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HomeMy Public PortalAbout19911120 - Agendas Packet - Board of Directors (BOD) - 91-36 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-36 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7 : 30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 November 20, 1991 Mountain View, Calif . (7 :30) * ROLL CALL WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (7 : 45) 1 . Proposed Addition of Borelli Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve - C . Britton Resolution Authorizing Acceptance of Purchase Agreement , Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All Oother Documents Necessary or Appropriate to Closing of the Transaction (7 : 55) 2 . Possible Assessment District to Help Finance Vidovich Acquisition - S. Norton (8 :25) ***3 . Annual Trail Closure - N. Hanko INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Litigation, Land Negotiations , Labor Negotiations , and Personnel Matters) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject, to change of order. ** TO ADDRESS THE BOARD: When an item you 're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other 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 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,zed, 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 The Trail Use Comittee will meet Tuesday, November 19, 1991 beginning at 7:30 P.N. at the District Office. The purpose of the meeting will be to continue developing Trail Use Guidelines. The Finance Camittee trill meet Wednesday, November 27, 1991 at 12:00 noon at the District Office. The purpose of the meeting vill be to discuss the establishment of a Benefit Assessment District. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-133 (Meeting 91-35 November 20 , 1991) REPORT November 8 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; S . Marioni Cochran, Associate Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Proposed Addition of Borelli Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve Recommended Actions : 1 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District. , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Borelli) . 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve . 3 . Indicate your intention to withhold the property from dedication as public open space at this time . Introduction The proposed acquisition consists of a 6-acre undeveloped parcel located on the north-facing slope of Soda Springs Canyon. Old Wood Road, an unimproved road, runs along the northern property boundary. This road could become part of a future trail route connecting Soda Springs Road with a proposed trail up Soda Springs Canyon, eventually linking with Priest Rock Trail and the PG&E Trail to El Sombroso. There are no existing structures on the property. Acquisition of this property would help protect the Soda Sp rings Canyon watershed. R-91-133 Page 2 1 . Property Identification Property owner: Nelo and Sigrid T. Borelli Size: 6 . 03 acres 2 . Location and Boundaries (see attached map) Regional setting: East of Lexington Reservoir near the head of Soda Springs Canyon Road access : Wood Road branches north from Soda Springs Road about one and one-half miles east of Lexington Reservoir. Wood Road runs east through the former Mayr property, now part of the Cathedral Oaks Area of Sierra Azul Open Space Preserve. It then turns into Old Wood Road, which continues east along the northern boundary of the subject property. Boundaries : A portion of the Kennedy Limekiln Area of Sierra Azul Open Space Preserve adjoins the property on the east side. The property is bounded by private parcels on the remaining three sides . Nearby public lands : Lexington Reservoir County Park is approximately two miles to the west . Portions of the Cathedral Oaks Area of Sierra Azul Open Space Preserve lie to the west and south. The Kennedy Limekiln Area of Sierra Azul Open Space Preserve is to the east and north . Nearby landmarks : Priest Rock, Lexington Reservoir, and Mt. Thayer . 3 . Topography anq_Bydro1_q_qy Elevation range: 1 , 480 feet at the southwest corner to 1 , 320 feet near the northern boundary. Slope steepness : Moderately steep slopes Slope exposure: Primarily north-facing slopes Watershed: Soda Springs Canyon, which flows into Lexington Reservoir 4 . Geology and Soils Seismology: San Andreas Faut approximately one and one-half miles to the west . Soil classification: Highly erodible Los Gatos-Mayren type R-91-133 Page 3 5. Flora and Fauna Plant communities : Primarily chaparral Dominant flora: Chamise, baccharis , manzanita, scrub oak, toyon, bay, madrone, live oak Common fauna: Blacktailed deer, brush rabbit, coyote, various species of snake , lizard, rodent , and bird 6. Visual Qualities Viewshed: Forms portion of scenic backdrop above Lexington Reservoir and State Highway 17 . Vistas : Soda Springs Canyon 7 . Existip_g_jppK2y�tments Old Wood Road, an unimproved dirt road, runs along the northern boundary line. There are no structures on the property. S . Existing Use Vacant land 9 . Planning Considerations Political boundaries : Unincorporated Santa Clara County; within District boundaries . Zoning: Hillside (HS) , requiring a 20 to 60-acre minimum lot size, depending on slope. Master Plan rating: Low ranking for suitability as open space . Use and Management Plan review: Anticipate review in August, 1993 . Regional plans : The trails and Pathways Plan for Santa Clara County identifies a trail corridor north of Soda Springs Canyon, connecting Lexington Reservoir with Priest Rock, El Sombroso, and Mt. Umunhum. R-91-133 Page 4 10 . Potential Use and Management Old Wood Road could become part of a future trail route connecting Soda Springs Road with a proposed trail up Soda Springs Canyon. This would eventually link with Priest Rock Trail and the PG&E Trail to El Sombroso. Acquisition of this property would help preserve the Soda Springs Canyon Watershed. 11 . Public Safety Review Public safety hazards are not anticipated on this property due to its restricted access and lack of development . A site inspection will be performed prior to your adoption of the Preliminary Use and Management Plan. 12 . Preliminary Use and Management Recommendations Signs : Install private property signs and preserve boundary signs where appropriate. Roads : Evaluate condition of Old Wood Road for patrol purposes . Site Emphasis designation: Conservation Management Unit (CMU) 13 . Name The property should be named as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. 14 . Dedication I recommend that you withhold the property from dedication to allow for the trade of development rights , or sale of a portion or all of the property, if the District is not successful in acquiring other necessary land in the area. 15 . Terms As reflected in the attached Purchase Agreement , the cash purchase price for this property is $65, 000 , which is considered to be fair and reasonable based upon existing real estate market conditions . R-91-133 Page 5 16 . Funding The full explanation of this funding summary is contained in report R-89-109 dated July 3 , 1989 . The District ' s 1991-1992 fiscal year budget includes $14 . 5 million for new open space acquisitions ; $10 . 0 million in cash outlay and $4 . 5 million in notes . The following is a current summary of cash expenditures for open space acquisition for the 1991-1992 fiscal year : Land Acquisition Funds for this Fiscal Year (Cash) $10 , 000 , 000 . 