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Home My Public Portal About19861112 - Agendas Packet - Board of Directors (BOD) - 86-27 Meeting 86-27 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 201 San Antonio Circle Wednesday BOARD OF DIRECTORS Building C-135 November 12 , 1986 A G E N D A Mountain View, CA (7 :30) *ROLL CALL APPROVAL OF MINUTES (October 18 , 1986 ; October 22, 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7: 45) 1. Showing of "Treasures of the Greenbelt" -- H. Grench (8 : 25) 2 . Access Facilities for Alpine Pond Area of Skyline Ridge Open Space Preserve -- D. Hansen (8 : 55) 3. Final Adoption of the Interim Use and Management Plan for the Dyer Property Addition to La Honda Creek Open Space Preserve D. Hansen (9: 10) 4 . Final Adoption of the Interim Use and Management Plan for the Peters Property Addition to the Russian Ridge Open Space Preserve -- D. Hansen (9 : 25) 5 . Final Adoption of the Interim Use and Management Plan for the San Jose Water Company Property Addition to Los Gatos Creek Park -- D. Hansen (9:40) 6 . Final Adoption of the Interim Use and Management Plan for the California Province of the Society of Jesus Property Addition to the Sierra Azul Open Space Preserve - Kennedy Road Area -- D. Hansen (9 : 45) 7. Proposed .Kidwell Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area -- C. Britton Resolution 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 (Sierra Azul Open Space Preserve - Lands of Kidwell) (10:05) 8 . Naming of Ravenswood Preserve -- D. Hansen i 9 i 'I Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Denlel G.Wendln (10 : 10) 9 . California Community Parklands Act of 1986 Grant Application C. Britton Resolution Approving the Application for Grant Funds Under the Community Parklands Act of 1986 for the Following Projects : La Honda Creek Open Space Preserve Additions, Windy Hill Open Space Preserve Additions, Coal Creek Open Space Preserve Additions, Russian Ridge Open Space Preserve Additions, Skyline Ridge Open Space Preserve Additions , Long Ridge Open Space Preserve Additions , and Rancho San Antonio Open Space Preserve Additions . (10 : 15) la. Rescheduling of November 26 Regular Meeting to November 24 H. Grench (10 : 20) 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 concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters, you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication which the Board appreciates. Each speaker will ordinarily be limited to 3 minutes. when recognized, please begin by stating your name and address. We request that you fill out the form provided and present it to the Recording Secretary so that your name and address can be accurately included in the minutes. Notice: Board of Directors Meeting of Wednesday, November 26 tentatively rescheduled to Monday, November 24 . Meeting 86-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949.5500 SPECIAL MEETING BOARD OF DIRECTORS OCTOBER 18, 1986 MINUTES The October 18 , 1986 Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District had been called for the purpose of dedicating the Los Gatos Creek Park. A quorum of the Board was not in attendance, and the Special Meeting, as such, was not held, although the event proceeded as planned. Board Members Present: Katherine Duffy, Teena Henshaw and Harry Turner. Board Members Absent: Daniel Wendin, Edward Shelley, Nonette Hanko and Richard Bishop. Staff Members Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, James Boland, David Camp, Patrick Congdon, Thomas Lau- sten, David Sanguinetti, Kerry Carlson and Matthew Ken. The event, co-sponsored by the Town of Los Gatos, included a docent- led hike, which began at 11: 00 A.M. , from Civic Center to the top of St. Joseph' s hill. Approximately 150 people attended. At approxi- mately 1: 00 P.M. , a dedication ceremony was held on the top of the hill, and after the ceremony, wildflower seeds were sowed. Jean H. Fiddes District Clerk Herbert A.Grench,Genera/Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 86-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949.5500 SPECIAL MEETING BOARD OF DIRECTORS OCTOBER 18, 1986 MINUTES The October 18 , 1986 Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District had been called for the purpose of dedicating the Los Gatos Creek Park. A quorum of the Board was not in attendance, and the Special Meeting, as such, was not held, although the event proceeded as planned. Board Members Present: Katherine Duffy, Teena Henshaw and Harry Turner. Board Members Absent: Daniel Wendin, Edward Shelley, Nonette Hanko and Richard Bishop. a Staff Members Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, James Boland, David Camp, Patrick Congdon, Thomas Lau- sten, David Sanguinetti, Kerry Carlson and Matthew Ken. The event, co-sponsored by the Town of Los Gatos, included a docent- led hike, which began at 11: 00 A.M. , from Civic Center to the top of St. Joseph' s hill. Approximately 150 people attended. At approxi- mately 1: 00 P.M. , a dedication ceremony was held on the top of the hill, and after the cc-cemony, wildflower seeds were sowed. Jean H. Fiddes District Clerk Herbert A.Grench,General Manager Board of Directors:Katherine Dully,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 86-26 MII)PENINSULA REGIONAL OP11EN SPACI', DISTRICT OLD t�111 L OfTiCd- BUILDING C SLHTF, 13� 0,�Oi SAN AN-IOWC [F VV%!0U%TA1%VIE CALIF r 3H1,1A 9,' '0 WW 00 sy REGULAR MEETING BOAN-0-P-DIRECTORS OCT6B_K_R --2-2-, AN 67 MINUTES ROLL CALL Vice-President Daniel Wendin called the meeting to order at 7 : 32 P .M. Members Present : Katherine Duffy, Teena Eenshaw, Richard Bishop, Turner , and Nonette Hanker . Member Absent : Edward Shelley . Personnel Present: : Herbert Grench, Craig Britton, David Hansen , Mary Hale, Jean Fiddas , James Boland, Mary Gunderk, Alice Cummings , �Fohn Ezcobar, Dennis Danielson , Stanley Nor ton, and Joan Combs . APPROVAL OF MINUTES October 8 , 1986 Motion : K . Duffy moved that the Board approve the minutes of October 8 , 198G . T . Henshaw secondnd the motion. Discussion : D . Wendin noted that the word "work" in the in item U on page 4 shoul read NoLe" . K. Duffy and T. Renshaw accepted. the change as part of the motion . The motion to approve the minutes as corrected passed 5 to 0 with D. Wendin abstaining . October- 14 , 1986 Motion : N . Hanko moved that the Board approve Lhe minutes of October 14 , 1986 . R. Bishop seconded the motion . The motion pDssed 5 to 0 with T . Henshaw abstaining . WRITTEN COMMUNICATIONS J . Combs stated that Lhe Board had received the following written communications : 1) a letter from Mark Winitz , 85 Main Street, Los Altos , dated October 14 , offering his assistance in exploring public education meLho6s concerning trail use policies and trail etiquette; 2) a notice from the Bay Area Park and Recreation Commissioners ' and Board MemhersV Council announcing their next; meeting in San Leandro on Friday, November, 7 ; and 3) a letter from Lhe Peninsu . Open Space Trust Skyline Ridge Task Force regarOing the curren - planning for the Alpine Lake Environ-- mental Education/observation area . Grel�ch,fir,......j1&11,1"x�,Pr R,1al!),!c ;:K, i, D,ffy,WWW U.Hwn I wn H"A- RTW"S.5 z.A d"W A T~W,A Am,DmM G W"On Meeting 86-26 Page two D . Wendin stated that since Mr . Winitz was present at the meeting, no written response would be necessary . N . Hanko congratulated Mr . Winitz on his article in California Track & Running News which addressed the issue of trail courtesy . D. Wendin stated the Board ' s consensus that no response was required for the second letter, and noted that the letter from the TaV.. Force on Alpine Pond access would be considered with the first agenda item. 1 T,7 ORAL COMIMUNICATIONS i'lIe r were no Oral Communications . ADOPTION OF A(_',ENDA —D.�%Te- din sLatld that the agenda was adopted by Board consensus . VI . BOARD BUSINESS A. Access Facilities QK,jkpile Pond Area of Skyline Ridqe Open Space_ of o —1 1V-111 hT__ D. Hanson noted that following the 0cwher 14 on-site meeting, the� Board had requested sLaff to return with a timetable to complete an engineering FeasibiliLy study to consLrucL an underpass between Russian Ridge and Skyline Ridge Preserves . He reviewed the con- sulting service at that had been distributed to the Board from Frahm, Edler & Cannis for a preliminary feasibility study . D . Hanson reviewed the positive and negative aspects of the planning alternatives for access facilities to the Alpine Pond area . He said staff had developed a sixth alternative that would continue with the plan for parking on Russian Ridge Open Space Preserve , consider the feasibility of an underpass , and provide limited parking off the uxistinq ranch toad . He said that a pullouL could accommodate vans and small buses , with access at tK : present entrance by permit only . T . Henshaw said such a plan would not be practical for schools involved because large buses , which schools generally have , could not be accommodated . Discussion centered on the positive and negative aspects of the propoced alternative 6 . R. Bishop stated that alternative 6 does not really answer the whole-access problem since it jo limited to small buses and does not address the access of physically limited individuals in their own vehicles . D . Hansen said the plans and spPcIfications must he submitted to the State by June 1987 after Coup approval , and , therefore, that the onginepring drawings need to he completed by late January 1987 to submit to the County . ChrisLv Holloway , representing the Peninsula Open Space Trust SkyliO Ridge Task Force , reviewed the Task Force ' s letter and said she was heartened by the possible solution offered by alternative e 6 , as th area would not be so disrupted . Meeting 86-26 , Page three Phyllis Cangemi , 517 Lincoln Avenue, Redwood City , representing Whole Access , said the legal ramifications of alternative 6 should be checked with the State . K . Duffy said she would like to see the District pursue alternatives with CalTrans to a secondary access road, a four vchicle parking area, and an underpass . D. Wendin stated he supported alternative 6 as a short-term solution . He said that if Alpine Lake was to be a whole-access facility , the underpass was the only solution that would work and that he felt the co was not out of line considering the public benefit . E . Turner said he felt that the cost, of an underpass would purchase a substantial amounL of open space and suggested possibly re- directing the focus of whole access to Horseshoe Lake . D. Hanson sLated that shifting whole access to Horseshoe Lake might jeopardize the first grant . Mott-i'on : N . Han moved that. staff be di rec. wO to return to the Board with a feasibility study for alternative 6 , and Lo discuss acceptable alternatives to Lhe original plan with the StaLe . T . Henshaw seconded tho motion . Discussion : R. Bishop sLated that he would support the motion, and said that he felt serious consideration should be given to shifting the whole-access trail to Horseshoe Lake . H . Turner said he opposed the motion because he was uncertain if i.tt would provide an effective commitment- to whole access . K . Duffy said she hoped alvernative 6 would look at access to the lake from Lho ranch area , with a possible permit system to bring people into the ranch area. D . Wendin said he did not support opening up the ranch area and suggested directing staff to explore access off Skylin- for the physically limited , and to explore with the State what is needed to save the project . N . Hanho withdrew her motion. Mokjo'n': D. Wendin moved tbaL staff explore handicapped access to Alpine Lake off Skyline Boulevard , and explore with the State what might, be necessary to salvage the grant, including ascertaining the legality of a permit system for the handicapped. T . Henshaw seconded the motion . Discussion : H . Grench suggested that staff reLurn to 'Uhh-WHY-With a reporL at the Novomher 12 meeting , which could bn followed up on November 24 if necessary . The motion passed 6 to 0 . B. J-119posed Addition Lo El Corte de Madera Cneek Open Space Preserve C . Britton disLribuLed a recapituiaLion of the Hosking transaction and reviewed the terms of the existing and proposed transactions . The latter represented additional interests to be acquired by the District , plus a i "aification of the existing agreement . TN.-, Recoil of the Current Transaction included land interests to be received at close of escrow, land rights to he received at close of escrow subject to defeasance, miscellaneous rights and reser- vations , and a financial recapitulation . Meeting 86-26 Page Sour C. Britton stated that at Close of escrow on this transaction the District would take fee title to the entire property, excapt for 74 acres , and would be able to exercise ownership control - He said that the District would be able to retain a forester, develop a logging plan for the property, and specify the trees to be cut as required in the agreement . C . Britton stated that the total payment for tho 2 , 117 acres was $1, 195 , 000 at close of escrow and $11, 475 , 000 in cash and notes over the next twenty years . M. Gundert showed slides of the proparty . D . Hansen stated that st'aff was proposing that the now acquisition areas would be open to the public by permit only due to the ongoing logging operation and lack of available parking . He not that the interim recom- mendations contained in the report continued to reflect status quo management of the hosking property and that an initial Use and Management Plan for the site was scheduled for October 1987 . Kathy Kennedy-Miller, 16222 . Skyline Boulevard , Woodside , congratu- lated the District on the proposed acquisition . N . Hax)ko noted that on page 10 of I he report, under Kom 2 , Proposed Agreement, the text should road "C-2 (74 acres) " in the 3rd line rather than "C-l . " D . Hansen stated that the acquisition has staffing implications , and that staff recommended accelerating the Open Space Management staffing plan timetable and immediately hire an additional Ranger . Motion : N . Hanko moved that the Board adopt Resolution 86-61 , a Resolution of the Board of Directors of tho Midpeninsula Regional Open Spac District Authorizing Acceptance of Agreement for Trarafer of Interest in Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to DisLrict, and Antharizing General Manager to Execute Any and All Other Documents Necessary or Appro- priate to Closing of the Transaction (El CorLe de Madera Creek Open Space Preserve - Alan Hosking Property) . R. Bishop seconded the motion . The motion passed 6 to 0 . Motion: N . Hanko moved that the Board tenLaLively atop L the Interim Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Corte do Madera Creek Open Space Preserve, and indicate its intention to dedicate the property as public open space . R. Bishop secon6ed the motion. The motion passed 6 to 0 . C . Proposed Zand and Varangar Addons to Thornewood Open Space - ---------- 6-9 3 o f Oc t-oher 2 , C . Britton explained the terms of the transacHon and sLated LhaL the proposal before the Board involvrd a land exchange . He said that along with the purchase of 12 . 5 acre Parcel one is a second acquisition of 60 acres (Parcel Two) , ten acres of which would he subject to an open space easement, while the underlying fee and remainder of Parcel Two would be exchanged for Parcel One . � � C%JlI_KS No^O6-20 . . Mcc Ling 86-24' QIU9P,NINSUJ,A DT]GZ00AI, OpL0 S13ACE DISTRICT Date: Oct. 22, 1986 C L REVISED ZlZ �8S Amoont 0ame Description 9122 201 ^92 AJia Services , Inc. Temporary 0[[lce Help 9123 21560.59 Ervin Alves Union Oil Jobber Fuel for District Vehicles 9124 13,20 XmeriCas Tank Rental 9125 53.40 8Nk Freight SysLeu Delivery Expense 9726 96. 17 AT&T Information Systems Group Telephone Rental 9127 399.62 Bay Microfilm, Inc. Machine Repair and Supplies 9128 1 ,920.00 B}auur Grading Road Grading--Los Gatos Creek Park 9129 80.00 California Park L kucrcoLion Annual Membership Society, Inc. � 9130 h36,43 California UaLcr Scrvico Company Water Service 9131 289^24 Citicorp Industrial Credit , Inc. Telephone Lease 9132 90.98 C |ark/ s Auto Parts Parts For District Vehicles ql ]] 230,98 Co/wmunicaLions Rcsearch Compa//y Radio Maintenance and Repairs 9134 22.63 Crest Copies , Inc. U| uu| ines and Drafting Materials 9135 i ,780.00 Dovoy Tree Surgery Compony Two Trimming 9136 lhl . /R Thu Dark Room Prints for Los Gatos Event 508-00 Dc|oiL|m, Haskins & Sclls Final Payment for Audit 9} ]8 60.20 Emer�cncy Vuh7c|c 3ysicms Radio ParLs � 9139 140. 00 Employment Development Department Unemployment Insurance Benefit Charges � � 9140 31 . 20 Federal Express Corp4raLion Express Mai ! 9141 28.56 Jean Fid6cs RcimburscmonL--Meal Conference 9142 6O.OU First American Title Company Reconvcyanco Fees--Lovell 9143 4OO,0UO.OU Founders Title Company Land Purchase--ZanJ/Kamanger 9114 358.08 Rayc Cirouar6 Patrol Services--October 9145 90.00 Mary CundorL Reimbursement--Con[erencc Registration � 9146 44.01 Hubbard 6 Johnson Field Supplies � 9147 30.00 MaLthrw Ken RulmbursemcnL--Training Materials 9148 289.65 Laurooc, Tire 3orvicu, Inc. Tires for District Vehicle . . 9149 371 . 71 Los Altos CarbaDc Company Dumstcr KcnLa\ | 9150 251 .80 Hinton /s Lumber C Supply Field Supplies � 9151 414.47 Miracle Au|o Painting Repairs on District Vehicles 9152 7h.25 Mon Cheri Rentals for Docent/Staff Recognition Event q` ` 423' 15 Northern Hydraulics , Inc. Field Equipment 9154 153. 95 Stanley Norton August and September Expenses 9155 495,49 Orchard Supply Hardware Field Supplies | | | ' CLAIMS No. 8020 Meet I ng: 86-2V Date: Oce. 22, -1986 REVISED Name Arno kin L Doscription � - ,o 150. 77 Pacific Ball Telephone Service 5157 200. 53 Pacific Gas and Electric Company Utilities 9158 4.82 Rancho Hardware Field Supplies 9159 419. 70 Real Estate Data, Inc. Microfiche Lease 9160 190.00 County of Santa Clara Radio Dispatch Service General Services Agency 9161 3,6906 County of Santa Clara Ad"It Probation Workers--Los Gatos, . Pedro R. Silva, Probation Officer Flt"e Project 9162 1 ,010.40 Signq of the Timv,� Signs 9163 400.00 Rick Skierka, LiCUHsud Land Survey Work--Zand Surveyor 9164 33-99 Skyline CounLy Water District Water Service 9165 5,911 .00 Stewart Title of California Title Insurance--Peters 9166 3,757-00 Edward A. Tunheiw, Consulting Forester Services--El Corte de Madera Forenur 9167 218.98 Typothetac� All -Site Brochure Typesetting 9168 800.00 United States Postmaster Postag(� 916.9 6 6 -.4) Unoc;-1.I Fuel for District Vehicles 086.00 Urban Accessories , Inc. Bicycle Racks 91YI 56- 70 Sandy Voorhees Private Vehicle Expense 91Y2 200. 63 The Workingman ' s Emporium uniform Expense 903 44G. 12 Xerox CorpotaLin!'� Maintenance Agruemont 9174 218. 70 Yardbdird Equipncnt Sales Field Equipnen 9175 334- 18 ZZZ Sanitation Cowpan/ Sanitation SQvices I 9176 Q 5;U000t First AmeriLan Title Insurance Land Purchase--Hosking Company 9177 350.00 B, J. Rickard Relocation Payment. 9178 131 -26 Pnty Cash Private Vehicle Expense, Typesetting, Office Supplies and Meal Conferences Meo&bg 86-26 Page five D . Hanson state& that the District ' s main interest in the property is in the trails and trail connections and said that staff recom- mende(l that. Parcel One and the open space easement on Parcel Two he withhold from dedication at this time to allow for the pots ntial sale or trade of land or trail rights in the entire Schilling Lake area. Mot ion : It . Turner moved that thQ Board adopt Resolution 86-62 , a Resolution of the Boar . of Directors of the Midpeninsula Regional Open Space DisLricL Authorizing Acceptance of AcrcemnnL to Exchange 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 ClosincI of the Transaction (Thornewood Open Space Preserve - Lands of land) . N . Hanio seconded the motion . The motion passaw 6 to 0 . Notion : H . Turner moved that the Board adopt Resolution 86-63 , a 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 Neneral Manager to Execute Any and All- Other DocimnnLs Necessary or Appropriate to Closing of the Transaction (ThornewooO Open Space Preserve - Lands of Kamargar) . N . Hanho seconded the motion . The motion passed 6 to 0 . MoL ion : H . Turner moved that the Board tentaLively adopt the Interim Use and Management Plan recommendations contained in the staff report, including naming the property interests as additions to the Thornewood Op co Space Preserve, and indicate its intention to withhold the property interests from de6icaLio" as open space at this Lime . N . Hanko seconded the motion . The motion passed 6 to 0 . VIJ . INFOW �TIONAL REPORW, H . Grench reported on the National Recreation and Parks AssociaRon Confurnnce he alLen6ed Lhe previous weekend in Anaheim. He said that the District ' s Personnel ConnuMnL , Gary Foss , had presented a talk an the Conference , which was very well attended and received . H . Crunch reported that the President ' s Commission on Americans Outdoors is in - process of tinalizing its report to the President which woulcl, Citain rocommendationR concerning park funding . H . Crunch reporked that Hennepin County in the Minneapolis area was one of Lhe hosts for the upcoming Special Park District Forum in May and stated U would be a most relevant conference to the District . He said that he hoped at least one Board member would be able to attend. H . Grench sLated that he Wends to re-appoint Christy Holloway to serve on the Peninsula Open Space Trust Board for a second term. No objection was expressed . J . Boland report-ed that a serious problem with dog packs was occurring on the Fremont Older Open Space Preserve . He said that a letter will be sent to residents in the area and that staff had contacted the Department of Fish and Came concerning the problem . Meeting 86-26 Page six D. Hansen reported that the Trail Information and Volunteer Center ' s recent trail building project ak Stevens Creek County Park had attracted over 150 volunteer trail buil6ers . N . Hcinko congratulated the Ranger staff for nolifing neighbors of a simulated airplane crash search and rescue exerci5o hold at Purisima Creek Redwoods Open Space Preserve . D. Wendin requested a $12 expanditure authorixation for the Los Altos/ Los Altos Hills Volunteer Service Award Luocheon that he would be attending in behalf of the District. Motion : Y . Duffy moved thoL the Board -au Lhorirye the expenditure of $12 for D. Wendin to attend the luncheon . R. Bishop seconded the motion. The motion passed 6 to 0 . K . Duffy reported on the Los Gatos Discovery Uke and Picnic which was hold October 12 at Los Gatos Creek Park and thanked the staff for its efforts in planning the cvenL . H . Turner commented that the now All Site Brochure was an outstanding publication . T. Henthaw reported she had represented the Board at a Deer Hollow Farm evenkon Sunday, October 19 . VTIJ - CLATMS Motion : D . Wendin moved the approval of Revise! Claims 86-20 . T . Henshaw seconded the motion . The motion passed 6 to 0 . 1X . CLOSED SESSION The Board adjourned to Closed Session at. 10 : 25 P .M. S . Norton stated WK no litigation matters would be discussnd during the Closed Session . X. ADiOURNMENT The Board reconvened to adjourn the meeLing at 30 : 58 P .M. Joan Comhs Secretary -,J)istributed 'at Board Meeting of Nov. 12 , 1986 Oat Soord of s 1tw 0 1 0 t w#s hoar# Oong With so otbors to # Ian S a�ama vo apt apt o SO* Vast" to, "�,'tofao L4 and tbo a ar "* Lot* towirommeatol t4scatioO *` 4*01 from a toosidisred partiesof Alp so Lots Sid* of AIWO Road. Tbo #10vottoo chao" frm �to late Is W W spot :. . at #1 " at At too the awl . after 0 few *1000 4 ► ' womad a� # t l„ a s t his A, ** a� air a� t ar , sbomod the lay ' oto road 4 at r=# o a0 .. apt a Oent oo, of 22200, � to tho lot s► ass f * . Ito aws b of trawol a1 this P040t. A"thor Sotbod for 0444SO, WOS OXV # as V a tl&*"4 far "*a* X $tago 2 00 a K to Sorth Sido, of Am" mw to #aat ago s t Soso o tl tad b a�; a t Sao provide a s b A � ► I ° drom & trS as 0011 mto to mosti" a sas o *or or"ainow to vi two as s", #* otttor Is tb* *a- Providlos toportusitios for **tar* tbait Page Psoplo with disabilitiecs but this 4 *X l fit * * , Vitb ,, this to *4040 t wool# l , o rows AY ovagorat 0out tho . t0 4 #4 o #0 so i that this watbV4 will polarize, h penis# t * oxtrose a ss g vi r Thorn will fm betwoom* ga or"and Umat this� # Ptak ions ea riot � w wouldbo off" 1� � 6 a r potM f trml t IC god t A grossingA' !ft* Rood t� Huto..", 1#11, 00 for P0# trr�i a + . 