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HomeMy Public PortalAbout19911002 - Agendas Packet - Board of Directors (BOD) - 91-29 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-29 SPECIAL MEETING BOARD OF DIRECTORS A G E N D A 7 : 30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 October 2, 1991 Mountain View, Calif . (7 : 30) * ROLL CALL WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** PUBLIC HEARING 1 . Determination of Public Necessity for Proposed Beneficial California, Inc. Property Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve -- C. Britton Resolution Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, To Wit , for Public Park, Recreation and Open Space Purposes, Describing the Properties Necessary Therefore and Authorizing and Directing Its Retained Legal Counsel To Do Everything Necessary To Acquire All Interests Therein (Sierra Azul Open Space Preserve - Beneficial California, Inc. Property) (8 : 15) BOARD BUSINESS 2. Report of Public Communications Workshop Committee -- N. Hanko (8 : 30) 3. Coordinated Design Project — District Pin -- M. Hale (8 : 35) 4 . Rescheduling of November 27 Regular Meeting -- H. Grench (8 : 40) INFORMATIONAL REPORTS -- Directors and Staff CLOSED SESSION (Litigation, Land Negotiations, Labor Negotiations, and Personnel Matters) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 . Phone:(415)949-5500 • FAX:(415)949-5679 General manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop 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 Meeting Time The October 9, 1991 Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District will begin at 7:00 P-M- -371 ;L (;h ftdL �'�qu �UUN - +4%L 13 9 zta) 9EP s 0 199 September 26, 1991 Midpeninsula. Regional Open Space District Old Mill Office Center, C-135 201 San Antonio Circle Mountain View, CA 94040 Re: 18075 Soda Springs Road, Los Gatos, California Attention: Jean Fiddes, District Clerk It is our understanding that your company intends to purchase/acquire our property located at 18075 Soda Springs Road, Los Gatos, through eminent domain proceedings. We were informed of this information through the past owner and have not received any official or personal documentation of your intent. We are yet unclear as to whether this property is even on your list. The only documentation I have is for 10075 Soda Springs Road. Please inform us as to whether this property is on your acquisition list. if so, we would like to be heard at this meeting on October 2, 1991 to discourage you from acquiring this property for the Open Space District. Please notify us as soon as possible if we can attend this meeting. If we can answer any questions concerning this property, please feel free to call us at 395-2500 or 354-3620. Davies S' cer Ro Jeff White Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-111 (Meeting 91-29 October 2, 1991) REPORT TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Acting Land Manager; D. Woods , Principal Open Space Planner; M. Gundert, Open Space Planner; A. Cummings, Environmental Analyst; D. Blackman, Legal Assistant; C. Bruins, Administrative Assistant SUBJECT: Determination of Public Necessity for Proposed Beneficial California, Inc. Property Addition to 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 Finding and Determining That the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, to Wit, for Public Park, Recreation and Open Space Purposes, Describing the Properties Necessary Therefore and Authorizing and Directing Its Retained Legal Counsel To Do Everything Necessary to Acquire All Interests Therein (Sierra Azul Open Space Preserve - Beneficial California, Inc. ) 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 open space. Introduction The Midpeninsula Regional Open Space District is considering exercising its power of eminent domain to obtain a 9. 28-acre unoccupied parcel of land located at 18075 Soda Springs Road, within an unincorporated area of Santa Clara County and in the vicinity of the Town of Los Gatos . The property is part of a natural trail corridor between the Cathedral Oaks and Kennedy Limekiln areas of Sierra Azul Open Space Preserve. Its accessible location and gentle terrain make it an ideal potential public staging area for the preserve. The attached map shows the location of the property in relation to Sierra Azul Open Space Preserve . R-91-111 Page 2 Background As of this date the property is currently held by a commercial entity who acquired it through foreclosure on the former owner. The present structure is in disrepair with significant code violations. A Notice of Building Code Violation has been recorded against it and it has been unoccupied for some time. It does not meet the definition of an "improvement" because it is not a legal residence. An investor has proposed purchasing and developing the property. The District has been informed that plans for the property include demolishing the existing building and developing a large home for later sale. It is not in a clearly defined developed community. Development of a large new home on this centrally located parcel would significantly degrade the views , natural resources, and recreation use of the preserve. Discussion 1. Terms This property has been of interest to the District since the acquisition of the Mayr property as an addition to the Cathedral Oaks area of the Sierra Azul Open Space Preserve (see report R-90- 112, dated October 3, 1990) . At that time, planning staff investigated the area and found that the subject (Beneficial) property would make an ideal future public staging area, as well as a natural trail connection from the Cathedral Oaks area to the Kennedy-Limekiln area of the preserve. Since a representative of Joe Beatty Real Estate brokered the Mayr transaction, they had already contacted the owner of the subject property, Mr. Kenneth Ward, who stated that the property "was not for sale" . The Real Estate Company later learned that a foreclosure sale of the property occurred on December 28 , 1990 and a second foreclosure sale occurred on February 4, 1991; however, the District was not able to bid at the sale. Further, contacts by the Real Estate brokers with Beneficial on behalf of the District were not successful and Beneficial entered into a contract with a third party to sell the property for a purported $260, 000 price. At that time the Real Estate Brokers exhausted their attempts to secure the property and District staff contacted Beneficial directly. Staff was told that Beneficial would be out of contract by August 30, 1991, but after that date they would entertain an offer of $285, 000. The District indicated an interest in pursuing that proposal. During a follow-up call after that date, to the same individual at Beneficial , staff was told that the contract was "extended for 15 days" . In the interim, staff also learned that the buyer was a contractor who planned to build a "large spec. house" . Planning staff again visited the site and completed a comprehensive review and determined that this property is R-91-111 Page 3 critical" to the District's program. Future public access and staging potential , and the trail corridor needs make this property an absolute requirement for District acquisition. At this point, because of the sensitive nature of the property, the proximity to the preserve, and the abundant public recreational potential of the site based on viewshed, trails potential and public recreational use, the only alternative is to acquire the property through the eminent domain process . This process would allow the owners to have a jury of their peers determine the Fair Market Value of the property and, therefore, the amount of compensation the public, through the District,would have to pay to acquire this priority parcel . It is hoped a negotiated settlement could be reached before that point. 