HomeMy Public PortalAbout19970625 - Agendas Packet - Board of Directors (BOD) - 97-16 R-97-93 Page 3
permits, engineering oversight, demolition and removal of non-hazardous materials, and
restoration of the site is likely to significantly exceed the $1.3 million. Depending on what
evidence is necessary to lobby the Corps, the District may or may not have to spend additional
money on studies or estimates.
A valuable source of assistance has recently been identified to help the District encourage the
federal government, primarily the U.S. Army Corps of Engineers, to undertake the remaining
cleanup and demolition of the site. Through an introduction from Director Smernoff, staff has
been in contact with Lenny Siegel, Director of the Pacific Studies Center in Mountain View
and CAREER/PRO, a project of San Francisco State University's San Francisco Urban
Institute. Mr. Siegel is an expert in the process of cleanup of former defense sites and serves
on numerous boards and commissions around the country on such projects. His particular
focus is on the public participation aspect of the process. Mr. Siegel, who is a constituent and
user of District trails, provides limited pro bond assistance to agencies and organizations on
cleanup issues. As the District has already experienced, attention to the cleanup of former
defense sites is largely based on the "squeaky wheel" principle - the projects with the most
pressure from the public and elected representatives receive priority for cleanup funding. The
Mt. Umunhum site is not an economically important or badly contaminated site compared to
other former defense sites around the country.
According to recommendations and information provided by Mr. Siegel, a logical next step in
the District's efforts to secure further government effort to clean up the site would be to form
a Restoration Advisory Board (RAB), as outlined in the attached brochure from the Corps. A
RAB is a body recognized by the Department of Defense as the appropriate method to
facilitate public input on the site restoration process. Establishment of a RAB can be initiated
by making the request in writing to the Corps of Engineers' project manager. The Corps
actually forms and coordinates the RAB, which would include government, public, and
military representatives. The RAB for Moffett Field has been used as a model for more than
250 such bodies across the country. The District presumably would take a very active role in
the formation of the RAB and be a key participant. In the case of a minor facility like Mt.
Umunhum, the RAB might meet quarterly. With the Board's approval, staff will pursue the
formation of a Restoration Advisory Board with the Corps.
Prepared by:
Randy Anderson, Senior Planner
Contact person:
Same as above
�- - FI_'—:L: 0,WYER No. � -SE-oUENCE: No:
N
AL MADEN AIR FORCE 9TAT/OM
KEY TO SYMBOLS
STRUCTURES 1 —�
f� 128
EXISTING PERMANENT
104+-r27
ROADS 9 PARKING •
EXISTING PAVED SEWAGE SPRAY FIELD x 1004 �I 100
EXISTING GRAVEL 102 NI24
141•
BOUNDARIES /( ® wh 140• '%I
PROPERTY LINE
�I I�
—7c— SECURITY FENCE ` \� \`2� tip I
OPERATIONS
ioo o too zoo l - • �� • 1 415 HEATING FUEL STOP
1 f S �?� 421 VEHICMOGALE
STORAGE
GRAPHIC SCALE IN FEE: F'
_ \ 421 VEHICLE FUELING STA.
300A SEWAGE OXIDATION POND \
3005 SEWAGE OXIDATION POND
303 PAINT STORAGE` TO a.A.r
310 SEWAGE SEPTIC TANK
311 SEWAGE SEPTIC TANK
300E SEWAGE PUMP STA. iy0�v •� ! .55AA ■712
3000 SEWAGE CHLORINATION �t
3000 SEWAGE TREATMENT ��� - L-•z00 0v L FLAG POLE G a T R.
Ili•{,/'gyp•. Zpg 8 I / 770
20\�•415 L00 OPERATIONS _ I 'll I,
/ ll Q • ' 102 RADAR TOWER FPS 24 2 MILES'O
713
ZQ OPE RATIONS
r �`� ,I � �2 S 2p9 3 1 104 PAINT STORAGE - -
%IQ3 x—n—��1 „\, ,;,III // 106 PROTECTIVE SHELTER _
106 WATER STORAGE TANK 700 COMM. TRANS/RCVR. (G.A.T.R, BLDG.)
1150
107 RADAR TOWER FPS-90 711 HEATING FUEL OIL STORAGE
1 xI I 3I %{,� ��r / 1or8 RADAR TOWER MPS-14 712 SEWAGE SEPTIC TANK
100t�� -•�'300E
>< 310�y 110 TRAINING BLDB. 713 WATER STORAGE TANK
Si t—x J ' 30 1 112 ELECTRIC POWER STATION
SEWAGE TREATMENT s 2 loa HELIPAD
i 0 O,p d 114 PAINT STORAGE
.... .-'•
115 SECURITY SENTRY HOUSE •
f o aoe—x y.......
x I L17 DIESEL STORAGE A a s �' w CL ARA TA SAN DOSE
I J I1 118 DIESEL FUEL PUMP `
511 S12 ! ( 0
119 C.E.MAINTENANCE SHOP � P
X
1 20 WHSE.SUP. 6 EQUIP. 17
tJ SI3
124-130 FIRE HOSE HOUSE a N
L
00 -_f 140-143 SEWAGE SEPTIC TANK 1
e o 1
505 CARPORT '� 200 WATER PUMP a Ia c90P
I-J 514 232 FIRE HOSE HOUSE Ip �O
r 510-505 FIRE HOSE HOUSE iJ 205 B.O.Q.
y 510-517 FAMILY HOUSING ��X 206 FIRE. HOSE HOUSE 233 BARRACKS (AMN.DORM)ICHAPEL CREEK ER A%R,FORC4 5 T10M
1 FAMILY HOUSING / 1 207 ORDERLY ROOM(SO.H0.) 234 FIRE HOSE HOUSE r A•Af�96
- I/ - 211 MOTOR POOL(AUTO.MAINT.) y i 1 _ ALrAO[N
—f [-- 21 Z NCO OPEN MESS `\� \
FCLTON �
215 DISPENSARY \ .
215 FIRE HOSE HOUSE 245 RECREATION BLDG. .\•,�
•609ADAM 217 BOWLING ALLEY 250 AUTO. MAINT. STORAGE
Q 226 FIRE,HOSE HOUSE 275 SWIMMING POOL VICINITY MAP I�
0 2607 WATER PUMP
Sheetl
MT. UMUNHUM ASBESTOS AND LEAD
ABATEMENT COST ETIMATE SUMMARY
BUILDING# ASBESTOS LEAD TOTAL
ABATEMENT ABATEMENT
100 $84,962.00 $5,311.00 $90,273.00
102 $290,325.50 $4,785.00 $295,110.50
103 $0.00 $570.00 $570.00
105 $3,787.50 $930.00 $4,717.50
108 $225.00 $5,847.00 $6,072.00
110 $8,546.00 $810.00 $9,356.00
112 $46,607.50 $6,473.00 $53,080.50
114 $75.00 $706.50 $781.50
115 $1,819.75 $30.00 $1,849.75
117 $0.00 $224.00 $224.00
119 $13,970.00 $2,355.00 $16,325.00
120 $16,922.50 $1,268.00 $18,190.50
120 B $0.00 $5,311.00 $5,311.00
125 $0.00 $8.00 $8.00
200 $240.00 $72.00 $312.00
200 A $0.00 $450.00 $450.00
200 B $0.00 $525.00 $525.00
205 $23,022.75 $2,050.00 $25,072.75
207 $27,652.75 $500.00 $28,152.75
211 $9,042.50 $1,288.00 $10,330.50
212 $23,830.25 $1,000.00 $24,830.25
213 $12,714.00 $1,674.00 $14,388.00
215 $0.00 $50.00 $50.00
217 $10,593.75 $1,026.00 $11,619.75
225 $34,349.50 $5,782.00 $40,131.50
229 $45.00 $0.00 $45.00
230 $8,161.75 $1,320.00 $9,481.75
231 $45.00 $0.00 $45.00
232 $0.00 $50.00 $50.00
233 $32,625.00 $6,818.00 $39,443.00
234 $8.00 $4.00 $12.00
240 $22.50 $8.00 $30.50
242 $22.50 $8.00 $30.50
244 $22.50 $8.00 $30.50
245 $23,224.75 $1,326.00 $24,550.75
250 $870.00 $50.00 $920.00
275 $0.00 $30.00 $30.00
276 $218.50 $0.00 $218.50
303 $60.00 $205.00 $265.00
505 $367.50 $13,093.00 $13,460.50
506 $0.00 $50.00 $50.00
507 $0.00 $50.00 $50.00
508 $0.00 $50.00 $50.00
509 $137.50 $50.00 $187.50
510 $69,169.50 $5,973.50 $75,143.00
511 $69,271.50 $5,717.50 $74,989.00
Page 1
Sheet1
BUILDING# ASBESTOS LEAD TOTAL
ABATEMENT ABATEMENT
512 $80,004.00 $6,093.50 $86,097.50
513 $69,196.50 $6,101.50 $75,298.00
514 $69,196.50 $5,973.50 $75,170.00
515 $59,757.00 $6,441.50 $66,198.50
516 $25,160.25 $4,345.50 $29,505.75
517 $63,532.00 $6,788.50 $70,320.50
600 $300.00 $910.00 $1,210.00
602 $0.00 $375.00 $375.00
607 $0.00 $508.00 $508.00
700 $9,075.00 $453.00 $9,528.00
713 $0.00 $50.00 $50.00
715 $979.00 $1,195.00 $2,174.00
884 $60.00 $5,017.50 $5,077.50
Totals: $1,190,218.00 $128,109.00 $1,318,327.00
Page 2
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y
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-16
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
6:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
June 25, 1997
(6:30) ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS
CLOSED SESSION
The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn
the Special Meeting Closed Session to the conclusion of the Regular Board Meeting,
and at the conclusion of the Regular Meeting, the Board may reconvene the Special
Meeting Closed Session.
1. Public Employment - Government Cade Section 54957
Public Employee Performance Evaluation - District Controller
2. Public Employment - Government Code Section 54957
Public Employee Performance Evaluation - General Manager
(7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS
** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- M. Davey
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
(7:45) 1. Acceptance and/or Comments on the Findings of Consultant ATC
Environmental, Inc.'s Report on Asbestos and Lead Studies at Mt. Umunhum
Area, Sierra Azul Open Space Preserve and the Next Steps Recommended by
Staff to Pursue Cleanup of the Site, Including Formation of a Restoration
Advisory Board through the U.S. Army Corps of Engineers and Authorization
of Additional Budget in the Amount of $9,070, Increasing the Budget for the
Asbestos and Lead Studies from $21,730 to $30,800 to Cover Additional
Work Required to Complete the Studies -- R. Anderson
330 Distel Circle I Los Altos, CA 94022-1404 Phone:41 5-691-1200
FAX:415-691-0485 E-mail: mrosd@openspace.org Web site:www.openspace.org
(3oarct at(Jire(tors.Pete Siemens,Mary ( Davey,led C yr, David
I.Smernoff,Nonette t lanko,Betsy Crowder, Kenneth C. Nitz ° General vl ow,ger L.Craig Britton
Meeting 97-16 Page 2
(8:00) 2. Declaration of Surplus Property and Authorization to Accept Offers to
Purchase a Long-Term Interest in a 10 Acre Parcel Adjoining Skyline Ridge
Open Space Preserve; Determination that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act;
Approval of the Agreement to Purchase Fee Determinable Estate and Set the
Minimum Bid at $310,000, and Set July 11, 1997 at 5:00 P.M. as the
Deadline for Submitting Sealed bids for Purchase of the Surplus Property with
Final Board Action Scheduled for the Director's Regular Meeting of July 23,
1997 -- M. Williams
(8:15) 3. Proposed Addition of Zelhart Property to the Kennedy Limekiln Area of Sierra
Azul Open Space Preserve; Determination that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act;
Tentatively Adopt the Preliminary Use and Management Plan Including
Naming the Property as an Addition to the Kennedy Limekiln Area of Sierra
Azul Open Space Preserve and Indicate their Intention to Withhold the
Property from Dedication as Public Open Space -- M. Williams
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 Zelhart, Et Al)
(8:25) 4. Proposed Addition of McKannay Property to Mt. Umunhum Area of Sierra
Azul Open Space Preserve; Determination that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act;
Tentatively Adopt the Preliminary Use and Management Plan Including
Naming the Property as an Addition to Mt. Umunhum Area of Sierra Azul
Open Space Preserve and Indicate their Intention to Withhold the Property
from Dedication as Public Open Space -- M. Williams
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 McKannay, Et Al)
(8:35) 5. Adoption of the Amendment to the Use and Management Plan for Monte Bello
Open Space Preserve to Establish a Public Permit Parking Area Near the
Southern End of Monte Bello Road and Determination that the Project is
Categorically Exempt from the California Environmental Quality Act (CEQA)
-- R. Anderson
*** 6. Authorization for the General Manager to Execute a Purchase Contract with
Sutter Equipment for a Tractor Trail Dozer at a Cost of$64,057 -- D. Topley
Meeting 97-16 Page 3
*** 7. Final Adoption of Amendment to Contract with Public Employees Retirement
System (PERS) for Local Miscellaneous Members to Provide 2 Percent at 55
Retirement Formula and Authorization for the Presiding Officer to Execute the
Amendment -- D. Dolan
Resolution Authorizing an Amendment to the Contract
*** 8. Authorization for Director Crowder to Attend the Annual National Land Trust
Conference in Savannah, Georgia at a Projected Cost of$1,500 -- C. Britton
(8:40) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
CLOSED SESSION - (Continued, if necessary)
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 without discussion by one motion. Board
members. the General Manager. and members of the public may request that an item be removed
from the Consent Calendar during consideration of the Consent Calendar.
NOTICE OF PUBLIC MEETINGS
The Use and Management Committee for El Corte de Madera Creek Open Space
Preserve will meet on Monday, June 30, 1997 at Gordon Mill Trailhead (Gate
CM03) at 6:00 P.M. The committee will select a Committee Chairperson for
1997 and hike a portion of the Preserve to look at the proposed realignment of
Trails B8 and B10.
Another Regional Open Space Planning Workshop will be held on Wednesday,
July 16 at Canada College, Building 2, Room 10, off Farm Hill Boulevard, east
of 280, Redwood City.
I
Regional n . ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL MEETING
USE AND MANAGEMENT COMMITTEE
AGENDA
6:00 P.M.
Monday, June 30, 1997
Gordon Mill Trailhead (Gate CM03)
El Corte de Madera Creek Open Space Preserve
(6:00) ROLL CALL AND INTRODUCTIONS
ORAL COMMUNICATIONS - Public
ADOPTION OF AGENDA
COMMITTEE BUSINESS
I. Selection of Committee Chairperson for 1997.
2. Hike a Portion of the Preserve to Look at the Proposed Realignment of
Trails B8 and B10
(8:30) ADJOURNMENT
330 Distel Circle 0 Los Altos, CA 94022-1404 0 Phone:415-691-1200
FAX:415-691-0485 1 E-mail: mrosdaopenspace.org 0 Web site:www.openspace.org
Board of Directati:Pate Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz s General Manager L.Craig Britton
Regional Open ace
R-97-93 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-16
June 25, 1997
AGENDA ITEM
Report on Asbestos and Lead Studies and Request for Additional Budget Authorization,
Mt. Umunhum Area, Sierra Azul Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Accept and/or comment on the findings of the consultant's report and the next steps
recommended by staff to pursue cleanup of the site, including formation of a
Restoration Advisory Board through the U.S. Army Corps of Engineers.
2. Authorize additional budget in the amount of$9,070, increasing the budget for ATC
Environmental, Inc. for the asbestos and lead studies from $21,730 to $30,800 to cover
additional work required to complete the studies.
DISCUSSION
At your August 14, 1996 regular meeting you authorized the General Manager to enter into an
agreement with ATC Environmental, Inc., of Marina, California for assessment of asbestos
and lead-based paint contamination at the former Almaden Air Force Station facilities on Mt.
Umunhum (see report R-96-84). The objectives of the study were to provide a survey of the
84 structures at the site to evaluate the presence of asbestos or lead-based paint that would
require treatment as toxic waste prior to the potential demolition of the structures. As required
by the U.S. Environmental Protection Agency (EPA), and enforced locally by the Bay Area
Air Quality Management District, a comprehensive survey for asbestos-containing materials is
required prior to any demolition activities. Although such a survey is not required for lead-
based paint, it is also classified by EPA as a hazardous material, depending on the
concentration, and the law requires that the contractor be informed of the presence of lead and
for the lead to be handled as hazardous waste.
Other hazardous materials at the site have already been removed over the past few years by the
U.S. Army Corps of Engineers (the Corps). These materials included stored containers, PCB-
containing transformers, underground fuel tanks and lines, and at least part of any fuel-
contaminated soil. The work completed by the Corps entailed several hundred thousand
dollars of assessment and cleanup contracts. This work was undertaken by the Corps only
after several years of lobbying efforts by the District and local to national-level elected
representatives. This cleanup work is enabled under the congressionally-authorized Defense
Environmental Restoration Program (DERP) for Formerly Used Defense Sites (FUDS in
government parlance). Although the goals of the programs, as outlined in the attached
brochures from the Corps, include "demolition and removal of unsafe buildings and
structures," at this point the Corps disclaims further responsibility for cleanup or demolition.
330 Distel Circle 0 Los Altos, CA 94022-1404 * Phone:415-691-1200
FAX:41.5-691-0485* E-mail: mrosdaopenspace,org Web site:www.openspa(e.org t�s
Hoard of Directors:fete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C.Nitz I General Manager:L.Craig Britton
R-97-93 Page 2
The asbestos and lead-based paint survey involved collection and testing of hundreds of
samples. Both the testing procedures and the resulting report are highly technical. Copies of
key portions of the report are available upon request, and the entire three-volume report is also
available for review. ATC Environmental encountered far more suspect materials than
originally anticipated. ATC has requested compensation for additional sampling, testing, and
reporting in the amount of$18,140. Because ATC's contract was on a fixed fee basis, staff
believes that the District had some protection from additional costs on the project. However,
recognizing that by its nature the project involved discovery of conditions and that the District
has benefited from the additional work, staff recommends that ATC be compensated for part
of the additional time and expense. Staff has negotiated an agreement with ATC, subject to
Board approval, to pay half of the requested additional fees, or $9,070. The additional budget
is anticipated to be available in the capital improvement budget from contingencies provided
for unanticipated projects and due to projects which may not be completed due to unforeseen
circumstances.
ATC confirmed that most of the buildings contain both asbestos and lead materials. A
summary is attached of the building-by-building and total cost estimate for removal of these
materials in accordance with state and federal regulations for handling of hazardous waste.
The total cost is estimated at just over $1.3 million. In many cases, demolition would be
incidental to the hazardous waste removal; that is, the building would have to be virtually
demolished to remove the hazardous materials. Thus for the simpler structures, the cost for
demolition might be no more than the hazardous waste removal cost. However, for the larger
and more complicated structures, demolition of foundations, disposal of non-hazardous
materials, and restoration of the site could be substantially more than the hazardous waste cost.
In some cases, such as the "blockhouse building" main radar tower, demolition may be
problematic.
As specified in their proposal and contract, ATC used testing methodology that is less
expensive and less accurate than other methods that are available. In this case, where positive
samples are below regulatory thresholds, ATC must assume that the material is hazardous,
which is reflected in the removal cost estimate. This approach is economical because where
positive results are well above the thresholds, the more expensive testing is not necessary.
Where the contamination amounts are potentially close to regulatory thresholds for handling as
hazardous waste, and there is a significant amount of the suspected material, it would be
worthwhile to pay for further testing on these materials to see if some of them would test
under the threshold, as there is a good chance that the cost spent on testing would be much less
than the resulting savings on hazardous waste cleanup. ATC has estimated the cost for the
applicable additional testing at $7,424. The District is not contemplating directly funding the
cleanup effort, but anticipates using the report to solicit federal government funding for the
project. It may not be necessary to spend additional money on testing or demolition plans and
estimates before the federal government can be convinced to take responsibility for the project.
In summary, the $1.3 million hazardous waste removal cost may be reduced through additional
n w
FUDS
} - t
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FORMERLY USED
DEFENSE SITES `
. � Y'' ) '•.T � � � � .'�".1�, � DTP
_� f +u., .1 F*► � � � / � ��z. • by _`
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U.S.ARMY CORPS OF ENGWEERS THE U.S.ARMY CORPS dF ENGINEERS
ENGINEERING&SUPPORT CENTER, HUNTSVILLE ORDNANCE AND EXPLOSIVES CENTYRj
PO BOX 1600 EXPERTISE&DESIGN CENTER
HUNTSVILLE,ALABAMA 35807
205-895-1300
I
i
Formerly Used De e7�se Sites (FUDS)
The Goals of FUDS cleanup include Pro-ram Management
Phases/Public Involvement
the following:
• Identification, investigation,and removal of he U.S.Army Corps of Engineers is the he FUDS pro-ram is implemented in th
c
hazardous waste contamination. T Tmajor phases:0
Department of Defense Executive Agent for the
• Correction of other environmental damage; such FUDS program. Headquarters,U.S,Army Corps of
as,detection and disposal of unexploded Engineers,develops the overall FUDS program Inventory Phase—reviewing historical
ordnance policies and provides funding to the geographic records for the site to determine FUDS
C
• Demolition and removal of unsafe buildings and Corps districts and divisions who will perform the eligibility and to determine the severity of the
structures. FUDS cleanup. potential environmental problems.
- Study Phase—conductino a site visit and
to the priority of F
undin-o is established according g contamination evaluation to define the types the sites beino,considered for cleanup. Sites
o be eligible for cleanup under the FUDS C of hazards that exist and,through stakeholder
0 which present the greatest potential risk to human
Tprogram,a site must have been owned,leased, consensus, recommend cleanup alternatives.
0
or possessed by the Department of Defense,or under health are assigned the highest priority.
C . Response—removal. neutralization,and
its jurisdiction at the time the contamination C
occurred. The hazards must be the result of defense- leanup efforts have no predefined time limits. remediation of the site hazards. (Removals Every FUDS action is unique,and the duration may be performed during any phase, if
related activities at the site. of the cleanup project depends on several factors, warranted.)
Examples of sites which are ineligible for cleanup such as: he FUDS cleanup is complete when a post-
under FUDS include cemeteries,areas outside - Size of the project site Tcleanup inspection verifies that contamination
United States jurisdiction,Corps of Engineers civil reduction goals developed by the stakeholde,
C - "'hat activities are required
works sites, sites contaminated by acts of war,and have been reached.
areas without historical records. - How Much funding is available
The key to successful FUDS cleanup is the
teamwork between the Corps, Federal and
State/local regulatory agencies,and the local
community. Public meetings,workshops,and
personal contacts provide valuable information to
the project's decision-makers. Feedback to the
public is provided through public awareness
programs and publication of project documents for
public review and comment. In many
communities,a Restoration Advisory Board is
established to review the progress of the FUDS
project and to provide additional communication
between the Corps and the community. This board
is jointly chaired by representatives from the
Corps and the local community.
h
i
P
establish a deadline for submission of the completed
community interest forms. They mail letters of
invitation,fact sheets,and community interest forms to +�
selected groups and individuals. They place fact sheets .,
and community interest forms in local information
repositories.The selection committee then holds a
public meeting to discuss the purpose of the RAB,to
explain the solicitation process and member
responsibilities,and to distribute fact sheets and
community interest forms. At the close of the
solicitation period,the selection committee develops the
list of recommended RAB members.
' s
Step) S �s
Installation Commander or Corps'Project Manager t
reviews and accepts RAB membership list.Selection
panel is disbanded.
Step
( 5 ) az
Corps District sends selection letters to RAB = a
members and response letters to all who submitted MY
community interest forms. The final action is to publish
notices of RAB membership and the meeting time for
the first RAB meeting.
,.�� �,. � � a•+yap e
t 11
S
....,. The Restoratio Advisory i ! . (RAB)
Involvin thehen a Restoration Advisory Board is established, election of the communih members who will be on
Wthe members are expected to: Sthe RAB follows its own five-step process.
• Prov ide input to env ironmental restoration issues to
• Army installations and regulator} a encies
Nblic • Hold regular meetings.which are publicly announced t
and open to the public at convenient times and
locations
n keeping with the goal of full public involvement in • Review_ev aluate.and comment on project Installation Commander or Corps`Project Manager',in
Installation restoration decisions and activities.the documents consultation with the state and U.S.Environment,
• Recommend priorities among sites or projects Protection Agency)identifies diverse community
Army encourages creation of a Restoration Advisory p p interests(business/home owners associations,local
Board(RAB). The RAB is a forum for discussion and • Identif} applicable standards for cleanup officials,civic groups,environmental groups,
exchange of information about an installation"s • Propose cleanup levels consistent with planned land environmental justice groups:i.e.,low income/minority
environmental restoration program under Installation use as specified in the Comprehensive Environmental groups,etc.). For IRBRAC projects,local land reuse
Restoration/Base Realignment and Closure(IRBRAC) Response.Compensation.and Liability Act committee members are included.
or Formerly Used Defense Sites(FURS). (CERCLA)
The primary purposes for establishing the RAB is to key to understanding the purpose of the Restoration
involve the local community in the decision making Advisory Board is recognizing the value of true Sly
process for ordnance responses by: public involvement.
• Making information about the ordnance removal progressive and successful public involvement
processes,risks,and progress available to the program prevents delays and assists,rather than 2 )
public" deters,the project. A Restoration Advisory Board that
Proect Manager(in
represents the entire community establishes the basis for nstallation Commander or Corps'
• Establishin a formal forum for publicJ
participatiogn on the project. public rapport. (consultation with the same groups as in Step One)
Establishment of the Restoration Advisory Board organizes a selection panel of community members to
requires a careful,well-planned process. nominate RAB members who represent a cross-section
Resioration Advisory Board members include of diverse community groups.
epresentatives from: I Select co-chairpersons from the installation or Corps.
and the local community
• U.S.Army Corps of Engineers or Arm} installation
• Local community 2 Select members from the installation.regulatory
• U.S.Environmental Protection Agency aLencies,and community,via the RAB Membership
Selection Panel 3
• State environmental regulator}� agencies \\\-
• Local government 3 Establish procedures to handle membership
resi,o nationsladditions
he selection panel identifies community interest
4 Define administrative.technical,and public affairs groups that must be represented on the RAB,
Restoration Advisory Board is NOT always support responsibilities develops a solicitation process,and establishes the
established The decision whether or not to form a criteria for selecting RAB members. Usually,the
RAB is made b} the commander and the Corps'Life
5 Establish funding for public participation,and selection committee announces participation
� support Cycle Project Manager based an the level of community administrative and technical su pp opportunities through news releases and paid public
interest in the project. 6 Implement communication program for community notices. They develop a community interest forum to
ins oIy ement and notifications identify local concerns and levels of interest,and
Regional
R-97-99 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-16
June 25, 1997
AGENDA ITEM
Declaration of Surplus Property and Authorization to Accept Offers to Purchase a Long-Term
Interest in a 10-Acre Parcel Adjoining Skyline Ridge -Space Preserve
GENERAL MANAGER'S RECOMMENDATiOIVS
1. Determine that the recommended actions are categori y exempt from the California
Environmental Quality Act as set out in this report.
2. Declare San Mateo County Assessor's Parcel 080-282-050 as surplus to District's
needs.
3. Approve the terms of the attached Agreement to Purchase Fee Determinable Estate and
set the minimum bid at $310,000.
4. Set July 11, 1997 at 5:00 P.M. as the deadline for submitting sealed bids for purchase
of the surplus property with final Board action scheduled for your meeting of July 23,
1997.
DISCUSSION
A developed 10-acre property located near the west boundary of Skyline Ridge Open Space is
being considered as surplus land and a long-term interest in the property is proposed to be
offered for sale. The property was initially purchased by the District in 1986 as part of a
larger acquisition and later was part of a 12-acre parcel sold to a private party who resided on
the property for six years. In April, 1996, the District repurchased the property after
exercising a right of first refusal (see Report R-96-07). The primary reason for repurchasing
the property was to eliminate conflicts in land use between the private holding and the
adjoining open space preserve.
The 10-acre property includes all but two acres of the original 12-acre parcel that was recently
repurchased and is developed with a number of residential and ancillary structures. It was
originally part of a larger 54-acre acquisition determined to be desirable open space because it
was highly visible from the Skyline Ridge Open Space Preserve and a natural extension of the
preserve and its trail system. Even though the acquisition cost was high because of the
developed area of the property, the acquisition was approved under the condition staff would
seek a long-term lease or purchase arrangement of the developed area to offset the cost. This
was accomplished in 1988 when the 12-acre developed area was sold on a long-term basis to a
private party.
330 Distel Circle W Los Altos, CA 94022-1404 o Phone:415-691-1200
FAX:415-691-0485 @ E-mail: mroscl@ol:)enspa(-e.org 0 Web site:www.ol)enspace.org Eta
Board of(directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder, Kenneth C. Nitz* General Manager:L Craig Britton
R-97-99 Page 2
The property was owner-occupied for six years and later abandoned when foreclosure
proceedings were initiated against the private owner in 1994. Under private ownership, the
District experienced difficulties managing the surrounding preserve and enforcing the terms of
the Agreement. Problems occurred with construction of non-permitted structures, limited
patrol capabilities, trespass resulting from open gates, and noisy activities that interfered with
the public's enjoyment of the preserve. The most serious problem involved the construction of
a boat house adjacent to the pond which was built without permits and in violation of the
Agreement. After the property was abandoned, the structures and facilities fell into disrepair
and have not been maintained due to a landslide that has blocked vehicular access.
Since the property was repurchased, staff has explored alternative land uses and determined
that private ownership of the area surrounding the structures continues to be beneficial to the
District under the condition that the original boundaries and terms of the sales agreement are
somewhat modified. Investigations indicated the residential structures are in fair condition and
valuable in terms of their potential residential use. Driveway repairs are being undertaken
because access to the area is essential for management purposes. Future trail connections to
Russian Ridge Open Space Preserve and Portola State Park were also investigated and
alignments are proposed to circumvent the developed site in order to reduce potential conflicts
between trail users and residents. In response to the past problems relating to the use of the
pond area and construction of illegal structures, the proposed boundaries of the property are
being modified to exclude the pond and strengthen conditions for restricting new construction
and changes to existing structures.
