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HomeMy Public PortalAbout19861124 - Agendas Packet - Board of Directors (BOD) - 86-28 ,'Meeti 86-28 ML I i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 7 :30 P.M. RESCHEDULED REGULAR MEETING 201 San Antonio Circle Monday BOARD OF DIRECTORS Building C-135 November 24 , 1986* A G E N D A Mountain View, CA (7 :30) **ROLL CALL APPROVAL OF MINUTES (November 12 , 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS j (7 :45) 1. Final Status Report on Legislative Program for 1985-1986 Legisla- tive Session -- H. Grench (8 :15) 2 . Use and Management Plan Review for the Long Ridge Open Space Preserve -- D. Hansen I (8 :45) 3 . Proposed Panighetti Property Addition to the Long Ridge Open Space Preserve -- 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 (Long Ridge Open Space Preserve - Lands of Panighetti) (9 :10) 4. Final Adoption of the Interim Use and Management Plan for the Luckenbach Property Addition to the Sierra Azul Open Space Pre- serve - Limekiln Canyon Area -- D. Hansen (9 :15) 5. Final Adoption of the Interim Use and Management Plan for the Blair Property Addition to the Sierra Azul Open Space Preserve - Kennedy Road Area -- D. Hansen (9 :2.0) 6. Proposed La Croix Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement - Bargain Sale , Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of La Croix) (9 : 30) 7. Status Report on Monte Bello Road and Request to Extend Agreement With County of Santa Clara for Right of Entry at Picchetti Road Area -- D. Hansen (9 :35) 8. Resolution Supporting the Protection of a Permanent Bay Area Greenbelt -- H. Grench Resolution Supporting the Protection of a Permanent Bay Area Greenbelt (9 :40) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and,Litigation Matters) ADJOURNMENT *The November 26 Regular Meeting was rescheduled to November 24, 1986 . **Times are estimated. Agenda is subject to change of order. TO ADDRESS THE BOARD: When an item you',te concetned with appeau on the agenda, the Cha,&t witt invite you to addte.6.6 the Bound at that time; on otheA matteu you may adAe,6.6 the Board undeA O,,wl Communicationz. An attetnative Zs to comment to the Board by a Wxitten Communication which the Board appuciates. Each speaker wilt otdin"y be timited to 3 minutu. When tecognized, ptecue begin by stating youA name and addtezz. We tequat that you JiU out the 6otm provided and pkaent it to the Reco&ding SecAetaAy Asa that your name and add,%e6,s can be accutatety included in the minutes. 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 REGULAR MEETING BOARD OF DIRECTORS NOVEMBER 12 , 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7 : 34 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Nonette Hanko, and Richard Bishop. Member Absent: Harry Turner, Personnel Present : Herbert Grench, Craig Britton, David Hansen , Mary Hale , Del Woods , James Boland, Mary Gundert, Stanley Norton, and Doris Smith. II . APPROVAL OF MINUTES A. October 18 , 1986 Motion : D. Wendin moved the approval of the recording of events at the dedication of the Los Gatos Creek Park. E. Shelley seconded the motion. The motion passed 6 to 0 . B. October 22 , 1986 Motion : N. Hanko moved the adoption of the minutes of October 22 , 1986 . T. Henshaw seconded the motion . The motion passed 5 to 0 with E. Shelley abstaining because he was absent from the meeting. III . WRITTEN COMMUNICATIONS D. Smith stated the Board had received the following written communi- cations : 1) an agenda notice of the November 6 , 1986 meeting of the South Bay Ground Water Contamination Task Force, 2) a letter from Douglas J. Gaynor , Director of Santa Clara County Parks and Recreation Department , dated October 17 , 1986 expressing appreciation for the Board ' s support of Santa Clara County ' s Measure "A" on the November ballot . E. Shelley stated the Board 's consensus approving staff 's recommen- dation that neither written communication required further response. IV. ORAL COMMUNICATIONS There were no oral communications . Herbert A.Grench,General Manager. Board of Dtrectors:Katherine Dutty,Nonette G.Hanko,Teens Henshay,.Richard S.BishoD.Edward G.Sher Harry A Turner-Daniel G.Wendin Meeting 86-27 Page Two V. ADOPTION OF AGENDA E. Shelley stated that the agenda was adopted by Board consensus. VI . BOARD BUSINESS A. Showing of "Treasures of the Greenbelt" (Report R-86-101 of November 3 , 1986) H. Grench introduced Jay Powell who is the Field Organizer of People for Open Space for San Mateo and Santa Clara Counties. Mr. Powell showed the film, "Treasures of the Greenbelt" and des- cribed the work that People for Open Space and the Greenbelt Con- gress are doing. B. Access Facilities for Alpine Pond Area of Skyline Ridge Open Space Preserve (Report R-86-108 of November 6 , 1986) D. Hansen stated that staff had met recently with representatives from CalTrans , the California State Department of Parks and Recreation grants program, the San Mateo County Planning and Public Works Department , and a range management consultant to obtain answers to questions that had been raised at the October 22 meeting relating to access facilities to the Alpine Pond area. D. Woods discussed the three topics presented in the staff report pertaining to the State grant project , restricted whole access parking, and the parking area at Russian Ridge. Discussion centered on the implications that the various proposed access changes may have on the existing and proposed State grant projects . D. Woods noted that the project manager from the State had reviewed the District 's progress thus far and was satisfied that staff is adequately exploring alternatives to providing access"," to the Alpine Pond area. D. Woods also noted that the project man- ager had identified three other potential alternative State funding possibilities for a potential underpass which include the funds from off-shore drilling, funds left over from the first round of Proposition 18 Grant funds allocations , and the environmental li- cense plate fund. T. Henshaw, referring to staff 's discussion with the State grants project manager, asked if the District would be required to pay back grant funds if the District was unsuccessful in providing a whole access trail to Alpine Pond. D. Woods responded that the State would be satisfied if the District made every attempt to try to implement plans as presented in the grant proposal , and, therefore , the District would not lose any of the grant monies. He further stated that if funds were left over from the Stage One projects , they could be applied to the second stage expenditures so long as the money was used on th-- Skyline Ridge Preserve. In response to R. Bishop ' s question, D. Hansen stated that staff was recommending that further study and work be discontinued on the entrance to the ranch area of the Preserve from Skyline Boule- vard due to the difficulties encountered in trying to implement a safe entrance. Phyllis Cangemi , 517 Lincoln Avenue , Redwood City, representing Whole Access , said she doesn 't recommend spending any money for development projects at Alpine Lake if whole access to the area Meeting 86-27 Page Three is unsuccessful and that the main issue is environmental feasi- bility. R. Bishop stated that he supported staff 's recommendation to work toward the goal of whole access to Alpine Lake , investigating all alternatives to come up with the best solution. Motion : R. Bishop moved 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 poten- tial underpass -route to the pond. T. Henshaw seconded the motion. Discussion : Christy Holloway, of Peninsula Open Space Trust, commended staff 's approach to difficult problems that could not be foreseen during earlier studies. The motion passed 6 to 0 . K. Duffy suggested that the District consider publicizing what whole access possibilities exist on Distric t preserves, the percen- tage of grade of trails that could be used for whole access, and what trails could be accessible for wheelchairs . E. Shelley sug- gested this item be placed by K. Duffy on a future agenda. C. Final Adoption of the Interim Use and Management Plan for the Dyer Property Addition to La Honda Creek Open Space Preserve (Report R-86-106 of November 5 , 1986) D. Hansen reviewed the staff report and advised that an informal meeting had been held with neighbors of La Honda Preserve and the Dyer property addition to discuss future use of the Dyer Ranch by the District. He said a public meeting has been tentatively sched- uled for February 18 , 1987 when potential access , parking, tres- pass concerns , and other pertinent items will be discussed. Discussion centered on the recommended number of vehicle permits which the District would issue for the site during the initial planning stages when the site could be accessed by vehicle only by permit from the District office. C. Britton stated that due to the narrow conditions on Bear Gulch Road and the fact that Allen Road is a private road , it is incumbent upon the District to con- trol access to the site until access problems can be worked out. N. Hanko said she supported the recommendations from staff. She noted that attempts have been made from the beginning to meet with the neighbors to ascertain what their concerns are. She said that the permit system will permit the District to respond in a good faith gesture to their concerns until it is known better what the situation is in the area. Kathy Kennedy-Miller , 16222 Skyline Boulevard , Woodside , said she would speak against the staff recommendations due to the existing conditions on Bear Gulch Road which made the issuance of even one permit for a car on that road excessive . She questioned where public parking would take place , and D. Hansen stated that parking is intended to be accommodated at the junction inside the property before the caretaker ' s cottage. In response to her other ques- tions , E. Shelley noted that no restrictions would be in effect which would limit access only to weekday or weekend use , and he also noted that the subject of signing was addressed in the Interim Meeting 86-27 . Pag I e, Four Use and management recommendations . Following further discussion on limiting vehicle permits, D. Hansen noted that at a meeting of neighbors of the site there was no disagreement with using a limit of 20 permits per day. D. Wendin said he would support placing that kind of limit, as it is simply a cap to govern during the first year of planning. Motion: D. Wendin moved the adoption of the recommendation in the staff report and that item E-3 be changed to state : " . . .the site will be open to individuals and organized groups who may obtain a vehicle permit and site map from the District office. Such permits on any one day are limited to 20 . " T. Henshaw seconded the motion. Motion to Amend : N. Hanko moved that the motion be amended to change 20 vehicles to 10 . The motion died for lack of a second. The original motion passed 6 to 0. D. Final Adoption of the Interim Use and Management Plan for the Peters Property Addition to the Russian Ridge Open Space Preserve (Report R-86-104 of November 4 , 1986) D. Hansen pointed out in the staff report that staff was recommen- ding the addition of Item 3 to the Interim Use and Management Plan for the Russian Ridge Open Space Preserve which would address tres- passing concerns mentioned by a neighbor. Motion : N. Hanko moved the final adoption of the Interim Use and Management Plan for the Peters property addition to the Russian Ridge Open Space Preserve as contained in Report R-86-76 and amended to include Item 3 in Report R-86-104 ' and that the Board indicate its intention to dedicate the property as public open space. R. Bishop seconded the motion. Discussion : Maureen Mehtala, 20200 Skyline Boulevard, Woodside, asked that the District install "No Preserve Access" signs at Skyline Boulevard to prevent trespass on her property. She said that no easement rights had been granted on her property. H. Grench advised that such signing was tricky and could actually encourage trespass , but that the Land Management staff would work with her to attempt to resolve any prob- lems that might exist. T. Henshaw stated that the subject of signage on Skyline Boulevard needs to be addressed as an agenda item so the Board can study the problems that pertain to that area. The motion passed 6 to 0 . E. Final Adoption of the Interim Use and Management Plan for the San Jose Water Com2any Pr — 2��Add_itic��n to Los Gatos Creek Park (Report R-86-99 of 06tober 22 , 1986) D. Hansen reported that the major issue to surface at Los Gatos Creek Park has been reaction to the closure of the new Jones Road trail to use by bicyclists . He said the problem will be presented to the Midpeninsula Trails Council in December and at a public Meeting 86-27 Page Five r ' workshop in January before staff formulates any further policies d for trail use on the site. Discussion centered on the vandalism that is currently occurring on the site and the possible solutions to the problem. Motion: R. Bishop moved the final adoption of the Interim Use and Management Plan for the San Jose Water Company property addition to Los Gatos Creek Park as presented in the staff report. N. Hanko seconded the motion. The motion passed 6 to 0. F. Final Adoption of the Interim Use and Mana ement Plan for the Cali- fornia Province of the Society of Jesus Property Addition to the Sierra Azul Open Space Preserve - Kennedy Road Area (Report R 86 98 of October 22 , 1986) D. Hansen reviewed the staff report. Motion: N. Hanko moved the adoption of 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. K. Duffy seconded the motion. The motion passed 6 to 0 . G. Proposed Kidwell Property Addition to the Sierra Azul Open Space Preserve - Mt . Umunhum Area (Report R-86-107 of November 6 , 1986) C. Britton briefed the Board on the terms of the agreement for pur- chase of the Kidwell property which consists of two parcels , par- cel one of 358 acres and parcel two of 78 acres , for a total pur- chase price of $350 ,000 . He stated that although title to the 78 y acres , in particular, is somewhat clouded, it was staff 's intention that the District occupy and use both parcels . The Interim Use and Management recommendations were outlined by D. Hansen following a slide presentation by M. Gundert. The representatives of Harvey and Ruth Lawrence, contiguous owners near Wrights Station Road, raised questions about access and ease- ment rights on adjoining properties and asked if their property could be nl la clocked by this District purchase of property. D. Wendin re sponded onded t that casement rights in existence before purchase of the property would not be affected by this acquisition; what- ever rights existed prior to sale of the property would be the same after the sale. C. Britton stated that staff would work with neighbors to try to resolve any access problems that may exist. Motion : K . Duffy moved the adoption of Resolution 86-64 , a Resolu- tion 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 Author- izing General Manager to Execute Any and All Other Docu- ments Necessary or Appropriate to Closing of the Trans- action (Sierra Azul Open Space Preserve - Land of Kidwell) . N. Hanko seconded the motion. The motion passed 6 to 0 . Motion : K. Duffy moved the adoption of the Interim Use and Manage- ment Plan recommendations contained in the staff report including naming the property as an addition to the Sierra Azul Open Space Preserve - Mt . Umunhum Area and Meeting 86-27 T Page Six indicate its intention to withhold the property from dedication at this time. N. Hanko seconded the motion. The motion passed 6 to 0 . H. Naming_ of Ravenswood Preserve (Report R-86-102 of October 31, 1986) D. Hansen reported that letters were sent to the Cities of East Palo Alto and Menlo Park regarding the proposal to change the name of the District 's San Mateo County Baylands Reserve to Ravenswood Open Space Preserve. He said that only one letter had been received in reponse to the suggested name change in which a member of the Menlo Park City Council thought the word "Reserve" should be kept in the title. a Motion : D. Wendin moved approval of changing the name of the Dis- trict 's San Mateo County Baylands Reserve to Ravenswood Open Space Preserve. E. Shelley seconded the motion. The motion passed 6 to 0 . I . California Community Parklands Act of 1986 Grant Application (Re- port R-86-105 of November 5 , 1986) C. Britton reviewed the staff report and noted that the potential projects are quite inclusive at this time , which allows consider- able flexibility. Motion : N. Hanko moved the adoption of Resolution 86-65 , a Resolu- tion of the Board of Directors of 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 Addi- tions , and Rancho San Antonio Open Space Preserve Addi- tions . K. Duffy seconded the motion. The motion passed 6 to 0 . J. Rescheduling of November 26 Regular Meeting to November 24 (Report R-86-100 of October 23 , 1986) Motion : E. Shelley moved to reschedule the November 26 meeting to Monday, November 24 at 7 :30 P.M. at the District office. T. Henshaw seconded the motion. The motion passed 6 to 0 . VII . INFORMATIONAL REPORTS H. Grench reported that he sent letters congratulating successful local candidates following the recent November elections . He said a copy of the new All-Site Brochure was enclosed with each letter. He said staff would be happy to work with any Board member wanting to send their own letters to newly elected officials . H. Grench suggested that the second Regular Meeting for December be held on Monday, December 22 since the normal meeting date would fall on Christmas Eve . Since no Board member indicated this date would pose a conflict , he said this would be formally recommended on the agenda of December 10 . Meeting 86-27 Page Seven VIII . CLAIMS Motion : R. Bishop moved approval of Revised Claims 86-21. N. Hanko seconded the motion. The motion passed 6 to 0. IX. CLOSED SESSION The Board adjourned to Closed Session at 10 :26 P.M. S. Norton stated that no litigation matters would be discussed during the Closed Session . i X. ADJOURNMENT The Board reconvened to adjourn at 11 : 12 P.M. Doris Smith Secretary i I F I CLUmS No. 86-21 1i-_CLing ' 86-27 flunwil TX REGIONAL OPEN spACE T. E)ate: I-jov. 12, 198. IRIC11, REVISED C L A 1 1,1 S !no V1 n t Name Description 9179 13S.83 Ace Fire Equipment Service Fire Extinguishers and Inspection 9 1 8o 1198.49 Adia Services, Inc. Temporary Office Help 9181 96. 17 AT&T Information Systems Grouo Telephone Rental 9182 7.41; 8 & 1­1 Equipment Company Equiprnent Parts 91313 530-00 Bay Area Water TrUCkS. Wa t e r Del i ve,ry 9 184 50.00 Bay Microfilm EqUi preen t Repair 9185 18-55 Matthew Bender and Company Library Documents 9 1'c 80.00 James Boland Re i 1,16Ursemcrit--Con f erence Rcg 1 s t ra t i 01, 91687 70-09 Carlecn Bruins Reimbursemem--Equipmcnt Rental 9188 83-00 State of California Dam Permit for Horseshoe Lake Department of 'Watcr Resources 9189 1 ,000.00 CaliFurnia Advocates , Inc. Legislative Consultant Fec--October 9190 5 5.01D David Car,,;-) Reimbursement--Permit and Seminar Fee! 9191 2 , IG0.00 Clevenger Realty Appraisal Appraisal Services Corporation 9192 IF9. 00 Commonwealth Land and Title Company Title and Escrow Fees 9193 20-00 Communications Research Company Radio Maintenance 9194 209. 72 Cot,tcmpora ry Engraving Mamc Plates 9195 1 ,250.00 Dana Property Analysis Appraisal Services 919E 301AS Discount Office suppq Office Supplies 919 250.80 Drake Welding, Inc. Truck else!; 9198 87- 19 Emarqcncy Vehicle Systcms Scanner Repair 9199 !i'_'. ),C" Jo!in Esc(-,!)at- Reimbursement--Tuition and Books 9200 2000.00 John Estes Caretaker Scrvices 9201 42. 75 Federal Express Corporation Express Mail 9207 39. 52 jean FAMs Private Vehicle Expense 9203 3 ,30.10 Fidality Notional Title Insurance Title and EscroA Fees Company 920% F 2XV.04 .i ;-:;t fv;'oricin Title Cu r,:jnt ,/ Title and Escron Fees G First lv .�-rican Purchase of Kidwell Property CCVIP,NIY 9200 200. 00 First Are ricnn Titiv Insurancc Preliminary Title Report coqwily 920Y 80. 55 Foothill SaFaLy, Inc. Firefighter Equipwan 9201 0. 52 Forc ,UN Suppliers , Inc. Field Supplies 9209 29. 51 W Frcq Pork! Meal Conference 9210 35. 40 wnitcr Private Vehicle Expanse 9211 2S3. 20 harhm Gronah RcimbursenonL--%nQrcnce Expense and Wal Con0rencu CLAIMS IMS No. 86-21 Meeting 86-27` l Date: Nov. 12, 198 r r_ Manic REVISED __ - ---- Description 9212 7. 56 Flarb i nger Coirmun i cations . Corraputer Expanse 4 9213 1 18. 1 7 Hengeho 1 d Motor Company Van Rrenta l--l_os Gatos Event f 9214 43.68 The Hertz Corporation p Car Rental 9715 264,25 Honeyv:::ll Protection Services Alarm Service 9216 41Q.91 Hubbard & Johnson Field Supplies 9217 134•94 Kelly Business Furniture: Furniture Repair " I 9218 30.00 Thrimas Lausten Rcsir7bursenient--Swinar RegistrG-aito:a 9219 737.25 Los Altos Garbage Company Dumpster Dental d 9220 9.42 Los Altos Stationer; Office Supplies 9221 756.25 Charlotte MacDonald Consullinq Services--Los Gatos How 9222 158.03 Gail A. MacDonticl Photography--Los Gatos Event 9223 72.49 Mobil Oil Company Fuel For District Vehicles 9224 228. 12 Monta Vista Garden Canter Field Supplies 9225 38-01 Joyce Nicholas Private Vehicle Expense 9230 135.83 NoW e Ford Tractor Parts for District Equipment: 9231 14.30 iJorney' s Office Supplies 9232 115. 35 Northern hydraulics, Inc. Field Equipment 9233 957.57 Pacific Bell Tc,lephone Service 92 4 283. 7.7 Pacific Gas and Electric Company Utilities 9235 .41 Peninsula Oi l Company Fuel For District Vehicle<_: 9236 133.20 Peninsula Times Tr; hunc Legal Notice--Financial Statement 9237 227. 48 P i nc Cone Luwbur Comp any, Inc. Lumber for Pur- i s ima Bridge J l 9233; 79.03 Rancho Hard!,.a r e. Field Sr.rppl i es 92 9 � ,' 112.47 Chris S 7 :iaCrC'r Water Sys tum Repairs 9200 101 .0s San Francisco Wate r uapavtrmnt Water Service 9w 30.00 David Sanguin Li Reis+burnemant-.-Seminar Registratic ! 176.25 Santa Clara County/ShurifF' . Patrol Services Dcp•_rr'tr,;��n t 920 ] ( a.7 � - �J .2`r SCr"11>;ie'r` �il'caplli(;; fi'C'_S� BI`CiChUCi:: 9244 1 , 31 7-03 She.l 1 Oil Cc,wp ar y Repairs and Fi3a 1 for District Vehicle 9205 749.00 JOH Sh l tors, Inc. 5tc;e] Culverts 9246 11 . 22 Skyline County W District l Wirer Dis°, 1<It:.r Sc:rvice 319.0% Glenn ., ,i ' ii Qn%ultinq Swrviccs 9243 532. 25 Spenccr Associates Arc,..ritucLural Service,, t21:5 115 0I David �y r Topic),e lie lQ h. i .. ur r t r�..}>��i rs zrnc3 Su�',i;1 c c250 621 . 16 U00 Graphics i'ru chum.Lisa Varney _ H it ur _e.inn;. `i Iu1d Supplies CLAIMS tt0. 06-21 Meeting 086721 86-2.7 Date: Nov. 12, 198 f I REVISED Argo tin t Is'arno Description 9252 72.87 Sandy Voorhees i Private Vehicl Expense 9253 115.28 West Coast Shot' Company Ranger Uniform Expense 9254 1 ,025.84 Xerox Corporation Supplies 9255 2.10.71 ZZZ San ila t i on Company Sanitation Services 9256 6,750.00 Ortha Zc.broski Consulting Services--Skyline Ridge; Oven Space: Preserve 9257 160. 