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19840222 - Agendas Packet - Board of Directors (BOD) - 84-04
1 Meeting 84-04 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 Regular Meeting Wednesday Board of Directors 375 Distel Circle, D-1 February 22, 1984 A G E N D A Los Altos, California 7:3( 0) ROLL CALL APPROVAL OF MINUTES (January 25, 1984; February 8, 1984) WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7:45) 1 . Committee Meeting Notification -- H. Grench NEW BUSINESS WITH ACTION REQUESTED (7:50) 2. Proposed Addition to Skyline Ridge Open Space Preserve (Quinn Property)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 Appro- priate to Closing of the Transaction (8:10 ) 3. Option to Acquire Lands of Wilkins (Purisima Creek) -- C. Britton Resolution Authorizing Acceptance of Option Agreement, Authorizing Officer to Execute Option Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Wilkins Property) (8:40) 4. Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1984-1985 -- H. Grench (9:00) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Acquisition 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 OraZ Comunications. When recog- nized, please begin by stating your name and address. Conciseness is appreciated. We request you complete the forms provided--so your name and address can be accurateZy incZuded in the minutes. ANNOUNCEMENT OF FUTURE COMMITTEE MEETINGS--OPEN TO THE PUBLIC BUDGET COMMITTEE, Tuesday, February 2Z, 7984, Z P.M. at D�=st2*ct Office BUDGET COMMITTEE, Tuesday, February 28, Z984, Noon at District Office Committee meetings are subject to cancellation or rescheduZing. Contact District office to confirm date and time. IV Meeting 84-3 W No MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS FEBRUARY 8, 1984 MINUTES I. ROLL CALL P- resident Daniel Wendin called the meeting to order at 7:37 P.M. 'Vembers Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Nonette Hanko, Harry 'burner, Edward Shelley, and Richard Bishop. 'ersonnel Present: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, Stanley Norton, Jean Fiddes, Del Woods, and Jim Boland. II. " RITTEN COMMUNICATIONS Fiddes stated the Board had received the following written communications: a study of the impacts of cattle grazing on oak regeneration in the Central Coastal Range by Mike Boyd and Elaine Herman forwarded to the Board from Robert Mark, Chairman, State Park Committee, Sierra Club of California; and 2) a cover note, dated February 3, 1984, from Bob Moss of Palo Alto regarding his donation to the Frances H. Brenner Memorial Fund. N. Hanko stated she would acknowledge Mr. Moss ' donation, and suggested a letter be sent to Mr. Mark thanking him for the study and suggesting he forward copies of the study to :the City of Palo Alto, Santa Clara and San Mateo Counties, and Stanford University. The cattle grazing study was referred to staff as information. D. Wendin stated he had received a letter, dated February 7, 1984, from William J. Schumacher, Chairman of the San Mateo County Board of Supervisors, asking the District to withhold demolition of the Hassler buildings because the Coalition to Preserve Hassler had submitted "new information of historical significance" to State and Federal Offices of Historic Preservation. D. Wendin distributed copies of the letter to members of the Board and public present at the meeting and stated he had discussed treatment of the letter, which concerned current litigation, with S. Horton. D. Wendin outlined recent court decisions concerning the Hassler site and stated the Board would be discussing the matter and Mr. Schumacher's letter in Closed Session. He said the Board would probably reconvene to Public Session after the Closed Session to put on record what had been done with Mr. Schumacher's letter. D. Wendin requested the minutes reflect that no member of the public addressed the Board on this subject. III. ADOPTION OF AGENDA D. Wendin stated the agenda was adopted as presented by Board consensus. IV. ORAL COMMUNICATIONS There were no oral communications. V. NEW BUSINESS WITH NO ACTION REQUESTED A. Tenth Anniversary Celebration Videotape (Memorandum M-84-15 of February 1 , 1934) C. MacDonald showed the videotape of the District's May 14 "Day On A Hilltop" made by Viacom Cablevision and District staff members. She noted that the tape was being shown over Viacom's public access channel in Mountain View. "'wo B. Status of South Ba ^ail D. Hansen introduce- memorandum M-84-16 of February z, 1984, and D. Woods, via a slide presentation, provided a summary of the status of the South Bay Trail . Discussion centered on trail connections in the Moffett Field area, acquisition needs to complete the trail , Santa Clara County's involvement in the project, and the District's role in facilitating trail development. N. Hanko suggested the District host meetings of all agencies involved on a regular basis to review what has been accomplished. D. Woods stated the Peninsula Conservation Center sponsors the South Bay Wetlands Coalition which included representatives from agencies working on the South Bay Trail , and he said he would present the staff report to the Coalition. N. Hanko requested that staff inform the Board if more coordination efforts than were being provided by the Peninsula Conservation Center were necessary. K. Duffy stated a workshop for public officials might be appropriate, and T. Henshaw suggested that a handout about the South Bay Trail be distributed during the spring bus tour. Motion: R. Bishop moved the Board instruct staff to continue attending meetings of the coalition of people interested in the Bay Front Trail and to offer the Board's assistance in holding meetings or workshops, as might be helpful , in bringing into an action status the work that needs to be done on the trail . H. Turner seconded the motion. The motion passed unanimously. VI. OLD BUSINESS WITH ACTION REQUESTED A. Adoption of Whittemore Gulch Redwoods Open Space Preserve Use and Mana ement Plan D. Hansen reviewed memorandum M-84-17 of February 2, 1984 and explained the reasons staff was reaffirming its recommendations for opening both the ridge road and the connecting road for Ranger and other emergency vehicle passage. He noted staff was requesting the addition of a new use and management recommendation concerning the removal of two abandoned vehicles to the plan. Motion: N. Hanko moved the adoption of the use and management plan for Whittemore Gulch Redwoods Open Space Preserve as contained in report R-84-04 and as amended in the staff report of February 2, 1984. E. Shelley seconded the motion. The motion passed unanimously. VII. NEW BUSINESS WITH ACTION REQUESTED A. Program Evaluation for 198-3-1984 and Setting of Priorities for 1984-1985 H. Grench introduced the staff report R-84-6 of February 9, 1984 and provided an overview of the report's relationship to the 1984-1985-Action Plan and the formu- lation of the budget. He noted the Budget Committee meetings and possible recommendations regarding the Open Space Management Budget Guidelines could affect the key projects and activities in the Open Space Management Program, and said the staff studies mentioned in this Program should occur even if there were no change in the budget guidelines. C. Britton reviewed the Open Space Acquisition portions of the report, noting there were no major changes in the objectives or key projects and activities for the Program. K. Duffy discussed the need to keep Baylands acquisition and securing of trail rights in the forefront, and R. Bishop discussed loop trails in the San Mateo County baylands, asking staff to look into the ownership of the levees near Marine World. N. Hanko stated she felt the words "within the District's Sphere of Influence" should be included in the third key project and activity of the Negotiations Sub- program on page four in order to clarify the boundaries of the acquisition project since the Peninsula Open Space Trust was also concerned with lands outside the District's Sphere of Influence. Meeting 84-3 Page three Motion: N. Hanko moved the addition of the words "within the District's Sphere of Influence," after the word project in the third proposed key project and activity on page four. R. Bishop seconded the motion. Discussion: H. Hauessler objected to the inclusion of the wording. The motion passed on the foll owing p vote: 9 Ayes: K. Duffy, D. Wendin, E. Shelley, N. Hanko, H. Turner and R. Bishop. Noes: T. Henshaw T. Henshaw stated she voted against the motion since she felt it was redundant to include the statement because the Board already functioned with this understanding. D. Hansen reviewed the Planning, Design and Development Subprogram's proposed key projects and activities, and discussion centered on the second key project and activity relating to the Skyline Ridge Open Space Preserve. H. Turner stated a stronger emphasis should be placed on implementing a significant portion of the Skyline Ridge Open Space Preserve master plan and stated he felt the Dis- trict was committed to implementing the master plan. Further discussion centered on the involvement of the Peninsula Open Space Trust (POST) in the development and implementation of the master plan, and H. Grench stated the District had joined with POST in this project since the Preserve's development offered POST a fund- raising project. He added that staff intended to implement the master plan, even if, for some reason, POST's involvement in the project was curtailed. E. Shelley stated the implementation of the master plan was a key liaison effort, and D. Wendin noted the initial implementation of the master plan should also be included in the first proposed key pr oject n activity P P �Y P J v ty on page ten. D. Hansen stated staff could return with a fourth proposed key project and activity dealing specifically p ly with the Skyline Ridge Open Space Preserve. D. Wendin with 9 P P t the Board's concurrence, e ce, appointed Turner a -pp s a one person committee to work with staff on the wording of the new key project and activity prior to its pre- sentation to the Board for reconsideration. D. (Wendin questioned why the Monte Bello Burn Project was no longer a key project and activity in the Planning, Design and Development Subprogram, noting the initial plan approved by the Board had been an extensive multi-year project, and requested staff place the fire management plan on a future agenda for Board consideration. Additional discussion topics included the proposed marina at Cooley Landing, policies for volunteer capital improvement projects, and disposition of the buildings on Mt. Umunhum. H. Turner requested the list of volunteer capital improvement projects be shared with the Budget Committee during the budget formu- lation process, and K. Duffy requested a breakdown of enterprise activities be shared with the Budget Committee. N. Hanko requested she be informed of the planning process and any public meetings the California Coastal Conservancy held regarding the East Palo Alto area. C. MacDonald reviewed the Public Communications and Governmental Liaison Sub- programs, and discussion centered on the reason, current need, and importance of the first 1983-1984 key project and activity on page fourteen concerning the development of a publicity experiment. Motion: K. Duffy moved the Board delete the first 1983-1984 key project and activity on the Public Participation and Governmental Liaison Subprogram. N. Hanko seconded the motion. The motion passed unanimously. N. Hanko noted the Board's action affected the wording on the second proposed key project and activity on page fifteen. H. Grench reviewed the program material for General Management and Program Support. Meeting 84-3 Page four Motion: D. Wendin moved h tentative t o adoption of the staff report subject to i some clarifications at the next Board meeting. N. Hanko seconded the motion. The motion passed unanimously. Due to the lateness of the hour and the anticipated length of the Closed Session, D. Wendin suggested the continuance of agenda items six and seven, unless any member of the audience was specifically pres ent for o either item. N member f P Y P o e o the audience responded. T. Henshaw requested item seven be considered at the March 14 meeting since she would not be present at the February 22 meeting. Motion: N. Hanko moved the continuation of item six, Committee Meeting Notifica- tion, to the meeting of February 22, 1984 and item seven Recitation of Pledge to the Flag, to the March 14, 1984 meeting. R. Bishop seconded the motion. The motion passed unanimously. B. District Recommendations for Santa Clara County's Five Year Parks Acquisition and Development Plan C. Britton reviewed report R-84-8 of February 1 , 1984 regarding ten acquisition projects staff was recommendingthe Board re quest ue q st be included in Santa Clara County's Five Year Parks Acquisition and Development Plan. N. Hanko questioned why the acquisition of land owned by Stanford University, particularly y land that would provide trail connections to the Ar r r P e ast a property and Foothills Park had not P Y of been included in the staff s M recomm nda 'e ons. Discussion centered on whether the Arastra property, unlike Foothills Park, would be open to the general public, and K. Duffy noted the City of Palo Alto could recommend the acquisition of appropriate Stanford lands to Santa Clara County for inclusion in the Plan. H. Grench noted the staff report also discussed two planning and development projects, Rancho San Antonio County Park and Sunnyvale Baylands Park. Motion: H. Turner moved the adoption of Resolution 84-9, a Resolution of the �I Board of Directors of the Midpeninsula Regional Open Space District Recommending Parks Acquisition Projects for Santa Clara County's Proposed Five-Year Capital Improvement Plan for Parks Acquisition and Development. K. Duffy seconded the motion. The motion passed unanimously. D. Wendin, referring to the establishment of a Board committee involved in pre- senting the Board recommendations to the County, stated staff should return to the Board and request formation of the Board committee at an appropriate time in the future. D. Wendin and T. Henshaw expressed an interest in serving on the committee. VIII. INFORMATIONAL REPORTS D. Hansen stated there would be six detailed proposals to do the Skyline Ridge Open Space Preserve Master Plan. In response to two questions from T. Henshaw, C. MacDonald stated the invitations for the February 24 reception at the California History Center Foundation were being mailed, and that the editor of the Loma Prietan would be printing D. Wendin's response, which had appeared in other papers, to the letter written by Thomas and Clarence Kavanaugh. C. MacDonald later distributed copies of the invitation. Following a discussion of Les Nichols' appointment to the Superior Court, D. Wendin suggested Board members congratulate Mr. Nichols in whatever way they felt appro- priate. C. MacDonald stated the East Bay Regional Park District was considering hosting the Special Districts' Forum on 3 r P June 1 through 17. She stated the District was beingasked to host Forum attendees on Friday, Jun d e 15 an polled the Board members to determine that most would be available on June 15. Meeting 94-3 - Page five Harry Haeussler stated the equity of not charging entrance fees at all Santa Clara County parks had been discussed by members of the public at a recent Santa Clara County Park and Recreation Commission meeting. Discussion centered on the rela- tionship of Rancho San Antonio Open Space Preserve and County Park, and R. Bishop suggested staff send a letter to the Commission stating the District wanted to be involved in any discussions concerning the possibility of charging fees at Rancho San Antonio County Park. H. Grench stated he had appointed Christy Holloway to replace Robert Girard as the General Manager's appointee to the Board of Trustees of the Peninsula Open Space Trust. D. Wendin reminded the members of the Board that their next Regular Meeting eeting would be on February 22, and the Special Meeting concerning District publications would be on February 29. R. Bishop stated he would not be in attendance at the February 29 meeting. IX. CLAIMS Motion: D. Wendin moved the approval of the revised claims 84-3 of February 8, 1984. E. Shelley seconded the motion. Discussion: In response to questions posed by T. Henshaw and D. Wendin, J. Fiddes stated the telephone payment of $1 ,262.11 was not significantly higher than previous months and S. Norton stated the $19,821 .70 claim to Keogh, Marer and Flicker represented legal fees for current Hassler litigation. The motion passed unanimously. X. CLOSED SESSION The Board recessed to Closed Session on land negotiation and litigation matters at 10:55 P.M. XI. ADJOURNMENT The Board reconvened to adjourn at 12:12 A.M. , Thursday, February 9, 1984. Jean H. Fiddes District Clerk a ,4 1 c 4 7 `J Claims 84-3 Revised Meeting 8' February L984 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S r Amount Name Description 6627 $ 200.51 Alpha Beta Supplies for Restroom-Monte Bell Open Space Preserve - 6628 14.92 Baker Graphics, Inc. Duplicating and Paper-Windy Hill. Open Space Preserve Award Application 6629 349. 32 Birnie Lumber and Fence Co. Redwood Lumber 6630 1,000. 00 Boone Cooke and Associates Water System Study-Rancho San Antonio Open Space Preserve 6631 900.00 California Advocates , Inc. Legislative Consultant Fee-Jan. 6632 300. 00 Susan Cretekos- January Patrol Services-Windmill Pasture 6633 2 , 750. 00 DAI4A Real Property Analvs is ,Corp.Appraisal Services 6634 631. 03 Co-rmunications Research, Co. Radio Maintenance Service and Parts �635 490.00* Jean 'Fiddes Educational Assistance and Deposits for CPRS Conference 11, 6636 251. 80 Goodco Press Office Supplies 6637 6.55 Graphicstat Artwork 6638 168. 62 Mary Gundert Rein6ursement-Drafting Supplies, Photo Processing and Private Vehicle Expense '' 6639 280.01 Harbinger Communications Computer Services-Openspace Mailing List II6640 21.50 Herman Associates Book I' 6641 315.20 Hertz Equipment Rental Equipment Rental-Fremont Older Open Space Preserve 6642 58.46 The Hub Schneider' s Ranger Uniform Shirts 6643 90. 16 Image Technology, Inc. Mylars-Bay Front Trail Series 6644 595.46 Lawrence Tire Service, Inc. Tires for District Vehicles 6645 8.00 Town of Los Altos Hills Agenda Subscription 6646 766. 30 McCormick & Baxter Creosoting Co.Telephone Poles for Stiles 6647 211. 39 Mobil Oil Co. Gas for District Vehicles 6648 330.00 Owner Builder Center Training Courses-D. Camp, D. Danielson,and P. Congdon 6649 1 ,262. 11 Pacific Telephone Telephone Service 6650 1, 122. 03 Peninsula Oil Co Gas for District Vehicles Meeting 84-3 Fp l-+ruary 8, 1984- Amount Name Description 5651 $ 96.00 Peninsula Times Tribune Advertisement-Bids for Electric Service 5652 250. 87 Pete Ellis Dodge District Vehicle Repair 6653 15.95 Rancho Hardware and Garden Shop Shop Supplies 6654 16.5.00 Recreation and Park Conference Pre-registration for CPRS ,Conference-T. Henshaw 6655 1,448. 80 -Redding Title Co. Title Insurance-Chesebrough Property 6656 200.00 East Bay Regional Park District Seminar-J. Nicholas 6657 520.00 SGS, Inc. Roof Repair-Rental Unit 658 72. 36 S & W Equipment Co. Miscellaneous Field Supplies any Maintenance 659 50. 00 San Diego Convention and Vistors Deposit for CPRS Conference-T. Bureau Henshaw 6660 91. 85 San Francisco Water �Departmment Water Service-Hassler 661 72.18 San Mateo County Tax Collector Property Taxes-Former Catalano Property 662 401. 51 Scribner Graphic Press , Inc, Volunteer Brochures 6663 56.02 Security Contractor Services Shop Supplies 664 785.62 Shell Oil Co. Gas and Repair for District Vehicles F665 654.12 Ticor Title Insurance Title Insurance-Chesebrough Property 666 43.57 Uno Graphics Brochure Printing-El Serena Opc -, Space Preserve 6667 43.65 Lisa Varney Reimbursement-Training Course 6668 51.12 West Coast Rebar Co. Equestrian Stiles 669 66.40 Del Woods Private Vehicle Expense 670 400.00 Foss and Associates Personnel Consultant Services 671 19,821.70 Keogh, Marer and Flicker Legal Fees 672 110.00 Herbert Grench Travel Expense-CPRS -Conference 673 265.53 Petty Cash Private Vehicle Expense,Local Meal Conferences ,Offi.ce Supplies.: Photos ,Subscriptions,Drafting - Materials ,Postage,Microphone, Maps ,Shop Supplies ,Book,Parts for District Vehicles and Copy Services . �1tOt MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 REGULAR MEETING Board of Directors January 25, 1984 MINUTES I . ROLL CALL President Daniel Wendin called the meeting to order at 7 :39 P.M. Members Present: Daniel Wendin, Harry Turner, Katherine Duffy, Richard Bishop, Teena Henshaw, Nonette Hanko, and Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, Jean Fiddes, Del Woods, Mary Gundert, Michael Foster, Stanley Norton, Cecilia Cyrier, and Joan Combs. II. APPROVAL OF MINUTES January 11, 1984 Motion: E. Shelley moved the approval of the minutes of January 11, 1984 . R. Bishop seconded the motion. The motion passed unanimously. III. WRITTEN COMEMUNICATIONS J. Combs stated the following cortlmunications had been received: 1) a letter from Thomas Kavanaugh, 1726 Spring Street, Mountain View, and Clarence Kavanaugh, 220 Park Lane, Atherton, dated January 13, 1984, requesting that starting each meeting with the Pledge of Allegiance be considered as an agenda item. Motion: R. Bishop moved the question of reciting the Pledge of Allegiance be placed on the next agenda. H. Turner seconded the motion. The motion was tabled by Board consensus. 2) a letter from Thomas and Clarence Kavanaugh, dated January 13, 1984, enclosing a copy of their letter to the General Services Admini- stration objecting to the sale of Mt. Umunhurr.. She noted a draft response to this letter had been prepared by District staff for Board consideration. Motion: R. Bishop moved the draft response by staff be sent to those listed on the letter, as well as a copy to the Kavanaughs . H. Turner seconded the motion. The motion passed ur arimously. The tabled motion concerning the recitation of the Pledge of Allegiance passed unanimously. D. Wendin requested staff canvas other agencies concerning their inclusion of the Pledge of Allegiance at public meetings. T. Henshaw volunteered to do some work on this item also. V. ORAL COMMUNICATIONS There were no oral communications . VI. ADOPTION OF AGE14DA D. Wendin stated the agenda was adopted by Board consensus. VII . OLD BUSINESS WITH ACTION REQUESTED A. Adoption of Interim Use and Management Plan for the Lona Ridge Open Space Preserve (Chesebrough Property) D. Hansen reviewed memorandum M-84-09, dated January 18, 1984, noting 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.Mndin Meeting 84-02 Page, two that staff had rece. d no public comment conct- -iing the use and management plan for the Long Ridge Preserve . Motion: H. Turner moved the adoption of the interim use and management plan and dedication of the property as public open space. R. *Bishop seconded the motion. 'Discussion: In kesponse to a, question from K. Duffy, D. Hansen said- signing work on the Preserve had begun. The motion passed unanimously. B. Electrification Contract for Residence on ,Long Ridge Open Space Preserve (memoranda M-84-08 and 08B of January 18 and 23, 198 C . Britton stated the District will readvertise the project, as no bids were received. VIII . NEW BUSINESS WITH ACTION REQUESTED A. Determination of Public Necessity - Proposed Addition to Coal Creek Open S ace Preserve (Hybl Property) H. Grench introduced report R-84-05 , dated January 17, 1984, noting D. Hansen would discuss resources of the site and trail connections and C. Britton would discuss acquisition aspects of the proposed purchase. D. Hansen showed the proposed acquisition on the wall map, noting it was a vital connection between two major portions of the Coal Creek Open Space Preserve and that staff felt that the property was an integral natural part of the Preserve, with fairly level areas on the upper portion of the property similar to the level areas of the Preserve . He said staff also considered the property vital in terms of trail connections and pointed out that Crazy Pete's Road connects the two existing portions of the Preserve. D. Hansen showed slides of the property, noting that approximately 2h acres of hardwood trees in the center of the property have been cleared from the site. He said the site had excellent views of the valley below and of the Bay Area. In response to a question from N. Hanko regarding the clearing of wood from the site, D. Hansen said it was staff's understanding that the tree clearing was in violation of Chapter 8 of San Mateo County's Excavating, Grading, Filling and Grading Regulations . He said staff estimated that approximately 100 cords of wood had been removed from the site, including mature oaks and madrone. C. Britton reviewed the terms portion of the report and gave a synopsis of the history of the property. He said when the District 17-c-ame a party to the lawsuit between Mr. Hybl and Lynda Rose, staff became concerned about these two aspects of the lawsuit: the abatement of a restrictive covenant created at the time Mr. Hybl purchased the property and the relocation of Crazy Pete's Road as it passed through the Hybl property. He said the District felt the relocation of the road right-of-way would not be helpful to the District, as it would make trail access more difficult, since the new location had a steeper grade and badly eroding soils. He said the restrictive covenant eliminated development from an area which the District felt would be desirable not to have improvements on from an open space standpoint. C. Britton stated the District had had the property appraised and made a written offer based on that appraisal . He said the offer had been rejected by the Hybls, and that the Resolution of Public Necessity was a last resort to obtain the property. Meeting 84-02 Page three C. Britton said st, felt the property was c- Aal for the completion of the Coal Creek Preserve, adding that filing a Resolution of Public Necessity does not mean that District staff will not continue to negotiate, and in fact, staff hoped for a negotiated settlement. He said a public hearing is required as part of the eminent domain process. D. Wendin opened the Public Hearing at 8:00 P.M. Stuart Auchincloss, attorney for Joseph Hybl, the owner of the property, asked the Board to consider a more cooperative approach in working with the owner to achieve the goals of both the owner and the District -? . Mr. Auchincloss, referring to the staff report, said there had been a good deal of talk about the relocation of Crazy Pete's Road, and said when the - District acquired this portion of the Coal Creek Preserve from the former owners, the District was subject to an agreement which the former owners had signed with the Hybls before the District acquired the property. He said this agreement, concerning the re- location of Crazy Pete 's Road, was one of the conditions of the Hybl 's purchase of the property. He said the District does not need to own the entire 15 acres in order to have a trail link, and that he felt the District could deal with Mr. Hybl in a cooperative sort of way to accomplish the kind of trail link the District wants. He stated the District, in the same spirit of cooperation, could work with Mr. Hybl on the location of his house and on the appearance of the house and surrounding landscaping. Mr. Auchincloss said he felt it would be a profligate use of public money if the only reason for denying Mr. Hybl the right to build a house in that location was for a view a couple of miles away. He said that, under the condemnation law, it is the District's duty to come up with a project which has the greatest public good for the least public harm. Mr. Auchincloss said the Hybls have a signed agreement from the District's predecessor ofinterest saying that Mr. Hybl can relocate the road along the property line; the District has said it does not want to do that. He added there should be a way to obtain the kind of access the District wants short of the drastic step of confiscating Mr. Hybl 's property. He said that the property in question is not in the Skyline Scenic Corridor, and is not pristine, as it adjoins land which is already built upon. He requested that the Board not pass the Resolution of Public Necessity, but direct staff to work in a creative and cooperative way with Mr. Hybl to try to achieve the District's goals and the Hybl 's goals at the same time. S. Norton said that the District had tried to negotiate for five months in order to avoid the use of eminent domain. He said the Hybls had declined to get an appraisal in order to settle amicably and noted that passage of the Resolution of Public Necessity does not preclude further discussion or further efforts to resolve the matter. C. Britton said the existing agreement on the relocation of the road was not a recorded agreement and stated the District was not aware of the agreement at the time the District purchased the adjoining Coal Creek property. William Obermeyer, Portola Heights, said keeping land in the private sector does not necessarily mean it is unavailable for public use. K. Duffy noted several parts of the Coal Creek Open Space Preserve have been withheld from dedication for a* possible trade and asked if a trade was ever considered. C. Britton said no possibilities for trade had been suggested except the former Bean house. H. Grench noted the concept of trade in helping Mr. Hybl find an alternate site Meeting 84-02 Page four was something that -ald definitely be pursued if Mr. Hybl were interested in pursuing it. Charles Touchatt, Long Ridge Road, asked if the possibility of a trail easement had been discussed with the Hybls and said he did not feel the 15 acre parcel was so vital as to require the use of eminent dc--Liai.--. D. Wendin closed the Public Hearing at 8:25 P.M. E. Shelley asked if Mr. Hybl was willing to consider an alternate location. C. Britton said there was really no alternate location for the house, as most of the property is steep and heavily wooded. In response to a question from E. Shelley, C. Britton said almost any trail would have to pass close to the homesite, as the property drops off very steeply. C. Britton said he felt it would be an intrusion to have a trail easement close to the house. Mr. Auchincloss, commenting on the current lawsuit vs. Lynda Rose and Judy Basich, who sold the land to Mr. Hybl, said the lawsuit involves the improvement of Crazy Pete Road. He said that at the time the Hybls bought the property, the sellers agreed to improve the road to County standards for approximately 500 feet from Skyline Boulevard and had failed to do so. He said the second cause of the legal action has to do with a deed restriction restricting use of a certain area of the property. He said there are several reasons why the restriction is invalid and the court is being asked to declare the restriction invalid and to terminate or clarify it. He said the third cause concerns the relocation of the road on the Hybl property. K. Duffy said she was in favor of acquiring the property, adding that she hoped negotiations would continue. R. Bishop said Crazy Pete's Road would be very advantageous for the public to use. He said he felt it was unfortunate that the original natural routing of the road, which followed the natural terrain, would be blocked off by a residence. He said rerouting the road to the south would not be feasible because of the steepness of the terrain, and stated he felt discussions and negotiations with Mr. Hybl should continue to see if any solution can be worked out. R. Bishop said the property was an important link. He said he felt condemnation should not be used except on land which has some very special and important value to the District and that the location of this land qualified it for eminent domain proceedings, but added he felt negotiations should continue in an effort to settle in an amicable way. Mr. Auchincloss said it was his understanding that the Resolution of Public Necessity would give the District immediate possession of the property, which he said he felt would effectively cut off any negoti- ations that had to do with cooperation. He requested that the necessity to take immediate possession of the property be deleted from the Resolution. H. Grench said the power of immediate possession is something that is rarely used, and that, in this case, it is in the Resolution because of the extensive vegetation and tree removal that had already been done on the property. He said it was extremely important that that activity be stopped. He said the Resolution gives staff and the District's attorney the power to exercise immediate possession, and said there was a chance with negotiations that it might not be necessary. Page five C. Britton said that in order to take immediate possession, the District is required to deposit the amount of the appraised value with the court, which is then available to the owner of the property. Mr. Auchincloss said he felt that creative negotiations were precluded by the deposit of the money with the court. D. Wendin said he reluctantly support the use of eminent domain because the power of eminent domain is awesome, but said he felt this was an appropriate case for it. He said some compromises might be available - that had not yet been explored. H. Turner said he felt the property was very qualifiable for the District's exercise of its power of eminent domain. He said he supported the Resolution, but also supported the idea that creativity and good will may create something. He said he supported immediate possession, but hoped staff would focus on its declared purpose of its concern for firewood removal and grading as its primary purpose. He said if staff were satisfied that those offenses will cease, then he would encourage the District not to take immediate possession. Mr. Auchincloss said Mr. Hybl would be leaving the country shortly for an extended absence, and asked if the Board would instruct staff to let Mr. Hybl leave ws Y ea e the status quo as it is as regards Mr. H bl q g Y non-destructive use of the property until the trial date of April 30, 1984 . N. Hanko asked if there would be any difficulty in allowing the vehicles on the property to remain for three months . C. Britton said there might be a liability problem for the District if the vehicles were allowed to remain. R. Bishop said he thought it would be possible to cover that problem o' with an agreement under which the District would not be responsible for the safety of the property. He said he would like to see staff explore ways of accommodating Mr. Hybl without jeopardizing the District's rights . Motion: K. Duffy moved the Board adopt Resolution 84-2, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District, Finding and Determining That the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, To Wit, for Public Park, Recreation and Open Space Purposes, Describing the Properties Necessary Therefore and Authorizing and Directing Its Retained Legal Counsel to Do Everything Necessary to Acquire All Interests Therein (Coal Creek Open Space Preserve - Hybl Property) . R. Bishop seconded the motion. Discussion: D. Wendin noted the resolution contained a provision for immediate possession of the property, and that the firm of Rogers, Vizzard & Tallett was authorized to obtain an order for immediate possession to prevent development and/or destruction of the property. The motion passed unanimously. Meeting 84-2 Page six B. Whittemore Gulc.