. 06 . Disclaimer of Representations . Buyer and Seller agree that, except as otherwise specifically provided herein, neither Seller , or o n any of its employees, representatives, or agents have made e any representations, warranties or agreements as to an matters concerning the Pro Property whic h are not Y p y o contained in this Agreement, including, without limiting the generality of the foregoing, the condition of the improvements thereon, or the fitness of the Property or such improvements for any use intended 10 I by Buyer . Buyer agrees to pu.rchase and Seller agrees to deliver the Property at the Closing in an "as is" condition without reliance by Buyer on any express or implied warranties of any kind. No patent or latent defects in the physical condition of the Property, whether or not now known or discovered, shall affect the rights of either party hereto. 5. 07 . Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of- the remaining portions of this Agreement. The oarties further agree to replace such void or unenforceable provisions. 5. 08 . Counternarts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original , and when executed , separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed on and the same instrument. 5. 09. waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 5 . 10 . Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding betwen the parties hereto; it constitutes a complete and exclusive statement of the terns and conditions thereof; and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter . 5. 11. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 5 . 12. Survival of Covenants. All covenants of Buyer or Seller _r which c are express ly intended hereunder eund er to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other , shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assig:�s. 5 . 13. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 5.14. Further 'Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 5. 15. Bindingon Successors and Assigns. This Agreement g g and all of its terms, conditions and covenants are intended to be :.illy effective and binding, to the extent permitted by law, on successors and permitted assigns of the parties hereto . 12 i 5 . 16 . Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 5. 17 . Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural , and the plural shall include the singular , and the use of any gender shall include all other genders as appropriate. 5. 18 . Broker ' s Commission. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs , liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder , licensed or otherwise, claiming through, under or by -reason of the conduct of the indemnifying party in connection with this transaction. 6 . Acceptance. Buyer shall have until June 20 , 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 Option to Buyer for the consideration and under the terms and conditions herein set forth. As consideration for the tender 'of said offer the Buyer has paid and Seller acknowledges receipt of the sum of Ten Dollars ( $10 . 00 ) . Provided that this Agreement is accepted by Buyer , this Transaction shall close as soon as practicable in accordance with 13 i the ter-..is and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or trustees to be e"fective as of the day and year first above written. MIDPENINSULA REGIONAL OPEN RANCHO DEL CIELO SPACE DISTRICT, A PUBLIC ASSOCIATES, a California DISTRICT (BUYER) General Partnership, by: APPROVED AS TO FOR" : STANLEY NgRTOt4, District DAVID J. E Partner Couns I� ACC; PIED; FOR RECO MZZ.'-_>DATION : -�� VAuL W. OUG N artner L. CRAIG BRITTON , �A Land Acquisition Manager DOUGLAS H . MONSON, Partner APPROVED AND ACCEPTED: MIDP -INSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT (BUYER) ROBERT W. PARKHILL, Partner _ By: President , Board of Directors ATTEST: By: Clerk of the Board of Directors Date : 14 ' Preliminary Report Fidelity NWional Title Insurance Company A 5.__i Company Order No. 146023 AMENDED PRELIMINARY REPORT Ir, response to the application for a policy of title insurance referenced herein, FIDELITY NATIONAL TITLE iNSURANCE COMPANY hereby reports that it is prepared to issue,orcause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the es-ate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect,lien er encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Pc:icv forms. T e printed exceptions and exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies cf the Policy forms should be read. They are available from the office that issued this report. T^is report (a n;; any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofa Policy or Policies of title insurance and no liability is assumed hereby. If;t is desired that liability be assumed prior to the issuance ofa policyof title insurance,a Binder or Commitment should be requested. I r FIDELITY NATIONAL TITLE INSURANCE COMPANY „c s.14, By A:. L/ President a Attest r GG j~ Secretary it utonrr_rd Si�u�t�rr _. X{—� F �ff• jam¢ FidelP - National Title insurarr Company 891 Mai ail Street , Redwood City A ( 415 ) 368-3941 Escrow Officer : Joan Pierce PRELIMINARY REPORT To: Your No. David J. Rude, Attorney at Law 1570 The Alameda, Suite 101 Our No. 146023 18 � 0 San Jose, California 95126 Effective Date February 21, 1986 at 7:30 A.M. AMENDED The form of Policy or Policies of title insurance contemplated by this report is: XX CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY—1973 SCHEDULE R AMERICAN LANDTITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE OTHER: The estate or interest in the I'and hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: CALVIN Y. DYER AND DORA F. DYER or their successor (s) , Trustee ( s ) under Revocable Trust Agreement dated May 16, 1984 The land referred to in this Report is situated in the State of California, Unincorporated Area County of San Mateo ,and is described as follows: SEE ATTACHED DESCRIPTION PAGES At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: SEE ATTACHED EXCEPTION PAGES &r-n 7^:u r. .«�.yy.s+ram`. ... "'• .. ,' � '_ - . .. ... .. ..♦ �. .. I Order No. 146023 Page 2 Description: All that certain real property situate in the County of San Mateo, State of California, described as follows: PARCEL A: PARCELS 2, 3 and 4, as shown on that certain parcel map entitled "PARCEL MAP OF RESUBDIVISION OF A PORTION OF SECS. 26, 27 , 34 & 35 , T6S, R4W, M.D.B.&M. , BEING PARCEL "A" , AS SHOWN IN VOLUME 29 P.M. , PG 12" , filed in the office of the Recorder of the County of San Mateo, State of California, on June 7 , 1977 in Book 37 of Parcel Maps at page 15 . PARCEL B: .RIGHT OF WAY for w.ngress and egress described as follows:* A strip of land of the uniform width of 50 feet extending from the Easterly hoandars line of the Northwest 1/4 of Section 27 , T.6S. , R. 4W. , M.D.B.&M. , Northwesterly to the Northerly boun- dary line of the South 1/2 of the Northwest 1/4 of said Section 27 and lying equally on each side of the line which begins at a point in the Easterly boundary line (marked by a fence now upon the ground) of the Northwest 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southeast corner of the Northwest 1/4 of said Section 27 bears South 0' 23 ' East 213 .0 feet distant and runs thence North 56° 02-1/2' West 184 .6 feet; thence North 58° 12-1/2' West 273. 2 feet; thence North 72° 17 ' West 135 . 5 feet; thence North 52° 29 ' West 53.8 feet; thence North 34° 43-1/2' West 102.5 feet; thence North 420 14-1/2' West 230 . 4 feet; thence North 250 29-1/2' West 89.5 feet; thence North 8' 05 ' West 89.2 feet; thence North 20 43-1/2 ' East 130 .0 feet; thence North 7° 241 ,West 66. 6 feet- thence North 190 16 ' West 97. 3 feet; thence North 37° 14-1/2' West 70 . 2 feet; thence North 610 34 ' West 68 feet, more or less , to the Northerly boundary line of the South 1/2 of the Northwest 1/4 of said Section 27 . i t . Qr:er No. 146023 Pace 3 Description Continued: PARCEL C: RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 50 feet extending from the Westerly boundary of the North 1/2 of the Northwest 1/4 of Section 27 Southeasterly to the Southerly boundary of the North 1/2 of the Northwesi 1/4 of Section 27 , T. 6S. , R. 4W. , M.D.B.&M. , and lying equally on each side of the centerline of an existing road now upon the ground; said centerline being at a point in the Southerly boundary line of the North 1/2 of - the Northwest 1/4 of said Section 27 from which the Northwest corner of that certain parcel conveyed to Belle Sheridan Ballard and .Beulah S. Radar and recorded in Book 1124 at Page 332 , Official Records , bears Easterly, along the Southerly boundary line of the North 1/2 of the Northwest 1/4 of said Section 27 , 975 .0 feet and runs thence North 760 03 ' West- 53 . 2 fee` • thence North 78° 10-1/2 ' West 99 .7 feet; thence North 74° 31-1/2 ' West 70 .1 ,� �- • thence North 86° 15 ' West 186 .0 feet; thence North 620 45 ' West 66 .1 feet; thence North 29° 59 ' West 94 .0 feet; thence North 61° 14-1/2' West 49 .7 feet; thence South 86° 18-1/2 ' West 215 .3 feet; thence North 810 13-1/2 ' West 65 .0 feet; thence North 64° 36-1/2' West 62.0 feet; thence North 58° 51-1/2 ' West 130 . 9 feet; thence North 660 13 ' West 144.7 feet; thence South 77° 13 ' West 95 . 1 feet; thence North 85° 54-1/2 ' West 78 .9 feet; thence North 72° 59 ' West 141 .5 feet; thence North 560 44 ' West 80 . 9 feet; thence North 470 37 ' West 142. 2 feet; thence North 30° 08-1/2 ' West 97 feet, more or less , to a point in the Westerly boundary line of said Section 27. PARCEL D: RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 60 feet extending from the Westerly boundary Y line of th e Nort heast 1/4/ of Section 0 27 T S 4W. 6 . , R. . , M.D.B.&M. , Southeasterly to the Southerly boun- dary line of the Northeast 1/4 of said Section 27 and lying equally on each side of the line which begins at a point in the ;-,esterly boundary line (marked by a fence now upon the ground) of the Northeast 1/4 of said Section 27 from which the 4 inch by 4 inch fence postmarking the Southwest corner of the Northeast 1/4 of said Section 27 bears South 00 23 ' East 213 .0 feet distant and runs thence South 560 02-1/2 ' East 98.5 feet; thence South 68° 32 ' cast 52 .0 feet; thence South 890 46 ' East 140 . 1 feet; thence South 850 00-1/2 ' East 226 .4 feet; thence South 850 00-1/2 ' East 226 .4 feet; thence South 53 ° 37-1/2 ' East 53 . 0 feet; thence South 310 23-1/2 ' East 64 . 7 feet; thence South 110 50-1/2 ' East 40 feet more or less , to the Southerly -oundary line of the Northeast 1/4 of said Section 27 . Order No. 146023 Pac:e 4 Description Continued: PARCEL E: AN EASEMENT for ingress , egress , and utilities fifty (50) feet in width, the center-line of which shall be the centerline of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012 ) . The land over which this easement runs is described as: All that land situated in the County of San Mateo, State of California being Parcel 2 as shown on that certain map entitled "PARCEL MA.P OF A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 IN T. 6S. , RAW. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County on November 14 , 1978 in Book 14 of Parcel Maps -at pages 23 and 24 , as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint tenancy, by Deed recorded August 25 , 1982, under Recorder "s Serial No. 82072762, official Records . PARCEL F: AN EASEMENT for -Ingress , egress, and utilities fifty (50) feet in width , the centerline of which shall be the centerline of an existing road', bad the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) . The land over which this easement runs is described as: All that land situated in the County of San Mateo, State of California being Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26, AND 27 IN T. 6S. , RAW. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA- , filed in the Office of the County Recorder of San Mateo County on November 14 , 1978 in Book 14 of Parcel Maps at pages 23 and 24 , as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint tenancy, by Deed recorded August 27 , 1982 , under Recorder ' s Serial No. 82073811 , Official Records. AP N W ry-9 @ @. 0"Iv JPN 075-033-330-05 075-033-330-05 . 01 075-330-080 078-025-250-01 075-330-090 078-025-250-01 . 