HomeMy Public PortalAbout19861222 - Agendas Packet - Board of Directors (BOD) - 86-30 Meeting 86-30
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949-5500
? :30 P.M. RESCHEDULED REGULAR MEETING 201 San Antonio Circle
Monday BOARD OF DIRECTORS Suite C-135
December 22, 1986* A G E N D A Mountain View, CA
(7 :30) **ROLL CALL
APPROVAL OF MINUTES (November 24 , ,1986)
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
ADOPTION OF AGENDA
SPECIAL ORDERS OF THE DAY
(7 :45) 1. Resolution Honoring Robert Augsburger
Resolution Honoring Robert Augsburger
BOARD BUSINESS
(7 :50) 1. Approval of Agreement With Prudential-Bache Securities to Serve
as Managing Underwriters of Negotiable Promissory Notes -- M. Foster
(8 :10) 2. Selection of a Planning Consultant to Update the District' s
Master Plan -- D. Hansen
20) 3. Appointment of Peace Officer -- D. Hansen
I Resolution Appointing Peace Officer
(8 :25) 4. Proposed Additions to the Sierra Azul Open Space Preserve - Mt. Umun
hum Area: Lands of (1) Schofield, (2) Howatt et al. and (3) Miller
et al. -- 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 Schofield)
Resolution Authorizing Acceptance of Purchase Agreement - Bargain
Sale, Authorizing Officer to Execute Certificate of Acceptance of
Grant to District, and Authorizing General Manager to Execute Any
and All Other Documents Necessary Appropriate g or A ro riate to Closing of the
Transaction (Sierra Azul Open Space Preserve - Lands of Howatt et al. )
Resolution Authorizing Acceptance of Purchase Agreement - Bargain
Sale, Authorizing Officer to Execute Certificate of Acceptance of
Grant to District, and Authorizing General Manager to Execute Any
and All Other Documents Necessary or Appropriate to Closing of the
Transaction (Sierra Azul Open Space Preserve - Lands of Miller et al. )
(8 :55) 5 . Proposed Jamison Property Addition to the Mt. Umunhum Area of the
Sierra Azul Open Space Preserve -- C. Britton
Resolution Authorizing Acceptance of Purchase Agreement - Bargain
Sale , Authorizing Officer to Execute Certificate of Acceptance of
Grant to District, and Authorizing General Manager to Execute Any
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
and All Other Documents Necessary or Appropriate to Closing of the
Transaction (Sierra Azul Open Space Preserve - Lands of Jamison)
(9 :05) 6 . Proposed Winkle Property Addition to the La Honda Creek Open Space
Preserve -- C. Britton
Resolution Accepting Gift of Real Property, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other Documents
Necessary to Closing of the Transaction (La Honda Creek Open Space
Preserve - Winkle Property)
(9 :15) 7. Proposed Procter Property Addition to the Thornewood Open Space
Preserve -- C. Britton
Resolution Accepting Gift of Real Property, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other Documents
Necessary to Closing of the Transaction (Thornewood Open Space Pre-
serve - Procter Property)
(9 :25) 8. Initial Legislative Program for 1987-1988 Legislative Session and
Contract for Legislative Consultant Services -- H. Grench
(9 :45) 9. Dedication Status of District Lands -- H. Grench
Resolution Dedicating In't-0—rests in Certain District Lands for
T,
Public Open Space Purpose#,
(10 :00) 10. Accelerated Payment of Notes used to Purchase Land -- C. Britton
(10 :05) INFORMATIONAL REPORTS
CLAIMS
CLOSED SESSION (Land Negotiation and Litigation Matters)
ADJOURNMENT
*The December 24 Regular Meeting was rescheduled to December 22, 1986.
**Times are estimated. Agenda is subject to change of order.
TO ADDRESS THE BOARD: When an item you're conceAned with appeax6 on the agenda,
the ChaiA wZU invite you to addtas the Board at that time; on otheA matteX6, you
may ad&taz the Boa under OAat Communications. An af-teAnative .its to comment to
the Boa&d by a WAitten Communication which the Board appteciata- Each .6peakeA WiU
and ina&ity be timited to 3 minutes. When tecognized, pteaze begin by stating youA
name and addxe6s. We Aequest that you 6itt out the Aotm p"vided and ptezent it to
the Recotding SecAeta,%y so that your name and adder s can be accutateZy inctuded in
the minutez.
OPEN SPACE PRESERVES
The Use and Management 'Plafi'- kdVibw"!§-'fdr'-Russian Ridge and Long
Ridge Open Space Preserves are tentatively scheduled for the
January 28 Board meeting. Please send your written comments ,
ideas, and concerns to David Hansen, Land Manager by January 14
so that they can be considered in drafting the staff report.
Meeting 86-28
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE,135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949-5500
RESCHEDULED REGULAR MEETING
BOARD OF DIRECTORS
NOVEMBER 24 , 1986
MINUTES
I. ROLL CALL
President Edward Shelley called the meeting to order at 7 : 37 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Edward Shelley, Harry Turner, and Richard Bishop.
Member Absent: Nanette Hanko.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Mary Hale, Jean Fiddes, James Boland, Del Woods , Stanley Norton,
John Escobar, Dennis Danielson, and Cecilia Cyrier.
II. APPROVAL OF MINUTES
November 12, 1986
Motion: D. Wendin moved that the Board approve the minutes of
i
November 12, 1986. T. Henshaw seconded the motion.
The motion passed 6 to 0.
III. WRITTEN COMMUNICATIONS
C. Cyrier stated that the Board had received the following written
communication:
1) a letter from Candace Stone, President, Portola Park Heights
Property Owner' s Association, dated November 20 , 1986 , requesting
Item 7 concerning the Emergency Access Road in the "Policy Regarding
Private Use of Emergency Access Road Over Long Ridge Open Space
Preserve" be deleted,
E. Shelley said this communication would be addressed in the second
agenda item.
IV. ORAL COMMUNICATIONS
There were no oral communications .
i
V. ADOPTION OF AGENDA
i
E. Shelley stated that the agenda was adopted by Board consensus.
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry
ry A.Tumor,Daniel G.Wendin
Meeting 86-28 Page two
I
VI. BOARD -BUSINESS .
A. Final Status Report on Legislative Program for 1985-1986 Legislative
Session (Report R-86--111 of November 13 , 1986)
H. Grench noted that the staff report relayed the final status of
the District' s Legislative Program for 1985-1986 legislative session.'
He informed the Board that Ralph Heim was leaving California
Advocates, to go to another advocacy firm.
,He introduced Loren Smith, a founder of California Advocates, and
Ralph Simoni who has been with the firm for one year.
Mr. Smith and Mr. Simoni presented background information on
California Advocates and insights on the recent election as they
might effect the District' s programs.
B. Use and Management Plan Review- for, the Long_ Ridge Ogen Space-.Presery -
(Report R-86-114 of November 17 , 1986)
E. Shelley stated that the question of the road agreement would be
addressed before the rest of the Use and Management Plan. D. Hanse;--
reviewed the key elements of the proposed policy, stating that if
the policy was not adhered to, road users in vehicles would be cite-.,':
and that the District assumed no liability on use of the road. He
said that the key element of disagreement was Item 7 in which the
District would retain the right to disallow use of the School Road,
to reroute sections of the Road or to block or remove sections of
the Road.
D. Wendin, speaking on behalf of the ad hoc committee, addressed
Item 7 , stating that the District as a public district was not in
a position to give up the rights that it believes it has and that
the Portola Park Heights residents were not in
a g
position to agree
p
that the District has these rights .
He said that the District would retain the rights it has with no
intention of using them, the District is not planning to take
action to perfect rights that the District may have, that the
Portola Park Heights residents could pursue leqal rights they
think they may have, and that the District will not interfere with
use of the road per the policy as long as use continues in its
resent status . Therefore,e, the ad hoc committee was recommending
adoption of the policy by the Board.
E. Shelley stated that he understood this to be a unilateral
statement; the
e residents are not being asked to sign an agreement,
and this policy
h po cy should meet the resident' s safety requirements uirements and
continue to protect the District's rights.
William Obermayer, 22400 Skyline Blvd. , La Honda, showed the Board
an old map of the area, saying that "Long Ridge Road" in the
policy was Portol-a Park Heights Road. He noted that if Items 7
and 8 in the policy were deleted everyone could live with the
policy, but if they were not deleted., residents could lose the
rights they have over the road. He also alerted the Board to the
fact that another sign needs to be placed on the other side of
Peter' s Creek to alert hikers who had missed the first sign.
i
_ _
Meeting 86-28 Page three
Charles Touchatt, P.O. Box 254 , Redwood City, said that the
language in Items 7 and 8 of the proposed policy was threatening
since the road is vital to the community and that the wording
implied there was an intent on the part of the District to change
something. He said that, if needed, the residents would go to
court to seek a prescriptive easement over the road and, if suc-
cessful, they would no longer use the road on an emergency basis
only.
-Candace Stone, Rt. 2, Box 336 , La Honda, expressed her concerns
that the policy addressed only the Long Ridge Road and said that
it might, be easier to accept if written to address road use on all
District preserves. She said that since the roads were incorrectly
named, the proposed policy should not be accepted at this time and
questioned why a road policy was necessary since use of the road
had not been abused.
Sandra Touchatt stated that historically the main road into the
area had been the School Road until Long Ridge Road cut in from
Skyline Boulevard. She asked why use of the road was being taken
away from the residents , noting they had restricted their use of
the School Road and said that the residents had not gotten due
compensation for what was being taken away from them.
Janet Schwind, 11825 Skyline Blvd. , Los Gatos; stated that the
written document adopted by the Board was what was critical as
opposed to any verbal statements of what the intent of the
document was.
Bill Sorich, Star Route 2 , 22300 Skyline Blvd. , La Honda, . said
that the District was acting in bad faith and that he would con-
tinue to use the road anytime he wanted.
Harry Haeussler, 1094 Highland Court, Los Gatos, suggested the use
of an arbitrator to settle the road issue, noting he hated to see
taypayers ' money used on court fees.
T. Henshaw noted that the ad hoc committee had met with the
residents in the area and could not come to mutual agreement on
this item. She noted that Item 7 resulted based on Legal Counsel ' s
,advice and stated that she wished Item 7 could be deleted. She
added the question was not going to be resolved arguing back and
forth. 4
R. Bishop said that in adopting this policy the District retains
the legal rights it has at the present time and that it is not
gaining any new rights . He added that the property owners would
retain the rights they have at the present time, and that the
District' s Legal Counsel had advised inclusion of Item 7 because
a public agency cannot give up any rights it has. He noted that
the policy grants use of the School Road as an emergency road to
the residents of the area.
Meeting 86-28 Page four
in response to H. Turner's question for a brief summary of the
District' s rights on the road and how acquired, S. Norton stated
that since the District owns the land, it owns the underlying
fee to the road unless someone else can establish a right to
the road. He added that the District can allow or disallow use
of the road.
E. Shelley stated that the intent of the policy was to continue
use of the School Road for emergency use and that there had been
little abuse of the use of the road. He suggested Items 7 and 8
.be changed to read: "This policy neither grants nor removes any
rights that either District or the landowners may have. "
C. Britton suggested that the following language be substituted
for Items 7 and 8: "Nothing herein stated shall be interpreted
to give or grant to any persons or property any rights in the
lands of the District as a result of the adoption of this policy. "
A recess was called at 8 : 45 P.M. to allow the ad hoc committee
of Directors Henshaw and Wendin to meet with staff.
E. Shelley reconvened the meeting at 9 : 00 P.M.
D. Wendin stated that the ad hoc committee had failed to communicate
its intent to staff and said that in Item 7 the intent of the ad
hoc committee was that no rights were being given up by the District, '
while in Item 8, no rights were being granted to District. He noted
that Items 7 and 8 went further than necessary and that the com-
mittee was recommending that the policy be tenatively adopted with
Item 7 amended to state that "Nothing herein is intended to reduce
the rights of the District. . . . " and. with Item 8 remaining as
stated. He requested that staff fine-tune this language for the
final adoption at the next regular meeting.
S. Touchatt asked that the policy not be adopted until the residents
had seen the precise language. E. Shelley explained that this was
the first
readin
g of
P
the .Revised Use and g Manag
ement Plan, and that
fina
l adoption
p ion would not occur until the second reading.
Motion: D. Wendin moved that the Bo
ard tentatively
adopt the Policy
Regarding Private Use of Emergency Access Road over Long
Ridge Open Space
ce Pr
eserve
e as modif
ied by g d eletin the
existing Items 7 and 8 and substituting a new Item 7
reading: "Nothing
N
in
g herein shall be interpreted to reduce
the rights of th Di e
g strict in the Eme
rgency en c Access Road
g Y
or to grant property rights in the Emergency Access Road
to residents or any other persons or property. H. Turner
seconded the
mo
tion.
on. Th
e motion asked p G to !.
D. Hansen reviewed the remainder of the report, indicating that the
main management problems are night use in the Hickory Oak Ridge
area, illegal use of School Road by g those coming off Y
of Skyline
Bo
ulevard, and trespassing from the Preserve
erve onto property near
Devil' s Canyon.
Meeting 86-28 Page five
D. Woods 'reviewed the chart attached to the report detailing the
new and revised recommendations for the Preserve and showed slides
pertinent to these recommendations .
D. Hansen reported that staff had received a verbal request to
install an electric gate at g g the main Portola Park Heights ate
which would involve the District granting rights to allow an
electric line across District property from a power pole 200
yards north of the gate. He said that staff would consider the
request once a formal written request had been received, but
added that he would not encourage the use because of problems
monitoring electric gates.
K. Duffy asked about public use of the trail passing through the
Bar Y property and said that the District should consider improving
the trail from the dam to the ridge. D. Hansen said that the
public is allowed on the trail over to the dam, and D. Woods said
that it would be necessary to work with Jikoji on trail improvements .
D. Woods, in response to Harry Haeussler's question regarding park-
ing, said that the Grizzley Flat area would accommodate 7 or 8
vehicles on the County side of the road and 5 or 6 vehicles on the
District' s side. H. Haeussl.er recommended that the District seek
permission from Santa Clara County to use the side of Charcoal Road
for additional parking.
Sandra Touchatt expressed her concern that Portola Park Heights
4
residents were not given an opportunity to provide in put for the
Use and Management Plan revisions . She explained the reasons for
installing the electric gate, noted that she felt it had been very
negative working with staff and suggested installing new boundary
plaques and reflective boundary signs .
Charles Touchatt said that he recommended closing of the trail
leading to Devil' s Canyon trail because of accidents that occur
there. He also discussed the request to install the electric gate,
noting he was the individual who made the request.
H. Grench said that he had spoken with Mr. Touchatt who had agreed
to submit details of the gate proposal in writing, but that the
proposal had not yet been received.
E. Shelley asked if staff was in a position to address the question
of alignment of the power line over the CalTrans right-of-way as
opposed to over District lands . H. Grench said that considering
only the environmental impact, the CalTrans right-of-way would be
over flatter land and probably less damaging .
Bill Sorich stated that he felt the undergrounding of electricity
to the former Bean property had caused erosion problems in the
area and that Devil ' s Canyon not be shown on any of the District's
brochures.
Meeting 86-28 Page six
Willigm Obermayer discussed the following concerns: crossing
Skyline Boulevard from the Grizzley Flat parking area; need for
signing at Peter' s Creek; need for fencing at Devil 's Canyon;
the misnaming of, Diablo Road; and research relative to suggested
electric gate.
Candace Stone stated that she felt that she, as President of the
Portola Park Heights Property Owners Association, should have
received the Board report as well as an agenda and that better
communication was needed between the District and the Portola Park
'Heights residents.
Pat Chambers , Box 332 , Star Route 2 , La Honda, expressed his
numerous concerns relative to the new and revised Use and Manage-
ment recommendations, including: trail connection between Long
Ridge and Skyline Ridge Open Space Preserves; the Grizzley Flat
parking areal the metal reflective boundary plaques; and the
brochure.
Jerry Panighetti , 838 Aurora Avenue, San Jose, said that the dog
problem in the area was severe and that packs of dogs are attacking
deer.
Steve Wolf, Box 322A, Star Route 2, La Honda, said that he dial
not feel dogs were a problem, although some people were abandoning
dogs on the Preserve. He cited the need to remove a cable near
Bar Y Ranch, to sign better the grassy area of the Preserve, to
remove trash in the grassy areas , to consider restraints for
mountain bikes on trails, and the problem equestrians have crossing
Skyline Boulevard to Long Ridge. He said that he felt the Preserve
had gone downhill in the last year.
K. Duffy noted that in relation to the request for an electric
. gate that a specific detailed plan from the requesters was needed
to review and evaluate. E. Shelley said more specific information
was necessary regarding the electric gate and that he hoped the
proposal would be submitted before the next meeting.
Motion: T. Henshaw moved that the Board tentatively adopt the
Revised Use Use and Management Plan for the Long Ridge
Open Space Preserve as contained in the report. K. Duffy
seconded the motion.
Discussion: D. Wendin said that there were many issues
brought up this evening that needed to be addressed and
that he felt Long Ridge Preserve Use and Management reviews
should be preceded by neighborhood meetings before a Plan
is presented to the Board for review.
Motion to Amend: T. Henshaw moved that the motion be amended to
include that a neighborhood meeting be scheduled on the
next proposed Use and Management Plan review for the Long
Ridge Open Space Preserve. K. Duffy seconded the motion.
Meeting 86-28 Page seven
Discussion: H. Grench stated that at the annual site
emphasis review those preserves needing neighborhood
meetings before formulation of the Use and Management
Plan are identified and adopted by the Board. He said
it would not be consistent with that policy to single
out the. Long Ridge Open Space Preserve as always needing
a neighborhood meeting.
Sandra Touchatt indicated that a neighborhood meeting would
not be required at all times . She said that a committee
of neighbors, a few Board members, and staff could meet
and report back to the respective bodies .
The motion to amend passed 5 to 1 with E. Shelley voting
against the motion since he said the current site emphasis
policy as it stands works .
H. Grench recommended that the second reading of this
Plan be scheduled for the second meeting in January
because of the numerous items requiring staff response.
E. Shelley requested that copies of the second reading
report be mailed to the residents , prior to the regular
packet mailing if possible. H. Granch stated that if
the report was ready prior to the packet mailing deadline,
copies would be mailed to residents and the Board early.
The motion as amended passed 6 to 0.
C. Proposed Panighetti Property Addition to the Long Ridge Open Space
Preserve (Report R-86-115 of November 18 , 1986)
C. Britton, using the wall map, showed how the acquisition of the
property would link the Long Ridge Open Space Preserve with Portola
State Park via a parcel of land owned by the Peninsula Open Space
Trust and Save-the-Redwoods League. He reviewed the terms of the
agreement for purchase of the two parcels totalling 177 .2 acres for
a purchase price of $700 ,000 . He stated the agreement provides
for two unusual features : 1) a lease-back of the building area
until August 31 , 1987 to the Panighettis to provide them time for
removal of their personal property; and 2) the completion of a
forestry contract whereby the owner would be allowed to remove the
already cut wood prior to the end of the lease-back period.
D. Hansen showed slides of the property and explained the potential
for several loop trails through redwoods and other features of the
property. He said that signing will explain the lease area and the
permit system for hiking on Ward Road.
In response to E. Shelley asking for clarification of the permit
system, D. Hansen stated that during the nine month lease period,
the entire property would only be open under permit. He added
that site users would be crossing the property via Ward Road.
Meeting 86-28 Page eight
Janet, Schwind, 11825 Skyline Blvd. , Loa Gatos, questioned the
meaning of "numerous one-way hikes are possible beginning along
the Skyline corridor" in the second paragraph of Item D on page
three, and D. Hansen explained there were various ways to traverse
the Skyline and Long Ridge Open Space Preserves to get to the
Panighetti property. C. Touchatt and W. Obermayer expressed their
support for the acquisition, and W. Obermayer stated that the prop-
erty should not be opened to the public until it was well protected,
and that 'the house should become a Ranger residence.
'Motion: R. Bishop moved that the Board adopt Resolution 86-66,
a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Agreement to Purchase Real Property, Authorizing Officer
to Execute Certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute Any and All
Other Documents Necessary or Appropriate to Closing of the
Transaction (Long Ridge Open Space Preserve - Lands of
Panighetti) . H. Turner seconded the motion. The motion
passed 6 to 0.
Motion: R. Bishop moved that the Board tentatively adopt the Interir%
Use and Management Plan recommendations contained in the
report, including naming the property as an addition to the
Long Ridge Open Space Preserve, and indicate its intention
to dedicate the property as open space. T. Henshaw
seconded the motion. The motion passed 6 to 0.
D. Final Adoption of the Interim Use and Management Plan for the
Luckenbach Property Addition to the Sierra Azul Open Space Preserve
Limekiln Canyon Area (Report R-86-109 of November 10 , 1986)
D. Hansen stated that no public comment had been received on the
proposed Interim Use and Management Plan since the Board considered
the acquisition.
Motion: D. Wendin moved that the Board adopt the Interim Use and
Management Plan contained in report R-86-75, including
naming the property as an addition to the Sierra Azul
Open Space Preserve - Limekiln Canyon Area, and indicate
its intention to dedicate the property as public open
space, reserving the right to allow for the possibility
of the transfer of density rights on all or a portion of
the property. T. Henshaw seconded the motion.
Discussion: Rita Montgomery, 4734 Lambert Drive, Santa
Rosa, stated that her family owns the 160 acres directly
below the Luckenba h
property on the map. She expressed
their concer
ns as to what would occur on District property
and the impact on their property and questioned the status
of their
e r ac
cess
s to the
P.G.& Eroad.
D. Hansen stated that the property would be kept in its
natural state, that it would be used for hiking, and that
District Rangers would be patrolling the site. C. Britton
P
Meeting 86-28 Page e nine
said that there were no recorded easements across the
Luckenbach property.
The motion passed 6 to 0.
E. _Final Adoption of the Interim Use and Management Plan for the Blair
Property Addition to the Sierra Azul Open Space Preserve - Kennedy
Road Area (Report R-86-110 of November 1.0 , 1986)
D. Hansen' stated that no public comment had been received on the
Interim Use and Management Plan since the Board considered the
'acquisition.
Motion: R. Bishop moved that the Board adopt the Interim Use
and Management Plan contained in report R-86-38, including
naming the property as an addition to the Sierra Azul Open
Space Preserve - Kennedy Road Area, and indicate its inten-
tion to dedicate the property interests as open space.
T. Henshaw seconded the motion. The motion passed 6 to 0.
F. Proposed La Croix Property Addition to the Mt. Umunhum Area of
Sierra Azul Open Space Preserve (Report R-86-113 of November 17 , 1986)
C. Britton used the wall ma to show that the property P p p rty includes por-
tions of the ridgetop trail system in the area. He said that the
terms of the agreement call for a purchase price of $675 ,560 at
close of escrow for the two parcels of land totalling 337 .38 acres .
The Interim Use and Management Plan recommendations were outlined
by D. Hansen, and D. Woods showed slides of the property.
Motion: R. Bishop moved that the Board adopt Resolution 86-67, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Purchase Agreement - Bargain Sale, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the Trans-
action (Sierra Azul Open Space Preserve - Lands of La Croix) .
E. Shelley seconded the motion. The motion passed 6 to 0.
Motion: R. Bishop moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations contained
in the report, including naming the property as an addition
to the Mt. Umunhum Area of the Sierra Azul Open Space Pre-
,serve, and indicate its intention to dedicate the property
as public open space, reserving the right to transfer
density rights . H. Turner seconded the motion. The motion
passed 6 to 0.
G. Status Report on Monte Bello Road and Request to Extend Agreement
with County of Santa Clara for Right of Entry at Picchetti Ranch
Area (�?eort R-86-116 of November 18 , 1986)
D. Hansen reviewed the staff report, indicated that the County has
completed the temporary repair of the original road alignment, and
noted that the County has agreed to enter in a long-term study on
the road slippage and alignment problem. He said that in order to
Meeting' 8 6-2.8 Page ten
allow the temporary emergency route to remain in place during
the winter in case the repair failed, the agreement between the
County and the District needed to be extended and amended.
He stated that the County had requested the following changes in
the Amendment to "Permit to Enter" : 1) at the end of the fourth
line, fora period of one year" should be changed to read
. fol: a period of approximately one year" ; 2) the map referred
to as Exhibit A in paragraph two should be labelled Exhibit A,
rather than Exhibit B; 3) the last sentence, " . traffic lights
and utility poles" should be changed'to read . ". traffic light
fixtures and utility poles"; and 4) "Very Truly Yours" should be
deleted.
E. Shelley questioned whether the County Supervisors were aware
of the seriousness of District concerns regarding the possibility
_ of the new alignment cutting through the middle of the Preserve.
D. Hansen said that Supervisor McKenna was aware of the problem.
Discussion followed as to the best method of informing the Board
of Supervisors 'e isors of th
e he Board' s concerns on the realignment of
Monte Be
llo Road.
Motion: E. Shelley moved that the Board direct the President to
forward a letter to the Board of Supervisors detailing
the District' s concerns. T. ' Henshaw seconded the motion.
The motion
t on passed 6 to 0.
Motion: E. Shelley moved that the Board authorize the President
to execute the Amendment to the Permit to Enter Agreement
between the District and Santa Clara County with the
changes suggested by the County. H. Turner seconded the
motion. The motion passed 6 to 0.
H. Resolution Supporting the Protection of a Permanent Bay Area
Greenbelt (Report R- -
86 1 2( 1 of November 17 1986)
- P ,
H. Grench stated that this item was a follow-up to the presentation
by Jay Powell
a ell from People for Open Space at the November 3 meeting,
and th
at the organization was seeking expressions of support for a
Bay Area Greenbelt.
Motion: K. Duffy moved that the Board adopt Resolution 86-68 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Supporting the Protection of
a Permanent Bay Area Greenbelt. T. Henshaw seconded the
motion.
Discussion: H. Haeussler, referring to paragraph four
of the resolution, said the District was initially
created as a park district.
The motion passed 6 to 0.
i
Meeting 86-28 Page ele
ven
even
VII. INFORMATIONAL REPORTS
D. Hansen reported that trail etiquette brochures are presently avail-
able at the various preserve trailheads.
VIII. CLAIMS
Motion: R. Bishop moved that the Board approve the Revised Claims
86-22, dated November 24 , 1986 . T. Henshaw seconded the
motion. The motion passed 6 to 0 .
IX. CLOSED SESSION
S. Norton announced that litigation pertaining to the McQueen case
would be discussed in Closed Session. The Board recessed to Closed
Session at 11: 15 P.M.
X. ADJOURNMENT
The Board reconvened to adjourn at 12 :20 A.M. , Tuesday, November 25 , 1.986 .'
Cecilia A. Cyrier
Secretary
i
CLAIms No.8 6-2 2
Meeting 86-28
MIDPENIF ,A REGIONAL OPEN SPACE D RICT Date: Nov. 24, 198t,
. 0 L A I
REVISED
Z`1 S
Amount Name Description
9259 13.31 A-Crane Locksmith, Inc. Key Tags
9260 100.96 Adia Services; Inc. Temporary Office Help'
9261 13.20 Amerigas Tank Rental
9262 24.22 AT&T Information Systerils Group Telephone Rental
9263 180.00 Blann?ng & Baker Associates, Inc,
Subscription
9264 2 867.50 Boardworks Graphic Art Studio Preparation of Master Map
9265 27'169 4fi Lee Buffington, Tax Collector Property Taxes
County of San Mateo
9266 , * 439. 15 California Water Service Company Water Service
9267 289.24 Citicorp Industrial Credit, Inc. Telephone Lease
40.44
_ 2 4:3 Clark's Auto`Parts
_ Parts" and Repairs on -Di strict _Vehicle
9269 2, 100.00 Clevenger Realty Appraisal Corporation Appraisal Services
9270 18.62 Crest Copies BlueTines
9271 143.48 Alice Cummings Reimbursement--Conference Expenses
and Private Vehicle Expense
9272 1 , 167.30 Empire Tractor and Equipment Company Equipment Rental
9273 6,678.01 Founders Title Company Title and Escrow Fees--Zand
9274 675,560.00 First American Title Guaranty Company Property .Purchase--La Croix
9275 678.0o Foss & Associates Professional Services and Conference
Expenses
9276 350.00 Raye Girouard Patrol Services for November
9277 150.34 Goodco Press Printing
9278 304.30 Mary Gundert Reimbursement--Conference Expenses
9279 1 ,716.49 Kenzo Handa Architectural Services
9280 51 .00 Emma Johnson Reimbursement--Subscription
9231 483.00 Gail MacDonaId Photographs
. 9282 1 ,500.00 Metro Real Estate Research Appraisal Services
9233 500.00 Micro Accountinq Solutions Computer Consulting Services
9284 532.36 Hinton's Lumber and Supply Field Supplies
9�85 100.82 Roble Ford Tractor, Inc. Equipment Repair
9286 217.30 Northern Hydraulics, Inc. . Field Supplies
9287 232.40 Orchard Supply Hardware Field Supplies
9288 6.62 Pacific Gas and Electric Company Utilities
9289 34.96 Peninsula Blueprint, Inc. Bluelines
9290 750.110 Peninsula Oil Company Fuel for District Vehicles
9291 6. 12 Precision Engravers Name Tag
9292 527.51 Rent-A-Computer Computer Rental
LLAlMS No. 86-22
Meeting 86-28
Date: Nov. 24,. 194
.+ Amount REVISED
Name Description
9293 462.42 Pedro R. Silva, Probation Officer Adult Probation Workers--Los Gatos
County* of Santa Clara Flume Project
9294 190.00 County of Santa Clara Radio Dispatch Service
General Service.s'Agency
9295 655.50 Santa Clara County, Sheriff's Patrol Services
Department
9296 1 ,344.36 William P. Murphy, Tax Collector Property Taxes
County of Santa Cruz _
9297 261 .o8 Scribner Graphic Press Business Cards
9298 4, 125.00 E. R. Sheehan Trail Construction Services
9299 - 13. 17 Skyline County Water District Water Service
9300 75.00, Tek-Link Corporation Computer Programming Consultation
9301 550.00 Ticor Title Insurance
Title Pal i cy=-Gunn inOFrarn
9302 700,000-00 Ticor. Title Insurance
Property Purchase--Panighetti
9303 42.96 Unocal
Fu
el for Distric
t Vehicles
9304 200.00 Valle Title Company an
P Y Prel
iminary Title Report
9305 1 ,538.86 Wendel Lawlor Rosen
& Black
ack
Le
gal 9
al Services
9306 129.71 Western Fire Equipment Company Equipment Supplies
9307 118. 15 The Workingman's Emporiuir. Uniform Expense
9308 452.53 Xerox Corporation Maintenance Agreement
9309 145.7.9 Yardbird Equipment Sales Equipment Parts and Repairs
9310 355.24 Contemporary Engraving Company, Inc. Nameplates
9311 195. 11 Petty Cash Drafting and Office Supplies,
Meal Conferences, Postage and
Private Vehicle Expense
I
i
I
i
t
I
R-86-126
(Meeting 86-30
December 22, 1986)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 11 , 1986
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Resolution Honoring Robert Augsburger
Recommendation: I recommend that you adopt the attached Resolution
of the Board of Directors Honoring Robert Augsburger.
Discussion: Bob Augsburger will be leaving his position as Executive
Director at the Peninsula Open Space Trust at the end of this month.
Bob has been a very special friend to the District and has been in-
strumental in POST' s development and growth since 1978 .
t
RESOLUTION OF TH;E BOARD' OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT HONORING ROBERT AUGSBURGER
WHEREAS, BOB AUGSBURGER HAS SERVED AS THE FOUNDING AND
ONLY EXECUTIVE DIRECTOR OF THE PENINSULA OPEN SPACE TRUST (POST)
SINCE 19780 AND IS NOW LEAVING THAT POSITION; AND
WHEREAS., BOB PLAYED AN INSTRUMENTAL ROLE IN THE DEVELOPMENT
AND GROWTH OF HE PENINSULA OPE
N EN SPACE TRUST INCLUDING PERSONALLY
SECURING THE GIFT OF 525 ACRES THAT BECAME THE NUCLEUS OF THE WINDY
HILL OPEN SPACE PRESERVE, AND CREATIVELY ESTABLISHED POSTS LAND
ACQUISITION REVOLVING, FUND WHICH WAS, USED TO ACQUIRE RANCHO RAYMUNDO;
AND
WHEREAS UNDER BOB S LEADERSHIPi POS T HAS BEEN A UNIQUE PART—
NER FOR THE DISTRICT, AIDING NOT ONLYX�IN ACQUISITIONS OF MUTUAL
INTEREST, BUT IN THE SPECIAL PUBLIC ACCESS PROJECTS SUCH AS THE
SKYLINE RIDGE OPEN SPACE PRESERVE MASTER, PLANNAND, PEVELOPMENT PROJECT,
THE AWARD-WINNING VOLUNTEER CONSTRUCTION PROJECT"FOR THE WINDY HILL
TRAIL, AND THE JOINT PROJECT TO DEVELOP THE WHOLE ACCESS TRAIL AT
d
PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE; AND
WHEREAS, BOB' S COMMITMENT AND DEDICATION TO POST, AS WELL AS
HIS LOVE AND CONCERN FOR THE LAND, MAKE HIM TRULY A THIRD PIONEER,
AN URBAN PIONEER, WHOSE TASK IT WAS TO TEMPER THE DEMANDS OF CITY
LIFE WITH RESPECT FOR THE PENINSULA'S NATURAL HERITAGE; AND
WHEREAS, BOB IS TRULY A VERY SPECIAL FRIEND OF THE MIDPENIN—
SULA REGIONAL OPEN SPACE DISTRICT AND HAS HELPED MAKE THE SAN
FRANCISCO PENINSULA A BETTER PLACE TO LIVE; A
NOW. THFRFFnPF . THP RnAPT) nF nTur:rTnpc nc TUC n. InOCKITeiclit n
R-86-129
(Meeting 86-30
December 22 , 1986)
Nk
IVI
In=0 0M
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 15, 1986
TO: Board of Directors
FROM: M. Foster, Controller
SUBJECT: Approval of Agreement with Prudential-Bache Securities
to Serve as Managing Underwriters of Negotiable Promissory
Notes
Background: Since the District issued its 1985 Promissory Notes in
Marr•h 1985 the general level of tax-exempt interest rates has declined
by over 35% (about three percentage points) . During the past three
months , I have investigated how the District might best take advantage
of that decline to both lower and smooth out its debt service expense.
As discussed below I believe the time is right to restructure our
existing debt through a new issuance of $11 million of ten year notes
and that Prudential Bache Securities (PBS) should manage the offering.
Discussion: The objective of our financing program remains the same
as in past years : to make prudent use of our debt capacity to provide
extra funds to purchase the best open space lands before they are lost
to development. The dual objectives of the proposed issue are to lower
our financing costs and to provide at least $3 .5 million more land acqui-
sition funding in . the January 1987-June 1988 timeframe, than was 'previously ,
available. The proposal can best be summarized in the following table:
SOURCES AND USES OF THE PROPOSED $11 MILLION NOTE ISSUE
Bond Proceeds $11,000 ,000
1982 and 1985 Note Reserve Funds 780 ,500
Total Sources $11,780, 500
Purchase of Securities to defease (pay off) $ 7, 450 ,932
the 1982 and 1985 Promissory Notes
Prepayment of high interest rate land con- 1,191,000
tract debt
Underwriter' s Discount @ 1. 4% 154 ,000
Other costs of issuance 55 ,000
New reserve fund requirement 880 ,000
Addition to District general funds 2 ,049 ,568
Total Uses $11,780 ,500
The proposed new issue will bear an estimated average coupon rate of
5. 67% and no principal repayment is required until December 1990 . By
comparison the debt to be prepaid bears an average coupon rate of 7. 72%
and requires $3 . 8 million of principal repayment prior to December 1990 .
The beneficiaries of the proposed issue will be the District' s land ' :
acquisition and development programs. As shown below, the issue gene- ,
rates $4 .2 million of additional cash funding through June 1988 and
continues to show a positive cumulative cash impact in excess of $3 million
in June 1992.
R-86-129 Page two
ADDITIONAL CASH FUNDING FROM PROPOSED $11 MILLION NOTE ISSUE
($ Millions)
Debt Reserve Cummulative
Fiscal Service Requirement New New Additional Additional
Year Reduction Eliminated Money Reserves Cash Cash
1986-87 14 + 2.06 + 2.05 - 1.18 = 3.06 3.06
1987-88 1.24 - .07 = 1.17 4.23
1988-89 1.13 - .09 = 1.04 5.27
1989-90 .89 - .08 - 1.34 .52 4.75
1990-91 -.25 - .08 - .06 4.36
1991-92 -.60 - .41 - .75 = -1.09 3.27
Answers to some logical questions :
1. Is additionalfunding needed in 1987?
Yes, cash flow analysis shows that, without some kind of note "Issue,
the District will have virtually no capacity to make further land
acquisitions for cash until December 1987. The proposed issue would
allow $2.2 million of land purchases for cash between January and
November 1987.
2. Can we afford the new debt?
Yes, after the completion of the proposed transaction the District
will have approximately $4 million less debt outstanding than
allowed by our conservative official debt capacity limit of four
times annual tax revenue. Likewise next year 's total debt service
will be 36% less than allowed by the covenants in our 1986 Promissory
Notes. Further, as shown in the attached revised five year cash flow
projection, the proposed issue has only beneficial impacts on the
District' s program. At no time in the future is there any risk of
not meeting debt service or reserve requirements nor is there any
impact on the projected significant real growth in open space
management and development funding.
3 . Can the District sell 10 year notes now?
Yes , the market for public-purpose tax-exempt bonds is very strong.
PBS believes the proposed notes are readily marketable at interest
rates ranging from 4. 75% for the 1990 maturity to 6 .15% for 1996
maturity.