00 Previously Approved Acquisitions (Escrows closed) * (3 , 181 , 000 . 00) Previously Approved Acquisitions (Escrows not closed) (780 , 000 . 00) The Borelli Property Acquisition Recommended for Approval on this Agenda (65 , 000 . 00) Remaining Cash Balance for Future Acquisitions this Fiscal Year $5, 974 , 000. 00 EDY TRAIL.-A IR —P-N51, V COUNTYPARK MWER MIS x 50T rear .jALMA BRIDGEROAD ` '7 , PENDING ACQUISITIONACQUISITION -ELLI PROPERTY W7 Ell . . ::....: .... .. ::.. .. ..:......::::. SODA SPRINGS RD. A LIMEKILNIL n *zo CATHE tiF C titer. Sa atoga A(@ -1 IE�— SM. SLos.3atos . x -j-:I� : -.1, -j P;�X',76�;N-;PZCa1eN—E j PROPOSED ADDITION TO THE IIES,w� REC.APEA CATHEDRAL OAKS AREA OF SIERRA AZUL OPEN SPACE PRESERVE ,, Aldercroft All R Heights Estates •• �: )�� •t �i s�\ ,Holy City s". NOVEMBER 1991 Scale: 1 2000' - 0" Norm RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF BORELLI) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Borelli and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2 , 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 $65, 000 from the proceeds of the next long term District note issue . PURCHASE AGREEMENT This Agreement is made and entered into by and between Nelo Borelli and Sigrid T. Borelli, trustees of the Borelli Family Trust dated December 9, 1985 and Ralph N . Borelli and Gina Pasquinelli Borelli, trustees of the Borelli Family Trust dated February 5, 1987, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District . " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Joe Beatty Real Estate on October 9, 1991, thereby offering said real property for sale to the general public; and WHEREAS, District was formed, by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale . Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately six and three one hundredths (6 . 03) acres, more or less, and commonly referred to as Santa Clara County Assessor ' s Parcel No. 558-29-023 . Said property being further described in the Legal Description attached to Preliminary Title Report number AL-190517 from Continental Lawyers Title Company, a copy of said preliminary title report attached hereto as Exhibit "A, " and incorporated herein by this reference ., Said property to be conveyed together with any easements, rights of Purchase Agreement - Borelli Page 2 way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto . All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Purchase Price . The total purchase price ("Purchase Price") for the Property shall be Sixty Five Thousand and No/100 Dollars ($65, 000 . 00) , payable in cash at the Closing (as further defined herein . ) 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Continental Lawyers Title Company, 4991 Cherry Avenue, Suite A, San Jose, CA 95118, phone number (408) 448-2500, or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein . Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be within ten days following notice from Seller to District of the final closing date, which date shall be no earlier than December 13, 1991, and no later than January 15, 1992, provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement . (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property . Purchase Agreement - Borelli Page 3 (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District ' s check payable to Escrow Holder in the amount of Sixty Five Thousand and No/100 Dollars ($65, 000 . 00) . (e) Seller 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 Seller 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 . (f) Seller shall cause Continental Lawyers Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of ($65, 000 . 00) for the Property showing title to the Property vested in fe e simple e in Distric t, subject only to . current re al � pro perty ert Y taxes, and ii such additional onal i t t t e exceptions as may be I acceptable to District . In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either : (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall, upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District . the original of the policy of the title insurance if required herein, and to Seller Escrow Holder ' s check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as Purchase Agreement - Borelli Page 4 the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same . 4 . Rights and Liabilities of the Parties in the Event of Termination . In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5 . Leases or Occupancy of-2-remises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et sea. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller ' s ReQresent-ations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing : 6 . 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder . 6 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance- with their respective terms and do not Purchase Agreement - Borelli Page 5 violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller . 6 . 03 Good Title . Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Intearity of Property . Except as otherwise' provided herein or by express written permission granted by District, Seller shall not, between the time of Seller ' s execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8 . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCB ' s) , benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal, state or local law. (a) Seller represents that : (i) During Seller' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous substance on the Property. (ii) Seller- has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property . However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the. hazardous substances resulting from Seller ' s ownership and operation of the property. Purchase Agreement - Borelli Page 6 9 . Waiver oL-Statutorv. Compensation . Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) , and California Government Code Section 7267, and following . Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc . , as provided for by said Federal Law and any corresponding California Government Code Sections . 10 . Miscellaneous E-r-Qvis ion s . 10 - 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 10 . 02 Attorney,�j..' 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 . 10 .03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect . Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. Purchase Agreement - Borelli Page 7 10 . 04 Riahts Cumulative . Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10 . 05 Notices . All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph, telefax communication or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : Seller : Nelo Borelli and Sigrid T. Borelli, trustees of the Borelli Family Trust dated December 9, 1985 and Ralph N. Borelli and Gina Pasquinelli Borelli, trustees of the Borelli Family Trust dated February 5, 1987, C/o Ralph N . Borelli Borelli Investment Company 1754 Technology Drive, Suite 108 San Jose, Ca 95110-1308 (408) 453-0433 FAX: (408) 453-5636 Copy To: Gary Beck-Joe Beatty Real Estate 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 FAX: (408) 927-0225 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 Purchase Agreement - Borelli Page 8 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Fax : (415) 327-9151 If sent by telegraph, telefax communication or cable, a conformed copy of such telegraphic/telefaxed communication or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee . Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee 's registry or certification receipt or at the expiration of the third Ord) business day after the date of mailing, whichever is earlier in time . Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section . 10 .06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 10 . 07 Counterparts . This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument . 10 . 08 Waiver . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement . Purchase Agreement - Borelli Page 9 10 .09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes- a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 10 . 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element . 10 . 11 Survival ofCovenants . All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 10 . 12 Assignmen-L. Except as expressly permitted herein, neither party to this Agreement may assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 10 . 13 Further D.QQuments---and Act_a. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement . 10 . 14 Binding on Succes.sQrs and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 10 . 15 Broker' s commission . District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction . Purchase Agreement - Borelli Page 10 10 . 16 Like Kind Exchange District understands that Seller intends to effect a like kind exchange (including the possibility of a simultaneous or a delayed "Starker" exchange) , pursuant to Section 1031 of the Internal Revenue Code, of the Property for other Property to be designated by Seller . District agrees to cooperate with Seller to effect such exchange by performing all acts necessary therefor, excluding, without limitation, taking title to the exchange property; provided, however, that District shall not be obligated to incur any additional expense in connection with the performance of its obligations under this Section 10 . 16. 10 . 17 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto . 10 . 18 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate . 11 . Acceptance . Provided that this Agreement is signed by Seller and returned to District on or before October 25, 1991 District shall have until midnight November 20, 1991 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and seller acknowledges the receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein . Purchase Agreement - Borelli Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Nelo Borelli by Ralph N. Borelli his Attorney in Fact — Date : Stanley Nor n, 'District ounsel SELLER ACQEPTEDrFOR RECOMMENDATION : Sigrid T .Borelli by Ralph N . Borelli her Attorney in Fact Date : L . Craig Britton, SR/WA Land Acquisition Manager SELLER APPROVED AND ACCEPTED : �� ✓ T�''�� Ral h N . Borelli Date : /C-'�/��i President, Board of Directors SELLER 17 ,r ATTEST: ina Pasquinelli Borelli by Ralph N. Borelli her Attorney in Fact Date : District Clerk Date: CC -NENTAL LAWYERS TITLE COMT Y holly Owned Subsidiary o Lawyers Title Insurance Corporation 4991 Cherry Avenue, Suite A Snn Joso, California 951 1 A ( 408 ) 448-2500 TO: Gary Beck 7172 Anjou Creek Circle San Jose, CA 95120 Escrow Officer: Pat Theiss Title Officer: Janine Lewis Buyer: Mid-Pen Regional Open Space Property APN: 558-29-023 Address: Your No. . Dated as of September 26, 1991 at 7 :30 A.M. Our No. : AL190517 In response to the above referenced application for a policy of Title Insurance CONTINENTAL LAWYERS TITLE COMPANY, A California Corporation hereby reports that it is prepared to issue, or cause to be issued as of the date hereof, a LAWYERS TITLE INSURANCE CORPORATION policy or policieE of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect lien or encumbrance not shown or referred to as an exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said forms . The printed Exceptions and Exclusions from the coverage of said policy or policies are set forth in the attached list. Copies of the policy forms should be read. They are available from the office which issued this report. This report ( and any Supplements or Amendments hereto ) is issued solely for the purpose of facilitating the issuance of a policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of Title Insurance, a Binder or Commitment should be requested. The form of policy of Title Insurance contemplated by this report is : 1 . California Land Title Association Standard Coverage Policy - 1990 ( x ) 2 . American Land Title Association Owners Policy ( 04-06-90 ) ( ) 3 . American Land Title Association Residential Title Insurance Policy ( 6-1-87 ) ( ) 4 . American Land Title Association Loan Po icy (04-06-90 ) ( ) J nin Lewis 1 t A ­ eS �t1 Officer SCHEDULE A Order No. : AL190517 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Nelo Borelli and Sigrid T. Borelli, trustees of The Borelli Family Trust dated December 9, 1985 and Ralph N. Borelli and Gina Pasquinelli Borelli, trustees of the Borelli Family Trust dated February 5, 1987 The land referred to herein is situated in the State of California, County of Santa Clara Town of Los Gatos and is described as follows: Beginning at an iron pipe set on the dividing line between Sections 2 and 3 Township 9 South Range 1 West distant thereon South 443 .32 feet from a 3/4 inch pipe in a mound of rocks at the common corner for said Sections 2 and 3 and Sections 34 and 35 in Township 8 South Range 1 West; thence from said point of beginning North 88 degrees 15 ' 24" West 1600. 91 feet to an iron pipe; thence South 2 degrees 570 East 272. 83 feet to an iron pipe; thence South 87 degrees 03 ' West 247.90 feet to an iron pipe set on the Westerly bank of a ravine, said Westerly bank being the Westerly line of that certain 46 acre tract of land described in the Deed form Guise ppe Bacchio, et ux, to Frank Durso, dated March 6, 1936 and recorded March 9, 1936, in Book 760 of Official Records, Page 408, Santa Clara County Records; thence North 11 degrees 10 ' 40" West along said last named line 107 . 86 feet to an iron pipe; thence continuing along said Westerly bank of the ravine and the Westerly line of said 46 acre tract North 7 degrees 090 50" West 71 . 34 feet to an iron pipe set at the point of intersection thereof with the Northerly line of that certain road, known as Old Wood Road; thence along the Northerly line of said Old Wood Road for the following courses and distances : South 66 degrees 27 ' 30" East 37 . 24 feet to an iron pipe; North 22 degrees 30 ' East 68 feet to an iron pipe; North 13 degrees 23 ' 30" East 107 . 25 feet to a 2 inch pipe, 3 inch stake; North 6 degrees 59' 30" East 68 . 87 feet to an iron pipe; North 49 degrees 37 ' 30" East 78. 52 feet to an iron pipe; North 65 degress 01 ' 30" East 51 - 35 feet to an iron pipe; North 52 degrees 00 ' 30" East 84 . 42 feet to an iron pipe North 73 degrees 04 ' East 150. 04 feet to an iron pipe; North (Continued) Order No. : AL190517 PRELIMINARY REPORT-LEGP )ESCRIPTION, Continued. . . 73 degrees 331 East 198. 48 feet to an iron pipe; South 57 degrees 43 ' East 47 . 06 feet to an iron [)i.p(,-; South 38 degrees 20 ' 30" East 138 . 70 feet to an iron pipe; North 87 degrees 22 ' 30" East 102. 69 feet to an iron pipe; North 87 degrees 22 ' 30" East 102 . 69 feet to an iron pipe; South 76 degrees 03 ' East 115 . 53 feet to an iron pipe; North 82 degrees 58 ' East 171 . 49 feet to an iron pipe; South 64 degrees 04 ' 30" East 94. 98 feet to an iron pipe; South 30 degrees 56 ' 30" East 77 .38 feet to an iron pipe; North 81 degrees,, 47 ' 30" East 109 . 