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HomeMy Public PortalAbout19890927 - Agendas Packet - Board of Directors (BOD) - 89-25 Meeting 89-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS 7 : 30 P.M. 201 San Antonio Circle Wednesday Suite C-135 September 27 , 1989 A G E N D A Mountain View, CA (7 : 30) * ROLL CALL WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (7 :45) 1 . Proposed Transfer of Costanoan Way Open Space Preserve to the County of Santa Clara -- C . Britton Resolution Approving an Agreement to Transfer Property and Authorizing Officer to Execute a Quitclaim Deed in Favor of the County of Santa Clara and AuthorizingGeneral Manager to g Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Costanoan Way Open Space Preserve) (7 : 55) 2 . Adoption of the Updated Property Owner List Relating to Closed Session Discussion of Property Negotiations C. Britton (8 : 00) 3 . Rejection of Bid for Picchetti Ranch Restoration Project D. Hansen (8 : 10) 4 . Acceptance of Bid for Purchase of Utility Vehicle -- D. Hansen (8 : 15) 5 . Final Adoption of the Cook et al . Property Easement Addition to Kennedy-Limekiln Area of Sierra Azul Open Space Preserve -- D. Hansen (8 : 20) INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order . Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop I RESPONSE ACTION PRO?OSED BY STAFF _ Board President Ackno�lei.�a/Respond _ Director Acknowledge/Respond _ Staff Acknowledge/Respond /Draft Response Attached _ Staff to be Directed to Prepare Draft Response for Board Consideration per Board Dircctive(s) Other F I f CAC,CvL M 1P, - -- 14IL;& - - - / 6 RICK _�(AWLEY 1 8o S FALLf3900K AVE , - ;Sa&) 70-5E C A--9 130 RESPONSE ACTION PRO?OSED B? STAF? SEPT 5, 1989 _ Board President Ackno::le3ge/Respond DEAR MIDPENINSULA REGIONAL OPEN SPACE DISTRICT _ Director Acknoc:ledge/Respo;:d Staff Acknovledg=_/Respond I ATTENDED THE LAST TRAILS USE COMMITTEE MEETING. I HEARD THE Draft Response Attached FOLLOWING POINTS (WITH MY COMMENTS) . _ staff to be Directed to Prepare Draft Response for Board Consideraticn per 1) BOTH HIKERS AND EQUISTRIANS FEARED DISCOURTEOUS MOUNTAIN Board Dir•active(s) IL HOW EVER WHILE MOUNTAIN BICYCLISTS _ other BICYCLIST S ON TRAILS; ADMITTED FEARING DISCOURTEOUS MOUNTAIN BICYCLISTS, THEY ALONE FELT THE PROBLEM WAS MORE IMAGINED THAN REAL. (WHY WOULD MOUNTAIN BICYCLISTS ADMIT FEARING A MOSTLY IMAGINED PROBLEM?) 2) THERE WAS A TEST IN WHICH INVITED MOUNTAIN BICYCLISTS DEMONSTRATED THAT THEY COULD RIDE COU RTEOUSLY AROUND EQUISTRIANS. (PEOPLE BEHAVE DIFFERENTLY IF THEY KNOW ITS A TEST AND ARE BEING WATCHED) . 3) ROMP CLAIMED THAT THE MOUNTAIN BICYCLISTS PROBLEM IS A FEW RECKLESS TEENAGERS WHOM THEY ARE TRYING TO EDUCATE. (WHAT DO MOUNTAIN BICYCLING CITATION STATISTICS SHOW?) 4) THERE ARE TOO MANY MOUNTAIN BICYCLES ALREADY AND IT IS TOO LATE TO TRY TO LIMIT THEM. (SHOULD THIS SAME PRINCIPLE BE APPLIED TO RAPISTS?) LET ME TELL YOU ABOUT MY RECENT EXPERIENCES WITH MOUNTAIN BICYCLISTS. I HIKE POWER POLE ROAD AT RANCHO SAN ANTONIO AT LEAST ONCE A WEEK, AND ABOUT ONE OUT OF EVERY FIVE TRIPS I HAVE AN UNCOMFORTABLE ENCOUNTER WITH ADULT DOWNHILL MOUNTAIN BICYCLISTS ON POWER POLE ROAD. ON SAT, SEPT 2, AT MY ENCOURAGEMENT A TIMID LADY CAME ALONG ON THIS HIKE. A COUPLE OF MILES INTO THE HIKE SHE HAD A CLOSE ENCOUNTER WITH TWO DOWNHILL MOUNTAIN BICYCLISTS IN THEIR 20'S, AND WAS NOT SURE WHETHER HIKING THERE WAS REALLY SAFE UNTIL LATER ON THE SAME HIKE SHE WAS FRIGHTENED BY A SINGLE HIGH SPEED ADULT MOUNTAIN BICYCLIST NEAR THE FARM. I MAY BE ABLE TO CONVINCE HER TO HIKE AGAIN. WHAT IS MID—PENINSULA GOALS. IF YOUR GOALS ARE TO DISCOURAGE ALL USERS EXCEPT MOUNTAIN BICYCLISTS THEN OPEN ALL TRAILS TO THE MOUNTAIN BICYCLISTS. SINCE BICYCLES ARE DEFINED IN THE MOTOR VEHICLE CODE AS A VEHICLE WHY NOT ALSO ALLOW MOTORCYLES ON THE TRAILS? HOWEVER IF THE PARKS ARE TO REMAIN OPEN FOR THE GREAT MAJORITY OF PEOPLE, THEN PROBLEM USERS MUST BE LIMITED. I HAVE MET SOME VERY COURTESOUS MOUNTAIN BICYLES ON SOME REMOTE TRAILS, BUT THE VAST MAJORITY OF MY MEETINGS HAVE BEEN UNCOMFORTABLE AT BEST. IF MOUNTAIN BICYCLISTS ARE LIMITED (IE. TO ABANDONED OFF ROAD MOTORCYCLE PARKS, ETC) , THEN A FEW OF THEM WILL BE PUNISHED FOR THE UNSAVORY BEHAVIOUR OF THE MANY. SINCERELY, Ce�,ntj g SJ,4% CORNELL SCANLAN 844 SANTA PAULA AVE SUNNYVALE, CALIF. 94086 P.S. IN ALL THE YEARS I HAVE BEEN HIKING I HAVE MET ONE DISCOURTEOUS JOGGER (PUSHING SLOWER USERS OUT OF HIS WAY) , AND ONE DISCOURTEOUS EQUESTRIAN (RACING HIS HORSE UP POWER POLE ROAD) . i ACTTON PRO?OS?D BY STAFF _ 6oa.3 ?resident Ackaowledge/Respond 2, Director Acic:cv?ed a Res and m _ Staff A_kacll edge/Resppond ✓ ___: ?<s- .. .. :.ago__. _ S aff :c be Ditectad to Prepare Drat Rasponse for Board Cr_sidera:ion per 3card Directive(g) Ct.._ i Board. of Directors M.R.O.S. D Old Mi_1_J_ Office Center 201 San Antonio Ci_rcl_e, C-1.35 Mountain View, CA 94040 5 Sep l_989 Members of the Board, A while back, the Puri_ssi_ma Creek `.I'rai_l_ sti f fered moderate damage from heavy horse traffic during the wet season. This damage made the trail_ impassable to all but hikers i.n rubber boots. As I recall this was resolved by reducing the horse traffic at that time. Recently, when the trails were dry, a new problem seems to have surfaced in that }horse manure is so dense that .boots may again be required. For, my sensi_ti.vi.ti.es, however, the aroma of a stable is more offensive. it seems to go against the clean air act and is as unpleasant as following a diesel car up a hill or having cigar smoke at an adjacent table in a restaurant. On Labor_ Day when things were at their_ best and worst, an MROSD ranger drove u.ta the trail_ in the afternoon and could verify these condi_ti_olis. i hope you can reach a reasonable balance between trail. use and matiu.re. Sincerely, Jobst Brandt 351 Middlefield Rd . Palo Alto, CA 9430). R7F- -E ACTION FRn?USED BY STAFF _ BO tsident Acknwledge/Respond _ Director Acknculedge/Respond Scaff A_:crc.ledge/Respond Atta..._.. _ Scaff to be Directed to ?re?are Draft Response for Board Consideracion per Board Directive(s) Gtr.er /r dd� ILA-1 Ct `• n OL Cr�� **TO ADDRESS THE BOARD: When an item you 're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication, which the Board appreciates. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. We request that you fill out the form provided so that your name and address can be accurately included in the minutes. USE AND MANAGEMENT PLAN REVIEWS The Comprehensive Use and Management Plan Review for Rancho San Antonio Open Space Preserve relating only to the structures on the preserve is tentatively rescheduled for consideration at the meeting of October 11 . Please send your written comments , ideas , and concerns to David Hansen, Land Manager, by September 29, so that they can be considered in drafting the staff report. You may call the District office on October 9 to 11 to confirm that the item is on the agenda. R-89-143 (Meeting 89-25 September 27, 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 21 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager SUBJECT: Proposed Transfer of Costanoan Way Open Space Preserve to the County of Santa Clara Recommended Action: Adopt the attached Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Approving an Agreement to Transfer Property and Authorizing Officer to Execute a Quitclaim Deed in Favor of the County of Santa Clara and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Trans- action (Costanoan Way Open Space Preserve) . Introduction: On May 14, 1975, the District received a gift of the former Booker School site, containing approximately 2 .1 acres, from the Saratoga Union School District. The property was designated as the Costanoan Way Open Space Preserve, and the only addition to the preserve was the exchange of rights approved by you at the meeting of November 10 , 1982 (see report R-82-43 dated April 4, 1982) . At that time, Henry T. Mudd, Jr. , traded a public trail easement through his non-contiguous 40 acre property for a driveway access through