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HomeMy Public PortalAbout19840523 - Agendas Packet - Board of Directors (BOD) - 84-13 Meeting 84-13 IqWL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT � mso/areL CIRCLE,SUITE c-1.Lnu ALTOS,CALIFORNIA o*ne (*15)965-4/17 � Regular Meeting � Board of Directors Wednesday 375 Di3tel Circle, D-1 May 23, 1984 A G E N D A Los Altos, California /7:30\ ROLL CALL | APPROVAL OF MINUTES /Mnv 9, 1984; May 12, 1984\ ' � WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED /7:45\ l . Adoption of Interim Use and Management Plan for PVrfSima Creek Redwoods Open Space Preserve -- D. Hansen /7:55\ 2' Adoption of Interim Use and Management Plan for La Honda Creek Open Space Preserve -- D. Hansen NEW BUSINESS WITH ACTION REQUESTED /8z05\ 3, Coal Creek Open Space Preserve Initial Use and Management Plan -- D. Hansen � /8:30\ 4' Proposed Addition to Skyline Ridge Open Space Preserve Of Lands Of Jenkins , Peninsula Open Space Trust, Guenther, and LOhr -- C. Britton Resolution Authorizing Acceptance Of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary Or Appropriate to Closing of the Transaction (Skyline Ridge Open Space Preserve - Jenkins Pr0p8rtv) Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate Of Acceptance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Skyline Ridge Open Space Preserve - Peninsula Open Space Trust Property) Resolution Authorizing Acceptance Of Purchase Agreement, Authorizing Officer to Execute Certificate Of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing � of the Transaction (Skyline Ridge Open Space Preserve - Guenther Property) 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 Nec8S3ary or Appropriate to Closing � Of the Transaction (Skyline Ridge Open Space Preserve - LOhr Property) (8:55) 5. New Safe Deposit Box -- H. GrenCh Resolution Establishing Signatories for Entering Safe Deposit Boxes (First Inter- state Bank of California - Los Altos) /9:00\ 8, Scheduling Of Special Meeting on June 6, 1984 -- H. Grench /9:05\ INFORMATIONAL REPORTS /COOtiDUed\ � Herbert A.orenu*General Manager Board*Directors:Katherine Duffy,wone.tee.Ha~m^monaxons^aw.Richard a Bishop,Edward a.Shelley,Harry^.Turner,Daniel awondm Agenda May 23, 1984 Page two CLAIMS CLOSED SESSION (Land Negotiation, Litigation and Personnel 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 Communications. 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 included in the minutes. i Meeting 84-11 Page two WRITTEN COMMUNICATIONS (cont. ) A letter dated May 2, from W. Gordon Eustice of Los Altos stating he owns about 8 acres on upper Ravensbury which is burdened with an easement to Neary Rock Quarry which is restricted to Neary and private use, not for public use. He protested that the District is providing easy access to primitive areas; and A letter from the City Clerk of Mountain View stating the letter from the District regarding leasing of Crittenden Marsh' had been referred to the Park Superintendent of the City. R. Bishop stated, with the Board's concurrence, that the communications would be referred to staff for appropriate action. IV. ADOPTION OF AGENDA R. Bishop stated the agenda was adopted by Board consensus. V. ORAL COMMUNICATIONS There were no oral communications . VI . SPECIAL ORDERS OF THE DAY A. Resolution in Support of Proposition 18, the California Park and Recreational Facilities Act of 1984 H. Grench summarized memorandum Y1-84-48 dated Mav 3, 1984. He said the District had benefitted from $2.6 million in proceeds of the State Park Bond Acts of 1974, 1976 and 1980, contributing to the acquisition of Rancho San Antonio and Monte Bello Open Space Preserves. Adopting the resolution of support for Proposition 18 could benefit the District by the publicity it would generate along with the Letter to the Editor supporting the proposition which D. Wendin wrote to a number of newspapers. Motion: E. Shelley moved that the Board adopt Resolution 84-21, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District. Supporting Proposition 19 Which Places before the Voters of California June 5, 1984 a Bond Measure to Provide Funding for Parks and Recreational Land Acquisition, Development and Other Related Purposes. K. Duffy seconded the motion. The motion passed 5 to 0. VII. OLD BUSINESS WITH ACTION REQUESTED A. Adoption of Interim Use and Management Plan for the Cho Property Addition to Rancho San Antonio Open Space Preserve D. Woods reviewed memorandum M-84-46 dated May2, 1984 and stated the District had received numerous letters regarding the disposition of High Meadow Stables, and tentatively has scheduled a public workshop for June 11, 1984 to address the issue. Staff has proposed that the trail use conflict be brought forward at the Mid-peninsula Trails Council workshop tentatively scheduled for August 6 which will address District trails generally. He noted an error on page two of the memorandum in the first line of the second paragraph, stating the wording should read: "Staff will now proceed to hire a consultant. . . " and continued that the consultant is expected to be engaged prior to the public workshop. He said staff is looking for a consultant with a background in environmental studies and familiar with stable operations. He noted the addition of a sixth use and management recommendation regarding the installation of a pipe gate and stile. To R. Bishop's question regarding when a staff recommendation regarding Meeting 84-11 N MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94M (415)965-4717 BOARD MEETING BOARD OF DIPYCTORS MAY 9, 1984 MINUTES Z . ROLL CALL In the absence of the President and Vice President, Secretary Katherine Duffy called the meeting to order at 7 :35 P.M. Members Present: Katherine Duffy, Edward Shelley, Nonette Hanko, Teena Henshaw and Richard Bishop. Members Absent: Daniel Wendin ar_d Harry Turner (who arrived for Closed Session at 10:30 P.M, ) . Personnel Present: Herbert Grench, Craia Britton, Charlotte MacDonald, Del Woods, William Tannenbaum, James Boland, Patricia Starrett, Alice Watt, and Emma Johnson. Motion: K. Duffy moved that Richard Bishop be elected President Pro Tempore for the meeting. N. Hanko seconded the motion. The motion passed 5 to 0 . II. APPROVAL OF MINUTES A) April 11, '1984 Motion: E. Shelley moved the approval of the minutes of April 11, 1984. N. Hanko seconded the motion. The motion passed 5 to 0. B) April 18, 1964 Motion: E. Shelley moved the approval of the minutes of April 18, 1984_ T. Henshaw seconded the motion. The motion. passed 5 to 0. C) April 19, 1984 Motion: E. Shelley moved the approval of the minutes of April 19, 1.984 . T. Henshaw seconded the motion. The motion passed 5 to 0. D) April 25, 1984 Motion: E. Shelley moved the approval of the minutes of April 25, 1984_ N. Hanko seconded the motion. The motion passed 5 to 0. IIT . WRITTEN COMMUNICATIONS E. Johnson stated the following communications had been received: A letter dated April 9 from J. Barinka of Los Gatos objecting to bikers on trails, especially Kennedy trail, suggesting that horses and bikers do not mix. He said he "feels. . .that the Board and possibly POST are not servina the needs of equestrians" . A letter from Assemblyman Byron Sher, dated April 23, thanking the District for its support of SB 1470, and adding that while the bottle bill failed passage, its sponsors have indicated they will pursue similar legislation next year. it Meetina 84-11 Page three the stable may be ected, D. Woods stated t, it depends upon how long the study will take, but he anticipates it would be approximately two months from the date the consultant is hired, and to R. Bishop's question regarding when the public will have an opportunity to exp- ress, opinions on the use or disposition of High Meadow Stables, D. Woods stated it would be at the tentative June 11 meeting at the Mountain View Recreation Center. Lorraine Oleynik, 10225 W. Loyola Drive, Los Altos, asked if the consultant will address the issue of traffic on Ravensbury Avenue and parking. D. Woods responded that all potential impacts will be studied and that staff is not recommending additional parking in the area. C. Britton added that the current capacity of the stable is limited by the new interim rental agreement. Beverly Fike, owner of High Meadow Stables on Ravensbury Avenue, Los Altos Hills, asked how the rental amount was decided. R. Bishop suggested that she discuss the rental agreement with W. Tannenbaum who negotiated the agreement with Mrs. Fike. Christine Bate, 23344 Camino -nermoso, Los Altos Hills, asked if the environmental study would take into account the supply of fresh water and was assured by D. Woods that the study would include all utilities. Joyce Besser-Anderson, 11491 Old Rancho Road in Los Altos Hills, stated her opinion that the District is supportive of different groups and is helping to keep horses in the area by making it economically feasible. Bob Stutz, President of the Los Altos Hills Horsemen's Association, stated the Association would like to see the stables retained, and suggested that the consultant hired by the District investigate the East Bay Regional Park District stable operations. K. Duffy asked if the consultant will be doing an economic study and said she would like to see information on what other agencies do with horse concessions, including costs and income, because there is a philosophical question of income versus service by the District. E. Shelley noted that the Board has adopted policies on concessions. C. Britton stated consultants generally do an economic analysis of other operations and added that High Meadow Stables is basically a private operation, not a public stable such as other districts have. B. Fike stated she would like to see the studies the consultant does on the comparison of prices of different stables. Laura Garman, 1600 Peterson Avenue, asked the Board to consider the human element when making its decision. Motion: E. Shelley moved that the Board adopt the interim use and management plan contained in report R-84-15 and amended in memorandum M-84-46, and dedicate the property as public open space. N. Hanko seconded the motion. The motion passed 5 to 0. B. Final Adoption of Interim Use and Management Plan for the Bachtold Addition to Windy Hill Open Space Preserve D. Woods summarized memorandum M-84-45 dated May 3, 1984, noting that staff had received no public comments on the recommended use and management of the property. He stated staff is continuing to recommend demolition of the house. H. Nanko stated it was not clear if staff was recommending demolition- H. Grench confirmed that demolition was being recommended and would implement it as soon as possible if the use and management plan was adopted. Meeting 84-11 Page four Motion: E. Shelley ived that the Board adopt _ae interim use and management plan as contained in report R-94-16 and dedicate the property as open space. K. Duffy seconded the motion. The motion passed 5 to 0 . C. Notice of Completion of Contract and Acceptance of Work for Electrification Project W. Tannenbaum, re erring to memorandum M-84-47 dated May 3, 1984, stated the work on the former Bean house has been completed and inspected; Lotion: E. Shelley roved that the Board approve the Notice of Completion and Acceptance of Work and authorize execution by the President and payment in the amount of $30, 450 to East Bay Electric Company. K. Duffy seconded the motion_ The motion passed 5 to Cxa VIII . NEW BUSINESS WITH ACTION REQUESTED A. Proposed Addition to Sierra Azul Open Space. Preserve (Carter Propert; � C. Britton pointed out on the map the location of the 10 acre parcel of land and summarized report R-84-23 dated May 3, 1984 . He said the Santa Clara County Trails and Pathways Plan indicates a proposed trail corridor in the vicinity of the property. - Harry Haeussler, 1094 Highland Circle, Los Altos, asked why the District is acquiring the land if it is on the County Trails Plan. H. Grench responded that the County has no implementation program except as it relates to their parks program. Motion: K. Duffy moved that the Board adopt Resolution 84-22, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate I4 of Acceptance of Grant to District and Authorizing General 4 Manager to Execute Any and All Other Documents Necessary to 9, Closing of the Transaction (Sierra Azul Open Space Preserve - Carter Property) . E. Shelley seconded the motion. The motion passed 5 to 0 . Motion: K. Duffy moved that the Board tentatively adopt' the use and management recommendations contained in report R-84-23 and indicate its intention to withhold the property from dedication. E. Shelley seconded the motion. The motion passed 5 to 0. B. Amendment to Agreement for Personnel Consultant Services H. Grench reviewed memorandum M-84-44 dated May 2, 1984, stating that the new proposed agreement with Foss and Associates is similar to the old agreement except for the fee and that it now explicitly says that the Board may give assignments directly to Mr. Foss through the President of the Board. N. Hanko expressed her concern about the potential for conflict of interest with the consultant working for the Board and the staff. E. Shelley said that, as a professional person, a consultant would recognize that he is completing a Board assignment, rather than a staff assignment. R. Bishop added that the Agreement merely gives the Board the option to employ the consultant. P P Y Motion: E. Shelley moved that the Board approve and authorize the President of the Board of Directors to sign the agreement between MROSD and Foss and Associates. T. Henshaw seconded the motion. The motion passed 5 to 0. Meeting 84-11 Page five C. Extension of Leaislative Consultant's Contract H. Grench referred to memorandum M-84-43 dated April 30, 1984, and noted that the fee would remain the same as last year. He said that California Advocates, Inc. has done outstanding work for the District in the past and that the Legislative Committee recommends renewing the contract. Motion: E. Shelley moved that the Board authorize the President to sign an amendment to the Contract with California Advocates, Inc . to extend the agreement from June 30, 1984 through June 30, 1985 . K. Duffy seconded the motion. The motion passed 5 to 0 . IX. INFORMATIONAL REPORTS H. Grench reported that the Environ_TMtental xuality Coordinating Council of San Mateo County had donated money to install a bench on Parisi.-:ia Creek Redwoods Open Space Preserve in honor of Jean Fassl.er and that staff will be looking for a location for the bench. Robert Fisse, Star Route 2, La Honda, suggested that the District employ a local artisan to design and execute the bench and said he would suggest someone. C. MacDonald reviewed the final schedule for the Special. Meeting on Saturday, May 12, 1984 . X. CLAIMS Motion: E. Shelley moved that the Board approve Revised Clai:^s 84-9. ' T. Henshaw seconded the motion. The motion passed 5 to 0 with N. Hanko abstaining from Claim No. 6963. XI. CLOSED SESSION The Board adjourned to Closed Session at 8 :35 P.M. -XII. ADJOURNMENT The Board reconvened to adjourn at 10:36 P.M. Emma Johnson Secretary Meeting ' 84-1 -� MIDPENINSt' REGIONAL OPEN SPACE DIS" CT May 9, 1984 C REVISED LAIM S Amount Name Description_ _ 6946 $ 213.00 Air Flight Service Aerial Photo _ - 6947 336.00 Accountemps Temporary Office Help 948 210.00 Al Septic Tank Serv. Inc. Pump Septic Tank - Coal Creek and Mt. Melvil- 6949 50.00 Mrs. Alice Bachtold Purchase of Brush Cutter 6950 17.69 Bob Barlow Mt. Lmunhum Road Repair 6951 2, 950.00 Gene Sheehan Trail.. Construction I i952 29.13 Crest Copies Reproduction I6953 900.00 California Advocates Legislative Consultant Fee-Apr 6954 213.00 Communications Research Co. Radio -Maintenance Service 6955 300.00 Del Woods Educational Assistance 6956 166. 13 First American Title Title Insurance - Grossmith Guaranty Co. Property 6957 400.00 Foss & Associates Personnel Consulting Fee - A_vr_ 658 220. 88 Mary Gundert Educational Assistance and Private Vehicle Expense �959 500.00 ' U-S. Postmaster rasta:.e 6960 1$1.87 Her Grench Meal Conferences and Out of Town Meeting h461 174. 39 Good Co. Press Office Supplies 962 50.00 David Hansen Partial Reimbursement of Professional Dazes 963 126.52 -I.B.M. Typewriter Supplies i964 119. 18 Ketch All Company Field Equipment '0965 7.46 Los Altos Stationers Office Supplies '6966 60. 74 Mobil Oil Co. Gas - District Vehicles 5967 64. 17 Merdith Newspaper Ad - Bookkeeper 5968 209.56 Micromedia Inc. Microfilrzing of Documents 969 193. 87 Monte Vista Garden Center Field Supplies Y 6970 49. 40 Stanley Norton March Expenses - Copying and.. Meal. Conferences �971 39 .75 Norneys Office Supplies 972 87.23 Olsten Temp. Service Temporary Clerical Services �973 929. 95 Pacific Bell Telephone Service 6974 225. 67 Petters Office Furnishing Book Shelf 5975 255. 85 Randazzo Auto Upholstery District Vehicle Expense 5976 300.00 Susan Cretekos April Patrol Services - Wind.:Li: Pasture Claims 84-9 REVISED Meeting ' -11 May 9, 4 Amount Name Description �977 $ 248. 16 San Jose Mercury News Ad- Bookkeeper �978 10.00 Stanford University Subscription-Campus Report 6979 385.26 Scribner Graphic Press , Inc. Brochure Printing-Monte Bello >980 180.00 San Jose Plating Works , Inc. District Vehicle Expense 981 200.00 John Wild Stable Use Study -9$2 290.04 Western Fire Equipment Co. Tank Painting F'983 147.65 Alice Watt Private Vehicle Expense �984 610.00 Water Sure Chlorinator 985 172.43 Tools-R-Us Miscellaneous Field Supplies 3"986 100.00 ZZZ , Sanitation Co. Pimping of Monte Bello Septic 71 �987 431. 83 Xerox Monthly Maintenanc4IMeter Run 988 50,000. 00 Valley Title Co=any _Azgcui.s__;i.on of Carter Pro_ perty 989 30,450.00 East Bay Electric Electrification of Residence at 22400 Skyline Boulevard 990 6,405.54 Transamerica Title Services Title Policy - Wilkins Property 991 1,627.50 First American Title Title Policy - Bach-told Propert. Insurance Company 092 651.34 Western Title Insurance Co. Title Policy - Quinn Property 993 25, 080.13 Keogh, Maier & Flicker Lecal Fees 994 150. 00* Le Moulin o •Rouge Deposit for May 12 Box Lynches y5 107.71 Petty Cash Photography Supplies and Pro- cessing, meal Conferences, Park: Postage, Book, and Demolition Permit for Coal Creek Open Sp Preserve 6996 26Q.00 Le :Moulin Rouge flay 12 Box Lunches * Emergency Check Issued May 4 , 1984 Meetincr 84-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA M22 (415)965-4717 SPECIAL MEETING BOARD OF DIRECTORS BUS TOUR MAY 1 , f984 MINUTES- 1. ROLL CALL Vice President Harry Turner called the meeting to order at 9:00 a.m. at the Rancho San Antonio County Park parking lot. Members Present: Teena Renshaw, Katherine Duffy, Edward Shelley and Harry Turner Members Absent: Daniel Wendin, -Richard Bishop and Nonette Hanko Personnel Present: Herb Grench, Craig Britton, Jim Boland, Charlotte MacDonald, Joyce Nicholas, Del 'Woods, Dennis Danielson, and Lea Brown Others Present: Forty-one Public officials and guests 11. TOUR OF THE LANDS With district representatives aboard each bus, five chartered buses from the Redi-Wheels unit of the San Mateo County Transit District toured Rancho San Antonio Open Space Preserve including Deer Hollow Farm and the Duveneck Windmill Pasture Area; Foothills Open Space Preserve, Monte Bello Open Space Preserve, Los Trancos Open Space Preserve, Coal Creek Open Space Preserve, Russian Ridge Open Space Preserve, Windy Hill Open Space Preserve, Skyline Ridge Open Space Preserve, and the Picchetti Ranch Area of the Monte Bello open space Preserve. III. SPECIAL TALK AT WINDY HILL A talk by H. Grench and Bob Augsburger -of P.O.S.T. was given at the Windy Hill Open Space Preserve about the award-winning project. lV. LUNCH AND DOCENT WALK Lunch was held at the Frances Brenner Memorial Vista Point at the Monte Bello Open Space Preserve. A docent walk was led after lunch by Joyce Nicholas. V. ADJOURNMENT The buses returned to Rancho San Antonio County Park parking lot where the meeting adjourned at 4 :30 p.m. Lea Brown Secretary Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.lumer,Daniel G.Wendin WRITTEN COMMUNICATIC Meeting 84-13 LAURA ANNE BRYAN May 23, 1984 ATTORNEY AT LAW 2000 Broadway at Main Telephone 369-4600 Redwood City California 94063 Area Code 415 HAND DELIVERED Board of Directors May 22, 1984 Midpeninsula Regional Open Space District 375 Distel Circle Los Altos, CA 94022 Subject: Acquisition of La Honda Creek Open Space Preserve Date of Consideration: May 23, 1984 Agenda Item No. 2 Members of the Board of Directors: Please be advised that this office represents the interests of Eric and Margaret Krebs. The Krebs own property which will be affected by any use of the proposed acquisition of the above-described preserve. We respectfully wish to inform you as board members, representing the Open Space District, that the Krebs have serious reservations of any public access through their property to said preserve. Just as your consideration of this acquisition is in its preliminary phases, so is our review of the existence, location and appropriate use of any easement servient to the Kreb's property interests to the benefit of any other property owner, including the Open Space District. We request notification of any consideration pertaining to this acquistion and preserve to be sent to both my office and the Krebs' mailing address, which is: Eric and Margaret Krebs Post Office Box 384 La Honda, CA 94020 Thank you for your consideration. Respectfully, LAB:bw LAURA A. BRY WRITTEN COMMUNICATION Meeting 84-1 May 23, 1984 gmek qA). qa9deh 22548 Tavenbuky Acme sbg Atog, Cad tjo,�.qia 94022 5-18.84 Board of Directors Midpeninsula Regional Open Space Dist. Gentlemen : would like to comment on the operation of the High Meadow ranch, and the general problems concerning the access to the park thru Ravensbury Ave. Perhaps I should first indicate my qualifications to make any comments. have spent my life in the out of doors, back packing the Sierras with other men and taking groups of boy scouts to teach them the handling of pack animals. I have worked as a packer in the Sierras and know the country from the Donner area to Whitney. In addition to the above I have been a rancher, licensed big game wide and outfitter, and owned and handled more horses than are presently boarded at the High Meadow ranch. My present home is my old horse barn renovated to a dwelling dDout twenty years ago and located just above the High Meadow ranch. On renovation I put my horses on the Perham ranch (now the park) and spent many years work- ing cattle and riding with the Perham family. My comments concerning the ranch are that we have twice reported them for health reasons due to severe fly infestation. The health department of the county sent an inspector both times and I understand made them corree t some of the problems . I have visited the ranch a number of times and find the conditions to a horseman like myself to be deplorable. On one occasion they called me to handle an emergency situation they could not mope with, and when I gneen �l,U. Sugden 22548 Tavensboy Avenue Uos Afos, CaNjowa 94022 Page 2 I had untrapped the horse in the stall I found the stalls and surrounding area in a filthy unsanitary condition. As regards the access to the ranch on an easement thru my property, constant traffic means that my garden and home are covered with dust all during the summer. In addition with no control over use of the road we are � plagued with early morning drinking parties with the usual loud shouting and next morning trash. As I mentioned in my last letter we have lived here for twenty six years and watched the game disappear, the area become filled with car traffic and the peace and quiet of a rural atmosphere we love become non existent. The fire hazard, with the greater influx of people has of course become a matter of grave concern to my family since with only one exit (probably thru the burning area) we are trapped. Cars are parked at random on Ravensbu diredtl under "no parking" signs, in some � y P g cases blocking access by fire equipment. Calls to the police, sheriff and park rangers get no results. In one instance a car was left on the reach road and when the sheriff came in response to my call he stated it belonged to a known house breaker and thief but that he could not take any action since it was on a private road. The history of the road involves the sale of several hundred acres many years ago to Neary by Howard Watson. Mr. Batson also owned the 14 acres that I purchased, and with the larger sale he gave Neary the casement thru my property,with the clear understanding that it was for personal use and was not have any commercial use. For this reason Neary kept the road secured for a great many years with a reinforced gate and many "no trespassing" signs. gheeh qV. Sugden 22548 T- avensbuxg Avenue jog Aftos, Cdi�ohwa 94022 Page 3 I agreed with Leary on the road closure since it aided in the preservation of the wild life, but with the opening of the road the problems began. Not only with the two previous horse operations but with constant trespassers, noise and suspicious intruders. I have been granted a weapons permit by the sheriff and coming to or leaving my home after dark I am armed. It is my considered judgment that access to the park should be controlled with only one entry-thru St. Joaphs. The Ravensbury gate sho!ild be locked and used only by park rangers and the fire department. There is adequate land for visitors to roam and enjoy without being able to drive to the west end of the park and park their cars. Visitors should be checked into and out of the park as at the present time no one knows who is there. It is only a matter of time until someone is injured, killed or attacked there and no one will know about it until they happen to be found. People should be checked into and out of the park - at present people can go in and spend the night or several days without any supervision. Thee fire hazard as I have mentioned can be catastrophic , as Arthur Perham and I found out on several occasions when we found people building campfired. I sincerely hope the directors will accept the above comments in the spirit intended. I have spent my life out of doors and know how much it means to others to share it. I also know you cannot open land recklessly to uncontrolled groups of people without tragic consequences. I gneen FLU. Sugden 22548 Tavensbuny avenue Sfos Afos, Cdfi wa 94022 Page 4 I have spent my life in California. My family came here during the gold rush, (Greer st. in Palo Alto is named for my mother's family) but I spent a number of years in Jacksoffi Hole Wyoming and witnessed several serious episodes that could have been controlled. Enforcement care too late but is now in effect. One only has to see day old fawns torn to pieces by stray dogs and cats trotting up the road with baby rabbits in their mouths , and quail nests destroyed thru carelessness to understand my feelings. Sincerely, Greer W. Sugden i WRITTE17- COMMUNICATION S/Zo/Sy Meeting 84-13 � � a May 23 , 1984 RI-if e, s ce le Ae / l� Z_ os /As CQ /, 71eiv4 /-It y�dz Z ZQ �+� Aj l 0 7 f 1 "0 k l/ (o�C //C Cr ✓� 1/L14 i✓�/�!