HomeMy Public PortalAbout19950628 - Agendas Packet - Board of Directors (BOD) - 95-16 k
1
Open Space——
------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-16
REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
7:30 P.M. 330 Distel Circle
Wednesday Los Altos California
June 28, 1995
(7:30) ROLL CALL
** ORAL COMMUNICATIONS -- Public
SPECIAL ORDER O g g F THE DAY -- Pledge of Allegiance
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- P. Siemens
*** APPROVAL OF MINUTES
May 26, 1995 (Consent Item)
June 14, 1995 (Consent Item)
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
(7:45) 1. Proposed Expansion of Dog Access on Designated District Preserves,
Tentative Adoption of Criteria for Evaluating Preserve Suitability for Dog
Access, and Direction to Staff to Prepare a Schedule for Use and Management
Plan Amendments to Further Consider Tentatively Adopted
Recommendations -- W. de Wit
a. Dog Use Committee Report -- W. de Wit
b. Staff Report -- C. Britton
(8:45) 2. Authorization for General Manager to Approve or Deny Damage Claims
Against the District Less Than $2,500 -- C. Britton
Resolution Authorizing the General Manager to Approve or Deny Certain
Claims Against the District.
(8:50) 3. Authorization to Purchase 1,465-Acre Rancho de Guadalupe Property Adjacent
to Sierra Azul Open Space Preserve and Almaden Quicksilver County Park for
$6,750,000 and Tentative Adoption of Preliminary Use and Management Plan
for the Property, Including Intention to Withhold Dedication of the Property as
Public Open Space -- C. Britton
330 I)istel Circlet ° Los Altos, CA 94022-1404 * Phone: 415-691-1200 , FAX:415-691-0485 - E-mail: mrosdanwtcom.com
Board of Oirectors fete Siemens,Mary C.Davey, Teem I ienslww,Ginny Babbitt, Nonette Hanko,Betsy Crowder,Wim de Wit
General hAamger:I.Craig Britton
Meeting 95-16 1 Page 2
Resolution Authorizing Acceptance of Purchase Agreement, Authorizing
Officer to Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open
Space Preserve - Lands of Rancho de Guadalupe, Inc.)
Resolution Providing for the Issuance and Delivery of$1,000,000 Principal
Amount of a Secured Promissory Note to Peninsula Open Space Trust (Sierra
Azul Open Space Preserve - Lands of Rancho de Guadalupe, Inc.)
(9:10) 4. Authorization to Purchase 162-Acre General Convention of the New Jerusalem
Property Adjacent to Sierra Azul Open Space Preserve for $226,000 on
Defensible Fee Basis and Tentative Adoption of Preliminary Use and
Management Plan for the Property, Including Intention to Withhold Dedication
of the Property as Public Open Space -- C. Britton
Resolution Authorizing Acceptance of Purchase Agreement - Defeasible Fee,
Authorizing Officer to Execute Certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open
Space Preserve - Lands of General Convention of the New Jerusalem)
5. Final Adoption of Amendment to Comprehensive Use and Management Plan
for Russian Ridge Open Space Preserve to Realign 0.7-Mile Segment of the
Bay Area Ridge Trail -- M. Gundert
(9:15) INFORMATIONAL REPORTS -- Brief announcements or reports by members of the
Board and/or staff on District related activities. No action or deliberation to
take place. Matters of interest to the Board may be referred to staff or placed
on a future agenda.
REVISED CLAIMS (Consent Item)
CLOSED SESSION - None Scheduled
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: 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.
*** All items on the consent calendar shall be approved by one motion unless a Board member
removes an item from the consent calendar. A member of the public mgy request under oral
communications that an item be removed "o the consent calendar.
From: OBasil@aol.com
Date: Wed, 28 Jun 1995 11:26:39 -0400
To: mrosd@netcom.com
Subject: Dog access on MPROSD
Dear General Manager and Board of Directors,
I am writing to register my support of increased access for dogs on open space lands. I realize that dogs, like
every other user group, have an impact on the preserves, but also think this impact is no worse than that of the
horses, mountain bikers and group hikers. If the district is fair enough to cooperate with the dog owners, this
dog owner will certainly cooperate with the district in mitigating the additional work for staff.
Sincerely,
Dan Bernstein
3614 McNulty Way
Redwood City, CA.
94061
JUN-2!3-95 WED 07:49 AM SEQUOI0 CIRCUITS 4159621199 P. O'l
Attn: L. Craig Britton
Midpeninsula Regional Open Space Preserve
Re: Opening MRQSD trails to dogs
As frequent users of MROSD trails we are writing in order to express our
disapproval of allowing dog access to these trails. We have previously owned
dogs and realize what an enjoyable part of life they can be. However for the
following reasons we feel that dogs should not be permitted on the MROSD trails.
I - As avid birder watchers and wildlife observers, we feel that dogs are
disruptive to this activity. Where is nothing more frustrating than having just
located a birdlaninial with binoculars only to lose it due to an outside
interruption.1t is reasonable to expect that allowing dog access to trails will result
in disruption to an activity that numerous people enjoy.
2 - As parents of a four year old daughter we understand that dogs are quite
intimidating to some children. Although our daughter is fascinated by dogs and
other pets, she is terrified by large dogs. 77his is true to the extent that she panics
and frantically demands to be picked up when they approach her. As parents we
have been attempting to alleviate her fear by slowly acclimating her to dogs.
Allowing dogs on trails will result in abrupt encounters that we expect will
undermine this.
While a dog leash is useful to restrain the dog from chasing wildlife and
intimidating children, we expect that once dogs access is allowed that some
percentage of these dogs will be unleashed. Although it isn't the intent to allow
this we believe it will be difficult to control..
Sincerely,
Robert & Debbie Hollyer
455 Aspen Way
Los Altos
(415) 962-1742
lI
JA-0a
IV
lfl+P�-c'ra�
-O�
U
Date: Mon, 26 Jun 1995 17:47:39 GMT
To: mrosd@netcom.com
From: ckilcoin@argotech.com (Chris Kilcoin)
Subject: Dog Access to Midpeninsula Open Space Preserves
Dear Madam/ Sir:
I am writing to you to request that my name be added to the dog mailing list. I am concerned with the very
limited access our dogs have in the area. My friends and I will be glad to explain our concerns further at your
meeting Wednesday evening. Thanks for your time.
I can be reached at:
Christopher Kilcoin
3865 Page Mill Road
Los Altos Hills, CA 94022
day: (415) 598-1350 x211
evening: (415) 948-8835
41596701e2 SOUT-6JALL*MKTG/SALES T-9?3 P-001 JUN 27 195 13:16
297 Barbara Avenue
Mountain View, CA 94040
June 26, 1995
Nfidpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
To Whom It May Concern:
I recently became aware that there is a group advocating allowing
dogs on trails on M.R.O.S.D. land. Having been a frequent user of
M.R.O.S.D. land in the past and currently being a dog owner I strongly
support dogs being allowed on trails. Horses leave a far larger mess
on trails (usually in the middle where we humans prefer to walk)
than dogs. A dog is going to cause no more damage to the land than
the native animals. I believe that humans are more likely to trash
the environment and scare away the native animals than dogs are.
I am a strong supporter of the environmental movement and
appreciate what your organization does for maintaining open space
in our area. I have been a frequent volunteer at Hidden Villa and sat
on their Board of Trustees- I do hope that you will support this issue.
Sincerely,
Carol Michaels
I
i
I
j y p y 4
Q E C" W
ro
fr
ITI
ID
lb 17
R '4 G
Hf
n\AJ 0 mil
Z, P ro
G► ICI7
(TI T 6
FROM FGLAR EQUIPMENT TNT -1 WALLACE ACNE NO. 408 867 457F PO1
12881 Foothill lane
Sarato a,CA 95070-3712
PhoneIFAX 46 7-4576
23 June 1995
Board of Directors
Midponir►sula Regional Open Space District
330 Dsstel Circle
Mountain View,CA 94022-1404
FAX 415-691-0485
Dear friends,
On Wednesday,28 June, Nfidpern's Hoard is scheduled to receive the report of the Dog
Access Committee. As d ovm,ers who have been shut out of District reservc3,we should.
dog P
appreciate your consideration of these answers to the concerns about permitting owner-
accompanied dogs off-leash on District trails.
Wildlife concerns: Some fear that the presence of dogs In a park or preserve will frighten
away all the wildlife. But coyotes,which arc far snperior to domestic dogs in hunting ability,
are all over the countryside—even in Ivilaide subdivisions;wildlife accustomed to evading
coyotes are not likely to be caught by dogs. (Dogs running in packs at night are a different
story--but we're talking about owners walking our dcsgs on trails during the day!)
rurthermore, most wildlife arc nocturnal in habit,denting up during the drry;the occasional
deer out walking in daylight is likely to hear(and/or scent)people with dogs on the trail,and
can easily avoid being seen by them;in any cam,a healthy dc-or would have no difficulty
ouhunning domestic dogs,especially in the dense brush that tends to cover L.'aliforrnia hillside::
and especially with the dog's owner present. Dogs have had no effect om the wildlife that
inhabits my cul-de-sac along Calabarns Creek;am(n-g 10 houses with few fences and 10 dogs
(German shepherd,golden retrievers,Irish wolfhound, sheltie,morels), we find deer
strolling about munching the greencry,and skunks,raccoons and opossums abound
(pomums and skunks have come in our cat donor,when our dog is in the house).
Q=Scat Some people complain about dog scat on trails,but dogs will avoid defecating an a
trail if they have the freedom to go pff trail,especially if they can hide in brush or Rarest;this is
instinctive.-a dog is vulnerable to amck when sclnat ' and theresfore tries to hide. And if a
dog Am leave scat on a steep sidehill trail,a responsib a owner will remove it from sight and
scent by hitting it off trail with stick or boot and c*wering,it with dirt or leaves. Strangely,
those who abject to dog scat don't seem to nzind the much more voluminous house manure—
nor do they obiect to coyote scat on try.
For many years we have been leading day hikes and backpack trips with ffirum 3
to 0 ogg,and have never had any problems. Our dog hikes have met hearses,people and
dogs on the trails,and have never had a dog-people-or horse-problem. Dogs off-leash and
away from home have nothing to defend,and arc not aggresbive toward people or other
dogs(dwugh they might react to hostility evinced by a passerby);they take their cue from
their owners'attitude uW behavior,whether it be friendly,neutral or,hostile. A dog on leash
might be defensive,considering the leash as drfirring territory;our(never leashed)dog often
jovctc wide berth to leashed dogs,but meets unleashed dogs as friends.
An part of the dog access task:force,we assisted in the survey of dog access in parlcs and
open Vase grenTvm wau m the rmmbp,.qurryigg other agencies on their experience-if any_
with dogs on trails. in general,agem-i"which allow dogs on or off leash report no Problem
with them. The FAsthay Regional Park LNstrkt, for example,allows dogs offleash on open
FROM : FCLAR B-DUIF T ltlC R WPLLACE PFUNE NO. : 408 4576 P02
space trails, and reports no difficulties,and district rankers lead dog hikes in some of the parks.
Maryh4loor Park in Bellevue,WA,has a large wild area along, the Sarnmantish River which is
open to dogs off-leash; a dog-less friend of ours says that walking those trails is a delight, that
the people and dogs are happy, friendly, fun to chat with.
Fear 9J Some people have a phobia about dogs,just as some people have phobias
abanat,mires or heights. That doas t lead us to destroy all the snakes hi our parks and
preserves, nor to level tall buildings;instead.,we try to educate such people about the place of
snakes in life,and how to avoid meeting them. if you open--and sign--,a few trails to dogs off-
leash,people who don't wish to meet dogs can hike on the trails that are dosed to do s. (t ant
afraid of being ruts over by mountain bikes—so I stay off trails that are open to thel t
Need for don cam anierns: The people who want to take their dogs on hikes are people who
underptand and love their dogs,are very close to them. Many are people who live alone,
ex for their dogs,and depend on them for companionship. Th k forward t, loo o
except open
'°� e'}' relaxing
on the weekend especially with that dose companion doctors have hound that t owners are
Pe Y P t Pe
healthier,have louver blood pressure and live longer). Many single women feel (with much
justification)that hiking alone is unsafe,anul will not use the trails without the prulectiun
afforded by a dog. Therefore, they are likely to be out hiking with their dogs on trails where
dogs are alirwed. 'There ahould be a few trails in the MRUSU open to dogs off-leash!
Trails for -J J Iags: Here are some csuggestions for Preserves in the south end of the
District which would be appropriate for access to off-leash dogs:
1. Sierra Azul-Perking is limited, so there are few hikers and bikers;no rooni for hoz-6e
trailers. The trail is a dirt road,traversing steep,densely brush-c"verc d hillsides;dogs would
find it very difficult to go off-trail,and would be little if any danger to any wild animals.
2. St.Joseph's Hill -Popular with hikers,runners and bikers,some of the trails in this
Preserve are wide old vineyard roads, with plenty of rovnn,fvr all users. We have walked this
Preserve with dog on leash and have worked on trail maintenance there,and have never seen
any wildlife. We see no reason to require all dogs,to be leashed on these wide trails.
3. Fremont Older- This Preserve is popular on weekends with hurstrd,runners,holsters and
bikers,prb arily on the trails to Hunter's Hill;it is r.-parsely used on weekdays. City of
Saratoga trails to the Prt.-r erve through Parker Ranch go around Garrod Farces property and
connect to the Lookout Trail down to Stevens Canyon Trail (we hope to persuade the County
Park Commission to open that trail (to dugs)making a good loop trail back to Frenu id Older.
During the week in par4icular,these trails could safely be used by well-behaved dogs oW eash.
!. MMonte Bello From Rhus Ridgr Read or the gate on Monte Hello Road one can hike to
Black Men retain, and these routes are not heavily used,.,A)offAeash dogs would cause no
problems.
We hope that dv-,bv answers and suggestions will receive srrir us cxinsideration by the
Doard and that you will be able to open some Mails, at least on a trial basis, to dogs off leash
but undcnwntrol.
Sincemly,
M 'one Ottenberg 1�
E. Wallace
PS. Although I was the campaign manager for Ward 1 in the election for formation of the
District, I will not came to the June 25 celebration;we will be leaching a dog hike on trails that
permit dogs off-leoc;h.
v
r�rl "
-�
�aZU/
r
�t� i
v
i
i
s
cioJ
^� MS. NURIEI J KING
3155 DRYWOOD IN !9
SAN JOSE CA 95132
CYO G'YI.E" -�X fe��b% �o n C P r �► P
a C C P-S S
- .�f 2 u✓�D�v oyv
Li�%�
Q
ore
QCQi.,Je- -L� Q G 5 1,41
/
YEA el 1 i 4--"—'" 9 Ca� r� u� ✓ S c m p r'
v, C^- Cd h S
D z
C
Call received 6/23/95 by Kathleen, against dog access
Heartily against expanding areas for dogs and dog owners in preserves.
Don't think it should be expanded - just be done away with. Loose dogs
frighten people, animals, and birds - upset whole ecology.
Sometimes they kill animals.
Dog people let their dogs loose. I'm old - I go and yak at them. I'm not
afraid to. They illegally ride their bikes too. Dogs bother coyotes &
nesting birds. Dogs have to be on leash & dog owners have to clean up!
Ann Coleman, Dudley Lewis, Ann Griffin mailed out a letter on June 19 --
that's why she's calling.
Anita Jesse, San Jose
Active with CNPS
1
f
)i
Magic V 1 41 5 323 4232 Wfii23195 (USMAM
MAGIC—
it
P
stankil,CA'Wn)
t4l"j 123-7333
22june 1995
Board of Directors
IM RC)S D
330 Distel Circle
IA)s Altos, CA 94022-110/1
Dear MROSD Directors:
I am writing about dogs on MROSD lands.
I am a dog lover. Some ofiny fondest memories are of a golden retriever named Gordon, and
a Cerman shepherd mix named Shiva. You c;an track my shifting personality and cultural
identity by the breeds and t-he names. I arn alsoa lover of cats, birds,and other oft-domesticated
menials. Increasingly I am an appreciator of everything that lives ff even the scary stuff the
microbes That may parasitize me.
Several years ago, I undertook a study of the coevolution of humans and domesticated ani-
mals. Our roots as keepers of other species run deep. As more and more of its crowd onto the
F-irth, and make less and less room f*(')r other life Of MOST kinds, long-standing ideas and feelings
about how we relate to the rest of the living world may become less and less adaptive.
I value the district for its protection of nature,and while I recognize that you and I and our
dogs and c-ats are rill part of nature, what I seek when I go to district lands is escape from the
world as you and I have shaped it,es�pe from.animals that come when called,or have been bred
to docility,escape from lawns, and gardens,as well as from cars and hOLISeS and streets. In the
district I aim to move closer to what was before we heavy-handedly imposed our ideas of ought.
So I Vote for less,rather than more dog access,less,rather than more bike access (this from
someone who owned a"—it for less than two of his fifty years,and who has bicycled enough miles
to go several times around the world). I vote for multiple use to entail restricting certain uses to
very limited locale as it must if wild 'nature" is to remain somewhere nearby accessible.
And I do this all with a reluctance similar to that which I feel in many adaptations to a world
increasingly lean of what we want,and increasingly burdened by what we fear. In this era,all of
us will surrender some familiar pleasures if we are to protect those we value more.
Thank you for your consideration.
Sincerely,
David Schroin
B [: RLINGAME BANK & TRUST
D.k%':D V.CAmPSELL
June 19, 1995
Board of Directors'
Mid-Peninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Gentlemen:
I applaud your continued review of dog access in the District. I believe, as
most dog owners do, that dogs have a place in selected preserves.
Please continue to keep me informed, as your review progresses.
Sincerely,
David V. Campbell
President& CEO
DVC:kas
,AO 0PI,,IP,0,E ROAD CALIFORMA"4010 TELEPHONE 41 -1-;,i 2500
Susan Cole V 415-328-4812 WMI 9t95 G9:49 PM W
June 19, 1995
Midpeninsula Regional Open Space District
Dear people of the Dog Use Committee,
I have received the June 14th letter describing the proposed increased access for
dogs at several open space preserves. I am an avid hiker and a dog owner, and I
want to express my support for the opening of some preserves to people with their
dogs. I hope that the proposed changes will go into effect, and encourage you to
proceed with them.
Sincerely,
Susan Cole
420 Stanford Avenue
Palo Alto, CA 94306
415-321-9447
Kendric C. Smith
927 Mears Court
Stanford, CA 94305-1041
(415) 493-7210 (voice or fax)
e-mail: kendric@aol.com
http://www.rahul.net/kendric/
June 23, 1995
L. Craig Britton NOTE: Same letter sent to
Midpeninsula Regional Open Space District Wim de Wi t, Mary Davey,
330 Distel Circle and Ginny Babbitt
Los Altos, CA 04002-1404
Dear Mr. Britton:
To open ALL Open Spaces to dogs seems contrary to what Open Spaces are for. You
don't allow motorized vehicles on the trails because of the NOISE, and the DANGER to
others. The same should apply to dogs.
Barking dogs frighten the animals, the birds, and people.
Dogs should be allowed on a leash, ONLY in very limited areas, NOT the whole Open
Space.
And, why in heaven's name should MROSD be involved in organizing dow owners
(item #10)? It sounds now as if the MROSD is already A CLUB FOR DOG OWNERS!
Our dog is dead, but I would feel the same if she were alive.
DO LET THE OPEN SPACES GO TO THE DOGS!
Sincerel yours,
h
ndric C. Smit
�Ros�
Cz -
� >�� rn'�-emu k�
c-, ��Sa�- Hotl • ,�v� �a M � d�
00> �
.
Dn / r
j vNG Fl//lCCdia�
l�rrA � tG�a ' U`� a� '�
,t� d..�od-� o-�.- ,Qego6rss. %.LrcviLe �aa� ,aZztw�.
'yN,�,�� .� fie, Gam. � a �= -�d �'
(1�y ow ,�<� , " D ;+fit' �AT„�, ate G��,
.(ivs(s��t A.o /itat ,�zuizcel�.aG --�"c
.� . 4 " ,w��,ena .
/�wt �""x °�` au eko" �"�
� �
���
II
RESOLUTION
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 TO
EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO THE TRANSACTION
(SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF
RANCHO DE GUADALUPE, INC.)
The Board of Directors of the Midpeninsula Regional Open Space District does
resolve as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept the offer contained in that certain Purchase Agreement, including
the first, second, and third amendments thereto, between Rancho de Guadalupe,
Incorporated, a California Corporation and the Midpen'insula Regional Open Space District,
copies of which are attached hereto and by this reference made a part hereof, and authorizes
the President or appropriate officers to execute the Agreement, as amended, on behalf of the
District.
Section Two. The President of the Board of Directors or other appropriate officer is
authorized to execute Certificates of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given
appropriate notice of acceptance to the seller. The General Manager further is authorized to
execute any and all other documents necessary or appropriate to the transaction.
Section Four. The General Manager of the District is authorized to expend up to
$5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related
to this transaction.
Resolution No. Page 2
Section Five. It is intended, reasonably expected and hereby authorized that the
District's general fund will be reimbursed in the amount of $6,750,000 from the proceeds of
the next long term District note issue. This Section of this Resolution is adopted by the
Board of Directors of the Nfidpeninsula Regional Open Space District solely for purposes of
establishing compliance with the requirements of Section 1.103-18 of the Treasury
Regulations. The reimbursement of this payment expenditure is consistent with District's
budgetary and financial circumstances. There are no funds or sources of moneys of the
District that have been, or reasonably are expected to be reserved or allocated on a long-term
basis, or otherwise set aside to pay the costs of this open space land acquisition project which
are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The
Board of Directors hereby declares District's official intent to use proceeds of indebtedness
to reimburse itself for this open space land acquisition project expenditure.
THIRD AMENDMENT TO PURCHASE AGREEMENT
This amendment to Purchase Agreement is entered into as of June , 1995 by and between
Rancho de Guadalupe, Incorporated, a California corporation, (hereinafter called "Seller")
and the Midpeninsula Regional Open Space District, a public district organized under the
laws of the State of California (hereinafter called "District").
1. Seller and District previously entered into a Purchase Agreement dated March 2, 1995
by the terms of which the Subject Property referred to therein was to be purchased by
District and thereafter entered into two amendments to the Purchase Agreement, dated
April 26 1995 and May 24 1995.
P Y
2. District has completed an investigation of the physical and environmental condition of
the Subject Property. As a result thereof, District has requested and Seller has agreed
that the Purchase Price of the Subject Property will be modified as set forth herein.
3. Now, therefore, it is mutually agreed that the Purchase Agreement is hereby amended
as follows. In all other regards, the Purchase Agreement and its prior Amendments
are unmodified and unchanged.
Paragraph 2 is amended to read as follows: The total purchase price
("Purchase Price") for the property shall be Six Million Seven Hundred Fifty
Thousand Dollars ($6,750,000.00) which shall be paid in cash at the closing (as
defined in Section 3 hereof).
Paragraph 9(i) is added to read as follows: In addition to the documents
provided by Seller, as part of District's investigation of the Property, District has
obtained copies of certain reports and documents by its own efforts regarding the
physical, geologic and environmental condition of the Property. These are:
"Mercury Impacts in Soil and Sediment", June 2, 1995, Secor Environmental
Engineering.
Cost Estimate for Closure of Shaft at Guadalupe Mine, June 7, 1995, Decon
Environmental Services, Inc.
Correspondence, Steffen, Robertson and Kirsten, Consulting Engineers to
William Mackey, September 28, 1989, 1 page.
Memo, William Mackey to Ian Hutchinson, October 2, 1989 with site audit
addendum, 5 pages.
SRK site sketch with sample sites, undated, 1 page.
Correspondence, SRK to Quentin Smith, October 18, 1989, regarding site
audit, 4 pages.
Amendment to Purchase Agreement Page 2
Mine Hazard Investigation, East Bay Regional Park District, May 17, 1995.
As set forth in Section 9(d) of this Agreement, as a result of its environmental
investigation, including these documents, District raises no objections regarding the
physical, environmental and geologic condition of the Property. In light of all of the
information in its possession, District accepts the physical, geologic and
environmental condition of the Property as set forth in Section 9(e) of this Agreement.
MIDPENINSULA REGIONAL OPEN RANCHO DE GUADALUPE, INC.
SPACE DISTRICT
Charlene Johnson, Esq.`, on half of
Susan Schectman, District Counsel Edward Reidy, Special Ad 'strator of
the Estate of Benigno Toda Jr., Sole
Shareholder
Date
Date "
Z
,Edward Reidy, peci Admt
strator
of the Estate o�Benigno Toda J Sole
Shareholder -
Date
Donald Osborne, Vice President Rancho
de Guadalupe, Inc.
Date
06-22-95 08: 12PM FROM S&C 250 PARK 1 TO 125 BD PD04/004
Z !� ti�fi—� •1u�iN�['1'1 rl�i'1 t1T..N d/'F15.r Ylir�a aa.r `
Azmodmmd lR PW*W AO=Mzt PAp 2
gio ,rmW gq gegkml park DfimiM May 17, 1995.
. As V ftZ jn 30CtiDu g(d)of �� a� $rt ult af•ia mvirosun�entrl r
jn�t dgaam�ls�VbtWm ms•na ot�ea$oms Ong the
---a ad�1�c of t5e Px�y. in Hot ofanat t!� '
Wmm*n is jh pmegam, We ptiyt , 8 f d
ato prop"its Id fora In Sew0a 9{e) of thin A Oat
ULA 0 'AL CW=f O DE Qd[fpnwi.UP'S,
SPAN)ClV3TqJ=• 1
Susaa . DiKW BdvQ:trd RaYdy. Aibfio-s
Ew
dic of Tda it., SC&
nib-
-A-
Exto of Bmtpw'Ibda Jr., Bole
. 9bu�lder
Daft
-Lcl
,Vkc-ftesMeM RnncW
P.83
b Karla :5bg9Cti691 t '
NoaNxOr at+d A85I71VH r NDNA ei•51 9B-za-rtflil
R-95% FROM SSC 250 PARK 1 JJBH FF F 06-22-95 08: 10PM P004 #43
Open Space
..............
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RI E,50L U Timy No.—
RESOLUTION OF MIE BOARD OFDIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
HONORING AND COMMENDING KAREN FOSS
JVIIE REAs, the A,fi(J17eninsula Regional o1?(,nSj)ace District has enjoyed a cooperative,productive,
and inutuallyslipporlive relationship i,,ith the sollia clara County Parks and Recreation
Department; and
WHEREAS, since 1993, Karen Fuss, (ry Director qfCowily Parks, has worked diligently to
enhance and maintain that "Clation.,diij), and has been instrumental in ensuring that
C0111111tillicatioll, cooperation, erne I,.(),-k ht,111y,en the District and County Parks is a top
priority; and
WHEREAS, Karen implemented the,fij-.q joint management retreats, to bring together the
management shij ( District to discuss mutual issues, share
?fCoilllfY Parks and the openSpace Divtj
experiences and ideas, till(l ellhallec relations beliveen the livo agencies; and
WHEREAS, Karen's work with ComitY Parks has resulted in a number oj"successfid collaborations
with the District, including the joint purchase of.lacques Ridge enabling an important extension Of
the Bay Area Ridge Trail,- the Comity'.v participation infiinding.for Deer Hollow Farm, which was
instrumental in keeping Illis ec,nrnnnril p/j,(,,jsnrc open and operating; and the joint pill-chase off the
BurtkoWskiproperty, it'hich was cl-110(11 to providing a connection between Sanborn Skyline County
Park, ElSereno Open Slyace Preserve, and Villa Alontal"o.
Now, THEREFORE, BE 17'REsmVEV that the Board qI'Directors of the Midpeninsula Regional
QpeiiSpace District honors, cnnn 1(, and M'ChliMS Karen Doss for her accomplishments during
more than 25years of public service,jor her progressive management oj*the Santa Clara County
Parks Department, olld jnr her leadership in local and regional parks issues. The Board further
wishes Karen the best in her future endeavors, on this occasion of'her retirement from public
service.
Adopted by the Board of Directors,
.June 28, 1995
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-12
REGULAR MEETING
BOARD OF DIRECTORS
May 24, 1995
MINUTES
I. ROLL CALL
President Pete Siemens called the meeting to order at 7:36 P.M.
Members Present: Pete Siemens, Betsy Crowder, Nonette Hanko, Ginny Babbitt,
Mm`YDavey,
Teena Henshaw, and Wim de Wit.
Personnel Present: Craig Britton, Malcolm Smith, John Escobar, Randy Anderson,
Sue Schectman, and Susan Dale.
II. ORAL COMMUNICATIONS
There were no oral communications.
III. ADOPTION OF AGENDA
Motion: W. de Wit moved that the Board adopt the agenda. G. Babbitt
seconded the motion. The motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
T. Henshaw requested that agenda item 5, Authorization to Apply for a State
Environmental Education Grant for the David C. Daniels Nature Center Phase I
Exhibits, be removed from the consent calendar. B. Crowder and W. de Wit
requested Revised Claims 95-10 be removed from the consent calendar.
Motion: T. Henshaw moved that the Board adopt the consent calendar as
amended including approval of minutes dated May 10, 1995 and the
written communication responses to Paul Bocian, 1049 W. Olive
Avenue, A, Sunnyvale and to Robert Zatkin, P. O. Box 620502,
Woodside. M. Davey seconded the motion. The motion passed 7 to 0.
V. BOARD BUSINESS
A. Agenda Item 1 - Amendment to the Use and Management Plan for Long
Ridge Oven Space Preserve to Construct a Portion of the Bay Area Ridge
Trail Report R-95-66j
330 Distel Circle - Los Altos, CA 94022-1404 , Phone: 41 5-091-1200 . FAX:41.5-091-045.5 - E-mail: mros(]@rietcorn.com
Board of Directors:Pete Siemens,Maty C,Davey, teeny I lenshaw,Ginny Babbitt,Nonette I lanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Meeting 95-12 Page 2
R. Anderson highlighted the staff report, noting that the District's National
Recreational Trails Fund grant includes the construction of a one-mile
segment, mostly on Long Ridge Open Space Preserve, of the Bay Area Ridge
Trail. He said that the proposed trail would cross Portola Park Heights Road
near the existing gate at Skyline Boulevard and showed overheads depicting the
proposed trail alignment and crossing. He stated that a neighborhood meeting
was held on April 25, 1995 with Portola Park Heights residents to discuss the
trail alignment and crossing. He said that staff would be addressing concerns
regarding signing and trespass in the design of the trail crossing and that
district legal counsel would be responding to liability issues that had been
raised.
h P. Box 254 Redwood City, asked if an other trail
Sandra Touc att . O.
> tY� Y
crossings were proposed, said she felt a two-way gate at the trail crossing
would be appropriate to protect trail users and the Portola Park Heights
residents, adding that bicyclists created the real problem, said she felt the
District had not been a good neighbor because the District had not worked
with the Portola Park Heights neighbors on application for FEMA funds for
road damage on the Portola Park Heights Road, and questioned the District
ranger's role at the PortoLa Park Heights Road Association meetings. In
response to S. Touchatt's questions, R. Anderson said that there could be
additional trail crossings in the future, and J. Escobar explained the application
process the District followed as a public agency to apply for FEMA funds and
said that District staff attend road association meetings primarily to participate
in decisions regarding road repair.
Charlie Touchatt, P. O. Box 254, Redwood City, stated that he felt the
District ranger at the Portola Park Heights Road Association meetings, held
prior the FEMA application deadline, should have informed the residents that
the District was applying for FEMA funds and should have suggested the
residents look into FEMA funding, expressed his thanks to the District field
staff for all their help during the winter storms, requested that Board meeting
packets be mailed earlier, questioned the exact location of the trail crossing to
the entrance gate, and stated the District had to be very careful that the
proposed trail did not become a four-wheel drive trail.
Dr. Linda Huntimer, 400 Doherty Ridge Road, La Honda, a newly-elected
member of the Portola Park Heights Association, explained the process she
used to apply for FEMA funds in behalf of the association prior to the second
application deadline, said she felt it would be good to exchange information of
mutual interest at the road association meeting, and requested she be added to
the notification list, noting she had not received a notice for the April 25
Meeting 95-12 Page 3
neighborhood meeting. C. Britton, after confirming that Dr. Huntimer was a
new property owner in the area, stated that her name and address was not on
the District's most current assessor's list microfiche used to notify neighbors
as required by Board policy.
T. Henshaw, referring to the application for FEMA funding, suggested that the
Board review the Good Neighbor Policy, with a particular focus on being
more cognizant of two-way communication that benefits both the District and
the District's neighbors. C. Britton stated that the District should have
informed neighbors about its FEMA application activities, adding that staff
would investigate whether anything could be done at this time to assist the
Portola Park Heights residents.
In response to a question posed by Portola Park Heights resident Pat O'Coffey
regarding legal concerns that were documented and raised at the April 25
meeting, S. Schectman stated that staff was researching the liability concerns
and would be responding in a letter. She said that there are a couple issues,
adding that there are alot of immunities that protect both private property
owners and public agencies for recreational users. She said the issue of
negligence would not be covered by these immunities.
Dr. Huntimer stated that she and the other residents were very concerned and
very interested in having the gate installed so that the residents are protected
when hikers cross the trail and so that the residents can show they have done
everything they need to do so that someone is not hurt or injured and so that
the residents are not liable for an injury to a trail user.
Board discussion centered on the need to meet with the Portola Heights
residents to discuss their concerns, the scheduling, and the type of meeting that
should be held. There was Board concurrence to hold an on-site meeting with
the full Board in attendance to review the proposed trail and trail crossing and
other concerns of the residents, including the gate being proposed by the
residents. N. Hanko said that after the full Board met with the neighbors a
sub-committee could be formed, if necessary, to address various concerns. B.
Crowder requested that the minutes from this agenda item be sent to residents
in advance of the on-site meeting, and the Board requested that at least a
month's notice be given in advance of the meeting. P. Siemens requested that
staff have tentative design ideas for the proposed trail crossing, including
alignment and dimensions, for review at the on-site meeting. N. Hanko
requested that Portola Park Heights Homeowners Association collect all their
concerns prior to the meeting for discussion with the Board at the meeting.
Meeting 95-12 Page 4
Leslie Wadsworth, Portola Parks Heights, requested that the Board strongly
consider installation of an electric gate in light of the heavy use anticipated on
the trail and hazards associated with bicycles, adding that she did not feel the
District had been a good neighbor when not allowing an easement for an
electrical connection.
William Obermayer, 22400 Skyline Boulevard, #22, La Honda, stated that he
stands by his previous letter sent to the Board, expressed his concerns
regarding his liability if there's an accident on the road and his concerns
regarding the proposed trail crossing and the Districts notification Policies for
people with easement rights. He said he believes the gate should be installed
where public access to the private road ends.
Motion: M. Davey moved that the Board continue the discussion until a
meeting is set at a convenient time for all parties sometime
during the month of July to discuss the Portola Park Heights
neighbors' concerns. B. Crowder seconded the motion. The
motion passed 7 to 0.
B. Agenda Item 2 - Amendment to the Use and Management Plan for St.
Joseph's Hill Open Space Preserve for Minor Modifications to the Trails Plan
(Report R-95-73)
N. Hanko suggested changing the "closed trail to be restored" wording on the
map legend on page four to "closed trails - areas to be restored". G. Babbitt
suggested the wording "closed for area restoration." After discussion, it was
decided the wording would be changed to closed for area restoration.
Motion: M. Dave moved that the Board tentative) adopt the
Y Y P �
amendment to the Use and Management Plan for St. Joseph's
Hill Open Space Preserve for minor modifications to the
preserve's trails plan as amended. G. Babbitt seconded the
motion. The motion passed 7 to 0.
C. Agenda Item 3 - Authorization to Purchase 19-Acre Lee Proprty for
$120.000 on a Defeasible Fee Basis; Tentative Adoption of Preliminary Use
and Management Plan Recommendations, Including Naming the ProM y as an
Addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve; and
Intention to Withhold ftpgr y from Dedication as Public Open Space (Rrt
R-95-67)
C. Britton reported this property became financially available to the District
because the owners agreed to a five year defeasible fee agreement. He
explained that the total purchase price is $120,000; the District is to pay a
Meeting 95-12 Page 5
$5,000 annual fee for five years. He added that at the end of five years, the
District either pays for the property or deeds it back to the owners. M. Davey
commented she thought this was a very creative way for the District to acquire
land.
Motion: M. Davey moved that the Board adopt Resolution 95-17, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Purchase Agreement - Defeasible Fee, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (Sierra AzuI Open Space preserve - Lands of Lee);
tentatively adopt the Preliminary Use and Management Plan
recommendations including naming the Lee property an addition
to the Cathedral Oaks Area of Sierra Azul Open Space Preserve
and indicate their intention to withhold the property from
dedication as public open space at this time. B. Crowder
seconded the motion. The motion passed 7 to 0.
D. Agenda Item 4 - Amendment to Agreement with the City of Mountain View
for Deer Hollow Farm to Provide for Maintenance Staffing. Supplies. and
Materials for the Farm and Transferring $6,000 in Budget to Temp ram'
Salaries Account (Report R-95-21J
J. Escobar clarified that the City of Mountain View, the County of Santa
Clara, and the District are the three agencies splitting the major costs of the
farm's operation. He stated that 90% of the use at Deer Hollow Farm is by
schools within the District boundaries and the cost benefits of temporary part-
time staffing.
Motion: G. Babbitt moved that the Board authorize the general manager
to execute the fourth amendment to the agreement with the City
of Mountain View providing for maintenance staffing, supplies,
and materials necessary to operate Deer Hollow Farm for one
year, beginning July 1, 1995; amend the District's fiscal year
1995-1996 budget to include an additional $6,000 in temporary
salaries to meet the staffing levels described in the amendment
to the agreement, and direct staff to work with the City of
Mountain View, the County of Santa Clara, and other interested
organizations to develop a long-term strategy for future
operation of the farm. T. Henshaw seconded the motion. The
motion passed 7 to 0.
Meeting 95-12 Page 6
E. Agenda Item 5 - Authorization to Apply for a State Environmental Education
Grant for the David C. Daniels Nature Center Phase I Exhibits M=rt R-95-
7-0)
T. Henshaw proposed using the children from Duveneck Elementary School
for training when staff is prepared to begin offering field trips to schools
beginning next year.
Motion: T. Henshaw moved that the Board adopt Resolution 95-18, a
Resolution of the Board of Directors of the Midpeninsula.
Regional Open Space District Approving the Application for
Grant Funds Under the Environmental Education Grant Program
for the following project: David C. Daniels Nature Center
Phase I Exhibits. N. Hanko seconded the motion. The motion
passed 7 to 0.
F. Agenda Item 6 - Report on Proposed Wallace Stegner Memorial Project at
Long Ridge QW—n Space Preserve (Report R-95-69)
N. Hanko reported the Legislative, Finance and Public Affairs Committee is
ready to move forward with placing a curved concrete bench and plaque at the
Long Ridge Open Space Preserve in memory of Wallace Stegner.
Motion: B. Crowder moved that the Board direct staff to prepare a Use
and Management Plan amendment for Board consideration to
accommodate a bench and plaque at the proposed memorial site
at Long Ridge Open Space Preserve. G. Babbitt seconded the
motion. The motion passed 7 to 0.
G. Agenda Item 7 - Appointment of a District Director to Replace B. Crowder a
a Designated Director on the Bay Area Ridge Trail Council's Board o
Directors (Report R-95-72)
W. de Wit volunteered to serve on the Bay Area Ridge Trail Council's Board
of Directors.
Motion: N. Hanko moved that the Board appoint Wim de Wit as the new
District director to serve on the Bay Area Ridge Council's
Board of Directors. M. Davey seconded the motion. The
motion passed 7 to 0.
H. Agenda Item 8 - Program Evaluation for the 1994-1995 Action Plan for the
Implementation of the Basic Policy of the MidMinsula Regional Q= Space
District M=rt R-9LOJ
Meeting 95-12 Page 7
General Manager C. Britton and program managers R. Anderson, M. Smith,
and J. Escobar highlighted progress during the 1994-1995 year in their
respective programs.
Motion: G. Babbitt moved that the Board accepts staff s program
evaluation report. B. Crowder seconded the motion. The
motion passed 7 to 0.
VI. INFORMATIONAL REPORTS
C. Britton, on behalf of District Legal Counsel, reminded the Board that
informational reports are to be brief and are a one-way form of communication for
the purpose of giving information.
