The URL can be used to link to this page

Home My Public Portal About19940518 - Agendas Packet - Board of Directors (BOD) - 94-15 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-15 SPECIAL MEETING BOARD OF DIRECTORS AGENDA i 7:00 P.M. 330 Distel Circle Wednesday Los Altos, California May 18, 1994 (7:00) ROLL CALL REFRESHMENTS (7:30) * ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA BOARD BUSINESS 1. Open Space Preservation Methods Workshop -- C. Britton (10:30) ADJOURNMENT TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time ! each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. I NOTICE OF PUBLIC MEETINGS The Legislative, Finance, and Public Affairs Committee will meet on Thursday, June 9, 1994 at 4:30 P.M. at the District office. 330 Distel Circle • Los Altos, California 94022-1404 . Phone: 415-691-1200 . FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nanette Hanko,Betsy Crowder,Wini de Wit General Manager:L.Craig Britton I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-60 Meeting 94-15 May 18, 1994 AGENDA ITEM Open Space Preservation Methods Workshop GENERAL MANAGER'S RECOMMENDA ` The information and ideas presented at the workshop will allow for careful examination of the specific open space preservation methods and will provide a basis for further discussion of the most appropriate techniques for the District to pursue in its efforts to complete the greenbelt. DISCUSSION The purpose of this special meeting workshop is to explore various open space preservation methods. Staffs specific charge was to "explore with the Board of Directors at a study session additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and groups, etc.) especially in this time of extremely tight budget constraints." "Technical" definitions of various acquisition techniques have been prepared (see attached). Staff has grouped technically-similar methods together to facilitate discussion at the workshop. Light refreshments will be served from 7:00 to 7:30 P.M. The workshop will begin at 7:30 P.M. Prepared by: L. Craig Britton, General Manager Diane Blackman, Research Attorney Contact person: L. Craig Britton 330 Distel Circle • Los Altos, California 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 19 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit MROSD WKSHT FOR Acquis.Mthds I I I I I APPROACHES TO LAND ACQUISITION ACQUISTION METHOD: HIGH MEDIUM LOW 1 RELATIVE COST HIGH MEDIUM LOW I STEWARDSHIP I (PRESERVATION I 2 OVERSIGHT) I i i I PERMANENT TEMPORARY 3 LENGTH OF TIME e i COMPLEX MIDDLE EASY i SALES/NEGOTIATION 4 DIFFICULTY (CONCEPT) I i i i OFTEN SOMETIMES SELDOM I i I USE IN OPEN SPACE 5 LAND PRESERVATION HIGH MEDIUM LOW 6 PUBLIC ACCEPTANCE OFTEN SOMETIMES SELDOM 7 USE BY OTHERS 1. PUBLIC 2. PRIVATE OFTEN SOMETIMES SELDOM 8 USE BY MROSD Page 1 I TOMLINSON, ZISKO, MOROSOLI & MASER ATTORNEYS AT LAW 480 CALIFORNIA AVENUE SECOND FLOOR PALO ALTO,CALIFORNIA 94306 THOMAS F. MASER TELEPHONE EUGENE B. MOROSOLI,JR. (415)325.8666 WILLIAM E.ZISKO TELECOPIER TIMOTHY TOMLINSON (415)324-1808 JIM CRAIG CURLETT JAMES R. BUSSELLE POLLY A. DiWEL CLIFFORD M. GOVAERTS* JANETTE M. HOOVER MARY E. O'BYRNE THOMAS E. MOORE III RICHARD D. JUDKINS 'CERTIFIED SPECIALIST,TAXATION LAW, THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION May 5, 1994 MID01 1963.01 VIA PAX AND U. S. MAIL Mr. L. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 Re: Open Space Preservation/Methods Workshop Scheduled for May 18, 1994 at 7:30 p.m. at MROSD Offices Dear Craig: I received the invitation to the above-referenced workshop a couple of weeks ago and I guess I initially misread the date of the workshop. I had thought it was to be held April 18 rather than May 18 -- I assumed I had missed the opportunity to attend. I had set the invitation aside with my Ridge Vineyards documents with the intention that I would respond by letter with some of the techniques that you and I have had experience with. I now realize that I will be able to attend and I will plan to see you at the workshop. I mention below some of the open space preservation techniques that are available based upon my experience working with you. The acquisition of fee title, whether by purchase or gift, is obviously the highest form of ownership and provides the District with permanent open space dedication and maximum unfettered control over the preservation and use of such property for open space purposes. However, the acquisition of fee title is more costly than other forms of land interests and the use of such other forms will allow the District to preserve greater acreage as open space than would otherwise be possible. Some of the techniques we have used include the following: (1) the acquisition of an open space easement 25285.1 I I ----- - - - - - - - - - - I Board of Directors May 5, 1994 �I Page 2 or other restriction upon the use of the land so that continued use is not inconsistent with eventual open space use (such as a long term option or right of first refusal coupled with use restrictions designed to preserve the property's character) ; (2) in order to satisfy the needs of the present owner with respect to continued compatible uses for some period of time, we have used leases for a term of years or the retention of a life estate for stated purposes; and (3) we have used the concept of the defeasible fee title which permits the District to elect to retain ownership by making purchase price payments in th f ure, thereby currently preserving the open space character, to ing . n a purchase price while providing long term flexibility. I look for and attending the workshop on May 18 . If there is any addition 1 he p that I can provide in advance of that workshop, please let m kn w. st re and m C. C rl t Tomlinson, Zis , oros Maser JCC/mh I I i I I I I 25285.1 I i I I I 1 i 1' i i i i i i i i i { i i i i i I i What are the boundaries of the District? BOARD OPEN No.Acquisitions to preserve agricultural land DIREOF SPACE ALT11ORFff and open space will involve only willing sellers. The boundaries of the District are the same as The District is prohibited from exercising the those of Sonoma County. power of eminent domain. How is the District governed? ores srnce What areas of the County will the District seek ADVISORY — GENERAL MANAGER COMMITTEE ;i to protect? The Sonoma County Board of Supervisors serves as the District Board of Directors.As such,the Acquisitions will generally occur on those lands District is considered a dependent district of the designated in the Sonoma County General Plan County. STAFF Open Space Element and identified in the District's Acquisition Plan.The Acquisition Plan Who sits on the Open Space Advisory Commit- was developed in two phases,each adopted by tee and what are its responsibilities? DISTRICT ORGANIZATIONAL STRUCTURE the District Board of Directors. The 17-member advisory committee,appointed How will the District secure interests in open The Interim Acquisition Plan provided a by the District Board of Directors,is comprised space and agricultural lands? mechanism for responding to special property of representatives from various interest groups offers prior to adoption of the Final Acquisition and the cities.Responsibilities of the committee The District will acquire interests in real Plan.Special projects included properties include advising the District Board and staff on property primarily through the purchase of immediately threatened by development and policy matters and making recommendations for conservation easements from willing sellers. those where the price was favorable. proposed land and easement acquisitions. Other methods by which the District may Committee members may also assist to educate the public about the District's purpose and acquire land include purchase of fee,contribu- The Final Acquisition Plan identifies and tions of land,life estates,and transfer of prioritizes areas within the County where functions. development rights programs. interests in open space and agricultural lands will be purchased.The District held a series of What is the Open Space Authority and what is What is a Conservation Easement? workshops throughout the County to solicit its relationship to the District? public input into this Plan. The 5-member Open Space Authority was A conservation easement is a legal covenant that created in accordance with state legislation(Farr imposes restrictions over the type and amount The Final Acquisition Plan includes an inventory bill)to finance the acquisition of interests in of development on a property.The precise of existing protected lands in the County and restrictions applied to the property included in classification of those lands according to the open space and agricultural lands through the the conservation easement are mutually agreed present levels of open space protection.The 1/4 percent sales tax.With the passage of upon by the landowner and the District.When a Acquisition Plan Map ranks significant natural Measures A and C,the Open Space Authority is conservation easement is acquired by the resource areas and agricultural lands. responsible for collecting the sales tax revenues Prioritization of crucial properties was based on and has entered into an agreement with the District either through purchase or donation,the District for the use of those funds pursuant to development rights of the property are pur- criteria such as general plan open space designa- chased or offered,while the underlying fee title tions and critical agricultural and resource the Authority's expenditure plan.The expendi- remains with the landowner.Conservation characteristics.The District will actively pursue ture plan is based on the County's Open Space easements run with the land in perpetuity,and preservation of lands delineated in the highest Element and identifies designated open space therefore remain in effect even though property priority areas.However,acquisitions likely will areas such as community separators,scenic ownership may change. occur throughout all priority areas due to landscape units and sensitive biotic areas,as willingness.