the District ' s property. It was anticipated that the trail easement would be utilized when the intervening Berger property was acquired by Santa Clara County as a part of the natural expansion of Sanborn-Skyline County Park. Discussion: The county is now preparing to acquire the former Berger and Bishop properties from Peninsula Open Space Trust (POST) as additions to Sanborn-Skyline County Park. The county has approached the District with a proposal to combine public park and open space land ownership in this area under county management and operations. It has always been District staff ' s position that Highway 9 is the logical dividing line for such responsibility. Therefore, this area is a natural and desirable expansion for the county park and is an appropriate transfer of property ownership. The transfer of District property would be contingent upon the county successfully acquiring the POST parcels. The attached map shows the relationship of these properties to Sanborn-Skyline County Park. The former school site was conveyed to the District with a reversionary requirement that the property be used for parks , recreation, and open space purposes . Based upon discussions with District legal counsel, the county has been made aware of the use and reversion requirements. Also, since this property is dedicated under the provisions of Section 5540 of the Public Resources Code, a statement to that effect will be included in the deed, as well as an automatic reversion to the District if the property is no longer used by the county for parks , recreation, and open space purposes. - k: : , .. .. .... - :kK: 'ty�r• ._ �' �•t• \Nate � A \•,�; COSTANOAN WAY `. POST 400� OPEN SPACE PRESERVE (Berger Property) wd r� X. j �� a Fee Title 2. 1 Acres 112 Acres '}—(—. t J •t1, �BOrow F.t \ ll)l/��-' 94 .Efq ',1�, — ,✓'� �� 8M 88 9 „ _744 573 . kPr � Gfi�el.1 I ZT/ ' \ \�� \I'�� as @ 1 __ � _\� �� t�•�,�I., 1 •'/• �-,� ^�1. Y.�je POST ... (Bishop Property)_ `" ( I�MUDD Property t 20 Acres ;� ; Floating Trail Easement_ Acres -�' / � �_ii�+`� � `� : � ` \t � 1.; •-, � �� 777 fill �'SANBORN SKYLINE COUNTY_PARK l SANBORN SKYLINE COUNTY PARK 23 i }:••..iNO, a ss+� /�� /� `l � �;� ��a.��Nr + ••'1 /,�—. � ��� l Lo uh •� `1 \ Cr.Rer. `� .f �wl �� r.i� 2� �� \ � a -J� �,._.. :.•. STEVENS -.. CREEK QO. CO.PARK � � @El a • 5 3 a Saratoga `" S // 1.6 Mcs STATE °+i Gs t\ -�} SITE MAP FOREST ` S COSTANOAN WAY r OPEN SPACE PRESERVE •:;•� (UNDEVELOPED) `CRG? N �.. � �oy: e�ac Il ac 1tt-2000' NORTH :�. .., ..,Y.. :fir- •-���>_� •�: :: RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AGREEMENT TO TRANSFER PROPERTY AND AUTHORIZING OFFICER TO EXECUTE A QUITCLAIM DEED IN FAVOR OF THE COUNTY OF SANTA CLARA AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION (COSTANOAN WAY OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and accept that certain Agreement to Transfer Property between the Midpeninsula Regional Open Space District and the County of Santa Clara, a copy of which is attached hereto and by this reference made a part hereof . Section Two. The President of the Board or other appro- priate officer is authorized to execute a Quitclaim Deed conveying the County the property rights described in the Agreement. Section Three. The General Manager of the District shall cause to be given appropriate notice to the County. The General Manger further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The Board of Directors finds that the granting and releasing of these property interests is in accord- ance with the Basic Policy of the District and is reasonable and necessary to further the park, recreation and open space use of the property and is conveyed in accordance with Section 5540.6 of the Public Resources Code of the State of California. Sup. Dist. : 5 Park: Sanborn Grantor: Midpeninsula Regional open Space District APN: 503-46-2, 517-4-11 AGREEMENT To TRANSFER PROPERTY This is an Agreement to Transfer Property (Agreement) from MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) to the COUNTY OF SANTA CLARA COUNTY (COUNTY) . 1. PROPERTY DISTRICT shall quitclaim to COUNTY the following real property (Property) contingent upon COUNTY acquiring APN 503-46-2 from Peninsula open Space Trust: a) APN 503-46-2 as described in the Deed from Saratoga Union School District recorded May 23, 1975, in Book 426 Page 384 (Exhibits A & C) b) A ten-foot trail easement and related interests across APN 517-4-11 described in the Agreement between Midpeninsula Regional open Space District and Henry T. Mudd dated November 10, 1982 (Exhibits B & C) . 2. CONSIDERATION COUNTY shall dedicate and maintain the Property for park and recreation purposes in consideration for receiving title to the Property. 3. DEED AND TITLE DISTRICT shall convey to COUNTY by a Quitclaim to APN 503-46-2 and any rights it may have to the ten-foot easement free and clear of all liens and encumbrances except the following: (a) Public utility easements of record (b) Easement for 24 foot wide nonexclusive ingress, egress and public utilities dated November 17, 1982, appurtenant to the southeast quarter of the southeast quarter of Section 10, Township 8 South, Range 2 West, M.D.B. & M. (c) License Agreement to Saratoga Union School District to conduct outdoor science and conservation education dated May 14, 1975. COUNTY shall dedicate and use the Property for open space, parks and recreation according to the provisions of Section 5540.6 of the Public Resources Code of California. If DISTRICT reasonably determines that COUNTY has breached these conditions, title to the Property shall revert to the DISTRICT, or its successors in interest, who shall have the right immediately to reenter the Property. 4. ESCROW COUNTY may choose to handle the transfer of title through an escrow with a title company chosen by the COUNTY subject to the approval of the DISTRICT. DISTRICT shall not unreasonably withhold such approval. COUNTY shall pay any costs of an escrow. If COUNTY chooses not to open an escrow, COUNTY shall record the Deed to the Property no later than thirty (30) days after COUNTY executes this Agreement. S. "AS IS" CONDITION COUNTY agrees to accept ownership of the Property in its present condition and is relying solely on its own knowledge of the Property. DISTRICT has made no representations, express or implied, about the Property. 6. DEVELOPMENT, MAINTENANCE AND OPERATION COSTS maintenance and operation of COUNTY agrees to bear all costs of development, the Property for public open space, park and recreation use. 7. NOTICES All communications (Notices) that either party wants or is required to give to writing. Such Notices may be delivered personally or sent by the other shall be in ed effective upon personal e consider prepaid first class mail. Notices shall b delivery or 72 hours from time of mailing. Notices shall be addressed as follows gives notice of a change of name or address for future unless either party 9 communications: DISTRICT COUNTY General Manager Director Parks & Recreation Midpeninsula Regional open Space County of Santa Clara District Public Services Agency Old Mill office Center 298 Garden Hill Drive Building C, Suite 135 Los Gatos, CA 95030 201 San Antonio Circle Mountain View, CA 94040 (408) 358-3741 (415) 949-5500 a. ENTIRE AGREEMENT This Agreement is the parties, final expression of their agreement. It contains the entire agreement and understanding between the parties and supersedes any prior agreements or understandings on the same subject. The parties have executed this Agreement on the last date shown below: COUNTY DISTRICT COUNTY OF SANTA CLARA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Rod Diridon, Chairperson President, Board of Directors Board of Supervisors Date: ate: Attest: Attest: Donald C. Rains, Clerk of Board of District Clerk Supervisors Administrative Approval: Resolution No. Douglas J. Gaynor, Director Parks and Recreation Department Form and legality approved: Kathryn A. Berry mrosd2ac Deputy County Counsel . 