C. Britton reported that: 1) a joint meeting between District and Santa Clara Parks
and Recreation Department staff was held on May 17; 2) the District received
notification from the California Transportation Commission that the District's Soda
Springs Canyon grant application scored the highest of all applications submitted, but
funds for this program may be cut; 3) AB700 passed unanimously in the Assembly
and moves on to the Senate; 4) California Parks and Recreation Society has given
AB700 its statewide endorsement; 5) he received an invitation from the San Francisco
Foundation awards reception at Fort Mason on Thursday, June 13 at which Peninsula
Open Space Trust will be receiving an award; and 5) he met with Judith Steiner,
Hidden Villa's Executive Director, concerning joint trails and parking.
B. Crowder reported that: 1) she and M. Smith gave a presentation to the East Palo
Alto City Council; 2) she is very pleased with the new trail at Picchetti; and 3)
several ROMP members volunteered at the last trail volunteers workday.
N. Hanko requested a copy of the latest Dog Committee report.
M. Davey reported the volunteer recognition event held at Picchetti Winery was a
total success and thanked staff for their efforts.
G. Babbitt reported that the final Dog Committee meeting had been held and the
Committee would be making a recommendation to the full Board. G. Babbitt thanked
everyone for her experience, the learning, and the friendships she has acquired as
Director for Ward 4. C. Britton, on behalf of staff, thanked her for the many ideas
she brought to the Board including volunteerism and environmental education.
T. Henshaw reported that C. Britton, M. Smith and she gave a presentation to the
Sunnyvale City Council.
Meeting 95-12 Page 8
W. de Wit reported that the mountain lion presentation held on May 19 was very
good and on San Carlos' hometown days, at which the District was represented.
M. Smith reported the District has been receiving credit on a radio report for the
Chevron award that was actually presented to Peninsula Open Space Trust for its
efforts on the Phleger acquisition program.
J. Escobar pointed out the new field summary activity to be included monthly in the
informational items.
P. Siemens reported that: 1) he and C. Britton met with Karen Foss and Tony Look
to discuss a joint meeting with the Santa Clara County Parks and Recreation
Commission; 2) the Los Gatos Chamber of Commerce is going out of business; and
3) he will be visiting Hidden Villa. P. Siemens thanked Director Babbitt for her fresh
thoughts and ideas that she brought to the Board.
VII. REVISED CLAIMS
B. Crowder asked if the location of the grading service provided in claim 7696 was
for the road near Russian Ridge Open Space Preserve and if claim 7709 was for
appraisal of the property at Saratoga Gap Open Space Preserve. R. Anderson replied
claim 7696 was not for the road, and C. Britton said claim 7709 was for the
appraisal noted. B. Crowder questioned claim 7731, and J. Escobar replied it was for
the application of round-up to the parking lots. W. de Wit questioned claim 7737,
and C. Britton said it was the first payment for the Lee property that was approved
earlier on the agenda.
Motion: B. Crowder moved that the Board approve Revised Claims 95-10. M.
Davey seconded the motion. The motion passed 7 to 0.
VIII. ADJOURNMENT
The meeting was adjourned at 9:55 P.M.
Susan Dale, Recording Secretary
Jean Fiddes, District Clerk
Claims No. 95-10
�
� Meeting 85-11
Date: May 34. 19g5
REVISED
/N|DPEN(NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7691 17.32 Association of Bay Area Governments Maps
7692 329.04 AT&T Telephone Service
� 7693 285.11 Beck's Shoes, Inc. Uniform Expense
| 7694 5'000.00 ~1 Curtis Becker Construction Construction Service
i
7695 358.10 Best Sanitation Sanitation Service �
7696 1'000.00 Louis Bordi General Engineering Grading Service
7697 782.36 Broon. [)'OonnaU. Miller eto| Legal Services
7608 75.00 California Park& Recreation Society Advertising
7698 157.22 California Water Service Company Water Service
7700 41.03 Ca||anderA000ciotea Plans
7701 125.50 Camino Medical Group Medical Services
7702 566.33 C|urk's Auto Parts &/ Machine Shop Vehicle Expense
7703 57.15 Coastal Ford Tractor Equipment Parts
7704 53.83 Annette Coleman Reim buraennent-Supp|ieo
7706 250.00 Computer Resource Center Training-D. Wilkinson �
7706 43.10 Contemporary Engraving Co.' Inc. Volunteer Name Tags �
7707 278.05 Corporate Environments Furniture
7708 68.90 °2 Cost Plus Nursery Recognition Event
� 7708 4'500.00 Dana Property Analysis Appraisal Services
7710 162.38 Dailey Body company Vehicle Parts
7711 80.00 Decatur Electronics, Inc. Vehicle Repairs
� 7712 54.20 Deere & Company Safety Video
� 7713 23.27 Empire Equipment��nmnpany Tractor Parts
�
7714 2.828.00 Employment Development Department Unemployment Insurance �
� 7715 1.077.50 EnohaUahDeve|opmento' Inc. Consulting Services
� 7716 55.00 John Escobar Reimbursement-Meeting Expense
7717 66.25 Federal Express Mailing Expense !
7718 177.00 Federal Parks and Recreation Subscription
7719 30.01 Film ToFrame Prints and Slides
7720 147.55 The Fixture Broker Display Board Grids
7721 201.52 Forestry Suppliers, Inc. Field Supplies
7732 95.99 Foster Bros. Security Systems, Inc. Keys
7723 242.47 Fry'sBeotnonioa Fax Modem �
7724 78.40 G | Trucking Company Delivery Charge
7725 133.00 Mary Gundert Private Vehicle Expense
7726 738.70 Guy Plumbing 8kHeating, Inc. Plumbing and Supplies
7727 404.06 Sharon Hall Photography Photography Prints
7728 553.51 Jarrett & Associates / Button King Founders Event Buttons
7729 7'666.40 JedoPub|iomt\ono' Inc. Brochures
7730 99.00 Torn Kernofo| Reim buremrnont-Training
7731 3.275.00 Kilroy Pest Control Extermination Service
7732 150.00 JohnKovva|eoki Reimbursement-EMT Training |
7733 595.89 Kwih Key Lock& Safe Cu.. Inc. Door Repair and Key Service
7734 00.88 Lab Safety Supply, Inc. Field Supplies
7735 44.17 Langley Hill Quarry Baaerook
=1 Urgent Check Issued May 11, 1085
°2 Urgent Check Issued May 18' 1995
Page 1 �
�
�
` .
Claims 95- D
xxeetngS5'11
Date: K8oy24. 1995
REVISED
K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7736 652.72 Lanier Worldwide, Inc. Office Supplies
7737 5.000.00 Lucille and William Ming Sing Lae 1991 Trust Land
7738 304.17 Los Altos Garbage DumpsbarRonba|
7739 900.00 Marshall Roofing Roof Repair
7740 345.43 Julie McCullough Private Vehicle Expense
7741 238.13 McGrath RentCorp Field Office Rental
7742 2.09180 K8etroK4obUeConnmnunicaUono Radio Equipment
� 7743 783.71 Miracle Auto Painting & Body Repair Vehicle Repair
�
7744 250.79 Moffett Supply Company Sanitation Supplies
�
� 7745 664.32 Monogram Sanitation Sanitation Supplies
7746 152,68 Mountain View Garden Center Field Supplies
7747 693.47 Murray & Murray Legal Services
7748 76.01 Northern Energy, Inc. Fuel
7749 850�00 Nutmeg &Company Recognition Event-Food
7750 1.525.20 °3 The Office Outfitters Furniture
7751 649.74 Orchard Supply Hardware Field Supplies
7752 1.063.42 Pacific Bell Telephone Service
7753 25.56 City of Palo Alto Utilities
7754 1.530.00 Peter Petri Consulting Services
7755 1.639.02 Pinacone Lumber Co.. Inc. Lumber �
� 7756 18�7Q Pitney Bowes Credit(�orponadon Equipment Rental
�
�
7757 2.618.25 Pouncing Pachyderm Productions Consulting Services
7758 91.70 Pharmacy Billing Service, Inc. Medical Services
7758 27.840.00 Randazzo Enterprises, Inc. Demolition Service
7760 32.50 Rayne Water Conditioning Water Service
7761 303.44 Regal Dodge, Inc. Vehicle Repair
� 7762 740.44 Roy'n Repair Service Vehicle Repair
�
7763 88.25 SahyK|een Solvent Tank Service �
�
7764 387.14 San Francisco Newspaper Agency Advertising
7705 72.13 Oovid8anguinetti Reimbursement-Office Supplies �
7766 68672 San Jose Mercury News Advertising
7767 5.820.00 E.R. Bhaehon Trail Construction
7768 15870 Shell Oil Company Fuel
7769 147.82 Signs OY The Times Signs
7770 1.368.50 Skyline Builders, Inc. Construction Service �
�
7771 81.25 Skyline County Water District Water Service
7772 90.78 Cheryl Solomon Reimbursement-Docent Training Supplies
7773 50.00 Special Districts Association Annua| Ouem
7774 359.30 Malcolm Smith Reimbursement-Airfare and Private
Vehicle Expense
7776 5.383.41 Smith Equipment Equipment Repairs
7776 18700 Summit Uniforms Uniform Expense
7777 432.79 S &VV Equipment Company Equipment Repair
7778 404.43 ^4 Tap Plastics Field Supplies
~3 Urgent Check Issued May 12. 19S5 �
°4 Urgent Check Issued May 11. 1S95
Page 2
Claims No. S5-1O
xxeotinQB5-11
Date: K8ay24. 1995
REVISED
/N|DPEN|NSULArE[S|ONAL OPEN SPACE DISTRICT
# Amount Name Description
7780 287�65 ThernnaCorp. Vehicle Maintenance
7781 72.60 DavidTop|ey Private Vehicle Expense
7782 1.000.00 Valley Title Company Title Insurance
7783 85.00 °5 Tom Warren Volunteer Event-Guitarist
7784 148.31 West P|ub|ishingCorporation Resource Documents
7785 106.80 Mike Williams Private Vehicle Expense
7786 358.23 Yandbind Equipment Sales Field Equipment
7787 454.14 Petty Cash Volunteer Recognition Event Expennes,
Field and Office Supplies, Local and
Out-of-Town Meeting Expense, Film and
Developing, Photocopying and Uniform
Expense
�
°6 Urgent Check Issued May 18. 1985 �
�
�
�
�
�
�
�
�
�
�
i
Page
f
(Jpen Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-13
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
June 14, 1995
MINUTES
I. ROLL CALL
District Clerk J. Fiddes called the Special Meeting to order at 7:05 P.M.
Members Present: Mary Davey, Teena Henshaw, Betsy Crowder, and Wim de Wit.
Members Absent: Pete Siemens and Nonette Hanko.
Personnel Present: Craig Britton, Jean Fiddes, Malcolm Smith, Randy Anderson, and Sue
Schectman.
H. SELECTION OF PRESIDENT PRO-TEMPORE
J. Fiddes stated that, since the president and vice-president were absent, the Board needed to
appoint a president pro-tempore to chair the meeting. B. Crowder volunteer to chair the
meeting, and the Board concurred.
III. CLOSED SESSION
At 7:06 P.M., B. Crowder stated that the Board would be meeting in Closed Session for the
purpose of discussing agenda item number one.
The Board recessed to Closed Session at 7:06 P.M. The Board adjourned the Special Meeting at
7:30 P.M. and B. Crowder called the Regular Meeting to order at 7:35 P.M. She announced
that the Board had been meeting in Closed Session to discuss Closed Session agenda item one and
to give instructions to the general manager, and had made no decisions.
Additional Personnel Present: David Topley and Emma Johnson.
IV. ORAL COMMUNICATIONS
There were no oral communications.
V. SPECIAL ORDER OF THE DAY
1. Resolution Honoring Ginny Babbitt
C. Britton noted that the resolution was to honor Ginny Babbitt for her many contributions
and achievements toward preserving open space.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com 19
Board of Directors:Pete Siemens, 's1ary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Meeting 95-13 Page 2
Motion: M. Davey moved that the Board adopt Resolution 94-19, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Honoring and Commending Ginny Babbitt. T. Henshaw seconded the motion.
The motion passed 4 to 0.
V1. ADOPTION OF AGENDA
C. Britton suggested that if there are simple questions regarding items on the consent calendar
that do not need debate or discussion, they could be answered without removing the item from
the consent calendar. B. Crowder expressed the Board's agreement with the proposal and the
Board's adoption of the agenda by consensus.
Vii. ADOPTION OF CONSENT CALENDAR
C. Britton noted that the staff report on agenda item four (Authorization to Purchase Tractor with
Articulating Boom Mower) on the consent calendar contained an error, and the Noble Ford
Tractor of San Jose bid was $64,935.93 rather than the $76,935.93 listed in the report. He said
that though this was the lowest bid, it did not meet the District's specifications for the rear-
mounted mower and there was no change in the staff's recommendation.
Motion: W. de Witt moved that the Board adopt the consent calendar including approving the
minutes of May 4, 1995; agenda item number 4 (Authorization to Purchase Tractor
with Articulating Boom Mower from Pringle Tractor of Salinas for $74,525.24);
agenda item number 5 (Adoption of Resolution 95-20 authorizing Application for
Grant Funds from the Solid Waste Disposal Site Cleanup Trust Fund for the Skeggs
Point Solid Waste Disposal Site at El Corte de Madera Open Space Preserve and
Authorization for Staff to Spend up to $12,500 to Plan and Implement Site
Restoration for the Project);
enda it number 6 (Tentative Adoption of
Amendment to Comprehensive Use and Management Plan for Russian Ridge Open
Space Preserve to Realign 0.7-Mile Segment of Bay Area Ridge Trail); agenda it
number 7 (Final Adoption of Amendment to Comprehensive Use and Management
Plan for St. Joseph's Open Space Preserve for Minor Modifications to the Trails
Plan); and revised claims 95-11. M. Davey seconded the motion. The motion
passed 4 to 0.
Vill. WRITTEN COMMUNICATIONS
There were no written communications.
IX. PUBLIC HEARING
Agenda Item I - Amendments to Conflict of Interest Code (R=rt R-95-81)
J. Fiddes reported that the District is required to review and amend, if necessary, its Conflict of
Interest Code and that the District is proposing to: 1) expand the list of designated positions that
will be required to complete required forms, 2) amend the Disclosure Category 1 concerning
interests in real property to more clearly explain the location of real property that may be
reportable, and 3) amend Disclosure Category 2 and Disclosure Category 3 to be more explicit
regarding types of business entities in which individuals may have reportable income or
investments. She said that the general manager and legal counsel had submitted minor proposed
Meeting 95-13 Page 3
changes during the review period that did not significantly change the substance of the proposed
code amendments, and the changes had been incorporated into the resolution.
B. Crowder declared the Public Hearing open at 7:43 P.M. There was no public comment. She
declared the Public Hearing closed at 7:44 P.M.
Motion: T. Henshaw moved that the Board adopt Resolution 95-21, a Resolution of the Board
of Directors of the Midpeninsula Regional Open Space District Amending Conflict of
Interest Code. M. Davey seconded the motion. The motion passed 4 to 0.
X. BOARD BUSINESS
A. Scheduling of Neighborhood Workshop for Long Ridge QWn Space Preserve on Either July
8 or July 15 (Report R-95z82
J. Fiddes said that the proposed workshop is to address concerns of the Portola Park
Heights neighbors. She said July 8 was the best date based on the Board's availability.
She said a notice announcing the meeting had been mailed to all the preserve neighbors who
are on the District's notification list, and added that the meeting place will be at the
intersection of Skyline Boulevard and Portola Park Heights Road.
B. Crowder announced the Board's consensus to schedule the meeting on Saturday, July 8
from 10:00 A.M. to Noon.
B. Proposed Addition of SemMrvirens Fund PLopt.M to Long Ridge Qpgn Space Preserve
(Report R-95-72)
C. Britton introduced Verlyn Clausen, Executive Director of Sempervirens Fund and Ellen
Weaver, President of the Board of Directors. He reported that the 116-acre Sempervirens
Fund property adjoins the western side of Saratoga Gap and would be a gateway to Santa
Cruz mountain public lands. He said a successful Land and Water Conservation Fund grant
provides one-half of the acquisition funding and that the grant requires a 50% local
matching contribution that can be provided by the value of a gift of land that is part of the
approved grant project. He noted that, since the property has a fair market value of
$600,000 and Sempervirens Fund is selling the property to the District on a 50% bargain
sale basis, the net cost to the District of $300,000 will be fully reimbursed by the grant.
R. Anderson showed slides of the property and noted that the potential trail connections
make the property highly desirable.
V. Clausen said the transaction is a culmination of 12 years of transactions and negotiations
and that Sempervirens Fund is pleased to have had a part in the acquisition by the District.
He said it is an opportunity to connect Castle Rock State Park and Long Ridge Open Space
Preserve in the long term, and he hoped that the effort would be a model of further
coordination and cooperation between Sempervirens Fund and the District.
S. Schectman pointed out an omission in Section 9.9 of the Purchase Agreement. C.
Britton noted that the District had a previous option and the current document should have
included that it incorporates and supersedes what was in the previous agreement. He said
Meeting 95-13 Page 4
Board approval is necessary to make the change. B. Crowder noted the Board's consent for
the change. C. Britton noted that Section 4 of the Purchase Agreement refers to a visitors'
center, but it is not part of the Use and Management Plan at this time.
Motion: M. Davey moved that the Board adopt Resolution 95-22, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District,
Authorizing Acceptance of Purchase Agreement Bargain Sale, with correction
to Section 9.9 of the Purchase Agreement as identified by Legal Counsel,
Authorizing Officer to Execute Certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the Transaction (Long Ridge Open
Space Preserve - Lands of Sempervirens Fund), tentatively adopt the
Preliminary Use and Management Plan recommendations contained in the
report, including naming the property as an addition to Long Ridge Open
Space Preserve, and indicate its intention to dedicate the property as public
open space at this time. T. Henshaw seconded the motion. The motion
passed 4 to 0.
C. Proposed Annexation to the District of Lands Adjacent to Skyline Ridge and Purisima
Creek Redwoods Open Space Preserves (Report R-95-76)
C. Britton reported that the District now owns 54.22% of the Big Dipper Ranch property as
part of the Skyline Ridge Open Space Preserve and needs to initiate annexation procedures
for the property. Additionally, the owners of the adjacent Silva property have agreed to be
a part of the annexation. The former Thysen property, now owned by POST, is also
proposed for annexation to Purisima Creek Redwoods Open Space Preserve. He said the
Board's adoption of the resolution is the first step in the annexation process, that the Local
Agency Formation Commissions of San Mateo and Santa Clara Counties will hold public
hearings and then, if approved, the Board will have a final hearing. He noted the process
will take about three to four months.
There were no public comments on the proposed annexation.
Motion: M. Davey moved that the Board adopt Resolution 95-23, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Requesting Initiation of Annexation Procedures by the Santa Clara County
Local Agency Formation Commission (Midpeninsula Preserves 1995 - Skyline
Area). T. Henshaw seconded the motion. The motion passed 4 to 0.
XI. INFORMATIONAL REPORTS
B. Crowder reported that she attended meetings on the alternative funding measure in San Mateo
County and that a meeting will be held on June 17 to inform various city councils in San Mateo
County of the status of the project. C. Britton said he and M. Smith will attend the June 20
meeting in Director Crowder's place.
W. de Wit reported on the San Mateo County Planning Commission's public hearing on a coastal
initiative.
C. Britton reported that: 1) he and D. Woods would be attending a presentation on current plans
for the Cupertino property owned by the Diocese of San Jose, and asked if any Board members
� ~ Claims No. 85-11
� u
Meeting 95'13
Date: June 14. 199-�,
� REVISED
� K4|DPEN|N8ULA REGIONAL[)PEN SPACE DISTRICT
# Amount Name Description
7788 444.82 Acme & Sons Sanitation, Inc. Sanitation Servi7e-s
7789 106.65 American Welding Supply Equipment Supplies
7790 237.30 Randy Anderson Reimbursement-Training and Vehicle
Expense
7791 94.39 AT&T Telephone Services
7782 46.55 Barron Park Supply Co. Water Heater Thermostat
7793 358.10 Best Sanitation Sanitation Sen/inae
7784 1E.76 Bishop Company Field Supplies
7795 40.00 Black Mountain Spring Water VVabsr
7796 78.12 Burke Concrete Accessories Concrete Sealer
7787 108.87 California Water Service Company Water Service
7798 47.95 Center For Urban Policy Research Resource Oouunnanto
7799 83.71 C|ark'n Auto Parts 8' Machine Shop Vehicle Expense
7800 180.00 Patrick Congdon Reimbursement-Fire Training
7801 180.04 Continuing Education of the Bar Resource Documents
7802 78.30 Ed Cormkin Maintenance and Repair
7803 600.00 °1 John Escobar Reim bursernent'Spenie| Distriu|
Conference
7804 500.00 First American Title Insurance Company Preliminary Title Report
7805 154.05 Foster Bros. Security Systems, Inc. KeyteQo
7806 381.70 Garden|and Power Equipment Equipment Supplies
7807 433.38 Gateway 2000 Computer Monitor
7808 404.09 Grainger Shop Supplies
7809 137.10 Mary Gundert Private Vehicle Expense
7810 263.47 Honda Peninsula Vehicle Parts
7811 1'036.22 Hywter Sales Company Equipment Repair
7812 1'050.00 Institute of Computer Technology Training Registration-J. Emo^,, '�ait`
D. Top|ey' D. Songuinetti. a/'(A
A. Coleman
7813 3.682.90 Jeda Publications, Inc. Brochures and Reprints
7814 54.34 Kaeb|a& Shuohat Photography Photo Processing
7815 417.00 Keye Productivity Center SarninarReQiotrat|on'J.Komua|^`.ed'
O. Dolan and P.ConQdmn
7816 124.49 Judy Lsum Reimbursement-Supplies am,
Vehicle Expense
7817 738.34 Los Altos Garbage Company DumpeNerFlente|
7818 1'019.43 K8enminA. Mace Consulting Services
7819 1'333.50 W4etnoN1obi|eComnnnunioadono Radio
7820 186.00 Metro Newspapers Advertising
� 7821 535.81 K4inton'o Lumber & Supplies Lumber
7822 325.00 Mobile Radio Resources FCC Radio License
7823 2'550.00 °2 Navorone Industries, Inc. PuntoQa
7824 19.50 Natnom On-line Service
� 7825 1'413.00 Nie|oenGeotechn|ca|' Inc. Consulting Services
� 7826 202.73 Noble Ford Tractor, Inc. Equipment Repair
� 7827 147.33 Northern Energy Fuel
°1 Urgent Check Issued May 24' 1985
°2 Urgent Check Issued Juno 2' 1996
Page 1
Meeting 95-13 Page 5
would like to attend; 2) new District signs have been installed at the entrance to the
administrative offices at Distel Circle; 3) AB 700 is in the Senate Judiciary Committee and the
Santa Clara County Open Space Authority voted 6-1 to endorse the measure; 4) work on the Mt.
Umunhum clean-up project will begin on June 26 and the majority of the work is expected to be
completed within the first 60 days; and 5) public response to the new District guide to open space
has been extremely positive.
M. Smith reported on plans for an annual "open house" event on Skyline Ridge Open Space
Preserve. He agreed with Board members that members of the South Skyline Association and
Kings Mountain Association should be invited to assist in planning the event. He said a staff
brainstorming session is planned for mid-July and asked for a Board volunteer to attend. M.
Davey volunteered to assist with the planning.
J. Fiddes reported that the first Special Meeting to interview applicants for director for Ward 4 is
scheduled for 7:30 P.M., June 21 followed by a second Special Meeting on June 26 at 7:30 P.M.
to select the individual to replace G. Babbitt.
XII. ADJO�NT
The Regular Meeting was adjourned at 8:20 P.M.
Emma Johnson
Recording Secretary
. Clams No. 95-11
Meeting 95-13
Date: June 14. 1996
� REVISED
K8|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7828 130.00 Bev Ortiz Docent Training
7829 1.084.21 Pacific Bell Telephone Services
7830 257.47 Peninsula Blueprint, Inc. Maps
�
7831 362.83 Peter Petri Internship/Consulting
� 7832 15.77 PUonoihosCluerry Bosenzch
7833 149.00 Fred Pryor Seminars GeminopT. Romso
7834 1.385.58 Quick Silver Printing Printing Service
7835 8.91 Rancho Hardware and Garden Shop Field Supplies
�
� 7836 32.50 Rayne Water Conditioning Water Service
7837 245.38 Rich's Tire Service Tlnoo
7838 462.76 Romic Environmental Technologies Corp. Hazendoua Materials Supplies
7839 2.218.30 Roy'm Repair Service Vehicle Repair
7840 511.81 Russ Enterprises, Inc. Signs and Barricades
7841 98.32 Safety-K|aan Solvent Service
7842 1.223.70 San Jose Mercury News Advertising
7843 189.00 San Mateo Times Newspaper Group Subscription
7844 300.000.00 Santa Cruz Title Company Sompen/inano Fund Property Purchase �
7845 990.00 SuoanScheotmnan Legal Gmn/icem'12/Q4-O2/95
7840 5.355.00 8uson8nheotnnan Legal Gon/ices-O3/85 -O5/Q5
7847 688.00 E.R. Sheehan Trail Construction �
7848 893.44 Si|vanedo Avionics Inc. Radio
7849 105.60 Skyline County Water District Water Service
7850 851.63 Malcom Smith Reimbursement-Photography Equipment
7851 2.000.00 VKJ. Sohoh Gates
�
7852 18.50 Stevens Creek Quarry Basennoh
7853 452.55 Sunrise Winery Volunteer Recognition Event
7854 122.63 S &VV Equipment Co. Equipment Supplies �
7855 288.88 °3 Tap Plastics Bulletin Boards �
�
7856 97.50 TnanacomCorporoUon Repeater Repair
7857 156.24 U.S. Rentals Rental Equipment
7858 114.90 Michael Williams Private Vehicle Expense
7859 1.175.90 \'ondbind Equipment Sales Field Equipment and Repair
7860 580.00 Bettenooud American Landscape Entry Sign Installation
7861 1.105.55 Pine Cone Lumber Field Supplies
7882 373.03 Petty Cash Docent and Volunteer Supplies, Film and
Oeve|oping, Office and Field Supplies
and Private Vehicle Expense
°3 Urgent Check Issued May 25. 1B95
Page 2
who
SOUTH SKYLINE ASSOCIATION
16 June 1995 RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Board of Directors Director Acknowledge/Respond
Midpeninsula Regional Open Space District `7( Staff Ack°°w l.dge,Rea,°nd
330 Distel Circle ---,G� Draft Res Pon se Attached
Staff co be Directed co Prepare Draft
Los Altos CA 94022-1404 Response for Board Con sideratinn per
1 Board Di rec cive(s)
:7o Response Necessary
Dear MROSD Directors:
I am writing this letter on behalf of the South Skyline Association to express
our concerns about a couple of issues which have come to our attention.
The first, and more general, issue involves the interaction of MROSD trail
users with landholders traveling private roads adjoining Midpeninsula lands.
The approach to this issue needs to address the safety concerns of property
owners regarding their vehicle access, the use of trails by pedestrians and
bicyclists, and the avoidance of public trespass on private land and
unexpected encounters between vehicles and trail users. We believe that
MROSD gating efforts at the Fowkes property represent a potential model
solution to the difficulty, and we would like to see the solution extended to
other problem areas, such as Portola Heights.
A second, more specific, issue concerns misuse and abuse of Devil's
Canyon by climbers and hikers. This wonderful canyon, full of rare and
irreplaceable geological and ecological features, has always offered an
irresistible Mecca for climbers, hikers, and adventurers.
i
Recently the rocks above 8evil's Canyon have been subjected to hand
power drills, unbridled piton placement and wholesale clearing of moss from
rock faces. This misuse of public land has to be stopped before the canyon
is ruined. Aside from the potential danger to the public and liability to the
District, the loss of a priceless resource should move the District to action.
Unlike Castle Rock State Park, another climbing haven, Devil's Canyon is
wild, remote and unspoiled (despite its almost constant illicit use over the
past fifty years).
We urge the District to act now to promulgate and enforce regulations
regarding hiking and climbing in Devil's Canyon. Tomorrow may be too late.
We will look forward to your response to our concerns.
Respectfully submitted,
President
B*x-346,-- La Honda, California 94020
alyoo St-y-', ,E 131,,0. (3ex 2S
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 29, 1995
DRAFT RESPONSE
PREPARED BY STAFF
Cliff Jenkins, President FOR BOARD CONSIDERATION
South Skyline Association
22400 Skyline Boulevard, Box 25
La Honda, CA 94020
Dear Mr. Jenkins:
Thank you for your June 16, 1995 letter concerning the protection of Devil's Canyon and the
impacts of trail use on the District's neighbors. At our Regular Meeting last night, the
District's Board of Directors reviewed your comments.
In December 1994, the District purchased the former Acronico property, which contains a
majority of the sandstone formations in the area. The Board approved the continuation of
rock climbing on an interim basis as part of the Preliminary Use and Management Plan.
Staff plans to present a rock climbing management plan to the Board this fall. Adjoining
property owners as well as those on the District's Long Ridge Open Space Preserve mailing
list will be notified when the draft rock climbing plan is scheduled for review.
Within the next two weeks, staff will install signs that prohibit rock scraping and the
placement of permanent anchor bolts. Staff is also removing anchor bolts from sensitive
tafoni formations. Ranger patrols have increased, and climbers have been informed that the
District will issue citations to protect the natural features of the preserve.
The Board remains committed to providing a safe recreational experience for trail users, as
well as addressing the safety and privacy concerns of property owners. In an effort to fully
understand the needs of the Portola Park Heights community, the Board has scheduled a
Special Meeting on July 8 at 10:00 AM to listen to neighborhood concerns and review the
draft plan for the trail crossing at the Portola Park Heights gate. We encourage you to
attend.
We appreciate your association's interest in the safe use of District lands and the protection
of the area's natural resources. Thank you for taking the time to share the South Skyline
Association's concerns about these issues.
Sincerely,
Peter Siemens
President, Board of Directors
PS:CB:kh
cc: Board of Directors
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L Craig Britton
Open Space
............
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-95-86
Meeting 95-16
June 28, 1995
AGENDA ITEM
Report on Additional Access for Dogs
DOG USE COMMITTEE'S RECOMMENDATIONS
1. Tentatively adopt the attached criteria for evaluating preserve suitability for dog access as
developed by staff.
2. Support efforts of local dog owners to form a user group.
3. Review and consider the nine recommendations contained in this report regarding amendment of
preserve access for dogs:
a. Foothills Open Space Preserve - de-emphasize dog access in publications.
b. Fremont Older Open Space Preserve - open all remaining trails to dogs on leash.
c. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria.
d. Windy Hill Open Space Preserve - open all remaining trails to dogs on leash.
e. Coal Creek Open Space Preserve - open all trails to dogs on leash.
f. Thomewood Open Space Preserve - open all trails to dogs on leash.
g. El Corte de Madera Open Space Preserve - consider dog access as part of the Use and
Management Plan to be prepared later this year.
h. Sierra Azul Open Space Preserve, Kennedy-Limekiln Area - open all trails to dogs on
leash.
i. Pulgas Ridge Open Space Preserve - open an off-leash area at the site of the former
Hassler sanitarium buildings.
4. Direct staff to return with a schedule for use and management plan amendments as necessary
to further consider the recommendations tentatively approved at this time.
330 Distel Circle - Los Altos, CA 94022-1404 , Phone:415-691-1200 - FAX:415-691-0485 - F-mail: rYirosd@netcon1.(orn
Board of Oirectois:Few Siemens,Mary C. Davey,Teena I lensh.jw,Ginny Babbitt, Nonette I ianko,Betsy Crowder,Wim de Wit
Genera/ L.Craig Britton
R-95-86 Page 2
BACKGROUND
The Board originally formed the Dog Use Committee in 1983 to consider dog access to preserves.
The Committee held several public workshops, resulting in a decision to allow leashed dogs in
portions of three preserves. By 1987, dog access had been expanded to six preserves.
The Board reactivated the Dog Use Committee in 1993 to review the dog access program. A public
workshop held in September 1993 was dominated by people supportive of more access. In
December 1993, a second workshop was held at which the Committee directed staff to prepare a
process and schedule to study the issue. A volunteer task force was formed to help research the
issue and to review the findings.
Staff presented the results of the research at a third public meeting of the Dog Use Committee in
October 1994. Staff's Doe Access Program Evaluation Report was based primarily on extensive
research into the policies and experience of other agencies. It proposed criteria and alternatives for
expanding dog access to the preserves.
The Committee then directed staff to respond to specific questions about the suitability of individual
preserves for increased access and the potential impacts of such use. Staff's findings, including
criteria and a matrix evaluating the relative suitability of all preserves for increased dog access, are
contained in the Preserve Suitability for Dog Access Summary Report, available as a separate
document (see item 6 listed below). The completed matrix is included with this report as
Attachment 1.
The following background documents are available for review at the District office:
1. Minutes of September 28, 1993 Dog Use Committee Workshop
2. Minutes of December 14, 1993 Dog Use Committee Workshop
3. Dog Access Program Evaluation (9/27/94) (Long Version, including appendices)
4. Minutes of October 5, 1994 Dog Use Committee Workshop
5. Video - Point Isabel Off-Leash Dog Park
6. Preserve Suitability for Dog Access Summary Report (5/15/95)
7. Appendices to Above
8. Summary of Public Communications Regarding Dog Access
9. Minutes of May 23, 1995 Dog Use Committee Workshop
10. Files: Original Public Communications Regarding Dog Access
Various articles and reports, including a report by Dr. Samuel McGinnis on the effect
on wildlife of dogs in Long Ridge Open Space Preserve (1987)
The Board of Directors' Dog Use Committee held its fourth public workshop on May 23, 1995.
After hearing the staff s research and evaluation on specific preserves and access issues, and further
public testimony, the committee formulated the following recommendations to be considered by the
full Board:
1. Tentatively adopt the attached criteria for evaluating preserve suitability for dog access as
developed by staff. Staff developed and used a set of criteria for evaluating sites for dog
access (Attachment 2). This includes the matrix format for future use. The Committee
R-95-86 Page 3
recommends that these criteria be adopted and used as guidelines for decisions on dog access
to preserves.
2. Support efforts of local dog owners to form a user group. Maintain and share a contact list
of persons who have expressed interest in forming such a group. Other agencies report that
local user groups have successfully assisted in the operation and maintenance of dog use areas.
3. Review and consider the nine recommendations contained in this report regarding
amendment of preserve access for dogs.
a. Foothills Open Space Preserve - de-emphasize dog access in publications. Trail is
short and parking is very limited and cannot be expanded.
b. Fremont Older Open Space Preserve - open all remaining trails to dogs on leash.
Consistent policy within the preserve will facilitate enforcement.
c. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria.
Currently available trail is short; preserve does not meet access criteria. Consistent policy
within the preserve will facilitate enforcement.
d. Windy Hill Open Space Preserve - open all remaining trails to dogs on leash.
Consistent policy within the preserve will facilitate enforcement.
e. Coal Creek Open Space Preserve - open all trails to dogs on leash. Will provide
additional dog access in the Skyline area and complement existing access along upper
Alpine Road.
f. Thornewood Open Space Preserve - open all trails to dogs on leash. A relatively close-
in, little used, and less sensitive site.
g. El Corte de Madera Open Space Preserve - consider dog access as part of Use and
Management Plan to be prepared later this year. Least sensitive of the preserves west
of Skyline. Close to Kings Mountain and Skylonda communities. Requires careful study
and discussion as part of Comprehensive Use and Management Plan currently being
prepared.
h. Sierra Azul Open Space Preserve, Kennedy-Limekiln Area - open all trails to dogs on
leash. A relatively close-in and non-sensitive site. Limited parking is available.
i. Pulgas Ridge Open Space Preserve - open an off-leash area at the site of the former
Hassler sanitarium buildings. Site is already disturbed, separated from staging areas and
development, already delineated by surrounding roads, and is close to urban areas.
4. Direct staff to return with a schedule for use and management plan amendments as
necessary to implement those recommendations approved. Direct staff to prepare a
schedule for use and management plan amendments for each of the preserves where dog access
R-95-86 Page 4
is changed. This should include notification of adjoining owners, local agencies, and
interested parties, and review of tentative and final plans, per District policy.
Prepared by: Alice Cummings, Resource Planner
Randy Anderson, Planning Manager
Contact Person:Wim de Wit, Chair, Dog Use Committee
ATTACHMENT I
PRESERVE SUITABLILITY FOR DOG ACCESS
g
0 r
>
2
go . 5 E U
E
0 0 c
7
a 0 r
Z
O
C C >
0 U U) 0 0 E
U M M IL
0) ro i7a:> to (A
PRESERVE
0 0 0 0
3 0 0 0 3 0 3 0 0 0 0 3
HISTORY OF DOG USE 3 0 0
no, 3-illegaluse, 5-legaluse f.
40
DOGS ALLOWED ON CONNECTING TRAILS 5 5 5 5 3 0 0 3 0 0 0 0 0 5 5 3 0 -1 0 5
0- no, 3- no,but major public road separates
preserve and*no dog'trail
xs M
5- yes or no connecting trails
F
0 0 0 3 3 3 5 3 5 5 5
m-
O-Ngh, 3 4111"-1,
5
USE 5 3 01 5 0 0 3
-moderate, 5-low
0- <1 mi., 1- I-5mi., 2- >5ni. -4
0
MILES OF TRAIL 1 2 1 1 2 1 2 0 2 2 2 1 2 2 2 0 0
LOOP TRAILS 0-no, 2-yes 2 2 0 2 2 2 2 2 2 2 0 2 0 2 0 2 0
0 0
0 0
3 3- 5 •6 5 5 3 5 5 5 3- 0 5 3
PARKING 0-verylirrited, 3-limited, 0 3- 0try
ample
ROAD WIDTH TRAILS/GOOD VISIBILITY 5 3 5
x 5 3 0
0 no, 3 some, 5 all most
[3
5 0 3 3 3 3 3 5 3 0 6
CONFLICTING SPECIAL USE(nature center,winery, 3 3 3 3 3 3 3 0 0 0 3 0 3 3 3 0 3 3 3 111
M
interpretive trail,far
m
O=yes, 3-no
DISTURBED HABITAT O-fittlo, 1-some,2-most 1 1
0 1 1 1 1 0 1 1 0 1 0 1 1 1
HABITAT SENSITIVITY 0—high, 3-medium, 5-low 3 3 5 3 3 0 3 0 0 3 0 3 3 5 5 0 0 3 3
0 0 0 0 0 0 0 0 0
ADJACENT TO URBAN AREA 0-no, 3-yes 0 0 3 0 0 0 3 3 0 3
STAFF RATING 0 0 1 2 0 0 0 1 0 2 1 0 0 t at 0 1
0 low, 1 medium,2-high
TOTAL 30 27 29 29 20'i_14 _13 19 24 16 19 19 26 15 34 26 19 17 12 27
NOTE: Higher*core =better suitability for dog access.
ElShading - Dogs currently allowed. *Additional parking is planned for the preserve.
ATTACHMENT 2
PROPOSED DOG ACCESS CRITERIA
INTRODUCTION
This document describes a process and set of criteria to be used to guide decisions on where to
allow dog access in District preserves. These criteria are intended to be guidelines rather than
absolute determinants. The matrix scores are only one of the factors the Board may consider in
making a determination on dog access.
CRITERIA DEVELOPMENT
The criteria are based on extensive staff research. Staff reviewed information from the public
(including many letters and extensive testimony) and from other agencies and organizations
regarding dog access policies and practices. We also reviewed existing research on the impacts of
dogs on the environment. This information formed the basis for 15 proposed dog access criteria
(see Dog Access Program Evaluation R=rt, Sept., 1994).
A questionnaire was developed and administered to staff to help refine and weight the proposed dog
access criteria. Staff were also asked to rate the suitability of the preserves for dogs, based on their
familiarity with District lands and experience in managing the existing dog access.
Based on responses to the survey, staff modified the criteria and listed them in a matrix format.
The criteria were weighted according to staff assessment of their importance. Some of the original
15 criteria were eliminated because they did not lend themselves to tabulation or they could be
grouped with other criteria. For example, the matrix could not directly consider the issue of
geographic distribution since it addresses each preserve individually.
Staff also evaluated the suitability of opening or closing an entire preserve to dogs. Higher scores
indicate preserves that are more suited to dog access. Following is an explanation of the criteria
used in the matrix.