-of sellers,market conditions and the well as other open space projects within the Can the District force a landowner to sell an complexity of determining fair land and cities. easement or other interest on his/her property? easement values. ---------- - - ---------- Why is it important for the District to preserve To obtain more information or to become S O N O M A COUNTY land through acquisition? involved with the District's activities,contact: AGRICULTURAL Land or easements which have been acquired SCAPOSD PRESERVATION by the District are dedicated as open space in 415 Russell Avenue & OPEN SPACE perpetuity.In accordance with state law,they Santa Rosa,CA 95403 cannot be sold or traded without a majority Tele:(707)524-7360 D I S T R I C T consent by the voters of Sonoma County or a Fax:(707)524-7370 concurrent resolution by the State legislature. David Wm.Hansen,General Manager ,r Will public access be allowed on lands acquired � . by the District? On lands where a conservation easement has been given or sold to the District,public access will not be allowed unless the property owner willingly authorizes it in writing at the time of the transaction.However,public access may be ObJective granted on lands purchased in fee by the District where considered appropriate. Over a 20-year period,the district shall seek to acquire interests in Sonoma County's agricul- How does the District manage its properties? tural,natural resource and open space lands in a manner which will encourage and promote The District will develop policies and proce- their perpetual preservation. dures for proper management of its lands.In order to retain minimum operating expendi- How was the District formed?How does the tures,the District may contract with existing District obtain money for land acquisition and park or other appropriate agency staffs for land management? management.The District may also organize a In November 1990,Sonoma County voters group of landowners and volunteers to monitor and manage easements. approved Measures A and C,which were placed on the ballot for open space and agricul- How will the public become informed of the tural land preservation in the County.The District's activities? passage of Measure A established the Sonoma County Agricultural Preservation and Open Meetings of the District,Open Space Authority Space District,while Measure C provided the and Advisory Committee occur regularly and financing for acquisition of open space and are open to the public.The District will develop agricultural lands through a 1/4 percent a brochure and periodic newsletters to inform transaction and use(sales)tax over a 20-year the public of District programs.Public aware period.For example,for every 100 dollars of S O N O M A COUNTY P h',25 cents purchases made in the County,ness will be accomplished through countywide ,r workshops and presentations before schools AGRICULTURAL taxable is collected to preserve its rural character.In and various interest groups and organizations. PRESERVATION addition to the sales tax,the District may The public is encouraged to contact the District & OPEN SPACE finance land acquisition and management office for information pertaining to current D i S T R I C T through gifts,grants,trusts,and other sources activities. of revenue authorized by law. -- - -- - - - --- ---------------- ----- - - -- - ------- Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-60 Meeting 94-15 May 18, 1994 AGENDA ITEM Open Space Preservation Methods Workshop GENERAL MANAGER'S RECOMMEND- A�'I6N The information and ideas presented at the workshop will allow for careful examination of the specific open space preservation methods and will provide a basis for further discussion of the most appropriate techniques for the District to pursue in its efforts to complete the greenbelt. DISCUSSION The purpose of this special meeting workshop is to explore various open space preservation methods. Staffs specific charge was to "explore with the Board of Directors at a study session additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and groups, etc.) especially in this time of extremely tight budget constraints." "Technical" definitions of various acquisition techniques have been prepared (see attached). Staff has grouped technically-similar methods together to facilitate discussion at the workshop. Light refreshments will be served from 7:00 to 7:30 P.M. The workshop will begin at 7:30 P.M. Prepared by: L. Craig Britton, General Manager Diane Blackman, Research Attorney Contact person: L. Craig Britton 1 330 Distel Circle • Los Altos, California 94022-140.1 Phone: 415-691-1200 FAX:415-691-0485 Board of Directors:Pete Siemens,Robert McKihhin,Tema I Iendra%c.Ginnv Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-15 SPECIAL MEETING BOARD OF DIRECTORS AGENDA 7:00 P.M. 330 Distel Circle Wednesday Los Altos, California May 18, 1994 (7:00) ROLL CALL REFRESHMENTS (7:30) * ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA BOARD BUSINESS 1. Open Space Preservation Methods Workshop -- C. Britton (10:30) ADJOURNMENT * TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. NOTICE OF PUBLIC MEETINGS The Legislative, Finance, and Public Affairs Committee will meet on Thursday, .June 9, 1994 at 4:30 P.M. at the District office. i 330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton i I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-15 SPECIAL MEETING BOARD OF DIRECTORS AGENDA 7:00 P.M. 330 Distel Circle Wednesday Los Altos, California May 18, 1994 (7:00) ROLL CALL REFRESHMENTS / i (7:30) * ORAL COMMUNICATIONS -- Public �Zy ADOPTION OF AGENDA 6- BOARD BUSINESS I 1. Open Space Preservation Methods Workshop -- C. Britton (10:30) ADJOURNMENT * TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. , NOTICE OF PUBLIC MEETINGS The Legislative, Finance, and Public Affairs Committee will meet on Thursday, .June 9, 1994 at 4:30 P.M. at the District office. I 330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-60 Meeting 94-15 May 18, 1994 AGENDA ITEM Open Space Preservation Methods Workshop I I GENERAL MANAGER'S RECOMME14 A ' The information and ideas presented at the workshop will allow for careful examination of the specific open space preservation methods and will provide a basis for further discussion of the most appropriate techniques for the District to pursue in its efforts to complete the greenbelt. DISCUSSION The purpose of this special meeting workshop is to explore various open space preservation methods. Staff's specific charge was to "explore with the Board of Directors at a study session additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and groups, etc.) especially in this time of extremely tight budget constraints." "Technical" definitions of various acquisition techniques have been prepared (see attached). Staff has grouped technically-similar methods together to facilitate discussion at the workshop. Light refreshments will be served from 7:00 to 7:30 P.M. The workshop will begin at 7:30 P.M. Prepared by: L. Craig Britton, General Manager Diane Blackman, Research Attorney Contact person: L. Craig Britton 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit MROSD WKSHT FOR Acquis.Mthds APPROACHES TO LAND ACQUISITION ACQUISTION METHOD: HIGH MEDIUM LOW I 1 RELATIVE COST I HIGH MEDIUM LOW I I STEWARDSHIP I (PRESERVATION 2 OVERSIGHT) PERMANENT TEMPORARY 3 LENGTH OF TIME i COMPLEX MIDDLE EASY SALES/NEGOTIATION 4 DIFFICULTY (CONCEPT) OFTEN SOMETIMES SELDOM i i USE IN OPEN SPACE 5 LAND PRESERVATION HIGH MEDIUM LOW 6 PUBLIC ACCEPTANCE OFTEN SOMETIMES SELDOM 7 USE BY OTHERS 1. PUBLIC 2. PRIVATE OFTEN SOMETIMES SELDOM 8 USE BY MROSD Page 1 1 I � I / I NAME MAILING ADDRESS PHONE All O p S�K� 1/rSMGf S t�awe� �E 94oz� i NAME MAILING ADDRESS PHONE -0 ` C736� „� 4 sfb R -521 _ w z i 4-t+T -}- . J�►.��5 Joy�� 750 Me-tj 150 P42K 64 9 4-oZ5 MR��f C�( 1600 NAME MAILING ADDRESS PHONE To B ° `�-Yaw e Y c'1`�k �9Aqb I��/ r- `CV �pQ , y+ l - b3 vct� (c ,v yo � 16o /< EV I o2 8- 6q- 9S5 7 S.} A)-)05 f 9S,,�Z y ( lz-v V e t -Ins yd a Go �.- su�� NAME MAILING ADDRESS PHONE q-��F �46 D'. (0- ) - 3-7(41 S G a Fa s (6A k 1 q,3 Ot;�7630 313 g 35�-35�� - 95031 JGy 1i n r cJa, lcl5ol, �S rc�e CA � yDGZ i Axis L A/4v£ 777 -b401 Sr -9�300 i i i i PHONE CALL FOR DATE TIME 7 A.M. M 1 OF TELEPHONED PHONE 3 RETURNED YOUR CALL AREA CODE NUMBER EXTENSI N MESSAGE PLEASE CALL WILL CALL AGAIN CAME TO SEE YOU ry-�C V LV WANTS TO SEE YOU SIGNED TVSC 1154D PHONE CALL FOR DAT TIME�E A.M. P.M. M OF TELEPHONED ��4 --- PHONE RETURNED AREA CODE % BER YOUR CALL ENSIGN MESSAGE PLEASE CALL tv WILL CALL AGAIN CAME TO SEE YOU WANTS TO SEE YOU SIGNE C 5 Sc 1154D (Aol�� P ' IS 6 � � 5 4A . ti Mr. Merwin Mace P. O. Box 306 Bolinas, CA 94924 2158 ueline Stews0 Wa ve lto, CA 943 David Fisher, Esq. Law Offices of Ernest W. Schmidt and David B. Fisher 407 Sherman Avenue Palo Alto, CA 64306 Michael Nave, Esq. Meyers, Nave, Riback & West 1220 Howard Avenue, Suite 250 Burlingame, CA 94010 Robert Quail, Esq. Reynolds, Roux, Price & Casas 5150 E1 Camino Real, Suite C-21 Los Altos, CA 94022 *,Na �'��►sWilliam Esselstein, Esq. """'��°"""* Robertson, Alexander, Luther, Esselstein, Shiells & Wright 750 Menlo Avenue, Suite 250 Menlo Park, CA 94025 Jim Curlett, Esq. Tomlinson, Zisko, Morosoli & Maser 480 California Avenue, Suite 205 Palo Alto, CA 94306 Les Hausrath, Esq. Wendel, Rosen, Black, Dean & Levitan Oakland City Center 1221 Broadway Oakland, CA 94612 Lennie Roberts Committee for Green Foothills 2-2-& gin---Bou-levarcY 331 ►A W4M �A ` CA 94306 ( ( qtZ Mr. Allan F. Brown 157 Goya Road Portola Valley, CA 94028 Ms. Patricia A. Compton 15040 Oriole Road Saratoga, CA 95070 Mr. Vince S. Garrod 22600 Mt. Eden Road Saratoga, CA 95070 Ms. Sukey Grousbeck 706 Los Trancos Road Portola Valley, CA 94028 Ms Christina Ho -oway 730 a Avenue anford, CA 9430 Mr. Melvin B. Lane 99 Tallwood Court Atherton, CA 94027 Mr. Norman Matteoni 19660 Glen Una Los Gatos, CA 95030 Mr. David W. Mitchell 526 Center Drive Palo Alto, CA 94301 Mr. F. Ward Paine 290 Mapache Drive Portola Valley, CA 94028 Mr. William Reller 39 Crescent Drive Palo Alto, CA 94301 -Ms. Anne M. _West-erfi ld 10`-Z-.r iew Lane sboroug 4010 Ms. Sue Crane 25 Cordova Court Portola Valley, CA 94028 Mr. Felix Costellanos 1261 Fleming Avenue San Jose, CA 95127 Robert C. Reese, President Robert C. Reese & Associates 1626 West Campbell Avenue San Jose, CA 95008 William Feldman, Real Property Manager City of Palo Alto Real Estate Division P.O. Box 10250 Palo Alto, CA 94303 Mr. Terry Dunning City of San Jose Public Works Department 675 North First Street, Room 1000 San Jose, CA 95112 Robert Doyle, Assistant General Manager East Bay Regional Park District Advanced Planning and Acquisition Department 2950 Peralta Oaks Court Oakland, CA 94605 Mr. Lloyd Wagstaff East Bay Regional Park District Advanced Planning and Acquisition Department 2950 Peralta Oaks Court Oakland, CA 94605 Thomas J. Ferrito, Esq. Law Offices of Thomas J. Ferrito 101 Church Street, Suite 14 Los Gatos, CA 95032 Mr. Ralph H. Brown 541 Bryson Avenue Palo Alto, CA 94306 Mr. John Gibbs Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 William Hutton, Esq. Law Offices of Howard, Rice, Nemerovski, Canady, Robertson, Falk and Rabkin #3 Embarcadero, Suite 700 San Francisco, CA 94111 Mr. Dan Wendin P.O. Box 9590 Truckee, CA 96162 Ms. Florence Lariviere 453 Tennessee Lane Palo Alto, CA 94303 Audrey Rust, Executive Director Peninsula Open Space Trust 3000 Sand Hill Road, #4-135 Menlo Park, CA 94025 Veryl Claussen, Executive Director Sempervirens Fund 2483 Old Middlefield Way, Suite 110 Mountain