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
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NOVEMBER 1991
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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
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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.
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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