HomeMy Public PortalAbout19830511 - Agendas Packet - Board of Directors (BOD) - 83-12 4
Meeting 83-12
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
Regular Meeting
Board of Directors
Wednesday 375 Distel Circle, D-1
May 11 , 1983 A G E N D A Los Altos, California
(7:30) ROLL CALL
APPROVAL OF MINUTES (April 20, 1983; April 27, 1983)
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
OLD BUSINESS WITH ACTION REQUESTED
(7:45) 1 . Final Adoption of the Use and Management Plan for Monte Bello Open Space
Preserve - Page Mill Road Area -- D. Hansen
(7:50) 2. Proposed Acquisition of Hassler Health Home Property -- C. Britton
Resolution Authorizing Acceptance of Settlement Agreement for Purchase of s
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
(Hassler Park/Lands of City and County of San Francisco)
NEW BUSINESS WITH ACTION REQUESTED
(9:05) 3. Proposed Addition to Coal Creek Open Space Preserve - Lands of Fernandez
-- 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 Documents Necessary
or Appropriate to Closin of the Transaction (Coal Creek Open Space Preserve/
9 P
Lands of Fernandez)
(9:20) 4. Lease Renewal for Gill Cable TV on Black Mountain -- C. Britton
Resolution Approving the Ground Communications Lease to Gill Industries (Monte
Bello Open Space Preserve - Black Mountain)
(9:30) INFORMATIONAL REPORTS
CLAIMS
CLOSED SESSION (Land Neaotiation and Litigation Matters)
ADJOURNMENT
TO ADDRESS THE BOARD: When an item ,you're concerned with
appears on the agenda, please address the Board at that time;
otherwise, ,you may address the Board under Oral Communications.
When recognized, please begin by stating ,your name and address.
Conciseness is appreciated. We request that you complete the
forms provided so your name aiiJ a ress can 25e accurately
included in the minutes.
-AILAA.
Nile
30=04ow
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
The Board of Directors of the Midpeninsula Regional Open Space
District will be considering the acquisition of the Hassler Health Home
Property at its meetinn of May 11 , 1983 at the District office, 375 Distel
Circle, Suite D-1 , Los Altos, California.at 7:30 P.M.
The District has attempted to notify all individuals interested
in this item. However, we would appreciate your assistance in notifying
any of your friends and neighbors whom you think would be interested in
this action.
Herbert A.Grench,General Manager Board of Directors.,Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
- Meeting 83-9
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
SPECIAL MEETING
BOARD OF DIRECTORS
APRIL 20 , 1983
MINUTES
I. ROLL CALL
Vice President Harr Turner called the meeting to order at 7:39 P.M.
Y g
Members Present: Katherine Duffy, Edward Shelley, Nonette Hanko,
Harry Turner, and Richard Bishop.
Members Absent:' Daniel Wendin and Barbara Green.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Stanley Norton, Jean Fiddes, and Cecilia Cyrier.
II. WRITTEN COMMUNICATIONS
C. Cyrier stated the Board had received a letter from Harry H. Haeussler,
Jr. , of Los Altos , dated April 13 , 1983 , recommending that considera-
tion be given to developing bicycle paths in open space preserves.
H. Turner stated that Mr. Haeussler' s request be referred to staff
and kept in mind for "The Next Decade" Workshop.
III. ORAL CO22MUNICATIONS
There were no oral communications.
IV. OLD BUSINESS WITH ACTION REQUESTED
A. Rancho San Antonio Open Space Preserve Upper House Proposal
H. .Grench reviewed memorandum M-83-41 of April 7 , 1983, concerning
possible uses of Rancho San Antonio Open Space Preserve upper house,
as well as the use of lower house as a multi-use facility and Ranger
residence. Board discussion centered on the use of the lower house,
and the Board concurred that use of lower house be limited to District
use and not be open for general use by the public. H. Grench noted
proposals would be solicited, using the detailed criteria developed
by staff, for uses of the upper house by outside groups, and the Board
agreed a second reading of the item was not necessary. Heidi Perham,
Escondido Village, 44-6, Stanford, questioned whether outside organi-
zations had been contacted as possible lessees of upper house. D. Hansen
responded that some organizations had already expressed interest, and
that proposals would be solicited from many groups.
Motion: N. Hanko moved the Board reaffirm its policy on the use of
the lower house as a multi-purpose facility and Ranger
residence. E. Shelley seconded the motion. The motion
passed unanimously.
Discussion: H. Turner stated the Board 's consensus that
staff return to the Board with a recommended policy on
use of the multi-use facility.
Herbert A.Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,EdwardG.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 83-9 Page two-
Motion: E. Shelley moved the Board adopt the recommended criteria
for seeking a lessee for the upper house. R. Bishop seconded
the motion. The motion passed unanimously.
Motion: E. Shelley moved that Board accept the staff memorandum and
the time table for action on lessee solicitation by staff.
R. Bishop seconded the motion. The motion passed unanimously.
V. NEW BUSINESS WITH ACTION REQUESTED
A. Proposal for Summer Use of Coal Creek Open Space Preserve Structures
D. Hansen reviewed memorandum M-83-44 dated April 7 , 1983 , relating to
interim use of buildings , noting a proposal had been received from
Conservation Earth, a non-profit corporation, for use of buildings and
property as a day camp facility for a total of 45 children, ages six
to twelve.
Steve Karlin, President of Conservation Earth gave a presentation
indicating the necessity to educate people to the basic need of open
space, by beginning this educational process with children. He said
the majority of activities would be conducted away from the structures
which would be used for quiet activities and noted vans will be used
to transport the children to keep the number of daily trips on the
access road to a minimum.
Questions and discussion involving the Board, Steve Karlin, Robert
Fisse, Route 2 , Box 402 , LaHonda, and David and Julie Wexler, 100 Crazy
Pete's Road, Woodside, centered on the following items: 1) number of
trips per day to transport children,' 2) whose responsibility it would
be to repair the road if damage was caused by the transport van, 3)
number of children and adults coming into facility each day, 4) areas
from which children will be coming, 5) respect of adjoining landowners '
privacy, 6) types of activities planned for children, 7) what types of
animals are to be brought in and whether they would remain on the site
over night, and 8) whether a second year request would be forthcoming.
The Board concurred that if the Crazy Pete's Road agreement was tied
to trips and usage on the road, the District should take responsibility
for added damage to the road resulting from the program, and stated
every effort should be made to attempt to assess quality of road at
the beginning and end of program.
H. Turner requested that Board take final action on the item this
evening and suggested a statement be incorporated into main resolution
asking staff to measure condition of road before the program begins
and then incorporate that information into District's responsibility
for road maintenance.
Motion: E. Shelley moved that the Board authorize the General Manager
to sign the agreement with Conservation Earth to utilize
portions of Coal Creek Open Space Preserve and its structures
for day camp use from June 6 , 1983 , to September 1, 1983 ,
and moved the Board vote on this agreement this evening and
not request a second reading. R. Bishop seconded the motion.
The motion passed unanimously.
a
Meeting 83-9 Page three
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VI. INFORMATIONAL REPORTS
D. Hansen reported on a successful Trails Day on District sites on
Saturday, April 16 and the Fun Run on Sunday, April 17 at Rancho San
Antonio Open Space Preserve.
VII. CLOSED SESSION
The Board recessed to Closed Session on land negotiations and litigation
matters at 8:59 P.M.
VIII. ADJOURNMENT
The Board reconvened to adjourn at 11:13 P.M.
Cecilia Cyrier
Secretary
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I'I
i
Meeting 83-11
1l
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1.LOS ALTOS,CALIFORNIA 94D22
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
APRIL 27, 1983
I4INUTES
I. ROLL CALL
President Barbara Green called the meeting to order at 7:35 P.M.
Members Present: Katherine Duffy, Barbara Green, Edward Shelley,
Harry Turner, Nonette Hanko, and Daniel Wendin. Richard Bishop
arrived at 7: 40 P.M.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Del Woods, Charlotte MacDonald, Mary Gundert, Stanley Norton, and
Joan Combs.
II . APPROVAL OF MINUTES
April 13, 1983
Motion: E. Shelley moved approval of the minutes of April 13, 1983.
K. Duffy seconded- the motion.
Discussion: N. Hanko questioned the wording in the third paragraph of
Follow-Uo Information on Test Program to Allow Dogs on
F Select Preserves on Page Two, noting the Dag Committee
had not discussed cats.
B. Green noted the wording was in response to existing
language concerning dogs and cats in the District ordinances.
D. Hansen said an ordinance would be submitted to the Board
for approval.
The motion passed unanimously.
III. WRITTEN COMMUNICATIONS
J. Combs stated the Board had received the following written communi-
cations:
1) a letter, dated April 13, 1983, from Representative Don Edwards
concerning funding of the Land and Water Conservation Fund; and
2) a letter, dated April 14, 1983, from Margie R. Stephens of San
Jose , concerning bike lockers at Rancho San Antonio; and
3) a letter, dated April 14, 1983, from Margie R. Stephens asking
permission to measure the trails at Rancho San Antonio with a
bicycle odometer.
Discussion centered around providing bike racks or lockers at Rancho
San Antonio. H. Grench suggested that this matter be addressed in
staff's next use and management plan review for the Preserve.
IV. ADOPTION OF AGENDA
B. Green stated the agenda was adopted by consensus .
V. ORAL COMMUNICATIONS
There were no oral communications .
Herbert A.Grench, ,General Manager
Board of Directors:Katherine Duffy.Barbara Green,Nonette G.Hanko.Richard S.Bishop.Edward G.Shelley.Harry A Tumer.Daniel G-Wendin
Meeting 83-11 Page Two
VI. OLD BUSINESS WITH ACTION REQUESTED
A) Adoption of the Interim Use and Management Plan for an Addition to
the El Sombroso Area of Manzanita Ridge Open Space Preserve
(Shields Property)
D. Hansen, referring to memorandum M-83-47 of April 18, 1983,
stated no further public comment had been received.
Motion: H. Turner moved the Board approve the interim use and
management plan, including naming of the property, as
contained in report R-83-13 for the addition to the El
Sombroso Area of Manzanita Ridge Open Space Preserve and
withhold the property from dedication at this time.
E. Shelley seconded the motion. The motion passed
unanimously.
VII. NEW BUSINESS WITH ACTION REQUESTED
A. Monte Bello Open Space Preserve Use and Management Plan for
, the Page Mill Road Area
D. Hansen introduced report R-83-15, dated April 15, 1983.
D. Woods showed slides of the storm damage on the Preserve's trails
and roads, noting that one trail was still closed.
D. Voods stated staff was in the process of submitting final papers
for reimbursement from the State for funds provided for by the
Land and Water Conservation Fund grant, and noted that a cost
accounting of the Monte Bello Development Project was attached
to .the report.
D. Woods noted a correction under New Use and Management
Recommendations on Page eight of the report, which stated that a
portion of the landscaping had been completed by volunteers. D.
Woods said that bad weather had cancelled planting plans.
Discussion centered on the necessity of landscaping at Monte
Bello Preserve.
D. Woods said staff hoped to satisfy Palo Alto's requirements with
the first phase of the landscaping, planting the Stevens Creek
side of the parking area. He said he would be attending the
meeting of the Architectural Review Board in May to discuss re-
location of the restrooms, and suggested it might be appropriate
at that time to ask for a re-evaluation of landscaping requirements.
Motion: E. Shelley moved that the Board ask staff to return to
Palo Alto to request that the city reconsider its planting
requirements. H. Turner seconded the motion.
Discussion: H. Grench suggested that the Board consider a less
formal approach to Palo Alto than a request for re-
consideration. He suggested bringing the question up
at the time of the meeting with the Architectural
Review Board.
E. Shelley amended his motion to request staff to discuss
informally the Monte Bello landscaping plan with the City
of Palo Alto. H. Turner concurred in the change. The
motion as amended carried unanimously.
N. Hanko said she felt it was an appropriate time to discuss adding
mileage numbers on Preserve signs where feasible.
D. Hansen stated staff would consider adding mileage figures to signs
at replacement time or when signs were placed in new areas .
Meeting 83-11 Page Three
N. Hanko said she had a request from senior citizens for more
information on the difficulty of trails, and asked if this in-
formation could be included in the brochures.
D. Woods said there was not presently a system for rating the
difficulty of trails.
E. Shelley suggested noting elevation changes and mileage in the
brochures as an indication of trail difficulty.
Walter and Marianne Kerl, 20830 Boyce Lane, Saratoga, said they
would like the District to consider a small parking lot at the
southern entrance to Monte Bello on Montebello Road.
B. Green asked if it would be possible to add a recommendation to
this year's use and management plan for staff to evaluate the
feasibility of parking on Montebello Road.
R. Bishop suggested placing a small parking area at the entrance
to the docents' gate on Montebello Road.
D. Hansen said one problem with public parking in this area is the
difficulty of patrol. He said a Ranger residence is anticipated
for that area in the future which would provide overseeing of the
area.
H. Grench said one of the main concerns of staff was transferring
problems associated with the County parking lots adjacent to
Stevens Creek Canyon Road to the top of the hill. He added that the
area might attract many non-hikers, who would use it as a view and
party spot rather than a trailhead.
D. Woods said one of the criteria for the Monte Bello parking area
was high visibility, as this factor helps management of the area.
D. Wendin suggested a parking area on Montebello Road would attract
illegal evening use.
B. Green stated the Board's consensus that some language addressing
parking on Montebello Road be included in the final use and manage-
ment plan to be presented at the May 11 meeting.
Motion: R. Bishop moved the tentative adoption of the use and
management recommendations for the Monte Bello Open
Space Preserve - Page Mill Road Area - as contained in
the report. N. Hanko seconded the motion. The motion
passed unanimously.
B. 1983-84 Legislative Program Update
H. Grench, referring to memorandum M-83-43 of April 11 , 1983, said
the Legislative Committee had reviewed the various bills in detail.
Motion: K. Duffy moved the Board adopt the recommended MROSD
updated Legislative Program including positions and
priorities. H. Turner seconded the motion. The motion
passed unanimously.
C. Federal Disaster Assistance Program for Storm Damage Repair
D. Hansen introduced memorandum M-83-48, dated April 21, 1983,
stating staff had been pursuing federal funding to aid in re-
pairing some of the storm damage incurred on several preserves.
Meeting 83-11 Page Four
Motion: H. Turner moved the adoption of Resolution 83-19, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing the General
Manager of the District as the Authorized Agent to Act
For and On Behalf of the District in Obtaining Federal
Financial Assistance Under Public Law 93-288 in order to
obtain aid for repair of the attached list of storm
damaged areas. R. Bishop seconded the motion. The
motion passed unanimously.
VIII. INFORMATIONAL REPORTS
H. Grench stated that Santa Clara County Supervisor Rebecca Morgan
will hold a public forum on the current and future status of the
county park system, and said he felt it was important the District
be represented. S. Norton said he would plan to attend, and B.
Green, N. Hankof and K. Duffy expressed their intentions of attending
also.
H. Grench noted the District is negotiating to purchase Mt. Umunhum
from the federal government, and said the Santa Clara County Board of
Supervisors had adopted a resolution stating their intention to make
a General Plan designation for Mt. U.munhum as public open space.
K. Duffy reported on a land tour along Skyline Boulevard she and B.
Green had taken with a group of League of Women Voter members.
IX. CLAIMS
Motion: R. Bishop moved approval of the revised claims, 83-8, dated
April 27 , 1983. E. Shelley seconded the motion. The motion
carried unanimously.'
X. CLOSED SESSION
The Board recessed to a Closed Session at 9:15 P.M.
XI. ADJOURNMENT
The Board reconvened to adjourn at 10:20 P.M.
Joan Combs
Secretary
-Aims 83-8 Revised
ting 83-11
tpril 27,1983
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
Amount Wame Description
114887 $ 11.20 Amerigas Welding Supplies and Tank Rental
4888 336.00 Edward R. Bacon Co. Storm Damage Repair
4889 66.01 CA Water Service Co. Utilities-Rancho San Antonio
4890 34.67 The Frogpond Meal Conferences
4891 184.50 William Glass Trucking Base Rock
4892 39.35 . Graphicstat, Inc. Trail Signs _
4893 236. 80 Herbert Grench Out-of-Town Meeting Expense and
Local Meal Conference
4894 . 41. 32 Bay Microfilm, Inc. Developing Fluid .for Microfilm
4895 1,118.47 W.J. Chandler Associates Consulting Fee-Almaden Property
4896 . 7,592.43 Clevenger Realty. Co. Appraisal Services
4897 100.00 First Am..erican. Title Preliminary Title Report
Insurance Co.
-4898 217:50 - First American'Title Title Insurance anit Escrow Fee-
Guaranty Co. Remensperger Property
4899 5,845.25 Frahm, Edler ..end Cannis Engineering Services
4900 49. 71 Honda Peninsula District Vehicle Repairs
4901 78.32 Image Technology, Inc. Negative and Mylar for Sphere of
Influence Map
4902 240.A0 Interior Technology Associates Office Space Consultation Fee
4903 368. 36 Minton's Lumber and Supply Materials for Bridge Repair and
Barrier Gates--Rancho San Antonia
and Los Trancos
4904 50. 36 Joyce Nicholas Private Vehicle Expense
4905 967. 77 Orchard Supply Hardware Shop Supplies, Fence and Land-
scaping Materials-Montebello, -
Rancho San Antonio, Russian Ridge, ,
and Windy Hill Open Space Preserv6Q
4907 388.27 PG and E Utilities
4908 110.25 Peninsula Office Supply Miscellaneous Office Supplies
4909 1,089. 38 Peninsula Oil Co.- Gas for District Vehicles
4910 723,28 Pete Ellis Dodge District Vehicle Repair
4911 15.52 Rancho Hardware and Garden ShopHandles for Tools
4( 18.10 David Sanguinetti Reimbursement for Seminar
4913 219. 39 Scotts Valley Sprinkler and Trail Repair Materials-Montebello
Pipe Supply Open Space Preserve
Meeting 33-11
April 27,1983
Amount Name Description
4914 $ 29.00 Sears, Roebuck and Co. Equipment Repair
4( 145.00 Special District Management Seminar-S. Shipley
Seminars
4916 10,277. 64 Rogers , Vizzard and Tallett Legal Services-March
4917 - 25.00 Mary Lou Taylor Honorarium-Guest Lecturer for
Docent Training Class
4918 72.64 Union Oil Gas for DistrictVehicle Expense
4919 53. 74 Alice Watt Private Vehicle Expense
4920 327.56 Xerox Corporation Maintenance-March
4921 58.58 ZZZ Sanitation Co. Portable Toilet Rental-Los Tranco-
4922 405.00 Alfred H. Truesdell" Debt Service-Rongey Property
4923 *86.00 Sporty's Tool Shop Shop Supplies
4924 *46. 14 U.S. Postmaster Postage-May 14 Flyer
4925 *'' rrsptror%
4926 181.00 Triangle Associates Floorplan-Multiple Use Facility
4927 234.57 Petty Cash Local Meal Conferences,Private
Vehicle Expenses,Film,Seminar,
Postage,Subscription,Aerial
Photograph, .Miscellaneous Office
Supplies ,and Pictures for LWCF
Grant s
*Emergency Checks-4-18-83
**Subscription Cancelled
I
r
WRITTEN COMMUNICATION
Meeting 83-12
May 11 , 1983
THOMAS E. HARRINGTON
May 11., 198
Board of Directors
Midpeninsula Regional Open Space District
375 distal Circle D -1
Los Altus , Ca. 94022
Subject: Montebello preserve - page Pill Area
Clear Board Members :
I do not think it is appropriate for you to minimize ,
delay, or delete and+ iandscap ng of your now parking lot
which seems to be your consensus according to the April 27
minutes. A commitment was made to the neighbors who opposed
that parking lot that you would screen it. Because of that
commitment, many neighbors, including myself , helped you get
approval for the lot.
I , for instance, do not appreciate looking out at the
campers , bases, and cars that I was told mould be screened.
I hope you will reconsider your position on this matter and
do your best to landscape the parking area.
Very truly yo s,
Thomas E err on
4201 Pa Mil Road
Palo Al a , Ca.
cc : Architectual Review Board
Palo Alto
105 Fremont Avenue Los Altos,California 94022 (415)941-6900
WRITTEN COMMUNICATION
Meeting 83-12
May 11 , 1983
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M-83-50
(Meeting 83-12
May 11, 1983)
i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 4 , 1983
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert,
Associate Open Space Planner
SUBJECT: Final Adoption of the Use and Management Plan for Monte
Bello Open Space Preserve - Page Mill Road Area
Introduction: The use and management plan for the Monte Bello Open
Space Preserve - Page Mill Road Area was presented and tentatively
adopted at your April 27 , 1983 meeting (see report R-83-15, dated
April 15, 1983) . Final adoption was deferred until your Mav 11, 1983
meeting to allow further public comment.
Discussion: At the meeting a discussion took place over the land-
scaping plan for the parking lot as approved by the Palo Alto City
Council. A question was raised as to the necessity of additional land-
scaping since the area has revegetated itself naturally, and further
planting may in fact make the lot more conspicuous rather than helping
it blend into the landscape. The consensus of the discussion was to
amend the recommendation regarding the landscaping to read as follows :
E. Natural Resources and Agricultural Management
New Use and Management Recommendations
1. Landscaping was required as a part of the parking lot plan
approved by the City of Palo Alto. staff should return to
Palo Alto informally requesting the City to consider whether
the planting plan should be implemented . If the request is
denied, necessary portions of the landscaping will be planted
next winter along with the area around the water tank.
A second item of discussion centered around the parking situation at
the southern end of the Preserve on Montebello Road. Two members of
the public had written letters and were present at the meeting to re-
quest the installation of a parking area to serve the northeastern area
of Monte Bello and thus make it easier for those residents in Cupertino,
Saratoga, etc. to enjoy the Preserve. Following discussion on the sub-
ject, the recommendation regarding the parking at the end of Montebello
Road was amended to read:
A. Access and Circulation
New Use and Management Recommendations
1. Staff has received inquiry regarding the potential development
of public parking facilities at the northeast end of the Pre-
serve on Montebello Road. staff will pursue the possibility of
providing public parking access to the Preserve in the vicinity
of that end of Montebello Road-
M-83-50 Page two
Recommendation: I recommend that you adopt the use and management plan
for the Monte Bello Open Space Preserve - Page Mill Road Area as con-
tained in report R-83-15 and as amended in this memorandum.
R-83-),e-/7
IVIAL (Meeting 83-12
or May 11 , 1983)
AM=a or
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
May 6 , 1983
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
D. Hansen, Land Manager; D. Woods , Open
Space Planner; A. Watt, Environmental
Analyst
SUBJECT: Proposed Acquisition of Hassler Health Home Property
Introduction: On January 27 , 1982, you adopted Resolution 82-2 finding
and determining that public interest and necessity require the acquisition
of the Hassler property for public park, recreation, and open space
purposes (see report R-82-07 , dated January 20, 1982) . Since that date,
staff has worked with the City and County of San Francisco, their
attorneys , and the District 's attorneys to achieve an amicable agreement
for the acauisition of this desirable 298 acre parcel . A settlement
at the staff level has been reached and, if approved by both the District
Board of Directors and the San Francisco Board of Supervisors, the
acquisition proceedings could conclude within the next 30 days .
The pre-acquisition material relating to the site description and
potential use and development has previously been presented to you in
the public necessity report and earlier reports. The following in-
cludes a discussion of final settlement considerations , and expanded
interim use and management recommendations. An initial study, which
is the basis for recommending a Negative Declaration, is attached
(see Exhibit B) .
Discussion: District staff has worked with the representatives of
San Francisco and Judge Thomas M. Jenkins of the San Mateo Superior
Court over the last month to complete the details of the attached
Settlement Agreement. This document represents the understanding
between the respective agency representatives and is now being recom-
mended for your approval. The basis of the settlement is a purchase
price of $3, 500, 000 . This is the same amount as the bid price San
Francisco received at the public auction of the property last July.
Other major terms of the Agreement are as follows:
1 . The District would pay interest at the rate of 10 percent per
annum following City approval of this Agreement until close of
escrow. (This payment is limited to 30 days unless the District
causes a delay in the close of escrow. )
2 . The Agreement is null and void if not approved by both agencies
prior to June 30, 1983.
R-83-16 Page two
3 . The District agrees to dedicate the property under Section 5540 of
the Public Resources Code of the State of California and share the
profits from the sale of the property with San Francisco should
the District sell or convey the property for purposes other than
park and open space use during the next ten years.
4 . The District would not lease the property or any portion thereof
during the next ten years for any purpose other than a use for which
the power of eminent domain could be exercised.
5 . San Francisco would transfer 80, 000 gallons of sewage discharge
rights to the District for use in connection with the Hassler property.
6 . San Francisco would reserve an easement for the existing Las Pulgas
tunnel and aqueduct.
7 . The District would receive a 50 foot wide easement for "roadway,
ingress and egress and utility purposes exclusively for—the use
of the District and its constituents for the public purpose for
which Hassler is being acquired. "
8 . San Francisco is required to obtain a release from Yashima, Inc.
for purposes of elimination of the auction sale as a possible cloud
on the title to the property.
Since this settlement must be approved by both elected Boards and since
there is still a possibility that court action would still be necessary,
no discussion of the individual settlement items is included. All of
these points have been covered in closed litigation sessions with the
Board which included staff 's basis for recommending this settlement.
In addition to approving the settlement terms, you are asked to consider
the use and management recommendations previously outlined in report
R-82-07 and interim recommendations presented herewith. The emphasis
of these recommendations centers on the disposition of the buildings and
methods to control access and illegal activities currently existing on site.