EXPLANATION OF ACCESS CRITERIA
1. History of dog use (O=no, 3=i1legal use, 5=1egal use)
Previous dog use of an area, both legal and illegal, is reason to consider continuation of that use.
People are accustomed to taking dogs there, the site is usually close to residential areas, and it is
already disturbed. Illegal use rates lower than legal use.
2. Dogs allowed on connecting traUs (O=no, 3=no, but major public road separates preserve and
"no dog" trail, 5=yes/ or no connecting trails)
Consistent use on connecting trails is important because of the difficulty of managing areas with
conflicting uses. The highest rating is given to preserves that connect with areas where dogs are
already allowed, or where there are no connecting trails to "no dog" areas. If dogs are not allowed
on adjacent trails, the rating is low. If a major public road must be crossed to get to the "no dog"
trail, this is considered a sufficient barrier to rate a medium value. In some cases, a preserve
connects with both dog and no dog areas. This also rates medium.
3. Use (0=high, 3=moderate, 5=low)
This rating reflects the relative number of people visiting a preserve as well as types of use and
potential for conflict. Dog access impacts and conflicts increase as use and types of use increase.
Weekends are the time when most dog users visit, so the rating is based primarily on existing
weekend use. The use information may come from formal counts and/or from informal field staff
assessment.
4. Miles of trail (0= < 1 mi., 1= 1-5 mi., 2=>5 mi.)
Giving credit to preserves with more miles of trail is a good way to comply with the objectives to
"provide more extensive hiking opportunities", and "provide habitat variety".
5. Looptrails 0=no 2= es
( � yes)
More loop trails was a specific request from dog user groups. Preserves with loop trail possibilities
rate higher than those without.
b, Parking (0=ve rylimited 3=limited 5=am le)
Staff considers parking a critical factor. Since allowing dogs will increase the need for parking,
preserves with existing "ample" parking score highest. Ratings are based on the number of parking
spaces in relation to the number of preserve visitors. Some preserves with poor parking may score
well for other reasons. In these instances, dog access should be postponed until adequate parking is
developed.
7. Road-width trails/ good visibility (0=no, 3=same, 5=all/most)
Because of the intention to open or close an entire preserve to dog access, preserves that have many
road-width trails or trails with good visibility are rated highest. Wide trails reduce the opportunity
for dog/people, people/people, and dog/dog conflict. They also increase safety and facilitate patrol
and enforcement.
8. Conflicting special use (0=yes, 3=no)
A goal identified by the Dog Use Committee research was to: "Avoid special use zones such as
environmental education sites, certain types of agricultural areas, construction or significant
restoration sites, equestrian staging areas, and ranger or rental residences". Environmental
education sites are emphasized when assigning scores in this category. Environmental education
sites include nature centers, educational farms, and surrounding areas, as well as interpretive trails.
The other areas are normally signed and/or fenced off from public use, with the exception of
equestrian staging areas.
2
9. Disturbed habitat (0=little, 1=some, 2=most)
This score reflects the relative amount of disturbance remaining from past use. Heavy recreational
use, presence of buildings and other facilities, and past agricultural practices all increase
disturbance.
Preserves that were heavily disturbed but have recovered well, even though not really
"undisturbed", can still rate "low" or "medium" habitat disturbance. Since non-native plants such as
broom and star thistle tend to invade disturbed areas, their number is a good indicator of
disturbance. Areas of "high" disturbance typically are greatly changed from their original habitat
hypes.
10. Habitat sensitivity (0=high, 2=medium, 5=low)
"Habitat sensitivity" is based on a combination of factors. Based on knowledge of habitats in the
District, staff ranked habitat types from most sensitive to least sensitive as follows:
■ Wetlands (ponds, creeks, marsh, baylands)
■ Grasslands (many small mammals such as squirrels and rabbits, open areas invite easy
chase, ground nesting animals, perching raptors)
Grasslands offer more opportunity for dogs to run freely, but also are home to populations
of rodents and rabbits - natural prey of dogs. The presence of medium-sized mammals
such as raccoon, coyote, grey fox, and bobcat may also stimulate dog chase behavior.
■ Oak woodland (preferred deer habitat, abundant birds, ground nesting animals)
■ Redwood forest (wildlife generally less abundant)
■ Chaparral (dense brush and steep slopes discourage off-trail chases)
■ Previously disturbed areas
Wetlands next to trails are rated as more sensitive to dog impacts than those away from trails. This
is especially important where there is no buffer of thick brush between the trail and the water.
Areas serving as direct water sources for residences are considered sensitive. Habitats with
sensitive wildlife species and/or wildlife accessible to dogs, are also considered more sensitive.
11. Staff rating (0=low, 1=medium, 2=high)
The "Staff rating" category comes from questionnaires distributed to all staff. Not all staff may
wish to vote, depending on their familiarity with the preserves. In the current matrix, the low
rating = 0-5 votes, medium = 6-11, high = 12-16.
The matrix does not address off-leash use. The off-leash issue is especially controversial for the
District. The majority of staff, in their responses to the questionnaire, feel dogs belong on-leash for
protection of wildlife, the public, and to protect dogs from other dogs. Many believe that voice
control is impossible to enforce and do not want to be put in the subjective position of enforcing it.
Creating a separate, defined, area for off-leash dogs will increase the District's management costs
and responsibilities. Such intensive use areas have traditionally been the function of city and county
parks, rather than "preserves".
3
PROCESS FOR ASSESSING PRESERVE SUITABILITY FOR DOG ACCESS
Attachment A provides the format for evaluation when new preserves are considered. A change in
dog access may be proposed during the use and management planning process. The matrix should
be updated by the Resource Planner according to the following process:
■ research relevant attributes of proposed preserve by visiting site, consulting field staff, and
reviewing existing information about the preserve
■ prepare table with factual information on preserve attributes
■ circulate table to planning and operations staff for review, and refine table accordingly
■ use information from table to fill out matrix (see Attachment 2 for matrix format).
Determine if there are areas in preserve which should be closed to dog access because of
habitat sensitivity, user conflicts, or other reasons.
■ prepare and administer staff survey to use for completing staff rating item of matrix
■ assess preserve scores in relation to other preserves under consideration
A change in dog access requires an amendment to the preserve's use and management plan. The
amendment must be presented to the Board for review and approval, along with supporting
documentation. In this way, neighbors and interested constituents will be advised of the potential
change in use as a part of the District's public notification policy.
Once a change in dog access has been made, impacts must be monitored. If allowing dogs causes
unacceptable impacts, access must be modified to correct the problem. Any such changes in dog
access would most likely require a formal amendment to the use and management plan.
4
III
ATTACHMENT A
PRESERVE SUITABLILITY FOR DOG ACCESS
E g
d c g • E a T
u e �: V o s sp• y a G v O Tyyj 'rjy.
• 9 O e V a m m K e G O �" G O
�-- _ °yp F E a E W5 fi ; a e
V M M u. 46 : J J.. J a a a a a F
PRESERVE
HISTORY OF DOG USE
0-no, 3-illegal use, 5=yes
DOGS ALLOWED ON CONNECTING TRAILS
0- no, 3- no,but major public toed separates
preserve and"no dog'trail
5=yes/or no connecting trails
USE
0-high, 3-moderate, 5-low
MILES OF TRAIL
0- <1 mi., 1- 1-Smi., 2= >5mi.
LOOPTRAILS 0-no, 2-yes
PARKING 0=very limited, 3=limited or planned•,
5=ample
ROAD-WIDTH TRAILS/GOOD VISIBILITY
0=no, 3-some, 5-all/most
CONFLICTING SPECIAL USE(nature center,winery,
interpretive trail,farm
0-yes, 3-no
HABITAT DISTURBED 0=little, 1=medium,2=high
HABITAT SENSITIVITY 0-high, 2-medium, 5=low
ADJACENT TO URBAN AREA 0-no, 3=yes
USER CONFLICTS 0-high, 1-medium,2=low
DIFFICULTY OF PATROL AND ENFORCEMENT
0=high 1=medium,2=low
STAFF RATING
0=low, 1=medium,2=high
TOTAL
Op en Spa ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-95-89
Meeting 95-16
June 28, 1995
REPORT
June 22, 1995
To: Board of Directors
From: L. Craig Britton, General Manager
Prepared by: Randy Anderson, Planning Manager
Subject: Staff Recommendations on Additional Access for Dogs
Staff has carefully analyzed the Dog Use Committee's recommendations and issues related to
increased dog access. Staff generally supports the committee's recommendations, with two
exceptions and one addition, as indicated below and further detailed in this report.
GENERAL MANAGER'S RECOMMENDATIONS
1) Dog Use Committee recommendation I is supported, with the slight modifications
proposed in the text of this report.
2) Dog Use Committee recommendations 2, 3a through 3g, and 4 are supported, as
contained in the committee's report.
3) Delay approving recommendation 3h, leashed dog access to Sierra Azul Open Space
Preserve, Kennedy Limekiln Area, until additional parking can be provided.
4) Do not approve recommendation 3i, off-leash dog access at Pulgas Ridge Open Space
Preserve, or off-leash access at any other District lands.
DISCUSSION
More detailed comments on the recommendations and related issues are provided below for
the Board's consideration.
Recommendation 1. Criteria for Evaluating Preserve Suitability for Doi! Access
Staff recommends changing the weighting of criteria 8 (Conflicting Special Use) and 10
(Habitat Sensitivity) to more accurately reflect their importance. The attached example
shows how the preserves would score in the matrix using the new figures. The proposed
changes give the scores a somewhat wider spread but do not change the order of the
recommended preserve rankings.
In the current matrix, scoring for criterion 8, Conflicting Special Use, "yes" rates 0, and
"no" rates 3. There should be a provision for ruling out a preserve from consideration if the
330 Distel Circle Los Altos, CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: mrosd@netcotn.(om
Board of Directors:Pete Siemens,Mary C. Davey, Teena He ns I raw,Gin try Babbitt, Nor iette H,inko, Bettis(row(ler,Wirn de Wit
G�CnCld/Manager:ICraig Britton
R-95-89 Page 2
special use is completely incompatible with dog access, regardless of the score. If access can
be modified so as to eliminate the possibility of conflict, the score should be higher, and if
there is no conflict it should be higher still. We propose changing the matrix scoring to yes
= 0, no = 5, with the provision that a preserve can be eliminated from consideration for
dog access if the use is completely incompatible. Opening part of a preserve to dogs to avoid
an area of conflict should be done only as a last resort. It is preferable to designate the
entire preserve as open or closed to dogs to reduce visitor confusion and simplify
enforcement.
In the current matrix, scoring for criterion 10, Habitat Sensitivity, high rates 0, medium rates
3, and low rates 5. Staff believes that the current matrix value for Habitat Sensitivity is not
high enough to reflect its importance. To ensure resource protection, habitat sensitivity
should be the most important factor to consider when evaluating dog access to preserves.
The weighting of this factor should be increased to reflect this. The presence of an
endangered species which could be impacted by dogs may be reason to remove the preserve
from consideration for dog access. We recommend changing the ratings for habitat
sensitivity to medium = 5, and low = 10, with the provision that a preserve can be
eliminated from consideration for dog access if the use would significantly impact a rare or
endangered species.
Staff also recommends changing the words "legal" and "illegal" used in criterion 1, History
of Dog Use, to "sanctioned" and "unsanctioned" to reflect the meaning more accurately.
Recommendation 3h, Sierra Azul Oven Space Preserve, Kennedy-Limekiln Area - Q= all
trails to dogs on leash.
Staff generally supports this recommendation but is concerned about opening this area to
dogs before adequate parking is available, as it may impact neighboring residents and
property owners. Therefore, staff recommends delaying this access change until currently
planned parking is implemented.
Recommendation 3i. Pulgas Ridge_Qpgn Space Preserve - own an off-leash area at the site
of the former Hassler sanitarium buildings.
Staff opposes this recommendation, and any off-leash dog access to District lands. Staff is
opposed to off-leash areas due to inherent management problems and incompatibility with
basic District low intensityuse policy. Other recreation agencies within the District's
Po Y
boundaries that are oriented to intensive recreation have not provided such areas except for
urban area dog runs. Staff anticipates that off-leash areas on District land would be impacted
by heavy use. Based on District policies and the site evaluation criteria, this use would more
appropriately be accommodated on other agencies' lands that are less sensitive, more
accessible, and easier to manage. Such concentrated use of an area is not consistent with the
District's land management policies and is difficult for us to manage with limited District
staff resources. According to the District's Board-adopted resource management mission
statement, "The District will protect and restore the diversity and integrity of its resources
for their value to the environment and to people, and will provide for the use of the
preserves consistent with resource protection." Policy 1.1 states, "Favor protection of
resources when use significantly interferes with resource protection."
R-95-89 Page 3
Designation of this area of Pulgas Ridge as an off-leash zone will definitely reduce the
presence or visibility of wildlife, and could result in the harassment or killing of individual
animals. This use is inconsistent with our efforts to restore the site back to a natural
condition, although not at the level of a significant effect on the environment. Staff is also
concerned about management problems associated with conflicts between dogs, between dogs
and people, and between dog owners. Staff is also concerned about the waste clean-up
problem and resulting impacts associated with such concentrated use.
If the off-leash area at Pulgas Ridge is implemented, staff proposes to fence the former
building area and provide gates at each end. This will simplify enforcement by clarifying that
dogs are allowed off-leash only within this area. It will also allow other trail users to avoid
encountering off-leash dogs. This type of facility would have definite budget and personnel
ramifications which have not been thoroughly analyzed at this time.
Dog Waste Clean-Up
Signing should be provided to require waste clean-up, or at least removal from the trail.
However, the District does not provide trash receptacles, and in any case cannot expect that
compliance will be high. Other agencies have found providing waste bags at trailheads to be
impractical. This problem would be exacerbated any place dog use is concentrated, such as
at an off-leash area, or the first few hundred yards of popular dog accessible trails. The best
solution may be peer pressure to follow this rule and volunteer assistance with clean-up and
removal. This has been proposed by persons speaking at the Dog Use Committee meetings,
but currently no organized user group or individual has proposed to take responsibility for
this issue.
Legal Authority for Off-Leash Areas
District Legal Counsel has researched the issue of the District's authority to allow off-leash
use in potential conflict with County ordinances requiring that dogs be confined or on a
leash. There does not appear to be a conflict, based on lack of current case law on this
subject, as elaborated in the attached memo by Research Attorney Diane Blackman.
Cost of Implementation and Management
Expanded access for dogs will require expenditures for signage, brochure changes,
monitoring, and enforcement. The actual costs depend on the location and extent of access.
Based on the current recommendations of the Dog Use Committee, staff has roughly
estimated the cost for sign, map, and brochure changes at $6,700. This does not include
costs associated with access at Kennedy- Limekiln or the possible off-leash area at Pulgas, or
the cost of staff time to implement the changes. This estimate is based on the assumption that
the current supply of brochures and maps would be used up before the changes were made.
In the interim, a flyer would be made available clarifying the current dog access conditions.
Research and experience shows that many people will not comply with leash requirements
without aggressive enforcement efforts. Efforts to achieve compliance with leash regulations
in existing areas with leashed dog access seriously tax staff resources. Expansion of dog
access will require a further commitment of staff time to this effort.
III
PRESERVE SUITABLILITY FOR DOG ACCESS
(Staff Modified)
*C
E
C
C
0 Q,
V .
-3
3=J9 c C
E
011
too
J9
x Ic 0 F, 0 cc 40
PRESERVE
HISTORY OF DOG USE 3 0 0 0 MWi 0 0 0 3 0 0 0 3 0 3 0 0 0 yr 0 3
0-no, 3-unsenctioned use, 5-sanctioned use
DOGS ALLOWED ON CONNECTING TRAILS 5 5 5 5 0 0 3 0 0 i�� 3 0 0 6 0 0 5 5 3 5
0-no, 3- no,but major public road separates
preserve and*no dog"trail
5=yes or no connecting trails
USE 5 3 5
5 O 0 0 3 0 0 0 5 3 3 3 5 3 5 5 5
O=high, 3—modersts, 5-low
-g�
MILES OF TRAIL 1 2 1 1 2 1 0 2 1 2 2 2 2 2 2 0 0 0<0 1= l-Smi., 2- >Smi.
LOOP TRAILS 0 no, 2-yes 2 2 0 2 2 2 2 0 2 2 2 0 2 0 2 1 0 2 0 0
M,
PARKING 0-varyfirnited, 3-limited, 0 3* 0 tT. 3' 5 5 5 *,e 5 5 3 S 5 S 3- 0 5 3 0 3
5:amp
ROAD-WIDTH TRAILS GOOD VISIBILITY S 3 6 5 0 3 3 3 3 3 5 3 0 6 5 3 5 0 0
0 no, 3 some, 5 all most
CONFLICTING SPECIAL USE(nature center,winery, 5 5 5 5 0 0 0 6 5 0 5 5 5 5 5 5 0 5 5 5
interpretive trail,fsrm►
0-yes, 5-no
DISTURBED HABITAT 0-little,1-some,2-most I I 1 1 0 1 1 1 1 0 1 1 0
... .......... 1 0 1 1
HABITAT SENSMV`tTY 0-high, 5-maclium, 10-low 5 5 10 5 S 0 5 0 0 5 0 5 5 10 10 0 0 5 5
ADJACENT TO URBAN AREA 0-no, 3-yes 0 0 3 0 0 0 0 0 3 3 3 0 0 0 0 0 3 0 3
STAFF RATING 2 2 1 0 0 1 2 0 0 0 1 0 2 1 0 0 0 1
0-low, 1-medium,2-high xxu, :; }
1 1 1,
TOTAL 34 31 36 16 13 21 29 30 19 41 33 95 23 22 18 31
NOTE: Higher score=better suitability for dog access.
ElShading -Dog*currently allowed. *Additional parking is planned for the preserve.
MEMORANDUM
June 19, 1995
TO: R. Anderson, Planning Manager
FROM: D. Blackman, Research Attorney
THROUGH: S. Schectman, District Counsel
SUBJECT: Application of local ordinances to District lands.
Questions Presented:
May local (i.e. city or county) ordinances governing control of dogs be overridden by a
contradictory District ordinance applying to District land?
Summary:
Local (i.e. city or county) ordinances governing control of dogs may be overridden by a
contradictory District ordinance applying to District land. Generally, local ordinances
apply on all land within its boundaries. This general rule is modified by overriding state
authority. The District is a subsidiary of the state and may exercise the authority granted
to it, by the state, to govern its affairs on its own land.
Unlike cities and counties, which are general purpose governments, special districts are
formed for specific and limited purposes. State law sets out the scope of the District's
authority of the District to govern. The District may override local ordinances only as long
as the District acts within the scope of that authority. Public Resources Code Section 5558
authorizes the District to enact all ordinances, rules, and regulations necessary for the
administration, government, protection, and use of the property belonging to the District or
under its control. The enactment of dog control regulations are sufficiently related to the
use of District land as to be within the scope of authority granted by the state. The
District, therefore, has the power to enact its own dog control ordinances, even if those
ordinances conflict with local ordinances.
Back ram:
The District is reviewing its dog use policies on all its lands. The District has investigated a
number of possibilities including using various criteria to examine the various preserves as to
suitability for dog use and, if suitable, in what manner. District lands fall within a variety of
city and county boundary limits. Those various cities and counties have different ordinances
governing dogs on private and public property. Of particular interest is the District's power
to authorize uses even where in conflict with regulations of a city or county ordinance
affecting that area.
Discussion:
In exercising the authority granted by the state a special district is exercising the power of the
state. The state legislature provided for the creation of open-space districts, and specified
their obligations and powers. Unless the statute limits its application, all of the sections from
Public Resources Code § 5500 to § 5595 apply to the District. These powers include (1) the
power to acquire land (2) to develop, control, and maintain open space preserves, and (3) to
adopt all ordinances, rules, and regulations necessary for the government, protection, and use
of the property belonging to the District or under its control. '
If the state's exercise of its governmental power conflicts with local regulation, then the local
regulation is "preempted" or overridden. Intergovernmental immunity is the concept that one
local agency cannot enforce its regulations as to another governmental agency if to do so
would interfere with the exercise of power granted by the state.
If the District chose not to regulate dogs on District land it is possible that local ordinances
would apply. This is because, in order for either intergovernmental immunity or preemption
to apply, there must be some conflict between the city or county ordinance and the exercise of
state authority. If the District did not have its own dog control rules, different rules would
apply with every change in city or county boundary. This could create some difficulties
because it would be difficult determine which law applied at any particular point in some
preserves, and the rules would not be uniform throughout the District. To properly manage
its affairs the District needs to have consistency in control of dog use on District land.
Furthermore, the ability to determine what kind of recreational activities will be permitted is
essential to the District's exercise of it's power to control the use of District land. These
factors support the District's exercise of its authorityin enacting and enforcing do use
rr g g g
control ordinances even though they may conflict with a local city or county ordinance. To
the extent the District has contradictory ordinances, the local ordinances are preempted on
District land, and only the District's rules apply.
A district has perpetual succession, may sue and be sued, may adopt a sea]. § 5539 A district may plan, develop,
control, and maintain a system of public parks, trails, natural areas, ecological and open space preserves, and other facilities
for public recreation, and it may take title to, use, lease or dispose of both real and personal property within or without the
district, for such purposes. §§ 5540, 5541, It may conduct programs and classes in outdoor science education and
conservation education, make contracts, employ labor, borrow money, and issue bonds or other evidences of indebtedness,
levy and collect, taxes. It may contribute money to the California State Park Commission or to any municipality, county or
other public agency to assist in acquiring land, for the purposes described or for improving the lands in the manner therein
specified, and may do all other things necessary or convenient for the full exercise of its powers. §§ 5541, 5543, 5544, 5545,
5546. The board shall regulate the kind of vehicles, and the time and conditions of travel or parking on such public facilities;
and it shall employ a suitable police force and shall adopt all ordinances, rules, and regulations necessary for the
administration, government, protection, and use of the property, improvements, and facilities belonging to the district or under
its control. 5548 The district shall be primarily responsible for the prevention and suppression of all fires on any lands in its
possession or control, excluding all lands of a district located within the exterior boundaries of any municipality or other fire
protection district. 5561.6 j
I _
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-95-85
Meeting 95-16
June 28, 1995
AGENDA ITEM
Authorization for the General Manager to Approve or Deny Certain Claims Against the
District
GENERAL MANAGER'S RECOMMENDATION /
Adopt the attached resolution authorizing the general manager to approve or deny certain
claims against the District.
DISCUSSION
On April 26, 1995, the Board directed legal counsel and staff to prepare a property damage
authorization policy (see report R-95-60). It was at that same meeting that the Board
approved, retroactively, a $680 property damage claim. Settlement of the claim required
expeditious handling since the individual involved was leaving the country prior to the
Board's next scheduled Board meeting.
Since the District did not have a specific policy for the submission and approval or
disapproval of such claims against the District, staff recommended such a policy be prepared
for the Board's review and consideration.
The California Government Tort Claims Act, Government Code Section 810 et seq.,
establishes procedures for presenting damage claims to public agencies and for public
agencies to consider these claims. Government Code Section 935.4 allows the Board of
Directors to authorize the general manager to perform any required acts to allow, deny or
compromise such claims.
Staff feels that it is in the best interests of the District that the general manager have the
authority to promptly resolve certain small damage claims against the District that do not
exceed $2,500. Claims over $2,500 would have to be submitted to the Board of Directors.
This policy would apply to both personal injury or property damage claims against the
District.
The General Manager would report to the Board of Directors at its next regular meeting any
action taken to consider, deny, allow or compromise claims against the District that do not
exceed $2,500.
330 Distel Circle - Los Altos,CA 94022-1404 * Phone:415-091-1200 * FAX:415-691-0485 * E-mail: mrosdnnetcom.com t�f
Soda((of/hector.:Pete Siemens,Mary C.Davey, feels Iienshaw,Ginny Babbitt,Nonette Nanko, Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
R-95-85 Page two
Staff will also prepare administrative procedures for handling such claims, as well as
necessary forms.
The Administration and Budget Committee considered this proposed policy at its June 14,
1995 meeting and recommended that it be presented to you for approval.
Prepared by:
Susan Schectman, Legal Counsel
Jean Fiddes, Administrative Services Manager
Contact person:
Jean Fiddes, Administrative Services Manager
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING THE GENERAL MANAGER TO APPROVE
OR DENY CERTAIN CLAIMS AGAINST THE DISTRICT
WHEREAS, in the normal course of District business, there may be occasions when a
member of the public will make a claim against the District for damages incurred as a result
of an incident or accident on District land and/or involving District employees; and
WHEREAS, the California Government Tort Claims Act, Government Code Section
810 et seq., establishes procedures for presenting damage claims to public agencies and for
public agencies to consider these claims; and
WHEREAS, Government Code Section 935.4 allows the Board of Directors to
authorize the General Manager to perform any required acts to allow, deny or compromise
such claims; and
WHEREAS, it is in the best interests of the District that the General Manager have
the authority to promptly resolve certain small damage claims against the District that do not
exceed two thousand five hundred dollars ($2,500);
NOW, THEREFORE, BE IT RESOLVED that, pursuant to Government Code
Section 935.4, the Board of Directors of the Midpeninsula Regional Open Space District
hereby expressly authorizes and delegates to the District's General Manager the authority to
perform any acts required to consider, deny, allow or compromise claims against the District
governed by the California Government Tort Claims Act that do not exceed two thousand
five hundred dollars ($2,500).
BE IT FURTHER RESOLVED, that the General Manager shall report to the
District's Board of Directors at its next regular meeting any action taken to consider, deny,
allow or compromise claims against the District that do not exceed $2,500.
Open Space
R-95-87 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-16
June 28, 1995
AGENDA ITEM
Proposed Addition of Rancho de Guadalupe Property to Sierra Azul Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Adopt the attached resolution authorizing purchase o ancho de Guadalupe
Property
2. Adopt the attached resolution approving and authorizing the $1,000,000 secured loan
from Peninsula Open Space Trust (POST).
3. Tentatively adopt the Preliminary ryUse and Management Plan reco mmendations
contained in this report, including
a. keeping the lower two-thirds of the site closed to public use until an Interim
Use and Management Plan is adopted, and
b. naming the Rancho de Guadalupe property an addition to Sierra Azul Open
Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space
at this time.
5. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in this report.
DESCRIPTION (see attached maps)
The 1465-acre Rancho de Guadalupe property is located four miles east of the Town of Los
Gatos and adjacent to the Sierra Azul Open Space Preserve and Almaden Quicksilver County
Park. The property can be reached via Hicks Road, a scenic public road paralleling
Guadalupe Creek. The road extends nearly one and one-half miles along the northern edge
of the property where there are a number of places feasible for parking and public access.
The property provides a tremendous opportunity for enhancing public access to over 12,000
acres of surrounding open space and parklands. The property is rated in the District's Open
Space Master Plan as having moderate to high composite open space values and is most
important in terms of habitat preservation, protection of scenic resources, and potential low-
intensity outdoor recreation.
Prominent features of the property include expansive grasslands, oak woodlands, creeks,
waterfalls, a small lake, and rugged hillsides. Near the southern boundary of the property
330 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-691-1200 - FAX:415-691-0485 * E-mail: mrosd@)netcom.com
Board of Directors:Pete Siemens,Mary(_. Davey, teena Henshaw,Ginny Bahhitt,Nonette I lanko, Betsy Crowder,Wim de Wit
Genet> d Manager.L.Craig Britton
R-95-87 Page 2
and at a 3,000 foot elevation, Mt. El Sombroso affords a panoramic view of the Santa Cruz
Mountains and southern Santa Clara Valley. A popular portion of the Bay Area Ridge Trail
crosses over Mt. El Sombroso and connects the Kennedy Limekiln and Mt. Umunhum Areas
of Sierra Azul Open Space Preserve. Below Mt. El Sombroso, the wooded hillsides,
mountain creeks, open meadows, and serene lake offer diverse wildlife habitat, as well as a
unique wilderness experience close to one of the most urbanized regions in the San Francisco
Bay Area.
The property is bounded by Sierra Azul Open Space Preserve to the south, southwest, and
southeast; Almaden Quicksilver County Park and Peninsula Open Space Trust land to the
northeast; and private properties to the north, west, and east. Pheasant Road, which
originates at Hicks Road near the northwest corner of the property, climbs through the site in
the southerly direction. The first one-half mile of Pheasant Road is a paved county road and
open to the public. Beyond this point, the road is gated and private, but remains paved for
over one mile before it changes to an unsurfaced road and continues another mile to Cherry
Springs at the base of Mt. El Sombroso.
Cherry Springs produces a high volume of water throughout the year and historically
provided the water necessary for the mercury mining operations at the nearby Guadalupe
Mines. The water was collected at Cherry Reservoir, located near the center of the
property, and then piped down to the mercury mines to operate heavy mining equipment
prior to the use of electricity. In addition, water was piped to two areas along Hicks Road
where Chinese laborers once lived and remnants of fruit trees can still be seen. The larger
of the two areas is a short distance east of Pheasant Road and was known as China Flat.
Mining operations occurred on the property in two locations along the south side of Hicks
Road. Both areas, which will be of interest to visitors, present potential safety problems that
need to be addressed. The first location along Hicks Road is approximately one-half mile
southeast of Pheasant Road and consists of a vertical mine shaft referred to as the Engine
Shaft. The mine shaft was used for mining cinnabar ore and dewatering a complex system of
underground mine shafts known as the Old Mine. The Engine Shaft is covered with a
concrete lid and the surrounding area is securely fenced with chainlink and barbed wire.
Inside the fence are stacks of old timbers and other mining remnants. The second location is
further along Hicks Road near the northeast corner of the property near where mine tailings
were deposited and are now overgrown. Mine tailings refer to the areas where waste rock
from the mine was deposited above ground. Hicks Flat was once the site of rocky mounds,
most of which were graded and leveled early in the 1980's.
The property's terrain and landscape are extremely diverse, ranging from steep forested
slopes to gentle grassland meadows. Elevations vary from 360 feet near Guadalupe Creek to
3,000 feet at Mt. El Sombroso. Nearly level to gently sloping land best characterizes the
northern one-half portion of the property while increasingly steep slopes ascend towards the
southern boundary. The most gentle terrain is located adjacent to the Guadalupe Creek
floodplain and above the first ridgeline around Cherry Reservoir. The steepest slopes are
R-95-87 Page 3
below Mt. El Sombroso and adjacent to numerous creeks and tributaries. The two largest
creeks, in addition to Guadalupe Creek, are Pheasant Creek, which borders the property to
the west, and Hicks Creek on the eastern edge near Reynolds Road. Both creeks are
perennial with abundant water and picturesque pools and waterfalls particularly in the upper
reaches of the property where the slopes are steep and rocky.
Most of the property consists of thin rocky soil over bedrock, and there are few signs of
slope instability. There are landslides blocking unsurfaced roads on the east-facing slope
above Hicks Creek and west-facing slopes above Pheasant Creek. Exposed outcroppings of
rock and serpentine soils appear at several locations. The Sargent-Berrocal fault zone
traverses the lower slopes of the property in the vicinity of Pheasant Road between the entry
gate and hairpin turn a short distance north of Cherry Reservoir. The fault is known to be
potentially active.
A number of large open meadows and oak woodland areas are located in the lower third of
the property. The two largest meadows surround Cherry Reservoir and border the
intersection of Hicks Road and Pheasant Road. Smaller but equally scenic grassland areas
are found near China Flat, above Hicks Flat and along the ridgelines between Pheasant Road
and Hicks Road. The oak woodland community is of special interest because of the many
diverse species of oaks. Another unusual plant community present is maritime chaparral
located on the high rocky slopes and ridgetops of Mt. El Sombroso. The serpentine soils
produced an exceptionally colorful wildflower display this past spring.
The property provides valuable habitat to a wide variety of animals including mountain lion,
bobcat, deer, red fox, wild turkey, and feral pigs. The springs and reservoir undoubtedly
are inviting sources of water for wildlife. The feral pig population is a concern because it
has had an adverse impact on the vegetation. Large areas of grassland and woodland have a
hummocky appearance resulting from the uprooting of vegetation. This type of damage
occurs throughout the Sierra Azul mountain range but may be more extreme on the Rancho
de Guadalupe property because of the property's close proximity to the landfill operation on
private property north of Hicks Road. Caretakers of the property report the pigs migrate to
the landfill at night to scavenge and return in the early morning when the landfill operations
resume.
Agricultural uses of the property have included farming and grazing. In the mid-1800's the
area around Cherry Reservoir was homesteaded and several hundred acres of orchard trees
were grown. Today, very few trees remain. Cattle grazing occurred on the property for
over 50 years and signs of stock pens and fencing are most apparent on the lower third of the
property. Grazing may account, at least in part, for the open meadows and absence of
understory in the oak woodland areas. Grasslands are in good condition, except in small
isolated areas near cattle pens where grazing activities were more intense.
Approximately 40 years ago, the owners of the property began improvements designed to
make the site more developable. Improvements included a new water system, reservoir
enlargement, roads, drainage, and electrical power. The extensive water system is the most
notable and unusual amenity for the District to acquire with open space. Cherry Springs,
R-95-87 Page 4
located at the base of Mt. El Sombroso, provides a year-round water source for Cherry
Reservoir and has been developed to disperse water to pipelines and hydrants throughout
much of the lower third of the property. A concrete collection box near the spring provides
water to a 100,000 gallon redwood water tank located above the reservoir at an elevation of
1,400 feet. From here the pipelines and numerous hydrants generally follow the course of
Pheasant Road to the entry gate. The system has maintained its productivity during recent
drought years, appears to be in good repair, and can be used for emergency purposes.
Cherry Reservoir was last improved in 1971 when it was enlarged to approximately five
acres and deepened to nine feet. Sedimentation and vegetation have since reduced the
reservoir's size and will continue to do so in the future unless it is actively maintained. The
historic pipelines between the reservoir, China Flat, and Guadalupe Mines are no longer
active but visible in places. There is an earth dam and spillway on the north side of the lake
and the water level is maintained year-round.
Roads and Trails
Approximately 10 miles of roads and trails on the property form various loops that will be
highly desirable to trail users. The trails are divided into upper and lower trails and do not
connect to one another. The upper trail is located near the southern boundary along the east-
west axis of the Mt. El Sombroso ridgeline. A section of this trail encompasses the proposed
alignment of the Bay Area Ridge Trail. Another section includes the main trail originating at
Kennedy Road and passing through the property to Priest Rock and Lexington Reservoir. A
third section leaves the ridgeline to the northeast and drops down to Reynolds Road.
The majority of the trail system is located between Hicks Road and Cherry Springs.
Pheasant Road forms a spine trail with many loop trails radiating outward to both sides. At
the north end of the property, the first trail intersecting with Pheasant Road is adjacent to the
entry gate. This overgrown trail traverses a steep slope near the west boundary above
Pheasant Creek. The first section of the trail is densely wooded but then opens up into
chaparral where there are views across the watershed to Kennedy Trail in the distance. This
trail loops back to Pheasant Road east of Cherry Reservoir.
A short distance up the hill past the entry gate there are three trails that branch off of
Pheasant Road and descend the north-facing slope, passing through attractive oak woodland
and open grassland areas. They connect to Hicks Road at the intersection of Pheasant Road,
China Flat, and Hicks Flat. The trail connecting to China Flat serves as one of the main
patrol roads on the site.
There are a number of short trails in the area surrounding Cherry Reservoir where the open
meadows and oak covered hilltops offer ideal places for rest stops and picnics. One of the
nicest views is from a trail that climbs less than one-quarter mile to the top of a prominent
hill directly west of the reservoir. The most accessible trail in terms of grade and scenery is
the trail encircling the reservoir where one can usually see a variety of birds.
Above the reservoir there are two major trail routes to the upper portion of the property.
The first is a continuation of Pheasant Road which climbs southerly over a spinelike ridge
r
R-95-87 Page 5
and ends at Cherry Springs. Near the top of the ridge a trail branches off to the north and
passes an impressive rock outcropping where one can climb to the top and see a panoramic
view of the entire property, surrounding open space preserve, Almaden Valley and Mt.
Hamilton. Below the rock outcropping on the east side of the ridge, another major trail
traverses the steep and rugged slopes above Hicks Creek originating at Cherry Reservoir and
eventually connecting to Pheasant Road below Cherry Springs.
USE AND MANAGEMENT PLAN
Since the addition of this property to the Sierra Azul Open Space Preserve will provide
highly desirable immediate and long-term recreational opportunities, planning and
management issues and concerns are unusually complex and need to be adequately addressed
prior to opening the site to public use. The first step in this planning process will be the
preparation of an Interim Use and Management Plan that will be completed within the next
six months. The Plan will provide for opening the property to public use, most likely on a
permit basis, and specifically address concerns and issues relating to trail use, levels of patrol
and maintenance, removal or securing of potential safety hazards, interim public parking, and
potential trespass. During the six months of plan preparation, staff will become familiar with
the site and adequately define and address the issues and concerns relating to opening the
preserve and providing public use during the process of developing the long-term
Comprehensive Use and Management Plan. The comprehensive plan will be prepared with
full public participation, as stipulated in the District's Open Space Management Planning
Process. It is anticipated that the comprehensive plan would be prepared within two years,
at the earliest.
One of the key issues for both short and long-term planning centers around parking and trail
access. Although the property has approximately two miles of frontage along two public
roads, currently there are very few places along the roadside to safely park a vehicle and
access the property. Initial planning efforts will, therefore, involve coordination with
appropriate County agencies to determine where parking can be safely developed.
Another key issue relates to patrol and a general presence of management staff that is
required to responsibly manage the anticipated public use of the property. There is currently
a low level of patrol and presence in the Hicks Road corridor and Mt. Umunhum Area. An
employee residence and caretaker are located at the top of Mt. Umunhum, but this location
does not relate closely to the property. Both short and long-term increased public use along
the Hicks Road corridor will require examining changes in deployment of staff resources and
location of employee residences.
Planning Considerations
Public Access
The close proximity of Hicks Road, a designated scenic road, offers the potential for
developing a major staging area and trailhead on the property which will provide public
access to thousands of acres of surrounding open space and parklands. There are a number
of nearly level sites on the property that appear to be suitable for developing parking areas.
R-95-87 Page 6
The trail system can be greatly enhanced by connecting the main trail across Mt. El
Sombroso to Cherry Springs and linking other existing trails on the lower portion of the
property. Because of the topography, this important trail connection will be difficult to lay
out and construct.
An interim parking area is being investigated in two locations. The first is at China Flat
where there is an existing gate on Hicks Road and moderately steep gravelled driveway
leading to a large level grass covered terrace. Factors that may determine feasibility include
restricted line of sight along Hicks Road and the narrow steep driveway. The second
location is adjacent to Pheasant Road near the intersection of Hicks Road. Here, the
constraints are mostly related to visual impacts in the highly prominent meadow, and need
for a trail connecting to the remaining property. The visual impact can be minimized by
limiting the size of the parking area to 10 to 15 vehicles. Either location would require a
permit system to be employed until sufficient management presence can be provided in this
area.
Mining Activities and Related Issues
Mining activities on the Rancho de Guadalupe property were originally associated with larger
quicksilver mining operations along Guadalupe Creek referred to as the Guadalupe Mines.
The cinnabar ore was mined to obtain quicksilver (mercury) and the Guadalupe Mines were
operated intermittently from the mid-1800's to approximately 1948. The mines were
generally divided by Guadalupe Creek into the Old Mine, consisting of a compact older
group of underground workings situated mainly south of the creek, and the newer mines
located north of the creek and under Los Capitancillos Ridge. The Old Mine was
considered to have the highest grade ore in this area, although not the equivalent to the high
grade ore found at the neighboring Almaden Mines. During the late 1800's the Guadalupe
Mines were closed for a period of time due to a decrease in price of quicksilver. When they
were reactivated in the early 1900's, the Engine Shaft was used for dewatering the Old Mine.
A pipe remains on the side of Hicks Road that was used to pump water from the mine shaft
into Guadalupe Creek. Dewatering was difficult because of seepage from Guadalupe Creek.
In 1917, the creekbed was lined with a concrete flume, parts of which can still be seen. In
1922, the pumps were abandoned and the mines on the south side of creek were shut down.
The Engine Shaft was reactivated and operated in the mid-1900's and permanently closed
approximately 20 years ago.