2 . Public Necessity The public necessity for acquiring the Beneficial California, Inc. Lands is summarized below: Public Staging Area for Sierra Azul Open Space Preserve Sierra Azul Open Space Preserve includes 9 , 363 acres of public land: 2 , 324 acres in the Kennedy Limekiln area, 1 , 285 acres in the Cathedral Oaks area, and the remaining 5, 754 acres in the Mt. Umunhum area. The District tries to distribute staging areas to avoid overuse of any particular area. As yet, there is no public staging area on the east side of the Sierra Azul range for access to trails within this vast acreage. The Master Plan for adjacent 844-acre Lexington Reservoir Recreation Area emphasizes water- related activities and does not provide a staging area for trail access to public lands within Sierra Azul . The District needs a staging area here. Characteristics of the property that make it well suited for an east side staging area include: N Proximity to lower end of paved Soda Springs Road • Central location between the Kennedy Limekiln and Cathedral Oaks areas • Visually unobtrusive, since it is located in a depression below the road and is partially screened by vegetation • Gentle terrain requiring minimal grading Potential Trail Corridor The property forms part of a natural trail corridor between the Cathedral Oaks and Kennedy Limekiln areas of Sierra Azul Open Space Preserve. The Kennedy Limekiln portion of the corridor was identified in the Trails and Pathways Plan for Santa Clara County (1982) , connecting Lexington Reservoir with Priest Rock, El Sombroso, and Mt. Umunhum. The District has since acquired lands i II R-91-111 Page 4 making up the Cathedral Oaks portion of Sierra Azul Open Space Preserve , which need to be connected with the rest of the trail system. Trail routes in this area are scarce because of the general steepness and instability of the slopes surrounding Soda Springs Canyon. Acquiring the subject property will also help protect the integrity of the trail corridor. The corridor concept includes a wide swath of land as a physical and visual buffer, in order to protect not only the trail, but the environment around it and the recreational experience of trail users. The presence of a large house within the corridor would destroy the peaceful and serene atmosphere that is such an essential part of a high quality open space experience. Help Accommodate Expected Increase in Public Trail Use The adjacent Lexington Reservoir Recreation Area is planned as a major regional recreation area serving Santa Clara County. Creating a staging area on the subject property would provide a convenient central point for access to trails connecting the two areas of the preserve with Lexington Reservoir. Although use is not high now, when the proposed new Highway 17 interchange is built, use of Lexington Reservoir, as well as the eastern Sierra Azul will greatly increase. A staging area near the lower end of Soda Springs Road could help accommodate the expected demand for trail access to the extensive public lands in this area. Preservation and Restoration of Viewshed The property is presently unoccupied and the existing structures are in poor condition. The threatened development of the property would significantly increase intrusion on the viewshed. Removal of the structures will reduce the intrusion without displacing any occupants. The topography of the property offers the opportunity to provide public access that will be less visually intrusive to both preserve users and area residents than can be provided in other locations . Description of the Site Introduction The proposed acquisition consists of a 9 . 28-acre parcel located in a relatively level area on the north slope of Soda Springs Canyon, next to Soda Springs Road above Lexington Reservoir. The property could become a staging area for Sierra Azul Open Space Preserve, with trails leading to the Cathedral Oaks and Limekiln Canyon areas of the preserve. The property contains a house, barn and miscellaneous outbuildings in poor condition. R-91-111 Page 5 1. Property Identification Property owner: Beneficial California, Inc. Size: 9.28 acres 2. Location and Boundaries (see attached map) Regional setting: East of Lexington Reservoir on north facing side of Soda Springs Canyon. Road access: 18075 Soda Springs Road, approximately one and one- half miles east of Lexington Reservoir. From Highway 17 , take the Alma Bridge Road turnoff to Lexington Reservoir, follow Alma Bridge Road around the north end of the reservoir and partway along its eastern side, and turn left on Soda Springs Road. A new highway interchange is being planned at Highway 17 near Bear Creek Road which will improve access to Lexington Reservoir and the eastern side of the Sierra Azul range. Boundaries: Cathedral Oaks Area of Sierra Azul Open Space Preserve adjoins eastern boundary of property; private property adjoins remainder. Nearby public lands: Lexington Reservoir County Park and the Cathedral Oaks Area of Sierra Azul Open Space Preserve lie to the west. The Limekiln Canyon Area of Sierra Azul Open Space Preserve is located across Soda Springs Canyon approximately one mile to the north. Nearby landmarks: Priest Rock, Lexington Reservoir and Mt. Thayer. 3. Topography and Hydrology Prominent topographic features: Property occupies a relatively level area within the generally steep north-facing slope of Soda Springs Canyon. Elevation range: 1, 000 feet at the northern boundary to 1 , 360 feet at the southern boundary along Soda Springs Road. Slope steepness : Gentle, rolling topography; several areas leveled for structures . Slope exposure: North facing slopes . Watershed: Soda Springs Canyon, which flows into Lexington Reservoir. R-91-111 Page 6 4 . Geology and Soils Seismology: San Andreas Fault approximately one and one half miles to the west. Soil classification: Highly erodible Los Gatos-Maymen type. Soil stability: General area characterized by rapid runoff and low soil permeability. Overall gentle topography of subject parcel results in lower erosion and landslide potential than in surrounding steeper areas . Retention wall prevents erosion from steep area above driveway on adjoining property 5. Flora and Fauna Plant communities: Mainly chaparral and grassland. Large eucalyptus line the western boundary. Dominant flora: Chamise, baccharis , manzanita, scrub oak, and toyon in chaparral areas; bay, madrone, live oak, pine, and poison oak in moist areas . Typical fauna: Blacktailed deer, brush rabbit, coyote, various species of snake, lizard, rodent and bird. 6. Visual Qualities Viewshed: Forms portion of scenic backdrop above Lexington Reservoir and State Highway 17 . Vistas: Lexington Reservoir basin to the west; Soda Spring Canyon and Priest Rock to the north; Sierra Azul ridge to the east. 7 . Existing Improvements A driveway enters the southwest corner of the property, branching from Soda Springs Road. A substantial retaining wall has been built on the adjacent property above the driveway. The driveway leads to a two bedroom, two bath house in the center of the property. A barn, corral, and cabin, all in poor condition, are also located on the property. As noted earlier, these structures do not meet the District' s definition of "improvements" because they are not legal residences . The house has a Notice of Building Code Violation recorded against it and is currently in a state of disrepair. The corral fencing was removed between staff visits to the property. An old road alignment continues on the western side of the property toward Soda Springs Creek. R-91-111 Page 7 8 . Existing Use The buildings are currently vacant. The horses previously housed on the property have been removed. 9. Planning Considerations Political boundaries: Unincorporated Santa Clara County; within District boundaries. Zoning: Hillside (HS) , requiring a 20 to 60-acre minimum lot size, depending on slope. Master Plan rating: Low composite ranking for suitability as open space. Use and Management Plan review: Anticipate review in August, 1993. Regional plans: The Trails and Pathways Plan for Santa Clara County (1982) identifies a trail corridor north of Soda Springs Canyon, connecting Lexington Reservoir with Priest Rock, El Sombroso, and Mt. Umunhum. Creating a staging area on the subject property would provide a convenient central point for access to this trail corridor, which would also link the Cathedral Oaks and the Kennedy-Limekiln areas of Sierra Azul Open Space Preserve. A staging area is needed for trail access in this area. Although Sierra Azul Open Space Preserve adjoins Lexington Reservoir Recreation Area, the park' s Master Plan has emphasized water- related activities and does not provide a staging area for trail access to public lands within Sierra Azul . 10. Potential Use and Management When the proposed new Highway 17 interchange is built, use of Lexington Reservoir and the eastern Sierra Azul will greatly increase. A staging area near the lower end of Soda Springs Road could help accommodate the expected demand for trail access to the extensive public lands in this area. The property offers an accessible location and suitable gentle terrain for a staging area. Potential trail connections include the following: • North and east up Soda Springs Canyon, eventually linking with Priest Rock Trail and the PG&E Road to El Sombroso. • North and west down Soda Springs Canyon, connecting with the proposed trail around Lexington Reservoir. ti E South and east up to the fire break trail, connecting eventually with Weaver Road. R-91-111 Page 8 ■ South through Cathedral Oaks toward Hendrys Creek, connecting with the proposed trail around Lexington Reservoir. These trails would permit loop trips of various lengths , appealing to hikers, equestrians, runners and mountain bicyclists . 