View, CA 94040 John DeWitt, Executive Director Save-the-Redwoods League 114 Sansome Street, Room 605 San Francisco, CA 94104 David Hansen, General Manager Sonoma County Agricultural Preservation and Open Space District 415 Russell Avenue Santa Rosa, CA 95403 Frances M. Brigmann, Director Marin County Parks, Pen O Space and Cultural Services P 3501 Civic Center Drive Room 415 San Rafael, CA 94903-4177 Gary Tate, General Manager Monterey Peninsula Regional Park District P.O. Box 935 Carmel Valley, CA 93924 Brian O'Neill, Superintendent Golden Gate National Recreation Area Fort Mason, Building 201 San Francisco, CA 94123 6W- Karen Foss, Director O ,v, Santa Clara County Parks and Recreation Department 31 i 298 Garden Hill Drive y��_iyb alb Los Gatos, CA 95030 X' Marty Rosen, President Trust for Public Land 926 J Street, #608 Sacramento, CA 95814 Steve McCormick, California Regional Director The Nature Conservancy California Regional Office 785 Market Street, 3rd Floor San Francisco, CA 94103 Vicki Moore, Director Greenbelt Alliance 122 The Alameda, Suite 213 San Jose, CA 95126 Larry Orman, Executive Director Greenbelt Alliance 116 New Montgomery, Suite 640 San Francisco, CA 94105 Mr. Len Erickson Committee for Green Foothills 2448 Watson Court Palo Alto, CA 94303 Dale Popish, MAI Dana Property Analysis 1 Waters Park Drive, Suite 129 San Mateo, CA 94403 John Woodbury, Open Space Council Coordinator Bay Area Open Space Council 116 New Montgomery, Suite 640 San Francisco, CA 94105 William S. Tannenbaum, Right of Way Consultant Associate Right of Way Services, Inc. 3496 Buskirk Avenue, Suite 105 Pleasant Hill, CA 94523 Daniel P. O ' Connell, Managing Director Sturdivant and Company, Inc. Institutional Financial Services 14 E. 76th Street, Box 57 Harvey Cedars, New Jersey 08008 Jay Thorwaldson, Director of Public Affairs Palo Alto Medical Foundation 300 Homer Avenue Palo Alto, CA 94301 Robert Walery, Manager Real Property Services County of San Mateo 590 Hamilton Street, 5th floor Redwood City, CA 94063 111�- rry Toner County 3501 lc Ce Drive Sai Rafael, CA 94903 Patrick H. Sanchez , Director County of San Mateo Parks and Recreation 590 Hamilton Street, 4th Floor Redwood City, CA 94063 t . , C3.11 � OSN4 � I PHONE CALL ol FOR DATE TIME_ � _P.M. M OF TELEPHONED PHONE RETURNED AREA CODE NUMBER EXTENSION YOUR CALL MESSAGE c PLEASE CALL WILL CALL AGAIN > CAME TO SEE YOU WANTS TO SEE YOU SIGNED G SC 1154D PHONE CALL A.M. FOR DATE TIME ��s P. rr LEPHONED OF RETURNED PHONE YOUR CALL RL� AREA CODE NUMBER EXTENSION MESS PLEASE CALL WILL CALL AGAIN CAME TO SEE YOU WANTS TO SEE YOU SIGNED SC 1154D I C� G�T� ICJ � - r 19USA' 730 c)unla� v l (V 9-4305 aIJ 2 2 9 �994 C�� 05/05/94 14-30 'V415 324 1808 T7,M&,V TOMLINSON, ZISKO, MOnOSOI I MASER p%MMM AT LAW 40 CAUKWU AU"IF S&CQM ULLUJIA PALA ALTO.,GAL*40#4A 942W ULEPHOUF Ts4OM 43 r.%IA'R-M t4lu4.32!5 r4ded Momml.JR. WLLOW E.4"D 1 oars. 14 151224-1909 J;m CdRw'Chirt"T LAMES R. WSW.'F Pain A.D*aux L(-*pjfiVj hd A"VALrm'S JAWFM WL HOOVER m4fti E.Waywik T"OMA-s L?Arww M FbCHARn D-JUOKW -C8&4Y'mSFBm"W'TA"IRN LON, THE 6TACE Of C-AIAPOW"A W"r,m lrae&ammAMAMN May 5, 1994 bwol 190.01 vrA 1? AM Um 9. XATL mr- T . ctaig Britton General Manager Midpeninsula Regional Open space District 330 Distel Circle Los Altos, California 94022 p,p! Cu es, space preservation/Mathods Workshop Scheduled for Dear Craig: T rec.t-i-ved L- the invitation to the above- workshop a covVie of weeks ago and I qUeSr. T initially misread the date of the workshop. I had thought it w% to he held April 18 rather than May IS -- I assured T had missed the opportunity to attend. I had set the invitation aside with 'my Ridge Vineyards documents with the intention that I wo"Id ronpond by letter with some of the techniques that yo" and I have had experience with. I now realize that I will be able to attend and I will plan to see you at Lhe. workshop. I nQntio-n below some of the open space presp-rvaLivn techniques Uiat ace available based upon my experience working wiLh you. The acquisition of fo17, title, vhethP-r by P11rchase Or iz obviously the L.1gli4st fnrm of ownership and. provides the District with permanent open space dedication end maximum unfettered control over the preservation and use Of such property for open space purposes. Hnwever, the acquisition of fee title is more costly than Ormn of land interests and the use pit such other forms will other f e allow the District to preserve greater acre-age as open npao than would otherwise be possible- Solna of the toufmiques we have u4-;ed include the following: (1) tha acquisition of dii open spate C.asu=-:fit 05/05/94 14:31 '0415 324 1808 TZNM Hoard of Direc.:tors May 5, 1994 Page 2 or other restriction upon the use of the land go that continued use is not inconsistent with eventual open space use (such as a long term options or right of first refusal coupled with use restrictions designed to preserve the property's character) ; (2) in order to satisfy the needs of the present owner with respect to continued compatible uses for some period of time, we have used leases for a term of years or the retention of a life estate for stated purposes; and (3) we have used the concept of the defeasible fee title which permits the nistrict to elect to retain ownership by making purchase price payments in th f ure, thereby currently preserving the open space character, 1 king 'n a purchases price while providing long term flexibility. I look for and attending the workshop on May 1$_ xf there is any addiLion 1 he p that I can Provide in advance of that workshop, p1ease let m kn w st regard m C. rl t Tomlinson, Zis pros Maser JCc/mh �523s.t i April 29, 1994 L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Craig: I would be delighted to attend your Open Space Preservation Methods Workshop, and commend you and the district staff for putting this together. While I am sure you already know more of just about every conceivable type of preservation method than anyone attending—there really is never anything new under the sun, after all—the holding of this workshop could be an important and positive step toward encouraging privately held open space lands, one of the original basic missions of the district as per a 1973 (I believe) workshop at the home of Lois Hogle. I will be attending primarily to learn about the approaches that exist and, perhaps, whether there are any approaches that ought to exist through new state legislation or local policies. Put me down for one attendee. ery best regards, y orwaldson P.S. Please change my address to my home address-345 Swett Road, Woodside, CA 94062—unless you really want me to represent the Palo Alto Medical Foundation (which would entail establishing a Foundation "policy toward open space," somewhat beyond the purview of its health care, research and health education mission, I believe). Open Space 1 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 21, 1994 Jay Thorwaldson 30944e er—Avemio— 3 y S S y 6 _n.g Alt, E3 nA 30L Cr4 GJ�sf�e Subject: Open Space Preservation Methods Workshop Dear Jay: The Board of Directors of Midpeninsula Regional Open Space District has scheduled a professionally facilitated workshop on Wednesday, May 18, 1994, beginning at 7:30 P.M. at the District's offices. The purpose of this workshop is for the Board to develop, with the assistance of the public and invited experts, an exhaustive list of open space preservation methods (i.e. fee title, conservation easement, right of first refusal, etc.). As a part of the dialogue we hope to create a list the advantages and disadvantages that may be unique to the various preservation methods and develop some statements and conclusions about the role of public agencies, land trusts and other individuals and groups relative to the potential success of these various techniques. Most of these preservation methods have already been identified and many have been explored in detail through actual practice; however, our Board of Directors, and especially the new members, would like a better understanding of the process and successes achieved throughout the Bay Area. I hope you will be able to join us. A copy of the final report would be available in the weeks following the workshop. There will be light refreshments served beginning at 7:00 P.M., May 18, 1994 at 330 Distel Circle, Los Altos, CA 94022. Please RSVP, including the names and number of participants, to Susan Dale at (415) 691-1200. Thank you for taking the time to assist the District with this important workshop. The conclusions we reach will help to guide the District's open space acquisition program in the future. Sincerely, L. Craig Britton General Manager cc: MROSD Board of Directors 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton i _ it f MEYERS. NAVE, RIBACK, SILVER & WILSON MICHAEL R.NAVE STEVEN R.MEYERS A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE ELIZABETH H.SILVER GATEWAY PLAZA 1220 HOWARD AVE.,SUITE 250 MICHAEL S.RIBACK 777 DAVIS STREET,SUITE 300 BURLINGAME,CA 94010-4211 KENNETH A.WILSON TELEPHONE:(415)348-7130 SAN LEANDRO,CALIFORNIA 94577 FACSIMILE (415)342-0886 CLIFFORDF.CAMPBELL TELEPHONE:(510)351-4300 MICHAEL F RODRIQUEZ FACSIMILE: (510)351-4481 KATHLEEN FAUBION,AICP WENDY A.ROBERTS April 2 5 1994 SA_NTA ROSA OFFICE DAVID W.SKINNER STEVEN T.MATTAS 555 FIFTH STREET,SUITE 230 RICK W.JARVIS SANTA ROSA,CA 95401 VERONICA A.F.NEBB TELEPHONE:(707)545-8009 FACSIMILE:(707)545-6617 OF COUNSEL ANDREA J.SALTZMAN REPLY TO: San Leandro Mr. L. Craig Britton General Manager MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Re: Open Space Preservation/Methods Workshop May 18 , 1994 , 7 : 30 P.M. Dear Craig: Thank you for the invitation. I would be pleased to participate in the workshop. Hopefully, I can add some perspective with regard to open space acquisition. Thank you for thinking of me. Very truly yours, MEYERS, NAVE, RIBACK, SILVER & WILSON BYf_C� MICHAEL R. NAVE MRN/j m `j � APR 2 61994 I • i i I N0NIA C01 N'I' ) AGRICULTURAL PRESERVATION & OPEN SPACE I) I 4- - I K I C 't' I 415 Russell Avenue ACQUISITION PLAN Manta Rosa,CA 95403 (707)524-7360 Fax:(707)524-7370 � Adopted December 15, 1992 Sonoma County Board of Directors Sonoma County Agricultural Preservation and Open Space District I BOARD OF DIRECTORS Director Michael Cale I st District Director James Harberson 2nd District Director Tim Smith, Chair 3rd District Director Nick Esposti 4th District Director Ernie Carpenter 5th District OPEN SPACE AUTHORITY BOARD Charles Cooke, Chair I st District Alfred A. Alys 2nd District Rebeca Trevino 3rd District Bob Anderson 4th District Heidi Gillen 5th District Bob Stone Alternate OPEN SPACE ADVISORY COMMITTEE 1st District 2nd District Theodore Eliot, Jr. Tom Bachman Jay Gamel Patricia Hilligoss 3rd District 4th District William Bettinelli Helen Bacigalupi Bill Carle, Chair Ben Collins 5th District