4. Should the District issue a straight debt issue instead?
No, the proposed issue offers significant, long-lasting, cash flow
advantages over a straight debt issue.
5. Who should manage the note issue?
PBS. PBS originally suggested the idea of defeasing the 1982 and
1985 Promissory Notes in August and, since then, has been working
closely with me to expand and optimize the concept to best fit the
District's plans. PBS is a well-respected firm that is currently
the nation's seventh largest underwriter of tax-exempt securities.
PBS has submitted a very attractive proposal (dated December 12 ,
1986) including a maximum underwriting fee of 1. 40 . The District 's
R-86-129 Page three
traditional investment banker, Stone and Youngberg (S&Y) , also
submitted a -f'inancing proposal. While the S&Y proposal was admir-
able in certain respects and we should consider the fine support
S&Y has provided in the past, the cash flow advantages of the PBS
proposal are clear and compelling.
In summary, PBS proposes to perform the following:
a. Work with District staff to structure the notes in order to
obtain the most advantageous terms and conditions.
b. Prepare the Official Statement (prospectus) .
C. Attempt to obtain ratings and bond insurance.
d. At the earliest date practical, submit an offer to the District
to purchase the notes.
e. Sell the notes directly or through a syndicate formed by PBS.
f. Maintain a secondary market.
PBS projects that, if the underwriting agreement is approved on December 22 ,
the sale of notes will be completed in late February. The proposed
schedule of events is as follows :
December 22 Board approves underwriting agreement
January 5-9 All hands meeting; selection of trustee
January 19-23 Complete first draft of prospectus
January 26-30 Due-diligence meeting
February 11 Board approves distribution of prospectus and resolution of
issuance and gives General Manager authority to sign a
purchase agreement for the notes subject to certain parameters
February 16-20 Insurance, rating and pricing available for District staff
review. General Manager signs purchase agreement
February 23-27 Close financing and receive note proceeds
Recommendation: I recommend that you authorize the General Manager to
execute the attached proposed underwriting agreement with Prudential Bache
Securities and authorize staff to take all actions necessary to arrange
the issuance of $11 million of ten year notes .
5 _ December 14, 1986
MROSD CASH FLOW PROJECTION
'1986-87 THROUGH. 1990-91
($ THOUSANDS)
86-87 87-88 88-89 89-90 90-91
Beginning Cash 5725 6060 5731 7565 9304
Tax Rev enu e
Basic 6439 6986 7580 8224 8924
Pre-Prop. 13 670 640
Receipts from Grants 445 840 300 300 300
Interest Income 500 380 450 500 600
Rental and Other Income 343 353 364 375 386
Bond Issues (Net) 119441 4300 4300 4300 4300
Debt Service - Old 5041 4394 3504 3278 4435
( t ) t ) t ) t >
Debt Service - New (227) (821) (1973) (2805)
Land Management (1284) (1477). (1698) (1953) (2246)
Development (673) . (472) (293) (322) (355)
Acquisition Expenses (443) (478) (502) (524) (546)
Gen. Mgmt./Comm. (722) (780) (842) (910) (982)
Total Expenses/Development (3122) (3207) (3335) (3709) (4129)
Land Purchases
For Cash (111,340) (6000) (3500) (3000) (2200)
For Notes Issued (*) (1660) (2000) (500) (3575) (1000)
Total Purchases (13,000) 8000) (4000) (6575) (3200)
Land Contracts Issued (*) 1660 2000 500 3575 1000
Ending Cash 6060 5731 7565 9304 10,245
Less: Required Reserves 3168 3857 4759 7022 7987
District Reserve Balance 2892 1874 2806 2282 2258
Land Acquisition Recap
Hosking 1485 350 350 5375 0
Other 11515 7650 3650 1200 3200
Total Purchased 13000 8000 4000 6575 3200
Cumulative Purchases 13,000 21,000 25,000 31,575 343-775
(*)Off-setting non-cash items included to show land purchased in exchange for MROSD
land contract notes.
t-nidential-Bache
Public Finance Securities
December 19, 1986
Mr. Herbert A. Grench
General Manager
Midpeninsula Regional Open Space District
Old Mill Office Center, Building C, Suite 135
201 San Antonio Circle
Mountain View, California 94040
Dear Mr. Grench:
Prudential-Bache Securities Inc. appreciates this
opportunity to present a proposal to provide senior manager
underwriting services for the refunding of the District's 1982
and 1985 Promissory Note issues as well as the generation of new
capital for the District ' s land acquisition program and the
prepayment of existing land sale contracts .
SERVICES TO BE PREFORMED BY PRUDENTIAL-BACHE SECURITIES
AS MANAGING UNDERWRITER
The following services will be provided to the Midpeninsula
Regional Opens Space District by Prudential-Bache as senior
managing underwriter:
A. Organization of the project team;
B. Development of the final financing plan;
C. Preparation of the marketing materials for the
financing;
D. Development of the market for the financing;
E. Implementation of the sale;
F. Coordination of the closing and delivery of funds; and
G. Maintenance of a secondary market.
Our primary goal will be to develop and execute a plan of
financing which will provide capital in a timely fashion at the
lowest possible cost to the District.
Prudential-Bache Securities Inc.,One Embarcadero Center,36th Fl.,San Francisco, CA 94111 Tel.415 981-0440
Prudential-Bache
Organizing the Project Teamand Developing the Financing Plan
The development of a financing plan will be accomplished by
Prudential-Bache in concert with the District, legal counsel,
bond counsel and other appropriate parties . The financing plan
will be based upon the requirements of the District, revenue
projections, the financial and legal structure and other
considerations .
Prudential-Bache will, as a matter of course, perform the
following services, with the understanding that this is not an
exclusive, but rather a representative, listing:
1. Review and analyze the current financial structure in
light of recent Tax Law changes and their potential
impact on tax-exempt refunding bonds .
2 . Recommend possible changes or additions to exisiting
financial and legal structures where it is deemed
appropriate and beneficial .
3 . Determine the amount of bonds to be issued to finance
the proposed project. This amount will be based upon
reserve requirements, an amount for contingencies,
financing costs, additional capital required and all
other costs incidental to the project.
4 . Secure appropriate financial security provisions,
taking into account relevant governmental rules and
regulations which may have a bearing on the proposed
financing.
5 . Develop suitable maturity schedules for present and
future issues as well as an appropriate schedule of
redemption provisions .
6. When appropriate, provide services of underwriters ,
counsel to assist in the drafting of all documents.
7. Assist in the development of financial provisions, such
as ordinances, resolutions and trust indentures to be
included in the appropriate legal documents .
8 . Recommend timing of the bond sale in light of the then
current market conditions.
F_
Prudential-B ach e
Preparing the Marketing Materials
As senior managing underwriter, Prudential-Bache will
undertake the following once the financing structure has been
completed and approved by Midpeninsula Regional Open Space
District:
1. Coordinate the development of the bond trust indenture,
the fundamental document governing the financial and
legal structure of the financing.
2 . Provide advice and assistance to all counsel, including
bond counsel, in the development and preparation of all
supporting legal documents relevant to the financing.
3 . Draft a complete and detailed preliminary official
statement, describing the project being refunded, the
terms of the bonds and the legal aspects of the
financing, to serve as an effective marketing
instrument.
When the drafts of all the supporting legal documents and
the preliminary official statement have been completed and
approved, Prudential-Bache will assist the District in preparing
a presentation to Moody' s Investors Service and Standard &
Poor ' s Corporation for bond ratings. We will also accompany and
support the District in meeting with these rating agencies .
Developing the Market
The development of a market for an issue through a pre-sale
effort is crucial to any financing. Prudential-Bache' s
marketing strategy for the proposed refunding issue will be
targeted to those investors whom we believe would be most
interested in the bond issue in a manner that would ensure as
broad a market as possible.
A comprehensive educational process comprising two
components would be undertaken. The first component entails the
education of the underwriters, salesmen and traders who market
the issue. The second component concerns the education of
potential investors enabling them to become fully familiar with
the financing.
The following are the specific pre-sale marketing materials
which Prudential-Bache Prepares as senior managing underwriter
in order to ensure maximum pre-sale exposure of the issue to
potential institutional and individual investors :
Prudential-Bache
1. A credit summary is developed on the issue and
distributed several weeks prior to the sale to all
potential investors.
2. Several weeks prior to the sale, "All Points Bulletins"
are developed and distributed to each of our more than
4, 600 Retail Account Executives, Retail Institutional
Account Executives and the Firm' s Regional Municipal
Underwriting and Trading Centers staff.
3 . Each branch office receives a format for a "Prospecting
Letter" with a reply coupon to be reprinted on branch
office stationery and sent to local accounts several
weeks prior to the sale of the bonds .
4 . Prudential-Bache publishes articles in "Action" , the
firm' s internal marketing publication, announcing the
sale of the issue several weeks prior to the pricing of
the issue. We also assist other members of the
underwriting group in developing similar internal
promotional materials for their sale forces .
5. Prudential-Bache Municipal Research Department produces
a "Calendar of New Issues" which lists municipal issues
several weeks prior to their coming to market. Then
the week of the sale, the issue is written up as a
Credit Summary with specific facts relating to the
actual pricing of the issue, and is included in the
"Calendar" . The "Calendar of New Issues" is
distributed to institutional clients, and underwriting,
sales and trading staff of Prudential-Bache. A copy of
the "Calendar of New Issues is attached.
6 . Prudential-Bache, as the lead manager, often publishes
articles in various national and local financial and
general news publications, announcing the sale of the
issue one week prior to the sale.
To establish additional pre-sale interest in the bonds,
Prudential-Bache, when appropriate, prepares and publishes
pre-offering advertisements in key retail markets throughout the
United States as well as the South Bay Area market and
surrounding areas. We will prepare and distribute direct mail
circulars specially designed to promote interest in the
Midpeninsula Regional Open Space District refunding bonds for
investors .
Prudential-Bache
Implementing the Sal
As managing underwriter, Prudential-Bache will provide
marketing the following services based on current market
conditions and the results of pre-sale marketing efforts :
1. Recommend the most advantageous time to market the
proposed securities .
2 . Organize an underwriting syndicate of leading national
and regional investment banking firms to facilitate a
rapid sale of the bonds .
3 . Prepare and distribute pricing wires and progress
reports for all syndicate members during the order
period. Our syndicate department will remain in daily
contact with the syndicate members in order to evaluate
their progress. Through Prudential-Bache' s eleven
Municipal Underwriting and Trading offices and private
wire system, the syndicate members and the entire
Prudential-Bache system will be kept abreast of the
status of the financing.
4 . Provide, when submitting our offer to purchase the
bonds, a detailed explanation of how the bid was
computed and a comparison of it with other recent
similar bond sales . Officers of the firm will meet
with officials from the District to discuss the bid
price submitted.
5 . Underwrite, as Senior Manager, a commitment for a
significantly larger percentage of the issue than
participating account members. We will also, as a
manger, be in a better position to obtain bonds for
sale by our account executives. With better assurance
that we would be allocated an adequate amount of bonds
to sell, our account executives will have more
incentive to conduct a concentrated sales effort.
There have been numerous instances when, as an account
members, we have, generated orders for a significantly
greater number of bonds than were allocated. The full
benefit of our sales efforts, in those instances, was
irretrievably lost to the issuer.
6 . Commit, if necessary, a significant amount of our
capital to underwrite the issue. Such commitments of
capital have been required in the past when sufficient
interest in an issue has not been generated at the time
of sale.
Prudential-Bache
The potential market for the issuer ' s financing often
includes retail and institutional investors at both the national
and regional levels . In those cases, the ability of
Prudential-Bache to aggressively sell in both the national
regional markets is crucial to the firm' s ability to obtain the
lowest possible interest cost to the Issuer.
Prudential-Bache' s vast retail and institutional sales
capability assures the development of the widest possible scope
of investor demand for tax-exempt obligations. In addition, the
firm' s ability to market an issue among all types of investors
at both the national and regional levels allows it to target an
issue to those investors willing to buy at the lowest interest
rates . This flexibility also allows Prudential-Bache to utilize
all market segments and thus increase the overall strength of
the bond issue.
The fact that Prudential-Bache has acted as an underwriter
in the sale of nearly one-half of the total volume of all
competitive and negotiated tax-exempt bond issues during the
past four years underscores the marketing ability of the firm.
This success is largely due to a three-tier distribution
network: Retail Account Executives, call on individual
investors; Institutional Fixed income Account Executives, call
on institutions with managed assets exceeding $125 million; and
Retail Institutional Account Executives (RIAE' s) , calling on
institutions with managed assets under $125 million.
1 . Retail Market
The retail, market is composed of individuals who invest in
tax-exempt securities through direct purchase.
Prudential-Bache has one of the largest retail municipal
bond distribution networks in the securities industry.
Prudential-Bache' s retail sales force has continued to
expand to over 4, 600 throughout the country today in our 275
branch offices .
2. Institutional Market
The institutional market is composed of two groups:
institutions which purchase tax-exempt securities for their
own portfolio to meet their investment and tax needs; and
entities which function as intermediaries for
individuals/organizations by creating portfolios of which
these individuals/organizations own a portion. The types of
major institutional investors comprising these two groups
are noted below:
Prudential-Bache
Institutions:
Casualty Insurance Companies
Life Insurance Companies
Corporations
Hedge Funds
Commercial Bank Investment Portfolios
Intermediaries:
Closed End-Unit Trust Bond Funds
Open End-Managed Bond Funds
Short-Term Tax-Exempt Bond Funds
Commercial Bank/Trust Common Bond Funds
Commercial Bank/Trust Client Accounts
Commercial Bank/Trust Investment Advisory Groups
"Total Return" Taxable Managed Funds
Non-Bank Investment Advisors
Today, Prudential-Bache is one of Wall Street ' s largest
sellers of municipal bonds to institutions. The volume of
municipal institutional sales by the Firm is greater than that
of many institution-oriented securities firms .
The Institutional Fixed Account Executives and the RIAE' s
service institutional investors in tax-exempt securities, The
Institutional Fixed Income Account Executives call on
institutions with managed assets exceeding $125 million. This
includes commercial banks, thrift institutions, property and
casualty insurance companies, bond funds, trust department
common bond funds, investment advisors and counselors,
corporations and municipal bond sinking funds.
The Institutional Fixed Income Sales Division consists of
approximately 115 Account Executives, 38 of whom are devoted
solely to municipal securities. Thirteen of these individuals
are located in New York City, and the balance are in eleven
regional offices throughout the United States.
The unique element of Prudential-Bache' s institutional
marketing network is RIAE' s . The individuals are Account
Executives who have been given special intensive trading to call
on small regional and local institutional investors with managed
assets of less than $125 million. In the aggregate, the smaller
institutional buyers have become a formidable source of capital
and a significant factor in the market for tax-exempt
securities . Currently, there are 128 RIAE' s through the
Prudential-Bache network.
PnidenfiaMache
les
7ecurli
P rudential-Bache' s three-tier distribution system enables
the firm to effectively penetrate the full breadth and depth of
the municipal market in order to achieve the lowest possible
interest cost for the District. This three-tier system is
composed of over 4, 600 Account Executives in 275 offices
throughout the United States.
Coordinating the Closing and Deliver
Prudential-Bache will arrange for the printing and
distribution of the Official Statement, the preparation, signing
and delivery of the bonds and the arrangements for the ultimate
closing of the bond issue.
We will provide the Midpeninsula Regional Open Space
District a complete financing summary including a pricing and
distribution analysis showing performance of each member of the
underwriting syndicate which shows each firm' s participation,
actual sales and percentage of sales to participation.
Maintaining a Secondary Market
One of the most frequently overlooked and perhaps the most
critical capability of an underwriter is the firm' s ability to
maintain a strong secondary market in the issue it has
underwritten. A firm' s willingness and ability to always "make
a market" helps ensure that an issue will be liquid and thereby
make the initial sale easier because significant risk in the
secondary market is reduced from the bondholder' s perspective.
Prudential-Bache is a recognized leader in the secondary
market. This ability includes both small and large trades, as
well as institutional and retail trades. As an example of our
recognized leadership role, a major insurance company recently
called upon Prudential-Bache to assist it by using our secondary
market ability to obtain the highest possible prices during the
liquidation of its bond portfolio.
Pro-posed Underwriting Fees
The entire process can be accomplished in a reasonable time
frame and should not be negatively influenced by the Tax Reform
Act of 1986 . Our fee will be negotiated at the time of sale, but
will not exceed 1.4% of the par amount of securities sold for
Prudential-Bache
management and underwriting, conditioned on receipt of an
investment grade rating or better from either or both Standard &
Poor' s and Moody' s . Management and Underwriting fees to
Prudential-Bache are on a contingent basis, payable solely from
the proceeds of a successful sale of the District ' s securities .
If the above is acceptable to the District, please indicate
by your endorsement below and we will begin our efforts
immediately. I sincerely appreciate this opportunity to serve
the District and look forward to a highly successful issue for
the District.
Sincerely,
Douglais . Charchenko
First Vice President
Agreed to as stated this day of December, 1986.
By:
Herbert A. Grench, General Manager
Midpeninsula Regional Open Space District
R-86-133
A. (Meeting 86-30
December 22 , 1986)
WC
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 17 , 1986
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Approval of Agreement with Prudential-Bache Securities
to Serve as Managing Underwriters of Negotiable Promis-
sory Notes
Discussion: In a separate report (R-86-129 dated December 15, 1986)
the District's Controller is recommending issuance of a new note
issue. A new issue has been planned for some time. The 1986-1987
Action Plan, which was first presented in February, 1986 (see report
R-86-13 dated February 5 , 1986) and received final adoption in June,
has the following projects and activities in the Open Space Acqui-
sition and the General Management and Program Support sections,
respectively:
Maintain a multi-year spending plan for land
acquisition which optimizes use of cash and
borrowed funds to accomplish acquisition goals
within budget constraints.
If marketing conditions are favorable, market
a new note issue for the acquisition of land.
rTudential
Public Finance sf curifies
December 12, 1986
Mr. Herbert A. Grench
General Manager
Midpeninsula Regional Open Space District
Old Mill Office Center, Building C, Suite 135
201 San Antonio Circle
Mountain View, California 94040
Dear Mr. Grench:
Prudential-Bache Securities Inc. Appreciates this
opportunity to present a proposal to provide senior managed
underwriting services for the refunding of the District ' s 1982
and 1985 Promissory Note issues as well as the generation of new
capital for the District' s land acquisition program and the
prepayment of existing land sales contracts .
SERVICES TO BE PREFORMED BY PRUDENTIAL-BACHE SEC
URITIES
AS MANAGING UNDERWRITER
The following services will be provided to the Midpeninsula
Regional Opens Space District byPrudential-Bache
as
senior
managing underwriter:
A. Organization of the project team;
B. Development of the final financing plan;
C. Preparation of the marketing materials for the
financing;
D. Development of the market for the financing;
E. Implementation of the sale;
F. Coordination of the closing and delivery of funds; and
G. Maintenance of a secondary market .
Our primary goal will be to develop and execute a plan of
financing which will provide capital in a timely fashion at the
lowest possible cost to the District.
Prudential-Bache Securities Inc., One Embarcadero Center,36th FI.,San Francisco,CA 94111 Tel.415 981-0440
Prudential-Bache
Organizing the Project Team and Developing the Financing Plan
The development of a financing plan will be accomplished by
Prudential-Bache in concert with the District, legal counsel,
bond counsel and other appropriate parties . The financing plan
will be based upon the requirements of the Company, revenue
projections, the IDB financial and legal structure, the
requirements of the City of Clovis, and other considerations .
Prudential-Bache will as a matter of course perform the
following services, with the understanding that this is not an
exclusive, but rather a representative, listing:
1. Review and analyze the current financial structure in
light of pending changes in the IDB regulations and
their potential impact on the tax-exempt bond market.
2 . Recommend possible changes or additions to exisiting
financial and legal structures where it is deemed
appropriate and beneficial .
3 . Determine the amount of bonds to be issued to finance
the proposed project. This amount will be based upon
reserve requirements, an amount for contingencies,
financing costs and all other costs incidental to the
project.
4 . Secure appropriate financial security provisions,
taking into account relevant governmental rules and
regulations which may have a bearing on the proposed
financing.
5 . Develop suitable maturity schedules for present and
future issues as well as an appropriate schedule of
redemption provisions .
6 . When appropriate, provide services of underwriters ,
counsel to assist in the drafting of all documents .
7. Assist in the development of financial provisions, such
as ordinances, resolutions and trust indentures to be
included in the appropriate legal documents.
8 . Recommend timing of the bond sale in light of the then
current market conditions.
a. Construction fund(s) , including the disposition and
investment of monies in such funds;
Prudential-Bache
b. Interest and principal funds;
c. A debt service reserve fund, including investment
of monies therein;
d. Reserves for renewals, replacements, depreciation,
purchase of new equipment, etc. ;
e. Covenants relating to the issuance of additional
bonds, and other permitted indebtedness;
f. Covenants relating to the establishment of fees to
be charged by the respective parties; and
g. Covenants relating to annual reports, audits and
the use of consultants .
9 . Recommend timing of the issue or issues in light of the
then current market conditions.
Preparing the Marketing Materials
As senior managing underwriter, Prudential-Bache will
undertake the following, once the financing structure has been
completed and approved by Midpeninsula Regional Open Space
District:
1. Coordinate the development of the bond indenture, the
fundamental document governing the financial and legal
structure of the financing.
2. Provide advice and assistance to all counsel, including
bond counsel, in the development and preparation of all
supporting legal documents (e.g. , ordinance, leases,
contracts) relevant to the financing.
3 . Draft a complete and detailed preliminary official
statement, describing the project being financed, the
terms of the bonds and the legal aspects of the
financing, to serve as an effective marketing
instrument.
4 . Work with all consultants and engineers in the
preparation of their supporting reports and documents.
When the drafts of all the supporting legal documents and
the preliminary official statement have been completed and
approved, Prudential-Bache will assist the District in preparing
a presentation to Moody' s Investors Service and Standard &
Poor' s Corporation for bond ratings. We will also accompany and
support the District in meeting with these rating agencies .
Prudential-Bache
Developing the Market
The development of a market for an issue through a pre-sale
effort is crucial to any financing. Prudential-Bache' s
marketing strategy for the proposed IDB issue will be targeted
to those investors whom we believe would be most interested in
the bond issue in a manner that would ensure as broad a market
as possible.
A comprehensive educational process comprising two
components would be undertaken. The first component entails the
education of the underwriters, salesmen and traders who market
the issue. The second component concerns the education of
potential investors enabling them to become fully familiar with
the financing.
The following are the specific pre-sale marketing materials
which Prudential-Bache prepares as senior managing underwriter
in order to ensure maximum pre-sale exposure of the issue to
potential institutional and individual investors :
1. A credit summary is developed on the issue and
distributed several weeks prior to the sale to all
potential investors .
2 . Several weeks prior to the sale, "All Points Bulletins"
are developed and distributed to each of our more than
4 , 600 Retail Account Executives, Retail Institutional
Account Executives and the Firm' s Regional Municipal
Underwriting and Trading Centers staff.
3 . Each branch office receives a format for a "Prospecting
Letter" with a reply coupon to be reprinted on branch
office stationery and sent to local accounts several
weeks prior to the sale of the bonds.
4 . Prudential-Bache publishes articles in "Action" , the
firm' s internal marketing publication, announcing the
sale of the issue several weeks prior to the pricing of
the issue. We also assist other members of the
underwriting group in developing similar internal
promotional materials for their sale forces .
5 . Prudential-Bache Municipal Research Department produces
a "Calendar of New Issues" which lists municipal issues
several weeks prior to their coming to market. Then
the week of the sale, the issue is written up as a
Credit Summary with specific facts relating to the
actual pricing of the issue, and is included in the
"Calendar" . The "Calendar of New Issues" is
distributed to institutional clients, and underwriting,
sales and trading staff of Prudential-Bache. A copy of
the "Calendar of New Issues is attached.
Prudential-Bache
6 . Prudential-Bache, as the lead manager, often publishes
articles in various national and local financial and
general news publications, announcing the sale of the
issue one week prior to the sale.
To establish additional pre-sale interest in the bonds,
Prudential-Bache, when appropriate, prepares and publishes
pre-offering advertisements in key retail markets throughout the
United States as well as the local Fresno County market and
surrounding areas . We will prepare and distribute direct mail
circulars specially designed to promote interest in the County
of Fresno bonds for investors .
Implementing the Sale
As managing underwriter, Prudential-Bache will provide
marketing the following services based on current market
conditions and the results of pre-sale marketing efforts :
1. Recommend the most advantageous time to market the
proposed securities .
2. Organize an underwriting syndicate of leading national
and regional investment banking firms to facilitate a
rapid sale of the bonds.
3 . Prepare and distribute pricing wires and progress
reports for all syndicate members during the order
period. Our syndicate department will remain in daily
contact with the syndicate members in order to evaluate
their progress. Through Prudential-Bache' s eleven
Municipal Underwriting and Trading offices and private
wire system, the syndicate members and the entire
Prudential-Bache system will be kept abreast of the
status of the financing.
4 . Provide, when submitting our offer to purchase the
bonds, a detailed explanation of how the bid was
computed and a comparison of it with other recent
similar bond sales . Officers of the firm will meet
with officials from the District to discuss the bid
price submitted.
5 . Underwrite, as Senior Manager, a commitment for a
significantly larger percentage of the issue than as an
account members. We will also, as a manger, be in a
better position to obtain bonds for sale by our account
executives. With better assurance that we would be
allocated an adequate amount of bonds to sell, our
account executives will have more incentive to conduct
a concentrated sales effort. There have been numerous
Prudential-Bache
instances when, as an account members, we have
generated orders for a significantly greater number of
bonds than were allocated. The full benefit of our
sales efforts, in those instances, was irretrievably
lost to the issuer.
6 . Commit, if necessary, a significant amount of our
capital to underwrite the issue. Such commitments of
capital have been required in the past when sufficient
interest in an issue has not been generated at the time
of sale.
The potential market for the issuer ' s financing often
includes retail and institutional investors at both the national
and regional levels. In those cases, the ability of
Prudential-Bache to aggressively sell in both the national
regional markets is crucial to the firm's ability to obtain the
lowest possible interest cost to the Issuer.
Prudential-Bache' s vast retail and institutional sales
capability assures the development of the widest possible scope
of investor demand for tax-exempt obligations . In addition, the
firm' s ability to market an issue among all types of investors
at both the national and regional levels allows it to target an
issue to those investors willing to buy at the lowest interest
rates . This flexibility also allows Prudential-Bache to utilize
all market segments and thus increase the overall strength of
the bond issue. It is anticipated that institutional/money
market fund managers will represent the prime market for the
proposed Gottschalks - Clovis IDB.
The fact that Prudential-Bache has acted as an underwriter
in the sale of nearly one-half of the total volume of all
competitive and negotiated tax-exempt bond issues during the
past four years underscores the marketing ability of the firm.
This success is largely due to a three-tier distribution
network: Retail Account Executives, call on individual
investors; Institutional Fixed Income Account Executives, call
on institutions with managed assets exceeding $125 million; and
Retail Institutional Account Executives (RIAE' s) , calling on
institutions with managed assets under $125 million.
1. Retail Market
The retail market is composed of individuals who invest in
tax-exempt securities through direct purchase.
Prudential-Bache has one of the largest retail municipal
bond distribution networks in the securities industry.
Prudential-Bache' s retail sales force has continued to
expand to over 4, 600 throughout the country today in our 275
branch offices .
Prudential-Bache
2. Institutional Market
The institutional market is composed of two groups:
institutions which purchase tax-exempt securities for their
own portfolio to meet their investment and tax needs; and
entities which function as intermediaries for
individuals/organizations by creating portfolios of which
these individuals/organizations own a portion. The types of
major institutional investors comprising these two groups
are noted below:
Institutions:
Casualty Insurance Companies
Life Insurance Companies
Corporations
Hedge Funds
Commercial Bank Investment Portfolios
Intermediaries:
Closed End-Unit Trust Bond Funds
Open End-Managed Bond Funds
Short-Term Tax-Exempt Bond Funds
Commercial Bank/Trust Common Bond Funds
Commercial Bank/Trust Client Accounts
Commercial Bank/Trust Investment Advisory Groups
"Total Return" Taxable Managed Funds
Non-Bank Investment Advisors
Today, Prudential-Bache is one of Wall Street ' s largest
sellers of municipal bonds to institutions . The volume of
municipal institutional sales by the Firm is greater than that
of many institution-oriented securities firms .
The Institutional Fixed Account Executives and the RIAE' s
service institutional investors sin tax-exempt securities . The
Institutional Fixed Income Account Executives call on
institutions with managed assets exceeding $125 million. This-
includes - commercial banks, thrift institutions, property and
casualty insurance companies, bond funds, trust department
common bond funds, investment advisors and counselors,
corporations and municipal bond sinking funds.
The Institutional Fixed Income Sales Division consists of
approximately 115 Account Executives, 38 of whom are devoted
solely to municipal securities . Thirteen of these individuals
are located in New York City, and the balance are in eleven
regional offices throughout the United States.
The unique element of Prudential-Bache' s institutional
marketing network is RIAE' s. The individuals are Account
Executives who have been given special intensive trading to call
on small regional and local institutional investors with managed
-Bache
Prudential
assets of less than $125 million. In the aggregate, the smaller
institutional buyers have become a formidable source of capital
and a significant factor in the market for tax-exempt
securities. Currently, there are 128 RIAE' s through the
Prudential-Bache network.
Prudential-Bache' s three-tier distribution system enables
the firm to effectively penetrate the full breadth and depth of
the municipal market in order to achieve the lowest possible
interest cost for the District. This three-tier system is
composed of over 4, 600 Account Executive sin 275 offices
throughout the United States .
Coordinating the Closing and Delivery
Prudential-Bache will arrange for the printing and
distribution of the Official Statement, the preparation, signing
and delivery of the bonds and the arrangements for the ultimate
closing of the bond issue.
We will provide the Midpeninsula Regional Open Space
District a complete financing summary including a pricing and
distribution analysis showing performance of each member of the
underwriting syndicate which shows each firm' s participation,
actual sales and percentage of sales. to participation.
maintaining a Secondary Market
One of the most frequently overlooked and perhaps the most
critical capability of an underwriter is the firm' s ability to
maintain a strong secondary market in the issue it has
underwritten. A firm' s willingness and ability to always "make
a market" helps ensure that an issue will be liquid and thereby
make the initial sale easier because significant risk in the
secondary market is reduced from the bondholder ' s perspective.
Prudential-Bache is a recognized leader in the secondary
market . This ability includes both small and large trades, as
well as institutional and retail trades . As an example of our
recognized leadership role, a major insurance company recently
called upon Prudential-Bache to assist it by using our secondary
market ability to obtain the highest possible prices during the
liquidation of its bond portfolio.
Proposed Underwriting Fees
The entire process can be accomplished in a reasonable time
frame and should not be negatively influenced by the Tax Reform
Prudential-Bache
Act of 1986 . Our fee will be negotiated at the time of sale, but
will not exceed 1.4% of the par amount of securities sold for
management and underwriting, conditioned on receipt of an
investment grade rating or better from either or both Standard &
Poor' s and Moody' s . Management and Underwriting fees to
Prudential-Bache are on a contingent basis, payable solely from
the proceeds of a successful sale of the District' s securities.
If the above is acceptable to the District, please indicate
by your endorsement below and we will begin our efforts
immediately. I sincerely appreciate this opportunity to serve
the District and look forward to a highly successful issue for
the District.
Sincerely,
Douglas L. Charchenko
First Vice President
Agreed to as stated this day of December, 1986 .
By:
Herbert A. Grench, General Manager
Midpeninsula Regional Open SpaceDistrict
R-86-128
(Meeting 86-30
December 22, 1986)
IV10fNk
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 15 , 1986
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager
SUBJECT: Selection of a Planning Consultant to Update the
District 's Master Plan
Recommendation : I recommend that you authorize the President to
enter into the attached contract agreement with William Spangle
and Associates to update the District 's Master Plan.
Discussion: On December 10, 1986 , you approved the Scope of Ser-
vices, as amended at the meeting, for the District 's Master Plan
revision (see report R-86-122 of December 4, 1986) . Staff has
negotiated a proposed contract with William Spangle and Associates,
the planning firm that worked on the original Master Plan in 1976
and the major addition in 1978 (see attached contract Agreement) .
As you recall, the work will entail preparing camera-ready copy of
the Master Plan Composite Evaluation Map which will include evalua-
tion of the lands outside the District boundary but within the
Sphere of Influence. In addition, all new major park and open space
lands acquired since 1978 will be incorporated into the areas of the
map where the lands were originally evaluated. As indicated in the
December 4 report and discussed at the meeting, the development of
criteria (or alternative approach) for defining developed communities
would continue concurrently by Board and staff but not be part of the
present Agreement for services. The cost of the services provided
by William Spangle and Associates would be $ 12 ,000 with the work to
be completed within six months of the execution of the agreement.
Board and staff will have the opportunity to review drafts of the
work during the six month time frame.
� II
I
AGREEMENT FOR CONSULTATION SERVICES FOR UPDATE OF
MIbPENINSULA REGIONAL OPEN SPACE DISTRICT'S MASTER PLAN DOCUMENT
THIS AGREEMENT is made and entered into this day of
, 1986, by and between the MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, hereinafter called "District" , and William Spangle and
Associates, whose principal place of business is 3240 Alpine Road, Portola
Valley, California, hereinafter called "Consultant" .
W I T N E S S E T H
WHEREAS, District desires to obtain expert professional ser-
vices to update and extend the Master Plan for District; and
WHEREAS, Consultant had previous experience in completing original
Master Plan of 1976 and revising it in 1978; and
WHEREAS, the Board of Directors of District after inquiry believes
that Consultant is fully qualified to provide the professional services
required by District in completing the current Master Plan revision;
NOW, THEREFORE, IT IS MUTUALLY AGREED by the parties hereto as
follows :
ARTICLE 1. SCOPE OF SERVICES.
Consultant shall provide professional services as described in Exhibit "A"
attached hereto and made part of this agreement by reference.
Consultant 's contribution to the project shall be limited to the areas of
planning specifically referenced in Exhibit "A" . Consultant does not
assume responsibility for the work of others in the production of planning
documents nor the sufficiency thereof necessary to the execution of the
work.
ARTICLE 2. RESPONSIBILITIES OF THE DISTRICT.
When Consultant has completed the scope of services and submitted the
required documents in draft form to District for approval, District shall
reveiw said work and if found to be satisfactory, shall approve the same
in writing. If unsatisfactory, District shall inform Consultant as to
changes or revisions necessary to secure approval. District shall make
available to Consultant, at no cost, all information which District has
pertaining to the project, including, but not limited to, topographical
maps, photographs, and reports. All materials made available to Consul-
tant must be returned to District upon completion of the project.
ARTICLE 3. MODIFICATION OF AGREEMENT.
District may request changes in the scope of the services to be performed
by Consultant under this agreement. Such changes, including any increase
or decrease in the amount of Consultant's fee, shall be made in written
amendments to the agreement or by separate written agreement and signed
by both parties.
ARTICLE 4. DOCUMENTS, DRAWINGS, PHOTOGRAPHS.
All documents, reports, drawings, photographs and models prepared by
Consultant pursuant to this agreement, including, but not limited to, the
final written summary shall be the property of District.
ARTICLE 5 . COMMENCEMENT OF WORK.
Consultant shall commence performance of the services and duties required
to be performed under this agreement immediately upon receiving a signed
copy of the agreement.
ARTICLE 6. INSPECTION OF WORK.
It is understood that periodic review of the Consultant 's work may be
necessary, and right to review is reserved to the District.
2
Consultant agrees to provide District 's project representative access to
any and all books, documents , papers and records which are directly perti-
nent to this agreement. District Board will review the draft materials,
as prepared by Consultant, within a reasonable time period before the end
of this contract and as outlined in Article 2 . Appropriate recommendations
and changes to the Draft will be made by District Board to be incorporated
in final Plan by Consultant.
ARTICLE 7 . COMPLETION DATE.
Consultant shall complete performance of all services and duties required
to be performed by Consultant under this agreement within 180 days after the
execution of this agreement. Should the conduct of the work dealing with
the preparation of the Master Plan as outlined in Article 1 extend beyond
180 days as a result of circumstances beyond Consultant's control, labor
estimates and costs shall be considered subject to renegotiation.
ARTICLE 8. CONSULTANT'S FEE.
District agrees to pay consultant an amount not to exceed $12 ,000 for
and in consideration of faithful performance for all services and duties
required to be performed by consultant under this agreement. Payment to
Consultant shall be based on Consultant 's costs actually incurred in
prosecuting the work described in Exhibit A of this Agreement. Allowable
costs include professional services together with costs of travel, dupli-
cation services, special materials, and special graphic services for
revisions to the Master Plan Evaluation Map. Compensation for costs of
Consultant 's professional services shall be at the following hourly rates :
Chief Planner (William Spangle) , $92. 15 ; Assistant Planner (Sheryl Marioni)
$35 . 50.
Consultant shall advise District 's project representative of the estimated
cost of special graphic services and related details prior to authorizing
start of work by the sub-contractor to complete camera-ready material for
printer.
ARTICLE 9. PAYMENT OF CONSULTANT'S FEE.
Consultant 's fee shall be paid as follows :
A. Upon the expiration of each month from and after the date of
execution of this agreement, and up to and including the time affixed for
completion of the work as set forth in Exhibit A of this Agreement, Consul-
tant shall submit a bill to District for services performed and expenses
incurred during said month. District shall make payment of each billing
within 15 days after the receipt of such billing provided, however, that
District shall have the right to withhold payment of any such billing in
the event District determines that the work performed by Consultant is not
progressing according to schedule, or that the quality of work is inade-
quate, or that the billing does not accurately reflect the value of the
services performed.