01 078-250-040 078-025-250-01 . 02 078-250-050 078-025-250-01 .03 078-025-250-01 . 04 • Order No. 146023 Page 5 Subject to: 1 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. ' 2. Easement for pole lines and incidental purposes, as 'granted to Pacific Gas and Electric Company, recorded April 17, 1944 in Book 1108 at Page 422 , Official Records. AFFECTS PARCELS A AND B. 3 . Easement fo r pole lines and incidental purposes, as granted to Pacific Gas and Electric Company and Pacific Telephone and Telegraph Company, recorded February 15 , 1946 in Book 1239 at Page 475 , Official. Records . AFFECTS PARCELS A f2x B. 4 . Easement affecting tAat portion of premises and for the pur- i poses herein and incidental. purposes as created by the following instrument For IRiding and hiking In Favor of The State of California Recorded December 6 , 1953 , in Book 2518 at Page 221, Official Records Affects Westerly 10 feet of said land 5. Easement for pole lines and incidental purposes 50 feet wide, as granted to Pacific Gas and Electric Company, recorded May 19 , 1955 , in Book 2799 at Page 459 , Official Records. AFFECTS PARCELS A, B AND D. 6 . Easements for pole lines and incidental purposes 25 feet wide on each side of pole line easement shown as Exception No. 5 above, to Pacific Gas and Electric Company by Final Order of Condemnation , recorded November 29 , 1965 , in Book 5070 at Page 207 Offic ial al Re cords .cords . AFFECTS PARCELS A, B AND D. Order No. 146023 Page 6 7 . Easement for underground wires and incidental purposes of unspecified width, granted to the Pacific Telephone and Telegraph Company, by Deed recorded -October 23 , 1974 , in Book 6721 at Page 639 , Official Records, located within the confines of that certain private road, commonly known as Allen Tower Road and Dyer Ranch Road. ' AFFECTS PARCELS A, B, C AND D. 9 . Existing roads and proposed 50 foot wide easements as shown on the recorded parcel map. P 9 . The apparent lack of access to a public road because of a gap in the easements of record for Allen Road. 10 . Memorandum of Option Agreement by and between Calvin Y. Dyer and Dora F. Dyer and Rancho Del Cielo Associates fo r x e c usi i 1 v e right to purchase a herein described property, recorded April 15 , 1982 , under Reccrderf s Serial e is 1 No 8 20301 68 Official Records . ' Memorandum of Third Extension of Option Agreement, recorded March 21, 1985 , under Recorder' s Serial No. 85025991, Official Records. Or e, No. I46023 Pace 7 NOTE : General and special taxes for the fiscal year 1985-1986 , PAID IN FULL, as follows: Amount Currently Assessed (1 ) lst . Installment: '$340 .06 2nd. Installment: 340$ .06 Code 070-010 County Account No. 075-330-060 Land $64 ,376 ' Improvements NONE Exemption . NONE ( 2 ) 1st. Installment: $61 .16 2nd. Installment: $61 .16 Code 070-014 County Account No. 075-330-070 Land $10 , 421 Improvements NONE Exemption NONE (3 ) lst. Installment: $373 .10 2nd. Installment: $373.10 Code 070-014 County Account No. 075-330-080 Land $49 ,409 improvements $29 ,070 Exemption $7,OOOH (4 ) lst. Installmen-: $97. 71 2nd. Installment: $97. 71 Code 070-010 County Account No. 075-330-090 Land $17,404 Improvements NONE Exemption NONE (5 ) lst. Installment: $178 .16 2nd. Installment: $178 .16 Code 070-014 County Account No. 078-250-040 Land $33 , 323 Improvements NONE Exemption NONE (6 ) 1st. Installment: $307 .73 2nd. Installment: $307 .73 Code 070-014 County Account No. 078-250-050 Land $58 ,687 Improvements NONE Exemption NONE The premises are assessed separately. Together with such additional amounts as may be assessed by reason of: A. Any final judgment that Article XIIIA of the California Constitution is invalid, unconstitutional or has been applied improperly; B. Improvements added after March 1 , 1975 • � . Change of ownership subsequent to March 1 , 1975 ; D. Reappraisal of property values as of March 1 , 1975 ; I Order No . 146023 Pace a ! No conveyances or transfers of the property described herein appear of record for the period of 6 months prior to the date hereof , except as follows: None NO=L: MATTERS that a physical inspection of said ,land would disclose are not included in this report. SHORT TERM RATE NOT APPLICABLE N1=?: This order may have been opened by reference to street address only. The description in this report appears to cover the real property requested. Any reference to street address contained herein as well as the legal description should be verified by you. C'_' I ( t I EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reason of the following: Fart I 1. Taxes or assessments which are not shown as existing 7. Any law,ordinance or governmental regulation(including i h f liens by the records o any taxing authority that levies taxes or but not limited to building and zoning ordinances)restricting or r assessments on real property or by the public records. regulating or prohibiting the occupancy, use or enjoyment of Proceedings by a public agency which;nay result in taxes the land,or regulating the character,dimensions or location of or assessments, or notices of such proceedings, whether or any improvement now or hereafter erected on the land , or not shown by the records of such agency-or by the public prohibiting a separation in ownership or a reduction in the records. dimensions or area of the land,or the effect of any violation of 2. Any facts,rights,interests or claims which are not shown any such law,ordinance or governmental regulation. by the public records but which could be ascertained by an 8. Rights of eminent domain or governmental rights of police inspection of the land or by making inquiry of persons in power unless notice of the exercise of such rights appears in possession thereof. the public records. 3. Easements, liens or encumbrances, or claims thereof, 9. Defects, liens, encumbrances, adverse claims, or other which are not shown by the public records. matters (a) created, suffered, assumed or agreed to by the 4. Discrepancies,conflicts in boundry lines,shortage in area, insured claimant; (b)not shown by the public records and not encroachments, or any other facts which a correct survey otherwise excluded from coverage but known to the insured would disclose, and which are not shown by the public claimant either at Date of Policy or at the date such claimant records. acquired an estate or interest insured by this policy or acquired 5. (a)Unpatented mining claims; (b)reservations or except- the insured mortgage and not disclosed in writing by the ions in patents or in Acts authorizing theissLancethereof; (c) insured claimant to the Company prior to the*date such insured water rights, claims or title to water. claimant became an insured hereunder; (c)resulting in no loss 6. Any right,title,interest,estate or easement inland beyond or damage to the insured claimant; (d) attaching or created he lines of the area specifically describec' or referred to in subsequent to Date of Policy;or(e)resulting in loss or damage ,chedule A, or in abutting streets, rca_ts, avenues, alleys, which would not have been sustained if the insured claimant lanes,ways or waterways,but nothing in mis paragraph shall had been a purchaser or encumbrancer for value without modify or limit the extent to which the ordinary right of an knowledge. abutting owner for access to a physically open street or highway is insured by this policy. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unle ss ess notice of h r f 9 the exercise o such rights 9 P p s appears in h 9 s the public records co sat Date of Policy. pp p o cy. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumedor agreed to b the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. I VOL, R;* 15 My 16 Lnrlo,; nP LAt•I03 0; ~•"11` ...:"�' - r..• MILL= • f)Nc:NES A1Lfl " 4 ' (aus.)• LEGEND }-• /+•t>fi w +!f•1+.' `•��.� w /1'ai a/•w 26I a.rya' • !1•+$'°•'w iD+A M' `r'4'r r(r.rn of�•.+t.4' W'I rI '°fa ; ms.I.• • .. +.� re.r.cnwt•�u• t••!•s(•rrnn _ (. 404"f," Calla/.)• Ind;„.fc. fond v!n ( Pa, .r nofad o'44 r L aog .�Yr.n'YMd f • J 't'- L;Ql9;;, t n.r retn:r.� kr t6•r .-�,:Cy. L,.fon �Y�..n if lr)j G,�'1:1!. •� .),,rr }, ,.•'^ti 111.970 A,.t v 7/ Z n j r a re 7 .ti zo i.„•r fj 1Ae.1 LT r%!. ( ) rturJ Jal6 I1111 o/ M4 III,°/ •at t i1" ti,• FF .tw'�r .:tt I �• • ,i,P.�'±' ,+(,a'e,✓ �� r.-:.���� ,,,;+'";'` C ' 13P516 OF �EAft:ING� /� AR Si L. C. (. (�/ A +�••rd !S. a,'•:�d� Thr leea-1 H o'Ji wow IYi N'c— fov'd 't' .an r.m.t�N Y •!t,l' , ); t 4;},1`.'C 't. I "` k,•••' nosh va1N y4 (Writ* °(••c.f.rn b1, fV,,c,.a,APlo$-A,in -ltrl r)i R I A ' •f'tFl l7.f317 t1/.i 1 { 4t' a 1.�� n ,• •tiown .n V°Iwr,C 4 l l e,IAae 07, wo• f.ktn a, No L,+wry • w, � °..*„� da ,.. L t �• ►hown tw ria* nur. r)•)f.)'F1551 I '•,•y •,,'';'' ,�,,, r..rt..a+..•etT•';r / .o an)5 i i a •';hy,r ,•�:P:r a too om,M1 .l `A n'« •' �.04 t r t)f III �.., • .`:' -"::W.P. � .yr t• • rr�''�.r Ib.83}Ac.t It d.c4 nX r 1"°sa) I • sa,`.'w •h�.a.•w 27 21, 4.�•i,tJ l M } - r,�`•. J l •'rs. L1 (N 311'S1'w 714 0') f n a•••7'4 t'• '."' cc, �.1 Q (ry)1•o4•W vloo) (rllr Ao+>,'w 70' ) t L Ad1):, t e �� I0A.tra Ac.! ttl ti; Al U' (s1z x'w asc.o) F7 iSimiiC Of re[o;d , sap prrpzrCd b/ )f V \• I'J pi (Sc+'fo'w .o+oo') �' t f•usi C,,.1'I.crr,Ia Tiik) Co. ;. �ea•a.u•c �a,.+x Rcd':rood Cit•!, Calif. Z +•'•` 1✓ •tj Q (51S•5f'w 744') PARCEL V A P r .01 pAonl rnt \' t DF A KESUE5DIV1510N of A PoQTfoN cF bt-x,...... tl11,4A 2L,27, 34 '��, T(GS, 9-4v[, M.D.f�,.Z M., AP%NiA PABGEL, "At, AS 5WOWH IN VoLUMf~ 29 PM.,t1a.'12 �•.e ie' I ofr..�!) O 6•n maeo La✓•.iY � :a�iri r•. s� f— "/y �'' � ♦✓''a) y t�..'f (.{ w/ Y�l«w..r fru/[f 2 0► L fu ST,�, et LAN r1 r)5 / l 4f !`�A UI5MA!,U lt< .t, wr �,-I'ti,•G•'PtA li r11 l'Lrs pl.il w (.., uiluun;.rl.u1 u..l) nn.f 1•, n.l v i. � ,.f Ilu Luul, n..r it, I .. I.ar( u( ll.r n;a.,t w I.uL.) l 1f 111"V I..•Ali.,.I'M IIIII I I I Y 14A11OWd I I I I I 11P:111%'ANC! I'It _ _ OF BY: DEL CIELO ASSOCIATES, �- Ca___ornia Partnership 1 AP;, I j IG 35 '0z et=E`I ?-CORDED , MAIL TO: DEL CIELO ASSOCIATES F, RVi :tR�ii. RtGur',3ER C/o Da:-_d J . Rude p� C0'IRTY 0S f _1 7 v �'j Alameda , Su i to _J? L�SRJJ San Jcse , CA 95126 MIFF ( -- MEMO?1T:DUM OF OPTION AGREEMENT ^':�` s Memorandum of Option Agreement is executed concurrently with th_t certain Option Agreement dated April Iq , 1982 between CALVIN Y. DYER ar:d DORA F. DYER, Optionors , and RANCHO DEL CIELO ASSOCIATES , a Ca:i=crnia Partnership, Optionee , relating to the following property: "_ that certain real property situated in the County of San X—azeo , State of California , described as follows: Parcels 1 , 2 , 3 , and 4 as designated on that certain parcel map j c:�i�led "Parcel Map O% a Resubdivision of a Portion of Sectlons 34 and 35 , TvS R4W, M.D. B. & M. , being Parcel "A" as shcwn in Volume 29 . �: Pg , 12" recorded June 7 , 1977 in Volume 37 0= Parcel M- P 15 and 16 offiial _ , c records of San Mateo CoL^tv, constituting tOtzl of 362 . 5+ acres. Cotionors here'ol- gran - to Optionee, RANCHO DEL CIELO ASSOCIATES , a Ca:_ =crn_a P a_tners lip, the exclusive right to purchase the above descr�beu oro�erty at a price , and under the terms and conditions described in detail in the Option Agreement. This Option shall expire on April ►� , 1983 , and unless exercised prior to said date , Optionee shall have no further interest in said property after that date . The above described Option Agreement provides that in the event the Ottion is exercised Optionors shall retain a leasehold interest in port cn of Parcel 2 ( as designated on the parcel map dated June 7 , 1977 more fully described above ) for a period of to- _ p n ( 10 ) ears r y Cb �o__ow�ng close of escrow. c c.; � c N OPTIONORS : j C; CALVIN Y. DYER v , 1 i � Xlr DORA F. DYER -�- S3O0S3S3 -r _'' ?QUESTED BY ZT REQUE57 pF � ELO AS A / ✓/ : CI � SOCI' TES , HC__ 1f—c n i a Partnership �1 H w L�'- =EOP.DED , MhI L TO LN JKH 2 42 '83 _ _ _ MF ( A �jr `�iCHD DEL CIELO A�SOC=..-_'.jS �'+'t�'�7: of Yt'W�:. .'�tL;.QRQEY c/o David J . Rude QS3' '"'=0 COUNTY _57C _:e A1amieda , Suite 1 1GFF,4�„ R�CJP�S San Jose , CA 9512.6 MEMOP.A?;DUw OF ENSION OF OPTION AGREEMENT Memorandum; of Extension of Option Agreement is executed coy:c::_re t1y with that -certain Extension of Option Agreement dated a 114 , 1983 between CALVIN Y. DYER and DORA F. DYER, Optionors , ant- R!