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HomeMy Public PortalAbout19860910 - Agendas Packet - Board of Directors (BOD) - 86-21 < .�, . ,-.• ~� icing' 86-21 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 7 :30 P .M. REGULAR MEETING Old Mill Office Center Wednesday BOARD OF DIRECTORS 201 San Antonio Circle September 10 , 1986 Building C-135 A G E N D A Mountain View, CA (7 :30) * ROLL CALL APPROVAL OF MINUTES (August 13, 1986 ; August 27 , 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY j (7 :45) 1. Acknowledgement of Contributions by Retiring Docent Doug Erskine to the District -- D. Hansen Resolution of Appreciation to Douglas Erskine BOARD BUSINESS (7 :50) 1. Final Adoption of the Revised Use and Management Plan for the Page Mill Road Area of Monte Bello Open Space Preserve -- D. Hansen (7 :55) 2. Final Adoption of the Interim Use and Management Plan for the Zand Property Addition to the Thornewood Open Space Preserve --- D. Hansen (8 : 00) 3. Final Adoption of the Revised Use and Management Plan for the Duveneck Windmill Pasture Area of Rancho San Antonio Open Space Preserve and for Foothills Open Space Preserve -- D. Hansen (8 :05) 4. Proposed Peters Property Addition to the Russian Ridge Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement - Bargain Sale, 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 (Russian Ridge Open Space Preserve - Peters Property) Resolution Authorizing Acceptance of Agreement to Extinguish Cloud on Title to Real Property, Authorizing Officer to Execute Certificate of Acceptance of Quitclaim to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Russian Ridge Open Space Preserve - Peters Property/Bullis Interest) 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 to Closing of the Transaction (Russian Ridge Open Space Preserve - Peters Property) 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 (8 :45) 5. Proposed Luckenbach Property Addition to Limekiln Canyon Area of Sierra Azul Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Luckenbach et al. ) (8 :55) 6 . Proposed Dyer Property Addition to the La Honda Creek Open Space Preserve (Amendment to Agreements) -- C. Britton Resolution Authorizing Acceptance of Amendment to Agreement to Purchase Real Property (Extension of Time for Closing) 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 Amendment to Agreement to Purchase Option to Purchase Real Property (Extension of Time for Closing) and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Trans- action (La Honda Creek Open Space Preserve - Lands of Dyer) (9 :10) 7 . Public Notification Policies -- H. Grench (9 :25) 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're conce&ned with appeau on the agenda, the Chai& witt invite you to addAesz the Boated at that time; on others matteu, you may addkuz the Boated unde,% Otat Communicationz. An aZte,%native iz to comment to the Board by a Written Communication, which the Boated appteciata. Bach .6peakeA witt oAdinaAity be timited to 3 minute. When Aecognized, ptea6e begin by ztating your name and addtus. We tequut that you 6itt out the 6otm provided and puzent it to the Recotding SecAetaty zo that your name and addkess can be accuAatety inc sided in the minute. NOTICE OF PUBLIC MEETINGS A public meeting has been scheduled for discussion of the Hassler Open Space Preserve on September 9 at 6 P.M. at the Preserve. Con- tact District office at (415) 949-5500 for details. A Budget Committee meeting has been scheduled for Noon, September 10 , 1986 at the District office: The public is invited to attend. Meeting 86-19 .4 xt e ; 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 AUGUST 13 , 1986 MINUTES I . ROLL CALL President Edward Shelley called the meeting to order at 7 : 40 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, Mary Hale, Stanley Norton, James Boland, Del Woods , Craig Beckman, and Emma Johnson. II . APPROVAL OF MINUTES A. July 23 , 1986 Motion: T. Henshaw moved the approval of the minutes of July 23, 1986. R. Bishop seconded the motion. Discussion: D. Wendin requested the minutes show under Written Communications that Robert Zatkin made an oral report, using slides to illustrate his comments , in addition to his written communication regarding downed trees at Purisima Creek Redwoods Open Space Preserve and his proposal for use of the wood. T. Henshaw accepted the amendment as part of her motion and R. Bishop agreed to the addition. The motion passed 6 to 0 with E . Shelley abstaining because he was absent from the meeting. III. WRITTEN COMMUNICATIONS E. Johnson reported that the Board received a communication from David Fork, 30 Summit Road , Woodside urging the District to obtain the Peters property through negotiations or eminent domain if necessary. E . Shelley stated the Board' s concurrence that staff should acknowledge and respond to the letter. N. Hanko initiated discussion on the announcement from San Mateo County Planning Commission included in the packet. H. Grench said that he had been contacted by a planning staff member of San Mateo County asking for an informational presentation on current projects of the District. He said it seemed to be a low-key meeting, with only staff members attending, but subsequently he learned that it could become more formal. He added that it may be advantageous for a Board member to attend. E. Shelley said he would do so. R. Bishop added that a new Planning Director for San Mateo County had been appointed. Meeting 86-19 Page. two IV. ' OrAL COMMUNICATIONS There were no oral communications. V. ADOPTION OF AGENDA E. Shelley stated the agenda was adopted by Board consensus. VI. BOARD BUSINESS A. Appointment of Peace Officer (Report R-86-62 of August 4, 1986) J. Boland introduced Craig Beckman, the newest District Ranger, who had completed the necessary courses required under the Penal Code to qualify as a peace officer. Motion: K. Duffy moved that the Board adopt Resolution 86-44, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing C. Beckman as a Peace Officer. T. Henshaw seconded the motion. The nation passed 7 to 0. B. Final Adoption of the Interim Use and Management Plan for the Davidson Property Addition to the El Sereno Open Space Preserve (Report R-86-57 of July 24 , 1986) D. Hansen stated that escrow had closed on the property and that staff had received no public comment. Motion : K. Duffy moved that the Board adopt the Interim Use and Manag=:: ment Plan, name the property as an addition to the El Sereno Open Space Preserve, and withhold the property from dedica- tion as public open space . R. Bishop seconded the motion. The motion passed 7 to 0 . C. Final Adoption of the Interim Use and Management Plan for the Cunning- ham Property Addition to the Rancho San Antonio Open Space Preserve (Report R-86-58 of July 24, 1986) D. Hansen said that escrow had closed on the property. He said staff received a communication from Mrs . Merrell Glaubiger who owns a road easement that crosses the property and who was interested in District plans . D. Hansen said Land Management staff will contact Mrs. Glaubiger. Motion: R. Bishop moved that the Board adopt the Interim Use and Management Plan, name the property as an addition to the Rancho San Antonio Open Space Preserve, and indicate its intention to dedicate the property as public open space. K. Duffy seconded the motion . The motion passed 7 to 0. D. Final Adoption of the Revised Use and Management Plan for San Mateo County Baylands Reserve and Stevens Creek Shoreline Nature Study Area (Report R-86-63 of August 6 , 1986) D. Hansen reported that minor changes were made to the summary charts to reflect the Board 's discussion at its last meeting about direc- tional signs to Stevens Creek Shoreline Nature Study Area in Shoreline Park. He said that staff is proposing a name change for the San Mateo County Baylands Reserve. He added that the Cities of East Palo Alto and Menlo Park would be advised of the proposed change, and the name change if tentatively adopted by the Board would be contingent upon the Cities ' concurrence. D. Wendin suggested that the Board tentatively adopt the name change and formally adopt it at a later date. Meeting 86-19 Page three Motion: N. Hanko moved that the Board adopt the Revised Use and Management Plan for the San Mateo County Baylands Reserve and the Stevens Creek Shoreline Nature Study Area as presented in the July 17 report as amended per report R-86-63 and tentatively adopt the proposed name change for the San Mateo County Baylands Reserve to the Ravenswood Open Space Preserve with the understanding that the name change will be presented to the Board in a two-month period for final consideration. R. Bishop seconded the motion. The motion passed 7 to 0. E. Results of Questionnaire on Brown Act, Sphere of Influence and Annexation (Report R-86-59 of July 24 , 1986) D. Wendin noted that the Committee had met two times to review and summarize the questionnaires that Board members had completed. He said the questionnaire had clarified the following thirteen results for further discussion by the Board : 1. "All Board members accepted the fact that there should be a list. Twenty acres was the only alternative given as the threshold for inclusion and this seemed acceptable to everyone. We should at least touch on whether a different threshold should be used but staff believes that twenty is workable." R. Bishop suggested that this item be accepted by consensus. H. Haeussler, 1094 Highland Circle, Los Altos said that he felt that a Legislative Analyst in Sacramento had stated that there should not be a list and that the notification should be done individually. E. Shelley said that the Committee had received the analyst' s report, and N. Hanko added that the District had received a letter from the bill' s author Senator Keene who suggested use of the list as a way of complying with the Brown Act. D. Wendin said the Committee had concluded that the Legis- lative Analyst's opinion supported using the list. R. Fisse, South Skyline Association, Star Route 2 , Box 402, La Honda, said the list, if used, should be more specific and con- tain better ways to identify property owners or use parcel numbers. D. Wendin recommended adding the item for consideration by the Committee. Kathy Kennedy-Miller, Kings Mountain Association, 16222 Skyline Boulevard, Woodside stated the Association ' s belief that use of the list violates the spirit, if not the letter, of the Brown Act and alienates landowners in her area. N. Hanko said she voted to retain the list so it may be used as a positive tool to invite persons in the District' s planning area to participate. R. Bishop said the list will not be as encompassing as the orig- inal ' P g list and that he thought there will be ways for landowners to be removed from the list. K. Duffy said the District cannot buy land without the landowners knowingabout bo t it. She said she strongly favors the list a g Y s it is necessary for the Board to be involved in land negotiations . D. Wendin added that without the list the Board would have to delegate to staff all land negotiations or negotiate publicly. E. Shelley stated that the Board will be making suggested changes to the Committee's report , adding that there would be Meeting 86-19 Page four no formal adoption of any policies during the present meeting. D. Wendin added that the Committee will draft a proposed policy consistent with the Board' s discussion to present at a later time. 2. "The key issue relative to the list is what criteria to use in creating exceptions (if any) to inclusion on the list for proper- ties which exceed the threshold acreage. Each of the following should be discussed as potential criteria for an exception, operating alone or with one of the others: fla. Properties in clearly defined developed communities, with or without a request to be removed. (If this is to be an excep- tion then we must discuss the issue of how to handle the time before this concept has been defined, at the earliest some- It time in 1987. This is the subject of paragraph 3 below.) "b. Subdividable versus not subdividable. VIC. Improved versus unimproved." D. Wendin asked the Board to discuss criteria for being removed from the list. N. Hanko stated she may vote to permit property owners in developed communities to be removed from the list but, until a de-Lcinition of developed community is clear, she favors keeping the list in its present form. D. Wendin said that when the concept of developed communities is defined in 1987 those properties should not be on the list. He recommended . accepting 2a, leaving open the question of whether removal is automatic or by request, but he said he favored automatic removal. K. Duffy expressed her agreement, adding that if the District is discussing acquisition with a member of a community, the other members of the community would want to know about it, especially if trails are involved. She said that she would support auto- matic removal from the list and that any discussions with those landowners would then be publicly announced if discussed in Closed Session. N. Hanko said alternative approaches would be allowing those who live in developed communities to request to be removed or agreeing to continue to be on the list. R. Fisse said he supports removing names of people in developed communities from the list. R. Bishop said that if landowners are removed from the list, the District must make a public announcement if their land is going to be discussed in Closed Session. K. Duffy said that there are various small parcels on the map labelled vsP that are on the list and not intended to be. E. Shelley stated the consensus of the Board favoring 2a and suggested that removal from the list be automatic for land- owners in developed communities . H. Grench said that many landowners do not like to have their negotiations made public prior to appearing on an agenda and suggested a potential criterion for removal from the list be '.1eeting 86-19 Page five at the request of the landowner. He said staff favors that option to protect the privacy of the landowner and facilitate negotiations. E. Shelley suggested that all landowners in developed communities be off the list unless there is a request to be on. D. Wendin stated his support. E. Shelley continued that if someone wishes to be added to the list, the Board would have to make the public aware that the list is being amended. K. Duffy said that developed communities should be removed from the list with no subsequent additions from that community. Kathy Kennedy-Miller stated that landowners in developed communi- ties should be able to be removed from the list. R. Fisse stated his agreement that persons should be able to request to be put on the list at the time of negotiations so no public announcement would have to be made. R. Bishop felt that that would be defeating the purpose of the list and said he favors including developed communities on the list until individuals request to be removed. E. Shelley stated the consensus of the Board favoring exceptions to inclusion on the list for developed communities , but said there was no clear consensus as to how landowners get off the list. The Board took a straw vote on the three options : (1) Everyone in developed communities off the list with no options . K. Duffy and T. Henshaw voted aye for this option. (2) Anyone in developed communities can be off the list by request. R. Bishop and N. Hanko, who said she could vote for 2 or 3 , voted aye. (3) Everyone off the list unless they request to be on. E. Shelley, D. Wendin, H. Turner and N. Hanko voted aye. E. Shelley stated the Committee will have to return to the Board with options . K. Duffy said the only exclusion she favors is a developed community or parcel under 20 acres. N. Hanko agreed and added that if a parcel is not subdividable it should not be on, but qualified her statement saying there may be some value to keeping the properties on the list unless there is a request to be removed since some landowners may wish to deal with the District in that fashion. R. Bishop said there would be a problem in determining which parcels are subdividable . N. Hanko expressed her agreement. E. Shelley stated he concurred that the only exceptions would be properties under 20 acres or in developed communities . 3. "If properties in clearly defined- developed communities are candidates for removal from the list, then we need to discuss what policy to have before that concept has been defined. The following possibilities should be discussed: Ila. Wait - the properties remain on the list (unless they meet another exception, if any) . "b. Interim criteria can be adopted such as one or more of the following, recognizing that the property may be returned 86-19 Page six to the list after the concept has been defined: i) By request of owner ii) Based on acreage iii) Occupied iv) Owner occupied v) Subdividable versus non-subdividable" D. Wendin stated that the only issue is what Board policy should be between the present and arriving at a definition of "clearly defined community. " He said he favors keeping the properties on the list unless another exception is met, and a letter should be written to landowners explaining what is happening. T. Henshaw stated her agreement with the proposition to wait, but said she does not favor sending letters which would create misunderstandings. K. Duffy stated she favors waiting, and R. Fisse said South Sky- line Association favored that waiting option. E. Shelley stated the Board' s consensus for 3a. 4. "For properties not on the list there was no consensus as to when to announce that the property will be discussed in Closed Session. The choices presented were at the beginning of the meeting and just before the Closed Session. There was little support for listing the properties on the agenda." D. Wendin stated there was no consensus in the questionnaire responses on when to announce that a property would be discussed in Closed Session. E. Shelley stated he favors announcing at the beginning of a Board meeting. He said to list a property on an agenda would require too much advance notice and believes an announcement at the end of ameeting would be against the spirit of the Brown Act. T. Henshaw said unless it is on the agenda the public is not being informed since the public would have to attend every meeting to hear an announcement. E. Shelley responded that the Brown Act does not state notification needs to be on an agenda. K. Duffy said she favors an announcement at the beginning of a Board meeting since it does not announce an agenda item but states what the Board will consider in Closed Session. D. Wendin added his agreement. N. Hanko expressed support for putting the information on the agenda. R. Fisse said he supported an announcement at the beginning of a meeting and H . Haeussler suggested stapling the information to the agenda. E. Shelley said his suggestion would be referred to the Committee. E. Shelley noted that the consensus of the Board was to have an announcement at or near the beginning of a meeting. S. "There was also no consensus as to how the property owner should be given notice for a property not on the list. The issues to be discussed are the form of the notice (written versus oral) and the time in advance of the meeting that the notice is to be given." Meeting 86-19 Page seven D. Wendin noted the question concerns two situations , one in which the owner is aware that the property is being discussed and one in which the issue is the notice to the owner who has not approached the District and the District wishes to approach the individual. E. Shelley stated he prefers status quo and that the District should not specifically notify a landowner who has property that will be discussed. D. Wendin said it may be counterproductive if the landowner learned from another source and said he feels individuals should be notified. E. Shelley said that the notification should not be a requirement, but could be general policy. N. Hanko said she favors written notice because proof is needed that the owner has been contacted and the question- is how much advance notice is needed. H. Turner said he favors giving advance oral notice to an owner and, if oral notice is unsuccessful, a written notice should be sent. C. Britton stated it would be undesirable to require written notice and that 99% of the time the District attempts to reach landowners. R. Bishop suggested an oral notice should be attempted and, if that is not possible, a letter should be sent. D. Wendin said that requiring a particular kind of notice would be restrictive, and that the method of notification should be determined by staff so as to be certain that all owners have advance notice of meetings, but in any event the owner should be notified after a meeting. K. Duffy agreed that every attempt should be made to notify the owner. Kathy Kennedy-Miller stated that written policy should require notification in writing or orally. E. Shelley stated the Board's consensus that a general policy be that an attempt be made to notify the owner but that the inability to do so would not negate the right to carry on dis- cussions about the property. N. Hanko asked for direction as to the amount of time in advance of meeting that notice be given. E. Shelley suggested no specified time be used since it is not possible to know when the appropriate time will be. R. Bishop agreed and added that it is important that the landowner not find out after the meeting that the property was discussed. 6. "There was little support for additional notice of planned discussions for properties on the list , either to the public or the property owner ." D. Wendin noted that only one Board member supported additional notice of discussions for properties on the list . There was no additional discussion of this item. Xeeting 86-19 Page eight The Board recessed at 9 : 30 P.M. and reconvened the meeting at 9 :43 P.M. D. Wendin proposed consideration of item 9 before item 7 . 9. "There was a consensus that publication of changes in our policies relating to the Brown Act should be similar to that for changes to our eminent domain policy, which includes written notice to owners of properties on the existing and future list." T. Henshaw suggested that sending a letter to persons on the list would be premature until a clear definition of developed community can be included so that confusion and misunderstanding can be avoided. D. Wendin said that all persons on the current list will receive the District' s new land acquisition brochure which will include Brown Act issues . He suggested a carefully drafted cover letter be sent explaining what the District intends to do and a schedule of the procedure. R. Fisse agreed that a cover letter should be sent explaining what the list is prior to sending the brochure. D. Wendin pro- posed that the list not be sent out but that landowners be notified that they are on the list, what it means to be on the list (which will be available at the District office) , and the District's policy on the Brown Act. He added that the list will be readopted by the policy now being defined. Beez Jones , 16891 Stevens Canyon Road, Cupertino, suggested that the list have more detail such as parcel numbers. Kathy Kennedy-Miller said that sending out either a list or a letter without the other would alarm landowners . D. Wendin explained that after a policy is adopted by the Board, staff will apply the policy to the existing list, adding or de- leting according to the policy, followed by Board adoption of the list. T. Henshaw said she agreed with that approach. E. Shelley stated that any future changes in the policy on the Brown Act should have the same notification policy as eminent domain. E. Shelley and K. Duffy stated they do not support mailing the list. K. Duffy said that the list must be adopted annually and that the list must be posted. E. Shelley said that it would be necessary to remail the list each time a name is added if it is sent out initially. S. Norton stated it would be inadvisible to put the District in a position where , because of annual revision of the list, the District would also have to send out the notification annually. R. Fisse said that an initial mailing of the list would be help- ful, and advocated individuals having the opportunity to make corrections . D. Wendin suggested the Committee consider his proposal . E. Shelley stated the consensus of the Board to accept the statement in item 9 , referring the possible mailing of the list at least once to Committee for study with input from staff . He Meeting 86-19 Page nine stated the consensus of the Board to send out notification with a packet of information on eminent domain and Brown Act policies . H. Grench reviewed his understanding that the brochure on land acquisition will cover eminent domain, the Brown Act, and other matters regarding acquisition and that it will be sent, along with a letter stating the recipient is on the list, to landowners. D. Wendin responded that if timing is such that the brochure is ready when the adopted list is, he agreed with H. Grench's state- ment; but he supports sending out a special mailing as soon as the list is adopted. E. Shelley expressed his disagreement and said the mailing should not go out until the brochure can be included. D. Wendin responded that adoption of the list could possibly be delayed until the brochure is ready. H . Grench said the brochure is expected to be completed this fall. 7 . "There was unanimity that the list should be re-adopted at least annually." D. Wendin said the Board unanimously supported re-adopting the list at least annually. He suggested deleting "at least" and working with staff on the schedule and timing. E. Shelley said that, while the master list must be adopted annually, the deletion or addition of names to the list must be by Board action. 8. "The potential of seeking additional legislation needs discussion. There was no consensus on this subject." D . Wendin said there was no consensus on the item. E. Shelley suggested using for a year or two the policy that will be adopted and if it proves too cumbersome, seek legislative relief at that time. R. Bishop added his agreement . No disagreement was expressed. 10. "a. There was a strong consensus supporting use of any mode of acquisition for properties at least 50% within the District. "b. For properties less than 50% within the District, there was a consensus on accepting gifts and in participating with other agencies on trails and open space easements. The other forms of acquisition had medium to strong support but not a consensus and therefore need discussion. Pic. For properties wholly outside the District, there was little support for acquisitions of any kind except by gift (strong consensus) or as part of a joint project (no consensus - needs discussion." D. Wendin explained the issue involves parcels only partially within the District and not wholly within the District ' s Sphere of Influence. He said it is assumed that the District will feel free to acquire properties that are wholly within the Sphere of Influence, whether or not within the District. He said there was a strong Boar'" consensus for use of any mode of acquisition of properties at least 50% within the District. E. Shelley suggested that the policy state that the District will acquire land that is partially within the District by any mode, adding that the 50% figure is arbitrary. 86-19 Page ten N. Hanko, suggested language stating that the District would be willing to use any mode to acquire land that is principally within the District, and have certain restraints on acquisition of land that is partially within the District. E. Shelley responded that if the part that is within the Sphere of Influence is determined to be very important (even if only 10% is within the Sphere of Influence) it is not a negative as though the District were expanding and enclosing something else that is not at all in the Sphere of Influence . N. Hanko responded in agreement, noting that the portion need not be 50% within the Sphere of Influence. R. Bishop said that if the policy is too restrictive it may keep the District from acquiring land that is very important. H. Turner voiced his agreement. R. Fisse said that he supports being able to negotiate with a willing seller if any portion is within the District's Sphere of Influence. E. Shelley stated the Board's consensus on acquisition of property by any mode if any portion of the property is within the District's Sphere of Influence . H. Grench said he hoped that the policy statement will give leeway to make decisions on individual cases such as gifts or part of a joint project. E. Shelley said to be consistent with the intent, more policy needs to be spelled out with respect to gifts or partial gifts. E. Shelley stated the Board' s opinion that it supports acquisi- tion by gift or significant bargain sale and by participation with other agencies where the other agency is the lead agency. R. Fisse said he did not agree since it leaves an opening for the District to acquire land completely out of the District's Sphere of Influence. D. Wendin and T. Henshaw said they could not support the language since they don't know where to draw the line. E. Shelley said that the definition of significant is relative. D. Wendin suggested that the Co=itteee consider the issue. 11. "There was aconsensus that minor extensions of the District's Sphere of Influence could be approved by our Board and LAFCO. However, there was a split on whether Board and LAFCO approval is enough for major extensions or a District-wide vote is required." N. Hanko said she favors having voters approve a major extension of the District' s Sphere of Influence. D. Wendin said that LAFCO would be a check, assuring that any major extension would be in the public interest. K. Duffy said that a vote of the people within the District would not protect the people where expansion is being considered. E. Shelley said LAFCO was established to control expansion of that sort and that the District should not go beyond what the rest of the local government does . Meeting 86-19 Page eleven H. Turner said that any significant major expansion should . be beyond the power of the public 's representatives and should be sanctioned by the public who would pay for it. S. Norton said there are limits to what the District may put on the ballot, for example an advisory vote. He said he would research the question before the Committee meets again. H. Grench said that LAFCO could require a vote for annexation, but as far as he knew not for extension of a Sphere of Influence. R. Fisse said he would like to see any major expansion be voted upon by persons in the expansion area. D. Wendin stated that an expansion of major significance will occur when there is support for it and recommended being silent on the issue of elections. He recommended that an explanation of the existing procedure and law on Sphere of Influence be included in the forthcominq brochure. E. Shelley and R. Bishop agreed that the existing law should be the guide and that a policy statement is not required. 12. "The Board seemed to respond to the annexation questions with a consensus as follows : #Va. Our Board will not initiate an annexation without the con- sent of all property owners involved. "b. An annexation initiated by petition or LAFCO will be considered by our Board." E. Shelley noted the Board' s consensus with items 12a and 12b. K. Duffy said the question should not be addressed since the future is not known. 13. "The difference between major annexations and minor ones was not brought out in the questionnaire. This needs discussion, , especially the issue of whether a District-wide vote will be required for major annexations." D. Wendin asked S . Norton for an opinion on whether the District could have a vote of the existing District on a major annexation without the vote of the people in the area to be annexed. D. Wendin asked staff to make a statement to the Committee on whether to include parcel numbers on the list. F. Review of Use and Management Plans for the Duveneck Windmill Pasture' Area of the Rancho San Antonio Open Space Preserve and for the Foot- hills Open Space Preserve (Report R-86-64 of August 5, 1986) Due to the amount of time in discussion of the previous agenda item, the Board concurred to continue the agenda item. Motion: D. Wendin moved that the Board continue the agenda item to the next Rbgular Board meeting. T. Henshaw seconded the motion. The motion passed 7 to 0. G. Program Evaluation for 1985-1986 Fiscal Year (Report R-86-61 of August 1, 1986) Motion: D. Wendin moved that the Board continue the agenda item to the next Regular Board meeting. T. Henshaw seconded the motion. The motion passed 7 to 0. _..eeti-g 86-19 Page twelve H . :authorization to Solicit Bids for Public Access Improvements to Purisima Creek Redwoods Open Space Preserve (Report R-86-65 of august 13, 1986) D. Hansen reported that CalTrans and the San Mateo County Planning Commission are reviewing plans for two Skyline Boulevard parking areas for the Preserve . He said that San Mateo County staff has concurred with District staff that CEQA procedures have been sufficiently executed for the improvements . He referred to diagrams of the upper lots displayed on the wall. D. Hansen added that the lower lot area improvements will be completed with force account wcrk,. but that the lower lot cannot be surfaced without further County approval. :fiction : T. Henshaw moved that the Board authorize staff to adver- tise for bids for the construction (improvement' of two parking areas in accordance with plans and specifications presented at the meeting. R. Bishop seconded the motion. Discussion: K. Duffy expressed her concern that staff might not go ahead and implement the lower parking lot. D. Woods said the area where cars are now parking can be used, and that everything but resurfacing will proceed. The motion passed 7 to 0. I . Cc-Sponsorship of Regional Conference: "The Greenbelt 's Public Lands; he Next Twenty Years" (Report R-86-60 of July 28 , 1986) H. Grench recommended that the District co-sponsor the conference, but since the District is not directly involved as a co-host he could not recommend a financial contribution because of the prece- dent it might set for dealing with other future requests from other organizations . He said he hoped some of the Board members could attend. Notion: R. Bishop moved that the District co-sponsor the People for Open Space Conference and that the District not make a financial contribution. T. Henshaw seconded the motion. The motion passed 7 to 0 . INFO R-YAT IONAL REPORTS H . Hanko announced that the staff and docent recognition event will be held from 4 PM to 7 PM on September 14 at Picchetti. T . Henshaw reported poison oak is heavy at Picchetti. She also requested that the Budget Committee resume its meetings as soon as possible. Mary Hale reported that staff had met with officials of the Town of Los Gatos concerning the public event at Los Gatos Creek Park and noted three possible dates , October 11, 12 , and 18 , had been discussed. She polled the Board on their availability on the dates proposed. D . Hansen reported that he anticipates the Monte Bello Road issue at Picchetti will likely be presented to the Board at the first meeting in September. He said that Santa Clara County staff has prepared three potential alignments for a solution, but that District staff suggests the County delay construction and investigate retaining the temporary by-sass while further studies are done on a more permanent solution that inci-_taes stabilizing the creek area. D. Woods mentioned that the County agreed to consider the Possibility of stabilizing the existing by-pass road=,7 for or winter use. He said that the old road may be reinstated if the d_ai_-_age problem is worked on and if the temporary road is maintained as a back-up. This will give County staff time to conduct further studies and '-Ic-"ings of the area. Yeeting 86-19 Page thirteen H . Grench reported that a public field trip will be conducted at Hassler on September 9 . R. Bishop said that he would attend. VIII. CLAIMS Motion: R. Bishop moved approval of Revised Claims 86-15 . T. Henshaw seconded the motion. The motion passed 7 to 0. IX. ADJOURNMENT T*.--ieBoard adjourned the meeting at 11: 35 P.M. There was no Closed Session. Emma Johnson Secretary CCs UNS No. 86-15 meting - 86-19 MIDPENIN, A REGIONAL OPEN SPACE D1_-t'RIC2 Date: August 13, 1981 C L A I M S REVISED �'-ount Name Description °811 226.69* ANR Freight System Delivery Charges r'7 r i 5312 3a1 •79 AT&T Information Systems* Group Telephone Equipment ni r 8 .00 Automatic Solar Covers, Inc. Pool Cover Repair--Bullis .1 10C.00 Scott Buschman Photographs ��i� 1 ,�ic.80 Cal May Trail Surfacing Material 931-0 1 , 00.00 California Advocates, Inc. Legislative Consultant Fee--July 931� 22.26 Patrick - . , Con d 9 on Privat e Ve hicle Expense 1 106 .27 Crest res t es Co i P Inc. Bluelines 9819 183.92 Alice Cummings Reimbursement--Meal Conference and 382C 0,�00.00 DANA Property Analysis Private Vehicle Expense P Y Y Appraisal Services 3821 326.35 The Darkroom Enlargements and Photo Processing 3822 25.84 Discount Office Supply Office Supplies 3C23 162.45 El Monte Stationers Office Supplies 982'= 95.10 Emed Company, Inc. Hazard Signs 3%25 2C.00 Federal Express Corporation Express Mail 3820 40-74 Jean Fiddes Private Vehicle Expense 3827 55C.00 Foss E Associates Personnel Consulting Fee--July 3C20 15.95 Fulcrum, Inc. Library Document 9823 150 .28 Herbert Grench Reimbursement--Meal Conference and Out- of-Town Meeting Expense 9830 90. 13 Walter Goggin Private Vehicle Expense 383, 51 .75 Graphistat, Inc. Artwork 3832 350.00 David M. Griffith, Assc. , Ltd. Consulting Fee--SB90 ?833 67.83 Mary Gundert Reimbursement--Postage and Private Vehicle Expense 383` 15. 15 Harbinger Communications Computer Expense 3835 5,C00.00 J. M. Construction Bridge--San Mateo County Baylands 3?3 CS2 ,=19.70 . Jeffries Banknote Company Printing--1986 Note Issue 3837 525 .00 Los Altos Garbage Company Dumpster Rental %c3c 24/ .00 Miracle Auto Painting District Vehicle Repair 226.43 Mobil Oil Company Fuel and Repairs for District Vehicles 50.00 Charlotte J. MacDonald Consulting Fee Meredith Newspapers Legal Advertisements 47.25 National Recreation and Park Association Subscription =3 -1 . 35 Joyce Nicholas -- Reimbursement--Recognition Pins Issued as Emergency Check on July 22, 1986 Claims No. 86-15 Meeting 86-19 f Date: August 13, 1986 no u t n: Name REVISED Description 7.00 Noble Ford Tractor Ind. > Repair Parts for Tractor 0114 �. 20.85 Norney's' Office.Supplies �3L6 756.54 Pacific Bell Telephone Service %3447 5,35=:.93 Pacific Financial Printing Official Statement Printing--1986 Note 5343 223.25 Pacific Gas and Electric Company Utilities - S349 3.85 Peninsula Blueprint, Inc. Bluelines 9350 385.09 Petters Office Furnishings File Cabinet 5351 250.00 Real Gas Electric Company, Inc. Consulting Fees 5852 22.09 Rancho Cobbler and Cleaner Uniform Expense 5353 75.31 Rancho Hardware Field Supplies %'854 251 .45 Redwood Trade Bindery Brochure Folding 9355 500.00 B. J: Rickard Caretaker--Former Bullis Property 53�6 20.85 Roberts and Brune Company P Y Field Supplies - 5357 750.00 San Mateo County Application Fees--Purisima Parking Area 5353 27.30 David Sanguinetti a�-� Private Vehicle Expense 73°.98 Scribner Graphic Presshi v.1 Printing - 5360 14.72 Sears, Roebuck and Company P Y Field Supplies 5351 226.84 Service Printing Company Election -Forms .tea= 5, 150.00 Eugene Sheehan ConsultingServices--Trail-- Trail Construction ."--3 1 , 125.64 John Sheldon, Inc. Culverts for Purisima C`"�' 57-01.41 Shell, Oil Company P y Repairs and Fuel for District Vehicles 9y65 5,500.00 Standard and s Corporation oration Bond Ratin � P 9--1986 Note Issue 5355 554.00 Trail Information and Volunteer Center Volunteer Trail Construction 93'7 1 ,950. 56 Rod Tripp Range Consultant S �ro 10.00 U S Rentals Equipment Rental ..:zI,V 65:8a 11n4vef5+ty-ef-Ga4+fera3a 5emrnar--8e +s-Sep+tb - Canceled °'70 52.43 Vallen Safety Supply Company Field Supplies 5371 524.00 Value Business Systems Y Ifach i ne Maintenance 372 114.24 Sandy Voorhees Private Vehicle Expense %3 23. 30 Western Elections Election Forms 74- 3,242. 10 Western Fire Equipment Company Fire Fighting Equipment 5c75 7°. 59 Del Woods Private Vehicle Expense 1 .