11 . Public Safety Review A detailed inspection will be performed on the site before your final adoption of the Preliminary Use and Management Plan. The purpose of the inspection is to identify existing and potential safety hazards . The site will remain closed until the inspection has occurred and any identified safety hazards have been eliminated. 12 . Preliminary Use and Management Recommendations Signs: Install private property signs and preserve boundary signs where appropriate. Roads: Maintain for patrol. Cleanup: Study condition of buildings to determine if they should be demolished at this time. Remove miscellaneous debris . Site Emphasis designation: Conservation Management Unit (CMU) In addition, staff will study the following issues in preparation of the regular use and management review: N development of a parking area a interconnecting trails 0 natural resource protection 0 management options 13 . Name The property should be named as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. 14. Dedication The property should be dedicated as public open space. rf - :lii} i�$ K }r• +,h,-t $♦y .-.IS 7p is `r :.!.::;..;^tiv�. �f2,' `` .. x� —i� — i i' „ , � ! _;c' ..Z.:.�� w�>y t a'�;;'""� !:/"'` t (/_I I (_' .—rl� ✓ ,�:; 'I ;r;:. .j .> .�,,$: HJI I -R- �'I (:.F". i - 'I, Lam,- ,..x1�pEF!"�`'�.,`+',✓'�..�,.�,y"'w k 1,, __ :.i•.-.<: r �. '�l.J` '� � :�j �I�lr �:r' 'w::3� �N,-y:.>,?.�• � Yf•2' �� It - ,- `mil :. w: . t f. I 4 w r E- t. K .. h •" L t EXINGTON RESERVOIR "•---: A: � � '<:.':;- '. ,OPEN SPACE EASEMENT`<. . .. C r x NTY .c" _ - .-- .-. � .:.. �. :. ::5... \ �}rr t.F:%.° ''/:�/III - � �. {. ✓ r/ _� I - — 7, I � Vti / r , i _ 1 1 .tom... I , - O r' Q •,: f. ;�- > � 77 ROPOSED ADDITION l:BENEFICIAL .. .:,.:. ._ .. . ...:. : _.. .:. .. . , ALMABRIDGE ROAD r�, �\ ::::::. ..... :...<:..:;:.:::':...•..• y•..... f ;.::.:::.:;<.;:::::::... :.:..: . . :;.....::;:.:;'.......::.:...: : __.- �_y ti, ...•.::_.:. .. . ... Via.;• <: .. -w::: �.:....::>::r:..::::;.:;r;.t<. ;. .:::;;:>a::::.y»:'::.. �� CALIFORNIA INC. ��1 ji ... ........ ::. . t - ,� r �J = (✓" 4 / o )aoQ — PENDING ACQUISITION �' . .' :- . .t `w`s.'y:. PRO PE'r ..-_ �,L• =--'_ '_'�„ , ; SODA SPRINGS RD. -. r _ �-- •'"'�•. f�> ;,�':::.;;::... ...�: s � :�.::.:..;4. c 1/ .::.::::. .. ♦ 'n to r� -`J�� ✓' ��., .� ''+.•..•n, :��5 }'i<' r�w J 1 - CATHEDRAL OAKS _. 1 y�\S•::':.:::;;'i k, o: \ •\ r 1 �.,�-�„SX. + >: •I 1. r `'�—'— ..._ 'j��_.�"� �` \. I � Ro., •_•°' Z �t 2,�9 a' t � ' _\ Tr `✓ ( ^' �'. \ , elf cto •`� ,•. \ V\ •--_ � T{":.�y �7 Yr� - ''�. y ti::.`.. �� ,.t�� r Mf PIEASAN! 1 S.A,y -- -" � �... .. ..�.�I \`,��'1�..7;11 ,- "�!�120�\ 1:�" _ :•'^»> :.;. \�''•,�:"�...,"^ �- I„�21�io ,._, i-I �O�,�j�atOS „ ;,IoJ °, ?. - \ /` t' '�` PA B`iP/1ESERPE� M •SNi11M AZUL OPEN'Rp„y.,� � PROPOSED ADDITION TO THE 5 L f`,,__,t,?.CE gRESERVF \,�•-.� -` �- v CATHEDRAL OAKS AREA OF SIERRA AZUL OPEN SPAC: Estates PF�ESERVE ' - L, �' ' EE _ t`M1 -',AldercroH ovRedwood Heights _ Holy City vl; SEPTEMBER 1991 r �(i �> ►vrrr= Scale: 1 " — 2000' - Ott Noun �� vv-v : PAS;�A�, �. � ��� ��/�r� � i�e���� \\ ��l� ri �4.����y a�� 1 � \� Al//t��11Q„` J l�`. ._: ,n 0 I RESOLUTION NO. i RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISI- TION OF CERTAIN PROPERTIES FOR PUBLIC USE, TO WIT, FOR PUBLIC PARK, RECREATION AND OPEN SPACE PURPOSES , DESCRIBING THE PROPERTIES NECESSARY THEREFORE AND AUTHORIZING AND DIRECTING ITS RETAINED LEGAL COUNSEL TO DO EVERYTHING NECESSARY TO ACQUIRE ALL INTERESTS THEREIN (SIERRA AZUL OPEN SPACE PRESERVE - BENEFICIAL CALIFORNIA INC. PROPERTY) WHEREAS , the Board of Directors of the Midpeninsula Regional Open Space District is authorized to acquire property for public purposes , pursuant to Division 5, Chapter 3 , Sections 5540 to 5542 , of the Public Resources Code , State of California, and WHEREAS , the ert ro p p y, rights , and interests described in Exhibit "A" attached to this resolution and incorporated herein by reference (the "property" ) are necessary for public park, recreation, and open space purposes , said purposes consti- tuting a public purpose , WHEREAS , the Offer of Just Compensation required by Section 7267 . 2 of the Government Code has been made to the owners of record: Beneficial California, Inc. by letter dated September 18 , 1991 . WHEREAS , an Environmental Notice of Exemption has been prepared for the Beneficial California, Inc . Public notice has been given in the form provided by law, and members of the public have been given an opportunity for public review; I NOW, THEREFORE, BE IT RESOLVED that the Board of Direc- tors of the Midpeninsula Regional Open Space District does hereby find and determine that the public interest and necessity require the acquisition of the property for public park, recreation, and open space purposes ; BE IT FURTHER RESOLVED that acquisition of the fee (unless a lesser estate is described in Exhibit "A" ) is necessary III I I I _ therefore; and BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby find and determine that said property is located so as to be most compatible with the greatest good and cause the least private injury; and BE IT FURTHER RESOLVED that the General Manager be and is hereby authorized and directed to cause to be negotiated and/or prepared all appropriate applications to governmental agencies for grants of funds or property, legal documents and related instruments for acquisition of title to the property by gift and/or purchase, all upon terms and conditions discussed by or presented to this Board at its meeting this date or customary to this District in like transactions; provided, however, that each such application, document and instrument shall be subject to approval as to form and. content by this Board prior to its execution or delivery on behalf of the Midpeninsula Regional Open Space District; and BE IT FURTHER RESOLVED that the law firm of Meyers , Nave, Riback and West, A Professional Law Corporation, or such other legal counsel as may be selected by the General Manager, be and the same is hereby retained, instructed and directed to do everything necessary to acquire all interests in the property described in Exhibit "A" , and they are further authorized to prepare and prosecute such condemnation proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition, including the obtaining of an order for immediate possession to prevent the development and/or destruction of such property, pursuant to the Code of Civil Procedure Sec . 1255. 410 et seq. ( PIR-3A-518Y �� LILY _ d First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be closed,the seller must fumish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099,or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Intemal Revenue Code and the seller may be subject to civil or criminal penalties for failing to fumish a correct Taxpayer Identification Number. AMERI � S C ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 329 South San Antonio Road,#8 Los Altos, CA 94022 (415) 941-3320 APPLICANT: Mid Peninsula Open Space ESCROW OFFICER : Mary Ann Wakefield Attn: Craig Brittian CONTACT (415) 941-3320 C 135 FAX NO. 415 941-7982 201 San Antonio Cl. � ( ) Mt. View, CA ESCROW ORDER NO. : 554936 TITLE ORDER N0. • 554936 TITLE OF FICER : Cathy Hook REFERENCE : None Shown CUSTOMER REFE � PROPERTY ADDRESS : 18075 Soda Spring Rd. Los Gatos, CA 95030 COPIES TO: None Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988, OWNERS'S POLICY, AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This rf9ort (and any supplements or amendments thereto) is issued solely for the purpose of facili- tating 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 Commitcient should be requested. Robert J. Gilardoni Title Operations Manager i I Order No. 554936 Page 2 Dated as of April 1, 1991 at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: I BENEFICIAL CALIFORNIA INC. i The estate or interest in the land hereinafter described or referred to covered by this Report is: AFE E I AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1991-1992, a lien not yet due or payable. 