The Engine Shaft was the largest of the mine shafts leading to the Old Mine. Its surface
dimensions were estimated to be 8 feet by 14 feet and it had three compartments that
descended 620 feet. When the mine shaft was closed with a concrete lid in 1981, it had
relatively new timbers for support in the upper portion of the shaft. The area around the
mine shaft was partially cleaned-up and fenced and the mine tailings at Hicks Flat were
graded and smoothed out. The concrete lid extends beyond the shaft opening two feet on all
sides and, although it is currently stable and impenetrable, it is expected to fail eventually as
the timbers deteriorate and the walls of the mine shaft give way. In an effort to determine
what improvements, if any, are needed to ensure long-term public safety, staff consulted
representatives at East Bay Regional Park District who have experience and expertise in
R-95-87 Page 7
mining operations and mine shaft closures to obtain recommendations. They conducted a
field inspection and provided a subsequent report proposing a number of alternatives for
additional and alternative measures to secure the mineshaft. Their preferred alternative is to
backfill the mineshaft with imported material. Staff obtained an estimate of$118,000 to
complete this project. It is possible to reduce this cost if inexpensive backfill material can be
found or the waste rock located at Hicks Flat can be used. Other alternatives included
plugging or covering the mineshaft which require detailed engineering, additional
construction, and may result in ongoing maintenance problems. There is no indication that
the existing cap will not perform adequately for the foreseeable future. In the event the
District were to undertake additional measures in the future, there is bi pos s i lity that
actions would have a significant affect on the environment. these
The mine tailings from the most recent mining activity at the Engine Shaft were hauled to
Hicks Flat, located near the intersection of Hicks Road and Reynolds Road. Mine tailings
can refer to both raw material pulled from the mine shaft or processed ore, which may
contain mercury. At Hicks Flat, the property owner and consultants have concluded that the
tai rY
ore removed from the Engine Shaft was not processed on-site and, therefore, the mine
tailings consist of raw material only. This is important because unprocessed ore is not likely
to yield high levels of mercury contamination in soils and surface water. The concern about
m human exposure mine tailings or dust. Mercury can
the presence of mercury comes from u an e posu a to g ry
also be in surface water that comes in contact with mine tailings. The Hicks Flat area is the
only location on the property where mine tailings are found and the impacted area is
approximately one-third acre in size.
A number of investigations into environmental conditions associated with the mining
activities have been conducted. In 1989, an initial study, referred to as Phase I
Environmental Audit Rancho Guadalupe, was undertaken to address the concern over the
potential for mercury contamination of surface soils, groundwater and surface water. The
areas where mining activities may have occurred were studied, including the Engine Shaft,
Hicks Flat and China Flat. The preliminary conclusion stated there was no obvious
indication of environmental degradation in either surface water or vegetation which could
indicate the presence of mercury at an excessive level in the soil or waste rock materials.
Following the conclusion, an attached report on soil tests revealed levels of mercury that
exceed state standards. It also stated the mine shaft opening had been sealed utilizing good
engineering practice and should not present a long-term liability. Subsequent testing of waste
rock samples at Hicks Flat in January 1990 revealed that some samples were found to exceed
state standards and were recommended for further analysis in order to complete their
characterization. Phase II of the study was conducted in 1992 and concentrated on soil
sampling at Hicks Flat and China Flat. No samples investigated were identified to be of
concern and no further investigation was considered necessary at the time.
Based on the inconsistencies between findings in the Phase I and Phase II studies, staff
further investigated site conditions by consulting with environmental engineers to review both
Environmental Audits. The scope of services included a determination about testing, analysis
and conclusions of the two reports. Upon initial review, the consultants stated that
information was inconclusive and additional testing of soils and surface water were
*Staff report corrected at June 28, 1995 meeting to state that there is no
possibility that these actions would have a significant affect on the
environment.
R-95-87 Page 8
recommended. These tests have been completed and the results of the tests show the
presence of mercury in excess of state standards within a one-third acre area at Hicks Flat.
At this time, it is not known whether this condition is one which will require remediation
according to any regulating agency. No regulatory actions have been initiated by any agency
and no indication has been given that this site is one which will require remediation.
However, if remediation were required in the future, three alternatives have been outlined.
The preferred alternative would be to contain the material at Hicks Flat by moving waste
rock away from the creek and capping the material with clean soil. This method has been
approved at Almaden Quicksilver County Park. The process for preparing and implementing
a remedial plan can be complex due to local and state regulations but, because of the small-
scale size of the project, District consultants are confident that the project would be feasible
and the costs would range from $40,000 to $165,000, depending on material required for
capping the waste rock. Other less costly solutions are also being investigated and may be
possible with careful planning.
In the event remediation were required, there is no indication that the process would have a
�l �
significant adverse effect on the environment. The impacted area is small and disturbed by
grading, and would be largely enhanced by capping and reseeding the mine tailings.
Preliminary Use and Management Plan Recommendation
Dedication: Withhold the property from open space dedication at this time.
Name: Name the property as an addition to Sierra Azul Open Space Preserve.
Public Access: Lower two-thirds of site to remain closed to the public for six months while
the Interim Use and Management Plan is completed, and physical conditions and safety
hazards are further evaluated, removed and/or secured; investigate development of interim
permit parking area at China Flat and Pheasant Road.
Signs: Install private property and preserve boundary signs where appropriate; remove
private property and no trespassing signs on the property; sign the property closed to public
use.
Barriers: Install a gate and fence at the entrance on Pheasant Road.
Roads: Reopen and maintain major roads for patrol.
Clean-up: Clean-up dump sites along Hicks Road and Pheasant Road with assistance from
the County of Santa Clara Road Department.
Public Safety Review: Install and maintain security fence around Hicks Flat; maintain
existing security fence around Engine Shaft until the mineshaft is filled, otherwise secured or
future investigation reveals other solutions.
R-95-87 Page 9
CEQA COMPLIANCE
Project Description
The project consists of the acquisition of 1,465 acres of land as an addition to Sierra Azul
Open Space Preserve and the concurrent adoption of a Preliminary Use and Management
Plan for the property. Ultimately, interim and comprehensive use and management plans
will be developed but their scope cannot be determined at this time. The land will be
permanently preserved as open space. The property will be maintained in a natural condition
and opened to the public for low-intensity recreation. The District has identified a 2-acre area
on the property containing an old cinnabar mine shaft and mine tailings. Further study is
needed to determine how best to manage this area.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment.
It is categorically exempt from CEQA (the California Environmental Quality Act) under
Sections 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows:
Section 15316 exempts the acquisition of land in order to create parks if the site is in a
natural condition and the management plan proposes to keep the area in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space.
This acquisition qualifies under all three sections. The actions proposed in the Preliminary
Use and Management Plan are also exempt under section 15061, as there is no possibility the
actions may have a significant effect on the environment.
TERMS
This property contains 1,465-acres and under the current hillside zoning (20S) has a
residential site density of 13 units. Based upon sales of comparable properties, a staff
appraisal has determined that the bottom end of fair market value is $7,000,000 (at $5,000
per acre the value would be $7,325,000). The property was originally listed in December
1993 for $19.5 million and was gradually reduced over the following year to a low of$11.5
million. A continuation of a slowly recovering economy and a correspondingly poor real
estate market (having partially to do with rising interest rates and changes in the income tax
laws), was instrumental in producing a paucity of private market buyers for this type of
property. This holding is a very unique and impressive parcel of land. In the past, this
property was proposed for development that included a golf course around the lake with
fairway adjacent homes. The property at one time purportedly had a buyer for in excess of
$20 million on that basis. It is staff s opinion that, if a person could afford to hold this
R-95-87 Page 10
property, the future development potential is enormous.
District staff has followed the availability of this property for over 15 years, and although the
property was always available for sale during that time, the price has never been within reach
for the District. It is only the fact that the sole stockholder of the Rancho de Guadalupe
corporation passed away, and the property must be sold immediately on an all cash basis to
satisfy estate debts that has created a unique opportunity for the District to acquire this
property. Staff considers this price to be the lowest fair market value opportunity within the
last decade to acquire this highly desirable open space property.
The questions of the mine shaft closure and the potential mine tailings situation have been
discussed with the seller. Based upon District estimates, the sellers have agree to reduce the
purchase price by $250,000 in recognition of these factors uncovered through the District
staff investigation. Therefore, the net cost of this property to the District is $6,750,000.
ADDITIONAL FINANCING
In working with District Controller M. Foster, the cash flow projections presented to you
during the budget deliberations for 1995-1996 were reviewed. He felt it was important that
the District retain sufficient cash reserves for additional budgeted projects and contingencies
and therefore anticipated a private borrowing of$1,000,000 to complete this acquisition.
The proposed borrowing would be short-term, up to 18 months, to bridge the gap until a
scheduled District public note issue.
Ordinarily, District staff would try to arrange this type of borrowing with the seller.
However, because of the estate's need for cash, this was not possible. Peninsula Open Space
Trust (POST) was approached, and as a result of the completion of the Phleger project, they
have enough cash to provide the necessary short-term loan. POST, while pleased to see their
temporary idle funds at work to help the District preserve additional open space, is currently
negotiating for the purchase of several high priority open space acquisition projects of their
own. Therefore, the $1,000,000 loan at 6% interest (their current bank rate) is fully due and
payable on December 31, 1996. This would be well within the time frame of the next
proposed public note issue.
Prepared by:
Del Woods, Senior Open Space Planner
L. Craig Britton, General Manager
Mike Williams, Real Property Representative
Contact person:
L. Craig Britton, General Manager
" SHANNC OAb' - rx
el
�
`9 .
KENNEDY ROAD
� � ``� `-�� POTENTIAL DEVELOPMENT � � -=� v=_^ `'• = -�_
� �• PARCEL (23 ACRES)
�. �� - - �. -- � �, • ALMADEN QUICKSILVER
_ �'�^� -��F_ _ r �•C GUADALUPE Zz:� OUNTY PARK
LANDFILLVASM
x L
785 �--
HICKS FLAT,
�l`PH EASANT ROAD.
8) � � � �,-„�.-ram;_ --• ``"�;a +; � r:�:
�0 CHINA' .,FLAT, k .
KENNEDY TRAIL
RANCHO DE GUADALUPE--
��� I' ry�_ >.
TOTAL 146 A � .( 5 CREST ` P S.T.
'+u n r v � �7tasertioir
r ' Ikv `�-
�
NC
,� ,, D
-
LAND ' �� Q
,lxg
.,w
1
LIMEKILN TRAM _ .O.S.D.
^k.
i
ANDS
i
k
b
Som ro-so
i � Cr.
,
LOCATION MAP ppp,r1 JUNE 95
RANCHO DE GUADALUPE .hi
Scale: 1 " = 2,000' - 0" North
RESOLUTION
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 TO
EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE -
LANDS OF RANCHO DE GUADALUPE, INC.)
The Board of Directors of the Midpeninsula Regional Open Space District does
resolve as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept the offer contained in that certain Purchase Agreement between
Rancho de Guadalupe, Incorporated, a California Corporation 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 Certificates of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given
appropriate notice of acceptance to the seller. The General Manager further is authorized to
execute any and all other documents necessary or appropriate to the transaction.
Section Four. The General Manager of the District is authorized to expend up to
$5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related
to this transaction.
Resolution No. Page 2
Section Five. It is intended, reasonably expected and hereby authorized that the
District's general fund will be reimbursed in the amount of$6,750,000 from the proceeds of
the next long term District note issue. This Section of this Resolution is adopted by the
Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of
establishing compliance with the requirements of Section 1.103-18 of the Treasury
Regulations. The reimbursement of this payment expenditure is consistent with District's
budgetary and financial circumstances. There are no funds or sources of moneys of the
District that have been, or reasonably are expected to be reserved or allocated on a long-term
basis, or otherwise set aside to pay the costs of this open space land acquisition project which
are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The
Board of Directors hereby declares District's official intent to use proceeds of indebtedness
to reimburse itself for this open space land acquisition project expenditure.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENTNSULA REGIONAL OPEN SPACE DISTRICT
PROVIDING FOR THE ISSUANCE AND DELIVERY OF A
SECURED PROMISSORY NOTE IN THE AMOUNT OF
$1,000,000 TO PENINSULA OPEN SPACE TRUST (SIERRA
AZUL OPEN SPACE PRESERVE - RANCHO DE
GUADALUPE ACQUISITION)
WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional Open
Space District (the "District") has found and determined that it is necessary and proper for the
purpose of implementing the District's plan to acquire necessary and proper lands and facilities
for open space purposes of the District that the District acquire the Rancho de Guadalupe
property (the "Lands") by executed Purchase Agreement from Rancho de Guadalupe
Incorporated, a California Corporation (the "Seller"); and
WHEREAS, under a separate secured promissory note agreement, the District has
agreed, among other things, to incur an indebtedness to assist with the acquisition of the Lands
in the principal amount of $1,000,000 from Peninsula Open Space Trust ("POST"), to be paid
to POST in installments as hereinafter provided; and
WHEREAS, Section 5544.2 of the Public Resources Code of the State of California
authorizes the issuance and delivery by the District of promissory notes to evidence the
indebtedness to be incurred by the District for the acquisition of the Lands, and the Board has
determined to issue and deliver to POST, and POST has agreed to accept from the District,
$1,000,000 principal amount of a secured promissory note under such section to evidence the
indebtedness to be incurred by the District for the acquisition of the Lands; and
WHEREAS, it is appropriate to adopt this resolution in order to provide the terms and
conditions under and pursuant to which a secured promissory note will be issued and delivered
by the District to POST;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Midpeninsula
Regional Open Space District as follows:
Section 1. The Board has reviewed all proceedings heretofore taken relative to the
acquisition of the Lands from the Seller by executed Purchase Agreement and the issuance and
delivery to POST of a secured promissory note to evidence the indebtedness to be incurred in
conjunction with the acquisition of the Lands from the Seller, and has found, as a result of such
review, and hereby finds and determines that all acts, conditions and things required by law to
exist, happen and be performed precedent to and in the acquisition of the Lands from the Seller
and the issuance and delivery to POST of secured promissory note to evidence the indebtedness
i
Resolution No. Page two
to be incurred as a part of the acquisition of the Lands from the Seller have existed, happened
and been performed in regular and due time, form and manner as required by law, and the
District is now duly authorized to acquire the Lands from the Seller by executed Purchase
Agreement and to issue and deliver to POST a secured promissory note to evidence the
indebtedness to be incurred for the acquisition of the Lands, all as provided in this resolution.
The Board further finds and determines that the total amount of District indebtedness, including
the amount of this secured promissory note, is within the statutory debt limitations of Section
5544.2 of the Public Resources Code.
Section 2. Pursuant to the provisions of Section 5544.2 of the Public Resources Code
of the State of California and for the purpose hereinabove set forth, the District determines to
issue and deliver to POST$1,000,000 principal amount of a secured promissory note to evidence
such indebtedness. Such secured promissory note shall be known as the "Midpeninsula Regional
Open Space District 1995 Secured Promissory Note (Rancho de Guadalupe Acquisition)" (the
"Note"). The Note shall be dated June 28, 1995, shall mature (subject to prepayment as
hereinafter provided) on or before December 31, 1996. The Note shall bear interest on the
unpaid principal balance thereof from the date thereof until paid at the rate of six per cent (6%)
per annum, payable on the date of the final principal payment on or before December 31, 1996.
Both the principal payment and interest on the Note shall be payable in lawful money of
the United States of America at the office of the Controller of the District, in Los Altos,
California. The interest on the Note and the principal payment of the Note shall be payable by
the District, on or before December 31, 1996 upon presentation and surrender of the original
Note on the date the final principal installment is due and payable.
Section 3. The Note shall be substantially in the following form, attached hereto as
exhibit "A" and incorporated herein by this reference.
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
1995 SECURED PROMISSORY NOTE
(Rancho de Guadalupe Acquisition)
$1,000,000.00 Los Altos, California
FOR VALUE RECEIVED, on or before December 31, 1996, the undersigned,
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California Public District
("DISTRICT"), does hereby promise to pay to PENINSULA OPEN SPACE TRUST
("POST") at 3000 Sand Hill Road, Building 4, Suite 135, Menlo Park, CA 94025, or at such
other place as the holder hereof may, from time to time, hereafter designate in writing, in
lawful money of the United States of America, the principal sum of One Million and No/100
Dollars ($1,000,000.00), together with interest from the date hereof on unpaid principal at
the rate of six percent (6%) per annum. Should any accrued interest not be paid when due,
as provided below, it shall be added to the unpaid principal and shall thereafter bear interest
in the same manner as principal.
1. Payments. Principal and interest shall be due, payable and credited as follows:
(a) The principal amount hereof shall be paid by DISTRICT on or before
December 311 1996.
(b) Accrued interest hereon shall be paid by DISTRICT at the time of principal
payment on or before December 31, 1996.
(c) All payments made hereon shall be applied first to the payment of all unpaid
interest accrued hereon to the date of such payment and the balance, if any,
shall be applied to the payment of principal. Interest shall thereupon cease
upon the principal so credited.
(d) DISTRICT shall have the right at any time to pay all or part of the outstanding
principal balance of this Note and interest then accrued thereon, without
penalty or premium. Any such proration of interest shall be calculated on the
basis of a 365-day year.
(e) DISTRICT agrees that, in the event it fails to pay all principal and interest on
or before December 31, 1996, all amounts of principal and interest outstanding
after December 31, 1996, shall accrue interest at the rate of ten percent (10%)
per annum until paid.
2. Security. This Note is secured by a First Deed of Trust with Assignment of Rents
(the "Deed of Trust"), of even date herewith, executed by DISTRICT, as Trustor, to
1
Old Republic Title Company, as Trustee, and naming POST as Beneficiary, creating a
lien on certain real property, more particularly described therein, located in the
County of Santa Clara, State of California.
3. Junior Lien. The obligation of DISTRICT to POST hereunder, is and shall be junior
and subordinate to the "b4idpeninsula Regional Open Space District 1987 Negotiable
Promissory Notes", " b4idpeninsula Regional Open Space District Variable Rate
Demand Notes 1988 - Series A", 0 1990 Promissory Notes - Midpeninsula. Regional
Open Space District", "Nfidpeninsula Regional Open Space District 1995 Promissory
Notes", and any and all subsequent public note issues of DISTRICT (all of the Notes
listed in this paragraph and any and all subsequent public note issues of the
DISTRICT are collectively referred to as the "Public Note Issues"). Notwithstanding
the foregoing, the seniority of the Deed of Trust on the real property securing this
Note (as described in paragraph 2) shall not be subordinated to the Public Note
Issues.
4. Acceleration Upon Default. At the option of POST, the entire principal balance
together with all accrued interest thereon shall immediately become due and payable
upon the occurrence of any of the following (hereinafter referred to as an "Event of
Default"):
(a) default in the payment of principal or interest when due pursuant to the terms
hereof; or
(b) default in the performance of any obligation or covenant of the DISTRICT
contained herein, in the Deed of Trust, or in any other security agreement,
deed of trust or other agreement which may hereafter be executed by
DISTRICT for the purpose of securing this Note (including any amendment,
modification or extension of any of the foregoing instruments).
5. Acceleration Upon Transfer. In order to induce the holder hereof to make this loan
secured hereby, DISTRICT agrees not to transfer said real property or any portion
thereof or interest therein, without the prior written consent of the holder hereof.
Such holder may grant or deny such consent in its sole discretion and, if consent
should be given, any such transfer shall be subject to the Deed of Trust as above
mentioned, to be bound by all provisions contained therein. Such assumption shall
not, however, release DISTRICT from any liability under this note without the prior
written consent of the holder thereof. In the event of any such transfer without the
written consent of the holder hereof, said holder shall have the absolute right, at its
option, to accelerate and declare the entire principal balance and all accrued and
unpaid interest on this note, and all other sums secured hereby, immediately due and
payable. Consent to one such transaction shall not be deemed to be a waiver of the
right to require consent to future or successive transactions. Notwithstanding the
foregoing, the holder hereof agrees not to unreasonably withhold its consent to a
2
transfer of said real property to another public agency, provided that such public
agency has adequate resources, in holder's judgement, to meet the obligations of this
note in the same manner as if paid by the DISTRICT. As used herein, "transfer"
includes the sale, conveyance or other transfer of said real property, or any portion
thereof or interest therein, whether voluntary, involuntary, by operation of law or
otherwise.
6. POST's Delay. No delay or omission on the part of POST in exercising any right
under this Note or under any of the documents referred to in Section 2 shall operate
as a waiver of such right or of any other right of the holder hereof.
7. DISTRICI's Waivers. DISTRICT (and all guarantors, endorsers and other parties
now or hereafter becoming liable for the payment of this Note) hereby waives
diligence, presentment, protest, demand of payment, notice of protest, dishonor, and
non-payment of this Note, and other notice of any kind. DISTRICT expressly agrees
that, without in any way affecting the liability of maker hereunder, the holder hereof
may extend the maturity date or the time for payment of any amount due hereunder,
accept additional security, release any party liable hereunder, and release any security
now or hereafter securing this Note. DISTRICT further waives, to the full extent
permitted by law, the right to plead any and all statutes of limitation as a defense to
any demand on this Note, or on any deed of trust, security agreement, lease
agreement, guarantee or other agreement now or hereafter securing this Note.
8. Loss or Destruction. Upon receipt of evidence reasonably satisfactory to DISTRICT
of the loss, theft, destruction or mutilation of this Note, and in the case of any such
loss, theft, or destruction of this Note, upon delivery of an indemnity bond by the
holder hereof in such reasonable amount as DISTRICT may determine, or, in the case
of any such mutilation, upon surrender and cancellation of this Note, DISTRICT will
execute and deliver, in lieu thereof, a replacement note of like form, tenor and effect.
9. Law. This Note shall be governed by and construed in accordance with the laws of
the State of California.
10. Severance. Every provision of this Note is intended to be severable. In the event
any term or provision hereof is declared to be illegal or invalid for any reason
whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not
affect the balance of the terms and provisions hereof, which terms and provisions
shall remain binding and enforceable.
11. Waiver. Any waiver, express or implied, of any breach hereof or default hereunder
shall not be considered a waiver of any subsequent breach or default.
12. Section Heading,. Section headings are solely for the convenience of the parties and
are not a part of this Note.
3
13. Modification. No provision of this Note may be waived, modified or discharged
other than by an agreement in writing signed by the party against whom enforcement
of such waiver, modification or discharge is sought.
14. Assi ng ment. POST may assign this Note and the Deed of Trust upon obtaining the
prior written consent of DISTRICT, which consent will not be unreasonably withheld.
15. ExWnses. In the event of litigation or arbitration between the parties arising out of or
relating to this Note, the prevailing party will be entitled to recover court or
arbitration costs and reasonable fees of attorneys, accountants and expert witnesses
incurred by such party in connection with the action or arbitration, including such
costs and fees incurred because of any appeals. The prevailing party also shall be
entitled to recover all such costs and fees that may be incurred in enforcing any
judgment or award, and this provision shall not be merged into any judgment but shall
survive any judgment.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A Public District, by:
Director Director
Director Director
Director Director
Director
4
PURCHASE AGREEMENT
This Agreement is made and entered into by and between. RANCHO DE
GUADALUPE, Incorporated, a California Corporation, hereinafter
called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DIS-
TRICT, a Public District formed pursuant to Article 3 of Chapter
3 of Division 5 of the California Public Resources Code, -herein-
after called "District. "
WITNESSETH
WHEREAS, Seller is the owner of certain real property which has
open space and recreational value, located within an unincor-
porated 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 Cornish and Carey
by Raymond J. Smith, Broker Associate, on December 9, 1993,
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
Fourteen Hundred Sixty-four and Fifty-eight One-hundredths
(1464 .58) acres, more or less, and commonly referred to as Santa
Clara County Assessor's Parcel Numbers 537-10-05; 562-08-08; 562-
10-05, -06 and -07; 575-04-05 and -07; 575-05-01 and -02; 575-09-
08 and -11; said property being further described in the legal
description attached to Preliminary Report Number 398047-HJJ,
dated December 28, 1994, from Old Republic Title Company; said
report attached hereto as Exhibit "All and incorporated herein by
this reference, except that said Assessor's Parcel No. 575-04-05
is not included in said legal description and will be conveyed by
Quitclaim Deed. Said property to be conveyed together with any
Purchase Agreement Rancho de Guadalupe Page 2
easements, rights of way, or rights of use which may be
appurtenant or attributable to the aforesaid lands, and any and
all improvements attached or affixed thereto. 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 Seven Million and No/100
Dollars ($7, 000, 000. 00) , which shall be paid in cash at the
Closing (as defined in Section 3 hereof) .
3 . Escrow. Promptly upon execution of this Agreement, in
accordance with Section 12 herein, an escrow shall be opened at
Old Republic Title Company, 1900 The Alameda, San Jose, CA 95126,
Attn: Harry Jacobs, Escrow Officer, Special Projects, phone
number (408) 296-4500, 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 on or before May 26, 1995, 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 (and a recordable Quitclaim Deed for Assessor's Parcel
Number 575-04-05) ,
(d) District shall deposit into the escrow, on or
before the Closing:
Purchase Agreement Rancho de Guadalupe Page 3
(i) The required Certificate(s) of Acceptance for
the Grant Deed and Quitclaim 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 Seven Million No/100 Dollars ($7, 000, 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 Old Republic 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 $7 , 000, 000. 00 for the Property
showing title to the Property vested in fee simple in District,
subject only to: (i) current real property taxes, (ii) title
exceptions 11 through 19, and 22 shown in said Preliminary Report
(Exhibit A) , and (iii) such additional title exceptions as may be
approved in writing by District prior to the closing as
determined by District in its sole, absolute and unfettered
discretion, and (iv) the standard printed exceptions of the title
company issuing the policy of title insurance for this
transaction.
(g) Escrow Holder shall, when all required funds and
instruments have been deposited into the escrow by the appro-
priate parties and when all other conditions to Closing have been
fulfilled, cause the Grant Deed', Quitclaim Deed, and attendant
Certificate(s) 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 .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
Purchase Agreement Rancho de Guadalupe Page 4
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 Premises. 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. Condition Precedent.
(a) Seller and District acknowledge that Seller's
ability and obligation to enter into this Purchase Agreement and
to perform the transaction called for herein is contingent and
conditional upon the approval of this Purchase Agreement and this
transaction by May 12 , 1995 by an order of by the Superior Court
of California for the City and County of San Francisco via a
petition by the Special Administration for the Estate of Benigno
Toda, Jr. , Case Number 262626. Seller will proceed promptly and
use its best efforts to obtain said order.
(b) If the condition precedent set forth in this
Paragraph 6 fails to occur by May 12, 1995, District shall have
the option, but not the obligation, to agree in writing to extend
the May 12, 1995 deadline for up to 90 days in order to allow
Seller additional time to obtain said court order. In the event
of such an extension of time, the date for close of escrow shall
be extended for the same period of time. In the event the court
denies the petition of the Special Administrator by May 12 , 1995,
no extension of time by District may be granted. Absent such
order being granted by the time limits set forth herein, this
Agreement shall terminate and neither party to this Agreement
shall have further obligation hereunder to the other and the
escrow agent shall return to each party any funds or documents
delivered to Escrow Holder by such party.
Purchase Agreement Rancho de Guadalupe Page 5
7 . Seller's Representations and Warranties. For the
purpose of consummating the sale and purchase of the Property in
accordance herewith, Seller makes the following representations
and warranties to District, which shall survive close of escrow,
each of which is material and is being relied upon by Seller:
7 . 01 Authority. Subject to the approval of the San
Francisco Superior Court as set forth in Paragraph 6 herein,
Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
7 . 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. 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.
7 . 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 excep-
tions permitted under the express terms of Paragraph 3 hereof.
8. Integrity 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.
However, in the event of a natural disaster such as a fire or
flood, Seller may undertake activities necessary to protect
health and safety or to preserve the physical integrity of the
property.
9. Hazardous Substances. "Hazardous substance" as used
herein means and includes polychlorinated biphenyls (PCBs) ,
benzene, asbestos or any other substance the placement, storage
or removal of which is prohibited or regulated by federal, state
or local law.
(a) Seller warrants and represents that:
Purchase Agreement Rancho de Guadalupe Page 6
(i) During Seller ' s ownership of the Property
Seller has not placed or stored or knowingly allowed to be placed
or stored any hazardous substance on the Property.
(ii) Except as set forth in this Paragraph, Seller
has no knowledge of the presence on the Property of any hazardous
substance, whenever or however placed or stored.
(iii) Seller has not received oral or written
notice from any government authority concerning the presence,
release, deposit, or removal of any hazardous substance on the
Property.
(b) Within 5 days from the date the Purchase Agreement
is signed as recommended for approval by District's General
Manager, copies of all reports regarding the physical, geologic,
or environmental condition of the Property known to Seller's
current officers and current board of directors, Seller's real
estate agent, Raymond Smith, and Edward J. Reidy, Special
Administrator of the estate of Benigno P. Toda, in action No.
262626 San Francisco Superior Court will be delivered to District
for District's inspection and re
view. This shall include true
and complete copies of any reports concerning the presence of
hazardous waste (including PCBs) on the Property, and any
environmental audits, assessments, sampling or tests concerning
hazardous wastes on the Property.
(c) Seller has agreed to sell the Subject Property to
District for the Purchase Price herein because and only because
District has agreed to buy said Property in its present "as is"
physical condition and has made certain promises in connection
therewith. District shall have until April 26, 1995 within which
to complete any investigation or inspection of the Property
required by it to satisfy itself regarding any concerns District
may have related to the physical condition of the Property
including without limitation environmental, geologic, flood or
safety conditions (hereafter "physical condition") . District
shall have the right at all reasonable times to enter the
Property to conduct or have conducted any environmental, soils or
other physical studies or tests of the Property it desires to
conduct.
(d) If prior to April 26, 1995, District determines
that a cleanup, mitigation or remediation of a material nature of
the Property may be required, the District shall have the right,
prior to close of escrow, to terminate this Agreement.
Alternatively, District may request Seller to cure or remedy the
condition at issue. Seller will have the option, but not the
obligation, to remedy the condition to District' s satisfaction
within such period of time and upon such terms as are agreed to
Purchase Agreement Rancho de Guadalupe Page 7
by District. If Seller elects not to cure the condition, Seller
shall so notify the District in writing and will have the option
to terminate this Agreement.
(e) In the event District raises no such objections by
April 26, 1995 and proceeds to complete this transaction and
close escrow, this shall constitute and evidence District's
acceptance of the -physical condition and environmental safety of
the Property and shall further constitute a waiver and release,
as more fully set forth below, of any claims as against Seller
relating to the physical condition of the Property.
(f) In connection with District's inspection and
investigation of the Property, District should note that there
are situated on the Property certain Pacific Gas & Electric
("PG&E") power poles and transformers. Seller states that the
poles are dated 1967 and have been designated by PG&E as rotten.
District should satisfy itself regarding the condition of the
poles, the transformers, and any possible contamination
therefrom. District should also satisfy itself as to whether
PG&E has the obligation to replace the poles or transformers or
to clean up any possible contamination resulting therefrom.
(g) Other than contained in this Agreement, Seller
disclaims making any representations or warranties, express or
implied, regarding the Property or matters affecting the Property
including without limitation, the physical condition of the
Property, title to or the boundaries of the Property, pest
control matters, soil condition, geologic matters or flood
conditions, presence of asbestos, hazardous waste, toxic
substances including polychlorinated biphenyls (PCBS) or other
environmental matters, compliance with building, health, safety,
land use and zoning laws, regulations and orders or engineering
characteristics and all other information pertaining to the
Subject Property. By accepting and executing this Purchase
Agreement, District acknowledges that:
(1) District has entered into this Purchase
Agreement with intention of making and relying upon its own
investigation of the physical, environmental, and economic
condition of the Property.
(2) District is not relying upon Any statement,
representation or warranty other than those expressly set forth
in this Purchase Agreement made by the Seller or anyone acting or
claiming to act on Seller's behalf concerning the Property.
(3) Though District has received certain reports
from Seller, it is relying solely upon the advice of its own
engineering, environmental and other advisors in concluding the
purchase of the Property. Nothing in this Section shall
Purchase Agreement Rancho de Guadalupe Page 8
constitute a waiver of any rights Buyer may have by virtue of the
warranties and representations set forth herein by Seller.
(4) Except where such reports or portions of
reports contain information called for in Paragraph 9 (b) , herein,
Seller may not have disclosed and does not intent to disclose to
District any appraisals or financial or economic projections made
with respect to the Subject Property, whether such appraisals or
projections were prepared by the Seller or independent
consultants or third parties.
(5) District is relying on its own knowledge,
appraisals and projections in evaluating this transaction.
District assumes the risk that adverse physical, environmental,
or economic conditions may not have been revealed by their own
investigation of the Property.
(6) Effective as of close of escrow, District for
itself, partners, agents and successors or assigns hereby
releases and forever discharges Seller, its officers, directors,
assigns, agents, affiliates, executors, administrators,
successors, beneficiaries, accountants, and attorneys from all
rights, claims and demands at law or in equity, whether known or
unknown at the time of this Purchase Agreement which District has
or may have in the future arising out of the physical,
environmental, or economic condition of the Subject Property.
only in the event Buyer in the future determines to sell all or a
portion of the Property to a private third party for purposes of
development, Buyer agrees to indemnify Sellers and its officers,
directors, assigns, agents, affiliates, executors,
administrators, successors, beneficiaries, accountants, and
attorneys against and hold them harmless from all losses,
damages, liabilities, costs and expenses incurred by Seller,
including legal fees, arising out of or related to the presence
of hazardous substances only on that portion of the Property sold
by Buyer for development.
(7) District further acknowledges that it has
carefully reviewed this release provision and discussed its
import with legal counsel and that such release provision is a
material part of this Purchase Agreement.
(h) As used in this Section, "known" --or "knowledge"
shall refer to matters within the knowledge of the current
corporate officers, directors and property managers of Seller,
after best efforts to investigate reasonably available corporate
records.
10. waiver of Statutory 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
Purchase Agreement Rancho de Guadalupe Page 9
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.
11. Miscellaneous Provisions.
11. 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.
11. 02 Attorneys Fees. If either party hereto incurs
any expense, including reasonable attorneys' fees, in connection
with any action or proceeding instituted by reason of any default
or alleged default of the other party hereunder, the party
prevailing in such action or proceeding shall be entitled to
recover from the other party reasonable expenses and attorneys'
fees in the amount determined by the Court, whether or not such
action or proceeding goes to final judgment. In the event of a
settlement or final judgment in which neither party is awarded
all of the relief prayed for, the prevailing party as determined
by the Court shall be entitled to recover from the other party
reasonable expenses and attorneys' fees.
11. 03 Amendment and Waiver. The parties hereto may by
mutual written agreement amend this Agreement in any respect.
Any party hereto may: (i) extend the time for the performance of
any of the obligations of the other party; (ii) waive any
inaccuracies in representations and warranties made by the other
party contained in this Agreement or in any documents delivered
pursuant hereto; (iii) waive compliance by the other party with
any of the covenants contained in this Agreement or the perfor-
mance of any obligations of the other party; or (iv) waive the
fulfillment of any condition that is precedent to the performance
by such party of any of its obligations under this Agreement.
Any agreement on the part of any party for any such amendment,
extension or waiver must be in writing.
11. 04 Rights Cumulative. Each and all of the various
rights, powers and remedies of the parties shall be considered to
be cumulative with and in addition to any other rights, powers
and remedies which the parties may have at law or in equity in
the event of the breach of any of the terms of this Agreement.
Purchase Agreement Rancho de Guadalupe Page 10
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.
11. 05 Notices. Whenever any party hereto desires or
is required to give any notice, demand, or request with respect
to this Agreement (or any Exhibit hereto) , each such
communication shall be in writing and shall be deemed to have
been validly served, given or delivered at the time stated below
if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if
delivered by Federal Express or other private messenger, courier
or other delivery service or sent by facsimile transmission,
telex, telecopy, telegraph, cable or other similar electronic
medium, addressed as indicated as follows:
Seller: Rancho de Guadalupe, Inc.
c/o Edward J. Reidy,
Special Administrator
585 Magellan Avenue
San Francisco, CA 94116
(415) 665-8307
FAX (415)
Copy to: Charlene Haught Johnson, Esq.
Hallisey & Johnson
300 Montgomery Street, Suite 538
San Francisco, CA 94104
(415) 433-5300
FAX (415) 433-5342
Copy to: Cornish & Carey
1550 So. Bascom Avenue, Suite 190
Campbell, CA 95008
Attn: Raymond J. Smith
(408) 559-0303
FAX (408) 377-9899
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton,
General Manager
(415) 691-1200
FAX (415) 691-0485
Purchase Agreement Rancho de Guadalupe Page 11
Copy To: Susan Schectman, Esq.
Midpeninsula Regional Open Space
District
330 Distel Circle
Los Altos, CA 94022
(415) 691-1200
FAX (415) 691-0485
If sent by Federal Express or other private messenger, courier or
other delivery service or sent by facsimile transmission, telex,
telecopy, telegraph, cable or other similar electronic medium, a
conformed copy of such notice shall be sent by mail (in the
manner provided above) to the addressee. service of any such
communication ication made only by mail shall be deemed complete on the
date of actual delivery as indicated by the addressee's registry
or certification receipt or at the expiration of the third (3rd)
business day after the date of mailing, whichever is earlier in
time. Any party may change its address for such communications
by giving notice thereof to the other parties in conformity with
this Section. Nothing contained in this Section or otherwise in
this Agreement shall excuse any party from giving oral telephonic
notice when prompt notification is appropriate, but any oral
telephonic notice which is so given shall not satisfy the
requirement of written notice as specified in this Section. The
foregoing provisions regarding the giving of notice by any party
shall be applicable to all notices given hereunder or under any
of the Exhibits hereto.
11. 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 unenforce-
able provisions.
11.07 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 instru-
ment.
11.08 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
Purchase Agreement Rancho de Guadalupe Page 12
condition or as a waiver of any other term, provision or condi-
tion of this Agreement.
11. 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.
11. 10 Time of Essence. Time is of the essence of each
provision of this Agreement in which time is an element.
11. 11 Survival of Covenants. All covenants of
District or Seller which are expressly intended hereunder to be
performed in whole or in part after the Closing, and all repre-
sentations 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.
11. 12 Assignment. Except as expressly permitted
herein, neither party to this Agreement shall assign its rights
or obligations under this Agreement to any third party without
the prior written approval of the other party.
11. 13 Further Documents and Acts. Each of the parties
hereto agrees to execute and deliver such further documents and
perform such other acts as may be reasonably necessary or
appropriate to consummate and carry into effect the transactions
described and contemplated under this Agreement.
11. 14 Binding on Successors and Assigns. This
Agreement and all of its terms, conditions and covenants are
intended to be fully effective and binding, to the extent
permitted by law, on the successors and permitted assigns of the
parties hereto.
11. 15 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.
11. 16 Commissions. District acknowledges that Seller
is represented by a California Licensed Real Estate Broker,
Cornish & Carey, 1550 So. Bascom Avenue, Suite 190; Campbell, CA
95008 under that certain "Exclusive Authorization and Right to
Sell" Agreement dated December 9 , 1993 , and further, each of the
parties hereto agrees to pay their own costs of attorneys,
Purchase Agreement Rancho de Guadalupe Page 13
brokers, consultants or other persons retained by them in
connection with this transaction. Each party agrees to and does
hereby indemnify and hold the other 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 the indemnifying party in connection
with this transaction.
11. 17 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.
12 . Acceptance. This real property Purchase Agreement
and the exhibits hereto have been prepared at District's expense
and in consideration of District's efforts and expense in such
regard, Seller agrees to the following acceptance procedure so as
to accommodate District' s approval process in connection with the
acquisition of the Subject Property. Seller agrees that District
has provided sufficient consideration for the irrevocable offer
provided herein, such firm offer period being necessary for
District's approval process as a governmental agency. This
Purchase Agreement must be executed and delivered to District by
Seller on or before February 28, 1995. In the event of Seller's
compliance with the foregoing sentence, District shall have
through April 26, 1995, to accept and execute this real property
Purchase Agreement and, except as set forth in Paragraph 13,
during said period this Agreement shall constitute an irrevocable
offer by Seller to sell and convey to District the Subject
Property described herein for the consideration and under the
terms and conditions herein set forth. Provided that this
Agreement is accepted and executed by District, this transaction
shall close in accordance with the terms and conditions set forth
herein.