- Redwoods Open Space Preserve Use and Management Plan D. Hansen introduced report R-84-04, dated January 18, 1984, noting the property was becoming quite popular due to the high level of publicity it has received and because access and parking have been improved. ' D. Woods showed slides of the property. N. Hanko suggested horse patr61 of the Preserve be considered rather than upgrading the roads mentioned in the report for vehicle patrol.", H. Grench stated that staff has been looking into the possibility of horseback patrol and it may be feasible in the future, but that it is too costly and inefficient at the present time. Discussion centered on the maintenance of the roads and the possibility of equestrian patrol. Motion: R. Bishop moved the tentative adoption of the use and manage- ment plan for the Whittemore Gulch Redwoods Open Space Preserve. E. Shelley seconded the motion. The motion passed unanimously. C. 1984 Appointments to Board Committees H. Turner distributed copies of a January 25, 1984 memorandum he had prepared concerning the formation of a Land Management Budget Guide- line Committee. Discussion centered on whether a separate committee, rather than the Budget Committee, should be formed, whether the Committee could accomplish its work before budget preparation begins, current budget guidelines, and the Committee's charge. D. Wendin stated it was the Board 's consensus that the Charter to the proposed Land Management Budget Guideline Committee, as stated in H. Turner's memorandum, should be assigned to the Budget Committee. Discussion centered on the issue of public notification of committee meetings . S. Norton explained the different noticing procedures for standing and ad hoc committees of the Board. D. Wendin suggested a consensus statement on committee meeting notifi- cation policy, stating that only standing committee meetings need be noticed meetings; other committee meetings need be noticed only by specific action of the Board. The Board concurred with his statement. D. Wendin, with the Board's concurrence, made the following committee appointments: Budget : T. Henshaw, E. Shelley, and H. Turner Leg islative: R. Bishop, K. Duffy, and T. Henshaw Ad Hoc Committees Dog: R. Bishop and N. Hanko Office Space: E. Shelley, D. Wendin, and K. Duffy Public Transportation: N. Hanko and T. Henshaw Rancho San Antonio Upper House: E. Shelley and D. Wendin Motion: D. Wendin moved the Board disband the Vacancy Application Review Committee. R. Bishop seconded the motion. The motion passed unanimously. Motion: E. Shelley moved the Board disband the Hassler/Arts Council Liaison Committee. R. Bishop seconded the motion. The motion passed unanimously. D. Wendin stated, after conferring with R. Bishop, he felt the Board should disband the San Mateo County/Hassler Liaison Committee since the Board had voted to remove the buildings and restore the site to its natural condition. Meeting 84-02 Page seven Motion: H. Turner red the Board disband the an Mateo County/Hassler Liaison Committee. E. Shelley seconded the motion. The motion passed unanimously. D. Wendin appointed R. Bishop, T. Henshaw, and N. Hanko to the Skyline Ridge Open Space Preserve Proposal Evaluation Committee. D. Truck Radio Purchase D. Hansen introduced memorandum M-84-10, dated January 18; 1984, and reviewed bids received on the mobile radio system. Motion: H. Turner moved to authorize the General Manager to award the mobile radio contract, including provision of schematic drawings, to Communications Research as the lowest responsible bidder for the amount of $6770 .37 . K. Duffy seconded the motion. The motion passed unanimously. E. Renewal of Investment Authority M. Foster introduced memorandum M-84-06, dated January 9, 1984 , regarding authority for the investment of temporarily idle District funds. Motion: R. Bishop moved adoption of Resolution 84-3 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Certain Board Employees to Invest ' Temporarily Idle Funds in Securities Allowed by Government Code. H. Turner seconded the motion. The motion passed unanimously. Y F. Revision of Authorized Signatories for District Accounts and Safe Deposit Boxes J. Fiddes presented memorandum M-84-04 , dated January 12, 1984 . Motion: H. Turner moved adoption of Resolution 84-4, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 84-5, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Certificate of Authority of Officers (First Interstate Bank of California) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 84-6, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing Checks and Other Instruments for Savings Account (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 84-7 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Endorsing Checks and Other Instruments for Checking Account (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion . The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 84-8, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion. The motion passed unanimously. Page eight IX. INFORMATIONAL REPORmq T. Henshaw said she Ad been scheduled to atte- - the Special District Board Management Institute in Santa Barbara, but was unable to attend, and wished instead to attend the CPRS Conference in San Diego the first weekend in March. Motion: E. Shelley moved the Board authorize T. Henshaw to expend travel and associated costs to attend the CPRS Conference in San Diego. H. Turner seconded the motion. The motion passed unanimously. H. Turner said he had attended the Whole Access Project Seminar. D. Hansen reported seven firms had been selected to submit proposals for the Skyline Ridge Open Space Preserve master plan. He di8played the Windy Hill brochure prepared by District staff which has been submitted for a California Parks and Recreation Society award. K. Duffy encouraged Board members to attend the February 24 reception at the California History Center, featuring displays and information about the District. X. CLAIMS Motion: D. Wendin moved approval of the revised claims 84-2 of January 25, 1984 . E. Shelley seconded the motion. The motion passed unanimously. XI. CLOSED SESSION The Board adjourned to Closed Session to discuss land negotiation and litigation matters at 10: 45 P.M. XII . ADJOURNMENT The Board reconvened to adjourn at 11 :16 P.M. Joan Combs Secretary Claims 8' Revised Meeting t.�- January 25, 1984 ' C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i C L A I M S r Arount Name ]Description_ 5984 $ 12.00 Amerigas Oxygen/Acetylene Refill 5985 25 .00 Doug Bryce Membership to Park Ranger Assoc. of CA 5986 80.95 CA Water Service Co. Water Service-Rancho San Azit6nio Open Space Preserve �I� 5987 409.00 Cardillo Travel Training Travel Expense-J.Boland 5988 60.00 Central Coast Counties Police Ranger Training Academy 15989 16.61 Clark's Auto Parts,lnc, Vehicle Equipment 5990 6.18 Clemson University Extension Reports 5991 213.00 Communications Research Co. Radio Maintenance Service I5992 208,000.00 County of San Mateo Court Deposit-Hybl Parcel u5993 85.20 Equipment Services Inc. District Vehicle Repair 4 266: 75 "First American Title Escrow and Title Insurance Fee Guaranty Co. r,%5 400.00 Foss and Associates Personnel Consulting Fee-Dec, 5996 87.50 Herbert Grench CPRS Conference and Subscription 5997 11. 95 Hawkins and Associates Inc. Book 5998 142.38 The Hub Schneiders Ranger Uniforms 5999 370.00 Lauren Langford Newsletter Typesetting; 6000 55.00 League of CA Cities Legislative Bulletin 6001 205.55 Los Altos Garbage Co. Garbage Service 6002 709.51 Ginny Mickelson Openspace Newsletter and Progress ' Report 6003 281.16 Mi.nton's Lumber and Supply Materials for Trail Repairs and Fremont Older Open Space Bridge 6004 56.13 Monte Vista Garden Center Rock for Rancho San Antonio Open Space Preserve Road 6005 192.91 Mt. View Discount Office Office Supplies Supply 6006 83. 35 Norney' s Office Supplies 7 367. 85 On-Line Business Systems ,Inc. Computer Services-Nov. 6008 245.08 Orchard Supply Hardware Shop Supplies ' 6009 220. 85 PG and E Utilities Claims 84-2 zanVary 25 , 1984 22eer=n V g 84-2 Revzse - . Amount Name Description 6010 $1 ,142.27 Peninsula Oil Co. Gas for District Vehicles 1 359.12 Pine Cone Lumber Co. , Inc. Building Materials-Frem- nt Older- Open Space Preserve Bridge 6012 8, 756.36 Pinkerton's, Inca Security Guard-Hassler 6013 5 .00 . Rancho Cobbler & Cleaner Ranger Uniform Repair 6014 34.03 Specialty Graphics P•rinti.ng _ 6015 782.00 ' R. Trainer Engineers Inc. Electrical Engineering Services- Bean House 6616 500.00 U.S. Postmaster Postage for Pieter 6617 65. 74 Union Oil Gas for District Vehicles 6618 30.00 Bob Watson Pilot Generator-Saratoga Gap Rental Structure 6619 173.00 WIA-CSPRA-PRAC Joint PRAC Ranger Conference -- . Conference g -ce Restrat Boland,Escbb ar,and young 6620 535 .29 Xerox Repair,Maintenance and Usage Charge-December 6621 58.58 ZZZ. Sanitation Co. Portable Toilet-Hassler 6622 *200.00 Fire Mountain Fireplace Co. Wood Stove-Hosking House 6623 545. 71 Bent's Engine Service ' Generator Repair-Bean House Kn4 25 ,200.00 Sorgdrager Trucking Interim Payment-Hassler Renovati�' ,c5^*50 ,000.00 Mr. & Mrs. Robert 11 Bea n Accelerated Nate Payment 6626 184.52 Pettyash Y Miscellaneous Office Exnense, Tap Drafting Supplies ,Photos,Private , Vehicle Expense,Postage,Boo'k, Seminar 'Expense,and Local 2•rsal Conference *-Emergency Check 1-17-84 . **This is an accelerated principal payment due 7/28/84. The owner has agreed to a $7,500.00 interest reduction on the 10% note, making the effective interest rate 5% for this year's amortization. WRITTEN COMMUP TION Meeting 8 Feb. 22 , 1984 NE MEWEVERM nmwmufl �wo February 20, 1984 Governing Board Mid Peninsula Open Space District 375 Distel Circle, #D1 Los Altos, CA 94022 Re: Sierra Azul Preserve Attn: Governing Board Members: I am writing to express my concern regarding recent developments in your Sierra Azul preserve section of the Mid Peninsula Open Space District. Over the past decade, many of the local equestrians, as well as joggers, have had the pleasure of utilizing this trail system. Recently, however, we have been faced with an influx of both dirt bicycles and motorcycles. The individuals operating these vehicles have been attired in helmets and knee pads, with the obvious intent of running to the top of the mountain so that they can cruise at high speeds when they return in a downward direction. At such speeds, they are unable to control these vehicles should they encounter a pedestrian or equestrian, and be required to attempt to stop on short notice. It is my feeling that wheeled vehicles are not compatible with horses and joggers on these step trails. As you are no doubt aware, the Sierra Azul Preserve is located in a residential area with a high percentage of horse owners. Unfortun- ately, due to the increase of motor vehicle traffic on the public high- ways, as well as construction projects encroaching on trails which we were previously able to utilize, the local equestrians are now left with severely limited options for their riding activities. The Sierra Azul Preserve has been one of the few remaining sites where this sport could be enjoyed. It seems a shame that the enjoyment of the major- ity of those persons residing in the local area should be threatened by out-of-the-area "thrill seekers" who certainly have better access to usage of other facilities. I would appreciate your governing board taking this matter into consideration to determine whether a resolution to this problem can be developed in the immediate future. Sincere) , "or n Ink 17182 Zena Avenue Monte Sereno, CA 95030 (408) 354-3260 Main Address: 1901 S. Bascom Avenue, Suite 1301 Campbell, CA 95008 (408) 559-6205 Offices also in Oakland, Sacramento & Salinas WRITTEN COMMUNICATION Meeting 84-,' Feb. 22 , 19 1q Dear Board of Directors , I For the past few years my family and I have enjoyed hiking and riding our horse in the open space area off of Kennedy road in Los Gatos . We feel fortunate to have such a lovely area near home where my children can enjoy nature through bird and plant identification , photography , watching deer , and finding excitement when a tiny rabbit or covey of quail scurries across their path . Even the children ' s grandparents join us from time to time . Recently the park has become more accessible because of a new entrence and more people have been encouraged to enjoy the pleasant wilderness area . However , along with more use , there should be an increase in patrol by rangers . What is of great concern to me is the bicyclists who evidently walk their bikes up the mountain and come barrelling down the the road , basically out of control . This is verydangerous for anyone g yo e else in the park on the fire road , which is the only pathway up and down the mountain . I hope you will look into and deal with this public ha zard Zzarl and find a safe solution so all can enjoy your beautiful open space with out fear of being run down . Sincerely , Sall Skol 125 Lansberry Ct . Los Gatos , CA 95030 (408) 356-4097 ti WRITTEN COMMUNICATI(- Meeting 84-4 February 22, 1984 February 14, 1984 Board of Directors Mid-Peninsula Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94072 Dear Board Members, The purpose of this letter is to urge the members of the governing board to banish trail bicycles from the Manzanita Ridge Park (Los Gatos). I believe this a valid request as horses and trail bikes are an incompatible combination on the trails. To support this request, I offer the following discussion. The two objectives of the trail bike people, while in the park, are speed and thrill. This fact is evidenced by the use of crash helmets and body protective gear. The extreme hazard trail biking brings to the wilderness experience is manifested in two ways to the horseman or hiker. First, the anticipation of a bad accident when these bikes are present and, second, the actual collision between horse or person and the bicycle. I have personally experienced such a collision. A downhill biker came around a blind corner, fell and slid under by horse's front legs and belly. Fortunately, my horse did not rear up and injure the biker, but instead scrambled up a steep embankment where he lost his footing. Please consider the following: if, indeed, the governing board of the Mid Peninsula Open Space District believes in the wilderness experience then allow only "feet" to use the wilderness paths and roads. If the wilderness experience is to include excessive speed and thrilling experiences by allowing wheels and other future manufactured inventions, then the basic premise and philosophy of "open space wilderness" is being violated. I also point out, at the request of hikers, joggers and horsemen, that trail bikes are now banned in the Guadalupe Mines, Quicksilver Park. The ban was a result of excessive speed and unsafe conditions created by the trail bikers. Manzanita Ridge, formerly known as Kennedy Trails, is a park located in an equestrian area of Los Gatos. The primary users of the park are the local horsemen who live in the immediate neighborhood. The trail in this three hundred acre park is the only trail remaining in East Los Gatos for the use of horses. -2- On Saturday, February 11, it was my unfortunate experience to meet a board member who vigorously supports trail biking and vehemently opposes horses. This woman and her companion made their philosophy clear in a rude and disgusting manner. I only point out this encounter because I wish this letter to be read by all the board members and also that my request be given a fair and equitable consideration. I look forward to a resolution of this problem as do others who wish to use the Manzanita Ridge (Sierra Azul Preserve) in a safe and fulfilling manner. Sincerely, I-, I Barbara Fluer BF:cp 15298 Kennedy Road Los Gatos, CA 95030 C1 '-ns 84-4 Revised ME ng 84-4 Feu�uary 22, 1984 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S # Amount Name Description 40 6674 $ 12.G4 Amerigas Oxygen/Acetylene Refill 6675 400.00 Louis Bordi Road Repair-Coal Creek Open Space Preserve 116676 36.00 CFS Publication Subscription 6677 70.01 CA Water Service Co. Water Service-Rancho San Antonio Open Space Preserve 6678 22. 79 Clark' s Auto Parts and District Vehicle Equipment Machine Shop, Inc, 6679 33.00 Patrick Congdon Reimbursement for District Vehicle Equipment 6680 6. 39 Crest Copies Inc. Blue Lines 6681 250.00 Edmund A. Guidice Ranger Training �6682 217, 78 Honeywell Protection Burglar Alarm System-Ranger Office Services 6683 460.08 The Hub Schneider's Ranger Uniforms 6684 80.00 J & R Drilling Drilling for Trails Entrance-Kennedy" - Road Area 6685 2 ,465.01 Keller and Daseking, . PCB Removal Services-Hassler Architects 6686 10.65 Langley Hill Quarry Base Rock-Ranger Residence Driveway 6687 451.60 Los Altos Garbage Co. Garbage Service 6688 33.02 Charlotte ZSacDonald Meal Conference 6689 27.58 Minton's Lumber and Supply Field Supplies 6690 512. 30 National Mailing Service Collating,Labeling and Mailing- Open Space Newsletter ' 6691 32. 20 Stanley R. Norton Telephone, Copying, and Meal Expensemsl 6692 11. 77 Norney' s Office Supplies 6693 352.96 On-Line Business Systems ,IncComputer Services-December- ra 6694 205.48 Orchard Supply Hardware Shop and Field Supplies 6695 21.57 PIP Return Postcards-Openspace Subscribers 6696 262.46 PG and E Utilities 6697 35.40 Photopia Photostat for District Display '6698 70.00 Recreation and Park CPRS Conference-J, Boland Conference Claims 84-4 Revised, M—ting 84-4 Page 2 ruary 22, 1984 # Amount Name Description 6699 $2 ,755.00 Scribner Graphics Printing-Openspace and Progress Report Inserts 6700 118.00 Silicon Valley Travel Travel Expense -H. Grench 6701 42.03 Pat Starrett Private Vehicle Expense 6702 100.00 State Parks Foundation Trails Workshop-D. Hansen 6703 500.00 U.S. Postmaster Postagefor Newsletter 6704 500.00 U.S. Postmaster Postage for Meter 6705 103. 12 Union Oil Gas for District Vehicles 6706 35.00 Alice Watt Subscription Reimbursement ' 6707 44.12 West Coast Shoe Co. Ranger Uniform Boots 6708 100.00 ZZZ Sanitation Co. Portable Toilet-Hassler 6709 5,000.00 IT Corporation PCB Removal-Hassler 6710 28. 76 L. Craig Britton Rental of Video Equipment , 6711 8,402.51 Pinkerton' s , Inc. Security Guard-Hassler 6712 295. 72 Mountain View Discount Office Equipment and Supplies Office Supply I6713 90,000.00 Western Title Insurance Co. Purchase of Quinn Property I6714 400,000.00 Transamerica Title Insurance Wilkins Property Option Co. '6715 444. 13 Fire Mountain Fireplace Co. Woodstove and Parts-Skyline Blvd. Rental Unit f6716 218.02 Petty Cash Postage ,Private Vehicle Expense, Map Duplication,Miscellaneous Office Supplies ,Book,Out-of-Town Z2eetings ,Local Meal Conferences, Viedotape, and, Film he: hassler buildings. February 11, 1964 Board of Supervisors San Mateo County. To the Board: We are becoming; a society that destroys better things than it can build. I simply cannot understand the Midpeninsula Regional Open Space Board's stubborn insistence in their attempt to destroy good and useful buildings that others want for a worthy and artistic purpose. The artists have a wonderful idea and a perfect use for the land. People need shelter and facilities, AND WE SHOULD ALL BE CONSIDERED - not just hikers and backpackers. There is more than one way to appreciate mnature, and buildings (in and of themselves) are not anti-nature. Good buildings merge with nature and provide comfort and warmth (or cool) for. people. There are not many people toho would go there and spend the day sitting on the ground, AND THERE ARE MANY OTHER PLACES TO DO THAT. In this instance, I think that the MROSD is abusing, its power. Perhaps we should vote on it. Sincerely, �t�. e�xaz�es a. Day j vim. 304 N aa<Stuzi deecjwooc� �lty, 6,di f. 94062 369-0690 !I V M-84-20 (Meeting 84-04 Feb. 22, 1984) Alm 0 tow MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM February 9, 1984 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Committee Meeting Notification Discussion: This agenda item was initially slated for discussion at your meeting of February 8 but was deferred due to the lateness of the hour to your meeting of February 22 . My report (M-84-17) and recommendation pre- pared for the February 8 meeting is included herein. M-84-17 y (Meeting 84-03 February 8, 1984) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I MEMORANDUM February 1 , 1984 TO: Board -of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Assistant SUBJECT: Committee Meeting Notification Discussion: At your meeting of January 25, you discussed committee meeting notification procedures in conjunction with your agenda item concerning 1984 Board committee appointments (see memorandum M-84-7 of January13, 1984) . Your stated consensus on this matter was that standing committee meetings should continue to be publicly noticed ced and that special committee me etings eetings should be noticed based on specific action of the Board of Directors. I have assumed you wished any particular committee also to have the power to establish notification for that committee. Based on your discussion and consensus, I propose the following addition to the portion of your Rules of Procedure dealing with Board Committees: Section 1 .86 Committee Meeting Notification. Meetings of standing committees and of committees of a quorum of the Board shall be publicly noticed. Meetings of special committees shall be publicly noticed if the Board of Directors or the specific Board-appointed special committee determines that such public notification is appropriate. Public notification for a committee meeting or a series of regularly scheduled committee meetings shall consist of posting a notice on the District office door, listing committee meeting notification on Board meeting agendas, when feasible, and mailing a notice to persons who have requested notification of a particular committee. The time and place of the committee meeting shall be included in the notice. The provision for committee meeting notification as outlined above shall be directory only, for committees of less than a quorum of the Board of Directors, and the failure to give such notice shall not prevent such committee meeting from being held or affect the validity of any action taken at the meeting. Recommendation: I recommend you approve the proposed Rules of Procedure addition relating to committee meeting notification. Staff will then return at a future meeting with a resolution to incorporate officially this wording into your Rules of Procedure. R-84-09 (Meeting 84-4 AA, February 22 , 1984) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT February 22, 1984 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; A. Watt, Environmental Analyst SUBJECT: Proposed Addition to Skyline Ridge Open Space Preserve - Quinn Property Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase an 80 acre parcel adjacent to the southern boundary of the 870 acre Skyline Ridge Open Space Preserve. It would become an addition to this Preserve. Located on the eastern slope of the Santa Cruz Mountains, this property includes the con- fluence of two tributaries of Lambert Creek. This creek corridor could provide a scenic natural route for part of a loop trail around the periphery of Skyline Ridge Open Space Preserve. A. Description of the Site 1 . Size, Location and Boundaries The 80 . 16 acre property consists of two parcels, one 74 .94 acres and the other 5 .22 acres, and is located in San Mateo County. Skyline Ridge Open Space Preserve is adjacent to the north, while private properties lie to the east, south, and west. A portion of Old Page Mill Road passes in a north-south direction through and along the western boundary of the site. One-half mile to the southeast within Devil 's Canyon are two parcels owned by Peninsula Open Space Trust. 2 . Topography, Geology and Soils Two steep-sided canyons cut a large "V" through the property, converging at a small pleasant level site near its southern boundary. Lambert Creek enters the property from the north- east with headwaters at Horseshoe Lake and passes through the small lower reservoir on Skyline Ridge Open Space Preserve. The other arm of Lambert Creek, a perennial tributary, enters the property from the northwest, with its headwaters at the main reservoir of Skyline Ridge and the area south of Alpine Road. Immediately south of the property, Lambert Creek joins Peters Creek and eventually passes into Portola State Park. Elevation ranges from 1920 feet on the eastern ridqe to 1120 feet at the confluence of the creeks . Devil 's Canyon Fault, which parallels the San Andreas Fault, cuts through the site but is not considered to be active. The San Andreas Fault lies approximately two miles to the east. R-84-09 Page two The major soil type on the property is the Felton-Maymen association. This association, which occurs on steep slopes, consists of well to excessively drained, medium and moderately fine textured soils which develop on strongly acid sandstones and shales. Outcroppings of this form of underlying rock are present on site. 3 . Vegetation and Wildlife The property contains three major vegetation types - predominantly mixed evergreen forest with riparian vegetation along the creeks and some chaparral on the steep south-facing slopes . Madrone, bay, oak, and Douglas fir are the dominant trees. Due to the steepness of the terrain and the distance from major roads, the site is relatively undisturbed. The streamside corridors are particularly attractive to wildlife. B. Current Use and Development The property contains a 5 acre "homestead" area, including an 800 square foot house, two story stable, chicken coop, driveway and parking area. The "homestead" area will be leased back to the seller and is currently used as a personal residence by the seller's brother. The buildings were constructed without permits . Any problems arising from the lack of permits will be the responsibility of the lessee. The homestead is on a small plateau above Lambert Creek and is not visible from the immediate creek corridor. Water is pumped from a spring on the property, and maintenance of the water system would be the responsibility of the lessee. Access to the homestead is from the north entrance of Long Ridge Road, via Diablo Road, with easements across adjacent private property. C. Planning Considerations Acquisition of the property for open space is in conformance with San Mateo County's General Plan. It lies within San Mateo County's Resource Management District, and although outside District boundaries , it is within the District's Sphere of Influence. The property will be incorporated into the proposed master plan for Skyline Ridge Open Space Preserve. D. Relationship to Existing and Proposed Trails The master plan for Skyline Ridge Open Space Preserve will include trails linking Skyline Ridge with Russian Ridge, Monte Bello, and Long Ridge Open Space Preserves as well as an internal trail system. The Lambert Creek corridor together with its tributary could potentially provide a connecting route for a loop trail around the periphery of the Preserve. It could connect the lower reservoir road to Old Page Mill Road. Because of the steepness of the terrain, the alignment needs study. Several waterfalls are reported along this section of Lambert Creek. Although the property is currently surrounded by private property on the east, south, and west, there is long range potential for trail connections from Long Ridge Open Space Preserve via Devil 's Canyon and to Portola State Park via Old Page Mill Road. The route from Skyline Boulevard to Portola State Park via Old Page Mill Road is part of San Mateo County 's proposed, but as yet unadopted, trails plan. R-84-09 Page three E. Potential Use and Management As the District's top priority under the Relative Site Emphasis Policy, Skyline Ridge Open Space Preserve will have a master plan developed to guide future use and management. Because it is a natural addition to the preserve, this property would be included as part of the planning process . It offers opportunities for expanding hiking and equestrian trails within the Preserve as well as the potential for connection with regional trails. F. Use and Management Recommendations 1 . The site should be open to hikers and equestrians who can gain access through private property or from adjacent District lands . 2. Preserve boundary signs should be placed at appropriate boundary points. G. Naming It is recommended that the property be an addition to Skyline Ridge Open Space Preserve and be known by the same name. H. Dedication It is recommended that the property be dedicated as public open space. I . Terms As stipulated in the attached Agreement, the purchase price for this 80+ acre parcel contains two elements: 1 . A cash payment of $90, 000 at the close of escrow. 2. A 50-year lease for the 5-acre "homestead" area currently occupied by Robert Quinn, brother of the seller. This lease has the many standard clauses ordinarily included in such a lease to protect the lessor ' s (District's) interest and to enhance the relationship of this in-holding to the balance of the property to be used as public open space. Some of the more critical terms of the lease provide that: a. The lease can only be assigned to Robert Quinn during the first six years of the lease; otherwise, the lease would terminate upon payment by the District of $25, 000 at the option of the lessee. b. The District would be responsible for a survey of the leasehold area if the lease is assigned. C. If the lease were assigned to Robert Quinn, the term would be the shorter of 50 years or his lifetime from the close of escrow. d. There would be no payment of rent, since the lease is a part of the consideration for the purchase of the property, which is valued at $25, 000 for the first six years, with no buy-out provision thereafter. e. The leasehold area can only be used for the principal place of residence for Robert Quinn. f . Any problems associated with the lack of permits for the structures, etc. , is the full responsibility of the lessee. R-84-09 Page four g. Any and all relocation rights and/or payments are to be handled by the lessee. h. The property must be maintained in a clean, safe condition with no polluting of the stream or cutting of live trees for firewood. i. The on-site road maintenance is the responsibility of the lessee, and the District may use the road for patrol . The purchase price is based upon the ability to divide this 80-acre parcel into two 40-acre sites worth approximately $60,000 each (less certain mapping costs) as raw sites for a total value of $115, 000. The basis of value for the 5-acre leasehold interest is the remainder after subtracting the value of the District ' s one 40 acre site at $60, 000 plus 35 acres of plottage at approxi- mately $850 per acre ($30, 000) for a total of $90, 060, leaving a $25, 000 value for the leasehold. The initial $90, 000 cash payment would be required at the close of escrow (by the end of February, 1984) from the New Land Commitments budget category. There is the possible additional payment of $25, 000 if the seller does not assign this lease to Robert Quinn and instead exercises the option to sell the leasehold interest back to the District. Whether this additional payment will be required will remain unknown during the 6 year period from the close of escrow. Recommendation: I recommend that you adopt the Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certi- ficate 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 (Skyline Ridge Open Space Preserve - Lands of Quinn) . I further recommend that you tentatively approve the interim use and management recommendations contained in this report and name the property an addition to the Skyline Ridge Open Space Preserve. I also recommend that you indicate your intention to dedicate this property as public open space. i A 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 ALI, OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (SKYLINE RIDGE OPEN SPACE PRESERVE - QUINN PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Omen Space District does hereby accept and approve that certain Purchase Agreement between Sandra M. Quinn-McEwen and the Midpeninsula Regional Open Space District, dated February 15 , 1984, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to .,., execute the Agreement .on behalf of the District. Section Two. The President of the Board or other appro- priate officer is authorized to execute the lease on behalf of the District as referenced by attachment to said Purchase Agreement. Section Three. The President of the Board or other appro- priate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance and approval of agreement to sellers. 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 Five. The General Manager of the District is authorized to expend up to $2 ,000. 00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $90 ,000.00 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1982 Negotiable Promissory Notes Acquisition Fund for this purchase. i�lr Ti�r� n C;I�j. eel EXHIBIT—A Page—L-.-of ' Flik Al 6' Homestead 17 ,�� -Lease � . Canyon Ranch _"•- 25�: it ' J400 �• 1`,�� : Access Q Road N - O ` z ' 5 '° ''. �, •,� Ili EX 41131 T Portola 'lizq,wl,z• h�d Los Valley Altos ao S 'f tos e3 �La ?a ar f g `�0 �� g� Altos cusn goz d �� c 16W— �3 Du M lMlit `� rsoiAzr,coze "luiK '+� ( SKYLINE RIDGE „�" Y 6 ,; •„ OPEN SPACE PRESERVE _ Permanente e O11Y srY,rrr.r..•Y + l H1king/`E�strlan ' _.•� �;',.', Rv,v,00 - o _____ Trails S� Private Residences 7n sC F, ~ 6 (Please observe CREEK,g I IY `�� � � �t4 4 ^J r(lNY1 co iARK •—�. - ��; residents privacy) "�c Oz CS' � rrsr zio„oi - •s' � 'Q >�r ` ` ,� Scale 1" = 2000' North l 4. 1 Y PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between SANDRA M. QUINN-McEWEN, a married woman who acquired title as a single woman, 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, containing approximately eighty and sixteen hundredths (80. 16) acres, and commonly referred to as San Mateo County Assessor' s Parcel No. 080-390-060 (all) and 080-390-050 (portionj . Said real property being more particularly described in Preliminary Title Report No. 103017, dated January 27, 1984, from Western Title Insurance Company, and designated Exhibit "A" as attached hereto and by this reference incorporated herein and made a part hereof. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. The real property herein described and the improvements and structures thereon shall be acquired and accepted by the DISTRICT in "as is" condition. 2. PURCHASE PRICE AND MANNER OF PAYMENT District shall pa y y to Seller the sum of NINETY THOUSAND & N01100 DOLLARS ($90,000. 00) , as part of the 1 I 1 t ! sale price, payable in cash at such time as escrow may be closed and title conveyed to DISTRICT under the terms and conditions set forth herein. As further consideration for the purchase of said real property, DISTRICT shall execute and be bound by the terms and conditions of the Lease as further described in Paragraph 8 herein; which Lease contains a provision for DISTRICT buy-out of said leasehold interest for TWENTY-FIVE THOUSAND and N0/100 DOLLARS ($25,000.00) within the first six (6) years at SELLER'S option. 3. TITLE AND POSSESSION Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, " judgments, easements, taxes, assessments, covenants, restrictions , rights, and conditions of record except: (A) Taxes for the fiscal year in which this escrow closes shall be prorated as of the date of close of escrow, provided however, that SELLER shall pay and satisfy all delinquent and unpaid taxes as of said date. (B) Typewritten exceptions numbered 2, 4, 5, and 6, listed in said Preliminary Title Report (Exhibit "A") . (C) The Lease a e referred to in Paragraph 8 herein, a copy of which is attached hereto as Exhibit "B" , and such other title exceptions as approved by DISTRICT. 2 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this transaction. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, and any other charges, costs , or fees incurred in order to deliver marketable title to DISTRICT. 5. COMMISSIONS DISTRICT shall not be responsible for any real estate sales commission or other related costs or fees assessed in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES Except as provided in Paragraph 8 herein, SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons other than ROBERT QUINN occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. of the California Government Code. ) 3 7. ANNEXATION SELLER understands that the subject property lies outside the boundaries of DISTRICT and SELLER agrees to cooperate with DISTRICT, where necessary, including the signing of an application or letter agreeing and consenting to annexation of said property into DISTRICT'S boundaries. 8. LEASE With knowledge that SELLER'S brother, ROBERT QUINN, is in actual possession of the subject property, SELLER and DISTRICT shall execute and deliver into escrow, effective as of the date of close of escrow, that certain Lease in the form of Exhibit "B", as attached hereto and incorporated herein by this reference, relating to the existing Buildings and an area comprising approximately five (5) acres surrounding said Building as further described in the Lease (Exhibit "B") . 9. ACQUISITION OF TITLE BY SELLER It is understood and agreed that SELLER shall be ICI responsible for and pay any and all costs associated with .acquiring and delivering clear title to DISTRICT to that certain five and eighty-two one hundredths (5. 82) acre portion of the subject property, commonly known as a portion of San Mateo County Assessor's Parcel No. 080-390-050, as described in said Exhibit "An , owned by ROY CLIFTON JENKINS; and further provided that SELLER shall be responsible for and satisfy any and all costs and conditions required for completion of 4 f the final Subdivision Map or final Parcel Map for the lot-line adjustment as required by the County of San Mateo (File No. 82-1) , and cause the recordation of the proper map with the office of the San Mateo County Recorder. 10. ACCEPTANCE AND TERMS OF ESCROW Provided that SELLER has executed and delivered this Agreement to DISTRICT on or before February 17, 1984, DISTRICT shall have until February 23, 1984, 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 said offer, DISTRICT has paid and SELLER acknowledges receipt the sum of TEN and N0/100 DOLLARS ($10. 00) . Time being of the essence and provided that this Agreement is accepted and executed by DISTRICT, this transaction shall close as soon as practicable, but not later than February 29, 1984, provided however that the parties may, by written agreement, extend the time for closing. s This transaction shall close through an escrow to be conducted by Western Title Insurance Company, Redwood City, California, 94064. 5 11. ACCRUAL The provisions hereof shall accru e ue to the benefit of and bind the respective heirs, devisees , assigns, or successors in interest of the parties hereto. 12. SURVIVAL OF TERMS AND CONDITIONS The terms, covenants, and conditions of this Agreement, and the duties and obligations of the parties hereto, shall survive the close of escrow hereof, the Deed and the conveyance of the above described real property. MIDPENINSULA REGIONAL OPEN SELLER: SPACE DISTRICT: APPROVED AS TO FORM: SANDRA M. QUINN-McEWEN Date STANLEY NORTON DISTRICT COUNSEL ACCE FOR RECOMMENDATION: L. CRAI RITTON, SR/-WA LAND ACQ ISITION MANAGER APPROVED AND ACCEPTED: ATTEST: PRESIDENT DISTRICT CLERK BOARD OF DIRECTORS Date: 6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i Copies of the lease and title report are available for inspection at the District office, 375 Distel Circle, Suite D-1, Los Altos. i i Acknowledgment - General STATE OF CALIFORNIA ) ss. COUNTY OF On before me, the undersigned, a Notary Pulylic for California , personally appeared LAWSCA M , personally known to me (or proved to me on the basis of satisfactory evidence) , to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. ,,. OFFICIAL SEAL ��,�y � M'RSOS OTARY U IC OR CALIFORNIA "•.� tdOTARY PUBLIC - CALIFORM !