=50.00 Yeager Ford Tractor, Inc. Equipment Rental Ortha Zebroski Landscape Architect Consulting Fees '�" 32•03 Kevin Zirzow Reimbursement--Uniform Expense Claims No. 86-15 Meeting 86-19 - Date: August 13, 1986 REVISED Amo iri t Name Description 9379 125,000.00** Big Creek Lumber Company, Option Payment--Hosking 93E0 I65,000.00=' ` The Alan. Hosking Ranch, .lnc. Option Payment--Hosking 5881 10,000.00** The Alan Hosking Ranch, Inc. Option Payment--Hosking 5382 972.00 Glenn Smith Consulting Services 0383 22$.51 Petty Cash Office and Field Supplies, Meal Conferences, Seminar and Private Vehicle Expenses Total of $300,000.00 Option Payment for Hosking property as previously approved by the Board on February 26, 1986. Claim No. 9881 is for gate installation. R-86-79 (Meeting 86-21 AA September 10 , 1986) AF Ah or_ OF- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 4, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Nicholas, Coordinator of Volun- teer Programs SUBJECT: Acknowledgement of Contributions by Retiring Docent Doug Erskine to the District Doug Erskine has retired from the District 's docent program after ten years of enthusiastic, dedicated volunteer service. Doug is the only remaining member of the first group of docents , formed in 1976 , who is still active in the program. He has given hundreds of hours leading walks and hikes as well as training new and old docents, sharing his extensive knowledge of the flora of the Preserves. His wit, enthusiasm, and expertise have been enjoyed by many visitors to Open Space Preserves. See the attached article about Doug from an issue of "Openspace" . Doug will be missed, but we wish him and his wife Leila well in their new home in Santa Rosa. No doubt they will soon be busy exploring other Northern California open spaces. I recommend that as a Special Order of the Day you adopt a Resolution of Appreciation (attached) acknowledging the generous contribution of Doug Erskine to the District. Doug will be on hand at your docent/ staff recognition event on September 14 to receive the Resolution. DOUG ERSKINE: The District's First Ten-Year Docent , A familiar sight on Open Space trails California. He immersed himself in 2 is Doug Erskine, wearing his vest the study of the subject, and has .�. with all the pockets. A sandwich fits been an active California Native in one pocket, an orange in another. Plant Society member, serving as His hand lens is tucked in a small, the local chapter's president. hand lace, and his co of John Except on Tuesdays, when he .. 4 ` Y P PY P Y r 1f Thomas' Flora of the Santa Cruz volunteers for Recording for the Mountains of California is always Blind, Doug has led countless inter- accessible in the big back pocket. pretive hikes on several of the trails �'�� �64.. When the District's docent pro- of the Preserves. He has done his t� i-=iw gram was organized by Ellie share of pointing out San Andreas - Huggins in 1976, Doug was a mem- Fault features at Los Trancos, but ber of the first small group of the sharing of information about the I: docents. He is the only one of that native trees, shrubs and wildflowers group still active in the program. is his specialty. For several years he This year marks the tenth year Doug made almost weekly visits to the Erskine has volunteered as a District Waterwheel Creek Trail area of - _ docent. Monte Bello Open Space Preserve An attorney for 20 years for one of and helped prepare the plant inven ; '•'�s *}, - .�a the oil companies, Doug and his wife tory of Black Mountain. In the class- Leila and three children lived 8 years room using his slides, and in the in Saudi Arabia. After his retirement field, he has helped teach 8 or 9 �•+ �' ' here, he and Leila attended a Cal- classes of new docent trainees. ifornia Native Plant Society event; Doug is a very special volunteer. ' � -- k#.=�s"'?'*'� " 4 A this was the beginning of Doug's He holds the distinction of being the �� .. interest in the native plants of District's first Ten Year Docent. Photo by Carolyn Caddes openspace BULK RATE U.S. PO`Ty aA A Publication of the PAID Midpeninsula Regional Open Space District Permit NO 560 375 Distel Circle, Suite D-1 Los Altos{CA Los Altos, CA 94022 i Address correction requested Forwarding and return postage guaranteed. R-86-80 (Meeting 86-21 September 10 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 3, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Revised Use and Management Plan for the Page Mill Road Area of Monte Bello Open Space Preserve. Recommendation: I recommend that you adopt the Revised Use and Management Plan for the Page Mill Road Area of Monte Bello Open Space Preserve as contained in report R-86-71 and as amended herein. Discussion: At your August 27 , 1986 meeting, staff presented a proposed Revised Use and Management Plan for the Page Mill Road Area of Monte Bello Open Space Preserve (see report R-86-71, dated August 21, 1986) . Discus- sion at the meeting centered around administration of the Black Mountain Backpack Camp. The camp has been in operation for approximately two years , during which time it has operated under the attached administrative guide- lines (see Attachment A) . These guidelines were set up prior to opening of the camp. An assessment of use of the camp since its opening was conducted by the Ranger staff and attached to the Revised Use and Management Plan report for your August 27 meeting (Attachment A, dated August 12 , 1986) . At the Au- gust 27 meeting, there were questions about the permit system, parking for visitors using the backpack camp, the use of support vehicles by groups visiting the camp, and what elements of the Ranger 's report would be consid- ered or adopted for use at the camp. Permit System - While the attached Administrative Guidelines require a 72- hour advance reservation, in actuality visitors have made reservations for the camp as late as Friday afternoon for a weekend visit. Prepayment via the office is still required. Parking - Visitors have been discouraged from leaving cars overnight in the Monte Bello or Los Trancos parking lots due to a question of the District 's possible liability. Staff will pursue the question further with the Dis- trict 's insurance carrier and amend the guidelines accordingly. Vehicles - The use of support vehicles was not specifically addressed in the guidelines, but staff will include the issue in the revised guidelines. The backpack camp will be restricted to ride-in (bicycle) or hike-in only. A new recommendation will be added to the report as follows : C. Structures and Improvements New or Revised Use and Management Recommendations 5 . Staff will investigate issues raised in the Ranger staff report and R-86-80 Page Two incorporate into the existing guidelines those recommendations deemed feasible. Particular attention will be given to the issue of allowing overnight parking in the Monte Bello parking lot. The Board will be informed of any significant changes made to the administrative guidelines at that time. Attachment A .DMINISTRATIVE GUIDELINES _ jR THE BLACK MOUNTAIN CAMPGROUND I . Use Guidelines A. Permits issued by the Land Management Secretary B. Advance notice and fee schedule 1 . Request for permit must be, made 72 hours in advance to the desired date. Reservations may be made up to 8 weeks in advance. 2 . $2 . 00 fee per person - payable in advance. C. Use Restrictions 1. Duration a. One night maximum b. Arrival within � hour after sunset until 12 : 00 noon the following day 2 . occupancy limitations a. 2 campers per site. No more than 12 campers in camp area at onetime 3 . Age requirement a. 18 years of age b. Juveniles if accompanied by responsible adult 4 . Pets a. No pets permitted 5 . Equestrian camping a. Not permitted at this time 6 . Mountain bike campers a. Permitted at this time 7 . Hours of use a. Campers must stay in camp area from dusk to dawn when surrounding Preserve is closed D. Parking 1. Informal roadside parking along Page Mill Road 2 . Overnight parking prohibited in the Monte Bello, Los Trancos and Rancho San Antonio Preserve parking areas Campground Management A. Caretakers (informal agreement) a. Julie and Alan Lindh a. Extra eyes and ears for MROSD b. Primary role is to informally monitor the campground activity and report to MROSD rangers or County dispatcher any signifi- cant problems or incidents , including fires , disturbances , off-road vehicles , water system failures , etc. C . The Lindhs may elect to make social or informative contacts with campers as they deem necessary . 7, - Administrative Guidelines Black Mountai 7ampground d. The Lindhs will be asked to relay reported or observed emergencies to the appropriate safety jurisdiction, including MROSD. E. MROSD Rangers Patrol Weekend patrol coverage (Friday, Saturday nights) a. Routine evening patrol b. Routine response to problems C. Resident rangers to respond to problems upon request by radio dispatcher d. General site maintenance and clean-up 2. Weekday patrol coverage (Sunday-Thursday nights) a. Infrequent evening patrols (2-3 nights per week) b. Routine response to problems with 20-30 minute response time C. Resident rangers to respond to problems upon request by radio dispatcher d. General site maintenance and clean-up 3 . Weekly maintenance a. Service water chlorination system b. Inspect fire suppression equipment Annual Maintenance a. Vegetation removal from camp stove area b. Delineation of each camp site C. Fire breaks around entire campground area, discing and mowing d. Sign replacements , treatment with wood preservatives e. Inspection and repair or replacement of fire suppression equipment f. Comprehensive inspection of entire water system E-.e--gency Plan n. Notification 1 . Emergency messages to campers to be delivered by District ranger 2. Emergency messages from campers relayed by Lindhs via telephone Evacuation 1 . Emergency evacuations coordinated by MROSD, or appropriate safety jurisdiction 2 . Life Flight or MAST helicopters may be requested under special circumstances Administrativ, uidelines Black Mountain Campground C. sire Suppression Initial suppression by MR©SD rangers with assistance from campers if safely attainable. 2 . Suppression back-up support may be requested from Palo Alto Fire Department or California Department of Forestry. R-86-77 (Meeting 86-21 Sept. 10 , 1986) �1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 3, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner SUBJECT: Final Adoption of the Revised Use and Management Plan for the Duveneck Windmill Pasture Area of Rancho San Antonio Open Space Preserve and for Foothills Open Space Preserve Recommendation: I recommend that you adopt the Revised Use and Manage- ment Plan for the Rancho San Antonio Open Space Preserve , Duveneck Windmill Pasture Area and for the Foothills Open Space Preserve as con- tained in report R-86-64 .o.f August 5, 1986 and as amended herein. Discussion: At your August 13, 1986 meeting, there was discussion about the disposition of the windmill at the Rancho San Antonio Open Space Preserve, Windmill Pasture Area. Staff presented cost estimates for reinstallation of the facility which had been recently prepared by a consultant. The consultant' s opinion was that, 1) the extreme deterioration and hazardous condition of both the rotor and framework precludes restoration of the existing windmill and, 2) a new windmill with a four legged support instead of the original three , would be the only solution to reinstating the structure. The estimated cost of a new structure would be $9 ,840 if made functionally able to pump water, and $8,670 to just build a new tower with a windmill rotor on top. It is staff's opinion that the cost of a new structure cannot be justi- fied because the end result would not be a historical rendition of the original windmill. The following revised paragraph should be added: Structures and Improvements 1. The Trust for Hidden Villa and other known interested persons will be contacted with the following proposal, and if there is no strong objection, the proposal will be implemented; (If there is strong objection, the matter will return to the Board. ) the existing windmill frame and rotor will be removed. A sign will be installed at the windmill's location, graphically depicting the original wind- mill and conveying historical information. Estimated cost of the sign is $350 and will be included in fiscal year 1987-1988 budget preparation. The existing windmill will be offered to the Trust for Hidden Villa for installation in the farm area as a historic reminder. R-86-74 (Meeting 86-21 Sept. 10 , 1986) i . .� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 3 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Interim Use and Management Plan for the Zand Property Addition to the Thornewood Open Space Preserve Recommendation: I recommend that you adopt the Interim Use and Manage- ment Plan for the Zand property addition to the Thornewood Open Space Preserve, including the naming, as contained in report R-86-52 . I further recommend that you withhold the property from dedication at this time. Discussion: At your July 9 , 1986 meeting you approved the acquisition of the Zand property addition to the Thornewood Open Space Preserve (see attached report R-86-52 of July 2 , 1986) . The lot line adjust- ment mentioned in the report and referred to in the purchase agreement reduced the property size from 11. 4 to 10 acres. No trail easement on the adjacent property has been obtained yet. You also tentatively adopted the Interim Use and Management Plan for the addition, named the property an addition to the Thornewood Open Space Preserve, and indicated your intention to withhold the land from dedication at this time. In accordance with your adopted Land Acquisition Notification Procedures , final adoption of the Interim Use and Management Plan was deferred until after close of escrow to allow for further public comment. Escrow on the property closed on August 18, 1986. Staff has received no public comment since that time. i 4 R-86-52 (Meeting 86-17 July 9, 1986) « � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 2, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods, Open Space Planner; A. Cummings, Environmental Analyst; W. Goggin, Real Property Represen- tative SUBJECT: Proposed Addition to the Thornewood Open Space Preserve (Zand Property) Recommendation: I recommend that you adopt the accompanying 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 j to Closing of the Transaction (Thornewood Open Space Preserve - Zand Property) I further recommend that you tentatively adopt the Interim Use and Manage- Tent Plan recommendations contained in this report, name the property an addition to the Thornewood Open Space Preserve, and indicate your intention to withhold the property from dedication s ation at this time . Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase an 11 .4 acre lot located on Old La Honda Road in the Town of Woodside above Dennis Martin Creek. The property offers the potential to trade for trail rights in the area. The- proposed hiking trail on this lot could help link Old La Honda Road with Thornewood Open Space Preserve and Schilling Lake. Eventual connection to the Portola Valley trail system may also be possible from Old La Honda Road, but several private properties intervene between both this property and Old La Honda Road as well as to the Thornewood Open Space Preserve itself. A. Description of the Site 1. Size, Location, and Boundaries This roughly rectangular 11 . 4 acre parcel (Lot 11) is located in the Town of Woodside southeast of the intersection of Dennis Martin Creek and Old La Honda Road. Shortly above this intersection, Old La Honda Road loops around the subject property, bounding it on the east and west, with private property to the north and south. Two intervening private properties separate the parcel from Thorne- wood Open Space Preserve (see attached map, Lot 10 and Lot 12) . R-86-52 Page two The new owner of the adjacent Lot 10 recently received a lot line adjustment from the Town of Woodside, which included a portion of the subject property. Staff is now attempting to work with the Town to obtain a trail easement through Lot 10 in the development process of Lot 10. 2. Topography , Geology, and Natural Landscape The property, located on northeast facing slopes above Dennis Martin Creek, is very steep, with most slopes greater than 30 percent. Elevations range from 600 to 800 feet, representing a 200 foot rise over a distance of approximately 600 feet. The steepest part of the property is the lower eastern side above Old La Honda Road, while the upper portion adjoining La Honda Road is more gentle. The lot line adjustment resulted in loss of the flattest part of this property to neighboring Lot 10, making this property less potentially developable. The entire area is shown as part of a large landslide deposit on the 1978 map "Landslide Susceptibility in San Mateo County" by Brabb, Pampeyan and Bonilla, and therefore this property is rated as having the highest susceptibility to landsliding. The under- lying rock is sandstone of the Franciscan formation. There is a recent sizeable landslide on the eastern boundary of the property above La Honda Road and numerous small slides in the forest above Dennis Martin Creek. The property lies between the San Andreas and the Pilarcitos Faults. The San Andreas Fault is approximately one-fourth mile to the east and the Pilarcitos 'Fault is one-half mile to the west. The steep east facing slopes above Dennis Martin Creek support a dense redwood-tanoak forest. Large old redwood stumps remain from earlier logging days. Vegetation on the upper part of the property is primarily oak-madrone forest intermingled with chaparral. The dense shrubby understory includes much poision oak, making off-trail travel difficult. Drainage from this area flows into marsh lands adjoining Searsville Lake, passes through the lake, and enters San Francisquito Creek. 3 . Cultural History The area surrounding Dennis Martin Creek was logged in the late 1800' s. Martin had one sawmill next to Schilling Lake and another near the bottom of Dennis Martin Creek. Old La Honda Road was in Place by 1868 , a part of 12 ,545 acre Rancho Canada de Raymuhdo. In the 1920' s the area near Dennis Martin Creek was planted with many exotic species of plants, some of which survive today. B. Planning Considerations The property is located within the Town of Woodside in San Mateo County. It is considered a part of the "Woodside Country Club - Portola Hills Area" in the Woodside General Plan. This area is characterized by problems of access, poor water supply, and slope instability. Most of the area was subdivided prior to 1920 and the road and lot patterns present many problems. Except for Old La Honda Road, all roads are considered private. R-86-52 Page three The lot is zoned SCP (Special Conservation Planning) which requires a minimum lot area of five acres. The lot is surrounded by private property which has been developed with residential homes. The site has a medium rating on the District ' s Master Plan, a composite rating indicating the suitability of land as open space. Woodside' s General Plan shows the area as one of high fire risk because of problems of access and water supply, steep slopes , and high fuel loading. If Lot 11 were sold for development, no building construction would be permitted on the steep slopes above Dennis Martin Creek where the pedestrian trail is proposed. C. Current Use and Development The property is undeveloped with the exceptions of some rough dirt roads to potential building sites near the top portion of the property. Access is from Old La Honda Road where there is a small one or two car pullout along the upper property boundary. D. Potential Use and Development While the property itself does not offer any immediate public trail or other uses, acquisition of the lot offers the potential to trade for other trail or property rights in the vicinity at some future date. Old La Honda Road is shown as a hiking and bicycling route on the Woodside Trails Plan (1975) . This plan depicts future equestrian trails along Dennis Martin Creek and Montecito Road. These trails would come near the property but would not adjoin it. At present a trail built on an easement across Lot 10 and through Lot 11 to Old La Honda Road , would connect only with the hiking/ bicycling route on Old La Honda Road. An existing trail along Dennis Martin Creek is currently superior to the proposed trail route since the trail follows the route of an old logging road alongside the creek and has a gentle grade. Although the curve of Old La Honda Road surrounding the property con- nects with a portion of Montecito Road, which comes very close to the Town boundary of Portola Valley, this area has several homes and the Town of Portola Valley has no plans for a connecting trail in the immediate vicinity. Hikers exiting at the upper boundary of the prop- erty would have to walk nearly a mile uphill to the vicinity of the intersection of Upper Lake Road and Meadow Road to where a connection has been proposed to the Portola Valley Trails system. Connection with the Portola Valley trail system will enable hikers to eventually reach the Windy Hill Open Space Preserve. E. Interim Use and Management Recommendations 1. Boundary plaques will be installed where appropriate after the boundary has been surveyed and marked by the seller. 2. Public use would not be encouraged since it is a small isolated site. R-86-52 Page four F. Dedication The property should not be dedicated at this time to allow for poten- tial trade or sale of the property to perfect the District's future trail or other plans in the area. It should be understood that while this isolated lot does not allow any immediate benefits to access or utilize the Thornewood Open Space Preserve, the acquisition offers future opportunities to sell or trade the lot with or without a public trail easement across it for other trail or public property opportuni- ties in the same area. It is apparent that trail uses, especially by equestrians, are desirable in the area. In some instances private trails in the area now receive substantial use by the general public. The desirability of obtaining trail connections to better access the Thornewood open Space Preserve and to connect with the Windy Hill Open Space Preserve and other public lands is considered important by District staff. G. Naming This property should be named as an addition to Thornewood Open Space Preserve. H. Terms The total purchase price as stipulated in the attached Agreement to Purchase Real Property would be $260r000 payable in cash at the close of escrow. Funds for this purchase would come from the proceeds of the District' s 1986 note issue. R-86-76 (Meeting 86-21 Nle September 10, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 4, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Del Woods, Open Space Planner, Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Peters Property Addition to the Russian Ridge Open Space Preserve Recommendation: I recommend that you adopt the following resolutions: 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, 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 (Russian Ridge Open Space Preserve - Peters Property) . 2. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Extinguish Cloud on Title to Real Property, Authorizing Officer to Execute Cer- tificate of Acceptance of Quitclaim to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Russian Ridge Open Space Preserve - Peters Property/Bullis Interest) . 3. 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 to Closing of the Transaction (Russian Ridge Open Space Preserve - Peters Property) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, naming the properties as additions to the Russian Ridge Open Space preserve, and indicating your intention to dedicate the properties as public open space. Introduction: The Midpeninsula Regional Open Space District has the oppor- tunity to purchase two parcels of superb ridgetop and valley bottom open space land totalling 520 acres (see attached map) . R-86-76 Page two This acquisition represents a logical and vital extension of the boundaries of the 836 acre adjacent Russian Ridge Open Space Preserve. A portion of the property is part of the three mile long grass-covered Russian Ridge, which is a prominent Skyline landmark seen from most of the peninsula. The property will be readily accessible to all residents of the District because of its central location. The project will preserve approximately another one-half mile of frontage on Skyline Boulevard which has been designated a State Scenic Highway. The property is also highly visible from Page Mill Road, which has been designated a Scenic Road by the City of Palo Alto. Because of this visi- bility, any residential development on the ridgeline would seriously impact the Skyline Scenic Corridor. The site is a key part of the planned Skyline Scenic Corridor Trail, which could become a major recreational route linking public lands in three counties. Since the property is positioned along two tributaries of Mindego Creek, it could also form part of a trail connection to Pescadero Creek County Park along the Mindego Creek Corridor. A. Description of the Site 1. Size, Location and Boundaries This proposed acquisition consists of two parcels : Parcel One (236 acres) is located north of and contiguous to the northern boundary of the Russian Ridge Open Space Preserve. Skyline Boule- vard bounds the parcel to the east with approximately 2600 feet of highway frontage, and private property adjoins the northern and western boundary. The District' s Coal Creek Preserve is located only a few hundred yards to the northeast on the opposite side of Skyline Boulevard. Parcel Two (284 acres) also adjoins the Russian Ridge Open Space Preserve, abutting the southernmost Preserve boundary. Alpine Creek forms the southern border of Parcel Two, and private property adjoins the parcel to the east, west, and south. Alpine Road lies a short distance to the east and serves as access to this parcel by way of an easement. 2. Topography, Geology and Natural Resources Parcel One Parcel one straddles the ridgecrest of Russian Ridge, the most prominent ridgetop in the southwesterly portion of San Mateo County, for approximately 3600 linear feet (2/3 of a mile) . This grass covered ridge is highly visible from most of the Bay Area and affords spectacular views of the entire San Francisco Bay Area to the east and the Pacific Ocean and Santa Cruz Mountains to the west. Elevations on the parcel range from about 2420 feet at the high point, a knoll centrally located in the ridgeline, to a low point of 1800 feet along the southern boundary. An estimated 45 percent of Parcel One contains slopes of less than 30 percent. These slopes form the headwaters of Mindego Creek. The soils found in this area belong to the Sweeney-Mindego soil classification. These soils arise from igneous parent material of the Mindego basalt formation and are generally shallow and stable. The shallow depth of these soils tends to restrict the R-86-76 Page three presence of woody vegetation. The lower portions of the parcel arise from Lambert Shale formations which are more susceptible to slope failure. However, the Landslide Susceptibility Map of San Mateo County identifies the property as having good overall stability. Moderate grazing by cattle has resulted in maintaining a fair rangeland with a variety of grassland species. The grassy ridge- tops give way to woodland vegetation of madrone, oak, bay, buckeye, and big leaf maple. An Environmental Setting Survey (ESS) per- formed in conjunction with a development proposal for the property found no rare or endangered plant or animal species. The ESS identified the presence of eight species of mammals on the property and thirty-two bird species, including a golden eagle. The most common species to be found include coyote, rabbit, bobcat, mule tail deer, and hawks. Parcel Two Parcel Two is comprised for the most part of the creek canyons of Alpine Creek and two of its tributaries. However, the northeastern portion of the parcel is made up of the grassy sideslopes of Mindego Ridge, which crosses the southern portion of the Russian Ridge Open Space Preserve. These grassy sideslopes yield to oak woodland forests which then give way to the deeper canyon vegetation of California bay laurel, Douglas fir, oaks, madrones, and big leaf maple. Elevations on Parcel Two range between 1800 feet and 940 feet; the high point being found at the northeastern corner of the property and the low point at the southwestern corner at Alpine Creek. B. Planning Considerations Located within unincorporated San Mateo County, the property is zoned Resource Management (RM) with a General Plan designation of General Open Space. In addition, Parcel One is located within the Skyline Scenic Corridor. County regulations governing any development in a Resource Management Zone require that it go through a three phase review process. These three stages are: 1) Preliminary Concept Plan, 2) Concept Plan, and 3) Final Development Plan. Development density in the RM Zone is determined by a Matrix Analysis of various factors (slope, soil stability, geologic hazards, etc. ) . Parcel One is bisected by the District' s existing boundary, which follows the ridgetop parallel to Skyline Boulevard. The portion of the Preserve west of the ridgetop is in the District 's Sphere of Influence. Parcel Two is outside but adjacent to the District's boundary and within the Sphere of Influence. The portion of Parcel One which is within the District's boundary is rated medium high on the District' s Master Plan, a composite rating system indicating the suit- ability of land as open space. R-86-76 Page four C. Current Use and Development The present owner and a business partner (Richard Bullis) are in the process of subdividing Parcel One into 22 homesites. The San Mateo County Planning Commission approved the 20% density bonus to bring the proposed development from 18 to 22 units. The concept plan was approved by the San Mateo County Planning Commission in June 1985 with the condition that the homesites be moved to the west off the ridgetop. The next step in the development process would be the presentation of the final development plan which would include an Environmental Impact Assessment and undoubtedly an Environmental Impact Report followed by the tentative subdivision map. Both parcels have been grazed by cattle in recent years. The cattle were removed from Parcel One in December 1985 , but cattle are still grazing on Parcel Two. Remnants of an old barn are located at the northern boundary of Parcel Two. Access to Parcel One is from the main entrance to the Russian Ridge Open Space Preserve opposite the CalTrans scenic pullout on Skyline Boulevard. An old ranch road follows the ridgetop in a northwesterly fashion to the northern parcel boundary. A second dirt road parallels the ridge road to the west at approximately the 2000 foot contour. This road is a continuation of roads on the existing Russian Ridge Open Space Preserve. Parcel Two is approached from Alpine Road, across private property approximately one-half mile south of the Alpine Road/Skyline Boulevard intersection. The road from Alpine Road traverses private property until reaching the Russian Ridge Open Space Preserve. There it follows a ridge toward Mindego Hill. An ill-defined side road forks from the ridge road toward the south, entering the subject property and ter- minating at the old barn site previously mentioned. No other roads exist on Parcel Two. D. Potential Use and Development Ridgetop views from Parcel One rival those available from atop the Windy Hill Open Space Preserve. Three hundred sixty degree views show off Monte Bello Ridge to the east, the Santa Cruz Mountains and Pacific Ocean to the south and west, and the seven counties of the metropolitan San Francisco Bay Area to the north and east. Acquisition will expand public access to the Russian Ridge Open Space Preserve. A dirt road which connects the preserve to the proposed addition enters the site directly opposite the vista point parking area on Skyline Boulevard. The project area would provide a site for a key section of the pro- posed Skyline Scenic Corridor Trail paralleling State Highway 35. Open areas would be attractive to passing motorists for picnicking and related recreational activities. Day use opportunities could include hiking, picnicking, horseback riding, wildlife observation, nature photography, landscape painting, and natrualist-led tours. R-86-76 Page five A trail would most logically be routed on the top of Russian Ridge where there is currently a dirt road extending along the ridge top. South of Russian Ridge Open Space Preserve the Skyline Scenic Corridor Trail crosses Alpine Road, where it connects with numerous other regional trails. These include the Monte Bello Open Space Preserve trail system to the east, the continuation of the Skyline Scenic Corridor Trail to the south, connecting with Saratoga Gap, Castle Rock State Park, Sanborn-Skyline County Park, Big Basin Redwoods State Park, and Butano State Park, and recreational trails to the west, leading to Portola State Park, Sam McDonald Park, and San Mateo County Memorial Park. To the north, the Skyline Scenic Corridor Trail will hopefully even- tually connect other District open space preserves, including Mt. Melville, Coal Creek, Windy Hill , and Thornewood. This proposed trail will connect with local trails from the Towns of Portola Valley and Woodside, as well as from San Mateo County' s Wunderlich Park. Parcel Two at the present time is virtually undeveloped. The three creeks on the property, however, offer the potential for a variety of creekside trails. A range management plan was recently prepared for the entire Russian Ridge Open Space Preserve and the two subject parcels. The plan includes an assessment of the range condition of the Preserve and sub- ject parcels, a system for on-going monitoring of the range, and recom- mendations for various improvements needed to carry out the plan. The long-term plan and its implementation will be discussed in the upcoming Use and Management Plan Review for the entire Preserve. E. Interim Use and Management Plan Recommendations The following Interim Use and Management Plan recommendations are to be incorporated into the regular Use and Management Plan at the next scheduled review anticipated in October, 1986. They are therefore brief at this time and will be expanded upon in relationship to over- all site planning with emphasis on such land use issues as possible implementation of a long term grazing lease, the relationship to plans on adjacent preserves, and a comprehensive trail study. 1. Plaques will be installed to mark the new Preserve boundaries. 2. Grazing will continue on Parcel Two in the interim between close of escrow and adoption of the Revised Use and Management Plan for the Russian Ridge Open Space Preserve. At that time a grazing plan for the entire Preserve will be considered. F. Dedication I recomment that you indicate your intent to dedicate this property as public open space. G. Name I recommend that this property be named an addition to the Russian Ridge Open Space Preserve. R-86-76 Page six H. Terms The attached agreements represent the culmination of acquisition efforts that commenced nearly seven years ago. The entire transaction is in the form of three individual agreements for the two separate parcels being acquired, as follows: Parcel One - Skyline Boulevard The "Purchase Agreement - Bargain Sale" stipulates the terms of acquisition of the fee interest in this 234 acre parcel owned by five members of the Peters family. The Agreement calls for the payment of $1,868 ,000 in cash at the close of escrow. This amount is substantially below the Sellers appraised value for this parcel. In addition, the "Agreement to Extinguish Cloud on Title to Real Property" provides the terms for securing a quitclaim of any and all residual interests of Richard Bullis in both Parcel One and Parcel Two as a result of his expired, but recorded option, and his ongoing efforts to develop Parcel One on Peter' s behalf. Because the Bullis efforts to develop the property focused only on the Skyline parcel , the full $282,000 payable in cash under this Agreement is applicable solely to Parcel One. Therefore, the total cost to the District of Parcel One would be $2,150,000 or approximately $100 ,000 per density unit for the County conceptually approved density of 22 residential sites, or an average of $9 ,188 per acre. Parcel Two - Alpine Road The "Agreement to Purchase Real Property" calls for the payment of $900,000 in cash at close of escrow for Parcel Two and is based upon the Sellers appraised value. This amount averages $3,158 per acre on a raw land basis. Included in this transaction is the requirement for a quitclaim of interest from Richard Bullis, but because no development efforts were expended on his part, the release of his possible interest in this parcel is considered to have only a nominal value. The total purchase price for the entire 520 acres of land is $3,050 ,000 payable in cash at close of escrow. The funds for this purchase would come from the 1986 Midpeninsula Regional Open Space District Promissory Note Issue and be charged against the New Land Purchases budget category. (..IN� rancos ;-%'` �< < I 17 01 'lamShotgun h <_ �. 7 \-I �-�_�. �r `,J Cs ' '� \ �:J -�`\ � s.l , i��--"/ j !fir•-. .3 Coal Creek Open Space Preserved 21 r '.• c ` Alpine Road Los T ancos r c \ c' �h �_♦��, _ r Open Spacer \: I � • Parcel One t �:. � `�� ��✓_"'+�'\ 1 ,�_' r Monte Bello - tl Open Space Preserv_ --------- Russian Ridge _ Open Space Preserve � Y JCP Skyline Ricge Open Space Preserve Parce Z :.Two IL r _�_---- .�o�- / ,� as �� �\\�,��.\.::\�.:..�. I. ._ . .. � _.:�a•<..... \ \ --- ✓-�. /� Site Map i- ���_ �L.� � ��l,1� �_J ' ✓y l` Proposed Addition to the Russian Ridge Open Space Preserve 1 /�~'�; Scale I" - 2000' Northk, '. R R RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT . AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - PETERS 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 Dis trict does hereby accept and approve that certain Purchase Agreement - Bargain Sale between Colin Peters et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and author- izes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appro- priate 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 and approval of agreement to sellers. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $10 ,000. 00 to cover the cost of title insurance, escrow fees , and other miscellaneous costs related to this transaction. Section Five. The sum of $1,868 ,000. 00 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. PURCHASE AGREEMENT - BARGAIN SALE This Agreement, is made and entered into by and between the UNDERSIGNED INDIVIDUALS, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District," WITNESSETH WHEREAS, Seller is the owner of certain real property which has natural beauty, open space and recreational value, and eco- logical significance, located within an unincorporated area of San Mateo County and being more particularly described within the body of this Agreement. WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property, by purchase, gift, or bar- gain purchase exclusively for public park, recreation, scenic and open space purposes, and WHEREAS, District desires to purchase said property both as open space and as part of the recreational, ecological and aesthetic resources of the midpeninsula area, and WHEREAS, Seller, out of its desire to promote the public social and economic welfare, and to share the natural and scenic beauty and enjoyment of said property with the citizens of the midpeninsula area, wishes to sell and convey said property to District at a pur- chase price below its fair market value, and District wishes to purchase and receive said property at the advantageous price so offered. e Purchase Agreement - Bargain Sale -- Peters Page 2 NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately two hundred thirty-four (234) acres , and commonly referred to as San Mateo County Assessor' s Parcel Nos. 080-330-040 and 080-330-140 , and being more particularly described in Preliminary Title Report No. 448432 , dated August 7 , 1986, from Ticor Title Insurance Company, attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof. Said Property to be conveyed together with any easements , rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands , and any and all improvements attached or affixed therto. All of said real property and appurtenances herein- after called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ( "Purchase Price") for the Property shall be One Million Eight Hundred Sixty-Eight Thousand and No/100 Dollars ($1,868 ,000.00) , which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 9 herein, an escrow shall be opened at Ticor Title Insurance Company, 333 Marshall Street, Redwood City, CA 94063 , (415) 366-9551 , or other title company acceptable to District (here- inafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agree- ment shall be deposited with Escrow Holder to serve as escrow instruc- tions 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. _ I Purchase Agreement - Bargain Sale -- Peters Page 3 Escrow Holder is hereby appointed and instructed to deliver, pur- suant to the terms of this Agreement, the 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 in the escrow for the close thereof shall be on or before the expiration of thirty (30) days following execution of this Agreement by both Seller and District; 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 Escrow Holder causes the Grant Deed as defined below) to be recorded in the Office of the County Recorder of San Mateo County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably 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 an executed and recordable Grant Deed, in the form attached hereto as Exhibit "B" and incorporated herein by this reference, covering the Property as described in said Exhibit "A" . (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing: (ii) District's check payable to Escrow Holder in the amount of one Million Eight Hundred Sixty-Eight Thousand and No/100 Dollars ($1 ,868 , 000. 