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
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RICK _�(AWLEY
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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
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**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.
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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.
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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.