Loading...
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 a 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 l FORMERLY USED DEFENSE SITES ` . � Y'' ) '•.T � � � � .'�".1�, � DTP _� f +u., .1 F*► � � � / � ��z. • by _` a r .. i 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$35,000 which is included in the minimum purchase price. S. District is required to remove and dispose of the existing underground gasoline storage tank. The District has previously received two offers on the property. Both parties have indicated that they will submit sealed offers prior to the July 11, 1997 deadline. Prepared by: Michael C. Williams, Real Property Representative Del Woods, Senior Planner Contact person: Michael C. Williams, Real Property Representative SKYLINE R*GE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Coal Creek Open Space Preserve 7�')).n � •i:4:is i:':'''. s$(11 BI ., 0� �3�Ti�}J >f• � c�,Q_, r a� �' �l � ......... O g : $jf ro CL $ t p fif102 <>:.:•ss't>::>: '>` 0.2 L '�saos .. z { ; >"r..� ;MONTE BELLO Er t' r\ Al pne o.2 C'./'-`'; OPEN SPACE PRESERVE . Pond i 2201r } = J ) 0.1 ,r 1 Rao) ran05 \ fRF30 :: �•? a �, 0.3 •• �fu1$OY} 05 f:• ' 1 Oro \=:='1 �J 03 0.2 _ �:( 4 �, L •,,�,.• Horsesho"e""�'�r,.,r�t •../ :.c3:. 0.3 \ •r Lake l 1 !j l' ,t . 0.4%• I rl.•t •. Ch stmas �•• H L- [i0 Tree Farm f l• t x1:::::: .............. .. 1 _ 0.7 p ��i t ( 1 .............. ........... ........... :..:'.; �: 'z'•:�...:.............:::.......^^fit..:•;:.;:•;...........:n ..........n:................................. �%�.:::.•:.•:::::. "' .� f7`••j .:::•'.:....✓•.? �::!iii:i: •::�:•:�^::4,:i}i}i'F/:.:•.�/'S!•."i: • ^:4:•i:4i:?i: .:::• .........:::?.:?::}::{•iii:4:4i:U.ii4:?• •i:•ii'•ii:%%Y r � �. /' .� :::.. •::•ii:•i:: �::;:;{.:#y?:}•:: :....:....... 1 .....;.:...; :.i'F.4:4:4:4'•i:•ii:::::::::.:.:::n. f�':%•:i::?�:.:�.�v)::•)ii:�i:•):?:4:?^::O':.;::•;:;'r,:ir 1 . f J•r •:•:•::;.�:.+SFr.?•.�:::::•:.......:.........!� •:::s:•:::::>••::;:•:,, . : ::�i:;;:;. .,.................. a^.��•�>:�>:�;:�::.. r..••:?.;/ � -r ......:::::::•i:?........... ••::•:::::::::::::::::?4':.i':::::::::: ..... (/(f} :::::: F.........,...........m::.nrF....... : :r :::::�j:}i$i:�::•. :r. ....n....vn...................:•..............:.:?n•?:•i:•i:4:•i:•iii:•i: :•i:4:??•i:i:::X• {i:�i�::�:::.;•:::. r:::.... r \ / :::. .rF /?-:F.?•.�:f:iYrii':.xS'..:::•ii:4;;:•:;�:•i:•i:•i:?...�f}� f:::•:�ii: � 1 :::•:.� ...........1........... :. P/ ::::::::::::::::::.•:::.�:::. •JFr% {{:;Zv$:•i:•i:•j:•ii i;•}i:•Yi.v:v:::.) 4�'�ii:•i:•i:4t:::::::::::!i•::::::::::i:•iii'4:4:4:4:4:4:4:•.•. j •::h::•:::titi•}::;ti%fS:}i. }iiii:v'4i:SCiiiii$i:•i:•i:•i' ... ....04i r 4:• .%.:...•.•. ..�............... :. 'Yk^:: :tiff?•:':�::??.:::iii'v::::F.•::::::.^?^'`�i?:+i�iiirr:: :':w::4:4:•: f. z . r:. .xrfff...r.............................................:.............<.:::::.'^.. :::::.:XXxx ::::::::::!i•:::::::::::^:i::•�:?