426 PAA85 STATE OF CALIFORNIA ss COUNTY OF SANTA CLAD } On this 25th day of April , 1975 , before me , a Notary Public, in and for said county and state, residing therein , duly commissioned and sworn, personally appeared Chris L. Cxistich, known to me to be the Chairman of the Board of A UNION SCHOOL DISTRICT, governing Trustees of the SARATOG board of said district, and known to me to be the person who executed the within instrument on behalf of said school district, and he acknowledged to me that said school district executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year in this certificate first above written. C !t �.;tt'L� YLk -,a 1:�iET C. CARti.7 M t I.{ c�fi ��' .1;;�,,RY P!6lIC - G41f0a'ilA Notary Public n an r t e Coun y -�� ,.r% ;,;`C ,h! CFF;CZ IN of Santa Clara, State of California % s �lA CLA.,, C:JJ11--4 Ay C:.nn:s5l�n Cxpirt! Apr l 4. 19 My commission expires : April 24 , 1978 AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AqREEMENT is made and entered into this f0 day of I 1141-vi ezw- 1982 , by and between HENRY T. MUDD, JR. , hereinafter referred to as "BUYER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter referred to as "DISTRICT. " W I T N E S S E T H: WHEREAS , DISTRICT is the owner of that certain parcel of land commonly known as the Costanoan Way Open Space Preserve which is identified in green as Parcel One on the map labeled Exhibit "All as attached hereto and by this reference made a part hereof, and WHEREAS , BUYER is purchasing that certain parcel of land commonly known as Santa Clara County Assessor' s Parcel No. 517-004-11, identified in blue as Parcel Two on said Exhibit "A, " and WHEREAS , BUYER desires to grant a public trail easement to DISTRICT over that portion of said Parcel Two as more particularly desc.ribed in Exhibit "B" as attached hereto and by this reference made a part hereof, and WHEREAS, DISTRICT, in exchange for said public trail easement, agrees to grant to BUYER a non-exclusive easement for ingress , egress and public utilities over said Parcel One as more particularly described in Exhibit "C" as attached hereto and by this reference made a part hereof; NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS : 1. Property Interests to be Conveyed by Buyer. BUYER shall convey to DISTRICT and DISTRICT hereby accepts a non- exclusive easement in gross for public pedestrian and equestrian access (as such access may be limited by DISTRICT from time to time) and ingress and egress for District purposes. Vehicular traffic shall be limited to DISTRICT vehicles . The general location of said easement shall follow the existing roadway running through BUYER'S property as delineated in red on said Exhibit "All and described in Exhibit "B. " Said ease- ment may be relocated as the existing roadway is relocated EXHIBIT B from time to time by BUYER. Title to the interest in real property being conveyed to DISTRICT shall be free and clear of any and all delinquent taxes , prior deeds of trust, and prior mortgages , if any. 2 . pro erty Interests to be Conveyed by District.. DISTRICT agrees to convey to BUYER, and BUYER agrees to accept from DISTRICT, a nonexclusive , appurtenant easement in perpetuity (except as otherwise provided herein) for ingress and egress and public utilities over the land of DISTRICT as delineated in orange on said Exhibit "A. " The general location of the aforesaid easement shall follow the existing roadway running through DISTRICT' S property shown as Parcel one on Exhibit "A" and described in Exhibit "C. " Use of the easement conveyed to BUYER shall be subject to the following conditions and restrictions : a. Right of Design Review and Approval byDISTRICT. DISTRICT shall have the right to Design Review and Approval as herein defined with respect to any and all improvements to said easement. Design Review is intended to provide a process for review DISTRICT of development in and �a�oyal by the environmentally and ecologically sensitive areas in order to assure that development will be harmonious with other uses in the general vicinity and will be coinpatible with environmental and ecological objectives : (1) With regard to any improvements to said easement, an application for design review shall be made to the DISTRICT. The applica- tion shall include drawings showing the elevations , grade, dimensions and composi- tion of any road improvement. (2) Within 30 days from the filing of the application with the DISTRICT, DISTRICT shall review the drawings and shall make its recommendations based upon the information provided and the following objectives : (a) To ensure construction of improvements and use in a manner that will be orderly, harmonious and compatible with existing or potential uses of adjoining or nearby sites. (b) To ensure that sound principles of environmental design and ecological balance shall be observed. (3) All paved areas and other improvements shall be constructed in accordance with the -2- plans as approved by the DISTRICT, provided that the DISTRICT'S approval shall not be withheld unreasonably, or if the plans are the result of requirements imposed by any governmental entity having control over the easements. b. Maintenance and Construction Costs . BUYER under- stands and agrees that all road improvements and maintenance required for BUYER' S use of the easement granted herein over said easement shall be the sole responsibility of and shall be performed at the sole cost and expense of BUYER, provided, however, that BUYER shall not be required to upgrade the existing roadway for DISTRICT use or purposes or for the use or purposes of any third party. C. Survey. In the event any survey (s) is necessary for BUYER' S use in the preparation of maps or legal descriptions (or for any reason whatsoever) in connection with the execution of this Agree- ment, said survey (s) shall be conducted by and paid for by BUYER. d. Use . The easement conveyed to BUYER by DISTRICT across DISTRICT lands shall be limited to use for ingress and egress by BUYER for agricultural and winery purposes and occupants of one single family residence which the BUYER has indicated is his intention to build upon BUYER'S property. Winery purposes , as used herein, shall mean purposes consistent with and appropriate to the operation of a winery producing approximately 10 ,000 cases per year and shall not include the operation of a retailing business or a public tasting room. Development of said Parcel Two by BUYER, which burdens the easement granted by DISTRICT herein, beyond the limits established by this paragraph, shall render said easement null and void, and in such event BUYER shall execute and deliver a quitclaim deed to DISTRICT, thereby relinquishing all of BUYER'S rights in said easement. 3. Consideration. Consideration under this Agreement is limited to the exchange of property interests between DISTRICT and BUYER in accordance with terms and conditions as set forth herein. 4. Conditions Precedent. The obligations of Buyer herein to grant and convey the aforesaid public trail easement over BUYER' S property are conditioned upon the acquisition of clear title to said Parcel Two, over which said easement shall run, being commonly known as Santa Clara County Assessor' s Parcel No. 517-004-11, from Joseph Kocsis, et us and as more -3- particularly described in Exhibit "B . " DISTRICT shall not be responsible for any fees or costs of any nature whatever in- volved in the purchase and closing of the acquisition of the Kocsis property by BUYER. In the event BUYER does not acquire said Parcel Two, DISTRICT shall be relieved of any and all responsibilities under this Agreement, and all parties shall be excused from any further obligations hereunder. 5. Commissions . DISTRICT shall have no obligation to pay any real estate agents commission or other related costs or fees in connection with this transaction. 