00) Purchase Agreement - Bargain Sale -- Peters Page 4 (e) District shall pay for the escrow fees, the ALTA Stan- dard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be pro- rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. M Seller shall cause Ticor Title Insurance Company, 333 Marshall Street, Redwood City, CA 94063 , or other title company acceptable to District, to be prepared and committed to deliver to District standard coverage ALTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $1 ,868,000 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) the listed exceptions 1 through 11 as set forth in said Preliminary Title Report attached hereto as Exhibit "A" ; (iii) those additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall , upon District' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consum- mate the purchase of the Property. Purchase Agreement - Bargain Sale -- Peters Page 5 (g) Escrow Holder shall , when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance required herein, and to Seller Escrow Holder' s check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates 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. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and 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 subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termina- tion or failure to close escrow. 5. Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property except for the "Mason" month-to- month grazing agreement. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss , damage or expense, including costs for legal Purchase Agreement - Bargain Sale -- Peters Page 6 services, occasioned by reason of any such lease or rental agreement of the property being acquired by District, including but not limited to claims for relocation benefits and/or payments pursuant to Cali- fornia Government Code Section 7260 et sea. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and the recordation of any Grant Deed (s) . Further, Seller agrees to notify "Mason" of the termination of the grazing tenancy and deliver the Subject Property to District free of all grazing animals with the "Mason" rental agreement fully terminated as of the date of Closing. 6. Seller' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6. 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller suf- ficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title . Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Pronerty, and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever Purchase Agreement - Bargain Sale -- Peters Page 7 and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Waiver of Statutory Compensation/Bargain Sale. . Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Further, it is acknowl- edged by District and Seller that the purchase price being paid for the Property is less than the Property' s fair market value, and that the difference in price being paid to District and the Property' s fair market value is being donated to District as part of this trans- action. Seller hereby waives any and all existing and/or future rights it may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law ,and any cor- responding California Government Code Sections. In evidence of such Bargain Sale, District shall execute and submit into escrow Internal Revenue Service Form 8283, as appropriate. 8. Miscellaneous Provisions, 8. 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles , shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. Purchase Agreement - Bargain Sale -- Peters Page 8 8. 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 judg- ment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 8. 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 con- tained 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 obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8. 04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive 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 par- tial 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. Purchase Agreement - Bargain Sale -- Peters Page 9 .8. 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 o'n the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such com- munications shall be addressed as follows: Seller: Colin Peters, Esq. Peters, Peters & Ellingson 525 University Avenue, Suite 1505 Palo Alto, CA 94301 (415) 328-6770 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliv- ery 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 which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from P-_rchase Agreement - Bargain Sale -- Peters Page 10 giving oral notice to the other when prompt notification is appro- priate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 1 8. 06 Disclaimer of Representations. District and Seller agree that, except as otherwise specifically provided herein, neither Seller, nor any of its employees, representatives, or agents has made any representations, warranties or agreements as to any matters con- cerning the Property which are not contained in this Agreement, including, without limiting the generality of the foregoing, the con- dition of the improvements thereon, or the fitness of the Property or such improvements for any use intended by District. District agrees to purchase and Seller, agrees to deliver the Property at the Closing in an "as is" condition without reliance by District 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. 8. 07 Severability. If any of the provisions of this Agree- ment are held to be void or unenforceable by or as a result of a deter- mination 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 which will achieve, to the extent Possible, the economic, business and other purposes of the void or unenforceable provisions. 8. 08 Counterparts . This Agreement may be executed in sepa- rate counterparts, each of which shall be deemed as an original, and %---hen 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. Purchase Agreement - Bargain Sale -- Peters Page 11 8. 09 Waiver. No waiver of any term, provision or condi- tion of this Agreement, .whether' by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, ,a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 8.10 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspond- ence, conversations, negotiations, agreements or understandings relating to the same subject matter. 8. 11 Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. 8. 12 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder 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 assigns. 8. 13 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. Purchase Agreement - Bargain Sale -- Peters Page 12 8. 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 appro- priate to consummate and carry into effect the transactions described- and contemplated under this Agreement. 8. 15 Binding on Successors and _As Assigns . This Agreement and all of its terms , conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 8. 16 Captions. Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agree- ment, nor as evidence of the intention of the parties hereto. 8. 1-7 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. 8. 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. 9. Acceptance. District shall have until September 11 , 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 Property to District for the consideration and under the terms and conditions herein set forth. As considera- tion for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 . 00) . I Purchase Agreement - Bargain Sale -- Peters rage 13 Provided that this Agreement is accepted by District, this trans- action 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 executed by their duly authorized officers to be effective as of the day and year first above written. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: /�✓�-�-`� Colin Peters Date: tanley Norton, District Counsel ACCEP FO'P, RECOMMENDATION: Carol Peters 1 Date: L. Craig Britton Land Acquisition Manager APPROVED AND ACCEPTED: Geoffrey Peters Date: � / cp'6 President, Board of Directors Step n M. Peters ATTEST: Date: District Clerk G� ,o Anne Peters Date: Date: ND NNGI 103-Use with NN01113 TO:23 CA-Past 1 (5-83)- - 'TICOR TITLE INSURANCE SAN MATEO COUNTY OFFICES 1P 333%larsttail Street,Redwood City 94063 (415)366-9551 ❑1182 Chestnut Street,Menio Park 94025 (415)323-610t O 1111 South Ei Camino Real,San Mateo 94402 (415)349-1604 ❑223 El Camino Real.San Bruno 94066 (415)583-3991 01035 E.Hillsdale Blvd..Suite 150,Foster City 94404 (415)574-5357 PRELIMINARY REPORT MID PENINSULA REGIONAL OPEN IMPORTANT SPACE DISTRICT When replying refer to 375 DISTEL DRIVE OurNo. 448432—RWC LOS ALTOS, CALIFORNIA 94022 Your No. -- SUPPLEMENTAL In response to the above referenced application fora Policy of Title Insurance,TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby 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 below 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 on the attached cover. p Copies of the Policy forms should be read.They are available from the office which issued this Report. This Report(and any supplements or amendments thereto)is issued solely for the purpose of facilitatingthe issuance of a Policy of Title Insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance,a Binder or Commitment should be requested. Dated as of AUGUST 7, 1986 at 7:30 a.m. ELLEN M. ELLINGSEN NANCY TESSENDORFF Escrow Officer rule officer The form of Policy of Title Insurance contemplated by this Report is: O ALTA Residential Title Insurance Policy- 1979 0 ALTA Loan Policy- 1970 with ALTA Endorsement Form 1 Coverage(Amended 10-17-70) D CLTA Standard Coverage Policy- 1973 0 ALTA Owner's Policy Form B - 1970(Amended 10-17-70) T'he est to 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: COLIN AND CAROL PETERS, AS TO AN UNDIVIDED 23/47 INTEREST; GEOFFREY M. PETERS, A MARRIED MAN, BY DEED RECORDED DECEMBER 29, 1976 VIHICH RECITES "AS SEPARATE PROPERTY11, AS TO AN UNDIVIDED 8/47 INTEREST; ST`PHEN M. PETERS, AS TO AN UNDIVIDED 8/47 INTEREST; AND ANNE PETERS, AS TO AN UNDIVIDED 8/47 INTEREST At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusiol?h" ' in s Aolicy form %;ould be as follows: (See Attached) ;a 33e 9 � PAGE 2 --- 448432 TAXES FOR THE FISCAL YEAR 1986"-87, A LIEN, NOT YET DUE OR PAYABLE, INCLUDING SUPPLEMENTAL TAXES AND/OR PERSONAL PROPERTY TAXES, IF ANY, AMOUNT NOT ASCERTAINABLE. �. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO HE 'ROVISIONS OF CHAPTER 3 . 5 (COMMENCING WITH SECTION 75) OF THE PEIE' UE AND TAXATION CODE OF THE STATE OF CALIFORNIA. EASEMENT FOR ROAD PURPOSES OVER SO MUCH OF THE HEREIN DESCRIBED PROPERTY AS LIES WITHIN EXISTING ROADS OR HIGHWAYS . 4 . RIGHT OF WAY FOR SINGLE LINE OF POLES AND WIRES FOR DISTRIBUTION OF ELECTRICITY, WITH RIGHT OF INGRESS AND EGRESS AS GRANTED BY ROBERT ANDE RSON ON AND GR ACELLA R. ANDERSON, HUSBAND AND WIFE TO PACIFIC GAS AND ELECTRIC COMPANY; A CORPORATION, BY GRANT DATED JUNE 6, 1932 AND RECORDED JULY 25, 1932 IN BOOK 571 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE a97 (11124-C) . AFFECTS PARCEL A. j. TERMS AND PROVISIONS AS CONTAINED IN AGREEMENT FOR RIGHT OF WAY BETWEEN ROBERT ANDERSON AND GRACELLA R. ANDERSON, HIS WIFE, PARTIES OF THE FIRST PART, AND E . LOWELL SUMNER, JR. AND ETHEL CRAIG SUMNER, HIS WIFE, PARTIES OF THE SECOND PART DATED MARCH 20, 1934 AND RECORDED APRIL 10, 1934 IN BOOK 618 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 341 (39805-C) WHICH PROVIDE AS FOLLOWS: SAID RIGHT OF WAY SHALL BE USED AS A MEANS OF INGRESS AND EGRESS TO AND FROM THE LANDS OF SAID SECOND PARTIES AS AFORESAID, TO WTT : THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 3 WEST MOUNT DTABLO BASE & MERIDIAN AND SHALL BE APPURTENANT THERETO AND USED JOINTLY BY SAID PARTIES OF THE FIRST PART AND SECOND PART AND THEIR SUCCESSORS IN INTEREST, AND SHALL BE USED FOR AND BY ALL KINDS OF VEHICLES AND ALL OTHER PURPOSESA NCIDENT TO NORMAL USE OF SUCH LAND, INCLUDING WATER PIPES, SEWER PIPES, ELECTRIC PIPES OR CONDUITS OR POLE LINES, LEADING THERETO, ALL OF WHICH SHALL BE JOINTLY USED BY THE PARTIES HERETO, THEIR SUCCESSORS,_ TENANTS AND LICENSEES, CONTINUED . XH,IS0 C9� PAGE 3 --- 448432 EXCEPTION 5 - .CONTINUED : IT IS AGREED BETWEEN THE PARTIES HERETO THAT SHOULD FIRST PARTIES INSTALL GATES AT. ANY POINT WITHIN REASON ALONG THE SAID RIGHT OF WAY, SECOND PARTIES WILL KEEP THE SAME CLOSED OR LOCKED, IF SO DIRECTED BY THE FIRST PARTIES AND Is FIRST PARTIES FURNISH THE NECESSARY KEYS ALL MAINTENANCE SHALL BE AT THE EXPENSE AND COST OF SECOND PARTIES EXCEPTING WHERE AND WHEN THE ROAD IS JOINTLY USED, IN WHICH EVENE ANY DAMAGE OR REPAIR WORK NECESSARY SHALL BE DONE JOINTLY BY THE PARTIES HERETO. AFFECTS THE NON-EXCLUSIVE EASEMENT REFERRED TO IN PARCEL D. 6. A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS OVER A 20 FOOT STRIP ACROSS THE NORTHERLY PORTION OF SECTION 17, AS GRANTED BY JAMES ROLPH III AND JANE RICHEY ROLPH, HIS WIFE, TO JOHN S. SILLS AND ESTHER M. SILLS, HIS WIFE, AS JOINT TENANTS, BY DEED DATED NOVEMBER 12, 1946 AND RECORDED DECEMBER 13, 1946 IN BOOK 1296 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 394 C41117-G), AND AS GRANTED IN DEED FROM JAMES ROLPH III AND JANE RICHEY ROLPH TO DONALD CLAYTON SPENCER AND MARY JO SPENCER, HIS WIFE, AS JOINT TENANTS, DATED FEBRUARY 18, 1948 AND RECORDED MARCH 9, 1948 IN BOOK 1446 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 199 (19572-H) . AFFECTS PARCEL A. 7. RIGHT OF WAY FOR SINGLE LINE OF POLES AND WIRES ETC. , WITH RIGHT OF INGRESS AND EGRESS, AS GRANTED BY JAMES ROLPH III AND WIFE, TO PACIFIC GAS AND ELECTRIC COMPANY AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, DATED OCTOBER 25, 1948 AND RECORDED NOVEMBER 24, 1.948 IN BOOK 1596 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 546 C63714-H) . AFFECTS PARCEL A. 8. " RI'GHT OF WAY FOR SINGLE LINE OF POLES AND WIRES ETC. , WITH RIGHT OF INGRESS AND EGRESS, AS GRANTED BY JAMES ROLPH III AND WIFE TO PACIFIC GAS AND ELECTRIC COMPANY AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY ' BY GRANT DATED APRIL 20, 1949 AND RECORDED AUGUST 13, 1949 IN BOOK 1699 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 655 (4307-I) . AFFECTS PARCEL A. ::.�- BIT i PAGE 11 --- 4481132 9. AN EASEMENT AND RIGHT OF WAY TO OPERATE AND MAINTAIN AN ELECTRIC TRANSMISSION LINE AS AWARDED TO PACIFIC GAS AND ELECTRIC COMPANY BY FINAL ORDER OF CONDEMNATION RENDERED IN CASE NO. 105162 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATED RECORDED DE CEMBER R 1 1964 IN BOOK 4849 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 41 C92500-X) . AFFECTS PARCEL A. 10. A NON-EXCLUSIVE EASEMENT FOR ROADWAY PURPOSES OVER A STRIP OF LAND 20 FEET IN WIDTH AND A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES WITHIN A STRIP OF LAND 10 FEET WIDE .AS GRANTED IN .DEED FROM COLI.N PETERS, TRUSTEE, ET AL, TO MARY JO SPENCER, DATED NOVEMBER 8, 1974 AND RECORDED DECEMBER 9, 3.974 IN BOOK 6348 Of FILIAL RECORDS OF SAN MATEO COUNTY, PAGE 657 C6425-AI ) AS DESCRIBED IN PARCELS II * AND III THEREIN. AFFECTS PARCEL A. 11 . EASEMENTS FOR INGRESS AND EGRESS AND PUBLIC UTILITIES WITHIN PORTIONS OF THE HEREIN DESCRIBED PROPERTY AS RESERVED AND AS GRANTED IN THE FOLLOWING THREE (3) DEEDS FROM GEORGE S. NOLTE AND MARJORIE A. NOLTE, COLIN PETERS AND CAROL PETERS, FRANK LEE GRIST, SR. , ROGER E. CRIST AND JEANESE C. RO`r3ELL AS TRUSTEES, FRANK LEE CRIST, JR. , AND MARGARET CRIST AND ROGER CRIST AND DIANE CRIST TO: Cl) COLIN AND CAROL PETERS, DATED DECEMBER 29, ' 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 123 (64219-AK) . (-2) GEORGE S . AND MARJORIE A. NOLTE, DATED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 175 (64223-AK), AND RE-RECORDED MARCH 10, 1978 IN BOOK 7724 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 402 (40212-AM) . (3) FRANK LEE CRIST, SR. , ROGER E. CRIST AS TRUSTEE OF JEANESE C. ROWELL CHILDRENS TRUST, FRANK LEE CRIST, JR. AND MARGARET ANNA CRIST, AND ROGER E . CRIST AND DIANE C. CRIST, DATED AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 189 (64224-AK). -CONTINUED- EXHIBIT IT Page of PAGE 5 ---- 448432 EXCEPTICN 11 - .CONTINUED: AFFECTING PARCEL A AND AS RESERVED AND AS GRANTED IN THE FOLLOWING THREE C3) DEEDS FROM COLIN PETERS AND CAROL PETERS TO: a) GEOFFREY' M. PETERS, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 139 C64220-AK) . C2) STEPHEN M. PETERS, DATED DECEMBER 29, .1976 AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN T'tATEO COUNTY, PAGE 151 (6.4221-AK) AND (3). ANNE PETERS, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY, WAGE 163 (64222-AK) AFFECTING PARCEL A AND AS RESERVED AND AS GRANTED IN THE DEED FROM FRANK LEE CRIST, SR. AND EUGENIA M. CRIST TO ROGER E . CRIST AND DIANE C. CRPST, FRANK LEE CRIST, JR. AND CAROLYN G: CRIST, ROGER E . CRIST, AS TRUSTEE OF THE JEANESE C . ROWELL CHI'LDREN' S TRUST, ROGER E. CRIST AS TRUSTEE OF • THE. R0r5ER E. CRIST CHILDREN'S TRUST AND FRANK LEE CRIST, OR. , AS TRUSTEE OF THE FRANK LEE CRIST, JR. CtiILDREN' S TRUST DATED DECEMBER 27, 2977 AND RECORDED DECEMBER 30, 1977 I:N BOOK 7703 OFFICIAL RECORDS OF -SAN MATEO COUNTY, PAGE 567 C15070-AM) AFFECTING PARCEL A. 12 . THE FURNISHING OF EVIDENCE TO THIS TITLE COMPANY THAT COLIN PETERS, TRUSTEE, OR THE SUCCESSOR TRUSTEE, OF THE COLIN AND CAROL PETERS TRUST DATED JANUARY 15, 1973 WAS AUTHORIZED BY THE TERMS OF SAID TRUST TO GRANT THE HEREIN DESCRIBED PROPERTY TO COLIN PETERS BY DEED DATED SEPTEMBER 15, 1975 AND RECORDED SEPTEMBER 18, 1975 IN BOOK 6939 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 14 C91065-AI) . 13 . THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH A STATEMENT OF IDENTITY FROM ANN PETERS, WHICH MAY ALLOW US TO ELIMINATE CERTAIN MATTERS WHICH POSSIBLY AFFECT THE TITLE TO THE HEREIN DESCRIBED PROPERTY. of PAGE 6 --- 448432 140TE ONE: COUNTY TAXES FOR THE FISCAL YEAR 1985-86, PAID, AS FOLLOWS: FIRST INSTALLMENT $435. 22 SECOND INSTALLMENT $435. 22 CODE NO. 066-019 TAX BILL PARCEL NO. 080-330-04O FIRST INSTALLMENT $466. 04 SECOND INSTALLMENT $466. 04 ` CODE NO. 0660995 TAX BILL PARCEL NO. 080-330-140 NOTE TWO : TITLE OF THE VESTEE HEREIN 14AS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF. NOTE THREE : SENATE BILL 1550 (CHAPTER 1004, STATUTES OF 1984) IS EFFECTIVE JANUARY 1, 1985. THIS LAW MANDATES ALL FUNDS BE COLLECTED AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. DELAYS IN CLOSING WILL OCCUR IF FUNDING IS BY OTHER THAN BANK WIRE, CASHIER' S CHECK, OR SIMILAR ITEMS DRAWN ON A CALIFORNIA FINANCIAL INSTITUTION. DRAFTS AND CHECKS DRAWN ON OUT-OF-STATE FINANCIAL INSTITUTIONS MAY BE REQUIRED SEPARATE COLLECTION OR MINI+MUM STATUTORY PERIOD FOR BANK CLEARINGHOUSE PROCESSING IN LIEU OF NOTICE THAT A PARTICULAR ITEM HAS BEEN PAID. MBA.E 081386 2 C APPL. 1 C TICOR-RWC I EXHIS T pa 1' Schedule C The land referred to herein is described as follows: ALL THAT CERTAIN* REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: (FEE) A PORTION OF SECTION 17 TOWNSHIP 7 SOUTH, RANGE 3 WEST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTERLINE OF THE SURVEY OF THE CALIFORNIA STATE HIGHWAY ROAD IV, SAN MATEO COUNTY ROUTE 55, SECTION D, COMMONLY KNOWN AS SKYLINE' BOULEVARD, SAID POINT BEING DESIGNATED AS STATION 286+54 .40 B .C. OF SAID SURVEY; THENCE ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1000 FEET, 428 FEET, MORE - OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 170 SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE, THE FOLLOWING COURSES : THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1000 FEET, 67 .09 FEET, MORE OR LESS; THENCE SOUTH 260 50 ' EAST 426 .97 FEET; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 1000 FEET, THROUGH AN ANGLE OF 180 18 ', AN ARC LENGTH OF 319 .40 FEET; THENCE SOUTH 450 08 ' EAST 1087 . 47 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2000 FEET, THROUGH AN ANGLE OF 90 27 ' 30", AN ARC LENGTH OF 330 .16 FEET; THENCE SOUTH 35° 40' 30" EAST 181. 93 FEET; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 1000 FEET, THROUGH AN ANGLE OF 30 z 571 , AN ARC LENGTH OF 68 . 94 FEET TO A POINT IN THE EASTERLY LINE OF SAID SECTION 17, SAID POINT BEING DESIGNATED AS STATION "P" 315+64 . 36 P.O.C . OF SAID CENTERLINE SURVEY; THENCE LEAVING SAID CENTERLINE ALONG SAID EASTERLY LINE SOUTH 00 05 ' 30" WEST 717 . 66 FEET TO A 4" X 4" STAKE IN A MOUND OF ROCK MARKING THE EAST 1/4 CORNER OF SAID SECTION 17 (SOUTH 00 06 ' 19" EASE PER LICENSED LAND SURVEYOR 'S MAP BOOK NO. 1 AT PAGE ?5, SAN MATEO COUNTY RECORDS; THENCE WEST ALONG THE 1/4 SECTION LINE CONNECTING THE EAST AND WEST 1/4 CORNERS OF SAID SECTION 17, 2640 FEET, MORE OR LESS,, , TO THE CENTER OF SAID SECTION 17; THENCE CONTINUING WEST ALONG SAID 1/4 SECTION LINE, 1625 FEET, MORE OR LESS, TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN 94 .806 ACRE PARCEL DESCRIBED IN THE DEED, RECORDED IN BOOK 1446 OF OFFICIAL RECORDS AT PAGE 199, SAN MATEO COUNTY RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 00 33 ' 29" WEST 1250 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF SAID 94 .806 ACRES, SAID CORNER BEING A POINT IN THE SOUTHERLY LINE OF THAT CERTAIN 15.81 ACRE PARCEL DESCRIBED IN THE DEED RECORDED IN BOOK 1296 OF OFFICIAL RECORDS AT PAGE 394, SAN MATEO COUNTY RECORDS; THENCE ALONG THE SOUTHERLY, EASTERLY NORTHERLY AND WESTERLY LINES OF SAID 15 .81 ACRE PARCEL, THE FOLLOWING COURSES; THENCE SOUTH 870 37 ' 59" EAST 390.21 FEET; THENCE NORTH 790 09 ' 30" EAST 406 .40 FEET; THENCE NORTH 630 09 ' 30" EAST 71 . 20 FEET; THENCE SOUTH 860 50 ' 30" EAST 40. 00 FEET; THENCE NORTH 260 50 ' 30" WEST 45. 00 FEET; THENCE SOUTH 630 09 ' 30" WEST 84 . 58 FEET; THENCE NORTH 330 32 ' 52" WEST 235.58 FEET; THENCE NORTH 510 21 ' 30" EAST 69 .80 FEET; THENCE NORTH 14o 02 ' 30" WEST 388 .01 FEET; TH NCE NORTH 40 30 ' 00" EAST 61 . 47 FEET; THENCE NORTH 170 05 ' 30" WEST 120. 22 FEET; THENCE NORTH 280 56 ' 30" WEST 93 .74 FEET; THENCE NORTH 640 25 ' 00" WEST 90.47 FEET; THENCE NORTH 450 33 ' 00" ST 136 .92 FEET; THENCE SOUTH 770 09 ' 00" WEST 12.80 FEET; THE UT l0 E.7, . CONTINUE 7 53 ' 34" EAST 126.09 FEET; THENCE SOUTH 260 48 ' 30" EAST 104 . 67 FEET; THENCE SOUTH 20 57 ' 30" WEST 139 .14 FEET; THENCE NORTH 890 07 ' 00" •WEST 238 . 63 FEET; THENCE SOUTH 580 13 ' 00" WEST 138 .13 FEET; THENCE SOUTH 800 21' 00" WEST 112.70 FEET; THENCE SOUTH 590 20 ' 30" WEST 102 .97 FEET; THENCE SOUTH 440 43 ' 30" WEST 99 .90 FEET; THENCE SOUTK 250 56' 30" WEST 81 .88 FEET; THENCE SOUTH 60 41 ' 30" EAST 453. 64 FEET TO THE SOUTHWESTERLY CORNER OF SAID 15.81 ACRE PARCEL, SAID CORNER BEING AN ANGLE POINT IN THE NORTHERLY LINE OF SAID 94 . 806 ACRE PARCEL; THENCE ALONG SAID NORTHERLY LINE WEST, 854 .53 FEET TO THE NORTHWESTERLY CORNER OF SAID 94 .806 ACRE FEARCEL, SAID CORNER BEING A POINT IN THE WESTERLY LINE OF SAID SECTION 17; THENCE ALONG SAID WESTERLY LINE, NORTH, 1373.11 FEET TO THE SECTION CORNER COMMON TO SECTIONS 7, 8, 17 AND 18 IN SAID TOWNSHIP AND RANGE; THENCE ALONG SAID NORTH LINE OF ' SECTION 17, EAST, 2640 FEET, MORE OR LESS, TO THE NORTH 1/4 SECTION CORNER; THENCE CONTINUING ALONG SAID NORTH LINE, EAST, 750 FEET, MORE OR LESS, TO THE POINT OF BEGINNING . EXCEPTING SO MUCH THEREOF LYING WITHIN THE BOUNDS OF SAID SKYLINE BOULEVARD . ALSO EXCEPTING THEREFROM THAT PORTION THEREOF AS DESCRIBED IN THE DEED FROM SKYLINE LANDS, INC ., A CALIFORNIA CORPORATION TO JOHN S . SILLS AND ESTHER M. SILLS, HIS WIFE, DATED NOVEMBER 22, 1961 AND RECORDED OCTOBER 9, 1962 IN BOOK 4309 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 174 C21176-Vj . CONTINUED T • ��9i`3 Of PARCEL B: (EASEMENT) AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN 117 . 691 ACRE PARCEL, SHOWN UPON THE MAP ENTITLED, "SURVEY OF. 117 . 691 ACRE TRACT", RECORDED IN VOLUME 1 OF LICENSED SURVEYOR 'S MAPS AT PAGE 75, SAN MATEO COUNTY RECORDS, SAID CORNER BEING THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF STATE HIGHWAY, DISTRICT IV, ROUTE 55, COMMONLY KNOWN AS THE SKYLINE BOULEVARD, WITH THE SECTION LINE COMMON TO SECTIONS 16 - AND 17, TOWNSHIP 7 SOUTH, RANGE 3 WEST, M.D.M.; FROM WHICH STATION 316+19.90 OF THE CENTERLINE OF SAID HIGHWAY BEARS NORTH 470 11 ' 35" EAST 50. 00 FEET; THENCE LEAVING SAID SECTION LINE ALONG SAID SOUTHWESTERLY LINE ALONG A CURVE TO THE LEFT, FROM A TANGENT BEARING SOUTH 420 48 ' 25" EAST, WITH A RADIUS OF 1050 FEET, THROUGH A CENTRAL ANGLE OF 210 06 ' 351f, AN ARC LENGTH OF 386 .86 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTH 360 39 ' 09" WEST, 515. 09 FEET TO A 41lX4" STAKE IN A MOUND OF ROCK MARKING THE EAST 1/4 CORNER OF SAID SECTION 17; * THENCE ALONG THE WESTERLY LINE OF SAID 117 . 691 ACRE PARCEL, NORTH 00 06 ' 19" WEST 642. 80 FEET TO THE POINT OF BEGINNING . PARCEL C : (EASEMENT) A 25 . 00 .FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE FOLLOWING DESCRIBED PARCEL; A STRIP OF LAND 25. 00 FEET WIDE LYING EASTERLY AND SOUTHERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: BEGINNING AT. THE MOST NORTHERLY CORNER OF THAT CERTAIN 117 . 691 ACRE PARCEL, SHOWN UPON THE MAP ENTITLED, "SURVEY OF 117 . 691 ACRE TRACT", RECORDED IN VOLUME 1 OF LICENSED SURVEYOR 'S MAPS AT PAGE 75, SAN MATEO COUNTY RECORDS, SAID CORNER BEING THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF STATE HIGHWAY, . DISTRICT IV, ROUTE 55, COMMONLY KNOWN AS THE SKYLINE BOULEVARD, WITH THE SECTION LINE COMMON TO SAID SECTIONS 16 AND 17, FROM WHICH STATION 316+ig . g0 OF THE CENTERLINE OF SAID HIGHWAY BEARS. NORTH 470 11 ' 35" EAST 50. 00 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG THE WESTERLY LINE OF SAID 117 . 691 ACRE PARCEL SOUTH 00 06' 19" EAST 642. 80 FEET TO A 41lX4" STAKE IN A MOUND OF ROCK MARKING THE EAST 1/4 CORNER OF SAID SECTION 17; THENCE LEAVING SAID WESTERLY LINE WEST ALONG THE 1/4 SECTION LINE CONNECTING THE EAST AND WEST 1/4 CORf.ERS OF' SAID SECTION 17, 2640 FEET, MORE OR LESS, TO THE CENTER OF SAID SECTION 17; THENCE CONTINUING WEST ALONG SAID 1/4 SECTION LINE, 1625 FEET, MORE OR LESS, TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN 94 .806 ACRE PARCEL DESCRIBED IN THE DEED, RECORDED IN BOOK -XtjislT CONTINUE D page ofN� I PARCEL C: (EASEMENT) CONTINUED 1446 OF OFFICIAL RECORDS AT PAGE 199, SAN MATEO COUNTY RECORDS . EXCEPTING THEREFROM THAT PORTION •THEREOF WHICH LIES WITHIN PARCEL , B ABOVE . PARCEL D: (EASEMENT) A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR AND BY ALL KINDS OF VEHICLES AND ALL OTHER PURPOSES INCIDENT TO NORMAL USE OF SUCH LAND, INCLUDING WATER PIPES, SEWER PIPES, ELECTRIC PIPES OR CONDUITS OR POLE LINES LEADING THERETO, TO BE USED IN COMMON WITH OTHER PARTIES OVER, ACROSS AND UNDER A STRIP OF LAND 10 FEET ON EITHER SIDE OF THE HEREINAFTER DESCRIBED LINE, TO-WIT: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF THE SKYLINE BOULEVARD WITH THE CENTER LINE OF A SMALL RANCH ROAD LEAVING SAID SKYLINE BOULEVARD ON THE SOUTHWESTERLY SIDE AT STATION 287 PLUS 37 .60 OF SAID SKYLINE BOULEVARD; THENCE UP . THE CENTER LINE OF SAID RANCH ROAD, THE FOLLOWING COURSES AND DISTANCES: NORTH 60° 12' WEST 100 . 61 FEET, NORTH 69° 9 ' WEST 132.38 FEET; NORTH 500 33 ' WEST 112.79 FEET; NORTH 620 53 ' WEST 112 . 67 FEET; THENCE ON A CURVE TO- THE LEFT WITH A RADIUS OF 100 FEET, 45.79 FEET; THENCE NORTH 890 7 ' WEST 133 . 52 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 122 FEET, 129 .11 FEET; THENCE NORTH 280 29' WEST 39.25 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 90 FEET, 95.35 FEET; THENCE NORTH 890 11 ' WEST 128 .10 FEET; NORTH 76° 18 ' WEST 161 .76 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 100 FEET, 68.68 FEET; THENCE NORTH 360 57 ' WEST 127 . 81 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET, 36.18 FEET; THENCE NORTH 57o 41' WEST 32. 27 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF *100 FEET, 79. 24 FEET, CROSSING THE OLD RIDGE ROAD; THENCE SOUTH 760 55' WEST 191. 21 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 100 FEET, 53 .87 FEET; THENCE NORTH 720 13 ' • WEST 95.38 FEET; THENCE ON A CURVE TO THE LEFT WITH A, RADIUS OF 100 FEET, 99 .95 FEET; THENCE SOUTH 500 31 ' WEST 70 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET, 59. 69 FEET; THENCE SOUTH 16° 19 ' WEST 237 . 68 FEET; SOUTH 100 2 ' WEST 124 . 98 FEET.; SOUTH 23° 44 ' WEST 74 .70 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 50 FEET, 60 . 55 FEET; NORTH 860 53 ' WEST 18 . 25 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 50 FEET, 77 .11 FEET; THENCE SOUTH 4° 45 ' WEST 92 .27 FEET; THENCE ON A CURVE TO THE RIGHT, WITH A RADIUS OF 50 FEET, 73 .30 FEET; THENCE SOUTH 88° 45 ' WEST 14 . 76 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 50 FEET, 27 . 22 FEET; THENCE NORTH 60° 4 ' WEST 122. 50 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 25 FEET, 55.36 EET; THENCE SOUTH 60 57 ' EAST 53 . 59 FEET AND TO THE NORTH LINEdFiEI , page of CONTINUED • -"�, ..,,,...I.. ,f", ,Fly i �� 44 1•'uPY.ra IwwA•Ari RA•r .y/1af IM lAl'r!•NrN • 1.'1.1'••ro "MY-10 I.•Ca Jr'r• dY`rA •••;•rI�lrer :'•' ..PIP I \{a r,Ir 1a�.• SAS A I J 1 J't: r•A•L.troll lAY rof•r; pOrCl/ •/ 1 A�'1•••�� r sue...wr• II�lti Y./• /y/� e:.r �,I , y v�i�.vu....n»a.,. /�•.•ftl��f:f,e//J a/`�/•� wry. En i� � •,r, .tr.r//r N/.Y let � � i•._.�,\ • { �j • � IwfJ♦ JP ,c.fuy+.•�..ar.. Ilree/ ? , ``y�� .'-11� 1• <?i+��l� � i I es 4.1 11., Aar 7 �p •, �1�A Z :.,.., -.;N..r._,...�. -• .n'rF- Nle e•• !_ ..1�y.r.... _'� Jima vl{•r'h• t "r yr•y..lw A...- taw;.a.a��KJ '':4� rt�1 . l r.0 r•...F'.v w 1 N! IN •Irlr•ryAro •NY"IYII.V A•/•r.MMIh L..Y+ l/rl/a•Y'.W; •L:^'I..J•M j^ 1Nb Ale l7 9r/7 .lw/B 'lu wrr ux A•^n•wv^ !B'7J -X4{ �" _.l rsr✓.. J.rr. y _1aw....w.a•_' •AK/! A►ro Ir Wj •rY•JYI �- Jet AV %C 0/ .vv /•�r aw i`..�r --Y..: .a•a...•N )1'll (• A 7r•,r.,/.�I h Armor �� • .I.•.�MY 'na..• n III / •'/•'/a.Uro' �N y�•,I • ti, Yarf tr/yM•.yra l.a rnrr It .tiAI K •A••,N•!�`• I •I 1 !!••n r•4N •;'/'/'r•w// ` •`�. + P I.t r/ J •. .f I YI::l:/ war • ! C O'tiwr.y'1raM prrr � `� IA.�4ry/r...• 1 -II 1 • A yr w...••!r•w i PI•tt/ / t . 't X P,u/ 7p d:,a rl••'+p ^JJ:-rpl,•,nJ �r NOL Tf,P.=;rfF.5, CR/ST 1 ' I � ,on Matto c• Cuhl•rnlu 1. PARCEL D: (EASEMENT) CONTINUED, NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 3 WEST.. M.D. B. & M. PARCEL E : (EASEMENT) A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS FOR AND BY ALL KINDS OF VEHICLES AND FOR ALL OTHER PURPOSES INCIDENT TO THE NORMAL USE OF SUCH LAND, INCLUDING MAINTENANCE OF WATER PIPES, SEWER PIPES, ELECTRIC PIPES OR CONDUITS OR POLE LINES, TO BE USED IN COMMON WITH OTHER PARTIES OVER, ACROSS AND UNDER A STRIP OF LARD TEN (10) FEET ON EITHER SIDE OF THE HEREINAFTER DESCRIBED LINE, TO-WIT: BEGINNING AT A POINT ON THE NORTHERLY. LINE OF THE 15.81 ACRE, MORE OR LESS, PARCEL OF LAND DESCRIBED IN PARCEL 1 OF THE DEED FROM JAMES ROLPH III AND JANE R I CHEY ROLPH, HIS WIFE, TO JOHN S . SILLS AND ESTHER M. SILLS, HIS WIFE, DATED NOVEMBER 12, 1946 AND RECORDED DECEMBER 13, 1946 IN BOOK 1296 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 394 (41117-G), WHICH POINT BEARS SOUTH 770 09 ' WEST 6.40 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE FROM SAID POINT OF BEGINNING SOUTH 220 55 ' 56" EAST 381 .70 FEET; THENCE SOUTH 110 34 ' EAST 195. 93 FEET; THENCE SOUTH 340 511 EAST 95. 00 FEET; THENCE SOUTH 360 36 ' 10" EAST 104.45 FEET; THENCE SOUTH 280 50 ' 25" EAST 265. 94 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT ON A RADIUS OF 45 FEET THROUGH A CENTRAL ANGLE OF 390 57 ' 01" AN ARC DISTANCE OF 31 .38 FEET; THENCE TANGENT TO THE PRECEEDING' CURVE SOUTH 110 06 ' 36" WEST 72.73 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID 15.81 ACRE PARCEL, SAID POINT BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE GIVEN AS SOUTH 630 09' 30" WEST 71. 20 FEET IN THE DESCRIPTION OF SAID 15.81 ACRE PARCEL. IT of Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not 3 Title Risks: insured against loss,costs,attorneys'fees and expenses result. • that are created,allowed or agreed to by you ing from: • that are known to you,but not to us,on the Policy Date- 1 Governmental police power, and the existence or violation unless they appeared in the public records of any law or government regulation. This includes building ■ that result in no loss to you = and zoning ordinances and also laws and regulations con- that first affect your title after the Policy Date—this does earning: not limit the labor and material lien coverage in Item 8 of • land use Covered Title Risks • improvements on the land 4 Failure to pay value for your title. land division • environmental protection 5 Lack of a right: This exclusion does not limit the zoning coverage described • to any land outside the area specifically described and in Items 12 and 13 of Covered Title Risks, referred to in Item 3 of Schedule A,or • in streets,alleys or waterways that touch your land ti The right to take the land by condemning exclusion a in Item 5 unless a no This exclu does not limit the access coverage lice of taking appears in the public records on the Policy g Date. of Covered Title Risks. SCHEDULE B—STANDARD EXCEPTIONS I (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (B) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (D) Any water rights,claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA 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 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 insured by this policy or acquired the insured mortgage and not disclosed in writingb h y the insured claimant to the Company prior to the date such insured clamant became an insured hereunder; (c) r suiting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent ' urance t asse nts for is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforde ire as street improvements under construction or completed at Date of Policy). t'" � G. Unenforceabi!ity of the lien of the insured mortgage because of failure of the insured at Date of PolicPat;jp,Pan s seen r of the indebtedness to comply with applicable "doing business"laws of the state in which the land is situated. CALIFORNIA LAND TITLE ASSOCIATION STANDARD C�V����E ���L���—�8�� (Amended 12-6-85mnd 2-20-86' � � SCHEDULE B PART V � This policy does not insure against lossmdamage,nor against costs.����^��o,�� U�v�� ,hefo|�wing� expenses, hs�seby reason of � 1. Taxes o,assessments which are not shown ay existing liens by the records of any taxing authorixythat kmiest�xeso, sseo on 'oa| p'opertyo, bvthe pwb|in reun/ds. m sm"en,s Proceedings by a public agency which may result in taxes Or assessments.or notices of such proceedings,whetheror not shown by the records of such agency orbv the public records. � 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens o, encumbrances, o, claims thereof, which are not shown by the public records. 4. Disc,epancies, conflicts in boundary lines,lines, mencroachments,ago in area, encroachments, o, any other facts which ocor,ec^survey would disclose, and which are not shown by the public records. 5. (a)Unpaten,ed mining claims;(b)reym,vad �onoo,ex�ep/ionminue�on�sm,inAc�m�uxhor�ai�g�heiamvmnu��hmro �(c)vvm»arrighxy claims or title to water, whether or not the matters excepted under(a), (b)' or (c) are shown by the pubUc records. ~ 6. Any right,title,interest,estate or easement inland beyond the lines of the area specifically described or referred toin Schedule C, i or n abutting streets.roads,avenues,alleys,lanes,ways nr waterways,but nothing in this paragraph shall modify m,limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating o, prohibiting the occupancy, use or enjoyment of the |and, or regulating the cbaraoter, dimensions or location of any improvement now o,hereafter erected on the land,or prohibiting a separation inovvne,shiporacha'" o urn�e�o`goin�hedimenmi n� � the land or any parcel of which the land is or was a part,whether or not shown by the public records~t Date of Policy,oth anv°m/at/onofanysuuhlav^ u,dinanceor�ovo,nm�n�o| [egu|a�ivn'vvhe�hermrno� shov"nby,hmubOn,mu�rdse,°"a�=="=�v^ p ev'Policy. 8.oRightsof eminent domain v,govo,nmenm|rights of police power unless notice mf the exercise of such rights appears inthe public � S. Defects.liens,encumbrances,adverse claims,or other matters(a)whether or not shown by the public records ax Date ofPolicy,but � created, caused, svffe,ed, assumed or agreed to by the insured claimant; (b) not shown by the public records and not- otherwis of e Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured /eimam;(d)attaching or created subsequent to Date of Policy; mr<e> resulting in usn =rdamuga which would not have been sustained n the insured claimant had been a purchaser nr encumbrancer for value without knowledge. " nI Any facts,rights,interest or claims which are not shown bythe public records but which could be ascertained by making inquiry of the lessors in the /eeon or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms. covenants and conditions of the lease or iaasoo��mo,i�ed o referred� i Schedule A. ,, ne u n ' AJMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-'1970 , (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) ,e���od or regulating o, prohibiting �he 000upancy. use or enjoyment of the land,o,egu/adngthe character di � ng loca- tion of any improvement now or hereafter erected on the land,orprohib'dnQa separation in - mens i on�q� the dimensions of area of the land. o, the effectof any viobd~no' any such law, mwnm'snpo'ene�«c«/o��� 'ordinance or regulation. 3' Rinhmof eminent domain or governmental rights of police power unless notice oftheexp � e f such i h the public records ax Date ofPolicy. nn« o sw rgmeppeam�n 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed agreed b h � � claimant; (b) not known to the Company and not shown by* xhm public rco,dsb k or aQree o y � e insured at Date of Policy or at the dam such claimant acquired an estate o,int'r��by���opmm*n�ozhp in«u'rdc|aima"�ei�her thr i d i ^^ '" v'/cv an� nn�u {med i i i �n no |ue o, dmmagp �o �h insured '/�i - --- '--� insured ~'^''''~''` "=~""'v an insured^ d � ) e nour�ocamant�<d> ~^~'~~ ^ '"=^' damage which would not have been sustained if -'--�''= - -`~~~ ^~~^~»~~''^`"uu�rc» mo/ this policy. -- insured' claimant^ had p=" value for the t����� m� p,�o�aKOffice: G3QOYN|ahire Boulevard,FO� 8ox Q27B2. Los AnBobo.Ca|i�or | ----------------' _ ' -_--_- - �'�� RECORDING REQUESTED BY ORDER LPN 0;3-330-040 and —140 WHEN RECORDED,MAIL TO F- \IiJpeninsula Regional Open Space District OL `.,:LL r)F-F'CECEN'r1:R.IJUILDING C.SUITE 135 s . -. ciRct.E_%ioU.vrAIN VIM CA 94040 L SPACE ABOVE THIS LINE FOR RECORDER'S USE D',*L'-: -F-Er-OPOED WITHOUT FEE NO TRANSFER TAX DUE PUR5UZ't-*"'T TO GOVERNMENT CODE S--C----0'; 27383 -FUiL—ICAGENCY—ACQ—UIRIN.-G TITLE, CALIFORNIA REVENUE AND TAXATION BY; CODE SECTION 11922 %mran t Dee " FOR A VALUABLE CONSIDERATION, COLIN PETERS and CAROL PETERS, husband and wife; GEO.FF---1EY M. PETERS, a married man as his sole and separate property; STEPHEN M. PETERS aTd ANNE PETERS hereby GRANT(S) to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district th= following described real property in the County of San Mateo State of California: 14 Being, more particularly described in Exhibit "A" as attached hereto and incorporated herein by this reference. li Dated Colin Peters STATE OF CALIFORNIA CCUNT'V OF SS. Carol Peters On, before me, the under- sig ed, 2 Notary Public in and for said State,personally appeared --7C—e6­f­Fr—ey known to me to -,—he Person whose nanie- subscribed to the within `Step--h—e-n--1-f -,nd acknowledged that____ the same. N1,`iT.\'r:S,S m.y liand and official seal. Anne Peters Name(Typed or Printed) (This area for i i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO EX- TINGUISH CLOUD ON TITLE TO REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF QUITCLAIM TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - BULLIS INTEREST) 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 and approve that � certain Agreement to Extinguish Cloud on Title to Real Property between Richard S . Bullis 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 and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appro- priate officer is authorized to execute a Certificate of Acceptance to any deed (s) quitclaiming title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance and approval of agreement to sellers. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The sum of $260,000. 00 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. i AGREEMENT TO EXTINGUISH CLOUD ON TITLE TO REAL PROPERTY BETWEEN RICHARD S. BULLIS AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AGREEMENT TO EXTINGUISH CLOUD ON TITLE TO REAL PROPERTY This Agreement is made and entered into as of 1986 by and between RICHARD S. BULLIS ("Seller") and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District ("District") . RECITALS A. Seller is 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 in: (1) Preliminary Title Report No. 448432 , dated March 21 , 1985 from Ticor Title Insurance Company, a copy of which is labeled Exhibit "A" as attached hereto and incorporated herein by this reference, constituting 235 acres, more or less, and (2) Preliminary ,Title Report No. 454712 , dated August 8 , 1986 from Ticor Title Insurance Company , a copy of which is labeled Exhibit "B" as attached hereto and incorporated herein by this reference, constituting 284 acres, more or less; for a total land area of approximately 519 acres ( "the Property") . A Copy of the Option, which has been recorded with the San Mateo County Recorder, is attached hereto and incorporated herein as Exhibit "C" . B. Although the Option, by its terms, appears to have expired, optionee (Seller) asserts that it remains in full force and effect and that Seller continues to have an interest in the Property which constitutes a "Cloud" on the fee simple interest of optionor. C. The Property includes land which has natural beauty, open space and recreational value currently of interest to District. D. District 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. Page 2 E. Seller desires to sell all of his right, title and inter- est, if any, in the Property and extinguish any possible Cloud on the title to the Property, and District desires to purchase all of Seller' s right, title and interest, if any, in the Property and extinguish any possible Cloud on the title to the Property for the consideration and on the terms and conditions hereinafter set forth. F. Concurrently with the purchase that is the subject of this Agreement by District, District is also purchasing the Property which is the subject of the Option. District's obligations here- under are conditional upon the purchase by District 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 District and District hereby agrees to purchase from Seller all of Seller' s right, title and interest in and to the Property, if any, and extinguish Seller' s possible Cloud on the fee title to the Prop- erty (hereinafter called "the Interests in the Property") as described herein upon the terms and conditions hereinafter set forth. 2. Purchase Price . The total purchase price ("Purchase Price") for the Interests in the Property shall be Two Hundred Eighty-Two Thousand and No/100 Dollars ($282 ,000.00) , which shall be payable in cash at the "Closing , " (as defined in Section 3 hereof) . Page 3 3. Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at Ticor Title Insurance Company, Phone: (415) 366-9551, or other title company acceptable to District ("Escrow Holder") through which the purchase and sale of the Inter- ests in 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, the documents to be deposited into the escrow as herein provided, with the fol- lowing terms and condtions to apply to said escrow: a. The time provided for the close of the escrow shall be on or before the expiration of thirty (30) days following execution of this Agreement by both District 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 Quitclaim Deed to be du=v recorded in the Office of the County Recorder of San Mateo County. b. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. Page 4 C. Seller shall deposit into the escrow on or before the Closing a fully executed and recordable Quitclaim Deed (in the form attached hereto as Exhibit I'D") for the purpose of clearing the record of any and all interest in the Property held by Seller. d. District shall deposit into the escrow, on or before the Closing: (i) the required Certificate of Acceptance for the Quitclaim Deed, duly executed by District and dated as of the Closing, and (ii) District's check payable to Escrow Holder in the amount of Two Hundred Eighty-Two Thousand and No/100 Dollars ($282,000. 00) . e. The Closing and District's and Seller' s obligations hereunder shall be additionally conditioned upon the close of the related escrow for the purchase of the fee simple interest of optionor in the Property by District. f. District shall pay the escrow fees, documentary trans- fer 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 District and Seller in the manner customary in San Mateo County, California. g. District shall cause Ticor Title Insurance Company at 333 Marshall Street, Redwood City, California 94063 , or other title company acceptable to District, to be prepared and committed to deliver to District a Standard Coverage ALTA Policy of Title Insurance, dated as of the Closing, insuring District' s title free of any and all interests of Seller in the Property as described in Exhibits "A" and "B" . Page 5 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 Quitclaim Deed from Seller to District 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 Escrow Holder' s check for the full Purchase Price for the Interests in the Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, 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 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 parties 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 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. 5. Seller' s Representations and Warranties. For the purpose of inducing District to enter into this Agreement and to consummate the sale and purchase of the Interests in the Property, in accord- ance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: Page 6 5 . 01. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the trans- actions contemplated hereunder. 5. 02. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Interests in the Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. Miscellaneous Provisions . 6. 01. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles , shall govern the validity of this Agreement, the construction of its terms and the interpretaion of the rights and duties of the parties . 6. 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 all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. Page 7 6. 03. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: M 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 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. 6. 04. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive 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 par- tial 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. 6. 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 Agree- ment 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: Seller: Richard S. Bullis 611 Washington, #2104 San Francisco, CA 94111 (415) 392-7331 Page 8 District: 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 cc: Stanley Norton, District Counsel 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 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 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. 6. 06 . Disclaimer of Representations . District and Seller agree that, except as otherwise specifically provided herein, neither Seller, nor any of its employees , representatives, or agents have made any representations , warranties or agreements as to any matters 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 Prop- erty or such improvements for any use intended by District. District agrees to purchase and Seller agrees to deliver the Interests in the Property at the Closing in an "as is" condition without reliance by District 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. Page 9 6. 07 . Severability. If any of the provisions of this Agree- ment 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 parties further agree to replace such void or unenforceable provisions. 6. 08. .Counter2arts . 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. 6. 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. 6. 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 between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof; and it supersedes any and all prior correspond- ence, conversations, negotiations, agreements or understandings relating to the same subject matter. 6 .11. Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. Page 10 6. 12 . Survival of Covenants . All Covenants of District or Seller which are expressly intended hereunder 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 par- ties hereto and their respective heirs, successors and permitted assigns. 6. 13. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. 6. 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. 6. 15. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 6. 16. Captions . Captions are provided herein for con- venience 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. 6. 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. Page 11 6. 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. 7. Acceptance. District shall have until September 11, 1986 to accept and execute this Agreement and during said period this instru- ment shall constitute an irrevocable offer by Seller to sell and convey the Interests in the Property to District for the considera- tion and under the terms and conditions herein set forth. As consid- eration for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10.00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Page 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to �� executed by their duly authorized officers to be effective as of to day and year first above written. :IDPENINSULA REGIONAL OPEN SPACE SELLER: DISTRICT: P?P ROVED AS TO FORM: Ri and S. Bullis Date: dt-anley or'ton, District Counsel ACC=PTED FOR RECOMMENDATION: L. Craig Britton Lana Acquisition Manager A--PP-ROVED AND ACCEPTED: President, Board of Directors A7T�ST D-s-rict Clerk Date . Page 13 CONSENT OF SPOUSE I certify that: 1) I am the spouse of Richard S. Bullis who is described as the Seller in the foregoing Agreement. 2) I hereby confirm that the asserted interests in real property which are the subject of the Agreement are my husband' s separate property. 3. I have read the terms and provisions of the Agreement and consent and approve of the same. Executed on 1986 at Palo Alto, California. ANNETTE ALPEN BU LIS CAT.NO.NNf31103-Usa with NN01113 , TO 528 CA-Part 1 (5-83) TICOR TITLE INSURANCE SAN MATEO COUNTY OFFICES 0 333 Marshall Street.Redwood City 04063 (415)366-9551 ❑1182 Chestnut Street,Menlo Park 94025 (415)323-6101 0 1111 Scum El Camino Real,San Mateo 94402 (415)349-1604 ❑223 Et Camino Real.San Bruno 94066 (415)583-3991 O 1035 E.Hillsdale Blvd..Suite 150.Foster City 94404 (415)574-5357 PREUMINARY REPORT MID PENINSULA REGIONAL OPEN IMPORTANT SPACE DISTRICT When ng reP 1Y o ireferto 375 DISTEL DRIVE Our No. 448432—RWC LOS ALTOS, CALIFORNIA 94022 Your No. -- • SUPPLEMENTAL In response to the above referenced application for a Policy of Title Insurance,TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby 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 below 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 on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. This Report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a Policy of Title 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. Dated as of MARCH 21, 1985 at 7:30 a.m. MYRLE J . WELCH MARK SHEPHERD Escrow Officer Title Officer The form of Policy of Title Insurance contemplated by this Report is: ❑ ALTA Residential Title Insurance Policy- 1979 ❑ ALTA Loan Policy- 1970 with ALTA Endorsement Form 1 Coverage(Amended 10-17-70) ❑ CLTA Standard Coverage Policy- 1973 ❑ ALTA Owner's Policy Form B- 1970(Amended 10-17-70) 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: COLIN AND CAROL PETERS, AS TO AN UNDIVIDED 23/47 INTEREST; GEOFFREY M. PETERS, A MARRIED MAN, BY DEED RECORDED DECEMBER 29, 1976 WHICH RECITES "AS SEPARATE PROPERTY", AS TO AN UNDIVIDED 8/47 INTEREST; STEPHEN M. PETERS, AS TO AN UNDIVIDED 8/47 INTEREST; AND ANNE PETERS, AS TO AN UNDIVIDED 8/47 INTEREST At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions c¢ i)b t sai olicy form %;otrid be as follows: (See Attached) E) I i(i� Page o� PAGE 2. --- 4481132 1. TAXES FOR THE FISCAL YEAR 1985-86, A LIEN, NOT YET DUE OR PAYABLE, INCLUDING SUPPLEMENTAL TAXES AND/OR PERSONAL PROPERTY TAXES, IF ANY, AMOUNT NOT ASCERTAINABLE. 2. SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA. 3. EASEMENT FOR ROAD PURPOSES OVER SO MUCH OF THE HEREIN DESCRIBED PROPERTY AS LIES WITHIN EXISTING ROADS OR HIGHWAYS. 4 . RIGHT OF WAY FOR SINGLE LINE OF POLES AND WIRES FOR DISTRIBUTION OF ELECTRICITY, WITH RIGHT OF INGRESS AND EGRESS, AS GRANTED BY ROBERT ANDERSON AND GRACELLA R . ANDERSON, HUSBAND AND WIFE, TO PACIFIC GAS AND ELECTRIC COMPANY; A CORPORATION, BY GRANT DATED JUNE 6, 1932 AND RECORDED JULY 25, 1932 IN BOOK 571 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 197 (11124-C) . AFFECTS PARCEL A. 5. TERMS AND PROVISIONS AS CONTAINED IN AGREEMENT FOR RIGHT OF WAY BETWEEN ROBERT ANDERSON AND GRACELLA R. ANDERSON, HIS WIFE, PARTIES OF THE FIRST PART, AND E . LOWELL SUMNER, JR. AND ETHEL CRAIG SUMNER, HIS WIFE, PARTIES OF THE SECOND PART DATED MARCH 20, 1934 AND RECORDED APRIL 10, 1934 IN BOOK 618 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 341 C39805-C7 WHICH PROVIDE AS FOLLOWS: SAID RIGHT OF WAY SHALL BE USED AS A MEANS OF INGRESS AND EGRESS TO AND FROM THE LANDS OF SAID SECOND PARTIES AS AFORESAID, TO WIT: THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 3 WEST MOUNT DrABLO BASE & MERIDIAN AND SHALL BE APPURTENANT THERETO AND USED JOINTLY BY SAID PARTIES OF THE FIRST PART AND SECOND PART AND THEIR SUCCESSORS IN INTEREST, AND SHALL BE USED FOR AND BY ALL KINDS OF VEHICLES AND ALL OTHER PURPOSES INCIDENT TO NORMAL USE OF SUCH LAND, INCLUDING WATER PIPES, SEWER PIPES, ELECTRIC PIPES OR CONDUITS OR POLE LINES, LEADING THERETO, ALL OF WHICH SHALL BE JOINTLY USED BY THE PARTIES HERETO, THEIR SUCCESSORS,, TENANTS AND LICENSEES . -CONTINUED- EXHIBIT Fade '1,..- 0 PAGE 3 --- 448432 EXCEPTION 5 - CONTINUED: IT IS AGREED BETWEEN THE PARTIES HERETO THAT SHOULD FIRST PARTIES INSTALL GATES AT ANY POINT WITHIN REASON ALONG THE SAID RIGHT OF WAY, SECOND PARTIES WILL KEEP THE SAME CLOSED OR LOCKED, IF SO DIRECTED BY THE FIRST PARTIES AND IF FIRST PARTIES FURNISH THE NECESSARY KEYS ALL MAINTENANCE SHALL BE AT THE EXPENSE AND COST OF SECOND PARTIES EXCEPTING WHE?E AND WHEN THE ROAD IS JOINTLY USED, IN WHICH EVENE ANY D , G' fv n E OR REPgIR WORK NECESSARY SHALL BE DONE JOINTLY BY THE PARTIES HERETO. AFFECTS THE NON-EXCLUSIVE EASEMENT REFERRED TO IN PARCEL D. 11 a. A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS OVER A 20 FOOT STRIP ACROSS THE NORTHERLY PORTION OF SECTION 17, AS GRANTED BY JAMES ROLPH III AND JANE RICHEY ROLPH, HIS WIFE, TO JOHN S. SILLS AND ESTHER M. SILLS, HIS WIFE, AS JOINT TENANTS, BY DEED DATED NOVEMBER 12, 1946 AND RECORDED DECEMBER 13, 1946 IN BOOK 1296 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 394 C41117-G), AND AS GRANTED IN DEED FROM JAMES ROLPH III AND JANE RICHEY ROLPH TO DONALD CLAYTON SPENCER AND MARY JO SPENCER, HIS WIFE, AS JOINT TENANTS, DATED FEBR UARY 18, 1948 AND RECORDED MARCH 9, 1948 IN BOOK 1446 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 199 C19572-H) . AFFECTS PARCEL A. 7. RIGHT OF WAY FOR SINGLE LINE OF POLES AND WIRES ETC . , WITH RIGHT OF INGRESS AND EGRESS, AS GRANTED BY JAMES ROLPH III AND WIFE, TO PACIFIC GAS AND ELECTRIC COMPANY AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, DATED OCTOBER 25, 1948 AND RECORDED NOVEMBER 24, 1948 IN BOOK 1596 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 546 C63714-H) . AFFECTS PARCEL A. 8. RIGHT OF WAY FOR SINGLE LINE OF POLES AND WIRES ETC., WITH RIGHT OF INGRESS AND EGRESS, AS GRANTED BY JAMES ROLPH III AND WIFE TO PACIFIC GAS AND ELECTRIC COMPANY AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, BY GRANT DATED APRIL 20, 1949 AND RECORDED AUGUST 13, 1949 IN BOOK 1699 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 655 C4307-0 . AFFECTS PARCEL A. EXHIBIT Page o1 PAGE 4 --- 448432 9. AN EASEMENT AND RIGHT OF WAY TO OPERATE AND MAINTAIN AN ELECTRIC TRANSMISSION LINE AS AWARDED TO PACIFIC GAS AND ELECTRTG OM C PAN Y BY FINAL F ORDER OF CO NDEMNATION EMNAT ION REN DERED IN C *SE NO. 105162 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA It: AND FOR THE COUNTY OF SAN MATEO, RECORDED DECEMBER 1, 1964 IN BOOK 4849 OFFICIAL F IAL RECORDS OF SAN MATEO COUNTY, PAGE 41 (92500-X) . AFFECTS PARCEL A. C. A NON-EXCLUSIVE EASEMENT FOR ROADWAY PURPOSES OVER A STRIP OF LAND 20 ,FEET IN WIDTH AND A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES WITHIN A STRIP OF LAND 10 FEET WIDE .AS GRANTED INDEED FROM COLLN PETERS, TRUSTEE, ET AL, TO MARY JO SPENCER, D;,TED NOVEMBER 8, 1974 AND RECORDED DECEMBER 9, 1974 IN BOOK 6'48 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 657 C6425-AI) AS DESCRIBED IN PARCELS II AND III THEREIN. AFFECTS PARCEL A. ��. EASEMENTS FOR INGRESS AND EGRESS AND PUBLIC UTILITIES WITHIN PORTIONS OF THE HEREIN DESCRIBED PROPERTY AS RESERVED AND AS GRANTED IN THE FOLLOWING THREE (3) DEEDS FROM GEORGE S . NOLTE AND MARJORIE A. NOLTE, COLIN PETERS AND CAROL PETERS, FRANK LEE CRIST, SR. , ROGER E . CRIST AND JEANESE C. ROWELL AS TRUSTEES, FRANK LEE CRIST, JR. , AND MARGARET CRIST AND ROGER CRIST AND DIANE CRIST TO: (1) COLIN AND CAROL PETERS, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK fi341 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 123 (64219-AK) . C2) GEORGE S . AND MARJORIE A. NOLTE, DATED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 175 (64223-AK), AND RE-RECORDED MARCH a0, 1978 IN BOOK 7724 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 402 (I40212-AM) . C3) FRANK LEE CRIST, SR. , ROGER E . CRIST AS TRUSTEE OF JEANESE C. ROWELL CHILDRENS TRUST, FRANK LEE CRIST, JR. AND N MARGARET ANNA CRIST AN D ND ROGER E. CRIST AND DIANE C. CRTST, DATED AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY PAGE 18 4 - 9 C6 224 AK , ) -CONTINUED- � Page __q ®f PAGE 5 --- 448432 EXCEPTION 11 - CONTINUED : AFFECTING PARCEL A AND AS RESERVED AND AS GRANTED IN THE FOLLOWING THREE CD DEEDS FROM COLIN PETERS AND CAROL PETERS TO: a) GEOFFREY M. PETERS, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 139 C64220-AK) . C2) STEPHEN M. PETERS, DATED DECEMBER 29, 1976 AND RECORDED DECEMEER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN )4ATE.O COUNTY, PAGE 151 C64221-AK) AND C3)_ ANNE PETERS, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, -1976 IN BOOK 7341 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 163 (64222-AK) AFFECTING PARCEL A AND AS RESERVED AND AS GRANTED IN THE DEED FROM FRANK LEE CRIST, SR. AND EUGENIA M. CRI"ST TO ROGER E. CRIST AND DIANE C. CRIST, FRANK LEE GRIST, JR. AND CAROLYN 9: CRIST, ROGER E . CRIST, AS TRUSTEE OF THE JEANESE C . ROWELL CHTLDREN' S TRUST, ROGER E. CRIST AS TRUSTEE OF THE ROGER E . CRIST CHILDREN' S TRUST AND FRANK LEE CRIST, OR . , AS TRUSTEE OF THE FRANK LEE CRIST, JR. CH.ILDREN' S TRUST .DATED DECEMBER 27, 2977 AND RECORDED DECEMBER 30, 1977 IN BOOK 7703 OFFICIAL RECORDS OF SAN MATED COUNTY, PAGE 567 C15070-AM) AFFECTING PARCEL A. 12. THE FURNISHING OF EVIDENCE TO THIS TITLE COMPANY THAT COLIN PETERS, TRUSTEE, OR THE SUCCESSOR TRUSTEE, OF THE COLIN AND CAROL PETERS TRUST DATED JANUARY 25, 1973 WAS AUTHORIZED BY THE TERMS OF SAID TRUST TO GRANT THE HEREIN DESCRIBED PROPERTY TO COLIN PETERS BY DEED DATED SEPTEMBER 15, 1975 AND RECORDED SEPTEMBER 18, 1975 IN BOOK 6939 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 14 C91065-AI ) . of i PAGE 6 --- 448432 NOTE ONE: COUNTY TAXES FOR THE FISCAL YEAR 1984-85, PAID, AS FOLLOWS : FIRST INSTALLMENT $436.95 SECOND INSTALLMENT $436.95 CODE NO. 66-01 9 TAX B _ILL PAR CEL NO - . 0$0 0 - 4 33 0 0 FIRST INSTALLMENT $467.84 SECOND INSTALLMENT $467. 84 CODE N0. 66-005 TAX BILL PARCEL NO. 080-33o-14o NOTE TWO: TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF. NOTE THREE : WE HAVE VESTED IN ACCORDANCE WITH THE RECORD AS TO THE INTEREST OF "COLIN AND CAROL PETERS" . IN ANY CONVEYANCE OR ENCUMBRANCE OF SAI D INTEREST THE SURNAME SHOU LD BE USED, I . E. "COLIN PETERS AND CAROL PETERS". NOTE FOUR: CERTAIN OF THE EASEMENTS PURPORTEDLY CREATED BY THE :CARIOUS DEEDS REFERRED TO IN EXCEPTION 12 HEREIN ARE NOT INSURABLE BY REASON OF AMBIGUOUS DESCRIPTION OR ARE MERGED WITH THE FEE TITLE, THEREFORE ARE NOT SET FORTH HEREIN. =s/cm 032785 2 C APPL. C TICOR-RWC Page Q� Schedule C The Icnd referred to herein is described os follows: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATEO, M STATE OF CALIFORNI•A, . DESCRIBED AS FOLLOWS: PARCEL A: (FEE) A PORTION OF SECTION 17 TOWNSHIP 7 SOUTH, RANGE 3 WEST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTERLINE OF THE SURVEY OF THE CALIFORNIA STATE HIGH WAY ROAD IV, SAN MATEO COUNTY ROUTE 55, SECTION D, COMMONLY KNOWN AS SKYLINE• BOULEVARD, SAID POINT BEING DESIGNATED AS STATION 286+54 .40 B .C. OF SAID SURVEY; THENCE ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1000 FEET, 428 FEET, MORE • OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 17, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE, THE FOLLOWING COURSES : THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1000 FEET, 67 .09 FEET, MORE OR LESS; THENCE SOUTH 260 50 ' EAST 426 .97 FEET; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 1000 FEET, THROUGH AN ANGLE OF 18o 18 ', AN ARC LENGTH OF 319 .40 FEET; THENCE SOUTH 450 08 ' EAST 1087 . 47 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2000 FEET, THROUGH AN ANGLE OF 90 27 ' 30", AN ARC LENGTH OF 330 .16 FEET; THENCE SOUTH 35o 40' 30" EAST 181. 93 FEET; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 1000 FEET, THROUGH AN ANGLE OF 30 571 , AN ARC LENGTH OF 68 .94 FEET TO A POINT IN THE EASTERLY LINE OF SAID SEC TIO14 17, SAID POINT BEING DESIGNATED AS STATION "P" 315+64 . 36 P.O.C . OF SAID CENTERLINE SURVEY; THENCE LEAVING SAID CENTERLINE ALONG SAID EASTERLY LINE SOUTH 00 05 ' 30" WEST 717 .66 FEET TO A 4" X 4" STAKE IN A MOUND OF ROCK MARKING THE EAST 1/4 CORNER OF SAID SECTION 17 (SOUTH 00 06 " 19" EASE PER LICENSED LAND SURVEYOR 'S MAP BOOK NO. 1 AT PAGE 75, SAN MATEO COUNTY RECORDS); THENCE WEST ALONG THE 1/4 SECTION LINE CONNECTING THE EAST AND WEST 114 CORNERS OF SAID SECTION 17, 2640 FEET, MORE OR LESS, TO THE CENTER OF SAID SECTION 17; THENCE CONTINUING WEST ALONG SAID 1/4 SECTION LINE, 1625 FEET, MORE OR LESS, TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN 94 .806 ACRE PARCEL DESCRIBED IN THE DEED, RECORDED IN BOOK 1446 OF OFFICIAL RECORDS AT PAGE 199, SAN MATEO COUNTY RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 00 33 ' 29" WEST 1250 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF SAID 94 . 806 ACRES, SAID CORNER BEING A POINT IN THE SOUTHERLY LINE .OF THAT CERTAIN 15 .81 ACRE PARCEL DESCRIBED 1N THE DEED RECORDED IN BOOK 1296 OF OFFICIAL RECORDS AT PAGE 394, SAN MATEO COUNTY RECORDS; THENCE ALONG THE SOUTHERLY, EASTERLY NORTHERLY AND WESTERLY LINES OF SAID 15. 81 ACRE PARCEL, THE FOLLOWING COURSES; THENCE SOUTH 0`70 37 ' 59" EAST 390 . 21 FEET; THENCE NORTH ?90 09 ' 30" EAST 406.40 FEET; THENCE NORTH 630 09 ' 30" EAST 71 . 20 FEET; THENCE SOUTH 860 50 , 30r" EAST 40 .00 FEET; THENCE NORTH 260 50 ' 30" WEST 45 . 00 FEET; THENCE SOUTH 630 09 ' 30" WEST 84 . 58 FEET; THENCE NORTH 330 32 ' 52" WEST 235. 58 FEET; THENCE NORTH 510 21 ' 30" EAST 69 .80 FEET; THENCE NORTH 140 02 ' 30" WEST 388 . 01 FEET; THENCE NORTH 40 30 ' 00" EAST 61 . 47 FEET; THENCE NORTH 170 05 ' 30" WEST 120 . 22 FEET; THENCE NORTH 280 56 ' 30" WEST 93 .74 FEET; THENCE NORTH 640 2 ' " 0 4 0 5 0 WEST 0. FEET; THENCE " ""9 7 ENCE NORTH 45 33 00 WEST 136 . 92 FEET; THENCE SOUTH 770 09 ' 00" WEST 12. 80 FEET; Tla. , au 10 CONTINUED Page of 53 ' 34" EAST 126. 09 FEET; THENCE SOUTH 260 48 ' 30" EAST 104 . 67 FEET; THENCE SOUTH 20 57 ' 30" WEST 139.14 FEET; THENCE NORTH 890 07 ' 00" WEST 238 . 63 FEET; THENCE SOUTH -580 13 ' 00" WEST 138 .13 FEET; THENCE SOUTH 800 21' 00" WEST 112.70 FEET; THENCE SOUTH 590 20 ' 30" WEST 102 .97 FEET; THENCE SOUTH 44° 43 ' 30" WEST 99 .90 FEET; THENCE SOUTH_ 250 56 ' 30" WEST 81 .88 FEET; THENCE SOUTH 60 41 ' 30" EAST 453 .64 FEET TO THE SOUTHWESTERLY CORNER OF SAID 15.81 ACRE PARCEL, SAID CORNER BEING AN ANGLE POINT IN THE NORTHERLY LINE OF SAID 94 .806 ACRE PARCEL; THENCE ALONG SAID NORTHERLY LINE WEST, 854 . 53 FEET TO THE NORTHWESTERLY CORNER OF SAID 94 .806 ACRE PARCEL, SAID CORNER BEING A POINT IN THE WESTERLY LINE OF SAID SECTION 17; THENCE ALONG SAID WESTERLY LINE, NORTH, 1373.11 FEET .TO THE SECTION CORNER COMMON TO SECTIONS 7, 8, 17 AND 18 IN SAID TOWNSHIP AND RANGE; THENCE ALONG SAID NORTH LINE OF SECTION 17, EAST, 2640 FEET, MORE OR LESS, TO THE NORTH 1/4 SECTION CORNER; THENCE CONTINUING ALONG SAID NORTH LINE, EAST, 750 FEET, MORE OR LESS, TO THE POINT OF BEGINNING . EXCEPTING SO MUCH THEREOF LYING WITHIN THE BOUNDS OF SAID SKYLINE BOULEVARD . ALSO EXCEPTING THEREFROM THAT PORTION THEREOF AS DESCRIBED IN THE DEED FROM SKYLINE LANDS, INC ., A CALIFORNIA CORPORATION TO JOHN S . SILLS AND ESTHER M. SILLS, HIS WIFE, DATED NOVEMBER 22, 1961 AND RECORDED OCTOBER 9, 1962 IN BOOK 4309 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 174 (21176-V) . , CONTINUED EXHIBIT 14 Page Cif PARCEL B: (EASEMENT) AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE FCL LOWING DESCRIBED PARCEL: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN 117 . 691 ACRE PARCEL, SHOWN UPON THE MAP ENTITLED, "SURVEY OF 117 . 691 ACRE TRACT", RECORDED IN VOLUME 1 OF LICENSED SURVEYOR 'S MAPS AT PAGE 75, SAN MATEO COUNTY RECORDS, SAID CORNER BEING THE POIK;T OF INTERSECTION OF THE SOUTHWESTERLY LINE OF STATE HIGHWAY, DISTRICT IV, ROUTE 55, COMMONLY KNOWN AS THE SKYLINE BOULEVARD, WITh THE SECTION LINE COMMON TO SECTIONS 16 - AND 17, TOWNSHIP 7 SOJTH, RANGE 3 WEST, M.D .M., FROM WHICH STATION 316+19 .90 OF THE CENTERLINE OF SAID HIGHWAY BEARS NORTH 470 11 ' 35" EAST 50. 00 FEET; ThiEt:CE LEAVING SAID SECTION LINE ALONG SAID SOUTHWESTERLY LINE ALONG A CURVE TO THE LEFT, FROM A TANGENT BEARING SOUTH 420 48 ' 25" EAST, WITH A RADIUS OF 1050 FEET, THROUGH A • CENTRAL ANGLE OF 210 06 ' 35", AN A.RC LENGTH OF 386 .86 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOJTH 360 39 ' 09" WEST, 515. 09 FEET TO A 411X4" STAKE IN A MOUND OF ROCK MARKING THE EAST 1/4 CORNER OF SAID SECTION 17; * THENCE ALONG THE. WESTERLY LINE OF SAID 117 . 691 ACRE PARCEL, NORTH 00 06 ' 19" WEST 642.80 FEET TO THE POINT OF BEGINNING . a PARCEL C ' (EASEMENT) A 2c- .00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE FOLLOWING DESCRIBED PARCEL; A STRIP OF LAND 25. 00 FEET WIDE LYING EASTERLY AND SOUTHERLY OF AN3 CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: BEGINNING AT- THE MOST NORTHERLY CORNER OF THAT CERTAIN .17 . 691 ACRE PARCEL, SHOWN UPON THE MAP ENTITLED, "SURVEY OF 117 . 0-91 ACRE TRACT", RECORDED IN VOLUME 1 OF LICENSED SURVEYOR ' S MAPS AT PAGE 75, SAN MATEO COUNTY RECORDS, SAID CORNER BEING THE POI.NT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF STATE HIGHWAY, DISTRICT IV, ROUTE 55, COMMONLY KNOWN AS THE SKYLINE BOULEVARD, WITH THE SECTION LINE COMMON TO SAID SECTIONS 16 AND 17, FROM HICH STATION 316+19. 90 OF THE CENTERLINE OF SAID HIGHWAY BEARS o f► NCR H 47 11 35 EAST 50. 00 FEET; THENCE LEAVING SAID SOUTHWESTERLY LI'I'E ALONG THE WESTERLY LINE OF SAID 117 . 691 ACRE PARCEL SOUTH 00 06 ' 15" EAST 642. 80 FEET TO A 411X4" STAKE IN A MOUND OF ROCK MARKING THE �.,5- 1/4 CORNE R ER F 0 SAID SECTION 1 TH THE NCE c_ , E LEAVING SAID WESTERLY LI':= WE ST ALONG TH E E 1/4 SECTION LINE E CONNECTING G THE EAST AND WEST 1/4 CORNERS OF SAID SECTION 17, 2640 FEET, MORE OR LESS, TO THE CENTER OF SAID SECTION 17; THENCE CONTINUING WEST ALONG SAID 1/4 SECTION LINE, FEET, MORE OR LESS, TO A POINT IN THE EASTERLY LINE OF. THAT CERT,=SIN 94 . 806 ACRE PARCEL DESCRIBED IN THE DEED, RECORDED IN BOO CONTINUED Page --©f PARCEL C: (EASEMENT) CONTINUED 1446 OF OFFICIAL RECORDS AT PAGE 199, SAN MATEO COUNTY RECORDS . EXCEPTING THEREFROM THAT PORTION -THEREOF WHICH LIES WITHIN PARCEL B ABC'/E . P`-RCEL D: (EASEMENT) A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR AND BY ALL KINDS OF VEHICLES AND ALL OTHER PURPOSES INCIDENT TO NORMAL USE OF SUCH LAND, INCLUDING WATER PIPES, SEWER PIPES, ELECTRIC PIPES OR CONDUITS OR POLE LINES LEADING THERETO, TO BE USED IN COMMON WITH OTHER PARTIES OVER, ACROSS AND UNDER A STRIP OF LAND 10 FEET ON EITHER SIDE OF THE HEREINAFTER DESCRIBED LINE, TO-WIT: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF THE SKYLINE BOULEVARD WITH THE CENTER LINE OF A SMALL RANCH ROAD L=AVING SAID SKYLINE BOULEVARD ON THE SOUTHWESTERLY SIDE AT STATION 287 PLUS 37 . 60 OF SAID SKYLINE BOULEVARD; THENCE UP . THE CENTER LINE OF SAID RANCH ROAD, THE FOLLOWING COURSES AND DISTANCES: NORTH u o� J 12 ' WEST 100 . 61 FEET, NORTH 690 9' WEST 132. 3$ FEET; NORTH 550 33 ' 'WEST 112.79 FEET; NORTH 620 53 ' WEST 112. 67 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET, 45.79 FEET; THENCE NORTH 390 7 ' WEST 133 . 52 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 122 FEET, 129 .11 FEET; THENCE NORTH 280 29 ' WEST 39 .25 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 90 FEET, 95. 35 FEET; THENCE NORTH 890 11 ' WEST 128 .10 FEET; NORTH 76o 18 ' WEST 11 .76 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 100 FEET, 68 .68 FEET; THENCE NORTH 360 57 ' WEST 127.81 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET, 36.18 FEET; THENCE NORTH 57° 41' WEST 32 . 27 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF *100 FEET, 79. 24 FEET, CROSSING THE OLD RIDGE ROAD; THENCE SOUTH 760 55' WEST 191. 21 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 100 FEET, 53 .87 FEET; THENCE NORTH 720 13 ' � WEST 95.38 FEET; T ENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET, 99 .95 FEE;f; THENCE SOUTH 500 31 ' WEST 70 FEET; THENCE ON A CURVE TO THE LEFT WITH A r?.A-,- I JS OF 100 FEET, 59 . 69 FEET; THENCE SOUTH 16o 19 ' WEST 237 . 68 F_ET; SOUTH 100 2 ' WEST 124 . 98 FEET; SOUTH 23o 44 ' WEST 74 .70 FEET; TH�"ENC E ON A CURVE TO THE RIGHT WITH A RADIUS OF 50 FEET, 60.55 FEET; N-OR TH 860 53 ' WEST 18 . 25 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 50 FEET, 77 . 11 FEET; THENCE SOUTH 40 45' WEST 92 .27 FEET; T=sENCE ON A CURVE TO THE RIGHT, WITH A RADIUS OF 50 FEET, 73. 30 FEET; THENCE SOUTH 88o 45 ' WEST 14 . 76 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 50 FEET, 27 . 22 FEET; THENCE NORTH 600 4 ' WEST 122. 50 F==T; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 25 FEET, 55 . 36 EET; ;C- E SOUTH 60 571 EAST 53 . 59 FEET AND TO THE NORTH L I NEAlH j0-(T f 1w CONTINUED Page 61 I J�J•r sN.•• . ;;• .•.'k .yr fW 1I Xr. r r r'llt 4y:•:Ar+�' 1 !7 I!6 aw'.I'M . ar�r�i••u17Ywr.• •':•�.sr:.u./ yr.•rlll 11••wr•...1. .,,•�,,.,..., iJ•n .r1••Ir..IPN .H••. rr J.'r•I !Y/r••rl •/'rplf'11 •rJ•!•r 1 ra•rt • j ' lrYN•. !r ••..rr•. •,•1+r7 qr 'I�l� lY•.YI•W1.1 rry •, J l•: r•Wv lr 11 - ' • � •• t 7'W Jr�e..s�'r •i • .Nwl'l•gr rlfcf/ / irj✓1. - r�u:l•{f• J T �f n ♦�wlr YJ ..w r+.'r to,', YM '//1 �M'1 Qr I V� q Jw.rwr•w'W il'I•V l t.. 1 � I r•AA/S NON At • ..... d•rrr•gwr•:wr.r. 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I /.r:fl ��, �.� J• ryr•A•.ra lr,.. � �N lw..o..S rr.• • •,1:.1�.' . y ' - '"YIN �I r • �Cvj tS�l;.l j 4 M P.ro/ ro •.viw.•,p Cll.•-6010v 0" �J+ol of fr•��r,,'� s•ra eKw lrtas oat/ NOc.Te.Re R_S GRIST ,:r:,:.f;. , • a.•in .art re.- P/ a.•I'd ' 1 PARCEL D: (EASEMENT) CONTINUED; ' NORTHWEST 1/4 OF .SECTION 17, TOWNSHIP 7 SOUTH, RANGE 3 WEST, M.D. B . & M. PARCEL E: (EASEMENT) A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS FOR AND BY ALL KINDS OF VEHICLES AND FOR ALL OTHER PURPOSES INCIDENT TO THE NORMAL USE OF SUCH LAND, INCLUDING MAINTENANCE OF WATER PIPES, SEWER PIPES, ELECTRIC PIPES OR CONDUITS OR POLE LINES, TO BE USED IN COMMON WITH OTHER PARTIES OVER, ACROSS AND UNDER A STRIP OF LAND TEN (10) FEET ON EITHER SIDE OF THE HEREINAFTER DESCRIBED LINE, TO-WIT: BEGINNING AT A POINT ON THE NORTHERLY. LINE OF THE 15.81 ACRE, MORE OR LESS, PARCEL OF LAND DESCRIBED IN PARCEL 1 OF THE DEED FROM JAMES ROLPH III AND JANE RICHEY ROLPH, HIS WIFE, TO JOHN S . SILLS AND ESTHER M . SILLS, HIS WIFE, DATED NOVEMBER 12, 1946 AND RECORDED DECEMBER 13, 1946 IN BOOK 1296 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 394 (41117-G), WHICH POINT BEARS SOUTH 770 09 ' WEST 6 .40 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE FROM SAID POINT OF BEGINNING SOUTH 220 55 ' 56" EAST 381 .70 FEET; THENCE SOUTH 110 34 ' EAST 195. 93 FEET; THENCE SOUTH 340 51 ' EAST 95.00 FEET; THENCE SOUTH 360 36' 10" EAST 104 . 45 FEET; THENCE SOUTH 280 50 ' 25" EAST 265. 94 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT ON A RADIUS OF 45 FEET THROUGH A CENTRAL ANGLE OF 390 57 ' 01" AN ARC DISTANCE OF 31 . 38 FEET; THENCE TANGENT TO THE PRECEEDING' CURVE SOUTH 110 06 ' 36" WEST 72.73 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID 15.81 ACRE PARCEL, SAID POINT BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE GIVEN AS SOUTH 630 09 ' 30" WEST 71. 20 FEET IN THE DESCRIPTION OF SAID 15.81 ACRE PARCEL. Page ®ff Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY--1979 EXCLUSIONS Ira VM;ttion to the Exceptions in Schedule B you are not t 3 Title Risks. ►rsu+_.against loss costs, ,attorneys fees and expenses result• that are created,allowed or agreed to by you irg--or-t: . y that are known to you,but not to us,on the Policy Date- 1 Governmental police power, and the existence or violation unless they appeared in the public records c= a�zy law or government regulation. This includes building that result in no loss to you and zoning ordinances and also laws and regulations con- cern"ng: that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in item 8 of lard use not Title Risks irprcve•ments on the land . iz�-rd division 4 Failure to pay value for your title. er-viron mental protection 5 Lack of a right: Tnis ex.lLsion does not limit the zoning coverage described •, to any land outside the area specifically described and in 1;=rns 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A.or 2 T:le right to take the land by condemning it, unless a no- in streets,alleys or waterways that touch your land tip of taking appears in the public records on the Policy This exclusion does not limit the access coverage in Item 5 Date. of Covered Title Risks. SCHEDULE B—STANDARD EXCEPTIONS (A ,fin. rights, interests or claims of parties in possession of the land not shown by the public records. (E} .Ar..,e_sernents or liens not shown by the public records. -;h'S does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) An, facts about the land which a correct survey would disclose and which are not shown by the public records. h:;does not limit the forced removal coverage in Item 12 of Covered Title Risks. (n,} n�v,,ater rights,claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE matters are expressly excluded from the coverage of this policy: }rd nanceorgovernmental regulation (including but not !invited to building and zoning ordinances) restricting or regulating cr the occupancy, use or enjoyment of the land,or regulating the character,dimensions or location of any improvement n r cr 2 .reafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, cr _-.>.``ect of any violation of any such law, ordinance or governmental regulation. 2- '°�.ts of eminent domain or governmental rights of police Power unless notice of the exercise of such rights g g g appears in the public '-:=7.. a_ Data of Policy. 3. �e - i ens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; o; -c- known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or �a �a-e such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in t-., the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting - .ss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance s =�: :-+ herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessment for rovement under a- s der construction't lion or c m o I_,ed at Dat e to of Policy ). t of the lien of the insured Y i s ed m_ = o�ig..ge because of failure of the insured at Date of Policy or oai�yi tt�ent er ebt:dness to comply with applicable "doing business"laws of the state in which the land is situate age ! Exce tion.s an E IJ ( p d xc usions Continued on Reverse_S de? """�~•--�-_ Printed Policy Exceptions and Exclusions (Continued) .CALIFORNIA LAN TLE ASSOCIATION STANDARD C :RAGE POLICY-1973 SCHEDULE 8 PART 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: 1. Taxes or assessments which are not shown as existing liens'by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts.in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. fa) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond y d the lines of the areaspecifically described or referred to in Schedule C, or ;n abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. ;any la,v,ordinance or governmental regulation(includingbut not limited to building in and zoning ordinances)9 g 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 th e e dimensions or area of the land the effect of any violation of any such law,ordinance or governmental regulation. ` r 0 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. h 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Pol:cy 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without kn ewt edge. 10. Any facts,rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The foilowir:g 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 loca-. Lion 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 Et Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in v.riti by the insured claimant to the Company prior to the date such insured claimant became an insured here m ( re in in no loss or damage to the insured claimant;(d).attaching or created subsequent to Date of Policy; } r g damage which would not have been sustained if the insured claimant had paid value for the-estayeob Wensurad or this policy. " Prinr•inal rlffir w WIM 1A1i1chiro Rnulowzrri P r) nnv Ar)7no 1 _ n,...,.1., r �a nnnnn CAT NO NN01103-tlse with NN01113 TO c 3 Ca-Part 1(5-a3) _ TICOR TITLE INSURANCE SAN MATEO COUNTY OFFICES M 333 NarshaUfwet.Redwood City 94003 (415)366-9551 ❑1182 Chestnut Street.Menlo Park 94025 (415)323-6101 01111 South El Camino Real.San Mateo 94402 (415)349-1604 0 223 El Camino Real,San Bruno 94066 (415)583-3991 01035 E.Hillsdale Blvd..Suite 150.Foster City 94404 (415)574-5357 PRELIMINARY REPORT IMPORTANT MID PENINSULA REGIONAL OPEN When replying refer to SPACE DISTRICT SUPPLEMENTAL Our No. 454712—RWC 375 DISTEL DRIVE LOS ALTOS, CALIFORNIA 94022 Your No. -- I n response to the above referenced application for a Policy of Title Insurance.TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby 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 below 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 on the attached cover. j Copies of the Policy forms should be read.They are available from the office which issued this Report. This Report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a Policy of Title 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. Dated as of AUGUST 8, 1986 at 7:30 a.m. ELLEN M. ELLINGSEN MEG BLUE Escrow Officer Titte Officer The form of Policy of Title Insurance contemplated by this Report is: 0 ALTA Residential Title Insurance Policy- 1979 0 ALTA Loan Policy- 1970 with ALTA Endorsement Form I Coverage(Amended 10-17-70) 0 CLTA Standard Coverage Policy- 1973 0 ALTA Owner's Policy Form B- 1970(Amended 10-17-70) 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: COLIN AND CAROL PETERS At -hc date hereof exceptions to coverage in addition to the printed Exceptions and Exclusio co t i j�n saiilicy fo=. would be .�s follows: (See Attached) A 1 I�� �i Page —t Of PAGE 2 --- 454712 1 . TAXES FOR THE FISCAL YEAR 1986-87, A LIEN, NOT YET DUE OR PAYABLE, INCLUDIi`SG SUPPLEMENTAL TAXES AND/OR PERSONAL PROPERTY TAXES, IF ANY, AMOUNT NOT ASCERTAINABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE- PROVISIONS OF CHAPTER 3 . 5 (COMMENCING WITH SECTION ?5) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. EASEMENT FOR ROAD PURPOSES OVER SO MUCH OF -THE HEREIN DESCRIBED PROPERTY AS LIES WITHIN EXISTING ROADS OR HIGHWAYS . 4 . EASEMENTS FOR INGRESS AND EGRESS AND PUBLIC UTILITIES WITHIN PORTIONS OF THE HEREIN DESCRIBED PROPERTY AS RESERVED AND GRANTED IN THE FOLLOWING THREE (3) DEEDS FROM GEORGE S. NOLTE AND MARJORIE A. NOLTE, COLIN PETERS AND CAROL PETERS, FRANK LEE CRIST, SR. , ROGER E. CRIST AND JEANESE C. ROWELL AS TRUSTEES, FRANK LEE CRIST, JR., AND r r,AR AR G ET CRIST AND ROGER CRIS T AND D IANE CRI ST T0: . (A) COLIN AND CAROL PETERS, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS, PAGE 123 (64219-AK); (B) GEORGE S . AND MARJORIE A. NOLTE, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS, PAGE 175 (64223-AK), AND RE-RECORDED MARCH 10, 1978 IN BOOK 7724 OFFICIAL RECORDS, PAGE 402 (40212-AM); (C) FRANK LEE CRIST, SR. , ROGER E. CRIST AS TRUSTEE OF JEANESE C. ROWELL CHILDREN' S TRUST, FRANK LEE CRIST, JR. AND MARGARET ANNA CRIST, AND ROGER E. CRIST AND DIANE C. CRIST, RECORDED DECEMBER 29, 1970 IN BOOK 7341 OFFICIAL RECORDS, PAGE 189 (64224-AK) . 