1r 441*4 1, Winded t tftditiosol sotesort of wdijot�. ; � + Als o l# Out Warry that tb a vor b fad �s + » 2 Tom Peoplo, 00414 »k# .: bettor than t b4t is 6 road 0 that 'gOfe swoulb; k'4OW Onto t0 ,,AaRs �Oxt s v It Is a #r of' optatan as to to t u ill litre 0*Ohio wont so � t godwrtu'44that •1t 044 always possibloA , wortb invasti I 6014#voit si *bar 4 **tilts as this approach r ks 3 OV 0 a tro gas a/ax � is * ors l 6 v s s 6tor It = *"Iva) ax is for �r � vi t1�la lna�a�r�rs. 1; still sa o s Sams, w► sod ss b vAl �s 0 ss tag r 's sir isle iisi os god spatial ups* lts w k l'A roofs I its *0' s t tho, 04# 4 % #ad albs for oir snatioulas c i 04149 outdoor isa towitiss for Wilkins is 0 vary bs*st# anging sirs t� s Alflos, s * stis *as O 00 Aeg*$$ PC/row cbrisity ►� 14410 s to RobortL . #orb 4regab f R-86-101 (Meeting 8 -27 November 12 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 3, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT : Showing of "Treasures of the Greenbelt" Discussion: I reported to you on October 8 about the con- ference sponsored by People for Open Space, "The Greenbelt' s Public Lands: The Next Twenty Years" that was held on Septem- ber 27 , 1986. A premier showing of a new excellent film "Treasures of the Greenbelt" was shown at the conference. Jay Powell, new People for Open Space Field Representative , will present the film at your November 12 meeting and describe work that People for Open Space and the Greenbelt Congress are doing. R-86-108 (Meeting 86-27 AA� *4041of November 12 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 6 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner SUBJECT: Access Facilities for Alpine Pond Area of Skyline Ridge Open Space Preserve Recommendation: I recommend that staff be directed to return in spring 1987 with a more detailed plan for parking on Russian Ridge Open Space Preserve next to Alpine Road that addresses access , drainage, vegetation , and a potential underpass route to the pond. A feasibility study for the underpass can be considered if and after the parking plans are considered acceptable. Introduction: This item was last discussed at your meeting of October 22 , 1986 (see report R-86-96 of October 16 , 1986) . Staff was asked to inves- tigate further the potential for whole access parking off Skyline Boule- vard and the implications that the various proposed access changes may have on the existing and proposed State grant projects . Discussion: Since your last meeting, staff has been in contact with representatives from CalTrans, the California State Department of Parks and Recreation grants program, the San Mateo County Planning and Public Works Departments, and a range management consultant to answer questions relating to the following topics. A. State Grant Project The project manager from the State has reviewed the District 's prog- ress on the existing and proposed grant projects and feels that staff is adequately exploring alternatives to providing public access to the Alpine Pond area. (Please refer to the attached summary of the work to be done under the grant projects.) The existing project may proceed as long as there remains the intent to try and resolve the question of providing whole access in the long term. The recently proposed restricted whole access parking area to be used by permit only is an acceptable alternative under State guidelines with the condition that the restrictions are clearly stated in the site bro- chure and in signing of the parking area. The public access projects near the tree farm and the trail project near the Alpine Pond may proceed while a final resolution of the Alpine Pond parking issue is being investigated. The project manager supports the plan to provide access in the long term from Russian Ridge and encourages the District to complete a feasibility study for the underpass as a step towards securing funding for such a project. Three potential State funding sources were identified for eventually R-86-108 Page Two implementing an underpass project. B. Restricted Whole Access Parking Initial design for the proposed whole access parking area below the ranch entrance indicates that the project could be implemented most effectively by making driveway improvements within the State 's right- of-way, but, if desired, could also be accomplished without encroach- ing on the right-of-way by following the existing access route via the aluminum gate. This alignment would result in a moderately sharp turn off the main driveway, but since the anticipated use is for passenger vehicles and small vans , there would not be significant turning-radius problems . The issue of public safety relating to driveway ingress and egress remains the critical issue. The opinion of CalTrans representatives is that permit restrictions and signing at the ranch entrance will not significantly reduce the hazard or the District 's liability because such measures are generally ignored and unenforceable. The concept of creating a four-way stop at the Alpine Road-Skyline Boulevard inter- section was also discussed. Although it would effectively slow traffic at the ranch entrance, it would also increase the hazard at the inter- section. CalTrans has a policy that stop signs are placed only when the cross traffic reaches the same volume as the State Highway. The reason for this is that when signs are placed where there is so little cross traffic the signs become generally ignored, again unenforceable, and in this case would create a larger hazard than what exists at the ranch entrance. CalTrans still encourages the District to pursue the Alpine Road alter- native but will consider facilitating public access at the ranch entrance under the condition that a median barrier is developed on the highway to prevent motorists from entering the driveway when approaching the site from the southerly direction, and requiring a right hand exit from the highway when leaving the site. This project would entail widening the road to approximately 40 feet , extending from the curve to the east of the gate to the Alpine Road intersection. The 40 foot width is necessary to provide a 5-foot-wide concrete curbed median, two 12-foot-wide traffic lanes , and 4-foot-wide shoulders. In the proposed project area, this would require extensive roadway cuts in front of the existing ranch entrance and excessive vegetation removal and filling above the pond area. Removing the vegetative screening along the southerly edge of the road would dramatically impact the pond area by exposing all the Skyline Boulevard traffic. A copy of CalTrans ' initial response of July 1986 is attached, and a written response follow-up from our meeting of November 5 , 1986 is forth- coining. Assuming we continue with the proposed whole access parking plans , the question of the District 's design review immunity procedure should be considered as well as the potential problems which may arise in the County' s review process and California Environmental Quality Act (CEQA) requirements. The Design Review Immunity procedure requires the Land Manager to certify, upon completion of a project, that pub- lic safety has been addressed and there are no known hazards as a result of the design of the project. In regards to the County's review process and CEQA compliance, it should be pointed out that the question of adequate mitigation for a potential negative impact on R-86-108 Page Three traffic may become a stumbling block which could ultimately lead to a focused Environmental Impact Report. CalTrans representatives have indicated that they will object to the project during the CEQA review process if a median barrier is not included as mitigation. C. Russian Ridge Parking Area Further planning for the parking area across Alpine Road and the underpass can be deferred until spring when the plant communities and drainage can be better analyzed. In addition, because this project at Russian Ridge is shown in the recently proposed grant, project drawings are not due at the State Architect 's office until July 1988 if the Phase One, Stage Two grant is approved. Initial conversations with a botanist and a range management consul- tant indicate that if grazing is removed from this area of Russian Ridge, as called for in the Skyline Ridge Master Plan, the plant com- position will change, and many of the low flowering plants will disap- pear and be replaced with taller grass and forb species. This is an issue which will have to be addressed in the Russian Ridge Use and Man- agement Plan, as the Skyline Ridge Master Plan recommends enhancing the the Alpine Pond fishery by removing grazing from this area to reduce the high coliform, count caused by animal defecation in the immediate water- shed. The concept of providing parking across Skyline Boulevard on the for- mer Fine property was discussed with CalTrans . Since the goal is to give access to the westerly end of Skyline Ridge and the Russian Ridge Preserve, it would not be desirable or considered safe to encourage the resulting amount of pedestrian cross traffic. Cross-walks, signs, and lights will only minimally reduce the hazard where there is a long straight downhill stretch of highway. They concur with staff 's analy- sis that the desirability of these two areas will, in time, dictate the need for public parking and safe public trail access on the west side of Skyline Boulevard. In their opinion, the District 's proposed parking area at Russian Ridge would minimize the potential congestion and pedestrian problems on Skyline near the intersection. Costs of Additional Work: The original contract cost with Landscape Architect Ortha Zebroski, to complete survey, design, and construction document work for the grant funded access facilities at Skyline Preserve was $26 ,500 . With the problems associated with both the originally proposed road between the Horseshoe parking lot and the ranch area and also the access off Skyline Boulevard in the Alpine Pond/Ranch area, the scope of the project changed and additional work was necessitated to find solutions to the problems. A summary of costs at this time is as follows : 1) Original Contract Costs Status a. Topographic survey $ 7 , 000 Completed b. Schematic design 7 ,000 Completed C. Construction documents 1) On-site improvements 8,500 Not completed (reduced $2 ,000) 2) Off-site improvements 4,000 Not completed Sub-Total $26,500 $14,000 completed ($10,500 to be done) R-86-108 Page Four 2) Addenda Costs Status a. Topographic survey $ 2 ,000 Completed b. Schematic design 8 ,000 $6250 completed $1750 not completed C. Construction documents 2 , 000 Not completed Sub-Total $12 ,000 $8250 completed ($3750 to be done) Total $38 ,500 Less ($ 2,000) From original contract, Item l,c, l Total revised cost to District when all is completed $36 ,500 $22,250 completed ($14 ,250 to be done) A further potential cost associated with the engineering feasibility for the Alpine underpass between Skyline Ridge and Russian Ridge Pre- serves is estimated to be $8 ,500. This cost would not be covered under the Zebroski original contract or addenda as it is recommended this project not be considered at this time. After having met with CalTrans once more, it appears desirable to drop the small ranch road parking lot off Skyline Boulevard. This would further reduce the Zebroski addenda items for schematic design and construction documents by $2 ,750 , bringing the total cost for the additional work by the landscape architect to $9,250. The net cost overall to the District for the contract and addenda would then be $33 ,750. SUMMARY SKYLINE RIDGE OPEN SPACE PRESERVE PROPOSITION 18 GRANTS GRANT AWARDED IN FEBRUARY 1986 GRANT SUBMITTED IN OCTOBER 1986 PHASE ONE, STAGE ONE PHASE ONE, STAGE TWO (Completed Engineering and Architec- (If awarded, detailed plans and speci- tural plans and all necessary per- fications must be submitted to State mits to be submitted to State Archi- Architect by July 1, 1988. All other tect by July 1, 1987 . Permits criteria apply as in first grant. ) usually require six months to obtain. Actual work on project must be completed within 5 years. ) ITEMS ITEMS 1. Construct Skyline (Horse- 1. Construct whole access lot shoe) entry $100 ,000 and road near Horseshoe $ 40 ,000 2 . Construct Skyline (Horse- 2 . Construct whole access shoe) parking 50 ,000 trail around Horseshoe 50 ,000 3 . Construct parking in 3. Implement Horseshoe Ranch area (was to be enhancement plan 12 ,500 whole access) 10 ,000 4 . Equestrian lot and entry 4 . Improve Skyline entry at Horseshoe 65 ,000 at Ranch area 7 ,500 5. Construct Alpine parking 5. Install signs lot (Russian Ridge) 50 ,000 (all areas) 7 ,500 6 . Construct picnic area at 6. Install gates/fences Horseshoe 8 ,000 (mostly at Horseshoe) 10 ,000 7. Construct to environmental 7. Construct Skyline trail facility at Alpine 8 ,500 (service road from Horseshoe to Ranch) 75 ,000 8. Observation platform at Alpine 12 ,500 8. Construct whole-access 9. Restrooms at both areas 50 ,000 Alpine loop trail 15 ,000 9. Install restrooms 10 . Signs , fences , gates 10 ,000 (Horseshoe area only) 25 ,000 TOTALS $306 ,500 TOTALS $300 ,000 NOTES : Items 3 and 4 are affected by access problems to the Ranch/ Alpine area. Item 7 has been down- graded to only a trail. Any excess funding for those items can be redirected to access else- where on the site, or to aid second grant, if necessary and if awarded. STATE OF CALIFORNIA—BUSINESS AND TRANSPDXTAm N AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION BOX T310 SAN FRANCISCO 44120 (415) 923-4220 July 15, 1986 Ms. Ortha Zebroski Landscape Architech 1409 Fifth Street Berkeley, CA 94710 Re: SKYLINE RIDGE REGIONAL OPEN SPACE PRESERVE ACCESS IMPROVEMENTS Dear Me. Zebroski, We have reviewed the preliminary plans for access improvements as requested in your letter dated July 2, 1986. Your proposal for the main entrance to the preserve appears to be satisfactory in regard to design features such as turning radii and sight distance. We request that 8-foot shoulders be added to the decelleration and accelleration lanes. The adequacy of other design items such as structural section, r drainage, signing and striping, etc., will be- reviewed at the time of the encroachment application. Your proposal for the service entrance has some drawbacks. As you have indicated, there is limited sight distance to the South. You have proposed a right turn only at this location. However, in the absence of a physical barrier preventing a left turn, the right turn only provision is unenforceable. We urge you to consider locating the service road entrance on Alpine Road. This would mean extending the road alongside Route 35 and "S" curve into Alpine Road. If this is not satisfactory to you, and an opening into Route 35 is the only alternative, I suggest we should meet to determine a possible solution. Sincerely yours, BURCH C. BACHTOLD Distric irector �i K C. TEDESCO Chief, Project Development P Branch R-86-106 (Meeting 86-27 November 12 , 1986) '%Ie MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 5 , 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 Dyer Property Addition to La Honda Creek Open Space Preserve Recommendation: I recommend that you adopt the Interim, Use and Management Plan for the Dyer property addition to La Honda Creek Open Space Preserve, including the naming, as contained in report R-86-46. I further recommend that you indicate your intention to dedicate the property as public open space. Discussion: At your June 18 meeting you approved the acquisition of the 250 acre Dyer property addition to La Honda Creek Open Space Preserve (see attached report R-86-46 of June 13 , 1986) . You also tentatively adopted the Interim Use and Management Plan for the addition, named the property an addition to La Honda Creek Open Space Preserve, and indicated your intention to dedicate the land as public open space. On August 7 , District staff met informally with neighbors of La Honda Creek Preserve and the Dyer property addition to discuss District inten- tions for public use of the Dyer Ranch. In accordance with the first recommendation in the Interim Use and Management Plan outlined in report R-86-46 , a public meeting has been tentatively scheduled for February 18 , 1987 to address such topics as potential access routes, parking, circu- lation, trespass, and signage. The site remains closed except by permit. Although it is not anticipated that more than one site permit per day will be requested, a temporary limit will be placed on permits to not exceed more than twenty cars in one day. Site permits will be issued through the District office. Once a permit is issued, District staff will notify the caretaker who will assist in monitoring the permit system by notifying the Ranger staff in the event of non-permit users. Permit hol- ders will be given a map indicating on-site roadside parking and regulations. 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 further for public comment. Escrow on the Dyer property closed on October 17 , 1986. R-86-46 (Meeting 86-16 fj � June 18, 1986) llIDPEN'INSULA REGIONAL OPEN SPACE DISTR'ICT REPORT June 13 , 1986 i'O: Board of Directors FROM: H. Grench, General ;~Tanager 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 Reconunendation: 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, ru-"'rorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to E2:ecute Any and -1 Other Documents Necessaryor A Closing of the �:r�--�_�--- Appropriate to _ ___s_c-yon (La Honda Creek Open Space Preserve - Lands of Dver) , (2) Resolution a t-ha Board of Directors of the Midpeninsula p u1a Regional Open Spice P , s_wic- Authorizing Acceptance', of Agreement to Purchase Opt 4 Option to a ,-chase Real Property, Authorizing Officer to Execute Certificate a_ rcceptance of Assignment of Option to District, and Authorizing General Manaccer 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) I further recommend that you tentatively adopt the Interim Use and Management Plan recommendations contained herein including naming of the site as an addition to La Ronda 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 bec6 offered :Cyl 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 I.,a Honda Creek Open Space Preserve (see attached hl�lp) At the penin- sula O* �;i Space Trust .game time, the p" P (POST) has been offered the gift of 112 . 6 adjacent acres north of this proposed acquisition , providing access to the property from Allen Road , The District would man�ige both areas . The entire 362 . 5 acre site consisting of 4 parcels is owned b Ca1v y in and Do ra ra Dyer. c most of the surrounding terrain , the property is frequently aboveatheng above 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 us c abil_a ty and impartancc 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-86-4.6 r 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 redwood:: ) , -,) , spectacular vistas , and abundant wildlife. The trails easements. also could become part of a regional network connecting La Honda Creek Open Space Preserve with El Corte de Ma- dera Creek O-,Den Space Preserve and Wunderlich County Park. A. DescriDt-i-on of the .-Site 1. Size , Location a4-1--H -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 BoulevIn.rd. Allen Road branches southwest froi: I 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 cast boundary dOwn to Skyline Boulevard. 2 . Topograohy , Gee l —, and Natural Landscape The property cantered ered around a gently rolling grassy ridge which kl- drops ste7y .moo -1-the south and east. Tributaries of La, Honda Creek - and Harrington Cae--k originate on the property. The high point of the proper_, 4 3 th- 2191-foot-elevation USGS Benchmark known z�s "Sky" anc} located on the ric.-,.":c-!top south of the homesite area. The low point is a-7=,ximately 1320 feet near the southwz st 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 e:<parlse of cpc,n in its cc"Iter provi0ting spiiicta .Jar views from, San Francisco to the beaches of Half Moon Bay. 7' ; 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 21,-, miles to the east and the inactive Pilarcitos Fault is 1�- miles to the east. 2 R-26-46 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 20100 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 r&nch. There were two main structures , now the caretaker ' V 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. Planninq ±oLsiderations 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 Bea, 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 Developmen 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 acquisI_ti'0I-) t0 try toattain a settlement of the lawsuit over easement rights on this road. Another road , known as the "skid road" , branches north from Allen Road within the gift parcel , and also continues out to Skyline Bou- levard . According to the Purchase Agreement , the Sellers will attempt to obtain a 14 foot wide partrol vehicle easement over this road before the close of escrow. Other roads on the property include a PG&E road which provides access to the 100 foot wide PG&E tower easement near the western boundary of the property. This road offers potential for connec- R-86-46 Page Four tion with old logging roads on La Honda Creek open Space Preserve. It has been surfaced with rocks and is driveable year round . An old logging road near the eastern boundary of the property also connects with overgrown roads on La Honda Creek Open Space Preserve_ ] i It also branchesWest along the meadowed ridge and ends at a rock outcrop vista paint 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 Rca-a. 2 . Structures The homesite is located near the northern boundary of the District ' s acquisition, looking out over the open meadows and backed by forest. Allen Road is paved all the way to this site . Improvements include a single story 2-bedroom, one bath house , faced with stone and en- closed by a large closed-in porch with windows on all sides . The house has oil heat and air conditioning, a fireplace, and a large walk-in refrigerator. There is an attached two car garage and adjacent two story tan;: 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 Rz�_-d below the main house is another improved area containing a 5 , C100 sO_uaf-n foot two story concrete block 8-car gar- age. The upper st_�_-V (although designed to accommodate an apart- ment) is now one large storage room and is reached by a ladder from, the outside . to the garage are a one bedroom caretaker 's house and which constituted the original ranch buildings built in the 1860 ' s ire 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 agrcelll,-nit would be draft( d by Land Management to for- malize this relationship. D. Potential Use and Manacemcnt The property, together with the existing Dis' rict land to the east, will_ offer a variety of potential recreational and agricultural opportunities . The open grassland area of the site would possibly provide rangeland fo--- limited g-azing ar.y,'! the hilltops , because of their panoramic views , undoubtedly become destination points for hikers and equestrian-,; . It is likely that the site will someday provide a link in a regional, R-1 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 by 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 initin! planning phase and preparation of the Initial Use and Management Plan which is expected to take approximately one year . 1. The site will not he cpened to the general public during the first year in order to allow sufficient time for a more comprehensive study of public access and recreational opportonities . This study will in- clude a public neighborhood workshop to address such topics as poten- tial access routes, parking, circulation , trespass , and signaqe . 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 Me) and inviting interested parties to porticipate in the planniny process will be available at the District office and distributed by the Rangers to unauthorized visitors on the site . F. Dedication I recon-Lmend 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 :L recom2-iicn(a that the property become an addition to La Honda Creek Open Space Preserve and be known by that name . R-86-46 Page Six 11. 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 partner hip. 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 do 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 to subordinated - 0 1982 , 1985 , and anticipated 1986 public note issues of the Dist_-r as well as all future public note issues . The District 's current- subordinated debt capacity is $3 mill ion. As L mentioned earlier in this report, the Dyers would also be making a gift of the 112 acres "lot 1,, to POST. The Dyers would also retain a 10 year leasehold right to the house with the surrounding 5 acres and one-hall: 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 J claim their 1 -ic note issues . The opt ionees would also quit �r interes-a _j Lot one making the POST gift transaction possibly The total acquis?t c- =-t to the District is therefore $2 .5 million with $1 . 7 millio wle in cash at Close of escrow (funds expected to come from the of the 1986 note issue) with $800 ,000 in 70 , subordinated, fz_ -_'�=omissory notes. If one includes the entire 362 acre area , the nrice averages $6 , 900 per acre. The current care 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 - available years would then be cancellabic J)y either party, with the DisL�_ictls cane tion provision based upon the need for public open space, and/or ella- 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 bccc)M'53 an unpaved road that evontuLlly 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 understFnd , the main entrance to the Dyer Ranch. The Dyers had used this road for many years and accordingly claim a prescriptive casement right. developmentwas of the Dyer RanchWhen residential 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 law suit and several cross-complaint have been filed for daiiiages . It �-:ould be, staff ' s intention to try to settle this complex lawsuit by perfecting rights on easement for patrol and maintenance purposes only. There ha-v(_, been several initial d1scUssiol" Page seV'� n along these lines , and such a settlement seems possible . The agree- r.ent before you would allow 90 -days to consummate such a settlement -r.= --' it is not possible to settle this matter as outlined , the District %..ould 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 o_ ,_*4-hers) ; 2). going ahead with the acquisition wLthout 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 ons on completion or abandonment of this transaction.. ' ^ r .a .C1 /-� �IJ1 1 nv�/�1 �\\� 4JUNDERL I CH PARK .11 EL CORTE DE MADERA OPT ION PARCELS 4 5M: \ EAR GU_C ROAD �SS5i ti': . iM \, o I .. 1 SKYLINE BLVD.' u S Silei:g} n 2s� ��., •' o Lake.; , r �� .. fir- _- r �r / •�.,- / --- -r_ �./ . ) \)- •, `` r.+i�s7 LG:4 � � .. ,\\ ��-- � - ' p - W9tfk ♦ < ' -` /`�p0`� �•� ROAD I' ALLE.N t ' GIFT• FARCE I "n (!. {! G4iE (I12 AC.) �' �iTE+ /,✓ (A� EASEMENT. (UNDER LITIJA L I•LE;aSE AR- I;� 'T�' ;,�� -'-C '',% t 'll�'' i ` �\ r• `,Ci� �l6�0 - -'� � I..,� 1� � ;� fir;- _ .`-/ f• � i e�-�,�= C PROPOSED ACQUISITION; --,H'� All- • \ SNY 1 �f`��1 f J C "Cti # �� :1-- -�i� /f C;\, 7FACE PPESI✓ Vs,-, _ !( l.. I• - / 'lam �, a' /- _ �. I 1 ,,i .�JO��•" ti,av \ _r •M1t�-" ' _ �\.i \ ��"t 1 ,r .t. - - //^ w`-• I� � `t'/,�-� •i!Cam ��\�a�?�� iht` ryII 77 "1 l ' --f l N' ;'i- I ..� • ;1. -mot- �•- ��-�/ %� !�� ,. _-� `+ r. �. �. / I EXHIBIT A - SITE tJAP 07 PROPOSED ADDITION r, TO LA HONDA CREEP. ' � . t �.k• OPEN SPACE PRESERVE R-86-104 (Meeting 86-27 November 12 , 1986) 31 WC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 4 , 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 Peters Property Addition to the Russian Ridge Open Space Preserve Recommendation: I recommend that you adopt the Interim Use and Management Plan for the Peters property addition to the Russian Ridge Open Space Pre- serve as contained in report R-86-76 and amended herein. I further recom- mend that you indicate your intention to dedicate the property as public open space. Discussion: At your September 10 , 1986 meeting you approved the acquisi- tion of the 520 acre Peters property addition to the Russian Ridge Open Space Preserve (see attached report R-86-76 of September 4 , 1986) . You also tentatively adopted the Interim Use and Management Plan for the addi- tion, including naming the property as an addition to the Russian Ridge Open Space Preserve, and indicated your intention to dedicate the land as public open space. 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 further for public comment. Escrow on the Peters property closed on October 8 . At your September 10 meeting, a neighbor mentioned the potential for tres- pass from visitors to the Peters addition. The following item should be added to the Interim Use and Management Plan : 3 . "Preserve Boundary - Please Do Not Trespass" signs will be installed at the property boundary along the roads in the western and northern parts of the property. Loop trail additions connecting the ends of these roads will be consid- ered during the review of the Use and Management Plan. R-86-76 Nlik (Meeting 86-21 i _, W 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. Ha nsen, Land Manag er; 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-E91-76 Page two _-.is acquisition represents a logical and vital extension of the boundaries' of7 -z-e 836 acre adjacent Russian Ridge Open Space Preserve. A portion of the 7�roperty is part of the three mile long grass-covered Russian Ridge, w 4 hizh Ls a prominent Skyline landmark seen from most of the peninsula. The -property will be readily accessible to all residents of the District beca�_-se of its central location. The =roject 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 , des'cnated a Scenic Road by the City of Palo Alto. Because of this visi- b-' -I --' ty, 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. C-oen 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 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 reauirement 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, '_F1-86-76 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 tothe Russian Ridge Open Space Preserve. Ii _ N �- �_- '�„ r` �� .'-'�\�O �_. � � \� 4., \ 1 Coal Creek Open Space Preserve , %� r k -_ T . ,• d � + ^_ '_Les,. �=- 1 I � AI pine Road �"� Los Trancos Open Space Presery ParcE�l l / Monte Bello Op?n Space PrP4C' Russian Rid;c� r �-•,.,,� °,.,� Open Space Preserve +_ � •�_` =_ � 1 /' �1 ""'\ f � (try, go Sky1 i n e, Ridge ` - - t Open Space Preserve ''wo l jI '/- /- _.. 1 f �_ —�.. �Yil� ♦ i'.. ..,-. ..... .. 'A. ...os.:r.�c.a�:u..3•`x.,.r._.:^4ha�].:.h.:: isi t e Map � Proposed Addition to the i Russian Ridge Open Space Preserve `(�,Scale 1" 2000' North RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRI Ir AUTH RIZING ACCEPTANCE OF PURCHASE AG EMENT - BARG N SALE, AUTHORIZING OFFICER TO XECUTE CERTI ICATE OF ACCEPTANCE OF GRANT DISTRICT, AND AU ORIZING GENERAL MANAGER TO XECUTE ANY AND ALL THER DOCUMENTS NECESSARY OR APPROPRI- ATE TO C SING OF THE TRANSACTIO (RUSSIAN RIDGE OPE SPACE PRESERVE - PET RS PROPERTY) The Board of Di ectors of he Midpeninsula Regional Open Space District does resolv as foll ws : Section One. The oar of Directors of the Midpeninsula Regional Open Space District o hereby accept and approve that certain Purchase Agreement - B gain Sale between Colin Peters et al . and the Midpeninsula Regional en Space District, a copy of which is attached hereto and by re re ce made a part hereof, and author- izes the President and appr riat officers to execute the Agreement cn behalf of the District. Section Two. e Presiden of the Board or other appro prate officer is autho zed to execu a Certificate of Acceptance to any deed (s) grantin title to said operty. Section Th ee. The General Man ger of the District shall cause to be given a ropriate notice of ad eptance and approval of agreement to selle s. The General Manager urther is authorized to exec,,-,te any and a other documents in escro necessary or appro- cr_ate to the cl sing of the transaction. Section Four. The General Manager o the District is aut:-iorized to expend up to $10 ,000. 