6 . Acceptance and Terms of Escrow. DISTRICT shall have until November 11 , 1982 , to accept and execute this Agreement , and until said date this Agreement shall constitute an irrevocable offer by BUYER to enter into a contract with the DISTRICT on the terms and conditions set forth herein. In the event this Contract is accepted and executed by DISTRICT, this transaction shall be completed within ten (10) days following the acquisition of title to said Parcel Two by BUYER as set forth in Paragraph 4 hereinabove . 7 . The provisions hereof shall inure to the benefit and bind the respective successors , heirs , and assigns of the parties hereto. MIDPENINSULA REGIONA4OPENSPA DISTRICT APP OVED AS TO �`4: FOR RECOMMENDATION : S a ey No on, Britton, District C unsel Land Acquisition Manager RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED: 7,16 Herbert Grench, Katherine Duffy, P e dent, General Manager Board of Directors Dated: / / ` U ATTEST LILI 7 Clerks of the Board BUYER Dated: ///� � ✓ i H refry T.Mudd, Jr. -4- AV =� Mill Jos �1" ' - / r -':..erg. r ,•�� — 10 �. D� -R 17 -12 \Nk ;I f �' ' ;, h.�i'�, 11 S{i' � �'3'•� �1'V.#i:•� 1�,�:,`r .YI �\ 'II RG, { 1 art 7 y 1 1 { Syr Iy ••_ i.� kf i?1'� •I j.�i 't � `�}��,�°yQ ����1► a '�t��i'��� 1 {7 �� � � A " Ar -W114A s r.MBORH •, 5I7-04- r TO; . Midpeninsula Reg--.jnal Park District 7J5 DiStel Drive B 4 Los Altos, California 94022 PA91- 84 426 4 Cc> DEED lilt, 4C0 ..4 Dq- *_1. t-M The SARATOGA UNION SCHOOL DISTRICT of Santa Clara County, as successor to the Booker school District of Santa for valuable consideration, the receipt of which cn Clara County, is hereby acknowledged, does release, remise and forever quit claim unto MIDPENINSULA REGIONAL PARK DISTRICT the real V_ xhibit A, attached hereto, so long property described in E *7 0 W �4 tj as the property be used for park, recreation, and open space purposes . In case the MIDPENINSUIA REGIONAL PARK DISTRICT does not use or ceases to use the property for such purposes, Z and if upon written demand of an authorized representative of 7; r_ the School District, the Park, District should fail .or refuse to restore the property to use for such purposes within thirty (30) days, or in case said Park District's Board of Directors shall adopt a resolution finding and determining it is I no -.longer feasible for the Park District to continue to use or hold the land purposes , the property shall automatically revert to for such the SARATOGA UNION SCHOOL DISTRICT or its successor without it being necessary for the SARATOGA UNION SCHOOL DISTRICT to take further or other affirmative action to effectuate the reverter. Dated ; April 25 , 1975 (Chris L. Cristich) EXHIBIT A 4 26 BOOKER SCHOOL SITE All of that certain parcel of land designated at "Booker School" on that certain map entitled "Map. No. 68 - San Jose Water Works- Lands" as recorded on January 22, 1943 in Book 6 of Maps at Page 13 in the office of the Recorder of the County of Santa Clara, State of California, and more particularly described as follows: Beginning at a 4" X 4" post and pipe at the 1/4 section 0 corner between Sections 10 and 11 of T8S R2W MDBM; thence N 89 40 ' W 2465.76 feet (37 .36 ch) to the true point of beginning, being a point marked 1/4 SCS, thence N 40 26 ' E 361-68 feet (5 .48 ch) to a point in Congress Springs Road; thence N 160 45 ' E 170. 28 feet (2. 58 ch) ; thence N 600 30 ' E 165.00 feet (2 .50 ch) to the northeast corner of the parcel; thence S 40 26 ' W2607 .20 607 .20 feet (9.20 ch) to a 4" X 4" post and pipe marked B.S. 2 and P.c.S . 5 ; thence N 890 40 ' W 178. 20 feet (2.70 ch) to the true point of beginning. EXCEPTING THEREFROM so much thereof as lies within the bounds Of Congress Springs Road. Exhibit A E A S E M E N T D E E D FOR A VALUABLE CONSIDERATION, HENRY T. MUDD, JR. a single man, hereby GRNAT (S) to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a public district, the following described real property in the County of Santa Clara, State of California: A non-exclusive easement ten (10) feet in width for public pedestrian and equestrian ingress and egress (as such access may be determined by Grantee from time to time) and ingress and egress for Grantee' s purposes. Said easement generally follows the existing roadway running through Grantee' s property, described as follows: The Southeast one=quarter (S.E. 1/4) of the southeast one-quarter (S.E. 1/4) of Section 10. T 8 S. , . R. 2 W. , M. D. B. & M. Dated: Henry T. Mudd, Jr. �f31T Page __�___,of E A S E M E N T D E E D FOR A VALUABLE CONSIDERATION, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, GRANTS) to HENRY T. MUDD, JR., a single man a public district hereby r 0 ert in the County of Santa Clara, State of rea l Y �'n P lows P the fol g California: A non-exclusive easement, twenty-four (24) feet in width, .for ingress egress, and the installation and maintenance of public utilities, the centerline of which is more particularly described as follows: hat bears East 12 feet from the center Section point t n Beginning at a p 2 W. , M.D.B. & M. and thence running Corner of Section 10 T. 8 S• , R. North 20 37' West 176.01 feet; thence on a curve to the right having a radius of 300.00 feet an arc length of 63.53 feet and an interior . angle of 120 08' and thence running North 9° 30' East 205.15 feet plus or minus to a point on the southerly line of Highway 9; the aforementioned point having a radial bulb having a radius of 42 feet. an t to th e southeast qu arter ter S.E. 1/4) easement is to be appurtenant W ase R 2 'd e S Said 8 , S Section 10. T. of the southeast quarter (S.E. 1/4} of S M.D.B. & M. This easement is granted"subjec t to the terms and conditions of rde d A reement to exchange interests in Real co 9 certain unrecorded Grantor and tha t Property", dated November 10, 1982, by and between the Grantee herein. Dated: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: President, Board of Directors Attest: District Clerk EXHIBITG page-z"o _ \5\e3-46-o1 Congress Springs oaf M j' RP S Dom: -;w:;. 2 Ac. parcel , SAN`JiOSE W _ I� —WORKS ` Uf 8AILF POST 7 -dL41 s I s i t , �` • �..T�ti%,;i � ,, =r .ganborn Road? 1 % d j� •' jXl AC. 503 -73-01 /J/ �! \'(�u �. °• 517'--4-5 'I _MUDD ti _ t T r�' of . .,.• I _ :� t ( wineryi 1 00 0 U N Y OF .,...j �. r CH ISTENSEN 5 17 -� \ .% 4-5r- •� f..rw+ f.n�.[ r... I.AIC3 C. i~ ]A I,TA CIARA _ JI (31.30 AC.1 COUNTY OF S.C'. f I 4 ^ _R •ff.IS AC TOTALI .a� I San b q-r n -•:,k-Y Coun par4�' `� I• l jlAV T7 OI 3ARTA CZAR• (,GOO AC,1 •1 7` _ II I 3 'N D R TH. EXHIBIT C R-89-142 AA, (Meeting 89-25 September 27 , 1989) sw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 20, 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; S . Voorhees, Real Estate Research Analyst SUBJECT: Adoption of the Updated Property Owner List Relating to Closed Session Discussion of Property Negotiations Recommended Actions: 1 . Adopt the updated property owner list as presented in accordance with your Policy Relating to Sections of the Brown Act Relating to Closed Session Discussions of Property Negotiations . 