Loading...
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 i 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 i i 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 `� try 83 J cam Wutj1l V`� 40 wk o rwn -.(av V"Joavtd o vtd .� ,,o,� or awl aVd all ackton!5 W CULd fA-Q WLAe. 4U CY 15 iflo vl Of gtu2 No.�ler kecL 41n OowtQ Proeee .%,I , ---4(&k rCa?jut9� c}� ay�s vtaGQssc \ll, avtc� , v�va►� cav�uersto►� tvt -o to e-V wx`k Mmevtll�?-Q Offfct"a" ,O.�ea . Uu► o�� c�csrk ov1 our v a kCLIOLk w� vuQss o�.cQQ U&W a.v\ ,sau orwwu5ky bKq aV18 +uAA CIVA 95 � a� � Cjo �� ✓YVI. &)avvw �ov1 A• Rackctt N CAP,LC s qa�o q 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. aa• :•i:i'• _ - '}_ -' Win' S u-!i'..A ri..•: .;. it y LA �� C•� RLOS HiKh&fir- .Wall � $ittr.�. a.: a P• a.:.,: • _. _ ice' ' 11 � _•.?.•� �•�� -. �V, .•.J -- _ -_-� , 5:p� -.. i4 i -"•. Y Clifford •LJ'� \... Sch r . �, :,� -�.,- as§Ier •!�. '� 09 \. - � .•. �' {f'��s�• � � SequOr ^`m 3� /� l @\• ! "°a• n -'% ter,_ L�oo 1 ti�i r •� } @ . er W ter 7. o .Wlatot • � e� -:�� _ ` �,. _ � aauEDucT�`'�'1 --,�3�-r —_T'��'+S � /�, i /- _s•..�:t. vrFTr l Ii r a ,: \1` . _ m ium. Xr 62 E f cgewood'" ¢ - County ParkZ Ile* M 438 ,td Cj _ �• : & Belmonl�A x AM q[AM �.� �� z San >. ' n "'A ,.6 Carlos 1.6 4.3 • _ \`�•` ( \ �\ � ��6�0'I q' v.sia � arm ��oq`T}O a cra .ae.e•• t.: 4 i H AND •�\ w msiu0+t (gym�f. 1.3 a Exhibit A � `* ?o ° REFUGE .3 Hassler _.b 11. �•� ''1 •a CY�y i j 3 _Roads or. Trails - ,� f *�.°"- f 5 x, �y to be Retained rrr a'e .� o Y / •`� `�`�d ``• -; 1.2 � a�° q`g4FOq r RUon•Vir PARK 2.8 �' °0 1.2 6 1" = 2000 T NORTH Park �: '� +0 2 � 3 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 t 0 • , ��� , ( . '°"ram' Scale 1"=2000 ' ANorth ram%. graY Cree o t ` Oi C rya o �"��:1l"�`"'yQ .� i£ • , 1 - 1 aC`��.• ail x�r � Bhl."�115 3 �•+sue= � � M/ ? ,� °�� y`_ ±` v 4 , i1, ��i ✓ r � G ` pa • s 7 fob 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 Page J-1 Of PAEr=L 4 zt Salr.11c/ t"J"a »IMwuww lot'A•M_Srw i,4S+ t• Nti•LY 4t'E eS oa(bac C• 4'Ir NSYa �l'xa•WIl•!,•If'W 47S t1' Vtfi l�•) „ ` ib S 'N!!•w ME S 7 11611,'IuW ItaM E1�1 JI32I'}� HA7'I7'i'9•/V ?15a./d'' wr.t acf 7f44 1 NirN'trw tlN' + N,YN„11 NL'Aa♦aA llaa/•.A RM. l7 1♦ O I+K)' f K• uNy �aJJ1 M,1_SY A•W 1!E].' -A It W%1.