Loading...
HomeMy Public PortalAbout19910508 - Agendas Packet - Board of Directors (BOD) - 91-12 Open Space -------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-12 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 6 :30 P.M. 330 Distel Circle Wednesday Los Altos, Calif . May 8 , 1991 (6:30) The meeting will convene at the District ' s future office site at 330 Distel Circle, Los Altos. Following the on-site review of proposed remodeling plans the meeting will reconvene at the District office for the remainder of the agenda. 7 :30 P.M. 201 San Antonio Circle Building C - Suite 135 Mountain View, Calif . (7 :30) * ROLL CALL APPROVAL OF MINUTES (April 23 and April 24 , 1991) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (7 :45) 1. Exchange of Land to Effect Minor Lot Line Adjustment to Northwestern Boundary of Foothills Open Space Preserve - C. Britton Resolution Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Deed for the Real Property Interest Being Released, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager, or Assistant General Manager, to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Foothills Open Space Preserve - Lands of O'Reilly) (7 : 50) 2. Budget and Architect ' s Fees for Remodel of 330 Distel Circle Office Building - C. Britton 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 (8:10) 3. Appointment of Peace Officer J. Escobar Resolution Appointing Peace Officer - Thomas Randall (8:15) 4. Review of Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve - D. Hansen a. Approval of Negative Declaration and Mitigation Measure Monitoring Checklist b. Tentative approval of Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve C. Approval of California Department of Fish and Game Certificate of Fee Exemption (8 : 55) 5. Proposed Addition of Gastronics Incorporated Property to the Mt. Umunhum Area of Sierra Azul Open Space Preserve - C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve, Lands of Gastronics Incorporated) (9: 10) 6. Proposed Addition of the Peninsula Open Space Trust Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve - C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve, Lands of Peninsula Open Space Trust) (9:25) *** 7. Final Adoption of the Preliminary Use and Management Plan for the Nicholas Property Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve - N. Hanko INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Litigation, Land Negotiations, Labor Negotiations, and Personnel Matters) ADJOURNMENT ---- ------------ -*NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. 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. Denotes Express Item NOTICE OF SPECIAL MEETING There will be a Trails Committee meeting Thursday, Nay 23, 1991 beginning at 7:30 p.m in the District office. The purpose of the meeting is to begin work on developing Trail Use Guidelines. Open Space ----------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-11 REGULAR MEETING BOARD OF DIRECTORS April 24, 1991 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 : 35 P.M. Members Present: Katherine Duffy, Nonette Hanko, Richard Bishop, Robert McKibbin, Teena Henshaw, Ginny Babbitt, and Betsy Crowder. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, David To le and Emma Johnson. II. APPROVAL OF MINUTES April 10, 1991 Motion: R. Bishop moved that the Board approve the minutes of April 10, 1991. K. Duffy seconded the motion. The motion passed 7 to 0 . III . WRITTEN COMMUNICATION E. Johnson stated that the Board had received a written communication dated April 12 from Harry Haeussler, Jr. 1094 Highland Circle, Los Altos commending the District field staff and office staff . N. Hanko congratulated the staff for getting such a letter. IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA N. Hanko stated that the agenda was adopted by Board consensus . VI . BOARD BUSINESS A. Completion of Annexation to the District of McDonald Property Addition to La Honda Creek Open SpacePreserve (Report R-91-49 dated April..16 , 1991 ) C. Britton stated that 760 acres of the 1 , 100 McDonald property addition were outside the District ' s boundary. He reported that the annexation, as well as a 338 acre increase in the District ' s sphere of influence, were approved by both San Mateo and Santa Clara County LAFCo. President N. Hanko asked if any member of the public wished to comment on the annexation. There was no public comment. Meeting 91-11 Page 2 Motion: R. McKibbin moved that the Board adopt Resolutidn 91-15, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Annexing Certain Property to the Midpeninsula Regional Open Space District (Midpeninsula Preserves 1990 - La Honda Creek) . B. Crowder seconded the motion. The motion passed 7 to 0. B. Proposed Agreement With Sempervirens Fund Regarding Long Ridge Open Space Preserve Additions (Report R-91-52 dated April 18 , 1991) N. Hanko requested that the next three agenda items be discussed simultaneously since all were interrelated. C. Britton explained the history of the Sempervirens Fund involvement with the area and showed the site of the parcels relative to Castle Rock and Big Basin State Parks and the District preserves. He said that Sempervirens Fund is offering the District a 2- % year option to purchase their 116 acre Saratoga Gap parcel at half price, will waive the $5, 000 option fee for District acquisition of the underlying fee rights in the Hickory Oaks Ridge property, will support the District ' s efforts to obtain a grant to acquire the property, and would contribute to the District purchase of the Deka Associates property if a grant is secured. D. Hansen said all three properties being considered create a gateway to the Santa Cruz mountain trails, including the Bay Area Ridge Trail and the Skyline-to-the-Sea Trail and that the unused road through the Sempervirens Fund property could be developed as a trail connecting the District ' s trail through Saratoga Gap and the Saratoga Toll Road Trail . He added that the meadow would be an ideal location for a visitor center which Sempervirens Fund is promoting. Motion: R. McKibbin moved that the Board adopt Resolution 91-16, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Agreement for Option to Purchase Real Property, Authorizing Officer to Execute Memorandum of Agreement, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction. (Long Ridge Open Space Preserve, Lands of Sempervirens Fund) . R. Bishop seconded the motion. The motion passed 7 to 0. C. Proposed Addition of Deka Associates Property to the Long Ridge Open Space Preserve (Report R-91-50 dated April 10, 1991) C . Britton reported that the 205-acre property adjoins the Sempervirens Fund parcel . He said that the acquisition price would be $985, 000, but when the Prop 70 grant funds were received the property would cost the District $600 , 000 Meeting 91-11 Page and if the Sempervirens Fund Grant were received, the property would cost the District $300, 000. He said that none of the parcels being considered is within District boundaries and that he is preparing documents for annexation_ procedures . D. Hansen showed slides of the property, noting the roads and cleared building sites that degrade the property. He said that there is evidence of misuse as well as park-type use that would require cleanup and restoration. He said boundary plaques would be installed and gates would be constructed across both roads to prevent unauthorized access. to the site. Motion: R. McKibbin moved that the Board adopt Resolution 91-17, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve, Lands of Deka Associates) . T. Henshaw seconded the motion. The Motion passed 7 to 0. Motion: R. McKibbin moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations , including naming the property as an addition to Long Ridge Open Space Preserve, and indicate its intention to dedicate the property o Public open space. T. Henshaw seconded the motion. The motion passed 7 to 0. D. Land and Water Conservation Fund Apalication for Sar.atoga Summit Gateway Project (Proposed Addition of Sempervirens Fund Property to Long Ridge Open Space Preserve) (Report R- 91-51 dated April 10 , 1991) C . Britton said the amount being requested is $300, 000,1 half the value of the property, and that application must be submitted by May 10, 1991 . He said that grant funds have diminished in the last several years and that recent grants have been given more for development than acquisition. Motion: B. Crowder moved that the Board adopt Resolution 91-18 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds for the Saratoga Summit Gateway Project . R. McKibbin seconded the motion. The motion passed 7 to 0. Meeting 91-11 Page 4 E. Action Plan Program Evaluation for 1990-1991 Fiscal Year (Report R-91-47 dated April 17 , 1991) H. Grench explained that the format had been changed from previous years to make the report more concise and requested the Board ' s feedback on the format. C. Britton, D. Hansen, M. Hale, and H. Grench briefly reviewed the status of the key projects and activities for the past fiscal year in each of their programs. Discussion centered on the format of the information. G. Babbitt said it is a good format, clear and understandable. She suggested that the report include other major time- consuming projects and accomplishments if the format is adopted. T. Henshaw stated the format was easy to read and follow. B. Crowder, R. McKibbin, and R. Bishop expressed their satisfaction with the format . N. Hanko asked if major time consuming projects not included in the Action Plan should be included in a report so that the Board is aware of everything of importance that is accomplished by staff . H. Grench said that introductory narrative to the program evaluation has generally included that type of activity. N. Hanko asked if the Board would like to have the other typical projects and activities included. R. Bishop and R. McKibbin noted that the current format contained enough detail . N. Hanko asked if the Board would like to have major projects that are not part of the action plan included in introductory sentences. R. McKibbin suggested bullet items rather than narrative be used. K. Duffy suggested that this may not be the appropriate format for the mid-year program evaluation since it is more important and enables the Board to change direction if necessary or desirable. T. Henshaw agreed that more time be allotted for the mid-year program evaluation so that the Board can consider it from a different perspective. N. Hanko suggested a combination of formats so that the Board would have a way to know what has been accomplished when it considers the new fiscal year. She said it would be helpful to know why projects were dropped, are on-going, or have been completed. T. Henshaw suggested N. Hanko, G. Babbitt, H. Grench and another Board member discuss the format further. Motion: R. Bishop moved that the Board accept the program evaluation for the 1990-1991 fiscal year. R. McKibbin seconded the motion. The motion passed 7 to 0 . F. Proposed Revision of the District ' s Performance Evaluation and Merit Pay System for Non-Represented Employees (Report R-91-48 dated April 17 , 1991) H. Grench reviewed the proposed changes to the evaluation system and forms for District non-represented employees : evaluation form noting whether the employee ' s performance is evaluated above standard, meets standard , or below standard• Meeting 91-11 Page 5 evaluation standards developed by the evaluation committee; timing of evaluations; merit increases based on the number of meets standards ratings; procedures for special evaluations for below standard ratings and remediation processes; and probationary procedures . He said that staff seemed supportive of the proposed changes . Motion: B. Crowder moved that the Board approve, retroactively to April 1 , 1991, the evaluation form; Performance evaluation standards; and merit increase and salary administration system as presented in the staff report for the District ' s non-represented employees . R. McKibbin seconded the motion. The motion passed 7 to 0. VII . INFORMATIONAL REPORT The Board scheduled the following meetings : OSpecial Closed Session Board Meeting for the continuation of the evaluation of Board appointees - May 28 at 7 : 30 P.M. OStrategic Plan Workshop - June 1 starting at 9 A.M. OResource Management Workshop - July 9 at 7 : 30 P.M. OGraphic Deisgn Workshop - May 30 at 7 :30 P.M. B. Crowder reported that she had received a newsletter from the South Skyline Association with an announcement of a potluck/wine tasting on April 26 at 7 :30 P.M. at the Thomas Fogarty Winery. D. To le reported a bicycle accident at Sierra Azul Open Space Preserve on April -21 . B. Crowder reported an equestrian accident at Windy Hill Open Space Preserve on Kite Day. D. Hansen said that Trail Days was a success , with 18 volunteers at Windy Hill Open Space Preserve and 12 at St. Joseph ' s Hill Open Space Preserve. He reported an incident on District property on Mt . Umunhum Road and that he is following up with S. Norton. D. Hansen reported that the Portola Valley Planning Commission had approved the conditional use permit for Windy Hill Open Space Preserve. H. Grench said the Planning and Conservation League ballot measure has been filed with the attorney general . He reported attending a hearing to oppose Senate Bill 1155 (Senator Bergeson) . He said the bill which would cancel subventions for business inventory tax relief did not get out of committee that day. He added that if the supplemental roll income is down this year, the District may need some special subvention. N. Hanko announced the Docent Recognition Event will be July 20 . C . Britton reported that the Town of Woodside appears to be willing to discuss at its May 24 meeting a November 1991 ballot measure for creation of a Street and Lighting Act bond issue for Teague Hill Open Space Preserve. Claims No. 91-08 Meeting 91-11 Date: Apr. 24, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 556 888.56 Alves Petroleum, Inc. Fuel 557 1,797.60 Birnie Lumber & Fence Company Redwood Posts 558 69.02 Ruth Blanchard Private Vehicle Expense 559 832.50 Louis Bordi Grading 560 84.93 Carleen Bruins Private Vehicle Expense 561 195.00 University of California Registration--Lauren McGuire 562 136.54 California Water Service Water Service 563 61.14 Clark's Auto Parts Vehicle Parts 564 172.00 Sheryl Marioni Cochran Reimbursement--Permit Fees 565 665.32 Emergency Vehicle Systems Radio Equipment and Installation 566 41.51 John Escobar Reimbursement--Field Supplies i 567 692.31 Farrelle Communications Radio Equipment 568 250.00 First American Title Insurance Title Policy Company i 569 189.25 David B. Fisher Legal Services 570 24.74 GTE California Directory Listing 571 233.76 Herbert Grench Reimbursement--Local and Out-of-Town I Meeting Expense 572 12,320.13 Hawley Peterson and Snyder Architectural Services 573 315.00 Honeywell Protection Services Burglar Alarm Maintenance 574 100.00 La Honda Vista Water Company Water Service 575 250.00 June Legler Honorarium--Docent Training Class 576 60.00 * Lauren McGuire California Trail Days Refreshments j 577 1460.95 Mevers, Nave, Riback & West Legal Services 578 1,372.50 Charles H. Montange Legal Services 579 41.01 Nornev's of Mountain View Office Supplies 580 34.53 Northern Energy Propane Gas 581 313.58 Office Club Office Supplies 582 1,360.49 Orchard Supply Hardware Field Supplies 583 256.00 Pacific Gas & Electric Company Utilities 584 2,676.43 Page & Turnbull, Inc. Architectural Services 585 128.75 Loro Paterson Reimbursement--Field Sunplies 586 48.28 Pitnev Banes, Inc. Postage Meter Rental 587 8.66 Precision Engravers, Inc. Namebadges 588 500.00 Renfro Roofing Company Repairs 589 985,000.00 Redding Title Company Land Purchase--Deka 590 36,864.50 Restroom Facilities Corporation Restrooms 591 821.89 Rov's Repair Service Vehicle Repairs 592 480.49 S & W Equipment Company Equipment Repairs 593 387.50 Jane Sa?tman Consulting Services 594 60.00 San Mateo Times Newspaper Group Subscription 595 687.12 Santa Clara County Sheriff's Patrol Services Department 596 5,200.00 E. R. Sheehan Consulting Services and Equipment Renta_ 597 136.85 Shell Oil Company Fuel 598 254.01 John Shelton, Inc. Culverts 599 234.15 Siegal and Associates Training Video *Emergency check issued on April 18, 1991. Claims No. 91-08 Meetina 91-11 Date: Aor. 24, 1991 RF'VISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 600 i,900.00 George Sipel Associates Salary Survey . 60i 62.00 Smvthe Buick Vehicle Repairs 602 5,100.00 William Spangle and Associates Master Plan Revision 603 2,389.13 Spencer and Associates Consulting Services 556 111.17 Standard Brands Paint Companv Paint 557 1,530.83 The Steinberg Group Architectural Services 558 792.65 Tryag and Trycg Newletter Printina and Brochure Artwork 559 664.00 The Workingman's Emporium Uniform Expense 560 9,328.14 Whitmore, Kay and Stevens Leaal Services 561 18.00 tab rdperfect Magazine Subscription 562 1,397.02 Ya_rdbird Equipment Company Field Equipment 563 54.72 Deborah Zucker Private Vehicle Expense 564 90.89 Fry's Electronics Computer Supplies 565 294.67 Petty Cash Express Mail, Office and Field Supplies, Film and Developing, Local Meeting Expense and Private Vehicle Expense Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-10 SPECIAL MEETING BOARD OF DIRECTORS April 23, 1991 MINUTES I. ROLL CALL President Nonette Hanko called the meeting to order at 7 :35 p.m. at the District office. Members Present: Nanette Hanko, Katherine Duffy, Teena Henshaw, Richard Bishop, Robert McKibbin, Ginny Babbitt, and Betsy Crowder. Personnel Present: Herbert Grench and Michael Foster. II . CLOSED SESSION The Board recessed to Closed Session for the purpose of conducting performance evaluations for the General Manager and District Controller. III. ADJOURNMENT The Board reconvened to adjourn at 10: 40 P.M. I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-56 (Meeting 91-12 May 8 , 1991) REPORT March 26 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C . Britton, Land Acquisition Manager; D. Hansen, Land Manager; R. Blanchard, Real Property Representative SUBJECT: Exchange of Land to Effect Minor Lot Line Adjustment to Northwestern Boundary of Foothills Open Space Preserve Recommended Action: 1 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing officer to Execute a Deed for the Real Property Interest Being Released, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager, or Assistant General Manager, to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Foothills Open Space Preserve - Lands of O'Reilly) . 