5. THE FURNISHING OF EVIDENCE TO THIS TITLE COMPANY THAT COLIN PETERS, TRUSTEE, OR THE SUCCESSOR TRUSTEE, OF THE COLIN AND CAROL PETERS TRUST DATED JANUARY 15, 1973 WAS AUTHORIZED BY THE TERMS OF SAID TRUST TO GRANT THE HEREIN DESCRIBED PROPERTY TO COLIN PETERS BY DEED DATED SEPTEMBER 15, 1975 AND RECORDED SEPTEMBER 18, 1975 IN BOOK 6939 OFFICIAL RECORDS, PAGE 14 (91065-AI ) . EXHISIT pass 2. of PAGE 3 --- 454712 NOTE ONE: COUNTY TAXES FOR THE FISCAL YEAR 1985-86, PAID, AS FOLLOWS: FIRST INSTALLMENT $687. 19 SECOND "INSTALLMENT $687 .19 CODE NO. 066-005 TAX BILL PARCEL NO. 080-340-030 NOTE TWO: TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF. NOTE THREE: SENATE BILL 1550 (CHAPTER 1004, STATUTES OF 184 9 IS EFFECTIVE JANUARY 1, 1985. THIS LAW MANDATES ALL FUNDS BE COLLECTED AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT DELAYS IN CLOSING WILL OCCUR IF FUNDING IS BY OTHER THAN BANK WIRE, CASHIER' S CHECK, OR SIMILAR ITEMS DRAWN ON A CALIFORNIA FINANCIAL INSTITUTION. DRAFTS AND CHECKS DRAWN ON OUT-OF-STATE FINANCIAL INSTITUTIONS MAY BE REQUIRED SEPARATE COLLECTION OR I MINIMUM STATUTORY PERIOD FOR BANK CLEARINGHOUSE PROCESSING IN LIEU OF NOTICE THAT A PARTICULAR ITEM HAS BEEN PAID. NOTE Fk.)U : WE HAVE VESTED IN ACCORDANCE WITH THE RECORD AS TO THE INTERESTS OF "COLIN AND CAROL PETERS". IN ANY CONVEYANCE OR ENCUMBRANCE OF SAID INTERESTS, THE SURNAME SHOULD BE USED, I .E. "COLIN PETERS AND CAROL PETERS". NOTE FIVE : CERTAIN OF THE EASEMENTS PURPORTEDLY CREATED BY THE VARIOUS DEEDS REFERRED TO IN EXCEPTION 4 HEREIN ARE NOT INSURABLE BY REASON OF AMBIGUOUS DESCRIPTION OR ARE MERGED WITH THE FEE TITLE, THEREFORE ARE NOT SET FORTH HEREIN. five-c812$6 2 C M I D PEN EXHIBIT-B y?dcl£; dT ' 454712 Schedule The land referred to herein is described at follows: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATEO, STATE 4F CALIFORNIA, DESCRIBED AS FOLLOWS : PARCEL A: (FEE) THE SOUTHEAST 1/4 AND ALL THAT PORTION OF THE SOUTHWEST 1/4 LYING NORTHERLY OF THE CENTERLINE OF ALPINE CREEK, IN SECTION 20, TOWNSHIP 7 SOUTH, RANGE 3 WEST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL B: (EASEMENT) A 50.00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES, MORE PARTICULARLY DESCRIBED AS FOLLOWS : A STRIP OF LAND 50 .00 FEET WIDE, LYING NORTHERLY OF AND CONTIGUOUS TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 7 SOUTH, RANGE 3 WEST, M.D.M ., EXCEPTING FROM SAID STRIP ALL THAT PORTION WHICH LIES EASTERLY OF THE CENTERLINE OF ALPINE ROAD AS SHOWN UPON THE MAP FILED BY JAMES AND WATERS, CIVIL ENGINEERS, IN LICENSED LAND SURVEYOR 'S MAP BOOK 1 AT PAGES 55 AND 56, SAN MATEO COUNTY RECORDS . PARCEL C : (EASEMENT) A 25.00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE FOLLOWING FIVE (5) PARCELS : (1) A STRIP OF LAND 25 .00 FEET WIDE, LYING NORTHERLY OF AND CONTIGUOUS TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20 . (2) A STRIP OF LAND 25.00 FEET WIDE, LYING SOUTHERLY OF AND CONTIGUOUS TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20 . (3) A STRIP OF LAND 25 . 00 FEET WIDE, LYING EASTERLY OF AND CONTIGUOUS TO THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20. CONTINUED page 4 of y •rn.v. Oaf 71 Piz.-r !«•rr o• ••a Y`~r•Y•1• !:.Al OP A' :1!'.�. < t..•.Yt .r•r• -, • :,;l,.w lPt..\•• h.M Thls is not a survey of the land, but is compiled • •. ',..•., /.;° .eu information only, ncr is it a part of the report r� � • ,f'y>;f' s' a MWicy to which It may be attached. � •Y�•MAY•/• y«..wYlt �•l•nr* 1 t ..• .Fe- Polio • wI:f 'lt '' • •.l'yn AtMf•r tAr s:.l, r .... .. i. T�1a�.-•a 1''w • •y i , .••vrr K._f•,t.._v•• �J •i l Q 454712 Schedule C. PARCEL C : (EASEMENT) CONTINUED: (4) A STRIP OF LAND 25 . 00 FEET -WIDE LYING WESTERLY OF AND CONTIGUOUS TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 20 . / (5) A STRIP OF LAND 25. 00 FEET WIDE, LYING NORTHERLY OF AND CONTI GUOUS QUS TO TH E E SO UTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 20. PARCEL D' (EASEMENT) A 50 . 00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 50. 00 FEET WIDE, LYING WESTERLY OF AND CONTIGUOUS TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20. PARCEL E : (EASEMENT) A 50 . 00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 50.00 FEET WIDE LYING EASTERLY OF AND CONTIGUOUS TO THE WEST LINE OF SAID NORTHWEST 1/4 OF SAID SECTION 20 . PARCEL F : (EASEMENT) A 25 . 00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE FOLLOWING TWO (2) PARCELS : (1) A STRIP OF LAND 25. 00 FEET WIDE LYING SOUTHERLY OF AND CONTIGUOUS TO THE NORTH LINE OF SAID NORTHWEST 1/4 OF SAID SECTIO,`t 20. (2) A STRIP OF LAND 25. 00 FEET WIDE, LYING NORTHERLY OF AND CONTIGUOUS TO THE NORTH LINE OF SAID SECTION 20, EXCEPTING FROM SAID STRIP ALL THAT PORTION WHICH LIES WITHIN THE BOUNDS OF THAT CERTAIN 94 .806 ACRES PARCEL DESCRIBED IN SAID DEED RECORDED IN BOOK. 1446 AT PAGE 199, SAN MATEO COUNTY RECORDS . Page O f....�....._ ' Printed Polio Exceptions and Exclusions s la AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not 3 Title Risks: insured against loss,costs,attorneys' fees and expenses result- ■ that are created,allowed or agreed to by you ing from: that are known to you,but not to us,on the Policy Date— Governmental police power, and the existence or violation unless they appeared in the public records of any law or government regulation. This includes building n that result in no loss to you and zoning ordinances and also laws and regulations con- a that first affect your title after the Policy Date—this does con- cerning: not limit the labor and material lien coverage in Item.8 of ' land use Covered Title Risks improvements on the land 4 Failure to pay value for your title. land division • environmental protection 5 Lack of a right: This exclusion does not limit the zoning coverage described " to any land outside the area specifically described and in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A,or ■ in streets,alleys or waterways that touch your land ti The right to take the land by condemning noes not limit the access coverage in Item 5 unless a no This exclusion d lice of taking appears in the public records on the Policy 9 Date. of Covered Title Risks. SCHEDULE B—STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (B) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (D) Any water rights,claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA 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 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 kno,.vn 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 competed at Date of Policy). v�»rn rr 4. Unenferceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of an � of the indebtedness to comply with applicable "doing business" laws of the state in which the land is Vw!jal � I (Exceptions and Exclusions Continued on Reverse Side) pwc-ed Policy Exceptions and Exclusions (Condnwad) CALIFORNIA LA TITLE ASSOCIATION STANDARD -RAGE POLICY_1973 (Amended 12-6-8G and 2-20-8G) / SCHEDULE B PART This policy does not insure against loss or damage,nor against costs,auo,n 'feesoruxpenses.anvora||ofvvhicha,ise by reason of the following: 1. Taxes or assessments which a re not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records o/ such agency urby the public records. ' - 2. Any facts,rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry ofpersons in possession thereof. . � o. Easements, liens or encumbrances, or claims thereof, which any not shown by the public records. � 4' Discrepancies, conflicts i boundary lines, area, or any other facts xvh�heoo,m�t survey mmu/� o ucns�andvvo�hare not mhovvnby�mpuWiur o ------ � 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)�a�mhghus, � claims or title to water, whether or not the matters excepted under(a), <hi or (c)are shown by the public raonnd`. � 6. �title, the lines of the area specifically described ur referred toio Schedule C. i or n abutting streets. roads,avenues,alleys,lanes,ways orwaterways,but nothing in this paragraph shall modify orlimit the extent � wo which the ordinary right mfan abutting owner for access tua physically open street or highway iy insured by this policy. 7[ Any law. ordinance or governmental regulation (including but not limited u» building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions u, location ofany improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,whether or not shown by the public records at Date of Policy,o,the eff,c of any violation ofavvsuco |ap^ordinannoo,Qove,nmonca| rmQu|ation.vvhsuhe,ornotohov,nbyxhepvb!ic,eco,dsatDateofPo|!'v 8.�Rigotmoferninont domain orguva,n'nenta|rights of police povvarunless notice of the exercise of such rights appears|n the public | 8. �efects.|iana'ennumbrancem'advomeo|aina'orothe,msnera(a)vhothe,ornntuhovnby/henuWi�/-reoo,dset Date of Pol icy,bvt c,aeteu, cavaau, suffered, assumed o, agreed to by the insured claimant; (b) not shown by the public records and not otherwiseevo/vded frorn coverage 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 Data of Policy; or(e) resulting in loss o, damage which would not have been sustained if the claimant had been o purchaser or encumbrancer for xe|ve without knowledge. ` *]. Any facts,rights,interest o'claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease o, leases described o, referred to in Schedule A. � 11. The effect of any failure to comply with the terms, covenants and conditions ufxheYea�eor|aooesde�cribad 'referred �nSuhedu|eA. � AN1ERlCAYd LAND TITLE ASSOCIATION OWNER'S POLICY FORM 0-1970 (AMENDED 10'37-70) 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 p".voi^/nu the occupancy, use o, enjoyment of � the land,or regulating the character,dimensions or |oca- t.on or any improvement now or hereafter erected on the|snd.n,p,ohib'dnAa separation in ownership or reduction in 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 suchrights appears public mcordsat Dmeofpo|icy. | � � 3. Defects, |imns, encumbrances, adverse c|aimu, o, other matters (a) -- ce^atad' suffered, assume d or agreed� to by the insured er it dc'aonent; (b) not known no the Company and not shown by the public records but known to the insured d i ha- Date of Policy or at the date such claimant acquired - ` ~' '`"'=tuv this»vocx ^n ��the insured claimant nothe Company prior to the date such "'','ro claimant became an insure in�u, do|ainan�' (d>a� ch�»O»'c'a�zxd»utomqvmnttoData o Policy;Le)f no |»,s o, damage to th m �V ifthis policy. x | � / h �da: ag« which would not have been sustained if the |»s"neu claimant had aida � f7 �-� 9 e X 31 c> 1 A H a ^' Fl 9q C) OPTION- AGREEMENT THIS AGREEMENT is made this 15th day of June, :�}S 1 34, by and between RICHARD S. BULLIS, hereinafter }� called "Optionee," and COLIN PETERS, hereinafter called "Optionor." RECITALS 1. Optionor owns part of certain real 0o property situated in San Mateo County, California, more o particularly described hereinafter, and is the duly ; authorized agent acting on behalf of the remaining u, a owners. C ' 2. Optionee desires to ascertain the subdi- L 1 r.. N r vidability of said property. N THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Optionee shall have an option to purchase 0 the real property described in Exhibit A attached and w a incorporated herein by this reference, for a period of twelve (12) months from the date of this agreement. 2. Optionee shall pay to Optionor the sum of $50,000.00 for said option less the cut-of-pocket 1 expenses incurred in determining the subdividability. 3. The purchase price shall be FOUR MILLION AND N0/100 DOLLARS ($4,000,000.00) . IN WITNESS WHEREOF, the parties have executed this agreeaenL the day and year first above written. PETERS irk b*' :�"� ..� ` + . ` ,r ;. ~ �'� ',• Page of *pE'f 1f."'ti' Y, ♦,► .,� i �t r. r �►',� c {s+ y� :1 t �' P� 9a'v xrR{ y 4' 'r`«+ .v �':{^.� ^i2►sfJ�l�Zr R ^ 4�3f� x ;� �ji �ai {t.��r� c � IC �_ I - ' Eahil,i t A - All thora tun pnrctl:, nor of 235 acrct, mnrc• or lr<<, bcinr• a portion C!1 I , r-f tho north%-s-t qur.tter of S(et ion. 17; and tLe othtr, 2t4 a.res, mnrc or 0 ltsa, be In}; it portior, of the southwest quarter of Section 20, described t� ►-A Sn. Snn t:atrn Cnunt% AFsrssnr'! records as AP;:'c U8U-330-U4U,-06U,-Oy0, � and -140. U - O fz7 E+ MEMQ RECORDER'S DIS DTO UE - QflAt1P OOR O t)R�It1Al DOCl1MtENT rl _ Q i�' "y" .•.!. }ri ��"' "'� Y am' 1 t `+� _ .t•• �: �9�.i�A Za w .d< .3` - .. 'C� r h -: * e *f Y •j'J�, •'; .:.;tom!'�� Y •, ;• �i J GENERAL'ACKNOWLEDGMENT Mo Vol Stcteol _ California I On this the 25tb n yof auary__1985beforeme. • Santa Clara Patricia E. EllingsonCounty of the undersigned Notary Public,personally appeared r Richard S. Bullis OF'FICIAI.l3F.1.1. r 'Patricia E, Ellingson personally known to me x • l� AOF2kY il.eLic C.!;iQRtal - + 3 ❑ proved to me on the basis of sa!istsctory evidence - z SANTA CLARA COU%,rY + i� subscribed t0 the J..4 * MY COMMIZS;v'i EXPIRES SEPT 6. 193'• + to be the persons) se name(s) �++ +*a++++it++ra+*+y+.•. within inslru t,and ac owletlyed that executed It. ypp WITNESS y hand and of ciat seal, o O Notary s Signature Y; W »Q,� IUT:DMY MOTAKY A"0CurX>#•23 2 Vw•MA•►O ae•M25•M.-0'4 Hti.U T3" c 0 _ V� : V 1 Y' IPA pa GENERAL ACKNOWLEDGMENT NO 20, V State of _ra 1 i fern i a On this the_2 athay of .7anua r)z 19R5_,before me, V =� Santa Clara Patricia E. Ellingson County of ra ra the undersigned Notary Public,personallyappeared t x*xF#atr*+*•• Colin Peters W ` cC OFFICIAL.S1-:AI. � Patricia E. Ellingson 0 personally known to me * k 1'cRr fL'Rur %Q�'a; ❑ proved tome on the basis of satisfactory evidence * SAN T A CLARA COURT" + to be the persons)whose name(s) ,,I s subscribed to the * MY C0hU_^1S.C!;(XPIRES SFPT F.. ;4' with Instru t,an ecknowledped that. he executed it. i►-#i-�•+-tr•r#,rr a a*a a r.r•+.+.+ WIT S h official seal/� .- • � w1� Notary's Signature r a :3- 1 '= 1.q lb M TIO•A.L MOTN y ASSOCUTIOM•2'lN2 V e bN•►O bw+l2s•Wwoow Mr.CA M>s• ( '' -50115£1 ORDEO AT REOUEST OF �� �wd s rF • :wt �� e 5 12 4e FN 1995 SAIL M1,16 COUh f OFFICIAL RECORDS .. EXHIBIT ,. �:; -R. .a +.'.�T ti �1`�: �-�..►1o1:•lI'.t�:•.�.fa. f.. 'f a: '.�`+.'! �J• 3 ,, �. P;) e. Of I r.•1_~ � �� = ,• ��`, p _ •.+�.1}����j{x�S+.�.��/f•y 1, • V Fey ' •.• - ?-D MAIL -TO: Regional Open District Office Center C, Suite 135 DI S-=- rAntonio Circle n. __. View, CA 940i0 =tn: _. Craig Britton D _ :E4G:JED WITIHOliT FEE GOVER; `fivT COD:. NO TRANSFER TAX DUE PUBLIC AGENCY ACQUIRING TITLE, S7 Tr'; 27383 CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 Q U I T C L A I M D E E D II DR A 'VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, F.ICHARD S. BULLIS, a married man ~o hereby REMISE, RELEASE AND FOREVER QUITCLAIM to 1.1DPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District I tie real property in the City of C0!-:ntY of San Mateo , State of California, described as : Ee:ny more particularly described in Exhibit "A" as attached hereto and incorporated herein by this reference. { l i i i ss. undersigne-d. a Notary Pubtic in and for said the person— whose name ^� vAthin in;tnrment and zcPno-.vI^d^,ed that +�w� I executed the some. � � �� 1 •• '=�d and oc:r:iat seat. �f I'a � ®# -------•---- (This area for official no.anal seat) 1 MAIL TAX STATEMENTS AS DIRECTED ABOVE RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - PETERS PROPERTY) The Board of Directors of the Midpeninsula Regional Space District does resolve as follows: pOpen Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept and approve that certain Agreement to Purchase Real Property between Colin Peters et ux and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appro- priate 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 and approval of agreement to sellers . The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5 ,000. 00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $900,000 .00 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. AGREEMENT TO PURCHASE REAL PROPERTY This Agreement is made and entered into effective as of the dayof 1986 b and between COLIN PETERS RS and CAROL Y PETERS (hereinafter "Seller") , and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code (hereinafter "District") . RECITALS WHEREAS, Seller is the owner of certain real property ( "the Property") containing approximately 284 acres and located in the County of San Mateo, State of California; being more particularly described in the property description attached to the Preliminary Title Report Number 454712, dated August 8 , 1986 from Ticor Title Insurance Company, said Report being attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, District was organized as a public district to acquire real and personal property for public park, recreation, conservation and ooen space purposes in the San Francisco Midpeninsula area; and WHEREAS, the Property has natural beauty, open space and recreational value currently of interest to District; and WHEREAS, Seller desires to sell and District desires to purchase the Property for the consideration and on the terms and conditions here- inafter 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: Agreement to Purchase Real Property - Peters Page 2 1. Purchase and Sale. Seller does hereby agree to sell to District and District hereby agrees to purchase from Seller the Property upon the terms and conditions hereinafter set forth. 2 . Purchase Price. The total purchase price ("purchase Price") for the Property shall be Nine Hundred Thousand and No/100 Dollars ($900,000. 00) , which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 9 herein, an escrow shall be- opened- at Ticor Title Insurance Company, 333 Marshall Street, Redwood City, CA 94063, (415) 366-9551 , or other title company acceptable to District (hereinafter "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 instruc- tions shall not supersede any inconsistent provisions contained I herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the fol- lowing terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before the expiration of thirty (30) days following execution of this Agreement by both Seller and District; 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 Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of San Mateo County. I Agreeemnt to Purchase Real Property - Peters Page 3 (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably 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 an executed and recordable Grant Deed, in the form attached hereto as Exhibit "B" and incorporated herein by this reference, covering the Property as described in said Exhibit "All . (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Nine Hundred Thousand and No/100 Dollars ($9 00 ,000.00) . (e) District shall pay for the escrow fees , the ALTA Standard Policy of Title Insurance (if required by District) and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. M Seller shall cause Ticor Title Insurance Company, 333 Marshall Street, Redwood City, CA 94063, or other title company accept- able to District, to be prepared and committed to deliver to District standard coverage ALTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $900 ,000 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; Agreement to Purchase Real Property - Peters Page 4 (ii) the listed exceptions it 3 and 4 set forth in said Preliminary Title Report attached hereto as Exhibit "A" ; (iii) those additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: W to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall, upon District' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consum- mate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the office of the County Recorder of San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Property (less Seller's portion of the expenses described in Section 3 (e) ) , and to District- or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value desposited 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 escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any Agreement to Purchase Real Property - Peters Page 5 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 subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termina- tion or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property. Seller further warrants and agrees to hold District free and harmless and to reimburse Dis- trict for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the property being acquired by District, including but not limited to claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seg. Seller understands and agrees that the g provisions of this paragraph shall survive the close of escrow and the recordation of any Grant Deed (s) . 6. Seller' s Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6. 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Agreement to Purchase Real Property - Peters Page 6 Seller and are legal, valid and binding obligations of Seller suf- ficient to convey to District the Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Prop- erty, and the interests therein to be conveyed to District hereunder, 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 or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Waiver of Statutory Compensation. Seller and District under- stand and agree that Seller may be entitled to receive the fair market value of the property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights it may have to the fair market value of said property, appraisals, etc. , as provided for by said Federal Law and California Government Code Sections. 8. Miscellaneous Provisions. 8. 01 Choice of Law. The internal laws of the State of Cali- fornia, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. Agreement to Purchase Real Property - Peters Page 7 8. 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 judg- ment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party 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 con- tained 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 obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8. 04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive 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 par- tial 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. Agreement to Purchase Real Property - Peters Page 8 8. 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 Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such com- munications shall be addressed as follows : Seller: Colin Peters, Esq. Peters, Peters & Ellingson 525 University Avenue, Suite 1505 Palo Alto, CA 94301 (415) 328-6770 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager k (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliv- ery 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 which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from Agreement to Purchase Real Property - Peters Page 9 giving oral notice to the other when prompt notification is appro- priate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 8. 06 Disclaimer of Representations. District and Seller agree that, except as otherwise specifically provided herein, neither Seller, nor any of its employees, representatives, or agents has made any representations, warranties or agreements as to any matters con- cerning the Property which are not contained in this Agreement, including, without limiting the generality of the foregoing, the con- dition of the improvements thereon, or the fitness of the Property or such improvements for any use intended by District. District agrees to purchase and Seller agrees to deliver the Property at the Closing in an "as is" condition without reliance by District 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. 8. 07 Severability. If any of the provisions of this Agree- ment are held to be void or unenforceable by or as a result of a deter- mination 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 which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 8. 08 Counterparts. This Agreement may be executed in sepa- rate 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. Agreement to Purchase Real Property - Peters Page 10 8. 09 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, .a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 8.10 Entire Agreement. This Agreement is intended b the g g Y parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspond- ence, conversations, negotiations, agreements or understandings relating to the same subject matter. 8.11 Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. 8. 12 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder 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 assigns. 8. 13 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. i I Agreement to Purchase Real Property _- Peters Page 11 8. 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 appro- priate to consummate and carry into effect the transactions described and contemplated under this Agreement. 8.15 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 8. 16 Captions . Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agree- ment, nor as evidence of the intention of the parties hereto. 8. 1-7 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. 8.18 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. 9. Acceptance. District shall have until September 11 , 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 Property to District for the consideration and under the terms and conditions herein set forth. As considera- tion for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10.00) . Agreement to Purchase Real Property - Peters Page 12 Provided that this Agreement is accepted by District, 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 executed by their duly authorized officers to be effective as of the day and year first above written. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Colin Peters p/ /� O 6 _ Date: _ St n ey Orton, Ms rict Counsel ACCEP O RECOMMENDATION: P-e� Carol Peters Date: Y(" L. Craig B itton Land Acqui ition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: CAT.NO ':N01103-Use with NNO1113 TO 529 CA-Par.1(5-83) TICOR TITtA INSURANCE SAN MATEO COUNTY OFFICES (5:333 Marshall 5ireet.Redwood City 94063 (415)366-9551 01182 Chestnut Street.Menlo Park 94025 (415)323-6101 ❑1111 South El Camino Real.San Mateo 94402 (415)349-1604 0 223 El Camino Real,San Bruno 94066 (415)583-3991 01035 E.Hillsdale Blvd..Suite 150.Foster City 94404 (415)574-5357 PREUMINVAW R1EPORT IMPORTANT MID PENINSULA REGIONAL OPEN When replying refer to SPACE DISTRICT SUPPLEMENTAL OurNo. 454712-RWC 375 DISTEL DRIVE LOS ALTOS, CALIFORNIA 94022 Your No. -- In response o po e i the above referenced application for a Policy of Title Insurance,TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby 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 below 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 on the attached cover. Copies of the Policy forms should be read.They are available from the office which issued this Report. I This Report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of Policy of Title Insurance,a Binder or Commitment should be requested. Dated as of AUGUST 8, 1986 at 7:30 a.m. ELLEN M. ELLINGSEN MEG BL11E Escrow OfGcar Title Officer The form of Policy of Title Insurance contemplated by this Report is: 0 ALTA Residential Title Insurance Policy- 1979 D ALTA Loan Policy- 1970 with ALTA Endorsement Form I Coverage(Amended 10-17-70) 0 CLTA Standard Coverage Policy- 1973 0 ALTA Owner's Policy Form.B- 1970(Amended I0-17-70) 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: COLIN AND CAROL PETERS At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusio ss-conli" ins Policy form would be as follows: (See Attached) 0 PAGE 2 --- 454712 1. TAXES FOR THE FISCAL YEAR 1986-87, A LIEN, NOT YET DUE OR PAYABLE, INCLUDING SUPPLEMENTAL TAXES AND/OR PERSONAL PROPERTY TAXES, IF ANY, AMOUNT NOT ASCERTAINABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3 . 5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. EASEMENT FOR ROAD PURPOSES OVER SO MUCH OF •THE HEREIN DESCRIBED PROPERTY AS LIES WITHIN EXISTING ROADS OR HIGHWAYS . 4 . EASEMENTS FOR INGRESS AND EGRESS AND PUBLIC UTILITIES WITHIN PORTIONS OF THE HEREIN DESCRIBED PROPERTY AS RESERVED AND GRANTED IN THE FOLLOWING THREE (3) DEEDS FROM GEORGE S. NOLTE AND MARJORIE A. NOLTE, COLIN PETERS AND CAROL PETERS, FRANK LEE CRIST, SR. , ROGER E. CRIST AND JEANESE C. ROWELL AS TRUSTEES, FRANK LEE CRIST, JR. , AND MARGARET CRIST AND ROGER GRIST AND DIANE CRIST TO: (A) COLIN AND CAROL PETERS, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK 7341 OFFICIAL RECORDS, PAGE 123 (64219-AK); (B) GEORGE S. AND MARJORIE A. NOLTE, DATED DECEMBER 29, 1976 AND RECORDED DECEMBER 29, 1976 IN BOOK ?341 OFFICIAL RECORDS, PAGE 175 C64223-AK), AND RE-RECORDED MARCH 10, 1978 IN BOOK 7724 OFFICIAL RECORDS, PAGE 402 (40212-AM); (C) FRANK LEE CRIST, SR. , ROGER E. CRIST AS TRUSTEE OF JEANESE C. RO'WELL CHILDREN`S TRUST, FRANK LEE CRIST, JR. AND MARGARET ANNA CRIST, AND ROGER E. CRIST AND DIANE C. CRIST, RECORDED DECEMBER 29, 1976 IN BOOK- 7341 OFFICIAL RECORDS, PAGE 189 (64224-AK) . 5. THE FURNISHING OF EVIDENCE TO THIS TITLE COMPANY THAT COLIN PETERS, TRUSTEE, OR THE SUCCESSOR TRUSTEE, OF THE COLIN AND CAROL PETERS TRUST DATED JANUARY 15, 1973 WAS AUTHORIZED BY THE TERMS OF SAID TRUST TO GRANT THE HEREIN DESCRIBED PROPERTY TO COLIN PETERS BY DEED DAT ED SEPTEMBER 15, 1975 AND RECORDED 5EPTEMBER 1$, 1975 IN BOOK 6939 OFFICIAL RECORDS, PAGE 14 (91065-AI ). EXHIBIT - A Mum 'age of znl PAGE 3 --- 454712 NOTE ONE: COUNTY TAXES FOR THE FISCAL YEAR 1985-86, PAID, AS FOLLOWS : - FIRST INSTALLMENT $687.19 SECOND 'INSTALLMENT $687.19 COD E N0. 066-005 TAX BILL PARCEL NO. 080-340-030 NOTE TWO: TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF. NOTE THREE: SENATE BILL 1550 (CHAPTER 1004, STATUTES OF 1984) IS EFFECTIVE JANUARY 1, 1985. THIS LAW MANDATES ALL FUNDS BE COLLECTED AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. DELAYS IN CLOSING WILL OCCUR IF FUNDING IS BY OTHER THAN BANK WIRE, CASHIER' S CHECK, OR SIMILAR ITEMS DRAWN ON A CALIFORNIA FINANCIAL INSTITUTION. DRAFTS AND CHECKS DRAWN ON OUT-OF-STATE FINANCIAL INSTITUTIONS MAY BE REQUIRED SEPARATE COLLECTION OR MINIMUM STATUTORY PERIOD FOR BANK CLEARINGHOUSE PROCESSING IN LIEU OF NOTICE THAT. A PARTICULAR ITEM HAS BEEN PAID. NOTE F.:liZ: WE HAVE VESTED IN ACCORDANCE WITH THE RECORD AS TO THE INTERESTS OF "COLIN AND CAROL PETERS". IN ANY CONVEYANCE OR ENCUMBRANCE OF SAID INTERESTS, THE SURNAME SHOULD BE USED, I .E., "COLIN PETERS AND CAROL PETERS". NOTE FIVE : CERTAIN OF THE EASEMENTS PURPORTEDLY CREATED BY THE VARIOUS DEEDS REFERRED TO IN EXCEPTION 4 HEREIN ARE NOT INSURABLE BY REASON OF AMBIGUOUS DESCRIPTION OR ARE MERGED WITH THE FEE TITLE, THEREFORE ARE NOT SET FORTH HEREIN. tiG/1%E81286 2 C MID PEN Ex H1BI Page 3 454712 Sch,ec#uJ6 The land referred to herein is described as follows: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATEO, STATE 4F CALIFORNIA, DESCRIBED AS FOLLOWS : PARCEL A: (FEE) THE SOUTHEAST 1/4 AND ALL THAT PORTION OF THE SOUTHWEST 1/4 LYING NORTHERLY OF THE CENTERLINE OF ALPINE CREEK, IN SECTION 20, TOWNSHIP 7 SOUTH, RANGE 3 WEST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL B: (EASEMENT) A 50.00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES, MORE PARTICULARLY DESCRIBED AS FOLLOWS : A STRIP OF LAND 50 .00 FEET WIDE, LYING NORTHERLY OF AND CONTIGUOUS TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 7 SOUTH, RANGE 3 WEST, M.D .M., EXCEPTING FROM SAID STRIP ALL THAT PORTION WHICH LIES EASTERLY OF THE CENTERLINE OF ALPINE ROAD AS SHOWN UPON THE MAP FILED BY JAMES AND WATERS, CIVIL ENGINEERS, IN LICENSED LAND SURVEYOR '; MAP BOOK 1 AT PAGES 55 AND 56, SAN MATEO COUNTY RECORDS . PARCEL C : (EASEMENT) A 25.00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE FOLLOWING FIVE (5) PARCELS : (1) A STRIP OF LAND 25.00 FEET WIDE, LYING NORTHERLY OF AND CONTIGUOUS TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20 . (2) A STRIP OF LAND 25.00 FEET WIDE, LYING SOUTHERLY OF AND CONTIGUOUS TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20. (3) A STRIP OF LAND 25.00 FEET WIDE LYING EASTERLY F 0 AND CONTIGUOUS TO THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20. CONTINUED EXHIBIT" Fags of . 45�4712 Schedule C PARCEL C : _ (EASEMENT) CONTINUED: ~ (4) A STRIP OF LAND 25. 00 FEET WIDE LYING WESTERLY OF AND CONTIGUOUS TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 20. (5) A STRIP OF LAND 25. 00 FEET WIDE, LYING NORTHERLY OF AND CONTIGUOUS TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 20. PARCEL D: (EASEMENT) A 50 . 00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 50. 00 FEET WIDE, LYING WESTERLY OF AND CONTIGUOUS TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20. PARCEL E : (EASEMENT) A 50 . 00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 50.00 FEET WIDE LYING EASTERLY OF AND CONTIGUOUS TO THE WEST LINE OF SAID NORTHWEST 1/4 OF SAID SECTION 20. PARCEL F: (EASEMENT) A 25. 00 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE FOLLOWING TWO (2) PARCELS : (1) A STRIP OF LAND 25. 00 FEET WIDE LYING SOUTHERLY OF AND CONTIGUOUS TO THE NORTH LINE OF SAID NORTHWEST 1/4 OF SAID SECTION 20. (2) A STRIP OF LAND 25.00 FEET WIDE, LYING NORTHERLY OF AND CONTIGUOUS TO THE NORTH LINE OF SAID SECTION 20, EXCEPTING FROM SAID STRIP ALL THAT PORTION WHICH LIES WITHIN THE BOUNDS OF THAT CERTAIN 94 .806 ACRES PARCEL DESCRIBED IN SAID DEED RECORDED IN BOOK. 1446 AT PAGE 199, SAN MATEO COUNTY RECORDS . EXHIBIT . A Paqe-5--oi I I fY:►AI• t • �'� h•Y <A'/• _ R. M • •—�—r'•• '�'t r.w•:rnf l� � l�,yr► /, •.1'V.t•.X(• / lrf !.1'Yf 4•f• ... f 'MY O lr• IA0-1 i ✓ 1 aarr.. �a •I' ., r M —A—IN N .••..A..f„A. J••�f Ir.•.Yl •M'.' 4r: it ►-f•++` Y" \• "x This is not a survey of the land but is Compiled • fr. 1 .•t. .—AA-AV�.�+' y f•:f/ . 1• A a•• ws . ;r Au into:m.tiun only, ncr is It a part of the report ~-~"Y ' .f':i;•'' .sr at tatulny to which it may be attached. a�+ hr�1•?\.wlAw •�Al�lryi'r'»' f ' 1 w:f iN r:.•.w..:f Y LU 1• �'A V"A•J 1 A 4:x t .. S Law. • I Vwhwrf Mom• , r 1••YAl Ne �f ' - 7/\•:J �A•f1• 4 ,• �n is ,`'�L L. `r 'r,Yrr l YIr�T Prin ted Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION'RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not 3 Title Risks: insured against loss,costs, attorneys'fees and expenses result- ■ that are created,allowed or agreed to by you ing from: • that are known to you,but not to us,on the Policy Date- 1 Governmental police power, and the existence or violation unless they appeared in the public records of any law or government regulation. This includes building • that result in no loss to you and zoning ordinances and also laws and regulations con- cerning: . that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of • land use Covered Title Risks ' improvements on the land 4 Failure to pay value for your title. land division ' environmental protection 5 Lack of a right: This exclusion does not limit the zoning coverage described ` to any land outside the area specifically described and in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A,or • in streets,alleys or waterways that touch your land 2 The right to take the land by condemning it, unless a no- This exclusion does not limit the access coverage in Item 5 tice of taking appears in the public records on the Policy Date. of Covered Title Risks. SCHEDULE B —STANDARD EXCEPTIONS ;E (A) Any rights,interests or claims of parties in possession of the land not shown by the public records. (B) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (D) Any water rights,claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA 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 unless notice of the exercise of such rights appears in the public records at Data 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 insured by this policy or acquired the insured mortgage and not disclosed in uniting 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 assessm is for street improvements under construction or completed at Date of Policy). 4, Unenforceabifity of the lien of the insured mortgage because of failure of the insured at Date of Policy ` 'o1anyS T of the indebtedness to comply with applicable "doing business" laws of the state in which the land is sitipc 70f (Exceptions and Exclusions Continued on Reverse Side) 1:: 1 Printed Policy Exceptions and Exclusions (Continued) CALIFORNIA LAP -ITLE ASSOCIATION STANDARD C RAGE POLICY-1973 • (Amended 12-6-85 and 2-20-86) SCHEDULE B PART 1 • This policy does not insure against toss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2: Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by malting inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 6- (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights, claims or title to water, whether or not the matters excepted under(a), (b), or c are shown I o nb h { } the public c records. P 6. Any right,title,interest,estate or easement inland beyond the line s of the areaspecifically described in or in abutting streets,roads,avenues,alleys,lanes,ways or waterways,but nothing in this paragraph shall modify olimit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. 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 change in the dimensions or area of the land or any parcel of which the land is or was a part,whether or not shown by the public records at Date of Policy,or the effect of any violation of any such law,ordinance or governmental regulation,whethe r er or net shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects,liens encumbrances, .adverse claims,or other matters(a)whether or not shown by the public records at Date of Policy,but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage 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; or(e) resulting in loss or damage which would not have been sustained if h insured claimant had been a purchaser or encumbrancer for value without knowledge. the 10. Any facts,rights,interest or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-7 0) 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 loca- tion 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 in red claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant her at Date of Policy or at the date such claimant acquired an estate or interest by this policy and if n wr" by the insured claimant to the Company prior to the date such insured claimant became an insuc�ereun� in no loss or damage to thy insured claimant; (d)attaching or created subsequent to Date of P,�a damage which would not have been sustained if the insured claimant had paid value the esta't?l I n ns l r this policy. RECORDING REQUESTED BY � *AP i�tiEN RECORDED MAIL TO Midpeninsula Regional Open Space District CR-D '.:'.L OFFICE CENTER, BUILDING C.SUITE 135 CIRCLE,MOUNTAIN VIEW,CA 94040 L r.