13 . Other Offers. Seller reserves the right to continue to
offer the Subject Property for sale and accept any other offer
acceptable to Seller at any time prior to the date of mailing or
facsimile transmission by District to the office of Charlene
Haught Johnson, Esq. , Seller's attorney, of a copy of this
Purchase Agreement signed by L. Craig Britton as "Recommended for
Approval" and signed by Susan Schectman as "Approved as to Form" .
Seller acknowledges that such signatures will not constitute
acceptance of this Agreement by the District.
THE BALANCE OF THIS PAGE HAS BEEN LEFT
BLANK INTENTIONALLY
Purchase Agreement Rancho de Guadalupe Page 14
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 RANCHO DE GUADALUPE,
SPACE DISTRICT INCORPORATED, A CALIFORNIA
CORPORATION
APPROVED AS TO FORM:
By:
Susan Schectman
District Counsel
Date:
REC DED FOR APPROVAL- By: ED %RD J. REIDY, SPECIAL ADMINISTRATOR
OF THE ESTATE OF BENIGNO P. TODA, JR. , SOLE
SHAREHOLDER OF CHO DE GUADALUPE , INC.
L. Craig Britton
General Manager Date:
APPROVED AND ACCEPTED:
I
President, Board of Directors
Date:
ATTEST:
District Clerk
Date:
Purchase Agreement Rancho de Guadalupe Page 14
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 RANCHO DE GUADALUPE,
SPACE DISTRICT INCORPORATED, A CALIFORNIA
CORPORATION
APPROVED AS TO FORM:
By:
Su
san Schectman
District Counsel ✓- cc / -,r�rL
Date:
REC ENDED FOR APPROVAL: By: Edward J. Reidy, Special Administrator
of the Estate of Benign P. Zbda, Jr. , Sole
Shareholder f'Rancho de Guadalupe, Inc.
L. Craig Britton
General Manager Date:
APPROVED AND ACCEPTED:
President, Board of Directors
Date:
ATTEST:
District Clerk
Date:
AMENDMENT TO PURCHASE AGREEMENT
This amendment to Purchase Agreement is entered into as of April 26, 1995 by and between
Rancho de Guadalupe, Incorporated, a California corporation, (hereinafter called "Seller")
and the Midpeninsula Regional Open Space District, a public district organized under the
1 "District").
laws of the State of California (hereinafter called
1. Seller and District previously entered into a Purchase Agreement dated March 2, 1995
by the terms of which the Subject Property referred to therein was to be purchased by
District.
2. District desires additional time to conduct and complete an investigation of the
physical, environmental and geologic condition of the Subject Property. Seller desires
to grant District such additional time.
3. Now, therefore, it is mutually agreed that the Purchase Agreement is hereby amended
as follows. In all other regards, the Purchase Agreement is unmodified and
unchanged.
Paragraph 3(a): The date provided for the close of escrow shall be extended
to June 24, 1995.
Paragraph 9(c): The date provided within which the District must complete its
investigation of the Property shall be extended to May 24, 1995.
Paragraph 9(d) and 9(e): The dates provided within which the District may
exercise its rights thereunder are likewise extended to May 24, 1995.
Paragraph 12: The date by which the District may accept and execute this
Agreement is extended to May 24, 1995.
MIDPENINSULA REGIONAL OPEN RANCHO DE GUADALUPE, INC.
SPACE DISTRICT
Charlene Johnson, Es . on behalf of
Susan Schectman, District Counsel Edward Reidy, Sped Administrator of
the Estate of Benigno Toda Jr., Sole
Shareholder
Date (%-� I ' I titi
Date
f
f00Qj [T629 ON YH/Y11 CZ=91 NOT 6/i0/90
page 2
Amendment to Purchase Agreement
April 26, 1995
c
Edward Reidy, &--Special Admini r
of the Estate of Benigno Toda Jr., S e
Shareholder
5� �
Date
Donald Osborn Vice President Rancho
de Guadalupe, Inc.
Y� 1 , la9S
Date
b 30Vd Zbesee bS I b °Q I NOSNHor ONtt A3S I'I'IVH -HOHA 0Z°Z t SS-I 0-AVW
i
cool,_ LtTLS ON Y-8/111 ft=9T i-M 6/ST/SO
SECOND AMENDMENT TO PURCHASE AGREEMENT
This amendment to Purchase Agreement is entered into as of May 24, 1995 by and between
Rancho de Guadalupe, Incorporated, a California corporation, (hereinafter called "Seller")
and the Midpeninsula Regional Open Space District, a public district organized under the
laws of the State of California (hereinafter called "District").
1. Seller and District previously entered into a Purchase Agreement dated March 2, 1995
by the terms of which the Subject Property referred to therein was to be purchased by
District and entered into an Amendment to Purchase Agreement dated April 26, 1995.
2. District desires additional time to conduct and complete an investigation of the
physical, environmental and geologic condition of the Subject Property. Seller desires
to grant District such additional time.
3. Now, therefore, it is mutually agreed that the Purchase Agreement is hereby amended
as follows. In all other regards, the Purchase Agreement is unmodified and
unchanged.
Paragraph 3(a): The date provided for the close of escrow shall be extended
to June 30, 1995.
Paragraph 9(c): The date provided within which the District must complete its
investigation of the Property shall be extended to June 16, 1995.
Paragraph 9(d) and 9(e): The dates provided within which the District may
exercise its rights thereunder are likewise extended to June 16, 1995.
Paragraph 12: The date by which the District may accept and execute this
Agreement is extended to June 28, 1995.
MIDPENINSULA REGIONAL OPEN CHO DE GUADALUPE, INC.
SPACE DISTRICT
Charlene Johnson, Esq., o half of
Susan Schectman, District Counsel Edward Reidy, Special AcYGMistrator of
the Estate of Benigno Toda Jr., Sole
Shareholder
May 17 1295
Date (� J 49 5
Date
e Howd ZbESCC bS I b =O I NOSNHOr dNV A3S I" -1VH .bl0ald I b=Z I S6-e�-Avw
voo[j, [rTLS ON YH/YZ1 fV=9T IIHZ '/8T/90
Amendment to Purchase Agreement Page 3
Edward Reidy, Jt. S. ial Adminis for
of the Estate of Benign Toda Jr., S le
Shareholder
Date
Donald Osborn , Vice President Rancho
de Guadalupe, Inc.
Date
b 39`dd ZbeSee bS I b 'Q I NOSNHOr QNV A3S I 17VH 'NOMA I b'Z t SS-e I-AVW
(*�` OLD REPUBLIC TITLE COMPANY
1900 THE ALAMEDA . SAN JOSE, CALIFORNIA - 95126 - (408) 296-4500
PRELIMINARY REPORT UPDATE—B
Issued for the sole use of: Our Order No. 398047—HJJ
Cornish & Carey Reference
1550 S. Bascom Avenue, #190
Campbell, California When Replying Please Contact:
Attention: Ray Smith Harry Jacobs
Property Address:
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies 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 below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in
Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which
issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of
matters which are not covered under the terms of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
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.
Dated as of December 28th 19 94 , at 7:30 A.M.
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to,See Attached EXHIBIT
Page f
Page
ORT 3157-A (Rev. 1-1-95)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 398047-HJJ
UPDATE-B
The form of policy of title insurance contemplated by this report is:
a CLTA Standard Coverage - 1990, Owner's Policy; AND an ALTA Loan Policy - 1970 (Rev. 1992)
with ALTA Endorsement Form 1 Coverage, OR, an ALTA Loan Policy - 1992 with ALTA Endorsement
Form 1 Coverage. A specific request should be made if another form or additional coverage
is desired.
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:
RANCHO DE GUADALUPE, Incorporated, a California corporation
i
EXHIBIT
Page 2 �Of
Page
f
r ' herein is situated in the State
The land
. e _ e. red to
ed a
ount of Santa Clara, (and is desc
ribed s
of
California,
Y
follows )
PARCEL ONE :
BEGINNING at a point on the Section line common to Section
25 , Township 8 South, Range 1 hest , M. D.B . & II . and Section
30, Township 8 South, Range 1 East, M.D.B. & M . , distant
thereon North 0° 08 ' 00" East 260 .51 feet from the quarter
section corner common to said Sections 25 and 30; thence
from said point of beginning, and leaving said Section line
North 880 29 ' 10" East 159 .40 feet to a point; thence along
the arc of a curve to the right, from a tangent which bears
South 210 50' 54" West with a radius of 90 .00 feet through a
central angle of 100 01 ' 02" for an are distance of 15 .74
feet to a point ; thence South 31' 51 ' 56" West 10 .35 feet to
the beginning of a tangent curve to the right; thence along
last said curve with a radius of 90 .00 feet through a
central angle of 451 4C ' 58" for an arc distance of 71 .76
feet to a point ; thence South 77' 32 ' 54" West 6 .67 feet to
the beginning of a tangent curve to the left; thence along
last said curve with a radius of 7 .00 feet, through a
central angle of 1480 20 ' 26" for an arc distance of 18 .12
feet ; thence South 700 47 ' 32" East 37 .30 feet to the
beginning of a tangent curve to the left; thence along last
said curve with a radius of 60 .00 feet through a central
�
r _ .
�11 to a
'" ' c for an are distance o� 4.� .36 1CC1..
4 �" 1 0
angle of j° y
0 int • thence North 650 53 ' 26" East 54 .06 feet to the
p
beginning of a tangent curve to the right; thence along last
�, a central ntral
through said curve with a radius of 9a .00 feet, t g
angle of 36' 52 ' 14" for an arc distance of 57 .92 feet to a
point ; thence South 771 14 ' 20" East 54 .74 feet to the
beginning of a tangent curve to the left; thence along last
said curve with a radius of 185 .00 feet through a central
angle of 80 32' 40" for an arc distance of 27 .59 feet to a
point; thence South 850 47 ' 00" East 120 .35 feet to the
beginning of a tangent curve to the right; thence along last
said curve with a radius of 135 .00 feet through a central
angle of 1051 22 ' 13" for an arc distance of 248 .27 feet to
a point ; thence South 19' 35 ' 13" West 15 .78 feet to the
beginning of a tangent curve to the left; thence along last
said curve with a radius of 45 .00 feet through a central
angle of 102° 56 ' 22" for an are distance of 80.85 feet to a
point ; thence South 830 21 ' 09" East 52.53 feet to the
beginning of a tangent curve to the right; thence along last
said curve with a radius of 85 .00 feet through a central
angle of 35' 53' 57" for an arc distance of 53.26 feet to a
point ; thence South 470 27 ' 12" East 44 .68 feet to the
beginning of a tangent curve to the left; thence along last
said curve with a radius of 30 .00 feet through a central
angle of 670 23' 01" for an arc distance of 35 .28 feet to a
point ; thence North 650 09 ' 47" East 77 .40 feet to the
beginning of a tangent curve to the left; thence along last
said curve with a radius of 60 .00 feet, through a central
angle of 140 37 ' 51 " for an arc distance of 15 .32 feet to a
point ; thence North 50' 31 ' 56" East 140 .22 feet to the
beginning of a tangent curve to the right; thence along last
EXHIBIT
f
Page o
last said curve with a radius of 265 .00 feet through a
central angle of 81 27 ' 43" for an arc distance of 39 .14 feet
to a point ; thence North 58' 59 ' 39" East 42 . 33 feet to the
beginning
ng of a tangent curve to she right ;
ht • thence
along last
said curve with a radius of 145 . 00 feet, through a central
angle of 101' 00 ' 01" for an are distance of 255 .60 feet to
a point ; thence South 20' 00 ' 20" East 84 .92 feet to the
beginning of a tangent curve to the right; thence along last
said curve with a radius of 90 . 00 feet through a central
angle of 16' 00 ' 56" for an arc distance of 25 .16 feet to a
point ; thence South 30 59 ' 24" East 58 .20 feet to the
beginning of a tangent curve to the left; thence along last
said curve with a radius of 35 .00 feet through a central
angle of 39° 21 ( 29" For an are distance of 24 .04 feet to a
point ; thence South 431 20 ' 53" East 59 .55 feet to the
beginning of a tangent curve to the right; thence along last
said curve with a radius of 65 .00 feet through a central
angle of 19' 14 ' 42" for an are distance of 21 .83 feet to a
co_nt ; thencc `'c-•th 24° r6 ' 11" East 75 . 21 feet tc the
beginning of a~tangent curve to the left; thence along last
curve with a ra::ius of 35 .00 feet through a central angle of
360 56 ' 15" for an arc distance of 22 .56 feet to a point;
thence South 611 02 ' 26" East 148 . 45 feet to the beginning
of a tangent curve to the left; thence along last said curve
with a radius of 60 .00 feet , through a central angle of 40
17 ' 09" for an arc distance of 4 .49 feet to a point ; thence
South 65' 19 ' 35" East 108 . 48 feet to the beginning of a
tangent curve to the left ; thence along last said curve with
a radius of 60 .00 feet through a central angle of 210 14 '
21" for an arc distance of 22 . 24 feet to a point; thence
South 860 33 ' S6" East 53 .98 feet to the beginning of a
tangent curve to the right; thence along last said curve
with a radius of 65 .00 feet through a central angle of 650
01 ' 53" for an arc distance of 73 .77 feet to a point; thence
South 210 32' 03" East 40 .13 feet to the beginning of a
tangent curve to the right; thence along last said curve
witi, a radius of ES .CU feet through a centra'_ angle of 210
23 ' 42" for an arc distance of 24 .27 feet to a point; thence
South 00 08 ' 21" East 126 .07 feet to the beginning of a
tangent curve to the left; thence along last said curve with
a radius of 35 .00 feet through a central angle of 100 10 '
54" for an arc distance of 6 .22 feet to a point; thence
South 101 19 ' 15" East 128 . 58 feet to the beginning of a
tangent curve to the right ; thence along last said curve
with a radius of 90 .00 feet through a central angle of 50
07 ' 27" for an arc distance of 8 .05 feet to a'- point; thence
South 5° 11 ' 48" East 104 .94 feet to the beginning of a
tangent curve to the left ; thence along last said curve with
a radius of 35 .00 feet through a central angle of 36° 29 '
26" for an arc distance of 22 .29 feet to a point; thence
South 410 41 ' 14" East 53 .42 feet to the beginning of a
tangent curve to the left ; thence along last said curve with
a radius of 35 .00 feet through a central angle of 231 20'
28" for an arc distance of 14 .26 feet to a point;
EXHIBIT
Page 4-Of 34,
thence South 650 O1 ' 42" East 45 .04 feet to the beginning of
a tangent curve to the left ; thence along last said curve
with a radius cf 60 . 00 feet through a central angle of 18'
53 ' 46" for an arc distance of 19 .79 feet to a point ; thence
South 830 55 ' 28" East 108 . 86 feet to the beginning of a
tangent curve to the right ; thence along last said curve
with a radius of 90 .00 feet , through a central angle of 160
41 ' 41" for an are distance of 26 .22 feet to a point; thence
South 67' 13 ' 47" East 70 .53 feet to a point ; thence North
420 55 ' 02" East 195 . 64 feet to a point; thence North 810
34 ' 23" East 300 .24 feet to a point ; thence South 730 49 '
56" East 247 .80 feet to an point ; thence South 31 43 ' 53"
East 230 .49 feet to a point ; thence South 4° 05 ' 08" West
140 . 36 feet to a point ; thence South 48' 30 ' 13" West 173 . 56
feet to a point ; thence South 810 52' 12" West 70 .71 feet to
a point ; thence South 180 551 2911 West 85 .75 feet to a
point ; thence South 55' 54 ' 00" East 921 .40 feet to a point
on the general Easterly line of that certain parcel of land
described irr fror:, Jai::es Rolpi, III, et ux , tc Alpha
Land Company, a California corporation, dated February 13,
1964 recorded in the Office of the Recorder of the County of
Santa Clara, State of California, on February 13, 1964 in
n the
official Records page 114 ; thence along Book 6383 of Offic p g
general Easterly line of said land deeded to Alpha Land
Company , North 1C° 15 ' 00" West 634 .61 feet and South 550
54 ' 00" East 1118 .63 feet to a point at the Southernmost
corner of that certain parcel of land described in the Deed
from the Board of Commissioners of the Funded Debt of the
City of San Jose to A . Pfister dated July 10, 1865 and
recorded August 12, 1865 in Book "U" of Deeds , page 26;
thence from said point up the center of said flicks Creek and
following along the Westerly boundary line of that certain
tract of land described in the Deed from Mayor of the City
of San Jose for and on behalf of the Mayor and
the Common Council of the City of San Jose to Nathaniel
Skuse dated November 16, 1867 and recorded April 24, 1875 in
Book 10 of Deeds, page 554, Southerly about 12 1/2 chains to
a point formerly the Westerly extremity of the Southerly
boundary line of said tract of land described in the Deed to
Skuse , hereinabove referred to ; thence leaving said creek
and along said Southerly boundary line of said lands of
Skuse, South 740 15 ' 00" East to the point of intersection
thereof with the center line of a private road leaving to
the lands now or formerly of Le Deit , said center line being
along the high bank of said Hicks Creek , said. center line
also being the Westerly line of that certain parcel of land
described in the Deed from James Rolph III, et ux, to Dario
J . Amerio, et al , dated November 1 , 1958 and recorded
November 12, 1958 in Book 4227 of Official Records , page
379 ; said same centerline being also in and along the
Westerly line of that certain parcel of land delineated as
Parcel No . 3 on the Map of the "Record of Survey being part
of Pueblo Tract ^:c . 3" which Map was recorded in Book 157 of
Maps , page 36, Records of said Santa Clara County;
EXHIBIT
pageof
thence along said center line the following courses and
distances ; North 700 56 ' 38" East 33 .74 feet ; North 240 00 '
28" West 150 . 43 feet ; North 17° 07 ' 21" East 139 .57 feet,
North 120 59 ' 07" West 105 . 44 feet, North 150 42' 42" East
89 . 70 feet, North 550 15 ' 15" East 114 .26 feet, North 250
19 ' 01" East 168 . 84 feet North 561 26 ' 12" East 93 .47 feet
North 7° 31 ' 50" East 105 .03 feet , North 370 45 ' 04" East
124 .19 feet, North 241 16 ' 33" East 163.18 feet , North 400
59 ' 30" East 239 .61 feet , North 48° 52' 36" East 181 .76 feet
and North 50 13 ' 07" East 66 .09 feet to the centerline of
Reynolds Road ; thence Northerly along said centerline of
Reynolds Road , North 190 41 ' 59" East 120 .45 feet and North
510 34 ' 59" East 400 .89 feet to the point at the Northwesterly
corner of said parcel of land so conveyed to Amerio et al,
in the centerline of Hicks Road; thence along said centerline
of Hicks Road, being the Northerly line of said parcel of
land so conveyed to Amerio, et al , South 580 37 ' 41" East
27 . 33 feet, Souti, 7Z° 38 ' 01" East 309 .54 feet, South 67°
08 ' 01 " East 378 .84 feet , North 890 06 ' 59" East 246 .18
feet , Soutli 680 53 ' 01" East 95 .04 feet and South 670 08 '
01" East 64 .15 feet to the intersection thereof with the
Westerly line of that certain parcel of land described in
the Deed to the La i•largaretta Mining Company , recorded May
26 , 1909 and filed in Book 348 of Deeds, page 84, Records of
said Santa Clara County ; thence Northerly along said Westerly
line of saki parcel so conveyed to La Margaretta Mining
Company , North 231 25 ' 32" East 56 .86 feet to the centerline
of Arroyo Seco de los Capitancillos ; thence Westerly along
said center line of Arroyo Seco de los Capitancillos, North
711 45 ' 00" West 199 . 78 feet South 880 49' 00" West 165 .00
feet North 67° 00' 00" West 1143 .12 feet to the most Southerly
corner of that certain 2 .57 acre tract of land conveyed by
John D. MacKenzie to Andrew S. MacKenzie, et al, by Deed
dated December 23, 1904 and recorded January 6 , 1917 in
Volume 452 of Deeds , page 89, Records of said Santa Clara
County; thence leaving said centerline of Arroyo Seco de los
Capitancillos and running along the Southerly line of said
2 .57 acre tract of land North 761 57 ' 12" West 157 .48 feet
to the Southwesterly corner thereof; thence along the
Westerly lines of said 2 .57 acre tract of land North 50 40'
00" East 198 .00 feet to a point on the general Northerly
lire of said land deeded to Alpha Land Company, hereinabove
referred to; thence along the general Northerly line of said
land deeded to Alpha Land Company, the following courses and
distances : North 39° 30 ' 00" West 411 .14 feet; South 830 16 '
55" West 216 .08 feet, North 69° 11 ' 38" West 194 .59 feet;
North 480 59 ' 56" West 327 .97 feet, North 641 14 ' 22" West
481 . 34 feet; North 90 02' 37" West 372 .26 feet, North 420
31 ' 03" West 208 .10 feet , North 621 45 ' 55" West 413 .63
feet , North 23° 42' 28" West 304 .07 feet , North 481 10 ' 18"
West 322 •56 feet, South 891 17 ' 10" West 321 .54 feet, South
540 08 ' 14" West 278 .32 feet, North 470 34 ' 45" West 447 .17
feet , North 490 35 ' 02" West 405 .50 feet and North 320 13 '
06" West 159 . 72 feet to a point;
EXHIBIT
Page of
thence leaving the general Northerly line of said land
deeded to Alpha Land Company South 69' 311 40" West 64 . 41
feet to a point ; thence South 90 311 25" East 174 -52 feet to
a point ; thence South 210 10 ' 561, West 29 .82 feet to the
beginning of a tangent curve to the right, thence along last
said curve with a radius of 220 . 00 feet through a central
angle of 57' 55 ' 58" for an arc distance of 222.44 feet to a
point ; thence South 790 06 ' 54" West 113 . 23 feet to the
beginning of a tangent curve to the right; thence along last
said curve with a radius of 220 .00 feet , through a central
angle of 280 45 ' 4511 for an are distance of 110 .44 feet to a
point ; thence North 721 071 21" West 183 . 23 feet to the
beginning of a tangent curve to the left; thence along last
sai� curve with a radius of 180 . 00 feet, through a central
angle of 59' 19 ' 05" for an arc distance of 186 .35 feet to a
point ; thence North 331 201 4011 West 311 -93 feet to a point ;
1C,hence -.' 0 4 "" 141, 4-nl*�t 24C .1E feet to a point on the
line common to Section 25, Township 8 South, Range 1 West,
E . L-I .B . & M . , and Section 30, Township 8 South, Range 1 East ,
M .D.B. & M . , distant thereon South 0' 081 0011 West 1063 .92
feet from the Northerly common corner thereof; thence along
the line common to said Sections 25 and 30, South 01 08 , ocit
West , 1400 -05 feet to the point of beginning .
EXCEPTINIG THERF-Ki: that certain strip of land or road which
runs along the Westerly side of Arroyo Seco and which was
conveyed by the City of San Jose to the County of Santa
Clara, by Deed dated August 19 , 1867 and recorded in said
County Recorders Office of said last named day in Volume "W"
of Deeds , page 401 , and by deed dated November 6, 1867 and
recorded in Volume "W" of Deeds , page 501 .
ALSO EXCEPTING THERE:'FROMI the interest granted in the Deed
from Jessie S . Gregory , Harry S . Young, R.G. Hudson, Bert F.
Rabii,ov,i'U4, ai,U' 1.,att Wah;-haftig, to County of Santa Clara, a
body politic and corporate and a political subdivision of
the State of California dated December 21 , 1939 and recorded
January 3 , 1940 in Book 961 of Official Records , page
461 .
ALSO EXCEPTING THEREFROM the interest granted in the Deed
from Jessie S . Gregory, Harry S . Young, R.G. Hudson, Bert F.
Rabinowitz and Matt Wah.-hafting to County of Santa Clara, a
body politic and corporate and a political sub-division of
the State of California dated December 21 , 1939 and recorded
January 3 , 1940 in Book 961 of Official Records , page
463 .
EXHIBIT
Page :7—of
PARCEL TWO:
BEGINNING at the corner common to Sections 19 and 30, T. 8
S . , R . 1 E . , M .D.B . & M . , and Sections 24 and 25, T. 8 S . ,
R . 1 W . M .D. B . & M . • thence from said point of beginning
,
along the Westerly or Southwesterly boundary line of Lot 39
( the said Lot 39, together with Lot 40 in Township 8 South,
Range 1 West, M.D.B . & M. , comprising that portion of the
Rancho Canada de los Capitancillos , which was finally
confirmed to Guadalupe Mining Company and which was granted
and conveyed to said Guadalupe Mining Company by United
States Patent dated September 20, 1871 and recorded October
12, 1871 in Volume "E" of Patents , at page 31 , to which said
patent and the record thereof reference is hereby made for a
more particular description of said Lot 39) , South 34° 00'
00" East 111 .54 feet, South 15' 15 ' 00" East 297 .00 feet,
and South 60' 00 ' Oc" East 52 . 80 feet tc the North;•;esterly
corner of the tract of land granted and conveyed by the
United States of America to Jamnes V. Coleman, et al , by
Patent dated March 18, 1901 recorded March 29, 1901 in
Volume "G" of Patents , at page 1 said Northwesterly corner
being the True Point of Beginning of the parcel of land
herein described, thence from said True Point of Beginning,
leaving said boundary line of said Lot 39, and running along
the Westerly boundary line of said tract of land conveyed by
and described in said last mentioned patent, the following
courses and distances , to wit :
South 17' 15 ' C0" West (at 60.72 feet crossing the center of
bridge ) 377 .52 feet , South 220 15 ' 00" East 118 .14 feet
South 30'
00 ' 00" West 229 .68 feet to a point in the Mt .
Diablo Mer
idian from which said corner commo
n to Sections
19 , 30 and 24 and 25 bears North 0° 08 ' 00" East, 1063 .92
feet ; thence leaving said patent line and running along said
Neridian, South 0^ Oc ' 00" West, 1660 .56 feet to the quarter^
section corner between Section 25 in T. 8 S . , R. 1 W. , and
Section 30 in T. 8 S . , R. 1 E . ; thence along the quarter
section line running East and West through said Section 25,
South 88' 36' 00" West 1273 .14 feet to a point in .the
center of a creek, being also in the Westerly boundary line
of said tract of land patented as aforesaid ; thence along
said Westerly line , South 330 30' 00" West 602 .58 feet,
South 18' 30' 00" East 427 .68 feet, South 40 00' 00" West
673 .86 feet South 511 00' 00" East 306 .24 feet, South 41
30 ' 00" East , 190 .08 feet , South 370 00 ' 00" West 578 .82 feet,
ECM 11
Pageof
South 40 30 ' 00" West (at 290 .4 feet crossing the Section
line between Sections 25 and 36 , T. 8 S . , R . 1 W. ) 1124 .64
feet , South 29° 30 ' 00" West 1329 .90 feet, South 20° 30' 00"
West 1056 .00 feet South 80 00 ' 00" West , 274 .56 feet, South
290 00 ' 00" West 475 .20 feet , South 61 00' 00" West 412. 50
feet and South 290 30' 00" West 718 . 74 feet to the Southwest
corner of said tract of land conveyed by the United States
Patent to said James V. Coleman, et al , at which corner
there was formerly set an old post marked "G Nol . 3" ; thence
leaving the Westerly boundary line of said last mentioned
tract of land and running on and along the Southerly boundary
line thereof, South 46' 00 ' 00" East (at 1056 feet intersect-
ing and crossing the Township line between Townships 8 and 9
South Range 1 West) 3498 .00 feet to the most Southerly
corner of said last mentioned tract of land at which was
formerly set an oak post marked "G No . 411 ; thence on and
along the Easterly boundary line of said tract of land
conveyed by the United States of America to said James V.
Coleman, et al , in and by the patent aforesaid the following
courses and distances , to wit: North 120 30' 00" East 198 .00
feet , Norte 3° 00 ' 00" Fa -t 1148 . 40 f --t , North 240 30 ' 00"
East (at 374 .22 feet crossing and intersecting township
, ' ne ) 6G, . 4? fee` , Nc th 110 00' 00" TWEST 230 . 34 feet , North
22° 30 ' 00" East 792 .00 feet, North 101 00 ' 00" West 246 .84
feet , North 341 00 ' 00" West 264 .00 feet , North 160 00 ' 00"
East 409 . 86 feet , North 440 00' 00" East 269 .94 feet , North
220 30 ' 00" East 340 .56 feet to the point from which the
quarter section corner between Section 36, in Township 8
South Range 1 West and Section 31 in Township 8 South Range
1 East bears due North 143 .22 feet , thence North 770 45' 00"
East 681 . 78 feet, South 890 00 ' 00" East 449 . 46 feet,
South 530 45' 00" East 429.00
feet , North 69° 00 ' 00" East 861 .30 feet, North 191 15 ' 00"
East 541 .20 feet; North 541 00' 00" East 708 .84 feet, North
230 00 ' 00" East 477 .18 feet, North 550 30' 00" East 422.40
feet , North 21 00 ' 00" West 638 .88 feet to a point in the
Westerly boundary line of Old Pueblo of San Jose, at which
there was formerly set a post marked "G No . 4 112" ;
thence
.. . thenc e
s _a line North �C0 1 (111n West 1881 .66
feet , more or less , to the Southeasterly and most Southerly
corner of the tract of land which was conveyed by the
Commissioners of the Funded Debt of the City of San Jose, to
i Deed
Baltimore, b
Mining Association o f Balt o
the Santa Clara 1_n g s , y
dated July 10, 1865 and recorded July 29, 1865 in Volume "T"
of Deeds , page 790; thence leaving said Easterly boundary
line of said tract of land patented by the United States of
America to James V. Coleman, et al, hereinabove referred to;
and running thence South 55° 45 ' 00" East on a-nd along the
Southwesterly boundary line of that certain parcel of land
which was conveyed or intended to be conveyed by, and
described in that certain Deed exectued by the Board of
Commissioners of the Funded Debt of the City of San Jose, to
A . Pfister dated July 10, 1865 and recorded August 12, 1865
in Volune "U" of Deeds, page 26, 1181 . 40 feet, more or less,
to a point in the center of a small creek known as and
called Hicks Creek and which creek runs between said parcel
of land conveyed to A . Pfister and that tract of land which
is described in and was conveyed by that certain Deed made
EXHIBIT
Page 4 of
by J . A . Quimby , as the P, ayor of the City of San Jose for and
on behalf of the Mayo:- and the Common Council of the City of
San Jose to Nathaniel Skuse dated November 16, 1867 and
recorded April 24, 1875 in Volume 10 of Deeds , page 554,
(said last mentioned point in said creek being the Southern-
most and most Southerly corner of said parcel of land
conveyed to A . Pfister) ; thence Southerly and up the center
of said Hicks Creek and following along the Westerly boundary
line of said tract of land conveyed to Nathaniel Skuse and
hereinabove referred to, about 12 112 chains to a point
formerly the Westerly extremity of the Southerly boundary
line of said tract of land conveyed to Skuse, hereinabove
referred to; thence leaving said creek and along the said
Southerly boundary line of the lands of Skuse, South 740 15 '
0011 East to the point of intersection thereof with the
center line of a private road leading to the lands now or
formerly of Le Deit, said centerline being along the high
bank c-1 sa!,! H' c!ks Creek said centerline also being the
Westerly line of that certain parcel of land described in
the Deed frC- Tp-es RCIrl-; III, et ux , to Dario J . Amerio, et
al , dated November 1 , 1958 and recorded November 12, 1958 in
Book 4227 of Officlal Records , at page 379, same said
centerline being also in and along the Westerly line of that
certain parcel of land delineated as Parcel No . 3, upon the
P4ap of the "Record of Survey being Part of Pueblo Tract No .
3" , which 1-',ap was recorded in Book 157 of 11"aps, at page 36,
records of said Santa Clara County; thence along said
centerline the following courses and distances : North 700
56 ' 381 East 33 .74 feet , North 24* 001 28" West 150.43 feet,
North 170 071 2111 East 139 - 57 feet, North 12" 59 ' 07" West
105 . 44 feet, North 150 421 4211 East 89 -70 feet, North 550
15 ' 1511 East 114 .26 feet , North 250 19 ' 0111 East 168 .84 feet
North 560 261 1211 East 93 . 47 feet, North 70 311 5011 East
105 -03 feet, North 370 45 ' 04" East , 124 .19 feet, North 240
161 3311 East 163 .18 feet, North 400 59 ' 3011 East 239 .61
feet , North "' ?o E'act 181 -76 feet and Ncrt-l" 50 13 '
0711 East 66.09 feet to the centerline of Reynolds Road ;
thence Northerly along said centerline of Reynolds Road,
North 190' 411 5911 East 120 .45 feet and North 51' 34 ' 5911
East 400 .89 feet to a point at the Northwesterly corner of
said parcel of land so conveyed to Amerio, et al, in the
centerline of Hicks Road; thence along said centerline of
Hicks Road, being the Northerly line of said parcel of land
so conveyed to Amerio, et al, South 580 371 4111 East 27-33
feet , South 740 381 0111 East 309 - 54 feet, South 670 081 0111
East 378 .84 feet , North 890 061 5911 East 246 .18 feet, South
680 53 ' 0111 East 95 .04 feet and South 670 081 01" East 64 .15
feet to the intersection thereof with the Westerly line of
EXHIBIT
Page jof
that certain parcel of land described in the Deed to the La
Margaretta Mining Company , recorded May 26, 1909 and filed
in Book 348 of Deeds , page 84, Records of Santa Clara
County; thence Northerly along said Westerly line of said
parcel so conveyed to La Mlargaretta Mining Company, North
230 25 ' 3211 East 56 . 86 feet to the centerline of Arroyo Seco
de los Capitancillos ; thence Westerly along said centerline
of Arroyo Seco de los Capitancillos , North 711 45 ' 0011 West
199 -78 feet , South 880 45 ' 0011 West 165 -00 feet , North 670
001 0011 West 1143.12 feet to the most Southerly corner of
that certain 2 .57 acre tract of land conveyed by John D.
MacKenzie to Andrew S . MacKenzie, et al , by Deed dated
December 23, 1904 and recorded January 6 , 1917 in Volume 452
of Deeds , at page 89 , Records of Santa Clara County; thence
leaving said centerline of Arroyo Seco de los Capitancillos
and running along the Southerly line of said 2 .57 acre tract
of land North 760 571 1211 West, 157 . 48 feet to the South-
weGterlr cc-ner thereof; thence along the Westerly lines of
said 2 .57 acre tract of land North 50 401 0011 East 198 .00
feet ar� Ncrt` 390 -?n- ' ()^11 West 411 . 14 feet to the intersection
thereof with the same aforesaid centerline of Arroyo Seco de
los Capitancillos ; thence leaving said Westerly line of the
2 . 57 acre tract South 83' 16 ' 55" West 216 .08 feet , North
690 11 ' 381, West (at 144 . 59 feet a found Granite Monument
marked 11CCCF" bears North 450 00 ' 0011 East 66 .00 feet )
�91 J. 0
194 - 59 feet , Nor tl+ 0
' "- 59 ' 56" West 327 .97 feet, North orth 641
141 22" West 481 . 34 feet , North 90 021 3711 West 372 .26
feet, North 421 31 ' 0311 West 208 .10 feet North 621 45 ' 5511
West 413 .63 feet, North 230 421 281, West 304 -07 feet, North
480 101 181, West 322 -56 feet , South 890 17 ' 1011 West 321 -54
feet, South 540 08 , 1411 West 278 .32 feet , North 47' 341 4511
West 447 .17 feet , North 490 35 ' 0211 West 405 -50 feet, North
320 131 0511 West 159 . 72 feet , North 160 39 , 40,l West 257 .40
feet , North 700 17 ' 3711 West 163 . 75 feet, South 820 081 0911
West 237 -34 feet, North 860 211 2911 West 291 . 43 feet, North
C C . ?6 --"e e t- , N1 o r t-h 260 04 1 0Z 11 �-.Iest 66 .511
feet , -thence South 170 15 ' 0011 West 16 -36 feet to the TRUE
POINT OF BEGINNING .
EXCEPTING THEREFROM that certain strip of land or road which
runs along the Westerly side of Arroyo Seco and which was
conveyed by the City o San Jose to the County of Santa
Clara , by Deed dated August 19 , 1867 and recorded in said
County Recorders Office on said last named day in Volume "W"
of Deeds , page 401 and by deed dated November -.6, 1867 and
recorded in Volume 11W11 of Deeds , page 501 .
EXHIMT
Page-4—of
ALSO EXCEPTING THEREFROM the interest granted in the Deed
from Jessie S . Gregory , Harry S . Young, R .G . Hudson, Bert F.
Rabinowitz and Matt Wahrhaftig, to County of Santa Clara, a
body politic and corporate and. a political subdivision of
the State of California, dated December 21 , 1939 and recorded
January 3 , 1940 in Book 961 of Official Records , page
461 .
ALSO EXCEPTING THEREFROM all that portion thereof lying
within the bounds of Parcel One hereinabove described .
PARCEL THREE :
LOTS 2, 7 , 9 and 16 of Section 36, Township 8 South, Range 1
Lots 3 , 6 , 7 , 9 and 10 of Secti^r 31
Township 8 South, Range 1 East, M.D.B. & M. , the same
together being and including all the property that was
conveyed by Patent executed by the United States of America
to Thomas P . B . Hicks, dated February 8 , 1892 and recorded
September 15, 1897 in Volume "F" of Patents , at page 431 ;
and also all ti,e property that is described in and was
conveyed by that certain Patent executed by the United
States of America to Thomas P.B. Hicks dated April 10, 1889
and recorded July 1, 1889 in Volume "D" of Patents, page 298 .
EXCEPTING FROM PARCELS 1 , 2 and 3 above described, the
following :
An undivided seventeen and one-tenth (17 .1% ) interest in all
oil , gas, gasoline and in all uranium (but not in any other
r:,,Lnerals ) nc,.. underlying and i;ithir. cr that May hereafter be
produced, saved, sold and delivered from the hereinabove
described premises , as reserved by Matt Wahrhaftig and Alma
L. Wahrhaftig, his wife, in that certain Deed dated December
30, 1955 and recorded January 12, 1956 in Book 3384 of
Official Records , page 641 .
An undivided six and five tenths per cent ( 6 .5%) interest in
all oil, gas , gasoline and in all uranium (but not in any
other minerals ) now underlying and within, or-- that may
hereafter be produced, saved, sold and delivered from the
hereinabove described premises, as reserved by Francesca
Chouteau, also known as Francesco Couteau, in that certain
Deed dated December 30, 1955 and recorded January 12, 1956
in Book 3385 of Official Records , page 6 .
EXHIBIT
Page 1 & of
I
An undivided one and four tenths per cent ( 1 . 4%) interest in
all oil , gas , gasoline and in all urnium (but not in any
other minerals ) now underlying and within or that may
hereafter be produced, saved, sold and delivered from the
hereinabove described premises, as reserved by B.F. Rabinowitz
and Delcona Rabinowitz, his wife, in that certain deed dated
December 30, 1955 and recorded January 12, 1956 in Book 3385
of Official Records , page 11 .
PARCEL FOUR :
LOTS 1 , 2 , 7 and 8 in Section 1, Township 9 South, Range 1
* c :' . according to the United StatQ:, Government
Wes . P•� .L . _ . � �
Survey .
PARCEL FIVE :
THE NORTHWEST QUARTER ( NW 1/4) of Section 6, Township 9
and Meridian
, according
South, Range 1 East, Mount Diablo Base g
to the United States Government Survey .
EXCEPTING THEREFROM an undivided one-half ( 112) of all
interest in all oil, gas , gasoline and in all uranium (but
not in any other T-inerals ) now underlying and within, or
that may hereafter be produced, saved, sold, and delivered
from the above described premises , as reserved by James R.
Tormey and Warren Tormey and Hope A . Tormey and Virginia H .
Tormey , in that certain Deed dated August 1, 1956 and
recorded August 20, 1956 in Book 3582 of Official Records ,
page 439 .
PARCEL SIX :
AN EASEMENT for the installation and maintenance of subsurface
lines for water and other utilities , within a strip of land
10 . 00 feet in width, the centerline of which is being more
particularly described as follows .