2. Tentatively adopt the use and management recommendations contained in this report , including naming the property as an addition to Foothills Open Space Preserve. 3 . Indicate your intention to dedicate the property as public open space . Discussion• In June 1989 , the District was advised by a local surveyor of an encroachment onto Foothills Open Space Preserve by an adjoining property. In April 1990 , the District received a letter from Dr. John G. O'Reilly describing the encroachment onto District land by the driveway entering his property from Page Mill Road, which he had discovered in a new survey of his recently acquired property. Dr. O'Reilly requested the District ' s cooperation in correcting this problem. A series of discussions was begun with Dr . O'Reilly over options to resolve the problem. A portion of Dr. O'Reilly' s driveway, which includes a gate and a R-91-56 Page 2 short wing-wall , cuts across a corner of the Foothills Open Space Preserve. This driveway has been in use for approximately 50 years . The remaining frontage of Dr. O'Reilly' s land along Page Mill Road is above road grade at a steep slope so that realigning the drive is not feasible. Dr. O'Reilly is in the process of constructing a privacy wall along the road frontage to replace a row of trees recently killed by disease. He would like the boundary problem with the District resolved before investing the money on a new driveway gate, etc . Rough calculations indicate that the encroachment is 0 . 1-0 . 2 acres in size. Dr. O'Reilly has agreed to deed to the District a piece of land twice the size of the land which he receives from the District (see map attached) . Staff recommends that the exchange be accomplished by a lot line adjustment between the two properties . The boundaries are such that a single new property line could be drawn to transfer a small corner of preserve land to Dr. O'Reilly and a larger triangle from Dr. O'Reilly ' s property to the District. All survey costs and county processing fees will be paid by Dr. O'Reilly. The District will receive land located in a steep swale heavily vegetated with oak, bay, madrone, and native shrubs . The land slopes to the north and east toward the canyon located below both properties . The downward slope of the land provides a brief vista out over the swale towards the Bay for motorists passing on Page Mill Road. Approval of this proposal will resolve a minor conflict with a District neighbor in an amicable fashion while slightly increasing District holdings along this boundary. Since the land to be exchanged has been dedicated, a unanimous vote of the Board will be required for approval . Use and Management Recommendations The area received by the District should remain as is , forming a natural boundary between the preserve and the O'Reilly' s homesite. A boundary plaque will be placed at the new property line . Name The property should be named as an addition to the Foothills Open Space Preserve. Dedication I recommend that you dedicate the property as public open space. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A DEED FOR THE REAL PROPERTY BEING RELEASED, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT AND AUTHORIZING GENERAL MANAGER, OR ASSISTANT GENERAL MANAGER, TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION (FOOTHILLS OPEN SPACE PRESERVE - LANDS OF O'REILLY) a The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Exchange Interests in Real Property between John G. O'Reilly et ux. and the Midpeninsula Regional Open Space District dated April 30 , 1991 , a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District . Section Two, The President of the Board or other appropriate officer is authorized to execute the Deed granting the real property interests being conveyed by the District. Section Three. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance to the deed conveying title to the property being acquired by the District. Section Four. The General Manager, or Assistant General Manager, of the District shall cause to be given appropriate notice of acceptance. The General Manager, or Assistant General Manager, is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Five . The Board of Directors finds that the granting and releasing of the real property interests is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Foothill Open Space Preserve. Section Six. The Board of Directors finds and determines that pursuant to Section 5540 . 5 of the Public Resource Code of the State of California, this exchange of rights and obligations is of equal value and is necessary for park or open space, or both purposes . v J toe MIDPENINSUL. EGIONAL OPEN SPACE DISTRICT 0 Foothills Open Space Preserve r•• y -1000 1 < ,�-�- i,nCA`I'LON SUBJECT ],AND EXCHANGE �► � �.,� � FOOTHILLS PARK LEASHED DOGS ALLOWED ON TRAIL � --•'y t `.�'ff'ff � �... � � �t ���� t �� ' /,/�)sir, 3 � l �-- ROADS I DE PULLOUT T, �"�� lf --•../�'? � 1 {'� ---^-� ti.'�� �.-w-..�f� ��,, f� � � � i IBC `k��� `yam �� �' -� I , '� , � � i� 1•\ �`` - f 1�J�-�'t-�`' � ,,��i ii �� OPEN SPACE EASEMENT"800 tI s tt Ati\� 0 �1 ,��� -''" ---.,, `—r-' l-�;S TRANCOS 0 S.P. OFFI:.E OF COUNTY A55E550R, SANTA CLARA COUNTY,CALIFORNIA — I BOOK PAGE 351 1 1 BUNCO RANCH SUBDIVISION (UNRECORDED PART OF LOTS 3 4 BRICINES PARTITION p o ` R.V.S.t62�4/ r.15ufso • t 1{1Or li .+ D ..� I DDOy eQ5 4p � 4 \ A'i,� �'' � �•'0 .�, I so 1 171t0 1\ t '1 z 600 42 ice• Ij47 I�Ac ' AC ` IAA. t7lil AA '• 3022 I� I.SB AC Z;0 0 t'L F pZ \-61.12 AC \ \ \ 1 1 Ir rs �•�� 18 2 �^aO w \•%�0i 33 \ 26 \+ �, T7�p r."! �'----- --.-----' -.� w ? o • 15 All r t7510 r y 2 Ac RO.S59:/49 \io 2.53 AC.aE7 f- I 1 r•Jrr •17 T. I10Ac "A: U 1212Ac r I NET 34 1 d �1 2 o: q OIRA. e 2 _ •1+'rd r '1 � a war •' y t• � I � }.�M•+ 4.38 AC.NET. a I MIDPENINSULA REGIONAL OPEN SPACE OiST. LAND TO BE RECEIVEDKa ogzo .� LAND TO BE GIVEN O'REILLY AI •ly - • yrr K s,1 • � 1V{ AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AGREEMENT is made and entered into by and between JOHN G. O'REILLY AND CINDY A. O'REILLY, husband and wife, hereinafter referred to as "O'Reilly" , and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter referred to as "District" . WITNESSETH A. O' Reilly owns a parcel of land located at 10920 Page Mill Road in the County of Santa Clara, State of California , identified as Assessor ' s Parcel Number 351-01-018 . O' Reilly ' s parcel is improved with a single family dwelling. B. District owns an adjacent parcel of land identified as Assessor ' s Parcel Number 351-01-019 , also located in the County of Santa Clara. District ' s land has been dedicated by the District ' s Board of Directors as public open space . C. O'Reilly has advised District that the driveway to his house crosses a corner of District ' s land and requests that District grant him fee title to this land in exchange for fee title to a portion of his land of equal value. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS : 1. Exchange of Fee Title. O'Reilly and District will exchange unencumbered fee title to land to cure the encroachment. 2. Lot Line Adjustment. Recorded title will be corrected through a lot line adjustment processed through the appropriate agency of the County of Santa Clara. 3 . Payment of Fees .. All processing fees , legal fees if any, survey fees , etc . , will be paid for by O'Reilly. District is to have no out of pocket expenses due to this transaction (other than the employee time needed) . 4 . Property to be Conveyed by District. District will transfer to O'Reilly the minimum amount of land necessary for the existing driveway, entry gate and wing-wall , and delineated by a new lot line to run between the 24" oak near the wing-wall and the 24" double oak 30 feet south of the wing-wall , as shown on the map by Giuliani & Kull , Inc . , dated March 30 , 1990 . This is estimated to be between .10 to . 20 acres . Exchange Agreement - O'Reilly Page 2 5. Property to be Conveyed by O'Reilly. O' Reilly will transfer to District at least two times the amount of land to be received from District. 6 . Alignment of New Lot Line . It is intended that the two parcels to be exchanged be delineated by a single new property line extending from Page Mill Road across a corner of District land northeast across a corner of O'Reilly' s land until it intersects again with District ' s property boundary. (An illustrative map is attached as Exhibit A) 7 . Timing. This Agreement becomes null and void if all terms have not been completed within nine calendar months of the effective date of the Agreement. 8 . Changes to Agreement. If actual survey shows the above proposal to be unfeasible, this Agreement must be amended in writing and signed by both parties. Exchange Agreement O'Reilly Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPFNINSULA REGIONAL OPEN SPACE GRANTEE DISTRICT APLRCVEDAS TO FORM: J G. O'Reilly Stanley Norton, District Counsel Date ACCEPTED _FQA RECOM ENDATIOU Cindy A. /�R)))eil�l�yl//y L. Craig Britton SR/WA Date Land Acquisition Manager �LPPRUVED MID ACCEPTED: President, Board of Directors ATTEST:. District Clerk Date • I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-59 (Meeting 91-12 May 8 , 1991) REPORT April 29, 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C . Britton, Land Acquisition Manager; R. Blanchard, Real Property Representative SUBJECT: Budget and Architect ' s Fees for Remodel of 330 Distel Circle Office Building Recommended Actions: 1 . Increase the amount previously authorized for architectural services for the design of the remodel of 330 Distel Circle to a total of $78 , 000 . 2 . Increase the approved budget for the remodel of the building and occupancy costs associated with the move of the administrative headquarters to 330 Distel Circle from $500 , 000 to $900, 000 with the funds coming from the New Land Purchase budget category. Introduction• On January 23 , 1991 , you approved the expenditure of up to $55, 000 for architectural services provided for the remodel of the new District headquarters building located at 330 Distel Circle, Los Altos , and authorized the general manager to execute a contract with the architect (see report R-91-12 dated January 16 , 1991 . ) The $55, 000 figure was taken from the proposal submitted by the architect during the architect selection process and was based on a rough estimate of the preliminary construction budget . On March 27 , 1991 , the Board approved the 1991-1992 District budget which included the amount of $500 , 000 to be spent for remodel of 330 Distel Circle and moving and occupancy costs (see report R-91-39 dated March 20 , 1991 . ) This $500 , 000 figure was an arbitrary amount recommended by the Budget Committee at their March 6 meeting with the intent that the amount would be amended in the future when more information was obtained regarding the proposed design of the building and, accordingly, the potential R-91-59 Page 2 cost to achieve these design goals . Curren-t Status ofDesign Process : An initial contract was signed with The Steinberg Group for an amount not to exceed $7 , 000 to cover the cost of producing the program statement . The program statement is a document which outlines the specific needs of the Districts ' organization in terms of functions (e .g. , conference , storage) , number of offices , size of offices , and which departments need to be close to each other . This document has been completed and The Steinberg Group proceeded to the design development stage , which involves translating the statistics into an actual space plan. Costs incurred to date for design development will be billed against the second contract with the architect , not yet signed. Several floor plans and design ideas were presented to staff for comment . These were reviewed and a recommendation made to the Office Space Committee at a meeting on April 25 , 1991 . In summary, the staff recommended that the committee approve the interior plan that would most effectively convey an "open space" image in the reception and public areas and would open the office area to maximum light . This requires that the restrooms in the building be moved, achieving two positive design features . First , access to the men ' s room is now directly from the reception area, which is an unacceptable design and which is corrected with proposed plan. Second, moving the restrooms and placing a glass enclosed public Board meeting room at the back of the reception area creates a dramatic view through the Board room out to the landscaping behind the building to anyone entering the building. The general layout recommended for the office area would include closed offices for department managers only, below-ceiling-height partitions for staff , with use of a skylight and some glass walls to maximize the amount of natural light in the space . The decision to move the restrooms adds to the cost of the project . However, the Office Space Committee decided that the improvement in design warranted the expenditure. The committee recommended that initial savings be made by 1) installing the most cost efficient heating and ventilating system consistent with efficient operation, 2) doing no exterior remodelling to the building, and 3) making no changes to the landscaping. Additionally, the committee agreed to recommend that new furniture should be purchased only for the Board room and reception areas at this time , with the architect providing specifications necessary so that staff furniture could be purchased in future phases with a coordinated look . There was R-91-59 Page 3 additional discussion about purchasing new furniture for staff immediately if substantial cost savings were achieved during construction, even though this possibility appears slight . Revised Budget : The total budget now being recommended for approval , by staff and the Office Space Committee , is $900 , 000 . This includes $792 , 000 for hard construction costs and for soft costs such as architect ' s fees , engineering, and building permits . It also includes $108 , 000 for Board room and reception area furniture and various occupancy costs . A copy of the proposed project budget is attached. These numbers are only estimates at this time. Actual costs will not be known until plans and specifications have gone out to bid. The items deleted from the budget by the committee include: redesign of the building exterior entry, an upgraded heating plant, and staff furniture , which would together add approximately $200 , 000 to the total project budget . Revised Architectural Fees : The design decisions made as a part of the increased budget will also impact the amount of time necessary for design, cost estimating, and consultant review and for the sheer volume of plan pages and specifications required from the architect . The additional time required directly affects the architect ' s fee , which increases proportionately. The Steinberg Group has submitted two proposals to complete their services . The lower of the contracts is for an amount not to exceed $62 , 800 . The higher of the contracts is for an amount not to exceed $71 , 000 . The difference between the two is in the amount of time to be provided by the architect in construction supervision and administration. Staff has discussed with the architect the possibility that a portion of the construction supervision could be performed by the District . The lower contract amount reflects this assumption. However , staff is recommending approval of the higher contract. Because the project will be put out for public bid, there is a possibility that the lowest, most responsible bidder may be a company with which the architect has had no previous experience . If the company is fairly new, or is in a weak financial position (information not always readily attainable) , highly experienced construction administration is more necessary. Accordingly, while staff will make every effort to control architect ' s fees for construction administration by taking on some of this responsibility, the District should have available the funds for R-91-59 Page 4 the architect to do as much of this supervision as is deemed prudent. Accordingly, staff recommends your approval to expend up to $62 , 800 ($7 , 000 for the contract for the program statement, which has already been expended, and $71 , 000 for the contract to complete the project) for architectural services required for the remodel of 330 Distel Circle, as recommended in this report and contained in the project budget . 330 DISTEL CIRCLE OFFICr, REMODEL BUDGET ESTIMATE Most desirable architecturally Assumptions: Higher quality heating and ventilating system Move restrooms Install one unisex shower New window coverings New furniture for board room and reception Add skylights and extra glass, plus upgrade partitions Office interior @ $35/sq. ft. $ 302,750 Replace fire sprinklers 10, 800 New heating & ventilation system 57 , 000 Move restrooms 55,000 One unisex shower 10, 000 Shell modifications req'd for above 47 ,600 Above usual demolition costs 34 , 600 Window coverings 14, 300 Architectural upgrades 53, 600 Building exterior refurbish 0 Seal and stripe parking lot 7 , 000 Replace lights in parking lot 5,000 Signage 3, 000 Landscaping 0 Computer network wiring 5, 000 Subtotal 605, 650 Contingency @ 10% 60, 000 Architect, engineering and permits 126, 350 TOTAL BUILDING REMODEL 792,000 Furniture (reception & board only) 50,000 Rough estimate Moving and occupancy costs 58, 000 Phones and moving TOTAL OTHER 108, 000 TOTAL PROJECT $ 900,000 - - OMNI, _ 7O � p ! p)?T O� � L O O T Q S AZ --- 0 1 , I}: I j 1 , r VIEW OF BOARD ROOM FROM RECEPTION Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-57 (Meeting 91-12 May 8 , 1991) REPORT April 29, 1991 To: Board of Directors From: H. Grench, General Manager Responsibility and Preparation: D. Hansen, Land Manager; D. Topley, Acting Operations Supervisor Subject: Appointment of Peace Officer Recommended Action: Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer - Thomas Randall Discussion: At your meeting of January 14, 1976, you accepted the recommendation that District rangers be appointed as peace officers as outlined under Section 830.31 (b) of the Penal Code of the State of California (see report R-76-2 dated January 7 , 1976) . Thomas Randall has completed the necessary courses required under the Penal Code. This course completion and the passage of the attached resolution will qualify him for appointment as a peace officer. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional open Space District does hereby resolve as follows : The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830. 31 (b) of the Penal Code of the State of California, to enforce the Regulatory ordinance for Use of Midpeninsula Regional Open Space District lands and any applicable federal, state and local laws: Thomas Randall ►pen Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-60 (Meeting 91-12 May 8 , 1991) REPORT April 29, 1991 TO: Board of Directors FROM: D. Hansen, Land Manager RESPONSIBILITY AND PREPARATION: D. Woods , Principle Open Space Planner; M. Gundert, Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Review of Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve Recommended Actions: 1 . Approve attached Negative Declaration and Mitigation Measure Monitoring Checklist. 2. Tentatively adopt the revised Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve as contained in this report. 3. Approve attached California Department of Fish and Game Certificate of Fee Exemption. Discussion: The Use and Management Plan for Russian Ridge Open Space Preserve was last reviewed on January 28 , 1987 (see report R-87-22 dated January 22 , 1987) . Final adoption of the plan (without grazing considerations) occurred at your February 11 , 1987 meeting (see report R-87-31 dated February 2, 1987) . The issue of grazing was later addressed at your April 8 , 1987 and April 22 , 1987 meetings , at which time reports addressing estimated costs for implementing a grazing program were presented (see report R-87-61 dated April 3, 1987 and report R-87-65 dated April 16 , 1987) . At your June 10, 1987 meeting, you tentatively adopted amendments to the Use and Management Plan for the access improvements completed in conjunction with the Skyline Ridge Open Space Preserve grant-funded development project (see report R-87-92 dated June 3 , 1987) . Final adoption of the amendments occurred at your July 8 , 1987 meeting (see report R-87-105 dated July 1 , 1987) . There have been two additions to the preserve since the last Use and Management Plan review. You authorized the acquisition of the 145-acre former Stanford property at your July 27 , 1988 meeting (see report R-88-86 dated July 19, 1988) . Final adoption occurred at your August 10 , 1988 meeting (see report R-88-97 R-91-60 Page 2 dated August 2 , 1988) . The second addition was the 49-acre former Smith property, which was added to the Mt. Melville Area of the preserve at your November 8 , 1989 meeting (see report R- 89-155 dated November 1 , 1989) . Final adoption occurred at your January 24 , 1990 meeting (see report R-90-06 dated January 17, 1990) . Site Description and Use: The 1 , 548-acre Russian Ridge Open Space Preserve is comprised of two separate areas . The largest area of the preserve (1 , 455 acres) is a prominent grassy ridge that is visible from most of the midpeninsula region. This part of the preserve is situated at the northwest corner of the Skyline Boulevard (Highway 35) and the Alpine Road/Page Mill Road intersection. It fronts on Skyline Boulevard for a distance of approximately 1.7 miles , and has one mile of Alpine Road frontage. The second area is 93 acres and is located north of the larger part of the preserve. The Mt. Melville Area of the Russian Ridge open Space Preserve wraps around the 2 ,190 foot summit of Mt. Melville. Private properties separate the two areas. Use of the preserve has increased significantly since the development of a parking area located at the southeastern corner of the preserve. The parking area is part of the grant-funded Skyline Ridge Open Space Preserve development project. The project also included a pedestrian tunnel beneath Alpine Road that links Russian Ridge and Skyline Ridge Open Space Preserves . Although several other parking areas are located on Skyline Ridge Open Space Preserve, the parking area at Russian Ridge has proven to be the most popular. Visibility from Alpine Road, easy access to Alpine Pond, and the attractive views from the ridge, all help draw people to this parking area. Originally designed to accommodate 25 vehicles , the parking area was frequently filled to capacity immediately upon its opening to public use. Signs and traffic control measures were temporarily instituted by the field staff to redirect visitors to the other parking areas at Skyline Ridge. This helped to alleviate the problem, but additional parking was needed. The parking area fencing was recently reconfigured to allow more room within the parking area for additional automobiles . The parking area is now capable of holding approximately 35 vehicles . The preserve receives a mixture of use from hikers , mountain bicyclists, and equestrians . Equestrian use has been low due to limited access, but is expected to increase now that the nearby equestrian parking area has been opened. Bicyclists and hikers are creating a maze of unplanned trails in the southeastern corner of the preserve. The problem has been compounded due to the increased level of use the preserve now receives . The trails are on very steep slopes and at grades that make them prone to erosion. R-91-60 Page 3 Planning Considerations : The preserve is located in unincorporated San Mateo County and is zoned resource management. Skyline Boulevard is designated a state scenic highway, and Alpine Road is a county scenic road. Recreational development is regulated within the scenic corridors. The Skyline Boulevard Scenic Corridor extends to the ridge and includes additional areas visible from Skyline Boulevard. San Mateo County will require permits for any projects requiring a significant amount of grading and resulting in a potential visual impact within the scenic corridors . CEQA issues are discussed later in this report. Use and Management Plan: The attached chart summarizes the existing Comprehensive Use and Management Plan (see Exhibit A) . It also incorporates new and revised recommendations , which are addressed below. The chart indicates the status and anticipated completion of each project, as well as current and projected funding information. A. Access and Circulation The primary access point to the preserve is adjacent to the Alpine Road and Skyline Boulevard intersection. Additional access is available opposite the 12-vehicle CalTrans Vista Point pullout located one mile north of the intersection. A small roadside pullout along Alpine Road, accommodating four vehicles , provides limited access to the southern portion of the preserve. The District has been fortunate in receiving state and federal grant funds for development of trails on the Russian Ridge Preserve. Three grants totalling $45,987 (with District obligations of an additional $23, 987) have been awarded by the State Department of Parks and Recreation. A $10, 000 1988 Park Bond Act grant was awarded to the District for the improvement of an existing ridge top trail parallelling Skyline Boulevard. The realigned trail is proposed to become an integral portion of the Bay Area Ridge Trail. The project is located directly south of the Cal Trans Vista Point, where the trail is excessively steep and is eroding badly. Preliminary plans have been prepared by a landscape architect to re-route the steepest section of the trail by wrapping around the hill to the south, eventually connecting into the existing ridge trail at a saddle north of Borel Hill. The trail will be built at a minimum six- foot width to meet Ridge Trail standards , and the existing eroded alignment will be restored and planted with native vegetation. The proposed realignment of the ridge top trail will replace a section of road that is currently used for patrol . The patrol road extends from the Cal Trans Vista Point to Alpine R-91-60 Page 4 Road, opposite the entrance to the Bach lease area at Skyline Ridge. The patrol road enables rangers to frequently patrol the area, and has proven important in providing emergency vehicle access to an area where a roadside fire occurred last year above Alpine Road. While staff foresees the need to maintain this route for regular patrol by vehicle, there is concern that the new alignment will have a significant visual impact on the preserve if constructed to an eight foot width to meet vehicle standards. For this reason, staff is evaluating both an eight foot and six foot trail width. A geotechnical study is being completed to determine the appropriate width and provide information required by the county to obtain a permit. A second 1988 Park Bond Act grant was awarded in the amount of $12, 000. This grant funds the construction of the Canyon Oak Nature Trail . The trail will create a loop by linking the Mindego Trail with the Ridge Trail, slightly south of Borel Hill . The final grant-funded project is a trail construction project which will create a loop in the northern area of the preserve. Funding for this project is available from the Land and Water Conservation Fund in the amount of $23 , 987 , and requires a match of the same amount from the District. The new trail will connect the Alder Springs Trail with the Ridge Trail. Also, a spur trail connecting the Ridge Trail with Skyline Boulevard will be constructed. Plans and specifications for the three projects have been submitted to the state for review and approval prior to obtaining permits from the county and beginning construction. A short section of proposed Ridge Trail which connects the new parking area with the ridge was constructed in November 1989. Additional trail work on the preserve has involved repairs to the Mindego Trail and reopening the trail paralleling Alpine Road to patrol use. New and Revised Use and Management Recommendations 1 . The trail along the ridge that extends from the parking area in the southeast corner to the northern boundary of the preserve will be designated as a section of the Bay Area Ridge Trail . 2. The trail segment located south of the CalTrans vista point pullout will be re-routed to a lesser grade to eliminate erosion and increase the opportunities for visitors with varying hiking abilities . R-91-60 Page 5 3. A trail will be constructed to connect the north end of the Ridge Trail to Skyline Boulevard, in addition to the Alder Springs Trail and Ridge Trail connection which was approved in 1987 . 4 . Cal Trans staff will ask for a permit to install highway signs at the intersection of Alpine Road and Skyline Boulevard. The signs will direct visitors to the main parking area at Skyline Ridge Open Space Preserve. B. Signs A new preserve entrance sign was installed near the Alpine Road parking area. The sign is visible from the intersection of Alpine Road and Skyline Boulevard. In addition, trail directional signs have been installed on the existing trails . A trailhead sign, which includes a site map and regulations , was installed at the Alpine Road parking area in September, 1990 . Trail information orients visitors toward Skyline Ridge Open Space Preserve. A new sign is proposed, which will address Russian Ridge Open Space Preserve trails as well. New and Revised Use and Management Recommendations 1 . The Ridge Trail will be signed with plaques provided by the Bay Area Ridge Trail Council . 2 . A new map sign will be installed at the Alpine Road trailhead. The format will be similar to the Skyline Ridge Open Space Preserve sign, showing a greater degree of detail in topography, distances, trail designations and special features . 3. Signs will be installed on the new trails proposed in this report when the trails are completed. C. Brochure At the present time, an 8 1/2" x 11" map of the preserve from the District office is available. New and Revised Use and Management Recommendations 1 . A brochure with map will be developed upon completion of the trail construction projects outlined in this report. R-91-60 Page 6 2. Until the brochure is prepared, a reduced version of the detailed map prepared for the trailhead sign will replace the existing 8 1/2" x 11" map. D. Structures and Improvements Removal of the structures and vehicles on the former Stanford property has been completed. The overhead utility lines used to service the house now need to be removed. In addition, an old barn was removed from the former Peters property near the northern boundary of the preserve. Old dilapidated fence lines, which presented hazards to hikers and equestrians, have been removed Some posts have been left as perches for raptors . The house and barn on the former Smith property is managed as an enterprise program rental . Staff has pursued the possibility of finding a long term lessee for the- residence with no success to date. A neighbor has complained about the visibility of this structure from the surrounding areas. Staff has responded, indicating that lease conditions will provide for landscaping by the tenants . New and Revised Use and Management Recommendations 1. Staff will contact the utility company to remove the overhead utility lines located at the former Stanford property. 2. Staff will install equestrian stiles where appropriate to improve equestrian access to the preserve. 3. Staff will continue to seek a long term lease arrangement for the former Smith house. Conditions for screening the house with native vegetation from view of the adjacent preserve areas and adjacent neighbors will be included in the lease. 4 . The restroom initially proposed to be located adjacent to Alpine Pond will be constructed adjacent to the Alpine Road parking area. E. Natural Resources and Agriculture Management There are currently three key issues related to resource management of the preserve. They include; 1) cattle grazing, 2) horse grazing, and 3) fire suppression. The following recommendations are considered to be short-term solutions to these issues. Long-term recommendations for grazing and fire suppression are contingent on your consideration of District-wide Resource Management Policies and, more specifically, the Russian Ridge Resource Management Plan. The policies and plan are currently in a R 91-60 Page 7 draft stage and are being reviewed by staff. They are to be presented to you at a Board Study Session scheduled in July. At that time, specific recommendations for grazing and fire suppression will be examined in context with establishing general resource management goals for all District preserves. The Russian Ridge Open Space Preserve is being used as a model for the development of resource management plans for other preserves. The draft plan that will be presented at the July workshop consists of two parts; existing conditions and management guidelines. The existing conditions section is a comprehensive inventory of the preserve' s resources . The inventory has taken over a year to complete as it has required research to be conducted seasonally. It has also required a number of consultants with expertise in fields of botany, wildlife biology, archaeology and geology. A portion of these findings will be presented to you with this Use and Management Plan. These findings are the basis for the short-term recommendations contained in this report. Cattle Grazing In 1987 , staff was directed to establish a demonstration 1 grazing unit (Unit 5) in the northeastern corner of the preserve. Staff attempted to locate a suitable tenant for the demonstration cattle grazing program, with no success . While meetings occurred with two perspective tenants , no lease agreement was reached. Since then, staff began collecting information for the resource management plan for the preserve, and as a result has come to the conclusion that Unit 5 is not appropriate for grazing. The reasons are as follows: 1 . The northeastern corner of the preserve is not suitable due to shallow soils, relatively low forage value, and the impact grazing will have on the native bunch grasses that are re-establishing. In order to maintain the vitality of the range, promote the return of native grasses , and prevent erosion, a tenant would be very restricted in the number of cattle and periods of grazing allowed. 2. The development of water resources will not be feasible. Dispersion of the grazing animals is important to ensure the rangeland is evenly grazed. Water is the key element in preventing grazing from concentrating in any one area. Existing water resources consist of springs located in steep ravines . These springs are valuable resources for wildlife and, therefore, must be fenced out of the grazing area. R-91-60 Page 8 Alternative water resources must be developed either by trucking water in or installing pipelines across the ridge. 3 . Liability could become an issue as it did when grazing occurred at Windy Hill Open Space Preserve. Fence lines along major public highways such as Skyline Boulevard must be diligently maintained by a tenant. Cattle encroaching on the highway right of way create an extremely hazardous condition for motorists . Although the tenant must be adequately insured, the District is still exposed to liability. When Windy Hill was grazed, rangers often responded to problems associated with cattle trespassing on the highway and adjacent private lands. 