Based on the conclusion that the property is suitable for private residential use, staff now
proposes to proceed with soliciting offers for sale of a long-term interest in the property. The
process will involve advertising the availability of Lie property, providing interested parties
with a draft purchase agreement, accepting sealed offers and returning to you for authorization
to enter into a contract once offers are received and evaluated. This report includes the draft
purchase agreement for your approval at this time. The deadline for offers is anticipated to be
July 11, 1997 and staff will return to you for approval of the sale at your July 23 meeting,
assuming an acceptable bid is received.
DESCRIPTION (see attached maul
The 10-acre property is located near Alpine Road south of Skyline Boulevard and is
surrounded by Skyline Ridge Open Space Preserve on the north, east and south sides, while
private property lies to the west. A deteriorated paved driveway accesses the property across
an easement over the open space preserve.
The property lies on the top of a ridge, overlooking the headwaters of Peters Creek and the
western slopes of the Skyline Ridge Open Space Preserve. Elevations range from a high point
of 2,400 feet at the northwest corner to a low of approximately 2,200 feet in the southeast
R-97-99 Page 3
corner. The top of the ridge where the improvements are located is open and grassy, with
gentle slopes and magnificent views to the south and west. The property drops down to a
stock pond which is fed by springs. Several jeep trails provide access down to Peters Creek
and Old Page Mill Road. Currently, these roads are not passable to vehicles due to numerous
small landslides.
The main house is a single story ranch style residence built of wood painted board and batt
wood siding, composite roof, and extensive glass doors and windows. A wood deck surrounds
the house on the south, east, and north sides. A concrete deck and pool are located on the
west side. The interior contains approximately 2,000 square feet, including an entry, living
room, kitchen with breakfast area, office, guest bedroom and full bath, master bedroom and
full bath. Under the guest bedroom are a sauna and utility room. The house is well oriented
on the site, having a southern exposure, with a very usable floor plan.
The guest house adjoins the main house and is of the same style and design. Its 630 square
feet contain a living room, kitchenette, bedroom and bath. The pool lies between the guest
house and main house. It measures 15 feet x 40 feet and is surrounded by concrete decking.
Set up the hill and away from the main house and guest house is a two story A-frame dwelling
unit, containing an entry, kitchen-breakfast area, living room and two upstairs bedrooms and
bath totaling 840 square feet.
The outbuildings include a metal warehouse with two storage sheds attached, horse barn,
workshop, open stalls, tack room, trailer, and barn. The total of all these buildings is 3,650
square feet.
Across from the workshop is a petroleum storage tank and gas pump. There is a greenhouse
and enclosed rose garden. Additional improvements include gas and propane electric
generators, a 3,000 gallon underground gasoline storage tank, and a 10,000-gallon propane
tank. The underground storage tank has been inspected and no leaks were found. There are
four springs and two small wells on the property with a total storage capacity of 15,000
gallons. Two redwood tanks provide for a pressurized domestic water system and a fire
system. All utilities are underground. Additional improvements include a paved access road
from Alpine Road, fencing, irrigation systems, etc.
Below the developed area, a newly constructed 11h story boat house with composting toilet and
extensive piling and decking located next to the pond. A plastic liner has been installed in the
pond itself. These improvements were added by the previous owner without permits and in
violation of the Agreement.
R-97-99 Page 4
ITSE AND MANAGEMENT PLAN
Planning Considerations
The 10-acre property is located in San Mateo County and is zoned Resource Management
(RM). Alpine Road is designated a Scenic Corridor in the San Mateo County General Plan.
The San Mateo County Trails Plan has proposed a trail connection on Old Page Mill Road
between Skyline Ridge Open Space Preserve and Portola State Park. Existing jeep trails
connect Old Page Mill Road with the property. At the time of initial acquisition of the 54-acre
parcel, the 12-acre developed area was identified as an ideal long-term trail connection
between portions of Skyline Ridge Open Space Preserve and Russian Ridge Open Space
Preserve.
Since the sale of the property in 1988, the District's purchase of a majority interest in the Big
Dipper Ranch and grant funding to purchase a portion of the intervening private property has
made the development of a public trail along the alignment of Old Page Mill Road more
immediate for the District. We anticipate that the Old Page Mill Road, when opened, will be
a very popular route for District visitors. A trail connection between Skyline Ridge and
Russian Ridge Open Space Preserves is planned in the vicinity of the 10-acre parcel. Two
alternatives have been outlined, one of which would be within the property following the west
boundary. There is a provision for this trail in the draft purchase agreement.
With the potential for increased trail use on Old Page Mill Road likely during the lifetime of
the proposed private ownership, patrol access through the property will be critically important
in order to enforce District regulations and respond to emergencies. The draft agreement will
provide for adequate patrol.
The terms and conditions of the original agreement allowed for the construction of a tennis
court within the exchange area. A tennis court has been determined to potentially impact the
adjacent Skyline Ridge Open Space Preserve and has been excluded from the draft agreement.
During the foreclosure process, it was noted there may have been a leak in a 3,000-gallon
underground gasoline storage tank on the property. An investigation was conducted and it was
determined that there are no leaks in the tank. Even so, the draft Agreement provides for the
tank to be removed by the District in accordance with County of San Mateo regulations, as the
long-term potential for leaks would threaten adjacent open space and potentially contaminate
land that will be returned to the District at the end of the sale term.
Interim Use and Management Plan Recommendations
The interim use and management plan applies to the 2-acre pond area being retained by the
District and tasks associated with meeting conditions contained in the draft purchase
4 z
R-97-99 Page 5
agreement. The plan will take effect immediately and remain effective until an Interim or
Comprehensive Use and Management Plan is revised. Future land use decisions, including
plans for increased pubic access, will follow further environmental assessments to ensure land
use decisions are consistent with ecological values.
Boundary Line Adjustment: Adjust and survey if necessary boundary line to exclude pond
area from property to be offered for purchase.
Dedication: Indicate intention to dedicate approximately two-acre pond area as public open
space.
Driveway: Complete repair of the landslide and open driveway.
Improvements: Remove gasoline tank and boathouse and restore areas.
Site Safety Inspection: Inspect the two-acre pond area to determine if there are hazards that
need to be mitigated.
CEOA COMPLIANCE
PEW ,jest Description
The project includes designating a 10-acre parcel of District land as surplus property and
entering into an agreement to sell a long-term interest in the surplus property. The property is
developed with a principal residence, 2 guest houses, barn and riding arena. The buyer agrees
to reside on the property and is restricted from grading, dumping, and constructing new
buildings, additions to buildings, or recreation facilities. These development restrictions
remain with the property if the property is sold in the future. The District has first right of
refusal to purchase the property if the buyer decides to sell the long-term interest. A single-
family residence with two guest houses and limited farming activities are the only foreseeable
uses of the land. Residential and farming activities represent past uses of the land.
CEQA Determination
It has been concluded that this project will not have a significant effect on the environment. It
is categorically exempt from CEQA (the California Environmental Quality Act) under Article
19, Sections 15301, 153121 15313 and as follows:
Section 15301 exempts operation, repair, maintenance, or minor alteration of existing public
or private structures and facilities involving negligible or no expansion of use beyond that
previously existing. Under private ownership, the structures and facilities will be used for
residential and farming activities as they have in the past. Development restrictions prohibit
expansion of structures, facilities and related uses of the land.
R-97-99 Page 6
Section 15312 exempts the sale of surplus government property. In 1988, the District sold a
long-term interest in the developed 12 acre parcel and then repurchased the property in 1996
after lengthy foreclosure proceedings. The property has been re-examined for open space
purposes and it has been determined the majority of the parcel does not have valuable open
space characteristics because it is developed with residential and auxiliary structures. One
small area around the pond which was part of the original 12-acre parcel will be incorporated
into the preserve because it provides valuable wildlife habitat.
Section 15315 exempts minor land divisions. The 10-acre parcel is being formed through a lot
line adjustment. The action is in conformance with the General Plan and zoning ordinances in
San Mateo County. Since this property was part of the original 12-acre parcel, no new parcels
will be created.
TERMS AND CONDITIONS
Based upon the proposed Agreement to Purchase Fee Determinable estate, the long term interest
in the subject 10-acre property is to be offered at a minimum purchase price of$310,000. The
purchase price reflects the District's repurchase of$275,000 in April 1996 plus $35,000 which is
the estimated cost to repair the slide on the access road. The District will also incur
approximately $10,000 in costs to remove and dispose of the existing underground fuel tank on
the property.
The District reacquired this property to protect surrounding open space by providing improved
patrol access, and eliminating illegal and/or undesirable improvements and use conflicts. The
proposed sale of the property allows the District to recoup the repurchase price and road repair
costs, but is not viewed as a money-making endeavor. The proposed sale proceeds will be used
for acquisition of additional open space purchases in the District's planning area.
Key conditions of the proposed transaction are:
1. The two-acre pond area(including the illegally constructed boat house) is being eliminated
from the estate area.
2. District will have unrestricted patrol access through the property to access lower Skyline
Ridge Open Space Preserve.
3. Restriction on any new building construction, including written design and review approval by
District of any proposed improvements on the property.
4. The District retains a right of first refusal to repurchase the property with the purchase price
decreasing over thirty years to a zero value.
5. The reservation of a public trail easement through the property for a future trail alignment
connecting Skyline Ridge and Russian Ridge Open Space Preserves.
R-97-99 Page 7
6. The Purchaser is acquiring the property on an "As-Is" basis subject to a 21-day period to
inspect the existing water systems and the driveway road repair.
7. District is responsible for repairing the access road driveway at an estimated cost of$35,000
which is included in the minimum purchase price.
S. District is required to remove and dispose of the existing underground gasoline storage tank.
The District has previously received two offers on the property. Both parties have indicated
that they will submit sealed offers prior to the July 11, 1997 deadline.
Prepared by:
Michael C. Williams, Real Property Representative
Del Woods, Senior Planner
Contact person:
Michael C. Williams, Real Property Representative
SKYLINE R*GE OPEN SPACE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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One Mile
ATTACHMENT A: LOCATION MAP
Trail Use Map Legend
Hiking Only 0 ® # LLLLJ
Q
Hiking,Bicycling, Gate(#s) Trail Distance in Miles Ranger Facility Restroom Whole Access Parking Lot Other Public Lands
Equestrian Trail
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Creek ",i Q E``:'•:%"``'`<.
Note:
Dogs are not allowed Bay Area Ridge Trail Vehicle Driveway Nature Center Residence Handicapped Equestrian Parking No Public Entry
on this preserve Parking Only Private or Leased Lands
(.
�I
AGREEMENT TO PURCHASE FEE DETERMINABLE ESTATE
This Agreement is made and entered into by and between , hereinafter
called "Purchaser" 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, herein-
after called "District."
RECITALS
WHEREAS,District is the owner of certain improved real property containing approximately twelve (12)
acres which is a part of the Skyline Ridge Open Space Preserve located within an unincorporated area of
the County of San Mateo, State of California, and being more particularly described within the body of
this Agreement; and
WHEREAS, Purchaser desires to purchase a long-term interest in the said improved real property
containing approximately twelve(12) acres for their personal residence; and
WHEREAS, District wishes to sell and convey a long term interest in said improved real property to
Purchaser, and Purchaser wishes to purchase said long term interest upon the terms and conditions set
forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants
herein contained, the parties hereto agree as follows:
1. Purchase and Sale.
(a) Subject to the provisions of Section 1(b), District agrees to sell to Purchaser and
Purchaser agrees to purchase from District, a fee determinable estate(as defined in Section 3
hereinbelow) in the District's improved real property located within the unincorporated area of the
County of San Mateo, State of California, containing approximately twelve(12) acres, more or less, and
commonly referred to as San Mateo County Assessor's Parcel Number 080-282-050. Said Property
being further described in the Legal Description attached to Policy of Title Insurance number 417162
from First American Title Insurance Company dated April 26, 1996, a copy of said Policy of Title
Insurance attached hereto as Exhibit "A", and incorporated herein by this reference. Said improved real
propertyfinterests hereinafter called the "Subject Property" or the "Property".
(b) District and Purchaser agrees to exclude the pond area including the building and
improvements from the Property, as shown on Exhibit H("Pond Area"). This area consists of
approximately two (2) acres. District understands and agrees that a legal survey eliminating the pond
area may be required prior to Closing, and District will make provisions for such survey and the cost of
same if necessary. Promptly upon execution of this agreement, the firm of Rick Skeirka, Licensed Land
Surveyor, P. O. Box 620182, Woodside, CA 94062, (415) 851-1236; or other licensed land surveyor
surveyor acceptable to the parties hereto (hereinafter "Surveyor"), will be retained by District to
perform the survey work required under this Section, if necessary.
2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be
Dollars ($ ), which shall be paid in cash
as follows:
(a) Dollars ($ ) payable by
cashier's check or certified check upon execution of this Agreement by Purchaser, made to Escrow
Holder (as hereinafter defined) to be deposited into Escrow (as hereinafter definers) following District
acceptance in accordance with Section 12 hereinbelow, and to be applied toward the Purchase Price;
(b) The balance of the Purchase Price is to be deposited into Escrow on or before the
Closing (as defined below in Section 4).
3. PPr =y Interests to be Conveyed by District. District agrees to grant and convey a
fee determinable estate to Purchaser and Purchaser agrees to receive and accept title from District to a
fee determinable estate in the Property for a maximum of 50 years, together with rights of ingress and
egress from and to Alpine Road, a public road, over adjacent District land, also together with water
rights and existing water lines and other existing utility systems located on adjacent District land as
further defined in Grant Deed, Declaration of Restrictions, Right of First Refusal and Reservation of
Easement Rights, the form of which is attached hereto as Exhibit "B" and incorporated herein by this
reference.
Title and possession of the Property shall be conveyed to Purchaser at the Closing (as hereinafter
defined), free and clear of all liens, encumbrances, easements, assessments, leases (recorded and
unrecorded), restrictions, rights, covenants and conditions of record, except:
(a) The exceptions to title numbered 1 through 13 as shown in said Policy of Title
Insurance (Exhibit A).
(b) Any other title exceptions or encumbrances as may be acceptable to the parties
hereto.
(c) The limitations imposed by the Grant Deed, Declaration of Restrictions, Right
of First Refusal and Reservation of Easement Rights being recorded as a part of the Closing (Exhibit
B).
4. Notice of Disposal of Surplus Land. District and Purchaser agrees in accordance with
Government Codes 54222 (b), and 54223, District will offer to sell the Property to other state or local
park or recreation agencies having jurisdiction within the area. Said agencies will have 60 days from
receipt of notice from the District to notify District of their desire to purchase the Property, in
accordance with said government code sections. In the event District receives such notice from a
Government agency, this Agreement to Purchase Fee Determinable Estate shall be held in abeyance
unless and until the Property is sold to such agency. In the event the Property is sold to such agency,
CASKYLINETURCHASR.AGR Page 2
this Agreement shall terminate and all of Purchaser's rights hereunder shall terminate and be void and
of no further force or effect.
5. Loan Contingency. District and Purchaser understands and agrees that this
Agreement may be subject to Purchaser obtaining pre-qualified loan approval to purchase a fee
determinable estate on or before July 11, 1997. If required, Purchaser shall provide District with
written verification or proof of said loan approval on or before July 11, 1997.
6. Escrow. Promptly upon execution of this Agreement, in accordance with Section 10
herein, an Escrow shall be opened at First American Title Insurance Company, 555 Marshall Street,
Redwood City, CA 94063, (415) 367-9050 (Escrow number 427120) or other title company
acceptable to District and Purchaser (hereinafter "Escrow Holder") through which the purchase and
sale of the Property shall be consummated (herein after the "Escrow"). 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 thirty (30)
days after the repair of the access road by District in accordance with Section 9(a) of this agreement,
but in any case Escrow shall close no later than October 31, 1997; 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) District and Purchaser 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 of the Property pursuant to the terms of this Agreement.
(c) District shall deposit into the Escrow on or before the Closing an executed and
recordable Grant Deed, Declaration of Restrictions, Right of First Refusal, and Reservation of
Easement Rights ( Exhibit "B").
(d) Purchaser shall pay for the Escrow fees, the CLTA Standard Policy of Title
Insurance, if desired by Purchaser, and all recording costs and fees. All other costs or expenses not
otherwise provided for in this Agreement including processing, legal, engineering, surveying, and
other fees incurred by either party pursuant to this Agreement, if any, shall be paid by Purchaser.
District shall incur no out of pocket expenses in implementing this Agreement, other than staff time.
All current property taxes on the Property shall be pro-rated through Escrow between District and
Purchaser as of the Closing based upon the latest available tax information using the customary
Escrow procedures. (The property is currently tax-exempt and there should be no outstanding
property taxes prior to Closing.)
CASM24ETURCHASR.AGR Page 3
(e) First American Title Insurance Company, or other title company acceptable to
District and Purchaser, shall be prepared and committed to deliver to District, CLTA Standard Policy
of Title Insurance, dated as of the Closing, insuring Purchaser in the amount of the Purchase Price for
the Property showing title to the Property vested in fee determinable estate in Purchaser, subject only
to: (i) current real property taxes, (ii) Grant Deed, Declaration of Restrictions, Right of First Refusal
and Reservation of Easement Rights (Exhibit B); and (iii) the exceptions listed in Section 3(a)
hereinabove.
(f) Escrow Holder shall, when all required funds and instruments have been
deposited into the Escrow by the appropriate parties and when all other conditions to Closing have
been fulfilled, cause the Grant Deed, Declaration of Restrictions, Right of First Refusal and
Reservation of Easement Rights to be recorded in the Office of the County Recorder of San Mateo
County. Upon the Closing, Escrow Holder shall cause to be delivered to Purchaser the original of the
Policy of Title Insurance required herein, and to District Escrow Holder's check for the full Purchase
Price of the Subject Property, and to District or Purchaser, 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.
7. Rights and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and Escrow is canceled for any reason, all deposits shall be returned to
Purchaser, all parties shall be excused from any further obligations hereunder, except as otherwise
provided herein. Upon any such termination of Escrow, all parties hereto shall be jointly and
severally liable to Escrow Holder for payment of its title and Escrow cancellation charges (subject to
rights of subrogation against any party whose fault may have caused such termination of Escrow), and
each party expressly reserves any other rights and remedies which it may have against any other party
by reason of a wrongful termination or failure to close Escrow.
8. District's Reresentation and Warranty. For the purpose of consummating the sale and
purchase of the Property in accordance herewith, District makes the following representation and
warranty to Purchaser: District has the full right, power and authority to enter into this Agreement
and to perform the transactions contemplated hereunder.
9. "As Is" Condition. Purchaser specifically acknowledges that the District is selling and
Purchaser is purchasing the Property on an "AS IS WITH ALL FAULTS" basis. Purchaser
acknowledges that Purchaser is purchasing the Property solely in reliance on Purchaser's own
investigation, and that no representations or warranties of any kind whatsoever, express or implied,
have been made by District or its agents. Purchaser has completed any investigations or inspections
of the Property required by to satisfy Purchaser regarding any concerns Purchaser may have related to
the physical condition and location of the Property including without limitation environmental,
geologic, accessibility of road, accessibility and condition of existing water system, utilities, flood,
safety conditions, and/or hazardous substances.
(a) By accepting this Agreement, Purchaser acknowledges and accepts the following
physical conditions of the Property:
CASKYLINETURCHASR.AGR Page 4
(1) The access road and driveway from Alpine Road has a large washout
which District has agreed to repair on a one-time basis only. Upon completion of the initial repair to
the access road, Purchaser will assume all road maintenance and repair responsibilities from Alpine
Road through the Property. If the access road and driveway is not repaired by District prior to
September 31, 1997, Purchaser shall have the option of extending the Escrow or canceling this
agreement.
(2) Purchaser accepts the existing well together with and the water system
and spring, which is located on adjacent District land, in "as is" condition. District makes no
representations or warranties as to the condition of said water systems. District and Purchaser will
enter into an agreement to share maintenance responsibility of the road to the spring and portion of the
water system located on adjacent District land equally (50/50) unless and until such time as said water
systems are abandoned by Purchaser. Each parry's obligation to maintain the road shall be to a
passable and seasonal standard. If an adequate water supply is established on the Property, Purchaser
shall formally abandon the existing spring site and quitclaim to the District all rights to the spring and
the road accessing said spring. If Purchaser abandons the spring site and District desires to thereafter
use the road for a public trail and/or for patrol or maintenance purposes, District shall be responsible
for maintenance of the road below the Property.
(3) District shall be responsible for removing, and disposing of the existing
underground gasoline storage tank on the Property. District shall be responsible for the cleanup of
any hazardous substances related to the underground gasoline storage tank. Purchaser shall =install
any other underground tanks at the Property.
(4) All structures and improvements on the Property have been vacant and in
disrepair and are accepted in their present condition. The District makes no representations or
warranties as to the condition of the structures and/or improvements on the Property. Purchaser will
be responsible for cleaning up the Property, removing all garbage and debris, including the "trailer"
unit, and maintaining the Property in good order and repair. Purchaser will be responsible for all
repair and maintenance to all structures, fixtures and improvements on the Property in compliance
with all applicable building codes, zoning codes and other applicable laws. Purchaser will be
responsible for obtaining any necessary government approvals to preform such work.
(b) Purchaser acknowledges that they have received copies of all reports regarding
the physical, geologic, or environmental condition of the Property presently known to District. The
following documents and inspections have been provided to Purchaser for review:
(1) Pest Control Inspection Report #950586, dated May 11, 1995;
(2) BA Properties, Inc. Property Disclosure Statement, Warranty
Disclaimer, Release and Indemnification, dated June 23, 1995;
(3) Star Inspection Group Property Inspection Report, dated May 11, 1995;
(4) Cornish & Carey Advisory/Disclosure RE Building Permits, Non-
Permitted Construction, dated April 22, 1996;
(5) Cornish & Carey Purchaser's Physical Inspection, dated April 22, 1996;
(6) Cornish & Carey Purchaser's Designation of Inspections, dated April
22, 1996;
CASKYLM\PURCHASR.AGR Page 5
(7) Additional Termite Inspection Waiver, dated April 5, 1996;
(8) Property Inspection Waiver, dated April 22, 1996;
(9) JCP Report Waiver, dated April 22, 1996;
(10) "Environmental Hazards" Booklet;
(11) "Earthquake Safety" Booklet;
(12) BA Properties, Inc. Residential Earthquake Hazards Report, dated April
22, 1996;
(13) Real Estate Transfer Disclosure Statement, dated April 22, 1996;
(14) Smoke Detector Statement of Compliance, dated April 22, 1996;
(15) Hazardous Materials Disclosure, dated April 22, 1996;
(16) Asbestos Disclosure Addendum, dated April 22, 1996;
(17) Septic and Pool Inspection Waivers, dated April 22, 1996; and
(18) Acknowledgment of Receipt "Protect Your Family From Lead In Your
Home", dated April 22, 1996.
(c) District has agreed to sell the Property to Purchaser for the Purchase Price
herein stated because and only because Purchaser has agreed to buy said Property in its present "as is"
physical condition and Purchaser has made certain promises in connection therewith. Purchaser shall
have twenty-one (21) days after the repair of the access road in accordance with Section 9(a)(1) herein
within which to complete any investigation or inspection of the Property required by them to satisfy
themselves regarding only the following specific items: (1) suitability of the existing well and water
systems, and (2) inspection of the repaired access road. Purchaser shall have the right at all
reasonable times to enter the Property to conduct investigations and tests on the Property relating to
the specific conditions above.
(d) In the event Purchaser raises no written objection by the end of said 21-day
period and proceed to complete the transaction contemplated by this Agreement and close Escrow,
lack of such written objection shall constitute and evidence Purchaser's acceptance of the physical
condition of the Property and shall further constitute a waiver and release, as more fully set forth
herein, of any claims as against District relating to the physical condition of the Property.
(e) Other than as specifically mentioned in this Agreement, District 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
biphenyl (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, Purchaser
acknowledges that:
(1) Purchaser has entered into this Agreement with the intention of making
and relying upon their own investigation of the physical, environmental, and economic condition of
the Property;
CASKYLINMPURCHASR.AGR Page 6
(2) Purchaser is not relying upon any statement, representation or warranty
other than those expressly set forth in this Agreement to Purchase Fee Determinable Estate made by
District or anyone acting or claiming to act on District's behalf concerning the Property;
(3) Though Purchaser has received certain reports from District, Purchaser
is relying upon the advice of its own engineering, environmental and other advisors in concluding the
purchase of the Property; and
(4) Purchaser is relying on its own knowledge, appraisals and projections in
evaluating this transaction. Purchaser assumes the risk that adverse physical, environmental, or
economic conditions may not have been revealed by its own investigation of the Property.
(5) Effective as of close of Escrow, Purchaser for itself, partners, agents and
successors or assigns hereby releases and forever discharges District, its officers, employees,
directors, successors or beneficiaries, accountants, and attorneys from all rights, claims and demands
at law or in equity, whether known or unknown at the time of this Agreement which Purchaser has or
may have in the future arising out of the physical, environmental, or economic condition of the
Property.
10. Miscellaneous Provisions.
(a) 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.
(b) Attornas 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.
(c) 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.
(d) Bights 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
c:ISKxLIKETURCHASR.ncR Page 7
remedies which the parties may have at law or in equity in the event of the breach of any of the terms
of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither
constitute the exclusive election thereof nor the waiver of any other right, power or remedy available
to such party.
(e) 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 by telex, telecopy,
telegraph or cable or other similar electronic medium, addressed as indicated as follows:
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton
General Manager
TEL: (415) 691-1200
FAX: (415) 691-0485
Purchaser:
TEL:
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or
cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service
of any such communication made only by mail shall be deemed complete on the date of actual
delivery as 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. Either party hereto may
from time to time, by notice in writing served upon the other as aforesaid, designate a different
mailing address or a different person to which such notices or demands are thereafter to be addressed
or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to
the other when prompt notification is appropriate, but any oral notice given shall not satisfy the
requirement of written notice as provided in this Section.
(f) Severabili�ty. 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.
(g) Counteraarts. 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
CASKYLINETURCHASR.AGR Page 8
single original instrument, effective in the same manner as if the parties had executed one and the
same instrument.
(h) 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.
(i) Entire gr m n . 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.
0) Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
(k) Survival of Covenants. AL covenants of District or Purchaser 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.
(1) Assignmen . 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, not to be unreasonably withheld.
(m) 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.
(n) 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.
(o) Broker's Commission. District shall not be responsible for any real estate
commission or other related costs or fees in this transaction. Purchaser 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 Purchaser in connection with
this transaction.
(p) Heirs and Successors. Each and all of the covenants, terms provisions
and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, legal representatives and successors. It is agreed that Purchaser's transfer,
assignment, conveyance, bequest or any other form of legal transfer or conveyance to a member of
CASKYUMPURCHASR.AGR Page o
Purchaser's immediate famil, : a trust or entity entirely controlled a member of Purchaser's
immediate family or their respective heirs, legal representatives or successors is a "permitted transfer"
hereunder not requiring the consent of the District.
(q) C,aptions. 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.
(r) Pronoun References. In this Agreement, if it be appropriate, the use of the
singular shall include the plural, and the plural shall include the singular, and the use of any gender
shall include all other genders as appropriate.
11. Arbitration of Disputes. If any dispute arises between District and Purchaser
relating to this Agreement and the purchase and sale of the Property, the District and Purchaser agrees
that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as
set out below:
(a) Within 10 days after a notice by either party to the other requesting arbitration
and stating the basis of the parry's claim, each party shall appoint one arbitrator,
notifying the other party of the appointment when made;
(b) The two arbitrators shall immediately choose a third arbitrator to act with them.
If a party fails to select an arbitrator within the time allowed or if the two arbitrators
fail to select a third arbitrator within 10 days after their appointment, the additional
arbitrator shall be promptly selected by random lot in a manner agreed among the
arbitrators already appointed from a pool of up to six names, with each party entitled to
submit no more than three names.
(c) The arbitration shall be conducted under Code of Civil Procedure
§§1280-1294.2. Hearings shall be held in Santa Clara County, California.
(d) A decision of the majority of Arbitrators shall be binding on both parties. The
prevailing party in arbitration shall be entitled to an award of its costs of arbitration.
However, each party shall pay for their own attorney's fees.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE
ARISING FROM THE MATTERS INCLUDED IN THE"ARBITRATION OF DISPUTES"PROVISION
DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE
GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR
JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY
INCLUDED IN THE"ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES
ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES"PROVISION TO
NEUTRAL ARBITRATION.
DISTRICT INITIAL PURCHASER INITIAL
CASKYLUMPURCHASR.AGR Page 10
12. Ac=tance. Provided that this Agreement is executed by Purchaser and deliverW to
the District on or before July 11, 1997 District shall have until midnight July 23, 1997 to accept and
execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by
Purchaser to purchase the Property from the District for the consideration and under the terms and
conditions herein set forth.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their d0y
authorized officers and/or representatives to be effective as of the date of final execution by District in
accordance with the terms hereof.
DISTRICT: PURCHASER:
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
APPROVED AS TO FORM: Name,
Date:
Sue Schectman, District Counsel
Name,
RECOMMENDED FOR APPROVAL:
Date:
L. Craig Britton,
General Manager
Name
APPROVEDAND ACCEPTED:
Date:
President, Board of Directors
ATTEST:
District Clerk
Date:
CASKYLUMPURCHASRAGR Page 11
P I%ALP 4)LO At JL#A JAL 0 IL OL AJDA Ok
Form No. 1402,92
(10/17,92)
ALTA Owner's Policy ow
Yw�� POLICY OF TITLE INSURANCE ► '�
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
8 AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY a California
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein', tA:Fl
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
First American Title Insurance Company
BY" 1 PRESIDENT
ATTEST SECRETARY
V 44,V*41MU 40,V tp%fAV&b 4%V&%F 4 V.b AM*4W IF 4 V%F I
rAW
Page -1-o f--7--
is
FIRST AANfICAN TITLE INSURANCE COMPANY
555 Marshall Street
Redwood City, CA 94064
(415) 367-9050
April 30, 1996
MMPENINSULA REGIONAL OPEN SPACE DIST.
330 Distel Circle
Los Altos, CA 94022
Policy No.: SM-417162
We have completed the above numbered escrow and enclosed herewith is your POLICY OF
TITLE INSURANCE.