B. The final payment to Consultant shall not be made until in
the opinion of District the project has been completed and Consultant has
fulfilled all the obligations of Consultant under this agreement.
ARTICLE 10 . TERMINATION OF AGREEMENT.
District may terminate this agreement upon five days written notice to
Consultant if Consultant fails to perform its obligations under this
agreement in a timely or proper manner, or if Consultant violates any of
the covenants , terms , conditions or stipulations of this agreement, and
District shall be relieved of all obligations under this agreement,
including payment of Consultant 's fees. In the event of such termination
for cause, all finished or unfinished documents , data, studies , surveys,
drawings , maps, models, photographs , and reports prepared by Consultant
shall, at the option of District, become the property of District, and
Consultant shall be entitled to receive just and equitable compensation
for work completed in accordance with the agreement on those documents
and other materials which become the property of District. Notwithstanding
the above, Consultant shall not be relieved of any liability to District
for damages sustained by District by reasons of any breach of this agree-
ment by Consultant, and District may withhold any and all payments to
Consultant until such time as the exact method of damages due the District
from Consultant has been determined.
2
Consultant agrees to provide District 's project representative access to
any and all books , documents , papers and records which are directly perti-
nent to this agreement. District Board will review the draft materials,
as prepared by Consultant, within a reasonable time period before the end
of this contract and as outlined in Article 2 . Appropriate recommendations
and changes to the Draft will be made by District Board to be incorporated
in final Plan by Consultant.
ARTICLE 7 . COMPLETION DATE.
Consultant shall complete performance of all services and duties required
to be performed by Consultant under this agreement within 180 days after the
execution of this agreement. Should the conduct of the work dealing with
the preparation of the Master Plan as outlined in Article 1 extend beyond
180 days as a result of circumstances beyond Consultant 's control, labor
estimates and costs shall be considered subject to renegotiation.
ARTICLE 8 . CONSULTANT 'S FEE.
District agrees to pay consultant an amount not to exceed $12,000 for
and in consideration of faithful performance for all services and duties
required to be performed by consultant under this agreement. Payment to
Consultant shall be based on Consultant 's costs actually incurred in
prosecuting the work described in Exhibit A of this Agreement. Allowable
costs include professional services together with costs of travel, dupli-
cation services, special materials, and special graphic services for
revisions to the Master Plan Evaluation Map. Compensation for costs of
Consultant 's professional services shall be at the following hourly rates :
Chief Planner (William Spangle) , $92. 15; Assistant Planner (Sheryl Marioni)
$35 . 50.
Consultant shall advise District 's project representative of the estimated
cost of special graphic services and related details prior to authorizing
start of work by the sub-contractor to complete camera-ready material for
printer.
ARTICLE 9. PAYMENT OF CONSULTANT'S FEE.
Consultant 's fee shall be paid as follows :
A. Upon the expiration of each month from and after the date of
execution of this agreement, and up to and including the time affixed for
completion of the work as set forth in Exhibit A of this Agreement, Consul-
tant shall submit a bill to District for services performed and expenses
incurred during said month. District shall make payment of each billing
within 15 days after the receipt of such billing provided, however, that
District shall have the right to withhold payment of any such billing in
the event District determines that the work performed by Consultant is not
progressing according to schedule, or that the quality of work is inade-
quate, or that the billing does not accurately reflect the value of the
services performed.
B. The final payment to Consultant shall not be made until in
the opinion of District the project has been completed and Consultant has
fulfilled all the obligations of Consultant under this agreement.
ARTICLE 10 . TERMINATION OF AGREEMENT.
District may terminate this agreement upon five days written notice to
Consultant if Consultant fails to perform its obligations under this
agreement in a timely or proper manner, or if Consultant violates any of
the covenants , terms , conditions or stipulations of this agreement, and
District shall be relieved of all obligations under this agreement,
including payment of Consultant 's fees. In the event of such termination
for cause, all finished or unfinished documents , data, studies, surveys,
drawings, maps, models , photographs , and reports prepared by Consultant
shall, at the option of District, become the property of District, and
Consultant shall be entitled to receive just and equitable compensation
for work completed in accordance with the agreement on those documents
and other materials which become the property of District. Notwithstanding
the above, Consultant shall not be relieved of any liability to District
for damages sustained by District by reasons of any breach of this agree-
ment by Consultant, and District may withhold any and all payments to
Consultant until such time as the exact method of damages due the District
from Consultant has been determined.
3
By agreement of the parties to this Agreement, it may be terminated at
any time and thereupon all documents, data, studies, surveys, drawings ,
maps , models , photographs , and reports prepared by Consultant shall become
the property of District and delivered to District upon demand. In the
event of such termination, District shall pay Consultant for services
performed pursuant to this Agreement to the time of termination an amount
to be calculated in accordance with Article 9 of this agreement, plus
such amount agreed to be paid by District for any optional work performed
by Consultant as provided for by written amendment to this agreement.
ARTICLE 11. ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or
the breach thereof, shall be settled by arbitration in accordance with the
Rules of the American Arbitration Association, and judgment upon the award
rendered by the arbitrators may be entered in any court having jurisdiction
thereof. In the event of any arbitration or other legal proceedings per-
taining to this agreement, including the enforcement of any arbitration
award, the prevailing party shall be entitled to recover all legal expenses
incurred, including reasonable attorney fees.
ARTICLE 12 . INDEPENDENT CONTRACTOR.
It is understood and agreed by the parties hereto that Consultant in the
performance of this agreement shall act as independent contractor and not
as an agent or employee of District, and that as an independent contractor,
Consultant shall obtain no rights to retirement benefits or any other bene-
fits which accrue to District employees.
ARTICLE 13. ASSIGNMENT.
Consultant shall not assign any rights or duties under this agreement
without prior written consent of District.
ARTICLE 14. INTEREST OF CONSULTANT.
Consultant covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or de-
gree with the performance of services required to be performed under this
agreement. Consultant further covenants that in the performance of this
agreement no persons having such interest shall be employed.
ARTICLE 15 . NONDISCRIMINATION.
Consultant, with regard to the work performed by him under this agreement,
shall not discriminate on the grounds of race, color, sex or national origin
in its own organization or in the selection and retention of subcontractors,
including procurements of materials and leases of equipment.
ARTICLE 16 . SUPERVISION OF WORK BY A PRINCIPAL OF CONSULTANT'S.
Consultant covenants that all work performed by Consultant under the terms
of this agreement shall be performed under the direct supervision of
William Spangle and warrants that all work will be carefully supervised by
him.
ARTICLE 17 . PROJECT REPRESENTATIVES.
The District and Consultant hereby designate the following persons to act
as Project Representatives in all matters dealing with the performance of
this agreement.
DISTRICT: David Hansen, Land Manager
Midpeninsula Regional Open Space District
Building C, Suite 135
201 San Antonio Circle
Mountain View, CA 94040
CONSULTANT: William Spangle, Chief Planner
William Spangle and Associates, Inc.
3240 Alpine Road
Portola Valley, CA 94025
4
ARTICLE 18 . ' HOLD HARMLESS.
Consultant shall indemnify and hold harmless the Midpeninsula Regional
Open Space District, its employees , agents , officers , and Board of Direc-
tors from any and all negligent acts caused by Consultant.
ARTICLE 19. INSURANCE.
Consultant shall not commence work under this agreement until all insurance
required under this section has. been obtained and such insurance has been
approved by the General Manager. Consultant shall furnish District with
Certificates of Insurance evidencing the required coverage and there shall
be specific contractual liability endorsement extending the Consultant 's
coverage to include the contractural liability assumed by Consultant pur-
suant to this agreement. These Certificates shall specify or be endorsed
to provide that thirty (30) days notice must be given, in writing, to
District of any pending change in the limits of liability or of any cancel-
lation or modification of the policy.
1. Workers Compensation and Employer Liability Insurance.
The Consultant shall have in effect during the entire life of this agree-
ment Workers Compensation and Employer Liability insurance providing full
statutory coverage. In signing this agreement, Consultant makes the
following certification, required by Section 1861 of the California Civil
Code :
I am aware of the provisions of Section 3700 of the California
Labor Code which requires every employer to be insured against
liability for Workers Compensation or to undertake self-
insurance in accordance with provisions of the Code, and I will
comply with such.
IN WITNESS WHEREOF, the parties hereto have executed this agree-
ment by their respective duly authorized agents on the day and year first
above written.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By
President,
Board of Directors
Dated:
ATTEST:
CONSULTANT:
William Spangle and Associates
District Clerk
Dated: By
George Mader, President
APPROVED AS TO FORM: Dated:
District Counsel
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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 and 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 and prepare camera-ready copy of the map and
any minor text changes for printing.
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 preservation
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 Consul-
tant.
2 . The system used for evaluating the open space lands within the
Sphere of Influence Area shall provide results comparable to those
achieved in the 1978 Master Plan.
3 . The Consultant will assemble, analyze, and record data concerning
the following open space uses :
2
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. However, any compatible
alternative 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 equiva-
lent 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. District staff
will provide USGS seven and one-half minute quadrangle maps outlining
all major public lands added to the District and other park agencies
since 1978 and will review and approve all graphic work for accuracy
and style before final acceptance.
6. Consultant will be responsible for soliciting firms for-the graphic
revisions of the Master Plan Evaluation Map. Costs for the graphic
work are considered a part of the contract fees for the Planning
Consultant. Actual costs and solicitation of firms for printing of
the revised map will be borne by the District.
7 . The timing for completing this work will be approximately six
months. This does not include 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.
R-86-123
(Meeting 86-30
December 22, 1986)
AW
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 8 , 1986
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager;
J. Boland, Operations Supervisor
SUBJECT: Appointment of Peace Officer
Recommendation: I recommend that you adopt the attached Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Appointing Peace Officer appointing Thomas Karnofel as a
peace officer pursuant to Section 830. 31 (b) of the Penal Code of the
State of California.
Discussion: At your meeting of January 14 , 1976, you accepted the
recommendation that District rangers be appointed as peace officers
as outlined under Section 830. 31 (b) of the Penal Code of the State
of California (see report R-76-2 , dated January 7 , 1976) .
Thomas Karnofel, the District's newest Ranger, has completed the
necessary courses required under the Penal Code. This course comple-
tion and the passage of the attached resolution will qualify him as
a peace officer.
RESOLUTION NO. 86-72
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING PEACE OFFICER
The Board of Directors of the Midpeninsula Regional Open
Space District does hereby resolve as follows :
1. The following person is hereby designated as a peace
officer of the Midpeninsula Regional Open Space
District pursuant to Section 830. 31 (b) of the Penal
Code of the State of California, to enforce the
Regulatory Ordinance for Use of Midpeninsula
Regional Open Space District lands and any appli-
cable federal, State and local laws :
Thomas Karnofel
R-86-131
(Meeting 86-30
December 22 , 1986)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 16, 1986
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
D. Hansen, Land Manager; A. Cummings ,
Environmental Analyst
SUBJECT: Proposed Additions to the Sierra Azul Open Space Preserve -
Mt. Umunhum Area: Lands of (1) Schofield, (2) Howatt et al .
and (3) Miller et al.
Recommendation: I recommend that you adopt the following three resolutions :
1. 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 Appropriate to Closing of the Transaction (Sierra Azul Open
Space Preserve - Lands of Schofield)
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 (Sierra
Azul Open Space Preserve - Lands of Howatt et al. )
3. 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 (Sierra
Azul Open Space Preserve - Lands of Miller et al. )
I further recommend that you tentatively adopt the Interim Use and Management
Plan recommendations contained in this report, including naming the properties
as additions to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and
indicate your intention to withhold the properties from dedication at this
time.
Introduction: The District has the opportunity to purchase three parcels of
land in three separate ownerships totalling 358 acres , located in the Dis-
trict' s Sphere of Influence southeast of Mt. Umunhum. The properties are not
contiguous with existing District lands but would form the nucleus of a new
acquisition area along the ridgeline of the Sierra Azul near Loma Prieta.
These properties would become the most southern land holdings of the District
R-86-131 Page two
(except for an open space easement and a parcel further north) . Acquisition
of these properties would help protect the visually prominent ridgeline from
development and offers potential for a ridgetop trail .
A. Description of the Sites
1. Size, Location and Boundaries
The properties are all located in unincorporated Santa Clara County
next to the Loma Prieta Road. This is an unpaved road extending
along the Sierra Azul ridgeline between the Mt. Umunhum Road (about
3. 5 miles from Hicks Road) and Loma Prieta. Beyond Loma Prieta the
road is paved, connecting with Summit Road and Highland Way. See
the attached map for location of the properties described as follows:
a) Schofield
This 38 . 12 acre parcel lies just west of the ridgeline. It is
reached by following the Loma Prieta Road approximately one mile
south to its intersection with the "Cattermole Road" , an unpaved
road winding down to Lake Elsman and Wrights Station. From the
ridge, the Cattermole Road makes a hairpin turn northwest, and
then turns directly west, roughly following the northern boundary
of the property for approximately 1000 feet. The land is sur-
rounded by private properties on all sides.
b) Howatt
This 160 acre parcel is shaped like two offset rectangles.
Approximately 200 feet of the Loma Prieta Road passes through
the northeast corner of the property one mile southeast of the
Cattermole/Loma Prieta Road intersection. The property adjoins
the southern boundary of the Miller parcel, also proposed for
acquisition in this report, with private properties on all other
sides, including San Jose Water Company lands to the west.
c) Miller
This square 160 acre parcel lies immediately north of the Howatt
parcel described above. The Loma Prieta Road passes through the
southwest section of the property. It is surrounded by private
properties, sharing the western half of its southern border with
the Howatt property described above.
2. Topography, Geology, and Natural Resources
Lying on or near the ridgeline of the Sierra Azul , the properties
are all remote, with steep rugged terrain and far-reaching views.
The entire area south and west of the ridge was burned by the 1985
Lexington fire. From a distance the blackened skeletons of trees
and shrubs stand out against the denuded soil, but a closer view
reveals vigorous resprouting of brush and a good growth of annual
rye grass introduced by aerial seeding after the fire. Many of the
canyon bottoms were spared by the fire, leaving stands of bay,
madrone, big leaf maple, and other riparian species.
R-86-131 Page three
The area contains mainly volcanic rock with lesseramounts of sand-
stone and sheared rock materials. The bedrock is covered with Los
Gatos and Maymen soils with very high erosion hazard.
Before the burn, the area was densely covered by woody brush species,
including chamise, manzanita, buckbrush, scrub oak, toyon, poison
oak, coffee berry, and coyote bush. Most of these species
resprouted after burning. Hardwood trees included California bay,
coast live oak, madrone, and some tan oak, all of which will resprout.
Because of the fire, the most severely burned areas lost their shrub
and herbaceous cover, and the protection offered by surface litter.
The shrubs and hardwoods are beginning to reoccupy the area, and the
litter and organic matter are being gradually replaced through natural
leaf and twig fall.
a) Schofield
The property forms a steep west-facing bowl below the Sierra
Azul ridgeline. The slopes converge into a canyon near the
center of the property containing a large perennial spring,
the headwaters of an unnamed tributary of Los Gatos Creek.
Elevations range from 2960 feet at the northeast corner to
2560 feet in the canyon bottom.
The vegetation is largely chaparral , resprouting after the
Lexington fire. Some of the new manzanita growth is already
3 to 4 feet high. The fire skipped the moist drainage below
the spring, leaving a dense stand of mature bay trees , madrone,
and other riparian species. This area has high wildlife value
due to the water availability. The ground near the spring was
freshly uprooted, indicating recent visits by feral pigs . Deer
tracks and quailwere also seen on the property.
b) Howatt
The property lies to the west of the ridgeline, encompassing the
upper part of Garrity Ridge, a prominent ridge extending south
towards upper Los Gatos Creek. The entire property was burned
in the fire and still contains a great deal of exposed soil .
The vegetation is largely chaparral due to the dry southwestern
exposure. Elevations range from 1680 feet along the southwest
boundary to 2960 feet at the northeast corner where the Loma
Prieta Road crosses the property.
c) Miller
The majority of the property lies northeast of the ridgeline and
the Loma Prieta Road. This area was spared by the fire, and its
steep east facing slopes are densely covered with chaparral and
mixed evergreen forest. Four grassy knolls provide panoramic
viewpoints encompassing the area from Monterey Bay and the
Pacific Ocean to the Santa Clara Valley. An intermittent creek
flows down the northern portion of the property, draining into
the Herbert Creek watershed. Elevations range from 1920 feet whore
the creek leaves the property to 3040 feet atop the knolls, an
elevation difference of 1120 feet.
R-86-131 Page four
B. Planning Considerations
The properties are located in unincorporated Santa Clara County and are
zoned Hillside (HS) . Acquisition for open space purposes conforms with
the General Plan of Santa Clara County.
Since the properties lie outside the District boundary, they were not
rated in the District' s Master Plan for suitability as open space. They
are within the District' s Sphere of Influence.
The ridgeline area forms important scenic backdrop to communities to the
north in the Santa Clara Valley, and to the south near Route 17 . It
also offers a fairly level potential trail route, with continual pano-
ramic views and connections to prominent peaks .
Although the County' s Trails and Pathways Plan does not show any planned
trails in the Loma Prieta Region, the existing roads in the area have
the potential to become parts of a trail network ultimately creating a
central trail along the spine of the Sierra Azul , with trails radiating
to the valleys on either side of the range.
C. Current Use and Management
Access to all the properties is from the Loma Prieta Road. Although
historically open to the public, the Loma Prieta Road has been recently
gated by residents near the Mt. Umunhum Road intersection and the public
excluded. The public rights on the road are unclear, although staff is
not currently aware of any recorded public or private easement rights.
None of the properties contain any structures.
1. Schofield
This property has two dirt pads leveled from the west facing slope.
one pad was used for a mobile home burned in the fire. Some trash,
old metal, and broken glass remain on the pads. A water tank above
the property apparently supplied water to the home, although a rough
road has also been developed down to the spring in the center of the
property. The Cattermole Road passes through the northern portion
of the property, and there is a locked gate on this road.
2. Howatt
There is a rough four-wheel drive road down part of Garrity Ridge,
but otherwise no development on the property.
3. Miller
According to the property representative, the property has been in
the family for many years . There are said to be the remains of an
old homestead and orchard on the property (although staff did not
view this area) . There is a family tradition about gold being found
in the creek on the property.
R-86-131 Page five
D. Potential Use and Development
Site planning for these properties would occur 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 suit-
able 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. The debris on the Schofield property will be cleaned up at an
estimated cost of $50.
2* Property boundaries will be signed as appropriate. Cost is estimated
at $75, with funding included in the fiscal year 1986-87 budget.
3. Public rights on the Loma Prieta Road need to be clarified before
encouraging public access along this road to reach these properties.
The lands will be open, however, to those who can gain access without
trespassing.
4. Staff will work with the neighbors and the Santa Clara County
Sheriff' s Department to determine if the Sheriff's patrol should be
extended along Loma Prieta Road.
F. Naming
I recommend that these properties become additions to the Sierra Azul
Open Space Preserve - Mt. Umunhum Area. Due to substantial increases
in acreage acquired in the entire Sierra Azul Preserve over the past
year, staff will review the area designations during the time of the
annual site emphasis review to ascertain if new or realigned area
designations would be desirable for this preserve.
G. Dedication
I recommend that you indicate your intent to withhold these properties
from dedication as public open space, since there is not yet a func-
tional use unit in this area. This is consistent with other lands in
the Mt. Umunhum Area of the Preserve.
H. Terms
1. Schofield
The attached Agreement requires the payment of $50 ,000 in cash at
close of escrow. Since this 30 acre parcel constitutes a separate
"site" it is valued on that basis . The value on an acreage basis
would be an average of $1 ,300 per acre.
2. Howatt et al.
This 160 acre property would be acquired on a bargain sale basis
of $80,000 (an average of $500 per acre) .
R-86-131 Page six
3. Miller et al.
This 160 acre property would also be acquired on a bargain sale
basis of $80,000 (an average of $500 per acre) .
Funds for all three purchases, totalling $210,000 , are currently available. ]
However, long-term funding requirements for these acquisitions are predi-
cated upon the sale of a new public note issue in February, 1987 by the
District.
PROPOSED ADDITIONS TO THE
,
SIERRA AZUL OPEN SPACE PRESERVE
,1 !/ MT. UMUNHUM AREA
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1
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ-
ING GENERAL MANAGER TO EXECUTE ANY AND ALL
OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN
SPACE PRESERVE - LANDS OF SCHOFIELD)
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 George M. Schofield et ux.
and the Midpeninsula Regional Open Space District, a copy of which
is attached hereto and by reference made a part hereof, and author-
izes the President 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.
RESOLUTION NO. 86-73
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 SCHOFIELD)
The Board of Directors of the P
Mid peninsula Regional Open
P g
Space District does resolve as follows:
Section One. The Board of Directors of the MidP eninsula
Regional Open Space District does hereby accept the offer contained
in that certain Purchase Agreement between George M. Schofield et ux.
and the Midpeninsula Regional Open Space District, a copy of which
is attached hereto and by reference made a part hereof, and author-
izes the President 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.
I
I
PURCHASE AGREEMENT
This Agreement is made and entered into by and between GEORGE M.
SCHOFIELD and BETTY L. SCHOFIELD, husband and wife, hereinafter
called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
a Public District formed pursuant to Article 3 of Chapter 3 of
Division 5 of the California Public Resources Code, hereinafter
called "District. "
WITNESSETH
WHEREAS, Seller is the owner of certain real property which has
open space and recreational value, located within an unincorporated
area of the County of Santa Clara, and being more particularly
described within the body of this Agreement.
t WHEREAS, District was formed by voter initiative to solicit and
receive conveyances of real property, by purchase, exchange, gift,
or bargain purchase for public park, recreation, scenic and open
space purposes,
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological and aesthetic resources
of the midpeninsula area, and
WHEREAS, Seller wishes to sell and convey the entirety of said
Property to District, and District wishes to purchase said Property
upon the terms and conditions set forth herein.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows:
1. Purchase and Sale. Seller agrees to sell to District, and
District agrees to purchase from Seller, Seller' s real property
located within an unincorporated area of the County of Santa Clara,
Purchase Agreement - Schofield Page 2
State of California, containing approximately thirty-eight (38)
acres, more or less, and commonly referred to as Santa Clara County
Assessor's Parcel No. 562-06-002 and being more particularly described
in Preliminary Title Report No. AL 126677 , dated November 17 , 1986,
from Continental Land Title Company, attached hereto as Exhibit "A"
and by this reference incorporated herein and made a part hereof.
Said Property to be conveyed together with any easements, rights of
way, or rights of use which may be appurtenant or attributable to
the aforesaid lands, and any and all improvements attached or affixed
thereto. All of said real property and appurtenances hereinafter
called the "Subject Property" or the "Property. "
2. Purchase Price. The total purchase price ("Purchase Price")
for the Property shall be Fifty Thousand and No/100 Dollars ($50 ,000.00) ,
which shall be paid in cash at the "Closing" as defined in Section 3
hereof.
3. Escrow. Promptly upon execution of this Agreement, in
accordance with Section 9 herein, an escrow shall be opened at
Continental Land Title Company, 5045 Almaden Expressway, San Jose,
CA 95118, (408) 267-6000 , or other title company acceptable to
District and Seller (hereinafter "Escrow Holder") through which the
purchase and sale of the Property shall be consummated. A fully
executed copy of this Agreement shall be deposited with Escrow Holder
to serve as escrow instructions to Escrow Holder; provided that the
parties shall execute such additional supplementary or customary
escrow instructions as the Escrow Holder may reasonably require.
This Agreement may be amended or supplemented by explicit additional
escrow instructions signed by the parties, but the printed portion
of such escrow instructions shall not supersede any inconsistent
provisions contained herein. Escrow Holder is hereby appointed and
instructed to deliver, pursuant to the terms of this Agreement, the
documents and monies to be deposited into the escrow as herein pro-
vided, with the following terms and conditions to apply to said escrow:
Purchase Agreement - Schofield Page 3
1a) The ;time provided for in the escrow for the close thereof
shall be on or before the expiration. of thirty (30) days following
execution of this Agreement by both Seller and District; provided,
however, that the parties may, by written agreement, extend the time
for Closing. The term "Closing" as used herein shall be deemed to be
the date when Escrow Holder causes the Grant Deed (as defined below)
to be recorded in the Office of the County Recorder of Santa Clara
County. The final date for Closing, including any written extensions
as provided for herein, shall be on or before December 31, 1986.
(b) Seller and District shall, during the escrow period,
execute any and all documents and perform any and all acts reason-
ably necessary or appropriate to consummat
e the purchase and sale
pursuant to the terms of this Agreement.
(c) Seller shall deposit into the escrow on or before the
A Closing an executed and recordable Grant Deed covering the Property
as described in said Exhibit "A" .
(d) District shall deposit into the escrow, on or before
the Closing:
(i) The required Certificate of Acceptance for the
Grant Deed, duly executed by District and to be dated as of the
Closing.
(ii) District's check payable to Escrow Holder in the
amount of Fifty Thousand and No/100 Dollars ($50 , 000. 00) .
(e) Seller shall pay for the escrow fees, the CLTA Stan-
dard Policy of Title Insurance, if required by District, and all
recording costs and fees. All other costs or expenses not otherwise
provided for in this Agreement shall be apportioned or allocated
between District and Seller in the manner customary in Santa Clara
Purchase Agreement - Schofield Page 4
County.. All current property taxes on the Property shall be prorated
through escrow between District and Seller as of the Closing based
upon the latest available tax information using the customary escrow
procedures.
(f) Seller shall cause Continental Land Title Company, or
other title company acceptable to District and Seller, to be pre-
pared and committed to deliver to District a CLTA standard coverage
Policy of Title Insurance, dated as of the Closing, insuring District
in the amount of $50, 000. 00 for the Property showing title to the
Property vested in fee simple in District, subject only to: (i) cur-
rent real property taxes; (ii) the listed exceptions 1 and 2 as set
forth in said Preliminary Title Report attached hereto as Exhibit
"A" , (iii) those additional title exceptions as may be acceptable
to District. In the event District disapproves of any additional
title exceptions and Seller is unable to remove any District dis-
approved exceptions before the time set forth for the Closing, District
shall have the right either: (i) to terminate the escrow provided for
herein (after giving written notice to Seller of such disapproved
exceptions and affording Seller at least twenty (20) days to remove
such exceptions) and then Escrow Holder and Seller shall, upon Dis-
trict' s direction, return to the parties depositing the same, all
monies and documents theretofore delivered to Escrow Holder or; (ii)
to close the escrow and consummate the purchase of the Property.
(g) Escrow Holder shall, when all required funds and instru-
ments have been deposited into the escrow by the appropriate parties
and when all other conditions to Closing have been fulfilled cause
the Grant Deed and attendant Certificate of Acceptance to be recorded
in the Office of the County Recorder of Santa Clara County. Upon the
Closing, Escrow Holder shall cause to be delivered to District the
original of the policy of the title insurance if required herein, and
Purchase Agreement - Schofield Page 5
to Seller Escrow:Holder's check for the full purchase price of the
Subject Property (less Seller's portion of the expenses described
in Section 3 (e) ) , and to District or Seller, as the case may be, all
other documents or instruments which are to be delivered to them.
In the event the escrow terminates as provided herein, Escrow Holder
shall return all monies, documents or other things of value deposited
in the escrow to the party depositing the same.
4. Rights and Liabilities of the Parties in the Event of
Termination. In the event this Agreement is terminated and escrow is
cancelled for any reason, all parties shall be excused from any further
obligations hereunder, exce
pt t as othe
rwise provided .herein. Upon any
such termination of escrow, all parties hereto shall be jointly and
severally liable to Escrow Holder for payment of its title and
escrow cancellation charges (subject to rights of subrogation against
any party whose fault may have caused such termination of escrow) ,
and each party expressly reserves any other rights and remedies which
it may have against any other party by reason of a wrongful termina-
tion or failure to close escrow.
5. Leases or Occupancy of Premises. Seller warrants that
there exist no oral or written leases or rental agreements affecting
all or any portion of the Subject Property: Seller further warrants
and agrees to hold District free and harmless and to reimburse Dis-
trict for any and all costs, liability, loss, damage or expense,
including costs for legal services , occasioned by reason of any such
lease or rental agreement of the Property being acquired by District,
including but not limited to claims for relocation benefits and/or
payments pursuant to California Government Code Section 7260 et seq.
Seller understands and agrees that the provisions of this paragraph
shall survice the close of escrow and recordation of any Grant Deed (s) .
Purchase Agreement - Schofield Page 6
6.- Seller' s Representations and Warranties. For the purpose
of consummating the. sale and purchase of the Property in accordance
herewith, Seller represents and warrants to District that as of the
date this Agreement is fully executed and as of the date of Closing:
6. 01 Authority. Seller has the full right, power and
authority to enter into this Agreement and to perform the transactions
contemplated hereunder.
. 6. 02 Valid and Binding Agreements. This Agreement and all
other documents delivered by Seller to District now or at the Closing
have been or will be duly authorized and executed and delivered by
Seller and are legal, valid and binding obligations of Seller suf•-
ficient to convey to District the Subject Property described
therein, and are enforceable in accordance with their respective
terms and do not violate any provisions of any agreement to which
Seller is a party or by which Seller may be bound or any articles,
bylaws or corporate resolutions of Seller.
6. 03 Good Title. Seller has and at the Closing date shall
have good, marketable and indefeasible tee. simple title to the Subject
Property, and the -interests therein to be conveyed to District.h.ereunder,
free and clear of all liens and encumbrances of any type whatsoever
and free and clear of .any recorded or unrecorded option rights or
purchase rights or any other right, title or interest held by any
third party except for the exceptions permitted under the express
terms hereof, and Seller shall forever indemnify and defend District
from and against any claims made by any third party which are based
upon any inaccuracy in the foregoing representations.
Purchase Agreement - Schofield Page 7
7. * Waiver -of Statutory Compensation. Seller and
District understand and agree that Seller may be entitled to receive
the fair market value of the Property described in Exhibit "A" , as
provided for by the Federal Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 (Public Law 91-646) and California
Government Code Section 7267 , and following. Seller hereby wavies
any and all existing and/or future rights they may have to the fair
market value of said Property, appraisals, etc. , as provided for by
said Federal Law and any corresponding California Government Code
Sections.
8. Miscellaneous Provisions.
8. 01 Choice of Law. The internal laws of the State of
California, regardless of any choice of law principles, shall govern
the validity of this Agreement, the construction of its terms and
the interpretation of the rights and duties of the parties.
8. 02 Attorneys ' Fees. If either party hereto incurs any
expense, including reasonable attorneys ' fees, in connection with
any action or proceeding instituted by reason of any default or
alleged default of the other party hereunder, the party prevailing
in such action or proceeding shall be entitled to recover from the
other party reasonable expenses and attorneys ' fees in the amount .
determined by the Court, whether or not such action or proceeding
goes to final judgment. In the event of a settlement or final judg-
ment in which neither party is awarded all of the relief prayed for,
the prevailing party as determined by the Court shall be entitled to
recover from the other party reasonable expenses and attorneys ' fees.
8. 03 Amendment and Waiver. The parties hereto may by
mutual written agreement amend this Agreement in any respect. Any
party hereto may: (i) extend the time for the performance of any of
the obligations of the other party; (ii) waive any inaccuracies in
Purchase Agreement - Schofield Page 8
representations and warranties made by the other.. party .contained in
this Agreement or- in any documents delivered pursuant hereto; (iii)
waive compliance by the other party with any of the covenants con-
tained in this Agreement or the performance of any obligations of
the other party; or (iv) waive the fulfillment of any condition that
is precedent to the performance by such party of any of its obliga-
tions under this Agreement. Any agreement on the part of any party
for any such amendment, extension or waiver must be in writing.
8.04 Rights Cumulative. Each and all of the various rights,
powers and remedies of the parties shall be considered to be cumula-
tive with and in addition to any other rights, powers and remedies
which the parties may have at law or in equity in the event of the
breach of any of the terms of this Agreement. The exercise or par-
tial exercise of any right, power or remedy shall neither constitute
the exclusive. election thereof nor the waiver of any other right,
power or remedy available to such party.
8 .05 Notices. All notices, consents, waivers or demands of
any kind which either party to this Agreement may be required or may
desire to serve on the other party in connection with this Agreement
shall be in writing and may be delivered by personal service or sent
by telegraph or cable or sent by registered or certified mail , return
receipt requested, with postage thereon fully prepaid. All such com-
munications shall be addressed as follows:
Seller: George M. Schofield
c/o Gary Beck
7172 Anjou Creek Circle
San Jose, CA 95120
District: Midpeninsula Regional Open Space District
Old Mill Office Center
Building C, Suite 135
201 San Antonio Circle
Mountain View, CA 94040
Attn: Herbert Grench, General Manager
(415) 949-5500
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, CA 94306
(415) 324-1366
Purchase Agreement - Schofield page 9
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. Service of any such communication
made only by mail shall be deemed complete on the date of actual deliv-
ery as shown by the addressee"s registry or certification receipt or-
at the expiration of the third (3rd) business day after the date of
mailing, whichever is earlier in time. Either party hereto may from
time to time; by notice in writingserved upon a _.
p the other as aforesaid,
designate
ate a dif
ferent mailing g addre
ss 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
givinq . oral notice to the other when prompt notification is appro-
priate, but any oral notice given shall not satisfy the requirement
of written notice as provided in this Section.
8 .06 Severability. If any of the provisions of this Agree-
ment are held to be void or unenforceable by or as a result of a deter-
mination of any court of competent jurisdiction, the decision of which
is binding upon the parties, the parties agree that such determination
shall not result in the nullity or unenforceability of the remaining
portions of this Agreement. The parties further agree to replace such
void or unenforceable provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or
unenforceable provisions.
8. 0'7 Counterparts. This Agreement may be executed in sepa-
rate counterparts, each of which shall be deemed as an original, and
when executed, separately or together, shall constitute a single
original instrument, effective in the same manner as if the parties
had executed one and the same instrument.
8. 08 Waiver. No waiver of any term, provision or condi-
tion of this Agreement, whether by conduct or otherwise, in any one
or more instances, shall be deemed to be, or be construed as, .a fur-
ther or continuing waiver of any such term, provision or condition
or as a waiver of any other term, provision or condition of this
j
Agreement,
Purchase Agreement — Schofield Page 10
8. 09 Entire Agreement. This Agreement is intended by the
parties to be the final expression of their agreement; it embodies
the entire agreement and understanding between the parties hereto;
it constitutes a complete and exclusive statement of the terms and
conditions thereof, and it supersedes any and all prior correspond-
ence, conversations, negotiations, agreements or understandings
relating to the same subject matter.
8. 10 Time of Essence. Time is of the. essence of each pro-
vision of this Agreement in which time is an element.
8.11Survival of Covenants. All covenants of District or
Seller which are expressly intended hereunder to be performed in
whole or in part after the Closing, and all representations and
warranties by either party to the other, shall survive the Closing
and be binding upon and inure to the benefit of the respective
parties hereto and their respective heirs, successors and permitted
assigns.
Assi nm 8. 1,2 � g ent. Except as expressly permitted herein,
neither party to this Agreement shall assign its rights or obliga-
tions under this an Agreement to third
g y party without the prior
written approval of the other party.
8. 13 Further Documents and Acts. Each of the parties
hereto agrees to execute and deliver such further documents and
perform such other acts as may be reasonably necessary or appro-
priate to consummate and carry into effect the transactions
described and contemplated under this Agreement.
8. 14 Binding on Successors and Assigns. This Agreement
and all of its terms, conditions and covenants are intended to be
fully effective and binding, to the extent permitted by law, on the
successors and permitted assigns of the parties hereto.
Purchase Agreement - Schofield Page 11
8. 15 Options. Captions are provided herein for con-
venience only and they form no part of this Agreement and are not
to serve as a basis for interpretation or construction of this Agree-
ment, nor as evidence of the intention of the parties hereto.
8.1-6 Pronoun References. In this Agreement, if it be
appropriate, the use of the singular shall include the plural, and
the plural shall include the singular, and the use of any gender
shall include all other genders as appropriate.
8. 17 Broker' s Commission. District shall not be respon-
sible for any real estate commission or other related costs or fees
in this transaction. 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 proceed-
ings which may result from any broker, agent or finder, licensed
or otherwise, claiming through, under or by reason of the conduct of
the indemnifying party in connection with this transaction.
9. Acceptance. Provided that this Agreement is signed by Seller
and returned to District on or before. December 16, ..198§ District
shall have 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 consideration for the tender of said offer District has paid and .
Seller acknowledges receipt of the sum of Ten Dollars ($10.00) .
Provided that this Agreement is accepted by District, this transaction
shall close as soon as practicable in accordance with the terms and
conditions set forth herein.
Purchase Agreement - Schofield Page 12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
. g Bement to
be executed by their duly authorized officers to be effective as of
the date of final execution by District in accordance with the terms
hereof.
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
APPROVED AS TO FOR?1: , t�t.. , no
Georg Schofield
Date:
*an orty , District Counsel
ACCEPT R RECOMIMIENDATION:
Betty Schofield
L. C -yBritton
Date: 1-1-2- f 2 - -P-6
- -
Land Acq� sition Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
i>
CONTINENTAL LAND TITLE COMPANY
A SUBSIDIARY OF
LAWYERS TITLE INSURANCE CORPORATION
5045 ALMADEN EXPWY.
SAN JOSE , CA 95118
(408) 267-6000
° GARY BECK ESCROW OFFICER PHYLLIS QUIST
° 7172 ANJOU CREEK CT . TITLE OFFICER RICARDO REYNA
° SAN JOSE , CA 95120 BUYERS NAME
ATTN: PROPERTY ADDRESS 562-06-002
YOUR NO .