� S/%jLP /ale `l/ �S/ G�G� �C v�� �11 /A� J Creel �fs SAJ , �1^i��G C6ks ]Lr�c oti wll� 6 e_ J o k?e la l C Ve Ai 6l e kr,I GZ J • z c6 74�P & r'1,ot 2 �jvcUPvC�v a r-oaot e Tw c if- vt a, hlot.,A Av C-- l ,e to K I'Ae A � " �/l A4�- ) spa e �'/ slWe re u./VP5 u,s,e 5evev"4,1 -y el -5�11,11 A,., //a cu c a rs Ao -Aa c K - on o< l-q !ld ON f cue �S �o � c�t.1� u r o�a,� !.0 i �� t/�'1 R �Q � l"� ✓? 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Ala v 2 �ee✓i 4v- `✓ev t,/-n� -� ACC d e.A /-ki ro ;(A owe. IN `t-i✓e w v o-� T/'eu d l'l d V a& wb�e 4 1 4QV 7 &k.W Cl / 0 pine f2 w tS ►S �a �vt c E � y f�� e �s��f h �o���� o� a l► C � �� CP'Ss QC Q a� 0;7 P ael/ Ck C-- CA- te-zx ('o r s�fK�� a C c Bess d✓► l� �vv�-�. /-L-� S YL y �f�a e � Cd n s�K�► � lJ ��PS P cam► q�t��! C GC d C /�'►�-' P S e7Tv"� Ta �e X ,`►'1 ,orep s e y'v i /l-le 41 fl—.e as eo ,s f t cc-, C.( '"9 hell 1fIR400-wteo( 010 / q'P fev lDlPf .0 e 11" n P.0 .6,p, ce►-e P,,,adevo Ca/ 9�CX WRITTEN COMMT 7ATION Meeting L 13 May 23 , 1984 SEc L014 Au Du?--;)c>ti SC)O ETY IQC. SAN /AATEO COUNT-r, CALI Fb;Lwi -. J�c�aper Of'LA& U&04a L QA"�JDOn Socaet� May 9 , 1984 Mr . Daniel Wendin , President Board of Directors Mid Peninsula Regional Open Space District 375 Distel Circle , Suite D1 Los Altos , CA 94022 Dear Mr . Wendin : On behalf of the Sequoia Audubon Society , it gives me great pleasure to inform you that the Mid Peninsula Regional Open Space District has been chosen as an award winner in Sequoia ' s First Annual Awards Program ( see enclosed brochere for details) in the category of "Open Space/Unique Ecosystem Preservation" . The District ' s acquisition , preservation and development of significant and sensitive properties in San Mateo and Santa Clara counties makes an important environmental contribution to our current and future generations ' quality of life . The awards will be presented at Sequoia ' s June 14th potluck dinner and general membership meeting in San Mateo . The dinner will begin at 6 : 30 p .m. with the awards presentation starting at 8 p .m . We hope you will be able to attend as one of our honored guests . We will be contacting you in the next few days to answer any questions and to confirm attendence . Once again , congratulations . Sincerely , SEQUO AUDUBON SOCIETY , INC . Richard B . Baird President rbb :mm encl : COMMUNITY AWARDS AUDUBON CAUSE Open Space/Unique Ecosystem Preserva- tion One or more awards in each of the 5 ones ma be given to individuals, To be given to those who have defended Cate g y g and protected the public trust and work- To arouse through public education, groups, business, or, governmental p agency for projects or activities within ed for the preservation/protection of public recognition of and the need for pro- San Mateo County. openspace/unique ecosystems/flora/- tecting native wildlife and plant communi- fauna within San Mateo County. ties, air, soil, and water, as well as the in- terdependence of these several natural resources. Environmental Education Research To study and conduct research essential to To be given to those, who through To be given to those who through field the formulation of sound policies in the public education have contributed to and/or lab research have added signi- field of conservation. the better understanding of the inter- ficantly to the knowledge of native dependence of natural resources and ecosystems, flora, or fauna found To foster the preservation of native the need for protecting native eco- within San Mateo County. species so that no species may become systems and wild fauna and flora. threatened with extinction. To promote the protection and preserva- tion of natural resources, including the en- Energy and Resource Conservation couragement, establishment, and main- To be given to those who have CHAPTER AWARDS tenance of nature sanctuaries, and nature demonstrated overall significant reduc- centers and interpretative programs. tion in the consumption of energy or who have significantly used substitute Leadership Award To promote rational strategies for energy renewable energy sources. development and use, stressing conserva- To be given to a chapter member who has tion and renewable energy resources. Or to be given to those who have demonstrated through outstanding service, demonstrated strong commitment to the exceptional commitment and dedication to conservation/recycling of all limited, To protect life from pollution, radiation non-renewable natural resources. the goals and membership of the Sequoia and toxic substances. Audubon Society. To further the wise use of land and water and speak for the public interest in public Solutions to Urban Problems Activity Award lands and waters. To be given to those who have To be given to a chapter member who has demonstrated or successfully promoted improved or developed and implemented To promote awareness of and actions to environmentally sensitive development an activities program which contributes to solve global environmental problems and and/or rehabilitation within the urban the goals and purpose of Sequoia work for the stablization of world popula- corridors of San Mateo County. Audubon. tion. I NOMINATION FORM 1983-84 NOMINATION FORM 1983-84 Describe in 150 words or less why you feel the Nominee's Name nominee should be presented with an award.Please use specific examples- such as but not limited to Address volunteer or paid work, participation in Sequoia chapter activities, community activities, related for- Home Phone mal and informal education. If applicable give name, address, and phone of The Awards Committee may not necessarily present organization, business, or government agency. an Award in every category. The Awards will be presented at the Sequoia Audubon June 14, 1984 General meeting and pot- luck dinner. SEQUOIA Audubon Member: Yes No Unsure If you have any questions, contact Donna Kirsacko List other organizations(educational or environmental) at the Audubon office, phone 593-7368. AUDUB011T SOCIETY nominee participates in: Return Nomination Form to: AWARDS PROGRAM P.O. Bog 1131 Burlingame, What is your Name CA 94010, by March 21, 1984. Address Home Phone Work Phone(optional) � for outstanding Are you an Audubon member?Yes No How do you know of nominee and his or her activi- Contributions to ties? co-worker co-volunteer friend The Awards program is to recognize, com- mend, an an those w have:purpose of the Sequoia Audubon the environmental 3se circle Awards category you feel the nominee mdd thank thho h Auld be considered for: qutY Of(Nominee must be a member of Sequoia Audubon) a) significantly contributed to the San Mateo Chapter Leadership Chapter Activity oafs g County 1983-84 advancement of one or more Community(nominee does not have to be a member of the Audubon Cause. of Sequoia Audubon) Environmental Education b) explained Audubon to the general public and promoted the goals of Energy and Resource Conservation Audubon Solution to Urban Problem c) contributed outstanding service to Open Space/Unique Ecosystem Preservation the Sequoia Chapter and the Na- Research tional Audubon Society. WRITTEN COMMUNICATI(" Meeting 84-13 May 23, 1984 to SHORELINE AT� MOUNTA I N-V I FW May 8, 1984 Mr. Daniel Wendiny President Mid-Peninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Dear Mr. Wendin: The City Clerk has forwarded your letter of April 12 concerning the Crittenden Marsh area to this office for consideration and a recommendation. The maintenance and operation of Shoreline have just recently been transferred to this officet and it will be several weeks before I can formulate a formal response to your request. Although I personally believe your request at this time is reasonable, before any decision can be made, I want to first look into the liabilities associated with the City leasing Crittenden Marsh by (1) checking with the County as to when they expect to complete Bay Front Trails, and (2) what formal arrangements have been made for them to patrol this area. Sincerely, Glenn Lyles Parks Superintendent GL/get, 39 709-5-8L cc: Mr. Herb Grench, General Manager Mid-Peninsula Regional Open Space District Mr. Ed Shelleyp Director Mid-Peninsula Open Space District Mayor; City Manager POST OFFICE BOX 10 MOUNJAIN VIEW, CAUFORNIA 94042 TELEPHONE 415-966-6311 WRITTEN COMMUNICA' N Meeting 84-13 May 23 , 1984 Robert E. Rice 150 Wooded View Dr. Los Gatos, Calif. 95130 i/ to M-84-52 (Meeting 84-13 May 23, 1984) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 17 , 1984 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Woods, Open Space Planner; A. Watt, Environmental Analyst SUBJECT: Adoption of Interim Use and management Plan for Purisima Creek Redwoods Open Space Preserve Introduction: At your April 18 , 1984 meeting, you approved exercising the option to acquire the lands of Wilkins along Purisima Creek, creating the second largest preserve in the District (see report R-84-21 , dated April 13 , 1984) . You also tentatively adopted the use and manage- ment recommendations in the report, named the property Purisima Creek Redwoods Open Space Preserve, and indicated your intention to dedicate the property as public open space. The former Whittemore Gulch Redwoods Open Space Preserve would become an area of the new preserve. Escrow closed on April 20, 1984, and staff has received no additional public comments. Discussion: Additional topics and potential problems which were not covered in the acquisition report include the following: 1. Illegal Entry to Preserve a) Currently there is only a chain across the Tunitas Creek Road entrance, and it is an easy access point for illegal vehicle entrance to the Preserve. A neighbor has parked his trailer on District property adjacent to this entry road. b) A new motorcycle path has been pioneered from Skyline Boulevard to the dirt road along Purisima Creek to circumvent the pipe gate there. c) There apparently has been some illegal grading work done in the area at the end of Ridge Road in connection with one or more structures built without permits in the Redwood Park sub- division. The attached letter dated May 15, 1984 indicates the District' s position on this matter. 2. Hardwood Logging The former owner of the property had contractors removing hardwoods (oak and madrone) from the Tunitas Creek Road area of the propery to increase the size and yield of the redwood forest. When the contractors completed the work last fall, they left some unprocessed logs which they still plan to remove from the property. It was agreed during the purchase negotiations that this would be allowed and that the District would receive a portion of the proceeds. 3. Revegetation Program The District has been approached by the former owner' s forester about completing a project he undertook under a State grant pro- gram. It involved thinning the suckers around existing redwood M-84-52 Page two trees and planting additional redwoods in a 60 acre area where the hardwoods were being removed, with the goal of increasing redwood stocking. Only the planting is left to complete. It is doubtful the state grant program could be completed because of the District' s intent not to harvest any timber. As a result of the above discussion, the following use and management recommendations should be added to the interim use and management recommendations listed in report R-84-21: 9. A pipe gate and a hiking-equestrian stile will be installed at the Tunitas Creek Road entrance to the Preserve. Cost is estimated at $900, and work will be scheduled for summer, 1984 . 10. The owner of the trailer parked on District property adjacent to the entry road off Tunitas Creek Road will be requested to relocate the trailer to the owner' s own property. 11. A motorcycle barrier will be installed across the new motor- cycle path that has been pioneered from Skyline Boulevard. Cost is estimated at $100 and work will be scheduled for summer, 1984 . 12. The contractors will be allowed to continue removing already cut hardwood logs, but will not be allowed to cut any more. Rangers will monitor the log removal until completed and make sure the area is left in an acceptable condition. 13 . The revegetation proposal will be evaluated. Recommendation: I recommend you adopt the use and management plan as contained in report R-84-21 and amended herein and dedicate the property as public open space. i v Nike MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 May 15, 1984 David Hale, Planning Director County of San Mateo County Government Building 590 Hamilton Avenue Redwood City, California 94063 Subject: Purisima Creek Redwoods Open Space Preserve Claim of Prescriptive Easements--Redwood Park Subdivision Dear David: Recently, interested parties have requested information from the District regarding the subject issue, and most recently Roman Gankin of your office has again inquired about these easement claims_ The District =•acquired red th e e Wil kins lkir_4 s Puri sima Canyon property on April 20, 1984. At the time of acquisition there was a controversy (which continues today) as 'to a claim. of prescriptive road rights to three (3) illegally Y built lt cab ins s in the adjacent Re dwood edwood Park subdivision es(Nun Haxthausen hausen and Read parcels) . This matter was investigated in the field, maps and files were reviewed, and the matter was dis- cussed at some length with Mr. Wilkins (the former owner) _ Our conclusions are as follows: 1. The Haxthausen parcel is subject to a lease (the District is the successor lessor) , in which Mr. Haxthausen waives any and all prescriptive claims. 2. Mr. Wilkins was aware of the illegal road constructed to. benefit these parcels and regularly removed and obliterated the road. This was last done in the fall of 1983 and the road has not been reopened. A recent illegal grading attempt was halted by the County. Mr. Wilkins considered the road a trespass and treated it as such. The use lacked continuity during his ownership of the property (since 1977) . I I I i J.. l,l } ,�/` ti r��Jr1 ,costa. Site Map <� I 7 Skyl ine 61`vd ,7� ( - "° ), San Car os \� ,`Z • ,.,..,. `4� '�..'<<. PURISIMA CREEK REDWOODS /,r ��� �y�((- Plse (k tg f ) ) j S%' � "OP a f ��, i .;•• ... OPEN SPACE PRESERVE I>�(;, �,��,�� (, j / f Jnx ""E r, A �Hil{Moon Bay nEfucE Q� Asa g �O Scale 1" = 2000, ANorth �-� , a - � <1 _ 1 - � ti/ � f � i 3 �. � Menlo �USe` `_\�11/1 ' ` 'H;•"�i Ra (,�swr•'ti w\M' .4 7 f f1 ` ar Y�j�.,r-SS� _��! \•�'`� / �� _ • 1 / au. ',rsr,r, z • f v►a ��� �LJLIf ��l�/I, �c_��^ -� ( t �Zl. \� ,%'� � _ '1`1 • .\ � ' �"�� __�/ `'o ; o' ss. 6 - � i� �.���� .j 7 y -�_.__ _- � f n. ... ,/ Wit_! ` i J� �•s• (� l � �s�r Q � - •'bye-K�•,� rown Trail,� - ,�t •Y? _ :i ��lu tahaos a y p° ? Po'ola f/ 9 - sr lone, Val e •:::• - i ::✓�j sall :::• ,- %-- passab •` ��. Current le� �, - - Y_Im e , ; C mstock X. // =�� ����I �IQ% Tlf �J -� / _ /�� ,� \t,• • ; Tunilas ib, X. XIL 41 Bridge = - '1 t / �(� t ,r 4 . �o p `,.::.;. rHuddart Park - �/ uu� �.... �:. Higgins-PUriSInto FIC, 'k Iwo �r� 1-„�"� i•t 5 •`c,'.t \ � •'�/•. , `� � ��: r �;, 0 III / •,.ter --*..' �(/(\ ` , .� .Wa<(er,1 s •.�� ���� � l� .III`-.�.�j `�r ��. .j ) );/ ��_ u(.11 -.\w.] �(�i _ ../ (I I :i, / � M•�,�, �7 �.� ,S(� �- .r,• �� �: ao �.a`Closed Area' :,�� �' �� - 1� r � �-� �✓ 1 r1�)� - .�.\ \ � j --' sip �.:-.. �x � • '::X. ' 3X Tunitas Creek RoadJ,�,� , - t � ��� L '� �� ¢te t ✓�,; :, 1/ ,, ��, ,'�'' �' ` ���Vrter �r .....�. � �` j� �r Ie b � � � r; ��' � // /r\(J a .�••-�, � _ f j Sri � � - � ' , , � ,�;,-'� 1 �(l Pm �� •11 (! I �- ��� /�� �-�,. \- '�, J����=-'rl../ `V ''{%j —` I r �,�` t• , }TFTi �M a` i �,,, ,1 ';l' 1`l � �., � �' 'f •.rr r �•r'••'r'r•{•;:•}.•xdr•„•:•.;{r;.}rr: ••• w,r; •••• r•;r,•ti•r•;., •r n• rr. ..1 is "� •:::: .•:•...ti.. r ••'7�r.•.r.{..•`s ; } ,;;r,•r' .•.'•'r,� r , .Y. .?•:•.•:•t{s.S.., ,r,.;.;:.nr:.1,.,,;,.,;.;�;1 ,..•.r::.::.'..... t David Hale May 15, 1984 Page Two 3. Mr. Wilkins has kept an aerial photographic history of this area which shows the road has changed locations several times over past years, again proving the lack of. con- tinuity. 4. The District had a licensed land surveyor perform an initial investigation of the area. There are several major survey discrepancies, and the actual extent of the road trespass is unknown. It is our opinion that there is no guarantee that the offending cabins are even located on the correct lots- S. All three properties are surrounded by County- owned land (tax sale purchases by the-County in the years since the late 1950 Is) . The road in question also crosses County land, and therefore prescriptive rights must be estab- lished prior to County ownership. It is our conclusion that no prescriptive rights exist across District land, and any such claim would have to be established first by survey and then by a quiet title action against the District (and the County) . We are confident that any such, claim lacks the required continuity of time. 4Ci y, B n, SR/WA Land Acquisition Manager LCB:cac M-84-49 (Meeting 84-13 A. May 23 , 1984) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 15, 1984 TO: Board of Directors R M•F O H. Grench General Manager RESPONSIBILITY AND PREPARATON: D. Woods, Open Space Planner; M. Gundert, Associate Open Space Planner SUBJECT: Adoption of Interim Use and Management Plan for La Honda Creek Open Space Preserve (Collett Property) Discussion: At your April 25, 1984 meeting, you approved the j proposed acquisition of the 255 acre former Collett property, creating a new preserve, La Honda Creek Open Space Preserve (see report R-84-22, dated April 6, 1984) . You also tentatively adopted the use and management recommendations contained in the report and indicated your intention to withhold the property from dedication at this time. Final adoption of the interim use and management plan was deferred until after close of escrow in accordance with your adopted Open Space Use and Management Planning Process, as amended September 14 , 1983 (see memorandum M-83-106 , dated August 31, 1983) . Escrow on the former Collett property closed April 30, 1984 . Staff has received one phone call from a neighbor regarding concern over protection of the watershed. The La Honda Vista Water Company obtains its water front this watershed area. Recommendation: I recommend you adopt the use and management plan as contained in report R-84-22 and withhold the property from dedication. w 1l�ji,jfr�' ••1 '� , �` 1 '1•+1 l 1 . ' �I - M ,.�f) �`• �_ ` '�I�1�1 rr�� 1„ � gyp'' ' p 'Ut t �,',IIM t` 4p f • w (l� \ to r{ l•V flt�sr ( } ` _ 11 1'I _ � mm i.o•1, I iy`;1� .S. V�(1+ ,';:' � .' .�6� '�� ��.ill);•�.�• '� 1 I� y.-r ,� .'! 4��� fr � �f,® � 11 ' ��� fi1 f1t�11 • 1 • � la �,." ^ `' i 'Wrlli� I '1 rlw•r •) fit} '"'• '•" ,�� `i 4� •( 1� xx• �',i I b � fit,' •n I� • � � '�W 14+1 !t� �� r�hk'1 � `b1 "`'•� , kt^�ti� fit. �_ 1i1Yx�'�4 � ) ( + �it;( J �♦ W i .� .i , �/.(�(� {p�� v � �If l�J;�p� 1 S'r1 - ��� I . ���.1 � "�� ��' �"��. 1' �IAOf) '�` 1 � �' ' � .i �' ry /�/fA :� y{�� � I•t' __ f + ' njl f 1 ov' V' [y 9/ - ^ 1 rdi I ol,y • • 4 l , ,� fa , i.�@�� f �•,IIl�+� / tt / ��� •.��(1�fN�1� a1 ••. �ILI)t) .Ullf C 1 � Y�� �. 7. �/ '{�)� (f��r �� d- ( 4�� ♦ 1��, 1;5 '.J� 1, � • � 1 �� /� J �� �'-hff.��• •`�f� S r. r�,•• tq l ��. JJJ " . ) ;� ��� ,14� � � ��r \,�`, °u.�' ' .�, %�� ',�. rM1;Y �! _ t i .1 Y� w 1 •.I wd� f A r ,, \ fr •iG'b(25 ��t„M i�1. ' \� \�'•, 4k�1� �1 �. ,1 La Honda Creek , okt' gM�..�72 kor:.�l(a( , � ../ _. 1 J ) ).1� ,l .tl ,�__' •T Open Space Pr-,serve ( V�t •I i `!ems I p Oil .,..� 1 '.,'.•..... • : j. \�•• -•I I �T -, -,t � \J.-.� ' I;,v,��s,t�+rlT• 14gv+(jr =4,r !�by�0 l �•���,\I} ids f ! G ,j.�� Fj '{-'D `E �a ACi, o FaS� eRlelC t 791 34 *Vd'af�t .yJ t. Amo' � o Windy »T_ f ;I 1 /` ptti) W dhev I ya��y� i; ' �°` 1� \ `,, � \✓ <'o p �O I � �) �- q 'JEEP / t x ry 41Ir + + y' l J 7i k- I i / ' • - -� / Y rc� •■ t) - 1 -�zs' /i r I 1 I I if s.x aA \Rail _j. •r� ,//� c / 1 - �. �bt •aaa,} � � 1 /J 7 ���� �;'o. � -' c� `Z00 /if l SITE MAP �: Windy Hill \ La Honda Creek _ ;'� Z (, '� } ,'Y f\ ��,/ ,-Open Space Preserve Open Space Preserve00, Scale 1" = 2000, North A j 13 ��_ -�ii�, i ,n i'111 r .• (^1 ._. �- .1 a / i, h✓//a � ,,.).. �_;�r l,� --t(_� \"- p., R-84-25 (Meeting 84-13 May 23 , 1984) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT May 8, 1984 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Woods, Open Space Planner; M. Gundert, Associate Open Space Planner SUBJECT: Coal Creek Open Space Preserve Initial Use and Management Plan Introduction: The following is the initial use and management plan for the Coal Creek Open Space Preserve. Incorporated into this plan are the interim use and management recommendations contained in the acqui- sition reports of the four properties which now comprise the Preserve. These include the acquisition reports for the former Rose et al . property (see report R-82-27, dated June 1, 1982) , Fernandez property (report R-83-16, dated May 5, 1983) , Stallings property (report R-83-38, dated September 9, 1983) , and Hybl property (report R-84-05, dated January 17, 1984) . Eminent domain proceedings are not complete on the former Hybl property, but the property is in the District's possession and thus included in this report. In addition, the former Fine property, currently reviewed with the Russian Ridge Open Space Preserve, should now become an addition to the Coal Creek Open Space Preserve. This is a logical adjustment since the property adjoins the Coal Creek Open Space Preserve and is separated from Russian Ridge Open Space Preserve by Skyline Boulevard. Recommendations concerning the former Fine property (see report R-83-35, dated August 11, 1983) , have been incorporated into this report. D d Use I . Site Description an e p The 376 acre Preserve is located on the eastern slopes of the skyline ridge, - forming a portion of the scenic backdrop to the Town of .Portola Valley and the City of Palo Alto. The Preserve extends from below Mt. Melville in the north to the Skyline Boulevard-Alpine Road intersection in the south. The closed section of7Alpne Road forms the eastern boundary to the Preserve, while Skyline Boulevard and private property form the southwestern boundary. The Preserve has approximately 1 .5 miles of Skyline Boulevard frontage. The landscape of the Preserve alternates between open grassland meadows and forests of oak, madrone, and Douglas fir. Several creeks flow through the Preserve. Geologically the site is very unstable, as is evidenced by the large ground cracks and slippage which occurred during the wet winters of 1982 and 1983 . The United States Geological Survey map entitled Landslide Susceptibility in San Mateo County, California (1978) categorizes the entire Preserve as having the highest susceptibility to landsliding. R-84-25 Page two Recreational use of the Preserve is primarily from hikers and equestrians. Conservation Earth, a non-profit environmental education organization, planned to use the Preserve and structures as a summer camp during 1983 (see memorandum M-83-44, dated April 7, 1983) . However, enrollment in the program was insufficient to make it operable. The Ranger staff has encountered several neighbors along Crazy Pete 's Road walking their dogs. While no dogs are allowed on the Preserve, the neighbors have questioned whether their dogs should be pro- hibited on Crazy Pete 's Road since the neighbors hold easements on the upper portion of road. Staff is trying to resolve this issue. When the District purchased the former Fernandez property, the site had a history of off-road vehicle usage. District-installed fencing and barriers have curtailed the majority of off-road vehicle use, and the unwanted vehicle trails through the former Fernandez property are recovering with grassland vegetation. Night use along the portion of Alpine Road closed by the County and bordering the Preserve appears to be a problem with an occasional occurrence of overnight camping and campfires. II . Planning Considerations The Preserve is primarily located within unincorporated San Mateo County and within the Sphere of Influence of the Town of Portola Valley. A small piece of the former Stallings