�Jj /° rum. ezp'res D--c 20, 1995 Acknowledgment - General STATE OF CALIFORNIA ) ss. COUNTY OF ) pp On before me, the undersigned, a f Notary Public for California y pp� personally appeared L.. personally known to me (or proved to me on the basis of satisfactory evidence) , to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. NOTARY PUBLIC OF CALIFORNIA Acknowledgment - General STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public for California , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) , to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. NOTARY PUBLIC OF CALIFORNIA CONSENT OF SPOUSE I certify that: 1) I am the spouse of SANDRA M. QUINN-McEWEN who is described as the Seller in the foregoing Purchase Agreement and as the Lessee in the Lease which is Exhibit "B" to said Purchase Agreement. 2) I hereby confirm that the real property which is the subject of the Purchase Agreement is my wife ' s separate property. 3) I have read the terms and provisions of the Purchase Agreement and Lease and consent and approve of the same. Executed on �'� �- ► �, ;.,, - ; �� t-ri, 1984, at San Mateo, California. J ROBERT BRUCE McEWEN Acknowledgment - General STATE OF CALIFORNIA ) ss. COUNTY OF kf i On %, t,;t, �., , , �� ;-, 'y�? �j- , before me, the undersigned, a Notary Public for California , personally appeared i- h,-ui, t- ,,, r-.; - personally known to me (or proved to me on the basis of satisfactory evidence) , to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. n 3 OFFICIAL SEAL �i N-ANCY E W- P,OS NOTARY PUBLIC FOR CALIFORNIA t NOTARY PUBLIC - CALIFORNIA �J C 2 1 S,?;•: ",VJEO CrJ!j'NiY My comm. e,Pires D--C 20, 1985 Acknowledgment - General STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, the undersigned, a Notary Public for California , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) , to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. NOTARY PUBLIC OF CALIFORNIA Acknowledgment - General STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public for California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) , to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. NOTARY PUBLIC OF CALIFORNIA WESTERN TITLE HAYWARD P �1 PRELIMINARY REPORT JP: jk:KLN1,ESTERN TITLE INSL RANTcE Co�rP.-� • . � Y REDWOOD CITY OFFICE • (415) 369-2561 SURLINGAME OFFICE • 14151 347.1267 840 MIODLFFIELD RC). , p,0, BOX 2210 235 PARK ROAD p.0. 80x 4 68 REDwDOO CITY, CA 94064 SAN MATED OFFICE (415) 572.7146 BURL;NGAME. CA 940;0 DALY CITY OFFICE1215 S. EL CAMINO REAL • P,O, SOX 410 • (4151 756-8820 SAN MATEC. CA 94401 1080 SULLIVAN AVE. • P.D. SOX A DALY CITY, CA 94015 DIRECT All -v,: Redwood City Office dour No. Pat Starrett Our No. 103017-1 NST BUYER: PENINSULA OPEN SPACE TRUST BETSY DEL SARTO ESCROW OFFICER In response to the above referenced application for a policy of title insurance, WESTERN TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facili- tating the issuance Of a policy of title insurance and no liability is assumed hereby. If it is desired that liability a Binder or Commitment should be requested, blf ty be l assumed prior to the issuance of a policy of title insurance, Dated at 8:00 a.m.on January 27 , 1984 Vice President The estate or interest in the land described herein and which is covered by this report is: A FEE as to Parcel 1; AN EASEMENT as to Parcels 2 , 3 , 4 , S , 6 , 7 , 8 and 9 . Title to said estate or interest at the date hereof is vested in: SANDRA M. QUINN, also known as Sandra Margaret Quinn, also known as Sandra M. Quinn—Mc Ewen, a married woman, as to a portion of Parcel 1 . ROY CLIFTON JENKINS, an unmarried man , as to a portion of Parcel 1. Said land is situated in the City of County of San Mateo State of California, and is described as follows: SEE EXHIBIT "A" CLTEXHIBIT UNIFORM FORM NO. 7 (12.4.69) page of PRELIMINARY REPORT SEE PAGE TWO FOR EXCEPTIONS , PAGE TWO OF PRELIMINARY REPORT 1030 ORDER NO. 17-1 At the date hereof exceptions to coverage in addition to the printed es:cgxions and exclusioas contained in said policy form would be as follows: 1- The lien of supplemental taxes , if any, assessed pursuant to the provisions of Chapter 498 , Statutes of 1983 of the State of California. 2- Right of the public or adjacent landowners to use any portion of the premises lying within the lines of Old Page Mill Road or any other existing road for road purposes. 3- Deed of trust to secure payment of $20, 000. 00 and any other amounts secured thereby dated January 15 , 1969 , recorded January 15, 1969 , Book 5585 , Official Records, page 408 Trustor: Rancho Diablo Investment Company, a partnership Trustee: San Mateo County Title Company, a corporation Beneficiary: Arvia Hosking Loan No. : None Shown The beneficial interest of record under said deed of trust was assigned to Walter G. Edwards and Alfreda Edwards, his wife, as joint tenants recorded January 15 , 1969 , Book 5585 , Official Records, page 410. Request for notices of default and sale recorded May 13, 1977, Book 7475, Official Records, page 61, to: Rancho Diablo Investment Company 17270 Melody Lane Los Gatos, California 4- Convenants , conditions and restrictions pertaining to the use and maintenance of the easement parcels herein as embodied in the following deeds recorded: a) March 16 , 1966 , Book 5128 , Official Records, page 1; b) December 14, 1967, Book 5406 , Official Records , page 192; c) January 15, 1969 , Book 5585 , Official Records, page 416 ; d) July 30, 1970 , Book 5813 , Official Records, page 401; e) June 25 , 197i, Book 5967, Official Records, page 265; f) October 10 , 1972 , Book 6248 , Official Records , page 283 , and re-recorded October 24 , 1972 , Book 6255 , Official Records, page 675; and g) May 15, 1974 , Book 6614 , Official Records, page 151 (continued) EXHIBIT page ' 0f� w�a trti 1 1 Lt P.03 103017-1 -3- 5- Terms and conditions of that certain Agreement dated May 10 , 1974 by and between Rancho Diablo Investment Company and Waldo H. Leynse et ux, recorded May 15 , 1974 , Book 6614 , Official Records, page 155 . 6- Terms and conditions of that certain California Land Conservation Contract by and between the County of San Mateo and Rancho Diablo Investment Company, recorded February 28 , 1977 , Book 7392 , Official Records , page 483. 7- Deed of trust to secure payment of $30, 000. 00 and any other amounts secured thereby dated March 24 , 1977 , recorded May 13 , 1977, Book 7475, Official Records , page 63 Trustor: Sandra M. Quinn, a single woman Trustee : Western Title Insurance Company, a corporation Beneficiary: Rancho Diablo Investment Company, a partnership Loan No. : None shown 8- Deed of trust to secure payment of $5 ,000.00 and any other amounts secured thereby dated September 11, 1980, recorded September 16 , 1980 , Book 7988 , Official Records , page 1838 Trustor: Sandra Margaret Quinn, a single woman Trustee: Transamerica Title Insurance Company, a California corporation Beneficiary: Philip James Madsen Loan No. : None shown 9- A lien in the amount of $5, 508 . 96 and any other amounts due in favor of the United States of America, Collector of Internal Revenue recorded June 18 , 1981 as Recorder' s File No. 57624AS Taxpayer : Sandra M. Quinn, dba Twin Canyon Construction Address : Rt. 1, Box 10, Volcano, Ca. 9.5689 Serial No. : 94-258-81-517 Identifying No. : 94-2510304 10- A lien in the amount of $185.66 and any other amounts due in favor of the United States of America, Collector of Internal Revenue recorded August 7 , 1S81, as Recorder's File No. 753RIAS Taxpayer: Sandra M. Quinn, dba Twin Canyon Construction Address : Rt. 1, Box 1Q, Volcano, Ca. 95688 Serial No. : 94-258-81-7Q4 Identifying No. : 94-25103Q4 {continued} EXHIBIT Page -3,-of E WESTERN TITLE HAYWPRL P.04 103017-1 -4- 11- Judgment in the. amount of $1 , 944 . 91 and any other amounts due recorded March 16 , 1982. as Recorder ' s File No. 82020g96 Case No. : CC81 Q27768 Court: Santa Clara County Municipal Ct. , Santd Clara Facility Creditor: Bureau of Medical Economics Attorney for Creditor: Forrest G. Winningham, 777 North First St. #333 , San Jose., Ca. Q5ll2 , 9Q8-2216 Debtor : Sandra M. Quinn Entered: July 23 , 1981 Social Security No. : 563-6Q.-31Q9 12- Deed of trust to secure payment of $7 ,260 . 00 and any other amounts secured thereby dated May 12 , 1982 , recorded June 1Q, 1982 , Recorder' s File No. 82048442 Trustor: Sandra M. Quinn-McEwen, a married woman Trustee: Western Title Insurance Company, a corporation Beneficiary: Philip James Madsen, a married man Loan No. : None shown 13- Effect of a failure to adjust the southerly boundary line in accordance with that certain Lot Line Adjustment Approval , recorded September 27 , 1982, Series No. $2082832 . 14- Judgment in the amount of $5, 685 . 61 and any other amounts due recorded January 16 , 1984 , Series No. 84005297 Case No. : 64239 Court: Municipal Court of San Mateo County, Redwood City Branch Creditor: Frahm, Edler & Cannis, Inc. Attorney for Creditor: William F. Pagano, Esq. , 702 Marshall St. , Ste. 500 , Redwood City, CA 94063 , Telephone No. (415) 364-9856 Debtor: Sandra Quinn-McEwen Entered: December 28 , 1983 Social Security No. : None shown Drivers License No. : None shown Debtor served at: None shown 1983-84 TAX INFORMATION Co. Acct. No. : 080-390-060, Tax Rate 1 Code Area: 66-005 1st Installment: $22 . 13, paid 2nd Installment: $22. 13 , paid Land: $4 ,102. 00 Imp: None Exempt: None Pers. Prop. : None Pers. Prop. Exempt: None EXHIIBIT Page of 103017 EXHIBIT A Those parcels of land in the County of San Mateo, State of California, described as follows: PARCEL ONE: Parcel 1 as shown on that certain Parcel Map entitled "Parcel Map, being a resubdivision of Parcel "B" shown on the Map recorded in Volume 18 of Parcel Maps, at page 3, San Mateo County, State of California" filed for record October 1, 1974, in Book 26 of Maps at page 14 , Records of San Mateo County. Together with the following described portion of Parcel 2 of said Parcel Map (26 PM 14) : Beginning at the northeasterly corner of said Parcel 2 thence along the easterly line of said Parcel 2 south 4° 18' 00" west 100.00 feet; thence leaving said line north 880 22 ' 44" west 2,538.22ffeet to a point in the westerly line of Parcel 2; thence northerly and easterly along the westerly and northerly lines of Parcel 2 north 40 59' 23" east 100.00 feet and south 880 22' 49" east 2,537.02 feet to the point of beginning. EXCEPTING THEREFROM: All mineral land should an such be found to exist, excluding coal and iron sand from said exception as contained in the Patents from the United States of America to Western-Pacific Railroad Company of California, dated March 25, 1868, recorded May 1, 1874, Book 1 of Patents at page 131 San Mateo County Records; and from the United States of America to Central Pacific Railroad Co: , dated December 24, 1872 , recorded January 22, 1917, Book 3 of Patents, page 112, San Mateo County Records. PARCEL TWO: A non-exclusive easement, 60 feet in width, for ingress and egress of pedestrians, vehll-cl-e-s--a-n-d-l-o-r---ha--ull-n-g---O--r lumber and for other commercial purposes, and for the installation and maintenance of public utility lines including gas, water, electrical and telephone lines, as described in the Deed and Covenants of Easement executed by Waldo H. Leynse et al. , recorded March 16, 1966, Book 5128, Official Records, page 1; and granted as an easement appurtenant to the premises herein above described by that certain Grant of Easement executed by Waldo H. Leynse et ux, recorded December 14, 1967, Book 5406, Official Records, page 192, San Mateo County Records. (continued) EXHIBIT -A Page of WESTERN TITLE HAYWARD P.07 103017-1 -2- PARCEL THREE: A non-exclusive easement, 60 feet in width, for ingress and egress of pedestrians, vehicles and for hauling of lumber and for other commercial purposes, and for the installation and maintenance of public utility lines , including gas , water, electrical and telephone lines, as granted by Deed and Covenants of Easement from Arvia Hosking to Rancho Diablo Investment Company, a certified copy of which Deed was recorded January 15, 1969 , Book 5585 , Official Records , page 401 , San Mateo County Records. PARCEL FOUR: A non-exclusive easement, 60 feet in width, for ingress and egress of pedestrians and vehicles and for commercial purposes and for the installation and maintenance of public utilities including sewer, gas, water, electrical and telephone lines , as granted by the Deed from Jesse H. Brooks et ux, to Arivia Hosking and Rancho Diablo Investment Company, recorded July 30 , 1970 , Book 5813, official Records, page 416 , San Mateo County Records. PARCEL FIVE: Non-exclusive easements, 60 feet in width, for ingress and egress of pedestrians , vehicles and for commercial purposes and for the install- ation and maintenance of public utility lines including gas, water, electrical and telephone lines and sewer lines , as granted by the Deed from Jesse H. Brooks et al. to Rancho Diablo Investment Company, a certified copy of which Deed was recorded June 25, 1971 in Book 5967 , Official Records , page 265 , San Mateo County Records . PARCEL SIX: A non-exclusive easement, 60 feet in width, for ingress and egress of pedestrians, vehicles and for commercial purposes; and for the install- ation and maintenance of public utility lines, including gas , water, electrical and telephone lines , and sewer lines, along the existing roadway, as granted in the Deed from Robert J. Newson, Jr. et al to Rancho Diablo Investment Company, recorded October 10 , 1972 in Book 6248 of Official Records, page 283 and re-recorded October 24 , 1972 in Book 6255 of Official Records, page 675 , San Mateo County Records. PARCEL SEVEN: 60 feet in width, for ingress and egress of Non-excl usive ive easements , . comme rcial purposes, and for the install- ation and P vehicles P ns ve z pedestrians, ation and maintenance of public utility lines , including gas , water, electrical and telephone lines, and sanitary and storm sewer lines , EXHIBIT A _ (continued) Page WESTERN TITLE HAYW�;RD P.0s 103017-1 -3- as rese rved in the Deed from Rancho Diablo Investment Company to Waldo H. Leynse et ux, recorded May 15 , 1974 , Book 6614 , Official Records, page 151 , San Mateo County Records. PARCEL EIGHT: Recreational easements for hiking and fishing, along the banks of Peters Creek in the vicinity of the confluence thereof with Lambert Creek for a distance of 50 feet on either side thereof, together with the right of ingress and egress over existing roadways for the purpose of obtaining access to Peters Creek and Lambert Creek in order to exercise said recreational easements, as reserved in the Deed from Rancho Diablo Investment Company to Waldo H. Leynse et ux, recorded May 15 , 1974 in Book 6614 , Official Records , page 151, San Mateo County Records. PARCEL NINE: A non-exclusive easement, 60 feet in width, for ingress and egress of pedestrians, vehicles, and for the installation and maintenance of public utility lines , including gas , water, electrical and telephone lines and sewer lines, together with certain rights and conditions , all as granted and set forth in the Agreement executed by and between Rancho Diablo Investment Company and Waldo H. Leynse et ux, recorded- May 15, 1974 , Book 6614 , Official Records, page 155 . San Mateo County Records. 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"7 rail 161,ban Malta cou"t Irk IANOb OF RO ERl N[WION � �.MI Ma1u taualy �� kin MalaC«tt4l� 6EIN6 A QEIU�lDIVItiIOM Of /►QCEI'�' �Cewlrol Menu•atal h [014 ^n�'ManM.d.(r•ut) �(•^IralNa,uae ♦MOWN ON THE MA► MOVED INVOL.1E1 Of PARCEL Mhh,14T/A4 (La4�t.d1t'(N'ul� bA%tAAYtOCOUNTY ♦TATEOfCa1110R.N1► OR't CERTIFICATE COMM EN61NEEWS CERTIFICATE RECORDER'S CERTIFICATE _ _— .a1.ar...ul�nlrr.r-4 a. —Ij.am F,It of see. bcut' l• AUGUST, N14 taadrraya.u,.n.n/,,4.t/v•;.t/ a.��..r�.r..�wn .� .t�.1ttt.w ,ras .,. ---- ----"— y.aYw nMlaar•+wtw,ll.an rt,,W.tNaraN T �1�At .N.}Ml,.•..,an Map KI .n._:7_-datl y . -- TICAwN 11f1Q IAlN[C.1hCa Q ENGINEEQI at ♦1 lhl 1I•n F n � r 4 C►tiu11Q1vOEQYNOIRAti t .a.+.._Lr41i later. f allay r.a.nt r.a1 d,M.•4ry•�nara4 taE Thal at lra..,aw.of iM4tM► �v .} y ,' l 4'o aw/In,al�rpyat4 lyu heCwn\y4 urd�ar. t e�T4'�''�,.°o., ,tea — --- wur► Lh► l LEASE THIS LEASE is made and entered into as of this Ist day of March, 1984 , by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "Lessor") , and SANDRA M. QUINN-McEWEN, an individual (hereinafter called "Lessee") . RECITALS A. Lessor has entered into an Agreement to acquire fee title to that certain real property located in the County of San Mateo described in Paragraph I of the Purchase Agreement between SANDRA M. QUINN-McEWEN, as Seller and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Buyer. Said real property includes the residence, out buildings, surrounding grounds, the driveway and parking area .commonly known as "the Homestead" as outlined on the map .:. labeled Exhibit "A" as attached hereto and incorporated herein by this reference (hereinafter called "the premises") . The premises are a portion of certain real property located in an unincorporated area of the County of San Mateo, State of California, (Assessor' s Parcel Number- 080-390-060) , commonly known as the 80 acre Twin Canyon Ranch. B. Concurrently, with Lessor' s acquisition of the Twin Canyon Ranch and in partial consideration thereof, Lessor shall lease the remises to Lessee and Lessee shall hire the remises P P from Lessor, upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and in partial consideration R for the sale and conveyance of the above-mentioned real property 1 E hibif "B" Page 1 of 20 by SANDRA M. QUINN-McEWEN to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, the parties agree as follows: 1. Lease of Premises Lessor hereby leases to Lessee the premises as outlined in Exhibit "A" hereto, which premises consists of approximately five (5) acres and includes a residence, out buildings, driveway and parking area, and surrounding grounds presently occupied by ROBERT QUINN. In the event this Lease is assigned, as provided in Paragraph 12 herein, and Lessee does not elect to sell this leasehold interest to Lessor as provided in Paragraph 13 hereinbelow, Lessor shall provide for and pay the cost of a legal survey to actually and legally define the boundaries of the premises to Lessor' s satisfaction. It is mutually understood and agreed by Lessor and Lessee that the map labeled Exhibit "A" shall be an acceptable representation of the premises until such .. time as the survey shall be completed, and the legal description and Record of Survey will then merge with and be incorporated into this Lease superseding and replacing the delineation of the premises as shown on said Exhibit "A 2. Term The term of this Lease shall commence on March 1, 1984, and shall expire upon: (a) the sooner of (i) February 28 , 2034; or (ii) the death of ROBERT QUINN, brother of Lessee, provided this Lease is assigned in accordance with the provisions of Paragraph 12 hereof, or 2 (b) the sooner of (i) February 28, 1990; or (ii) the date of sale of this leasehold interest by Lessee to Lessor in accordance with Paragraph 13 hereof, provided this Lease is not assigned to ROBERT QUINN. (c) at the option of Lessee at any time upon written notice to Lessor. 3. Rent This Lease is intended to be partial consideration for the sale of real property as described in Paragraph A hereof. No rental payments shall be charged Lessee during the term of this Lease. However, should Lessee hold-over and fail to vacate the premises upon the expiration or termination of this Lease in violation of the terms hereof, it is agreed that such month-to-month` tenarncy shall be for a monthly rental of .. $17000. 00, adjusted annually for the increase in the Consumer Price Index (C.P. I. ) for all urban consumers (San Francisco-Oakland area) or similar index as acceptable to Lessor from the effective date of this Lease-,to the date of expiration or termination hereof. 4. Use Thepremises p e ises shall be used as a residence and for no other purpose. Lessee shall not do or permit anything to be done in or about the premises nor bring nor keep anything therein which will in any way cause a cancellation of any insurance policy covering the remises or an art thereof. Lessee shall P Y g P Y P not commit or suffer to be committed any nuisance or waste in or upon the premises, and Lessee specifically agrees not to cause or permit an cutting of live trees grading p y g , g g of soil, or hunting of animals in the immediate vicinity of the premises or on Lessor's 3 surrounding property. Lessee understands that Lessor owns the land adjacent to and surrounding the premises and that the Lessor intends to authorize public use thereof for hiking and other recreational purposes. Lessee shall not oppose in any way any such uses of such adjacent lands, so long as such uses are not inconsistent with Lessee' s use and quiet enjoyment of the premises under the terms hereof. If requested, Lessee agrees that Lessor may establish a path for pedestrian and equestrian passage parallel to Lambert Creek and passing through the premises area, so long as the location and use do not unreasonably interfere with Lessee' s quiet enjoyment and use of the premises and conditioned upon Lessor giving notice to the public of Lessee' s exclusive use of 'the remainder of the premises by posting appropriate signs. 5. Utilities (a) Lessee shall be responsible for obtaining and paying for any and all services and utilities supplied to the premises at Lessee' s request, including but not limited to water, gas, electricity, garbage removal and telephone service. (b) Water to the premises is presently pumped from a !, spring that may be located outside the premises but located within Twin Canyon Ranch. Lessee, at its own expense and so long as Lessee desires to utilize the water system for purposes of supplying water to the premises, shall be responsible for operating and maintaining the water; system, - including but not limited to pumps, pipelines, tanks and various appurtenant structures and equipment. For the purposes of maintaining and repairing the water system, Lessee shall have a right of access to those areas of Twin Canyon Ranch necessary for such activities provided that Lessee shall consult and cooperate with Lessor with _ w i 4 Uh1bit B P1ge 4 of 20 respect to such activities so as to protect the open space use and natural character of the area. 6. Maintenance and Repair (a) Lessee understands that all of the buildings and structures on the premises were built by ROBERT QUINN, brother of Lessee, without benefit of any variance, permit, permission or other authority from the public agency or department having jurisdiction; and Lessee accepts the full and complete responsibility for lack of any such variance, permit, permission or other authority and Lessee shall hold Lessor harmless from any and all liability, cost or expense, suffered or incurred by Lessee and arising in connection with any rights or claims as a result of the lack of any such variance, permit, permission, or other authority. C.- (b) Lessee accepts the premises in "as is" condition. Except as otherwise provided herein, Lessee shall, at Lessee's expense, maintain the premises and every party thereof; and the yards and grounds surrounding the premises, in good, safe, and sanitary condition, order and repair, shall not allow trash or waste to accumulate and shall return the remises to Lessor upon w P ion of this Lease in as good a condition as existed at termination the commencement of the Lease term, reasonable wear and tear and damage due to causes beyond the reasonable control of Lessee excepted. 7. Additions, Alterations and Improvements Lessee shall not make or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof, without the prior written consent of Lessor, except for completion of existing buildings. 5 1FxFnr _°B�-...� � Page 5 of 20 8. Liens Lessee shall keep the premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. i 9. Taxes and Assessments (a) Lessee shall pay all real and personal property taxes, assessments, rates , charges, license fees, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every kind whatsoever which may be levied, assessed, charged, imposed, or become a lien or charge on or against the premises or any part thereof, the underlying land comprising the premises, the interest of Lessor in the premises, the, leasehold estate of Lessee hereunder, or any one or more of the buildings, , or any other real or personal property now or hereafter thereon or therein, at any time during the term hereof, including but not limited to possessory taxes, and any taxes or assessments arising as a result of or based upon Article XIIIA of the California State Constitution (excluding any taxes based upon income or revenues of Lessor) . (b) Lessee shall pay said sums directly to the g n Y P delinquency P charging authority on or rior' to delin uenc thereof. Except in the case of good faith dispute between Lessee and the taxing authority, in the event Lessee shall fail to pay said sums in a timelymanner, Lessor shall be entitle to pay the same, as well _ as any penalties arising from such failure to pay, and Lessee shall immediately upon demand by Lessor pay to Lessor such amounts expended by Lessor, together with such other sums as may ' - be payable by Lessee pursuant to Paragraph 17 (c).- below. 6 E:hitbit "B" Page 6 of 20 (c) Any tax or assessment of the nature specified in Subparagraph (a) made against or with respect to the premises at the commencement or termination of the term hereof shall be pro-rated to reflect only such portion of said assessment which is applicable to the Lease term. i i (d) If the premises are not separately assessed, _ Lessee' s liability for taxes and assessments pursuant to this Paragraph 9 shall be an equitable proportion thereof for all of the land and improvements included within the tax parcel assessed, such proportion to be determined from the respective valuations assigned in the assessor' s work sheets or such other information as may be reasonably available. 10. Insurance (a) Lessor "may, but shall have no obligation to obtain and ,.maintain a policy of standard fire and extended coverage insurance, covering the premises. Such insurance policy shall be issued in the name of Lessor and such insurance policy shall provide that any insurance proceeds payable thereunder shall be paid to Lessor. Such insurance policy `shall provide that the insurance company waives all right of recovery by way of subrogation against Lessee in connection with any damage covered by such policy. Lessor may include the premises within the coverage of any "blanket" policy covering property including the premises. 's (b) Lessee shall be responsible for obtaining and th Lessee may desire with respect to e insurance e e a in or any y pa ying g premises, and the real and personal property thereon. In such case, Lessor shall be named as an additional insured. 7 Paae 7 of 20 (c) Lessor shall at its sole cost and expense obtain and maintain during the entire term of this Lease public liability and property damage insurance covering the premises with a single combined liability limit of at lease ONE MILLION DOLLARS ($1 , 000, 000. 00) and property damage limits of not less than ONE HUNDRED THOUSAND DOLLARS ($100, 000. 00) , insuring against i all liability of Lessor and its agents, employees, or invitees. Lessee shall be required to provide any liability insurance Lessee may desire. (d) Lessor shall have no obligation to insure Lessee's possessions located in or about the premises, and Lessee shall have no right to receive any proceeds from any casualty insurance carried by Lessor with respect to the premises. 11 . Damage or Destruction (a) In the event the residence on the premises shall be damaged to the extent of less than ten percent (10%) of the then actual replacement value thereof from any cause, then Lessee shall after Lessee notifies Lessor of said damage and Lessee has obtained the necessary permits, - repair the same and restore the premises to substantially the same condition as existed immediately prior to such damage. (b) In the event the residence on the premises shall be damaged or destroyed to the extent of ten percent (10%) or more of the then actual replacement value thereof from any cause whatsoever, then Lessee shall be entitled either: (i) to repair and restore the same, at Lessee' s sole cost, after Lessee notifies g EXhibit "B" Page 8 of 20 Lessor of such damage an Lessee has obtained the necessary permits, to substantially the same condition as existed immediately prior to such damage or destruction; or (ii) to terminate this Lease by written notice to Lessor delivered within thirty (30) days after Lessee notifies Lessor of such damage or destruction; and (iii) in the event this Lease is terminated pursuant to Paragraph 11 (b) (ii) prior to any assignment of this Lease to ROBERT QUINN, Lessor shall pay to Lessee the sum of TWENTY FIVE THOUSAND DOLLARS ($25, 000) as provided in Paragraph 13 (b) (i) through (iii) and 13 (c) hereof. (c) In the event Lessee shall elect to repair or restore the premises pursuant to this Paragraph 11, Lessee shall not be entitled to any payment of damages or other compensation from Lessor for any loss of quiet enjoyment or for any other reason arising from Lessee's repair or restoration activities. 12 Assignment and Subletting g (a) Lessee may assign or sublet the premises only to ROBERT QUINN, brother of Lessee. In the event this Lease is assigned, ROBERT QUINN shall execute a formal Agreement (in a form acceptable to Lessor) assuming all privileges and obligations of Lessee hereunder, acknowledging that he will be subject to each and every provision of this Lease, and that his rights shall terminate in accordance with the terms hereof without any rights of relocation as more particularly hereafter set forth in Paragraph 18, and Lessor shall execute a release in 9 +., ,'; "B" -�. Page 9 of 20 favor of SANDRA M. QUINN-McEWEN releasing her from all obligations under this Lease. (b) In the event Lessee has not assigned the premises to ROBERT QUINN, brother of Lessee, prior to February 28, 1990, this Lease shall terminate and be of no further force and effect and Lessee shall deliver possession of the premises free of all persons and/or occupants and personal property on or before said date at no cost or expense to Lessor and Lessor shall pay to Lessee the sum of TWENTY-FIVE THOUSAND and N0/100 DOLLARS ($25,000. 00) cash, in accordance with the terms and conditions set forth in Paragraph 13. (c) Lessee shall not assign or sublet the premises on any other basis without prior written consent of Lessor, which consent may be withheld for any reason. Any assignment or ' subletting other than to ROBERT QUINN without the prior consent oft.=Lessor or any assignment or subletting by operation of law shall be void, except that this Lease shall be assignable b g Y operation of law to the Estate, heirs, and beneficiaries of the Estate of Sandra M. Quinn-McEwen. 13. Right to Sell Leasehold Lessee shall have the right, upon written demand to Lessor, to require that Lessor purchase the remaining leasehold interest of Lessee in the premises at any time prior to February 28, 1990. The total purchase price for said interest is and shall be the amount of TWENTY-FIVE THOUSAND and N0/100 DOLLARS ($25, 000. 00) , payable in accordance with the following: (a) On or before February 28, 1990, Lessee shall notify Lessor in writing that Lessee has not assigned this Lease to ROBERT QUINN, Lessee ' s brother, in accordance with Paragraph 12 (a) hereinabove. 1 4'Be' Page 10 of 20 (b) Lessor shall have sixty (60) days, following I ' receipt of said written notice from Lessee, within which to make payment of the required TWENTY-FIVE THOUSAND and N0/100 DOLLARS ($25,000.00) into escrow to be paid to Lessee upon delivery to Lessor of: (i) a duly executed and acknowledged Quitclaim Deed from Lessee to clear any cloud on Lessor' s title to the premises as a result of this Lease, (ii) possession of the premises to be delivered to Lessor free of all persons and/or occupants and personal property, and (iii) a release (in a form acceptable to Lessor) holding Lessor harmless from and -- indemnifying Lessor against any and all liability, cost, expense (including attorneys' fees) , or claims (including relocation rights) suffered-,.or incurred by Lessor arising in connection with any such rights or claims from Lessee and each person who may have occupied or used the premises from time to time, pursuant to this Lease, including, but not limited to any rights or claims of ROBERT QUINN, brother of SANDRA M. QUINN-McEWEN, and (c) Escrow holder shall then deliver the funds to Lessee and deliver the release and other related documents, if any, to Lessor, at which time this Lease shall -terminate and be of no further force and effect. 11 14. Annexation Lessee understands that the premises and the surrounding lands of Lessor, known as Twin Canyon Ranch, lie outside the boundaries of Lessor and Lessee agrees to cooperate with Lessor and assist Lessor, where necessary, including the signing of an application or letter agreeing and consenting' to annexation of said premises and surrounding lands into Lessor's boundaries. 15. Entry by Landlord all a an reasonable 'm and on Lessor shall, t and all re son times Y reasonable notice, have the right to enter the premises to inspect the same, to post notices of non-responsibility, and perform other acts and duties with respect to this Lease. Lessee hereby waives any claim for damages for any loss of occupancy or Ir'" quiet enjoyment of the premises occasioned thereby. 16. Indemnification Lessee hereby holds Lessor harmless from and agrees to defend Lessor from and against any and all claims of liability for any damage to property or injury or death to any person when such damage, injury or death shall be caused by the act, neglect, or fault of Lessee, or by Lessee's agents, employees, or invitees. Lessee agrees to indemnify Lessor against and hold Lessor harmless from any damage to property or injury or death to any person arising from the failure of Lessee to keep the premises in good condition and repair. i i i 12 ahlbit_ g _Page 12 of 20 17. Default by Lessee i (a) The occurrence of any breach of the fallowing shall constitute a material default and breach of this Lease by Lessee: (i) a failure by Lessee to observe and = j perform any material provision of this Lease to be observed or performed by Lessee (b) In the event of any such default by Lessee, then in addition to any other remedies available hereunder to Lessor or at law or in equity, this Lease and all rights of Lessee � Yr g hereunder shall be terminated upon delivery by Lessor of notice of such termination to Lessee. Upon such termination, Lessee may recover from lessee all amounts necessary to compensate Lessor .: for all the detriment, proximately caused by Lessee's failure to perform Lessee's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. Lessor shall also have the right, upon termination of this Lease, to reenter the premises and remove all persons and property from the remises. Such property may be removed and stored in a P P P Y Y public warehouse or elsewhere at the cost of and for the account of Lessee. However, in the event any such default occurs prior to any assignment of this Lease to ROBERT QUINN, Lessor shall pay to Lessee the sum of ' TWENTY-FIVE THOUSAND and N0/100 DOLLARS ($25,000.00) , as provided in Paragraph 13 (b) (i) through (i.ii) , and 13 (c) hereinabove. (c) In addition to the remedies provided above, in the event Lessee shall fail to perform any obligation to be performed by Lessee under this Lease, or shall fail to pay. any sum required to be paid by Lessee under this Lease, Lessee may, but shall not 13 "B" Page 13 of 20 be obligated to, perform or pay the .same or cause the same to be performed or paid, and Lessee shall promptly upon demand by Lessor therefor, reimburse to Lessor all costs reasonably incurred by Lessor in connection therewith, together with interest- on such sums at the rate of twelve percent (12%) per annum from the date incurred by lessor until repaid in full by Lessee together with said interest thereon. 18. No Relocation Rights Upon expiration or sooner termination of the term of this Lease, Lessee shall vacate the premises and remove all persons and their personal property therefrom and surrender possession of the premises to Lessor. Lessee, on behalf of Lessee and each person who may occupy or use the premises from time to time pursuant to the terms of this Lease, hereby specifically waives any and all rights to, and releases Lessor - from_ any and all claims for, relocation benefits and/or relocation payments pursuant to California Civil Code Section 7260 et sue. , and any similar or successor statutes. Lessee shall hold Lessor harmless from and indemnify Lessor against any and all liability, cost or expense, suffered or incurred by Lessor and arising in connection with any such rights or claims. - - 19. Patrol Road Lessor shall retain the right to utilize all internal roads, as may currently exist, or as, they may be realigned from time to time, through the premises for patrol and maintenance purposes and for access to adjacent lands of Lessor. Except for emergency purposes, this right shall only be exercised by Lessor, " its employees, agents or contractors after providing a minimum of twenty-four (24) hours advance notice to Lessee. 14 � ¢ "B" Pa a 14 of 20 20. Lambert Creek Lessee shall use and maintain the premises and all improvements thereon in a manner consistent with good public health and safety standards, and to such ends shall- not pollute or cause to be polluted the headwaters or stream bed or water flow of Lambert Creek or its tributaries as it passes through the premises, including, but not limited to, the Creek banks , bed, and channel. 