DATED AS OF NOVEMBER 17 , 1986 AT 7: 30A .M. OUR NO . AL126677
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE ,
CONTINENTAL LAND 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 THI5
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 COMMIT—
MENT SHOULD BE REQUESTED.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS :
1 . CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [X]
2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B E ]
3 . AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY L ]
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [ ]
�f i
• ,-,-`,,r.,-f:, rw taw-- r���y. �-""", --; �._
TITLE OFFICER, RICARDO REYNA
Page or
SCHEDULE A
r° PAGE 2
ORDER NO . AL126677
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY .THIS REPORT IS:
A FEE '
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
GEORGE M. SCHOFIELD AND BETTY L . SCHOFIELD , HUSBAND AND WIFE
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA, AND IS DESCRIBED AS FOLLOWS :
LOT 6 OF SECTION 20 , TOWNSHIP 9 SOUTH , RANGE 1 EAST OF MOUNT DIABLO
BASE AND MERIDIAN .
A :R .B . 562-6-2
MM I
Page of
1}
SCHEDULE B
PAGE 3
ORDER NO. AL126677
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP-
TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS
REPORT WOULD BE AS FOLLOWS:
A. A SALE TO THE STATE OF CALIFORNIA FOR GENERAL AND SPECIAL TAXES AND
SUBSEQUENT DEL
INQUENCIES
CIES FOR THE
FISCAL YEAR: 1985-86
ASSESSMENT NO. : -56 20b-
00 2
TAXING AUTHORITY: COUNTY OF SANTA CLARA
AMOUNT TO PAY: $90 . 93 PRIOR TO DECEMBER 31 , 1986
AMOUNT TO PAY: $91 . 76 PRIOR TO JANUARY 31 , 1987
AMOUNT TO PAY: 92 . 59 PRIOR TO
FE8R UARY 28, 1987
B . PROPERTY TAXES , INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY
ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1986 - 1987.
1ST INSTAL
LMENT: $5 6.09 OPEN
2ND INSTALLMENT: $56.09 OPEN
LAND: $914
IMPROVEMENTS: $ NONE SHOWN
H/O EXEMPTION: $ NONE SHOWN
k, CODE AREA: 72-007
ASSESSMENT NO. : 562-06-002
C . THE LIEN OF . SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 3. 5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE OF THE STATE OF CALIFORNIA .
1 . RIGHT OF THE PUBLIC TO USE AS A ROADWAY THAT PORTION OF THE PREMISES
LYING WITHIN THE BOUNDS OF ANY PUBLIC ROAD OR HIGHWAY THAT MAY TRA-
VERSE THE PREMISES .
2 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO
AS SET FORTH IN A DOCUMENT
GRANTED TO: ELMER C . MONDO , A SINGLE MAN
PURPOSE : INGRESS AND EGRESS AND PUBLIC UTILITIES
REECORDED: FEBRUARY 18 , 1972, BOOK 9710, OFFICIAL RECORDS .
PAGE 30
SERIES NO. : 4196616
AFFECTS: OVER THE EXTISTING 26 FOOT ROADWAY AS PRESENTLY
TRAVLED, EXTENDING FROM THE NORTH BOUNDARY OF LOT
11 IN SEC. 20 T . 9 S . , R. 1 . E. , M.D. B. & M.
ACCORDING TO UNITED STATES GOVERNMENT SURVEY AND
THENCE RUNNING IN A GENERAL NORTHEASTERLY DIREC-
TION OVER LOTS 6 AND 7 OF SAID SECTION 20 , T. 91
S . , R . 1 E . , M.D.B . & M. , TO THAT CERTAIN COUNTY
ROAD KNOWN AS THE LOMA PRIETA ROAD ON LOMA ALMA-
DEN ROAD IN SAID SANTA CLARA COUNTY.
1T
Page of
SCHEDULE B PAGE 4
CONTINUED _
ORDER NO. AL126677
THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF
RECORD.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS .
3. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY:
AMOUNT: $18, 500.00
DATED: SEPTEMBER 20, 1977
TRUSTOR: JOHN W . BUNNELL, AN UNMARRIED MAN AND MARY JO
SMITH, AN UNMARRIED WOMAN
TRUSTEE : LAWYERS TITLE INSURANCE CORPORATION, A COR-
PORATION
BENEFICIARY: EUGENE P. BIBEAU, A MARRIED MAN AS HIS SOLE AND
SEPARATE PROPERTY
RECORDED: SEPTEMBER 23, 1977, BOOK D160, OFFICIAL RECORDS
PAGE 99
SERIES NO . : 5791966
LOAN NO . : NONE SHOWN
TYPE LOAN: NONE SHOWN
ADDRESS: 841 BEAVER CREEK WAY, SAN JOSE , CA
THIS COMPANY WILL REQUIRE THAT THE SPOUSE , IF ANY, OF THE BENEFICIARY
NAM
ED AB
OVE , AS SHOWN IN THE PEED OF TRUST REFERENCED BY ITEM N0. 3
ABOVE , JOIN IN THE EXECUTION OF THE REQUEST FOR FULL/PARTIAL RECON-
VEYANCE AND ALSO SIGN THE DEMAND FOR PAYMENT, OR THAT EVIDENCE THAT
SAID BENEFICIARY IS NOT MARRIED BE FURNISHED.
BENEFICIARY : EUGEN E P. B IBEAU
ITEM NO: 3
TO AVOID DELAYS AT THE TIME OF CLOSING , PLEASE SUBMIT THE ORIGINAL
NOTE , DEED OF TRUST AND THE (PROPERLY EXECUTED) REQUEST FOR RECON-
VEYANCE , TO THIS OFFICE , AT LEAST ONE WEEK PRIOR TO THE CLOSE OF
ESCROW.
4 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY:
AMOUNT: $22, 750.00
DATED: MAY 21 , 1984
TRUSTOR: GEORGE M. SCHOFIELD AND BETTY L . SCHOFIELD, HUS-
BAND AND WIFE
TRUSTEE : TITLE INSURANCE OF CALIFORNIA, A CORPORATION
BENEFICIARY: W. JAMES COYNE , AS TO AN UNDIVIDED 17, 250/22 , 750
INTEREST AND LINCOLN TRUST CO. , TRUSTEE FOR
ROBERT J . SMITH, AS TO AN UNDIVIDED 5, 500/22 , 750
INTEREST
RECORDED: JUNE 21 , 1984, BOOK 1652 , OFFICIAL RECORDS
PAGE 363
SERIES No . : 8103242
LOAN NO. : NONE SHOWN
TYPE LOAN: NONE SHOWN
ADDRESS: 1914 POLK STREET, SA.N FRANCISCO , CALIFORNIA 9 109
yLo @
g
f SCHEDULE B PAGE 5
CONTINUED
ORDER NO. AL126677
AN •ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST
WHICH NAMES
AS ASSIGNEE : 1STTzzNJAppTIONWIDE SAVINGS TRUSTEE FFSOR ROBERT J .
M7UU/L�C�S�OEENcICIAL71TEfEST TO AN UNDIVIDED
RECORDED: AUGUST 21 , 1985, BOOK J434 , OFFICIAL RECORDS
SERIES
ADDRESSNO. : HP-92HR9D AVE . , SAN F RANCISCO, CALIFORNIA 94122
TO AVOID DELAYS AT THE TIME OF CLOSING , PLEASE SUBMIT THE ORIGINAL
NOTE , DEED OF TRUST AND THE (PROPERLY EXECUTED) REQUEST FOR RECON—
VEYANCE , TO THIS OFFICE , AT LEAST ONE WEEK PRIOR TO THE CLOSE OF
ESCROW.
i
I
E '
..3 a '17
Page
cONTINUED
ORDER NO . AL126677
NOTE NO . 1 : THERE ARE NO CONVEYANCES AFFECTING SAID LAND , RECORDED WITHIN
SIX (6) MONTHS OF- THE DATE- OF THIS REPORT.
NOTE NO. 2: THE CHARGE FOR A f:FOLICY OF TITLE INSURANCE, WHEN ISSUED
THROUGH THIS TITLE ORDER, WILL BE' BASED ON THE BASIC (NOT SHORT-TERM) TITLE
INSURANCE RATE.
NOTE NO . 3: ON OR AFTER JULY 1 , 1985 , THE COUNTY RECORDER ' S OFFICE WILL
CHARGE , IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20. 00
RECORDING FEE , UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOM-
PANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT. " IN LIEU OF SAID
REPORT, SIGNED BY THE TRANSFEREE , THE RECORDER WILL NOT CHARGE AN EXTRA FEE
IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT SIGNED BY THE TRANSFEREE
THAT THE TRANSFEREE IS IN FACT NOT A RESIDENT OF CALIFORNIA. OUR TITLE
BILLING WILL BE ADJUSTED TO INCLUDE SUCH ADDITIONAL FEES WHEN APPLICABLE .
D .T . 12/7/86
RR/LC
r
1631
t
OFFICE OF COUNTY ASSESSOR.—SANTA CLSAA COUNTY, CALIFOMIIA
N
This msp is hirnished without liability 8 5b2 C6
as to is a�.ui ::y,and its sole pvrpose
is fur Iris co"'P, ie,lce of location of
th(: pr"oerty i'I gdeslion
CON i NENTAL L AND Tl'I LE
TWR9S,R1L 21
t
..• � uaKa+t. ibsa+d g lOc.aa.l tz pT.�.c.! t �(►sa,EJ f 1(3�w,4 9 f ;(nc>i+IrJ tc
1 ti
75.51 AC-TOTAL
I U �7U►Ac7 i IbEttAU 11 nj7ACa 2 �puiAt! 7, P
\i� r IMAS AGTva I �� , WY.8.
1 ( 7 c� /f ?S.51 AC.TOTAL
• ��� 1 i1CtlK { biRAd 7 ��l�iacK 6 i
• woPE �rvsu�► I • . I n I 1 x � � I �°
REGIONIW I I �� 1 1 O 4
. -- / Z --�--------------t-- -1----------- �f--- -��
2 OPEN Imilit. 3 �U?ACt 1t3CtZAGTac 9 g- AL��-,;'; 'I/nrsK. ; J2� 3 '9U5A �
J� G9•itK) 13
I3PKE DBT i r(1
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Tj if68T6 AC .__ . I
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1 1
R.O.S.
f/
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT -
BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI-
ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL
OPEN SPACE PRESERVE - LANDS OF HOWATT 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 - Bargain Sale between John M.
Howatt et al. 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 doc
uments 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.
I
RESOLUTION NO. 86-74
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT -
BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI-
ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL
OPEN SPACE PRESERVE - LANDS OF HOWATT 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 - Bargain Sale between John M.
Howatt et al. 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.
PURCHASE AGREEMENT - BARGAIN SALE
This Agreement is made and entered into by and between JOHN HOWATT
and LOUIS HAAS, hereinafter called. "Seller" and the MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to
Article 3 of Chapter 3 of Division 5 of the California Public
Resources Code, hereinafter called "District. "
WITNESSETH
WHEREAS, Seller is the owner of certain real property which has
natural beauty, open space and recreational value, and ecological
significance, located within an unincorporated area of the County
of Santa Clara, and being more particularly described within the
body of this Agreement.
F
WHEREAS, District was formed by voter initiative to solicit and
receive conveyances of real property, by purchase, exchange, gift,
or bargain purchase for public park, recreation, scenic and open
space purposes,
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological and aesthetic resources
of the midpeninsula area, and
WHEREAS, Seller, out of their desire to promote the public social
and economic welfare, and to share the natural and scenic beauty
and enjoyment of said property with the citizens of the midpeninsula
area, wishes to sell and convey the entirety of said property to
District at a purchase price below its fair market value, and District
wishes to purchase and receive said property at the advantageous price
so offered.
Purchase Agreement - Bargain Sale -- Howatt/Haas Page 2
" I
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows:
1. Purchase and Sale. Seller agrees to sell to District, and
District agrees to purchase from Seller, Seller's real property
located within an unincorporated area of the County of Santa Clara,
State of California, containing approximately one hundred sixty
(160) acres, more or less, and commonly referred to as Santa Clara
County Assessor' s Parcel Nos. 562-05-007 and 562-20-022. Said
Property to be conveyed together with any easements , rights of way,
or rights of use which may be appurtenant or -attributable to the
aforesaid lands, and any and all improvements attached or affixed
thereto. All of said real property and appurtenances hereinafter
called the "Subject Property" or the "Property. "
2. Purchase Price. The total purchase price ("Purchase
Price" ) for the Property shall be Eighty Thousand and No/100 Dollars
($80, 000. 00) , which shall be paid in cash at the "Closing" as de-
fined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in
accordance with Section 9 herein, an escrow shall be opened with
Valley Title Company, 301 South First Street, San Jose, CA 95113 ,
(408) 292-7150, or other title company acceptable to District (here-
inafter "Escrow Holder") through which the purchase and sale of the
Property shall be consummated. A fully executed copy of this Agree-
ment shall be deposited with Escrow Holder to serve as escrow instruc-
tions to Escrow Holder; provided that the parties shall execute such
addii:.ional 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 portio
n of such escrow instructions
shall not supersede any inconsistent provisions contained herein.
Purchase Agreement - Bargain Sale -- Howatt/Haas Page 3
Escrow .Holder is 'hereby appointed and instructed to deliver, pur-
suant to the terms of this Agreement, the documents and monies to
be deposited into the escrow as herein provided, with the following
terms and conditio
ns to
apply to said escrow.
(a) The time provided for in the escrow for the close thereof
shall be on or before the expiration of thirty (30) days following
execution of this Agreement by both Seller and District; provided,
however, that the parties may, by written agreement, extend the time
for Closing. The term "Closing" as used herein shall be deemed to be
the date when Escrow Holder causes the Grant Deed (as defined below)
to be recorded in the Office of the County Recorder of Santa Clara
County. The final date for Closing, including any written extensions
as provided for herein, shall be on or before December 31, .1986 .
(b) Seller and District shall, during the escrow period,
execute any and all documents and perform any and all acts reason-
ably necessary or appropriate to consummate the purchase and sale
pursuant to the terms of this Agreement.
(c) Seller shall deposit into the escrow on or before the
Closing an executed and recordable Grant Deed covering the Property.
(d) District shall deposit into the escrow, on or before
the Closing:
(i) The required Certificate of Acceptance for the
Grant Deed, duly executed by District and to be dated as of the
Closing.
(ii) District' s check payable to Escrow Holder in the
amount of Eighty Thousand and N01100 Dollars ($80 , 000 .00) . 1
1
Purchase Agreement - Bargain Sale -- Howatt/Haas Page-4
(e) District shall pay„ for the escrow fees , the CLTA Stan-
dard. Policy of Title Insurance, if required by District, and all
recording costs and fees.. All other costs or expenses not otherwise
provided for in this Agreement shall be apportioned or allocated
between District and Seller in the manner customary in 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.
M 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 $80, 000.00 for the Property showing title to the Property
vested in fee simple in District, subject only to: (i) current
real real
property taxes; (ii) those additional title exceptions
appearing on Valley Title Company's Preliminary Title Report No.
198024 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
PP t e
P
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 despositing the same, all monies and documents theretofore
delivered to Escrow Molder or; (ii) to close the escrow and con-
summate the purchase of the property.
Purchase. Agreement - Bargain Sale -- Howatt/Haas Page 5
(g) Escrow Holder shall , when all required funds and instru-
ments have been deposited into the escrow by the appropriate parties
and when all other conditions to Closing have been fulfilled cause
the Grant Deed and attendant Certificate of Acceptance to be recorded
in the Office of the County Recorder of Santa Clara County. Upon the
Closing, Escrow Holder shall cause to be delivered to District the
original of the policy of the title insurance if required herein, and
to Seller Escrow Holder's check for the full purchase price of the
Subject Property (less Seller' s portion of the expenses described
in Section 3 (e) ) , and to District or Seller, as the case may be, all
other documents or instruments which are to be delivered to them.
In. the event the escrow terminates as provided herein, Escrow Holder
shall return all monies, documents or other things of value deposited
in the escrow to the party depositing the same.
4. Rights and Liabilities of the Parties in the Event of
Termination. In the event this Agreement is terminated and escrow is
cancelled for any reason, all parties shall be excused from any further
obligations hereunder, except as otherwise provided herein. Upon any
such termination of escrow, all parties hereto shall be jointly and
severally liable to Escrow Holder for payment of its title and
escrow cancellation charges (subject to rights of subrogation against
any party whose fault may have caused such termination of 'escrow) ,
and each party expressly reserves any other rights and remedies which
it may have against any other party by reason of a wrongful termina-
tion or failure to close escrow.
5. Lease's or Occupancy of Premises. Seller warrants that
there exist no oral or written leases or rental agreements affecting
all or any portion of the Subject Property. Seller further warrants
and agrees to hold District free and harmless and to reimburse Dis-
trict for any and all costs, liability, loss, damage or expense,
including costs for legal services, occasioned by reason of any such
Purchase Agreement - Bargain Sale -- Howatt/Haas Page 6
lease or rental agreement of the Property being acquired by District,
including but. not limited to claims for relocation benefits and/or
payments pursuant to California Government Code Section 7260 et seq.
Seller understands and agrees that the provisions of this paragraph
shall survive the close of escrow and recordation of any Grant Deed (s) .
6. Seller' s Representations and Warranties. For the purpose
of consummating the sale and purchase of the Property in accordance
herewith, Seller represents and warrants to District that as of the
date this Agreement is fully executed and as of the date of Closing:
6. 01 Authority. Seller has the full right, power and
authority to enter into this Agreement and to perform the transactions
contemplated hereunder.
6. 02 Valid and Binding Agreements. This Agreement and all
other documents delivered by Seller to District now or at the Closing
have been or will be duly authorized and executed and delivered by
Seller and are legal, valid' and binding obligations of Seller suf-
ficient to convey to District the Subject Property described
therein, and are enforceable in accordance with their respective
terms and do not. violate any provisions of any agreement to which
Seller is a party or by which Seller may be bound or any articles,
bylaws. or corporate resolutions of Seller.
6. 03 Good Title. Seller has and at the Closing date shall
have good, marketable and indefeasible fee- simple title to the .Sub.ject _
Property; and the -interests therein to be conveyed to District.h.ereunder, .
free and clear of all liens and encumbrances of any type whatsoever
and free and clear of any recorded or unrecorded option rights or
purchase rights or any other right, title or interest held by any
Purchase Agreement - Bargain Sale -- Howatt/Haas Page 7
third party except for the exceptions permitted under the express
terms hereof, - and Seller shall forever indemnify and defend District
from and against any claims made by any third party which are based
upon any inaccuracy in the foregoing representations .
7. Waiver of Statutory Compensation/Bargain Sale. Seller and
District understand and agree that Seller may be entitled to receive
the fair market value of the Property as provided for by the Federal
Uniform Relocation Assistance and Real Property Acquisition Act of
1970 (Public Law 91-646) and California Government Code Section 7267
and following. Further, it is acknowledged by District and Seller ,
that the purchase price being paid for the Property is less than the
Property' s fair market value, and that the difference in price being
paid to District and the Property's fair market value is being donated
to District as part of this transaction. Seller hereby waives any
and all existing and/or future rights it may have to the fair market
value of said Property, appraisals, etc. , as provided for 'by said
Federal Law and any corresponding California Government Code Sections.
In evidence of such Bargain Sale, District shall execute and submit
into escrow Internal Revenue Service Form 8283, as appropriate.
8. Miscellaneous Provisions.
P
8 . 01 Choice of Law. The internal laws of the State of
California, regardless of any choice of law principles, shall govern
the validity of this Agreement, the construction of its terms and
the interpretation of the rights and duties of the parties.
8. 02 Attorneys ' Fees. If either party hereto incurs any
expense, including reasonable attorneys' fees, in connection with
any action or proceeding instituted by reason of any default or
alleged default of the other party hereunder, the party prevailing
Purchase Agreement - Bargain Sale-- Howatt/Haas Page 8
in such action or proceeding shall be entitled to recover from the
other party reasonable expenses and attorneys' fees in the amount .
determined by the Court, whether or not such action or proceeding
goes to final judgment. In the event of a settlement or final judg-
ment in which neither party is awarded all of the relief prayed for,
the prevailing party as determined by the Court shall be entitled to
recover from the other party reasonable expenses and attorneys' fees.
r. 03 Amendment and Waiver. The parties hereto may by
mutual written agreement amend this Agreement in any respect. Any
party hereto may: (i) extend the time for the performance of any of
the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in
this Agreement or in any documents delivered pursuant hereto; (iii)
waive compliance by the other party with any of the covenants con-
tained in this Agreement or the performance of any obligations of
the other party; or (iv) waive the fulfillment of any condition that
is precedent to the performance by such party of any of its obliga-
tions under this Agreement. Any agreement on the part of any party
for any such amendment, extension or waiver must be in writing.
8:-04 Rights Cumulative. Each and all of the various rights,
powers and remedies of the parties shall be considered to be cumula-
tive with and in addition to ahy 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 an rig
ht,ght, power or remedy shall neither constitute
the excl,usive• electian thereof nor the wa
iver of an
y other right,
power or remedy available to such
party.
8.05 Notices. All notices, consents, waivers or demands of
any kind which either party to this Agreement may be required or may
desire to serve on the other art i party n connection with this Agreement
Purchase Agreement - Bargain Sale -- Howatt/Haas Page 9
shall be in writing and may be delivered by personal service or sent
by telegraph ,or cable or sent by registered or certified mail, return
receipt requested, with postage thereon fully prepaid. All. such com-
munications shall be addressed as follows:
Seller: John Howatt
Louis Haas
8068 Winery Court
San Jose, CA 95135
(408) 274-6481
District: Midpeninsula Regional Open Space District
Old Mill Office Center
Building C, Suite 135
.201 San Antonio Circle
Mountain View, CA 94040
Attn: Herbert Grench, General Manager
(415) 949-5500
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, CA 94306
(415) 324-1366
If sent by telegraph or cable, a confirmed copy of such telegraphic
or cabled notice shall promptly be sent by mail (in the manner pro-
vided above) to the addressee. Service of any such communication
made only by mail shall be deemed complete on the date of actual deliv-
ery as shown by the addressee''s registry or certification receipt or -
at the expiration of the. third (3rd) business day after the date of
mailing, whichever is earlier in time. Either party hereto may from
time to time, by notice in writing served upon the other as aforesaid,
designate a different mailing address or a different person to which
such notices or demands are thereafter to be addressed or delivered.
Nothing contained in this Agreement shall excuse either party from
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.
i J
Purchase Agreement - Bargain Sale -- Howatt/Haas Page 10
8. 06 Severability. If any of the provisions of this Agree-
ment are .held. to be void or unenforceable by or as a result of a deter-
mination of any court of competent jurisdiction, the decision of which
is binding upon the parties, the parties agree that such determination
shall not result in the nullity or unenforceability of the remaining
portions of this Agreement. The parties further agree to replace such
void or unenforceable provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or
unenforceable provisions.
8. 07 Counterparts. This Agreement may be executed in sepa-
rate counterparts, each of which shall be deemed as an original, and
when executed, . separately or together, shall constitute a single
original instrument, effective in the same manner as if the parties
had executed one and the same instrument.
8. 08 Waiver. No waiver of any term, provision or condi-
tion of this Agreement, whether by conduct or otherwise, in any one-
or more instances, shall be deemed to be, or be construed as, .a fur-
ther or continuing waiver of any such term, provision or condition
or as a waiver of any other term, provision or condition of this
Agreement.
8. 09 Entire Agreement. This Agreement is intended by the
parties to be the final expression of their agreement; it embodies
the entire agreement and understanding between the parties hereto;. -
it constitutes a complete and exclusive statement of the terms and
conditions thereof, and it supersedes any and all prior correspond-
ence, conversations, negotiations, agreements or understandings
relating to the same subject matter.
8. 10 Time of Essence. Time is of the essence of each pro-
vision of this Agreement in which time is an element.
i
Purchase Agreement - Bargain Sale -- Howatt/Haas Page 11
,8.11 , 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 art to the other, shall
party 2 survive the Closing
and be binding upon and inure to the benefit of the respective
parties hereto and their respective heirs, successors and permitted
assigns.
8. 12 Assignment. Except as expressly permitted herein,
neither party to this Agreement shall assign its rights or obliga-
tions under this Agreement to any third party without the prior
written approval of the other party.
8.13 Further Documents and Acts. Each of the parties
hereto agrees to execute and deliver such further documents and
, perform such other acts as may be reasonably necessary or appro-
priate to consummate and carry into effect the transactions
described and contemplated under this Agreement.
8. 14 Binding on Successors and Assigns . This Agreement
and all of its terms, conditions and covenants are intended to be
fully effective and binding, to the extent permitted by law, on the
successors and permitted assigns of the parties hereto.
8. 15 Captions. Captions are provided herein for con-
venience only and they form no part of this Agreement and are not
to serve as a basis for interpretation or construction of this Agree-
ment, nor as evidence of the intention of the parties hereto.
8. 16 Pronoun References . In this Agreement, if it be
appropriate, the use of the singular shall include the plural, and
the plural shall include the singular, and the use of any gender
shall include all other genders as appropriate.
I
Purchase Agreement - Bargain Sale -- Howatt/Haas Page 12
8. 17 Broker' s Commission. Each party agrees to and does
hereby indemnify and hold the other harmless from and against any
and all costs, liabilities, losses, damages , claims causes of action
or proceedings which may result from any broker, agent or finder,
licensed or otherwise, claiming through, under or by reason of the
conduct of the indemnifying party in connection with this transaction,
9.. Acceptance. Provided that this Agreement is signed by Seller
and returned to District on or before. December 12, 1986-, District
shall have 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 consideration for the tender of said offer District has paid and
Seller acknowledges receipt of the sum of Ten Dollars ($10.00) .
Provided that this Agreement is accepted by District, this transaction
shall close as soon as practicable in accordance with the terms and
conditions set forth herein.
Purchase Agreement .- Bargain Sale -- howatt/Haas
Page 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
.be executed by their duly authorized officers to be effective as of
the date of final execution by District in accordance with the terms
hereof.
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
APPROVED AS TO FORM:
Joh owatt
-Date:
Stanley to ton, District Counsel
P
ACCE_ T F RECOMMENDATION:
Lan
ou s Haas
I
li L. eraig ritton Date:
Land Acquisition Manager - -�
APPROVED AND `ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT -
BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND. ALL OTHER DOCUMENTS NECESSARY OR APPROPRI-
ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL
OPEN SPACE PRESERVE - LANDS OF MILLER 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 - Bargain Sale between Jeanne E.
Miller et al. and the Midpeninsula Regional Open Space District, a
copy of which is attached hereto and by reference made a part hereof,
and authorizes the President or appropriate officers to execute the
Agreement on behalf of the Distrrct.
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.an action.
Section Four. The General Manager of the District is
authorized insur-
ance, to expend up to $5 ,000 to cover the cost of title insur
ance, escrow fees, and other miscellaneous costs related to this
transaction.
RESOLUTION NO. 86-75
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT -
BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI-
ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL
OPEN SPACE PRESERVE - LANDS OF MILLER 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 - Bargain Sale between Jeanne E.
Miller et al. and the Midpeninsula Regional Open Space District, a
copy of which is attached hereto and by reference made a part hereof,
and authorizes the President or appropriate officers to execute the
Agreement on behalf of the Distirct.
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.
PURCHASE AGREEMENT - BARGAIN SALE
This Agreement is made and entered into by and between JEANNE E.
MILLER, PATRICIA T. ATKINSON, RAYMOND T. GALLAGHER, and HALLEY,
CORNELL & LYNCH, a Professional Corporation, hereinafter called
"Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public
District formed pursuant to Article 3 of Chapter 3 of Division 5 of
the California Public Resources Code, hereinafter called "District. "
WITNESSETH
WHEREAS, Seller is the owner of certain real property which has
natural beauty, open space and recreational value, and ecological
significance, located within an unincorporated area of the County
of Santa Clara, and being more particularly described within the
body of this Agreement.
F
WHEREAS, District was formed by voter initiative to solicit and
receive conveyances of real property, by purchase, exchange, gift,
or bargain purchase for public park, recreation, scenic and open
space purposes,
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological and aesthetic resources
of the midpeninsula area, and
WHEREAS, Seller, out of their desire to promote the public social
and economic welfare, and to share the natural and scenic beauty
and enjoyment of said property with the citizens of the midpeninsula
area, wishes to sell and convey the entirety of said property to
District at a purchase price below its fair market value, and District
wishes to purchase and receive said property at the advantageous price
so offered.
Purchase Agreement - Bargain Sale Page 2
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows:
1. Purchase and. Sale. Seller agrees to sell to District, and
District agrees to purchase from Seller, Seller' s real property
located within an unincorporated area of the County of Santa Clara,
State of California, containing approximately one hundred and sixty
(160) acres, more or less, and co=-nonly referred to as Santa Clara
County Assessor' s Parcel No. 562-21-001 and being more particularly
described in Preliminary Title Report No. 0540963 , dated November 3,
1986, from Ticor Title Insurance Company, attached hereto as Exhibit
"A" and by this reference incorporated herein and made a part hereof.
Said Property to be conveyed together with any easements, rights of
way, or rights of use which may be appurtenant or attributable to
the aforesaid lands, and any and all improvements attached or affixed
thereto. All of said real property and appurtenances hereinafter
called the "Subject Property" or the "Property. "
2. Purchase Price. The total purchase price ("Purchase Price" )
for the Property shall be Eighty 'Thousand and No/100 Dollars
($80, 000. 00) , which shall be paid it cash at the "Closing" as defined
in Section 3 hereof.
3. Escrow. Promptly upon ex.eeution of this Agreement, in
accordance with Section 9 herein, an escrow shall be opened at Ticor
Title Insurance Company, 8010 Wayland Way, Gilroy, CA 95020,
(408) 842-5669, or other title company acceptable to District (herein-
after "Escrow Holder") through which the purchase and sale of the
Property shall be consummated. A fully executed copy of this Agreement
shall be deposited with Escrow Holder to serve as escrow instructions
to Escrow Holder, provided that the parties shall execute such addi-
tional supplementary or customary escrow instructions as the Escrow
Holder may reasonably require. This Agreement may be amended or sup-
plemented by explicit additional escrow instructions signed by the
Purchase Agreement - Bargain Sale Page 3
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 con-
ditions to apply to said escrow:
(a) The time provided for in the escrow for the close thereof
shall be on or before the expiration of thirty (30) days following
execution of this Agreement b
Y both Sel
ler and Dist
rict;
provided,
however, that the parties may, by written agreement, extend the time
for Closing. The term "Closing" as used herein shall be deemed to be
the date when Escrow Holder causes the Grant Deed (as defined below)
to be recorded in the Office of the County Recorder of Santa Clara
County. The final date for Closing, including any written extensions
as provided for herein, shall be on or before December 31, 1986.
(b) Seller and District shall, during the escrow period,
execute any and all, documents and perform any and all acts reason-
ably necessary or appropriate to consummate the purchase and sale
pursuant to the terms of this Agreement.
(c) Seller shall deposit into the escrow on or before the
Closing an executed and recordable Grant Deed covering the Property
as described in said Exhibit "A" .
(d) District shall deposit into the escrow, on or before
the Closing:
(i) The required Certificate of Acceptance for the
Grant Deed, duly executed by District and to be dated as of the
Closing.
(ii) District ' s check payable to Escrow Holder in the
amount of Eighty Thousand and No/100 Dollars ($80, 000 .00) .
I
I
F
Purchase Agreement - Bargain Sale Page 4
(e) District shall a for the escr Stan-
dard y escrow , fees,fees
. the CLTA Stan �
dard Policy of Title Insurance, if required by District, and all
recording costs and fees. All other costs or expenses not otherwise
provided for in this Agreement shall be apportioned or allocated
between District and Seller in the manner c` ustomary 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
E
escrow procedures.
(f) Seller shall cause Ticor Title Insurance Company, or
other title company acceptable to District, to be prepared and com-
mitted to deliver to District standard coverage CLTA Standard Policy
of Title Insurance, dated as of the Closing, insuring District in
the amount of $80, 000. 00 for the Property showing title to the Prop-
erty vested in fee simple in District, subject only to: W cur-
rent real property taxes; (ii) the listed exceptions 2 and 3 as
set forth in said Preliminary Title Report attached hereto as Exhibit
"A" , (iii) those additional title exceptions as may be acceptable
to District. In the event District disapproves of any additional
title exceptions and Seller is unable to remove any District dis-
approved exceptions before the time set forth for the Closing, District
shall have the right either: M to terminate the escrow provided for
herein (after giving written notice to Seller of such disapproved
exceptions and affording Seller at least twenty (20) days to remove
such exceptions) and then Escrow Holder and Seller shall , upon Dis-
trict' s direction, return to the parties depositing the same, all
monies and documents theretofore delivered to Escrow Holder or; (ii)
to close the escrow and consummate the purchase of the Property.
Purchase Agreement - Bargain Sale Page 5
(g) Escrow Holder shall when all required
fun
ds and i nstru
-
meats have been deposited into the escrow b the appropriate Ypasties
and when all other conditions to Closing have been fulfilled cause
the Grant Deed and attendant Certificate
tificate 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 the title insurance if required herein, and E
to Seller Escrow Holder' s check for the full purchase price of the
Subject Property (less Seller' s portion of the expenses described
in Section 3 (e) ) , and to District or Seller, as the case may be, all
other documents or instruments which are to be delivered to them.
In the event the escrow terminates as provided herein, Escrow Holder
shall return all monies , documents or other things of value deposited
in the escrow to the party depositing the same.
4. Rights and Liabilities of the Parties in the Event of
r Termination. In the event this Agreement is terminated and escrow is
cancelled for any reason, all parties shall be excused from any further
obligations hereunder, except as otherwise provided herein. Upon any
such termination of escrow, all parties hereto shall be jointly and
severally liable to Escrow Holder for payment of its title and
escrow cancellation charges (subject to rights of subrogation against
any party whose fault may have caused such termination of escrow) ,
and each party expressly reserves any other rights and remedies which
it may have against any other party by reason of a wrongful termina-
tion or failure to close escrow.
5 . Leases or Occupancy of Premises . Seller warrants that
there exist no oral or written leases or rental agreements affecting
all or any portion of the Subject Property. Seller further warrants
and agrees to hold District free and harmless and to reimburse Dis-
trict for any and all costs, liability, loss, damage or expense,
including costs for legal services , occasioned by reason of any such
Purchase Agreement - Bargain Sale Page 6
lease or rental agreement ,of the Property being acquired by District,
including but not limited to claims for relocation benefits and/or
payments pursuant to California Government Code Section 7260 et -sea---
Seller understands and agrees that the provisions of this paragraph
shall survive the close of escrow and recordation of any Grant Deed(s) .
6. Seller' s Representations and Warranties. For the purpose
of consummating the. sale and purchase of the Property in accordance
herewith, Seller represents and warrants to District that as of the
date this Agreement is fully executed and as of the date of Closing:
6. 01 Authority. Seller has the full, right, power and
authority to enter into this Agreement and to perform the transactions
contemplated hereunder.
6. 02 Valid and Binding Agreements. This Agreement and all
other documents delivered by Seller to District now or at the Closing
have been or will be duly authorized and executed and delivered by
Seller and are legal ,. valid, and binding obligations of Seller suf-
ficient to convey to District the Subject Property described
therein, and are enforceable in accordance with. their respective
terms and do not violate any provisions of any agreement to which
Seller is a party or by which Seller may be bound or any articles,
bylaws or corporate resolutions of Seller.
6. 03 Good Title. Seller has and at the Closing date shall
have good, marketable and indefeasible fee simple title to the Subject
Property, and the interests therein to be conveyed to District hereunder,
free and clear of all liens and encumbrances of any type whatsoever
and free and clear of any recorded or unrecorded option rights or
purchase rights or any other right, title or interest held by any
Purchase Agreement - Bargain Sale Page 7
third party except for the exceptions permitted under the express
terms hereof, and Seller shall forever indemnify and defend District
from and against any claims made by any third party which are based
upon any inaccuracy in the foregoing representations.
7. Waiver of Statutory Compensation/Bargain Sale. . Seller and
District understand and agree that Seller may be entitled to receive
the fair market value of the Property described in Exhibit "A" , as
provided for by the Federal Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 (Public Law 91-646) and California
Government Code Section 7267 , and following. Further, it is acknowl-
edged by District and Seller that the purchase price being paid for
the Property is less than the Property' s fair market value, and that
the difference in price being paid to District and the Property' s
fair market value is being donated to District as part of this trans-
action. Seller hereby waives any and all existing and/or future
rights it may have to the fair market value of said Property,
appraisals, etc. , as provided for by said Federal Law and any cor-
responding California Government Code Sections. In evidence of such
Bargain Sale, District shall execute and submit into escrow Internal
Revenue Service Form 8283 , as appropriate.
8 . Miscellaneous Provisions.
8 . 01 Choice of Law. The internal laws of the State of
California, regardless of any choice of law principles, shall govern
the validity of this Agreement, the construction of its terms and
the interpretation of the rights and duties of the parties.
8. 02 Attorneys ' Fees. If either party hereto incurs any
expense, including reasonable attorneys' fees, in connection with
any action or proceeding instituted by reason of any default or
alleged default of the other party hereunder, the party prevailing
I
Purchase Agreement - Bargain Sale Page 8
in such. action of proceeding shall be entitled to recover from the
other party reasonable expenses and attorneys ' fees in the amount
determined by the Court, whether or not such action or proceeding
goes to final judgment. In the event of a settlement or final judg-
ment in which neither party is awarded all of the relief prayed for,
the prevailing party as determined by the Court shall be entitled to
recover from the other party reasonable expenses and attorneys ' fees.
