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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-30
REGULAR MEETING
BOARD OF DIRECTORS
A G E N D A
7 :00 P.M. 201 San Antonio Circle
Wednesday Building C - Suite 135
October 9 , 1991 Mountain View, Calif.
(7 :00) *11 ROLL CALL
APPROVAL OF MINUTES (September 25, 1991)
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS -- Public**
ADOPTION OF AGENDA
BOARD BUSINESS
(7 :15) 1 . Proposed Addition of Vidovich Property to Rancho
San Antonio Open Space Preserve - C . Britton
Resolution Authorizing Acceptance of Contingent
Purchase Agreement - Bargain Sale, Authorizing
Officer to Execute Certificate of Acceptance of
Grant to District, and Authorizing General Manager
to Execute Any and All Other Documents Necessary
or Appropriate to Closing of the Transaction
(Rancho San Antonio Open Space Preserve - Lands of
Vidovich)
(7 : 35) 2 . Coordinated Design - M. Hale
(7 :45) *** 3 . Amendment to the Use and Management Plan for
Fremont Older Open Space Preserve to Accommodate a
Neighborhood Trail Connection - N. Hanko
INFORMATIONAL REPORTS -- Directors and Staff
CLAIMS
CLOSED SESSION (Litigation, Land Negotiations, Labor
Negotiations, and Personnel Matters)
ADJOURNMENT
1! Note early starting time
*NOTE: Times are estimated and items may appear earlier or
later than listed. Agenda is subject to change of
order.
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
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 PUBLIC MEETINGS
There will be a Public Communications Workshop Meeting Tuesday,
October 29, 1991 beginning at 7:00 P.M. at the District Office.
The purpose of the meeting will be to discuss the District 's
public outreach program.
The Regular Meeting of November 27, 199.1 has been rescheduled.
The second meeting in November will be on November 20, 1991 .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-29
SPECIAL MEETING
BOARD OF DIRECTORS
October 2, 1991
MINUTES
I . ROLL CALL
President Nonette Hanko called the meeting to order at 7 : 35 P .M.
Members Present: Richard Bishop, Betsy Crowder, Kay Duffy, Nanette
Hanko, Teena Henshaw, and Robert McKibbin.
Members Absent : Ginny Babbitt.
Personnel Present: Craig Britton, Jean Fiddes , Mary Hale, John
Escobar, Del Woods, Sheryl Marioni-Cochran, Stanley Norton, Diane
Blackman, and Deborah Morvay-Zucker.
II . WRITTEN COMMUNICATIONS
There were no written communications .
III . PUBLIC HEARING
A. Determination of Public Necessity for Proposed Beneficial
California , Inc. Property Addition to Cathedral Oaks Area of
Sierra Azul Open Space Preserve (Report R-91-111 dated September_
27 , 1991)
C. Britton introduced S. Norton, District legal counsel , who
explained the District ' s eminent domain policy, the purposes for
which eminent domain is exercised, and the rights of property
owners in eminent domain proceedings.
i
i
N. Hanko asked staff if notice of the public hearing was sent to
property owners . C. Britton stated that notice was sent to
Beneficial California, Inc. at two addresses and that
subsequently a letter was received from Robert Davies and
Jeffrey White, the new owners of the property, requesting to
speak to the Board at the hearing.
D. Woods located the property proposed for acquisition on a map
and pointed out the property' s importance because of its
location within the trail corridor of the Cathedral Oaks Area of
Sierra Azul Open Space Preserve. He showed the proximity of the
property to Santa Clara County' s proposed perimeter trail around
Lexington Reservoir, east of Highway 17 . He emphasized that the
property was located between the Kennedy-Limekiln and Cathedral
Oaks areas and would provide the needed staging area for public
access to the Priest Rock Road and Weaver Road trails in the
Kennedy-Limekiln Area of Sierra Azul Open Space Preserve as well
201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679
Genera!Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Meeting 91-29 Page 2
as trails in the Cathedral Oaks Area. He stated that
connections between these areas are made difficult because of
the steepness of hillside slopes between
ween them and that the
property' s accessibility from the paved portion of Soda Springs
Road (2/10 mile) and gentle terrain of this property would make
it an excellent staging area .
D. Woods showed slides of the property that further exhibited
its location between the Cathedral Oaks and Kennedy-Limekiln
areas and explained that because of its low elevation the
parking lot and staging area could be screened by trees so its
visibility on the landscape would be minimized. The slides also
showed a structure on the property. He stated that the building
measured approximately 1, 300 square feet and that, according to
Santa Clara County assessor' s department records, the
measurement of the structure on the property is approximately
700 square feet. He added that the structure was in general
disrepair.
He stated that the public necessity for acquiring the property
included (1) its potential for public staging because it was
highly accessible and close to the lower part of Soda Springs
Road; (2) its location between Kennedy-Limekiln and Soda Springs
Road; (3) public staging could be effectively screened for the
public enjoyment of existing surrounding open space compared
with the greater visual impact of a large home; (4) grading
required for providing a staging area would be minimal ; (5)
staging was needed on the east side of Lexington Reservoir,
especially as Lexington Reservoir develops as a major public
recreation area; and (6) the property, located in a natural
trail corridor between two existing preserve areas, would
provide a needed buffer between the trail corridor and
development in the area. He also stated that proposed Use and
Management recommendations included minimal signing to prevent
public trespass on neighboring private lands , determination of
use of existing buildings on the property, development of a
parking area, natural resource protection, designation of a
management conservation unit , naming the property as an addition
to the Cathedral Oaks Area of Sierra Azul Open Space Preserve,
and dedication of the property as open space.
C . Britton reviewed the background of the District ' s attempts to
acquire the property from the owner, Kenneth Ward, during the
acquisition of the former Mayr property. He stated that the
District was informed that the property was not for sale at that
time. He added that subsequent foreclosure sales occurred on
December 28 , 1990 and February 4 , 1991 at which the District was
not able to bid. He explained that further attempts were made
by. a real estate broker, on behalf of the District, to, secure an
agreement with Beneficial California , Inc. without success . He
Meeting 91-29 Page 3
stated that District staff were finally successful at obtaining
information from a representative of Beneficial California, Inc.
that a pending sale of the property was falling through and that
they would entertain offers after August 30, 1991 . He added
that Mr. White and Mr. Davies, who were present at the meeting,
claimed that escrow had closed on their purchase of the property
although District staff had not yet been able to confirm the
transfer in Santa Clara County' s records .
He indicated that county records did include building code
violations , that staff had determined that the property was not
improved under District policy, and that work under way had not
been approved by the county. He said that if the District did
not acquire the property it appeared that it would be
redeveloped as a remodel of existing structures with a much
larger house, out-buildings and a corral .
B. Crowder stated that the statements made indicated that every
possible methodhad been attempted by staff to acquire the
property. R. McKibbin asked if Beneficial California, Inc. was
the holder of the deed of trust . C. Britton responded that it
was the holder of several deeds of trust on the property.
The Public Hearing was declared open by N. Hanko at 8 :15 P.M.
She asked if a representative of Beneficial California, Inc. was
present. No representative was present. Referring to a letter
from Jeffrey White and Robert Davies , she invited them to speak.
Robert Davies , 15215 Sobey Road, Saratoga, stated that he•had
acquired the property and that the escrow had closed. He stated
that page 2 of the staff report was misleading in its statement
that the house was in disrepair with significant code
violations. He said that the violation concerned, not the
house, but the "caboose house" substructure. He stated that the
house was lived in as recently as last year and that in the past
day the house had been made liveable, that a tenant was doing
the minor repairs necessary. He stated that he intended to
lease the house until his retirement in two years and that he
did not want to build a large house. He felt that the
acquisition would be detrimental to the District because
extensive grading of steep hills would be required and that
there were better staging area sites at the former Mayr property
and at Soda Springs Santa Clara County Water District property.
He stated that public access would pollute Santa Clara Water
District property. He also urged the Board to walk the trails
and note the steepness of the property.
Jeffrey White, 18075 Soda Springs Road, Los Gatos , recommended
an alternative site at the Pichon property across the road for
access . He stated that it made sense to acquire that property
Page 4
Meeting 91-29
nosed for
because of its location. He described the property pro. and
acquisition as a beautiful property developed with corrals
not a deterrent to open space. He stated that the neighbors are
erties for open space and
against the purchase of developed prop
that condemnation of beautiful residential property is not good
for the District ' s image. He questioned why the District
allowed construction at 17746 Soda Springs Road since it is more
visible. He pointed out that the slides of the subject property
did not show that the property is visible . He stated that as
locating a parking lot on the site it
the District considers
road is only 12 feet wide
should also consider that the access r
with an easement to the adjacent property. He concluded stating
that it had been very difficult for him during the past 4 months
to acquire the property but that he had been able to acquire it
and noted that the District had not.
N. Hanko declared the Public Hearing closed at 8 :29 P.M.
R. Bishop asked for the date of the close of escrow. Mr. *White
responded that it was Monday, September 20 . R. Bishop asked
what potential the Pichon property had for staging. D. Woods
stated that the subject property has a development potential of
the construction of a 4,000 square foot home and that if the
Pichon property was alternatively selected for a staging site it
would probably be objected residence
to by the owner of the new home. He
i the shadow of a large re
added that a staging area n would be incompatible. He stated that one important element in
concept. C . Britton added that
the acquisition is the corridor
he has walked the property and that the corridor formed there
naturally interconnects the roads .