21. Access Road (a) Ingress to and egress from the premises is currently permitted over Diablo Road to Portola Heights Road to Skyline. Boulevard, as shown on said Exhibit "A". Lessor shall have no obligation to maintain said access road. Lessee hereby agrees at Lessee' s expense to maintain and keep said access road in good order and repair as it services the premises, up to the point where said access road leaves the Twin Canyon Ranch at its most southerly boundary. (b) In the event the existing access roads are required to be improved and/or upgraded, either on or off the premises, pursuant to any private agreement, or any covenant, condition, and/or restriction presently affecting or relating to the real property, whether the same run with the land or otherwise, or in the event such improvements or upgrading is required by the County of San Mateo, it shall be Lessee's obligation to perform such improvements. Provided, however, that in the event the same occurs prior to an assignment of this Lease to ROBERT QUINN, Lessee shall have the absolute right at Lessee's election to require Lessor to "buy-out" the remaining leasehold 15 Ey f "B Page 15 of 20 interest of Lessee for the sum of TWENTY-FIVE THOUSAND and NO/100 DOLLARS ($25, 000. 00) , and Lessee shall have no obligation to perform such improvements. Said "buy-out" by Lessor and delivery of the premises by Lessee shall be in the same manner as provided in Paragraph 13 (b) (i) through (iii) and 13 (c) hereinabove. ' 22. Notices All notices, demands, requests, or consents given hereunder by either party to the other, shall be made in writing and shall be deemed sufficiently given and served upon the other party five (5) days after the mailing date if sent by first class mail, certified or registered, return receipt requested, postage prepaid, and addressed to the other party as follows: E Lessor: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Attn: L. Craig Britton Lessee: Sandra M. Quinn-McEwen 22305 Shake Ridge Road Volcano, CA 95689 or to such other address as either party may have furnished to the other as a place for the service of notice. 23. Waiver Waiver by Lessor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. EXilltf �¢ Page 16 of 20 I 24. Attorneys Fees If an action shall be instituted to enforce this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees as fixed by the Court. J i r y 25. General a This Lease contains all of the terms covenants and conditions agreed to by Lessor and Lessee and it may not be modified orally or in any manner other than by a writing signed by both of the parties to this Lease or their respective successors in interest. (b) Each term and each provision of this Lease performed by Lessee shall be construed to be both a covenant and k a condition. (c) If any terms, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. i (d) The covenants and conditions hereof shall inure to the benefit of - and bind the successors and assigns of the parties. (e) The paragraph headings of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 17 C,Xhibit "B" Page 17 of 20 r Liability thereafter accruing under this Lease for the obligations of Lessor hereunder, provided Lessor's successor in interest has assumed in writing, for the benefit of Lessee, the obligations of Lessor hereunder. (g) This Lease shall be governed by and construed in accordance with the laws of the State of California. (h) Time is of the essence as to each _and all of the provisions of this Lease. (i) This Lease or memorandum thereof shall be executed by the parties hereto in such a form as to enable this Lease to be recorded in the Official Records of the Recorder of San Mateo County. e (j) At the expiration of earlier termination of this •• Lea`se, as herein provided, Lessee shall execute, acknowledge and deliver to District, within ten (10) days after written demand from District to Lessee, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove any cloud or encumbrance created by this Lease from the real property of which the Leasehold Premises are a part. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease to be effective as of the day and year first above written with a Lease term to commence as stated in Paragraph 2. I LESSOR: LESSEE: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district Dated: Dated: By: President - SANDRA M. QUINN-MCEWEN Board of Directors ATTEST: �, � „ jei � E3Ct-i9Q�T Page —L-- of� -- t ' ���> � s �• ` a -1 � 1Y C ,` � f r '�11 ; \ate. a`' �✓ �" Homestead 178 - ", ...- Lease / - o" Twin canyon Q �} ,\ ,, n ��.i •�= Ranch I •� � �� � � j4 \, "" �`'�����.,; ``5 tip � � — \ �, � ' n Access . t a Road Q EXHIBIT — Valley Al S � / Portola Y' (ro- F = a � t Vab .o � �A tos F�F 4 � E� sa r•1Altos\ A�'`�a[su m°1•� C a, 60� Y��e L'7 oT �O ► .°� Hillst, Gi•� a o -+�—.. a /C( 'Foot- �( Yoopr 7 +'ay, IR o 4� �\��11���'`U FZ�.�::•I'^�,��-il.�i � ; 7 Orre `PAAAr dre�r.Lr.�sra, F+ " — OS A LOSS ( SKYLINE RIDGE 1 6 *"EN SPACE PRESERVE Permanente a I t 1 Hiking/Equestrian 'I a •/ -- S`'�a ft.k.r.,eNr .. ('��l\:, _____ Trails 6M1° ^ •'¢ 1 fl \1" Private Residences coYA. 51EY.YS � (Please observe _1` n •tAA.F A° G CO PAR ' I U� s `:°F �"~ . 3a¢� i w� .�� mar residents privacy) -t`9_Ai1e,�` / v��-✓nsr' Rr.`F.°°. I �� �\ N yr�`�/`� scale 1" = 2000' North j 1 R-84-10 (Meeting 84-4 February 22, 1984) Kc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT February 15, 1984 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: Option to Acquire Lands of Wilkins (Purisima Creek) Introduction: The Midpeninsula Regional Open Space District has the opportunity to acquire an option to purchase 1662 acres of land located on the western slopes of northern Skyline Ridge in San Mateo County. This property, if acquired, would be the largest single acquisition ever made by the District. As an addition to the existing 847 acre Whittemore Gulch Redwoods Open Space Preserve, the entire unit would become the second largest preserve in the District (see map attached) . The option agreement, which would extend until April 18, 1984, provides for the acquisition of 1662 acres in fee title and assigns to the present owner a life interest in a 50 acre parcel located in the southwest corner of the property. Additionally, access and road improvement rights to the 50 acres over an existing roadway off Tunitas Creek Road will be retained as a part of the life estate. The property is largely comprised of a second growth redwood forest which is currently being harvested. It is because of this extremely valuable resource that the marketable timber on the becomes property a major element of value. The District will be pursuing additional funding possibilities. Save the Redwoods League has expressed an interest in possibly assisting the District in this vitally important acquisition. A. Description of the Site 1 . Size, Location and Boundaries This 1662 acre property is located within unincorporated San Mateo County west of Skyline Boulevard. Its northern boundary adjoins the 847 acre Whittemore Gulch Redwoods Open Space Preserve. To the northeast is a checkerboard area of publicly and privately owned property, a 100 acre area of small parcels which is being gradually acquired by San Mateo County for their proposed Redwood Park. The eastern boundary is contiguous with Huddart. County Park just west of Skyline Boulevard. Tunitas Creek Road forms the southern boundary, with private r- R-84-10 Page two property to the south. The southwestern property line extends from the 2100 foot high Bald Knob along Walker Gulch to a 400 foot elevation at the intersection of Purisima Creek Road and Higgins- Purisima Road, both public roads leading 3� miles to Highway 1 south of Half Moon Bay and from there to the Pacific Ocean. The new Burleigh Murray State Park lies approximately one mile to the west via Higgins-Purisima Road. The present owner would retain a life interest in 50 acres north of Tunitas Creek Road adjacent to Bald Knob. He would be able to build a single one story structure not exceeding 1500 square feet, with the District having the opportunity to review the design and siting of the house. The owner also wishes to be able to improve the road from Tunitas Creek Road to Bald Knob to rural road standards . 2 . Topography, Geology and Natural Resources Purisima Canyon is a major east-west drainage stretching from Skyline Boulevard to the Pacific Ocean, and, together with Whittemore Gulch, contains the northernmost major redwood forest in the Santa Cruz Mountains . Purisima Creek Road, an old logging road, winds three miles through the deep narrow canyon formed by Purisima Creek, shaded by tall redwoods the entire length. This cool moist canyon provides a gentle natural and scenic route down the western side of the Santa Cruz Mountains, taking the hikers from over 2000 feet in elevation at Skyline Boulevard to 400 feet at the canyon 's mouth. Giant redwood stumps are reminders of past logging, but now the handsome second growth redwoods reach high overhead. The redwood forest is found wherever moist conditions are main- tained by runoff, perennial streams, or summer fog. The redwoods dominate the creekside forest all the way from the western boundary to Skyline Boulevard. The owner claims there are over 40 million board feet of harvestable timber on the property. In the drier side slope areas, the coast redwood forms a mixed forest with Douglas fir, madrone, and tanbark oak. The owner has selectively removed hardwoods from the forest near Tunitas Creek Road in order to promote the growth of the redwoods . Some virgin redwood groves reportedly remain on a plateau between Soda Gulch and No Name Creek, with others standing as isolated single trees along Tunitas Creek Road, one of these reputedly being over 1200 years old. 3 . Cultural History Logging began in Purisima Canyon in the 1850s . The steep sides of the canyon made it difficult to haul logs up to Skyline and out to Redwood City. At first logs were cut into shingles which could be carried out by pack animals. Later, cables and a tramway to Tunitas Creek Road solved the problem of "gulching out" . Although the west end was open, the lack of a nearby ocean port restricted distribution to the local coastside market until the Ocean Shore Railway was built in 1906 . During the later part of the 1800s seven sawmills were built at various sites in Purisima Canyon. By 1920 all the marketable R-84-10 Page three timber had been harvested and lumbering operations ended. Stumps up to 16 feet in diameter remain from this logging, but there is no evidence of the sawmills . A forest of tall second growth redwoods replaced the original trees in Purisima Canyon after logging ceased. Logging on a small scale began again in the early 1970s . This past year the property owner had a permit to harvest selectively two million board feet of timber from the upper end of Purisima Road. The long-term plan was to harvest 20 million board feet of lumber, removing 10 percent each year over the next ten years. B. Current Use and Development The property is mostly undeveloped with the exception of an extensive network of roads and trails which have been developed in conjunction with logging enterprises conducted over the past 125 years. The primary access road which connects Skyline Boulevard to Higgins- Purisima Road is gated at both ends and has a number of substantial bridges . There is a third point of access of Tunitas Creek Road which connects to a number of roads and trails descending to Purisima Creek Road in the area of Grabtown Gulch. These roads and trails are well defined because of the more recent logging activities in this area. In the past, off-road vehicle use had been rampant on the property. The current owner, through a vigorous gating and patrol program, has managed to alleviate this problem, and denuded and eroded areas have reverted to the natural state. The current owner also has an approved selective logging plan which would allow for the harvest of 10 million board feet of timber, removing 10 per cent of the timber each year over the next ten years. Last year approximately 2 million board feet were removed and this year, plans are currently being made to remove up to 2 million more board feet in the Soda Creek area, unless the property is sold. C. Planning Considerations The property is located within unincorporated San Mateo County, and acquisition for open space use is consistent with the County's General Plan. A portion of the site is within the County's Skyline Scenic Corridor, and the Purisima Creek Road is shown as a connecting trail link between Huddart Park and the coast on the County's Proposed Trails Plan. In addition, the westerly portion of the site is within the California Coastal Zone. The entire property is designated Timberland Preserve Zone (TPZ) , and a timber management plan is on file with the San Mateo County Planning Department. It is unclear at this time how the acquisition of the property will affect the zoning. Staff will work with the County and California Division of Forestry to resolve this question and return to you with more information at the time of acquisition. The property has received a moderately high rating on the District's Master Plan, a composite rating of suitability for open space preservation. The contiguous Whittemore Gulch Redwoods Preserve is currently a moderately emphasized site on the District's Relative Site Emphasis Plan. R-84-10 Page four D. Potential Use and Management Accessibility is an outstanding feature of Purisima Canyon, situated as it is in the center of an extensive hiking-recreation area. It would connect public lands on the eastern and western slopes of the Santa Cruz Mountains and provide access to these lands from Skyline Boulevard. Current recreational lands to the east include the San Francisco Crystal Springs Watershed Game Refuge, Hassler Open Space Preserve, and Edgewood and Huddart County Parks, a total area of over 24, 000 acres . Huddart County Park has a trail which terminates at Skyline Boulevard across from Purisima Creek Road. To the west of the property is Higgins-Purisima Road, connecting with Burleigh Murray State Park, Half Moon Bay, and the Pacific Ocean. Connecting trails in Whittemore Gulch Redwoods Open Space Preserve offer the potential for outstanding loop trails encompassing Purisima Canyon, Whittemore Gulch, Grabtown Gulch, and Harkins Ridge. There are three primary access points to the property. At present, there is parking for approximately 5 cars on Skyline Boulevard at the eastern entrance to Purisima Creek Road. The narrow triangular area adjoining this entrance west of Skyline is part of Huddart County Park. The Huddart Park master plan shows two 20 car parking lots adjacent to Skyline Boulevard in this vicinity which, when developed, may also be utilized for the District site. The western (Higgins-Purisima) entrance has a sturdy metal gate which has been kept locked to prevent off-road vehicle and motor- cycle use. Informal parking for 6 to 8 cars is available outside the gate and similar parking space is available for 30 cars inside the property. This entrance has been the main access point for the logging trucks . Parking for 15 cars is also available at the entrance to Whittemore Gulch Redwoods Open Space Preserve, providing access to Purisima Canyon via Harkins Ridge. There is a large flat near the intersection of Whittemore and Purisima Creeks, which could be an attractive picnic or camping area as well as a trailhead staging area for hikers and equestrians . This was the area where the previous problems from off-road vehicles and motorcycles occurred, and would have to be patrolled regularly as it would be attractive to site users entering from the west when it becomes public land. There is potential for negotiating a plot management agreement with the State for this section of the property. The present owner improved Purisima Creek Road through the property to make it suitable for logging trucks, putting in substantial culverts, clearing several slides, and laying several tons of rock on the first mile of the road. This road will create a potential patrol loop, together with Harkins Ridge fire road, facilitating ranger patrol of this large preserve. It is also an extremely attractive hiking and equestrian route. The purchase of Purisima Canyon would provide a natural route for a critical link in a "City to the Sea" trail in San Mateo County through a magnificent redwood forest and creek setting. This R-84-10 Page five trail could begin at Edgewood Park just east of Interstate Highway 280. The route would follow the Crystal Springs Trail to Huddart Park along San Mateo County's North-South Trail corridor, and ascend. approximately 1400 feet through Huddart Park along the Richards Road and Summit Springs trails . After crossing Skyline Boulevard, the trail would follow Purisima Creek Road through Purisima Canyon emerging at Higgins-Purisima Road five miles east of Half Moon Bay. There are ample areas for trailhead staging, picnicking and camping. Overnight camping would also be possible one mile to the west at Murray Ranch State Park, where environmental walk-in campsites have been proposed along Mills Creek. The existing network of logging roads on the property could provide a large internal trail system, with connection to Soda Gulch, Grabtown Gulch, and Bald Knob, as well as to the trails of Whittemore Gulch Redwoods Open Space Preserve. The potential exists for trail connections to Huddart County Park, Rancho Raymundo and the proposed Murray Ranch State Park to the north and west, and the State Game Refuge to the east. The site will be examined in more detail for trail routes, natural resources, management options, etc . during the option period. The acquisition report will contain this additional information along with interim use and management recommendations . E. Terms The Option Agreement, which will be available at your meeting, requires the payment of $400, 000 (secured by a Second Deed of Trust on a portion of the property) which would give the District the exclusive right to purchase the entire property until April 18, 1984 . If the District proceeded with the purchase, the entire Option Payment would be applied against the purchase price. If the District declined to exercise the option, the owner would retain $25 ,000 of the Option Payment and repay the remaining $375, 000 on or before February 25, 1985 (without payment of interest) . The total cost of this option, if not exercised, would be approximately $65, 000 (the estimated carrying costs for the land during the option period) . If the option were exercised before the April 18, 1984 expiration date, the purchase price would be $6, 000, 000 ($3, 600/acre) requiring $4,300,000 in cash at close of escrow with the balance of $1,700, 000 payable over 5 years at 10% interest. Also, as mentioned in the report, the owner would retain a life estate to the 50 acre Bald Knob area (with appropriate access rights) and be able to build a summer home not exceeding 1500 square feet in size. The District would have design review and comment privi- leges to assure that any such development is senstively placed on the property. This option period is necessary for several reasons . From the owner' s standpoint, a timber harvest plan for the Soda Gulch area has been completed, and in order to meet his financial obligations, a sale of approximately 2, 000, 000 board feet of timber was anticipated. Such a timber harvest would not only make the property less desirable from the District's standpoint, it would also create possible difficulties in seeking outside funding based upon the desirability of the redwood forest on the property. In R-84-10 Page six addition to staying the current timber harvest plans, District staff needs additional time to complete the timber cruise and appraisal process. There are several title questions that require more research and analysis before satisfactory disposition can be concluded. Most importantly of all, the District cannot fund this project entirely with its own resources and cooperative funding is an absolute necessity. Accordingly, staff has been working with Save the Redwoods League on this project for nearly a year, and we are very optimistic about obtaining major assistance on this project. The zoning criteria also require that additional research be completed to best accomplish acquisition and final vesting of the property. Although cooperative management of the property with the State is also a desirable goal, it is doubtful that a management agreement could be completed within the option period. Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Option Agreement, Authorizing Officer to Execute Option Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Wilkins Property) . RES OLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF OPTION AGREEMENT, AUTHORIZING OFFICER TO EXECUTE OPTION AGREE- MENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (WILKINS PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and accept that certain Option Agreement between William T. Wilkins and the Midpeninsula Regional Open Space District dated February 23, 1984 , a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The General Manager of the District shall cause to be given appropriate notice of acceptance of Option Agreement to optionor. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction Section Three. The General Manager of the District is authorized to expend up to $1, 000 to cover the cost of the option escrow and associated fees and costs related to this transaction. OPTION AGREEMENT THIS AGREEMENT is made this day of 1984 , by and between WILLIAM T. WILKINS, hereinafter referred toas "Optionor, " and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, herein- after referred to as "Optionee. " R E C I T A L S: WHEREAS, Optionor is the owner of certain real property which is approximately 1662 acres in size, situated in an unincorporated area of San Mateo County, hereinafter referred to as "The Property, " and being more particularly described in the legal description attached to Exhibit "I" , which Exhibit is attached hereto and by this reference incorporated herein and made a part hereof; and WHEREAS, Optionee desires to acquire the exclusive right to purchase, without becoming obligated to purchase, The Property at an agreed price and under specified terms and conditions , as further stipulated herein. NOW, THEREFORE, it is agreed by and between the parties hereto as follows : 1. Grant of Option. Optioner hereby grants to Optionee the exclusive right to purchase The Property at a price and under the terms and conditions set forth in said Exhibit "I" . 2. option Period. This Option shall commence on February 22 , 1984 , and continue up to and including April 18 , 1984. it is expressly understood and agreed that time is of the essence and Optionee shall make all reasonable effort to exercise this Option and close escrow as soon as possible. 3. Consideration. This Option is granted in consideration of Optionee's payment to Optionor of the sum of Four Hundred Thou- sand and No/100 Dollars ($400 ,000. 00) . And in accordance with the provision of Paragraph 5 herein, the repayment of Three Hundred Seventy-Five Thousand and No/100 Dollars ($375 ,000. 00) of the Option payment is to be secured by a Second Deed of Trust on a portion of The Property in the form of Exhibit "II" as attached hereto and incorporated herein by this reference. Payment is to be made to Optionor on or before Friday, February 24 , 1984 , through an escrow with Transamerica Title Insurance Company, Redwood City office. Option Agreement Wilkins Page Two 4. Application of Consideration to Purchase Price. if this Option or any extension thereof is exercised in accordance with its terms , the consideration paid to Optionor by Optionee shall apply to the purchase price. 5. Retention of Consideration. In the event this Option or any extension thereof is not exercised, the consideration-paid to Optionor by Optionee shall be discharged in the following manner: A. Twenty-Five Thousand and No/100 Dollars ($25 ,000. 00) shall be retained by Optionor as partial consideration of the granting of this option. B. Three Hundred Seventy-Five Thousand and No/100 Dollars ($375,000 . 00) shall be refunded to Optionee on or before February 25 , 1985 without payment of interest, and Optionee shall provide a reconveyance of Deed of Trust or other appropriate document required by Optionor or a title insurance company to eliminate the Deed of Trust as described in Paragraph 3 as a Cloud on title to The Property. C. Optionor shall be entitled to any and all work product of Optionee including appraisals, timber cruise infor- mation and the like, per-formed or obtained by Optionee during the term hereof. 6. Exercise of Option. If Optionee is not in breach of this Agreement, it may exercise this Option by execution and tender to Optionor of an instrument in the form of Exhibit "I" . Optionor shall then immediately execute and deliver to Optionee an executed copy of said instrument. 7 . Automatic Termination. If Optionee fails to exercise this Option in accordance with its terms and within the Option period or any extension thereof, then this Option and the rights of Optionee shall automatically and immediately terminate without notice. There- after, Optionee agrees that it will properly execute, acknowledge and deliver to Optionor within ten (10) days of request therefor, a release, Quitclaim Deed, or other appropriate document required by Optionor or a title insurance company to verify the termination of this Option Agreement, provided however, that elimination of the Deed of Trust, as above described, shall be handled in the manner provided in Paragraph 5.B herein. Option Agreement Wilkins Page Three 8. Assignability of option. Optionee may assign this Agreement to another public agency of the same purpose as Optionee or a non- profit land trust or association having an Internal Revenue Code Section 501 (c) (3) designation as a tax-exempt charitable non-profit foundation; provided that any such assignment shall be null and void without prior written consent of Optionor. In the event an attempted assignment is made in violation of this provision, Optionee's rights under this Agreement shall automatically terminate without notice. 9. Protection of Resources . Optionor convenants and agrees , on behalf of Optionor, his agents , employees and assignees, that during the Option period, as granted herein, Optionor, his agents, employees and assignees shall not cut or remove or cause to be cut or removed any standing or downed trees except for those certain trees in the Grabtown Gulch area of The Property which have already been downed for purposes of cord wood sale, or other natural resources of the Property; and further, Optionor at all times shall continue to preserve and protect The Property and any and all resources thereof. 10. 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 registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : SELLER: William T. Wilkins 1217 Prairie Houston, Texas 77002 (713) 227-6603 DISTRICT: Midpeninsula Regional Open Sapce District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Attn: Herbert Grench, General Manager (415) 965-4717 Service of any such communication made by mail shall be deemed com- plete on the date of actual delivery as shown by the addressee' s registry or certification receipt or at the expiration of the thir- tieth (30th) 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 Option Agreement Wilkins Page Four in this Section. Notwithstanding the above, during the Option 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. 11. Entire Agreement. This instrument contains the entire Agreement between the parties relating to the Option herein granted. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 12. Attorneys ' Fees. In the event of any controversy, claim, or dispute between the parties hereto , arising out of or relating to this Option Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expen- ses, attorneys ' fees and costs as fixed by the Court having jurisdic- tion. 13. Binding Effect. This Agreement shall bind and inure to the benefit of the respective heirs , personal representatives, successors and assigns of the parties hereto. 14. Recordation. A memorandum of this Option shall be executed by both parties hereto in such form as to enable this Option to be recorded in the official records of the Recorders Office of San Mateo County. Option Agreement Wilkins Page Five IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. OPTIONEE: OPTIONOR: MIDPENI14SULA REGIONAL OPEN SPACE DISTRICT APPROVED AS TO FORM: William T. Wilkins Date: Stanley Norton, District Counsel ACCEPTED FOR RECOMMENDATION: L. Craig Britton, SR WA Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: AGREEMENT TO PURCHASE REAL PROPERTY This Agreement is made and entered into by and between WILLIAM T. WILKINS, as his separate property ("SELLER") , and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district' ("DISTRICT") . RECITALS A. SELLER is the owner of certain real property located in an unincorporated area of the County of San Mateo, State of California, being more particularly described in the real property description attached to Preliminary P Title Report Number 03-01-0169327 from Transamerica Title Insurance Company, dated December 28, 1983, and. labeled Exhibit "A" as attached hereto and incorporated herein by this reference. B. SELLER's real property totals approximately 1662 acres, which have natural beauty, open space and recreational value cur- rently of interest to DISTRICT (the "Property") as delineated on the map attached hereto as Exhibit "B" and incorporated herein by t. this reference: C. DISTRICT was organized as a public district to acquire real and personal property for public park, recreation, conservation ' and open space purposes in the San Francisco Midpeninsula area. D. SELLER desires to sell and DISTRICT desires to purchase the Property for the consideration and on the terms and conditions P con t s Y hereinafter set forth. 1 AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. (a) Subject to the provisions of Paragraph l (b) , SELLER does hereby agree to sell to DISTRICT and DISTRICT hereby agrees to purchase from SELLER the Property as described in said Exhibit "A" , upon the terms and conditions hereinafter set forth. EXHIBIT Page� of� Agreement to Purchase Real Property Wilkins Page Two (b) SELLER shall retain a reservation in the Grant Deed of an estate for life for the benefit of SELLEP. and Caroline Crvstal, an unmarried woman, for their joint lives and for the life of the survivor of then to that certain approximately 50 acre area identi- fied as "Life Estate, " on said Exhibit "B" , together with a non-exclusive right of way for ingress and egress and public utilities to the Life Estate (including the right to maintain and improve to rural road standards said right . of way over and along the existing road from Tunitas Creek Road, identified as "Access Road" on said Exhibit "B" . (i) It is mutually understood and agreed that the map attached hereto and labeled Exhibit "B" shall be an acceptable representation of the Life Estate area, and suitable for purposes of preparation of a legal description approxi- mating said area until such time as a survey and/or a more accurate legal description may be completed, as provided in this Section. In such case, the resulting legal description will then merge with and be incorporated into r this Agreement superseding and replacing the delineation of the Life Estate as shown on said Exhibit "B" and any legal descriptions result- ing therefrom. In the event such survey and/or the completion of a more accurate legal descrip- tion as provided herein occurs after the Closing, the parties hereto shall exchange recordable deeds, as necessary, to substitute the more accurate legal description for purposes of Constructive Notice. (ii) In the event a survey(s) is necessary for SELLER's use in the preparation of maps or legal descriptions for the reservation of the Life Estate as provided in this Section, said surveys) shall be conducted by and paid for by SELLER. However, any surveys) requested by DISTRICT solely for its own use shall be paid for by DISTRICT. (iii) Said Life Estate shall be subject to a development restriction and Design Review right by DISTRICT in the form labeled Exhibit "C" as attached hereto and incorporated herein by this reference. EXHIBIT X Page . .._of Agreement to Purchase Real Property Wilkins Page Three (iv) The zoning of the Property subject to the Life Estate shall not be changed by or with the consent of the holder of the remainder interest without written permission of SELLER. E (v) In the event of condemnation by DISTRICT of any or all of the Property subject to the Life Estate, the fair market value of the land shall be Two Hundred Thousand and No/100 Dollars ($200,000. 00) to be adjusted annually for any change in the Consumer Price Index (C .P.I . ) for all urban consumers (San Francisco-Oakland area) or similar index as acceptable to SELLER from the date of Closing to the date of such condemnation. If at the time of taking, the Property has been improved, then in addition to th; fore- going sum for the land, the DISTRICT shall pay the fair market value of the improvements, in place, which shall in no event be an amount less than the actual capital costs of said improvements to SELLER. 2. Purchase Price. The total purchase pr-ice ( "Purchase Price") for the Property shall be Six flillion and No/100 Dollars ($6 ,000,000. 00) which shall be payable as follows : (a) a down payment of Four Million Three Hundred Thousand and No/100 Dollars ($4 ,300,000.00) to be paid in cash at the "Closing, " as defined in Section 3 hereof. DISTRICT to receive credit in escrow for the Four Hundred Thousand and No/100 Dollars ($400,000.00) already paid to SELLER, receipt of which is hereby acknowledged, as consideration for that certain Option Agreement for the Property, dated February 22 , 1984, and (b) unsecured Promissory Notes (the "Notes") , in a form acceptable to SELLER, in the principal amount of One Million Seven Hundred Thousand and No/100 Dollars ($1,700,000. 00) , to be delivered at the Closing in the following denominations: U) Twelve (12) notes in the face amount of One Hundred Thousand and No/100 Dollars ($100 ,000. 00) each, and EXHIBIT Page-2.Of Agreement to Purchase Real Property Wilkins Passe Four (ii) eight (8) notes in the face amount of Fifty Thousand and No/100 Dollars ($50 ,000.00) each, and (iii) four (4) notes in the face amount of Twenty- Five Thousand and No/100 Dollars ($25,000.00) each. Said notes to bear tax-free interest at the rate of ten percent (10%) per annum, or at such rate as would allow said notes to be marketed on the date of Closing for one hundred percent (100%) of their face value, whichever rate of interest is greater ; the Notes to provide for- five (5) equal annual installments of principal in an aggregate amount of Three Hundred Forty Thousand and No/100 Dollars ($340,000. 00) plus accrued interest, with the first such payment to be made on or before the anniversary date of the Closing. The Notes to provide that principal and accrued interest may be prepaid at any time after the pay- ment of the third annual installment, without penalty or premium. The Notes shall be unsecured as expressly authorized by Section 5544. 2 of the Public Resources Code of the State of California. 3. Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at Transamerica Title Insurance Company, Redwood City office, or other title company acceptable to DISTRICT and SELLER ("Escrow Holder") through which the purchase and sale of the Property shall be consu mmated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instruc- tions shall not contradict or supersede any provisions contained herein. Escrow Holder is hereby appointed and designated to act as an escrow holder and is authorized and instructed to deliver pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: EXHIBIT X Page I Agreement to Purchase Real Property Wilkins Page Five (a) The time provided for in the escrow for the close thereof shall be on or before April 20 , 1984 , pro- vided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when the Escrow Holder causes the Grant Deed (as defined below) to be duly recorded in the Office of the County Recorder of San Mateo. (b) SELLER and DISTRICT shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) SELLER shall deposit into escrow on or before the Closing: (i) An executed and recordable Grant Deed covering the Property as described in said Exhibit "A" , and reserving unto SELLER the Life Estate pro- vided in Section 1 (b) hereinabove. Reconveyance from the Prudential Insurance Company releasing the Property from that certain Deed of Trust dated February 22, 1977, and recorded at Page 665, Book 7392 in the official records of San Mateo County, Cali- fornia; sufficient to eliminate Items 11.01 and 12 contained in said Preliminary Title Report (Exhibit "A") . (iii) Mutual termination of License Agreement or other action sufficient to eliminate Item 16 contained in said Preliminary Title Report. (d) DISTRICT shall deposit into escrow, on or before the Closing: (i) The Notes , duly executed by DISTRICT and to be dated as of the Closing. (ii) An opinion letter from the law offices of Orrick, Herrington and Sutcliffe, or other such law firm as may be agreeable to the parties hereto, as to the sufficiency of the Notes. Said opinion letter to state in a form satisfactory to SELLER that the Notes are valid and binding obligations of DISTRICT and that the interest payable thereon will qualify as tax-free interest within the meaning of Section 103 of the InO UITevenue Code. Agreement to Purchase Real Property Wilkins r Page Six (iii) An opinion letter from Stone and Youngberg, or other such investment underwriter, as may be agreeable to the parties hereto, as to the marketability and market value of the Notes as provided in Section 2 hereinabove. '(iv) DISTRICT's check payable to Escrow Holder in the amount of Three Million Nine Hundred Thousand and No/100 Dollars ($3,900,000.00) as the balance due from DISTRICT for the cash down payment. (v) Copies of any and all information and work product of DISTRICT regarding appraisals, timber cruise information and the like, as it relates to the Property. (e) The Closing and DISTRICT's obligations hereunder shall be additionally conditioned upon the following: W The willingness of the title company to issue the policy of title insurance referred to herein; and satisfaction by the parties of their respective obligations hereunder. (f) DISTRICT shall pay the costs of obtaining the opinion letters for the Notes as required herein, and the costs of any and all escrow fees, documentary transfer taxes, if any, the policy of title insurance as described below, and any and all customary recording costs and fees. SELLER shall pay all reasonable costs required to deliver marketable title in the manner provided herein. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between DISTRICT and SELLER in the manner customary in San Mateo County, all current real property taxes for the Property shall be prorated through escrow between DISTRICT and SELLER as of the Closing based upon the latest available tax information using the customary escrow procedures. (g) SELLER shall cause Transamerica Title Insurance Company at 802 Brewster Avenue, Redwood City, Cali- fornia 94063, or other title company acceptable to EXHIBIT Pare Of!V I I Agreement .to Purchase Real Property Wilkins Page Seven DISTRICT and SELLER, to be prepared and committed to deliver to DISTRICT standard coverage policy of title insurance, dated as of the Closing, insuring DISTRICT in the amount of the Purchase Price for the Property, and showing title to the Property vested in fee simple in DISTRICT, subject only to: (i) current real property taxes; (ii) those items shown as exceptions 1, 2 , 3, 4 , 5, 6 , 7, 8, 8. 01, 9, 10 , 11 , 11. 02, 11. 03, 13, 14 , 14.01, 14.02, 15, 15.01, 15.02, 17 , 17. 01, 17. 02, 18, 19, and 20 in said Preliminary Title Report attached hereto as Exhibit "A"; (iii) the Life Estate as provided herein; and (iv) all other matters approved in writing by DISTRICT prior to the Closing. In the event SELLER is unable to remove such disapproved exceptions before the time set forth for the closing, DISTRICT shall have the right either: (i) to termi- nate the escrow provided for herein (after giving written notice to SELLER of such disapproved excep- tions and affording SELLER at least twenty (20) days to remove such exceptions) and then Escrow Holder and SELLER shall, upon DISTRICT's direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder; or (ii) to close the escrow and consummate the pur- chase of the r P o ert P Y- (h) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the office of the County Recorder of San Mateo County, California. Upon the Closing, Escrow Holder shall cause to be delivered to DISTRICT originals of the Policy of Title Insurance required herein, and to SELLER the Escrow Holder's check for the down pay- ment on the Purchase Price (less SELLER' s portion of the expenses described in Section 3 (f) ) and the Notes a as described in Section 2 (b) herein, and to DISTRICT or SELLER, as the case may be, all other documents or instruments which, in accordance with the inten- tions of this Agreement, are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. EXHIBIT Z �� Agreement to Purchase Real Property Wilkins Page Eight 4. Rights and Liability of the Parties in the Event of Termination. In the event this Aareement is terminated and the escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to right of subrogation against any party whose fault may have caused such termination of escrow) , and each party reserves any other rights and remedies which it may have against any other party by reason of a wrongful termina- tion or failure to close escrow. 5. SELLER's Warranties . (a) This Agreement and all other documents delivered by SELLER to DISTRICT now or at the Closing have been or will be duly authorized and executed and delivered by SELLER and are legal, valid and binding obligations of SELLER sufficient to convey fee title to DISTRICT, and are enforceable in. accordance with their respec- tive terms and do not violate any provisions of any k agreement to which SELLER is a party. (b) SELLER warrants that title to the Property shall be conveyed to DISTRICT at Closing free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights held by any third party except for the permitted exceptions to title referred to in Section 3 (g) above and any and all prescriptive easement rights sought to be asserted by third parties, and SELLER shall forever 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 in Paragraph 3 (g) above and any and all prescriptive easement rights sought to be asserted by third parties, and except for any exceptions to title created by DISTRICT hereafter. EXHIBIT, Page 42 o Agreement to Purchase Real Property Wilkins Page Nine (c) SELLER warrants that at Closing there will exist no oral or written leases or rental agreements affecting all or any portion ,of the Property and agrees to hold -- DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss , damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement affecting all or any portion of the Property (includ- ing but not limited to relocation payments and expen- ses provided for in Section 7260 et sect. of the California Government Code) . 6. 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 Assist- ance and Peal Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7276 , et seq. SELLER acknowledges that it is familiar with the applicable Federal and California law. SELLER hereby waives all existing and future rights it may have to receive the fair market value of the Property under any applicable Federal or California law. 7. Miscellaneous Provisions. 7. 01 Choice of Law. The internal laws of the State of - California, regardless of. any choice of law prin- ciples, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 7. 02 Attorneys ' Fees. If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees. 0T_ Page 9,Of Agreement to Purchase Real Property Wilkins Page Ten 7. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obliga- tions of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any docu- ments delivered pursuant hereto; (iii) waive compli- ance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, exten- sion or waiver must be in writing. 7. 04 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 this 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, y power, or remedy available to such party. 7. 05 Notices. All notices, consents, waivers or demands of any kind which either party to this Agreement may require 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 registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows: SELLER: William T. Wilkins 1217, Prairie Houston, Texas 77002 (713) 227-6603 DISTRICT: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos , California 94022 (415) 965-4717 Attn: Herbert Grench, General Manager EXHIBIT Page 141 Of, Agreement to Purchase Real Property Wilkins Page Eleven . Service of any such communication made my mail shall be deemed complete on the date of actual delivery as shown by the addressee 's registry or certifica- tion receipt or at the expiration of the thirtieth (30th) 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. 7 . 06 Disclaimer of Representations . DISTRICT and SELLER agree that, except as otherwise specifically provided herein, neither SELLER, nor any of its employees, representatives, or agents has made any representa- tions, warranties or agreements as to any matters concerning the Property which are not contained in this Agreement, including, without limiting the generality of the foregoing, the condition of the improvements thereon, or the fitness of the Property or such improvements for any use intended by DISTRICT. DISTRICT agrees to purchase and SELLER agrees to deliver the Property at the Closing in an "as is" condition without reliance by DISTRICT on any express or implied warranties of any kind. No patent or latent defects in the physical condition of the Property whether or not now known or discovered, shall affect the rights of either party hereto. 7. 07 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of EMMUIT it of Agreement to Purchase Real Property Wilkins Page Twelve this Agreement. The parties further agree to replace such void or unenforceable provisions of this Agreement with valid and enforceable pro- visions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 7. 08 Couterparts . 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. 7. 09 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or other- wise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver or any other term, provision or condi- tion of this Agreement. 7. 10 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agree- ment; it embodies the entire aareement and under- standing between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof; and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 7. 11 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 7 . 12 Survival of Covenants . All covenants of DISTRICT or SELLER which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 7. 13 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. Notwithstanding the -17 .ng, it is expressly understood and agreed kWATUR. P. Untp-Z are fully assignable by SELLER. Page 11L of V% i Agreement to Purchase Real Property Wilkins Page Thirteen 7. 14 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 7. 15 Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 7 . 16 Captions . Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 7. 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 7. 18 Broker's Commission. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transaction. EXHIBIT P3 of Agreement to Purchase Real Property Wilkins Page Fourteen IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed either individually or by their duly authorized officers to be effective as of the day year ear noted below. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORP4: William T. Wilkins Date: Stanley Norton, Legal Counsel ACCEPTED FOR RECOMMENDATION: L. Craig Britton, SR WA Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: EXR161T L Page Of� Transamerica 'bil1I ,i Title Services #��'� EXHISIT FIRST RATE SERVICE AT A FAiftSURAHCE COMPANY + Page o . 802 BRENSTER NEME REDROOD CITY, CALIFORNIA 94063 415-3A-4121 MR. BILL WILKINS MID—PENINSULA REGIONAL OPEN SPACE 1217 PRAIRIE 375 DISTEL CIRCLE, SUITE D—I HOUSTON TX 77002 LOS ALTOS CA 9402:2 ATTN: MR. CRAIG BRITTON TEL.NO. 965-4717 03 COPIES c/o TA 03-01, 00 CCR 04 COPIES c/o, TA 03-01, 00 CCR ORDER NUMBER: 03-01-0169327 TITLE NUMBER: — — AMENDED NO. 1 PRELIMINARY REPORT IN RESPONSE TO THE WYE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRA#R03ERICA TITLE ixmnxm C0MPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A CALIFORNIA LAND TITLE ASSBCIATIUM STANDARD C0VERRCE FOR" POLICY OF TITLE IHS6'RANCE DESCRIBINg THE LAND A031 THE ESTATE OR ]IF TEREST THEREIN HEREINAFTER SET FORTH, IHSURIRC AGAINST LOSS MUCH PAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUtMNCE NOT SHORN OR REFERRED TO AS AN EXCEPTION BELON OR NOT EXCLUDED FR0M C0VERA5E PURSUANT TO THE MINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY F0RM. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PLWME Of FAMITATIK THE ISSUANCE OF A POLICY OF TITLE INSURFRCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSIMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER 11 C0MMITMENT SHOULD BE RERUESTED. DATED AS OF DECEMBER 28, 1983 at 7: 00 A.M. MARIE A. JACOBSON (OFFICER) 1 T Z PAGE 1 3G IT o Transamerica Title Services 03-01-0169327 FIRST RATE SERVICE AT A FAIR PRICE EXHIBIT_,4__= Wage 'L of� The estate or interest in the 1an4 4escribe4 herein is a: �'r~ i FEE SIMPLE I t3T3 THE DATE Shot Aft, THE ESTATE OR INTEREST REFERRED TO lfEREIR IS VESTED IN: WILLIAM T. - WILKINS, AS HIS SEPARATE PROPERTY The land referred to herein is situated in the State of CALIFORNIA , County of SAN MATEO , City of TOWN OF WOODSIDE and is described as follows: BEGINNING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE FROM SAID POINT OF BEGINNING, ALONG THE NORTH LINE OF SAID SECTION 1, EASTERLY TO THE NORTHEAST CORNER OF SECTION 1, WHICH POINT IS ALSO THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE WEST LINE OF SAID SECTION 31 NORTHERLY TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 31, EASTERLY TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF LOT 4 IN SAID SECTION 31, SOUTH 89 DEGREES 37 MINUTES 30 SECONDS EAST TO THE POINT OF INTERSECTION THEREOF WITH THE WESTERLY LINE OF A ROAD KNOWN AS QUARRY ROAD, SAID INTERSECTION POINT BEING THE WESTERLY GATE POST OF A GATE ACROSS SAID QUARRY ROAD AND SAID POINT BEING DISTANT NORTH 89 DEGREES 37 MINUTES 30 SECONDS WEST 832 FEET, MORE OR LESS, FROM ENGINEER 'S STATION NO. 226+69. 6 OF THE STATE HIGHWAY SURVEY OF SKYLINE BOULEVARD AND ALSO BEING THE NORTHWEST CORNER OF THAT CERTAIN 6. 30 ACRE PARCEL DESCRIBED IN DEED TO EDW. J. HIGGINS AND WIFE, RECORDED OCTOBER 22, 1954 IN BOOK 2674 OF OFFICIAL RECORDS AT PAGE 22 (FILE NO. 96026—L), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE LEAVING SAID NORTH LINE OF LOT 4 AND RUNNING ALONG THE EXTERIOR BOUNDARIES OF SAID 6.30 ACRE TRACT, SOUTH 17 DEGREES 03 MINUTES 00 SECONDS EAST 495 FEET; THENCE SOUTH 76 DEGREES 42 MINUTES 00 SECONDS EAST 105 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 00 SECONDS EAST 541 FEET TO A FENCE CORNER; THENCE NORTH 73 DEGREES 08 MINUTES EAST 165. 5 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID SKYLINE BOULEVARD AT A POINT THEREON WHICH IS DISTANT SOUTH 27 DEGREES 43 MINUTES EAST 195 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE WITH SAID NORTH LINE OF LOT 4 IN SECTION 31; THENCE ALONG SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD, SOUTHEASTERLY 400 FEET, MORE OR LESS, TO A POINT THEREON WHICH IS DISTANT NORTHWESTERLY 322.27 FEET, ALONG THE ARC OF A 1950 FOOT RADIUS CURVE, FROM A POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD WITH THE WESTERLY BOUNDARY OF THE RANCHO CANADA DE RAYMUNDO; THENCE LEAVING SKYLINE BOULEVARD, SOUTH 58 DEGREES 55 MINUTES 473. 8 FEET; THENCE SOUTH 34 DEGREES 36 MINUTES EAST 299. 1 FEET; THENCE NORTH 64 DEGREES 05 MINUTES EAST 15 FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED IN QUITCLAIM PAGE 2 tXHIBIT Page of 4' Transamerica Transamerica Title ServSERVICE �ap3� Q2.._01 27 FIRST RATE SERVICE AT A FAIR PRICE' �i°i �3� i 'age tj of t. WATERS OF TUNITAS CREEK, TO THE EASTERLY SIDE OF BALD MOUNTAIN, AND A POINT MARKED BY AN IRON PIPE AT THE BASE OF A TANBARK TREE, SAID POINT BEARING NORTH 83 DEGREES 24 MINUTES 09 SECONDS EAST 1833. 75 FEET FROM THE U.S. COAST AND GEODETIC SURVEY TRIANGULATION MONUMENT "BALD KNOB, 1931, SAN MATED COUNTY, CALIF. , " AT LATITUDE 37 DEGREES 25 MINUTES 24. 528 SECONDS AND LONGITUDE 122 DEGREES 21 MINUTES 11. 204 SECONDS; THENCE ALONG THE GENERAL NORTHERLY LINE OF LANDS DESCRIBED IN LIS PENDENS RECORDED IN BOOK 4640 OF OFFICIAL RECORDS AT PAGE 145 (FILE, NO. 86168—W), RECORDS OF SAN MATED COUNTY, CALIFORNIA, FOR :THE FOLLOWING COURSES AND DISTANCES: SOUTH 57 DEGREES 22 MINUTES 45 SECONDS WEST 264.00 FEET, NORTH 84 DEGREES 07 MINUTES 15 SECONDS WEST 101. 64 FEET, SOUTH 80 DEGREES 07 MINUTES 45 SECONDS WEST 124.74 FEET, SOUTH 68 DEGREES 07 MINUTES 45 SECONDS WEST 264. 00 FEET, SOUTH 87 DEGREES 37 MINUTES 45 SECONDS WEST 203. 94 FEET, NORTH 87 DEGREES 34 MINUTES 11 SECONDS WEST 1055. 08 FEET AND NORTH 31 DEGREES 30 MINUTES 20 SECONDS WEST 833. 55 FEET TO AN ANGLE POINT IN SAID LINE; THENCE CONTINUING SOUTHWESTERLY, ALONG SAID GENERAL NORTHERLY LINE TO THE INTERSECTION THEREOF WITH THE COMMON BOUNDARY LINE DESCRIBED IN AGREEMENT BETWEEN AUGUST CAFFERATA AND VIVIAN CAFFERATA, HIS WIFE, FIRST PARTIES, AND PURISIMA CANYON CO. , A PARTNERSHIP, SECOND PARTIES, DATED JANUARY Is, 1965 AND RECORDED MARCH 30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT PAGE 236 (FILE NO. 31936—Y), RECORDS OF SAN MATED COUNTY, CALIFORNIA; THENCE ALONG SAID COMMON BOUNDARY, NORTH 40 DEGREES 32 MINUTES 19 SECONDS WEST 6000 FEET, MORE OR LESS, TO THE NORTHWESTERLY TERMINUS THEREOF, AS DESCRIBED IN SAID BOUNDARY LINE AGREEMENT AND FROM WHICH POINT OF A CONCRETE NAIL IN THE CENTER OF A CONCRETE BRIDGE OVER PURISIMA CREEK, SET TO MARK THE POINT OF BEGINNING DESCRIBED IN THE DEED FROM WILLIAM W. MC COY TO BENJAMIN G. LATHROP, RECORDED JULY 7, 1856 IN BOOK 1 OF DEEDS AT PAGE 1, RECORDS OF SAN MATED COUNTY, CALIFORNIA# BEARS NORTH 40 DEGREES 32 MINUTES 19 SECONDS WEST 534. 47 FEET; THENCE CONTINUING ALONG SAID AGREED COMMON BOUNDARY LINE, NORTH 79 DEGREES 12 MINUTES 48 SECONDS WEST 258. 05 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7328" IN PURISIMA CREEK ROAD, FROM WHICH SAID CONCRETE NAIL IN THE CENTER OF THE BRIDGE BEARS NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST 370.00 FEET, SAID LAST MENTIONED POINT ALSO BEING THE SOUTHERLY TERMINUS OF THE COMMON BOUNDARY LINE BETWEEN THE LANDS OF PURISIMA CANYON COMPANY AND THE LANDS OF JEAN B. EDWARDS AND RUTH J. BERND, AS DESCRIBED IN AGREEMENT DATED MARCH 2, 1965 AND RECORDED MARCH 30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT PAGE 233 (FILE NO. 319—Y), RECORDS OF SAN MATED COUNTY, CALIFORNIA; THENCE ALONG SAID COMMON COUNTY BOUNDARY LINE, NORTH 1 DEGREES 05 MINUTES WEST 66.98 FEET TO AN ANGLE POINT IN THE CENTER LINE OF SAID PURISIMA CREEK ROAD; THENCE CONTINUING ALONG SAID CENTER LINE, NORTH 25 DEGREES 04 MINUTES 00 SECONDS WEST 162.28 FEET, NORTH 9 DEGREES 35 MINUTES 00 SECONDS WEST 58.00 FEET AND NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST 21. 08 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7328" FROM WHICH SAID CONCRETE NAIL IN THE CENTER LINE OF SAID BRIDGE BEARS NORTH 14 DEGREES 43 MINUTES 02 SECONDS WEST 68. 10 FEET; THENCE CONTINUING ALONG SAID CENTER LINE, NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST, 59. 92 FEET TO THE CENTER LINE OF COUNTY ROAD NO. 39; THENCE ALONG SAID CENTER LINE, NORTH 75 DEGREES 46 MINUTES 00 SECONDS WEST 26.72 FEET TO THE SAID CONCRETE NAIL IN THE CENTER OF THE CONCRETE BRIDGE OVER PURISIMA CREEK; THENCE LEAVING SAID PAGE 4 EXHIBIT 3: ,it 0 77Transamerica Title Services FIR;T RATE SERVICE AT A FAIR PRICE 69 °�7 AM Page of LAST MENTIONED COMMON BOUNDARY LINE AND ALONG THE SOUTHWESTERLY LINE OF LANDS QUITCLAIMED BY FLORINDA NELSON AND A. S. HATCH, ET AL, BY DEED RECORDED JUNE 10, 1927, IN BOOK 296 OF OFFICIAL RECORDS AT PAGED 440, RECORDS OF SAN MATED COUNTY, CALIFORNIA, NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST 1126. 91 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R.E. 7328, " SET ON THE NORTHERLY LINE OF LOT 1 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP b SOUTH, RANGE 5 WEST, DISTANT THEREON NORTH 199 DEGREES 49 MINUTES 12 SECONDS WEST 528. 00 FEET FROM THE LINE BETWEEN SAID SECTION 2 AND SECTION 1, TOWNSHIP b SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 89 DEGREES 49 MINUTES 12 SECONDS EAST 528.00 FEET TO SAID LINE BETWEEN SECTION i AND SECTION 2; THENCE NORTHERLY, ALONG SAID DIVIDING LINE, 2640 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: BEGINNING AT A REDWOOD POST ON THE LINE FIRST DESCRIBED IN THE DEED FROM MC COY TO LATHROP, RECORDED IN BOOK 1 OF DEEDS AT PAGE 1, RECORDS OF SAN MATED COUNTY, CALIFORNIA, DISTANT THEREON 9 CHAINS FROM THE POINT OF COMMENCEMENT AS DESCRIBED IN SAID DEED; THENCE EASTERLY B CHAINS 40 FEET TO A REDWOOD POST SET IN A GULCH ABOUT 40 FEET ABOVE A LARGE REDWOOD I TREE STANDING IN OR NEAR THE GULCH; THENCE UP THE GULCH 7. 00 CHAINS TO A POINT WHERE THE LINE CROSSES, AS DESCRIBED IN THE DEED ABOVE MENTIONED; THENCE ALONG SAID LINE, IN A NORTHWEST DIRECTION. TO THE POINT OF BEGINNING. BEING THE LAND CONVEYED BY NATHANIEL C. LANE TO B. G. LATHROP, BY DEED DATED NOVEMBER 20, 1861 AND RECORDED DECEMBER 17, 1B61 IN BOOK 3 OF DEEDS AT PAGE 51, RECORDS OF SAN MATED COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM SO MUCH OF LOTS 1, 2, 3, AND 4 IN SECTION 8 AS LIES NORTH OF THE COMMON BOUNDARY LINE ESTABLISHED BY AGREEMENT BETWEEN CHARLES W. BORDEN, JENNIE H. HARTLEY, AND MARY BROMFIELD. ET AL, DATED NOVEMBER 23, 1908 AND RECORDED NOVEMBER 24, 190B IN BOOK 16 OF MISCELLANEOUS RECORDS AT PAGE 364, RECORDS OF SAN MATED COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LANDS, AS CONVEYED BY DEED FROM EDWARD J. HIGGINS AND LILLIAN C. HIGGINS, HUSBAND AND WIFE, TO CHARLES F. STEELE, SINGLE, DATED MAY 19, 1947 AND RECORDED MAY 23, 1947 IN BOOK 1366 OF OFFICIAL RECORDS AT PAGE 74, RECORDS OF SAN MATED COUNTY, CALIFORNIA: i PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP b SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE MEDIAN LINE OF A ROAD KNOWN AS THE COUNTY FIRE WARDEN'S ROAD, SAID POINT OF BEGINNING BEING THE FOLLOWING COURSES AND DISTANCES, ALONG SAID MEDIAN LINE OF ROAD, FROM THE SOUTHWEST CORNER.- OF LOT 47, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA MORENA WOODS, " FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATED PAGE 5 EXHIBIT 3: Page of it Transamerica Title Services � 116 327 FIRST RATE SERVICE AT A FAIR PRICE COUNTY ON DECEMBER 15, 1924 IN BOOK 12 OF MAPS, AT PAGE 12; SOUTH 71 DEGREES 50 MINUTES WEST 157 FEET, SOUTH 24 DEGREES 08 MINUTES WEST 62 FEET, SOUTH 0 DEGREES 42 MINUTES WEST 150 FEET AND SOUTH 25 DEGREES 17 MINUTES WEST 57 FEET TO SAID POINT OF BEGINNING; THENCE CONTINUING ON AND ALONG SAID MEDIAN LINE, SOUTH 42 DEGREES 39 MINUTES WEST 134 FEET, SOUTH 31 DEGREES 26 MINUTES WEST 150 FEET, SOUTH 64 DEGREES 26 MINUTES WEST 75 FEET AND SOUTH 84 DEGREES 12 MINUTES WEST 162 FEET; THENCE LEAVING SAID MEDIAN LINE, NORTH 9 DEGREES 11 MINUTES WEST 210 FEET, NORTH 44 DEGREES 02 MINUTES EAST 315 FEET AND SOUTH 53 DEGREES 46 MINUTES EAST 267 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING: ALL OF LAND DESCRIBED IN THAT CERTAIN QUITCLAIM DEED FROM WILLIAM T. WILKINS, AS HIS SEPARATE PROPERTY, TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT, RECORDED AUGUST 6, 1982 AS SERIES NO. 82067176, SAN MATED COUNTY RECORDS, DESCRIBED AS FOLLOWS: A PORTION OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN. SAID PORTION BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LANDS OF EDWARD D. VALLERGA, AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 10, 1957 j IN BOOK 3318 OF OFFICIAL RECORDS OF SAN MATED COUNTY AT PAGE 699; j i THENCE ALONG THE NORTHEASTERLY LINE OF LAST SAID LANDS SOUTH 53 DEGREES 51 MINUTES 46 SECONDS EAST 265. 38 FEET (SOUTH 53 DEGREES 46 MINUTES EAST 267 FEET PER SAID DEED) TO A POINT ON THE COUNTY FIRE WARDEN'S ROAD); THENCE ALONG LAST SAID ROAD NORTH 25 DEGREES 17 MINUTES 00 SECONDS EAST 57. 00 FEET AND NORTH 00 DEGREES 42 MINUTES 00 SECONDS EAST 54. 12 FEET; THENCE LEAVING LAST SAID LINE ALONG THE FOLLOWING COURSES: NORTH 53 DEGREES 51 MINUTES 46 SECONDS WEST 433. 72 FEET; SOUTH 36 DEGREES 08 MINUTES 14 SECONDS WEST 161.20 FEET; SOUTH 24 DEGREES 38 MINUTES 59 SECONDS WEST 568. 34 FEET; NORTH 83 DEGREES 12 MINUTES 05 SECONDS EAST 170. 82 FEET; SOUTH 83 DEGREES 31 MINUTES 41 SECONDS EAST 90. 49 FEET; TO THE SOUTHWEST CORNER OF SAID LANDS OF VALLERGA. THENCE ALONG THE BOUNDARY OF LAST SAID LANDS NORTH 9 DEGREES 11 MINUTES 00 SECONDS WEST 210. 00 FEET TO A FOUND 3/4 INCH IRON PIPE MONUMENT; THENCE CONTINUING ALONG THE LAST SAID BOUNDARY NORTH 44 DEGREES 02 MINUTES 00 SECONDS EAST 312. 24 FEET (315 FEET PER SAID DEED) TO AN AXLE MARKING THE POINT OF BEGINNING. PAGE 6 Page of Transamerica Tithe Services 03-01-0169327 FIRST RATE SERVICE AT A FAIR PRICE EXH I B IT Pa of !!!kft .s ALSO EXCEPTING- THEREFROM THE FOLLOWING PROPERTY: 1. ALL THAT LAND IN SECTION 31, TOWNSHIP 5 SHIP, RANGE 4 WESTs MOUNT DIABLO MERIDIAN AND BASELINE. 2. . THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE MERIDIAN AND BASE LINE. AND FURTHER EXCEPTING THEREFROM, ALL OF THE LAND CONVEYED BY WILLIAM T. WILKINS TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT, BY GRANT DEED RECORDED ON AUGUST 6, 1982, AS SERIES NO. 82067175, SAN MATED COUNTY RECORDS, AND DESCRIBED AS FOLLOWS: PARCEL ONE: BEGINNING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE FROM SAID POINT OF BEGINNING, ALONG THE NORTH LINE OF SAID SECTION 1, EASTERLY TO THE NORTHEAST CORNER OF SECTION 1, WHICH POINT IS ALSO THE SOUTHWEST CORNER OF SECTION 31; TOWNSHIP 5 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE WEST LINE OF SAID SECTION 31 NORTHERLY TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 31, EASTERLY TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF LOT 4 IN SAID SECTION 31, SOUTH 89 DEGREES 37 MINUTES 30 SECONDS EAST TO THE POINT OF INTERSECTION THEREOF WITH THE WESTERLY LINE OF A ROAD KNOWN AS THE QUARRY ROAD, SAID INTERSECTION POINT BEING THE WESTERLY GATE POST OF A GATE ACROSS SAID QUARRY ROAD AND SAID POINT BEING DISTANT NORTH 89 DEGREE'S 37 MINUTES 30 SECONDS WEST 832 FEET, MORE OR LESS, FROM ENGINEER 'S STATION NO. 226+69. 6 OF THE STATE HIGHWAY SURVEY OF SKYLINE BOULEVARD AND ALSO BEING THE NORTHWEST CORNER OF THAT CERTAIN 6. 30 ACRE PARCEL DESCRIBED IN DEED TO EDW. J. HIGGINS AND WIFE, RECORDED OCTOBER 22, 1954 IN BOOK 2674 OF OFFICIAL RECORDS AT PAGE 22 (FILE NO. 96026—L), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE LEAVING SAID NORTH LINE OF LOT 4 AND RUNNING ALONG THE EXTERIOR BOUNDARIES OF SAID 6. 30 ACRE TRACT, SOUTH 17 DEGREES 03 MINUTES 00 SECONDS EAST 495 FEET; THENCE SOUTH 76 DEGREES 42 MINUTES 00 SECONDS EAST 105 FEET; THENCE NORTH 58 DEGREES OB MINUTES 00 SECONDS EAST 541 FEET TO A FENCE CORNER; THENCE NORTH 73 DEGREES 08 MINUTES EAST 165. 5 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID SKYLINE BOULEVARD AT A POINT THEREON WHICH IS DISTANT SOUTH 27 DEGREES 43 MINUTES EAST 195 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE WITH SAID NORTH LINE OF LOT 4 IN SECTION 31; THENCE ALONG SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD, SOUTHEASTERLY 400 FEET, MORE OR LESS, TO A POINT THEREON WHICH IS DISTANT NORTHWESTERLY 322.27 FEET, ALONG THE ARC OF A 1950 FOOT RADIUS CURVE, FROM A POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD WITH THE WESTERLY BOUNDARY OF THE RANCHO CANADA DE RAYMUNDD; THENCE LEAVING SKYLINE BOULEVARD, SOUTH 56 DEGREES 55 MINUTES WEST 473. 8 FEET; THENCE SOUTH 34 DEGREES 36 MINUTES EAST 299. 1 FEET; THENCE NORTH 64 DEGREES 05 MINUTES EAST 15 FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED IN QUITCLAIM PAGE 7 EXHIBIT Page Transamerica Title Services FIRST RATE SERVICE AT A FAIR PRICE 03-01-0169327 EXHIBIT of DEED FROM JOHN H. WILMARTH TO EDWARD J. HIGGINS, RECORDED NOVEMBER 16, 1948 IN BOOK 1'593 OF OFFICIAL RECORDS AT PAGE 191, RECORDS OF SAN MATED COUNTY, CALIFORNIA; THENCE DUE SOUTH 750 FEET* MORE OR LESS, TO A POINT IN THE MEDIAN LINE OF WHITTEMORE GULCH; THENCE ALONG SAID MEDIAN LINE, SOUTHEASTERLY 100 FEET, MORE OR LESS, TO AN IRON PIPE MONUMENT SET AT AN ANGLE POINT IN THE WESTERLY LINE OF LOT 47, AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA MORENA WOODS, " FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATED COUNTY, STATE OF CALIFORNIA, ON DECEMBER- 15, 1924 IN BOOK 12 OF MAPS AT PAGE 12; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 AND ALONG THE WESTERLY LINE OF THE PARCEL SHOWN AS LANDS OF DAVENPORT BROMFIELD ON SAID MAP, SOUTH 5 DEGREES 00 MINUTES WEST II89 FEET TO AN IRON PIPE MONUMENT SET AT THE SOUTHWEST CORNER OF THE LANDS SHOWN ON SAID MAP; THENCE LEAVING SAID SOUTHWEST CORNER, SOUTH 49 DEGREES 02 MINUTES 15 SECONDS WEST, 1975. 12 FEET; THENCE SOUTH, 480. 00 FEET; THENCE SOUTH 26 DEGREES 12 MINUTES 37 SECONDS WEST,, 478. 06 FEET; THENCE SOUTH.- 300. 00 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 41340"; THENCE SOUTH 62 DEGREES 21 MINUTES 36 SECONDS WEST, 156. 49 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 6 DEGREES 58 MINUTES 31 SECONDS EAST, 138. 83 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 13 DEGREES 15 MINUTES 22 SECONDS WEST, 98. 53 FEET; THENCE SOUTH 18 DEGREES 16 MINUTES 00 SECONDS WEST, 111. 63 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH B DEGREES 08 MINUTES 52 SECONDS EAST, 156. 50 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 23 DEGREES 04 MINUTES 59 SECONDS EAST, 133.67 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 72 DEGREES 43 MINUTES 24 SECONDS WEST, 83. 65 FEET TO A 3/4 INCH i IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 38 DEGREES 52 MINUTES 28 SECONDS WEST, 243. 18 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 86 DEGREES 08 MINUTES 13 SECONDS WEST, 105. 73 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 27 DEGREES 55 MINUTES 10 SECONDS WEST, 76. 54 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 52 DEGREES 43 MINUTES 42 SECONDS WEST, 193. 38 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 88 DEGREES 04 MINUTES 49 SECONDS WEST, 207.91 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 73 DEGREES 38 MINUTES 41 SECONDS WEST, 71. 11 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 40 DEGREES 17 MINUTES IS SECONDS WEST, 64. 33 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 24 DEGREES 57 MINUTES 10 SECONDS WEST, 150.36 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 484011; THENCE SOUTH 66 DEGREES 14 MINUTES 43 SECONDS WEST, 120. 45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 77 DEGREES 29 MINUTES 06 SECONDS WEST, 67. 07 FEET; THENCE SOUTH 81 DEGREES 22 MINUTES 29 SECONDS WEST, 106. 19 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 63 DEGREES 02 MINUTES 08 SECONDS WEST, 115. 76 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 15 DEGREES 13 MINUTES 00 SECONDS WEST, 60. 34 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 67 DEGREES 06 MINUTES 00 SECONDS WEST, 104. 53 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 53 DEGREES 45 MINUTES 52 SECONDS WEST, 1413.61 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4134011; THENCE NORTH 51 DEGREES 49 MINUTES 14 SECONDS WEST, 137. 94 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; PAGE 8 EXHIBIT M Page 23L Of U*1 Transamerica Title Services � 4a3,�I-41-41b9 27 FIRST RATE SERVICE AT A FAIR PRICE S=i 9T THENCE NORTH 49 DEGREES 07 MINUTES 51 SECONDS WEST, 118. 97 FEET TO A 3/4 INCH IRON PIPE' MONUMENT TAGGED "LS 4840"; THENCE SOUTH 63 DEGREES 20 MINUTES 39 SECONDS WEST, 94. 68 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 49 DEGREES 36 MINUTES 13 SECONDS WEST, 120. 50 FEET; THENCE NORTH 39 DEGREES 56 MINUTES 05 SECONDS WEST, 62. 36 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 87 DEGREES 35 MINUTES 27 SECONDS WEST, 152. 67 FEET TO A 3/4 INCH IRON PIPE: MONUMENT TAGGED "LS 4840"; THENCE NORTH 30 DEGREES 22 MINUTES 04 SECONDS WEST, 273. 24 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4S40"; THENCE NORTH 2 DEGREES 11 MINUTES 11 SECONDS WEST, 40. 70 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 7 DEGREES 55 MINUTES 56 SECONDS WEST, 102. 68 FEET; THENCE NORTH 12 DEGREES 43 MINUTES 33 SECONDS WEST, 86. 45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 67 DEGREES 54 MINUTES 20 SECONDS EAST, 65. 60 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 52 DEGREES 59 MINUTES 50 SECONDS EAST, 154. 49 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 80 DEGREES 01 MINUTES 11 SECONDS EAST, 295.24 FEET; THENCE NORTH 42 DEGREES 53 MINUTES 14 SECONDS EAST, 222.80 FEET; THENCE NORTH 30 DEGREES 00 MINUTES 00 SECONDS EAST, 100.00 FEET; THENCE NORTH 20 DEGREES 04 MINUTES 00 SECONDS EAST, 50. 00 FEET; THENCE SOUTH 75 DEGREES 45 MINUTES 00 SECONDS WEST, 150. 00 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 83 DEGREES 00 MINUTES 25 SECONDS WEST, 207. 71 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 78 DEGREES 22 MINUTES 58 SECONDS WEST, 296. 51 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 67 DEGREES 32 MINUTES 45 SECONDS WEST, 109. 96 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 59 DEGREES 57 MINUTES 33 SECONDS WEST, 187. 16 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 76 DEGREES 18 MINUTES 59 SECONDS WEST, 149.45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 41340"; THENCE SOUTH 28 DEGREES 28 MINUTES 04 SECONDS WEST, 174. 55 FEET; THENCE SOUTH 75 DEGREES 50 MINUTES 25 SECONDS WEST, 58.71 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 77 DEGREES 52 MINUTES 19 SECONDS WEST, 160. 87 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 484011; THENCE SOUTH 76 DEGREES 37 MINUTES 04 SECONDS WEST, 106.03 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 54 DEGREES 44 MINUTES 19 SECONDS WEST, 129. 11 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 62 DEGREES 21 MINUTES 18 SECONDS WEST, 80. 15 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 25 DEGREES 28 MINUTES 32 SECONDS WEST, 82. 88 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4640"; THENCE SOUTH 89 DEGREES 44 MINUTES 06 SECONDS WEST, 128. 11 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 15 DEGREES 03 MINUTES 21 SECONDS WEST, 131. 43 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 67 DEGREES 48 MINUTES 29 SECONDS WEST, 79. 37 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 75 DEGREES 13 MINUTES 36 SECONDS WEST, 101.87 FEET; THENCE NORTH 56 DEGREES 49 MINUTES 16 SECONDS WEST, 129. 17 FEET; THENCE NORTH 82 DEGREES 20 MINUTES 07 SECONDS WEST, 158. 22 FEET; THENCE SOUTH 84 DEGREES 34 MINUTES 27 SECONDS WEST, 105. 35 FEET; THENCE NORTH 75 DEGREES 20 MINUTES 28 SECONDS WEST, 72. 88 FEET; THENCE NORTH 20 DEGREES -' 27 MINUTES 01 SECONDS EAST, 147. 15 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH, 250. 00 FEET; THENCE WEST, 125.00 FEET; PAGE 9 EXHIBIT X Page of Transamerica Title Services 01-016 327 FIRST RATE SERVICE AT A FAIR PRICE � EXH 03�—O��» "cie 10 of d1k Am THENCE SOUTH 20 DEGREES 00 MINUTES 00 SECONDS WEST, 190. 08 FEET; THENCE NORTH 69 DEGREES 24 MINUTES 37 SECONDS WEST, 196. 16 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 43 DEGREES 02 MINUTES 15 SECONDS WEST, 400. 83 FEET; THENCE NORTH 64 DEGREES 47 MINUTES 37 SECONDS WEST, 201. 45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 52 DEGREES 40 MINUTES 06 SECONDS WEST, 165. 92 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 82 DEGREES 56 MINUTES 37 SECONDS WEST, 253. 14 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 50 DEGREES 45 MINUTES 03 SECONDS WEST, 160.98 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 58 DEGREES 04 MINUTES 19 SECONDS WEST, 113.31 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED ""LS 4840"; THENCE SOUTH 64 DEGREES 02 MINUTES 57 SECONDS WEST, 245.76 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 80 DEGREES 36 MINUTES 50 SECONDS WEST, 117.85 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 48401 ; THENCE SOUTH 67 DEGREES 48 MINUTES 50 SECONDS WEST, 204. 36 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH' 85' DEGREES 45 MINUTES 43 SECONDS WEST, 163. 84 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED •"LS 4840"; THENCE SOUTH 65 DEGREES 00 MINUTES 2.1 SECONDS WEST, 151. 81 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 89 DEGREES 57 MINUTES 16 SECONDS WEST, 60.78 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED '"LS 4840"; THENCE NORTH 82 DEGREES 52 MINUTES 38 SECONDS WEST, 73. 53 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 45 DEGREES 25 MINUTES 53 SECONDS WEST, 87. 44 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED 'ILS 484011; THENCE NORTH 84 DEGREES 53 MINUTES 52 SECONDS WEST, 66. 24 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 72 DEGREES 08 MINUTES 44 SECONDS WEST, 221.62 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 67 DEGREES 05 MINUTES 43 SECONDS WEST, 101. 01 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 44 DEGREES 10 MINUTES 46 SECONDS WEST, 237.25 FEET TO A POINT IN THE CENTER—LINE OF THE NORTHEASTERLY END OF A BRIDGE CROSSING PURISIMA CREEK; THENCE CROSSING SAID BRIDGE AND DOWN THE CENTERLINE OF AN EXISTING 8 FOOT WIDE DIRT ROAD SOUTH 52 DEGREES 20 MINUTES 33 SECONDS WEST, 142. 00 FEET; THENCE LEAVING SAID ROAD SOUTH 12 DEGREES 57 MINUTES 08 SECONDS WEST, 216.07 FEET TO A POINT IN THAT LINE OF A COMMON BOUNDARY LINE DESCRIBED IN AN AGREEMENT BETWEEN AUGUST CAFFERATA AND VIVIAN CAFFERATA, HIS WIFE, FIRST PARTIES, AND PURISIMA CANYON CO. , A PARTNERSHIP, SECOND PARTIES, DATED JANUARY 18, 1965 AND RECORDED MARCH 30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT PAGE 236 (FILE NO. 31936—Y), RECORDS OF SAN MATED COUNTY, CALIFORNIA; THENCE ALONG SAID AGREED COMMON BOUNDARY LINE, NORTH 79 DEGREES 12 MINUTES 48 SECONDS WEST, 150. 75 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7328" IN PURISIMA CREEK ROAD, FROM WHICH POINT A CONCRETE NAIL IN THE CENTER OF A CONCRETE BRIDGE OVER PURISIMA CREEK, SET TO MARK THE POINT OF BEGINNING DESCRIBED IN THE DEED FROM WILLIAM W. MC COY TO BENJAMIN G. LATHROP, RECORDED JULY 7, 1856 IN BOOK 1 OF DEEDS AT PAGE 1, RECORDS OF SAN MATED COUNTY, CALIFORNIA, BEARS NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST, 370. 00 FEET, SAID LAST MENTIONED POINT ALSO BEING THE SOUTHERLY' TERMINUS' OF THE COMMON BOUNDARY LINE BETWEEN' THE LANDS OF PURISIMA CANYON COMPANY AND THE LANDS OF JEAN B. EDWARDS AND RUTH J. BERND, AS DESCRIBED IN AGREEMENT DATED MARCH 2, 1965 AND RECORDED MARCH 30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT PAGE 233 PAGE 10 EXHISiT 21 W1 of Transamerica Title Services ib 27 FIRST RATE SERVICE AT A FAIR PRICE page of %q (FILE NO. 31935—Y), RECORDS OF SAN MATED COUNTY, CALIFORNIA; THENCE ALONG SAID COMMON BOUNDARY LINE, NORTH 1 DEGREES 05 MINUTES WEST, 66. 98 FEET TO AN ANGLE POINT IN THE CENTER LINE OF PURISIMA CREEK ROAD; THENCE CONTINUING ALONG SAID CENTER LINE, NORTH 25 DEGREES 04 MINUTES 00 SECONDS WEST, 162. 