__. L. Craig Britton —� SPACE ABOVE THIS LINE FOR RECORDER'S USE DU:f RECORDED WITHOUT FEE i NO TRANSFER TAX DUE PS%�tiZ TO GOVERI3?1E`1T CODE i PUBLIC AGENCY ACQUIRING TITLE, SE AN SECTION 27383 4 CALIFORNIA REVENUE D TAXATION CODE SECTION 11922 urant Deed FOR A VALUABLE CONSIDERATION, COLIN PETERS and CAROL PETERS, husband and wife hereby GRANT(S) to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,a public district the following described real property in the County of San Mateo , State of California: Being more particularly described in Exhibit "A" as attached hereto and incorporated herein by this reference. I ,x R-86-75 (Meeting 86-21 Sept. 10, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 3 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; D. Woods, Open Space Planner SUBJECT: Proposed Luckenbach Property Addition to Limekiln Canyon Area of Sierra Azul Open Space Preserve Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Neces- sary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Luckenbach et al. ) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, name the property an addition to the Limekiln Canyon Area of the Sierra Azul Open Space Preserve, and indicate your intention to dedicate the property. Introduction: A 160 acre parcel of land located east of Highway 17 has been offered for sale to the Midpeninsula Regional Open Space District (see attached map) . If acquired, the parcel would become an addition to the Limekiln Canyon Area of the Sierra Azul Open Space Preserve. The property is an important part of the scenic backdrop to the east of Lexington Reservoir. It is situated between the District' s Limekiln Canyon Area and the former Laye property, located near Mt. E1 Sombroso, in which the District owns a one-half interest and, if acquired, will make one contiguous area of protected open space between the reservoir and the ridge leading to the top of Mt. E1 Sombroso. A. Description of the Site 1. Size, Location and Boundaries The 160 acre property is approximately 3 miles east of Lexington Reservoir on a ridge located between the upper reaches of Soda Springs Creek and Limekiln Creek (which is also referred to as Cavanaugh Creek) . These two creeks bound the property to the 9' ) P P Y south and north, respectively, while the District's Limekiln R-86-75 Page two Canyon Area and the former Laye property bound the site on the west and east, respectively. The northeast corner of the prop- erty adjoins the main ridge which connects the Kennedy Road Area to the Mt. Umunhum Area. A prominent feature of the property is the open grassy ridge which bisects the site in the east-west direction. The upper portion of this ridge has gentle to moderate slopes and affords spectacular views to the west. The remaining portion of the property is generally comprised of steep westerly facing slopes which drop off sharply to the north and south drainages. The vegetative community is largely comprised of chaparral with the exception of the ravines, which have large stands of bay and a few maple and Douglas fir trees. There are perennial springs in the ravines supporting a wide variety of plant and animal life. A few oaks are located on the grassy hilltops. This grassland is a result of grading within the past few years, as there is evidence of brush piles extending the full length of the grassline. One small area of propagated Christmas trees is located in the grassland on the upper ridge. B. Current Use and Development The property has a variety of improvements and equipment, most of which are associated with the Christmas tree farm operation. These items are to be removed by December 31 , 1986. There are a number of interconnecting roadways along the ridgetop which branch off the main road that descends from the main ridge road below Mt. El Sombroso. A small house trailer is located near the easterly boundary, and various items of equipment are nearby. These items include such things as tractors, trailers , a storage tank, plastic pipe, pallets, and fencing. Below the trailer is approximately one acre of Christmas trees. It appears the tree farm encompassed a larger area at one time and that most of the trees died due to the lack of adequate irrigation, C. Planning Considerations The property is located within unincorporated Santa Clara County and is zoned Hillside IHS' , Acquisition of the parcel for open space purposes conforms with the General Plans of Santa Clara County and Town of Los Gatos. The County' s Trails and Pathways Plan, as revised may 1982 , indicates a proposed trail corridor in the vicinity of this property, extending from Kennedy Road to Mt. Thayer. The parcel has a medium rating on the District' s Master Plan map, a composite system of ranking lands ' suitability as open space. R-86-70 Page three D. Potential Use and Management The site should be maintained as a natural area to protect the visual backdrop of the Lexington Recreation Area and the integrity of the watershed. The site could provide a spur trail and stopping- off point for visitors using the regional trail system planned for the area. E. Interim Use and Management Recommendations 1. Boundary plaques will be placed where appropriate. Estimated costs of $15 are included in fiscal year 1986-1987 budget. 2. In accordance with the purchase agreement, all the improvements and equipment are to be removed by seller by December 31, 1986. The Christmas trees will be removed by District staff as they detract from the more natural setting of the surrounding area. F. Dedication I recommend you indicate your intent to dedicate this property as open space, reserving the right to allow for the possibility of the transfer of density rights on all or a portion of the property. G. Naming I recommend that this property become an addition to the Limekiln Canyon Area of the Sierra Azul Open Space , Preserve. H. Terms In accordance with the conditions of the attached "Purchase Agreement Bargain Sale, " the full purchase price for the 160 acre property would be $272 ,000 (or $1,700 per acre) . The value of the bargain will be determined at a later date by the sellers in conjunction with the preparation of their individual (and confidential) income tax returns. Staff is satisfied that the purchase price being paid by the District is very attractive. The funds for this acquisition would come from the proceeds of the 1986 Promissory Note Issue and would be charged to the New Land Purchases budget category. s."' r I� ,:-ter _�•.-. - - ... . ..� ' 7; 457, 603 Easerient _ ti l i � � :�f _ '�` "� � _• % 'mil' .. /T -r '�-�. it ° �_�� •% \restone quarries )��'l! �-��-_ ,.,,,-\��r a -1,.n. •. _._ - ~ ',� �� I ` J J ---� _ Open Spa _.rKE INEDY ROAD AREA• Easement >f f , l _ „ ■: LIMEKILN CANYON - Proposed Acquisition i� AREA- i (Lands of Luckenhach) -Od I _ A c � t ' Y )er`ino j ny i� A _ s San o lose ■ Campbell` ..t of .. M _ I Los Gatos �= s 1E.sG10•t RE5 NORTHWEST PART OF SIERRA AZUL i "- 1 AES IYafEA r — J�ih aa(ER AEi aREa oEC aFE4 "'�-- ' wt w aWa_ew OPEN SPACE PRESERVE aw�w. 1" = 2000 North 2-1..�r.JS-R !!}R J�-s J►Jl7t gJS J�■J ■.�r.■r f R r R f}�LA1�lL1LRA 1�J�..#�.R ICE Ju J�Ji tf�'y�i r.r t r i •. r>r}.■Y. :i t Pr O r r PURCHASE AGREEMENT - BARGAIN SALE THIS AGREEMENT is made and entered into by and between the U'_ELEP,SIGNED INDIVIDUALS, hereinafter called "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT," WITNESSETH WHEREAS, SELLER is the owner of certain real property which has natural beauty, open space and recreational value, and eco- logical significance, located within an unincorporated area of Santa Clara County and being more particularly described within the body of this Agreement. WHEREAS, DISTRICT was formed by voter initiative to solicit and receive conveyances of real property, by purchase, gift, or bar- gain purchase exclusively for public park, recreation, scenic and oae.n space purposes, and WHEREAS, DISTRICT desires to purchase said property both as oven scace and as part of the recreational , ecological and aesthetic resources of the midpeninsula area, and WHEREAS, SELLER, out of its desire to promote the public social and economic welfare, and to share the natural and scenic beauty and enjoyment of said property with the citizens of the mid- peninsula area, wishes to sell and convey said property to DISTRICT at a purchase price below its fair market value, and DISTRICT wishes to purchase and receive said property at the advantageous price so offered. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER'S real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred sixty (160) acres , and commonly referred to as Santa Clara County Assessor' s Parcel No. 558-33-005 , and being more particularly described in Preliminary Title Report No. 5-1555 , dated July 28 , 1986 , from First American Title Guaranty Company, attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attri- butable to the aforesaid lands, and any and all improve- ments attached or affixed thereto. Purchase Agreement - Bargain Sale Page Two Luckenbach 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price- shall be Two Hundred Seventy- Two Thousand and No/100 Dollars ($272 ,000. 00) , payable in cash at such time as escrow may be closed and title conveyed to DISTRICT under the terms and conditions set forth herein. 3. TITLE AND POSSESSION Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens , encumbrances, judg- ments, easements, taxes, assessments, covenants, restric- tions, rights, and conditions of record except: A. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. B. Typewritten exceptions numbered 5 and 8 as listed in said Preliminary Title Report (Exhibit "A") . 4. COSTS r DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this trans- action. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens , discharge of judgments , or any other charges , costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. WAIVER OF STATUTORY COMPENSATION/BARGAIN SALE SELLER and DISTRICT understand and agree that SELLER may be entitled to receive the fair market value of the prop- erty described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Further , it is acknowledged by DISTRICT and SELLER that the pur- chase price being paid for the property is less than the property' s fair market value, and that the difference in the price being paid to DISTRICT and the property' s fair market value is being donated to DISTRICT as part of this transaction. SELLER hereby waives any and all existing and/or future rights it may have to the fair market value of said property, appraisals , etc. , as pro- vided for by said Federal Law and any corresponding California Government Code Sections. In evidence of such Bargain Sale, DISTRICT shall execute and submit into escrow Internal Revenue Service Form 8283 , as appropriate. Purchase Agreement Bargain Sale Page Three Luckenbach 6. COMMISSIONS Neither SELLER nor DISTRICT shall have any obligation to pay any real estate agent's commission or other related costs or fees in connection with this transaction. 7. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there are no oral or written leases or rental agreements affecting all or any portion of the subject property, or any person lawfully occupying the property, and SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs , liability, loss or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement or occupancy of the property (including, but not limited to, relocation payments and expenses provided for in Section 7270 , et seq. , of the California Code) . 8. REMOVAL OF PERSONAL PROPERTY It is understood and agreed that located on the property being acquired by DISTRICT are many items of personal property of SELLER, including, but not limited to: one house trailer, one tractor and one bull dozer (with two disc and one drag attachments) , two flatbed trailers, water lines, PVC pipe and pumps, one fiberglass water tank, and other miscellaneous material and debris. It is agreed that SELLER shall remove these personal prop- erty items prior to December 31 , 1986 , and leave the subject property in a neat and clean condition. 9. ACCEPTANCE AND TERM OF ESCROW DISTRICT shall have forty-five (45) days, from and after the date of execution hereof by the last individual SELLER hereunder, to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to enter into a contract with DISTRICT on the terms and conditions set forth herein; in consideration of which DISTRICT has paid and SELLER acknowledges receipt of the sum of Ten and No/100 Dollars ($10. 00) . 10. TIME OF ESSENCE Time being of essence and provided that this Agreement is accepted and executed by DISTRICT in accordance with Paragraph 9 hereinabove, this transaction shall close escrow thirty (30) days following such accept- ance and execution by DISTRICT, but in no event later than December 31 , 1986 , through an escrow (No. 5-1555) Purchase Agreement - Bargain Sale Luckenbach Page Four to be conducted by First American Title Guaranty Com- pany, 329 South San Antonio Road, Suite r8 , Los Altos, California 94022, or other such escrow holder as may be designated by the DISTRICT. Il. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or suc- cessors in interest of the parties hereto. I MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT ACCE R RECOMMENDATION: r Alvin H. Luckenbach � �'- L. Craig Britton, SR/WA Date: 2.-a -- Land Acquisition Manager , APPROVED AND ACCEPTED: R. L. Brown , —,2� - President, Board of Directors Date: , APPROVED AS TO FORM: Robert H. Strunk - -- Stanley N rton Le al Counsel Date: _ $���`��� g ATTEST: Dis-.rict Clerk Date. i r PTR-2 c Mid Peninsula TITLE OFFICER: Mary Wilson 201 San Antonio Circle, Bld. C #135 ESCROW OFFICER: Mary Ann Wakefield Mountain View, CA ESCROW ORDER NO. : 551866 TITLE ORDER NO. : 551866 Attention: Sandy CUSTOMER REFERENCE: None shown PROPERTY ADDRESS: None available I Subject to a minimum charge required by Section 12404 of the Insurance Code In response to the referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this i report. This report (and any supplements or amendments thereto) is issued solely for the purpose of facili- tating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of July 28, 1986 at 7:30 a.m. 00 TITLE OPERATIONS MANAGER Title to said estate or interest at the date hereof is vested in: ALVIN H. LUCKENBACH, who acquired title as an unmarried man, as to an undivided 1/2 interest and R. L. BROWN, who acquired title as an unmarried man, as to an undivided 1/4 interest and ROBERT H. STRUNK, who acquired title as an unmarried man, as to an undivided 1/4 interest The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE First American Title Guaranty Company EXHIBIT Page of PR-2 Order No. 551866 Page 2 LEGAL DESCRIPTION: Real property situated in the Unincorporated Area, County of Santa Clara, State of California, described as follows: The Southeast 1/4 of Section 35, Township 8 South, Range I West, Mount Diablo Base and Meridian. APN: 558-33-5 First American Title Guaranty Company EXHIBIT Page j Order No. 551866 Page 3 At the date hereof exceptions to coverage in addition to the printed exceptions con- tained in said policy form would be as follows: 1. Taxes for the fiscal year 1986-87, a lien not yet due or payable. 2. The Lien of. Supplemental Taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. A Deed of Trust to secure an indebtedness in the original principal sum of $54,000.00 and any other amounts and/or obligations secured thereby, I recorded April 23, 1979 in Book E438, Page 98, Official Records Dated April 20, 1979 Trustor Alvin H. Luckenbach, an unmarried man Trustee Lawyers Title Insurance Company, a corporation Beneficiary Stella A. Schwampe, a widow and Suzan Marie Van Norman, a married woman, as joint tenants Address 23 Riveron Drive, San Francisco, CA Loan No. None shown 4. All-inclusive deed of trust to secure an indebtedness of $90,000.00: Dated December 28, 1979 Trustor R. L. Brown, an unmarried man and Robert H. Strunk, an unmarried man Trustee Lawyers Title Insurance Corporation, a Virginia cor- poration Beneficiary Alvin H. Lockenbach, an unmarried man Address 330 N. Mathilda Ave. #912, Sunnyvale, CA 94086 Loan No. None shown Recorded January 3, 1980 in Book F58, Page 302 of Official Records 5. Lack of record access to any public street or highway. 6. Matters which may affect the title unless eliminated by Statements of Identity from R. L. Brown. First American Title Guaranty Company )�K 9 I A__ P Y � � Page of PTR-2 Order No. 551866 Page 4 7. Any and all unrecorded leases which may be disclosed by an inspection of the premises. 8. Any facts, rights, interest or claims which a correct survey would show. Fir st American Title Guaranty Company EXH 13 T Page ®f PTR-2 Order No. 551866 Page 5 NOTES A) According to the public records, there have been no deeds conveying the herein described property recorded within six months prior to the date hereof except as follows: NONE B) Both installments of taxes for the fiscal year 1985-86 have been paid in full. 1st Installment $430. 11 2nd Installment $430. 11 Assessors No. . 558-33-005 Code Area 80-060 e First American Title Guaranty Company EXHIBIT Page ©f THaS'$MP ry C MAY pR � 'VG GPt('T h�AY fU!T L'E A EG FItRE, ,r IT SURD, OF THE ONE, 1 P t:-OT TO RE RELIEE P - A�;�kL ORIENTING TITLE �. , c �; �':; 0, THE DR Dttl ,� F r;�� �ti,.'c:�,'. ktr'ERI tiG_ ESr `-r,,,,. . . U t:ApILITY FOR CAN LOSS WUE THEREON. ' r m � z n o . � C ljrx lO _YZ I r � � U { W NN m � a EXHIBIT LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B "rtS DO-C'v�Ys-Ot insure against lost or damage,not aganst costs,attorneys'fee•,or expenses,any or all of which arose by reason of the following: 'axis or assessments which are not shown as existing hens by the records of any taxing authority that levies taxes or assessments On real property Or by the oubf+c recce ifs.. --oc'eed-gs by a public agency which may result on taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the '.. records < A-, =a:-;. rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons '.. Cizssess on thereof. ? Ease^�!-.•¢,liens or encumbrances,or claims thereof,which are not shown by the public records. sc-epa-cies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public ..:r ifs : an Jnpa',ented mining claims; (b) reservations or except-ons on patents Or in Acts authorizing the issuance thereof. IC) water rights,claims or title to water. -. Any rig".title,interest,estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A,or in abutting streets,roads,avenues. n'ev s,lanes,ways or waterways,but nothing on this paragraph shalt modify or limit the extent to which the ordinary right of an abutting owner for access to a physically cot,Sir"i or highway is insured by this policy. 7_ Any taw ordnance or governmental regulation (including but hat limited to building and zoning ordinancesl restricting or regulating or prohibiting the occupancy,use or '.. tn;c•.mc`: of the land, or regulating the character,dimensions. or location of any improvement now or hereafter erected on the land,or prohibiting a separation.n :w=Crah:or a reduction on the dimensions,or area or the land,or the effect Of any violation of any such law,ordnance or governmental regulation. e q.g-s of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. '.. 5 re"rots,'ens,encumbrances,adverse Claims,or other matters(al created,suffered,assumed or agreed to by the insured claimant;(b)not shown by the public records and -o: p:ht—se excluded from coverage 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 :a ^x r acgo�red the insured mortgage and not cl,wosed in wr-tmg by the insured claimant to the Company prior to the date such insured claimant became an insured rers�ndt'.(c) resulting in no loss or damage to the insured cla mast.Id!attaching or created subsequent to Date of Policy;or(e)resulting in foss or damage which would -o'.-.ave Yen sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970(AMENDED 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE t ar Governmental police power_ o: Ant aw,ordnance or governmental regulation relating to environments!protection. -c! Ant law•ordnance or governmental regufat,dn hnclucling tut not 1•mited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or e-ioymen!of the land,or regulating the character.dimensions or location of any improvement now or hereafter erected on the land,or prohibiting aseparatior in ow-ersh,p or a change on the dimensions or area of the land or any pa-cel of which the Sand is or was a part. The effect of any violation of the matters excluded unot, (al.lb`.Or (cl above,unless notice of a defect,lien or encumbrance resulting from a violation has been rec:-ded at Date of Policy in those records in which under state statutes deeds,mortgages,lis pendens,liens or other title encumbrances must be recorded in order to imGs-i constructive notice to purchasers of the land for value and w thout knowledge,Provided.however,that without limitation,such records shall not be construed to rc;ude records in any of the offices of federal,stare or loca:environmental protection,zoning,budding,health or public safety authorities. 2 gn-s or earl domain unless notice of the exercise of such rgn!s appears on the public records at Date of Policy. ens,encumbrances,adverse claims,or other matters IS)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not s.�ovi.+"+ot the public records but known to the insured clamant either at Dace of Policy or at the date such claimant acquired an estate or interest by this po'+Cy and not :-sc 45t^.•n writing by the insured claimant to the Company p,o,to the date such insured Cia,manI became an insured hereunder;10 resulting in no loss or damage to the xis,.-to c aimant;(d)attaching or created subseoueni to Date of Policy.or fell resulting in loss or damage which would not have been sustained if the insured claimant had :a: .a+ue fo•the estate or interest insured by th-s policy. N47E: Tne 10.17.84 amendments of exclusions 1 and 2 above will be incorporated into the policy by attachment cf an"Endorsement Amending Policy'*,endorsement ru-be FA-27 1. I 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS in 302-:r• i the Exceptions in Schedule S.you are not insured against loss,costs.attorneys'fees and expenses resulting from: j Goremmentai police power,and the existence or violation of any law or government regulation. Thit includes building and zoning ordinances and also laws and reg-ations concerning. • land use • land dw.s,on j • improvements on the land • env,ronmerla!protect,on Th s exclusion does not limit the zoning coverage described-n Items 12 and 13 of Covered Title Risks. 2 Tne right to take the land by condemning it,unless a notice of taking appears in the public records on the Policy Date. j T,i't Risks'. • that are created,allowed,or agreed to by you • that are known to you,bit not to us,on the Po cy 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 if of Covered Title Risks i Fa ire to pay value for your title. B Lac•Of a right: • to any land outside the area Spec!icany described and referred to in Item 3 of Schedule A,or • on streets,alleys,or waterways that touch your land Th 5 exclusion does not limit the access coverage in Rem 5 of Covered Title Risks. SCHEDULE B-EXCEPTIONS 1n Apt -:.r:the Exclusions,you are not insured against toss,costs,attorneys*fees,and expenses resulting from t_ A-,r p-ts.•nterests or claims of parties in possession of the land not shown by the public records. 2 A^r to riot^ts or hens not shown by the public records. Tr s txtept on does not limn the lien coverage in Item B of Covered Title Risks. 3 A-i 'aces about the land which a correct survey would disclose and which are not shown by the public records. 'z tx=ep^on does not limit the forced removal coverage in Item 12 of Covered Title Risks- 4 A`-..iii ttr-ghts,claims or title to water on or under the land. IT Continued on Next Page3w��� of F^=l,i st=.1 iREY.3'851 _ 4. AN 'AN LAND TITLE ASSOCIATION LOAN POLL '970 WITH A.L.T.A.Et SEMENT FORM 1 COVERAGE (AMENDED 1t. 10 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 a Go+!-nmenta'police power. s _ Ant aw, d ornance or governmental regulation relating to environmental protection, Any aw, ordnance or governmental regutation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy.use Zr,[PrOy merit 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 7w^,Yin A or a change in the dimensions or area of the land or any parcel of which the land n or was a pa!t. T,.e .`fect of any violation of the matters excluded under(at, lb)or(c)above"unless nonce of a defect,lien or encumbrance resulting from a violation has been 'l toil•at Date of Policy in those records in which under state statutes deeds,mortgages,IS pendens.Bens or other title encumbrances must be recorded in order to rmcr-r constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed to,-r-utle records m any of the offices of federal,state or local environmental protection.zoning,building,health or public safety authorities. 2 °g--s o' dontan unless notice of the exercise Of such rights appears in the public records at Date of Policy. 1 ie`e.-s iris,encumbrances,adverse claims,or other matters Ia)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not %-Or+' b5 me ouWC records but known to the insured Claimant either 8t Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or ac O.. 'tc•-e 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.Ic) ;is,-rig -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 ra:--cry en 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 a Ln•^`O•cfio i,!y of the hen 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 NCO -aO t 'do ng business"laws of the state its which the land is situated. NOTE: `-.e 10 17 84 amendments of exclusions 1 and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy"',endorsement -umber FA 27 1. 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B- 1970 (AMENDED 10.17.70 and 10-17-84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. (air GOvt-nnlental polite power. '-' any aw,ordinance or governmental regulation Totaling to environmental protection. (tt Any Tom,ordinance or governmental regulation bncluding but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or er;oyment 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 '_'iv-+f-th,p or a Change in the dimensions or area of the land or any parcel of which the land is or was a part. '.. The effect of any violation of the matters excluded under(a),(b)or(c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been cce•setl at Date of Policy in those records in which under state statutes deeds,mortgages.In pendent,loan%or other title encumbrances must be recorded in order to cnpa-r constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed to in:.ucle records on any of the offices of federal,state or local environmental protection,zoning,budding,health or public safety authorities. 2. P 9^-s of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3 Ctfec-s,Dens,encumbrances,adverse Clams,or other matters(a)created.suffered,assumed or agreed to by the insured claimant:(b)not known to the Company and not slow^ b,-tie public records suit 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 d sd cried -wr:nng 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 Sure_C 1 na-t.Id)attaching or created subsequent to Date of Policy:or (e)resulting in loss or damage which would not have been sustained if the insured claimant had CI d.flue'or ine estate or interest insured by this policy. NOTE T-,e 10.17.84 amendments of exclusions 1 and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy".endorsement *umber FA-27 1 SCHEDULER This ea,:,acres rC"msu,against loss or damage by reason of the matters shown in parts one and two following Pat arse '... 1 'axe:Or assessments which are not shown as existing Bens by the records of any taxing authority that levies taxes Or assessments on real property or by the public M reco-cs. 2 A r•s 'acts interests,Or claims which are not shown by the public records but which could be aseeramed by an inspection of said land Or by making inquiry of rr possession thereof. 3 Ease—ants,claims of easement or encumbrances which are not shown by the public records. 4 Oacrtdanc,es,conflicts in boundary Imes, shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by pub;,:records 5 t_lnpa'ented mining claims;reservations or exceptions on patents or in Acts authorizing the issuance thereof;water rights,Claims or title to water. E Any on,or right to a Iron,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17.70 and 10.17-84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE The folios rig marers are expressly excluded from the coverage of this policy: 1. 4a Gove•nmenial police power. (c Any aw,ordinance or governmental regulation relating to environmental protection. In Any aw,ordinance or governmental regulation fincludng but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use o•e-oyment of the land,or regulating the character,dimensions of location of any improvement now or hereafter erected on the land,or prohibiting a separation in wise snip o•a change in the dimensions of area of the land or any parcel of which the land is or was a part. (d, The e'feCt of any violations of the matters excluded under(a), (b)or Ic)above,unless notice of a defect,lien or encumbrance resulting from a violation has been reccced a+ Date o!Policy in those records in which under state statutes deeds,mortgages,Its pendens,hens or other utle encumbrances must be recorded in order to =^'spa co-atrucnve notice to purchasers of the land for value and without knowledge,provided.however,that without limitation,such records shalt not be construed m n:utle•eco•ds,r,any of the Offices of federal,state or local environmental.protection,zoning,building,health of public safety authorities. 2 F ghr,or eminent Coma-unless notice of the exercise of such rights appears in the public records at Date of Policy. 3 Gs'eC's t-s,encumbrances,adverse clams,or other matters(a)created,suffered,assumed or agreed to by the insured claimant.Ib)not known to the Company and not by•tie pub':records but known to the msuretl Claimant either at Date of Policy or at the date Such Clamant acquired an estate or interest insured by this policy or aao-•td re insured molt gage and not disclosed m wr.t,ng by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;Ic) *`s -g "no joss or damage to the insured clamant Idl attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as io any t'a',r,�'y en 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 P: , 4 t,^e^'crCtto hTy,of the lien o1 the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with &CC, caolt doa^g bus,oil laws o1 the state in whiten the land is%�Zcaled NOTE The 10.17 84 amendments of exclusions t and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy".endorsement rumba,FA-27.i SCHEDULE B This poi c,_cis rcr insure against loss or damage by reason of the matters shown in parts one and two following: Par:D,e 1 Tares or a�uassments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments On real property or by the public records, 2 A-y 'acts rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of pe-tc,s,r.cossetsion thereof. '.... 3 Ea t .s claims of easement or encumbrances which are nor shown by the public records. a t.. :,3 s,conflicts in boundary lines,shortage in area enChroachments,or any other facts which a Correct survey would disclose,and which are n t reservations or exceptions not show To by public 5 Sr ..a t .._m—mg claims, pios in parents or in Acts authorizing the issuance thered':water nits,Ua�ms or title to water!ixA Ali BY 9 6 A y `.'=rig^i to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records., �� rage i R-86-78 (Meeting 86-21 September 10, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 4 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager SUBJECT: Proposed Dyer Property Addition to the La Honda Creek Open Space Preserve (Amendment to Agreements) Recommendation: I recommend that you adopt the following two resolutions: 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Amendment to Agree- ment to Purchase Real Property (Extension of Time for Closing) 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 Amendment to Agree- ment to Purchase Option to Purchase Real Property (Extension of Time for Closing) 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) . Background: At your meeting of June 18 , 1986 you approved the formal agreements necessary to acquire the Dyer property as an addition to La Honda Creek Open Space Preserve (see Report R-86-46 of June 13 , 1986 attached) . The approved Agreements contained two major contingencies subject to District satisfaction, the first requiring assurance of a continuous recorded access right along Allen Road and the second requiring settlement of the current law suit on the so-called "back road. " In addition, the agreements provided for 90 days (until September 16 , 1986) to resolve these problems and close escrow. Discussion: During the last two months, the recorded right-of-way for Allen Road was submitted to arbitration, and the initial decision perfected the Dyer' s rights to a continuous access easement. Staff is of the opinion that although this determination is not finalized in the form of a recorded decision, the opinions rendered are sufficient to remove the Allen Road contingency as a District concern. Even if this decision were somehow rescinded before finalization, the established prescriptive rights are well documented, and the doctrine of necessity seems very clear in this case. R-86-78 Page two As to the "back road, " there has not been sufficient time for staff to achieve a settlement, but prospects remain hopeful. Even if no settle- ment were possible immediately and the, District pursued the litigation, it is assumed that some type of positive settlement would be the eventual outcome. In any event, since there appear to be several potential ways of providing secondary patrol access to the property, it is the opinion of staff that the property purchase should proceed thereby also removing the contingency for the "back road. " In recent discussions with the Dyers and representatives of Rancho Del Cielo Associates, they all agreed that resolution of these two problems would be desirable, and accordingly they have consented to an extension of time for the close of escrow if the contingencies are formally removed by the District. The attached agreements , therefore, extend the time for closing to October 17, 1986 (an additional 31 days) and remove all con- tingencies from both the acquisition of the property from the Dyers and purchase of the option rights from Rancho Del Cielo Associates. The one cost associated with this extension is the requirement that the District reimburse Rancho Del Cielo Associates the $1,000 option fee that is owed to the Dyers for the additional period of time before close of escrow. R-86-46 (Meeting 86-16 Al June 18, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 13 , 1986 TO: Board of Directors 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 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) . (3) 1 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 beefi offered the 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) 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 , 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 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 wildlif7e. The trails and easements also could become part of a regional network connecting La Honda Creek Open Space Preserve with E1 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 "Sky" property is the 2191-foot-elevation U5G5 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 fir 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 2h miles to the east and the inactive Pilarcitos Fault is 1h 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- -66-46 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, itionin a fireplace, and 1 a large g, P g 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 g g 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. - . 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. 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 Ranchl 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-complaintE 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 matt er 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. i I AMENDMENT TO AGREEMENT TO PURCHASE REAL PROPERTY (EXTENSION OF TIME FOR CLOSING) This Amendment to Agreement to Purchase Real Property is made and entered into as of September , 1986 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 MIDPE14INSULA REGIONAL OPEN SPACE DISTRICT, a Public District ( "Buyer" ) . RECITALS A. On June 18, 1986 Sellers and Buyers entered into a written "Agreement to Purchase Real Property" pursuant to which Agreement Sellers agreed to sell and Buyer agreed to buy real property located in San Mateo County and commonly referred to as Parcels 2, 3 and 4 of the so-called "Dyer Ranch", all as described in the above referenced Agreement. B. Paragraph 4(a) on Page 5 of the above referenced Agreement provides in part as follows: "The time provided for the Close of 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." C. The "Time for Closing" set forth in the above referenced Agreement is on or before September 16 , 1986. Buyer has requested a thirty-one (31 ) day extension of the time for Closing to and including October 17 , 1986 . D. Sellers have agreed to so extend the time for Closing in III 1 exchange for Buyer 's agreement to waive various obligations of Sellers, which are conditions of Buyer 's obligation to close escrow, as set forth in the above described Agreement. AMENDMENT TO AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained and contained in the above described Agreement, the parties hereto agree as follows: 1. The obligations of Sellers set forth in Paragraph 4c(ii ) on Page 6, and Paragraph 4h on Page 8 , and Paragraph 4i on Pages 8 and 9 are hereby waived by Buyer and said paragraphs are hereby stricken from the above described Agreement to Purchase Real Property. 2. Paragraph 4g( iii ) on Page 7 is hereby amended by adding exception number 9 to the list of title exceptions which Buyer has approved . Buyer hereby waives Sellers' obligation to eliminate said exception. 3. In consideration for Buyer 's waiver of Sellers ' obligations as set forth in the paragraphs referred to above, and the striking of the above referenced paragraphs from the Agreement to Purchase Real Property, Sellers hereby extend the time for closing set forth in Paragraph 4a on Page 5 from September 16 , 1986 to and including October 17, 1986 . 4. Remaining Provisions of Agreement: All other provisions of the above referenced Agreement to Purchase Real Property shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to Purchase Real Property to be executed by their duly authorized officers. or trustees to be effective as of the day and year first above written. MIDPENINSULA REGIONAL OPEN *CALVIN Y. DYER, Trustee SPACE DISTRICT, A PUBLIC DISTRICT (BUYER) _l APPROVED AS TO FORM. ���% Z -t 1 STANLEY NORTON, District *DORA F. DYER, Trustee Counsel A E 1 FOR RECOMMENDATION: L. CRAI0 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 DISTRICT (BUYER) By: President, Board of Directors ATTEST: By: DATE: District Clerk 3 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AMENDMENT TO AGREE- MENT TO PURCHASE REAL PROPERTY (EXTENSION OF TIME FOR CLOSING) AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRE- SERVE - 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 and approve that Certain Amendment to Agreement to Purchase Real Property (Extension of ^i '1e for Closing) between Calvin Y. Dyer et al . and the'Midpenin- sl,.:la Regional Open Space District, a copy of which is attached hereto and by reference glade a part hereof, and authorizes the President or aporopriate officers to execute the Amendment to Agreement on behalf of the District. Said Agreement amends that certain Agree- ment to Purchase Real Property as accepted and approved by Resolution :cumber 86-40 , adopted on June 18 , 1986 . Section T-go. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. =: e General Manager further is authorized to execute any and all otne_ documents necessary or appropriate to the closing of the _ransaction. rr AMENDMENT TO AGREEMENT TO PURCHASE OPTION TO PURCHASE REAL PROPERTY (EXTENSION OF TIME FOR CLOSING) This Amendment to the above referenced Agreement is made and entered into as of September , 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. Buyer and Seller entered into an "Agreement to Purchase Option to Purchase Real Property" as of June 18 , 1986, which Agreement provided for the purchase by Buyer from Seller of Seller 's option to purchase real property located in San Mateo County and commonly referred to as Parcels 2, 3 and 4 of the "Dyer Ranch" , all as described in said Agreement. B. Paragraph 3(a) on Page 5 of said Agreement provides in part as follows: "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." C. The ninety-day period provided for Close of Escrow expires September 16 , 1986 . D. Buyer has requested a thirty-one (31 ) day extension of the date for the Close of Escrow ( from September 16, 1986 to i October 17 , 1986 ) and Seller has agreed to so extend the time for 1 Closing in exchange for the payment by Buyer to Seller of the sum of One Thousand Dollars ($1,000) . AMENDMENT TO AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained and contained in the above referenced Agreement, the parties hereto agree as follows: 1 . Extension of Time far Closing : Buyer and Seller hereby agree that Paragraph 3(a) on Page 5 of the Agreement shall be amended to extend the time for closing from September 16 , 1986 to and including October 17 , 1986 . 2. Payment by Buyer : In consideration for Seller ' s agreement to extend the time for closing from September 16, 1986 to and including October 17, 1986 , Buyer hereby agrees to pay Seller the sum of One Thousand Dollars ($1,000) on or before ten (10) days from the date this Agreement is executed by both parties. 3 . Remaining Provisions of Agreement: All other provisions of the above referenced Agreement to Purchase Option to Purchase Real Property shall remain in full force and effect. **********End of Amendment to Agreement********** (Signatures on Page 3) 2 IN WITNESS WHEREOF, the parties hereto have caused this ndment to Agreement to Purchase Option to Purchase Real =r�:.oerty to be executed by their duly authorized partners, c=ricers or trustees to be effective as of the day and year first a--cve written . !'.DP�NINSULA REGIONAL OPEN RANCHO DEL CIELO S7r_C' DISTRICT, A PUBLIC ASSOCIATES, a California DISTRICT (BUYER) General Partnership, by: A?