BEGINNING at the corner common to Section 19 and 30, T. 8
S. , R. 1 E . , M.D.B . & M . , and Sections 24 and 25, T. 8 S . ,
R. 1 W. , M.D. B . & M . . thence from said point of beginning
EXHIBIT #4
Page j3_0f
along the Westerly and Southwesterly boundary line of Lot 39
( the said Lot 39, together with Lot 40 in Township 8 South
Range 1 West, M.D.B.& PSI . , comprising that portion of the
Rancho Canada de los Capitancillos , which was finally
confirmed to Guadalupe Mining Company , and which was granted
and conveyed to said Guadalupe Mining Company by United
States Patera dated September 20, 1871 and recorded October
12, 1871 in Volume "E" of Patents , at page 31 , to which said
patent and the record thereof reference is hereby made for a
more particular description of said Lot 39) South 340 00'
0011 East 111 .54 feet , South 15° 15 ' 0011 East 297 .00 feet,
and South 60° 00' 0011 East 52. 80 feet to the Northwesterly
corner of the tract of land granted and conveyed by the
United States of America t^ James V. Coleman, et al , by
Patent dated March 18, 1901 and recorded March 29, 1901 in
tt 11 cA P^ tentC at 1 00
�u...� G _ page , thence North 17° 1F ' "
East 16 .36 feet to the centerline of Arroyo de los
Capitancillos , thence along said centerline South 260 04 '
03" East 1� .CC feet to the True Point of Beginning of the
herein described centerline .
liiencc i: v.. said iru= Point of Beginning, leaving said
centerline of Arroyo de los Capitancillos , North 241 05 ' 19"
East 80.66 feet to a point on an existing dirt roadway known
as Guadalupe Mines Road ; thence following the general
alignment of last described dirt roadway, North 310 40' 0911
West 95 .00 feet , North 161 40 ' 0911 West 470 .00 feet, North
° 4 ' " West 2 7 feet North 140 39 ' 51" East 208 .95
10 0 09 37 9 ,
O t tt
° T It
n 1 1 East 272 .08 feet , North 72 09 51
feet North 5 59 5
,
East 312 . 66 feet, and North 860 51 ' 4811 East 493 .51 feet to
the most Southerly corner of that certain 22.589 acre parcel
.> "Record of Survey of a
of land' 5..�;;:. ;:rc:. �..�:: t•:up, c� the ,,
Portion of Lot 39 of Rancho Canada de los Capitancillos
located in Fractional Sections 17 and 19, T. 8 S . , R . 1 E. ,
M .D.B. & M ." which Map was recorded in Book 67 of Maps , at
page 29, records of said Santa Clara County; thence North
720 02 ' 3111 East 134 . 42 feet, North 470 45 ' 1211 East 203.65
feet , and North 310 08 ' 0511 East, 466 .37 feet .
EXHIBIT
Page j�o-f
i
i
PARCEL SEVEN:
A NON-EXCLUSIVE RIGHT OF WAY for the installation and
maintenance of public utilities over a strip of land 25 feet
in width, the general Westerly line of which is described as
follows :
COMMENCING at an iron pipe marked "Sta . 13 + 14 .87 on the
County Transit Book No . 95, page 6411 , in the Northerly line
of the 194 .793 acre parcel of land shown on the Survey Map
filed for record in the Office of the Recorder of the County
of Santa Clara, on March 3 , 1956 in Book 67 of Maps, page
29, distant thereon West 3175 .77 feet from the Northeasterly
corner thereof; thence South 150 37 ' 00" West 261 .02 feet to
an iron pipe ; thence South 8° 56 ' 36" West 178 .62 feet to an
iron pipe ;i e ; thence South 2° 55 ' 00" West 478 .06 feet to an
South 281 4 ' 41" West 210 .62 feet to an
e • thence3 iron pipe ; ,
iron pipe; thence South 310 04 ' 47" West 500 .67 feet to an
iron pipe .
537-10-005
80060
ph/sp/ss
A 537-10-5; 562-8-8
562-10-5, 6 & 7; 575-4-7; 575-5-1 & 2
575-9-8 & 9
10-6-89
i
EXHIBIT k4
Page Jor—of
.
OLD REPUBLIC TITLE COMPANY
ORDER NC- 398047-HJJ
0poacE-o
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
l. Taxes for the fiscal year I994-95 Bill No. 537-10-005 Code Area 80060
First Installment: $425,31 delinquent 10% PENALTY $42.53
Second Inotallmeot:$416'06, payable but not yet due
� The above installments include a property tax exemption of NONE
� �
2. Taxes for the fiscal year 1994-95 Bill No. 562-08-008 Code Area 72001
First Installment: $246'70 delinquent IO% penalty $24.67
Second zoatallmeut:$243,10° payable but not yet due
The above installments include a property tax exemption of NONE
3. Taxes for the fiscal year 1994-95 Bill No. 562-10-005 Code Area 80008
First Installment: $160.76, delinquent 10& penalty $I6,07
� Second Installmeot:$157.38, payable but not yet due
�
The above installments include a property tar exemption of NONE
4. Taxes for the fiscal year 1994-95 Bill No. 563-10-006 Code Area 80008
First Installment: $59.95 delinquent 10u penalty $5,99
� Second %nstaIlmeot:$58.75, payable but not yet due
The above installments include a property tax exemption of NONE
5. Taxes for the fiscal year 1994-95 Bill No. 562-10-007 Code Area 80060
First Installment: $514.81 delinquent 10% penalty $51,48
Second IuataIlmeot:$503.74, payable but not yet due
The above installments include a property tax exemption of NONE
5. Taxes for the fiscal year 1994-95 Bill No. 575-04-007 Code Area 80060
First Installment: $229.51 delinquent lO% penalty $22.95
Second znstallmeut,$224.64, payable but not yet due
The above installments include a property tax exemption of NONE
7. Taxes for the fiscal year I994-95 Bill No. 575-05-001 Code Area B0060
First Installment: $400.80 delinquent 10% penalty $40.08
Second Iostallmeut;$400.80, payable but not yet due
The above installments include a property tax exemption of NONE |
8, Taxes for the fiscal year 1994-95 Bill No. 575-05-002 Code Area 80060
First Installment: $3,459.00, delinquent 10% penalty $353.68
Second Iostallmeot:$3,459.00, payable but not yet doe
The above installments include a property tax exemption of NONE
9. Taxes for the fiscal year 1994-95 Bill No. 575-09-008 Code Area 80050
First Installment: $591.83 delinquent 18* penalty $59.18
Second IastalImeot;$591,83 payable but not yet due
The above installments include a property tax exemption of NONE �
EXHIBIT
Page —Wof
OKT3lS7'D
OLD REPUBLIC TITLE COMPANY
ORDER NO. 398047-HJJ
UPDATE-B
10. Taxes for the fiscal year 1994-95 Bill No. 575-09-011 Code Area 80002
First Installment: $192.26 delinquent 10% penalty $19.22
Second Installment:$192.26 payable but not yet due
The above installments include a property tax exemption of NONE
11. The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Section 75, et seq. , of the Revenue and Taxation Code of the State of
California.
12. An easement for the free flow of water over those portions of the premises
lying within the bounds of Hicks Creek and Arroyo Secco de los Capitancillos
Creek, and any changes in the boundary line by natural causes or imperceptible
degrees.
13. Rights of the public, County and/or City, in and to that portion of said
land lying within the lines of Pheasant Road, Hicks Road and Reynolds Road.
Page 5 of 7 Pages EXHIBIT
P39CM014u
ORT 3157-E
14, , Easement for the purposes stated herein and incidentals
thereto :
For g Y
Right to freely make and use roads to enter
upon said lands and do any work necessary
for mining cinnabar or other quick-silver
ores
Reserved by Laurens W. Wolcott, et ux, Henry K. Wolcott,
i et ux , and Maggie Downing Brainard
Recorded June 14 , 1904 in Book 309 of Deeds , page 103
Affects a portion of Parcel One
15. ,Fasement for the purposes stated herein and incidents
thereto,
F�^ the erection and maintenance of a line of
poles for the transmission of electric energy
and incidental purposes
Granted : Pacific Gas and Electric Company, a California
corporation
Recorded July 21 , 1967 in Book 7794 at page 363 ,
Official Records ,
Affects : as follows :
That portion of the parcels of land described under Parcel 1
and Parcel 2 in the deed executed by Alpha Land Company to
M.W. Sullivan dated December 15, 1966 and recorded in the
office of the County Recorder of said County of Santa Clara
in Book 7591 of Official Records , at page 530, lying easterly
of the westerly boundary line and northerly of the sou
therly erl
Y
L
boundary of the easterly prolongation of the southerly
Ran e 1 East
boundary line of Section 30, Township 8 South, g
M.D.B. & M .
The route of said line of poles is described as follows :
BEGINNING at a point in the second party 's existing pole
line from which an iron pipe marking the point of intersection
of the center line of Hicks Road with the center line of
Reynolds Road bears S. 55' 58' E. 1 , 469 .9 feet distant and
running thence S . 10 41 ' W . 446 .3 feet , thence S. 461 41 ' W .
426 .0 feet , thence S . 641 01 ' W . 425 .9 feet , thence S . 650
25 ' W. 418 .1 feet, thence S. 60' 59 ' W. 622 .8-. feet, thence
S . 680 40 ' W . 389 .2 feet .
First party shall not erect or construct any building or
other structure within 5 feet of the route of said poles
hereinabove described .
EXHIBIT
Page IlLof�
16 . Easement for the purposes stated herein and incidentals
thereto :
For a right
of wayfor public street and road
purposes , for slope easements , and for
incidental purposes
Granted The County of Santa Clara
Recorded August 25 , 1967 in Book 7835 at page 177,
Official Records
Affects as follows :
HICKS ROAD DEDICATION
BEGINNING at the section corner common to Sections 19 and
30, Township 8 South, Range 1 East, M.D.M. and Sections 24
and 25 , Township 8 South, Range 1 West , M.D.M. as said
section corner is shown upon the official U. S . Government
Survey Plat of Township 8 South, Range 1 East , M.D.M. , dated
March 24, 1880 ; thence from said point of beginning along a
rando,. traverse the following courses and distances , S . 340
00 ' 00" E . 111 . 54 feet; S . 151 15 ' 00" E . 297 .00 feet, S.
60° CC ' CC" � ' . 8C feet , N. 17° 00' lr-" E . 16 . 36 feet, S .
260 04 ' 03" E . 66 . 54 feet, S . 730 10' 57" E . 100 . 26 feet; S.
8611 21 ' 29" E . 291 . 43 feet ; N . 821 08 ' 09" E . 237 . 34 feet ,
S . 700 17 ' 37" E . 163 . 75 feet , S. 160 39 ' 40" E . 257 .40
feet , S . 660 00 ' 00" W. 9 .00 feet, S. 69° 31 ' 40" W. 75.91
feet , and S . 090 31 ' 25" E . 164 .59 feet to the True Point of
Beginning ; said True Point of Beginning being, the approximate
centerline intersection of the existing paving of Hicks Road
and Pheasant Road ; thence from said True Point of Beginning
along a strip of land 60. 00 feet in width lying 36 .00 feet
to the left , and 24 .00 feet to the right looking in the
direction of the traverse, of the following described line ,
thence from said True Point of Beginning running along a
random traverse generally along the centerline of the
existing paving of Hicks Road S . 690 38 ' 57" E . 124 .94 feet ;
thence S . 620 54 ' 57" E . 252 .56 feet, thence S . 450 04' 27"
E. 276 . 98 feet ; .!.ence S . 490 14 ' 12" E . 261 .80 feet , and
860 25 ' 33" E . 110 .20 feet ; thence continuing along said
Hicks Road and along said strip of land
random traverse of i g
60 .00 feet in width, lying 24 .00 feet to the left, and 36 .00
feet to the right, looking in the direction of the random
traverse of said Hicks Road the following courses and
distances N. 410 36 ' 22" E . 208 .65 feet , N. 830 32' 33" E .
283 . 60 feet and S . 740 41 ' 46" E . 96.04 feet to a point from
which point the abovementioned Section corner bears N. 610
03 ' 41" W. 2716 .80 feet .
Together with a 10 .00 foot wide strip of land for slope
easement purposes , the right line of said easement being
common with the left line of the above mentioned 60 foot
wide strip of land, said left line being 36 .00 feet left and
measured at right angles thereto, from the above mentioned
point of beginning to the beginning of the course having the
bearing of S . 45° 04 ' 27" E . at the intersection of the
bearings of S . 62° 54 ' 57" E . and S . 450 04 ' 27" E . of the
above mentioned random traverse along Hicks Road .
EXHIBIT
- 44
Page_� Q of
Also together with a 20 . 00 foot wide strip of land for slope
easement purposes , the right line of said easement being
common with the left line of the abovementioned 60 foot wide
strip of land, said left line being 36 .00 feet left and
measured at right angles thereto, from the beginning of the
course having a bearing of S . 450 04 ' 27" E . at the
intersection of the bearings of S . 620 54 ' 57" E . and S . 450
inters g
04 ' 27" E . of the above mentioned random traverse along
Hicks Road to the beginning of the course having the bearing
of N . 410 36 ' 22" E . at the intersection of the bearings of
" o � 1I mentioned
o above
N. $6 25 33 E . and P1 . 41 36 22 E . of the abo
random traverse along Hicks Road .
Also together with a 10 .00 foot wide strip of land for slope
easement purposes , the left line of said easement being
common with the right line of the above mentioned 60 foot
wide strip of land, said right line being 36 .00 feet right
and measured at right angles thereto from the beginning of
the course having the bearing of N. 410 36 ' 22" E . at the
irto�CP�+11 ,r of the hearings of N . 860 25 ' 33" E . and N . 410
36 ' 22" E . of the above mentioned random traverse along
uinire C7 r.o,a
The bear inj;o o`' - 00° 08 ' 00" E . of the ►lest line of
Section 30, as said West line is shown upon the above
mentioned U . S. Government Plat , was taken as the basis of
bearings of the above mentioned description .
PLEASANT ROAD DEDICATION
BEGINNING at the section corner common to Sections 19 and
30J. Township 8 South, Range 1 East, M.D.M. and Sections 24
and 25, Township 8 South, Range 1 West, M.D.M. as said
section corner is shown upon the Official U . S. Government
Survey Plat of Township 8 South, Range 1 East, M.D.M. dated
March 24 1880 ; thence from said point of beginning along
a
)random traverse the following courses and distances S . 34o
00 ' CC„ E . , , , . 54 _`'ect ; S . 150 15 ' 0011 F . 297 .00 feet ; S.
60° 00' 00" E . 52.80 feet; N. 171 00' 15" E . 16.36 feet; S .
260 04 ' 03" E . 66 .54 feet; S . 730 10 ' 57" E . 100 . 26 feet; S.
860 21 ' 29" E . 291 . 43 feet; N. 821 08 ' 09" E . 237 .34 feet;
S . 700 17 ' 37" E . 163 .75 feet; S . 160 39 ' 40" E . 257 .40
feet ; S . 660 00 ' 00" W . 9 .00 feet; S . 690 31 ' 40" W. 75.91
feet ; and S . 090 31 ' 25" E . 164 .59 feet to the True Point of
Beginning; said True Point of Beginning being the approximate
centerline intersection of the existing paving of Hicks Road
and Pheasant Road ; thence from said True Point of Beginning
along a strip of land 60 .00 feet in width, lying 30.00 feet
to the left, and 30 .00 feet to the right, looking in the
direction of the traverse , of the following described line;
thence from said True Point of Beginning running along a
random traverse generally along the centerline of the
existing paving of Pheasant Road S . 210 10 ' 56" W. 135 .04
feet ; thence S . 790 06 ' 54" W . 275 .22 feet; thence N . 720
07 ' 21 " W . 348 . 40 feet ; thence continuing along said random
traverse of Pheasant Road and along said strip of land 60 .00
feet in width, lying 45 . 00 feet to the left, and 15 .00 feet
to the right looking in the direction of the random traverse
EXHIB T P4
Page of
i
of said Pheasant Road the following courses and distances ,
S . 480 33 ' 58" W . 147 .81 feet , S . 471 27 ' 05" W . 119 .32
feet , S . 34° 31 ' 16" W . 260 .19 feet , S . 311 44 ' 06" E .
145 .31 feet, S . 001 27 ' 02" W . 122 . 42 feet; S . 440 20' 58"
E . 70 .46 feet; S . 680 28 ' 09" E . 176 .21 feet; S. 331 44 ' 46"
E. 49 . 27 feet ; S . 180 37 ' 37" W. 149 .85 feet; S. 221 16 ' 04"
E. 59 .53 feet; S . 62° 00 ' 00" E . 78 .52 feet; S . 061 40' 30"
E . 89 .80 feet ; S . 39' 09 ' 45" E . 179 .34 feet ; S. 660 22' 11
E . 60 . 69 feet ; S . 26° 09 ' 52" W . 55 .59 feet; S . 781 19 ' 48
W . 6 . 7 feet; N 8 9 8° 42 ' 4 " W . 83 .79 feet; N. 65' 34 ' 11"
� l 9
° 4 ' " W. 6 .0 feet to a point
8 9 5
S . 0 7
8 26 fee
t a nd 3 5
W. 17 .
from which point the above mentioned section corner bears N.
040 55 ' 15" W. 2372 .83 feet .
Toget'_:er with a 15 .C2 fcct aside strip of land for slope
easement purposes , the right line of said easement being
le`'` ,inc of the above mentioned 60 foot
strip of land, said left line being 45 .00 feet left and
measured at right angles thereto, from the beginning of the
course having the bearings of S. 48° 33 ' 58" W . at the
intersection of the bearings of N. 721 07 ' 21" W . and S . 480
33 ' 58" W. of the above mentioned random traverse along
Pheasant Road .
The bearing of N. 00° 08 ' 00" E . of the West line of Section
30 as said West line is shown upon the above mentioned U.S.
Government Plat, was taken as the basis of bearings of the
abovementioned description .
EXHIBIT 14
Page aLof
17. Easement for the purposes stated herein and incidentals
thereto :
For The erection and maintenance of a high tower line
for the transmission of electric energy , and
incidental purposes
Condemned : in favor of Pacific Gas and Electric Company,
a California corporation
Recorded : May 1 , 1969 in Book 8519, at page 333, Official
Records
Affects : as follows :
PARCEL
ONE: A stripof land of the uniform width of 120
• din- he �t er ,� boundary line f the
d _ _i..., o_ the
feet exte...._.. from t._� scG :.r_ . _ baun a
northwest quarter of Section 6, Township 9 South, Range 1
East , M . D.B. & :�i . , Northwesterly to the Westerly boundary
line of Lot 2 and of Lot 7 of Section 1 , Township 9 South,
Range 1 West, M.D.B . & M . , and lying equally on each side of
the line which begins at a point in the Southerly boundary
line of the northwest quarter of said Section 6, and runs
thence North 79' 58-1/2 ' West 1460 feet, more or less, to a
point herein for convenience called Point "A" thence North
730 18 ' West 427 .45 feet to a point herein for convenience
called Point "B" thence continuing North 73' 18 ' West 601 .89
feet to a point herein for convenience called Point "C" ;
I
I
EXHIBIT
—A
Page 4of
thence continuing North 73' 18 ' West 695 - 36 feet to a point
herein for convenience called Point "D" ; thence continuing
North 730 181 West 529 - 55 feet to a point herein for
convenience called Point "Ell ; thence continuing North 73'
18 , West 1065 feet; more or less , to a point in the Westerly
boundary line of said Lot 2 ; said Point "All bears South 130
33-1/21 east 2407 . 6 feet distant from the 2 inch by 3 inch
post set in a rock mound marking the northwest corner of
said Section 6 ; containing 13 .166 acres .
PARCEL TWO : A strip of land of the uniform width of 20 feet
extending from the Southwesterly boundary line of the strip
of land hereinbefore described and designated Parcel 1
Southerly to the Southerly boundary line of the northwest
quarter of said Section 6 and lying equally on each side of
the line which begins at a point in the Southwesterly
boundary line of said strip of land designated Parcel 1 from
which said Point IIBII bears North 161 42 .01 East 60 .00 feet
distant and runs thence South 541 10 .11 East 66 .14 feet;
S3,Uth 560 1c,7 . 61 East 37. 63 feet ; thence on a curve to
the left with a radius of 100.0 feet, through a central
an�,Ie --f 24O 47 . 1" an arc tlista-ce of 43 . 26 feet ; thence
South 811 02. 61 East 6 .85 feet; thence on a curve to the
right with a radius of 70 .0 feet, through a central angle of
510 4C . 5 ' , ar are distance of 63 -13 feet , thence South 290
22 . 11 East 9 .33 feet ; thence on a curve to the left with a
radius of 100 . 00 feet , through a central angle of 9' 16 .01
an arc distance of 16 .17 feet ; thence South 38' 38 .1 ' East
52- 57 feet ; thence on a curve to the right with a radius of
50 - 00 feet , through a central angle of 39' 14 -51 an arc
distance of 34 .24 feet; thence South 00 36 . 41 west 16 .09
feet ; thence on a curve to the left with a radius of 100.00
feet , through a central angle of 6' 59 . 21 an arc distance of
12 . 19 feet ; thence South 60 22 .81 East 31 .25 feet ; thence on
a curve to the left with a radius of 100.00 feet, through a
central angle of 70 22. 5 ' , an arc distance of 12. 87 feet;
thence South 13' 45 -31 East 41 -72 feet; thence on a curve to
the ribl,'L Kit',,A a radius of 200 .00 feet, through a central
angle of 80 37 .01 an arc distance of 30.08 feet; thence
South 15:0 08 -31 East 10 feet , more or less , to a point in the
Southerly boundary line of the Northwest quarter of said
Section 6 ; containing 0 .222 acre .
PARCEL THREE: Beginning at a point in the Southwesterly
boundary line of said strip of land designated Parcel 1 from
which said Point IICII bears North 160 42 .01 East 60.00 feet
distant and running thence South 730 18 .0 East) along the
Southwesterly boundary line of said strip of land designated
Parcel 1, a distance of 116 .96 feet; thence North 790 09 .3 '
West 59 -01 feet; thence on a curve to the right with a
radius of 110 .00 feet , through a central angle of 90 09.21 ,
an are distance of 17 -57 feet; thence North 70' 00-11 West
9 . 78 feet; thence on a curve to the right with a radius of
110 .00 feet, through a central angle of 110 15 .21 , an arc
distance of 21 .60 feet; thence North 580 44 .9 ' West 9 .95
feet , more or less , to the point of beginning ; cor -- 4 -4 --
0 . 011 acre . EXHIBIT
Pasewof
PARCEL FOUR: A strip of land of the uniform width of 20
feet the termini of which are formed by the by the South-
westerly boundary line of said strip of land designated
Parcel 1 and lying equally on each side of the line which
begins at a point in the Southwesterly boundary line of said
strip of land designated Parcel 1 from which said Point "D"
bears North 360 26 . 3 ' West 100 . 02 feet distant and runs
thence South 361 26 . 3 ' East 18 . 33 feet; thence on a curve to
the left with a radius of 50 .00 feet , through a central
angle of 371 59 .9 ' an arc distance of 33 .16 feet; thence
South 740 26 .2 ' East 8 .22 feet ; thence on a curve to the
left with a radius of 50 . 00 feet , through a central angle of
530 10 . 5 ' an arc distance of 46 . 40 feet, more or less , to a
point in the Southwesterly boundary line of said strip of
land designated Parcel 1 ; containing 0 .049 acre .
PARCEL FIVE : A strip of land of the uniform width of 20
feet extending from the Northwesterly boundary line of said
strip � esirnnte,' parcel 1 to the Westerly boundar,• line of
said Lot 2vand lying equally on each side of the line which
be inr at a --4 -+- 'In the Northeasterly bourclF y of cam
strip of land designated Parcel 1 from which said Point "Ell
t
4 t distant
and runs
bears SOUt�n yG� �� .yi East 11G . 1 fee
thence North 401 23 . 1 ' West 74 . 35 feet ; thence on a curve to
the left with a radius of 100 .00 feet, through a central
angle of 25° 10 .0 ' an arc distance of 43 .92 feet ; thence
6 ' ' West ' 7 . 45 ` • tl ce cn a ct rve to the
5° 33 . � ��es ,, � � ee �, .,En
right with a radius of 100.00 feet ; through a central angle
of 441 05 .0 ' an arc distance of 76 . 94 feet; thence North 210
4 on a curve to the left with a
8 .1 feet • thence
8 .1 West 1
2 ,
:radius of 100. 00 feet , through a central angle of 160 52 .0 '
an arc distance of 29 . 44 feet; thence North 381 20 .1 ' West
23 . 36 feet; thence on a curve to the right with a :radius of
100 .00 feet , through a central angle of 19° 30.0 ' an are
distance of 34 . 03 feet ; thence North 18° 50 .1 ' West 4 .99 feet;
thence on a c ;:`:. tc the left e.it'_ c. _radius of 100 .00 feet,
through a central angle of 291 19 .7 ' an are distance of
51 . 19 feet; thence North 480 09 . 8 ' West 42 .81 feet; thence
on a curve to the left with a radius of 200.00 feet, through
a central angle of 130 11 .0 ' an arc distance of 46.02 feet;
thence North 611 20 .8 ' West 65 .72 feet; thence on a curve to
the left with a radius of 200 .00 feet , through a central
angle of 100 50.0 ' an arc distance of 37 .82 feet; thence
North 720 10 .8 West 65 .67 feet ; thence on a curve to the
left with a radius of 100 .00 feet , through a -central angle
of 150 19 .6 ' an arc distance of 26 . 75' feet ; thence North
870 30 . 4 ' West 54 .22 feet; thence on a curve to the left
with a radius of 100 .00 feet, through a central an le of 111
29 .0 ' an arc distance of 20.04 feet ; thence South 810 00 .6 '
West 49 .04 feet ; thence on a curve to the right with a
radius of 100. 00 feet , through a central angle of 130 37 .0 ' ,
an arc distance of 23 .77 feet ; thence North 85° 22. 4 ' West
50. 71 feet ; thence on a curve to the left with a radius of
100 . 00 feet , through a central angle of 320 41 .01 , an arc
distance of 57 .04 feet ; thence South 610 56 .6 ' West 19 .46
feet ; thence on a curve to the right with a radius of 200 .00
EXHIBIT
Page�of
ORDER NO . 28902
feet , through a central angle of 80 26 .0 ' an arc distance of
29 . 44 feet ; thence South 70' 22 . 6 ' West 109 .76 feet ; thence
South 670 22. 6 ' West 6 .61 feet ; thence on a curve to the
right with a radius of 75 . 00 feet, an arc distance of 52.69
feet , more or less , to a point in the Westerly boundary line
of said Lot 2 ; containing 0 .549 acre . (Affects Parcel 4 and
5) .
18 Easement for the purposes stated herein and incidentals
thereto :
For Pole line facilities , consisting of aerial
wires , cables and other electrical conductors
with associated poles , braces , transformers ,
anchors , guys , fixtures and appurtenances
In favor of Pacific Gas and Electric Company, a California
corporation, and Western California Telephone
Company , a California corrcration,
Recorded May 22, 1973 in Book 0388, page 418 of
Official Records
Affects the Northeast quarter of the Southeast quarter
of Section Twenty-five, Township Eight South
Range One West , Mount Diablo Base and Meridian,
described as follows :
BEGINNING at a point in the Northerly line of said lands and
running thence S . 00 28 ' W . 5 feet, more or less , to a point
from which the Northwest corner of said land bears N . 450
06 ' W. 7 .0 feet distant, thence S . 890 20 ' 6J . 5 feet, more
or less , to a point in the Westerly boundary line of said
lands .
19. Easement for the purposes stated herein and incidentals
thereto .
For Public street and road purposes ,
right of way and easement
In favor of County of Santa Clara, a political
subdivision of the State of California
Recorded October 10, 1979 in Book E858, page 479 of
Official Records , and re-recorded May 7 , 1982
in Book G771 of Official Records, page 603 •
BEGINNING at a 3/4 inch iron pipe set at the Northerly
terminus of the center line course of Hicks Road shown with
a bearing of North 260 14 ' 13" West, 195 .54 feet on the
Record of Survey Map filed in Book 268 of Maps , at page 56,
records of the Santa Clara County Recorder, said course
being assigned a bearing of North 270 01 ' 55" West for the
purposes of this description; thence along the Northerly
prolongation of said center line course, North 27' 01 ' 55"
West 31 . 48 feet to an angle point in the centerline of Hicks
Road as described in the Deed to the County of Santa Clara
EXHR-4z
Page of
recorded in Book "W" of Deeds , at page 401 , records of the
Recorder, said point furthermore being on the South line of
the 2 . 57 acre parcel of land conveyed to Lanphear is the
Deed recorded in Book 2734 Official Records , at page 218 ,
records of the Recorder; thence along the Southerly boundary
of said 2 . 57 acre parcel , South 780 231 45" East 38 . 41 feet
to a point on the Easterly line of Hicks Road (60 feet) wide
and the TRUE POINT OF BEGINNING of this description; thence
continuing along the Southerly boundary of said 2.57 acre
parcel South 78° 23 ' 45" East 12 .80 feet to a point which is
easterly and 10 feet distant , measured at right angles from
the a S :,
line of Hicks Road ; thence parallel with said
�e�l
S
L
Easterly line of Hicks Road , South 270 01 ' 55" East 44 .51
feet ; thence Soutn 620 56 ' 05" West 10 .00 feet to a point on
said Easterly line of Hicks Road ; thence along said line of
Hicks Road north 271 01 ' 55" West 52 .50 feet to the TRUE
POINT OF BEGINNING . CONTAINING 0 .011 acre of land, more or
less .
20 . A Deed of Trust to secure an indebtedness of the
amount stated herein and any other amounts payable under
the terms thereof
Dated not shown
Recorded October 6 , 1989 in Book L122 of Official
Records , page 1644
Trustor RANCHO DE GUADALUPE, INCORPORATED
Trustee CALIFORNIA LAND TITLE COMPANY OF SANTA
CLARA COUNTY
Beneficiary MANUFACTURERS AND TRADERS TRUST COMPANY
Amount $9, 000 .000 .00
Substitution of Trustee under said Deed of Trust,
New Trustee CHICAGO TITLE COMPANY, a California corporation
Recorded January 12th, 1993 in Book M581 of Official Records, Page
0449
EXHIBIT
Page of
21 . Any and all subsisting leases .
22 Any facts , rights interest or claims a c0,: rEc'
survey of said land would disclose .
NOTE 1 : The last recorded instrument( s ) conveying record
title to the premises is/are :
Deed executed by f-I .W. Sullivan Grantor(s ) to Rancho de
Guadalupe, Incorporated, a California corporation Grantee( s ) ,
recorded on August 18, 1970 in Book 9025 of official Records ,
at page 75 •
The last conveyances affecting said land recorded within
the last two years , prior to the date of this Report
are : none
NOTE 2 : Any conveyance of the hereindescribed premises by
Grant Deed will require the payment of the $10.00 Survey
Monument Preservation Fund fee pursuant to Government Code
Section 27584 and Ordinance No . NS-300 .273-
EXHIBIT
Page of
OFFICE OF COUNTY ASSESSOR - SANTA CLARA COUNTY. CALL FORM IA
•OOR PAGE
575 4
Wy
r
S
0
ti
TE S.-RA: T.7S.•R.IE
537 23 30
`�t.r+`�11IH Y+, ♦ 'TC7TTT.I:.Z}"--•. 'Arc ..+i•
PORTION LOT 39 5
'HICKS
2.31 AC.GR �J RANCHO OE LOS CAPITANCILLOS
z +�Z2 IIAC NET 33115 A
Sf
d
Or
'•, ni s. M.R
�). •:�\,� NOTICE:
I7.32 AC.GR.' Le.Le4 :nd•-.< +.....
14.30 AC.NE T ^� , 1•.+•,A +nd. '+ �.6•Lln .
♦)y � o ...nc.F.+.on
i11+i 1.
' q0 ri
W 1 PYAYCE�.TY 1EC)i i
CYnlE01N CO+R .1T.7"+�E
A = EIICGT.vt G IE u AS��SSCR
YY� ALFREO E.CAR-SON- �� e
YYYI O �+4
OFFICE OF COUNTY ASSESSOR---SANTA CLARA COUNTY, CALIFORNIA
BOOR all
fff
575
I
I"= 660•
z^ f
rRcr
O N1r J A
oT ' 2e.io AC 10 NOTICE Ttw n ..;,i,•r. •41 .... r...., n
%2 AC. rs+...».a.1+4N.•
4 Iww:,:,d n..•.
d'`vf ��►�� Q` / .iffi tt rrl OT F4 ,
add`pt f C 4 L' f.. t► _f I 4 .•\�'' t....•,a d..,x,..�•..wn.. ti.
24.3 AC
."...
tY 0 LOT S I '
20.13 AC. LOT
1
6 AC !
I LOT 6
0 LOT? I 1245AC 1 I b
37.o2ACOt�--- --1-- --1-- -- -- --=-----------
-�
X41AGNET: LOT 6 LOT 5 LOT 6 LOT 15 LOT 7 LOT 6 .
41.26 AC. 41.26 AC. 4126 AC 36.SO AC \2 46 AC. 36 46 AC
J
I O • ? I
5L6.26 AC. SR.TOTAL LOT
583.04 AC.N ET 16 1 I
.r.i . `G� I TOTA�
gg
ASo --1-- --c�
..,7 ► , --.-- --L-- n --�—
LOT Ir'- LOT 3
-
f„44.:N7,; y LOT 2 rLOT 3 I LOT 4 I LOT I LOT 2 {, 40.26 AC.
.,•� �;' I 37.02 AC.GA.AC. NET ( 40 56 AC. Al 14 AC. I 41 TO AC. 42.26 AC V j
11r r 1 IGSC � I
C.R/ 'LBA
n
�! 23.7S AC I�L t .. -sue. "✓ I
i 1^ 30 J .�ET C�4- I T.6 S R I E 1
nJ4�O4+- �rl n•• t 30 131 tT,
741 74 4 4.I`•• O"f 40 R/ aAi r" 25 36 -- •'3i� - 220 AL ,
m T.6S R.IW LOT IT
d X
B K I��
537 i 562
i
OFFKE OF MONTY ASSESSOR•••SAMTA CLARA CMffY, CALMMMA '
/J � - Ieol rAa
i.
w:.b.d. !r•.
bcH.p•w a,•: M..wd bn. ......�..
N,4b:...,n....,..
ips`Ca / [-.raoso O7 o0
llrG
fi gyaC �
575 Doh
CC
'S T 1
4
2/ lIV
i
`F REG
4C T�T4C \d�:40 �.11 Sagcf D
y ti
Oig
014010 \ r f 2i3i. a.
f C f Y6V O co..w�coir 2 o W.B.
o+ It
Coot
Efrl cfgC e•f[•AI►A[Mf!!3 rat•) )i
ALFRED E.CAR-SpR_ASSESSOR ICJ ti -.N',B,q�:
ss
41
Y m
�� 11
O
'T /
OrrICE Or COUNTY ASSESSOR- -SANT• CLARA COUNTY. CALIrORN1A
BOO■ ►A CE
575 ��
h
—d
,q 2.57 AC.
s � �
\ 1 _ SEE DETAILA�
� i.ifr fro � a Etn I ' 400'
V7 Arrr o� \ '' • cIn
C'o ,fowr.ffo. -�� r n.r•/$: n _ SC
m —//f ,,s >. s..� In R 0 p 0
R� rl-• COURSE®®DISTANCE
j MIDPENINStjLA
WSJ ^• ' J, tKE1 0<
D ,
S REGI
ONgLDIS ro'OA=cR 363SFA
i .D
» a.e - N-I
PARCEL 25248 AC > , 24 602 AC ;
� V 4� � ► �. 1101
\ 10 Vhf—
Ir/•
O S
ao ►r,.D .
e ut
n w1 _ � � 3 ►
.D "It 4
61.
u o'
I./� �e� �(.r� .��'• oa »I.. �� '•n1/, 31532 AC +: po ,9 43331 AC
Ed,...,ii, N1 SOS'►S _ 5 L E
►ARC ,�
O PARCEL I
d E,.d L C►i N 1,.. mr ' ... nu.
Sfat .
P. 0 S 157-m 3G
A° J O
0
OFM OF =WTV MUSWk SAKM CLARA CWJkT% CAUFOW"
LE1 0 IOE
1.1.SEC.co..
20.10 1350.54 9 2743f2 16 T8SPLIW
;20.00 AC. 92S2 AC.;
r
CTLM
C" LV-4TA'ATW,*Cszr.
EO com
so
=ASS'
EISOR
uix CL
LL
5 X
52 AC NET —
34 At r-L.
MAI
wrm
't CA-
94.nC.L
5.27 AC MET Ii w CL
... ------------
4K40
PCL.C 17
8.75 AC. +IPCu �o �,
L----------
15 \ ioo
10 36.72 AC.
IN
m—st
36.72 AC.
PCL. A
16.35 AC.
•
/0
WB
ul
3.00 AC
7
-- -----------
OFFICI OF COLWIV Aii'SiOA•••SAM CAARA C010(l, CAUFORNM
AOOR FBI
562 10
575 B
O
r�lIII:o
AR.OIABlO MERIDIAN TP 9S.,0.1E. )AT
TPBS,RIw. TP.9S,RIw. •
a:liA: il)7Ad IixAC) (7 9 I(41.41AC) 16 —ru
B .( � r t„\ 16 (�o'AAO 1 � tL1AV 8 1(4o ftAU '
� •(ztOSAC) .
n
(IS-9m) -...
1t C<R
I 3B."K.TOTAL ,..1/
_ _f- _
;:<;:=C 22 (3?aid zI I(4a94Af) 10 ;(4094AC) �� ) / � � - 41K 9
B 6 I9 (a451JKJ 7 I(<091AC)S10 y<:4IA IS :F-_a
7 2 S �j
+sx� _
SS).04 AL.TOTAL —` MIDPENINSULA 3 -
6uK1 _
1 T iI REGIONAL E
5`T ? aos7Ac 6 _�.��-- 19 (160AC) (ISaOAC) )B ----
0197AC) / ( 6 40964C) 1I !aIUAC; 14 -
I1 is
9 14 I l� 21L.II IC TOTAL -
(2S.RAv
WE, MIDPENINSULA REGIONALA.
. OPEN t SPACE DISTRICT
OPEN; SPACE DIST. ��� I 123.23 K.TOTAL
4 40:94C 5 (4019AC) 12 8 '(40.gAC) 13 (4C97K.) S --�(40SIACi 5 (4096AC) 12 4141AC• 13 _
iIST.S2 At TOTAL �M1l
V !2 1/2 INT.
e» 1
so Af
• I
`A 1 55B
aCrK'
Atv{ Tau"..""N Slt.,,i
AIFRI [.CAll.r�~S 1"ISS0 R
O
R'11
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY- 1990
'he followingmatters are expressly excluded from the coverage of this policy and the Company will not P Y g P cY P Y pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
(a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (if) the character, dimensions
or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or
or area of the land or any parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or
for the estate or interest insured by this policy.
1. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which
the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
,. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
n addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I
1. Taxes or assessments which are not shown as existingliens b the records of an taxing authority that levies taxes or assessments
Y
Y g ty
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public records.
Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
+. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
AMERIC:AN LAND TI'T1E ASSOCIATION OWNER'S POLICY- 1992
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (if) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or GO environmental protection, or the effect of any
violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect , lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be bindine on the rights of a p haser for
value without knowledge. EXHIBIT
ORT 3157-F(Rev 1-1-95) ( Continued on next page ) Page �"? Of
i
, f
EXHIBIT A(Continued)
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b)-not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at
the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970(Rev. 1992)
WITH A.LTA ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating
or prohibiting the occupancy,use or enjoyment of land,or regulating the character,dimensions or location of any improvement now or
hereafter r on the land or prohibiting a separation inownership a erectedor a reduction in the dimensions or area of the land or the
P g ,
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown b y the public records but known to the insured claimant either at Date f Policy r eo a o a
F Y ? P cy
.,the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed it
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting it
no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent insurance k
afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for
street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner
of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated.
5. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similiar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulew
transfer; or
GO the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.LTA ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, o j
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; GO the character
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or GO environmental protection, or the effect o
violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation-affecting the land has been recorded in the '',
public records at Date of Policy.
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise therof or a notice o
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but no:
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchase
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosec
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this oolicv
( Continued on next page ) EXHIBIT
ORT 3157-G (Rev 1-1-95) Page Iof
r
EXHIBIT A(Continued)
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or the extent Insurance is afforded herein as t(
assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgagge
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or tht
inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in which
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidences
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or material
over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commence('
subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgag,
which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of th,
operation of federal bankruptcy, state insolvency, or similiar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, of
GO the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitabl�j
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferenti<
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TTTIE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY- 1987
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zonin
ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date.