8. 03 ' Amendment and Waiver. The parties hereto may by
mutual written agreement amend this Agreement in any respect. Any
party hereto may: (i) extend the time for the performance of any of
the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in
this Agreement or in any documents delivered pursuant hereto; (iii)
waive compliance by the other party with any of the covenants con-
tained in this Agreement or the performance of any obligations of
the other party; or (iv) waive the fulfillment of any condition that
is precedent to the performance by such party of any of its obliga-
tions under this Agreement. Any agreement on the part of any party
for any such amendment, extension or waiver must be in writing.
8. 04 Rights Cumulative. Each and all of the various rights,
powers and remedies of the parties shall be considered to be cumula-
tive with and in addition to any other rights, powers and remedies
which the parties may have at law or in equity in the event of the
breach of any of the terms of this Agreement. The exercise or par-
tial exercise of any right, power or remedy shall neither constitute
the
-�_xcl,usive.: election thereof nor the waiver of any other right,
power or remedy available to such party.
8 .05 Notices . All notices , consents , waivers or demands of
any kind which either party to this Agreement may be required or may
desire to serve on the other party in connection with this Agreement
Purchase Agreement - Bargain Sale page 9
shall be in writing and may be delivered by personal service or sent
by telegraph or cable or sent by registered or certified mail, return
receipt requested, with postage thereon fully prepaid. All such com-
munications shall be addressed as follows:
Seller: Jeanne E. Miller
Patricia A. Atkinson
Raymond T. Gallagher
Halley, Cornell & Lynch
c/o Halley, Cornell & Lynch
50 California Street
San Francisco, CA 94111
(415) 981-7700
District: Midpeninsula Regional Open Space District
Old Mill Office Center
Building C, Suite 135
201 San Antonio Circle
Mountain View, CA 94040
Attn: Herbert Grench, General Manager
(415) 949-5500
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, CA 94306
(415) 324-1366
If sent by telegraph or cable, a confirmed copy of such telegraphic
or cabled notice shall promptly be sent by mail (in the manner pro-
vided above) to the addressee. Service of any such communication
made only by mail shall be deemed complete on the date of actual deliv-
ery as shown by the addressee' s registry or certification receipt or -
at the expiration of the third (3rd) business day after the date of
mailing, whichever is earlier in time. Either party hereto may from
time to time, by notice in writing served upon the other as aforesaid,
designate a different mailing address or a different person to which
such notices or demands are thereafter to be addressed or delivered.
Nothing contained in this Agreement shall excuse either party from
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.
Purchase Agreement - Bargain Sale Page 10
8. 06 Severability. If any of the provisions of this Agree-
ment are held to be void or unenforceable by or as a result of a deter-
mination of any court of competent jurisdiction, the decision of which
is binding upon the parties, the parties agree that such determination
shall not result in the nullity or unenforceability of the remaining
portions of this Agreement. The parties further agree to replace such
void or unenforceable provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or
unenforceable provisions.
8. 07 Counterparts. This Agreement may be executed in sepa-
rate counterparts, each of which shall be deemed as an original, and
when executed, separately or together, shall constitute a single
original instrument, effective in the same manner as if the parties
had executed one and the same instrument.
8. 08 Waiver. No waiver of any term, provision or condi-
tion of this Agreement, whether by conduct or otherwise, in any one
or more instances, shall be deemed to be, or be construed as , .a fur-
ther or continuing waiver of any such term, provision or condition
or as a waiver of any other term, provision or condition of this
Agreement.
8. 09 Entire Agreement. This Agreement is intended by the
parties to be the final expression of their agreement; it embodies
the entire agreement and understanding between the parties hereto;
it constitutes a complete and exclusive statement of the terms and
conditions thereof, and it supersedes any and all prior correspond-
ence, conversations, negotiations, agreements or understandings
relating to the same subject matter.
8. 10 Time of Essence. Time is of the essence of each pro-
vision of this Agreement in which time is an element.
x
4
1
Purchase Agreement - Bargain Sale Page 11
8. 11jSurvival of Covenants. All covenants of District or
Seller which .are expressly intended hereunder to be performed in
whole or in part after the Closing, and all representations and
warranties by either party to the other, shall survive the Closing
and be binding upon and inure to the benefit of the respective
parties hereto and their respective heirs, successors and permitted
assigns.
I
8.. 12 ; Assignment. Except as expressly permitted herein,
neither party to this Agreement shall assign its rights or obliga-
tions under this Agreement to any third party without the prior
written approval of the other party.
8. 13 Further Documents and Acts. Each of the parties
hereto agrees to execute and deliver such further documents and
perform such other acts as may be reasonably necessary or appro-
priate to consummate and carry into effect the transactions
described and contemplated under this Agreement.
8. 14 Binding on Successors and Assigns . This Agreement
and all of its terms , conditions and covenants are intended to be
fully effective and binding, to the extent permitted by law, on the
successors and permitted assigns of the parties hereto.
$. 15 Captions , Captions are provided herein for con-
venience only and they form no part of this Agreement and are not
to serve as a basis for interpretation or construction of this Agree-
ment, nor as evidence of the intention of the parties hereto.
8 . 16 Pronoun References . In this Agreement, if it be
appropriate, the use of the singular shall include the plural, and
the plural shall include the singular,
and nd the
use
of
any gender
er
shall include all other genders as appropriate.
Purchase Agreement - Bargain Sale Page 12
9 �
8. 17 Broker' s Commission. District shall not be respon-
sible for any. real estate commission or other related costs or fees
in this transaction. 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 proceed-
ings. which may result from any broker, agent or finder, licensed
or otherwise, claiming through, under or by reason of the conduct of
the indemnifying party in connection with this transaction.
9. Acceptance. Provided that this Agreement is signed by Seller
and returned to District on or before. December 8 , 1986-, District
shall have 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 consideration for the tender of said offer District has paid and
Seller acknowledges receipt of the sum of Ten Dollars ($10.00) .
Provided that this Agreement is accepted by District, this transaction
shall close as soon as practicable in accordance with the terms and
conditions set forth herein.
Purchase Agreement '- Bargain '.Sale Page 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their duly authorized officers to be effective as of
the date -of final -execution by District in accordance with the terms
hereof.
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
APPROVED AS TO FOR1,1:
J anne E. Miller
A
Date: /�
SOanle;f* ton, District Counsel
ACCEPTF F,O RECOM.IENDATION: t '
inn
Patricia T. Atkinson
Date:
L. Craig B �itton
Land Acquisition Manager
APPROVED AND ACCEPTED: `
P.ay-m nd '. al gh r
Date:
President, Board of Directors
Halley, Cornell & Lynch,
A Prof 'onal Corpor ion
ATTEST: By:
Date:
District Cl erk
Date:
PRELIMINARY"REPORT
8010 Wayland Lane Your Ref : 562-21-001
Gilroy, CA 95020 , CA
( 403 ) z342-5669
November' 24 , 1986
Our No: 0540963 0000
Douglas S. Neilson Your No:
Real Estate Broker 7845 Monterey Street
Gilroy, CA 95020
Atcn:
in response to the above referenced application for a Policy of Title
Insurance,* -TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby reports
that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and
the estate or interest therein hereinafter set forth , insuring against
loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception below or not
excluded from coverage pursuant to the printed Schedules , Conditions
and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy
or Policies are set forth on the attached cover . Copies of the Policy
forms should be read. They are available from the office which issued
this report.
This report (and any supplements or a;,endments thereto) is issued
solely for the purpose of facilitating the issuance of a Policy of
Title Insurance and no liability is assumed hereby. If it is desired
that liability be assumed prior to the issuance of a Policy of Title
Insurance, a Binder or Commitment should be requested .
Dated as of November 3, 1986 at 7: 30 a.m.
Bob Kirk Title Cfficer
Sharon E. LaFountain Escrow Officer
The estate or interest in the land hereinafter described or referred to
covered b this is Report is P a fee
.
Title to said estate or interest at the date hereof is vested in :
Jeanne E. Miller, Patricia T. Atkinson, and
Raymond T. Gallagher, each as to an undivided 3/10
interest and Halley, Cornell E Lynch,
y A Professional
Y
Corporation, an undivi
ded 1/10
(One-
tenth
inter
est
EXH 1131 1
Page ,
Ticor Title Insurance Company of California
TICOR TITLE INSUN,,NClec
APPLICATION NUMBER : 0540963 0000
At the date hereof exceptions to coverage in addition to the printed
Exceptions and Exclusions contained in said Policy For would be as
:ollovs:,
A.
GENERAL AND SPECIAL .TAXES Al
D ASSESSMENTS, IF ANY, FOP . TF?E -
FISCAL YEAR 1986-1987 :
Assessment No. : 562-21-001
Code No. : 72-007
First installment : $347.78 Due and payable
Second installment : $347.78 Payable Eut not
Assessed valuation of
yet due
Personal property : None
B. Supplemental taxes for the fiscal year 1986-87 assessed
pursuant to the provisions of Chapter 3.5 (commencing with
Section 75) of the Revenue and Taxation Code of the State
of California .
Assessors Parcel No. : 562-21-001-41
First Installment : $44 .23 Paid
Second Installment : $44 . 23 Delinquent penalty $ 4 .42
+ cost $ 10 .00
Delinquent Date : 10/31186
C. Supplemental taxes for the fiscal year 1986-87 assessed
Pursuant to the provisions of Chapter 3.5 (commenci-ng with
Section 75) of the Revenue and Taxation Cade of the State
of California.
Assessors Parcel No. : 562-21-001-42
First Installment : $60.84 Paid
Second Installment : $60 .84 Delinquent penalty $ 6 .08
+ cost $ 10 .00
Delinquent Date 10/31/86
D. The lien of supplemental taxes, if any, assessed pursuant to the
Provisions of Chapter 3. 5, (commencing with Section 75) of the Revenue
and Taxation Code of the State of California .
2 . Easements for any existing roads, both public and private. .kp on
3. AN ZASE.IIENT affecting a portion of said land, the exact location
-2-
E`H1131 '
Ticor Title Insurance Company of California Page
TIC®R TITLE INSM, J C
APPLICATION- NUMBER : . 0540963 0000
thereof cannot be ascertained of record , and for the purposes stated
herein, and incidental purposes,
In flavor of :, Raymond J. Gallagher, Henry-R. Miller and Nancy
L. Branigan
For. The Pacific Telephone and Telegraph Company,
A Corporation
Recorded July 6, 1960 In Book 4846 Page 310
Official Records
4 . Other matters of record which do not describe said land, but which ,
if any exist, may affect the title. The necessary search and
examination will be completed when a Statement of Information has teen
received from Jeanne E. - Miller.
_3!
EXHIBIT
PageTicor Title Insurance Company of California Ca.
D TICOR TITLE INSURP..jC6
APPLICATION gUHBER : 0540953 0000
NOTES : .
NOTE 1' TITL OF THE YESTEE HEREIN was acquired by deed recorded Prior
to six months from the date hereof .
h0Ta 2 Effective March 1 , 19?9 there vi11 be an additional S10.00
fee for recording a Deed with a Legal Description other than an entire
lot in a recorded final map. If there are any questions, please call
Your Escrow Office
r or Tit
le Officer.
NOTE: 3 Senate Bill 1550 (Chapter 1004 , Statutes of 1984 ) is
effective January 1 , 1985. This law mandates all funds be collected
and available for withdrawal prior to disbursement. Delays in closing
will occur if funding is by other than bank wire, cashiers check or
similar items drawn on a California Bank . Drafts and checks drawn
on out-of-state financial institutions may require separate collection
or a minimum statutory period for bank clearinghouse processing in
lieu of notice that a particular item has been paid.
NOTE 4 : On or after July 1 , 1985, the County Recorder's Office will
charge , in addition to the regular recording charges, an extra $20.00
recording fee, unless a document evidencing a change of ownership is
accompanied by a Preliminary Change of Ownership report. In lieu of
said report, signed by the transferee, the racorder will accept an
r affidavit that the transferee is not a resident of California . Title
billings will be adjusted to reflect such additional fees when
aP,nlicable.
Yet/an lid-oty
-4-
EISIT
Ticor Title Insurance Company of California Pa se of
APPLICATION- NUMBER : - 0540963 0000
SCHEDULE C
The land referred to herein is described as follows:
All that certain real property in the County of Santa
C'lara , State of California, described as follows:
The Southwest one-quarter of Section 21 , Township o South, Range 1 ,
East, "fount Diablo Base and Meridian , containing 160 acres of land,
more or less, acord'ing to the official plat of the survey of said lands
an file in the office of the Bureau of Land Management, approved
October 10 , 1883.
-5-
EXHmrr
Ticor Title Insurance Company of California Page �Dl
Printed Policy Exceptions and Exclusions
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY--1979
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not 3 Title Risks:
insured against loss,costs, attorneys' fees and expenses result- " that are created,allowed or agreed to by you
ing from:
" that are known to you, but not to us,on the Policy Date-
1 Governmental police power,and the existence or violation unless they appeared in the public records
of any law or government regulation. This includes building • that result in no loss to you
and zoning ordinances and also laws and regulations con-
_, cerning: ■ that first affect your title after the Policy Date—this does
not limit the labor and material lien.
" land use coverage in Item 8 of
Covered Title Risks
" improvements on the land
" 4 Failure to pay value for your title.
land division _
" environmental protection 5 Lack of a right:
This exclusion does not limit the zoning coverage described " to any land outside the area specifically described and
in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A,or
2 The right to take the land by condemning it, unless a no- " in streets,alleys or waterways that touch your land
tice of taking appears in the public records on the Policy This exclusion does not limit the access coverage in Item 5
Date. of Covered Title Risks.
.. _._ SCHEDULE S—STANDARD EXCEPTIONS
(A) Any rights, interests or claims of parties in possession of the land not shown by the public records.
(B) Any easements or liens not shown by the public records.
-.This does not limit the lien coverage in Item 8 of the Covered Title Risks.
(C) Any facts about the land which a correct survey would disclose and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12 of Covered Title Risks.
(D) Any water rights,claims or title to water on or under the land.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,dimensions or location of any improvement
now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,
or the effect of any violation of any such law,ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or
at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c) resulting .in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance
is afforded he, as to any statutory lien for-labor or material or to the extent insurance is afforded herein as to asses ts for
street improvements under construction or completed at Date of Policy). HISIT
s en
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Polp fan bse7_ er Br of the indebtedness to comply with applicable "doing business" laws of the state in which the land is s� a gd._ '7 "
(Exceptions and.Exclusions Continued on Reverse Side)
4,
• }ytQ�
• ( OFFICE OF COUNTY ASSESSOR•••SANTA CLARA COUMI`F, CAUFORNIA
•51 � �' 000 K ►AG C
a 5G2 21 1
: { I n:s Is-.ct a 5c!vcy of tna 13.%l but is cornnuoe
Ict cIIC.:"Wl",n trcM.CIL•C Sh0W'l by-"a c'Gct1
•: t 22 O rvcorcz by T;cor M.
1.sura•^. o Co:;pang.
P- 25 23
y :'7 SFaFc taa.c (aulw r(att„ifJ 3 t(.tR FQ 2 tPt 7150 7
th.10 Ar-TCrAL
•'i ' '. ' 1s1.10 At.TOTALI '
I
I (41 :0-14 i 1(•t9a Ad 7
It
16aK (autxd IZ 1(41.16c0 U Z� utuS JO-------KiLlJap
t
S, IWO At.nrLL � 193.10 Ac.TOTAL
F :•` (acwaV 13 i(+a»FS1 34 i(anW is
igm—
Q`a"iwrRsvcwxe+u*�art�fs�.,S
a ' QFLZTN[F>z•YAKJr IJ�is ,
i'AttfnCD C GtRLSO•Y�AwT+1.6A1
a
- r
Printed Policy Exceptions and Exclusions (Continued)
CALIFORNIA 1 TITLE ASSOCIATION STANDARD 'ERAGE POLICY-1973
(Amended 12-6-85 and 2-20-L
SCHEDULE 8 PART I
This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reason of
the following: _
1. Taxes or*assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether r 9 o not s the records how eco s of such agency or by the public records. n by
2. Any facts,rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the,issuance thereof;(c)water rights,
claims or title to water, whether or not the matters excepted under(a), (b), or(c) are shown by the public records.
6. Any right,title, interest,estate or easement inland beyond the lines of the area specifically described or referred to in Schedule C.
or in abutting streets,roads,avenues,alleys,lanes,ways or waterways,but nothing in this paragraph shall modify or limit the extent
to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy.
7. Any 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 dimensionsor area of
the land or any parcel of which the land is or was a part,whether or not shown by the public records at Date of Policy,or the effect of
any violation of any such law,ordinance or governmental regulation,whether or not shown by the public records at Date of Policy.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records.
9. Defects, liens,encumbrances,adverse claims,or other matters(a)whether or not shown by the public records at Date of Policy,but
created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise
excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or
interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the
insured claimant had been a purchaser or encumbrancer for value without knowledge.
10. Any facts,rights,interest or claims which are not shown by the public records but which could be ascertained by making inquiry of
the lessors in the lease or leases described or referred to in Schedule A.
11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in
Schedule A.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
(AP.",ENDED 10-17-70) -
SCHEDULE OF EXCLUSIOPJS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting
or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating the character,dimensions or loca-
tion of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in
the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in
the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by e insured
claimant; (b) not known to the Company and not shown by the public records but kn r.
Z� not dis ed cl nt e" r
at Date of Policy or at the date such claimant acquired an estate or interest by this policy an drs. by
the insured claimant to the Company prior to the date such insured claimant became zi ered h ur �( esu_jlting
in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date o ol• lsu� or
damage which would not have been sustained if the insuredclaimant h 'had t I�
this polrcpaid value for the estate or interest insured by
Y
Pr incitl«l Office 63001A1ilsh,re Boulevard. P.O.
_ Sox 92792, Los Anieles,California 90009
R-86-125
(Meeting 86-30
AW December 22, 1986)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December ll;. 1986
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARATION AND RESPONSIBILITY: C. Britton, Land Acquisition Manager;
D. Hansen, Land Manager; M. Gundert,
Associate Open Space Planner
SUBJECT: Proposed Jamison Property Addition to the Mt. Umunhum Area of
the Sierra Azul Open Space Preserve
Recommendation: I recommend that you adopt the accompanying Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing
Officer to Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other Documents Necessary
or Appropriate to Closing of the Transaction (Sierra Azul Open Space
Preserve - Lands of Jamison) .
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 Midpeninsula Regional Open Space District currently has
the opportunity to purchase 40 acres of land located within unincorporated
Santa Clara County, northeast of the summit of Mt. Umunhum. If acquired,
the property would become an addition to the Sierra Azul Open Space
Preserve - Mt. Umunhum Area.
A. Description of the Site
1. Size, Location and Boundaries
The 40. 0 acre property is located south of the City of San Jose
and southeast of the Town of Los Gatos. The District' s Mt. Umunhum
Area borders the property to the west, and private property adjoins
the remaining three sides. The portion of Mt. Umunhum Area sur-
rounding Bald Mountain is located one-quarter mile south of the
subject parcel. original boundaries of the Pueblo Lands of San
Jose touch the northeastern corner of the property.
The property is within the District' s Sphere of Influence but out-
side the formal boundary of the District.
R-86-125 PF.ge two
2. Topography, Geology and Natural Landscape
The steep north-facing slopes of this property range in elevation
from 1960 feet at the southern border of the property to 1440 feet
at the northern border. The property is located within the
Guadalupe Creek watershed.
Soils are of the Los Gatos-Maymen Association, developed on hard
sandstone and shales.
Vegetation on the north-facing slopes is characteristic of the
upland areas surrounding the Mt. Umunhum Area. Brushy chaparral
species predominate, including chamise, manzanita, coffeeberry,
poison oak, toyon, and ceanothus, along with scrub oak, canyon
live oak and knobcone pine.
B. Planning Considerations
The property falls within an unincorporated area of the County of Santa
Clara. The parcel is zoned Hillside which requires 20 to 160 acres
per dwelling unit based on a slope density formula. Open space use of
this land is in conformance with the County General Plan.
The property is located outside the District boundaries but within
the District' s Sphere of Influence. It has not received a rating on
the District' s Master Plan since the Sphere of Influence outside the
boundaries has yet to be incorporated into this Plan.
C. Current Use and Development
The property is undeveloped with regards to structures. Mt. Umunhum
Road cuts through the southeastern corner of the property. Approx-
imately 800 feet of the paved road is located on the property.
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 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 suit-
able 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
The property boundaries will be signed as appropriate. The cost is
estimated at $25 .
R-86-125 Page three
F. Dedication
The property should be withheld from dedication as open space at this
time to remain consistent with other District land holdings in the
immediate area. This will allow for flexibility in designating the
ultimate boundaries of the Open Space Preserve.
G. Name
The property should be named as an addition to the Sierra Azul Open
Space Preserve - Mt. Umunhum Area.
H. Terms
The attached Purchase Agreement provides for the payment of $85 ,600
($2, 140 per acre) in cash at close of escrow. Escrow is to close on
or before December 31, 1986.
Since the New Land Purchases budget amounts have been spent, funding
for this acquisition (as well as other recent ones) will come essen-
tially from monies which would have been set aside at the end of the
current fiscal year for the first half of the 1987-88 fiscal year
before substantial revenue for the new fiscal year is to be received.
Acquisition funds would, however, be replenished with the proposed
1987 note issue (see report R-86-129 of December 15, 1986) .
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PROPOSED AC UI S I T
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AZUL OPEN SPACE PRESERVE
MT. UMUNHUM AREA
146"� � �`'- �� N1. � SCALE 1" = 2000' NORTH
RESOLUTION NO. 86-76
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT -
BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI-
ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL
OPEN SPACE PRESERVE - LANDS OF JAMISON)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept the offer contained
in that certain Purchase Agreement - Bargain Sale between Joan Lee
Jamison 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.
PURCHASE AGREEMENT - BARGAIN SALE
This Agreement is made and entered into by and between JOAN LEE
JAMISON, hereinafter called "Seller" and the MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT, a Public District formed pursuant to Article
3 of Chapter 3 of Division 5 of the California Public Resources
Code, hereinafter called "District. "
WITNESSETH
WHEREAS, Seller is the owner of certain real property which has
natural beauty, open space and recreational value, and ecological
significance, located within an unincorporated area of the County
of Santa Clara, and being more particularly described within the
body of this Agreement.
C
WHEREAS, District was formed by voter initiative to solicit and
receive conveyances of real property, by purchase, exchange, gift,
or bargain purchase for public park, recreation, scenic and open
space purposes,
WHEREAS, District desires to purchase said property for open space
preservation and as part of th6 ecological and aesthetic resources
of the midpeninsula area, and
WHEREAS, Seller, out of their desire to promote the public social
and economic welfare, and to share the natural and scenic beauty
and enjoyment of said property with the citizens of the midpeninsula
area, wishes to sell and convey the entirety of said property to
District at a purchase price below its fair market value, and District
wishes to purchase and receive said property at the advantageous price
so offered.
Purchase Agreement - Bargain Sale -- Jamison Page 2
I
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows:
1. Purchase and Sale. Seller agrees to sell to District, and
District agrees to purchase from Seller, Seller's real property
located within an unincorporated area of the County of Santa Clara,
State of California, containing approximately forty (40) acres,
more- or less , and commonly referred to as Santa Clara County Asses-
sor' s Parcel No. 562-22-033 and being more particularly described
as Parcel 2 in Preliminary Title Report No. 101678, dated January
7 , 1986, from First American Title Guaranty Company, attached hereto
as Exhibit "A" and by this reference incorporated herein and made
a part hereof. Said Property to be conveyed together with any ease-
ments, 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. All of said real property and appur-
tenances hereinafter called the "Subject Property" or the "Property. "
2. Purchase Price. The total purchase price ("Purchase Price")
for the Property shall be Eighty-Five Thousand Six Hundred and No/100
Dollars ($85, 600 . 00) , which shall be paid in cash at the Closing
as defined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in
accordance with Section 9 herein, an escrow shall be opened at First
American Title Guaranty Company, 675 North First Street, San Jose,
CA 95112, (408) 286-6353 , or other title company acceptable to
District and Seller (hereinafter "Escrow Holder") through which the
purchase and sale of the Property shall be consummated. A fully
executed copy of this Agreement shall be deposited with Escrow Holder
to serve as escrow instructions to Escrow Holder; provided that the
parties shall execute such additional supplementary or customary
escrow instructions as the Escrow Holder may reasonably require.
This Agreement may be amended or supplemented by explicit additional
escrow instructions signed by the parties , but the printed portion
Purchase Agreement - Bargain Sale -- Jamison Page 3
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,
i
the documents and monies e to be deposited into the escrow as herein
provided, with the following terms and conditions to apply to said
escrow:
(a) The time provided for in the escrow for the close thereof
shall be on or before the expiration of thirty ;(30) days following
execution of this Agreement by both Seller and District; provided,
however, that the parties may, by written agreement, extend the tire
for Closing. The term "Closing" as used herein shall be deemed to be
the date when Escrow Holder causes the Grant Deed (as defined below)
to be recorded in the Office of the County Recorder of Santa Clara
County. The final date for Closing, including any written extensions
as provided for herein, shall be on or before December 31, 1986 .
t
(b) Seller and District shall, during the escrow period,
execute any and all documents and perform any and all acts reason-
ably necessary or appropriate to consummate the purchase and sale
pursuant to the terms of this Agreement.
(c) Seller shall deposit into the escrow on or before the
Closing an executed and recordable Grant Deed in a form acceptable
to District.
(d) District shall deposit into the escrow, on or before
the Closing:
(i) The required Certificate of Acceptance for the
Grant Deed, duly executed by District and to be dated as of the
Closing.
(ii) District' s check payable to Escrow Holder in the
amount of Eighty-Five Thousand Six Hundred and No/100 Dollars ($65,600.00) .
Purchase Agreement - Bargain Sale -- Jamison Page 4
(e) Seller shall pay for the escrow fees, the CLTA Stan-
dard Policy of Title Insurance, if required by District, and all
recording costs and fees. All other costs or expenses not otherwise
provided for in this Agreement shall be apportioned or allocated
between District and Seller in the manner customary in 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.
(f) Seller shall cause First American Title Guaranty Com-
pany, or other title company acceptable to District and Seller, to
be prepared and committed to deliver to District standard coverage
CLTA Policy of Title Insurance, dated as of the Closing,
insuring District in the amount of $85 ,600. 00 for the Property
showing title to the Property vested in fee simple in District, sub-
ject only to: (i) current real property taxes; (ii) the listed
exceptions 3,. 6, 7 and 8 as set forth in said Preliminary Title Report
attached hereto as Exhibit "A" , (iii) those additional title excep-
tions as may be acceptable to District. In the event District dis-
approves of any additional title exceptions before the time set forth
for the Closing, District shall have the right either: (i) to ter-
minate 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 con-
summate the purchase of the Property.
(g) Escrow Holder shall, when all required funds and instru-
ments have been deposited into the escrow by the appropriate parties
and when all other conditions to Closing have been fulfilled, cause
Purchase Agreement - Bargain Sale -- Jamison Page 5
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 the title insurance if required herein, and
to Seller Escrow Holder's check for the full purchase price of the
Subject Property (less Seller's portion of the expenses described
in Section 3 (e) ) , and to District or Seller, as the case may be, all
other documents or instruments which are to be delivered to them.
In the event the escrow terminates as provided herein, Escrow Holder
shall return all monies, documents or other things of value deposited
in the escrow to the party depositing the same. j
4. Rights and Liabilities of the Parties in the Event of
Termination. In the event this Agreement is terminated and escrow is
cancelled for any reason, all parties shall be excused from any further
obligations hereunder, except as otherwise provided herein. Upon any
such termination of escrow, all parties hereto shall be jointly and
severally liable to Escrow Holder for payment of its title and
escrow cancellation charges (subject to rights of subrogation against
any party whose fault may have caused such termination of escrow) ,
and each party expressly reserves any other rights and remedies which
it may have against any other party by reason of a wrongful termina-
tion or failure to close escrow.
5. Leases or Occupancy of Premises. Seller warrants that
there exist no oral or written leases or rental agreements affecting
all or any portion of the Subject Property. Seller further warrants
and agrees to hold District free and harmless and to reimburse Dis-
trict for any and all costs, liability, loss, damage or expense,
including costs for legal services, occasioned by reason of any such
I
Purchase Agreement - Bargain Sale -- Jamison Page. 6
lease or rental agreement of the Property being acquired by District,
including but not limited to claims for relocation benefits and/or
payments pursuant to California Government Code Section 7260 et seg.
Seller understands and agrees that the provisions of this paragraph
shall survive the close of escrow and recordation of any Grant Deed (s) .
6. Seller's Representations and Warranties. For the purpose
of consummating the sale and purchase of the Property in accordance
herewith, Seller represents and warrants to District that as of the
date this Agreement is fully executed and as of the date of Closing:
6. 01 Authority. Seller has the full right, power and
authority to enter into this Agreement and to perform the transactions
contemplated hereunder,
. 6. 02 Valid and Binding Agreements. This Agreement and all
other documents delivered by Seller to District now or at the Closing
have been or will be duly authorized and, executed and delivered by
Seller and are legal, valid and binding obligations of Seller suf-
ficient to convey to District the Subject Property described
therein, and are enforceable in accordance with their respective
terms and do not violate any provisions of any agreement to which
Seller is a party or by which Seller may be bound or any articles,
bylaws or corporate resolutions of Seller.
6. 03 Good Title. Seller has and at the Closing date shall
have good, marketable and indefeasible fee simple title to the Subject
Property, and the -interests therein to be conveyed to District hereunder,
free and clear of all liens and encumbrances of any type whatsoever
and free and clear of any recorded or unrecorded option rights or
purchase rights or any other right, title or interest held by any
Purchase Agreement Bargain Sale Jamison
Page 7
third party except for the exceptions permitted under the express
terms hereof, and Seller shall forever indemnify and defend District
from and against any claims made by any third party which are based
upon any inaccuracy in the foregoing representations.
7. Waiver of Statutory Compensation/Bargain Sale. . Seller and
District understand and agree that Seller may be entitled to receive
the fair market value of the Property described in Exhibit "A" , as
provided for by the Federal Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 (Public Law 91-646) and California
Government Code Section 7267 , and following. Further, it is acknowl-
edged by District and Seller that the purchase price being paid for
the Property is less than the Property' s fair market value, and that
the difference in price being paid to District and the Property' s
fair market value is being donated to District as part of this trans-
action. Seller hereby waives any and all existing and/or future
rights she may have to the fair market value of said Property,
appraisals, etc. , as provided for by said Federal Law and any cor-
responding California Government Code Sections. In evidence of such
Bargain Sale, District shall execute and submit into escrow Internal
. Revenue Service Form 8283, as appropriate.
8. Miscellaneous Provisions.
8 . 01 Choice of Law. The internal laws of the State of
California, regardless of any choice of law principles, shall govern
the validity of this Agreement, the construction of its terms and
the interpretation of the rights and duties of the parties.
8. 02 Attorneys ' Fees. If either party hereto incurs any
expense, including reasonable attorneys' fees, in connection with
any action or proceeding instituted by reason of any default or
alleged default of the other party hereunder, the party prevailing
Purchase Agreement - Bargain Sale -- Jamison page 8
in such action or proceeding shall be entitled to recover from the
other party reasonable expenses and attorneys' fees in the amount
determined by' the Court, whether or not such action or proceeding
goes to final judgment. In the event of a settlement or final judg-
ment in which neither party is awarded all of the relief prayed for,
the prevailing party as determined by the Court shall be entitled to
recover from the other party reasonable expenses and attorneys' fees.-
9.03 Amendment and Waiver. The parties hereto may by
mutual written agreement amend this Agreement in any respect. Any
party hereto may: (i) extend the time for the performance of any of
the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party .contained in
this Agreement or in any documents delivered pursuant hereto; (iii)
waive compliance by the other party with any of the covenants con-
tained in this Agreement or the performance of any obligations of
the other party; or (iv) waive the fulfillment of any condition that
is precedent to the performance by such party of any of its obliga-
tions under this Agreement. Any agreement on the part of any party
for any such amendment, extension or waiver must be in writing.
8.-04 Rights Cumulative. Each and all of the various rights,
powers and remedies of the parties shall be considered to be cumula-
tive with and in addition to ahy 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.
8.05 Notices . All notices, consents, waivers or demands of
any kind which either party to this Agreement may be required or may
desire to serve on the other party in connection with this Agreement
Purchase Agreement - Bargain Sale -- Jamison Page 9
shall be in writing and may be delivered by personal service or sent
by telegraph or cable or sent by registered or certified mail, return
receipt requested, with postage thereon fully prepaid. All such com-
munications shall be addressed as follows:
Seller: Joan Lee Jamison
4434 Chaboya Road
San Jose, CA 95148
(408) 274-2043
District: Midpeninsula Regional Open Space District
Old Mill Office Center
Building C, Suite 135
201 San Antonio Circle
Mountain View, CA 94040
Attn: Herbert Grench, General Manager
(415) 949-5500
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, CA 94306
(415) 324-1366
If sent by telegraph or cable, a confirmed copy of such telegraphic
or cabled notice shall promptly be sent by mail (in the manner pro-
vided above) to the addressee. Service of any such communication
made only by mail shall be deemed complete on the date of actual deliv-
ery as shown by the addressee"s registry or certification receipt or
at the expiration of the third (3rd) business day after the.date of
mailing, whichever is earlier in time. Either party hereto may from
time to time, by notice in writing served upon the other as aforesaid,
designate a different mailing address or a different person to which
such notices or demands are thereafter to be addressed or delivered.
Nothing contained in this Agreement shall excuse either party from
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.
Purchase Agreement - Bargain Sale - Jamison Page 10
8. 06 Severability. If any of the provisions of this Agree-
ment are held to be void or unenforceable by or as a result of a deter-
mination of any court of competent jurisdiction, the decision of which
is binding upon the parties, the parties agree that such determination
shall not result in the nullity or unenforceability of the remaining
portions of this Agreement. The parties further agree to replace such
void or unenforceable provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or
unenforceable provisions.
8. 07 Counterparts. This Agreement may be executed in sepa-
rate counterparts, each of which shall be deemed as an original, and
when executed, separately or together, shall constitute a single
original instrument, effective in the same manner as if the parties
had executed one and the same instrument.
8. 08 Waiver. No waiver of any term,- provision or condi-
tion of this Agreement,
g whether by conduct or otherwise, in any one
or more instances, shall be deemed to be, or be construed as, .a fur-
ther or continuing waiver of any such term, provision or condition
or as a waiver of any other term, provision or condition of this
Agreement.
8. 09 Entire Agreement. This Agreement is intended by the
parties to be the final expression of their agreement; it embodies
th
e entire agreement and understanding between the parties hereto;it constitutes a complete and exclusive statement of
the terms and
conditions thereof, and it supersedes any and all prior correspond-
ence, conversations, negotiations, agreements or understandings
relating to the same subject matter.
8. 10 Time of Essence. Time is of the essence of each pro-
vision of this Agreement in which time is an element.
Purchase Agreement - Bargain Sale - Jamison page 11
8.11Survival of Covenants. All covenants of District or
Seller which are 'expressly intended hereunder to be performed in
whole or in part after the Closing, and all representations and
warranties by either party to the other, shall survive the Closing
and be binding upon and inure to the benefit of the respective
parties hereto and their respective heirs successors and rm'pe �.tted
assigns,
8. 12 ' Assignment. Except as expressly permitted herein,-
neither party to this Agreement shall assign its rights or obliga-
tions under this Agreement to any third party without the prior
written approval of the other party.
8. 13 Further Documents and Acts. Each of the parties
hereto agrees to execute and deliver such further documents and
perform such other acts as may be reasonably necessary or appro-
priate to consummate and carry into effect the transactions
described and contemplated under this Agreement.
8. 14 Binding on Successors and Assigns . This Agreement
and all of its terms, conditions and covenants are intended to be
fully effective and binding, to the extent permitted by law, on the
successors and permitted assigns of the parties hereto.
8. 15 Captions . Captions are provided herein for con-
venience only and they form no part of this Agreement and are not
to serve as a basis for interpretation or construction of this Agree-
ment, nor as evidence of the intention of the parties hereto.
8.1-6 Pronoun References. In this Agreement, if it be
appropriate, the use of the singular shall include the plural, and
the plural shall include the singular, and the use of any gender
shall include all other genders as appropriate.
Purchase Agreement - Bargain Sale - Jamison Page 12
8. 17 Broker' s Commission. District shall not be respon-
sible for any real estate commission or. other related costs or fees
in this transaction. 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 proceed-
ings 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.
8. 18 Seller' s Disclosures . Seller hereby discloses to
District and District hereby acknowledges the following information
relative to this transaction:
(a) The Subject Property may be located in a geological
hazard zone.
(b) The Subject Property is being sold by Seller in an
"as is" condition and is not fenced or surveyed.
(c) Seller is a licensed Real Estate Broker in the
State of California.
9. Acceptance. Provided that this Agreement is signed by Seller
and returned to District on or before. December 12 , 1986 , District
shall have 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 consideration for the tender of said offer District has paid and
Seller acknowledges receipt of the sum of Ten Dollars ($10.00) .
Provided that this Agreement is accepted by District, this transaction
shall close as soon as practicable in accordance with the terms and
conditions set forth herein.
Purchase Agreement - Bargain .Sale -- Jamison page 13
IN WITNESS .1HEREOF, the parties hereto have caused this Agreement to
be executed by their duly' authorized officers to be effective as of
the date of final execution by District in accordance with the terms
hereof.