-'PROVED AS TO FORM: / STAN=,EY NORTON, District DAVID J. E, Partner Co � A, -, TED OR R OMMENDATION: PAUL W. H�OCIGHTON, P rtner L. CRAIG BRITTON, SR/WA Land Acquisition Manager A?PROVED AND ACCEPTED: DOUGLAS H. MONSON, Partner M--E�P-ENINSULA REGIONAL OPEN S?r CE DISTRICT, A PUBLIC D=STRICT (BUYER) ROBERT W. PARKHILL, Partner President, Board of Directors B_ C'erk of the Board of Directors Date 3 IN WITNESS WHEREOF, the parties hereto have caused this _. endmnent to Agreement to Purchase Option to Purchase Real Property to be executed by their duly authorized partners, of`Lcers or trustees to be effective as of the day and year first at�)ve written. �:TDPE.;INSULA REGIONAL OPEN RANCHO DEL CIELO DISTRICT, A PUBLIC ASSOCIATES a California DISTRICT (BUYER) General Partnership, by: r P?ROVED AS TO FORM: ST NL-Y NORTON District � DAVID J. RUDE, Partner Counsel CCEPTED FOR RECOMMENDATION: PAUL W.. HOUGHTON, Partner, L . :R-AIG BRITTON, SR/WA Lard Acquisition Manager OUGLAS H. `MONSON, Partner r P%ROVED AND ACCEPTED: MIDPENINSULA REGIONAL OPEN SPICE DISTRICT, A PUBLIC � DISTRICT (BUYER) ROB ERT W. PARKHILL, Partner President, Board of Directors AT--EST: r Clerk of the Board of Directors L^=e 3 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AMENDMENT TO AGREE- MENT TO PURCHASE OPTIO' TO PURCHASE REAL PROPERTY (EXTENSION OF TIME FOR CLOSING) , 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 follo=.•;s : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Amendment to Agreement to Purchase Option to Pur- chase Real Property (Extension of Time for Closing) between Rancho Del Cielo Associates . a California partnership, and the Midpeninsula Recional Open Space District. a coov of which" is attached hereto and by reference made a Dart hereof , and authorizes the President or appropriate officers to execute the Amendment to Agreement on behalf of the District. Said Agreement amends that certain Agree- ment to Purchase Option to Purchase Real Property as accepted and approved by Resolution Number 86-41 , adopted on June 18 , 1986. Section Two. 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 necessary or appropriate to the closing of the transaction. h1 732•� c-. sri'l■tt7 vmil' ri =lie,,1— BM tv `.'` s= WUNDERLICH PARKS EL CORTE DE M4DERr^,"` A( mac.!; - •1 r ',�` OPTION PARCELS N. " —.-.:�.SKYLINEF BLVD.' 02 53`� .•=a.� ����+ �� - $� Lake J-. ��` \.✓�-a%'•� =� -/�� � -=T---' -_"�•'— {i 3.�`•i '•• '��.�� � _V. Lim!.�� ` n Lo:'t•:.ti: - '_ i ea$ Wate "�,�'. �' ppp°a�•\: ALL N ROAD f '`fo - • '��:� ! i i , O . ,■n Y it _ GIFT PARCEL a: S 3'I n�lal�•: .5= =; ; _ _,_f 4+ / tGAT'E (112 AC LEASE (UNDER LITIGATI LEASE AREAS ' ;.::: �.- •r 1 it - w!I'\_ '�,� - / -fir? '� � •••I� ! �'K�'f'v"F?f>. .��i +•`� � r' �' -PROPOSED ACQUI SITIO�Nl _r•G /•1 ■ (250 AC.) • }Si i�1Vsa te-�r S=��j*••;'lys; •.' sk x 1 25�t t r•, �23�J"'_�.., ' �- �--3•-.�— �,,,;_ '1 '1 � ` , € �y >� I � orCotad, T Ra•:1 ham: •• • , .� _ 4 •r.P 4 -�' {t "� ,t�\ I- w if r !p - I d. 777 J - - E r'ACE PRESET —�- _` '? I •�: r �, .:/. �' `••' �r 1 �� r� 1•�-'L�-J .. L ?l,' /=.L" r-_1 .--. ,I •n �'" �,•- _ � 'ii ice, , I "•, 1 I.wa. x'�` Yat* dhay. Sys $°aye 1` . W/ r ) _•.+% ".'Cam •a �+ryJJ!'tsiy_�r(.�r �\ e:_ mil, 4 't� I�'� 1' 'lJ _.-� �•jr' �.• ;3: cj EXHIBIT A - SITE MAP ,lV It PROPOSED ADDITION TO ` L ` LA HONDA CREEK OPEN SPACE PRESERVE R-86-73 A, AA. (Meeting 86-21 Sept. 10, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 3, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Public Notification Policies Recommendation: I recommend that you adopt the attached amendments to your Public-Notification Policies . Introduction: At your July 23 , 1986 meeting you considered a letter dated July 15 from Director Hanko regarding "Public Notification Policies. . . 1. neighbor notification of land acquisition, 2 . suggestions regarding elimination of preserve lists" (attached) . You also heard testimony and received a July 17 King' s Mountain Association resolution (attached) from Kathy Kennedy-Miller, President of the Association, in regard to this subject. The proposals discussed in Director Hanko' s letter were essentially as follows : (1) T.hat each owner of property that is contiguous to a parcel proposed for acquisition be notified when the proposal is first on the Board's agenda and that these neighbors be advised that they have the opportunity to be notified of future land use and management planning matters for the preserve in which the parcel would lie. Current policy is to notify after close of escrow unless the neigh- bor is already on the preserve mailing list, in which case the notification is done when the matter is first on the agenda. (2) That the requirement for mailing notice to a specific list of indi- viduals for each preserve concerning land use and management matters be replaced by an invitation at the time of the initial notification of each proposed acquisition to subscribe to the Board's agendas. The Board' s July 23 action was to approve in concept both proposals and to request staff to formulate language for consideration at your September 10 meeting reflecting your discussion, giving consideration, but not being bound by, the King' s Mountain Association resolution. The language was to include notification of owners contiguous to rights-of-way. Discussion: Attached is a mark-up of your current Public Notification Policies with the recommended changes shown by strike-outs and italics. You did not specify whether "rights-of-way" meant easements the Dis- trict might use for access to the property proposed for acquisition or those over the proposed District acquisition that others could use, or both. In view of the King's Mountain Association resolution and in keeping with what I believe was your intent, the proposed language includes notifica- tion to both groups. R-86-73 Page two In order to make the transition from preserve notification lists to agenda mailing lists, staff would be sending out letters this fall to persons on the preserve lists who weren't being informed as a result of a proposed acquisition, advising these people of the new system and inviting them to subscribe to the agenda mailings beginning in 1987. R-86-53 (Meeting 86-18 '���� July 23, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 15, 1986 To : Board of Directors From : Nonette Hanko Subject : Public Notification Policies. . .1. neighbor notification of land acquisition, 2. suggestions regarding elimination of preserve lists Dear Colleagues : As a result of the concerns expressed to us at our meeting of July 9 by neighbors of the former Dyer property, and by neighbors of other preserves over recent months , I would like to re-introduce an amendment to our Public Notification Policies procedure (see attached document #1, section l.b ). I am addressing this in my letter to you as item_1. Neighbor notification. A related issue was raised by our general manager and is addressed in a memorandum dated July 11 ( see attached ) which con- tains his own recommendations. I think his suggestions deserve the Board's consideration as a separate item, and so have responded to them in item 2.Suggestions recfardinq elimination of preserve lists. 1. Neighbor notification of land acquisition Present Board policy calls for notification of neighbors only after land is acquired by the District. This procedure overlooks both the Board's and neighbors' needs to communicate our mutual concerns. Once land is acquired by the District, present policy introduces the public and neighbors of land acquired into the planning process by -way-of neighborhood meetings , and/or office or field workshops, established either at staff discretion or by Board direction. In addition, final adoptions by the Board of use and management plans and reviews t F of such plans are delayed for the benefit of further public input. (see attached document #2 , section V ). I would like to suggest that the Board and staff would have a better sense of public and neighborhood interest in whether or not a workshop is needed in individual acquisitions, if our policies were amended to advise both the public and neighbors at the time the land is acquired. I July 15, 1986 page 2' N. Hanko Public Notification Therefore, I would like to make the following amendment Public Notification Policies 1. Land Acquisition 4-delete( After close of escrow for purchase of a parcel and before second reading of interim use and management plan, ) retain Noti- fication of owners of properties contiguous to parcel to advise of acquisition and of opportunity to be placed on mailing list for notifi- cation of preserve land use and management planning matters. A further refinement of the above language would include notification to neighbors sharing a private road that would access the parcel. And a further refinement regarding the mailing list brings us to item2:. 2. Suggestions regarding elimination of preserve lists After discussing some of Herb's ideas with Kings Mountain Association representative, Kathy Kennedy-Miller, I think the consol- idation of the special preserve lists is a good idea; even though the resulting new list of persons will be receiving more information than they originally asked for. The consolidated list of persons would be added to the list receiving our agendas regularly. A nominal charge to off-set cost of postage ( $5-$10 a year ) also seems reasonable. This new policy would help those persons who weren't sure which preserve list to sign up for, and also in the cases of acquisi- tion or planning for new preserves for which no list has yet been es- tablished. However, I believe that certain lists ( notably the Dog Committee ) should remain separate because of the special subject interest.There may be others ( non preserve ) that still need special treatment. Therefore , I'll recommend as follows The staff be directed to return to the Board with a plan for consolidation of special preserve lists and recommended treatment of othe r public notification is I. p cation lists. I 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM July ll, .1986 TO: Nonette Hanko, Director FROM: H. Grench, General Manager SUBJECT: Public Notification Procedures Here are my initial thoughts regarding possible changes in procedures. I plan to discuss the notification procedures with management staff again prior to the July 23 Board meeting to see if we might have any other sugges- tions. (1) Notification of neighbors to a site at the time the acquisition deci- sion is on the agenda -- We have been notifying persons on the list for the preserve that contains the proposed acquisition parcel at the time the acquisition decision is first on the Board's agenda and thereafter. The neighbors contiguous to the site are notified immediately after close of escrow and before the second reading of the Interim Use and Management Plan. When the policies were formu- lated by the Board, emphasis was placed on bringing the neighboring landowners and persons with a special interest into the planning process for the site. A second reading after close of escrow was added to the planning process before final Board approval of the Interim Use and Management Plan was given so that we could get more public input before final decisions were made on the Interim Plan. (2) Special preserve lists -- Staff maintains lists for each preserve of people who have asked to be notified of District site use planning for a particular area. In addition, there are lists for special tonics for a example, dogs There are currently 21 site lists and 9 special lists. Maintaining these lists has become an 'administra- iv 'administra- tive heada che the fo r staff. t Some of the problems are as follows : (a) persons who get . on one preserve list but don't get notified because the acquisition in which they are interested is in another preserve. (b) persons who sign up because of a certain issue and then keep getting mailings in which they are no longer interested. I had been about to implement a nominal $1 or $2 annual fee for being on a list in order to cull out the lists and• keep them current with truly interested parties, but I have held off be- cause public notification issues have been with us again. for the last year. (c) human error on staff's part arising from the complexity of the system. (d) since we do more notification by topic than. any public agency I know of, we are more subject to dissatisfaction when the system doesn' t work right. Public Notification Pi adures July ll , ' 1986 Page two (e) occasional difficulty in deciding whether the item is a site use planning matter. (f) the time it takes to do list mailings as an added item to agenda, minutes , and packet mailings. The solution I recommend that the Board consider is that we discontinue most special lists and simply suggest to people that they subscribe to the agendas (currently $10 a year) . It 'would be cost effective even to reduce this fee (which doesn't- cover total- costs now) if most of the lists could be eliminated.. Neighbors can be notified at the time of the first and/or second readings and informed that they can subscribe to the agendas g en s to keep abreast of activities. That way people can be informed of all agenda items and become involved in those in which they are sufficiently interested. - People may even become more generally involved in District issues and more often see their areas of concern in the context of the District's overall program. I a ✓'aces o �ooT��u 7-���� Cd VI-I i e- n� a- �3 w p ACC, U i s ri o r� Y J�1�/ (,t�' e s 1 f of 1��►.:i✓i 5tt -t^espow �� b)e >vo iY , C�}i_iow )roced V �o_ ejo - -- —t� l � 1►n e�`es�e� two __H d� /4cPvL+ -ore oujvAe��s Y"ln�a Liocs. - C� lr2 `,cY Pe".%^sA+- a1 517`r~tcq_ 1 /vo t 'CiCA,T7v4v '5 'PL .I 4jq-1ee. p)f+ce __ )o J41s r; OP fo 4L V's, ftlll)�c Seas�ow� i.S Lu.S 3.t o AJ f o pose ©r + — --- C to 5e d se Ss;o vo-{e_ -�O . 4cctqfo f -- - - 4 e 5 Gro w . s 5 L41) � e u 5 v rc-- 'VA44- i Vt �e tr&5 Ct f4,r -ria5 e rk f-- . 4o 6, A r eA 4-5 �-v av-(A voice- 01niDVJ5 , �, e✓`es ec� a\A-e� 6a jAc ►,,�{- �'r�,;�e� , Ow►�►� ��'©�E=r owner-�s w►it:i n _ 20 oo 4e--r _ . o-� bOLL ✓tJjA 2&s ot, ro to '-s e ACcaui 5i f foN ) owvlev,`s ;`glOvv4 pr pro oo50-C) /3CGe5S �'oAj 1 ) a I J -- - OLL)Oev-S _ (,t�hU 5CG /4GGC�SS %Oc-s ti li.l�� OL ��8�65� J A cq V►5 r +( 4�1 Qv�c�. A w p v� C..J o ^� V S Zte Cy ti d T " SCR bru � CL • � VLF vi _ vi Re,sr�ow +U YQ car' i D R A F T MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Public Notification Policies Adopted By Board of Directors August 26 , 1981 Amended September 14, 1983 Ili 1. Land Acquisition a) Notification of owner or representative (method as deemed appro- priate by staff for particular negotiation) . b) Afrter-c-1-03e-of-escrow-f crid lile-ftr-e t±st-f or-not±f icat±nn-of-pre-ser"-iand-,ase-and-mana"ment Notijication* to own eu oJ tandS contiguou,6 to the pup eAty being acquixed, tands contiguou,6 to the main acc",6 toad** to the prop being acquited (unP_az the main acca.6 uad i,6 a pubticaUy maintained toad) , and tand,6 where the owneu' main, px&ate acc".6 toad" undeA a tecoAded ea6ement pa6sez through the p"pexty being acquixed. c) Agenda Notice*** - mailed to press and Persons and organiza- tions**** that subscribe to agendas ($5 $ 10 per year 198+6) . d) In some cases, press releases are also sent in advance of meeting, as deemed appropriate by staff (or ordered by Board) . e) Posting of notice on District office door prior to meeting. Notification"* to Clerk of a city, or county if no city, within whose jurisdiction the land is located. *Notijication timing a6 got agenda noti ' e4 ce but can be detayed by Gen eAat untit the PuAch"e contAact Jo& the p4ope peaty being acquiAed has been the .6 etteA. y **Porting of notice on the acce.6.6 toad may be SubAtituted JoA mailed notice ij additionaZ titZe taeoAch Z6 necezzaAy to determine owneu o6 tecoAded accus eazement6 of ij it " imp4acticat to mait not ice,6. ***Notice: Mailing by 5 :30 P.M. five days in advance of a meeting (Friday before a Wednesday meeting) , but shorter notice for a Special Meeting is allowed as provided by law and the District' s Rules of Procedure. The Board shall note in the minutes of the Special Meeting the reason shorter notice was required. ****Staff to contact known neighborhood associations annually to ad- vise that they can subscribe to District' s agendas for an estab- lished fee. NOTE: The provision for the giving of notice under these procedures shall be directory only, and the failure to give such notice in any particular instance shall not affect the validity of action taken. Public Notificat Policies Page two 2. Condemnation a) At least fifteen day formal notification of owner to allow for written response as provided by State law. b) Notice* - mailed to press , and persons and organizations" that subscribe to agendas ($5 $ 10per year 19816) . c) In some cases, press releases are also sent in advance of meeting as deemed appropriate by staff (or ordered by Board) . d) Posting of notice on District office door prior to meeting. e) Notification* of owners of contiguous property. f) Notification* to Clerk of a city, or county if no city, within whose jurisdiction the land is located. g) Public hearing as required by State law and District pro- cedures. ,*Notice: Mailing by 5 : 30 P.M. eight days in advance of a meeting (Tuesday of a week before a Wednesday meeting) , with the General Manager having authority to delay mailing of notice until not later than 5: 30 P.M. five days before the meeting if the General Manager determines that giving longer notice would be detri- mental to negotiations with the land owner. **Staff to contact known neighborhood associations annually to advise that they can subscribe to District' s agendas for an established fee. NOTE: The provision for the giving of notice under these proce- dures shall he directory only, and the failure to give such notice in any particular instance shall not affect the validity of action taken. Public Notificat. Policies Page three 3. Grant Applications for Land Acquisitions and Amendments Covering Additions to -Applications a) In the case where a specific property ownership is identi- fied in the report* , the mailing to that owner by 5 : 30 P.M. fifteen days before the meeting, with the General Manager having authority to delay mailing of notice until not later than 5 : 30 P.M. five days before the meeting if the General Manager determines that giving longer notice would be detri- mental to negotiations with the landowner or is necessary because of grant deadline, or shorter notice than five days if General Manager determines that this is necessary to meet timing requirements for grants, and if owner has actual notice and opportunity to appear before the Board at the meeting. b) Agenda Notice** - mailed to press, and persons and organi- zations*** that subscribe to agendas ($5 $ 10 per year 198-16) c) In some cases, press releases are also sent in advance of meeting, as deemed appropriate by staff (or ordered by Board) . d) Posting of notice on District office door prior to meeting. e) Notification" to Clerk of a city, or county if no city, within whose jurisdiction the land is located. *ExOept those situations where the specific property has pre- viously come to Board attention in public session and 1) a resolution for a grant application was adopted and there was no owner objection, or 2) a resolution for a grant application was adopted and as a result, the District received the requested grant, or 3) a resolution of public necessity has been adopted. "Notice: Mailing by 5 .-30 P.M. five days in advance of a meeting (Friday before a Wednesday meeting) , but shorter notice for a Special Meeting is allowed as provided by law and the ,District' s Rules of Procedure. The Board shall note in the minutes of the Special Meeting the reason shorter notice was required. ***Staff to contact known neighborhood associations annually to advise that they can subscribe to District' s agendas for an established fee. NOTE: The provision for the giving of notice under these proce- dures shall be directory only, and the failure to give such notice in any particular instance shall not affect the validity of action taken. Public Notification Policies Page four 4. Land Use Planning a) Notification* of persons and Jorganizations7-e5wne�e-e-f-centi:gtiette preperty7-and-ethers} who have requested notification regarding a particular 94:tev speciat topic Gott which the BoaAd has decided a meriting Zi6t .6houtd be kept. b) Agenda Notice* - mailed to press , and persons and organiza- tions** that subscribe to agendas ($5 $10 per year 198+6) . c) In some cases, press releases are also sent in advance of meeting, as deemed appropriate by staff (or ordered by Board) . d) Posting of notice on District office door prior to meeting. e) Notification* to Clerk of a city, or county if no city, within whose jurisdiction the land is located. f) Posting on site, as deemed useful by staff. *Notice: Mailing by 5 :30 P.M. five days in advance of a meeting (Friday before a Wednesday meeting) , but shorter notice for a Special Meeting is allowed as provided by law and the District' s Rules of Procedure. The Board shall note in the minutes of the Special Meeting the reason shorter notice was required. **Staff to contact known neighborhood associations annually to ad- vise that they can subscribe to District' s agendas for an established fee. NOTE : A44 Each InteAim Use and Management Pplans included in an acqui- sition report that. be ptaced on the agenda jot Jinat apptovat �ottowing ctoze o6 uctow. Other We and Management Ptan-s and Ptan teviem and any other land use actions or reviews (except for hazards or other emergencies) shall be placed on the next regular agenda for final approval, but staff may request a delay, otdinatity at the time the aet4:en mattet is first heard. NOTE: The provision for the giving of notice under these procedures shall be directory only, and the failure to give such notice in any particular instance shall not affect the validity of action taken. WRITTEN COMMUNICATION RESPONSE ACTI0N PROPOSED BY STAFF Meeting 86-21 Board President Acknowledge/Respond Sept. 10, 1986 Director Acknowledge/Respond _j-staff Acknowledge/Respond Draft Response Attached Harry H. Haeussler, Jr. Staff to be Directed to Prepare Draft 1094 Highland Circle Response for Board Consideration per Los Altos , CA 94022 Board Directive(s) Other August 28, 1986 Board of Directors Midpeninsula Regional Open Space District 201 San Antonio Circle Mountain View, CA 94040 Having had to move my horses to Woodside for stabling, I have been doing considerable riding in San Mateo County Parks . During this time I have noted the San Mateo County Park rangers using a ROKON Motor Bike . It is used to transport a ranger and tools to remote areas for maintenance of trails and other work. The use of these ROKON motor bikes saves considerable time in getting to and from the work area, thus allowing much more time for work at the jobsite . It is also useful as a reconnaisance and patrol vehicle, allowing considerable more coverage in a limited time . I strongly recommend the purchase of at least two (2) of these ROKON motor bikes for use by your staff in the field . / I Harry Haeussler, Jr. I V rTEN COMMUNICATION Meeting 86-21 Sept. 10 , 1986 o ne p onz e nee nzezz Ditectot wizhU lo attend] .. �� WORKSHOP 13 SEPTEMBER 1986 PARK AND RECREATION SAN FRANCISCO STATE COMMISSIONERS' AND PROGRAM BOARD MEMBERS' COUNCIL 800-8 00 CONTINENTAL BREAKFAST-PACIFICA PARKS BEACH do RECREATION COMMISSION 9s00-9-25 GENERAL SESSION WELCOME-JEAN JOHNSTON, PRESIDENT, BAPRCBMC. DR. BILL MICHAELIS, PACIFICA PB&R COMMISSION, PROFESSOR RECREATION & LEISURE STUDIES, SAN FRANCISCO STATE UNIVERSITY. gs30-10%45 SESSION I GINNY JAQUITH, RECREATION CONSULTANT, A FORMER DIRECTOR OF RECREATION, PACIFICA, FORMER MAYOR OF PACIFICA. .Making Meetings Productivelncluding Goal Setting & Establishing Good Relationships With Staff." 10s45-1100 ,BREAK 11s0O-11s10 LEGISLATIVE UPDATE, JOHN O'DONNELL, DIRECTOR EAST BAY PARK DISTRICT. 11s1O-12s15 SESSION II, MOCK MEETINGLEADERs FRANCES KROMMENHOCK, CALIFORNIA ASSOCIATION PARKS R"•ECREATION COMMISSION do BAORD MEMBER, PRESIDENT 5Isort Drama of a Meeting Showing Success do Pitfalls and the Usual Cast of Characters. 1200-1 00 SCRUMPTIOUS LUNCH- SEVEN HILLS CENTER, SAN FRANCISCO STATE 2tOO-2tl5 SESSION III "WHAT IS CALIFORNIA PARKS & RECREATION SOCIETY." FRANCES KROMMENHOCK 2s15--2t20 '`BETTER COMMUNICATIONS", JEAN JOHNSTON 2120-3s10 NEW MEMBERS SESSION EXPERIENCED MEMBERS SESSION LEADERS DAVID NIGEL, SAN BRUNO COMMISSIONER LEADER: 3s10-4sOO SESSION IV RAY MURRAY, NATIONAL PARK SERVICE "Making A Case For Recreation" (Valuable Information For Promoting Parks & Recreation At Al 1 Levels). 4s0O SNACKS do SHARING IDEAS PLEASE HAND IN YOUR EVALUATIONS I B.A.P.R.G,F,;•;,C, .w LA. For A.1.1. rt,.:Xu • ., .:. "` ,...• t I PUrtri:xs, <<c A11 Intc:rt. sj,.wd Parties. PARK r\Ni1 R1"--.Cf;:EAT'10r4 coil"ItMI-SSIO EIRS, \1\1;u Ht�STt atr Fxr nt ict:; St4."tle University, BOARD MEAABERS" COUNC IL Recreation & Loisuro S Vtdies, SATURD;Y, 13 s .}. Fc 1936 8100 A.M. CONTINENTAL B RAKIQASOT R�GzsTR�T:iOlT Sessions will be for the novices to experienced person, on goal setting, legislation up 4&t,e, objectives (short & long rang3). . NOON SCRUXIPTIOUS LUN-CH BRINGi HarAbooka, G .ft Catatlogs, MinuttsG, Agendas, Annw-1 Reports for our "IDEA SHARING", KEY NOTE SPF.Al,Tat RAY MURRAY, U.S. NATIONAL PARK SERVICE. 400 P.M. SNACKS- .hrMORUMG & SHARING OF JDR S. ANY EXCESS MOI.MY WILL BE U= IN OUR SCHOLARSHIP PROGRAM (DIRECTLY HELPIY.G oTLMEJ4TS IN Rr-MREATION) SEND US YOUR IDEAS, QUESTIONS. ETC... AS OUR COAL IS TO MAKE THIS WORKSHOP,. . - MWINGFUL AND USEFUL i'0 ALL PARTICIpATENTS. NAB ADDRESS CITY ZIP H. PHONE(—) BUSINESS PHON4 - AGENCY. AGENCY FHOKS( $20.00 REGIS`TRATIONs POSTMARKED BEFORE 1 SEPTEMBER AFTER 1 - SFS;PT'bt 'i2iE.P: FT�ks IS $�?.� MA r.4 CHI KS PAYAf31.E `0 1 >,APR;;3MC IDSASe RETURN TO r JEAN J0HN9TG?1, F.O. BOX =1, PACIFIC.-A. CA 94044 INF'ORHA1710N (415) 355-2255 I I �'�, �'-t�.,. } `•�li � � , 'r'i•i +� Q>� rj� @ �ti�+, r •:€ft,,��'"e.°f, ,''� ' �� �:. ti 4 8 c "V4, � ' � "��'�%�' ° t��n•• ,.�� � 'j��F O M�TH T�� AS r � �!5'.�j aaK.•-a�fy�".�o+:'�"l�a� :.a. �n•. .,v.,- - "�, !' ,�� �1� rp�lre ��q!1yy1te'$04 ,rospthe..0~ I d= ay L'r� ..o'U} �J.P."' k.•�� �F .'lE+'IjV .in'• ` r T-. ,;�.r �5��`'^F {O�lYk� " f � '1�i�1. �S:�T Route �O�tow rd �1. t T 9 t e r nrto G s�»'`' �+. �� Sid Via.��1y}fir ra; ' + 'r N r' f amore Boulev�-r ;Brot er o a• to'' e o Ser a Soule ar. .-' t�•f3.�`'"t�Gr,'?. `` ��' + �.� ,�. .� � o '•a a dun pe o.Serr t � o o dl ova t : Go de „Gaej a k - k ti . � t80�,norzero,Serrac;Bo'u�ie �s ;� .:fir •a YY o. o owayAvenu urr2eBut t -S•..,{ } > �� x• rZ-.• r nT :, ,� w: ,.k BLICTRANSP..OR_TATION: 4 : y , .�r 3'„ A ., ?, tiii' •3 � `�✓YC���„ 4: m�' ,�`' 4y •p. ia- f. �p ,.lg ,i �' -� Zv'fA �•..: �. i y3s`i _ rl. i= '*M;v�• '^, , o .:., �:,. ;, ake MU.Nik irie p :,rp Y�'•..�C.�"• i• 3- ti. ., - f �X 4^ ':fir !�1 ?r•. ,�,.,�,c. r. .'•�tW;; ,_ ,.,. .w �.� ..�.F-•: �++t .�`"' ��' r..... r ....:,'� :'. •:.:`. �' .:.. i"e� -rn��' �i:�t., �ti:.T�,.s•.:, i n�.d.�,l �_�-, .a_.'•,r •t '�:.K'StI,:=r... {. )� -t� �r. .� -�' ;Downtown'Area �.: b. p 3 "� 7�-SEX eSS{ M CtreetEar I. pr, . `fa .,.,.3. , +v+R:,.:� � .�'� �{'' �,�h ,��"` Y 3�,, ` �;� 2fr 'V=a c• � ,� ;»w�,�r,�;; �+���a fi h ' ,' � s ' • �_ i st0�e`sN wr: s' k � (vUrina District. .. . ;�?.J�: .r!s, 28 t rl "r rr �, :;a�t• ;,,, j ,OC r•4_ r SFRiccmond District C , �: , :;ri,��, r ;,. ��: �•� m > �. hmond J ^U r',: U `d Sunset District. y,, .;,. �8:-,19ttr Avenue r .. � . E A VEN UE >+, The Rresid_io. . -. ,►a"' ,4. 'Sunset 2w H ,h •a�R.�-t �- eW t y Inner Mission .. . . . r :`K;;„ � �.: #26'-.Valencia a"y( j � _ 0Uter Mission . . :. ' #29 -:Sunset s DALY CITY Lu � ,: tit ,(Geneva & Mission). v BART P�EMPN v �r y3 ' a N ry f yr'4at.xF+ Bayview . . a<� #48 - QUintara h ? �" (Transfer at West Portalrto#17 - Parkmerced) r;r ;4 Ftz West Portal . . .. .#17 - Parkmerced "Ct. � ± Daly City BART Station . .. . . . . . . .. . . . . .. .. .. .. . #28 - 19th Avenue 1 -For further information on public,transportation;call: ' San Francisco MUNI . .. . . 673-MUNI 280 Bay Area Rapid Transit (BART): . . . . . . . .465-BART 1 ` International Golden Gate Transit . .. .. ... . .. .. . 453-2100 380 Airport San Mateo County Transit (SAMTRANS).. . ... : 34878858 Alameda Contra Costa County Transit . 653-3535 i 1 2 3 4 g� 6 7 8 9 10 11 12 13 �� to Sutro Ubrar�•+.i \ yhnston Drives '\ K \ SAN FRANCISCO STATE UNIVERSITY ` \ Campus Map 15 •\ PARKING INFORMATION Nora \ Information and official guest parking permits: Public Safety, Mod I Visitor and student parking: ($1.00 per entry,quarters only) .� DAILY—M-F, Lot 20 S % \ EVENINGS—M-F,3:30 p.m.to 7:00 a.m.— Lots 6&7 \ M-F,5:00 p.m.to 7:00 a.m. —Lots t h / WEEKENDS— Parking available in all lots free of char Ticket dispensers located in Lots 1,4,6.7 8 20. Tickets purchased for Lot 20 valid in Lot 20 only. % / •\_ + Handball Courts ` / Maloney Field I O� 0 20 �a� ' Cox Stadium m v��\ Soo ---- l Chi! rh Stare G Ce nro C SD/V e e� �.8� V F. Hale G e L _ 6 Stephenson Field C�nler Hr//s b M it -- •\ � I * I ' ` * Residence ..•• - * �•. \` Dining Student * * i F \ . Health C n -- \ Traders Corp Yard Compass nsr3� * I P E Parkmerced \1f8� •—•—•---•---•— KEY �O Public Safety—h Adinnusuatron(ADM)..13C; 11 x • . * * I Arts and Industry(AI)..D 7 I p Bookstore..........—D 9 ' ' Business(BUS)........Co 11 0� I Child Care Center .....G 3 I '80 Cox Stadium .... .....H 8.9.10 I * °kstOre * I rn Creative Arts(CA) .....BC 7.8 Education(ED) ........E.7 " Gynasium ...........F 9.10 i slryClub m CHealth Center .........F 7 Hensill Hall............FG 10.11 PARKIN Creilti,e * • j A"ts Parkmerced -I Humanities(HUM) CD/12 � Library ................BC/9.10 FI Parking Garage........GH/5.6 Lot 1 ....B/11 Psychology............Fi8 Lot 2 ....B.'12 n w clsca * J2�` Theatre • Public Safety ..........E/6 Lot 3 ....B:10 I k B/d9 BResidence Drmng......F/3A Lot 4 ....B/8 --•—•—•—•—•—•--�4------------------_•—•----------- B Residence Halls .......FGH/2.3 Lot 6 ....D./7 Holloway Avenue Science(S)............E/11.12 Lot 7 ....CD/5 n Seven HMIs Center.....FG/3 Lot 8 ....E/3 ^� m Sutro Library, Lot 10...G/7,8 Y RX t Parkmerced D 480 Winston Drive ...K/5 Lot 15...JK/3.4 �'� m A Thornton Hall .........FG/10,11 Lot 20...GH/2,3,4 //.�� lr1Y/1 REVISED198 University Club ........C/9 'Entrance for Physically Disabled �� l.(�' t Burr,teas A 1 2 3 4 5 6 7 8 9 10 11 12 13 WRITTEN COMNgJNICATION RESPONSE ACTION PRO' BY STAFF Meeting 86-21 Board President Ack ige/Respond Sept. 10, 1986 _ Director Acknowledge/Respond crn-�,,`QUId C Staff Acknowledge/Respond oU .�>/�. �OHlI2� .�•Draft Response Attached 721 ENSIGN WAY Staff to be Directed to Prepare Draft PALO ALTO, CALIFORNIA 94303 Response for Board Consideration per Board Directive(s) Other WRI= C01,M ICATION f Meeting 86-21 g8 Sept. 10, 1986 — RESPONSE ACTION PROPOSED B1 Sj:\ � � � — Board President Acknowledge/Pe;?on3 AX, CDirector Acknowledge/Respond jf Staff Acknowledge/Respond Draft Response Attached 1 _ Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other 12-e X, Av Gam//��Z�(�G Q',�I/�.. �!J%✓�'u'!_ _ _ ,/G�fy y_/�/%� � V ` r �a�2-- RESPONSE ACTION PROPOSED BY STAFF _ Board President Acknowledge/Respond _ Director Acknowledge/Respond --,'Staff /Staff Acknowledge/Respond _ Draft Response Attached _ Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other _ WRIT TEN COMMUNICATION Meeting 86-21 Sept 10, 1986,-Alts. AFvzd1 X. t4fiEmsntson JD. (9. Y3ox 7585 I—Anto JDalck, Cali f omia 94025 'RUSS I aaa :a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: September 10 , 1986 i I I i :r;s 0'�,;mnwmc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 September 2, 1986 Craig Johnson 26 Sneckner Court 2,Ienlo Park, CA 94025 Dear Mr. Johnson: Thank you for your recent letter to Director Katherine Duffy of the '4idpeninsula Regional Open Space District. The District Board con- sidered your letter at its August 27 meeting. The property about which you wrote, the Peter's Russian Ridge land, is considered by many to be one of the most important open space properties in the midpeninsula area. On September 10 , 1986 , the Board of Directors will consider approval of the purchase for this 519 acre area addi- tion to the Russian Ridge Open Space Preserve. Provided that the purchase contracts are approved and escrow is closed accordingly, his will result in the culmination of over five years of effort on the part of our land acquisition staff. I hope you are able to attend the September 10 Board meeting and express your thoughts. Your letter, of course, will be made a part of the record. On the other matter you mentioned, the Spring Ridge or the "Aries" property directly below Windy Hill , is certainly an extremely impor- 'ant open space area. The Peninsula Open Space Trust (POST) has been actively working on this project for the past several years. Because of the expected substantial costl the final outcome may include some development of the property in the lower elevations, and there is a high probability that a fund raising campaign will have to be mounted to complete the purchase. I have taken the liberty of forwarding your letter to POST, as they need support for their projects and would like to know of nublic interest in their projects. You may also contact them directly if you like. I have enclosed their most recent news- letter for your information. Sincerely, Herbert Grench HG:cac General Manager Enclosure cc: MROSD Board of Directors V" R. R. Augsburger, Executive Director, POST .,er4, G,e---,Gcmeraf Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin cEp 8 BROBECK. PHLEGER & HARRISON SAN FRANCISCO CmCE ATTORNEYS AT LAW LOS ANGELES OFFICE SPEAR STREET TOWER TWO EMBARCADERO PLACE 444 SOUTH FLOWER STREET ONE MARKET PLAZA '.. 2200 GENG ROAD LOS ANGELES,CALIFORNIA 90017 SAN FRANCISCO.CALIFORNIA 9a105 - t2131 489-4060 lass 442-0900 PALO ALTO, CALIFORNIA 94303 FACSIMILE: 1415)496-2885 TELEX:WUt 6771160 BPH UW. WUD 34228 BPH SFO CABLE AOORESS: BROSECK TELEPHONE: 14151 424-0160 August 26, 1986 Mr. Craig L. Britton MidPeninsula Regional Open Space District 375 Distel Circle Los Altos, California 94022 Re: Patricia Scarlett - Rights In Allen Road; San Mateo Superior Court Action No 295184 Dear Craig: Confirming our several conversations, when the District agreed to buy the Dyer ranch, the Dyers had on file in the i above litigation a verified pleading claiming that they owned i a 50 ' easement over Allen Road to Bear Gulch Road. Patricia Scarlett, over whose property Allen Road crosses for some 676 feet, claims that the Dyers own only a 20' easement by prescription. Judge Peter Anello, on July 3 , 1986, rendered the enclosed Arbitratio n Award whic h will shortly artl be entered as a judgment; you will note that Judge Anello upholds Ms. Scarlett' s view. The Dyers' use has never involved an average of more than one vehicle per day. While reasonably expanded residential use may be made of the Dyer ranch under BROBECK, PHLEGER a HARRISON Mr. Craig Britton August 26 , 1986 2. Hill v. Allen, 259 C.A. 2d 470 (1968) , it is my belief that substantially increased public recreational use would re- quire the District to purchase such right from Ms. Scarlett and perhaps other landowners as well. The previous limited use has been a major factor in the privacy, and thus the value, of Ms. Scarlett' s property. Ms. Scarlett therefore must respectfully register her objection to the use of Allen Road for any public use of Allen Road which would burden the easement to a greater ex- tent than under the limited use made by the Dyers. Sincerely, Paul N. McCloskey, Jr. PNMcC: skw cc: Ms. Patricia Scarlett Mark Greenberg, Esq. SFp LAW OFFICES OF 10 J 986 MARL H. GREENBERG Attorney at Law September 5, 1986 Craig L. Britton MidPeninsula Regional Open Space District 375 Distel Circle Los Altos , CA 94022 RE: Robert & Carol U ton - Ri hts in Allen Road San Mateo Superior ourt Action No. Dear Mr. Britton: I represent Robert and Carol Upton, owners of property located at 245 Allen Road in Woodside, San Mateo County, California. I have received and reviewed a copy of the August 26 , 1986 letter to you from Paul N. McCloskey, Jr. regarding the rights of his client, Patricia Scarlett with respect to her property along Allen Road. The purpose of this letter is to advise you that my clients were also prevailing parties in the above-referenced Superior Court action and that the Court in that case has concluded that the Dyers are only entitled to a 20' easement for residential use along Allen Road, a private road. It is my understanding that the District intends to use Allen Road as its primary access route for use of the soon- to-be-acquired Dyer Ranch as a public park. It is my understanding that the District believes that it will have a right to allow permit groups , consisting of several hundred people, to pass along Allen Road to use the public park located on the former Dyer Ranch. This is to advise you that my clients will resist any such proposed use, and that it is my opinion that any such proposed use will constitute a significant change in the historic use of Allen Road, giving rise to a right to recovery of damages by my clients , together with a right to obtain compensation for this change in use. 1928 Lombard Street•San Francisco, California 94123.415/507-51 10 I I September S, 1986 Page 2 Rather than get involved in costly litigation, it is my client ' s hope that by advising the District in advance of the problems which will be created by such a proposed use, the District will consider other alternative access routes to the Dyer Ranch property. I will be glad to be of assistance to you in that review process , and if you have any questions or desire any additional information, please feel free to call . Very truly your rc H. Greenber g cc : Robert & Carol Upton, Paul N. McCloskey, Jr. , Esq. I � I ,MIDPENINSULA REGIONAL OPEN SPACE DISTRI CT TO: Bo ard Of Directors FROM: H. Grench, General Manager SUBJECT: F.y.I. DATE: Sept. 3, 1986 i j CAPITOL OFFICE COMMITTEES STATE CAPITOL SACRAMENTO.CA 95814 CHAIRMAN 1916!445-7632 NATURALRESOURCES MEMBER DISTRICT OFFICE CONSUMER PROTECTION 785 CASTRO STREET ENVIRONMENTAL SAFETY& SUITE C • ♦ TOXIC MATERIALS POLICY RESEARCH MOUNTAIN VIEW.CA 94041 REVENUE&TAXATION (415)961-6031 It i orn t` iv t � i� UTILITIES&COMMERCE ADMINISTRATIVE ASSISTANT SUBCOMMITTEE ON TIMBER BETSY BLAIS SHOTWE LL BYRON D. SHER JOINT COMMITTEE ON THE ARTS ' ASSEMBLYMAN.TWENTY-FIRST DISTRICT JOINT COMMITTEE ON ICI PRISON CONSTRUCTION& OPERATIONS August 15, 1986 Mr. Peter Grennel, Executive Officer State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 Dear Mr. Grennel, The purpose of this letter is to bring to your attention a request that has been made by the Midpeninsula Regional Open Space District, the San Mateo County Parks and Recreation Division, in regard to a $495, 000 grant for the acquisition and development of the Baylands Trail in the City of East Palo Alto. I strongly support their proposed grant application project to acquire bayfront acreage. This acquisition would provide much needed recreational land for the ever increasing Bay popul ation. With this trail, some of the last remaining public bay-front shoreline would be made accessible for walkers, bicyclists, and all who gain pleasure from the San Francisco Bay shoreline. I request that you give this matter your approval for the proposed use of a state coastal conservancy grant in East Palo Alto. j Thank you very much for your consideration of the project. S ' cerel I Y, III Byron D. Sher Assemblyman 21st District BDS/mlb 1 i I U MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 September 2 , 1986 Planning Commission Department of Planning and Development office of Planning, County of Santa Clara County Government Center, East Wing 70 West Hedding Street San Jose, CA 95110 Dear Commissioners: The following comments are offered in response to your staff 's report regarding an application for use permit for a stable operation at 12100 Stevens Canyon Road, Cupertino, (file 2353-16-62-80P-83P-83A- 85P) . The District currently owns over 3,000 acres of open space which is accessible from the stable site and utilized by the local equestrians. The equestrian use of the public land is encouraged and stable facili- ties adjacent to these lands are generally supported when, as in this case, impacts can be mitigated. The District also agrees with the statements regarding the need for such facilities and has conducted sur- veys of local stables and equestrians that justify these needs. The area of concern we would like to expand upon pertains to the drain- age problems which are addressed on pages 91-9J. As a result of this project being constructed on or near an existing drainage system, the unusually heavy winter rains incurred last winter evidentally caused damage to the facility. The stable operator immediately informed District staff that there was a roadside drainage system along Monte Bello Road, above the Preserve 's winery, which, in his opinion, was responsible for the excessive runoff through his facility, It is unfortunate that, if this is correct, it was not called to the County's or our attention prior to issuance of a use permit had the normal legal process been followed. In response to the stable operator 's complaint, District staff met with County Transportation staff to investigate the problem. It was deter- mined that, most probably, the previous owner of the District 's property had at one time over 30 to 40 years ago constructed a roadside drainage system and flume designed to divert only extreme roadside and hillside run-off away from the normal drainage course which ultimately passes through the stable site. This diversion ditch instead carried the water Herteri A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw.Richard&Bishop—Edward--G.