T. Henshaw asked if the District attempted to purchase the
neighboring property referred to by Mr. White. C . Britton
responded that property acquisitions are not necessarily
considered strictly for viewshed. R. McKibbin asked if Mr.
White and Mr. Davies were contractors . Both men stated that
they were and Mr. Davies qualified his statement adding that he
was a mechanical contractor. R. Bishop asked about county road
access to the property. D. Woods stated that it would be
difficult but possible. N. Hanko asked about the portion of the
structure that violated building code. C. Britton stated that
the specifics Of the building code violation had not been
verified by the county. Mr. Davies stated that a county
official told him that the violation was against the
substructure and that the house was built according to code or
grandfathered by earlier construction.
B. Crowder asked if permits were obtained for repairs to the
property. R. Davies stated that the repairs did not require
permits .
Meeting 91-29 Page 5
D. Blackman stated that the county building inspector informed
her that no inspection has been made on the property in several
years and that- Mr. Ward had stated that there were serious
plumbing and electrical problems requiring repair. She said he
was aware that additions had been made to the house but they had
not been out to inspect it.
K. Duffy said she would vote in favor of eminent domain, since
the property was important to meet District goals.
R. McKibbin concurred that it was an important acquisition in
order to make trail connections .
R. Bishop stated that he believed the District needed the
property and that he felt the Board should proceed.
Motion: B. Crowder moved that the Board adopt Resolution 91-32 ,
a 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. ) R. McKibbin
seconded the motion.
Discussion: . N. Hanko stated that the finding of
public necessity included a
determination of the threat of
development .
The motion passed 6 to 0.
Discussion followed concerning the potential for an order for
possession and the rights of relocation for a tenant on the
property. S . Norton asked when the tenant moved into the
property. J. White responded that a tenant has been living in
the house for 20 days.
Motion: B. Crowder moved that the Board tentatively adopt the
Preliminary Use and Management Plan recommendations
contained in the report, including naming the property
as an addition to the Cathedral Oaks Area of Sierra
Azul Open Space Preserve and indicate its intention to
dedicate the property as open space. R. McKibbin
seconded the motion. The motion passed 6 to 0. .
Meeting 91-29 Page 6
C. Britton asked for approval of expenditure of $260 , 000 to take
immediate
a.a a possession of the property.
Motion: R. Bishop moved that the Board approve expenditure of
$260, 000 to take immediate possession of the property.
R. McKibbin seconded the motion. The motion passed 6
to 0 .
IV. BOARD BUSINESS
A. Coordinated Design Proiect (Report R-91-114 dated September 27 ,
1991)
Deborah Mills presented graphics for the coordinated design
project and obtained Board agreement that although birds are
part of the logo design it would not be necessary to include
them on the stationary.
Motion: N. Hanko moved that the Board approve the master
artwork for all applications. K. Duffy seconded the
motion. The motion passed 6 to 0.
B. Public Communications Workshop (Report R-91-113 dated September
27 , 1991)
N. Hanko stated that the Public Communications Workshop Agenda
Committee had prepared a questionnaire for the Board to answer
by October 9 .
I
Motion: N. Hanko moved that the Board adopt the agenda for the
Public Communications Workshop to be held October 9,
1991 , beginning 7 :00 P.M. at the District Office.
R. Bishop seconded the motion. The motion passed 6 to
0.
C. Rescheduling of November 27 Regular Meeting (Report R-91-112
dated September 26 , 1991)
Motion: T. Henshaw moved that the November 27 , 1991 regular
meeting be rescheduled to November 20, 1991 . R.
McKibbin seconded the motion. The motion passed 6 to
0.
V. INFORMATIONAL REPORTS
N. Hanko reported that she contacted Mr. Rosenbaum, organizer of the
Stanford Centennial run. She said that he offered to organize an
anniversary run for the District ' s 20th anniversary.
Meeting 91-29 Page 7
VI . CLOSED SESSION
C. Britton announced land acquisition matters to be discussed in
. . Closed Session were San Mateo County Assessor ' s parcel numbers 085-
030-090, 085-160-090 , and 085-060-100, negotiated by John Landre.
The Board recessed to Closed Session land acquisition matters at
9:17 P.M.
VII . ADJOURNMENT
The meeting was adjourned at 9:35 P.M.
Deborah Morvay-Zucker
Secretary
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1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-118
(Meeting 91-30
October 9, 1991)
REPORT
October 3, 1991
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
SUBJECT: Proposed Addition of Vidovich Property to Rancho San Antonio
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
Contingent Purchase Agreement - Bargain Sale, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the Transaction (Rancho San
Antonio Open Space Preserve - Lands of Vidovich) .
2. Reaffirm your tentative adoption of the Preliminary Use and
Management Plan recommendations, including naming the property as an
addition to Rancho San Antonio Open Space Preserve.
3. Reaffirm your intention to dedicate the property as public open
space.
Discussion
At your meeting of June 12, 1991 (see report R-91-68 dated June 5, 1991)
you adopted a resolution determining the public necessity of acquiring
approximately 280 acres of the Vidovich property. The pertinent sections
of that report are attached. Staff has met with Mr. Vidovich and his
representatives on numerous occasions since that time. The settlement
proposal is now before you in the form of the attached "Contingent
Purchase Agreement - Bargain Sale. "
In general terms, the settlement requires the District to pay $8, 500, 000
for the property, which is $1 ,770,000 below the appraised value of
$10, 270, 000. The purchase would be in the form of an option/installment
sale, wherein the District would pay $2, 000, 000 immediately after Board
approval of the purchase. The balance of $6, 500, 000, with interest, would
be due on December 31, 1992. Escrow would close and the District would
R-91-118 Page 2
take possession of the property then. One of the basic reasons for this
is to allow Mr. Vidovich time to pursue his development of the lower
quarry area. If his development plans are unsuccessful, he may elect not
to complete this transaction. This will also allow time for the District
to form a local assessment District to help finance the purchase, since at
over $30, 000 per acre this represents one of the most expensive
acquisitions by the District for a parcel of this size. The main features
of the proposed settlement are as follows:
1. Terms
1. Price Reese appraised value $10, 270,000
Gift from Vidovich (1 , 770, 000)
Bargain sale price $ 8, 500, 000
2. Terms Payable upon approval $ 2, 000, 000
Payable on 12/31/92 6, 500, 000
$ 8, 500 , 000
Additional costs:
Attorney fees (12/31/92) $ 65, 000
Interest (7 .5% from 6/13/91-
12/31/92) 752, 000
Total Cost $ 9, 317, 000
3. Main Conditions
a. Optio
n - Vidovich retains title, District to
have limited use of property for fund
raising (assessment district, etc. )
b. Contingency - Entire transaction contingent, at
Vidovich' s option, on approval of
quarry development.
c. MROSD Support - District "generally" supports lower
property development, and transaction
may be rescinded by Vidovich if
District violates trust.
d. Gift Incentives - 1. $50, 000 of the gift would be given
early to a "friends" group dedicated to
sponsoring a funding measure for the
District.
2. $1, 000, 000 of the gift would be
given early to the District upon
successful enactment of a benefit
assessment district for purchase of the
property.
e. Adjoining Parcel - To be sold at 75% of "appraised" value
after 1/1/93.
R-91-118 Page 3
f . Extension District may request and receive
extension to 5/1/93 for purposes of
completing assessment district
formation.
g. Court Action All court action to be suspended and
dismissed upon close of escrow.
Excerpts From Report R-91-68
Description of the Site
1. Property Identification
Property owners: John T. Vidovich, Kathy A. Tomaino, Mary
Jane Vidovich, Michael A. Vidovich
Size: 280.26 acres
2. Location and Boundaries (see attached map)
Regional setting: Located in Santa Clara County west of I-
280, between the southern boundary of the Town of Los Altos
Hills and the northern boundary of Rancho San Antonio Open
Space Preserve
Road access: Primary unimproved access from Stonebrook
Drive to the north; unimproved access from Ravensbury Avenue
to the southeast, with potential access from olive Tree
Lane. Public access from existing trails on Rancho San
Antonio Open Space Preserve.
Boundaries: South and west boundaries adjoin Rancho San
Antonio Open Space Preserve; private property to north and
east (low density single family residential)
Nearby public lands: Surrounded on three sides by Rancho
San Antonio Open Space Preserve; Duveneck Windmill Pasture
Area of Rancho San Antonio Open Space Preserve, and Hidden
Villa Ranch to the north; Rancho San Antonio County Park to
the south
Nearby landmarks: Black Mountain one and a half miles south
of the property; Neary Quarry is northernly on adjacent
portion of property to be developed
3. Topography and Hydrology
Prominent topographic features: Site slightly L-shaped;
three ridge areas as follows: central ridge runs in an east-
west direction rising to central knoll , which is high point
of property, second minor ridge angles northwest to
southwest, third ridge (visually the most prominent) runs
east-west through site, parallel to Rancho san Antonio Open
Space Preserve; steep slopes on both sides of ridges;
inactive quarry site on top of ridge; N. fork Permanente
Creek forms southern boundary
Elevation range: 1, 120 feet at top of knoll near western
boundary to 500 feet next to north fork of Permanente Creek
in southeast corner
Slope exposure: Primarily north and south-facing slopes;
terrain generally steep with gradients of up to 100%
Watershed: Site located within watersheds of Hale Creek and
the north fork of Permanente Creek; southern portion of site
below central ridge flows into Permanente Creek; eastern-
central portion of site is headwaters of Hale Creek, which
flows northeasterly toward the quarry
4. Geology and Soils
Seismology: San Andreas Fault located about three miles
from site; Berrocal, Shannon and Monte Vista Faults lie
immediately north of site; fault trace identified in center
of site. There is potential for seismic activity along
Berrocal Fault.