Anne Magnie Lee Parker Mayors' and Councilmembers' Representatives Maureen Casey David Eck Jim Teague Real Estate Business Paul Hammond Maureen McDaniel Environmental Agricultural Steve Rabinowitsh Beverly Wasson TABLE OF CONTENTS INTRODUCTION 1 Background on the District 1 Structure 1 Interim Acquisition 3 Definitions 4 CONFORMITY WITH EXISTING PLANS AND REGULATIONS 4 Expenditure Plan 4 Relationship to the 1989 Sonoma County General Plan 4 Enabling Legislation 5 Environmental Regulations 5 ACQUISITION PLAN 5 Inventory of Protected Lands 5 Public and Agency Involvement 6 Objectives and Policies 6 Acquisition Plan Map - Key 8 Administrative Guidelines 10 Action Plan 11 Stewardship 11 Public Outreach 11 LIST OF EXHIBITS Exhibit A Organizational Structure 2 Exhibit B Acquisition Plan Map 9 V ACQUISITION PLAN INTRODUCTION This Acquisition Plan provides guidance to Sonoma County's Agricultural Preservation and Open Space District (the District) to carry out a voter approved ordinance for agricultural land preservation and open space acquisition. It establishes certain planning and implementation policies and identifies several categories of lands to be considered by the District when acquiring interests in lands and conducting related activities. Background on the District The formation of the Sonoma County Agricultural Preservation and Open Space District is the result of the public's concern over the urbanization and the displacement of agriculture in Sonoma County. Agriculture is of significant economic importance to the county and contributes to its rural character. Sonoma County is recognized for its natural landscape and rich plant and animal communities. The primary purpose for creating the District was to further the state policy on the preservation of open space expressed in California Government Code 65562 and to implement the Open Space and Agricultural Resources Elements of the 1989 Sonoma County General Plan. Program 4 in the Open Space Element calls for consideration of a ballot measure to establish a District to acquire and administer open space lands, including an appropriate funding source. In February 1990, the Sonoma County Board of Supervisors sponsored AB 3630, the enabling legislation for the Sonoma County Agricultural Preservation and Open Space District. In August 1990, the Board created the Open Space Authority to finance the acquisition of interests in agricultural and open space lands through a 1/4 percent sales tax. The Open Space Authority requested that the Board call a special election on a measure approving the imposition of the sales tax. In November 1990, Sonoma County voters approved Measures A and C. The purpose of Measure A was to establish the District while Measure C called for the sales tax to fund agricultural preservation and open space acquisition over a 20-year period. Structure The District's Acquisition Program involves coordination among the Board of Directors, the Open Space Authority, the Advisory Committee and staff. The organizational structure of the District is illustrated on Exhibit A and described below. The boundaries of the District are the same as those of Sonoma County. The 5-member Sonoma County Board of Supervisors serves as the District Board of Directors and is the final decision- making body for the District. -1- ORGANIZATIONAL STRUCTURE OF THE SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT BOARD OPEN OF SPACE DIRECTORS AUTHORITY Ole OPEN SPACE ADVISORY ———— GENERAL MANAGER w COMMITTEE �H Ws n ... t STAFF kv:..w...s..,...u..s:uwi;Yl✓..ua�:.k..v�$ ��# EXHIBIT A The Open Space Authority is responsible for collecting the sales tax revenues and has entered into an agreement with the District for the use of those funds. In accordance with the agreement, the Open Space Authority shall review and approve the District's budget and may conduct periodic audits of the District's management practices or financial affairs. The agreement further stipulates that the District adopt an Acquisition Program. The Authority is also required to determine general plan and Expenditure Plan consistency for proposed acquisitions. The 17-member Citizens' Advisory Committee, appointed by the District Board of Directors, is comprised of representatives from various interest groups and the cities. Responsibilities of the committee include advising the District Board and staff on policy matters and making recommendations for proposed land and easement acquisitions. Four subcommittees concentrate on specific topics: Policies and Procedures, Acquisition, Public Outreach and Stewardship. Interim Acquisition Plan The agreement between the District and the Open Space Authority stipulates that an Acquisition Plan be prepared prior to acquisition of rights in land or easements by the District. The Acquisition Program was developed in two phases: 1) the Interim Acquisition Plan and 2) this Acquisition Plan. The Interim Acquisition Plan, approved by the Board of Directors in October 1991, enabled the District to respond to special property offers which occurred prior to adoption of this Acquisition Plan. For purposes of the Interim Plan, a special project was defined as: "The offer of rights in land to the District from an owner of record which is identified as representing a significant opportunity to preserve agricultural lands, open space or natural habitats consistent with the District's goals, where the price is favorable to the District and by the passage of time, it is reasonable to assume that such opportunity may be lost, and therefore it is deemed appropriate that the staff conduct negotiations for acquisition and submit the purchase for approval by the Board of Directors prior to the adoption of the District's Final Acquisition Plan. The Interim Acquisition Plan process included an evaluation checklist to identify specific characteristics of the property and opportunities for open space and/or agricultural preservation. The following material pertains to the District Acquisition Plan which incorporates elements of, yet supercedes, the Interim Acquisition Plan. -3- Definitions For purposes of the Acquisition Plan, the following definitions are in effect: Agriculture The production of food, fiber and plant materials. Open Space An area of land or water which is essentially unimproved and used for the preservation of natural resources, the managed production of resources, for outdoor recreation and for public health and safety. Conservation Easement A legal covenant that imposes restrictions over the uses of and the type and amount of development on a particular property. The precise restrictions applied to the property and included in the conservation easement are mutually agreed upon by the landowner and the District. Fee Title A recorded legal covenant showing ownership of and title to the full bundle of rights in any real property. Opportunity Purchase A purchase of highest priority requiring immediate action which may not have been considered under the normal funding allocation set forth in the annual Action Plan and where the factors for purchase are highly desirable. CONFORMITY WITH EXISTING PLANS AND REGULATIONS Expenditure Plan The purpose of the Expenditure Plan, approved by the Open Space Authority and incorporated into Measure C, is to "implement the 1989 Sonoma County General Plan by preserving agricultural land use and open space." The Expenditure Plan is generally based on the County's Open Space and Agricultural Resources Elements and provides for other open space projects within the cities. The District's acquisitions will primarily involve purchase of conservation easements from willing sellers; however, lands may be acquired in fee for public recreation where compatible with open space designations described in the Expenditure Plan. The Open Space Authority must ensure that the District's Acquisition Plan is consistent with the adopted Expenditure Plan and with applicable general plans. The Open Space Authority also must determine that District acquisitions would reduce public highway and transportation costs. Relationship to the 1989 Sonoma County General Plan Several elements of the 1989 Sonoma County General Plan are relevant to the District's Acquisition Program. The Open Space Element establishes policies and programs to preserve the scenic and natural resources of the county. Open space designations adopted as part of the General Plan include, but are not limited to, community separators, scenic landscape units, scenic corridors, critical habitat areas and riparian corridors. -4- The Agricultural Resources, Land Use and Resource Conservation Elements include policies to protect agricultural lands and other sensitive areas. The general plan establishes three categories of agricultural lands to enhance and protect land for continued agricultural production and to provide for a full range of agricultural uses. These categories are: Land Extensive Agriculture, Land Intensive Agriculture and Diverse Agriculture. District acquisitions generally will be focused on lands designated in the Open Space Element and other significant agricultural and resource areas. Enabling Legislation The District was formed under Section 5500 et. seq. of the Public Resources Code. Acquisition and management of lands by the District will conform to the provisions of the enabling legislation. Specifically, Section 6 states that the District shall not exercise the power of eminent domain. Further, the District may not validly convey any interest in real property actually dedicated and used for park or open space purposes, or both, without the consent of a majority of the voters of the District in a special election called by the Board and held for that purpose (Section 5540). Environmental Regulations Environmental laws which are pertinent to the District's program include the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The District adopted guidelines for implementation of CEQA in October 1991. Adoption of the Acquisition Plan, individual property acquisitions and other District activities will conform to CEQA, where necessary. District projects which may involve federal funding will require conformance with NEPA. ACQUISITION PLAN Inventory of Protected Lands The process of delineating areas of focus for the Acquisition Plan involved research and mapping of lands in the County which are presently subject to some means of open space or resource protection. This included, but was not limited to, an inventory of land interests held by the following organizations and agencies: Local, County and State Parks Departments University of California California Academy of Sciences Nature Conservancy Audubon Canyon Ranch Sonoma Land Trust (SLT) California Department of Fish and Game (CDFG) Bureau of Land Management (BLM) U. S. Army Corps of Engineers (USACE) These lands