27 feet to an iron pipe; North 59 degrees 021 East 100.48 feet to an iron pipe; Soth 85 degrees 19 ' East 81 . 30 feet to an iron pipe; South 69 degrees 52 ' East 133 . 73 feet to an iron pipe; South 54 degrees 23 ' East 133 . 85 feet to an iron pipe and South 45 degrees 21 ' East 161 . 67 feet to an iron pipe set at the point of intersection of the Northerly line of said Old Wood Road with the dividing line between said Sections 2 and 3 above referred to; thence South along said dividing line 20 feet to the point of beginning. Containing 10. 62 acres of land, as shown upon that certain map entitled, "Record of Survey of a portion of Sec. 3 T. 9 S. R. 1 W. M. D.B. & M. " , which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 10, 1957, in Book 79 of Maps, Page 42. Excepting from the above described 10. 62 acre tract, that certain parcel of land conveyed by Henry S. Markey, et ux, to Robert C. Adair, dated August 10, 1900, recorded July 18, 1904, in Book 279 of Deeds, page 454, described as follows: Two pieces of land situated on the road at the base of the bank below the cottage of the parties of the first party each piece extending three feet from said bank into the said road and running parallel with said road for a distance of six feet; each of the said pieces, three by six feet, containing a spring, but nothing shall be placed about, or in, or over said pieces of land and springs that will interfere with the road bed or access to or use of the land of the parties of the first part. ,Excepting from the above described parcel of land, that certain parcel as deeded to Gerasim Seredin, et ux, recorded September 26, 1979, in Book E819 at page 310, described as follows: Beginning at an iron pipe set on the dividing line between Sections 2 and 3, Township 9 South Range 1 West M.D. B. & M. distant thereon South 443.32 feet from a 3/4 inch iron pipe in a mound of rocks at the common corner for the said Sections 2 and 3 and Sections 34 and 35, Township 8 South Range 1 West, M.D.B. & M. ; thence said point of beginning North 86 degrees 15 ' 24" West 1600. 91 feet to the true point of beginning of the parcel to be described; thence from said true point of beginning, South 2 degrees 57 ' East 272 . 83 feet to an iron pipe; thence South 87 degrees 031 West 247 . 89 feet to an iron pipe set on the Westerly (Continued ) Order No. : AL190517 PRELIMINARY REPORT-LEGP- DESCRIPTION, Continued. . . bank of a ravine, said Westerly bank being the westerly line of the 46 acre tract described in the deed to Frank Durso, recorded March 9, 1936, Book 760 Official Records, Page 408; thence North 11 degrees 10 ' 40" West along said last named line 107 . 86 feet to an iron pipe; thence continuing along said Westerly bank of the ravine and the Westerly line of said 46 acre tract North 7 degrees 09 ' 50" West 71 .34 feet to an iron pipe set at the point of intersection thereof with the Northerly line of the road known as Old Wood Road; thence along the Northerly line of said Old Wood Road the following courses and distances; South 66 degrees 27 ' 30" East 37. 24 feet to an iron pipe; North 22 degrees 30 ' East 68 feet to an iron pipe; North 13 degrees 231 30" East 107 . 25 feet to a 2 inch by 3 inch stake; North 6 degrees 59 ' 30" East 68. 87 feet to an iron pipe; North 49 degrees 37 ' 38" East 78 .32 feet to an iron pipe; North 65 degrees 01 ' 30" East 51 .35 feet to an iron pipe, North 52 degrees 00 ' 30" East 84. 42 feet to an iron pipe; North 73 degrees 04 ' East 150.04 feet to an iron pipe and North 73 degrees 33 ' East 198 . 48 feet to an iron pipe; thence leaving said line of Old Wood Road, South 3 degrees 44 ' 36" West to a point which bears South 86 degrees 15 ' 24" East from the true point of beginning; thence North 86 degrees 15 ' 24" West to the true point of beginning, being a portion of the property shown on the map of Record of Survey of a portion of Section 3 Township 9 South Range 1 West M.D.B. & M. , filed April 10, 1957, in Book 79 of Maps, Page 42, Santa Clara County Records. A right-of-way as reserved in the deed from H. S . Markey to Robert C. Adair, recorded February 13, 1892, in Book 141 of Deeds, page 601, Santa Clara County Records, described as follows: All that part of Cavanaugh Creek flowing through the above described land, together with a portion of said land extending Southerly fifty feet from and parallel with the Southerly bank of said Creek for the entire distance; and also the right-of-way over and through the land therein conveyed to the land and creek herein reserved. Together with all right, title and interest of the grantors in and to that certain spring located Southerly of that certain course and distances designated as "South 87 degrees 03 ' West 247 . 89 feet" , in the above described 10. 62 acre tract, as granted in the deed from Frank Durso, et ux, to Fred H. Van Tassell, dated August 10, 1960 and recorded August 12, 1960, in Book 4883 of Official Records, page 730, together with a right-of-way for the use and maintenance of the existing pipeline leading from said spring to the 10. 62 acre tract above described. APN: 558-29-023 ARB: 558-29-023 SCHEDULE B .der No. AL190517 AL Lhe date hereof ExcepLioIis to Coverage in addition to the prillLed Exceptions and Exclusions in the policy form designated on th r Y ' e face page of this report would be as follows: A. Property Taxes, including any personal property taxes and any assessment collected with taxes, for the fiscal year 1991 - 1992 . lst Installment: $127 . 17 Not yet due 2nd Installment: $127. 17 Not yet due Land: $6, 011 . 00 Improvements : none shown H/O Exemption: none shown Code Area: 80-008 Assessment No. : 558-29-023 B. The Lien of Supplemental Taxes if any, assessed pursuant to the provisions of Chapter 3. 5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California. 1 . Right of the public to use as a roadway that portion of the herein described premises lying within the bounds of Old Wood Road. 2 . The effect of an exception contained in the deed from Henry S . Marks, et ux, to Robert G. Adair, dated August 10, 1900 and recorded July 18, 1904, in book 279 of Deeds, Page 454, Santa Clara County, as follows: Excepting from the above described land, two pieces of land situated on the road at the base of the Bank below the Cottage of the parties of the first part, each piece extending three feet from said bank into the said road and running parallel with said road for o a distance to ce of si x x feet; each of the said pieces, three by six feet, contained a spring, but nothing shall, be placed about, or in or over said pieces of land and springs that will interfere wit h the road bed or acc ess to or use of the land of the parties of the first part. 3 . An easement for the purpose shown below and rights incidental thereto as set forth in a document i Granted to: Frank Durso and Etherl V. Durso, his wife Purpose The right to use the existing road Recorded August 12, 1960, Book 4883, Page 730, of Official Records . Affects The Westerly portion of said land 4 . For information purposes, attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. 5 . Any invalidity or defect in the title of the vestees in the event that the trust referred to in the vesting portion of Schedule A is invalid or fails to grant sufficient powers to the trustee( s ) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. (Continued ) Order No. : AL190517 PRELIMINARY REPORT-EXCE '.ONS, Continued. . . 