The District has exhaustively explored potential public uses of the
various buildings. In April, 1980 the District solicited proposals for
recreational uses of the buildings. Proposals were limited to recre-
ational uses because of restrictive guidelines governing projects funded
by the Federal Land and Water Conservation Fund. As part of the public
notification process, staff distributed press releases to local papers
and contacted local public agencies, special interest groups, the
Hassler Assessment District, community and the local homeowners '
associations .
On May 28, 1980 a public hearing was conducted to review possible
recreational uses and was continued to July 9, 1980 . One proposal
was made by the Golden Gate Council of the American Youth Hostel and
was later withdrawn due to the high costs associated with retaining
the two desirable structures . It was at this meeting you approved the
recommendation to proceed with an environmental assessment for the
proposed demolition of the buildings. The study was to include the
potential of retaining two structures for recreational uses or
possible Ranger residences.
Interim Use and Management Recommendations
1 . Staff should work with the engineering firm, Earthmetrics, in the
completion of the environmental assessment (initial study) . Upon
completion, the study should address the feasibility of isolating
R-83-16 Page three
and retaining the duplex and doctor ' s house, and demolition of all
remaining structures . Included in the study will be the associated
costs.
Status : Earthmetrics has provided a preliminary environmental assess-
ment which has been expanded by staff and is available at the District
office. Cost estimates of the demolition and possible retention of
specified buildings is being provided by local contractors and the
Housing and Community Development Program of San Mateo County.
These costs, although incomplete at this time, appear to be very
expensive and indicate that rehabilitation of the buildings would
be very costly, ranging between $75,000 to $125 ,000 . More exact
costs will hopefully be available at your meeting.
2 . It is recommended that all buildings on the site be removed upon
acquisition, and disturbed areas be recontoured. The estimated
cost is $230, 000 - $280, 000 and is included in the 1982/83 Open
Space Acquisition budget. The demolition project would take
approximately four months, and the process by which the building
removal would take place is as follows:
A. All structural above-ground materials will be hauled off-site
to a convenient and approved dump site. Some specified material
will be salvaged and held for sale and/or District/County
projects by the demolition contractor or District.
B. The remaining concrete foundations and pads and pavement will
be buried on-site if soil depths prove adequate. Soil borings
will be necessary to determine if there is sufficient soil
depth to allow for retention and recovering of the disturbed area.
The soil engineering work is estimated at $5, 000 . If depths
prove insufficient, the concrete and pavement will also have to
be hauled off-site, which might double the total cost of the
project.
C. The disturbed area will be regraded to blend with the natural
land forms . Seeding with a native plant mix, primarily grasses,
will occur in the fall to stabilize the area and prevent erosion.
Grading costs are included in the overall estimate, and seeding
will be done by District staff.
D. The two water tanks and a designated through paved roadway (see
Exhibit A) will remain until such time as their usefulness in
conjunction with potential recreational development, site patrol
and fire protection can be determined. District staff will
investigate methods by which the two tanks can be filled to
aid in fire protection.
E. The demolition project will be subject to a public bid process,
and the specifications and bid packages will be prepared under
a contractual agreement with the District. An initial study
is being conducted by San Mateo County staff to determine the
scope and cost of preparing the specifications. A timetable
of all demolition and site security phases will be made available
at your meeting.
F. During the period between acquisition and demolition, a security
service will be contracted for by the District to provide 24
hour protection of the site. Costs are estimated at $3, 000/week.
Section Four of the attached Resolution provides for the expendi-
ture of up to $60,000 in closing and miscellaneous costs. In-
cluded would be the costs for hiring unarmed security guards.
R-83-16 Page four
3. Public access and circulation of the site should complement planning
on San Mateo County' s Edgewood Park. A hiking and equestrian stile
will be provided near the roadside parking area near I-280 and
Edgewood Road when easements have been obtained over adjacent
private property. A hiking stile will also be placed adjacent to
the vista point parking area on I-280 provided the encroachment
is allowed by Caltrans . Neighborhood hiking access will be available
from adjacent residential streets and the main entry road. Costs
are estimated at $500. The site should remain closed to the public
until demolition is complete and the site has been readied.
4 . Barriers in the form of fencing and gates will be installed and/or
maintained at the southwest corner near Edgewood, the vista point
access, and the main entry road. Costs are estimated at $2000 .
5. A cooperative agreement will be sought with San Mateo County Parks
and Recreation Department to provide joint patrol services on the
site in exchange for District patrol along Skyline Boulevard of
upper Huddart and Wunderlich County Parks. San Mateo County staff
has expressed a willingness to enter into such an agreement. In
addition to patrol, they have also shown interest in utilizing
one or both houses for Ranger residences if the District were to
decide to retain them and upgrade to a liveable standard. Since
San Mateo County has been under pressure to allow dogs on County
parks and Edgewood County Park may have to be considered, the
District should consider allowing dogs as part of the pilot program
on part of the Hassler site when demolition is complete and the
site is ready for public access.
6. Dedication
I recommend that the Hassler property be dedicated as public open
space in accordance with Section 5540 of the Public Resources Code
of the State of California.
7 . Naming
I recommend that the site not be named as yet, since no suitable
name consistent with Board policy has come to the fore.
Recommendation: I recommend that you adopt the attached Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Settlement Agreement for Purchase 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 or Appropriate to Closing of the Transaction
(Hassler Park/Lands of City and County of San Francisco) .
I further recommend that you indicate your intention to dedicate the
property as public open space, and tentatively adopt the interim use
and management recommendations relating to public access , barriers,
and patrol, and give final approval for the demolition of all the
structures after adopting the attached Negative Declaration.
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RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF SETTLEMENT AGREEMENT
FOR PURCHASE 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 OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (HASSLER PARK/LANDS OF CITY AND
COUNTY OF SAN FRANCISCO)
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 Settlement Agreement between the City and County of
San Francisco and the Midpeninsula Regional Open Space District,
dated May 11, 1983 , a copy of which is attached hereto and by refer-
ence 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 City and
County of San Francisco. 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 au-
thorized to expend up to $60 ,000 to cover the cost of title insur-
ance, escrow fees, and other miscellaneous costs related to this
transaction.
Section Five. The sum of $3 ,500 ,000 is hereby ordered to
be withdrawn from the Midpeninsula Regional Open Space District 1982
Negotiable Promissory Notes Acquisition Fund for this purchase.
SETTLEMENT AGREEMENT
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("District" ) and
the CITY AND COUNTY OF SAN FRANCISCO ( "City") do hereby agree as
of this day of that the City shall sell, and the
District shall purchase, the Hassler Health Home property
consisting of + 293 acres located in the unincorporated area of
San Mateo County, California, as more particularly described in
the Deed attached hereto as Exhibit "A" (hereinafter referred to
as "Hassler") , upon the following terms and conditions :
1 . Immediately upon execution of this Settlement
Agreement, the District shall open an escrow for said purchase
with a title company mutually agreeable to both parties.
2. The District shall deposit into said escrow account
on or before the date of close a District check for the sum of
$3,500,000 ( "purchase price") plus applicable interest as
provided for in paragraph 3 of this Settlement Agreement.
3. The District shall pay interest on the purchase price
at the rate of 10% per annum (not compounded) from and after the
date on which the Finance Committee of the City' s Board of
Supervisors shall have voted to recommend the adoption of an
ordinance authorizing the execution of this Settlement Agreement,
or the full Board of Supervisors shall have voted to adopt an
ordinance authorizing the execution of this Settlement Agreement,
whichever is first; provided, however, that the District ' s
obligation to pay interest hereunder shall be limited to a period
1
L
of 30 days after such recommendation or such vote by the full
Board of Supervisors, whichever is first; provided, further, that
if any delay of close of escrow results from the .District ' s
i
failure to perform hereunder, the obligation to pay
interest shall continue. The total interest on said sum shall be
pro-rated up to the day of close of escrow. If the close of
escrow shall be delayed after all other conditions are satisfied
because releases pursuant to paragraph 15, below, shall not yet
have been deposited in escrow, then no further interest shall
accrue hereunder.
4 . Upon approval by ordinance of this Settlement
Agreement by the City' s Board of Supervisors and Mayor, the City
will deposit into escrow a duly executed Deed for Hassler to the
District in the form attached hereto as Exhibit "A, " conveying
all right, title, and interest of the City in said property,
subject to-any restrictions, reservations, and easements of
record.
I
5. It is further understood that the right, title, and
interest in Hassler to be transferred by sale shall not exceed
that vested in the City, that the aforesaid Deed shall convey
title in fee to Hassler without warranty, subject to the
conditions and restrictions hereinafter set forth. No policy of
title insurance shall be furnished by the City in connection with
this transaction. It is the District ' s responsiblity to pay any
and all escrow fees, if applicable, and to obtain a policy of
title insurance, if desired. It is understood that the District
2
k
is not subject to real property taxes pursuant to Sections
4986(6) , 5082, and related sections of the Revenue and Taxation
Code, and that therefore all real property taxes are cancelled on
the subject property as a matter of law from the date of
recordation. The City shall be entitled to and responsible for
applying for, and refund of, all real property taxes due to it as
a result of the subject conveyance.
6 . This Settlement Agreement shall be of no force and
effect if the Board of Supervisors of the City and the Board of
Directors of the District fail to authorize execution of this
Settlement Agreement on or before June 30, 1983 .
7. This Settlement Agreement shall be submitted to the
District ' s Board of Directors for approval not later than May 11,
1983 .
8. The District hereby agrees, covenants, and promises
that Hassler shall be used exclusively for public park, open
space, and/or public recreational purposes. Accordingly, the
District will dedicate Hassler to such purposes pursuant to
Section 5540 of the Public Resources Code. The District further
agrees, covenants, and promises that it shall not lease Hassler,
except for any purpose for which the power of eminent domain
could be exercised, for a period of ten (10) years from the date
of recordation of the aforesaid Deed (Exhibit "A" ) pursuant to
this Settlement Agreement . In the event that the District sells,
transfers, or conveys Hassler, or any portion thereof, to any
person or entity, public or private, for any purpose other than
3
public park, open space, and/or public recreational purposes
within ten (10) years of the date of recordation of the aforesaid
Deed (Exhibit "A") , the District will pay to the City its profit
on such sale, transfer, or conveyance. The amount of such profit
to be paid to the City shall be the difference between the price
obtained by the District as a result of such sale, transfer, or
conveyance and the price the District paid to the City to
purchase Hassler, or the portion thereof being sold, transferred,
or conveyed, plus an imputed return on such last mentioned
amount. The imputed return shall be calculated as follows : The
purchase price paid by the District shall be deemed to have
accrued interest, compounded annually, for the period from the
recordation of the aforesaid Deed (Exhibit "A" ) until the date of
the recordation of a deed pursuant to such sale, transfer, or
conveyance by the District at a rate measured by the average
annua-1 rate of return actually earned by the District for the
investment of all of its cash funds for the period between the
recordation of the aforementioned Deed (Exhibit "A" ) and the
recordation of the District's deed to its purchaser . In the
event that the District shall sell, transfer, or convey only a
portion of Hassler, the price the District paid to the City to
purchase that portion of Hassler shall be determined by
multiplying the total price paid to the City by the District by a
fraction the numerator of which shall be the number of acres in
the portion of Hassler then being sold, transferred, or conveyed
and the denominator of which shall be the total number of acres
4
in the Hassler property as sold by the City to the District. At
the end of said ten (10) year period, and upon written request of
the District, the City shall provide, at no cost to the District,
a quitclaim deed to eliminate this provision as an encumbrance to
the Hassler property.
9. As part of this Settlement Agreement, and to be set
forth in the aforesaid Deed, the City conveys and transfers to
the District for use exclusively for sewage discharge generated
at or on Hassler, the right to discharge up to eighty thousand
(80,000) gallons of sewage per day of any right of the City' s
right to discharge four hundred forty thousand (440 , 000) gallons
sewage per day into the Hassler Health Home Sewer Line ( "Hassler
Line") , as the City' s rights are defined in that certain
Agreement dated July 22, 1958 and made among the City and County
of San Francisco, County of San Mateo, City of San Carlos, City
of Belmont, Scenic Heights County Sanitation District, and
Emerald Lake Sewer Maintenance District ( "1958 Agreement" ) .
However, the City does not warrant any sewer treatment capacity
in the South Bayside System Authority sewage treatment plant.
The City hereby reserves any remaining rights to discharge sewage
into the Hassler line under the 1958 Agreement to itself in the
amount of three hundred sixty thousand (360,000) gallons per
day. Said right to discharge up to eighty thousand (80,000)
gallons of sewage per day conveyed to the District under this
Settlement Agreement and the aforesaid Deed may only be used for
the benefit of Parcels One and Two as described in the Deed
5
t
attached hereto as Exhibit "A, " and shall at all times be
appurtenant to, and shall run with, the Hassler property. The
City does not warrant any sewage discharge rights referred to in
this Settlement Agreement and conveyed in the aforesaid Deed.
10 . As part of this Settlement Agreement and to be
included in the aforesaid Deed, the City reserves from Parcel One
described in the aforesaid Deed that certain 60 feet wide
easement recorded July 20, 1922 in Book 52 at Page 179, official
i
Records of San Mateo County, for the Las Pulgas Tunnel and
Aqueduct .
11 . The real and personal property rights referred to in
this Settlement Agreement and to be included in the aforesaid
Deed shall be conveyed subject to all other existing
restrictions, limitations, covenants, and liens of record.
12. The City does not guarantee the condition of the
property, nor does it assume any responsibility for the
conformance to codes or permit regulations of the city and/or
county in which the property is located. It is the District ' s
responsibility to determine all building, planning, and zoning
regulations relative to the property and the uses to which it can
be put. The property will be sold on an "as is" basis.
13 . As part of this Settlement Agreement, and to be
I
included in the aforesaid Deed, the District shall receive a
fifty (50) feet wide non-exclusive easement to be used for
roadway, ingress and egress, and utility purposes exclusively for
Hassler, for the use of the District and its constituents for the
6
public purposes for which Hassler is being acquired. Said
easement shall be described as Parcel Three in Exhibit "A"
attached hereto, and shall be at all times appurtenant to
Hassler.
14 . The easement rights described in Parcel Three in
Exhibit "A" attached hereto are made subject to the following
conditions, which shall be binding on the District ' s successors
and assigns :
(a) The City shall retain the right to enter the subject
easement areas for maintenance of existing pipelines or for
construction of additional pipelines . The City shall give
reasonable notice to the District or its successors and
assigns prior to such work, except in an emergency.
(b) The City reserves the right to maintain existing
pipelines and appurtenances and to install future pipelines
and appurtenances by the open trench method, provided that
the Districts roadway and easement shall be restored to the
same condition as it existed prior to excavation at the
City's expense.
(c) In the event the City interferes with (or with the
use of) Hassler ' s access road, the City will provide a
temporary right of way across adjacent City land for a
detour at no cost to the District . Upon the District ' s
written request, the City will provide the improvements for
the detour at the District ' s expense. At the District ' s
option, it may provide for the improvements for its own
7
detour. The General Manager and Chief Engineer of the
City' s Water Department ( "General Manager") will permit
reasonable use by Hassler of adjacent City land for such
temporary detours.
(d) All Hassler ' s utilities must be constructed no deeper
than four (4) feet below the ground surface. All utility
installations must be approved by the General Manager and
;
Chief Engineer of the City' s Water Department ( "General
Manager") prior to construction.
(e) No trees or tall-growing shrubs shall be planted
within said easement area. All landscape work must be
approved in writing in advance by the General Manager,
which consent shall not be unreasonably withheld.
(f) The District and its successors or assigns shall not
allow any utility, private party, or other., public agency to
install facilities within said easement without obtaining
the prior written consent of the General Manager, which
consent shall not be unreasonably withheld.
(g) Any improvements installed by the District or its
successors and assigns without prior written approval from
the General Manager which interefere with the maintenance
of the City' s existing pipelines and appurtenances, or the
construction of future City pipelines and appurtances,
shall be removed at the expense of the District or its
successors and assigns .
(h) Any improvements installed by the District or its
8
4
successors and assigns which were approved in advance by
the General Manager and which interfere with the
maintenance of the City' s existing pipelines and
appurtenances, or the construction of future City pipelines
and appurtenances, shall be removed and replaced at the
expense of the City.
(i) Vehicles and construction equipment traveling over
the surface of the easement shall be restricted to those
whose "axel loading" shall not exceed that "H-10" loading
standard set by the American Association of State Highway
Officials . Vehicles and construction equipment exceeding
the above restriction may use the easement provided that
the District or its successors and assigns construct, at
their own expense, pavement structures approved by the
General Manager that will transmit weight .-of vehicles and
equipment away from the City' s buried pipelines .
15. This Settlement Agreement, and each and every
provision herein, is contingent upon the release by Hyundai
America, Inc . and Yashima, Inc. of any right, title, or interest
which they have, or may claim, in Hassler pursuant to the Offer
to Purchase dated June 15, 1982 between Yashima, Inc. or Nominee
and the City, in substantially the form attached hereto as
Exhibit "B. " The deposit into escrow of such executed Release
shall be a condition precedent to the close of escrow for the
sale of Hassler by the City to the District under this Settlement
Agreement.
9
16. This Settlement Agreement shall constitute a full and
final settlement of that eminent domain action filed by the
District in the Superior Court of the County of San Mateo, Action
No. 261-189 on February 5, 1982. Upon the execution of this
Settlement Agreement, the District agrees to have the
above-referenced lawsuit dismissed with prejudice by entering
into and executing a request for dismissal with prejudice and
depositing same into escrow. Deposit into escrow of such
executed request for dismissal shall be a condition precedent to
the close of escrow for the sale of Hassler by the City to the
District under this Settlement Agreement . Upon the close of
escrow, the title company shall file the dismissal in the
Superior Court of San Mateo County and return file conformed
copies to counsel for the City and the District .
17 . Upon the close of escrow, the City and the District
shall be deemed to mutually release and discharge- each other from
any and all claims, demands, and causes of action which they now
have or in the future may have for damages or other relief
arising out of the facts alleged in San Mateo County Superior
Court Action No. 261-189, arising in connection with the
prosecution or defense of said action, and any and all claims,
demands, and causes of action arising out of the acquisition of
Hassler by the district.
18. The parties hereto understand and agree that this
settlement is a compromise of a disputed claim, and that this
settlement is not to be construed as an admission of liability or
10
fair market value on the part of any of the parties hereby
released.
19 . From and after close of escrow under this Settlement
Agreement, the District and its successors and assigns agree to
hold the City harmless and to indemnify the City from any and all
claims, law-suits, or causes of action arising out of, relating
to or incidental to use of the easement described as Parcel Three
in Exhibit "A" attached hereto by the District, its agents,
employees, or invitees (including the public) .
20 . From and after close of escrow under this Settlement
Agreement, the District and its successors and assigns agree to
hold the City harmless and to indemnify the City from any and all
claims, law-suits, or causes of action arising out of, relating
to, or incidental to the use by the District, its agents, or
employees, of the sewage discharge rights conveyed pursuant to
the aforesaid Deed attached hereto as Exhibit —"A. "
21 . The parties hereto further declare, represent, and
agree that no promise or agreement not herein expressed has been
made, and that this Settlement Agreement contains the entire
agreement between the parties hereto, that the terms of this
Settlement Agreement are contractual, and not a mere recital .
IN WITNESS WHEREOF, the parties hereto through their duly
authorized representatives have executed this Agreement the day
and year first above written.
CITY AND COUNTY OF MIDPENINSULA REGIONAL
SAN FRANCISCO, a OPEN SPACE DISTRICT
municipal corporation
By: GEORGE AGNOST
City Attorney
By By
Deputy City Attorney President, Board of Directors
Pursuant to the authority of
San Francisco Charter Section 3 . 401 and
Ordinance No.
2098d/cl
12
ti
D E E D
The CITY AND COUNTY OF SAN FRANCISCO, a municipal
corporation ( "City") , pursuant to Ordinance No. adopted
by its Board of Supervisors on , and approved by the
Mayor on , hereby grants, without warranty, to
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district
i
( "District" ) , the following described real property situated in
the unincorporated area of San Mateo County, State of California:
PARCEL ONE:
Beginning at a point in the boundary between lands of
Allis-Chalmers Manufacturing Company and lands now or formerly of
Mary B. Brittan, distant along said boundary, North 41 degrees 55
minutes West 1950 feet from an iron pipe monument at a fence
corner, marked by an old stake scribed "B-VIII" , which pipe marks
the most southerly corner of said lands of Mary B. Brittan and a
corner common to lands of Allis-Chalmers Manufacturing Company
and lands of City and County of San Francisco. Said point of
beginning is the most northerly corner of that certain tract of
land containing 58 . 56 acres, more or less, conveyed to City and
County of San Francisco by Allis-Chalmers Manufacturing Company,
by deed dated June 29, 1922, and recorded September 29, 1922, in
Book 53 of Official Records, page 179, San Mateo County Records.
Thence along the northwesterly boundary of said 58. 56 acre tract,
South 48 degrees 05 minutes West 650 feet; thence along the
southwesterly boundary of said 58. 56 acre tract, South 61 degrees
59 minutes 40 seconds East 1000 feet to a corner in said
boundary; thence continuing along said boundary, South 41 degrees
55 minutes East 700 feet to a corner in said boundary; thence
continuing along said boundary, South 26 degrees 24 minutes 20
seconds East 597.85 fee in t to a point in the center line of Whipple
Road; thence leaving said boundary of said 58. 56 acre tract,
South 25 degrees 44 minutes 20 seconds West 57. 06 feet to a point
in the southeasterly boundary of lands of Allis-Chalmers
Manufacturing Company, which point is marked by a cross (X)
chiseled in the top of the southeasterly concrete post of
concrete end wall of a culvert across Cordilleras Creek, said
EXHIBIT "A"
1
wr
post being located within the boundary lines of the county road
known as Whipple Road; thence running along said southeasterly
boundary and continuing across said Whipple Road, South 86
degrees 44 minutes West 33 . 15 feet to a point in the northerly
boundary of said road; thence continuing along said southeasterly
boundary as follows: South 83 degrees 00 minutes West 125 feet,
South 55 degrees 52 minutes West 238 feet to the northeasterly
corner of lands belonging (now or formerly) to Parkinson; thence
along the northwesterly boundary of said lands now or formerly
belonging to Parkinson, South 62 degrees 06 minutes West 312.2
feet to a point on the southerly bank of creek which point in the
most easterly corner of that certain tract of land containing 10
acres, conveyed to Libby A. Scheier by Allis-Chalmers
Manufacturing Company, by deed dated May 22, 1923, and recorded
June 1, 1923, in Book 78 of Official Records, page 196, San Mateo
County Records; thence along the boundaries of said 10 acre tract
North 53 degrees 19 minutes West 724 .31 feet to the most
northerly corner of said 10 acre tract; thence South 36 degrees
41 minutes West 677. 75 feet to the most westerly corner of said
10 acre tract; thence South 53 degrees 19 minutes East 628 . 55
feet to the most southerly corner of said 10 acre tract; thence
leaving said 10 acre tract and running along the southeasterly
boundary of lands of Allis-Chalmers Manufacturing Company South
39 degrees 13 minutes West 76. 82 feet to a point in center of
Creek; thence South 27 degrees 30 minutes West 330 feet to a
point on southerly bank of Creek and on the northerly line of Old
Whipple Mill Road; thence along said line of said Old Road South
31 degrees 05 minutes West 133 feet; South 66 degees 05 minutes
West 80 feet; South 53 degrees 45 minutes West 428 feet; South 52
degrees 40 minutes West 162 feet; South 59 degrees 25 minutes
West 214 feet; South 47 degrees 00 minutes West 275 feet to an
iron pipe monument on the northerly line of the Whipple Road as
now travelled; thence along the line dividing the lands of Spring
Valley Water Company and the lands of Allis-Chalmers
Manufacturing Company, North 36 degrees 22 minutes West 3732 .8
feet to an iron pipe monument and old post marked "B-3" , thence
South 56 degrees 00 minutes West 761 . 98 feet to an iron pipe
monument and old post marked "B-2" ; thence North 35 degrees 32
minutes West 291 . 67 feet to an iron pipe monument and old fence
post marked "B-1" , said point being the most westerly corner of
lands of Allis-Chalmers Manufacturing Company, thence on and
along the boundary fence line between the lands of Spring Valley
Water Company and the lands of Allis-Chalmers Manufacturing
Company, North 47 degrees 32 minutes East 1100 feet to an iron
monument marking the corner common to the lands of Spring Valley
Water Company, J. Phelps Estate and Allis-Chalmers Manufacturing
Company; thence on and along the boundary line between the lands
of J. Phelps Estate and Allis-Chalmers Manufacturing Company,
North 47 degrees 12 minutes East 2965 . 8 feet to an iron pipe
monument driven in corner of fence; thence along the boundary
between lands now or formerly of Mary B. Brittan and lands of
2
Allis-Chalmers Manufacturing Company, South 41 degrees 55 minutes
East 1987. 06 feet to the point of beginning.
EXCEPTING therefrom that portion of the county road known as
Whipple Road which lies within the boundary hereinabove
described, near the culvert hereinabove mentioned.
ALSO EXCEPTING therefrom that portion thereof described as
follows:
Beginning at an iron pipe monument and old post marked "B-3" , . set
in the northeasterly boundary line of that certain tract of land
containing 429 .20 acres conveyed by Frederick R. King, et ux, to
Spring Valley Water Company by deed dated December 19, 1906, and
recorded in the Office of the County Recorder of San Mateo
County, State of California, December 28, 1906, in Book 131 of
Deeds, page 200; said monument "B-3" , being also in the boundary
line of that certain tract of land containing 301 . 60 acres
conveyed by Allis-Chalmers Manufacturing Company to the City and
County of San Francisco, by deed dated March 12, 1924, and
recorded March 27, 1924, in said Recorder ' s Office in Book 110 of
Official Records, page 143, running thence along the boundary
line between said 429 . 20 acre tract and said 301 . 60 acre tract;
South 56 degrees 00 minutes West 761 .98 feet, to an iron pipe
monument and post marked "B-2" ; thence North 35 degrees 32
minutes West 291 . 67 feet; to an iron pipe monument and post
marked "B-1" , set in the southerly boundary line of that certain
972 . 66 acre tract conveyed to Spring Valley Water Company, W. F.