16 Petty Cash Filri Processing, Xeroxing„ Meal Conferences, Subscriptions and Office Supplies 9258 i00.00 United States Postmaster Postage I R-86-111 (Meeting 86-28 November 24, 1986) '01 'VAM 1 8 sw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 13 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Final Status Report on Legislative Program for 1985-1986 Legislative Session Introduction: I last gave you an update on the District' s Legislative Program for the 1985-1986 legislative session via Memorandum M-86-69 dated July 30, 1986 . The legislative session has ended, and I am pre- senting herein a final status report. Discussion: Two new items were added to the Legislative Program since July. At your meeting of October 8 , 1986 you adopted resolutions supporting Measure A on the Santa Clara County November ballot and opposing Proposition 61 on the State ballot (see report R-86-95 of October 2 , 1986) . As you know, Measure A was approved by the voters, and Proposition 61 was rejected. Attached for your information is a table entitled "Final Status of Revised Legislative Program for 1985-86 Session" . The overall scorecard for the program is presented in the following table: Relative No. of No. of Items Relative No. of Total Including Total Items in Bill That Did Not Ballot Measures Only Items Including Priority of Form That Went Reach Bill That Went Board's Reaching Bill All Item Board's Way Form Way Form Items A 2 of 3 2 1 of 1 3 of 4 3 of 6 B 5 of 7 2 ---- 5 of 7 5 of 9 C 2 of 4 0 ---- 2 of 4 2 of 4 None Adopted 0 of 0 0 3 of 3 3 of 3 3 of 3 Total 9 of 14 4 4 of 4 13 of 18 13 of 22 In addition to the items specifically included in your Legislative Program, we followed the progress and amendments of over 100 bills that could affect the District' s programs , which were referred to us by California Advocates or requested by me. Often bills were routed to District Legal Counsel and/or staff for comment. Ralph Heim of California Advocates , the District' s Legislative Consultant in Sacramento, will be on hand at your November 24 meeting to give you his insights on this past legislative session as it affects the District' s pro- grams and on prospects for the future in light of the outcome of the recent State elections. His Legislative Status Report dated November 12 , 1986 is attached as is the final review of the session of the Cal ifornia Park and Recreation Society legislative program. It is now time to formulate an initial Legislative Program for the 1987- 1988 session so that legislation can be formulated and introduced in accordance with early 1987 deadlines. I am preparing a list of ideas and will schedule a meeting of the Legisla- tive Committee so that recommendations can be made to the whole Board. Adopted by Board of Directors August 28, 1985 Amended October 23, 1985 and may 14, 1986. Status updated November 13 , 1986 FINAL STATUS OF REVISED LEGISLATIVE PROGRAM FOR 1985-86 SESSION Item Bill Prime Lead Support/Oppose/ No. No. Sponsor Author No Position Priority Summary Status 1 AB 13 Roos S A Protection of District' s current Signed by Governor share of property tax 2 MROSD S A Funding for proposed Bear Creek Red- Property not yet woods State Park if property becomes available available at reasonable cost 3 MROSD S A Funding for trail corridor con- Exploratory dis- nections, in fee, or easements, cussions on poten- from MROSD lands to State parks tial legislation held 4a AB 2253 MROSD Sher S B Clarification and strengthening of dedication rules to assure that trail and open space easements can be protected by dedication - P.R.C. 5540 ,, 4b AB2253 MROSD Sher S B Modernization of repayment schedule Signed by Governor for district debt and sales require- ments to allow, for example, equal payments of principal plus interest rather than just principal - P.R.C. 5544 .1 and 5544 .2 5a SB 1685 MROSD Bergeson S B Housekeeping change to P.R.C. 5552 to add check signatory authorization by resolution Signed by Governor 5b SB 1685 MROSD Bergeson S B Would add P.R.C.=Sec. 5539 . 5 to allow District' s Board of Directors to use provisions of 1911, 1913 and 1915 improvements acts 5c MROSD S B Would amend P.R.C. to allow A review of need indi- District to refund and refinance cated legislation notes and more readily utilize probably not necessar , short term financing not included in SB 155 as originally planned 11/13/86 Item Bill Prime Lead Support/Oppose/ Priority Summary Status No. No. Sponsor Author No Position 6 MROSD Modification of Brown Act to Referred to Legis- allow Closed Session discussions lative Committee; of properties within master plan Board to decide planning area, possibly without whether to pursue a list or parcel-specific notice 7 MROSD S B Require a redevelopment agency, No legislation feasible when it shares a portion of the this session tax increment with one entity levying taxes within the re- development area, to share with other entities levying taxes within the redevelopment area an equal percentage of taxes that would have been lost by each entity ,8a SB 360 EBRPD Lockyer S B Housekeeping changes to bring rules regarding filling of board vacancies into conformity with Elections Code-P.R.C. 5536 (c) Signed by Governor 8b SB 360 EBRPD Lockyer NP Allowance of up to $100 compen- sation for board member atten- dance at committee meetings and field trips, but maintaining $100 daily and $500 monthly maximum for all meetings--P.R.C. 5536 (b A AB 1563 EBRPD Bates NP lei n i�ng audit publication date Language deleted; purpose from not--T* han 90 to not of bill changed later than 120 days nd of fiscal year - P.R.C. 555 10 AB 355 EBRPD Klehs S C Housekeeping changes regarding Died in committee disposition of district records- P.R.C. 5557.1 11/13/86 Item Bill Prime Lead Support/Oppose/ Priority Summary Status No. No. S22nsor Author No Position I 11 AB 601 EBRPD R. Campbell NP Allowance of up to $100 compen- Signed by Governor; sation for board member atten- contains urgency dance at committee meetings and clause field trips, but maintaining $100 daily and $500 monthly maximum for all meetings P.R.C. 5536 (b) 12 SB 805 Presley S B Wi-wife and Natural Areas Con- Language deleted; purpose servatio-n—A f 1986 to author- of bill changed 0 0�0 ize $85,000, 000 nd issue v ry for use by Wildlife Cons�ery Board 13 SB 806 Presley S A Community Parklands Act of 1986 Signed by Governor; to authorize $100 ,000, 000 State Proposition 43 on June bond issue for local acquisition 1986 ballot; passed and development grants 14 SB 1717 PCL Maddy S A California Agricultural, Natural Died in Assembly and Park Lands Conservation Act Ways and MeanF7t��umrj4cleew to authorize a $500 ,000 ,000 State bond measure 15 AB 4413 Coastal Killea S B California Shore, Beach, and Passed Assembly; Conservancy Stream Restoration Facilities died on Senate floor Bond Act of 1986 16 AB 2198 Schools Felando 0 C Severe limitation of application Died on the Inactive Fi_ of Naylor bill requiring offer of some below-market sale of surplus school property to public agencies 17 AB 1456 Fairs Clute 0 C Make citrus fruit fairs eligible Signed by Governor for 1984 Park and Recreation Bond Act funds 18 AB 2020 Californians Margolin S C Require deposit on beverage Signed by Governor Against Waste bottles 11/13/86 Item Bill Prime Lead Support/Oppose Priority Summary Status No. No. Sponsor Author No Position 19 Prop. 43 Taxpayers S Fair Responsibility Act of June 1986 State ballot for Fair 1986; "Deep Pocket" initiative measure; Responsi- Initiative Prop. 51; passed bility 20 Santa Committee S Extends Santa Clara County November 1986 ballot Clara of 100 Charter for Parks funding, measure; passed County but at reduced level 'Measure A 21 Prop. 61 Paul Gann 0 Would have limited public November 1986 State et al. employees compensation, etc. ballot initiative; failed - _, I i i i ``. a M E M O R A N D U M OFFICE OF MARIN COUNTY PARKS AND RECREATION DEPARTMENT T O : County Parks & Recreation Directors Association DATE November 4, 1986 FROM : Don Dimi tratos, Director 661w- SUBJECT: Legislative Update Enclosed, please find the latest report from CPRS on the Legislative Update. DD:hl Attachment i Park Executive Bldg.,925 L Street,Suite 380,Sacramento,CA 95814 (916)441-5050 November 12, 1986 MEMORANDUM TO: Herb Grench FROM: Ralph A. Heim MIA- SUBJECT: Legislative Status Report i With the November 4 election now history, the 1987-88 Legislative Session will begin in Sacramento on December 1 , 1986. There were no major surprises resulting from the election and when the new session begins, the party breakdown for each house will be as follows: SENATE Democrats: 23 Republicans: 15 Independent: 1 Open Seat: 1* *The open seat results from Senator Paul Carpenter's election to the State Board of Equalization. ASSEMBLY Democrats: 44 Republicans: 36* *This represents a net increase of three seats. Also, at this writing, it appears that there will be no leadership changes in either the Senate or Assembly as a result of the election. Turning to the District's 1985-86 Legislative Program, together we followed over 100 bills. Of those bills with an "A" priority, AB 13 (Roos) which protects the district's current share of the property tax and SB 806 (Presley), the Community Parklands Act of 1986, were signed by the Governor. -2- In the "B" priority classification, all of the bills the District supported except AB 4413 (Killea), relating to bonds for beach and stream restoration, were passed and signed by the Governor. The bill in the "B" classification that consumed most of our time was SB 1685 (Bergeson) which contained two District-sponsored amendments. The amendments addressed Public Resources Code Section 5552 to add check signatory authorization by resolution and an amendment to Public Resources Code Section 5539.5 which allows the District to use the 1911 , 1913 and 1915 Improvement Acts. This latter amendment became somewhat controversial with some legislators that were concerned the amendment would grant new taxing authority to the District without voter approval . With your direct communication with a number of the concerned legislators, we were able to eliminate this problem and the bill passed and was signed by the Governor. The major disappointment this session was our inability to secure passage of redevelopment legislation. The use of tax increment financing by redevelopment agencies has been the subject of numerous bills this session but no substantive changes were adopted. Assemblyman Cortese has indicated that he will introduce legislation next year to address the subject of tax increment financing and hopes that cities, counties and special districts will agree on the need to reform this very controversial issue. Please call if you have any questions and I look forward to meeting with you and the Board on November 24. RAH/vp M CALIFORNIA PARK & RECREATION SOCIETY ,. c�5., r I. BOARD OF DIRECTORS PRESIDENT 'CHARLES 0 DAVIS Miss'on Oaks PR ESIDENT-ELECT 'HENRY AGONiA October 28, 1986 &endw VICE PRESIDENT 'JONATHAN KORFHAGE Oakand SECRETARY/TREASURER } 'TED SCHROEDER El Ca,on PAST PRESIDENT MEMO TO: Legislative Committee •MICHAEL D.FENDERSON Garden Grove NORTHERN RAYMO REPRESENTATIVE : ND NTATIYE' FROM Pat O'Brien, Legislative Chair JAM Pe;a�uma SOUTHERN REPRESENTATIVE ELEENSAOVNNEu Fu��erton RE: Legislative Update DISTRICT 1 DIRECTOR JACOUELINE BRANCH DISTRCorte ICTNDI Madera Attached you shall find the final review of the �rarTER 1985-86 Legislative session for C.P.R.S.. The DISTRICT III DIRECTOR FREDFRAMSTEAM$TE O 1987-88 legislative-session will convene on $CT IV DIRE Monday, December l 1986 for a five day DAVIDMUEU Milpitas administrative session. The session will then DISTRICT YOR reconvene for regular business Monday, CHUCK lAORGAN GAN gar usness on ed DISTRICT VI DDIIRECTOR January 5, 1987 . TERRY DAVIS Salinas DISTRICT VII In the interim I shall be workingon the schedule MIKE$TALUNGS + � DISTRICTRVIIDIRECTOR for C.P.R.S. legislative meetings during the PAUL LE Maria Santa u1 1987 Calendar Year. Should you have any questions, DISTRICT IX DIRECTOR JACK NAKANISHIANISHI please do not hesitate to contact me. Culver City DISTRICT X DIRECTOR JACK KUORON POB:dt Attention DISTRICT XI DIRECTOR MIKE FARRI$ Y°G copies to: Jonathan Korfha DISTRICT XR DIRECTOR co e P g NANCYrove M Don Dimitratos tenon Gttrve DISTRICT XIII DIRECTOR Chester Land DON Al1EN La Puente Robert Thomas DISTRICT XIV DIRECTOR "ELLD'AC David Mills G�endate DISTRICT XV DIRECTOR Joel W i the re l l STEVE MINTON Te'SECi Henry onia ADMINtSTRATORS'SECTLON DIRECTOR y g BILL BRUDNEY Jack Harrison concw d EDUCATORS'SECTWNDIRECTOR Chuck Davis GENE LAMKE SE Russ Porter STUDENT SECTION DIRECTOR ENK SUMMERS ' �e John O'Donnell RECREATION SUPERVISORS' Curt Robertson SECTION PRESIDENTS CHRISTINEADAMS Al Fortham Buena Park THERAPEUN"iSECT NDIRECTOR Ternes—Houston Reed,ey Marilyn Olson RE' C12;- � � V , COMMERCIAL SECTION DIRECTOR y DEBBY LAMB Laguna Hills PARK OPERATIONS SECTION DIRECTOR G.C. Don McMurchie4: CHRIS JAW Anewm ARMED FORCES SECTION DIRECTOR MAW N COUNTY DARRYLSHAW lemoore PARKS AND RECREATION 1 enclosure 'ExfCUTNE COUNCIL AFFILIATE OF THE NATIONAL RECREATION& PARK ASSOCIAPON CALIFORNIA PARK AND RECREATION SOCIETY LEGISLATIVE REPORT October 16, 1986 AB 2020 (Margolin) Beverage containers: redemption and recycling SUPPORT (Conf. am) values. • APPROVED BY GOVERNOR, CHAPTER 1290, Statutes of 1986. Measure creates the Beverage Container Recycling and Litter Reduction Act and requires the Department of Conservation, in consultation with a 12 member advisory committee, to implement its provisions. Establishes a redemption value of at least one cent for non-refillable beverage containers sold in this state on or after 9/1/87, and provides for increased redemption values depending upon experienced recycling rates for each type of container, as specified. AB 2445 (LaFoliette) Fingerprints: child care facility employees. SUPPORT (8/18/6 am) t APPROVED BY GOVERNOR, CHAPTER 927, Statutes of 1986. Measure requires Department of Justice to expedite fingerprint clearances for child care employees; also requires the fingerprints be submitted to the licensing agency within 4 calendar days, rather than 20 days, following employment. AB 2754 (Vicencia) Income taxes: deductions. SUPPORT (6/2/6 am) • APPROVED BY GOVERNOR, CHAPTER 897, Statutes of 1986. Measure allows contributions to the Endangered and Rare Fish, Wildlife and Plant Species Conservation and Enhancement Account and the Fish and Game Preservation Fund to be used as tax deductions. M 0 R E. .. TERNES-HOUSTON & ASSOCIATES Governmental Affairs Counseling SB 282 (Mello) Integrated Financing District Act. SUPPORT (8/27/6 am) • APPROVED BY GOVERNOR, CHAPTER 1512, Statutes of 1986. Measure authorizes a local agency to create an integrated financing district to levy assessments and to assist in financing public improve- ments work, as' specified. SB 805 (Presley) Wildlife Conservation Board: ecological reserves. SUPPORT (8/21/6 am) • APPROVED BY GOVERNOR, CHAPTER 1489, Statutes of 1986. Originally this measure would have authorized, subject to voter approval , $50,000,000 in state general obligation bonds to the Wildlife Conserva- tion Board for the acquisition, enhancement, restoration, or protection of lands which support unique, fragile, or endangered plants, animals or natural habitat. Subsequent amendments deleted the above bond act provisions and increased the 1986-87 budget appropriation for the Wildlife Conservation Board to $1.5 million. The Governor reduced this item to $1 million prior to his approval . SB 1454 B. Greene) Local agencies: fees. WATCH (8/28/6 am) 0 APPROVED BY GOVERNOR, CHAPTER 1203, Statutes of 1986. Measure originally would have limited park in-lieu fee dedications to estimated reasonable cost of providing the service. CPRS' requested amendment exempting parklands, and trails incorporated into measure removing previous opposition. SB 1754 (Roberti ) Day care services. SUPPORT (8/14/6. am) • VETOED Measure would have made numerous changes relative to state standards and reimbursements to extended day care centers. SB 2C32 (Beverly) Assault and battery. SUPPORT (6/24/6 am) • APPROVED BY GOVERNOR, CHAPTER 713, Statutes of 1986. -3- M 0 R E. . . TERNES-HOLISTON & ASSOCIATES Governmental Affairs counseling AB 2926 (Stirling) School facilities. WATCH (Conf. am) • APPROVED BY GOVERNOR, CHAPTER 887, Statutes of 1986. Measure would have eliminated the existing requirement that surplus school properties used for playground, recreation and open-space be first offered to specified public agencies, prior to sale. This pro- vision was deleted from measure removing CPRS' concerns. AB 3002 (Isenberg) Urban open-space and recreation facilities: Budget SUPPORT (Conf. am) Act of 1986. • APPROVED BY GOVERNOR, CHAPTER 1474, Statutes of 1986. Measure approves the Director of Parks & Recreation's revised criteria for determining priority of needs for grants under the Roberti-Z'berg Act as required by AB 737 adopted in 1984; also authorizes block grants under the Act for rehabilitation of historic structures, as specified. Late amendments which added funding for a number of projects previously vetoed in the 1986-87 budget were "blue-lined" by the Governor prior to his approval . AB 3554 (Hauser) Liability: Local Agency Self-Insurance Authority. SUPPORT (8/26/6 am) • APPROVED BY GOVERNOR, CHAPTER 1327, Statutes of 1986. Measure authorizes local agencies to enter into a joint pooling aQgree- ment to form an insurance pooling arrangement for payment of tort liability or public liability losses, to be administered by the Local Agency Self-Insurance Authority. The authority provides coverage only for liability in excess of $1,000,000, but not to exceed $25,000,000 in any one occurrence. AB 3572, (Hayden) Child care. SUPPORT (8/18/6 am) • VETOED Existing law requires school districts, prior to selling or leasing surplus school sites, as specified, to first offer to sell or lease the land to public agencies in a given priority. This measure would have added to that priority list any public, nonprofit, or private entity using the site for child care. -2- M 0 R E TERNES-HOUSTON & ASSOCIATES Governmental Affairs Counseling I Measure includes traffic officers, park rangers, and animal control officers among the category of persons for which an assault or battery l would require an enhanced penalty. SB 2154 (Presley) Liability. SUPPORT $ 126am • APPROVED BY GOVERNOR, CHAPTER 720, Statutes of 1986. Measure provides that there is no monetary liability on the part of, and no cause of action for damages shall arise against, any nonpaid director who is also a nonpaid officer of a nonprofit public benefit corporation where the duties are performed in good faith, as specified. I -4- TERNES-HOUSTON & ASSOCIATES Governmental Affairs counseling I i FINAL ACTION _BILL NUMBER/AUTHOR SUBJECT FINAL ACTION ASS EMBLY 2/Alatorre } State lottery tax DEAD 524/Costa Endangered species CHAPTER 30 540/Harris Taxation DEAD 618/Herger Crimes DEAD 807/Campbell Regional planning VETOED 2674/Connelly Local agencies CHAPTER 641 3038/Leonard Parks and recreation CHAPTER 221 3750/Cortese Development projects CHAPTER 1048 3931/Agnos Emergency medical services DEAD 4181/Bader Local government fees DEAD 4277/Ferguson Development DEAD 4334/Ferguson Development projects DEAD SENATE 249/Presley Taxation DEAD 502/Dills Land use planning DEAD 614/B. Greene Crimes DEAD 710/Watson Taxation DEAD 711/Watson Child care facilities bonds DEAD 717/Montoya Eminent domain DEAD 1115,/Mello Community facilities CHAPTER 1102 1133/Bergeson Bonds DEAD 1629/Torres Restrooms DEAD 1678/Campbell Relocation assistance DEAD 1967/ilontoya Subdivisions Y CHAPTER 613 2173/Roberti Public meetings VETOED I� SCA 40/Nielsen State mandates DEAD --TERNES-HOUSTON & ASSOCIATES Governmental Affairs Counseling R-86-114 (Meeting 86'-28 Nblool Noyember 24, 1986) Am i am MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 17, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods, Open Space Planner SUBJECT: Use and Management Review for the Lon; Ridge Open Space Preserve Recommendation: I recommend that you tentatively adopt the revised Use and Management Plan for the Long Ridge Open Space Preserve as contained in this report. In. addition, I recommend that you adopt the attached Policy Regarding Private Use of Emergency Access Road Over the Long Ridge Open Space Preserve. Introduction: This Use and Management Plan was last reviewed on October 24, 1984 (see report R-84-43 of October 17 , 1984) . Subsequent amendments to the Plan regarding a bypass trail and signing were made on September 11 , 1985 (see memorandum M-85-135 of September 6, 1985) . An ad hoc Long Ridge Road Committee has worked with neighbors since March 1986 on the resolution of a road use agreement. A neighborhood meeting was held on March 9, and various conversations between representatives of the Committee and neighborhood have followed. The road item was last presented to you on March 26, 1986 (see memorandum M-86-31) . The proposed acquisition of the Panighetti property to be considered later on this agenda would become an addition to the Long Ridge Open Space Preserve, and the Interim Use and Management Plan recommendations for the acquisition would be incorporated into this Use and Management Plan (refer to report R-86-115 of November 18 , 1986) . Site Use and Description: The Preserve is becoming increasingly popular with hikers and bicyclists, resulting from public awareness of the expanded trail system. The Preserve is currently described in a number of trail books and bicycle magazines as well as being a destination point for organized hikes advertised by local environmental organizations. Most of the use is along the new trail leading from the Grizzley Flat roadside parking area to Long Ridge Road and extending southward to Hickory Oak Ridge. There are three primary management problems : 1) The Hickory Oak Ridge area has become an attractive area for visitors to view the sunset, and often groups of young people will remain onsite late into the evening. Visitors usually park near Charcoal Road off Skyline Boulevard and occasionally obstruct access to the gate. 2) There is a good deal of illegal vehicle use of the "School" or emer- gency access road resulting from a main gate on Skyline Boulevard being kept open. Under the current agreement, Jikoji has use of the road between the highway and their facility and are permitted to leave the gate open. R-86-114 Page Two 3) Trespassing from the Preserve onto the adjacent Devil 's Canyon prop- erty continues to be a problem, particularly after dark. The Ranger staff actively patrols this area, including the adjacent private property, but the level of illegal use has not decreased. Other minor problems exist with vandalism of signs and gates, littering, and the visitors ' confusion in using the trail system due to the lack of adequate signs and brochure. Planning Considerations : Long Ridge ranks eleventh out of the District 's 27 sites on the Relative Site Emphasis Plan and is therefore slated for increased publicity and public use. An investigation into the public rights along a connecting trail passing through the adjacent Bar Y property is currently being conducted. Preserve users have on occasion been asked to leave by the residents, as the owners ' claim is that no public right exists. Staff 's preliminary research indicates a public right does exist, and staff will be attempting to perfect those rights in the coming year. The results of the meetings and discussions concerning emergency neighborhood use of the "School Road" have resulted in agreement on the majority of issues. The major issue which remains unresolved concerns the District 's right to discontinue emergency neighborhood use if deemed necessary. The ad hoc Committee takes this position as a measure to protect the District 's rights on the road. Since the neighbors disagree with this position, it appears a conclusive agreement cannot' be reached. For this reason, the ad hoc Commit- tee is recommending policies regarding the private use of the emergency access road for your consideration (see Exhibit A) . A Portola Park Heights neighbor has made a verbal request that the District grant rights to allow an electrical line across District land from the power pole 200 yards north of the main Long Ridge Road gate to that gate to allow the installation of an electric gate. Staff 's initial response was not to consider the granting of this request until the resolution of the "School Road" access question, but a written request was suggested explaining exactly what was wanted so that it could be considered. The written request has not yet been received. Staff 's initial opinion of the electrical gate is that from a District stand- point, while a term lease could be granted for a line from the pole to the gate, a route should be pursued first in the CalTrans right-of-way. In addi- tion, overhead or underground lines do impose some environmental degradation, and electrical gates have historically had problems during power blackouts or when the gate is rammed or damaged by vehicles in any way. The automatic lock is also subject to vandalism. Staff, at the current time, feels that the manually locked gate has been adequate and is a reasonable standard in rural areas such as at Long Ridge. New and Revised Use and Mana22ment Recommendations A summary of the existing Use and Management Plan as well as the new and revised use and management recommendations is attached as Exhibit B. The summary chart includes funding and scheduling projections for each project. Discussed below are new and revised Use and Management Plan recommendations. A. Access and Circulation 1. A hiker and equestrian crossing on Skyline Boulevard will be estab- lished to facilitate users attempting to connect from the Hickory Oak Ridge Area to the Saratoga Gap Area. The general location will R-86-114 Page Three be near the existing entrance road at Hickory Oak Ridge. CalTrans will be contacted regarding installation of traffic warning signs. This project will require trail construction on the Skyline County Park to connect from the crossing point to Charcoal Road. 2. A hiking and equestrian trail connecting Long Ridge Open Space Pre- serve to Skyline Ridge Open Space Preserve will be constructed if rights can be acquired from the intervening property owner. The general location will be parallel to Skyline Boulevard. The project would be implemented in conjunction with the construction of the Sky- line Trail planned for Skyline Ridge Open Space Preserve. 