Soil classification: Site underlain by bedrock and
surficial material belonging to Franciscan formation;
Franciscan rocks include greenstone, sandstone, limestone
and serpentine; southern part of site underlain by sheared
greenstone; rest of site assigned to "melange" (a
heterogenous mass of intensely sheared rocks)
5. Flora and Fauna
Plant Communities: Coast Live Oak Woodland, Coastal Sage-
Chaparral Scrub, Serpentine outcrop (at cut bank in
southeastern portion of property) , and disturbed areas
(abandoned quarry in northwest-central portion of site,
former equestrian facility site in southeast corner,
housing pads)
III
Dominant flora: Oak Woodland: coast live oak, toyon,
poison oak, elderberry, California bay, buckeye;
Chaparral Scrub: California sage, coyote bush, buckwheat,
golden yarrow, sticky monkey flower, poison oak;
Disturbed Area: yellow star thistle, wild oats, few native
species
Fauna: Deer, raccoon, gray fox, coyote, striped skunk,
pocket gopher, deer mouse, western fence lizard, western
whiptail, western skink, gopher snake, rattlesnake, scrub
jay, California quail, mourning dove, bushtit, plain
titmouse, rufous-sided towhee, western flycatcher, hairy
woodpecker, common flicker, lesser and Lawrence's
goldfinches, dark-eyed junco, golden-crowned sparrow, Anna' s
hummingbird, wrentit, Bewick' s wren, brown towhee and white-
crowned sparrow.
6. Visual Qualities
Viewshed: Site can be seen from Rogue Valley Trail, Black
Mountain Trail, PG&E Trail and High Meadows Trail in Rancho
San Antonio Open Space Preserve; can also be seen from 1-280
and residential area of Los Altos Hills, including Moody
Road, La Loma Lane, Magdalena Avenue, Olive Tree Lane, and
Ravensbury Avenue.
7. Existing Improvements
Site improvements include gates, fences, and a dirt road
system. Unpaved trails and fire roads crisscross the site.
In the past, the trails were used by people on an informal
basis. Recently, additional fencing has been erected,
restricting trail access. Most of the site is now fenced.
A small quarry located on the central ridge is no longer in
use. A former equestrian center, located at the
southeastern edge of the site along Permanente Creek, has
been relocated. Equestrian use ended in 1988 .
8. Planning Considerations
Political boundaries: Unincorporated Santa Clara County;
within sphere of influence of Town of Los Altos Hills, but
outside its Urban Service Area
Zoning: Santa Clara County General Plan zoning is Hillside
(HS) . Under the HS designation, parcel sizes may range from
20 to 160 acres, depending on the parcel ' s slope. Uses
allowed include agricultural activities, mineral extraction,
parks, and low density recreational facilities, and in its
natural state, wildlife refuges, and very low density
residential development. The Town of Los Altos Hills
General Plan originally designated the ridge portion of the
site as Open Space Preserve. This designation allows
residential use to be considered with a minimum lot size of
10 acres; however, Measure "B" passed by the citizens of Los
Altos Hills in 1989 created a new designation, which
parallels the zoning density allowed in the county.
Master Plan rating: Medium to high ranking for suitability
as open space; since then, significant acquisitions of
adjacent lands would result in a higher rating; also, land
was protected by the Williamson Act at the time the Master
Plan was developed; removal could yield a higher rating
Regional plans:
The Master Path Plan for the Town of Los Altos Hills shows a
number of paths on the project site. The extension of
Stonebrook Drive is designated as a major connector between
Stonebrook Drive and Magdalena Avenue. Pathways are also
designated to enter the property from Olive Tree Lane and
Ravensbury Avenue.
The Santa Clara County General Plan is in accord with open
space use of the property: objective number four proposes
"to provide open space for outdoor recreational needs" , and
principle number three states "open spaces, to the extent
possible, should be linked together visually and physically
to form a system of open spaces. "
9. ' Potential Use and Management
The trail that runs along the ridge to the north of
Permanente Creek could become the main connecting route
between the Rogue Valley area of Rancho San Antonio and
Duveneck Windmill Pasture. Other access trails to the
preserve should be reinstated from Stonebrook Drive and from
Olive Tree Lane. Poorly aligned or badly eroded trail
sections should be restored or realigned.
10. Public Safety Review
A detailed site inspection to identify existing and
potential safety hazards will be performed before your final
adoption of the Preliminary Use and Management Plan. The
site will not be opened to the public until all hazards have
been identified and eliminated.
11. Preliminary Use and Management Recommendations
Signs: Install private property, preserve boundary and
trail signs where appropriate
Roads: Maintain for patrol
Trails: Reopen; restore or realign eroded sections
Gates and Fences: Remove barrier fences and install pipe
gates where necessary
Cleanup: Remove debris and weeds from former stable area
near Rogue Valley
12. Name
The property should be named as an addition to Rancho San
Antonio Open Space Preserve.
13. Dedication
I recommend that you indicate your intention to dedicate the
property as public open space.
II
- -----------
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF CONTINGENT PURCHASE
AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER
TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT
TO DISTRICT, AND AUTHORIZING GENERAL MANAGER
TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (RANCHO SAN ANTONIO OPEN SPACE
PRESERVE - LANDS OF VIDOVICH)
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 Contingent Purchase Agreement - Bargain
Sale between John T. Vidovich et al. 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
riate officer is authorized to execute a Certifi-cate cate of Acceptance on behalf of the District.
Section Three. The General Manager of the District
shall cause to be given appropriate notice of acceptance to the
seller. The General Manager further is authorized to execute any
and all other documents in escrow necessary or appropriate to the
closing of the transaction.
I
Section Four. The General Manager of the District is
authorized to expend up to $35, 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 $9, 317 ,000 from the proceeds of the next long-term District
note issue.
r
CONTIIjJGENT PURCHASE AGREEMENT - GIFT SALE
This Agreement is made and entered into by and between JOHN T. VIDOVICH,
KATHY A. TOMAINO, MARY JANE VIDOVICH and MICHAEL A. VIDOVICH hereinafter
called "Vidovich" 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 , Vidovich is the owner of that certain 358 acre property, commonly
know as the proposed "Quarry Hills Development Project" , located within an
unincorporated area of the County of Santa Clara, California and also
lying within the Sphere of Influence of the Town of Los Altos Hills , and
WHEREAS , the southern 280 acres of said property is commonly known as the
"upper quarry lands" , hereinafter called the "Open Space Property" , and
the northern 78 acres of said property is commonly known as the "lower
quarry area" , hereinafter called the "Quarry Property" , and
WHEREAS , the Quarry Property is slated for subdivision into approximately
25 homesites by Vidovich under the jurisdiction of Santa Clara County, but
within the residential density standards of the Genera
l Plan of Los Altos
Hills , and
WHEREAS , District understands that development of the Quarry Property is
proposed to be completed in part to mitigate the scarring and hazards of
the existing quarry while at the same time providing a pleasing and
orderly development that will enhance the attractiveness of the adjoining
neighborhood and the Open Space Property being acquired by District under
this Agreement, and
WHEREAS , the Open Space Property is considered to be the highest priority
category for acquisition as regionally significant public open space by
District and in a final effort to acquire the Open Space Property,
District adopted Resolution 91-24 on June 12 , 1991 , finding and
determining that the public interest and necessity require the acquisition
of the Open Space Property, a map of the Open Space Property is attached
hereto as Exhibit "A" and incorporated herein by this reference , and
WHEREAS , Vidovich understands that the purchase price being paid by
District for the Open Space Property under this Agreement , while less than
the District sponsored appraisal , is very expensive relative to all
previous District acquisitions, and therefore Vidovich is offering certain
gifts and other incentives to District in order to assist with funding and
financing of this purchase transaction, and
WHEREAS , Vidovich wishes to sell the Open Space Property to District on a
gift-sale-basis and Vidovich wishes to develop the Quarry Property in an
orderly manner, the approval of which may be necessary before Vidovich
4
i
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF CONTINGENT PURCHASE
AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER
TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT
TO DISTRICT, AND AUTHORIZING GENERAL MANAGER
TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (RANCHO SAN ANTONIO OPEN SPACE
PRESERVE - LANDS OF VIDOVICH)
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 Contingent Purchase Agreement - Bargain
Sale between John T. Vidovich et al. 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 of the District
shall cause to be given appropriate notice of acceptance to the
seller. The 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 $35, 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 $9, 317 , 000 from the proceeds of the next long-term District
to iss no e.u
* * * * * * * * * * *
Contingent Purchase Agreement - Gift Sale Page 2
agrees to conclude said sale to District, and District wishes to purchase
the Open Space Property upon the terms and conditions set forth herein;
NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows :
1 . Purchase and Sale. Vidovich agrees to sell to District and
District agrees to purchase from Vidovich, the Open Space Property located
within an unincorporated area of the County of Santa Clara, State of
California, containing approximately Two Hundred Eighty (280) acres , more
or less , and commonly referred to as all of Santa Clara County Assessor ' s
Parcel No (s) . 351-08-001 and -002; and 336-33-010; and a portion of Santa
Clara County Assessor ' s Parcel No (s) . 336-34-05 , -06 , and -07 ; and 336-33
02; and being further described in the legal description appended to the
Preliminary Title Report from Valley Title Company, dated May 28 , 1991 ;
said Preliminary Title Report attached hereto as Exhibit "B" and incorporated herein by this reference. The Open Space Property is 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 .