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records.
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covere
Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
to any and outside the area specifically described and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquir
of parties in possession of the land.
2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covere
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit th
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exception
in patents or in acts authorizing the issuance thereof.
EXH1131T #4
ORT 3157-H (Rev 1-1-95) Page 34—Of
I
Open Space
R-95-68 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-16
June 28, 1995
AGENDA ITEM
Proposed Addition of the General Convention Property to the Sierra Azul Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Adopt the attached resolution authorizing approval and acceptance of the Purchase Agreement -
Defeasible Fee for the General Convention property.
2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this
report, including naming the property as an addition to the Sierra Azul Open Space Preserve.
3. Indicate your intention to withhold dedication of the property as public open space at this time.
4. Determine that the recommended actions are categorically exempt from CEQA as set out in this
report.
DESCRIPTION (see attached mav)
The 162-acre General Convention property is adjacent to Sierra Azul Open Space Preserve and near Lake
Elsman in the Los Gatos Creek watershed. The property and surrounding preserve form an expansive area
of open space, providing the scenic backdrop to the neighboring community along Summit Road. In
addition to the property's scenic qualities, it provides valuable wildlife and watershed protection.
The site is bounded in part by District lands to the west, north, and east; San Jose Water Company lands to
the west, east, and south; and private property to the west and northeast. The terrain is generally very
steep, with the exception of the upper portion of the site where there is a prominent hilltop with gentle
sideslopes. The lower portion of the property is densely vegetated with redwoods, Douglas firs, and
maples in the deeper ravines. The ridgetops and south-facing slopes were included in the burned area of
the 1985 Lexington Hills fire and are in a state of transition from grassland to a chaparral plant community.
The property is undeveloped and an overgrown roadbed crosses the northwest corner, originating on
District land near Wrights Station. This road could potentially provide a loop trail connection with other
existing trails in the area.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is in the unincorporated area of Santa Clara County zoned hillside, requiring 20 to 160 acre
minimum lot size. The property is rated in the District's Master Plan as having low to moderately high
330 Distel Circle * Los Altos, CA 94022-1404 * 11hone:415-691-1200 *, FAX:415-691-0485 * E-mail: mrosd@netcom.com
Board of Dirvoors Pete Siemens,Mary Davey, Teena Nen,haw,Ginny Babbitt, Nonette Ftanko, Betsy Crowder,Win]de Wit
General Manager L.Craig Britton
R-95-68 Page 2
composite open space values. The site is particularly important in terms of protecting natural vegetation,
watershed, viewshed, and wildlife habitat.
Preliminary Use and Management Plan Recommendation
Dedication: Indicate your intention to withhold dedication of the property at this time.
Name: Name the property as an addition to the Sierra Azul Open Space Preserve.
Signs: Install preserve boundary signs where appropriate.
Site Emphasis Description: Conservation Management Unit (CMU)
Public Safety Review: Staff performed a preliminary inspection of the site and found no public safety
hazards.
CF,QA DETERMINATION
The acquisition falls within a list of classes of projects which have been determined not to have a
significant effect on the environment and are therefore categorically exempt from the requirement for the
preparation of environmental documents under CEQA (the California Environmental Quality Act).
The recommended actions are categorically exempt from CEQA under Sections 15316 and 15325 of the
CEQA Guidelines. Section 15316 exempts the acquisition of land in order to create parks, if the site is in a
natural condition. Section 15325 consists of acquisition to preserve open space. This acquisition qualifies
under both sections. The actions are also exempt under section 15061, as there is no possibility the actions
may have a significant effect on the environment.
TERMS AND FUNDING
The ultimate purchase price for the property would be $226,000 ($1400 per acre) for this mountainous
quarter section of land. This transaction is a "defeasible fee" acquisition, which means that as long as the
District pays the $10,000 annual fee, the District retains and manages the property. At the end of five
years when the District's financial situation has improved (hopefully), the District would be required to
either pay for the property or deed it back to the owners. In the anticipated event of completing the
acquisition, one-half of the annual payments would be applicable against the purchase price. On that basis,
the lost annual payments of$25,000 amount to a 2.2% interest rate during the defeasance period.
Prepared by:
Del Woods, Senior Planner
Contact person:
L. Craig Britton, General Manager
11
? �''' , ; jo
17
\hrR �\
i
H^• o -
Y F
i PROPOSED •.
{ • gg�� 3 •
'\� • • • � �c� � //.�.. +,�l, a�� ��r? fly /�/• s" ��� ,,�/�/E��?�� �.,� � i ::.
_:� �� � �is��' � �x/,� @ ��� +enY4 C`f��P \ / p•h/(�# r5�, C�// �..
pw
f „y ,� �, i LSl�G ti�4�'g, ) x��`�i�'�1ic��.�!r�'�1.:\` ��L� q...�t�/..�• tb6� .*\\�\y '^Y � �t_
MIMyr4\`ac/4;•M^� ;T.F. ?�50 �-6..:3 • '° a\.';'3c-- s'� i�3
A Al
z .� `�^°°°� � i r„ '•^�.,� � vet o\ �,...' sS� ; ��E �.'� ../ -�i;
I'� �. ] � ��g".'�' ) /�L�w'hi '�x�9%��4 k'��/ •'e➢6:�E.¢/ .::�t'.d,��3f� t. .`.N M� ',s
RON
VON
NIX
.. x 4 � t •4
x
I
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT - DEFEASIBLE FEE, AUTHORIZING
OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE
OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN
SPACE PRESERVE - LANDS OF GENERAL CONVENTION
OF THE NEW JERUSALEM)
The Board of Directors of the Midpeninsula Regional Open Space District does
resolve as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept the offer contained in that certain Purchase Agreement -
Defeasible Fee between General Convention of the New Jerusalem (Swedenborgian Church),
an Illinois non-profit corporation, 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 Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given
appropriate notice of acceptance to the seller. The General Manager further is authorized to
execute any and all other documents necessary or appropriate to the closing of the
transaction.
* * * * * * * * * * * * * * * * * *
PURCHASE AGREEMENT - DEFEASIBLE FEE
This Agreement is made and entered into by and between GENERAL CONVENTION OF
THE NEW JERUSALEM (Swedenborgian Church), an Illinois non-profit corporation, herein-
after 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, 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 subject to possible defeasance 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 (subject to defeasance), Seller's real property located within an unincorporated area of the
County of Santa Clara, State of California, containing approximately One Hundred Sixty One
and Seventy One Hundredths (161.70) acres, more or less, and commonly referred to as Santa
Clara County Assessor's Parcel Nos. 558-01-023 and 562-03-001; said property being further
described in the legal description attached to Preliminary title Report Number 555358, dated
December 6, 1991, from First American title Guaranty Company; said title report attached
hereto as Exhibit "A" and incorporated herein by this reference. Said Property to be conveyed
together with any easements, rights of way, or rights of use which may be appurtenant or
attributable to the aforesaid lands, and any and all improvements attached or affixed thereto.
All of said real property and appurtenances hereinafter called the "Subject Property" or the
"Property." Initial conveyance (Section 2.1 herein) to be effective on the date of final execution
of this Agreement by District in accordance with the terms hereof, and in the form of Exhibit
"B", as attached hereto and incorporated herein by this reference.
2. Purchase Price and Conditions of Defeasance
2.1 Immediate Fee Title. Subject to Defeasance. On or before July 1, 1995, District
shall tender the first interim payment of Ten Thousand and No/100 Dollars ($10,000.00) as
Purchase Agreement - Defeasible Fee Page 2
further described in Section 2.3 and Seller shall deliver to District fee title in the form of an
executed recordable Grant Deed to the Property (Exhibit B), subject to defeasance as further
described below.
2.2 Nature and Conditions of Title. Until District makes the payment specified in
Section 2.5, District shall hold title subject to a fiduciary trust responsibility of reconveyance
to Seller. District shall not have any right, until it makes the final election to retain ownership
of the Property as provided under section 2.5, to transfer, encumber or impose any conditions
on the Property or any part thereof. Notwithstanding the foregoing, District shall not be
prohibited from using or taking any action necessary to maintain the Property for public park,
recreation, conservation and open space purposes.
2.3 Interim Payments. District may retain the right of ownership by making a payment
of Ten Thousand and No/100 Dollars ($10,000.00) on or before July 1, 1995, and annually on
each July 1 thereafter through 1999. One-half of each such payment is to be applied toward the
"Purchase Price" of Two Hundred Twenty Six Thousand and No/100 Dollars ($226,000.00).
If District fails to make any such "Interim Payment", Seller may demand that District make
such payment. If District then fails to make such payment within 14 days of Sellers' demand,
then District shall be deemed to have elected not to retain ownership of the Property and District
shall reconvey the Property to Seller as provided in Section 2.6.
2.4 Notice of Final Election. Provided District has made all required interim payments
as described in Section 2.3, District may, on or before July 1, 2000, give Seller written notice
of Districts' intention to retain ownership of the Property. If District fails to give such notice
on or before July 1, 2000, Seller may, on or after July 1, 2000, demand that District give notice
of District's intention to retain ownership of the Property. If District then fails to give notice
within 14 calendar days following Seller's demand therefor, District shall be deemed to have
elected not to retain ownership of the Property and District shall reconvey the Property to Seller
as provided in Section 2.6.
2.5 Election to Retain Ownership. If District makes a final election to retain ownership
of the Property as provided in Section 2.4, District shall deliver to Seller, through escrow, as
provided in Section 3 of this Agreement, not later than sixty (60) days after July 1, 2000, the
total "Purchase Price" for the Property, which shall be Two Hundred Twenty Six Thousand and
No/100 Dollars ($226,000.00), less the credits of Twenty Five Thousand and No/100 Dollars
($25,000.00), provided for in Section 2.3 above. Upon receiving notice of District's final
election to retain ownership Seller shall become obligated to deliver to District, through escrow
as provided in Section 3 of this Agreement, a Quitclaim Deed releasing all of Seller's right, title
and interest in and to the Property, expressly including the conditions created in this Agreement.
2.6 Election Not to Retain Ownership. If District elects not to retain ownership of the
Property, District shall immediately reconvey the Property to Seller, subject only to the same
conditions and encumbrances as when initially conveyed to District and the provisions set forth
below. Seller shall be entitled to retain all monies paid as Interim Payments under the terms of
Purchase Agreement - Defeasible Fee Page 3
Section 2.3 above. Such reconveyance shall be effected not later than sixty (60) days after July
1, 2000. The rights of Seller under this Section shall be subject to specific performance.
3. Escrow and Closing. Providing that District elects to retain ownership of the Property,
as provided in Section 2.5, an escrow shall be opened at First American Title Guaranty
Company, 329 South San Antonio Road, #8, Los Altos, CA 94022, phone number (415) 941-
3320, or other title company acceptable to District (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 on or before
sixty (60) days following District's written notice of election to retain ownership of the Property
to Seller, 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 Quitclaim 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 Quitclaim Deed covering the Property and expressly releasing all right, title and
interest under this agreement.
(d) District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Quitclaim 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 Two Hundred
One Thousand and No/100 Dollars ($201,000.00), the Purchase Price less the credits, as
specified in Section 2.3 above.
(e) District shall pay for the escrow fees, the CLTA Standard Policy of Title
Insurance, if required by District, and all recording costs and fees. All other costs or expenses
not otherwise provided for in this Agreement shall be apportioned or allocated between District
I
Purchase Agreement - Defeasible Fee Page 4
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 First American Title Guaranty Company, or other title
company acceptable to District, 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 $226,000.00 for the Property showing title to the Property vested in fee simple in
District, subject only to: (i) current real property taxes, (ii) only title exceptions 3 and 4 as
shown in said Preliminary Title Report (Exhibit A), and (iii) such additional title exceptions as
may be approved in writing b District prior to the closingas determined b District in its sole
Y PP g Y Y
absolute and unfettered discretion.
I
(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 Quitclaim Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, j
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 Two Hundred One
Thousand and Nol100 Dollars ($20 1,000.00), or other agreed to amount as described in Section
2.5, less Seller's portion of the expenses described in Section 3.(e), and to District or Seller, as
the case may be, all other documents or instruments which are to be delivered to them. In the
event the escrow terminates as provided herein, Escrow Holder shall return all monies,
documents or other things of value deposited in the escrow to the party depositing the same.
4. Rights and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated for any reason, all parties shall be excused from any further obligations
hereunder, except as otherwise provided herein. Upon any 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 Premises. 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 -e,-t =. Seller understands and agrees that the provisions of this paragraph
shall survive the close of escrow and recordation of any Deed(s).
i
i
Purchase Agreement - Defeasible Fee Page 5
� g
6. Seller's Representations 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:
6.1 Authorii1 . Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
6.2 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 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.
6.3 Good Title. Seller has and at the time of initial conveyance of fee title to District
shall have good, marketable and indefeasible fee simple title to the Subject Property. Previous
to Seller's execution of the Grant Deed for the Subject Property, Seller has not conveyed any
right, title or interest to the Subject Property to any person other than the District. The Subject
Property is free of encumbrances made, done or suffered by Seller or any person claiming under
Seller, including unrecorded encumbrances.
7. Integrity of Propg y. 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 Waste.
(a) Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901
et seq.)
(b) Representations and Warranties. Seller hereby represents and warrants to
District that, to the best of Seller's knowledge:
I
Purchase Agreement - Defeasible Fee Page 6
(i) The Property does not contain any Hazardous Waste or underground
storage tanks;
(ii) Seller and the Property are in compliance with all applicable federal, state
and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to
n
Hazardous
Waste g
or underground d storage tanks
(iii) At the time Seller acquired the Property, Seller did not know and had no
reason to know that any Hazardous Waste was present, used, manufactured, handled, generated,
stored, treated, discharged, buried or disposed of on, under or about the Property, or had been
transported to or from the Property;
(iv) Seller has not undertaken, permitted, authorized or suffered, and will not
undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation,
storage, treatment, discharge, release, burial or disposal on, under or about the Property of any
Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste;
(v) There is no pending or, to Seller's best knowledge, threatened litigation
or proceedings before any administrative agency in which any person or entity alleges the
presence, release, threat of release, placement on, under or about the Property, or the use,
manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under
or about the Property, or the transportation to or from the Property, of any Hazardous Waste;
(vi) Seller has not received any notice and has no knowledge or reason to know
that any governmental authority or any employee or agent thereof has determined, or threatens
to determine, that there is a presence, release, threat of release, placement on, under or about
the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial
or disposal on, under or about the Property, or the transportation to or from the Property, of any
Hazardous Waste;
(vii) There have been no communications or agreements with any governmental
authority or agency (federal, state or local) or any private entity, including, but not limited to,
any prior owners of the Property, relating in any way to the presence, release, threat of release,
placement on, under or about the Property, or the use, manufacture, handling, generation,
storage, treatment, discharge, burial or disposal on, under or about the Property, or the
transportation to or from the Property, of any Hazardous Waste.
(c) In mni . Seller shall indemnify, defend and hold harmless District from and
against any legal or administrative proceedings brought against District, and all claims, liabilities
losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney,
engineering and other professional or expert fees, directly or indirectly arising from any breach
of the warranties or representations contained herein, or the existence of any hazardous
substances of any kind on or in the property, except for any hazardous substance contamination
which occurs solely after initial transfer of fee title to District pursuant to Section 2.1 of this
�I
Purchase Agreement - Defeasible Fee Page 7
Agreement. In addition to any remedies provided in this subsection, in the event Hazardous
Waste is subsequently found to exist on the property, District may exercise its right to bring an
action against Seller to recover an cleanup, repair or remediation costs from Seller and/or an
g Y P� P Y
other person or persons determined to have responsibility for the presence of Hazardous Waste
on the Property.
9. Waiver of Statutory 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 Provisions.
10.1 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.
10.2 Attorney' 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.
10.3 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.
10.4 Rights Cumulative. Each and all of the various rights, powers and remedies
of the parties shall be considered to be cumulative with and in addition to any other rights,
powers and remedies which the parties may have at law or in equity in the event of the breach
Purchase Agreement - Defeasible Fee Page 8
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.
10.5 Notices. Whenever any party hereto desires or is required to give any notice,
demand, or request with respect to this Agreement (or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
de Po
livered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express
or other private messenger, courier or other delivery service or sent by facsimile transmission
by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated
as follows:
Seller: General Convention of the New Jerusalem
48 Sargent Street
Newton, Mass 021958
Attn: Edwin Capon, President
(617) 964-3258
FAX (617) 969-4240
Copy To: Larry W. Telford, Esq.
Severson & Werson
One Embarcaderro Center, 26th Floor
San Francisco, CA 94111
(415) 398-3344
FAX (415) 956-0439
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
(415) 691-1200 (VOICE)
(415) 691-0485 (FAX)
Copy To: Susan Schectman, Esq.
District Counsel
If sent by telegraph, cable, telecopy and other facsimile transmission, a confirmed copy of such
notice shall 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 indicated by the addressee's registry or certification receipt or at the expiration of the third
(3rd)business day after the date of mailing, whichever is earlier in time. Any party may change
its address for such communications by giving notice thereof to the other parties in conformity
with this Section. Nothing contained in this Section or otherwise in this Agreement shall excuse
Purchase Agreement - Defeasible Fee Page 9
any party from giving oral telephonic notice when prompt notification is appropriate, but any
oral telephonic notice which is so given shall not satisfy the requirement of written notice as
specified in this Section. The foregoing provisions regarding the giving of notice by any party
shall be applicable to all notices given hereunder or under any of the Exhibits hereto.
10.6 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.
10.7 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.
10.8 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.
10.9 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.
I
10.11 Survival of Covenants. 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 Assi ng ment. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party without
the prior written approval of the other party.
10.13 Further Documents and Acts. Each of the parties hereto agrees to execute and
deliver such further documents and perform such other acts as may be reasonably necessary or
Purchase Agreement - Defeasible Fee Page 10
appropriate to consummate and carry into effect the transactions described and contemplated
under this Agreement.
10.14 Binding, on Successors and Assigns. This Agreement and all of its terms,
conditions and covenants are intended to be fully effective and binding, to the extent permitted
by law, on the successors and permitted assigns of the parties hereto.
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.
10.16 motions. 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.
10.17 Pronoun n References. In this Agreement, appropriate,if it be a ro riate, the use of the
0g
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. This Purchase Agreement and the exhibits hereto have been prepared at
District's expense, and in consideration of District's efforts and expense in such regard, Seller
agrees that District has provided sufficient consideration for the irrevocable offer provided
hereinbelow, such firm offer period being necessary for District's approval process as a
governmental agency. Provided that this Agreement is signed by Seller and returned to District
on or before June 21, 1995, District shall have until midnight, June 28, 1995, to present this
Agreement to its Board of Directors for acceptance. From the date of execution of this
Agreement by Seller until acceptance by District in accordance with this Section, 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.
/ll
/I/
Purchase Agreement - Defeasible Fee 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 SELLER
SPACE DISTRICT
GENERAL CONVENTION OF THE
NEW JERUSALEM
A TO FORM: Swedenbor ian Church
APPROVED S ( g )
Susan Schectman, District Counsel By: S
Edwin G. Capon, resident
REC ED FOR APPROVAL:
Date
L. Craig Britton, General Manager
J
By:
APPROVED AND ACCEPTED: betty Y i, Secretary
1 q
President, Board of Directors `
Da!�/ i
ATTEST:
Jean Fiddes, District Clerk
Date
i
First American Title Guaranty om, any
PREUMINARY REPORT
Note:
Before the transaction contemplated tyy this report can be dosed, the sailer must furnish a correct
Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with
the Internal Revenue Service. This procedure is required by Section 6045 of the Intemal Revenue
Code and the seller may be subject to civil or criminal penalties for falling to furnish a correct Taxpayer
Identification Number.
FIRSTAMERICAN
TITLE GUARANTY
ALL
INOUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE
PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO
THE ESCROW OFFICER WHOSEADDRESS AND PHONEE APPEARS IN THE UPPER RIGHT NUMBER ARE SE ETD CORNER
BELOW:
First FOLLOWING PAGE AND WHOSE
First American Title Guaranty Company
329 South San Antonio Road, #8
Los Altos, CA 94022
(415) 941-3320
EXHIBIT
Page _Of �
t122791 rs
APPLICANT: ESCROW OFFICER : Maryann Wakefield
CAL : (415) 941-3320
FAX NO. : (415) 941-7982
Midpenninsula Regional ESCROW ORDER NO. 5553rA
Open Space District TITLE ORDER NO. : 555358
Attention: Craig (Britton TITLE OFFICER : Cathy Hook
201 San Antonio Circle, Suite C-135 CUSTOMER REFERENCE
: None Shown
PROPERTY ADDRESS No Address fable
Mt View, CA 94040
COPIES TO: None
Subject to a minim charge required um a wired by Section 12404 ofthe Insurance Code. The form of policy
of title insurance contemplated by this repot is: A CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY
OR 990,ITOWNER'S
PO ICY,AND IS ADESIRE SPECIFIC REQUEST SHOULD
BE MADE IF ANOTHER FORM
In response to the referenced application for a policy of title insurance, this Company hereby reports
that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in
the form specified above, describing the land and the estate or interest therein hereinafter set forth,
Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown
or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached.
Copies of the Policy farms should be read. They are available from the office which issued this report
This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating
the issuance of a tpolicyIssuance
�title anceof a ofability Is title insurance,aa Binder f
It is desired that liability
be assumed p
uder of
prior Commitment should be
o
requested.
M
Robert J. Gllardoni
Title Operations Manager
EXHIBIT *4
Page �of •
Order No. 565358
Page 2
Dated as of December 6, 1991 at 7:30 am.
Title to said estate or interest at the date hereof is vested in:
GENERAL CONVENTION OF THE NEW JERUSALEM (Swedenborglan Churches)
The estate or interest in the fond hereinafter described or referred to cowered by this Report is
A FEE
AT THE TCONTRA�NED OF ENCSA�DIPOLICYONS OFOR�M WOULD BE AS FOLLOWS:VERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS
1. TAXES for the fiscal year 1991-1992
1st Installment $100.28, paid
2nd Installment $100.28, unpaid
Land $99,204.00
Improvements $-0-
Personal Property : $-0-
Exemption : $99,204.00
A. P. No. : 568-01-023
Code Area : 80-0
Affects Parcels One and Two
2. TAXES for the fiscal year 1991-1992
1st Installment : $6.27, paid
2nd Installment : $6.27, unpaid
I„" : $13,443.00
Improvements . $-0-
Personai Property : $-0-
Exemption : $13,443.00
A. P. No. : 562-03-Wl
Code Area : W-008
Affects Parcels Three and Four
3. THE LIEN of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. Ant rights to water and the right to conduct the same over the herein described premises as
disclosed by Deed to Nellie H. Briare recorded November 8, 1902 M Book 257 of Deeds at
page 594 and subsequent Deeds of record.
5. THE PROVISION that the vestee herein is a legal entity entitled to do business in the State of
California
EXHIBIT
Page -3-0f
Order No. 555358
Page 3
- _ - assasrssarrsass:ssxaxssarsarsraasssssassrsarsssass:assess
LOOK! Another FIRST AMERICAN CUSTOMER FIRST
feature with you In MINDI
a srs:rsa:ssrsasassssasrasarsassrasraxssassarzssasrsssasazs
INFORMATIONAL NOTES:
A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described
property recorded within two years prior to the date thereof except as follows:
NONE
B) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5
years.
C) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation
Fund.
D) SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand
based on equity transferred.
EXHIBIT
—A
Page AVo f�
Order No. 555358
Page 4
2LEGAL DESCRIPTION
REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California, described
as follows:
PARCEL ONE:
The Southeast One-quarter of the Northeast One-Ouarter of Section 23 (twenty-three), Township 9
South, Range 1 West, Mt. Diablo Base and Meridian, excepting a lot of about one acre, deeded to Mrs.
Nellie M. Briare, by deed recorded in Vol. 320, page 83, of Deeds, Records of Santa Clara County.
PARCEL TWO:
The Northeast One-quarter of the Northeast One-quarter of Section 23 (twenty-three), Township 9
South, Range 1 West, Mt. Diablo Base and Meridian.
PARCEL THREE:
Lot Four (4) of Section 24 (twenty-four), Township 9 South, Range 1 West, Mt. Diablo Base and
Meridian.
PARCEL FOUR:
Lot Frio (5) of Section 24 (twenty-four), Township 9 South, Range i West, Mt Diablo Base and
Meridian.
APN: 558-01-023
I
EXHIBIT
of:W
O/IIC[ or COUNTY ASS[SSON- 'SANTA CLANA COUNTY, CALIFORNIA 0 0 0 A �►A G[
TOWNSHIP 9 SOUTH -RANGE I WEST
1 ■ 400'
IS IIL AMM[MOIO MAP M061 $/IS —&1,4 113
22 2 ja ssA.�t Aa» 23 24
1.J.•'.K LOT ISSN AZTAC
1 �_l 38.00AC. 4000 AC. 79 Oo AC.
54 25 AC
9 i 1� s��`
4 MIOPENINSULA REGIONAL
1
•'jf IYr RO •►so
OPEN SPAC E DIST.
a 2.00Ac.
9Q - A _ `^ sot w■ �.•
� trtt
».s2ac. z ,nl
•'''�+' w•A � �`fin-r�u i �� ("
•• ♦ ; 1 � x V J.w K LOT 155
• ____�'�"��� i JW W. LOT 60-A
�♦ Ly sty aooAC !rA
\ C C`
\\ ji "fie t
♦ AI
Iv �{ � 1 : L ti •
Ls9K.
�.
iJwrt � �•
� � \��� �IA21 j MA►ri
� I
\ I
LOT"I
No eK
•�1+
i
-- OrrICS Or COUNTY .lfuSO4...SAWA CLA4A CoLoM,(,AUFORMIA
is is 562 l�y�
89/ 90 ,RM
IcA�� 1
3
21.75 AC.1 nlxAt.l 1 1
jw§4 4 1
42.74 AC TOT4L
1
LimPEMIMSUL, 4EG10M+� LO `�R.
O►E M PACE GIST., , 1 OA,
NL70 IL.TUML -- -
1-----'+- 1(uWE)
w�7A4 7
3 1
1me
—W E
55A o 1 f i r ►+ O ` S�
42AA6 10 ,
...� 74MAL ; � SCALE f•,pp�
1
If LOT 3DA
AW
w
I VAZ.STA: J 1
1 &1W.Mt LOT 451
1
oli
rn
t 1 2 # 1C 1
1 �
w >< N p�E 25 �
T - p SURVEY OF THE
A Z 1
co THIS <wAP,I' f�1AYl Q4�tMAYN�j 11 1:oT TO BE RELIED
i1ENTING
THE
c
TLECO'�ti� ,: �•'. .� .I1. ti:.;Llf�iil ETHERF01�
OR DAMAGE kEv U L�
s� I I
a a
g a o
a n b
a lk
arm a _
a a
� ,1: a
'a t Eels
� _
y a W A.
a S S
$ �E fig �QQi a a a
W v aim is O a
JV IL us
UA
5 ara b S g
S c b S "� z0 > , a g Ia a OF
is
FC392„ is a BLS ' o b as ' $ o
z 8 p S O � a c h
O_ G b 5 2t 5 H W fi -1 A
(/lOw a s I OO _ t � sa x g y �{ W W
OC U. a a S FS i a o o = a �e ac q
$ =� o °� R�iyL�iy bL? �r a fR of
"AG A CA a " A
g c
O o 8 .� g g
O is
O — S a "a a — a ca
ca fi a}ha� pp a rE p R a
o E
15 w
b at,sa n b v — sS Ji a k 3
a S }a� b Zr t a f3 a .n
8 b ff3
M G 3t G a act n
a I a 1
j a
a G a a
ajai s �y b s
n w a s t0
a5a ,ni� 6
�Ago 9i'a s
a 31 3
� � � ..: N wf i rf d � r N d � ui ♦o �
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By POIICy type)
1.CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1290
SCHEDULE 8
pCUTIM F"COVERAM
The policy
dou rod Mee agahsst loss of dervape(vnd fne Co nps+y"I,no M oft Mmgyr lea at rrperases)Which a8e by ream Ot
t, as usting liens by Tutees a usesvois'�'art not~ fss records d am adng aftM fm tuna taxes a assesamrts on real poperb a by fa p�records.Ptoaedngs b�apt✓ apraq weld+
miry result in ems or assawnem.or notice of such poceedings,whdhr or nor own by fu records of such agency or by fa Public m0ards.
2 dyty facts,rigm.htaats a ciaft which art not ftw by fm public mcoffs but wNcb COW be aseatie*by an d fne cod a eekh may be asserted by tx�ss in t
fiaaerrwtb.Yens a�.a claims feed.*%ch ve rod shown by fa public records
4. Disaviox cies,cadlids in boundary nieces,slartaDe in am.rrcroaftw ls,a am ofw bets wrath a cared coney would disclose.and wNdu se not snoeen by fne public necerds
5 (a)ilnpalrtotd minrg wire:(b)msrvabort a eaceptiert inpalerts a in Acts attaching fa tssamnce thereat(c)cow e4 claims or fife ID saw.w wdw a not on maws rcepasd under W.tb).a(d1
us shown by fne Public wcordL
O CtU5 M FROM COVERAGE
I
The loltowin4 enure are expcaslY euhded hen the covra0e d tlnlS policy ad fne Ccmpay wW no(pay son or danne0e,caps.ldw*s'tees a etpraea wNch glee by mason d:
I.
W All lout,arduance a povermwttai reputation(including but not limited m building and coning taws.ordinances,a cequlabort)rahidnhg.reQuwirq.Pr i niDit d a oiom r (n of occupancy.l use,a
d fne land;(nj fne daracbr,dimensions a locaaw a uy impovernert now a hereafter muted on fne rand:tiHl a separation n oWrwstnp a a charn9e n fne dnartsions a am d the land a ay rod d which
fne tad is a wu a Pert a('av)rnvironrnertal prolmtien a the eRed d any violation d uw laws,wdirances a governme al regubtiaa.MW b fm runt fm a now a fne N*Mwnwt faoot a a"doe
d a debd icon or encwtw a rea+ltng hen a viomio n or alleged vbww afafng fm lad to been reaxded in dhe public records al Dab a PoYq.
(t) Any gcnrrrrnrtal
police pDww not ess11 by(a)above.000 to fr mart to a notice d fne rmrsise fared or a ndia d a debct Yen or rnantbrarae"MOM tram a vt mdm a w4ged vblettla a NON
fa lend has been mcorded in fne public records al DM of Policy.
0
2. Rights d rninert domain Was nodal d fne exercise t in fa public M=ds atlDee d Fblicy,but nod eakdn0 ham aovaa0e riy tilting wltidl tl�awnd Dda b Dab d policyM+icA
would be binding an fn rights ol a purctnuer
1 Delects,tiers,rautnbranaa,adverse dal m or once mews
(a) whedw or ed in f+e not record public records at Date of Policy,but aeated.su kW,assumed agre aped to by fn irtueed clannnt
(D) not leaWn to fne Cornpay,
not receded n fne public meads al Date of Policy.tout lenown to fne insued d2onart and not disclosed n wrung to fa wv"by fte inued dairt pia b fa dab fa h ww
clamant became an owed under vu policy:
(e) result n no loss or damage to fee hand danwt
(d) a WwV or aeated wbse0uent to Dee of Policy.Of a for fne esrile a ittrea1 insued by funs porky.
(e) mm"n loss or damage which would not toe been suaained f fm nstned claimant had paid afire lac Me nsued.magage
4. (hwtorcubility of fne mien d fte insured mortgage because of fne b%61 y Of atue of fne insured at tote of Policy,or the kabiilty or taion of ay subse0uvt owner of fr idebbdness,b Comply win►fa vptiraw
*mg dances'lows of fm state in which fie land is s nw.
S. hnralidity a unedaaabiilty d f,e llen d fro trssuW magage a claim fmreat which vises aril d fu haaadim avid tud by fa nwred mtottgape ad Is based upon eery a ay MOM ago poteclbm
or firth in lydicng taw.
IL Any than.which wises out a fne"NOW resUrq n fne irmaea fne essate a redder eaued by fnerc poky a ra trarmdwrt creating fa inbrest d fa insued lerndv,by rasorn d fa OF d NO
baMauptcy,stale irsoMncy at snntiv aeditaY riders bars.
2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8.19T0 (AMENDED 4 40)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
t. Any law.ordinance a gownmenbi repow(including but not limited b taalolng and wing adirnactas)r WON a roputvinp a D MnO tlna accuDark7.use a er1 ftlanl a fa cod.a m f v violation
fa fescue,
dOwaiorn or bWm d ay impr wine nt mar a hwalbr reeled an tlne rand.a prol*Wq a sepwoon n wnrship a A M*Abw n fa dnansiora a sea d fa tad.a fr efed d wry 0lolallon d vM
wch lane.ordnance Of gawwwnei reputation in fa pubic records at 00 d Policy.
2. Rvha d anirwt domain a gove m o tal ri e d police pow unless notice d fine ennrdse d wch rghb appers
Detects Yerss ernambra nos,adverse daimss a d!w mmws(a)anted.noWed,assumed a speed to by fine rowed cement{b)nor hewn b fa Carpvty and not stows by M 0 rears lad WON
b fm Ow claimant e"at Date d Policy a al the dde ins unch M b an sW O tenet(> clw9 or vowd wbse0ue t b DebraW (s) 0 n ="ydo in whidt vrodd malt
Yssued danaot Deem an in ow hecvAW(c)raatlirng
Mee Dean stssaerod f fr rowed carnet tad paid value w fr astae a inure I inured by fub PWq. �n a fa operation d bderal ba k*q,slab ONINMncY a sunnier cletfitot!dghb rums:
4. ley claim.*Kh aim out d f,e Wmcbw vesting in ff itt a�ed fr esnb a inbreat kou ed by fna polity,by
S.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8.12"(AMENDED 41-90)
WITH REGIONAL EXCEPTIONS
When fte American land Tilde AssocWw pocky is used as a Sadad Coverage Policy ad not a vt 6drnded Coverage Policy fa eachalons oral bnh n Pv igr,11 2 above am used vd!ha billowing reaparls le courage
aPpea n flu ply. SCHIMM p
This policy does not i agssl loss a air damage by ream d fr mews shows inputs
nsure as and toe tdlwh+a
Part ons e fm levies moss a usewMb an tea►P QWtV a by fa public er
necorda
t. Taxes a Wnidn ere net goo as cresting Bert by f+e rcords d ay Wong au maty
2. Any lads.e#ts.interests,a claims width am nd mown by me putnik records lout 4'ch could be ucerGined by an inspection d said tam a by malting nnTndln a persorss n p "freed
1 Eue menus,claims d easmrt Of vwxr&x cos moo am not shwa by fine public records
e
ik"Ong
4. Dwspw jM conflicts inboundary lino.shortage in area.rnamednmernls.a any ofnr tads ON a coned OrM would disclose.and wtnich ale not shown by Public recaidaT
b LtVaterted mining cbnss;reswv too a exceptions inpawe or In AM fine issa once f cot raw rldts. biass a we b cow. E J tl t l
6 Ary lien,aright to a lien.br services.Ww a nmaial he omb a tweew Amished.imposed by taw and nd stavn by fr public neoadi
IL
Jr.
Oil CD a
Z'S
z
z
op
O
c "Ito
x
C3
ts
is
8 Te
L5
9
ir3
-so . rs
C 12 fl I I b I I
I re
Ir
ab 11 b I
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
330 Distel Circle
Los Altos, CA 94022
1
DULY RECORDED WITHOUT FEE
NO TRANSFER TAX DUE Pursuant to Government Code
PUBLIC AGENCY ACQUIRING TITLE, Sections 6103, 27383.
CALIFORNIA REVENUE AND TAXATION
GRANT DEED
CODE SECTION 11922
By:
GENERAL CONVENTION OF THE NEW JERUSALEM (Swedenborgian Church) (the "Grantor") is the owner of
certain real property situated in the unincorporated territory of the County of Santa Clara, State of California, more
particularly described in Exhibit *A" attached hereto and incorporated herein by this reference (such real property
being referred to herein as the *Property").
It is the desire of Grantor to grant to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district
(the *District*), such title and interest in and to the property as is set forth hereinbelow.
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby
grants to the District Grantor's entire right, title and interest in and to the Property, as the same is described on
Exhibit "A" attached hereto, subject to the remaining provisions of this Grant Deed.
This Grant Deed is executed and delivered pursuant to the terms of that certain Purchase Agreement -
Defeasible Fee, dated June 28, 1995, between the Grantor (referred to as "Seller* therein) and the District, (the
"Purchase Agreement"). Pursuant to the terms of the Purchase Agreement, this Grant Deed is made and accepted on
the express condition that the District, its successors and assigns, either elect to retain ownership of the Property
pursuant to the terms of the Purchase Agreement and that the District not later than sixty days after July 1, 2000,
through escrow, deliver to Grantor the total purchase price for the Property, or reconvey the property to Grantor.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GRANTOR
ACCEPTED AND APPROVED:
By:
Edwin G. Capon, President
President, Board of Directors
By:
ATTEST: Betty Yenetchi, Secretary
District Clerk
Date
Date EXHIBIT-8M
Page Tof
State of California
County of
On before me, ,
personally appeared Edwin G. Capon, President and Betty Yenetchi, Secretary , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that, they executed the same in their authorized capacity, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature
State of California
County of
On before me,
personally appeared Peter Siemens, President , personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name are subscribed to the within instrument and acknowledged to me that, they
executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
EXHIBIT L3
Page -I;k of
f
i
Page 1 of 1
EXHIBIT A TO THE GRANT DEED
LEGAL DESCRIPTION
REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
The Southeast One-quarter of the Northeast One-Quarter of Section 23 (twenty-three), Township
9 South, Range 1 West, Mt. Diablo Base and Meridian, excepting a lot of about one acre,
deeded to Mrs. Nellie M. Briare, by deed recorded in Vol. 320, page 83, of Deeds, Records
of Santa Clara County.
PARCEL TWO:
The Northeast One-quarter of the Northeast One-quarter of Section 23 (twenty-three), Township
9 South, Range 1 West, Mt. Diablo Base and Meridian.
PARCEL THREE:
Lot Four (4) of Section 24 (twenty-four), Township 9 South, Range 1 West, Mt. Diablo Base
and Meridian.
PARCEL FOUR:
Lot Five (5) of Section 24 (twenty-four), Township 9 South, Range 1 West, Mt. Diablo Base
and Meridian.
EXHIBIT
Page -a-of
f
Open Space
P P
R-95-88 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-16
June 28, 1995
AGENDA ITEM
Final Adoption of an Amendment to the Comprehensive T i and Management Plan for
Russian Ridge Open Space Preserve /
GENERAL MANAGER'S RECOMMENDATION --� _
Adopt the amendment to the Comprehensive Use and anagement Plan for Russian Ridge
Open Space Preserve to realign a 0.7 mile segment of the Bay Area Ridge Trail.
DISCUSSION
At your June 14, 1995 meeting, you tentatively adopted the amendment to the
Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve to realign
a 0.7 mile segment of the Bay Area Ridge Trail (see report R-95-75). The completed project
is a realignment of the trail extending from the Mindego Ridge Trail (located opposite the
CalTrans vista point pullout) northerly to the radio facility operated by San Mateo County on
the former Norton property (see attached map). The trail is accessible to patrol vehicles and
is currently used as a common patrol route through the northern part of the Russian Ridge
Open Space Preserve.
Staff has received no public comment since your June 14 meeting.
Prepared by:
Randy Anderson, Planning Manager
Contact person:
Mary Gundert, Open Space Planner
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,W i m de Wit
General Manager:L.Craig Britton
COAL CREEK OPEN SPACE PRESERVE and
RUSSIAN RIDGE OPEN SPACE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
J`l FOOTHILLS PAI
Cry of Pala Alt
N ((?Pe"
a Palo
qelil is Onf
A.
y
aa0-)
,rn ( 2000
•• 1400 \ .`
1`• (-D2200 I
O'2sT�Mt.Melville 16 0 J/ 1600 o.e
-., 22 n COAL CREEK
( ( V�
•� „ Alpine Road is
OPEN SPACE a managed and maintained
-%� PRESERVE 8��';=01 CCos 'el"\ ivy by San Mateo County
• y r 2000� Qe`J 0.7
7^
.2 Be \ � 4-k 0.3
ti 00 6.2
` 18
(RR06) `
2400
�1800� r '
(CCO2)
f 2200
16000 Expanded Project �*
Re r1 os
(completed) '��
os
2000
\ — • (RR01)
0.
