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HomeMy Public PortalAbout19861210 - Agendas Packet - Board of Directors (BOD) - 86-29 _Meeting,.7816­29' AA. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 7 : 30 P.M. REGULAR MEETING 201 San Antonio Circle Wednesday BOARD OF DIRECTORS Building C-135 December 10, 1986 Mountain View, CA A G E N D A (7 : 30) *ROLL CALL WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7 : 45) 1. Final Adoption of the Interim Use and Management Plan for the Zand and Kamangar Property Additions to the Thornewood Open Space Preserve -- D. Hansen (7 :50) 2. Consideration of Scope of Services for Master Plan Update D. Hansen (8:15) 3. Proposed North Property Addition to the Sierra Azul Open Space Pre- serve -- C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of North) (8 :35) 4. Proposed Milner Property Addition to the Sierra Azul Open Space Pre- serve - Mt. Umunhum Area -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Docu- ments Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Milner et al. ) 8 :45) 5. Declaration of Election Results -- J. Fiddes (8 :50) 6. Rescheduling of December 24 Regular Meeting to December 22 J. Fiddes (8 :55) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *Times are estimated. Agenda is subject to change of order. (over) Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin TO ADDRESS THE BOARD: when an .item you'Ae conceAned with appew s on the agenda, the Chait w.%U invite you to addtesa the BoaAd at that time; on othe.A matteAz, you may address the Boatcd undeA OAai Communications. An af-te.Anative da to comment to the Boatcd by a Wk tten Communication which the BoaAd appAec catez. Each .6 peakeA wi-U otdinan i,2.y be t mi ted to 3 minute . When Aecagnczed, p2ease begin by 5taficng yout name and addte6,6. We Ae uezt that you jitt out the 6oAm provided and pt"ent it to the Reco,%ding Sectetatcy Aso that youtr, name and a.ddtezz can be accuAatety inctuded to the minutes. NOTICE OF PUBLIC MEETING The Budget Committee will meet at Noon, Monday, December 8 , 1986 at the District offices . The public is invited to attend. RUSSIAN RIDGE OPEN SPACE PRESERVE The Use and Management Plan review for Russian Ridge Open Space Preserve is tentatively scheduled for the January 14 Board meeting. Please send your written comments, ideas, and concerns to David Hansen, Land Manager by December 31 so that they can be considered in drafting the staff report. R-86-118 (Meeting 86-29 WL December 10 , 1986) =is KC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 1, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Interim Use and Management Plan for the Zand and Kamangar Property Additions to the Thornewood Open Space Preserve. Recommendation: I recommend that you adopt the Interim Use and Manage- ment Plan for the Zand and Kamangar property additions to the Thornewood Open Space Preserve, including the naming, as contained in report R-86-93. I further recommend that you indicate your intention to with- hold the property from dedication as public open space at this time. Discussion: At your October 22 , 1986 meeting you approved the acquisi- tion of the 12 . 5 acre Zand property addition to the Thornewood Open Space Preserve. You also approved the acquisition of the 60 acre Kamangar property which was then exchanged for the Zand property. An open space easement over ten acres of the former Kamangar property was retained in the exchange (see attached report R-86-93 of October 2 , 1986) . You also tentatively adopted the Interim Use and Management Plan for the additions , including naming the properties as an addition to the Thornewood Open Space Preserve, and indicated your intention to withhold the land from dedication as public open space. In accordance with your adopted Land Acquisition Notification Procedures , final adoption of the Interim Use and Management Plan was deferred until after close of escrow to allow further for public comment. Escrow on the Zand and Kamangar properties closed on November 7 , 1986. Staff has received no public comment since that time. 94 R-86-93 (Meeting 86-26 � a October 22, 1986 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 2 , 1986 TO: Board of Directors FROM: H. Grench, General Manager r, RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Zand and Kamangar Additions to Thornewood Open Space Preserve Recommendation: I recommend that you adopt the following resolutions : 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Exchange Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Thornewood Open Space Preserve - Lands of Zand) . 2. 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 Appropriate to Closing of the Transaction (Thornewood Open Space Preserve - Lands of Kamangar) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the properties as additions to the Thornewood Open Space Preserve, and indicate your intention to withhold the property interests from• dedication as _open space at this time. Introduction: The Midpeninsula Regional Open Space District currently has the opportunity to purchase 12 . 5 acres of land and three water reserves (Parcel One) located between La Honda Road (Highway 84) and the Thornewood Open Space Preserve. Contingent upon the acquisition of Parcel One is a second acquisition of 60 acres (Parcel Two) located adjacent to Highway 84 and Wunderlich Parka Approximately 10 acres of Parcel Two would be retained in the form of an open space easement, while the underlying fee and the remainder of Parcel Two would be exchanged for Parcel One (see attached map) . A. Description of the Site The following site description focuses on the property interests to be retained by the District, namely, all of Parcel One (including the three water reserves) and the open space easement over a portion of Parcel Two. k R-86-118 (Meeting 86-29 December 10, 1986) OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT i December 1, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONS ILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associa Open Space Planner SUBJECT: F'nal Adoption of the Inter' Use and Management Plan for th Zand and Kamangar Pro rty Additions to the Thornewood Ope Space Preserve. Recommendation: recommend hat you adopt the Interim Use and Manage- ment Plan for the Z nd and mangar property additions to the Thornewood Open Space Preserve, .nclu ng the naming, as contained in report R-86-93. I further r omn nd that you indicate your intention to with- hold the property from ication as public open space at this time. Discussion: At your Oc o r 22 , 1986 meeting you approved the acquisi- tion of the 12 . 5 acre and roperty addition to the Thornewood Open Space Preserve. You Iso ap oved the acquisition of the 60 acre Kamangar property wh' ch was th exchanged for the Zand property. An open space easement over ten ac es of the former Kamangar property was retained in the e hange (see at ched report R-86-93 of October 2 , 1986) . You also entatively ado p d the Interim Use and Management Plan for the addition , including naming the properties as an addition to the Thornewood Open Space Preserve, and dicated your intention to withhold the land from dedication as public op space. In accordance with your adopted Land Acq ' sition Notification Procedures , final adoption of the Interim Use and Man ement Plan was deferred-until after close of escrow to allow further for ublic comment. Escrow on the Zand and Kamangar properties closed on N vember 7 , 1986 . Staff has received no public comment since that time. R-86-93 Page two 1. Size, Location and .Boundaries a. Parcel One Parcel One is 12.5 acres in size and is located within the Town of Woodside,. The property lies between La Honda Road at the western corner and Espinosa Road at the eastern corner. The Thornewood Open Space Preserve bounds the parcel to the east, and private holdings border the property on the remain- ing sides . Two of the water reserves , consisting of two seasonal creeks, are located along the northeastern and ,southern boundaries of the subject property. The northeastern water reserve is sandwiched between the subject property and the Thornewood Open Space Preserve; the southern water reserve also borders the subject property extending up to La Honda Road. A third water reserve forks from the southern water reserve continuing up to Grandview Drive. The water reserves vary in width from approximately 25 feet to 60 feet. These "water reserves" are fee-owned strips following the courses of creeks and drainage swales which were retained by the original developer as possible water sources. All of these water reserves along with the remaining lots held by the original developer were acquired by August Schilling and eventually resold to the current owners, including Zand. b. Parcel Two Parcel Two, 60 acres in size, is within the Town of Woodside and approximately 200 feet north of the Thornewood Open Space Preserve. The portion of Parcel Two to be subject to an open space easement (10 acres) is bounded on three sides by La Honda Road; to the northwest, southwest, and southeast. The north- eastern border of the easement area is bounded by private property and the remainder of Parcel Two. Wunderlich County Park is located adjacent to the easement area along the north- western boundary. 2. Topography, Geology and Natural Landscape Parcel One Parcel One is located on east-facing slopes above Schilling Lake. Elevations range from 900 feet at the southeastern corner to " 1240 feet next to La Honda Road at the northwestern border of the property. The property is primarily covered in redwood forest with the exception of a cleared swath of land extending north- westerly uphill from the southeastern corner. Two level pads are located within this cleared area and vinca, an ornamental groundcover, has taken over the sunny hillside. The Pilarcitos Fault cuts through Parcel One in a northeasterly to southwesterly direction. The Pilarcitos Fault roughly parallels the San Andreas Fault, which is located approximately one mile east of the property. The soil on the property arises from a Lambert Shale parent material and is given a moderate susceptibility to landsliding according to the 1978 map "Landslide Susceptibility in San Mateo County" by Brabb, Pampeyan, and Bonilla. R-86-93 Page three Parcel Two Parcel Two is comprised of northeasterly facing, moderately steep slopes. , The portion of Parcel Two to be sujbect to the open space easement consists of the steep side slopes of Alambique Creek. The creek canyon is 'vegetated with a relatively pure stand of redwood trees, with the redwoods giving way to an oak-madrone forest as the shady canyon opens .up in the northern part of the easement area. Parcel Two soils arise from butano sandstone parent material and have a moderate landslide susceptibility according to the "Land- slide Susceptibility in San Mateo County" map. The property lies between the San Andreas Fault and the Pilarcitos Fault with each fault being located' approximately one-half-mile away. 3. Cultural History The area surrounding Dennis Martin Creek was logged in the late 1800' s. Martin had one sawmill next to Schilling Lake and another near the bottom of Dennis Martin Creek. Old La Honda Road was in place by 1868 , a part of 12 ,545 acre Rancho Canada de Raymundo. In the early 1900 ' s Parcel One was a part of the large Schilling estate (of Schilling Spice Company) . The Schilling house was, located on Old La Honda Road, and the outlying hills were covered with carriage roads, gazebos , and elaborate handbuilt ponds and waterfall systems. The foundation to one of the gazebos and the remains of one of the carriage roads are located on the subject property. B. Planning Considerations Both parcels are located within the Town of Woodside in San Mateo County. Parcel One is considered a part of the "Woodside Country Club - Portola Hills Area" in the Woodside General Plan. This area is characterized by problems of access, poor water supply, and slope instability. Most of the area was subdivided prior to 1920 , and the road and lot patterns present many problems. Most of the subdivision roads in this area are considered private. Parcel One is zoned Open Space (OS) by the Town of Woodside, requiring a minimum of ten acres per building site. Acquisition of this property for open space purposes is consistent with the Town' s General Plan. The parcel received a moderate rating on the District' s Master Plan, a composite rating indicating the suitability of land as open space. C. Current Use and Development Both parcels are undeveloped. Parcel One, as mentioned previously, does have a round, concrete gazebo foundation on one of the two large flattened areas. A road, asphalt-covered in places , forks from the end of Espinosa Road and winds up the hill to the gazebo foundation. The road continues uphill to terminate at the second flattened area. R-86-93 Page four The northern water reserve is developed with springboxes and water pipes which serve the life interest and leasehold area within the I Thornewood Open Space Preserve. Several foot trails are located within the water reserve area. D. Potential Use and Development The Woodside Trails Plan (1975) shows proposed hiking/equestrian trails on both of the water reserves 'of Parcel One. Both of these. proposed trail alignments affect adjacent private property but show connections between the existing Thornewood Open Space Preserve and Old La Honda Road and cross La Honda Road to continue to Skyline Boulevard. The easement area on Parcel Two will be kept in its natural state to help protect the inte grity rity of Alam bique Creek. E. Interim Use and Management Recommendations t 1. Boundary plaques will be installed where appropriate. F. Dedication Parcel One and the open space easement on Parcel Two should be with- held from dedication at this time as public open space land, to allow for the potential sale or trade of land or trail rights in the entire Schilling Lake area. The dedication status of the Thornewood Open Space Preserve will be reviewed in connection with the regular Use and Management Plan Review. G. Naming Both Parcel One and the easement area of Parcel Two should be named as additions to the Thornewood Open Space Preserve. H. Terms When the District acquired a previous parcel owned by Zand as an addition to the Thornewood Open Space Preserve (see report R-86-52 of July 2 , 1986) , the District entered into a side agreement to hold the funds due to Zand from that escrow (approximately $120,000) for the purpose of a future land exchange transaction. If it were possible for the District to secure the exchange property (Kamangar) within 180 days (the allotted time period for a delayed exchange transaction under the IRS rules) , this money (plus interest at the rate of 5% per annum) would be applied toward the difference in the purchase price between the current Zand property (Parcel One) valued at $280 ,000 and the Kamangar property (Parcel Two) valued in excess of $700,000. However, it was also contemplated that the entire transaction would only work if the District could acquire the Kamangar property at a bargain price of $400 ,000 or less , and the difference in value would be made up by Zand including the water reserves and agreeing to the District' s retention of an open space easement over the Alambique Creek area of Parcel Two. An additional component would be for Zand to quitclaim to the District his additional rights in property located below Schilling Lake along Dennis Martin Road. i R-86-93 Page five The two agreements before you accomplish this exchange . The District's monetary obligations total $280 ,000 (the value of Parcel One) plus accrued interest at the rate of 5% on the approximately $120,000 held on behalf of Zand by the District since mid-August. The District would also equally share -all title and escrow fees for the entire transaction with Zand. For this payment, the Distrrct would receive: 1) fee title to Parcel ' One (including the water reserves) , 2) an open space easement over the Alambique Creek area of the Kamangar property, and 3) a quit- claim of all of Zands' additional' rights in property located between +' Schilling Lake and Old La Honda Road. i The funds for this acquisition would come from the District 1986 Promissory Note Issue and be charged against the New Land Purchases budget category. , i i I i Portion ofl Parcel Two to be exchanged unencumbered, Wunderlich County Park to owner of Parcel One �� s 38 + acres) _ - ;iii iii/✓i /iiii/i////// ��- •- 1 1 / //////// ii/iii/i/- ._ � Portion of Parcel Two to be exchanged but encumberedzz iiiiiiiiii/�iiri/iiiii with an open space easement=1 . (10+ acres) pfFIT .,. -. r � al fRtAFiS � � ` I t ' I sr�r Ftxx T Water. Reserve * Thornewood Open Space Preserve a . .,1 I Parcel One 12.5 acres`, `�,.:►•^ �.p i►4Yl J Water .Reserve! +�+ ..:` ._,,,,.........,:., � ..z••V•�' sy, .'tee-"� - k• `.. 77 Schilling Lake ,•'may' . , /�I b. c Water Reserve jy ti THORNEWOOD OPEN SPACE PRESERVE T Scale 1" _ 600 feet North P, R-86-122 (Meeting 86-29 December 10 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 4 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; C. Bruins , Administrative Assistant SUBJECT: Consideration of Scope of Services for Master Plan Update Recommendation: I recommend that you approve the attached Scope of Ser- vices to update the District 's Master Plan. Introduction: On June 18 , 1986 you approved a detailed schedule for imple- menting the revision of the District Master Plan (see report R-86-47 of June 13 , 1986) . This schedule included the timing for hiring a consultant, and in commencing the definition of the "developed communities" which are referred to in your Policies Regarding Use of Eminent Domain. Staff has completed a Scope of Services document. This report is presented to you for approval of the Scope of Services and will be followed by an agenda item to hire a planner. Discussion: The timetable you adopted in June of this year showed the solicitation and hiring of a planning consultant and the actual work to commence on October lst of this year. Due in part to other priorities and lengthy discussion on determining the process for defining "developed communities" , staff is approximately two and one-half months behind sched- ule on this project. As now planned, Task I would be to hire a consultant to do a technical update of the Master Plan document to include new public park and open space lands and to extend the resource analysis to lands that are outside District boundaries but within the District 's Sphere of Influence. What will result will be a revised draft document with essentially the same format as the present Master Plan. This draft will be subject to Board review in public session before adoption and publication. In parallel with that technical work, District staff, possibly with a consultant 's help, would initiate Task II in the first quarter of 1987 . Task II would be a study to develop criteria (or an alternate approach) which can be used to define "developed communities" . These criteria will also be subject to public comment and discussion by the Board, undoubtedly greater discussion than for Task I , which is much more straightforward. Exhibit "A" SCOPE OF SERVICES MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MASTER PLAN REVISION The Midpeninsula Regional Open Space District (MROSD) is soliciting a planning consultant to complete a revision of its Master Plan map. The Master Plan denotes the suitability and desirability of land as open space within the District 's Sphere of Influence. General Scope The planning consultant will undertake and complete the following work for the Midpeninsula Regional Open Space District: 1. Extend the MROSD Master Plan composite evaluation map of April, 1978 completed by William Spangle & Associates , District staff, and the Santa Clara County Planning Department. The extension will include lands outside the District boundary but within the District 's Sphere of Influence in San Mateo, Santa Clara, and Santa Cruz Counties. 2. Revise and update the 1978 Master Plan composite evaluation map to include all lands acquired by the District and other area park agencies since 1978. 3. Cause to be printed 3,000 copies of the updated Master Plan map. The map shall be similar in format to, and equal to the quality of, the April, 1978 document. Basis for Undertaking Work The Midpeninsula Regional Open Space District published a Master Plan which was prepared by the District Board and staff members, William Spangle & Associates, and the Santa Clara County Planning Department. In this Master Plan, policy statements concerning open space preserva- tion were developed, and a basis for evaluating open space lands within the District was established. The following statements outline the basis for the work: 1. The District Board does not anticipate making a major or comprehensive revision of the Master Plan policy statements , nor does it request the Consultant to undertake a comprehensive review and revision program. There will be no major changes in policy that require revision of the scoring system or computer program used for the 1978 plan. Estimates of cost and time required to complete the project should be prepared on this basis. It is understood that technology has improved since the computer program for rating the lands was formulated. Therefore, the program may be substituted or deleted to improve efficiency in delineating the new areas to be shown on the map. Minor 'wording changes to update the text will be transmitted by District to Consultant. 2 . The same system used for evaluating open space lands in the 1978 Master Plan will be utilized for evaluating the additional lands 2 within the Sphere of Influence. 3. The Consultant will assemble, analyze, and record data concerning the following open space uses : a. Wildlife protection b. Vegetation protection C. Agricultural production d. Intensive recreation e. Low intensity recreation f. Wilderness experience g. Scenic backdrop h. View from scenic highways i. Guiding urban form General procedures for collecting and analyzing data on these topics will be the same as those in the 1978 plan. Any compatible alterna- tive methods which will assist in expediting the new Open Space Lands Composite Evaluation may be used. 4. The graphic materials used in the preparation of the 1978 Master Plan will be made available to the Consultant for the preparation of the "extended Master Plan" . The Consultant will correct, extend, or modify these graphic materials. However, before making any changes, the Consultant will advise the Land Manager of the District. There may be cases in which the graphic materials used in the preparation of the Master Plan of April, 1978 are, in the judgment of the Land Manager of the District, to be preserved in their present form. If so, the Consultant will be authorized to obtain or prepare duplicate or equivalent graphic materials , and the costs shall be reimbursed as "added charges" . 