have been classified according to the existing level of protection into one of two categories: 1) Public Ownership, and 2) Other Protected Lands (easements, CDFG managed areas, etc.). -5- Public and Agency Involvement Between December 1991 and March 1992, the District held a series of six noticed workshops throughout the County to solicit public input into the Acquisition Plan. Participants were asked to identify areas which they felt the District should acquire or otherwise protect. Areas of interest as well as issues of concern were expressed in written, verbal and graphic form, resulting in approximately 50 maps and 150 written responses. In addition to individual comments, the District received input from public agencies and various citizens', agricultural and environmental organizations. The District further invited input into the plan through presentations to over fifty (50) groups, including City Councils and civic, business and other community associations. Material compiled through public involvement was reviewed and documented for consideration in the plan. Objectives and Policies The following objective and policies were developed to direct the District's Acquisition Program. The policies are intended to prescribe and prioritize areas within the Acquisition Plan and to provide for the preservation of those lands. Objectiv Over a 20-year period, the District shall seek to acquire interests in Sonoma County's agricultural, natural resource and open space lands in a manner which will encourage and promote their perpetual preservation. Policies The Acquisition Plan shall: I - Adhere to the intent of the public as expressed by the passage of Measures A and C in the November 1990 Sonoma County general election. 2 - Conform to the 1989 Sonoma County General Plan and the State Public Resources Code and provide for the consideration of the cities' general plans as those relate to the overall purpose of the District. 3 - Show mapped areas of significance based upon the District's priorities which are accompanied by written criteria. 4 - Consider general areas of interest to the District including: a. lands designated in the County General Plan Open Space Element b. areas designated for agricultural use in the County General Plan Agricultural Resources Element C. areas identified through public interest, and d. other areas which conform to the intent of the District. -6- 5 - Evaluate and prioritize within the District's annual Action Plan special areas of interest according to the following criteria: a. consideration of areas within existing open space designations, with priority being given to community separators b. consideration of areas near existing protected lands C. cooperation with other agencies in preserving land d. protection of crucial natural resource areas e. protection of agricultural lands under threat of conversion or loss to urban development f. protection of resource or scenic lands threatened by development or other adverse land use change 9- consideration of areas which fulfill more than one of the above To further its objective and to implement this Acquisition Program, the District shall: 6 - Allocate a minimum of 95% of the District Sales Tax Revenue for acquisitions and acquisition-related costs for the first five (5) years following the District's creation. 7 - Pursue through the District's annual Action Plan the preservation of Category One lands. Where appropriate, consider acquisition of interests in all designated areas based on factors such as the urgency or advantage of a particular sale, changes in market conditions, land costs, likelihood of development or possible gifts or grants. 8 - Acquire rights in agricultural lands or open space primarily through the purchase of conservation easements or, in certain circumstances, by fee title purchase. 9 - Make the fullest use possible of available grants and gifts to further agricultural and open space preservation. 10 - Utilize a broad range of real estate techniques such as life estates, term payments or other options to augment the District's Acquisition Program. 11 - Cooperate with other public agencies and private organizations to achieve mutual goals which further the Sonoma County General Plan Agricultural Resources and Open Space Elements. This should include the solicitation of joint or outside funding sources. 12 - Evaluate projects within incorporated jurisdictions on a competitive matching grant basis. Give preference to acquisitions and projects affecting both incorporated and unincorporated lands and watercourses. -7- i 13 - Review and update the Acquisition Plan at least every five (5) years. Provide the opportunity for the public to offer comments and recommendations. 14 - Consider the purchase of lands in fee for public recreation where the public use would be compatible with open space designations as described in the adopted Expenditure Plan. The Acquisition Plan m shown s Exhibit B was prepared b an ad hoc commits comprised map o a P P Y committee P of District staff and Citizens' Advisory Committee representatives. In order to identify lands within the three (3) categories, the ad hoc group evaluated each of the nine (9) county planning areas with respect to the above policies. This analysis included, but was not limited to, consideration of land use and open space designations, public input, State important farmlands (Department of Conservation), mapped biotic resource areas, Cities' general plan policies and existing protected land inventories. Key considerations for the Acquisition Plan are distinguished by planning area in Appendix A on file at the District office. Acquisition Plan Map - Key The District's level of interest in acquiring interests in real property described in the following categories: Category One: The District has a clear and committed interest in acquiring interests in lands and will actively pursue acquisition in these areas. These areas are important to preserve for agricultural use and/or open space in order to avoid continuous urbanization. Category Two: This category encompasses areas important to maintain the scenic quality of the county and to allow for continued agricultural productivity. This is a large area where acquisition and preservation by the District will not be possible in all areas. The District will act where considered most urgent or advantageous on a case by case basis. Category Three: The District will act in these areas in cooperation with other agencies, when any major change in circumstances threatens important resources, or where opportunities such as bargain sales and gifts may occur. These areas, although important, are not considered to be under immediate threat, and therefore, the initial role of the District is a supportive one. Other Areas: The District has the legal ability to acquire interests in lands throughout the County. The District will act in these areas where exceptional circumstances warrant response to a clear and legitimate threat to, or significant degradation of, the County's agricultural, open space or natural resources. -8- Administrative Guidelines In order to direct its acquisition efforts, the District will develop administrative guidelines. These guidelines will describe the methodology for pursuing acquisition of interests in lands within the various categories established by the Plan (e.g. consideration of bidding process vs. market solicitation of landowners in those categories). The guidelines also should include consideration of an opportunity purchase reserve fund which will allocate a specific amount for emergency purchases requiring immediate action. The District shall coordinate with the Open Space Authority to establish procedures for operation of this fund as well as an appropriate amount. The administrative guidelines will outline the District's procedures for individual acquisitions as follows: 1) Expression of interest by staff or landowner in a particular property 2) Initial contact by staff to ascertain importance of property to District's Acquisition Program 3) Signed letter of interest and/or project application indicating commitment by landowner or his/her representative to work with District 4) Initial staff site visit and documentation of physical characteristics of property and surrounding area 5) Completion of evaluation checklist by staff 6) Recommendation by Acquisition Subcommittee to full Advisory Committee 7) Recommendation and direction by Advisory Committee for staff to proceed with negotiations 8) Initiation of CEQA process by staff 9) Report to District Board of Directors to inform of potential acquisition 10) Presentation to Open Space Authority for General Plan and Expenditure Plan consistency determinations 11) Securement of title reports, necessary appraisal information and other pertinent documents 12) Negotiations a. Drafting and review of transaction documents b. Mutual agreement of price, terms, conditions and stewardship considerations between District staff and landowner 13) Staff return to subcommittee to review final details of transaction 14) Staff report to Advisory Committee for recommended action on transaction -10- 15) Request to Open Space Authority to provide funding for opening escrow , 16) Presentation to District Board of Directors for approval of acquisition 17) Closing/publicity 18) Finalization of baseline documentation 19) Monitoring of transaction terms Action Plan In accordance with the Administrative Guidelines, the District shall adopt an annual Action Plan which is consistent with the Acquisition Plan. The Action Plan will outline particular priorities and areas of critical concern to focus the District's acquisition efforts and funding for the ensuing fiscal year. The District shall consult with the Cities on a regular basis regarding the Acquisition Program and the annual Action Plan. As a part of the Acquisition Program, the Action Plan will be reviewed and approved by the Open Space Authority. Development of the Action Plan should occur at approximately the same time as the annual budget (April). Upon adoption of the Acquisition Plan, the District will prepare and adopt an Action Plan for Fiscal Year 1992-93. Stewardship Implementation of the Acquisition Program will require proper and effective management for all District holdings (easements and fee title). Management provisions must be identified for individual acquisitions. For example, the District is required to prepare baseline documentation which spells out the provisions of the easement which the District will monitor. This information will consist of photographs, maps and timetables to ensure appropriate management of the District's interests. Where feasible, the District should encourage land or easement management by other agencies and through volunteer and peer programs. The District should maximize the