2 . Purchase Price . The total purchase price ( "Purchase Price" ) for
the Open Space Property shall be Ten Million Two Hundred Seventy Thousand
and No/100 Dollars ($10 , 270 , 000 - 00) , which shall be paid in the following
manner.
(a) Within forty-eight (48) hours of District approval of this
Agreement as further provided in Section 18 hereinbelow, District shall
pay the sum of Two Million and No/100 Dollars ($2 , 000 , 000 - 00) ; in cash and
simultaneously, Vidovich agrees to execute a Full Recourse Promissory Note
in said amount to bear interest at the rate of Seven and one-half percent
(7 . 5%) per annum, which shall provide for payment of principal and
interest on December 31 , 1992 (or such earlier or later date as may be
agreed by the parties) in the event Vidovich fails to close escrow through
no fault of District; said Note shall be secured by a Deed of Trust
against the Open Space Property. In the event escrow closes as stipulated
herein, all accrued interest, if any, shall be waived by District and said
principal amount of $2 , 000 , 000 - 00 shall be credited against the Purchase
Price.
(b) At the Closing (as defined in Section 8 hereof) , District shall
pay the balance due of Eight Million Two Hundred Seventy Thousand and
No/100 Dollars ($8 , 270 , 000 - 00) plus an amount equal to six Million Five
Hundred Thousand and No/100 Dollars ($6 , 500 , 000 - 00) times simple interest
at the rate of Seven and one half percent (7 . 5%) from June 13 , 1991 to the
date of Closing, or
(c) As an alternative , and in lieu of the payment of cash in the
principal amount stipulated in Section (b) above (with the interest amount
remaining fully due and payable in cash) , District may pay all or any
Contingent Purchase Agreement - Gift Sale Page 3
portion of said amount in Promissory Notes which are to be issued in
denominations of no less than $5, 000 and at such rate and terms which will
assure that District can guarantee to Vidovich that such Notes will be
saleable by Vidovich at "par" , simultaneously with the Closing. At the
option of the District said Notes may be subordinated to existing District
public notes issues and may be secured by the open Space Property.
(d) At the Closing, Vidovich shall make a cash gift to District in
the amount of One Million Seven Hundred Seventy Thousand and No/100
Dollars ($1 , 770 , 000 - 00) ; provided, however, that any advance gifts made by
Vidovich to District in accordance with the provisions of Section 3
hereinbelow are deducted therefrom, at the request of Vidovich.
3. Funding Incentives . A portion of the gift of funds described in
Section 2 (d) hereinabove, may be paid in advance by Vidovich in the
following manner:
(a) Because Vidovich wishes to support a District-wide ballot
measure to finance purchase of the Open Space Property and other potential
$50 , 000 to an
open space acquisitions , Vidovich shall pay the sum of
official political action group dedicated solely to encouraging voter
acceptance of such a funding measure; provided, however, that if no such
group is founded prior to the Closing, as described in Section 8 herein,
said amount will be paid directly to District at the Closing .
(b) In the event that the local homeowners surrounding the Open
Space Property agree to form a benefit assessment district for the sole
purpose of assisting District with the acquisition of the Open Space
Property, Vidovich will , within 30 days of the formation of such
assessment district, match on a dollar-for-dollar basis , up to $1 , 000 , 000 ,
of the net principal amount to be received by District .
4 . Waiver of Statutory Compensation. Vidovich and District
understand and agree that Vidovich may be entitled to receive the fair
market value of the Open Space Property described in Exhibit "B" , 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. Vidovich hereby waives any and all existing and/or future
rights Vidovich 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 . And further, in
acknowledgement of the substantial gift being made by Vidovich to District
hereinunder, District shall execute and submit into escrow, IRS Form 8283
acknowledging receipt of said gift.
5. Condition Precedent. The obligations of Vidovich to sell and
convey the Open Space Property as described herein, to District, may, at
Contingent Purchase Agreement Gift Sale Page
� Vidovich ' s option, be conditioned upon Vidovich receiving permission from
the County of Santa Clara (with the cooperation of the Town of Los Altos
Hill's , as necessary) to develop the Quarry Property with approximately 25
single family homesites ; such permission could take the form of a County
General Plan amendment, appropriate zoning changes , letter of conditional
approval , or tentative map approval from either or both of the
jurisdictions having authority;
provided, however, if escrow fails to close through no fault of District,
Vidovich shall return to District any and all monies advanced by District,
together with interest thereon as provided in Section 2 (a) hereinabove .
6 . Quarry Development Confirmation. A major and critical
consideration for Vidovich to enter into this Agreement is realizing the
potential of developing the Quarry Property into approximately 25
residential lots . Development of this area represents an opportunity for
the community, as the site is currently in an unsightly and
environmentally degraded condition, is surrounded on three sides by
existing urban development and proposed to be adjoined by public open
space along the remaining boundary. The District realizes that
development approval within the County jurisdiction will require a General
Plan amendment; however , the unique aspects of this site , reclamation of
the quarry, and the fact that the County General Plan recognizes and
favors use and development of .unincorporated land that lies within a
City' s sphere of influence be consistent with that City' s General Plan,
make this proposal reasonable . The overwhelming voter passage of Measure
"B" can be interpreted as support of open space use for the Open Space
Property, as well as development of the Quarry Property in a manner
consistent with t'he Town General Plan. Such circumstances do not exist
anywhere else in Santa Clara County and a change in the County General
Plan to accommodate this proposal cannot be deemed as setting a precedent
of any kind. However, the District, since it is pursuing the regionally
significant public open space as the subject of this Agreement, will
support the development proposed for Quarry Property in a manner
acceptable to District and consistent with District policy objectives . In
the event that District purposefully acts or states positions in conflict
with the terms of this Agreement or specifically this Section 6 , Vidovich
shall have the right to instigate litigation to rescind this Agreement and
nullify the purchase and sale of the Open Space Property.
7 . District Use of the Open Space Property. During the term of
this Agreement, Vidovich shall retain possession of the Open Space
Property while allowing members of the general public to use the
connecting trails by written permission only, which is a status-quo
condition; provided, however, that District shall be able to continue
patrol and maintenance use of existing roads relative to management of
District ' s Rancho San Antonio and Windmill Pasture Open Space Preserves ,
further provided; however, that District may ,hold fund raising events and
community support meetings on the Open Space Property upon giving Vidovich
ten (10) days advance written notice, for the purpose of furthering the
Contingent Purchase Agreement - Gift Sale Page 5
II
cause of forming a benefit assessment district or district-wide funding
measure .
8 . Escrow. Promptly upon execution of this Agreement, in accord-
ance with Section 18 herein, an escrow shall be opened at Santa Clara Land
Title Company,, 701 Miller Street, San Jose , California 95110 , phone number
(408) 288-7800 , or other title company acceptable to District and Vidovich
(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
supplementary or customary escrow instructions as Escrow Holder may
reasonably require. 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) There shall be on initial close of escrow for the payment
provided in Section 2 (a) above, which shall include delivery of funds to
Vidovich, delivery of the executed Note to District, recordation of the
Deed of Trust in Santa Clara County, and recordation of the Memorandum of
Agreement in Santa Clara County as provided in Section 17 .
(b) The time provided for in the escrow for the final close
December 31 1992 • provided, however , that
ecem
thereof shall b e an or before D ,
1 1993 up
on
as May P
s late ,
Closing to a Y
District may extend the time for Cl g
III giving written notice to Vidovich on or before August 1 , 1992 that such
extension is necessary if , and only if , the voters of the District are
scheduled to vote on a local assessment District or District-wide funding
measure to assist District in raising the money needed for purchase of the
Open Space Property, and further provided, however , that the parties may,
by written agreement, otherwise 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.
(c) Vidovich and District shall , during the escrow period,
s and perform an
exe
cute an and all document p Y and all acts reasonably
Y
necessary or appropriate to consummate the purchase and sale pursuant to
the terms of this Agreement.
(d) Vidovich shah deposit into the escrow on or before the
Closing:
i the
properly o erl executed and recordable Grant Deed
P P
covering the Open Space Property,
(ii) the remaining amount of the Vidovich cash "gift" as
provided in Sections 2 (d) and 3 herein.
Contingent Purchase Agreement - Gift Sale Page 6
(e) District shall deposit into the escrow, on or before the
Closing:
M 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 (or wire transfer) payable to Escrow
Holder in the amount (depending on District ' s option) necessary to satisfy
the Purchase Price as stipulated in Sections 2 (b) and 2 (c) hereinabove,
(iii) The Notes (depending on District ' s option) in the
amount necessary to satisfy the Purchase Price as stipulated in Section
2 (c) hereinabove; in the event said District "Notes" are "secured" , at
District option, the executed and recordable Deed of Trust required
therefore.
(f) District shall pay for the escrow fees , the CLTA Standard
Policy of Title Insurance, if required by District, and all recording
costs and fees . All other costs or expenses not otherwise provided for in
this Agreement shall be apportioned or allocated between District and
Vidovich in the manner customary in Santa Clara County. 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 .