_1,C:;0 DEL CIELO ASSOCIATES , a California Partnership, Ontionee , to the following property: - -a- certain certain real property situated in the County of San Marro , State of California, described as follows: _ a_c__s 1 , 2 , 3 , and 4 as designated on that certain parcel map �_ed "Parcel Man of z Resubdivision of a Portion of Sections I 20 , 2- , 34 and 35 , T6S R4W, M.D.B. & M. , being Parcel "A" as shown _n Volume 2 _ .M. , Pc 12" recorded June 7 , 1977 in Volume �7 cf ?arcel Ma i --ges 15 and 16 , official records of San Mateo Co;:r_tv, constitutinc a total of 362 . 5+ acres. CD__cnors :e�e`� �o Op tionee, RANCHO DEL CIELO ASSOCIATES , a C Ca_ ..: for _a Partners::_y_ ,^ exclusive right to purchase the above descr`tec property ar a price , and under the terms and conditions G. described in detail in the Extension of Option Agreement . This �x=enced Option shall expire on April 14 , 1984 , and unless exercised prior to said date , Optionee shall have no further interest in said property after that date . The above described Extension of Option Agreement provides that, in the event the Option is exercised , Optionors shall retain a leasehold in,=rest in portion of Parcel 2 ( as designated on the parcel map dated u-= 7 , 1977 more fully described 'above ) for a period of ten (10 ) years following close of escrow. OPTIONORS : CALVIN Y. DYFR DORA F . DYEER G RECORDING REQUESTED B : 4 Rt'.NC_�0 DEL C= = `.TES , -- ----- -' 0 .ASSc� A Cal _ forr_a P-artners Vtii.tTY RECOP�E� , MAIL TO RANCHo DEL C7_ELO '_.SSOc , A': 1089 C/o David J . RudeIf 70 The Alameda, Suite 201 n Jose, CA 95126 '•`EMOP.A2rTD77M O? SECOND EXTENSION OF OPTION AGREEMENT This Memorandum of Second Extension of Option Agreement is executed concurrently with that certain Second Extension of Option Agreement dated January j5 , . 1994 between CALVIN Y . DYER and DORA F. DYER, Optionors , a ?d R'UNC O DEL CIELO ASSOCIATES , a California Partnership, Optionee , relating to the following property: All that certain real property situated in the County of San Mateo , State of California, described as follows : Parcels 1 , 2 , 3 , and 4 as designated on that certain parcel reap enttided "Parcel Map of a Resubdivision of a Portion of Sections 26 , 27 , 34 and 35 , T6S , R4W, M.D.B. & M. , being Parcel "A" as shown in Volume 29 P . m . , Pg . 12" recorded June 7 , 2977 in Volume 37 of Parcel Maps Pages 15 and 16 , official records of San Mateo County , constituting a total of 362 . 5+ acres. .- Opti onors hereb•. c = _- 'o Cptionee, RA? CH0 DEL CIELO ASSOCIATES , a " liforni a Partnershi= the exclusive right g ,.o purchase the above described property -t =rice , and under the terms and conditions described dn-ta; in the� Sec ond Extension of Option Agreement. This Extended Option on April 14 , 198,5, and, unless exercised prior to said da:e , Cptionee shall have no further interest in said property after that date. The above described Second Extension of Option Agreement provides that, in the event the Option is exercised , Optionors shall retain a leasehold interest in a portion of Parcel 2 ( as designated on the parcel mar) dated June 7 , 2977 more fully described above) for a period of ten ( 10 ) years following close of escrow. OPTIONORS : CALVIN Y. DYER )/ DORP. F . DYER / _D=L CIELO ASS OCI' .ES , �a_ _ _crn:a .artnership =E`' _E'CO..D ED . ^IA I L TO. ORI, DOCt;hiE'HT REC0p7ED ,rDEL CiELO ASSOCIATES Ofic'` AS 110. 85025D � D_ :id J . Rude NOT=5 I :.he A1ameda , Suite 101. [THIS C0?YHAS C 6EE14 Miy?ARED ,, se , CA 95126- WITH THE ORIGINAL I)DWO+.cvi. • S2n Mateo County Recorder K_-_M0jRAN-DUM OF THIRD EXTENSION OF OPTION AGREEMENT _ is Memorandum of Third Extension of Option Agreement is exe- ..___,. concurrently with teat certain Third Extension of Option Agree-dated March , 1985 between CALVIN Y. DYER and DORA F. DYER, Cp=- oncrs , and RANCHO DEL CIELO ASSOCIATES , a California Partnership, icnee , relating to the following property : =11 that certain real property situated in the County of San a':ee, State of California described as follows: Parcels 1 , 2, 3 , and 4 as designated on that certain arcel reap entitled "Parcel Map of a Resubdivision of a Portion of Sections 26 , 27 , 34 and 35 , T6S, R41AT, M. D.B. & beir:c Parcel "A" as shown in Volume 29 P .M. , Pg . 12" recorded June 7 , 1977 in Volume 37 of Parcel Maps Pages 15 wd 16 , official records of San Mateo County, constituting a _ct_1 of 362 . 5+ acre=_ , together with all easements appurte nant t Preto. �ptionors hereby ;r=nt to Optionee , RANCHO DEL CIELO ASSOCIATES , a Californa Partnership , the exclusive right to purchase the above 7e=-r bed property at a price , and under the terms and conditions described _n detail in she Third Extension of Option Agreement. This _____d Extension of Opcicn shall expire on May 14 , 1986 , and , unless exerc_sed or extenced prior to said date, Optionee shall have no urther interest in said property after that date . =he above described Third Extension of Option Agreement provides th_t, in the event the Option is exercised , Optionors shall retain a e_sehoid interest in a portion of Parcel 2 ( as designated on the dated- June 7 , 1Q77 more fully described above) for a period of te; ( 10 ) years following close of escrow. OPTIONORS : * CALVIN Y . DYER * DORM F. DYER under the Calvin York Dyer and Dora Frances Dyer Revocable =tor Successors Trustees Revocable Trust Acreemment, dated _ 1964 . RECORDING REQUESTED DEL CIELO ASSOCIATES UIGNAL 00C' e..,h7 RECUCED '- i f 0 ornia Partnership 0� _�L �JIS 8_GI_ --'. 1 51 rr`3E.1 RECORDED, MAIL TO: 2 '• DEL CIELO ASSOCIATES TH'S COPY KIS NOT BEcN C0V7,,', D i • c/c David J. Rude WITH TPcr QP. !;NAL DOCUME NT. 1570 Tae Alameda, Suite i_0l Sin I-1te0 Cellnly Reccrd°r Sari 3--se, CA 95126 _ , MEMORANDUM OF FOURTH EXTENSION OF OPTION AGREEMENT Tais Memorandum of Fourth Extension of Option Agreement is executed conc::rrently with that certain Amendment and Fourth Extension of Option A;r?e ent dated May _.S_, 1986 between *CALVIN Y. DYER and *DORA F. DYER, Optionors, and RANCHO DEL CIELO ASSOCIATES, a California Partnership, Optionee, relating to the following property: All that certain real property situated in the County of San Mateo, Sate of California, described as follows: Parcels 1, 2, 3 , and 4 as designated on that certain parcel map entitled "Parcel Map of a Resubdivision of a Portion of Sections 26 , 27,• 34 and 35 , T6S, Row, M.D.B. & M. , being Parcel "A" as s:aown in Volume 29 P.M. , Pg. 12" recorded June 7 , 1977 in Volume 37 of Parcel Maps Pages 15 and 16, official records of San Mateo County, constituting a total of 362.5± acres, together with all easements appurtenant thereto. Gationors hereby grant to Optionee, RANCHO DEL CIELO ASSOCIATES, a Califcrnia Partnership, the exclusive right to purchase the above described Prc__r=y at a price, and under the terms and conditions described in detail is the Option Agreement executed April 14 , 1982 as amended and extended by tae above described "Amendment and Fourth Extension of Option Agreement" . Tais Fourth Extension of Option shall expire on November 14 , 1986 , and , ua_ess exercised or extended prior to said date, Optionee shall have no fsrtaer interest in said property after that date. The above described Fourth Extension of Option Agreement provides that, in the event the Option is exercised, Optionors shall retain a leasehold interest in a portion of Parcel 2 (as designated on the parcel mas dated June 7 , 1977 more fully described above) for a period of ten (10 ) Years following close of escrow. OPTIONORS: *CALVIN Y DYERS *DORA F. DYER ":..:s=ee under the Calvin York Dyer and Dora Frances Dyer Revocaole T=_s: or Successors Trustees Revocable Trust Agreement, dated May 16 , ly� A JPN 075-033-05 078-025-250-01 075-033-05 .01 078-025-250-01 . 01 078-025-250-01 . 02 078-025-250-01. 03 i 078-025-250-01. 04 FIDELITY NATIONAL TITLE INSURANCE COMPANY STRAIGHT NOTE I + I j - . .000.00 REDWOOD CITY Califurni,, py 86 TEN (10) YEARS • after date, for value rrrce•ived, i praise to pay to RANCHC DE CIELO ASSOCIATES, A GENERA_ PARTNERSHIP 1 or order, at c-o D 1ID J. RUDE, 1570 THE ALAMEDA, SUITE 101, SA, .;,,SE, CA 95125 1 . e surer Uf THREE HUNDRED THOUSAND AND 00/100 DOLLARS, 1 interest from until paid at the f i rite �f seven (7 0) per cent per annum, payable IN TEN ANNUAL EQUAL INSTALLMENTS R NCIPAL PLUS ACCRUED INTEREST ON THE OUTSTANDING BALANCE AS SET FORTH P7in:ip2l and interest payable in lawful money of the United States of America. Should default be made in of interest when due the whole sum of principal and interest &flll become immediately due at the o�:ica :;f the holder of this note. If action be instituted on this note I promise to ray such sum as the Court rr.ay nx as Attorney's fees. This note is secured by a Deed of Trust of el•cn date herewith. 1987: S_1 .000.00 , 1992: $40, 500.00 i 1993: $38 400.00 1988: $49,300.00 ' 1994:i $3E 300.00 15E5: 545,800.00 ' 1990: S44,700.00 1995: $34,200.00 1591: $42,600.00 1°9E: $32, 100.00 `-0 CB: IGATION: The obligation of Maker to Lender hereunder is secured by the Trust as above mentioned and, subject to the termis of said Deed of Trust, :biigation is and shall be junior and subordinate to the "Midpeninsula Re-g`c-al Open Space District 1982 Negotiable Promissory Notes" and the "Midpeninsula Rec=c^al Open Space District 1985 Promissory Notes" and subsequent public note i s-;e� :)f the District. The Lien of, the Deed of Trust shall not be junior and s_-Dr_inate to the above referenced promissory notes. Y:nen paid,this note•it secured oy Deed of Trust,must be surrendered to Trustee to,ca-ce-a:-cn da'ore Reconveyance wilt be made. DO NOT DESTROY 4 a-y r :•CVVI ILll+YV tI L U V C.3I CLi D t r AND V.'HEN RECORDED MAIL TO rancho del Cielo Associates 10e-e et c/o David ,;. Rude '.:dress 1,i 0 The . ,i a-eda. Suite 101 cv & San Jose, C 9512e SPACE ABOVE THIS LINE FOR RECORDER'S USE SHORT FORM DEED OF TRUST AND ASSIG"!MENT OF RENTS A.P.N. THIS DEED OF TRUST, made this day of 19 86 , between 11 IDPE1I1SuLA REGIONAL CP=N SPACE DISTRICT, A PUBLIC DISTRICT herein called TRUSTOR, v.hese address is 201 San Antonio Circle, Bldg. C, Ste. 135, '0ountain View, CA 94040 (number and street; (city) (state) (zip) Fidelity National Title Insurance Company, a corporation, herein called TRUSTEE,and RANCHO DEL CIELO ASSOCIATES, A Cal i forni a General Partnershi p , herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS,TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST,WITH POWER OF SALE, that property in S"INN MATEO County, California,described as: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN WHICH SETS FORTH A COMPLETE LEGn- DESCRIPTION OF THE PRO ERTY SUBJECT TO THIS DEED OF TRUST. 101\:OR 05 IGATION: The oblic at,ion of Maker to Lender hereunder is secured by the Deed of -rust as a_ove mentioned Z7t. subject to the terms of said Deed of Trust, said obligation is and shall be -:un-or and subordinate to the "I'lidpeninsula Regional Open Pace District 10,82 NecotiatIe Prol .issory Notes" and the "Ni dpeninsuIa Regional Open Space District 1985 Pronissory totes" and subsequent public note issues of the District. THe Lien, e= the Deed of Trust shall not be junior and subordinate to the i abQ;�'_rWrera,,rjced crcTmissor�y notes. I{ I vut I NtR 'AT I N the rents, issues ,.nd profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and con erred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith,and any extension or renewal thereof, in the principal sum of S 300,000.00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sur~s as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is so secured. To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara Co::nty and Sonoma County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Off;cial Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz.: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 684 Kings 792 833 Placer 895 301 Sierra 29 335 Alpine 1 250 Lake 362 39 Plumas 151 5 Siskiyou 468 181 Amador 104 348 Lassen 171 471 Riverside 3005 523 Solano 1105 182 Butte 1145 1 Los Angeles T2055 899 Sacramento 4331 62 Sonoma 1851 689 Cataveras 145 152 Madera 810 170 San Benito 271 383 Stanislaus 1715 456 colusa 296 617 Marin 1508 339 San Bemardino 5567 61 Sutter 572 297 Contra Costa 3978 47 Mariposa 77 292 San Francisco A332 905 Tehama 401 289 Del Norte 78 414 Mendocino 579 530 San Joaquin 2470 311 Trinity 93 366 El Dorado 568 456 Merced 1547 538 San Luis Obispo 1151 12 Tulare 2294 275 Fresno 4626 572 Modoc 184 851 San Mateo 4078 420 Tuolumne 135 47 Glenn 422 194 Mono 52 429 Santa Barbara 1878 860 Ventura 2062 386 Humboldt 657 527 Monterey 2194 538 Santa Clara 5336 341 Yolo 653 245 Imperial 1091 501 Napa 639 86 Santa Cruz 1431 494 Yuba 334 486 Inyo 147 598 I Nevada 305 320 Shasta 684 528 Kern 3427 60 Orange 5889 611 San Diego Series 2 Book 1961,Page 183887 ch provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and mace a part hereof as fully as though set forth herein at length; that he will observe and perform said provisions;and that the refe-e-ces to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and aa- es set forth in this Deed of Trust. -he undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at 7 s address hereinbefore set forth. 