^:^:4:4:;i:::;:; ., ^:9iii)iii:•i;.y:•..i;C•::i:;i::>:�:: 4:hi:'•::.......::..w::;;:m:.�:::::.•::..:v:::r?::::::^'4:4:•i i.............'%:+�•i:•i:4:4:•.':'. / ............:::i:•::...:...... ............... .... ....... ) ..; } I ::::::.:�:.�::::::::::•:!�h"�:ti<w:.4:^:9:?%'^:^:•i:4:•i:•i:??.; '• i•i•%%?•ii}i:w:::):::.�::::i:::'. . .... ......x:•: .........................r.•rr::.:w:::...v:4i:•i":::.v:::•:::•:::.�f 4:}: ! J ............................?,,':•i:•:�:4:}:... •., :..:. j....:;:.�:::::. l •::::::::::::::•:...::::..ter•:. ...:.�::rf•::::::::::::.::::.�::.:..........?:'................. .. :::::::::::::::::::::::.'r .:::::.''�,':�::o):�):•;;:•. r� , ffff rf 1{r ri .f. !f f•: l {rN•: `••::• :. rF f•F .. r:::�:�` .. r... ..:::?,a'a.'•`:•ii�r'ri'r'i�`::i;>->;;:`:.:;.,.:::...... ...........::. r rr..fr.: r!i ff r'`l :%�::�:i::;.................. rrrF�r Fir�?�:.;...r.... ?. , � f..............:....... 6/20i97 0.0 .1 .2 .3 .4 .s .7 .8 s 1.0 Long Ridge Open Space Preserve 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 ..... ... ........ A 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 Pa �i. 1 1 NZs•So'w /oo' \ \ O � V m 4 4 I = 01 1 � LAA Do \ p ' 282 2 3 t r H1022'E 60' \ �� 1 o'1 1� \ �0 z u0, d O I ' 350' He-god I,30Ow ice. I2101 \ Lk ` I � w \ 0 1•o , \ O o \o /M 11/50 O 4 ..ROC K•• h �, OJ ) 3 29 \ 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. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SIERRA AZUL OPEN SPACE PRESERVE ............. ---- X 1�53.... ...... tiIIIJOSEPH'S HILL T.�.xx CE PRESERVE ............. .17 ...... ...... .... . f RX, 4kAft'. -X ixest Rock X.. ............ A L nn KENNEDY LIM EKI LN-AREA--,-`-, . ...... ... 2400 rail ............ . .... ..... ................................... ME. 80 'P PO E ........... RO 21 )00 DISTRICT.." X .............. -A ........... . ...... ......... ... .. xxiiii Is!�'k D: W X .... ........-a ----------- 'x x ................ tfi�L/qAKS AREA C�THEDF ...................... ........................... ............ ........ ............... ............................... 2000 ......... X..... X X .................... X m X 600 ....... ffl?.-IIIIIIIIIII Z :0 . ............ . 'X, x. ..... ..... . . .. . ... 1 mile .......... . .... . X .M. X'X'X'X." 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 558 �29 AV NOT RF �UHVEY OF THE- �,:`•'�'°" ''� BELIE l c HALL( 31 92 AC. .• s 33 AC I'HFi;;Lt rHtit,tL ;►REST FIRS +FNIt I — TITLE COMPANY AS :._' I I_IABILIT', ,-0H LM I °E s OR GAMAGE RF�lll. IiELIAhCE 1 HEREON. I I• 9761 AC St J: 100 f00. f�•nM"k 897 C. AC w•q• 6 AC fAA•f,wr" i 24 •` �MI•pEt1f1•N$Ul t. HECIG113L 34 R 0.S.456124 ° •••. 37 _ sp,cl J.fi •f .�I - I .. •r•. '•.•..M• '•rlf 11`,..f a•.wo..,- i... r 94.17 AC. .. •,22 IS /lo I •o,w / •004�'�S9 AC ?•• ''.�w.�•�tT�� i for$ //o A MIDPENt�INSULA •603� �• r •,...r• ,..sue c 4J4 SAC. S/..rG .O. .c, .oI q•or .aao Z. / t .. r711 .+• � f RE IpNAL OPEN�� SPACE .