assistance of existing park or other agency staff to manage its lands acquired in fee. Following the initial five (5) years of the District, consideration should be given to the long- range funding of necessary stewardship for District land holdings. Public Outreach An integral component of the District's Acquisition Program is public outreach. For individual acquisitions, publicity should be tailored to the landowner's needs. The District will emphasize that acquisition of easements on private property does not imply that public access is permitted. The District will encourage public involvement to further the Acquisition Program and related activities. Within the first three (3) years, a landowner's handbook will be developed to explain the District's policies and procedures regarding land acquisition. (Final.Doc) -11- i i •N ACQUISITION PLAN LAN CATEGORY 1 CATEGORY 2 f CATEGORY 3 O O O t .I� i J KILOMETERS 0 a g MILES 0S r• This map is for illustrative purposes only and should not be interpreted as parcel-specific information. \ Prepared by SCAPOSD staff,June 29, 1992 \\ REVISED 9/92 "uw AAY ADOPTED 12/15/92 EsSELSTEIN, WRIGHT, WILLIAM 0. ESSELSTEIN JONES & GREENBERG TIMOTHY C. WRIGHT KINGSFORD F. JONES A PROFESSIONAL CORPORATION DIANE S. GREENBERG SUSAN D. FLAX ATTORNEYS AT LAW OF Covr4stL. HAROLD C. WRIGHT 750 MENLO AVENUE, SUITE 250 MENLO PARK, CALIFORNIA 9402S FORMERLY ROBERTSON. ALEXANDER 141SI 324-0622 FAX 14151 321-0198 LUTHER. ESSELSTEIN SHIELLS & WRIGHT April 28, 1994 L. Craig Britton General Manager 330 Distel Circle Los Altos, CA 94022-1404 Re: Open Space Preservation/Methods Workshop Dear Craig: Thank you very much for your invitation to attend the Workshop on May 18, 1994. It sounds like a very interesting meeting which I would ordinarily enjoy attending. Unfortunately, one of my public agency clients has a meeting scheduled for that evening which I will have to attend. However, my partner Kindsford Jones, who has a considerable amount of experience in real estate and planning law and has a long association with environmental interests, is available that evening and plans to be present in my place. King should be able to provide some valuable insights on issues of interest to the District's Board of Directors. truly ours, % Esselstein WDE/lc cc: Susan Dale F- APR 2 i r FEE THE ESSENCE OF FEE OWNERSHIP OF LAND IS THE RIGHT OF POSSESSION AND THE RIGHT TO EXCLUDE OTHERS. AT COMMON LAW THE OWNER OF LAND HAS THE RIGHT TO USE, DEVELOP, MORTGAGE, ASSIGN, SELL, TRANSFER, DEVISE OR GIVE AWAY ALL OR ANY PORTION OF (OR ANY INTEREST IN) THE LAND. Fee Title An estate in real property in which the owner has the right to transfer by inheritance, that is by deed or will. A fee interest continues into the indeterminate future. Although there are various kinds of fee title the term "fee" used alone as in "acquire a fee interest" generally refers to a "fee simple absolute." A fee simple absolute is the largest estate in land, is without limitation or end and is not defensible or conditional. Defeasible Fee A defeasible fee (or fee simple defeasible) differs from fee simple absolute because it can be taken from the owner and returned to the grantor or given to another upon the happening of a described event or condition. The conditions apply to whomever owns the land; the right of continued ownership is defeated by the occurrence of the described event. In all other respects the owner of a defeasible fee has all the rights of ownership. Life Estate An ownership measured by the life of a natural person. It is not a fee interest because it has a definite and determinable end, continuing only as long as the named person or persons lives. The owner of a life estate has all the rights of ownership as would a fee owner, except the right to continue the estate into the indeterminate future. When the last person named to measure the estate dies, the estate transfers to another person named in the original grant (a third party or the grantor). A life estate holder has the responsibility not to commit "waste," that is to substantially reduce the value of the property by abusive or destructive use. Co-Tenancy Co-tenancy is the ownership ofo shared interest in land. Each co-tenant is entitled to use all of the land, and OO CD'teO8Otc@D exclude another co-tenant from any part Ofthe land (except by agreement between the co-tenants). Although the shared interests in the land might be Unequal (say one co-tenant has O one-eighth interest, another three-eighths and athi[d one-half) all co-tenants have equal rights in the land. The difference in their interests is important primarily in determining the relative money values of their interest and thus the rights and burdens of each party tothe costs and proceeds related to the land ownership. Thus, for example, if one co-tenant pays the entire tax bill on the property, that co-tenant can recover from the others o share of the cost in proportion to each co-tenants interest in the property. The |avv leaves it to the co-tenants to resolve between themselves what iafair and right. If the co-tenants cannot agree on a fair allocation of the use of the property, the only remedy is partition. Partition ordinarily involves O court ordered S3la of the property and proportional distribution of the proceeds, but may involve actual subdivision of the property, if legally permissible. Corporate Shares The purchase of shares in a corporation whose p[|nnery asset is land may result in significant influence on the use and development of the corporation owned land. Although corporate shares do not result in legal title (deed) to any interest inthe land, they may result in an equitable interest, that is legally protected rights in the use, � management and sale of the land. � � Sale and Leaseback The grantor retains possession of conveyed property under lease from the grantee. � � | � � ^ �~ EASEMENT A POSITIVE EASEMENT GIVES THE HOLDER THE RIGHT TO DO ON SOMEONE ELSE'S LAND SOMETHING THEY WOULD OTHERWISE HAVE NO RIGHT TO DO. FOR EXAMPLE, ENTER ANOTHER PERSON'S LAND OR LAY PIPES FOR UTILITIES. A NEGATIVE EASEMENT IS THE GIVING UP OF A RIGHT BY A LANDOWNER OF SOMETHING THE LANDOWNER WOULD OTHERWISE BE PRIVILEGED TO DO. FOR EXAMPLE, WHERE A LANDOWNER IS ORDINARILY PERMITTED TO ALLOW TREES TO GROW, OR TO CUT THEM, AS THE LANDOWNER CHOOSES, THE LANDOWNER CAN SELL THAT RIGHT AND AGREE TO MAINTAIN THE TREES IN A SPECIFIED FASHION. A NEGATIVE EASEMENT ORDINARILY DOES NOT CREATE A RIGHT, OTHER THAN ENFORCEMENT, IN ANOTHER PARTY. Trail Easement An easement allowing non-motorized passage over the lands of another, ordinarily by the public. Agricultural Easement An easement which gives the holder the right to restrict the use of another person's land to agricultural uses. Its primary purpose is to assure the landowner a viable source of income, support sustainable agricultural use of land, restrain taxable value, and maintain compatibility with surrounding lands. Open-Space Easement Generally, an easement created under California Government Code Sections 51050 et seq. or 51070 et seq. (Open-Space Easement Act of 1974) in which the owner relinquishes to the public the right to construct improvements and otherwise enforceably restricting use of the land to maintain and preserve the natural or scenic character of the land. The statutes require either acquisition by a city or county, or approval by the same for acquisition by a non-profit organization qualifying under Section 501 (c)(3) of the Internal Revenue Code and including the preservation of open space as a stated purpose in its articles of incorporation. Other parties may similarly agree to restrict the use of land, but in the absence of participation or approval of the city or county, such an easement would not fall under the provisions of the Open-Space Easement Act of 1974. � � Conservation Easement An oeoOD1ent Created under California Civil code Sections 815 8t seq. HnfO[ue8bly restricting use Of the land "k} retain land predominantly in its natural, scenic, historic, agricultural, forested, or open-space condition." Under the Civil Code only certain entities may hold conservation easements: (1) Tax exempt nonprofit organizations qualified under Section 501 (C) Of the Internal Revenue Code and qualified to do business in this state which has as its primary purpose the preservation, protection, or enhancement or land in its natural, scenic, historical, agricultural, forested Or open-space condition or use or (2) The state or any city, county, city and county, district, or other state or local governmental entity. Conservation easements may not be acquired by condemnation DO[ � may a governmental entity extract @ conservation easement as @ condition of a permit or grant of other entitlement. Development Rights A fee VvvneF can sell almost any rights connected with the ownership of the land. In � Acquisition development rights acquisition the fee owner sells the right to develop all or a portion of the property. It is essentially a negative aoSern8n1 because it prohibits the fee OxvOer from taking action otherwise permitted but (other than enforcement) creates no new rights in the grantee. The fee nvvO8r retains all other rights and thus can make other uses � of the property. � | � � � � OPTION A RIGHT GIVEN FOR CONSIDERATION TO ACQUIRE PROPERTY AT AN AGREED UPON PRICE AND TERMS WITHIN A SPECIFIED TIME. FOR THE CONSIDERATION THE OPTIONOR GIVES UP THE RIGHT, FOR A LIMITED TIME, TO WITHDRAW OR REJECT THE OFFER. IT CREATES A RIGHT IN THE OPTIONEE TO PURCHASE, BUT DOES NOT BIND THE OPTIONEE TO MAKE THE PURCHASE. IN THE ABSENCE OF AN OPTION CONTRACT THE OFFEROR CAN WITHDRAW AN OFFER ANY TIME BEFORE WRITTEN ACCEPTANCE. Option to Purchase An option to purchase is a contract in which one person (the optionor) agrees to sell land or rights in land to another person (the optionee) on terms specified in the option contract. The optionee has the choice (option) to buy or not buy. The optionee pays the optionor for the right to make that choice, but there is otherwise no penalty for deciding not to buy. In contrast, if parties enter into a contract to purchase the seller can require the buyer to pay the price and take title to the land. The price paid for an option is often more related to interest rates than land values. Lease with Purchase Option A contract for lease may also contain an option for purchase, either during the lease term or upon its termination. As with any option it must contain the essential purchase terms such that all the optionee need do is exercise the option to purchase. Although occasionally referred to as a "lease option," it should not be confused with an option to lease. Right of First Refusal In contrast to an option, a right of first refusal does not obligate a landowner to sell. It requires a landowner considering a purchase offer