4.t�!,l D�d - ]] )J gYp 1j i L I ,�. Description: Ali the= certain real property situate in the County of San Mateo , Smote of California , described as follows : PARCEL A: PARCEL FOUR ( ; ) as shown on that certain parcel map entitled "PARRCEL MAP 0? RESUBDIVISION OF A PORTION OF SECS. 26 , 27 , 34 & 35 , T6S, R4W, M.D.B.&M. , BEING PARCEL "A" , AS SHOWN IN VOLUME 29 P-.M. , PG 12" , filed in the office of the Recorder of the County of San Mateo, State of California, on June 7 , . 1977 in Book 37 of Parcel Maps at page 15 . PARCEL B: RIGHT OF WAY for ingress and egress described as follows A strip of Ian-" ci she uniform width of 50 feet extending from the Easterly Scun _ry line of the Northwest 1/4 of Section 27 , T. 6S. , R. 4W. , .O,B , M�. , Northwesterly to the Northerly boun- dary line of the South 1/2 of the Northwest 1/4 of said Section 27 and lying e^ua'_?y on each side of the line which begins at a point in the =asterly boundary line (marked by a fence now upon the ground) of the Northwest 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southeast corner of the Northwest 1/4 of said Section 27 bears South 0° 23 ' East 213 . 0 feet distant and runs thence North 56 * 02-1/2' West 184 .6 feet; thence North 58 ° 12-1/2 ' West 273 . 2 feet; thence North 72" 17 ' West 135 . 5 feet; thence North 520 29 ' West 53 .8 feet; thence North 34° 43-1/2' West 102 . 5 feet; thence North 42° 14-1/2 ' West 230 . 4 feet; thence North 25' 29-1/2' West 89.5 feet ; thence North 8° 05 ' West 89 .2 feet; thence North 2` 43-1/2 ' East 130 . 0 feet; thence North 7' 24 ' West 66. 6 feet; thence North 19 ° 16 ' West 97 . 3 feet; thence North 37° 14-1/2 ' West 70 . 2 feet; thence North 61 ° 34 ' West 68 feet, more or less , to the Northerly boundary line of the South 1/2 of the Northwest 1/4 of said Section 2.7 . EXHIBIT �esc_ _p ion Continued: P'RCEL C. 7_GHT OF WAY for ingress and egress .described as follows : t strip of land of the uniform width of 50 feet extending from th= Westerly boundary of the North 1/2 of the Northwest 1/4 of Section 27 Southeasterly to the Southerly boundary of the North 1/2 of the Northwest 1/4 of Section 27 , T. 6S. , R. 4W. , M.D.B.&M. , and lying equally on each side of the centerline of an existing road now upon the ground; said centerline being at a ncint in the Southerly boundary line of the North 1/2 of- the Northwest 1/4 of said Section 27 from which the Northwest corner of that certain parcel conveyed to Belle Sheridan v+. , ard and Beulah S. Radar and recorded in Book 1124 at Page. 33 , Official Records , bears Easterly, along the Southerly `::-n nary line of the North 1/2 of the Northwest 1/4 of said Se=t'Lon 27 , 975 . 0 feet and runs thence worth 76° 03 ' West. 53 . 2 thence North 78° 10-1/2 ' West 99 . 7 feet; thence. North 74° 3l-l/2 ' West 70 .1 -feet; thence North 86° 15 ' West 186 . 0 feet; `hence North 62' 15 ' Ffiest 66 .1 feet; thence North 290 59 ' West S4 . 0 feet ; thence 610 14-1/2 ' West 49 . 7 feet; thence S^ fth 86' 18-1/2 ' vest 215 . 3 feet; thence North 810 13-1/2 ' West- 65 . 0 feet; thence North 64° 36-1/2 ' West 62 . 0 feet; thence North 580 51-1/2 ' West 130 . 9 feet; thence North 66° 13 ' West 14t . 7 feet; thence South 77° 13 ' West 95 .1 feet; thence North E5 ° 54-1/2 ' West 78 . 9 feet; thence North 720 59 ' West 141 .5 feet; thence North 56° 44 ' West 80 . 9 feet; thence North 470 37 ' ;pest 142. 2 feet; thence North 30' 08-1/2 ' West 97 feet, more or lass , to a point in the Westerly boundary line of said Section 27 . PA-CE.L D: R2yzC OF WAY for ingress and egress described as follows: =. strip of land of the uniform width of 60 feet extending from the Westerly boundary line of the Northeast 1/4 of Section 27 T. ;S. , R. 4W. , M. D. B.&M. , Southeasterly to the Southerly boun- line of the Northeast 1/4 of said Section 27 and lying _1 n_ o e_ y ach side of the in begins li ne e which b� .zns at a point i g n the ac a r P e e-st_.. ly boundary line (marked by a fence now upon the ground) c_` t1ne Northeast 1/4 of said Section 27 from which the 4 inch 4 inch fence post marking the Southwest corner of the ',cr,::heast 1/4 of said Section 27 bears South 0° 23 ' East 213 . 0 distant and runs thence South 56 ' 02-1/2 ' East 98 . 5 feet ; =..once South 680 32 ' East 52 .0 feet; thence South 890 46 ' East Feet; thence South 85° 00-1/2 ' East 226 . 4 feet; thence 850 00-1/2 ' East 226 . 4 feet; thence South 530 37-1/2 ' 53 . 0 feet ; thence South 310 23-1/2 ' mast 64 . 7 feet; thence ll ° 50-1/2 ' East 40 feet more or less , to the Southerly z: dary line of the Northeast 1/4 of sad Section 27 Continued: =? nSEMENT for ingress , egress , and utilities fifty (50 ) feet in width, the centerline of which shall be the centerline of an exs--ing road bed the approximate location of which is shown on he 1954 U .S. Geological Survey Map (designated MR-5012 ) . The 1 over which this. easement runs is described as : All that land' situated in the County of San Mateo, State of California being Parcel 2 as shown on that certain map entitled "PARCEL MA? OF A RESUBDIVISION OF A PORTION OF SECTIONS 22 , 26 , AND 27 =h T. 6S. , RAW. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA" , filed in the Office of the County Recorder of San Mateo County on November 14 , 1978 Book 14 of Parcel Maps -at pages 23 and 24 , as granted to Ca.,`: Y. Dyer and Dora F. Dyer , husband and wife , in joint te"=^cv , by Deed recorded August 25 , 1982 , under Recorder "s Se,_-1 No . 62072762 , Cff_cial Records AR_^=_.�r F: =ti v-.SEYKENT for ingress , egress , and utilities fifty (50) feet in width , the centerline of which shall be the centerline of an exi=t=ng read bed the approximate location of which is shown on the 1954 U .S. Geological Survey Map (designated MR-5012) . The la-d over which this easement runs is described as: All that land situated in the County of San Mateo, State of California :teeing Parcel 2 as shown on that certain reap entitled "PARCEL MA.? OF A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 IN T. 6S. , RAW. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA" , filed in the Office C.E. the County Recorder of San Mateo County on November 14 , 1978 in 'Book 14 of Parcel Maps at pages 23 and 24 , as .,granted to Ca:.in Y. Dyer and Dora F. Dyer , husband and wife , in joint Me::ancy , by Deed recorded August 27 , 1982, under Recorder ' s Ser:as No. 82073811 , Official Records . JPN 075-033-330-05 40 075-033-330-05 . 01 075-330-080 078-025-250-01 375-330-090 078-025-250-01 . 01 078-250-040 078-025-250-01 . 02 078-250-050 078-025-250-01 . 03 078-025-250-01 . 04 r RECORDING REQUESTED BY: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEN RECORDED, RETURIN TO: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 ASSIGNMENT OF OPTION TO PURCHASE REAL PROPERTY RANCHO DEL CIELO ASSOCIATES, A California General Partnership, for valuable consideration, receipt of which is hereby acknowledged , hereby transfers and assigns to MIDPENINSULA REGIONAL OPEN SPACE-_STRICT, A Public District all of the right, title and interes= :geld by RANCHO DEL CIELO ASSOCIATES in that certain "Option A_reement" executed April 14 , 1982 by and between Calvin Y. Dyer and Dora F. Dyer , Optionors, and Rancho Del Cielo Associates, A California Partnership, Optionees, the original of which Option Agreement is being delivered to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT concurrently with this Assignment of the Option. A "Memorandum of Option Agreement"n summarizing arizing the esse ntial terms of the Option Agreement was recorded in San Mateo County April 15, 1982 as document number 82030168 . On January 27 , 1983 a "Memorandum of Extension of Option Agreement" reflecting a one-year extension of the Option Agreement was recorded in San Mateo County as document number 83008383 . 1 E � - On April 17 , 1984 a "Memorandum of Second Extension of C)=:ion Agreement" reflecting a further one-year extension of the cc:ion was recorded in San Mateo County as document 84040589 . On March 21, 1985 a "Memorandum of Third Extension of Option Agreement" reflecting another extension of the Option Agreement was recorded in San Mateo County as document number 85025991 . On May -1986 a "Memorandum of Fourth Extension of Option Agreement" reflecting a further extension of the Option Agreement was recorded in San Mateo County as document.960:57 9-zi:. The above referenced Memorandum of the Option Agreement and extensions thereof all refer to the option which is the subject C X)- this assignment and RANCHO DEL CIELO ASSOCIATES intends to convey by this assignment all right, title and interest acquired in the property described in the Option Agreement and any extensions thereof to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT. Dated : 1986 RANCHO DEL CIELO ASSOCIATES, A California General Partnership By: DAVID J. RUDE, General Partner By: PAUL W. HOUGHTON , General Partner By: ROBERT W. PARKHILL, General Partner By: DOUGLAS H. MONSON, General Partner 2 F ECOI�D'NG REQUE-137ED BY Txv T.-, -LE, INS' ',CE MAIL T.AX SATE?.HNT'TO •.r ��;ID?E1i1'SUL RcGON 0?EN SPACr� re: RICT DISTEL CIRC_E , SUITE D-1 � Lars ALTOS, CA 9-022 �L �— )XIHEN RECORDED MAIL TO "� 1iIDPENINSULA REGIONAL OPEN SPACE ZZISTRICT - 375 DISTEL CIRCLE, SUITE D-1 Ott LOS ALTOS, CA 94022 ORDER NO. 146023 RECORDERS USE ONt.Y ESCROW NO. QUITCLAIM DEED DOCUMENTARY TRANSFER TAX$ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR COMPUTD ON FULL VALUE LESS LIENS & ENCUMBRANCES REMAINING THEREON AT TIME OF SALE. Unincorporated Arca Ctry of Tax Parcel No. FOR A VALUABLE CONST--F ii > KA"ECHO DEL CIELO ASSOCIATES, A California General Partnership HEREBY REMISE RELEASE AND FOREVER QUITCLAIM to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT the real property in the County of_SAN MATEO , State of California, described as: PARCELS 2, 3, AND 4 AS DESIGNATED ON THE PARCEL MAP RECORDED JUNE 1, 1977 IN VOLUME 37 OF PARCEL MAPS PAGES 15 AND 16, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNI , THE COMPLETE LEGAL DESCRIPTION OF WHICH IS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. THE PURPOSE OF THIS DEED IS TO EXTINGUISH ANY OPTION RIGHTS GRANTOR MAY HAVE IN THE PROPERTY DESCRIBED ABOVE. Dated: Ea � ttbi ! 1 Des Cript­ ion: All that certain real property situate in the County of San Mateo , State of California, described as follows: PARCEL A: PARCELS 2 , 3 and 4, .as shown on that certain parcel map entitled "PARCEL MAP OF RESQBDIVISION OF A PORTION OF SECS. 26, 27 , 34 & 35 , T6S, R12 M.D.B.&M. , BEING PARCEL "A" , AS SHOWN IN VOLUME 29 P.M. , PG 12" , filed in the office of the Recorder of the County of San Mateo, State of California, on June 7 , 10 7 in Book 37 of Parcel Maps at page 15 . PARCEL B: RIGHT OF WAY for ingress and egress described as follows:* A strip of land cf the uniform width of 50 feet extending from the Easterly undar line of the Northwest 1/4 of Section 27 , y T. 6S. , R. 4W. , M..D.B. & . , Northwesterly to the Northerly boun- dary line of the South 1/2 of the Northwest 1/4 of said Section 27 and lying e=ua-1:; on each side of the line which begins at a point in th- Easterly boundary line (marked by a fence now upon the ground) of the Northwest 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the. Southeast corner of' the northwest 1/4 of said Section 27 bears South 0° 23' East 213 .0 feet distant and runs thence North 560 02-1/22 West 184.6 feet; thence North 58° 12-1/2' West 273 .2 feet; thence North 720 17 ' •West 135 . 