4 . The northeastern portion of the preserve is unsuitable for grazing from a recreational standpoint. The Ridge Trail, which will become a very popular trail, travels through the center of the area originally identified as the demonstration grazing area. New connector trails previously mentioned will also crisscross the proposed grazing area. Restrictions on Land and Water Conservation Fund grant projects prohibit receiving agencies from generating revenue within the grant project area. This restriction is designed to protect funded projects by guaranteeing that they occur in parkland settings. This restriction was unknown to staff at the time the grant application was made, but now eliminates grazing from the project area. The project area for the grant includes Unit 5. Another grazing issue centers around illegal grazing of the Mindego Ridge area of the preserve. Over the past few years , the adjacent property owner has allowed his cattle to trespass on the ridge. When the District purchased this portion of the preserve, grazing activity had destroyed the rangeland, leaving virtually no vegetative cover for erosion control . Staff had a number of confrontations with the owner of the trespassing cattle, including issuing written warnings and citations. For the most part, the problem has been remedied and the rangeland is recovering. In February of this year, the same adjacent cattle owner approached District staff regarding a short-term grazing lease on the Mindego Ridge portion of the preserve. He needed to find additional grazing land due to the drought and lack of grass on his property. Staff hired the consultant who had prepared the original grazing plan to analyze the site and determine the carrying capacity of the Mindego Ridge grassland area. The consultant established a suitable herd size and time period for grazing based on the size of the grassland area and condition of the resource. R-91-60 Page 9 He identified springs on the property that required fencing to protect wildlife habitat. Recent rains have lessened the adjacent neighbor ' s desire and need to allow his cattle to graze on District land. A determination to permanently reintroduce grazing in this area should be deferred to the adoption of the resource management plan. Negotiations could continue with the neighbor to set up a month-to-month lease for grazing on the Mindego Ridge portion of the preserve, as long as the conditions for resource protection recommended by the grazing consultant are strictly adhered to. Horse Grazing An adjacent neighbor has been grazing one or two horses on the northern portion of the preserve. This is a relatively inaccessible corner of the preserve and recreational trails are not proposed in this area. The property was once used for cattle grazing and there are remnants of cattle trails on the steep slopes. The adjacent neighbor has grazed horses here for over thirty years and wishes to continue the arrangement. The grassland is in excellent condition. There is some concern over protecting the creekbeds from trampling. The horses are removed from the property at night and fed hay resulting in little pressure on the grassland. The area is sufficiently large enough to support this practice. Staff recently met with the neighbor to discuss a potential formal lease arrangement. The neighbor would like to continue grazing a maximum of two horses on the property, with provisions of removing them each evening and providing them with supplemental feed. A determination to permanently graze horses in this area should be deferred to the adoption of the resource management plan. Negotiations could continue with the neighbor to set up a month-to-month lease for grazing as long as the conditions for resource protection are strictly adhered to. Some fencing may be required to protect the creekbeds. Fire Suppression A 96-acre wildfire swept through the grassy central portion of the preserve in August, 1990 . A fire crew of 150 firefighters, which included five District staff , worked to extinguish the fire. A later assessment of the fire supported the importance of the preserve ' s patrol road system. These roads serve both as fire breaks and emergency access for fighting fire. Although the fire jumped the Alder Springs Trail, the outline of the burned area indicated that the patrol road was instrumental in helping to keep the fire from spreading. R-91-60 Page 10 Reduction of the wildfire hazard on the preserve is of primary concern. A number of methods may be used to reduce the potential hazard. While grazing reduces the amount of grass available to fuel a fire, other considerations make grazing less desirable. Discing fuel breaks has been an effective means of reducing the wildfire potential from roadside sources. Staff has evaluated the preserve ' s discing plan and has modified it to include mowing along the Ridge Trail and additional disc lines . New and Revised Use and Management Recommendations 1 . At the request of the adjacent property owner, a short term month-to-month lease agreement may be negotiated to implement grazing on Mindego Ridge. This lease would be based on recent information provided to the District by a range management specialist and District staff ' s determination that the lease would not have any long term adverse impacts on the area. it 2. A short term month-to-month lease agreement will be negotiated with the adjacent horse owner to continue horse grazing in the northwest portion of the preserve. 3. A new discing plan will be employed in the spring. An additional disc line will be constructed along the northern boundary of the preserve (uphill from the Alder Spring area) . Also, an area will be mowed along the border of the Ridge Trail . 4. The old roadbed extending south from the CalTrans vista point will be restored to a natural state. The road will be regraded and seeded with compatible native vegetation. 5. The steep and eroded unplanned trails in the southeastern portion of the preserve will be closed to traffic and restored. Trail use will be redirected to designated trails. F. Special Activities Radio controlled gliders have been popular on Windy Hill Open Space Preserve for the last several years. Originally, glider pilots were required to obtain a permit from the South Bay Soaring Society in order to fly their planes at Windy Hill . The club was responsible for educating the pilots on the regulations of the site and carried the necessary insurance policy for the pilots . The South Bay Soaring Society is no longer in operation, and for the last year the District has been issuing permits to interested parties on a limited basis (no more than 10 permits at one time) . Windy Hill has become increasingly popular for a II R-91-60 Page 11 variety of other uses so the number of permits issued has been kept low to reduce the potential for conflicts . Recently, glider pilots have approached District staff requesting an increase in the number of permits issued for Windy Hill. Staff asked them to explore the potential for instituting a glider program at Russian Ridge Open Space Preserve. Numerous test flights were made under a number of conditions . Results from the two separate pilots were mixed, but the Borel Hill area of the preserve seems to be ideal for gliding. Unfortunately, the area is also prime habitat for a number of raptors. It is uncertain at this time what impact the glider use will have on the raptor population. For this reason, a recommendation for introducing glider planes to Russian Ridge is being deferred. Instead, the number of permits for gliders will be increased at Windy Hill. The situation will be monitored to ensure conflicts do not arise between gliders and other uses. New or Revised Use and Management Recommendations 1 . If use conflicts develop between the radio controlled gliders and other preserve users at Windy Hill , the Russian Ridge Open Space Preserve location may be considered as an additional soaring location or a replacement for the program at Windy Hill . Implementation would be contingent upon a determination that the raptor population will not be adversely impacted. G. Visitor Safety and Public Liability The preserve has been inspected for potential hazards and uses that may present a threat to public safety. New and Revised Use and Management Recommendations 1 . In an attempt to assist the emergency medical response to accident victims in the area, a helicopter landing area will be maintained near the junction of the Mindego and Ridge trails. The section of Mindego Trail from the entrance off Skyline Boulevard to the helicopter pad location will be surfaced with baserock to provide year-round access to the landing area. G. Dedication Status Of the 1 , 548 acres in the Russian Ridge Open Space Preserve, 1 , 354 acres are dedicated as public open space. The 145 acre former Stanford parcel is intended for dedication. The former Smith property was withheld from dedication to allow R-91-60 Page 12 flexibility in a possible lease, sale or trade of a portion of the property in regard to the residence on the property. New and Revised Use and Management Recommendations 1. Dedicate the 145-acre former Stanford parcel in December, when the annual Dedication Status Report is presented to you. No change in the former Smith parcel is recommended. H. CEQA Compliance An Initial Study has been. prepared under provisions of the California Environmental Quality Act (CEQA) . The proposed project is within the Skyline Scenic Corridor and requires either a Negative Declaration or an Environmental Impact Report. A Negative Declaration is proposed for this project and a Mitigation Monitoring Program has been prepared for your approval . In addition, under a new regulation imposed by the California Department of Fish and Game, a Certificate of Fee Exemption must be submitted to waive the $1 , 250 fee that is normally required when filing a Negative Declaration on projects having potential impacts on wildlife. The fee is waived on projects such as those contained in this plan when they are determined not to have a significant impact on wildlife. r � p ate" c �`. � a��� �•���`' s >& a +' {! ,Y - • • ,� 4• , T'� ��SsPYx .:^°6� ""°""�ot� f1K, 1 AIR" � 11� \����� "7 •� I • • / }`� • • ice.,. ,F �` '� s 1 � , EXHIBIT B-RUSSIAN RIDGE OPEN SPACE PRESERVE - USE AND MANAGEMENT PLAN SUMMARY 5/2/91 Project Budgeted Proposed Proposed Description Comments on Plans or Project FY 91-92 FY 92-93 Completion Planning Tasks I Use and management review Last reviewed 1987 05/91 2 Investigate trail easement Easements under negotiation Pending 3 Plan and layout trails Plans submitted to state; geotechnical 07/91 study underway 4 Design sign program Map board sign being redesigned;trail 91-92 signs in place 5 Plan for resource management Near completion; study session planned 91-92 6 Monitor demolition projects Stanford structures&bam removed Complete ..................................... ........ ............................................... .......... Pending ..................................... ....... .............. ............... r:M"d...*A" ........... � 6 . in,�e J ........... ....... ............. ......... ...... . ......... ....... .90..... ........... .............................. 13 4 91-92 .......... ....... ........ .............................. ......... ............................ .....1.�......... .......... ................................I.,............................................... .. . ........................................... ...................... ... ............... ........ .......... ............................ ......... ...... ......... ... ......... ............ ....... ........ .......... ....in d, t,6' h''b*,M- b,6-U''h'd,A**r,* "'�,' 91-92 ........ ...P.g.............................................. ......... y .................. ....... .......... .......... .................. .... ......... .............. '***...... hu........ 94-95 .............. ...... ...... ................ ........ ...... ......... ... . .. ............ ......... ...........6 f 8m i t,h, t,A,6 W 6, b Pending .......... ............. ........................ ....... ............... ............... ........ ............ :1z:,*:I'h,V'4­t'tk" ad.... ...... ....... ... ...... 91-92 qatt::86. .09:Ab t*tu.dy,Vtx0............. . .....":,: ...... ---------------- -------------- 0 0 Capital Improvements * 1 Construct parking area Construction included with Skyline Ridge Complete * 2 Construct trails Alpine Road to ridge complete Complete * 3 Construct trails Alder Springs to ridge trail (LWCF) 94-95 * 4 Construct trails Nature trail to Mindego (Prop 70) 95-96 * 5 Install signs Entrance sign installed 91-92 * 6 Install signs Interior trail directional signs Complete 7 Construct grazing improvements Unit 5 was pending gra;dng lease 1000 Pending 8 Install fence and stiles Alpine Road entrance (Stanford) Complete 9 Install gates Opposite Bach driveway and Norton Complete ........... -93 -10.:. trudt.tl ...... 10�6�*i!QPi6 10000 92 .1 :8 94-95 ............... ........ ........ ....... ......... . ..... ..g..n. ........................... ......... .. ..................... . ...........p...o...... . .g. ................................. ...... 700 91 -92 ... . . . . .... 91-92 I . Ko:.... .qt. .. 300 91-92 ......nil.... .... . ... .apprqpa . ....... ---------------- -------------- Subtotal 2000 10000 Project Budgeted Proposed Proposed Description Comments on Plans or Project FY 91-92 FY 92-93 Completion Special Maintenance and Projects 1 Site restoration Star thistle experimental control 500 500 Ongoing 2 Site clean-up Fences and vehicles removed Complete 3 Demoliton of structures Stanford buildings, barn and vehicles Complete 4 Regrade patrol road Opposite Bach driveway to ridge Complete ................................................................................................................ ....:.Aspt all:suifacr ::::::::::::::::::::::::::::::::::...::::::::::.....riVevVajr#o: {ii......oaci:parlar►g:area;:::;:::::;:::::::::::::;::::::: 500 91-92 ................................................................................................................ :...:.:;s....:;:.:.:. s.ic. ...c...e..s..: .:.:.:.ned:flailsaid:iidge:ioac:::::::.............. .............l.... lar ...:..:.:.:.:.:.:..:.:.:. : 1000 92-93 .....:iJri ::: .......... .... a : 500 92-93 .Y............ ............. » eui 91-920.0 ... ......... ...... . ....... ....... ---------------- .............. Subtotal 1000 2000 Annual Maintenance and Projects 1 Road and trail maintenance 800 1000 Ongoing 2 Sign maintenance 100 200 Ongoing 3 Fence and gate maintenance 200 200 Ongoing 4Discrtg..uei.bra.s........................... . ... .. :::::::::::::::::::: :::: ::: ::::: ;:b ::: :: : : :: 300 300 Ongoing ............. Subtotal 1400 1700 TOTAL 4400 13700 (*) Outside (grant)funding is likely Anticipated New and Revised Recommendations Exhibit C INITIAL STUDY Part I A. Name, location, and brief description of project: Russian Ridge Open Space Preserve Use and Management Plan The Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve includes recommendations for development of a brochure, removal of utility lines, installation of signs and equestrian stiles, replacement of a restroom, continuation of grazing, additional discing, realignment of a Ridge Trail segment, trail restoration, and construction of a new spur trail from the Ridge Trail to Skyline Boulevard. This Initial Study focuses on the trail projects within the Skyline scenic corridor. 1. Trail Realignment The road along the top of Russian Ridge currently used as a portion of the Bay Area Ridge Trail and ranger patrol route has a steep, stony, erosion-prone section. This section is located directly south of the CalTrans Vista Point Parking Area preserve entrance on Skyline Boulevard. The proposed realignment would avoid the steep section by following a gentler gradient around the hill to the southwest, joining the existing trail at a saddle north of 2, 5721 Borel Hill. The new trail would be .4 miles long, 6 feet wide rather than road width, and would no longer be used for vehicular patrol. The steep, eroded section would be restored to a natural condition by scarifying and reseeding with native grassland species. 2 . Spur Trail The Ridge Trail now dead ends on private property at the northern boundary of the preserve. The proposed spur trail will connect the Ridge Trail with Skyline Boulevard, descending a gentle swale and intersecting Skyline Boulevard just south of a pullout next to Crazy Pete's Road. The trail will be 6 feet wide and .4 miles long. B. Description of the environmental setting: Russian Ridge is a prominent, grassy ridge visible from most of the midpeninsula, fronting on Skyline Boulevard for a distance of approximately 1.7 miles. The Bay Area Ridge Trail follows an existing road atop the ridge through the 1,548-acre preserve. The ridge top is vegetated with annual grassland, interspersed with outcrops of Vaqueros sandstone. C. The project is compatible with existing zoning and general plans. D. For identification of environmental effects, see attached checklist. (PART II) E. For a discussion of any potential significant effects and ways to mitigate them, if any, see attached sheets. F. Recommended Action: _X_ Negative Declaration Environmental Impact Report G. Persons who prepai-a this Initial Study: 44'c-c Date: H. Name and address of proponent: Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C-135 Mountain View, California 94040 (415) 949-5500 Exhibit C (cont'd. ) Page two PART II Identification of Environmental Impacts : (Explanation of "yes" and "maybe" answers are included on attached sheets) 1. Geology. Will the project: YES MAYBE NO a. result in an increase in wind or water X erosion of soils, either on or off site? b. be located on or adjacent to a known earthquake fault? X c. disrupt the soil causing substantial erosion, siltation or land sliding. X d. cause destruction or modification of any unique geologic feature? X 2 . Water. Will the project: a. be located in a known flood plain? X b. involve alteration(s) of a stream- course or body of surface water: X c. change the quantity of ground waters either through direct additions or withdrawals, or through interception of an acquifer by cuts or excavations? X d. change absorption rates, drainage patterns, or the rate and amount of surface water runoff? X e. involve discharge into, or alteration of, any surface water resulting in reduced water quality, including but not limited to, increased turbidity X or dissolved oxygen? 