—Shelley,HarnLA-TAgnei-JliniftL4-Mte�-- Planning Commission September 2 , 1986 Page Two adjacent to Monte Bello Road for a distance of 800 feet to a culvert passing under said road and into Swiss Creek. It appeared to both County and District staff that the flume and ditch had been abandoned many years prior to the District's acquisition of the property in 1976 . It was not clear, during our investigation, whose responsibility, if anyone 's, it is to reinstate the historical drainage system, but County Transportation agreed to research the problem further. This drainage system still remains a topic of discussion between our two agencies as it now relates to a larger scale project, that being the proposed realignment of Monte Bello Road. It is , therefore, our position that the potential threat the drainage system may pose to the stable, as a result of that stable being construc- ted in the vicinity of the drainage, be adequately addressed and mitigated prior to the issuance of the use permit. This action will hopefully avoid any further conflicts between the stable owner, County Transportation and the District. Please contact David Hansen, District Land Manager, or Del Woods, District Planner, if you desire further information or clarification on this matter. Sincerely, Herbert Grench General Manager HG/DW:ds cc: Diane McKenna Supervisor Allen Jones Santa Clara County Transportation Agency MROSD Board of Directors Department of Planning and Development Office of Planning A �9 County Government Center,East Wing County of Santa Clara 70 West Hedding Street San Jose,California 95110 California (408)299-2521 STAFF REPORT P/C Meeting: September 4, 1986 Prepared by: Renee' de Bord-Ballek Reviewed by: Robert L. Sturdivant r FILE: 1253-16-62-80P-83P-83A-85P APPLICANT:_ David Voss (Applicant/Property Owner), Herbert operator)Re nart (Stable - ) q LOCATION: Stevens Creek Quarry property, off of Montebello Road, near Stevens Canyon Road ADDRESS: 12100 Stevens Canyon Road, Cupertino ZONING: HS GP DESIGNATION: Hillside LOT SIZE: 82.6 + acres PRESENT LAND USE: Stables, Quarry and Antenna Site SUPERVISORIAL DISTRICT: 5 PROJECT DETAILS: The project is located on Stevens Creek Quarry property of which approximately 3 acres is being used for the horse boarding and training project and is situated near the southwestern boundary of the quarry. Access to the site is from Montebello Road just west of the intersection of Stevens Canyon and Montebello Roads. Stevens Creek Reservoir is located approximately one-half mile east of the project site. In actuality there are two stable operations on Stevens Creek Quarry property. Stable Site No. 1 is discussed below in the -- Background Section. Stable Site No. 2 is the subject of the use permit application being considered. Stable Site No. 2 consists of several structures: a + 12,000 square foot covered arena; a + 6,375 square'�foot 28 stall barn; a + 800 square foot tack room; an office (trailer); and a grain shed. In addition there are two sets of pipe corrals (total of 11 corrals), a circular training ring and two paddock/corral areas. The operator is requesting that his use permit be for 42 horses at Site No. 2. The purpose of this stable is to provide training and boarding for show horses. No rental of horses to the general public occurs at the site. ACTION ON ENVIRONMENTAL ASSESSMENT AND PROJECT: 1 . Approve a Negative Declaration for the project provided that 'an enforceable commitment from the applicant to mitigate adverse impacts can be obtained. An Equal Opportunity Employer ACTION ON ENVIRONMENTAL ASSESSMENT AND PROJECT: (Continued) 2. Adopt an intent to grant a Use Permit (Staff recommends the Use Permit limit the number of horses to 28) renewable in five years, and continue this hearing until December 4, 1986. 3. Apply for and receive Architectural and Site Approval (ASA), prior to the continued hearing. 4. Prepare and submit a geologic report with the application for ASA. 5. Either modify the Use Permit application to include the use of Parcel B or discontinue the use of Parcel B. FINDINGS SUPPORTING RECOMMENDATION: 1 . The horse training and boarding operation, identified as Stable Site No. 2 could potentially have a significant effect on the environment. The impacts can be reduced to less than significant levels if the project incorporates the recommended mitigation measures and conditions discussed in the Environmental Assessment. 2. Staff recommendation for a maximum of 28 horses for the project is based on the following: o Environmental Health's reluctance to approve 3 chemical toilets for 42 horses. 4 o The site's unsuitability for a septic system. o The barn is designed to house 28 horses. — o A maximum of 28 horses would require the removal of the horses kept outside in the pipe corrals and paddocks, resulting in a decreased potential for erosion of the steep site. 3. The geologic report is needed to address the impacts of the substantial grading (which occurred without permit) in light of recent slope failures in proximity to the project. 4. The intent to rg. ant is to ensure adequate conditioning of this project by ASA. 5. The Central Permit Office is requiring modification of the Use Permit application so that all parcels used by the project have a Use Permit on record. 6. The project, as conditioned, is in conformance with the County General Plana 7. The project, as conditioned, is in compliance with the specific findings required by Section 14-4.1 of the Zoning Ordinance, as detailed in the Environmental Assessment. �A 2 8. The project, as conditioned, meets the general findings of Section 47-8 (Use Permits): a. The proposed use of the property is essential or desirable to the public convenience or welfare. The project is fulfilling a County wide need for horse training and boarding operations. b. The proposed use will not impair the integrity and character of the zoning district. The project's ability to conform to the applicable zoning ordinances is discussed in the Environmental Assessment. C. The proposed use would not be detrimental to public health, safety or general welfare provided the project can meet the conditions imposed upon it. d. The proposed use of the property is in harmony with the various elements or objectives of the general plan and the purposes of this ordinance. The project will be a compatible and viable Hillside use once it conforms to conditions. e. The proposed use, as designed, will not cause a substantial adverse impact upon the environment, or the proposed use will provide public benefits which outweigh the impacts. The project's impact on the environment will not cause substantial adverse effects provided it meets with the conditions discussed in the Environmental Assessment. Background: This project has a complicated background and there are a number of aspects which must be clarified. In actuality two stable operations exist on Stevens Creek Quarry property. (See attached map at end of assessment). One of the stables (identified as Site No. 1 on attached map) has existed on the Quarry property for over 10 years and is considered a legal non-conforming use. Stable Site No. 2 was established between two and three years ago without ever applying for and receiving the necessary permits. It exists as an illegal use j and is in essence a violation of the Quarry's use permit. Stable Site No. 2 came to the attention of County officials when the Quarry was renewing its use permit in 1985. David and Richard Voss (Stevens Creek Quarry owners) are ultimately responsible for the elimination or legalization of Stable Site No. 2 boarding and training operation. Herbert Regnart operates Stable Site No. 2 as well as Stable Site No. 1. Both stables are on assessor's parcel number 351-18-34 (82.6 acres +) which will be identified in this Environmental Assessment as Parcel A (See map). Stable Site No. 2 has extended its operation to an adjoining parcel , assessor's number 351-18-22 (4.46 acres) which will be called Parcel B here and is identified as Voss family property but not as a Quarry holding. The use permit application only requests use of Parcel A. The acreage and APN of Parcel A differ from what is stated on the project application because of a lot line adjustment with a neighboring property owner, Sunnyvale Road and Gun Club, Inc. i l 3 Background: (Coi, sued) As a legal non-conforming use Stable Site.No. 1 is not subject to environmental review as is Site No. 2, though as is discussed in the Environmental Assessment, Site No. 1 may be considered a related operation. Stable No. I consists of a 24 stall horse barn and an uncovered arena. Its use appears to be for boarding only (No training). AB 884 DEADLINES AB 884 requires that action be taken on a project within 6 months of the date the application was deemed complete. In this case, action must be taken by February 4, 1987. RESPONSIBLE/TRUSTEE AGENCIES TO RECEIVE ENVIRONMENTAL ASSESSMENT AND STAFF REM : City of Cupertino KP#3 1253EA:dp 4 UL���� IN, r ' _ . , cup eu-usA ' ••S T• Y.. E E.N INS 1`E11COLaT10M ~• Dblit \ _ .. .. ••�. • t1 _i 1 l - �... � 1 PARCEL W. PARCEL� Pit 1-401 C r e e k r••S �yYill a y +l R a o o E'for ` i If 2.O f . , .• .. mow. ,..: � � _.. — •• �.� FILE NO. 1253-16-62- - 80P OP -83A-85P N APPLICANT: DAVID VOSS (HERBERT REGNART) ADDRESS: 12100 STEVENS CANYON ROAD • 4 r ) .- CUPERMQ ---.� DAVID VOSS (HERBERT REGNART) , . 1253-16-62-80P-83P-83A-85P • Ri�irrairf� .�-� � --r _ ARCEL A STEVENs PERCOLATION ' BASIN `` :- ... •' - I1 '•, r:�T �VJ��It 11U11 U© ._ . '..PA STABLE �..rc,'c � �;..:�,. �•�►*;' _ B SITE #2 kC" r ►:''�`� Ri��trts/� • $revel pit �I - COBRPE A STABLEti y • }�' SITE #1 y ,j;, �•'""� ��• ' pc � • � •it+is:;ti'`•.�wYa.4�1a. ti,r�.-•.�.a�•...-� •F�f�,. • • � • • � �1�• ••fir•..J� 'Y'it `'N,` �•c„n. In yy r 7viiz apartment of Planning and Development Offlce of Planning County Government Center,East Wing 70 West Hedding Street County of Santa Clara San Jose,California 95110 (408)299-2521 California ENVIRONMENTAL ASSESSMENT File Number: 1253-16-62-80P-80A-83P-83A-85P Sponsor: David Voss (Property owner/applicant) Herb Regnartpera or - Date: August 20 1986 Project: Use Permit far a 42- g 1 horse Prepared by: Renee' de Bord-Ballek boarding and training operation. Reviewed by: Robert L. Sturdivant RECOMMENDED ENVIRONMENTAL DETERMINATION: ❑ CATEGORICALLY EXEMPT. Project is within a class of projects determined not to have a significant effect on the environment. NEGATIVE DECLARATION. The proposed project could not have a significant effect on the environment, or, although the proposed project could have a significant f P 1e feet on the environment, there will not be a significant effect i I; n this case if the mitigation j measures are added to the project. (In this case, if mitigation does not occur through: 1 a f( change in Tans or 2) an enforceable g plans; c le commitment from the applicant, and EIR w I ou ld b e required). ENVIRONMENTAL IMPACT REPORT IS REQUIRED. The proposed project may have � significant effects on the environment. These significant effects, as determined by the Initial Study and other sources, will be evaluated in an EIR. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ® Land Use/General Plan ® Safety/Health Q Geologic ❑X Air Quality ❑ Resources/Parks ❑ Noise ® Sewage/Water Ouality/Flooding D Aesthetic ❑ Flora and Fauna ❑ Energy Transportation/Parking ❑ Historical/Archaeological ❑ Housing ❑ Public Services & Utilities DISCUSSION Staff Conclusion: (continued on back) An Equal Opportunity Employer Staff Conclusion Although the proposed project could have a significant effect on the environment, the impacts can be reduced to a less than significant level if the project incorporates the proposed mitigation measures and conditions of the Environmental Assessment. Because the impacts appear mitigatable a Negative Declaration is recommended. (If in this case, mitigation does not occur through (1 ) a change in the project or; (2) an enforceable commitment from the applicant, an EIR should be required. ) Environmental Setting The project is located on Stevens Creek Quarry property. Approximately 3 acres near the southwestern boundary of the quarry is being used for the horse boarding and training project. Access to the site is from Montebello Road just west of the intersection of Stevens Canyon and Montebello Roads. Stevens Creek Reservoir is located approximately one-half mile east of the project site. The terrain on which the project is situated has a slope ranging from 30% - 40%. Vegetative cover is oak forest and brush. Swiss Creek and its riparian corridor are adjacent of the site on the north. Surrounding land uses are as follows: to the north across Swiss Creek are quarry operations; to the east/southeast is Stevens Creek Park; and to the west/southwest are homesites and the lands of Mid-Peninsula Regional Open Space District. Background/Project Description This project has a complicated background and there are a number of aspects which must be clarified. In actuality, two stable operations exist on Stevens Creek Quarry property. (See attached map at end of assessment). One of the stables (identified as Site No. I on attached map) has existed on the Quarry property for over 10 years and is considered a legal non-conforming use. Stable Site No. 2 was established between two and three years ago without ever applying for and receiving the necessary permits. It exists as an illegal use and is in essence a violation of the Quarry's use permit. Stable Site No. 2 came to the attention of County- officials when the Quarry was renewing its use permit in 1985. David and Richard Voss (Stevens Creek Quarry owners) are ultimately responsible for the elimination or legalization of Stable Site No. 2 boarding and training operation. Herbert Regnart operates Stable Site No. 2 as well as Stable Site No. 1 . Both stables are on assessor's parcel number 351-18-34 (82.6 acres +) which will be identified in this Environmental Assessment as Parcel A (See map). Stable Site No. 2 has extended its operation to an adjoining parcel , assessor's number 351-18-22 (4.46 acres) which will be called Parcel B here and is identified as Voss family property but not as a Quarry holding. The use permit application only requests use of Parcel A. The acreage and APN of Parcel A differ from what is stated on the project application because of a lot line adjustment with a neighboring property owner, Sunnyvale Road and Gun Club, Inc. 6 Stable Site No. 2 consists of several structures: a + 12,000 square foot covered arena; a + 6,375 square foot 28 stall barn; i + 800 square foot tack room; an office (Trailer); and a grain shed. In addition there are two sets of pipe corrals (total of 11 corrals), a circular training ring and two paddock/corral areas. The operator is requesting that his use permit be for 42 horses at Site No. 2. The purpose of this stable is to provide training and boarding for show horses. No rental of horses to the general public occurs at the site. As a legal non-conforming use Stable Site No. 1 is not subject to environmental review as is Site No. 2, though as will be discussed in this assessment, Site No. I may be considered a related operation. Stable No. I consists of a 24 stall horse barn and an uncovered arena. Its use appears to be for boarding only (No training). Access to Site No. I is from Stevens Canyon Road. There are three entrances to the Quarry property from Stevens Canyon Road - a sign is posted at the third entrance which indicates it is to be used by the horse boarders. DISCUSSION OF IMPACTS 1. Land Use/General Plan The use permit application for Stable Site No. 2 requests use of Parcel A for the boarding and training operation; however, as stated above, Stable Site No. 2 has extended its operation on to Parcel B. The County Central Permit Office will require one of the following prior to final approval of the use permit: Either (1) modification of the use permit application to inctude Parcel B, or (2) discontinuation of the use of Parcel B. In an effort to explore whether or not there is a desire or need for horse boarding and training operations of this type, several contacts were made within the show horse community. The general consensus is that there is a need for commercial horse training facilities in northern Santa Clara County which is not being met. Within the last year three such facilities have ceased operation, succumbing to the increase in property values. According to sources consulted, the success of commercial training facilities depends directly on the caliber of the operation and the integrity of the management. General Plan -- The Land Use designation for the subject property is Hillsi—de.-the project, as situated on a quarry site and surrounded primarily by open space, is somewhat isolated from its residential neighbors. This appears to be to the project's benefit. Stable Site No. 2 is in conformance with the allowable uses for Hillside areas under the County General Plan. As it exists, Stable Site No. 2 clearly conforms to all but two of the Hillside Development Policies. Policy #3 states that "Any areas of the site which pose a hazard must be placed in permanent open space (landslides, excessive slopes, faults, etc. )". The projects' conformance to Policy #3 will be discussed in the Geology Section of this Environmental Assessment. Policy #7 states that "All standards and criteria of the General Plan and of all applicable County ordinances must be met." The project exists as an illegal use and is, therefore, not currently in conformance with all of the applicable County ordinances. Aspects of the project's conformance and/or non-conformance will be discussed in the Zoning Section and also where pertinent in the rest of the Environmental Assessment. 7 City of Cupertino --The project is located within the City's Sphere of Influence. Cupertino's only comment regarding the project indicated a concern over traffic generation. Zoning Ordinances --Under Section 14-4.1 of the Hillside Zoning Ordinance stables are permitted subject to securing a use permit application and receipt of Architectural and Site Approval (ASA) and meeting the Specific findings of the section. Section 14-4.1 reads as follows: (a) Stables. Public or commercial boarding and riding and accompanying facilities such as hay barns, animal shelter, restrooms, tack rooms, small-scale snack bars. Minimum lot size ten (10) acres. Architectural and Site Approval shall be secured for the establishment and conduct of this use as provided in Article 51 of this ordinance. Specific findings: (1) The use shall not constitute a nuisance as defined in Section 37-3.6 of this ordinance. Section 37-3.6 says that the keeping or raising of horses must be conducted in a sanitary manner or else the use will result in a public nuisance. The following are not allowed or permitted to become unusual or excessive: (1) The accumlation of manure; 12) The presence of flies; 3) The presence of rodents; 4) The production of odors; 5) The accumulation of surface water without adequate drainage in or about a barn, stable, roofed structure for shelter of horses, corral , fenced area, restraint for horses or pasture. Section 37-3.6 also states that "any corral , fenced area, or restraint for horses shall not be located in such a manner as to adversely affect any potable water supply, as determined by the Santa Clara County Health Department." Conformance to the requirements of finding #1 will be discussed in the Health, Air and Water Quality Sections of this Environmental Assessment. (2) Corrals are set back from creeks by an amount which prevents water contamination from loose soil or animal waste, are located on flat or nearly flat areas if used on a year-round basis, and are set back from property lines and dwellings a sufficient distance which protects the health, safety and welfare of residents and neighbors. (3) A satisfactory method for maintaining sanitary conditions shall be provided. (4) A satisfactory erosion control plan shall be provided. Note: The project's ability to conform to findings #2 4 will be addressed in the pertinent sections of this report. 8 Article 38 of the Zoning Ordinance addresses non-conforming uses. Stable site No. 1 is a non conforming use because it existed as a lawful use at the time the ordinance was adopted. Section 38-1 indicates that although a use of the land may not conform to the regulations specified in that land's zoning district, an existing non-conforming use may be continued provided that the use is not enlarged or intensified, nor shall the non-conforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of the Zoning Ordinance. The relationship between the two Stable Sites on Quarry property is unclear. Both are located on the same parcel and operated by the same person. 2. Geologic: The project (Stable Site 2) lies within an area designated as having a moderate to high potential for earthquake induced landslides. The area is characterized by volcanic rock units of the Franciscan series with bedrock likely to occur at 2 to 5 feet. At least two fault systems are within relative proximity to the site. The County Geologist will require a geologic report to be submitted for the project prior to obtaining ASA. (A letter report may be sufficient. ) The Geologist is recommending a geologic report because of the substantial grading which occurred without permit, coupled with the number of slope failures experienced in the area last winter. No structures should be located on geologically unstable areas, as identified in the required geologic report. Following all recommendations outlined in the report will mitigate any potential geologic hazards. Policy #3 of the County General Plan's Hillside Development Policies states that hazardous areas should be placed in open space. The hazardous areas identified in the geologic report should be dedicated as permanent open space. 7 3. Resources/parks: The project is within 200 yards of an equestrian turnstile providing access to 200 acres of Mid-Peninsula Regional Open Space District (MPROSD) lands. Horses and riders associated with the project are permitted to use this turnstile on Montebello Road and ride on the District's property subject to MPROSD rules. I Stevens Creek County Park is approximately one half mile away to the east. There is no trail access nearby and the County Park's Department recommends that riders do not try to ride along Montebello and Stevens Canyon Roads to reach the park because of the narrowness and blind corners which Jeopardize horse and rider safety. Riders should be advised against trying to access Stevens Creek County Park. 4. Sewage/Water Quality: Water Supply --Water for the horses is provided by a spring which originates. across Montebello Road above the site. This spring water is collected in a storage tank. The spring water currently does not meet Environmental Health Standards and should not be used for human consumption. Water from the spring is also used to water down the arena and irrigate plantings. Potable water is provided by bottled water, as approved by Environmental Health Services (EHS). q 9 Water quality --The project is sited on a 30% - 40% slope from Swiss Creek, which feeds directly into Stevens Creek Reservoir. Section 37-3.6 of the Zoning Ordinance requires that horse related structures be located in such a manner that potable water supplies are not adversely affected. Finding #2 of the Hillside Zoning Ordinance 14-4.1 requires that corrals be setback from creeks by an amount which prevents water contamination from loose soil or animal waste and should be located on flat or nearly flat areas if used on a year-round basis. While the project may be situated at a sufficient distance from Swiss Creek, the slope of the hill on which it is located greatly increases the chance of sediments and contaminates reaching the reservoir. Horses kept in the corral/paddock near the entrance to the project and the pipe corrals present a greater threat to water quality than horses kept in the barn, due to the sloping nature of the property, and increase the probability of erosion and contamination of surface runoff by waste products. The potential for water quality degradation is further complicated by poor erosion control and an inadequate drainage plan on the overall site. As a requirement of Section 14-4.1 the project must apply for and receive Architectural and Site Approval (ASA). In this case ASA should be obtained prior to issuance of a use permit. ASA conditioning of the project may result in the operator having to discontinue use of the corral/paddock and the pipe corrals if it appears that such action is necessary in order to prevent an adverse impact on water quality. Sewage Disposal --Soils on the site consist of Los Gatos clay loam (LgE) with 30 to 60 percent slopes. Septic tank limitations are severe. Given the nature of soils, slope of the site and the size and location of the existing structures in use, Environmental Health Services (EHS) was unable to find a suitable location for a septic system. At the time a Sanitarian conducted a field investigation of the project (August 1985) there were 12 horses on the site. The Sanitarian approved use of one chemical toilet based on 12 horses. Recent comments from EHS, given in response to their being notified that the project now houses 42 horses, indicate that they are reluctant to approve more chemical toilets but will do so provided that good accessibility for pump trucks can be guaranteed. Good accessibility may require removal or re-siting of some structures. EHS will require three adequately maintained chemical toilets for the- project based on the stabling of 42 horses. EHS should be consulted for siting considerations of the toilets. Erosion --The site soils are characterized by medium surface runoff and moderate erosion hazard. It appears that some planting of the graded slopes has occurred but evidence of erosion suggests that the planting is insufficient. Specific finding #4 of the Hillside Zoning Ordinance. - Section 14-4.1 requires that a satisfactory erosion control plan be provided. Direct treatment of barren areas should include the establishment of native vegetation (deep rooted trees and shrubs) and the seeding of disturbed slopes with grass seed mixtures. An erosion control plan will be required prior to ASA. Drainage --The project is sited in a historic drainage corridor which drains R"id-Peninsula Regional Open Space District's (MPROSD) property situated above the project on the southwest side of Montebello Road. During last winters' heavy storm season an abandoned flume was activated by high water levels, causing water to flow out of its normal , known channel . As a result a portion of the project site was washed out. 10 Drainage -- (Continued) The stable operator and MPROSD are at present sorting out their differences with regard to the washout. The County Transportation Agency believes that although a portion of the historic abandoned drainage ditch runs alongside Montebello Road, the drainage system is not road related. A resolution between MPROSD and County Transportation, with regard to maintenance responsibility is pending. Once responsibility for this problem has been established, this aspect of the drainage problems will be corrected. The slope behind the project's arena, across which the spring traverses, seeps water. The water collects alongside the arena and has algae and reeds growing In it. Near the northwest corner of the arena, also at the base of the spring saturated slope, is a horse wash rack. The stable operator indicated that a drain next to the wash rack collects wash water runoff and seepage. An underground pipe carries the runoff to an outfall on the slope above the driveway. An additional drainage pipe was pointed out on the northeast side of the arena. In light of the project sites' topography and drainage problems, the existing onsite drainage appears inadequate. Drainage improvements will be conditioned at the time of ASA and will address Item #5 of Section 37-3.6 of the Zoning Ordinance. Santa Clara Valley Water District (SCVWD) has indicated that site drainage should be designed to avoid manure and urine laden runoff from entering Swiss Creek. 5. Transportation/Parking: The County Transportation Agency will require no additional road improvements for Montebello Road or Stevens Canyon Road for this project. Previous conditions imposed on the roadway for the communication site, which shares the same access as Stable Site No. 2, are adequate. Traffic increases generated by the project have already occurred as a result of the stable's being in operation. Further increases should not occur because the stable is at maximum capacity. Egress from the project onto Montebello Road is difficult due to poor visibility - the driveway is situated just off a blind curve. Pulling loaded horse trailers to and from the site poses a safety hazard. A sign should be posted warning drivers on Montebello Road that slow-moving vehicles may be entering or leaving a blind driveway. Parking requirements for stable's are one space per 3 horses within 300 feet of the facility. A graded area (dirt) is provided for parking off the north side of the access driveway, down below the stable site. ASA will condition parking improvements as necessary. 6. Safety/Health: Specific findin #3 of Section 14-4.1 (Hillside Zoning) and Items #1-5 of Section 37-3.6 ?Health and Sanitation/Horses) are directed at maintaining sanitary conditions for stables. The current method of manure disposal hauled away from the stable by truck to a site approximately 3 miles away (on quarry property with permission of quarry) on a daily basis and plowed under is adequate according to EHS. Both SCVWD and EHS caution that the manure disposal sites must be located away from creeks and swales. The stable operator has access to 70+ acres for disposal of manure. There are areas of the quarry which are being reclaimed and revegetated which may benefit from the manure disposal . Fly control may require conditioning by Environmental Health at ASA. 6. Safety/Health: (Continued) The project is located within a hazardous fire area without fire services for building fire protection. The California Division of Forestry provides service for the property itself. The applicant should investigate annexation to the Central Fire Protection District for building fire protection. The County Fire Prevention Code for water supply and site access must be met. The stable operator does have a 5,000 gallon water tank for fire protection on the site. Whether or not the tank meets the fire code will be determined by the County Fire Marshal at ASA. Sprinklering of the structures may be required. As mentioned in the Transportation Section, horse trailer access to the project is hazardous. It may be helpful to post signs near the entrance to the stables on Montebello Road alerting drivers to the presence of slow trailer traffic. 7. Air Quay: Odors from manure could pose a problem if proper disposal lapses. EHS mentioned a potential source of odor from drying algae alongside the arena. Adequate mitigation of drainage problems will probably eliminate this potential odor. 8. Aesthetics: Montebello and Stevens Canyon Roads have a Scenic designation. The project is not easily visible from either road nor it is visible from MPROSD land or Stevens Creek Reservoir. The prefab structures of the project (arena, barn and office) are attractive and likelyt o remain so provided the are 0 III P Y maintained. The pipe corrals and grain shed detract from the project's visual appeal . Several large oaks have been left standing and some planting of trees has occurred. Further landscaping and revegetation of disturbed slopes will enhance the stable's aesthetic value. A redwood burl sign with Brookside Stables painted on it identifies the project at the entrance to the site from Montebello Road. ASA will condition the sign, landscaping, and review the overall visual condition of the project. Persons/Sources Consulted o Susan Levenberg, Deputy County Counsel o Luke Stamos, Zoning Administrator o Mike Lopez, Assistant Land Development Coordinator o Del Woods, Mid-Peninsula Regional Open Space District o Felice Errico, County Parks Department o Jim Berkland, County Geologist o Rans Bratton, Secretary ASA o Will Remily, Fire Marshal o Bill Kinamen, County Transportation Agency a Sue Tippets, SCVWD o Richard Fuchs, Environmental Health Services o J.P. Jett, Horse Trainer and Instructor o Bonnie Schlagel , Horse Owner Kp#3 1253EA:dp 12 Claims No. 86=17 ' Meeting 86-21 Date: Sept. 10, 19 , ; REVISED Amount - Name Description 9977 35.40 Stanley Norton July Expenses 9978 902.81 Paci-fic -Bell Telephone Service 9979 352.27 Pacific Gas and Electric Company Utilities 9980 30.81 City of Palo Alto Utilities Utilities 9981 9.63 Peninsula Blueprint, Inc. Blueprints 9982 4,598.83 Portola Park Heights Property Road Repairs Owners Association 9983 36.00 People for Open Space Conference--Herbert Grench and Nonette Hanko 8984 1 ,000.00 John David Pound Legal Services 8985 1 ,000.00 Rancho Del Cielo, Associates Dyer Option Payment 8986 163.49 Rancho Hardware Field Supplies 8987 105.36 Chris Saenger Caretaker's Residence Repairs 8988 101 .08 San Francisco Water Department Water Service 8989 285.00 County of Santa Clara Dispatching Services Geherat Services Agency 8990 1 ,061.45 Santa Clara County Sheriffs Patrol Services Department 8991 4,220.00 E. R. Sheehan Trail Construction 8992 1 , 188.00 Glenn Smith Consulting Services 8993 566.01 Shell Oil Company Fuel and Repairs for District Vehicle,; 8994 3,050- 000.00 Stewart Title Company Land Purchase--Peters 8995 1 :000.00 Trail Information and Volunteer Trail Construction Volunteer Center 8996 200.00 Valley Title Company Preliminary Title Report 8997 119.07 Sandy Voorhees Private Vehicle Expense 8998 181.90 Yardbird Equipment Sales Repairs on. Field Equipment 8999 2,067.00 Yeager Ford Tractor Equipment Rental 9000 1 ,770.00 Ortha Zebroski . Landscape Architect Consulting Fees 9001 550.00 Foss & Associates Personnel Consulting Fee--August 9002 152.73 Petty Cash Meal Conferences, Photo. Processing, Conference Registration, Field and Office Supplies and Private Vehicle Expense CLAIMS No.86-17 Meeting 86-21 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Sept. 10, 1986 C L REV t SED • A I M S Amount Name Description 9945 4T :28> ATST information Systems Group Telephone Equipment 9946 67.38 Adia Personnel Services Temporary Office Help 9947 200.00 Bay Area Water Trucks Water Service 9948 258.30 - Craig Beckman Reimbursement--Uniform Expense, Educatio Expenses, Private Vehicle Expense and Field Supplle, 9949 58.61 f Matthew Bender and Company Library Documents 9950 395.00 Council on Education in Seminar--James Boland Management 9951 43. 12 Alice Cummings Private Vehicle Expense 9952 4,000.00 ' Deloitte, Haskins & Sells Professional Services 9953 358.46 Discount Office Supply Office Supplies 9954 48.00 Jack Dymond Associates Xeroxing 9955 34.82 . Dyna Med, Inc. Field Supplies 9956 50.71 ' John Escobar Reimbursement--Office Supplies 9957 1 ,200.00 John Estes Caretaker/Patrol Services 9958 14.00 Federal Expresss Corporation Express Mail 9959 272,000.00 First American Title Land Purchase--Luckenbach Guaranty Company, 9960 10.65 First American Title Parcel Maps Insurance Companyl 9961 1 ,700,000.00 Fidelity National Title Land Purchase--Dyer Insurance Company 9962 455.00 • Frahm, Edler, s Cannes Consultation on Picchetti Road Project 9963 380.00* Green Valley Disposal Company Dumpster Rental 9964 42.72 Herbert Grench Reimbursement--Meal Conference 9965 42.60 Hammon, Jensen, Wallen & Assc. Aerial Photographs 9966 169.28 Helming's Auto Repair District Vehicle Repairs 9967 13.26 Home Electrical Field Supplies 9968 141 .24 Honeywell Protection Services Alarm Service 9969 16.04 Hubbard & Johnson Field Supplies 9970 30.52 Tom Lausten Private Vehicle Expense 9971 472.25 � Los Altos Garbage Company Dumpster Rental 9972 2,625.00 Dr. Samuel McGinnis Consultant Services-- Horseshoe Lakel 9973 831 .63 ' Miracle Auto Painting District Vehicle Repairs Study 9974 181 . 15 Mobil Oil Company Fuel for District Vehicles 9975 156.55 Monogram Sanitation Hazardous Material Containers 9976 48.95 Northern Hydraulics, Inc. Field Equipment * Issued as an Emergency Check on September 4, 1986 KLAIm No. 86-l7 � � 86-2l MID PENINSULA REGIONAL OPEN S�C DISTRICT Date: Sept. lU, 1986 �EV��E� � � 7\ ZDY � N��� Description � 9945 +.; r 2; AT&T 'Information Systems Group Telephone Equipment 9948 67.38 Adio Personnel Services . Temporary Office Help � 9947 200,00 Bay Area Water Trucks Water Service 9948 258.30 Craig Beckman Reimbursement--Uniform Expense, EdwcatYmm Expenses, Private Vehicle Expense and Field SwpplimQ 9949 58.61 Matthew Bender and Company Library Documents 9950 395,00 'Council on Education in Seminar--James Boland � � Management � ` 9951 43.12 Alice Cummings Private Vehicle Expense � 9952 4,808.00 Delo[tta, Haskins & Sells Professional Services � 9953 358.48 Discount Office Supply Office Supplies | 9954 48.oO Jack Dymond Associates Xeroxing / 9955 34.82 Uyna Me6, Inc. Field Supplies � 9956 50.71 John Escobar Reimbursement--Office Supplies � 9957 1 ,200.00 John Estes Caretaker/Patrol Services | | 58 14.00 Federal Expresss Corporation Express Mall K ~_ J 272,000.00 First American Title Land Purchase--Luckenbach � Guaranty Company � � 9960 |O.65 First American Title Parcel Maps � Insurance Company' � 9361 1 ,700,DOU.00 Fidelity National Title Land Purchase--Dyer Insurance Company ' � 9962 455.00 Frahm, Edler, & Cannes Consultation on picchet1y Road Project 9963 38M.00* Green Valley Disposal Company Dumpstmr Rental 9964 42.72 Herbert Granch Reimbursement--Meal C�nf�n�n�� � | 9965 42.60 Hammon, Jensen, Wal )en & Assc. Aerial Photographs | 9966 169.28 Helming"s Auto Repair District VchYcle Repairs / � 9367 13.26 Home Electrical Field Supplies � | 9968 141 .24 Honeywell Protection Services Alarm Service � � 9969 16.04. Hubbard & Johnson Field Supplies � | 9970 30,52 Tom Laustmn Private Vehicle Expense � | � 9971 472.25 Los Altos Garbage Company Dumpster Rental � 9972 2,625,00 Ur. Samuel McGinnis Consultant Services-- Horseshoe Lake | � 973 B31 ,63 Miracle Auto Painting District Vehicle Repairs Study � K � ~� /4 181 , 15 Mobil Oil Company Fuel for District Vehicles � � 9975 156,55 Monogram Sanitation Hazardous Material Containers 9976 48.95 Northern Hydraulics, Inc. Field Equipment Claims No. 86-17. Meeting 86-21 Dates Sept. 10, 1986 REVISED Amount Name Description j77 35.40 Stanley Norton July Expenses 9978 902.81 Pacific Bell Telephone Service 9979 352.27 Pacific Gas and Electric Company Utilities 9980 30.81 City of Palo Alto Utilities Utilities 9981 9.63 Peninsula Blueprint, Inc, Blueprints 9982 4,598.83 Portola Park Heights Property Road Repairs Owners Association 9983 36.00 People for Open Space Conference--Herbert Grench and Nanette Hanko 8984 1 ,000.00 John David Pound Legal Services 8985 1 ,000.00 Rancho Del Cielo, Associates Dyer Option Payment 8986 163.49 Rancho Hardware Field Supplies 8987 105.36 Chris Saenger Caretaker's Residence Repairs 8988 101 .08 San Francisco Water Department Water Service 8989 285.00 County of Santa Clara Dispatching Services General Services Agency 8990 1 ,061 .45 Santa Clara County Sheriffs Patrol Services Department 31 4,220.00 E. R. Sheehan Trail Construction 8992 1 , 188.00 Glenn Smith Consulting Services 8993 566.01 Shell Oil Company Fuel and Repairs for District Vehicles 8994 3,050,000.00 Stewart Title Company Land Purchase--Peters 8995 1 ,000.00 Trail Information and Volunteer Trail Construction Volunteer Center 8996 200.00 Valley Title Company Preliminary Title Report 8997 119.07 Sandy Voorhees Private Vehicle Expense 8998 181 .90 Yardbird Equipment Sales Repairs on Field Equipment 8999 2,067.00 Yeager Ford Tractor Equipment Rental 9000 1 ,770.00 Ortha Zebroski Landscape Architect Consulting Fees 9001 550.00 Foss Associates Personnel Consulting Fee--August 9002 152.73 Petty Cash Meal Conferences, Photo Processing, Conference Registration, Field and Office Supplies and Private Vehicle Expense