Chipman and the Union Trust Company of San Francisco, executors
of the last will of Josephine A. Phelps, deceased, dated June 4,
1918, and recorded in said Recorder ' s Office June 6, 1918, in
Book 272 of Deeds, page 356, thence along the boundary line
between said 972. 66 acre tract and said 301 . 60 acre tract North
47 degrees 32 minutes East 1100 . 00 feet to an iron monument;
thence leaving said last mentioned boundary line South 19 degrees
14 minutes East 213 . 70 feet; thence South 12 degrees 51 minutes
West 361 . 56 feet to the point of beginning.
FURTHER EXCEPTING therefrom that portion thereof described as
follows:
Beginning at a point in the boundary line between said 429 .20
acre tract and said 301 . 60 acre tract hereinabove referred to.
Distant thereon South 36 degrees 22 minutes East 2656 .27 feet,
from the point of beginning of said parcel hereinabove described,
running thence North 86 degrees 36 minutes East 718.82 feet;
thence South 18 degrees 59 minutes West 733 . 10 feet to said last
mentioned boundary line. Thence along said last mentioned
boundary line North 36 degrees 22 minutes West 807.96 feet to the
point of beginning.
3
PARCEL TWO:
Beginning at an iron pipe monument and old post marked "B-3" ,
in the northeasterly boundary line of that certain tract of 1,,
containing 429 .20 acres conveyed by Frederick R. King, et ux,
Spring Valley Water Company, by deed dated December 19, 1906 4
recorded in the Office of the County Recorder of San Mateo
County, State of California, December 28, 1906, in Book 131 a!,
Deeds, page 200, said monument "B-3" , being also in the bound.
line of that certain tract of land containing 301 . 60 acres,
conveyed by Allis-Chalmers Manufacturing Company to the City 4
County of San Francisco by deed dated March 12, 1924 , and
recorded March 27, 1924, in said Recorder ' s Office in Book ilk
Official Records, page 143, running thence along the boundary,
line between said 429 . 20 acre tract and said 301 . 60 acre tract
South 36 degrees 22 minutes East 2656 .27 feet; thence leaving"
said last mentioned boundary line South 86 degrees 36 minutes
West 84. 72 feet; thence North 47 degrees 45 minutes West 709 ."
feet; thence North 48 degrees 34 minutes West 1018 . 77 feet;
thence North 11 degrees 29 minutes West 1013 . 16 feet to the pt
of beginning.
EXCEPTING from Parcels One and Two, above that portion thereof
described in Final Order of Condemnation filed October 17, 197
in Case No. 157869, entitled The People of the State of
California, Acting By and Through the Department of Public Woo
Plaintiff, vs . City and County of San Francisco, a municipal
Corporation, et al . , Defendants, recorded October 17, 1972 in
Book 6252, page 550 Official Records, Series No. 68435-AF.
Assessor ' s Parcel No. : 050-470-070; 050-470-080
RESERVING from said Parcel One above, that certain 60 ' wide
easement recorded July 20, 1922 in Book 52 at Page 179, Offict
Records of San Mateo County, for the Las Pulgas Tunnel and
Aqueduct.
PARCEL THREE:
A non-exclusive easement for roadway and utility purposes for
use of the District and its constituents for the public purpo
for which Parcels One and Two above are being acquired, to be
all times appurtenant to Parcels One and Two above, and to be
used exclusively for ingress and egress to Parcels One and Twc
above, said easement being 50 feet wide, 25 feet on either si*
of a centerline within a portion of Parcel 2185(111) of the C
and County of San Francisco pipeline right of way as conveyed�
Allis-Chalmers Manufacturing Company by deed recorded July 20,
1922 in Book 46 of Official Records of San Mateo County, Page
213; centerline of said easement more particularly described E
4
follows:
Beginning at the intersection of the centerline of the existing
paved road and the southwesterly boundary of aforesaid Parcel III
lying y g S515940"E, 113 feet from the northwest corner of Parcel
III marked by an iron pipe monument, thence running northeasterly
along on arc length 108 . 56 feet, subtended by a long chord of 108
feet, bearing N31026 ' 14"E, with a radius of 308 feet and a
central angle of 20011 ' 40" ; thence northeasterly along an arc
length 129. 71 feet, subtended by a long chord of 122 feet,
bearing N76004 ' 44"E, with a radius of 107 . 57 feet and a central
angle of 69005 ' 20" ; thence southeasterly along an arc length
151 . 94 feet, subtended by a long chord of 151 feet, bearing
S58018 '36"E, with a radius of 393 .33 feet, and a central angle of
22°08 ' to a point designated "5." , thence S47014 '36"E, 542
feet; thence S52011 '36"E, 371 feet, thence S45003 '36"E, 363 feet;
thence S31049 '36"E, 509 feet; thence S46011 '36"E, 220 feet to a
point on the northerly line of Edmonds Road; and the terminus of
the centerline of easement, said terminus lying 445 feet south
2019 '28" west of an iron pipe monument marking the angle point in
the northeasterly boundary of aforesaid Parcel III further
identified therein as ""marked by an old stake scribed "B-VIII" ,
being the most southerly corner of said lands of Mary B. Brittan.
The easement rights described in Parcel Three above, are
made subject to the following conditions :
(a) The City shall retain the *right to enter the subject
easement areas for maintenance of existing pipelines or for
construction of additional pipelines. The City shall give
reasonable notice to the District or its successors and
assigns prior to such work, except in an emergency.
(b) The City reserves the right to maintain existing
pipelines and appurtenances and to install future pipelines
and appurtenances by the open trench method, provided that
the Districts roadway and easement shall be restored to the
same condition as it existed prior to excavation at the
City' s expense.
(c) In the event the City interferes with (or with the
5
Y
use of) the access road described above as Parcel Three,
the City will provide a temporary right of way across
adjacent City land for a detour at no cost to the District .
Upon the District' s written request, the City will provide
the improvements for a detour at the District ' s expense.
At the District ' s option, it may provide for the
improvements for its own detour. The General Manager and
Chief Engineer of the City' s Water Department ("General
Manager" ) will permit reasonable use by Parcels One and Two
of adjacent City land for such temporary detours.
(d) All utilities for Parcels One and Two must be
constructed no deeper than four (4) feet below the ground
surface. All utility installations must be approved by the
General Manager and Chief Engineer of the City' s Water
Department ( "General Manager") prior to cgnstruction.
(e) No trees or tall-growing shrubs shall be planted
within said easement area. All landscape work must be
approved in writing in advance by the General Manager,
which consent shall not be unreasonably withheld.
(f) The District and its successors or assigns shall not
allow any utility, private party, or other public agency to
install facilities within said easement without obtaining
the prior written consent of the General Manager, which
consent shall not be unreasonably withheld.
(g) Any improvements installed by the District or its
successors and assigns without prior written approval from
6
the General Manager which interefere with the maintenance
of the City' s existing pipelines and appurtenances, or the
construction of future City pipelines and appurtances,
shall be removed at the expense of the District or its
successors and assigns.
(h) Any improvements installed by the District or its
successors and assigns which were approved in advance by
t the General Manager and which interfere with the
maintenance of the City's existing pipelines and
appurtenances, or the construction of future City pipelines
and appurtenances, shall be removed and replaced at the
expense of the City.
(i) Vehicles and construction equipment traveling over
the surface of the easement shall be restricted to those
whose "axel loading" shall not exceed that: "H-10" loading
standard set by the American Association of State Highway
Officials. Vehicles and construction equipment exceeding
the above restriction may use the easement provided that
the District or its successors and assigns construct, at
their own expense, pavement structures approved by the
General Manager that will transmit weight of vehicles and
equipment away from the City' s buried pipelines.
i
THE CITY also transfers to the District the right of the
City to discharge 80,000 gallons of sewage per day of the City' s
right to discharge 440,000 gallons sewage per day into the
i
7
Hassler Health Home Sewer Line ( "Hassler Line" ) as the City' s
right is defined in that certain Agreement dated July 22, 1958
and made among the City and County of San Francisco, County of
San Mateo, City of San Carlos, City of Belmont, Scenic Heights
County Sanitation District, and Emerald Lake Sewer Maintenance
District ( "1958 Agreement") . However, the City does not warrant
any sewer treatment capacity in the South Bayside System
Authority sewage treatment plant . The City hereby reserves any
remaining rights of the City to discharge sewage into the Hassler
Line under the 1958 Agreement to itself in the amount of 360,000
gallons per day. Said right to discharge up to 80, 000 gallons of
sewage per day conveyed to the District may only be used for the
benefit of Parcels One and Two, above, and shall at all times be
I
appurtenant to, and shall run with, Parcels One and Two. The
City does not warrant any sewage discharge rights herein referred
to or conveyed in this Deed.
THE DISTRICT hereby agrees, covenants, and promises that
Parcels One, Two, and Three above ( "Hassler" ) shall be used
exclusively for public park, open space, and/or public
recreational purposes. Accordingly, the District will dedicate
Hassler to such
purposes ur pursuant to Section 5540 of the Public
P P
Resources Code. The District further agrees, covenants, and
promises that it shall not lease Hassler, except for any purpose
for which the power of eminent domain could be exercised, for a
period of ten (10) years from the date of recordation of this
Deed. In the event that the District sells, transfers, or
8
conveys Hassler, or any portion thereof, to any person or entity,
public or private, for any purpose other than public park, open
space, and/or public recreational purposes within ten 1101 years
of the date of recordation of this Deed, the District will pay to
the City its profit on such sale, transfer, or conveyance. The
amount of such profit to be paid to the City shall be the
difference between the price obtained by the District as a result
of such sale, transfer, or conveyance and the price the District
paid to the City to purchase Hassler, or the portion thereof
being sold, plus an imputed return on such last mentioned
amount. The imputed return shall be calculated as follows : The
purchase price paid by the District shall be deemed to have
accrued interest, compounded annually, for the period from the
recordation of this Deed until the date of the recordation of a
deed pursuant to such sale, transfer, or conveyance by the
District at a rate measured by the average annual rate of return
actually earned by the District for the investment of all of its
cash funds for the period between the recordation of this Deed
and the recordation of the District ' s deed to its purchaser . In
the event that the District shall sell, transfer, or convey only
a portion of Hassler, the price the District paid to the City to
purchase that portion of Hassler shall be determined by
multiplying the total price paid to the City by the District by a
fraction the numerator of which shall be the number of acres in
the portion of Hassler then being sold, transferred, or conveyed
and the denominator of which shall be the total number of acres
9
in Hassler as sold by the City to the District. At the end of
said ten (10) year period, and upon written request of the
District, the City shall provide, at no. cost to the District, a
quitclaim deed to eliminate this provision as an encumbrance to
Hassler .
IN WITNESS WHEREOF, the City has executed this conveyance
this day of 1983 .
APPROVED: CITY AND COUNTY OF SAN
FRANCISCO, a municipal
corporation
Director of Property Mayor
FORM APPROVED:
GEORGE AGNOST, City Attorney
Clerk, Board of Supervisors
By
Deputy City Attorney
DESCRIPTION CHECKED
2104d/cl
10
RELEASE
WHEREAS:
(1) HYUNDAI AMERICA, INC. and YASHIMA, INC. ( "Offerors") ��
have executed an Offer to Purchase dated June 15, 1982 for the
purchase from the City and County of San Francisco ("City" ) of
the real property and sewage discharge rights described in
Exhibits "l" and "2" attached hereto (hereinafter referred to as
"Hassler") :
(2) Said Offer to Purchase provides that Offerors would
deliver to the City a deposit in the sum of $350,000 toward
purchase of Hassler, which deposit was in fact transferred to the
City;
I
(3) Said Offer to Purchase, in the Third and Sixth
Paragraphs and in Sections 1 and 3 thereof, provides that
Offerors had a right and would be obligated to',purchase Hassler
only in the event that the Midpeninsula Regional Open Space
District ( "District" ) refused or failed to acquire Hassler in the
E
course of its eminent domain action against the City, San Mateo
County Superior Court No. 261-189;
(4) - The District has acquired or will acquire Hassler in
Action No. 261-189 pursuant to the terms of a Settlement
Agreement, settling the aforesaid litigation between the District
and the City;
EXHIBIT "B"
1
WHEREFORE:
- - i
in consideration of the return of the Offeror ' s deposit in-,
_j.
the sum of $350, 000 . 00, and in accordance with the terms of the
aforesaid Offer to Purchase, Offerors hereby release the City and
Midpeninsula from all claims arising out of this transaction and
quitclaim any and all right, title, and interest in and to the
A real property and sewage rights described in Exhibits "i" and "2"
attached hereto.
HYUNDAI AMERICA, INC.
k
Dated: By
YASHIMA, INC.
Dated: By
t
2121d/cl
i
2
..
ALL THAT certain property located in the -inincorporated area of
San Mateo County, State of California, and more particularly described
as follows: _
PARCEL ONE:
BEGINNING AT A POINT IN THE BOUNDARY BETWEEN LANDS OF ALLIS-CHALMERS
MANUFACTURING COMPANY AND LANDS NOW OR FORMERLY OF MARY B. r-R I TTA.N,
DISTANT ALOt'G SAID BOUNDARY, NORTH 41 DEGREES BD MINUTES WEST 1950 FEET
FROM AN IRON PIPE MONUMENT AT A FENCE CORNER, HARKED EY AN OLD STAKE
SCRIBED "B-VIII", WHICH PIPE MARKS THE MOST SOUTHERLY CORNER OF SAID
LANDS OF MARY B. BRITTAN AND A CORNER COMMON TO LANDS OF ALLIS-CHALMERS .
MANUFACTURING COMPANY AND LANDS OF CITY AND COUNTY OF SAN FRANCISCO.
SAID POINT OF BEGINNING IS THE MOST NORTHERLY CORNER OF THAT CERTAIN
TRACT OF LAND CONTAINING 58. 56 ACRES, MORE Oil LESS, CONVEYED TO CITY AND
COUNTY OF SAN FRANCISCO BY ALLIS-CHALMERS MANUFACTURINj) COMPANY. BY DEED
DATED JUNE 29, 1922, AND RECORDED SEPTEMBER 29, 1922, IN BOOK 53 OF
OFFICIAL RECORDS. PAGE 179, SAN MATEO COUNTY RECORDS. THENCE ALONG THE
BOUNDARY
NORTHWESTERLY A 8 DRY OF SAID 58.6 Sb ACRE TRACT, SOUTH
DU H 48 DEG
REES
EES 05
MINUTES WEST 650 FEET] THENCE ALONG THE BOUTH14ESTERLY BOUNDARY OF SAID
58. 56 ACRE TRACT, SOUTH 61 DEGREES 59 MINUTES 40 SECONDS EAST 1000 FEET
TO A CORNER IN SAID•BOUNDARYj THENCE CONTINUING ALONG SAID BOUNDARY.
SOUTH 41 DEGREES 55 MINUTES EAST 700 FEET TO A CORNER IN SAID EOVNDARYt
THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 26 DEGREES 24 MINUTES 20
SECONDS EAST 597. B3 FEET TO A POINT IN THE CENTER LIME OF WHIPPLE ROADt
THENCE LEAVING SAID BOUNDARY OF SAID 58. 56 ACRE TRACT, SOUTH 25 DEGREES
44 MINUTES 20 SECONDS WEST 57.06 FEET TO A POINT IN TIfE SOUTHEASTERLY
BOUNDARY OF LANDS OF ALLIS-CHALMERS JIANVFCTURING COMPANY, WHICH POINT IS
MARKED ICY A CROSS (X) CHISELED IN THE TOP OF THE SOUTHEASTERLY CONCRETE
POST OF CONCRETE END WALL OF A CULVERT ACROSS CORDILLERAS CROCK, SAID
POST EEING LOCATED WITHIN THE BOVND*ARY LINES OF THE CAVNTY FORD KNmm AS
WHIPPLE ROAD] THENCE RUNNING ALONG SAID SCUTHI:'ASTERLY GOUNDARY AND
CONTAKVING ACROSS SAID WHIPPLE ROAD, SOUTI! 86 DEGREES 44 MINUTES WEST
33. 15 FEET TO A POINT IN THE NORTHERLY BOUNDARY OF SAID ROAD. THENCE
CONT!NVINQ ALONG SAID SOUTHEASTERLY BOV°:DARY AS FOLLOWS: SOUTH 83
DEGREES 00 MINUTES WEST 125 FEETt SOUTH 99 DEGREES 52 MINUTES WEST 23q
FEET TO THE NORTHEASTERLY CORNER OF LANDS BELONGING (NOW OR FORm_mnL.Y) -TO
P¢RKINSONi THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID- LANDS NO;,I OZ
FORMERLY BELONGING TO PARKINSON, SOUTH 62 DEGREES 06 MINUTES NEST 312. 2
EXHIBIT I
• f
FEET TO A POINT ON THE SOUTHERLY BANK OF CREEK WHICH POINT IN THE MOST
EASTERLY CORNER OF THAT CERTAIN TRACT OF LAND CONTAINING 10 ACRES,
CONVEYED TO LIBBY A. SCHEIER BY ALLIS—CHALr=—RS MANUFACTURING COMPANY,
BY DEED- DATED-MAY 22, 1923, AND RECORDED JUKE 1, 1923, IN BOOK 79 OF
OFFICIAL RECORDS, PAGE 196, SAN MATEO COUNTYREEB 19# THENCE MINUTES WE$TOT2H4E 1
. BOUNDARIES OF SAID 10 ACRE TRACT NORTH 53 DE
GREES
FEET TO THE MOST NORTHERLY CORNER OF SAID 10 ACRE TRACTs THENCE SOUTH
&t '
DEGREES 41 MINUTES WEST 677.75 FEET TO THE MOST WESTERLY CORNER OF
EAST
28- 55
10 ACRE TRACT# THENCE SOUTH 53 DEGREES
TRACTESTHENCE6LEAVINAESAiD010
THE MOST SOUTHERLY CORNER OF SAID 10
ACRE TRACT AND RUNNING ALONG THE SOUTHEASTERLY BOUNDARY OF LANDS OF
ALLIS—CHALMERS MANUFACTURING COMPANY SOUTH 39 DEGREES 13 MINUTES WEST
76. 82 FEET TO A POINT IN CENTER OF CREEK# Th-SNCE SOUTH 27 DEGREES 30
MINUTES WEST 330 FEET TO A POINT ON SOUTHERLY BANK OF CREEK AND ON THE
NORTHERLY LINE OF OLD WHIPPLE MILL ROADS THENCE ALONG SAID LINE OF SAID
OLD ROAD SOUTH 31 DEGREES OS MINUTES WEST 139 FEET; SOUTH 66 DEGREES OS
MINUTES WEST 80 FEET) SOUTH 53 DEGREES 45 Mil3UTE5 WEST 428 FEET; SOUTH
52 DEGREES 40 MINUTES WEST 162 FEET# SOUTH 34 DEOREES 23 MINUTES WEST
214 FEET# SOUTH 47 DEGREES 00 MINUTES WEST 275 FEET TO AN IRON PIPE
MONUMENT ON THE NORTHERLY LINE OF THE WHIPPLE ROAD AS NOW TRAVELLED;
THENCE ALONG THE LINE DIVIDING THE LANDS OF SPRING VALLEY WATER COt ANY
AND THE LANDS OF ALLIS—CHALMERS MANUFACTURING COMPANY, NORTH 36 DEGREES
22 MINUTES WEST 3732.8 FEET TO AN IRON PIPE MONUMENT AND OLD POST MARKED
"B-3", THENCE SOUTH 56 DEGREES 00 MINUTES WEST 761.98 FEET TO AN IRON
PIPE MONUMENT AND OLD POST MARKED "B-2"# THENCE NORTH 35 DEGREES 32
MINUTES WEST 291.67 FEET- To AN IRON PIPE MQ;*,eJMENT AND OLD FENCE POST
MARKED "B-1", SAID POINT BEING THE MOST WESTERLY CORNER OF LANDS OF
ALLIS-CHALMERS MANUFACTURING COMPANY, THENCE ON AND ALONG THE BOUNDARY
FENCE LINE BETWEEN THE LANDS OF SPRING VAt-LEY WATER COMPANY AND THE
LANDS OF ALLIS—CHALMERS MANUFACTURING CPMPAtiY, NORTH 47 DEGREES 32
MINUTES EAST 1100 FEET TO AN IRON MONUMENT MARKING THE CORNER COMMON TO
THE LANDS OF SPRING VALLEY WATER COMPANY, J. PHELPS ESTATE AND
ALLIS-CHALMERS MANUFACTURING COMPANY# THENCE ON AND ALONG THE BOUNDARY
LINE BETWEEN THE LANDS OF J. 7HDEOREESTI2E AND!'INttTESLEASTH2965R8 FEET ?O
MANUFACTURING COMPANY, NORTH 4
AL
ONG THE
THENCE
AN IRON PIPE MONUMENT DRIVEN IN CORNER OF FENCE# THE
BOUNDARY BETWEEN LANDS NOW OR FORMERLY OF MARY B. BRITTAN AND LANDS OF
ALLIS—CHALMERS MANUFACTURING COMPANY. SOUTH 41 DEGREES 59 MINUTES EAST
1987,06 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF .THE COUNTY ROAD KMOWN AS WHIPPLE
ROAD WHICH LIES WITHIN THE BOUNDARY HERE UlA30VE DESCRIBED. NEAR THE
CULVERT H EREINABOVE MENTIONED.
ALSO EXCEPTING THEREFROM THAT PORTION THERECF DESCRIBED AS FOLLOWS:
BEGINNIN3 AT. AN IRON PIPE MONVNENT AND OLDNPOST
MARKED
T OF "B CONTAINING TKE
NPRTHEASTERLY BOUNDARY LINE OF T
429.20 ACRES CONVEYED BY FREDERICK R. KINO, ET UX, TO SPRING VALLEY
DATER COMPANY BY DEED DATED DECEMBER 198 1906, AND RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA,
DECEMBER 28, 1906, IN BOOK 131 OF DEEDS, PA 200# SAID MONUMENT "B-3",
BEING ALSO IN THE BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND CONTAINING
301. 60 ACRES CONVEYED BY AL.LIS—CHALMERS MANUFACTURING COMPANY TO THE
CITY AND COUNTY OF SAN FRANCISCO# BY DEED DATED MARCH 12, 1924s AND
RECORDED MARCH 27, 1924, IN SAID RECORDER'S OFFICE IN BOOK 110 OF
OFFICIAL RECORDS, PAGE 143, RUNNING THENCE ALONG THE BOUNDARY LINE
BETWEEN SAID 429.20 ACRE TRACT AND SAID 301.60 ACRE TRACT] SOUTH 36
DEGREES 00 MINUTES WEST 761,98 FEET, TO AN IRON PIPE MONUMENT AND PTO
MARKED "B-2"s THENCE NORTH 35 DEGREES 32 MINUTES WEST 291. 67 FEETt 70 �1P1
IRON PIPE MONUMENT AND POST MARKED "8-1"• SET IN THE SOUTHERLY BOUNDARY;
LINE OF THAT CERTAIN 972.66 ACRE TRACT CONVEYED TO SPRING VALLEY WATER
COMPANY W.F. CHIPMAN AND THE UNION TRUST CC',(PANY OF SAN FRANCISCO,
EXECUTORS OF THE LAST WILL OF JOSEPHINE A. PHELPS, DECEASED, DATED JUNE
4, 1918s AND RECORDED IN SAID RECORDER'S OFFICE JUKE 6, 1918, IN BOOK
272 OF DEEDS, PAGE 336, THENCE ALONG THE BOtSDARY LINE BETWEEN SAID
972. 66 ACRE TRACT AND SAID 301. 60 ACRE TRACT NORTH 47 DEGREES 32 MINUTES
EAST 1100. 00 FEET TO AN IRON MONUMENT# THENCE LEAVING SAID LAST
MENTIONED BOUNDARY LINE SOUTH 19 DEGREES 14 MINUTES EAST 213. 70 FEETi
THENCE SOUTH 12 DEGREES 51 MINUTES WEST 361. 36 FEET TO THE POINT OF
BEGINNING.