3 . Air. Will the project result in: a. substantially increased air emissions or deterioration of ambient air quality? X b. the creation of objectionable odors? X C. alteration of air movement, moisture or temperature, or any change in local or X regional climate? d. the creation of dust, smoke or fumes or the application of potentially hazardous materials such as herbicides X or pesticides? Exhibit C (cont 'd. ) Page three YES MAYBE NO 4 . Plant and Animal Life. Will the project: a. result in the removal or disturbance of any rare or endangered plant or X animal? b. reduce the acreage of any agricul- tural crop? X C. result in the removal of substantial amounts of vegetation? X d. alter the ecological balance of an environment unit, either on or off site? e. significantly affect a breeding, feeding, or nesting area? X f . change the diversity or numbers of any species of plant or animal? X 5 . Natural Resources . Will the project: a. involve the removal or depletion of on-site rock, sand, aravel, trees, oil or minerals? X 6 . Permit Application. Will the project: a. require the approval of any federal, state, regional or local agency or district? If yes, list below: X The project will require a grading permit from San Mateo County. 7 . Noise. Will the project: a. increase ambient noise levels, either on or off site? X 8 . Circulation/Traffic . Will the project: a. generate substantial additional traffic X in the area? b. generate the use of off-road vehicles of any kind excepting ranger patrol X vehicles? C. require alterations to present circu- lation patterns? Exhibit C (cont 'd. Page four YES MAYBE NO d. have substantial impact on existing road systems? X e. effect existing parking facilities or create a demand for new parking facilities? X f. increase traffic hazards for motor vehicles? bicyclists? pedestrians? X 9 . Public Services . Will the project? a. substantially affect a public water supply or sewage disposal system? X b. result in a need for increased fire or police protection? X C. cause groundwater pollution as a result of new septic systems? X d. require the expansion or extension of any public utility? X e. require any public service currently operating at or near capacity? X 10. Energy. Will the project: a. cause the use of substantial amounts of fuel or energy? X 11 . Land Use. Will the project: a. result in substantial land use changes that would adversley effect the popu- lation either on or off site? X b. serve to encourage development of presently undeveloped areas, or increase development intensity of already developed areas? X c. vary from adopted community or county policy? X d. involve lands currently protected under the Williamson Act or an open space easement? X 12 . Sociocultural . Will the project: a. result in an alteration of an historic, archeological or paleontological site, structure, object? X Exhibit C (cont'd. Page five YES MAYBE NO b. require the relocation of people or X businesses currently on site. c . obstruct scenic views or create an esthetically offensive site? X Potential Significant Effects* and Mitigation Measures See Exhibit C Page six *Mandatory Findings of Significance all listed in Section 15802 and Appendix G of the State Guidelines . Exhibit C (Cont1d) Page six POTENTIAL SIGNIFICANT EFFECTS* AND MITIGATION MEASURES la. Any grading exposes soil, increasing the potential for wind and water erosion. The amount of grading will be kept to a minimum and will be related only to the trails under construction. The rerouted trail section will be long and gradually sloped, rather than steep and with switchbacks. It will replace an existing section of trail that has severe erosion problems, which will be restored to a natural condition. 1b. The project is located between the Skyline Fault and the Devil's Canyon Fault, 1c. See answer to la. Trails will be routed to avoid areas of known landslides. To minimize erosion, the maximum trail gradient will be 10%, with most of the trail kept to less than 10%. The cut banks will be reseeded as soon as possible with native herbs and grasses or with non-persistent naturalized grasses. 2d. Trail grading could alter existing drainage patterns. Trails will be routed to utilize existing drainage ways as much as possible. Trails will be sloped outward where possible so that drainage will be more dispersed. Trailside drainage structures will be designed to be stable without protection. Hay bales or silt fences will be placed in drainages as necessary to minimize erosion and siltation problems. 4e. Raptors frequent the bowl northwest of the realignment area and occasionally use the rock outcrops as perching sites. The outcrops provide cover and perching or resting sites for a number of smaller animals as well, including lizards, snakes, ground squirrels, and birds such as meadowlarks. The trail will be routed to avoid disturbance of rock outcrops. 6a. The project will require a grading permit from San Mateo County. 8c. The project will change present circulation patterns by rerouting the Ridge Trail slightly to the west in the vicinity of the Vista Point entrance. Reducing the trail width will prevent rangers from patrolling the ridge in vehicles between the Mindego Trail and Alpine Road. However, parallel patrol routes exist on the Mindego Trail and on Skyline Boulevard. The proposed spur trail will permit hikers, bicyclists and equestrians to directly access the northern end of the Ridge Trail from Skyline Boulevard. 12c. The project is located within the Skyline Scenic Corridor and will be visible from Skyline Boulevard. Visibility of the trail will be minimized by limiting its width to 6 feet, seeding the cut banks, and reducing the number of switchbacks. *Mandatory Findings of significance all listed in Section 15802 and Appendix G of the State Guidelines. Exhibit C ) Page e seven g On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment , and a NEGATIVE DECLARATIONI will be prepared . I find that although the proposed project could have a significant effect on the environment , there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project . A NEGATIVE DECLARATION WILL BE PREPARED . I find the proposed project MAY have a significant effect on the environment , and an ENVIRONMENTAL IMPACT REPORT is required . Date Environmental Analyst Land Man"Ager Exhibit D - Negative Declaration MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NEGATIVE DECLARATION Title of Project Russian Ridge Open Space Preserve Use and Management Plan Description of Project The project involves trail construction, including realignment of a trail section, restoration of eroded trail, and construction of a spur trail to Skyline Boulevard. Other projects include development of a brochure, removal of utility lines, installation of signs and equestrian stiles, continuation of grazing, and additional discing for fire protection. The undersigned member of the Midpeninsula Regional Open space District finds that the above project has no significant impact on the environment. Date ;R tQ 9jStaff Member Reasons for Finding The project will not have a significant effect on the environment. The trails are to be built on a less than 10% grade through open grassland, avoiding landslide areas and rock outcrops which shelter wildlife. Visual impacts will be mitigated by limiting the trail widths to 6 feet and seeding the cut banks. One of the trails replaces a steep, eroded trail which will then be restored to a natural condition. Preparation of Study or Environmental Assessment by A copy of the Initial Study is available at the offices of the Midpeninsula Regional Open Space District, 201 San Antonio Circle C-135, Mountain View, California. A copy of this Negative Declaration shall be posted at the District office on the following dates: Date May 8-June 8 , 1991 District Clerk Exhibit E - Mitigation Measure Monitoring Checklist MITIGATION MEASURE MONITORING CHECKLIST Midpeninsula Regional Open Space District Project: Russian Ridge Open Space Preserve Use and Management Plan Brief Description of Project: This mitigation measure monitoring checklist focuses on the construction of two trails proposed as part of the Russian Ridge Open Space Preserve Use and Management Plan. 1 . Ridge Trail Realignment A steep, erosion-prone section of the Ridge Trail will be replaced by a longer, more gradual trail. The eroded section lies above the intersection of the Ridge Trail and Mindego Trail near the Vista Point entrance on Skyline Boulevard. The proposed realignment would avoid the steep section by following a more gentle gradient around the hill to the southwest, joining the existing trail at a saddle north of 2572' Borel Hill. The new trail would be .4 miles long, 6 feet wide rather than road width and would no longer be used for vehicular patrol. The steep, eroded section would be restored to a natural condition by scarifying and reseeding with native grassland species. 2. Spur Trail A spur trail .4 miles long and 6 feet wide will be constructed to connect the northern terminus of the Ridge Trail in Russian Ridge Open Space Preserve with Skyline Boulevard. The trail will descend a gentle swale, intersecting Skyline Boulevard south of the pullout near Crazy Pete's Road. Project Location: Both trails are located in open grassland in 1,548-acre Russian Ridge Open Space Preserve. The trail to be realigned lies directly south of the CalTrans Vista Point Parking Area preserve entrance on Skyline Boulevard. The spur trail will be constructed between the Ridge Trail and Skyline Boulevard near the northern boundary of the preserve. Mitigation Measures, Methods for Implementation, Schedule and Responsibilities: 1 . Trail Construction Trails to be constructed to minimize disturbance to natural settings. a. Keep trails to 6-foot width. b. Keep trail gradient less than 10%. c. Seed cut banks upon completion of project. d. Avoid areas of known landsliding. e. Avoid disturbance of rock outcrops. Mitigation Measure Monitoring Checklist (cont'd) 2. Trail Restoration a. Scarify and reseed eroded section with native grassland species. b. Construct temporary water bars where necessary to correct drainage problems. Date: Environmental Analyst: Land Manager: '�, Exhibit F - Certificate of Fee Exemption California Department of Fish and Game CERTIFICATE OF FEE EXEMPTION (De Minimis Impact Finding) Project Title: Russian Ridge Open Space Preserve Use and Management Plan (Trail Construction) Project Location: The project is located in open grassland in 1,548-acre Russian Ridge Open Space Preserve. The trail to be realigned lies directly south of the Caltrans Vista Point Parking Area preserve entrance on Skyline Boulevard. The proposed spur trail is located near the northern boundary of the preserve, between the Ridge Trail and Skyline Boulevard. Description of Project: This finding focuses on the constuction of two trails proposed as part of the Russian Ridge Open Space Preserve Use and Management Plan. 1 . Ridge Trail Realignment A steep, erosion-prone section of the Ridge Trail will be replaced by a longer, more gradual trail. The eroded section lies above the intersection of the Ridge Trail and Mindego Trail near the Vista Point entrance on Skyline Boulevard. The proposed realignment would avoid the steep section by following a gentler gradient around the hill to the southwest, joining the existing trail at a saddle north of 2,572' Borel Hill. The new trail would be .4 miles long, 6 feet wide rather than road width, and would no longer be used for vehicular patrol. The steep, eroded section would be restored to a natural condition by scarifying and reseeding with native grassland species. 2. Spur Trail A spur trail .4 miles long and 6 feet wide will be constructed to connect the northern terminus of the Ridge Trail in Russian Ridge Open Space Preserve with Skyline Boulevard. The trail will descend a gentle swale, intersecting Skyline Boulevard south of the pullout near Crazy Pete's Road. Findings of Exemption: The Midpeninsula Regional Open Space District has conducted an Initial Study in order to evaluate the potential of the project for adverse effect on wildlife resources. On the basis of this study there is no evidence that the project has any potential for adverse effect on wildlife resources. Both trail sections are located in open grassland. Although some grass will be removed to construct the trails, the banks will be reseeded. The realigned trail will be 4 feet narrower than the Exhibit F - (Cont'd) road it will replace. The route will be carefully chosen to avoid disturbance of the rock outcrops, which are used as perches by various wildlife species. The restoration of the eroded section of road to a natural condition will increase the availablity of natural habitat for wildlife and eliminate the destructive erosion. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in section 711 .2 of the Fish and Game Code. Date: Al 2 / �/ Lead Agency: Midpeninsula Regional Open Space District Environmental Analyst: �'c,e Land Manager:4 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-54 (Meeting 91-12 May 8 , 1991) REPORT April 24 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; S . Marioni Cochran, Associate Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Proposed Addition of Gastronics Incorporated Property to the Mt . Umunhum Area of Sierra Azul Open Space Preserve Recommended Actions; 1. Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve, Lands of Gastronics Incorporated) . 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 3 . Indicate your intention to withhold the property from dedication as public open space at this time. Introduction The proposed 160-acre acquisition is located approximately 2000 feet north of the summit of Mount Loma Prieta. It is one of the R-91-54 Page 2 headwater properties in the Barret Canyon Creek watershed. The property lies adjacent to a portion of the Mt. Umunhum Area of Sierra Azul Open Space Preserve. Acquisition of this property would help protect the scenic and wildlife value of the Barret Canyon Creek watershed. 1 . Property Identification Property owner: Gastronics Incorporated Size: 160 acres 2. Location and Boundaries (see attached map) Regional setting: North of Mt. Loma Prieta, southeast of Mt. Umunhum in unincorporated Santa Clara County Road access : Loma Prieta Road is located approximately 600 feet from the southwest corner of the property. The existing roads from the east and west are overgrown and only accessable on foot or by motorcycle. Boundaries: Bounded by District land to the north and private property on the remaining three sides Nearby public lands : Mt. Umunhum Area of Sierra Azul Open Space Preserve to the west; Almaden Quicksilver County Park approximately three miles to the north. Nearby landmarks : Mt. Loma Prieta located approximately 2000 feet south of the property; Mt. Umunhum located approximately four miles northwest 3 . Topography and Hydrology Prominent topographic features : Barrett Canyon Creek runs north-south through the property Elevation range: 2 , 000 feet near the northern boundary to 3 , 120 feet near the southeast corner Slope steepness : Primarily steep slopes averaging 60% Slope exposure: North, west and east-facing slopes Watershed: The property drains from two tributaries into Barrett Canyon Creek, which flows into Almaden Reservoir. R-91-54 Page 3 4 . Geology and Soils Seismology: The San Andreas Fault zone and the Sargeant Fault are located in Los Gatos Creek Canyon approximately one mile southwest of the property Soil classification: Los Gatos Maymen, considered highly erodible Soil stability: Moderate potential for earthquake-induced landslides 5. Flora and Fauna Plant communities: Chaparral; riparian in drainages with stands of redwood and Douglas fir in canyon bottoms Dominant flora: Manzanita, toyon, ceanothus , chamise, yerba santa, coffeeberry, knobcone pine, Douglas fir, madrone, and scrub oak Common fauna: Blacktailed deer, feral pig, coyote, bobcat, and a variety of reptiles, rodents and birds associated with chapparal plant communities 6 . Visual Qualities Viewshed: Part of the upper hillsides of Barrett Canyon watershed Vistas : Almaden Reservoir and valley to the north, and the Santa Teresa Hills to the northeast 7 . Existing Improvements There are no improvements on the property. 8 . Existing Use Watershed, open space 9. Planning Considerations Political boundaries : Outside District boundaries but within the District ' s sphere of influence; unincorporated Santa Clara County R-91-54 Page 4 Zoning: Hillside (requiring a 20 to 160 acre minimum lot size, depending on slope) Master Plan rating: Not rated; similar areas nearby rated medium to low for suitability as open space Use and Management Plan review: The Use and Management Plan for the Mt. Umunhum Area was reviewed on June 28 , 1989 . The next review will occur in 1993 . Regional plans : The proposed Bay Area Ridge Trail Corridor follows the ridge between Mt . Umunhum and Mt . Loma Prieta. 10. Potential Use and Management Acquisition of this property will help protect the scenic and wildlife value of the Barrett Canyon Creek watershed. 11 . Public Safety Review A safety inspection has not been performed on the site because there is currently no known road access into the property. An inspection will be carried out on foot before the land is open to the public. 12 . Preliminary Use and Management Recommendations Signs : Install private property and preserve boundary signs if deemed necessary Site Emphasis designation: Conservation Management Unit (CMU) 13 . Name The property should be named as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 14. Dedication I recommend that you withhold the property from dedication as public open space at this time. This would allow for a trade of development rights or sale of a portion or all of the property if the District is not successful in acquiring other necessary land in the area. R-91-54 Page 5 15. Terms In accordance with the terms and conditions of the attached Purchase Agreement, the full purchase price for this 160 acre property would be $200 , 000 ($1 , 250/acre) plus a real estate commission of $10, 000 (5%) . A cash payment in the amount of $75, 000 (including the above real estate commission) with the balance of $135, 000 being financed by the owner at 6%, interest only for 5 years . 16. Funding The full explanation of this funding summary is contained in report R-89-103 dated July 3 , 1989. The District' s 1990-1991 fiscal year budget includes $14. 5 million for new open space acquisitions; $10 . 0 million in cash outlay and $4. 