Any recorded documents to which you may be entitled, will be forwarded to you by the County
Recorder's office.
Thank you for giving us the opportunity to serve you. We invite you to call upon us whenever
we can be of assistance.
Michael J. Niemiec
Chief Title Officer
MJN/bl
Policy Transmittal Letter
EXHIBIT
Page of
SL
Form No. 1402.92
(10/17/92)
ALTA Owners Policy
Schedule A
SCIiEDULE A
Policy No. SM-417162
Amount of Insurance $275,000.00 Premium $868.60
Date of Policy: April 26, 1996 at 8:00 a.m.
1. Name of Insured:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district
2. The estate or interest in the land which is covered by this policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district
4. The land referred to in this Policy is situated in the State of California, County of San
Mateo, and is described as follows:
PARCEL I:
A portion of the North 1/2 of the Southeast 1/4 of Section 21 in Township 7 South, Range 3
West, Mount Diablo Base and Meridian and being more particularly described as follows:
BEGINNING at a 3/4" iron pipe monument tagged L.S.4840, said iron pipe monument bears
South 35° 02' 34" East 625.09 feet from a San Mateo County Triangulation point called "Rock",
which said point called "Rock" bears North 380 14' 59" West 3289.71 feet from another San
Mateo County Triangulation point called "Coyote" as both said triangulation points are shown
on that map entitled "PARCEL MAP FOR A RBSUBDIVISION OF A PORTION OF
SECTION 21, T7S, R3W, M.D.B.&M., DESCRIBED IN VOLUME 4959, OFFICIAL
RECORDS, PAGE 306 SAN MATEO COUNTY CALIFORNIA" filed in the office of the
County Recorder of San Mateo County, California on December 9, 1975 in Volume 29 of Parcel
Maps at Pages 49 & 50; thence from said point of beginning South 89° 59' 11" East 149.80 feet
to a 3/4" iron pipe monument tagged L.S.4840; thence South 83° I V 51" East 150.53 feet to
a 3/4" iron pipe monument tagged L.S.4840; thence South 35° 29' 01" East 293.23 feet to a
EXHIBIT
Page _ of,�
3/4" iron pipe monument tagged L.S.4840; thence North 86° 59' 32" East 125.07 feet to a 3/4"
iron pipe monument tagged L.S.4840; thence North 58° 07' 34" East 327.83 feet to a 3/4" iron
pipe monument tagged L.S.4840; thence North 610 56' 00" West 163.22 feet to a 3/4" iron pipe
monument tagged L.S.4840; thence North 34' 18' 07" West 487.08 feet; thence North 430 32'
02" West 305.37 feet; thence North 21° 42' 56" West 150.01 feet; thence North 260 48, 40"
West 300 feet more or less to the Northerly line of the Southeast 1/4 of said Section 21; thence
West along said Northerly line 100 feet more or less to the centerpoint of said Section 21; thence
from said centerpoint South along the Westerly line of said Southeast 1/4 1030 feet more or less
to a point which lies 68 feet more or less due West from said point of beginning; thence due
East 68 feet more or less to the point of beginning.
The above described lands were set forth in that certain Certificate of Compliance recorded
March 3, 1989 in Document No. 89028926 Official Records.
PARCEL II:
TOGETHER WITH a non-exclusive easement 20 feet wide for ingress, egress and underground
public utilities over a portion of the North 1/2 of Section 21 in Township 7 South, Range 3
West, Mount Diablo Base and Meridian, the centerline of said easement being more particularly
described as follows:
BEGENNING at a point of intersection of the centerline of Alpine Road with a 10 foot wide
paved driveway at which said point of intersection bears North 5° 10' 04" West 1633.94 feet
from a San Mateo County Triangulation point called "Rock" which said point called "Rock"
bears North 380 14' 59" West 3288.71 feet from another San Mateo County Triangulation point
called "Coyote" as both said triangulation points are shown on that map entitled "PARCEL MAP
FOR A RFSUBDIVISION OF A PORTION OF SECTION 21, T7S, R3W, M.D.B.&M.,
DESCRIBED IN VOLUME 4959, OFFICIAL RECORDS, PAGE 306 SAN MATEO COUNTY
CALIFORNIA" filed in the office of the County Recorder of San Mateo County, California on
December 9, 1975 in Volume 29 of Parcel Maps at Pages 49 & 50; thence from said point of
beginning along the approximate centerline of said 10 foot wide paved driveway South 13° 54'
17" East 93.42 feet; thence South 32* 07' 54" East 165.63 feet; thence South 47° 35' 41" East
94.04 feet; thence South 400 50' 55" East 59.74 feet; thence South 33" 03' 23" East 135.75
feet; thence South 290 10' 32" East 99.16 feet; thence South 12' 36' 34" East 60.46 feet; thence
South 12° 30' 20" West 55.76 feet; thence South 2° 35' 06" West 47.25 feet; thence South 16*
06' 19" East 133.02 feet; thence South 14° 04' 21" East 150.84 feet; thence South 30° 08' 42"
East 83.93 feet; thence South 35° 27' 29" East 63.21 feet; thence South 48° 42' 54" East 17
feet m6re or less to the Northerly line of the Southeast 1/4 of said Section 21 and the terminus
of the herein described 20 foot wide easements.
The sidelines of the above described 20 foot wide easement are to be shortened or lengthened
so as to form a continuous 20 foot wide strip from the Southeasterly line of Alpine Road to the
Northerly line of the Southeast 1/4 of said Section 21.
EXH 1 B 1'T
Page Of
Form No. 1402.92
(10/17/92)
ALTA Owners Policy
Schedule B
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but
which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public
records.
4. 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing
the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter
furnished, imposed by law and not shown by the public records.
7. General and Special Taxes for the fiscal year 1996-97, now alien, amount not yet
ascertainable.
S. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with
Section 75 of the California Revenue and Taxation Code.
9. ANY LOSS resulting from the fact that the appurtenant rights of way herein described
cannot be definitely located from the records.
10. EASEMENT for drainage within any creek or stream traversing the herein described
property, together with the rights of the public in and to the waters and the use of such creeks
or streams, to the high water mark.
EXHIBIT
Page _�f__�
11. "WATER RIGHTS, CLAIMS OR TITLE TO WATER, whether or not shown by the
public records".
12. CALIFORNIA LAND CONSERVATION CONTRACT by and
Between: County of San Mateo, a political subdivision of the State of California
and: Richard S. Bullis, or successors thereof
Dated: February 16, 1971
Recorded: February 26, 1971
Document No.: 85903-AD
Book/Reel 5902 of Official Records at page/image 630, Records of San Mateo County,
California.
13. CERTIFICATE OF COMPLETION
Dated: November 3, 1987
Recorded: November 23, 1987
Document No.: 87177481 of Official Records of San Mateo County, California.
The name of the District is Midpeninsula Regional Open Space District, The entire
District is located in Santa Clara County, San Mateo County, and Santa Cruz County.
NOTE: General and Special Taxes for the fiscal year 1995-1996, in the amount of
$2,784.03 each installment, has been paid in full.
Code Area: 066-024 A.P. No.: 080-282-050
EXHIBIT
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\ ihla map mty or Inet net ue a survey of the la i
I41•S' depicted hareon. You should not rely upon it 1Q'63.7
`S. 130 53 t 7 my purpoc� other than orientation to the Sanet�
r fib k"lion of the peal or parcels depicted. First
American expressly disclaims any Ilablllly for al%fsd
1 t 2 S.off' loss or damaRa wh1rh may result from rdhnre uscm
?ooOrl RI,e,ST bt0'Z 014 mae, 4.20—fl.
40
WHEN RECORDED MAIL TO:
GRANT DEED, DECLARATION OF RESTRICTIONS, RIGHT OF FIRST REFUSAL AND
RESERVATION OF EASEMENT RIGHTS
RECITALS
A. The MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District
(hereafter "District"), is the owner of certain real Property situated in the unincorporated area of the
County of San Mateo, State of California, more particularly described in Exhibit "I", attached hereto
and incorporated herein by this reference and as shown on the Map attached hereto as Exhibit "H" as
incorporated herein by this reference (hereinafter the "Property")
B. Pursuant to that Certain Agreement to Purchase Fee Determinable Estate, dated
9 1997, it is the desire of District to grant to (hereinafter
"Purchaser"), certain right, title and interest in and to the Property, as more particularly described
herein.
NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, District
hereby grants under this Grant Deed, Declaration of Restrictions, Right of First Refusal and
Reservation of Easement Rights (hereinafter the "Deed") to Purchaser the following rights, title and
interest in and to the Property:
GRANT OF FEE DETERMINABLE ESTATE:
District hereby grants to Purchaser a Fee Determinable Estate in and to the Property (as described in
Exhibit I and shown on Exhibit II) for the benefit of Purchaser, measured by the life of Purchaser, or
fifty (50) years from the date of recordation of this Deed, whichever occurs sooner. In no event shall
the term of the estate granted herein be longer than fifty (50) years from the date of recordation of this
Deed. Upon the expiration of the term of the Estate granted herein, Purchaser, its heirs, successors,
and/or assigns shall execute, acknowledge and deliver to the District, within ten (10) days of request
therefor, a Quitclaim Deed, release or other appropriate document required by District, its successors
or assigrfs, or a title insurance company of District's choice, to verify the termination of all interests
of Purchaser, its heirs, successors, and/or assigns in and to the Property. The Estate granted herein is
further subject to the Declaration of Restrictions as set forth in Exhibit III, as attached hereto and
incorporated herein by this reference, the Right of First Refusal as set forth in Exhibit IV as attached
hereto and incorporated by this reference, and the Reservation of Easement Rights to District as set
forth in Exhibit V as attached hereto and incorporated by this reference.
CASKYLM-TURCHASRAGR Page 1 EXHIBIT bommmm"
Page of J�L,
APN : 080-232-030
IT =F� 11�-! P`PERTY !CC-A= LN T A=
1z A
OF SAN "A--EO, STATE- OF CA_rjFOp.NIA,
DESCRZBZM r-S FOLLOWS:
PARCEL I
A PORTION of the North 1/2 of the Southeast 1/4 04 Section 21 Township 7 South , Pa.-Ige Ain
-
3 Wes Mount Diablo Base and �'and being more car'Cicularly described as follows : eridian
BEGINNING at a 3/4 " iron pipe monument tagged L .S . 4840 , said iron
pipe monument bears South 350 021 3411 East 625 . 09 feet from, a San
Mateo County Triangulation poi,-, ,- called "Rock" , which said point
called "Rock " bears North 380 14 1 5911 West 3289 . 71 fee , from
another San Mateo County Triangulation point called "Coyote" as
both said triangulation points are shown on that map entitled
"PARCEL MAP FOR A RESUBDI VI SION OF A PORTION OF SECTION 21 , T7S ,
R3W, M .D .B .&M . , DESCRIBED IN VOLUME 4959 , OFFICIAL RECORDS , PAGE
306 SAN MATEO COUNTY CALIFORNIA', filed in the office
County Recorder of San Mateo of the
County, California on December 9,
1975 in Volume 29 of Parcel Maps at Pages 49 & 50; thence from
said point of beginning South 890 591 11" East 149. 80 feet to a
3/4" iron pipe monument tagged L.S . 4840; thence South 830 11 , 51,,
East* 150 .53 feet to a 3/4 " iron pipe monument tagged L.S .4840 ;
thence South 350 291 01 " East 293 . 23 feet to a 3/4" iron pipe
monument" tagged L.S . 4840 ; thence North 860 591 32" East 125. 07
feet to a 3/4" iron pipe monument tagged L . S . 4840 ; thence North
580 07 ' 34 " East 327 . 83 feet to a 3/411 iron pipe monument tagged
L.S. 4840; thence North 610 56 , 00 " West 163 . 22 feet to a 3/411
iron pipe monument tagged L.S . 4840 ; thence North 34* 181 07" West
487. 08 feet; thence North 430 321 02" West 305 .37 feet; thence
North 200 421 5611 west 150 . 01 feet; thence North 260 481 4011 West
300. feet more or less to the northerly line of the Southeast 1/4
of said Section 21 ; thence west along said northerly
line 100
21;
from said centerpoint south along
feet more or less to the centerpoint of said Section .
thence
the westerly line of said
Southeast 1/4 1030 feet more or less to a point which lies 68
feet more or less due west from said point of beginning ; thence
due east 68 feet more or less to the point of beginning .
RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT 12
Ingress and Egress purposes limited to Midpeninsu , feet wide for
Space la. Regional Open
District agents , their successors and assigns , employees
A'and contractors for construction , maintenance , patrol and
emergency purposes only over the hereinabove described PARCEL I ,
the centerline of said 12 foot wide strip shall follow the center-
line of an existing road that runs from the northerly line of
said PARCEL I southeasterly and southwesterly to the southerly
line -of said PARCEL I .
The sidelines of the above described 12 foot wide easement are to
be shortened or lengthened so as to form a continuous 12 foot
wide strip from the northerly line to the southerly line of said
PARCEL I .
TO'GETHER WITH A NON-EXCLUSIVE EASEMENT easement 20 feet wide for
ingress , egress and underground public utilities over a portion
EXHIBIT
Page - of
APN : 080-282-050
of the North 1/2 o. action 21 in Township outh, Range 3 W
Mount Diablo Base and Meridian , the centerline of said es est,
being more particularly described as follows : a ement
BEGINNING at a point of intersection of the centerline of Alpine
Road with a 10 foot wide paved driveway at which said Point of
intersection bears North 5 ' 10 , 04 " West 1633 . 84 feet from a San
Mateo County Trianyuiation Point called " Rock" which said Point
called "Rock " bears North 380 14 ' 591, West 3289 . 71 feet fromanother San Mateo County Triangulation point called "Coyote" as
both said triangulation points are shown on that map entitled
"PARCEL MAP FOR A RESUBDIVISION OF A PORTION OF SECTION 21 , T7S,
R3W, M .D.B .&M. , DESCRIBED IN VOLUME 4959 , OFFICIAL RECORDS , PAGE
306 SAN MATEO COUNTY CALIFORNIA" filed in the Office Of the
County Recorder of San Mateo County, California on December 9 ,
1975 in Volume 29 of Parcel Maps at Pages 49 & 50 ; thence from
said point of beginning along the approximate centerline of said
10 foot wide paved driveway South 130 541 17" East 93 . 42 feet;
A
thence South 320 071 54 " East 165 . 63 feet; thence South .70 35 '
41" East 94 .04 feet; thence South 400 50 ' 55�" East 59 . 74 feet;
thence South 330 031 23 " East 135 .75 feet; thence South 290 lot
32" East 99.16 feet; thence South 120 361 34" East '60 . 46 feet;
thence South 120 301 20" West 55 . 76 feet; thence South 20 351
06" West 47. 25 feet; thence South 1,60 06 , 19" East 133 . 02 feet;
thence South 140 041 21 " East 150 . 84 feet; thence South 300 08 ,
42" East 83 . 93 febt; thence South 350 271 2911 East 63 . 21 feet;
thence South 480 421 54 " East 17 feet more or less to the
northerly line of the Southeast 1/4 of said Section 21 and the
terminus of the herein described 20 foot wide easement .
the sidelines of the above described 20 foot wide easement are to
bd shortened or lengthened- so as to form a continuous 20 foqt
wide strip from the southeasterly line of Alpine* Road to the
northerly line of the Southeast 1/4 of said Section 21 .*
ALSO TOGETHER WITH the following described easements referred to
as EASEMENTS (a) and (b) hereinbelow:
EASEMENT (a)
-----------
AN EXCLUSIVE EASEMENT for drawing water from an existing water
system comprised of 4 springs (with appurtenant facilities) lying
within the easterly portion of the lands described in that Grant
Deed from Bullis to Midpeninsula Regional Open Space District
recorded in Official Records of San Mateo County, California on
May 2, 1986 in Document No . 86046969 , said easement is granted
with rights to maintain , operate , repair and secure said water
system, from vandelism and human intrusion with additional rights
to replace existing water lines and electrical lines running from
t 0
he hereinabove described PARCEL I to said existing water system.
2
EXHIBIT .....now
Page . 3 Of'
APN : 080-252-050
EASEMENT (b)
------------
A NON-EXCLUSIVE EASEMENT 12 feet wide over a portion Of the
lands described in that Gran - Deed from Bullis to Midpeninsula
.
Regional Open Space District 'recorded in Official Records of San
Mateo County, California on May 2 , 1986 in Document No. 86046969,.
said easement is for purposes of ingress and egress to Operate
and maintain said water system, the centerline of said 12 foot
wide easement to coincide with the centerline of that eight foot
wide dirt road that presently accesses said water system which
said dirt road meanders near the westerly, southerly and easterly
properties lines of the hereinabove described Parcel I .
The side lines of the above described 12 foot wide easement are
to be shortened or lengthened so as to form a continuous 12 foot
wide strip from the southerly line of the hereinabove described
Parcel I to the perimeter of said square shaped area described in
the hereinabove EASEMENT (a) .
8/16/88 (revised)
bulismid.pcl/dk9
IAND
RI CHARD
KIE to
6. 4840
pa-
• TOTE OF
3
EXHIBIT 6
Page �of / z
MIDPENINtiULA f-,c_'GlUi4AL OPEN SPACE DIS-I-'RICT
SKYLINE RIDGE OPEN SPACE PRESERVE
..............
...................
........................................X.
. .... ... . ... ...................................
w 1%
ACCESS 1800
.... . .. .......
.. ..... .......... ROAD
.............. •
.................. ......... ......
...... ........
..............
•
2200 2000
...... . . ...... ........
.. • 1800
•................. ....
•
•.................
...... ......... . .....
.................... ..I ....
.......................
PATROL
...........
RA
.................... ...
....... EASEMENT
A 5
...... SKYLINE RID' GE
LL-.--T-T.-----E 'N I V E OPEWS PAC E PRESERVE
R :.P: D
.............
•
..............
. .......... .......... ........... .........
...............
............
.............
......................
...........
............. 40'
..... ...... ............................... . .....
........... .......... :...... %:; : ::. :::::........................
............ . ...
............ .... ... ....
............
...........
.. ...........
............................ ...........
................. .................... ...
•
...................................
10 ACRE SUBJECT
PROPERTY
..........
.. .............
. .............
. ..............
PATROL
4v
.................. ...........
............
• EASEMENT
EXISTING
................. .........- ROAD
............... .....
..........
PONE
'ACRE POND�- 2
......................... AREA TO BEJ
...........
EXCLUDED
... ................
. ......... .. ...................................................................
..... ....
..........I .
..
.. ...
.......... . ................... .... ...........
...................
:::::::: .........*.......... ...... ...... ...................
.......... ................. .........
...............
.... .................................. .... . ..................-
................................
.............. .........
............... ......-
EXHIBIT II: SITE MAP J N E 199:7
EXHIBIT III
DECLARATION OF RESTRICTIONS TO TIC GRANT DEED
The Property being conveyed by District to Purchaser(as described in Exhibit "I" and shown in
Exhibit "II")under this Deed shall be subject to the restrictions set forth hereinbelow:
A. The Fee Determinable Estate shall be subject to the following Occupancy and
Development Restrictions and Design Review right by District, as follows:
1. Purchaser shall at all times occupy one or more of the dwellings as a personal
residence during the term set forth under this Deed. Purchaser may rent or lease the non-
personal residence, including the main residence, pool house or A-frame cabin if approved
as habitable dwellings by the County of San Mateo and in accordance with the terms and
conditions of this Deed. District and Purchaser agrees that Purchaser shall have sole
responsibility and liability to any tenant, lessee or sub-tenant that occupies the Property.
2. Purchaser, its heirs, successors, and/or assigns, and each of them covenant and
agree that they shall not divide or subdivide or otherwise transfer or convey any portion of
or interest in the Property to any party or parties (other than division or subdivision
resulting from condemnation and the taking of a portion of the Fee Determinable Estate).
3. Purchaser, its heirs, successors, and/or assigns shall not alter land forms by
grading, excavation on or about the Property without prior written approval of District,
nor shall they quarry the Property or cause permanent damage to the Property. Purchaser
shall not dump or dispose of wastes, refuse or debris on or about the Property, and shall
keep the Property in a neat and clean condition at all times.
4. The construction of new buildings or structures on the Property is absolutely
prohibited as provided in Section 5 below. This restriction also prohibits the
construction of any private recreation facility such as a tennis court or any other
improvement which requires grading or paving.
5. Purchaser, its heirs, successors, and/or assigns, and each of them, agree that
further development and/or improvement of the Property is limited to the following uses
and subject to Design Review by District as further defined in Section 6:
f (a) Maintain, repair, reconstruct and refurbish any and all existing
improvements (ie. buildings, fences, roads, etc.) currently located on the Property.
(b) Existing structures and buildings are to be painted earth tones to blend in
with the surrounding open space lands owned by District.
(c) Replace any existing structure and/or improvements on the Property with
equivalent structures and/or improvements of the same height and bulk.
CASKYLRMPURCHASR.AGR Page 1 EXHIBIT
Page _�,of /,-
(d) Remove the existing illegal building and improvements located adjacent to the
pond area within five (5)years of the recordation of the Grant Deed.
(e) If Purchaser desires to have livestock or grazing animals in the future,
Purchaser shall obtain prior written approval from District for a limited number of
animals and build fences of a rustic nature(post and rail) to enclose a grazing area.
Said grazing area is to be located and planned in consultation with District and is
subject to advance written approval by District prior to construction and operation
by Purchaser.
(f) Build fences and gates of a rustic nature(post and rail) and erect signs as
necessary to maintain security and privacy of the Property. The main driveway
entrance at Alpine Pond may have "low-key" signing as approved by District in
writing. A security gate on the main driveway entrance from Alpine Road is
allowed only at the boundary of the Property to prevent public use of the roadway.
(g) Remove existing flag pole. The installation of flag poles, antennas or other
structures are prohibited except with prior written approval by District. Existing
antennas or satellite dish are allowed as long as they are in use by Purchaser.
(h) Construct and maintain private trails for hiking within the Property,
including both internal trails and connecting trails with adjacent District land, such
latter trails to be planned under mutual agreement with District regarding location
and design.
(i) Remove diseased and/or dead plants and trees and remove such timber as
may be required for fire prevention, or public health and safety. The cutting of
trees over 12 inches d.b.h. (diameter breast high) measured 4'/s feet above ground
is subject to prior written approval by District.
6) Installation of exterior lighting is subject to advance written approval by
District of a lighting plan.
6. District shall have the right of Design Review, as herein defined, with respect to
any and all improvements proposed to be constructed on the Property which fall under the
provisions of Sections 3 and 4 hereinabove. Design Review is intended to provide for
review and approval by District of development in environmentally and ecologically
sensitive areas in order to assure that development will be harmonious with other uses in
the general vicinity and will be compatible with environmental and ecological objectives.
(a) With regard to construction of any new improvements on the Property,
which fall under the provisions of Sections 3 and 4 hereinabove, an application for
design review shall be made to District. The application shall include the
following:
CASKYLIKETURCHASR.AGR Page 2 IrXH I B IT t
Page of�„,�
(i) A site plan showing the location of all proposed improvements,
roads, driveways, retaining walls, planted or landscaped areas, paved areas,
fences, wells, septic system and other improvements, and indicating the
proposed uses or activities on the site.
(ii) Drawings or sketches showing all the proposed improvements,
sufficiently dimensioned to indicate the general scale of such
improvements.
(b) Within thirty (30) days from the filing of the application with the District,
District shall review the site plan and drawings, and shall determine to approve or
disapprove said application based upon the following objectives with respect to
citing of the improvements, color and orientation and exterior lighting and
landscaping. Approval of applications are not to be unreasonably withheld.
(i) To ensure that the Terms and Conditions of these recorded
restrictions are strictly enforced.
(ii) To ensure construction and operation of any such improvements in
a manner that will be orderly, harmonious and compatible with existing or
potential uses of adjoining or nearby sites.
(iii) To ensure that sound principles of environmental design and
ecological balance shall be observed.
7. The Design Review described herein shall not extend to or include the repair
and/or replacement of existing improvements or those improvements previously
constructed by Purchaser, their heirs, successors, and/or assigns under this Design Review
process.
B. The zoning or general plan designation of the Property shall not be changed at the request
of or with the consent of Purchaser, their heirs, successors, and/or assigns, or any of them, without prior
written pernussion of District.
C. All of the grants- covenants conditions and restrictions contained herein shall be binding
upon ;'name"), their heirs. successors and/or assigns.lessees invitees and any and all other persons
acquiring the Pro ea or my portion thereof or interest therein; whether by operation of law or in anv
other manner whatsoever(provided that the Proper is only transferred in accordance with the terms
ereofl. All of said grants, covenants, conditions and restrictions contained in this Deed are for the
benefit of District, its successors and assigns. All of the provisions hereof shall be covenants running with
the land pursuant to applicable law, including but not limited to, Section 1468 of the Civil Code of the
State of California. It is expressly agreed that each grant, covenant, condition or restriction contained
herein to do or to refrain from doing such act on the Property:
CASKYLMETURCHASR.AGR Page 3
EXHIBIT
Page -1.of
1. Is a burden upon the Property and each portion thereof and interest therein.
2. Shall be binding upon each successive owner during its ownership of the Property
or portion thereof or interest therein, derived in any manner.
Nothing herein shall be deemed to create a right of action in any person or entity other than District, its
successors and assigns.
f
CASKYLR&zU7URCHASR.AGR Page 4
EXHIBIT
Page Of
EXHIBIT IV
RIGHT OF FIRST REFUSAL TO THE GRANT DEED
Purchaser hereby grants to District a right of first refusal to repurchase the Property granted herein on the
terms and subject to the conditions set forth below, as follows:
A. In the event Purchaser sells, vacates or releases the Property prior to the expiration of the
term specified in this Grant Deed, Declaration of Restrictions and Reservation of Easement Rights,
Purchaser shall deliver to District at its principle place of business, by mail or other appropriate means, a
notice in writing indicating Purchaser's intention to sell, vacate and/or release the Property. The District
shall have the prior right to repurchase the Property for cash on the following basis: the Repurchase Price
of the Property is tied to first thirty(30)years of this term. The initial price of the Property is and shall
be the "Purchase Price" as set forth in Section 2 of the Agreement to Purchase Fee Determinable Estate.
l. Providing the following work is done in a timely manner as specified below:
(a) Repair the road and main driveway to a good, useable condition for vehicular
travel from Alpine Road within six (6) months of the recordation date of the Grant Deed-
(b) Use best efforts to provide potable water supply on Property sufficient to satisfy
the reasonable needs of two (2) residential structures, including existing ancillary
structures and abandon existing spring site. In the event that, despite Purchaser's best
efforts,Purchaser is unable to develop an alternative water supply on the Property,
Purchaser may meet this condition by repairing the existing spring water system.
(c) Repair the main house and A-frame structures to a decent, safe and habitable
standard meeting applicable building codes within five(5) years of the recordation date of
the Grant Deed.
(d) Remove the"boat house" from the 2 acre pond area(which the District will be
retaining)within five(5)years of the recordation date of the Grant Deed. District shall
provide Purchaser with a written"Right of Entry" for purposes of this removal work.
The Repurchase Price shall remain at the"Purchase Price" for the first ten(10) years of the thirty
year(30)term. (For purposes of the agreement, a "year" shall be defined as a calendar year or
any portion there of beginning from the recordation of the Grant Deed.) Beginning with the tenth
year, the Property will decrease at a rate equal to one twentieth(1/20th) of the"Purchase Price"
until it has a zero value in the thirtieth year; calculated as follows; after the 10th year:
Purchase Price- ((number of years- 10) X Purchase Price/20) =Repurchase Price
2. In the event all of the repairs noted in Section 1 above are not repaired and completed to
District's satisfaction within the specified time frames, the value of the Property will decrease at an
CASKYLINETURCRASR.AGR Page 1
EXHIBIT 1
Page 10of 12-
equal rate from the recordation of the Grant Deed until it has a zero value in the thirtieth year;
calculated as follows:
Purchase Price- ((number of years)X Purchase Price/30) =Repurchase Price
B. Upon written notification of intent to sell, vacate and/or release of the Property by
Purchaser to District, District staff shall have the prior right for a period of thirty (30) days to
recommend purchase of the Property to the District Board of Directors at the price as set forth in
paragraph A above. Such right may be exercised by delivery in writing by mail or other appropriate
means to Purchaser of a notice of exercise of right to recommend purchase. In that event, District
shall have an additional thirty (30) day period to secure approval from Board of Directors.
Notwithstanding any other provision herein contained, if District staff exercises said right of first
refusal hereinafter and the District Board of Directors does not approve the purchase or fails to act
within the thirty (30) day period as above mentioned, Purchaser shall be free to sell the Property to a
private purchaser subject to the terms and conditions of this Grant Deed, Declaration of Restrictions,
Right of First Refusal and Reservation of Easement Rights.
C. If District notifies Purchaser that it does not wish to exercise the Right of First Refusal
or if the right is not exercised within the thirty (30) day period, Purchaser shall be free to sell the
Property to a Purchaser subject to the Grant Deed, Declaration of Restrictions, Right of First Refusal
and Reservation of Easement Rights; however, a waiver by District of one such opportunity to
purchase shall not be deemed a waiver of any future right to repurchase, it being the intent and
agreement of the parties that the Right of First Refusal hereby retained shall run with the Property in
perpetuity, as long as the Property is under private ownership.
D. In the event District exercises the right of first refusal as provided hereinabove,
Purchaser agrees to deliver the Property free and vacant of all persons and personal Property at the
close of Escrow. Purchaser hereby specifically waives and releases District from any and all claims,
by whatever name known, including, but not limited to claims for relocation benefits and/or payments
pursuant to California Government Code Section 7260 and following; and Purchaser agrees to hold
District harmless and reimburse District for any and all liability, losses and expenses occasioned by
reason of any and all of such claims.
ml
CASKYUNETURCHASR.AGR Page 2
Page I Of Z
EXHIBIT V
RESERVATION OF EASEMENT RIGHTS
TO THE GRANT DEED
RECITALS
A. District hereby retains an unrestricted ingress and egress easement, approximately twelve
(12) feet in width across the Property (within the area designated as "Patrol Easement" on the Map
attached to this Deed as Exhibit II) for District use by its employees, contractors and agents, for patrol,
maintenance, and improvement of adjacent District lands.