FURTHER EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE BOUNDARY LINE
BETWEEN SAID 429. 20 ACRE TRACT
AND SAID 301. 60 ACRE TRACT HEREINABOVE REFERRED T0. DISTANT TFiEREO.V
SOUTH 36 DEGREES 22 MINUTES EAST 2656,27 FEET, FROM THE POINT OF
BEGINNING OF SAID PARCEL HEREINABOVE DESCRIBED, PUNNING THENCE NORTH 86
DEGREES 36 MINUTES EAST 718.82 FEET] THENCE SOUTH IS DEGREES 99 MINUTES
WEST 733. 10 FEET TO SAID LAST MENTIONED BOUNDARY LINE. THENCE ALONO
LINE BOUNDARY NORTH 36 DEGREES 22 MINUTES WEST
SAID LA
ST MENTIONED
807.96 FEET TO THE POINT OF BEGINNING.
PARCEL TWO:
BEGIN
NING A7 A IR
ON RON PIPE
MONUMENT AND OLD POST MARKED "B-3", SET IN THE
NORTHEASTERLY BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND CONTAINIP40
. 429. 20 ACRES CONVEYED BY FREDERICK R. KING, ET UX. TO SPRING VALLEY
DECEMBER i9, i906 AND RE
CORDED IN THE
Y DEED DATED
COMPANY, 8 D
WATER CO OF CALIFORNIA,
OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE
" w
NUMEN — ,
OF ED , PACE 200,
SA
ID MC T H 3
D ECEMBER 28, i90b. IN BOOK 1 31 OE 3
BEIN
G AL
SO IN THE BOUNDARY LINE OF THAT CERTAIN TRACT
OF LA
ND CONTAINING
301, 60 ACRES, CONVEYED BY ALLIS--CHALMERS MANUFACTURING COMPANY TO THE
CITY AND COUNTY .OF SAN FRANCISCO BY DEED DATED MARCH 12, 1924, AND
RECORDED MARCH 27, 1924, IN SAID RECORDER'S OFFICE IN BOOM 110 O
OFFICIAL RECORDS, PAGE 143, RUNNING THENCE ALONG THE BOUNDARY LINE
BETWEEN SAID 429.20 ACRE TRACT AND SAID 301. 60 ACRE TRACT SOUTH 36
DEGREES 22 MINUTES EAST 2686. 27 FEET) THENCE LEAVING SAID LAST MENTIONED
BOUNDARY LINE SOUTH 06 DEGREES 36 MINUTES WEST 84. 72 FEETi THENCE NORTH
47 DEGREES 45 MINUTES WEST 709. 18 FEETs THENCE NORTH 49 DECREES 3.3
MINUTES WEST 1018. 77 FEET# THENCE NORTH 11 DEGREES 29 MINUTES WEST
1013. 16 FEET TO THE POINT OF BEGINNING. -
EkCEPTING FROM PARCELS ONE AND TWO. ABOVE THAT PORTION THEREOF AS
DESCRIBED IN FINAL ORDER OF CONDEMNATION FILED OCTOBER 17, 1972, IN CASE
NO. 157869, ENTITLED THE PEOPLE OF THE STATE OF CALIFORNIA* ACTING BY
AND THROUGH THE DEPARTMZNT OF PUBLIC WORKS, PLAINTIFF, VS, CITY AND
COUNTY QF SAN. FRANCISCO, A MUNICIPAL CORPORATION, ET AL. , DEFENDANTS.
RECORDED OCTOBER 17, 1972 IN BOOK 6252# PACE 550 OFFICIAL RECORDS, -
SERIES NO. 68433-AF. - '
ASSESSOR'S PARCEL NO. : 050-470-070; 050-470-080
RESERVING from said Parcel 1 above, that certain 60' wide easement
recorded July 20, 1922 in Book 52 at Page 179, Official Records of San
Mateo County, for the Las Pulgas Tunnel and Aqueduct.
PARCEL THREE:
A roadway and utilities easement 40 feet wide, 20 feet on either
side of a centerline within a portion of Parcel 2185 (III) of the
City and County of San Francisco pipeline right of way as con-
veyed by Allis Chalmers Manufacturing Ccmpany by deed recorded
July 20, 1922 in Book 46 of Official Re-cons of San Mateo County,
Page 213; centerline of said easement more particularly described
as follc:as:
Beginning at the intersection of the centerline of the
existing paved road and the southwesterly boundary of
aforesaid Parcel III lying S51059' 40"E, 113 feet from
the northwest corner of Parcel III marked by an iron
pipe monument, thence running northeasterly along on
arc length 108. 56 feet, subtended by a long chord of
108 feet, bearing N31026114"E, with a radius of 308
feet and a central angle of 20011' 40"; thence north-
easterly along an arc length 129.71 feet, subtended
by a long chord of 122 feet, bearing 2:76004144"E, with
a radius of 107.57 feet and' a centZ al angle of 69°05120" ;
thence southeasterly along an arc length 151.94 feet,
subtended by a long chord of 151 feet, bearing S58°18'
36"E, with a radius of 393.33 feet, and a central angle
of 22008' to a point designated "52", thence S47°14 '35"E,542
feet; thence S52°11136"E, 371 feet, thence S45°03' 36"E,
363 feet; thence S31°49 ' 36"E, 509 feet; thence S46°11'
• 36"E, 220 feet to a point on the northerly line of
Edmonds Road; and the terminus of the centerline of
easement, said terminus lying 445 fee: south 2°19' 28" t
west of an iron pipe monument marking the angle point
in the northeasterly boundary of aforesaid Parcel III
further identified therein as ""narkei by an old stake
scribed "B-VIII" , being the most southerly corner of
said lands of Mary B. Brittan. .
J
The easement rights described in Parcel 3 above, are made subject to
the following conditions:
A) City shall retain the right to enter the subject easement -,
areas for maintenance of existing pipelines or for construe- JL
s it shall give reasonable
al pipelines. C
tion of addition p p y 9 -„
notice to the Grantee prior to such worst, except in an
emergency.
B) City reserves the right to maintain existing pipelines
and appurtenances and to install future pipelines and
appurtenances by the open trench method.
C) In the event City's excavation cuts off Grantee's road,
Grantee shall provide his own detour. City will permit
Grantee's use of adjacent City land for such temporary
detours.
D) Grantee's use of easement for his underground utilities
shall be subject to this restriction. Such utilities must
be constructed no deeper than four (4) feet below the ground
surface; and with the further requirement that such utility
installations must be approved by the City prior to con-
struction, which approval shall not be unreasonably withheld.
E) Grantee and its successors or assigns shall not allow any
utility, private party, or other public agency to install
facilities within the area being conveyed without obtaining
the prior written consent of the City, which consent shall
not be unreasonably withheld.
F) Grantee shall not plant trees within the area covered herein.
All other landscape work must be approved by the City.
G) Any improvements installed by Grantee which interfere with
the maintenance of City's existing pipelines and appurte-
nances, or the construction of future City pipelines and
appurtena
nces,
des sha
ll be removed and replaced at the expense
se
of Grantee.
construction equipment E) Vehicles and Q Pment traveling over the sur-
face of the easement shall be restricted to those whose
"axle loading" shall not exceed that "E-10" loading standard
set by the American Association of State Highway Officials.
Vehicles and construction equipment exceeding the above
restriction may use the easement provided Grantee construct, i
at his own expense, pavement structures approved by the City,
that will transmit weight of vehicles and equipment away from
City's buried pipelines. _
I
• i:
1y
I
The San Francisco City Attorney's office has advised that
San Francisco owns an easement in the Hassler Sewer System
to place up to 4408000 gallons per day into this sewer
system.
San Francisco is selling the Hassler property together with
80,000 gallons per day of the 440,000 gallon per day ease-
ment. The remaining 360,000 gallons per day will be reserved
to the City and County of San Francisco.
City does not warrantee any sewer treatment capacity in the
South Bayside System Authority. However, City will assign
any treatment rights under the 1958 Agreement made among City
and County of San Francisco, San Mateo County, San Carlos,
Belmont, Scenic Heights, and Emerald Lake up to the amount of
80,000 gallons per day. City hereby reserves the remaining j
treatment rights to itself in the amount of 360,000 gallons
per day.
! it
EXHIBIT c .
•} Exhibit B - Initia_ tudy for Use and Manageme Plan for the
Hassler Open Space Preserve,. Including Demolition Project
PART I
A. Name, location, and brief description of project:
See attachment, page 1
B. A Description of the environmental setting:
See attachment, page 1
C. The project isaowt compatible with existing zoning and
general plans. If not, please explain below,
D. For identification environmental effects, see attached
checklist. (PART II)
E. For a discussion of any potential significant effects and
ways to mitigate them, if any, see attached sheets.
F. Recommended Action:
X Negative Declaration Environmental Impact Report
G. Persons who prepared this Initial Study: Del Woods, Alice Watt
Date: 1`'ay 5 , 1983
H. Name and Address of proponent: Midpeninsula Reg. Open Space District
375 Distel Circle, Suite D-1 , Los Altos, CA 94022
Appendix C (Q6 Page two
PART II
Identification of Environmental Impacts: (Explanations of "yes"
and "maybe" answers are included on attached sheets)
1. Geology. Will the project: YES MAYBE NO
a. result in an increase in wind
or water erosion of soils,
either on or off site? X
b. be located on or adjacent to
a known earthquake fault? X
C. disrupt the soil causing
substantial erosion, silta-
tion or land sliding. X
d. cause destruction or modif-
ication of any unique geologic
feature? X
2. Water. Will the project:
a. be located in a known flood
plain? X
b. involve alteration(s) of a
streamcourse or body of
surface water?
C. change the quantity of ground
waters either through- direct
additions or withdrawals, or
through interception of an
acquifer by cuts or excava-
tions? X
d. change- absorption rates,
drainage patterns, or the
rate and amount of surface
water runoff? X
e. involve discharge into; or
alteration of, any surface
water resulting in reduced
water quality, including
but not limited to,
increased turbidity or
dissolved oxygen? X
3. Air. Will the project result in:
a. substantially increased air
emissions or deterioration of
ambient air quality? X
Page _nree
Appendix C (cont.)
YES MAYBE NO
b. the creation of objectionable
odors? X
C. alteration of air movement,
moisture or temperature, or
any change in local or re- X
gional climate?
d. the creation of dust ,smoke
or fumes or the application
of potentially hazardous ma-
terials such as herbicides or
pesticides? X
4. Plant and Animal Life. Will the
project:
a. result in the removal or dis-
turbance of any rare or endangered
plant or animal? X
b. reduce the acreage of any ag-
ricultural crop? IX
C. result in the removal of
substantial amounts of X
vegetation?
d. alter the ecological balance
of an environment unit,
either on or off site? X
e. significantly affect a breeding,
feeding, or Nesting area? X
f. change the diversity or numbers
of any species of plant or
animal? X
5. Natural Resources. Will the project :
a. involve the removal or depletion
of on-site rock, sand,
gravel, trees, oil or minerals? _ vim
6. Permit Application. Will the project:
a. require the approval of any
federal, state, regional or
local agency or district?
If yes, list below: X
Dem, lition permit required from San Mateo County Building Dept.
Notify San Francisco Water Dept. of any Work adjacent to the Hassler Health How
7 . Noise. Will the project: aqueduct'
a. increase ambient noise levels,
either on or off-site? X
Page four
Appendix C (cont.)
8. Circulation/Traffic. Will the project: YES MAYBE NO
a. generate substantial additional
traffic in the area? X
b. generate the use of off-road
vehicles of any kind excepting
ranger patrol vehicles? X
C. require alterations to present
circulation patterns? X
d. have substantial impact on
existing road systems? X
e. affect existing parking facilities
or create a demand for new parking
facilities? X
f. increase traffic hazards
for motor vehicles? bicyclists
pedestrians? x
9. Public Services. Will the project:
a. substantially affect a public water
supply or sewage disposal system? X
b. result in a need for increased
fire or police protection? X
C. cause groundwater pollution
as a result of new septic
systems? __X _._
d. require the expansion or extension
of any public utility? X
e. require any public service currently
operating at or near capacity? X
10. Energy. Will the project:
a. cause the use of substantial amounts
of fuel or energy? X
11. Land Use. Will the project:
a. result in substantial land use changes
that would adversely affect the
population either on or off site? X
_ b. serve to encourage development of
presently undeveloped areas, or
increase development intensity of
already developed areas? X
C. vary from adopted,-and com
munity
Y
or county policy. X
'age five
Appendix C (cont. )
YES MAYBE No
d. involve lands currently protected
under the Williamson Act or an open
space easement? X
12. Sociocultural. Will the project:
a. result in an alteration of an
historic, archeological or
paleontological site, structure,
object? X
b. require the relocation of people
or businesses currently on site?
c. obstruct scenic views or create
an esthetically offensive site? X
Potential Significant Effects* and Mitigation Measures
No significant, unavoidable adverse impacts would result from the completed
project. Impacts related to demolition and disposal activities would be
temporary and were considered not to be significant. These temporary
effects include increased noise levels attributable to demolition
equipment, increased energy consumption for demolition and disposal,
and increased erosion by wind and water from exposed site- surfaces prior
to revegetation. The primary, long term effect of the project would
be the removal of the Health Home buildings (approximately 120, 000
square feet of land covdrage) which have been found to have no eco-
nomically feasible recreational value.
Mandatory Findings of Significance all listed in Section 15002
and Appendix G of the State Guidelines.
Page 1
PART I
A. Name, location, and brief description of project:
The Hassler Health Home property is located in unincorporated San
Mateo County adjacent to the eastern boundary of the City of San
Carlos . It occupies 293 acres at the northeast corner of the 1280/
Edgewood Road interchange.
This project proposes the demolition of the Hassler Health Home
buildings and establishment of an open space preserve on the property.
Two buildings may be retained for recreational use if feasible.
Public access to the property is proposed near the parking area at
the intersection of Edgewood Road and 1280, adjacent to the vista
point turnout on 1260, and neighborhood hiking access on the main
entry road. The existing hiking/riding trails will remain open.
Above-ground debris will be disposed of off-site, while concrete
pads and foundations are proposed to be buried beneath the demolition
area. The area would then be recontoured and revegetated.
B. Description of the environmental setting:
The site consists of a central ridge bounded by two valleys with
intermittent streams which are tributaries to Cordilleras Creek.
The vacant Hassler Health Home, a former tuberculosis sanitarium,
occupies approximately 12 acres near the ridgetop, with the re-
mainder of the site being largely native chaparral and foothill
woodland.
Page 2
PART II
l (a,b,c) Geology
During demolition of the existing hospital buildings and subsequent
recontouring of the land, the site would be temporarily susceptible
to erosion of the unprotected soils if heavy rainfall occurred
during these operations. Exposed portions of the site would be-
come deeply gullied and siltation could disrupt Cordilleras Creek
and its tributaries leading from the project site. Erosion control
methods which can prevent these risks are discussed under Mitigation
Measures in this section.
Severe ground shaking resulting from a major earthquake on the San
Andreas or Ca'n"'ada Fault can occur at the project site. According
to the Seismic Safety Element for San Mateo County, the Franciscan
Formation (which underlies the project site) is expected to experience
less violent ground shaking than locations closer to the bay. However,
no structural damage due to groundshaking would occur on site since
all buildings and roads would be removed as part of the project.
Groundshaking, however, could be sufficient to cause landslides on
site, especially along unstable slopes.
The slope stability of the project site is closely related to the
methods used in regrading and revegetating the area. The Hassler
Health Home stands on a slope which has no known past history of
landsliding due to either seismicity or land alteration.
Landslides may be caused by natural external disturbances such as
earthquake forces, or by manmade forces such as the undercutting of
the foot of an existing stable slope. Landslides may also occur
without apparent external provocation on slopes that have been
previously stable. Failures of these types are caused by either a
temporary increase in pore water pressure or by a progressive
deterioration of the internal frictional resistance of the soil.
It is essential, therefore, that slopes are carefully regraded and
revegetated in order to decrease possibilities for their disruption
by severe erosion, landsliding or drainage disruption.
The intent of the project is to dispose of above ground debris off-
site, and bury concrete pads and foundations beneath the demolition
area. A soils engineer will be consulted to determine the depth
to bedrock in that area. If soil depth is not sufficient, the
concrete would also be trucked off site. The area will then be
recontoured and revegetated.
MITIGATION MEASURES. The following recommendations are made for the
proposed project to minimize geologic hazards to the site and the
project ' s effects on geologic setting:
To insure a successful plan for disposal and regrading, a
soils engineer should be consulted. Care should be taken
to reclaim topsoil from already existing disturbed areas.
PART II (cont. ) Page 3
Irk
Regrading should follow as much as possible the contours of
the existing topography.
Disposal and grading should be carefully planned in order to
insure slope stability.
The area of grading should be minimized. Finished slopes
should be no steeper than existing slopes (2 : 1 or 50 percent) .
Grading activities and demolition should be confined to the
summer dry season. Before the onset of the winter rainy season,
all bare soils should be planted with protective vegetation
cover to minimize erosion by water.
Erosion control practices should be designed and approved by
a soils engineer prior to earthwork operations.
Ornamental landscaping should be preserved where possible to provide
additional soil stabilization until long-term plans for the preserve
are completed.
2 . (d,e) Water
Impacts on surface water quality due to the proposed project would
be of a generally temporary nature. Increased siltation is likely
to occur during the demolition and recontouring process, but should
be mitigated by standard engineering practices. Temporary increases
in lead, grease, and oils in runoff will be caused by the trucks
used to complete the proposed operation. Levels of these pollutants
are not expected to be significant.
MITIGATION MEASURES . The following measures are recommended to
mitigate hydrologic effects that could result from the proposed
project:
Have grading operations evaluated and inspected by a soils
engineer.
Revegetate exposed earth surfaces as early as possible.
Recontour and revegetate only during the dry season.
3 . (d) Air
Temporary air quality impacts would be associated with the demolition
of buildings on site and removal of debris. Particulars would be
emitted in the immediate vicinity of demolition activity; however,
this effect can be largely mitigated. Demolition trucks and other
equipment would emit carbon monoxide, hydrocarbons, and nitrogen
oxides. On site burial of some of the debris would create minor
particulate emissions, but less mobile source emission (carbon
monoxide, hydrocarbons, and nitrogen oxides) than off site haulings
of debris.
Post construction impacts to air quality would be insignificant.
Page 4
PART II (cont. )
MITIGATION MEASURES. The amounts of air pollution are insignificant,
relative to San Francisco Bay Area air pollution. To minimize dust
and particulates emission during demolition and burial of debris,
the following mitigation measures are recommended:
Water down areas of soil redistribution and any other areas
creating dust.
Avoid excavating on days that high wind speeds (greater than
12 miles per hour) prevail.
Revegetate areas of exposed soil promptly after demolition
and burial is completed.
5 . (f) Plant and. Animal Life
The proposed project would have an overall beneficial effect on the local
native flora and fauna by 1) increasing natural habitat area through the
removal of structures on site, 2) precluding development of the site (most
likely residential) , and 3) preserving existing chaparral , foothill
woodland, riparian and grassland habitats on site in a natural state.
7 . (a) Noise
IMPACTS. Temporary noise impacts from the proposed demolition of
'Hassler Health Home , are expected to increase the ambient noise
levels in the vicinity. For the demolition method suggested in
Section 2 of this report, the typical A weighted noise levels at 50
feet from demolition equipment are: tractor (85) , bulldozer (87) ,
Jackhammer (88) , and heavy duty trucks (88) (Institute of Noise
Control Engineering, 1974) . Noise generated from demolition
activities would temporarily subject the nearest residences, north-
east of the Hassler Health Home property, to maximum noise levels
of 70 dBA. Similar conditions would be expected at the Cordilleras
Center, southeast of the project site. off site hauling of debris
will have noise impacts enroute to the dump site.
Burial of debris at the location of existing buildings would tempo-
rarily result in noise levels of 70 to 72 dBA at the Cordilleras
Center and in nearby residences . Operation of tractors and bull-
dozers would mainly be limited to the demolition area.
After the project is completed, noise levels on site would not be
expected to change significantly from existing ambient levels .
MITIGATION MEASURES. The following measures are recommended to
mitigate potential noise annoyance to nearby residences from
demolition and disposal activities:
Use larger trucks to minimize the number of disposal trips
per day.
Limit demolition and burial work to weekdays, between 8 A.M.
and 6 P.M.
Page 5
PART II (cont. )
8 . (a,e,f) Circulation
During the demolition period there will be approximately 8-16 truck
trips per day from the property to the dump site, with a total of
1600 trips over a 3 month period. This could cause a hazardous
traffic condition at the intersection of Crestview and Edgewood.
Following demolition, only passive recreational uses are proposed
for the property. Parking is proposed at the intersection of 1280
and Edgewood and at the 1280 vista point. As the site becomes more
popular for recreational use, the demand for parking will increase.
This demand could be met by the parking facilities proposed for
the adjacent Edgewood Park, and possibly on-site parking facilities
in conjunction with future development of Hassler.
MITIGATION MEASURES.
During the demolition period when trucks are hauling debris
to and from the site, a flagman or more permanent warning
devices could be installed at the intersection of Crestview
and Edgewood.
Clear signage and a crosswalk should be provided on a portion of
Edgewood Road with adequate visibility to assure safe access
between the open space preserve and the proposed Edgewood County
Park.
9. (c,d) Public Services
If the duplex and/or the doctor' s house are retained for use as
ranger residences, water, sewage, electrical and phone services would
need to be reconnected to serve these buildings. These services
would have to be extended from the vicinity of Edgewood Road, a
distance of approximately 2000 feet. If electrical and telephone
services were to be installed above ground, the improvements could
be visibly obtrusive. A septic system may be installed if a sewage
connection is not feasible, but drainfields would not be located near
natural drainages.
MITIGATION MEASURES.
All utilities serving the proposed two residences should be
installed underground. A septic system would be installed in
a location removed from natural drainages, thereby decreasing
the potential of pollutants in the streams.
MIDPENINSF REGIONAL OPEN SPACE DIST' ':T
NEGATIVE DECLARATION
i
Title of Project Use and Management Plan for the Proposed Hassler Open Space Preserve
Description of Project_ The project corsets of r:e i i�;hhi ng the uasssl er Health V;nmP
buildings, recontouring and revegetating disturbed areas and providing public access
and passive recreation on the site Two builciing.q may ;, be retained for r . _r _a Tonal
use, if feasible. The 293 acre site is located in unincorporated San Mateo County adjacent
to the northeast corner of the Interstate 280/Edaewood P.oad interchange.
The undersigned member of the Midpeninsula Regional Open Space District
finds that the above project has no significant impact on the environment.
Date Staff Member
Reasons for Finding Impacts related to dertolition and disposal
temporary and were not considered to be significant These teMorary ffe(-tg incl„rle
increased noise levels attributable to demolition ecruiment increased enercy rnn-___
sumption for demolition and disposal, and increased erosion by wind and water from
exposed site surfaces prior to revegetation. The prirusy, long term effect of the
project would be the removal of the 14 health Home buildings (approximately 120,000 -,enure
feet of land coverage) which have been found to have no economically feasible recreational
value.
On the basis of these findings staff rec- en s; that a •t-gativP Declaration L)Q
approved for project compliance with CEQA.
Preparation of Study or Environmental Assessment by Del cods, Q= _ice planner
and Alice Watt, Environmental Analyst
The .Board of Directors of the . idpeninsula Regional Open Space District will consider the
above described project at its meeting of May'll, 1983.
A copy of the Study or Environmental Assessment is available at the
offices of the Midpeninsula Regional Open Space District, 375 Distel
Circle, D-1, Los Altos California. A copy of this Negative Declaration
shall be posted at the District office on the following dates :
5/5/83 - 5/11/83
May 5, 1983 µ^
Date and Manager
R-83-16
(Meeting 83-12
May 11 , 1983)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
May 5, 1983
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
D. Hansen, Land Manager; D. Woods,
Open Space Planner; M. Gunder, Associate
Open Space Planner; A. Watt, Environmental
Analyst
SUBJECT: Proposed Addition to Coal Creek Open Space Preserve
(Lands of Fernandez)
Introduction: The Midpeninsula Regional Open Space District has been
offered the opportunity to purchase three parcels of land totalling
126 . 8 acres . The property adjoins the southern boundary of Coal Creek
Open Space Preserve and has access from both Skyline Boulevard and
Alpine Road.
A. Description of the Site
1) Size, Location and Boundaries . Located within unincorporated
San Mateo County between Skyline Boulevard and Alpine Road,the
property includes three parcels of land. Parcel 1 is 40.4 acres,
parcel 2 is 42 . 2 acres, and parcel 3 is 44 .2 acres. A fourth
parcel of 10 . 6 acres (parcel number 4) is being offered as a
gift to the Peninsula Open Space Trust and would preferably be
acquired by the District at a later date; therefore, it will
be included in potential and interim use and management con-
siderations contained in this report.
The property is bounded by Alpine Road to the east, Coal Creek
Open Space Preserve and private property to the north, private
property to the south, and Skyline Boulevard to the west. The
access road from Skyline Boulevard begins near a Caltrans vista
point pullout that also provides parking for Russian Ridge Open
Space Preserve. Monte Bello Open Space Preserve is located
.75 of a mile to the southeast and the Skyline Boulevard/Alpine
Road intersection is located 1 .5 miles to the southeast.
2) Topography, Geology and Natural Landscape. A 2, 160 foot high
grassy knoll is the dominant feature of the property sloping
down to 1800 feet at the Alpine Road access point. Its gentle
open meadows offer views of the ridges of Los Trancos Open
Space Preserve and the Pony Tracks Ranch. The site is under-
lain by shales and sandstone which are prone to landsliding.
Evidence of instability is apparent in the southern portion of
parcel 3 where large cracks and slippage cover an area approxi-
mately 5 acres in size. The grassland is bordered by woodland
dominated by oak and madrone, with some Douglas fir.
R-83-16 Page two
B. Planning Considerations
The property is located within unincorporated San Mateo County and
is within the Sphere of Influence of the Town of Portola Valley.
Parcels 2 and 3 are partially within the Skyline Scenic Corridor,
a 1000 foot swath of land to either side of Skyline Boulevard
designed to protect the scenic qualities and viewshed both on and
from the Skyline ridgeline area.
The property is zoned Resource Management, and open space use of
the land is consistent with the General Plans for San Mateo County
and the Town of Portola Valley.
The property is rated high on the District' s Master Plan map, a
composite rating system ranking the suitability of land as open space.
C. Current Use and Development
Vehicular access to the property is from Skyline Boulevard north of
the Caltrans vista point which is across from the entrance to the
Russian Ridge Open Space Preserver The semi-surfaced roadway center-
line forms the northern boundary of parcel 2 between parcel 4 and
Skyline Boulevard, and also serves as a driveway to an adjacent
residence and two privately owned vacant homesites .
The District would receive an easement over the other one-half of
the road and would therefore be available for patrol, hiking and
equestrian uses. As the roadway enters parcel 4 , it becomes dirt
surfaced and continues through parcel 4 and parcel 1 in a northerly
direction to intersect Alpine Road. A battered chain link gate is
located at this junction. Branching from the main road within parcel
2 is a dirt road which accesses parcel 3. The road is highly eroded
due to off-road vehicle use which has historically occurred on the
property. Once the road enters parcel 3 it is difficult to follow,
as parcel 3 is riddled with four-wheel drive vehicle and motorcycle
trails. Access to this area by the off-road vehicles appears to be
from a trail entering the southern section of the property from
Skyline Boulevard. Fencing and gating the access point would deter
the use. The road system is in fair condition, with the exception
of the off-road vehicle trail system in the southeastern area of
the property. These trails are severely eroded.