5 million in notes . The following is a current summary of cash expenditures for open space acquisition for the 1990-1991 fiscal year: Land Acquisition Funds for this Fiscal Year (Cash) $10 , 000 , 000 Previously Approved Acquisitions (escrows closed) (160, 000) Previously approved acquisitions (escrows not closed) (1 , 092, 000) The Cash Portion of the Gastronics Property Acquisition Recommended for Approval on this Agenda including the real estate commission (Not including the Peninsula Open Space Trust acquisition scheduled later on this agenda) (75, 000) Remaining Cash Balance for Future Acquisitions this Fiscal Year $8 , 673 , 000 I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF GASTRONICS INCORPORATED) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer j contained in that certain Purchase Agreement between Gastronics Incorporated and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. i Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- r cate of Acceptance on behalf of the District. Section Three . The General Manager or the Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title ' insurance, escrow fees, survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District' s General Fund will be reimbursed in the amount of $210 , 000 from the proceeds of the next long term District note issue. i ae HICKS ?44 >: ; �� �' ✓ .9l�xa dew Resefivoir _}/ J:;•..'.rr ' .s:.:ti::?ij.,,�:.. •'?: �?!!'-::..' y.��'+•:.�:.,.�.,' .' .�/ -��-�� TVS 1V✓!1L/ v'�. / AlAlvlI :.Y � 'YIM.�+'• Y!}>,J-:k? v' }id:µ'• „'•w..::':'"!:. �.,....� - .:+..• ir3;.-':�.• ���.'�•>..�, ./:/�':�:. 1 �--'� 111 ��, ,: °' l� �� � . \ _ t• � a 46 7k- CT r CONSERVATION ' f EASEMENT i L•:j— i ,fit �. '�2•������'�:���#, ':�-�; �:,. i ;r i°'����``)�),, �i � fyf 1 r l ':2; 'i.• :�''+:r�, -...,,\� 1.�i ter,':..' ••:? z:. �\ �;� r.,<}: Y � •V 6cr {�•: 4 yy N S 7 } mot. i .may f1 S (( rWNERI/ � SPHERE OF INFLUENCE c J tr ..// w„}.I^ .:}u�,.�::�w'-^' `�y:�• .� `i�sA�•.',�+>..',:: ;5;;,'�,,,£'.f.: � I','' 1 �' ///�'r ---�._•� (/[���.'< 'ice , .4, '• ' '::'':is Jvc -PROPOSED ADDITION lkX4A PRIETA l L eryst�� tek C.M.U. 9 SIERRA AZUL OPEN SPACE PRESERVE �r %J f; ' ' " •'fig ,ron'�ev,y� R ;cc� •\) C'—� �- �- C.M.U. — CONSERVATION MANAGEMENT UNImT -34 35_ \ (CURRENTLY NO PUBLIC ACCESS) PURCHASE AGREEMENT This Agreement is made and entered into by and between Gastronics Incorporated, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District . " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS,, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Joe Beatty Real Estate on March 5, 1991, thereby offering said real property for sale to the general public; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale . Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred sixty (160) acres, more or less, and commonly referred to as Santa Clara County Assessor' s Parcel No. 562-20-006 . Said property being further described in the Legal Description attached to Preliminary Title Report number AL-190048 from Continental Lawyers Title Company, a copy of said preliminary title report attached hereto as Exhibit "A, " and incorporated herein by this reference . Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said i i Purchase Agreement - Gastronics Inc. Page 2 real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Purchase Price . The total purchase price ("Purchase Price") for the Property shall be Two Hundred Thousand and No/100 Dollars ($200, 000 . 00) , payable in the following manner : (a) District shall pay the sum of Sixty Five Thousand and No/100 Dollars ($65, 000 . 00) in cash upon close of escrow as hereinafter provided. i (b) The remaining balance of One Hundred Thirty Five Thousand and No/100 Dollars ($135, 000 . 00) shall be evidenced by a Promissory Note which shall be paid in quarterly interest only payments at the rate of 6% tax free interest . Said payments shall accrue from the closing and shall continue for five years from the date thereof, at which time all remaining accrued interest, if any, and the entire principal balance shall be fully due and payable . Said Note shall be secured by a First Deed of Trust against the Subject Property. The obligation of District to Seller as secured by said Deed of Trust is and shall be junior and subordinate to the "1987 Promissory Notes Midpeninsula Regional Open Space District-Santa Clara and San Mateo Counties" and "Midpeninsula Regional Open Space District Variable Rate Demand Notes 1988 Series A", and "1990 Promissory Notes-Midpeninsula Regional Open Space District-Santa Clara and San Mateo Counties, California" and any and all subsequent Public Note issues of District . 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein an escrow shall be opened at Continental Lawyers Title Company, 4991 Cherry Avenue, Suite A, San Jose CA 95118, phone number (408) 448-2500, or other title company acceptable to District and Seller (hereinafter "Escrow Holder") � p through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require . This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein . Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: I Purchase Agreement - Gastronics Inc. Page 3 (a) The time provided for in the escrow for the close thereof shall be on or before May 31, 1991, provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder cau ses the Grant Deed as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement . (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property . (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. ii District ' s check payable to Escrow Holder in the amount ( } P Y of the cash down payment pursuant to Section 2 herein . (iii) A fully executed Promissory Note together with an executed and acknowledged First Deed of Trust securing said Note as provided in Section 2 herein . (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording provided not otherwise casts and fees . All other costs or expensesp for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. I All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California . (f) Seller shall cause Continental Lawyers Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of ($200, 000 .00) for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, and (ii) such additional title exceptions as may be acceptable to District . In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set I I 777777 x Purchase Agreement - Gastronics Inc. Page 4 forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall, upon District 's direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance and the First Deed of Trust to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder' s check for the amount stipulated in Section 2 herein (less Seller's portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same . 4 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein . Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5 . Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et sect. III Purchase Agreement - Gastronics Inc. Page 5 Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s) . 6 . 1ler's Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 .01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 .02 Val d and Bind;nggreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller . 6 .03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller 's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8 . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCB' s) , benzene, T Purchase Agreement - Gastronics Inc. Page 6 asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal, state or local law. (a) Seller warrants and represents that : (i) During Seller' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous substance on the Property. j i (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller 's ownership and operation of the property. 9 . Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) , and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc . , as provided for by said Federal Law and any corresponding California Government Code Sections . 10 . Miscellaneous Provisions . 10 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of t g his Agreement, the construction of its terms and the v interpretation of the rights and duties of the parties . 10 . 02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other Purchase Agreement - Gastronics Inc. Page 7 party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment . In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 10 .03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect . Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 10 .04 Rights Cumulative . Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10 .05 Notices . All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph, telefax communication or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : Seller : Gastronics Inc. (Kenneth Miller-President) c/o Joe Beatty Real Estate- (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (408) 2 68-40 62 FAX: (408) 927-0225 District : Midpeninsula Regional Open Space District Old Mill Office Center I Purchase Agreement - Gastronics Inc. Page 8 Building C, Suite-135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Fax: (415-949-5679) Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Fax: (415-327-9151) If sent by telegraph, telefax communication or cable, a conformed copy of such telegraphic/telefaxed communication or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee . Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee 's registry or certification receipt or at the expiration of the third Ord) business day after the date of mailing, whichever is earlier in time . Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 10 .06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 10 .07 Counterparts . This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument . 10 . 08 Waiver . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or I Purchase Agreement - Gastronics Inc. Page 9 g g continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 10 .09 Entire Agreement . This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or i understandings relating to the same subject matter. 10 . 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element . 10 . 11 Survival of Covenants . All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 10 . 12 Assignment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 10 . 13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement . 10 . 14 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 10 . 15 Broker' s Commission. In addition to the amount payable under Section 2 hereinabove, District shall pay a real estate agent 's commission in the amount of Ten Thousand and No/100 Dollars ($10, 000 . 00) payable to Joe Beatty Real Estate, c/o Gary Beck, 7172 Anjou Creek Circle, San Jose, CA 95120 . No other such commission is due or payable by District and the parties agree to and do hereby indemnify and hold the other art harmless from and against an and i de Y Y party g all costs, liabilities, losses, damages, claims, causes of action or I Purchase Agreement - Gastronics Inc. Page 10 proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 10 . 16 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. I 10 . 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate . 11 . Acceptance . Provided that this Agreement is signed by Seller and returned to District on or before March 29, 1991 District shall have until midnight Ma 8 1991 t accept and execute this Agreement y , o p and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and seller acknowledges the receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein . Purchase Agreement - Gastronics Inc . Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT 4 'z- '�J� �X-- All I APPROVED AS TO FORM: Gastronics Incorporated by Kenneth Miller, President r Date : '-Z Stanley Nor n, District Counsel AC FOR RECOMMENDATION : � 1 � L. Craig Britton, SR/WA Land Acquisition Manager APPROVED AND ACCEPTED : President, Board of Directors ATTEST : District Clerk Date: it C ""_iAXNTAL LAWYERS TITLE CON TY 'holly Owned Subsidiary c Law. zs Title insurance Corporation 4991 Cherry Avenue, Suite A San Jose, California 95118 TO: Gary Beck (408) 448-2500 7172 Anjou Creek Circle San Jose, CA 95120 408-268-5062 Escrow Officer: Phyllis Quist Title Officer: Aimee R. Littleton Buyer: Mid-Peninsula Regional Open Property APN 562-20-006 Address: Your No. : Dated as of March 21, 1991 at 7:30 A.M. Our No. : AL190048 In response to the above referenced application for a policy of Title Insurance CONTINENTAL LAWYERS TITLE COMPANY, A California Corporation hereby reports that it is prepared to issue, or cause to be issued as of the date hereof, a LAWYERS TITLE INSURANCE CORPORATION Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect lien or encumbrance not shown or referred to as an exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any Supplements or Amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. The form Of Policy of Title Insurance cpntemplated by this report is: 1. California Land Title Association Standard Coverage Policy 1990 (x) 2. American Land Title Association Owners Policy (04-06-90) 3. American Land Title Association Residential Title Insurance Policy ( 6-1-87) 4. American Land Title Association Loan Policy (04-06-90) _V 1.adol Aimee R. Littleton Title Officer E: Vase of SCHEDULE A Order No. : AL190048 The estate or interest in the land hereinafter described or referred to covered by this report is: A fee as to Parcel One; An easement more fully described below as to Parcel Two. Title to said estate or interest at the date hereof is vested in: Gastronics, Inc. , a California corporation j The land referred to herein is situated in the State of California, County of Santa Clara Unincorporated Area and is described as follows: Parcel One: The South 1/2- of the Northeast 1/4 and the North 1/2 of the Southeast 1/4 of Section 27, Township 9 South, Range 1 East, M.B.D. & M. Parcel Two: A non-exclusive easement for ingress and egress and the installation and maintenance of Public Utilities over a strip of land 50.00 feet in width, running between the Loma Ridge Road and the Northeasterly corner of Lot 1, Section 34, Township 9, South, Range 1 East, M.D.B. & M. , as granted in the Deed from Edward J. Dreis to Earle C. Hart, et al, recorded December 5, 1960, in Book 5002, of Official Records, page 394. APN 562-20-06 ARB 562-20-006 4 - 12 f SCHEDULE B Order No. AL190048 At the date hereof Exceptions to Coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as follows: A. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1991 - 1992 which are a lien not yet payable. B. Property Taxes, including any personal property taxes and any assessment collected with taxes, for the fiscal year 1990 - 1991. 1st Installment: $269.93 paid 2nd Installment: $269.93 open Land: $50,016.00 Improvements: None shown H/O Exemption: None shown Code Area: 72007 Assessment No. : 562-20-006 C. The Lien of Supplemental Taxes if any, assessed pursuant to the provisions of Chapter 3. 5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Pacific Telephone and Telegraph Company Purpose : Communication facilities Recorded January 19, 1966, Book 7253, Page 194, of Official Records. Affects The exact location thereof is not determinable of record 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Nancy Haskins Stefan, et al Purpose . Ingress and egress and public utilities Recorded December 20, 1971, Book 9634, Page 78, of Official Records. Affects The southerly 50 feet of the premises 3. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount $54,000.00 Dated November 14, 1978 Trustor Gastronics, Inc. , a California corporation Trustee Lawyers Title Insurance Corporation, a corporation Beneficiary: Beatty Land Investment Company Recorded November 17, 1978, Book F102, Page 593, as Instrument No. 6203456, of Official Records. Loan No. None shown Address 1110 Corvallis Drive San Jose CA 95120 (Contin ued) ued) .:.� Al IT M (continued) An assignment of the beneficial interest under said deed of trust which names As Assignee Park X-Ray Laboratory Profit Sharing Plan Recorded March 2, 1987, Book K056, Page 683, as Instrument No. 9176707, of Official Records. Address 2074 Forest Avenue, #5, San Jose, Ca 95128 4. The effect of: An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: None shown Purpose A non-exclusive easement 60 feet in width for ingress, egress and for the installation and maintenance of utilities Recorded March 16, 1983, Book H406, Page 118, as Instrument No. 7625354, of Official Records. Affects Being th West 1/2 of the Southwest 1/4 of Section 26, Township 9 South, Range 1 East, M.D.B. & M. There is no words conveyance made for the use of the easement. Page of ' SCHEDULE B, CONTINUED Order No. : AL190048 I NOTE NO. 1: There are no conveyances affecting said land, recorded within two (2) years of the date of this report. NOTE NO. 2: The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. NOTE NO. 3: Grant Deeds describing said land will be subject to a $10.00 fee for Survey Monument Preservation Fund at time of recording. NOTE NO. 4: On or after July 1, 1985, the County Recorder' s Office will charge, in addition to the regular recording charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a "Preliminary Change of Ownership Report" . In lieu of said report, signed by the transferee, the recorder will not charge an extra fee, if the document is accompanied by an affidavit signed by the transferee that the transferee is in fact not a resident of California. Our title billing will be adjusted to include such additional fees when applicable. NOTE NO. 5: Pursuant to the Tax Reform Act of 1986, an escrow agent must report to the Internal Revenue Service the gross sales proceeds (sale price) for each real estate transfer handled. Failure to provide a correct Tax I.D. Number (Social Security Number) will delay closing, and may require 20% (of sales price) Federal Income Tax withholding. NOTE NO. 6: Buyer is hereby notified that the provisions of California Revenue and Taxation Code Sections 18805 and 26131 are applicable to certain sales of California real estate by nonresident sellers. For additional information concerning the withholding provisions under the code sections referenced above, please contact the FTB-Withhold at Source Unit, ( 916 ) 369-4900, P.O. Box 651, Sacramento, California 95812-0651. NOTE NO. 7: The Company may make othet requirements or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. D.T. 04/09/91 arl/kd � �B f OFFICE O: COUNTY ASSESSOR — SANTc C,LARA COUN'Y, CAL,=ORNIA r100K pA6E I TNI rr-,�; r,.;... . •�cI tlan:rty 562 20 1' :f" ^.fe 4urp056 as la' ,Ilocac�lo1 21 Is for m TITLE _I+ R.O.S. 535151 T.9 S.,R.1 E. wISO Aa zasA.