property and the majority of the Fine property are within unincorporated Santa Clara County* That portion of the Preserve which borders Skyline Boulevard is within the Skyline Scenic Corridor, a 1000 foot strip of land on either side of Skyline Boulevard with building restrictions designed to protect the scenic qualities of the Skyline Ridge areas. The Preserve is zoned Resource Management in San Mateo County and Hillside in Santa Clara County. Both designations are consistent with open space use of the land. The Town of Portola Valley has an adopted Trails and Pathways Plan which shows two proposed trails through the Preserve, the Skyline Corridor Trail and a mid-elevation trail . In addition, Alpine Road is designated a bike route on the San Mateo County Bikeways Plan (1976) , and an adopted recreation trail route on the Santa Clara County Regional Parks, Trails and Scenic Highways Plan (1981) . Demolition or improvement of the structures on the Coal Creek Preserve must comply with regulations of the County of San Mateo. The Preserve is moderately low on the District's Plan for Relative Emphasis of District Sites (see memorandum M-84-05, dated January 5, 1984) . As such, the Preserve will most likely be reviewed in early 1986 . III. Use and Management Plan The following use and management plan includes a review of interim plans which are contained in the acquisition reports and new recommendations proposed for the next two years. A. Access and Circulation Primary access to the Preserve is from Skyline Boulevard. Parking is available at the intersection of Alpine Road and Skyline Boulevard, the CalTrans vista point one mile northwest of the intersection, and additional roadside pullouts along Skyline Boulevard. R-84-25 Page three In 1977 the San Mateo County Board of Supervisors closed the upper portion of Alpine Road. Since that time, the road has remained closed due to fire hazard and the costs associated with maintenance of the road. The road is indicated as a recreational route on both the San Mateo County Bikeways Plan (1976) and the Santa Clara County Regional Parks, Trails and Scenic Highways Plan (1981) . Several requests have been made by the San Mateo County Bikeways Committee and the Santa Clara County Trails and Pathways Committee to re-open Alpine Road to recreational uses . At your September 22, 1982 meeting, a letter from the Santa Clara County Trails and Pathways Committee requesting support for the recreational use of Alpine Road and alternate routes across District lands was reviewed by you. At your October 27, 1982 meeting, staff responded to the letter (see memorandum M-82-105, dated October 22, 1982) . At that meeting you pledged support for the opening of Alpine Road for recreational uses. Existing Use and Management Plan 1 . Staff should enter into negotiations with the adjoining owners on Crazy Pete's Road to secure a road maintenance agreement, utilizing the adopted District policies. Status : A verbal agreement regarding interim road repairs on Crazy Pete's Road was reached with the adjoining owners . An agreement will be negotiated, if possible, to cover road maintenance and formalized in writing, according to District policies . The District will not participate further in repairs until this is done. 2 . A road agreement should be initiated with the adjacent owner for maintenance of the southerly access road off Skyline Boulevard (former Fernandez property) . Status: A verbal agreement with the adjacent owner was reached to cover interim maintenance. District expenses on a cost shared basis were $250 . An agreement will be reached with the adjacent owner of the road, if possible, for road maintenance, formalized in writing according to District policies . The District will not participate further in repairs until this is done. 3 . The old skid road located in the northwest section of the property should be investigated as a connecting trail route and be cleared and opened, using volunteer labor, if possible. Status: The project will be coordinated, if possible, through the Trail Information and Volunteer Center (TIVC) in conjunction with Trail Days. 4 . If the skid road can be opened, a hiking-equestrian stile should be installed at the visitor entry point across from Mt. Melville. Status: This project should follow re-opening of the skid road and funding would be requested in FY 1965-86 . Cost is estimated at $300. 5 . The road connecting Skyline Boulevard to Alpine Road through the southerly portion of the property should be improved to patrol standards. Costs are estimated at $500. Status: The work remains to be done. Funding was included in FY 1984-85 budget preparation. R-84-25 Page four 6 . The southwestern access from Skyline Boulevard should be gated and fenced to limit the off-road vehicles entering the property. Status: Due to the steepness of the entry road from Skyline Boulevard and the fact that the area served by this road is accessible from other roads through the Preserve, a gate is not necessary at this location. Fencing was installed which has halted off-road vehicle entry at this point. 7 . Gates, fencing, and an equestrian stile should be installed at the two entry points along Alpine Road. Status: Fencing has been installed along the lower portion of the property to limit off-road vehicle access. The stile at the Crazy Pete's Road intersection with Alpine Road remains to be constructed, as do the gate and stiles at the entry from Alpine Road to the southerly portion of the property. Cost is estimated at $1150, and funding was included in the 1984-85 budget preparation. 8 . The road into the former Stallings property is gated at its intersection with Page Mill Road. In the event this gate is not sufficient for security purposes, staff will install a new gate at the property line. Status: This gate appears to be sufficient at the current time. In the event the situation changes, staff will install a gate at the property line. 9. Staff will research a hiking-equestrian trail connection between the former Stallings property and the remainder of the Coal Creek Preserve. Status: A suitable connection has not been located. Staff ;W�illcontinue to work on the project. 10 . The existing roads should be maintained for patrol purposes. Status: The roads not to be covered by road maintenance agreements should also be maintained for patrol purposes. A slide on the lower portion of Crazy Pete 's Road and drainage problems need to be corrected. Cost is estimated at $300 and funding was included in the 1984-85 budget preparation. 11 . Staff should work with the Santa Clara County Trails and Pathways Committee and the San Mateo County Bikeways Committee to evaluate the proposal for a safe trail route along the closed portion of Alpine Road, including the possibility of a trail connection across the southerly portion of the site. Staff should also aid in evaluating possible funding sources for the project. Letters should be sent to the appropriate parties expressing the Board's support of the project. Status: Staff is working with the two Trail Committees, and letters of support will be sent to appropriate parties . New Use and Management Recommendations 1 . The creek crossing on lower Crazy Pete's Road is deep and rocky, making crossing difficult. An equestrian-hiking bridge will be constructed at this crossing. Cost is estimated at $500, and funding was included in the 1984-85 budget preparation. 2. Additional log barriers will be installed along the off-road vehicle access points along Alpine Road. The access points R-84-25 Page five have been fenced, which in most cases seems to be sufficient. However, several points need additional barrier construction. 3 . A District pipe gate and equestrian stile will be installed on Crazy Pete's Road beyond the last private driveway to block vehicle access to the remainder of the Preserve. Cost is estimated at $1150. B. Signing Existing Use and Management Plan 1 . Preserve boundary plaques and wildland signs should be placed on the site at visitor entry points where appropriate. Status: Boundary plaques have been installed where appro- FrEir—ate, and wildland signs have been installed on Crazy Pete's Road at its intersection with Skyline Boulevard and Alpine Road. Additional wildland signs should be installed at the other Alpine Road access points, on the road entering the former Stallings property from Page Mill Road, and the road below the CalTrans vista point. Additional signing may be required to handle the dog problem associated with Crazy Pete's Road. Cost is estimated at $150, and funding was included in FY 84-85 budget preparation. C. Brochure A photocopy map of the site is available from the District office. D. Structures and Improvements A water line to the adjacent property washed out during the winter of 1982 requiring a realignment of the easement, and in exchange for the realignment, District staff agreed to recommend an exchange of easements for the right of way. This item will appear on a future agenda. The structures on the Coal Creek Open Space Preserve consist of a small three room house, quonset but garage, and large wooden barn. Staff research on repair and maintenance of the house as a rental unit proved costs to be prohibitive compared to its value and at your July 6, 1983 meeting, you directed staff to pursue methods of structure removal in conjunction with the removal of the dome structure on the Mt. Melville Area of Russian Ridge open Space Preserve (see memorandum M-83-31, dated June 30, 1983) . Existing Use and Management Plan 1 . The house and quonset but should be removed as soon as possible because of their deteriorating and hazardous condition, visual impact and the determination that there is no foreseeable compatible use. A recommendation for disposition of the barn will be made at the next regularly scheduled review for the Coal Creek Open Space Preserve. These structures should be removed at the same time and under the same contract as the Mt. Melville structures. The cost for removing Coal Creek structures is estimated at $3500 to $5000 and is included in site preparation funds allocated in the PY 83-84 acquisition budget. Status: Contractors ' bids have been solicited,, and one response has been received. Cost is now estimated at $1500 for removal of all above ground ,structures (on both the R-84-25 Page six Mt. Melville site and Coal Creek) or $5500 for removal of all structures, including foundations. Additional bids are being sought, and it is anticipated demolition will be underway within the month. The Mid-peninsula Trails Council has been evaluating the feasibility of utilizing the barn and adjacent pasture area in conjunction with Skyline area equestrian activities. The barn should be retained for further study. Staff will work with the Mid-peninsula Trails Council and other interest groups to determine the best use for the barn and pasture area. 2 . All structures located on the former Stallings property are a total loss due to the disrupted foundation caused by winter landsliding. Demolition of the hazardous structures is included in the purchase agreement and will be conducted by the seller. Demolition should be completed by December 31, 1983 . If demolition of the structures (which includes re- moval of all structures, vehicles and auxiliary materials) is not completed by December 31 , 1983, the District will continue removal of the structures and return the area to a natural state. District staff will extensively photograph all structures and damage to the buildings before demolition for use in geologic interpretive displays or as examples of where not to build. Status: All structures on the property were removed by the owner during December 1983, except for a small structure that was dismantled with the help 1 of the California Conser- vation Corps . Some of the building materials from this structure remain on site. Staff will seek California Con- - servation Corps help in removing the materials. 3 . The wells should be secured. Status: The wells have been secured. 4 . The travel trailer should be removed from the former Hybl property and the site cleared of debris and returned to its natural state. Status: At the owner's request, removal of the travel trailer and two vehicles was delayed. Removal is anti- cipated within the month. New Use and Management Recommendations 1 . The Skyline Boulevard fenceline will be kept in good condition to limit off-road vehicle access to the site. Cost is estimated at $150, and funding was included in the FY 1984-85 budget preparation. 2. The water line to the adjacent property is washing out in several places . The neighbor will be contacted to repair the washouts. E. Natural Resource and Agricultural Management New Use and Management Recommendations 1 . The eroded off-road vehicle trails on the southerly portion of the site will be graded and reseeded. Cost is estimated at $100, and funding was included in the 1984-85 budget preparation. 2 . The debris and downed vegetation will be cleaned up on the former Hybl�:property. Staff will seek California conservation Corps assistance on the project. R-84-25 Page seven F. Visitor and Site Protection The Ranger staff will continue to patrol the Preserve on a regular basis . New Use and Management Recommendations 1 . Staff will request patrol rights on upper Alpine Road from the County. At the present time, Alpine Road is closed to all vehicles, including District patrol vehicles. IV. Dedication Status The 376 acre Preserve is comprised of 147 acres of dedicated open space land and 229 acres of undedicated open space land. No change in status is recommended at this time. Staff is studying the area comprising the 229 acres of undedicated land for possible boundary adjustments . At this time, it appears the 107 acre former Fernandez property will most likely be dedicated, but further study of the entire area is necessary. Recommendation: I recommend you tentatively adopt the initial use and management plan herein for Coal Creek Open Space Preserve, and the transfer of the 23 acre former Fine property to this Preserve. r•t M !r� • ! • ) L,] 7 +air O ?, "• • J ) ) , i • ■ 1 i 7 id 11 ] • • l • 'd 7 r_-� ■ 1 7 ■ • ■ r ■ • 7 • • : • a • • i•`ii,■ p yr. ! r` • • ■i��r • Yi JLJL IL2. pose er " i � ■, all ■ �i , + ', �� off._. \� �p •; •"' � � p � -f sa 11 ( . 21 WE �/1 A� • — 'fir• poem .as jp po J i■ s ass �., �• • /�_ �•�' Y �_°, �it ��,� j . • - • al 2 FA 41 •, ■ • • ■-r.-• • s ■ • s • s • • sevr N7A ? 1A • a v • a ■ • r • • • • + • ■ ■ ■ ■.ea . . . - . - - _ _ _ _ - R-84-24 A, Mn. (meeting 84-13 OF May 23 , 1984) Kc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT MAY 14 , 1984 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Woods , Open Space Planner SUBJECT: Proposed Addition to Skyline Ridge Open Space Preserve of Lands of Jenkins , Peninsula Open Space Trust, Guenther, and Lohr Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to acquire concurrently two contiguous proper- ties in fee totalling 151 acres, three open space easements totalling 77 acres, and two trail-raparian corridor easements. The properties and easements are all located directly south of the Skyline Ridge Open Space Preserve. This acquisition would require four separate purchase contracts for the purchase of (1) the 54 acre Jenkins parcel in fee, plus a 13 acre open space easement and trail-raparian corridor easement, (2) the 97 acre Peninsula Open Space Trust (POST) parcel, (3) the 39 acre Guenther parcel open space easement, including a trail easement, and (4) the 29 acre Lohr parcel open space easement (see attached map) . The open space easements would ensure the protection of the natural qualities of the watershed, but would not include public access or use. The trail easements would provide public equestrian and hiking access along the creek corridors (see attached map) . A. Description of the Site 1. Size, Location and Boundaries The 54 acre Jenkins parcel , plus the 13 acre open space easement, is contiguous to the recently acquired Quinn property addition to the Skyline Ridge Open Space Preserve. These parcels are bounded by the Preserve to the north, the remaining lands of Jenkins to the west, various private properties and the POST parcel to the east, and the Guenther parcel to the south. The 97 acre POST parcel is bounded by private property to the north, east and south, but is contiguous to the Preserve at its north- east corner. The Guenther parcel is bounded by private property to the southeast, south and west, while the 29 acre Lohr parcel is completely surrounded by private property. The total area encompassing all of these parcels will be referred to as the project area unless otherwise noted. R-84-24 Page Two 2. Geology and Natural Features The project area being considered generally is comprised of steep southwesterly and northeasterly facing slopes ascending Peters Creek. The northwest corner includes a portion of Lambert Creek which has its origin on the existing Preserve. Elevations range from 1200 feet to 2200 feet. The soil type most common to the area is the Felton-Maymen association, and much of the area is considered extremely susceptible to land- sliding according to San Mateo County's Landslide Susceptibility Study. The Devil ' s Canyon Fault, which is not considered to be active, extends through the properties. 3. The project area has three distinct plant communities - lush riparian vegetation along the creeksides, chaparral on the southerly facing slopes, and evergreen forest on the northerly facing slopes. Dominant trees include oak, madrone, bay, and Douglas fir. The abundance of year-round water in the creeks makes this area attractive to a wide variety of wildlife. B. Current Use and Development Improvements within the project area include roadways , trails, a reservoir, and a gate. The primary road access is from Diablo Road which originates on the Long Ridge Open Space Preserve and descends through the project area to Peters Creek, then crosses the creek and climbs parallel to Lambert Creek to connect to the southern portion of Skyline Ridge Open Space Preserve. At Peters Creek, a trail extends from the road southeasterly to a small reservoir located within the Jenkins parcel now being considered for acquisi- tion. Another road joins Diablo Road near the 1400 foot contour and ends in a slide area a short distance to the southeast. The gate is located on the southern boundary of the Guenther 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 just outside District boundaries, it is contiguous to them and within the District's Sphere of Influence. The property may be incorporated into the master plan study for Skyline Ridge Open Space Preserve. The master plan for Skyline Ridge Open Space Preserve will examine potential trails linking Skyline Ridge with other preserves as well as nearby State parks. The Lambert Creek and Peters Creek corridor could in the long term provide connections to both Long Ridge Open Space Preserve and Portola State Park. D. Potential Use and Management The Skyline Ridge Open Space- Preserve is designated the highest priority for recreational development under the District's Relative Site Emphasis Plan. The planning for this site, which is currently underway, will include a comprehensive trails plan. This plan may provide for hiking and equestrian access down Lambert Creek to its junction with Peters Creek, then southeasterly along the proposed trail easement to the POST parcel or southwesterly along the creek to the westerly end of the easement. Future extensions of this trail could connect to Portola State Park and Long Ridge Open Space Preserve. R-84-24 Page Three E. Use and Management Recommendations 1. The public portion of the site will be open to hikers and eques- trians who can gain access through private property or from adjacent District lands. 2. Preserve boundary signs will be placed at appropriate boundary points. F. Naming The property would be an addition to Skyline Ridge Open Space Preserve and be known by the same name. G. Dedication All District property rights should be dedicated as public open space. H. Terms As mentioned earlier in this report, this acquisition is a combina- tion of the following four separate purchase transactions : 1. The Jenkins purchase requires the total payment of $87 ,500 ($17,500 down in cash at close of escrow, with the balance of $70,000 to be payable over 4 years at 73g percent interest) . The basis of value is $60,000 for a 40-acre unsubdivided residential site, plus an average of $1 ,000 per acre for the additional 14 acres of fee title, 9 acre open space easement area and 4 acre raparian-trail corridor easement (a total of an additional 27 acres) . The agreement also includes a Right of First Refusal in favor of the District should Mr. Jenkins ever wish to sell his remaining land. 2. The Peninsula Open Space Trust parcel consists of approximately 97 acres and is physically landlocked. On the basis of the steep terrain and difficulty of access, the purchase price is $80,000 or $825 per acre, payable in cash at the close of escrow. This transaction also includes a $4 ,500 payment to Conservation Partners, a real estate brokerage firm which is a taxable sub- sidiary of Peninsula Open Space Trust, for services rendered in connection with this entire acquisition transaction. 3. The Guenther transaction is the purchase of approximately 40 acres of open space easement at the rate of $750 per acre. This purchase is also contingent on the boundary line adjust- ment mentioned in the Lohr terms section below. The entire parcel is to be subject to an open space easement, as the developable area is currently a part of the Lohr property. The entire transaction is being completed with the assistance of the Peninsula Open Space Trust, which is currently the owner of the former Guenther property. 4. The Lohr transaction is the purchase of approximately 30 acres of open space easement at the rate of $1,000 per acre. This purchase is contingent upon the successful processing of a boundary line adjustment through San Mateo County to add a R-84-24 Page Four small portion of the Lahr property (and the appurtenant home) to the adjoining Guenther property. This is being done to correct a situation where more than one home was built on a parcel that had insufficient density. A summation of the proposed purchases includes a total of rights in approximately 233 acres of land for a price of $232,000 (including the consulting fee to Conservation Partners) for an average of $1000 per acre for land interests being acquired. Recommendation: I recommend that you adopt the following resolutions : 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Skyline Ridge Open Space Preserve - Jenkins Property) 2. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All other Documents Necessary or Appropriate to Closing of the Transaction (Skyline Ridge Open Space Preserve - Peninsula Open Space Trust Property) 3 . Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All other Documents Necessary or Appropriate to Closing of the Transaction (Skyline Ridge open Space Preserve - Guenther Property) 4. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Skyline Ridge Open Space Preserve - Lohr Property) I further recommend you tentatively adopt the use and management recom- mendations contained in this report, name the properties as additions to the Skyline Ridge Open Space Preserve, and indicate your intention to dedicate the District 's interest in the properties as open space. RESOLUTION NO. 84-26 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (SKYLINE RIDGE OPEN SPACE PRESERVE - LOHR PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Direcrors of the Midpeninsula Regional Open Space District does hereby accept and approve that certain Purchase Agreement between James A. Lohr et ux and the Midpeninsula Regional Open Space District, dated May 14, 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 a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance 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 Four. 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. RESOLUTION NO. 84-25 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (SKYLINE RIDGE OPEN SPACE PRESERVE - GUENTHER PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept and approve that certain Purchase Agreement between William A. Guenther et al. and the Midpeninsula Regional Open Space District, dated May 14 , 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 a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance 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 Four. 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. RESOLUTION NO. 84-24 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (SKYLINE RIDGE OPEN SPACE PRESERVE - PENINSULA OPEN SPACE TRUST 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 Spa District does hereby accept and approve that certain Purchase Agreement between Peninsula Open Space Trust, a California non-profit corporation, and the Midpeninsula Regional Open Space District, dated May 16 , 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 a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be-given appropriate notice of acceptance and approval of Agreement to seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. RESOLUTION NO. 84-23 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (SKYLINE RIDGE OPEN SPACE PRESERVE - JENKINS PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept and approve that certain Purchase Agreement between Roy Clifton Jenkins and the Midpeninsula Regional Open Space District, dated May 16 , 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 a Certificate of Acceptance to any deed(s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance and approval of Agreement to seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2,000. 