6 . Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by its inquiry of the parties in possession thereof . 7 . Any rights *of the parties in possession of said land, based on an unrecorded agreement, contract or lease, as disclosed by inspection and investigation. This Company will require that a full copy of any unrecorded agreement, contract, or lease be submitted to us, together with all supplements, assignments and amendments, before issuing any policy of title insurance. 8 . Water rights, claims or title to water. 3CHEDULE B, CONTINUED Order No. AL190517 NOTE NO. 1 : If title is to be insured in the trustee( s ) of a trust, ( or if their act is to be insured ) , this Company will require a copy of the trust instrument creating such trust, and all amendments there- to, together with a written verification by all present trustees that the copy is a true and correct copy of the trust, as it may have been amended, that it is in full force and effect and that it has not been revoked or terminated. NOTE NO. 2 : The only conveyances affecting said land, which recorded within two ( 2 ) years of the date of this report, are as follows: Grantor : Esa Harry Ross adn Elaine Ross, his wife Grantee : Nelo Borelli and Sigrid T. Borelli, trustees of The Borelli Family Trust dated December 9, 1985 and Ralph N. Borelli and Gina Pasquinelli Borelli, trustees of the Borelli Family Trust dated February 5, 1987 Recorded October 10, 1990, Book L502, Page 1332, as Instrument No. 10679148, of Official Records. NOTE NO. 3 : The charge for a Policy of title insurance, when issued through this title order, will be based on the short-term rate., NOTE NO. 4: Grant Deeds describing said land will be subject to a i I $10. 00 fee for Survey Monument Preservation Fund at time of recording. NOTE NO. 5 : On or after July 1, 1985, the County Recorder ' s Office will charge, in addition to the regular recording charges, an extra $20. 00 recording fee, unless a document evidencing a change of ownership is accompanied by a "Preliminary Change of Ownership Report" . In lieu of said report, signed by the transferee, the recorder will not charge an extra fee, if the document is accompanied by an affidavit signed by the transferee that the transferee is in fact not a resident of California . Our title billing will be adjusted to include such additional fees when applicable. NOTE NO. 6 : Pursuant to the Tax Reform Act of 1986, an escrow agent must report to the Internal Revenue Service the gross sales proceeds ( sale price) for each real estate transfer handled. Failure to provide a correct Tax I .D. Number (Social Security Number) will delay closing, and may require 20% (of sales price) Federal Income Tax withholding. NOTE NO. 7 : Buyer is hereby notified that the provisions of California Revenue and Taxation Code Sections 18805 and 26131 are applicable to certain sales of California real estate by nonresident sellers . For additional information concerning the withholding provisions under the code sections referenced above, please contact the FTB-Withhold at Source Unit, ( 916 ) 369-4900, P.O. Box 651, Sacramento, California 95812-0651 . NOTE NO. 8: The Company may make other requirements or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. D. T. 10/15/91 JL/lw y 4.> !0 Nq: "U Jr ii::';h tj -lite CONTINENIPAL LAWVL'Tis 'WLE 62 Ac. 0 UlQZo T Wx M.0—t.h—by MIS—.p This mop has Deep eromin<d in co—pli- -cf/.Y repro —h o S—er C w.Ih Me 5.c J7CC of 11w Jonuary and 13'nn.and Pro/.sa ions *do and foundfoundso/. 9.'s/a,,Fronk Our zo.fb,�orX,1915 7 at m 'a.� ijlocf'?'�. b./has be cleared as b—Aw' 'Do/, I'a'a"al RECORD OF SURVEY or A Pop riow or rqS.R1w, "DOC A4 rhe B—i' .1 ff'zM j I—l ..— y"•it/M /00* Morch 15P-17 C01.1-01 AW11-f—(, .="') ,SI' '-d 1'? H uA,r ENG1,vEER1mG co. es t.1 W0I M.IY—f and rv- eorded In Cook-M of Maps. page-ILI.of 5avlgr Clara Counfy Records on IhIjAeofay ofA 0411 alLAZ&M. Syl C. 7.11y,c_,,prerenr &A IDY .;F;i:: or Z:Our.TN -.SSESS�)i; SAN7A CLZAL COuNTV. -ZL';04N1L i'O,c P, oki 1 IN!— 558 COAIAM v NnsdRwWC4 YMNSEC 337 OF FK r.'CV'fJA&TAXArZI4 CODE EFFEC::�-.ZAIE I.Iwo ALI QED E.CARL$014•A.WMOR iie• 31 92 Ac 33 L9 \\ 6. ;de 9' ACle 16 AC L6 ?4 P.O.S.456124 4 9-20 AC 70.50 AC �-T 84.89 AC c 23 11015 03 ICL a.00. W. 28 SEE DETAIL A* 27 • 24 50 AC 2.25 Ac 12 218 AC t! JIM74 L Ls im A,. —0. ,nu.col.a DETAIL 'A.51 I zoo' 54 11 I. 20 45 9� 1 38 AC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-134 November 13 , 1991 (Meeting 91-36 November 20 , 1991) To: Board of Directors From: Stan Norton, Legal Counsel t1441-1 Subject: Possible Assessment District To Help Finance Vidovich Acquisition At Herb Grench' s request I have been reviewing procedures for the possible creation of an assessment district to assist in financing the acquisition of the Vidovich property. After a number of conferences with the law firm Jones Hall Hill & White (the firm that did the San Carlos/ Hassler assessment district) I have obtained and enclose herewith a letter opinion of Steve Casaleggio of that firm dated November 11, 1991, which covers the essential steps for setting up such a district. Steve and I will be present to discuss the matter and answer questions at your November 20, 1991, meeting. J01VEs HALL HILL & WHITE, A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW CHARLES F.ADAMS FOUR EMBARCADERO CENTER STEPHEN R.CASALUGGIO NINETEENTH FLOOR THOMAS A.DOWNEY SAN FRANCISCO, CA 94111 ANDREW C.HALL,JR. (415) 391-5780 ]KENNETH 1.JONES WILLIAM H.MADISON FACSIMILE R.WADE NORRIS$ 4415)391-5784 DAVID J.OSTER 4415)391-5785 BRIAN D.QUINT 44151956-6308 PAUL J.THIMMIG November 11, 1991 SHARON STANTON WHITE • ADMrrrZD TO GRONOIA BAR ONLY ROBERT J.HILL 41922-198W Stan Norton, Esq. 407 Sherman Avenue Palo Alto,CA 94306 Re: Mid Peninsula Regional Open Space District-Assessment Financing Dear Stan: Thank you for the telephone calls. I understand that the District may be interested in forming an assessment district to fund a part of the cost of acquiring open space in the Los Altos Hills area, The proposed assessment district would include lands in the Town of Los Altos Hills (the "Town") and unincorporated territory of Santa Clara County (the "County"). The amount of the proposed funding would be about $1,000,000 and the assessment district would contain about 400 properties. 1. Statutory Authority. The District has authority to use the various assessment acts, including the Municipal Improvement Act of 1913 (Sections 10000 et seq., Streets and Highways Code) (the"13 Act )to form the assessment district and levy the assessments and the Improvement Bond Act of 1915 (Sections 8500 et seq., same Code) (the "15 Act") to issue bonds. I would not recommend the Improvement Act of 1911 for either procedure or bonds because it is unduly cumbersome and time-consuming. Another assessment law that is currently being used is the Landscaping and Lighting Act of 1972 (Sections 22500, et seq. of the same Code) (the "72 Act"). This law is useable by the District because as a special district, it is a "local agency" within the meaning of Section 22530 whose general taxes are carried on the county roll (Section 22501). Finally, if bonds are needed, the 72 Act specifically authorizes the use of 15 Act bonds (Secton 22662.5). For reasons outlined below, it would appear that the 72 Act is the recommended approach and I will deal with that law in this memo. 2. Acquisition of Open Space. Under the 72 Act, Section 22525 (g) clearly allows the acquisition of land for open space purposes. 