5 feet; thence North 52a 29 ' West 53.8 feet; f thence North 34 43-1/2 10 West 2.5 feet;et- thence North 42 14-1/2' West 230 .4 feet; thence North 25' 29-1/2 ' West 89.5 feet; thence North 8° 05 ' West 89 .2 feet; thence North 2° 43-1/2 ' East 130 .0 feet; thence North 70 24 ' West 66.6 feet; thence North 19° 16 ' West 97 . 3 feet; thence North 37' 14-1/2' West 70 . 2 feet; thence North 61° 34 ' West 68 feet, more or less , to the Northerly boundary line of the South 1/2 of the Northwest 1/4 of said Section 27. F {117f e' i t fi rs�_ �ption Continued: ?v?C.,L C_- R=:GET OF WAY for ingress aid egress described as follows: :, strip of land of the uniform width of 50 feet extending from the Westerly boundary of the North 1/2 of the Northwest 1/4 0£ Section 27 Southeasterly to the Southerly boundary of the North 1/2 of the Northwest' 1/4 of Section 27 , T. 6S. , R. 4W. , ?✓.D.B.&M. , and lying equally on each side of the centerline of an existing road now upon the ground; said centerline being at a point in the Southerly boundary line of the North 1/2 of --the Northwest 1/4 of said Section 27 from which the Northwest ccrner of that certain parcel conveyed to Belle Sheridan Ballard and Beulah S. Radar and recorded in Boos. 1124 at Page 332 , Official Records , bears Easterly, along the Southerly boundary line of the North 1/2 of the Northwest 1/4 of said Se;:tion 27 , 975 . 0 -feet and runs thence Forth 760 03 ' West• 53 . 2 =e=t; thence Ncrth 78 ' 10-1/2 ' West 99 . 7 feet; thence North 74 ° ?'_-1/2 ' West 70 .1 -feet; thence North 86° 15 ' West 186 .0 feet; thence North 620 45 ' nett 66 . 1 feet; thence North 29* 59 ' West 94 . 0 feet; thence North 610 14-1/2 ' West 49 .7 feet; thence South 86' 18-1/21 West 215 . 3 feet; thence North 810 13-1/2 ' West 65 . 0 feet; the::ce North 64° 36-1/2' West 62. 0 feet; thence North 58' 51-1/2 ' rest 130 . 9 feet; thence North 66° 13 ' West 14 . 7 feet; thence South 77° 13 ' West 95 . 1 feet; thence North 85 ° 54-1/2 ' west 78 . 9 feet; thence North 720 59 ' West 141 .5 -feet; thence North 560 441 West 80 . 9 feet; thence North 47° 37 ' West 142. 2 feet; thence North 30° 08-1/2 ' West 97 feet, more or less , to a point in the Westerly boundary line of said Section 27 . PARCEL D: R1GfiT OF WAY for ingress and egress described as follows: t strip of land of the uniform width of 60 feet extending from the Westerly boundary da lin e e of the Northeast Y ea t 1/4 of Section 27 T � . cS. RAW. , M D B &. �M. Southeasterly - � . , o heas�er_ to t _• ► y he Southerly boun ,- c� in ;1 e of the Nor�heast~Y 1/4 of sad Section 27 and lying eq-ally on each side of the line which begins at a point in the itiesterly boundary line (marked by a fence now upon the ground) c-f the Northeast 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southwest corner of the or theast 1/4 of said Section 27 bears South 00 23 ' East 213 . 0 ' fe=� distant and runs thence South 56 ° 02-1/2 ' East 98 . 5 feet ; _..an:.ce South 68 ' 32 ' East 52 . 0 feet; thence South 890 46 ' East * 4 " . ' feet ; thence South 85' 00-1/2 ' East 226 . 4 feet; thence 85 ° 00-1/2 ' East 226 . 4 feet ; thence South 530 37-1/2 ' 53 . 0 feet ; thence South 31° 23-1/2 ' East 64 . 7 feet ; thence _c-_�h 11 ° 50-1/2 ' East 40 feet more or less , to the Southerly _ndary line of the Northeast _1/4 __of said Ilk Descri=zd4on Continued: I; EASEMENT for ingress , egress , and utilities fifty (50 ) feet n Width, the centerline of which shall be the centerline of an existing road bed the approximate location of which is shown on e 1954 U . S. Geological- Survey Map (designated MR-5012) . The Land over which this easement runs is described as : All that land situated in the 'County of San Mateo, State of California baing Parcel 2 as shown on that certain map entitled "PARCEL OF A RESUBDIVISION OF A PORTION OF SECTIONS 22 , 26 , AND 27 , N T. 6S. , R. 4W. , M.D.B. AND,M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN' MATEO COUNTY, CALIFORNIA" , filed in the Office Of the County Recorder of San Mateo County on November 14 , 1978 ; n Book 14 of Par-el Maps -at pages 23 and 24 , as granted to zalvin Y. Dyer and D--ra- F. Dyer , husband and wife , in joint en= '-Y, by Deed recorded August 25 , 1982 , under Recorderl*s No . 82072762 , Official Records . F: EASEMENT for ingress , egress , and utilities fifty (50) feet n width, the centerline of which shall be the centerline of an ex-' sting road !:,.ed the approximate location of which is shown on ne 1954 U .S. Geological Survey Map (designated MR-5012) . The Land over which this easement runs is described as: All that and situated in the County of San Mateo , State of California !:)eing. Parcel 2 as shown on that certain map entitled "PARCEL OF A RESUBDIVISION OF A PORTION OF SECTIONS 22 , 26 , AND 27 _N 7% 6S. , R. 4W. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME E2.411-OR-406 , SAN MATEO COUNTY, CALIFORNIA- , filed in the Office cff the County Recorder of San Mateo County on November 14 , 1978 in Book 14 of Parcel Maps at pages 23 and 24 , as , granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint _e7ancy , by Deed recorded August 27 , 1982 , under Recorder ' s Z�erial No. 82073811 , Official Records . JPN 075-033-330-05 075-033-330-05 . 01 075-330-080 078-025-250-01 075-330-090 078-025-250-01 .01 078-250-040 078-025-250-01 . 02 078-250-050 07 8-025-250-01 - 03 078-025-250-01. 04 R-86-47 (Meeting 86-16 *4 ge June 18, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 13, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner SUBJECT: Detailed Schedule for District Master Plan Implementation Introduction: On March 26, 1986 , when you tentatively adopted the 1986-1987 Preliminary Action Plan (see report R-86-22 dated March 19 , 1986) , you also reviewed a draft Planning Process Timetable for the District' s Master Plan. This timetable is again attached for your reference. At the March 26 meeting, you asked that staff return with a more detailed schedule of the r planning process, specifically including the starting date when the work would begin and how the timing and delineation of the so-called "grey area" developed communities would be handled. This report outlines these details. Discussion: The March 26 Planning Process Timetable outlined a timeframe of approximately 18 months to complete the Master Plan update, but did not state when that process would begin. This was done principally because of the current planning staff workload and some confusion as to when and how delineation of the developed communities would proceed. With the adoption of the eminent domain policies and pressing interest from those Skyline neighbors who wish to be involved in the process, I recommend that we begin the work as soon as possible. It appears now that following the solicitation and selection of contractors for the District' s Purisima Creek access improvements in July 1986 , the planning staff will be prepared to turn its attention to this project. Procedure: On the original timetable the developed community delinea- tion rocess was shown as the initial step, running for a six to eight month timeframe. I am now recommending that the designation of composite ratings for open space lands in the sphere of influence and an update of existin g public lands be the first step in this project. Concurrently with this, the criteria and methodology for delineating developed communi- ties will be refined. The resulting information will serve as a basis for defining areas of specific concern which will then be scheduled for more detailed analysis. The ideal approach to this project is to hire the planning firm who com- pleted the original Master Plan or the San Mateo County update done in i 1978. This would help speed the process by not needing to re-educate a planner in the methodology used to determine what is a developed area (community) , or the original composite rating system of open space lands . By hiring the planner under contract, the initial process could quite possibly be shortened to 4. to 6 months. * With this in mind, and generally following the timetable outlined in March, I recommend that we commence the process under the following specific timeframe: I R-86-47 Page two 1) Solicit and hire contract planner by September 30, 1986; 2) Planner with staff assistance will identify composite ratings of open space lands in the sphere of influence and update the public lands throughout the District. Areas not resolved (i.e . , developed areas which may need more specific study to determine precise bounda- ries) will be excluded from composite ratings. The precise manner in which these unresolved areas are delineated on the map will be proposed by the planner. A draft plan will then be presented at a public hearing to be held in January 1987 . 3) Following the review by the Board of Directors, the expanded and updated plan will be printed and made available for distribution. The printing phase is expected to take approximately three months , , making the document available by April 1, 1987. 4) Planner with staff assistance will refine the criteria and methodology for determining developed community areas to be exluded from consider- ation for acquisition. Public hearings will be held as necessary to assist in this task which is expected to be completed by January 1987 . Areas which are found to be of particular interest and deserving of more detailed analysis will be identified as such and dealt with on a case by case basis as the need arises. Those identified areas needing most urgent attention, such as the Portola Park Heights community, will then be scheduled for further study, based on the refined criteria and methodology. Funds for hiring a contract planner for $20 ,000 were included in the adopted 1986-1987 preliminary budget under Contract Services . Recommendation: I recommend that you approve the timetable and process for completing the update of the District Master Plan as outlined in this report and that you direct staff to commence the soliciation process for a contract planner for the job. PLANNING PROCESS TIMETABLE - DISTRICT MASTER PLAN UPDATE k Item Time 1) Board, staff, and public planning decisions made on co-z*r^-ties to be e::ccluded from Master Plan Review (gamey areas) 6 to 8 months I 2) Solicit ='—ner to co`plete project h 1 month 3) Review and gather mate-isis and methodology from original '-!aster Plan for update 2 weeks 4) Gather base data on new areas to be included in �! Master Plan and any new policy issues to be included 4 months 1�) 5) Graphic layout for first Board, staff and public review (including Board Committee, if formed) 2 months 6) Finalized layout and public hearings 2 months 7) Print and distribute 1 to 2 months T- e--able 0 6 months I year 18 months 1111111t11111111111111111111:____:::_ Delineate communities (6-8 months) Board/Staff/Public 1 111111111} Solicit and hire Planner (4-6 weeks) U11IFirst public hearing 1111kFinal earing I 11111111111111111111s111lli Gather data (4jj months) I I Contract Manner 11111111111! Layout (2 months) Final layout (2 months) 11111111111 Print, distribute (1-2 months) 1111111111 Total time (1A to 1.7 months I R-86-44 A. (Meeting 86-16 June 18, 19 36) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 11, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Addition to Legislative Program to Support AB 4413 Recommendation: I recommend that you add support for AB 4413 as a B priority item to the District' s Legislative Program for the 1985-1986 Legislative Session., Background: You last reviewed the status of the District's Legisla- tive Program on May 14 , 1986 and voted to amend the Program as recommended (see memorandum M-86-49 dated May 8, 1986) . Discussion: Assembly Bill 4413 (May 12 version attached) , if enacted in its present form, would place on the November ballot an $85 million State bond measure called the California Shore, Beach, and Stream Restoration Facilities Bond Act of 1986. If the bond act were then approved by the voters , the proceeds would be available to the State Coastal Conservancy. The bill has passed the Assembly and will next be heard by Senate Committee. The District has already directly benefitted from one of the Coastal Con- servancy programs through the joint MROSD-Mountain View public access development project at Stevens Creek which was partially funded with a Conservancy grant. The Peninsula Open Space Trust has also had projects funded by the Conservancy. If the bond measure is adopted, additional funds would be available upon sale of the bonds for projects that promote or restore recreational opportunities; projects that protect, restore, or enhance natural resources; and projects that promote increased public access to shoreline areas. Some of these funds would probably be avail- able for expenditure along the south San Francisco Bay shoreline . Your Legislative Committee has not considered AB 4413 , but if you think it necessary, the matter can be referred to the Committee for recommen- dation. AMENDED IN ASSEMBLY MAY 12, 1986 All 4413 —2— AMENDED IN ASSEMBLY APRIL 10, 1986 The bill would provide for submission of the bond act to the CALIFORNIA LEGISLATURE-19&%-86 REGULAR SESSION voters at the next statewide election in accordance with specified law. ASSEMBLY BILL No. 4413 The bill would declare that it is to take effect immediately as an urgency statute. Vote: %. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. Introduced by Assembly Members Killea and Frazee The people of the State of California do enact as follolls.. (Coauthors: , Assembly Members Biftes Agnos, Bates, Bradley , Willie Brown, Hattser, GaGon*elh, err She-r+ 'rl I SECTION 1. Chapter jcowdaler- -senater 311'.IeGer-qtte&6� Farr, Hauser, 1.692 (commencing witli Mojonnier, O'Connell, Sher, and Vasconcellos) 2 Section 5096.500) is added to Division 5 of the Public (Coutithors, Senators Craven, Deddeh, and .HcGorqtiodale) 3 Resources Code, to read: 4 5 CHAPTER 1.692. CALIFORNIA SHORE, BEACH, an March 11, 1986 6 STREAM RESTORATION and -FACILITIES BOND ACT of 7 1986 8 9 Article 1. General Provisions 10 An act to add Chapter 1.692 (commencing with Section 11 5096.500. This chapter shall be known and may be 5096.500) to Division 5 of the Public Resources Code, relating 12 cited as the California Shore, Beach, and Stream to financing a coastal shore, beach, and stream protection, 13 Restoration and Facilities Bond Act of 1986. enhancement, and restoration program through the issuance 14 5096.501. The Legislature finds and declares all of the and sale of bonds of the State of California and by providing 15 following: for the handling and disposition of those funds, and declaring 16 (a) The shore line of California along with associated the urgency thereof, to take effect immediately. 17 beaches and streams contain some of the most valuable LEGISLATIVE COUNSELS DICEST 18 lands in the state for a variety of uses and purrs, 19 including fishing, as habitat for wildlife and p 3) AB 4413, as amended,Killea. California Shore,Beach, and 20 passive and active recreation, commerce and industry, Stream Restoration and Facilities Bond Act of 1986. 21 science, and cultural activities. However, these lands Under existing law, the State Coastal Conservancy is 22 have been overutilized and the scene of competition and authorized to carry out public resource programs in the 23 confrontation among users. coastal zone and portion of the San Francisco Bay area. 24 ' (b) Both the natural and built environment of the This bill would enact the California Shore, Beach,. and 25 state's coastal shores and associated beaches and streams Stream Restoration and Facilities Bond Act of 1986 which, if 26 have lost value over recent decades due to adopted, would authorize, for purposes of financing a 27 overutilization, past poor planning practices, and natural specified coastal shore, beach, and stream protection, 28 deterioration. enhancement, and restoration program of the conservancy, 29 (e) Due to their location near population centers as the issuance, pursuant to the State General Obligation Bond 30 well as their intrinsic natural character, and despite their Law, of $85,000,000 in bonds. --3— Ali 4413 AB 4413 —4- 1 current overutilization, many of these areas have great 1 Bond Fund of 1986 created pursuant to Section 5096.504. 2 potential for continued and increased use for a variety of 2 3 purposes, including, but not limited to, fish and wildlife 3 Article 2. State Coastal Conservancy Program 4 habitat, public recreation, tourism, commercial fishing 4 5 and other coastal dependent industries, commercial 5 5096.504. The proceeds of bonds issued and sold 6 recreational enterprises, research, education, and 6 pursuant to this chapter shall be deposited in the State 7 interpretive centers. 7 Coastal Conservancy Bond Fund of 1986,which is hereby 8 (d) In the past, large contributions of public funds 8 created. I 9 have been made in shoreline areas which have 9 5096.505. All money deposited in the State Coastal 10 contributed to an increase of wealth, employment, and 10 Conservancy Bond Fund of 1986 shall be available l'or 1.1 industry in the state, but in recent decades investments 11 appropriation to the conservancy for the following 12 in shorefront areas have been relatively small. 12 purposes: I 13 (e) In order to increase the utilization of the state's 13 (a) Twenty million dollars ($20,000,000) )r ! 14 shorefront, beaches, and streams in a manner which is 14 expenditure by the conservancy, pursuant to Division 21 1 1.5 compatible with the state's gods for environmental 15 (commencing with Section 31000) of the Public 16 quality, there must be new state initiatives and funding 16 Resources Code, including direct expenditure or grants 17 for these areas. 17 filld learns to cities, counties, districts, or nonprofit 18 (f) Due to conflicts between competing users of the 18 organizations, for projects which promote or restore 1 19 state's shores, beaches, and streams, state funds for these 19 facilities needed for -..,�ietfiesttftd 20 areas should be spent in a manner which creatively 20 ftnd whiehWi4 lei to increased employment, economic 21 reduces these conflicts using a range of appropriate 21 development, tourism, or recreational opportunities, and 22 methods, including acquisition of land, and public and 22 for state administrative costs incurred in connection , 1 23 private partnerships in development as well as 23 therewith. 24 preservation of land and acquisition of easements and 24 (b) Twenty million dollars ($20,000,000) for I 25 other less than fee interests in land. 25 expenditure by the conservancy, pursuant to Division 21 26 (g) The State Coastal Conservancy has broad powers 26 (commencing with Section 31000), including direct 27 to protect, restore, and enhance natural resources within 27 expenditure or grants ftfid l to cities, cour'-'�s, 28 the state's waterfront areas, and to act to reduce conflicts 28 districts,or nonprofit organizations,for projects desi I 29 between competing users. Provision of funding to the 29 to protect, restore, or enhance natural resources, ana ror 30 conservancy will help to ensure that these most valuable 30 state administrative costs incurred in connection 31 of lands can be protected, preserved, and used for the 31 therewith. 32 benefit of the people of the state. 32 (c) Twenty million dollars ($20,000,000} for 33 5096.502. As used in this chapter, the following terms 33 expenditure by the conservancy n g a� l 34 have the following meanings: 34 Pursuant to Division 21 (commencing with Section 35 (a) "Committee" means the California Shore, Beach, 35 31r?t10) for grants to cities, counties, districts, or nonprofit 136 and Stream Restoration and Facilities Finance 36 organizations, for projects which promote increased 37 Committee created pursuant to Section 5096.512. 37 public access to the state's beach and shorefront areas, 38 (b) "Conservancy" means the State Coastal 38 including, but not limited to, the acquisition of fee and 39 Conservancy. 39 less than fee interests in property, planning and i 40 (c) "Fund" means the State Coastal Conservancy 40 development of improvements, and for state I -5— AB 4413 A 13 4413 —6- 1 administrative costs incurred in connection therewith. 1 Obligation Bond Law, of the bonds authorized by this 2 (d) Twenty-five million dollars ($25,000,000) for 2 chapter, the California Shore, Beach, and Stream 3 expenditure by the conservancy for the purposes of, and 3 Restoration and Facilities Finance Committee is hereby 4 in accordance with, Division 21 (commencing with 4 created. The committee consists of the J-J—J—I-; the 5 Section 31000), and for state administrative costs 5 ZZ111; the -LLL-L; the ZIIL-Z- mid the 6 incurred in connection therewith, except that two 6 J_J_J_L; of Treasurer, the Controller, the irector of 7 million five hundred thousand dollars ($2,500,000) shall 7 Finance, and the Secretary of the Resources Agency, or 8 be available for support to qualifying regional approaches 8 their designated representative. A majority of the 9 to shoreline erosion control. A joint powers agreement 9 committee may act for the committee. For purposes of 110 between at least a majority of coastal jurisdictions within 10 this chapter, the California Shore, Beach, and Stream 11, a littoral cell is a qualifying regional approach to shoreline 11 Restoration and Facilities Finance Committee is "tho 1 12) ei,osion control. 12 committee" as that term is used in the State (_10'e- -al 13 Obligation Bond Law. �13 Article 3. Fiscal Provisions 14 5096.513. The committee shall determine wlie 14 tlier or 15 15 not it is necessary or desirable to issue bonds authorized 16 5096.510. Bonds in the total amount of eighty-five 16 pursuant to this chapter in order to carry out the actions 17 million dollars ($85,000,000), or so much thereof as is 17 specified in Section 5096.505, and, if so, the amount of 18 necessary,may be issued and sold to provide a fund to be 18 bonds to be issued and sold. Successive issues of bonds 19 used for carrying out the purpose expressed in this 19 may be authorized and sold to carry out those actions 20 chapter and to be used to reimburse the General 20 progressively, and it is not necessary that all of the bonds ,121 Obligation Bond Expense Revolving Fund pursuant to 21 authorized to be issued be sold at any one time. 122 Section 16724.5 of the Government Code. The bonds 22 5096.514. There shall be collected each year and in 23 shall, when sold, be and constitute a valid and binding 23 the same manner and at the same time as other state 124 obligation of the State of California,and the full faith and 24 revenue is collected,in addition to the ordinary revenues 125 credit of the State of California is hereby pledged for the 25 of the state, a sum in an amount required to pay the 26 punctual payment of both principal of, and interest on, 26 principal of, and interest on, the bonds maturing each 27 the bonds as the principal and interest become due and 27 year, and it is the duty of all officers charged by law —ith 28 payable. 28 any duty in regard to the collection of the revenue �o 2 29 5096.511. The bonds authorized by this chapter shall 9 and perform each and every act which is necessary to 30 be prepared, executed, issued, sold, paid, and redeemed 30 collect that additional sum. 31 as provided in the State General Obligation'Bond Law 31 5096.515. There is hereby appropriated from the 32 (Chapter 4 (commencing with Section 16720) of Part 3 of 32 General Fund, for the purposes of this chapter, an 33 Division 4 of Title 2 of the Government Code), and all of 33 amount that will equal the total of the following: 34 the provisions of that law apply to the bonds and to this 34 (a) The sum annually necessary to pay the principal of, 35 chapter and are hereby incorporated in this chapter as 35 and interest on, bonds issued and sold pursuant to this 36 though set forth in full in this chapter. For purposes of 36 chapter, as the principal and interest become due and 37 this chapter, the conservancy is the "board"as that term 37 payable. 