00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. I I tk; 0 W75X .?57 -j 14-1 Ared. S ine Ridge Open Space Preserve 1 Itif Closed Area Priva..78 'Proper C. d. J/P V) -C- Site map LEGEND 1386 a. Jenkins Parcel - Fee Title Purchase (54 Acres) SKYLINE RIDGE lit b. Jenkins Parcel - Open Space Easement (9 Acres) OPEN SPACE PRESERVE c. Lohr Parcel - Open Space Easement (29 Acres) d. Guenther Parcel - Open Space Easement (39 Acres) Scale 1" = 2000' North e. P.O.S.T. Parcel - Fee Title Purchase (97 Acres) f. Trail/Riparian Corridor, 100' Wide (4 Acres) PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and. between Roy Clifton Jenkins, an unmarried man, hereinafter called *SELLER" and the Mid- peninsula Regional Open Space District, hereinafter called "DISTRICT_* 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, certain interests in SELLER`S real property located within an unincorporated area of the County of San Mateo, and commonly referred to as San Mateo County Assessor's Parcel Number 080-390-050 (portion) , being more particularly described in the Preliminary Title Report from First American Title Insurance Company (San Mateo County division) , dated December 23 , 1983, attached hereto as Exhibit "I" and incorporated herein by this reference_ The interests to be acquired in said real property of SELLER by DISTRICT are generally shown on the map attached hereto as Exhibit "II" and incorporated herein by this reference and are more specifically defined- as follows= r A. SELLER agrees to sell to. DISTRICT and DISTRICT agrees to purchase from SELLER, fee title to 53_6 acres, more or less , of said real property of SELLER as more par- ticularly described in EXHIBIT "III." as attached hereto and incorporated herein by this reference. Said prop- erty 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 and/or fixtures attached or affixed thereto- B. SELLER agrees to sell to DISTRICT and DISTRICT agrees to purchase from SELLER an open space easement over, upon and across a portion of SELLER'S remaining real property in the form set forth in Exhibit "IV" as attached hereto and incorporated herein_ by this refer- ence. As a part of said open space easement being pur- chased by DISTRICT from SELLER, DISTRICT shall acquire a public trail/riparian corridor easement as further defined in Paragraph 7 of said open space easement- C. SELLER agrees to sell to DISTRICT and DISTRICT agrees to purchase from SELLER a Right of First Refusal to purchase fee title to SELLER'S remaining land in the form set forth in Exhibit "V" , as attached hereto and incorporated herein by this reference_ Purchase Agreement - Jenkins Page Two 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price for the aforesaid purchased prop- erty is and shall be the sum of Eighty-Seven Thousand Five Hundred and No/100 Dollars ($87,500.00) , payable as follows: A. A down payment of Seventeen Thousand Five Hundred and No/100 Dollars ($17 ,500.00) shall be paid in cash at the close of escrow, and B. A secured promissor y note in the prin cipal amount of Seventy Thousand and No/100 Dollars ($70,000_00) , to be delivered to SELLER a4 the close of escrow. Said note to bear tax free interest at the rate of seven and one- half percent (7h%) per annum and to be payabl a in four (4) equal annual installments of principal in the amount of Seventeen Thousand Five Hundred and. N0/100 Dollars ($17 ,500. 00) , plus accrued interest, with the first such payment to be made on or before the anniversary date of close of escrow. Said note to provide that principal and accrued interest may be prepaid at any time by - DISTRICT without penalty or premium. Said note to be secured by a First Deed of Trust with Assignment of Rents on the portion of* the purchased property as described in said Exhibit "III". 3. TITLE AND POSSESSION Title and possession of the subject property shall be con- veyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judgments , easements, taxes, assessments, Deeds of Trust, mortgages, covenants, restrictions, rights and conditions of record except: A. Taxes for the fiscal year in which escrow closes shall be handled in the manner provided by Section 4986 of the Revenue and Taxation Code of the State of California- B. Title exceptions numbered 3 , 4, 5, 6, 7, 8, 9, 10, 11, 12 and 14 as shown in said Preliminary Title Report labeled Exhibit "I" . C. The Deed of Trust as referenced in Paragraph 2B here- inabove. 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, pay- ment of liens, discharge of judgments , or any other charges, costs , or fees incurred in order to deliver marketable title to DISTRICT. Purchase Agreement - Jenkins Page Three 5. COMMISSIONS DISTRICT shall not have any obligation to pay any real estate agent' s commission or other related costs or fees in con- nection with this transaction. 6 . LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the prop- erty. SELLER further warrants and agrees to hold. DISTRICT free and harmless and to reimburse DISTRICT for any and all costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT, including brit not limited to claims for relocation be_^_efits and/'or payments pursuant to California Government Code Section 7260 et seq. SELLER understands and agrees that the provisions of this para- graph shall survive the close of escrow and the recordation of any Grant Deed (s) . 7. WAIVER OF STATUTORY COMPENSATION SELLER understands that he may be entitled to receive the fair market value of the Property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et secs. SELLER acknowledges that he is familiar with the applicable Federal and California law. SELLER hereby waives t'i e all existing and future rights to receive g ehe may have the fair market value of the Property under any applicable Federal or California law. 8. ACCEPTANCE AND TERMS OF ESCROW . Provided that SELLER executes this Agreement on or before May 16, 1984 r DISTRICT shall have until June 29 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 this offer, DISTRICT has paid and SELLER acknowl- edged receipt of the sum of Ten and No/100 Dollars ($10_00) . On condition that this Agreement is accepted and executed by DISTRICT, as above provided, this transaction shall close through an escrow to be conducted by First American Title Insurance Company, 555 Marshall Street, Redwood City, California 94064, or other such escrow holder as may be designated by DISTRICT. Time being of the essence this escrow shall close on or before thirty (30) days following the date this Agreement is accepted and executed by DISTRICT_ I Purchase Agreement - Jenkins Page Four 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns or successors in interest of the parties hereto_ MIDPENINSULA REGIONAL OPEN SPACE SELLER= DISTRICT APPROVED AS TO FORM Roy CZ' ".tort Jenkft Stanley Norton, District Counsel Date: ACCEPTED F'OR RECOMMENDATION: L Gi4ip Britton, SR/WA Land A quisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: SUPPLEMENTAL PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street Redwood City, CA 940E4 (415) 367-9050 MID PENINUSLA REGIONAL OPEN SPACE DISTRICT 375 Distel Circle Los Altos, CA 94022 Our Order No. 284442-TD Customer' s Reference : Form of Policy Coverage Requested: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is pre- pared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insur- ing against loss which may be sustained by reason of any defect, I, lien or encumbrErica not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or policies are set forth in Exhibit A attached_ Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested . Dated as of December 23, 1983 at 7:30 A.M. JOSEPH P. TAYLOR ESCROW TITLE OFFICER Title of said estate or interest at the date hereof is vested in: ROY CLIFTON JENKINS, a unmarried man, as his sole and separate property OCHIBIT . . .Continued Page 2:. .- Page��of The estate or ir` -crest in the land hereina;' >r described or referred to cov, 3 by this Report is: A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as -follows: 1 . General and Special Taxes for the fiscal year 1983-84, First Installment $35.50 PAID Second Installment $35 . 50 PAID _ Code Area: 066-005 A.P. No. : 080-390-050 2 . "The Lien of Supplemental Taxes assessed pursuant to Chapter 498 , Statutes of 1983 of the State of California_" 3 . EASEMENT FOR ROAD PURPOSES over so much of the herein described property as lies within the Old Page Mill Road and any and all other existing roads. Affects Parcel I . 4 . EASEMENT for drainaa e within any creek or tr aversing g stream r versin the herein described property, together with the rights of the public in and to the waters and the use of such creeks or streams, to the high water mark. 5. EASEMENT over the herein described property, as granted in Deed : From : Rancho Diablo Investment Company, a partnership To : Robert J . Newson, Jr. and Roger F. Williams Dated : August 19 , 1972 Recorded : _October 10 , 1972 Document No: 66262-AF Book/Reel 6248 of Official Records of San Mateo County at Page/ _ Image 276 . Affects a curved 60 foot strip adjoining Southerly boundary_ Said Grant further recites as follows: "The parties hereto anticipate that thereafter the dominant parcel of real property may be subdivided and re-subdivided and intend that upon such subdivision or re-subdivision the resulting increased traffic pedestrians and vehicles, ingress and egress ana other commercial uses shall not be deemed to cause or result in an over-burdening or misuse of the within easement. Grantee agrees that the roadway over said easement shall be constructed in such a workmanlike manner as to avoid damage to Grantor' s property. Specific pre-cautions shall be taken to avoid water damage, erosion, unnecessary removal of trees or vegetation and to insure that proper gutters and drains are provided." 6 . EASEMENT over the herein described property, as reserved in Instrument From : Rancho Diablo Investment Company, a co--partnership To : Waldo H. Leynse and Ruth A. Leynse Recorded : May 15, 1974 Document No: 43652-AH Book/Reel 6614 of Official Records of San Mateo County at Page/ Image 151 . Reserves Easements for ingress amd egress and public utilities over existing roads and easements for hiking and fishing along the banks of Peters Creek. Reference is made to said docunW4 ,for full particulars. _ 1 _ Said Grant further recites as follows: Wage Q� . . . .CONTINUED. . . . ------ SUPPLEMENTAL REPORT 284442 Page 3 "It is anticip,-ed by Grantor and Grantee nerein that the dominant parcel (Grantor' s adjacent real property) may be subdivided or re-subdivided and it is intended that upon any such subdivision or resubdivision the resulting increased uses for increased traffic of pedestrians, and vehicles, ingress and egress, and other commercial uses and increased uses for installation and maintenance of public utility lines, shall not be deemed to cause or result in an over- burdening or misuse of the above reserved easements, and by acceptance of this deed . Grantee herein consents thereto. Grantor shall have no obligations, liability-, or responsibility for maintaining , repairing , or servicing any roads or other area over which the above easements are granted, and Grantee by acceptance of this Deed agrees at all times to maintain or cause to be maintained, at Grantee' s sole cost and expense, the easement areas and roadways and all improvements thereto in good condition and repair without expense to Grantor. 7. AGREEMENT between Rancho Diablo Investment Company, a co-partnership and Waldo H. Leynse and Ruth A. Leynse dated May 10 , 1974 recorded May 15 , 1974 File No. 43653-AH Book 6614 of Official Records at page 155, Records of San Mateo County, California. Reference is made to said document for full particulars. 8 . CALIFORNIA LAND CONSERVATION CONTRACT between County of San Mateo, a political subdivision of the State of California and Stephen H. Pettigrew and Anne K. S. Pettigrew Anthony G. Such, Roy Clifton Jenkins and Roberta Glaze Jenkins, Robert P. Baker and Patricia K. Baker Sandstone Ridge, a General partnership and Michael A. Ayer dated February 24 , 1976 recorded : March 4, 1976 File No. : 47047-AJ Book 7063 of Official Records at page 472, Records of San Mateo County, California. Covers property under search and other property. 9. TERMS AND CONDITIONS contained in Deed and Covenants of Easement from : Jessie Brooks, Helen Brooks, Waldo H_ Leynse, Ruth A. Leynse, S. Waldo Ashby, Helen Ashby, Allan Finstead , Mabel Finstead, Millard R_ Humphrey, Weden P. Humphrey, Ramiro A. Comas and Marie E. Comas to : Dr. Humphrey' s Pet Clinic, Inc., Norman R. Hosking Blodwen A. Hosking, and Waldo H_ Leynse, and Ruth Leynse dated : November 27 , 1967 recorded : December 29, 1967 File No. : 8197-AB Book 5411 of official Records at page 733, Records of San Mateo County, California. Reference is made to said document for full particulars_ Affects Parcel II . EXHIBIT. Page of SUPPLEMLNTAL REPORT 284442 Page 4 10 . TERMS AND CONDITIONS contained in Deed and Covenants of Easement . executed by : Waldo H. Leynse, Ruth A. Leynse, Harold Stalling Jane Stalling , S. Waldo Ashby and Helen Ashby Millard R. Humphrey and Weden P. Humphrey dated : March 9 , 1966 recorded : March 16, 1966 File No. : 47426-Z Book 5128 of Official Records at page 1, Records of San Mateo County, California. Reference is made to said document for full particulars. Affects Parcel II . 11 . RECITAL as contained in Deed from : Robert J. Newson, Jr. a married man and Roger F. Williams, a married man to : Rancho Diablo investment Company, a partnersip dated : September 22, 1972 recorded : October 10, 1972 File No. : 66267-AF Book 6248 of Official Records at page 283, Records of San Mateo County, California, which recites as follows: "The parties herto anticipate that hereafter, the dominant parcel of the real property may be subdivided and re-subdivided and intend that upon such subdivision or re-subdivision the resulting increased uses for increased traffic of pedestrians and vehicles, ingress and egress and other commercial uses and increased . use for installation and maintenance of public utility lines, shall not be deemed, to cause or result in an over-burdening or misuse of the within easement. _ 12. ANY LOSS resulting from the vague, ambiguous and indefinite nature of the description herein, said description having been taken from the public records. Affects Parcels II and III . 13. DEED OF TRUST to secure an indebtedness in the original amount of $17 ,500.00 and any other amounts and/or obligations secured thereby Trustor : Ramiro A. Comas and Marie E. Comas, his wife Trustee : Western Title Insurance Company, a corporation Beneficiary: Millard R. Humphrey, a married man, as to an undivided 1/2 interest and Weden P. Humphrey, a married man, as to an undivided 1/2 interest, as and for their separate property Dated : September 2, 1966 Recorded : September 19 , 1966 Document xo: 96648-Z Book/Reel 5216 of Official Records of San Mateo County at Page/Image 398 . Beneficiary' s Address - Dr. M. Humphrey, 138 Main St. , Los Altos, Ca. Loan No. - not shown Affects portion of Parcel II . EXHIBIT • Page of SUPPLEMENTAL REPORT 284442 * Page 5 14 . EFFECT OF APPROVAL OF LOT LINE ADJUSTMENT Pursuant to Government Code Section 66412(d) , Planning Division File No. : LLA 82-1 Dated :September 24 , 1982 Recorded : September 27, 1982 Document No. : 82082832 of Official Records of San Mateo County, California. NOTE: THE LAND herein described appears to constitute a "subd iv— sion" of land within the meaning of the Subdivision Map Act (Government Code 66410 et. seq. ) , or local ordinances_ We will require that a Certificate of Compliance (Government Code 66499 _35) , executed by the County of San Mateo or a waiver as provided for in the Subdivision Map Act (Government Code 66428) ,• or a Final Sub— division Map or Parcel Map be recorded in the office of the Recorder of the County of San Mateo prior to issuing any policy of title insurance. There have been no deeds recorded within the last six months prior to the date of this report, affecting the herein described property. $3 iT Page aiF -S17PPLEMENTAL REPORT 284442 Pa6e 6 -. i DESCRIPTION The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows : PARCEL I : Parcel 2 as shown on that certain map entitled "PARCEL MAP BEING A RESUBDIVISION OF PARCEL 'B' SHOWN ON THE MAP RECORDED IN VOL. 18 OF PARCEL MAPS, AT PAGE 3 , SAN MATEO COUNTY, STATE OF CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 1, 1974 in Book 26 of Parcel Maps at page 14 . EXCEPTING THEREFROM a portion of said Parcel. 2 described as follows= 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 88* 22 ' 44" west. 2,538.22 feet to a point in the westerly line of Parcel 2; thence northerly and easterly along the westerly and northerly lines of Parcel 2 north 40 595 23" east 100. 00 feet and south 880 22 ' 49" east 2,537.02 feet, to the point of beginning. ALSO EXCEPTING THEREFROM all mineral lands should any 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 r Western Pacific Railroad Company of California, dated March 25, r 1868 and -recorded May 1, 1874 in Book 1 of Patents at page 470, and re-recorded January 23, 1917 in Book 3 of Patents at page 131, Records of San 'Mateo County, California, and from the United States of America to Central Pacific Railroad Co. , dated December 24 , 1872 and recorded January 22, 1917 in Book 3 of Patents at page 112, Records of San Mateo County, California. PARCEL II 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, together with appurtenances thereunto, as granted in the Deed and Covenants of Easement from Jessie Brooks, et al, to Waldo H. Leynse, et al , recorded on December 29, 1967 in Book 5411 of Official Records at page 733 , Records of San Mateo County, California. PARCEL III : A non-exclusive easement 60 feet in width, for ingress and egress of pedestrians, vehicles, and for commercial purposes; and for the installation and maintenance of public uitlity lines, including gas, water, electrical and telephone lines, and sewer lines, along an 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 at page 283C.ic^s of San Mateo County, California. Pale__ "of A.P. No. : 080-390-050 JPN 80 39 39U .0 A?N: 080-390-050 (portion) Recorded at the request of: .-dpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Attn: L. Craig Britton GRANT OF OPM SPAS,` FASE:4E_+IT Recit._a-=o=s 1. The undersigned, ROY CILJIFTON JENKINS, and unmarried man, hereinafter called "GRANTOR" is owner of the fee simple estate in and to that certain real property hereinafter called the "Subject Property," situated in the County of San Mateo, State of California, r!ore particul rl_v described i_ attached hG're'to and n�:or.;crated 2'iP+'ai by this is the desire of GRAN CR to grant to 1IIDPENINSULA REGIONAI, OPEN SPACE DISTRICT, a public district, hereinafter called "DISTRICT," an open space easement upon, over, across and under said, Subject Property pursuant to Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code- 3. GRANTOR and DISTRICT recognize the scenic, aesthetic and special character of the region in which their respective properties are located, and have the common purpose of conserving the natural values of their respective properties by the conveyance of an open— space easement on, over, and across the Subject Property which shall conserve and protect the animal, fish, bird, and plant population and prevent the use or development of the Subject Property for any purpose or in any manner which would conflict with the maintenance of the Subject Property in its natural, scenic, open and wooded condition. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby grants to DISTRICT an open space easement, upon, over and across the Subject Property in perpetuity on the following terms and conditions : 1. Reservation of Use by GRANTOR GRAtTOR reserves the right to use the Subject Property in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants of this easement and with existing z EXHIBIT Pace-1 of ( 4 M , The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: PARCEL ONE: BEGINNING at the southeasterly corner of Parcel. 2 as shown on that certain map entitled "PARCEL 2.A.P, BEING A RESUTraD1_V1SI'OZU O^ PARCEL 'B' SHOWN ON THE MAP RECORDED IN VOL. 18 OF PARCEL kmpS AT PAGE 3, SAN r'ATEO COUNTY, STATE OF CA.LIFO1�!IA" filed October 3, 1974 in Book 26 of Parcel Maps at page 14; thence aloner the ea.ste.=?y line of said Parcel 2, North 4*18 10 0" East 1840.58 feet; thence Xorth 88*22149" West 2538.22 feet to a rcint in the westerly 2 ­e of said Parcel 2 from which the nor L—asterly cornet of said Parcel _ bears North 4059 '23" East 100.00 .fact; thence. Soot-It 51'0'32-'07" East 3064. 87 feet to the Point of Beginning_ Containing 53.566 acres of land, more or less PARCEL TWO: � I A non-exclusive eases ant 60 feat =n w4 ;th, for ingress and egress Of pedestrians, va cl es and. for ..tea?��g of 1; ��i- and. fr>r other co ercial p��.noses, and for the installation and maintenance of public utility lines, including, gas, water, electrical and tele- phone lines, together with appurtenances thereunto, as granted in the Deed and Covenants of Easement from Jessie Brooks, et al, to Waldo R. Leynse, et al, recorded on December 29, 1967, in Boob. 5411 of Official Records at page 733, Records of San Mateo County, California. PARCEL THREE: A non-exclusive easement 60 feet in width, for ingress and egress of 'pedestrians, vehicles , and for commercial purposes; and for- the installation and maintenance of public utility lines, including gas, water, electrical and telephone lines, and sewer lines, along an existing roadway, as granted in the Deed fromm Robert j_ Kewson, Jr_ , et al, to Rancho Diablo Investment Company, recorded October 10, 1972 in Book 6248 of Official Records at page: 283, Records of San A.ateo County, California. EXHIBIT Pads; 40 Grant of Open Space Easement - Jenkins page, Two and other laws, rules and regulations of the State of California and the County of San Mateo, or the agency having jurisdiction as such laws, rules and regulations may hereafter from time to ti , me be amended. GRANTOR further specifically reserves the rig=tt to do the fol— lowing, such right in no way to be considered as a limitation of the general reservation of right described in the preceding paragraph= . a. Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the p_operty- b. Construct and maintain private trails foL h1k5.n_ and horseback riding within-the easement a=ea _ both internal trails znf connecting trails with adjacent DISTRICT land, such I attar trails to be ullanned under mutual agreement with DIS'17RICT regarding location. and design; C. Remove diseased and/or dead plants and trees and remove such undergrowth as may be required for fire preven— tion, or public health and safety; d. Plan zap-_ species cf plant; iZg� s to terse area 2. Limitations on Use by GRANTOR GRANTOR covenants and agrees for himself and Us heirs, suc— cessors and assigns, except where contrary to the above described rights specifically retained, that GRANTOR shall not do any of the following: a. Erect, construct, place, or maintain or authorize the erection, construction, placement or maintenance of any improvement, building or structure or any other thing whatsoever on the Subject Property other than such improvements, buildings , structures, or other things. existing on the Subject Property at the trope of the granting of this easement. b. Use or authorize the use of the Subject Property for any purpose except as open space. C. Use or authorize others to use the Subject Pror,�ert o37 any portion thereof as a a rkin . lot, sto- P g , �a a are a o dump site or otherwise deposit or authorize to, be der on said Subject Property or an deposited y portion. thereof ter►go— rarily or otherwise anything whatsoever Which is not indigenous or natural to said Subject Property_ 'age , of Grant of Open Space Easement - Jenkins Page Three d. Cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, or concrete or other material which does not constitute natural cover for the land, or otherwise disturb the natural cover for the land_ e. Fish, trap, hunt, capture, kill or destroy or authorize the fishing, trapping, hunting, capturing or destruction of fish or aquatic life on the Subject Property except-- for health or safety purposes_ f. Hunt or trap or authorize the hunting or trapp—g of - animal life on the Subject Property_ Pursuant hereto, GRANTOR, his heirs , successors or assigns, shal= not trap, kill, capture or destroy or- authorize the trappLng, killing, capturing or cast_=--ct n o_=' a; :� 1 lz=_• on the Subject Property except =,der prior writ texrx per=i.sslors of the County of San Mateo .for health and, saTety purposes only_ g. Divide or subdivide the Subject Property or otherwrise, convey (other than under threat of condemnation) a portion of such property less than the whole to one or_more parties or convey the Subject Property to two or mare parties each Y of whom acquire title to less than the whole of the Subject Property. As used n=_=-ern "oa=t_s„ moans amd includes any person, co-oration, :�c`'ie?