The current owner is in the process of subdividing parcels 1 , 2
and 3 into a total of ten lots. Five wells have been drilled on
the property.
A 100 foot wide PG&E right of way cuts across the northeastern
corner of the property, running basically in an east/west direction.
D. Potential Use and Development
Parking for the site can be accommodated at the nearby Caltrans
vista point located on Skyline Boulevard. From here, hikers could
enjoy three loop trail experiences . The first would descend through
the site to Alpine Road and return via Crazy Pete ' s Road on the Coal
Creek Preserve and then along Skyline Boulevard frontage. The
second and much longer loop would descend through the site to Alpine
Road, climbing up the road to Monte Bello Preserve and then crossing
to Skyline Ridge Open Space Preserve and looping back onto Russian
Ridge to the starting point. A third loop trail utilizes the site
itself by beginning at the knoll, winding through parcel 2 and parcel
3, following Alpine Road to the north and back to the knoll area via
the trail through parcels 1 and 4 .
R-83-16 Page three
Local hiking and equestrian access would be open from Alpine Road.
Additional hiking and equestrian access would be from parking areas
now provided at the Monte Bello Open Space Preserve.
It is envisioned that the site would be used primarily for picnicking
and as a resting place for visitors using the larger trail option.
Visitors should also find portions of the site attractive for kite
flying and photography because of the grassland meadows and open
landscape.
Patrol of the site could be easily managed by utilizing the con-
necting road from Skyline Boulevard to Alpine Road. This will allow
for patrol presence in the area of most concern where off-road
vehicles are despoiling the eastern edge of the property.
E. Interim Use and Management Recommendations
1) The road connecting Skyline Boulevard to Alpine Road should be
improved to patrol standards. Costs estimated at $500 are
available in FY 821/83 budget.
2) A road agreement should be initiated with other users of the
access road off Skyline Boulevard.
3) The wells should be secured.
4) Gates, fencing, and an equestrian stile should be installed at
the two entry points along Alpine Road. Costs estimated at
$2500 are available in the current fiscal year budget.
5) The secondary access from Skyline Boulevard should be gated and
fenced to limit the off-road vehicles entering the property.
Costs are estimated at $1000.
6) Wildland signs should be placed at each entry point and preserve
boundary signs placed where appropriate. Costs estimated at
$75 are available in the current fiscal year budget.
F. Name
I recommend that the property be considered an addition to the
Coal Creek Open Space Preserve.
G. Dedication
In view of the significant cost of this purchase, I recommend
this addition to Coal Creek Open Space Preserve be withheld from
dedication at this time to allow for study as to whether any
portions could be developed with homesites without significantly
disturbing the integrity of the preserve.
H. Terms
In accordance with the terms and conditions of the attached purchase
agreement, the total cost for the property would be $1 , 680, 010 . Of
this amount, $530, 000 would be in cash and the balance of $1 , 150, 010
would be in 7 year, 6% notes. if the gift parcel is included, the
average price would be approximately $150,000 per site based upon
the conditional density of 11 parcels or $12, 200 per acre. The
property is currently divided into 4 separate parcels under separate
ownership, and the owners are processing the further subdivision
into the 11 allowable sites. Five of the sites have proven wells
in place. The cash payment of $530, 000 would be charged to the New
Land Commitments budget category and the funds would come from the
1982 note issue proceeds.
R-83-16 Page four
Recommendation: I recommend that you adopt the proposed 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 (Coal Creek Open Space
Preserve/Lands of Fernandez) .
I further recommend you tentatively adopt the interim use and management
recommendations contained in this report, state your intention to with-
hold the property from dedication at this time, and adopt Coal Creek
Open Space Preserve as the official name of the site.
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 AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THE TRANSACTION (COAL CREEK OPEN SPACE PRESERVE/
LANDS OF FERNANDEZ)
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 Alfredo A. Fernandez
et al and the Midpeninsula Regional Open Space District, dated
May 6 , 1983, 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 au-
thorized to expend up to $5 ,000 to cover the cost of title insurance,
escrow fees , and other miscellaneous costs related to this transaction.
Section Five. The sum of $530 ,000 is hereby ordered to be
withdrawn from the Midpeninsula Regional Open Space District 1982
Negotiable Promissory Notes Acquisition Fund for this purchase.
SITE MAP
Coal Creek
Open Space Preserve
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PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into by and between the
undersigned, hereinafter called "SELLER" and the Midpeninsula
Regional Open Space District, hereinafter called "DISTRICT. "
1. PURCHASED PROPERTY
SELLER agrees to sell to DISTRICT, and DISTRICT agrees
to purchase from SELLER, SELLER'S real property located
within an unincorporated area of the County of San Mateo ,
State of California, consisting of 126 . 83 acres, more or
less, and commonly referred to as all of San Mateo County
Assessor's Parcel Numbers 080-221-160 ,-180 and -210 (being
more particularly described as Parcel I , Parcel "C" of
Parcel III, and Parcel V in the Legal Description attached
to Supplemental Preliminary Title Report No. 291462 , dated
April 28, 1983 , from First American Title Insurance Com-
pany, San Mateo County Division, said Report is attached
hereto as Exhibit "A" and made a part hereof by this
reference) , 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 and
fixtures attached or affixed thereto.
2. PURCHASE PRICE AND MANNER OF PAYMENT
The total purchase price shall be One Million Six Hundred
Eighty Thousand Ten and No/100 Dollars ($1,680 ,010. 00)
payable in the following manner:
a) DISTRICT shall pay the sum of Five Hundred Thirty
Thousand and No/100 Dollars ($530 ,000 . 00) in cash
upon close of escrow as hereinafter provided.
b) The balance of said purchase price of One Million One
Hundred Fifty Thousand Ten and No/100 Dollars
($1,150 ,010. 00) shall be evidenced by a promissory
note payable to Alfredo A. Fernandez DBA Vista Point
Estates Associates , Ltd. which shall be paid in annual
principal installments as follows :
Principal Payment
Date Amount
2/15/84 $ 371 ,430. 00
2/15/85 371,430. 00
2/15/86 81,430. 00
2/15/87 81,430. 00
2/15/88 81, 430. 00
2/15/89 81,430. 00
2/15/90 81,430. 00
$1,150 ,010. 00
Fernandez Page two
Said principal payments shall be made together with
accrued, tax-free interest, at the rate of six percent
(6%) per annum, on the unpaid balance, from the date
of close of escrow, and continuing until said principal
and accrued interest are paid in full. Said note shall
be secured by a First Deed of Trust recorded against
Parcel I and Parcel V as described in said Exhibit "A. "
3. WAIVER OF STATUTORY COMPENSATION
SELLER understands that it may be entitled to receive the
fair market value of the Property under the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of
1970 (Public Law 91-646) and California Government Code
Section 7267 , et seq. SELLER acknowledges that it is
familiar with the applicable federal and California Law, and
SELLER hereby waives all existing and future rights it may
have to receive the fair market value of the Property under
any applicable federal or California law.
4. TITLE AND POSSESSION
Title and possession of the subject property shall be con-
veyed to DISTRICT at the close of escrow by Grant Deed, free
and clear of all liens, encumbrances, judgments, easements ,
taxes, assessments , covenants , restrictions, rights and
conditions of record except:
a) Taxes for the fiscal year in which this escrow closes
shall be cleared and paid for in the manner required by
Section 4986 of the Revenue and Taxation Code.
b) Title exceptions numbered 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11,
13 , 14 , 15 , 16 , 17 , 19, and 21 in said Amended Prelimi-
nary Title Report attached hereto as Exhibit "A. "
c) The Deed of Trust as noted in Paragraph 2b hereinabove.
d) Such covenants , conditions, restrictions , and reserva-
tions as may be deemed acceptable to DISTRICT.
5. COSTS
SELLER and DISTRICT shall divide and share equally (50/50)
all escrow, recording and customery title insurance charges
and fees incurred in this transaction. SELLER shall be
responsible for and pay all costs of reconveyance of Deed (s)
of Trust, full release of mortgage (s) and any other fees
or costs for legal or other services incurred in connection
with the delivery of marketable title to DISTRICT of the
property being conveyed by SELLER herein.
Fernandez Page three
6. COMMISSIONS.
DISTRICT shall have no obligation to pay any real estate
agent ' s commission or other related costs or fees in con-
nection with this transaction.
7. LEASES OR OCCUPANCY OF PREMISES.
SELLER warrants that there are no oral or written leases
or rental agreements affecting all or any portion of the
property being conveyed to DISTRICT or any person (s) law-
fully occupying said property and SELLER further warrants
and agrees to hold DISTRICT free and harmless and to reim-
burse DISTRICT for any and all costs , liability, loss or
expense, including costs for legal services , occasioned by
reason of any such lease, rental agreement or occupancy of
the property (including, but not limited to , relocation
payments and/or expenses provided for in Section 7270 et seq.
of the California Government Code) .
8. RIGHTS AND LIABILITIES OF THE PARTIES IN THE EVENT OF
TERMINATION.
In the event this Agreement is terminated and the escrow is
cancelled for any reason, all parties shall be excused from
any further obligations hereunder, except as otherwise pro-
vided 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 cancella-
tion charges (subject to rights of subrogation against any
party whose fault may have caused such termination escrow) ,
and each party reserves any other rights and remedies which
it may have against any other party by reason of a wrongful
termination or failure to close escrow.
9. SELLERS ' WARRANTIES.
a) This Agreement and all other documents delivered by
SELLER to DISTRICT now or at the close of escrow have
been or will be duly authorized and executed and
delivered by SELLER and are legal, valid and binding
obligations of SELLER sufficient to convey fee title
to DISTRICT, and are enforceable in accordance with
their respective terms and do not violate any provi-
sions of any agreement to which SELLER is a party.
b) SELLER warrants that title to the property being con-
veyed to DISTRICT at close of escrow shall be free and
clear of all liens and encumbrances of any type what-
soever and be free and clear of any recorded or unre-
corded option rights or purchase rights held by any
third party except for the permitted exceptions to
title referred to hereinabove, and SELLER shall forever
Fernandez Page four
indemnify and defend DISTRICT from any and all claims
of any type whatsoever made by any third party except
for the permitted exceptions to title referred to here-
inabove and except for any exceptions to title created
by DISTRICT hereafter.
c) SELLER warrants and agrees that as of the date of execu-
tion of this Agreement by SELLER there has not and will
not be any further encumbrance (including, but not
limited to additional Deeds of Trust) of the Real Property
being conveyed by SELLER to DISTRICT hereunder.
10 . MISCELLANEOUS PROVISIONS.
a) Choice of Law. The internal laws of the State of Cali-
fornia, regardless of any choice of law principles,
shall govern the validity of this Agreement, the con-
struction of its terms and the interpretation of the
rights and duties of the parties hereto.
b) 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 per-
formance 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 obligations of the other party; or (iv) waive the
fulfillment of any condition that is precedent to the
performance by such party of any of its obligations
under this Agreement. Any agreement on the part of
any party for any such amendment, extension or waiver
must be in writing.
c) Rights Cumulative. Each and all of the various rights ,
powers and remedies of the parties shall be considered
to be cumulative with and in addition to any other
rights , powers and remedies which the parties may have
at law or in equity in the event of the breach of any
of the terms of the Agreement. The exercise or partial
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.
d) 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 regis-
tered or certified mail, return receipt requested,
Fernandez Page five
with postage thereon fully prepaid. All such communi-
cations shall be addressed as follows :
SELLER: Vista Point Estates Associates, Ltd.
c/o Alfredo A. Fernandez
P. O. Box 500
LaHonda, CA 94020
(415) 775-5252
DISTRICT: Midpeninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los Altos, California 94022
(415) 965-4717
Attn: Herbert Grench, General Manager
Service of any such communication made by mail shall be
deemed complete on the date of actual delivery as shown
by the addressee' s registry or certification receipt or
at the expiration of the tenth (10th) business day after
the date of mailing, whichever is earlier in time.
Either party hereto may from time to time, by notice in
writing served upon the other as aforesaid, designate a
different mailing address or a different person to which
such notices or demands are thereafter to be addressed
or delivered. Nothing contained in this Agreement shall
excuse either party from giving oral notice to the other
when prompt notification is appropriate, but any oral
notice given shall not satisfy the requirement of written
notice as provided in this Section. Notwithstanding the
above, during the escrow period, notice shall be given
by telephone to either party at the above listings and
shall be confirmed by sending mailgrams to the above
addresses. Service made by this method shall be deemed
complete at expiration of seventy-two (72) hours after
the time of transmission of mailgram.
e) Severability. If any of the provisions of this Agreement
are held to be void or unenforceable by or as a result
of a determination of any court of competent jurisdiction,
the decision of which is binding upon the parties, the
parties agree that such determination shall not result in
the nullity or unenforceability of the remaining portions
of this Agreement. The parties further agree to replace
such void or unenforceable provisions which will achieve,
to the extent possible, the economic, business and other
purposes of the void or unenforceable provisions.
f) Counterparts. This Agreement may be executed in separate
counterparts, each of which shall be deemed as an original,
and when executed, separately or together, shall constitute
a single original instrument, effective in the same manner
as if the parties had executed one and the same instrument.
Fernandez Page six
g) Waiver. No waiver of any term, provision or condition of
this Agreement, whether by conduct or otherwise, in any
one or more instances , shall be deemed to be, or be con-
strued as , a further or continuing waiver of any such term,
provision or condition or as a waiver of any other term
provision or condition of this Agreement.
h) Entire Agreement. This Agreement is intended by the
parties to be the final expression of their agreement;
it embodies the entire agreement and understanding be-
tween the parties hereto; it constitutes a complete and
exclusive statement of the terms and conditions thereof;
and it supersedes any and all prior correspondence, con-
versations, negotiations, agreements or understandings
relating to the same subject matter.
i) Time of Essence. Time is of the essence of each pro-
vision of this Agreement in which time is an element.
j ) Survival of Covenants . All covenants of DISTRICT or
SELLER which are expressly intended hereunder to be per-
formed in whole or in part after the close of escrow,
and all representations and warranties by either party
to the other, shall survive the close of escrow and be
binding upon and inure to the benefit of the respective
parties hereto and their respective heirs, successors
and permitted assigns.
k) Assignment. Except as expressly permitted herein,
neither party to this Agreement shall assign its rights
or obligations under this Agreement to any third party
without the prior written approval of the other party
to this Agreement.
1) Further Documents and Acts. Each of the parties hereto
agrees to execute and deliver such further documents
and perform such other acts as may be reasonably
necessary or appropriate to consummate and carry into
effect the transactions described and contemplated under
this Agreement.
m) 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 extend per-
mitted by law, on the successors and permitted assigns
of the parties hereto.
n) Captions. Captions are provided herein for convenience
only and they form no part of this Agreement and are
not to serve as a basis for interpretation or construc-
tion of this Agreement, nor as evidence of the intention
of the parties hereto.
Fernandez Page seven
o) Pronoun References . In this Agreement, if it be appro-
priate , the use of the singular shall include the plural,
and the plural shall include the singular, and the use
of any gender shall include all other genders as appro-
priate.
11. ACCEPTANCE AND TERMS OF ESCROW
DISTRICT shall have until May 12 , 1983 to accept and execute
this Agreement, and during said period this instrument shall
constitute an irrevocable offer by SELLER to sell and convey
the aforesaid real property to DISTRICT for the consideration
and under the terms and conditions herein set forth. As
consideration for the tender of this offer the DISTRICT has
paid and SELLER acknowledges receipt of the sum of Ten and
No/100 Dollars ($10 . 00) .
Provided that this Agreement is accepted and executed by
DISTRICT, as above provided, this transaction shall close
through an escrow to be conducted by First American Title
Insurance Company, 555 Marshall Street, Redwood City,
California 94064, or other such escrow holder as may be
designated by DISTRICT. Time being of the essence this
escrow shall close on or before June 17 , 1983, or later
upon written agreement of the parties hereto.
12. ACCRUAL
The provisions hereof shall accrue to the benefit of and bind
the respective heirs , devisees, assigns or successors in
interest of the parties hereto.
Fernandez Page eight
MIDPENINSULA REGIONAL OPEN SELLER:
SPACE DISTRICT:
APPROVED AS TO FORM:
Rosina Fuentes
Stanley Norton, District Counsel Alfredo Fernandez
RECOMMENDED FOR APPROVAL:
Raquel Fernandez
L. Craig Britton, SR WA Alfredo A. Fernandez
Assistant General Manager
APPROVED AND ACCEPTED: Vista Point Estates Associates, Ltd.
BY
Alfredo A. Fernandez
President, Board of Directors
Date
ATTEST:
District Clerk
Date
I,
SUPPLEME. L
A M E RIC9 PRELIMINARY REPORT
4 J. FirstCompany American Title Insurance om an
.v
San Mateo Count}' Drvrszon
Subject to a mininuun charge as
required by Section 12404 of the FORMERLY San Itatco County Title Company ESTABLISHED 1 874
Insurance Code.
Refer to Order Number and Office as indicated.
SKYWOOD REALTY _ 2A146 _____ 555 Marshall Street (415) 367-9050
17285 Skyline Blvd. , Redwood City, Co. 94064
Woodside, Ca . 94062 — _ 1 100 So. El Camino Real (415) 341-2691
Attn: Lynda Rose San Mateo, Ca. 94402
1001 Crane Street (415) 323-7775
Menlo Park, Ca. 94025
150 88th Street (415) 992-4606
Daly City, Co. 94017
100 Cabrillo Hwy. North (415) 726-4416
Half Moon Bay, Ca. 94019
401-G Primrose Road (415) 347-7076
Burlingame, Ca. 94010
Customer's Reference:
Form of Policy Coverage Requested£X___CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
_AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
In response to the above referenced application for a policy of title insurance, this Company hereby reports that
it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified
above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may
be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not
excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form.
This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to
the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of April 2b, 1983 at 7:30 a.m. ____,__ _.RICHARD E. PROC OR
ESCROW / TITLE OFFICER
Title of said estate or interest at the date hereof is vested in:
ROSINA FUENTES, an unmarried woman, as to Parcel I and II
ALFREDO FERNANDEZ AND RAQUEL FERNANDEZ, his wife as
Community Property as to Parcels II , III , and IV,
ALFREDO A. FERNANDEZ dba VISTA POINT ESTATES ASSOCIATES LTD.
The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said
policy form would be as follows:
EXH1B T
page of
Continued Page 2
SUPPLEMENTAL REPORT 291462 3e 2
1. General and Special Taxes for the fiscal year 1983-84 , now
a lien, amount not yet ascertainable .
2. General and Special Taxes for the fiscal year 1982-83
First Installment $1 ,727 .82 Delinquent
Penalty $172.78
Second Installment $1,727 .82 Delinquent
Penalty $172 .78 plus $5 .00 -costs
Code Area: 066-019 A.P. No: 080-221-160
Affects Parcel I .
First Installment $2,303 .77 Delinquent
Penalty $230 .37
Second Installment $2 ,303 .77 Delinquent
Penalty $230 .37 plus $5 .00 costs
Code Area: 066-019 A.P. No: 080-221-180
Affects Parcel "C" of Parcel III .
First Installment $719 .92 Paid
Second Installment $719 .92 Paid
Code Area: 066-019 A.P. No: 080-221-170
Affects Parcel "B" of Parcel III .
First Installment $2 ,252 .95 Delinquent
Penalty $225 .29
Second Installment $2 ,252 .95 Delinquent
Penalty $225 .29 plus $5 .00 costs
Code Area: 066-019 A.P. No:, 080-221-210
Affects Parcel V.
3 . RIGHT OF WAY over the herein described property, as granted
in Deed,
From : James Rolph III
To : Pacific Gas and Electric Company
Dated : August 24 , 1932
Recorded : August 26 , 1932
Document No: 12861-C
Book 570 of Official Records at page 355 , Records of San Mateo
County, California.
Grants Right of Way for single line of poles near Skyline Boulevard.
Affects Parcel I and V.
4 . AGREEMENT relative to oil and mineral rights and rights
under oil lease , as contained in Deed and Agreement
From : James � 9 Rolph III dealing with his separate property
To : Page & Hill Co. , a Delaware corporation
Dated : April 3, 1953
Recorded : April 8 , 1953
Document No: 72317-K
Book 2395 of Official Records at page 402 , Records of San Mateo
County, California.
5 . RESERVATION contained in Deed
From : James Rolph III
To : Page & Hill Co. , a Delaware corporation
Dated : April 3, 1953
Recorded : April 8, 1953
File No. : 72317-K
Book 2395 of Official Records at page 402 , Records of San Mateo
County, California.
Reserves forever an undivided 50% of all oil, gas, gasoline
and other hydro-carbon substances and all other minerals MIBIT
underlying and within or that may hereafter be produced, saved, ,,�
sold and delivered from the herein described property. Page Of
I
SUPPLEMENTAL REPORT 291462 le 3
6 . RIGHT OF WAY over the herein described property , as granted
in Instrument:
From : Page & Hill Co. , a Delaware corporation
To : Pacific Gas & Electric Co. , a corporation
Dated : December 17 , 1953
Recorded : January 2 , 1954
Document No: 31350-L
Book/Reel 2526 of Official Records at page/image 482 , Records of
San Mateo County, California.
Grants Right of Way 50 feet in width for line of towers and
wires along the Northerly portion of Parcel "C" as shown in Parcel
III .
By Final Order of Condemnation filed May 3 , 1965 in the Superior
Court of the State of California in and for the County of San Mateo
in Action entitled "Pacific Gas & Electric Company, Plaintiff vs. Charles
T. Draney, et al" (S.M. #104872 ) the above right of way was increased
to a width of 100 feet, being 25 feet contiguous to and on either side
of the 50 foot strip granted above .
7 . RESERVATIONS as contained in Deed
from : Page & Hill Co.
to : Charles T. Draney and Alfred J. Orselli
dated : June 16 , 1960
recorded : June 20 , 1960
File No. : 64479-S
Book 3812 of official Records at page 647 , Records of San Mateo
County, California.
Reserves two 6 foot easements for the construction, opera-
tion and maintenance of water lines and for water system purposes
over the Southeasterly portion of Parcel V herein described.
8 . DECLARATION A14D AGREEMENT as to exercise of Mineral Rights
executed by: James Rolph III
and between: Roger R. Page
recorded : November 28 , 1960
File No. : 1079-T
Book 3897 of Official Records at page 28 , Records of San Mateo
County, California.
Said Declaration and Agreement recite as follows:
Neither party shall hereafter be privileged to explore
for , develop, or remove any oil, gas , gasoline or minerals on or
from said lands, or to grant to any other person, firm or
corporation the right to explore for , develop or remove any oil ,
gas, gasoline or minerals on or from said lands without the
written consent of the other party first had and obtained.
9 . CONDITIONS as set forth in the Deed
from : Page & Hill Co.
to : Charles T. Draney and Alfred J. Orselli
dated : October 5 , 1961
recorded : October 9 , 1961
File No. : 2989-U
Book 4070 of Official Records at page 99 , Records of San Mateo
County, California, which recites as follows: "Provided, however ,
that grantors, their successors or assigns, may with the prior
written consent of grantee , their successors or assigns re-locate
or re-route said easement. The approval of grantees , their
successors or assigns shall be mandatory upon proof that such
relocation or re-routing shall in no way alter the use or
WMIT
of the benefit of said easement" .
of
Affects Parcel V. page
SUPPLEMENTAL REPORT 291462 ge 4
10 . WAIVER OF DAMAGES as contained in Deed
from : Charles T. Draney, an unmarried man, Alfred J.
Orselli and Catherine Orselli , his wife
to : State of California
dated : December 3 , 1970
recorded : June 27 , 1971
File No. : 78335-AD
Book 5889 of Official Records at page 249 , Records of San Mateo
County, California.
Affects Parcel I and V.
11. DECLARATION AND AGREEMENT as to exercise of Mineral Rights
Executed by: Roger L. Page , et ux
and between: Charles T. Draney, et al
Recorded : July 24 , 1979
Document No: 37456-AO
Reel 7872 of Official Records at image 1196 , Records of San Mateo
County, California.
Said Declaration and Agreement recite as follows :
Neither party shall hereafter be privileged to explore for ,
develop, or remove any oil, gas, gasoline or minerals on or from
said lands, or to grant to any other person, firm or corporation
the right to explore for , develop or remove any oil , gas, gasoline
or minerals on or from said lands without the written consent of
the other party first had and obtained.
12 . DEED OF TRUST to secure an indebtedness in the original amount
of $276 ,000 .00 and any other amounts and/or obligations secured
thereby,
Trustor : Richard R. Rollins, a married man dealing with his
separate property
Trustee : First American Title Insurance Company , a California
corporation
Beneficiary: Alfred J . Orselli , a married man and Charles T.
Draney, a .married man
Dated : July 16 , 1979
Recorded : July 31, 1979
Document No: 41226-AO
Reel 7878 of official Records at image 560 , Records of San Mateo
County, California.
Beneficiary 's Address - none shown
Loan No. - none shown
A DEED OF PARTIAL RECONVEYANCE
Executed by : First American Title Insurance Company, as Trustee
Dated : April 26 , 1982
Recorded : April 29 , 1982
Document No. : 82034048 Official Records of San Mateo County,
California.
Said Document releases Parcel "B" as security for the above
mentioned Deed of Trust.
A DEED OF PARTIAL RECONVEYANCE
Executed by : First American Title Insurance Company, as Trustee
Dated : August 4 , 1982
Recorded : August 5 , 1982
Document No. : 82066495 Official Records of San Mateo County,
California.