(g) Vidovich shall cause Santa Clara Land Title Company,
(Escrow No. SP62471) or other title company acceptable to District and
Vidovich, 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 $10 , 270 , 000 . 00 for the Open Space
Property, showing title to the Open Space Property vested in fee simple in
District, subject only to: (i) current real property taxes; (ii) such
easements as Vidovich may reasonably require for the safe and proper
development of the Quarry Property, such as , but not limited to, ingress
for landslide stabilization, slope easements , emergency fire access ,
underground utilities , etc . ; and such easement requirements shall survive
the Closing; (iii) title exceptions 1 through 16 as listed in said
Preliminary Title Report attached hereto as Exhibit "B" ; (iv) and such
additional title exceptions which may be acceptable to District . In the
event District disapproves of any additional title exceptions and Vidovich
is unable to remove any District disapproved exceptions after a good-
faith, diligent effort to remove same, but before the time set forth for
the Closing, District shall have the right to select one of the following
courses of action: (i) to terminate the escrow provided for herein (after
giving written notice to Vidovich of such disapproved exceptions and
affording Vidovich at least (20) days to remove such exceptions) and then
Escrow Holder and Vidovich shall , upon District ' s direction, return to the
parties depositing the same, all monies and documents theretofore
delivered to Escrow Holder, or; (ii) require Vidovich to immediately enter
into negotiations with District to ameliorate the effect of such
disapproved title exceptions to District satisfaction, or; (iii) to
Contingent Purchase Agreement Gift Sale Page 7
require Vidovich to commence legal action or other remedies necessary to
eliminate such title exceptions , or; (iv) to close the escrow and
consummate the purchase of the Open Space Property.
W 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 Trust Deed, if
appropriate) to be recorded in the office of the County Recorder of Santa
Clara County. Upon Closing, Escrow Holder shall cause to be delivered to
District the original of the policy of the title insurance if required
herein and balance of the "gift" funds, and to Vidovich Escrow Holder ' s
check for the full Purchase Price of the Open Space Property (less
Vidovich' s portion of the expenses described in Section 8 (f) ) , and to
District or Vidovich, 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 .
9 . 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 escrow.
10 . Leases or Occupancy of Premises . Vidovich warrants that there
exist no oral or written leases or rental agreements affecting all or any
portion of the Open Space Property. Vidovich 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 seq. Vidovich understands and agrees that
the provisions of this paragraph shall survive the close of escrow and
recordation of any Grant Deed (s) .
11 . Vidovich' s Representations and Warranties . For the purpose of
consummating the sale and purchase of the Open Space Property in
accordance herewith, Vidovich represents and warrants to District that as
of the date this Agreement is fully executed and as of the date of
Closing:
Contingent Purchase Agreement - Gift Sale Page 8
11 . 01 Authority. Vidovich has the full right, power and
authority to enter into this Agreement and to perform the transactions
contemplated hereunder.
11 . 02 Valid and Binding Agreements . This Agreement and all
other documents delivered by Vidovich to District now or at the Closing
have been or will be duly authorized and executed and delivered by
Vidovich and are legal , valid and binding obligations of Vidovich
sufficient to convey to District the Open Space Property described
therein, and are enforceable in accordance with their respective terms and
do not violate any provisions of any agreement to which Vidovich is a
party or by which Vidovich may be bound or any articles, bylaws or
corporate resolutions of Vidovich.
11 . 03 Good Title. Vidovich has and at the Closing date shall
have good, marketable and indefeasible fee simple title to the Open Space
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 ur1recorded 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
Vidovich 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 .
12 . Integrity of Property. Except as otherwise provided herein or
by express written permission granted by District, Vidovich shall not ,
between the time of Vidovich' s execution hereof and the close of escrow,
cause or allow any physical changes on the Open Space 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 Open Space Property, except as reasonably necessary for development of
the adjoining Quarry Property.
13 . Hazardous Substances . "Hazardous substance" as used herein
means and includes polychlorinated biphenyls (PCBs) , benzene , asbestos or
any other substance the placement , storage or removal of which is
prohibited or regulated by federal , state or local law.
(a) Vidovich warrants and represents that:
(i) During Vidovich' s ownership of the Open Space Property
Vidovich has not placed or stored , or allowed to be placed or stored any
hazardous substance on the Open Space Property.
(ii) Vidovich has no knowledge of the presence on the
Property of any hazardous substance, whenever or however placed or stored.
Contingent Purchase Agreement - Gift Sale Page
(b) if hazardous ,substances .are subsequently found to exist on
the Open Space Property, District may exercise its right to bring an
action if necessary to recover cleanup costs from Vidovich or any other
person or persons who are ultimately determined to have responsibility for
the hazardous substances on the Open Space Property. However, under no
circumstances shall Vidovich be held liable for costs other than those
incurred in the cleanup of the hazardous substances resulting from
Vidovich' s ownership and operation of the Open Space Property.
14 . Bargain Sale of Adjoining Lands . Vidovich agrees to sell to
District and District agrees to buy from Vidovich, the adjoining 3 . 486
acre parcel commonly known as Santa Clara County Assessor ' s Parcel No.
351-08-26 , on the following basis :
(a) The closing date shall be anytime after January 1 , 1993 but
prior to January 1 , 1994 , at the election of the District.
(b) The purchase price shall be 75% of the appraised value as
adjusted.
(c) District and Rex Lindsay, .on behalf of Vidovich, shall
mutually agree on an appraiser acceptable to them. If they shall not
agree, then they shall each submit a list of 3 names to the Presiding
Judge in Santa Clara county and the Judge ' s selection shall be final . The
appraiser must have extensive experience in appraising property in Santa
Clara County. The parties agree that the appraiser who is best qualified
by experience, reputation and familiarity should be chosen as the
appraiser.
(d) The appraiser shall assume that the property has the
necessary easements for access and utilities .
(e) In lieu of said appraisal, Mr . Lindsay and the District can
negotiate a price which shall be binding on Vidovich.
(f) The appraisal date shall be mutually agreed upon, and shall
be adjusted by an amount equal to seven and one-half percent per annum
(7 . 5%) from the date of appraisal to the closing of the transaction.
15 . Moratorium and Dismissal of Court Action. The parties shall
cooperate to the fullest extent possible to hold in abeyance all legal
proceedings in reference to Santa Clara County Superior Court Case No.
712461 (Midpeninsula Regional Open Space District vs . Vidovich, et al . ) to
minimize further legal expenses in said action, and cross-complaints by
any and all parties thereto. Upon close of escrow, District shall
forthwith dismiss with prejudice its said Action No. 712461 and Vidovich
shall further discuss the cross-complaints in such action and District and
Vidovich shall be responsible for and pay their own costs and attorney
fees in connection with said action and cross-complaint; provided,
however, that District shall pay to Vidovich the sum of Sixty-five
Contingent Purchase Agreement - Gift Sale Page 10
Thousand and No/100 Dollars ($65, 000 . 00) _ at the Closing as- payment of a
portion of Vidovich' s attorneys fees .
16 . Miscellaneous Provisions .
16 . 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 .
16 . 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 .
16 . 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.
16 . 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.
16 . 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 addressed as follows :
Contingent Purchase Agreement - Gift Sale Page 1 ,
Vidovich: John T. Vidovich
c/o De Anza Property
920 West Fremont Avenue
Sunnyvale, CA 94087
(408) 738-4444
FAX (408) 738-0231
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, facsimile copy, or cable , a conformed copy of such
telegraphic, facsimilied, 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.
16 . 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 .
Contingent Purchase Agreement - Gift Sale Page 1
16 . 07 Counterparts : This Agreement may be executed in separat,
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.
16 . 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.
16 . 09 Broker' s Commission. District and Vidovich represent and
acknowledge that no broker ' s commission or finder ' s fee is payable by
either party with regard to this transaction. Each party agrees to and
does hereby indemnify and hold the other harmless from and against any anc
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.
16 .10 Time of Essence . Time is of the essence of each
provision of this Agreement in which time is an element .
16 . 11 Survival of Covenants . All covenants of District or
Vidovich 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 .
16 . 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.
16 . 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 anc
carry into effect the transactions described and contemplated under this
Agreement.
16 . 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.
16 . 15 Captions . Captions are provided herein for convenience
only and they form no part of this Agreement and are not to serve as a
Contingent Purchase Agreement - Gift Sale Page 13
l
basis for interpretation or construction of this Agreement, nor as
evidence of the intention of the parties hereto.
16. 16 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.
I
17 . Recordation. A Memorandum of this Agreement shall be executed
by both parties hereto in such form as to enable recordation in the
official records of the Recorders Office of the County of Santa Clara.
18 . Acceptance. Provided that this Agreement is signed by Vidovich
and returned to District on or before September 20, 1991 District shall
have until midnight October 9 , 1991 to accept and execute this Agreement
and during said period this instrument shall constitute an irrevocable
offer by Vidovich to sell and convey the Property to District for the
consideration and under the terms and conditions herein set forth.
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.
/Il
/11
//i
i
Contingent Purchase Agreement - Gift Sale page 1,
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 .
MIDPENIivSULA REGIONAL OPEN SPACE Seller
DISTRICT
APPROVED AS TO FORM:
oh T. Vidovich
Stanley Nor n,' Distric Counsel
ACCEPT FOR RECOMMENDATION: l <�'L A 1t ��1J
Kathy A. omaino
Date :_
L. Craig Britton, SR/WA
Land Acquisition Manager
j
APPROVED AND ACCEPTED: nary 3a e. Vidovich
Date: .
Presiden
t, Board of Directors
r
r �
Mic' ael A. Vidovich
Date : -/
ATTEST:
District Clerk
Date :
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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-115
(Meeting 91-30
October 9 , 1991)
REPORT
September 30 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: M. Hale, Public Communications
Coordinator
SUBJECT: Coordinated Design
Recommended Actions: 1 . Approve final colors and design for
District pin.
