HomeMy Public PortalAbout19910508 - Agendas Packet - Board of Directors (BOD) - 91-12 Open Space
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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
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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
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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
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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
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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.
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HICKS
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C.M.U. — CONSERVATION MANAGEMENT UNImT -34 35_
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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
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OFFICE O: COUNTY ASSESSOR — SANTc C,LARA COUN'Y, CAL,=ORNIA
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ALRXDUAED E.cAkSON.FOR
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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'
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SIERRA AZUL OPEN SPACE PRESERVE
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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.
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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 .