5. All materials produced in the process of fulfilling this contract extension shall become the property of the District and will be shown in the provisions of the contract to be drawn up once a Consultant has been selected. District staff will provide seven and one-half minutes scale USGS maps outlining all major public lands added to the District and other park agencies since 1978 and will review and ap- prove all graphic work for accuracy and style before the plan is printed. 6. Consultant will be responsible for soliciting firms for the graphic revisions and printing of the Master Plan Evaluation Map. The soliciting of these firms shall be carried out through a public bid process and under the guidance and review of the District 's Land Manager. Costs for the graphic work are considered a part of the contract fees with the Planning Consultant. Actual costs of printing will be borne by the District. 7 . The timing for completing this work should be approximately six to eight months. This includes the time for printing. it is antici- pated that work will commence immediately upon approval of a con- tract with the consulting planning firm by the District 's Board of Directors. AA. R-86-121 %1L (Meeting 86-29 'V December 10, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 4 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; D. Woods , Open Space Planner; A. Cummings, Environmental Analyst SUBJECT: Proposed North Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Pre- serve - Lands of North) . I further recommend that you tentatively adopt the Interim Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and indicate your intention to withhold the property from dedication at this time. Introduction: Five contiguous parcels of land in one ownership totalling about 182 acres and located west of Hicks Road have been offered for sale to the Midpeninsula Regional Open Space District (see attached map) . The property offers apotentially ideal site for a trailhead staging area serving the east side of Sierra Azul Open Space Preserve. It adjoins both the Mt. Umunhum Area of Sierra Azul Open Space Preserve and Almaden Quicksilver County Park, and has access from Reynolds Road, a paved County road. If acquired, the property would become an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. A. Description of Site 1. Size, Location and Boundaries The property consists of five parcels of land totalling 181.9 acres. Located in unincorporated Santa Clara County at the end of Reynolds Road off of Hicks Road, it is outside but immediately adjacent to District boundaries and is within the District's Sphere of Influence. , It is also within the Sphere of Influence of the City of San Jose. R-86-121 Page two Reynolds Road is a paved County road branching south from Hicks Road approximately one mile northeast of Guadalupe Reservoir. The property has approximately 1000 feet of frontage along Hicks Road and additional access at the end of Reynolds Road. The northern boundary of the property is located on the north side of Hicks Road, adjacent to Guadalupe Creek and Almaden Quicksilver County Park. The remainder of the property is surrounded by private land holdings with the exception of the southwest corner, which touches a corner of District lands [a previous North property approved for purchase by the District at the meeting of April 16, 1986 (report R-86-24 , dated April 11, 1986) ] . 2. Topography, Geology and Natural Landscape The property is located on the north facing slopes of the Sierra Azul, overlooking Guadalupe Creek. The land generally follows a ridge above Hicks Road, rising steeply to a grassy plateau in the center of the property where a ranch house, barn, and old orchard are located. The ridge continues up through the balance of the property, affording spectacular views of surrounding land and Santa Clara Valley to the north. Elevations range from 800 feet at Guadalupe Creek to 2,160 feet along the southern boundary. The property contains a diversity of plant communities because of the varied terrain. The central plateau is open and grassy, with large oaks sheltering the ranch area. An old walnut orchard east of the ranch house has been invaded by brush and is no longer pro- ductive. The property' s north and east facing slopes tend to be densely wooded with a broadleaf evergreen forest of oak, bay, and madrone, while the exposed sides of the ridge support a chapparral community. Several small level areas occur higher on the property; some have open' meadow, others are forested. The uppermost parcel contains a spring which provides water to the house. B. Planning Considerations The property is located within unincorporated Santa Clara County and is zoned Hillside (HS') . It is within the Sphere of Influence of San Jose, but is too distant from the Urban Service Area to be considered for annexation to the City. According to a recent appraisal of the property, the five subject par- cels are potential single homesites within the County of Santa Clara. Access is from Hicks and Reynolds Roads , both County maintained roadways . The property is located adjacent to but outside the District boundary, and therefore was not rated in the District' s Master Plan for suitability as open space. The County' s Trails and Pathways Plan, as revised in May 1982 , indicates a proposed trail through this property extending from Mt. El Sombroso to Hicks Road. C. Current Use and Management Access to the property is from Reynolds Road, a paved County road. Although the paved portion ends at the eastern boundary of the property, a dirt road continues on through the site and up towards Mt. El Sombroso. i R-86-121 Page three The roadway forks, providing access to neighboring ownerships, and is regularly used to obtain access to homes beyond the property boundaries. Before entering the highest part of the property, the road crosses another property for a length of 200± feet, where no recorded access rights exist. Development is concentrated on the central plateau where the ranch house, barn, fenced pasture, and walnut orchard are located. This area has recently been disced for fire protection. According to the appraisal, the 19460 Reynolds Road home is an old 1,600 square foot wood frame single family residence located on a mud- sill foundation. There are signs of settlement and decay in the wood foundation members, evidenced by the bowing walls and the uneven roof line. The rooms include 4 bedrooms, a bath, living room, dining room, and kitchen. The overall condition of the home is considered to be fair to poor and typical of older mountain homes . The covered porch off the living room is slanted because of settlement. The house has been used as a care- taker's quarters, including approximately 7 acres of surrounding land and corrals. It is currently rented for $400 per month, and included in the rent is the responsibility of watching over the property. A pro- pane tank is located outside the house, and a new septic tank and 6,000 gallon redwood water tank for domestic water supply have been recently installed. The house is provided with electricity and phone service, and water is piped from a spring higher on the property. D. Potential Use and Development The property would potentially make an outstanding trailhead staging area for the Sierra Azul Open Space Preserve because of its location part-way up the east side of the range, its gentle terrain and its accessibility from a paved County road. It would provide access to potential trails to Mt. E1 Sombroso and to Rincon Creek. Existing roads on the property would make fine hiking and equestrian trails, with the grassy open ridges offering excellent viewpoints . If and when acquisi- tion around the summit of Mt. El Combroso is complete, the main road through the property will connect with the road system linking Almaden Quicksilver County Park with the Kennedy Road, Limekiln Canyon and Mt. Umunhum areas of the Sierra Azul Open Space Preserve, as well as with Lexington Reservoir Recreation Area. Thus , the property could become a major trailhead for longer trips throughout the Sierra Azul , as envisioned in the County Trails and Pathways Plan. The ranch house has potential as a Ranger residence, but would need major repairs to make it suitable. In addition, the possibility for using the buildings as a small farm complex similar to Deer Hollow Farm exists, although the area is not as close to the urban population centers, making public access less convenient. At present, the house should continue to be rented to a lessee-caretaker. R-86-121 Page four E. Interim Use and Management 1. Staff should inquire with other easement holders farther up Reynolds Road about the possibility of installing a District gate. If feas- ible, a District gate will be installed at the end of the paved portion of Reynolds Road, the main access to the property. Cost is estimated at $600 with money included in the site preparation budget for fiscal year 1986-1987 . 2. Property boundaries will be signed as appropriate. Cost is estimated at $50, with funding included in the fiscal year 1986-1987 budget. 3. The ranch house and surrounding 7 acres will continue to be rented to a tenant-caretaker at the present time. Included in the rental agreement will be the responsibility of watching over the property. F. Naming I recommend that this property become an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. G. Dedication I recommend that you indicate your intent to withhold this property from dedication as public open space, since there is not yet a functional use unit in this area. H. Terms The attached Agreement to Purchase Real Property stipulates. the terms of acquisition for this 182 acre property and requires the payment of $576, 000 in cash at close of escrow. This amount is in accordance with an appraisal completed by an outside consultant as retained by the Dis- trict and the seller cooperatively. The average price is $3200 per acre if the value of the improvement is ignored. As mentioned earlier in this report, the property would support 5 residential sites based upon pre-existing lots for an average of $115 ,000 per average 36 acre site. Again, this would ignore the value of the residential improvements and extensive domestic water system. As contrasted with most properties the District has purchased in this area, this land fronts on a public road and is readily developable. The funds for this purchase would come from the 1986 Promissory Note Issue and be charged against the New Land Purchases budget category. RESOLUTION NO. 86-69 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 (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF NORTH) 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 John R. North, et ux and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part here- of, 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 $576,000 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. * * * * * * * * * * * * * * * * * * * * * * * " � v �"`"�' ` , �' `�X \� SIERRA AZUL OPEN SPACE PRESERVE M�ltl �, .r_ � KENNEDY ROAD AREAS 6 — —t SCALE 1" = 2000t NORTH ON - i +a o REYNOLDS ROAD END OF PUBLIC ROAD BUILDING �` AREA — � PROPOSED i ACQUISITION �--� i3 1 20 -=�/� .\� __"max ._ � �/ /"1 � ()� Sr, "+` f}; n,t}•�. `��.�-.�-•� � ��✓"�,�fj� 't"' 260 -���6007 �, � .�.��'.,v'd. .. ,. �� �"�.:��r-.-•,`^„". Fj....�,�r,� �.. -. rG��+- a. -,�''.,rw--`."s'.{{�^,r`.`�.�"�' - MT. UMUNHUM 400-- �.-_...._._._._._.._\�I .�_ �.�•9�'•ti,k''�yar4..�+�F��� ?� �'"'c�'��# �i 3�' �� � '" "x°'. �:r'3{'r i ,f ,, }.' �3�V`� `fir �,�i.``���r�7J}��'t���"`?���Z3'tS•' i.: � 1 ` ~ �,fit � � .��`��• 4 7 tic Ii 4 I AGREEMENT TO PURCHASE REAL PROPERTY This Agreement is made and entered into effective as of the day of , 1986 by and between JOHN R. NORTH and MARTHA NORTH (hereinafter "Seller") , and MIDPENINSULA REGIONAL OPEN SPACE DISTRLCT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code (hereinafter "District") . RECITALS WHEREAS, Seller is the owner of certain real property ("the Property") containing approximately 180 acres and located in the County of Santa Clara, State of California; being more particularly described in the property description attached to the Preliminary Title Report Number 196527-A, dated August 14, 1986 from Valley Title Company, said Report beingattached hereto E '"as Exhibit A and incorp orated herein this P by reference; and WHEREAS, District was organized as a public district to acquire real and property ro_ p p y for public park, recreation, conservation and open space purposes in the San Francisco Midpeninsula area; and WHEREAS, the Property has natural P en beauty, P o space and recreational value currently of interest t Di strict;istrict- and WHEREAS, Seller desires to sell and District desires to purchase the Property for the consideration and on the terms and conditions here- inafter set forth, AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: Agreement to Purchase Real Property - North Page 2 1. Purchase and Sale. Seller does hereby agree to sell to District and District hereby agrees to purchase from Seller the Property upon the terms and conditions hereinafter set forth. i 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Five Hundred Seventy-Six Thousand and No/100 Dollars ($576, 000.00) , which shall be paid in cash at the "Closing" , as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 10 herein, an escrow shall be opened at Valley i Title Company, 300 South First Street, San Jose, CA 95113 , (408) 292-7150, or other title company acceptable to District (hereinafter "Escrow Holder" ) through which the purchase and sale of the Property d shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and 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: (a) The time provided for in the escrow for the close thereof shall be on or before December 31, 1986; 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. f Agreement to Purchase Real Property - North Page 3 (b) -Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall retain possession of the Property conveyed up to and including the date of Closing. All rent and deposits col- lected by Seller and applicable to any period thereafter shall be paid to District in escrow. Either art hereto party collecting lectin rents to which the other party is entitled shall forthwith pay a such amount to the other as is necessary to comply with the provisions of this Agreement. Seller shall have an additional thirty (30) days after the Closing to remove any and all personal property of Seller, as defined in Section 6 hereinbelow. (d) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, in a form acceptable to District and Escrow Holder. (e) 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 Five Hundred Seventy-Six Thousand and No/100 Dollars ($576, 000. 00) . (f) District shall pay for the escrow fees , the CLTA Standard Policy of Title Insurance (if required by District) and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through 'escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures . Agreement to Purchase Real Property - North Page 4 (g) Seller shall cause Valley Title 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 $576, 000. 00 for *the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) the listed exceptions 1, 2, 3, 4 , 5 , 6 and 7 set forth in said Preliminary Title Report attached hereto as Exhibit "A"; (iii) the printed exceptions in a standard form of CLTA Joint Protection Pol- icy of Title Insurance; (iv) those additional title exceptions, if any, as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller, at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall, upon District' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. h Escrow H in stru- ments alder( ) shall when e all re quired 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 original of the policy of title insurance required herein, and to Seller Escrow Holder' s check for the full purchase price of the Property (less Seller' s portion of the expenses described in Section 3 (f) ) ', and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value desposited in the escrow to the party depositing the same. i f Agreement to Purchase Real Property - Forth Page 5 I 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and • severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by g 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 known to Seller affecting all or any portion of the Property, except that certain Residential Rental Agreement by and between Seller, as Landlord and i Patrick Martin and Cheryl Stump as Tenant, dated December 12 , 1984 , a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event that the above-named Tenants abandon or vacate the rented premises prior to the Closing, District shall provide for the security of the Property against vandalism. It shall be the responsibility of District to notify said Tenants of District purchase of the Property and District further agrees to assume any and all obligations and benefits derived from said Residen- tial Rental Agreement. 6. Personal Property to be Removed. It is understood and agreed by and between the parties hereto that the payment in Section 1 herein includes, but is not limited to, payment for the woodburning stove, gas hot water heater, T.V. antenna and domestic water system with appurtenances, which are considered to be a part of the realty and are being acquired by District in this transaction. It is further understood that any and all other items, which are neither enumerated above nor the property of Tenant, as identified in Section 5 herein, '� I Agreement to Purchase Real Property - North Page 6 shall be considered the personal property of Seller, to be retained and removed by Seller. In the event Seller fails to remove any of such items within the- time period specified in Section 3 (c) herein, f said items shall become the property of District to dispose of as it sees fit. 7. 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: 7 .01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 7. 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 Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 7 . 03 Good Title . Seller warrants that there exist no recorded or unrecorded option rights or purchase rights to which Seller is a party. Escrow Holder's willingness to issue its stan- dard CLTA Policy of Title Insurance as of the Closing, insuring title to the Property in District in the amount of the Purchase Price, subject only to the exceptions provided in Section 3 (g) herein, shall constitute conclusive presumption of Seller' s ability to convey title in condition acceptable to District. Agreement to Purchase Real Property - North Page 7 8. Waiver of Statutory Compensation. Seller and District under- stand and agree that Seller may be entitled to receive the fair market value of the property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights it may have to the fair market value of said property, appraisals, etc. , as provided for by said Federal Law and California Government Code Sections. 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 construction of its terms and the interpretation of the rights and duties of the parties . I 9. 02 Attorneys ' Fees. If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judg- ment in which neither party is awarded all of the relief prayed for, the prevailing party or parties on any particular issue, as determined by the Court, shall be entitled to recover from the other party rea- sonable expenses and attorney' s fees related to such particular issue. 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 II' I Agreement to Purchase Real Property - North Page 8' I i 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. 9, 04'. Rights Cumulative. Each and all of the various rights, f powers and remedies of the parties shall be considered to be cumula- tive with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or par- tial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. j 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 com- munications shall be addressed as follows : Seller: John R. North P.O. Box 70188 Sunnyvale, CA 94086 (408) 733-2348 Copy To: Lester H. Strickler 1020 Willow Street San Jose, CA 95125 (408) 292-9306 s I Agreement to Purchase Real Property North Page e 9 Buyer: 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 conformed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Delivery 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 I, 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 appro- priate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 9. 06 ' Disclaimer of Representations. District and Seller agree that, except as otherwise specifically provided herein, neither Seller, nor any of its employees, representatives, or agents has made any representations, warranties or agreements as to any matters con- cerning the Property which are not contained in this Agreement, including, without limiting the generality of the foregoing, the con- dition of the improvements thereon, or the fitness of the Property or such improvements for any use intended by District. District agrees to purchase and Seller agrees to deliver the Property at the Closing in an "as is" condition without reliance by District on any express I Agreement to Purchase Real Property - North Page 10 or implied warranties of any kind. No patent or latent defects in the physical condition of the Property, whether or not now known or discovered, shall affect the rights of either party hereto. i f 9. 07' Severability. If any of the provisions of this Agree- ment are held to be void or unenforceable by or as a result of a deter- mination of an court of competent y p jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 9. 08 Counterparts. This Agreement may be executed in sepa- rate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 9. 09 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 9. 10 Entire Agreement. This agreement is intended by the i 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. f Agreement to Purchase Real Property - North Page 11 9.11 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 9. 12 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective h i pheirs, successors and permitted assigns . 9 . 13 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. 