2 . Approve use of California state seal for
the badge worn by District rangers .
Discussion: Staff expects to receive a prototype of the District
pin for your review of the colors used. Consultant Deborah Mills
will review cost and production time implications for any
possible modifications requested by the Board at the October 2 ,
1991 meeting.
Operations Supervisor John Escobar has requested that the
California state seal replace the "leaf" design on the rangers '
badges . The use of the seal will provide a higher public profile
and greater consistency with other agencies for the authority
conferred upon the rangers as peace officers . There will be good
visibility for the District ' s identification on the new patch,
worn on the shoulder area of all District field staff .
The cost of producing badges with the state seal will be less
than with the. new logo, because the state seal is available in
ready-made quantities , while the new logo would need to have new
artwork, a die made, and then production samples made before the
final badges could be manufactured.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-117
(Meeting 91-30
October 9 , 1991)
REPORT
October 1 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Acting Land Manager;
S. Marioni Cochran, Associate
Open Space Planner; C. Bruins ,
Administrative Assistant
SUBJECT: Amendment to the Use and Management Plan for Fremont
Older Open Space Preserve to Accommodate a Neighborhood
Trail Connection
Recommended Action: Adopt the amendment to the Use and
Management Plan for Fremont Older Open Space Preserve to allow
construction of a trail connecting private open space lands owned
by Regnart Ridge Homeowners ' Association to the preserve ' s public
trail system.
Discussion: At your November 7 , 1991 meeting, you approved the
Use and Management Plan for Fremont Older Open Space Preserve
(see report R-90-130 dated October 31 , 1991) . Final adoption of
the plan occurred at your November 28 , 1991 meeting (see report
R-90-141 dated November 14 , 1991) .
The Regnart Ridge Homeowners ' Association is now requesting an
amendment to the plan to allow trail access from private open
space lands owned by the association to the preserve ' s public
trail system. Their proposal is attached as Exhibit A. It
includes a map delineating the proposed access trail.
An approximate 200-foot section of this trail is located on
adjacent Fremont Older Open Space Preserve . This section was
constructed by the homeowners ' association without District
approval . Staff inspected the new trail and found it did not
meet District standards . The average slope of the trail is 20%.
The District standard for new trail construction is a maximum
slope of 10%.
Staff flagged a more appropriate trail alignment on District land
that meets District standards . The new alignment is
approximately 300 feet long. Staff recommends that the trail be
constructed by District staff with the assistance of Gene
Sheehan, trail consultant. The homeowners ' association agrees to
pay the District $4 . 50 per foot of constructed trail . This
amount would cover the following:
91-117 Page 2
1. construction supervision and trail layout by
consultant,
2. equipment rental,
3. District field staff time (brush removal , trail
construction and finish work) , and
4 . miscellaneous materials and supplies.
The association will be required to submit a signed letter of
agreement and a $1 , 500 deposit before trail construction begins .
RESPONSE AC' '',W POSED BY STAFF
Board President Acknowledge/Respond EXHIBIT A
Director Acknowledge/Respond 0 "k
iU + J ae,J
Staff Acknowledge/Respond
X Staff Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s) June 27 , 1991
No Response Necessary
MMMI
Board of Directors
Midpeninsula Regional Open Space District I
201 San Antonio Circle, Suite C-135
Mountain View, California 94040
Dear Board Member ,
The Regnart Ridge Homeowners ' Association is requesting an
amendment to the Fremont Older Use and Management Plan to
allow access to the M.R.O. S.D. ridge trail from our adjacent
R.R.H.A. 20 acre open space area . The proposed access trail
is delineated on the enclosed map.
Please excuse our error in that the section of trail , which
we are asking you to approve, has already been constructed .
Some brush was initially cleared between our trail and the
M.R.O. S .D. ridge trail to allow your staff to understand our
request . After we were notified that a formal application
was required , and before it was submitted, a member of our
association, believing he was being helpful , dug the trail .
I can assure you we were well-intentioned in our effort ,
however , if necessary, we will obliterate the existing trail
and restore the land and vegetation to your satisfaction .
Thank you for your consideration . We appreciate having the
District ' s property adjacent to us . You manage the preserve
commendably . We are desirous of being good neighbors , and
managing our property similarly . The homeowners would
certainly appreciate being allowed to tie our trails
together .
Sincerely,
Robert Nellis
Regnart Ridge Homeowners ' Association
22322 Regnart Road
Cupertino, CA 95014
(408 ) 252-7750
cc Steve Andrews , President R.R.H.A.
enclosure
i
Z \�
N
1'
Open Space
1
1 `-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 11, 1991
Robert Nellis
Regnart Ridge Homeowner's Association
22322 Regnart Road
Cupertino, CA 95014
Dear Mr. Nellis:
We have received your request to amend the Fremont Older Use and
Management Plan to allow trail access to the ridge trail from your
adjacent open space land.
I will be meeting with our field staff next week to field check the
trail Regnart Ridge Homeowner's Association recently built. We
will be looking closely at the trail alignment to determine if it
can remain or an alternative alignment be proposed.,
i
i
I will contact you after our field visit to discuss our findings.
trail alig
nment is found our
an ac
ceptable table �
As
suming g
g
P
recommendations will be presented to the District's Board of
Directors when time permits.
Thank you for your cooperation.
Sincerel/Marioni
yours,
Sheryl Cochran
Associate Open Space Planner
cc: L. Craig Britton, Acting Land Manager
Del Woods, Principal Open Space Planner
i
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,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
` Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Report R-91-113
REPORT ;Meeting 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.
i
201 San Antonio Circle,Suite C-135 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 , vblunteers , staff, and Board ?
Increased? Decreased ? Expanded ?
4. 20th Anniversary
Should a Board committee be formed to work on this ?
Ideas .
I
5. 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
i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
DATE: September 27 , 1991
SUBJECT: F. Y. I .
Remember the painting Ingerson and Dennison (painte y one or both) that was
on my office wall that the Katherine Duffy masterpiece now 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 in Santa Barbara.the Ark 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 Havilland,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.
Al
�v�ir
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 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 (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
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
P 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 lands not in
active salt production 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
g
i,
Manager, Real Prop ty
RCD\303 :hey
I
cc: Board of Directors, MROSD
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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 .
S4'ncerely,
-4 — Britton,�:: IZV 1�h
L. Craig Britton, SR/WA
Acting Land Manager
LCB :mld
Al.41
201 San Antonio Circle, Suite C-135 • mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
DATE: October 4 , 1991
SUBJECT: F. Y. I .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 2, 1991
Planning Commission
Santa Clara County
70 West Hedding
San Jose, CA 95110
Subject: Trail Dedication Policies and Practices
i
Dear Planning Commissioners:
The Midpeninsula Regional Open Space District supports adoption of the Santa Clara
County's Trail Easement Dedication Policies and Practices dated August, 1991. We
encourage you to leave the original document intact and reject the three proposed
amendments.
In the nearly twenty years that the Midpeninsula Regional Open Space District has
been in existence, the District has strived to create a greenbelt of recreational lands
on the peninsula. In many instances, our lands adjoin County park lands. It is this
corridor of public lands and trails, readily accessible to the residents of the peninsula,
that has helped to make Santa Clara County a desirable place to live.
The District is very committed to working with the San Francisco Bay Area Ridge Trail
Council to complete the 400-mile trail along the ridges encircling the San Francisco
Bay. We are also very involved in planning the San Francisco Bay Trail. Both of these
trails may become dependent upon the County's Trail Dedication Policies for
completion. Please leave the August, 1991 document intact so that this may happen.
Sincerely,
Nonette Hanko
President, Board of Directors
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
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Testimony to House Subcommittee on National Parks
and Public Lands
by Herbert Grench, General Manager
Midpeninsula Regional Open Space District
Mr. Chairman, Members of the Committee:
Thank you for the opportunity to appear today in support of HR2062, a bill to extend
the boundary of the Golden Gate National Recreation Area to include 1,257 acres in
San Mateo County, California.
I am Herb Grench, representing the Midpeninsula Regional Open Space District of
which I am General Manager. The Midpeninsula Regional Open Space District,
operating in San Mateo and Santa Clara counties on the San Francisco peninsula, is a
special district established by voters and operating under the California state law. The
District is under the policy direction of a seven member elected board of directors.
Since 1972 we have acquired almost 35,000 acres of open space for public use and
enjoyment. Our political boundaries include 16 cities and 550,000 residents within a
330 square mile area.
With the establishment of the Golden Gate National Recreation Area in San Mateo
County, it was our hope and that of local county and municipal parks departments,
that the Phleger property would eventually become part of the GGNRA, thus linking
the rare and beautiful corridor of federally protected lands with those many thousands
of acres owned by local public parks entities. From the maps you have been given,
you can see the property's strategic location and its importance to the existing
GGNRA lands as well as to the other protected public lands. It is immediately
accessible to millions of local citizens and visitors by public transportation and
highways. Even beyond its important location, the enormous resource value of this
land is reason enough to recommend its inclusion in the park. The creation of such a
wildlife corridor and expanse of protected, natural lands adjacent to a highly urbanized
congested area demonstrates the value of people working together doing what some
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
thought to be an impossible task. Your support of HR2062 is essential in this plan.
We always felt that if our hopes were to be realized it would be necessary to make the
addition of this land to the GGNRA through a partnership with the Park Service.