2. Amend Section 5 of the Policy Relating to Sections of the Brown Act Relating to Closed Session Discussions of Property Negotiations to read "The Board shall adopt an updated list during the fourth calendar quarter of each year. " Background: At your meeting of May 13, 1987 , you adopted a new policy relating to Brown Act implementation (see report R-87-73 dated May 5, 1987) and accordingly, at your meeting of November 9, 1988, you adopted the initial property owner list (see report R-88-132 dated November 4 , 1988) . Pursuant to Section 5 of that policy, you are to adopt an updated property owner list during the third calendar quarter of each year. Discussion: In accordance with your policy, all of the required informa- tion was mailed to new owners of all properties proposed for inclusion in the updated list. Since the mailings, staff has received only two responses, one for removal from the list and one seeking additional information. Even though only one request for removal was received, three properties were actually removed from the list, the one new request and two requests received last year after your adoption of the initial list. However, since staff wants to accommodate requests for removal from the list up to the day of the Board meeting, the final list and map will not be available until that evening. The draft of the updated list is, however, available at the District office for review. There were a total of 70 changes in the list since adoption of the initial list. This is the first of the required annual updates of the property owner list, and District staff still has not received the 1989-1990 microfisch of the county assessors ' records . Staff was not able to obtain this information in time for a third calendar quarter update. The updated list before you therefore required a significant amount of additional work in reviewing each of the monthly sales lists provided by the microfisch company. For future updates and in order to streamline the process, only a fourth quarter adoption of an updated list will assure the availability of current microfisch information. In order to accomplish this , a corre- sponding change in your policy is requested. R-89-141 mA. (Meeting 89-25 1%10f September 27 , 1989) 30=•MW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 21 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Principal Open Space Planner, C . Bruins , Administrative Assistant SUBJECT: Rejection of Bid for Picchetti Ranch Restoration Project Recommended Actions : 1 . Reject the bid of $482 , 819 submitted by Fulwiler James , Inc . of Moss Beach, California. 2. Authorize staff to negotiate a contract on a time and materials basis . Discussion: At your January 25 , 1989 -meeting, you authorized staff to solicit competitive bids for the Picchetti Ranch restoration project (see report R-89-19 dated January 19 , 1989) . Part of this project is funded by a $100 , 000 state grant . At that time , lessee Ronald Stortz was preparing the bid documents for the fermentation building restoration, which is funded by a $64 , 000 Santa Clara County grant awarded to Ronald and Rolayne Stortz . Staff waited until the Stortzes ' bid package was complete so the state and county grant projects could be advertised together . A notice to bidders was placed in local newspapers and a trade publication. Staff also sent notices to individual contractors that had previously expressed an interest in the project or that have experience with historic preservation projects . One general contractor and two sub-contractors attended the pre-bid conference held on the site . The only bid submitted was from Fulwiler James , Inc . in the amount of $482 , 819 . The contractor mentioned that the insurance bond requirement may have prevented other contractors from bidding. Many of the contractors that have experience in specialized areas , such as historic preservation, are small and cannot afford the bonds . This was confirmed by a phone call staff received from a small contractor who had good experience , but could not afford the insurance . Large contractors tend to bid on simpler, "big-ticket" projects . In the bid package, the project was separated into three sections : A) Farmhouse B) Winery C) Fermentation Building Restoration of the winery is the District ' s highest priority. Therefore , it is the only project staff plans to implement at this time . The farmhouse project was advertised as an alternate bid item with the understanding that it would be eliminated if the bid was higher than the available funds . The fermentation building project remains solely the responsibility of Ronald Stortz . The following chart shows the comparison between the contractor ' s bid, the architect ' s cost estimates , and available funding. Grant Contractor ' s Architect ' s Architect ' s Re- Project Funds Bid Estimate vised Estimate Farmhouse $70 , 592 $19 , 581 $100, 000 Winery 158 , 707 58 , 971 $128 , 769 Fermentation 64,000 253, 520 1.1_000 $164 , 000 $482 , 819 $139 , 552 Because of the discrepancy between the bid and the cost estimate , staff asked the project architect, Alton Lee , to re-evaluate the cost estimate for the winery only. Mr . Lee ' s partner reported that the cost estimate was preliminary and did not include the structural engineer ' s recommendations . He noted that the estimate was prepared two years ago when labor costs and inflation were lower. Also , items that were not in the original plan had been added. The revised cost estimate for the winery is $128 , 769 . About $15 , 000 of the $100 , 000 grant has been spent on project design, leaving $85 , 000 for construction. Staff proposes to negotiate a contract to restore the winery on a time and materials basis . Structural elements will be completed first , at an estimated cost of $57 , 000 . Other elements of the winery will. be completed in order or priority, not to exceed $85 , 000 . District counsel and the state grants officer approve of this procedure . According to Section 5594 of the Public Resources Code , the Board of Directors may reject all bids and re-advertise or , by a five- sevenths vote , elect to purchase materials or supplies in the open market . The deadline for encumbrance of all grant funds is December 31 , 1989 . Because of this , staff does not recommend re- advertising. R-89-139 (Meeting 89-25 September 27 , 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 22 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Topley, Co-Acting Operations Supervisor; C. Bruins , Administrative Assistant SUBJECT: Acceptance of Bid for Purchase of Utility Vehicle Recommended Action: Authorize the General Manager to award a purchase contract to Smythe Buick/GMC of Santa Clara for 1990 GMC Suburban at a total cost of $20 , 169 . 14 . Introduction: At your July 26 , 1989 meeting, you authorized staff to solicit competitive bids for one nine-passenger four- wheel drive utility vehicle (see report R-89-111 dated July 13 , 1989) . Staff estimated that the cost of the vehicle would not exceed $20 , 000 . Discussion: After finalizing specifications , staff solicited competitive bids from dealerships in the Bay Area. The District received the following three all inclusive bids : 1) Magnussen Buick/GMC, Menlo Park 1990 GMC Suburban - $20 , 410 . 95 2) Larry Hopkins Pontiac/GMC , Sunnyvale 1990 GMC Suburban - $20 , 527 .78 3) Smythe Buick/GMC , Santa Clara 1990 GMC Suburban - $20 , 169 . 14 After an analysis of each bid, staff has determined Smythe Buick/GMC of Santa Clara to be the lowest responsible bidder . The $169 over the estimated $20 , 000 is available in the vehicle capital equipment account . R-89-140 (Meeting 89-25 September 27 , 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 20 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen., Land Manager; S . Marioni , Associate Open Space Planner; C.Bruins , Administrative Assistant SUBJECT: Final Adoption of the Cook et al . Property Easement Addition to Kennedy-Limekiln Area of Sierra Azul Open Space Preserve Recommended Actions : 1 . Indicate your intention to dedicate the easement interest in this property. 2. Name the property as an addition to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve . Discussion: At your July 12 , 1989 meeting, you approved the acceptance of an open space easement cooperatively with the Town of Los Gatos over approximately five acres of land located on Phillips Road outside the District ' s planning area (see attached report R-89-109 dated July 6 , 1989) . You also tentatively named the property as an addition to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve and indicated your intention to dedicate the easement interest in the property. The Town of Los Gatos , which is sponsoring this project , has agreed to relieve the District of the responsibility to monitor or manage the easement. Therefore, there is no preliminary use and management plan for the easement, and this second reading is to confirm that arrangement . Escrow on the Cook et al . property easement closed on August 22 , 1989 . Staff has received no further public comment . R-89-109 (Meeting 89-17 July 12, 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 6 , 1989 TO: Board of Directors FROM: C. Britton, Assistant General Manager SUBJECT: Proposed Acceptance of Open Space Easement Dedication as an Addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve (Cook et al . Property) Recommended Actions : 1. Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional open Space District Authorizing Acceptance of the Open Space Easement Dedication, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve, Lands of Cook et al. ) . 2. Indicate your intention to dedicate the easement interest in this property. 3. Name the property as an addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Discussion• The Town of Los Gatos has requested the dedication of an open space easement over approximately five acres of land located on Phillips Road outside the District' s planning area (see attached map) . The Town Council has a policy that all such easements are to be dedicated to the District, as well as the Town. In past cases, the District has not participated in the dedication of land rights outside its planning area because of the inspection and enforcement responsibility associated with restrictive easements. However, the Town has explained that in order to insure the perpetual nature of such easements, it is important to them that more than one agency or organization to hold title; they, however, fully understand our concerns . Accordingly, as proposed in the attached June 30, 1989 letter from Town Manager Deborah Swartfager, the Town is willing to relieve the District of all responsibility to maintain such easements. District staff has there- fore added Section 10 to the proposed open space easement document that will protect the District from having to act in any capacity relative to the requirements of the easement. As a result, and based upon the years of exemplary cooperation between the District and the Town, the acceptance of an easement on this basis would be satisfactory. 1 �.. Joseph's Hill Open Space � � � _ _ . lWAH ..�i . n 6 pp'�� �"�S� E��w. X rw) .l L;ItI.Ic: ncc.1:,, � � Open �e m'u i`: g'e/�? r..�1.11, RVA I l ON MnNAGI-MI N F I.IN I-r (CURRL.N H Y NO I'UI-1_IC ACCI_SS) .F.II�t, _q� I_ tiI'I I.�10 I0. .I. E: �"'• 10 ' I'PO OY I) CON51-:RVATION IW1, MI NI . i UI'( N SPACE I nSf`Ml'N T' ((' JONL5 ff:!\i L- (RUNNERS (i!K1=1lS: WALKUNLY' ON TRA 11. Sr"CMI.NT DI-1-I NED BY A6 1 _ >' BLACKBERRY H I LL RO P -I w OPEN; SPACE r ) i, 4• �\•• JJ co - ` c \ i lc riot: ESE ID,,r) V� _ �, A. v• 14 7y 4._...-..,1 ._..., LEXINOTON RESERVOIR , �� :,i"l`�.��-� V ��\...; ,, .' 'Ij•tr - °` w COUNTY PARK ( -^r E ...R%.=iIG REQUESTED BY iiHEN RECORDED RETURN TO: Tcwn Clerk Ga-os _ .C . Lox 949 _,cs Gatos , CR 95031 GRANT OF OPEN?-S?ACE EASEMENT WITH COVENANTS (17400 Phillips Road) RECITALS 1 . The undersigned, JACK M. COOK and JANET E . COOK, husband and `e , and WILL=Ai-i W. KITNER and DORIS C . KITNER, husband and wife ' collectively hereinafter: "GRANTOR" ) , are the owners of the fee simple estate in and to that real property (hereinafter "Subject Property") , situated in the City of the Town of Los Gatos , County of Santa Clara, State of California, more particularly described in- Exhibit "I" as attached hereto and made a part hereof . 2 . It is the desire of GRANTOR to grant to the Town of Los Gatos , a Municipal Corporation (hereinafter "Town" ) , and the Midpeninsula Regional Open Space District, a Public District (hereinafter "District" ) , an open- siDace easement on, upon, over, and across the Subject Property pursuant to Chapter 6 . 6 (commencing with Section 51070) of Part 1 , Division 1 , Title 5 of the California Government Code and Section 5540 of California Public Resources Code . Town and District shall hereinafter collectively be referred to as "GRATITEE . " 3 . GRANTOR and GRANTEE recognize the scenic , aesthetic and special character of the region in which the Subject Property is located, and have the con.m.on purpose of conserving the natural values of the Subject Property by the conveyance of an open-space easement on, over, and across the Subject Property which shall conserve and protect the animal 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 in accordance with the terms and conditions hereof . Gran-- : 17 Open-Space Easencn,.'- with Covenant Page 2� This Grant of -- Space Easement -,..-4 th Covenants is h,,2,6reinaf ter as the "Agreeent` or the re_.:._-_ to-�,- � LI NOW THEREFORE , f:)r valuable consid.�rat-ion, receipt of which is he-rez-.- a:;,-.nowI-_:-dged, it is h;_7-reby agreed as follows : Grant of Open-Space Easement T?'',%TT717 an r c yp e r U in ty the right to construct imorovements thereoi?, e-z-cept as rrovilded herein . GR N'7OR covenants and agrees for itself and its successors and I' Fc'tz gns that G*"z;TOR , its successors and assigns singularly or in c __a pion . (a) Shall rot erect , construct , place or maintain or grant per-.' Ssion for the erection, construction, placement or maintenance of any i-P_-:i-:_-en t , b-,�i Id ing or s t ruc 11--ure or any Other man-nt ade thing what soe*,­_r on S"ubject Property which would impair the open-space nature of the Suh.Jlec- Properzy other than such improvements , building, structures , or o-ther -.,kings e:,7isting on the Subject Property at the time of the granting of z*,- -_' s E_-se-,Tient , and as may be permitted pursuant to Section 3 herein . (h)) Shall not use or grant permission to others to use the Property or any portion thereof as a parking lot, storage area or du­r..� S-Lte or otherwise deposit or grant permission to others to deposit on the S7-*--ject Property or any portion thereof , temporarily or otherwise , anyt-:- -'g whatsoever which is not indigenous or natural to the Subject (c) Shall not cover or cause the Subject Property to be covered in wh:;!.-- or in part with any asphalt, stone, or concrete or other material which, does not constitute natural cover for the land, specifically eYcl-,i,_-7ing the repair or maintenance of any existing roads on the Subject Prozertv or the placing of gravel or other non-impervious material upon a an rowels existing as of the date of this Easement, except as may be perni-_:ed pursuant to Section 3 herein. (d) Shall not mine , extract, sever or remove nor grant permission to others to mine , extract , sever or remove or cause to be mined , extracted, severed or removed any natural resource found or 'located ont above or under the Subject Property or otherwise engage in or grant perm. ;.SSion to others to engage in any activity on the Subject Property 4 I whIC , will or - ay destroy the natural and scenic open-space character- istics of the Subject Property. Gran-- cf Space Eas&_ment with Covenants Page 3 e) Shall not -fish , trap, hunt , . cture , kill or det_`Iroy or 9--ran-_ Pe-r:-. , Ssion to others -,':,Dr the fishing , t--'- ipping, hunting, capturing or of fish or other marine or acuatic life of the Subject Prop e-ty , except for healt1i or safety purposes and with the prilor written consent of --own as required bl, law. Shall not hunt , trap or grant permission to others for the hunting or trapping of animal life on the Subject Property. Pursuant _;,ereto, Grantor , its successors or assigns shall not trap, kill , capture C�rant Je-T"­Ls-ir,­ to o'�.ers -fcr '-hc. tran:ing, k4llin- g e s t r u c'E_i o n c f a n i rii a 1 1 if v on i e S U"_-,j e c t -Z,r o r)e r ty , a:­.c, for health and safety purposes and with the prior written consent of Town as r=_qui_rec_' by law . (g) Shall not further divide or subdivide the Subject Property orC_-'erwise convey (other than under threat of condemnation} a portion 'of sucn =Yor)ertv less than the whole to one or more parties , or convey the Subiect Property to two ( 2) or more parties each of whom acquires title to less than the whole of the Subject Property . As used herein "party" means an ' * -c-lude-s any person, corporation, partnership, or other legal entity ca,:-,=.