1. Lea Description: The designation of the Patrol Easement shown on Exhibit II
shall be an acceptable description of said easement until such time as a survey and/or a
more accurate legal description may become necessary and/or be completed. In such case,
the resulting legal description will then merge with and be incorporated into this
Reservation of Easements, and will supersede and replace the designation of the Patrol
Easement as shown on Exhibit H. In the event any one or more surveys are necessary for
Purchaser's use, such surveys shall be conducted by and paid for by Purchaser. However,
any surveys requested by District solely for its own use shall be paid for by District.
2. Road Maintenance: Purchaser shall assume all road maintenance responsibilities
from Alpine Road through the Property(as shown on said Exhibit Il)to a year round
standard for vehicle access consistent with the requirements of the local fire marshal/
having jurisdiction in this area and considering the rural setting of the Property.
B. District further retains a public trail easement, approximately ten (10) feet in width for
public pedestrian, equestrian and non-motorized conveyance trail use across the Property within the area
designated as "Trail Easement" on the Map attached hereto as Exhibit II.
The designation of the Trail Easement shown on Exhibit II shall be an acceptable description of said
easement until such time as a survey and/or a more accurate legal description may become necessary
and/or be completed. In such case, the resulting legal description will then merge with and be
incorporated into this Reservation of Easements, and will supersede and replace the designation of the
Patrol Easement as shown on Exhibit II. In the event any one or more surveys are necessary for
Purchaser's use, such surveys shall be conducted by and paid for by Purchaser. However, any surveys
requested by District solely for its own use shall be paid for by District.
CASKYLINMPURCHASR.AGR Page 1
EXHIBIT V
Page _LL of�
Regional Open ' 3ce
R-97-95 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-16
June 25, 1996
AGENDA ITEM
Proposed Addition of Zelhart Property to the Kennedy Limekiln Area of Sierra Azul Open
Space Preserve
wx —
GENERAL MANAGER'S RECOMMENDATIOZi, -�' -- ,
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in this report.
2. Adopt the attached resolution authorizing purchase of the Zelhart property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations
contained in this report, including naming the property as an addition to the Kennedy
Limekiln Area of Sierra Azul Open Space Preserve.
4. Indicate your intention to dedicate the property from Dedication as public open space at
this time.
DISCUSSION
In 1994, the District was awarded two grants toward land acquisition in the Limekiln Canyon
and Soda Springs Canyon region of Sierra Azul Open Space Preserve; a Habitat Conservation
Fund Grant of$212,500 and a CalTrans Environmental Enhancement and Mitigation Grant
(EEM) of$340,000; Part of the EEM grant will be used to partially fund this acquisition. The
property is within the Kennedy Limekiln Area of Sierra Azul Open Space Preserve, Soda
Springs Creek being the southern boundary of this preserve subarea. The property is adjacent
to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve and would be a desirable
addition to the preserve.
DESCRIPTION (see attached man)
This undeveloped 45.33 acre property, Santa Clara County's Assessor's Parcel Number 558-
29-019, lies on the north side of Soda Springs Canyon about one and one-half miles east of
Lexington Reservoir. The property is a short distance north of Soda Springs Road. The
property is bordered on the north and east by District lands of the Kennedy Limekiln Area,
and along most of the southern boundary by District lands of the Cathedral Oaks Area of
Sierra Azul Open Space Preserve. Private properties with houses border the property to the
west and a portion of the south.
330 Distel Circle I Los Altos, CA 94022-1404 1 Phone:415-691-1200
FAX:415-691-0485 m E-mail: rrirosd@openspace.org * Web site:www.opensl)a(e.org
Board of Directors Pete Siemens,Mary C. Davey,Jed C:yr, David T.Smernoff, Nonette Hanko,Betsy Crowder, Kenneth C.Nitz I General Manager L Craig Britton
R-97-95 Page 2
The site consists of steep south-facing slopes on the north side of Soda Springs Creek,
extending to the Limekiln Trail. There are no roads or trails on the property except that a
short segment of the Limekiln Trail, which is a potential Bay Area Ridge Trail route, passes
through the eastern edge of the property. The only improvement on the property is an old,
badly deteriorated, trailer along the creek, near a smaller tributary drainage. An old,
collapsed footbridge once led to this presumed weekend retreat. Two segments of an old dirt
road lead from driveways off Soda Springs Road across existing District land toward the
Zelhart property. One of these segments originally connected to the footbridge at the trailer
site. Most portions of the roads are in good condition and could be used for trails or patrol
roads with only brushing and minor grading; however, some portions have been obliterated by
landslides and culvert washouts and would require significant work to reopen. Although the
narrow canyon and steep slopes would make construction of a trail along the creek difficult,
these old roads offer the opportunity to provide a route paralleling the creek and connecting to
it at several points. The roads are generally tree shaded and of moderate grade. Potentially a
connection could be constructed to the Limekiln Trail to the east.
The habitat of the Zelhart property consists of lush riparian growth along the creek on the
south boundary, and chaparral on the steep south-facing slopes. The property is basically
undisturbed, and offers a very pleasant streamside environment with a rapidly-flowing creek,
water-smoothed rocks with many small cascades and quiet pools, some featuring small trout.
The creek is over-arched by a near continuous canopy of oaks, California bays, big-leaf
maples, sycamores, and alders. Thick growths of riparian plants occupy the banks. This
undisturbed riparian corridor is one of the key factors in the grant applications' success, based
on its value for mountain lion, deer, and other animals, and as general habitat mitigation.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located within an unincorporated area of Santa Clara County and is zoned HS
(Hillside), allowing one dwelling unit per 160 acres, or per legal parcel. Although the
ordinance theoretically allows densities of up to 20 acres per unit based on clustering of
development, the steep slopes on this property make it highly unlikely that more than one unit
could be build. Additionally, a 120 foot wide PG&E power line right-of-way cuts across the
northeast corner of the property.
The property is rated in the District's Open Space Master Plan as having a low to moderate
open space value. However, based on subsequent more detailed evaluation, Soda Springs
Creek contains excellent riparian habitat and is part of an important wildlife corridor from the
Mt. Umunhum Area to Lexington Reservoir. This property includes both a 2,000 foot
segment of the north side of the creek and a major area of its watershed, as well as a short
segment of the Limekiln Trail. The Environmental Enhancement and Mitigation Grant
envisioned a trail paralleling the creek to connect from Cathedral Oaks are of Sierra Azul and
R-97-95 Page 3
Lexington Reservoir County Park to the Limekiln Trail in the Kennedy Limekiln Area of
Sierra Azul Open Space Preserve. Although this property may not be used directly for this
trail., it may offer some desirable opportunities for side trips or rest stops.
preliminary Use and Management Recommendations
The preliminary use and management plan will take effect at the close of escrow and remain
effective until a Comprehensive or Interim Use and Management Plan is completed. Future
land use decisions, including plans for increased public access, will follow further
environmental assessments to ensure land use decisions are consistent with ecological values.
Public Access: Public access will not be encouraged at this time due to adjacent private
ownerships, unimproved access, and potentially sensitive habitat.
Trail Designation: No trails or roads are designated within the property.
Dedication: Indicate your intention to dedicate the property as public open space at this
time.
Name: Name the property as an addition to the Kennedy Limekiln Area of the Sierra Azul
Open Space Preserve.
Signs: Install private property and preserve boundary signs where appropriate.
Site Safety Inspection: Inspection has been completed. Prior to opening the site to public
access, or as vehicular access is available, remove the old trailer, footbridge, and related
materials.
CEQA COMPLIANCE
Project Description
The project consists of the acquisition of a 45.33 acre parcel of undeveloped 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, the property will be included in
comprehensive use and management plans for the adjacent preserve areas. The land will be
permanently preserved as open space. The property will be maintained in a natural condition
and, depending on assessment of habitat sensitivity, may be opened to the public for low-
intensity recreation.
R-97-95 Page 4
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
Article 19, Sections 15316, 15317, 15325 and 15061 of 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 AND CONDITIONS
This acquisition was the subject of a successful Environmental Enhancement Mitigation (EEM)
Program grant application in 1995 through the Sate Transportation Improvement Program.
The purchase price of$100,000 is considered the fair market value of the property and is
based upon a fee appraisal of the property obtained by the District. The EEM grant provides
62.5% of the acquisition funding or $62,500 towards the purchase price. This is a net cost to
the District of$37,500. The District previously acquired the nearby 63 acre POST (Liles)
property with EEM grant funds.
BUDGET CONSIDERATIONS
1997/1998 Budget for Land Acquisition
New land $12,700,000
Previous Acquisitions (580,000)
McKannay Acquisition proposed on this agenda (190,000)
Zelhart Acquisition proposed on this agenda (100,0=
Acquisition Budget Remaining $11,830.000
R-97-95 Page 5
Controller M. Foster has been consulted on this proposed acquisition, and considering cash
flow and cash availability, funds are available for this property purchase. Also, when the
grant application was submitted, this parcel was identified as an important addition to the
Cathedral Oaks Area for riparian corridor protection.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices.
Prepared by:
Michael C. Williams, Real Property Representative
Randy Anderson, Senior Planner
Contact person:
Michael C. Williams, Real Property Representative
I
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
ZELHART, ET AL.)
The Board of Directors of the Nfidpeninsula Regional Open Space District does
resolve as follows:
Section One. The Board of Directors of the M[idpeninsula Regional Open Space District
does hereby accept the offer contained in that certain Purchase Agreement between Wanda
Geneva Zelhart et al. and the Mdpeninsula 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 in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager of the District is authorized to expend up to $5,000
to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this
transaction.
Section Five. It is intended, reasonably expected and hereby authorized that the District's
general fund will be reimbursed in the amount of$100,000 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.
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EXHIBIT A: SITE MAP JUNE 1997
PURCHASE AGREEMENT1_'
This Agreement is made and entered into by and between Wanda Geneva Zelhart, Trustee of
THE WANDA GENEVA ZELHART 1991 Trust, as to an undivided one-half interest and
PAUL F. ZELHART, JR., who acquired title as a single man, as to an undivided one-fourth
interest, and DAVID B. ZELHART, who acquired title as a single man as to an undivided
one-fourth interest, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5
of the California Public Resources Code, hereinafter called "District."
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space and recreational
value, located within the adjoining unincorporated areas 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, recreational, 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.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and
covenants herein contained, the parties hereto agree 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 forty five and thirty three
one hundredths (45.33) acres, more or less, and commonly referred to as Santa Clara County
Assessor's Parcel Number 558-29-019. Said property being further described in the Legal
Description attached to Preliminary Title Report number 557387 from First American Title
Guaranty Company, dated May 1, 1997, a copy of said preliminary title report attached hereto
as Exhibit "A", and incorporated herein by this reference. Said property to be conveyed
together with any easements, rights of 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".
Purchase Agreement page 2
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be One Hundred Thousand and No/100 Dollars ($100,000.00), 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 11 herein, an escrow shall be opened at First American Title Guaranty Company, 329
South San Antonio Road #8, Los Altos, CA 94022, (415) 941-3320 (Escrow number 557387)
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 inconsist-a.-,,
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 July 31, 1997, 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 as described in said Exhibit "A".
(d) District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of One
Hundred Thousand and No/100 Dollars ($100,000.00).
(e) District shall pay for the escrow fees, the CLTA Standard Policy of Title
Insurance 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
Purchase Agreement Page 3
manner customary in Santa Clara County. All current property taxes on the Property shall be
pro-rated through escrow between District and Seller as of the Closing based upon the latest
available tax information using the customary escrow procedures.
(f) Seller shall cause First American Title Guaranty Company, or other title
company acceptable to District and Seller, to be prepared and committed to deliver to District,
CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the
amount of$100,000.00 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 numbered 3, 4, 5
and 9 as listed in said Preliminary Title Report (Exhibit "A"), and (iii) such additional title
exceptions as may be approved in writing by District prior to the Closing.
(g) Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance 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.
(h) Time is of the essence for this Agreement. If Close of Escrow has not
occurred on or before the specific closing date in Section 3(a) (or any actual written extensions
thereof executed by the parties), then this Agreement shall terminate and District shall have no
right to purchase the Property, unless Seller is in breach of this Agreement for failing to
complete the Close of Escrow on or before said date.
4. Rights and Liabilities of the Parties in the Event of Termination. In the event
this Agreement is terminated and escrow is canceled for any reason, all parties shall be
excused from any further obligations hereunder, except as otherwise provided herein. Upon
any such termination of escrow, all parties hereto shall be jointly and severally liable to
Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such termination of escrow), and
each party expressly reserves any other rights and remedies which it may have against any
other party by reason of a wrongful termination or failure to close escrow.
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
Purchase Agreement Page 4
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 tt SQ. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
6. Seller's 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 District.
6.01 Authority. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
6.02 Valid and Binding Agri. 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.
6.03 Good Title. Seller has indefeasible fee simple title to the Subject Property
which is to the best knowledge of Seller free and clear of any and all liens and encumbrances,
including but not limited to recorded and unrecorded option rights or purchase rights or other
interests held by third parties other than as set forth in the Preliminary Title Report attached
hereto as Exhibit "A". District shall, however, rely solely upon its title insurance policy and
not upon the representations and warranties of Seller from and after Close of Escrow with
respect to the condition of title.
7. "As-Is" Purchase and Sale. Except as expressly set forth in this Agreement,
this sale is made without representation or warranty by Seller whatsoever, and that Seller has
not undertaken any investigations of the matters hereinafter described. District represents,
warrants, acknowledges and agrees that it has had full and ample opportunity prior to the
execution of this Agreement to investigate the Property, including but not limited to the
physical condition thereof, the presence, absence or condition of improvements thereon, the
suitability of the Property for any purpose, the compliance of the Property for any purpose,
the compliance of the Property with applicable laws, the condition of the soil, water,
vegetation, any water courses or bodies of water in, on or adjacent to the Property, and the
surroundings of the Property, and that District shall purchase the Property AS-IS WrM ALL
FAULTS. Except as expressly set forth in this Agreement, Seller expressly disclaims any
4
Purchase Agreement page 5
representations or warranties concerning any of the foregoing matters. District represents and
warrants to Seller that District has made visual inspections of the Property and such geologic,
soils and other tests as District deems appropriate, and that District accepts the condition of the
Property as set forth above.
8. Integrity of ProMM. 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.
9. 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) Rcpresen ationc and Warran iec. For the purpose of consummating the
sale and purchase of the Property, 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 District:
(i) To Seller's knowledge, without further inquiry or investigation, the
Property does not contain and has not previously contained any Hazardous Waste or
underground storage tanks, and no Hazardous Waste has been or is being used, manufactured,
handled, generated, stored, treated, discharged, present, buried or disposed of on, under or
about the Property, or transported to or from the Property, nor has Seller undertaken,
permitted, authorized or suffered any of the foregoing;
(ii) Seller has not received any notice and, without further inquiry or
investigation, Seller has no actual knowledge that any private person or governmental authority
or administrative agency or any employee or agent thereof has determined, alleged or
commenced or threatened to commence any litigation, or other proceedings, to determine that
Purchase Agreement page 6
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, nor has Seller received any communication from any such person or
governmental agency or authority concerning any such matters.
(c) Indemnity. Seller shall indemnify, defend and hold harmless District
from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by
District, including without limitation, attorney, engineering and other professional or expert
fees, to the extent arising from any breach of the warranties or representations contained
herein.
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 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
Purchase Agreement Page 7
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.
11.04 $lghts Cumulative. Each and all of the various rights, powers and
remedies of the parties shall be considered to be cumulative with and in addition to any other
rights, powers and remedies which the parties may have at law or in equity in the event of the
breach of any of the terms of this Agreement. The exercise or partial exercise of any right,
power or remedy shall neither constitute the exclusive election thereof nor the waiver of any
other right, power or remedy available to such party.
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
by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as
indicated as follows:
Seller: David Zelhart
21733 Armstrong Road
Grass Valley, CA 95949-8337
(916) 268-2192
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
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile
or cabled notice shall promptly be sent by mail (in the manner provided above) to the
addressee. Service of any such communication made only by mail shall be deemed complete
on the date of actual delivery as 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. Either party hereto may from time to time, by notice in writing served upon the other
as aforesaid, designate a different mailing address or a different person to which such notices
or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement
Purchase Agreement page 8
shall excuse either party from giving oral notice to the other when prompt notification is
appropriate, but any oral notice given shall not satisfy the requirement of written notice as
provided in this Section.
11.06 Severabil ty. 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.
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 instrument.
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
condition or as a waiver of any other term, provision or condition 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
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.
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.
_-1
Purchase Agreement Page 9
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 Ac j,i!ns. 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 Cam. 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 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. Provided that this Agreement is executed by Seller and delivered
to District on or before June 13, 1997, District shall have until midnight June 25, 1997 to
accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
t//
Purchase Agreement Page 10
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.
DISTRICT: SELLER:
.ER:
MIDPENINSUL.A RF.GIONAi_. OPEN SPACE r `� z ✓��- ,�- -�� �r
DISTRICT Wanda Geneva Zelharf, Trustee
Date! e,
ACCEPTED FOR RECOMMENDATIONS:
Michael C. Williams, Real Property Representative Paul F. Zelhart, Jr.
APPROVED AS TO FORM: Date:
SkUC-�-tY'A'V1
Sue Schectman, District Counsel David B. Zelhart
�^ Date:
L. thtton, General Mang
APPROVED AND ACCEPTED:
President, Board of Directors
A=T:
District Clerk
Date:
Purchase Agreement page 10
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.
DISTRICT: SF.T,T,F.R:
MIDPENINSLTL.A REGIONAL OPEN SPACE
DISTRICT Wanda Geneva Zelhart, Trustee
Date:
ACCEPTED FOR RECOMMENDATIONS:
Michael C. Williams, Real Property Representative Paul F. Zelhart,lr.
APPROVED AS TO FORM: Date: ( --L_
Sue Schectman, District Counsel David B. Zelhart
Date:
RECOMMENDED FOR PPROV T.:
L. Craig Britton, General Manager
APPROVED AND ACCE D:
President, Board of Directors
AST:
District Clerk
Date:
Purchase Agreement Page 10
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.
DISTRICT: SELLER:
.ER.ER:
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT Wanda Geneva Zelhart, Trustee
Date:
ACCEPTED FOR RECOMMENDATIONS:
Michael C. Williams, Real Property Representative Paul F. Zelhart, Jr.
APPROVED AS TO FORM: Date:
Sue Schectman, District Counsel David B. Zelh
Date: e"� Z 7
RECOMMENDED FOR APPROVAL:
L. Craig Britton, General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
First American Title Guaranty Company
PRELIMINARY REPORT
Note:
Before the transaction contemplated by this report can be closed, the seller 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 Internal Revenue Code and
the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification
Number.
FiR& N-STAMERICAN
e
TITLE GUARANTY
ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE
PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE
ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE
FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW:
First American Title Guaranty Company
329 South San Antonio Road, #8
Los Altos, CA 94022
(415) 941-3320
EXHIBIT
Page �of113
PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO
ANY OF THE FOLLOWING QUESTIONS:
• Are your principals using a Power of Attorney?
• Are any of the parties in title Incapacitated or Deceased?
• Has a change in marital status occurred for any of the principals?
Will the property be transferred to a Trust, Partnership, Corporation or
Limited Liability Company?
• Do the sellers of the property reside outside of California?
• Is the property the subject of a Tax Deferred Exchange?
IN ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER:
• All parties signing documents must have a valid photo Identification card,
Driver's License or Passport for notarial acknowledgement.
• Please call your Escrow Officer with the loan or lien payoff information, if
required, so that we may order the payoff demand in a timely manner; or
advise Escrow Officer if loan is being assumed by buyer.
• If parties are obtaining a loan, your Escrow Officer will need to have the
fire/hazard insurance agent name and phone number to add the new lender
on the policy as a loss payee.
• If there is to be a change of ownership, it will be necessary for parties to
indicate how they would like to vest title. We have a worksheet available
briefly explaining various methods of holding title; please request one from
us. The method of holding title (vesting) has certain legal and/or tax
consequences and parties are encouraged to obtain advice from an
attorney, CPA or other professional in this matter.
RE.MINDM (REV Ii%b
EXHIBIT
Page ®
t100394atu051397bh
APPLICANT: YOUR ESCROW OFFICER Mary Ann Wakefield
C OkLL (415) 941-3320
FAX NO.
(415) 941-7982
MidPeninsula Regional Open ESCROW ORDER NO. 557387
Attention: Alice Cummings TITLE ORDER NO. 557387 UPDATE
330 Distel Circle CUSTOMER REFERENCE None Shown
Los Altos, CA 94022 PROPERTY ADDRESS
COPIES TO: None
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form Of Policy of title
insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
-(AMENDED 10-17-92)WITH REGIONAL EXCEPTIONS,AND A SPECIFIC REQUEST SHOULD BE MADE
IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED.
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 forms 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 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 Of Commitment should be requested.
Robert J. Gilardoni
Title Operations Manager
EXHIBIT
Page
N1.
Order No. 557387
Page No. 2
Dated as of May 1, 1997, at T30 a.m.
Title to said estate or interest at the date hereof is vested in:
Wanda Geneva Zelhart,Trustee of THE WANDA GENEVAZELHART 1991 Trust,as to an undivided one-
half interest and PAUL F. ZELHART, JR., who acquired title as a single man, as to an undivided one-
fourth interest, and DAVID B. ZELHART, who acquired title as a single man as to an undivided one-
fourth interest
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1997-1998,
a lien not yet due or payable.
2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
3. ANY EASEMENT for water course over that portion of said land lying within the lines of Cavanee or
Cavanaugh Creek and any changes in the boundary lines of premises that have occurred or may
hereafter occur from natural causes and by imperceptible degrees.
4. AGREEMENT on the terms and conditions contained therein,
For Non-exclusive easement for ingress and egress and public utilities
Between Morris R. Bridges, et ux
And Paul F. Zelhart, et ux
Recorded April 18, 1961 in Book 5139, page 659, Official Records.
•
Said Agreement defines said easement as follows:
Non-exclusive easement for ingress and egress and for the installation and maintenance of public
utilities, minimum of twelve feet in width. Said easement to be over existing wagon road app. 300'
North of the South boundary of Bridges property, and to follow the following course. Beginning at
Markey Ravine, thence Northeasterly approximately 1050'(feet)to a switch back,thence Northwesterly
to a meeting with Cavanee Creek at the junction of Cavanee Creek and Markey Ravine in as short a
distance and as soon as the topography and terrain will permit.
Said matter affects Parcel Two.
EXHIBI
Page of
Order No. 557387
Page No. 3
5. EASEMENT for the purposes stated herein and incidents thereto
Purpose Electric transmission lines, consisting of one or more lines of towers and
appliances and fixtures for use in connection with said towers
Granted to Pacific Gas and Electric Company, a California corporation
Recorded July 3, 1968 in Book 8180, page 59, Official Records
Affects As follows:
A strip of land of the uniform width of 120 feet extending from the Easterly boundary line of Section
34, Township 8 South, Range 1 West, M.D.B. & M. Northwesterly to the Northerly boundary line of the
parcel of land conveyed by Paul F. Zelhart and wife to Paul F. Zelhart and others by deed dated April
17, 1961 and recorded in the Office of the County Recorder of said County of Santa Clara in Book
5139 of Official Records at page 660 and lying equally on each side of the line which begins at a point
in the Easterly boundary line of said Section 34 and runs thence North 72° 10' West 335 feet, more
or less, to a point herein for convenience called Point "A"; thence North 600 09' West 975 feet, more
or less, to a point in the Northerly boundary line of the parcel of land conveyed by said deed dated
April 17, 1961; said Point "A" bears North 260 47 1/2' West 917.9 feet distant from the 3/4 inch iron
pipe marking the Southeast corner of said Section 34,
Terms and conditions contained in the document hereinabove referred to.
6. THE TERMS and conditions of the Trust under which the vestees herein hold title, and the requirement
that the written Trust Agreement and any Amendments thereto be submitted for examination.
7. A DEED FROM (or the joinder of) the spouse, if any, of any married vestee named herein will be
required when insuring any conveyance, encumbrance or lease to be executed by said vestee.
8. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options
to purchase or rights of first refusal contained therein.
9. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this
Company, or by inquiry of the parties in possession thereof.
EXHIBIT
-d-
Page of
Order No. 557387
Page No. 4
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) TAX NOTE
BOTH installments of taxes for the fiscal year 1997-1998 have been paid in full
1st Installment $243.38
2nd Installment $243.38
Land $21,410.00
Improvements $-0-
Personal Property $-0-
Exemption $-0-
A. P. No. 558-29-019
Code Area 80-008
C) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years.
D) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
E) No buyer run made (not furnished with order).
F) SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand based
on equity transferred.
EXHIBIT Iq
Page of�
Order No. 557387
Page No. 5
LEGAL DESCRIPTION
REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California, described as
follows:
All that portion of that certain tract of land hereinafter described lying Northeasterly of the center line of
Cavanee Creek.
Beginning at the corner of Section 34, 35, Township 8, Section 3, 2, Township 9 South, Range 1 West,
M.D.M. and running thence along the Section line between Sections 34 and 35, Township 8 South, Range
1 West, North 20.00 chains to a stake marked 1/8 S. from which a Manzanita 8" in diameter marked B. T.
1/8 S. bears South 56 links and a Laurel 6" in diameter marked B. T. 1/8 S. bears South 67 3/40 West 15
links: thence parallel to the line between said Sections 3 and 34 North 890 40' West 33.42 chains to a stake
marked A. A. standing at the corner for lands of R. G. Adair and C. Arellano and from which a Live Oak 24"
in diameter marked B. T. A. A. bears South 60* West 95 links and a Live Oak 12" in diameter marked B. T.
A. A. bears South 870 East 117 links: thence along the line between lands of said Adair and Arellano South
8.10 chains to the South side of the Cavanee Creek at the junction of said Creek with the center line of a
Ravine-, thence following the center line of said Ravine on a general line, South 7 1/40 W,st 12.00 chains to
a Willow Tree 12" in diameter marked A. A. standing at a point of intersection of the center line of said Ravine
with the Township line between Township 8 and 9 South, Range 1 West and being distant North 890 40' West
1.54 chains from corner A. G. 1 at the Southwest corner of the 30 acre tract deeded by Sixto Gonzales to
Robert G. Adair by Deed of April 9, 1887 and recorded in the Office of the County Recorder of Santa Clara
County in Book 145 of Deeds, page 32; thence up the center line of said Ravine with the following courses
and distances: South 70 West 0.56 chains, South 1 1/40 West 0.90 chains, South 5 1/20 East 0.65 chains,
South 1 1/20 West 1.18 chains and South 15 1/40 East 1.55 chains to the point of intersection of the center
line of said Ravine with the center line of a Ravine from Southeast; thence along the center line of said
Ravine in a general course of South 400 East 4.95 chains to a stake marked A. T. standing at the point of
intersection of the center line of said Ravine with the center line of the road leading from the Mount Pleasant
Road through lands of L. Gagliasso and Markey to Section 2, Township 9 South, Range 1 West; thence along
the center line of said Road and line between lands of said Gagliasso and Adair with the following courses
and distances to-wit: North 23 3/4* East 0.65 chains, North 70 20' East 1.90 chains, North 340 East 2.00
chains, North 66* 35' East 0.75 chains, South 280 50' East 3.75 chains and South 441 37' East 0.95 chains
to a stake marked A. T. M. standing in the line between lands of Louis Bacchio, formerly H. G. Markey and
Robert G. Adair and from which stake the center of a spring deeded by Markey to Adair bears North 740 10'
East 15 links and the center of another spring deed by said Markey to Adair bears North 27 1/20 East 50
links; thence continuing along the center line of said road and line between lands of said Bacchio and Adair
with the following courses and distances, to-wit: North 1011 53' East 3.15 chains, North 70 7' East 1.20 chains,
North 520 53' East 1.10 chains, North 600 38' East 1.15 chains, North 510 42' East 0.85 chains, North 720
12' East 5..25 chains, South 620 40' East 0.55 chains, South 380 38' East 3.30 chains, North 860 10' East 1.60
chains,
(LEGAL DESCRIPTION CONTINUED NEXT PAGE)
EXHIBIT--fi
Page �Ofjj:
Order No. 557387
Page No. 6
LEGAL DESCRIPTION: (Continued)
South 770 27' East 1.85 chains, North 810 53' East 2.40 chains, South 670 42' East 1.36 chains, South 320
14' East 1.30 chains, North 79° 19' East 1.90 chains, North 530 57' East 1.15 chains, South 85°40' East 1.35
chains, South 700 24' East 1.90 chains, South 540 9' East 2.55 chains, South 400 16' East 1.55 chains and
South 570 46' East 0.52 chains to a stake marked A. B. standing at the point of intersection of the center line
of said road with the center line between Sections 2 and 3, Township 9 South, Range 1 West, M.D.M. and
thence along said Section line North 6.32 chains to the place of beginning, and being a part of the South 1/2
of the Southeast 1/4 of Section 34, Township 8 South, Range 1 West, M.D.M. and a part of Lots 1 and 2,
Section 3, Township 9 South, Range 1 West, M.D.M. Courses true. Variation 170 55' East.
Excepting from the parcel of land firstly above described all that portion of the Cavanaugh Creek lying within
the bounds of Section 3, Township 9 South, Range 1 West, M.D.B. & M. together with a strip of land 50 feet
in width extending Southerly from and parallel with Southerly bank of said Creek for the entire distance, as
reserved and excepted in the Deed from Henry S. Markey and Isabel S. Markey, his wife, to Robert G. Adair,
dated January 27, 1892 and recorded February 13, 1892 in Book 141 of Deeds, at page 601.
[We Note But Do Not Insure] When drawing documents, delete that portion in brackets and insert 'Together
With"
A non-exclusive easement for ingress and egress and for the installation and maintenance of public utilities
over and along the existing road running from the Westerly line of that certain tract of land described firstly
in the Deed from E. M. Adair to Ernest M. Adair et al dated November 9, 1959 and recorded November 16,
1959 in Book 4607 of Official Records, at page 300, in a general Northeasterly direction and crossing Markee
Ravine to the terminus of said existing road.