00 to cover t e cost of title insurance, e crow fees , and other miscellaneous sts related to this transa tion. Section Five. The sum of $1 ,868 ,000. 00 is hereby ordered to be A hdrawn from the Midpeninsula Regional Open ace District 19c6 omissory Note Fund for this purchase. R-86-99 (Meeting 86-27 November 12, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 22, 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 San Jose Water Company Property Addition to Los Gatos Creek Park Recommendation: I recommend that you adopt the Interim Use and Manage- ment Plan for the San Jose Water Company property addition to Los Gatos Creek Park, including the naming, as contained in report R-86-88 . I further recommend that you indicate your intention to dedicate this property as public open space. Discussion: At your October 8, 1986 meeting you approved the acquisi- tion of the 2. 87 acre San Jose Water Company property addition to Los Gatos Creek Park (see attached report R-86-88 of September 29 , 1986) . You also tentatively adopted the Interim Use and Management Plan for the addition, named the property an addition to Los Gatos Creek Park, and indicated your intention to dedicate the land as public open space. The portion of the property adjacent to the Town of Los Gatos' Novitiate Park will be transferred to the Town at a later date. 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 further for public comment. Escrow on the San Jose Water Company property closed on October 17 , 1986. Staff has received no further public comment since that time. A major portion of the Interim Use and Management Plan items has been completed such as the Jones Road trail bypass and the signing in preparation for the public event which was held on site on October 18th. Staff received a number of letters and phone calls from mountain bicyc- lists protesting the closure of the new Jones Road trail to their use (see report R-86-88 Use and Management Plan recommendation number E5) . The matter will be presented to the Trails Council at their December meeting, and to the public at a District workshop scheduled for January 1987, both preparatory to formulating the Initial Use and Management Plan for Los Gatos Creek Park which will include trail use on the site. R-86-88 Page two A. Descri2tion of Site The property is a 33-foot-wide by 3775-foot-long strip of land running generally north and south from the northeasterly property corner of the Town of Los Gatos' • Novitiate Park property, which is one male southwest of the Town center. The strip has been owned by San Jose Water Company since 1916. The land is a steep side . slope (in places over 50% slope) with sheer rock outcroppings in the more southerly portion (except in the steepest areas) . A bench had been cut along the route to accommodate the flume. Most of the flume has already been removed by District supervised Santa Clara County court crews under a Permit to Enter granted to the District by the Water Company. In the southerly portion of the property the flume had previously been demolished by the County Sheriff' s Department. Unfortunately much of this material was scattered over the area when this section was dynamited and remains to be removed. Vegetation of the property is from the oak, bay, madrone community, with chaparral species on the more southerly portion. A chain link fence runs along portions of the east and west bound- aries of the property. The portion of the flume -right-of-way next to the Town Park (and containing the restored section of the flume in accordance with the Town of Los Gatos' historical requirements) would be trans- ferred to the Town under a separate agreement which would be pre- sented for your consideration after close of escrow. B. Current Use and Development The site currently contains the remains of the water flume. A lawsuit currently is in process against the San Jose Water Company and the Jesuits involving the family of a youth who was injured two years ago on the flume. The District will not be inheriting this case by acquiring the land on which the flume is located. C. Planning Considerations The property is located within unincorporated Santa Clara County but will be annexed to the Town of Los Gatos at the time the adjoining Los Gatos Creek Park property is annexed. The property is rated as medium on the District' s Master Plan map, a composite system of ranking lands' suitability as open space. Acquisition for open space is in conformity with both the Los Gatos and Santa Clara County General Plans. ,w D. Potential Use and M�-,.�jagPment The site should be utilized for the Jones Road bypass trail on the northerly section and absorbed into the former Novitiate property as an integral part of Los Gatos Creek Park. The flume should be completely removed on all portions of the site except for a 20-foot- long section to be retained and rehabilitated as an historic R-86-88 10 (Meeting 86-23 owl Oct. 8, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 29, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; W. Goggin, Real Property Representative SUBJECT: Proposed Addition to Los Gatos Creek Park (Lands of San Jose Water Company) .Recommendation: o endation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midgeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appro- priate to Closing of the Transaction (Los Gatos Creek Park - Lands of San ,Jose Water Company) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the property an addition to the Los Gatos Creek Park, and that you indicate your intention to dedicate the property as public open space. Introduction: On September 12,' 1984 you approved acquisition of the former Novitiate property as part of a cooperative project with the Town of Los Gatos (see report R-84-40 dated September 5, 1984) . The property is now named unofficially as Los Gatos Creek Park. Running roughly .north to south and paralleling Los Gatos Creek for a length of approxi- mately 3775 feet through the western portion of the Los Gatos Creek Park property is a 33-foot-wide strip of land totalling 2.86 acres owned in fee by the San Jose Water Company (see map attached) . This strip con- tained portions of an abandoned water flume which was built in the early part of this century. During the search for the best location to reroute the Jones Road Trail, it became evident that the flume route with its already graded bench would be ideal. This route would eliminate the need for a proposed alternative route which entailed extensive switch- backs on steep and unstable terrain. San Jose Water Company, when approached on a potential trade of the property for the District's offer to remove the old flume, accepted with the stipulation that the District may only their overhead costs for the transaction. This transaction is before you and was approved by the Water Company Board of Directors on August 20, 1986. R-86-88 Page three exhibit for the Town of Los Gatos. The San Jose Water Company will be responsible for the preservation of portions of the flume as outlined in the correspondence between the Town and the Water Company, and made a part of the attached Purchase Agreement. E. Interim Use and Mana ement Recommendations Following completion of District acquisition of the property, that portion immediately adjoining the Town of Los Gatos' Novitiate Park, containing the section of flume to be preserved,, would be trans- ferred to Town ownership (see attached letter) . 1. The District will remove portions of the old flume from the property as soon as possible. All remaining portions of the flume route will be signed as closed and fenced off at least until that portion of land which contains the flume has been transferred to the Town of Los Gatos. 2. The Jones Road bypass trail has been constructed on .the flume right-of-way. Necessary funds, estimated at $10 ,000, were available in the current budget. 3. Boundary signs will be installed on the southerly portions of the property where the land passes beyond Los Gatos Creek Park. Wildland and Trail signs will also be installed. Funds are available in the current budget and are estimated at $500. 4. Necessary chain link fencing, private p property signing, and any remaining flume material will be removed as part of routine site maintenance by District staff. 5. The newly constructed segment of the Jones Road Trail from the Town of Los Gatos ' Novitiate Park to the original trail route has been declared temporarily closed to .bycicyles under Sections 905.1 and 604 of the District's regulations. This is due to the extreme steepness and narrowness of the trail and adjacent verges , the high use by walkers and runners, as well as bicycles and the potential conflicts involved, and the number of dangerous blind curves on the route . Alternative trails to access the site from the Town run along Los Gatos Creek to the Lexington Dam and Alma Bridge Road entry. At the time of Board review of the initial Use and Management Plan for Los Gatos Creek Park, which is slated for review within the next three months, suggested alternatives or solutions to bicycle use of the Jones Road Trail will be rr-sented by staff. In the interim, staff will continue to meet local bicyclists , Town of Los Gatos staff, Midpeninsula Trai'_:; council, and other trail users to resolve and delineate the pe___a_-_vnt solution(s) to the use of the Jones Road Trail. R-86-88 Page four F. Dedication I recommend you indicate your intent to dedicate this property as public open space. The dedication would be done prior to the transfer of a portion of the right-of-way to Los Gatos. In accord- ance with Section 5540.6 of the Public Resources Code, the trans- ferred portion would remain dedicated. G. Naming I recommend that this property be named as an addition to Los Gatos Creek Park, an unofficial name that is being reviewed. H. Terms Under the terms of the agreement, San Jose Water Company is donating the property to the District. The District will pay $2000 adminis- trative costs of San Jose Water Company in transferring title. These costs include engineering, legal, Public Utilities Commission approval, mortgage releases, and escrow fees. San Jose Water Company will remain responsible to the Town of Los Gatos for the restoration and/or preservation of a portion of the flume structure as may be required by the Town of Los Gatos. � fMKI G.los &MMEN Z C �� v•_�ente �oOO r °s Jete00 `/: 18 '� R ♦fi�' �' ti \:._. E (,Ilf L0 ON. Y 899 MILL 15. ._ '+1'.l` �• � � •/. 1 ! � Z� V 5 �y°b N`NMON uXt Au wLL G�f�RFDYONa - �� -•1 • • t Of /fryry t.7 / � F �� f�\ r. /.y �. y.. �) �• r , ��)f• � 1., r ..n 'x MriM A rNi«vs i N e� e �J f Gatos Town } '•�r''�`'( Property r m.Proposed Addition _> — "MK• �I �1LEXINGEON CM7�Lm_ •� r;30 foot width Rp ;� t < wAiFR RctA[.r•' r �� - �.,.._,•Lt-_.� yLI of. , } .� _,RFc-:,r,oN o �/ }. ��I�`�L. �iG�r✓I��3 i�� ( p0 } AREA�..�\ C r LOS GATOS � ,\ I 3 7 ,.b CREEK PARK : �_ N., • / Aldercroff •`Chemeketa Part � w.L Rehm ooe r� a - X•rtLW,RY 643 , ` � i-nsz ��L IMEK I LN sir, �. CANYON AREA I -✓fl �' ttl '� � � •,.r ieoo � p Isla �.1 \ L/42o1 z � SODA SPRINGS ROAD4�— �,� � � _ L �.. 4) 04 I ^ 12°` LOS GATOS CREEK PARK AND LIMEKILN CANYON AREA, SIERRA AZUL OPEN SPACE PRESERVE �s �� '�\ , • �;. o i SCALE I" = 2000' NORTH m I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LOS GATOS CREEK PARK - LANDS OF SAN JOSE WATER COMPANY) II f M E � The Board`,,,.,of Directors of the Midpeninsula Regional Open Space District does",,eesolve as follows: ,/ Section One ,The Board of Drectors of the Midpeninsula Regional Open Space District does he ' by accept and approve that certain Purchase Agreement, between , an Jose water Company and the Midpeninsula Regional Open 'Space strict, a copy of which is attached hereto and by reference ade a part hereof, and authorizes the President and appropriate` fivers to execute the Agreement on r behalf of the District. r 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 anbropriate notice of acceptance and approval of agreement to sel s. The General Manager further is authorized j to execute any nd 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 $1,000. 00 to cover the cost of title insurance, if any, and .other miscellaneous costs related to this transaction. i i R-86-99 (Meeting 86-27 November 12 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 22 , 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 San Jose Water Company Property addition to Los Gatos Creek Park Recommendation: I recommend that you adopt the Interim Use and Manage- ment Plan for the San Jose Water Company property addition to Los Gatos Creek Park, including the naming, as contained in Report R-86-88. T further recommend that you indicate your intention to dedicate this property as public open space. Discussion: At your October 8, 1986 meeting you approved the acquisi- tion of the 2. 86 acre San Jose Water Company property addition to Los Gatos Creek Park (see attached Report R-86-88 of September 29 , 1986) . You also tentatively adopted the Interim Use and Management Plan for the addition, named the property an addition to Los Gatos Creek Park, and indicated your intention to dedicate the land as public open space. The portion of the property adjacent to the Town of Los Gatos ' Novi- tiate Park will be transferred to the Town at a later date. In accordance with your adopted Land Acquisition Notification Proce- dures , final adoption of the Interim Use and Management Plan was deferred until after close of escrow to allow further for public comment. Escrow on the San Jose Water Company property closed on October 17 , 1986, Staff has received no further public comment since that time. A major portion of the Interim Use and Management Plan items has been completed such as the Jones Road trail bypass and the signing in preparation for the public event held on site on October 18th. R-86-88 (Meeting 86-23 Oct. 8, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 29, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; W. Goggin, Real Property Representative SUBJECT: Proposed Addition to Los Gatos Creek Park (Lands of San Jose Water Company) 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, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appro- priate to Closing of the Transaction (Los Gatos Creek Park - Lands of San Jose Water Company) . h' I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the property an addition to the Los Gatos Creek Park,' and that you indicate your intention to dedicate the property as public open space. Introduction: On September 12,' 1984 you approved acquisition of the former Novitiate property as part of a cooperative project with the Town of Los Gatos (see report R-84-40 dated September 5, 1984) . The property is now named unofficially as Los Gatos Creek Park. Running roughly north to south and paralleling Los Gatos Creek for a length of approxi- mately 3775 feet through the western portion of the Los Gatos Creek Park property is a 33-foot-wide strip of land totalling 2.86 acres owned in fee by the San Jose Water Company (see map attached) . This strip con- tained portions of an abandoned water flume which was built in the early part of this century. During the search for the best location to reroute the Jones Road Trail , it became evident that the flume route with its already graded bench would be ideal. This route would eliminate the need for a proposed alternative route which entailed extensive switch- backs on steep and unstable terrain. San Jose Water Company, when approached on a potential trade of the property for the District's offer to remove the old flume accepted with the stipulation that the District pay only their overhead costs for the transaction. This transaction is before you and was approved by the Water Company Board of Directors on August 20, 1986. R-86-88 Page two A. Description of Site The property is a 33-foot-wide by 3775-foot-long strip of land running generally north and south from the northeasterly property corner of the Town of Los Gatos' • Novitiate Park property, which is one mile southwest of the Town center. The strip has been owned by San Jose Water Company since 1916. The land is a steep side . slope (in places over 50% slope) with sheer rock outcroppings in 'the more southerly portion (except in the steepest areas) . A bench had been cut along the route to accommodate the flume. Most of the flume has already been removed by District supervised Santa Clara County court crews under a Permit to Enter granted to the District by the Water Company. In the southerly portion of the property the flume had previously been demolished by the County Sheriff' s Department. Unfortunately much of this material was scattered over the area when this section was dynamited and remains to be removed. Vegetation of the property is from the oak, bay, madrone commu nity, y, with chaparral species an the mor e southerly erly portion. A chain link fence runs orlon portions of g po the east and west bound- aries of the property. The portion of the flume -right-of-way next to the Town Park (and containing the restored section of the flume in accordance with the Town of Los Gatos' historical requirements) would be trans- ferred to the Town under a separate agreement which would be pre- sented for your consideration after close of escrow. B. Current Use and Development The site currently contains the remains of the water flume. A lawsuit currently is in process against the San Jose Water Company and the Jesuits involving the family of a youth who was injured two years ago on the flume. The District will not be inheriting this case by acquiring the land on which the flume is located. C. Planning Considerations The property is located within unincorporated Santa Clara County but will be annexed to the Town of Los Gatos at the time the adjoining Los Gatos Creek Park property is annexed. The property is rated as medium on the District's Master Plan map, a composite system of ranking lands' suitability as open space. Acquisition for open space is in conformity with both the Los Gatos -and Santa Clara County General Plans. D. Potential Use and Management The site should be utilized for the Jones Road bypass trail on the northerly section and absorbed into the former Novitiate property as an integral part of Los Gatos Creek Park. The flume should be completely removed on all portions of the site except for a 20-foot- long section to be retained and rehabilitated as an historic R-86-88 Page three exhibit for the Town of Los Gatos. The San Jose Water Company will be responsible for the preservation of portions of the flume as outlined in the correspondence between the Town and the Water Company, and made a part of the attached Purchase Agreement. E. Interim Use and Management Recommendations Following completion of District acquisition of the property, that portion immediately adjoining the Town of Los Gatos' Novitiate Park, containing the section of flume to be preserved, would be trans- ferred to Town ownership (see attached letter) . 1. The District will remove portions of the old flume from the property as soon as possible. All remaining portions of the flume route will be signed as closed and fenced off at least until that portion of land which contains the flume has been transferred to the Town of Los Gatos. 2. The Jones Road bypass trail has been constructed on the flume right-of-way. Necessary funds, estimated at $10,000, were available in the current budget. 3. Boundary signs will be installed on the southerly portions of the property where the land passes beyond Los Gatos Creek Park. Wildland and Trail signs will also be installed. Funds are available in the current budget and are estimated at $500. 4. Necessary chain link fencing, private property signing, and any remaining flume material will be removed as part of routine site maintenance by District staff. 5. The newly constructed segment of the Jones Road Trail from the Town of Los Gatos ' Novitiate Park to the original trail route has been declared temporarily closed to .bycicyles under Sections 905.1 and 604 of the District's regulations. This is due to the extreme steepness and narrowness of the trail and adjacent verges , the high use by walkers and runners, as well as bicycles and the potential conflicts involved, and the number of dangerous blind curves on the route. Alternative trails to access the site from the Town run along Los Gatos Creek to the Lexington Dam and Alma Bridge Road entry. At the time of Board review of the initial Use and Management Plan for Los Gatos Creek Park, which is slated for review within the next thre e months, hs, suggested alternatives or solutions to bicycle use of the Jones Road Trail will be f_esented by staff. In the interim, staff will continue to meet local bicyclists, Town of Los Gatos staff, Midpeninsula Trai' vouncil, and other trail users to resolve and delineate the pe_..anent solution(s) to the use of the Jones Road Trail. R-86-88 Page four F. Dedication I recommend you indicate your intent to dedicate this property as public open space. The dedication would be done prior to the transfer of a portion of the right-of-way to Los Gatos. In accord- ance with Section 5540.6 of the Public Resources Code, the trans- ferred portion would remain dedicated. G. Naming I recommend that this property be named as an addition to Los Gatos Creek Park, an unofficial name that is being reviewed. H. Terms Under the terms of the agreement, San Jose Water Company is donating the property to the District. The District will pay $2000 adminis- trative costs of San Jose Water Company in transferring title. These costs include engineering, legal, Public Utilities Commission approval, mortgage releases, and escrow fees. San Jose Water Company will remain responsible to the Town of Los Gatos for the restoration and/or preservation of a portion of the flume structure as may be required by the Town of Los Gatos. I.LITI�N NO. RESOLUTION OF THE BOARD OF D CTORS OF THE MIDPENINSULA REGIONAL OPEN S ACE DISTRICT AUTHORIZING ACCEPTANCE OF P RCHASE AGREEMENT, AUTHORIZING OFFICER TO E . CUTE CERTIFICATE OF ACCEPTANCE OF GRANT T ISTRICT, AND AUTHORIZ- ING GENERAL MANAG O EXECUTE ANY AND ALL OTHER DOCUMEN ECESSARY OR APPROPRIATE TO CLOSING OF E TRANSACTION (LOS GATOS CREEK PARK - DS OF SAN JOSE WATER COMPANY) The Board of Directors o he Midpeninsula Regional Open Space District does resolve as follo Section One. The Board of rectors of the Midpeninsula Regional Open Space District does reby accept and approve that certain Purchase Agreement betw n San Jose Water Company and the Midpeninsula Regional Open S ce District, a copy of which is attached hereto and by re rence made a part hereof, and authorizes the President and appro iate officers to execute the Agreement on behalf of the District. Section Two. a President of the Board or other appro- priate officer is authori d to execute a Certificate of Acceptance to any deed (s) granting tit o said property. Section Three. The Genera Manager of the District shall cause to be given appropriate notice f acceptance and approval of agreement to sellers. The General Ma ger further is authorized to execute any and all other document in escrow necessary or appro- priate to the closing of the transac on. Section Four. The Gener Manager of the District is authorized to expend up to $1,00 . 00 to cover the cost of title insurance, if any, and .other mi cellaneous costs related to this transaction. t AIN i t r .,=#_ •. I'4t I.AnSP ;vO �� lohl°g Sum " co I 9 tot YII°S AlrwfA m. w' [._. etoss°r� rAu L5 ��_., / •/ t II I� � . 2\ o °e°y aNANNON ..�osaoN.0 =I �a � i l j f r I :• I C w !i w. .T 1 l f p3� - .�cf� cak,Pont •rr Gatos �,-- � `Town .r,�--'�..,r,_ /� _ %� -L_ rNM- \r•. . Property r mpProposed Addition - - �� r MESME oN- c wror. W� M .�30 foot width N < wArfA _IAR.:..tION AREA sue, ` \ 3.7 ,6 �1 LOS GATOS CREEK PARK : a .AldercroR _ J r1 v •� Chemeketa Park -DAR _ J Esla s IF ' ✓ y ✓ 0 c D•Holr � .. �' _ _ �►._ c t 5 r•_i . s.s t,-...i ,r-. � t7�..� . _ LIMEKILN CANYON AREA 32 � IF) �00 \ C _ T w SODA SPRINGS ROAD 4 � • 5 a � t� � +i � � �i � J`i --------------- - i',U 'r LOS GATOS CREEK PARK AND LIMEKILN CANYON AREA, luu-" ( SIERRA AZUL OPEN SPACE PRESERVE SCALE Ill - 20 ' 00 NORTH 19 of, .. n i\'! t,i/!L�1_----- .,�., it\\\.r rrr.-r'-.•rr ' ram Y R-86-98 (Meeting 86-27 November 12 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 22 , 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 California Province of the Society of Jesus Property Addition to the Sierra Azul Open Space Preserve - Kennedy Road Area. Recommendation: I recommend that you adopt the Interim Use and Manage- ment Plan for the California Province of the Society of Jesus property addition to the Sierra Azul Open Space Preserve - Kennedy Road Area, including the naming, as contained in Report R-86-83 . I further recom- mend that you indicate your intention to dedicate the property as public open space, reserving the right to allow for the possibility of the transfer of development rights on all or a portion of the property. Discussion : At your September 24 , 1986 meeting you approved the acqui- sition of the 160 acre California Province of the Society of Jesus prop- erty addition to the Sierra Azul Open Space Preserve - Kennedy Road Area (see attached Report R-86-83 of September 17 , 1986) . You also tentatively adopted the Interim Use and Management Plan for the addition, named the property an addition to the Sierra Azul Open Space Preserve - Kennedy Road Area, and indicated your intention to dedicate the land as public open space, reserving the right to allow for the possibility of the transfer of development rights on all or a portion of the property. 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 further for public comment. Escrow on the California Province of the Society of Jesus property closed on October 17 , 1986. Staff has received no public comment since that time. R,86,83 86-22 Sept. 24, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September, 17, 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; M. Gundert, Associate Open Space Planner SUBJECT: Proposed California Province of the Society of Jesus Property Addition to Kennedy Road Area of the 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 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 (Sierra Azul„ Open Space Preserve f Lands of The California Province of the Society of Jesus) . I further recommend that you tentatively adopt the Interim Use and Manage- ment-Plan recommendations contained in this report, including naming the property an addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve, and that you indicate your intention to dedicate the property as open space. Introduction: The Midpeninsula Regional Open Space District currently has the opportunity to purchase 160 acres of land south of Kennedy Road and east of Limekiln Canyon (see attached map) . If acquired, the land would link two of the three areas of the Sierra Azul Open Space Preserve; namely, the Limekiln Canyon and Kennedy Road Areas. A. Description of the Site 1. Size, Location and Boundaries This 160 acre property is located approximately three miles east of Lexington Reservoir and 1. 