3. Consents Required. Section 22506 of the 72 Act requires compliance with Sections 5115,et seq. of the Code (the 1911 Act). I have reviewed those provisions and concluded that they cover only the instances where the District wants to levy assessments outside of its own boundaries. This is the 1911 Act parallel to Section 10103 of the 1913 Act and not Section 10 104 Stan Norton, Esq. November 11, 1991 Page 2 of that Act. Here, the lands proposed to be assessed are entirely inside the boundaries of the District, so no extra-territorial consent is needed. The 72 Act has no provision comparable to Section 10104, singling special districts out for special ill-treatment. Therefore, if the District uses the 72 Act,it does not need to ask Los Altos Hills and Santa Clara for consent before it can use the 72 Act. 4. No Petition. The District can then start the assessment proceedings without landowner petitions, relying on Section 22585 of the Code by adopting a Resolution Initiating Proceedings. and f h meet district, describes the improvements Thi resolution proposes the formation o the assess s spop refers the matter to the engineer for preparation of a special report. At this point, there should be a Boundary Map on file with the Secretary of the District (Section 22507, incorporating Sections 3100 et seq. of the Code). 5. Engineer's Report. Under the 72 Act, a report must be prepared by a licensed engineer(preferably one familiar with assessment districts). The Report must contain the material required by Section 22567 of the Code and be accompanied by an Assessment Diagram (See Sections 22570, 22571 and 22572 et seq of the Code). The Report outlines the costs of the acquisition and the related assessment district and bond costs and spreads them to the properties according to the benefits they receive from the availability of the open space. We will probably struggle over this benefit concept,but I do not think it is insurmountable. 6. Resolution of Intention. After the Engineer's Report is ready, it is filed with the District and the Board adopts a Resolution of Intention under Section 22587•that formally begins the process and establishes date, time and place for the required public hearing on the assessment which must be at approximately 20 days later(allowing for notices). 7. Notices. After 6, the District must give notice of the hearing by (a) mailing to each property owner to be assessed and (b) publishing once in a local paper. This must be done at least 10 days before the hearing date. The written notice to each property owner tells the amount of the proposed assessment on the particular parcel of land and of the owner's right to protest in writing. See generally, Sections 22550 - 22556. At this point, the Boundary Map is completed and recorded with the County Recorder. 8. Hearing. At the time of the hearing, the Board will hear all persons and their protests, both oral and written. To count, the written protests must comply with the law's rules and be filed by the time the hearing begins (not during the hearing). If there is a majority protest (valid written protests from owners of more than half of the land to be assessed), the Board may overule them by a 4/5ths vote of the entire Board. If there is less than a majority protest, a simple majority of the Board is needed to overrule. (Sections 22592 and 22593). 9. After the Hearing. If the Board overrules the protests and decides to continue, it adopts a Resolution Ordering the Improvements and Formation of the District and Directing Actions With Respect Thereto. The adoption of this resolution starts the 30-day statute of limitations on court challenges to the assessment (Section 22675). The resolution also directs the establishing the assessment n the Assessment Diagram, s recordin of the Notice of Assessment and e ssess g g liens on the ro erties. P P I' Stan Norton, Esq. November 11, 1991 Page 3 10. No Cash Payment. Under the 72 Act there is no cash payment period. So, after the 30-day limitations period, the District may adopt a Resolution Authorizing the Issuance of Bonds for the amount of the unpaid assessments. At this point, other resolutions approving bond sale documents are also approved. Approximately 2 to 3 weeks later the bond issue is closed and funds are available. 11. After Bonds. The installments to pay the bonds are collected by the County on each owner's property tax bill and remitted to the District which is responsible (through a bank paying agent) to pay the bondowners. After bonds are issued the assessments transfer freely with the land (they are not personal obligations of the property owners) and may be paid off at the option of the owner (subject to some interest and applicable prepayment penalty). The bond issue will have a reserve fund to protect against short-term defaults and the District will covenant to foreclose delinquent assessment installments. However, the general fund of the District is not liable for the bond issue. Allowing enough time to create an Engineer's Report and conduct the proceedings,the total time would be about 3 to 4 months. I hope this helps. Very truly yours, Stephen R. Casaleggio SRC:jeb MEMORANDUM November 13, 1991 TO: Herb Grench, General Manager FROM: Craig Britton, Acting Land Manager SUBJECT: Recommendation for Interim and Seasonal Trail Closures to Bicycle and Equestrian Use On October 26, 1988 you reported to the Board on the trails you proposed to close to equestrian and bicycle use for the following six months. Closures are designated as seasonal and interim seasonal closures , are based on concerns for public safety and resource damage during extremel_,v wet conditions . Interim closures identify trails closed because of public safety :nncerns pending the adoption of the Trail Use Guidelines . Newly constructed trails with unconsolidated tread and limited line of sight and overall width are also being placed in interim closure category pending adoption of the Trail Use Guidelines . Although the Board has adopted Trail Use Policies, the permanent status of trails now in the interim closure category will not be determined until the accompanying guidelines are revised and adopted. As in the past three years , I recommend that these trails remain closed to bicycle and equestrian use. Past closures and new closure recommendations are outlined on the attached chart. An asterisk identifies the only new closure. Last year's closure of the Seven Springs Trail at Fremont Older Open Space Preserve has been removed from this year' s recommendations. Staff feels that the seasonal closure may no longer be necessary. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-134 (Meeting 91-36 November 20 , 1991) REPORT November 15, 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Acting Land Manager; J. Escobar, Operations Supervisor; D. Woods , Principal Open Space Planner SUBJECT: Proposed Seasonal and Interim Trail Closures to Bicycle and Equestrian Use - Informational Report At your August 24 , 1988 meeting, you asked to be informed ahead of any action that may be taken regarding the closing of any trail to bicycle or equestrian use. Please note the attached memorandum and chart from Craig Britton dated November 13 , 1991 . Staff will discuss the trail closure recommendations outlined on the chart with the new director of the Trail Center, Tom French, at a meeting scheduled for November 19. Mr. French has agreed to place the trail closure recommendation on the agenda for the next regular meeting of the Trail Advocacy Committee. Since staff is only recommending minor changes this year, I don' t anticipate the Trail Advocacy Committee review will significantly impact these recommendations . However, staff will report to the Board at your meeting on the input received from the Trail Advocacy Committee. I intend to approve the Acting Land Manager ' s recommendations on trail closures contingent upon your comments and any public input at your November 20 meeting. November 13, 1991 PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS (See definition of "Seasonal" and "Interim" below.) Proposed Closures Preserve Trail Bicyclists Equestrians Concerns 1) Skyline Ridge Horseshoe Lake area Interim Interim New construction - Unstable trail tread highly trails susceptible to damage. Constructed to a four- foot average width. Trail access to equestrian lot now open. Permanent status pending adoption of Trail Use guidelines. Alternate routes available. Skyline Ridge Trail Interim Interim Constructed to a four-foot average width. Permanent status pending adoption of Trail Use guidelines. Alternate routes available. 2) Rancho San Antonio Black Mountain Trails a) New Alignment Interim Seasonal Constructed to a four-foot average width with occasional pullouts. Very steep grades remain on PG&E road sections of trail. b) Old Alignment closed for restoration Very steep, deeply troughed (known to some as "the chute"); winding, very poor line of sight. Advertised as a "Thrill Ride" in a local bicycle shop publication. Hazardous when wet. c) Farm Bypass/* Coyote Trail Interim Seasonal New construction - Open to equestrian use in the Spring of 1991, subject to adequate compaction over winter. 3) Long Ridge Peters Creek Trail Seasonal Seasonal Currently very popular with mountain bicyclists. Tread can get very muddy during wet conditions. Very few closures ever actually implemented. Anticipate closures during and immediately following heavy rainfall. 4) Purisima Creek Whittemore Gulch Seasonal Seasonal Narrow, winding, seasonally wet trail, highly susceptible to damage and having poor line of site. Alternate route available. Soda Gulch Trail Interim Interim Narrow, winding, seasonally wet trail with poor line of sight and some very steep side slopes. Majority of trail offers no room for passing. Alternate route available. 5) Pulgas Ridge Geraci Trail Interim Interim New construction - Unstable trail tread highly susceptible to damage. Constructed to a three-foot average width. Permanent status pending adoption of Trail Use Guidelines. * New closures SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern over public safety and potential resource damage, usually between the months of November and April. INTERIM CLOSURE: Closed temporarily due to primary concern over public safety during the period of time required for the preparation of the Trail Use Policies and Guidelines. Open space a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-136 (Meeting 91-36 November 20 , 1991) REPORT November 20, 1991 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Assistant General Manager SUBJECT: Property Tax Allocation from Proposed Central Los Gatos Redevelopment Project Recommended Action: Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Electing to Receive Incremental Property Tax Revenues as Provided for by Section 33676 of the California Health and Safety Code. Discussion: The Redevelopment Agency of the Town of Los Gatos is preparing a plan for the Central Los Gatos Redevelopment Project Area (see attached map) . Adoption of the attached resolution will assure that the District will receive a minimal two percent annual increase in the District ' s base year share of property tax collected in the project area. I will then endeavor the negotiate a more favorable arrangement to the District for pass-through of some of the increment as was done recently with the Las Pulgas Community Development Project in Menlo Park. This matter is being proposed for emergency placement on your November 20 agenda because staff has determined that the matter is of an urgent nature. We have just been advised by the County of Santa Clara that the deadline for passage of this incremental pass-through resolution is Monday, November 25, 1991 . There is no other Board meeting currently scheduled that could meet this deadline. • fir., ���, . � � /`� � � 4 '� � � �1 �� 40 � u /. �r _ S� / G� _�- . � . �.. .� spa.� � � L�. �� �,' III► P� � � . �� � Q� '� �® �� �� s $`��I ///�; �+ .. � .` • ii �w��. . �� � • � • ��� Ii4� � �� � /� /� ���� 7 � ` , � ` ,� � ,�, i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ELECTING TO RECEIVE INCREMENTAL PROPERTY TAX REVENUES AS PROVIDED FOR BY SECTION 33676 OF THE CALIFORNIA HEALTH AND SAFETY CODE The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: WHEREAS , Section 33676 of the California Health and Safety Code provides for the Board of Directors of the Midpeninsula Regional Open Space District as the governing board of an affected taxing agency to make certain elections regarding the receipt of incremental property tax revenues to be derived from a proposed redevelopment area; and WHEREAS , the Town of Los Gatos and the Redevelopment Agency of the Town of Los Gatos are considering adopting a proposed Central Los Gatos Redevelopment Plan and have designated a project area for the Central Los Gatos Redevelopment Project and said Plan provides for tax increment financing pursuant to Section 33670 of the California Health and Safety Code; and WHEREAS, Section 33676 of the California Health and Safety Code requires said election to be made by the Board of Directors prior to the Town of Los Gatos and the Redevelopment Agency adopting the Proposed Plan for the Central Los Gatos Redevelopment Project; and WHEREAS , the Midpeninsula Regional Open Space District has not entered into an agreement with the Town of Los Gatos and the Redevelopment Agency of the Town of Los Gatos on this Proposed Redevelopment Project pursuant to Section 33401 of the California Health and Safety Code; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District, does hereby elect to receive that portion of the property tax revenues that would otherwise be allocated to the Redevelopment Agency of the Town of Los Gatos pursuant to subdivision (b) of Section 33670 of the California Health and Safety Code for the Central Los Gatos Redevelopment Project that are attributable to the following: 1 . Increases in the rate of tax imposed for the benefit of the Midpeninsula Regional Open Space District which levy occurs after the tax year in which the ordinance adopting the Proposed Central Los Gatos Redevelopment Project becomes effective; and 2. Increases in the assessed value of the taxable property in the Central Los Gatos Redevelopment Project Area, as the -assessed value is established by the assessment roll last equalized prior to the effective date of the ordinance adopting the Redevelopment Plan for the Central Los Gatos Redevelopment Project pursuant to subdivision (a) of Section 33670 of the California Health and Safety Code, which are, or otherwise would be, calculated annually pursuant to subdivision (f) of Section 110.1 of the California Revenue and Taxation Code. BE IT FURTHER RESOLVED, that the General Manager or Assistant General Manager is authorized and directed to transmit copies of this Resolution to the appropriate officials and to take all other actions required by California Health and Safety Code Section 33676 to implement the election set forth in this Resolution. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: November 15, 1991 SUBJECT: F. Y. I. ZOWIn of TORGOLA UALLED I Town Hall and Offices: 765 Portola Road, Portola Valley, CA 94028 Tel: (415)851-1700 Fax: (415)851-4677 COUNCIL: NOV 14 1991 TOWN OFFICERS: ROBERT H. ANDERSON SUSAN McGOWAN Mayor CAO/Clerk CRAIG M. BROWN K . - o91 JAMES T. MORTON Vice Mayor Attorney SUE CRANE JOHN K.JAMES JON C. SILVER November 13 , 1991 L. Craig Britton Assistant General Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, Ste. 135 Mountain View, CA. 94040 Dear Craig: We just received the attached letter from Tom Low advising that their first flight (October 30th) was successful, and we were happy to hear from him. Unfortunately, on Sunday, October 27th, two men soared down the hill, across Portola Road and were hovering 20 feet or so above the Mayor ' s neighbor' s house on Stonegate before floating back across the road to the field. Obviously, these pilots were not the Windy Hill Skyriders and we don' t want to see unauthorized pilots spoiling the fun for the approved users. I 'm sending a copy of this letter to Tom Low, in the unlikely event either of you know anything about the incident, but if not, I wanted you both to be aware of it. Sincerely, j Susan McGowan Chief Administrative Officer SMcG/his cc: Tom Low Mayor Anderson ccnp� W'hdy HOM Skyro�dsra PO Box 602, LaHonda,CA.94020 L �'o'�&l J i i= l T November 1, 1991 Ms. Susan McGowan Ir 7 s Portola Valley Town Center jU NOV 5 0 f 765 Portola Road Portola Valley, CA 94028 TOWN OF PORTOLA VALLE� Dear Ms. McGowan, Thank you for your support of the establishment of hang gliding activities in the Windy Hill Open Space Preserve. The Windy Hill Skyriders made their first flights on Wednesday, October 30th, with three pilots each soaring nearly one hour. We are all very excited about the potential of the site,and we especially appreciate the support, encouragement, and cooperation of people like you who have helped to make this possible. We continue to be interested in receiving feedback about the hang gliding program from valley residents, and other users of the preserve.We believe that by maintaining open channels of communication with all interested parties, the hang gliding program in the preserve will continue for years to come. Comments or questions can be addressed to the Windy Hill Skyriders at the above address,or you may call Tom Low, the clubs president, at(415) 859-2103 during normal business hours. Sincerely, Tom Low -- - - - - - - - - -- - - - - - - - - Claims No. 91-21 Meeting 91-36 Date: Nov. 20, 1991 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description ---------------------------------------------------------------------------------------------------- 1595 71 .40 American Welding Supply Welding Supplies 1596 2,576.51 Bimark, Inc. Service Pins 1597 60.00 California Park and Recreation Job Advertisement Society 1598 893.54 Carsonite International Road Markers 1599 18.35 Clark's Auto Parts & Machine Shop Vehicle Parts 1600 119.08 Coastside ProFlame Propane Fuel 1601 47.72 Sheryl Marioni Cochran Reimbursement--Paint 1602 45.00 Patrick Congdon Reimbursment--Training Tuition 1603 65,000.00 Continental Lawyers Title Land Purchase--Borelli Insurance Company 1604 24.35 Crest Copies, Inc. Photocopying 1605 61.91 Betsy Crowder Reimbursement--Staff Appreciation Event 1606 90.00 Emergency Vehicle Systems Equipment -Repairs 1607 586.96 Rucker Fuller Office Furnishings 1608 114.31 Hengehold Motor Company, Inc. Vehicle Rental 1609 378.88 Los Altos Typewriter and Office Equipment Business Machines 1610 3,225.23 Meyers, Nave, Riback & West Legal Services 1611 1, 152.00 John Miller Consulting Services 1612 587.50 Joyce Nicholas Consulting Services 1613 26.79 Northern Energy Propane Fuel 1514 465.57 Office Club Office Supplies 1615 833.03 Pacific Gas & Electric Company Utilities 1616 2,609.48 Page & Turnbull , Inc. Architectural Services 1617 157. 14 Pitney Bowes Credit Corporation Postage Machine Rental 1618 70.00 Price Club Membership Fees 1619 135.21 Roy's Repair Service Vehicle Repairs 1620 851.63 San Mateo County Tax Collector Property Taxes 1621 1,323. 13 Santa Clara County Tax Collector Possessory Interest Taxes--Distel 1622 4,832.49 Santa Cruz Tax Collector Property Taxes 1623 445.75 Christianna E. Seidel , ASLA Construction Administration Services 1624 50.00 Signet Testing Labs Testing Services 1625 668.82 Signs of the Times Signs 1626 147.22 Telephone Emporium, Inc. Equipment Repair 1627 85.00 Telsystems Telephone Repair 1628 185.00 Western-Allied Service Company Heating Maintenance 1629 36.25 Whitmore, Johnson & Bolanos Legal Services 1630 66.44 Del Woods Reimbursement--Local Meeting Expense 1631 98.51 The Workingman's Emporium Uniform Expense 1632 70.96 Yardbird Equipment Sales Equipment Supplies Claims No. 91-21 Meeting 91-36 Date: Nov. 20, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------------- 1595 71 .40 American Welding Supply Welding Supplies 1596 2,576.51 Bimark, Inc. Service Pins 1597 60,00 California Park and Recreation Job Advertisement Society 1598 893.54 Carsonite International Road Markers 1599 18.35 Clark's Auto Parts & Machine Shop Vehicle Parts 1600 119.08 Coastside ProFlame Propane Fuel 1601 4:;.;a Sheryl Marioni Cochran Reimbursement--Paint 120.57 and Private Vehicle Expense 1602 45.00 Patrick Congdon Reimbursment--Training Tuition 1603 65,000.00 Continental Lawyers Title Land Purchase---Borelli Insurance Company 1604 24.35 Crest Copies, Inc. Photocopying 1605 61 .91 Betsy Crowder Reimbursement--Staff Appreciation Event 1606 90.00 Emergency Vehicle Systems Equipment Repairs 1607 586.96 Rucker Fuller Office Furnishings 1608 114.31 Hengehold Motor Company, Inc. Vehicle Rental 1609 378.88 Los Altos Typewriter and Office Equipment Business Machines 1610 3,225.23 Meyers, Nave, Riback & West Legal Services 1611 1,152.00 John Miller Consulting Services 1612 587.50 Joyce Nicholas Consulting Services 1613 26.79 Northern Energy Propane Fuel 1614 465.57 Office Club Office Supplies 1615 888.98- Pacific Gas & Electric Company Utilities 3,855.59 it 1616 2,609.48 Page & Turnbull , Inc. Architectural Services 1617 157. 14 Pitney Bowes Credit Corporation Postage Machine Rental 1618 70.00 Price Club Membership Fees 1619 6+86.2+- Roy's Repair Service Vehicle Repairs 295.62 1620 851.63 Sao Mateo County Tax Collector Property Taxes 1621 1 ,323. 13 Santa Clara County Tax Collector Possessory Interest Taxes---Distel 1622 4,832.49 Santa Cruz Tax Collector Property Taxes 1623 445.75 Christianna E. Seidel , ASLA Construction Administration Services 1624 50.00 Signet Testing Labs Testing Services 1625 668.82 Signs of the Times Signs 1626 147.22 Telephone Emporium, Inc. Equipment Repair 1627 85.00 Telsystems Telephone Repair 1628 185.00 Western-Allied Service Company Heating Maintenance 1629 36.25 Whitmore, Johnson & Bolanos Legal Services 1630 66.44 Del Woods Reimbursement---Local Meeting Expense 1631 98.51 The Workingman's Emporium Uniform Expense 1632 70.96 Yardbird Equipment Sales Equipment Supplies 1633 100.00 Nonette Hanko Reimbursement for Gift Certitifcate-- Staff Recognition Event 1634 481 . 17 Sunrise Winery Staff Recognition Event 1635 382. 16 Petty Cash Local Meeting Expense, Maps, Office and Field Supplies, Postage and Private Vehicle Expense