••.:. sao. f..r.G wo '°v-ter,, SEE i�, ' a" •f:.e .._.�• p, a�_ _ - ;,'y,� • DETAIL A I D157RICT :�,u. •• •' ww ro i S • '•, '"frr.M. .iAMa r•I fOOI f.n.rG.t0 ,,G•.I. p.}C AC 2 25 A. ,n o. _ •�w rc. • 2 tin a" •• �,.+s• +o.o 1• I I � 32 r/ 11 D. \� DETAIL 34 • OO� I� 20 45 _ •� I 1 38 AC �. 46 W ' 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 1666, DO ti ,-_ AL 1p W. .tCK .I . f \ ' Siiiii:;;;;c:;: �''•1 � \ � :♦ I 2400 f r� •Y::i:i:222?22:}\, `io':i ::r�' j'`i - f 2800 i 1 � ,,.... >• + � /' i .,. ;' Mountain if •Y:t•:i r �. ;S.IE,R RA'_AZU L :...:: :: :: :::::'::::: :::.. . ..: ..r I� k•::::::::::...:......... 'jjjj'j:; ?:£iiiiiiii:iii'�•.t:•i:•::iii:•i}h•.;;.;:•i:4:S:JiiiJ:iJiiiiiiiiiiiiiiii?::::i\:::::::: PEN .. E P,'RESERVE ..:::... PAC . PEN S O 1 ..................................3:;:i Ck� if:k:f i;i iffiiio-fii ft:':tt:k;t•::• ::>:::>::::o-.......... r � ............ ....:.. _,. .. :::::.;:::::::.•r.'::::•;.;f;;:f;;:::i;;::i::;:.-:::::::f>;iii::iir::2f::: ::i::::;:;:>::::::::::::::::::::::>::;�: -, H@ '•'.of::;.:::'£:Y;::: ;:;:;:r;:;;i•'.. ;:>�:.:�:-::::Y>:>YYYYY:•>YYYY:� !'r ._.i � ..�. ::k..�::::::::::::'d".•.. ?.:.;::f::>ii::i::YY>:;�:i:.;:.:::iii>i::::.:�.:.:::::::::::::::::::::::::::., •:.a.•YY:-:::•;:;•:r:;:>:«<s:>::>::::: i»iii:>:><:>::>?:i£#::££<£;::...:• r --� r� ''' iF :;;; ;:::_;;::::!;;f::r':::fi:::'"'....:ii::iiiiiiii::;;::;:::a;• ::� ::::::f::;;:::;::i;:.:;.':;;::f<i:tttttttS::ii;t:.;;`:`<%5;:}'::':'##��!;k:t>:''r;•:::f:S::fic#:........... -'-�c:�::.;:�.;:ffiiiiiiiifSi:::::.•. ...4'.........:::::.. k!!+ f '1 ........... 1 1 '•F # 2t+ o ............ >f:.';f;: ::.....>:r; I v:.C. / 2400 J } :.i):.YY:.:.Y::.YYY:+.YY':tL::.x:>.-iiiii•:•:•:•::•::.}};.•. t' , f• M ileEil QuIstTli 1 ::m! :x •. R" .Y:.Y::•::.�:.:;.,.t;•;;;;t?tt•::''•' ;;t: ... � .tip :.�::. '1 �:.... D £ �e t+• ::<�k:tii:::iiiii»iS!�.•>:tf`f::i::itti::tt:;i`iii i;% :::fi>i'::>:•:. /�` t� ..�':�:i�:'�i;:::: £•'.�tt •:4i}}}#?fiff;:i..........::::::::.:�:::i4.::::::::t:::::::::.�::::;?ti tti?•:•::ti?• :i:ti{ � ::..:.Y.L;.... f' .;:>fff# #:<�% 3`«- �i: :i:�Iii::ii::L:t;:.: � :.k• . r" trN. , I sse�mmii i .. :::::::•::•:: ::'•L,: ;:i;::?:i,`•j.•:Yi+iii;::. /' .t'•k�# : � v f } { �Y iiTivvvtvv�nS ............................... '+.:!�i•:.:;:;!„..::iii:•::hiii:iiii�w::::::'r.:;^t'{.iiiifi::i•.YYY; C, ..� .` ... ............. •.�>.•;Y»;:i;;; :>rf i. ;�.!yvX.wef!:•;?:r:•iY.TR--W,-.:iiiii iiifi:-::`: . :..4::!:\:vn�}*•A.v'k,M,:nt'.;; ':.I•:::::::^'�YY:Y:}}:p / k t \y �" '.Y:{..:.;•Y${ t?•:t;•>:c:;:;;;;;;;;:; ::k:::i:;::Y'::i::i is ..f.{:f xvtl:: �:V!•Y:a•}aniat?!4+......r. .) ..\ ; ..�.:.:.:::..::::..•:::.`.;:t:k:iii:.>:. ::.•.�.�: ,/k6:?t:::i:< ::::•.?,•:•:.\••. . :tttt:;<tt;<;:•>::i:YYYY•Y,.. .•fi'•_. � :::t:;•�•Y:•Y:•Y:•::•>:•},titttto-��;:?:i:#isNt.:Nr:;•::,:::•::.•:.:::::::::::::::::•::::::::::t.;::•:::::.:�.: J'� \, t. ti>;•i .......... i :>`.rtt:>:::::::iitt;:•;>:�t:;::::::....... .,:::::..v;• .. •;•i<fffi::;:::f;:>:'`;(::;:s:.s:.sss;:.