3 miles south of Kennedy Road. The property is bounded by the southern border of the Kennedy Road Area to the north and the pending Luckenbach property acquisition to th south (see report R-86-75 dated September 3, 1986) . Private property bor- ders the subject property to the east and west. 2. Topography, Geology and Vegetation This property contains a portion of the ridge which extends from the upper reaches of the Kennedy Road Area to Mt. El Sombroso located southeast of the subject property. The high point is 628 feet, R-86-83 Page two centrally located within the property. A second ridge forks from the main ridge toward the southwest. This ridge eventually leads to the Limekiln Canyon Area of the Sierra Azul Open Space Preserve. The ridge system on the property separates the property into three watershed systems: Limekiln Canyon to the west, Soda Springs Canyon to the south, and the Pheasant Creek watershed to the north and east. Plant life on the site consists of dense old growth chaparral com- munities on the exposed sideslopes and ridgetops. Typical plants include chamise, ceanothus, and manzanita. The cooler and damper side canyons nurture dense stands of California bay laurel trees. The transition zone from the chaparral communities to the bay tree stands also contains a few oak trees. B. Current Use and Development Development on the property is limited to a ridgetop road system. The property contains a continuation of the road from the Kennedy Road Area which follows the main ridgeline southeast through the subject property, continuing on to Mt. El Sombroso. The second road on the property fol- lows the secondary ridge to the southwest. This trail crosses private property next to the subject property but eventually leads to the Lime- kiln Canyon Area of the Preserve and the trail to Priest Rock. Wildlife value is high on the property due to the variety of plant communities on site. C. Planning Considerations The property is located in unincorporated Santa Clara County within the Los Gatos Sphere of Influence. The property is zoned Hillside (HS) . Acquisition of the parcel for open space purposes conforms with the General Plans of both Santa Clara County and the Town of Los Gatos. The Santa Clara County Trails and Pathways Plan, revised in May 1982, identifies a proposed trail corridor extending from Kennedy Road to Mt. El Sombroso and from Kennedy Road to Lexington Reservoir via Limekiln Canyon. Both trails could traverse this property. The parcel has a low to moderate rating on the District's Master Plan map, a composite system of rating the suitability of land as open space. D. Potential Use and Management The property should be maintained as a natural area to protect the integrity of the watershed. The site could play &q integral role in the regional trail system planned by the County for this area. E. Interim Use and Management Recommendations 1. Boundary plaques will be placed where appropriate. Cost is estimated at $15 with funding included in fiscal year 1986 - 1987 budget. 2. The gate and stile currently located on the northerly boundary of the property will be moved to the southerly boundary of adjacent property in which the District holds a half interest. Cost is esti- mated at $200, and funding will be included in fiscal year 1986 - 1987 budget preparation. R-86-83 Page three F. Dedication I recommend you indicate your intention 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. While the rest of Kennedy Road Area is not dedicated at this time, staff feels that any transfer or sale of District property might only occur on the lower portions of the Kennedy Road Area, and with the ability to transfer density rights retained for this property, it should be dedi--- cated in December and remain in open space for perpetuity. Lands con- tiguous to this property in the Limekiln Canyon Area are dedicated. The subject property is similar in elevation and natural aspect to the upper Limekiln Canyon lands. At the time the next annual dedicated lands report is presented to you, we will be suggesting additional upper elevation Kennedy Road Area acreage for dedication. G. Naming This property should become an addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve. It should be noted that this addition connects the Limekiln Canyon Area with the Kennedy Road Area, raising a naming issue which will be addressed during the next Use and Manage- ment Plan review for the Sierra Azul Open Space Preserve. H. Terms The Agreement to Purchase Real Property, attached to the accompanying Resolution, represents a standard District form of agreement and stipu- lates the terms of the sale. A cash payment of $320,000 ($2, 000 per acre) would be required at close of escrow. The funds for this purchase would come from the 1986 Promissory Note Issue and be charged against the New Land Purchases budget category. # •_ � � �-v ��-� � o T_- .,.fir"�'q 'i Y Q��A �—t. ��i. y ,•� •� -f Easementk �/". 1 J..,�''� � 8 ter• �►jr _ f;` ✓ r—� � �/fi ' ,� )fig �� • Qua y; Op Lik KENNEDY ROAD A � casement i Proposed Acquisition 160 acres) :n LIMEKILN CANYON I'; ram. 294 -/� I r ARE Pending f .7 Acquisit t ' " w ion ;y - •: -j' R " � SanJos - p po Pampbell2 `�' 7� ; .p { 1 c i$': ',h, r e+nrol .➢o.„r. °ter _ / T sV .u...n • 2 13 1� I ��vsoµ� ,• \,� v�u.or. ��y �� 1��' 240 //�1 � �i aratoga1��, > Lcks 6tt6 T 4�> m �+• r=,ALNAOfN 5 Ourtl(SILER _ r �� IV �'.. -MUNGTON RES. OUR AL C IfJ h •�, " q I E =. RfS.WATER Rn: _ NORTHWEST PART OF SIERRA AZUL l NATFR REC.AREA REC.AREA - 1 2 ?•� „4,' _ 10 ,;\'"W"""°ER OPEN SPACE PRESERVE „d RA.nnu�aiaR+c. Nev uRov..AA Alma 1� •ir1•r�rL 'J'OIEET[roR Twin Creek. Re,. g — ..- - 1" - 2000 ` A north .. R-86-107 (Meeting 86-27 Nlof November 12, 1986) 8 Kc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 6, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Kidwell Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directorsof 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 (Sierra Azul Open Space Preserve Lands of Kidwell) . I further recommend that you tentatively adopt the Interim Use and management Plan recommendations contained in this report including naming the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and indicate your intention to withhold the property from dedication at this time. Introduction: Two parcels of land totalling 436 acres and located southeast of Lexington Reservoir have been offered for sale to the Midpeninsula Regional Open Space District (see attached map) . If acquired, the property would become an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. The property is located within the southern portion of the District and, if acquired, would constitute the District' s southernmost land holding. A. Description of the Site 1. Size, Location and Boundaries The property consists of two parcels of land; parcel one is 358 acres in size and parcel two is 78 acres. Parcel two contains a one acre private inholding near the center of the parcel. The property is located within unincorporated Santa Clara County within the Los Gatos Creek watershed. The District's Mt. Thayer and Mt. Umunhum land holdings are located toward the northeast, Lexington Reservoir is to the northwest, Highway 17 is toward the east, and Summit Road is to the south. The property is centrally located within the burned area of the Lexington fire of 1985 . Located on the south facing slopes of the ridge system separating Hooker Gulch from the Los Gatos Creek Canyon, the property is par- tially bounded by lands of San Jose Water Company on all sides intermingled with private land holdings to the northwest and southeast. R-86-107 Page two 2. Topography, Geology and Natural Resources The property is comprised of two southwesterly facing ridges and three creek canyons. The ridges form the southern fingers to the east-west ridge system separating Hooker Gulch and the Los Gatos Creek Canyon. The creeks are un-named tributaries to Los Gatos Creek, although the southeasterly-most creek is unofficially called Cothran Creek and its canyon known as Shannon Canyon. Schultz Gulch is the central canyon, and no name is found for the northeastern of the three. Elevations on the property vary from 2716 feet at the northern ridgetop to 1000 feet at the southern point of the property. Soils on the property are of the Maymen-Los Gatos association, arising from sedimentary sandstone and shale parent materials. These soils are shallow, typically found on steep slopes and generally not vulnerable to landsliding. Two earthquake fault areas are located in the Los Gatos Creek Canyon, affecting the southern part of the property. They are the San Andreas fault zone and the Sargent fault. Most of the property was burned in the 1985 Lexington fire; however, the fire spared the riparian corridors of the three creeks. The creek canyons are vegetated primarily with California bay laurel , oaks, madrone, and big leaf maple. The southern creek canyons include redwoods amongst the mixture of other vegetation. Prior to the burn, the upper slopes were vegetated with typical chaparral species including chamise, manzanita, buckbrush, scrub oak, toyon, mountain mahogany, and coyote brush. Healthy resprouting of most of these species is occurring. The erosion hazard is very high in the burned areas due to the elimination of the protective plant cover and removal of organic matter from the soil , creating a hydrophobic soil which decreases water infiltration and increases runoff. The Santa Clara Valley Water District coordinated aerial seeding of the burned areas, which included this property, last fall. A soils monitoring study is currently being conducted on the property by the Soils Conserva- tion Service and U. S. Geologic Survey in conjunction with the Water District. B. Planning Considerations The property is located in unincorporated Santa Clara County and is zoned agricultural. Acquisition of the property for open space purposes conforms with the Santa Clara County General Plan. The County' s Trails and Pathways Plan, as revised May 1982, indicates a proposed trail in the Los Gatos Creek Canyon which could involve the southern part of the property. This proposed County trail would ultimately connect the Los Gatos Creek Canyon with Lexington Reservoir and the District' s Mt. Umunhum Area holdings via Austrian Gulch, the major canyon to the east of the subject property. An alternate route to the Austrian Gulch trail could utilize this property. The parcel has a low to medium rating on the District's Master Plan map, a composite rating of lands ' suitability as open space. R-86-107 Page three C. Current Use and Development Access to the property is from Wrights Station Road and Cothran Road near the site of Wrights, a former station for the railway which extended from San Jose to Santa Cruz several decades ago. Within parcel one are two major roads, the eastern-most of which follows Cothran Creek up Shannon Canyon. The deepest part of the canyon was unaffected by the Lexington fire and remains densely vegetated. This road cuts diagonally across the southeastern corner of parcel one con- tinuing on to an adjacent private property. Access to neighboring properties is via this road. A 40 foot easement for ingress, egress, utility lines, sanitary, and water purposes extends along the road alignment. The second road on parcel one is an open ridge road and is in sharp contrast to the tree-lined Shannon Canyon Road. It is from this road that one can gain an understanding of the size and intensity of the Lexington fire. once lined with dense chaparral , the road now stands alone on the ridge winding the full length of parcel one, beginning at the southern end of the parcel and continuing up the ridge to the northern tip of the property. Here the road adjoins a transverse ridgetop road which eventually connects easterly with the District 's holdings in the area of Mt. Thayer. At the junction of the two ridge roads, views of the developed Santa Clara Valley to the north are rivaled by views of the Pacific Ocean and Monterey Bay to the south, making this an ideal destination point for future visitors. The road system of parcel one is connected with parcel two via an east-west road which forks from the central part of the previously men- tioned ridge road. This connector road bends northward at the southern property line of parcel two, eventually forking into two directions. The northern route follows the ridge northeasterly and terminates at the creek in Schultz Gulch. The southern route leads to a road which forks and either exits the property at the point of entry at Cothran Road or follows the western creek canyon northerly out of the parcel and becomes the ridge road which terminates at Mt. Thayer. Prior to the Lexington fire approximately seven areas were developed with residences ranging from a trailer house to cabins. All but a vacant small, very rustic two-room cabin located on parcel two were destroyed in the fire. A second cabin on parcel two was destroyed in a fire several years ago. The foundation and rockwork are still standing as is an intact animal barn and small junkyard. An abandoned vehicle is located on parcel two near one of the road junctions . Parcel one contains the majority of the development, with the bulk of it occurring along the ridge road. Three previously developed areas are still in need of clean-up. A burned cabin is located in the extreme southern part of the parcel; a burned trailer is located near the junction of the ridge road and the road which connects parcel two, and a cabin and garage (again, both burned) are located further up the ridge road. A large disturbed area has been re-contoured, and the burned remnants of several structures and vehicles buried. This area is also located near the parcel two connector road and ridge road junc- tion. A large empty stone and concrete pond remains near this location. Several burned vehicles are located on parcel one. R-86-107 Page four A small grove of olive trees is located along the ridge road. They were burned but are resprouting. In addition, a small grove of Christmas trees is planted alongside the ridge road and a flattened clearing near the western boundary of parcel one. The trees were destroyed in the fire. A small earthen dam is located near the top of the ridge road. At the time of this writing the reservoir is empty. All major roads on the property have recently been graded. D. Potential Use and Development Site planning for this property would be accomplished in conjunction with planning efforts for other District properties comprising the Sierra Azul Open Space Preserve. Since this preserve consists of many non-contiguous parcels and presently has inadequate public access to most of them, the Preserve remains low on the District's Relative Site Emphasis Plan, a plan that serves as a guideline for determining the level of planning effort and development for all District preserves. Until such time as the Sierra Azul Open Space Preserve becomes more suited for public recreation, i.e. , connecting trails and areas suitable for parking, public access will be discouraged, but the land will remain open to those who can gain access without trespassing. The trail system on the property offers the potential for a variety of P Y hikes, both destination hikes to ridgetops and loop hikes. In addition, the close proximity to other District lands creates the potential for future connections. E. Interim Use and Management 1. Clean-up of the property will be completed including removal of all buildings and remnants of buildings and vehicles . Cost is estimated at $5 000 with money included in the site preparation budget for fiscal year 1986-87 . 2. District gates will be installed at the four access points to the property. Cost is estimated at $2500 with funding included in the fiscal year 1986-87 budget. 3. Property boundaries will be signed as appropriate. Cost is estimated at $150 with funding included in the fiscal year 1986-87 budget. 4. The roads will be winterized as necessary including water bar and culvert placement. Cost is estimated at $2 ,000 with funding included in the fiscal year 1986-87 budget. F. Naming I recommend that this property become an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. G. Dedication I recommend that you indicate your intention to withhold this property from dedication at this time due to its currently isolated nature in relation to other District lands. R-86-107 Page five H. Terms The attached Agreement to Purchase Real Property details the terms of the proposed transaction. The price (358 acres) would be $325 ,000 for parcel one ($900 per acre) plus a payment of $25 ,000 for a quit- claim of parcel two (78 acres) . Therefore, the total cost would be $350, 000 (an average of $800 per acre) with a down payment of $100 ,000 (28%) in cash from the 1986 Promissory Note Issue proceeds and the balance of $250,000 payable over 10 years at 6% interest, fully amortized and subordinated to present and future public note issues. The expenditure would be charged to the New Land Purchases budget category. Title to these two parcels is very involved, and the District will not be receiving unencumbered fee at close of escrow. The following sum- marizes the condition of title and probable outcome: 1. Parcel One (358 acres) - This property is still in the name of the heirs of Edward Everett Cothran, who died in 1935 or 1936 . His son, Shelley Richard Cothran, was the executor of the estate and heir to the property. Shelley Cothran died in 1984 , with Constance Kidwell being the executor of his estate and sole heir to his property (as approved by the court) . Unfortunately, the Shelley Cothran estate was closed as a "no asset" estate because the property was presumed to have been transferred under a trust agreement. However, we have determined that it will be necessary to reopen the estate, distribute the property to Mrs. Kidwell and then have her grant the property to the District. There are several complications including the fact that even though this process has been started, perfecting of title in Mrs . Kidwell' s name will take approximately six months; therefore, escrow will close based upon a quitclaim deed prior to the end of 1986. When title is perfected in Mrs. Kidwell, she will deliver and record a grant deed to the District. Additionally, there is a deed of trust which cannot be eliminated (a total of $8500) ; however, it is assumed the obli- gation has been satisfied, and if not, it is uncollectable because of the statute of limitations. In conclusion, title to the property is not ideal, but staff is confident that the District's title will be perfected without any major problems. 2. Parcel Two (78 acres) - Title to this property is much more elusive because Shelley Cothran transferred the property to Western Title Guaranty Company under a holding agreement in 1958 and in 1977 quitclaimed his interest to Mrs. Kidwell. Unfortunately, the effectiveness of that quitclaim is in question, because technically, Western Title Guaranty held fee ownership at that time. In order to transfer title, it would have been necessary for Shelley Cothran to instruct the title company to deed the property to Mrs. Kidwell . To further complicate matters, Dr. Milton E. Denmark claims to have been paying the taxes on this property for many years (although he has not occupied the property) and claims he is in possession of documents that give him color of title. None of these documents have been produced. In addition, the property is burdened with R-86-107 Page six several deeds of trust totalling over $176,000 in favor of Elaine M. Denmark as beneficiary, who apparently is the wife of Dr. Denmark. However, since he did not have a recorded interest in the property at the time these deeds of trust were put in place, their validity is in serious question. Western Title Guaranty has said that they will only deed fee title to the property when presented with a quitclaim from Mrs. Kidwell (or her successor) and Dr. Denmark (or his successor) . Therefore, the staff will close escrow and occupy the property on the District's behalf and continue its efforts to perfect title. f t ` 9 3 > -aYor G alch I > PROPOSED ADDITION PARCEL T40 PARCEL ONE P / :1 - 4 - 7$ ACRES 058 ACRES Cr !_ ".t"' �_a... �f - � C /fir f�� ` mom•:.:... �_. _ `_-' \ -_ �fCj ' i -- _ _ r �t.rirq J sm BM SS3 � 1 — C J - n SAILL'WAv L , SIERRA AZUL OPEN SPACE' PRESERVE \ i Ji • Q �i' ' \1 J� C` ��\ fJ ' ' ` MT. UMUNHU 1 AREA C =(CL\ Ldma P seta qr Ai F 1 TT - )nnn+ I 1 nino-ru mot`, RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PUR- CHASE REAL PROPERTY, 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 TRAN'- - ACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF KIDWELL) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Purchase Real Property bet,,7een Constance J. Kid,'7ell and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers Lo execute the Agreement on behalf of the District. Section Two . The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three . The General Manager of the District shall cause to be qiven appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five . The sum of $100 , 000 is here! ordered to be withdrawn from the Midpeninsula Regional Open Spac(, .,)istrict 1986 Promissory Note Fund for this purchase . AGREEMENT TO PURCHASE REAL PROPERTY This Agreement is made and entered into by and between CONSTANCE J. KIDWELL, a widow (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 equitable owner of certain real property ("Parcel One") containing approximately 358 acres and located in the County of Santa Clara, State of California; being more particularly described in the property description attached to the Preliminary Title Report Number 550350 , dated April 7 , 1986 from First American Title Guaranty Company, said Report being attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS , Seller is also the equitable owner of any and all interests of Shelley R. Cothran, deceased , in and to that certain Real Property ("Parcel Two" ) containing approximately 78 acres and located in the County of Santa Clara, State of California; being more particularly described i h n the property description attached to the Preliminary Title Report Number 551302 , 0, ted August 15 , 1985 from First American Title Guaranty Company, said Report being attached hereto as Exhibit "B" and incorporated herein by this reference; and WHEREAS, District was organized as a public agency to acquire real and personal property for public park , recreation, conservation and open space purposes in the San Francisco Midpeninsula area; and WHEREAS, Parcel One and Parcel `Two (collectively "the Property") has natural beauty, open space and recreational value currently of interest to District; and I Agreement to Purchase Real Property - Kidwell Page 2 WHEREAS, Seller desires to sell and District desires to purchase all of Seller' s right, title and interest in and to the for the consideration and on the terms and condi! ions hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual. promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. 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 upon the terms and conditions hereinafter set forth. 2. Purchase Price. The total purchase price ( "Purchase Price") for all of Seller ' s right, title and interest in and to the Property shall be Three Hundred Fifty Thousan,_! and No/100 Dollars ($350 ,000 . 00) , which shall be payable as follows : (a) A down-payment of One Hundred Thousand and No/100 Dollars ($100 , 000 . 00) to be paid in cash at the "Closing, " as defined in Section 3 hereof; and (b) A Promissory Note, in the form attached hereto as Exhibit "C" and made a part hereof , for the balance of said Purchage Price of Two Hundred Fifty Thousand and No/100 Dollars ($250 ,000 . 00) , secured by a First Deed of Trust, in an acceptable form, recorded against the Parcel One (provided, however, that said Note shall be junior and subordinate to the "Midpeninsula Regional Open Space District 1982 , 1985 and 1986 Negotiable Promissory Notes" and any and all subsequent public note issues of the District) . Said Promissory Note shall be payable at the rate of six percent (606) per annum on the unpaid bal- ance in ten equal annual installments of Thirty-Three Thousand Nine Hundred Sixty-Seven and No/100 DTlars ($33 ,1967 . 00) , or more, and continuing until said principal and accrued interest are paid in full . The first such payment is to be made on or before the first anniver- sary date of the Closing as further defined herein. Agreement to Purchase Real Property - Kidwell Page 3 3. Escrow. Promptly upon execution of this Agreement, in accord- ancc with Section 9 herein , an escrow shall be opened at First Aiiierican Title Guaranty Company, 329 South San Antonio Rd. , #8 , Los Altos , CA 94022 (415) 941-3220 or other title company acceptable to District (here- inafter "Escrow Holder" ) through which the purchase and sale of Seller ' s interests 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 par-ties , but the printed portion of such escrow instruc- tions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement , titer 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 writ-ten agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Quitclaim Deed (s) (as defined below) to be recorded in the Office of the Countv Recorder of Santa Cl ate _a County. (b) Seller and District shal-1 , 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 Quitclaim Deed (s) , in acceptable form, covering all of Seller' s right , title and interest in and to the Property as described in said Exhibits "A" and "B" . Agreement to Purchase Real Property - Kidwell Page 4 (d) District shall deposl.L into the escrow on or before thlo Closing the following: W the required C6-rti.ficate of Acceptance for the Quitclaim Deed (s) , duly executed by District and to be dated as of the Closing; (ii) the Promissory Note (Exhibit "C") , duly executed by District and to be dated as of the Closing; (iii) the Deed of Trust, properly executed and acknowledged; and J, (iv) District ' s check p�iable to Escrow Holder in the amount of One Hundred Thousand and No/10; Dollars -($100 ,000 . 00) . (e) District` shall pay for the escrow fees , a 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 Santa Clara 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 escro%,; procedures. M Seller shall cause First American Title Guaranty Company, 329 South San Antonio Rd. , #8 , Lcrs Altos , CA 94022 , or other title company acceptable to District , to be prepared and committed to deliver to District a standard coverage Joint Protection Policy of Title Insurance dated as of the Closing , insuring District and Seller in the amount of $325 , 000. 00 for Parcel One showing title to the Property vested in the heirs and devisees of EO-ward Everett Cothran , subject only to: (i) current real property taxes; (ii) the listed exceptions numbered 4 through 17 and 22 through 25 set forth in said Preliminary Agreement to Purchase Real Property -- Kidwell Page 5 Title Report attachcd hereto a,,3 E.Iibit "A" ; (iii ) tjjr)F�c ad(litic'-1,11. 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 Cisapproved 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 depo,,siting 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: (i) cause the Quitclaim Deed (s) and attendant Certificate (s) of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County and; (ii) causc the Deed of Trust to be recorded in the Office of the County Recorder for Santa Clara County. Upon the Closing , Escrow Holder shall cause to be delivered to District and Seller originals of the policies of the title insurance, if required herein, and to Seller the Promissory Note and Escrow Holder ' s check for the down payment on the Purchase Price (less Seller ' s portion of the expenses described in Section 3 (e) ) , and to District and Seller as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminate.: 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 1j t�jjitjes 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 o Agreement to Purchase Real Property - Kidwell Page 6 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 ri(.ihts 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 writi-en leases or rental agreements affecting all or any portion of Parcel One. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss , damage or expense , including costs for legal services , occasioned by reason of any such lease or rental agreement of Parcel One being acquired by District, including but not limited to claims for relocation benefits and/or payments pur- suant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and the recordation of any Quitclaim Deed (s) . 