Said Document releases Parcel 'IV" as security for the &MIT A
mentioned Deed of Trust.
Page of
F
SUPPLEMENTAL REPORT 291462 P--e 5
13 . AGREEMENT
Between : County of San Mateo, a political subdivision of
the State of California
and : Richard Rollins, a married man
Dated : February 13 , 1980
Recorded : February 15, 1980
Document No: 19511-AP
Reel 7938 of Official Records at image 1624 , Records of San Mateo
County, California. Wherein it is agreed that in consideration
of the granting of a building permit and for and in consideration
of the approval by County of the proposed street improvements
adjacent to the Permittee ' s said property, in conformance with
Section 8104 of the San Mateo County Ordinance Code , Permittee
is willing, at his own cost and expense , to furnish all materials
and construct and install the said street improvements upon
demand of the County.
14 . RELINQUISHMENT OF DIRECT ACCESS to Alpine Road across any
portion of Parcel C herein as set forth on the map hereinafter
referred to.
15 . EASEMENT FOR INGRESS & EGRESS and PUBLIC UTILITIES over
the herein described property as shown on map herein mentionea.
Affects strips of land 25 feet and 50 feet wide over the
Northerly portion of Parcel I .
16 . EVIDENCE of an existing P.G.& E. Easement lying within
that 501 wide road easement lying between Skyline Boulevard and
the Southwesterly corner of Parcel I as shown on the map herein-
after mentioned.
17 . EASEMENT over the herein described property, as granted
in Deed:
From : Richard Rollins Inc. , a California corporation
To : Alfredo Fernandez and Raquel Fernandez,
his wife , as Community Property
Dated : October 29 , 1980
Recorded : November 6 , 1980
Document No: 6570-AR
Reel 8002 of Official Records at image 2339 , Records of San Mateo
County, California.
Grants Easement for ingress and egress and public utilities.
Affects strips of land 25 feet and 50 feet wide over the
Northerly portion of Parcel I .
EXHIB
Page !E70fJL2__
SUPPLEMENTAL REPORT 291462 1 6
18 . ALL-INCLUSIVE DEED OF TRUST securing payment of $450 ,000 .00 .
Trustor : Alfredo Fernandez and Raquel Fernandez, his wife
Trustee : First American Title Insurance Company, a California
corporation
Beneficiary: Richard Rollins, Inc. , a California corporation
Dated : October 21 , 1980
Recorded : November 6 , 1980
Document No: 6571-AR
Reel 8002 of Official Records at Image 2341, Records of San
Mateo County, California.
Address of Bene . not shown
Loan No. not shown
Affects Parcel III .
Said DEED OF TRUST was
re-recorded: November 18 , 1980
File No. : 1068 2-AR
1977 Records
of Official Records atpage/image ,
1 8005
Book Ree
of San Mateo County, California.
A DEED OF PARTIAL RECONVEYANCE
Executed by : First American Title Insurance Company, as Trustee
Dated : July 26 , 1982
Recorded : July 27 , 1982
Document No. : 82063239 Official Records of San Mateo County,
California.
Said Document releases Parcel "B" as security for the
above mentioned Deed of Trust.
THE EFFECT OF ASSIGNMENT from Trans-Bay Development Corporation,
a California corporation
To : Hardesty Enterprises, an Arizona limited partnership
Dated : November 13 , 1981
Recorded : December 3 , 1981
Document No: 13511-AT Official Records of San Mateo County, Califonria
Assigns all interest in Deed of Trust recorded in Book/Reel
8002 of Official Records at page/Image 2341.
Assignee ' s Address: none shown
THE EFFECT OF ASSIGNMENT from Hardesty Enterprises , an Arizona
limited partnership
To : Trans-Bay Development Corporation, a California corporation
Dated : February 22 , 1983
Recorded : March 4 , 1983
Document No: 83020433 Official Records of San Mateo County, California.
Assigns all interest in Deed of Trust recorded in Book/Reel
8002 of Official Records at page/Image 2341.
Assignee ' s Address: none shown
EXHIBIT
Page
SUPPLEMENTAL REPORT 291462 P 7
19 . RESERVATION as contained in Deed
From : Richard Rollins Inc. , a California corporation
To : Rosina Fuentes, an unmarried woman
Dated : February 2, 1981
Recorded : February 3 , 1981
Document No: 11229-AS of Official Records of San Mateo County,
California.
RESERVING THEREFROM a non-exclusive easement for ingress
and egress and public utilities within so much of said Parcel A
as designated "Proposed 25 ' wide easement for ingress and egress
to benefit Parcels B & C on Said Map" .
FURTHER RESERVING from said Parcel A non-exclusive easements
for ingress and egress and public utilities with 2 strips of
land 50 feet in width of which the centerline is described as
follows:
(a) 1- proposed 50 , easement for ingress and egress to benefit
Parcels B & C on said map.
(b) :� proposed 50 , easement for ingress and egress to benefit
ed 50 easement for ingress and egress to benefit Parcel B on
said map.
Affects Parcel I .
20 . ALL-INCLUSIVE DEED OF TRUST to secure indebtedness in
the original amount of $547 ,000 .00 and any other amounts and/or
obligations secured thereby,
Trustor : Rosina Fuentes and Alfredo A. Fernandez , doing
business as Vista Point Estates Associates,
Ltd.
Trustee : First American Title Insurance Company, a California
corporation
Beneficiary: Richard Rollins, Inc. , a California corporation
Dated : January 30 , 1981
Recorded : February 3 , 1981
Document No: 11232-AS , Official Records of San Mateo County,
California.
Beneficiary ' s Address - none shown
Loan No. - none shown
Affects Parcels I , II and V.
NOTICE OF DEFAULT
From : Richard Rollins, Inc. , a California corporation
To : Rosina Fuentes and Alfredo A. Fernandez, doing business
as Vista Point Estates Associates , Ltd.
Dated : February 11, 1983
Recorded : February 11 , 1983
Document No: 83013500 Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
11232-AS of Official Records of San Mateo County, California.
EX141131T A
f
pa-c
SUPPLEMENTAL REPORT 291462 1 8
THE EFFECT OF ASSIGNMENT from Trans-Bay Development Corporation,
a California corporation
To : Hardesty Enterprises, an Arizona limited partnership
Dated : November 13, 1981
Recorded : December 3, 1981
Document No: 13511-AT official Records of San Mateo County, California
Assigns all interest in Deed of Trust recorded under Document No.
11232-AS of official Records of San Mateo County, California.
Assignee ' s Address: none shown
THE EFFECT OF ASSIGNMENT from Hardesty Enterprises, an Arizona
limited partnership
To : Trans-Bay Development Corporation, a California corporation
Dated : February 27 , 1983
Recorded : March 4 , 1983
Document No: 83020434 Official Records of San Mateo County, California
Assigns all interest in Deed of Trust recorded under Document No.
11232-AS of Official Records of San Mateo County, California.
Assignee ' s Address: not shown
21. EASEMENT over the herein described property , as granted
in Deed:
From : Alfredo A. Fernandez DBA Vista Point Estates Associates
Ltd.
To : Jacques M. Littlefield, a married man, as his sole
and separate property
Dated : December 28 , 1981
Recorded : December 30 , 1981
Document No: 21997-AT Official Records of San Mateo County,
California.
Grants Easement for roadway, water well and pipeline purposes .
Affects a portion of Parcel V.
22 . DEED OF TRUST to secure an indebtedness in the original
amount of $150 ,000 .00 and any other amounts and/or obligations
secured thereby,
Trustor : Alfredo Fernandez and Raquel Fernandez , his wife
Trustee : California Land Title Company of Santa Clara County ,
a California corporation
Beneficiary: Nancy Martin, an unmarried woman, as to an undivided
15/150ths interest; Rose Cavalieri , a widow, as to
an undivided 10/150ths interest; Roy Cavalieri, as
Trustee for the Cavalieri Family Trust as to an un-
divided 10/150tbs interest; Hudson S . Black and Marie
M. Black, trustees of the Black Family Trust, as to
an undivided 10/150ths interest; Bernard B. Schnitzer
and Mary A. Schnitzer , as trustees for the Schnitzer
Family Trust, as to an undivided 15/150ths interest;
Joe Pipkin and Ester Pipkin, his wife , as joint tenants ,
as to an undivided 20/150ths interest; Ballard T.
Byers and Francis Byers, his wife , as joint tenants,
as to an undivided 20/150ths interest; Betty Wirth,
a widow, as to an undivided 10/150ths interest; John
A. Hubby, Jr. , an unmarried man, as to an undivided
20/150tbs interest; Clifford MacLachlin and Anna
MacLachlin, husband and wife as to an undivided
20/150ths interest. continued. . . . EXHIBIT—A - .
Page 4-Of ,
SUPPLEMENTAL REPORT 291462 1 9
Dated : July 23 , 1982
Recorded : July 27 , 1982
Document No: 82063240 Official Records of San Mateo County,
California.
Beneficiary's Address - not shown
Loan No. - none shown
Affects Parcel "B" of Parcel III .
There have been no deeds recorded within the last six months
prior to the date of this report, affecting the herein described
property.
EXHIBIT A
Page-4 f asp
--p . V-
SUPPLEMENTAL REPORT #291462 pagelG
DESCRIPTION
The land herein referred to is situated in the
State of California, County of San Mateo, and
is described as follows:
PARCEL I :
Parcel A as shown on that certain map entitled "PARCEL MAP OF THE
LANDS OF ROLLINS AND BEING A RESUBDIVISION OF PARCEL ONE, AS SHOWN
ON VOLUME 47 PARCEL MAPS PAGE 52 , AND BEING DESCRIBED IN 7940 O.R.
1513 RECORDS OF SAN MATEO COUNTY , SAN MATEO COUNTY , CALIFORNIA" ,
filed in the office of the County Recorder of San Mateo County,
State of California on October 22 , 1980 in Volume 50 of Parcel Maps
at pages 45 and 46 .
EXCEPTING THEREFROM an undivided one-half ( 50% ) of all oil, gas,
gasoline and other hydro-carbon substances and all other minerals
now underlying and within, or that may hereafter be produced,
saved, sold and delivered as said rights were reserved in that
certain Deed from James Rolph III , to Page & Hill Co. , a Delaware
corporation, recorded April 8 , 1953 in Book 2395 of Official
Records at page 402 (File No. 72317-K) , and further excepting an
undivided one-half ( 50% ) of all oil, gas, gasoline and other
- minerals now underlying and
other mine a
and all 9 substances a Y
h
Y
dro carbon u
within, or that may hereafter be produced, saved, sold and delivered
as said rights were conveyed by that certain Deed from Page & Hill
Co. , a Delaware corporation, to Roger R. Page recorded June 19 ,
1956 in Book 3043 of Official Records at page 455 (File No. 63402-N) ,
Records of San Mateo County, California.
PARCEL II :
An undivided one-quarter ( 25% ) of all oil, gas, gasoline and other
hydro-carbon substances and of all minerals lying and within, or
that may hereafter be produced, saved, sold and delivered from all
that real property described in Parcel I above as said rights were
conveyed by that certain Deed from Roger R. Page , et ux, to Charles
T. Draney and Alfred J. Orselli, recorded June 20 , 1960 in Book
3812 of Official Records at page 651 (File No. 64480-S) , Records of
San Mateo County, California.
PARCEL III :
Parcel B and C as shown on that certain map entitled "PARCEL MAP
OF THE LANDS OF ROLLINS AND BEING A RESUBDIVISION OF PARCEL ONE,
AS SHOWN ON VOLUME 47 PARCEL MAPS PAGE 52 , AND BEING DESCRIBED
IN 7940 O.R. 1513 RECORDS OF SAN MATEO COUNTY, SAN MATEO COUNTY,
CALIFORNIA" , filed in the office of the County Recorder of San
Mateo County, State of California on October 22 , 1980 in Volume
50 of Parcel Maps at pages 45 and 46 .
continued. . . .
Pale -in of�
SUPPLEMENTAL REPORT #291462 page 11
EXCEPTING THEREFROM an undivided one-half ( 50% ) of all oil, gas,
gasoline and other hydro-carbon substances and all other minerals
now underlying and within, or that may hereafter be produced, saved,
sold and delivered as said rights were reserved in that certain
Deed from James Rolph III , to Page & Hill Co. , a Delaware corp-
oration, recorded April 8 , 1953 in Book 2395 of Official Records
at page 402 (File No. 72317-K) , and further excepting an undivided
one-half (50% ) of all oil , gas, gasoline and other hydro-carbon
substances and all other minerals now underlying and within, or
that may hereafter be produced, saved, sold and delivered as said
rights were conveyed by that certain Deed from Page & Hill Co. ,
a Delaware corporation, to Roger R. Page recorded June 19 , 1956
in Book 3043 of official Records at page 455 (File No. 63402-N) ,
Records of San Mateo County, California.
PARCEL IV:
A non-exclusive easement for ingress and egress and public utilities
within 3 strips of land within portions of Parcels A and B "PARCEL
MAP OF THE LANDS OF ROLLINS AND BEING A RESUBDIVISION OF PARCEL ONE ,
AS SHOWN ON VOLUME 47 PARCEL MAPS PAGE 52 , AND BEING DESCRIBED
IN 7940 O.R. 1513 RECORDS OF SA14 MATEO COUNTY, SAN MATEO COUNTY,
CALIFORNIA" , filed in the office of the County Recorder of San
Mateo County, State of California on October 22, 1980 in Volume
50 of Parcel Maps at pages 45 and 46 .
Said strips of land being more particularly described as follows:
(a) A strip of land 25 feet in width within that portion of said
parcel A designated as "Proposed 251 WIDE EASEMENT FOR INGRESS &
EGRESS & P.U .E. to benefit PCL' S B & C" on said map.
(b) A strip of land 50 feet width within that portion of said
Parcel A of which the centerline is designated "PROPOSED 501
EASE FOR INGRESS & EGRESS & P.U.E. TO BE14EFIT PCLIS B & C" on
said map.
(c) A strip of land 50 feet in width within that portion of said
Parcel B designated as "PROPOSED 501 INGRESS & EGRESS & P.U .E. TO
BENEFIT PCL. C" .
Said easement is appurtenant to Parcel III and is created by that
certain Deed recorded February 3 , 1981 under Document No. 11229-AS ,
Records of San Mateo County, California.
continued. . .
EXHIBIT- A
Pa,3e f &O
4P -01&aIL
_ 1
SUPPLEMENTAL REPORT #291462 page
SUPP 12
PARCEL V•
Parcel 2 as shown on that certain map entitled "PARCEL MAP OF
THE LANDS OF LITTLEFIELD AND FERNANDEZ , AND BEING A RESUBDIVISION
OF PARCEL D VOL. 50 P. M. PG. 46 DESCRIBED IN FILE #11230-AS AND
THAT 7 .2+ ACRE PARCEL DESCRIBED IN FILE #5428-AS AND #39361-AS
RECORDS OF SAN MATEO COUNTY , SAN MATEO COUNTY, CALIFORNIA" ,
filed in the office of the County Recorder of San Mateo County,
State of California on December 16 , 1981 in Book 52 of Parcel
Maps at Pages 25 and 26 .
EXCEPTING THEREFROM an undivided one-half ( 50% ) of all oil, gas ,
gasoline and other hydro-carbon substances and all other minerals
m hereafter beproduced,
now underlying and within, or that may
Y g
saved, sold and delivered as said rights were reserved
rued in
that
certain Deed from James Rolph III , to Page & Hill Co. , a Delaware
corporation, recorded April 8 , 1953 in Book 2395 of Official
Records at page 402 (File No. 72317-K) , and further excepting an
undivided one-half ( 50% ) of all oil, gas, gasoline and other
hydro-carbon substances and all other minerals now underlying
and within, or that may hereafter be produced, saved, sold and
delivered as said rights were conveyed by that certain Deed from
Page & Hill Co. , a Delaware corporation, to Roger R. Page
recorded June 19, 1956 in Book 3043 of Official Records at page
455 (File No. 63402-N ) , Records of San Mateo County, California.
�
APN 080 22
- -160 J PN 80 22 221 09 .01 A
1
080-221-180 80 22 221 09 .02 A
080-221-170 80 22 221 09 .03 A
080-221-210 80 22 221 09 A
Order Date : April 19 , 1983
I Jul 27 1982 for Parcel III .
T.R. Date : None-Parcel , �
S. Y
TSP/mw
D 252 A 10
D 53 A 13
D 30 A 1, 2 , 7 , 12 , 17
D 53 A 22
D 252 A 17
D 608 B 14
D 255 B 21
I
EXHIBIT BIT
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(415) 651 -1 t 3•
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M-83-50
AA, (Meeting 83-12)
May 11 , 1983)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 4 , 1983
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
W. Tannenbaum, Real Property Representative
SUBJECT: Lease Renewal for Gill Cable TV on Black Mountain
Introduction: At your December 8 , 1982 meeting you adopted the "Policies
for the Black Mountain Communication Facilities" (see memorandum M-82-27 ,
dated November 19 , 1982) . In accordance with those policies , staff is now
recommending approval of the Gill Cable lease which is attached hereto.
The structure of the Gill Cable lease is patterned after the Ford Aerospace
agreement approved at the meeting of March 23 , 1983. Both of these docu-
ments have been designed with a twofold purpose: to protect the quality
of the open space environment in the Monte Bello Open Space Preserve while
ensuring a reasonable rate of return to the District.
Discussion: Of the six antenna sites inherited with the acquisition of
the 280 acre former Winship property on Monte Bello Ridge, the Gill Cable
cable site represents the larger of two lessees whose operations are
solely income producing (i.e. , not used for research, government projects
or inter-organizational communications) . Gill Cable uses its facilities
on Black Mountain primarily for the receipt and dissemination of satellite-
transmitted cable-TV signals.
The Gill Cable lease provides for a long-term arrangement (one five-year
term with four five-year options to renew) , which is in conformity with
Section 5563 of the Public Resources Code. A formal review will be
initiated toward the end of each five-year term in order to assess the
terms for implementation of the next option period.
Terms: Rent for this lease was calculated using information collected
during our initial study and interviews with knowledgeable experts in
the area (e.g. , Watson Communications , County of San Mateo, and the East
Bay Regional Park District) . The $2500 per month charge to Gill Cable
represents an annual rate of $30 ,000 (a 375% increase over the previous
rent) . The monthly rent is to be increased annually by an automatic
7 percent of the previous year 's Fixed Minimum Rent. Should the C.P.I .
for a given year be greater than 7 percent, then that figure will be used
to compute the new rent.
M-83-50 Page two
Some of the more salient provisions of this lease deserve specific
mention:
1. The tenant is responsible for continued maintenance of the site and,
in concert with other users , also maintains that portion of Monte
Bello Road which provides access from the southeast to the tele-
communication facilities. This access is clearly outlined and
restricted per Paragraph 9 of the lease agreement.
2. The general liability insurance coverage naming the District as
additional insured has been set at $1,000 ,000 .
3. Any additions , alterations, or improvements of the site will be
subject to a strict design review by the District. If any alteration
is approved, the tenant is required to notify the District ten days
in advance of construction (see Paragraph 11) .
4. Upon termination of the lease, the tenant will have sixty days to
commence removal of all improvements and restoration of the premises
to a natural grassland condition. Satisfaction of this requirement
will be determined by the District. Should the tenant fail to comply,
the District has the right to perform restorative work at the tenant 's
expense (see Paragraph 20) .
5. Any utility lines now in existence, except for the high voltage
500 KVA electric lines , must be installed underground within three
years following commencement of the lease. Payment of utilities is
the sole responsibility of the tenant (see Paragraph 13) .
As a part of permission allowing the tenant to operate the improvements
for transmission and reception of communications signals , the District
has required that the tenant adhere to "Regulations for Use of Midpeninsula
Regional Open Space District Land, " and Item No. 3 of your Basic Policy.
Both of these references were included as Exhibit C of the lease. See
Paragraph 8 of lease for details.
Recommendation: I recommend that you adopt the accompanying Resolution
of the Board of Directors of the Midpeninsula Regional Open Sapce District
Approving the Ground Communications Lease to Gill Industries (Monte Bello
Open Space Preserve Black Mountain) .
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE GROUND COMMUNICATIONS LEASE
TO GILL INDUSTRIES (MONTE BELLO OPEN SPACE
PRESERVE - BLACK MOUNTAIN)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows :
Section One. The District may, under the provisions of
Sections 5540 and 5563 of the Public Resources Code, lease prop-
erty owned by the District for a period of up to twenty-five (25)
years , and the Board of Directors finds that the premises to be
leased for Communication Facilities is temporarily unnecessary
for park and open space purposes and considers that a lease of
such premises for Communication Facilities is in the public inter-
est, on the terms hereinafter set forth.
Section Two. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby approve the Lease between
Gill Industries and the Midpeninsula Regional Open Space District,
a copy of which Lease is attached hereto and by reference made a
part hereof, and does hereby authorize the President and appropri-
ate officers to execute said Lease on behalf of the District.
Section Three. The General Manager of the District shall
cause to be given appropriate notice of acceptance to Lessee. The
General Manager further is authorized to execute any and all other
documents necessary or appropriate to the closing of the transaction.
* * * * * * * * * * * *
t'
GROUND LEASE
FOR COMMUNICATIONS STRUNC`" -E5
THIS LEASE is made and entered into as of this day
of , 19 , by and between MIDPENINSULA REGIGNAL
OPEN SPACE DISTRICT, a public district (hereinafter called
"District") and Gill Industries a California Corporation
(hereinafter called ' Tenant" ) .
~ RECITALS•
A. District 'is the owner of that certain real property
consisting of approximately 7500 square feet of land located
in the County of Santa Clara , State of California, more
particularly shown as the area outlined in red on Exhibit "A"
attached hereto and incorporated herein by this reference .
the -" remises"
( -"premises" ) .
B.' Tenant .desires to- lease the premises from District,
therewith Tenant has laced thereupon
and in conjunction they p F
communications structures and offsite utilities consisting
Of. Electronic Control mousing (2) 6Mg-ter aari-h-motat.icar,
• 1 .reflectors, television tower miscellaneous cables -. wirer
and Poles
. -
all as more particular particularl y described in the "as wilt" pans j
and specifications .attached hereto as Exhibit "B" and incorpo-
rated herein by this reference (the "Improvements" ) .
NOW, THEREFORE, in consideration of the mutual covenants
and conditions hereinafter set forth, the parties agree as
follows: _.
1. Lease of Premises. -District hereby leases the
premises to Tenant, and Tenant hereby leases the premises
from District, for the term,- at the rental, and upon the
other covenants and conditions contained herein.
2. Term.
(a) The term of this Lease shall commence as of
Aoril 1 1983 (the "Commencement Date") , and shall
expire five dive yearrs thereafter on march 31 ,
unless sooner terminated in accordance with the provisions
hereof, or unless extended pursuant to any right to extend
the Lease term expressly granted herein.
(b) Tenant acknowledges that California Public
Resources Code Section 5563 provides in part that: "When
land or property is temporarily unnecessary for park or open
space purposes, it may be leased for other purposes for a
term not exceeding 25 years with an express provision in the
lease that should'the.board by ordinance determine to use
the lands for park, open space, or other district purposes,
the lease shall thereby be terminated. " Accordingly, notwith--
standing . anything tothe contrary herein contained, District
shall be entitled to terminate this Lease at any time during
the term hereof pursuant to said Section 5563, provided only .
that District delivers to Tenant written notice of such termi-
nation at least twenty-four (24) months prior to the date on
which such termination shall become effective.
3. Fixed Minimum Rent.
(a) Subject to increases as set forth in paragraph 3 (b)
and paragraph 16 herein, Tenant shall pay to District as rent
for the premises equal monthly installments of Two Thousand Five
Hundred and No/100 Dollars ($2500. 00) in advance, on the first day
of each month of the term hereof ("Fixed Minimum Rent") . All
rent payable by Tenant under this Lease shall be payable without
notice or demand, and without any deduction, offset of abatement,
in lawful money of the United States of America to District at
the address stated herein or to such other persons or at such
other places as District may from time to time designate in
writing. Said Fixed Minimum Rent is inclusive of the Home Box
Office sublease in effect upon the Commencement Date of this
Lease Term.
(b) Upon each anniversary of the Commencement Date during
the term of this lease, the amount of Fixed Minimum Rent payable
by Tenant to District hereunder shall increase by the greater of
the two methods listed below:
(i) Seven percent (7%) of the previous years '
Fixed Minimum Rent; or
(ii) A percentage based upon the basis of the United
States Department of Labor, Bureau of Labor Statistics, Consumer
Price Index for All Urban Consumers, for San Francisco-Oakland
(1967 = 100; or similar index) , hereinafter referred to as the
"CPI" for the one-year period immediately preceding the anniver-
sary of the Commencement Date.
(c) District shall give Tenant written notice each year
illustrating the manner in which the Fixed Minimum Rent has been
increased and the method used. If, on any Anniversary Date, there
shall not exist the CPI in the same format as referred to herein
above, District shall substitute any official index published
by the Bureau of Labor Statistics, or its successor or similar
governmental agency, or if no such official index shall then be
published, any private index published 'by a reputable organiza-
tion, as may then be in existence and which is most nearly com-
parable thereto. If the CPI is changed so that the base year
is no longer 1967 , the CPI shall be converted by District in
accordance with an appropriate conversion factor published by the
Bureau of Labor Statistics or any other reputable authority.
h 4 (c) Tenant shall pay to District on or before the
irt et day following each calendar month during the
erm of this Lea tentage rent equal to ten percent (10%)
f Tenant's gross fees d in any way from the Improvements
m the Improvements
r
L P' ove' e _s
n nr
r the communications equipme ein, or from Tenant 's
ctivities in, on or about thepreml ing such month. Ther
hall be deducted from the percentage rent d payable by
enant to District an amount equal to the Fixed M� Rent
ayable by Tenant to District for such calendar month, a
2.