9.14j 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. 9. 15f 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. 9. 16 motions . 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. Agreement to Purchase Real Property - North Page 12 9. 17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and I the plural shall include the singular, and the use of any gender shall include all other genders as ,appropriate. 9. 18 . Broker s Commission. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damages , claims, causes of action or proceedings .which may result from any broker, agent or finder, licensed or otherwise, claiming through , under or by reason of the conduct of the indemnifying party in connection with this transaction. 10. Acceptance. Providing that Seller executes and delivers this Agreement to District on or before December 3 , 1986, District shall have until December 11, 1986 (otherwise until December 23 , 1986) to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As considera- tion for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 .00) . 1 Agreement to Purchase Real Property - ,:o- th Page 13 Provided that this Agreement is accept--? by District, this trans- action shall close as soon as practica:_,' e in accordance with the terms and conditions set 'forth herein. IN WITNESS WHEREOF, • the parties hereto -Ve caused this Agreement to be executed by their- duly authorized of-ficers to be effective as of the day and year first above written. MIDPENINSULA REGIONAL OPEN SPACE SELLER DIS'i'RICT APPROVED AS TO FORM: hn R. Forth Date: Afn No toff, Distrz L Counsel ACCEPTED, FOR RECOMMENDATION: I:artha North Qr Nr;C L> -r Nr�f, i g ��` r�szr��JG• �N � - Date: A/oyG 1 Ce-k` •;3 a L. Craig Britton - . Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk --- Date. VALLEY TITLE COMPANY PRELIMINARY REPORT XX-300 South First Street—San Jose,95113 (408)292-7150 —605 Castro Street—Mountain View,94040(415)968-4427 —2354 Alum Rock Avenue—San Jose,95116(408) 251-8500 —10625 South De Anza Boulevard—Cupertino,95014 (408)253-7630 — 14526 Camden Avenue—San Jose,95124 (408)377-7911 —1930 South Bascom Avenue—Campbell,95008 (408) 371-7891 ESCROW NO. 196527—A Dated as of August; 14 , 1986 at 7:30 a.m. in the event of cancellation,a minimum charge of$200.00 will be made. It the escrow has not closed within 90 days from the date hereof,cancel lationwi11 beeffected unless other provisions are made. In response to the above referenced application for a policy of title insurance VALLEY TITLE COMPANY 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OFTITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy XX 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policyif w.-Cof VTC 216 PLlgmak . 96527—A SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this Report is: a fee 2. Title to said estate or interest at the date hereof is vested in: JOHN R. NORTH and MARTHA NORTH, his wife, in joint tenancy III 3. The land referred to in this Report is situated in the State of California, County of Santa Clara, and is described as follows: (Cont 'd on next page) EXAM IS IT Pang i 96527-A PARCEL 1 • BEGINNING at the Northeast corner of the land conveyed by the City of San Jose to N. Skuse by Deed recorded in Book 10 of Deeds, page 554, said corner being in the middle of the Guadalupe Creek , 10 feet East of a sycamore tree on the North bank of said Creek ; thence running South 75° West 18 poles ; thence North 400 West 10 poles ; thence North 630 West 17 poles ; thence West 6 poles to a live oak stump on the Southern bank of the Creek ; thence North 50 East 24 poles to a small laurel tree ; thence South 400 East 10 1/2 poles to a gulch ; thence South 400 West with the gulch to the turn of the gulch 40 poles ; thence South 11 1/2 poles, following the same gulch to a stone ( or rock ) , between two cliffs ; thence South 800 East passing a sycamore tree at 9 poles, a sycamore sapling at 18 poles, a live oak at 30 poles, passing three rods South of a spring at 50 poles to a stake in fence at 55 poles ; thence North 120 East 77 poles to place of beginning. EXCEPTING THEREFROM so much thereof as lies within the bounds of Hicks Road as said Road is described in the Deed from J. A. Quimby, as Mayor of the City of San Jose, to County of Santa Clara, dated August 19, 1867, recorded August 19, 1867 in Book W of Deeds, page 401 , Santa Clara County Records. PARCEL 2• " BEGINNING at the Northeastern corner of that certain 135. 23 acre tract of land described in the Deed from J. A. Quimby as Mayor of the City of San Jose, to Nathaniel Skuse, dated November 16, 1867, recorded April 24, 1875 in Book 10 of Deeds, page 554, Santa Clara County Records , in the center of the Arroyo Seco de Los Capitancillos ; thence along said Creek South 660 East 8. 88 chains, North 760 15 ' East 0.19 chains ; thence leaving Creek South 24 1/20 West 44 . 59 chains, North 65 1/20 West 9. 00 chains, North 66' 50 ' West 14 . 82 chains, North 190 28' East 11 . 37 chains to the Southwesterly line of the 135. 23 acre tract of land so described in the Deed to Skuse above referred to ; thence along the Southwesterly line of said 135. 23 acre tract South 74 1/20 East 16 chains to the Southernmost corner thereof ; thence along the Southeasterly boundary line of said 135. 23 acre tract, North 24 1/20 East 31 chains to the point of beginning, and being a portion of the land first described in a Deed made from William J. Leet, et ux, to Paul J. Arnerich on December 5, 1902 and recorded in Book 261 of Deeds , page 136, records of Santa Clara County, California. Also the right to take water from said land described in said Deed from William J. Leet, et ux , to the said Paul J. Arnerich at a point at least 200 feet above the highest point of the land hereinbefore .last described, by means of a pipe not to exceed one inch discharge, together with the right to lay and maintain said pipe over and across said land to the land hereinbefore last described, the exact location and line of said pipe to be hereafter fixed by agreement of the parties hereto. (Cont 'd on next page ) .± ' IT Page o 527-A EXCEPTING THEREFROM so much thereof as lies within the bounds of Hicks Road as said Road is described in the Deed from J. A. Quimby, as Mayor of the City of San Jose, County of Santa Clara, dated August 19, 1867, recorded August 19, ' 1867 in Book W of Deeds, page 401 , Santa Clara County Records. PARCEL 3 • BEGINNING at a stake on the Section line between Sections 31 and 32, Township 8' South , Range 1 East marked M. 1 , l .S. , said place of beginning being North 44 .35 chains from a stake marked M.12K standing at the common corner of Sections 31 and 32, Township 8 South, Range 1 East , M.D.M. and Sections 5 and 6, Township 9 South, Range 1 East, M. D.M. ; thence North 19. 66. chains to a stake marked M.K.S. standing in the Southeasterly corner of the Kent Tract ; thence South 661 15' East 14. 82 chains ; thence South 65 1/20 East 9 chains to a stake marked M. 9 S. , standing at the most Southerly corner of that certain tract of land deeded by Paul J. Arnerich to J. D. Mackenzie, et al , by Deed dated May 4, 1903 and ,recorded in Book 268 of Deeds, page 9, Santa Clara County Records ; thence 9. 53 chains to a stake marked S.A. from which a black oak 12 inches in diameter bears North 871 45 ' West 1. 49 chains ; thence South 890 35 ' W. , 20 . 41 chains to the place of beginning. PARCEL 4 : BEGINNING at a point on the line between the lands of Arnerich and Kilday from which point the Northwest corner of said Kilday, being also the Northeast corner of lands of John D. Mackenzie, et al, bears South 890 35 ' West 5. 02 chains ; running thence along the line between the lands of P. J. Arnerich and Michael Kilday, North 890 35 ' East 9. 77 chains to a stake marked M.K.1 ; thence South 670 35' West 1 . 46 1/4 chains to a stake marked M.K. 2 ; thence South 590 35 ' West 11 . 80 chains ; thence North 130 East 1. 75 chains ; thence North 140 30 ' East 4.15 chains ; ,thence North 24 1/21 East 0. 82 chains to the point of beginning, and being a part of that tract of land deeded to Michael Kilday by Deed dated November 1 , 1899 and recorded in Book 224 of Deeds, page 267, et seq. , records of Santa Clara County, and being shown as Parcel 4 on that certain Record of Survey filed for record September 6, 1974 in Book 345 of Maps, page 44 . Note : Said Parcels 1, 2, 3 and 4 being the same property as shown on that certain "Record of Survey" filed for record on May 9, 1972 in Book 300 of Maps, page 44. (Cont 'd on next page) IBIT _96527-A r I PARCEL 5 : BEGINNING at a 1/2 inch iron pipe set at the Southerly common corner of Sec. 31 and 32, Township 8 South, Range 1 East, M.D.M . ; thence from said point of beginning . North 00 00 ' 57" West along the dividing line of said Sec. 31 and 32, for a distance of 2814. 74 feet to a 3/4 inch iron pipe and a 2" x 3" redwood post marked M-11S, said point also being the Southwesterly corner of Parcel 3, as shown upon that certain Map entitled, 'Record of Survey for John R. North" filed for record on May 9, 1972 in Book 300 of Maps, at page 44, Santa Clara County Records ; thence South 850 261 45" West along the Southerly line of that certain parcel of land described as Parcel No. 2 in the Deed to E. Phillip Hayes ..Y Sr et al, filed for record on March 2 I 971 in Book 9240 of Official r ial Records, at page 220, Santa Clara *County Records, for a distance of .1395. 24 feet to a 3/4" iron pipe at the Southwesterly corner thereof in the Northwesterly line of Pueblo Tract No. 3; thence South 90 51 ' 00" East along the Northwesterly line of said Pueblo Tract No . 3 for a distance of 2729. 83 feet to a 2" iron pipe in the Southerly line of said Section 31 above referred to ; thence South 890 06 ' 31" East along the last mentioned line 924. 63 feet to the point of beginning, and being a part of Pueblo Tract No. 3 San Jose City Lands, and also being Parcel 5 as said parcel is shown on that certain Record of Survey of "Lands of John k'. North and Martha North, Pueblo Tract No. 3, T 8 SR 1E (Sec. 31 ) M.D.B. & M. " which Map was filed for record in the office of the Recorder of. the County of Santa Clara on September 6, 1974 in Book 345 of Maps, page 44 . IT Page �r 196527-A i SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: ! 1. Taxes for the fiscal year 1986-1987 a lien, but not yet due or payable . I a . The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3. 5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1 , 1975. 2. An easement for water course over and through any portion of the property described herein which lies within "Guadalupe Creek" , as it now exists . 3. An easement for water course over and through any portion of the property described herein which lies within "Arroyo Seco De Los Capitancillos" , as it now exists . 4 . Easements for private roadways as the same are disclosed by the "Record of Survey" referred to herein filed May 9, 1972 in Book 300 of Maps, page 44 . 5. A right of way 20. 00 feet wide along a center line described as follows, to-wit : Beginning at a point in the Southeasterly line of that certain 3. 09 acre tract of land conveyed by Michael Kilday to John D. Mackenzie, et al, by Deed dated February 24, 1905, recorded April 1, 1905 in Book 291 of Deeds, page 316, said point of beginning being distant South 67° 35 ' West 0. 61 chains from stake marked MK-1 as described in said above mentioned 3. 09 acre tract of said John D. Mackenzie, South 730 04 ' West 6. 06 chains; thence South 630 19 ' West 1 . 95 chains ; thence North 531 37' West 2. 27 chains and N. 120 25' W. , 0. 76 chains to a point in a traveled road, and the end of the center line of the herein described right of way, said last mentioned point being also in the Westerly line and distant S. 24° 30 ' W. , 0. 82 chains from the Northwest corner of said 3 . 09 acre tract of said John D. Mackenzie, as conveyed by R. J. Mackenzie, a single man, to Francis H. Tucker, et ux, by instrument dated October 14, (Cont ' d on next page ) Page bof _96527-A 1940 and recorded December 2, 1940 in Book 1017 of Official Records, page 41 , Santa Clara County Records . (Affects Parcel 4 ) 6 . Judgment entered in the Superior Court of the State of California in and for the County of Santa Clara, Action No. 225233 entitled , "David E. Breeding and Sheridee Ar Breeding, R. J. Tucker, et al , Plaintiffs, and Cross-Defendants vs . John 'R. North, et al, Defendants and Cross-Complainants" , with respect to portions of Reynolds Road and other private roads and prescriptive rights thereto, a certified copy of which was recorded in the office of the Recorder of the County of Santa Clara, State of California on June 10, 1971 in Book 9367 of Official Records, page 643, Santa Clara County Records, and reference is hereby made to the record thereof for further particulars . 7. Judgment entered in the Superior Court of the State of California, in and for the County of Santa Clara, Action No. 447109 entitled, "John R. North, et al, Plaintiffs, vs. Harold Rhoten, et al Defendants" , with respect to portions of Reynolds Road and other private roads and prescriptive rights thereto, a certified copy of which was recorded in the office of the Recorder of the County of Santa Clara, State of California on February 25, 1985 in Book J269 of Official Records , page 118, and reference is hereby made to the record thereof for further particulars. END OF SCHEDULE B NOTE 1 : Taxes for the fiscal year 1985-1986 have been paid. Receipt No. 575-08-006. Code 80-002. First Installment $48. 88. Second Installment $48. 88. (Affects Parcel 1) Receipt No. 575-08-007. Code 80-002 . First Installment $288. 88. Second Installment $288. 88. (Affects Parcel 2) Receipt No. 575-08-008. Code 80-002 . First Installment $96. 44. Second Installment $96. 44. (Affects Parcel 3) Receipt No. 575-08-009. Code 80-002 . First Installment $20. 11 . Second Installment $20. 11. (Affects Parcel 4) Receipt No. 575-07-005. Code 80-002 . First Installment $194 . 24 . Second Installment $194 . 24 . (Affects Parcel 5) NOTE 2: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows : NONE (no short term) NOTE 3: Notice is hereby given that Indorsement Number 126. 1 will not be attached to any policy issued pursuant to this report . X HIBIT r'allezy Title Cvmpat.y LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 (Amended 12-6-85 and 2-20-86) SCHEDULE B This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses, any or all of which arise by reason of the following: j Part 1 1. Taxes or assessments which are not shown as existing liens by the records 7. Any law,ordinance or governmental regulation(including but not limited of any taxing authority that levies taxes or assessments on real property or to building and zoning ordinances)restricting or regulating or prohibiting the by the public records. occupancy,use or enjoyment of the land,or regulating the character,dimen- Proceedings by a public agency which may result in taxes or assessments, sions,or location of any improvement now or hereafter erected on the land, or notices of such proceedings,whether or not shown by the records of such or prohibiting a separation in ownership or a change in the dimensions or agency or by the public records, area of the land or any parcel of which the land is or was a part,whether 2. Any facts,rights,interests or claims which are not shown by the public or not shown by the public records at Date of Policy,or the effect of any violation records but which could be ascertained by an inspection of the land or by of any such law,ordinance or governmental regulation,whether or not shown F making inquiry of persons in possession thereof. by the public records at Date of Policy. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 8. Right of eminent domain or governmental rights of police power unless 4. Discrepancies, conflicts in boundary lines, shortage in area, en- notice of the exercise of such rights appears in the public records. croachments,or any other facts which a correct survey would disclose,and 9. Defects,liens,encumbrances,adverse claims,or other matters(a)whether which are not shown by the public records. or not shown by the public records at Date of Policy,but created,caused, S. (a)Unpatented mining claims;(b)reservations or exceptions in patents suffered,assumed or agreed to by the insured claimant;(b)not shown by or in Acts authorizing the issuance thereof;(c)water rights, claims or title the public records and not otherwise excluded from coverage but known to to water,whether or not the matters excepted under(a),(b),or(c)are shown the insured claimant either at Date of Policy or at the date such claimant ac- by the public records. quired an estate or interest insured by this policy or acquired the insured mort- 6. Any right,title,interest,estate or easement in land beyond the lines of gage and not disclosed in writing by the insured claimant to the Company the area specifically described or referred to in Schedule A,or in abutting prior to the date such Insured claimant became an insured hereunder;(c) streets,roads,avenues,alleys,lanes,ways or waterways,but nothing in this resulting in no loss or damage to the insured claimant;(d)attaching or created paragraph shall modify or limit the extent to which the ordinary right of an subsequent to Date of Policy;or(e)resulting in loss or damage which would Z abutting owner for access to a physically open street or highway is insured not have been sustained if the insured claimant had been a purchaser or en- by this policy. cumbrancer for value without knowledge. I 2. AMERiCAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (Rev. 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law,ordinance or governmental regulation relating to environmental protection. (c) Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a change in the dimensions or area of the land or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under(a),(b)or(c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,[is pendens,liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed to include records in any of the offices of federal,state or local environmental protection,zoning,building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy:(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by A olicy. I BIT (List of Printed Exceptions and Exclusions Continued on Reverse Side) +. page of LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS In addition to the exceptions In Schedule 8,you are not insured against loss, costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you, but not to us,on the Policy Date-unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the tabor and material lien coverage in Item 8 of Covered Title Risks. 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or • in streets, alleys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In addition to the Exclusions, you are not insured against loss,costs,attorneys'fees, and expenses resulting from: Part (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land, whether or not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (Rev. 10.17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law,ordinance or governmental regulation relating to environmental protection. (c) Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a change in the dimensions or area of the land or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under(a),(b)or(c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,lis pendens,liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed to include records in any of the offices of federal,state or local environmental protection,zoning,building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created, suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the data such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the in tedness to comply with applicable "doing business" laws of the state in which the land is situated. a I f 205.!6 r •+, �.,. i f �i b 1 W.a. •o.1h e o V • P 10.0 k-i W o 5. y W�'. 41) ACL• 3� S Im N fJf • o ° Qw Oil 1 M7 u h a . F�,s��y/s�ppyy■■ �ss�[0 EX �OIT Page i i 5715 .3,�u, cic L -1 "A' 40�. REYNOLDS RD. 1 � 90, 28 AC. C� r N I J _ R.G.S. 300- M - 44 �v f• V h Corrpi led o z. in Con f PCI. 3 the Reven;�` ormanc Effective a and raX `u �)_ --- fr., E. to A _Irch 3 4e__.�— ',z;.>: ��,x --- - _ Car. PC 4: e r RESIDENTIAL RENTAL AGREEMENT 94086 J N R. N TH, P. 0. Box 70188, Sunnyvale, CA,/Landlord, and Patrick Martin and Cheryl Stump, 19460 Reynold Road; Los Gatos, CA 95030 Tenant, agree as follows: 1. Landlord rents to Tenant, and Tenant hires from Landlord, those premises described as: 19460 Reynolds Road, Los Gatos, CA 95030 which consist of a house, garage, two-horse stall , and attached shed of barn, corral , one-acre yard, and six-acre pasture lying along the northwesterly side of the MacKenzie private road. The Rented Premises do not include the main structure of the barn nor an 840 ft. storage shed which are specifically reserved for Landlord's exclusive use, together with full access rights thereto at all times. The house includes a new wood-burning stove, and a gas water heater. 2. Te rr of Rental Agreeir-1nt. • The Term of this Rental Agreement shall commence at 12:01 a.m. on November 14 1984, and shall continue from Month to Month, until terminated. Ihis Rental Agreement may be Terminated by either party at any time by giving written notice. 30 days in advance to the other party. 3. Rent. Tenant agrees to pay Landlord as rent for the Rented Premises Four Hundred ($400.00) Dollars per month, payable in advance on the first day of each month, commencing on December 1 , 1984. Said rent shall be paid in cash, by cashier's check or money order to LandT-o-r-d at P. 0. Box 70188, Sunnyvale, CA 94086; or any other place that Landlord may from time to time specify by written notice served on Tenant. 4. Deposit. The Tenant agrees to pay Landlord, upon execution of this Rental Agree- ment, the sum of $400.00, receipt of which is hereby acknowledged by Landlord as security for the faithful performance of this Rental Agreement by Tenant and for the cleaning and repairing of the Rented Premises after surrender by Tenant. The full amount of the de- posit shall be returned to Tenant within two (2) weeks after Tenant has vacated the Rented Premises less only such amounts as are reasonably necessary to remedy any defaults in the payment of rent by Tenant, to repair damages to the Rented Premises caused by Tenant other than orainary wear and tear or w clean Lhe kei,4C6 AL LI'M t1111e 3pc;.1:`1ad oil this paragraph for return of the deposit to Tenant, Landlord shall furnish Tenant with an itemized written statement of the amount of the deposit received, the charges made by Landlord against the deposit, and the disposition made or to be made of the deposit. 