6. Seller ,,:; Representoti(Dils and Wcirranties . For the parpose of consummating the scale and purchase of Parcel One in accordance herewith , Seller represents and warrants to District that as of the date this Agreement is fully executed and as of -1--he 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 - Kidwell Page 7 Seller cand are Tegal , valid iin(l hi'l-I(I-inq oY'liga (-in-ris of Seller �ltf- ficient to quitclaim all of Seller ' s right , title and interest in and to Parcel One (Exhibit "A") to District, and are enforceable in accordance with their respective terms and do not violate any pro- visions of any agreement to which Seller is a party or by which Sel-ler .may be bound or any articles , bylaws or corporate resolution-, of Seller. 7. Perfection of Title. The parties acknowledge that the perfection of Seller ' s title to the property may depend on the reopen- ing of the Estate of Shelley R. Cothran , Santa Clara County Superior Court No 112632 , and the issuance of a decree of distribution by the court therein distributing the Property to Seller as the sole heir of Shelley R. Cothran. Seller agrees and warrants she will , without delay, cause the reopening of said estate and obtain such decree of distribution. The legal fees incurred thereby shall be borne by and paid for by District. Seller further agrees to cooperate with District in perfecting title to the Property, including , without limitation, Seller ' s willingness to sign any and all documents necessary or appropriate to the matter , in District' s opinion; and testifying , if necessary , at any court hearing or trial in which the District may bring a quiet title action , condemnation, or other request for judicial relief as deemed appro- priate by District. Any and all of such legal action (s) or other efforts of District to perfect title to the Property shall be at District' s sole cost and expense. 8 . Miscellaneous Provisions . Chc ice of Law. TI)o 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 into rpre'Cat ion of the rights and duties of the parties . Ayreet,iient to Purcl',ase Roal. Pro.-per-L-y - Kida; _,11 Pagc 0 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 er., i.tled 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 perforTrrance 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 delivcred 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. A'J" Lo 9 8 . 05 Notices . All notices , consents, wai% ��rs 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: Constance J. Kidwell P.O. Box 52 Holy City , CA 95026 (408) 353-2038 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 (41�) 949-5500 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mai (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, whichev(--:r 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 appro- priate, but any oral notice given shall not satisfy the requirement of written notic-e as provided in Ll-iis Sc-c-Liojj. Agreement to Purchase Real. Property - Kidwell. Page 10 fC 8. 06 Disclaimor of Represe-ntations . District'. and Seller agree that, except as otherwise spo�ifically provided herein, neither Seller, nor any of its employees, representatives , or agents has made any representations, warrant.. s or agrec-,,,aents 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. 8 . 07 Seyerabiiij�y . 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 provi �;ions 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. 8. 09 Waive-r. 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. Agreement to Purchase Real Property - Kidwell Page 12 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 . 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 th,-! use of any gender shall include all other genders as al--,propriate. 8 . 18 Broker''sCommission. 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. Provided that this Agreement is executed by seller and delivered to District on or before October 3 , 1986 , District shall have until November 13 , 1986 to accept and execute this Agreement and during said period this instrument shall consti- tute an irrevocable offer by Seller to sell and convey the Property III to District for thL, consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten and No/100 Doll-irs ($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 . Agreement to Purcha2e Real. Property -- Kidwell Page 11 8. 10 Entire Aqreement. 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 provision 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 assi.(Jns. 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 wri-L-ten approval, of the other party. 8 . 14 Purt'llor Documents and Acts . Each of the parties hereto agrees to execute and deliver such further docum(,rits 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 exte,,t permitted by law, on the successors and permitted assigns of the parties hereto. Purclliase Property Page 13 v,rHBRFC-F, the parties licreto have caused tjaj!, Arfrcemen-L-. to be cxecuted by tlle- ir duly authorized officers. as of the date sub- F-.crib(-.-!d herein'bel-ow. S T R 1 C'I"; SELLER: DDEN-F,-,UT_k Rr GIONAL OPEN SPACE �)^ / < < f! � � C DISTR', Constance Date. : ' APPROVED AS TO FORM: UlStanlev t c, D i s t I' c t C n ul-Ise VC)R RICCONTME'�,'.IDATION: i 7-", a Crig U i Lon- Land Acqu-isition Manager APPROVED ---`-SD President , Board of Directors ATTE'ST: DistrictClerk ----- Date: A M E I R 'Cis Ft -t American Title r varanty C'orapapa� \\\ :• ! ,L�/v C10370 SILL U�� A O215SCBASO" AVL. #100 SOUTNZA 6LVO. 32 1 SeN NTONIO R0.a� a NAMILiOAVE. CANFEtLL, G 95008 CUPERTINO.CA OW14 LALT03,CA 94= PALO ALTO,CA 44301 Subject to a minimum (406) 377-2992 (40V252.7000 4415)9414=1 (41513765050 charge reGuireo by Section 12474 of the Insurance 13 BLO330H HILL41AM JC.M ❑SAN JO3i ❑ l VITACLJ1A Cods 490 5LOSSOM HILL RO, ST$NORT H FIRST ST. 275 SARATOGA AVE.rt 1G3 SAN JOSE,CA 95123 SAN JOSE,CA 95112 .MANTA CLARA,CA WOMI (400)227-5111 (15M 2R04X3 (4A 249*611 TITLE OFFICER: Mid Peninsula Lois R. Burris 275 Distel Circle D-1 Escrow Officer: Mary Ann Wakefield Los Altos , CA 94022 Your 'so.: None shown Our Order No.: 550350 Attn: CraigBritten Property Address: 23470 Wrights Station Road Los Gatos, CA 95030 UPDATED & AMENDED Form of Policy Coverage Requested: i In response to the above referenced application for a policy of title insurance,this Company hereby reports that it is prepared to issue, or cause to be issued,as of the date hereof,a Policy of Title insurance in the form specified above,describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred i 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 r'ulicies arc attached. Copies of the Policy forms should be read.They are available from the office which issued this report. This report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a policy of title insur- ance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title Insurance,a Blnderor Commitment should be requested. Dated as of April 7 1986 at 7:30 a.m. TITLE OPEKATIONS IvtANAGER Title to said estate or interest at the date hereof is vested in: THE HEIRS OR DEVISEES OF EDWARD EVERETT COTHRAN, also known as E. E. Cothran, deceased, subject to the Administration of the Estate of said Decedent. The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE 1 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said polio- form would be as follows: SEE NEXT PAGE FORM 4298.201 (REV. 12/83) UIL Pal I 7^" Order No. 550350 Page 2 1. Taxes for the fiscal year 1986-87, a lien not yet due or payable. 2. Taxes for the fiscal year 1985-1986: 1st Installment $274.84, paid 2nd Installment $274.84, unpaid Assessors No. 558-26-006 Code Area 80-008 (Affects Pa::cel One) Taxes for the fiscal year 1985-1986: 1st Installment $144.43, paid 2nd Installment $144.43, unpaid Assessors No. 558-01-016 Code Area 80-008 (Affects Parcel Two) 3. The Lien of Supplemental Taxes, if any, assessed pursuant to f' )ter 3.5 commencing with Section 75 of the California Revenue and Taxat ,, n Code. 4. Right of the public to use as a roadway so much of the property herein described as lies within the bounds of any public road or highway. 5. Easement for the purposes stated herein and incidents thereto For Right to take water from the streams known as Schultz, Gulch and Shannon Gulch through the existing pipe lines of Grantee. Granted to South Pacific Railway Company, a California Corporation Recorded October 17, 1900, Book 235 of Deeds, page 279 Affects Northeast quarter of the Northwest quarter of Section 23, Township 9 South, Range 1 West, M.D.B. & M. 6. Terms and conditions contained in the instrument last above referred to. t, 's Order No, 550350 Page 3 7. Proceedings pending in the Superior Court of Santa Clara County, in the Matter of the Estate of Edward Everett Cothran, also known as E. E. Cothran Filed on Septe-�ber 27, 1938 Case No. 22870 Letters of Testamentary .Issued to Shelley Richard Cothran on December 18, 1938 Attorney In ' �pria Persona Address S1, Cothran, Wrights, California Telephone No: .town Proceedings pending in the Superior Court of Santa Clara County, in the Matter of the Estate of Shelley R. Cothran Filed on July 24, 1935 Case No. 112632 Letters of Administration Issued to Constance L. Kidwell Attorney David D. Bays Address 3130 Impale Dr., Suite 101, San Jose, CA 95117 Telephone (408) 374-6200 Any State Estate Tax or Federal Estate Tax due by reason of the death of Shelley R. Cothran on May 14, 1985, disclosed by Probate No. 112632. 8. Easement for the purpoes stated herein and incidents thereto For Right of way for pipe line across said lands and a right of way along same for acce:zs to dam, diverting box, and app,-i r t ennri.ae s. Granted to San Jose Water Works, a corporation Recorded : April 9, 1941, Boo' 1033, page 220, Official Records Affects : Pacel Two 9. A Deed of Trust to secure an indebtedness in the original principal sum of $8,500.00 and any other amounts and/or oblig,ations secured thereby, recorded October 17, 1955, Book 3306, page 541 , Official Records Dated October 13, 1955 Trustor Shelley R. Cothran and Florence Cothran, his wife Trustee Valley Title Company of Santa Clara County, a corporation Beneficiary William Parmer Address None shown Loan No. None shown (Affects a portion of the West of the Southwest of Section 14, T. 9 S. , R. 1W. ) Order No. 550350 Page 4 9. (continued) The Beneficial interest under the above Deed of Trust now stands of record in Russell J. Parmer, Vera Varner and Lois Parmer Tomkins by devise. By instrument recorded October 17, 1955 in Book 3306 Official Records, page 542, Shelley R. Cothran, as a Devisee under the Las Will and Testament of Edward E. Cothran, deceased, assigned all his right, title and interest to -,, �lliam Parmer as additional security for the payment of the indebtedness secured by the above de:-c' of trust, said instrument affects the following: A. The East I of the Southwest � of Section 14, Township 9 South, Range 1 West, M.D.M. B. The Northeast � of the Northwest i of Section 23, Township 9 South Range 1 West, M.D.M. excepting therefrom that certain portion thereof described as follows: Beginning at the Southwest corner of the Northwest 11 of the Northwest � of Section 23, Township 9 South Range I West, M.D.M. , running thence North 302 feet, more or less, thence East 302 feet; thence West 302 feet to the point of beginning. 10. Agreement for Permanent right of way for an automobile road Between Shelley R. Cothran individually and as Executor of thee Estate of E. E. Cothran, deceased And Mr. Alden Sage On the terms and conditions contained therein, recorded January 13, 1964, Book 6344,page 97 of Official Records. Affects As follows: "Said right of way begins at the County Road, at Wright Station over the Cothran Road, proceeds there past the Saw Mill, there past Shultz Gulch in the NE � of the NW � of Section 23, T. 9 S. , R. 1 W. , M.D.M. , there over said right of way, into Section 4, up said Shannon Canyon, otherwise known as Cothran Creek, into lands owned by Mr. Sage". 11 . Agreement for A right-of-way for ingress and egress Between Shelley R. Cothran individually and as Executor of the Estate of E. E. Cothran, deceased And Norbert C. Ertell and Pearl G. Ertell On the terms and conditions contained therein, recorded June 25, 1964, Book 6555, page 667 of Official Records. Affects Right-of-way as described in Agreement recorded January 13, 1964, Book 6344, page 97, Official Records. ry % i 1 177� J Order No. 550350 Page 5 12. Agreement for A non--exclusive easement and right of way for ingress and ingress, utility lines, sanitary and water lines, and power lines. II Between Shelley R. Cothran, Executor of the Estate of Edward E. Cothran, on behalf of and for said estate And J. E. Bean, Jr. On the terms and conditions contained therein, recorded August 3, 1970, Book 9007, page 678 of Official Records. Affects Said non-exclusive easement and right of way is located as follows: "Being located in Section 23 T. 9 S. Rl . W; M.D.M. , Santa Clara County, State of California, amended Map No. 63, San Jose Water Works Lands, filed for record on December 30, 1943 in the Official Records of the Recorder's office of Santa Clara County, in Volume 6 of Maps at pages 24 and 25, and more particularly described as the Cothran Road from its point of beginaiing at its junction with upper Wrights Station County Road, at what was formerly WriT,hts Station to the point where it first touches, or enters upon the 1, .,Is of the grantee her• i. The said lands of the grantee being described as that certain prop,.. * .1 situated within the County of Santa Clara being the NW � of the NE � of Section 233, Township 9, South Range 1, West, M.D.B. & M. , according to the official surveyor of the Un7ted States Government." Said easement shall follow the existing ro< ' known as Cothran Road and shall be forty feet in width throughout its length, as its traverses real property owned by the Estate of Edward E. Cothran, deceased, and/or Shelley R. Cothran. The easement and right of way across the lan(',s of the San Jose Water Company shall be of a width, as of record, and/or obtained by use and adverse use to date. 13. Agreement for A permanent and non-exclusive easement and right of way for egress and ingress, utility lines, sanitary and water lines, and power lines. Between Shelley R. Cothran, Executor aof the Estate of Edward E. Cothran, on behalf of and for said estate And J.E. Bean, jr. , aka Ed Bean On the terms and conditions contained therein, recorded November 5, 1970, Book 9112, page 79, Official Records. Affects The easement granted across the lands of the grantor herein is as follows: --c 0 T Order No. 550350 Page 6 13. (continued) The beginning point for the commencement of the easement and a forty foot (40' ) wide right of way herein created as follo,,� Commencing at a Westerly point on the northern most boundary of gr<-.ntee's property, being the point where the Cothran Road emerges from the lands of the grantee herein, after having traversed the Northwesterly corner of the parcel owned by grantee herein, and continues on across the lands of grantor as a generally Northeasterly direction; said easement continues from the point of beginning coursing in a generally Northeasterly direction, following the natural contour of the land on the right, or Southeast side of the granted easement for a short distance, thereafter following a circular looping course along the natural contour of the land and eventually heading back in a Southeasterly arc to intersect with the Northernmost boundary of the lands owned by the grantee herein. Said easement is for the benefit of the lands of grantee which are described as follows: The NW 14 of the NE 4 of Section 23, Township 9, South Range 1 West M.D.B. & M. , according to the official surveys of the United States government. 14. Agreem:ant for A permanent, non-excusive easement for egress and ingress, utility lines, water lines, sanitary lines, and power lines. Between J.E. Bean, Jr. And Shelley R. Cothran, individually and as Executor of the Estate of Edward Everett Cothran On the terms and co�,.ditions contained therein, recorded December 4, 1970, Book 9145, page 100 of Official Records. Affects As follows: A forty (40) foot right of way, for purposes of ingress, egress, utility lines, water lines, sanitary lines, power lines, over, across, and under the existing road across the Northwest portion of grantor's property, said existing road commonly known as the "Cothran Road". The land to be burdened with the above eas . �ent is described as follows: Said land is situated in the County of Santa Clara, and is more particularly described as: The 14W 4 of the NE 4 of Section 23, Tow,- ',,ip 9, South Range I West, M.D.B. & M. according to the Official Surveys of the United States Government from Wrights Station Road to said lands of J. E. Bean, Jr. , on, over or along said Cothran Road. IT P7 Order No. 550350 Page 7 15. Agreement for A permanent right-of-way for an automobile road Between Shelley R. Cothran' '7ndiv-.i,lually, and as Executor of the Estate of E. i'.. Cc bran, deceased And Kirk C. McFarland, Jr. arl Marceille J. McFarland On the terms :iid conditions contained therein, recorded November 5, 1971 , Book 9577, pay,,�., 645 of Official Records. Affects As follows: "Said right-of-way begins at the County Road, at Wright Station over the Cothran Road, proceeds there past the saw mill, there past Shultz Gulch in the NE � of the NW i of Section 23, T. 9 S. , R. 1 W. , MDM, there over said right--of-way into Section 14, up Shannon Canyon, otherwise known as Cothran Creek, into the lands owned by Kirk C. McFarland, Jr. and Marceille J. McFarland." 16. Notice of Violation of Grading Ordinance Section 12.10.3 By : Director of Public Works, County of Santa Clara Recorded : December 21 , 1971 in Book 9637, page 264 of Official Records. 17. Notice of Violation of Grading Ordinance Section 12.10.4 By : Director of Public Works, County of Santa Clara -recorded : July 5, 1972, Book 9912, page 64 of Official Records 18. Judgment for the amount herein stated and any other amounts due, Court Municipal Court of California, Santa Clara County, Los Gatos Facility Case No. 15361 Debtor Estate of Edward Everett Cothran Soc. Sec. No. None Shown Dr. Lic. No. Pone Shown Creditor Thomas J. MacIvor Amount $2,590.00 Entered December 3, 1980 Recorded February 18, 1981 in Book F913, page 613, Official Records Attorney Thomas J. Macivor Address 1930 S. Bascom Ave. , P5, Campbell, CA 95008 Telephone (408) 377-9070 FeN. ij It T Order No. 550350 Page 8 19 . Judgment for the amount herein stated and any other amounts due, Court Municipal. Court of California, Santa Clara County, Los Gatos Facility Case No. 15361 Debtor Shelly R. Cothran Soc. Sec. No. None Shown Dr. Lic. No. None Shown Creditor Thomas J. Maclvor Amount $85.00 Entered December 3, 1980 Recorded February 18, 1981, Book F913, page 615, Official Records 4 Attorney Thomas J. MacIvor Address 1930 S. Bascom Ave. , #5, Campbell, CA 95008 Telephone (408) 377-9070 20. A Deed of Trust to secure an indebtedness in the original principal sum of $468,204.14 and any other amounts and/or obligations secured thereby, recorded April 17, 1984, Boot: 1467, page 39, Official Records Dated April 2, 1984 Trustor Shelly R. Cothran, an unmarried individual dealing with his sole and separate property and the Estate of Edward Everett Cothran, aka E. E. Cothran, by its personal representative. Trustee Trustors Security Service, a California Corporation Beneficiary Estate of Ralph H. Kidwell and Constance J. Kidwell, an unmarried person Address c/o Conrad H. Co.,. 1, Esq. , 405 14th St. , Ste. 815, s Oakland, CA 94612 Loan No. None shown Affects Parcel Two e NOTE : There is no authorization issued in the Probate for Edward Everett Cothran for encumbering said property, nor does Shelley R. Cothran have e any interest of record in said property. i i i i j f P i t i I 44 n i Order No. 550350 Page 9 21 . A Deed of Trust to secure an indebtedness in the original principal sum of $468,204.14 and any other amounts and/or obligations secured thereby, recorded April 27, 1984, '�uok 1496, page 510, Official Records Dated April 2, 1984 Trustor Shelley R. Cothran, an unmarricd individual dealing with his sole and separate property and the Estate of Edward Everett Cothran, aka E. E. Cothran, by its personal representative. Trustee Trustors Security Service, a California Corpora! on Beneficiary The Estate of Ralph H. Kidwell and Constance J. Kidwell, an unmarried person Address c/o Conrad H. Goerl, Esq. , 405 14th St. , Suite 815, Oakland, CA 94612 Loan No. : None shown Affects : Parcel Two and a portion of Parcel One (being the East of the SW * of Sec. 14, T. 9 S. , R. 1 W. M.D.M.) NOTE: There is no authorization i.c,,-:ued in the Probate for Edward Everett Co-,hran for encumbering said property, nor does Shelley R. Cothran have any interest of record in said property. By an instrument dated April 26, 1985 and recorded May 10, 1984 in Book J334, page 1660, Official Records, the Deed of Trust recorded in Book 1496, page 510 of Official Records has been amended to correct an omission in the description of the real property described therein. 22. The effect of a Declaration of Trust record,��d December 12, 1984 in Book J107, page 553 of o"ficial Records Dated December 11 , 1984 Made by Shelley R. Cothran For the benefit of Constance J. Kidv7ell Address 21575 Norman Dr. , Los GAtos, CA 95030 AFfects Parcel Two and a portion of Parcel One NOTE: At the date of execution thereof, Shelley R. Cothran had no record interest in the property. 23. The effect of a Declaration of Trust recorded April 19, 1984 in Book J324, page 1020 of Official Records Dated April 19, 1985 Made by Shelley R. Cothran For the benefit of Constance J. Kidv Il Address 21575 Norman Drive, San Jose, CA 95030 Affects Parcel One and Parcel Two NOTE: At the date of the execution thereof, Shelley R. Cothran had no record interest in the property. 9 Y Order No. 550350 Page 10 24. The effect of the Affidavit - Death of Trustee, purporting to terminate the interest of Shelley R. Cothran, .deceased, one of the parties in that certain Declaration of Trust recorded April 19, 1985 in Book J324, page 1022 of Official Records, Affiant therein Constance J. Kidwell, was recorded May 31 , 1985 in Book J360, page 1739 of official Records. NOTE: On the date of the execution of said Declaration, Shelley R. Cothran the decedent in above Affidavit, had no interest in said property. 25. (A) The Requirement that a Decree of Distribution and Satisfaction of any State or Federal Estate Taxes be issued in Probate No. 22870 in the matter of the Estate of Edward Everett Cothran, deceased. (B) The Requirement that a determination be made that Shelley R. Cothran held any record title to property herein. C) The validity of Items 18, 19 , 20, 21 and 22 herein determined. ...... .... ;I c fi Order No. 550350 Page 11 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.) A portion of premises is shown upon that certain Map entitled, "Map of the Legal Subdivision of Sec. 14 T. 9 S. R. 1 W.", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on January 20, 1894 in Book H of Maps, page 23. C) Access to premises appears to be over Cothran Private Road as shown on a survey of San Jose Water Works Lands, Amended Map No. 63, filed for record December 30, 1943 and recorded in Volume 6 of Maps, pages 24 and 25, Santa Clara County Records. LI,-a 10� Order No. 550350 Page 12 LEGAL DESCRIPTION: Real property situated in the County of Santa Clara, State of California, described as follows: PARCEL ONE The East � of the Southwest quarter, the Southeast �, and the East of the Northeast � of Section 14, Township 9 South, Range 1 West, M.D.M. according to the Official Maps thereof on file in the office of the Federal Bureau of Land Management, approved on October 21 , 1875. PARCEL TWO The Northeast �. of the Northwest � of Section 23, Township 9 South, Range 1 West, M.D.M. , according to the Official Maps thereof on file in the office of the Federal Bureau of Land Management, approved on October 21 , 1875. EXCEPT114G THEREFROM the portion thereof described as follows: Beginning at the Southwest corner of the Northeast � of the Northwest of Section 23, Township 9 South, Range 1 West, M.D.M. ; running thence North 302 feet; thence Fast 302 feet; thence South 302 feet; thence West 302 feet to the point of beginning. ALSO EXCEPTING THEREFROM the following: All of the waters of that certain stream known as Shultz Gulch flowing across the Northeast quarter of the Northwest quarter of Section 23, Town- ship 9 South, Range 1 West, Mount Diablo Base S Meridian, in the County of Santa Clara, State of California, which can be conveyed therefrom through a one-inch pipe; also the right to construct a dam across said stream, together with a diverting boy: and such appurtenances as are approp- riate and sufficient to divert said waters into a one-inch pipe line; also the right to install a one-inch pipe line from said dam in a Southwesterly direction across the land above described; also the right to convey said water through said pipe from said lands; also the right to maintain, repair and replace said dam, diverting box, appurtenances and pipe line either in, or approximately in the present location of the dam, diverting box, appurtenances and pipe line of San Jose Water Works; also the right to keep the intake to said pipe line open and the diverting box clean and unobstructed, and to mane such alterations and repairs therein as will insure the free and uninterrupted flow of said water into and through said pipe line, and also a right of way for said pipe line across said lands and a right of way along the same for the purpose of access to said dam, diverting box, appurtenances and pipe line and for all the other purposes above set forth, as conveyed to San Jose Water Works, a corporation, by deed pursuant to the proceedings had in th(s matter of the Estate of Edward Everett Cothran, deceased, No. 22870 Pr,A)ate files „ '` de Order No. 550350 Page 13 PARCEL TWO (continued) of the Superior Court of the State of California in and for the County of Santa Clara, said deed recorded April 9, 1941 in Book 1033 of Official Records, page 220. (WE NOTE BUT DO NOT INSUnv_-WHEN DRAWING PAPERS OMIT "WE NOTE BUT DO NOT INSURE") Together with the right to travel over the traveled portion of the road from Wrights Station up the Austrian Gulch from the point where the same enters the lands of San Jose Water Works, a corporation, over and across said lands to the point where said road leaves the same, more particularly described as follows: The traveled portion of the road shown and designated as Private Road "B" on Map No. 58A, San Jose Water Works Lands, recorded October 29, 1936 in Book 2 of Maps, page 9, records of 'Santa Clar,.,. County, California, and the continuation of said road in a Northeasterly direction along the Austrian Gulch across the property above described to the Easterly line of Lot 6 of Section 24, Township 9 South, Range I West, M.D.B. & M. near the quarter section-corner in the center of said Section 24, as contained in the Agreement by and between the San Jose Water Works, a California corporation and Shelley R. Cothran, individually and as executor of the last will of Edward Everett Cothran, also known as E. E. Cothran, also known as Edward E. Cothran, deceased, and Ralph S. Cothran recorded May 27, 1940 in Book 933 of Official Records, page 397. APN: 558-26-6 & 558-1-16 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B 71 -o,sj" 0.damage,no'eq.by cost, attorneys' lees 0,expenses.0^y 0,Z"of whim a-t by reason or the following I TC, n7 1,;'snr,w- as 'elt b, the Ic-o"as of -, la. e awhw,t, That le,C,la.el,0,alseIt on "1P,MC,Ty 0,b, the but, Proceedqc b, a P,,b t Zge'c' _`.ch may its,I in I-ei,or atSP Li nC nS L,C1, hoi,cet of such Proceedings,whether or not shown by The records of luci- agC,, 0,by Inc 2 !e, i g,,:, C.C,a,nhis wn,' are not toe,w-t', In,Puh rC lecoldis r:1,noh Co,td 15,a,reta hod b,an mtoeCtidr.of the land G'by la-m;ino,,1,of pt,to-& 3 n!, i.e,,of or ca,ms tho,eC',which are not shown by the public records 4 confect, ,b,,C,,,da,,, lines,sho,lagr in area,rntrrarnmtnts.0,any 01hel fICTI e C0110CI survey.011d C110011,and W`hICt are no'show-ti, the Pub i: l7l 5 (a Onove-!ed min ng c:,-s Qc' ltst'wil,oor eepi,o,s ,patents o•m Acts auihl.7,19 line (C) !e,npnu,Cla,ehi 01 tale toTe" 6 A-, - "111, 0, ta,en,v- ., 1,11$b, CICI Inc lines Cl The area spec',ca V de&b,d h, ,ferfo,'I ji, in Schedule A.or it abili,ng s!,,c7s,noacs,avenues. canes,ateyi -IV, C, bul ho!h'hg"this paragraph shall modify or omit the extern to which the ordinary light of a,abVII,hg owle,for access 10 apli,yt,cz'y e- street.or h G',, is ns,,,o b,, this oohl:y 7 A-, law,o,-, aece o, gc�.Celia'lej�lalio, li-iud-g but not limited to Paoli ng and siog o,dLna"CSl IrS[l.ig or hogulvq o,P,ch,b I.q!ht o:C.ran:V u,t or or.mc land, o, neq,ialrn� In, Clia'acle" of men,"t, o, loaan,,Cm of an impnovernc-t now or he,ea(t erected on the land, 01 a evvai or ri o �'sn h�a - 't ,in the C o ,ons,01 area 01 the land or the effetl of an,V,o�at,on of any h la,,old na,ce or qn,e-nne,la'leii,fal.on w' P 8 P g-'s C,I, 0:'na",0. Z, glh,of pol.Cc powt-unless r.Di:(of Inc of such gI,!s apola" ,,the L"t) C record, 9 [W,c!l, he's d,e,se cias,or other mays fat created,is,lft,ed,assumed or aqd It)by the intoned lost not sr,cwn b,, The public records Inc no' Cl, S, e- Cecl"C',COC,agil b"!kr,o., IC the ,,s"'d Cla 1!f the'all[)a;E eI Po Cy o,at the Cale$,C'.III!alo,red 1, 0, s n d n o! of s 9 by theswud cle"aht to the Comp',, P'•O, 10 the date S,�h C a"a"I b'calj�,Cd rno�ipq� a 0 10 h Co., 1c, new!"q" h, 11 , "loss 0 Carnage to the 11-eo tiallha't. (di all,:h hig sa,c,ealed ilutqut h,i Date of Poi,cy.o,(el oi,ulj,hg in loss or dImyit wn:ch wb,id rrC• ,I If been susta,net-1 The insured c:a meant had been a purchaser o, lo,Value V,thCui k,how1oCqe 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE lt� Any Jz,,� •o,d'ae 0, leq,!at 01,lel.l,ng 10 V ,,romV,1d'P,oltco, i Any to,,C,,,d"a-�e or gout citing aj,o,(.,CdrV but not hrh,led 10 bu,d hg and 70,ng 'est"C.,ng w regulating n.vlohb 1,ng the occupancy.ute 01 ,e 'd 0, lhf cha'al'ef,C1 me sons or localol,.'