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
APPROVED AS TO FORM:
J Lee Jamison
Stanley No on, District Counsel Pate: 1,12
AC PE "VEG\ FOR RECOMMENDATION
I,. Cra* Britton
Land Acquisition Manager
APPROVED AND ACCEPTED:
President, Board. of Directors
ATTEST:
District Clerk
Date:
A M E
any
Fi, _ American 'itle L _,aranty Comp
4 �+ aK,`
?�? - ❑GAM►6ELt ❑CUPERTINO ❑LOS ALTOS ❑PALO04LTO
2155 S. BASCOM AVE. #100 10370 SOUTH DEANZA BLVD. 329 SO SAN ANTONIO AD,#6 550 HAMILTON AVE
>w CAMPBELL. CA 95DUS CUPERTINO,CA VW14 LOS ALTOS.CA U022 PALO ALTO.CA 94301
' .(408) 377-2992 (408)252-7000 (415)241-3320 (415)3265050
Subject to a minimum
charge required by Section
12404 of the Insurance ❑BLOSSOM HILL-SAN JOSE ®SAN JOSE ❑ SANTA CLARA
Code. 499 BLOSSOM HILL RD. 675 NORTH FIRST ST. 275 SARATOGA AVE.#106
SAN JOSE.CA 95123 SAN JOSE.CA 95112 SANTA CLARA,CA 95060
(40B)227.51 it OCS)28&6353 (408)249.9611
TITLE OFFICER: Linda Rinehart
Escrow Officer: Stella B. Hagdohl
Your No.: None shown
Our Order No.: 101678
Property Address: None shown
UPDATE
Form of Policy Coverage Requested:
In response to the above referenced application for a policy of title insurance,this Company hereby reports that it is prepared to issue,or
cause to be issued,as of the date hereof,a Policy of Title Insurance in the form specified above,describing the land and the estate or interest
therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred
to as an Exception below or not excluded from coverage pursuant to the printed Schedules.Conditions and Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms
should be read.They are available from the office which issued this report.
This report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a policy of title insur-
ance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or
Commitment should be requested.
Dated as of January 7, 1986 at 7.30 a.m.
TITLE OPERATIONS MANAGER
Title to said estate or interest at the date hereof is vested in:
JOAN LEE SHARP, also known as
JOAN LEE JAMISON
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy fo rm would b easfolio .ws'.
SEE NEXT PAGE
EXHIBIT
FORM 4288-201 (REV. 12l83) Page / Q�
G. _r No. 101678
Page 2
1. Taxes for the fiscal year 1985-86
lst Installment : $18.93, Paid
2nd Installment : $18.93, Unpaid
Assessors No. : 583-24-002
Code Area : 80-002
(Affects Parcel No. 4)
Taxes for the fiscal year 1985-86
lst Installment : $102.86 Paid
2nd Installment : $102.86 Unpaid
Assessors No. : 583-24-003
Code Area : 80-002
(Affects portion of Parcel 1)
Taxes for the fiscal year 1985-86
lst Installment : $59.27 Paid
2nd Installment : $59.27. Unpaid
Assessors No. : 583-24-005
Code Area : 80-002
(Affects portion of Parcel 1)
Taxes for the fiscal year 1985-86
lst Installment : $56.07 Paid
t 2nd Installment : $56.07 Unpaid
Assessors No. : 562-22-033
Code Area : 72-007
(Affects Parcel 3)
Taxes for the fiscal year 1985-86
lst Installment : $64.13 Paid
2nd Installment : $64.13 Unpaid
Assessors No. : 562-22-028
Code Area : 72-007
(Affects Parcel 2)
2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of
1983 of the State of California.
3. Easements for any and all road ways including but not limited to Hicks Road,
Los Alamitos Road, Loma-Almaden Road or Mt. Umunhum Road, and Wood Road
or Browns Canyon Road.
4. Easement for the purposes stated herein and incidents thereto
For Right of ingress to and egress by means of roads and
lanes thereon, if such there be, otherwise by such route
or routes as shall occasion the least practicable damage
and inconvenience.
Granted to : Pacific Gas and Electric Company, a California
corporation
Recorded : January 14, 1969, Book 8400, page 654, Official Re rds
Affects : Parcel No. 1EXHIBIT
Page of
Y
ar No. 101678
Page 3
5. Easement for the purposes stated herein and incidents thereto
For : Communication facilities
Granted to : Pacific Telephone and Telegraph Company
Recorded : March 4, 1969, Book 8454, page 178, Official Records
Affects : Said facilities shall be placed within the confines
of a private road as now established on said real
property. Said road runs in a westerly and southerly
direction on said real property.
Affects : Parcel No. 3
6. Agreement for : Land Conservation Contract
Between : County of Santa Clara
And : Joan L. Sharp
On the terms and conditions contained therein, recorded"February 25, 1971 in
Book 9233, Page 324 of Official Records.
7. Easement for the purposes stated herein and incidents thereto
For : Installation and maintenance of water line and related
equipment
Granted to : Frank Freitas, et ux
Recorded : May 8, 1984, Book I521, Official Records, page 276
Affects : A 10 foot strip along the Westerly portion of Parcel
No. 2.
8. Easement for the purposes stated herein and incidents thereto
For : Removing two-thirds of water from spring located on
Parcel No. 2, South of existing dirt road.
Granted to : Frank Freitas, et ux
Recorded : May 8, 1984, Book 1521, Official Records, page 276
Affects : A portion of Parcel No. 2
EXHIBIT
Pago of
Order No. 101678
Page 4
NOTE:
According to the public records, there have been no deeds conveying the herein
described property recorded within six months prior to the date hereof except
as follows: NONE
i
EXHIBIT
Page
1
'er No. 101678
a 5
LEGAL DESCRIPTION:
Real property situated in the County of Santa Clara, State of California, described
as follows:
PARCEL NO. 1
Beginning at an oak tree 16" in diameter marked C.C. being one of the stations
in the southwesterly line of the Capitancillos Rancho, and from which oak tree,
a sycamore tree marked C.C. 4 standing at the upper fork of the Arroyo Seco de los
Capitancillos, being one of the stations in the southwesterly line of said Capitancillos
Rancho, bears N. 830 30' W. 18.54 chs. distant running thence along said southwesterly
line of the Capitancillos Rancho with the following courses and distances: S. 48° E.
90.50 chs. , S. 31° 15' E. 15.41 chs. S. 50° E. 4.10 chs.S. 71° E. 4.56 chs. S. 64°
E. 3.88 chs. S. 35° 30' E. 2.27 chs. S. 32° E. 3.71 chs. , and S. 19° E. 7.05 chs. to
the most northerly corner of that certain 101.64 acre tract of land described in the
deed from the City of San Jose to William Philbon, dated October 7, 1871, and recorded
October 10, 1871 in the office of the County Recorder of the County of Santa Clara,
State of California, in Book 10 of deeds, page 377; thence leaving the southwesterly
line of the Capitancillos Rancho and running along the westerly line of said 101.64
acre tract of land, S. 29° W. 42.00 chs. and S. 18° W. 1.50 chs. to the most westerly
corner of said 101.64 acre tract of land in the southwesterly line of Pueblo Tract
No. 2 San Jose City Lands; thence running N. 58° 24' W. and along the southwester
ly
line of said Pueblo Tract No. 2, 148.70 chs. to the most southerly corner of that
certain 160 acre tract of land conveyed by the City of San Jose, to Frederick Crighton
by deed dated September 4, 1873, and recorded September 8, 1873 in the office of
the County Recorder of the County of Santa Clara, State of California, in Book 10 of
Deeds page 500• thence leaving the f line o said Puebla P g > Tract No. 2 and running
N. 47 15 E. and along the southeasterly line of said 160 acre tract of land, 27 chs.
to a live oak tree marked M. and being the southwesterly corner of that certain
48.78 acre tract of land conveyed by the City of San Jose, to Francisco Mendebles
by deed dated October 18, 1867, and recorded October 9, 1867, in the office of the
County Recorder of the County of Santa Clara, State of California, in Book "W" of
deeds, page 438; thence running S. 53` E. and along the southwesterly line of said
48.78 acre tract of land, 6.50 chs. to the southernmost corner of said 48.78 acre
tract of land; thence along the easterly line of said 48.78 acre tract of land
with the following courses and distances. N. 44 10 E. 8.45 chs. , N. 35 E.
17.50 chs. , N. 33° E. 5.50 chs. , N. 24° 30' E. 3.07 chs. , N. 24° 15' E. 10.90 chs.
to the north easterly corner of said 48.78 acre tract of land and in the south-
westerly line of the Capitancillos Rancho; thence running along the Southwesterly
line of the Capitancillos Rancho, S. 83° 30' E. 5.97 chs. to the place of beginning.
Containing 831.25 acres of land, more or less, and being a portion of Pueblo Tract
No. 2, San Jose City Lands.
Excepting therefrom the 21.006 acres, more or less, granted to Pacific Gas and
Electric Company, a California corporation, by deed recorded January 14, 1969, Book
8400, Official Records, page 654, described as follows:
EXHIBIT
Page of
C No. 101678
Page 6
PARCEL NO. I (continued)
A strip of land of the uniform width of 120 feet extending entirely across
the parcel of land described and designated Parcel No. 1 in the deed from
Alice A. Lee to Joan Lee Sharp dated September 23, 1964 and recorded in the
office of the County Recorder of said County of Santa' Clara in Book 6676 of Official
Records at page 519 and lying equally on each side of the line which begins
at a point in the northwesterly boundary line of said parcel of land designated
Parcel No. 1 and runs thence south 77* 50 1/2' east 2625 feet,
more or less,
to a point herein for convenience called Point "A"; thence north 870 01 1/21
east 5000 feet, more or less, to a point in the northeasterly boundary line of
said parcel of land designated Parcel No. 1; said Point "A" bears south 65* 11'
east 8506.6 feet distant from the 2 1/2 inch brass cap (marked Lindeman, Lean,
Peckham, El Encino P.S.J. #11) marking the southeasterly terminus of a course in
the westerly boundary line of the 121 acre parcel of land described in the deed from
Herbert E. Janes and wife to Francis H. Tucker and wife dated March 1, 1940 and
recorded in the office of the said County Recorder in Book 977 of Official Records
at page 55, which course, according to the description contained in said deed dated
11arch 1, 1940, has a bearing of S. 10* 45' E. and a length of 665 feet, containing
21.006 acres, more or less, and being a portion of the Pueblo Lands of San Jose.
Together with the right to construct, maintain, and use roads, not to exceed ten
(10) in number, over and across said real property, each of the uniform width not in
excess of sixty (60) feet, at such locations as shall be mutually agreed upon between
first parties and second party, at a future date, as reserved in the deed from Joan
Lee Sharp, et vir, recorded January 14, 1969, Book 8400, Official Records, page 654.
PARCEL NO. 2
The Northwest one-quarter of the Northwest one-quarter of Section 9, Township 9,
South Range 1 East, Mount Diablo Base and Meridian.
Togetber with a non-exclusive easement, sixty feet in width for the purpose of ingress
and egress and the installation and maintenance of utilities as reserved in the deed
from Joan Lee Sharp, recorded May 8, 1984, Book 1521, Official Records, page 276.
The easement shall be located running Northerly from Mt. Umunhum Road until it
meets Parcel No. 2 above, the exact location thereof to be determined at a later time.
Also together a non-exclusive easement for the purpose of removing one-third of
the water from the spring located to the North of Parcel No. 2 above, South of the
existing dirt road, as reserved in the deed from Joan Lee Sharp, recorded May 8, 1984,
Book 1521, Official Records, page 276.
PARCEL NO. 3
The west 1/2 of the southwest 1/4 of section 9, in Township 9, south, range 1,
east, M.D. B.&M.
EXHID6 -4
Page OfAL
er No. 101678
Page 7
PARCEL NO. 4
Beginning at a point on the westerly line of that certain 519.95 acre tract of
land conveyed by the City of San Jose to James Alfred Nowland by deed dated
January 4, 1867, and recorded January 25, 1867, in the office of the County
Recorder of the County of Santa Clara, State of California, Book "W" of Deeds,
page 206 at a point distant S. 19° E. 0.90 chs. from a sycamore tree marked C.C.3,
standing on the southwesterly line of the Capitancillos Rancho at the Junction
of the Capitancillos Creek, with a small tributary stream coming from the west;
thence running S. 3° E. 1.85 chs. S. 9° 5' E. 3.70 chs. , S. 2° 30' W. 1.80 chs.
S. 46° 30' W. 2.90 chs., S. 30° 15' W. 1.97 chs. , S. 59° 15' W. 2.95 chs. thence
S. 54° 50' W. 6.05 chs., S. 16° 35' W. 4.27 chs. and S. 11° 30' E. 0.83 chs. to
a point on the southwesterly line of the Pueblo Tract No. 2 San Jose City Lands;
thence running along the southwesterly line of said Pueblo Tract No. 2, N. 58°
25' W. 37.75 chs. to the most southerly corner of that certain 831.25 acres tract
of land conveyed by the City of San Jose to Ralph Lowe by deed dated December 15,
1884, and recorded December 29, 1884, in the office of the County Recorder of
the County of Santa Clara, State of California, in Book 76 of deeds, page 382;
thence leaving the line of said Pueblo Tract No. 2 and running along the easterly
line of said 831.25 acre tract of land, N. 18' E,1.50 chs, and N. 29° E. 42 chs.
to the center line of a small tributary of the Alamimtos Creek on the Southwesterly
line of the Capitancillos Rancho, thence along the southwesterly line of said
Capitancillos Rancho with the following courses and distances: S. 30° E. 2.30 chs. ,
thence S. 31° E, 2.49 chs. , thence S. 13° E. 5.09 chs. , S. 40° 45' W. 5.35 chs. ,
S. 1° W. 10.47 chs. , S. 30° E. 4.56 chs. S. 60° E. 8.82 chs. , S. 72° 30' E. 6.50
chs. , S. 1° W. 1.54 chs. S. 83° E. 5.88 chs. to the aforementioned sycamore tree
marked "C.C.3" and thence S. 19' E. 90 lks to the place of beginning. Containing
101.64 acres of land, more or less and being a portion of Pueblo Tract No. 2, San
Jose City Lands.
Excepting therefrom that portion thereof included within the boundaries of the
11.549 acre tract of land excepted in the deed from Santa Clara Valley Water
Conservation District, a water conservation district, to H. L. Haehl, dated
February 16, 1939, and recorded February 20, 1939, in Book 921 of Official Records,
at page 1, as described and platted on Exhibit No. 1 being Survey A-6 and entitled
"Right of Way for Almaden Reservoir upon lands of John LaBrucherie" attached to
and recorded with said deed.
APN: 562-22-33
ARB: 583-24-2,3,5
EXHIBIT
Page —7-o
LIST OF PRINTED tXCEPTIONS AND EXCLUSIONS(By Policy Type)
i. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY•1973
SCHEDULE B
This policy does not insure against loss or damage,nor against costs,attorneys feet or expenses,any or all of which arise by reason of the following:
Part I
1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records,
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceed ngs,whether or not shown by the records of such agency or by the
public records.
2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons
in possession thereof.
3. Easements,bens or encumbrances,or claims thereof,which are not shown by the public records. -
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public
recortls.-
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof. (c) water rights,claims or title to water.
6. Any right,title,interest,estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A.or in abutting streets,roads,avenues,
alleys,lanes,ways or waterways,but nothing in this paragraph%hall modify or limit the extent to which the ordinary right of an abutting owner for access too physically
open street or highway is insured by this policy.
7. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or
enjoyment of the land,or regulating the character,dimensions,or location of any improvement now or hereafter erected on the land,or prohibiting a separation in
ownership or a reduction in the dimensions,or area of the land•or the effect of any violation of any such law,ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records.
9 Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not shown by the public records and
not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this
policy or acquired the insured mortgage and not disclosed In writing by the tnsured claimant to the Company prior to the date such insured claimant became an insured
hereunder;Ic)resulting in no loss or damage to the insured claimant;id)attaching or created subsequent to Date of Policy;or(el resulting in loss or damage which would
not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge.
2. AMERICAN LAND TITLEASSOCIATION TL OWNER'S POLICY FORM
B-1970
70(AMENDED 10.17-70 and 10-17-84
)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Is) Governmental police power. '...
(b) Any law,ordinance or governmental regulation relating to environmental protection.
1ei Any levy,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use
or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under fat,to)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,its cie^dens,Lens or other title encumbrances must be recorded in order to '..
impart constructive notice to purchasers of the land for value and without knowledge;prov-ded,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,zon,ng,budding,health or public safety authorities. '...
2. Rights of em.nzot domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects,hens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant:(bl not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;10 resulting in no loss or damage to the
insured claimant:(d)attaching or created Subsequent to Date of Policy;or le-)resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy. -
MOTE: The 10.17-84 amendments of exclusions 1 and 2 above will be incorporated onto the policy by attachment of on"Endorsement Amending Policy",endorsement '....
number FA-27.1.
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 regulat,on. This includes budding and zoning ordinances and also laws and
regulations concerning:
• land use • sand 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 heated,allowed,or agreed to by you
• that are known to you,but not to us,on the Policy Date-unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 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 Excius�ons,you are not insured against loss,costs,attorneys'fees,and expenses resulting from:
1. Any rights•interests or clams of parties in possession of the land not shown by the public records.
2. Any eo etnentt or hens not shown by the public recortls.
This exception does not limit the lien coverage in Item 8 of Covered Title Risks.
3. 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.
4. Any water rights,claims or title to water on or under the land. •a,
Continued on Next Page pa se
FORM 4288.1 (REV.3185)
4.-AMEPr^AN LAND TITLE ASSOCIATION LOAN POLir- '970
WITH A.L.T.A.EN EMENT FORM 1 COVERAGE (AMENDED 1i and 10.17-84)
—iEDULE OF EXCLUSIONS FROM COVERAGE
1. sal Governmental police power.
fill Any law,ordinance or governmental regulation relating to environmental protection,
ice Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the Occupancy,use
or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in
• ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part.
Id) The effect of any violation of the matters excluded under(a),(b)or Ice above,unless notice of a defect,hen of encumbrance resulting from a violation has been
recorded at Date of Policy in those;Kords in which under'&late statutes deeds,mortgages,Its pendent,hens 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 shot)not be construed
to include records in any of the offices of federal,state or local environmental protection,zoning,budding,health or public safety authorities.
Z 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 la)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 dt Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or
acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)
resulting in no loss or damage to the insured clamant;Id)attaching or created subsequent to Date of Policy texcept to the extent insurance is afforded herein as to any
statutory hen 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
PohcY.)
4. Unenfomeabihty of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with
applicable"doing business—laws Of the state in which the land is situated.
NOTE: The 10.17.84 amendments of exclusions 1 and 2 above will too incorporated into the policy by attachment of an"Endorsement Amending Policy endorsement
number FA-27.I.
5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B-1970(AMENDED 10-17.70 and 10-17-84)
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Is) Governmental police power.
(b) Any law,ordinance or governmental regulation relating to environmental protection,
Id Any law,ordinance or governmental regulation fsncludmg but not limited to building and zoning ordinances)restrictingor regulating or prohibiting the occupancy,use
g 9 P g ocsep io e
or enjoyment of th!land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under(a),lot or fc)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,cis pencIms,liens or other tide encumbrances must be recorded in order to
impart constructive notice to purchasers of the land for value and without knowledge:provided,however,that without(imitation,such records%hall 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 by this policy and not
discs in writing
used t b the insured claimant i the n n
g Y t O !COT a Or t0 the date such incur claimant P v P insured became an insured hereunder.tcl resulting in no loss or damage to the
insured claimant 1 attaching r di at ae g o created subsequent to Date of Policy;or set resulting in loss r m g o damage which would not liar been sustained if h inclaimanth
paitl value for the estate or interest insured by this policy. � e a e4 the insured as
NOTE: The 10-17.84 amendments of exclusions 1 and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy",endorsement
number FA-2T1.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
1. Taxes or assessments which are not Shown as exciting liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records,
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements,Claims of easement or encumbrances which are not shown by the public records.
4, Discrepancies,conflicts in boundary lines,Shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by
public records.
S. Unpatented mining claims;reservations or exceptiont in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water.
6. Any lien,or right to a hen,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WiTH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17.70 and 10-17-84)
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. fal Governmental police power,
fbl Any law,Ordinance or governmental regulation relating to environmental protection.
10 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 on the dimensions 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), IDS or (cl above,unless notice of a defect,hen 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,hens or other title encumbrances must be recorded in order to
impart constructive notice to purchasers Of the land for value and without knorViedge:provided,however,that without limitation,Such records shalt not be construed
to mclutle records in any of the offices of federal,state or local environmental protection.zoning,budding,health or public safety authorities.
2 Rights of eminent domain unless notice or the exercise of such rights appears in the public records at Date of Policy.
3. Defects,liens,encumbrances,adverse claims,or other matters la)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 ether at Date of POhCy or at the date such claimant acquired an estate or interest insured by this policy or
acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company pilot to the date such insured clamant became an insured hereunder;(cf
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 1p 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. Unenforceabtbty of the hen of the insured mortgage because of failure of the insured at Date of Policy or of any Subsequent owner of the indebtedness to comply with
applicable"doing business"taws Of the state in which the land is situated.
NOTE: The 10 17-84 amendments of exclusions i and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy",endorsement
number FA-27.1.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One.
i. Taxes or assessments which are not shown as existing hens by the records of any taxing aulho,ty that levies taxes or assessments on rest property or by the public records.
2- Any facts, fights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements,claims of easement or encumbrances which are not shown by the public records.
4, Discrepancies,conflicts in boundary tines,shortage in area,enchroachments,or any other facts which a correct survey would disclose,and which a�arreapnglot+f��sho�ktwn bgyy public
records.
Fw�rOE W G U
6. Unpatented mining Claims:reservationsServices,
or exceptions is patents f in Acts authorizing Me issuance thereof;water nghis,claim or title to water.
6. Any lien,or tight to a lien,tOr semcet,labor or material theretofore or hereafter furnished,imposed by law and not Shown by the public records.
FORM 4288 2IREv.3186t
Page of
41
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R-86-130
(Meeting 86-30
December 22 , 1986)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 16 , 1986
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
D. Hansen, Land Manager; M. Gundert,
Associate Open Space Planner
SUBJECT: Proposed Winkle Property Addition to the La Honda Creek Open
Space Preserve
Recommendation: I recommend that you adopt the accompanying Resolution
of the Board of Directors of the Midpeninsula Regional Open Space District
Accepting Gift of Real Property, Authorizing Officer to Execute Certificate
of Acceptance of Grant to District, and Authorizing General Manager to
Execute Any and All Other Documents Necessary to Closing of the Transaction
(La Honda Creek Open Space Preserve - Winkle Property) .
I further recommend that you tentatively adopt the Interim ,Use and Management
Plan recommendations contained in this report, including the naming of the
property as an addition to La Honda Creek Open Space Preserve, and indicate
your intention to withhold the 3. 4 acre property from dedication as public
open space at this time.
Introduction: The Midpeninsula Regional Open Space District has been
offered a gift of 3. 4 acres of land located south of Sky Londa and east of
the District' s La Honda Creek Open Space Preserve. The property fronts on
Highway 84 (La Honda Road) and adjoins the eastern boundary of La Honda
Creek Open Space Preserve.
The property would become an addition to the La Honda Creek Preserve.
A. Description of the Site
1 . Size, Location and Boundaries
The property consists of two parcels of land totalling 3 . 4 acres.
Located approximately 1.25 miles south of Sky Londa (the intersection
of Highways 35 and 84, Skyline Boulevard and La Honda Road, respec-
tively) , the property is bounded by La Honda Road and private prop-
erty to the east and La Honda Creek to the west. La Honda Creek
forms a common boundary between the subject property and the La Honda
Creek Preserve. Private property adjoins the remaining sides of
the parcels.
R-86-130 Page two
2 . Topography, Geology and Natural Landscape
The property consists of steep, westerly facing sideslopes extending
to La Honda Creek along the western boundary. Elevations on the
property range from approximately 1160 feet at La Honda Road to
1000 feet along the creekbank. The property is vegetated with a
redwood overstory and associated understory.
Geologically, the property is underlain by Butano sandstone and
Twobar shale (an offshoot of the San Lorenzo formation) . The
property is in a zone of high landslide susceptibility according
to the Landslide Susceptibility in San Mateo County, California
map. The property does exhibit evidence of slippage problems.
B. Planning Considerations
The property is located in unincorporated San Mateo County and is zoned
residential. Several of the adjacent and nearby parcels are developed
with residences. The property received a moderate rating on the
District' s Master Plan Map, a composite ranking system of the suitability
of land as public open space. A portion of the property is identified
as "urbanized" and as such received no rating on the map.
C. Current Use and Development
The property is accessible from two roads. The first, La Honda Road,
adjoins the southeastern corner of the property. Several roadside
pullouts are located along the western side of La Honda Road in the
vicinity of this property. The second access to the property is via
a dirt road off La Honda Road called Sequoia Drive. This single-lane
dirt road serves as a driveway to several homes , becoming rather
primitive prior to entering the subject property. The road bisects
the property at a midpoint between La Honda Road and La Honda Creek.
A small cabin is located immediately east of the road overlooking the
creek.
D. Potential Use and Development
Although there are no existing trails on the property with the
exception of the extension of Sequoia Drive, the physical connection
between La Honda Road and La Honda Creek Open Space Preserve creates
the potential for future connections to the La Honda Creek Preserve.
As previously mentioned, there are several large roadside pullouts
along the western side of La Honda Road in the vicinity of the property
which provide the potential for informal parking should a trail con-
nection to La Honda Creek Open Space Preserve be created in this area.
E. Interim Use and Management Recommendations
1. The cabin on the property will be secured. At the time of the
Initial Use and Management Plan formulation in March 1986, the
long-term disposition of the cabin will be addressed.
2. Preserve boundary signs and private property signs will be placed
on the property where appropriate. Cost is estimated at $50 .
86-130 Page three
3. Access will be available but not publicized to the public by
utilizing the roadside pullouts adjacent to the property on
La Honda Road for parking.
F. Name
I recommend that the property become an addition to the La Honda Creek
Open Space Preserve.
G. Dedication
I recommend that you indicate your intention to withhold the property
from dedication as public open space at this time, until the District's
acquisition and access possibilities and future private development
patterns become better established in this vicinity.
H. Terms
The only attachment is the Gift Deed as there is no purchase agreement.
If approved, the transaction would go through a formal escrow, as the
sellers will be required to pay off an existing loan prior to recorda-
tion of the Deed.
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OPEN SPACE PR,ESERVE
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J`Jl J�fil j: �ti - %/ - EXHIBIT A — SITE MAP 1,
PROPOSED ADDITION
-•` '`' >j�� 1 ;�, ( — LA HONDA CREEK
OPEN SPACE PRESERVE C
SCALE 1" = 2000' NORTH ) � L. --
�, %�
RESOLUTION NO. 86-77
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ACCEPTING GIFT OF REAL PROPERTY, AUTHORIZING
OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE
OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY TO CLOSING OF THE TRANSACTION (LA HONDA
CREEK OPEN SPACE PRESERVE - WINKLE PROPERTY)
The Board of Directors of the P
Midpeninsula Regional Open
P g
Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept, with gratitude,
the gift of real property described on Exhibit A, affixed hereto
and by this reference made a part hereof, and to be conveyed by
a Gift Deed from Roger A. Winkle et ux. to the Midpeninsula
Regional Open Space District.
Section Two. The President of the Board or other appro-
priate officer is authorized to execute a Certificate of Acceptance
for said Gift Deed conveying title to the property being donated to
the District.
Section Three. The General Manager of the District shall
cause to be given appropriate notice to the donors of the accept-
ance of this gift. The General Manager further is authorized to
execute any and all other documents in escrow necessary or appro-
priate to the closing of the transaction.
Section Four. The General Manager of the District is
authorized to expend up to $1 ,000 to cover the cost of title insur-
ance, escrow fees, and other miscellaneous costs related to this
transaction.
i
a
I
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATED,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
LOTS 74 AND 75, AS'(:DESIGNATED ON THE MAP ENTITLED
"LA HONDA VISTA A SUBDIVISION OF A PORTION OF SECTION 35, TOWNSHIP
6 SOUTH RANGE 4 WEST, M.D.M. SAN MATEO COUNTY, CALIFORNIA",
WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SAN MATEO, STATE OF CALIFORNIA, ON NOVEMBER 12, 1927 IN BOOK 16 OF
MAPS AT PAGES 45 AND 46.
EXCEPTING FROM LOT 75 SO MUCH THEREOF AS IS CONTAINED WITHIN
THE LIMITS OF PROPERTY CONVEYED TO FRED STUART AND EVDOKIA IVANOVNA
STUART, BY DEED RECORDED APRIL 19, 1940, IN BOOK $96 OF OFFICIAL RECORDS
AT PAGE 71 .
PARCEL B:
PORTION OF LOTS 75, 771 85, 86, ALL OF LOT 76, AND PORTION OF SEQUOIA DRIVE
MAP OF LA HONDA VISTA SUBDIVISION, FILED NOVEMBER 12, 1927 IN BOOK 16 OF MAPq'
AT PAGES 45 AND 46, ' RECORDS OF SAN MATEO COUNTY, DESCRIBED AS:
BEGINNING AT A POINT IN THE CENTER LINE OF LA HONDA CREEK AT THE
NORTHWESTERLY CORNER OF LOT 76; THENCE ALONG THE WESTERLY LINE OF LOTS
76 AND 77, AS FOLLOWS: SOUTH 38. 2 FEET AND SOUTH 6° 15' WEST 134 FEET BORE
OR LESS TO A POINT WHICH IS DISTANT 45 FEET MEASURED AT RIGHT ANGLES
NORTHERLY FROM THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 77; THENCE
EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 77 A DISTANCE OF 221
FEET TO A POINT I,N THE CENTER LINE OF EXISTING ROADWAY KNOWN AS SEQUO.I,A
DRIVE EXTENSION; THENCE NORTHERLY ALONG CENTER LINE A DISTANCE OF 46 FEET
TO A POINT IN A LINE WHICH IS DISTANT 30 FEET; MEASURED AT RIGHT ANGLES
NORTHERLY FROM THE' LINE DIVIDING LOT -77 AND 85, AND IS DISTANT SOUTH 780
47 ' EAST 227 FEET FROM THE WESTERLY LINE OF LOT- 76; THENCE CONTINUING ALONG
THE CENTER LINE OF SAID ROADWAY IN A NORTHEASTERLY DIRECTION A DISTA110CE
OF 55 FEET TO A POINT IN LOT 86 WHI.CH IS DISTANT 259 FEET SOUTHEASTERLY
FROM THE POINT OF BEGINNING AND THENCE NORTHWESTERLY 259 TO THE POINT OF
BEGINNING.
II
pne p .1
PARCEL C :
ALL THAT PORTION OF LOTS 77, 78, 79, 80, AND 85 LYING EASTERLY
OF THE CENTER LINE OF SEQUOIA DRIVE� AS RELOCATED AND EXTENDED.
SAID LOTS BEING SHOWN ON THAT CERTAIN MAP ENTITLED "LA HONDA
VISTA A SUBDIVISION OF A PORTION OF SECTION 35 T. 6S R4W, M.D.M. SAN
MATEO COUNTY CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON NOVEMBER
12, 1927 1N BOOK 16 OF MAPS AT PAGES 45 AND 46, AND SAID CENTER
LINE OF SEQUOIA DRIVE BEING DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE SOUTHERL
Y LINE OF SAID LOT 80,
DISTANT THEREON EAST 246. 5 FEET FROM
THE SOUTHWESTERLY CORNER OF
SAID LOT 80• THEN o t tt
THENCE NORTH
1 20 55 3 WEST 43.83 FEET, THENCE NORTH
240 23 ' 10" WEST 27. 45 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT
DISTANT THERE
ON EON EAST 183. 37 FEET FROM THE SOUTHWESTERLY CORNER
OF SAID LOT 79; THENCE NORTH 240 23 ' 10" WEST 54 . 90 FEET TO A POINT
ON THE SOUTHERLY LINE OF LOT 78, DISTANT THEREON EAST 170. 1 FEET FROM
THE SOUTHWEST CORNER OF SAID LOT 78; THENCE NORTH 150 38 ' 30" EAST
51 . 92 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT
77 DISTANT
STA T THEREON
EAST 208 . 6 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 77; THENCE NORTH
80 29' EAST 64 . 00 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 85
DISTANT THEREON SOUTH 78o 47 ' EAST 37 . 2 FEET FROM THE SOUTHWESTERLY CORNER
OF SAID LOT 85; THENCE NORTH 130 53 ! 50" EAST 18 FEET MORE OR LESS TO THE
EASTERLY BOUNDARY OF PROPERTY CONVEYED TO FRED STUART AND EVDOKIA
IVANOVANA STUART, BY DEED RECORDED APRIL 19, 1940 IN BOOK 896 OF OFFICIAL
RECORDS AT PAGE 71; THENCE NORTHEASTERLY ALONG SAID EASTERLY BOUNDARY OF
PROPERTY SO CONVEYED TO STUART 18 FEET, MORE OR LESS TO A ANGLE POINT
IN SAID BOUNDARY THENCE CONTINUING NORTHEASTERLY ALONG SAID EASTERLY
BOUNDARY OF LAND SO CONVEYED TO STUART, 36 FEET MORE OR LESS TO THE
NORTHEASTERLY BOUNDARY OF SAID LOT 85.
EXCEPTING FROM SAID LOT 80 THE PORTION THEREOF CONVEYED TO THE COUNTY
OF SAN MATEO FOR HIGHWAY PURPOSES BY DEED FROM HELEN HUGHES RECORDED
OCTOBER 21, 1933 IN BOOK 607 OF OFFICIAL RECORDS AT PAGE 117, DESCRIBED
AS FOLLOWS :
BEGINNING AT A POINT IN THE NORTHEASTERLY CORNER OF SAID LOT 80 SAID
POINT BEING DISTANT SOUTH 590 34 ' EAST 20. 72 FEET FROM
THE NORTHEASTERLY CORNER OF SAID LOT AND RUNNING THENCE SOUTH 59 o -34 ' EAST
55 . 08 FEET; THENCE ON A ARC OF A 20 FOOT RADIUS CURVE TO THE. RIGHT
15. 2 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE WEST 41 . 87
FEET ALONG THE SOUTHERLY LINE OF SAID LOT; THENCE NORTHERLY ACROSS A
PORTION OF SAID LOT ALONG A LINE PARALLEL TO AND DISTANT 50 FEET WESTERLY
FROM THE CENTER LINE OF SAID PUBLIC HIGHWAY NORTH 200 23 ' WEST 42. 12 FEET
TO THE POINT OF BEGINNING.
T
{ Spa .�
PARCEL D:
LOT 86 AS SHOWN ON THAT CERTAIN MAP ENTITLED LA HONDA VISTA A
SUBDIVISION OF A PORTION OF SECTION 35. T. 6. S. R. 4 . W. M.D.M.
SAN MATEO COUNTY, CALIFORNIA, WHICH MAP WAS FILED IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SAN MATED, STATE OF CALIFORNIA ON
NOVEMBER 12 1927 9 7 IN BOOK 16 OF MAPS AT PAGES 45 AND 46.
EXCEPTING THEREFROM SO MUC
H THEREOF AS IN CONTAINED WITHIN
LIMITS OF PROPERTY CONVEYED TO FRED STUART AND EVDOKIA IVANOVNA
STUART, BY DEED RECORDED APRIL 19, 1940 IN BOOK 896 OF OFFICIAL
RECORDS AT PAGE 71.
F
1
Ell
• iti:C't}i:t-i�(; iLl:(,l:L:>li;i) R'
t i
-
• I
ORDER
Arx
WHEN RL'CORDI:D MAIL TO
t
Midpeninsula Regional
Open Space District
Building C, Suite 1351201 San Antonio Circle
Mountain View,CA 94040/ 415 949-5500
�-- ATTN: L. Craig Britton —j SPACE ABOVE THIS LINE FOR RECORDER'S USE
DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE
PURSUANT T GOVERNMENT.CODE PUBLIC AGENCY ACQUIRING TITLE,
SECTIO 3 CALIFORNIA REVENUE AND TAXATION
CODE SECTION 11922
%W111Z Dole&
IN ORDER TO PROMOTE PUBLIC WELFARE,
ROGER A. WINKLE and LINDA F. VIINKLE, ,husband and wife
hereby GRANT(S), GIVE(S) and CONVEY(S) to t
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district
the following described real property in the
County of San Mateo , State of California:
As described in Exhibit "A" attached hereto and made a part hereof.
R-86-134
(Meeting 86-30
0 December 22 , 1986)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 17 , 1986
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
D. Hansen, Land Manager; D. Woods, Open
Space Planner; Mary Gundert, Associate
Open Space Planner
SUBJECT: Proposed Procter Property Addition to the Thornewood Open Space
Preserve
Recommendation: I recommend that you adopt the accompanying Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Accepting Gift of Real Property, Authorizing Officer to Execute Certificate
of Acceptance of Grant to District, and Authorizing General Manager to
Execute Any and All Other Documents Necessary to Closing of the Transaction
(Thornewood Open Space Preserve - Procter Property) .
I further recommend that you tentatively adopt the Interim Use and Management
Plan recommendations as contained in this report, including the naming of
the property as an addition to the Thornewood Open Space Preserve, and
indicate your intention to withhold the property from dedication at this time.
Introduction: The Midpeninsula Regional Open Space District has been offered
a gift of two parcels of land totalling approximately 9. 5 acres. The property
is located between La Honda Road and the Thornewood Open Space Preserve (see
attached map) .
A. Description of the Site
1. Parcel One. This parcel consists of a water reserve approximately
50 feet in width and approximately one mile long (7 acres) extending
from the southeasterly corner of Thornewood Open Space Preserve to
Martinez Road. The water reserve follows the southerly slope of
Martin Creek. These water reserves are fee owned strips of land
following the courses of creeks and 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 Procter. Topography in the area
consists of steep to very steep slopes.