0 11 fees and charges for rights, including without limita-
tion mmunications privileges and licenses of whatsoever
nature, ranted by Tenant with respect to all or any portion
of the I ovements, or with respect to the substantial use
of all or ortion of the Improvements and/or any communi-
cations equip., t therein by Tenant or any other person,
firm, or corpora `on; and shall include, without limitation,
all deposits recez and not refunded to customers in
connection with any nsaction; and all orders secured or
received with respect the premises by telephone, mail,
house to house or other c assing by personnel which Tenant,
in the normal and customary urse of its operations would
credit or attribute to its bu ' ess derived from or made
possible by the Improvements an any communications
equipment therein. No deduction s 1 be allowed for ungol-
lected or uncollectable credit amoun Tenant shall be
entitled to deduct from the amount of g- s fees, the amount
of any city., county, state, or federal sa use, gross
receipts, luxury, or excise tax on such fee r charges
which is both added to the fee (or absorbed th -in) and
paid to the taxing authorities by Tenant (but no any
customer of Tenant) . Any transaction on an instal nt
basis or otherwise involving the lending of credit sh be
treated as a charge for the full and normal amount then -
in the month in which such transaction was entered into,
and complete records and accounts of all gross fees,
inc ing bank deposits, made with respect to business
_ condu d at or otherwise derived from the premises. Such .
books a records shall include _such records of gross sales .
as would Ymally be examined by an accountant pursuant to
generally a ted auditing standards in performing an audit
on Tenant's g- s fees. On or before the thirtieth (30th)
day of each mon Tenant shall furnish to District a true
and accurate stat nt for each preceding month, of all
gross fees during s preceding month, which statement
shall be certified by responsible representative of Tenant
to be correct. Tenant a eets to give District access during
normal business hours to h books and records. Tenant
shall keep and preserve for least two (2) years after the
end of each calendar lease Ye all bank books, or duplicate
deposit slips, and other eviden of such fees for such
year, and shall keep and preserve r at least two (2) years
after expiration of the term thereo 11 license agreements
and other agreements granting to a cu mer of Tenant any
rights whatsoever respecting the Improve nts or any equipment
therein. District shall have the right a ny time and from
time to .time to audit all of the books of ad unt, bank.
statements, documents, records, returns, pape and .files
of Tenant relating to gross fees, and Tenant on quest by
District shall make all such matters available fo uch
examination at Tenant's principal place of business; rovided
that, if Tenant's principal place of business is situ d in
a location which is more than fortyp (40) miles from Dis 'ct's
principal place of business, which is currently located i
Los Altos, California, then Tenant shall make such informa-
3.
an
't made for any year and the gross fees shown by Tenant' s
sta nt for such year shall be found to be understated by
more t wo percent (2%) , then Tenant shall pay to District
the cost o ch audit. District's right to have such an
audit made wi spect to any year shall expire twelve (12)
months after Tenar" statement for such year shall have
been delivered to Dis t. District shall have the right
to terminate this Lease u notice to Tenant if there
should be more than two (2) 'ts during the term of this
Lease which reveal understatemen f gross fees by Tenant
by more than two percent (2a) . The "lease year" means
the period during the Lease term co en on January 1 in
each year and ending at midnight on the 31s December
next occurring, except that the first lease ye hall
co,.mmence at the start of the Lease term and shall at
midnight on the 31st of December next occurring, and t
P G
term. ,
sha ve no force or effect whatsoever for purposes of
this Lea and percentage rent shall be payable by Tenant
to District uant to paragraph 5 below. Notwithstanding
the foregoing, i parties have deleted paragraph 5 from
this Lease prior to execution hereof, or if paragraph 4
has been activated by Di t pursuant to the provisions of
paragraph 5(c) , then Tenant s pay percentage rent to
District pursuant to the provisio this paragraph 4, and
paragraph 5 of this Lease shall have rce or effect for
purposes of this Lease. It is the intent` f the parties
that Tenant_ pay percentage rent to District a . times
during the Lease term, either pursuant to paragrap or
pursuant to paragraph 5; provided that, in no event s �
Tenant be required to pay percentage rent to District purs
AL
Ten sha pay,to District on, or before the thirtieth
(30th y following each calendar month during the term of
this Lea ercentage rent equal to the product of .
Dollars ($ ) multiplied by the aggregate number
of customers o enant during such month. There shall be
deducted from th ercentage rent due and payable by Tenant
to District an amou equal to the Fixed Minimum Rent payable
by Tenant to District r such calendar month, as determined
pursuant to paragraphs 3 and 3(b) above.
(a) ' The term "cult rs" means all persons,
corporations, partnerships, and er' entities of whatsoever
nature directly or indirectly util g in any way the
services or equipment of Tenant locat on or about the
premises, whether or not a fee or charge paid for the use
thereof. Each individual person directly indirectly
receiving benefit from or otherwise utilizing ch services
and equipment shall be counted as a customer. 'ect to
the following, each shareholder, employee, and cus er of a
corporation, each partner, employee, and customer of
partnership, and each member, employee, or customer of
other entity, . directly or ,indirectly receiving benefit fro
- i
4.
to ution of this Lease, agree upon the number of customers
Tenant be deemed to have as of the commencement of the
Lease term. in ten (10) days after Tenant shall enter _
into a customer .unship with any individual, corporation,
partnership,. or other .ty with respect to Tenant' s business
derived from the premises, nt shall notify District of
such new entity and shall provi ' strict with such informa-
tion about such entity as shall ena ' strict to determine
the number of customers to be attribute uch entity for
purposes of calculating percentage rent pursu o this
paragraph 5. District's determination of the num
customers to be attributed to any such new entity shaPr
e and complete records and accounts of all of its custo-
me and of all business conducted at or otherwise derived
.fro a premises. On or before the thirtieth (30th) day of
each nth, Tenant shall furnish to District a true and
accura statement of the number of all customers of Tenant
during preceding month, which statement shall be certi-
fied by P a s onsible representative of Te
nant to be correct.
Tenant agre to give District access during normal business _
hours to such ecords and accounts. Tenant shall keep and
preserve for a east two (2) years after the end of each
calendar lease r all evidence of such customers and of
its business tran tions for such year. District shall
have the right at a time and from time to time to inspect
all of the books of count, bank statements, documents,
records, returns, pap e , and files of Tenant relating to
such customers and Tena 's business transactions, and
Tenant on request by Dis 'ct shall make all such matters
available for such examina X on _at Tenant's principal place
of business; provided that, Tenant's principal place of
business °is situated in a loc 'on which is more than forty
f (40) miles from District's psi `pal place of business,
which is currently located in Lo ltos, California, then
Tenant shall make such information nd materials available
to District at District's principal ace of business. If
District shall inspect such materials nd. shall determine
that the number of customers shown by ant's statements
for such year is understated by more tha two percent (2%) ,
then Tenant shall pay to District all cos incurred by
District in making such inspection. . Distri shall have the
.right to terminate this Lease upon notice to enant if there
should be more than two (2) inspections durin .he term of
this Lease which reveal understatements by Tena of the
• number of Tenant's customers by more than two pe nt (2a) .
The term "lease year" means the period during the -ase term
commencing on January 1 in each year and ending at ight
on the 31st of December next occurring, except that t
first lease year shall commence at the start of the Lea
term and shall end at midnight on the 31st of December n t
occurring, and except that the last lease year shall end
i _♦ Y tee.. .,�:. rF- e�5 f-1,nr T1, i^ nx __TAri�riI__ C1a11
r1Y_A21 7'AA SC'�Tt }1P _Qm _
a
p uant to this paragraph 5, such party s d
halt be entitle
to e by written notice to the other party thereof, that
Tenant ercentage rent in accordance with the provisions
of paragrap hereof. In the event either party shall so
elect to make entage rent payable in accordance with
paragraph 4, then .nning with January 1 of the calendar
year during which suc ection is made, percentage rent
under this Lease shall b' able by Tenant to District in
accordance with paragraph 4 his Lease, and this para-
graph 5 shall have no further or effect whatsoever.
To the extent the calculation of pe tage rent pursuant to
paragraph 4 results in Tenant having o aid District for
the period of time elapsing prior to any election,
District shall credit such amount to Tenant's t due
percentage rent payments. To the extent such ca ration
results in Tenant having underpaid District for suc iod
of time, - Tenant shall within thirty (30) days after any h
shy provide to District a lease bond as security for the
fai 1 performance Tenant of each and all of its obliga-
tions eunder. Said lease bond shall be issued by a
. .bonding pany satisfactory to District, in form and content
satisfacto to District, and shall be payable to District
upon demand District to the bond issuer in accordance
with. the prove .ons of this paragraph. If Tenant fails to
pay rent or othe charges due hereunder, or otherwise defaults
with respect to an rovisions of the Lease, District shall
be entitled to make demand upon said bond issuer for the
amount of any rent or er charge with respect to which
Tenant is in default, or o compensate District for the
payment of any other sum w 'ch District may become obligated
to spend by reason of Tenant default, or to -compensate
District for any expenditures, oss or damage which District
may suffer thereby, including bu - not limited to. costs
incurred by District to repair dam a to the premises, _ or to
clean the same and restore the premi s to its original
- grasslands condition upon expiration o - sooner termination
of the term of this Lease. If District demands payment
from the bond issuer in accordance with th foregoing,
Tenant shall within ten (10) days after wri n demand
therefor obtain an additional bond or suppleme the existing
bond so that the amount of the bond available t istrict
shall be restored to the full amount hereinabove ted, and
Tenant's failure to do so shall be a material breac f this
Lease. The term of said bond shall continue througho the
entire term of this Lease, and shall not expire or term to
until at least thirty (30) days after the later of the
expiration of the term of this Lease, or the date on which
7., . Taxes. Tenant shall pay any and all possessory
taxes levied against the premises and/or the Improvements
during the Lease term. Tenant shall pay such taxes at least
ten (10) days prior to delinquency thereof, and shall promptly
thereafter deliver -to District written receipts or other
reasonable evidence. of the payment thereof.
6.
$. Use. .
(a) The premises may be used for purposes of
constructing the Improvements and operating and maintaining
the Improvements for transmission and reception of electro-
magnetic and other communications signals, and for all
lawful uses incidental thereto, and for no other purpose
without District's prior written consent. Tenant shall not _
use the premises or permit anything to be done in or about
the premises which will in any way conflict with any statute,
ordinance, rule, regulation, or other statement of lawful
governmental authority now in force or which may hereafter
be promulgated (collectively "regulations" ), and shall at '
its own expense abide by and comply with any and all such
regulations regulating the use of the improvements. Such
regulations shall be deemed to include the "Regulations for
-Use of Midpeninsula Regional Open Space District Land" and
Item No. 3 of the Midpeninsula Regional Open Space District
Basic Policy attached hereto as Exhibit "C" and incorporated
herein by this reference.
(h) Notwithstanding the foregoing, District
d to s e
es e t on the remises an use th..
resew the right to -enter p
same (except for the Improvements) in any manner District
-shall desire, including without limitation for purposes of '
constructing, installing, operating, maintaining: repairing,
replacing, altering, and moving pipelines, conduits, culverts,
ducts, fences, ' power and communication poles and lines, and
roads, or for grazing purposes, and District reserves the
right to grant easements over, across, under, or upon the
premises, or for ingress and egress thereto, or for any
other purpose, provided only that any such use by District
and District's granting of any such easements shall not
result in anv unreasonable interference with the conduct of
Tenant's business on the .premises.
9. Access to Premises.
(a) District hereby grants 'to Tenant a non-exclusive
revocable license permitting Tenant and Tenant' s authorized
agents, employees and contractors to use a segment of that
certain road providing access to the premises, which. segment
is situated on land owned by District and is more particularly
shown. outlined in red on Exhibit "D" attached hereto and
incorporatted herein by this reference (the "License_Area") .
(b) The License Area shall be used by Tenant, if
at all, only for purposes of obtaining ingress to and egress
from the premises in order to install or construct the
Improvements, or to operate, maintain, repair, alter or
inspect the improvements from time to time, and for no other
purposes whatsoever. Tenant shall exercise its. access
rights pursuant to the license granted herein only in such
manner as will minimize erosion or other damage to "the . "
. I
i
7.
License Area, and shall refrain from using the same to the
extent reasonably practicable when weather conditions shall
render the License Area subject to greater than normal
erosion or other damage. Tenant shall not permit trucks
and/or other machinery or equipment weighing in excess of
ten (10) tons to use the License Area.
(c) Tenant shall, at Tenant's sole cost and expense,
repair all damage to the License Area, as well as all damage
to improvements within or adjacent to the License 'Area designed
to protect the surface of the License Area such as water drains,
berms, or culverts, caused by use of the License Area by Tenant
or its agents, employees, or contractors. Tenant shall be
liable for any damage to the License Area and its immediate
surroundings arising from its use thereof, or its repair or
failure to repair the same as hereinabove required.
(d) Tenant hereby expressly acknowledges that District
does not warrant or otherwise guarantee to Tenant continuous
access to the premises by way of the License Area or otherwise.
Notwithstanding the foregoing sentence, District shall use its
best efforts to provide access to the premises across other
land owned by District in the event the License Area shall be
rendered impassable due to causes beyond the reasonable con-
trol of Tenant, or if District shall for any reason terminate
the license herein granted, provided only that Tenant agrees
to pay any and all additional expenditures incurred by District
as a result thereof. In emergency situations where Tenant may
require access over other District owned land, Tenant shall
provide District with forty-eight hour (48) notice of their
need to use said emergency access. Any permits, licenses or
easements as may be required from time to time in order to
cross over lands not owned by District in order to gain access
to the premises shall be obtained by Tenant at -its sole cost
and expense. Any and all access across the License 'Area shall
terminate automatically without notice and without need for
further documentdt'ion upon the expiration or sooner termination
of the Lease Term.
10. Maintenance and Repair. Tenant acknowledges that
it has inspected the premises , and Tenant accepts the premises
leas is" in the condition existing as of the Commencement Date.
Tenant shall, at Tenant's expense, maintain the premises and
the Improvements in good, safe and sanitary condition, order
and repair, and shall keep the premises free from trash and
other debris. Tenant shall promptly remove from the premises
any vehicles, machinery, equipment or other items which Tenant
from time to time no longer uses in the conduct of its business
on the premises. Tenant agrees that any cutting of grass during
the dry months shall be accomplished through mowing and not-
blading of the premises.
11. Alterations.
(a) Tenant shall not make or permit- to be made any
structural alterations, additions or improvements ("altera-
tions") to or of the premises or the Improvements or any part
thereof without the prior written consent of District, which
consent may be given or withheld in District 's sole discretion.
(b) District shall be entitled to review and accept
or reject the design of all alterations which Tenant may '
desire to make on. the premises. Prior to commencing construc-
tion or installation of any alteration the design of which
District determines is acceptable, Tenant shall deliver to
District detailed plans and specifications for such
8.
construction or installation and obtain District 's consent
thereto, which consent shall not unreasonably be withheld.
(c) All construction or installation work per-
formed by Tenant or caused to be performed by Tenant in, on
or about the premises shall comply in all respects to all
applicable statutes, ordinances, building codes, rules and
regulations, including but not limited to fire, safety, and
construction standards of lawful governmental authority, and
shall furthermore comply with District's open space use and
management guidelines then in effect.
(d) Any consent given by District pursuant to
this paragraph 11 shall not constitute implied consent to
any subsequent alteration upon or to the premises or the
Improvements, but shall apply only to those items or matters
for which consent was expressly requested.
(e)~ Tenant shall notify District at least ten (10)
days in advance of an construction on the remises and
Y P Y
District shall be entitled to post on the premises notices of
non-responsibility in favor of District prior to commencement
of any such construction.
(f) Title to the Improvements and to all altera-
tions constructed or installed on the premises shall be and
remain vested in Tenant until the expiration or sooner
termination of the term of. this Lease, whereupon title
thereto shall pass to and vest in District, without cost or
charge to District, and Tenant shall at Tenant's expense
promptly discharge and pay in full any encumbrances, liens
and debts incurred by or created by Tenant with respect to
such Improvements and alterations.
(g) It is understood that minor adjustments to the
premises (e.g. ,- relocation, removal or addition of antennas on
the existing tower, alterations requiring no construction or
substantive modification of design) occurring during the course
of day-to-day operations. shall not be required to undergo the
aforementioned design review-and approval process.
12. Liens. Tenant shall keep the premises free from
any liens arising out of any work performed, materials
furnished or obligations incurred by Tenant.
13. Utilities. Tenant shall pay directly to the
charging authority promptly as the same become due all bills .
for any and all services and utilities supplied to the
premises, including but not limited to telephone, water, gas,
electricity and garbage removal. Tenant shall at Tenant's
sole expense install all electric lines or other utility
conduits to the premises across land owned by District.
Except for the high voltage (i.e. , 500 KVA) electric lines
which currently cross over Black Mountain, all such lines
and conduits shall within three (3) years after the Commence-
ment Date be installed underground at a depth of at least
the minimum depth required by applicable statutes, ordinances,
rules, regulations, codes or other statements of lawful
governmental authority. Tenant shall after installation
thereto restore any land altered by such installation to the
same condition existing prior to such installation at Tenant's
sole cost and expense.
14. Waiver of Claims and Indemnification. Tenant waives .
all claims against District for loss of business or for
damage to property, including the Improvements and any
9.
alterations th( to and any equipment or .hinery therein
or injury or dew,h to persons occurring iii, on, or about the
premises, the Improvements, or the License Area, from any
cause arising at any time, except as may be caused by the
negligence or willful misconduct of District. Tenant hereby
indemnifies District and holds District exempt and harmless
from and against any damage to property or injury or death
to persons arising from the use by Tenant of the premises,
the Improvements, or the License Area, or from the failure
of Tenant to keep the premises, the Improvements, or- the
License Area in good and safe condition as herein provided.
District shall not be liable to Tenant for any damage,
injury, or death arising out of the act or negligence of any
owner, occupant, or user of any property adjacent to or in
the vicinityof the �
premises and not owned by District.
Tenant sh
all a s for all damage to the remise and surrou
nd-
ing areas caused by its invitees, licensees, agents, and
contractors.
15. Insurance. `
(a) Tenant, at Tenant's sole expense, shall
obtain and keep in force during the term of this Lease a
general liability insurance policy with an insurance company
satisfactory to District, protecting District and Tenant
against any and all liability arising from Tenant's use of
the premises, the Improvements, or the License Area, or from
any occurrence in, on, about, or related to the premises,
the Improvements, or the License Area with a "single combined
property damage and personal injury limit of One Million
Dollars ($1,000, 000) . All such public liability insurance
shall insure performance by Tenant of the indemnity pro-
visions of paragraph 14 'hereof, and the policy shall contain`
a cross--liability endorsement. Tenant agrees to furnish a
certificate of such insurance to District naming District as
an additional insured on or prior to the Commencement Date,
and again upon any renewal or modification of such.-. insurance.
No such policy of insurance shall be cancellable or subject
to reduction ofcoverage or other modification except after
thirty (30) days prior written notice to District. The
limits of said insurance shall in no event be deemed to
limit the" liability of Tenant hereunder.
(b) District shall have no obligation to insure
against loss to Tenant's leasehold improvements, fixtures, .
machinery, equipment, or other personal property in or about
the premises occurring from any cause whatsoever, and Tenant "
shall have no interest in the proceeds of any insurance
carried. by District.
16. Assignment and Subletting. Tenant shall not assign
this Lease or sublet the premises, or any interest therein,
without the prior written consent of District, which consent
shall not be unreasonably withheld. A consent by District to
one assignment or subletting shall not be deemed to be a consent
to any subsequent assignment or subletting. An assignment or
subletting without the prior written consent of District, or
any assignment or subletting by operation of law, shall be void
and shall, at the option of. District, terminate this Lease.
Tenant shall, during the term of this Lease, encumber only its
interest in the premises by mortgage or deed of trust or other
security instrument, or otherwise use the premises as security
for any indebtedness of solely- Tenant. Subleases will be
reviewed at the end of each five year option period to determine
their proportionate share relative to increases in the Fixed
Minimum rent.
10.
17. Default.
(a) The occurrence. of any of the following shall
constitute a material default and breach of this Lease* by
Tenant:
(i) The abandonment of the premises by
Tenant;, or
(ii) A failure by Tenant to observe and
perform any provision of this Lease to be observed or per-
formed by Tenant.
(b) . In the event of any such default by Tenant, _
and in addition to any other remedies available to District
at law or in equity, this Lease and all rights of the Tenant
hereunder shall be terminated upon delivery by District of
notice of such termination to 'Tenant. Upon such termina-
tion, District may recover from Tenant all amounts to which
District may be entitled pursuant to Section 1951.2 of the
California Civil Code, or any successor statute hereinafter
enacted, including but not limited to (i) the worth at the
time of award of the amount by which the unpaid rent for the
balance of the term after the time of award exceeds the
amount of such rental loss for the same period that Tenant `
proves could be reasonably avoided, discounting such amount
at the discount .rate of the Federal Reserve Bank of San
Francisco at the time of award plus one percent (1%) , and
further including (ii) any other amount necessary to compen-
sate District for all the detriment proximately caused by
Tenant's failure to perform Tenant's.obligations under this
Lease or which in the ordinary course of things would be
likely to result. therefrom, including but not limited to all
expenses incurred by District in connection with- demolishing
all structures on the premises and removing the debris
therefrom, and removing any other property Left by Tenant on
the premises, and restoring the premises to its natural
grassland condition.
(c) In addition to the remedies provided above,
in the event Tenant shall fail to perform any obligation to
be performed by Tenant under this Lease, or shall fail to
pay. any sum required to be paid by Tenant under this Lease,
District may,- but shall not be obligated to do so, 'perform
or- pay the same or cause the same to be performed or paid,
. and Tenant shall promptly upon demand by District therefor,. _
reimburse to District all costs reasonably incurred by
District in* connection therewith, together with interest on
such sums at the lower of fifteen percent (15%) per annum or
the highest rate then permitted by law from the date incurred
by District until repaid in full by Tenant_
11.
I
18. Entry Dy District. In addition zo such rights to
use the premises as are reserved by District in paragraph a(b) ,
District shall, at any and all reasonable times and upon
reasonable notice, have the right to enter onto the premises
and into and onto the Improvements to inspect the same, to
exhibit the premises to prospective purchasers or tenants, -
to post notices of non-responsiblity, and to alter, improve
or repair the premises, all. without abatement of rent payable
by Tenant hereunder. Tenant hereby waives any claim for
damages for any loss of occupancy or quiet enjoyment of the
premises occasioned thereby. ' _
19. Waiver. The waiver by District of any breach of
any term, covenant, or condition herein contained shall not
be deemed .to be. a waiver of such term, covenant, or condition
or any subsequent breach of the same or any other term,
covenant, or condition herein contained. The subsequent
acceptance of rent hereunder by District shall ,not be deemed
to be a waiver of any preceding breach by Tenant of any
term, covenant or' condition of this Lease, other than the
failure of Tenant to pay the particular rent so accepted.
20. Surrender of Premises.
(a) At the expiration or sooner termination of the
Lease term and upon written request by District (to be made no
later than ten (10) days after the date of such expiration or
sooner termination) , Tenant. shall, at Tenant's sole cost and
expense, demolish the Improvements and remove the debris re-
sulting therefrom as well as any and all equipment, vehicles,
machinery or other devices remaining on or about the premises..
Tenant shall be entitled, without obtaining District's prior
consent, to remove all furniture and trade fixtures from the
premises or the Improvements at, the expiration or sooner ter-
mination of the Lease term, provided any damage occasioned
thereby is promptly repaired by Tenant at Tenant's sole cost
and expense (unless District expressly waives the need for such
repairs) . Upon demolition and/or removal by Tenant of such
Improvements, furniture, trade fixtures, vehicles, machinery
and other devices on the premises , Tenant shall at its sole
expense restore the premises to a condition of natural grass-
land to the reasonable satisfaction of District. Said restora-
tion shall be accomplished within six (6) months following ter- i
mination of this Lease, which time period may be extended by
mutual written agreement of the parties hereto. Tenant shall
commence said premise restoration within sixty (60) days after
the end of the Lease term. If Tenant shall fail to so demolish
and remove the items listed above, and thereafter to restore
the land affected thereby to its natural grassland condition,
all within the time limits as specified hereinabove, District
shall be .entitled to perform such work at Tenant 's expense.
The obligations of Tenant and rights of District set forth in
this paragraph 20 (a) shall survive the termination of this Lease.
(b) Tenant hereby specifically waives any rights to,
and releases District from any and all claims for relocation
benefits and/or relocation payments to which Tenant might other-
wise be entitled pursuant to California Government Code Section
7260 et seq. , and any similar or successor statutes. Tenant
shall hold District harmless from and indemnify District against
any and all liability, cost, and expense suffered or incurred
by District and arising in connection with any such right or
claim.
12.
i
21.. Holding Over. Any holding over after the expires-
' tion of the term., dfh the consent of District- shall be
construed to be a tenancy from month to ri:on th on the same
terms and conditions specified herein so far as applicable.
22 . Option to Extend Term.