3. The Grizzley Flat parking area, opposite the main entry to Long Ridge will be improved if an agreement can be reached with the County. The area could be enlarged slightly, fenced more attrac- tively, and signed for more visibility. The area on the west side of the highway could also be improved. B. Signs 1. Additional trail signs will be installed throughout the trail system to minimize the confusion that now exists. Emphasis will be placed on directing visitors along the route which connects the Grizzley Flat parking area to Hickory Oak Ridge entrance off Skyline Boulevard. 2. The existing boundary plaques will be replaced with a larger metal reflective plaque which will be more visible. Additional plaques will be placed where necessary to minimize trespassing. C. Brochure 1. An 8' x 11" brochure will be developed for the Preserve, containing a map and general information about the site. Since many of the visitors who use this site are interested in connecting trails on Skyline County Park and Saratoga Gap, an attempt will be made to in- clude these areas in the brochure. D. Structures and Other Improvements 1. A wooden gate and fence will be installed at the junction of Diablo Trail and the Long Ridge Road to prevent vehicles accessing the lower trail system. This project will most likely be implemented by volun- teers. 2. Barriers will be placed along the "School Road" where motorists are driving off-road and destroying the vegetation. The affected area will be reseeded. E. Natural Resource and Agricultural Management 1. A specific resource management plan will be developed for the Preserve which will address such things as the creation of fire breaks , elimi- nation of invasive exotic plants, dog use, and wild fire suppression. This project will be implemented following the completion of District- wide resource management policies that will include a prioritization and schedule for site specific resource management plans. F. Visitor and Site Protection 1. Foot patrols will be increased in the next few years due to the increase in site use coupled with the new trails that do not accom- modate patrol vehicles. R-86-114 Page Four G. CEQA Compliance The projects contained herein are determined to be categorically exempt under the California Environmental Quality Act guidelines. Dedication; The Preserve is comprised of 795 acres , 604 acres of which are dedicated public open space in fee and 191 acres of which are dedicated open space easements . EXHIB - EMERGENCY ROAD USE POLICY1 DRAFT POLICY REGARDING PRIVATE USE OF EMERGENCY ACCESS ROAD OVER LONG RIDGE OPEN SPACE PRESERVE 1. Residents* of the Portola Park Heights Subdivision may place one common lock , on each gate installed and maintained by District on the section of 'd road shown between points B and D on Exhibit "A" as the "Emergency Access Road" . r 2 . Residents shall provide their own keys to the locks , and locks shall be provided and maintained by the Portola Park Heights Property Owners Association. Residents are expected to advise invitees , such as trades- persons , visitors , and guests who have been given duplicate keys to the locks to access Residents ' property, that they are not to utilize the Emergency Access Road except as permitted under this policy. 3. Residents and invitees may pass over the Emergency Access Road only a) for emergency purposes as an alternative to the use of Long Ridge Road between points A and B shown on Exhibit "A" . Emergency purposes are defined as escape from fire or blockage of Long Ridge Road between points A and B by landslide, downed trees, flooding, or other physical obstruction, or b) when Long Ridge Road between points A and B is blocked because of road maintenance which obstructs rovide passage, provided that District is notified in advance of the expected beginning and ending dates and times of such blockage . 4. The Emergency Access Road may not be used for mere convenience or as a short-cut between points B and D or between points B and C ( "Ward Road" ) shown on Exhibit "A" , or forsightseeing, or for any purpose not permitted under this policy. 5 . Users of the Emergency Access Road, except as permitted under this policy, shall be cited pursuant to District regulations when encountered by District Rangers . 6 . Use of the Emergency Access Road shall be with the understanding that District shall assume no liability for any injury, death, or damage to any persons or property due to passage by vehicle of Residents or their invitees over Emergency Access Road at any time, or arising out of any condition of the Emergency Access Road, or as a result of any act , neg- lect, fault, or omission in the use by Residents or invitees of the Emergency Access Road. • EXHIBIT A - CONTINUED 7. District retains the right to discontinue or disallow use of the Emer- gency Access Road, to reroute certain sections of the Emergency Access Road, or to block or -remove certain sections of the Emergency Access Road. .8 . No property rights in the Emergency Access Road are granted to Residents or, any other persons or property by District as a result of the adoption .*of this Policy. i I k E t V i S IML 'A EXHIBIT A CONTINUED i •C�1j J f � � � 2ss� Ll �'� "� � " � �-�._., • 4 yea ��t�a - .✓ v'�'"-'1--J _" // � \\ � /,� r +,fir t� � f �" CIS �.0 � 7 Main Gate k�emo � �°. �•�;. Ll lam,j1 D �:•. �� rpq �..�.c- ` 1 1-, °-!�'' ,� S� _ - r.. / •ors �. ,C _ ,, '� Long Rid -Road_ 1 � -•33r �'�=Q���r.J�l ;\I;��V`r `_ +'..='!�, /Ti r.-.C:r� ^� 1 `l+� r L/'•�� 1 \J •r` �.i,�-v\����'Cv }��\��������y�1/(� 4`^�\s` �� r !• � �..�it � �`;q\ 2550 B. Gate T\�,e Lv� 1 ��mcca�_' i r 1,,1r'. 1. �� �� C� /�•. Emergency Access Road ) ;I ,1„% • _m �� � �� /�\/ ���'��o s;..�...��_ ,;.�=-i .l�(���`�','J �, �\�11 \ice.._.-1 '� � �, ri 11 ,•J -./� �' /J r_sy�}�•,/• ���,\✓I�_��l �_. .v �� qv,� � � ` fly . L �'' `> (`^': ,// a'• .. Intersection' j �� ✓^,l i / ��� i1 �,� i�-�---_�+ �i r\�.,t�i� ��- _ •,.}���• �J � , --�l�r,i��� \ -- �r. x;t_ 1��D Ga tE- la�'� •�✓� .r=%J\�%� fin;. r�(��-`11�t,\'\`�` {�'�-�� (a _ _.�'{; ~,�i7�a� \ ,�,t/�1L;1i ~ , �' z_o! j. Nt / '�/!i:{ � '�ll�: .'�•. r /, 1'� 769J .t •. ~� /j--11�%\ �� � fll �!' t 1�• _.i`l_.., ram.\��/\\��. �� i ✓i �`�-..i l �p �j•' r �� .—_.� ;1 i J' �J�, , ti n �'` 1/\�= `. Z ✓/ �- /1/ b� �n ter j\ I — �� I -� � �;� �r__ rq \�_ �_✓����- �i'�~`_ `+ ��� - � `\ _. dry 073� �i+�`, Jr p3'3t Exhibit 1,41 - i 1 f � _`�'� - �• `, Ll Long Ridge Open Space Preserve . scale Ill = 2000' Northa EXHIBIT B — USE AND MANAGEMENT PLAN SUMMARY l.>rNt kAD E GPEN SPACE PRESERVE - USE AND t'1ANAGEt1E1'1*f PLAN SUNNARY 10-12-86 Project iStatus of Flan or ; budgeted iProposed {Proposed Description land Pprojects ;Fr 86-87 ;FY 87-88 ;Schedule ------------------- _______ __ ------------------ ' -----------i ----------i------------ - Ianrilriq (asks ; i Use and management review i Incomplete ; i, i {j 11/86 i Monitor _�il:oii plans Incomplete i U D i 86-87 'y 'Sky 1 1 n e sign plan , pullouts ; Partial i i_) i U i 86-87 Road agreement-Long Ridge Rd. i Drafted i U i () i 11l86 S Disposition of bean house i incomplete ; 0 i 0 1 87-88 liew and Revised RecoFimendations o Expand trail sign program ; Proposed () i () 1 85-87 f Rest--�urce manaoement plan ; Proposed 87-88 8 Pian trail to' Sk:yline Ridge Proposed i 0 ; 0 1 86-87 ti Plan ; ciriaalized parking area i Proposed 1 tj 1 si 88-89 ' > Plan trail ring-Saratoga Gap troposed i U i O i 86-87 i i DM51 uf- b -ochure (co,mbi ne with i Proposed ; 0 ; t) ; Li 07 5ara.toja Uapi ; l Research bar , easement i Proposed ; 0 # 0 ; 86-87 i RevietM gate plans, Portola Rd ; Froposed 1 86-37 1a i tctl Improvements C:t nt Portola Read btpass Complete 4 Lcn .t trail to Hickory Ua1: ; Complete New and Revised Rec,ommertdati oins Trail ring to Saratoga 6ap i Proposed ,t s Q 87-8a iriatall new trail si gns qns i Fr aposed [ 0.3 t► ; 4i 87 i i =on_=- trail to Skyline Ridge ; Proposed ; O ; 1l.ti)Cj i dr-8Es b 1Erllarove Grizzley parking i Proposed ; 0 ; (} ; 88-1;9 In=_.tall gate, Diablo trail i Proposed U 250 d7-Flo ire=_lal t 7St�otS Cir haintetiance 1 Jpgr.,de F'ortola Road i Cor, cite p I 4 t-9 S J ; t; ; Remove abandoned vehicle i Incomplete iJ{j ; 81-88 install gatelst11e-J11:,.oji ; incomplete ; I91J+i7 �187 4 1n-=t&II rw';r' crossing slt_lns i Comolete New and Revised Reccrmmertdations _ lnst:=_l ; ta.r-rier & seer knoll , Proposed 1titj ; 8E-88 new boundary =1tgns i Pro0C,ss ; i 1'i(1 i 8?-88 f�rr.ial �roiccts and ilaintenance riiaintenanc= i Uifi�Caln� I'�ijit i r?t,;.}(i ; 8o-tJ7 in ir;aintenance ; LingGlnq ; iJ i 50 ; 96-K .:a F+-nc F'. .. g.";te 1Ita2ltterl vtnce - i i -i ii LI{j(} r Un g elna 86-87 4 biscinq fuc-i oreaks ; Lin gcjing i g'j�::t ; 550 i 88-87 itei! and Reused 1~el.t.)mifner...dation.s 8rcJct ttr-e printinq i I-"ropos,7d 2�C� 87_88 1 Fur,ds riot i :pe::aticaliy prc, dr_d 0rfj.iect tunds being rescrieciulen for tut. a`.—ilaGle. TC,I C)w 3nv Veer it �� e • III -I �� 1 !"MO� 1' INS- 9 r •l. r" • III• -♦ �j, � J _•e_;�•��'' �~� IC • -' I.I. -I :I • � �' � , GM RI All r, � �� ����,�', � ����„ �� �--♦ ♦�\ - III- -I � .• . • . - �_ i W R ��.►� --.�r�.r�r.r..am w..+�.�w..�rnn.,aaw.+..w..s. R-86-115 (Meeting 86-28 AA. November 24 , 1986) 1111;�Iof Mw N,Lk- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 18 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; *M. Gundert, Associate Open Space Planner SUBJECT : Proposed Panighetti Property Addition to the Long Ridge 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 (Long Ridge Open Space Pre- serve - Lands of Panighetti) . 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 Long Ridge Open Space Preserve , and indicate your intention to dedicate the property as open space. Introduction: The Midpeninsula Regional Open Space District currently has a loR—gawaited opportunity to complete a trail connection between Long Ridge Open Space Preserve and Portola State Park by means of the purchase of two parcels of land totaling 177 . 2 acres. Parcel one is 160 acres and parcel two is 17 .2 acres (see attached map) . The property is located in unincorporated San Mateo County and adjoins the southwestern corner of Long Ridge Open Space Preserve. The property links the Long Ridge Open Space Preserve with Portola State Park via a parcel of land owned by Peninsula Open Space Trust (POST) and Save the Redwoods League. Magnificent ridgetop views , redwood forest landscapes , and the completion of a long-term goal to connect District lands with the State and County parks located to the southwest make this a highly desirable acquisition. A. Description of the Site 1. Size, Location and Boundaries This property is 177 . 2 acres in size and adjoins the southwestern corner of the Long Ridge Open Space Preserve. The land is situated one-half mile west of Skyline Boulevard. Private property adjoins the parcel to the southeastnorthwest, and west. The Long Ridge Open Space Preserve adjoins the property to the northeast and east and Peninsula Open Space Trust owns 80 acres of land to the south- west. R-86-115 Page two 2 . Topography, Geology and Natural Landscape he property consists of two northwesterly facing ridges which branch off of a southwesterly facing main ridge; a continuation of the primary ridge passing through the southernmost portion of Long Ridge Open Space Preserve and the adjacent Sempervirens Fund Hickory Oak Ridge Area. Between the two northwesterly facing ridges is a creek canyon formed by a tributary to Slate Creek. This creek exits the property in the northe astern corner. Elevations on the property range from 2300 feet near the northeastern corner to 1600 feeta'long the southern border, as well as in the canyon of the tributary 'to Slate Creek. The vegetative cover on the property is diverse, ranging from grassland with scattered oaks along the ridges to oak, madrone, bay woodland interspersed with Douglas fir on the side slopes, chaparral on the southern south-facing slopes , and redwood forest along the creekbanks. The redwoods along the Slate Creek tribu- tary cover approximately 20 acres of the property. They are second growth trees, some of which may exceed 100 years in age and 200 feet in height. Two major geologic units occur on the site; namely, Lambert shale and Mindego basalt and related volcanic rocks. In addition, the property is located in a zone of moderately high to high land- sliding susceptibility. This designation generally holds true for the steeper side slopes within the designated area. The San Andreas rift zone is located approximately two miles to the northeast. B. Planning Considerations The 17 . 2 acre parcel is within the Timber Preserve Zone (TPZ) of San Mateo County. Inclusion of the property under TPZ provides a number of restrictions on use . Primary among these are limitations in residential use (one unit per 5-40 acres depending on the Resource Management District limits) and subdivision. The 160 acre parcel is contracted under the Williamson Act Agricultural Preserve. According to the Government Code, when a public agency acquires Williamson Act land, the property is automatically removed from the Williamson Act contract. The property is located adjacent' to but out'side the District boundary, but within the Sphere of Influence. Since it is outside, it was not rated in the District 's Master Plan for suitability as public open space. C. Current Use and Development Access to the property is from two roads off Skyline Boulevard. The northern approach to the property utilizes Ward Road through the Long Ridge Open Space Preserve. A sturdy gate marks the property boundary along Ward Road. The second road entering the property cuts across the southern portion of the Long Ridge Open Space Preserve (Hickory Oak Ridge Area) , entering the subject property in the north- eastern corner. A gate also marks this boundary. This road adjoins Ward Road which passes southwesterly through the site. A third gate marks the southern boundary to the property where Ward Road exits. Several other roads service the interior of the property, forking from Ward Road near the southern property boundary. These roads form a loop passing near the building compound area located in the western central portion of the site. R-86-115 Page three The subject property is fenced around its perimeter. There are five natural springs on the property, and water and troughs for cattle which grazed here until 1985 . One of the springs nearest the existing cabin on site has an underground holding tank and filtration system to permit year-round potable water for use at the cabin. In the western central portion of the site is the existing fenced living compound, covering approximately 2 acres in size and consisting of painted wood frame buildings around a pleasant oak-framed clearing. The buildings include a cabin of approximately 600 square feet that has a living/kitchen area and two separate bedrooms. An above-ground holding tank for water i's located up the road from the house . A generator in one of the two storage buildings located on each side of the house provides a source of electricity. A barn type struc- ture serves as a two-car garage, and there is a corral approximately 50 yards up the road from the compound area. An outhouse is approxi- mately 50 feet from the cabin. The California Division of Forestry (CDF) grades Ward Road through Long Ridge Open Space Preserve and the subject property each year. In addition, CDF is currently cutting dead and downed madrone wood in the area around the main water system. The work may continue for several. more months under the contract with CDF, but it is contem- plated that this process will be complete by year end, weather permitting- D. Potential Use and Development The seller will lease- ack the building compound area until August 31, 1987 . Until September 1987 , Ward Road through the property, and therefore, effectively the whole site , will be open to all visi- tors via permit only, with the District being requested to notify the owners of any permit issued. Signs will be installed at the junction of Ward Road and the entrance to the building compound identifying the area as a lease area, closed to the general public. The property promises to become very popular as a connecting route to Portola State Park. Numerous one-way hikes are possible beginning along the Skyline corridor and terminating in the State Park. There is also the potential opportunity for overnight trips which would utilize the camping facilities at the State Park. E. Interim Use and Management Recommendations 1. Preserve boundary plaques, wildlAnd signs , and signs explaining the lease area will be installed at visitor entry points and where otherwise appropriate. The cost is estimated' at- $125 . 2. Signs explaining the permit system for hiking on Ward Road will be placed at the appropriate visitor entry points. Cost is esti- mated at $1-50 . 3 . The building compound will be leased back to the seller until August 31 , 1987 . The seller will be notified when Preserve visi- tors will be hiking through the property on Ward Road. In addition, dead madrone wood cutting will occur for nine months under the contract between the seller and CDF. The seller will have until the end of the leasehold period to remove the hardwood . R-86-115 Page four F. Name I recommend the property become an addition to the Long Ridge Open Space Preserve. G. Dedication I recommend that you indicate your intention to dedicate the 177 . 2 acre property as public open space . H. Terms As stipulated in the attached agreement the full purchase price for the 177 . 2 acre property would be $700 ,000 (an average of approximately $3,950 per acre) . Included in the purchase is continuous perimeter fencing, a building compound area with a main cabin, garage and several out buildings , and an area of approximately 20 acres containing up to 700 ,000 board feet of merchantable redwood timber. The agreement includes two unusual features : (1) the lease-back of the building area until August 31 , 1987 , mainly to allow the owners time to remove their personal property in an orderly manner; and (2) the completion of a forestry contract to remove dead and downed madrone trees for fuel-load reduction, with the owner being allowed to remove the cut wood prior to the end of the lease-back period. In addition to the land transaction, the District would also pay $1,785 for several miscellaneous items of personalty (propane stove, refrigerator, generator, and some furnishings) . By purchase of these items , the District would be able to rent the building area to a back- woods type of caretaker/tenant to help with presence in the area. The purchase of these personalty items would occur at or near the end of the lease-back term (August 31, 1987) and be included in the Board claims list at that time . The land purchase funds would come from the 1986 Promissory Note Issue and be charged against the New Land Purchases budget category. 2 SKYLINE RIDGE PRESERVE -,' ,' • `' �: r" �' �"�? %�� �i \ MONTE BELLO PRESERVE' - Private -`\ \ �.� 1- , r Flat ParkingGrizzleyArea \� - • Long Ridge! _ I - •� flab MUwfltea a \:•. . .. _ ��"'.F MROSD EAS r_NT = i \_,, t., R / `�--� .• ,; . J/ SKYLINE COUNTY PARK t Bar C f- Y Easement' l ��`' -7Sr. `\.`� ' j `- _ G •.� � LONG RIDGE i , �� � - •� - ; PRESERVE r / •School�1. l _ Road \ E •� \_ AWard > Road; PARCEL 1 (160 acres) Gd to ( = I �; SARATOGA GA •�— 1 �\ PRESERVE ' ( � ►: - ate �..� f _ Pui1ding compound ?r ✓ ti Hickory Oak Ridge' v- �J ,. Gate SEMPERVI RENS FUND .�, PORTOLA _ — ( _» 1L STATE PARK f FEU.S.T ;.,.' MROSDEASEMENT) E �� �\ 1: PPAR."E!, "2 (17.2 acres) / SAVE THE t \ Id REDWOODS k 6e of ` j t - ► l ice— - 1 � \ \ c LEAGUE '' ! l' /, 11 MPERVIRENE 1 jo FUND ROPOSED PANIGHETTI PROPERTY ADDITIO TO THE LONG RIDGE OPEN SPACE PRESERVE YSCALE 1" = 2000' NORT i RESOLUTION NO. 86-66 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 NEC- ESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF PANIGHETTI) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Purchase Real Property between Jerry C. Paniqhetti et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $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 $700 ,000 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. AGREEMENT TO PURCHASE REAL PROPERTY This Agreement is made and entered into by and between SYLVIA J. PANIGHETTI , as trustee of the SYLVIA PANIGHETTI 1984 TRUST, JERRY C. PAN'IGHETTI and MAFALDA PANIGHETTI , as trustees of the JERRY C. and MAFALDA PANIGHETTI 1981 TRUST, (hereinafter "Seiler") , and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter "Buyer") . W I T N E S S E T H: WHEREAS, Seller is the owner of certain real property contain- ing approximately one hundred seventy-seven 177 acres located in the County of San Mateo, State of California , being more particu- larly described in the real property description attached to the preliminary Title Report Number 479002 , dated February 15 , 1984 , from Ticor Title Insurance , said report labeled Exhibit "A" , as attached hereto and incorporated herein by this reference , and , WHEREAS , for purposes of this Agreement , the Property contains two areas, as follows : A. Parcel One containing approximately seventeen (17) acres , and commonly known as San Mateo County Assessor ' s Parcel Number 85-160-200 . B. Parcel Two containing approximately one hundred sixty (160) acres, and commonly known as San Mateo County Assessor ' s Parcel Number 85-160-190 . WHEREAS , Parcel One and Parcel Two (collectively, "the Property") has natural beauty, open space and recreational value currently of interest to Buyer , and WHEREAS, Buyer was organized as a public district to acquire real and personal property for public park , recreation, conserva- tion and open space purposes in the San Francisco Midpeninsula area , and . WHEREAS , Seller desires to sell and Buyer desires to purchase the Property as described in said Exhibit "A" herein, for the consideration and on the terms and conditions hereinafter set forth . 'i AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained , the parties hereto agree as follows : f 1 . Purchase And Sale . Seller does hereby agree to sell to Buyer and Buyer hereby agrees to purchase from Seller fee title to the Property as described in said Exhibit "A" upon the terms and conditions hereinafter set forth . r 2 . Purchase Price . The total purchase price ("Purchase Price") j for the Property shall be the amount of Seven Hundred Thousand Dollars ($700, 000) . The total Purchase Price shall be paid in cash at the "Closing" as defined in Section 4 hereof . i 3 . Firewood Agreement. Seller is currently operating under an agreement with the United States Forest Service (the "Service" ) , whereby the Service is cutting and removing firewood from the property. The firewood is being derived exclusively from dead Madrone and/or Oak Trees. As additional consideration for the sale of the property, Seller shall be allowed to remove all firewood prepared pursuant to the agreement with the Service , so long as the firewood is actually cut before close of escrow, and removed prior to August 31 , 1987. 