2. TAXES for the fiscal year 1990-1991 1st Installment: $1,532.03, paid 2nd Installment: $1,532.03, unpaid Land : $217,547.00 Improvements : $53,060.00 Personal Property : $-0- Exemption : $-0- Assessors Parcel No. : 558-29-001 Code Area : 80-008 3. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 com- mencing with Section 75 of the California Revenue and Taxation Code. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Report R-91-113 REPORT tiMeeting 91-29 October 2, 1991 ) September 27, 1991 To : Board of Directors From : Agenda Committee ( Betsy Crowder, Ginny Babbitt, Nonette Hanko Subject : Public Communications Workshop Dear Colleagues : The Committee met with Herb Grench and Mary Hale on September 26. As a result of this meeting, the Committee is recommending the follow- ing agenda and procedure for the full Board workshop to be held on October 29. AGENDA 1. Public Communications direction for the 90s. 2 . Public Outreach - define and discuss 3. Informational Programs docents , volunteers , staff, and Board 4. 20th Anniversary 5. District Publications 6. Summary of Discussion 7 Suggestions for Implementation ( changes in staffing, budgeting , and use of consultants ) As a means of facilitating the workshop, the Committee is asking each Board member to fill out the attached questionnaire and return it to the Committee by October 9. The Committee will compile your ideas into a workable format for workshop discussion. We are also asking each Board member to facilitate one of the seven agenda topics; thereby allowing each member equal freedom in expressing views. 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 PUBLIC COMMUNICATIONS CUESTIONNAIRE ( Please!return by October 9 ) 1 Public Communications : Direction for the 90s What should this program be doing in the next ten years ? What overall level of effort do you see compared to today ? Ideas. 2 , Public Outreach Define and give views on how or if such a program would meet District and public needs , 3 Informational Programs What should be the role of docents, volunteers , staff, and Board ? Increased? Decreased ? Expanded ? 4. 20th Anniversary Should a Board committee be formed to work on this Ideas , S. District Publications ( Staff will present a display board of current and past publications ) Are current publications what we want ? or, What changes should be made ? 6. Summary (no comment necessary yet ) 7 Suggestions for Implementation Do you see an increase in regular staff ; and if so, to what degree ? To What extent would you like the communications program to be im- plemented by outside contractors vis-a-vis regular staff? Would you be amenable to hiring a marketing consultant to draft an overall communications program, including costs and benefits ? Open Space --L7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-114 (Meeting 91-29 October 2, 1991) REPORT September 27 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: M. Hale, Public Communications Coordinator SUBJECT: Coordinated Design Project Recommended Action: Approve master art work for all applications. Discussion: At your meeting of September 25, 1991 , you approved the final color production samples of the decal and patch with these modifications : 1) deeper green for mountain area; 2) rounded corners at the bottom for the decal only; and 3) connect all lines in the delineation of the foothills in the foreground area. Staff would like to clarify your intent with regard to your request for "connected lines" in the foothills drawing. Although there are cost implications, we feel that this change should be made in every application of the design, including all printed materials and signs. The vendor plans to have a prototype of the pin available for your review at your October 9 meeting. Open Space ---------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-112 (Meeting 91-29 October 2, 1991) REPORT September 26, 1991 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Rescheduling of November 27 Regular Meeting Recommended Action: Reschedule your November 27 , 1991 Regular Meeting to Wednesday, November 20, 1991 and authorize the President to adjust the meeting ' s start time based on agenda items to be discussed. Discussion: Your November 27 meeting falls on the evening before Thanksgiving and needs to be canceled or rescheduled according to your Rules of Procedure. Two regular meetings in November appear necessary at this time. The 1991-1992 Action Plan for General Management and Program Support calls for the coordination of a November Board workshop focusing on Board formulation of priorities for District activities during the 1992-1993 fiscal year. I recommend that this workshop be included as one of the agenda items for the November 20 meeting. Depending on the length of the agenda, the meeting may have to start early to provide sufficient time for the workshop discussion. i Open Space MIDPENINSULA REGK)NAL OPEN SPACE D4STRICF TO: Board of Directors FROM: H. Grench, General Manager DATE: October 2, 1991 SUBJECT: F. Y. I . Remember the painting c igerson and Dennison (painted ne or both) that was on my office wall that L...: Katherine Duffy masterpiece nu graces? Local Collaborators Reveal All. George Dennison and Frank Ingerson had a very special relationship indeed. Two local artists, their collaborative efforts resulted in the creation of masterpieces not only on canvas,but also on enamel ware,carvings,tiles and needlepoint and a frienship that lasted a lifetime. Ingerson was the first to move to Los Gatos where he was joined by Dennison a short time later, with Dennison originally starting out as the student and Ingerson as his mentor. Such close harmony is unusual between two artists,but this teacher and student managed to mesh their individual artistic abilities together in a way that allowed them to become two halves of a near perfect whole. Working out of their home,Cathedral Oaks,located on acclaimed violinist Yehudi Menuhin's estate,artwork dominated their entire lives. Some of their more famous peices include the Ark of the Covenant for Temple Enamy-El in San Francisco,which some consider their greatest work and the design of the 65 room Bliss Estate inSanta Barbara. theArk of the Covenant took 14 months to complete. When done, it was 3,000 pounds of bronze, gold repouse, old cedar, and jewel covered enameling and spanned 10 feet high. Although the two men preferred working together,there were a few individual projects that also brough them artistic acclaim. Dennison spent nine years working on a horsehead where the enamel was fired 135 times. Ingerson was one of only four people allowed to copy the ancient Greek paintin,Nozze de Aldobraudini,a great treasure that hangs in the Vatican where critics regard it as undistinguishable from the original. Collaborative works now on display at Tait Avenue Museum include a vase of flowers whose rich and vibrant colors demonstrate the men's innate ability to communicate and focus on their artwork,a large painting of two exotic birds which boasts the signature of Dennison and Ingerson and a remakable self-portrait found when the Peninsula Open Spaces took over the Menuhin estate. Also on display at Tait Avenue are what friends,who included Olivia de Haviliand,remember most about this teacher and student team-the Christmas cards sent out each year. The etchings on every card were of scenes from Cathedral Oaks demonstrating the handiwork of Dennison and Ingerson. Dennison and Ingerson continued to live and work out of Cathedral Oaks for 55 year until the death of Dennison on May 28,1966. Ingerson's death followed on March 18, 1968. Don't miss this unique artistic endeavor. The exhibit of their work has been extended through September 29th. �I Open Space 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I TO: Board of W ectors FROM nch, General Manager DATE: ptember 27 , 1991 I, „f SUB3ECT: F. Y. I. { i C I i - I CARGILL SEP 2 7 7991 SALT DIVISION 7200 Central Ave. Newark, CA 94560.4206 5101797-1820 1-800-321.1458 Admin FAX. 5101790.8162 Plant FAX: 5101790-8189 September 24 , 1991 Mr. L. Craig Britton, SR/WA Acting Land Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C-135 Mountain View, CA 94040 Subject: Letter of August 23 , 1991 Cargill Salt files: 2000.005:0-A 2000.012:13-L 2001.012:0-F Dear Mr. Britton: i i I placed a call to you the afternoon of September 18 to discuss this letter, but as of yet have not received a return call. I want to express Cargill Salt's (former- ly Leslie Salt Co. ) dismay at your response to the U.S. Army Corps of Engineers regarding our dredge lock