Although this committee is meeting to discuss the boundary extension, not the
financing of the project, I know it will be important to you to know that if legislation
is enacted which will fund $10.5 million of this $25 million acquisition, MROSD will
provide $6 million in local tax dollars to join the $8.5 million in private funds to
complete the acquisition package. This partnership between non-profit land
conservancies, private parties, our local governmental agency and the federal
government would be a fitting testimonial on the occasion of the 75th anniversary of
the National Park Service. In addition, we have met with the staff of the GGNRA
and have offered to manage the property for five years without cost to the Park
Service if this will help in making the acquisition a reality.
I'd also like to say a few words about the Peninsula Open Space Trust (POST) at this
point. MROSD helped to found the organization almost 15 years ago. We have
worked together on over 50 park and open space projects since that time. Working
with our district as well as county parks departments, state agencies, the Fish and
Wildlife Service and other non-profit organizations, POST has raised more funds,
taken more risks and saved more land than we ever envisioned would be possible.
Their extraordinary success is due to hard work, skill and dedication. By design,
POST retains a very small (only 5 employees), well-trained staff so that they are able
to focus their resources directly on land-saving work. From experience I know POST
keeps its promises and delivers. In the Phleger projects we have a
private i
P r partner that
has "bet the store" but has the ability to put the pieces of this very complex project
together.
The beauty of this land, its important natural resources, its recreational use and its
strategic location make the acquisition of the greatest importance. Locally, both the
public and private sectors have made unprecedented contributions to its protection. I
i
respectfully urge you to recommend adoption of HR2062.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
DATE: October 9, 1991
SUBJECT: F. Y. I .
October 9, 1991
HISTORY OF TEAGUE HILL OPEN SPACE PRESERVE ACQUISITION
In 1988 the Midpeninsula Regional Open Space District
acquired 624 acres of land in Woodside from Willen Corporation
and Block Brothers Industries for $7 . 5 million. The property had
been variously referred to over the years as the Summit Springs
property, Kings Mountain property or Erickson property. In order
to fund such a large project in the short time available, the
District temporarily relied upon a combination of a $6. 5 million
state Proposition 70 grant and regular District revenues,
primarily property tax income. This one grant project used all
but $2. 5 million that was available in the proposition for six
projects District-wide. As part of the decision to acquire the
property while attending to other high priority acquisition
projects, the District also decided to recapture a portion of the
purchase price through sale of two 35 acre parcels that were
determined through a planning study to be the most developable
without destroying the integrity of the 554 acre remainder. The
District ' s appraisal for the 70 acres was $3.6 million, a figure
substantiated by offers to purchase by private parties (even
after the 1990 rezoning by the Town) . Subsequently, the District
agreed to sell the 70 acres to the Town of Woodside at a bargain
price of $2 . 5 million provided the land was guaranteed as
permanent open space.
Another challenging opportunity arose this year as the
Peninsula Open Space Trust put together a proposed funding
package for the $30 million Phleget estate property in Woodside.
The District pledged $6 million toward the purchase of this 1 , 300
IIIacre site with the understanding that the sale of the 70 acres to
Woodside or a private party would help meet that obligation.
Thus, proceeds from an assessment district would not only
protect the remaining 70 acres and contribute to the Teague Hill
Open Space Preserve purchase, but would also help insure the
preservation of the 1 , 300 -acre Phleger property.
MIDPENINSOLA REGIONAL OPEN brACE Mbi I tut.►
Teague Hill Open Space Preserve `
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SAN MATEO COUNTY
RIDING & HIKING TRAIL Z-
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OPEN SPACE PRESERVE
KEGG�`4 ;,. ,, : ;` ;.t:�{: 'C
S POINT *: �'�, ' ' — r WUNDERLICH' "
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COUNTY PARK r--'F
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: 3OCTO ER 4, 1991
NOT LD
'
�:
TEAGUE HILL OPEN SPACE PRESERVE
(The following information is taken primarily from "SAWMILLS IN THE REDWOODS, Logging
on the San Francisco Peninsula, 1849-1967," by Frank M. Stanger, published by the San Mateo
County Historical Association.)
In Spanish times pre-sawmill lumbering occurred at the fringe of the forests around Portola Valley
and Woodside to provide hand made shingles, hand hewn logs, and hand cut lumber for the-
construction of the Presidio, Mission of San Francisco, Mission Santa Clara and the pueblo of San
Jose.
i
Sawmilling in the Bear Gulch area, just to one side of Teague Hill was started by San Mateo
County's first really large lumbering enterprise: the Baker & Burnham Gang Mill. This highly
mechanized operation was set up in 1852. The exact site of the mill is not known but it was
perhaps eq
uipment have
e been foun
d.
rha s near the upper end of Tripp Court where small pieces of heavy eq p
It was surrounded by large redwoods in both Bear Gulch and Appletree Gulch (on the preserve) to
the north. A financial crash and legal trouble ended this operation in 1855. The former creditors of
Baker & Burnham became the owners and, headed by M.S. Gibbs, moved the mill to Squealer
Gulch Creek, just to the other side of the current preserve. The area continued to be logged under
various owners, and in general was timbered out about 1865. Shingle mills could continue to
rate because the could work in canyons too deep or remote for lumbermen, by using pack
o y Y P
Pe.
e out.
animals to the shingles carry .
The first shingle mill in San Mateo County was introduced in 1856 by John G. Moore in Tripp
Gulch, now a part of Teague Hill Open Space Preserve. The mill was later acquired by Dr. Tripp,
a prominent Woodside merchant (and the town dentist), who for some time operated the small
o machine • an innovative new process in the 1850s. Lumber
lumber yard. He made shingles with machinery;
went out via Old La Honda Road and past Woodside's Whiskey Hill, heading for Redwood City.
Woodside reached its peak as a lumbering center about 1859-60.
The County of San Mateo was formed by separation from San Francisco County in 1856, and the
lumber port of Redwood City was chosen as the seat of county government. Andrew Teague was
elected San Mateo County District Attorney in 1869. Presumably Teague Hill was named after
Andrew Teague.
Teague Hill, in addition to its historical significance, is valuable for the watershed; viewshed and
wildlife habitat it provides. Current use of the property is limited to hiking and equestrian use.
Local residents gain access from nearby Woodside roads. Regional access is currently available
from Kings Mountain Road along the California Riding and Hiking Trail that connects with Huddart
County Park.
Please call Midpeninsula Regional Open Space District (415) 949-5500 for more information.
,
STATE OF CALIFORNIA—THE RESOURCES AGENCY ou 0 7 1991 PETE WILSON,Governor
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATIONS
P.O.BOX 942896
SACRAMENTO 9429"001
(916)445-8006
FAX:(916)322-6377
(916) 653-6624
FAX (916) 653-9824
October 4, 1991
Mr. Herbert Grench, Director
Midpeninsula Regional Open Space District
210 San Antonio Circle
Mountain View, California 94040
Dear Herb:
In conjunction with the 45th National Preservation Conference in San
Francisco, you are cordially invited to receive the 1991 Governor's Historic
Preservation Award during the "Welcome to California" reception on Tuesday
evening, October 15, from 7:00 to 8:30 p.m. , at the Merchants Exchange
Building, 465 California Street, San Francisco. This event will bring
together historic preservationists from throughout the country, sponsored by
the California Preservation Foundation.
Governor Pete Wilson has designated his Secretary for Resources, Douglas
Wheeler, to present these annual awards at a brief ceremony about 7:45 p.m.
Secretary Wheeler will recognize your outstanding contributions to historic
preservation and convey the Governor's appreciation for your efforts.
We hope that you will join us on the 15th. Please call Sandra Elder,
Public Information Coordinator, at (916) 653-0877 by October 10, with the
names of those who will attend from your organization so that complimentary
{ reservations in your names can be held at the door. If you are unable to
attend, please let Sandra know, as we shall make other arrangements for you to
receive the Governor's Award.
I look forward to congratulating you in person in San Francisco.