4 . Lease Of Ranch House . Seller and Buyer , as additional consi- deration for the sale of the property, shall enter into a lease in the form attached hereto as Exhibit "B" , allowing { Seller to retain the exclusive use of certain portions of the Property until August 31, 1987 . 5 . Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at Ticor Title Insurance Company or other title company acceptable to Buyer and Seller ("Escrow Holder" ) through which the purchase and sale of the Open Space shall be consumated . A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as instructions to Escrow Holder , provided that the parties shall execute such additional supplementary or customary instructions as Escrow- holder may reasonably require . This Agreement may be amended or supplemented by explicit additional instructions signed by the parties , but the printed portion of such instructions shall not supersede any inconsistent provisions contained herein . Escrow Holder is hereby appointed and instructed to deliver , pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided with the following terms and conditions to apply to said escrow: -2 - a. The time provided for in the escrow for the close thereof shall be on December 15 , 1986 or before the expiration of thirty (30) days following execution of this Agreement by Buyer , whichever is sooner; provided , however , that the parties may, by written agreement, extend the time for Closing . The term "Closing" as used herein shall be deemed to be the date when the Escrow Holder causes the Grant Deed and other documents (as defined below) to be duly recorded in the office of the County Recorder of San Mateo. b. Seller and Buyer shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agree- ment. C . Seller shall deposit into the escrow on or before the Closing the following : (i ) An executed and recordable Grant Deed in a form acceptable to Buyer from Seller to Buyer with respect to the Property. (ii ) An executed lease in duplicate of the Ranch House as provided in Section 4 hereinabove . r d . Buyer shall deposit into the escrow on or before the Closing , the following : (i) Buyer ' s check for the total Purchase Price of Seven Hundred Thousand and No/100 Dollars ($700 , 000 . 00) . (ii ) An executed Lease in duplicate of the Ranch House . ( iii ) The required Certificate of Acceptance for the grant deed (s) duly executed by Buyer to be dated as of the Closing . e . Seller shall cause Ticor Title Insurance Company at 333 Marshall Street, Redwood City, California 94063 , or other title company acceptable to Buyer and Seller , to be prepared and committed to deliver to Buyer a standard coverage policy of title insurance , dated as of the Closing , insuring Buyer in the Amount of Seven Hundred Thousand and No/100 Dollars ($700 , 000 . 00) for the Property , and showing title to the Property vested in fee simple in Buyer , subject only to: ( i ) current real property taxes; (ii) the standard printed exceptions contained in said title insurance policies; (iii) those items shown as exceptions 2 , 4 and 5 in said preliminary _3_ J title report attached hereto as Exhibit A; and (iv) all j other matters approved in writing by Buyer prior to the Closing . Said title company shall issue a mechanic' s lien endorsement to said title insurance policy insuring that the property is free of all mechanic ' s liens. In the event Seller is unable to remove any disapproved excep- tions before the time set forth for the Closing , Buyer 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 excep- tions) and then Escrow Holder and Seller shall , upon Buyer ' s direction, return to the parties depositing the same , all monies and documents theretofore delivered to Escrow Holder; or (ii) to close the escrow and consummate the purchase of the Property.. f . Buyer and Seller shall each pay one-half (50/50) of the escrow fees , documentary transfer taxes , if any, the policy of title insurance as described herein, and any and all customary recording costs and fees . Seller shall pay all reasonable costs required to deliver marketable title in the manner provided herein. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between Buyer and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be prorated through escrow between Buyer and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. g . Escrow Holder shall, when all required funds and instru- ments have been deposited into the escrow by the appro- priate parties and when all other conditions to Closing t have been fulfilled , cause the Grant Deed , and attendant Certificate of Acceptance and other recordable documents to be recorded in the office of the County Recorder of San Mateo County , California. Upon the Closing , Escrow Holder shall cause to be delivered to the Buyer originals of the policy of title insurance required herein and to Seller the Escrow Holder ' s check for the Purchase Price (less Seller ' s portion of the expenses described in this P Section 5) , and to Buyer or Seller , as the case may be , all other documents or instruments which , in accordance with the intentions of this Agreement , are to be deliver- ed to them. In the event the escrow terminates without Closing 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 . 6 . Rights And Liabilities Of The Parties In The Event Of Termina- tion . In the event this Agreement is terminated and the -4- k escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder , except as otherwise provided herein . Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any aprty whose fault may have caused such termination escrow) , and each party expr.essly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 7. Seller ' s Warranties. a . This Agreement and all other documents delivered by Seller to Buyer now or at the time the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey fee title to Buyer , and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or any articles , by-laws or corporate resolution of Seller . b. Seller warrants that title to the Property shall be conveyed to Buyer at Closing free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or p purchase rights held by any third party except for the permitted exceptions to title referred to in Section 5 (e) above . C . Seller warrants that at Closing there exist no oral or written leases or rental agreements affecting all or any portion of the Property nor are there persons occupying the Property other than referred to in Section 4 above . Seller further warrants and agrees to hold Buyer free and harmless and to reimburse Buyer for any and all costs , liability, loss, damage or expense , including costs for legal services , occasioned by reason of any such lease , rental agreement , or occupancy of the Property (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. of the California Government Code) . 8 . Waiver Of Statutory Compensation . Seller understands that it may be entitled to receive the fair market value of the Property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et seq. Seller acknowledges that it is familiar with the applicable federal and California law. Seller hereby waives all existing and future rights it may have to receive the fair market value of the Property under any applicable federal or California law. -5- I ' I i 9 . Miscellaneous Provisions. 9 . 01 Choice Of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the con- struction of its terms and the interpretation of the rights and duties of the parties. 9. 02 Attorneys ' Fees. If either party hereto incurs any f expense , including reasonable Attorneys ' fees , in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder , the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 9 . 03 Amendment And Waiver . The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or ( iv) waive the fulfillment of any condition that is precedent to the t performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any amendment , extension or waiver must be in I' writing . { 9 . 04 Rights Cumulative . Each and all of the various rights, powers and remedies of the parties shall be considered to r be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right , power or. remedy shall neither constitute the j exclusive election thereof nor the waiver of any other i4 right , power or remedy available to such party. 9 . 05 Notices . All notices , consents , waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested , with postage thereon fully prepaid . All such communications shall be addressed as follows: -6- Seller : Jerry Panighetti 838 Aurora Avenue San Jose, CA 95129 408/996-8910 Copy David W. Lively To: Olimpia, Whelan & Lively A Professional Corporation 152 N. 3rd St. , Ninth Floor San Jose , CA 95112 408/971--7252 Buyer : Midpeninsula Regional Open Space District Old Mill Office Center 201 San Antonion Circle , Suite C-135 Mountain View, CA 94040 Attn: Herbert Grench , General Manager 415/549-5500 Copy Stanly R. Norton, Esq. To: 407 Sherwin Avenue Palo Alto, CA 94306 415/324-1366 If sent by telegraph or cable , a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing , whichever is earlier in time . Either party hereto may from time to time , by notice in writing served upon the other as aforesaid , designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered . Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is approp- riate , but any oral notice given shall not satisfy the requirement of written notice as provided in this Section . 9 . 06 Disclaimer Of Representations . Buyer and Seller agree that , except as otherwise specifically provided herein , neither Seller , nor any of their employees , representa- tives , or agents has made any representations , warranties or agreements as to any matters concerning the Property which are not contained in this Agreement , including, without limiting the generality of the foregoing, the condition of. the improvements thereon , or the fitness of the Property or such improvements for any use intended by -7- I i Buyer . Buyer agrees to purchase and Seller agrees to deliver the Property at the Closing in an "as is" condi- tion without reliance by Buyer on any express or implied warranties of any kind . No patent or latent defects in the physical condition of the Property, whether or not now known or discovergd , shall affect the rights of either party hereto. 9 . 07 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provision of this Agreement such void or unenforceable provisions which will achieve, to the extent possible , the economic, business and other purposes of the void or unenforceable provisions . 9 . 08 Counterparts . This Agreement may be executed in separate counterparts , each of which shall be deemed as an original , and when executed , separtely or together , shall constitute a single original instrument , effective in the same manner as if the parties had executed one and the same instrument . 9 . 09 Waiver . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise , in any one or more instances , shall be deemed to be , or be construed as , a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement . 9 . 10 Entire Agreement . This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclu- sive statement of the terms and conditions thereof ; and it supersedes any and all prior correspondence , conversa- tions, negotiations , agreements or understandings relating to the same subject matter . 9 . 11 Time Of Essence . Time is of the essence of each provi- sion of this Agreement in which time is an element. 9 . 12 Survival Of Covenants . All covenants of Buyer or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing , and all representa- tions and warranties by either party to the other , shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs , successors and permitted assigns. i M -8 9 . 13 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 9 . 14 Further Documents. And Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement . 9 . 15 Binding On Successors And Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding to the extent permitted by law, on the successors and permitted assigns of the parties hereto. a 9 . 16 Captions . Captions are provided herein for convenience j only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 9 . 17 Pronoun References. In this Agreement, if it be appro- priate , the use of the singular shall include the plural, and the plural shall include the singular , and the use of any gender shall include all other genders as appropri- ate. 9 . 18 Broker ' s Commission. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs , liabilities , losses, damages , claims, causes of action or proceedings which may result from any broker , agent or finder , licensed or otherwise , claiming through, under or by reason of the conduct of the indemnifying party in connection with this transac- tion . 10 . Acceptance . Provided that this Agreement is executed by Seller and Delivered to Buyer on or before November 24 , 1986 , Buyer shall have until December 10 , 1986 to accept and execute " this Agreement and daring said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to Buyer for the consideration and under the p� terms and conditions herein set forth . As consideration for { the tender of said offer Buyer has paid and Seller acknow- ledges receipt of the sum of Ten Dollars ($10) . Provided that this Agreement is accepted and executed by Q Buyer , this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. -9- IN WITNESS' WHEREOF, the parties hereto have caused this Agreement to be executed. by 'their duly authorized officers to be effective as of the day and year first above written . MIDPENINSULA REGIONAL OPEN SELLER: SPACE DISTRICT (BUYER) APPROVED AS TO FORM: y Stanley Nor on, District SYLVIA J. PANIGHETTI Counsel Date ACCEPT B-,'OR RECOMMENDATION: r By L: ra,1 g4, rit n, SRTWA J RRY ANIGHETTI , s trustee Lan Acquisition Manager Da APPROVED AND ACCEPTED: . I BY President , Board of Directors MAFA A PANIGHET , as trustee Date ATTEST: Clerk of the Board of Directors Date P/misc -10- a; CAT.NO.NNO1103-1.1se with NN01113 TO 528 CA-Part 1'(5-113) } I/O TICOR 085-16-160-19, 20 TITLE INSURANCE SAN MATEO COUNTY OFFICES 0 333 Marshall Street,Redwood City 94063 (415)366.9551 ❑1182 Chestnut Street.Menlo Park 94025 (415)323-6101 01111 South El Camino Real,San Mateo 94402 (415)349-1604 D 223 El Camino Real,San Bruno 94066 (415)583-3991 0.1035 E.Hillsdale Blvd.,Suite 150.Foster City 94404 (415)574-5357 PRELIMIIVA.RY REPORT MIDPENINSULA OPEN SPACE DISTRICT IMPORTANT ATTN: PAT STARRETT When replying refer to 375 DISTEL CIRCLE, SUITE D-1 Our No. 479002—RWC LOS ALTOS, CALIFORNIA 94022 Your No. -- In response to the above referenced application fora Policy ofTitle Insurance,TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. This Report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby.if it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. Dated as of FEBRUARY 15, 1984 at 7:30 a.m. MARK SHEPHERD Escrow OCf cer Title Ofrtccr '... The form of Policy of Title Insurance contemplated by this Report is: ❑ ALTA Residential Title Insurance Policy- 1979 ❑ ALTA Loan Policy- 1970 with ALTA Endorsement Form 1 Coverage (Amended 10-17-70) ❑ CLTA Standard Coverage Policy- 1973 ❑ ALTA Owner's Policy Form B- 1970(Amended 10-17-70) The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in: SYLVIA J . PANIGHETTI A WIDOW AS TO AN UNDIVIDED 1/2 INTEREST • AND JERRY C . PANIGHETTI AND MAFALDA PANIGHETTI , IN TRUST, AS CO—TRUSTEES OF THE "JERRY C ._ S MAFALDA PANIGHETTI 2981 TRUST, DATED APRIL 22, 1981" At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said cy form would be as follows: (See Attached) �* �e t PAGE 2 479002 1. SUPPIEMENTAL TAXES, IF ANY, - ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA. 2. RIGHT OF WAY OVER THE HEREIN DESCRIBED PROPERTY, FOR THE PURPOSE OF INGRESS AND EGRESS, AS RESERVED IN THE DEED FROM ORA E , MCDERMET,. A SINGLE PERSON, TO LOUIS P. PANIGHETTI AND SILVIA G. PANIGHETTI , HIS WIFE, AND JERRY C. PANIGHETTI , IN JOINT TENANCY, DATED AUGUST 19, 1957 AND RECORDED SEPTEMBER 4, 1957 IN BOOK 3274 OFFICIAL RECORDS, PAGE 425 (79950-P) . AFFECTS PARCEL 'TWO. 3. UNRECORDED OIL AND GAS LEASE IN FAVOR OF E. R. FETZER AND OTIS T . BUTLER, LESSEES, AS DISCLOSED BY ASSIGNMENT OF INTEREST IN OIL AND GAS LEASE FROM CARL L . DOZIER AND WINIFRED F . DOZIER, HIS WIFE, TO VALLEY TITLE COMPANY OF SANTA CLARA COUNTY, A CORPORATION, DATED NOVEMBER 30, 1959 AND RECORDED DECEMBER 9, 2959 IN BOOK 3718 OFFICIAL RECORDS, PAGE 425 (12282.>:S) . 4 . CALIFORNIA LAND CONSERVATION CONTRACT BY AND BETWEEN THE COUNTY OF SAN MATEO AND PAUL M. CHESEBROUGH, DATED MARCH 7, 1966 AND RECORDED JUNE 24, 1966 IN BOOK 5180 OFFICIAL RECORDS, PAGE 400 (76420-Z) . AFFECTS A PORTION OF PARCEL ONE . 5. CALIFORNIA LAND CONSERVATION CONTRACT BY AND BETWEEN THE COUNTY OF SAN MATEO AND LOUIS PANIGHETTI , SILVIA PANIGHETTI AND JERRY PANIGHETTI , DATED FEBRUARY 8, 1972 AND RECORDED FEBRUARY 10, 1972 IN BOOK 6091 OFFICIAL RECORDS, PAGE 13 C.87382--AEA . h_ AFFECTS A PORTION OF PARCEL. ONE AND ALL OF PARCEL TWO. �I 6. THE PARCEL MAP REFERRED TO IN THE DESCRIPTION OF PARCEL ONE HEREIN DISCLOSES THE EXISTENCE OF A PRIVATE ROAD TRAVERSING SAID LAND. 7 . THE TERMS AND CONDITIONS OF THE TRUST REFERRED TO IN THE VESTING HEREIN. :a1°9i " Page Schedule C The land referred to herein.is described as follows: A I ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA.. DESCRIBED AS FOLLOWS : r PARCEL ONE: i PARCEL "A", AS DESIGNATED ON THE MAP ENTITLED "PARCEL MAP BEING A RESUBDIVISION OF THE LANDS OF PAUL CHESEBROUGH AND JERRY C. ii PANIGHETTI , BEING A PORTION OF SECTION 2, TOWNSHIP 8 SOUTH, RANGE 3 WEST, M.D.B. &M. , SAN MATEO COUNTY, CALIFORNIA, BEING DESCRIBED IN 2261 O.R. 649 AND 6838 O. R . 614, RESPECTIVELY, SAN MATEO COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SP.;N MATEO, STATE OF CALIFORNIA, ON APRIL 30, 1979 IN BOOK 46 OF PARCEL MAPS AT PAGES 47 AND 48 . PARCEL TWO: LOTS 2 AND 3 IN SECTION 2, TOWNSHIP 8 SOUTH, RANGE 3 WEST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF . APN 085--160-190 & 200 Par.,- r PAGE 3 --- 479002 NOTE ONE : COUNTY TAXES FOR THE FISCAL YEAR 19$3e84, PAID, AS FOLLOWS : FIRST INSTALLMENT $36. 6$ SECOND I N'STALLMENT $36. 68 CODE NO. 66-005 TAX BILL PARCEL N0. 0$5-160-200 AFFECTS A PORTION OF PARCEL ONE AND ALL OF PARCEL TWO. FIRST INSTALLMENT $3. 25 SECOND INSTALLMENT $3. 25 CODE NO. 66-005 TAX BILL PARCEL NO. 0$5-160-190 AFFECTS A PORTION OF PARCEL ONE . NOTE TWO: TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF , MS/CM 022484 2 C APPL. 4 L, td. 6 PCB+ 473 48 .1I .. l..cwl..y•. ,Irk SE6 r10M ... rro.....J•r ;. �. it .♦Jr +r..i wr. �...., w.n,v . ors,f �r;Iit r•)_S 'A-J_»' •. t✓ssr,I..w,4 r. ...w,,a rr •�. :w-.r. .w-rn J .`r If.r/I• /t I//i 1 .ar ./rll �- .. ,1• rI,'IJ�- ✓H�.rr/ ._..._._.. -^ � fib • ,•..rn,r-: ?Hoer , r-e-S.A-J-J►' :.. /� ...,..H:• // I, �'` Q u ri wd..�on l,rr Su•o,J I —•MI P•x rr.'s,d I+yr 41 •e/ .[t•tyr/I q .'rtaiq,b,wd f fn«bw� •S � �; ta.J �it f IO 1[ `I I .due,:Ini du.rv!m n i•�i, JS I K �5•.� � •, y d i a Gw i',Srb.rfn wd,ud� , ` � .•tsr e,_J cr.vt .. e� c rI�• � is h � � � ��' � �. I This i4 wort A urvrryy of th ltad,but it carwp(fad �i tar information only, nor f It a part of t#,npari r PA R C1E t A ` or policy to which It awy attached. II -- 71 S f1rJs !.rCrfs VtG£JY/rY MAP �� BASIS Or scARIvaS r>I.., 'nr,+n.•.9 .dY'//.e ♦ .'(M Io.IM'. .ry or' Jr>✓:n♦nL:i.. ♦[J.r....r•ao /,r... s E C r 1 0 /V r d•tor.l..♦•,so,f:rxrvr ar a.kr C.v!t2..t..,.f i•a'ov.w,:a[e.u ut,Mr•r '.. ._r a•-over t>!.► r.•., $E'CTIDH lrwr.rr Jkrn w[J•i nl.+ ,., • 1 I NOTES." • 4 ;,.o J:.rzn ade v ,.•I..r,s.e .'rrt .,m •.v J:••vw/ • ° I �>r Y r..�. a Q•dN^v0[✓(rr!M wna>r. r'twr.r+d,lore w✓w rwr.p //'r.%J.o+Irr! „l r♦ar i•!iY>',• J1grr1 G t'c NCrr .i wACw/I Lu•rrY O✓rrd u ilf -I_ µr y•y 0 of•,a,frlJ,r•rrr[I �,J:P>taI .n•+-d •..n r..t n. I/l,D , a PARC1EL 9• i� g PARCEL MAP • j - -ar r,.. .r ayc- Ib •i •. . ..I .rI yrI ,l I. I . 'J _t . . .r':•,-.:r •!•w I tfNG�tiYSLEp Y/SC+Y Or ref t4505 P`flk4 vtSCO5GY,1".N MO .f.T•. �•'J'['r tend A PgNfipy tY SfLIJ �c Pwo&fr/i 0 SLtr rJ1 J •r,r •r"I v.r.� I � '„w>, �•r•'^r•"• 6Y P,1p►Ky,r> ' 10 1! t ''^ J• n •� '—• .,, r I !,. .. [..t•�...♦IIr u • r[tACf J ufsr Mow so Ampro.YLrv/r f.•t Pak& ,LC,4 4r SCR&-D aY IMJ OR $11 MO NJ/ OR"4 '; . .. r r... r.,':,..• • ,. ,v. 1rslYGr1rt4r j •wr.,,r.,. 1! I It S ! G r1 0 v 1 / • I i ( w.,uJ�., , Iwo rnu�;r EXHIBIT B TO AGREEMENT FOR PURCHASE OF REAL PROPERTY LEASE OF RANCH HOUSE THIS- LEASE is made and entered into as of this day of December , 1986 , by and between MIDPENINSULA OPEN SPACE DISTRICT, a "Lessor") ,, public district (hereinafter called and SYLVIA J. PANIGHETTI, JERRY PANIGHETTI and MAFALDA PANIGHETTI as trustees of the JERRY C.' and MAFALDA PANIGHETTI 1981 TRUST, (hereinafter referred to as "Lessee") . h RECITALS k I A. Concurrently with the execution of this Lease , Lessor shall acquire fee title to certain real property which includes a portion having improvements consisting of a residential struc- ture, a barn, a garage , sheds, a storage yard area and miscellaneous outbuildings , (collectively, the "Ranch House") . The Ranch House is hereinafter sometimes called the "premises" and is situated in certain unincorporated areas of the County of San Mateo, State of California , as more particu- larly shown on the map attached hereto as Exhibit I . B. In conjunction with Lessor ' s acquisition of the premises, and in partial consideration thereof, Lessor has agreed to lease the premises to Lessee upon the terms and conditions set forth herein. NOW THEREFORE in consideration of the mutual covenants and condi- tions hereinafter set forth , the parties agree as follows: 1. Lease Of Premises . Lessor hereby leases the premises to Lessee , and Lessee hereby hires the premises from Lessor , for the term and upon the conditions set forth herein. In the :. T Pase of I K Lease Of Ranch House Page 2 event one or more surveys are necessary for the use of Lessee in the preparation of maps or legal descriptions for the Ranch House or for any other purpose of Lessee, said surveys shall be conducted by and paid for by Lessee solely for its own use shall be paid for by Lessor . 2 . Term And Rent. The term of this Lease shall commence on the date hereof and shall expire on the first to occur of the following : (i) such date , if any, as the Lessee elects to Cancel this lease , as is more fully described in Paragraph 4 , infra; (ii) August 31, 1987; or (iii) upon such date as this Lease is otherwise terminated in accordance with its. provi- sions. This Lease is made in consideration of the Agreement between Lessor and Lessee whereby the premises were acquired and no rent shall be payable by Lessee to Lessor hereunder . If requested by Lessor , Lessee agrees to execute a quitclaim deed with respect to Lessee ' s interest hereunder at the expir- ation or termination of this Lease. 