C9'�P�sP` �`�i� ( Original Project ��nPeOG, 0.8 lJ
0.3 O.S `2200
0.3
/ BorelP
Hill
o
' .�
572"2 SPA_
pRES
03
I RUSSIAN RIDGE.- ` 2Q R;dBeTr
OPEN-SOACE Zra�7�-�� ,r
� 0.2 0.5
eoo PRESERVE o-a� o; ? 0.3 ;-�
4.
1800 2200_--/ Apcien/�a __ 1�
2100
0.3 P Ro0.2
ad _
�1 1800 i 0.1
1.0 \ J
Claims No. Q5-12
� K8eeUngQ5-1G
� Date: June 28. 19Q5
REVISED
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7863 141 .75 ADT Security Systems, Inc. Burglar Alarm Maintenance Agreement
/864 52.78 "."=..^a.. ",e."".y Supply vw*/vmU Supplies
7865 214.88 ArchbscLaninoUng Lamination Supplies
7866 29.30 Bay Area Air Quality Management District Permit
7867 65.73 Boy Hydraulics, Inc. Tractor Repair
7868 40.45 Black Mountain Spring Water Water Service
7869 5'800.00 Louis Bordi Road Realignment
7870 220.30 Bowerman Electric Electrical Repairs
7871 818.20 Breon' O'Donnell, K4i|/er. Brown & Donnin Legal Services
7872 2'835.62 Briun, Konguo' Fou|k Consulting Services
7873 50.00 L. Craig Britton Reimbursement-PCC Event
7874 685.00 BT K & D Redwood Office Supplies
7875 241.62 California Water Service Company Field Equipment
7876 140.00 Camino K8adioa| Group Medical Services
7877 34.15 Cascade Fire Equipment Company Fire Equipment Parts
7878 3318.87 Catalyst Real Estate Group Leasing Commission
7879 134.73 Sheryl Cochran Private Vehicle Expense
7880 884.63 Country Home Products, Inc. Field Equipment
� 7881 83.60 Country Inn Motel Lodging for Safety Instructor
7882 145.73 °1 Custom Color Photo Processing
� 7883 150.00 Dennis Danielson Reimbursement--CPR and EMT Training
� 7884 3'827.00 EnmhoUah Consulting Services
� 7885 57.42 John Escobar Reim burnernent-Loom| Meeting Expense
7886 51.00 Federal Express Corporation Express Mail
� 7887 83.81 Jean Fiddau Private Vehicle Expense
� 7888 607.99 Foster Bros. Security Bymternn. Inc. Padlocks and Keys
7889 41.48 G &K Services Towel Service
7890 10.000.00 General Convention of The New Jerusalem Defeauanoe Payment
� 7891 116.38 Goodco Press Printing
� 7892 210.11 Sharon Hall Photography Photographs
7893 186.41 Virg Harkins Signs Signs
7884 219.00 Honeywell Protection Services A]enn System Maintenance Agreement
� 7895 71.12 Kinko'm Printing
7896 1.080.32 Lanier Worldwide, Inc. Photocopier Maintenance Agreement
� 7887 310.00 Los Altos Garbage Company DunnpotarRnnba|
7898 478.45 Monogram Sanitation Sanitation Services
7899 215.00 National Reormationa and Park Association Membership
7900 107.58 Office Depot Office Supplies
7901 5.750'000.00 Old Republic Title Company Land Purchase-Rancho de Guadalupe
� 7902 530.88 Orchard Supply Hardware Field Supplies and Equipment
7903 225.41 Pacific Bell Telephone Service
7904 467.64 Pitney Bowers Credit Corporation Mailing Machine Maintenance Agreement
7905 66.81 °2 Porter Rents Supplies for Founders Day Event
� 7906 1'000.00 °3 Postage by Phone Postage
� 7007 2'000.00 Postage by Phone Postage
7908 29.10 Precision Engravers, Inc. Name Badges
°1 Urgent check issued on June 20' 1995.
°2 Urgent check issued on June 22' 1885.
� °3 Urgent check issued onmJuowr-autr.23' 1996.
|
Claims No. 95-12
yWeeUng85-16
� Date: June 28. 1Q35
REVISED
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7909 628.18 QuickSilver Printing Founders Event Invitations
7910 253.79 Rabbit Copiers Photocopier Maintenance
� 7911 7.016.45 Randazzo Enterprises, Inc. Demolition
7912 135.19 Reed &Graham Cement Mix
7813 413.76 Russ Enterprises, Inc. Road Barriers
� 7914 115.73 San Jose Mercury News Subscription
� 7915 75.83 San Lorenzo Valley Locksmith Lock and Key—Enbarphae
7916 300.00 Santa Clara County Health Department Permit
7917 860.00 °4 Santa Clara County LAFCO Annexation
7918 2.972.00 Scribner Graphic Press Annual Report Printing
� 7918 730.25 Sears Refrigerator—Employee Residence
7820 238.70 Select Newspaper Group Advertisement
7921 141.08 Shell Oil Company Fuel
� 7922 326.27 John Shelton, Inc. Culverts
�
� 7923 2.160.00 E. R. Sheehan Trail Construction
� 7924 77.01 Malcolm Smith Reinnbursannont--Founderm Event Supplies
� 7935 766.03 Tooher& Etc. Graphics Consulting, Brochures and Maps
� 7926 571.68 The Workingman's Emporium Uniform Expense
�
7927 148.78 Yardb|rd Equipment Sales Equipment Repairs
7928 548.85 John Escobar Reimbursement--Conference Expenses
� 7928 828.00 Peter Petri Consulting Services
�
7930 1.326.14 Roy's Repair Service District Vehicle Maintenance and Repairs
� 7831 444.47 Petty Cash Founders Event Expenses, Local and Out-
of-Town Meeting Expenses, Field and
Office Expenses, Film and Developing
and Private Vehicle Expense
�
�
�
°4 Urgent check issued on June 21` 1g95
Page 2
�
�
�
�
Claims No. 95-1?
� K4emUngQG-1G
� Date: June 28. i995
�
� K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
� # Amount Name Description
� 7863 141.75 ADT Security Systems, Inc. Burglar Alarm Maintenance
7864 52.78 American Welding Supply Welding Supplies
�
7865 214.98 ArchbsoLanninoUn0 Lamination Supplies
7866 29.30 Bay Area Air Quality Management District Permit
7867 65.73 Bey Hydraulics, Inc. Tractor Repair
7868 40.45 Black Mountain Spring Water Water Service
7869 5'900.00 LouiuBordi Road Realignment
7870 220.30 Bowerman Electric Electrical Repairs
7871 618.20 Breon' O'Donne||' Miller, Brown & Dannio Legal Services
7872 2'835.62 Brian, Kangon' Fou|k Consulting Services
7873 50.00 L. Craig Britton Reimbursement-PCCEvent
7874 665.00 BTK & DRedwood Office Supplies
7875 241.82 California Water Service Company Field Equipment
7876 140.00 Camino K8ediou| Group Medical Services
7877 34.15 Cascade Fire Equipment Company Fire Equipment Parts �
7878 3318.87 Catalyst Real Estate Group Leasing Commission
7879 134.73 Sheryl Cochran Private Vehicle Expense
�
7880 884.83 Country Horne Products, Inc. Field Equipment
7881 83.60 Country Inn Motel Lodging for Safety Instructor
7882 145.73 °1 Custom Color Photo Processing
7883 150.00 Dennis Danielson Reimnbursanlent-CPR and EMT Training
� 7884 3'827.00 EnoheUah Consulting Services
7885 57.42 John Escobar Reim buroernmnt-Lmca| Meeting Expense
�
7886 51.00 Federal Express Corporation Express Mail
7887 83.01 Jean Fiddem Private Vehicle Expense
� 7888 607.99 Foster Bros. Security Systems, Inc. Padlocks and Keys
7889 41.48 G & KGemicoo Towel Service
7890 10.000.00 General Convention of The New Jerusalem Dofoeoonoe Payment
7891 116.38 GoodcoPvano Printing
� 7892 210.11 Sharon Hall Photography Photographs
� 7893 188.41 Virg Harkins Signs Signs
7894 210.00 Honeywell Protection Services Alarm System Maintenance Agreement
� 7885 71.12 Kinko'o Printing
� 7096 1.090.32 Lanier Worldwide, Inc. Photocopier Maintenance Agreement
�
7897 310.00 Los Altos Garbage Company DurnpaterRentn|
7898 478.45 Monogram Sanitation Sanitation Services
7899 215.00 National RoonaaUonn and Park Association yNernbanyhip
7900 107.58 Office Depot Office Supplies
7901 5'750'000.00 Old Republic Title Company Land Pumchaoe-Honchode Guade|upm
7802 530.88 Orchard Supply Hardware Field Supplies and Equipment
7803 225.41 Pacific Bell Telephone Service
7904 487.64 Pitney Bowers Credit Corporation Mailing Machine Maintenance Agreement
7905 88.81 °2 Porter Rents Supplies for Founders Day Event
� 7906 1'000.00 °3 Postage byPhone Postage
�
7907 2'000.00 Postage byPhone Postage
7808 28.10 Precision Engravers, Inc. Name Badges
°1 Urgent check issued mnJune 20' 1985.
� °2 Urgent check issued on June 22' 1885.
°3 Urgent check issued on-buip.33' 1895.
Ask,
�
Claims No. 95-12
' Meedn8Q5-1G
� Date: June 28. 18S5
� K8|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7909 628.18 QuickSilver Printing Founders Event Invitations
7910 253.78 Rabbit Copiers Photocopier Maintenance
7911 7.016A5 Randazzo Enterprises, Inc. Demolition
7912 135.19 Reed & Graham Cement Mix
7913 413.76 Russ Enterprises, Inc. Road Barriers
7914 115.73 San Jose Mercury News Subscription
� 7915 75.83 San Lorenzo Valley Locksmith Lock and Key—Enberprioe
7916 300.00 Santa Clara County Health Department Permit
7917 880.00 °4 Santa Clara County LAFCO Annexation
7818 2.972.00 Scribner Graphic Press Annual Report Printing
7919 730.25 Sears Refrigerator—Employee Residence
7920 238.70 Select Newspaper Group Advertisement
7821 141.08 Shell Oil Company Fuel
7922 326.27 John Shelton, Inc. Culverts
7923 2.160.00 ER. Sheehan Trail Construction
7824 77.01 Malcolm Smith Reimbursement—Founders Event Supplies
7926 785.03 T*aber& Etc. Graphics Consulting, Brochures and yWepo
� 7926 571.68 The Workingman's Emporium Uniform Expense
� 7927 148.78 Yardbird Equipment Sales Equipment Repairs
°4 Urgent check issued on June 21. 1095.
�
Page 2
�
Open Space LA-L
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: June 28, 1995
SUBJECT: FYI
330 Distel Circle Los Altos,CA 94022-1404 * Phone:415-691-1200 , FAX:415-691-0485 E-mail:mrosd@netcom.com
BoafdofDirectors:Pete Siemens,Mary C.Davey,Teena Henoraw,(:tinny Babbitt, Nonette l tanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Malcolm Smith
June 27, 1995 Public Affairs Manager
(415)691-1200
New Member Appointed To Open Space District Board
Los Altos, CA -- The Board of Directors of the Midpeninsula Regional Open Space District last
night appointed Mr. David T. Smernoff of Mountain View to fill the vacant Ward 4 seat. Out of the
seven applicants for the appointment, Mr. Smernoff was one of four finalists that were interviewed at a
special meeting of the Board. He will serve the balance of the term for Ward 4, until November, 1996 at
which time he plans to stand for election.
Mr. Smernoff is employed by the SETI Institute and works at NASA-Ames Research Center,
where he also serves on the Ames Environmental Conservation Committee. He is a co-founder of Bay
Area Action, a non-profit environmental advocacy organization, where he is active in a variety of
environmental volunteer projects, community outreach programs, campaign organizing, and policy
development. Among his goals for the District, Mr. Smernoff notes the need to enhance the ecological
integrity of District lands, and ensure permanent access to open space for current and future residents of
the area. He is also very interested focusing on ecological research, environmental restoration, sound
land management, and securing additional funding for continued land acquisition.
The Midpeninsula Regional Open Space District,extending from the City of San Carlos to the
Town of Los Gatos, is a public agency which has preserved nearly 40,000 acres of diverse open space and
manages 23 open space preserves.
(more)
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com @
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
r
Funding is provided by a small share of the annual total property tax revenues collected within
District boundaries. The District permanently protects wildlife habitat,watershed, and a variety of
ecosystems, restores damaged natural resources,and provides trail improvements for passive recreational
use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands
for public use and enjoyment, and to preserve open space for future generations to enjoy. There are
approximately 20,000 - 30,000 acres of land still at risk of being lost to development within the District's
planning area.
The District is divided into seven geographic wards, each represented for a four year term by an
elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each
month at 7:30 pm., at the District offices.
#44
INTER-OFFICE MEMORANDUM
June 26, 1995
TO: Craig Britton, General Manger
FROM: John Escobar, Operations Manager
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month May Year 1995
VIOLATIONS TOTALS ACCIDENTS TOTALS
Bicycles Bicycle 5
Closed area 2 Equestrian
Speed 1 Hiking/running 1
Helmet 22 Other first- aid 1
Dogs Search/rescue
Prohibited area
Off-leash 4 ENFORCEMENT
Fishing/swimming 1 Citations 59
Off-road vehicles 1 Written warnings 6
Closed area 0 Arrests I
After hours _15 Police assistance 7
Weapons
Actual contacts 0 CREMI S
Reports only 1 Auto burglaries 4
Vandalism 1 Stolen vessel recovery 1
Parking 2 Indecent exposure 1
After hours parking 4
Dumping/littering 4 MUTUAL AID
Campfire 1 Accidents 1
Enforcement I
S OF SIGNIFICANT INCIDENTS
1. May 3: A 30-year-old male required air ambulance evacuation after a solo bicycle
accident in Fremont Older Open Space Preserve. Rangers P. Hearin and M. Newburn,
along with paramedics and Central Fire personnel, treated the victim for possible shoulder
separation and abrasions prior to Lifeflight transport.
2. May 23: Two male subjects were contacted by Ranger L. Paterson at Alpine Pond for
alcohol violations. One subject had $7,500 in outstanding felony warrants for what the
subject claimed was 'driving under the influence' charges. The subject was subsequently
arrested by San Mateo S.O. Response time for the Sheriff Deputy to the incident was 53
minutes.
(continued)
3. May 25: An indecent exposure incident was reported to have occurred on the Wildcat
Loop Trail in Rancho San Antonio Open Space Preserve. The victim phoned in the
report to Mountain View Dispatch. The victim was referred to the Santa Clara Co.
Sheriffs' Office by the dispatcher. The Sheriffs' Office has no record of a complaint by
the victim.
4. May 26: Ranger B. Malone made contact with a group of seven subjects in Foothills
Open Space Preserve at 10:30 PM. Two additional subjects were observed hiding in the
brush. The group was uncooperative and one subject walked away from Ranger Malone,
all the while communicating in Spanish with the subjects hiding in the bushes. Rangers
D. Danielson, P. Hearin, M. Newburn, and three Palo Alto PD units responded to assist.
The subjects were cited for an illegal campfire and entering the preserve after hours. A
search of the immediate area failed to locate the hidden subjects.
5. May 27: While patrolling Foothills Open Space Preserve Ranger D. Danielson made
contact with a group of ten juveniles and a group of two adults. The juveniles were
reported to have been smoking "non-tobacco products" while standing in dry grass. Both
groups were cited for entering a preserve after hours.
6. May 29: A tractor operated by the caretaker of the SJH Novitiate slid off of the road
above SJH Preserve and ended up on the new section of the Jones Trail. The accident
destroyed 30 feet of cyclone fence installed by the District. No injuries were reported.
7. May 31: A member of the District's Volunteer Trail Patrol found what may be cremated
human remains deposited on the trailside in Windy Hill Open Space Preserve. The San
Mateo Sheriffs' Office is handling the investigation.
Summary prepared by: Tom Randall, Ranger
MEMORANDUM
June 23, 1995
To: All District Staff
From: John Escobar
Subject: Declaratio of Extreme Fire Hazard
In the last week 8h
have reached the temperatures hi 80's and the low 90's. Much of the
P
moist green areas have dried and turned gold. Starting Friday June 30, 1995, we are
declaring all District Property to be an extreme fire hazard. All fire hazard signs should be
installed on Preserves in conjunction with pumpers being placed on vehicles prior to this
date. Patrol and enforcement should increase with regards to smoking, campfires,
barbecues and fireworks.
� 1
RU $ £ N BA 'R 'RAL £ S
MEMBER • BOARD OF SUPERVISORS
i 1
June 22, 1995
Mr. Jesse R. Huff, Chairman
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826
RE: Cleanup of Skeggs Point Solid Waste Disposal Site in El Corte de Madera Open Space Pireserve
Dear Mr. Huff:
I am writing to express my support for the pending grant application from the San Mateo County Health
Services Agency to the Solid Waste Disposal and Codisposal Site Cleanup Program. The funds will be
used for the cleanup of the Skeggs Point Solid Waste Disposal Site in El Corte de Madera Open Space
Preserve. This 2,800-acre preserve is owned and operated for the public benefit by the Midpeninsula
Regional Open Space District.
The Open Space District acquired this preserve in 1988, after the disposal site was already established.
The previous owner initially agreed to participate in the cost of the cleanup, but has since gone bankrupt
and will not be sharing in the estimated $450,000 cost. In addition to the expense of acquiring the
property, the District has already expended significant funds towards a cleanup plan and has removed
miscellaneous surface debris. Unfortunately, much of the debris is buried and significant work will be
required for removal and site restoration. The District is proposing to take responsibility for restoration of
the site from its own funds.
El Corte de Madera Open Space Preserve is one of the District's most visited areas. Visitors are drawn to
its beautiful environment of redwood groves, fragile sandstone formations, shaded forest, and riparian
habitat. The disposal site is particularly disturbing in light of the beauty of the surrounding area.'
rea It is not
only an eyesore, but constitutes an environmental hazard with significant risk to public health and safety.
I urge you to give this grant application full consideration, and to fund the cleanup of the Skeggs Point
Solid Waste Disposal Site in El Corte de Madera Open Space Preserve.
Sincerely,
Ruben Barrales
Supervisor, 4th District
cc: MROSD Board of Directors
j a HAIL OF JUSTICE 8 RECORDS • REDWOOD CITY, C A L I F 0 R N I A 94063
DIRECT 415 363 4570 e EAST PALO ALTO 473 961 1 FAX 363 191 6
JUN 2 3 191?"1"
STATE OF CA HFORN I A Poe Wilson.Go%crnor
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
88"X1(%11(C111,I Dr 1,(
S;wralnewn,Callimma
June 20, 1995
Mr. Dean Peterson
Solid Waste Program Manq?,cr
I"'riviromilental I Icalill Services Division
590 1 lamiltoll Street
Redwood City, California 94063
Subject: A13 2 136 Funding for the Skylinc/,Skeggs Point Illegal Disposal Site, San Mateo County
Dear Mr. Peterson:
Thank you for your letter dated May 25, 1995, regarding the Skyline/Skeggs Point Illegal Disposal Site
as a potential site for the Solid \Vasfe Disposal and Codisposal Site Clcanup Program (All 2136). With
the information submitted by your oI lice and Midpeninsula Regional Open Space District, and the
California Integrated Waste Management Board (INVNIB) site visit on May 18, 1995, 1WN113 staff has
determined that this site qualities for 1,1111ding and is rccommending remediation with a Board-Managed
site cleanup.
AB 2136 staff willprepare an agenda item for the Permitting and Enforcement Committee on
July 19, 1995 For 1WN113 approval. A copy of the agenda will be sent for your review, and your
attendance at this inecting is encouraged. Should you have any questions or comments, please contact
me at (916) 255-2347.
Sincerely,
Marge Rouch, P.E.
Closure and Remcdiation Branch
Pcnnitting and Enforcement Division
cc: Ms. Mary GUndert, Mid Peninsula Open Space District, 330 Distcl Court, Los Altos, California,
94022
Mr. Todd Thallinnier, I%VNIR
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton General Manager
� Y
DATE: June 23, 1995
SUBJECT: FYI
330 Distel Circle Los Altos, CA 94022-1404 Phone: 415-691-1200 FAX:415-691-0485 E-mail:rnrosd@netcom.com
Bogard of Directors:Pete Siemens,M.uy C. Davey,Deena Henshaw,tinny Babhitt, Nanette Hanko,Betsy Crowder,Wim de Wit
(,Hera!Manager:L.Craig Britton
Open Space
June 15, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Honorable Jackie Speier Letter sent to:
Member, California Assembly Anna EsR66-- 'Ibm Campbell
Barbara Rice Jim Cuneen
Room 4140, P.O. Box 942849 Tom Huening Barbara Boxer
Sacramento, CA 94249-0001 F?ueben Barrales Diane Feinstein
Mary Griffin Al Alquist
Dear Assemblywoman Speier Mike Nevin Byron Sher
Ted I..- p rt
The MidpeninSUla Regional Open Space District is facing a serious solid waste cleanup problem
at its El Corte de Madera Open Space Preserve. In the middle of this otherwise beautiful and very
popular 2,800-acre nature preserve is a dump site containing an estimated 5,500 cubic yards of wood,
concrete, and household and potentially toxic refuse left by the previous owner of the land (who is now
in bankruptcy). Needless to say, this is a severe blemish on this preserve, as well as a health hazard and
potential physical danger to the thousands of people who enjoy Diking and riding in this area.
Through the San Mateo County Health Services Agency, the District is applying to the
California Integrated Waste Management Board for a grant of$450,000 to fund the cleanup of this
unauthorized solid waste disposal site. Funds are available from the State's Solid Waste Disposal and
Codisposal Site Cleanup Program. I'd like to ask for your help in ensuring that funding is made available
for this important project.
It would be very helpful and greatly appreciated if you would write a letter of support to the
California Integrated Waste Management Board so that they are apprised of the strong regional support for
this cleanup project. Attached is a sample letter you may wish to use as a guide in preparing your letter. It
would be most helpful if your letter was received by the Board by June 30. We would also appreciate it if
you provided our office with a copy. If you are able to assist the District, please address your letter to:
Mr. Jesse R. Huff
Chairman of the Board
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826
Thank you for your continuing support of the District and it's regional open space and recreation
programs.
Sincerely,
Pete Siemens
President, Board of Directors
PS/mcs
CC7 MROSD 3oard of Directors
330 Distel Circle * I os Altos,CA 94022-1404 Phone: 415-091-1200 FAX:415-691-0485 E-mail: mrosd@netconixom e
Board oflfilv(tors:PvlcSienlvl)s,Maly [),twv, leclia I lelOmw,Ginny Babbitt, Nomelte flanko,Betsy Crowder,kllim di:wit
(;onowl A1,m,),gct:1.Craig Britton
S A M P LE L E T T E R OF S U P P O RT
June 19, 1995
Mr. Jesse R. Huff
Chairman of the Board
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826 '
RE: Cleanup of Skeggs Point Solid Waste Disposal Site in El Corte de Madera Open Space Preserve
Dear Mr. Huff-
I am writing to express my support for the pending grant application from the San Mateo County
Health Services Agency to the Solid Waste Disposal and Codisposal Site Cleanup Program. The funds will
be used for the cleanup of the Skeggs Point Solid Waste Disposal Site in El Corte de Madera Open Space
Preserve. This 2,800-acre preserve is owned and operated for the public benefit by the Midpeninsula
Regional Open Space District.
The Open Space District acquired this preserve in 1988, after the disposal site was already
established. The previous owner initially agreed to participate in the cost of the cleanup, but has since gone
bankrupt and will not be sharing in the estimated$450,000 cost. In addition to the expense of acquiring the
property, the District has already expended significant funds towards a cleanup plan and has removed
miscellaneous surface debris. Unfortunately, much of the debris is buried and significant work will be
required for removal and site restoration. The District is proposing to take responsibility for restoration of
the site from its own funds.
El Corte de Madera Open Space Preserve is one of the District's most-visited areas. Visitors are
drawn to its beautiful environment of redwood groves, fragile sandstone formations, shaded forest, and
riparian habitat. The disposal site is particularly disturbing in light of the beauty of the surrounding area. It
is not only an eyesore, but constitutes an environmental hazard with significant risk to public health and
safety.
I urge you to give this grant application full consideration, and to fund the cleanup of the Skeggs
Point Solid Waste Disposal Site in El Corte de Madera Open Space Preserve.
Proj ect.
Sincerely,
(your name)
cc: Midpeninsula Regional Open Space District
STATE CAPITOL COMMITTEES
P.O.BOX 942849 BANKING AND FINANCE
SACRAMENTO,CA 94249-0001 INSURANCE
(916)445-8305 REVENUE AND TAXATION
E-Mail:Jim.F.Cunneengassernbly.ca.gov BUDGET
VICE CHAIR:SUBCOMMITTEE ON
DISTRICT OFFICE JIM CUNNEEN RESOURCES,TRANSPORTATION,
901 CAMPISI WAY,SUITE 300 ASSEMBLYMEMBER,TWENTY-FOURTH DISTRICT AGRICULTURE AND THE
CAMPBELL,CA 95008 ENVIRONMENT
(408)369-8170 Representing the communities of Campbell,Cupertino, VICE CHAIR;SUBCOMMITTEE ON
Los Altos,Los Gatos,Monte Sereno,San lose,Saratoga,and Sunnyvale INFORMATION TECHNOLOGY
CHAIRMAN;SELECT COMMITTEE
ON HIGH TECHNOLOGY
June 19, 1995
Mr. Vince Cummings
1441 Dry Creek Road
Campbell, CA 95008
Dear Mr. Cummings:
I just received a copy of your e-mail dated May 15 which was referred to me by the
Honorable Norm Mineta. Thank you for taking the time to discuss my bill, AB 700.
1 would to take like this opportunity to clear up some misunderstandings.
AB 700, which is sponsored by the Midpeninsula Regional Open Space District
(MROSD), would add mountain biking and paragliding to the existing list of
"hazardous recreation activities" in Section 831.7 of the California Government Code.
This bill would provide an additional level of liability protection to public agencies
that allow and promote these activities on public lands. )While it is true that there is
already a high degree of liability protection for public agencies, this does not lessen
the need to maximize all available immunities. The existing list of hazardous
recreational activities includes, among others, water activities, animal riding, boating,
ernes-country and downhill skiing, rock climbing, surfing, tree climbing, tree rove
swinging, water skiing, white water rafting, and wind surfing. It is logical that rugged
mountain biking should have the same level of immunity as these other activities.
This bill would not impose any additional restriction on land available for mountain
biking. To the contrary, it is the absence of this additional liability protection that
causes some agencies to further restrict mountain bike usage on public lands. The
greater the liability protection, the more motivated an agency will be to allow these
multi-uses on public lands. I am unclear as to your statement that MROSD is tying to
"pass their troubles on" by sponsoring this bill. The bill merely brings the government
code up-to-date to reflect the activities taking place on public lands. Mountain bike
usage continues to increase rapidly. As you can see from the attached MROSD
accident summary, biking injuries are also increasing.
Printed on Recycled Paper
Page 2
I am very surprised by your opposition to this bill since it would increase the number
of trails for mountain bicyclers. You might be interested to know that AB 700 is
supported strongly by Responsible Organized Mountain Peddlers (ROMP), Greenbelt
Alliance, and the Bay Area Open Space Council, to name just a few organizations.
Contrary to your implication, approximately 80 percent of the trails on MROSD land,
including many that are single-track, are open to mountain bikes. No one at the
District has suggested that one half of the trails be closed to mountain bikes. In fact,
the MROSD Board of Directors has shown a clear commitment to maintaining
multiple use on the trails.
Finally, I must object to the tone of your comments about the staff at MROSD. With
its limited but dedicated staff of 16 rangers, the District does a great job of patrolling
and maintaining nearly 40,000 acres and over 200 miles of trails in 23 open space
preserves. Far from just sitting "in their trucks and drinking coffee" a number of
rangers patrol far into the preserves on mountain bikes. When not on bikes, the
rangers patrol both on foot and in vehicles. Due to the geography and size of the
District, the need for trucks should be obvious.
I am grateful for the opportunity to respond to your letter. Please feel free to contact
me if you would like any further information. I am sure the District would also be
happy to hear from you on this or any other matter of concern.
Sincerely,
JIM CUNNEEN
Member of the Assembly
24th District
cc: The Honorable Norm Mineta
L. Craig Britton, General Manager, MROSD
JC/mb
Midpeninsula Regional Open Space District accident statistics: 1993 - 1994
Total number of reported visitor accidents in 1993: 68
Reported mountain bike accidents in 1993: 44 (65% of 1993 total)
Total number of reported visitor accidents in 1994: 72
Reported mountain bike accidents in 1994: 47 (67%of 1994 total)
Ranger staff reports that there are a high number of very minor injury accidents that do not generate a
written report. The typical example is a scraped knee or elbow that the ranger witnesses in the parking
lot as the visitor is departing. These require no response and no report.
Mountain bicycle accidents requiring a written report generally fall into the following categories
(1993 and 1994 combined):
liinor injury: 21 (23% of total mountain bike accidents)
- scrapes, bruises, cuts
- minor first aid and assistance required by rangers
- no transport required
Moderate injury: 51 (55%of total mountain bike accidents)
- significant scrapes,bruises, sprains, cuts, soft tissue injury, possible fractures
- significant assistance and emergency first aid required by ranger
- ground evacuation required by rangers or paramedics
Serious or life-threatening injury: 20 (22% of total mountain bike accidents)
-bone fractures, loss of consciousness, serious damage to soft tissue,head or spinal trauma
- emergency multi-agency response and first aid required by some or all of the following:
rangers,paramedics, fire, sheriff,police;requires activation of county emergency medical
system (EMS)
- emergency ground or air(Lifeflight)evacuation required
VOL 2 2
l3
DAVID V.C:AMPBrtt.
rt,rztMNT Aran('r«
June 19, 1995
Board of Directors'
Mid-Peninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Gentlemen:
I applaud your continued review of dog access in the District. I believe, as
most dog owners do, that dogs have a place in selected preserves.
Please continue to keep me informed, as your review progresses.
Sincerely,
,�d"751::5
David V. Campbell
President & CFO
DVC:kas
i
;'str l'I+Jh11t54I I'i +,ir II I I,.'. "0 lip �.• �i,.,. IIIII'l IC�'^!! 11, ti.v "t")
, . Claims Nm. 95-12
Meeting 95-16
Date: June 28. 1995
�
REVISED
k4|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
7863 141.75 ADT Security Systems, Inc. Burglar Alarm Maintenance Agreement
7864 52.78 American Welding Supply Welding Supplies
7865 214.99 AvohbacLaminabnQ Lamination Supplies
7866 29.30 Bay Area Air Quality Management District Permit
7867 85.73 Bay Hydraulics, Inc. Tractor Repair
7868 40.46 Black Mountain Spring Water Water Service
7869 G'gOO.00 Louis Bordi Road Realignment
7870 220.30 Bowerman Electric Electrical Repairs
7871 618.20 Broon' O'DonneU. K8i||er' Brown & Dannia Legal Services
7872 2'835.62 Brian, Kangao' Fou|k Consulting Services
7873 50.00 L. Craig Britton Reimbursement-PCCEveno
7874 665.00 BTK & ORedwood Office Supplies
7875 241.62 California Water Service Company Field Equipment
7878 140.80 Camino Medical Group Medical Services
7877 34.15 Cascade Fire Equipment Company Fire Equipment Parts
7878 3318.87 Catalyst Real Estate Group Leasing Commission
7878 134.73 Sheryl Cochran Private Vehicle Expense
7880 884.63 Country Home Products, Inc. Field Equipment
7881 83.60 Country Inn Motel Lodging for Safety Instructor
7882 145.73 °1 Custom Color Photo Processing
7883 150.00 Dennis Danielson Reimbursement-CPR and FM,!'TrmininA
7884 3'827'00 Enoha||ah Consulting Services
7885 57'42 John Escobar Reim burmemnant-Lmom| MNeeiimg Expense
7886 51'00 Federal Express Corporation Express Mail
7887 83'91 JeonFiddea Private Vehicle Expense
7888 607.99 Foster Bros. Security Systems, Inc. Padlocks and Keys
7889 41'48 G &X Services Towel Service
7880 10.000.00 General Convention of The New Jerusalem Oefeamonce Payment
7891 118.38 GoodmoProum Printing
7892 210.11 Sharon Hall Photography Photographs
7893 186.41 Virg Harkins Signs Signs
7094 219.00 Honeywell Protection Services Alarm System Maintenance Agreument
7895 71.12 Kjnko's Printing
7896 1.090.32 Lanier Worldwide, Inc. Photocopier Maintenance Aqoo�wmemt
7897 310.00 Los Altos Garbage Company []umpohsrRantsl
7898 478.45 Monogram Sanitation Sanitation Services
7898 215.00 National Recnaadnna and Park Association Membership
7900 107.58 Office Depot Office Supplies
7901 5'750,000'00 Old Republic Title Company Land-Purchase-Rancho de C;uadeYupa
7902 530.88 Orchard Supply Hardware Field Supplies and Equipment
� 7903 225.41 Pacific Bell Telephone Service
� 7904 487'64 Pitney Bowers Credit Corporation Mailing Machine Maintenance Agreement
7805 68'81 *2 Porter Rents Supplies for Founders Day Event
7906 1.000.00 °3 Postage byPhone Postage
7507 2'000.00 Postage byPhone Postage
7908 39.10 Precision Engravers, Inc. Name Badges
°1 Urgent check issued on June 20, 1995.
°2 Urgent check issued on June 22' 1995.
°3 Urgent check issued wn-burip
��3, 1995.
"=�= "
�
Claims No. 95-1*.
MeednQ95-1G
� Date: June 28. 19Q5
REVISED
K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7808 628.18 QuichSi|vmrPrinUng Founders Event Invitations
7910 263.79 Rabbit Copiers Photocopier Maintenance
7811 7.016.45 Randazzo Enterprises, Inc. Demolition
� 7912 135.19 Reed & Graham Cement Mix
� 7913 413.76 Russ Enterprises, Inc. Road Barriers
� 7�914 115.73 San Jose Mercury News Subscription
� 7915 75.83 San Lorenzo Valley Locksmith Lock and Key—Enterprise
7816 300.00 Santa Clara County Health Department Permit
7817 880.00 *4 Santa Clara County LAFC{] Annexation
� 7818 2.872.00 Scribner Graphic Press Annual Report Printing
7919 730.25 Sears Refrigerator—Employee Residence
� 7920 238.70 Select Newspaper Group Advertisement
� 7921 141.08 Shell Oil Company Fuel
7922 326.27 John Shelton, Inc. Culverts
7923 2.160.00 E. R. Sheehan Trail Construction
7824 77.01 Malcolm Smith Reimbursement—Founders Event Supplies
7925 765.03 Teabar& Etc. Graphics Consulting, Brochures and Maps
7926 571.68 The Workingman's Emporium Uniform Expense
7827 148.78 Yandbird Equipment Sales Equipment Repairs
7828 646.85 John Escobar Reimbursement—Conference Expenses
7929 828.00 Peter Petri Consulting Services
7930 1.326.14 Roy'w Repair Service District Vehicle Maintenance and Repairs
7931 444.47 Petty Cash Founders Event Expenses, Local and Out-
of-Tmmn Meeting Expenses, Field and
Office Expenses, Film and Developing
and Private Vehicle Expense
°4 Urgent check issued mnJune 21. 1995. '
. '
�
�
�
Page 2
i
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-16
SUMMARY OF JUNE 28, 1995 REGULAR BOARD MEETING
Proposed Expansion of Dog, Access on Designated District Preserves, Tentative Adoption of Criteria
for Evaluating Preserve Suitability for Dog Access, and Direction to Staff to Prepare a Schedule for Use
and Management Plan Amendments to Further Consider Tentatively Adopted Recommendations - The
Board: 1) tentatively adopted criteria for evaluating preserve suitability for dog access with staff to
review further the criterias of habitat sensitivity and adjacent to urban area; 2) supported efforts of local
dog owners to form a user group; 3) voted to pursue opening all remaining trails to dogs on leash on
Fremont Older, Coal Creek, and Thornewood Open Space Preserves, as well as the Kennedy-Limekiln
Area of Sierra Azul Open Space Preserve; to deemphasize dog access at Foothills Open Space Preserve;
to pursue closing Long Ridge Open space Preserve to dogs as incompatible with the criteria; to consider
dog access as part of Use and Management Plan for El Corte de Madera Open Space Preserve; and to
pursue opening an off-leash area on Pulgas Ridge Open Space Preserve at the site of the former Hassler
Health Home building; 4) directed staff to return with a schedule for use and management plan
amendments as necessary to further consider the recommendations tentatively approved the meeting;
and 5) directed staff to review at the Board committee level additional policy items, including leash
length, dog waste disposal, partial preserve use by dogs, particularly viscous dog breeds, and definition
of urban/suburban/rural areas.
Resolution Honoring Karen Foss - The Board adopted Resolution 95-25 honoring and commending
Karen Foss, retiring Executive Director for Santa Clara County Parks and Recreation Department.
Authorization for General Manager to Approve or Deny Damage Claims Against the District Less Than
2 5 - The Board adopted Resolution 95-26 authorizing the General Manager to approve or deny
certain claims against the District.
Authorization to Purchase 1,465-Acre Rancho de Guadalupe Property Adjacent to Sierra Azul Open
Space Preserve and Almaden Quicksilver County Park for $6.750,000 and Tentative Adoption of
Preliminary Use and Management Plan for the PropgM, Including Intention to Withhold Dedication of
the Pro r y as Public Open Space - The Board adopted Resolution 95-27 authorizing acceptance of
purchase agreement, authorizing officer to execute certificate of acceptance of rant to District and
g g P P g
authorizing General Manager to execute any and all other documents necessary or appropriate to closing
of the transaction (Sierra Azul Open space Preserve - Lands of Rancho de Guadalupe, Inc.); adopted
Resolution 95-28 providing for the issuance and delivery of a secured promissory no in p g ry p sory to the amount
of$1,000,000 to Peninsula Open Space Trust (Sierra Azul Open Space Preserve-Rancho de Guadalupe
Acquisition); tentatively adopted the Preliminary Use and Management Plan recommendations including:
(a) keeping the lower two-thirds of the site closed to public use until an Interim Use and Management
Plan is adopted, and (b) naming the Rancho de Guadalupe property an addition to Sierra Azul Open
Space Preserve; 4) indicated their intention to withhold the property from dedication as public open
space at this time; and 5) determined that the recommended actions are categorically exempt from the
California Environmental Quality Act.
330 Distel Circle ® Los Altos,CA 94022-1404 - Phone: 41 5-091-1200 * FAX:415-691-0485 - E-mail: mrosdQnetcom.com
13oard of Oirectors:Pete siernc Lary C.Davey, leena t lensh iw,Ginny Bahbitt, Nonette" o,Betsy Crowder,Wim de Wit
Gener,d Mxmger L.Craig Britton
Summary g
of Meeting 95-16 Page 2
Authorization to Purchase 162-Acre General Convention of the New Jerusalem Proper y Adjacent to
Sierra Azul Chen Space Preserve for $226,000 on Defeasible Fee Basis and Tentative Adoption of
PreliminaU Use and Management Plan for the PLQpgM. Including Intention to Withhold ication of
the PropgM as Public Open Space - The Board adopted Resolution 95-29 authorizing acceptance of
Purchase Agreement - Defeasible Fee, authorizing officer to execute certificate of acceptance of grant
to District, and authorizing General Manager to execute any and all other documents necessary or
appropriate to closing of the transaction (Sierra Azul Open Space preserve - Lands of General
Convention of the New Jerusalem); tentatively adopted the Preliminary Use and Management Plan
recommendations contained in this report, including naming the property as an addition to the Sierra
Azul Open Space Preserve; indicated their intention to withhold dedication of the property as public
open space at this time; and 4) determined that the recommended actions are categorically exempt from
CEQA.
Final AdWtion of Amendment to Comprehensive Use and Management Plan for Russian Ridge Qpin
Space Preserve to realign 0.7-Mile Segment of the Bay Area Ridge Trail - The Board adopted the
amendment to the Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve
to realign a 0.7 mile segment of the Bay Area Ridge Trail.
Susan Dale
Recording Secretary