>••L ,++1' 41•L, w NSY4T4rW INN' N ItA•It•Il•r Ib 44' t� "57-W l l.V t 42't 11 4S• to N 4r4t l,•r lit Ili I, 7•W h r+fa•k(• Z 1, a', �, a a n tbya'IS E SE M' N a\•,YSa w n M' ♦ w al' t LEGEND J N� i Sa)•lt is-a 2»a) O Nts'ML-w It1tl rw V•oe otlS7wr AN►t Nfe N ! ,, .M•41-IS-E Ita7r to Nlvftive „IA S 'r Q SASE. tfta fl Na ,4 aU•SL'irk SIS P.' ,� Y 1rb',t•N N4 Y' . rW e� , �A— r O ]SY'!4')4•E INN Y• N,r ft 4t-N nt,r !)1•L/ ( ) I ndl c!Ara Ywhletr 47 A-- Ny4 V (�+ o W - ,► aSi•OE'4i•L Nf�' W •r Wall"N•E ( I In S7Y 0 P 355 a Nu_•tl trt w,it .t !Ir)t•u•t nt a s t�7c • N yS'1,•E 104W r ,71•iY%W& ,.it !41 )1•w AN'/P/a/14'r7/A!Nf �1 thrNrr EAST '456'" �'•• rcc•ss nh,tbred . d yr Its N' + ,U•�t't:'E „lY P ¢ S Ytf 4rk Its at' f 71L 1 a)Yff'n•E 4aN n S '41'H•E ea,l ► a,'41't,'k ( 14 7N Aauinrrll pwb4 cGwA/t PARCEL G �' ' LAM'/�i r�LMLFF.lrLO N„•tl 41•E +llr • !1♦•ri IrE lit41 ,trt+srw 1 rirrr 1r Srr y o♦A•sr+ 2 •u a+, 42.L1 Ac.! "lN'; n P %uns'!!•E —At ft— •` Strw w•w Sias ,\rst trw e d fl+wry !7A/ I •'+C ls4.twr, y p Ik N�a_tx N'E IIr + es!'ttv.•E a'a E Rtllbon YN1,f) w 7/1, 4 A`R�►\� ROIA►O r srrsrar/4.I' '' Sa'!!1 s,_•E 14 K' l4 aR_A'It•E Il R' t flt•N'Ira Isla-4\ �� 0 ( ►�►ta lM i a f 1E•'J,'Sa k 7l1,1 b YT•%)L'E N,• !71'oE M_E N tt aS4•N b-E qrl '•1 Nlo••ut (I8211 A'nf {I !lnY.rAw t\ M)YN'it•k IK� 7\ •J tt•41 tilt b,7t 1 !ie'!t U•E :Air r41p h n o •y LANrJ� Of t+ Nv�rww elets ! ►Qlur1U •pw r4j�s /iuswy� �flliYAdA7Y0f.0 if NN•),)Ir 'uN ♦ !t,_r.NE t,It �•7.\)�.' ' �\ '/ 4'M•NM'I 4NIl'••. �` �I • r Z-1.1 •w IoSI& \ ,11•t,tt'.i oil M' NfP�tN t _ At'_w%1-* )Set' N SS7•N'r•f 1%"M• .• 0wto 1:'7 i!NN'N M'i N1 N'� �•t M (T� AliNr11 CYw IIS ill {1 „t•U'Mw 4EN _"'w�ell" ,• `i• Of 7AVOAW 4/�"~fir�• �•` d M lt•R t3_E iN tf N 4"'0L SYk M H' ,N•tt N`E •r,3 �. �!I F.d(1p 1J Arr!/•7/tl ¢ �- lcNx 1JH)r/NI ,S Y a'b S!'E ,141 h �e•'4t ePr III M' S.t•N',•t \. r 7 'r • „• .1EY,-»�.. ,P A R C E L 9 ;► ,a NZYt,!v' tit14 twill t•E i<M' E eats.aAft.' ti - - .. ` 4 t Larw 10.6L AC.!�IwAsnr r'+ L4 . , N�tl4irE na P n• -1; m,t• 1, _,:�•.