�) R (80.AC) i(80.A() 2 &c. (I OAC. r•,• 2B `ASa Q 40.SOAC. r ` (I60 AC.) (40AC.) W.B. p 2OAC. nISOL�S r I Gam\ 40 A[ (36.55 a;,) W.B. l�\� 37 613.34 AC. TOTAL sua -Boo, 1 ISZ 38AC.) ° _ 40Ac 16O AC.TOTAL �39.45AC.\\ 121.31AC)("68AC) px�s,ra eo.AC.TML 6 )9 11 Q (eo.AC) �. MIDPENINSULA REGIONAL OPEN y� w.e. SPACE DIST)MC S u raa.,,a 2 (IZ.S2AC.) �0 0 4 a. 3 q I26SKy lltip l 2A14C r'({O.AC) \ii I(BCLK)ra ar •oo.ra Ill soqr.p� _ '� 2 4 47o Ac.TIyrAL If•8 � 9�•� z "Pal kI�=I Y47 �''9Ten ara•aa kr o Z"S.c ee_ rO/ion 451.0. cork t `. mtirrw .,m W L2 �r�a6vtr;I �� E :0:.%&'k'.CN 114o ALRXDUAED E.cAkSON.FOR - f I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-58 (Meeting 91-12 May 8 , 1991) REPORT April 25, 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; S . Marioni-Cochran, Associate Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Final Adoption of the Preliminary Use and Management Plan for the Nicholas Property Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve Recommended Action: 1. Adopt the Preliminary Use and Management Plan for the Nicholas property addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, including the naming, as contained in report R-90-145. 2. Indicate your intention to withhold the property from dedication as public open space at this time. Discussion: At your December 12, 1990 meeting, you approved the acquisition of the 40-acre Nicholas property addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve (see report R-90-145 dated November 27 , 1990) . You also tentatively adopted the Preliminary Use and Management Plan for the addition, including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, and indicated your intention to withhold the land as public open space at this time . In accordance with your adopted Land Acquisition Notification Procedures , final adoption of the Preliminary Use and Management Plan was deferred until after close of escrow to allow further time for public comment. Escrow on the property closed on April 12 , 1991 . Staff has received no further public comment. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-55 (Meeting 91-12 May 8 , 1991) REPORT April 23 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; S . Marioni Cochran, Associate Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Proposed Addition of the Peninsula Open Space Trust Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve Recommended Actions: 1 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve, Lands of Peninsula Open Space Trust) . 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. 3 . Indicate your intention to dedicate the property as public open space. Introduction The Midpeninsula Regional Open Space District has the opportunity to purchase a 23-acre parcel of scenic land located above Lexington Reservoir in Santa Clara County. The property is currently owned by Peninsula Open Space Trust (POST) , a land trust dedicated to open space preservation in Santa Clara and San Mateo Counties . R-91-55 Page 2 POST purchased the property on May 25, 1988 from Yehudi Menuhin, a noted violinist. The property, historically known as Cathedral Oaks , features a majestic oak grove and grassy meadows . The site is part of the former Loughead ranch. In 1916 , Allan and Malcolm Loughead founded the Loughead Aircraft Manufacturing Company, predecessor to the present-day Lockheed Missiles and Space Company. The property lies adjacent to District land and to Lexington Reservoir County Park. An unimproved road enters the property off Alma Bridge Road. The road leads to the site of the former Loughead barn and cabin, and the Menuhin residence . POST recently demolished these structures because of the severe and irreparable damage they incurred during the November, 1989 Loma Prieta earthquake. For the past year the District has managed the property under a joint agreement with POST. 1 . Property Identification Property owner: Peninsula Open Space Trust Size: 23 . 31 acres 2 . Location and Boundaries (see attached map) Regional setting: Directly east of Lexington Reservoir between Soda Springs Canyon and Hendrys Creek; in Santa Clara County Road access : Alma Bridge Road Boundaries : Bounded by a portion of the Cathedral Oaks Area of Sierra Azul Open Space Preserve to the east; Lexington Reservoir County Park to the west; and private property on the remaining sides Nearby public lands : Lexington Reservoir County Park and Sierra Azul Open Space Preserve Nearby landmarks : Lexington Reservoir 3 . Topography and Hydrology Elevation range: 680 feet near the reservoir to 380 feet near the eastern boundary Slope steepness: Near-level to moderately steep slopes Slope exposure: Primarily west-facing R-91-55 Page 3 Watershed: Several small creeks on the property drain directly into Lexington Reservoir . 4 . Geology and Soils Seismology: San Andreas Fault less than 1 , 000 feet southwest Soil classification: Highly erodible Los Gatos-Maymen type 5. Flora and Fauna Plant communities : Open grassland, oak woodland, grassland Dominant flora: Oaks , eucalyptus , rye grass (there are a few fruit trees and other exotics in the former building area) . Common fauna: Deer , coyote, bobcat , feral pig are common in this area 6 . Visual Qualities Viewshed: Forms a portion of the scenic backdrop above Lexington Reservoir and State Highway 17 Vistas : Views of the Lexington Hills above Los Gatos and Lexington Reservoir 7 . Existing Improvements District staff installed signing, fencing, and a pipe gate on the main road to secure the property. The Menuhin residence, Loughead barn and cabin, and all underground and garden structures were recently demolished and removed from the property. The site is recovering well . It will , however, require some reseeding of native grasses and removal of a stand of French broom before it takes over the disturbed soil area. 8 . Existing Use The property is vacant. 9 . Plannina Considerations Political boundaries : Unincorporated Santa Clara County; R-91-55 Page 4 within District boundaries Zoning: Hillside (requires a 20 to 160-acre minimum lot size, depending on slope) ; Agricultural Preserve under Williamson Act Master Plan rating: Medium ranking for suitability as open space Use and Management Plan review: Anticipate review in December, 1993 Regional plans: The Regional Parks , Trails and Scenic Highways Element of the Santa Clara County General plan indicates a proposed trail corridor along Los Gatos Creek and along the prominent ridge between Soda Springs Canyon and Henry' s Creek. 10 . Potential Use and Management The property could become the staging area for future trails linking Lexington Reservoir with Mt . Umunhum and Lake Elsman. There is also potential for a trail connecting the property to Soda Springs Road and eventually to the Priest Rock Trail on the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. 11 . Public Safety Review Staff inspected the site and found no significant public safety hazards . The main road into the property is secured with a pipe gate and fencing. 12. Preliminary Use and Management Recommendations Signs : install private property signs and boundary plaques as appropriate Roads : Maintain for patrol Site Emphasis designation: Conservation management Unit (CMU) 13 . Name The property should be named as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. R-91-55 Page 5 14 . Dedication I recommend that you indicate your intention to dedicate the property as public open space . 15 . Terms The full purchase price as stipulated in the attached purchase agreement would be $437 , 000 , payable in cash at close of escrow. The current estimated value of the property is $500, 000 and the difference of $63, 000 would be a gift from POST to the District as a part of this transaction. The final share of the District ' s Proposition 70 funds , a Roberti-Z 'berg-Harris allocation of $131 , 964 will be utilized as a part of this purchase. This acquisition was targeted for the Roberti-Z 'berg-Harris project because of the state requirement for an outside funding component of the project . In this case, the gift element of this purchase qualifies for the matching requirement. 16 . Funding The full explanation of this funding summary is contained in report R-89-103 dated July 3, 1989 . The District ' s 1990-1991 fiscal year budget includes $14 . 5 million for new open space acquisitions , $10 .0 million in cash outlay and $4. 5 million in notes . The following is a current summary of cash expenditures for open space acquisition for the 1990-1991 fiscal year : Land acquisitions funds for this fiscal year (cash) $10 , 000 , 000 Previously approved acquisitions (escrows closed) (160 , 000) Previously approved acquisitions (escrows not closed) (1 , 167 , 000) (including the Gastronics property considered earlier on this agenda) The Peninsula Open Space Trust property acquisition recommended for approval on this agenda (437 , 000) Remaining cash balance for future acquisitions this fiscal year 8 , 236 , 000 A final accounting of the expenditure of the District projects under Proposition 70 is as follows : R-91-55 Page 6 1) The net amount of $8 , 865 , 000 in specified projects has been spent as follows : Teague Hill $6 , 402 , 500 Sierra Azul 2 , 462, 500 Total $8 , 865, 000 2) The net amount of $968 , 000 in per capita funds for expansion of District preserves has been spent as follows : Sierra Azul $ 225, 373 Russian Ridge 742,627 Total $ 968 , 000 3) The net amount of $985, 000 for the specified project of connections between District preserves and Castle Rock and Portola State Parks has been spent as follows : Long Ridge - Total $ 9851000 4) The net amount of $131 , 964 for the Roberti Z 'berg-Harris Urban Open Space and Recreation Grant program for fiscal year 1989-1990 is being allocated to the Cathedral Oaks purchase. Sierra Azul Total $ 131 , 964 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE LANDS OF PENINSULA OPEN SPACE TRUST) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Peninsula Open Space Trust and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District . Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three . The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance , escrow fees , survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $437 , 000 from the proceeds of the next long term District note issue . 3' If WOOD Wit, I 1''-v'"L AI e�%:V ;( '� �.� (+ /' �l�.yy s_. �w� •,:,"5„k. .�+ �'uc:•:�--,.r (• - �i _ � •r�'�.-1-a .2 - I �: °�.r ;f `'�.� Y',, .\J. ili p°I /� '�•'��,,... '. -'+lr \,"`_`�?4_, f br \\, { ,) � \� �t ( /� ^ -�:�,.,. � .v\\a•. �.JIf/I _ � �'"�. � .11�,�� =��:.\__ E� SPfn �,gSbo)�Sl }g.' ,�1,\• 4 tl< nRl O_ S V �f `�`` �_��"? �//// fZ� �� (l:�jsoo. S .i ��f I s; I SODA � ° tl �1 , �,;\ ,/'' �• � � �- •r=-�, . SPRINGS ly (/ aE •fir I' '1 (, jI �)} � '�li., '1 - tfli �,,� � .� - i � , \,� / � -1\t ��'4'w. r .f: n"�� �,, 1•r ( t%J1 /� Il` 1: 1-- � _ Gr�,t• got:v.... !1 � •f�-L_a (- _ r ''�1�� �.���.'����,.�; t tir: � T -. \'��]lj�J'I' i.-��'t";,1_� � �_ fi:. ham::.::. :`S .�`� 1�\ /�•`r.= �. 4�. --Z�L.I \��t11,�1 .i��_`\_ �� ��.1: WEAVER ROAD : c_ ! o? , VL PROPOSED ADDITION / r;l `'i I r� 1 . n G \ ie ) �r � �\u1 fi (k� o t l l� TA 1\) \J/1�� •al `�{`• � �� ,, Z- eis /f 11� .'t 'l mil' -�� l �� r �r� '`' �•Q,71 + \isee/ -r��`frr��l7� - 'j• t i.s �rf Ch m \\�ti�:l .t 11 4 I..'` ♦ . _ .J �' =t tfLV �n�J. c.��-_-� ,�,:•``F'� �� ''- A7� x �uf -��``\.'�'RQAD - (11`��i; 1_ `�. �.se��v '1 � � t 1'�l �dTa,�.,: .,t- 1 � �:,:Ai ;� _ � �,l �,��- v(1 �'� �.::�� „ ✓• � lip (r• � irit. •.•�. A ,��;' .:.��,,I�t `\ �.J �1•:�;1 �,_.- --- -� _- �' ;; �.. - a,� '�_; ,^ ���'�� C -�1- �,ZU �! ' 1: • .,I' i h t tl,` �J •3 �� oo h:li < 14 ;,�_ 1\ 4 , _ J /) .. \ \� . boo � `\\ .:1. 1 J! � �1 �1�i.. 12 �II ;^J � -?'gao� ,-0. - -= I•yw°': 0' ��-�"�.j� •'=�:��`•* - 1' tt.,e.• \\_. \:� \'' .ai'1_-f/ �\i1'J\'��/r><`- t - ,,�(�.. -=�� ��- /�.-.-"gep'O Cl y� �� r c it', (- -. .•' •.•iau t. . L _-. •- .''- � .//`_i --iJ/ -J < 1�/ tom. ��t�1�� :Y: f. 1\� a ��. ./� T.. 'I ���\ -1 1 ,11 � ll� .,�. _JI I.�,,-� � �%.•II !r%f4 �>Y..: /l�) 8 1 � � v Mtn rI,- � +,! $1.` - '••'•os:�.. ` c --I c �} •'L`\. 1,�•i ii !( JJ •li, `` _ ��L- <^`� � ��\ � rf,l �'Ift y°r^. 1� s�,'. �� 1+� , 6 •,11 �sv �!� ��..�15 r �l.',�I lr�i i,''>' •, `_'/i.� 1 .� �r�•." �r��l�� �!rl� �]? h � •4' �;�'! 'i� A a �\ \� r ` `'l ••W �, ' ) �r�?> Ii p�'4 !.ti )' �'� � � � _��� i�l� �J11f1����f1lj`.' 1�-��°oo ����!'. 4� 3€: ,t( /��(' •� � � \ ' r%�`' 11� �� _/�C ) �� (�S\c�;�(_ 'w.t ��`�-`���I_;? - �r� ^rya ` ��'+--== SUMMIT ROAD I 11. print � a t -1, ,;\`S-r „LRS��. ' ()-\}- � - t l ==.::� ��� ..wr ��x� c. + ,r �1+ 1, s�.., •e,-^: N i IGHTS SIERRA AZUL OPEN SPACE PRESERVE .!,ROAD S ��- 2 SEAR ROAD �5.�, l< 1 CATHEDRAL OAKS AREA > ' ' ., � � � �nRl��t �f1 �` " 1 �"�, • ( ' MORRILL� \y�\� � 11 �gs �L. ��I:. \-C� !Z1- l,t 1500' •1. , ROAD ., S �11\,0 @ v ;�� . '• / �=. -'�� .� <<I �`}`'•, MROSD LANDSk`'?oo „\ \..1 \\. ° b�,fA, . 1 ��' \l l ,� `��ti � - .1 /l�1 l,. ll.!�yj 1 / S� —T A 1 (1� Ir �`' /LrhYj'GJ f'��r, .�prcNtal 1 'I ` ,.' 1 � �\ r bpi l r%(''� �(((.-rp(q/1.��1..1. ►`!f x •lr1. PURCHASE AGREEMENT This Agreement is made and entered into by and between PENINSULA OPEN SPACE TRUST, a non-profit corporation of California, hereinafter referred to as "Trust, " and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter referred to as "District. " WITNESSETH WHEREAS , Trust was organized as a non-profit, charitable corporation to solicit, receive and hold gifts , legacies , devises and conveyances of real and personal property for public park, conservation and open space purposes , all in a manner complementary to activities of District; and WHEREAS, the property, assets , profits and net income of the Trust are irrevocably dedicated to said purposes and no part of the profits or net income of Trust shall ever inure to the benefit of any director, officer, or member thereof or to the benefit of any individual; and WHEREAS, Trust is the owner of certain real property located within an unincorporated area of the County of Santa Clara, which has natural beauty, open space and recreational value, and ecological significance; and WHEREAS , District desires to purchase said property both as open space and as part of the recreational , ecological and aesthetic resources of the Midpeninsula area; and WHEREAS , Trust, out of desire to promote public welfare, and share the natural and scenic beauty and enjoyment of their property with the citizens of the Midpeninsula area, hereby agrees to sell and convey the entirety of said real property to District at a purchase price below its fair market value , and District wishes to purchase and receive said real property at the advantageous price so offered, upon the conditions and for the considerations set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1. Purchase and Sale. Trust agrees to sell to District, and District agrees to purchase from Trust, Trust ' s real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately twenty-three and thirty-one- hundredths (23 .31) acres , more or less , and commonly referred to as Santa Clara County Assessor ' s Parcel Nos : 558-27-11 being more particularly described in Exhibit "A" as attached hereto and by this reference incorporated herein and made" a part hereof . Said property to be conveyed together with any easements , rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. "y Purchase Agreement - Bargain Sale Page 2 2 . Purchase Price. The total purchase price ( "Purchase Price") for the Property shall be Four Hundred Thirty-seven Thousand and No/100 Dollars ($437 , 000 .00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . 3 . Escrow. Promptly upon execution of this Agreement, in accord- ance with Section 10 herein, an escrow shall be opened at Valley Title Company, 300 South First Street, San Jose, CA 95113 phone number (408) 292-7150, or other title company acceptable to District (hereinafter "Escrow Holder" ) through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supple'mentary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties , but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before May 31 , 1991 , following execution of this Agreement by both Trust and District in accordance with the terms and conditions of Section 10 herein; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Trust and District shall , during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Trust shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed in a form acceptable to District. Closing: (d) District shall deposit into the escrow, on or before the (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing- (ii) District 's check payable to Escrow Holder in the amount of Four Hundred Thirty-seven Thousand and No/100 Dollar ($437 , 000. 00) . SO� Purchase Agreement - Bargain Sale Page 3 (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees , if any. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Trust in the manner customary in Santa Clara County. All current property taxes , if any, on the Property, shall be pro-rated through escrow between District and Trust as of the Closing based upon the latest available tax information using the customary escrow procedures . (f) Trust shall cause Valley Title Company, or other title company acceptable to District, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $437 , 000 . 