-3 ip, Q� t3cz. �s� legal. entit - - g y . capable of holding till: to real property- h. Cut, uproot or remove or authorize the cutting, uprooting or removal of timber or trees or other natural ro*ath found or located on the Subject Property except:-as may be required for fire prevention, elimination of diseased growth, or construction and maintenance of foot trails (as provided in Paragraph 1 hereinabove) , or maintenance of the existing roadway. i. Excavate or grade or authorize any excavation or grading to be done or place or authorize to be placed any sand,, soil, rock, gravel or material whatsoever on the Subject Property except for construction and maintenance of foot. trails and maintenance of the existing roadway_ j . Operate or authorize the operation on the Subject Property of any motor bike, trail bike, go cart, or other motor driven or motor powered vehicles except those motor vehicles reasonably necessary for the use of GRANTOR for the accom- plishment of the purposes for which the Subject Property is used pursuant to the terms and conditions, restrictions and covenants set forth herein for the Subject Property or use by others who have a legal right to pass on the existing roadway. 'age— oil Grant of Open Space Easement - Jenkins Page Four k. Place any advertising of any kind or nature on the Sub-- 5ect Property except for identification and directional purposes consistent with the use of the Subject Property as provided herein. 1. Plant vegetation on the Subject Property except for approved soil management, erosion control, reforestation and landscaae screening; all vegetation so planted shall be native California vegetation indigenous to the area. m. Excavate or change %the topography of the Subject Property except as allowed and approved in accordance with the terms and conditions n. Use or allow the use c= fi.rea_s Or' da,$ge•rous weapons on the Subject Praae= except or pe_sonal protection and safety. o. Use or authorize the use of fireworks or pyrotechnics on the Subject Property. p. Play or perform or allow the playing or performance of loud and disturbing amplified music_ q. Build, light . or mai nta-==, or author;ze o-thers to build, light or maintain any open or outdoor fire, except in the existing fire pit adjacent to the existing deck at Peters Creek. r. Mine, extract, sever or remove, or permit. or cause to. be mined, extracted, severed or removed any natural resource found or located on, above, or under the Subject. Property in a manner that would jeopardize or alter the natural scenic character of the property, or to otherwise engage in any activity on the Subject Property which will or may destroy the natural and scenic characteristics of -the Subject Property. 3. Rights of DISTRICT The DISTRICT shall have the right to periodic .inspection of the Subject Property with prior notification of GRANTOR who shall receive in a timely manner a copy, if any, of the report of such inspection by DISTRICT. The DISTRICT shall have the right to use the existing roadway for patrol and maintenance purposes by DISTRICT employees or contractors only. GRANTOR shall have no affirmative obligation to maintain the existing roadway for such use by DISTRICT- EXHIBIT Page of In- Grant of Open Space Easement - Jenkins Page Five DISTRICT agrees that it will contribute, in the aggregate eaclx year, an amount which shall not exceed the lesser of Toro Hundred and No/100 Dollars ($200.00) or twenty percent (20%) of receipted invoices toward the annual maintenance of the road- from the southerly boundary property of thedescribed in Exhibit "B" attached hereto and incorporated herein by reference to the northerly boundary of the land described in Exhibit "C" as attached hereto and incorporated herein by this reference. 4. Limitations on Use by -!,STRICT The DISTRICT shall not uti?.=ze the Subject P -operty in any manner whatsoever, except as p_ov;cea in Paragraphs 3, C and 7 of this Easement. S. ' No Authorization for Pu:i is Tresoass The granting of this easement and its acceptance by DISTRICT does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all of any por- tion of the Subject Property or as granting to the public or any member thereof any tangible rights in or to the Subject Property or, the right to go »pcn or use or utllize the Subject Property in any manner whatsoever, except as orcv lied in. Paragraph 7 hereinbelow ( ic Tray-I jP.ipailaa Corridor easement) • It is understood that the purpose of this easement is solely to restrict the use to which the Subject Property may be put so that the Subject Property will be` _. kept in its natural condition, subject to continued use by the GRANTOR for his purposes and uses and the public trail easement as further described below. 6. Enforcement GRANTOR grants to DISTRICT, the right, but not the obligation, to enter upon the Subject Property for the purpose of removing any building, structure, improvement or other thing whatsoever constructed, erected, placed, stored, deposited or maintained on the Subject Prop- erty contrary to the stated purposes of this easement or to any term, condition, restriction or covenant of this easement or to prevent or prohibit any activity which is contrary to the stated purposes, terms, conditions, restrictions or covenants of this easer-tent which will or- may destroy the natural and scenic characteristics of the Subject Property, subject however to thirty (30) days written notice to GRANTOR by DISTRICT before commencement of any action on the: part of DISTRICT under this paragraph. The stated purposes, terms, conditions, restrictions and cove- nants set forth herein and each and all of them may be sgecif ically enforced or enjoined by proceedings in the Superior Court. of the State of California. age of Grant of Open Space Easement Jenkins Page Six 7 . Public Trail/Riparian Corridor Easement GRANTOR hereby grants to DISTRICT, in addition to the open space easement provisions provided herein, a trail/riparian corridor ease— ment for public pedestrian and equestrian use only across a portion of Subject Property over the area described as Parcel Two in the legal description attached hereto as said Exhibit. 8. Mutual indemnity Each party shall indemnify and hold harmless the other from any and all claims arising out of activities conduclted by or t=de.-c the auspices of the indemnifying pa--ty- 9. Condemnation In the event that any portion of the Subject Property during the term of this easement is sought to be condemned for pub] isuse, this easement and each and every term, condition, restriction and covenant contained herein shall terminate as of -the t3-me of the filing of the complaint in condemnation. The GRA-NITOR, shall be entitled to such compensation for the taking as he would have been entitled had the Subject Property not been burdened by this easement; provided, however, ;hat each an every state,_' t-e-r-m, condition, restriction and' cov­e=ant c-iLf this eas=I-ent shail observed by 16-RMIWOR his heirs , s=ccessors or assigns , during the pendency of such action and provided further that in the event such action is abandoned prior- to the recordation of a Final Judgment in Condemnation relative to any such property or portion thereof and not actually acquired for a public use, the Subject Property or portion therec:)f, shall, at the time of such abandonment, or at the time it is determined that such property shall not be taken for public use, once again be subject: to> this easement and to each and every stated purpose, term, conditlon, restriction and covenant of this easement; provided, howevez-. -that. if the Subject Property or any portion thereof, is sought: to be acquired, appropriated, or condemned for a use incompatible with this open space easement as defined herein, by any other public or quasi public entity, the presumptions contained in SectIon 1240-680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code may be asserted by DISTRICT to protect its interest in the Sub— ject Property or any portion thereof, and preserve the open space character thereof. EXHIBIT f -b-0 Grant of Open Space Easement - Jenkins Page Seven, 10. Enforceable Restriction This easement and each and every term, condition, restriction and covenant contained herein constitutes an enforceable restric- tion pursuant to the provisions of Section & of Article XIII of the California Constitution and Chapter 6.6 (coramencing with Sec— tion 51070) of Part 1, Division 1, Title 5 of the Government Code and shall bind GRANTOR and his heirs, successors and assigns and— each and all of them and in intended to run with the land._ MIDPENINSULA REGIONAL OPEN SPACE GRIMIT03 DISTRICT ACCEPTED AND APPROVED- Ro y Clifton JexLk._zxs. By: Date-- President, tso.ard of Di.rectuY- ATTEST: District Clerk Date: I EXHIBIT �4 .fit .^C Pr + lk7 f T 1 - 7 TN Trail/Ripariran Corridor Easement or - 99 Open Space Easement (8-996 Acres) AM . J }:� r AC L u Page �1 7XHIBIT A ` 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE(AMENDE.D10-1T-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law.ordrnencecwoovemmentalrputatfon(inetuding but nothrnitedto building endzoningewdinaneoa)restrietinpprogulatmgorprohiyip thoorzuaancy.usaor Mpyment Of the lan4 W regulating the Chi/actef•drrnenaroria Or location of any improvement now or hereafter erected on the tend.or oroh,p.t.ng a separation in ownersh.p ew s reduction in the dimensions a arcs d the land,a the*tteet of any violation of any such taw,ordinance or governmentatregutaoon k Rights of eminent domain or goverrimental rights of Polies Power unless notice of the exercis,of such rights appowa in the public retprQe at Date d poi,cy �. Defects s*naencumbrances,advereeclairna,orothermatt", (a) Created.suffered,assumed or agreed toby Me,insured Wimanfr m pot knew"loth*Compsnp ono not shown by t he Public records but known to the Insured Claimant eitherit?Data of Policyoratthedalasuchclaincantacquiredareeebta4wint*restinsuredbyttus C*f"orecgwired the insuredmOngaga and not disclosed in writing by the insured claimant to the Companypriorto the dat*auehir OdctaiwfaMtreCameanrrraurad t1►rewMS*r; (c) rssuttinginnobatordamsgetbtheinsur*dCta,mant', (d) attaching orcrsatedsubaequentl*Dsteofpoircy(eacspttatheealaeuuqucance,saffoW- e4 here,n ss to any statutory lion for tabor or material Ott*the extent insurance is afforded herein Sato asa*asmMts for*beet�wtdar eanatruction brcom- Pietto at Date of Pdicy) 4. Un*nfor:eab"of the ken of the insured mort;*ge because of failure of the lnslrrsd at Date of Policy or of any wbeogwnt owner to Vw indobted i os to comply wipr appiicabie"doing business-taws of the state in which the land is situated 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B-1970(AMENDED t0-1?-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law.oedinanceoroovommentalrngutation(indudino but"limitedtobutlding&WzorringordirynCsyrsstr;eiinpor Cot the Land or regulating the characterdimensions or location of any un *> *g orD iting L'w►occwasnicy.use or y4ojpymovt dimensioro*d area or N*tang or ehe etttet a vbtatwn d praverhe+rt now or harssftsrersctadantho and,or asasaeatmenmownershracrareducuon,on Ras M any such law.ordinencs or ooremnjrrtat regwabaft Z Rights of eminent domain or governmental rights of Police Power unless notice of the sxe+CTee Of such nights aPpesesiw tfsa aubw f sclov atoetw j Poko>~ 3 Dofects,lions.encumbrancskadvws*clairna,Or~fnatt*ra (a) cressedsuttsretaa+LnedoragrwedtobytheirtawreQrjjrnayrt R# riotkf+owrrte, P0r++panysndnotsfrowre by the Public records but know"to the insured Claimant*;that at Date of Poi. or at t^e date awcl yrryrn>cpyiewp are t,lrar ax2sAst >�nC omo&n a4wrwrthngtry the Insured Claimant to the Company pr+ortOthe 4atesuCrl insured claimant became en rnwr:rs4 herewrMier icl reewthng in ro teeaor clams"totheina4r"Claimant: to attach- kg or cre atod sub"aw"t t*Dat*of policy;or (a) rewtung ink"at damage wq nc,wowirit.not he"been sustain"it tr s Insured by this policy inisurned ++ntttadpsid•stwtet►tttasstat►orinNrpe SCHEDULE S This Policy doss not incurs agairW toes or"me"by reason of the matters shown in Para one and two fetlsedrg: Pon One: 1. Taxes o-assassments which are not shown ea exielft liens by the recoe is of any lasing authority thsd isviss taxers or amesamenlis on rest tirsrpe+tr s►by tors Pubtid records Z Any facts.rights,interests.orelairnswhich are not show"by the Public records NO which could be ascertained byswinepectiprot saw jaindorbtnrakirpMguiryo►psrsonsk► Pori "'a"thereof. .�. Easements,Clarma of asaement Or arwC4rRb,sr+t*s which are root shown by,the public r't�Cor'ttL 4. Discrepancies.Wnfl+cla ift tLMJndany-lir+rrs shot aoi In s/e;enCro+Cnm ertta or any o1hM l Public records acta whietr a Con would t *Q survwr wou6*Ctoes►and which arw riot Shown by . 6. UnPitenfed mining Claims,reservations or excePtions in Want*Or in Acts authorizing the issuance thereof.w al4w rights,claim,or title tswetst IL Any lien,or right to a lien,for sarvrces,labor or material heretdore or hereafter furnished,imposed bylaw and act straw"by the pubdc to wat4 a. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE(AMENDEDIO-IT-TO) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters am expressly esciwdsd from the coverage of thin petier. 1. Any low.ordinanporgowrnmenlsi regulation(induding but not limltsdto building and zoning ordinances)rsstrictingornVulatingortaro►Abitk+@th►oociuvenyyus lirsnjey—nit d the tend.orregulatingth*Character,dimensions Of location danyimprdrament now or,hereaftorerectedon the land.orpemijb4w*gaset ssionino+trnarshiporaredareLsaitsthw dimensions or w►a of the land,or the effso of any violation d any such ter ,ordinance or gooernmentst regutstion 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In this public raeoetls of Dals of f?diCy 3 Defects,litres,oncurnbre^cet,adwrsoCbime.orothormatt*rs (a) crsstet,swtt*red.aasumedorogreedtobythoinsureddtaimant, lb; noRtcerowntortt+st:omparyrandrsbtshawn by the Public records but known to the insured claimant either at Date of Policy or at the date such Claimant acquired an astat*or interest uraursd by this POAst+or aCquirtrd tree Insured mono aoaand not disdosedin writing bythaInau red Ci aim antto the Com PAR y Prior to the asta such insured claim ambecamaaninaur*4hledbyer tq r*wfscaured n as or damage to the insured Claimant; (d) attaching Or created subeaavont to Date of Policy(exC*pt to the extent insurance is afforded tt*r*in as to any ssatutoryf lien for labor Or mst*Aaf or to the exttnt insurance is afforded herein at to assessments for street improvements under construction or completed at Dais of PDircyj. 4 Unenforeeablityotthefienottheinwredmortoaget»causeOffailureoftheinsured&I DateofPolicyorofanysubs*gwrttowneroftheind*aled„tsato Compirwittrappucabie•do„ling business"laws of the state In which the Land is situated SCHEDULES This policy does not irowRa palest loss or damage by Rawson of the matters shown In Pans on*and two falowlreg: f ft Orw. t. Taxes or aas*saments which are not shown as existing fiena by the records of any taxing Outhorfty that bvlea taxes orassesarnwr is on rwoi proportr or try the Public reOo+di 2 Siont"fOett,nghta krtresls o+claimswttichan not shown by the Public rseadxbut vrhktrcouWbessCsRalnedbyaninsPoclive►oraaidiando►bywiliouinpingwiryW persons inposses,. awn the*sor. 3 Eassrrttnta,claims of easement Or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts,in boundary tines,swags In area,encroachments,or any other bets which a Correct tansy would disclose,and wAicfr she not shower by parbtie fecorda tic Unpatonted mining Caima;reservations or exceptions to Patents or In Acla authorizing the issuance thereof;water right;claims or tote to water 4 Any lien,or right to a Ash,for services,labor or material theretofore or hereafter turnisheQ,Imposed bylaw and not shorn by the Pubiie accords► L;X 131 _ Vase of PAGE TWO • y B a+ M a a •� W to s is N w a ' _ a� • . 4-0 d 1 A 1 � .6 1 � ' w 1 n i' U' s�"i �z •� � t!i �� � � j to w cw'«u�r 0 • �' EE cY,g W Cie = gE� W�.1 ►~ a $ • 0 • t. w,,7, x � w. s W w �� E u a It a w 6 (J Ci u o ; �- 8 to N A 8 ) $ rao *0 0. u :ra n�c h Y ^ Z g V + 7! bc�' 8 $..Eo..6 ca � 0Ir Lp $ +Ey�i g1 7�A ! >. •if c }- i 8 ?C Q m • 39 °�y LL °oE�3 z z ; E lil� � W i F dCC WNJq # s Alloy 2 0 ; i wilci� A o �� O /i a L t i x a m Z A i 3{ •�� � w8:c 0 wi3 � ��25 W A � $ w -ccr _uc = Q ® w° a 8a , BY;EuI z N � � ra g oc -+ $ , w 44 Y m g ws w N g x + Y •Oww J 30� � �u�� Z u E p gp W 8� O X U e b fi E jig c ow'wue_ V �!c dsw� Q_ W 1c s• i c pc J c W O U N $ °Ew c e•uE U ?C YE• g eecw • c 3� 7 s n w c8f a �iv3a� 1" W �c ip•�= h $8 8 �a �38 A Q • N • b8$ eq c �•�a O W0.4 d � E o A. _ • ca pdr CL Q c cl Egg y e^c �. Q _ �s `ce u a± �" &u� (� . ; W W S t = c c o._.4 i �ta'.2 d W `o°0 }Z} C o° N c'S • �� 8 '��c fA P. '� .r c $ `� • '//� cE ��� Xa3nwi U g�c X •`c�-�' N � $ x a u =w• '� g • i w b` 4 "w �"• a Lv-;a © = O� • • q•"� Q i. • � AwC q .� (q St X u �a •� c • TO "E$b • • ti1 A o$e EEo u c u W ~ a S w oc g� Eb3i Vy W c � $ w"'8 W c o •o $ �w� p 4.. '� A w c 'g $ > o o Y $ccwo N# T ° u$� F- w • o 0 2 • i 'i Z ,� • �o ~e8 = • E2 U �ci5 oi$� S K c g g�s`i wCw L o W i ; M �C C.Ftoouw WJ jA EEwc $wco h • � g 'E or M•w c i 2 a • E j cc isa Ec7Io h °$ 4EgE3 2 eo " •o$o w w Ye a.i Z I E Y E t is iuc Q uc • fa cud c 3oU� « i �S ���Ig - i Qi E $ a E c c E._ �'±i • •c c ,� �'!w E •`cra s° � ' S iOc= E � 5 � • C Q. o n c° c E a r eg �� E Cn w• E C���r 2 e E uur• D,w�= c p! U. IL = k • t we •u `� •wga `,� 8�c > goc d e g o c_.. • £ u i 0 $ « ° 'c•g > oo sw `ce > oY •" (� scw c w� 3 > ec 8 r �i c r. �` E } o e wi w c a C = a E ""� iE • 8 goCu+w () Ec4- $ $oEu �WcE 8 � E a Y «cE 7• 'gam N [ .E 3 � - bwa 71 E ° E p"q '+ C$Upw wO c c p • wr Y C '' ww t w .awe aid E n°pE °" W �S'w E nY cc d c u!! q S •!ii a !!q > E E E $ L' .w C • • E� a a`O C. 3��' i C O ., • y u g 3 w 8 C F• a i�� •a °$�a� '� •ow u�� r M q E9 a c 4 $ c g E riff ,� « � .fi3 pEil � 8 • .,� C. � ,w, m 2' c' w� a v"°'E +9:• . cj b'a � E w �> 2tE � ::tL'wa«u4 • fe5 - owc•e • _• Sub w E- • • f. t •. E x a y ? " s 'J 5 4 c �'� ��E � u L Q Q+ c C 'I d< S t} • ♦ i ei 44 f Id d f+ d A 6 14 a t TAx coca-AREA_�_-.— 80-39 Z2 23 o N 17 �`•• a PARCEL J 0 d. •! v � p i MRC[t A4RCCL I 7 ago r 5 R,J v J, ' L , a�, of h �,,•) o� PA��gCC4 ! ��0 X • \`� PARM I 1� A � /MRCI! I i ..� r r r. �r+.� .r Y �. .w... ..� w.r w.� ..� ..w .•.. }.�r �X :1 ■q cn Ul r ^* � Y 1 �i PARM MAP VO4 ?s�7 Q pmm ANP W4 00114 LA toYD.I PfSC!�DERO UNIfY�O SCHOOL 01MIC7 AtsftscwY ,ILw aacwrr A's,!,v,v�►to tfu� ,,.�, - ..,.. ... .. ..._.�...... Grant of Open Space Easement - Jenkins Exhibit A Page: I of 1 The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: PARCEL ONE: Beginning at the southeasterly corner of Parcel 2 as shown on that certain map entitled "PARCEL M-;;P, BEING A RESUBDIVISIO�i OB� PARCM 'B' SHOWN ON THE MAP RECORDED -,N VOL. 18 OF PARCEL MAPS AT 1>A GE 3,, SAN MATEO COUNTY, STATE OF C_--1.-=;j.A" filed October 1, 1374 in Book 26 of Parcel Maps at pace 1'_; thence along the soutly line: of said Parcel 2, North 88003 ' 00" .nest 1279.83 feet; thence North 38*28153" East 762.44 feet; thenece Soutth 51131107.1 East-- 10 2?..34 .feet to the Point of Beginning. Containing 8.996 acres of lard, -.ire or less PARCEL TWO: �* A strip of land 100 feet wide lying 50.00 feet on each side of the certerlires of :L,a-be.T-t Creak aad Peters Creek within a portion of ` Parcel 2 as said Parcel 2 is shown on that certain neap entitled "PARCEL MAP BEING A RESUBDIVISION OF PARCEL 'B' SHOWN ON THE MAP RECORDED IN VOL. 18 OF PARCEL MAPS AT PAGE 3, SAN MATEO COUNW, STATE OF CALIFORNIA" filed October 1, 1974 in Book 26 of Parcel Maps at page 14; said portion being more particularly described as follows; Beginning at the southwesterly corner of said Parcel 2; thence North 4059 '23" East 1828.48 feet; thence South 51031*07' East 3064. 87 feet to the southeasterly corner of said Parcel 2; thence North 8800510011 West 2259.66 feet to the Point. of Beginning_ The alignment of Lambert Creek and Peters Creek is generally as shown on the Mindego Hill, Calif. 7.5 ' Quadrangle map (1961) published by U.S. Geological Survey. The exact position of the easement shall be measured from the actual centerline of the creeks as they exist on the ground. I 'age t �F Grant of Open Space Easement - Jenkins Exhibit 8 Page Z of I. The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: Parcel "C" as said parcel is shown on the .Parcel Hap filed April 13, 1973, Book 20 off Pa-cal Maas, Pace 26, San Mateo County Records, State of C=' ; _ornia. EXCEPTING THEREFROM "All ri"al sho ?d arty be found, but this exclusion and excec-'- on,'accorr lns to th,,e. terms, of the statute shall not be corns-trued to include coal and iron lands, as provided for in the Patent from the United States of America to Central Pacif is Railroad Co_ , dated December 24, 1872, recorded January 22 , 1917, Book "3 of Patents, Page 112. { Grant of Open Space Easement - Jenkins Exhibit c Page 3, of 1 The land herein referred to is situated in the' State of California, County of San Mat.aeo, a d is described as follows: PARCEL ONE: BEGINTNI_hG at the southeasterly corner of Parcel 2 as shown on ,that. certain map entitled "PARCEL 14AP, BEI1G A RESUB0=S10-jq Q= PARCEP. 'B' SHOWN ON THE 14AP RECORDED Iti 7.70L. 18 OF pARCEI. :tAnS A67 PAGE 3,, SAN MATEO COUNTY, STATE OF filed 1 1974 in Book 26 of Parcel Maps at page 14; :h—Ca aloacr ;--- erst��-Zy li�exe of said Parcel 2, North 4°18100" =_-= +840_58 feetr thernr-- No=th 88022149" West 2538.22 feet to a -=c.mot is the wesIt-e=Lly 3,-a o.•t a i said Parcel 2 from which the nc�=-.:es-_r?g cm=-=SoLto= said ?arce2 _ bears North 4°59'23" East 100.00 fe=_, t:^_�..^ce jz, 51`31207" East 3064. 87 feet to the Point of Beginning_ Containing 53.566 acres of land, more or less PARCEL TI-0: A non-excius4vc eGs'^"w_ent 60 1�G�.�.. 4.._ w2d. r , fc; �t.u�G,rrY r�i and E'.C3re'SS of �3 L'T s.'�s .i?_ a'=5, n = T - �S and, for '?u Z=, C a''. e i �T2C f Or fJi..her- eo,:Lmercial p=---poses, and for the installation and maintenance: c►F public utility lines, including, gas, water, electrical and tele- phone lines, together with appurtenances thereumto, as ranted i the Deed and Covenants of Easement fromg Jessie Broa?csrx ,. et a2, to Waldo R. Leynse, et al, recorded on December 29, 1"967. in Boc>Ic 5411 of Official- Records at page 733, Records of Sail. 2Zateo► County California. PARCEL T ;E A non-exclusive easement 60 feet in width, for ingress. and egress of pedestrians, vehicles, and for commercial purposes; d for the installation and maintenance of public utility ]Ares, i c:lucU ngg gas, water, electrical and telephone lines, and set4er 2.1nes, alone an existing roadway, as granted in the Deed from pobort j_ jqewson Jr. , et al, to Rancho Diablo Investment Company, recozded E3cttobe37 101 1972 in -Book 6248 of Official Records at page 283, Records o'E San Mateo County, California. EXHIBIT ,JI]r, Pa9e,�t3 of = RIGHT OF REFUSAL WHEREAS, THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter called "DISTRICT,"' is then owner of that certain real property located in the County of San Mateo, more particularly described in Exhibit "A" , as attached hereto and incorporated herein by this reference; WHEREAS, ROY CLIFTON JENK -S , an unmarried mar_, hereinafter called "GRANTOR" is the owner of the property described in Exlai.bi,t "B'* as attached hereto and incorporated herein by h is refere-..cer WHEREAS, GRANTOR would like DISTRICT to hie the f;_-s,t oppor- tunity to purchase the proper-Lv described in hit nB" =or the benefit of DISTRICT and the lan- c=scrY?� in T: hib_t "A" should- GRANTOR ever decide to sell the lads describes. izL Exhiblt, "B"; WHEREAS, it is now the desire and intention of DISTRICT and GRANTOR that the lands described in Exhibit "a" be made subject to certain limitations, restrictions and Covenants for the benefit of DISTRICT, its successors and assigns and the land described in ` Exhibit "A" NOW, T=- -=,O=E�, IT IS AGREED that 1--e there can be a valid sale or transfer of all or any portion of the parcel de- scribed in Exhibit "B" , GRANTOR, his heirs, successors,, or assigns shall first offer said parcel or part thereof to DISTRICT, its successors or assigns in the following manner: 1. Upon receipt by GRANTOR of a bona fide offer by a third party to purchase GRANTOR'S, property (which bona fides shall be subject to verification by DISTRICT) , GRANTOR shall deliver to DISTRICT at its principle place of business, by mail or other appropriate means, a notice in writing, accompanied by a copy of such offer, which shall set forth the price, terms and conditions of such offers the number of acres being sold and GRANTOR'S intention to accept such offer. Within twenty-one (21) days there- after, DISTRICT or its successor shall have the prior right to purchase said property at the price and upon the terms and conditions stated in such notice.. Such right may be exercised by delivery in writing by mail or- other appropriate means to GRANTOR of a notice of exercise of right to purchase. 