Also a non-exclusive easement for ingress and egress and for the installation and maintenance of public
utilities over that certain parcel of land lying Southwesterly of the center line of Cavanee Creek and
Southeasterly of the center line of Markee Ravine as granted by Minerva Adair to Morris R. Bridges and Karen
M..Bridges, his wife, as joint tenants, in that certain deed recorded March 8, 1961 in Book 5095 Official
Records, Santa Clara County, page 600.
APN: 558-29-19
EXH 1Y
PageI
I T-
IRSTAMERICAN
FIRST AMERICAN TITLIP
"WARANTY COMPANY
737 North First Street, San Jose, CA 95112
408) 451-7800 TITLE GUARANI I"
'IN
NOTICE
accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amour',
qual to three and one-third percent of the sales price in the case of the disposition of California real properly interest oy
then.
1. A seller who is an individual with a last known street address outs �e of California or when the disburser—e-!
instructions autho,-ize the proceeds to be sent to a financial intermediary of tre seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the
amount required to be withheld or five hundred dollars ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be
required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real properly conveyed does not exceed one hundred thousand dollars
($100,000). OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of
California, or if a corporation, has a permanent place of business in California, OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California
real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue
Code).
The seller is sut')ject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholdirc
requirement.
The California statutes referenced above include provisions which authtrize the Franchise Tax Board to gran reduces
withholding and waivers from withholding on a case-by-case basis.
The parties to this transaction should seek an attorney's, accountant's or other tax specialist's opinion concerning the
effect of this law on this transaction and should not act on any statements made or omitted by the escrow or clos;rg
officer.
EXHI T—L
of
Page !L1
a. AMERICAN LAND TITLE -SSOCIATiON LOAN POLICY • 1970
WTH A.L.TA. Eh;ORSEMENT FORM 1 COVERAGE
'EOULE OF EXCLUSIONS FROM COVERAGE
sry aw :r-.,rarce or,cyernmentat regulaUcn ;rc:l. cut net'rmrtec to:wooing and zoning orClnarces; 'es!r c!:rg r 'egulating or prcnlbtr, —ea-
-se :r a^Cv-ert of !re :and. or 'egulattrg the :raraC!er :,r,enscrs :r ccattcr of any mprovemert ^cw or -eredher erected on '-e a-,: 3
separ3!.cn - ow^t(sr.c or a'eauctcr c •«e o;mers.crs of area of•«e and or the of ect of any omdla6dr, of any s_C'" aw Ordinance Jr;ever^r•c-•3 .,�•y-
O grts :f er',rent icC a:r or ;Over^rrerta ^gnts a :c,lce =Cover ..ress -ctce :f!re exerase of s�c-
..g"•5 3CC?d's .re :mob c 'eC:fcs 3t D3:e of P:noy
CereC!s -ers erc:.mbr3nces adverse -a�rns or otree —a-es a _•ea!ed sofe'ee assumed or agreed 'C _, _ -lured claimant. (0) ^At ar Cub,^ '0 're
Company arc not src r, by the public 'eccrCs but i^ow^ !ne .rs-'ec o.a,rnant eaner at Date of Pond; Cr 1: '«e oate suer Uarmant acqulre-I an. estate :r
merest rs..rec by his op4Cr or acquired!re�nsurec'-'crt;age arc-ct :sccsed r writing by!re r+surec -:armart ':!re Company prior to the date such ns,.rovo
:a,mari ;,er arne 3r insured nefeunder 'c)resurong n no loss or Carnage!o he insured tale+._^t ,a) attacr,ng or orea;ed subsequent to Date of Pointy �excea.
!o the extent insurance;s afforded herein as to any statutory ran for aper of material or to the extent insurance a afforded hefeMn as to assessments or street
mprovemerts under w nstryctxom of completed at Date of Policy)
Unenforceabr!tty of the lien of the insured mortgage caused of failure of:,+e;nsured at Date of Policy or of any subsequent owner of the indebtedness to compry
with applcablee 'cosng business' Laws of the state:n wr,cn he land ,s sauated
S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY • 1970
WITH REGIONAL EXCEPTIONS
7+e American Land TIrtie Association Lenders Potty is used as a Standard Zoverage Po+rcy and not as ar Extended Coverage Policy. the exclusions set !trim n caragracr +
are used and the foesowfng exceptions ro coverage appear in ire oolli y
SCHEDULE B
Nicy does not insure against loss Or damage by reason Of the marters shown in parts one and two following
me
Taxes or assessments which are not shown as existing dens by the records of any taxing authority that leves taxes or assessments on real property or by the
pubic records.
Any facts.rights,merest or crarro which are not shown by the public records but which Could be ascertained by an inspection of said Land or by making inquiry
of persons in possession thereof.
Easements. Gail of easement or encumbrances which are not shown by the public records
Dacrepanaes, conflicts in boundary Ines. shortage in area encroacr,n ants, or any ether facts whrcn a correct survr would disclose, and which are rot shown
by public records
Unpatented mining claims reservations of exceptions m patents or,n AC*.S authonzing the issuance mere-" water ngnts. claims or We to water
Any ben, or night to i tier, for services, tabor or material theretofore or nereafler furnished, imposed by law and not shown by the public records
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992
WITH A.L.T.A.ENDORSEMENT FORM/ COVERAGE
EXCLUSIONS FROM COVERAGE
lolling matters aria expressly exckxfed from dine coverage of this policy and the Company will not pay loss or damage.costs,attorneys'tees or expenses which arise by reason
(a) Any low,ordinance of governmental regu.aton(including but not muted to building and zoning taws,ordinances.or regulations)restricting.
reguleting. prohibiting or relating to () the occupancy, use. or anicyment of the lard: (i) the character.dimensions or location of any
improvement now or hereafter erected on the tend. (a) a separation nw onerithp a or change in the dimensions or Was of the tend or
any parcel of which the land is of was a part,or(iv) envronrmental protection.or the effect a any violation of these laws.ordinances or
governmental regulations. except to the extent that a notice of the enforcement Owed or a notice of a defect Yen or encumbrance
resulting from a violation or alleged viotabon affecting the land has been recorded in the pubic recorde at Date of Policy.
(b) Any governmental poke power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect.
loan or entAi mbrance resulting from a violation or alleged vtpiation affecting the land has been recorded in the pubic records at Date of
Policy
Rights of entwrtent domain unless notice of the exercise thereof has been recorded in the public records at Date of PoYq, but not excluding hum coverage any
taking which has occurred pnor 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 tax public records at Date of Policy, but created, suffered.assumed or agreed to by the insured clamant
(b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured clamant and not disclosed in writing to the Clo-cary
by the nsOred Wmant prior to the date the insured Claunant became an insured under this pblrcy,
(c) resulting in no bss or damage to the insured claimant:
(d) attaGnng or cleated subsequent to Date of Policy (except to the extent that is pclicy insures the priority of the Yen of the insured
mortgage over any statutory lien for services, labor or matenal or the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of Policy); or
(a) resuftnq in bss or damage whrh would not!+ave been sustainad A the insured c!aunant had pad value for the assured mortgagr
Unenforceabitity of tax Lien of the insured mortgage because of the nabll.Zy or fadure of tax insured at Date of Po", or the inabiYly of failure of any subsequent
owner of the indebtedness, to campy with the applicable 'doing business'taws of the state in which the land a situated
Invahl or unenforCeabrity of the Lien of the insured mortgage.or clam thereof,which anses out of the transaction evidenced by the insured mortgage and is
based upon usury or any consumer credit protector+or trvdn n lending taw
FIRST AMER'CA.N TITLE EXHIBIT
vH'BfT
Page If 0 of
Anv star icrf':en or services 'ator or raierals or UP^aim of prgr»y :r ary startcry'ten fo.seroces 'aocr or
g ar, m r vement or �a:s over tint ben of the�n$.,fed • I a e, .
3rs,n prom c o -on �e�atec. to the ,^cn s CCrtrarr. 'or and cCmm -.cat sursec�rer;• ;r pCirr and a ne'rim 9 9
a^iced r «nc,e =r car, oy orxeees or trio,ndeotedness secured pv s:.red mcr*ga,e «n,cn at Date of Por,rr ire•nsur?d > arcerl ors ob+,gated to ac 3--e
y c ^ «ri ch arises out of the transacncr creatig ire merest of re -,cr d w'fl gagee rsure ,s DCUCy ov 'eascr :fee operation of tedera. �a .
r r '_ _. ;•3•,
c, s-m,lar creditors ',ghts aws :rat s ,asec :r
^e tramsactlor criwirg the merest of the rs re.: • Crgagee �e•r :ee-ed a 'rauCaert :or,ee3^_e 9 _ "3,.C,.knt transfer Cr
+t "e s,00rcira"cn of the.merest :f're rs,.rec —crgagee 3s 3 'es,' v"e app,Kaucn o' e cot"-e •Nc,.dao+e sUOofdnahon or
11! re crarsacUon creatiry ire rterest or the rs_rec -+crga,ee -e,rg :eernee a preferent:a:transfer e=:ec'--ere the preferential transfer'es,tts''Cr-
. e 'a,o.re
3; tp tr" record the natrument V transfer or
of of such rer prdaWn to mpart nctce 'o a our-.rase( 'or value or a judgrnert or',en Crec:cr
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY • 1992
WITH REGIONAL EXCEPTIONS
he Amencan Land T'rUe Association policy ,s used as a Stardaro Coverage c.:ttcy and not as an E.xtenceC Ccver3ye °.,�cr ire exclusions set forth .n caragrapn: 3CC4e 3,=
?d the fbhbwng exceptions to coverage appear n the peucy
SCHEDULE B
41cy does nct insured against loss of Carnage ;ano the CCrrca-y «nl not pay oosts attorneys fees or expenses. .r<c, '.'se oy reason of
Taxes or assessments which are not shown as existing rer+s cy the records of any taxing author,ty that Levies 'axes Cr assessments on real properly or oy th
public records e
Any facts.rights. Interest or dams which are not shown by the public records but which could be aSCIrta,rec oy an nSpeCtJon of said land or by makr-g inquiry
of persons in possession thereof
Easements. dams of easement or encumbrances which are not shown by the public records
Discrepancies, confkct7 in boundary Ines. shortage+n area ercroaafnert3 or any other fact$who
by public records ch a CO"'Ct survey wOUku disclose.and whichwhichare not Shown
Unpatented rinsing claims, reservations or exceptions n ,atents or n Acts authorizing the issuance thereof «3ler ,,Juts Gams or We to water
Any ben, or right to a ken. ror services. Labor or material :heretofore or hereafter furnished, imposed oy Law and rot shown by the Public records.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY . 1992
EXCLUSIONS FROM COVERAGE
wing matters we expressty excluded from the coverage of this PAY and the Company w#not p•"Y loss or damage,oasts,attorneys'tees or expenses which arse by reason
Any law,ordinance or governmental regulation(including but not limited to budding and zoning laws.ordnances.or regulations)restricting.
regulstirtg, Prohidting or retailing to(q the occupancy. use. or enjoyment of the land. (k) the character. dirttef mires or location of any
improvement now or hereafter erected on the land: (m) a separation In ownership or a Change in k)the 9imensna or area of the land or
any panel of which the and is or was a part.or(iv) envronmental protection. or the effect of any violation of these taws.ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, ben or encumbrance
resulting from a v+olaborn of alleged violation affecting Cie land has been recorded in the public recur is at Date of Policy.
(b) Any governmental police Power not excluded by(a)above,except to the extent that a notice of'he exercise thereof Of s notice of a defect,
Lien or encumbrance resuilng from s violation or alleged violation affeMlig the land has been recorded in the Public records at Date of
Policy.
Rights of ertrxnt damn unless noboe of the exercise thered has been recorded in the public records at Date of Policy. but not excluding from coverage any
taking which has oCalrted prior to Data 0/policy which would be bndrq on the rights of a purchaser for value wft out knowledge.
Defects. bens. encumbrances. adverse cleans, 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 disclosed in writing to the Company
by the insured clamant prior to the We the insured clamant became an insured undef this POKY:
(c) resull in no loss or damage to the insured Wmant.
(d) attaching or created subsequent to Date of Policy. or
(e) resuMng in loss or damage which would not have been sustained A the Insured claimant had paid vak,e For the estate or interest insured
by this policy
Any clam,which arises out of the transaction vestrg In the insured the astate of interest insured by this policy,by reason of the operation of federal bankruptcy
state insolvency, Or SwrAw Creditors' rights taws. that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemrf : 'audulent conveyance of fraudulent transfer:or
(a) the transaction Creating the estate or interest insured by this pokey berg deemed a pr,.are,,,dl transfer except where the preferential
transfer resufts from the failure.
(a) to ti " record the Instrument of transfer,or
(b) of such recordation to 4npart notice to is purchaser for value or a judgment or ken creditor
FIRST A.MER)CAN TIn.E EXH 1 B IT-4
Page _U__®f
9. AMERIC.tiy LAND TITLE ASSOCIATION OWNER'S POLICY • 1992
MATH REvIONAL EACEPTIONS
^e li-Wi am Lard Tate Association pofKy s used as a . xrd Coverage Poicy arc not as an E,xtenced Coverage �-r the E+UUSC.`nS set cnr c3�3yr3cr 3 3:�c,e 3.0
=nC 're'cdG,wng exceotlOrs to coverage acoear-n the potcy
SCHEDULE 8
-c, Does not rs,,re a;amst bss or damage card ;he :amoary will not Dar Cdsts ancr+eys fees ar expenses, wwrKr arse oy reA,on ct
ye
'axe.cr assessments Nncu, are not srcwn as ex:scrg ers oy the•eccrds of any taxmg autr". tnat'ewe<. 'a;es :r assessments on rf at Drcoe,-.f cr cy rr,=
DuccK records
Ary facts Tigris .interest or claims wnKn are not shown Dy the puott eccras out vr,cn could De ascenax ee Dy an rspec:an of said Land or Dy rrax:rg ndu,a•r
of persons .n possesscon thereon
Easements claims of easement or encumbrances wmct+ are not shown oy the pubic records
Ocs crepanctes. COnRCM v`boundary lines. shortage n area.encroachments. or any other facts which a corre::survey would disclose. and which are not shown
Dy public records
Unpatented mining ci wins, reservations or exceptions in patents or in Acts autixmng the issuance thereof ovate( rights, claims or title to water
Any lien, or night to a Jen. for services, labor or matenal 1wetofore or hereafter furnished, crnposed by Law and not shown by the pubic records
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY- 1987
EXCLUSIONS
on to the Exceptions in Schedule S. you are not insured against bss. costs attorneys fees and expenses resulting 'ram
Governmental police A,awer. and the existence or volabon of any taw or government regulation This , vi^.es txwfldfng and ZMN ordinances and also laws
and regulations concerning.
Land use 'land division
wrlprovenlenb of the Land •envwwmentat protection
TAIL exck am does not apply to vl0latl cons of the anforcerment of these matters which appear in the public records at Policy Date.
This exjusfon does not Ymt the zoning coverage described in items 12 and 13 of Covered Tote Risks
The right to take'he Land by condermnng 0.unless
a notice of exercising the.•ght apr',-!an in the public records on the Policy Date
tie taking happened prior to the Policy Date and is Dfndng on you R you bought the Land without knowing of the taking
Title Risks
•that am created,allowed, or agreed to by you
Mat am known to you.but not to us.on the Policy Date-unless they appeared n the public records
that mmA in nu loss to you
a-At first titled your title after the Policy Date-Me does not kmtt the tabor and material Gen coverage in Item 9 of Covered TLOe Risks
Faiuxe to pay value for your title.
Lack of a right:
to any Lind outside the area spectllcal y described and referred to in Kom 3 of Schedule A. or
'in streeb,slays.or waterways that touch your tared
T'no exclusion does not knit the access coverage in item 5 of Covered TRie Risks
FIRST,AMERICAN TITLE EXHIBIT
Page of
OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA
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Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-97-96
Meeting 97-16
June 25, 1997
AGENDA ITEM
Proposed Addition of McKannay Property to Mt. Umu hum Area of Sierra Azul Open Space
Preserve
GENERAL. MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in this report.
2. Adopt the attached resolution authorizing purchase of the McKannay property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations
contained in this report, including naming the property as an addition to Mt. Umunhum
Area of Sierra Azul Open Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space at
this time.
DESCRIPTION (see attached man)
This 157.94 acre property, Santa Clara County Assessor's Parcel Number 562-21-09, is
located south of Almaden Reservoir midway between Herbert Creek and Loma Prieta Road.
Situated on a steep north-facing slope of the ridge linking Mt. Umunhum to Loma Prieta, the
site is surrounded by open space land included in the Sierra Azul Open Space Preserve. The
property is a desirable addition to the open space preserve because it extends already protected
wildlife and riparian habitats. The entire area is highly visible from Bald Mountain and, if the
property were to be developed for residential purposes, the surrounding preserve and
watershed would be seriously impacted.
The proposed addition is bounded by District open space land to the north, east, and west; a
smaller private parcel is located to the south. The property can be reached from the north by
an unimproved and overgrown trail which originates on a private driveway south of Alamitos
Road. The trail terminates at the north boundary of the property. Loma Prieta Road lies
approximately one-fifth mile to the southwest.
The property's topography is very steep and the hillsides are densely forested. A prominent
perennial creek bisects the property in a north-south direction and is characterized by lush
vegetation, scoured bedrock and many small waterfalls. Steep side-slopes along the creek are
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
R-97-96 Page 2
heavily forested with oak, bay and occasional Douglas fir. These slopes rise approximately
1,000 feet in elevation towards the property's southern boundary. The upper slopes are drier
and the landscape changes to scrub oak and chaparral.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located within an unincorporated area of Santa Clara County and zoned HS
(Hillside), requiring one dwelling unit per 160 acres, unless the development is clustered
whereby the allowable density is determined by the "20-160 acre variable slope density
formula" and is based on the average steepness of the property. Santa Clara County's County-
wide Trails Master Plan shows an existing and planned section of the Bay Area Ridge Trail
along Loma Prieta Road near the southwest corner of the property.
The property is rated in the District's Open Space Master Plan as having low to high
composite open space values and is important in terms of potential wildlife habitat, watershed
and scenic hillside protection.
Preliminary Use and Management Plan Recommendations
The preliminary use and management plan will take effect at the close of escrow and remain
effective until a Comprehensive or Interim Use and Management Plan is completed. Future
land use decisions, including plans for increased public access, will follow further
environmental assessments to ensure land use decisions are consistent with ecological values.
Public Access: Designate Conservation Management Zone; public access will not be
encouraged.
Trail Designation: No trails or roads are designated for trail use.
Dedication: Indicate your intention to withhold dedication of the property as public open
space at this time.
Name: Name the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space
Preserve
Signs: No signs are to be installed due to the remoteness and inaccessibility of the property.
Site Safety Inspection: Inspect the property to determine if there are hazards that need to be
mitigated.
R-97-96 Page 3
CEQA COMPLIANCE
aqject Description
The project consists of the acquisition of a 157.94 acre parcel of land as an addition to Mt.
Umunhum Area of Sierra Azul Open Space Preserve and the concurrent adoption of a
Preliminary Use and Management Plan for the addition. Ultimately, the property will be
included in the Comprehensive Use and Management Plan for the adjacent preserve. The land
will be permanently preserved as open space, open to the public and maintained in a natural
condition.
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
Article 19, Sections 15316, 15317, 15325 and 15061 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. The use
and management plan specifies the land will not be developed and will remain in a natural
condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will accept fee interests in the property and maintain the
open space character of the area.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer ownership of the property to the District and ensure it
will be preserved as public 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 AND CONDITIONS
The purchase price of this 157.94-acre single parcel site is $190,000.00 or approximately $1,200
per acre. This price has been determined to be fair and reasonable based upon real estate market
activity in the area.
R-97-96 Page 4
BUDGET CONSIDERATIONS
1997/1998 Budget for Land Acquisition
New Land $12,700,000
Previous Acquisitions (580,000)
Zelhart Acquisition proposed on this agenda (100,000)
McKannay Acquisition proposed on this agenda (190.000)
Acquisition Budget Remaining $11,830.000
Controller M. Foster has been consulted on this proposed acquisition, and indicated that,
considering cash flow and availability, funds are available for this property purchase. This parcel
was identified as an important addition to the Mt. Umunhum Area for wildlife and riparian
corridor protection.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices of this proposed acquisition.
Prepared by:
Del Woods, Senior Open Space Planner
Michael C. Williams, Real Property Representative
Contact person:
Michael C. Williams, Real Property Representative
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 McKANNAY,ET AL.)
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 the Richard H.
McKannay Trust et al. and the Midpeninsula.Regional Open Space District a copy of which is attached
hereto and by reference made a part hereof, and authorizes the President or appropriate officers to
execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors or other appropriate officer is authorized
to execute a 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 in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager of the District is authorized to expend up to$5,000 to
cover the cost of title insurance,escrow fees, and other miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected and hereby authorized that the District's
general fund will be reimbursed in the amount of$190,000 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 Districts 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 Districts official intent to use proceeds of indebtedness to reimburse itself
for this open space land acquisition project expenditure.
MIDPENINSUL*REGIONAL OPEWPACE DISTRICT
SIERRA AZUL OPEN SPACE PRESERVE
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EXHIBIT A: SITE MAP JUNE 1997
AGR_F.EMENT TO PURCHASE REAL PROPERTY
This Agreement is made and entered into by and between RICHARD H. MCKANNAY
TRUST hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the
California Public Resources Code, hereinafter called "District."
RECITALS
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, recreational, 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.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and
covenants herein contained, the parties hereto agree 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 one hundred fifty seven
and ninety four one hundredths (157.94) acres, more or less, and commonly referred to as
Santa Clara County Assessor's Parcel Number 562-21-09. Said property being further
described in the Legal Description attached to Preliminary Title Report number 205895 from
Golden California Title Company, a copy of said preliminary title report attached hereto as
Exhibit "A", and incorporated herein by this reference. Said property to be conveyed together
with any easements, rights of 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 One Hundred Ninety Thousand and No/100 Dollars ($190,000.00), which shall be
paid in cash at the "Closing" as defined in Section 3 hereof.
t
Agreement to Purchase Real Property Page 2
3. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 11 herein, an escrow shall be opened at Golden California Title Company, 1875 S.
Bascom Avenue, Suite 2445, Campbell CA 95008, (408) 558-1500 (Escrow number 205895)
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 July 31, 1997, 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 as described in said Exhibit "A".
(d) District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of One
Hundred Ninety Thousand and No/100 Dollars ($190,000.00).
(e) Seller shall share equally (50150) 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 pro-rated through escrow between District and
Seller as of the Closing based upon the latest available tax information using the customary
escrow procedures.
i
Agreement to Purchase Real Property Page 3
(f) Seller shall cause Golden California Title Company or other title
company acceptable to District and Seller, to be prepared and committed to deliver to District,
CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the
amount of$190,000.00 for the Property showing title to the Property vested in fee simple in
District, subject only to: (i) current real property taxes, (ii) those items shown as shown as title
exceptions 3, 4 and 8 in Preliminary Title Report No. 50000454, 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 and absolute discretion.
(g) Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance 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 canceled for any reason, all parties shall be
excused from any further obligations hereunder, except as otherwise provided herein. Upon
any such termination of escrow, all parties hereto shall be jointly and severally liable to
Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such termination of escrow), and
each party expressly reserves any other rights and remedies which it may have against any
other party by reason of a wrongful termination or failure to close escrow.
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 at=. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
6. Seller's Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
Agreement to Purchase Real Property Page 4
representations and warranties to District, which shall survive close of escrow, each of which
is material and is being relied upon by District.
6.01 Authority. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
6.02 Valid and Binding Agreements. This Agreement and all other documents
delivered by Seller to District now or at the Closing have been or will be duly authorized and
executed and delivered by Seller and are legal, valid and binding obligations of Seller
sufficient to convey to District the Subject Property described therein, and are enforceable in
accordance with their respective terms and do not violate any provisions of any agreement to
which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate
resolutions of Seller.
6.03 Good Title. Seller has and at the Closing date shall have good,
marketable and indefeasible fee simple title to the Subject Property and the interests therein to
be conveyed to District hereunder, free and clear of all liens and encumbrances of any type
whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights
or any other right, title or interest held by any third party except for the exceptions of record if
any, and others which may be permitted under the express terms hereof.
7. Integrity of Pr=M. 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.)
f i
Agreement to Purchase Re— .--roperty Page 5
(b) Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property, 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 District:
(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
Hazardous Waste or underground 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.
Agreement to Purchase Real Property Page 6
(c) Indemnity[. For a period of one year from the date of recording of the
Grant Deed, 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 arising from related to or
connected with the existence of any hazardous substances of any kind on or in the property,
except when any hazardous substance contamination was caused solely by District. For a
period of one year from the date of recording of the Grant Deed, Seller shall be solely and
completely responsible for responding to and complying with any administrative notice, order,
request, or demand, or any third party claim or demand relating to potential or actual
hazardous substance contamination on or in the Property, including any and all costs of
remediation and cleanup, except when such contamination was caused solely by District. In
addition to any remedies provided in this subsection, and for a period of one year from the
date of recording of the Grant Deed in the event Hazardous Waste is found to exist on the
property, District may exercise its right to bring an action against Seller to recover any
cleanup, repair or remediation costs from Seller.
9. Miscellaneous Provisions.
9.01 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.
9.02 Attorneys' Fees. With respect to a dispute not subject to the binding
arbitration provisions of §10 of this Agreement, 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.
9.03 Amendment and Waiver. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time
for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other
party; or (iv) waive the fulfillment of any condition that is precedent to the performance by
such party of any of its obligations under this Agreement. Any agreement on the part of any
party for any such amendment, extension or waiver must be in writing.
Agreement to Purchase R&u Property Page 7
9.04 Rights Cumulative. Each and all of the various rights, powers and
remedies of the parties shall be considered to be cumulative with and in addition to any other
rights, powers and remedies which the parties may have at law or in equity in the event of the
breach of any of the terms of this Agreement. The exercise or partial exercise of any right,
power or remedy shall neither constitute the exclusive election thereof nor the waiver of any
other right, power or remedy available to such party.
9.05 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
by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as
indicated as follows:
Seller: Richard H. McKannay Trust
P.O. Box 29475
San Francisco, CA 94129-0475
(415) 771-4040
FAX: (415) 563-4433
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Michael C. Williams
Real Property Representative
(415) 691-1200
FAX: (415) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile
or cabled notice shall promptly be sent by mail (in the manner provided above) to the
addressee. Service of any such communication made only by mail shall be deemed complete
on the date of actual delivery as 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. Either party hereto may from time to time, by notice in writing served upon the other
as aforesaid, designate a different mailing address or a different person to which such notices
or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement
shall excuse either party from giving oral notice to the other when prompt notification is
appropriate, but any oral notice given shall not satisfy the requirement of written notice as
provided in this Section.
9.06 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
Agreement to Purchase Real Property Page 8
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.
9.07 Counterparts. This Agreement may be executed in separate counterparts,
each of which shall be deemed as an original, and when executed, separately or together, shall
constitute a single original instrument, effective in the same manner as if the parties had
executed one and the same instrument.
9.08 Waiver. No waiver of any term, provision or condition of this
Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed
to be, or be construed as, a further or continuing waiver of any such term, provision or
condition or as a waiver of any other term, provision or condition of this Agreement.
9.09 Entire ALYreemen . 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.
9.10 Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
9.11 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.
9.12 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.
9.13 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.
9.14 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.
9.15 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
Agreement to Purchase ReA. ?roperty Page 9
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.
9.16 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.
9.17 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.
10. Arbitration of Disputes. If any dispute arises between District and Seller
relating to this Agreement and the purchase and sale of the Property, the District and Seller agree
that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as
set out below:
(a) Within 10 days after a notice by either party to the other requesting arbitration
and stating the basis of the parry's claim, each party shall appoint one arbitrator,
notifying the other party of the appointment when made;
(b) The two arbitrators shall immediately choose a third arbitrator to act with
them. If a party fails to select an arbitrator within the time allowed or if the two
arbitrators fail to select a third arbitrator within 10 days after their appointment, the
additional arbitrator shall be promptly selected by random lot in a manner agreed
among the arbitrators already appointed from a pool of up to six names, with each
party entitled to submit no more than three names.
(c) The arbitration shall be conducted under Code of Civil Procedure
§§1280-1294.2. Hearings shall be held in Santa Clara County, California.
(d) A decision of the majority of Arbitrators shall be binding on both parties.
The prevailing party in arbitration shall be entitled to an award of its costs of
arbitration. However, each party shall pay for their own attorney's fees.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO
HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY
AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
• t
Agreement to Purchase Real Property Page 10
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INI �j� BUYER INITIAL
11. Acceptance. Provided that this Agreement is executed by Seller and delivered
to District on or before June 16, 1997, District shall have until midnight June 25, 1997 to
accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth. If this Agreement is not executed by District
by midnight June 25, 1997, this offer to sell shall become null and void, unless extended in
writing by Seller. Provided that this Agreement is accepted by District, this transaction shall
close as soon as practicable in accordance with the terms and conditions set forth herein.
04
•
Agreement to Purchase Rea. _roperty 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.
DISTRICT:
MIDPENINSUT.A REGIONAL OPEN SPACE xwa-qlti�
DISTRICT abri e Miller, Co-Trustee
Date: �g/l� /
APPROVED AS TO FORM:
C6 4 �- .vb*-
Christine De Voto, Co-Trustee
Sue Schectman, District Counsel Date: q
60 ENDED FOR APPROVAL:
L. Craig Britton,
General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
A=T:
District Clerk
Date:
GOLDEN CALIFORNIA
T I T L E C O M P A N Y
PRELIMINARY REPORT
ORDER NUMBER: 50000454-510-PB
Escrow Branch Office:
1875 So. Bascom Ave.#2445
Campbell, CA 95008
Phone: (408) 558-1500
Fax: (408) 558-1511
Ref.No.: Escrow Officer: Pete Borello/eip
In response to the above reference application for a policv of title insurance, Golden California 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 form. 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 are
available from the office which issued this report and should be read
Please read carefully the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A
attached to this report. 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.