00 for the Property showing title to the Property vested in fee simple in District, subject only to: W current real property taxes , and (ii) such additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Trust is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: W to terminate the escrow provided for herein (after giving written notice to Trust of such disapproved exceptions and affording Trust at least twenty (20) days to remove such exceptions) and then Escrow Holder and Trust shall, upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Trust Escrow Holder ' s check for the full purchase price of the Subject Property (less Trust ' s portion of the expenses described in Section 3 (e) ) , and to District or Trust, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies , documents or other things of value deposited in the escrow to the party depositing the same. 4 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and -escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escro wX11911 Purchase Agreement - Bargain Sale Page 4I, 5 . Leases or Occupancy of Premises . Trust warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Trust further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss , damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seg. Trust understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Trust' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Trust represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority. Trust has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Trust to District now or at the Closing have been or will be duly authorized and executed and delivered by Trust and are legal , valid and binding obligations of Trust sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Trust is a party or by which Trust may be bound or any articles , bylaws or corporate resolutions of Trust. 7 . Dedication for Open Space Purposes . District agrees that it shall dedicate the Subject Property as park, recreation and open space lands pursuant to the provisions of Public Resources Code Section 550 . 8 . Waiver of Statutory Compensation. Trust and District understand and agree that Trust may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Further, it is acknowledged by District and Trust that the purchase price being paid for the Property is less than the Property' s fair market value, and that the difference in price being paid to District and the Property' s fair market value is being donated to District as part of this transaction. Trust hereby waives any and all existing and/or future rights Trust may have to the fair market value of said Property, appraisals , etc. , as provided for by said Federal Law and any corresponding California Government Code Sections Purchase Agreement - Bargain Sale Page 9. Miscellaneous Provisions . 9 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 9.02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action. or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 9 .03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 9 . 04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights , powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of 'this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 9 . 05 Notices . All notices , consents , waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such communications shall be I / L/ addressed as follows : Purchase Agreement - Bargain Sale Page E Trust: Peninsula Open Space Trust 3000 Sand Hill Road Building 4 , Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust, Executive Director (415) 854-7696 FAX (415) 854-2803 I I District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 FAX (415) 949-5679 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 FAX (415) 327-9151 If sent by telegraph, telefax communication or cable, a conformed copy of such telegraphic , telefaxed or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 9 .06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties , the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible , the economic, business and other purposes of the void or unenforceable provisions . 9 .07 Counterparts . This Agreement may be executed in separate counterparts , each of which shall be deemed as an original , and when J ,` Purchase Agreement - Bargain Sale Page 7 executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 9 . 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances , shall be deemed to be, or be construed as , a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 9 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior correspondence, conversa- tions , negotiations , agreements or understandings relating to the same subject matter. 9 . 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 9 . 11 Survival of Covenants . All covenants of District or Trust which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 9 . 12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 9 . 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 9 .14 Binding on Successors and Assigns . This Agreement and all of its terms , conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 9 .15 Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 9 .16 Pronoun References . In this Agreement, if it be,-, 611 J Purchase Agreement - Bargain Sale Page 8 , appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 9 .17 Broker ' s Commission. Neither party shall be responsible for any real estate commission or other related costs or fees in this transaction. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs , liabilities, losses, damages , claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transaction. 10. Acceptance. Provided that this Agreement is signed by Trust and returned to District on or before April 19, 1991 , District shall have until midnight May 8 , 1991 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Trust to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and Trust acknowledges receipt of the sum of Ten Dollars ($10. 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. ljp4 "- Purchase Agreement - Bargain Sale Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE PENINSULA OPEN SPACE TRUST DISTRICT APPROVED AS TO FORM: By: Audrey Rul,kK- Executive Director D ate Stanley Norton, District Counsel ACCE a,, FOR RECOMMENDATION: Date• L. CrA:Lg Britton, 'R-AWA--" Land Acquisition Manager APPROVED AND ACCEPTED: Date• President, Board of Directors ATTEST• District Clerk Date: SITUATED in an unincorporated area of the County of Santa Clara, State of California and being more particularly described as follows: PARCEL ONE : BEGINNING at a point in the Easterly line of the Southwest one-quarter of the Southwest one-quarter of Section 4 , Township 9 South , Range I West , Mount Diablo Base and Meridian, distant thereon North 0 degree 30 ' East 552 . 95 feet from a 2 inch iron pipe standing at the Southeast corner of said Southwest one-quarter of the Souhwest one-quarter of said Section 4 , said point of beginning being also the point of intersection of said Easterly line with a Northerly line of that certain 7 . 65 acre parcel of land conveyed by G . A. Dennison to .Santa Clara Valley Water Conservation District, by Deed recorded January 21, 1954 in Book 2799 of Official Records, at page 46 , Santa Clara County Records; running thence along the Northerly and Easterly lines of said 7 . 65 acre parcel of land the following courses and distances: North 74 degrees 27 ' West 266 . 4 feet; South 82 degrees 231 West 358 . 8 feet; North 20 degrees 111 West 267 .0 feet; North 58 degrees 20 ' West 125 .7 feet; North 15 degrees 591 West 398 . 9 feet; North 9 degrees 11 ' West 200 .4 feet; North 5 degrees 381 East 211 .7 feet; North 31 degrees 15 ' East 67 . 2 feet; North 18 degrees 021 East 157 . 3 feet; North 33 degrees 47 East 47 . 63 feet; South 67 degrees 24 ' East 92 . 80 feet and North 30 degrees 391 East 27 . 57 .feet to point in the center line OIL a deep and abrupt ravine, said 'center line being the Northerly line of that certain parcel of land described in the Deed from J . S . Abreu, et ux, to George A. Dennison, dated July 24 , 1920 and recorded July 31 , 1920 in Book 521 of Deeds, at page 114 , Santa Clara County Records; running thence along the center line of said ravine, being the Northerly line of said parcel of land described in said Deed to George A. Dennison the following courses and distances: South 67 degrees East 103 . 82 feet; South 56 degrees East 59 .40 feet; South 65 degrees East 209 .22 feet; South 88 degrees East 115 . 50 feet; North 70 degrees East 184 . 80 feet; and North 76 degrees 30 ' East 123 .'42 feet to the point of intersection thereof with the Easterly line of the West half of the Southwest one-quarter of said Section 4; thence running along said last named line Southerly to the point of beginning . and being a portion of the West one-half of the Southeast one-quarter of Section 4 , Township 9 South, Range 1 West, Mount Diablo Base and Meridian . EXCEPTING THEREFROM that portion thereof included within the boundaries of Assessment Lot 93 of San Jose Water Works, and being known as "Blow Spring" , as shown and described upon Amended Map No. 23 , San Jose Water Works, recorded January 9 , 1918 in Book 'IQ" of Maps, at page 15 , Santa Clara County Records. PARCEL TWO: � Easements and rights conveyed to Yehudi Menuhin and Diana Menuhin, his wife; by Deed recorded May - 7 , 1976 in Book C012 of Official Records, page 683 . PARCEL THREE : Those certain easements and rights granted by Santa Clara Valley Water Conservation District, a water conservation district, to Yehudi Menuhin and Nola Williams, by Deed dated May 1, 1953 and recorded November 6 , 1953 in Book 2754 Of Official Records, at page 59, Santa Clara County Records. EXHIBIT Page J of.L... Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: May 8, 1991 SUBJECT: F. Y. I. Jefferds resigns from board seat Mary Lee Jefferds, who has served on the Park District Board A resident of Berkeley,Jefferds of Directors since January 1973, represented the District's Ward 1. resigned from her position as of Besides Berkeley, the ward in- April 1. cludes the communities of Albany, Jefferds announced her resign.- Piedmont,a portion of north Oak- tion in a brief letter to Board Presi- land,El Cerrito,Kensington and dent James Duncan. "After having part of Richmond. served on the board of Directors of Jefferds was born in Seattle,but the East Bay Regional Park District her family moved to Berkeley for 18 years, I regret to inform you when she was less than one year that for reasons of health I must old. She was educated in Berkeley resign my position on the board of schools, then earned a bachelor's fective April 1, 1991,"she said. degree and secondary teaching cre- Duncan accepted the resignation dential from the University of Cali- with regret. "Mary has served on fomia in 1943 and 1948 respective- the Park District board longer than ly. She also has a master's degree any other member," he pointed out. from Columbia University in guid- "She has been a dedicated and ef- ance and personnel administration. fective director for many years; her wisdom and experience are ir- See JEFFERDS, page 2 replacable. I know the other board members join me in thanking her for her service and wishing her well in the future." � "I have known and worked with ' Mary Jefferds for more than 10 years," said Park District General Manger Pat O'Brien."Her contribu- tions to statewide park associations, the environmental movement,local and regional government and the . regional park system constitute a r remarkable record of public ser- f, i vice.' w Mary Jefferds has served on the Park District board of directors for 18 years. ..�'�' .. "'�.- ..war"" i'"'� �. `�``a.. x" -;'R ,x• a'-� � J ��"'�.�3 a .r,,,w'�r'"�il!.�; �a�9'.iis4'. �y M• `. .; � `4�A?w ;`L .h �r°�y.�� ..Y , °�'. r'�,��,� `+$-�:��. ` -•,,� -=...w"'.`�' j••:�_ i � ` �3 '�. '�x fir` �e`j�,s �.�"�-. *� ��� jllm A'i'�'� �. t + -'�� +.,�" .-; . � ,:.:a.. T t:'�,• -S�+l-�- `fir' 8ha ` f eq ".. � aLSiS- go, :Ft kt �-` �,; ° c_� jo JEFFERDS, from page 1 Jefferds was manager of the Nation- board president in 1979, 1980, 1988 By state law the District board of al Audubon Society Conservation and 1989. directors has until May 30 (60 days Resource Center in Berkeley for 15 During her long tenure on the from her resignation date) to appoint a years,and subsequently directed board,she was known especially for replacement to serve the remainder of Audubon's Bay Area Educational Ser- her concerns about protecting the en- Jefferds' term.Her term expires at the vices for five years. vironment in the parklands,and for her end of 1992,and her successor would She has been active in numerous en- strong support of the District's environ- be required to stand for election at that vironmental organizations,including mental education programs. time the retain the seat. Save San Francisco Bay Association, In 1989 she received the Outstand- President Duncan has appointed and People for Open Space and the Sierra ing Board Member Award from the is chairing a nominating committee to Club. California Association of Recreation consider potential candidates for the Before joining the District board of and Park Districts(CARPD). vacant seat.Other committee members directors,she monitored the District The award recognized her achieve- are Director Jocelyn Combs of Pleasan- and other agencies for the League of ments in environmental preservation, ton and Director Ted Radke of Marti- Women Voters. affirmative action,master planning, nez.The committee will appoint a new First elected to the board in Novem- land acquisition and many other Park director on May 21. O ber 1972,she was reelected in succes- District issues,as well as her work Ned MacKay sive elections through 1988.She was with CARPD. ' Public Information Supervisor F Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 26, 1991 Mary Lee Jefferds 2932 Pine Street Berkeley, C.A. 94705 Dear Mary: I was very sorry to hear about your health and necessary resignation from the board. I remember meeting you in the early sixties when I was a fledgling activist with the Audubon Society. Undoubtedly unbeknownst to you, you've been one of my local heroes that have helped keep me motivated over the years. I ' ll miss seeing you at all those conferences but hope we ' ll have some opportunities to touch base in the future. Best wishes from our board and staff at Midpeninsula Regional Open Space District . With warm regards, Herbert Grench General Manager tHG:dmz cc: MROSD Board of Directors 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 Phone:(415)949-5500 FAX:(415)949-5679 Claims No. 91-09 Meeting 91-12 Date: May 8, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 4 Amount Name Description 657 26.60 Pitney Bowes Credit Corporation Mailing Machine Rental 658 66.00 Pro-Flame Company Propane Fuel 659 13.90 Rancho Hardware Field Supplies 660 670. 15 Rich's Tire Service Tires 661 494.83 Roy's Repair Service Vehicle Repairs 662 286.03 Jane Saltman Consulting Services 663 121 .68 San Jose Mercury News Advertisement 664 1250.00 County Clerk of San Mateo County Fish and Game Fee 665 120.00 San Mateo Times Subscription 666 165.00 Santa Clara County Permit Fee 667 250.00 Santa Clara County Health Fuel Tank Permit Department 668 3840.00 E. R. Sheehan Consulting Services and Equipment Rent 669 750.49 John Shelton, Inc. Culverts 670 432.89 Signs of the Times Signs 671 53.60 Skyline County Water District Water Service 672 883.44 Santa Clara Sheriff's Department Patrol Services 673 286.48 David Topley Reimbursement--Uniform Expense 674 440.04 Trygg and Trygg Consulting Services 675 86.14 Unocal Fuel 676 199.56 Vallen Safety Safety Supplies 177 43? 000.00 Valley Title -1 y T e Company Property Purchase--POST 678 81.31 Valley Tool & Manufacturing Field Supplies 679 Company, Inc. 680 750.00 Valley Valuation Appraisal Services 681 92.45 Value Business Products Computer Supplies 682 1 ,091 .00 Western Allied Service Company Maintenance Contract 683 291 .55 WMI Services: Port-o-Let Sanitation Services 684 205.55 The Workingman's Emporium Uniform Expense 685 15.00 World Watch Subscription 686 156.78 Deborah Zucker Reimbursement for Computer Supplies 687 383. 17 Petty Cash Film, Photo Processing, Office and Drafting Supplies, Local Business Meetings, Out-of-Town Business Meeting:- Staff Picnic Supplies, Field Supplies, and Postage I Claims No. 91-09 Meeting 91-12 Date: May 8, 1991 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REVISED # Amount Name Description 614 40.97 Allen Equipment Company _ Equipment .Repair 615 942.78 Alves Petroleum Inc. Fuel 616 201 .00 American Red Cross Equipment Rental 617 173.38 American Welding Supply Equipment and Supplies 618 540.01 Big Creek Lumber Company Lumber and Supplies 619 66.48 Barron Park Supply Company Plumbing Supplies 620 298.89 Judith Bechtel Utilities 621 57.75 Ruth Blanchard Private Vehicle Expense 622 47.03 R. E. Brooker Company, Inc. Paint 623 700.00 * California State Board of Annexation Fees Equalization 624 264.00 State of California Maps Department of Fish and Game 625 30.79 California Water Service Company Water Service 626 229.75 Sheryl Marioni Cochran Reimbursement---Permit Fees and Private Vehicle Expense 627 373.47 Conservatree Paper Company Office Supplies 628 75,000.00 Continental Lawyers Title Company Land Purchase--Gastronics 629 17.00 The Country Almanac Subscription 630 35.95 ** The Country Gourmet Local Meeting Expense 631 75.00 Mabel Crittenden Honorarium _332 1 ,069.57 The Darkroom Color Prints for Publications 633 181 .50 Dittmers Gourmet Meats Local Meeting Expense 634 94.11 V. W. Eimicke Associates, Inc. Employment Posters 635 152.60 Emergency Vehicle Systems Vehicle Safety Lights 636 42.79 Albert Faria Reimbursement--Field Supplies 637 250.00 First American Title Insurance Title Policy Company 638 250.00 Flinn Gray & Herterich Insurance 639 265.77 Foster Bros. Security Systems Locks and Keys 640 77.50 Garcia Well and Pump Company Pump Repairs 641 189.85 Goodco Press, Inc. Printing 642 14.00 Graphicstat, Inc. Artwork Reproduction 643 150.43 Herbert Grench Reimbursement-Educational Assistance and Out-of-Town Meting Expense 644 287.23 Mary Gundert Reimbursement--Serninar Registration and Private Vehicle Expense 645 58.21 Mary Hale Reimbursemnt---Photographs 1 646 60.00 Ken Himes Honorarium 647 539.28 Jeda Publications, Inc. Brochure Printing 648 200.00 Los Altos Garbage Company Dumpster Rental 6449 200.00 Magana's Building Maintenance Janitorial Service-Distel Circle 650 95.00 Ma Velle Enterprises Bee Removal 651 1 ,243.53 Pacific Bell Telephone Service 652 3,422.04 Pacific Gas and Electric Company Utilities 653 86.66 Peninsula Blueprint, Inc. Drafting Supplies 554 2,000.00 Town of Portola Valley Retainer--Conditional Use Permit ..r55 73.45 Piombo Construction Company Pipe Bedding 656 188.45 PIP Printing Photocopying * Emergency check issued on April 29, 1991 . **Emergency check issued on April 30, 1991 .