5. Utilities.. Tenant shall order Electric, Gas, Garbage and Telephone Services and pay promptly as they become due all charges for furnishing such service, or cost of garbage or trash removal , and other public utilities to the Rented Premises during the term of this Rental Agreement. 6. Use. The Rented Premises shall be used only as a single-family residence, and Tenant shalT not permit the Rented Premises or any part thereof to be used for (1 ) the Conduct of any offensive, noisy, or dangerous activity that would increase the premiums I" for fire or liability insurance on the Rented Premises; (2) the creation or maintenance of a public nuisance; (3) anything that is against any laws or rules and regulations of any public authority at any time applicable to the Rented Premises; or (4) any commercial use. Further, Tenant shall not disturb, annoy, endanger or inconvenience other tenants or wahbors, nor use the nremiset f^r any Wnoral or unlawful purpose;, nor violate any law c;.l ordinance, nor commit waste or nuisance upon or about the premises. 7. Tenant agrees to keep the rented premises in good condition and shall promptly, at his own expense, make all necessary repairs thereto in a good and workmanlike manner. Tenant agrees to maintain and repair the water-supply system, its intake, pipelines, tanks, ct:.. He tr.f, ;h.-I! bo c.'t ^.n '^.d around the property. Tynan+ shell keen the rented premises free or dry brush, rubes^, :a r�:. ur.;: ;s....: - c . danger of fires. Tenant also agrees to check the said Water supply S stem at least weekly, and to promptly notify Landlord or Donald North (by telephone (2A 634-7570 collect) of any major potential problems. 11 D I , ,,, 8. Improvements to Property of Landlord. All alterations, changes and improvements built, constructed or placed on the Rented Premises by Tenant, other than i personal property shall , unless otherwise provided by written agreement between Landloo and Tenant, be the property of the Landlord and remain on the Rented Premises at the ex- piration or sooner termination of this Rental Agreement. Nothing contained in this para- graph, however, shall authorize Tenant to make or place any such alterations, changes or improvements on the Rented Premises without having first obtained the written consent of Landlord. This includes painting. 9. Trespass. Tenant agrees to promptly notify the Landlord of any trespass or any other acts, of which they have knowledge, adverse to the Landlord's MacKenzie Ranch pro- perty, including the Private Roads thereon. Tenant agrees to promptly notify Landlord of such acts or attempted acts, by telephone collect tail , to (408) 733-2348 or to Donald North at (209) 634-7570. 10. Sale and Exchange of Property. In the case of a sale, exchange or transfer of said rented premises or property, the Landlord reserves the right to terminate this Rental Agreement upon thirty (30) days written notice to Tenant. �I 11 . Assis nment and Subletting. Tenant shall not assign this Rental Agreement or sublet the Rented Premises, or any interest therein, without the written consent of h Landlord first had and obtained. A consent by Landlord to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Landlord or an assignment or subletting by operation of law shall be void and shall , at the option of Landlord, terminate the Rental Agreement. Landlord's consent shall not be unreasonably withheld. . 12. Default by Tenant., Should the Tenant be in default for a _period of more than three (31, days ire i c .payme..L, ;,f any rent PEya`le u6"`.'.r Rerft.:l' �grec.»lit, cr in the performance of any other provision of the Rental Agreement, Landlord may terminate this Rental Agreement and regain possession of the Rented Premises in the manner provided by Y the laws of unlawful detainer of the State of California in effect on the date of such default. 13. Entry by Landlord. The Landlord shall have the right to enter the Rented Premises onli in the following cases: in of emergency; (b) to make necessary o.r. agreed repairs, decorations, aiCe'rdtioii� or imptuvemetiia, SGpNiy iiei.c3�c.rr vi �,y'r''c3.'. S£� �:.%.i, cr (C) exhibit the Rented Premises to prospective or actual purchasers, mortgagees, tenants, workers or contractors; (d) after Tenant has abandoned or surrendered the Rented Premises, (e) pursuant to court order. a Landlord shall , if possible, give Tenant reasonable notice of such entry. 14. Examination of Premises. Tenant stipulates that he has examined the Rented Premises, as well as the bui ings and improvements located on the Rented Premises, and they are all , as of the date of this Rental Agreement, in good repair, order and condition. 15. Driveway. The entry and driveway of the Rented Premises are non-exclusive, and the Landlord or his designated representative shall have the right to use same at any time for free access to the reserved storage shed, storage barn, and to the other nearby lands owned by the Landlord. ! 16. MacKenzie Private Road. This road is a part of the MacKenzie Ranch Property, and by Court Order it has been determined to be a "Private Road"; as outlined herewith. A Quiet-Title Judgement in 1971 stipulated that -- All roads on the property of J. R. and M. North (other than the dedicated, County improved and maintained Reynolds Road) and Including the MacKenzie private road are "Private Roads" Said Judgement recorded 6/10/71 in Volume 9367 on Page 643. Owners of lands abutting said property of the Norths were determined to have certain Prescriptive Rights over the then existing MacKenzie Private Road, limited to the then existing width, location, and use. The short, 10 ft. wide Lane or. Way running Sly and Ely from Rd. Sta. 11 to the common Easterly corner of Mck. Pcls, 2 E 3 likewise is "Private", with Prescriptive Rights limited to some agricultural purposes. 17. Animals. Tenant shall be limited to the following Tenant-owned animals and livestock on the Rented Premises 2 steers or horses; 2 cats t a 2 H 11113 1T 18. Indemnity Agreement. Tenant agrees to indemnify and hold Landlord and the prop- erty of the Landlord, incTu3ing the Rented Premises, free and harmless from any and all liability for injury to or.death of any person, including Tenant and employees of Tenant, or for damage to property arising from the -use and occupancy of the Rented Premises by Tenant, or from the act or omission of any person or persons, including Tenant and employees of Tenant in or about the Rented Premises with the express or implied consent of Tenant. 19. Casualty Loss of Premises. This Rental Agreement will terminate if the Premises become uninhabitab ee because of dilapidation, condemnation, fire or other casualty for more than 30 days. Rent will be reduced proportionately if the premises are uninhabitable for any shorter period. . 20. Attorneys' Fees. Should any litigation be commenced between the parties hereto concerning�ent�ed Premises, this Rental Agreement or the ri hts and duties of either party in relation thereto, the party (Landlord or Tenant prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to the reasonable sum as and for his attorneys' fees and costs of such litigation. 21. Waiver of Breach. The waiver by Landlord of any breach of any provision of this Rental AGreement shall not constitute a continuing waiver of any subsequent breach of the same or a different provision of this Rental Agreement. r 22. Time is expressly declared to be of the essence of this Rental Agreement. I 23. Sole and Only Agreement. Landlord and Tenant agree that this instrument contains the soie an"c only agreement between them concerning the Rented Premises and correctly sets forth their rights and obligations to each other concerning the Rented Premises as of this dote. Any agrce.:tent o rGpresentatioir concerning the Rented Premises or the dunes of either Landlord or Tenant in relation thereto not expressly set forth in this instrument is null and void. 24. Binding on Heirs and Assigns. Subject to the provisions of this Rental Agreement against assignment of Tenant's interest under this Rental Agreement, all provisions of the Rental Agreement shall extend to and bind or inure to the benefit not only of the parties hereto, but to each aDd everyone of the heirs, executors, representatives, successors and assigns ot-Lar,diuro and Tenant. 25. Late Rent Payment. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Rental Agreement, the exact amount of such costs being difficult and impracticable to fix. Therefore, if any monthly payment of rent due from Tenant is not received by Landlord when due an additional sum of $30.00 as a late charge shall become due and payable immediately. The parties in advance hereto agree that this late charge represents fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available i to Landlord. 26. I:erro of ';r d rst-.-,idin-. The r�:emo of Understanding dated November 10, 198,:-� and signed b,,: J. 2. North, Landlord, and Greg Stur,p, Tenants' Representative, is ackn^wledged to be pertinent to this rental agreement and is a part hereof. See 'Exhibit i�, attached. i ,d r T 4r- ey R, Z-&� N L RD Da TENTNTS Date John R. North Patrick Martin Witness Date TENANTS Cheryl Stump Date November 1984 PIT P @e P. O. Bos 70188 Sunnyvale, Ca. 94086 Nov. 190 184 RENTAL PREMISES AT 29460 Reynolds Rd. Los Batos, Ca. 95030 New Tenants : re Partick Martin' and Cheral Stump. Occupancy beginning Nor. 14, 184 as represented by Gregg stump. Receipt is hereby given by Landlord, J. R. North for the following- - - Ch ck in amount of one Hundred and '00/00 Dollars (100.00) for the adjusted short-term rent for the period 1�ov. 13 thru r:or. 30, 184 Occupancy by Gregg Stump to continue on from Nov. 30, 184 until N the said above "Tenants" t emselves move in to the said property on or about the first week in uec. 184 Check in amount of Four Hundred Dollars ( $400.00) for the "Deposit" as called for in the Residental Rental Agreement previously discussed and agreed upon between Landlord J. R. north, and Tenants Parrick Martin and Cheral Stump for said $remises. The said Rental Agreement is on a Month to Month 11asis. Regular j`ent at Four Hundred Dollars ( $400.00) will begin effective Dec. 1, 184 at the rate of $400.00 per month, all in accord with said Rental Agreement. R. North Date Gre �tump Date lord. . Te ants Rep sentative EXri�bZ`I A 1r ' ' J EXHIBIT page of R-86-119 (Meeting 86-29 Nk 'V December 10 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 2, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Milner Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appro- priate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Milner et al. ) . 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 Sierra Azul Open Space Preserve - Mt. Umunhum Area, and indicate your intention to withhold the property from dedication at this time. Introduction: The District currently has the opportunity to purchase a one-acre parcel of land located in the southern part of the District, southwest of Mt. Umunhum (see attached map) . The small parcel is an inholding in the Kidwell property addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area approved for acquisition at your November 12 meeting (see report R-86-107 , dated November 6 , 1986) . A. Description of the Site 1. Size, Location and Boundaries This one-acre parcel is located within unincorporated Santa Clara County within the Los Gatos Creek watershed. The District's Mt. Thayer and Mt. Umunhum land holdings are located toward the north- east, Lexington Reservoir and Highway 17 are to the northwest, and Summit Road is to the south. The parcel is centrally located within the 78 acre parcel of the pending Kidwell property addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. R-86-119 Page two 2. Topography, Geology and Natural Resources The parcel is located on the west facing slope of a canyon formed by an unnamed tributary to Los Gatos Creek. The elevation of the property is approximately 1350 feet. This creek canyon was not damaged in the Lexington fire of 1985. The property and its surrounding environs are vegetated with riparian species including California bay laurel , oak, madrone and big leaf maple. Soils on the property are of the Maymen-Los Gatos association, arising from sedimentary sandstone and shale parent materials. These soils are shallow, typically found on steep slopes and generally not vulnerable to landsliding. Two earthquake fault areas are located in the Los Gatos Creek Canyon; they are the San Andreas fault zone and the Sargent fault. B. planning Considerations The property is located in unincorporated Santa Clara County and is zoned HS (Hillside Residential) . Acquisition of the property for open space purposes conforms with the Santa Clara County General Plan. The parcel has a medium rating on the District's Master Plan map, a composite rating of lands' suitability as open space. C. Current Use and Development Access to the property is from Wrights Station Road and Firemans Road near the site of Wrights, a former station for the railway which ran from San Jose to Santa Cruz several decades ago. The property contains no structures. D. Potential Use and Development Site planning for this property would be accomplished in conjunction with planning efforts for other District properties comprising the Sierra Azul Open Space Preserve. Since this preserve consists of many non-contiguous parcels and presently has inadequate public access to most of them, the Preserve remains low on the District's Relative Site Emphasis Plan, a plan that serves as a guideline for determining the level of planning effort and development for all District preserves. Until such time as the Sierra Azul Open Space Preserve becomes more suited for public recreation, i.e. , connecting trails and areas suitable for parking, public access will not be encouraged, but the land will remain open to those who can gain access without trespassing. E. Interim Use and Management Recommendations 1. clean-up of the property will be completed in conjunction with clean-up of the surrounding Kidwell property addition to the Preserve. Cost of work on this parcel can be covered within the $5,000 estimated for the removal of all buildings and vehicles on the Kidwell property addition. R-86-119 Page three F. Naming I recommend that this property become an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. G. Dedication I recommend that you indicate your intention to withhold this property from dedication at this time due to its relationship with surrounding pending District purchases, which have a parallel recommendation due to the isolated nature of the properties. H. Terms The attached Purchase Agreement requires the payment of $5 ,000 in cash for this one-acre property. RESOLUTION NO. 86-70 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MILNER ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Alan R. Milner, Trustee , and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $5 ,000 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. * * * * * * * * * * * * * * ' i—Ji" \+ `.,`.�:i_� �,�.��1�---.-'l.j,� ��{�'.{I{rr� � -.�� z ct`'��� f�2 f�1r nt�' 3' -r✓.'t„ ±f, `��1�. �(�����1 — -;� �'s �-�-Y � < 8..-..1 ) Ill, 1.7� \ --. ) w b?fi ��+x� r �ti��3,#��#ro :s'•�.�s -�r 1 �� �� t .-__ -... -..__ .. �, B + !L ter, �� f,7 �\\�� (\ t. tr <�. `w: '}x\w k fs' f j I} v � J�� • ++",r '�C 'T`?;: 3103 t`¢U�a�� Y x}` t°'•crs L _ I.. �� 1 A. r• 77 '�,�'�, 1.\. J^`_//r� II�'il./: //•l./ v� \.\ ��%� ��� )Iy. .'' p .I .._ji ,1'�` 1 �Y 00 ;\� ,, ,/';: /` _ y,4,; its<' /. J.�/ _ �- _._'-.��\ � (:�' -''-��% �-_.-- -:Jl 1��.+ - ' •:F► �'. i4c ism �•. *off,. �� y•x .����.��•'Y`�.: �00� -»���'Y\�w, 21� Iff / l (J/` i—;.._, '')`q1 °.+\. �{ CCX C"`.-. L+ f. f 'a��c� r t .''ih+'�'� �ks st<?}:}.^: .'',•'•..'''�¢'1' f�: �<sSc?•:r >>y�� t �.:. /����' / � \ -' %�'i l�l!,.' _.\- ���,.t �\`���� � �, r 3 _•A��� .3Y •:a.: -'�. •az.�k 3 �y"".G.s�j.{,•�c;:�E:v r(��`l\:�.'•�� �\\\;•_l .. -->•�'�,, } ,�)� �)J +i��,ll ��o ,, i ..-. — - �: � ..\ y<�d4 �, :��X!. f_. /, J" a �+\ -��� I �, � �� ' J -�� � �^'� -/ �� -�� � - / r`•� �., i 't:'!:t�t>�:r...;:..:.a.,,,`.,w"yF 'S+!`", �� /� \�J. JN. ; PENDING ACQUISITION 7$ ACRES 358 ACRE77 7, S � 002146-mi, \t _jam i i �`� •! \. ,L-- ��\ - �\8} � 1,�`"=-���%',C?%�1/�;% � 7 _ ���� L_ �� -='� U �e�✓ `����oo��,..�_ -��'1 �` '�`1�4f;-- 1 •�� h( Y� 1SUe \ • J)( c f /yJ, ,� O/, \ ( �, 4 d \1\it � �,tr _� � /--' !� ,.� _�_ , t�_ ten- �__$• /°�� n � _ n I v ^. `���� c-• I` f�� 1 ` �� ( l� �i\�� -'\�'� - ��. ll l�G z�279 a�ao -`' f)� !• ��� (\n.: n._ "� ` ,l f �!4ININ PROPOSED� TI � U�� �.; T. 9�i •m�4 ACQUISI ON 1 ACRE 3,10 ,.� ' �� >ar�G��-sue !� -,� � w �c ��v�r-z� �s� ' .�� \ �i �v_„--��� �- 'ter �J )� •"s�� � ,.�. � Ly­3 �:��i��+t� fr;ll(r awL��--•� \��� �•w�Z�.,^'� �l���ti--�' ��V-�1'�`��i\f SPILLWAY � "�a\ _ � -=a�f =,,r h � �•,,, I,; ; � `` t �, �L'f�H_vV, a ✓f `� SIERRA AZUL OPEN SPACE PRESERVE 1. lvfl� MT. UMUNHUM AREA R Lama���eta �. -- - - - -,;f i,r'' 1o^ -. -ti, I-, � --_,tii 1 �..i�� o of .t; ;r- �,�� sc.Ai F 11t = �nnn� � tinQ�► PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between ALAN R. MILNER, as Trustee, hereinafter called "SELLER' and the Midpeninsula Regional Open Space District, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER'S real property located within an unincor- porated area of Santa Clara County, State of California, consisting of one acre (1. 0) , more or less , and commonly referred to as Santa Clara County Assessor' s Parcel No. 558-26-001; said property being more par- ticularly described in Preliminary Title Report No. 197943 , dated October 31, 1986, from Valley Title Company, said Report being desig- nated Exhibit "A" , as attached hereto and by this reference incorpo- rated herein and made a part hereof. Said property being acquired together with any easements , rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands , and any and all improvements attached or affixed thereto. Said property hereinafter called "the Subject Property. " r 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price shall be Five Thousand and No/100 Dollars ($5 , 000. 00) payable in cash at such time as escrow may be closed and title conveyed to the DISTRICT under the terms and conditions set forth herein. 3. TITLE AND POSSESSION Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances , judgments , easements, taxes, assessments, covenants, restrictions, rights, and conditions of record except: A. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. B. Typewritten exception numbers 2 and 3, listed in said Preliminary Title Report (Exhibit "A") . C. The fact that the legal description is uninsurable as noted in said Preliminary Title Report. Purchase Agreement - Milner Page Two. 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this transaction, if any. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judg- ments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. The obligations of SELLER shall survive close of escrow and recordation of the Grant Deed. 5 . WAIVER AND STATUTORY COMPENSATION SELLER understands that he may be entitled to receive the fair market value of the Property under the Federal Uniform Relocation Assist- ance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government e t Cade Se ction 726 7 , et _seq.. SELLER acknowledges that he is familiar with the applicable Federal and California law. SELLER hereby waives all existing and future rights he may have to receive the fair market value of the property under any applicable Fed- eral or California law. 6. COMMISSIONS DISTRICT shall not have any obligation to pay any real estate agent' s commission or other related costs or fees in connection with this transaction. 7 . LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property, nor are any perso ns occupying g the Subject Property. SELLER further war- rants rants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss , damage or expense in- cluding costs for legal services , occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquiredY b DISTRICT. 8 . AUTHORITY TO CONVEY TITLE Alan R. Milner, as SELLER, is and shall be for all purposes under this Agreement, the trustee of : the Trust for the benefit of Roger E. Nunez; the Trust for the benefit of Miriam Bentley, and the Trust for the benefit of Gladys M. Milner, as confirmed upon SELLER by that certain "Decree of Settlement of First and Final Account and Report of Executrix, , Proration of Taxes, AllowingStatutory Commissions y and Fees for the Executrix and Her Attorneys , and Extraordinary Compensation for the Executrix' s Attorneys , and of Final Distribution" in the matter of the estate of Eunice Nunez , filed for record on March 11 , 1974 with the Clerk of th e e Sup erior Court of the State of California in and for the County of Alameda (Case No. 191399) . A true and correct copy of said Decree is attached hereto as Exhibit "B" and incorporated herein by this refer- ence. Purchase Agreement - Milner Page Three SELLER does hereby warrant that he has the full power and authority to execute this Agreement on behalf of said trusts and to sell and convey the Subject Property to DISTRICT. SELLER further agrees to take any and all action necessary or required to convey clear and marketable title to DISTRICT at close of escrow (except for the unin- surable legal description as mentioned in Paragraph 3. C. hereinabove) . 9 . ACCEPTANCE AND TERMS OF ESCROW Provided that SELLER executes this Agreement on or before December 15, 1986, DISTRICT shall have until December 30 , 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 afore- said real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, the DISTRICT has paid and SELLER scknowledges receipt of the sum of Ten and No/100 Dollars ($10 .00) . _ Provided that this Agreement is accepted and and executed by DISTRICT, this transaction shall close as soon as practicable in accord- ance with the terms and conditions of Paragraph 9 hereinabove through an escrow (No. 197943) to be conducted by Valley Title Company, 300 South First Street, San Jose, CA 95113 , or other such escrow holder as may be designated by DISTRICT. In no event shall escrow close later than Decem- ber 31, 1986 . i 10 . ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs , devisees , assigns, or successors in interest of the parties hereto. I i f Purchase Agreement - Milner Page Four MIUPI::_'IIldSi1LA REGIONAL OPEN SPLICE SELLER DISTRICT APPROVED AS TO FORM 14,eu./,/X Alan R. Mi. ner, as Trustee I � r Date: i S an Etc , Distrtct Counsel - - ACC TED _ OR RECOM-MENDATION: L 4Crarg ' ritton .