to give the holder of the right of first refusal an opportunity to match the terms of the offer and prevents the landowner from selling to the original offeror if the holder of the right of first refusal accepts those terms. RESERVATION OF RIGHTS � /\ RESERVATION OF RIGHTS OCCURS WHEN A PROPERTY IS SOLD OR TRANSFERRED AND THE GRANTOR RETAINS SOME RIGHT(S) SUCH AS THE RIGHT TO TAKE SUB-SURFACE MINERALS, TO LAY PIPES OR WIRES ACROSS THE PROPERTY FOR UTILITIES, OR USE A RIGHT OF WAY FOR INGRESS AND EGRESS (ACCESS) TO SOME OTHER PROPERTY. Focused F\egB|e The resale of a portion of purchased lands with restrictions to limit and control future use to maintain compatibility. For example, limited areas may be conveyed for communication sites. Purchase Resale In a purchase and resale, the entire fee interest is purchased and then the property is sold with restrictions on future use and development for compatibility with open-space. If the resold fee is defeaoib|8 then the property can be recovered if prohibited activities occur. (This is @ reversionary interest). Partial Development The acquiring entity directly participates in developing o portion Of the acquired property. Joint Venture Development An association of persons jointly undertaking a single uornnneruia| enterprise for profit. ! (Limited Purpose Partnership) Unlike o partnership it does not necessarily contemplate e continuing relationship between the parties. In most instances, however, the law of partnerships applies to � joint ventures. / Land Exchange An axoh8Dga of lands can often be beneficial to both parties either by avoiding or | resolving disputes or by making it practicable for each party to have land beat suited to | their needs. Particularly in the exchange of adjoining lands, care should be taken to evaluate the relative values of the lands to be exchanged (and the relative values on the new resulting parcels in a |VL line adjustment) with less emphasis on the relative area (size) of the exchange parcels. Use restrictions may be used to permit reasonable use Of � the exchange parcels, if unrestricted use would adversely affect near-by open space / lands. This may also he o preferred method to [8So|va encroachment problems. � � . ~ . MISCELLANEOUS � [and Trust Facilitation Certain non-profit organizations serve as land trusts, which are chartered LO protect land by acquiring land and rights in land. Their organizational status may make it possible for o land owner to take tax advantages not available in 8 conveyance to 8 public entity. � Such organizations frequently seek to sell Vr transfer their lands to public agencies as SOOD GS practicable. Thus, referral of the land owner to the land trust may result in ultimate acquisition to the best advantage of all involved parties. Working with O land trust can also facilitate the acquisition and exchange of lands, such as vvhara agency owned land which io outside that agency's boundaries is exchanged for lands held by the land trust within that agency's boundaries. � Tax Sale When a property owner fails to pay taxes the property may be "sold tO the otate". The � term "sold to the state" is not an actual transfer of title, but starts a five year period in which the property 0vvOe[ must [8d8enn the property or lose title. If the property owner fails to pay the delinquent taxes, COStS and penalties (that is redeem the property) within the five years the local tax collector may actually transfer title to the State' The property is then sold to recover the delinquent taxes. Before the property is offered at public auction certain public agencies (including open-space and park agencies) must be notified of the availability of the property. Eminent [}0008iV Eminent [}ODlgiO is the exercise of the right of the SOV8[oi8D (the government) to force 8 property owner to sell all or portion of property for public use (afte[ a finding that the property is necessary for such public use). The law requires fair compensation {othe land owner. Thus a public nQOnoy exercising eminent domain (condemning the property) must appraise the property to establish fair market value. Foreclosure Foreclosure is the enforcement ofa lien by sale Uf property given as security. If property owner fails to pay on a loan secured by reel property the lender may foreclose, that is, sell the property to pay the loan. Although the lender has an obligation to S8U for o fair price, the lender is motivated primarily to recover the delinquencies. The lender is not obligated to delay orspeculate oStothe potential Ofobtaining o better price. The foreclosed property, thus, CGD Often be Ob18iD8d for b8lOvV market values. Bankruptcy A landowner in bankruptcy may have needs that can be met best by 8 public agency acquisition. ID addition tD immediate cash availability, a public agency acquisition can often offer tax advantages not available in the private sector. In some cases On existing contract may be affected by bankruptcy. An understanding of and careful attention to the needs ofa party in bankruptcy can be result in creative solutions of advantage to both parties. Transfer of Development In contrast to merely giving up a right to develop, in the transfer of development rights Rights (TOR) the grantee gains the right of development given up by the grantor. Where the law eUovvo, T[)Rmoen be mu|d or exchanged for other property Or property rights. Development Dedication The dedication of public amenities such as trail rights oron open space easement required ofa property owner 8sa condition Ofdevelopment. Mitigation Brokering Development authorized in the face of adverse environmental consequences often requires mitigation measures such as habitat restoration and/or the purchase and protection of similar habitat lands. /\ local agency can participate in the mitigation process by guiding ittothe appropriate land acquisition and/or habitat restoration on its uvxn land, providing the necessary long term protection and management. Creative Financing Sophisticated landowners may agree to enter into unusual but mutually beneficial financing arrangements. For example, in the face 0f significant capital gains taxes o landowner might find advantage in o 30yamr interest only note. � � Planning Policies Planning policies established by cities and counties can have a significant effect OO the patterns and degrees ofdevelopment. These local agencies use general plans, zoning and other local ordinances to guide and control development of lands within their jurisdiction. Such regulations can often b8 highly controversial because land values are directly affected by development potential. Co-Tenancy Co-tenancy is the ownership of a shared interest in land. Each co-tenant is entitled to # use all of the land, and no co-tenant can exclude another co-tenant from any part of the land (except by agreement between the co-tenants). Although the shared interests in the land might be unequal (say one co-tenant has a one-eighth interest, another three-eighths and a third one-half) all co-tenants have equal rights in the land. The difference in their interests is important primarily in determining the relative money values of their interest and thus the rights and burdens of each party to the costs and proceeds related to the land ownership. Thus, for example, if one co-tenant pays the entire tax bill on the property, that co-tenant can recover from the others a share of the cost in proportion to each co-tenants interest in the property. The law leaves it to the co-tenants to resolve between themselves what is fair and right. If the co-tenants cannot agree on a fair allocation of the use of the property, the only remedy is partition. Partition ordinarily involves a court ordered sale of the property and proportional distribution of the proceeds, but may involve actual subdivision of the property, if legally permissible. Corporate Shares The purchase of shares in a corporation whose primary asset is land may result in significant influence on the use and development of the corporation owned land. Although corporate shares do not result in legal title (deed) to any interest in the land, they may result in an equitable interest, that is legally protected rights in the use, management and sale of the land. Sale and Leaseback The grantor retains possession of conveyed property under lease from the grantee. FEE LAW THE THE ESSENCE OF FEE OWNERSHIP OF SAND IS THE RIGHT OF POSSESSION AND TRANSFER, DEVISE OR OTHERSHE RIGHT TO EXCLUDE IVE AWAY AL�OR ANY PORTION OWNER OF LAND HAS THE RIGHT TO USE, DEVELOP, MORTGAGE, ASSIGN, OF (OR ANY INTEREST IN) THE LAND. fer Fee Title An estate in real property in which the owner into theend to minatesfutubre.'Although thehet is by deed or will. A fee interest continues are various kinds of fee title the term "fee" used alone as in "acquire a fee interest" generally refers to a "fee simple absolute." A fee simple absolute is the largest estate in land, is without limitation or end_and is not defeasible or conditional. De feasible Fee A defeasible fee (or fee simple defeasible) differs from fee simple absolute because it can be taken from the owner and returned to the grantor or given to another upon the happening of a described event or condition. The conditions apply to whomever owns the land; the right of continued ownership is defeated by the occurrence of the described event. In all other respects the owner of a defeasible fee has all the rights of ownership. Life Estate An ownership measured by the life of a natural person. It is not a fee interest because it has a definite and determinable end, continuing_only as long as the named person or has all the rigs of ownership asa fee persons lives. The owner of a life estate state into the indeterminate futu ewWhen the owner, except the right to continue the e last person named to measure the estate dies, the estate transfers to another person named in the original grant (a third party or the grantor). A life estate holder has the responsibility not to commit "waste," that is to substantially reduce the value of the property by abusive or destructive use. Conservation Easement An easement created under California Civil code Sections 815 et seq. enforceably restricting use of the land "to retain land predominantly in its natural, scenic, historic, agricultural, forested, or open-space condition." Under the Civil Code only certain entities may hold conservation easements: (1 ) Tax exempt nonprofit organizations qualified under Section 501 (c) of the Internal Revenue Code and qualified to do business in this state which has as its primary purpose the preservation, protection, or enhancement or land in its natural, scenic, historical, agricultural, forested or open-space condition or use or (2) The state or any city, county, city and county, district, or other state or local governmental