application. First, I thought it was inappropriate to respond with- out at least having the courtesy to discuss the matter with us first. As you well know, levee maintenance and the access to the levees provided by our system of locks is absolutely critical for the company. That letter, however, serves to highlight one of our major concerns about public access on our levees. Allowing public access would further erode our ability to maintain our system, which already is under assault by agencies such as yours. The apparent disregard for our operational needs as evidenced by your comments only serves to reinforce our view that public access is incompatible with our salt-making operations. In addition, your contention that "recreational access to some Leslie Salt levees is essential to implement the Bay Trail Plan" is simply not true. As you are j well aware, the current alignment for the Bay Trail in the South Bay does not fall on any of the Cargill Salt's operational property. Mr. L. Craig Britton - September 24 , 1991 Page 2 Where possible, we have tried to encourage location of the Bay Trail onto publicly-owned and maintained lands more appropriate for trails . And we believe that we have played a role in expanding the amount of bayshore lands available for recreational and other public uses In the past decade, we have .donated or sold at below market value more than 1 ,500 acres of lan ds not in acti ve salt production ion to public agencies and non- profit groups . Some of those properties are now links in the Bay Trail system. The Ravenswood Open Space Preserve, as an example, exists because of Cargill's willingness to cooperate with your district. Cooperation in the future will require a level of trust that will be difficult to reach in view of your August 23 letter. Finally, common courtesy would have dictated a copy of your comments be sent to Cargill Salt. Along those lines, a copy of my letter is being sent to the Board of the District so board members can be apprised of our feelings. truly yo s , Robert C. Douglass Manager, Real Prop ty RCD\303 :hey cc: Board of Directors , MROSD 1 Order No. 554936 Page 3 4. RIGHTS OF THE PUBLIC over that portion of the premises lying within Soda Springs Road as it now exists. 5. A Deed of Trust to secure an indebtedness in the amount shown below and any other amounts and/or obligations secured thereby Amount : $33,999.60 Dated : June 12, 1975 Trustor : James A. Liles and Patsy Liles, husband and wife Trustee : Crocker Custody Corporation Beneficiary : Crocker National Bank Address : 3111 Stevens Creek Blvd. , San Jose, CA 95117 Lo an No : None Shown Recorded : June 16, 1975, under Series No. 5031932, Book B464, page 614, Official Records 6. A Deed of Trust to secure an indebtedness in the amount shown below and any other amounts and/or obligations secured thereby Amount : $90,000.00 Dated : September 14, 1977 Trustor : James A. Liles and Patsy S. Liles, husband and wife Trustee : Guaranty Service Corporation, a California corporation Beneficiary : Fidelity Savings and Loan Association, a corporation Address : 2000 Franklin Street, Oakland, CA 94612 Loan No. : 380-U4697-0 Recorded : September 23, 1977, under Series No. 5791994, Book D160, Page 163, Official Records i An instrument modifying the terms pertaining to said Deed of Trust Executed by : Citicorp Savings, a Federal Savings and Loan Association Recorded : April 25, 1986 in Book J671, Page 864, Official Records, SUBSTITUTION OF TRUSTEE under said Deed of Trust New Trustee : Cal-Western Reconveyance Corp. , a California corporation Recorded : February 20, 1990, under Series No. 10428074, Official Records. Order No. 554936 Page 4 I 7. EASEMENT for the purposes stated herein and incidents thereto Purpose : Roads, ingress & egress and public utilities Granted to : Patsy S. Liles, an unmarried woman Recorded : November 30, 1983 in Book I108, Page 190, Official Records Affects : A strip of land 40 feet wide, the centerline of which is described as follows: Beginning at a point in Soda Springs Road, distant S. 810 13' E. , 40.02 feet from the Suthwest corner of that certain parcel described in the Deed from James A. Liles, et ux, to Patsy-James Partnership, recorded August 26, 1983 in Book H842 of Official Records, Page 298, Santa Clara County Records; thence North 750 52' E 137.01 feet; thence S 750 56' E 105.72 feet; thence S 570 24' E 85.00 feet; thence on a curve to the left with a radius of 30.00 feet, through a central angle of 1100, having a length of 57.60 feet; thence N 120 361 E 90.00 feet; thence N 150 54' W 145.77 feet; thence N 40 06' E 115.00 feet; thence N 160 54' W 236.00 feet; thence N. 300 24' W 108.44 feet to Northerly line of said property, the side lines of said strip being extended or shortened to intersect the Northerly line of u thereof. r terminus th h Northerly M B & Matte Section 3, T. 9 S. , R. 1. W. , D y 8. Terms conditions andprovisions contained in a document Entitled : Mutual Grant of Easements Executed by : Patsy-James Partnership and Between : Allan G. Petrino, Tenly J. Petrino and Patsy S. Liles Recorded : April 25, 1986 in Book J671, Page 847, Official Records Reference is made to said document for full particulars. 9. Terms, conditions and provisions contained in a document Entitled : Road Maintenance Agreement Executed by : Patsy S. Liles and Between : Kenneth R. Ward and Gilda Jce Rall Recorded : April 25, 1986 in Book J671, Page 866, Official Records I Reference is made to said document for full particulars. I Order No. 554936 Page 5 10. A Notice of Building Code Violation, recorded September 11, 1987 in Book K291, Pa 9a 260 Official Records. 11. THE RIGHT, if any, of the United States to redeem said land within 120 days 9 1990 as provided for held on December1 from the date of the trustee's saleP by the Federal Tax Lien Act of 1966, provided Internal Revenue Service was properly notified by T. D. Service Co., trustee under said sale, as required by said Act. AND THE RIGHT, if any, of the United States to redeem said land within 120 days from the date of the trustee's sale held on January 9, 1991 as provided for by the Federal Tax Lien Act of 1966, provided Internal Revenue Service was properly notified by Beneficial Management Corporation of America, trustee under said sale, as required by said Act. If not so notified the following are purported liens: Federal Tax Lien in Favor of the United States of America Against Kenneth R. and Brenda Y. Ward Certificate No.: 778818458 For : 614.79 Recorded : November 9, 1988 in Book K751, page 2167, Official Records. Federal Tax Lien in Favor of the United States of America Against : K. Rex Ward Certificate No.: 779065623 For : 27,673.28 Recorded : August 6, 1990 in Book L440, page 1192, Official Records. 12. ANY INSUFFICIENCY in the proceedings leading up to the recording of the Trustees Deed. Prior to issuance of any insurance, an examination by this Company of the trustee's file is required. Dated : December 19, 1991 To : Ford Consumer Finance, formerly known as Ford Consumer Credit Company Recorded : December 28, 1990 in Book L579, page 745, Official Records. Order No. 554936 Page 6 13. THE RIGHT, if any, of the United States to redeem said land within 120 days from the date of the trustee's sate held on December 19, 1990, as provided for by the Federal Tax Lien Act of 1966. i State s in accord ance with the pro- visions of such sale was gi ven to the United P visions of said Act. 14. Any right or asserted right of a creditor, trustee or debtor 1n possession in bankruptcy to avoid that certain trustee's deed which recorded December 28, 1990 in Book L579, page 745, Official Records, pursuant to Title 11 U.S.C. 15. ANY INSUFFICIENCY in the proceedings leading up to the recording of the Trustees Deed. Prior to issuance of any insurance, an examination by this Company of the trustee's file is required. Dated : January 15, 1991 To : Beneficial California Inc. Recorded : February 4, 1991 in Book L608, page 1804, Official Records. 16. THE RIGHT, if any, of the United States to redeem said land within 120 days from the date of the trustee's sale held on January 9, 1991, as provided for by the Federal Tax Lien Act of 1966. Notice of such sale was given to the United States in a:cordance with the pro- visions of said Act. 17. Any right or asserted right of a creditor, trustee or debtor in possession in bankruptcy to avoid that certain trustee's deed which recorded February 4, 1991 in Book L608, page 1804, Official Records, pursuant to Title 11 U.S.C. 18. SATISFACTORY ASSURANCE that Beneficial California Inc. is in good standing in the State of California, and that its corporate charter has not been revoked by reason of failure to pay corporate taxes. 