3 . Use . Subject to Section 12, the premises shall be used for the uses described hereinbelow, and for no other purpose with- out Lessor ' s prior written consent. Lessee shall be entitled to utilize the premises to maintain a personal residence, for ranchland and store and keep items of personal property, pro- vided the premises are kept in a neat and orderly condition. Lessee shall not commit or suffer to be committed any nuisance or waste in or upon the premises , and Lessee specifically agrees not to cause or permit the cutting of any live trees on or about the premises . Lessee shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute , ordinance , code or governmental rule or regulation now in force or which may hereafter be promulgated . Lease Of Ranch House Page 3 4 . Cancellation Lease . It is understood and agreed by Lessor and Lessee that Lessee shall and -hereby does reserve the right .to cancel or. terminate this Lease prior to the expiration of the term, upon seventy-two (72) hours written notice to Lessor . Said notice shall be delivered to Lessor in accordance with Paragraph 15 hereof. It is understood and agreed by Lessor and Lessee that in the event of termination of this Lease as in this Article provided, Lessee and Lessor shall be under no further obligation or liability to each other by reason of this Lease, provided, however , the parties hereto shall be liable to each other for the breach of any term, covenant, or condition of this Lease occurring prior to the date of Lessee ' s premises . For purposes of this Article , possession shall be transferred seventy-two (72) hours after the effec- tive date for notice of cancellation, as provided in Article 15 of this Agreement. 5 . Public Access To Property . During the term of this Lease , Lessor and Lessee agree that members of the general public shall not be allowed access to the property conveyed to Lessor , except as provided in this Article 5. Prior to being allowed entry to the property members of the general public will be required to obtain written permission to enter the property from Lessor . In addition, Lessor shall notify Lessee in writing that members of the general public intend to enter the property , and in such notice shall provide to Lessee the name , address, and telephone number of all such members of the general public who intend to enter the property, and shall identify the dates and time of such entry. Such written notice shall be sent to Lessee as provided in Article 15 of this Agreement. 6 . Maintenance And Repair . Lessee accepts the premises in "as is" condition . Lessee shall , at Lessee ' s expense, maintain 5—VIO Lease Of Ranch House Page 4 the premises (including routine maintenance of the residential structures) and every part thereof and the grounds in the immediate vicinity thereof in good , safe and sanitary condi- tion , order and repair . Lessee shall return the residential structures and other improvements to Lessor upon termination of this Lease in their present condition , reasonable wear and tear and damage due to causes beyond the reasonable control of Lessee excepted . Lessor shall have no duty whatsoever to maintain or repair any part of the premises. 7 . Additions , Alternations And Improvements . Lessee shall not make or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof , with- out the prior written consent of Lessor . Any permitted alter- ations , additions or improvements shall be done in compliance i with all applicable laws and regulations . 8 . ' Liens . Lessee shall beep the premises free from any liens arising out of any work performed , materials furnished or obligations incurred by Lessee . I 9 . Indemnification And Liability Insurance. a. Each party shall hold the other party harmless from and shall defend and indemnify the other party from and against any and all claims of liability for any damage to property or any injury or death to any person whatsoever when such damage , injury or death shall be caused by the act , neglect , or fault of the other party, or its agents , employees or invitees . Lessee agrees to indemnify Lessor against and hold Lessor exempt and harmless from any damage to property or injury or death to any person arising from the failure of Lessee to keep the premises in good and safe condition and repair . IB ,a j'a f Lease Of Ranch House Page 5 b. Lessee shall , at its sole cost and expense , obtain and maintain during the entire term of this Lease public liability and property damage insurance on the premises with a single combined liability limit of at least One Hundred Thousand Dollars ($100 ,000) , and property damage limits of not less than Fifty Thousand Dollars ($50, 000) . Said insurance shall be issued by an insurance company admitted to transact business in the State of California I and shall provide that the insurance effected thereby r shall not be cancelled except upon thirty (30) days prior written notice to Lessor. The insurance carrier shall waive the right to subrogation against Lessor and its s invitees. 10 . Assignment And Subletting . Lessee shall not assign this Lease or sublet the premises or any interest therein (other than subletting the residential apartment units on the premises which is expressly permitted) without the prior written consent of Lessor . A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subse- quent assignment or subletting . Any assignment or subletting without the prior written consent of Lessor including any assignment or subletting by operation of law, shall be void and shall, at the option of Lessor , terminate this Lease. 11. Damage Or Destruction . a. In the event that the residential structure or other improvements shall be damaged from any cause insured against , then Lessee shall (to the extent of available insurance proceeds) , as soon as reasonably possible after Lessee notifies Lessor of said damage , repair the same and restore such residence or other improvements to sub- stantially the same condition as existed immediately prior to such damage . Fags { Lease Of Ranch House Page 6 { G b.. In . the event that either the residential structure or other improvements shall be damaged or destroyed from any f cause not insured against , then Lessor shall be entitled to repair or restore the same , at Lessor ' s sole cost, as i soon as reasonably possible after Lessee notifies Lessor of such damage or destruction, to substantially the same condition as existed immediately prior to such damage or destruction. To the extent Lessor elects not to make such repairs, Lessee may, at its option and sole cost, cause such repairs to be made . If Lessor or Lessee elect to repair or restore hereunder all available insurance proceeds , if any, shall be made available for such purpose . C . In the event Lessor shall elect to repair or restore the residential structure or other improvements hereunder pursuant to the provisions to this Section, Lessee shall not be entitled to any damages or other compensation from Lessor from any loss of quiet enjoyment or for any other reason arising from Lessor ' s repair or restoration acti- vities . d . In the event that both Lessee and Lessor elect not to repair and restore , any available insurance proceeds shall be divided 'between the parties as follows : Lessee shall receive an amount equal to fifty percent (50%) of the fraction remaining in the Lease term (for purposes of this paragraph , the lease term shall be deemed to be nine (9) months) , determined by using the number of months remaining in the term in the numerator and nine (9) in the denominator. ; Lessor shall receive the balance of said funds and , at the option of Lessor , this Lease may be terminated and all of Lessee ' s rights in this Lease shall Page f 1k: Lease Of Ranch House Page 7, cease , and in such case , Lessee shall deliver to Lessor an executed and acknowledged quitclaim deed to Lessee 's interest , as provided in Section 2 . 12 . Right Of Inspection. Lessor , its officers, agents and employ- ees shall have the right to enter on the premises upon forty- eight (48) hours' prior notice (except in the event of an emergency, when no notice will be required) at any time during the Lease to inspect the same, to insure Lessee ' s compliance with the terms of this Lease and in connection with its super- vision of surrounding lands owned by Lessor , of which the leased premises are a part . i I 13 . Default By Lessee . a. The occurrence of the following shall constitute a mater- ial default and breach of this Lease by Lessee: A failure by Lessee to observe and perform any material provision of this Lease to be observed or performed by Lessee . b. In the event of any such default by Lessee , then in addi- tion to any other remedies available hereunder to Lessor or at law or in equity, this Lease and all rights of Lessee hereunder shall be termianted upon delivery by Lessor of notice of such termination to Lessee. Upon such termination , Lessor may recovery from Lessee all amounts necessary to compensate Lessor for all the detri- ment proximately caused by Lessee ' s failure to perform Lessee ' s obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. lessor shall also have the right , upon termi- nation of this Lease , to reenter the premises and remove : � I Lease Of Ranch House Page 8 ? all persons, animals and property from the premises. Such animals and property may be removed and stored else- where at the cost of and for the account of Lessee . 14 . No Relocation Rights. Upon expiration or sooner termination i of this Lease , Lessee shall vacate the premises and remove all persons and their personal property therefrom and surrender possession of the premises to Lessor . Lessee shall cause all ( assignees , subtenants , sublessees and other persons occupying the premises , or any part thereof , to execute a sublease containing the following provision: I i "No Relocation Rights . Upon expiration of I sooner termination of the term of this Lease , Lessee shall vacate the premises and remove all persons and their personal property therefrom and surrender possession of the premises to Lessor . Lessee hereby specifically waives any rights to, and releases Lessor and 24idpenin- sula Regional Open Space District from any and all claims for , relocation benefits and/or relocation payments to which Lessee might otherwise be entitled pursuant to California Civil Code Section 7260 et sew. , and any similar or successor statutes . " Lessee , on behalf of Lessee and on behalf of each person who may occupy or use the premises from time to time who has not executed a sublease containing the foregoing provision , hereby waives any and all rights to, and releases and indemnifies Lessor from any and all claims for , relocation benefits and/or relocation payments to which Lessee and such other persons might otherwise be entitled pursuant to California Civil Code Section 7260 et sec. . , and any similar or successor statutes. 15 . Notices . All notices , demands , requests , or consents given hereunder by either party to the other , shall be made in writ- ing and shall be deemed sufficiently given and served upon the Lease Of Ranch House Page 9 t other party three (3) days after the mailing date if sent by first class mail, certified- or registered , return receipt requested, postage prepaid , and addressed to the party as follows : Lessor : Midpeninsula Regional Open Space District Old Mill Office Center , Building C 201 San Antonio Circle , ,Suite 135 Mountain View, California 94040 •Attention 1 L. Craig Britton 415/949-5500 Copy To: Stanly R. Norton, Esq. 407 Sherwin Avenue Palo Alto, CA 94306 415/324-1366 Lessee : Jerry Panghetti , Mafalda Panghetti , and Silvia Panghetti 838 Aurora Avenue San Jose , California 95129 408/996-8910 With copy to: David W. Lively, Esq. Olimpia, Whelan & Lively 152 N. Third Street, Ninth Floor San Jose , California 95112-5560 408/971-7252 or to such other address as either party may have furnished to the other as a place for the service of notice . 16 . Waiver . waiver by Lessor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained . 17 . Attorneys ' Fees . If an action shall be instituted to enforce this Lease , the prevailing party shall be entitled to recover reasonable attorneys ' fees as fixed by the Court . Pogo Lease Of Ranch House Page 10 1B . General . a . This Lease contains all of the terms, covenants, and con- ditions agreed to by Lessor and Lessee and it may not be modified orally or in any manner other than by a writing signed by both of the parties to this Lease or their res- pective successors in interest . b. Each term and each provision of this Lease to be perform- ed by Lessee shall be construed to be both a covenant and a condition . C . If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid , void , or unenforeceable , the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected , impaired , or invalidated thereby . d . The covenants and conditions hereof , subject to the pro- visions as to subletting and assignment , shall inure to the benefit of and bind the heirs , personal representa- tives, adminstrators , executors , successors and assigns of the parties . e . The Section headings of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease . f . If Lessor sells or transfers all or any portion of the premises during the term of this Lease , then Lessor , upon consummation of such sale or transfer , shall be released from any liability thereafter accruing under this Lease ta Lease Of Ranch House Page 11 for the obligations of Lessor hereunder , provided Lessor ' s successor in interest has assumed in writing , for the benefit of Lessee., the obligation of Lessor here- under. g . This Lease shall be governed by and construed in accor- dance with the laws of the State of California. h . Time is of the essence as to each and all of the provi- sions of this Lease . IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease the day and year first above written . MIDPENINSULA REGIONAL OPEN SELLER: SPACE DISTRICT (BUYER) APPROVED AND ACCEPTED: — I3y �✓� President, Board of Directors SYLVI ^� A J. PAt1IGHETTI ATTEST: Date /)12 -- - __ By _ Clerk of-the Board of J 7� 1IGHETT — Directors Dat� � '-- A B�' ff­t PANIGHETT. Date P/misc t'a,a JL_,of x _' fir"'= °'f -. a .may.`', _ \\ 1:?. _-. w ig• /' // •_-_•.. �' I, l `\ `�,`•'• --_'"` = r,' j% .�.�' �� ;�� [ � � �- .•.����'-�-� - - ate, _�' _ .r..-`:.✓ ; ���s� AIX 13 iT-3 r'• '•� r I rs:l ` I�� �,, 1. ".� t� .1=.}�,�-._.�' a - - i~ �/ �wti_�\ �� .l t f tie•' ,y, .----=lam/ , •`�f ,..._r'�'�� �" �� �' '<4 �'---�' `f. \ 'i� +\ -�. f` .� j R-86-109 (Meeting 86-28 November 24, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 10 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associates Open Space Planner SUBJECT: Final Adoption of the Interim Use and Management Plan for the Luckenbach Property Addition to the Sierra Azul Open Space Preserve - Limekiln Canyon Area Recommendation: I recommend that you adopt the Interim Use and Manage- ment Plan for the Luckenbach property addition to the Sierra Azul Open Space Preserve -- Limekiln Canyon Area, including the naming, as contained in report R-86-75. I further recommend that you indicate your intention to dedicate the property as public open space. Discussion: At your September 10 meeting you approved the acquisition of he 1 0 acre Luckenbach property addition to the Sierra Azul Open Space Preserve - Limekiln Canyon Area (see attached report R-86-75 of September 3 , 1986) . You also tentatively adopted the Interim Use and Management Plan for the addition, including naming the property as an addition to the Sierra Azul Open Space Preserve - Limekiln Canyon 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 density 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 was deferred until after close of escrow to allow for any further public comment. Escrow on the Luckenbach property closed on October 31. Staff has received no public comment since that time. R-86-70 Page three D. Potential. Use and Management The site should be maintained as a natural area to protect the visual backdrol..) of the Lexington Recreation Area and the integrity of the watershed. The site could provide a spur trail and stopping- off point for visitors using the regional trail system planned for the area. E. Interim Use and Management Recommendations 1. Boundary plaques will be placed where appropriate . Estimated costs of $15 are included in fiscal year 1986-1987 budget. 2 . In accordance with the purchase agreement , all the improvements and equipment are to be removed by seller by December 31, 1986. The Christmas trees will be removed by District staff as they detract from the more natural setting of the surrounding area. F . Dedication I recommend you indicate your intent to dedicate this property as open space, reserving the right to allow for the possibility of the transfer of density rights on all or a portion of the property. G . Naminq I recommend that this property become an addition to the Limekiln Canyon Area of the Sierra Azul Open Space Preserve. H . Terms In accordance with the conditions of the attached "Purchase Agreement Barga:i_n Sale, " the full purchase price for the 160 acre property would be $272 , 000 (or $1 ,700 per acre) . The value of the bargain will be determined at a later date by the sellers in conjunction with the preparation of their individual- (and confidential) income, tax returns. Staff is satisfied that the purchase price being paid by the District is very attractive. The funds for this acquisition would come from the Proceeds of the 1986 Promissory Note Issue and would be charged to the New Land Purchases budget .category. %: •i.Aya y ASK~AAA AAi i� 14IIl1pAa10�R A�x li�Jl i�rM i, O R >•)r��°7►sr!q rt i l��Jf�a A�A 1 i M ASaq _� n �,,i,�■ r�° q° 79 i,�tlll P ��m11N y a°A*yl a yf°�! ■L�7 A ■ a�"ll rl» K r i fw ■ "�a �A r Z3=' R � Y m� � _ �;, t ��- \�` � r \- � r-�_-±!ter"`'•,ti•�.J ' � // f = �� J -` I7 ran \22(:� ��, �•1 \`. .y� `;. '� 809.-{ `.. - ./ � ... •�"' t Ease-me-it I RIK fos�a�fl'S !Quarries UPen Space '.. r % f KEN A'EvY RO.�D AREA! Easement - ��°- .. y1e■rAar .. -` ..,.._....F SidYiXtsOsmtc^..rr � 1{' . . - �^ r rl/ �4A .. _ ~= ..-. . _ ` - � _- �` ,fir,' ,:,,\ 1.\�_ ` f �.��✓� /�,- r � .i " ■ �LINEKILN C,2', YON} PrOPosed Acquisi tion H�n AREA S (Lands of Luckenbach) ssn 1 Aim ( '-. . _ !• ` / p� sax , ;rr.,arrw,x,. �- ,�„• �`.-s..x�r--n,•*�r�•...-....( r ■: Cnl A '� - _...r p f. . . w nl - _ yQ} - San- j Ei • - ,yOn Jos N' Calnpboll ;; ' .. - -, ` m ll - r I ` - Seam ' •- � .� I�_..—__.�___- :\ ._ .-�\ram.-. _ -.r .. . ... :--'. ._ .. _. _.... _-: .5f C dal t NLA. _ < . _ 1 ART OF SIERRA eyn• ^�,. OPT'°I SPACE PRF,SERVE J Sc� � a � n ------ -- 1 = 2 0 00 , f:� NoYtn :1 11��v r�x�p^tr�Sr II..3T_¢_A_7t A._ef 7l ■ 11 9 m M v■ :r y n■ e� r n.� r n w a s� _vim v a.....a�� .... s�c.y.�_ �� — —_ _.__ _ _ __ __ _ �.— __ .. _ .r. i R-86-75 (Meeting 86-21 Sept. 10 , 1986) MIDP NINSULA REGIONAL ©PEN SPACE DISTRICT REPORT September 3 , 1986 t f� i ! TO: Board of Directors FROM: 11. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; D. Woods , Open Space Planner SUBJECT: Proposed Luckenbach Property Addition to Limekiln Canyon Area of Sierra Azul Open Space Preserve Recommendation: I recommend that you adopt the accompanying Resolution of the3oard of. Directors of the Mid-peninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement -- Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Neces- sary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Luckenbach et al . ) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report , name the property an addition to the Limekiln Canyon Area of the Sierra Azul Open Space Preserve, and indicate your intention to dedicate the property. Introduction: A 160 acre parcel of land located east of Highway 17 has been�ofE red for sale to the Midpeninsula Regional Open Space District (see attached map) . If acquired , the parcel would become an addition to the Limekiln Canyon Area of the Sierra Azul Open Space Preserve. The property is an important part of the scenic backdrop to the east of Lexington Reservoir. It is situated between the District' s Limekiln Canyon Area and the former Laye property, located near Mt. El Sombroso, in which the District owns a one-half interest and , if acquired, will make one contiguous area of protected open space between the reservoir and the ridge leading to the top of Mt. El Sombroso. A. Description of the Site 1. Si.ze-, Location_and_B_ound_arie_s The 160 acre property�is approximately 3 miles east of Lexington Reservoir on a ridge located between the upper reaches of Soda Springs Creek and Limekiln Creek (which is also referred to as Cavanaugh Creek) . These two creeks bound the property to the south and north , respectively , while the District' s Limekiln R-86-75 Page two Canyon Area and the former Laye property bound the site on the west and east, respectively. The northeast corner of the prop- erty adjoins the main ridge which connects the Kennedy Road Area to the Mt. Umunhum Area. A prominent feature of the property is the open grassy ridge which bisects the site in the east-west direction . The upper portion of this ridge has gentle to moderate slopes and affords spectacular views to the west. The remaining portion of the property is generally comprised of steep westerly facing slopes 'which drop off sharply to the north and south drainages. The vegetative community is largely comprised of chaparral with the exception of the ravines , which have large stands of bay and a few maple and Douglas fir trees. There are perennial springs in the ravines supporting a wide variety of plant and animal life. A few oaks are located on the grassy hilltops. This grassland is a result of grading within the past few years , as there is evidence of brush piles extending the full length of the grassline. One small area of propagated Christmas trees is located in the grassland on the Lipper ridge. B. Current Use and Development The property has a variety of improvements and equipment, most of which are associated with the Christmas tree farm operation. These items are to be removed by December 31 , 1986 . There are a number of interconnecting roadways along the ridgetop which branch off the main road that descends from the main ridge road below Mt. El Sombroso. A small house trailer is located near the easterly boundary , and various items of ec"Tuipment are nearby. These items include such things as tractors , trailers , a storage tank, plastic pipe, pallets , and fencing. Below the trailer is approximately one acre of Christmas trees . It appears the tree farm encompassed a larger area at one time and that most of the- trees died due to the lack of adequate irrigation. C. Planninq Considerations The property is located within unincorporated Santa Clara County and is zoned Hillside (11S) . Acquisition of the parcel for open space purposes conforms with the General Plans of Santa Clara County and Town of Los Gatos. The County' s Trails and Pathways Plan, as revised May 1982 , indicates a proposed trail corridor in the vicinity of this property, extending from Kennedy Road to Mt . Thayer. The parcel has a medium rating on the District ' s Master Plan map, a composite system of ranking lands ' suitability as open space. R-86-110 (Meeting 86-28 November 24 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 10 , 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 Blair 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-7fo—rthe Blair property addition to the Sierra Azul Open Space Preserve - Kennedy Road Area, including the naming, as contained in report R-86-38. I further recommendthat you indicate your intention to dedicate the property as public open space. Discussion: At your June 11 meeting you approved the acquisition of 4 acres in fee and a 38 acre conservation easement for the Blair property addition to the Sierra Azul 'Open Space Preserve - Kennedy Road Area (see attached report R-86-38 of June 5, 1986) . You also tenta- tively adopted the Interim Use and Management Plan for the addition, including naming the property as an addition to the Sierra.Azul Open Space Preserve - Kennedy Road Area, 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 for any further public comment. Escrow on the Blair property closed on November 6 . Staff has received no public comment since that time. ' R--86-38 • a (Meeting 86-15 "• June 11, 1986) MIDP NINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 5 , . 