28 FEET; THENCE NORTH 9 DEGREES 35 MINUTES 00 SECONDS WEST, 58.00 FEET; AND THENCE NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST, 21. 09 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7328" FROM WHICH SAID CONCRETE NAIL IN THE CENTER OF SAID BRIDGE BEARS NORTH 14 DEGREES 43 MINUTES 02 SECONDS WEST, 68. 10 FEET; THENCE CONTINUING ALONG SAID CENTERLINE, NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST, 59. 92 FEET TO THE CENTERLINE OF COUNTY ROAD NO. 39; THENCE ALONG SAID CENTERLINE NORTH 75 DEGREES 46 MINUTES 00 SECONDS WEST, 26.72 FEET TO THE SAID CONCRETE NAIL IN THE CENTER OF THE CONCRETE BRIDGE OVER PURISIMA CREEK; THENCE LEAVING SAID LAST MENTIONED COMMON BOUNDARY LINE AND RUNNING ALONG THE SOUTHWESTERLY LINE OF LANDS QUITCLAIMED BY FLORINDA NELSON AND A. S. HATCH, ET AL, BY DEED RECORDED JUNE 10, 1927, IN BOOK 296 OF OFFICIAL RECORDS AT PAGE 440, RECORDS OF SAN MATED COUNTY, CALIFORNIA; THENCE NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST, 1126.91 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7328" SET ON THE NORTHERLY LINE OF LOT 1 OF THE SOUTHEAST 1/4 OF SECTION 2. TOWNSHIP 6 SOUTH, RANGE 5 WEST, DISTANT THEREON NORTH 89 DEGREES 49 MINUTES 12 SECONDS WEST, 528.00 FEET FROM THE LINE BETWEEN SAID SECTION 2 AND SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 89 DEGREES 49 MINUTES 12 SECONDS EAST, 528. 00 FEET TO SAID LINE BETWEEN SECTION 1 AND SECTION 2; THENCE NORTHERLY, ALONG SAID DIVIDING LINE, 2640 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LANDS, AS CONVEYED BY DEED FROM EDWARD J. HIGGINS AND LILLIAN C. HIGGINS, HUSBAND AND WIFE, TO CHARLES F. STEELE, SINGLE, DATED MAY 19, 1947 AND RECORDED MAY 23, 1947 IN BOOK 1366 OF OFFICIAL RECORDS AT PAGE 74, RECORDS OF SAN MATED COUNTY, CALIFORNIA. PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: I BEGINNING AT A POINT IN THE MERIDIAN LINE OF A ROAD KNOWN AS THE COUNTY FIRE WARDEN'S ROAD; SAID POINT OF BEGINNING BEING THE FOLLOWING COURSES AND DISTANCES, ALONG SAID MEDIAN LINE ROAD, FROM THE SOUTHWEST CORNER OF � LOT 47, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA MORENA WOODS, " FILED IN THE OFFICE OF THE RECORDER OF SAN MATED COUNTY ON DECEMBER 15, 1924 IN BOOK 12 OF MAPS AT PAGE 12; SOUTH 71 DEGREES 50 MINUTES WEST 157 FEET, SOUTH 24 DEGREES 08 MINUTES WEST 62 FEET, SOUTH 0 DEGREES 42 MINUTES WEST 150 FEET AND SOUTH 25 DEGREES 17 MINUTES WEST 57 FEET TO SAID POINT OF BEGINNING; THENCE CONTINUING ON AND ALONG SAID MEDIAN LINE, SOUTH 42 DEGREES 39 MINUTES WEST 134 FEET, SOUTH 31 DEGREES 26 MINUTES WEST 150 FEET, SOUTH 64 DEGREES 26 MINUTES WEST 75 FEET AND SOUTH 84 DEGREES 12 MINUTES WEST 162 FEET; THENCE LEAVING SAID MEDIAN LINE, NORTH 9 DEGREES 11 MINUTES WEST 210 FEET, NORTH 44 DEGREES 02 MINUTES EAST 315 FEET AND SOUTH 53 DEGREES 46 MINUTES EAST 267 FEET TO THE POINT OF BEGINNING. PAGE 11 IT_ I_ Page %6 of � Transamerica Tithe Services 03-01-0169327 FIRST RATE SERVICE AT A FAIR PRICE EXH I$I T 'age I'7► of ALSO EXCEPTING� THEREFROM THE FOLLOWING PROPERTY: 1. ALL THAT LAND IN SECTION 31, TOWNSHIP 5 SOUTH, RANGE 4 WEST, MOUNT DIABLO MERIDIAN AND BASELINE. 2. THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO MERIDIAN AND BASE LINE. ALSO EXCEPTING THEREFROM THE FOLLOWING: ALL OF LAND DESCRIBED IN THAT CERTAIN MEMORANDUM OF AGREEMENT FOR SALE ON REAL PROPERTY, RECORDED JUNE 10, 1975 IN VOLUME 6883, PAGE 436, SERIES NO. 57309—AI, SAN MATED COUNTY RECORDS, DESCRIBED AS FOLLOWS: A PORTION OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN. SAID PORTION BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LANDS OF EDWARD D. VALLERGA, AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 10, 1957 IN BOOK 331E OF OFFICIAL RECORDS OF SAN MATED COUNTY AT PAGE 699; THENCE ALONG THE NORTHEASTERLY LINE OF LAST SAID LANDS SOUTH 53 DEGREES 51 MINUTES 46 SECONDS EAST 265. 38 FEET (SOUTH 53 DEGREES 46 MINUTES EAST 267 FEET PER SAID DEED) TO A POINT ON THE COUNTY FIRE WARDEN'S ROAD); THENCE ALONG LAST SAID ROAD NORTH 25 DEGREES 17 MINUTES 00 SECONDS EAST 57.00 FEET AND NORTH 00 DEGREES 42 MINUTES 00 SECONDS EAST 54. 12 FEET; THENCE LEAVING LAST SAID LINE ALONG THE FOLLOWING COURSES: NORTH 53 DEGREES 51 MINUTES 46 SECONDS WEST 433. 72 FEET; SOUTH 36 DEGREES 08 MINUTES 14 SECONDS WEST 161. 20 FEET; SOUTH 24 DEGREES 38 MINUTES 59 SECONDS WEST 568.34 FEET; NORTH 83 DEGREES 12 MINUTES 05 SECONDS EAST 170. 82 FEET; SOUTH 83 DEGREES 31 MINUTES 41 SECONDS EAST 90. 49 FEET; TO THE SOUTHWEST CORNER OF SAID LANDS OF VALLERGA. i THENCE ALONG THE BOUNDARY OF LAST SAID LANDS NORTH 9 DEGREES 11 MINUTES 00 SECONDS WEST 210. 00 FEET TO A FOUND 3/4 INCH IRON PIPE MONUMENT; THENCE CONTINUING ALONG THE LAST SAID BOUNDARY NORTH 44 DEGREES 02 MINUTES 00 SECONDS EAST 312. 24 FEET (315 FEET PER SAID DEED) TO AN AXLE MARKING THE POINT OF BEGINNING. PARCEL II: PAGE 12 EXHIBIT Page of Transamerica Title Services V6 7 FIRST RATE SERVICE AT A FAIR PRICE 5t ,bass IS Of ILCI A NON—EXCLUSIVE EASEMENT FOR PUBLIC EQUESTRIAN/PEDESTRIAN ACCESS (AS SUCH USE MAY BE DETERMINED BY DISTRICT FROM TIME TO TIME, ) ARID VEHICULAR ACCESS SOLELY FOR DISTRICT, ITS OFFICERS, AGENTS, ND EMPLOYEES FOR PATROL AND MAINTENANCE PURPOSES OVER THE EXISTING PRIVATE ROAD EXTENDING FROM HARKINS' RIDGE TO PURISIMA ROAD (PRIVATE) AND THENCE CONTINUING OVER THE EXISTING PURISIMA ROAD (PRIVATE) TO THE PROPERTY AT HIGGINS—PURISIMA ROAD (PUBLIC. ) PARCEL III: THOSE CERTAIN EASEMENT RIGHTS AS CONTAINED IN THE AGREEMENT DATED JULY 15, 19B2, AND RECORDED JULY 20, 1982 UNDER SAN MATED COUNTY RECORDERS' SERIES NO. 82060934, EXECUTED BY AND BETWEEN RANCHO CANADA DE VERDE, INC. , ALAN HOSKING, DEALING WITH HIS SEPARATE PROPERTY, AND WILLIAM T. WILKINS, DEALING WITH HIS SEPARATE PROPERTY, DESCRIBED AS FOLLOWS: A NON—EXCLUSIVE EASEMENT 60 FEET WIDE FOR INGRESS, EGRESS, PUBLIC UTILITY, AND PUBLIC VEHICULAR PARKING, RUNNING FROM SKYLINE BOULEVARD LYING WITHIN THE SOUTH 1/2 OF THE SOUTH WEST 1/4 AND LOT 4 OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 4 WEST, WHICH EASEMENT WILL EXTEND 30 FEET EACH SIDE OF AND GENERALLY FOLLOWING THE EXISTING ROAD RUNNING WESTERLY FROM SKYLINE BOULEVARD FOR 450 FEET AND THENCE FROM THAT POINT NARROWING TO 40 FEET AND CONTINUING WESTWARDLY ALONG SAID EXISTING ROAD TO A POINT TO A POINT LOCATED APPROXIMATELY 1500 FEET FROM SKYLINE BOULEVARD WHERE IT INTERSECTS ANOTHER EXISTING ROAD AND THERE TURNING GENERALLY SOUTHWARD ONTO SAID EXISTING INTERSECTING ROAD AND CONTINUING GENERALLY SOUTHERLY TO THE POINT OF THAT ROADS INTERSECTION WITH THE SOUTH LINE OF SECTION 31, TOWNSHIP 6 SOUTH, RANGE 5 WEST, FOR INGRESS AND EGRESS OVER SAID 40 FOOT WIDE PORTION TO BE LIMITED TO VEHICULAR TRAFFIC FOR PATROL AND MAINTENANCE PURPOSES ONLY AND TO PUBLIC EQUESTRIAN, PEDESTRIAN, AND BICYCLE USE. ASSESSOR 'S PARCEL NOS. : 067-191-010; 067-191-020; 067-29-130; 067-320-210; 067-330-040; 067-330-050; 067-360-020; AND 067-360-040 04 THE DATE HEREOF EXMP71DNS TO COUERA£E IR ADDITION TO THE PRINTED EXCEPTIMS NO EXCLUSICAS CORTKNED IN M" POLICY FQRN NM D BE AS FILLM: ITEM: A. COUNTY TAXES, as follows: For Fiscal Year: 1983-84 First Installment: $206. 24 DELINQUENT i Penalty: $20. 62 Second Installment: $206. 24 PAYABLE Land Value: $35, 271. 00 Account No. : 067-191-010 Code Area No. : B7-013 PAGE 13 EXHIBIT Page okol Of Transamerica Title Services FIRST RATE SERVICE AT A FAIR PRICE G t33-01—C3169327 EXHIBIT ITEM: A. 01 pad@�0� ITEM: A. 02 COUNTY TAXES, as follows: For Fiscal Year: 1983-84 First Installment: $164. 25 DELINQUENT Penalty: $16. 25 . Second Installment: $164. 25 PAYABLE Land Value: $28, 090. 00 Account No. : 067-191-020 Code Area No. : 87-043 ITEM: A.03 ITEM: A.04 COUNTY TAXES, as follows: For Fiscal Year: 1983-84 First Installment: $1. 23 DELINQUENT Penalty: $. 12 Second Installment: $1. 23 PAYABLE Land Value: $211. 00 Account No. : 067-290-130 Code Area No. : 87-013 ITEM: A.05 ITEM: A. 06 COUNTY TAXES, as follows: it For Fiscal Year: 1983-84 First Installment: $54. 25 DELINQUENT Penalty: $5. 42 Second Installment: $54. 26 PAYABLE Land Value: $9, 279. 00 Account No. : 067-320-210 Code Area No. : 87-043 PAGE 14 EXHISiT J. age of%I Transamerica Title Services 03—Oi-0169327 'r FIRST RATE SERVICE AT A FAIR PRICE Paso 11 of ITEM: A. 07 ITEM: A.08 COUNTY TAXES, as follows: For Fiscal Year: 1983-84 First Installment: $1. 98 DELINQUENT Penalty: $. 19 Second Installment: $1. 98 PAYABLE Land Value: $340. 00 Account No. : 067-330-040 Code Area No. : 87-043 ITEM: A.09 ITEM: A. 10 j COUNTY TAXES, as follows: d For Fiscal Year: 1983-84 . First Installment: $106. 06 DELINQUENT Penalty: $10. 60 E Second Installment: $106. 06 PAYABLE Land Value: $18, 139. 00 Account No. : 067-330-050 Code Area No. : 87043 ITEM: A. 11 ITEM: A. 12 COUNTY TAXES, as follows: For Fiscal Year: 1983-84 First Installment: $154. 43 DELINQUENT Penalty: $15. 44 Second Installment: $154. 43 PAYABLE Land Value: $26, 410. 00 Account No. : 067-360-020 Code Area No. : 87-043 : a PAGE 15 E I IT pose of Transamerica Title Services 03-01-0169 27 FIRST RATE SERVICE AT A FAIR PRICE ENH B 61T Page jL& Of 4L41 ITEM: A. 13 ITEM: A. 14 COUNTY TAXES, as follows: For Fiscal Year: 1983-84 First Installment: $28. 52 DELINQUENT Penalty: $2. 85 Second Installment: $28. 52 PAYABLE Land Value: $4, 966. 00 Account No. : 067-360-040 Code Area No. : 87-057 ITEM: A. 15 ITEM: B. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498 STATUTES OF 1983 OF THE STATE OF CALIFORNIA. ITEM: 1. EASEMENT FOR ROAD PURPOSES OVER EXISTING ROADS. ITEM: 2. POSSIBLE EASEMENT FOR WATER COURSE OVER THAT PORTION OF SAID PROPERTY WHICH LIES WITHIN THE LINES OF CREEKS AND TO ANY CHANGES IN THE BOUNDARY LINES OF SAID CREEK, AS IT NOW EXISTS BY NATURAL CAUSES. ITEM: 3. "PRIVILEGE OF A ROAD 30 FEET WIDE AND RIGHT OF WAY FROM MILL OF SAID PARTY OF THE FIRST PART, UP TO THE LANDS HEREINABOVE CONVEYED, BUT NOT TO INTERFERE WITH THE LOG-WAY AROUND THE MILL", AS GRANTED BY N. C. LANE AND WIFE TO B. G. LATHROP, IN THEIR CONVEYANCE OF THE PARCEL OF LAND EXCEPTED FROM PROPERTY HEREIN, SAID DEED BEING DATED NOVEMBER 20, 1861, RECORDED DECEMBER 17, 1861, BOOK 3 OF DEEDS, PAGE 51, RECORDS OF SAN MATED COUNTY, CALIFORNIA. i PAGE 16 EXHIBIT age 040 of I, Transamerica Titre Services FIRST RATE SERVICE AT A FAIR PRICE Pa 03—01-0 1 69327 ofVA 4M . ITEM: 4. EASEMENT, and Incidents thereto, Granted to: PACIFIC GAS AND ELECTRIC COMPANY Recorded, Official Records: AUGUST 19, 1931 Book/Reel: 533 Page/Image: 253 Purpose: Pale line Affects: ASSESSOR 'S PARCEL NO. 067-191-010 i ITEM: 5. EASEMENT, and incidents thereto, Granted to: PACIFIC TELEPHONE AND TELEGRAPH COMPANY Recorded, Official Records: APRIL 13, 1949 Book/Reel: 1648 Page/Image: 407 Purpose: ANCHOR; POLE LINE AND APPURTENANCES Affects: ASSESSOR 'S PARCEL NO. 067-191-010 ITEM: 6. EASEMENT, and incidents thereto, Granted to: PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION Recorded, Official Records: JUNE 13, 1949 Book/Reel: 1674 Page/Image: 656 Purpose: Pole line Affects: ASSESSOR 'S PARCEL NO. 067-191-010 ITEM: 7. RESERVATION OF ALL MINERAL RIGHTS, ETC. AND COVENANTS AND CONDITIONS, AS CONTAINED IN DEED FROM FRANCES PRICE JR. , DENNIS G. KARZAG JOHN F. GILES AND GISELA H. MC GILL, AS EXECUTORS OF THE WILL OF WILLIAM ZIMDIN, DECEASED TO MAX A. ELFTMAN, DATED MARCH 25, 1952, RECORDED MARCH 25, 1952, BOOK 2221, PAGE 199, SERIES NO. 95716—J, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. RESERVES ALL MINERAL RIGHTS, ETC. IN A 285 ACRE PARCEL WITHIN PURISIMA RANCHO AND ALL MINERAL RIGHTS, ETC. IN AN UNDIVIDED 1/2 INTEREST IN THE FOLLOWING: THE FRACTIONAL SOUTH 1/2 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST; THE PORTION O ION F D THE PROPERTY DESCRIBED HEREIN IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 5 WEST; PAGE 17 EXH 10 IT i Transamerica Title Services FIRST 03-01-0169327 RATE SERVICE AT A FAIR PRICE � EXH I B Ipr PZ;a 1's of 204% THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST; THE FRACTIONAL SOUTH 1/2 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST; i THE PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN FRACTIONAL SECTIONS 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 4 WEST; THE 755 ACRE PARCEL WITHIN THE PURISIMA RANCHO. I NOTE: THE INTEREST OF FRANCIS PRICE JR. IN SAID MINERAL RIGHTS WAS QUITCLAIMED TO DENIS G. KARZAG, JOHN F. GILES, GISELLA H. MC GILL AND UNITED CALIFORNIA BANK, AS TRUSTEES UNDER THE WILL OF WILLIAM ZIMDIN BY TRUSTEE'S QUITCLAIM DEED DATED DECEMBER 29, 1965, RECORDED DECEMBER 31, 1965, BOOK 508B, PAGE 286, SERIES NO. 25189—Z, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. ITEM: B. RESERVATIONS CONTAINED IN DEED FROM ALVIN SCHUYLER HATCH TO MAX A. ELFTMAN, DATED JUNE 10, 1952, RECORDED JUNE 10, 1952. BOOK 2256, PAGE 84, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA, AS FOLLOWS: "RESERVING, HOWEVER, UNTO GRANTOR, HIS HEIRS OR ASSIGNS, THE RIGHT TO TAKE WATER FROM THE ABOVE DESCRIBED PROPERTY IN SUFFICIENT QUANTITIES TO SUPPLY ANY PRESENT OR FUTURE NEEDS OF THE RESIDENTS OR PROPERTY OWNERS OF KING'S MOUNTAIN PARK, SAN MATEO COUNTY, CALIFORNIA, AND /OR THE I .. PURCHASERS OF WATER FROM THE KING'S MOUNTAIN WATER COMPANY, A CALIFORNIA CORPORATION AND FURTHER RESERVING TO THE GRANTOR, HIS HEIRS OR ASSIGNS, ALL RIPARIAN RIGHTS, ALSO RESERVING THE RIGHT TO MAINTAIN AND OPERATE THE EXISTING WATER SYSTEM, AND RESERVING AN EASEMENT FOR A RIGHT OF WAY 10 FEET ON EITHER SIDE OF SAID EXISTING WATER SYSTEM, AND PIPES AND ELECTRIC LINES FOR THE MAINTENANCE, REPAIR, REPLACEMENT AND OPERATION'S OF SAME; AND FURTHER RESERVING AN EASEMENT IN THE EXISTING ROAD NOW RUNNING FROM SAID KING'S MOUNTAIN PARK THROUGH THE ABOVE DESCRIBED PROPERTY, AND USED IN THE REPAIR, OPERATION AND MAINTENANCE OF SAID WATER SYSTEM. " ITEM: 8.01 THE ABOVE ITEM AFFECTS: ASSESSOR 'S PARCEL NO. 067-191-010 ITEM: 9. RESERVATION OF MINERAL RIGHTS, ETC. AND COVENANTS AND CONDITIONS, AS CONTAINED IN DEED FROM R. CLARENCE OGDEN AND DON CARLOS BARRETT, TO OSCAR ELFTMAN, DATED OCTOBER 10, 1952, RECORDED NOVEMBER 6, 1952, BOOK 2322, PAGE 145, SERIES NO. 40426—K, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. AFFECTS AN UNDIVIDED 1/2 INTEREST IN THE FOLLOWING: PAGE 18EXHIBIT Pe t Of Transamerica Title Services FIRST RATE SERVICE AT A FAIR PRICE 03-01-016 27 EXHIBIT js_pf W-10M.4-0 THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST; THE FRACTIONAL SOUTH 1/2 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST; THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN FRACTIONAL SECTIONS 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 4 WEST. ITEM: 10. RESERVATION CONTAINED IN DEED FROM LAWRENCE ALEXANDER AND GERTRUDE ALEXANDER, HIS WIFE, TO OSCAR F. ZEBAL AND AGNES L. ZEBAL, HIS WIFE, DATED SEPTEMBER 6, 1956, RECORDED OCTOBER 5, 1956, BOOK 3107, PAGE 391, SERIES NO. 93760-N, OFFICIAL RECORDS OF SAN MATED COUNTY, CALIFORNIA, WHICH DEED RECITES AS FOLLOWS: "EXCEPTING FROM THIS CONVEYANCE AND RESERVING TO THE GRANTOR, ONE-HALF OF PART OF THE OIL, MINERAL AND GAS IN THE SAID LANDS AND PREMISES". AFFECTS THE NORTHWEST 1/4 AND PORTION OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST. ITEM: 11. MEMORANDUM OF CONTRACT DATED MAY 20, 1974 BETWEEN RANCHO CANADA DE VERDE, INC. , AND ALAN HOSKING, AS SELLER AND LOUISIANA-PACIFIC CORPORATION, AS BUYER, AS DISCLOSED BY MEMORANDOUM OF CONTRACT, RECORDED NOVEMBER 15, 1974, BOOK 6737, PAGE 114, SERIES NO. 953-AI, OFFICIAL RECORDS OF SAN MATED COUNTY, CALIFORNIA. ITEM: 11. 01 THE SELLER 'S INTEREST IN SAID AGREEMENT HAS BEEN ASSIGNED TO THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, A NEW JERSEY CORPORATION BY INSTRUMENT RECORDED FEBRUARY 28, 1977 IN BOOK 7392, PAGE 681, SERIES NO. 8608E-AK, OFFICIAL RECORDS. ITEM: 11. 02 PARTIAL RELEASE OF ASSIGNMENT OF INTEREST IN TIMBER PURCHASE CONTRACT, RECORDED AUGUST 6, 1982 AS SERIES NO. 82067170, SAN MATED COUNTY RECORDS. ITEM: 11. 03 PARTIAL .RELINQUISHMENT AS TO OTHER PROPERTY OF MEMORANDUM OF CONTRACT SHOWN AS ITEM NO. 11 HEREIN, BY QUITCLAIM DEED RECORDED AUGUST 6, 1982 AS SERIES NO. 82067174, SAN MATED COUNTY RECORDS. I i PAGE 19 EXHIBIT pale. 4%1 Of Transamerica Title Services FIRST RATE SERVICE AT A FAIR PRICE\ 03-01-0169327 EXHIBIT _AA _ ITEM: 12. '+■�—i,�, DEED OF TRUST for the original amount shown below, and any other amounts payable under the terms thereof. Original Amount: $1, 500, 000. 00 Dated: FEBRUARY 22, 1977 Recorded, Official Records: FEBRUARY 28, 1977 Book/Reel: 7392 Page/Image: 665 Series/Instrument No. : 86087—AK Trustor: WILLIAM T. WILKINS# AS HIS SOLE AND SEPARATE PROPERTY Trustee: WESTERN TITLE INSURANCE COMPANY Beneficiary: THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, A CORPORATION ITEM: 12. 01 THE ABOVE ITEM affects this and other property. ITEM: 12. 02 REQUEST for notice of default and notice of sale under said deed of trust. Recorded Official Records: MAY 19, 1980 Book/Reel: 7946 Page/Image: 338 Series/Instrument No. : 29845AP j Mail to: RANCHO CANADA DE VERDE, INC. Address: 16062 SKYLINE, WOODSIDE, CA 94062 ITEM: 12. 03 SUBSTITUTION OF TRUSTEE under said deed of trust. r Recorded, Official Records: AUGUST 6, 1982 Series/Instrument No. : 82067171 New Trustee: TRANSAMERICA TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION ITEM: 12. 04 SAID DEED OF TRUST HAS BEEN PARTIALLY RECONVEYED AS TO OTHER PROPERTY NOT COVERED BY THIS REPORT BY INSTRUMENT RECORDED AUGUST 6, 1982 AS SERIES NO. 82067172, SAN MATED COUNTY OFFICIAL RECORDS. PAGE 20 EXH1131T Page 4VA of Transamerica - Title Services i FIRST RATE SERVICE AT A FAIR PRICE . 03-01-016932.7 EXHIBIT of ITEM: 12. 05 ----�-• AN AGREEMENT, ; I Agreement Type: MODIFICATION AGREEMENT Dated: JULY 1, 1982 Executed by: WILLIAM T. WILKINS AND THE PRUDENTIAL INSURANCE COMPANY OF AMERICA Recorded, Official Records: AUGUST 6, 1982 Series/Instrument No. : 82067173 i ITEM: 13. AGREEMENT on the terms and conditions contained therein. Purpose: ROYALTY AGREEMENT Dated: MARCH 31, 1977 Executed by: WILLIAM T. WILKINS Recorded, Official Records: AUGUST 19, 1977 Book/Reel: 7580 Page/Image: 580 Series/Instrument No. : 63096AL Location: THIS AND OTHER PROPERTY I ITEM: 14. AGREEMENT on the terms and conditions contained therein. Purpose: MEMORANDUM OF TIMBER PURCHASE CONTRACT Dated: DECEMBER 7, 1979 Executed by: LOUISIANA—PACIFIC CORPORATION AND WILLIAM T. WILKINS Recorded, Official Records: DECEMBER 21, 1979 Book/Reel: 7925 Page/Image: 048 Series/Instrument No. : 089SAP I I TEM: 14. 01 THE ABOVE ITEM affects this and other property. ITEM: 14. 02 PARTIAL RELINQUISHMENT AS TO OTHER PROPERTY OF MEMORANDUM OF CONTRACT SHOWN AS ITEM NO. 14 HEREIN, BY QUITCLAIM DEED RECORDED AUGUST 6, 1982 AS SERIES NO. 82067174, SAN MATED COUNTY RECORDS. PAGE 21 EXHIBIT Paqe,..:�O % Transamerica Title Services FIRST RATE SERVICE AT A FAIR PRICE' 03-01-01693 �.�a�lldT Pa-0jof ITEM: 15. AGREEMENT on the terms and conditions contained therein. Purpose: MEMORANDUM OF TIMBER PURCHASE CONTRACT Dated: NOVEMBER 30, 1979 Executed by: LOUISIANA—PACIFIC CORPORATION AND WILLIAM T. WILKINS Recorded, Official Records: DECEMBER 21, 1979 Book/Reel: 7925 Page/Image: - 052 Series/Instrument No. : 0899AP ITEM: 15. 01 THE ABOVE ITEM affects this and other property. ITEM: 15.02 PARTIAL RELINQUISHMENT AS TO OTHER PROPERTY MEMORANDUM OF CONTRACT SHOWN AS ITEM NO. 15 HEREIN, BY QUITCLAIM DEED RECORDED AUGUST 6, 19B2 AS SERIES NO. 82067174, SAN MATED COUNTY RECORDS. ITEM: 16. AGREEMENT on the terms and conditions contained therein. Purpose: LICENSE AGREEMENT Dated: MARCH 1, 1980 Executed by: WILLIAM T. WILKINS AND LEE R. HAXTHAUSEN Recorded, Official Records: APRIL 22, 1980 Book/Reel : 7954 Page/Image: 1845 Series/Instrument No. : 41618AP LOCATION: ON LICENSOR'S BOUNDARY LINE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION B, TOWNSHIP 6 SOUTH, RANGE 4 WEST, ALTHOUGH THIS DESCRIPTION MAY NOT BE ENTIRELY ACCURATE. PAGE 22 EXHIBIT Z Page 3f of ',� i Transamerica Title Services 03-01-0169 7 FIRST RATE SERVICE AT A FAIR PRICE ' ` EXHI3I pie 1 of I TEM: 17. AGREEMENT on the terms and conditions contained therein. Purpose: MEMORANDUM OF TIMBER PURCHASE CONTRACT Dated: OCTOBER 21, 1980 Executed by: WILLIAM WILKINS AND LOUISIANA—PACIFIC COMPANY Recorded, Official Records: DECEMBER 17, 19BO Book/Reel: 8016 Page/Image: 1073 Series/Instrument No. : 25424AR ITEM: 17. 01 THE ABOVE ITEM affects this and other property. ITEM: 17. 02 PARTIAL RELINQUISHMENT AS TO OTHER PROPERTY OF MEMORANDUM OF CONTRACT SHOWN AS ITEM NO. 17 HEREIN, BY QUITCLAIM DEED RECORDED AUGUST 6, 1982 AS SERIES NO. 82067174, SAN MATED COUNTY RECORDS. ITEM: 18. EASEMENT, and incidents thereto, Granted to: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT Recorded, Official Records: AUGUST 6, 1982 Series/Instrument No. : 82067175 PURPOSE: A NON—EXCLUSIVE EASEMENT FOR PUBLIC EQUESTRIAN/PEDESTRIAN ACCESS (AS SUCH USE MAY BE DETERMINED BY DISTRICT FROM TIME TO TIME), AND VEHICULAR ACCESS SOLELY FOR DISTRICT, ITS OFFICERS, AGENTS AND EMPLOYEES FOR PATROL AND MAINTENANCE. AFFECTS: OVER THE EXISTING PRIVATE ROAD EXTENDING FROM HARKINS' RIDGE TO PURISIMA ROAD (PRIVATE) AND THENCE CONTINUING OVER THE EXISTING PURISIMA ROAD (PRIVATE) TO THE PROPERTY AT HIGGINS—PURISIMA ROAD (PUBLIC). PAGE 23 EXHIBIT .i. Page'32 of 41% '1 Transamerica Title Services FIRST-RATE SERVICE AT A FAIR PRICE� 01-0169327 ;�.47-cz d1k Am I ITEM: 19. ACTION PENDING Defendant: WILLIAM T. WILKINS AND DOES ONE THROUGH FIFTY, INCLUSIVE For: TO FORCLOSE ON AN EQUITABLE MORTGAGE AND FOR DECLARATION THEREON Notice Recorded, Official Records: JULY 11, 1983 Series/Instrument No. : 83070532 Case No. : 276441 Court: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Plaintiff: THE ALAN HOSKING RANCH, INC. , Plaintiff's Attorney: CLIFFORD ROSS CHERNICK, A PROFESSIONAL CORPORATION Address: 770 MENLO AVENUE, SUITE 101, MENLO PARK, CA 94025 i ITEM: 20. ANY INSUFFICIENCY IN THE LEGAL DESCRIPTION CONTAINED HEREIN THAT A VALID SURVEY WOULD DISCLOSE. UNIESS Sit IN THE 10Y OF THIS PRELIMINARY REPORT TKRE APPEARS OF RECORD No TRANSFERS OR A;REEjExTS To TRARVER THE LAND DESCRIED HEREIN RECORDED DURING THE PERIL OF SIX 1109IiS PRIR TO THE DATE OF THIS REPORT, EXCEPT AS FMLW: NONE SHORT TERM RATE DOES NOT APPLY i PAGE 24 EXHIBIT Page 0 � I AA J/t/t / ONJS a01S1S1�DJ �0/SOOOM L,,Its M-9p.01.00 , ir goo �,;•. • 'J6 art ,♦/M r wa/ f y. L,J I.Ifr l ''(D ''�•y .r,Irt e� to fit Am.tl�ltl , '�'� '? •N; .y�•1i , ti 0 ,IJHI II,11.119 L �r• 1 .•Ni~• .MINA s" p i r t fn Ul `r f�cm f o L hiq i L tn LJ f! J,.y• �S A'r \11ilj.trnt ! {P� .•1 btu + .(r too, La 96. 1 Y ,/► �/y N �.r•N cud , ' I Rf ; • • 4 SP 1 t�L/Ll�t'% ../ r ♦kL` 1 ;�� f �f + a, �'ri � Nit 61 ♦ lrwl i J , a 261 J �•4 ' � -w•u7 4 -.fit alp,a.Ls J '.'♦ Wu �L7 I• w�,lt •I•tl �►r� �� � 1 1 � 41, ••.q •va • 1 j ' -rsn Y s \� 1 � � 1 1 .•,rsl }, 0 3I f 0 1 owl r •r/u a .� 6 f J •un .�i♦j ��t`�/r•/l � rf Alf 4tI ! �. - ._.. ._- - j t: .. ... ... ..... . .._.� ..• .,. ._.. .... . ... .y.+_.,......_....-.ram. _.../ O ?J I TAX CODE AREA oil 06 1. Du /T � It Ff it it t o `fit .r i •y., A r .rn. La .� W ° 2 CABRILLO UN/f/£d $CWO'L DISTRICT e3e TAX CODE AREA N J! 67 -32 JO n nu War ii7i' — il naN NO •1 '` is4rom ... is I I rfr✓.. or i I � r.,'p.f tfr' 1 � I , 1 11 r - 11 I to LLI � �11 1; . 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LOCArOM lrLJI►IOM �\\ C I .l.7 rv,J•w• r -� a.• CIAN •DA v � CREEK ��•�ti Vatr•r wad \` Jla•al.M •a OR, Iu••r r /a7• • wl•••IY NH• .tfl•Jow leis,' �• JJl.40 W.q' gx� ,•Nr ••1.1• z2 O •�� 3 J,••J. JWSJ' KIMJeyN•a M' V r w•.Y 9"r Apeow Ole • �w JJ!•uY as J• •a/ !a•V all m eM• M••1 M' !� wn•I!L /ISM ! IL, Z Jaa•ur u, to =•rq•� ' ��3 L 3' � S � J/nr•y nr' mil-as •a• x 3sJou � f -w�-wsovs'r r,..• i �its R � _� �� � a � i a `� ati wr,.•fee Q I/LOrNOs • • ► ` •iJtFSSOR'i N.v covxrY of SAN urrtol cAur . " CAMILLO UN/F/ED SCHOOL O/STRICT ew Q C•: �f Site Map r� Skyline Blvd. AND rr �. ... ::•: San Carlos ' WHITTEMORE GULCH REDWOODS � -j11 4 Z Re .{ (�(�JQs -i-' 1 _,.1, i. \ Cryfn rli� � iGsu.rr� r ,a +�� \':�}:•: `f{r OPEN SPACE.PRESERVE _ O OAM E rernr c vG�Cti-•�`. -:/� House, Hall Mann Bay REfWE Sox 4 0 0 9:::•::•? Scale 1" 2000' North • Menlo P :i •� .•'� �i f rawwas C` 3 •b x" T S, _ .? ••�.� �� � - - � — <r.. _�. C�Par �n _ �,,a. ��.. � � w�aa e � � I1I) `,`_/" ���'ti".i:•+-i»+';t:,' '.•i?.1'. ` r 6 / a� *• 6 au1 :•:� -` :' I. �/.l=\�-___� � /i! .''r.'}7: �.4." '. �� \� —/ .N 'e� }0. �- wr[�11. ('•tircrn•JI.L i1 6 11 �� l.k I::Y:•:ti a �. xx .,hw l 1 8 1 0 N r e a a Port of x a L I J M OS.4i4• - r .;k:•: — ��.. 1 ,1 V. S •:fi:' •� `� s t r Va e y r,• •1 xx 9. 'I { +o m M ..� oa Unitas P :.. - l Wy� o 0 % .,.ram` �� �. :!�rAJ'•.' :}�>'v...'•t�:• .{�.'.,+• ��� • i�•�J Y: i: �fPJ X. i..:r. ./� .y k• _ - 1 $ �►1V% — Easemen Bri dge __ .. Higgins-Purisima :{ ) ( \\ate (. 1- � rye} �� �•` 1. (- '�. \_. Prop d 1W j Acquisition J .. S(MA u�, �. s l•,.;;.., _ A.Life �40 _ ccess �.:Estate I � - _ \ �-�, A Road �JyN �l/, a►�G err ew 4 ;s- •I� tll l�J/!,' `�. -� -- "e00 ab�,l>�r1� /�.�•l._• ,, t { ed. -' ' '" �r , ,e- J�i, A vI .a p ��;- .14 s .11 / �ll�\T v`�j� "?l�� vr!' ��� p f • ��'�t �'i'a :y? ;O -r� = - JJ rl 1,T�✓ 1„I '4. - '{r. .� \\`\.i i '�i' ..� `> pM �i ;! 1� ,/. '1/��I toy tj NA KA r' : .a N -rcr::::::::.• r nc Au lo OF fj OF le 00 UO r L •r 00 00 _ 1RIECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name Midpeminsula Regional open Street Space District Address 375 Didtel Circle, Suite D-1 "�t.,ty. 0s Altos, CA 94022 Zip L=n: L. Craig Britton SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST AND ASSIGNMENT OF RENTS (ACCELERATION CLAUSE) (Escrow No_03-10.1-01.WV7 This Deed of Trust Made this.......24th day of... ...................................... ........ 84 WILLEM4 T. WS........ai's'......his I s............................day ........*......... ....................... 19........Betwee.n................................................._................................separate 3.��. . ........ ................__........................................................ ..................................................................................................................................................._...................................................herein called TRUSTOR, whose address is.........j?j7_jTAjzi ...H i j Q p ...T...V_w. ...7.7.0.02.......................................................................................................... (Number and Street) (City) (Zone) (state) TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and......._....._.._.....___---------------- MIDPENINSULA REGICNAL OPEN SPACE DISTRICT, ..............................I.......................................... ................. ........4 . .................................................. ------------------------____...................................................... .......................................................................___ herein called BENEFICIARY, Witnesseth: That Trustor irrevocably GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST WITH POWER OF SALE, that real property in the-.,_...___........-__-.........................................................County of------$?M.-M.tQ0.......................................State of California,described as: BEING AM OF THE LANDS of William T. Wilkins (Deed recorded February 28, 1977 at Vol. 7392 Page 634 Official Records) lying Northerly of the North line of Rancho Canada de Verde Y Arroyo de las Purisima in Section 1, Township 6 South, Range 5 West and Section 6, Township 6 South, Range 4 West, Mount Diablo Base and Meridan. EXCEPTING THEREFROM all the lands conveyed by William T. Wilkins to Midpeninsula Regional Open Space District, a public district by Grant Deed dated July 29th, 1982 and recorded August 6, 1982, Serial No. 82067175 of official records of the Office of the County Recorder of San Mateo County. This Deed of Trust shall be second and subordinate to that certain Deed of Trust in favor of the Prudential Insurance Ccupany of Am-rica, dated February 22, 1977, and recorded February 28, 1977, in Book 7392 at Page 665, San Mateo County Official Records. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by Paragraph 5 of Part B of the provisions incorporated herein by reference to collect and apply such rents, issues and profits, FOR THE PURPOSE OF SECURING payment of indebtedness evidenced by a promissory note, of even date herewith, executed by Trustor in the sum of ---------------------------------------- ..........Dollars (s...3.7.5,_QQ.Q_,_QQ----- -----------------any additional sums and interest thereon which may hereafter be loaned to the Trustor or his successors or assigns by the Beneficiary, and the perform- ance of each agreement herein contained. Additional loans hereafter made and interest thereon shall be secured by this Deed of Trusronly if made to the Trustor while he is the owner of record of his present interest in said property, or to his successors or assigns while they are the owners of record thereof,and shall be evidenced by a promissory note reciting that it is secured by this Deed of Trust. If the trustor shall convey or alienate said property or any part thereof or any interest therein or shall be divested of his title in any manner or way,whether voluntary or involuntary any indebtedness or obligation secured hereby, irrespective of the maturity date expressed in any note evidencing the same,at the option of the holder hereof and without demand or notice shall become due and payable immediately. BY THE EXECUTION AND DELIVERY OF THIS DEED OF TRUST and the note secured hereby the parties hereto agree that there are adopted and included herein for any and all purposes by reference as though the same were written in full herein the provisions of Section A, including paragraphs I through 6 thereof, and of Section B, including paragraphs I through 14 thereof, of that certain fictitious Deed of Trust recorded in the official records in the offices of the County Recorders of the following counties of the State of California on June 24, 1964, unless otherwise indicated by * or in the reels and images, or books and pages designated after the name of each county: REEL IMAGE REEL IMAGE REEL IMAGE REEL IMAGE REEL IMAGE COUNTY (800K)(PAGE) COUNTY (ROOK)(PAGE) COUNTY (ROOK)(PAGE) COUNTY (BOOK)(PAGE) COUNTY (BOOK)(PAGE) Alameda 1240 748 *Imperial 1186 330 **Modoc 190 443 *San Diego See Note Sonoma 2054 392 **Alpine 2 468 *Inyo 164 645 *Mono 68 401 San Francisco A779 328 Stanislaus 1956 520 Amador 131 427 Kern 3738 710 Monterey 335 382 San Joaquin 2836 313 Sutter 652 252 Butte 1320 590 Kings 855 973 Napa 701 190 San Luis Obispo 1303 339 Tehama 454 597 Calaveras 183 62 Lake 431 195 Nevada 359 239 San Mateo 4738 474 Trinity 108 179 Cola. 122 254 *Lassen 190 520 *Orange 7104 531 *Santa Barbara 2056 1120 Tulare 2516 518 Contra Costa 4645 442 Los Angeles T3770 85 Placer 1020 84 Santa Clara 6554 126 *Tuolumne 174 349 Del Norte 100 35 Madera 906 449 Plumas 166 377 Santa Cruz 1626 256 *Ventura 2569 494 El Dorado 695 663 Marin 1828 333 *Riverside 3730 384 Shasta 793 479 Yolo 763 159 Fresno 5026 525 Mariposa 89 589 Sacramento 4995 786 *Sierra 37 474 Yuba 595 641 Glenn 467 189 *Mendocino 662 593 San Benito 299 128 *Siskiyou 504 665 *Humboldt 793 510 Merced 1655 175 *San Bernardino 6177 565 Solano 1277 522 *June 25, 1964; **June 26, 1964;Note: File Page 114679.Series 5.Book 1964 A copy of said provisions so adopted and included herein by reference is set forth on the reverse hereof. THE UNDERSIGNED TRUSTOR REQUESTS THAT A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE HEREUNDER BE MAILED TO HIM AT HIS ADDRESS HEREINBEFORE SET FORTH. Signature of Trustor ...................................................................___............ ...... ............................................;.....................................................---------- William T. Wilkins ..................................................................... ........I-........ ..........I..........._................................................................. STATE OF CALIFORNIA On.............................................. 19........... before me, the undersigned, a Notary Public in and for said SS. County and State, personally appeared................... .......................... COUNTYOF..................... ...................................... proved to me on the basis of satisfactory evidence to be the person......—_ whose name................................................subscribed to this instrument,and acknowledged ro to me that..........he..........executed the same. 6 EXHIBIT Z E Notary's Signature..........................__............. P391 DO NOT RECORD A. To protect the security of this Deed of , Trustor agrees: I. To keep said property in good condition and repair;not to remove or demolish any buildings thereon;to complete or restore promptly and in good and workmanlike manner any ;building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor;to coWply with all laws affecting :said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof;not to commit, suffer or permit any act upon said property in violation of taw; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific --enumerations herein not excluding the general. Notwithstanding the above, it is expressly agreed and understood by the parties that Trustor has the right to harvest timber on said Property. 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary,or Trustee; and to pal all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed. 4. To pay; at least ten days before delinquency all taxes and assessments affecting: said property, including assessments on appurtenant water stock; w1en due, all ineumbrances, charges and liens,with interest,on said rroperty or any part thereof,which appear to be prior or superior hereto;all costs, fees and expenses of this TrLst. 5. To par immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof at the same rate as is pros:ccd for in the note secured by this Deed of Trust or at the rate of seven per cent per annum whichever be the greater rate with interest from date of expendirire. 6.Should Trustor fail to make payment or to do any act as_herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may; make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof,Beneficiary or Trustee being authorized to enter upon said property for such purposes;appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior of superior hereto;and, in exercising any such powers, pay necessary expenses,employ counsel and pay his reasonable fees. B. It is mutually agreed that: 1. Any award of damages in connection with any such taking or condemnation,or for injury to the property by reason of public use,or for damages f,>r private trespass or injury thereto, is ass.gned and shall he paid to Beneficiary as further security for all obligations secured hereby (reserving unto the Trustor,however,the right to sue therefor and the owner- ship thereof subject to this deed of trust),and upon receipt of such moneys Beneficiary may hold the same as such further security, or apply or release the sage in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2. By accepting payment of ar.y sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3. At am time or from time to time, and without notice,upon written request of Beneficiary and presentation of this Deed of Trust and said note for endorsement, and without liability therefor, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, and without affecting the security hereof for the fall amount secured hereby on all property remaining subject hereto,and without the necessity that any sum representing the value or any portion thereof of t=e property affected by the Trustee's action be credited on the indebtedness,the Trustee may: (a) reconvey all or any part of said property; (b) consent to the making and recording,or tither,of any map or plat of the property or any part thereof; (c) join in granting any easement thereon: (d) join in or consent to any extension agreement or any agreement subordinating the lien,encumbrance or charge hereof. 4. Upon written request of the Beneficiary, and upon surrender of this Deed of Trust and all notes secured hereby to the Trustee for cancellation, and upon payment of its fees and charges,the Trustee shall reconvey,without warranty, the property then subject hereto. Any reconveyance,whether full or partial,may be made in term to"the person or persons legally entitled thereto." 5. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right,prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement here• under, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default.Beneficiary may at any time without notice,either in person,by agent or by a receiver to be appointed by a court, and without regard to the adequacy of any secunry for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof,in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same. less costs and expenses of operation and collection,including reasonable attorney's fees,upon any indebtedness secured hereby,and in such order as Beneficiary may determine_The entering upon and taking possession of said property,the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default here- under or invalidate any act done pursuant to such notice. 6. Upon default by Trustor in payment of any indebtedness secured hereby or it.the performance of any agreement hereunder, all sums secured hereby shall immediately become due and payable at the option of Beneficiary and without notice to Trustor. In such event and upon written request of Beneficiary,the Trustee shall sell,for lawful money of the United States, the property then subject to this deed of trust, as a whole or in separate parcels, at Beneficiary's option, in accordance with the provisions of the laws of the State of California in force at the time of such sale, and if in separate parcels, in such order as Beneficiary may direct, at public auction to the highest bidder for cash in lawful money of the United States,payable at the time of sale.Trustee may postpone the sale of all or any portion of said property by public oral announcement at the time and place of sale,sad from time to time thereafter may postpone such sale by public oral announcement at the time fixed by the preceding postponement. After deducting all costs,fees and expenses of Trustee and of this trust,including cost of evidence of title and reasonable counsel fees in connection with sale.Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof,not then repaid,with accrued interest at seven per cent per annum;all other sums then secured hereby,and the remainder,if any,to the person or persons legally entitled thereto. T. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs,legatees,devisets, administrators,executors,successors and assigns.The term Beneficiary shall mean the holder and owner, including pledgee,of the note secured hereby, whether or not named as a beneficiary herein, or, if the note has been pledged,the pledgee thereof. In this Deed,whenever the context so requires,the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. S. Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law.Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. 9. Beneficiary may from time to time,by a writing signed and acknowledged by Beneficiary and recorded in the office of the County Recorder of the County or respective Counties in which the property subject hereto is, or the respective parcels thereof are, situated. appoint another trustee in place and stead of Trustee herein named.and thereupon the Trustee herein named shall be discharged and the trustee so appointed shall be substituted as Trustee hereunder with the same force and effect as if originally named Trustee herein. .. 10. No power or remedy herein conferred is exclusive of,or shalt prejudice any other power or remedy of the Trustee or Beneficiary given by law.Each such power or remedy may be exercised from time to time as often as deemed necessary. 11. The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authoriity hereof or in the exercise of its powers or the performance of its duties under this deed of trust,shall be conclusive evidence of their truth, and binding and conclusive upon the Trustor, his heirs, executors, administrators, successors and assigns, and all other persons: whether stated as specific and particular facts,or in general statements or conclusions. 12. If any action be brought for the foreclosure of this deed of trust, Trustor agrees to pay to Beneficiary or Trustee (whichever may be the plaintiff in the foreclosure action), .,such reasonable sum as counsel fees as the Court may fix and award in such action, together with a reasonable fee to the Trustee,to be fixed by the Courr, and all sums paid or incurred for procuring a search or searches of title to any property covered hereby subsequent to the execution hereof; and all such sums shall be secured hereby. 13. If two or more persons be designated as Trustee herein, any. or all, power granted herein to Trustee may be exercised by any of such persons, if the other person or persons are unable, for any reason, to act and any recital of such inability in any instrument executed by any of such persons shall be conclusive against Trustor,his heirs and assigns. 14. The Beneficiary hereunder shall be entitled to a fee for any statement, regarding the obligation, requested by the Trustor or requested at Trustor's direction which fee shall not exceed the amount provided for in Civil Code Section 2954 at the date of such request. DO NOT RECORD To obtain either a partial Reconveyance or a Subordination Agreement,this Deed of Trust,together with the note secured hereby,must be presented to the Trustee for endorsement, accompanied by either a Request for Partial Reconveyance or a Subordination Agreement,as the case may be, and Trustee's fee. To obtain a full Reconveyance of this Deed of Trust, present to the Trustee this request properly executed, the Deed of Trust,the original note secured by said Deed of Trust and any other evidence of indebtedness secured thereby,together with reconveyance fee. REQUEST FOR FULL RECONVEYANCE To the Trustee. Dated: The undersigned is the legal owner and holder of the note in the amount of S_.............................and all other indebtedness secured by the foregoing Deed of Trust,which was recorded in Book....................Page..............__of............................Official Records of the------------—----------___w_.__. ...•---•----•--••••--•-•..............................................................................County of...................................................................... .................................................................................I......................_......-..............---.........._.................................._..........................----------•---•-_._..... You are hereby notified that said note and all other sums and indebtedness secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed upon surrender to you of said note, Deed of Trust, and evidence of any other indebtedness secured thereby,for cancellation and retention,and upon payment to you of any sums owing to you under the terms of said Deed of Trust,to reconvey, without warranty,to"the person or persons legally entitled thereto," the estate now held by you thereunder. Mail reconveyance to this address: ...............................:.................................................................................. Signed:............................_.........................................__.._......_ -_.___..... Receivedreconveyance:................. ..................................................... Signed:..................................................---•-.........._ —----------------•---- 0 md o Q C 0 0 U qi f Z c 3: •y,•V m am U e A m $ Oicc E 7 0 ,CO O p� Z p l Ue tiii V > p ao O= 00 > cO U: 00Uj C C O C O on Qw a M. y>C>crom Q1 v O c ea� aFc No »i°oo a 2 UTo v 1 4o� ¢ o d ifi ° tE 2 > r x Emm mc -6 ` o to y � o > LL I n Qocyo a>; 5 OZ t WLL ' �� n Z 3: (nU N Za p Q 7 m m co t ca io Ao JnO in H 1 t T N p W W 0 co (otD0 to page w of I BIT Page I—Of DEVELOPMENT RESTRICTION AND DESIGN REVIEVI FOR THE RESERVED LIFE ESTATE 1. GRNNTOR covenants and agrees for itself and its successors and assigns that GRANTOR, its successor or assigns, singularly or in combination shall not divide or subdivide the Life Estate or otherwise convey (other than under threat of condemnation) a portion of the acreage of such Life Estate less than the whole acreage to one or more parties or convey said Life Estate to two or more parties each of whom acquire title to less than the whole acreage of the Life Estate. As used herein "party" means and includes any person, corporation, partnership or other legal entity capable of holding title to real property_ 2. GRANTOR further covenants and agrees for itself and its success- ors and assigns, that GRAITTOR will limit the development of said Life Estate to one (1) residential structure having a total of fifteen hundred (1500) square feet or less of actual living space and such structure shall be limited to a single floor with the roof peak no more than twenty (20) feet from the ground elevation and ancillary structures. 4 3. DISTRICT shall have the right of Design Review as herein defined with respect to any and all improvements proposed to be con- structed on the Life Estate. Design Review is intended to pro- vide a process for review by the DISTRICT of development in environmentally and ecologically sensitive areas in order to assure that development will be harmonious with other uses in the general vicinity and will be compatible with environmental. and ecological objectives. (a) With regard to construction of any improvements on the Life Estate, an application for design review shall be made to the DISTRICT. The application shall include the following: (i) A site plan showing the location of all proposed buildings, structures , planted or landscaped areas, paved areas, fences, wells, septic system and other improvements, and indicating the proposed uses or activities on the site. (ii) Drawings or sketches showing the elevations of all proposed buildings, sufficiently dimensioned to indicate the general scale, height, and bulk of such buildings. EXHIBIT Page Oft of EaHIOIT sage Hof Development Restriction and Resign Review for the Reserved Life Estate page Two Wilkins (b) Within thirty (30) days from the filing of the application with the DISTRICT, DISTRICT shall review the site plan and drawings , and shall make its recommendations based upon the following objectives; with respect to siting of the improvements, structure height, color and orientation, and exterior lighting and landscaping: (i) To ensure construction and operation in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. (ii) To ensure that sound principles of environmental design and ecological balance shall be observed. 4. This Design Review shall not extend to or include the re_aair anal/or replacement of existingimarovemen _ is or those improve- ments previously constructed by GRAONIOR under this Design Review process. . , 5. All of the covenants, conditions, and restrictions contained herein shall be binding upon GPAOTOR and its successors (by merger, consolidation, or otherwise) and assigns, lessees, invitees, and any and all other persons acquiring the Life ' ...: Estate, or any portion thereof, or any interest therein, whether by operation of law or in any other manner whatsoever_ All of the provisions, agreements, covenants, conditions, and restrictions contained herein are for the benefit of DISTRICT and DISTRICT's adjoining lands. All of the provisions hereof shall be covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. It is expressly agreed that each covenant, condition, or restriction_ contained herein to - do or to refrain from doing such act on the Life Estate: M is a burden upon the Life Estate and each portion thereof, and (ii) shall be binding upon each successive owner during its ownership of the Life Estate, or any portion thereof, and each person having an interest therein derived in any manner through any owner of the Life Estate or any portion thereof. Nothing herein. shall be deemed to create a right of action in any person or entity other than DISTRICT. !! - Page j of R-84-07 (Meetingg 84-04 Feb. 22, 1984) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT Fe bruary 15, 1984 TO: Board of Directors FROM: H. Grench, General Manager CONTRIBUTORS: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; C. MacDonald, Public Communications Coordinator; J. Fiddes, Administrative Assistant SUBJECT: Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1984-1985 Introduction: The District' s activities each year have been guided since 1974 by an Action Plan, which implements the Basic Policy and other Board policies. The Action Plan' s function is to identify key projects and activities, plan and allocate the budget, evaluate progress, and summarize the purposes of the District' s major programs. The attached preliminary Action Plan for fiscal year 1984-1985 includes the proposed objectives, and key projects and activities presented at your last meeting (see report R-84-6 of February 9 , 1984) . Based on your discussion and actions at that meeting, the following changes have been incorporated into the proposed Action Plan: Open Space Acquisition Program - Negotiations Subprogram - The words within the District' s Sphere of Influence" have been inserted in the third key project and activity. Open Space Management Program — Planning, Design and Development Sub- program - A new key project and activity concerning the Skyline Ridge Open Space Preserve and implementation of its master plan has been added and incorporates statements that had been included in the first and second key projects and activities. In addition, part of the objective for the Operations, Maintenance and Volunteer Subprogram has been refined to state an emphasis of this sub- program is to increase "public education regarding natural features and awareness regarding proper use of these lands. " Public Communications and Governmental Liaison Program - Public Partici- pation and Education Subprogram - The second key project and activity has been reworded because of your action deleting the experiment designed to measure the impact of a specific informational effort on public aware- ness and use of one or more District sites as a 1983-1984 key project and activity in this subprogram. In order to facilitate your review of the 1984-1985 preliminary Action Plan, the corresponding subprogram section from the 1983-1984 Action Plan accompanies each of the proposed 1984-1985 subprogram sections. Margin notes indicate changes in the Other Typical Projects and Activi- ties sections. R-84-07 Page two Discussion: The proposed Action Plan describes the District' s major programs for fiscal year 1984-1985, and they are: I. Open Space Acquisition Program A. Negotiations Subprogram B. Special Projects Subprogram C. Enterprise Activities Subprogram II. Open Space Management Program A. Planning, Design, and Development Subprogram B. Operations, Maintenance, and Volunteer Subprogram III. Public Communications and -GoVernmental Liaison Sub2rogram. A. Public Participation and Education Subprogram B. Public and Private Liaison Subprogram C. Media Subprogram IV. General Management and Program Support The preliminary 1984-1985 Action Plan could be altered, as a result of the budget preparation process and progress made on several personnel- related matters, before it is presented to you in June for final approval. It should be noted that, at this time, the only potential staffing changes being proposed for review in the preliminary Action Plan are in the Open Space Management Program. The proposed changes include one additional planning position, three 3/4-time Ranger Aide positions, and one or more additional Ranger positions. An in-depth discussion of these proposals would begin in -the budget formulation process. The following sections highlight the proposed Action Plan: Open Space Acquisition Program Over the past several years, the Open Space Acquisition subprograms have undergone a refinement process, and action goals for Other Typical Projects and Activities in the three subprograms are currently stream- lined to the point where only major budget or *personnel changes would affect the basic program. This year, except for an increase in the allocation of staff resources for the Enterprise Subprogram, no signi- ficant changes have been made in the - proposed Action Plan. Open Space Management Program The significant changes in other typical projects and activities for the Planning, Design and Development Subprogram include securing funding for the development of policy and a plan for natural resource categori- zation and management, implementing, under Board direction, grazing plans for select preserves, planning with the California Department of Forestry a shift in the prescribed burning program to those preserves most in need, and completing design standards for the -construction of District roads and trails. All other typical projects remain similar to last year's; some minor wording changes have been made. Changes in other typical projects and activities for the Operations, Maintenance and Volunteer Subprogram remain minor and include ongoing maintenance of District lands and facilities guided by a field maintenance calendar and implementation of written field operations policies. Mechanized methods will be explored to aid field staff in maintaining the more remote trails. Minor wording changes were made in the first key project and activity in this subprogram. R-84-07 Page three Immediate Open Space Management Program needs dictate possible addi- tional staff allocations as noted in both the planning and field operations subprograms. These needs have not been defined as of this date. This *is related to, but not necessarily tied to, the third key project of the Planning Subprogram for an overall evaluation of longer term Open Space Management staffing needs. The latter is quite depen- dent upon the results of the Budget Committee and Board consideration of changes in the Open Space Management Budget Guidelines. Public Communications and Governmental Liaison Program One of the key projects in the Media Subprogram has been moved into the category of other typical projects and activities. In the Public Participation and Education Subprogram, the former typical project dealing with the District's program of public presentations for community and school groups has been made a key project, with a slight change in emphasis. A new key project and activity about exploring the possi- bility of a bus tour for members of the public in order to encourage volunteerism and -awareness of District lands has been added in this supbprogram. Except for some rearrangements in terms of priority, all other typical projects and activities in this Program remain the same as for 1983-1984 . General Management and Program Support Five of the other typical projects and activities in this Program are the same as last year. A new item has been added referring to the possibility of restructuring the District' s budget accounting system. The 1983-1984 project relating to acquisition and implementation of a microcomputer system has been changed to reflect implementation of a microcomputer system pursuant to a systems study. At this time, .. there are no staffing changes- proposed in this Program; however, a study on future staffing needs for administration is scheduled to be conducted during the second half of the 1983-1984 fiscal year. Staff Resources Total staff resources, as proposed in the preliminary Action Plan, for each of the District' s major programs are listed below. Significant percentages of incremental staff time are included in the preliminary Action Plan, and unless otherwise noted, a staff member's time is allocated to a single program, even though the staff person may work to some extent in other areas. As noted earlier, any proposed staffing changes would be discussed in detail during the 1984-1985 budget formu- lation process and would be presented, in conjunction with the budget, to the full Board for consideration. Open Space Acquisition Program Land Acquisition Manager Real Property Representative Real Estate Research Analyst Secretary - Open Space Acquisition Student Intern (T) R-84-07 Page four Open Space Management Program Land Manager Operations Supervisor Open Space Planner Environmental Analyst Associate Open Space Planner Coordinator of Volunteer Programs (P) Lead Rangers (3) Rangers (6) Secretary - Open Space Management Possible staffing changes One additional planning position Three temporary three-quarter time Ranger Aide positions Additional Ranger position (s) Public Communications and Governmental Liaison Program Public Communications Coordinator (P) Public Communications Secretary (P) General Management and Program Support General Manager Administrative Assistant Secretary to General Manager Accounting Specialist Controller (P) Legal Counsel ,(Pq) T = Temporary Employee; P = Part-time Employee; PC = Private Contractor Recommendation: I recommend that you review the proposed preliminary Action Plan for fiscal year 1984-1985, modify it as necessary, and tentatively adopt the Action Plan so that it may serve as the basis for formulation of the coming fiscal year's budget. Page five OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations B. Special Projects C. Enterprise Activities To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of strategic open space within the District planning areas. ,Page six 1983-19$4 Negotiations Subprogram Objective The objective of the Negotiations Subprogram � g p gram is to provide for the acquisition Lion of all real property rights is necessary to secu re a recreational green belt in the foothills and bay lands, g utilizin the major portion of the District's income. Key Projects and Activities 1. Eliminate the Previous Land Commitments backlog by completing the P acquisition of the Novitiate ' Y ro e'rt• . q P 2. Convert the budgeted funds in the New Land Commitments budget Cate- gory into strategic open space lands at desirable (fair fa P r market value or less) including, where possible, private financing with favorable terms. 3. Work with Peninsula Open Space Trust to complete at least one acqui- sition project that significantly furthers the District's overall ace open s goals. P P Other Typical Projects and Activities 1. Initiate and maintain contacts with landowners, real estate appraisers and brokers, developers, architects, engineers, zoning and planning officials, and financial institutions. 2 ._ Explore various alternative terms of purchase (options, install- ment purchases, defeasible fee, etc. ) to offer advantages and incentives :-.toy landowners, ...as well as to the District. 3. Explore additional .methods to project open space lands for -less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, cooperation with private individuals and groups, etc. ) 4. Institute eminent domain proceedings, in the extraordinary case, in the event negotiations fail to produce an agreement on terms of purchase where the parcel involved is key to the District' s program. 5. Continually compile current information on real estate market activity, including ordering preliminary title reports on a timely basis for parcel research filing system. 6. Catalog information of special interest, such as deed restrictions, encumbrances, financing and tax considerations. This activity includes the -establishment and continuation of a iaorking- relation- ship with title companies-- and other information sources Required Staff Resources 55% of time of Land Acquisition Manager 40% of time of Real Property Representative 45% of time of Real Estate Research Analyst 40% of time of Secretary - Land Acquisition I ' Page seven 1984-1985 Negotiations Subprogram Objective The objective of the Negotiations Subprogram is to provide for the acquisition of all real property rights necessary to secure a recreational greenbelt in the foothills and baylands, utilizing the major portion of the District's income. Key Projects and Activities 1. Eliminate the Previous Land Commitments backlog by completing the acquisition of the Novitiate and Hvbl properties. 2. Convert the budgeted funds in the New Land Commitments budget category into strategic open space lands at desirable prices (fair market value or less) including, where possible, private financing with favorable terms. 3. Work with Peninsula Open Space Trust to complete at least one acquisition project, within the District's Sphere of Influence, that significantly furthers the District's overall open space goals. Other Typical Projects and Activities 1. Initiate and maintain contacts with landowners, real estate appraisers and brokers, developers, architects, engineers, zoning and" planning officials, and financial institutions. 2. Explore various alternative terms of purchase (options, install- ment purchases, defeasible fee, etc. ) to offer advantages and incentives to landowners, as well as to the District. 3. Explore additional methods to protect open space lands for less W than the total cost of fee acquisition (open space easements, >+ acquisition of development rights, development dedication, a exchange or sale of development rights, cooperation with private o individuals and groups, etc. ) . H > 4. Institute eminent domain proceedings, in the extraordinary case, in the event negotiations fail to produce an agreement on terms of purchase where the parcel involved is key to the District 's program. 5. Continually compile current information on real estate market cn activity, including ordering preliminary title reports on a timely basis for parcel research filing system. 6. Catalog information of special interest, such as deed restrictions , encumbrances, financing and tax considerations. This activity includes the establishment and continuation of a working relation- ship with title companies and other information sources. Required Staff Resources 55% of time of Land Acquisition Manager 35% of time of Real Property Representative 40% of time of Real Estate Research Analyst 45% of time of Secretary - Open Space Acquisition ge eight 83-1 8 19 9 4 Special Projects Subprogram Objective The objective of the Special Projects Subprogram is to establish and maintain a broad base for the acquisition program by coordinating District efforts with private and other public agencies , to develop additional acquisition revenue sources,and to provide the special information necessary to a successful ro acquisition r q program. . Key Projects and Activities 1. Eliminate the . Novitiate joint project backlog (see Negotiations Subprogram) and keep abreast of grants available to the District. Submit at least one Land and Water Conservation Fund grant request, at least one Coastal Conservancy grant request, and at least one Roberti-Z 'berg grant request, if programs are funded. 2. Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space. Initiate at least one joint project with Santa Clara County. 3. Analyze, in conjunction with Open Space Management Program, particular geographic areas of the District, such as the San Mateo County baylands, to develop acquisition recommendations and project costs. Other Typical Projects and Activities 1. Maintain a multi-year spending plan for land acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goals within budget constraints. 2. Encourage other agencies to apply for grants that will enchance overall open space goals. 3. Maintain a relocation assistance program utilizing staff and consultants as necessary. 4. Maintain a comparable-data index with cross reference to the mapping system for use in cost estimation and appraisal analysis. 5. Review agendas and minutes of other appropriate agencies. Review information on local, State and Federal regulations (e.g. , zoning, subdivision and urban services , and on restrictions or plans contained in general plan elements and other planning studies. ) 6. Investigate, as time constraints allow, the orderly disposition of title and legal incumbrances on District owned land (mineral and water rights, prescriptive easements, encroachments, etc. ) . Required Staff Resources 30% of time of Land Acquisition Manager 20% of time of Real Property Representative 30% of time of Real Estate Research Analyst 30% of time of Secretary - Land Acquisition Page nine 1984-1985 Special Projects Subprogram Objective The objective of the Special Projects Subprogram is to establish and maintain a broad base for the acquisition program by coordi- nating District efforts with private and other public agencies, ' to develop additional acquisition revenue sources, and to provide the critical information necessary to a successful_ acquisition program. Key Projects and Activities 1. Eliminate the Novitiate joint project backlog (see Negotiations Subprogram) and keep abreast of grants available to the District. Submit at least one Land and Water Conservation Fund grant re- quest, at least one Coastal Conservancy grant request, at least one 1984 State Parks Bond Act grant request, and at least one Roberti-Z 'berg grant request, if programs are funded. 2. Seek and encourage agencies and groups. to undertake sole or joint acquisition projects which will preserve additional open space, Initiate at least one joint project with Santa Clara County. 3. Analyze, in conjunction with Open Space Management Program, particular geographic areas of the District, such as the San Mateo County baylands, to develop acquisition recommendations and project costs. Other Typical Projects and Activities 1. Maintain a multi-year spending plan for land acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goa?.s within budget constraints. 2. Encourage other agencies to apply for grants that will enhance x overall open space goals. a w 3. Maintain a relocation assistance program utilizing staff and consultants as necessary. a 0 A. Maintain a comparable-data index with cross reference to the mapping system for use in cost estimation and appraisal analysis. a' 5. Review agendas and minutes of other appropriate agencies. Review information on local, State and Federal regulations (e.g. , zoning, subdivision and urban services, and on restrictions or plans contained in general plan elements and other planning studies. ) 6. Investigate, as time constraints allow, the orderly disposition of title and legal encumbrances on District owned land (mineral and water rights, prescriptive easements , encroachments , etc. ) . Required Staff Resources 30% of time of Land Acquisition Manager 15% of time of Real Property Representative 30% of time of Real Estate Research Analyst 25% of time of Secretary - Open Space Acquisition 1983-1984 Te ten Enterprise Activities Subprogram Objective The objective of the Enterprise Subprogram is to manage all the District's revenue producing activities in such a way as to maximize income from Enterprise accounts consistent with Open Space Management policies and to explore new compatible activities. Key Projects and Activities 1. Administer all leases and rental accounts, updating rental rates and other lease conditions as opportunities arise, to maximize income consistent with Open Space Management policies. 2. Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. 3. Prepare cost/benefit studies on a case by case basis as major repair and rental decisions arise. Other Typical Projects and' Activities 1. Maintain all . facilities utilized in the District's enterprise program. 2. Implement revision of communication leases compatible with Board policy. 3. Enhance marketability of enterprise structures with long-term lease potential accord ing:�to Board policy. 4. Help administer Ranger-residency leases. 5. Investigate alternative lease arrangements -for enterprise accounts, such as longer terms that would enhance net income to the District , According to Board policy. 6. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. Required Staff Resources 15% of time of Land Acquisition Manager 40% of time of Real Property Representative 25% of time of Real Estate Research Analyst 30% of time of Secretary - Land Acquisition Page eleven 1984-1985 Enterprise' Activities Subprogram Objective The objective of the Enterprise Subprogram is to manage all the District's revenue producing activities in such a way as to maximize income from Enterprise accounts consistent with Open Space Manage- ment policies and to explore new compatible activities. Key Projects and Activities 1. Administer all leases and rental accounts, updating rental rates and other lease conditions as opportunities i arse t � o maximize income consistent with Open Space Management policies. 2. Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive con- dition and to increase net rental income. 3. Prepare cost-benefit studies on a case by case basis as major repair (or improvement) and rental decisions arise. Other Typical Projects and Activities 1. Maintain all facilities utilized in the District's enterprise program. wW 2. Complete implementation of revision of communication leases >4Z compatible with Board policy. AC " o U 3. Enhance marketability of enterprise structures with long-term H o lease potential according to Board policy. a 4. Administer Ranger-residency leases, as appropriate. 0 5. Investigate alternative lease arrangements for enterprise o accounts, such as longer terms that would enhance net income to the District according to Board T� g policy. H 6. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. Required Staff Resources 15% of time of Land Acquisition Manager 50% of time of Real Property Representative 30% of time of Real Estate Research Analyst 30% of time of Secretary - Open Space Acquisition 1 Page twelve I OPEN SPACE MANAGEMENT PROGRAM Subprograms A. Planning, Design, and Development B. Operations, Maintenance, and Volunteer To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values. II 1983-1984 Page thirteen Planning, Design and uevelopment Subprogras-:� Objective The objective of the Planning, Design and Development Subprogram is to provide short term and long range acquisition planning and the formu- lation and review of use and management plans, as well as overseeing the physical implementation of capital improvements such as site develop- ment and special plans. Key Projects and Activities I. Develop, review, and coordinate the implementation of Board approved use and management plans in accordance with Relative Site Emphasis Policies, including completion of a planning study for the Skyline Ridge Open Space Preserve. 2. Continue the liaison efforts of multi-jurisdictional projects, specifically to define the various roles of the District and other agencies and non-profit groups for the planning and implementation of the Bayfront Trail. 3. Continue to plan with California Department of Forestry for the Monte Bello Burn Project and continue with the next phase of the project. Other Typical Projects and Activities I. Review other agency subdivision plans, zoning changes, general plan amendments, and environmental documents that may impact District lands. ., 2. Continue to encourage,,cooperative development and management plans (for example, trails) with other local jurisdictions and special interest groups such as equestrians. 3. Gather input from user and special interest groups relating to site use and management. 4. Work with Open Space Acquisition group on review, monitoring, and other input of leases for Enterprise Subprogram and land acquisition referrals. 5. Complete design standards for construction and maintenance of District ' CHANGED trails, gates, fencing, signing and other minor improvements. 6. Develop and implement other specific Board-approved resource management plans such as grazing, site restoration, and erosion controls. 7. Prepare specific construction plans and specifications for development projects and coordinate contracted services. R. Establish volunteer student and intern programs and work with private organizations, whenever feasible, to accomplish special planning projects as well as to assist in planning use and management plans. ' DROPPED Conduct an experiment in conjunction with Public Communications to measure the level of public awareness and use of District sites. 10. Maintain a standardized series of maps and special presentation materials for all District lands. 11. Work with other agencies and organizations to help implement the Trail Information and Volunteer Center. Page fourteen 12. Prepare appropriate portions of acquisition re- -rts and grant applications. 13. Prepare environmental assessments, environmental impact reports, or negative declarations as appropriate to District proposals. Required Staff 'Resources 60% of time of Land Manager 85% of time of Open Space Planner 85% of time of Environmental Analyst 90% of time of Associate Open Space Planner 25% of time of Operations Supervisor. 60% of time of Secretary - Open Space Management 5% of time of Lead Rangers (3 ) 3 Page fifteen 1984-1985 Planning, Design and Development Subprogram Objective The objective of the Planning, Design and Development Subprogram is to provide short term and long range acquisition Planning and the formulation and review of use and management plans, as well as over- seeing the physical implementation of capital improvements such as site development and resource management, master and other special plans. Key Projects and Activities 1. Develop, review, and coordinate the implementation of Board approved use and management plans in accordance with Relative Site Emphasis Policies, including commencement of planning studies for the- site renovation of the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, and designing public use facilities for the Hassler site. 2. Continue the liaison efforts of multi-jurisdictional projects, specifically the planning and implementation of the Bayfront Trail and the Kennedy Trails parking area. 3. Evaluate Open Space Management planning and field staffing needs in light of increased acreage and of District land holdings, and make recommendations, as required, to the Board for implementation through the regular budget process. 4 . Complete coordination of the master planning for the Skyline Ridge Open Space Preserve and commence implementation under Board direc- tion of the first portion of the master plan, in cooperation with P.O.S.T. Other Typical Projects and Activities 1. Secure funding for development of policy and a plan for natural resource categorization and management, which will provide a basis for decisions regarding prescribed burning, grazing and other agricultural uses, control of exotic species, enhancement of native flora, etc. 2. Continue to plan with California Department of Forestry for pre- scribed burns on select preserves for wildfire protection. 3 . Under Board direction, implement grazing plans for select areas of District preserves, possibly including Monte Bello, Russian Ridge, Windy Hill, and Long Ridge Open Space Preserves. 4 . Review other agency subdivision plans, zoning changes, general plan amendments, and environmental documents that may impact ww District lands . 5. Continue to encourage cooperative development and management plans (for example, for trails) with other local jurisdictions and special interest groups such as equestrians. ge sixteen 6. Gather input from user and special interest groups relating to site use and management. w 7. Work with Open Space Acquisition group on review, monitoring, and other input regarding leases for Enterprise Subprogram and P on and 9 g1 cn P acquisition referrals. S . Develop and implement other specific Board-approved resource - REWORDED management plans such as site restoration and erosion controls. Pr epare 9 are specific SPME p construction plans and specifications for develop- ment projects and coordinate contracted services. 