19. Any and all subsisting leases. i Order No. 554936 Page 7 NOTES: A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein t described property recorded within two years prior to the date hereof except as follows. Trustee's Deed Upon Sale From : T. D. Service Company To : Ford Consumer Finance, formerly known as Ford Consumer Credit Company Recorded : December 28, 1990 in Book L579, page 0745, Official Records. Trustee's Deed Upon Sale From : Beneficial Management Corporation of America To : Beneficial California Inc. Recorded : February 4, 1991 in Book L608, page 1804, Official Records. i B) SALE of said land is subject to the County of Santa Clara Transfer Tax of j $1.10 per thousand based on equity transferred. C) Note: Sale of said land is subject to a $10.00 user fee on each grant deed for the County Monument Preservation Fund. D) Last Insured Date: January 28, 1988 I Order No. 554936 Page 8 LEGAL DESCRIPTION: REAL property situated in the Unincorporated Area, County of Santa Clara, State of California, described as follows: Beginning at the Section corner common to Sections 3 and 4 of Township 9 South I Range 1 West and Section 33 and 34 Township 8 South Range 1 West, said corner being a 1 �i" iron pipe and original 4" x 4" Redwood post and stone mound; thence South following the Section line between said Sections 3 and 4 for a distance of 644.7 feet to an iron bar in the Alma Soda Spring Road; thence following the meanderings of said road, South 810 13' East 93.6 feet to a 3/4" iron pipe; thence South 460 55' East 169 feet to a 3/4" iron pipe; thence South 550 37' East 94.5 feet to a 3/4" iron pipe; thence South 440 32' East 104 feet to a 3/4" iron pipe; thence North 670 38' East 89.3 feet to a 3/4" iron pipe; thence North 560 55' East 80.55 feet to a 3/4" iron pipe; thence North 860 20' East 60.8 feet to a 1 16" iron pipe; thence leaving said road, North 799.3 feet to a 1" iron pipe set in the Township line between Section 3 of Township 9 South Range 1 and Section 33, Township 8 South Range 1 West; thence following the Township line North 880 9' West 574.3 feet to the place of beginning, containing 10 acres, more or less, and being a portion of Section 3, Township 9 South Range 1 West, M.D.B. &-M. Excepting from said tract of land hereinabove described all that portion thereof conveyed by Olympia A. Sofos to Zephirin Cabral and Louise Cabral , his wife, by joint tenancy deed, dated March 28, 1934 and recorded April 26, 1934 in Volume 683 of Official Records, Page 270, Santa Clara County Records, described as follows: Beginning at a " iron pipe in the Alma Soda Spring Road which bears South 810 13' East 61.74 feet from an iron bar in the Alma Soda Spring Road and in the e West M.D.B. & M. o Sec. 3 & 4 of Township 9 South Ran 1 , Section line common t P 9 South 644.7 feet along in distant S 9 said Section line from said iron bar being Section corner common to Sections 3 & 4 Township 9 South Range 1 West and 1 West thence following the meanderin s Sections 33 & 34 Township 8 South Range 9 9 of the Alma Soda Springs Road South 810 13' East 31.86 feet to a 3/4" iron pipe; (LEGAL DESCRIPTION CONTINUED NEXT PAGE) I III Order No. 554936 Page 9 LEGAL DESCRIPTION: (Continued) thence South 460 55" East 169.5 feet to a 3/4" iron pipe; thence South 550 37" East 94.6 feet to a 3/4" iron pipe; thence South 440 32" East 104.0 feet to, a 3/41' iron pipe; thence leaving said road and following down center of a small ravine North 10 19" West 92.9 feet to a 3/4" iron pipe; thence North 230 54" East 41.4 feet to a 3/4N iron pipe; thence No rth 20 231 West 35.85 fee t to " e road North 570 24" e along the Southerly side of a pr ivate 314 iron pipe, thane g Y West 103.85 feet to a %" iron pipe; thence North 750 56' West 97.44 feet to a V iron pipe; P 1 e• thence South 75 521 West 84.68 feet to the place of beginning and containing 0.72 acres more or less and being a portion of that ten acre tract formerly owned by Z. Cabral. APN: 558-29-001 April 15, 1991 D 554936 I i i I i II i I OFFICE OF COUNTY ASSESSOR ... SANTA CLARA COUNTY, CALIFORNIA 8 9/ O NpTIGE � SURREY OP.`N� MAY 'ION TO OR MA�c � rNIS MAP l`� R E pEPICTEO111j-kj� (llttENTING I31.92 AC. 45.33AC A\ _`+�_ LAND ,Ur,�[ :�r :; �,� > i��ri OF TN AtJY 1 �, t �.(. . ;,A RICAN UPON FOR it t A S SELF ,h:, i . .,;„► , R LOSS L9 ��w\ +ONE' �.. <CE'._. 4_ . . II-.,i�11Y FG � •."., .. PARCEL OR 1.„. IiIG �1r.L►aI�CE THEREON " SC.tLE -Soo OR 9.761 AC -�0 4r \ TITLE C R��,111�r1c, ( ►_ I OR ppMAGE AC I ; 16 16 AG R.O.S.436/?4 e 33 34 i i� 4, 34 35 T�►. •s •i■ n.+ �'K 4 3 9.28 AC 70.50 AC «.. / ••,,,+ ^.n•w•uw 3 Tti►. as gig 84.89 AC. LOT 4 LOT I LO i'2 n.» �• """"°e•a, �4~•4 59 4C .•• n,v �'�• w.f t . PCL P SDRiND Q ,,,,OY ,ncanar •D0D ! 20.526 AC � J �4 ?�.t.{• ROS SEE EOET,AIL Ki. A 12.219 AC 24.50 AC �25 AC �.n Z9. ZLO AC./ A-go. � Twm OF _ ..... I 3,r �OHA iA AGAA _ ( S RD. \�G DE TAIL 51 I•-zoo' 34 # � I MAC TD— o I T LEGAL DESCRIPTION: REAL property situated in the Unincorporated Area, County of Santa Clara, State of California, described as follows: Beginning at the Section corner common to Sections 3 and 4 of Township 9 South Range 1 West and Section 33 and 34 Township 8 South Range 1 West, said corner being a 1 �i" iron pipe and original 4" x 4" Redwood post and stone mound; thence South following the -Section line between said Sections 3 and 4 for a distance of 644.7 feet to an iron bar in the Alma Soda Spring Road; thence following the meanderings of said road, South 810 13' East 93.6 feet to a 3/4" iron pipe; thence South 46° 55' East 169 feet to a 3/4" iron pipe; thence South 550 37' East 94.5 feet to a 3/4" iron pipe; thence South 440 32' East 104 feet to a 3/4" iron pipe; thence North 670 38' East 89.3 feet to a 3/4" iron pipe; thence North I 560 55' East 80.55 feet to a 3/4" iron pipe; thence North 860 20' East 60.8 feet " feet to a iron t a Y iron pipe; thence leaving said road, North 799.3 f 1 , 0 1 9 PP > pipe set in the Township line between Section 3 of Township 9 South Range 1 and Section 33, Township 8 South Range 1 West; thence following the Township line North 880 9' West 574.3 feet to the place of beginning, containing 10 acres, more or less, and being a portion of Section 3, Township 9 South Range 1 West, M.D.B. k M. Excepting from said tract of land her einabove described all that portion thereof conveyed by Olympia A. Sofos to Zephirin Cabral and Louise Cabral , his wife, by joint tenancy deed, dated March 28, 1934 and recorded April 26, 1934 in Volume 683 of Official Records, Page 270, Santa Clara County Records, described as follows: Beginning at a i1" iron pipe in the Alma Soda Spring Road which bears South 810 13' East 61.74 feet from an iron bar in the Alma Soda Spring Road and in the Section line common to Sec. 3 & 4 of Township 9 South Range 1 West, M.D.B. & M. said iron bar being distant South 644.7 feet along said Section line from Section corner common to Sections 3 & 4 Township 9 South Range 1 West and Sections 33 & 34 Township 8 South Range 1 West, thence following the meanderings Alma Soda Springs Road South 81° 13' East 31.86 feet to a 3/4" iron pipe; of the Alm Sp p thence South 46° 55' East 169.5 feet to a 3/4" iron pipe; thence South 55° 37' East 94.6 feet to a 3/4" iron pipe; thence .South 44" 32' East 104.0 feet to a 3/4" iron pipe; thence leaving said road and following down center of a small ravine North 1° 19' West 92.9 feet to a 3/4" iron pipe; thence North 230 54' East 41.4 feet to a 3/4" iron pipe; thence North 20 23' West 35.85 feet to a 3/4" iron pipe; thence along the Southerly side of a private road North 570 24' West 103.85 feet to'a iiu iron pipe; thence North 750 56' West 97.44 feet to a �i" iron pipe; thence South 750 52' West 84.68 feet to the place of beginning and containing 0.72 acres more or less and being a portion of that ten acre tract formerly owned by Z. Cabral. APN: 558-29-001 i EXHIBIT Page of t i y � i i I � P ??9 400 182 car conditioning' ' 1 cz heating,inZ .r► 17419 farley road • Ill gatos ca 95030 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER, C-135 1 SAN ANTONI ..20 0 CIRCLE I I C 94040 s _ MOUNTAIN VIEW, ..A j ATTENTION: JEAN FIDDES, DISTRICT CLERK _ a • 1 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 4 August 23 , 1991 Regulatory Branch U. S . Army Corps of Engineers San Francisco District 211 Main Street San Francisco, CA 94105 SUBJECT: Response to Public Notice 19009E98 (Leslie Salt Dredging) To Whom It