(a) District hereby grants to Tenant an option to
extend the term of. this Lease for an additional period of
five (5) years upon expiration of the initial five-year terra
of this Lease, and Three ( 3 ) additional options each
to extend the term of this Lease for one additional period
of five (5) years upon expiration of the immediately preced-
ing five (5) year period, so that the maximu_,t tent of this
Lease, including the initial five years of this lease, shah
be a total of Twenty-f ive( 25 ) years. Each of said Four
( 4 ) options to extend the term for an additional live-year
period shall -be exercised by Tenant, if at all, by Tenant' s
delivery of notice of exercise of such option to Dis trio at '
: least three (3) months, but not more than six (6) months, _
prior to expiration of the Lease term (as extended, if at '
all, from time to time) . ' Each of said five-year extension
periods shall be on all the provisions contained in this
Lease, except for the rent, which shall be adjusted as
provided in paragraph 22(b) below. Notwithstanding the
foregoing, if Tenant is in default hereunder on the date of
delivery of any option notice required to be given in order
to exercise an option, said option notice shall be totally
'ineffective, or if Lessee is in default on the date the
extended term referred to in any such option notice is to
commence, such extended term shall not conmence and this
Lease shall exnire at the end of the tent during which such
option notice is given. Tenant shall not be entitled to
exercise any o= the options to extend following the first `
option to extend unless each and all of the preceding options
4 to extend have been properly exercised in accordance with
the p-rovisions of this paragraph 22(a) . In.the .event :the
• terW= o= thi s Lease shall for any reason "expre or terminate,
all options to extend which have not then been exercised
shall be deemed to terminate upon such expiration or sooner
to mi ination, and shall thereafter be of no further force or
effect. The options to extend granted by District to Tenant`
pursuant to this paragraph 22(a) are- personal to Tenant and
shall not be exercised by or assigned, voluntarily or involun--
tarily, to anyone other. than Tenant. Any assic�mment of one
or more of said options to extend without District's prior
written consent shall'be void. After Tenant's exercise of
any one or more of said option's `to extend, all references in
this Lease to the term shall be 'considered to mean the terra
as extended, and all references to expiration or termination
of the term of this Lease shall be considered to mean the
expiration or termination of the term as .extended.
• (b) upon exercise by Tenant of any of the pour
( 4 ) options to extend the Lease term for a period of f
(5) years granted pursuant to paragraph 22(a) above, the
• parties shall have thirty. (34) days after District receives
the option notice' exercising said option during which to
• agree upon the amount of Fixed Minimum Rent to be payable
_ , 13. _ . • _
• upon commencement of the extended term referred to in said
notice (which Fixed Minimum Rent shall continue . to be subject
to annual adjustment pursuant to paragraph 3 (b) above) _ If
the parties agree upon the amount of Fixed -2hinimum Rent for
the first year of said extended term, they shall immediately
thereafter execute an amendment to this Lease stating the
amount thereof. If the parties are unable for any reason to
agree upon the amount of Fixed Minimum Rent within said thirty
(30) day period, the amount of said Fixed Minimum Pent shall
be established through mutually binding Arbitration. Prior to
sixty (60) days before the expiration of the Lease term, Tenant
shall elect an Arbitrator and shall communicate in writing the
name of the Arbitrator to District. District shall have ten
(10)' days to select an Arbitrator and communicate the name of
the same in writing to Tenant. The two Arbitrators so selected,
shall select a third Arbitrator and all Arbitrations shall be
completed prior to the expiration of the term of this Agreement. .
A decision of the majority of the Arbitrators shall be binding
on both parties. The costs of Arbitration shall be born equally
by the parties and such Arbitration shall be conducted in
accordance with the rules of the American Arbitration Association.
23. Notices. All notices, statements, demands, requests,
approvals, or consents (collectively "notices" ) given here-
under by either party to the other shall be made in writing
and shall be served personally or by first class mail,
certified or return receipt requested, postage prepaid, and
addressed to the parties as follows:
• DISTRICT:
M dpaninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los 3l tos, California 94022 -
-
Gill Industries
• 1302 North First Street
San Jose, CA 95112
or to such other address as either party may have -furnished
to- the other as a place for the service of notice. Any
notice .so served by mail shall be deemed to have been deliv--
.. ered three (3) days after the date posted.
. 24. Attorneys' Fees. If any action at law or in
equity.shall be brought to recover any rent under this
Lease, or for or on account of any breach of or' to enforce
or interpret any of the provisions of this Lease, or for the
recovery of the possession of the premises, the prevailing
party shall be entitled to recover from the other party a
reasonable attorneyst fees, the amount of which shall be
fixed by the court and shall be made a part of any judgment
rendered.
- - 25. General.
(a) This Lease contains all of the terms, coven-
ants,. and conditions agreed to by District and Tenant, and
. this :Lease may not be modified orally or in any manner other
than by an agreement in writing signed by all of the parties
to this Lease or their respective successors in interest_
• 14. III
r�
(b) The covenants and conditions hereof, subject
to the provisions as to subletting and assignment, shall
inure to the benefit of and bind the heirs, successors,
executors_, administrators, sublessees, and assigns of the
parties.
(c) All persons who have signed this Lease shall
be jointly and severally liable hereunder. -
(d) When the context of this Lease requires, the
masculine gender includes the feminine, a corporation, or a -
partnership, and the singular number includes the plural_
(e) The captions of this Lease are for convenience
only and are not a part of this Lease and do not in any way
limit or amplify the terms and provisions of this Lease.-
(f) This Lease shall be governed and construed in
accordance with the laws . of the State of California. .
(g) Time is of the essence as to all of the
provisions of this Lease as to which time of performance is
a factor. - -
IN WITNESS •WHEREOF, the parties hereto have executed .
this Lease as of the date first above written.
MIDPENINSULA REGIONAL OPEN SPACE TENANT:
DISTRICT GILL INDUSTRIES
A CALIFORNIA CORPORATION
APPROVED AND ACCEPTED.
BY -
President,- Board of Directors l Title:
Date Date
ATTEST:
BY
Clerk of the Board of Directors Title:
Date Date
i
%,. OF
A, AiIL
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
The entire lease document is available at the District office to anyone
wishing to review it.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 6, 1983
TO: Board of Directors
FROM: N. Grench, General Manager
RESPONSIBILITY & PREPARATION: D. Hansen, Land Manager
SUBJECT: Ordinance Changes and Cristo Rey Drive Signing Information
The above items had been scheduled for your review at the May 11 meeting; however,
they have been rescheduled for your May 25 meeting due to other more pressing items
requiring immediate staff attention.
II
i
a► s
MLDPENINSU.LA REGIoNAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: F.Y. 1.
DATED: 5 6 83
DRAFT #2
DRAFT AGENDA ITEMS
Meeting Date: May 11, 1983
Category Time Title ;same on Ft�e7�nsibilitv
eport States
(min.) c1
OBWAR 1 5 Final option of Monte Bello Da
Use and anaoement Plan David
Hassler
4 NBWAR 2 45 esalution Craig Craig/David
3 15 ernandez Acqu' ition Craig David
esolution
4 10 Gill Cab Lease Craig Bill?
[Resol-
U on
f
Res ution Regarding Code of
5 5 C' i1 Procedure Stan Stan
solution
" 6 Cristo. Ray-Drive Signing avid David
IS
I IQ�a w�
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
j (415)965-4717
April 28, 1983
Ms. Margie R. Stephens
511 Blueberry Terrace
San Jose, CA 94129
Dear Ms. Stephens:
At its meeting last night the District's Board of Directors considered
your letters of April 14.
h
David Hansen or another of Land Management staff will be in contact
with you to explore your ideas with you, or feel free to give David a
call .
Thank you for your suggestions.
Sincerely yours,
Herbert Grench
General Manager
HG:ej
cc: MROSD Board of Directors
D. Hansen, Land Manager
Herbert A.Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko.Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Department of Planning and Development
;ounty Government Center,East Wing
70 West Hedding Street
San Jose,California 95110
County of Santa Clara (408) 299-4132 ,,
Callfornla
April 29, 1983
Herbert Grench, Gen. Mgr.
Midpeninsula Reg. Open Sp. Dist.
375 Distel Circle, Suite D-I
Los Altos, CA 94022
Dear Mr.
Attached is a copy of the report on the Cost Revenue Analysis of the County's urban
development policy, which was directed by the Board of Supervisors to be prepared for its
April 26 meeting. It was briefly presented to the Board at the April 26 meeting and was
rescheduled for Tuesday, May 3. Sally Reed, County Executive, has sent copies to all city
managers.
The report focuses on but one aspect of what we all recognize as a highly complex set of
issues, since it was done on a short schedule with limited staff. Nevertheless, it reveals
that the County may well receive a beneficial net revenue from certain types of
development in the unincorporated area.
I recognize the challenge which a potential change in County Land Use Policy presents to
our local agencies, particularly those with unincorporated lands within theirs here of
influence. At the same time, it is apparent that the County has pursued a city-oriented
land use policy that has given it a smaller unincorporated tax base than other California
counties. Before Proposition 13, this made little difference. Now it has emerged as a
critical issue.
I hope that our special districts, cities and County can negotiate some equitable basis for
funding adequate public services that allows us to maintain our current approach to
managed urban growth.
While this report focuses on city/county development relationships, I know that
development in the unincorporated area would require the service of our special districts.
I would appreciate receiving your comments regarding how the material in this report
would impact your district and your suggestions of questions needing further attention. I
look forward to the opportunity to further explore the implications of this study with you
and determine what directions may be taken to resolve these issues.
Sincerely,
C
E. k Schoop, Director
Dept. of Planning & Development
EJS:ad
Attachments
An Equal Opportunity Employer
ad#9;SDMGRS
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
April 27, 1983 Identical letters were sent to:
Senators R. Beverly
E. Davis
J•. Doolittle
Honorable Barry Keene, Chairman W. Lockyer
Senate Judicriary Committee N. Petris
State Capitol R. Presley
Sacramento, CA 95814 A. Torres
D. Watson
Dear Senator Keene:
Senate Bill 575 (Foran) will be before the Senate Judiciary Committee
soon. This bill , pertaining to joint and several liability, could be of
great help to local agencies, private individuals and corporations. As
it stands now, a defendant in a case involving two or more defendants
can be held responsible for 100% of a plaintiff's noneconomic damages
even though the defendant was found to be as little as 1% negligent in
a personal injury action. The bill would retain this element of the
law for medical and other economic damages, but would hold the defen-
dant only responsible for the share of pain and suffering (noneconomic)
damanges for which the defendant was found to be responsible.
The District's Board of Directors strongly supports SB 575, particularly
in view of the history of large awards for personal injury over the last
several years. Public entities' pockets, once thought to be deep by
many people, are also practically empty these days!
We hope you too will support SB 575. Thank you for your consideration.
Sincerely,
Herbert Grench
General Manager
HG:ej
cc: MROSD Board of Directors
R. Heim, California Advocates ,
R. Trudeau, E'a`st Bay Regional Park District
Assemblymen Konnyu, Naylor, and Sher
Senators Foran, Alquist, and McCorquedale
Herbert A.Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green.Nonette G.Hanko,Richard S.Bishop.Edward G.Shelley.Harry A.Turner.Daniel G.Wendin
:ntical letters were sent to
V Assemblymen Sher and Naylor
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1.LOS ALTOS,CALIFORNIA 94022
(415)965-4717
April 28, 1983
Honorable Ernest Konnyu
California State Assembly
State Capitol
Sacramento, CA 95814
Dear Assemblyman Konnyu:
Assembly Bill 555, relating to public liability and authored by Assembly-
man Campbell is expected to be on the Assembly floor soon.
On behalf of the Board of Directors of the Midpeninsula Regional Open Space
District, I would like to offer this District's strong support of the
i measure. Hazardous recreational activities such as swimming and divina,
horseback riding, hang gliding, etc. are in heavy demand by the public. In
the face of large court verdicts, high insurance -cos.ts,and scarce-funding
that public agencies are facing, immunities to liability from accidents
arising from these kinds of activities must be granted, or the recreational
opportunities will have to be curtailed further.
We respectfully urge your passage of AB 555.
Sincerely yours,
Herbert Grench
General Manager
HC,:ej
cc: Assemblyman Campbell
MROSD Board of Directors
R. Heim, California Advocates, Inc.
R. Trudeau, East Bay Regional Park District
Senator Alquist
Senator McCorquodale
i
Herbert A.Grench.Genera!Manager
Board of Directors:Katherine Duffy.Barbara Green,Nonette G.Hanko.Richard S.Bishop.Edward G Shelley.Harry A.Turner.Daniel G Wendin
SACRAMENTO ADDRESS
State Capitol
Sacramento,California 95814
(916)445.8188
DISTRICT OFFICE
San Carlos City Hall
Second Floor Ta-lifornia Etqtstaturt
666 Elm Street
San Carlos,CA 94070
(415)591.5544
ROBERT W. NAYLOR
ASSEMBLYMAN.TWENTIETH DISTRICT
ASSEMBLY REPUBLICAN LEADER
April 29 , 1983
Mr. Herbert Grench
General Manager
Midpeninsula Regional Open
Space District
375 Distel Circle Drive D-1
Los Altos , CA 94022
Dear Mr. Grench:
Thank you for sending me copies of your letters
to Senators McCorquodale and Marks. I appreciate
your continued input on a variety of issues.
As you know, both SB 617 and SB 431 are pending
in the Senate Local Government Committee. Rest
assured, when they come before I will carefully
consider your comments.
Once again, thanks for your letter.
Sincerely,
<TA'*00 1
ROBERT W. AY OR
RW-N:ny
George Deu ejian
OFFICE OF THE SECRETARY GOVERNOR OF Air Resources Board
RESOURCES BUILDING Colorado River Board
CALIFORNIA San Francisco Bay Conservation and
1416 NINTH STREET Development Commission
95814 Solid Waste Management Board
$a•` �` State Lands Commission
(916) 445-5656 "'t$j`.> State Reclamation Board
State Water Resources Control Board
Department of Conservation v+16St Regional Water Quality Control Boards
Department of Fish and Gamef,�;; Energy Resources Conservation and
Department of Navigation and Development Commission
Ocean Development °+ ,._N,� California Coastal Commission
o
P oR
Department of Parks and Recreation California Conservation Corps
Department of Water Resources State Coastal Conservancy
Department of Forestry
THE RESOURCES AGENCY OF CALIFORNIA
SACRAMENTO, CALIFORNIA
APR 2 5 1983
Honorable Ernest L. Konnyu
California State Legislature
State Capitol
Sacramento, CA 95814
Dear Assemblyman Konnyu:
Gordon Duffy has kindly forwarded your letter and those sent to several Senators
by Herbert Grench, General Manager of the Midpeninsula Open Space District, on
the Urban Forestry Program to me for a response.
I
The Urban Forestry Program under the Department of Forestry has been funded by
the Forest Resource Improvement Fund since its establishment in 1980. The rev-
enue source for this fund is the net receipts from the State Forest timber sales;
10% of which are earmarked for urban forestry. In 1982-83 an additional $535,000
was appropriated ro riated from the Renewable Resource Investment Fund (RRIF) . The total
programi P Y was for $910 000 and 10 person ears. This sum consisted of approximately
$340,000 for salaries and operating expenses and $570,000 for grants to cities,
counties, and non-profit organizations for planning, education) tree planting,
and tree maintenance in urban areas.
Due to the budget crisis, a freeze which was imposed on January 3, 1983, prevented
the awarding of grants from RRIF totaling approximately $320,000.
The decision was made by the incoming administration that the Urban Forestry
Program was a low priority program which could be foregone in this time of finan-
cial crisis, despite the fact that no general fund monies were being expended.
Since that time, we have received a considerable number of letters and inquiries
as to the rationale for eliminating the program.
Our position has been modified somewhat in that we now support retaining the
authority for the program, and propose to submit a BCP for the__1924-85 fiscal
year reinstating at least a significant part of the program. We have notified
` Honorable Ernest L. Konnyu -2-
APR 2 5 1983
Director of Finance Michael Franchetti that we oppose the deletion of the authority
for the urban forestry program as proposed in AB 223 on page 86, lines 19-25;
page 92, lines 22-25; and page 92, lines 24-25.
We appreciate your interest and hope that this gives you a better perspective of
the progam and our position.
Sincerely,
Gordon Van Vleck
Secretary for Resources
cc: Director Partain
Secretary Duffy
I _General Manager Gren�h_/"'
Senator Campbell
Senator Boatwright
Senator Presley
Senator Alquist
SACRAMENTO ADDRESS
State Capitol
Sacramento,California 95814
(916)445-8188
DISTRICT OFFICE Assiembig
San Carlos City Hall
Second Floor &Iffitruin Itoistaftwt
666 Elm Street
San Carlos CA 94070
(415)5;1-5544
ROBERT W. NAYLOR
ASSEMBLYMAN,TWENTIETH DISTRICT
ASSEMBLY REPUBLICAN LEADER
May 2, 1983
Mr. Herbert Grench
General Manager
Midpeninsula Regional open space District
375 Distel Circle , Suite D-1
Los Altos, CA 94022
Dear Mr. Grench:
Thank you for the copy of your letter to Governor
Deukmejian. Please excuse the delay in my response.
I have been supportive of the California Conser-
vation Corps (CCC) and will continue to be. It is indeed
unfortunate that the years of spending beyond our means
has caught up with us now. Many budget cuts are being
proposed to attempt to alleviate at least part of the
debt. As this particular portion of the Governor's
budget is reviewed, rest assured I will work toward a mini-
mum of reductions.
Once again, your comments and concerns are most
welcome.
Sincerely,
4�UU W. qVOR
BERT
RWN:ny
aims 83-9 Revised
eting 83-12
May 11,1983
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
Amount Name Description
4928 $ 296. 33 Betsy Bechtel Reimbursement for Rental of Coolers
for Fun Run and 10th Anniversary
Coordinator' s Fee— April
4929 270. 83 Eleanor Huggins loth Anniversary Coordinator's Fee-
April
4930 299. 75 Air Photo Co. , Inc. Aerials-Almaden Radar Facility
and Whittemore Gulch
4931 5. 33 Baker Graphics Inc. Map Reduction
4932 46. 33 Matthew Bender Book
4933 815.00 . CA Advocates , Inc. Legislative Consultant' s Fee-April
4934 9.00 Campus Report Subscription
4935 20. 50 Control Data Management Book
Institute
4936 25. 95 Clark' s Auto Parts District Vehicle Repairs
` 4937 318.44, Communications Research Co. Radio Maintenance'°Service and Part:
4938 300.00 Susan Cretekos Windmill Pasture Patrol Services-
April
4939 85.49 H.S. Crocker Co. , Inc. _ Office Supplies
4940 7.99 The Dark Room Photo Processing
4941 27. 19 Jean Fiddes Reimbursement-Coffee Urn
4942 150.00 First American Title Preliminary Title Report
Guaranty Co.
4943 8. 95 Flag Publishing Co. Resource Document
4944 400.00 Foss and Associates Personnel Consulting Fee-April
4945 108. 20 The Frog Pond Budget and Office Space Committee
Meeting Meals
4946 17.00 Barbara Green Reimbursement-Private Vehicle
Expense for Land Tour
4947 14. 96 Graphicstat , Inc. Artwork Reduction and Duplication
4948 954.88 Herbert Grench Educational Assistance and
Reimbursement for Travel Expense
4949 146. 34 Hawkins-Hawkins Co. , Inc. Metal Signs
4950 126. 62 Hubbard and Johnson Bridge and Fence Materials
4951 117.42 I.B.M. Corp. Typewriter Supplies
4952 648.65 Los Altos Garbage Co. Garbage Service
4953 69.95 Mobil Oil Co. Gas for District Vehicles
4954 29. 35 Monta Vista Garden Center Road Repairs-Rancho San Antonio
Open Space Preserve
C aims 83-9 Revised
Meeting 83-12
May 11, 1983
Amount Name Description
4955 $ 131.48 National Mailing Services ` May 14 Flyer Mailing
4956 239. 14 Noble Ford Tractor, Inc. Accessory Equipment for Rental
Truck
4957 95.46 Norney' s Miscellaneous Office Supplies
4958 1, 144.42 Pacific Telephone Telephone Service
4959 91. 95 Patton Bros. , Inc. Base Rock
4960 284. 74 Pine Cone Lumber Co. , Inc. Storm Damage Repairs-Wild Cat
Canyon
4961 88. 61 S & W Equipment Co. Miscellaneous Field Supplies
4962 359. 28 Sav-A-Buck Poles for Monte Bello Equestrian
Lot
4963 292. 88 Virg .Harkins Signs Sign Frame-Windy Hill Open Space
Preserve
4964 36.00 Sempervirens Fund Trail Day Patches
4965 623.05 Scribner Graphic Press , Inc. Brochures-Monte Bello and Los
Trancos Open Space Preserves
4966 606.63 Shell Oil Co. Gas and Repair for District
Vehicles
4967 8. 52 Summit Sporting Firearms Ranger Uniforms.
Summit Uniform Co.
14968 600.12 Tools-R-Us Supply Co. Miscellaneous Shop Supplies
.4969 80.40 David Topley Private Vehicle Expense
4970 27. 50 William Tannenbaum - einbursement for Professional Dues
4971 47.16 Viking Freight System Tank Delivery - Monte
Bello Open Space Preserve
4972 24.50 West Coast Rebar Co. Fence Materials
I' 4973 42. 80 Del Woods Private Vehicle Expense
4974 200. 74 Xerox Installment Payment-April
4975 52. 36 Workrite Uniform Co. Ranger Uniforms
4976 838.50 Contemporaries Temporary Trail Aides-Windy Hill
Trail Project
4977 ^150. 00 City of Palo Alto Minor Site and Design Review Fee
4978 530 ,000.00 First American Title Land Acquisition-Fernandez Propertt
Insurance Co.
14979 500.00 U.S. Postmaster Postage for Meter
4980 200.00 American Society for Computer Seminar-H.Grench,J. 'Fiddes
Public Administration C. MacDonald,W. Tannenbaum,J.Boland
4981 215.90 Petty Cash Aerial Photos ,Private Vehicle
Expense,Shop Supplies ,Topo Maps,
Book,Meal Conferences ,Miscellaneous
Office Supplies ,Film and Mailers.
*Emergency Check 5-4-83
a aims 83-9
eting 83-12
May 11,1983
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
(' Amount Name Description
14928 $ 296. 33 Betsy Bechtel Reimbursement for Rental of Coolers
for Fun Run and 10th Anniversary
Coordinator's Fee-. April
4929 270. 83 Eleanor Huggins 10th Anniversary Coordinator's Fee
April
4930 299. 75 Air Photo Co. , Inc. Aerials-Almaden Radar Facility
and Whittemore Gulch
4931 5. 33 Baker Graphics Inc. Map Reduction
4932 46. 33 Matthew Bender Book
4933 815.00 CA Advocates, Inc. Legislative Consultant's Fee-April
14934 9.00 'Campus Report Subscription'
� 4935 20.50 Control Data Management Book
Institute
I'14936 25. 95 Clark' s Auto Parts District Vehicle Repairs
°'4937 318.44. Communications Research Co. Radio Maintenance'Service and Parts'
� 4938 300.00 Susan Cretekos Windmill Pasture Patrol Services-
April
4939 85.49 H.S. Crocker Co. , Inc. . Office Supplies
4940 7.99 The Dark Room Photo Processing
4941 27.19 Jean Fiddes Reimbursement-Coffee Urn
4942 150.00 First American Title Preliminary Title Report
Guaranty Co.
4943 8.95 Flag Publishing Co. Resource Document
4944 400.00 Foss and Associates Personnel Consulting Fee-April
4945 108. 20 The Frog Pond Budget and Office Space Committee
Meeting Meals
4946 17.00 Barbara Green Reimbursement-Private Vehicle
Expense for Land Tour
4947 14.96 Graphicstat, Inc. Artwork Reduction and Duplication
4948 954.88 Herbert Grench Educational Assistance and
Reimbursement for Travel Expense
4949 146. 34 Hawkins-Hawkins Co. , Inc. Metal Signs
4950 126.62 Hubbard and Johnson Bridge. and Fence Materials
4951 117.42 I.B.M. Corp. Typewriter Supplies
4952 648.65 Los Altos Garbage Co. Garbage Service
4953 69.95 Mobil Oil Co. Gas for District Vehicles
4954 29. 35 Monta Vista Garden Center Road Repairs-Rancho San Antonio
;, Open Space Preserve
Claims 83-9
Meeting 83-12
May 11,1983 j
Amount Name Description
4955 $ 131.48 National Mailing Services ` May 14 Flyer Mailing
4956 239.14 Noble Ford Tractor, Inc. Accessory Equipment for Rental
Truck
4957 95.46 Norney' s Miscellaneous Office Supplies
4958 1, 144.42 Pacific Telephone Telephone Service
4959 91. 95 Patton Bros. , Inc. Base Rock
4960 284. 74 Pine Cone Lumber Co. , Inc. Storm Damage Repairs-Wild Cat
Canyon
4961 88.61 S & W Equipment Co. Miscellaneous Field Supplies
4962 359.28 Sav-A-Buck Poles for Monte Bello Equestrian
Lot
14963 292. 88 Virg .Harkins Signs Sign Frame-Windy Hill Open Space
Preserve
I14964 36.00 Sempervirens Fund Trail Day Patches
4965 623.05 Scribner Graphic Press , Inc. Brochures-Monte Bello and Los
Trancos Open Space Preserves
: 4966 606.63 Shell Oil Co. Gas and Repair for District
Vehicles
1, 4967 8. 52 - Summit Sporting Firearms Ranger Uniforms
Summit Uniform Co.
4968 600.12 Tools-R-Us Supply Co. Miscellaneous Shop Supplies
4969 80.40 David Topley Private Vehicle Expense
4970 27. 50 William Tannenbaum `Reimbursement for Professional Dines
4971 47.16 Viking Freight System Tank Delivery - Monte
Bello Open Space Preserve
4972 24.50 West Coast Rebar Co. Fence Materials
4973 42.80 Del Woods Private Vehicle Expense
4974 200. 74 Xerox Installment Payment-April
4975 52. 36 Workrite Uniform Co. Ranger Uniforms
4976 838.50 Contemporaries Temporary Trail Aides-Windy Hill
Trail Project
4977 *150.00 City ,of Palo Alto Minor Site and Design Review Fee
4978 530 ,000.00 First American Title Land Acquisition-Fernandez Property
Insurance Co.
� 4979 500.00 U.S. Postmaster Postage for Meter
I
*Emergency Check 5-4-83