38 is used in the State General Obligation Bond Law. 38 (b) The sum which is necessary to carry out the 39 5096.512. Solely for the purpose of authorizing the 39 provisions of Section 5096.516 appropriated without 40 issuance and sale, pursuant to the State General 40 regard to fiscal years. -7— AU 4413 AB 4413 —8-- 1 5096.516. For the purposes of carrying out this 1 for a coastal shore, beach, and stream protection, 2 chapter, the Director of Finance may; .pursuftn+ +e 2 enhancement, and restoration program." Opposite the 3 ttpprep e autherity ift Leh affntteA Budget AoT 3 square, there shall be left spaces in which the voters may 4 authorize the withdrawal from the General Fund of an 4 place a cross in the manner required by law to indicates 5 amount or amounts not to exceed the amount of the 5 whether they vote for or against the act. 6 unsold bonds which have been authorized by the 6 Where the voting in the election is done by means of 7 committee to be sold for the purpose of carrying out this 7 voting machines used pursuant to law in the manner that 8 chapter. Any amounts withdrawn shall be deposited in 8 carries out the intent of this section, the use of the voting 9 the fund. Any money made available under this section 9 machines and the expression of the voters' choice by 10 shall be returned to the General Fund plus interest that 10 means thereof are in compliance with this section. 11 the amount would have earned in the .Pooled Money 11 SEC. 5. This act is an urgency statute necessary for 12 InvestinentAccount from inoriey received from the sale 12 the immediate preservation of the public peace, health, 13 of bonds for the purpose: of carrying out this chapter. 13 or safety within the meaning of Article IV of the 1.4 5096.517. All money deposited in the fund which is 14 Constitution and shall go into immediate effect. 15 derived from premium and accrued interest on bonds 15 The facts constituting the necessity are: 16 sold shall be reserved in the fund and shall be available 16 In order that this act may be presented to the voters 17 for transfer to the General Fund as a credit to 17 during 1986, it is necessary that it take effect 18 expenditures for bond interest. 18 immediately. 19 5096.518. The Legislature hereby finds and declares- 20 that, inasmuch as the proceeds from the sale of bonds 21 authorized by this chapter are not "proceeds of taxes" as 22 that term is used in Article XIII 5 of the California 23 Constitution, the disbursement of these proceeds is not 24 subject to the limitations imposed by that article. "`, 25 SEC. 2. Section 1 of this act shall take effect upon the 26 adoption by the voters of the California Shore,Beach,and 27 Stream Restoration and Facilites Bond Act of 1986, as set 28 forth in Section 1 of this act. 29 SEC. 3. Section 1 of this act shall be submitted'to the 30 voters at the next statewide election in accordance with O 31 provisions of the Government Code and the Elections 32 Code governing submission of statewide measures to the 33 voters. 34 SEC. 4. Notwithstanding any other provision of law, 35 all ballots of the election shall have printed thereon and 36 in a square thereof, the words: "California Shore, Beach, 37 and Stream Restoration and Facilities Bond Act of 1986," 38 and in the same square under those words, the following 39 in eight-point type: "This act provides for a bond issue of 40 eighty-five million dollars ($85,000,000) to provide funds I � R-O5-45 (Meeting 86-16 June lB, 1986) MDDPENINSUDA REGIONAL OPEN SPACE DISTRICT | | REPORT June 12, 1986 | � TO: Board of Directors FROM: M. Foster, Controller � � SUBJECT: Annual Claims List for 1986-1987 | � . � | / | recommend you approve the Annual Claims List as shown below for the 1986-1587 fiscal year. | Discussion.: In accordance with Section 7 .53 of the District's Rules of Procedures, this list of annual claims for the 7986-1987 fiscal year is submitted for Board � approval . All items are in accordance with the budget presented at your meeting last night. Staff will be prepared to amend the amounts shown for Staff Salaries, � Retirement Funds and State-Mandated Insurance based on decisionsto be made at the � | June 18 meeting an General Manager and Board Appointees ' compensation. ANNUAL ' Item Description Amount | -----�' | Directors' Fees $ 21 '000.00 | Staff Salaries -f78887358788 $l ,|37"gOO^UO | ^ Retirement Funds -747688788 74,lUO.OD � � Group Insurance Premiums 112,000.00 State-Mandated Insurance �6f��e8�8G 7U 4O0 0O � � , , � Office Rent 77,800.00 | | Management Vehicle Expense 5,600.00 | | Expense Subtotal $1 ,498,800.00* | | *Annual claims adopted by Board at June 18 meeting with numbers to be amended to reflect salary changes and benefit changes resulting from salary increases. | Noteho|der~-Land Principal Interest � l . Burns $ l80,OOO.8O $ 19,200.00 � � � 2. Mynd/ Yng-Harrison 8,508.00 2,550.00 � � 3. Guadalupe Disposal 21 ,300.00 8,520.00 | 4. Risley (LmverYch) 1 ,696.08 2"955.72 5. Bean 50,000.00 5,000.00 | " � 6. Crist (1980 37, 100.08 8,904.0O � | 7. Catalano 9, 120.00 O. 8orahan (Jeffries) 3,087. 13 919.67 � 9. Sorahan (Thoren) 5"331 .57 1 ,588.83 lO. Skyline Ranch 380,000.00 24~UUU^OO | ll . Anderson 20,000.00 1 ,600.00 | 12. Rose & Baslch 76,243.20 5,337.02 | / 13. 8aylch 4`989.20 2,344.92 ' > 14, J. Allen 29'400.00 2,058.00 / 15. K. Allen 29,400.08 2,058.00 | | 16. Van Vleck 2,750.00 495.00 ' 17. Rose 9,978.4O 698.49 /8. Truesdell (Rmngey) 118.59 4,747 .41 19. Zabel 15,000.00 7,350-00 R-85-45 Page two 20. Gano 35,000.00 6,300.00 21 . Crist (1983) 35,000.00 8,400.00 22. Fernandez 81 ,430.00 19,543.20 23. Ertel ] 9,000.00 5,040.00 24. Incerpi 30,000.00 16,800.00 25. Bachtold 40,o00.00 8,250.00 26. Grossmith 3,850.00 693.00 27. Cho 100,000.00 49,000.00 28. Jenkins 17,500.00 2,625.00 29. Wilkins 170,000.00 149,600.00 30. Collett 55,000.00 29,356.26 i 31 . Chesebrough 28,500.00 5,985.00 32. Chesebrough 64,500.00 13,545.00 33. Barlow 9,500.00 7,065.63 34. Darling 14,ioo.00 9,870.00 35. Closs 12,800.00 10,240.00 36. Bullis 60,000.00 42,000.00 37. Hosking 316,000.00 177,300.00 38. Jamison 6,936.37 6,328.07 39. Eilertsen 26,430.03 9,569.97 TOTAL--LAND $1 ,890,440.57 $686,952. 19 Bonds Payable 1 . Series A - 1977 $ 460,000.00 $ 31 ,740.00 2. 1982 Note 600,000.00 324,600.00 3. 1985 Note 400,000.00 293,800.00 r 4 000 00 - 650 140.00 I $ 1 60. � , ,TOTAL--BONDS TOTAL--LAND AND BONDS $3,350,440,57 $1 ,337,092. 19 A detailed list of debt service obligations is attached. R-85-45 4 (Meeting 86-16 . 1h ,tune 18, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 12, 1986 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Annual Claims List for 1986-1987 Recommendation: I recommend you approve the Annual Claims List as shown below for the 1986-1987 fiscal year. Discussion: In accordance with Section 1 .53 of the District's Rules of Procedures, this list of annual claims for the 1986-1987 fiscal year is submitted for Board approval . All items are in accordance with the budget presented at your meeting last night. Staff will be prepared to amend the amounts shown for Staff Salaries, Retirement Funds and State-Mandated Insurance based on decisions to be made at the June 18 meeting on General Manager and Board Appointees' compensation. ANNUAL CLAIMS Item Description Amount Directors' Fees $ 21 ,000.00 Staff Salaries 1 ,088,350.00 Retirement Funds 71 ,600.00 Group Insurance Premiums 112,000.00 State-Mandated Insurance 67,300.00 Office Rent 77,800.00 Management Vehicle Expense 5,600.00 Expense Subtotal $ 1 ,443,650.00 Noteholder--Land Principal Interest 1 . Burns $ 160,000.00 $ 19,200.00 2. Mindling-Harrison 8,500.00 2,550.00 3. Guadalupe Disposal 21 ,300.00 8,520.00 4. Risley (Leverich) 1 ,696.08 2,955.72 5. Bean 50,000.00 5,000.00 6. Crist (1981 ) 37, 100.00 8,904.00 7. Catalano 9, 120.00 8. Sorahan (Jeffries) 3,087. 13 919.67 9. Sorahan (Thoren) 5,331 .57 1 ,588.83 10. Skyline Ranch 300,000.00 24,000.00 11 . Anderson 20,000.00 1 ,600.00 12. Rose & Basich 76,243.20 5 ,337.02 13. Basich 4,989.20 2,344.92 14. J. Allen 29,400.00 2,058.00 15. K. Allen 29,400.00 2,058.00 16. Van Vleck 2,750.00 495.00 17. Rose 9,978.40 698.49 18. Truesdell (Rongey) 118.59 4,741 .41 19• Zabel 15,000.00 7,350.00 f R-85-45 Page two r 20. Gano 35,000.00 6,300.00 21 . Crist (1983) 35,000.00 8,400.00 22. Fernandez 81 ,430.00 19,543.20 23. Ertel ] 9,000.00 5,040.00 24. lncerpi 30,000.00 16,800.00 25. Bachtold 40,000.00 8,250.00 26. Grossmith 3,850.00 693.00 27. Cho 100,000.00 49,000.00 28. Jenkins 17,500.00 2,625.00 29. Wilkins 170,000.00 149,600.00 30. Collett 55,000.00 29,356.26 31 . Chesebrough 28,500.00 5,985.00 32. Chesebrough 64500.00 13,545.00 33. Barlow 9,500.00 34. Darling 14,100.00 9,870.00 35. Closs 12,800.00 10,240.00 36. Bullis 60,000.00 42,000.00 37. Hosking 316,000.00 177,300.00 38. Jamison 6,936.37 6,32$.07 39. Eilertsen 26,430.03 9,569.97 TOTAL--LAND $1 ,8901,440.57 $686,952. 19 Bonds Payable 1 . Series A - 1977 $ 460,nOO.O0 $ 31 ,740.00 2. 1982 Note 600,000.00 324,600.00 3. 1985 Note 400,000.00 293,800.00 TOTAL--BONDS $1 ,460.000.00 $ 650, 140.00 TOTAL--LAND AND 3 0a $3,350,440,57 $1 ,337,092. 19 A detailed list of debt service obligations is attached. DEBT SERVICE 1986/1987 July 1 , 1986 �k Close of anal . R .ma i n i n Final Payable Open Space Preserve Payable to' Escrow Amt.ofNotel Rate Terms :rrinci al PaymDue Principal ,i t Interest 86/8 Coal Creek Rose/Basick� /01/82 81 21 .0 8. ' ear 95 304�00 7/02/8I $0. � 2 6 24 ' 2 i .02 - Y � 11 5 E 7 3F q 5,33� Bas i ch 7/01/82 49,89 .00 8.0 10 year ;! 31 ,'182 50 ' 7/02/9 7,334. 2 �j 14 9891 20i 2,344.J2 J. Allen 7/O1/$2 147,006.00 $.(� I1 5 Yea 5 '. ; 36,750 00; 7/,02/8� 1 31 ,4'58.�?0 �j 29,400�Op; 2,058.00 K. Allen 7/01/82 147,0 00 8 ea s 6 F 7, q• •4 a y 3 ,7 0 131 ,4 0 !1 9,4 ot0a 2,0 .00 # 7/ 50�0 „ 7/02/8 5$.b 2 0 5 .41 0' -"' _ Rose. 0.1/82 49.,89 0 , 8.0 5 year' 12,473}00; : 7/0.2/8 __ 1j 10,676.�9 '� '; 9,978 4q; 698.49: ! � - -- - Fernandez 1 ,6/01/83 1 , 150,010.0�} . 6.6 1 ����r 25 J20� 0 2/1 / "100 �0 �' 8 4 0� Of� 9 5 (, y 3 , 90 ,973. �� l , 3 � 1 4�.20 E1 Corte de Madera Hosking� 9/05/85 488,000AQ $.0 5 years 488,000i00� 9/0�5/ 0_-�'136,&40 �! 7,�600100; 9,040.00 t _ Hoskin , 9/05/85 478,009.00 8.0 ears � 4 8 000 00, 0 9 3 � g5 Y 7 , 9/05/9 133,840.90I1 95,'600�00 38,240.00 j f j Hosking �9/05/85 478,OOt AO 9.0 10 years 478,`000: M 9/0'5/95 is 90,$20.[�0I; 47,;800;00; 43,02q.00 j Hosking 9/05/$5 750,000AO 8.� 10 years ij 750,'000iOOx 9/OSl9 �132,000.00 �� ' 75,'000 Q0; ! 57,OOQ.00, �� J i r I i a La Honda Creek Collett ! '4/30/84 550,000.00 7.0 10 ears 440 000 OQ 1 Y 5/O1/94 184,356.26 ,1 55,000,O 29,356.26 Darling ] 8/16/85 141 ,00� .00: 7.0 10 years 14i ,000 o � 8/1'6/9 �� 23,970.00 �� ¢ 14 10000 9,870.0'0 << �� is , a ( I , i I 3,313,'1795Q! 8651069.6 6 5 1 61 40.8t� , 248,565.$9 � Page 2 of 4 DEBT SERVICE 1986/1987 _ I July 1 , 1986 Close of Original Remaining Final Payable j{ Open Space Preserve Payable to: Escrow Amt.ofNotej Rate Tezrms Principal l; Paym.Due 86/87 Principal Interest r! Balance Forwarded ' , I 8 ,, 0 $ , . � , 248 56F.8r 9 i If Long Ridge Bean 7/28/81i 250,00�.00' 10.0 years 50,OOO 00 7/28/86 55,�000,O 50 0OO OC} 5,000.00 (Rongey)Truesdell 8/13/82� 59,698.00� 8.� E� years 59,321 2 7l9/88 �i 4 860 06 118154; 4,7111 . 1 i' P & N Chesebrou h 12/ 0 8 ��. ._.26,008 00_; 7.Q > yuars' 15 604180 12/ 0/8 �� 6 2 4� '201 6 1 0 4 l 9 3J3 3. . - ; , . . 939 5> q, _ 9 .3 - r I; M Chesebrough' 12/30/88 148,246.dO 7.9 5 y(-.-are;' 88,947 64 12/30/8 ! 35,875 5J1 29 64942 .t 6,22Ia.3,3 E Chesebrou h': 12/ 0 8 ears 88 I; g 3 / 3 148 24 .00 7.6 5 y ,914-74 60 12/30/8 Ii 35,'875,5 29 6491.2 6,22 3`3' i is P D N Chesebrough 12/30/83 11,492.dO 7. 5 years, 6,,89 120 12/30/$ 3 I 2,�781 0 � 2a'2y8�.►+t 481.66' M :Chesebrou h112/30/8 65 504.00; 7.� 5 gars 39 '302.40; 12/ 0/88 1 '8 l 1 100.8 2 �1 . 1' � g 3 y t! , 3 �; 5, 5 9� � 3, � ,75 7. � r I E ,Chesebrough 12/3.0/83 . ._._65,504.00. _.7.b I� ,,.years, ;j : 39>'.302r40; 12/3018 __ , 1585.1 9�; , 13100.84; ; _ 2,75a1 . 17 _ i i if i� if i Monte Bello 3 I! Burns 1 12/02/71 ,1 ,600,000.06 6.0 j10 years] 320 000,06 12/02/8 a17 ),200.00 �160,000.Ob 19,200.00 Trust; Fund if if i Purisima Creek Redwds _ Wilkins 4/20/84' 1 ,700,006.00i 11 .0 10 years, 1,360,000100 4/20/94 131g 600 OQ '170,000.OQ 149,600.00 Mi � j j u i it li ' ; ( �j ;i ' ,. :.Rancho San Antonio y 1 ,_. _ i; Cho if 14/1/84 j 900,000.00 7.0 9 years) 700,000.00 4/15/93 l49 000.00 100 000�.0 49,000 00 f? ! � ! I I C 1 os s i 9/1 1',/85) i 128,000•�� 1 8.0 10 years, :128,OOOI 00 9/1 1/95 231040.0 12 800�.0 10,240.00if o8 ' 6..6 l 02 4 05 8 i o- - ,33. 959.39 . 