10. Continue to implement volunteer student and intern programs and REWORDED work with private organizations, whenever feasible, to accomplish special planning projects as well as to assist in formulating use and management plans. 11. Maintain a standardized series of maps and special presentation SAME materials for all District lands. 12. Work with other agencies and organizations to encourage growth of REWORDED the Trail Information and Volunteer Center. 13. Prepare appropriate portions of acquisition reports and grant SAME applications. REWORDED14 . Prepare environmental assessments, environmental impact reports, and negative declarations in accordance with CEQA requirements . NEW 15. Complete design standards for contruction of District roads and trails. Required Staff Resources 60% of time of Land Manager 85% of time of Open Space Planner 85% of time of Environmental Analyst 90% of time of Associate Open Space Planner 25% of time of Operations Supervisor 60% of time of Secretary - Open Space Management 5% of time of Lead Rangers (3) 90% of time of possible additional planning position I i i 1983-1984 Page seventeen Operations, Maintenanc ind Volunteer Subprogram Objective The objective of the Operations, Maintenance and Volunteer Subprogram is to provide responsible stewardship of District lands by furnishing those public safety, maintenance, ane resource protection services necessary for the effective management of these lands. An emphasis of this sub- program is to increase public education regarding natural features and proper use of these lands, as well as to maximize the volunteer support and to aid in the physical i ole-mentation of capital improver_ients. Key Projects and Activities 1 . Implement a revised deployment and scheduling program for District field staff, making the most efficient use of available Open Space Management resources to accommodate planned increases in public use. 2. Implement and evaluate the District's revised dog policy on selected sites. 3. Conduct a docent interpretive program, focusing on meeting increasing needs and program demands, using Los Trancos Open Space Preserve, Rancho San Antonio Open Space Preserve, Monte Bello Open Space Preserve, and other sites as guided by Relative Site Emphasis Policies. Continue to conduct spring wildflower walks at Edgewood. 4. Increase by at least 50% volunteer support for site development and maintenance by soliciting help from Thail Information and Volunteer Center, California Conservation Corps, County probation crews, "and indi- viduals. Develop policies and project lists to encourage and direct these ' efforts. 5. Provide for securing of the buildings on Mt. Umunhum while planning for their disposition. Provide for structure demolition or security, under Board directior , �of the buildings on the Hassler, Coal Creek, Long Ridge, Mt. Melville, and Rancho San Antonio sites. Other Typical Projects and Activities 1. Provide an active patrol program focused on educating the public in the proper use of wildland areas and on enforcing District ordinances. 2. Continue to provide an active fire management program, including both fire prevention and suppression and assistance in implementing the controlled burning program. 3. Implement approved and funded portions of site use and management plan recommendations as scheduled, concentrating on site protection and maintenance projects as the highest priority. 4. Provide after hours call-out services for District sites, primarily through the operation of a ranger residence program. 5. Maintain all District lands and facilities to a standard of appearance CHANGED and utility in accordance with approved use and management plans and remove or cover debris from sites where previous owners and use have resulted in large debris accumulation. 6. Develop guidelines for a volunteer patrol program in conjunction with the Mid-peninsula Trails Council for Board consideration. ?. Maintain District vehicles, equipment, and field operations office. 8. Continue to conduct a docent training program. 9. Continue ongoing training and development of field operations staff. 10. Stud the cost benefit implications TO BE Y / p zcations of hiring a person such as a mechanic/heavy equipment operator. COMPLETED I Page eighteen 11. Implement approved ( �ource management plans, Auding Russian Ridge, Windy Hill, anu Monte Bello grazing plans and Monte Bello and Manzanita Ridge restoration and erosion control plans. 12. Continue working with planning staff on a master plan for the District ' DROPPED field office and maintenance yard and possible satellite yard (s) . 13. Monitor increased site use and patterns to provide documented statistics for future Open Space Management decisions. 14. Continue to work with neighboring agencies to develop additional shared maintenance and/or patrol agreements, including for the District's baylands properties. Required Staff Resources 40% of time of Land Manager 15% of time of Open Space Planner 15% of time of Environmental Analyst 10% of time of Associate Open Space Planner 75% of time of Operations Supervisor 95% of tine of Lead Rangers (3 ) 100% of time of Rangers (6) - 40% of time of Secretary - Open Space Management 100% of time of Coordinator of Volunteer Programs time) Page nineteen i' 1984-1985 Operations,. Maintenance and Volunteer Subprogram Objective The objective of the Operations, Maintenance and Volunteer Subprogram is to provide responsible stewardship of District lands by furnishing those public safety, maintenance, and resource protection services necessary for the effective management of these lands. An emphasis of this subprogram is to increase public education regarding natural features and awareness regarding proper use of these well ese lands as e 1 as g g _ P r to maximize the volunteer lun support to aid in the physical implementa- tion of capital improvements. Key Projects and Activities 1. Review current field staff positions and complete implementation of revised deployment and scheduling program for District field staff, including opening a Ranger satellite yard at Skyline Ridge Open Space Preserve, as approved. 2. Complete evaluation of the District's experimental dog program and implement a permanent program under Board direction if warranted. 3 . Implement two new site development projects with Peninsula Open Space Trust utilizing volunteer support. Increase volunteer support by 30% by utilizing the Trails Information and Volunteer Center, the California Conservation Corps, and Peninsula Open Space Trust for site development and maintenance. 4 . Conduct a docent interpretive program, using Los Trancos Open Space Preserve, Rancho San Antonio Open Space Preserve, and Monte Bello Open Space Preserve, with outreach programs on Whittemore Gulch Redwoods Open Space Preserve, Long Ridge Open Space Preserve, Windy Hill Open Space Preserve, and others as guided by Relative Site Emphasis Policies. Continue to conduct spring wildflower walks at Edgewood. 5. Provide for security of buildings on Mt. Umunhum. Provide for structure demolition or renovation and security, under Board direc- tion, of the buildings on Rancho San Antonio Open Space Preserve. Other Typical Projects and Activities 1. Provide an active patrol program focused on educating the public SAME in the proper use of wildland areas and on enforcing District ordinances. 2. Continue to provide an active fire management program for all CHANGED District sites, including both fire prevention and suppression and assistance in implementing a prescribed burning program. 3. Implement approved and funded portions of site use and management SAME plan recommendations as scheduled, concentrating on site protection and maintenance projects as the highest priority. j Page twenty 4 . Provide after hours call-out services for District sites, primarily SAME through the operation of a ranger residence program. 5 . Maintain all District lands and facilities to a standard of appearance CHANGED and utility in accordance with approved use and management plans and field maintenance calendar. 6. Implement a volunteer patrol program, as approved, in conjunction CHANGED with the mid-peninsula Trails Council. SAME 7 . Maintain District vehicles, equipment, and field operations office. SAME 8 . Conduct a docent training program. CHANGER' Review training and development requirements for field operations staff and continue program accordingly. 10. Complete implementation of approved resource management plans, CHANGED including Russian Ridge, Windy Hill, and Monte Bello grazing plans and Monte Bello and Manzanita Ridge restoration and erosion control plans. SAME statistics Monitor increased site use and patterns to provide documented statistics for future Open Space Management decisions. 12. Work with neighboring agencies to develop additional shared main- SAME tenance and/or patrol agreements, including for the District's baylands properties. NEW 13 . Implement field operations policies as approved by the Board. `NEW 14 . Explore mechanized methods of trail maintenance, particularly for the more remote trails. Required Staff Resources 40% of time of Land Manager 15% of time of Open Space Planner 15% of time of Environmental Analyst 10% of time of Associate Open Space Planner 75% of time of Operations Supervisor 95% of time of Lead Rangers (3) 100% of time of Rangers (6) 40% of time of Secretary - Open Space Management 100% of time of Coordinator of Volunteer Program (1/2 time) 100% of time of Ranger Aides (probably 3 temporary three-quarter time positions) 100% of time of possible additional Ranger position (s) 10% of time of possible additional planning position Page twenty-one PUBLIC COMMUNICATIONS AND GOVERNMENTAL LIAISON PROGRAM Subprograms A. Public Participation and Education B. Public and Private Liaison C. Media To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage R public communications and involvement in District activities. II _ I 1983 1964. Page twenty-two Public Participation Education Subprogram �' . Objective The objective of the Public Participation and Education Subprogram is to generat6 greater public awareness, involvement, and support of the District a. t is t through a continuing campaign to inform and educate the constituency about the District' s <sites;• programs, and goals. Key Projects and Activities 1. Develop, in cooperation with the Open Space Management Program, an experiment designed to measure the impact of a specific- informational effort on public awareness and use of one or more District sites. 2. Print and distribute three issues of the Openspace newsletter and obtain-,- additional outside funding to increase readership by 50%. 3. Arrange for a Board agenda item or staff-Board workshop on the subject of District publications to discuss the purposes and goals of the various publications including the newsletter, the all-site brochure, and the individual site brochures, along with budget implications and possible budget guidelines. Other Typical Projects and Activities 1. Continue program of public presentations for community and Incorporated school groups. Continue working with docents and others on into new new slide shows and display materials. Continue efforts to key project evaluate the most effective kinds of presentations. 2. Publicize availability of` District sites at a level consistent with the Board' s policy for the relative emphasis of District sites. 3. Publicize the Docent Program on selected District sites in accordance with--the- Boa3zd' s policy for the relative emphasis of District sites. 4. Hold occasional public hearings on importaht matters, inviting public comments. 5. Issue updated versions of various fact sheets, as needed. 6. Continue to schedule the "Celebrate Open Space" Exhibit in various locations on a regular basis, updating the materials as necessary. Required Staff Resources 45% of time (13 hours per week) of Public Communications Coordinator (3/4 time 40% of time (12 hours per week) of Public Communications Aide (3/4 time) �I 1984-1985 Page twenty-three Public Participation and Education Subprogram Objective The objective of the Public Participation and Education Subprogram is to generate greater public awareness, involvement, and support of the District through a continuing campaign to inform and educate the con- stituency about the District' s sites, programs, and goals. Key Projects and Activities 1. Continue to print And distribute the Openspace newsletter and/or other District publications in line with any possible new .guide- lines or policies that develop out of the publications workshop. 2. Continue efforts to encourage District constituents to make !use of District sites in accordance with Relative Site Emphasis Policies and to be involved in the planning for their development. 3. Expand the program of public presentations and displays with new materials, participants, and methods such as the use of video taping. Other Typical Projects and Activities 1. Publicize availability of District sites at a level consistent with the Board' s policy for the relative emphasis of District sites. >i 2. Publicize the Docent Program on selected District sites in U) accordance with the Board' s policy for the relative emphasis ZD of District "`sites.""" 0 > 3. Hold occasional public hearings on important matters, inviting W - Z public comments. P4 4. Issue updated versions of various fact sheets, as needed. 5. Continue to schedule the "Celebrate open Space" Exhibit in M various locations on a regular basis, updating the materials as necessary. 6. Explore the possibility of a bus tour for members of the public NEW in order to encourage volunteerism and awareness of District lands. Required Staff Resources 45% of time (13 hours per week) of Public Communications Coordinator (3/4 time) 40% of time (12 hours per week) of Public Communications Secretary (3/4 time) 1983-1984 r 7e twenty-four Public and Private Liaison Subprogram Objective The objective of the Public and Private Liaison Subprogram is to inform other public agencies and private organizations about the District, and to secure legislation to protect the District's funding and otherwise aid in the accomplishment of the District' s goals. Key Projects and Activities 1. Accomplish priority items for fiscal year in District's Legis- lative Program utilizing services of Legislative Consultant. 2. Conduct a bus tour of District lands for public officials. . 3. Hold joint meeting of MROSD Board with San Mateo County Parks and Recreation Commission. Other Typical Projects and Activities 1. Maintain regular contact with officials of other agencies and private organizations for the exchange of information, coopera- tion on special projects, and participation in special events such as conferences and seminars in order to inform the District staff and Board on current issues. 2. Continue to work with legislators, legislative committees, State and federal administrators, other agencies, private organizations, and interested citizens for information and action regarding State legis,l.ation and specific local issues. 3. Continue contact and cooperation with staff and officials of other regional park and open space districts for the purpose of exchanging information and technical expertise. 4. Maintain up-to-date address files of government officials, private organizations, interested groups, and citizens to be used for distribution of newsletter and other pertinent materials and information. Put mailing lists on District' s computer, if purchased. 5. Continue the rotating schedule of informational presentations to public agencies and private organizations with particular emphasis on county and city planning departments and city councils that Board members consider top priority and where they are able to participate. 6. Send information about the District to newly electedor appointed officials in a timely fashion. Required Staff Resources 15% of time (5 hours per week) of Public Communications Coordinator (3/4 tinel 40% of dime (12 hours per week) of Public Communications Aide (3/4 titre) 1984-1985 ?age twenty-five Public and Private Liaison Subprogram Objective The objective of the Public and Private Liaison Subprogram is to inform other public agencies and private organizations about the District, and to secure legislation to protect the District' s funding and other- wise aid in the accomplishment of the District' s goals. Key Projects and Activities 1. Accomplish priority items for fiscal year in District' s Legisla- tive Program utilizing services of Legislative Consultant. 2. Conduct another bus tour of District lands for public officials. 3 . Hold joint meeting of MROSD Board with Santa Clara County Parks and Recreation Commission. Other Typical Projects and Activities 1. Maintain regular contact with officials of other agencies and private organizations for the exchange of information, cooperation on special projects, and participation in special events such as conferences and seminars in order to inform the District staff and Board on current issues. 2. Continue to work with legislators, legislative committees, State and federal administrators, other agencies, private organizations, and interested citizens for information and action regarding State legislation and specific local issues. W 3. Continue contact and cooperation with staff and officials of other regional park and open space districts for the purpose of exchanging information and technical expertise. H4 . Maintain up-to-date address files of government officials, private organizations, interested groups, and citizens to be used for P4 distribution of newsletter and other pertinent materials and infor- mation. Put mailing lists on District' s computer, if purchased. 5. Continue the rotating schedule of informational presentations to public agencies and private organizations with particular emphasis on county and city planning departments and city councils that En Board members consider top priority and where they are able to participate. 6. Send information about the District to newly elected or appointed officials in a timely fashion. Required Staff Resources 15% of time (5 hours per week) of Public Communications Coordinator (3/4 time 40% of time (12 hours per week) of Public Communications Secretary (3/4 time) 1983-1984 je twenty-six Media Subprogram Objective The objective of the Media Subprogram is to� inform the public about the District' s activities through news stories and features in the press and other media as appropriate. Key Projects and Activities 1. Continue regular communications with the media in accordance with the District' s policy statement regarding open information And cooperation. 2. Continue development and implementation of procedures for publi- cizing selected sites in accordance with site emphasis policies. 3. Arrange for at least two TV news spots about the District' s activities. Other Typical Projects and Activities 1. Continue the regular reading, clipping, and circulating of news- paper and magazine articles, utilizing volunteer help whenever possible. 2. Continue to publicize the District in magazines, park and recrea- tion publications, and environmental newsletters in accordance with Board policy. .3. Continue to respond to radio and television station information Dropped requests. Air' ai:,ieast' one public service announcement on radio or TV to increase public awareness of the District. 4. Issue special news releases to announce unique projects or activities as appropriate. Required Staff Resources 40% of time (12 hours per week) of Public Communications Coordinator (3/4 time) 20% of time (6 hours per week) of Public Communications Aide (3/4 time) 1984-1985 Page twenty-seven Media Subprogram Objective The objective of the Media Subprogram is to inform the public as fully as possible about the District' s purposes and activities through news stories, features, and public service announcements in the press, and on radio and television. Key Projects and Activities 1. Conduct a bus tour of District lands for representatives of the media. 2. Create and maintain an up-to-date set of fact sheets on various aspects of the District' s activities for distribution to media people and others. 3. Produce and distribute a series of public service announcements through Viacom for airing on public access cable and commercial television. Other Typical Projects and Activities SAME 1. Issue special news releases to announce unique projects or activities as appropriate. NEW 2. Continue regular communications with the media in accordance with the District' s policy statement regarding open information and cooperation. SAME 3. Continue to publicize the District in magazines, park and recre- ational publications, and environmental newsletters in accordance with Board policy. SAME 4 . Continue the regular reading, clipping, and circulating of news- paper and magazine articles, utilizing volunteer help whenever possible. Required Staff Resources 40% of time (12 hours per week) of Public Communications Coordinator (3/4 time) 20% of time (6 hours per week) of Public Communications Secretary (3/4 time) ?age twenty-eight GENERAL MANAGEMENT AND PROGRAM SUPPORT To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. 1983-1984 e twenty-nine General blanagement and 1 .aram Support Objective The objective of General Management and Program Support is to provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives. Key Projects and Activities 1 . Provide necessary interpretation, coordination, direction, and administrative base, including on-going review and updating of personnel-related matters, for District's staff and programs in order to carry out Board policies, Action Plan, and specific actions according to written and unwritten Board priorities, 2. Conduct a comprehensive review of District salaries and benefits. 3. Study future staffing needs for administration. 4. work with Office Space Committee and Board to determine long term loca- tion of the District office, the question of buying versus renting, and make decisions on next location. 5. Continue to promote an atmosphere conducive to generating a creative team effort, including at least one staff workshop retreat. Other Typical Projects and Activities 1 . Perform administrative and legal obligations as required by State law. 2. Update Action Plan, prepare and monitor annual budget, and coordinate program evaluations for Action Plan progress. 3. Provide financial maragement"and accounting, including investment of temporarily idle funds. 4 . Administer personnel functions such as Unemployment Insurance and Workers ' Compensation; provide orientation to new employees; review, as appropriate, employee benefits, salary ranges, job descriptions, and administrative and personnel policies. 5. Continue evaluation of overall organizational structure and staffing requirements. 6. Complete the study of potential uses for a microcomputer system and changed related cost/benefit analysis of leasing versus purchasing and implement the computer system if study so indicates. Required Staff Resources Personnel below work on all programs: General :tanager Legal Counsel (part-time under retainer) Controller (1/4 tire) Administrative Assistant Secretary to the General Manager Accounting Specialist s 1984-1985 age thirty General Management and Program Support Objective The objective of the General Management and Program Support is to pro- vide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives. Key Projects and Activities 1. Complete, at Board and staff level, all necessary planning to ensure the District' s move to different facilities by November 1, 1985. 2. Provide required functions for the election of District directors in Wards 3, 4, and 7. 3. Complete personnel needs and structure studies and begin imple- mentation in accordance with a plan to be developed. 4. If market conditions are favorable, market a new note issue for the acquisition of land. 5. Provide necessary interpretation, coordination, direction, and administrative base, including on-going review and updating of personnel-related matters for District' s staff and programs, in order to carry out Board policies, Action Plan, and specific actions according to written and unwritten Board priorities. 6. Continue to promote an atmosphere conducive to -generating 'a crea- tive team effort, including at least one staff workshop retreat. Other Typical Projects and Activities 1. Perform administrative and legal obligations as required by State law. 2. Update Action Plan, prepare and monitor annual budget, and co- U) ordinate program evaluations for Action Plan progress. 0 H 3. Provide financial management and accounting, including investment > of temporarily idle funds. a4 4 . Administer personnel functions such as Unemployment Insurance and U) Workers' Compensation; provide orientation to new employees; review, r4 as appropriate, employee benefits, salary ranges, job specifica--' N tions, and administrative and personnel policies. 5. Continue evaluation of overall organizational structure and staffing requirements. 6. Study restructuring of budget accounting system to make it more NEW program and project oriented. CHANGED 7 . Implement microcomputer system pursuant to systems study. Reauired Staff Resources Personnel below work on all programs: General Manager Legal Counsel (Dart-time under retainer) Controller (1/4- time) Administrative Assistant Secretary to the General Manager Accounting Specialist I A a oe AQDP=INSULA REGI(XQAL OPEN SPACE DISTRICT TO: Board of Directors F ROM: H. Grench, General Manager SUBJECT: F.Y.I. DATED: February 17, 1984 OPTION GREEMENT f f T IS AG EME1�1' sade this day f 1984 by an betwee W . WILKINS, einafter referr to as "Opti©nor, " and M DPENI4S REGIONAL OPEN SPACE DIS RICT, i i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 February 14, 1984 Mr. Robert Mark, Chairman State Park Comr.,ittee Sierra Club 609 Forest Avenue Palo Alto, CA 94301 Dear Bob: The members of the Board received copies of the study done under your leadership by Mike Boyd and Elaine Lerman on the impacts of cattle grazing on oak regeneration in the Central Coast Range. The study was referred to staff for information and Director Nonette Hanko suggested that you forward copies of this study to, the City of Palo Alto, Santa Clara and San Mateo Counties, and Stanford University. The study brings to my mind again that the District' s long term goals for the open space landscape under its care need to be defined as one of the bases of policies for managing the lands. Thank you for forwarding this study to the District' s Board of Directors. Sincerely, Herbert Grench HG:ej General Manager cc: MROSD Board of Directors Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A Turner,Daniel G.Wandin LAW OFFICES OF LESLIE C. NICHOLS 505 HAMILTON AVENUE, SUITE 210 PALO ALTO,CALIFORMA 94"1 WS) 327-3253 February 10 , 1984 Herb Grench General Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos , CA 94022 Dear Herb : Thank you very much for your February 6 , 1984, letter congratulating me on my appointment to the Superior Court. I am trying to notify all my friends of the investiture ceremonies, but time is getting short since I am finishing my duties on the City Council, extracating myself from a 17 year trial practice, and attending to a few other details before I assume my new duties . Please extend my best invitation not only to yourself but to all the members of the board to be my guest at the investiture ceremony scheduled for 4: 45 P.M. , on Friday, February 24, 1984, at the Santa Clara County Board of Supervisors Chambers , 70 West Hedding Street, San Jose. A reception will follow. Thank you again for your letter and good wishes . Best regards . 4Re ectfull ESLIE C.4NNICH40LS LCN/jld y r1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 February 10, 1984 Mr. Larry Norris, Director Department of Parks and Recreation Santa Clara County 298 Garden Hill Drive Los Gatos, CA 95030 Dear Larry: Enclosed are copies of the Resolution and recommendations my Board adopted last night regarding the County's Five-Year Parks Plan. Craig Britton and I will be happy to meet with you and your staff to go over the recommenda- tions in detail . During the discussion last night, I believe it was Beez Jones who said that the County was still considering adoption of parking or entry fees at Rancho San Antonio County Park. Although they sympathized with the County's need for revenues, Board members expressed their concerns that a parking or entry fee would cause many people who had changed their habits to once again use the "free" St. Josephs Avenue access and cause the parking and related prob- lems on that street that neighbors had been so up in arms about. We had gotten the situation under reasonable control through the cooperative efforts of the County, Los Altos, the neighbors, and the District. Those efforts were almost a model for what agencies and groups could do working together on a problem to accommodate various needs. We respectfully request that before any serious further consideration is given to enactment of parking or entry fees at that facility, that staff representatives of the County, Los Altos, Mountain View (Deer Hollow Farm) , and the District meet to dis- cuss the possible consequences of such action. We also request that the District be kept informed on other sites where the County may be considering fees where there might be an impact on a District site or on our cooperative patrol arrangements. Sincerely yours, Herbert Grench HG:ej General Manager Enc.// cc:� ROSD Board of Directors City Manager, City of Los Altos P. Bettencourt, City of Mountain View , ichard S Herbert A.Grench,Genera/Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw, R BishoD.Edward G eNfnt.Hate^J�Iswnie1 G,tALtnGn -- - ' v WL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 February 10, 1984 Parks and Recreation Commission Santa Clara County - } 298 Garden Hill Drive Los Gatos, CA 95030 Dear Chairman Lindsay and Members of the Commission: At its meeting of February 8, 1984 the Board of Directors of the Midpeninsula Regional Open Space District adopted the attached Resolution Recommending Parks. Acquisition Projects for Santa Clara County's Proposed Five-Year Capital Improvement Plan for Parks Acquisition and Development. President Dan Wendin of Los Altos and Director Teena Henshaw of Sunnyvale will probably be our Board's official representatives in presenting the District's recommendations with our staff's assis- tance, and other Board members will also be following up as time permits. We look forward to an opportunity to present these proposals to you in detail and to discuss them with you. Please contact me or a District Director if you have any questions. Sincerely yours, Herbert Grench HG:ej General Manager Enc. Resolution 84-9 Staff Report cc:v/MROSD Board of Directors Larry Norris Herbert A.Grench,Genera/Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw_Richard S.Bishoo_Fd y<^dt!_f1� v MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 February 10, 1984 Board of Supervisors Santa Clara County 70 West Hedding Sa n Jose, CA 95110 Dear Members of the Board of Supervisors: At its meeting of February 8, 1984 the Board of Directors of the Mid peninsula Re gional egional Open Space District adopted the attached Resolution Recommending Parks Acquisition Projects for Santa Clara County's Proposed Five-Year Capital Improvement Plan for Parks Acquisition v Development. and D e1 o ment p � President Dan Wendin of Los Altos and Director Teena Henshaw of Sunnyvale will probably be our Board's official representatives in presenting the District's recommendations with our staff's assis- tance, and other Board members will also be following up as time permits. We look forward to an opportunity to present these proposals to you in detail and to discuss them with you. Asa first step, we will be presenting them to your Parks and Recreation. Commission for its review. Please contact me or a District Director if you have any questions. Sincerely yours, Herbert Grench General Manager HG:ej Enc. Resolution 84-9 Staff Report cc:�/MROSD Board of Directors Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teens Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.W n in.._. _ J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 February 10, 1984 Mr. William Schumacher Chairman, Board of Supervisors San Mateo County County Government Center Redwood City, CA 94063 Dear Bill : Thank you for your letter dated February 7, 1984. As you will recall , the Midpeninsula Regional Open Space District was willing to see the Hassler buildings saved as part of a San Mateo County/ Arts Council project. A majority of my Board supported the concept of a joint project in which the District contributed the $3.5 million purchase price with the County assuming the full responsibilities for the Arts Council project in the event that the private operation faltered. This was unacceptable to your-Board. I cannot support further voluntary delay on the part of the District; our Board overwhelming ly agrees. The continuing costs being incurred, already in excess of $70,000. for legal fees and extended site security, are not in the public interest. Perhaps more important, delay does nothing to solve the underlying problem that this project is one for which San Mateo County rather than the District should have responsibility. We continue to appreciate the efforts that John and Arlen made in working with our Committee, and I look forward to other joint projects where our mutual goals can be met. Sincerely yours, Daniel Wendin, President Board of Directors DW:ej Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Mayor Wm.J. Stangei / III� 1017 Middlefield Road P.O. Box 478 Vice Mayor Brenton C. Britschgi NOOK Telephone(415)369-6251 Redwood City,California 94084-0478 (Ili ,/ 08II10POIB Councilmen u y Mario Biagi foumeUful Robert H. Bury Richard S.Claire Priscilla M.Mosher Bill Rhodes February 13, 1984 Chairman William Schumacher and Members of the Board of Supervisors County of San Mateo Hall of Justice and Records 401 Marshall Street Redwood City, California 94063 RE: HASSLER HEALTH HOME PROPERTY In response to the recommendation of our Civic Cultural Commission, the City Council, at its meeting of January 23, 1984 voted unanimously to write to the Board of Supervisors expressing our support of your efforts on behalf of the San Mateo County Arts Council in your endeavor to preserve the Hassler Health Home Property for an arts center. Further, the City Council asked me to convey to you our concern about the destruction of buildings on the property which belong to the taxpayers. By copy of this letter we are notifying the Midpeninsula Regional Open Space District of the City Council action. " Very trul your W WM. J. GEL MAYOR cc: Midpeninsula Open Space District I - ( C) -ims 84-4 Revised u ing 84-4 Fe.,ruary 22, 1984 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S # Amount Name Description 0 6674 $ 12.G& Amerigas Oxygen/Acetylene Refill 6675 400.00 Louis Bordi Road Repair-Coal Creek Open Space Preserve 16676 36.00 CFS Publication Subscription 6677 70.01 CA Water Service Co. Water Service-Rancho San Antonio Open Space Preserve , 6678 22. 79 Clark' s Auto Parts and District Vehicle Equipment Machine Shop , Inc. 6679 33.00 Patrick Congdon Reimbursement for District Vehicle Equipment 6680 6. 39 Crest Copies Inc. Blue Lines 6681 250.00 Edmund A. Guidice Ranger Training 6682 217. 78 Honeywell Protection Burglar Alarm System-Ranger Office Services � 6683 460.08 The Hub. S6hneider's Ranger Uniforms 6684 80.00 J & R Drilling Drilling for Trails Entrance-Kennedy, Road Area 6685 2,465.01 Keller and Daseking, PCB Removal Services-Hassler Architects 6686 10. 65 Langley Hill Quarry Base Rock-Ranger Residence Driveway*li 6687 451.60 Los Altos Garbage Co. Garbage Service 6688 33.02 Charlotte MacDonald Meal Conference 6689 27.58 Minton's Lumber and Supply Field Supplies 6690 512. 30 National Mailing Service Collating,Labeling and Mailing Open Space Newsletter 6691 32.20 Stanley R. Norton Telephone, Copying, and Meal Expenses 6692 11. 77 Norney' s Office Supplies 6693 352.96 On-Line Business Systems ,IncComputer Services-December- ' 6694 205.48 Orchard Supply Hardware Shop and Field Supplies 6695 21.57 PIP Return Postcards-Openspace Subscribers 6696 262.46 PG and E Utilities 6697 35.40 Photopia Photostat for District Display 6698 70.00 Recreation and Park CPRS Conference-J. Boland Conference Claims 84-4 Revised Me-ting 84-4 Page 2 F -uary 22, 1984 # Amount Name Description 6699 $2,755.00 Scribner Graphics Printing-Openspace and Progress Report Inserts 6700 118.00 Silicon Valley Travel Travel Expense -H. Grench '' 6701 42.03 Pat Starrett Private Vehicle Expense 6702 100.00 State Parks Foundation Trails Workshop-D. Hansen 6703 500.00 U.S. Postmaster Postagefor Newsletter 6704 500.00 U.S. Postmaster Postage for Meter 6705 103.12 Union Oil Gas for District Vehicles 'I6706 35.00 Alice Watt Subscription Reimbursement 16707 44.12 West Coast Shoe Co. Ranger Uniform Boots 6708 100.00 ZZZ Sanitation Co. Portable Toilet-Hassler 6709 5,000.00 IT Corporation PCB Removal-Hassler 6710 28. 76 L. Craig Britton Rental of Video Equipment 6711 8,402.51 Pinkerton' s , Inc. Security Guard-Hassler 6712 295. 72 Mountain View Discount Office Equipment and Supplies Office Supply 6713 90,000.00 Western Title Insurance Co. Purchase of Quinn Property 6714 400,000.00 Transamerica Title Insurance Wilkins Property Option Co. -6715 444.13' Fire Mountain Fireplace Co. Woodstove and Parts-Skyline Blvd. Rental Unit 16716 218.02 Petty Cash Postage ,Private Vehicle Expense, Map Duplication,Miscellaneous Office Supplies,Book,Out-of-Town P4eetings ,Local Yzal Conferences, Viedotape, and, Film I