*-Ie of holding title to real property . (h) Shall not cut , uproot or remove or grant permission to for the cutting , uprooting or removal of timber or trees or other . .. natural gr--w -h found or located on the Subject Property, except as may be perm-1 --ted pursuant to Section 3 herein. Shall not excavate or grade or grant permission to others for anv excavation or grading to be done , or place or grant permission to others for the placement of any sand, soil , rock, gravel or any other such material whatsoever on the Subject Property, except as may be permitted pursuant to Section 3 herein. ( j ) Shall not operate or grant permission to other for the operation cn the Subject Property of any motor bike, trail bike , go-cart or cl--,:-r motor-driven or motor-powered vehicles , except those motor vehicles�cles for GRANTOR' s use but only if such use does not impair the open- space nature of the Subject Property, or such use is reasonably necessary for the accomplishment of the purpose for which the Subject Property is used Pursu.ant to the terms and conditions , restrictions and covenants set fart` here-In for the Subject Property. "GRANTOR ' s use" as used herein shall be deemed to include use by GRANTOR and GRANTOR ' s employees , agents , in7 7_ees , and independent contractors . Grantee ' s Rights J,To W; -thstanding any other provision hereof , this Easement Agree7ent shall not restrict , in any manner , GRANTOR ' s right : (a) to do work to prevent or remedy flood, fire or earth movement hazard and damage; Easement with Covenants Pac, 2 4 anti ally block Lr �'- huild "c, �_-n-work" type fenc�_�s that do not -� IZ 'c Subject frz)� an_/ _- to the Frcperty; (c) to livestock; (, ) to a 1_2:se barn, the size or_ which shall not __:teed 18 feet in b--- 33 _�r in length by 18 feet in height within the area described as B" of the Subject Property as described in said Exhibit "I" ; and accomplish a minimum amount of grading and surfacing of a road to ccnsi I:ruction cf and vehicular access to said horse barn. to -C 14 N-31F grants to GRANTEE its successors and assig­s , for the Lc_ -:"f this Easement , the right , but not the obligation, to enter upon -ecL Property, at GRA,.TEE ' s risk, for the following purposes : ' a ' to condlicr regular general inspections oLc the Subject whiz` shall in no event exceed more than one (1 ) such regular cene,ra-.4 ins-.,ection every six (6) months , unless GRANTEE has reasonable ca_SE -_obelieve that GRINTOR is in material default of the terms of this r7re=­-t , in which case GRANTEE shall have the right to an interim gene_ a- insp:_-ction, which shall in no event exceed more than one (1) ceneral inspection of the SuInject Property in an-,, si:­month 1:0 investigate an alleged specific violation of the '__cree-ent , but only after a bona fide third party complaint or �7 s nas bee._ made to G77'.tiNTEIE of such specific violation; (c) to investigate and halt activity on or use of the Subject P.--rerty contrary to the terns of this Easement Agreement which, if not i-Ime,diately acted upon, would result in a material breach of this causing irreparable harm to the open-space nature of the Subject Frcpert-,,, ( "Emergency Inspection" ) . With respect to the regular and interim general inspections ref:c_--_ ed to in subparagraph (a) , GRANTEE shall be required to give GRANTOR th­=� (3) days prior notice before conducting such inspections . With respect to GR11TT' Er, S right to enter the Subject Property after a reported -cn pursuant to subparagraph (b) , GRANTEE shall be required to give prior not'-ice by telephone of the claimed violation within twenty- 4 L receipt of the specific complaint or re 1 hourcz o�� Port of the and a period of `twenty-four (24) hours after receipt by GRANTOR C Zr n c I ce - I of the violation within which to respond to GRANTEE regarding ---e exis ence of the claimed viola-Lion and the need for such an inspec- in th- case of ergency Inspection referred to in subparagraph t sn . a-n E m prior telephone or written notice shall be required from GRANTEE L before GRANTEE enters upon the Subject Property, unless reason- acl the circa stances . 7. ---Space Ease nt 7-1 th Covenants Page 5 -'--. : _- ,. Enforcement 5 . Ti'­_-- stated purpose-s , terms , conditionz, , restrictions and 7, `--t forth herein aiila' each and all of tll,em, including the right c . require GRANTOR to perform any resLoration work reasonably tc a breach of this Easement, may be specifically enforced or by -;--oceedings in the Superior Court of the State of California. , Nlo fa,-r Pu',Iic Tr-z­17­-Iss 6 . The granting of this Easement and its acceptance by GRANTEE does not a,_thori-_�-e and is not to be construed as authorizing the public or any MeMIL-­- 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 dedication or anv other 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 . it is understood that the purpose of this Easement is solely to restrict construction of buildings and structures on the Subject Property and to establish the other restrictions expressly set forth herein with respect to t1ie Subject Property so that the Subject Property may be kept in an open-space condition as envisioned by the parties hereto . Reservation of Use by Grantor 7 . reserves the right to use the Subject Property in any manner consistent with the stated purposes , terms , conditions , restric- tions and covenants of this Easement and with existing zoning and other laws , rules and regulations of the State of California and Town or other Jurisdictions having authority, their successors or assigns, as such laws , rules and regulations may hereafter from time to time be amended. Condemnation 8 . If the Subject Proper*ty or any portion thereof during the term of this Easement is sought to be condemned for public or quasi-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 as to that portion of the Subject Property sought to be taken for public or quasi-public use only, but shall remain relative to all other portions of the Subject in effect rela Ject Property. G shall be entitled to such compensation for the taking as it would have been entitled had the Subject Property not been burdened by this Easement and nothing in this Agreement shall be construed to *give GRANTEE any interest in any award or payment made to GRANTOR in connection with any exercise of eminent domain or transfer in lieu thereof ; provided, however, that each and every stated term, condition, restriction and covenant of this Easement shall be observed by GRANTOR, its successors or assigns , of Open----,)F-c-- '.: '-s,-ment with Covei:v�nts Page 6 the pendency < such action and p-r. ,:.,vided further in the event suc. -- ::t-* on is ;aban,--c;,­,.�6i prior to th�_� r!--ccrda-ion of a final judgment of con,_:77�.nation relative to the Subject Pronerty or any porLi;Dn thereof is not z__­_ually acquired fc--r a public or qusi-public use , once again be subjecr, to this Easement and to each and e-very stated purpose , term, condition, restriction and covenant of this Easement; provided, further, that if the Subject Property is sought to be acquired, appropriated, or co:­d­­ed for a use incompatible with this Easement (as determined by G E by any other public or quasi-public entity , the presumptions c. "­:DJc esourctz:s :ode m,a y be a s_sa 1D G E ' s interest in the Subject Property and preserve the open-space character thereof . Upon Default (a) If GRANTOR , or any successor in interest of GRANTOR, bre=_c'1-es or violates any of the covenants , conditions , or restrictions contained in this Agreement , GRANTEE shall give GRANTOR or its successor in interest written notice of such breach or violation. Any such notice shall specify -44 th particularity the nature of the breach or violation cla-"7:%_d4 and sh=11 set forth in detail the action which GRANTIFE requests be ta;'-:er in order to cure the cla_; .med breach or violation . If such breach or violation continues uncured for a perioc, than ten (10) days after the receipt of such notice , GRANTEE shall have the rig;:t to prosecute any proceeding at law or in equity against its GRANTCa or J_ successor in interest in order to prevent the violating or breaching party from violating or attempting to violate