May Concern: The Midpeninsula Regional Open Space District owns and operates two Open Space Preserves in the baylands south of the Dumbarton Bridge on the west side of San Francisco Bay: Ravenswood (372 acres) and Stevens Creek Shoreline (55 acres) . These preserves are part of a chain of public lands along the bay shore , ultimately planned to be connected around the entire perimeter of the Bay by the Bay Trail . Recreational access to some Leslie Salt levees is essential to implement the Bay Trail Plan. A point not covered in your report is the potential negative impact of dredging on recreational use of the levees . The unconsolidated mud piled atop a levee prevents trail use for several years . It is imperative that the Bay Trail become an uninterrupted recreational route around the Bay. The proposed dredge lock activity would result in substantial undesirable impacts to the aquatic ecosystem of the bay, as detailed in your report. The District is concerned with these cumulative impacts , particularly the loss of marshland, in view of the historic loss of marshland around the bay. With the recent increase in understanding of the extent of the impacts , mitigation should now be required, even though Leslie Salt historically maintained their salt ponds this way without mitigation. Thank you for the opportunity to comment . If you have further questions , please contact me at (415) 949-5500 . S ncerely, L. Craig Britton, SR/WA Acting Land Manager LCB :mld .r i�4 201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 ` FAX: (415) 949-5679 General rttanagcr Hethert Crenc h Bn rd of Dictum R chard 8-shop.Betsy Crowder,K.tthenne Duffy.None"e Hanko,Teena Henshaw,Robert MCKshbin,Edward Shelley MIDPENINSULA :,IONAL OPEN SPACE DISTRICT Ravenswood Open Space Preserve tit ;G �L J —. a _..:; ;.;: E.'-:, .. .�� :�. 4i .:.::zz.;aa:i•3i;;z;i;:�:.'i::%':::i>::::•; pSt"lII'.-> �EAT"1 EJat'LQ[t a ... s 3v' ., 'Z c c r C • �° s Dumbar�ars 1 ^E 1 S:t Lk s - 1 �\ t `I ,.;: .... .. ', RAVENS:lCOD OPEN .... 1{z � �' `,} ' _ PACE PREStRVE � \ i � PORTION � t-` OBSERVATION DECK PEiIDING A TION c•P cry „ U 4 >f (RAC/ENS'r100D DRILL) iRsEr Y�tk� \\ : r {Est,. � 'EAST P ,. F PORTION > > r k 1 k :S:;ctar::;g� :£;;:>,,,•"::;;;:> ,. , } vice ',"t.. ''.'•:.#< {';:2%.'. s !Wit" ..: '�: � r o. .\ �t�j-� > r L�� g4LQ Af, O tFLI ATi Fr1L' r 8r=s t ., wsC E �"" d t \- cad Potnt ALTO BAYLANDS . x�• �I\ :: •�T _1_ y.•� _ �t s - - ��� -1 .....`t� • 1 !=• SALT / ' EVAPORATjORS Stevens Cre6k I .!-..Shoreline Nature / ---- — - Area : ••, BOUNDARY 11 //'�-�—�-_� / �\i -,�i _ _ _ _�L�-�.-_•- _ _.•� I'' J:�<'=�. ---------- - ;I/SewagMount n i'ew ) - — _ ;� _ ; - = I I isPosal o I SF� —I _ -- !J Shorel ,Park -! Y _ ,` . ............. 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Jj` :�---�•�. ��+i�� NAVAL -' i°® ���••• nir {•.. • 5 Q t'alrt 81 0 •' -��' " •9 '?•' - - •:r •1 �° __` .` RES�ff%i�•C-' 22 d_ *rw'r•_y- �•,.. �- ,• ` !r : - •: �_�1., •. '-�l.7 .- swuN1AIN yr w :i j,. � � :e. � / A" C �� \ �_ 4 •`�\ .6 �/ • `C SNO•[l1NE l `•r1 RD 1.4MOffETT ! ... ,rC71 d + + NAVAL // y-1' - .I:t••+r +�\'!�i.6 --t- AIR STATION I Il.r }� i•erirs..•rrorr c . •• \-°s..r..�o' .BT�� .7ti�'. Y• °t;., ^'mil' r EXHIBIT A - SITE MAP (USES) tt 13e'I+'f z. STEVENS CREEK SHORELINE ;; ` ( ` View ,A! NATURE STUDY AREA ar 9= Al1oos = ` Altos • T '!i! 1 .i 1.2 Los Altos 1 _ `Tf�pp�lt,',I • 1 1 / e.. S11.3 i 1" = 2000 ' NORTH ` .1 .1r MIDPENINSULA k,.,iONAL OPEN SPACE DISTRICT September 27 , 1991 David Gorn, Editor Peninsula Magazine 656 Bair Island Road Redwood City, CA 94063 Dear Mr. Gorn: Thank you very much for including descriptions of the open space preserves in your August "Get Out" section. We would appreciate it if you could publish this letter to let midpeninsula residents know that they could receive a free copy of our "Visitor ' s Guide to the Open Space Preserves" just by calling us at (415) 949- 5500 . This letter is also being sent to correct one error in your article, that the District is a "special independent district (much to the chagrin of the San Mateo and Santa Clara County officials) . " We are delighted with the cooperation we have received from and provided to officials in both counties and, in fact, the Santa Clara County Board of Supervisors helped the District get going. We would be pleased to provide material on exactly how well officials of the District and both counties work together to acquire, preserve, and maintain land for public use. This cooperation is so extensive that it would take an entire article to detail cooperative projects . Most recently, for example, both Boards of Supervisors supported inclusion of the District in Senate Bill 164 which provided an additional voter-approved d funding mechanism. We think your readers would enjoy hearing about how government agencies work together to meet thepublic ' s needs . Sincerely, Mary E. Hale Public Communications Coordinator Midpeninsula Regional Open Space District i MEH/dmz cc: MROSD Board of Directors i 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 FAX:(415)949-5679 General Manager:Herbert Grench Boardof Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop I i ,r �r1 , r vas .T.�1• z�` #, � y � � I � �`��I � 'Pen �a Y1� z� l zLA . AUGUST 50 I / O � d Yo u r serzously rq indzs ensable + . - �- � a n n u al X C1•4. to everything i L on the 40 CD c—�O �r O w I ems. P e n n s u a - c2ac,61 0 1I f GETTING OUT i Guided walks,nature talks.East end of Embarcadero Road, Palo Alto, (415) 329-2506; if no answer,call x2610. > The Marine Ecological Institute gives us a chance to learn about the San Francisco Bay while on board an 85- ® foot research vessel Monday-Fridays. Call for scheduling. 1200 Chesapeake Drive,off Seaport Boulevard,Redwood t City,(415) 364-2760. , •r Over 180 species of birds, 50 dif- I f. ferent mammals, 33 amphibians and 3 380.planc species are known co inhab- , s� is the.Pescadero Marsh Natural Pre- - e serve. Guided walks of the arei are fresh\`�Inc lesom • Orchards - oVoseco' fertile offered every Saturday at 10:30 a.m. 1alrnondsfro tIOU GroWnlntne i nestaualttY tune hgll,ScrUmp ondsoftnehgA,rojoseco and Sunday at 1 p.m.;bring binoculars I -� •Na Val1eY1 ndslnce ualltY and field guides. Call to determine and,lnanloaauln o ohds.AA f�shness,4 tt .•`,•.. i #^a,oftrie5 0Yoseco�ourownfacllltles, ing`Nt17u y meeting location.(415)879-0832. . become acka9edtn Last asure_.. g e are drug , Almondlsp and good 1 roceNl ores I , tmondsatYou�o y ntencest.. j v " o osecoA t au �� �gfornta < ; Open Space Preserves f -�$lpokforAR y _ 1 �rrcvos�°PTp° • '' ' ���rn`a The Midpeninsula Regional Open .V I >Natu Space District is a special indepenv ,' .• '�. 1; �� dent district (much to the chagrirI j ti'�'-� '.�.� '" �•�.. ""''•-w� `'; =� of San Mateo and Santa Clara �_ —W ft ._..�,_,.•_ _t� ,� County officials) created nearly 20 ^n. �'r " - years ago by Santa Clara County 1 1 j _ F �'"•easy , i >a,; voters (and joined by southern � } �'� `' •l � 4 . --�. SMCO voters in '76)with the sole i -� Z, '`'"^• .-,. purpose of acquiring and preserv- ' ing foothill and bayland open space for public use. 1p- :�r��,�'�::; �,:►' While the District has collected - e� t 25�such reserves (with quite a to �► ': :>. ;'� :��:�� �. Peninsula Open el from the Pe t' Space Trust, a privatel :fund y ed . 1ET UAI.TtZ,� ?: }L_ru ,fi '�' N non-profit agency),only 12 of UlTS gt' t }' them are considered "developed,' meaning trails and parking areas ' have been constructed,and maps are available on site. We've listed those. But remember, these aren't parks—in general, drinking water and restrooms won't be available. For additional information, contact the District ac (415) 949-5500. i PANAGOTACOS M.D. PETER J. > Fremont Older is a 734-acre pre- BOARD CERTIFIED DERMATOLOGIST serve named for the noted San Francis- , Hair Transplants co newspaper editor who owned a par- ' INCLUDING MICRO&MINIGRAFTS Lion of the area for 60 years.The house used to be a magnet for the personals- Ro g a i n e ties of the day,and has been leased and MINOXIDIL LOTION FOR THINNING HAIR restored "to a private party (by the Levines, publishers of Menlo Park's Free Consultation 9 2 2-3 3 44 Country Almanac), which offers group 2061 Union Street, Son Francisco tours, as well as 4.5 miles of hiking, bicycling and equestrian trails. A op- a " ular hike is from she Prospect Road . a..:a , ,.......... •�+ ti �I rE-TTINC`., OUT Open Space Preserves +or current information or rts,special events and ,.;,trance up through the hayfields to F activities in San Jose,call 265 from anytouch- flunter'S Point (offering wonderful tone telephone 24 hours a day,-id press one or several views of the Santa Clara Valley) and of the extensions listed below. From any rotary-dial telephone,call between 8:00 a.m.and 5:00 p.m.,Monday [hen around the Seven Springs Canyon through Friday and request the operator to connect you. loop trail (lots of wildlife). Parking at the end of Prospect Road, 1.5 miles F.Y.I. from its intersection with Scelling • FOR YOUR INFORMATION Road,Cupertino. 