+ SCVE t • 7 �`� YA, Yr:711 ✓',� Na4•Ia'4,1 It swwwl t04S1' t ,•••tort f a \p 'A Nt•Iv4VE 11%tY n 54•ta_04•6 il,sr i ,N•N O_E•, �;• ,a It �:1 Lt NM 4L NN•IS Ifs t11„' r�"rl \ n ✓];J ur n.../r,�..j.-1��- 'Sv a,.M'r' =•. fr Nam• tf •a•wt is u p A it�rw lit t,• +• ,•r 4f art ul fl Lr a•H•f�n- ,.'.iE '•:: LA*Nr llr f' 1 a,a flit •A. �t No,•114a"k Ht!- 1: %'A'IW N Itt 14 6M'a•t.•tr. 4f!rvrin yl a t.N/w--• !/IMNsN • "It Sete Nt •��} R u,t lA 1►.Lfn/ .AIFt;Eri�Ct-a5�[�� _ srlN4IN / Lt n4'1a 64•• ta,'R N 91Y1,'41•N 144 of t•b%1%aYN'.r-. t 21lwt it N*F.l M♦,tte ♦ fl:uE I N/lKe.+AAfAVO a NS,•N OTW )t4!!' serav,-E M?) t•nx�.n•,,•• l4rlff t! all rNISL) so,wN Iva AAA"", � /��� � L, 571•VS_+w h N N N•V"A L7 at t_ti^4 l ;;• r IL. PARCEL ..�LI...E. _P A R C E p e � J�^�'�—E� ,.ft Wit u w 11,11, # Is ,)N, . 4o.LL At. ` r, tt M'.e N'M IK II ,l r N'at•f .•Wa_TKSI` } = a �f.4f At. .: :,,;.5.r ur,.' M N_}E er t a l e•w' •., .• y� �S MNM7 Ytltq)a �•IE1Dnt Pont.), �••"l CJ t "• .•t.S2•i-_SE'W bat' ; Ni'•Ia')rE HMI' i, , r/\ +NS7•!a'M'W M,It' c t��•• •H•N fE irM- 1 aAWIr film: fit ft)ff a a NlAlfa lw rurw ul4r 1.,o t ' V.tfREt.lNA7MIN) al, )tN fl N7 Z Net R_N'� •!::' NLr M' awa l40rr■a S 1. Gi Y N foul S•,N P\, 4r 174t.r.014rN tr 4, N•W .ea to (4:1rlr I p I•N f♦ r/r. •rir�A . ti, 'r sl y P.u l kW._l w Yt. u„► 4iprrert.,rl•sa oe 5 a-S I4" ri AtN Nxl/r7Nr. ♦ M7 14Y n tfs L►IaM -7/�,.• V / a1w 1Nt tE M rt1 IN ? F f a » i „� tc!�wu rcJ rw 7 t we obucts, am PA RC : L MAP BASIS OF 4EAPINGS �,� ,,�� ,, „ N1 �'r 1 ..L.IN u ..p1oa� t �/ OF THE EANOy 1F aotun5 AND DEI►ID A RESueDIVIs1oN IF 7fW 64Yr,n9'Sovlh of /h.n7alaf rW1`fF1y JIA! If h,rl t`�,.'�1 iM• IINW.{I }�• SL.LAf45 l 0 `-x PARCEL CNE.Ab bHOVVN ON V01uME �1 PAQGEL MAPS f,d in 3 ow Ecn! portal os shown An 1M1 m•� �I a �' 1/T7L�f/8L0/ PAbE SL,ANO 5JIN6 DESCRIBED IN 7940 OR, 1313 /drd /n .+I/rmv I !.' [lun,.d land Svrrl7lri M.PA !l T Z \�/y„ Plg4 so, Aswj /h! 8W4 a afaellf'tt Arr ww,m N. r� J •4, `y`i� WHO fF 5AN MIMEO COUNTY. ,',real Mops,Pys !!, "i lohw I./Ar aol41 /l UP-.yI wr s�N Mato couwtY __ CALIFORNIA Aw ?*I, nEr/. / « VP/lXVIM-3J •cA1 E ,.too OCT. ,viso Its bKIER(IA f F14GNER LAND 4URVEYS /IANGIi ul: 1141/pysNAW, PC. 0ox 4162, w001751cR,GQL.IF, 9 (415) 651 -1 t 3• ltWll t N i 14la,at 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