or breach any of the covenants , conditions or restrictions contained herein; provided, however , that if the nature of the breach or violation is such that more than ten (1C ) days is reasonably required for such cure, then GRANTOR shall be allowed such additional necessary time provided GRANTOR dili- gently prosecutes such cure to completion. The remedies available under this paragraph shall include , by way of illustration, but not limitation, ex parte applications for temporary restraining orders, preliminary injunctions , and permanent injunctions enjoining or remedying any such violation or breach or attempted violation or breach . (c) If either party shall bring an action against any of the othe--.,- party by reason of the violation or breach of any covenant , condition, or restriction contained herein, or otherwise arising out of the terms of this Easement , the prevailing party in such suit or proceeding (as prescribed by the Court) shall be entitled to recover reasonable attorneys ' fees and costs which shall be payable whether or not such action or proceeding is prosecuted to judgment, provided that no award of attorneys ' fees and costs shall be rendered against either party unless the court finds that such p--rty ' s action or inaction is willful and in bad faith . of Open-Space Easement with Cover,, nts Page 7 Di strict Not Reauirc:d to Act 1-0 . District ' s participation in: (a.) the inspections of the Subject Property for compliance with the terms and conditions of this Easement, (b) the enforcement upon GRANTOR of the terms and conditions of this .Easem-ent, (c) the defense of this Easement in the .event of condemnation for. an incompatible public or quasi-public use , (d) the prosecution of any breach, violation or default by GRANTOR, under the terms of this Easement, or (e) any other legal or administrative act pursuant to this Easement, s*­11 be plirelv voluntary on Dist--rict ' s Part and District shall be free, at is sole disc;re.tioll, to c1ccline to act in any such cap--city; in the event District declines to act in any capacity for any reason, it is agreed that Town shall defend, hold harmless and indemnify District, its officers , agents and/or employees from any and all claims and/or damages which arise out of the provisions of this Easement and/or which result from District ' s failure and/or refusal to act in any capacity relative to the terms , conditions, restrictions and covenants contained in this Ease-ent-. - Enforceable Restriction 11 . This Easement and each and every term, condition, restriction and covenant contained herein is intended for the benefit of the public --and constitutes an enforceable restriction pursuant to the provisions of Section 6 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 GRANTOR and its successors and assigns and each and all of them, and is intended to run with the land as described in said Exhibit "I" . Grant of Open-S.-ace Easement with Covenants Pa-_: 8 This Easement has been executed on this day of 1989 . GRANTOR: Jack M. Cook William W. Kitner Janet E . Cook i Doris C. Kitner ACCEPTANCE OF OPEN-SPACE EASEMENT WITH COVENANTS Pursuant to the provisions of Chapter 6 . 6 of Part 1 , Division 1 , Title 5 of the Government Code (commencing with Section 51070) and Section 5540 of the Public resources Code, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT and THE TG2: OF LOS GATOS hereby accept this chant of easement with the - covenants on this day of , 1989 . GRA?3TEE MIDPE. INSULA REGIONAL OPEN SPACE TOWN OF LOS GATOS DISTRICT, a Public District By By President, Board of Directors Mayor Attest _ Attest District Clerk Town Clerk I RESOLUTIC-11 1,.10 . RESOLU"'LlION OF THE BOARD DIRECTORS OF THE MIDPEIITINSULA REGIONAL OPEN SPACE, DISTRICT AUTHORIZING ACCEPTANCE OF OPEN SPACE EASEMENT DEDICATION, AUTHORIZING OFFICEiR TO EXECUTE CERTIFICATE OF ACCEPTA14CE OF GRANT TO DISTRICT, .7,JTD Al-VP T 1 P.TZ,T N(7- GFT,!E"��T; 14,11,Tfl?,GER TO T- OR APPPOPRIATE TO CLOSII,,!G OF THIE TRANSACTION (SIERRA �%ZUITA OPEN SPACE PRESERVE, L"INIDS OF COOK ET AL . ) The Board of Directors of the' Midpeninsula Regional Open Space District does resolve as follows : Section One . The Board of Directors of the Midp,anin- sula Regional Open Space District does hereby accep.t the offer of dedication from Jack M. Cool: and Janet E . Cook, husband and wife , and William 17. Kitner and Doris C. Kitner , husband and wife , of a Grant of Open Space. Easeitiprit with Cove--nauts to Lhe Town of Los Gatos and the Midpeninsula Regional Open Space District ,Lstrict , a copy of 4,,hich is cttaclhecl hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Grant of Easement on behalf of the District . Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance to any easement deed granting said op---n space easement with covenants . Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the property owner and the Town. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. I �V�i TOWN of LOS GAT OS OFFICE OF THE TOWN MAN I-GER (408) 354-6832 0, 19 9 Herb Gren,ch 1S:u-Peninsula Regional-Open Space District O:c Mill Office Center, Bldg. C, Suite 135 201 San Antonio Circle Mountain View, California 94040 De!r N1r. Grench: As I have discussed with Craig Britton, the Town would like to continue to dedicate space easements jointly with Mid-Peninsula Regional Open Space District, -' ace easements are In the hillside open s ace areas or 1f they areth those open s Town's flat'and areas. We are willing, however, to relieve Mid-Peninsula of the resoonsibilit� to maintain these easements. I cp-- this xv-111 enable the District to assist the Council in establishing all our open space easements jointly with the Town. S:ncerely, DEBORAH SNVARTFAGER o..."I Manager DS:Dm A ,Li F1ERS,cRL-Nc1t cc: Nlavor and Town Council A:achment CIVIC CENTER • 110 EAST MAIN STREET • P.U. BOX 949 • LOS GATOS, CALIFORNIA 95031 Claims No. 89-19 Meeting 89-25 Date: Sept. 27, 1989 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ' Amount Nam Description 3,171 716.00 Adia Service, Inc. Temporary Office Help 3172 46.33 Barron Park Supply Company Plumbing Parts 3.173 10,185.76 Birnie Lumber Company Lumber 3174 47.87 Butler's Uniforms Uniform Expense 3*175 733.76 Cabela's, Inc. Uniform Expense 3176 277.00 California Public Finance Subsciption 3177 428.58 Conservatree Paper Company Office Supplies 3178 11 ,642-21 William Cotton & Associates Geotechnical Services 3,179 500.00 The Darkroom Photographs 3180 4,738.96 Dillingham & Associates Landscape Architectural Services 31181 '15.40 Dittmers' Gourmet is Local Business Meeting 3182 475.08 Drager & Mount, Inc. Typesetting 3183 642.67 Emergency Vehicle Systems Equipment Repair 3184 40.45 Foster Brothers Security Systems Keys 3185 430.85 Herbert Grench Reimbursement-Office Supplies and Conference Expense 3186 236.69 General Supply Centers, Inc. Equipment Supplies 3*187 237.75 Goodco Press Photocopying 3188 283.55 Harkins Sign Company Sign 3189 1 ,326.80 Jeda Publications, Inc. Printing-Newsletter 3190 360.67 Langley Hill Quarry Drain Pipe 3191 203.00 Los Altos Medical Clinic Pre-Employment Physicals 3192 38.92 Mobil Oil Company Fuel 3193 '100.00 National Association District Membership of Interpretation 3194 '140.00 National Safety Council Membership 3195 142.90 Orchard Supply Hardware Field Supplies 3196 986.38 Peninsula Oil Company Fuel 3197 46.55 Pitney Bowes, Inc. Postage Meter Rental 3-198 392.50 Robinson & Associates Engineering Consultant Services 3199 60.00 San Mateo Times Newspaper Group Subscription 3200 325.57 The Office Club Office Supplies 3201 1 ,619.71 Trygg & Trygg Printing 3202 2,8-13.38 Trygg & Trygg Design and Production Work 3203 1 ,144.00 USRentals Equipment Rental 3204 56.48 Sandy Voorhees Private Vehicle Expense 3205 1 ,102.95 Whitmore, Kay & Stevens Legal Fees 3206 330.00 Xerox Corporation Equipment Maintenance 3207 764.60 Town of Woodside Permit 3208 338.00 Teena Henshaw Conference Expense Emergency Check Issued an September '19, 1989. ***Emergency Check Issued an September 20, 1989.