408 / 295-2265 > One of the most popular nature Aaessiblefrom any touch-tone telephone line �i I.r;tils around is the one-mile San 411 "This Week In San Jose" Andreas Fault Trail at Los Trancos,a 401 Attractions ~' i self-guided interpretive trail (starting 402 Dining&Nightlife at [he parking lot) that explains earth- 403 Museums& Galleries a quake features. You can visually track 404 Dance I the fault line from the 274-acre pre- 405 Theater serve northwards, through the Crystal 4 406 Music ' Springs Reservoir. San Francisco and • 407 Festivals&Events 408 Events By Facty Diablo are also in sight on a clear • 409 Parks&Recreiation day. An atea of rolling grassland knolls 409 Cinema and woods. Great for picnics,hikes or • 414 Shopping Centers . horseback riding.Wildflower walks are 415 Special Arts Programs led here in the Spring. Selected Recordings Courtesy of KBAY--FM San Jose j The largest of the District's pre- This service is brought to you by the - serves is Monte Bello, 2, • encompassing the entire upper Stevens Creek Watershed,including the 2,800- �f.`'� foot summit of Black Mountain, the Convcnrion&V s tors Bureau grassy slopes of Monte Bello Ridge, )' brush- and oak-covered woodlands, i and lush evergreen forest. 13 miles of - ?rV developed trails (most popular is the _i three-mile self-guided Stevens Creek Nature Trail). The best place to park a ed ;+?i is at the south side of Page Mill Road, *` z- t of its intersecti on with miles east seven mi of s ee 1 _ Hwy. 280, one mile east of Skyline -� i Boulevard.Docent-led walks are avail- able the third Saturday of every month at 10 a.m. as D The Picchetti Ranch Area is 372- os acre preserve centered around a turn- ed of-the-century winery and farm tom- ' jacent co Lower Stevens Creek n t plex,ad f/`• ;;7' ater County Park.The brick winery build- )le. I ing is open for wine tasting on Fri., ncact Sa:., and Sun. from 11-3 p.m. Orch- The Birth Place Childbirth Center is a medical facility dedicated to safe and ), ards and vineyards,oak and chaparral- gentle childbirth with minimal intervention. For more information or to schedule 1 l covered hills. Parking area can be a tour call (415) 326-7603. t e pre entered from Monte Bello Road, one Affiliated Care Providers. antis l half mile west of the Stevens Canyon a por- Road intersection. Don Creevy, M.D. house �' The most popular of all the Dis- Obstetrician (415) 851.3146 sonali crier's holdings is Rancho San Anto- ed and nio, just west of Hwy. 280 in the Los Kay F. Mills, CNM by the I :':: >s foothills.The 969-acre site varies Certified Nurse Midtcif� parks- from oak-shaded creekside settings to (415) 85) 8880 group j meadows with views of the South Bay. hiking, The preserve houses Deer Hollow A pop-.j�� Farm,a working farm operated by the The Birth Place Childbirth Center, -101 Menlo Avenue, Menlo Park, California 9402� :c Road City of Mountain View as an environ- j 61 PENINSULA AUGUST 1991 GETTING OUT Inns 1 encal education facility(it's closed on rr ie "A" list is Purisima Creek i`foridays). Ten miles of mostly gentle Rt oods Open Space Preserve, Z trails(cry the 2.3 mile Wildcat Canyon located on Skyline Boulevard, 4.5 Z loop trail). Highway 280 to Foothill miles south of Highway 92. At 2,500 • Expressway to Cristo Rey Drive, Los acres, it's one of the largest preserves. It t Altos. Main entrance through Rancho centers around Purissima Creek Can- # San Antonio County Park, where you and sports redwoods, ferns, wild- restrooms and water are available. The flowers,and hardwood forest.There are � 3 northwest lot is nearest the preserve's more than 20 miles of developed [rails, trailhead. (408)867-3654. including the one-quarter mile Red- Saratoga Gap is like a big, 607- wood Trail, which is accessible to ,..:; acre intersection of trails, acting as strollers and wheelchairs,and has a pic- trailhead for trails leading into Sanborn nic area and a rescroom available at its .. County Park, Castle Rock State Park, end.The trail has its own limited park- fA Big Basin State Park, Stevens Creek ing area two miles further south on _ ., e Park and Monte Bello Open Space Pre- Skyline Road. The preserve runs west ^; serve—you'd need a map to under- to Purisima Creek Road,which meets stand why. But it also has plenty going Verde Road, which then intersectsA }� for it on its own: Douglas fir forest, with Highway 1 a mile south of Half <.- j grassy hills dotted with large oaks and Moon Bay. 1_e RhoreThne f? andi� madrones and plenty of trails. Corner >The Duveneck Windmill Pasture ,'_`• *j-m-e' /t f ,0 . rr� Co e oln certain ' vetheirments ';` of Big Basin Way (Hwy: 9) and Sky Area is a recently upgraded 900-acre 1 line Boulevard(Hwy. 35). addition to Rancho San Antonio. It's *' our rite la a to fly;kites Is e .; >- The former Skyline Ranch proper- located in Los Altos Hills, off Rhus ;J iiq Ope pa Ive•on S '-Iner„ r ty-1,1 19 acres worth—has been con- Ridge Road(look for the small parking F �� Ievai 5eeQ trCsec��)4 c.A 4 versed into the Skyline Ridge pre- area and gate and equestrian stile to ; Ooceyou ailed % serve, offering ridgetops, pastures, your right just before you curve left up reservoirs and a Christmas tree farm. a steep hill), which intersects with 3 . chosen left'. sal 'lkssrttng More trails have been added to the Moody Road just west of Foothill Col- 1 an"'talkinga�o,ng grassesiand,hiked area, which has just recently been lege. The windmill was corn down ,up and 6" ra F illaoull,begreet by Ihng added to the District's"developed"list. about a year ago, but the area still fea- grasslatidswhlc ' over Porto-Valle'%(, The site is located near the intersection cures a quiet meadow above the valley �. L ,•i>�C,"y � � '�` Ts'� "��``�"7 of Skyline Boulevard and Alpine Road floor with views of Black Mountain the greaterenla its poi a lace for run-c / .�� �'r�z P� `� �+ 7� in the Santa Cruz Mountains. Parkin and Monte Bello Rid e, and about ray .,.tom• Ing,btit It j oG'go l the afferrloonen tfie rti "�Y�, cis available on the east side of Skyline nine miles of trails. No bicycling. s iSpGyou c lustjetie kite out^sUck?,,: Boulevard near the intersection. Call Located on the western slopes of r x� -s .�'S` � •' `,r?.s y P Y g Long Ridge Open lothegrot7nd dIreIzUi61he&Es�� the District for updated information Skyline Ridge, } ", V ' � •� on parking and use. Space Preserve features spectacular # 'UII you get rtcfiY butt Zljere are worse ways The last on the list is Wind Hill, views of BigBasin State Park, Buiano Ito loll a,few hours.~ y 1, yx �::" named after the grassy 1,900-foot hill- Ridge and nearby Devil's Canyon. It ` ►S '.V' oak to that overlooks Portola Valley. consists of grasslands, with .-.;-�— P Y �!'i� s�•.i-(/�'t�"�?*� s> Jay- � �y{tirj' 678-acre preserve, located along Sky- madrone and Douglas fir forests, and As. }{ i line Boulevard and extending eastward seven miles of trails. It's southeastern to Alpine Road,holds grassland ridges, corner connects with Stevens Creek P g b' � wood ravines (with year round creeks) County Park and Saratoga Gap Pre , and a steady blanket of fog.Nearly cen serve. You'll find it on Skyline Boule ' miles of trails, including an 8.4 mile vard,three miles north of Highway 90 �4v loop trail from the parking/picnic area Highway 85,and three miles south of along Skyline Boulevard to Alpine Page N1111 Road-Skyline Boulevard. ti Road following the Hamms Gulch > Russian Ridge lies just north of' ' Trail (an elevation change of 1,000 Skyline Ridge, at the Alpine Road .4.r feet), then to the Creek-side Trail and Skyline Boulevard intersection. Its the Razorback Ridge Trail which 1500 acres includes the 2,570-foot -- , .. recur ns you to the parking lot. Allow summit of Borel Hill and the headwa ;` about five hours. Park adjacent to Sky- cers of Mindego creek. There are six line Boulevard two miles south of La miles of trails, and depending on Honda Road, or in various turnouts whether there's fog or not, panoramic located along the preserve's perimeter. views from Monterey Bay to the East One of the Midpeninsula Open Bay hills. Space District's newest preserves to i 62 PEN INSULA AUG UST 1991 ` r •i