.I C-y rhp'o�rlrhu'!how 0,he.'afic,elected on The te,o,01 Plol"T"j"Q a l't d D0,a.(,or ti,t a"a 0,e , la"Ce n,' c* he a'o is 0, a a DD 7, ,1, ,,dcd U,uf IM "� n. 'Crj,cic C`I a defecth e, h, C-Cul't"31cf:-Ies,T ng f'o, b,a v,o I.o, as o ot I ID !e C, PCi V on d- state&Ialul" I- ds fit per,den,. J�0'o!"e, t,e "S�P�''PCo_oCC r,h'oe'to IC p,ov,ded,however,that thou�113t,0n,Ch IfCOICJS the"no,Pit co-sid Ch oe onslluclnot",f P el"hasTIs of it"land To, value and ,Iho khowlecj�(,� I( "d ,I,, or-,t�o 'ICS of neoc'� stale o'locI,en" "'o, 'ja P,C!ecl,o_" "o ,; b,lidrng health or public safety u',hC,Ties R --�,,-a 3�ne,u, �ol,ct of the 0,C'C'SP 01 sot'rigkts appe,,s ,lhf L-t, 11 lecolo,a,Date of P,),.Cy hen, encuent"iml,",acl.C,u Ci,hhhl.0, oth'i _,11"s W created,Suffered assumed o,nd to by thelurrCl Cla,mbnI.(bi not known to the Company and not sr,Cw^ b, The pllti:-c leiolclls tl�!know- 10 the i,,su,od Cl,,nnahl tithe, at Date of PoIxy 0, at the date such cle-'a,I"tcl an"Iarr("interest by this nW,cy and1 d s:osed a-a-! to I",ch,pa-y Pr*d' te, he date insured�Ia-ant tvcame an ns,,1FC1 he,eurje,,(c)1!np r,r,r, o.st o�damjg-to "1 d, a,la 5 o'created S,!"eq,ch! to Dale or Pol,Cy,0, 1,; nosolg in toss or damage which would not have b,,en kusia ned 4 tr nw,eo had pa 0 1a It for the eslaite c,inht,est insured by this Policy NOTE. The ID '34 e-,e-0-fl!s 04 tx Uur ons 1 and 2 abov,-;!:be mcolpofAled into The pol.cV by ailachmell of a,Ertdu-t,ii Arh,,d,hg 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS I- evo e ci G-a,C nc: ileo,ecl is, ,I W C'%s costs,a!t,-nVls lot,and expenses resuil'hg f,c,- t.......z o", c C bowel a"o the 11 0, viol.a:,on of ., I", of gC,,e'h'e leg,lai,c 1, Th s Inn uOt, b,-,drlg and rng 0'a'a'Cel and a'st a,u • land • land ds,w� • lr.,C"-f-ls P,the land • C""'on-f-tai Doe,no,s,-,I Tr.t In n;Coverage cf,,b^d in items 12 and 13 of cn,eyd Title Risk's 2 "TIC I I,!akir the la,",b, co'del-in;�!,iv,l"S a nonce of iasg aPpears in tht Pub r tocO,di do the Po-CV Date 3 T R -, I 0 that.a�,ciemed,a`o,ed.or Ig,t l to by yo,, a Ina,a,fDw,to y o,,but ncr!!,u,, or the POl,Cy Dale Un:n&Inc, appealed ir.Vic public Itco'd, • that'is"- n ho t0t,IC you f ,-affect yo,, ,jln Ile,the PC,icy()Ile tle,s does C!I—!the lsito,a,d rn,a 1eoverag r.in Ile-F or Covered Title R sk, 4 F a ju,f liC Pal .3,,f 10'YQ'11 tie • to an,cr,cf Oat,de the we� destxe and referred to-1,firm 3 of Schedule A.o, • in st,eejs.a',vs,O,wales ,,Ina-touch you,ia,,d I,s o,c,u,,o, does not hl,l The access 01tlag",n it,,•5 of C,,ed 7,11e P ;k, SCHEDULE B- EXCEPTIONS 1,aij C- the E rrcfus cs,s-you a,e not insured iga,nsl loss CoM,attorneys'fees.10111 tIP"It'lelati-19 11011 1 A•I r -s e•es,,0,c;,of paes in 0, of the lsi,cl not Show,by the P"t, : e-ofd, 2 An, ea ,0, 1 ,,no!In b, the r,,h't s t e sli s r,o, te eo,C,a g Item of CO&d T,lle Risks 3 A f,--i,ab.;,ine land-n-ch e cc-I ii,P,-C,d cf,'in,, and T wh;cl�"feIn! by the feco,d� �,�,,duns hot hin,j the f',"J lie, 12 0 Ch,e"C4 T,11V;i sn 4 A r, cizo,1,11e IG-Ile,ono ultl-`th,1,1d Continued on Next Page 4. AtAL N LAND TITLE ASSOCIATION LOAN 1,C)LIC 170 WITH A.L.T.A. ENDIi,,SEMENT FORhA 1 COVi RAGE (AMENDED 10.1-10 and 10 17-114) SCHEDULE OF EXCLUSIONS FROM COVERAGE C r", z,u, 0,C,," nl!. top"' c, "',f.,"", !" r..gl I ai D'i IC J)"I-I D! '!ed to t"id rd cl� If,, o le-.1 11!, P _, 1,01 G. Of"11 j 11, a,'I 1,� , 7"e oco!,o, of 11 t d 1 0111 cl,a'e,(1,11,u 9 0 oa-ci oi which wid's or was a Pd"! mo-t5oqvs vtn,Iats 'e,s ii, o!-I t^i th" --d k,dfj', rr",iijd o.,�f It I,�,i T�al�rs, s,,r� us sl* of lede" szolt o' locB c- 'I( ""C's 0'sU,-h [)a,!, of J,(,L,t ("re, 1c,b, 1 , (ol !IA .41'pd I t PL t, 111s, allo-o' ci ic etse,,,T,lo. 4t1 -1, is, v c, c" 7"' e, D,-, ul Pc, I, C' iJ. NOTE 7* S a-:j 'i,i b. it le- u I 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 ii, Is, I.,.1c. I t A, -c,,c, I 'Ie'!of A d is, 11t i,.c—d 1,1. 41, o' Ic "I'c"i cj,fec� D� v .c V :)a-;,ol ka✓4Y I^ thvs, •tco'05 " V")'Cl Ide' tiall SIMII!e,dPC,d', c ,s 6, �-no- cn$!-,cj :1 1)-'c.1111•1, of mt, w'c fo` d�,e Utd h0le, 71111 i,!C' sj7. c�s c! 2() tIu j ;,,he;7•-_-,p,b 2 R rlt**kl..*_ c' fnitl la, vez,ij s c Dai. po c, s,it G is esillt c', il'i,"IJ, Ic I"- ,,,e ca7c Ii' ,,"a c 0 t,,,1- les, rt lc., Pi ho" SUE.., v ctrp e. e S. vc bs 11',$p0l: NOT L. 1,''7 64 e.,as c,s I a,ia 2 ars,, br- nco*pcali,d -,c,it b, cs,a- e-c' A 27 1 SCHEDULER T ct,5-i,,ts.1 'c! Stow ,3s ii,, n; .e,s b, the tat al, Ia.11, Tha t i,ts cr leca'j, A,, 'e:-, cla r.. ci,,a,,, so!st,, t,, 11'e P,`Dl c 1", b, jle r",Ib'c't:updl "s T", sh"'iapt .,L —I!, cl• iac!5 1,c"o rc,"- $e, d sc alG 6 A..1C la a he't'oicc'e c:,-hele,)fI, s'�s c, 5-c— j"9,f PvtI i 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70 and 10-17-M WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE T E,.. 7,e,c rt o1a A cf e,c, 1c b.,Id 11� e4 c i7: !-11 1q,, -�` �,1� i�,�",'i,v c- o 'n,I, c`a- :,"�a ,,it, C, a n a Is, I, 7 abo-,.1 m, cv of a; p C cadl c C.-_ it.C r:":tss o� 1',1 1'd L ht' u .:'lyd..I,S'... Is 'I'-cl i"I,c...I, t,ej w a : L', ol D,,!t O.i"-i1 Y. t ciIl,s"i 7 u'.'10 a, CM,e G, Si cs-d It, p"c"!I- eo ca-B';I �, d, it�1�1' P,I (-ic-I c� " a'1cvc a'Ifu'dt-o"t" I"'"'i"S...I'Is 10 w1d-I c,stwCt'cll t.I, r"I"i, is, the it NOTE of wo i's SCHEDULE B 7, e t,, ea$n, paal,one w1d lv, Th, 2 h r ,c', 5 b U b=I 'VID",L 11 d 1, aSl I 1,d a .spf "'t 1,,C L 4 �W c !c u "d ttl(" ., , v cu" t s- ev - o o, --, 'g"!w", '111", cefli 1 1,at 1 A,is au hC..2.gTh, Ihe,vof !" ghts c o.i I,, 1,,11- 6 An, a c,r gli!c,a tc,-I, hE'aC bs 'o,sr-,b, the frc .IT - is �, � �f--�•��,{'� __ /;�` 558 •1 �_'.� • Y '• ''"b ��-..ram R � t` H ) , i� 'ar � Y ��, r -gyp.r• - I / 4- S ry�,yt 1 +I:', _'Rk' �. � _'•�.►P a..��o.�px - ,-.�pf � '.a,a w� it/� •. .,� `�.d ,� �••'4lS•," Ile zr 70 • � -.. •� �" .tit y. iY �� ..,.,?� F""S � � F� .Fyi V_ f { -.tom • i /. � • z:�., � �.�„ .i �'�:Q',.�i p ':.-ei, ._'•�_:J.k2. Aft ft- —t. a• t ,a �' a PARCEE �. _ .�f- y: ! _ 4• .: =" � .., ale ' y ,�Q - „.. � __ _ t �' ( •.fr 3` �r (k.aY N ^y r lhr� ,T 1: . _' f.:_. - - ! .. !H OD-"er -'lmerges,+.;as4a'(eic'a.�:.�r.-xss�'•�^i '�� -� � '.: t., - .- '14 K(e•;�S•.'�V '.Y .rTCi"'1'. � .�... .. <� j.14 {19}G D 4 I 14 AC _ -Z2 tlt r s 443.S2 6�k MATTER OF INFORMATION ONLY, APILED FRC7!.i INFORMATION WHICH �NO LI DILIT'Y IS 1G$(�!,•F n BY 330 �� YL'i p �J1 'R IyY� c PRI:CTI(ESS O. SAiC INF0RMA-ricyR - _ .__ 2J.'_ .�,�•. t AS A MATTER OF INFORMATION ONLY. !S COMPILED FROM INFORMATION WHICK :RRECT. NO LIABILITY IS ASS',lvr`' RY i THE CORRECTNESS OF SAID INFbRMATInw { V., T 00.0 AC 00.0 AI:. 'x, MI f -Z Im...:, - Pa t�o �c - ' ; IEfJ K __. . . - rc -moo ��.!•�.;'' S C A M E R 7 C, • Title can �02 09W'13��' �'Nm D CAMPBELL ❑CUPERTINO ®LOS ALTOS ❑PALO ALTO 2155 S. BASCOM AVE. 0100 10370 SOUTH DEANZA BLVD. 329 SO.SAN ANTONIO RD.N 8 550 HAMILTON AVE. C5 CA*fPBELL, CA 95't)8 CUPERTINO,CA 95014 LOS ALTOS,CA 94022 PAL.O ALTO,CA 94301 Subject to a minimum (408) 377-2991 (408)2527000 (415)941-3320 (415)328.5050 charge required by Section 12404 of the Insurance ❑BLOSSOM HILL-SAN JOSE ❑SAN JOSE ❑ SANTA CLARA Code. 499 BLOSSOM HILL RD. 675 NORTH FIRST ST. 275 SARATOGA AVE.N 106 SAN JOSE,CA 95123 SAN JOSE,CA 95112 SANTA CLARA,CA 95050 (408)227.5111 (408)28"M3 (408)2a9-P611 Mid—Peninsula TITLE OFFiCER: Mary Wilson 375 Distel Dr. #1 EscroH Officer: Margaret Riegert Los Altos, CA 94024 Your No,: None shown Attention: Sandie• Forbes Our Order No.: 551302 Property Address: No address available Form of Policy Coverage Requested: In response to the above referenced application for a policy of title insurance,this Com,.Iny hereby reports that it is prepared to issue, o1• 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 toss 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 report. This report(and any supplements or amendments thereto)is issued solely for the purpose of faciiit-ting the issuance of a policy of title insur- ance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance.a Binder or Commitment should he requested. Dated as of August 15, 1985 at 7:30 a.m. �r TITLE OPERATIONS MANAGER Title to said estate or interest at the date hereof is vested in: WESTERN TITLE GUARANTY COMPANY, SANTA CLARA COUNTY DIVISION, a Corporation, FORMERLY SAN JOSE, ABSTRACT IS TITLE CO. , a Corporation i The estate or interest in the land hereinafter described or referred to covered b} this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contain..!in said policy form would he as folio"s: (SEE NEXT PAGE) FORM 4288.201 (REV. 12183) Order No. 551302 Page 2 II 1. Taxes for the fiscal year 1985-86, a lien riot yet due or payable. 2. A Sale to the State of California for t'axes for the fiscal year 1981-82 and subsequent delinquencies. Amount to redeem prior. to September 30, 1985 is $2,144.22. APN 558-26-002. Code Area 80-008. 3. The lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Perpetual right to take the waters out of the Western Branch of Schultz Gulch and to conduct the same through a one inch iron pipe over and across Parcel Three herein described and any other land of First Party lying between lands of First and Second Party to the land of Second Party in the Northwest 1/4 of the Northwest 1/4 of Section 23, Township 9 South, Range I West, together with the right to lay, repair and maintain such iron pipe, and right of ingress and egress, as granted by S. H. Borland to Jacob Rich, by Deed dated and recorded March 4, 1891. in Book 132 of Deeds, Page 565, reference to the Record thereof 0 is hereby made for further particulars. 5. A Right of Way leading from the Northwest 1/4 of Section 14, Township 9 South, Range 1 West, M.D.B. & M. , over and across the lands of Mahoney Cothran, and Matty to the County Road leading from Wrights to the Reservoir of the San Jose Water Co. , South of Wrights, as granted in the Deed from Henry Thompson to Santa Clara Exempt Firemen's Association, a corporation, dated March 29, 1926, recorded March 29, 1926 in Book 231, Official Records, Page 207. At the date of said Deed, the Grantor therein had no record interest in premises, nor has he since acquired any. 6. Agreement executed November '116, 1920 and recorded December 9, 1929 in Book 490 Official Records, Page 439, by and between Thomas N. Badger, First Party and E. E. Cothran, Second Party, whereby Sccond Party grants to First Party the privilege to enter upon, and (ise the road located upon the property of Sc and Party near Wrights Station. Said Agreement was also recorded September 3, 1930 in Book 527, Official Records, Page 545. 7. Easement for the purposes stated herein and incidents thereto For : Transmission and distribution of electric energy Granted to : Pacific Gas and Electric Company, a California corporation Recorded : August 4, 1949 in Boo], 1827, Official Records, Page 525 Affects : As follows: (A) Beginning at a point in the Southerly boundary line of said premj.&,. s and running thence North 4' 42' West 730 feet, more or less, t,, a point from which an iron monument marking the corner common to Sections 14, 15, 22 and 23 of said Township 9 South, Range 1 West, M.D.B. & M. , bears South 27" 32 1/2' West 820.3 feet distant ; thence North 9' 29' East 566.4 feet; thence North 10' 45' V'u ,t 1219.0 feet; thence North 15" 15' West 55 feet, more or less, to the Northerly boundary line of said premises. 1:j i "i I Order No. 551302 Page 3 7. (Continued) (B) Beginning at the most Easterly angle point of the Route hereinbefore described and designated (A), and running thence North 30 17' West 176.0 feet, more or less. 8. Easement for the purposes stated herein and incidents thereto For : Transmission and distribution of electric energy Granted to : Pacific Gas and E7 ,ctric Company, a California corporation Recorded : March 1, 1950 in Book 1936, Page 633 of Official Records Affects : As follows: Beginning at a point in the Southerly boundary line of said Section 14, from which an iron monument marking the Southeast corner of the Southwest Quarter of the Southwest Quarter of said Section 14 bears South 89* 20' East 184.1 feet distant, and running thence North 25' 30' West 57.8 feet; thence North 78' 11' West 706.7 feet, more or less, to that certain pole line route described and designated I in that certain Deed executed by First Party to Second Party dated June 13, 1949 and recorded in Book 1827 of Official Records, Page 525, records of said County of Santa Clara. 9. A Deed of Trust to secure an indebtedness j- he original principal sum of $8,500.00 and any other amounts and/or obli lions secured thereby, recorded October 17, 1955 in Book 3306 Page 541, Off,, Ial Records Dated : October 13, 1955 Trustor : Shelley R. Cothran and Florence Cothran, his wife- Trustee : Valley Title Company of Santa Clara County, a corporation Beneficiary : William Parmer Address : None shown Loan No. : None shown The Beneficial interest under the above Deed of Trust now stands of record in Russell J. Parmer, Vera Parmer Varwar, and Lois Parmer Tomkins. 10. A Deed of Trust to secure an indebtedness in the original principal sum of $15,000.00 and any other amounts and/or obligations secured thereby, recorded July 21, 1958 in Book 4126, Page 703, Official Records Dated : July 1, 1958 Trustor : Western Title Guaranty Company, a corporation Trustee : Western Title Insurance and Guaranty Company, a corporation Beneficiary : Leora K. Pellymounter, a widow Address : None show-n Loan No. : None shown The Beneficial interest of record under said Deed of Trust was assigned to Elaine M. Denmark, as Trustee by Judgment settling first and final account for the Estate of Leora K. Pellymounter, deceased, which recorded April 3, 1975 in Book B346 Page 190, Official Records, Probate No. 82267. Order No. 551302 Page 4 11. Agreement For : A Right of Way for Ingress and Egress over a portion of premises Between : Mr. Alden Sage And : Shelley R. Cothran, as Executor of the Estate of Edward E. Cothran, Deceased On the terms and conditions contained therein, recorded January 13, 1964 in Book 6344, Page 97, Official Records. Exact' location of said Right of Way is not disclosed of Record. 12. The effect of A Deed of Trust to secure an indebtedness in the original prin- cipal- sum of $65,000.00 and any other amounts and/or obligations secured thereby, recorded January 11, 1984 in Book 1222, page 669 of Official Records Dated : January 9, 1984 Trustor : Milton E. Denmark, M.D. Trustee : Title Insurance and Trust Company, a California corporation Beneficiary : Elaine M. Denmark Address : c/o 535 N. Brand Blvd. , Ste. 905, Glendale, CA 91203 Loan No. : None shown At the time of recordation, the Trustor had no record interest nor has since acquired any. 13. The effect of A Deed of Trust to secure an indebtedness in the original prin- cipal sum of $51,715.22 and any other amounts and/or obligations secure." thereby, recorded January 11, 1984 in Book 1222, page 670 of Official Records Dated : January 9, 1984 Trustor : Milton E. Denmark, M.D. Trustee : Title Insurance and Trust Company, a California corporation Beneficiary : Elaine M. Denmark Address : c/o 535 N. Brand Blvd. , Ste. 905, Glendale, CA 91203 Loaii No. : None shown At the time of recordation, the Trustor had no record inters t nor has since acquired any. 14. The effect of A Deed of Trust to secure an indebtedness in the original principal sum of $44,370.65 and any other amounts secured thereby, recorded January 11, 1984 in Book 1222, page 672 of Official Records Dated : January 9, 1984 TrLl,';tor : Milton E. Denmark, M.D. Trustee : Title Insurance and Trust Company, a California corporation Beneficiary : Elaine M. Denmark Address : c/o 535 N. Brand Blvd, Ste. 905, Glendale, CA 91203 Loan No. : None shown At the. time of recordation, the Trustor had no record interest nor has since acquired any. '710 ez Order No. 551302 Page 5 15. The effect of a Declaration of Trust executed by Shelley R. Cothran, dated August 12, 1977, to which is attached a Quitclaim Deed wherein Shelley Cothran as an individual purports to release and forever quitclaim to himself as trustee. In connection with the foregoing Dced, we note the following: Proceedings pending in the Superior Court of Santa Clara County, in the Matter of the Estate of Shelley R. Cothran Filed on : June 24, 1985 Case No. : 112632 Letters of : Not available Issued to : Not available Attorney : Not available Address : Not available Telephone : Not available Any State Inheritance Tax or Federal Estate Tax due by reason of the death of Shelley R. Cothran on May 14, 1985, disclosed by Probate No. 112632. 16. Obtaining and recording a good and sufficient Record of Survey or Parcel Map together with any and all document,-, necessary to properly establish the dimen- sions and boundaries of the premises by reason of insufficient descriptions contained in the Deeds recorded in Book 1005, at page 306, and in Book 1777, at page 297, Official Records, as the same are referred to in the description herein. u Order No. 551302 Page 6 NOTE: According to the public records, there have been no deeds conveying the herein described property recorded within si.> months prior to the da,, e hereof except as follows: NONE I h i i I i II II Order No. 551302 Page 7 LEGAL DESCRIPTION: Real property situated in the Unincorporated Area of the County of Santa Clara, State of California, described as follows: The West 1/2 of the Southwest 1/4 of Section 14, Township 9 South, Range I West, Mount Diablo Base and Meridian, according to the Official Surveys of the United States Government. Excepting therefrom that certain Parcel of land described in the Deed from Shell6y R. Cothran to Tom Graham, Junior, executor of the last Will of Tom Graham, Senior, dated April 8, 1940 and recorded October 9, 1940 in Book 1005 of Official Records, Page 306, Records of Santa Clara County, California, described as follows: A Parcel of land known as Manzanita Flat, adjoining the Fireman's Ranch and con- sisting of one acre of land. Beginning at the Northerly line of my property at a Government Stake where said line joins the Fireman's Ranch, and proceeding in a Southerly direction on said line 208 feet; thence Easterly at an angle of 90' 208 feet; thence Northerly 208 feet to the East and West line where said property joins the Fireman's Ranch; thence along said East and West line, to the Point of Beginning, and consisting of I acre of land. Said acre is located in the West 1/2 of the Southwest 1/4 of Section 14 Township 9 South Range 1 West, M.D.M. Also excepting therefrom that certain Parcel of Land described in the Deed from Shelley R. Cothran and Florence Dawson Cothran to Alejo Nunes and Eunice Nunes, his wife, dated June 28, 1948 and recorded April 25, 1945 in Book 1777 of Official Records, Page 297, described as follows: Consisting of one acre of land located on the Fireman's Rand, known as the middle cabin, with water for domestic purposes, and the right to use same with first priority, description of said one acre of land to be marked by boundaries approved by both parties hereto said one acre of land is located in the West one-half of the Southwest one-quarter of Section 14, Township 9 Range I West, M.D.B. & M. APN: 558-26-002 OWN LISTOFPRIN-i j EXCEPTIONS AND EXCLUs-10. -.j(By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1973 SCHEDULE B Te.1 r,o cy doN not rw,e ageins!loss o,cfann,;e,nor against ccists,attorneys'fees or experas,any of all Of vih,Ch aris-by reason of the following Part I I Taxes c,aSil;Sli,ols when.,e not shCn as e_S,,,9 hens by the records of any tux,rq authority ir,ol levies taxes o;assessments on real property or by the p lbl C 'd; P,uceed er by a pobl,c agency Which ma,, result in taxes 01 assessments,Or n0llcai of Such ploclied,og,,vvhethe, or not si,own by ltie net,.,I's Of such agvnci W L, the P"bhc',_„girds. 2 A,, f�:,, 0,cia s are not Shown by The public records bl)l Could be ascertain,ed by an ,iper:l�ou of th,, or by mak,n in posse., ci,, t he,,G1 q inquiry Of 3. Ea seme�l,i, C's or 0,C�wrn'.thereof,11hiell,are not shol by the pub!,r record,, 4 DIC',-Iciri,conflicts in bou,da,v lines,shortage in area.envoiChnnis')ls.01 any other facts vvh,ch a correct S."ev would and which are not Shp— b,%,,a public "Colds 5 (a) Unpaien!rd mining cia,ms (b) re,tervall os of excepi,ons in patients or in Acts author,zIng the tss'jl"Ce tf--i'A (c) water rights,claims or title to 6 Any .ghi t t:e interest,estate or ezrmellt in la'A be—nd the lines of the area sPec.f.ca!ly described Or referred 10 Sched,ite A,or entaboll ngs*,Ials,loads,a,ei,u,,,s, alleys )3�tsr'l'yS or wale ways,tit.!nouh,og in this paragraph shall Mod f, or hrnit the extent to which the ord,ra,s,right of an abutting owner for actress to Lpi,ySicajiy OPen slloe'or hl nth,latv Is by this Policy 7 Any toe O'd nan it or go'e-mertal tegulatio- (including but not mled i" b,,Jd,r,q and zoning O,Jinarrce,!rest,el-c or eni,-, o; the land, o, reVlol,nq The character,dimensions, c, f n regulating or P,oh,b Imo Iee Or,'ic, -e 0, ,, t-, �"`Ienl no, or hc'eafl�,r elected 01� the 1�11,1. or P,ca�,b,T,og,5epa-at,o, 0'a d cl,or, o aymO,.n.he dime sons,or area of the J—d.or the pffv_I of any v,olat�o,of,"V,uch I,w.old,,a r:e or regulation. 6 Pf,glils 01 v",'lent U01"j-0'�,—e,omer,tal r,firits of police power unless nonce of the exercise of such rights appears in lhi pibl�,,records 9 Dtfects,i 5,molt bran ci, d,c,jC jaims,or other matte,a (a)created,suffered,ass,,ed 01 agreed to by She ,sire(l c (b)not shown by the pub ero,ds s,od lint, 5- excluded fi or-coverage but known to the insured Llainti'll either at Do!, .,f Policy or aj the date suct,clijm,an!acci—ed i,estate or ir,tv,erit insj,tei b, this policy Or the"'Wed mc,rtgaj,and out disclosed.""'ung try the nswej cta.-arr, to the-, P'.cu In the date Such insured ficc ,,, (It esuli-q in r ,is Or da7n�tie In the 'muted C!a—,ant,(di WtBO-rg Or cfeeied s,,lasequen t to Date of or le)resulting in loss or d.m,gw not have b -,"e,ie,st,t,oed if the 1sulecf Cl?malt had t>,-,cn a r—char, or encumbrancer to,value w, krio.rrdtj- 2. AMERICAN LAND TITLE ASSOCIATION OWNEWS POLICY FORMI B- 1970 (At." "JED10-17-70 and '10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE Governmental police po—,— (o) Any 1,ordnance o amen �regulation relating to environmental protecnun. t Ar, r,,.,. O'chlinci,o go rr men legufol�ol but not tried to bo J-2 and zoning wd,ri—ce')-- -!,-g c, egotal,rig',irloh,b,lr,g the occup-1.1cy,use Or e' 01 the a-ti.01 'Erg,'aling the cha,orle,,d ,ns,o,,s c',local,O,of A,)-", ' ' e. e,,t ne 1,I Or 11eafi,,erected on land,or P-!,b,T,rrj a 0,a� n'ha ,, 1i the 0.1��S area�Ors 0, c.of the land or any pa,cef of wh cl 0 no� c,.as a pe'l to! The f a ,o:aj,o,, of I,, maj,ers excluded under (a), lb,of (c) u,,t ss ncl,ce of a defect,1,--or euc--b ttncf• a V,COA7,0,ho,t— e Jed or Dole u;Pe ry n ih records in which under state statutesdeeds rnu,jp "gs,1,pdv,ns,Lens ci, roel,C.111 �,,Ices must be—ordvel o cc-is -,-1t1L1r1,1e llc!�cp to Of the land for value and W l"01A kno-!odgl:Pro—J,d, 11,ar v, 'o '; cpngYUed to c Je ec( cs ,a'y ci It'v of fecivra! state or local en—oz,! nq,h.- ;rI t o no,bi, 2 lo,glli,c!el,lalt dola- nuiice of the axe c,se of such rights appears in the p,o,c"cold,at D,,l,ofl Poi,c, 3 Defects ' t-con"Wan.-S,ad—;P c �—s,or other matters(a)created.suffered,assumed or ag,Pe 1)d u� , the.-u'ed c a w"!�f!Ll n kn(w,!o The Como nv af.d—I s.D., by tne O'b c records but krr-- to the insured c1.11mant either it D to OfI c cy Or at the dole s-11 eta ma rq, ad a,v'i—, or nle,ks!b, 1"', -d r0, d:s0cliec- , ,,i-9 by the "Ured Cie`4- 10 the COMPAnY PFIOF 10 the t''!a SLICI` .su,ed cto—iani beta. ',—"i"'ed here *der:(c) ls.ft-g in Oc loss or to the ' insured c z -r--i id) a!ldci''2 o cleared subsequent to Dale of Policy,o (r; faiull nq r,loss Of ckl`,a,e vvh ch would r>oi rave been sis:a ned if the insured cia,man:i a<l paid v, u.fi_-1 e estate or "Te'elt irsared by th s policy. 94 NOTE I nee 10 17 64 of e.c�ws,rans 1 and 2 a1%-,,e—1:be co,po,a!�cf 11TC,the oohcy by alt,,ch—i f i,n '1ndo,Sv—n1 Arriend,r)ia Pol,cy',errawsern-1 PA 27 1 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1979 EXCLUSIONS In adJ c tt,ih2 r,L-"Cale Rr Yo-are n01`SU'ad i+giurrlt loss.COsIS,attorneys'1—s and v.p—se, Irc-, I Go .,me pc,'— P war, and :he existence of violation of any law or gisvc—meni rc,6,,!at,o') This nC!-d,s bu J ng o,d 2011,19 ordinances and W;o laws —d egw,r o-,co,ce,n,nJ • land use • land&yis,c, • l`—*"Ielit,"',the land l Tn,s x.us.en does n��i I-1 the---19 cl,leflge d it b�d ,Items 12 cad 13 1,'Co,eled T,tie fi,lsl, 2 The 7o like thear�J by c,—d--i-g i,ei,i"s oot,ce of taking appears in the public records on the Policy Date- 3 T,I,e li,s- • tha7 ti*e cli'l-1171,allowed,or agreed to by vo,r • trizi are 1kn7,,,, to you,but not to us,on the P'111C, bate Intel'-l'etv APPea,rd in the p,b',c records • that result ,, ,,loss to you • th at f,'st ai�lr vo.0 t of after the Pr,',.y Date this does u,z lima the lobo,jir,d Mal"Lsf 1,"coverage in train R of Co,e,,d J,T,C,Risks 4 Fir Tir, tC ,ay—f— -You,1, e 5. Lack 0 aJhl • TO Iry lend c.,!,de the area pec,fi-a-'V descried and lei-Iled to In lien,3 of A,or • -st,eels,a!lev"w"'Te"3es that lo.ci,you,laird Th s t.c4-or,does nci —1 the access coverarge 11 lie,5 of Cl,ve,,J T,Ve Risks SCHEDULE B- EXCEPTIONS in add 1'c' it,the F- you ve,oi,mi—dl against i0ls,costs, fee,,,and from I Any nghts, -ir,es!s or dams 01 pa,z,es"possession of the land no,,0,0— Pubis the records, 2. Any ecs—e,ts r,i,tns not she.,b, ite public record, This excepi,on cesei not 1.mij the in lie,-8 of Covered T,i1v Flnks 3 An, far!s tib-,jt T', and which a cr,iect sillvi,Would cl,lciosv and which are not shown by the pib!,c records. Tl,s on cons not hroot tl,,f�ued" oval Lo—ag in Itern 12 of Covered T,tle Risks 4 Any ware,r ynts,lja Tens 01 1-tic to c-ol under:1ov land. Continued on Next Page FORT'428F: 1 (REV.3 851 4. ANA -AN LAND TITLE ASSOCIATION LOAN POLIc 1970 VATH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70 and 10-17.8,1) SCHEDULE OF EXCLUSIONS FROM COVERAGE ,l A, I- I"a"q u It Oc�l hl-I'd I" -d 0 0,niq,-ilaii,�j 0'j,,Oh,b,T,,,9 the il�cnipj"(Y,I,,(, 0' Ir It 0, If-Iw'd,or r"qu1jr ng Till' it of mpr--j o 01,111"t-0 oc"",cll,nge In The d m""0,15"t art ,, ,f If, "'le "h"t,1h, "d!,Or if h-caft-i-ected on the 'wl,.,p,ot,,bItIr;g a -i any ""tal On Of th" I rch,o.�,!u-- (t),o- (0 at...ve-t ss n Of a d•f-11,I l'C,' ?'C-mblari-e 1111!1"19 ffO-a hw�bra. 'ece'd.d at Dal ef po!"v 0 ^,ht c d. -h-ch-dr, sr,,i, r,'-nd l'u",,,oil-tale'Ocumbia,ce,must b-reco'dI.J n Old"To OOil' ,-, to,P-c ot !I�l,!,�.)d f- 'Ind" �u o I� t k- ,,lldjE.p-1-d 1-112 0 ,d. -c". 