The form of policy of title insurance contemplated by this Report is:
CLTA Owner's Policy
Date as of May 15, 1997 at 7:30 A.M.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
PROPERTY ADDRESS:
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Richard H. McKannay, by Devise
The land referred to in this Report is situated in the State of California,County of Santa Clara and is described as follows:
(See "Legal Description" Schedule C attached)
EXHIBIT_
Page of
age 2
File No.: 50000454-510-TR
1. TAXES for the fiscal year 1997-98, a lien not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5.
(commencing with Section 75) to the Revenue and Taxation Code of the State of California.
3. Cash Entry Patent No. 17111 issued October 22, 1891 to Edward O'Donnell, subject to any vested
and accrued water rights for mining, agricultural , manufacturing or other purposes, and rights to
ditches and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by the local customs, laws and decisions of courts; and also subject to the right of
the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found
to penetrate or intersect the premises hereby granted as provided by law; and there is reserved from.
the lands hereby granted a right-of-way thereon for ditches or canals constructed by the authority
of the United States.
4. Provisions in Patent executed by United States of America and recorded April 23, 1908 in Book G
of Patents, page 270.
Reference to the records is hereby made for further particulars.
5. An easement affecting a portion of said land and for the purpose stated herein and
incidental purposes. The exact location of which cannot be ascertained of record
In favor of: Richard H. McKannay
For: Ingress and egress and for utility lines
Recorded: September 30, 1988 in Book K 701, Page 116, Official Records
6. An easement affecting a portion of said land and for the purpose stated herein and
incidental purposes. The exact location of which cannot be ascertained of record
In favor of: Richard H. McKannay
For: Ingress and egress and for underground utility lines
Recorded: September 30, 1988 in Book K 701, Page 122, Official Records
7. The effect of a Deed
Dated: April 10, 1994
From: Richard H. McKannay
To: , The Richard H. McKannay Trust
Recorded: April 12, 1994 in Book N 392, Page 2021, Official Records.
No assurance is made as to the effect or validity of said Deed since the Grantee named therein
appears to be a non-entity not legally capable of acquiring title to real property.
Reference to the records is hereby made for further particulars.
8. Any facts, rights, interests or claims which a correct survey would show.
EXHIBIT iq_
Page _2of
dole No. 3
File No. 50000454-510-PB
9. If the liability of this transaction is to exceed S500,000, or if the documents are to be executed by a
trustee other than the trustee shown of record. a copy of the trust agreement and any amendment's
thereto will be required for examination by the title department.
NOTES:
a. Date last insured: None Shown
b. This report does not reflect requests for notice of default, requests for notice of delinquency,
subsequent transfers of easements, and similar matters not germane to the issuance of the policy
of title insurance anticipated hereunder.
C. If this company is requested to disburse funds in connection with this transaction, Chapter 598
of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub-escrow accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
e. According to the public records, no Deeds conveying the property described in this report have
been recorded within a period of two (2) years prior to the date of this report, except as shown
herein--
NONE
f. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire
lot on a recorded final map.
EXHIBIT A
of
e No. 4
File No. 50000454-510-PB
g. TAXES for the fiscal year 1996-97, a lien, shown as follows:
I st Installment $201.62 Paid
2nd Installment $201.62 Paid
Assessor's Parcel No. 562-21-009 Code Area 72-007
Land $15,779.00 IMP NONE PP NONE Exemp NONE
h. The property as described herein does not appear to have any access of record to any public street,
road or highway.
EXHIBIT-
Page--�—Of:2E
Page 5
File No.: 50000454-510-PB
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the Unincorporated Area, County of Santa Clara, State of
California, described as follows:
SE 1/4 of Section 21, Township 9S, Range IE, M.D.B. & M.
EXCEPTING THEREFROM that portion thereof granted to Jan Alsberge, et al, by instrument recorded
September 30, 1988 in Book K 701 Official Records, page I I I and being described as follows:
Commencing at the Northeast corner of said SE 1/4 at a 2" o.d., iron pipe set per that certain survey map
recorded in Book 479, page 12 of Maps in the office of the Recorder of said County; thence from said
point of commencement along the North line of said 1/4 Section S. 89°56'00" W. 455.00 feet to the true
point o: beginning; thence from said true point of beginning, leaving said North line, along a line
parallel with the line common to Sections 21 and 22 of said T9SR1 E S. 4°1 T00" E. 183.41 feet; thence,
leaving said parallel line, S. 87°39'54" W. 336.50 feet; thence N. 89°36'01" W. 177.00 feet; thence N.
11 022'24" E. 20.94 feet; thence N. 18°43'50"E. 97.60 feet; thence N. 34°58'51" E. 54.10 feet; thence N.
43006'27" E. 50.61 feet; thence N. 15°53'56" E. 0.70 feet to the North line of hereinabove said SE 1/4
Section; thence along said North line N. 89°56'00" E. 398.25 feet to the true point of beginning.
ARB No: 562-25-038
EXHIBIT
Page .� of
OFFICE OF COUNTY ASSESSOR•••SANTA CLARA COUNTY, CALIFORNIA
0
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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I VIOPENINSULA REGIONAL OPEN I 193.10 AC TOTAL
SPACE DISTRICT I (iH.b AL. TOTAL) I I
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EXHIBIT "A"
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the
199'_ : LTA Extended Coverage Loan Polic, with ALTA endorsement - Form 1 Coverage. If the issuance of any other type of policy is
anticipated, the escrow-officer should be contacted to determine the applicable exclusions and exceptions.
1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY
WITH ALTA ENDORSEMENT- FORM 1 COVERAGE
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; (ii) the character. dimensions or
locations 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(iv) 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 had 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.
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 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 (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory liens for services. labor or materials,or to the extent insurance is afforded herein as to 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 mortgage.
4. 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 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 evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth-in-tending law.
6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the
lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced
subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage
which at date of policy the insured has advanced or is obligated to advance.
Any claim.which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy,state insolvency or similar 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;or
(i i) subordination of the interest of the insured mortgagee as the 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 accept 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 purchaser for value or a judgment or lien creditor. EXH I B IT
__d
Page
Lof—jr,
EXHIBIT "A" - continued
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990
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: (ii) the character, dimensions or
locations of any improvement now or hereafter erected on the land:00 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(iv) 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 had been recorded in the public records at date of policy.
(b) Any ;overnmental 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.
3. 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.
t 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 the
estate of interest insured by this policy.
4. Unenforceability of the lien of the 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 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 evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth-in-tending law.
6. 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.
EXCEPTIONS FROM COVERAGE
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments 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.
2. 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.
3. Easements. liens or encumbrances,or claims thereof,which are not shown by the public records.
4. 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.
5.(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 maters excepted under(a),(b)or(c)are shown by the public records.
Administration-Title Operations EXHIBIT
22211 Foothill Boulevard,Hayward,CA 94541 Page jLof
(510)582-1"1 FAX(510)582-7089 -JL
Regional Open :- ace
1
R-97-92 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-16
June 25, 1997
AGENDA ITEM
Amendment to the Use and Management Plan for Monte Bell Open Space Preserve to
Establish a Public Permit Parking Area Near the Southern E of Monte Bello Road
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the project is categorically exempt from the California Environmental
Quality Act (CEQA), based on the findings contained in this report.
2. Tentatively adopt the amendment to the Use and Management Plan for Monte Bello
Open Space Preserve to allow for public use, on a permit basis, of the existing docent
parking area adjacent to south Monte Bello Road.
DISCUSSION
The Use and Management Plan for Monte Bello Open Space Preserve was last updated at your
November 29, 1989 regular meeting (see report R-89-159). That Revised Comprehensive Use
and Management Plan included, as a long-term project, a proposed planning study of potential
public parking in this area of the preserve (see report R-89-147). Based on interest expressed
by the Board and the public, staff is recommending that the docent parking area adjacent to
south Monte Bello Road be designated as permit-only public parking. This area is located
inside gate MB08, at the terminus of the Waterwheel Creek Trail, as shown on the attached
map.
The area in question has been used as parking for District docent-led hikes for nearly 20 years.
Recently, in response to concerns about fire safety and land management, the parking area was
delineated with log edging and the firebreak was extended around the parking area. The area
is mowed but not otherwise surfaced. The configuration is shown on the attached site map. It
provides parking for approximately 16 cars, which is sufficient for anticipated public use.
Because docent-led events sometimes exceed 16 cars, one of the log bumpers will be
removable, as noted on the plan, to allow overflow parking on the adjacent field, within the
boundaries of the disc line.
Staff recommends that this area be made available to public groups and individuals for parking
on a permit basis, similar to the arrangement at other sites such as the north end of La Honda
Creek Open Space Preserve. The lot would not be signed as public parking and the parking
would not be identified on District maps except as "parking by permit only".
Notice of this proposed Use and Management Plan amendment has been sent to surrounding
property owners, in accordance with the Public Notification Policy.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
R-97-92 Page 2
- QA COMPLIANCE
Project Description
The project consists of allowing public individuals and groups to park vehicles on a permit
basis on a site which has been used for public parking for events led by District docents. The
site is located in Santa Clara County on the west side of Monte Bello Road on a ridge at an
elevation of approximately 2400 feet, and consists of grassland that has historically been used
for grazing. The area in question consists of approximately 5,000 square feet with room for
approximately 16 vehicles.
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
Section 15061(b)(3) and Section 15301 of the CEQA guidelines.
Section 15301 covers the operation of existing public facilities involving negligible expansion
of use beyond that previously existing. The site in question has been used for public parking
for docent-led groups for nearly 20 years. The number and frequency of cars being parked is
not expected to increase significantly.
Section 15061(b)(3) provides that a project is exempt from CEQA when it can be seen with
certainty that there is no possibility that the activity may have a significant effect on the
environment.
Prepared by:
Randy Anderson, Senior Planner
Contact person:
Same as above
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MONTE BELLO OPEN SPACE PRESERVE
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EXHIBIT A: PERMIT LOT SITE 6M 197
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MONTE BELLO OPEN SPACE PRESERVE
P�
�O EXISTING
GATE
16
014
� � 15
Y
Q
,.a 6 14 I Lu
cc
THIS LOG NOT a
STAKED: 13 I W
REMOVABLE I 5
FOR ACCESS --
12 I
I 4
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l 3
DOCENT PARKING ti '
I � 10
2
/ 9
I 1 /
g LOG BUMPER
` (TYP.)
KNEW F RE/ BREA _-_--
PROPOSED -�
0' 10' 20' REGULATION GATE
SIGNS
EXHIBIT B: SOUTH MONTE BELLO ROAD PERMIT LOT 6/12/97
Regional Open .' ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-97-98
Meeting 97-14
June 25, 1997
AGENDA ITEM
Authorization to Purchase a Tractor Trail Dozer
GENERAL MANAGER'S RECOMMEND
Authorize the General Manager to execute a purchase contract with Sutter Equipment for a tractor trail
dozer at a cost of$64,057.
DISCUSSION
At your May 28, 1997 meeting, you authorized staff to solicit competitive bids for a tractor trail dozer
(see report R-97-13). Although $60,000 for this purchase is included in fiscal year 1997-1998 budget, a
portion of the cost will be offset by grant funds from the National Recreational Trails Act for El Corte de
Madera Creek Open Space Preserve trail project. The grant allows reimbursement for the rental costs of
trail building equipment. Staff estimates one-third of the purchase cost ($20,000)will paid for with grant
funds.
Staff solicited competitive bids from tractor dealers throughout California. Because this tractor will be
used extensively for trail building, the specifications were very specific to requirements necessary for trail
construction and maintenance. Of the three tractor dealers responding, only Sutter Equipment submitted
a completed bid.
1) Sutter Equipment, Novato CA $ 64,057.00 (including tax)
2) Smith Equipment, Valley Center CA No Bid
3)Jenkins Machinery, Concord CA No Bid
Sutter Equipment's bid met all District specifications and was the lowest (and only) responsive bidder.
Prepared by:
David Topley, Support Services Supervisor
Contact person:
Same as above.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd®openspace.org • web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz• Genera!Manager:L.Craig Britton
Regional Open ice
1
R-97-94 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-16
June 25, 1997
AGENDA ITEM
Final Adoption of Amendment to Contract with Public Employees Retirement System (PERS)
for Local Miscellaneous Members to Provide 2 Per t 5 ce a5 Retirement Formula
GENERAL MANAGER'S RECOMMENDATIONS
Adopt the attached Resolution authorizing an amendment to the District's contract with the
Public Employees Retirement System (PERS) to provide the 2 percent at 55 retirement
formula (and authorizing the Presiding Officer to execute the amendment).
DISCUSSION
At your April 23, 1997 meeting, you adopted a Resolution of Intention to Approve an
Amendment to Contract Between the Board of Administration of the Public Employees
Retirement System and the Board of Directors of Midpeninsula Regional Open Space District
to provide 2 percent at 55 retirement formula, including an extension of the funding period to
the year 2016 (see Report R-97-71). The proposal to initiate the 2 percent at 55 retirement
formula amendment was approved at your March 26, 1997 meeting as part of the
Memorandum of Agreement between the District and SEW Local 715, and also as part of
the salary and benefit adjustments for office, supervisory, and management staff. This
amendment changes the existing retirement formula from the 2 percent at 60 formula to 2
percent at 55. The effective date of the contract amendment will be June 26, 1997, although
PERS will not require the District to start funding the 2 percent at 55 formula until July 1,
1998.
COST IMPLICATIONS
The estimated increase in the employer contribution rate effective July 1, 1998 is 4.374
percent of payroll. This cost is estimated to be $119,000 annually. However, the District
intends to offset 3 percent of the 4.374 percent increase in cost through reduced cost of
living adjustments (COLAs) in fiscal years 1998-1999 and 1999-2000. Therefore the actual
annual increase in cost to the District will be approximately $37,700.
Prepared by:
Deirdre Dolan, Acting Administrative Services Manager
Contact person:
Craig Britton, General Manager
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko, Betsy Crowder, Kenneth C.Nitz• General Manager:L.Craig Britton
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
BOARD OF DIRECTORS
OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as
Board, and the governing body of above public agency, hereinafter referred to as Public Agency,
having entered into a contract effective December 31, 1973, and witnessed November 14, 1973,
and as amended effective April 4, 1977 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs I through 9 are hereby stricken from said contract as executed effective April
4, 1977, and hereby replaced by the following paragraphs numbered I through 11
inclusive:
I All words and terms used herein which are defined in the Public Employees'
Retirement Law shall have the meaning as defined therein unless otherwise
specifically provided. "Normal retirement age" shall mean age 55 for local
miscellaneous members.
2. Public Agency shall participate in the Public Employees' Retirement System from
and after December 31, 1973 making its employees as hereinafter provided,
members of said System subject to all provisions of the Public Employees'
Retirement Law except such as apply only on election of a contracting agency and
are not provided for herein and to all amendments to said Law hereafter enacted
except those, which by express provisions thereof, apply only on the election of a
contracting agency.
3. Employees of Public Agency in the following classes shall become members of
said Retirement System except such in each such class as are excluded by law or
this agreement:
a. Employees other than local safety members (herein referred to as local
miscellaneous members).
4. In addition to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shall not become members of
said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. The percentage of final compensation to be provided for each year of credited
prior and current service as a local miscellaneous member shall be determined in
accordance with Section 21354 of said Retirement Law(2% at age 55 Full).
6. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One-Year Final Compensation).
7. Public Agency, in accordance with Government Code Section 20790, ceased to be
an "employer" for purposes of Section 20834 effective on April 4, 1977.
Accumulated contributions of Public Agency shall be fixed and determined as
provided in Government Code Section 20834, and accumulated contributions
thereafter shall be held by the Board as provided in Government Code Section
20834.
8. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with respect
to local miscellaneous members of said Retirement System.
9. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one installment
within 60 days of date of contract to cover the costs of administering said
System as it affects the employees of Public Agency, not including the
costs of special valuations or of the periodic investigation and valuations
required by law.
b. A reasonable amount, as fixed by the Board, payable in one installment as
the occasions arise, to cover the costs of special valuations on account of
employees of Public Agency, and costs of the periodic investigation and
valuations required by law.
10. Contributions required of Public Agency and its employees shall be subject to
adjustment by Board on account of amendments to the Public Employees'
Retirement Law, and on account of the experience under the Retirement System
as determined by the periodic investigation and valuation required by said
Retirement Law.
11. Contributions required of Public Agency and its employees shall be paid by
Public Agency to the Retirement System within fifteen days after the end of the
period to which said contributions refer or as may be prescribed by Board
regulation. If more or less than the correct amount of contributions is paid for any
period, proper adjustment shall be made in connection with subsequent
remittances. Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the Board.
B. This amendment shall be effective on the 26 day of June 19 97
BOARD OF ADMINISTRATION BOARD OF DIRECTORS
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
BY BY
KENNETH W. MARZION, CHIEF PRESIDING OFFICER
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A(Rev.8\96)
(Name of Public Agency)
RESOLUTION
AUTHORIZING AN AMENDMENT TO THE CONTRACT
WHEREAS,the Board of Administration of the Public Employees'Retirement System and the
of the
(Governing Body)
(Public Agency)
entered into a contract effective on
providing for the participation of said Public Agency in the Public Employees'
Retirement System;and
WHEREAS,it is now desirable to take advantage of certain benefits provided under said
Retirement System and not included in said contract;
NOW,THEREFORE,BE IT RESOLVED,that said
(Governing Body)
authorized, and it does hereby authorize, an amendment to said contract, a copy of
said amendment being attached hereto marked Exhibit and by such reference made a
part hereof as though herein set out in full;and
NOW,THEREFORE,BE IT FURTHER RESOLVED,that the presiding officer of said
is hereby authorized,
(Governing Body)
empowered and directed to execute said amendment for and on behalf of said
(Public Agency)
Adopted this day of ,19
Presiding Officer
Attest:
Secretary/Clerk
Public Agency
PERS-CON-13(rev. 1/96)
CALIFORNIA PUBLIC .tPLOYEES' RETIREMENT SYS*d
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
I hereby certify that the of the
(governing body)
(public agency)
adopted on by an affirmative vote of a majority of the members of said
(date)
Governing Body, No. approving the
(Ordinance or Resolution)
attached contractual agreement between the Governing Body of said Agency and the Board of
Administration of the California Public Employees' Retirement System, a certified copy of said
in the form furnished by said Board of Administration
(Ordinance or Resolution)
being attached hereto.
Clerk/Secretary
Title
Date
PERS-CON-5(Rev. 1/96)
Regional Open . ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-97-97
Meeting 97-16
June 25, 1997
AGENDA ITEM
Attendance at the Annual Land Trust Alliance Confer nce - Di' ctor B. Crowder
GENERAL MANAGER'S EC MEND
Authorize Director Crowder to attend the annual National Land Trust Rally `97 conference at
a projected cost of$1,500.
DISCUSSION
The 1997 Land Trust Rally will be held September 27 through 30 in Savannah, Georgia. This
annual conference is attended by over 1,000 people from around the country involved in land
trusts and land conservation issues. Board members and the general manager have attended in
the past and have found it to be an informative and useful conference.
The registration fee for the conference is $350. Total projected expenses, including
registration fee, airfare, and lodging are approximately $1,500. Funding for a Board member
to attend this conference is included in the 1997-1998 budget.
Prepared by:
M. Smith, Public Affairs Manager
Contact person:
L. Craig Britton, General Manager
330 Distel Circle• Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
Claims No. 97-12
Meeting 97-16
Date:June 25, 1997
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2408 230.83 Ace Fire Equipment Service Company Fire Extinguisher Service
2409 110.42 Acme & Sons Sanitation Sanitation Service
2410 7.58 Baron Park Supply Company Water Filter Supplies
2411 7,228.48 Bofors, Inc. Map Printing Service
2412 313.55 Breon, O'Donnell, Miller, Brown & Dannis Legal Services
2413 700.00 *1 L. Craig Britton Conf. Expense--Special Districts Forum
2414 175.80 L. Craig Britton Conf. Expense--Special Districts Forum
2415 286.00 *2 Carleen Bruins Conf. Expense--Special Districts Forum
2416 165.15 Cascade Fire Equipment Company Fire Pumper Parts
2417 14.91 Clark's Auto Parts & Machine Shop, Inc. Vehicle Parts
2418 244.89 Communications & Control, Inc. Utilities--Mt. Umunhum Pump
2419 17.70 CSLB Resource Documents
2420 44.13 Film To Frame Photo Processing
2421 800.00 Gallagher Inspection Services Property Inspection Services
2422 87.96 Gardenland Power Equipment Field Supplies
2423 50.31 GTE Mobilnet Cellular Phone Service
2424 149.28 Forestry Suppliers, Inc. Safety Supplies
2425 10,000.00 General Convention of the New Jerusalem Option Fees
2426 110.00 Green Waste Recovery, Inc. Dumpster Service
2427 309.92 H & L International Gloves
2428 278.49 The Habitat Restoration Group Restoration Consulting--La Honda Road
2429 356.63 The Home Depot Field Supplies
2430 1,068.06 Lanier Worldwide, Inc. Copier Lease
2431 82.30 Los Altos Garbage Company Dumpster Service
2432 1,574.25 MetroMobileCommunications Radio Maintenance Repair
2433 128.38 Moffett Supply Company Janitorial Supplies
2434 215.00 National Recreation and Park Association Subscription Renewal
2435 19.50 Netcom Shell Monthly Service
2436 33.92 Noble Ford Tractor, Inc. Tractor Supplies
2437 1,512.05 Office Depot Office Supplies
2438 611.76 Orchard Supply Hardware Field Supplies
2439 17.29 Pacific Bell Telephone Service
2440 34.12 Rayne Water Conditioning Water Service
2441 121.07 Saurus Safety Supplies
2442 143.00 Sequoia Analytical Water Testing
2443 186.19 Setcom Safety Equipment
2444 222.66 Shell Oil Company Fuel
2445 147.55 Skyline County Water District Water Service
2446 969.32 Malcolm Smith Conf. Expense--Special Districts Forum
2447 76.86 Summit Uniforms Uniforms
2448 5,392.91 Turner & Mulcare Legal Services
2449 12.59 U.S. Rentals Service Charge
2450 173.75 Vallen Safety Supply Company Safety Supplies
2451 98.91 Michael Williams Vehicle Expense
2452 300.00 Roberta Wolfe Recording Services
*1 Urgent Check Issued May 28, 1997
*2 Urgent Check Issued May 28, 1997
Page 1
Claims No. 97-12
Meeting 97-16
Date: June 25, 1997
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2453R 166.71 A-1 Sanitation Sanitation Services
2454R 77.48 Compurun Systems Computer Repair
2455R 135.31 Expedite Signs
2456R 480.00 Marie McGough Accounting Consultant
2457R 259.07 PIP Printing Newsletter Printing
2458R 3,000.00 Town of Portola Valley Retainer--Planning Coordinator
2459R 339.70 Petty Cash Office Supplies, Film and Developing,
Keys, Fuel, Local Business Meeting
Expense, UPS Shipping Expense,
and Field Supplies
Total 39,281.74
Page 2
Claims No. 97-12
Meeting 97-16
Date: June 25, 1997
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2408 230.83 Ace Fire Equipment Service Company Fire Extinguisher Service
2409 110.42 Acme & Sons Sanitation Sanitation Service
2410 7.58 Baron Park Supply Company Water Filter Supplies
2411 7,228.48 Bofors, Inc. Map Printing Service
2412 313.55 Breon, O'Donnell, Miller, Brown & Dannis Legal Services
2413 700.00 *1 L. Craig Britton Conf. Expense--Special Districts Forum
2414 175.80 L. Craig Britton Conf. Expense--Special Districts Forum
2415 286.00 *2 Carleen Bruins Conf. Expense--Special Districts Forum
2416 165.15 Cascade Fire Equipment Company Fire Pumper Parts
2417 14.91 Clark's Auto Parts & Machine Shop, Inc. Vehicle Parts
2418 244.89 Communications & Control, Inc. Utilities--Mt. Umunhum Pump
2419 17.70 CSLB Resource Documents
2420 44.13 Film To Frame Photo Processing
2421 800.00 Gallagher Inspection Services Property Inspection Services
2422 87.96 Gardenland Power Equipment Field Supplies
2423 50.31 GTE Mobilnet Cellular Phone Service
2424 149.28 Forestry Suppliers, Inc. Safety Supplies
2425 10,000.00 General Convention of the New Jerusalem Option Fees
2426 110.00 Green Waste Recovery, Inc. Dumpster Service
2427 309.92 H & L International Gloves
2428 278.49 The Habitat Restoration Group Restoration Consulting--La Honda Road
2429 356.63 The Home Depot Field Supplies
2430 1,068.06 Lanier Worldwide, Inc. Copier Lease
2431 82.30 Los Altos Garbage Company Dumpster Service
2432 1,574.25 MetroMobileCommunications Radio Maintenance Repair
2433 128.38 Moffett Supply Company Janitorial Supplies
2434 215.00 National Recreation and Park Association Subscription Renewal
2435 19.50 Netcom Shell Monthly Service
2436 33.92 Noble Ford Tractor, Inc. Tractor Supplies
2437 1,512.05 Office Depot Office Supplies
2438 611.76 Orchard Supply Hardware Field Supplies
2439 17.29 Pacific Bell Telephone Service
2440 34.12 Rayne Water Conditioning Water Service
2441 121.07 Saurus Safety Supplies
2442 143.00 Sequoia Analytical Water Testing
2443 186.19 Setcom Safety Equipment
2444 222.66 Shell Oil Company Fuel
2445 147.55 Skyline County Water District Water Service
2446 969.32 Malcolm Smith Conf. Expense--Special Districts Forum
2447 76.86 Summit Uniforms Uniforms
2448 5,392.91 Turner & Mulcare Legal Services
2449 12.59 U.S. Rentals Service Charge
2450 173.75 Vallen Safety Supply Company Safety Supplies
2451 98.91 Michael Williams Vehicle Expense
2452 300.00 Roberta Wolfe Recording Services
*1 Urgent Check Issued May 28, 1997
*2 Urgent Check Issued May 28, 1997
Page 1
Regional Open *ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
y..
t
FROM: C. Britton, General Manager
DATE: June 25, 1997
SUBJECT: FYI
330 Distel Circle 0 Los Altos, CA 94022-1404 a Phone:M 5-691-1200
FAX:41 5-691-0485 0 E-mail: mrosduopenspace.org 0 Web site:www.openspace.org
Boar(/of Directors Pete Siemens,Mary C:_Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz I General Manager.L.Craig Britton
Rqxlonal Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
June 25, 1997
To: J. Escobar, Operations Manager
From: J. Isaacs, Resource Management Specialist
Re: Coyote live-trapping for the sampling of plague and Cat Scratch Disease agent
(Bartonefla henelae).
There has been concern regarding the coyote live-trapping efforts on Monte Bello Open
Space preserve. I would like to reiterate that this live-trapping effort is a part of a regional
effort to collect blood samples for the purpose of testing the animals for both plague and
Cat Scratch Disease agent (Barlonella henelae).
'The live-trapping is being conducted by Santa Clara Vector Control under a yearly permit
issued to them in January by the District. Vector Control followed the permit
requirements by informing David Sanquinetti and I of the dates, duration and location of
trapping efforts. Knowing Vector control would be at the sites every morning and
evening, and that the traps would be set off to the sides of trails and that coyotes are less
active during the day, I gave Vector Control a verbal OK to leave the traps in the location
during the day with the condition that rangers check the traps throughout the day.
There was a coyote caught on June 24, 1997 on Canyon Trail. District Ranger, L. Hyman
found the coyote about 12:00pm during a periodic check of the traps and contacted
Vector Control who responded and released the animal within approximately two hours.
Some staff members expressed concern that the extended time the animal spent in the trap
was inhumane. However, when released after a blood sample was taken, the animal ran
showing no signs of stress from the incident. The Coyote was a two year old non-
lactating Beta female (Beta females usually do not breed).
If this is still a concern, I would recommend to amend the permit to specify that Vector
Control staff would be within 30 minutes response time of the trapping area and be
responsible for someone checking the traps every few hours when traps are on the
preserve during the day.
The District plays an instrumental role in gaining information on plague and the Cat
Scratch Disease agent. It is important that this program continue to contribute knowledge
about the health of native wildlife within our region.
330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200
FAX:415-691-0485 0 E-mail: mrosd@ot)enspace,org * Web site:www,openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernott,Nonette Hanko,Betsy Crowder, Kenneth C. Nitz - Genera/Manager:L.Craig Britton
Regional Open : ,ce
-----------------
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 24, 1997
Honorable Antonio Villaraigosa
Member, California State Assembly
State Capitol
Sacramento, CA 95814
Subject: Support for AB 1055
Dear Assemblyman Villaraigosa:
I am writing to inform you of the Midpeninsula Regional Open Space District's
support for your legislation, AB 1055.
While the District's mission is acquisition and management of rural, undeveloped
open space land, we recognize the need for a suitable funding mechanism directed to meet
health and safety standards for playground equipment and facilities in our communities.
Your bill's requirement that grant-funded upgrades of equipment must include 50 percent
recycled materials is very important from an overall environmental perspective, and an
element which we wholeheartedly support.
The District is committed to maintaining and improving the quality of life for its
constituents here in the San Francisco Peninsula. We believe that providing the public with
opportunities for low-intensity recreational use in "unimproved" open space areas is crucial
to this quality of life. We also believe it's equally important for the cities, counties, and
other agencies to provide for more traditional recreational activities, and that these
activities should be safe for our children. Your legislation will help to ensure the safety of
playgrounds throughout the state, and we applaud this goal.
Please feel free to use the District's name on your list of supporters for AB 1055. I
would be happy to discuss our position with you or your staff at any time.
incer ,
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd®openspace.org • web site:www.openspace.org
Board or Directors:Pete Siemens,Mary C. Davey,led Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
Regional Open _,�r,ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 24, 1997
This letter also mailed to:
Honorable Jim Cunneen Honorable Ted Lempert
Member, California State Assembly Honorable Byron Sher
State Capitol, Room 2174
Sacramento, CA 94249-0001
Subject: Support for AB 1055
Dear Assemblyman Cunneen:
I am writing to urge your support of AB 1055 (Villaraigosa), a bill to provide a
grant-funding mechanism directed to meet health and safety standards for playground
equipment and facilities.
While the Districts focus is on rural, undeveloped open space land conservation,
we of course recognize the need for safety standards for playground equipment and
facilities throughout our communities. In addition, this bill requires that grant-funded
upgrades of equipment must include 50 percent recycled materials, which is an element the
District wholeheartedly supports from a purely environmental perspective.