>:.>::.>:>::(;;(::•:::>:•>:•::...:...>:.>;;:.;>:::::.�:,:.•...- ...:...::. ..::::::. .......... W >................ ......... .:...-:-:... ............. :•::::: :::.:��i::::•.........,.. ................. ..... ............ f ..tiiiiiii:: f .....:........... .... ............ ..::::,:::::::........................................,... ..: .:.:: .................. :...........r...............r.....r.................................................... ...., .................. ........... .....................................................::::::::::•:::•..... :,:::.. .,...:............. <• t;•�::!.::::;•YY;•Y;•>:.Y.v{.. ::fi•:.sY:.:::::::::::YY>::•:::Y:•>.,:•;::>:.::tt:.>:, -. ::: •<t•>:<.:<.;;Y;:.Y:.;:t iii iii:-;;;::;.;;;;;:;T::tt•::;•;::Y:YY;,;..Y:tt¢;:£; ;: ...:::::::::::::..; ......... :::;::>.::�: :�... ;;;;;;;a:.i:::;;:..Y:Y:�•;«<•:(•>:•>:•Y:.;:.;Y:vi:;•;:•;:t;;;;;•i:tt•:•>!•::::•: 6 .7 .8 .9 1-0 One Mlle „:°E:�•k::::::5:>::..;..; 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 0 562 21 tttuL � 22 T.9 S.,R.1 E. 25 23 d. R.O.S. 479/AP °V°di•1 rea.c (.z.n¢) I(<1.7:s:) .<r.7:+c) (157 9+ AC) t0.s. 4 3 2 ( 1 A,lla tN.R I •• I I 11 I It11.30 AC.TOTAL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT t Z j2 1 I � 329.JO AC.TOTAL 0 r SCAce i'•*Do' O Y� 19 IS79A t c O{\rbeta<c)� •» (s:.:1tf) 12 I(<:.:E<� II :74:.:Sa:) 10 :(c.t!<Q 9 • In Sra.So I I I I 1 I VIOPENINSULA REGIONAL OPEN I 193.10 AC TOTAL SPACE DISTRICT I (iH.b AL. TOTAL) I I I 1 (4013:c) 13 �(4C 19� 14 1(11910 15 1(4c.'3 K) 16 r T s II I I i if°l tt0 Litoatt° /� rltJI7" `a COW,, CD tr ryq soft. aIR't 4f" E;alt.y4 EY rrr `'SON_At$ E 99 R 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 "N f mm--: Bepa ViaIT 0.4 An ..... ..wiii ......... .... .......... I W 0.6 j .......... ............. ............. ji n G '�,2r C' .X M M- .............. If Ilk 24M I 4-7- ......... ... .......... ... ............. .0.1ii.. M, )NTE- B�07 MRAERVE (P OPEN SPAGE1 owl 02 .... ......... ........... NO VP� . .. .. .. 7 ;.;. .. ..:. 2.0 fail IME—) X j X A ..., SM -INEZRIDGE v ............... 3EWSPACE ........... AMC( OWN T5 SieVensC?i ME ....... 7......................... and NO ----------- ............... ....... %:NXX . ... . Hv. -7 @ No 10.00-:: .......... -A.......IN. IRWIN W A�J .. ..... .. di 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 OVERFLOW %li 11 1 Z 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 s� Muriel King 2 p 3155 Drywood Ln• c - _ San Jose,CA 95132 112 F v�t/� Co ca n Z / D r u r C -44 fj(el d O s a ���� t�tLCc/i c{arnaye - 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 t 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 r \ � erl rausen Dan Silver avid�K=4 � 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 00 A INI 9 q 1997 Z41 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 L 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 z� �G1 ` . '14-lb-DEN VILLA4-/