entity. Conservation easements may not be acquired by condemnation nor may a governmental entity extract a conservation easement as a condition of a permit or grant of other entitlement. j Development Rights A fee owner can sell almost any rights connected with the ownership of the land. In Acquisition development rights acquisition the fee owner sells the right to develop all or a portion of the property. It is essentially a negative easement because it prohibits the fee owner from taking action otherwise permitted but (other than enforcement) creates no new rights in the grantee. The fee owner retains all other rights and thus can make other uses of the property. EASEMENT ' A POSITIVE EASEMENT GIVES THE HOLDER THE RIGHT TO DO ON SOMEONE ELSE'S LAND SOMETHING THEY WOULD OTHERWISE HAVE NO RIGHT TO DO. FOR EXAMPLE, ENTER ANOTHER PERSON'S LAND OR LAY PIPES FOR UTILITIES. A NEGATIVE EASEMENT IS THE GIVING UP OF A RIGHT BY A LANDOWNER OF SOMETHING THE LANDOWNER WOULD OTHERWISE BE PRIVILEGED TO DO. FOR EXAMPLE, WHERE A LANDOWN ER IS ORDINA RILY PERMITTED TO ALLOW TREES TO GROW, OR TO CUT THEM AS THE LANDOWN ER CH OOSES, THE LANDOWNER CAN SELL THAT RIGHT AND AGREE TO MAINTAIN THE TREES IN A SPECIFIED FASHION. A NEGATIVE EASEME NT ORDINARILY DOES NOT CREATE A RIGHT, OTHER THAN ENFORCEMENT, IN ANOTHER PARTY. I Trail Easement An easement allowing non-motorized passage over the lands of another, ordinarily by the public. Agricultural Easement An easement which gives the holder the right to restrict the use of another person's land to agricultural uses. Its primary purpose is to assure the landowner a viable source of income, support sustainable agricultural use of land, restrain taxable value, and maintain compatibility with surrounding lan ds. Open-Space Easement Generally, an easement created under California Government Code Sections 51050 et seq. or 51070 et seq. (Open-Space Easement Act of 1974) in which the owner relinquishes to the public the right to construct improvements and otherwise enforceably restricting use of the land to maintain and preserve the natural or scenic character of the land. The statutes require either acquisition by a city or county, or approval by the same for acquisition by anon-profit organization qualifying under Section 501 (c)(3) of the Internal Revenue Code and including the preservation of open space as a stated purpose in its articles of incorporation. Other parties may similarly agree to restrict the use of land, but in the absence of participation or approval of the city or county, such an easement would not fall under the provisions of the Open-Space Easement Act of 1974. RESERVATION OF RIGHTS /\ RESERVATION OF RIGHTS OCCURS WHEN A PROPERTY |S SOLD ORTRANSFERRED AND THE GRANTOR RETAINS SOMER|GHT(S) SUCH AS THE RIGHT TO TAKE SUB-SURFACE MINERALS, TO LAY PIPES OR WIRES ACROSS THE PROPERTY FOR UTILITIES, OR USE A RIGHT OF WAY FOR INGRESS AND EGRESS (ACCESS) TO SOME OTHER PROPERTY. Focused Roae|a The naoa|e of portion of purchased lands with restrictions to limit and control future use to maintain compatibility. For example, limited areas may be conveyed for � COn0nluOiC8tiOO sites. � � | Purchase Resale In a purchase and resale, the entire fee interest ispurchased and then the property is � sold with restrictions on future use and development for compatibility with open-apace. � If the resold fee is defe8oible then the property can be recovered if prohibited activities | ' occur. (This is a reversionary interest). Partial Development The acquiring entity directly participates in developing @ portion of the acquired property' Joint \/8DtU[e Development An association of persons jointly undertaking m single oonmrn8FCial enterprise for profit. (Limited Purpose Partnership) Unlike a partnership it does not necessarily contemplate 8COntiOuing relationship between the parties. In most instances, however, the law of partnerships applies to 'mint ventures. � Land Exchange An exchange of lands can often b8 beneficial tO both parties either by avoiding Or � resolving disputes O[ by making it practicable for each party to have land best suited tO � their needs. Particularly in the exchange of adjoining lands, uoma should bo taken to � -` � evaluate the relative values of the lands to be exchanged (and the relative vo|u8o on the new resulting parcels in o lot line adjustment) with less emphasis on the relative area (size) of the exchange parcels. Use restrictions may be used to permit reasonable use Of the exchange parcels, if unrestricted use would adversely affect near-by open space lands. This may also be a preferred method to resolve encroachment problems. � OPTION ' A RIGHT GIVEN FOR CONSIDERATION TO ACQUIRE PROPERTY AT AN AGREED UPON PRICE AND TERMS WITHIN A SPECIFIED TIME. FOR THE CONSIDERATION THE OPTIONOR GIVES UP THE RIGHT, FOR A LIMITED TIME, TO WITHDRAW OR REJECT THE OFFER. IT CREATES A RIGHT IN THE OPTIONEE TO PURCHASE, BUT DOES NOT BIND THE OPTIONEE TO MAKE THE PURCHASE. IN THE ABSENCE OF AN OPTION CONTRACT THE OFFEROR CAN WITHDRAW AN OFFER ANY TIME BEFORE WRITTEN ACCEPTANCE. Option to Purchase An option to purchase is a contract in which one person (the optionor) agrees to sell land or rights in land to another person (the optionee) on terms specified in the option contract. The optionee has the choice (option) to buy or not buy. The optionee pays the optionor for the right to make that choice, but there is otherwise no penalty for deciding not to buy. In contrast, if parties enter into a contract to purchase the seller and take title to the land. The rice aid for an he rice a p can req uire the buyer to a t P q Y pay p option is often more related to interest rates than land values. Lease with Purchase Option A contract for lease may also contain an option for purchase, either during the lease term or upon its termination. As with any option it must contain the essential purchase terms such that all the optionee need do is exercise the option to purchase. Although occasionally referred to as a "lease option," it should not be confused with an option to lease. Right of First Refusal In contrast to an option, a right of first refusal does not obligate a landowner to sell. It requires a landowner considering a purchase offer to give the holder of the right of first refusal an opportunity to match the terms of the offer and prevents the landowner from selling to the original offeror if the holder of the right of first refusal accepts those terms. Bankruptcy A landowner in bankruptcy may have needs that can be met best by a public agency acquisition. In addition to immediate cash availability, a public agency acquisition can often offer tax advantages not available in the private sector. In some cases an existing contract may be affected by bankruptcy. An understanding of and careful attention to the needs of a party in bankruptcy can be result in creative solutions of advantage to both parties. Transfer of Development In contrast to merely giving up a right to develop, in the transfer of development rights Rights (TDR) the grantee gains the right of development given up by the grantor. Where the law allows, TDRs can be sold or exchanged for other property or property rights. i Development Dedication The dedication of public amenities such as trail rights or an open space easement required of a property owner as a condition of development. Mitigation Brokering Development authorized in the face of adverse environmental consequences often requires mitigation measures such as habitat restoration and/or the purchase and protection of similar habitat lands. A local agency can participate in.the mitigation process by guiding it to the appropriate land acquisition and/or habitat restoration on its own land, providing the necessary long term protection and management. Creative Financing Sophisticated landowners may agree to enter into unusual but mutually beneficial financing arrangements. For example, in the face of significant capital gains taxes a landowner might find advantage in a 30 year interest only note. Planning Policies Planning policies established by cities and counties can have a significant effect on the patterns and degrees of development. These local agencies use general plans, zoning and other local ordinances to guide and control development of lands within their jurisdiction. Such regulations can often be highly controversial because land values are directly affected by development potential. MISCELLANEOUS Land Trust Facilitation Certain non-profit organizations serve as land trusts, which are chartered to protect land by acquiring land and rights in land. Their organizational status may make it possible for a land owner to take tax advantages not available in a conveyance to a public entity. Such organizations frequently seek to sell or transfer their lands to public agencies as soon as practicable. Thus, referral of the land owner to the land trust may result in ultimate acquisition to the best advantage of all involved parties. Working with a land trust can also facilitate the acquisition and exchange of lands, such as where agency owned land which is outside that agency's boundaries is exchanged for lands held by the land trust within that agency's boundaries. Tax Sale When a property owner fails to pay taxes the property may be "sold to the state". The term "sold to the state" is not an actual transfer of title, but starts a five year period in which the property owner must redeem the property or lose title. If the property owner fails to pay the delinquent taxes, costs and penalties (that is redeem the property) within the five years the local tax collector may actually transfer title to the state. The property is then sold to recover the delinquent taxes. Before the property is offered at public auction certain public agencies (including open-space and park agencies) must be notified of the availability of the property. Eminent Domain Eminent Domain is the exercise of the right of the sovereign (the government) to force a property owner to sell all or a portion of property for public use (after a finding that the property is necessary for such public use). The law requires fair compensation to the land owner. Thus a public agency exercising eminent domain (condemning the property) must appraise the property to establish fair market value. Foreclosure Foreclosure is the enforcement of a lien by sale of property given as security. If a property owner fails to pay on a loan secured by real property the lender may foreclose, that is, sell the property to pay the loan. Although the lender has an obligation to sell for a fair price, the lender is motivated primarily to recover the delinquencies. The lender is not obligated to delay or speculate as to the potential of obtaining a better price. The foreclosed property, thus, can often be obtained for below market values.