The District is committed to maintaining and improving the quality of life for its
constituents here in the San Francisco Peninsula. We believe that providing the public with
opportunities for low-intensity recreational use in"unimproved" open space areas is crucial
to this quality of life. We also believe it's equally important for the cities, counties, and
other agencies to provide for more traditional recreational activities, and that these
activities should be safe for our children. AB 1055 will help to ensure the safety of
playgrounds throughout the state, and we applaud this goal.
I urge you to support AB 1055 when it comes before you in the Assembly.
ince ly,
L. raig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
Honorable Antonio Villaraigosa
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board or Directors:Pete Siemens,Mary C.Davey,led Cvr,David T.Smernoff, Nonette Hanko,Betsy Crowder, Kenneth C.Nitz• General Manager:L.Craig Britton
Regional
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Ntlinorandm
June 18, 1997
To: C. Britton, General Manager
From: J. McCullough, Open Space Plariner 4
Re: Rancho San Antonio Use and Manage cent Plan
At their February 26, 1997, the Board of Directors adopted the following amendment to the
Windmill Pasture Area of Rancho San Antonio Use and Management Plan:
Once the sheriff's department is given,jurisdiction to enforce parking regulations (on
Rhus Ridge Road), provide a temporary overflow parking area in the clearing beyond
the caretaker trailer by mowing and installing log barriers on one side of the clearing
(for seasonal use only).
Since the adoption of this amendment, the Rhus Ridge Road neighbors have decided that they
are not interested in having Rhus Ridge Road subject to sheriffs jurisdiction. They have
withdrawn their request of the Town to consider their proposal, partly due to the fact that this
would enable the District to install the overflow parking area. District staff also feels that the
parking improvements have eliminated the blocking of emergency access and therefore,
sheriffs jurisdiction is unnecessary.
As a result, I wanted to inform you that the overflow parking area is on hold, since
installation of the temporary overflow parking area is linked to sheriff's jurisdiction of the
road.
This will most likely result in vehicles parking at the beginning of Rhus Ridge Road and
along Moody Road on heavy visitation days. Visitors will then use the Town trail along
Rhus Ridge Road to access the preserve. Staff'believes that this solution is the best available
at this time given the many constraints inherent to the area.
330 Distel Circle * Los Altos, CA 94022-1404 Phone:415-691-1200
FAX:415-691-0485 0 E-mail: mrosd@openspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Srnernoff, Nonette Han ko,Betsy Crowder, Kenneth C.Nitz, General Manager:L.Craig,Britton
1,- ✓
June 17, 1997
Craig Britton
General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Craig,
The Board and staff present at our February 27 Trails Workshop wish to commend
you for an excellent presentation. It was an informative and concise history of the
relationship of our two organizations and gave us a good understanding of
MROSD's proposed collaboration with Hidden Villa. While your organization
made a compelling proposal and we are certainly sympathetic to your problem of
providing public parking in this region, we regret to inform you that the Board has
been unable to reconcile your request with our organization's needs.
There are two main areas of difficulty: one is a preservation issue and one is
programmatic.
Preservation Issue
Hidden Villa is a farm and wilderness preserve that dates back to the 1920's and the
lives and philosophy of Josephine and Frank Duveneck. It is this sense of history
that makes Hidden Villa a special place to visit, that makes it distinctive from other
parks and farms in the area. To preserve our connection to the lives and vision of
the Duvenecks, we struggle to retain the "old farm" character of the property while
at the same time meeting the demands of the educational programs they began.
Currently we provide parking for over 100 vehicles, a level that has been
determined unanimously by the Board and staff to be adequate for all our needs —
for both program participants and visitors to the farm and trails. Parking is
restricted to three designated areas of the farm (a Visitors Welcome Center lot, a
program lot near the hostel, and a staff parking area out of sight behind the
corporation yard at the end of the valley) to reduce their visual impact upon
visitors. The area nearest to Moody Road is intended only for pick up of produce
anther needsl of the agricultural program and is not a parking lot. The picnic
�i ins 1997 �4-��
HIDDEN VIULX W
2.
ground is used as parking only once or twice a year for special events. Our Entry
Master Plan calls for the planting of trees to screen the picnic area so that it is not
mistaken for parking, as sometimes happens. It is our intent to preserve the
"rustic" appearance of our entrance as much as possible, and we are unable to
identify a location for a new lot that would not be in conflict with this goal.
Program Issues
Our summer camp and environmental education programs are the core of Hidden
Villa's mission. It is through these programs, which currently draw close to 20,000
youth and adults to the farm each year, that our mission of teaching children to
become respectful caretakers of the earth and each other is most fully realized.
The trails and wilderness of Hidden Villa are our classroom. These trails were not
designed for recreational use, but instead, for minimal impact on the wilderness.
Compared to trails elsewhere they are narrow, some less than two feet wide, and
rustic hiking trails. They are intended to disturb the land as little as possible.
Although we have recently added switchbacks to accommodate small children and
older people, some of the trails are still quite steep. The trails are best suited for quiet
contemplation of nature. The experience of the undisturbed solitude of the
wilderness is not a luxury for our programs, it is an essential part of them. For
many of the city children that attend our programs, the tranquillity of Hidden Villa
provides a deeply profound experience, establishing for them a new connection to
the natural world.
Thus, we are continually faced with the difficult task of balancing our desire to be a
welcoming place to casual visitors with the impact that those visitors have on our
educational programs. As part of our strategic planning, the Board and staff
emphasized that it is important to avoid overcrowding and overuse of the land and
unanimously agreed not to increase the capacity of our programs in the next five
years despite increasing demand. However, limiting program use of the land is only
a partial solution, as the numbers of non-program visitors has been increasing.
Unfortunately, we do not believe that it is possible to separate the issues of access
and parking availability. If there are more trails, more parking will be desired. If
there is more parking, more people will be using the trails — and be using the trails
when Hidden Villa is closed. Limited parking availability serves as one regulator of
visitor access.
Hidden Villa Trustees and staff are extraordinarily mindful of our charge to
preserve the wilderness while at the same time offering a unique outdoor
experience to thousands of children, youth and adults each year. Although it is
difficult to turn down the many requests we get for additional access, particularly
a1C` c
HIDDEN VILLA. '
3.
when they have a component of meeting the needs of underserved segments of the
community, we, in good conscience, must do so. After receiving the letter to the
Hidden Villa Trustees from Directors Mary Davey, Betsy Crowder and David
Smemof f dated April 9, 1997, the Board re-opened discussion of your request, but
remains unable to reconcile what we see as our responsibility to protect and support
Hidden Villa with your proposal. We do hope that you can understand our
position, even though it does not help you solve your Rhus Ridge parking problem.
We recognize that Hidden Villa owes a great deal to MROSD, and we are very
grateful for all that you do for us. We look for-ward to maintaining the productive
and congenial relationship we have with the District, and would be happy to work
with you in advocating for public transportation along Moody Road and for
ticketing for on-road parking. Please call me with any questions or further
clarification of any of the factors comprising our decision.
Sincerely,
Ju th Steiner
Executive Director
949-8654
cc: Mary Davey
Betsy Crowder
David Smernoff
Jeff Peterson, City Manager, Town of Los Altos Hills
0�1
44
HIDDEN Via- LA&
Regional Open ' ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: June 20, 1997
SUBJECT: FYI
330 Distel Circle * Los Altos, CA 94022-1404 , Phone:415-691-1200
FAX:415-691-0485* E-mail: iiirosd@openspace.org * Web site:www.opetispa(e.org
Board of Oire(tors:Pete Siernens,Mary C. Davey,led Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C.Nitz , General Mdt).1901:L.Craig Britton
INTER-OFFICE MEMORANDUM
June 12, 1997
TO: Craig Britton, General Manger
FROM: John Escobar, Operations Manager
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month May - Year 1997
VIOLATIONS TOTALS CITIES CREMES TOTALS CITES
Bicycles Auto burglary (roadside) 1 1
Closed area 11 4 Assault/battery (off-site) 1 0
Speed 17 9 Alcohol to a minor I I
Helmet 25 1 Poss marijuana 1 1
After hours 4 1 Marijuana cultivation 1 0
Dogs Bike - Unsafe operation 2 2
Prohibited area 9 1 Resisting officer 2 1
Off-leash 1 2
Closed area 1 1 ACCIDENTS
After hours 34 10 Bicycle 1
Fishing 1 0 Equestrian 0
Swimming 1 0 Hiking/running 4
Vandalism 1 0 Other first-aid 2
Off-road vehicle 1 0 Search/rescue 4
Parking 13 1 Vehicle 1
Parking after hours 22 5
Dumping/littering 1 0 ENFORCENIENT
Cam fires 0 0 Citations
Camping 0 0 Written warnings 89
Weapons Arrests (off-site auto burglary) --i
Actual contact 1 0 Police assistance 5
Report only 0 0 Hazardous material investigation
Evidence of 0 0
Human flight 1 1 MUTUAL AID
No smoking I I Accidents 7
Law Enforcement __a
Fire (vehicle) 0
Landing Zone — 2
SUMMARIES OF SIGNIFICANT INCIDENTS
May 1: W. Phillips attempted to contact two people for after hours bicycling at Monte
Bello. Both initially evaded the ranger. One was issued a citation and the
second person was not located.
May 3: Two bicyclists were stopped by rangers on Canyon Trail at Monte Bello OSP for
reckless riding. One rider remounted his bicycle and fled. Additional rangers
were called to assist. The cyclist was seen by another ranger and again fled.
The cyclist surrendered when he was contacted for a third time by a bicycle
patrol ranger. The person was issued a citation for 'resisting arrest' and 'recklw,s
operation of a bicycle.' L. Hyman. B. Downing, M. Newbum, B. Malone, D.
Danielson.
May 3: A missing person search was conducted by Santa Clara County Office of
Emergency Services and search and rescue volunteers in the Fremont Older,
Picchetti Ranch, Monte Bello and surrounding park lands of the Stevens Canyon
area. A multi-agency task force consisting of equestrian, hiking and K-9 units
were involved but the man was not found. The search was terminated on May 5.
May 3: T. Kamofel contacted a cyclist blocking the trail, while smoking marijuana in
Fremont Older. A citation was issued for marijuana possession.
May 9: A bicyclist reported that he had been assaulted by another bicyclist on the
Hayfields Trail at Fremont Older. He said he had been forced off the trail and
crashed due to another cyclist riding downhill at a high rate of speed. This
cyclist also crashed, and came after the first cyclist with fists clenched, screaming
profanities. The first cyclist protected himself with his bicycle, then reported the
incident. T. Karnofel checked the preserve but the second cyclist was gone.
May 21: An auto burglary occurred at the Grizzly Flat parking area. The incident was
witnessed by three cyclists who reported it to OST S. Hooper. Hooper later saw
the suspect's vehicle. Santa Clara County SO was called and the suspect was
arrested. S. Hooper, B. Malone.
May 21: Three cyclists on a hiking-only trail approached a hiking group at a high rate of
speed in Upper Stevens Creek County Park. The hike leader and cyclists started
yelling at each other. One cyclist assaulted the leader, knocking him back into an
elderly hiker. Both men fell, sustaining injuries. The cyclist fled after the
incident. District staff responded to the medical aid of the victims. The hike
leader refused treatment. The other hiker, whose hip was fractured as a result of
being knocked down, was transported by ambulance to Los Gatos Community
Hospital. Santa Clara SO and county park rangers investigated the crime. (Note:
The bicycling group were the witnesses regarding the auto burglary described
above.) Santa Clara SO is following up on the suspect information. M.
Newburn, B. Malone, S. Hooper, D. Sanguinetti.
May 23: T. Lausten found an unattended vehicle in Rancho County Park that belonged to a
missing man, at risk because of diabetes and clinical depression. The county
sheriffs department and search and rescue conducted a ground, canine, and air
search of the preserve. The subject was not found. The search was terminated
on May 25 at 1900. T. Karnofel, M. Newburn, P. Hearin, K. Miller and D.
Danielson participated.
May 26: A marijuana cultivation site was found in Rancho not far from Deer Hollow Farm
by a search team still looking for the missing man. Fifty-seven plants were
removed by M. Newburn, T. Karnofel, and T. Lausten. The plants were turned
over to the sheriff's department.
May 30: On the Mora-Ravensbury Trail at Rancho a 72-year-old man in a wheel chair
went off the top switchback. His brakes failed to stop the chair, causing him to
go off the trail, tip over, and fall. He was stranded for approximately two hours.
K. Carlson, M. Casaretto, M. Jurich, M. Newburn, county fire, and Life Flight
handled the incident. The man had minor back pain and was flown to Stanford
Hospital.
Regional Open , )ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 18, 1997
Members of the Planning Commission
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Development Plans for Lands of Diocese
Dear Members of the Planning Commission:
I would like to comment on the development plans for the Diocese property that we recently
received on June 4, 1997. My comments are predicated on the District's interest in preserving
the open space character and experience at Rancho San Antonio County Park and Rancho San
Antonio Open Space Preserve.
I would like to express my concern over the applicants proposal to locate two story structures
in the visually sensitive area along Cristo Rey Drive. During the review of the Master
Environmental Impact Report, we strongly urged the City Council to reject a proposal for
development between Cristo Rey Drive and Maryknoll Seminary and to protect this valuable
open space resource. To our dismay, the development of 12 lots was approved and now the
visual impacts may be heightened by the proposal to construct two story structures.
I would like to reiterate our concerns over any development between Cristo Rey Drive and
Maryknoll Seminary, as follows:
1) Large residences, ancillary structures, yards and fences will completely change
the open space character of the land along Cristo Rey Drive which has been an
integral part of a visitors experience going to the park and open space preserve.
2) Cupertino residents and other park and preserve visitors will react negatively to
residential construction and open space destruction within the highly visible
expanse of open space between the Forum and De Anza Hill when they view the
project from within the park and open space preserve.
3) Wildlife habitat and movement will be severely constrained by human activity
encircling the 12 lot development where noise, pets and normal residential
activities will force wildlife to retreat into the park and preserve.
4) The pocket of residential development may ultimately increase development
pressure on remaining private open space lands between the project and the
Forum.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
According to the July 31, 1995 staff report to the Council, the Planning Commission recognized
these impacts and recommended development be eliminated from the area near Maryknoll
Seminary. We urge the Planning Commission to reinforce this position and not support the
construction of two story houses in this area.
In addition, I would like to respectfully request that you condition the plans for the retention
basin near St. Joseph's Avenue. The plans are presently unclear as to how the retention basin
will be developed and our concern lies with the potential impacts it may have on the adjacent
park and open space facilities. We would like to see conditions placed on this aspect of the
project that would require the area to remain as natural as possible and the applicant to work
closely with Santa Clara County Parks and Recreation and Midpeninsula Regional Open Space
District in further development of the plans.
We appreciate the opportunity to comment on the development plans and hope you will consider
our comments in your deliberation.
S' cere
L. Craig Britton
General Manager
cc: MROSD Board of Directors
Regional Open ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 17, 1997
Mary Ann Luce
1928 Fallen Leaf Land
Los Altos, CA 94024
Dear Ms. Luce:
Thank you for your donation of the turn-of-the-century rocking chair for the Grant cabin at
Deer Hollow Farm. Your gift is a wonderful addition to the historical exhibit inside the
cabin. District staff will be moving the chair to the cabin within the next week. I appreciate
your support of the District's efforts to preserve an important part of our local history. The
farm is a special place; I hope you will continue to enjoy your visits there.
Si Qcer ly,
L. &ggBritton
General Manager
LCB:cb
cc: MROSD Board of Directors
330 Distel Circle• Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
Regional Open ace
1
1
M
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 16, 1997
Paul Romero
Director Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, California 95030
Dear Paul:
I would like to express officially our interest in participating in the development of the
County's Intedurisdictional Trails Committee. In response to Supervisor Beall's May 27
letter, I hereby designate Del Woods as the District's representative to the Committee.
Thank you for including the District in this important step towards implementing the
Countywide Trails Master Plan. We look forward to working with the County and other
participating organizations in developing a work program for the committee.
S' re A
L. Craig ritton, General Manager
cc: MROSD Board of Directors
James T. Beall, Jr., Santa Clara County Board of Supervisors
Julie Bondurant, Santa Clara County Parks and Recreation Department
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org
Board oiDirectors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz• General Manager:L.Craig Britton
LIANCE
FOR COMMUNITY CARE
June 10, 1997
L. Craig Britton
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Dear Mr. Britton,
As the Director of Clinical Services for ALLIANCE for Community Care, I would like to thank you on
behalf of our agency and our clients for helping us in our efforts to remove the stigma of mental
illness. ALLIANCE exists to help individuals achieve mental and emotional health, discover and
realize their potential and fully participate in life.
Recently, Midpeninsula Regional Open Space accepted Marcia Donovan as a volunteer in your
docent program. Her goal was to complete the training program so that she could lead hikes for
individuals who are disabled by a mental illness. Ms. Donovan has shared with me how proud she
feels to have accomplished this goal. She is looking forward to sharing her enthusiasm and
knowledge with other mental health consumers. By waiving the tuition for the docent training,
Midpeninsula Open Space has become our community partner in achieving our mission.
Expanding access for our clients to the natural resources of their own community is an important
part of ALLIANCE sponsored recreational activities. Very often the opportunity to participate in the
community as full citizens is limited more by the stigma of mental illness than disability from the
illness itself. We look forward to sharing this new social and educational experience. It will truly
enrich the lives of our clients and help them feel like valued community members.
Sincerely,
Lyn Fhrr, LCSW
Director of Clinical Services
CC' Marcia Donovan .
Deserine Graze, Rehabilitation Services Supervisor
ll llwl 12 1941
OPEN SPALL E' �, .., ;��
Administration:438 North White Road•San Jose,CA 95127-408.254-6828 * 2001 The Alameda•San Jose,CA 95126-408.261.7777 7 f 206 California Avenue•Palo Alto,CA 94306-415.617.8340
PLANNING AND CONSERVATION LEAGUE
June 10, 1997
OFFICERS
JANET COBB
President
MICHAEL REMY Dear Friend of California:
Senior Vice-President
TINA THOMAS
Senetan-Treasurer
REGIONAL VICE PRESIDENTS This is an invitation to a meeting to discuss'a vital topic: saving the
IN JOHSSON
San Diego California land and its resources.
San Ul
DOROTHY GREEN
Los Angeles
SAGE SAVEETWOOD In 1998 it will be eight years since Californians have approved any new-
Sacramento
TOTTON P. HEFFELFINGER source of funds to protect our most precious resource: the California
San Francisco
DAN' FROST landscape.
Superior California
BOARD OF DIRECTORS
ARCHAEOLOGICAL CONSERVANCY In the 1980's voters approved more than three billion dollars in bonds.and
AUDUBON SOCIETY
BAY AREA CHAPTERS other funding sources to protect our parks, wildlife areas, open space, and
CALIFOR NIA ASSOCIATION
OF 8 ORGANIZATIONS
CALIFORNIARNIA SSOCIATION other valuable natural areas. Other than Proposition 204 last years not a
AS
OF LOCAL CONSERVATION CORPS CALIFORNIA NATIVE PLANT SOCIETY dollar has been approved since 1990, And Prop. 204, as good as it was,
CALIFORNIA OUTDOORS
CAL I FORNIA STATE PARK RANGERS provided almost no money for land protection outside the.Central Valley.
ASSOCIATION
CALIFORNIA TROUT
CALIFOGREENBELT
A AGAINST ss'ASTE We at the Planning and Conservation League believe this situation must not
GREENBELT ALLIANCE
LEAGUE GREENBELT INC
LEAGUE TO SAVE LAKE TAHOE O be allowed to continue unchallenged. While we strongly support a traditional
MARIN CONSERVATION LEAGUE
MONO LAKE COMMITTEE MOUNTAINS RESTORATION TRUST park bond act in the Legislature, the Governor's opposition puts that measure
SAVE SAN FRANCISCO BAY ASSOCIATION in grave danger.
SOCIETY FOR CALIFORNIA ARCHAEOLOGY
SOUTHERN CALIFORNIA AGRICULTURAL
LAND FOUNDATION
TRAIN RIDERS ASSOCIATION OF CALIFORNIA For that reason, we want your views on the ideas contained in this memo.
Lae,, Bard.Ola, Please attend the meeting in your area described on the attached schedule. If
Bob Berea.W.I.Park
R...si de de
line Block.River you cannot do so, please call Jerry Meral at 916-444-8726 extension 5, or fax
.Hope
Ba`rbarBar Eastman.B l All, to 916-448-1789, or e-mail to j__-,neral�a!11--
cLor with your thoughts and ideas.
Joe Edmnmo.Los A.".
Phslirs Fabe,Mill Valley
Ener Feldman.M.I,b.F
icon Ferguson,San Frarxrs<o PCL is contemplating going to the voters with a relatively simple initiative.
Scon Fleming.Bertclec
Carlyle Hall,Los Angeles First, it would appropriate the money which comes from oil leases on state
Jane Hall.Laguna Beach
,ohn Hobbs-San D., lands (largely in the ocean off Long Beach and other parts of Southern .
Mmh.1 Jacobs.Santa C.,
Richard Jacobs.San France California) to create an environmental "heritage endowment fund". The fund
Doug Lennie.Ala ncda J
Peggy M—mger.Modcao would be used to protect natural lands threatened by developments provide
Donald Murphy,El Dorado Hills
RadpitP-^, Los"°ge1� '
D—,Rice.Tiburon recreational opportunities for at-risk youth, and fund the state conservancies,
Denis
To.So RoSant, .San Franmuo the Wildlife Conservation Board, and other similar agencies. These funds
Tom Sao.Sane Monica
Dan Sullivan.San Francruo
An Tones,Los Angeles could also be used to maintain the property acquired.
John Van de Kamp.Los Angeles
1.W`l1am Yeues.Sacnmemo
Nick Yost,San Francisco Second, the initiative would enact a bill that has been carried for three years
ASSOCIATE MEMBERS AFSCME LOCAL:S.TB by Senator Jack O'Connell (this year known as SB 87). The bill would allow
ALAMEDA CONTRA COSTA
REGIONAL PARKS FOUNDATION landowners to donate their land to state or local agencies that want it for
CALIFORNIA OAK FOUNDATION
CALIFORNIA ROADSIDE COUNCIL conservation or preservation purposes. They would receive a tax credit for
CITIZENS FOR A BETTER ENVIRONMENT
FRIENDS OF THE RIVER their donation. While O'Connell's bill required legislative appropriations, the
SAVE MOUNT DIABLO
SANCTUARY FOREST
TAMALPAIS CONSERVATION CLUB
I
926 J Street,Room 612,Sacramento,CA 95814 916-444-8726 FAX 916-448-1789
initiative would set aside a fixed amount of tax credits each year, perhaps
enough to protect one hundred million dollars worth of land each year.
The proposed initiative, which would appear on the November, 1998 ballot,
would be filed late this summer. It would include a number of specific
regional projects to give it some definition and local support, but would
provide the vast majority of funds to categories of expenditure. A list of
possible regional projects and categories of expenditure is enclosed.
We would like you to attend a meeting in your area in the coming weeks to
discuss this idea further. We would like your suggestions and ideas with
respect to the two funding sources, as well as the list of possible regional
projects and funding categories.
We want to know whether your organization would be likely to support this
measure, work on its behalf, collect some of the necessary 700,000+
signatures, and gain endorsements. We would also like to bring you up to
date regarding possible funding sources and related issues in Sacramento.
We have enclosed a modest amount of background material on this proposed
measure. Feel free to call either of us with any technical or general
questions.
Finally, please let us know if you or a representative of your group can attend
the meeting in your area. Please feel fi-ee to attend as many meetings as you
wish.
We look forward to seeing you at one of the meetings, and to working with
you once again to protect the best of California.
Sincerely,
Gerald H. Meral Steve Jacoby
Executive Director Grassroots Coordinator
2
What one simple thing your organization could do to:
Protect and enhance California's beaches, streams, drinking
water supplies, farms, forests and wildlife,
Preserve California's land base for parks, wildlife habitat
and agricultural uses,
Provide for a long-term funding source for operations and
maintenance of these Heritage Lands,
Create recreation programs for at-risk youth in urban areas,
And generally improve the quality of life in your
community and throughout the state?
To find out, you need to attend one of the Regional Meetings listed below to learn about a
new initiative proposed by the Planning and Conservation League. These meetings are
being held with local groups to allow PCL to explain how this initiative, which may be
on the November 1998 ballot, could benefit your organization and your community.
Please plan to attend.
East Bay Area—6/19/97, 10 am, Offices of the California Oak Foundation, Oakland
North Bay Area—6/20/97, 9 am, Offices of Marin Conservation League, San Rafael
South Bay Area—6/20/97, 2 pm, Offices of Midpeninsula Regional Open Space Dist.,
Los Altos
Ventura/L.A. —6/23/97, 6 pm, Meeting room at Dept. of Power& Water, People for
Parks, L.A.
Riverside/San Bernardino- 6/23/97, 10 am, Fairmont Park, the Boathouse, City of
Riverside, Parks Dept.
Orange County—6/24/97, 6 pm, Irvine Co. Water Dist., Contact Laguna Canyon
Foundation, Laguna Beach
San Diego—6/24/97, 10 am, Offices of People for Trees, San Diego
Fresno/Bakersfield —6/27/97, 1 pm, Offices of the SJ River Parkway Trust, Fresno
Sacramento/Chico — 7/l/97, 10 am, Conf. Rm. of the Planning and Conservation
League, Sacramento
San Luis Obispo/Santa Barbara— 7/7/97, 9 am, Betteravia Govt. Ctr, Santa Maria, The
Land Trust of Santa Barbara in Santa Barbara
Monterey—7/7/97, 3 pm, Garland Park, Carmel Valley, Monterey Peninsula Regional
Park Dist.
Directions to the various meeting locations on reverse side.
Directions to meeting locations:
California Oak Foundation
1212 Broadway Ste. 810 People for Trees
Oakland, CA 743 Imperial Ave.
Between 12'h & 13`" Sts. on Broadway San
Between Diego, CA
across from the Clorox Bldg. 8 Ave. and Imperial Ave. in Downtown
(510) 763-02$2 SD, across Harbor Dr. from the new
Conv. Ctr.
Marin Conservation League (619) 234-8733
55 Mitchell Blvd. #21
San Rafael, Blvd.
San Joaquin River Parkway Trust
Smith Ranch Rd. exit off of 101 Shaw Ave. Ste. 114
East to Redwood Blvd. Frontage Frreses no, CA
South to Mitchell Blvd. North side of Shaw Ave.just east of
(415) 472-6170 Sixth St.. Next to Carrows restaurant.
(209) 248-8480
Midpeninsula Regional Open Space
Planning and Conservation League
District
Dis ric 926 J St. Second Floor Meeting Room
tel Circle
Los Altos, CA Sacramento, CA
Between 280 and 101, off the El Downtown on the south side of J St.
Camino, 2 blocks north of Rengstorff between 9`" and 10`", across from Plaza
Ave. (415) 691-1200 Park. (916) 444-8726 ext. 6
Department of Water and Power
111 N. Hope St. Betteravia Govt. Center,
Los Angeles, CA 511 E. Lakeside Parkway
On Hope St. between First and Temple, Santa Maria, CA
east of Harbor Freeway. Use Temple St. Take Betteravia exit, go west. Down
exits from freeways. Betteravia to first left turn lane before
exits from
freeways.
signal,turn left into complex, take next
left. The one story building in front of
Fairmont Park, the Boathouse you. (805) 966-4520
Riverside, CA
Take 60 freeway. Get off on Market. Go Garland Park
south on Market. Turn right at the 700 W. Carmel Valley Rd.
second entrance to Fairmont Park with Carmel Valley, CA
the old locomotive. Use the parking lot. 8.6 miles east of Hwy. 1, look for sign.
(Free parking) Follow signs to the Cross the green bridge to the Old Ranch
Boathouse. (909) 715-3449, ask for House. (408) 659-4488
Dean or Victoria.
Irvine Ranch Water District
15600 Sand Canyon Ave.
Irvine, CA
Exit the 405 Freeway or the 5 Freeway
at Sand Canyon.
(714) 497-8324
POSSIBLE PARK AND WILDLIFE INITIATIVE
BACKGROUND INFORMATION
There has been no new source of state funds for land conservation or related park, wildlife and
recreation purposes created since 1990. No state park bond act has passed since 1988. State
funds for these purposes are virtually exhausted, except for$30 million a year spent from the
Habitat Conservation Fund. This is a far cry from the nearly wo billion dollars approved in park
bond acts in the 1980's.
Polling indicates that voters strongly support some kind of funding measure for parks,at risk
youth programs, and natural and agricultural land preservation.
Assuming we proceed with some sort of funding initiative, we are considering an alternative
approach from what we used in Proposition 180 (the CALPAW 1994 bond act initiative).
Instead of including several hundred large, medium and very small projects, our current thought
is to go back to the successful Proposition 70 model, which only included large regional projects
and substantial funding for agency programs. By including more discretionary money for
agencies and programs. small projects would be funded on a competitive basis. If you have ideas
about large, regional projects that could be included in the initiative. or about programs that might
be included, please let us kno\y.
THE LEGISLATURE AS A SOURCE OF FUNDS
The Planning and Conservation is supporting the various park and wildlife bond acts in the
Legislature, but bond acts normally are not acted on by the Legislature until the year of the
election, so legislative action in not likely to occur before eye have to make a decision to proceed
with an initiative.
We are looking at a November 1998 initiative. since it is too late to do one in June of that year,
and polling looks more positive for Noy ember. We have been putting together the concept of the
initiative this spring, and will be working out the text during the summer, and filing it late in the
summer. Signature gathering Would start this fall.
FUNDING SOURCES
TAX CREDITS. The public is extraordinarily supportive of the idea of giving state tax credits
to landowners that donate land to state and local agencies for environmental purposes. This is the
concept behind SB 87 (O'Connell) which is presently moving through the Legislature, but which
IS not supported by the Governor. It Would be easy to turn this bill into an initiative, and it would
fit well with the use of the state tideland oil revenues. which is discussed in the nest section.