1"! -0,record,shw! ,of bt,nor s`ru"d t71,elude`,Vcords I)wly Of,he off ct�,of 1pd state cl, oz,•env O-Iv IT,,,p-O( 10,101y,bu,0,1,g,hey if.or P,,b;,( S��f,,ty-ThIr-1 2 R,T;Jr,;, do 11i-untess core of of suer. ,,III,pubis"'c"'d,at L).,'('of Po''Tv 3 -I,, c (oc i sIt"d Jzo Lit ,'&,,Trl(Iol Ool known to In,, ,,d not h o p,�b'c "co,d,Lr,T k"o"I jo IfIt (�.,.�, , I r t fCy e. , a Q dr'e s I)I i C,I In it,rest acqU -,,,-ed I-,i l .of d s r i Ii !IIt ,,f",Ir, P�,("a11"t -"-d O'l morlt bcli,omv W, T-Isu-d tql,�o-du,(0 lv,�o� L-vq� i. Ill., tf.d I() DX Ot P< y (t-epl i(, the cxi-t lo-farIct, Is afforded h-c 10 any 1`11,11tl-l! 0, :h, <x -T f", s.r -P O-r-js undo, or cortnp'e,rd a! 0.1- Of 4. 1, Of I,),. 'e"of :h, ,nsuetllo D" If Policy 01 riy q of Tire Od,bj,d,S,TO c(f,;vw,jh ari.-I dit Ity tl,,s'Iesl' la-Of th, "I-I d NOTE, Tnc• 10 1764 a-0 2 b, 1")!r,,b, 0 T i A 27 1 5. AMERICAN LAND TITLE ASSOCIATION' OWNERS POLICY FORM B- 1970 (AMENDED 10-17-70 and 10-17-34) W11 H REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COV RAGE 1. la0 Go--cr,fal p,hce puwc- (L) Any law,ord ,-cc or qovr,rumen t,,! el, (c, AOy'liaw, old Ial-w ego '19 .cl7 I'l.,'!lo t�j, !,-g x.d zo,�0 1 ord eg c"p,OhIb,I,Oq the occulb-cy. s,, &I ? jcVme 11 0' The 0,Td,0, thf ,Tr, t dl,--s(--or ol wry Impt""ln"'l'"I"-h1`l,-,fIe1 erect ld of,The I-IJ,or ploh,bIt,nq a s,P,,,,T,Dn Irl own.. s'l a 0'&' cl- -qe-me ,� w,s 0,i-"of tf W rI and arly "'d....... p",I ' io 0'ld) The efftct of any Moat of III. .....Tiers vl ad t o (11. Ill (I.)olboll. of dtfe,i,I�.�n("VICoffil)-ance resultIO9 from a violalion has 6 er, eco,d-d at D i,-Of PuI,,y I, jhos, f-O,d, ,I't-h und" "ail,s1,,,t!l',rj'-J�, ' p'-d(I's, E-11 0'011'10fe Encumbrances must bc ecord,a I,,order To "p"'! rrol",'TO W ltl�l li-t!To' a,,d I!'U1,T lrr`-Ill�lg'• ha" !hal-I l hmlaCo t,such records st,.11 not be construed to Oct.d,OT:0-cs�r any of the 01 state o 1, v-rO1lr-,c,1I!,,I 11(Illlt"I".Z.1, t.0 d a:th C" safcty R,gl,i,of-"itni do,al,r, tt.!-of 1"' ate of cy ;,d,c-,,cl3-s.or o.r rnouvr11 -ffl�k,j, C,, oj I,or, hem t ect man t,(b)not kill to The Co,pa,,•and net show,by Ih- but 1,Iow- i�,the 5, d al 11�!i,I,,P�l of ,, v,v cx-u Cz,1-t z,-A-s -,d a,as:ate or eresi by the po;,cy and not d S1101,11 -so-d px C t"'w"E.zlll -,led 1I1,e d,- ,,,(c) no loss or oa,rie.TO the CI (o; or ull,,i,�o TO If 0, fe) -olt''tu "lo!r-1 ywouldbQk-SLIS1,11rred If The Osuredtfa:maot had la,UP,or the nteic,,t IsO,e,,J�oy jrr,s p�)!Icy, NOTE: The 10 17 84 aoi-jOI,,,is of-c',,s- I and 2 aho,e -col-,Ilti Into t!I,- -( v by a!j;,cJ-,-eO:of "Endorsement AmcOd,Ogf`o1Icv'-c,,do,st-tO1 SCHEDULE B Ths gamey does no; --p iq,,-i loss o,d,,-ag rP„s o+ of o"..w,J I-follo" Pa:I On, it 10TT- g Ia�its or zise,s-t-,ts wl,,cl.ti- Iot 0)o- tax:cy on vat P,OrK.,ty or by the p"blIc rf cords A fa.t,. r qh!, +er s-sc :aims vrE not sf, t" IT)'pub:,,'ec< d:.!-,ut v,h c'r could b` by a,, nspfic7,or,of said tarld or by making"'Qu'ry of tibs"" lhe,i,c3 Etv se menu. l c!""s or'j""c I c,1-t: 3 which h-by 1", P,b1:1 flicc•Js 4 D scree crvpzr,Ic n, cc,.f cis ,, Hounda-,,er,( c-)� !I.I' il"I O'!Ie- filt 11-h, &,I-v would d-losu.and are nct shr,- P"bhc ec,-J, 5 u '0 �ci"` "-11-ilo-1 1"Pat"!, I, it'll hl trt�Cjf I.,ITr,r clams or t,tle jc,waOrr, G. y A" en.0, a -.f.,S-ce�,t,bci,cr f rn shed,"r,p"'Ind by -D')d r,,t sown by the public 6. A',IERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH ALTA ENDOR-7MiENT FORM 1 COVERAGE W0.1-NDED 10-17-70 and 10-17.84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE The to tg flo , or it,5 policy. pow- (bj Any 90 p-!-t,o,, 10 A s o f c eclll;r-111a lg b,t J I(,budd,nq-d 'es!'Ict oy 0' 1,C,pIo , ,Oq th, use r,f th�� d.W 11 110�,i-a ih, "h 'tor r. >.0,hc,ez.!r,,e,ccid o The laj,or p,oh,t,tg a sop at rm ur I, Ind 0 o tt of laII(Tj I,' ITIY i, I,'wh.(h lh,, -d .p:,r, Tr Of,ct c y art n of t,, Al J-d- f"). (b) 0, of o d I.,ir,w en-1),,nce ezult nr f,om a o,,b-tr !"" s d e ortgag s -,i,Is, s o;"7f,t- 1,11, be receded 1, pd-,to p"'ch e s '. 11, and 1(- -dv, P,l,,y.v,,,-,11 rtfj,,j �7taj..such records fralr"'!be construed 0,;,,bh< slfi�,y of!I�, s. 3-,rnt.it)) ,of -TO the Cup a,j c), t s d ' j "t POI,cy l), Ole It,,: r ac,. "d a,,CSII!,(" f,ir,'es,"'s"'ed 1b, !h o, 'd"t'! JI,��'-I-i by If- 'I'd c!" -:it 9",C"'I" Jo,Ift,d,;,,, ,,0, --J be�:,,Oe�j, "-',d r��' U 9 d,I,-,y- 11 The II-1,"d I o oltxn cl-iell tc;) ceilt I", - O e.Oj s,,lfOc( ,q 7. affo'J'I 10110 1,1,it,any lab-,, mz- 0, gat. `i ....... complei'd et Oat( of 1-1 Of ih,, nr--d or Otllts,r Of ofst, D,,,,of PW,y fir ol owner Of the ,,dehi,dns Tp co,,lply11" S,i t,jx,-j NOTE: Tt 10 t,_ of I- of b-F A 2 7 1 SCHEDULE B n,d"'l,", by DI 71" f I: Pat,One• I Ta.c,(-,, a,,crsrn-t,wt-tI r p rut I,, exists;;1 by Ir"'I I_co d.cf ry Il" illal Ie.c.:ales Oat re'I 010t)-tv c),by The i'ot)l records- 2. A ,gili,. 1'11�m,-- -v -:1i b, T- pj. tl�, r.reof . ",,, " ,n,�I,t- "t h ,t I uPd i,I, ',d 1, 1,c,1,of f,d;and cl, b, m,,k, In qu„y of 3 Ea amen-., , 0!r, o- of e--- o" wl t,, 7r,,,,-to -,c-,Is O or ilC, , boundary 1,i. I I,v,�11'1,l c nr lc� lollv� ye d,rciusf.and Ph,I, roc r d, 5 d 1 ,,1 o Upa I,,'O,j r--ig !;� t,I, Or I root-1 11 01 A,; ,g It" c-aqc,,It", c,f ,te,"ghl" 'I'l;Or lol,to j!v, 6 ,,,o, !f,1 - ' F. fo- r` , f d- I;";',,A br I o.i,� no'sh ,u,b 4 t t,,pubic (I, A'y h,l-1.it, �gfq I, a Iq ,,lo, �,O- "I t'i QVirl 4Z8g 7 IREV 3jU51 558 ,-'AY NOT SE ;A SUss!!rY G; TFii n ', RELIEDRELIED . rll•{13�1"�� i.� r=.l,EP�:. ,j IS ,i��V 1 TO SL. � b Gtj ? 'fYSL O T SCR T`j'+AYU A11`! l{':G 4 _ rl 1(] t4i ' L'f'tr3'� 7. ic1 �Yti N i •w C 9 S A l w f i *0 00 !C !4 O K 00 O AL ' 25 ED 5t`'I�Q:�'t I i .�r..✓. Sys n......o�.,f,..n n..a....w.lo-..n. (� `"_�_3�! =�Sa�cn�Il,un N.on w l 1.. • CoM ..Y O r U rt � 4 � ls✓'y�....r ' w K 720 ACwo JC :7E�S: d 19 22 is O SECURED PROMISSORY NOTE $250, 000. 00 Mountain View, California FOR VALUE RECEIVED, on or before , 1996 , in installments as provided below, the undersigned, MIDPENINSULA REGIONAL OVEN SPACE DISTRICT, a California Public District ( "Maker") , does hereby promise to pay to CONSTANCE J. KIDWELL, P.O. Box 52 , Holy City, California 95026 , or at such other place as the hold hereof: may, from time to time hereafter designate in writing, in lawful money of the United States of America, the principal sum of Two Hundred Fifty Thousand and No/100 Dollars ($250 ,000 . 00) , together with interest from the date hereof on unpaid principal at the: rate' of six percent (6%) per annum. Should any accrued interest not be paid � v a�.c when due, a..y provided below, it shall be tided a to unpaid prin-- cioal And shall thereafter bear interest in the same manner as principal. 1 . Payments . Ten annual installments of principal and interest shall be due, payable and credited as follows : (a) Total Due Date Interest Principal Pale a, , 1987 $ 15,000 . 00 $ 18 ,967 . 00 $ 33 ,967 . 00 ?988 13 ,861 . 98 20 ,105 . 02 33 ,967. 00 , 1989 12fr55 . 68 21 ,311 . 32 33 ,967 . 00 , 1990 11,377 . 00 22 ,590 . 00 33 ,967 . 00 'M , 1991 10,021 . 60 23 ,945. 40 33 ,967 . 00 , 1992 8,584 . 88 25 ,382 . 12 33 ,967 . 00 , 1993 7 ,061. 95 26,905 .05 33,967 . 00 , 1994 5 ,447 . 65 28 ,519 .35 33 ,967 . 00 1995 3 ,736 . 48 30 , 230 .52 33,967 . 00 1996 1 ,9?2 . 65 32 ,044 . 22 33 ,966 . 87 TOTAL $ 89 ,669 . 87 $250 ,000 .00 $339 ,669 . 87 b In case a date -,( ) any e specified r.ed above for the payment of principal or interest on this Note shall be a legal holiday, such payment shall be made on the first succeeding business day. (c) All payments made hereon shall be applied first to the payment of all unpaid interest accrued hereon to the date of such payment and the balance , if any, shall be applied to the payment of principal. Interest shall thereupon cease upon the principal so credited . All interest shall be calculated for actual days on a 365 day year basis . 2. Security . This Note is secured by a First Deed of Trust with Assignment of Rents (the "Deed of Trust") , of even date herewith , executed by Maker, as Trustor, to First American Title Guaranty Company, as Trustee, and nr17'[ting Lender as Beneficiary, creating a lien on certain real pr"p`rty, more particularly described therein , located in the County of Santa Clara, State of California. J Secured Promissory Note - Kidwell Midpeninsula Regionul Open Space District 1986, Page 3 6. Lender' s Delay. No delay or Omission on the part of Lender in exercising any right under this Note or under an of the docu- ments referred to in Sectionas a waillcir of svcyl 2 shall operate y right of of any other right of the holder hereof . 7. Maker' s Waivers . Maker (and all guarantors , endorsors and other parties now or hereafter becoming liable for the payment of this Note) hereby waives diligence, presentment, protest, demand Of PaYOent, notice of protest, dishonor, and non-payment of this Note, a:id other not-i-ca of any kind.- Maker expressly agreA5 that, without in any way affecting 'the liability of Maker hereunder, the holder hereof may anta=a the maturity date or the time for paymen-1- of any amount due har-aunder, accept additional security, releasc'O any party liable hereaader, . and release any securij nnuror here- after securing this Note. Maker further waives , to the full ex tent .permitted by law, the right to plead any and all statutes of limitation as a defense to any demand on this Dote, or on any deed of trust, security agreement, lease- agryement , guar ee ant or other agreement now or hereafter securing this J\Iote, B. Loss Destnuct_ on. Upon receipt of evidence reasonably satisfa-CV-11-Y, the less , theft, destruction or mutilation of this Note, and in the case of any n such loss; theft, or destruc- tiOn Of this Note, upco deliverw of an in6enity bond by the holde he of in such reasonahie amount as Maker may determine, or in the c1se of any such mytijatioh, upon surrender and cancellation of this Note, Maker wiIi e=_Iecute and deliv6r, in lieu thereof, a replacement note of like form, tenor and effect. 9 . *Law. This Note shall be go-verned by and construed in accord- ance w---th the laws of the State of California. 10 - Severance. Every provision of tip ; q Note is in I tended to be severable. In the event any tOrm Or Provision hereof is declared to be illegal or invalid for any rcuson whatsoever by a court of compe- tent jurisdiction, such illegality or invalidity shall not affi.�ct the balance of the terms and provisions hereof, which terms and provi- s'ons shall rem in binding and enforcoable. 11 . Waiver. Any waiver, express or implied, . of, any breach hereof or shall not be considered a waiver of any sub- sequent breach or default. 12 . Section Headings . Section headings are solely for the con- venie:,:.-._0_0f tAep`a`- rties and are not a part of this Note. 13 . 1 Modification. No provision of this Note- may be waived, modi- fied o:c discharged other than by an agreement in writing signed by the party against whom enforcement of such vAver , modification or discharge is sought. 14 . As Iment. Lender may assign this Note and the Deed of Trust upon :StaKing the prior writtOv consent of Maker, which con- sent will "it be unreasonably* withheld. Purchase liqatiOu - It is understood that the inde!Dted- ness represented by this Note `L-s` the unpaid balance of the purchase Price of certain real property which Lender has sold to Maker on the date hereof. secured Promissory .Note - Kidwell Midpeninsula. Regional Open Space District 1986, cage 2 3. Junior Lien. The obligation of Maker to Lender hereunder in secured by the Deed of Trust as above mentioned and , subject tO the terlas Of said Doned of Trust, is and shall be junior and snhordinate to the "Midpeninsula Regional Open Space District 1982 Negotiable Promissory Notes, " the ''Midpeninsula Regional Open Space District 1985 Promissory Notes , " and the "Midpeninsula Regional Coen Saace District 1986 Ncgotiable Promissory Notes, " and any and all su.:__-sequent public note issues of Maker. 4. Acceleration iron. Default. At the option of Lender, the e:-Itire principal balance together with all accrued interest thereon shall 1-m=ediately become du6 and payable upor, the Occurrence of any of the following (hereinifter referred to as an Mvent of Default") : (a) default in the payment of prinuipal Or interest when ims Puisua"t to the tvims hereof; or W default in the performance of any obligation or covenant of the Maker contained herein, in the Deed of Trust, or in any other security agreement, decd of Oust- or other agreement which may here- after be executed by Maker for the purpose of securing this Note (including any amenament, modification or extension of any of the foregoing instruments) Tccpleration Unon Transfer , Exhibit "A" attached to the Deed cf =Usz securing ans cantains the following' provision: "In order to induce Beneficiary to make the loan secured hereby, Trustor agrees not to transfer the ?rOPertY Or any Portion thereof or interest therein, wizhout i-he prior written consent of Beneficiary. Beneficiary mty grant or deny such consent in its sole dis1cretion and, if consent sh— oldbe given, any such transfer shall be subject to this Deed of Trust, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. Such assumption shall not, however, release Trustor from any liability under tie ?, rom- issory Note without the prior written convent of Peneficiary. In the event of any such transfer with- it the written consent of Beneficiary, Baneficiary shall have the absolute right, at its option, to accelerate and declare the entirO principal balance an& all accrued and unPaid' interust on the Promissory Note, and all other sums secured hereby, immediately due and payable. Consent to Ono such transaction shall not be deemed to be a waiver of: the right to requir1e consent to future or successive transactions . Notwithstanding the foregoing, Beneficiary agrees not to unreasonably withhold its cony ent W a transfer of the Property to another public agency, provided that w-ch public agency has ade4uate resources , in Dene- 'IciaWs jukmcnt, to meet the Beneficiary in the same manner as if paid by the Trustor. As used heroin, "transfer" includes the sale, conveyance or other transfer of the property, or any portion thereof or interest th - ,win , whether voluntary, involuntary, by operation Of law or otherwise. " 1 Secured Promissory Note - Kidwell Midpeninsula Regional Open Space District 1986, Page 4 ` MIDPENINSUL.A REGIONAL OPEN SPACE DISTRICT, a Public District Old Mill. Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, California. 94040 5717rector --- � Director i5;�ctor� DirectarY --- Dir��ctt�r Direc R-86-102 (Meeting 86-27 November 12, 1986) WL IV10f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 31, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; A. Cummings, Environmental Analyst SUBJECT: Naming of Ravenswood Preserve Recommendation: I recommend that you approve changing the name of the District's San Mateo County Baylands Reserve to Ravenswood Open Space Preserve. Introduction: On August 13, 1986 , you tentatively agreed to change the name of the District' s San Mateo County Baylands Reserve to Ravenswood Open Space Preserve (see report R-86-83 of August 6 , 1986 and minutes of August 13, 1986 Board meeting) . As a matter of courtesy, you asked that the name change proposal be sent to the Cities of East Palo Alto and Menlo Park. You had indicated that if they voiced no concerns with the name after a two month comment period, the name could become permanent after your final approval, which is before you now. Discussion: Letters were sent on August 22 , 1986 to Frederic Howell and Michael Bedwell, City Managers of East Palo Alto and Menlo Park, respectively. No response letter was received from East Palo Alto, but Trevor Burroughs, a member of the East Palo Alto Arts Commission, indicated he thought it was a good name, since the original town of Ravenswood was located at the end of Bay Road. The Ravenswood Recreation District was dissolved as part of the incorporation of East Palo Alto, and the Recreation District' s function became part of the city government. The attached comment letter from Michael Bedwell said that one Councilmember felt that the "Reserve" part of the previous title should be kept so the new name would read Ravenswood Open Space Reserve rather than Preserve. The question of "reserve" versus "preserve" for naming District lands has been discussed several times over the years. This particular site is in a use status similar to several other District preserves. Although the suggestion is appreciated, it could be confusing to have just one District site called a "reserve" when no difference in meaning is intended. e "ILLY RAY WHITE MAYOR a a11 TEDLSORLNSEN - ` MAYOR PRO TEM ` PEG GUNN CouNCILMEMt7ER 4 CITY OF CIVIC CENTER / MENLO PARK,CALIFORNIA 94025 CALVIN M.JONES COUNCtLMEMIER I MENLO , JACK H.MORRIS COUNCILMEMA6R PA RK September 3, 1986 Herbert Grench Gener•ai Manager Mid-Peninsula Open Space District 201 San Antonio Circle Mountain View, CA 94040 Dear Mr. Grench: In response to your letter of August 22nd concerning the changing of the San Mateo County Baylands Reserve to the Ravenswood Open Space Preserve, the only comments we've had from our City Council is that one Councilmember feels the "Reserve" part of the title should remain so that it would read Ravenswood Open Space Reserve. So, there seems to be no concern about the Ravenswood Open Space part of the name just whether or not it's a Preserve or Reserve. Very truly yours, Michael A. Bedwell City Manager cc: City Council Mary Leydon MAB/bg 1153'1 R-86,105 Ad� (Meeting 86-27 November 12, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 5, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition manager SUBJECT: California Community Parklands Act of 1986 Grant Application Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds Under the Community Parklands Act of 1986 for the Following Projects : La Honda Creek Open Space Preserve Additions, Windy Hill Open Space Preserve Additions, Coal Creek Open Space Preserve Additions, Russian Ridge open Space Preserve Additions, Skyline Ridge Open Space Preserve Additions, Long Ridge Open Space Preserve Additions, and Rancho San Antonio Open Space Preserve Additions. Background: On June 3, 1986, the voters of the State of California passed Proposition 43, the Community Parklands Act of 1986. As a result, $100, 000,000 in grants is available to local agencies beginning July 1, 1987, based upon population served. The District' s full allocation is $838 , 000 and the applica- tion deadline is December 12 for the 1987-88 appropriation. Funds may also be appropriated in the following two fiscal years, if the entire allocation is not requested and approved at this time. Discussion: In order for the District to receive the full allocation in fiscal year 1987-88, seven potential acquisition projects have been identified. Currently, it is only necessary that projects be described in a very general nature, with the expectation that a more detailed grant application will be required in the spring. This two-step process has been devised because of the tremendous workload for the grants administration section in Sacramento. District staff is recommending these seven projects to take advantage of pur- chase opportunities that are expected to materialize at one or more of the identified preserves in order to utilize the grant funds in the most efficient manner. Acquisition projects require a 25% local matching share, which can be in the form of cash or gifts. Therefore, the total value of the combined projects would have to be $1, 047,500, or more. A copy of the assurances requiring approval as a part of the Resolution for the grant is attached. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986 FOR ThE FOLLOWING PROJECTS : LA HONDA CREEK OPEN SPACE PRESERVE ADDITIONS , WINDY HILL OPEN SPACE PRESERVE ADDITIONS , COAL CREEK OPEN SPACE PRESERVE ADDITIONS , RUSSIAN RIDGE OPEN SPACE PRESERVE ADDITIONS , SKYLINE RIDGE OPEN SPACE PRESERVE ADDI'I'TONS , LONG RIDGE OPEN SPACE PRESERVE ADDITIONS , AND RANCHO SAN ANTONIO OPEN SPACE PRESERVE ADDITIONS WHEREAS, the people of the State of California have enacted the Community Parklands Act of 1986 , which provides funds to the State of California and its political subdivisions for acquiring and developing facilities for public recreational- and historical purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated '-he respoiasibility for the administration of the program within t-he stt, , setting up necessary procedures governing application by local agencic. under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant -to certify by resolution the approval of application (s) before submission of said application (s) to the state; and szl ;-(� applici� ion (s ) cont,iin assurances that Ll-ie applicant ! iust CCAY{k)ly V,-nth; and WHEREAS, the applicant agency will enter into an agreement with the State of California for acquisition, development, rehabilitation or restoration of the project (s) ; NOW, THEREFORE, BE IT RESOLVED that. the Board of Directors here.'.,y: 1. Approves the filing of an application for Community Parklands Act of 1986 State grant assistance for the above project (s) ; and 2. Certifies that said agency understands the assurances r';.nd certification in the application form; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain tiie project (s) ; and 4 . Certifies that said agency will complete the project (s) within three years from date of approval by the State; and 5. Appoints the General Manager as agent of the Midpeninsula Regional open Space District to conduct all negotiations , execute and submit all documents including but not limited to applications , agreements , amendments , payment requests, and so on, which may be necessary for the completion of the aforementioned project (s) . PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on 19 at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary, Board Ward-&-b-di—re-k A of -1--i"Arectors I, the District Clerk of the Midpeninsula Regional Open Spar District, hereby certify that the above is a true and corre copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. -b1Ttric1-?lerk --------- � � � ASSURANCES � ' � 1' The grant recipient hereby gives assurance and certifies with respect to the � � that: ; — It possesses legal authority to apply for the grant, and to finance, acquire � and construct the proposed project; that a resolution, motion or similar action � � has been duly adopted as an official act of the applicant's governing body, � authorizing the tiling of the application, including all understandings and assurances contained therein, and directing and authorizing the person identi- fied as the official representative of the applicant to act in connection � with the application and to provide such additional information as may be required. � 2' It understands that grant funds must be appropriated by the State Legislature � � before costs can be incurred against the grant. � 3' It will cause work on the project to be commenced within three years of appro- priation and agrees to make the property to be acquired or developed open � to use by the public by the DATE SPECIFIED IN THE *moanMEmT Wozca WILL NOT � BE MORE THAN THREE vaAmo AFTER THE DATE ogOm wozCa THE rRzzEcr WAS APPROVED � BY THE SrAro' � 4' it will provide and maintain competent and adequate architectural/engineering � supervision and inspection at the construction site to insure that the completed work conforms with the plans and specifications; that it will furnish progress � reports and eucu.ntber information as the State may require. � 5' It will give the Stote^e authorized representative access to and the right � � to examine all records, boobs, papers or documents related to the grant' � � 6' It will not dispose of or encumber its title or other interests in the site and facilities without permission from the State Legislature. 7' For each individual project listed on the front of this form, it will submit � appropriate California Environmental Quality Act documents, a project infor- mation form, cost estimates for development projects, an acquisition schedule for acquisition projects, site and location map and appropriate engineering and/or acquisition certifications. [This information must be submitted before � grant funds are disbursed-] � o' In cases involving leased property, it agrees to maintain and operate the property and/or facilities acquired or developed for an agreed to period com- mensurate with the type of project and the proportion of State grant funds and local funds allocated to the capital costs of the project' R-86-100 (Meeting 86-27 November 12 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 23 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Rescheduling of November 26 Regular Meeting to November 24 Recommendation: I recommend that you reschedule your November 26 meeting to Monday, November 24 beginning at 7 :30 P.M. at the District office, Old Mill Office Center, 201 San Antonio Circle, Building C-135 , Mountain View. Discussion: Your second Regular Meeting in November falls on the evening preceding Thanksgiving Day. According to your Rules of Procedures, the meeting is to be cancelled or rescheduled. As previously discussed with you, it will be necessary to have two meetings in November, and the November 24 date seemed to be best for the rescheduled meeting. 'IRITTEN COMMUNICATION Public Sarvfc"AUancy Aeeting 86-27 Parka andRacraaUon November 12 , 1986 298 Garden Hill Drive Los Gatos,California 95030 County of Santa Clara (408)358-3741,Reservations 358-3751 California ---- -- Board President Ac.tnaIe-dge%' ,,_n3 __ Director — 1,:kr,c:;2ed,:;r!Raspo«d Staff '.ckno.IedgelRespo�a ft ©raft Response Attached � Staff to be Directed to Prepare Draft Respond for Board Cor.sidararien per October 17, 1986 Board Di- c-ive(s) Other Mr. Edward Shelley, President Mid-Peninsula Regional Open Space District 201 San Antonio Circle Mountain View, CA 94040 Re: Measure "A" Support Dear Mr. Shelley; I was very pleased to receive a copy of Resolution 86-59 where the Board of Directors of the Mid-Peninsula Regional Open Space District supported the Santa Clara County Measure "A " which specifically establishes a funding source for the Santa Clara County Parks and Recreation Department. Your continued support is greatly appreciated, and we look forward to this very positive and cooperative relationship for many years to come. Thanks again for your support. Sincerely, PARKS & RECREATION/ Douglas J. Gaynor, Director S2/DJG:mm cc: 1rr ° 10 Distribution List Attached ® An Equal Opportunity Employer i Public Services Agency Peft and Recreation M Garden Hill Drive ��++ Clara Gatos,California County Of Santa Clara (408)358-3741,Reservations 358-3751 California October 17, 1986 Mr. Edward Shelley, President Mid-Peninsula Regional Open Space District 201 San Antonio Circle Mountain View, CA 94040 Measure "A"Re: Meas Support Dear Mr. Shelley; I was very pleased to receive a copy of Resolution 86-59 where the Board of Directors of the Mid-Peninsula Regional Open Space District supported the Santa Clara County Measure "A " which specifically establishes a funding source for the Santa Clara County Parks and Recreation Department. Your continued support is greatly appreciated, and we look forward to this very positive and cooperative relationship for many years to come. Thanks again for your support. Sincerely, PARKS & RECREATION Douglas J. Gaynor, Director S21DJG:mm cc: Herbert A. Grench Distribution List Attached An Equal Opportunity Employer Internal Distribution List: i Commission Members Betsy Blais-Shotwell Valentine Reyes George Hinoki Mary Cude Pat Kammerer Betty Sellers Garry Stoddard Board of Supervisors Rod Diri on Tom Legan Zoe Lofgren Dianne McKenna Susanne Wilson County Executive Sally Ree Public Services Agency Karen Foss I III)PENINSULPA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM if. Grench, General Managet, SUBMT: F.Y. I. November 12, 1986 b MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949.5500 October 23 , 1986 David Mitchell President, Board of Trustees Peninsula Open Space Trust 3000 Sand Hill Road Building 5, Suite 135 Menlo Park, CA 94025 Dear Dave and Members of the Board : I am very pleased to inform you that Christy Holloway has agreed to serve another term on your Board as my appointee commencing January 1987 . There must be a real sense of anticipation on your parts with exciting new projects in the works and a new Executive Director coming on. I look forward to developing a close working relationship with your new Executive, and ever closer communication between our Boards. Christy, of course, is a perfect person to help these things along, and I am delighted, as you must be, that she is con- tinuing on your Board. Sincerely yours, Herbert Grench General Manager HG:ej e : MROSD Board of Directors Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin P MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 November 5, 1986 Assemblyman Byron Sher 785 Castro Street #C Mountain View, CA 94041 Dear Byron: On behalf of the District' s Board of Directors and myself, congratulations on your victory ! We ' re _looking forward to working with you for another term in Sacramento. Enclosed is our latest brochure describing District preserves . With warm regards, Herbert Grench General Manager HG: jc cc: MROSD Board of Directors Encl. Similar letters were also sent to: Dan McCorquodale Calvin Jones Christopher Cobey Dominic Cortese Jack Morris James Plummer Ernest Konnyu Jan La Fetra William Duplissea Norman Mineta John Dinkelspiel Charles Quackenbush Tom Lantos William Conwell Jackie Speier Herbert A.Grenr.h,General Manager Board of Directors:Katherine Dufly,N4nette G,tiank2 Tcena t[ensh w, Rdchard S nishoo._Ldwrd.G.Shelie;.