2. If DISTRICT or its successor notifies GRANcTOR that it does not wish to exercise the right of first refusal or if the right is not exercised within the twenty-one (21) day period, GRANTOR shall be free to sell GRA--%-TOR•S property to such purchaser, but only at the price and capon the terms and conditions stated in the afore:aentioned noti EXH#B1Tc Waged Right of Refusal - Jenkins Page Tqv providing that said offer results in a valid %_-rans:'Eeir or c>:, sale of GRANTOR'S property within six (6) jv. _ths of the DISTRICT'S failure to exercise its right of first irefusal- A waiver by DISTRICT of one such opportunity to purchase shall not be deemed a waiver of any futurie right to pur- chase, it being the intent and agreement. of the parties that the right'- of first refusal hereby granf_--�'d, shall run with GR7-_N­0R's land in perpetuity as here:Lna_--Z_e3:' set- forth- 3. In the event DISTRICT o= its successors or assigns exer- cise the right of r L-irst f � - re fusal as provided, herei-nabove.. GRANTOR agrees to ede-14 the Pro.pert:_y desarlb_d in McMblt "B" vacant of all - Z' and personal pr7op-ex-ty, at the close of escrow, and GRAINNTCR, cz- be",a'l- 0.4, 'h;:�, gn-s , =�-z _ hj s heirs, -rs successors or assi on bey -t c-E- he temants. and occupants of the he-"nY sm-eci-f-icalls: walves, and releases DISTRICT c= it_s successors = .4=0= any and all claims,. by whatever name k-now, including, but. not 1-Inlited to claims for relocation bene-fits and/or payments pursuant to, Cali— fornia Code Section 7260 and following; and GRANTOR agrees to hold DISTRICT harmless and reimburse DISTRI -ILCT for any and all liability, losses and expenses oacasloned by reason of any and all of such claims. IT IS AGREED, th-a-t- this Covenant is made (a) for the ber.efit of the DISTRICT, its successors or assigns; (b) for the. bene— fit of the residents of the San Francisco flidpeninsula area in which this property is located; and (c) for the benefit af the lands de— scribed in Exhibit "A" . This Covenant is expressly intended by GRANTOR and DISTRICT to run with the land described in :Exhibit 'R" to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest: therein, and shall be enforceable by DISTRICT, its successors a-rid assigns and all parties having any right, title or interest in. -the land described in Exhibit "A". IN WITNESS WHEREOF, the parties hereto have executed this Right of Refusal this day of 1984- MIDPENINSULA REGIONAL OPEN SPACE GRANTOR DISTRICT, a Public District By President, Board of Directors Roy Clifton Jenkins ATTEST: District Clerk Cx%.H 1 13 IT --Page Right of First Refusal - Jenkins Exhibit A Page I of I The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: PARCEL ONE: �-' = o BEGINNING at th - e sou�nea ster_v cv__- _ _r of Parcel 2 as sho�.zzz on that certain map entitled "PARCEL —A-=, EEING A RESUBDIIVISIOxq OF PARCEZ* e r .. - B SHOWN Fr SHO ON THE �MAP RECORD`. _�, ;�,�. 18 OF PAS!'' -:- rLAPS AT PAGE 3� SAN MATEO COUNTY, STATE OF Cam' t=U=' '__�" filed. Oc-`,_o_beer 1, 1974 in Book 26 of Parcel Maps at pace ?4; thence a.loaq t:--e easterly line of said Parcel 2 , North 4°18 00" Ma-st 1840_59 thence North 88*22 ' 49" West 2538.22 feet a mac;�t i_r_ the we.star?y line 0Y said Parcel 2 from which the coriex�- 0_ said. Parcel bears North 4*59123" East 100.00 feet; thence Sou.tcz 51131107" East 3064. 87 feet to the Point of Beginning_ Containing 53.566 acres of land, more or less PARCEL TWO: A non-exclusive easement 60 feet in width, for ingress and egress of pedestrians , vehicles and for hauling of lumber and nor other commercial purposes, and for the installation and maintenance of public utility lines, including, gas, water, electrical and tele- phone lines, together with appurtenances thereunto, as granted In the Deed and Covenants of Easement from Jessie Brooks, et a2, to Waldo H. Leynse, et al, recorded on December 29, 1967, in Book. 5411 j of Official Records at page 733, Records of San ma-teo County, California. PARCEL THREE_:, A non-exclusive easement 60 feet in width, for inc=-ess and egress of pedestrians, vehicles, and for commercial purposes; and for the installation and maintenance of public utility lines, including gas, water, electrical and telephone lines, and se-wer lines:, along an existing roadway, as granted in the Deed from P_obert. J_ Newsom, Jr. , et al, to Rancho Diablo Investment Company, recorded October 10, 1972 in Book 6248 of Official Records at page 283, Records of San Mateo County, California. _ EXHIBIT Page of Right of First Refusal - Jenkins Exhibit B Page I of 2 The land herein referred to is situated in the State of California, County of San I-Lat_eo, and is described as follows : PARCEL I: Parcel 2 as shown on that --p entitled mmp 13,EING A RESUBDIVISIONI OF PARCEL IBI S7-0_A_-N_ MTO T-H-E 21.1--%? ?ZCO?,D, =-:D 1N VOI,_ 18 OF PARCEL MAPS , AT PAGE 3, Co-u-,=. , S=.. -= 0-=- CAT-r-,:.OR NIA_ filed in the office of the Co=L_-__1;' of sa--a Y_a_t:e0 courltyr State of California on October 1- 1974 in Book 26 of Pax-cel. Maps at page 14. EXCEPTING THEREFROM a portion of said Parcel 2 described as follows 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 feetr thence leaving said line north *88* 221 44" west 2,539.22 feet to a point in the westerly line of Pa-rcel, 2; thence northerly and easterly along the westerly a:-�d northerly _11 .;_nes of Parcel 2 nortli 4c" 591 23" east 100. 00 feet, and south 880 22 ' 49" east 2,537-02 feet to the point of beginning. ALSO EXCEPTING THEREFROM a portion of said Parcel 2 described as. follows: Beginning at the southeasterly corner off saleL Parcel 2 thence along the easterly line of said Parcel 2, rto_rth 40' 181 002* east 1,840.58 feet; thence north 880 221 49" west 2,538.22 feet to a point in the westerly line of said Parcel 2 from. which the northwesterly corner of said Parcel bears north 4'0' 591 23" east. 100. 00 feet; thence south 51* 311 07" east 3,064-87 feet- to the point of beginning. ALSO EXCEPTING THEREFROM all mineral lands should any such be found to exist, excluding coal and iron sand from said exception, as contained in the Patents from the United States of -k—meiri-ca to Western Pacific Railroad Company of California, dated ',1:'-Sarch 25, 1868 and recorded May 1, 1874 in Book 1 of Patents at page 470 , and re-recorded January 23 , 1917 in Book 3 of Patents at page 131 , Records of San Mateo County, California, and fro-a the United States of American to Central Pacific Railroad Co. , dated December 24, 1872 and recorded January 22 , 1917 in Book 3 of Patents at page 112, Records of San Mateo County, California. E.-ACHNISIT- Page 4: owl' Right of First Regusal - Jenkins Exhibit B Page 2 of PARCEL II: A non-exclusive easement 60 feet in width, for ing--ess and egress of pedestrians, vehicles and for hauling of lumber and for other commercial purposes, and for the installation and mmaizite-nance of public utility lines , including, gas, water, electrical and telephone lines , together with appurtenances there-unto, as granted in the Deed and Covenants of Easement from Jessie Brooks , et al, -to Waldo H. Leynse, et al, recc_-wed on December 29, 1967 in Book 5411 of Official Records at page 7733 , Records of San -Mateo County, California. PARCEL III: A non-exclusive easement 60 zff-est -in wiatai, for ing--ess an-d egress of pedestrians, vehicles , and -.;c_or commercial Purposes; and. for the installation and maintenance of- public utility lines, including gas, water, electrical and telephone lines, and lines, along an existing roadway,, as granted in the Deed frowL Robert J_ Kewson, Jr. , et al, to Rancho Diablo Investment Company, recorded October 10, 1972 in Book 6248 of Official Records at page 283, Records of San Mateo Countyl California. EXHIBIT PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between Peninsula Open Space Trust, a California non-profit corporation, hereinafter called "TRUST" and the Midpeninsula. Regional open Space District, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY TRUST agrees to sell to DISTRICT, and DISTRICT agrees to purchase from TRUST, TRUST'S real property located within an unincorporated area of the County of San Mateo, - r­ State of California, consi Cing of 96 acres, more o s4 less, and commonly refer-red to as San Mateo County Asses- sor's parcel number 030-4200-020, being more particularly described in Exhibit OA" attached hereto and by this reference made a part hereof. Said property to be con- veyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands , and any and all improvements and/or fixtures attached or affixed thereto- 2. PURCHASE PRICE AND IVIATNTNER OF PAYMENT The total purchase price shall be Eighty Thoidsand and No/100 Dollars ($80 ,000. 00) payable in cash at such time as escrow may be closed and title conveyed to the DISTRICT under the terms and conditions set forth herein. 3. TITLE AND POSSESSION Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judg- ments, easements, taxes, assessments, Deeds of Trust, mortgages, covenants , restrictions, rights and condi- tions of record except: a) taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code; b) any such title exceptions as may be acceptable to DISTRICT. 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this trans- action. TRUST 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 , or any other charges , costs , or fees incurred in order to deliver marketable title to DISTRICT. Purchase Agreement - POST Page Two 5. COMMISSIONS DISTRICT shall pay a real estate agent's fee in connection with this transaction in the amount of Four Thousand Five. Hundred and No/100 Dollars ($4 ,500.00) to Conservation Partners , a Corporation, at close of escrow as further provided herein. 6. LEASES OR OCCUPANCY OF PREMISES TRUST 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 occupying the prop— erty. TRUST 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 claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. TRUST understands and agrees that the provisions of this para— graph shall survive the close of escrow and the recordation of any Grant Deed (s) . IL 7. WAIVER. OF STATUTORY COMPENSATION TRUST understands that it may be entitled to receive the fair market value of the Property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et sect. TRUST acknowledges that it is familiar with the applicable Federal and California law_ TRUST herebywaives all existing i and future rights t may e r ht i g g Y have to receive the fair market value of the Property under any applicable Federal or California law. 8. ACCEPTANCE AND TERMS OF ESCROW Provided that TRUST executes this Agreement on or before May 18, 1984 , DISTRICT shall have until June 29, 1984 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by TRUST to sell and convey the aforesaid real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As consideration for the tender of this offer, DISTRICT has paid and TRUST ac— knowledges receipt of the sum of Ten and No/100 Dollars ($10. 00) . On condition that this Agreement is accepted and executed. by DISTRICT, as above provided, this transaction shall close through an escrow to be conducted by First American Title Insurance Company, 555 Marshall Street, Redwood City, California 94064 , or other such escrow holder as Purchase Agreement - POST Page Three may be designated by DISTRICT. Time being of the essence this escrow shall close on or before thirty (30) days following the date this Agreement is accepted and executed by DISTRICT. 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns or successors in interest of the parties hereto. v ,� MZD_ENINSULA REGIONAL OPEN SPACE PE?+TIL'vSULA OPEN SPACE TRUST, DISTRICT: a Califo-Tama ?+Ion-Profit Corporation. APPROVED AS TO FORM: ;By' 6&V Ae;wL'1-' Robert AugXburger u Executive Director Stanley Norton, District Counsel Date: ACCE -. FOR RECOMMENDATION: r L. Craig Britton, SR A Land Ac . uisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: EXHIBIT "A" I I The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows : PARCEL I: BEGINNING at the Northeast corner of the Southeast 1/4 of Section 27, Township 7 South, Range 3 West, Mount Diablo} Base and Meridan in the State of California, a mound of stones in the South brae of Glen Gloaming; thence West thru chapparal and timber to the North- west corner of said quarter section; thence South thru chapparal and timber to the center of the living running stream of Afton Water; thence Eastward by Southerly following the meanderings of the low water channel of said Afton Water, ascending the center of ripples, pools, rapids, cascades and waterfalls constituting said `.' stream to an intersection of the East line of Section 27 aforesaid; thence North from the center of and leaving said stream and so t continuing thru ti- ber, crossing Monan 's R.i.11., North thru chapparal to the place of beginning. BEING the same lands as conveyed to William G_ Glass, by Deed re- corded in Book 74 of Deeds at Page 202 , Records of San Mateo County, California. PARCEL II: An easement for ingress and egress across the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 26, Township 7 South, Range 3 West, M. D. B. & M. , as set forth in Grant of Easement from Waldo H. Leynse et ux to Ross Estate Co. , et al, recorded on December 14 , 1967 in Book 5406 of Official Records at Page 192 (File No_ 4940-AB) , Records of San Mateo County, California_ i l I PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between WILLIAM A. GUENTHER and CAROLYN WAFLE, as Community Property, hereinafter called "SELLERS" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, hereinafter called "DISTRICT" . 1 . Introduction and Description of Purchased Property a) SELLERS agree to sell to DISTRICT and DISTRICT agrees to purchase from SELLERS an open space easement over certain of SELLERS' real property hereinafter referred to as "PROPERTY" located within the County of San Mateo, State of California, as described in Exhibit 1, attached hereto and incorporated herein by reference. b) The easement to be conveyed shall be in the form set forth in Exhibit 11, attached hereto and incorporated herein by reference. 2. Timing of Easement Transfer a) It is understood that SELLER is acquiring fee simple title to PROPERTY from the Peninsula Open Space Trust, subject to SELLERS' obtaining a lot line adjustment from the County of San Mateo. The easement shall be transferred to DISTRICT simultaneously with the transfer of fee simple title to SELLERS. b) This Agreement and completion of the conveyance of the interest in real property as provided herein shall terminate six (6) months from the date hereof, provided however that DISTRICT shall have the option to extend this Agreement by written notice delivered to SELLERS thirty Y(30) days prior to the termination of this Agreement or any extension thereof. 3. Purchase Price and Manner of Payment a) The purchase price for the easement to be conveyed shall be Thirty Thousand Dollars ($30,000.00) . b) Payment for the easement shall be in cash. c) DISTRICT shall pay escrow and recording charges incurred in connection with conveyance of the easement pursuant to this Agreement. d) SELLERS and DISTRICT each warrants and agrees to hold the other free and harmless from any and all additional costs, liability, loss, damage, or expense including costs of legal services, occasioned by and in connection with the execution of this Purchase Agreement and the easement conveyed pur- suant to this Agreement. 4. Commissions DISTRICT shall have no obligation to pay any real estate agent's commission or other related costs or fees in connection with this Agreement. i S. Leases or Occupancy of Premises SELLERS warrant that there are no oral or written leases or rental agreements affecting any portion of the PROPERTY or interests therein being conveyed to DISTRICT or any persons lawfully occupying said property wherein said lessees or tenants or occupants shall be dis- placed as a result of the conveyance of this easement as set forth herein and SELLERS further warrant and agree to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss or expense, including costs for legal services, occa- sioned by reason of any such lease, rental agreement or occupancy of the property wherein said lessees or tenants or occupants shall be displaced as a result of the conveyance of the easement as set forth herein (including, but not limited to relocation payments and expense provided for in Section 7270 et seq, of the California Government Code) . 6. Survey In the event a survey is necessary for SELLERS' use in the prepara- tion of maps or legal descriptions for the conveyance of the easement as provided in this Agreement, said survey shall be conducted by and paid for by SELLERS. However, any survey requested by DISTRICT solely for its own use shall be paid for by DISTRICT_ - 2 - 7. Waiver of Statutory Compensation SELLERS understand that they may be entitled to receive the fair market value of the PROPERTY or interest therein under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 et seq. SELLERS acknowledge that they are familiar with the applicable federal and California laws, and SELLERS hereby waive all existing and future rights he may have to receive the fair market value of the PROPERTY or interest therein under any applicable federal or California law. 8. Acceptance and Term of Escrow DISTRICT shall have thirty (30) days from and after the execution hereof by SELLERS to accept and execute this Agreement and during said period this Agreement shall constitute an irrevocable offer by SELLERS to enter into contract with DISTRICT on the terms and conditions set forth herein, in consideration of which DISTRICT has paid and SELLERS acknowledge receipt of the sum of Ten Dollars ($10.00) . Providing this Agreement is accepted and executed by DISTRICT, this transaction shall close in accordance with the provisions of Paragraph 2 hereinabove. 9. Accrual The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns and/or successors in interest of the parties hereto. i - 3 - I MIDPENINSULA REGIONAL OPEN WILLIAM A. GUENTHER and CAROLYN SPACE DISTRICT, a public WAFLE, as Community Property District: r--�--� APPROVED AS TO FORM: • � i WIL IAM ' . GUENTHER Stanley Norton, District Counsel CAROLYN WAFLE , ACCERI FOR RECOMMENDATION: Dated: leg L. Craig 4 itton, SR/WA Land Acquisition Manager RECOMMENDED FOR APPROVAL: ---f-c . -,;�,-r'`�•.p�r-LIB Herbert Grench, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: Clerk of the Board of Directors Dated: - 4 - EXHIBIT j The land referred to is situated in the State of California, County of San Mateo and is described as follows: Parcel "C" as said parcel is shown on the Parcel Map filed April 13, 1973, Book 20 of Parcel Maps, Page 26, San Mateo County Records, State of California. EXCEPTING THEREFROM "All mineral lands" should any be found, but this exclusion and exception, according to the terms of the statute shall not be construed to include coal and iron lands, as provided for in the Patent from the United States of America to Central Pacific Railroad Co., dated December 24, 1972, recorded January 22, 1917, Book 3 of Patents, Page 112. I EXHIBIT 11 A.P.N. 080-400-070 Recorded at the request of: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Attn: L. Craig Britton GRANT OF OPEN SPACE EASEMENT Recitations 1 . The undersigned, WILLIAM A. GUENTHER and CAROLYN WAFLE, hereinafter called "GRANTORS" are the owners of the fee simple estate in and to that certain real property hereinafter called the "Subject Property," situated in the County of San Mateo, State of California, more particularly described in Schedule "A" attached hereto and incorporated herein by this reference. 2. It is the desire of GRANTORS to grant to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, hereinafter called "DISTRICT." an open-space easement on, upon, over, across and under said Subject Property pursuant to Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code. 3. GRANTORS and DISTRICT recognize the scenic, aesthetic and special character of the region in which their respective properties are located, and have the common purpose of conserving the natural values of their respective proper- ties by the conveyances of an open-space easement on, over, and across the Sub- ject Property which shall conserve and protect the animal, fish, bird, and plant population and prevent the use or development of that property for any purpose or in any manner which would conflict with the maintenance of the Subject Pro- perty in its natural, scenic, open and wooded condition. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, GRANTORS hereby grant to the DISTRICT an open space easement, upon, over and across the Subject Property in perpetuity on the following terms and conditions: 1 . Reservation of Use by GRANTOR GRANTORS reserve the right to use the Subject Property in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants of this easement and with existing zoning and other laws, rules and regulations of the State of California and the County of San Mateo, or the agency having juris- diction, as such laws, rules and regulations may hereafter from time to time be amended. GRANTORS further specifically reserve the right to do the following, such right in no way to be considered as a limitation of the general reservation of right described in the preceding paragraph: a. Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the property; b. Construct and maintain private trails for hiking and horseback riding within the easement area, including both internal traits and connecting trails with adjacent DISTRICT land, such latter trails to be planned under mutual agreement with DISTRICT regarding location and design; c. Remove diseased and/or dead plants and trees and remove such timber as may be required for fire prevention, or public health and safety; d. Plant native species of plants; e. Drill wells, lay underground pipes, and build a storage tank and pump house for domestic and fire protection water uses only to be consistent with minimal disturbance of natural environment; f. Temporarily store crushed rock and stone for road maintenance purposes to existing driveway as indicated in Exhibit B attached hereto; g. Build a carport and/or garage for two motor vehicles, sub- ject to design review and approval by DISTRICT, which shall not be unreasonably withheld within area designated in Exhibit B. 2. Limitations on Use by GRANTORS GRANTORS covenant and agree for themselves and their successors and assigns, except where contrary to the above described rights specifically re- tained, GRANTORS shall not do any of the following: a. Erect, construct, place, or maintain or authorize the erec- tion, construction, placement or maintenance of any improve- ment, building or structure or any other thing whatsoever on the Subject Property other than such improvements, buildings, structures, or other things existing on said property at the time of the granting of this easement, or as reserved by GRANTORS under Paragraph 1 of this Grant. 2 b. Use or authorize the use of the Subject Property for any purpose except as open space. c. Use or authorize others to use the Subject Property or any portion thereof as a parking lot, storage area or dump site or otherwise deposit or authorize to be deposited on said Subject Property or any portion thereof temporarily or otherwise anything whatsoever which is not indigenous or natural to said Subject Property, except as reserved by GRANTOR under Paragraph 1 of this Grant. d. Cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, or concrete or other material which does not constitute natural cover for the land, and shall not otherwise disturb the natural cover for the land. e. Fish, trap, hunt, capture, kill or destroy or authorize the fishing, trapping, hunting, capturing or destruction of fish or aquatic life of the. Subject Property except in conjunc- tion with scientific research and/or for health or safety purposes. f. Hunt or trap or authorize the hunting or trapping of animal life on the Subject Property. Pursuant thereto, GRANTORS, their successors or assigns, shall not trap, kill capture or destroy or authorize the trapping, killing, capturing or destruction of animal life on the Subject Property except under prior written permission of the County of San Mateo for health and safety purposes only. g. Divide or subdivide the Subject Property or otherwise convey (other than under threat of condemnation) a portion of such property less than the whole to one or more parties or convey said Subject Property to two or more parties each of whom acquire title to less than the whole of the Subject Property. As used herein "party" means and includes the person, corporation, partnership, or other legal entity capable of holding title to real property. h. Cut, uproot or remove or authorize the cutting, uprooting or removal of timber or trees or other natural growth found or located on said Subject Property except as may be required for fire prevention, elimination of diseased growth, or con- struction and maintenance of foot traits, or maintenance of the existing roadway. - 3 - i. Excavate or grade or authorize any excavation or grading to be done or place or authorize to be placed any sand, soil, rock, gravel or material whatsoever on Subject Property except for construction and maintenance of foot trails and maintenance of the existing roadway. j. Operate or authorize the operation on the Subject Property of any motor bike, trail bike, go cart, or other motor driven or motor powered vehicles except those motor vehicles reason- ably necessary for the use of GRANTOR for the accomplishment of the purposes for which the Subject Property is used pursuant to the terms and conditions, restrictions and covenants set forth herein for the Subject Property. GRANTOR shall be prohibited from such approved use within the riparian corridor described in Paragraph 7 herein. k. Place any advertising signs of any kind or nature on the Subject Property except for identification and directional purposes consistent with the use of the Subject Property as further provided herein. I. Plant vegetation on the Subject Property except for approved soil management, erosion control, reforestaVion and land- scape screening; all vegetation so planted shall be native California vegetation indigenous to the area. m. Excavate or change the topography of the Subject Property except as allowed and approved in accordance with the terms and conditions hereof. n. Use or allow the use of firearms or dangerous weapons on the Subject Property except for personal protection and safety. o. Use or authorize the use of fireworks or pyrotechnics on the Subject Property. p. Play or perform or allow the playing or performance of loud and disturbing amplified music. q. Build, light or maintain, or authorize others to build, light or maintain any open or outdoor fire. r. Mine, extract, sever or remove, or permit or cause to be mined, extracted, severed or removed any natural resource found or located on, above, or under the Subject Property in a manner that would jeopardize or alter the natural scenic character of the property, or to otherwise engage in any acti- vity on the Subject Property which will or may destroy the natural and scenic characteristics of the Subject Property. 