STATE OIL DRILLING REVENUES Another funding source received high levels of
approval from the public. The public strongly supports the idea of using the revenue from oil
drilling on state lands to protect the environment. Additional polling has been done to determine
which types of expenditures would be most appropriate for this type of funding source. Many of
the traditional park bond act purposes (habitat protection to protect drinking water quality, park
and wildlife land acquisition. park restoration. at-risk \oi►th programs. coastal protection) appear
to be acceptable purposes.
- l -
There is a great tradition of using rcvc1lLIC from oil drilling ICISCS on public land for
environmental purposes. The federal Land and Water Conservation Fund Is derived from this
type of revenue. The state Energy and Resources Fund once received revenue from the state
tidelands oil sales.
HISTORY OF USES OF TIDELANDS OIL DRILLING REVENUES
In addition to the uses described above. at one time revenue from tideland oil drilling leases went
to the University of California capital outla\ program (Capital Outlay Fund for Higher
Education), the California Water Fund (tile State Water Pro.ject), and the Energy and Resources
Fund, For the last several vears (since the recession). the Legislature has diverted the funds to the
general fund, except for the State Lands Commission administration and the Sea Grant program.
Higher education now relies on bond acts for its capital Outlay needs, and the tidelands oil
revenues would be hopelessly Inadequate to meet their needs. The State Water Project no longer
needs any tidelands oil revenues, and there has not been an allocation to the Energy and
Resources Fund for many years. For a few years some funds were put into housing projects.
This year the Governor has proposed to permanently place all tidelands oil revenue into the
general fund.
HOW WE'D LIKE TO PROCEED
Since the idea Of using the Oil and tax credit mechanisms is relatively ilc\\. \\c are immediately
beginning to draft Initiative text. We \\III ask for help from those experienced In using these
funding sources, and prepare a draft text that can be distributed relatively soon for technical
comment.
Over the next few months we will also be speaking with people about large, regional projects
which might be included in an initiative. and to agencies about Which programs Could be
included. We NVOLIld like to discuss these projects It Our meeting
TIMELINE AND BUDGET
The initiative Would have be drafted b\ the end of this Summer, and ideally filed with the
Attorney General for Title and Summary by August 25". Signature gathering Would take place
from October through March of next year.
Gathering the signatures and running the campaign Would cost about $I million. To do an
adequate direct mail, radio and television campaign would cost an additional $4 million. This is
more than we spent last time. but we did not do any radio or television.
For additional information. contact Jerry Mural or Steve Jacoby at the Planning and Conservation
League, 926 J Street. 46 12. Sacramento. CA 9-58 14. E-mail hllcral!<r pc...grg. or call 916-444-
8726 extension 5 (Jerrv). or extension 128 (Steve). or fax to 916-448-1789.
2 -
Examples of programs which could be included in the Park and Wildlife Initiative for
annual funding, once the initial projects are funded.
(1) Sea Grant program
(2) competitive grants for environmental education emphasizing watershed protection .
(3) programs to improve drinking water supplies by protecting and restoring watersheds.
(4) acquisition and maintenance of old growth redwoods, and related lands
(5) local programs benefiting at-risk youth and aiding in gang prevention efforts,.
(6) local programs to improve the safety of neighborhood parks
(7) local conservation corps to employ at risk youth in conservation work.
(8) acquire and maintain new units of the California State Park System.
(9) competitive grant program for trail construction.
(10) competitive program for the preservation of archaeological resources.
(11) stewardship of natural resources in the State Park System.
(12) Snopark program
(13) enforce wildlife protection laws for marine and intertidal plants and animals
(14) enhance natural reproduction of native salmon, steelhead and trout.
(15) Coastal Conservancy, to protect natural coastal areas..
(16) maintain access trails and other accessways to the Coast.
(17) Santa Monica Mountains Conservancy programs.
(18) San Joaquin River Parkway acquisition and maintenance.
(19) Coachella Valley Mountains Conservancy programs.
(20) Wildlife Conservation Board wildlife protection and waterway access.
(21) River Parkway Program.
(22) Habitat Conservation Plan funding.
(23) California Tahoe Conservancy Programs.
(24) Agricultural Land Stewardship Program.
(25) State Lands Commission: natural lands, Kapiloff Land Bank, Safety programs
(26) Urban Streams Program.
(27) Urban Forestry Program
Total funding for all these programs would initially be about $50 million a year,
depending on revenue from oil leases.
Examples of Regional Projects which could be included in the Parks and Wildlife
Initiative
Projects of this type would receive first priority for funding from the state tidelands oil
lease revenues. They would be listed for a specific amount in the initiative. After they
were completed, the categories listed on the reverse side would receive the oil lease
revenues. This would begin in the jrd funding year, and increase thereafter.
Southern California Outside Los Angeles
Habitat lands in Southern California Habitat Conservation Planning Area
Laguna Greenbelt
Norco Hills, Western Riverside County Habitat Area
Indian Palm Canyon Park
Chino Agricultural Preserve
Los Angeles County
Palo Verde Peninsula
Hollywood Bowl
LA Natural History Museum
Museum of Science and Industry
Various lands in the Santa Monica Mountains
Central Valley
Kern River Parkway
San Joaquin River Parkway
South Fork of the American River
Redding Museum
Kern County Habitat Lands
Bay Area
California Academy of Sciences
Point Reyes and Golden Gate National Recreation Land Protection
Mount Diablo State Park Expansion
San Mateo Coast
East Bay Parks
Big Basin and Castle Rock State Park
San Mateo and Santa Clara County Open Space Lands
Coastal Areas
Big Sur (Rancho San Carlos, Mont. Seashore)
Coast Dairies, Northern Santa Cruz County
Sanctuary Forest , Mendocino County
i
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Muriel King 2 p
3155 Drywood Ln• c - _
San Jose,CA 95132 112
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F.Yl- . N Ica toe
Homeward Reflection Welcome New Members!
My parents live on Monte Sano, a small mountain large hill on what Daniel Fulmer
used to be the outskirts of Huntsville, Alabama. I say "used to be" Jackie Inskip
because the city has grown a lot since we moved up there back when
I was in 8th grade. There are two roads that get up to the small community Judy Laird
on Monte Sano, the front and the back way. Coming up the front is quicker,
most of the drive being a four-lane highway, with a short, twisty two-lane John Meure
leading to the top. The back way is a longer, yet more scenic, drive.
Needless to say, I enjoy going up the back way while I'm visiting Therese Ryan
my folks.
Red Fendelton
Most of my recent visits "back home" have been in the wintertime, Mark Wales
so my freshest memories of the back way are of
bare, gray trees, with a thick layer of fading, brown leaves
covering the ground. The occasional small waterfall
(waterstumble? they're usually no more than a foot or two high) �00
is frozen, or slowly melting, with drops of water falling
from shrinking icicles. It's a quiet, beautiful landscape. D
About halfway up the back way is a small parking lot for people
who wish to hike the trails in the Open Space Trust (OST) land. I've
hiked and biked a few trails in there, and enjoyed it. However,
I often have mixed feelings when I drive past that parking lot.
On one hand, I like knowing that the land has been preserved
and is there for people to enjoy. On the other hand, I'm Thank you for
saddened because I remember when it didn't need to be preserved Continuing
- it just was there. Memberships...
The front side fared a different fate - while I was off at college, Thomas Beckett
houses started to dot the hillsides there. I remembered the Betsy Cory
"Save Our Slopes" bumper stickers that we and our neighbors had Michelle Covell
Dalisa Family
on our cars while I was in high school, but it had felt too abstract Tom Dargan
back then. I hadn't fully understood what might happen. After Deziel Family
college, I realized something had been lost there on Monte Sano. Arnel Guanlao
Gustayson Family
I guess that's one reason I enjoy the rich variety and abundance of Beez Jones
open space that we here in the Bay Area are blessed with. Michael Kalmanash
I sometimes reflect on Monte Sano while mountain biking through Austin Sanford
Len Shustek
Fremont Older or Saratoga Gap, or while hiking up Windy Hill Cheryl.Smith
or in Montebello. I really appreciate the Anne Turner
foresight of the people who helped preserve Edward White
the land and the opportunities they've given Kevin Wilkinson
me and others to "be out there" so close to
home.
`U `ALe, v� — Scott Heeschen
Page 3
F-355 T-250 F-0021'003 JUN 06 -9-1 15:09
M.ANNING APO P(-11Nq;*V.%nl7N t.Y AG l qo G A 1. 1 F 0 ,'V I A '
May 30, 1997
The Honorable Bill Lockyer
Senate President Pro Tempore
State Capitol Building
Sacramento, CA 95814
RE- TIDELANDS OIL REVENUES: Natural Resources Infrastructure Fund
1997-98 Budget
Dear Senator Lockyer�
We would like to thank you for the Senate's action in dedicating the state's tidelands oil revenues to
environmental protection purposes. We strongly support the establishment of the Natural Resources
It frastructure Fund as proposed in the Senate Budget Bill.
California's environment suffered during the recent recession as funding to acquire key natural areas
declined by more than 80%, budgets for key agencies like the Coastal Commission were reduced,
and environmental special funds(eg. Public Resources Account, Environmental License Plate Fund,
others)were diverted to backfill general fund cuts in key environmental agencies. The cutbacks have
made it increasingly difficult to protect California's environment.
The state's improving economy provides the Legislature with a critical opportunity to reinvest in
California's em ironment. Investing tidelands oil revenues to protect California's environment is
especially appropriate because these revenues are derived from the extraction of a non-renewable
natural resource. This action would be consistent with the federal government's precedent of
investing oil revenues in the federal Land and Water Conservation Fund.
We are very pleased that the Senate Budget Bill dedicates the tidelands oil revenues to resource
programs through the establishment of the Natural Resources Infrastructure Fund(AWF-- Fund
4 383). While we do not necessarily endorse each proposed use of the NRIF, we strongly urge you
to continue to make the establishment of the NRIF a priority during the Budget Conference
Committee negotiations_
Again, thank you for your leadership on this important budget issue.
Si
ncerely,
Bill Craven Gerald H. Meral, Ph.D. Sam Schuchat
Sierra Club Planning and Conservation League California League of
Conservation Voters
F-355 T-2'50 P-003%003 JUN 06 '97 15:10
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Cor" wn ill Dempsey ave Koehler
Trust for Public Land Nature Conservancy San Joaquin River Parkway
and Conservation Trust
John McCaull L nn Sadler Kan Smith
.?4ational Audubon Society Mountain Lion Foundation Greenbelt Alliance
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erl rausen Dan Silver avid�K=4
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Sempervirens Fund Endan;ered Habitats League Sonoma Land Trust
oc elle anon Tina Batt Ray elknap
League to Save Lake Tahoe Martinez Regional Land Trust Land Conservancy of
San Luis Obispo County
ee e•f ider ` Audrey R J hn Woodbury
Frier so
he Rivcr Peninsula Open Space Trust Bay Area Open
Space Council
Senate-News-Reply@S :46 PM 6/5/97 Message bill sb 1048
From: Senate-News-Reply@SEN. CA.GOV
Date : Thu, 05 Jun 1997 12 : 46 : 28 -0700 (PDT)
Subject : Message on bill sb_1048 :
billroot : [current . sb. froml000 . sb1048] svfloor3 . txt
To : Recipients@proxy2 .ba.best . com, of@proxy2 .ba.best . com,
bill@proxy2 .ba.best . com, sb-1048@proxy2 .ba .best . com,
messages@proxy2 .ba .best . com
Comments : Info News Distribution v2 . 4-3/950226-jms
VOTES - ROLL CALL
MEASURE: SB 1048
AUTHOR: Sher
TOPIC: Coastal conservancy: San Francisco Bay Area Conservancy
Program.
DATE : 06/04/97
LOCATION: SEN. FLOOR
MOTION: SENATE THIRD READING SB 1048 SHER
(AYES 23 . NOES 8 . ) (PASS)
AYES
Alpert Burton Calderon Dills
Hayden Hughes Johnston Karnette
Kopp Lee Lockyer McPherson
O ' Connell Peace Polanco Rainey
Rosenthal Schiff Sher Solis
Thompson Vasconcellos Watson
NOES
Brulte Hurtt Johannessen Kelley
Knight Leslie Mountjoy Wright
ABSENT, ABSTAINING, OR NOT VOTING
Ayala Costa Craven Greene
Haynes Johnson Lewis Maddy
Monteith
Printed for Malcolm Smith <mrosd@openspace.org> 1
(Placed in the Board's FYI packet at the request of Director Srnernoft)
May 29, 1997
Dear Friends:
I wanted to provide a quick update on our Maxxam shareholder campaign while the annual
shareholder meeting is still fresh.
In the two and a half weeks before the meeting, we contacted every Maxxam shareholder by mail,
providing each and every one of them with an outline of the Company's financial problems related to
Headwaters Forest and to Mr. Hurwitz' recently found self-dealing (by a Delaware Court). We then
followed up by phoning every shareholder with more than 1,000 shares.
Our calls elicited a high level of shareholder concern about their investment in Maxxam: long term
stockholders wanted to know why the Company hasn't paid a dividend in more than a decade; other
stockholders were shocked to learn the company paid more than a million dollars in opponents'
attorney fees (without taking into account the company's own fees and costs) fighting, and losing,
the Owl Creek case all the way to the Supreme Court; others were concerned about Hurwitz' self
dealing and his penchant for treating this publicly traded corporation like his own private company.
Most important, it was clear from Our conversations that during the weeks before the meeting, some
of Maxxam's largest institutional shareholders were calling the company and grilling management
about issues raised in our materials.
From the outset, this year's annual meeting was no ordinary meeting for Maxxam. Over 60 people
braved the tight security to attend, compared with 30 or so last year. Thirteen shareholders came or
sent representatives for the specific purpose Of Supporting our shareholder proposal and independent
director slate.
Interestingly, the only shareholder/representative who attended to speak against the proposal called
on Maxxam to sell the entire Pacific Lumber Company-- not just 60,000 acres. He was an analyst
employed by one of Maxxam's largest shareholders.
The California State Teachers' Retirement System voted for the resolution, as did the Pennsylvania
Teachers Retirement Fund, the New Jersey Office of the Treasurer and more than a thousand other
shareholders.
In addition to Rose Foundation representatives, we fielded a contingent that included: an Ohio
Public Employees' Retirement System member; a California Public Employees' Retirement System
member; Sister Pat Daly from New Jersey, who is the director of tile Tri-state Coalition for
Responsible Investing; Rabbi Arthur Waskow from Philadelphia who likened Hurwitz to Pharaoh,
cautioning Hurwitz not to harden his heart and bring down environmental disaster on his people and
country; one of our director nominees, former California deputy insurance commissioner Richard
Baum; and Sister Barbara Ayres, a local Houston Catholic advocate of responsible investing. All but
one addressed the meeting, some more than once.
There were other shareholders who spoke in favor of the resolution as well. Three
shareholders/representatives attended on behalf of Taxpayers for Headwaters. Darryl Cherney, of
Earth First!, announced his intention to take over the company armed with five shares he has been
secretly accumulating.
All of the pre-meeting activity attracted the attention of a number of large shareholders who sent
representatives to the meeting to find out what the heck was going on. Two completely unaffiliated
small shareholders traveled from Louisiana to attend the meeting; one spoke, saying she agreed with
both sides.
To our knowledge, this is the first time that Maxxam has ever faced any kind of concerted
shareholder rebellion. While management did everything it Could within the bounds of SEC
regulations to limit shareholder dissent(and possibly a few things that crossed over the line), the
Company was forced to respond to us and to treat our concerns with a level of respect never shown
before. For the first time in its history, the company had to address its Headwaters Forest problems
and the debt-for-nature solution, at its annual meeting, in full view of its shareholders, God, the
press, and anyone else who might be interested.
On a broader scale, the resolution forced public employee pension funds throughout the Country to
begin addressing environmental issues in a new way. In response, the New York State Common
Retirement Fund is considering developing a policy for dealing with environmental issues connected
with their investments.
The tabulated results show that Our "Willing Seller" resolution received nearly 5% of ALL
shareholder VOTES against Maxxam management including those "for" the resolution and those
that "abstained." This actually amounts to 20%of the number of SHAREHOLDERS who voted.
(3% is the benchmark for "Successful" minority shareholder resolutions that have the potential for
changing company policy.) Approximately 9%of the common stock shares were voted against
Maxxam's two board candidates (incumbents) who were run on the "dissident directors" slate.
As always, thanks for your interest and Support.
Sincerely,
Jill Ratner, President
Rose Foundation for Communities and the Environment
Regional Open ice
J
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Malcolm Smith
May 30, 1997 MROSD Public Affairs Manager
(415)691-1200
Rich Davies
Silicon Valley Defense/Space Consortium
(408) 327-0439
MEDIA ADVISORY----DATED MATERIAL
CONTROLLED BURN SCHEDULED ON OPEN SPACE DISTRICT LANDS
Los Altos, CA -- A special demonstration controlled burn Is scheduled for June 4 and 5 on Midpeninsula
Regional Open Space District lands, in cooperation with the Santa Clara County Fire Department and the Silicon Valley
Defense/Space Consortium. This demonstration burn, known as Project WILDFIRE, will exhibit how emerging defense
technologies could be utilized for f►ghting wildlaild fires. The effort demonstrates the potential non-military re-use of
011iAlka Air Station (scheduled for closure or conversion) III Sunnyvale. It Will Include use of NASA research aircraft
and satellite systems to monitor the controlled burn and tracking of firef►ghters and equipment.
The Project WILDFIRE denionstratl6n includes the phased burning of a small grassland area approximately 6
acres in size, in a section of the Sierra AZLII Open Space Preserve South of the Town of Los Gatos. This particular area of
the preserve does not have public access. On-site fire equipment and ample existing water at the location will ensure that
the burn Is controlled. As the burn occurs, satellites and aircraft will be used to test advanced tracking, remote sensing,
and communications technologies. The result will demonstrate the eilori-nOLls benefits to be gained by integrating defense,
civil, and commercial communications/information technologies to provide operational resources to wildland firefighters
in the field. As a side benefit to the District, the burn will result in a reduction of fuel load and Subsequent reduction ILL
fire danger later in the season, and will provide District staff with ►dditional firefighting training.
The Silicon Valley Defense/Space Consortium Is working to establish a new federal operation, the Western
Disaster Centel-. Project WILDFIRE is a collaborative effort of the Coilsort[Lllll With the Council on Civil and
Commercial Space, the cities Of Mountain View, Palo Alto, San Jose, Santa Clara, and Sunnyvale, in association with the
Santa Clara County Fire Department, NASA Allies Research Centel-, the U.S. Air Force, Moffett Federal Airfield, the
California Department of Transportation, the California Trade and Commerce Agency, and the California Department of
Fire and Forestry.
The MidpeilillSLIla Regional Open Space District, extending from the City ot'San Carlos to the Town of Los Gatos,
is a public agency which has preserved over 41,000 acres of diverse open space and manages 23 open space preserves.
(more)
330 Distel Circle * Los Altos, CA 94022-1404 1 Phone:415-691-1200
FAX:415-691-0485 0 E-mail: mrosd@openspace.org # Web site:www.openspace.org
Board ol'Oirectors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Srnernoff, Nonette Hanko, Betsy Crowder, Kenneth C.Nitz- Gener,dlvlanager:L.Craip Britton
District 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 p.m., at the District
offices.
Regional Open *ce
..............................................
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: June 25, 1997
SUBJECT: FYI
330 Distel Circle 0 Los Altos, CA 94022-1404 0 Phone:415-691-1200
FAX:415-691-0485 a E-mail: mrosd@openspace.org I Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz* General Manager:L.Craig Britton
Regional Open 5 ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
June 25. 1997
To: J. Escobar, Operations Manager
From: J. Isaacs. Resource Management Specialist
Re: Coyote live-trapping for the sampling of plague and Cat Scratch Disease agent
t,
(Bartonella henelae).
There has been concern regarding the coyote live-trapping efforts on Monte Bello Open
Space preserve. I would like to reiterate that this live-trapping effort is a part of a regional
effort to collect blood samples for the purpose of testing the animals for both plague and
Cat Scratch Disease agent (Bartonella henelae).
The live-trapping is being conducted by Santa Clara Vector Control under a yearly permit
issued to them in January by the District. Vector Control followed the permit
requirements by informing David Sanquinetti and I of the dates, duration and location of
trapping efforts. Knowing Vector control would be at the sites every morning and
evening, and that the traps would be set off to the sides of trails and that coyotes are less
active during the day, I gave Vector Control a verbal OK to leave the traps in the location
during the day with the condition that rangers check the traps throughout the day.
There was a coyote caught on June 24. 1997 on Canyon Trail. District Ranger, L. Hyman
found the coyote about 12:00pm during a periodic check of the traps and contacted
Vector Control who responded and released the animal within approximately two hours.
Some staff members expressed concern that the extended time the animal spent in the trap
was inhumane. However, when released after a blood sample was taken, the animal ran
showing no signs of stress from the incident. The Coyote was a two year old non-
lactating Beta female (Beta females usually do not breed).
If this is still a concern, I would recommend to amend the permit to specify that Vector
Control staff would be within 30 minutes response time of the trapping area and be
responsible for someone checking the traps every few hours when traps are on the
preserve during the day.
The District plays an instrumental role in gaining information on plague and the Cat
Scratch Disease agent. It is important that this program continue to contribute knowledge
about the health of native wildlife within our region.
330 Distel Circle 0 Los Altos, CA 94022-1404 * Phone:415-691-1200
FAX:415-691-0485 0 E-mail: mrosd@openspace.org # Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz* General Manager:L.Craig Britton
Regional Open - ce
-----------------
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 24, 1997
Honorable Antonio Villaraigosa
Member, California State Assembly
State Capitol
Sacramento, CA 95814
Subject: Support for AB 1055
Dear Assemblyman Villaraigosa:
I am writing to inform you of the Midpeninsula Regional Open Space District's
support for your legislation, AB 1055.
While the District's mission is acquisition and management of rural, undeveloped
open space land, we recognize the need for a suitable funding mechanism directed to meet
health and safety standards for playground equipment and facilities in our communities.
Your bill's requirement that grant-funded upgrades of equipment must include 50 percent
recycled materials is very important from an overall environmental perspective, and an
element which we wholeheartedly support.
The District is committed to maintaining and improving the quality of life for its
constituents here in the San Francisco Peninsula. We believe that providing the public with
opportunities for low-intensity recreational use in "unimproved" open space areas is crucial
to this quality of life. We also believe it's equally important for the cities, counties, and
other agencies to provide for more traditional recreational activities, and that these
activities should be safe for our children. Your legislation will help to ensure the safety of
playgrounds throughout the state, and we applaud this goal.
Please feel free to use the District's name on your list of supporters for AB 1055. I
would be happy to discuss our position with you or your staff at any time.
incer ,
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• Genera!Manager:L.Craig Britton
Regional Open S, .ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 24. 1997
This letter also mailed to:
Honorable Jim Cunneen Honorable Ted Lempert
Member, California State Assembly Honorable Byron Sher
State Capitol, Room 2174
Sacramento, CA 94249-0001
Subject: Support for AB 1055
Dear Assemblyman Cunneen:
I am writinc, to urge your support of AB 1055 (Villaraigosa), a bill to provide a
grant-funding mechanism directed to meet health and safety standards for playground
equipment and facilities.
While the District's focus is on rural, undeveloped open space land conservation.
we of course recoonize the need for safety standards for playground equipment and
facilities throughout our communities. In addition, this bill requires that grant-funded
C�
upgrades of equipment must include 50 percent recycled materials, which is an element the
I
District wholeheartedly supports from a purely environmental perspective.
The District is committed to maintaining and improving the quality of life for its
constituents here in the San Francisco Peninsula. We believe that providing the public with
opportunities for low-intensity recreational use in"unimproved" open space areas is crucial
to this quality of life. We also believe it's equally important for the cities, counties, and
other agencies to provide for more traditional recreational activities, and that these
activities should be safe for our children. AB 1055 will help to ensure the safety of
playgrounds throughout the state, and we applaud this goal.
I urge you to support AB 1055 when it comes before you in the Assembly.
ince ly,
L. raig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
Honorable Antonio Villaraigosa
330 Distel Circle * Los Altos, CA 94022-1404 0 Phone:415-691-1200
FAX:415-691-0485* E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board or Directors:Pete Siemens,Mary C. Davey,Jed Cvr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz- General,Manager:L.Craig Britton
Regional Open ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Memorandum
Jum 18, 1997
To: C. Britton, General Manager
From: J. McCullough, Open Space Planner
Re: Rancho San Antonio Use and Management Plan
At their February 26, 1997, the Board of Directors adopted the following amendment to the
Windmill Pasture Area of Rancho San Antonio Use and Management Plan:
Once the sheriffs department is given jurisdiction to enforce parking regulations (on
Rhus Ridge Road), provide a temporary overflow parking area in the clearing beyond
the caretaker trailer by mowing and installing log barriers on one side of the clearing
(for seasonal use only).
Since the adoption of this amendment, the Rhus Ridge Road neighbors have decided that they
are not interested in having Rhus Ridge Road subject to sheriff s jurisdiction. They have
withdrawn their request of the Town to consider their proposal, partly due to the fact that this
would enable the District to install the overflow parking area. District staff also feels that the
parking improvements have eliminated the blocking of emergency access and therefore,
sheriffs jurisdiction is unnecessary.
As a result, I wanted to inforrn you that the overflow parking area is on hold, since
installation of the temporary overflow parking area is linked to sheriffs jurisdiction of the
road.
This will most likely result in vehicles parking at the beginning of Rhus, Ridge Road and
along Moody Road on heavy visitation days. Visitors will then use the Town trail along
Rhus Ridge Road to access the preserve. Staff believes that this solution is the best available
at this time given the many constraints inherent to the area.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cvr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• CeneralManager:L.Craig Britton
>
4C
NEEL
June 17, 1997
Craig Britton
General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Craig,
The Board and staff present at our February 27 Trails Workshop wish to commend
you for an excellent presentation. It was an informative and concise history of the
relationship of our two organizations and gave us a good understanding of
MROSD's proposed collaboration with Hidden Villa. While your organization
made a compelling proposal and we are certainly sympathetic to your problem of
providing public parking in this region, we regret to inform you that the Board has
been unable to reconcile your request with our organization's needs.
There are two main areas of difficulty: one is a preservation issue and one is
programmatic.
Preservation Issue
Hidden Villa is a farm and wilderness preserve that dates back to the 1920's and the
lives and philosophy of Josephine and Frank Duveneck. It is this sense of history
that makes Hidden Villa a special place to visit, that makes it distinctive from other
parks and farms in the area. To preserve our connection to the lives and vision of
the Duvenecks, we struggle to retain the "old farm" character of the property while
at the same time meeting the demands of the educational programs they began.
Currently we provide parking for over 100 vehicles, a level that has been
determined unanimously by the Board and staff to be adequate for all our needs —
for both program participants and visitors to the farm and trails. Parking is
restricted to three designated areas of the farm (a Visitors Welcome Center lot, a
program lot near the hostel, and a staff parking area out of sight behind the
corporation yard at the end of the valley) to reduce their visual impact upon
visitors. The area nearest to Moody Road is intended only for pick up of produce
and-WoeFiie s of the agricultural program and is not a parking lot. The picnic
I-J
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41Ef LA6 DDEN V1 L;
2.
ground is used as parking only once or twice a year for special events. Our Entry
Master Plan calls for the planting of trees to screen the picnic area so that it is not
mistaken for parking, as sometimes happens. It is our intent to preserve the
"rustic" appearance of our entrance as much as possible, and we are unable to
identify a location for a new lot that would not be in conflict with this goal.
Program Issues
Our summer camp and environmental education programs are the core of Hidden
Villa's mission. it is through these programs, which currently draw close to 20,000
youth and adults to the farm each year, that our mission of teaching children to
become respectful caretakers of the earth and each other is most fully realized.
The trails and wilderness of Hidden Villa are our classroom. These trails were not
designed for recreational use, but instead, for minimal impact on the wilderness.
Compared to trails elsewhere they are narrow, some less than two feet wide, and
rustic hiking trails. They are intended to disturb the land as little as possible.
Although we have recently added switchbacks to accommodate small children and
older people, some of the trails are still quite steep. The trails are best suited for quiet
contemplation of nature. The experience of the undisturbed solitude of the
wilderness is not a luxury for our programs, it is an essential part of them. For
many of the city children that attend our programs, the tranquillity of Hidden Villa
provides a deeply profound experience, establishing for them a new connection to
the natural world.
Thus, we are continually faced with the difficult task of balancing our desire to be a
welcoming place to casual visitors with the impact that those visitors have on our
educational programs. As part of our strategic planning, the Board and staff
emphasized that it is important to avoid overcrowding and overuse of the land and
unanimously agreed not to increase the capacity of our programs in the next five
years despite increasing demand. However, limiting program use of the land is only
a partial solution, as the numbers of non-program visitors has been increasing.
Unfortunately, we do not believe that it is possible to separate the issues of access
and parking availability. If there are more trails, more parking will be desired. If
there is.-more parking, more people will be using the trails — and be using the trails
when Hidden Villa is closed. Limited parking availability serves as one regulator of
visitor access.
Hidden Villa Trustees and staff are extraordinarily mindful of our charge to
preserve the wilderness while at the same time offering a unique outdoor
experience to thousands of children, youth and adults each year. Although it is
difficult to turn down the many requests we get for additional access, particularly
0
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I'D`DEN VIULN - '
3.
when they have a component of meeting the needs of underserved segments of the
community, we, in good conscience, must do so. After receiving the letter to the
Hidden Villa Trustees from Directors Mary Davey, Betsy Crowder and David
Smernoff dated April 9, 1997, the Board re-opened discussion of your request, but
remains unable to reconcile what we see as our responsibility to protect and support
Hidden Villa with your proposal. We do hope that you can understand our
position, even though it does not help you solve your Rhus Ridge parking problem.
We recognize that Hidden Villa owes a great deal to MROSD, and we are very
grateful for all that you do for us. We look forward to maintaining the productive
and congenial relationship we have with the District, and would be happy to work
with you in advocating for public transportation along Moody Road and for
ticketing for on-road parking. Please call me with any questions or further
clarification of any of the factors comprising our decision.
Sincerely,
V�_
Ju th Steiner
Executive Director
949-8654
cc: Mary Davey
Betsy Crowder
David Smernoff
Jeff Peterson, City Manager, Town of Los Altos Hills
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