2. Parcel Two. This parcel is also a water reserve, 50 feet in width
and 0. 4 miles long (2.5 acres) . The parcel extends southerly from
the Thornewood Open Space Preserve and consists of a wooded ravine
which ultimately drains into Martin Creek.
R-86-134 Page two
Additional information regarding this area is available in report
R-86-93 of October 2, 1986, dealing with the Zand and Kamangar property
additions.
B. Planning Considerations
The property is located within the Town of Woodside in San Mateo County
and considered a part of the "Woodside Country Club - Portola Hills
Area" in the Woodside General Plan. This area is characterized by
problems of access, limited 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.
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
The property is undeveloped; however, parcel one contains the remnants
of an old equestrian trail , currently closed due to the presence of
numerous slides in the area. Each of the parcels was historically used
for transporting water, and old pipelines remain in some locations.
D. Potential Use and Development
Both parcels are designated as possible trail alignments on the Town
of Woodside Trails Plan. These trails could potentially link Thornewood
Preserve with upper La Honda Road.
E. Interim Use and Management Recommendations
1. Boundary plaques will be installed where appropriate.
F. Dedication
The property should be withheld from dedication at this time as public
open space, to allow for the potential sale or trade or land or trail
rights in the entire Schilling Lake area. This would be consistent
with the dedication status of other acquisitions near Schilling Lake.
G. Naming
The property should be named as an addition to the Thornewood Open
Space Preserve.
H. Terms
The property is offered as a gift to the District for which we are
most appreciative.
ATE H"W�RKT
.'
; .
t
0
THORN
' : OPEN SPACE PRESERVE':
o�
=' �.
:: . 4;
:
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. . ... . ...... ...
C� PARCEL TWO t
i
PARCEL ONE
-1ARTINEZ �\
y
y
`.._RD. ', O " PROPOSED PROCTER PROPERTY ADDITION
TO THE
l THORNEWOOD OPEN SPACE PRESERVE
• ��, RD. SU�arT
aEE = = r SCALE 1" = 400' /1NORTH'
RESOLUTION NO. 86-78
RESOLUTION F THE BOARD O DIRECTORS T E
Q O FOF H
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ACCEPTING GIFT OF REAL PROPERTY, AUTHORIZING
OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE
OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY TO CLOSING OF THE TRANSACTION (THORNE-
WOOD OPEN SPACE PRESERVE - PROCTER PROPERTY)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows :
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept, with gratitude,
the gift of real property described on Exhibit A, affixed hereto
and by this reference made a part hereof, and to be conveyed by
a Gift Deed from Robert Procter et ux. to the Midpeninsula
Regional Open Space District.
Section Two. The President of the Board or other appro-
priate officer is authorized to execute a Certificate of Acceptance
for said Gift Deed conveying title to the property being donated to
the District.
Section Three. The General Manager of the District shall
cause to be given appropriate notice to the donors of the accept-
ance of this gift. The General Manager further is authorized to
execute any and all other documents in escrow necessary or appro-
priate to the closing of the transaction.
Section Four. The General Manager of the District is
authorized to expend up to $1,000 to cover the cost of title insur-
ance, escrow fees , and other miscellaneous costs related to this
transaction.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ACCEPTING GIFT OF REAL PROPERTY, AUTHORIZING
OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE
OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY TO CLOSING OF THE TRANSACTION (THORNE-
WOOD OPEN SPACE PRESERVE - PROCTER PROPERTY)
The Board of Directors of the Midpeninsula. Regional Open
Space District does resolve as follows :
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept, with gratitude,
the gift of real property described on Exhibit A, affixed hereto
and by this reference made a part hereof, and to be conveyed by
a Gift Deed from Robert Procter et ux. to the Midpeninsula
Regional Open Space District.
Section Two. The President of the Board or other appro-
priate officer is authorized to execute a Certificate of Acceptance
for said Gift Deed conveying title to the property being donated to
Y g P P
the District.
Section Three. The General Manager of the District shall
cause to be given appropriate notice to the donors of the accept-
ance of this gift. The General Manager further is authorized to
execute any and all other documents in escrow necessary or appro-
priate to the closing of the transaction.
Section Four. The General Manager of the District is
authorized to expend up to $1,000 to cover the cost of title insur-
ance, escrow fees , and other miscellaneous costs related to this
transaction.
I'F
EXHIBIT "A"
PAGE 1 OF 1
The land herein referred to is situated in the
State of California, County of San Mateo, Town
of Woodside, and is described as follows :
All those parcels as shown on that certain map entitled "MAP OF
PORTOLA HILLS , SAN MATEO COUNTY, CALIFORNIA, " filed in the office
of the County Recorder of San Mateo County, State of California
on June 28 , 1910 , in Book 7 of Maps at page 20 , more particularly
described as follows:
PARCEL I:
THAT CERTAIN tract of land shown on said Map marked "WATER RESERVE
No. 5" which lies between Lots 25 , 30 and 26 . Also that certain
tract of land marked "WATER RESERVE NO. 6" on said map which lies
between Lots 39 and 44 and Lots 40 and 43 . Also that certain tract
of land marked "WATER RESERVE NO. 7" on said map which lies between
Lots 20 and 26 .
ACCEPTING AND RESERVING unto the Grantors hereunder, the right to
take water for residential purposes (including outdoor watering
of garden and yards) for residential structures located on Grantors
remaining property. Such water rights shall be non-exclusive and
include the right of ingress and egress as reasonably necessary to
maintain, replace and repair the existing water collection and
storage system. The District shall have no responsibility for the
quality of water so obtained.
APN 075-212-090
075-220-040
075-220-050
075-220-080
R-86-127
(Meeting 86-30
Al
N1001 December 22, 1986
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 12, 1986
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Initial Legislative Program for 1987-1988 Legislative Session
and Contract for Legislative Consultant Services
Recommendation: I recommend that you adopt an Initial Legislative
Program for the 1987-88 Legislative Session and that you authorize
the President to enter into an agreement (which I expect to have ready
after the Legislative Committee meets but in time for your Board meeting)
for Legislative Consultant services.
Introduction: At your meeting of November 24 , 1986 1 gave you a final
status report on the District' s Legislative Program for the 1985-86 two
year session of the California State Legislature (see report R-86-111
of November 13, 1986) . At that meeting you also heard from Loren Smith
and Ralph Simoni of California Advocates, which is the firm in Sacramento
that has acted as the District' s legislative consultants. As you will
recall, Ralph Heim, who had done the District' s work as a member of
California Advocates for the past four years, has left that firm to join
another. Mr. Heim is now with Jackson/Barish & Associates, governmental
affairs consultants in Sacramento. The District' s contract (attached)
with California Advocates expired on September 30 and has been renewed
on a month to month basis since then.
Discussion: Your Legislative Committee will be meeting on December 18
to discuss both a new Legislative Program for the District as well as
the District' s representation in Sacramento.
Attached is a list of proposed items to be included in the Legislative
Program. Also attached is a memorandum from J. Fiddes to me regarding
item No. 3. The definition of various priorities is given in your
Policies for Handling Legislative Matters, adopted July 25, 1979. By
sponsoring legislation, the District would take the initiative to have
the proposed legislation introduced (possibly in concert with others)
and would follow through afterwards. By supporting legislation, the
District would be involved in helping with legislation sponsored by
others. These legislation ideas will be discussed in detail with the
Committee and possibly modified before your December 22 Board meeting.
The overall scope of the proposed program is similiar to that of the
past few years.
The District has retained a Legislative Consultant in Sacramento since
January, 1979 when the District hired California Advocates to help us
cope legislatively with the impact of Proposition 13. Since that time,
the fees that the District has paid have been repaid by orders of
magnitude in direct financial benefit through protection of the
R-86-127 Page 2
District' s property tax base. Additionally, the firm has helped on
many, many occasions to influence legislation in ways favorable to the
District and has carried legislation the District initiated, including,
for example, matters ranging from changes in the District' s enabling
legislation to sale of the Edgewood State College site to the District
and San Mateo County.
The only way the District could have begun to accomplish these matters
without assistance from a consultant who is in Sacramento full time
would have been to devote much more in the cost of staff resources than
has been spent for the consultant' s services. In any case, in order to
conduct a Legislative Program that has been as varied and effective as
the District' s has been, it would be necessary to have either staff or
a consultant in Sacramento on a continuing basis. The District has been
paying $1000 per month for these services since July 1, 1985. 1 will be
discussing with the Committee various possible options for representa-
tion, in particular continuing to retain California Advocates versus
continuing with Ralph Heim at his new firm.
I anticipate that the Legislative Committee will make recommendations
to you on December 22 relative to a new Legislative Program and to
legislative consultant services.
4y 3
.can�terr
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT, entered int
o this _
1st day of October 1985 ,
by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter
called "District, " and CALIFORNIA ADVOCATES, INC. , a California
Corporation, hereinafter called "Legislative Consultant" or "Consultant. "
The parties hereto mutually agree as follows:
1. Employment of Consultant. District hereby agrees to engage Con-
sultant and Consultant hereby agrees to perform the services herein-
after set forth in this agreement.
2. Scope of Services. Consultant shall do, perform and carry out in a
satisfactory and proper manner, as determined .by District, the
following services :
a. Become familiar with District's Legislative Program for
1985-1986 and its special legislative concerns.
b. Advocate legislation or amendments to . Sacramento legislators
and administrators and their staffs which will enhance District's
funding or result in other legislation favorable to District,
with an emphasis on District's Legislative Program for 1985
1986 and related matters, and other legislative or State
t administrative matters as may be assigned from time to time.
C. Monitor and advise of status of pending legislation which may
affect District.
d. Evaluate and advise District as to the political climate in
Sacramento, the best channels for influencing legislation
affecting District, desirable kinds of legislation in light
of District 's problems, purposes and goals, and the best
strategies for achieving legislation favorable to District.
e. Maintain and improve liaison between District and members of
the Legislature and the State Administration.
f. Attend legislative hearings and other legislative meetings on
behalf of District when a District representative is unable
to be there or as otherwise appropriate.
g. when beneficial to District, coordinate District efforts
with advocates of other regional park or open space districts,
special district associations, park and recreation associations ,
and other appropriate organizations .
3 . Responsibility of District. District shall cooperate with and
furnish necessary data to Consultant in every reasonable way to
assist Consultant in carrying out its services under this Contract.
Consultant' s principal contact with District shall be District's
General Manager or designee.
h
4. Personnel.
a. Consultant represents that it has , or will secure at its own
expense, all personnel required in performing the services
under this Contract. Such personnel shall
1 not be employees
of or have any contractual relationship with District.
b. Unless otherwise approved by the General Manager or his designee,
the services described in paragraph 2 of this agreement
g Bement shall
be personally Performed by Ra l h A. Heim
and Loren V. Smith.
5. Time of Performance. The services of Consu
ltant
nt are to commence
July 1, 1985 and continue through September 30 , 1986.
6 . Compensation. District agrees to pay Consultant at a fixed monthly
rate of
$1000 Per mont
h. Sa
id shall
payments be prorated for any
fractional month at the beginning g g and end of the contract period.
Such compensation shall constitute the totes ,1 a
mou
nt nt a a p y ble by
District under this agreement and shall include all costs and
expenses of Consultant. Consultant shall bill District at the end
of each calendar month, and the District shall remit within 30
days of said billings.
7 . Termination of Contract. District shall have the right to
terminate this agreement by five (5) days written notice at any
time, with or without cause. Consultant shall be entitled to
compensation for all services rendered up to the date of termina-
tion. Consultant also shall have the right to terminate this
agreement by fifteen (15) days written notice at any time, with
or without cause.
8. Equal Employment Opportunity. Consultant shall not willfully
discriminate against any employee or applicant for employment
because of race, color, sex, religion, ancestry or national origin.
Consultant shall take affirmative action to ensure that applicants
are employed without regard to their race, color, sex, religion,
ancestry, or national origin. Such action shall include, but not
be limited to, the following : employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
9 . Assignability. Consultant shall not assign or transfer any
interest in this agreement, or any payments to be received here-
under, without the prior written consent of District.
10. Interest of Consultant. Consultant covenants that it presently has
no interest, and shall not have any interest, direct or indirect,
which would conflict in any manner with the performance of services
required under this agreement.
Consultant shall from time to time advise the General Manager of
the District as to the names of other persons and/or organizations
that Consultant represents in legislative matters.
11. Findings Confidential . Any reports , information, data, etc. given
to or prepared or assembled by Consultant under this contract which
District requests to be kept as confidential shall not be made avail-
able to any individual or organization by Consultant without the
prior written approval of District.
III
-2-
12. Use of Funds. Consultant- shall not expend any of the funds
received as compensation hereunder in support of any candidate
for any political office. Compensation is limited to the cost
of services actually rendered and expenses, and specifically does
not include political contributions of any type whatsoever.
IN WITNESS WHEREOF District and Consultant have executed
this agreement as of the date first above written.
MIDPENINSULA REGIONAL OPEN SPACE .DISTRICT
By s•, '
resident, Board of Directors
CALIFORNIA ADVOCATES , INC.
Consultant
By
i
December12 , 1986
i
I
1987-88 Legislative Program Ideas
and Proposed Priorities
1. Amendment to Public Resources Code (P .R.C. 5544 .2) to allow a
district to enter into indebtedness for a term of up to 20 years
(rather than the current 10 years) and for maximum outstanding
debt to be next 5 years anticipated tax revenue (rather than the
current 4 years)
(New idea, : sponsor, "A" priority)
Comment. The District' s Controller has calculated that the District
could purchase $13. 8 million more land over the next ten years while
reducing average annual debt service if g we could issue 20
year
public notes.
.2. Housekeeping amendments to P.R.C. 5554 regarding timing of annual
audit
(New idea, sponsor, "B" priority)
The board, ai�itS �rs: ti)c )t�l;a„":n� t}) C�:Q Of IiC jic'a' r
C:tilc, -• ,� t �, -ri r-loz5�' Ake-=r'ir ota_p+,it A16- viv EWb
" to h:' FC-6clerccl no imt r tllan �0 C 3%.-S after .. t ?11 s iO of 17s FISGAL
be publis1j1cd at )cast oncc, in a nev..•spVer oj 8--De-1-al 4itC'l.' doll .. yWAR
printed and pt.hlisbcd in the district, a veriflc-d ce=:i Fed nitblic .
accountant's or verified public accoiint:il7t*5 ?tlClit or thr f:lf�ii itll
condition of the district, j:ar ticularly ?li; and ?,is-
Z' ur2:c'.it7ents and bi Mince of ass :I$ and li2mlities ra- `the i:'st ilnv
year.
Comment: The District usually contracts for its audit somewhat
before the end of the fiscal year so that the auditors can get
started early and complete their work within the first quarter of
the new fiscal year. The proposed changes would clarify that this
procedure conforms with the code.
3. Amendment to P.R.C. to allow a district ' s board of directors to
cancel an uncontested election.
(New idea, sponsor, "B" priority)
4. Sen. Lockyer authoring a bill (SB 100) to help implement a
San Francisco Bay shoreline trail
(New idea, support, "A" priority)
5. Modification of Brown Act to allow Closed Session discussions of
properties within master plan planning area, possibly without a
list or parcel-specific notice - Board decision needed to pursue;
item in Land Acquisition Policy Committee.
(Carryover item)
i
I
2
6. Funding for proposed Bear Creek Redwoods State Park if property
becomes available at reasonable cost
(Carryover item, sponsor or support, "A" priority)
7. Funding for trail corridor connections, in fee or easements,
from MROSD lands to State parks
(Carryover item, sponsor or support, "A" priority)
8 . Require a redevelopment agency, when it shares a portion of the
tax increment with one entity levying taxes within the redevelop-
ment area, to share with other entities levying taxes within the
redevelopment area an equal percentage of taxes that would have
been lost by each entity.
(Carryover item, sponsor or support, "B" priority)
9. State bond act for parks and open space
(Support, "A" priority)
10. Appropriation for Roberti-Z "berg-Harris urban park and open space
program
(Support, "A" priority)
MIDPENINSULA REGIONAL OPEN SPVtiCl DISTI-i[CT
MEMORANDUM
October 29, 1986
TO: H. Grench, General Manager
FROM: J. Fiddes, Administrative Services Manager`
;i
SUBJECT: Possible Change in Resources Code - Ability to Cancel
an Election if Only One Candidate
John Molchan at Santa Clara County Elections called me earlier
this month and cited Section 5532, Paragraph Four, as the one
he and George Mann feel prevents us from canceling an election
if there is only one candidate in a ward. It reads : "Upon
the filing of a sufficient nomination paper and declaration of
candidacy by any candidate, the name of the candidate shall_ go
upon the ballot at the ensuing general election. "
John said he and Mr. Mann would be willing to help us with word-
ing to allow MROSD to cancel an election if there ' s only one
candidate. I think this change in the Resources Code is north
pursuing so that the Board could have the option to cancel a
single candidate election . if they so choose. '
Let me know if I need to provide more info.
R-86-136
(Meeting 86-30
December 22, 1986)
Dow
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 22, 1986
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Initial Legislative Program for 1987-1988 Legislative Session
and Contract for Legislative Consultant Services
Recommendation; I make the following recommendations;
(1) that you adopt the attached Initial Legislative Program for the 1987-88
Legislative Session;
(2) that you authorize the President to enter into the attached agreement
with Jackson/Barish & Associates for legislative consulting services;
(3) that you adopt the attached Policy for Evaluating Redevelopment Projects;
(4) that you instruct Legal Counsel to report at a January meeting, giving
an analysis of AB 2674 , the status of the District' s existing compliance
with it, and any recommended changes in your Rules of Procedure.
Discussion: Following my recent report to you on the above subject (see
report R-86-127 dated December 12, 1986) , the Legislative Committee met
to consider the Legislative Program and our consultant services.
The attached recommended program differs in two respects from that shown
in my December 12 report. First, the item (originally no. 3) for legisla-
tion that would allow a district' s board to cancel an uncontested election
has been dropped after discussion by the Committee. The Committee felt
that the voters should know who is running for election even if uncontested.
Second, item no. 6 in the attached list relating to trail corridor connec-
tions was moved from an "All to a "Blo priority to reflect more accurately
a realistic level of effort of this item compared to the "A" priority items.
The Legislative Committee, whose members are currently the same as the
Land Acquisition Policy Committee, noted that the latter committee would
be, taking up the question of amendments to the Brown Act (item no. 4 on
the attached list) early in 1987 .
The Committee discussed the main options regarding legislative consulting
services, namely, continuing to retain California Advocates, Inc. , but
with a new consultant versus continuing to employ Ralph heimbut through
his new firm, Jackson/Barish and Associates, Inc. Although the Committee
agreed that California Advocates had done an excellent job as a firm,
Ralph Heim was already very familiar with the District's legislative needs
and has done very well for the District for the last four years. The
Committee reviewed the client list of Jackson/Barish and found no conflicts
with the District' s program. The Committee agreed that the District could
increase the fee from $1000 to $1050 per month (a 5% increase) provided the
contract would be for the full two year legislative session. Jackson/Barish
has agreed to these conditions. Given the facts that fees have not increased
R-86-136 Page two
since July 1, 1985, that the Consumer Price Index has gone up by 3%
since then, that Ralph Heim has done an excellent job, and that there will
be no further increase in fees for the next two year session the increase
is nominal. The proposed agreement is essentially the same in other
respects as the previous contract.
In addition to legislative remedies for the effects of tax increment
financing for redevelopment projects (item no. 7 in the attached list) , the
Committee also discussed the process through which proposed redevelopment
projects are evaluated. Since both technical and political factors are
involved, I feel that it is important that the process be defined and con-
tinue to include participation by Board members . The attached proposed
Policy for Evaluating Redevelopment Projects reflects the discussion with
the Legislative Committee.
The Legislative Committee also briefly reviewed Assembly Bill 2674 ,
which will become law on January 1. This bill made certain changes in
the Brown Act. The Committee felt that a report from District Legal
Counsel to the Board should be made in the immediate future analyzing
the bill, the status of the District' s existing compliance with it, and
any recommended changes in your Rules of Procedure. It appears that,
essentially, the District has always had procedures that comply with the
new requirements.
December 22, 1986
1987-88 initial Legislative .Program
and Proposed Priorities
1. Amendment to Public Resources Code (P.R.C. 5544 . 2) to allow a
district to enter into indebtedness for a term of up to 20 years
(rather than the current 10 years) and for maximum outstanding
debt to be next 5 years anticipated tax revenue (rather than the
current 4 years)
(New idea, sponsor, "A" priority)
Comment: The District' s Controller has calculated that the District
could purchase $13. 8 million more land over the next ten years while
reducing average annual debt service if we could issue 20 year
public notes.
2. Housekeeping amendments to P.R.C. 5554 regarding timing of annual
audit
(New idea, sponsor, "B" priority)
The board. at S iITS'. inc::t"t`-* I !' 1i:' c �
tsli :n� tll G'a d Oi-rt_ irasr`r�irT'�► aup+,�l >v�- 714E �IJD
C ust to b:' 1—epd .y etl no Ic l;r tb it 0 � t i::'1 is pp tTS F ISGhL
be ptiblis]�ed at )east once, in a net-.•spaper o, R*Cf)t. al circ-u'.aliolj
" printed and published in the district, a verified c:e-ei ed p ulblic
accountant's or veri ie:d public e`:11d it or Ihz- fna:;;;ia.l
condition of the district, sliowhic, p _6cularb- Ill- and d.is-
bursemc'nts and Ui Mince of [:5::t$ ?II T For iijC
.
year.
Comment: The District usually contracts for its audit somewhat
before the end of the fiscal year so that the auditors can get
started early and complete their work within the first quarter of
the new fiscal year. The proposed changes would clarify that this
procedure conforms with the code.
3 . Sen. Lockyer authoring a bill (SB 100) to help implement a
San Francisco Bay shoreline trail
(New idea, support, "A" priority)
4 - . Modification of Brown Act to allow Closed Session discussions of
properties within master plan planning area, possibly without a
list or parcel-specific notice - Board decision needed to pursue;
item in Land Acquisition Policy Co
mmittee.
ommi ttee.
Y
(Carryover item)
i
I
2
5 . Funding for proposed Bear Creek Redwoods State Park if property
becomes available at reasonable cost
(Carryover item, sponsor or support, "B"; priority)
6 . Funding for trail corridor connections, in fee or easements,
from MROSD lands to State parks
(Carryover item, sponsor or support, "A" priority)
7. ' Require a redevelopment agency, when it shares a portion of the
tax increment with one entity levying taxes within the redevelop-
ment area, to share with other entities levying tE_xes within the
redevelopment area an equal percentage of taxes that would have
been lost by each entity.
(Carryover item, sponsor or support, "B" priority)
8 . tState bond act for parks and open space
(Support, "A" priority)
9 • 'Appropriation for Roberti-Z "berg-Harris urban park and open space
program
(Support, "A" priority)
i
DRAFT
POLICY FUR EVALUATING REDEVELOPMENT PROJECTS
Since tax increment financing of redevelopment projects may in some cases
have a substantial negative effect on future property tax revenues of the
Midpeninsula Regional Open Space District, the District will evaluate
the potential financial impact of each proposed projectiwithin the District.
For each such project, an ad hoc committee consisting of the General Mana-
ger, the District' s Board member (s) that represents the portion of the
District which includes the proposed redevelopment area, and the Presi-
dent of the Board or Vice President if the President is already included
as representing that area of the District) .
Each such committee will report 'to the Board from time to time or seek
advice or action from the Board as the committee deems appropriate. In
accordance with the Board' s Rules of Procedure, an individual committee
member may also give . an informational report or place a matter on the
Board' s agenda (meeting notices , procedure for oral communications , etc'. )
l �►
ot
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CONSULTING SERVICES AGREEMENT
.THIS AGREEMENT, entered into this 22nd day of December, 1986
by and between MIDPENINSULA 'REGIONAL OPEN SPACE DISTRICT, hereinafter
called "District, " and JACKSON/BARISH & ASSOCIATES, a California
Corporation, hereinafter called "Legislative Consultant" or "Consultant. "
The parties hereto mutually agree as follows :
1. Employment of Consultant. District hereby agrees to engage Consul-
tant and Consultant hereby agrees to perform the services herein-
after set forth in-this agreement.
2. Scope of Services . Consultant shall do, perform and carry out in
a satisfactory and proper manner, as determined by District, the
following services :
a. Become familiar with District ' s Legislative Program for .
1987-1988 and its special legislative concerns .
b. Advocate legislation and amendments to legislation to Sacramento
legislators and administrators and their staffs which will
enhance District' s funding or result in other legislation
favorable to District, with an emphasis on District's Legisla-
tive Program for 1987-1988 and related matters , and other
legislative or State administrative ma
tters atter
E s as may g be assigned
from time to time .
C. Monitor and advise of status of pending legislation which may
affect District.
-d. Evaluate and advise District as to the political climate in
Sacramento, the best channels for influencing legislation
affecting District, desirable kinds of legislation in light
of District's problems , purposes and goals, and the best
strategies for achieving legislation favorable to District.
e. Maintain and improve liaison between District and members of
the Legislature and the State Administration.
f. Attend legislative hearings and other legislative meetings on
behalf of District when a District representative is unable
to be there or as otherwise appropriate .
g. When beneficial to District, coordinate District efforts with
advocates of other regional park or open space districts ,
special district associations , park and recreation associations ,
and other appropriate organizations .
3. Responsibility of District. District shall cooperate with and
furnish necessary data to Consultant in every reasonable way to
assist Consultant in carrying out its services under this Contract.
Consultant' s principal contact with District shall be District's
General Manager or designee .
4. Personnel.
a. Consultant represents that it has, or will secure at its own
expense, all personnel required in performing the services
under this Contract. Such personnel shall not be employees
of, or havq any contractual relationship with District.
b. Unless otherwise approved by the General Manager or his desig-
nee, the services described in paragraph 2 of this agreement
shall be personally performed primarily by Ralph A. Heim,
with Clayton Jackson as back-u .
principal P
5. Time of Performance. The services of Consultant are to commence
January 1, 1987 and continue through September 30 , 1988.
i
6 . Compensation. District agrees to pay Consultant at a fixed monthly
i� rate of $1050 per. month. Said payments shall be prorated for any
fractional month at the beginning and end of the contract period.
Such. compensation shall constitute the total. amount payable by
District under
e this agreement and shall include all costs and
expenses of Consultant. Consultant shall bill District at the end
of each calendar month, and the District shall remit within 30
days of said billings.
7. Termination of Contract. District shall have the right to ter- '. ,
minate this agreement by five (5) days written notice at anytime,
with or without cause. Consultant shall be entitled to compen-
sation for all services .:rendered up to the date of termination.
Consultant also shall have the right to terminate this agreement
by fifteen (15) days written notice at any time , with or without
cause.
8. Equal Employment Opportunity. Consultant shall_ not willfully
discriminate against any employee or applicant for employment
because of race, color, sex, religion, ancestry or national origin.
Consultant shall take affirmative action to ensure that applicants
are employed without regard to their race, color, sex, religion,
ancestry, or national origin. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
9. Assignability. Consultant shall not assign or transfer any interest
in this agreement, or any. payments to be received hereunder,
without . the prior written consent of District.
10. Interest of Consultant. Consultant covenants that it presently
has no interest, and shall not have . any interest , direct or
indirect, which would conflict in any manner with the performance
of services required under this agreement.
Consultant shall from time to time advise the General Manager of
the District as to the names of other persons and/or organizations
that Consultant represents in legislative matters.
11. Findings Confidential. Any reports , information, data, etc. given
to or prepared or assembled by Consultant under this contract
which District requests to be kept as confidential shall not be
made available to any individual or organization by Consultant
without the prior written approval of District.
-2-
12 . Use of Funds. Consultant shall not expend any of the funds
received as compensation hereunder in support of any candidate
for any political office. Compensation is limited to the cost
o•f .services actually rendered and expenses, and specifically does
not include political contributions of any type whatsoever.
IN WITNESS WHEREOF District and Consultant have executed this
agreement as of- the date first above written.
7
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By
Edward Shelley, President
Board of Directors
JACKSON/BARISH & ASSOCIATES
Consultant
By
i
i
i
3-
R-86-135
(Meeting 86-30
December 22, 1986)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 15, 1986
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT : Dedication Status of District Lands
Recommendation: I recommend that you adopt the attached Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Dedicating Interests in Certain District Lands for Public Open Space
Purposes.
Introduction: In accordance with the Board's Dedicated Lands Policy
as last amended January 22, 1986 (see report R-86-03 dated' January 13 ,
1986) , an annual report indicating the status of District' lands as dedi-
cated or undedicated is to be presented to you in December of each year.
According to this Policy, "Normally, undedicated lands within the Dis-
trict 's boundaries will be held for future dedication to park or open
space, or both, purposes , but only after the n'ecessary planning, boundary
adjustments, provision for permanent access and other changes in configur-
ation, which may involve the disposal or exchange of interests in all or
portions of such lands , have been completed." During the year, part of
the use and management planning decisions the Board makes for specific
parcels and preserves is whether to indicate by motion an intention to
dedicate certain interests in land, such as fee title or open space or
trail easements. Since it might benefit the program of the District
at some future time to apply development density credits from dedi-
cated District land to other.,lands,, dedication of these credits is often
not to be included. In December all District lands are reviewed at one 1.
time, and dedications are normally to be done then by resolution. Note
that although a motion of intent to dedicate might be adopted when the
Interim Use and Management Plan for a new acquisition is approved, this
does not mean that the parcel would necessarily be dedicated the following
December. That is , it may often be prudent to wait until the Use and
Management Plan for the whole preserve is adopted or reviewed.
Status Summary: Table 1 gives a summary of the dedication status of
District preserves and preserve subareas. Only those parcels on which
escrow closed on or before December 15, 1986 are included. The columns
showing the figures for undedicated interests in land include in paren-
thesis the amount of acreage for which you have adopted a motion of tenta-
tive or final intent to dedicate. As an example, of the 579 acres total
in La Honda Creek Open Space Preserve, 250 acres (the Dyer property
acquisition) are currently intended for dedication at some point in time.
Table 2 lists those property interests for which acquisition has been
approved but escrow has not closed by December 15 and those that are
to be considered for acquisition at your December 22 Board meeting.
R-86-135 Page two
New Dedications : Exhibit "A" of the Resolution lists property interests
that are being recommended for dedication. Only those properties for
which escrow has closed (i.e. , excluding those listed in Table 2) and those
for which you have made final adoption of a motion of intention to dedi-
cate were considered for dedication.
The former Panighetti property, now part of Long Ridge Open Space Pre-
serve , is the only land included in Table 1 where the intention to
dedicate has been tentatively but not finally approved.
The following discussion relates to some of the particular properties
that were considered for dedication at this time. Emphasis was placed
on those parcels for which dedication seems very straightforward and
not dependent upon reviewing the preserves in question in a comprehensive
way as done in the Use and Management Plan formulation and review.
For some of the preserves an intention to dedicate will undoubtedly be
made when the Use and Management Plans are formulated or reviewed.
Edqewood County Park: The open space easement, allowing only public
park, recreation, and open space uses of the property, was acquired by
the District as part of the joint acquisition with San Mateo County of
the 468 acre park site. The easement has never been considered for
dedication or for withholding from dedication.
La Honda Creek: Although you have adopted an intention to dedicate the
rmer Dyer property, no such action was taken on the rest of this pre-
serve . It would be wise to waitat least until the Initial Use and Manage-
ment Plan is formulated before dedicating any portion of La Honda Creek
Open Space Preserve .
Rancho San Antonio: The 1. 3 acre Cunningham property addition can be
dedicated without waiting for the Use and Management Plan review.
Russian Ridge : Part or all of the 520 acre Peters property addition
will be recommended for dedication at the forthcoming Use and Management
Plan review.
Los Gatos Creek Park: The former San Jose Water Company property con-
sists of a strip of land, part of which crosses the District' s Los Gatos
Creek Park and the rest of which crosses Novitiate Park owned by the
Town of Los Gatos. As the acquisition report stated, fee title to the
portion within Novitiate Park is intended to be conveyed to the Town
of Los Gatos with the District retaining a trail easement through the
Novitiate Park. Therefore, although you have adopted a motion to dedi-
cate this parcel, action might well be deferred until the details of a
transaction are worked out with Los Gatos.
The 94 acre open space easement area that the District and the Town of
Los Gatos acquired from the Society of the Province of Jesus was not
dedicated when the fee area was. The easement can be dedicated now.
Kennedy Road Area: Of the eight acquisitions comprising the 796 acre
Kennedy Road Area of Sierra Azul Open Space Preserve , only the 21 acre
former PM & Associates property is dedicated. This property was
recommended for purchase because it could serve as a site for a parking
lot off Kennedy Road and be a gateway to the Sierra Azul Preserve,
especially the Kennedy Road Area. When each Interim Use and Management
Page three
R-86-135
Plans for the four acquisitions in 1986 , which total 327 acres , was
adopted, a motion of intention to dedicate these parcels was adopted.
Although not acted upon by the Board, the staff report for the most
recent of these acquisitions indicated that we would be suggesting
dedication of additional acreage in the Kennedy Road Area, beyond the
327 acres , since the Area was expected to becomea,usable unit. However,
to this point staff has been unsuccessful in obtaining approval for a
parking lot from the Town of Los Gatos , but we expect to be submitting
a revised plan in the near future. It would seem prudent to withhold
dedication of further lands in the Kennedy Road Area until parking lot
approval is obtained, since conceivably some of the Area might be con-
sidered for sale for housing development if the area cannot be made usable
as intended. An exception to withholding would be the 125 acre Eilertsen
property addition, jointly acquired by the District and the Town of
Los Gatos , where the District is already obligated under the agreement
to dedicate the site. A second exception would be the fee and easement
areas of a portion of the former Blair property which were offered to
the District, and accepted, as part of site development approval.
Sierra Azul - Limekiln Canyon: The 160 acre former Luckenbach property
can safely be dedicated without waiting for the Use and Management Plan
review since the rest of the Limekiln Canyon Area, except for a non-
contiguous 40 acre portion, is a usable, dedicated site.
Stevens Creek - Shoreline : The approximately one acre road easement
along the levee that was acquired from the Santa Clara Valley Water
District was overlooked when the 54 acre fee interest was dedicated.
The easement can be dedicated now.
Summary : Of the 22,646 acre total of interests in land, 16 ,454 acres
are dedicated (73%) , and 6 ,192 acres are undedicated (27%) . Most of
the undedicated acreage is in the Sierra Azul Open Space Preserve. if
the additional lands recommended herein are dedicated, 17,345 acres
would be dedicated (77%) , and 5 ,301 acres would be undedicated (23%) .
RESOLUTION NO. 86-79
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT DEDICATING INTERESTS
IN CERTAIN DISTRICT LANDS FOR PUBLIC
OPEN SPACE PURPOSES
The Board of the Midpeninsula Regional Open Space
District does hereby resolve as follows :
Section 1. Pursuant to Resolution No. 86-6 , the
Board of Directors does hereby dedicate for public
open space purposes (pursuant to Public Resources
Code Section 5540) the interests in land held by
the District shown on Exhibit "A" affixed hereto, except
for possible development rights which might be
transferred to or for the benefit of other lands .
I
Exhibit "A"
Interests in Land to be Dedicated (Except for Potential Density Credits)
Board
Approval Closing Property
Preserve - Area Grantor Date Date Acreage Interest
Edgewood County Park County of 23-Jul-80 10-Oct-80 468 easement
San Mateo
Rancho San Antonio Cunningham 18-Jun-86 22-Jul-86 1.3 fee
Sierra Azul-Los Gatos Creek Soc. of Prov. 12-Sep-84 19-Oct-84 94 easement
of Jesus
Sierra Azul-Kennedy Road Blair 11-Jun-86 06-Nov-86 4 fee
Sierra Azul-Kennedy Road Blair 11-Jun-86 06-Nov-86 38.42 easement
Sierra Azul-Kennedy Road Eilertsen 26-Feb-86 28-Mar-86 125 fee
Sierra Azul-Limekiln Canyon Luckenbach 10-Sep-86 31-Oct-86 160 fee
Stevens Creek-Shoreline Santa Clara 25-Mar-76 27-Mar-81 1 easement
Valley Water
District
I
I
Table 1
DEDICATION STATUS SUMMARY*
Acreage
Fee Easement & Lease Fee, Easement & Lease Fee, Easement & Lease
Preserve - Area Dedicated Undedicated** Dedicated Undedicated** Dedicated Undedicated**- Dedicated & Undedicated
Edgewood County Park 468 468 468
Hassler 293 293 293
El Corte de Madera Creek 595 595 595
La Honda Creek 579 (250) 579 (250) 579
Purisima Creek Redwoods 2509 2509 2509
Coal Creek 158 229 158 229 387
Los Trancos 274 274 274
Thornewood 87 36 14 87 50 137
Windy Hill 594 108 1 594 109 703
Foothills 171 10 171 10 181
Rancho San Antonio 890 81 (1) 890 81 (1) 971
Rancho San Antonio-Windmill 761 638 1 1399 1 1400
Pasture
Monte Bello 66 66 66
Monte Bello-Page Mill Road 2633 2633 2633
Monte Bello-Picchetti Ranch 307 307 307
Saratoga Gap 412 196 412 196 608
Long Ridge 591 191 (177) 182 13 773 204 (177) 977
Russian Ridge 790 520 (520) 790 520 (520) 1310
Russian Ridge-Mt. Melville 45 45 45
Skyline Ridge 1119 54 81 1200 54 1254
Fremont Older 734 4 734 4 738
Briggs Creek 1 1 1
Costanoan Way 2 1 2 1 3
El Sereno 985 83 985 83 1068
Los Gatos Creek Park 170 3 (3) 94 170 97 (3) 267
Sierra Azul 20 20 20
Sierra Azul-Kennedy Road 21 737 (289) 38 (38) 21 775 (327) 796
Sierra Azul-Limekiln Canyon 814 200 (160) 30 844 200 (160) 1044
Sierra Azul-Mt. Umunhum 142 2434 9 142 2443 2585
Ravenswood 274 98 372 372
Stevens Creek-Shoreline 54 1 54 1 55
Totals 15425 5528 (1400) 1029 664 (38) 16454 6192 (1438) 22646
*Includes only interests acquired (escrows closed) on or before December 15, 1986.