4 - 3. Rights of DISTRICT The DISTRICT shall have the right to periodic inspection of the Subject Property with prior notification of GRANTORS who shall receive in a timely manner a copy of the report of such inspection by DISTRICT. The DISTRICT shall have the right to use the existing roadway for patrol and maintenance purposes by DISTRICT employees or contractors only. GRANTORS shall have no affirmative obligation to maintain the existing roadway for such use by DISTRICT. DISTRICT agrees that it will contribute, in the aggregate each year, an amount which shall not exceed the lesser of Two Hundred Dollars ($200.00) or twenty percent (20%) of receipted invoices toward the annual maintenance of the road from the southerly boundary of Subject Property to the northerly boundary of the property described in Exhibit C , attached hereto and incorporated herein by reference. 4. Limitations on Use by DISTRICT The DISTRICT shall not utilize the Subject Property in any manner what- soever, except as provided in paragraphs 3, 6 and 7 of this Grant of Easement. 5. No Authorization for Public Trespass The granting of this easement and its acceptance by DISTRICT does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the Subject Property or as granting to the public or any member thereof any tangible rights in or to the Subject Property or the right to go upon or use or utilize the Subject Property in any manner whatsoever, except as provided in paragraph 7 hereinbelow (Public Trail Easement) . It is understood that the purpose of this easement is solely to restrict the use to which the Subject Property may be put so that Sub- ject Property may be kept in its natural condition, subject to continued use by the GRANTORS for their purposes and uses and the public trail easement as fur- ther described below. 6. Enforcement GRANTORS grant to DISTRICT, the right, but not the obligation, to enter upon the Subject Property for the purpose of removing any building, structure, improvement or other thing whatseover constructed, erected, placed, stored, deposited or maintained on the Subject Property contrary to the stated purposes of this easement or to any term, condition, restriction or covenant of this ease- ment or to prevent or prohibit any activity which is contrary to the stated pur- poses, terms, conditions, restrictions or covenants of this easement which will 5 or may destroy the natural and scenic characteristics of the Subject Property, subject however to thirty (30) days written notice to GRANTORS to DISTRICT before commencement of any action on the part of DISTRICT under this paragraph. The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California- 7. Public Trail/Riparian Corridor Easement GRANTORS hereby grant to DISTRICT a trail/riparian corridor easement for public pedestrian, and equestrian use only across a portion of Subject Pro- perty. The term trail/riparian corridor easement shalt mean a strip of land not to exceed one hundred (100) feet in width immediately adjacent to and parallel with the Peter's Creek lying fifty (50) feet on either side measured at right angles from the center line of Peter's Creek. 8. Mutual Indemnity Each party shall indemnify and hold harmless the other from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party. 9. Condemnation In the event that any portion of Subject Property during the term of this easement is sought to be condemned for public use, this easement and each and every term, condition, restriction and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation- The GRANTORS shad be entitled to such compensation for the taking as they would have been entitled had the Subject Property not been burdened by this easement; provided, however, that each and every stated term, condition, restriction annd covenant of this ease- ment shall be observed by GRANTORS, their successors or assigns, during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a Final Judgment in Condemnation relative to any such property or portion thereof and not actually acquired for a public use, the Subject Property shall, at the time of such abandonment, or at the time it is determined that such property shall not be taken for public use, once again be subject to this easement and to each and every stated purpose, term, condi- tion, restriction and covenant of this easement; provided, however, that if the Subject Property is sought to be acquired, appropriated, or condemned for a use incompatible with this open space easement as defined herein, by any other public or quasi-public entity, the presumptions contained in Section 1240.6ao of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code may be asserted by DISTRICT to protect its interest in the Subject Property, and preserve the open space character thereof. 6 - 10. Enforceable Restriction This easement and each and every term, condition, restriction and covenant contained herein constitutes an enforceable restriction pursuant to the provisions of Section 8 of Article Xlil of the California Constitution and Chapter 6. 6 (commencing with Section 51070) of Part 1, Division 1, Title S of the Government Code and shall bind GRANTORS and their successors and assigns and each and all of them and is intended to run with the land. WILLI ,m- A. GUENTHER CAROLYN WAFLE , As Community Property II I - 7 - EXHIBIT A The land referred to is situated in the State of California, County of San Mateo and is described as follows: Parcel "C" as said parcel is shown on the Parcel Map filed April 13, 1973, Book 20 of Parcel Maps, Page 26, San Mateo County Records, State of California. EXCEPTING THEREFROM "Ail mineral lands" should any be found, but this exclusion and exception, according to the terms of the statute shall not be construed to include coal and iron lands, as provided for in the Patent 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. ., �. .r � vy S � .� .� � Syr ,� � Ld}�y��� „•� r �r�r,;a�+� L z� � ,r r ..+ {n1 11 ' ,•r� � .. 'E .\ �`'�tS3i, •. �• �+,. ..t�' •�, �•11 ;k ..i ;�', Y �4�. .�'•c' '�'t'�•:. r. r•t Y as•_ t `� J�• �y�r` �• �Q.. J+" .f.� .i�•' + ':�4 � � a; 1•[_ �'. tt illll , n f + a i,' 3 r S a• rD�• .J,�.v � j,$`''�'s's '"�r.,�•""�7!aU. '� ,,( •l:••. /l .. ,a +i� ,� t s + •`,T f j'/ Y �t 61 1: "`< t.A, f,� �1�,hkr,•.� Y`�6r 4•; ,,•,. r,. //�'+�G.tljg �tlol�� � i. � r '- ��� a• •A �' jr? M1}'7 }•� �r � ,- � :4:' .5.� z6. 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' -;• 't r .. d.•,��' ;1i -^,�-� � r�Ts X• � � `f, j•S�� ��' -nf I �''� r .fr. '.r{S;,!+,�"''R �� �"�`j �. .f-' r � •:��: 'IS9r'.; ` J'CM.3' �:ri-'. •••ti �•'• Asa'} t. �!, "y � si'fts'��•'.T4.• ti11,�; � '7.c11 p., '� '�; ,.t �s�a+m� 'y ' 7r.. £� � �• ��`fi' � �, l,••,��; 3r , !,. �r + l � �� �� ~ � i 1 ..�:. 4:� .•t!• ., yv�r :• � � �"°�':t'- j7 ,•:art,- 1 �y �'� �aS r + t` . - 9�Wy.d1q'4�F- t.. � �,�[ �+ r' I �. 3 4iti, ..s.4'+x.'� '� �:5� 'y::. S%y!:{�V'•' � 1. �y� « `- '�� -Fv �Pll.nth.,. e •' '� �+7� yS� � itC' j, i-r•+ i. sA tl•�_ •c� ',�: .^�it '�•' {. '� �r. �i `••r•c y y;..it's .,�,� :lkf7' J�+�~ �;• %� ("r- Nf lL � '►„ SIB YS_> '016t! �f .v t '�' e ,�' `•y p(>t,: t+JM 1 r ,1 )� t,, j+• "`'� ".tom �: !n. n,•,. r .f� ';r �► "� r„4r '7 1 i t� h• t •r' r EXHIBIT C The land herein referred to is situated in the State of California, County of San Mateo and is described as follows: Being all of Parcel 2 as shown on that certain trap 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 in the office of the County Recorder of San Mateo County, State of California on October 1, 1974, in Book 26 of Parcel Maps at page 14. PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between JAMES A. LOHR and JUDITH A. LOHR, as Joint Tenants, hereinafter called "SELLERS" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, hereinafter called "DISTRICT" i . Introduction and Description of Purchased Property a) SELLERS agree to sell to DISTRICT and DISTRICT agrees to purchase from SELLERS an open space easement over certain of SELLERS' real property hereinafter referred to as "PROPERTY" located within the County of San Mateo, State of California, as described in Exhibit 1, attached hereto and incorporated herein by reference. b) The easement to be conveyed shall be in the form set forth in Exhibit 11, attached hereto and incorporated herein by reference. 2. Timing of Easement Transfer a) It is understood that a lot line adjustment is being made to the adjoining Parcel C, now owned by the Peninsula Open Space Trust. The easement shall be transferred to DISTRICT simul- taneously with the transfer of fee simple title to said Parcel C from the Peninsula Open Space Trust to William A. Guenther. b) This Agreement is contingent upon the SELLERS' receipt from the County of San Mateo that their remaining parcel following the above lot line adjustment represents a conform- ing parcel. c) This Agreement and completion of the conveyance of the interest in real property as provided herein shall terminate six (6) months from the date hereof, provided however that DISTRICT shall have the option to extend this Agreement by written notice delivered to SELLERS thirty (30) days prior to the termination of this Agreement or any extension thereof. 3. Purchase Price and Manner of Payment a) The purchase price for the easement to be conveyed shall be Thirty Thousand Dollars ($30,000.00) . b) Payment for the easement shall be in cash. c) DISTRICT shall pay escrow and recording charges incurred in connection with conveyance of the easement pursuant to this Agreement. d) SELLERS and DISTRICT each warrant and agree to hold the other free and harmless from any and all additional costs, liability, loss, damage, or expense including costs of legal services, occasioned by and in connection with the execution of this Purchase Agreement and the easement conveyed pur- suant to this Agreement. 4. Commissions DISTRICT shall have no obligation to pay any real estate agent's commission or other related costs or fees in connection with this Agreement. 5. Leases or Occupancy of Premises SELLERS warrant that there are no oral or written leases or rental agreements affecting any portion of the PROPERTY or interests therein being conveyed to DISTRICT or any persons lawfully occupying said property wherein said lessees or tenants or occupants shall be dis- placed as a result of the conveyance of this easement as set forth herein and SELLERS further warrant and agree to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss or expense, including costs for legal services, occa- sioned by reason of any such lease, rental agreement or occupancy of the property wherein said lessees or tenants or occupants shall be displaced as a result of the conveyance of the easement as set forth herein (including, but not limited to, relocation payments and expense provided for in Section 7270 et seq. of the California Government Code) . 6. Survey In the event a survey is necessary for SELLERS' use in the prepara- tion of maps or legal descriptions for the conveyance of the easement as provided in this Agreement, said survey shall be conducted by and paid for by SELLERS. However, any survey requested by DISTRICT solely for its own use shall be paid for by DISTRICT. - 2 - % % a;. Waiver of Statutory Compensation SELLERS understand that they may be entitled to receive the fair market value of the PROPERTY or interest therein under the Fed- eral Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 et seq. SELLERS acknowledge that they are familiar with the applicable federal and California laws, and SELLERS' hereby waive all existing and future rights they may have to re- ceive the fair market value of the PROPERTY or interest therein under any applicable federal or California law. 8. Acceptance and Term of Escrow DISTRICT shall have thirty (30) days from and after the execution hereof by SELLERS to accept and execute this Agreement and during said period this Agreement shall constitute an irrevocable offer by SELLERS to enter into contract with DISTRICT on the terms and conditions set forth herein, in consideration of which DISTRICT has paid and SELLERS acknowledge receipt of the sum of Ten Dollars ($10.00) . Providing this Agreement is accepted and executed by DISTRICT, this transaction shall close in accordance with the provisions of Paragraph 2 hereinabove. 9. Accrual The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns and/or successors in interest of the parties hereto. - 3 MIDPENINSULA REGIONAL OPEN JAMES A. and JUDITH A. LOHR, SPACE DISTRICT, a public as Joint Tenants District: APPROVED AS TO FORM: J e A. LoKr Stanley Norton, District Counsel Judith A:-Lahr ACC P E FOR RECOMMENDATION: �) Dated: ' - a L. CraivBritton, SR/WA Land Acquisition Manager RECOMMENDED FOR APPROVAL: Herbert Grench, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: Clerk of the Board of Directors Dated: - 4 - EXHIBIT j The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: Commencing at the Northwesterly corner of Parcel "B" as said parcel is shown on the PARCEL MAP filed April 13, 1973, Book 20 of Parcel Maps, page 26, San Mateo County Records, thence from said point of beginning along the northerly boundary of said Parcel "B", N880 05' 00" W, 960 feet MOL to a point, thence S 40 38' 25" W 1 ,305 MOL to the southerly boundary of said Parcel "B", thence along said southerly boundary S 870 12' 38" E 965 feet MOIL to the south- westerly corner of said Parcel "B", thence along the westerly boundary of said Parcel "B" N 40 59' 23" E 1285.77 feet to the point of beginning. Said parcel contains 30 acres MOL. EXCEPTING THEREFROM, "all mineral lands" should any be found, but this exclusion and exception, according to the terms of the statute shall not be construed to include coal and iron lands, as provided for in the Patent 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. EXHIBIT II A.P.N. 080-400-060 Recorded at the request of: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Attn: L. Craig Britton GRANT OF OPEN SPACE EASEMENT Recitations 1 . The undersigned, JAMES A. and JUDITH A. LOHR, as Joint Tenants, hereinafter called "GRANTORS," are the owners of the fee simple estate in and to that certain real property hereinafter called the "Subject Property," situated in the County of San Mateo, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. 2. It is the desire of GRANTORS to grant to MIDPENINSULA REGIONAL . OPEN SPACE DISTRICT, a public district, hereinafter called "DISTRICT," an open-space easement on, upon, over, across and under said Subject Property =9 pursuant to Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code. 3. GRANTORS and DISTRICT recognize the scenic, aesthetic and special character of the region in which their respective properties are located, and have the common purpose of conserving the natural values of their respective proper- ties by the conveyances of an open-space easement on, over, and across the Sub- ject Property which shall conserve and protect the animal, fish, bird, and plant population and prevent the use or development of that property for any purpose or in any manner which would conflict with the maintenance of the Subject Pro- perty in its natural, scenic, open and wooded condition. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, GRANTORS hereby grant to the DISTRICT an open space easement, upon, over and across the Subject Property in perpetuity on the following terms and conditions: 1 . Reservation of Use by GRANTORS GRANTORS reserve the right to use the Subject Property in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants i of this easement and with existing zoning and other laws, rules and regulations of the State of California and the County of San Mateo, or the agency having juris- diction, as such laws, rules and regulations may hereafter from time to time be amended. GRANTORS further specifically reserve the right to do the following, such right in no way to be considered as a limitation of the general reservation of right described in the preceding paragraph: a) Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the property; b) Construct and maintain private traits for hiking and horseback riding within the easement area, including both internal traits and connecting trails with adjacent DISTRICT land, such latter trails to be planned under mutual agreement with DISTRICT regarding location and design; c) Remove diseased and/or dead plants and trees and remove such timber as may be required for fire prevention, or public health and safety; or firewood for personal use, provided, however, that trees cut for firewood shall not exceed eighteen inches (18") dbh. d) Plant native species of plants; e) Drill wells, lay underground pipes, and build a storage tank and pump house for domestic and fire protection water uses only, to be consistent with minimal disturbance of natural environment; f) Clear, cultivate and plant row crops, grape vines or fruit trees after notice to and consultation with DISTRICT except in that area defined as Public Trail/Riparian Corridor Easement in paragraph 7. 2. Limitations on Use by GRANTORS GRANTORS covenant and agree for themselves and their successors and assigns, except where contrary to the above described rights specifically re- tained, GRANTORS shall not do any of the following: a) Erect, construct, place, or maintain or authorize the erection, construction, placement or maintenance of any improvement, building or structure or any other 2 - thing whatsoever on the Subject Property other than such Improvements, buildings, structures, or other things exist- Ing on said property at the time of the granting of this ease- ment, or as reserved by GRANTORS under Paragraph 1 of this Grant. b) Use or authorize the use of the Subject Property for any purpose except as open space. c) Use or authorize others to use the Subject Property or any portion thereof as a parking lot, storage area or dump site or otherwise deposit or authorize to be deposited on said Subject Property or any portion thereof temporarily or otherwise anything whatsoever which is not indigenous or natural to said Subject Property, except-as reserved by GRANTORS under Paragraph t of this Grant. d) Cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, or concrete or other material which does not constitute natural cover for the land, and shall not otherwise disturb the natural cover for- the land. e) Fish, trap, hunt, capture, kill or destroy or authorize the fishing, trapping, hunting, capturing or destruction of fish or aquatic life of the Subject Property except in conjunc- tion with scientific research and/or for health or safety purposes. f) Hunt or trap or authorize the hunting or trapping of animal life on the Subject Property. Pursuant thereto, GRANTORS, Its successors or assigns, shall not trap, kill, capture or destroy or authorize the trapping, killing, capturing or destruction of animal life on the Subject Property except under prior written permission of the County of San Mateo for health and safety purposes only. g) Divide or subdivide the Subject Property or otherwise convey (other than under threat of condemnation) a portion of such property less than the whole to one or more parties Property to two or more parties each or convey said Subject of whom acquire title to less than the whole of the Subject Property. As used herein "party" means and includes the person, corporation, partnership, or other legal entity capable of holding title to real property. - 3 - h) Cut, uproot or remove or authorize the cutting, uprooting or removal of timber or trees or other natural growth found or located on said Subject Property except as may be required for fire prevention, elimination of diseased growth, con- struction and maintenance of foot trails, maintenance of the existing roadway, firewood for personal use as provided In Paragraph 1e hereinabove, or except as provided in Paragraph 1f hereinabove. i) Excavate or grade or authorize any excavation or grading to be done or place or authorize to be placed any sand, soil, rock, gravel or material whatsoever on Subject Property except for construction and maintenance of foot trails and maintenance of the existing roadway. J) Operate or authorize the operation on the Subject Property of any motor bike, trail bike, go cart, or other motor driven or motor powered vehicles except those motor vehicles reason- ably necessary for the use of GRANTORS for the accomplish- meet of the purposes for which the Subject Property is used pursuant to the terms and conditions, restrictions and cove- nants set forth herein for the Subject Property. GRANTORS shall be prohibited from such approved use within the riparian II� ® corridor described in Paragraph 7 herein. k) Place any advertising signs of any kind or nature on the Subject Property except for identification and directional purposes consistent with the use of the Subject Property as further provided herein. 1) Plant vegetation on the Subject Property except for approved soil management, erosion control, reforestation and land- scape screening; all vegetation so planted shall be native California vegetation indigenous to the area. m) Excavate or change the topography of the Subject Property except as allowed and approved in accordance with the terms and conditions hereof. n) Use or allow the use of firearms or dangerous weapons on the Subject Property except for personal protection and safety. o) Use or authorize the use of fireworks or pyrotechnics on the Subject Property. - 4 - p) Play or perform or allow the playing or performance of loud and disturbing amplified music. q) Build, I fight or maintain, or authorize others to build, light or maintain any open or outdoor fire. r) Mine, extract, sever or remove, or permit or cause to be mined, extracted, severed or removed any natural resource found or located on, above, or under the Subject Property - i In a manner that would jeopardize or alter the natural scenic character of the property, or to otherwise engage in any acti- vity on the Subject Property which will or may destroy the natural and scenic characteristics of the Subject Property. 3. Rights of DISTRICT The DISTRICT shall have the right to periodic inspection of the Subject Property with prior notification of GRANTORS who shall receive in a timely manner a copy of the report of such inspection by DISTRICT. The DISTRICT shall have the right to use the existing roadway for patrol and maintenance purposes by DISTRICT employees or contractors only. GRANTORS shall have no affirmative obligation to maintain the existing roadway ' for such use by DISTRICT. ` i DISTRICT agrees that it will contribute, in the aggregate each year, an amount which shall not exceed the lesser of Two Hundred Dollars ($200_00) or twenty percent (20%) of receipted invoices toward the annual maintenance of the road from the southerly boundary of the property described In Exhibit "B", attached hereto and incorporated herein by reference, to the northerly boundary of the property described in Exhibit "C" attached hereto and incor- porated herein by reference. 4. Limitations on Use by DISTRICT The DISTRICT shall not utilize the Subject Property in any manner what- soever, except as provided in Paragraphs 3, 6 and 7 of this Grant of Easement. 5. No Authorization for Public Trespass The granting of this easement and its acceptance by DISTRICT does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the Subject Property or as granting to the public or any member thereof any tangible rights In or to the Subject Property or the right to go upon or use or utilize the Subject Property In any manner whatsoever, except as provided In Paragraph 7 herelnbelow - 5 - % % (Public Trail Easement) . It is understood that the purpose of this easement is solely to restrict the use to which the Subject Property may be put so that Sub- ject Property may be kept in its natural condition, subject to continued use by the GRANTORS for their purposes and uses and the public trail easement as further described below. 6. Enforcement GRANTORS grant to DISTRICT, the right, but not the obligation, to enter upon the Subject Property for the purpose of removing any building, structure, improvement or other thing whatsoever constructed, erected, placed, stored, deposited or maintained on the Subject Property contrary to the stated purposes of this easement or to any term, condition, restriction or covenant of this easement or to prevent or prohibit any activity which is contrary to the stated purposes, terms, conditions, restrictions or covenants of-this easement which will or may destroy the natural and scenic characteristics of the Subject Property, subject however to thirty (30) days written notice to GRANTORS by DISTRICT before commencement of any action on the part of DISTRICT under this paragraph_ The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 7. Public Trail/Riparian Corridor Easement GRANTORS hereby grant to DISTRICT a trail/riparian corridor ease- ment for public pedestrian and equestrian use only across a portion of Subject Property. The term trail/riparian corridor easement shall mean a strip of land not to exceed one hundred (100) feet in width immediately adjacent to and para- llel with Peter's Creek as measured at right angles from the center line of Peter's Creek. 