1986 TO : Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Woods , Open Space Planner; A. Cummings , Environmental Analyst SUBJECT : Proposed Acceptance of Open Space Easement and Fee ,Dedication as an Addition to the Sierra Azul Open Space Preserve Kennedy Road Area (Blair Property) j zdatican : I. recommend that you adopt the accompanying Resolution -0 t:.tle Board of Directors of the Midpeninsula Regional Open Space Distract Authorizing Acceptance of the Open Space Easement and Fee Dedication , Authorizing Officer to Execute Certificate of Acceptance of Grant to Dis- trict, Authorizing Officer to Execute Park, Recreation, Scenic and Open Space. Easement , and Authorizing General Manager to Execute Any and All Ot h _.r Docut:,cents Necessary or Appropriate to Closing of the Transaction (Si c r i a Azui Open Space Preserve - Lands of Blair) . � rc co�r,��iend that you tentatively adopt the 'Interim Use an � Manage-!lan recommendation contained in this report , including the naming of the real property interests as additions to the Sierra Azul Open Space. Pre- serve - Kennedy Road Area , and indicate your intention to dedicate the fe a Q nasemnaL interests in the property as public open space . Thc> District and they Town of Los Gatos have been offered the, g O$_>P0r tunit.y to ac-c~ept the dedication of an open space easement. over :38 . 42 acres of land within the Town limits south of Kennedy Road . An additional 4 acres at the upper end of the property would be dedicated in fee title to the District . The District , in turn , would grant the Town an easement over this fee title area to assure its permanence as public open space and rec- reation land . These property interests will fill the qap in the center of the Kennedy Road Area of the Sierra Azul Open Space Preserve and provide scenic, backdx:op and watershed protection for the Town of Los Gatos (see attached map) . A. Description of the Site 1 . Size , Location and Boundaries This 42 . 42 acre property is located near the southeast corner of the Town limits of the Town of Los Gatos , and is surrounded on three sides by District lands . To the east is the main Kennedy Road Area , to the south is the former.. E.i.ler_tsen property (also a joint project with the Town of Los Gatos) , and to the west is the former. L.iebelt property. To the north is private property on which a house will be constructed by the grantors of the !property interests being considered in this report. R-86-38 Page TwQ 2 . Topograp1j . -Geology and Natural _Laandscpj_2 The long narrow property consists of a steep-sided canyon opening to the north. Elevations range from a high of 1700 feet in the 4 acre fee parcel at the southern tip of the site to a low of 870 feet on the northern boundary of the open space easement parcel . A tributary of Guadalupe Creek arises in the southeast corner, paralleling the eastern boundary of the property. There are also springs on the property. The spring watered slopes support dense riparian woodland dominated by madrone , oak and bay trees . The presence of water makes the property a valuable wildlife habitat for such animals as deer , raccoon , opossum, squirrel , salamanders, and a variety of birds . Soils are of the Los Gatos and Maymen type , shallow and severely eroded. The Shannon Fault is located approximately one mile to the north and the San Andreas Fault Rift Zone is three miles to the west . B. Planning Considerations The property is within the Town of Los Gatos and is zoned Hillside Rosi- dential (HR) . Open space use of the land is consistent with the Town ' s gene ral Plan . The Town has designated Kennedy Road , north of the prop-- erty , as a rural scenic route . The property has a medium rating in the District ' s Master Plan, a com- posite rating system indicaAng the importance of the land as open space . Most of the hillsides have a slope greater than 50 percent. These steep shallow-soiled slopes permit rapid runoff and erode rapidly when vegetation is removed or grading or off-road vehicle use occurs . The open space easement specifically prohibits such damaging uses . The property forms part of a scenic backdrop visible from much of the urbanized North Valley Area , and is part of the Guadalupe Creek water- shed . C . Current Use and Development The area north of the property, between Kennedy Road and the open space easement parcel , is proposed to be developed with a 13 , 000 square foot single family private residence . The Cuber Librer Road branches south from Kennedy Road , providing access to this area . An old ranch road is located in the eastern part of the easement parcel , but it is currently overgrown . There are no structures on the property being received . D. Potential Use and Manaqement 1 . Easement Parcel (38 . 42 acres) The open space easement being offered to the District and the Town is designed to conserve the natural values of this parcel (see Exhibit I for details ) . Under the terms of this easement, the gran- tors would retain fee title to the property but would promise not to construct any improvements , mine , destroy plant or animal life , grade , or use motorized vehicles on the property , except for devel- oping water lines from the natural springs and maintaining the vege- tation in a safe condition. In return , public trespass on the prop- erty would be prohibited . The District and Town would also be given the right to inspect the casement parcel once every three years to insure compliance with the agreement , or more often in emergency situations . R-4-38 Page Three 2 . Fee Title Parcel (4 acres) This parcel , located at the upper southerly end of the property, is surrounded on three sides by the Kennedy Road Area Open Space lands , but there are currently no trails permitting access in this area . There is potential for a trail connection from the main north-south trail to the former Liebelt property across this parcel , but such a connection is also now possible through the newly acquired former Eilertsen property to the south. Thus , the main value of the property at present is as scenic backdrop, wildlife habitat and pro- tected watershed ; A trail location study will be conducted in the future to determine the best routing in this area. E. Interim Use and ManagymontRecommendation 1 . Boundary plaques will be installed where appropriate. Red ication I recommend that you indicate your intention to dedicate the fee and casement interests in this property . 'N L� This property should be named as an addition to the Sierra Azul Open Space Preserve - Kennedy Road Area.* 11 . Terms District staff has worked with three consecutive owners of this property over the last 8 years to preserve major portions of the upper viewshed . Some of the potential acquisition projects included a transfer of den- sity rights and a cooperative purchase of the entire property with the Town of Los Gatos . Because this is a very desirable area, funds have been unavailable for purchase of the lower 25 acre area of this 67 acre property. The transaction now before you is the dedication of in- terests in the upper , southerly 42 . 42 acres of the property in conjunc- tion with the development of the lower. 25 acre parcel into an individual residential homesite with an abundance of appurtenances and amenities . District staff has worked closely with the Town staff , and the level of cooperation has been gratifying . The open space easement dedication will be granted jointly to the District the. Town, with the District assuming the major compliance responsibilities . The fee title area will be held by the District , subject to a Park , Scenic , Recreation and Open Space easement in favor of the Town . This easement is patterned after the casement recently granted to the Town as a part of the cooperative purchase of the former Eilertsen property. j ;C`,; Ion, - I'. I:ENNEDY ROAD AREA — P:OPTiSED AQU1S_ ON 9 J A, CA) CONSER` ATIM EASEMENT CSC FEE TITLE r ?'T :i.? �.• lti_d r:8i - Easement -_ [^4T-s+,ur••:rsva.:a.aa[fA;aaT%�; �r .:.i 1 - Oppn Space i Xqi-•IP•ti1�w - � '%�'.} �t"!:SYi..«�.� .—.—��J f{ii¢u:,e...-.w�..f. �'Lt..:t�:�'�+:dxa'74)�•hRsdA•!i!tiiJ.J.le�vl�f['uaiMhit»R ,' 4 SCxb"Y i_ >S➢' 4:;_•_'R•.. Arw,. �e•aAt,-'y2fi'17'AS:•.'"i`.�..+:..�..s�•A w.F..*nr v':°q ^ _. i. .1. ,��Y�t'.ri.'..•uYr',•.�...4k:3' � i'1, ET Sombroso Area r i C�� Sang-,t; A "Jose �; t, � Los Glos ` i ` � Yal �l. .•..s.. ...p. ,�,..� . Sierra A.r_u� '2!1 space Preserve C -- -- - - --- '------- - ----"- --- W - -_ '" 2000 ' north b ►' �y� .. .. _ _ - ... �_-'�,w^a'.1=aYwma•.wem „s•a.�.t ri_rmso.+Ytsaxr..wx•assv4aarn:r +wsa.sa-rr�{'� I 7 •1 '. 7 w y. )/}ry p rJ q N )fJ 'i f `I i•t :S x) i ti � r t I J 7 11^1 a".1 S;17 `7 '•..t � r .: � 2' l t' ^ 1 'a 7 :) t :t .t 5 y •a'y r� :1.7 -i r. ',7)i au.SJ,�ti�N87�.it•7�x �f erg C•:!9�,f�fH _t a •i Lt Hail:2�` tJ �`.Y •1 5f •l r •. ... -•�T•}it !: A li m t ka .l,.r�. ✓, J3�:i�! 71 ./'] n BY,it W eJ J It N :/ N 4 .7�i9 r7 )I r] .f .t ,1 :/ ,7 (.t rl J fI A t p ➢ N :t l :i':1 y l "t N .f ti l . �' _ :3 'd-3J M J)L � a 71 J!�NI i) tt M 9 .t �,J�tl N i1 1➢•Ci-t] 1]� '' b .t;.1 I .. R-86-113 (Meeting 86-28 November 24, 1986) WL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 17 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; A. Cummings, Environmental Analyst SUBJECT: Proposed La Croix Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve Recommendation: I recommend that you adopt the accompanying Resolution of the Boar ofDirectors of the Midpeninsula Regional Open Space Dis- trict Authorizing Acceptance of Purchase Agreement - Bargain Sale , Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of La Croix) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, and indicate your intention to dedicate the property as public open space, reserving the right to transfer density rights . Introduction: Two parcels of land totaling 337 . 78 acres and located along the spine of the Sierra Azul east 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 Mt. Umunhum Area of the Sierra Azul Open Space Preserve. The property is an important part of the scenic backdrop to the east of Lexington Reservoir. It is situated near Mt. El Sombroso, between the District' s Limekiln Canyon Area and the Mt. Umunhum Area. If acquired,, it will complete one contiguous area of protected open space between Lexington Reservoir and the top of Mt. Umunhum. The property also in- cludes portions,oif the ridgetop road system through the area. A. Description of the Site 1. Size, Location and Boundaries The property consists of two parcels of land, each slightly larger than a quarter section (160 acres) , with a combined total of 337 . 78 acres. The parcels link District lands in the vicinity of Mt. El Sombroso, a 2 ,999 foot peak in the Sierra Azul. The upper and lower parcels share a common corner, with District lands to the north and east and private properties on all other sides . The lower parcel is on the ridge between El Sombroso and the former Laye property, in which the District owns a one-half interest. The upper parcel is located on a ridge southwest of El Sombroso which adjoins the western boundary of the former Shields and Ertell properties. The southern boundary of this parcel is approximately 1500 feet from the summit of Mt. Thayer. R-86-113 Page two 2 . Topography, Geology and Natural Resources The topography of both parcels is steep and rugged, as expected from their location on the spine of the Sierra Azul. The ridge in the northern portion of the lower parcel drops off steeply to the south into the narrow Soda Springs Canyon. Elevations range from 2880 feet on the ridgetop to 1960 feet in the canyon. The upper parcel is composed of convoluted terrain draining the northern slopes of Mt. Thayer and forming the uppermost portion of the Soda Springs Canyon watershed. Elevations here range from a low of 2440 feet to a high of 3000 feet. Beyond the southern boundary, Mt. Thayer rises to 3340 feet. Soils on the property are of the Maymen-Los Gatos Association, arising from sedimentary sandstone and shale parent materials . The San Andreas fault zone is located 3 .5 miles to the west. The vegetation is principally chaparral species on the ridges and upper slopes. The wetter canyons support a dense broadleaf ever- green forest of bay, madrone, oak, and a number of Douglas fir trees. Wildlife value is high due to the variety of plant com- munities , lack of disturbance , and presence of water. B. Current Use and Development Development o—n—TtNe—parcels is limited to the immediate areas on each side of the ridgetop road system. The lower parcel contains portions of two roads which intersect on a knob just outside the parcel' s eastern boundary. Here the main north-south road joining the Dis- trict' s Kennedy Road Area with El Sombroso and the Mt. Umunhum Area meets a Pacific Gas and Electric Company road connecting El Sombroso with the Limekiln Canyon Area and the trail to Priest Rock. With the addition of this property, this Pacific Gas and Electric Company road will be almost entirely on District land. The eastern boundary of the upper parcel adjoins the main north- south road from El. Sombroso to the Mt. Umunhum Area. Acquisition will resolve conflicts about the exact location of the road and common property boundary, since the District will then own all of the properties where the road location is in question. The owner apparently used the property for pig hunting and developed a new road into the canyon on the upper parcel. C. Planning Considerations The property is located within unincorporated Santa Clara County and is zoned Hillside (HS) . Acquisition of the parcel for open space purposes conforms with the General Plan -of Santa Clara County. The County' s Trails and Pathways Plan, as revised in May, 1982 , indicates a proposed trail corridor in the vicinity of this property, extending from Kennedy Road to Mt. Thayer. The property has a medium rating on the District ' s Master Plan map, a composite system of ranking lands ' suitability as open space. D. Potential Use and Management The site shou e d as a natural area to protect the visual ld b maintained backdrop of the Lexington Recreation Area and the integrity of the watershed. The site helps to complete a loop trail route from Priest Rock utilizing portions, of the Priest Rock Trail, the main north-south road, and the Pacific Gas and Electric Company road. R-86-113 Page three E. Interim Use and Management Recommendations 1. Boundary plaques will be placed where appropriate. Estimated costs of $15 are included in fiscal year 1986-1987 budget. F. Dedication I recommend you indicate your intent to dedicate this property as open space, reserving the right to allow for the possibility of the transfer of density rights on all or a portion of the property. G. Naming I recommend that this property become an addition to the Mt. Umunhum. Area of the Sierra Azul Open Space Preserve . H. Terms The attached Agreement stipulates the terms of sale for purchase of this 337. 78 acre parcel at a bargain price of $675 ,560. 00 (an average of $2 ,000 per acre) . This amount would be payable in cash at close of escrow. The funds would come from the 1986 Promissory Note issue and be charged to the New Land Purchases budget category. T _ MT HfJM AREA k _ 1 I -- � _` = -= -=--- 1 - -� ------- - ._ l C a�8 ��t Proposed Addition \ (160 acres) ,, •,�" i r t r , 1 _ � 5 Proposed Addition (177.78 acres) SIERRA AZUL OPEN SPACE PRESERVE MT UMUNHUM AREA i t lay r ��/ 8.�. �. 33 _ `[ Nit�Ur;�trnhu;-n . Gulch \ ! a 1 "t MT. UMUNHUM AREA '2 85 1. � = ► - \ > _ t PROPOSED ADDITION TO THE t �) SIERRA AZUL OPEN SPACE PRESERVE_ MT. UMUNHUM .AREA 'SCALE: 1"=2000' NORTH'. i I RESOLUTION NO. 86-67 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF LA CROIX) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement - Bargain Sale between Edward R. La Croix et ux and the Midpeninsula Regional Open SpacelDistrict, a copy of which is attached hereto and by reference made a4 part here- of, and authorizes the President or appropriate officers to execute d the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager Of the District is authorized to expend up to $5, 000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $675,560 is hereby ordered to be withdrawn from the Midpeninsula Reqional Open Space District 1986 Promissory Note Fund for this purchase. PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between EDWARD R. LA CROIX and DORIS ANN LA CROIX, husband and wife, here- inafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division S of the California Public Resources Code, herein- after called "District. " k WITNESSETH WHEREAS, Seller is the owner of certain real property which # has natural beauty, open space and recreational value, and ecolog- ical significance, located within an unincorporated area of the f County of Santa Clara, and being more particularly described within the body of this Agreement. WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property, by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and fopen space purposes, WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area, and WHEREAS, Seller, out of their desire to promote the public P social and economic welfare, and to share the natural and scenic beauty and enjoyment of said property with the citizens of the mid- peninsula area, wishes to sell and convey the entirety of said prop- erty to District at a purchase price below its fair market value, and District wishes to purchase and receive said property at the advantageous price so offered, I Purchase Agreement,- Bargain Sale -- La Croix Page 2 NOW, THEREFORE, • IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1..' Purchase and Sale. Seller* agrees to sell to District, and District agrees to purchase from Seller, Seller' s real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately three hundred thirty- seven and seventy-eight one-hundredths (337 . 78) acres, more or less, I and commonly referred to as Santa Clara County Assessor 's Parcel Nos. 562-10-004 ana 562-09-003 and being more particularly described f -= in Preliminary Title Report No. 1-8828 (552006) , d itef. November 10, 1980, from First American Title Guaranty Company, attached hereto as p Exhibit "A" and by this reference incorporated herein and made a part hereof. Said Property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attribut- able to the aforesaid lands , and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 1 2. Purchase Price. The total purchase price ( "Purchase Price") for the Property shall- be Six Hundred Seventy-Five Thousand Five Hundred Sixty and No/100 Dollars ($675 ,560 . 00) , which shall be paid in cash at the "Closing" as defined in Section 3 hereof . 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 9 herein, an escrow shall be opened at First American Title Guaranty Company, 320 South San Antonio Road, #8, Los Altos, CA 94022, (415) 941-3220, or other title company acceptable to District (hereinafter "Escrow Holder" ) through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional Purchase Agreement Bargain Sale -- La Croix Page 3 escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein pro- vided, 'with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before the expiration of thirty (30) days following execution of this Agreement by both Seller and District; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. The final date for Closing, including any written extensions as provided for herein, shall be on or before December 31 , 1986 . (b) Seller and District shall , during the escrow period, execute any and all documents and perform any and all acts reason- ably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property as described in said Exhibit "A" . (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District' s check payable to Escrow Holder in the amount of Six Hundred Seventy-Five Thousand Five Hundred Sixty and No/100 Dollars ($675 ,560 . 00) . d ` Purchase Agreement. =- Bargain Sale -- La Croix Page 4 (e) District shall pay for the escrow fees , the CLTA Stan- dard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall• be apportioned or allocated between District and Seller in the manner customary in San Mateo I County; All current property taxes on the Property shall be pro- rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures . (f) Seller shall cause First American Title Guaranty Company, or other title company acceptable to District, to be prepared and committed to deliver to District standard coverage CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $675 , 560 . 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) cur- rent real property taxes; (ii) the listed exceptions 1 , 2, 3 and 4 as set forth in said Preliminary Title Report attached hereto as Exhibit "A" , (iii) those additional title exceptions as may be accept- able to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District dis- approved 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 Dis- trict' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. I Purchase Agreement -- Bargain Sale-- .La Croix page 5 (g) Escrow Holder shall , when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the s original of the policy of the title insurance if required herein, and to Seller Escrow Holder' s check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the. Event of Termination. In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and F escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termina- tion or failure to close escrow. 5 . Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse Dis- trict for any and all costs , liability, loss , damage or expense, including costs for legal services , occasioned by reason of any such Purchase Agreement- ,Bargain Sale ;-- La Croix Page 6 lease or rental agreement of the Property being acquired by District, including but not limited to claims for relocation benefits and/or r payments pursuant to California Government Code Section 7260 et spec . Seller understands- and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6. Seller' s Representations and Warranties. For the purpose of consummating the sale and purchase . of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. f 6. 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller suf- ficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Sel1Pr is a party or by which Seller may be bound or any articles, f bylaws or corporate resolutions of Seller. J I 6. 03 Good Title . Seller has and at the Closing date shall have good , marketable and indefeasible fee simple title to the Subject Property, and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any Purchase Agreement - Bargain Sale -- .La Croix Page 7 third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by' any third party which are based upon any inaccuracy in the foregoing representations. 4 7.• Waiver of Statutory Compensation/Bargain Sale. . Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real F Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Further, it is acknowl- edged by District and Seller that the purchase price being paid for the Property is less than the Property' s fair market value, and that the difference in price being paid to District and the Property' s fair market value is being donated to District as part of this trans- action. Seller hereby waives any and all existing and/or future rights it may have to the fair market value of said Property, appraisals , etc. , as provided for by said Federal Law and any cor- responding California Government Code Sections. In evidence of such Bargain Sale, District shall execute and submit into escrow Internal Revenue Service Form 8283 , as appropriate. 8 . Miscellaneous Provisions . 8 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles , shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 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 i Purchase Agreement —Bargain Sale -- La Croix Page 8 in such action or proceeding shall be entitled to recover from the other . party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judg- ment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 8. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants con- tained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8. 04 Rights Cumulative. Each and all of the various rights, g r 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 xclusive election thereof nor the waiver of any other right, power or remedy available to such party. 8 . 05 Notices . All notices , consents , waivers or demands of any 'kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement Purchase. Agreement —Bargain Sale -- La Croix Page 9 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: Edward-R. La Croix 1530 Meridian Avenue Suite #301 San Jose, CA 95125 a (408) 264-5430 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable , a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- s vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliv- ery as shown by the addressee' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which r such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from I giving oral notice to the other when prompt notification is appro- priate , but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. CPurchase Agreement . " Bargain Sale -- La Croix Page 10 8 . 06 Severability. If any of the provisions of this Agree- ment are held to be void or unenforceable by or as a result of a deter- s 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 g parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or ' unenforceable provisions. 8. 07 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. 08 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as , a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 8 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspond- ence, conversations, negotiations , agreements or understandings relating to the same subject matter. 8. 10 Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. Purchase Agreement. —Bargain Sale-- La Croix Page 11 8. 11 Survival of Covenants. All covenants of District or ' Seller which are expressly intended hereunder to be performed in i 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 E assigns. 8. 12 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 1 written approval of the other party. 8. 13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appro- priate to consummate and carry into effect the transactions described and contemplated under this Agreement, 8. 14 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 8. 15 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 . 16 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. j Purchase Agreement Bargain Sale -- La Croix Page 12 8. 17 Broker' s Commission. Each par ty ty 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 signed by Seller and returned to District on or before November 19 , 1986 , District , shall have until December 11 , 1986 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. H Purchase Agreement- Bargain Sale -- La Croix y • IN. WITNESS WHEREOF; the parties hereto have caused this Ar-- . -�c. to be executed by their duly authorized officers to be effect.-. f the date of fin al. execution by District in accordance withM ' s hereof. MIDPENINSULA REGIONAL OPEN SP7.CE SELLER DISTRICT APPROVED AS TO FORM; - ,r_ Edward R. La Croix �--�- Date; Stanley Nort� District Counsel ACCEPTj:,D /j FOR RECOMMENDATION: Doris Ann La Croix �l Date: f L. Craig ,,Britton Land Acquisition Manager APPROVED AND ACCEPTED President, Board of Directors i Uisti-�.ct Clerk Date r First American Title Guaranty Company 4S,t A M E R !C,! p� ,t ❑CAMPBELL ❑CUPERTINO ' ❑LOS ALTOS ❑ PALO ALTO } SAN JOSE 4 24M SOUTH BASCOM AVE 10370 SOUTH DE ANZA BLVD 445 SAN ANTONIO RD.0101 550 HAMILTON AVE 615 NORTH FIRST ST CAMPBELL;CA 95006 CUPERTINO,CA 95014 LOS ALTOS,CA 94022 PALO ALTO.CA 95037 SAN JOSE,CA 95112 14081 377 2992 14081 2527000 44151 941 3320 (4151 326.54SO 1408)2WW53 0 SARATOGA ❑SUNNYVALE ❑BLOSSOM HILL SAN JOSE '❑WEST VALLEY SAN JOSE 0 AL-ADEN-SAN JOSE 14640 BIG BASIN WAY 105S SUNNYVALE SARATOGA RD 495 BLOSSOM HILL ROAD 4125 BLACKf ORO AVE,0100 3315 Almaden Exr SARATOGA.CA 95070 SUNNYVALE,CA 94087 SAN JOSE,CA 95123 SAN JOSE.CA 95117 95i18 CA San Jg6a, 4406P 9570667 (4060245.966 1 44MI 227-S 111 (4081249-9611 (408) Se. CA 070 PRELIMINARY REPORT ■ . issued for Sale Use of ■ Your No. Our Order No. 1-8828 C 5`52�O(, Form of Policy Coverage Requested: In response to the above referenced application for a policy of title insurance,this Company hereby reports that it is prepared to issue,or cause to be issued, as of the date hereof,a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of 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. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested. Dated as of November 10, 1980 at 7:30 a.m. MARY VIERLING ESCROW OFFICER DONNA HARTMAN TITLE OFFICER Title to said estate or interest at the date hereof is vested in: EDWARD R. LA CROIX AND DORIS ANN LA CROIX, his wife, as community property The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: SEE NEXT PAGE ATTACHED, E9€ IT_ Fags — �f 1-8828 Page 2 A. Taxes for the fiscal year 1980-81, First Installment $182.84, Second Installment $182.84, APN 562-10-004, Code Area 80-008'. B. Taxes may be reassessed by reason of: a) Improvements added subsequent to 3/l/75. b) Changes in ownership occurring subsequent to 3/1/75. c) Reappraisal of property values .as of 3/l/75. 1. Right of the Public over any existing roads. 2. Lack of record access to any public street or highway. 3. Easement for the purposes stated herein and incidentals thereto. For: Construction, Maintenance and Operation of 3 steel towers for electric transmission lines and all necessary appurtenances Granted: Pacific Gas and Electric Company, as disclosed by Final Order of Condemnation Recorded: June 18, 1969 in Book 8573, page 644, Official Records Affects: The following described portion of Lots 3, 4 and 6 of Section 1, T. 9 S. , R. 1 W. , M.D.B. & M. A strip of land of the uniform width of 120 feet extending from the Westerly boundary line of Lot 4 of Section 1, Township 9 South, Range 1 West, M. D.B. & M. , Southeasterly to the Easterly boundary line of Lots 3 and 6 of said Section 1 and lying equally on each side of the line which begins at a point in the Westerly boundary line of said Lot 4 from which the 3/4 inch iron pipe set in a rock mound marking the Northwest corner of said Section 1, bears North 10 53' East 648.7 feet distant and runs thence South 77' 08 1/2' East 442.9 feet; thence South 73° 18' East 2295 feet, more or less, to a point in the Easterly boundary line of said Lot 3. 4. Easement for the purposes stated herein and incidentals thereto. For: Road purposes for the construction, maintenance and operation of said electric transmission lines as set forth in above exception and for adequate access thereto. Granted: Pacific Gas and Electric Company, as disclosed by Final Order of Condemnation Recorded: June 18, 1969 in Book 8573 of Official Records, page 644. Affects: Portions of Lots 3, 4 and 6 of Section 1, T. 9 S. , R. 1 W. , M.D.B. & M. 5. Deed of Trust to secure an indebtedness of $41,000.00 Dated: July 16, 1980 Trustor: Edward R. La Croix and Doris Ann La Croix, his wife Trustee: California Land Title Company of Santa Clara County, a California corporation Beneficiary: Marie Lawrence, a widow Address: 755 Lois Avenue, Sunnyvale, CA 94087 Recorded: July 24, 1980 in Book F458, page 522 of Official Records 6. The records disclose the following against parties with the saute or similar names � as vestee; inquiry should be made to establish the identity of said parties. Fags I 1-8828 Page 3 a) Judgment for the amount her stated and any other amounts due. Court: Superior Court of the State of California, For The County of Santa Clara Case No: 411556 Creditor: Steve Mizzi Debtor: Edward R. La Croix, Jr. Amount: $705.96 Entered: August 7, 1979 Recorded: June 24, 1980 in Book F392, page 524 of Official Records Attorney: Michael T. Morrissey, Clark & Glennon, 110 North Third Street, San Jose, California 95112, Telephone: (408) 292-2434 7. Any unrecorded leases which may be disclosed by an inspection of the premises. NOTES: A) The only conveyances affecting said land recorded within six months prior to the date of this report are as follows : GRANT DEED: To: Edward R. La Croix and Doris Ann La Croix, his wife, as community property From: Anthony Battaglia and Margaret Bersano Recorded: July 24, 1980 in Book F458, page 521 of Official Records B) Owners Address : 1530 Meridian Ave. Suite 301 San Jose, Ca. 95125 q LEGAL DESCRIPTION: Real property situated in the County of Santa Clara, State of California, described as follows: Lots 3, 4, 4, 6, 9, 10 and 16 of Section 1 and Lot 1 of Section 12, All in Township 9 South, Range 1 West, Mount Diable Base and Meridian, according to U. S. Government Survey. LENDERS SUPPLEMENTAL REPORT: Any facts, rights, easements, interest or claims which are not shown by the public records but which could be ascertained by making inquiry of persons in possession of said land and dislcosed by a physical inspection thereof. y,; J.) � ea a INC LOT c — -------- c7x. �C7 L j (tcSttc) 4Bl0. r�. OT16 LGTi I LOT ' ,•+Q _ Ia' Si 17 Ac t7 ic3 4- (4i 43 F'j t 1 17 54P„•Aw TOTAL, LOT + LOT7 LOTiO - - - -- - - - - -.- ----N — LOT 2 ! 1 Cac 65 acl z (u 74 9 te) (ti 7aa=) 4;- At) LO:7 c LCT iri C 21 B. ' I87.96 4C TOTAL I 113.15 At 70TAL i\ U S A i�i 4J. 1 a44 i b\ 94 Az —=--'�w y f:IIDPENINSULA REGICI'IAL OPcft SPIcCE DISTRICT iC --- LOT 3 CCT 6 �rl „o: lAy It LCT+4 Ip?g ' s 35.744C:TOTAL p�zSs •` +,----- ea9:e -- 'I (a 74 a<) (ai 7a A<) si t0 At ! ci b A:- 3 R / star ! J • + 39 ti" (z0 271 Ac) 1352 AC.TOTAL ; I! 44 T .. 36 I i [ 2 z f'• - 074 (a:67 Lc) et1 G LL. LOT;3 LOT 1 ({ • A`} - .ZC2^,.. At� (t:'4At,. (4.78L<) it�� SLOT(�..ZL,t attT<<'r W W LOT .04 i Ya 48 702, �i'!� Gbo G;r! S ) W 6! LOT t03 lod 73 t-c. 6 ^. 4,e w. :o, 8352 AC. TOTAL f % 32 s,�, 10 24 r 4t `` •.1. �; y i .. •v m — _— --- --- 1 � •'4 LD'aJw $ --- itrrj.�j ornance with evenLIe ; t,ix- n tive 3/1/80. reon - As;e;sor -J Vim; Yl• r 11 B�6Sa � � :.� I6 ��__=;- 17 Jar, 18 14 - .(4064,:1 ,g �r cr 1� •) 7 (4090c) 10 is ?:3 C•,', �' ` 1.2..4j C TOTAL - I / ! IV.D. (3lvo ��- v4 3 �r4c) �/ �. 4 L MIDPENINSULA REGIONAL QPErl SPACE DIST. 123.231C. TOTAL llu i`� 4/�/ �4051eC; 5 (ti0.95AC� -- ---- - ------ 137.S2 AC.TOTAL ro 12 41.414C, 13 N 1 R �.vy.. R• rr�r.T�v - 558 >•�•�7+00 R-86-116 (Meeting 86-28 November 24 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 18, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods, Open Space Planner SUBJECT: Status Report on Monte Bello Road and Request to Extend Agreement with County of Santa Clara for Right of Entry at Picchetti Ranch Area Recommendation: I recommend that you authorize the President to execute the attached amendment to the Permit to Enter agreement between the District and Santa Clara County. Introduction: In March, 1986 you entered into a short-term agreement with the County of Santa Clara, allowing the County to enter and to construct a temporary bypass road on the northwesterly portion of the Picchetti Ranch Area (see memorandum M-86-26 dated March 6, 1986 and Attachment Number 1) . The agreement was made for a period of nine months during which time the County was to study and recommend a permanent alignment for Monte Bello Road. District staff reviewed the County's preliminary reports in July and found them to be incomplete in that they did not adequately address the creek and road area below the existing slide. On September 7 , 1986 representatives from the County and District met to dis- cuss a course of action. It was decided that the County would proceed with a more in-depth study of the area and return to the District in the winter with a plan for the long-term solution to the road alignment problem. It was agreed that, generally, two routes would be explored: 1) the existing route, by establishing creekside stabilization and road work along the entire portion of Monte Bello Road that is adjacent to the creek, and 2) a complete reroute through the Preserve 's interior and away from the creek and winery complex. Staff will return to you with the study when it is completed. Prior to the September 7 meeting, it was determined by the County that the old road alignment could be utilized for a short term if certain stabilization improvements were made to the banks of the creek and roadbed. This work was recently completed, and traffic has now been routed back onto the original alignment. Since this project is temporary in nature and there are no guaran- tees the roadway will remain stable through the coming winter, District staff indicated a willingness to allow the temporary emergency route to remain in place during the winter for emergency purposes. To accomplish this , the agree- ment between the County and District will have to be extended and amended to include the following: A) The emergency re-route will be in place for no more than one year, and this amended agreement will expire on November 24, 1987. B) The emergency re-route will only be used if the recently repaired original alignment fails to accommodate traffic. R-86-116 Page Two C) The District will remove the northerly section of the parking area fence after March 15 , 1987 if the emergency route is not in use. This will provide additional parking for the Preserve and winery during the spring when visitation is at its peak. D) The emergency re-route will be closed by the County by means of a fence during the period of time this route is not in use. The draft agreement is included as Attachment 2 for your approval. Attachment 1 Project: Montebello Road Emergency Re-route County of Santa Clara Transportation Agency 1570 Old Oakland Road, Suite 203 San Jose, CA 95131 PERMIT TO ENTER Permission is hereby granted to the Santa Clara County Trans- portation Agency, hereinafter "County" , to. enter upon lands of the Midpeninsula Regional Open Space District, hereinafter "District", as outlined on the drawing entitled "Montebello Road Emergency Re-route" and labeled Exhibit "A" as attached hereto and made a part hereof, for the purpose of constructing a temporary road detour necessitated by a slide affecting a portion of existing Montebello Road. - It is understood that the alignment of the temporary detour road will encroach upon a portion of District's Open Space Preserve and its public parking area, thereby potentially causing a significant impact to the environment and reducing the available public parking which serves not only the Preserve but also Sunrise Winery, a private enterprise located on the Preserve under a 25-year lease with Ronald J. and Rolayne K. Startz as Lessee and District as Lessor. in an effort to minimize the potential environmental and economic impacts of the temporary detour road and to provide for public safety (both of the Open Space Preserve and Montebello Road) , the conditions outlined in Exhibit "B" , as attached hereto and made a part hereof, are agreed to by County. This permission is granted with the understanding that County will construct said temporary road detour as shown on Exhibit A and in accordance with the plans and specifications prepared by County and approved by District. It is understood and agreed that County will exercise reasonable care to avoid damage to District property during the construction of said temporary road detour. The County agrees to indemnify and hold harmless Midpeninsula Re- gional Open Space District and Sunrise Winery (Ronald J. and Rolayne K. Stortz) from any liability arising out of County's operation under this - agreement. Notwithstanding any other provision of this agreement, County further agrees to assume responsibility for any damages proximately caused by reason of Count y 's operation under this agreement and County will , at District ' s option, either repair or pay for such damage ., provided, how- ever, that under no circumstances shall County be liable to District or Sunrise Winery for any impacts upon or alleged losses in patronage, busi- ness, or access by the public arising out of the construction, maintenance, { or existence of the temporary road. EXHIBIT B (ILLUSTRATION) — CONDITIONS FOR CONSTRUCTING A TEMPORARY DETOUR ROAD PROPOSED ALIGNMENT FOR TEMPORARY BYPASS ROAD (GRAVEL - ONE LANE) Bank � . • Swiss Creek i �—SLIDE AREA Temporary stoplight _� . • �_ ! & new double gate Temporary stoplight-_*' a �. Swiss !Creek Driveway to be Parking widened to 18' (existin ) R. paved Qr1 AlvnL-c� he1.1.0 Monte Bello Road hew �----- Fence New Gate . Trail � �'�--- !fain 0 Existing --� House splitrail e fencing to remain PICCHETTI r A RANCH AREA NORTH (APPROXIMATE SCALE 1" = 501) ttachment 2 Project: Monte Bello Road Emergency Re-route County of Santa Clara Transportation Agency 1570 Old Oakland Road, Suite 203 San Jose, CA 95131 AMENDMENT TO "PERMIT TO ENTER" It is hereby mutually agreed upon by the Santa Clara County Transportation Agency, hereinafter called "County" , and the Midpeninsula Regional Open Space District, hereinafter called "District" , to extend the existing Permit to Enter agreement, dated March 12 , 1986 , for a period of one year. This extension will allow the County to retain the Emergency Re-route road for the purpose of providing emergency access if existing road align- ment fails during the upcoming winter season. This amended agreement will terminate on November 24 , 1987 . It is understood that the primary purpose of this extension is to provide the County sufficient time to comprehensively study alternatives and implement a long term solution to stabilization and/or realignment of Monte Bello Road. It is agreed upon by both the County and District that said study will examine the entire section of Monte Bello Road that parallels Swiss Creek and is outlined on Exhibit A, as attached hereto and made a part hereof. The study will emphasize environmental protection of the Preserve and will evaluate each alternative equally and in-depth so that both parties can , hopefully, come to an agreement on a permanent road aliqnment based on adequate environmental and fiscal data . This permission is granted under the following conditions : A. The emergency re-route , when not in use , will be properly secured by the County to prevent illegal vehicle entry. A wood rail fence meeting District specifications shall be placed across the road by County in the vicinity of both the upper and lower traffic light. B. After March 15 , 1987 , assuming the emergency re-route road is no loncter required for emergency use, the District may elect to remove portions of the fence in an effort to enlarge the parking area for spring visitor use. At that time the County agrees to remove the traffic lights and utility poles . Very truly yours , Midpeninsula Regional Open Space District By President , Board of Directors Dated : J Montebello Road page Two Emergency Re-route Amendment -to "Permit to Enter" Sunrise Winery By Ronald J. Stortz By Rolayne J. Stortz Dated : w ATTEST • COUNTY OF SANTA CLARA BOARD OF SUPERVISORS By APPROVED AS TO FORM AND LEGALITY: Dated : EXHIBIT B Page two b. Only those trees or portions thereof which have been previously agreed upon by the District may be removed . County Agrees to contract• for .professional tree trimming services for the trimming of all oak trees . c . Cut slopes generally will not exceed 5 feet in heights . d Roadside barriers to prohibit o i p ffroad vehicle tre spass will be installed upon request by the District if deemed necessary. �I . The County will assume, on a permanent basis , maintenance of the roadside drainage ditches which parallel Montebello Road above and to the west of the project area . a . County' s maintenance responsibility will extend approximately 500 ' southerly of the westerly intersection of the detour road and Monte Bello Road . 5 . County will restore the project area to its natural state within six, months following abandonment of detour road . a . County will implement a restoration plan which is prepared by an independent consultant selected from a k list provided by the District . b. County will continue , at the District ' s request , to maintain erosion measures specified by the plan until the project area is fully stabilized in the opinion of District for a period of two years . 6 . Reasonable measures will be taken to reduce and control traffic on the detour road as it passes through the Preserve. a . Traffic signs will be placed at the beginning of Montebello Road and at the beginning of the detour road to limit use to residents , guests , Preserve users and winery visitors . b. A traffic control light will be installed at both ends of the detour road to regulate the one lane traffic flow. Exhibit B - Conditions for Constructing a Temporary Detour Road 1. The existing driveway leading to the parking area will be widened to a width not to exceed 181 . a. Grading will be confined to the north side of the driveway to improve line of sight. b. The resulting cut bank will be rolled back and reseeded. C. `.c trees will be disturbed in the project area .except those agreed upon by District. d. Tre existing culvert will be extended 8 ' - 10 ' . e. The full length of the access driveway will be paved to the parking area. f. A paved drainage Swale will be constructed on the north side of access driveway. Y g. The existing single 12 ' pipe gate will be replaced by two 10 ' pipe gates (of District specifications) at the same location. If the County is unable to provide gates meeting these specifi- cations , the District will provide these gates at a cost of $1600 to be reimbursed to the District by the County. 2. The temporary detour road alignment through the parking area will follow the course shown on the attached site plan. a. The width of the roadway will narrow to 12 ' on the west. side of the parking area. b. A wood rail fence consistent with other fencing around the parking area will be installed along the east side of the road to separate vehicle traffic from pedestrians utilizing the public area. C. A pipe gate (of District specifications) will be installed on the easterly end of the newly constructed fence to provide security for the parking area. d. The drainage at the northerly end of the parking area will be improved by raising the existing grade and creating a drainage Swale. C . The drainage at the southerly end• of the harking area will be p 'm z rov ed with _h a drainage swale and culvert . f . County will assist District and the winery leasees in improving mutually agreed upon temporary parking areas within the leasehold area to offset the loss of parking resulting from the proposed detour road. An area currently identified is the southerly bor- der of the parking area between the existing graveled surface and wire fence. 3 . The newly constructed portion of the detour road will fOl.low an align- ment established in the field by the County and District. a. The detour road will not exceed 12 ' in width (except on curves i which will be widened to approximately 201 ) and will have a compacted gravel surface . i VTEhLLO DAD ENi�',�'GE//C1 ,t'E-, •TE ram\ ` \ . �p SG/DC�. . 4 ' �1F��` 09 A,4,E�kjtj el a \ DlZivEw,aY ro�'� \ 8E W/DENEo To Jb' ' f � / OLD ,��' I •. � --�� �� ``� kr4ffA ( lye �4S,r o�C • GATE � 1 \ �FEIVC� I FENS , '� q�"oAk � TEMP��A,C'y f✓/KE3�� `A�ESS �2DA,0 FEAIGE ' Q f' 0,2Cf{ I�,� ' a � � C1 • p b ' OP. RTIMO�.�,�/I` SCALE: xs} �f 0 An .jox oo � eae''Or i J � SD Y L 0C.4 r/0A/ �/�f AP r• ., Montebello Road Page two Emergency Re-route It is . also understood that during the emergency road closure County will examine all .the unstable portions of Montebello Road in this vicinity and construct the replacement roadway in such a manner that the possibility of reoccurrence and encroachment on the District 's ace Open S Preserve_ P will be minimized The road closure and e_�.ergency re-route will be in place for no more than 9 months and this agreement will expire on December 31, 1986 . Very truly yours, Midpeninsula Regional Open Space District By v�c— President, Board of Directors Dated: I116_v-C1_ 1 .:� (<.