�� Land'Acq��isition Manager APPROVED AND ACCEPTED: President, Board of Directors I ATTEST: District Clerk Date. 't VALLEY TITLE COMPANY PRELIMINARY REPORT XM300 South First Street—San Jose,95113 (408)292-7150 —605 Castro Street—Mountain View,94040(415)968-4427 —2354 Alum Rock Avenue—San Jose,95116(408)251-8500 — 10625 South De Anza Boulevard—Cupertino,95014 (408)253-7630 — 14526 Camden Avenue—San Jose,95124 (408)377-7911 —1930 South Bascom Avenue—Campbell,95008 (408)371-7891 k APN NO . 558-26-001 'ESCROW NO. 197943 (PD.) Dated as of at 7:30 a.m. In the event of cancellation,a minimum charge of5200.00 October 31 , 1986 will be made. If the escrow has not closed within 90 days from the date hereof,cancellation will be effected unless other provisions are made. In response to the above referenced application for a policy of title insurance 'GALLEY TITLE COMPANY 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy f VTC216 PL/gmak l 97943 SCHEDULE 1. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee i 1 2. Title to said estate or interest at the date hereof is vested in: SEE EXHIBIT "A" 3. The land referred to in this Report is situated in the State of California, County of Santa Clara, and is described as follows: All that certain real property situate in the County of Santa Clara, State of California, consisting of one acre of land located on the Fireman 's road, known as the middle cabin, with water for domestic purposes , and the right to use with first priority. Description of said. one acre of land to be marked by boundaries approved by both parties hereto, said one acre of land is located in the West one-half W. 1/2 of the Southwest one-quarter (SW 1/4 ) of Section 14, Township 9 , Range 1 West , M.D.M. IT 4� wy5. of - j7943 EXHIBIT "A" EUNICE NUNEZ , by devise TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED: FROM: Shelley R. Cothran et ux TO: Alejo Nunez and Eunice Nunez, husband and wife DATED: June 28, 1948 - RECORDED: April 25, 1949 Book 1777, Page 297 , of Official Records INSTRUMENT NO. : 570099 DOCUMENTARY TRANSFER TAX: $Illegible MAILING ADDRESS: n/a a $I B IT 97943 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows : 1 . Taxes for the fiscal year 1986-1987 a lien, but not yet due or payable . a. Amounts currently assessed under Receipt No. 558-26-001 . Code 80-008 . ( Full Cash Value: Land $1,272.00 ) 1 . First Installment $7 . 55 2. Second Installment $7 .55 b . The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3. 5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California , and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1 , 1975 . 2 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Pacific Gas and Electric Company, a California corporation (No representation is made as to the present ownership of said easement ) Purpose: line of poles Recorded: August 4 , 1949 Book 1827, Page 525 , of Official Records . Affects: The West half of the southwest quarter of Section 14 , Township 9 South, Range 1 west, M.D.B. & M; save and excepting therefrom that 1 acre portion thereof described in that certain decree dated October 22, 1940, and recorded in Volume 1036 of Official Records at page 133, records of said County of Santa Clara . (Cont ' d on next page ) Page I L97943 The route of said line of poles across said premises shall be as follows: 1 . Beginning at a point in the Southerly boundary line of said premises and running thence North 40 421 , West 730 feet, more or less , to a point from which an iron monument marking the corner common to Sections 14 , 15, 22 and 23 of said Township 9 South, Range 1 West , M.D.B. & M, bears South 27° 32 1/2 ' West 820 .3 feet distant; thence North 90 29 ' East 566 .4 feet; thence North 100 45 ' West 1319 .0 feet; thence North 150 15 , West 55 feet, more or less , to the Northerly boundary line of said premises. 2 . Beginning at the most Easterly angle point of the route hereinbefore described and designated 1 , and running thence North 30 171 West 176 .0 feet , more or less . 3 . Any facts, rights , interests , or claims which a correct survey would show. END OF SCHEDULE B NOTE 1 : The legal description herein is not insurable by this Title Company. This report is done as an accommodation only. NOTE 2: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: M The only conveyances affecting said land recorded within five years prior to the date of this report are as follows : NONE NOTE 3 : Notice is hereby given that Indorsement Number 126 .1 will not be attached to any policy issued pursuant to this report . I MMT #4 Pad of= Valley Title Company 4 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS I 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 (Amended 12-6-85 and 2-20-36) SCHEDULE B insure against loss or damage. nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: This policy dons not g 9 9 Y Part 1 I I 1. Taxes or assessments which are not shown as existing liens by the records 7. Any taw,ordinance or governmental regulation(including but not limited of any taxing authority that levies taxes or assessments on real property or to building and zoning ordinances)restricting or regulating or prohibiting the by the public records. occupancy,use or enjoyment of the land,or regulating the character,dimen- Proceedings by a public agency which may result in taxes or assessments, sions,or location of any improvement now or hereafter erected on the land, or notices of such proceedings,whether or not shown by the records of such or prohibiting a separation in ownership or a change in the dimensions or agency or by the public records. area of the land or any parcel of which the land is or was a part,whether 2. Any facts,rights,interests or claims which are not shown by the public or not shown by the public records at Date of Policy,or the effect of any violation records but which could be ascertained by an inspection of the land or by of any such taw,ordinance or governmental regulation,whether or not shown making inquiry of persons in possession thereof. by the public records at Date of Policy. 3. Easements,liens or encumbrances,or claims thereof,which are not shown 8. Right of eminent domain or governmental rights of police power unless by the public records. 4 notice of the exercise of such rights appears in the public records. . Discrepancies, conflicts in boundary lines, shortage in area, en- croachmonts,or any other facts which a correct survey would disclose.and 9 Dotects,liens,encumbrances,adverse claims,or other matters(a)whether which are not shown by the public records. or not shown by the public records at Date of Policy,but created,caused, 5. (a)Unpatonted mining claims;(b)reservations or exceptions in patents suffered,assumed or agreed to by the insured claimant:(b)not shown by or in Acts authorizing the issuance thereof, (c)water rights,claims or title the public records and not otherwise excluded from coverage but known to to water,whether or not the matters excepted under(a),(b),or(c)are shown the insured claimant either at Date of Policy or at the date such claimant ac- by the public records. quired an estate or interest insured by this policy or acquired the insured mort- a n n disclosed in writing b the insured claimant to the Company in land beyond the linos of g and of P Y interest. r easement a d be right,title, to esf estate o e s 9 9 Y 6. Any g , Y 9 the area specifically described or referred to in Schedule A,or in abutting prior to the date such insured claimant became an insured hereunder; (c) streets,roads,avenues,alleys,lanes,ways or waterways,but nothing in this resulting in no loss or damage to the insured claimant;(d)attaching or created paragraph shall modify or limit the extent to which the ordinary right of an subsequent to Date of Policy;or(e)resulting in loss or damage which would abutting owner for access to a physically open street or highway is insured not have been sustained if the insured claimant had been a purchaser or en- by "•s policy. cumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (Rev. 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE r g matters are expressly excluded from the coverage of this policy t Guvernrnental pol,ce powor. :n) Any law, ordinance or governmental regulation relating to environmental protection. Any law. ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on lho land, or prohibiting a separation in ownership or a change in the dimensions or area-of the land or area of the land or any parcel of which the land is or was a part. id) The effect of any violation of the matters excluded under(a),(b)or(c)above,unless notice of a detect,lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages,lis pendens,liens or other title encumbrances must b- recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided, however,that without limitation,such records shall not be construed to include records in any of the offices c, ederai,state or local environmental protection,zoning,building, health or public safety authorities. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens,encumbrances,adverse claims,or other matters(a)created, suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insurers claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by is poticy. # : 11 (List of Printed Exceptions and Exclusions Continued on Reverse Side) P L LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS in addition to the exCrrpt-io7S in Schedule f3, ycj +rn •.;r „ o,f ,against i,,ss e :, ,att0 ri y fees and ex,eases resulting from i Government i po'r.ce power, ,r�C.tr,e ex.,G>r. . , .i�ti,iLgt��,t;m) law or govemnwlil regulation. 1lvs includes building and zoning ordinances and also lays and regulations concern�n�,, • Nand use • land division • improvements on the land • environmental protection, T has exclusion does not limit ttre z�.,utg c ti�r.,;;rz ti,.,cube+. in Items Q and 13 of Covered Title Risks. The light to take the land by cort.sa r,inq �; ra-iotwe of taF;., a rears in the Public re a>rds on the Polio Date. 3api p 3. title Risks:• ) k that are Createu, a!1n.; t. nr 0 that are kncnsn I,, !,,it nvt ; .re, e,n the POI,Cy D,rle - c-ntess they appearod in tht) public records. i that result in no loss to io;. • that first affect your titre attar rat Poi:c} Date - this does not i.mit the labor and material lien coverage in Item 8 of Covered Title Risks. 4. Failure to pay value for your title 5" Lack of a right: • to any land outside the area s�eaflcally described and referred to in Item 3 of Schedule A, or • in streets, alleys, or watervvas that touch your land This exclusion does not fimit the access cc.elage in Item 5 of Covered Title Risks. SCHEDULE 8 - EXCEPTIONS In addition to the Exclusions, you are not insured against hits coats. attorneys' fees and expenses resulting from: Part (a) Any nghts, interests or cl<a+ms fit p;-. ,s in possess-ia �:I the 7,nd not shown by the public records- (b) Any easements or liens not shO"n t;the public record; ! This exception does not limit ihc• ,r coverage n Itr,m it of Covered Title Risks. p (c) Any facts about the band wh ch ,'i r—roct Survev wont. t! Ir ;and which are not shown by the public records_ This execpl on rlo( not !In t thr ' �om,.,al •,m,., n, t5' of Covered T"iL'r riia:ks (d) Any w,lter right!;. t Lams e,r '�t'•• ! ..',r en j t:n,irr thi l.a vrt rRaer yr nut ;:huwra by tfic:public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (Rev. 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE matters are expressly excluded from the ,-c:;=rage of this policy wemnaenta! police power. Any iaw. ordinance or goverrims'n:,a{ c e�at:nq tc environmenta! protection. A"y I?r., or;n,.nGf: or governmenial refit o, oncIWd rig but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the lard. o- regulating the character, dimensions or location of any improvement now or hereafter erected on ;! !and, or was a part a separation in owners ,,, o d is or r a change in the dimen,stons or area of the land or area of the land or any parcel of which the "•ti 'feet e.f i-,i, ✓"Idllon of th i lal;ots exci'.,c irder(a),(b)or ic)aiaove, unless notice of a detoct,lion or encumbrance resulting from a violation is been recotood it Date of Policy in those ru' . its in which undo r state statutes deeds, mortgages,lis pendens, liens or other Win encumbrances rr:uBt be recorded ill order to impart con,,tnactive notice to purcha,;ers of the land for value and without knowledge; provided, howover,that without 1,mitahon,such records shall not be con_;trueed to i15clude records in.any of the offices of ied health or public ekilety authorities nral,state of local environmental protection,zoning,building, Rgeits of eminceiit doin,iin unless note,e of Ilia ex,rclse of such -!ppears in the public records at Date of Policy. i Defects, hens, encumbrances.adverse clams. or other matters(a)created. suffered, assumed or agreed to by the insured claimant;(b)not known t0 the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mo^gage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date f P o Policy). 4. Unon}ordeability of the Len of f:e incur,d t)ecau of ia.h,re of ti',- sured at Date of Poh,:y or of any subsequent w r txf bred to nor ply Wi!h applicabha "d.airig husines. la vs Of the t<ate in which th land is situated. E,J�,E'G t�' y Pass v OFFICF F COUNTY ASSESSOR 'SANTA CLARA 10 11 13 14 X•/57805 _Y.. r'� Y•2�?030 ' 1bO.CO. RC asp ol:! LMo Sao nc 19 34 �. (MNDk. L� �243Rt7) 21 3 MAR 11 1974 41 1ACK G. BLUE, County Clerk By: Ronald R. Miller, Deputy 5 y I F 7 8 IN THE SUPZRIOR COURT OF THE STA1 OF CALIF014IIA r 9 IN AND FOIL THE COUNTY OF AlaWMEDA 1011n the matter of tha Estate ) ` No. 191399 11 ,iof DECREE OF SETTLEPLENT OF FIRST A.11ID 12 EUNICE NUNEZ, also known as } FINAL ACCOMNT AND MPORT OF EXECUTF EUNICE r. NUNEZ, and as } PRo,RATI©L1 OF TAXES, ALLOWING STATU- 13 ' EUNICE FAY ITUNEZ, and as } TORY CCsX:41SSIONS AND FEES FOR VM EUNICE F. XERTELL, ) ExECUTRIX A111D H:R: ATTOWEYS, AND r 14 Decoaap_d. EXTR.AOs`�DIj1rlRY COMPBNSATION FOR THE EXECUTRIX' S A"s iORt1EYS, AIM OF FINAI 15I DIST 1BUT1O'1 r. 161 GLADYS M. MIL.L42R, as Executrix of the Will of the above 17 ,1 named I3eceased, having filed her First and Final Account and 18ipetition for its settlement, proration of taxes, for allowance of 19 �� attorney: j; statutory commis3ions� and fees for tha Ex .cutxizt and her 20 � and fees for extraordinary services for her attorneys, and for 21 final distributions and the Report and Petitions copying on rogul.a: 22 ,i .tbis day for hearing, the Court finds: 23 'p! That notice of the settlement of the Account, and of the G 24 � hearing on said Petitiomi has been regularly given for the period 25 ; and in the manner rescri.b: c3 2a law. u p y x li 25 A11. acts and tranaactions of the Executrix of the Will of + - COFFEY, ADAMS i'+ KING z ATTQsci.EYS AT LAZY i': r ... a35 rEi%%+T%FVT++STFReET %� ()AKt.A'::'..C 1ltFi1R N+A s�fE1: of qr:t Ufii>s. 1 � the above named Deceased duripg the period of the Account are trul. 2 shown, and should be approved; and all allegat ions 'of the Petition ; 3 � for' its* settlement and for final distribution are true. 4 The account• is full, -true and correct, and should be M settled, allowed and approved as filed. 6 ! Notice to Creditors has been published for the period and 7 ' in the manner prescribed by law. The date for filing or preaentin 8 claims has expired, and the Estate is now in a condition to be 9 closed. All claims filed or presented against the 'Estate have beer 10 albowed by the Executrix, approved by this Court, and paid. 11 All debts of the Decedent and of bar Estate;, and all 12 expenses of administration have been paid, except for attorneys ' 13 ' and Executrix's .fees and closing expenses. 14 All Inheritance Taxes and personal property taxes payabla 151i kby the Estate have bean paid. 16 � A Federal Estate Tax return has been filed for tha Estate, 17 !! and the tax shown to be dua has been paid. The return has not yet 1s r been audited, and the Executrix has not been rel�)ased from peraona 1011 � liability for tho Federal Estate Tax. 20 1 J� All califo_rnia and Federal incom.a taxes due and payable by 21II ! the Estate, insofar as known to the Executrix, have been paid. I� 22 That said returns have not yet bo°Yn finally audited, and the 231 Exvcutri.x should be authorized to withhold as a reserve the sum 24 :; Fof $5 , 000.00, to be withheld; 2E> : r 01, 400.00 frcarl the Trust for the benefit of ROGER E. NUN]E2 26 $1,400.00 f- om the Trust for the benefit of Mirian EE 1TL? k i COFFEY. tE)AMS & KING ''.. ATTORNEYS:T IAV, �, h i. N;Vk SiJiL3��� �' 2 _ A3 FfvWT ENTNS� €f", �' ...r"i pAAlh'J fit,f:,L..1€�".:iN 4'.�7.1 i�t? �� xst oea�; f 1 � $1, 400:00 from the Trust for the bonefit of GLADYS M. . 2 � MILUER; and $800.00 from the share distributable to GLADYS M. MILUF 3 � I 5i,. id funds to be deposited in an interest-bearing account pursuant 4 ,ito Probate Code Section 541.1., subject to withdrawal only upon • 51, order of the above entitled Courtr and upon final determination of 6 �1all tax liabilities, and after the charging of said tastes, to be 71 returned to said individual and Trusts in the proportions in which °; said sums were withheld. 91 That RALPH COFFEY, the named Trustee, and the WELLS FARGO 101i B7�11I{, National Association, the alternate naffled Trustee of the 11 h Trusts created under said will, have expressed their desire not to 12 act. That Aft R. 141LNEER consents to act as a Trustee of said 13 I Trusts . 14 All assets of the Estate are Decedent 's separate property. 15 r That the fire of COFFEY, AMPIS & ING have rendered extra 16 '' ordinary services as attorneys for the Executrix, and the sum 17 !; hereinafter 1�. p�a� ear a oW£d is reasonable com nsa.tion for said nervicu*3 i 13 That the property of said Estate ready for distribution 19 prior to payment of statutory Executrix 's and attorneys ' fens is 20 ; as shotm on Exhibit "A" attach!d hereto and incorporated herein, 21 That distribution should be ordered as prayed, 22 IT IS ORDE.FD AND ADJ'M-GED THMV: 23 1. The administration of the Estate is brought to a cl.o,ae 24 2 . The Executrix of the Will of the above named Deceased 29 has in her possession balongi.ng to the Estato, after deducting 26 hGq credits to which she.: is entitled, the assets aet forth and COFFEY, ADAMS W VI%C, j: '......... A fTORNFYS AT LAW 925 CE NTa nL irUILDING (� a36 Ft1vRTifhT i S7REE1 Of C3a NLA '"t rlF tlt:la«i 71 — .. Y ' '! 1 desbrib-ed .on Exhibit "A" attached hereto and incorporated. herein. 2 'The First and Final Account, Petition and Report of the Executrix i 3 , 9ettled; allowed and approved' as filed. 1! r Executrix relating to . 4 3. All acts- and t_ansactions of the Execut i 9 5 the matters set forth in the Account, Petition and Report are 6lconfirmed and approved . 7f 4. The Executrix is authorized and directed to retain $ 05,000.00 from distribution at this time to cover contingent entate I 91, axes and Income tart liabilities, to be withheld: 101, ! 61, 400.00 from the Trust for the benefit of ROGER E. NTUEZ,�, 11 81, 400.00 from. the Trust for the benefit of I.11PJAM PEs`7TLEY,'. $1, 400.00 from the Trust for the benefit of GLADYS M. Y IIX# :R, and 12 'C distributable to GLADYS M. MILNER. !� 3£300.00 from the spars i.st 13i"All but $250.00 of said monies to by deposited in an interest- 14 ! Code section 541.1 subject to, beaxing account pursuant to Probate C e S , j r,� 15 �lwi.thdrawal only upon"Order of the above entitled Court. After 16 'determination of such contingent tax liabilities, and the charging 17lof said taxes, the balance of said reserve to be distributed to 18 i said Trusts and said indiv<d,ual in the proportions in which s c J' said f; sums were withheld from them. i, 2011 l 5. The Executrix is authorized and directed to pay to 21 I; herself and to COFFEY, AD'�.MS & KING, her attorneys, the sun of 22 '; 03 , 143 .51 each, in full of their statutory co.r;.-nissions and fees 23 it for services rendered in A-s administration of this Estate:, and to 24 pay COFFEY, ADAMS & KI ti s the s lwm Of $� .- c r l _ 33 comp-ensa 4 ion 25 ; for e-xtraordinary services rendered in the administration of this 2a ; Estate . COFFCY near+s & KING ArTOR4Y5 AT LAN R `;�?,.�9 r`§y /1 =tYi[ nLa�tl a:t' ffj - rF.hTf+ST,01 F i' I, pa. n CAL#FCt�N w-�� ! li e. . , f /i '. pj 451 0 P a 1 ` 6. Notice. to Creditors hair ba—en given as required by law. 2I 7. All California Inhsritanca Taxes due and payable by the 3 �Eotdb* have been paid. f 4 S. The E.Xacutrig is authorized to deduct frora the diatribu-- ft 5 hive 'Shares . of the permonn and trusts named, the amounts Eat fort- 6 oPposite the reapectiva designations for Inheritance Tait and eatate 7 'taxes paid by the ExecutriN on their b• half: 8 �f ` Trust for the bonafit of ROGER NUZMZ: 5raj:ar Inheritance Taxes in the mount of 6 2,347.06 9 Pro-ration of redaral Estate Tax 2,301.19 101 Trust flax the benefit of MiriamFntley: State -- nh*±aritanca Taxer in the amount of 1,576.51 11 Paso-ration of Federal. Bat,ate Tax 2,301.19 I 12 u1 Trust for the banafit of GLADYS M. MILNER: �' State Inh�3 stance 1`axes in the amount of 1,270.11 13 } Pro-rat ion o f redoral Estate Tax 2,301.18 4' 14 RCHZIZR NUNEZ, J:C.a States Inharitnnca Taxes in the v?pount~ of 323.07 15 F Federal E�stata Tax 326.00 1 16 i DALtI L FZL :Z: State Inharitanae Snares in the amount of 328.07 17 u Federal Lotate Tax 326.00 k 18 DAVID NUNEZ: ! State Inharitanc:a T,aXa_q in the amount of 328.07 19 i; Federal Estates Taal 326.00 9 20 a STACY VMTEZ: State Inharitanca Taxaa in th:� a oxLnt of 328.07 21i. Federal Estate Tal 326.00 t 22 ; HIRIAM BBNs'I.yt i i State Inbaritanc.,� Taa;n:oa in the amount of 21 .06 23 Fed--ral. Eatats Ta), 45 .74 24 WILLIZ G1R7zUQS: M r k State xnhozitanc Taxea in the amount of 163.72 4-0 , Federal E:*- ato Tax 182.93 E 26 DORIS DALTON 2 State Znh ritranca Tacea in the amount of 67 .41 C.OFFEY. ADAM',h Kli .( Federal Estat+:i Tax 91 .47 ATTOFANf VS AT LAW h75 C.ENTP%L OAKLA ND i F a iA ffs• "r F �i ffi"9 pf a Pacl tv a r 1 t 1 � HARJORIE SHAFER.- 03 State ':Inheritance Taxes in the amount of 2 . 2 � Federal Estate Tax 274.41 GLADYS M. MILNER: I' State inheritance Taxes in the amount of 1,903.24 Federal Estate Tax 2,648.97 5 9. The* Estate in the possession of the Exacutrix remaining6 � for distribution, which is the property described on Exhibit "A" 71attach+ed hereto and incorporated herein, after payment of the fees $ herein allowed and the proration of State Inheritance Tales and the i 9icharging of Federal Estate Taxes, is hereby distributed as follows 10 '.' To: VaLLIE GREIGS, the sum of 81, 653 .35, apple set 11 of di3hes, chasterfLald and snatching chair. Tot DORIS DALTON, the sum of $841 .12. r 12 ` To: MARJORIE SHAFER, tha sum of $2,465 .56. r 13 I; To: THE PERPETUAL CAP,:-, PU11D OF MOUNTAIN VIEW 14 ' CEI%-ET'KR.Y ASSOCIATxON, Oakland, California, the sum of $1, 000 .00, to ba used for the 15 care and maintena.sce of this N=Z family 16 plot in said Cema to="y. 1� rl L' R the sum of $19, 359.70. 