Sincerely,
Kathryn Gualtieri �
State Historic Preservation Officer
G-7385H
I
Claims No. 91--18
Meting 91-30
Date: Oct. 9 1991
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1324 548.38 Acme & Sons Sanitation Sanitation Services
1325 2,358.83 Alves Petroleum, Inc. Fuel
1326 124.00 AT&T Telephone it Service
1327 150.00 Baron Welding & Iron Works, Inc. Equipment Repairs
1328 4,700.00 Louis Bordi Road Grading
1329 1,700.00 R. E. Brooker Company, Inc. House Repairs
1330 115.98 Dick Bruhn, Inc. Uniform Expense
1331 85.31 California Water Service Company Water Service
1332 8,899.11 Callander Associates Architectural. Services
` 1333 194.32 Catering By George Safety Fair Lunch
1334 66.00 Coastside Gas Service Propane Gas
1335 74.53 Sheryl Marioni Cochran Private Vehicle Expense
1336 45.50 College of Natural Resources Resource Document
1337 27.50 FAKard Corekin Plumbing Repairs
1338 55.00 Steve Covarrubias Reimbursement--Tuition
1339 97.84 Alice Cummings Reimbursement--Resource Document
140 53.58 The Darkroam Prints
1341 89.71 DeLuxe Business Formes & Supplies Office Suppliesi
1342 4,220.00 Lester L. Dick Construction Hergerton Demolition
1343 57.60 EV1ED Campany, Inc. Signs
1344 251.96 Emergency Vehicle Service Emergency Light and Installation
1345 972.00 Employment Development Department Unemployment Insurance
1 1346 72.87 John Escobar Reimb ement--- 1 Meeting Expense
147 197.34 ENpedite Graphic Products Signs
1348 384.50 David B. Fishier Legal Services
1349 11161.00 Flinn, Gray & Herterich Insurance
1350 38.20 Foster Bros. Security Systems Locks and Keys
1351 46.26 Donna Gallagher Private Vehicle Expense
1352 107.75 Goodco Press, Inc. Printing f
1353 17.75 Graphicstat, Inc. Map Artwork
1354 1,881.00 Greenbelt Alliance Conference &pense
1355 368.00 Herbert Grench Reimbursement--Conference, Expense
136 600.00 Heather Heights Road Association Annual Road Maintenance
1357 215.27 Hengehold Motor Company, Inc. Van Rental
� 1358 355.77 The Home Depot Field Supplies
1359 1,739.93 J. Thomas Jakaby Consulting Services
1360 56.69 Kaiser Cement Corporation Base Rock
161 316.70 Konica Business Machines Maintenance Agreement
1362 46.20 Judy Law Private Vehicle Expense
1363 123.50 Lee & Associates Field Equipment
j 1364 760.00 Lincoln Institute of Land Policy R,egi tration--S.Cochran and M.Gundert
1365 200.00 Lopez Gardening Gar er--D.istel Circle
1366 151.26 Los Alto Garbage Campany Dumpster Rental
1367 200.00 ana's Building Maintenance Janitorial Services--Distel Circle
f
1368 93.10 Maria l Cam . Office Building lies
Supply Z�Y � Supplies
1369 173.90 Marshall and Swift Resource Documents
1370 43,664.80 Mission Valley Fora Dump Truck
1371 55.00 Ralph Molica Reimbursement--Tuition
1372 30.27 Northern Energy Pro 1
1
i Claims . 91-18
Meeting 91-30
Date: Oct. 9, 1991
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1373 1,101.65 Pacific Bell Telephone Service
1374 962.71 Pacific Gas & Electric Cmpany Utilities
1375 1,305.00 Jack Paulin Tree Specialists Tree Trimming
1376 858.74 Pine Cone Lumber Company Field Supplies
1377 1,700.00 Town of Portola Valley Windy Hill Development Plans
1378 150.00 Price Club Field Supplies
1379 7,812.50 Prudential Bache Note Fees
1380 7.65 Rancho Cobbler & Cleaners Uniform Expense
1381 46.89 Rancho Harare Field Supplies
j 1382 14,178.65 Restroom Facilities Corporation Restroom. Units
1383 809.97 's Repair Service Vehicle Repairs
1384 5,292.56 Santa Clara County Patrol Services
Sheriff's Department
1385 2,000,000.00 Santa Glem Eard Title Land Purchase--Vidavich
John T. Vidovich, Kathy A.
Kathy A. Tomaino f
Mary Jane and Michael A. Vidovitch
1386 2,019.89 Santa Cruz Title Company Title Policy--Deka, Property
1387 7,775.84 Seafirst Bank Note Paying Agent
1388 46.94 Shell Oil Company Fuel
1389 3,600.00 George Sipel Associates Professional Services
1390 100.93 Skyline County Water District Water Service I
1391 77.52 summit Industrial Equipment Inc. Field Equipment
1392 372.48 Summit Uniforms Uniform use
1393 90.00 Teshin Associates Typography for "Open Space"
134 800.00 The Trail Center Trail Construction
! 1395 62.48 University Art Center Art Supplies
1396 510.00 Valley Title Company Preliminary Title Reports
1397 497.90 Value Business Products EqLdpment Repair
1398 76.91 WMI Services. Port-O-Let Sanitation Services
1399 313.33 Del Woods Private Vehicle Expense
1400 82.11 The ;Abrki ° n's Emporium Uniform Expense
1401 350.00 * Graniterock Concrete Concrete
1402 62.79 * Porter Rents Equipment Rental
1403 76.33 Emma Johnson Reimbursement--Supplies and Private
Vehicle Expense
! 1404 1,162.21 L. Craig Britton . rent--Conference Expense
1 1405 307.27 Petty Cash Local Meeting Expense, Film and
Developing, Office and Field Supplies,
! Resource Documents and Private
!� Vehicle Expense
{
*Emergency checks issued on October 7, 1991.
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3
1
Claims No. 1-18
Meeting 91-30
j Date: Oct. 9, 1991
I
f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
- ---_ _______
1324 548.38 Acme & Scans Sanitation Sanitation ServicesM
1325 2,358.83 Alves Petroleum, Inc. Fuel
1326 124.00 AT&T Telephone Repair Service
1327 150.00 Baron Welding & Iran Works, Inc. Equipment Repairs
1328 4,700.00 Louis Bordi Road Gracing
1329 1,700.00 R. E. Brooker Company, Inc. House Repairs
1330 115.98 Dick Bruhn, Inc. Uniform Expense
1331 85.31 California Water Service Company Water Service
1332 81899.11 Callender Associates Architectural Services
1333 194.32 Catering By George Safety Fair Lunch
1334 66.00 Coastside Gas Service Propane Gas
1335 74.53 Sheryl Marion Cochran Private Vehicle Expense
1336 45.50 College of Natural Resources Resource Document
1337 27.50 Edward Corekin Plumbing Repairs
138 55.00 Steve Covarrubias Reimbursement--Tuition
1339 97.84 Alice Cummings Reimbursement--Resource Document
j 1340 53.58 The Darkroom Prints
1341 89.71 Deluxe Business Forms & Supplies Office Supplies
1342 4,220.00 Lester L. Dick Construction Hercgerton Demolition
1343 57.60 EMED Company, Inc. Signs I
1344 251.96 Emergency Vehicle Service Emergency Light and Installation
1345 972.00 Employment Development Department Unemployment Insurance I
1346 72.87 John Escobar Reimbursement--Local Meeting &cpense
1347 197.34 Expedite Graphic Products Signs
1348 384.50 David B. Fisher Legal Services
1 1349 1,161.00 Flinn, Gray & Herterich Insurance
1350 38.20 Foster Bros. Security Systems Locks and Keys
1351 46.26 Donna Gallagher Private Vehicle Expense
1352 107.75 Goodco Press, Inc. Printing
1353 17.75 Grphicstat, Inc. Map Artwork
1354 1,881.00 Greenbelt Alliance Conference Expense
1355 368.00 Herbert Grench Reimbursement--O:)nference Expense
1356 600.00 Heather Heights Road Association Annual Road Maintenance
1357 215.27 Hengehold Motor Company, Inc. Van Rental
1358 355.77 The Home Depot Field Supplies
1359 1,739.93 J. Thomas Jakaby Consulting Services
1360 56.69 Kaiser Cement Corporation Base Rock
1361 316.70 Konica Business Machines Maintenance Agreement
1362 46.20 Judy Law Private Vehicle Expense
1363 123.50 Lee & Associates Field Equipment
1364 760.00 Lincoln Institute of Land Policy Registration--S.Cochran and M.Gundert
1365 200.00 Lopez Gardening Gardner--Distel Circle
1366 151.26 Los Altos Garbage Company Dumpster Rental
1367 200.00 MaganaIs Building Maintenance Janitorial Services--Distel Circle
1368 93.10 Marin Supply Company Office Building Supplies
1369 173.90 Marshall and Swift Resource Documents
1370 43,160.59 Mission Valley Ford Dump Truck
1371 55.00 Ralph Molica Reimbursement--Tuition
1372 30.27 Northern Energy Propane Fuel
I
I
i
Claim No. 91--18
Meeting 91-30
i
Data: Oct. 9, 1991
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1373 1,059.91 Pacific Bell Telephone Service
1374 962.71 Pacific Gas & Electric Company Utilities
1375 1,305.00 Jack Paulin Tree Specialists Tree Trimming
1376 858.74 Pine Cone Lumber Company Field Supplies
1377 1,700.00 Town of Portola Valley Windy Hill Development plans
1378 150.00 Price Club Field Supplies r
1379 7,812.50 Prudential Bache Note Fees
1380 7.65 Rancho Cobbler & Cleaners Uniform Expense
1381 46.89 Ranchos Hardware Field Supplies
1382 14,178.65 Restroom Facilities Corporation Restroom Units 4
1383 809.97 Ray's Repair Service Vehicle Repairs
1384 5,292.56 Santa Clara County Patrol Services
Sheriff's Department
1385 2,000,000.00 Santa Clara Land Title Land Purchase—Vidovich
1386 2,019.89 Santa Cruz Title Company Title Policy--- Property
1 1387 7,775.84 Seafirst Bank Note Paying Agent
1388 46.94 Shell Oil Company Fuel
1 1389 3,600.00 George Sipel Associates Professional Services
1390 100.93 Skyline County Water District Water Service
1391 77.52 Summit Industrial Equipment Inc. Field Equipment
1392 372.48 Summit Uniforms Uniform Expense
1 1393 90.00 Teshin Associates Typography for "Open Space"
1394 800.00 The Trail Center Trail Construction
195 62.48 University Art Center Art Supplies I
1396 510.00 Valley Title Company Preliminary Title Reports I
1397 807.81 Value Business Products Equipment Repair
1398 76.91 MI Services: Port-O-Let Sanitation Services +
199 313.33 Del Woods Private Vehicle Expense }
1400 82.11 The Workingman's Emporium Uniform Expense
I
i'
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Ir