8. Mutual Indemnity Each party shall indemnify and hold harmless the other from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party. 9. Condemnation In the event that any portion of Subject Property during the term of this easement is sought to be condemned for public use, this easement and each and every term, condition, restriction and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation. The GRANTORS shall be entitled to such compensation for the taking as they would have been - 6 entitled to had the Subject Property not been burdened by this easement; pro- vided, however, that each and every stated term, condition, restriction and covenant of this easement shall be observed by GRANTORS, their successors or assigns, during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a Final Judgment in Condemnation relative to any such property or portion thereof and not actually acquired for a public use, the Subject Property shall, at the time of such aban- donment, or at the time it is determined that such property shall not be taken for public use, once again be subject to this easement and to each and every stated purpose, term, condition, restriction and covenant of this easement; provided, however, that if the Subject Property is sought to be acquired, appro- priated, or condemned for a use incompatible with this open space easement as defined herein, by any other public or quasi-public entity, the presumptions contained in Section 1240. 680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code may be asserted by DISTRICT to protect its interest in the Subject Property, and preserve the open space character thereof. 10. Enforceable Restriction This easement and each and every term, condition, restriction and covenant contained herein constitutes an enforceable restriction pursuant to the provisions of Section 8 of Article XIII of the California Constitution and Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code and shall bind GRANTORS and their successors and assigns and each and ail of them and is intended to run with the land. 11 . Assignment Without the prior written consent of GRANTORS, their successors and assigns, DISTRICT will not assign this easement and the right of enforcement prior to June 1, 2020, except to the County of San Mateo, the Peninsula Open Space Trust, the Sempervirens Fund, or any similar local non-profit conserva- tion organization. JAMES A. LOHR JUDITH A. LOHR 7 EXHIBIT A The land herein referred to is situated an the State of California County I, of San Mateo, and is described as follows: Commencing at the Northwesterly corner of Parcel "B" as said parcel Is shown on the PARCEL MAP filed April 13, 1973, Book 20 of Parcel Maps. page 26, San Mateo County Records, thence from said point of beginning along the northerly boundary of said Parcel "B", N880 05' 00" W, 960 feet MOIL to a point, thence S 40 38' 25" W 1,305 MOL to the southerly boundary of said Parcel "B", thence along said southerly boundary S 870 12' 38" E 965 feet MOL to the south— westerly corner of said Parcel 111311, thence along the westerly boundary of said Parcel "B" N 40 59' 23" E 1285.77 feet to the point of beginning_ Said parcel contains 30 acres MOL. EXCEPTING THEREFROM, "all mineral lands" should any be found, but ° this exclusion and exception, according to the terms of the statute shall not be construed to Include coal and iron lands, as provided for in the Patent 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. EXHIBIT B . i i The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: Parcel "C", as said parcel is shown on the Parcel Map filed April 13, 1973, Book 20 of Parcel Maps, page 26, San Mateo County Records, State of California. l __ __ _ __ 6 ' ARC 0 1 MIA$ 1 1 bt1wG A Qt�U1OiVitiiOtl Oi a�►2ttt'A��Ay 4t♦Oww , dN�1(1�CUT&:%M&P Qt►OQDt01w�.1L,{Q Ai IARCtI MAP �T! ' rNnlS 1 ►rr Y.rv�r.Rlnl�l � v�Ssrre .�: 1 .Irl � � Afit1 ON MOO CONNTT 4T&T9Or(AL1161141N / 1 Ir: , N • A Ot 4 lot ' n A .• J I !� �a1gMw.. Illellt4'w-. .Y.�/"mac'_ tlrt$I Itl{.to t' �111�41 }' � 1 j. IS J J: .-1 3 wow,`► .t tin• '1 f• •;r \ Nn l '\ �N1141 t 1, 1 I"Mtl•11n1 ~ t•/' i` t ' � lt1tI11S +11 ,1. , Ali •\ rRt t•e.1.,10R.at�}/ �� •�Al ,�► ►attl C . cr- ItuA, ItKtl Np4AtAH f '/lnONl!:�51(a{ b s set It*f t is s et - !/ �- ' iD pA1C[1 "w•«M♦ A MN 11'144 1 1^ ti♦ . :•r � �' ^r^'w� ••re•.re1'161� �. h .. -- -- - It1o.K ♦moo It10. l � •.•«• ��^�'w M 4�40 W. 1• �.. .� L•.. t t'1;1•., /" •.r.rn ,.1':.,Cal • I 1 M.lt `. Mfuf aw•IaU 1� tShl 71 �� (+1 (61 Slit 11) ' .a. 1 .'nt ^ ti• �..{'1".e j f4ji 7.6e ( ,t•t � jl,•un l(wl'(41 tl mbar S 5'144 N S•14i:• t I � ,+\: .1•n Irll,IS.119 111,11 t 1 h 1 1• I ',t 1 Lru' 1�•.IN r:!n1..,rt1- 1 !-n,. 1.• •1.:r 1 , ...�' _I * I,.„y,nrl nni 1,Nn�r. gor rlr1N olllt ill, (.,)!I •t,t«•r..i 1"1 :iL' ^A u!'Jt) � •",w �:1 '"ti '�• Facsimile of recorded map prtWred by X 1!1i• 1r 11� 10,/nrnl K~o'tI 1.«+5N \ t 1 y '� i ,��.-, %'�� � San Mateo Co. Title Co. LiJ vw',lu ;,$y 15 1 ! litre M.11•1ppnVy , r Vr1 ti411 , t 111 145� ♦ , ••:a IA•In•,1�. a• R OMW Ctl, prl M . 6.7 '•rr Jrvr.i•.nly I ((Illi tlpn t+MAr'�N' t� 1l•".Lt+:4.nun1:1 I, EXHIBIT C The land herein referred to is situated in the State of California, County of San Mateo and is described as follows: Being all of Parcel 2 as shown on that certain 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 in the office of the County Recorder of San Mateo County, State of California on October 1 , 1974, in Book 26 of Parcel Maps at page 14. M-84-51 (Meeting 84-13 May 23, 1984) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 16, 1984 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Assistant SUBJECT: New Safe Deposit Box Discussion: The District has the opportunity to acquire a new safe deposit box at First Interstate Bank of California in Los Altos. The new box, which is the largest size available at the bank, would be substituted for one of the District's two smaller boxes. Recommendation: I recommend you adopt the following Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (First Inter- state Bank of California - Los Altos) . This resolution will cover both boxes. i i SAFE DEPOSIT BOX CONTRACT ';fir. DATE RENTED BOX NUMBER CORPORATION NAME 0PLMR►CWr1r"- RATE - Midpeninsula Regional Open Space District - STREET ADDRESS CITY zip CODE TELEPHONE 375 Distel Circle, Suite D-1 , Los Altos, CA 94022 965-4717 R LV that a safe deposit box shall be rerTted in First interstate Bank of CL&Aarnsa in accordance with the terms and conditins prescribed by said Bank.and thatPrestdw%L and/or Vice Presiderttand/or Secretary and/or Treasurer,beandthey are(he is)hereby authorized to sign the Bars regular form of contract an behalf of this certveretiew bl i G. dgenc FURTHER RESOLVED that access to said safe deposit boat lkr`1495 - in Los tas OFFICE,First Interstate Bank of California shah be to any of the folk w rig-jarrit .. - TYPE NAMES ..... SIGNATURE Daniel G. Wendi n .Presi , ent F - . 2 Ernestine U` ` Henshaw, Treasurer 3 Herber.-_t.Grench,' General Manager t.:.._ • Administrative A st. 4 Jean H_ Fi ddes ' •ct Clerk = 5 FURTHER RES LVED ih t the some persons,acting in the same manner,shall have authority to sign the Bank's rel behalf of this ahould this box be surrendered.., I hereby certify that the above is a full, true and correct copy of a resolution duly adopted by the Board of.Directors of` Mid eninsula. Re ional "0 en atameet;n of saidBoard,r regularly y Ap paceDistrict' is ric g s egular held May 23 , 19 8`t �and teat the signatures appearing above are the signatures of the persons duly authorized to sign on behalf of said G�r $c n accordance with the above resolution. r WITNESS my hand and the seal of said corporation. ` SUPERSEDES RESOLUTION 84-8 1s ric RR>n erk I/we agrewto notify you of the death of any person having the right of access to said box before seeking access after the death of sirtlibther person- The undersigned hereby rents the above numbered Safe Deposit Box subject to terms and conditions printed on the revere hereof and on the reverse of the current and any subsequent rental receipt issued to the undersigned, to which the Fundersigned agrees. Receipt of a copy of the current rental receipt.and of two keys to said Safe Deposit Box is hereby -acknowledged. The Bank It/is not authorized to charge the company checking account No- for �• rent on said safe deposit box,when due. MidpPninsula R gional Open Space District public agency.- 68RPQR - �N<i, _ .. .. •ti:t" � -(trot) .- - - s;�,�' BY .. fTTTit1 DATED SURRENDER OF SAFE DEPOSIT BOX NO DATE I/we hereby certify that all property placed in the above numbered safe deposit kfox has been duly and lawfully withdrawn therefrom:all liability of Firstktterstate Bank of California therefor is hereby released and discharged. BY BY ------------- , SD-119..7/ai OGTAIN'SIDNATURE(S)ON REVERSE • e SAFE DEPOSIT BOX CONTRACT DATE RENTED BOX NUMe*R CORPORATION NAME OEZDRPQRRi RATE Midpeninsula Regional Open Space District I. STREET ADDRESS CITY zip COD* THI"ONE 3R7�5�(D�'ilsttelCircle, Suite D-1, Los Altos, CA 94022 965-4717 RESOLW..`A J Qb.d'edos box shall hie-Too d sr Rrst interstate Bank of CWfontia in accordance with the terms and conditins prescribed by said Bank.and that PIModent.and jar vice President and/or Secretary and/or Treasurer,beand they are(he is)hereby authorized to sign the Banks regular kar of contract on beha:f of tft�s�et�ereherrl�+► 1'a Q7ew FURTHER RESOLVED that access to said safiedeposit box N-1449 ;rr Los Altos '.. OFFICE.First Interstate Bank of California shaft be to arty cof the fdtdrn rig.jointly TYPE NAMES, SKaNATURE I Daniel G "'Wendin - Pres-ident 2 Ernestine .U. Henshaw,'.Treasurer 3 Administrative As t. aJean H. Fiddes, 5 t FURTHER RES LVED that the same persons,acting in the some manner,shall have authority to sign the Bank's release on behalf of this Wr 'should this box be surrendered. I hereby certify that the above is.a fuIr, true and correct copy of a resolution duly adopted by the Board of Directors of Midpeninsula Regional Open at o meeting of said Board,regulorly heldon May 23 798 ''Space District and that the sign Gres appearing above are the signatures of the persons duly authorized to sign on behalf of said n in accordance with the above resolution.'. WITNESS my hand and the seal of said corporation.' SUPERSEDES RESOLUTION=84-$ Di stri ctl erk = i/we agree to not you of the death of any person having the right of access to-said box before seeking access after the death of such offterperson. The undersigned hereby_rents the above numbered Safe Deposit Box subject to terms and conditions printed on the reverse hereof and on the reverse of the current and any subsequent rental receipt issued to the undersigned, to which the undersigned agrees. Receipt of a copy of the current"rental receipt and of two keys to said Safe Deposit Box is hereby acknowledged. The Bank is/is not authorized to charge the company checking account No. rent on said safe deposit box,when due. for Midpeninsula Regional Open Space District public a nfoctvY BY _ .. (TITLE) BY .. (TITLE) DATED .. SURRENDER OF SAFE DEPOSIT BOX NO DATE 1/we hereby certify that all property placed in the above numbered safe deposit box has been duly and lawfully withdrawn therefrom;all liability of First Interstate Bank of California therefor is hereby released and discharged. BYa BY SD-119 7181 - oBLAtNS(GNATURE(S)ONREVERSE M-84-50 4-(Meeting 8 13 May 23, 1984) elm MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 16, 1984 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Scheduling of Special Meeting on June 6, 1984 Discussion: You have tentatively scheduled a Special Meetin on June 6, 1984 in order to conduct your annual performance evaluation ?in Closed Session) of the District's Controller, Legal Counsel and General Manager. Since the preliminary budget for the 1984-1985 fiscal year, which includes the salary budget, of course, is scheduled for your consideration at the first regular meeting in June (June 13) , the June 6 agenda will also include the presentation in open session of the 1984-1985 salary survey data including adoption of new salary ranges for District employees appointed by the General Manager. Recommendation: I recommend you schedule a Special Meeting for Wednesday, June 6, 1984 beginning at 7:30 P.M. at the District office for the purpose of considering the 1984-1985 salary survey data and holding performance evaluations for Board appointees. I V %& gee i MIDPE-NrI:vSUI-A REGI i!, iL OPEN SPACE DIS'I?JCT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I . DATED: 5/23/84 I -I etubt COMMITTEES LOCAL GOVERNMENT, e CHAIRMAN Ass'1 AGRICULTURE GOVERNMENTAL ORGANIZATION - TL REVENUE&TAXATION •� fatifornia � VE AUDIT DIT COMMITTENT E ♦f► ♦♦ REPLY TO: D SACRAMENTO ADDRESS STATE CAPITOL SACRAMENTO.CA 95814 (916)445-8243 DOMINIC L. CORTESE ASSEMBLYMAN.TWENTY-FOURTH DISTRICT ❑ DISTRICT OFFICE 3535 ROSS AVENUE,SUITE 209 CHAIRMAN SAN JOSE.CA 95124 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT (408)269-6500 May 16 , 1984 Mr. Herbert Grench General Manager Midpeninsula Regional Open Space District 375 Distel Circle , Suite D-1 Los Altos , CA0 2 Dear Mr rench : Thank you for our letter requesting my support for AB 3114 ( Harris ) , relating to public liability . AB 3114 passed the Assembly Judiciary Committee on April 30th by a vote of 11 to 1 . Please be assured that I will keep your views in mind and give them my most careful consideration if and when this bill reaches the Assembly Floor for vote . I appreciate your taking the time to share your views with me . If I may be of further assistance to you on this or any other matter, please do not hesitate to contact me again . Sincerely , C ' DOMI L . CORTESE Asse Lyman , 24th District DLC: rsj s � Siam MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CAUFOFMtA 94M (415)965-4717 May 21 , 1984 Assembly Ways and. Means Committee California State Assembly State Capitol Sacramento, CA 95814 Dear Chairman Vasconcellos and Members of the Committee: The Midpeninsula Regional Open Space District is a public agency whose political boundaries encompass a 300 square mile area and include more than 500,000 people in Santa Clara and San Mateo Counties. The District owns and manages about 15,000 acres of land in 20 different sites for public recreational use. Much of the park area borders on developed private property, and we are concerned about reasonable care of these areas and any associated liabilities. The recent Supreme Court decision in Milligan v The City of Laguna Beach and Sprech v. Adamson Companies are of great concern to us in that the immunity we thought the District had to damage to private property due to natural conditions of adjacent District property has been thoroughly undermined. One of the important reasons residents of this District voted to form the District and to tax themselves in the first place was to avoid damage ('and the associated public and private costs) due to natural conditions such as landslides, flooding, etc. to private property if this land were developed. The public has spent millions of dollars in land acquisition which should have had the effect of reducing public liability to such occurences rather than expanding it as those Court decisions seem to do to public agencies. Assembly Bill 3114 by Assemblyman Harris seeks to restore the immunity for damage done to private property by natural conditions on the public property. The Board of Directors of the Mid peninsula Regional Open Space e District voted unanimously to support AB 3 t 114 b Assemblyman pp y ssembly an Harris, and on the Boards behalf, I resaectfully request your support of this bill . Sincerely yours, Herbert Grench HG:ej General Manager cc: MROSD Board of Directors Assemblymen Sher, Naylor, Konnyu, Cortese & Harris Assembly Ways and Means Committee R. Heim, California Advocates R. Trudeau, East Bay Regional Park District Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner.Daniet G.Wendin f uu p A %Poe MIDPEENLZUTA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I . DATED: May 18 , 1984 I V a P AM oor ��► e *41� MIDPENINSULA REGIONAL OPEN SPACE DISMIC? 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA U022 (415) 965-4717 May 15, 1984 Mr. & Mrs. Clarence Kavanaugh 220 Park Lane Atherton, CA 94025 Dear Mr, and Mrs. Kavanaugh: The District's Board of Directors and I were very saddened to learn of your son's death. Please accept our sincere condolences and support for you both and all the members of your family at this difficult time. Sincerely, X�- Herbert Grench General Manager HG:ej -Itc: MROSD Board of Directors Park and Recreation Department RUUWOOU 1400 Roosevelt Avenue 0 C8lifopn18` Redwood City, California 94061� ►Faundndl88l Telephone (415) 364-6060 OWN May 15, 1984 Charlotte MacDonald Mi.dpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Dear Charlotte, The tour on Saturday was absolutely marvelous and I can't begin to tell you how thoroughly those of us from Redwood City enjoyed ourselves. The weather was superb and the scenery incred- ible. The luncheon and the overall day were just terrific. I felt as though I was transported to a different world for a few hours and was so glad to know what is available this close to home. Thank you for the opportunity and hope you can schedule this as an annual affair. I know it required a tremendous amount of organization and planning and I congratulate you on doing such a super job. Your rangers were so congenial and knowledgeable which also added to our enjoyment. Keep us on your mailing list since I'm sure we'll be real supporters. Sincerely Yours, SALLY HARTMW cc: Herbert Grench, General Mqr. park & Recreation Superintendent /sah MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 OISTEL CIRCLE,SUITE 0-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 May 10, 1984 Assemblyman Ernest Konnyu California State legislature State Capitol Sacramento, CA 95814 Dear Mr. Konnyu: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, thank you for your letter of support for the District's land and Water Conservation Fund application for an addition to Rancho `San Antonio Open Space Preserve. Sincerely yours, Herbert Grench General Manager HG:ej cc: MROSD Board of Directors i Herbert A.Grench,General Manager Board o1 Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry+A Turner,Daniel G.Wend+n V J 3t „` MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94W (415)965.4717 May 10, 1984 Mr. Charles D. Bigelow, Chairman Environmental Quality Coordinating Council San Mateo County P.O. Box 219 Menlo Park, CA 94025 Dear Chuck: I told my Board last night about the donation by E.Q.C.C_ for a bench in honor of Jean Fassler, and they were very pleased and appreciative. I look forward to the field trip you mentioned in your May 4 letter. Thank you for the generous contribution. Sincerely yours, Herbert Grench General Manager HG:ej / 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.WJendin k CAPITOL OFFICE COMMITTEES STATE CAPITOL SACRAMENTO.CA 96814 CHAIRMAN (916)445-7632 * ** CRIMINAL LAW AND {� PUBLIC SAFETY DISTRICT OFFICE +is+, 785 CASTRO STREET NATURAL RESOURCES SUITE C TRANSPORTATION MOUNTAIN VIEW,31 94041 �afiffarnia ifErgistatnre JOIINT LEGSLATIVEMERCE (415) 961-6031 ` 1 i�` COMMITTEE ON ADMINISTRATIVE ASSISTANT PRISONS(VICE-CHAIRMAN) BETSY BLAIS BYRON D. SHER ASSEMBLYMAN, TWENTY-FIRST DISTRICT May 14, 1984 Mr. William F. Briner, Director Department of Parks and Recreation State of California P.O. Box 2390 Sacramento, CA 95814 Dear Mr. Briner: One of the parks most used and appreciated by my con- stituents is the Rancho San Antonio Open Space Preserve which is owned and operated by the Midpeninsula Regional Open Space District. This site, which is right on the urban border, has in operation a small demonstration farm and an extensive trails system. Moreover, it also has great potential as a starting off place to access the miles of trails and thousands of acres of parks and open space in the Santa Cruz Mountains. The Midpeninsula Regional Open Space District has sub- mitted an application to your Department for federal Land and Water Conservation Fund grant to fund acquisition of the "missing link" between Rancho and these other public lands. I enthusiastically support the District's application. Thank you for your consideration of this matter— Sincerely, Byron D. Sher Assemblyman 21st District BDS/ghb cc: Herbert Grench t/ Claim. 84-10 Meetina 84-13 May 25, 1584 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M. S kmount Name r>escrj_pLion 5997 504 . 00 Accountemps Temporary Off! Help Office 6998 7 .99 Matthew Bender & Co. Library Material 5999 73 .01 James Boland Weal Conferences P-e=,=e.r Interviews 7000 136 .86 David J. Curtin, Jr. Lecal Services 7001 4 .29 Clarks Auto Parts District Vehicle E_,mense 7002 1, 053 .15 Clevenger Realty cc. Appraisal Consultant 7003 7 .16 Creutzburg, Inc. Gas Tags 7004 25.00 Cecilia Cyrier Relza-bursement for Seminar 7005 91 .00 The Dark Room Photo Processing 7006 264 .65 Doidge & Carroll Legal. Services 7007 547 .30 Electro Motion, Inc. Generator Rental for 22450 Skyline Blvd_ � 006 24 .00 Federal Ex-press Delivery of Docur_erj*%,_,s 7009 33 .16 Jean Fiddes Reimbursement - Ranaer Interviews Lodging Y010 30, 000 .00 First American Title Insurance Co. Purchase of Lohr Property 2011 17, 500 .00 First American Title Insurance Co. Purchase of jenkins Prop_ 7012 84, 500.00 First American Title Insurance Co- Purchase of POST Property,', 7013 30, 000 .00 First American Title Insurance Co- Purchase of Guenther Prop, 1014 1, 497 .19 First American Title Guaranty Co. Title Policy-Cho Property 7015 1, 431 . 00 First American Title insurance Co. Title Policy-Bachtold i Property !7016 26 .55 The Frog Pond Meal Conferences & Refres ments; for April 25 Special Meeting 1017 84 .85 Graphicstat, Inc. All-Site Map And Picchett Artkrc>rk �018 50 .67 Herbert Grench Educational Assistance 019 7, 450 .00 Hammon,Jensen,Wallen & Assoc. Timber Cruise for Former Wilkins Property �020 47 .85 Harbinger Communications Computer Charges - April 021 217 .78 Honeywell Protection Ranger Office Burglar Ala �022 55 .27 The Hub Schneider 's Uniform Shirts �7023 97 .28 Hubbard and Johnson Field Supplies Meeting 84-13 May 25, 1984 14IDPENINSUI,z. REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Descrlptlon �7024 110 .00- J&R Drilling Posthole Drilling-Picche 7025 123 .69 Ed Jones Co. Ranger Badges 7026 214 . 55 Los Alto's Garbage Dumpster Rental &�cchan 7027 67 .10 Charlotte MacDonald Pad Rental & Refreshment May 12 Special Meeting 7028 346 . 03 Minton's Lumber & Su==ly Disc_ Field Supplies 7029 90 .00 MlniciPal Mgmt- Assistta-ts c_f- N. C-7 Semi and Grenc 7030 137 .61 Mountain View office supply Of.-L"ice- Supplies 7031 7 .00 Stanley Norton April Expenses - Telepho, and Duplicating cat:Lng ,7032 45 .100 oceanic Society Conference Registration- Hansen and Watt i�033 383 .53 On Line Business Systems, Inc. Computer S6rv1ces:-Apri1 i'7034 Hardware Orchard Supply Hadware Misc. Field & Shop Suppl, i035 269 .00 PG&E Utilities 7 M3 6 1, 156 . 12 Peninsula Oil Company Gas-District Vehicles 263 .32 Peninsula Times Tribune Ads - Discing Contractor & Accounting Specialist 7038 6,329 .49 Pinkerton's, Inc. Hassler Security - April 7039 21 - 86 Rancho Hardware Field Supplies-Trail Day; 7040 187 .44 Redwood Trade Bindery Monte Bello Brochure 7041 39 .30 S & W Equipment Co. Equipment Repair & Suppj 7042 91 . 85 San Francisco Water Dept. Hassler-Hater Service 7043 86 .80 San Jose Art Drafting Materials 7044 106 . 52 San Jose Mercury News Ad for Truck Bodies 7045 75 .00 Scribners Typesetting-Picchetti Brochure 7046 117 . 13 Sears Field Equipment & Book 7047 2, 190 .00 Gene Sheehan Trail Construction & Pj-_p4 Monte Bello/RSA Preserve. 7048 47 . 15 Patricia Starrett Private Vehicle Expense 7049 6, 210 .00 John H. 'Tallett Legal Services - April 7050 1, 172 .49 Ticor Title Insurance Title Ins--Collett Proper Claims 84-10 Meeting 84-13 May 25, 1984 MIDPENINSULA REGIONAL OPEN SPACE DESTRICs C L A I M S �__ Amount Name Descri ticon 7051 $ 30 .50 David Topley Reimbursement-for Workbench Drawer 052 21 . 17 Union Oil Gas for District _Yehicles 7053 42 .55 Warren, Gorham & Lamont, Inc. Library material 7054 24 .00 Amerigas C!xvgen/A.--etylene Refill 7055 814 .94 Xerox Xerox Paper & Monthly Maintena`ce - April 7056 334 .80 AT&T Telephone Equipment Rental 7057 3, 354 .37 ASK Computer Systems, Inc. June Ren 7058 120 .00 California Water Service Water Service - Rancho Sax 7059 300 .00 Susan Cretekos Patrol Services - Antonio Windmill Pasture 7060 110 .00 Pacific Sell Phone Service-Ranger Off! � 061 180 . 00 San dose ating District Vehicle Expense 7062 1 ,067 .43 Shell Oil Co. District Vehicle Expenses 7063 158 .58 ZZZ Sanitation Hassler Portable. Toilet & PumpincF of MB Septic Tank 7064 3, 078. 33 Western Fare Equipment Co. Fire Pumper and Miscella- neous Fire Equipment 7065 253. 46 Del Woods Reimbursement for Tripod and Spotting Scope :tote: Claim 6996 in the amount of $260.00 payable to Le Moulin Rouge for 2%lay 12 box lunches was approved at the May 9 Regular Meeting- The actual amount required for this claim was $230_73 _