17 1; To: GLADYS M. x , M L.�R or such other Trustee as 18 � TO: ALA�i R. Pt3.I , the Court may appoint, all of the rest, � Estate, to I residue and remainder of said E 19 be held, administered 3m s,+�erad and distributed, I Of charges f IN TRUST as fo110-.rs, after the proration � , 20 hereof, to which said I forth in Paragraph 8 , set n Paragraph 8 referanca is hereby spade, and subject 21 . ; ustee e x , to the . provisions ..o11c�-ring, th T �! shall divide the Trust Estate into equal shares 22 for taz�+ b�s-aG f it of x`'.C�".zE?� E. �IUA+r.2, GI,.�.I7Y3 M. i; mluial, and 23 , 24 �{ As to each Trust, it shall be held, administered and disc-ributed as fol1c-, ss 26 1 . The Truetaa shall apply and distribute thL not incomm� and principal of each of the shares of the 26 {` Trust Estate s t 4aic?e for the benefit of ROGER E. k. r COFFEY AD4MS & KING t ATY0 W.CYS At L A Vi 9"�LI II L H A1Ci 436 FO;rP TF.6t.t.! i 4510465 s d, .r 0• i 1 NU EZ, GLADYS M. MILINER or MIRiAH BEBTLEY, (herein- after called "beneficiary" or "beneficiaries ") as 2 follows; 3 ? A. Until the death of a beneficiary the Trustee shall pay to or apply for the banefit of the 41' benefisiary all of the net income from his or her shares of the Trust Estate. 5 ii {` B. If at any time, in the absolute discretion � 61; of the Trustee, any beneficiary should for any . reanon be in nand of funds for his or bar proper 7 ; care, maintenance or support, the Trustee may, l �! in his absolute discretion, pay to or apply for the benefit of any such beneficiary, in addition It to the paymants herainabove pzovided for hits or , g � her, such amounts from the principal of his or 10 her share of the Trust Estato, up to the whole , 1. thereof, as the Trustee may from titre to time deem necessary or advisable for his or her use 11 � and benefit for such purpotxes. 12 C. Upon the death of a beneficiary his or her l u share of the Trust Estate shall. b-,s paid and 13I distributed to the issue then surviving of such i I� deceased beneficiary, by right of representation, 14 { or if there shall be no such issue, shall be 15 added equally to the shares of the Truett Estate set aside for the toenAzit of the others of said beneficiaries and the issue of any daceased bine- 16 ; ficlary, as hereinbefore set forth. 17 D. If all of said baneficiaries shall die leaving no issue surviv ir. , then u e 18 : last of said beiiaficiariespto di.e;; this Trust .t 19 shall terminate and the Trustee shall pay and distribute all of the then balance of the Trust 20 Estate to my heirs at law as determined by and in accordance with the laves of the State of 21 !' California relating to tht, succossx,n of -separate property then in effect. 22 ` 2 . . Each of the se crate Trusts provided for harein, p unless sooner terminated in accordance with the pro- 23 visions hazei.nabove. set forth, shall, in any evant, 24 ceane and terminate upon the death of the last sur- vivor of ROGER E. NUNEZ, GLADYS M. MILN R and MIRI)%J4 25 ` B IJTLEY. i 26 . 3 . Upon any division or partial, or final distribu­ tion OIL, the pxap-:�rty of the Trust Estate, as herein COF:EY. ADAMS Y. KING ATTORNEYS AT LAW s � tF�U tEE tiT'I4S f7EEf 451()BSc, ^�tY q j 1 ` provided, the Truntee my divide or distribute such property in kind, including undivided interests 2 ( therein, or in 'his •ab3olutd dinaret ion the Trusta s �{ nu i_y sell all or any ' _zt c ugh " y _n c%a- % j d ucb 3 , division orCri bution in cash. or_partlyin cash d 4 { part in kin�� decision of the Trust as9 I w at con tutees a proper vision of theus Tr tee pri� , or to q u„oon ar intri:bution therso ba 5 � bindingn all of the b�riciaris. 6 4. No beneficiary of this Trust (shall have Any right to a na�te��ncu.�i�s or _.jV potb cate h i,� or her i r-- 7 eat in t�e� principal . or �cor� of the. Trust — any nr. �r sick such int _r'est o,l any bnaZiciary I:ka $ at. Oct to claims of his or her creditors or liable 9 � Ni attaachmani, �xccution or other process of I 10 5. The ,T ustes uhall have the r t .t2L n.et to tha property t>� t `TiaaEa.�oasxy -p 't ta+saCo , 11 i and upon such terms and in such manner as he May d*Om II as ri ib�o, to snll-; csziv y excks ng convert, Uaprovs, xcs ix, r nags, operate and control; to ease'P 12 ---- �_ t�rris ti-iin or beyon pia term of thts3 Truett and to en�uri2 ex "tax by oth cate t :¢ gust prop�� y and 13 � f cirri o "cst "rrf sw ad u any claL_r-13 a.cinst ear !1 iri tiro o t"ham'Tacu t to invest arm roinv471gt the 14 r _ Trutt aan►d �iK- tac xcs �:y the Txu.stee ray d: ax"n 15 — - -- _._o_ — -►- tsdvirsaI :, s�hat:�pr oz net- A the ckiac errr�itt C b eta far ti _£riv :stmnt� xu­ t ¢us�t��s�_ rth 16 Trustee ah1 have such addtior+alvrza us ray Hoge _ _ ! or hareaff a~ carii" rzed upon h r b law or are s a •- 17 T'ru:3-9.o _ try adn: nister this a { P^t to ,an�limitatit�nn providtd for 19 � with the Trurtee being instructed to distribute to RtX;ER E . NUNEZ, 201. I; GLADYS M. 211-111IMER and MIRI M BENTLLEY the sIrti of $2, 220.21 each, Cozs- 21 i'. �� stit?ating one- third (1/3) of the nat incom�- during probate . 22 �. 10. Any other property of tho estate not row kno-cin or 23 H discovered, th At may belong to the Estate, or in which the Decedent 24 I or the Estate nay have any tnterf;st, shall be distributed an f'ollc14S s 26 , _c s C>FFEY ADAYf F. KING C,1 i0��F S S Ali aY. r � � d.�-age �+,»�v^ l A 48i r snv t 1:7 SMFEf Y a la':i) CAlprt dl l :HSG17 J 4"1 iikFrh 1 To-t GLADYS M. MILNER, MI1?JAM M-:NTLEY, WILMA $ •JAMIESON and ALBA KN01x1LD0N, any petit point 2 4owned by Deceased. 30 To. , ALAN R. MILNER, or such other Trustee its the Court may appoint as Trustee under the Trust3 41' herei.nabpve set forth, all the rest, residue 5 and remainder of any such property. .Bane in apart Court d ' Judge of the Superiok Court 8 � 9i 10 11 • 12 i 13 � 1 14 ` 15 �; i I 16 17 18 19 'i c: 20 U . 21 221 231 i 24 !! i 25 G 26 a COFFEY ADAMS& KING A T1'04NE YS AT 1•ltti �' �';�''' .• E yy 915 Cr NTRAE j". t?'JI LESIVG -' b E!" i <_t5 x:}4127EFr11 15TG.11 I C)AKI.ANU,C1kLli a r EXHIBIT "A" AS,92TS ON HAM REMAINJUG roC t J S RIF3;ja ON 1. Camb in the scum of $92, 482.25 2. 42 Sharas, •Hank of America, common stock 3. 8 Shares, Wentates Petroleum Company, common stock 4. 4 Shares, WaAatos Petroleum Company, preferred stock 5. 20 Shares, American Standard, Inc. , common stock 6. Any interest the Estate may have in that certain non-intornat--b-aaxing Promissory Note in the face amount of 05,129.60 dated June 30, 1961, executed by Roger Nunez and Arlene Nunez, his wife, and secured by a Sacoiad Dead of Trust on that certain real property more particularly described are follows: That certain real prop—arty in theCity of San Leandro, County of Al.araada, State of California, described are fol l oaa: Lot 22, as said lot is shown on the map of "Tract 1232, San Leandro, Alar-%�!da County, California,* , filed May 4, 1953, in book 33 of daps, page 71, in the office of the Count e cord: o Alameda y R��3 x f lsmeda County. (more commonly known as 1.4561 Acacia, San Leandro, _ California) ( -1 7. All that certain parcel of land situate in the County of Santa Clara, State of California, described as followassa That certain parcel of land described in the Doed from Shelley R. Cothran and Florence Dawson Cothran to A?ejo-- Nunez and Eunice Nunez, dated - an-3 28, 1948 and recorded April 25, 1949 in Book 1777 of Official Records, pago 297, S nta Clara County Records, and being described in said Deed as folk-rs: CONSZ57.'T:IG of one acre of land located on Fireman'sx Road, known as the Middle Cahtn. Description of said one acre of land to be snark�d by boundaries approved by both parties hereto, said one acre of land i:a located in the West one-- half (t+. 1/2) of the Southw,�st once--quarter (SST 1/4) of Section 14, Tcwn,hip 9 South, Range 1 west, m.D.m. -- l -- E&IIBIT "A" X _31 "A" -- Conttn d 8. 1 Dining Room Se't. 9. Apple set -of dishaa, chesterfield and rwAtching chair 10. 1 -Ladies diamond ring 11. 1 Ladies diamond dinner ring 12. Claims for proration of taxes againatt ' Roger Puna z, Jr. $ 654.07 Daniel Nunez 654.07 David. Nunez 654.07 Stacy Nunez 654.07 $ 2, 616.28 w .r. r a "w � o R-86-120 (Meeting 86-29 December 10, 1986 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 4, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, District Clerk SUBJECT: Declaration of Election Results Recommendation: Pursuant to Section 17111 of the California Elections Code, you must declare K. Duffy, D. Wendin, N. Hanko, and G. Andeen as elected to the office of Director of the Midpeninsula Regional Open Space District based on the results of the November 4 , 1986 General Election. Certificates of Election will subsequently be issued to the successful candidates. Discussion: The official election results are as follows : Candidate and Ward Total Votes Elected Term of office Katherine Duffy, Ward 1 21, 769 x 4 years Daniel Wendin, Ward 2 15, 029 x 4 years Alfonso R. Tatano, Ward 2 4, 904 Mark Winitz, Ward 2 4,154 Nonette G. Hanko, Ward 5 18,589 x 4 years Gerry B. Andeen, Ward 6 12,699 x 4 years Dr:' Nancy Jewell Cross, 7 , 956 Ward 6 The Certificate of Election Results from George Mann, Santa Clara County' s Registrar of Voters, is attached. The corresponding certificate from San Mateo County will not be available until Monday, December 8 and will be forwarded to you separately. Precinct-by-precinct results are available at District office. =I CERTIFICATE OF ELECTION RESULTS STATE OF CALIFORNIA ) ss. County of Santa Clara ) I , George A. Mann, Registrar of Voters of said County, do hereby certify that at the General Election held on November 4, 1986, and consolidated therewith, a General District Election was held in the Wards 1, 2 and 5 of the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT for the purposes of electing one Director in each of said Wards; That .the results of said General District Election and were canvassed by the Office of the Registrar of Voters in accordance with applicable provisions of the Elections Code; and, That the Statement of Votes Cast, hereto attached, shows the whole number of votes cast for each candidate in each of said Wards, and in each of the respective precincts; and that the totals shown for each candidate are full, true and correct. 1986 . WITNESS my hand and Official Seal this 24th day of November, a -, Registrar f Voters SEAL k w COUNTY OF SANTA CLARA 11/20/86 341 GENERAL ELECTION. NOVEMBER 4. 1986 31 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT - YARD 1 a1 to w z z0> w LL a a U. 00: LL O w w O Q z F a> x O to J t w �� ►�- z30 to O O w e w .+ J z Q. F- S C) J 0: Otn� w a .-.a 0: m $d06-PCT:3606 566 357 61.2 240 3609-PCT 3609 547 ':345 >63.0 233 3630-PCT<3630 :831 1504 :60 16 3635-PCT 3635 521 297 57.0 195 3636-PCT 3636 499 335 67.1 217 3637-PCT 3637 455 255 56.0 172 : 3d39-PCT'3639 532 ?337 63.3 .221 r: 3640-PCT 3640 .604 322 '53.3 210 3641-PCI:3641 629 337 ,:n.8 =232 3642-PCT 3642 568 325 57.2 194 3643-PCT 3643 565 341 60.3 223 3644-PCT 3644 5 350 b 7 2 0.2 2 3649-PCT'3649 e81 261 .158 '.60.5 98 3740-PCT.3740 481 307 :63.,5 203 3741-PCT 3741 382 234 61::2 151 3743-PCT 3743 495 311 62.8 204 3744-PCT 3744 474 282 59.4 183 4 - 37 P T 7 4 5 C 3 45 703 44 63.1 27 9 3746-PCT 3746 646 397 :dl<4 227 '3747-PCT.3747 :A94 331 67.0J 215 - 3748-PCT 37445 401 370 '61:3 243 3749-PCT 3749 754 419 55.5, 257 3750-PCT 3750 880 457 51.9 300 3752-PC7 3752 0 0 0.0 0 3753-PCT`3753 569 296 '32..0 180 4 3754-PCT.3754 743 :494 66.4 323 s 3755-PCT,3755 :. 409 211 131 3756-PGT 3756 602 344 57.I 218 3757-PCT 3757 665 375 56.1 237 3758-PCT 3758 538 315 58.5 220 3759-PCT'3759 s10 s'3 .:30:0 0 ' 3760-PCT`3760 i'91 303 ::d1 7 285 ;3763-PCT:3763 456 ..'34I ::STY 214 3764-PCT 3764 618 345 55.8 220 3765-PCT 3765 829 385 46.4 256 3766-PCT 3766 547 295 53.9 152 3767-PCT.3767 05 . .':3E.: 5d 4 26 3769-PCT 3769 697 254 3772-PCT 3772 667 333 49.9 192 3774-PCT 3774 736 406 55.1 253 3775-PCT 3775 6 4 66.6 1 3776-PCT'3776 .. ., 4;4G7 3777-PCT 3177 370 231 ::62.3 135 .3776-PCT .3778 70d a 54 64.;'3 283 3779-PCT 3779 634 373 58.8 233 3780-PCT 3780 375 231 61.6 143 3781-PCT 3781 775 486 62.7 306 3783-PCT':3783 b91 `4,52 65'i4 282 ' 3784-PCT:3764 106 i:75 70.7 49 3785-PCT:3785 800 i6b '<30«2 :2" 4676-PCT 4676 408 252 61.7 154 4677-PCT 4677 520 304 56.4 203 4678-PCT 4678 698 412 59.0, 271 4682-PCT 4652 547 335 61.2 214 4683-PC7 4683 372 354 61 al 221 4684-PCT '4684. , 673 390 57:9 243 4686-PCT 4686 38b 212 54.9 122 4687-PCT 4687 866 546 63.0� 332 4686-PCT 4658 426 275 64.5, 170 4689-PCT 4689 '502 303 60:3� 198 4b90-PCT 4670 502 24b 56.9 180 4692-PCT 4692 543 ;.303 .:55.E. 204 4693-PCT 4693 515 316 61.3� 210 4694-PCT 4694 694 405 58.3 243 4695-PCT 4695 485 326 67.2 216 4d96-PCI 4646 a558 39b :ffO:I 258 4697-PCT 4697 .428 354 61.1 252 4698-PCT-4698 A02 446 ''53.6 296 4699-PCT 4699 541 327 60.4 195 4705-PCT 4705 766 505 65.91 331 4706-PCT 4706 1 854 541 63.3 1 344 I COUNTY OF SANTA CLARA 11/20/86 342 GENERAL ELECTION. NOVEMBER 4. 1986 31 NlD-PENINSULA REGIONAL OPEN SPACE DISTRICT - UARD 1 N w Z 20> w LL OOa LL O UJ ww- O Q U V, w ►- D Z 3 0: VI O O w , w r-, J Z - 0.F-Z ''... G9 J 0: O VI F- w Q O H.+Q 0: to I.- max 4707-PCT'4707 792 468 59�0 280 > 4708-PCT 4708 319 18S `57.,9 111 4710-PCT 4710. -612 ::3a9 >63 5 244 4711-PCT 4711 586 339 57.8 214 4712-PCT 4712 538 317 58.9 198 4713-PCT 4713 529 299 56.5 192 4714-PCT>4714 >377 :>327 :56.�6 i,231 4715-PCT-4715 495 276 55;7 ":..161 4717-PCT 4717 707 442 .:6,2:3 °:289 ' 4718-PCT 4718 445 303 65.0 219 4720-PCT 4720 374 208 55.6 134 4723-PCT 4723 743 436 58.6 262 4724-PC7`4724 560 354. ;62. 3 -: 229 4725-PCT 4725 461 294 .63.,7 :.206 5751-PCT 5751 :::391 ';-,210 '..5317 "145 . - : . 5752-PCT 5752 709 407 57.4 267 5754-PCT 5754 823 464 56.3 306 5755-PCT 5755 541 311 57.4 204 5761-PCT%5761 b9 6p '62 9 356 5762-PCT>,5762 aal 90 49:7 45 :...5765 PCT-5765 5766-PCT 5766 21 16 76.1 11 5767-PCT 5767 7 3 42.6 0 5766-PCT 5766 22 12 54.5 7 S7b9-PCT:fi769 S2 %9 .73. 0 2 5777-PCT:5777 345 243 .6z.0 247 577tl-PCT:5778 80 !41 ..;[0.9 321 5780-PCT 5780 551 312 56.6 198 5781-PCT 5781 3 3 100.0 2 5782-PCT 5782 67 47 70.1 21 5783-FiCT'3783 109 61 55.4 34 5806-PC7 5846 19 I1 .:ST of 7 5409-PCT '5809 5818-PCT 5810 34 14 41.1 9 5820-PCT 5820 57 14 24.5 7 5821-PCT 5821 4 0 0.0 0 585tA-PC7'S85lS 346 E3 ...70:9. 25 5859-PCT 5859 >. ':a2 ;•*7 57.3 27 6675=PC7:6375. „3t! l .,.50 4140 a..... _ 6679-PCT 6679 5 4 80.0 4 ABSENTEE TOTALS 54108 2547 4.7 4RAND 7O7ALS 54108'343$6 63. a Z17d9 .; y I 3 COUNTY OF SANTA CLARA 1I/20/86 343 GENERAL ELECTION. NOVEMBER 4. 1966 32 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT - UARD 2 0. t �z z0 w 0.a 00 L+ O a z z W W Q z !- Q O?W �- O to J 1 3 N N Q F F U to tY a Q z_ 0 z Ix inH O z 3 J 3 V) tN O O W 1 W z 0,f - X O O J a otoZ a w W Q -- Q Q J a m t- m o o >_ Q 2330-PC7 2330 764 481 62.9 253 62 73 ».. 2333-PCT 2333 688 458 66.5 244 .47 59 2339-PCT 2339 764 '509 66.6 280 - =62 46 2343-PCT 2343 807 516 63.9 255 64 74 2344-PCT 2344 834 536 64.2 248 89 60 2346-PCT 2346 17 7 41.1 0 0 2 2351-PCT 2351 -506 325 64t2 192 39 :>3S 2352-PCT 2352 815 479 58.7 250 71 : 47 23S4-PC7 2354 863 67 68.0 300 72 108 2356-PCT 2356 804 534 66.4 285 74 58 2357-PCT 2357 424 246 58.0 128 26 34 2359-PCT 2359 541 346 63.9 188 35 44 2384-PCT 2354 880 530 60.2 274 78 67 2385-PCT.2385 630 406 -64.4 224 - '4-8 41 2386-PCT 2386 496 314 63.3 157 4S : 32 2388-PCT 2388 357 205 57.4 120 16 22 2389-PCT 2389 729 438 60.0 225 45 59 2390-PCT 2390 789 449 56.9 228 55 51 2391-PCT 2391 659 437 63.4 229 59 37 2395-PCT 2395 863 "356 64.6 295 66 .67 2811-PCT 2811 .32 8 25.0 4 1 2 2813-PCT 2813 192 101 52.6 15 3 72 2824-PCT 2824 540 327 60.5 170 37 45 2833-PCT 2833 861 538 62.4 260 84 71 2834-PCT 2834 405 399 65:9 213 SII 45 3602-PCT 3602 „535 338 63.1s 152 35 '.T2 i 3603-PC7:'.3603 'i3.16 ::.194 61.3 :. �Sd : .24 :47 3604-PCT 3604 616 345 56.0 142 53 63 3605-PCT 3605 639 282 44.1 105 40 51 3607-PCT 3607 693 449 64.7 207 63 74 5612-PCT'3612 405 332 .54 8 r:127 44 =76 Sd13-PC7>3613 -805 ': 492 60.8 `213 75 64 3615-PCT 3615 .683 370 54_1'' '151 43 .90 3616-PCT 3616 698 323 46.2 145 48 52 3617-PCT 3617 836 498 59.5 216 77 83 3618-PCT 3618 342 132 38.5 62 14 25 3619-PCT"3619. 863 534 61-8 253 76 97 3620-PCT.:3620 69d 392 56.7 144 53 54 '3622-PCT 3622 ;630 '303 48:0 145 41 A6 3623-PCT 3623 464 269 57.9 116 32 64 3624-PCT 3624 735 423 57.5 175 58 98 3625-PCT 3625 457 262 57.3 108 35 61 3626-PCT:3626 '800 472 59i) ?206 60 105 3627-PCT:3621 ':707 ^372 52,;4 273 55 62 3628-PCT:3620 617 380 61 5 172 3629-PCT 3629 466 289 62.0 114 47 51 3631-PCT 3631 535 308 57.5 114 39 53 3632-PCT 3632 414 252 60.8 130 42 37 3634-PCT 3634 728 , :370 5O.a 126 :'4b 89 3635-PCT 3636 47d 270 56:4 112 36 '50 3646-PCT:364-6 _ 3" 219 56.4 103 '26 ..',:40 _. 3647-PCT 3647 525 304 57.9 144 45 44 4043-PCT 4043 787 489 62.1 215 64 79 4051-PCT 4051 648 396 61.1 184 50 78 4052^PCT-4052 507 %316 62.7 : 130 46 73 4053-PCT 4053 1625 ::383 61.2 185 47 ;.53 4055-PCT::4055 1b1 `1291 63:'1 121 :> 41 57 4056-PCT 4056 8 1 12.5 1 0 0 4071-PCT 4071 624 394 63.1 181 53 60 4072-PCT 4072 440 212 48.1 94 19 50 4078-PCT 4078 597 394 65i9 197 51 47 4079-PCT'4079 605 :337 55.7 157 51 : 45 4086-PCT 4086 574 Z73 di 4: 170 47 61 4087-PCT 4057 679 287 42.2 117 44 61 4088-PCT 4058 756 508 67.1 245 68 72 4096-PCT 4096 558 356 63.7 188 43 51 :4097--PCT::4097 :497 29N 59i1 .133 '44 50 4098-PCT 1098 305 19d 64,4 109 13 24 4110-PCT <1110 -633 3b1 570 141 37 69 4118-PCT 4118 564 366 64.8 180 52 38 4122-PC7 4122 666 401 60.2 2121 66 43 4126-PCT 4126 675 386 57.1 205� 47 56 COUNTY OF SANTA CLARA •11/20/86 344 i GENERAL ELECTION. NOVEMBER 4. 1986 32 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT - WARD 2 . a � Nw z zO w as 00 LL ( z z W W e+ e Z 1- 4 0 w H O 1- t- 0 Ln N • .••. 0: 4 z 0 z .•. J z a t-�+ Y 0 0 .a 0: O to z . LL W 4 —H 4 Q J .. LY CA F- g 0 O g 4 4127-PCT 4127 600 325 : 54.1 156 44 55 4128-PCT 4128 557 307 - 55.1 k25 36 53 4138-PCT 4135 545 341 ,:62.5 162� JS 37 4144-PCT 4144 465 276 58.9 147 22 55 4149-PCT 4149 649 423 65.1 175 55 76 415D-PCT 4150 490 288 50.7 130 36� 59 4151-PCT 4151 165 96 58.1 53 9 14 4152-PCT 4152 388 -270 :69.5 107 49 44 4153-PC7 4153 410 167 :39.9 64 . 20 B7 4154-PCT 4154 567 310 54.6 170 33 29 4155-PCT 4155 695 355 51.0 157 63 52 4721-PCT 4721 4 2 50.0 1 0 0 6015-PCT 6015 648 322 `'49.6 142 Sl SS 6602-PGT.6602 470 271 .:57,6 106 ',38 61 6677-PCT 6677 :' 45 31 ::6848 15 4 2 ABSENTEE TOTALS 49684 2312 4.627 3 GRAND TOTALS 49684 31749 63.9 5029 (4 15 49d4 to it COUNTY OF SANTA CLARA 11/20/86 345 GENERAL ELECTION. NOVEMBER 4. 1986 33 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT - WARD 5 a to W z 00 ui as 00 LL L W W cx Do Z H Q>Y O to ...i t Z' Q � Q F rJ to to T a Z tx to f- -0 W t O Z 3 F to O 0 W t t- Z 0. 1-W C7 _i a O N 2 W < a..,0 a 00 f- 7-O Z 2003-PCT.2003 822 497 60.7 316 - 2004-PCT 2004 661 401 60.6 233 2007-PCT.2007 858 470 .54.7 277 2008-PCT 2008 474 268 56.5 167 2009-PCT 2009 554 338 61.0� 191 2010-PCT 2010 373 185 49.5 113) 2011-PCT '2011 712 322 46.2 199 2014-PCT 2014 526 337 63.8 222 2015-PCT 2015 710 410 57.7 264 2016-PCT 2016 687 376 54.7 223 2017-PCT 2017 503 321 63.8 242 2020-PCT 2020 810 540 66.6 351 2021-PCT 2021 457 291 'i:63.6 190 2025-PCT 2025 452 303 : 67.0 184 2026-PCT 2026 400 305 .63:5 "191 2028-PCT 2028 826 513 62.1 331 _ 2031-PCT 2031 486 292 60.0 182 2034-PCT 2034 799 524 65.5 340 2038-PCT 2038 133 292 67:4 185 2039-PCT 2037 451 317 70.2 2i4 2044-PCT 2044 487 273 '56.0 182 2046-PC7 2046 418 255 61.0 163 2047-PCT 2047 878 565 64.3 348 2043-PCT 2048 456 272 59.6 177 2052-PCT 2052 881 `'539 '61:1 349 2053-PCT 2053 450 270 60-0 160 2055-PCT,2055 626 293 44.a 162 2056-PCT 2056 595 374 62.8 209 2057-PCT 2057 695 369 53.0 194 2059-PCT 2059 494 269 54.4 144 2061--PCT 2041 551 296 :53.7 162 2062-PCT 2062 798 :423 53.0 236 2045-PCT 2065 460 268 57-2 153 2068-PCT 2068 523 342 65.3 229 2069-PCT 2069 482 321 66.5 185 2072-PCT 2072 510 304 59.6 197 2075-PCT 2075 "579 3b0 d21 203 2076-PCT,2076 .4342 .335 61.d ; . . 211 2078-PCT:''2076 462 ;'310 -67 A 200 2081-PCT 2081 817 547 66.9 363 2086-PCT 2086 788 525 66.6 334 2087-PCT 2087 430 277 64.4 181 2088-PC7'`2058 344 ' 343 62;6 `;241 . ;! 2090-PCT;2090 509 329 64:d 233 2095-PCT 2095 44'2 3II7 .69.4 `205 1. 2096-PCT 2096 511 308 60.2 212 2097-PCT 2097 467 257 61.4 188 2098-PCT 2098 903 534 59.1 363 2102-PC7:2102 -'813 4" 49.8 243 2104-PCT 2104 "451 .368 '56.5 224 2107-PCT'2107 525 351 >6618 218 2108-PCT 2105 862 531 61.6 344 2109-PCT 2109 541 356 65.8 229 2110-PCT 2110 601 397 66.0 273 2112-PC7 211Z 61,6 379 >d1:5 241 2113-PCT 2113 501 317 6.'2 202 2115-PCT 2115 =551 3216 59:1 198 2116-PCT 2116 452 280 61.9 194 2117-PCT 2117 490 324 66.1 231 2118-PCT 2118 533 351 65.8 237 2119-PCT;'2119 543 305 56.1 174 2121-PCT 2121 653 422 64:6 265� 2122-PCT 2122 340 318 .18.8 202 2123-PC7 2123 579 350 60.4 233 2124-PCT 2124 359 194 54.0 137 2129-PCT 2129 514 314 61.0 202 2130-PCT'2130 '363 246 68:3 174 2136-PCT '2136 496 2382-POT 2382 s405 ' ' 253 :62.4 172 2543-PCT 2543 457 124 27.1 67 _ 2544-PCT 2544 769 348 45.2 172 2545-PCT 2545 754 503 66.7 I 285 I F COUNTY OF SANTA CLARA 11/20/86 346 ' GENERAL ELECTION. NOVEMBER 4. 