__LL3rry A.7rrrncer nanint r, wr.r,tn EL CAMINo HospiTAL 2500 GRAN'r ROAD,R0. Box 11025 MOUN'rAIN VIEW,CA 94039-7025 415-940-7000 October 30, 1986 Dear Friend, The Board of Directors of the El Camino Hospital District today accepted the recommendation of its Finance Committee to discontinue its efforts to develop as planned a proposed Continuing Care Retirement Center (CCRC) . The Board agreed that it is not financially feasible for the Hospital District to sponsor the CCRC. Uncertainty about hospital reimbursement by Medicare and other insurers has increased to the point that a new venture sgch as the CCRC is too great a financial risk for the District. Other reasons for the decision are the high cost of site improvements for the St. Joseph location and 1987 changes in tax laws that will affect bond rates and earnings. The proposed CCRC would cost about $100 million to develop. Unfortunately, the financial feasibility studies show that the hospital will not be able to recover its development costs quickly. The hospital cannot afford to tie up a $10-$12 million "down payment" for the approximately 20 years it would take to recover these development costs. We regret that we cannot proceed with this important community service. The Board recognizes the current and future need throughout the community for facilities such as the CCRC. Although the CCRC is very important, our primary commitments are to maintain quality inpatient and outpatient hospital services for the community and to keep our medical technology and facilities up-to-date. We will continue to advocate opportunities for developing retirement housing. There is a good possibility that another organization with greater financial capabilities may be able to develop a retirement community on the St. Joseph site. We will be discussing this opportunity with other potential sponsors. You will be notified immediately if another sponsor proceeds with a retirement project. We deeply appreciate your support and patience during our planning process. Please call me at 415-940-7143 if you would like further details about this decision. Sincerely, Harvey S. HaVsen CCRC Project Director OPERATED FOR THE BENEFIT OF EL CAMINO HOSPI'IAL DISTIUC I' Hospital will not vate developer or other group,' HOSPITALHansen said. andThe land borders Los Altos but w ' as recently annexed to Cupertino, Continued from A-1 at the hospital's request. Despite some protest from neigh- El Camino won't build "There's a good possibility perhaps boring Los Altos residents over po- some other organization with tential traffic problems,the project luxury retirement center greater financial capabilities will has been given most of the neces- be able to develop it. We're talking sary approvals,including a use per- By Ruthann Richter to other people." mit granted in November 1985. Times Tribune staff 1 VL Hansen said he has spoken to The concept for the center was l both non-profit groups and develop- well received in the community, f After two years of planning, the ers who appear to show serious in- where there is an increasing num- 1 Camino Hospital District Board terest in the project. However, he ber of older people and a shortage f Trustees has called a halt to would not provide any details. of retirement housing. $100 million retirement center in The project was to be located off Russell said marketing surveys the Cupertino foothills because St. Joseph Avenue in the hills by the hospital showed an "over- P"rustees fear the financial risks above Cupertino. The hospital has whelmingly positive" response to would be too great. an option to lease the land from the the retirement center. About 1,100 The trustees voted unanimously Roman Catholic Diocese of San names were on a waiting list for Thursday to stop the 510-unit cen- Jose,which would have to sanction,the project, whose original target ter, which would have provided any new plans submitted by a pri-:date for completion was 1990. health care, luxury accommoda- tions, meals and many amenities for its residents. The project was by far the most ambitious project in the 25-year history of the hospital, with a cost equivalent to the hospital's yearly budget. It was to have been fin- anced by $90 million in revenue bonds and about$10 million in hos- pital reserves. However, hospital officials said they did not want to tie up hospital funds when there are so many other important projects on the hospital wish list now, including a new ambulatory surgery center,re- modeling of the maternal-care unit and expansion of the hospital's new, home-health service. "Given the priorities we have for inpatient and outpatient services and the capital plans we have for those, we just aren't able to do what we'd like to do," said Harvey Hansen, the project director. "We have enough uncertainty in our health-care environment that when we do our revenue projections for the hospital, it appears we're bear- 'r ing too much risk for the CCRC (continuing-care retirement cen- ter)." The hospital still has not given up the idea of building retirement housing on the 54 leased acres and is looking to a private developer or other organization to do the job. "We're not completely washing it out," said Trustee Billy Russell. HIGH MEADOW STABLES 23170 RAVENSBURY AVENUE LOS ALTOS HILLS, CA. 94022 November 6, 1986 John Vidovich De Anza Properties 1307 South Mary Avenue Sunnyvale, California 94087 Dear Mr. Vidovich: As you might well expect, I was very much taken aback by your letter of September 25, 1986. It left me with far more questions than answers. I know lots more about horses than about leases and the like, and now find myself very confused '' about just what is right and what I should do in this most precarious situation in which I find myself. It has been my understanding for quite some time that the land upon which my stable is located is owned by the Midpenninsula Regional Open Space District. A report dated August 16, 1984 from H. Grench, General Manager to the Board of Directors of the District recites that: "On March 14, 1984 the former Cho Property was acquired by the District to become a part of the Rancho San Antonio Open Space Preserve . . . As a part of the acquisition the High Meadow Stable was acquired as a leased area within the property. " Since that time, there have been numerous public meetings and Board discussions concerning High Meadow. I signed a lease with M.R.O.S.D. and incurred significant capital expenditures on the property based on repeated assurances that making those expenditures would result my receiving an extended lease term. Now I am told that by you that M.R.O.S.D. does not even own the property. You base this, it seems, on a letter from the District bearing the same September 25, 1986 date as your letter. That letter states that "the precise location of our common boundary line has not been determined. " It goes on to say further that "it does appear that most, if not all, of the property and improvements occupied by High Meadow Stables may bg within your ownership. " So does that mean that after several years of negotiation and good faith dealing as well as thousands of dollars of capital expenditures, I am being asked to leave my home and my business because of how something "appears" or how it "may be"? John Vidovich November 6, 1986 Page 2 I don' t want to seem overly demanding, but isn' t there some way of determining who really owns the property? And isn' t it only reasonable for me to ask that such things as may be necessary in order to make such a conclusive determination be done? Isn' t it also true that if the Cho' s had intended to sell the High Meadow land to M.R.O.S.D. and if M.R.O.S.D. intended to buy that land from the Cho's that the District has the right to the land regardless of what a survey may indicate? I have a further concern which relates to my potential liability to M.R.O.S.D. You have a letter from a Mr. Britton which appears to authorize you to deal with me. How am I to know though that Mr. Britton has authority to bind and commit M.R.O.S.D. in such a way. It would seem that in light of the potential liability that this recent turn of events may bring upon the district that a delegation of authority to you would be appropriate only upon passage of a resolution of the Board of Directors. I would ask whether there exist bylaws or other documents which might shed some light on the authority of a district employee to ' delegate decisions concerning lands potentially owned by the District? If there are, I 'd appreciate your supplying me with copies. If not, I 'd appreciate your making arrangements to obtain a Board Resolution as that would seem the only way of ascertaining with reasonable certainty the intent of the District. As you know, I have made my last two rental payments to you as you have requested. Since I don't know who owns the land, I don' t know if this is the right thing to do or not. I suppose that what might make more sense is if I resume making my payments to M.P.R.O.S.D. That way they can forward the payments on to you if they believe you to be entitled to the money. John, You probably know what I need and what I 'm asking for at least as well as I and I 'm sure you can be a good deal of help in providing me those items. Please do what you can to respond to my requests just as soon as possible. Sincerely, Beverl Fike cc: H. Grench L. Craig Britton Board of Directors MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 October 30, 1986 Rosemary Dooley 290 Leland Avenue Palo Alto, CA 94306 Dear Ms. Dooley: This letter is to notifyyou that our grading y y g g contractor has admitted dumping fill from your property on Page Mill Road onto adjacent District land, using your newly graded driveway to bypass the locked gate. He has dumped quantities of loose dirt over the side of the District's road below your property and in a flat area at the end of that road. In addition, he excavated a hole in the bank above the road. The dumping of fill in this landslide-prone area is not only illegal under District and County regulations, but will increase the probability of landsliding by oversteepening and overweighting the soil and increasing siltation in the creeks below the property. Low growing vegetation has been smothered, destroying the root systems which help hold the slope in place. Rains will wash the loose dirt down towards Alpine Road, affec- ting neighboring properties as well as the road, and possibly your property above. As a result, you could be liable for claims resulting from such damage. The District notified Santa Clara County about these illegal actions, and they con- tacted your contractor. He said he thought he was placing the fill on your property and has agreed to remove all the excess material that can be moved without further land disturbance. The District requests that you inform your contractor of the exact location of your property line. In the interim we will work with him to be assured that he will re- store our property.as requested. Any further grading violations, dumping or vehicle trespass will be referred to our legal counsel for prosecution. Very truly yours, David Win. Hansen Land A1anager DWH:ds Attachment: Map of site cc: /�iROSD Board of Directors County of Santa Clara County of San Mateo Marty Browne 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 4_4 4 S 1_` A p+• ArJI• ) aosl• i •}:,iNrrt07Lt• / �U m r sr•Jo•a .•I / / ;Q .TTJ srfs Je seal //R �Aeor J; l 17 Iseo• �q /r MOl IrfA'N• q_K' � �, ��. •`a�` t /t0J'rpr•Jf JJ• e303• y f: _ % .PaAu�4 e SLLS/45 r. SLLS/45 dad ; tom JV /fu Na.d rwposes t •A •s �, -r'S aYtitf't`. 'fS Lf[f••(1 or Cy` ,^�Sri fr%'+f.rx••mtt y t+t P.>>sN£u.rx07 PARCEL / •.. f S4 r Avl Pw e+ „A 13.OAcres Cross _ ,,',,,o .l_ J'.73/Acres Met '?;' iLu�.,.. .a�l.ry 1C ',._ .•-. .d,t,iL� \'-. 4 •� ••f•r..-)y1rN.. .. /i•0;1-'JrJli �3' � ` � LW,sL'p� - f � ','e » N: ^`�[0•01•• � Iri•. ;rtr:u njAi'p''_i � t .!•Oy\`.i °f \� ,., •1•' >° PARCEL 1.340Acres Cross .+i }�4.777tJAeres /Jel a a "-Y_R.�..�t,y'� �1�,`,_,�•Y!•r:� '. \M J 7QG"�� ff•��z IQ .. 'e•r ° 1•. Y /,( \, n L �,•lea �I .I .� Facsimile of recorded•map prepared L. .41 «r San PAlateo Co.Tide Co. L PASS Or Lot.PING ,k Ped;voQ City,C3i',onia rae er.,.•y(XeI.7s'i0•N)o7 Jne.S,wJrer3rrrJy rn..•-:••r.r7!• .J�3.•. "'z••.., 0 v� , n%Sao,.n o.r NYpr.reJ.ropl J,.ne Sr•U:n�as/Jrdm G..•�1�1 ,$� '. ,r�..ryr 7J SonJv Croo Co:Jn/y Re.cvd3 and 3..;F N 0/ - �' 4•' - �,�/ryvt Tr., IwulMquJ or poye 1,son MoreO taunJy He(ord3 r.J-ta.en 44 �•`, �� IN /7 MAP J}••' p/f<bn sol b[.N.+ga f•i Mnmap S /[wrpr ,tE HL! 1f11L".l li • KY{1IVf � ��lr •'F BE/N6Acpr:rNt.:OJUS7MEN7 DElWE£.YAGACCLs:t'F•B-+tfCONpLO NQrf S ANQ r Cff HD imJXXJ7AFP4NCEL MHOS ArPA6E J SAN M47ED 004TY RMWDS AND - '-�-' "' /N BpOX3pJ OF7.LL+SA7Pg5E?J,SAXrACLAAA CJUNrY Af[OApS, A//I%IJ•n.J[•rJa,n-mu•s wr eac••»rr•l^)—i—,"!•.:/ �u a•.. [: B ._ A.SO,lE:NG POMriON pr JEL7/OM r6775.•RJNtAip B.f/A. _ .!� .OU � _ SANMArfO CUUN7r ANOSAMIA Ct AAA CDUNrr.CAtripAMrA o a.Lrsr•,Anal s,.r.eymo:urnrnr//7 PM!J /. ��. VARQ Q/waroM r/�':ron ppe xf � • r)!•✓rro/u here 0•••�JT IM/� • i C ATMS No. 86-21 Meeting 86-27 MIDPENIN� �LA REGIONAL OPEN SPACE DIbTRICT Date: P1ov. 12, 1986 REVISED C L A I M S rr Amount Name Description 9179 138.83 Ace Fire Equipment Service Fire Extinguishers and Inspection 9180 498.49 Adia Services, Inc. Temporary Office Help 9181 96. 17 AT&T Information Systems Group" Telephone Rental 9182 7.44 B & H Equipment Company Equipment Parts 9183 530.00 Bay Area Water Trucks Water Delivery 9184 50.00 Bay Microfilm Equipment Repair 9135 18.55 Matthew Bender and Company Library Documents 9186 80.00 James Boland Reimbursement--Conference Registration 9137 70.09 Carleen Bruins Reimbursement--Equipment Rental 9188 88.00 State of California Dam Permit for Horseshoe Lake Department of Water Resources 9189 1 ,000.00 California Advocates, Inc. Legislative Consultant Fee--October 9190 55.00 David Camp Reimbursement--Permit and Seminar Fees 9191 2, 100.00 Clevenger Realty Appraisal Appraisal Services Corporation 9192 189.40 Commonwealth Land and Title Company Title and Escrow Fees 9193 213.00 Communications Research Company Radio Maintenance 9194 209.72 Contemporary Engraving Mame Plates 9195 1 ,250.00 Dana Property Analysis Appraisal Services 9196 301 .68 Discount Office Supply Office Supplies 9197 256.80 Drake Welding, Inc. Truck Rack 9198 87. 19 Emergency Vehicle Systems Scanner Repair 9199 42.30 John Escobar Reimbursement--Tuition and Books 9200 2,700.00 John Estes Caretaker Services 9201 42.75 Federal Express Corporation Express Mail 9202 39.52 Jean Fiddes Private Vehicle Expense 9203 3,363.40 Fidelity PJational Title Insurance Title and Escrow Fees Company 9204 2,097.04 First American Title Guaranty Title and Escrow Fees Company 9205 100,000.00 First American Title Guaranty Purchase of Kidwell Property Company 9206 200.00 First American Title Insurance Preliminary Title Report Company 9207 80.55 Foothill Safety, Inc. Firefighter Equipment 9208 93.59 Forestry Suppliers, Inc. Field Supplies 9209 29.51 The Frog Pond Meal Conference 9210 39.44 Walter Goggin Private Vehicle Expense 9211 283.20 Herbert Grench Reimbursement--Conference Expense and Meal Conference CLAIMS No. 86-21 Meeting 86-27 Date: Nov. 12, 1986 REVISED r A=unt Name Description 9212 7.56 Harbinger Communications Computer Expense 9213 118. 17 Hengehold Motor Company Van Rental--Los Gatos Event 9214 48.68 The Hertz Corporation Car Rental 9215 264.,25 Honeywell Protection Services Alarm Service. 9216 410.9i Hubbard & Johnson Field Supplies 9217 134.94 Kelly Business Furniture Furniture Repair 9218 30.00 Thomas Lausten Reimbursement--Serninar Registration 9219 737.25 Los Altos Garbage. Company Dumpster Rental 9220 9.42 Los Altos Stationers Office Supplies 9221 756.25 Charlotte MacDonald Consulting Services--Los Gatos Ever, ; 9222 158.03 Gail A. MacDonald Photography--Los Gatos Event 9223 72.49 Mobil Oil Company Fuel for District Vehicles 9224 228. 12 Monta Vista Garden Center Field Supplies 9225 38.01 Joyce Nicholas Private Vehicle Expense 9230 135.83 Noble Ford Tractor Parts for District Equipment 9231 14.30 Norney's Office Supplies 9232 115.35 Northern Hydraulics, Inc. Field Equipment 9233 957.57 Pacific Bell Telephone Service 9234 283.77 Pacific Gas and Electric Company Utilities 9235 739.41 Peninsula Oil Company Fuel for District Vehicles 9236 133.20 Peninsula Times Tribune Legal Notice--Financial Statement 9237 227.48 Pine Cone Lumber Company, Inc. Lumber for Purisima Bridge 9238 79.83 Rancho Hardware Field Supplies 9239 172.47 Chris Saenger Water System Repairs 9240 101 .08 San Francisco Water Department Water Service 9241 30.00 David Sanguinetti Reimbursement--Seminar Registration 9242 776.25 Santa Clara County/Sheriff's Patrol Services Depa rtrnen t 92113 997.24 Scribner Graphic Press Brochures 9244 1 ,317.03 Shell Oil Company Repairs and Fuel for District Vehicles 9245 749.00 John Shelton, Inc. Steel Culverts 9246 11 .22 Skyline County Water District Water Service 9247 319.02 Glenn Smith Consulting Services 9248 532.25 Spencer Associates Architectural Services 9249 115.57 David Topley Reimbursement--Repairs and Supplies 9250 621 . 16 Una Graphics Brochures 9251 15.90 Lisa Varney Reimburser.ient--Field Supplies CLAIMS NO. 86-21 Meeting No.86-27 Date: Nov. 12, 1986 REVISED Amount Name Description 9252 72.87 Sandy Voorhees Private Vehicle Expense 9253 115.28 West Coast Shoe Company Ranger Uniform Expense 9254 1 ,025.84 Xerox Corporation Supplies 9255 210.71 ZZZ Sanitation Company Sanitation Services 9256 6,750.00 Ortha Zebroski Consulting Services--Skyline Ridge Open Space Preserve 9257 160. 16 Petty Cash Film Processing, Xeroxing, Meal Conferences, Subscriptions and Office .Supplies 9258 800.00 United States Postmaster Postage CLAIMS No. 86-21 MIDPENINSuLA REGIONAL OPEN SPACE DISTRICT Date: Nov. 12, 1986 Description 9179 138-83 Ace Fire Equipment Service Fire Extinguishers and Inspection 9180 498.49 Adia Services, Inc. Temporary Office Help 9181 96. 17 AT&T Information Systems Group' Telephone Rental 9182 7.44 B & H Equipment Company Equipment Parts 9183 530.00 Bay Area Water Trucks Water Delivery 9186 50.80 Bay Microfilm Equipment Repair 9185 18.55 Matthew Bender and Company Library Documents ` 9186 80.00 James Boland Reimbursement--Conference Registration 9187 70,89 Carleen Bruins Reimbursement--Equipment Rental 9188 88.00 State of California Dam Permit for Horseshoe Lake Department of Water Resources | 9189 1 ,000.00 California Advocates , Inc. Legislative Consultant Fee--October 9190 55.00 David Camp Reimbursement--Permit and Seminar Fees 9151 2, 100,00 Clevenger Realty Appraisal Appraisal Services Corporation 9192 189.40 Comnxoneca| th Land and Title Company Title and Escrow Fees 9193 213.00 Communications Research Company Radio Maintenance 9194 209.72 Contemporary Engraving Name Plates � 9195 1 ,258.00 Dana Property Analysis Appraisal Services 9196 301 .68 Discount Office Supply Office Supplies 9197 256,80 Drake Welding, Inc. Truck Rack 9198 87. 19 Emergency Vehicle Systems Scanner Repair 9199 42-30 John Escobar Reimbursement--Tuition and Books � � 9200 2,700.00 John Estes Caretaker Services � 9201 42,75 Federal Express Corporation Express Mail 9202 39.52 Jean FiJJes Private Vehicle Expense � � 9203 3,363.40 Fidelity National Title Insurance Title and Escrow Fees Company � 9204 2,097.04 _ F.[ rst American Title Guaranty Title and Escrow Fees Company 9205 100,000.00 First American Title Guaranty Purchase of Kidwell Property Company 9206 200.00 First American Title Insurance Preliminary Title Report � Company 9207 80.55 Foothill Safety, Inc. Firefighter Equipment 9208 93.59 Forestry Suppliers, Inc. Field Supplies 9209 29.51 The Frog Pond Meal Conference 9210 39,44 Walter Coggin Private Vehicle Expense 9211 283.20 Herbert Cronch Reimbursement--Conference Expense � and Mco) Conference / CLAIMS No. 86-21 Meeting 86�27 Date: Nov. 12, 1986 Description 9212 7.56 Harbinger Communications . Computer Expense 9213 118. 17 Hengehold Motor Company Van Rental--Los Gatos Event 9214 48.68 The Hertz Corporation Car Rental 9215 264.25 Honeywell Protection Service' 9216 '410.91 Hubbard & Johnson Field Supplies 9219 737.25 Los Altos Garbage Company Dumpster Rental 9220 9.42 Los Altos Stationers Office Supplies 9221 756~25 Charlotte MacDonald | Consulting Services--Los Gatos Event 9222 158.03 Gal} A. MacDonald Photography--Los Gatos Event 9223 72.49 Mobil Oil Company Fuel for District Vehicles 9224 228, 12 Monta Vista Garden Center Field Supplies | � 9225 38.01 Joyce Nicholas Private Vehicle Expanse 9230 135.83 Noble Ford Tractor Parts for District Equipment � 9231 14.30 Norney/s Office Supplies 9232 115^35 Northern Hydraulics, Inc. Field Equipment . 92]] 957.57 Pacific 8c)l Telephone Service 9234 283.77 Pacific Gas and Electric Company Utilities � 9235 739.41 Peninsula Oil Company Fuel for District Vehicles | 9236 133.20 Peninsula Times Tribune Legal Notice--Financial Statement \ 9237 227.48 Pine Cone Lumber Company, Inc. Lumbar for Pur|yima Bridge 9238 79.83 Rancho Hardware Field Sup 'l |es 9239 172.47 Chris Saengur Water System Repairs � 9248 101 .08 San Francisco Vater Department Water Service 9261 ]U.00 David SanQuinct1l Reimbursement--Seminar Registration 9242 776.25 Santa Clara County/Sheriff's Patrol Services � Department ' 9243 997 24 Scribner Graphic Press Brochures 92144 } ,]) 7.0] She] ] Oil Company Repairs and Fuel for District Vehicles 9245 7119.00 John Shelton, Inc. Steel Culverts 9246 11 .22 Skyline County Water District Water Service 9247 319.02 Glenn Smith Consulting Services 9248 532.25 Spencer Associates Architectural Services 9249 115,57 David Tnpley Reimbursement--Repairs and Supplies 9250 631 . 16 Uno Graphics Brochures 9251 15.90 Lisa Varney Ru|mburscmeot--Field Supplies | � � � CLAIMS NO. 86-21 Meeting No.86-27 Date: Nov, 12, 1986 Amount. Name Description 9252 72.87 Sandy Voorhees Private Vehicle Expense 9253 115.28 West Coast Shoe Company Ranger Uniform Expense 9254 1 ,025.84 Xerox Corporation Supplies 9255 210.71 ZZZ Sanitation Company Sanitation Services 9256 6,750.00 Ortha Zebroski Consulting Services--Skyline Ridge Open Space Preserve i CLAIMS No. 86-21 Meeting 86-27 MIDPENINU_,A REGIONAL OPEN SPACE DISTRICT Date: Hov. 12, 1986 REVISED C L A I M S A-mount Name Description 9179 138.83 Ace Fire Equipment Service Fire Extinguishers and Inspection 9180 498.49 Adia Services, Inc. Temporary Office Help 9181 96. 17 AT&T Information Systems Group' Telephone Rental 9182 7.44 B & H Equipment Company Equipment Parts 9183 530.00 Bay Area Water Trucks Water Delivery 9184 50.00 . Bay Microfilm Equipment Repair 9185 18.55 Matthew Bender and Company Library Documents ' 9186 80.00 James Boland Reimbursement--Conference Registration 9187 70.09 Carleen Bruins Reimbursement--Equipment Rental 9188 88.00 State of California Darn Permit for Horseshoe Lake Department of Water Resources 9189 1 ,000.00 California Advocates, Inc. Legislative Consultant Fee--October 1 9190 55.00 David Camp Reimbursement--Permit and Seminar Feesl 9191 2, 100.00 Clevenger Realty Appraisal Appraisal Services Corporation 9192 189.40 Commonwealth Land and Title Company Title and Escrow Fees 9193 213.00 Communications Research Company Radio Maintenance 9194 209.72 Contemporary Engraving PJame Plates 9195 1 ,250.00 Dana Property Analysis Appraisal Services 9196 301 .68 Discount Office Supply Office Supplies 9197 256.80 Drake Welding, Inc. Truck Rack 9198 87. 19 Emergency Vehicle Systems Scanner Repair 9199 42.30 John Escobar Reimbursement--Tuition and Books 9200 2,700.00 John Estes Caretaker Services 9201 42. 75 Federal Express Corporation Express Mail 9202 39.52 Jean Fiddes Private Vehicle Expense 9203 3,363.40 Fidelity Plational Title Insurance Title and Escrow Fees Company 9204 2,097.04 First American Title Guaranty Title and Escrow Fees Coriipany j 9205 100,000.00 First American Title Guaranty Purchase of Kidwell Property Company 9206 200.00 First American Title Insurance Preliminary Title Report Company 9207 80.55 Foothill Safety, Inc. Firefighter Equipment 9208 93.59 Forestry Suppliers , Inc. Field Supplies 9209 29.51 The Frog Pond Meal Conference 9210 39.44 Walter Goggin Private Vehicle Expense 9211 283.20 Herbert Grench Reimbursement--Conference Expense and Meal Conference CLAIMS No. 86-21 Meeting 86-27` Date: Nov. 12, 198' REVISED Amount Name Description 9212 7.56 Harbinger Communications Computer Expense 9213 118. 17 Hengehold Motor Company Van Rental--Los Gatos Event 9214 48.68 The Hertz Corporation Car Rental 9215 264.,25 Honeywell Protection Services Alarm Service 9216 410.91 Hubbard & Johnson Field Supplies 9217 134.94 Kelly Business Furniture Furniture Repair 9218 30.00 Thomas Lausten Reimbursement--Seminar Registration 9219 737.25 Los Altos Garbage Company Dumpster Rental 9220 9.42 Los Altos Stationers Office Supplies 9221 756.25 Charlotte Macdonald I Consulting Services--Los Gatos Event 9222 158.03 Gail A. 11acDonald Photography--Los Gatos Event 9223 72,49 Mobil Oil Company Fuel for District Vehicles 9224 228. 12 Monta Vista Garden Center Field Supplies 9225 38.01 Joyce Nicholas Private Vehicle Expense 9230 135.83 Noble Ford Tractor Parts for District Equipment 9231 14.30 Norney' s Office Supplies 9232 115.35 Northern Hydraulics, Inc. Field Equipment 9233 957.57 Pacific Bell Telephone Service 9234 283.77 Pacific Gas and Electric Company Utilities 9235 739.41 Peninsula Oil Company Fuel for District Vehicles 9236 133.20 Peninsula Times Tribune Legal Notice--Financial Statement 9237 227.48 Pine Cone Lumber Company, Inc. Lumber for Purisima Bridge 9238 79.83 Rancho Hardware Field Supplies 9239 172.47 Chris Saenger Water System Repairs 9240 101 .08 San Francisco Water Department dater Service 9241 30.00 David Sanguinetti Reimbursement--Seminar Registration 9242 776.25 Santa Clara County/Sheriff's Patrol Services Department 9243 997.24 Scribner Graphic Press Brochures 9244 1 ,317.03 Shell Oil Company Repairs and Fuel for District Vehicles 9245 749.00 John Shelton, Inc. Steel Culverts 9246 11 .22 Skyline County Water District Water Service 9247 319.02 Glenn Smith Consulting Services 9248 532.25 Spencer Associates Architectural Services 9249 115.57 David Topley Reirbursement--Repairs and Supplies 9250 621 . 16 Uno Graphics Brochures 9251 15.90 Lisa Varney Reimbursement--Field Supplies CLAIMS NO. 86-21 Meeting No.86-27 Date: Nov. 12, 1986 REVISED Amount Name Description 9252 72.87 Sandy Voorhees Private Vehicle Expense 9253 115.28 West Coast Shoe Company Ranger Uniform Expense 9254 1 ,025.84 Xerox Corporation Supplies 9255 210.71 ZZZ Sanitation Company Sanitation Services 9256 6,750.00 Ortha Zebroski Consulting Services--Skyline Ridge Open Space Preserve 9257 160. 16 Petty Cash Film Processing, Xeroxing, Meal Conferences, Subscriptions and Office ,Supplies 9258 800.00 United States Postmaster Postage g