( Z(/ Sunrise Winery ATTEST: DONALD M. RAT Clerk Board of Su er isors ByA_�_ � �Roa J. tortz By .!Y Stortz 1u. � APPROVED AS TO FORM AND LEGALITY: Rol yne l i Dated: J Herbert L, Keaton .Deputy County Counsel COUNTY OF SANTA CLA RA. BOARD SUPERVISORS By Sufanne Wilson Chairperson Dated:__. LACA l__/e,6 Ualryp� t 0 p ` ARFIb r S J a' i � 1 IF vvd •___�= y'_ o I �� L ? �' FREMONT OLDER I 600 OPEN SPACE PRESERVE ��' zi MONTE BELLO OPEN SPACE PRESERVE PICCHETTI RANCH AREA t �1 j MONTE BELLO h ! \ � / _`� - �� ` • �` ' OPEN SPACE PRESERVE Buy STEVENS CREEK, COUNTY PARK ►�,.�, 1 ''`-- '% 1 •,. � �cam.-- l i 1 `I `� .qw a Panain rtP Cupertino 4p0- '(yam `� 4sca.w+r\ ' `cc i»<. ,c^ t�`-�'/ '�'- ._ � •-,(�j // � ��`O \9 SITE MAP (USGS) EXHIBIT B F Saratoga MONTE BELLO OPEN SPACE PRESERVE SPA .l.1�4� I Montt ' SHMo r.� � `: •` Picchetti Ranch Area Los Gatos 10 Lease Area Trails (Hiking g & Equestrian) o0c Scale 1" = 13001 North R-86-112 (Meeting 86-28 of November 24 , 1986) Kc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 17 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT : Resolution Supporting the Protection of a Permanent Bay Area Greenbelt Recommendation: I recommend that you adopt the attached Resolution Supporting the Protection of a Permanent Bay Area Greenbelt. Introduction: Jay Powell, Field Organizer for People for Open Space, showed the new film "Treasures of the Greenbelt" at your November 12 meeting, gave an informational presentation about People for Open Space, and answered questions (see report R-86-101 of November 3) . Discussion: People for Open Space and the Greenbelt Congress are seeking resolutions of support from public and private organiza- tions for the protection of a permanent Bay Area Greenbelt. They will use these expressions of support to demonstrate the broad interest in a permanent Greenbelt. RESOLUTION NO. 86-68 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING THE PROTECTION OF A PERMANENT BAY AREA GREENBELT WHEREAS , the Greater Bay Area is a special place to live, pro- viding a unique quality of life and a balance between urban areas and the approximately four million acres of productive , highly valuable open space in the nine counties of the Bay Area; and WHEREAS, a metropolitan Greenbelt is a large system of protected and productive open space, established to deliberately guide the growth of cities , and is vital to the social, economic and ecological well-being of the region and its residents ; and WHEREAS , protection of a Greenbelt will promote a more compact, efficient pattern of development, and, by physically separating communi- ties , enhance civic identities ; and WHEREAS , the Midpeninsula Regional Open Space District was spe- cifically created by the voters of northwestern Santa Clara County and southeastern San Mateo County to acquire and preserve scenic and recrea- tional open space ; and WHEREAS, the District' s open space is an intrinsic part of the Bay Area Greenbelt, providing a variety of low intensity outdoor recrea- tional opportunities on its various Preserves , as well as protecting areas of particular scenic beauty and enhancing the survival prospects for en- dangered plant and animal species ; and WHEREAS, without official protection for the existing Bay Area Greenbelt, the region will in the next few years permanently lose large expanses of its open space; and WHEREAS , public policy in the Bay Area, in the general plans of all nine counties, already supports the essence of this Greenbelt Plan; NOW, THEREFORE , the Board of Directors of the Midpeninsula Regional Open Space District does hereby support protection of a perma- nent Bay Area Greenbelt. WRITTEN COMMUNICATION Meeting 86-28 IT111 Nov. 24, 1986 Portola Park Heights Property Owners Association 22400 Skyline Boulevard Box #16 La Honda, California 94020 F Z-S?CNSE ACTION PROPOSED BY STAFF — Board President Acknowledge/Respond — Director—Acknowledge/Respond — Staff Acknowledge/Respond — Draft Response Attached — Staff to be Directed to Prepare Draft &I-SPonse for Board Consideration per MidPeninsula Regional Open Space District Board Di ective(s) or L Board of Directors _her KLF-T Old Mill Office Center, Building C, Suite 135 201 San Antonio Circle Mountain View, California 94040 November 20, 1986 Dear Board of Directors, Recently I received a copy of your "Policy Regarding Private Use of Emergency Access Road Over Long Ridge Open Space Preserve" . We have verbally and in writing expressed our concern over item number seven. The District cannot ever discontinue or disallow our use of Long Ridge Road, between points B & D referred to as the Emergency Access Road on Exhibit 'A' , (hereinafter referred to as Long Ridge Road") . Historically this community has used the road for fifteen years and others living here have used that road long before that, as this was the only access road into this community before the establishment of Portola Heights Road. Long Ridge Road is our only access to Skyline Boulevard in the event of a natural disaster such as fire, landslides, and the like. The District, I am sure, does not want to be liable for any loss in death or property due to blockage of Long Ridge Road for the residents of this community. I have spoken to David Hansen, Jim Boland, John Escobar, and other rangers and all have confirmed the fact that the residents in this community have not abused the use of Long Ridge Road. Jim Boland and the Rangers are trying hard to work with our community . You, the Board Members have also tried to improve relations with the neighbors in the past year. Please do not cause more unneccessary conflict by trying to enforce item number seven. I am confident that you would not want to ever restrict our emergency access on Long Ridge Road. If item number seven is deleted there are many residents who would gladly comply with this agreement. Sincerely, C J °' -< Candace Stone President, Portola Park Heights Property Owner's Association Mot- u , =s (gig' `�` \ ��� x\ ,' �\.:�� \Q—�J��� ✓� ,� X In a L Vt i 2 68 ri.°I,d .Q •`/r/� a �=v , d e X( r,��� =a i � 1 I-.• � y y,p+ .� .l` ' I °f a , *' D. Gate /r\, \ a `tip;✓�'� �,, ♦f :a as� `� s v I� ,+ ��, � �"�/4'op •rrr ��, ._-���. •dam ,�v`� L jJ 9 Exhibit 'A' j Long Ridge Open Space Preserve scale 111 = 2000' North jo,;eph A/1. rtti 21121I 1•rur71717. 1 hY;e'. �.iil _. __.._ ...... , 111"rl 374-3132 September 10, 1985 Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle, Suite D1 Los altos, CA 94022 Re: Portola Heig-hts Road Dear Directors : This communication is submitted on behalf of my Client, the Portola Park Heights Property Owners Association rr , __ �'3sociation") , and in reference to recent discussion and actions concerning the MROSD ' s use and threatened use of the burden Heights Road. I will not attempt in this letter to jarden lay r:embers of this Board with extensive legal jarcon, but rather place the Board on notice as to the respective rights of MY client, and the recent actions and threatened actions by the MROSD w those rights, hich are incompatible with EASEMENT VIOLATION First, when the MROSD acquired ownership interest in the land surrounding and underlying parts of Portola Heights Road, it assumed the position of a participating owner, with similar rights and obligations to the individual owners of the Association with respect to that road. That easement road was created as reciprocal easements for the pur ose of providing access to the residential-subdivision uses of the area. In that context Position than that of the t priohe ROiDndivi,d stands in 1 no different which it acquired title: landowners from obligation of maintenance and concomatant Tres ons�bi lit tito take no act �ahich causes an, unreasonable and excessive burden on the easement. Recently, the MROSD designated part of Heights Road as a public the Portola hiking trail. That designation is in total violation of the easements-covenants reflectin the use of that road for it places an g incompatible burden on unreasonable and rad (public unrelated to the intended and the uses. The slinka g he llf any recreational trail systems to the Portola Heights Road and/or the invitation of the public to use that road f Pe constitutes a violation of the easements rights inherited by % ?`_P,OSD. That violation is grounds for extinguishment of all easement rights held by the MROSD. Civil Code 811 ; Fletch=_r v. Stapleton (1932) 123 C.A. 133, 136; Strother v. Pacific Gas & Electric Co. (1949) 94 C.A. 2d 525. INSURANCE PROTECTION Second, since the Park District has already encouraged public participation in the area adjoining the Portola Heights Road, and by that road, linkage to individual ownership parcel in the .Association, it has an obligation to co-insure both the Portola Park Heights Property Owners Association and the individual owners for liability insurance. This will place the MROSD on notice that failure to provide that insurance, will constitute in and of itself a negligent and unreasonable act by the Bo ard of Di re ctor s and should any litigation be initiated against the Association or its individual members by virtue of public injuries or claims caused in part or whole throug h th I e g MROSD s invited public use of the area, that the Portola Park Heights Property Owners Association would most naturally look to the MROSD for indemnity and responsibility. SCHOO_, ROAM.,: PRIVATE ADVERSE POSSESSION Third, it has come to my attention that during the last 2-3 years, the b_'OSD has at various times interrupted my client (and their members) legal access through School Road. This is to inforr, the District that the Association and its individual member lando.tiners acquired, through adverse possession, rights of access through School Road on the basis of 20 years of uninterrupted adverse use of that road prior to the acquisition of the underlying property by the MROSD. Civil Code 1007. Under the circumstances, my client is entitled to full legal access across that road, with joint private participatory rights to any locked gates. Any further installation of exclusive locks, or denial of access, will constitute a violation of my client' s private prescriptive rights. CONCLUSION When the MROSD acquired interest in lands adjoining the Association, it became a successor to a series of covenants for easements through Portola Heights Road. That ownership necessitates a good neighbor policy, in which the MROSD will not init iate acts that cre ate unreasonable bu rdens ens to the private easement rights of my client. As long as Portola Heights Road remains a private, rather than publicly dedicated and maintained road, the public has no right to access . Should that use be further encouraged by the MROSD, then it jeopardizes the extinguishment of all of its rights to that road, and in the process, subjects itself to 2 liazility and the relief provisions of the covenants on file . Sincerely, vrx Joseph M. Gughemetti JM.G/ rk 3 0�" �►' 0..emenc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: November 19 , 1986 1986-1987 E ON-SIT PROJECT CODES VV DISTRICT VEHI S RC ER CODE Project Vehi 1e mj ,ct rR VO M 0 01 Boland V1 41 02 scobar " 4 B e fi r %} iy r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,ti"OUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 November 13 , 1986 Mr. Michael Bedwell , City Manager City of Menlo Park Civic Center Menlo Park, CA 94025 Dear Mr. Bedwell : Thank you for your letter of September 3 regarding the proposed renaming of San Mateo County Baylands Reserve to Ravenswood ©pen Spice Preserve. The District' s Board of Directors considered this matter at their meeting of Noveml)e.r 12 and were most appreciative of the fact that Menlo Park thought about the naming and responded. In the end the Board accepted the staff recommendation that "Preserve" be used .rather than "Reserve . " The reason for the recommmendation was that almost all other District sites are called "preserves , " no other is called a "reserve , " and the use status of this site is similar to several other preserves . There- fore , there was no distinction to be made by the naming , and use of "reserve" might, be confusing to some members of the public. Thank you for your thoughtful reply. I have enclosed a number of the latest edition of the District ' s brochure that describes various preserves for distribution to your Council and staff . Please let me know if you would like more. Sincerely yours , p Herbert Grench General Manager IiG:ej Enc . Zc : MROSD Board of Directors #� 71 eo MIDPENINSULA REGIONAL OPEN SPACE DISTRICT . OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 20$ SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 November 18, 1986 Tom Ferrito 9 Simons Way Los Gatos, CA 95030 Dear Tom: On behalf of the District' s Board of Directors and myself, congratulations on your reelection victory! Enclosed is our latest brochure describing District preserves . Sincerely yours , Herbert Grench General Manager HG: jc cc: MROSD Board of Directors J 41 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 18 , 1986 Joanne Benjamin 109 Worcester Loop Los Gatos , CA 95030 Dear Ms . Benjamin: On behalf of the District' s Board of Directors and myself, congratulations on your reelection victory! Enclosed is our latest brochure describing District preserves . Sincerely yours , Herbert trench General Manager HG:.jc cc: MROD ,Board of Directors l I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW CALIFORNIA 94040 (415)949.5500 November 18 , 1986 Robert Hamilton Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 Dear Mr. Hamilton: On behalf of the District' s Board of Directors and myself, congratulations on your recent election victory! Enclosed is our latest brochure describing District preserves . i Sincerely yours , 1 Herbert Grench General manager HG: jc cc: MROSD Hoard of Directors ..... ..._. CLAIMS Isb. 8 6-2 2 Meeting 86-28 MIDPENII. LA REGIONAL OPEN SPACE DISTRICT Date: Nov. 24, 1986, C L A I M S Amount Name Description 9259 13.31 A-Crane Locksmith, Inc. Key Tags 9260 100.96 Adia Services, Inc. Temporary Office Help 9261 13.20 Amerigas Tani: Rental 9262 24.22 AT&T Information Systeois Group Telephone Rental 9263 180.00 Blannirrg & Baker Associates, Inc. Subscription 9264 867.50 Boardworks Graphic Art Studio Preparation of Master Map 9265 2,666. 1r1 Lee Buffington, Tax Collector ector Property Taxes County of San Mateo 9266 439. 15 California, Water Service Company Water Service 9261 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 9268 4.34 Clark' s Auto Parts Parts and Repairs on District Vehicles 9269 2, 100.00 Clevenger Realty Appraisal Corporation Appraisal Services 9270 18.62 Crest Copies Bluelines 9271 143.48 Alice Cummings Reimbursement--Conference Expenses and Private Vehicle Expense 9272 1 , 167.30 Empire Tractor and Equipment Company Equipment Rental 9273 6,678.01 Founders Title Company Title and Escrow Fees--Zand 9274 675,560.00 First American Title Guaranty Company Property Purchase--La Croix 9275 678.00 Foss & Associates Professional Services and Conference Expenses 9276 350.00 Raye Girouard Patrol Services for November 9277 150.34 Goodco Press Printing 9278 304.30 Mary Gundert Reimbursement--Conference Expenses 9275 1 ,716.49 Kenzo Honda Architectural Services 9280 51 .00 Emma Johnson Reimbursement--Subscription 9281 483.00 Gail MacDonald Photographs 9282 1 ,500.00 Metro Real Estate Research Appraisal Services 9283 500.00 Micro Accounting Solutions Computer Consulting Services 9284 532.36 tlinton's Lumber and Supply Field Supplies 9285 100. 82 Noble Ford Tractor, Inc. Equipment Repair 9286 217.30 Northern Hydraulics, Inc. Field Supplies 9287 232.40 Orchard Supply Hardware Field Supplies 9288 6.62 Pacific Gas and Electric Company Utilities 9239 34.96 Peninsula Blueprint, Inc. Bluelines 9290 750.'j0 Peninsula Oil Company Fuel for- District Vehicles 9291 6. 12 Precision e En rav rs 9 Name Tag 9292 52 . 51 Rent-A-Computer Computer Rental CLAIMS No. 86-22 Meeting 86-28 Date: Nov. 24, 198E Amount Name . Description 9293 462.42 Pedro R. Silva, Probation Officer Adult Probation Workers--Las Gatos County of Santa Clara Flume Project 9294 190.00 County of Santa Clara Radio Dispatch Service General Services'Agency 9295 655.50 Santa Clara County, Sheriff' s Patrol Services Department a 9296 1 ,344.36 William P. Murphy, Tax Collector Property Taxes County of Santa Cruz 9297 261 .o8 Scribner Graphic Press Business Cards 9298 4, 125.00 E. R. Sheehan Trail Construction Services 9299 13. 17 Skyline County Water District Water Service 9300 75.00. Tek-Link Corporation Computer Programming Consultation 9301 550.00 Ticor Title Insurance Title Policy--Cunningham 9302 700,000.00 Ticor Title Insurance Property Purchase--Panighetti 9303 42.96 Unocal Fuel for District Vehicles 9304 200.00 Valley Title Company Preliminary Title Report 9305 1 ,538.36 Wendel , Lawlor, Rosen & Black Legal Services 9306 129.71 Western Fire Equipment Company Equipment Supplies 9307 48. 15 The Workingman's Emporium Uniform Expense 9308 452.53 Xerox Corporation Maintenance Agreement 9309 1115. 79 Yardbird Equipment Sales Equipment Parts and Repairs 9310 355.24 Contemporary Engraving Company, Inc. Nameplates CLAIMS No. 86-22 Meeting 86-28 Date: Nov. 24, 198i REVISED Amount Name Description 9293 462.42 Pedro R. Silva, Probation Officer Adult Probation Workers--Los Gatos County* of Santa Clara Flume Project 9294 190.00 County of Santa Clara Radio Dispatch Service General Ser'vi.ces'Agenc.y 9295 655.50 Santa Clara County, Sheriff's Patrol Services Department 9296 1 ,344.36 -William P. Murphy, Tax Collector Property Taxes County of Santa Cruz 9297 261 .08 Scribner Graphic Press Business Cards 9298 4,125.00 E. R. Sheehan Trail Construction Services 9299 13. 17 Skyline County Water District Water Service 9300 75.00. Tek-Link Corporation Computer Programming Consultation 9301 550.00 Ticor Title Insurance Title Policy--Cunningham 9302 700,000.00 T;icor: Title Insurance Property Purchase--Panighetti 9303 42.96 Unocal Fuel for District Vehicles 9304 200.00 Valley Title Company Preliminary Title Report 9305 1 ,538.86 Wendel , Lawlor, Rosen & Black Legal Services 9306 129.7T Western Fire Equipment Company Equipment Supplies 9307 48. 15 The Workingman's Emporium Uniform Expense 9308 452.53 Xerox Corporation Maintenance Agreement 9309 145.79 Yardbird Equipment Sales Equipment Parts and Repairs 9310 355.24 Contemporary Engraving Company, Inc. Nameplates 9311 195. 11 Petty Cash Drafting and Office Supplies, Meal Conferences, Postage and Private Vehicle Expense CLAIMS No.86-22 Meeting 86-28 MIDPENIN,,jLA REGIONAL OPEN SPACE DISTRICT Date: Nov. 24, 1986 REVISED C L A I M S Amount Name Description 9259 13.31 A-Crane Locksmith, Inc. Key Tags 9260 100.96 Adia Services, Inc. Temporary Office Help` 9261 13.20 Amerigas Tank Rental 9262 24.22 AT&T Information Systems Group Telephone Rental 9263 180.00 Blannirrg & Baker Associates, Inc. Subscription 9264 87767-50 Boardworks Graphic Art Studio Preparation of Master -Map 9265 2,6615:47 Lee Buffington, Tax Collector Property Taxes County of San Mateo 9266 439. 15 California Water Service Company Water Service 9267 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 0. 4 9268 4 34 Clark's Auto Parts Parts and Repairs on District Vehicles 9269 2, 100.00 Clevenger Realty Appraisal Corporation Appraisal Services 9270 18.62 Crest Copies Bluelines 9271 143.118 Alice Cummings Reimbursement--Conference Expenses and Private Vehicle Expense 9272 1 , 167.30 Empire Tractor and Equipment Company Equipment Rental .9273 6,678.01 Founders Title Company Title and Escrow Fees--land 9274 675,560.00 First American Title Guaranty Company Property_Purchase--La Croix p '9275 678.00 Foss & Associates Professional Services and Conference Expenses .9276 350.00 Raye Girouard Patrol Services for November 9277 150.34 Goodco Press Printing 9278 304.30 Mary Gundert Reimbursement--Conference Expenses 9279 1 ,716.49 Kenzo Handa Architectural Services 9280 51 .00 Emma Johnson Reimbursement--Subscription 9281 483.00 Gail MacDonald Photographs 9282 1 ,500.00 Metro Real Estate Research Appraisal Services 9283 500.00 Micro Accountinq Solutions Computer Consulting Services 9284 532.36 Minton's Lumber and Supply Field Supplies 9285 100.82 Noble Ford Tractor, Inc. Equipment Repair 9286 217.30 Northern Hydraulics, Inc. Field Supplies 9287 232.40 Orchard Supply Hardware Field Supplies 92$8 6.62 Pacific Gas and Electric Company Utilities . 9289 34.96 Peninsula Blueprint, Inc. Bluelines { 9290 750.40 Peninsula Oil Company Fuel for District Vehicles 9291 6. 12 Precision Engravers Name Tag 9292 527.51 Rent-A-Computer Computer Rental CLAIMS No. 86-22 Meeting 86-28 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Nov. 24, 1986 REVISED - C L A I M S Amount Name Description 9259 13.31 A-Crane Locksmith, Inc. Key Tags j 9260 iO0.96 Adia Services, Inc. Temporary Office Help` 9261 13.20 Amerigas Tank Rental 9262 24.22 AT&T Information Systems Group Telephone Rental 9263 180.00 Blannin & Baker Associates, Inc. Subscription 9264 2 87675.550 Boardworks Graphic Art Studio Preparation of Master `Map 9265 2;.t613:h.? Lee Buffington, Tax Collector Property Taxes ` County of San Mateo k 9266 . 439. 15 California Water Service Company Water Service 9267 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 40.34 g268 4:3§ Clark's Auto Parts Parts and Repairs on District Vehicles 9269 2, 100.00 Clevenger Realty Appraisal Corporation Appraisal Services 9270 18.62 Crest Copies Bluelines 9271 143.118 Alice Cummings Reimbursement--Conference Expenses k and Private Vehicle Expense 9272 1 , 167.30 Empire Tractor and Equipment Company Equipment Rental 9273 6,678.01 Founders Title Company Title and Escrow Fees--Zand 9274 675,560.00 First American Title Guaranty Company Property .Purchase--La Croix 9275 678.00 Foss & Associates Professional Services and Conference Expenses 9276 350.00 Raye Girouard Patrol Services for November 9277 150.34 Goodco Press Printing 9278 304.30 Mary Gundert Reimbursement--Conference Expenses 9279 1 ,716.49 Kenzo Handa Architectural Services 9280 51 .00 Emma Johnson Reimbursement--Subscription 9281 483.00 Gail MacDonald Photographs . 9282 1 ,500.00 Metro Real Estate Research Appraisal Services 9283 500.00 Micro Accountinq Solutions Computer Consulting Services 9284 532.36 Minton's Lumber and Supply Field Supplies 9285 , 100.82 Noble Ford Tractor, Inc. Equipment Repair 9286 217.30 Northern Hydraulics, Inc. Field Supplies 9287 232.40 Orchard Supply Hardware Field Supplies 9288 6.62 Pacific Gas and Electric Company Utilities 9289 34.96 Peninsula Blueprint, Inc. Bluelines 9290 750.40 Peninsula Oil Company Fuel for District Vehicles 9291 6. 12 Precision Engravers Name Tag 9292 527.51 Rent-A-Computer Computer Rental CLAIMS NO.J 86-22 Meeting 86-28 Date: Nov. 24, 198, REVISED Amount Name Description 9293 462.42 Pedro R. Silva, Probation Officer Adult Probation Workers--Los Gatos County of Santa Clara Flume Project 9294 190.00 County of Santa Clara Radio Dispatch Service General Services'Agency 9295 655.50 Santa Clara County, Sheriff's Patrol Services Department 9296 1 ,344.36 William P. Murphy, Tax Collector Property Taxes County of Santa Cruz 9297 261 .08 Scribner Graphic Press Business Cards 9298 4,125.00 E. R. Sheehan Trail Construction Services 9299 13. 17 Skyline County Water District Water Service 9300 75.00. Tek-Link Corporation Computer Programming Consultation 9301 550.00 Ticor Title Insurance Title Policy--Cunningham 9302 700,000.00 Ticor. Title Insurance Property Purchase--Panighetti 9303 42.96 Unocal Fuel for District Vehicles 9304 200.00 Valley Title Company Preliminary Title Report 9305 1 ,538.86 Wendel , Lawlor, Rosen & Black Legal Services 9306 129.71 Western Fire Equipment Company Equipment Supplies G 9307 48. 15 The Workingman's Emporium Uniform. Expense 9308 452.53 Xerox Corporation Maintenance Agreement 9309 145.79 Yardbird Equipment Sales Equipment Parts and Repairs 9310 355.24 Contemporary Engraving Company, Inc. Nameplates 9311 195. 11 Petty Cash Drafting and Office Supplies, Meal Conferences, Postage and Private Vehicle, Expense a