1986 33 HID-PENINSULA REGIONAL OPEN SPACE DISTRICT - WARD 5 a 1 ww Z w 0 ace 00 o ww �i- 0 0 o ul ��Z r c> V)U)S a Z � w r ...p w t' Z3t- N OJ Z W I 1— U' J z 0.l w W Q OtA0 M o: coF m pz t 2546-PCT.2546 513 264 51.4 169 2547-PCT 2547 555 290 52.2 166 2546-PCT 2548 536 '311 ;58.6 155 2549-PCT 2549 395 117 29.6 69 2551-PCT 2551 594 112 18.8 46 2552-PCT 2552 671 259 38.5 126 2554-PCT 2554 398 192 32.1 118 ABSENTEE TOTALS 458Ob 2063 4.5 GRAND TOTALS 45806 28866 63.0 177511 i f 1-86- 124 (Meeting 86-29 December 10 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT. December 8 , 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes , District Clerk SUBJECT: San Mateo County Election Results Attached is the Certificate of Election Results from Marvin Church, San Mateo County Clerk that we received today at the District office (see report R-86-120 of December 4, 1986 ) . CERTIFICATE OF COUNTY CLERK In the Matter of the CANVASS OF VOTES ) CAST AT THE MIDPENINSULA REGIONAL OPEN ) SPACE DISTRICT GENERAL DISTRICT ELECTION ) held on November 4, 1986 ) I , MARVIN CHURCH; County Clerk, do hereby certify to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, that after the closing of the polls at the General District Election held on Tuesday, the 4th day of November, 1986, pursuant to the Midpeninsula Regional Open Space District Resolution No. 86-30 dated May 28, 1986, said consoli- dated election being held within the Midpeninsula Regional Open Space District, Wards 5 and 6 for the purpose of electing Members to the Board of Directors; That in .accordance with Section 17081 of the Elections Code I caused to have taken off and recorded from the voting machines used at said election the record of votes cast atsaid polling places within the District for candidates for Member, Board of Directors, Wards 5 and 6; and I caused to be canvassed the absentee ballots cast at said election for candidates; .and The following named persons received the highest number of all votes cast for Member, Board of Directors, Midpeninsula Regional Open Space District: WARD 5 NONETTE G. HANKO WARD 6 GERRY B. ANDEEN I HEREBY FURTHER CERTIFY that said record of votes cast at the polling places and the results of the absentee ballots cast for various candidates for the office of Member, Board of Directors is set forth in A Exhibit "A ' attached hereto and incorporated herein by reference as though fully set forth at length. p IN WITNESS WHEREOF, I hereunto affix my hand and seal of office this day of December, 1986. MARVIN CHURCH COUNTY CLERK . _ -YHIBIT "A" STATEMENT OF RESb. F VOTES CAST GENERAL ELECTION, lvcSDAY, NOVEMBER 4, 1986 PAGE NUMBER 015.00001 R e T M N M J G S M M S L C D S E A U 1 0 1 E M E E E Y H A i G !. R 0 N D N R C A A 0 N A N 0 1 L N - E - C R S S U N R I N S '0 0 P T P Y Y S U U E L E E T T U E T E E R R i T E L Y E S T N E N J 8 R E E A T S D A P A P S A A C C p$H ` M M M V T N K N' L D E P 8 E A S O S C E A E 0 8 A T 8 C R A A 0 N P S D M S A S C C S E L E E S C M T I w M T M N N A A A R R K 5 6 3 SAN MATED 28 621 371V60, 14 6 136 14 SAN MATEO 33 41t 17 SAN MATEO 34 49 24 121 fi 115 107� "- SAN MATEO 35 422 22 107 58 944 8 SAN MATEO 36 40 22 16 SAN MATEO 72 43 264 16 78 124 12SAN MATEO 73 50 27 4 24 4 4SAN MATEO 74 46 27 16 11 11 13( SAN MATEO 76 47 272 66. �(( SAN MATEO 77 44B 264 68.9 107 66 911 9 SAN MATEO 95 401 242 60. At SAN MATEO 98 44 2 /67.1 35� 24 4 2 SAN MATEO 99 336 10 66. 188 3g7� 1 1 8a 81 SAN MATEO 100 41 271 60. 120 2 102 124 SAN MATEO 101 431 25 59.6 34 SAN MATEO OUTSIDE 1 477 306 54.1 112j 97 SAN MATEO OUTSIDE 2 444 27 62. 141 87 SAN MATEO OUTSIDE 3 336 239 71.1 ATHERTON 1 61 346 67. 17292 18 9 29t 1fi ATHERTON 2 48 344 70.4 5 17 ATHERTON 3 385 24 63. 4 1i 111 fi5 1BI 10� ATHERTON 4 367 22 61. 27 9 g 6 i211 g ATHERTON 6 34 23 66. 601 76 N 9IOG 6 37 23 64. 61127 132 10 131 115 ATHERTON 7 447 214 47. 3 111 10 65'' 120i 91 ATHERTON 8 64 34 63.6 7 17 184 971 20 " 16 ATHERTON 9 43 281 64. 77 12 15 71 162 161 ATHERTON 10 483 291 60.2 fi 12 164 St U '' 127 ATHERTON 11 20 145 70. 4 6 71 4f 8q 74 ATHERTON 12 292 19 67. 46 7 95 4 1 94 ATHERTON 13 40 26 61,1 53 121 14C4 74, 161, 12 BELMONT 1 588 326 66.4 8) f�� BELMONT 2 62 28 64.7 14 B 1211 121 BELMONT 3 624 287 64.7 13 64 10 1t BELMONT 4 427 28 66. 15 85 745 15 BELMONT 6 34 241 60. 12 6 .111 107 BELMONT 6 411 28 70. 15 721 11 131 24 6 BELMONT 7 382 202 62. 104 5 851 97 BELMONT gg BELMONT 9 466 262 68.E 2 14T 6 132� 12 BELMONT 10 347 212 61. 11 6 100� 9 BELMONT 11 43 29 67.1 0( 122 BELMONT 12 481 27 56.7 BELMONT 13 48 30 62. 16 7 133 1i4 BELMONT 14 60 301 61.4 BELMONT 15 44 262 1�8.4 � 112 BELMONT 16 50 3311 861.6 16 84 137I 132 BELMONT 17 49 317 3.6 17 77 14 13 BELMONT 18 46 91 64. BELMONT 19 44 242 63. I16 644 1851q 124 BELMONT 111 20 45 26 67. 1126.3 67 119 134 BELMONT 21 471 261 59. BELMONT 22 367 176 47. 92 3N 8� 8 BELMONT 23 492 314 63. BELMONT 24 605 325 64. 17 9 146' 1d7 BELMONT 25 338 209 61. BELMONT 26 387 177 45.7 84 j2 8 11 3 BELMONT 27 40 27 67. ii BELMONT 28 26 16 62. 174 42'' t69{ 152 BELMONT 29 372 215 67.7 11 58{ 941 99 BELMONT 30 610 29' 67.2 q BELMONT 31 46 26 64. .161 55! 19 19 BELMONT 32 354 2tA fi0.4 pay BELMONT OUTSIDE 1 6 34 50. 6'�I '-I ' BELMONT OUTSIDE 11 2 491 317 64.6 17 7r 154 18 s FOSTER CITY 1 665 317 66. 147 74 127� 12 F05(fR CITY 2 44 27 61. Bt 4GJ 84 iy FOSTER CITY 3 411 241 68. FOSTFR CITY 4 357 216 60. 0' 1- 1 FOSTER ITV i 41 24) a9.( FOSTER iTY 8 375 23t 91. 10 4471 i91 14)' FOSTER CITY 10 495 26 54. 6 FOSTER CITY Ii 380 23 60. 197 45,` gf4 t81 FOSTER CITY 13 5371 30 67. 14 771 12& 13 FOSTER CITY 14 579' 316 64.4 165 tit 14 154 FOSTER CITY 17 431 236' 55. 12 46� /O5 i0t FOSTER CITY 19 3$ 23, 61,3 E1t� FOSTER CITY 20 38 21 55. Ii -1 FOSTER CITY 21 466 2 67_ 12 711 10� 103 FOSTER CITY 22 554t 32 67.7 FOSTER CITY 23 482 284 58. 164 Bq 133 127' FOSTER CITY 25 426 244(( 57, it 57 118( 12. FOSTER CiTY 26 394 2351 69. 9 69� 831 8 FOSTER CITY 27 535� 300 56. 3 FOSTER CITY 30 707 357 50.4, 11 17 157! 16Ei LA HONDA 1 459 269 68.1 4 4j LA HONDA 2 37 21Q 71.0 4 6�I LADERA 1 4 H� 25 63.1 6 111{ 134 3 11 12 LADERA 2 40 26 67. 6. 12 154 5 144 /4 LAKE RA 36 447 316 `22:4 6 162 167 16- 161 LAKE 1 7 10. 2i! ( 2� LOS TRANCOS 1 415; 27 fi6.5 67 111 141I 6 114 11 MENLO OUTSIDE 1 3 2 60.6 I 4 PORTOLAIVALLEY 1 6�t 336 66.1 84 134 14 67� 164' 13 STATEMENT OF RES._. Or VOTES CAST GENERAL ELECTION, TUESDAY. NOVEMBER 4, 1985 PAGE NUMBER 015.DD002 R B T M N j M -N G S M M S L C D S E A U I O!x I A E M 'E E E Y H A i G L R D N D N R C A A 0 H A N D i L N - E P- C R S S U N R I N S 0 0 P T P Y Y S U U O E L E E T T U E T E E R R i T E L Y E S T H E N 1 8 R E E A T S' E C 0 H`0 x V C C H A w M M D A P A ?P E A A S E N;E. L N R O L P V T N K N L D E B E A S 0 A IS C E E 0 8 A T B C R A 4A 0 N p S 0 M S A S E kE S C M T I N A A T M N R {R X D ED 6 $8 3 i d a PORTOLA VALLEY 2 30 21 70. { 41 104 PORTOLA VALLEY 3 38 26 69. 4 10 19i' ;7 10 107 PORTOLA VALLEY ♦ 431 301 69. 6 137 151 61 t6r 161 PORTOLA VALLEY 5 30 22 72. 2 g 9 2 101 91 PORTOLA VALL EY 6 40 27 66.51 6 116 t3 7 t PORTOLA VALLEY 7 4; 216 64.51 64 11B 12 47 13 126 PORTOLA VALLEY 8 304 216 70.4 6 81 104 4 11 R SAN CARLOS 1 491 297 60.4 158 SAN CARLOS 2 61 311 69.9 r 18 $1 167 16 SAN CARLOS 3 454 294 64.7 161 94 132 12 SAN CAR LOS LOS l 4 4 3 26 t.6 SAN CARLOS 5 393 t9 54. ' 13r� 75 115 tt 10{ 5 5 8) t SAN CARLOS 8 C 5 6 367 19 63.r g SAN CARLOS 7 444 24.g, 65.N 156 64 121 18 SAN CARLOS 8 407 260 61.4 1 4 62 118 107 SAN CARLOS 9 405 243333IIII 60. 104 SAN CARLOS 10 476 297 62. 15 1 88 141 13 SAN CARLOS 11 511 35 69. Ig 10 151 164 SAN CARLOS 12 40 25 63.4 a 164, 90 142 12 SAN CARLOS 13 401 251 62.F. 147 64 113 12 SAN CARLOS 14 423 244 67.61 22 62 IAC 12 SAN CARLOS 16 42 264 62. SAN CARLOS 16 41 26 64.1 1318 $ 128 12 SAN CARLOS 17 401 287 71.5� 14 79 126 115 SAN CARLOS 18 426 274 64.31 SAN CARLOS 19 445 247 66. 134� 76 117 i95 SAN CARLOS 20 428 263 61 Al 145 $ i6 124 SAN CARLOS 21 437 281 64.31163 1 SAN CARLOS 22 411 287 69.81 156, 95 14 138 SAN CARLOS 23 46 31 68.4, p 67 SAN CARLOS 24 38 26 65 ' 2� SAN CARLOS 26 42 28 66. 15 80� 142I 12 SAN CARLOS 26 43 267 60. 161 go 138 t34 30 at SAN CARLOS 27 41 28 697 142 79 71 14 1g SAN CARLOS 28 41 237 56: SAN CARLOS 29 493 285 67, SAN CARLOS 30 66 325 68.t 171 9 167 16t SAN CARLOS 31 413 24) 69.8� i34 8 124 rli SAN CARLOS 32 42 26 62.3 157 g1 164 12 SAN CARLOS 33 427 27 66.3� 51 SAN CARLOS 34 44 26 57.au SAN CARLOS 35 37 267 68.9 13 61 131 12 SAN CARLOS 36 431 277 61. 17 95 154 133 SAN CARLOS 37 427 287 67: 164 77 167 16 SAN CARLOS 38 255 117 45. g 41 63 4 SAN MATEO OUTSIDE 6 626 317 60. 246 3 SAN MATEO OUTSIDE 6 608 335 659 1 256 SAN MATEO OUTSIDE 7 62 33 63:41 { 2�1 449 43. SAN MATEO OUTSIDE 1 7 ; 1 SELBY i 355 197� 56.41 71 69 9 63 87 B SELBY 2 429 249 68. 8 8 14 8 131 12 SELBY 3 48 3031 61. 1/ 85 15 90 157 135 SELBY 4 401 264 63. f 10 83 13 78 126 11 SELBY 6 447 302 4 9 95 16 go 156 14 SELBY 6 54 1 36.t SKYLINE 1 47 31 65. 84 9 11I 7 1 12 SKYLINE 2 411 23 58.tt 6 91 5 36 63 44 PALOMAR 1 38 24 62.fi1 144 7 124+ 124 PALOMAR 2 36 245 66.9( { 1331 64 134 131 WOODSIDE t 42 281� 66:6 5 117 147 73� 13 111 WOODSIDE 2 384 25 67.41 64 9 121I 6 115 951 WOODSIDE 3 379 26 70,4i59 134 185E 8 15 t6 wOODSiUE 4 362 23 63.6 67 8 11 5 1200 10 WOODSIDE 6 44 261 W Z 6 102 127' 64 130 101 WOODSIDE 6 30 2041 67.31 63 6 101� 6qq� 85� 10 WOODSIDE 7 354 21 6t.8 42 9 i2 66 12 8 WOODSIDE 8 341 B4 6 , WOODSIDE 9 3511 211 52,E 551 6 9 4 8 84 wO00StDE 10 3t7 21t 66 5ti 9 t2�� B1� 12' 94� WOODSIDE 1t 1 24120:� � iC� i'I � i4 ALAMEDA t 19 13 67.e� 3 47 <4 ALAMEDA 2 462, 317I 68.q" 711 141 17 841 16i3 147 ALAMEDA 3 41f 284 68.21 1 6S� 10 145 6h 12 11$� ALAMEDA 4 44 2871 64 3i 8:. 115 153 68 141` 12 ALAMEDA 6 4571 241 63.6 7 126 i5 ' 48' 131 112� ALAMEDA 6 4511 27 61. 71 97 124 6 114 125 EAST PALO ALTO 1 62� 22N 43. , 75 EAST PALO ALTO 2 435 20GY 45.9 E9 EAST PALO ALTO 3 38c� 142, 36.7; 6b EAST PALO ALTO 4 496 tSQq 30.tt 45" EAST PALO ALTO 5 4671 1321 28 2r 4 6 ' EAST PALO ALTO 6 411! 14& 33.6f 41 EAST PALO ALTO 7 464 1861 46.t3 7 EAST PALO ALTO 8 46 1921 4t.5% 6� EAST PALO ALTO 9 435j 193i 44.�j 41 2 7t EAST PALO ALTO t0 433� t6$ 38.1! � B 24 EAST PALO ALTO 11 46L4 14 5! 30.g 75 LAST PALO ALTO 12 47 206! 43.91 66 EAST PALO ALTO 13 490 183, 37.E �9 EAST PALO ALTO 14 421� 1461 34,6, 57, EAST PALO ALTO 15 455 161 35.3, 55� EAST PALO ALTO 16 442 1811 40.4 1 30 1 . EAST PALO ALT 17 381 to 11.9 I 6p� 4t� EA$T PALO ALT f8 371 11 2 .6i 338{ EAST PALO ALT 19 337 7 �4`_ } 36� i4 STATEMENT OF RES, F VOTES CAST GENERAL ELECTION, ,-.SDAY, NOVEMBER 4, 1986 PAGE NUMBER 015.00003 R B T M N M N G S M M S L C D S E A U I 0 1 A E M E E E Y H A I G L R D N D N R C A A 0 N A N D i L N - E - C R S S U N R i N S '0 0 P T P Y Y S U U 0 E L E E T T U E T E E R R I T E L Y E T S T N E N E 8 R E E A S R M M E C 0 H 0 N C C H w V T N K N L' t. 0 E P L 8 E A T S O S C E A E 0 8 A T Q C R A A 0 N P S D it S A S E E S C M T I W M T EME N N A R R x D D V 6 6 3 EAST PALO ALTO • 20 451 196 43.4 7 4 EAST PALO ALTO 21 483 177 W6 6 3 EAST PALO ALTO 22 362 137 38.9 66 2 LAKE 1 449 272 60.5 165 80 11 12 LAKE 2 384 263 65.8 77 as 137 74 122 12 LAKE 3 466 283 60.7 91 10 152 71 14 135 LAKE 4 667 398 69.6 128 122 193 99 178 164 MENLO PARK 1 471 171 36. 6 2 MENLO PARK 2 411 272 56.1 76 112 MENLO PARK 3 368 158 42.9 54 1 Ili MENLO PARK 4 45 165 36.4 49 2 MENLO PARK 5 31 167 62.3 48 62 MENLO PARK 6 491 209 60.8 76 1281 MENLO PARK 7 464 270 69.4 75 9 MENLO PARK 8 457 277 60.6 80 118 MENLO PARK 9 45t 297 65.8 90 12 MENLO PARK 10 412 242 68.7 74 8 MENLQ PARK 11 26 18 72. 51 6 44 p 8 MENLO PARK 12 4i 27 66. 87 11 MENL Op PARK 1 MENL PARK 14 452 293 64.8 83 12 MENLO PARK 16 447 212 47.4 68 1 MENLO PARK 17 312 204 65.3 42 tpl MENLO PARK 18 29 204 68. 3 102 94 36 96 9 MENLO PARK 19 298 201 67.4 62 76 10' aa 8 87 MENLO PARK 20 285 17 62. 3 8 89� 37 81 8 MENLO PARK 22 396 256 64.3 72 95 125 68 116 10 MENLO PARK 23 41 289 70.4 62 136 J34 75 129 11 MENLO PARK 24 361 24 58. 36 16 120 1 12 t0 MENLO PARK 25 At 4 305 73. 6 i6" 15 64 167 13 MENLO PARK 26 284 19 70. 31 104 tit 4 116 9 MENLO PARK 27 347 25 73.7 3 161 13 6 t56 13 MENLO PARK 28 35 20 67. 61 6 9 4t 87 74 MENLO PARK 29 48 28 69. 6 115 131 8 12 11 MENLO PARK 30 34 21 64. 6 67 1 38 9 9 MENLO PARK 31 38) 245 64. 65 127 11' 6 122 114 MENLO PARK 32 367 201 64.7 67 67 9 3 9 9 MENLO PARK 33 44 27 62.6 42 126 12N 78 128 it MENLO PARK 34 512 383 70.8 64 209 210 123 208 167 MENLO PARK 35 487 283 58.1 69 127 151 85) 161 12 MENLO PARK 36 171 129 76.4 23 72 82 3 8 6 MENLO PARK 37 39 22 67. 41 87 104 41 10 8 MENLO PARK 38 37 222 69. 57 6 1 37 93 8 MENLO PARK 39 414 267 64.4 6 110 /3�j 6 13 11 MENLO PARK 40 297 175 58. 3 54 7& 32 7 54 MENLO PARK 41 375 24 64. 32 143� 118'p1I1 56 124 101 MENLO PARK 42 41 294 71.1 4 i6 147 60 144 13 MENLO PARK 43 353 19 66. 64 65 8� 34 6 7 MENLO PARK 44 56 32 68.1 14 1' 6� i i MENLO PARK 45 494 30 62. 7 14 16f3' T666,,, 166 147 MENLO PARK 46 439 307 69. 65 160 41 741 149 147 MENLO PARK 47 245 163 65.6 43 69 7 3' 74 6' MENLO PARK 48 410 257 62. 6 87 1046 107 97 OAKS 1 387 195 60. 75 4 8 4 B 7 OAKS 2 40 189 46. 73 54 96 34 7 7 OAKS 3 428 188 43. 76 67 98I 64 82 8 OAKS 4 195 113 67. 37 37 66' 34 45 5 OAKS 6 293 145 49.4 66 37 6G 39 44 6 OAKS 6 299 134 44.8 45 31 59 34 47 6 OAKS 7 402I1 231 67.4 87 71 1211 6 10 104 OAKS 8 422 260 69.2 77 71 1111 69 89 it' OAKS 9 414� 257 62. 89 6 127 6& It 1133 OAKS 10 414 2511 61.1 B 67 i ifs 6 lO4 97 OJT REDWOOD CITY i 4U'' 23t 66. tt6s 6 9 101 REDWOOD CITY 2 42 214 60. t00 6 0q 6 REDWOOD CITY 3 24 15 63.7 6I� 6° 7 7' REDWOOD CiTY 4 38 20 54. 99t 6 8 REDWOOD CITY 5 33 230 67. lilt 56� 10 10 REOwDOO CiTY 6 371 191 61.4 107, 6C 99� 85 REOwCOD CITY 7 363� 14 38.393f 18 47. 76 I F 64 64 f1E0x000 CITY 8 1 0 61 89 94 REDWOOD CiTY 9 440 23 ' . �33 78 1133 1816� REDWOOD CITY 10 36 48 1T4 48. REDWOOD CiTY it 402 217 53. 123 61 lit 104 REDWOOD CITY 12 28 18 62.2 933,,' 451 'J 6& " REDWOOD CITY 13 445 2t 48.9� 105? 65 91 88 REDWOOD CITY 14 442 271 61.3( 129 7211 it i• '"•,� REDWOOD CITY 16 404 221 54.7 1211 611 105 lo� REDWOOD CiTY 16 38� 19' 50. li 65 AF 82 REDWOOD CITY 17 3" 213 65.6 t0g 64' 8� 9q REDWOOD CITY 18 344 18 64. tJtx 5 9- T REDWOOD CITY 19 444' 281 63.2 15p1 71 14, 13 REDWOOD CITY 20 39 21 53.784,REpw00D CITY 21 437 291 66.6 1b 71 1 2 84 154 160� REDWOOD CITY 22 381 23 61.1 142J 8 122 ii REDWOOD CITY 23 380 241 63.4 14g 69 137� 13: REDWOOD CiTY 24 4041 267 66. 159 72 154 145� REDWOOD CITY 25 42 26 61.4' 13 to 851 12Fa 10('� REDwOOO CiTY 26 35fj 193 64. 94, 6 8ti{ 8 REDWOOD CITY 27 37' 205 55.1 111! 551 9fp 1U2 REDWOOD CITY 28 238 109 45.7 49 3. 6U! 4 REDWOOD CITY 29 467� 209f 44.7 1011 REDWOOD CiTY 30 4761 31 ' 66.1518F & 161 16 { REDWOOD CITY 31 38 224 67. 123 63 11 11' REDWOOD CITY 32 474 26 r 63., 1.q Try 127 117 REDWOOD CITY 33 47 27 58. � ���.^._ 16J' 9Fii Uf� 13 STATEMENT OF RE4 JF VOTES CAST GENERAL ELECTION. TUESDAY. NOVEMBER 4. 1986 PAGE NUMBER 015.00004 R 8 T M N M N G S M M S L C D S E A U l 0 1 A E M E E E Y H A 1 G L R D N D N R C A A 0 N A N 0 I L N - E - C R S S U NiR I N S 0 0 P T P Y Y S U U 0 E L E E T T U E T E E R R I T E L Y E S T N E N E 8 R E E A T S R W M E C 0 H 0 W C C H W D A P A P E A A pp L S E N E L N R 5 M M V T N K N L D E P B E A T S 0' S C E A E 0 B A T 8 C R A A 0 N P S 0 111 S A 5 E E S C M T I E 0 N W W T M N A A A R R % 6 6 3 REDWOOD CITY • 34 181 120 66.2 651 33 5 6 REDWOOD CITY 35 363 152 43.0 61 6 72 REDWOOD CITY 36 512 272 53.1 17 6 15 14 ` REDWOOD CITY 37 417 22 63.4 12 6 124 9 REDWOOD CITY 38 30 172 56.7 93 488 76 84 REDWOOD CITY 39 444 255 57.4 1364 71 126 127 REDWOOD CiTY 40 428 226 62.6 116 71 102 9 REDWOOD CITY 41 477 286 69.7 156 87 151 124 REDWOOD CiTY 42 465 293 63.0 1 61j 100 1581 15 REDWOOD CITY 43 366 245 66.9 119, 72 102 14 kEDw00D CITY 44 344 242 70.3 56 67 1321 141 REDWOOD CITY 46 383 267 69.7 1371 84 12 13 REDWOOD CITY 46 351 233 66. 12& 71 135 127 REDWOOD CITY 47 46 305 66. 170 ip 16 15 REDWOOD CITY 48 357 184 61.5 121 63 105 8 REOwOOD CITY 49 336 227 67.6 1281 84 115 124 REDWOOD CITY 50 386 20 52.7 103� 6' 87 8 REDWOOD CITY 51 454 247 54.4 1Nq 8 105 Ill REDWOOD CITY 62 27 16 60.5 102$ 61 81 10 REDWOOD CITY 63 42 26 fi0. 132 7' 125 126 REDWOOD CITY 64 39 264 66. 169 89 136 131 REDwDOD CITY 65 43 28 66. 17$ 92` 16 141 REDWOOD CITY 66 484 26 64. 158 85{ 127 134 REDWOOD CITY 67 405 28 69.1 81 10 16fh 81 i6 143 REDWOOD.CITY 58 341 21 62.1 119 8 121 117 REDWOOD CITY 69 3 22 61. 117• 62 11 11 REDWOOD CITY 60 Ji 2J fi6.6 17� 87 15 141 REDWOOD CITY 61 614 307 69.7 169 9 163 164 REDWOOD CITY 62 38 26C 65. 146i 7 13t'� 13 REDWOOD CITY 63 37 234 62. 142; 7 125 11 M REDWOOD CITY 64 371 22 61.7 12p 11 117 REDWOOD CITY 65 52 31) 6O. 6 12 183, 10 i6 14 REDWOOD CITY 66 41 247 69, 16� 91 13 121 REDWOOD CITY 67 434 262 60.3 7 19 LID 99 137 12' REDWOOD CITY 68 563 337 60.9 103 122' 193; 97 182 16 REDWOOD CITY 69 448 291 64.9 78 ii 159; 101 157 16 REDWOOD CITY 70 475 267 66.2 145 77 132 11 REDWOOD CITY 71 416 240 67. 118 6 116 Ill ABSENTEE BALLOTS-TYPE ELBY7 354 33 178 97 157 14 ABSENTEE BALLOTS-TYPE 9 9 35 3 ABSENTEE BALLOTS-TYPE 10 21 4 1 ABSENTEE BALLOTS-TYPE 11 523 113 231 254, 134 307 256 ABSENTEE BALLOTS-TYPE 12 2685 1427 770 1379 127 ' ABSENTEE BALLOTS-TYPE 15 107 26 4 ABSENTEE BALLOTS-TYPE 16 656 114 324 310 172 318 30 ABSENTEE BALLOTS-TYPE 17 40 12 14 2 1 27 1 ABSENTEE BALLOTS-TYPE 1 6 ABSENTEE BALLOTS-TYPE 2 8 2 12 � ABSENTEE BALLOTS-TYPE 21 65 13 22 31 16 28 1 ABSENTEE BALLOTS-TYPE 22 123 27 68 56 26 62 54 ABSENTEE BALLOTS-TYPE 23 76 41 ABSENTEE BALLOTS-TYPE 24 87 17 22 ABSENTEE BALLOTS-TYPE 25 36 21 11 23 2 ABSENTEE BALLOTS-TYPE 26 9 30 3 62 33 64 44 ABSENTEE BALLOTS-TYPE 27 22 55 87{ ABSENTEE BALLOTS-TYPE 2t3 1 6jl� 4 ABSENTEE BALLOTS-TYPE 2. 1 4 8 ABSENTEE BALLOTS-TYPE 3 81 14 3 3 ! 2 32� 341 ABSENTEE BALLOTS-TYPE 31 90 16" 44 466 23DI 508 40 ABSENTEE BALLOTS-TYPE 32� 14 4 47 811 39 73 63 ABSENTEE BALLOTS-TYPE 33 680 76 217t 34 3461 ABSENTEE BALLOTS-TYPE 34 732 S991 267, 392 3761 ABSENTEE BALLOTS-TYPE 36 146 31 63 81 441 70 72 T 0 T A L S .... 131898 85567 64.8 831 7956 1269 121 48 37705 1970t 34867 33074 I r { I � II R-86-117 (Meeting 86-29 December 10 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 20 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Rescheduling of December 24 Regular Meeting to December 22 Recommendation: I recommend that you reschedule your December 24 meeting to Monday, December 22 beginning at 7 :30 P.M. at the Dis- trict office, Old Mill Office Center, 201 San Antonio Circle, Building C-135 , Mountain View. Discussion: Your second Regular Meeting in December falls on Christmas Eve. According to your Rules of Procedures , the meeting is to be cancelled or rescheduled. As previously discussed with you, it will be necessary to have at least two meetings in December, and the December 22 date seemed to be best for the rescheduled meeting. �'. me MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DF-TE: December 5, 1986 Alw"W" 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 25 , 1986 Susanne Wilson, Chairperson Board of Supervisors Santa Clara County 70 West Hedding San Jose, CA 95110 Dear Chairperson Wilson and Members of the Board: At its meeting last night the District 's Board of Directors approved an extension to the Permit to Enter Agreement for the Monte Bello Road emergency bypass route through the Picchetti Ranch Area of Monte Bello Open Space Preserve. This extension would allow the County to reactivate the emergency bypass route through the Preserve in the event that Monte Bello Road should again become impassable in that vicinity this winter. Three signed copies of this agreement, as pro- posed by County and District staff, are enclosed for your consideration. Please return two executed copies. Although we understand County staff 's desire to study as one long-term solution to the road problem a route which would completely avoid the present alignment along Swiss Creek, we are deeply concerned that such an alignment might cut through the heart of this lovely, increasingly popular Preserve. Therefore, we urge the County also to study and pur- sue alternatives which would avoid this eventuality. We are very pleased that the cooperative spirit of the County and Dis- trict in arriving at short term solutions has minimized the disruption to travel by residents along Monte Bello Road. We look forward to working with you on long term solutions that will provide a good perma- nent road for the public and will protect the integrity of the Picchetti Ranch Area. Sincerely yours , Edward. Shelley, ?resident Board of Directors ES:ds cc: MROSD Board of Directors Ronald and Rolayne Stortz Herbert A.Grench.General Manager Board of Directors.,Katherine Quay_Nonette_r—Hankn TAona Nmosbaw Rirha«s n.n n cw... .a r c u ,. ._. r,.,_-- r.__,__ a �w Asa -'e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 December 4 , 1986 Ms . Audrey Rust Executive Director Select Peninsula Open Space Trust 3000 Sand Hill Road Building 4 , Suite 135 Menlo Park, CA 94025 Dear Audrey: Congratulations on your appointment as POST' s Executive Director`! I 'm really looking forward personally to working with you. Please give me a call when you have a chance so that we can schedule an initial meeting. I 'd also like our Board and staff to meet with you in the near future. Sincerely yours , Herbert - Grench HG:ej General Manager /cC: MROSD Board of Directors Herbert A.Grench,General Mana.er Board of Directors:Katherine Duff, Nonette G.Hanko Teena Hen=htw Rr h�r' nto- ENVIRONMENT- PeninsulaOpen Space Trust easements and transferred to public agen- expertise in loaning it out, and figuring out cies or private buyers, the intricacies of retaining open space,even In the past, POST has worked to acquire when it is sold back to private interests. as new project, new director such well-known lands as Windy Hill (now For example, five crops now grow on the part of the Midpeninsula Regional Open Cowell Ranch property, and cattle graze by Kathleen Donnelly plenty of experience in raising money for Space District), and Cascade Ranch (now some of the land. Rust says it is possible other causes. part of the California State Park system). that POST would sell the property to Audrey Rust has to raise$2 million in Rust was recruited for the Sierra Club Rust describes POST's role as similar to private owners after first ensuring that the cash before Aug. 31, 1987. job from Yale University, where she public has access to certain parts of it, The massive fund-raising cam- worked as a fund-raiser. Before that, she eluding the coastline. paign will be one of the first hurdles Rust worked at Stanford, in that university's of- `" But first, POST must acquire the land. will face as the new executive director of the five of development. .- And that brings Audrey Rust back to the Peninsula Open Space Trust. Better known That's where she met Bob Augsburger, question of the $2 million to be raised by its acronym, POST, the .Menlo Park- who left his job as vice president for " before Aug. 31. based organization is dedicated to protect- business and finance at Stanford in 1977 to "It's really a natural treasure," she ing open land. take over as executive director of the newly- of the land. "It's simply beautiful."