**Portion of undedicated lands for which Board has adopted (tentatively or finally) an intention to dedicate shown in parentheses.
Table-2
STATUS OF LAND PURCHASES PENDING
Preserve Area Grantor Acreage & Interest Notes
El Corte de Madera Creek Hosking Ranch, Inc. 2117 fee, 54 easement Acquisition approved; intention to dedicate tentatively adopted
La Honda Creek Winkle 3 fee Acquisition to be considered 12/22; intention to withhold recommended
Thorne wood Procter 10 fee Acquisition to be considered 12/22; intention to withhold recommended
Sierra Azul Mt. Umunhum Kidwell 436 fee Acquisition approved; intention to withhold tentatively adopted
North 182 fee Acquisition approved; intention to withhold tentatively adopted
Milner 1 fee Acquisition approved; intention to withhold tentatively adopted
La Croix 338 fee Acquisition approved; intention to dedicate tentatively adopted
Schofield 38 fee Acquisition to be considered 12/22; intention to withhold recommended
Howatt 160 fee Acquisition to be considered 12/22; intention to withhold recommended
Miller 160 fee Acquisition to be considered 12/22; intention to withhold recommended
Jamison 40 fee Acquisition to be considered 12/22; intention to withhold recommended
R-86-132
(Meeting 86-30
December 22, 1986)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
December 17 , 1986
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
W. Goggin, Real Property Representative
SUBJECT: Accelerated Payment of Notes Used to Purchase Land
Recommendation: I recommend that you approve repurchase of the five secured
promissory notes as summarized on the attached tabulation on the basis of a
5% discount for each note, plus interest payments due through December 31,
1986, and authorize the General Manager to take all action necessary to com-
plete the repurchases.
Discussion: In connection with a public note issue to be scheduled for
February, 1987, as proposed on the December 22 agenda, some of the District's
higher rate installment contract debt would be slated for early retirement.
Because of the favorable market, it will be possible to replace existing 8%
secured debt with approximately 6% unsecured notes . Recently staff, including
District Controller Michael Foster, investigated the possibility of a year-end
discount in anticipation of this public note issue.
It appeared that many of the note holders might be benefitted from both tax
and reinvestment standpoints by payment in full of the outstanding principal
amounts, if the repurchases could be completed by the end of 1986. Twelve
holders of higher interest, non-subordinated notes were contacted with a
proposal for District repurchase of their notes at a 5% discount of the
principal, plus interest payment on the undiscounted principal through Decem-
ber 31, 1986.
The holders of five notes indicated their acceptance of this proposal . The
accompanying tabulation identifies the notes and the District' s potential
savings in principal payments totalling $23 , 650 . Additional interest costs
would be reduced as a result of the new February note issue. The aggregate
note repurchase payments would amount of $478 ,965.90. The proposed repurchase
is advantageous for the District; however, this recommendation is predicated
upon the February sale of the District's notes, as without it there would be
insufficient capital to carry out the District's acquisition and management
programs.
I
NOTES RECOMMENDED FOR REPURCHASE
PRINCIPAL
BALANCE AND LESS 5% INTEREST TOTAL PRINCIPAL
NOTE SUMMARY REMAINING TERM DISCOUNT TO 12-31-86 PAYMENT SAVINGS
Closs - Rancho $115,200 $109,440 $2,802.59 $112,242.59 $ 5,760.00
San Antonio OSP 9 years
8% Non-subordinated
Crist I - Russian 111,300 105,735 8,904.00 114,639.00 5,565.00
Ridge OSP 2 years
8% Non-subordinated
Crist II - Russian 105,000 99,750 8,400.00 108,150.00 5,250.00
Ridge OSP 2 years
8% Non-subordinated
Guadalupe Rubbish - 106,500 101,175 8,193.21 109,368.21 5,325.00
Sierra Azul OSP 4 years
8% Non-subordinated
Jenkins - Skyline 35,000 33,250 1,316.10 34,566.10 1,750.00
Ridge OSP 1 year
7.5% Non-subordinated
TOTAL $478,965.90 $23,650.00
F—
M-86-81
(Meeting 86-30
December 22 , 1986)
Nblool
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
December 22, 1986
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Holiday Plans
I plan to be out of the office from December 29 through
January 2 . Please let me know if that would cause any problem.
M-86- 80
(Meeting 86-30
December 22, 1986)
AIM 0 OW
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
December 22 , 1986
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Revised Underwriting Agreement
Attached is a revised proposed underwriting agreement with
non-substantive changes from that version transmitted with
M. Foster's report R-86-129 of December 15, 1986 .
WRITTEN COMMUNICATION
Meeting 86-30
Dec. 22 , 1986 Nov 26 ]988
1 November 25. 1996
RESPONSE ACTION PROPOSED BY STAFF
Mldpenlnsula Regional Open Space District — Board President Acknowledge/Respond
O l d Mill Office Center _ Director Acknowledge/Respond
Building C, Suit 135 —
Staff Acknowledge/Respond
201 San Antonio Circle X_ Draft Response Attached
Mountain View, CA 94040 — Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s)
Other
Dear Directors:
There is a problem at the Rancho San Antonio Open Space
Preserve which I am reluctant bring up because I am unable
to suggest an ideal solution. The problem involves runners,
particularly large groups of runners. I walk six or seven
miles, in the open preserve, once or twice a week. On really
bad days I'm passed by as many as 30 runners, often in
groups of five or more. Although I' ve never been knocked
down. I have been forced off of trails on a number of
occasions. It seems to me that it is only a matter of time
until someone is seriously injured.
I have no trouble with one or two runners, they seem to be
more considerate of walkers and rarely pose a problem. There
is a kind of mob mentality with the larger groups, they tend
to assume that the trails belong to them alone_
f
One solution, of course, is to ban running in the preserve.
This seems unfair to those who conduct themselves in a
civilized fashion. It also goes counter to my belief that
people should be encouraged to use the preserve.
Another approach would be to ban group running. This would
address my complaint, but I have no idea how you would
' enforce such a policy.
Attached is a trail map with the problem areas marked in
I
red. These are the trails which I find too narrow to allow
for safe passing by runners. The other trails are,
generally, quite wide and cause few difficulties. Perhaps,
running should be eliminated only in the trouble spots.
Again, this is not an easy regulation to police.
Perhaps running could be restricted to certain days of the
week. If running was only allowed on Mondays and Wednesdays,
for instance, I would simply not go to the preserve on those
days.
i
1
I'm sorry that I cannot suggest more practical solutions.
but I submit that there is a problem and it needs to be
addressed. The above is +or your consideration.
Respectfully yours„
Gordon E'+''randt
1425 Cedar Place
Los Altos, CA 94022
968-0259
Attachment
I
i
I
I
II
1
;%ly
I
�t
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
DRAf�T RES'�O7SE LETTER FOR (415)949.5500
BOARD CONSIDERATION _
Mr. Gordon Brandt
1425 Cedar Place
Los Altos, California 94022
Dear Mr. Brandt:
Thank you for our recent letter re ardin
Y g g runner related con-
flicts on District trails. The Districtts Board of Directors
considered the letter at its December 22 meeting. Unfortunately,
the occurrence of runner related conflicts on Rancho San Antonio
trails appears to be on the rise, especially each fall when
increasing numbers of cross country runners from local teams use
them for training purposes.
During the past three years, the District staff has attempted to
increase the level of voluntary public trail use workshops, by
developing and distributing a trail etiquette brochure (copy
enclosed) , by implementing a trail courtesy campaign during the
spring and summer of 1986 , by sending informational letters to
the coaches and organizers of local cross country running teams,
and by making numerous informational contacts by District Rangers.
Unfo
rtunately,
atel the level of
Y. voluntary compliance not only by runners
but by bicyclists as well has not been as favorable as we had hoped.
We are pleased to inform you, however, that the District staff is j
currently in the process of developing more formal and enforceable
trail use standards which, among other things, will address the
issue of restricting group running on some of the more narrow and
popular trails. The alternatives you suggested in your letter will
be considered further by the District staff as part of this process.
j
Additionally you will be notified by staff of the next public s
meeting regarding trail use standards . You may wish to subscribe
to Board meeting agendas to keep informed whenever this or other
items of interest come before the Board.
Thank you.
Sincerely,
Edward G. Shelley, President
Board of Directors
ES/JB:ds
Enclosure
it Herbert A.Grench,General Manager Board o1 Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
is
4 li
4i\h\
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Direc
tors s
FROM: H. Grench, General Manager
SUBJECT: F.Y.I.
DATE: December 17 , 1986
i
i
j MEMBERS CONSULTANTS
PETER M.DETWILER
ROSE ANN VUICH Cttlifurnin Xe istature LESLIE A.MCFADDEN
VICE CHAIR COMMITTEE SECRETARY
RUBEN S.AYALA
KAYE PACK ARD
WILLIAM CAMPBELL
WILLIAM A.CRAVEN ROOM 2080
MILTON MARKS C
STATE CAPITOL
RAMENTO95814
PYLM P I�Ztitttt EE SA
NEWTON R.RUSSELL y y} (91 6)445-9748
MARIAN BERGESON
I CHAIRMAN
December 10, 1986
i
Herbert A. Grench, General Manager
Midpeninsula Regional Open Space District
201 San Antonio Circle Building C, Suite 135
Mountain View, CA 94040
I
Dear Herb:
Please extend my sincere appreciation to your Board of Directors
for awarding me the placque for my Senate Bill 1685, the "Local
Government Clean-up Bill of 1986. " I also want to thank you
personally for coming to the State Capitol to present it to me.
It' s rewarding to know that the change we made in SB 1685 for
regional open space districts will truly benefit your program.
The intent of my bill was to solve minor, noncontroversial
problems in one bill and I am pleased that we were able to help.
Last year' s efforts were so successful, I intend to carry another
local government clean-up bill for 1987. If I can help in some
other way this year, please let me know.
Cordially,
MARIAN BERGESON
y�
Reports
knowledgeable leadership for the com- context of these urban wilderness lands.
plex stewardship of these lands. Public Feral pigs are a danger in many Bay
land managers must be fluent in many Area watershed and parklands.Their
languages,including regional politics and rapid reproduction rate threatens large
planning, native vegetation and wildlife areas where their rooting and wallowing
j n addition to Doug Nadeau of the Na- and recreational planning and design. habits increase erosion and threaten na-
tional Golden Gate Recreation Area, tive tubers and other plants. Selective
many other landscape architects play im- Regional Planning elimination is the only key here as it is
mense roles in the management of a grow- Public land managers need a sensitivity with exotic plant species such as scotch
ing urban greenbelt which surrounds and for a region's past as well as future,and thistle,broom and pampas grass,plants
intertwines the built communities of the this means working with homeowners which also have a tendency to take over
nine-county San Francisco Bay region. and developers. Private property own- native species in the Bay Area greenbelt
These young landscape architects include ers—future neighbors of public lands— if given the slightest foothold.
Steve Peterle of the Marin Municipal are usually apprehensive of government
Water District, Fran Brigmann of the agencies, but they also offer tremendous Recreational Planning
Marin County Open Space District,and input about concerns spanning fire man- Good stewardship of the Midpeninsula
Jonathon Hammond of the East Bay Re- agement,access points, timber protection District lands includes designing and
gional Park District,to name a few. I and the like. Developers are usually will- maintaining boundary barriers which ex-
work as Land Manager with the ing to negotiate for a price,dedicating a elude motor vehicles,keep in grazing an-
Midpeninsula Regional Open Space certain amount of open space in return imals and offer easy entry to hikers and
District. for land-use approval. For the Open runners.Another challenge is in design-
Strong local and regional efforts to Space District's Land Manager,and in- ing trails which allow equestrians,bicy-
protect rings of natural lands around the deed the managers of all the other Bay clists,pedestrians and runners
urbanized Bay have been going on for Area resource protection agencies,ex- to safely enjoy the preserve without con-
years,spearheaded by the non-profit Peo- perience in the public hearing process is flicting with each other.This is aided by
ple for Open Space and a myriad of gov- the mirror which reflects professional site and trailhead design which will
ernment park and resource protection knowledge. Expertise broader than plants not intrude upon the natural features of
agencies.These efforts stemmed from and good design can satisfy the public the preserves.
the formation of the nationally known that their greenbelt lands not only are The growth of the San Francisco Bay
East Bay Regional Park District 51 years necessary but are also well managed. region,one of the larger U.S.urban com-
ago—an agency where William Penn . A good basis in regional and statewide plexes with a five million-plus popula-
Mott,a landscape architect and now Na- planning codes—both current and his- tion,has burst at all seams. The growing
tional Parks Director,cut his land man- tonic—and an eye for real estate trends greenbelt of lands here portends nation-
agement teeth, are key to deciding what land needs to wide implications in guaranteeing the
One of the major players in the cre- be acquired. future habitability of our evolving towns
ation of the Bay Area greenbelt has been and cities near major metropolitan areas.
the Midpeninsula Regional Open Space Wildlife and Native Vegetation The Bay's richest farmlands are disap-
District. Protecting and enhancing salt and fresh- pearing as industry moves away from the
This District—which encompasses an water marshes around the rim of San city center and into the suburbs;move-
area of several hundred square miles, 16 Francisco Bay is just one of the chal- ment which has an incredible effect on
cities,portions of San Mateo and Santa lenges facing the Open Space District long-range greenbelt planning. Regional
Clara counties,and land stretching south and other agencies. Here the pressures of planning,especially foreseeing hot spots
from San Carlos to San Jose—manages urban growth and encroachment are before developers, is the key to preserv-
27 separate bayland and ridgeland pre- probably the most threatening. Bay Area ing our agricultural heritage. Without
serves totalling 22,000 acres. The pre- landscape architects have played a major relinquishing industrial site projects,
serve units,while not managed strictly as role here in managing and designing re- landscape architects in private practice
developed parkland, have been acq' uir>d stored marsh areas,and also in aiding can make a difference in preserving open
for a variety of reasons: to preserve seen- the tasks and goals of the Bay regulatory space:by lending expertise to regional
cry, to aid in guiding urban form and to agencies and organizations such as the and community planning groups like the
protect agriculture,wildlife,natural Bay Conservation and Development People for Open Space's Greenbelt Con-
vegetation,watersheds, unique historical Commission,the California Coastal Con- gress;and by sensitive site planning.
and archaeological sites and geological servancy and Save San Francisco Bay. Our role as professionals,while
and topographic features.These green- Public land managers must also con- grounded in a strong landscape design
belt lands protect public health and trol feral and domestic animals which base,has been broadened to encompass
safety by recharging groundwater and stray,are let loose,or are led into the lo- the regional planning perspective spiced
recycling wastewater. These open spaces cal open space lands and become a with experience and training in natural
also protect quality of life,by retaining threat to native wildlife. resource management,public administra-
nearby pockets of wilderness for The wildlife biologist per se generally tion, wildlife and vegetative expertise
recreation. is not suited to weigh all the diverse ele- and real estate skills. The landscape
Landscape architects as land man- ments the responsible land manager "omnitect"has become a reality in this
alters are charged with providing strong, must in protecting native species in the role as public land manager.
86 Landscape Architecture
ff
Contributors
7
WILLIAM CARNEY is the landscape MARSHA GALE received a BLA from LINDA HITTLE LETTIERI is a free-
architect for the San Francisco Redevel- the University of Illinois and is currently lance writer and marketing communica-
opment Agency. He also maintains an working towards an MLA/MCP at the lions consultant who lives and works in ' '_
environmental writing and design practice, University of California-Berkeley,where San Francisco. She is especially interested
called Landscript Associates and serves as she is a researcher for the departments of in the history of landscape architecture in
vice president of San Francisco Friends of landscape architecture and city planning. the 20th century. ;.
the Urban Forest. His own contributions Her research focuses on urban streetscape a
to San Francisco's sense of place include analysis and public park planning and PATRICK J. MEEHAN is a registered
the ten-foot cultural symbols and associ- evaluation. For the past ten years, Gale architect and urban designer/planner. He $ � x
ated plantings installed this fall on Geary has worked on a variety of design and received his Master of Architecture and
Expressway at Fillmore Street. His planning projects including the urban de- B.S. in Architectural Studies from the
booklength peace poem, Cities, was pub- sign for Sacramento's light rail transit University of Wisconsin-Milwaukee. A
lished by North Atlantic Books. mail and the plan for San Francisco's cen- member of the American Institute of
tral waterfront. Arcitects and the Wisconsin Society of
GARRETT ECKBO's career as a land- PETER BOSSELMANN teaches city Architects,he has been on the proles-
scape architect has spanned half a cen- and regional planning at the College of sional staff of the Southeastern Wisconsin
tury,beginning in the mid-1930s,when he Environmental Design at University of Regional Planning Commission since
earned a BLA from the University of California-Berkeley,where he is also the 1978. He has written numerous proles-
California-Berkeley and an MLA from Director of the Environmental Simulation sional articles on urban design and plan-
Harvard University's Graduate School of Laboratory,a facility which assesses ning for such journals as Landscape Ar-
Design. He has worked in the public sec- large-scale planning and design projects. chitecture,Journal of the American
tor,in private practice and as a professor For the last three years,the Laboratory Planning Association, Ekistics, urban
and lecturer,and he is a frequent contrib- has pioneered research of pedestrian com- Land,and Small Town. Meehan is also Fl t
utor to design journals. Eckbo's longtime fort in urban environments. As a result of the author of The Master Architect:Can-
concern has been with seeking site-spe- their studies,the City of San Francisco versations with Frank Lloyd Wright
cific solutions that take into account cli- adopted sunlight and wind standards in (New York:John Wiley and Sons, 1984)
ent demands and resources,instead of re- downtown areas. as well as the forthcoming Truth Against
lying on a preconceived design the World.
1 vocabulary. California has been the site After three years as a Peace Corps volun-
for the majority of his award-winning teer involved with urban community THEODORE OSMUNDSON is a prac-
projects and studies, from private gardens development in Brazil,New Zealand-born tieing landscape architect in San Fran-
to urban spaces to college campuses. DAVID HANSEN returned to the Cisco with over 35 years'experience in the
United States to earn an MLA from the design of landscape development for a
RENEE FELCIANO is a landscape ar- University of California-Berkeley. He has parks,hospitals,commercial and office
chitect in private practice in Santa Rosa, since worked as a landscape architect, buildings,roof gardens,motels,college
California. She has been active in local open space planner and land manager for and university campuses,private and pub-
historic preservation projects for over a several West Coast public projects and lic recreation areas,industrial develop-
decade,and is a frequent contributor to agencies:the San Francisco Zoo Master ments,apartment and housing develop-
preservation journals. She is chair of the Plan,the Pacific Southwest Forest& ments and others. A past national
preservation committee restoring the Bur- Range Experiment Station,the UC- president of ASLA,he was elected a Fel
bank Experiment Farm in Sebastopol and Berkeley Blake Estate and the Marin low of the Society in 1963,and was
is currently working on an Historic Amer- County pen Space District. As Land awarded the ASLA Medal in 1983.
ican Buildings Survey of the property. Manager for the MidPeninsula Regional Osmundson
g received his degree to land-
Recently, Felciano published a directory Open Space District,he is responsible for scape architecture from Iowa State Uni-
of smoke-free lodging in California and a planning, research,capital improvement versity; he is a frequent contributor to de-
bi-monthly newsletter on smoke-free and Ranger staffs. sign journals and lecturer at several
travel and recreation. A founding member universities and annual symposiums.
of the Redwood Empire Section of the MARY MARGARET JONES is a prin-
Northern California Chapter of ASLA, cipal with the San Francisco firm of Har- After spending three years on the faculty "
she serves as 1986 Newsletter Editor. greaves Associates.She has recently com- at Texas Tech University—where he de-
pleted an urban riverfront promenade and ve}oped his interest in urban design and t'
ALLEN K. FOLKS received his MLA pedestrian mall for Antioch,California, the course which is the focus of his arti- m.
from the University of Pennsylvania and "a celebration of its river". Her current cle—THOMAS SCHURCH is presently
is a landscapearchitect in private practice efforts are centered on the design of San working towards a doctorate at the Uni-
in San Francisco. His professional inter- Jose's major downtown park and plaza, versity of Washington. His areas of inter-
ests include urban design and natural re- the city's historic gathering place since its est include the significance of region,ur- A"
source management,and he is currently days as a pueblo. ban form and street systems. Schurch
the chairman of the Steering Committe received his MLA from Cal Poly Pomona
for the 1986 National CAT project and a and is a licensed landscape architect.
member of the Board of Directors of the
Northern California chapter of ASLA. (Continued)
I
IN landscape Architecture
i
CLAIMS No. 86-24
Meeting 86-30
MIDPENINST=LA REGIONAL OPEN SPACE DISTRICT Date: Dec. 22, 1986
C L A I M S
Amount 'Name Description
9356 25.88 Bay Muffler District Vehicle Repair
9357 582.68 California Water Service Company Water Service
9358 289.24 Citicorp Industrial Credit, Inc. Telephone Lease
9359 153.58 Clark's Auto Parts Parts for District Vehicles
9360 112,242.59 Bill T. and Virginia R. Closs Note Repurchase
9361 213.00 Communications Research Company Radio Maintenance
9362 50,000.00 Continental Land Title Land Purchase--Schofield
9363 26.62 Crest Copies, Inc. Bluelines
9364 10,627.04 Margaret Anna Crist Note Repurchase
9365 . 17,803.83 Frank` Lee Crist Jr. and Note Repurchase c e
Carolyn G. Crist
9366 28,581 .22 Roger E and Diane C. Crist Note Repurchase
9367 3,740.61 Jeanese Rowell Note Repurchase--Crist
9368 21 ,348.81 Roger E. Crist Children's Trust Note Repurchase
9369 37,823.73 Frank Lee Crist, Jr. Children's Note Repurchase
Trust
9370 95, 113.60 Jeanese Rowell Children's Trust Note Repurchase--Crist
9371 7,7119.60 Frank L. Crist, Sr. Note Repurchase
9372 88.40 Jack Dymond Associates Xeroxing
9373 353.67 John Escobar Reimbursement--Conference Expense and
Field Supplies
9374 102:83 Pete Ellis Dodge District Vehicle Repairs
9375 94.05 El Monte Stationers Office Supplies
9376 85,600.0o First American Title Guaranty Co. Land Purchase--Jamison
9377 175.35 Foster Brothers Security Systems, Door Locks
9378 224.50 Frahm, Edler & Cannis Engineering Consultation
9379 850.00 John Gilmore Company Equipment Rental
9380 350.00 Raye Girouard Patrol Services
I
9381 68.60 .Goodco Press Office Supplies
9382 9.28 Graphicstat, Inc. Artwork
9383 109,368.21 Guadalupe Rubbish Disposal ; Co:, Inc. . Note Repurchase
9384 125.98 Mary E. Hale Reimbursement--Seminar Expense and
Office Supplies
9385 210. 17 Hubbard C Johnson Field Supplies
9386 34,566. 10 Roy Clifton Jenkins Note Repurchase
9387 43.05 Emma Johnson Reimbursement--Office Supplies
9388 24.56 Thomas Karnofel Reimbursement--Uniform Expense
CLAIMS No. 86-24
Meeting 86-30
Date: Dec. 229 1986
W, Amount Name Description
9389 541-.61 Lawrence Tire Service, Inc. Tires for District Vehicles
9390 2,019.66 . Alton S. Lee, Architect Architectural Services-=Picchetti
9391 772.25. Los Altos Garbage Company Dumpster Rental
9392 20.00 Town of. Los Altos Hills Agendas and Minutes
9393 37.70 Los Altos Stationers Office Supplies
9394 244.79 McCauley Tool & Supply Field Equipment
9395 1 ,500..00 Metro Real Estate Research Appraisal Services
9396 136.74 Minton's Lumber & Supply Field Supplie
s
9397 420.00 Miracle Auto Painting Repairs on District Vehicles
9398 20.87 Monta Vista Garden Center Field Supplies
9399 41 .57 Norney's of Mountain View Office Supplies
9400 52.95' Northern Hydraulics, Inc. Protective Clo
thing
9401 1 ,241 .30 On-Line Business Systems, Inc. Computer Services
9402 510.40 Orchard Supply Hardware Field Supplies
9403 905.82 Pacific Bell Telephone Service
9404 284.69 Pacific Gas & Electric Company Utilities
9405 13.20 Peninsula Blueprint, Inc. Drafting Materials
9406 44. 14 Pitney Bowes Maintenance. Agreement a
9407 136.59 Precision Engravers, Inc. Namebadges Engraved
9408 342.20 Real Estate Data, Inc. Microfiche Lease
9409 270.38 Rent-A-Computer Computer Rental
9410 210.00 Robelo/Kocjan Associates, Inc. Preliminary Structural Analysis
9411 190.00 County of Santa Clara/GSA Dispatching Services
9412 586.23 Santa Clara County/Sheriff's Patrol Services
Department
9413 1 ,051 .58 Shell Oil Company Repairs and Fuel for District Vehicles
9414 183.30 Signs of the Times Signs
9415 13.41 Skyline County Water District Water Service
9416 70.00 Doris Smith Reimbursement--Workshop for C. Bruins
and D. Smith
9417 173.02 Summit Uniforms Uniform Expense
9418 80,000.00 Ticor Title Insurance Company Land Purchase--Miller
9419 151 .34 David Topley Reimbursement--Field Supplies and
Registration Fee
9420 80,000.00 Valley Title Company Land Purchase--Howatt
9421 68.88 Sandy Voorhees Private Vehicle Expense
9422 255.00 Western Govermental Research Registration Fee for Workshop
Association
CLAIMS No. 86-24
Meeting 86-30
�t Amount Date: Dec. 22, 1986
Name Description
9423 196.31 ., Del Woods Reimbursement--Office Supplies and
Private Vehicle Expense
9424 791 .02 Xerox Corporation ' Office Supplies and Maintenance
Agreement
9425 111E-0S ZZZ Sanitation Company Sanitation Services
9426 2,417.50 Dennis Plank Construction Repairs and Appliance Replacements--
Bean House
CLAIMS No. 86-24
Meeting 86-30
Date: Dec. 22, 1986
Name REVISED
Amount
Description
9389 541 .61 Lawrence Tire Service, Inc. Tires for District Vehicles
9390 2,019.66 Alton S. Lee, Architect Architectural Services-'-Picchetti
9391 772.25, Los Altos Garbage Company Dumpster Rental
9392 20.00 Town of. Los Altos Hills Agendas and Minutes
9393 37,70 Los Altos Stationers Office Supplies
9394 244.79 McCauley Too] S Supply Field Equipment
9395 1 ,500.00 Metro Real Estate Research Appraisal Services
9396 136.74 Minton's Lumber it Supply Field Supplies
9397 420.00 Hiracle Auto Painting Repairs on District Vehicles
9398 20.87 Monta Vista Garden Center Field Supplies
9399 41 .57 Norney's of Mountain View Office Supplies
9400 52.95' Northern Hydraulics, Inc. Protective Clothing
9401 1 ,241 .30 On-Line Business Systems, Inc. Computer Services
9402 510.40 Orchard Supply Hardware Field Supplies
9403 905.82 Pacific Bell Telephone Service
9404 284.69 Pacific Gas & Electric Company Utilities
9405 13.20 Peninsula Blueprint, Inc. Drafting Materials
9406 44.14 Pitney Bowes Maintenance. Agreement
9407 136.59 Precision Engravers, Inc. Namebadges Engraved
9408 342.20 Real Estate Data, Inc. Microfiche Lease
9409 270.38 Rent-A-Computer Computer Rental
9410 210.00 Robelo/Kocjan Associates, Inc. Preliminary Structural Analysis
9411 190.00 County of Santa Clara/GSA Dispatching Services
9412 586.23 Santa Clara County/Sheriff's Patrol Services
Department
9413 1 ,051 .58 Shell Oil Company Repairs and Fuel for District Vehicles
9414 183.30 Signs of the Times Signs
9415 13.41 Skyline County Water District Water Service
9416 70.00 Doris Smith Reimbursement--Workshop for C. Bruins
and D. Smith
9417 173.02 Summit Uniforms Uniform Expense
9418 80,000.00 Ticor Title Insurance Company Land Purchase--Miller
9419 151 .34 David Topley Reimbursement--Field Supplies and
Registration Fee
9420 80,000.00 Valley Title Company Land Purchase--Howatt
9421 68.88 Sandy Voorhees Private Vehicle Expense
9422 255.00 Western Govermental Research Registration Fee for Workshop
Association
i
CLAIMS No. 86-24
Meeting 86-30
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Dec. 22, 1986
REVISED
C L A I M S
Amount Name Description
9356 25.8$ Bay Muffler District Vehicle Repair
9357 582.681, 1 California Water Service Company Water Service
9358 289.24 Citicorp Industrial Credit, Inc. Telephone Lease
9359 153.58 Clark's Auto Parts Parts for District Vehicles
9360 112,242.59 Bill T. and Virginia R. Closs dote Repurchase
9361 213.00 Communications Research Company Radio Maintenance
9362 50,000.00 Continental Land Title Land Purchase--Schofield
9363 26.62 Crest Copies, Inc. Bluelines
9364 10,627.04 Margaret Anna Crist Note Repurchase
9365 17,803.83 Frank- Lee Crist, Jr. and Note Repurchase
Carolyn G. Crist
9366 28,581 .22 Roger E and Diane C. Crist dote Repurchase
9367 3,7110.61 Jeanese Rowell Note Repurchase--Crist
9368 21 ,348.81 Roger E. Crist Children's Trust Note Repurchase
9369 37,823.73 Frank Lee Crist, Jr. Children's Note Repurchase
. Trust
9370 95,113.60 Jeanese Rowell Children's Trust Note Repurchase--Crist
1 9371 7,7119.60 Frank L. Crist, Sr. dote Repurchase
9372 88.40 Jack Dymond Associates Xeroxing
9373 353.67 John Escobar Reimbursement--Conference Expense and
Field Supplies
9374 )02.88 Pete Ellis Dodge District Vehicle Repairs
9375 94.05 E1 Monte Stationers Office Supplies
9376 85,600.00 First American Title Guaranty Co. Land Purchase--Jamison
9377 175.35 Foster Brothers Security Systems. Door Locks
9378 224.50 Frahm, Edler & Cannis Engineering Consultation
9379 850.00 John Gilmore Company Equipment Rental
9380 350.00 Raye Girouard Patrol Services
9381 68.60 Goodco Press Office Supplies
9382 9.28 Graphicstat, Inc. Artwork
I'I 9383 109,368.21 Guadalupe Rubbish Disposal , Co. , lnc. . Note Repurchase
9384 125.98 Mary E. Hale Reimbursement--Seminar Expense and
Office Supplies
9385 210. 17 Hubbard E Johnson Field Supplies
9386 34,566. 10 Roy Clifton Jenkins Note Repurchase
9387 113.05 Emma Johnson Reimbursement--Office Supplies
9388 24.56 Thomas Karnofel Reimbursement--Uniform Expense
REVISED CLAIMS No. 86-24
Meeting 86-30
Date: Dec. 22, 1936 Amount Name Description
9423 196.31 . DO Woods Reimbursement--Office Supplies and
Privat
e Vehicle Expense
9424 791 .02 Xerox Corporation Office Supplies and Maintenance
Agreement
9425 44.05 ' ZZZ Sanitation Company Sanitation Services
9426 2,417.50 Dennis Plank Construction Repairs and Appliance Replacements—
Bean House
! 9427 6,822.92 Wendel , Lawlor, Rosen & Black Legal Services
9428. 207.07 Petty Cash Drafting and Office Supplies, Meal
Conferences, Subscriptions, Private
Vehicle Expense and Field Supplies
CIAIms No. 8 6-2 4
Meeting 86-30
MIDPENINSTiLA REGIONAL OPEN SPACE DISTRICT Date: Dec. 22, 1986
C L A I M S REVISED
Amount Name Description
9356 25.88 Bay Muffler District Vehicle Repair
9357 582.68 California Water Service Company I-later Service
9358 289.24 Citicorp Industrial Credit, Inc. Telephone Lease
9359 153.58 Clark's Auto Parts Parts for District Vehicles
9360 112,242.59 Bill T. and Virginia R. Closs Note Repurchase
9361 213.00 Communications Research Company Radio Maintenance
9362 50,000.00 Continental Land Title Land Purchase--Schofield
9363 26.62 Crest Copies, Inc. Bluelines
9364 10,627.04 Margaret Anna Crist Note Repurchase
9365 17,803.83 Frank Lee Crist, Jr. and Note Repurchase
Carolyn G. Crist
9366 28,531 .22 Roger E and Diane C. Crist Note Repurchase
9367 3,740.61 Jeanese Rowell Note Repurchase--Crist
9368 21 ,348.31 Roger E. Crist Children's Trust Note Repurchase
9369 37,823.73 Frank Lee Crist, Jr. Children's Note Repurchase
Trust
0 95, 113.60 Jeanese Rowell Children's Trust Note Repurchase--Crist
9371 7,749.60 Frank L. Crist, Sr. Note Repurchase
9372 88.140 Jack Dymond Associates Xeroxing
9373 353.67 John Escobar Reimbursement--Conference Expense and
Field Supplies
9374 102:88 Pete Ellis Dodge District Vehicle Repairs
9375 94.05 E1 Monte Stationers Office Supplies
9376 85,600.00 First American Title Guaranty Co. Land Purchase--Jamison
9377 175.35 Foster Brothers Security Systems, Door Locks
9378 224.50 Frahm, Edler E Cannis Engineering Consultation
9379 850.00 John Gilmore Company Equipment Rental
9380 350.00 Raye Girouard Patrol Services
9381 68.60 w Goodco Press Office Supplies
9382 9.28 Graphicstat, Inc. Artwork
9383 109,368.21 Guadalupe Rubbish Disposal . Co. , lnc. Alote Repurchase
9384 125.98 Mary E. Hale Reimbursement--Seminar Expense and
Office Supplies
9385 210. 17 Hubbard s Johnson Field Supplies
,.__ 6 34,566. lo Roy Clifton Jenkins Note Repurchase
9387 113.05 Emma Johnson Reimbursement--Office Supplies
9388 24.56 Thomas Karnofel Reimbursement--Uniform Expense
i
CLAIMS No. 86-24
Meeting 86-30
Date: Dec. 22, 1986
` Name REVISED
Amount
z` Description
(,,,9 541 .61 Lawrence Tire Service, Inc. Tires for District Vehicles
9390 2,019.66 Alton S. Lee, Architect Architectural Services-�-Picchetti
9391 772.25 Los Altos Garbage Company Dumpster Rental
9392 20.00 Town of. Los Altos Hills Agendas and Minutes
9393 37.70 Los Altos Stationers Office Supplies
9394 244.79 McCauley Tool & Supply Field Equipment
9395 1 ,500.00 Metro Real Estate Research Appraisal Services
9396 136.74 Minton's Lumber & Supply 1 Field Supplies es
9397 420.00 Miracle Auto Painting Repairs on District Vehicles
9398 20.87 Monta Vista Garden Center Field Supplies
9399 41 .57 Norney's of Mountain View Office Supplies
9400 52.95' Northern Hydraulics, Inc. Protective Clothing
9401 1 ,241 .30 On-Line Business Systems, Inc. Computer Services
9402 510.40 Orchard Supply Hardware Fie].d Supplies
9403 905.82 Pacific Bell Telephone Service
9404 284.69 Pacific Gas & Electric Company Utilities
(a '''5 13.20 Peninsula Blueprint, Inc. Drafting Materials
,j6 44. 14 Pitney Bowes Main a ten nce_ Agreement
9407 136.59 Precision Engravers, Inc. Namebadges Engraved
9408 342.20 Real Estate Data, Inc. Microfiche Lease
9409 270.33 Rent-A-Computer Computer Rental
9410 210.00 Robelo/Kocjan Associates, Inc. Preliminary Structural Analysis
9411 190.00 County of Santa Clara/GSA Dispatching Services
9412 586.23 Santa Clara County/Sheriff's Patrol Services
Department
9413 1 ,051 .58 She] ] Oil Company Repairs and Fuel for District Vehicles
9414 183.30 Signs of the Times Signs
9415 13.41 Skyline County Water District Water Service
9416 70.00 Doris Smith Reimbursement--Workshop for C. Bruins
and D. Smith
9417 173.02 Summit Uniforms Uniform Expense
9418 80,000.00 Ticor Title Insurance Company Land Purchase--Miller
9419 151 .34 David Topley Reimbursement--Field Supplies and
Registration Fee
' .,0 80,000.00 Valley Title Company Land Purchase--Howatt
LI 68.88 Sandy Voorhees Private Vehicle Expense i
9422 255.00 Western Govermental Research Registration Fee for Workshop
Association
KtVIJL'U LLAIM NO. Ob-2i1
Meeting 86430
Amount Date: Dec. 22, 1986
Name Description
°'t23 196.81 . Del Woods Reimbursement--Office Supplies and
Private Vehicle Expense
9424 791 .02 Xerox Corporation Office Supplies and Maintenance
Agreement
9425 44.05 ZZZ Sanitation Company Sanitation Services
9426 2,417.50 Dennis Plank Construction Repairs and Appliance Replacements--
Bean House
9427 6,822.92 Wendel , Lawlor, Rosen & Black Legal Services
9428 207.07 Petty Cash Drafting and Office Supplies, _Meal
Conferences, Subscriptions, Private
Vehicle Expense and Field Supplies