5 , J:17•.3 I _ P i(Ic 3 o I' 4 DEBT SERVICE 1986/1987 July 1 , 1986 p p y Close of Original Terms Rerli ini Pa Final 111 Payable 11 f 0 en Space PreservePa able to Escrow AmtofNote Rate pg�fPaym.Due 86/87 rincipiIj; Interest j Balances Forwarded I' 6 209 5oc 73 ,708,,33 i ,20 ,�+ 39 505,,87 .30 .f Russian Ridge ' Crist i 12/9/81 259,700.00' 8 0 7 year,` 111,300.00 1/01/8s �i 46,00t1.0 37,100 001 8,904,00' 4 { Crist 2/16/83 ,000.00' 8.!0 6 ye �r� 10.5,00( .(6 '.1/01/8s 431 40( .0) 35,000.00�1 8,400.00i1 2 1 i i `� , � � 7,350.001; � � t ' Saratoga Gap Zabel � 1.0/5/82 �� 150,000.00, 8.10 i!10 years 9.7,SOJ.W 10/02/92 I .22 35 ,0 ' i15,�OQ 0 �� { i , Sierra Azul Mindling 08/ 13/80 85,000�.00 6 0 !10 years 42,500DO 8/13/90 11,05C .09i 8,500.�0 {I 2,550.00;i Guadalupe 1/14/81 213,000.00 8 b 10 years 106,500,00 1/14/9 29;82C.00 j21,300.00 11 8,520J00 i (Risley)Leverich 5/13/81 50,000 00 7.0 20 years 42,992.12� -5/22/2001 4,651.8Q 1,696 08 jI 2,955.74 j (Sorahan) Jeffries; 12/31/81 ! 21,078'.00, 10.!0 8 years 10,586.21' 7/01/84 �� ' 4 004.80 3,087.13 , 919.167 (Sorahan) Thoren '12/31/81' 36,407.00 10.10 8 year '; 18,288.05, 7/01/84 � 6,92dAd ' 5,33157 � 1 ,588 183' + Ertell 7/27/83 90,900..00,'__.. . . :_._7 0 1.0 __72,000AO� �7/2719 .__ �_�_14;04d 0(�. '__:9.,000100 :_5,040,i00' ...years.___,a .i Grossmith 4/06/84 19,25Q.00i 6 j0 5 years 11,550.00 4/06/89, ( 4,543,0CI, 3:850 A0 „ 693:OO { Van V1eck 4/06/84 13,750.00, ' 6 0 5 years 8,250,.00' �4/06/89 �{ ! 3,24 A0 2,750.00 ,I 495 w00! Barlow 7/01/85 95,000;.M 8 i5 110 years 85,500 AO 1 j01/95 1 16,565b3 9,500.00 k ; 7 065.63 Jamison ! „3/28/86 95,2001.00 7 EO AO yearn �i 93,540.2 ;5/28/9E1 13,264�44j b,936. 7 11 6,328.07 .i. ertsoIn 3/28/86 55,:_0 _ i 1, ._.7 {0 ;_.5 years� 48,67.5 7 5i� ,5./.2$/._9E �3_.6. 00 2.6,43..0. 03it 9,56_9_:!97' ; T , i 1t I 1 t t . �163` 683. 1QI 6,,2-�.�'' 1��._ �. i {{I!_ DEBT SERVICE 1986/ 1987 July 1, 1986 Close of Original i Remaining '] Final , Payable �; 3 P Y � �' Terms i' Principal il'a ment Du di 85/86 ` GI ' Open Space Preserve Payable to Escrow Amt. otNotd, Rate% { Principal Interest Balance Forwarded j �i �7 163,683.. 10 ' ,964, 197 76 I1 ,387,940457 576,25`/. 19 ;Skyline Skyline 2/01/82 ` 1,500,006.0,0 8.0 r� years 300,OO6QO 2/01/87 11 I �z4,00 0 300, 0(�',00 24,000.00� Incerpi 7/18/83 � 300,000.00 7.0 1.0 years ' 24U,000.OQ � 7/18/93� 46',BOO 0{ 30,600.00 i 16,800.00, ;I 3.7 00 0 1 - 2�I Jenkins 6 Ol 84 70 00 Q 7 5 E yuai-4 88 d 00 " 2,625.00 0 0 � f 0.12 J ;17 0 , Bullis 5/2/86 600,000 00 7`.0 10 }<�"it :r (i0t)',0t) Op 5/2/96 102,00 .0 60, 0(1�•00 E i1 42,000.00' 1 If if I aifThornewood / / 1, �', � y,' 4 6 �30110 35, O0..00 ( 6,300.00 Gano l l 22 82 175,000.00 9 0 I 5 a r 70 00 00 11/22/$ �' 41' 3 �I ( If Windy Hill (Ctalano) Bertettai 1/14/82 152,000.06 6.0 t 5 ysar 152,000.00 9/24/$� �� 9 12� IJ(1 �I i 9,120.00 � I ai 4/13/82 100,000.00 8.0 _. __..._.�. . a4 : . . . _. -7, Anderson 5 years 26 OOt�.OQ 4/13/8� 11 21,609.00 20,000.00 1,60Q.0'O j Bachtold ! 3/30/84 200,OOOAO 7.5 5 years " 120,009.09 3/30/8� 48,250-0' 40,000;00 i 8,25Q.00 1, f SUBTOTAL--PURCHASE CONTRACTS j �' �i � 7Q0,683. t0 2 '577,39 .761 890i40157 686 I h I i' Various 0(J i I.Series A � 7 1 7 0 OO 11 r S 3 7 4 60 5.0 0 ea 2 00� 0 ' 7158 4T 1./ l ,� � 4• � Y � 9 (�, �. (� / , / {� � 9 7 .�.Ob �60, OOI.00 � , 3 ,74 0.00 1982 Note ._` 12/.1.:6/8 ___'6 OQO.OQQ.O A. 10._- ear _. 4 20.0,00-0.00 ` 12 15 2 i 924 60ttOQ 600 00.00 324 60000 l MQO ? _ /. _l_ a. _I 1 YI _ ._ f._.__.._ . _.. - ri �. 1985 Note 3/Q5/85 4 000,000 Q : 693,80o o6 ' 1i00,Q00ir00 IM 2�?3,8Q0.;00 1 8.5 10 years �3�600,000d t2/'15/ 5 �; I �k ! SUBTOTAL--BONDS $,720,000.00 3, 12!,110, 14P.Q�O' 1 ,460,000.00 y 650,140:00 G , . , 1TOTALS DEBT, __� -__ f t7,420,68 .10 4,687,532.76 3,350,440,57 1 ,337>Q92.1,9 1 -- - -- ._ _ _ r— -- -___--_ . _. .._ - __ � I I I � a I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors. FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: June 18, 1986 I , I I I L 4 a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 I June 13, 1986 I Ms. Susanne Wilson Chairperson Santa Clara County Board of Supervisors County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 Dear Ms. Wilson: The District's Board of Directors considered your iptter, dated June 2nd, regarding Moody Gulch at our meeting of June 11t'a. I Our Board is most willing to discuss possible ways that the District can work cooperatively with the County to complete the acquisition of conservation trail easements in the Moody Gulch area with the understanding that the District can secure suf- ficient rights for the public to justify the use of regional funding. Board and staff representatives would be happy to meet with you as soon as convenient to discuss this matter. I suggest that you contact our General Manager, Herb Grench, to arrange a meeting. Director Katherine Duffy, who represents the District ward that includes the Moody Gulch area, will be our Board's primary representative to initiate these discussions. She can be reached at (408) 867-0508. We hope that this _ s important watershed area can be preserved. Sincerely, Edward G. Shelley Y President Board of Directors EGS:lm cc:MROSD Board of Directors I I 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 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C.SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 June 12, 1986 Division Engineer ineer U.S. Army Engineer Division, Huntsville Attn: HNDED-PM, ERDA P. 0. Box 1600 Huntsville, AL 35807 Subject: Almaden Air Force Station, Santa Clara County, California - Environmental Restoration Defense Account ERDA (now Defense Environmental Restoration Account DERA) - Toxic/Hazardous Waste Clean-Up To Whom It May Concern, The Midpeninsula Regional Open Space District has recently acquired property formerly owned by the Department of Defense, to wit: the Almaden Air Force Station in Santa Clara County, State of California. This site has been identified as being possibly contaminated with hazardous substances by environmental agencies, This District is requesting that this site be nominated on a high priority basis when budgeting funds for toxic/hazardous waste clean-up under the DERA program. Attached is the required nomination information relative to this former Air Force site. If you have any further questions regarding this matter, please contact me at the above address or call me at (415) 949-5500. sinc l L. a Britton', SR/ Land A quisition Manager LCB: lm cc:Leon Minetta, Member of Congress Rod Diridon, Supervisor, Santa Clara County rrBoard of Directors MROSD Stanley Norton, esq. . Herherf A r'r rrh PP-1 Manannr Rnard of(Jiraclnrr Kafhe inn MON Mnnaft.C N-..a.... t..e..,�.....sae®,.._.nc. .a.c rx:zr...., r_a.._...c_s,..ur,�..._ .w�..•___.. c._a:_..._..._._a:_. _. r . '�O?�'RTY �'O�'.EPLY us�n BY DOD DOD AC=�':s United States Air Force DOA ro: 0-7CGNTAy r DEI - Commander j ('ram-) 60th Air Bag G SLTE h :-t' ;;r--jq DgOY �,, Force Station: Almaden Air For e,CA94535 on (and GATR site) FO'48g L°3E BY DOD: Air Force Base, L�JCATICN (CZTYjCUCt To's e Communications facilitis and Fam'ly ing Area. _c i_T7/STATL)t 13 miles south of San lose Count o State of California . Santa ClarL T TLD J t • 9 S•R• lE, Section 7 see attache %OPc �u_ d a ?Iy .4-----SLY USED DOD - C1RR-;HTLY CONTROLLED BY t M�tRiOd De n} ins ula R e i ona l Open n b _—Eb.� Dis ic tY recorde 4/24/86 from Pnera7 . : AXE.; Mt. Um h (GSA) re . ALIAS . Z_ . ,�?z none e CAi£GOY p? ZAR,-: Toxic/Hazardous Waste; Name Other) nder round stor x U `••'�� =, :�xi;j:;otdrC�cL'3 a e tanks Drums of motor oil , solvents unknown materials; � aims and • buried tanks which contained these ' and mo as• _ fue oil g transformers with PCB contaminated oil , • ^ other unknown contaminates - and C':FMNT COINER POC (NA-ME/ADDRESS/PfIONE:); Mid eninsula Re Old Mi11 Office Center• Bld zonal e e District Mountain view, 94040 C. Suite 135 . 201 San Ant i CA 9 4 0 4 0 -�---��.�.c 1 e, 04HZR RELEvtiNT INFOP,4ATION: site map, District staff acquisition report (Photographs, c. ) Drawings, Pruperty !!se by Current Owners, Evidenca of Diacharg,e, etc. ) Quitclaim.Deed. and the followingcorres ondanc : letter dated 03/19/86 from Ralph Hod e Colon 04/18/86 of L. Crai B ritton 04/21/86 L. Crai Britton 0 4/21/$6 ..._...._-_ --------------------- ��_ Morgan, Whee r �r MIDPENI\SULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER.BUILDING C.SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN Viol.CALIFORNIA 94040 (415)949,5500 June 13, 1986 Santa Clara County Parks & Recreation Commission Pat Kammerer, Chairperson 22331 Alum Rock Falls Drive San Jose, California 95127 Subject: Sub e r � Richard E. Pospisil Life Estate Dear Members of the Commission, The XROSD suoz)orts the Department _ p ment of Park and R ecreation s recommendation to deny Mr. Pospisil's request to purchase 20 acres of parkland a*id relinquish further rights to a" life estate on the 120 acre property located at 16530 Stevens Canyon Road. In 1979, you agreed to purchase the 120 acre property from Mr. Pospisil for $225, 000 and to contribute up to $60, 000 for future i,—.)rover.+ents on the site. Mr. Pospisil entered into a Reserve Fife Estate agreement which he now would like to cancel. Instead he would purchase a flat 20 acre home site within the parcel. The property is part of a trail corridor between Stevens Creek County Park, Upper Stevens Creek County Park, and the District' s Monte Bello Open Space Preserve, The flat 20 acre home site has potential as a ranger residence and as a staging area for public trail access. The District has worked with the County in this area and committed funds for the purchase of a 40 acre adjacent parcel. Access to this District parcel is dependent upon the County retaining possession of the 120 acre parcel. For these reasons the District urges the County not to sell the 20 acre home site to Mr. Pospisil. Sincerely, Herbert Grench i General Manager G:lm cc: MROSD Board of Directors Claims No. 86-12 Meeting 86-16 Date: June 18, 1986 zz -mou1 It Name Description 9655 193.62 Del Woods Private Vehicle Expense 9656 614.54 Xerox Corporation Office- Supplies 9657 69.23 ZZZ Sanitation Company Sanitation Services 9658 25.00 Joyce Nicholas Reimbursement--Registration Fee for Docent Forum 9659 450.00 Convoy Company District Vehicle Equipment 9660 63.39 Herbert Grench Reimbursement--Conference Expense 9661 350.00 Raye Gircuard Patrol Services for June i i i i l I CLAIMS No.86-12 Feting 86-16 .MIDPENINSU A REGIONAL OPEN SPACE DISTRICT Date: June 18, 1986 C L A I M S A_ount Name Description 9620 403.84 Adia Personnel Services Temporary Office Help 9621 13.20 AmeriGas Tank Rental 9622 85.00 A-Tool Shed Field Tools 9623 51 .75 Bay Muffler District Vehicle Repair 9624 26.58 Matthew Bender and Company, Inc. Library Document 3b25 1 ,530.51 Big Creek Lumber Company Trail Materials for Purisima 9626 43.74 James Boland Reimbursement--Uniform Expense 9627 18.00 The California Native Plant Society District Membership 9628 231 .40 California Water Service Company Water Service 9629 1 ,500.00 John P. Estes Patrol/Caretaker for Mt. Umunhum 3630 97.37 Graphicstat, Inc. Artwork 9631 53.67 David Hansen Reimbursement--Conference Expense 9632 63.90 Land Trust Exchange Library Document 3633 315.43 Los Altos Garbage Company Dumpster Rental 9634 50.00 McElroy's Towing Towing Service 3635 397.29 Moore Business Forms Warning Citation Books 3636 233. 14 Nobel Ford Tractor, Inc. Tractor Repairs 9637 66.80 Stanley Norton April Expenses 3638 395.09 On-Line Business Systems, Inc Computer Expense 3639 298.08 Pacific Gas and Electric Company Utilities 9640 112.75 Peninsula Blueprint, Inc. Drafting Chair 9641 44. 14 Pitney Bowes Postage Meter Rental 9642 82.46 Reef Industries, Inc. Hazard Security Barriers 3643 2,500.00 Kurt L. Reitman and Associates Appraisal Services 9644 170.77 J. L. Rice Trucking Materials for Purisima 9645 1 ,000.00 B. J. Rickard Caretaker for Bullis Property 3646 132.84 Sanborn Security Systems, Inc. Locks for Office Cabinets 9647 96.00 , The San Mateo Times Newspaper Group Subscription 3648 170.00 County of Santa Clara GSA Radio Dispatching Service 9649 3,000.00 County of Santa Clara Monumentation Survey Work Office of the County Surveyor Los Gatos Creek Park 9650 44.00 Doris Smith Reimbursement--Seminar 5651 38.64 Skyline County Water District Water Service ";652 25. 15 David Topley Reimbursement--Door Repair 9653 373.64 TYpothetae Typesetting Yp g and Artwork 654 150.95 West Coast Boot Company Uniform Expense