■ Rust, who is currently director of the founded POST. fund-raising arm of the Sierra Club, will Augsburger,who has run POST for near- become only the second executive director ly 10 years,says he "decided it was time for in the 10-year history of the organization, POST to have some different talents and taking over for Robert Augsburger on Jan. energy." However, he will still be available 1, 1987, just as POST j gears up for its as a consultant to the organization. largest fund-raising campaign ever to pay As Augsburger helped look for someone for its largest land acquisition ever. to take his place, the task took on a shade The land, known as the Cowell Ranch, is of deja vu. In 1977, Augsburger, who located just south of the town of Half helped start the open space trust, was look- Moon Bay and includes almost 10,000 feet ing for someone else to be the executive of ocean frontage,including sandy beaches. director. He asked Rust to come by for an POST must raise $2 million by Aug. 31, interview, and she did. Rust explained,to qualify for a$2.5 million "I was mostly a fund-raiser at that gran[ from the S.H. Cowell Foundation, point," Rust remembered, "and I said to the owners of the land. Raising the initial them, `Wait a minute, you guys don't have �� ry money would also qualify POST for a five- anything yet to fund- raise for."' year, $2.2 million loan from the Cowell In the 10 years since the organization was Margaret Moulton Audrey Rust, new director of POST.Foundation that would complete the sale. founded, that has changed. POST has "So, we're really talking about a $6 worked closely with publicly-funded million budget," Rust said. "That's a much groups, like the Midpeninsula Open Space that of a bank. "It is often the case that bigger project than POST has ever taken on District and the California State Park (public agencies) don't have the money to before." system, and with private landowners alike hold lands," she said. "We're like a bank However, it's not a bigger project than to keep open space open. in that we bring money in from our Audrey Rust has ever taken on before. As Generally, POST, a private, non-profit depositors and then make loans out. We director of development for the Sierra organization run by a board of directors of facilitate the possibility of open space." Club, based in San Francisco, Rust helps prominent local citizens, acquires land and Although Rust's experience lies mostly in raise about $16 million a year. And she has then holds it until it can be protected by bringing money in, she has gathered some r + a f • r .......... SANTA CLARA COUNTY jM TRAIL GUIDE INDEX A BIBLIOGRAPHY AND INDEX i p Prepared by the SANTA CLARA COUNTY INTERGOVERNMENTAL COUNCIL'S TRAILS & PATHWAYS COMMITTEE and the SANTA CLARA COUNTY OFFICE OF PLANNING Available from the TRAIL INFORMATION & VOLUNTEER CENTER October 1986 I THE TRAIL INFORMATION & VOLUNTEER CENTER The Trail Information & Volunteer Center (TIVC) is a nonprofit volunteer organization formed in 1982 to provide information about Peninsula parks and trails and to organize volunteers to construct and maintain trails. TIVC sells maps and books about Peninsula trails, publishes a monthly activity schedule, coordinates work projects such tree relatednto Peninsula Dr igs and Trail ,lsand acts as a clearinghouse to dispense information For more information, contact the Trail Informaton & Volunteer Center, 4898 E1 Camino Real f205A, Los Altos, CA 94022 (415) 968-7065. THE IGC TRAILS & PATHWAYS COMMITTEE The Trails & Pathways Committee was established in 1974. The countywide Trails & Pathways Master Plan prepared by the Committee was adopted unanimously in 1978 by the Planning Policy Committee (PPC), the predecessor of the Intergovernmental Council (IGC). Reprinted in 1982, the Master Plan has subsequently been adopted as an element of the County's General Plan and is reflected in most of the y cities' General Plans as well. The Plan proposes a countywide network of hiking, jogging, bicycling, and equestrian trails. Since the Plan was adopted, the Committee's general responsibility has been to encourage and facilitate the implementation of the Plan. Specifically, this has involved such activities as: o Serving as a forum for the discussion of trails and pathways issues, o Proposing trail implementation priorities, o Publicizing existing trail facilities, o Reviewing parks and trail funding proposals, o Participating in intergovernmental trail planning conittees, o Sponsoring field trips to familiarize local officials and staff with trails and pathways accomplishments and opportunities, and o Reviewing development proposals which may affect the implementation of the Trails & Pathways Master Plan. Staff support to the Trails & Pathways Committee is provided by the Santa Clara I County Office of Planning. For further information, contact the IGC Trails & Pathways Committee, Santa Clara County Office of Planning, 70 W. Hedding St. , San Jose, CA 95110 (408) 299-2521. ill TABLE OF CONTENTS I. Bibliography of.Local Trail Guidebooks . . . . . . . . . . II. Index to Local Trail Guidebooks . . . . . . . . . . . . . . . . . . 3 Space Lands . . . . . . . . . . . . S . 3 A. City Parks and Open p B. Santa Clara County Parks. . . . . . . . . . . . . . . . . . . . . 4 C. MidP eninsuia Reg. Open Space Dist. Preserves. . . . . 5 D. State Parks, National 'Wildlife Refuges, and misc. . . 6 III. Directory of Agencies and Organizations. . . . . . . . . . . . 7 t k 1. BIBLIOGRAPHY i BBB* Birding at the Bottom of the Bay: A Site Guide to Seeing the Birds in Santa Clara County Edited and compiled-'by Wyatt and Audrey Stoye Published by Santa Clara Valley Audubon Society, 1983 100 pages BR 50 Bikin Holida s: 50 Scenic Tours to Pedal from Old Monterey to the Golden Gate by Joan Jackson Published by Valley publishers, 1977 104 pages BRT The Best Running Trails of the San Francisco Bad Area by Barry Spitz Published by City Sports Publications, 1978 144 pages FBR Family Bike Rides• A Guide to Over 40 Specially Selected Bic cle Routes in Northern California by Milton A. Grossberg Published by Chronicle Books, 1981 112 pages FTH Favorite Trails of Northern California Horsemen by Doni Hubbard Published by Hoofprints, 1980 202 pages MBT Mountain Bike Trails of the Bay Area by Charles Anderson Published by Charles Anderson, 1984 44 pages NTH New Trail Adventures for California Horsemen b Don i Hub bard I Y Published by Hoofprints, 1985 199 pages ODG An Outdoor Guide to the San Francisco Bay Area (Fourth Edition) by Dorothy L. Whitnab Published by Wilderness Press, 1984 364 pages * Guidebook titles are abbreviated in the pages which follow. 1 PT Peninsula Trails: Outdoor Adventures on the San Francisco Peninsula by Frances Spangle & Jean Rusmore Published by Wilderness Press, 1982 206 pages S CM The Ex ended Santa Cruz Mountains Trail Book (Third Edition) by Tom Taber Published by The Oak Valley Press, 1982 94 pages SBT South Bay Trails: Outdoor Adventures Around the Santa Clara Valley by Frances Spangle & Jean Rusmore Published by Wilderness Press, 1984 297 pages 55R 55 1j2 Running Trails of the San Francisco_ Bay Area by Tony Burke Published by Heyday Books, 1985 133 pages t. II 1�. INDEX A. City Parks and Open Space Lands teas==ssxmsaasasasm:aammassxsssssmaasssamaaaamasssssmmxmxasmsassmrmmssammamsmmscrosmas ,i,) TRAIL GUIDE* sssmss=sssss asassxaecmaseass smss assssmmsssxexsscrosm CITY PARKS, AND OPEN SPACE LANDS BBB BH BRT FBR FTH MBT NTH ODG PT SBT SCM 55R ssassaasaasmaesssmasamssmaaamma:mma --- --- --- - - --- --- --- --- --- --- -- Alum Rock Park (San Jose) X X X X X Arastra Trail (Palo Alto) • X - Bol Park Path (Palo Alto) X X - Hakone Gardens (Saratoga) X Kelley Park (San Jose) X X Lake Cunningham Park (San Jose) X - McClellan Ranch Park (Cupertino) X Mountain View's Shoreline (M-V-) X - Overfelt Park (San Jose) X Palo Alto Baylands X X X X Palo Alto Foothills Park X X X .(Open to Palo Alto residents only) Palo Alto Yacht Harbor _ X Sunnyvale Baylands Trail (Sunn.) ' - - Wildwood Park (Saratoga) X t ---------------------------------------- * An 'X' in a column indicates that the trail guide includes information concerning that park or trail. mxaasxsasasascasssasmssssssmsasssssassxasassmssssascxssseamsasaassssasacsssassawessssssss . 3 B. Santa Clara County Parks :caaFsaFFlasFaaczFsicasFFalmsaascaaffis!!iffilaFFlSisalsaciiizaaaziiaaaFliFl:alcFFi!ffis!c!a!z=F:s TRAIL GUIDE* iffi!!!ffi C C aT.ii!yCCay^.aF a!!FT_F'�!!!F!!!!!i F!!a i iiaII2FlF!i!i'-mCli i XAPS? SANTA CLARA COUNTY BBB BH BRT FBR FTH MBT NTH ODG PT SBT SCM SSR YIN* PARKS *' _ lFaaFssslimxa'�aasaeFaaeiaalaazaFffiaeas --- --- --- --- - X X YAlmaden Quicksilver X , N Anderson Reservoir X N . X X Calero Reservoir X X X X X X N Coyote Creek Parkway X Y Coyote Creek Pkwy - Hellyer Unit X Y Coyote Reservoir X X X Y Joseph D. Grant X X X X X Y Ed Levin _ Y X X Lexington X exin ton Reservoir N Los Gatos Creek Y X X• Lower Stevens Creek X X Motorcycle Park X X X X Y Mt. Madonna X N Penitencia Creek X N Rancho San Antonio X X y X X Sanborn-Skyline X X Y Santa Teresa X • X N Sunnyvale Baylands X X Y Uvas Canyon X Y Vasona Lake X X Y X Villa Montalvo Arboretum o o ' ----- * An 'X' in a column indicates that the trail guide includes information concerning that park or trail. s and Recreation and TIVC. t. of Park _._._ 8 available from County Dept. _, _ --FllFicFsiasaa�aax-_-�:. Ma P saaacsaasa_aaacaa_a zs�-arilsassscsffiapCxmeaaiseccasaa-smsffiaaz C . Midpeninsula Regional Open Space District ( MROSD) Preserves r TRAIL GUIDE* MAPS? MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MROSD) PRESERVES BBB BH BRT FBR FTH MBT NTH ODG PT SBT SCM 55R YjN** Duveneck Windmill Pasture X X Y E1 Sereno X X X Y Fremont Older X X X Y Los Trancos X X X X e Monte Bello Ridge X X X X X X Y X X Y Pichetti Ranch Y Rancho San Antonio X X X X Saratoga Gap • ' X Y % X Y Sierra Azul • X . 'f Stevens Creek Shoreline ' X N ---------- - ----------------------------------- * An 'X'-in-a-column indicates that the trail guide includes information concerning that park or trail. ** Maps available from Midpeninsula Regional Open Space District and TIVC. =ox== + f I D. State Parks, National Wildlife Refuges, and Miscellaneous maaaaa aamaasamammamamaasaamcxaaseaaaaamaaamaammmamaacaacaaammmaamaaamxcmammammamaamaama TRAIL GUIDE* mmaam=aaammmaaammasamaascaaaaam:maac::maaamammam STATE PARKS BBB BH BRT FBR FTH MBT NTH ODG -PT SBT SCM 55R a,aaaammaama=a.amaaaamaaaamaamaoma - - --- --- --- -" X . X Henry Coe X 14ATIONAL WILDL IFE REFUGES BBB BH BRT FBR FTH MBT NTH ODG PT SBT SCM 55R :mamamamamaaammsmamaaaaaaaaaaaaa --- -"- _ . X Alviso Slough S.F. BayX . Wildlife Re fuge e X Na tional nal 1 g Na MISCELLANEOUS BBB -BH BRT FBR FTH MBT NTH ODG 'PT SBT SCM 55R p ------------------------- Guadalupe River (San Jose) . Hidden Villa X ------------------------------------------ ------------------------------------------ * An 'X' in a column indicates that the trail guide includes information concerning that park or trail. mmamamaam aaa aramacaaaaamass=m.^_aacmaasza ascarom•emaamaamammaaamaaa=maaaaamasaaammamaaasacaaa 6 t w i t11. DIRECTORY Henry Coe State Park P.O. Box 846 Morgan Hill, CA 95037 (408) 779-2728 i 1 IGC Trails & Pathways Committee 70 W. Hedding Street, East Wing, 7th floor CSan Jose, CA 95110 (408) 299-2521 l� I Midpeninsula Regional Open Space District 201 San Antonio Circle Building C-135 Mountain View, CA 94040 (415) 949-5500 San Francisco Bay National Wildlife Refuge U.S. Fish and Wildlife Service P.O. Box 524 Fremont, CA 94560 Headquarters/Interpretive Center (415) 792-0222 Alviso Environmental Education Center (408) 262-5513 Santa Clara County Department of Parks and Recreation 298 Carden Hill Drive Los Cato@, Ca 95030 (408) 358-3741 Santa Clara County Office of Planning 70 W. Hedding Street, East Wing, 7th floor San Jose, CA 95110 (408) 299-2521 Trail Information & Volunteer Center 4898 El Camino Real, #205A Los Altos, CA 94022 (415) 968-7065 7 Page 6, Leisure Lines OL acquisition,rehabilitation and improvement of property and for the life Conservation Board for the acquisition, enhancement, restora- purchase of supplies and equipment. tion, or protection of lands which support unique, fragile, or SB 2032 Support endangered plants, animals or natural habitat. Subsequent (Beverly)Assault and battery. amendments deleted the above bond act provisions and increased . pending action by Governor. the 1986-87 budget appropriation for the Wildlife Conservation Measure would include traffic officers,park rangers, and animal Board payable from the Environmental License Plate Fund. control officers among the category of persons for which an assault SB 1454 Watch or battery would require an enhanced penalty. (B.Greene)Local agencies:fees. SB 2041. Support • Pending action by Governor. (Watson)Care facilities:licensure. Measure originally would have limited park in-lieu fee dedica- . DROPPED BY AUTHOR. tions to estimated reasonable cost of providing the service. CPRS' Measure would have required licensee to submit fingerprints to requested amendment exempting parklands and trails incorporated the licensing agency within 5 working days(rather than 20)follow- into measure removing previous opposition. ing employment. Would also have required Department of Social SB 1754 Support Services submit the fingerprints to the Department of Justice (Roberti)Day care services. within 10 working days of receipt. • Pending action by Governor. S$2154 Support Measure k numerous relative eas a w ould,ma a nu ero s changes re at a to state Stan- (Presley) . dards and reimbursements to extended day care centers. Liability. • Pending action by Governor. SB Su 2023 Support Q PP Measure would provide that there is no monetary liability on the L. Greene Loans to child care facilities. ( ) art of and n a a cause of action P ct on for damages shall arise i g against,any • FAILED PASSAGE,ASSEMBLY FLOOR,DEAD. nonpaid director who is also a nonpaid officer of a nonprofit public Measure would have enacted the Child Care Facility Loan Act to benefit corporation where the duties are performed in good faith,as make short-term loans of up to$25,000 to child care facilities for the specified. .Mist :day Regional Park. District AP roves Bicycle Use Regulations lations A policy regulating all bicycle use in Redwood Regional Park, Doyle said, miles of hiking and riding trails will regional parklands was approved where there have been collisions be affected by the new policy, and will unanimously by the East Bay between cyclists and other park users, be off limits to bicycles. This will Regional Park District Board of and some riders have been thrown leave some 750 miles of parkland fire Directors. Directors took the step from horses. He has received about 35 roads, service roads and bicycle paths partly in response to increasing popu- complaints in the last several years. still open to cyclists. In other park- larity of mountain bikes, bicycles "We're lucky we have had no serious related action on Tuesday, directors whose heavy-duty construction ena- injuries," Doyle added. approved a new 1986 fee schedule for bles their use on rough trails in more Besides safety concerns, the new parklands, effective immediately. remote areas. policy was prompted by erosion darn- The schedule calls for no increase in The regulation states that bicycles, age on some parkland trails due to parking and entrance fees at district including mountain bikes, are permit- bicycle use. Mountain bike riders at parklands. In fact at Shadow Cliffs ted only on fire roads, service roads, Tuesday's meeting contended that the Regional Recreation Area in Pleasan- and bicycle paths in regional park- proposed limitations on bicycle riding ton, the current $1.50 weekday park- lands. Bicycles will not be permitted were too all-inclusive, that limits ing fee will be eliminated from Oct. 15 off trails, or on the narrower dirt should be imposed on a case-by-case through Feb. 15, to encourage fishing trails used by hikers and horseback basis. Several speakers noted that use. This revenue loss is expected to riders. Increasing popularity of bicy- mountain bicyclists have to ride on be more than offset by increased boat cles, especially mountain bicycles, hiking trails to complete loop trips rentals and food sales. Boat rental had led to trail use conflicts and some between fire roads. fees at district lakes will be increased accidents. Doyle said that the PAC has asked 50 cents per hour. The policy was recommended by the for specific recommendations from Another change will be in fees for district's Park Advisory Committee cyclists regarding what connecting reserving group picnic areas. District (PAC),representing a broad spectrum trails were needed, but none were residents (Alameda and Contra Costa of citizens and park user groups,after forthcoming. Park board president Counties) will pay the same rates, but almost a year of discussion. Robert Ted Radke'of Martinez noted that the higher charges will be re-instituted for Doyle, the district's acting chief of PAC will review the new policy in a non-residents. For example, the fee to land acquisition, told board members year. In the meantime, PAC and staff reserve a 50-person picnic site will be that the new policy seemed a reason- will welcome any specific suggestions $35 for residents, $50 for non- able "middle road" solution to the for connecting trails, Radke said. residents. problem. In approving the new bicycle policy, Overall the fee increases are fie noted that the district's nar- directors authorized a change in the expected to generate an additional 1.6 rower trails were not designed for district ordinance governing parkland percent in revenue over 1985, eom- bicycles, but for hikers and horseback use. The new policy will go into effect pared to a 3.8 percent increase in the riders. The problem is most serious at in about 30 days. Some 200 to 250 cost of living during the past,year. CLATMS No.86-23 Meeting 86-29 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Dec. 10,. 1986 REVISED C L A I M S Tr Amount Name Description 9312 41 .10 AmeriGas Tank Rental 9313 96. 17 AT&,T Telephone Rental 9314 70.00 Brannons Rentals & Sales, Inc. Chair Rental 9315 2,600.00 Brauer Grading Grading--Sierra Azul Preserve j 9316 44.65 Bruce's Skywood Gas & Towing Fuel for District Vehicles 9317 42.98 Carleen Bruins Private Vehicle Expense 9318 1 ,000.00 California Advocates, Inc. Legislative Consultant Fee--November 9319 32.82 David Camp Private Vehicle Expense 9320 25.00 DFM Associates Election Code Book 9321 391 .68 Discount Office Supply Office Supplies 9322 300.00 Lindsay Emerson hater Service--Skyline Ranch 9323 4 0.00 Foss & Associates Personnel Consulting Fee--tyovember 9324 53.76 Walter D. Goggin Private Vehicle Expense 9325 35.00 Golden State Report Subscription i 9326 265.98 Herbert Grench Reimbursement--Meal Conference and Out-of-Town Meeting Expenses 9327 700.00 David M. Gr.iffith & Associates,Ltd. Consulting Fee--Worker's Compensation 9328 37.33 Harbinger Communications Computer Expense 9329 141 .24 Honeywell Protection Services Alarm Service 9330 346.04 The Hub Schneiders Ranger Uniform Expense 9331 85.91 Mobil Oil Company Fuel for District Vehicles 9332 390.00 National Recreation S Park Seminar Registration--C. Bruins and Association David Topley 9333 39.95 Northern Hydraulics, Inc. Protective Clothing 9334 318.00 Onni Power Systems Electrical Repairs--Mt. Umunhum 9335 172.49 Pacific Bell Telephone Service 9336 23.50 Pacific Gas and Elctric Company Utilities 9337 10.59 Peninsula Blueprint, Inc. Drafting Supplies 9338 3.42 ' Rancho Hardware Field Supplies 9339 270.71 Redwood Trade Bindery Brochure Folding 9340 180.90 Reef Industries, Inc. Signs 9341 93.95 Chris Saenger Reimbursement--Water Storage Tanks ' 9342 101 .08 San Francisco I-later Department I-later Service ' 9343 1 ,247.45 Santa Clara County/Sheriff's Patrol Services Department 9344 5,796.32 Scribner Graphic Press, Inc. Ail-Site Brochure and Office Supplies CLAIMS No. 86-23 Meeting 86-29 Date: Dec. 10, 1986 Amount REVISED Name Description. 9345 41 .39 Sears, Roebuck and Company Equipment Parts 9346 387.08 Shell Oil Company Repairs and Fuel for District Vehicles 9347 833.94 Glenn L. Smith Consulting Services--planning . 9348 38. 10 Unocal. Fuel for District Vehicles 9349 199.85 Value Business Systems Equipment Repair 9350 2722.67 Yardbird Equipment Sales Equipment Repair 9351 - 16,759.02 Holtzmann, Wise & Shepard, Dr. Legal Services--Hosking 9352 5,000.00 Alan R. Milner, as trustee Property Purchase--Milner 9353 576,000.00 Valley Title Company Property Purchase--North 9354 445.78 David Hansen Reimbursement--Conference Expenses 9355 150.90 Petty Cash Maps, Subscriptions, , Xeroxing, Meal Conferences and Office Supplies I,I -, I • CLAIMS Nb.86-23 Meeting 86-29 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Dec. 10, 1986 C L REV I SED-__... • A I M S 7 Amount Name Description 9312 41 .10 Americas Tank Rental 9313 96. 17 AT&T Telephone Rental 9314 70.00 Brannons Rentals & Sales, Inc. Chair Rental 9315 2,600.00 Brauer Grading Grading--Sierra Azul ' Preserve , 9316 44.65 Bruce's Skywood Gas & Towing Fuel for District Vehicles 9317 42.98 Carieen Bruins Private Vehicle Expense 9318 1 ,000.00 California Advocates, Inc. Legislative Consultant Fee--Ilovember 9319 32.82 David Camp Private Vehicle Expense 9320 25.00 DFH Associates Election Code Book 9321 391 .68 Discount Office Supply Office Supplies 9322 300.00 Lindsay Emerson Water Service--Skyline Ranch 9323 J0.00 Foss & Associates Personnel Consulting Fee--I;ovember 9324 53.76 Halter D. Goggin Private Vehicle Expense 9325 35.00 Golden State Report Subscription 9326 265.98 Herbert Grench Reimbursement--deal Conference and Out-of-Town Meeting Expenses 9327 700.00 David M. Gr.iffith & Associates,Ltd. Consulting Fee--Worker's Compensation 9328 37.33 Harbinger Communications Computer Expense 9329 141 .24 Honeywell Protection Services Alarm Service 9330 346.04 The Hub Schneiders Ranger Uniform Expense 9331 85.91 Mobil Oil Company Fuel for District Vehicles 9332 390.00 National Recreation & Park Seminar Registration--C. Bruins and Association David Topley 9333 39.95 Northern Hydraulics, Inc. Protective Clothing 9334 318.00 Omni Power Systems Electrical Repairs--Mt. Umunhum 9335 172.49 Pacific Bell Telephone Service 9336 23.50 Pacific Gas and Elctric Company Utilities } 9337 10.59 Peninsula Blueprint, Inc. Drafting Supplies 9338 3.42 ' Rancho Hardware Field Supplies 9339 270.71 Redwood Trade Bindery Brochure Folding 9340 180.90 Reef Industries, Inc. Signs 9341 93.95 Chris Saenger Reimbursement--!Dater Storage Tanks 9342 101 .08 San Francisco Water Department Water Service 9343 1 ,247.45 Santa Clara County/Sheriff' s Patrol Services Department 9344 5,796.32 Scribner Graphic Press, Inc. All-Site Brochure and Office Supplies CLAIMS No. 86-23 Meeting 86-2a, Date: Dec. 10, 1986 REVISED 77 Amount Name Description 9345 41 .39 Sears, Roebuck and Company Equipment Parts 9346 387.08 Shell Oil Company Repairs and Fuel for District Vehicles 9347 833.94 Glenn L. Smith' Consulting Services--planning 9348 38. 10 Unocal, Fuel for District Vehicles 9349 199.85 Value Business Systems Equipment Repair 9350 2722.67 Yardbird Equipment Sales Equipment Repair 9351 . 16,759.62 Holtzmann, Wise & Shepard, Dr. Legal Services--Hosking 9352 5,000.00 Alan R. Milner, as trustee Property Purchase--Milner 9353 '576,000.00 Valley Title Company Property Purchase--North 9354 445.78 David Hansen Reimbursement--Conference Expenses 9355 150.90 Petty Cash Maps, Subscriptions, , Xeroxing, Meal Conferences and Office Supplies I