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HomeMy Public PortalAbout19980812 - Agendas Packet - Board of Directors (BOD) - 98-18 Regional Open , ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-18 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS AGENDA* 6:00 P.M. 330 Distel Circle Wednesday Los Altos, California August 12, 1998 *** PLEASE NOTE*** 6.00 P.M. Closed Session Start 7 me 7:30 P.M. Public Meeting Start 77mme (6:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:00 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Public Meeting, and at the conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference With Real PropalyyNeN go 'a or- Government Code Section 54956.8 Real Proprty: San Mateo County Assessor's Parcel Number: 351-060-017 Negotiating Parties: Jeffrey Grainger & Maren Monsen Under Negotiations: Instructions to negotiator will concern price and terms of payment. 2. Conference With Real Prosy Negotiator- Government Code Section 54956.8 Real mW=yr: Santa Clara County Assessor's Parcel Number: 575-09-M Negotiating Parties: Neil Lanphear Under Negotiations: Instructions to negotiator will concern price and terms of payment. 330 Distel Circle + Los Altos, CA 94022-1404 , Phone:650-691-1200 FAX: 650-691-0485 . E-mail:mrosd®openspace.org . Web site:www.openspace.org Board of%Directors:Fete Siemens,Mary C. Davey,led Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz . Genera!Manager I.Craig Britton Meeting 98-18 Page 2 3. Conference With Real Prosy Negotiator- Government Code Section 54956.8 Real P=M: Santa Clara County Assessor's Parcel Numbers: 544-28-004; 544-29- 006; 544-30-002 &-003; 544-31-002, -003, &-004; 544-33-001, -002, &-003; 544-33-014; 544-50-001; 544-50-004; 544-56-004; 558-41-007; 558- 41-011; 558-41-017 &-018; and 558-42-001. Negotiating Parties: Arlie Land&Cattle Company. Negotiator: John Musumeci Under Negotiations: Instructions to negotiator will concern price and terms of payment. 4. Conference With Real Pa=a Negotiator- Government Code Section 54956.8 Real Property: San Mateo County Assessor's Parcel Numbers: 064-380-020; 066- 140-010, -030, -W; 067-240-020; 067-300-020; 067-320-010 Negotiating Parties: First Skyline Corporation; ARW Company; Alan Walden Company; Peter Donnici. Negotiator: Mark Farnwald Under Negotiations: Instructions to negotiator will concern price and terms of payment. 5. Conference with Labor Negotiators - Government Code Section 54957.6 Agency Negotiators: Betsy Crowder, Pete Siemens, Ken Nitz Unrepresented.Employee: District Legal Counsel (7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR-- B. Crowder *** APPROVAL OF MINUTES July 8, 1998 (Consent Item) July 22, 1998 (Consent Item) *** WRITTEN COMMUNICATIONS BOARD BUSINESS (7:45) 1. Proposed Addition of Lindner 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; Tentative Adoption of the Preliminary Use and Management Plan Recommendations Including Naming the Lindner Property as an Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve; and Indicate Their Intention to Withhold the Property from Dedication as Public Open Space at This Time -- 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 Lindner et al.) Meeting 98-18 Page 3 (8:00) 2. Proposed Acquisition of Undivided One-Half Interest in the Nead et al. Property as an Addition to Long Ridge Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan Recommendations Including Naming the Nead et al. Property as an Addition to the Long Ridge Open Space Preserve; and Indicate Their Intention to Withhold the Property from Dedication as Public Open Space at This Time -- 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 (Long Ridge Open Space Preserve - Lands of Nead et al.) (8:15) 3. Final Adoption of an Amendment to the Use and Management Plan for Windy Hill Open Space Preserve to Upgrade the Spring Ridge Picnic Area and Install a Commemorative Bench on Anniversary Trail -- M. de Beauvieres 4. Authorization to Solicit Bids for Two All Terrain Vehicles -- D. Topley (8:25) 5. Authorization for the President of the Board of Directors to Sign an Argument in Favor of the Advisory Measure for the November 3, 1998 Ballot Regarding Potential District Annexation of San Mateo County Coastal Areas --M. Davey (8:30) 6. Right of Way Contract and Grant of Easement to Caltrans for Emergency Repairs to State Route 84 (La Honda Road) -Thornewood Open Space Preserve and Determination that the Recommended Actions are Statutorily Exempt from the California Environmental Quality Act -- M. Williams Resolution Approving and Authorizing Acceptance of a Right of Way Contract, Authorizing the President of the Board or Other Appropriate Officer to Execute an Easement Deed to State of California and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Mornewood Open Space Preserve - CalTrans) (8:35) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS ((Consent Item) ADJOURNMENT *NOTE: 77mes 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. ' � I Regional Open ice I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i NOTICE OF MEE11MG CANCEL LA The August 26, 1998 Regular Meeting of the Board of Directors of the Mid peninsula Regional al Open Space District has been cancelled. The Board's next Regular Meeting will be Wednesday, September 9, 1998 beginning at 7:30 P.M. at the District office, 330 Distel Circle, Los Altos, CA 94022. Deirdre Dolan District Clerk I i 330 Distel Circle Los Altos,CA 94022-1404 Phone: 650-691-1200 FAX:650-691-0485 * 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 -. -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-16 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS July 8, 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 6:30 P.M. Members Present: Betsy Crowder, Nonette Hanko, Mary Davey, David Smernoff, Jed Cyr, and Ken Nitz. Pete Siemens arrived at 6:35 p.m. Personnel Present: Craig Britton, Sue Schectman, and Mike Williams lI. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:32 P.M. and the Closed Session commenced at 6:33 P.M. The Board concluded the Closed Session at 7:31 P.M. and B. Crowder called the Regular Meeting to order at 7:34 P.M. She noted that no reportable actions had taken place in Closed Session. Additional Personnel Present: Malcolm Smith, John Escobar, Deirdre Dolan, Mary de Beauvieres, Randy Anderson, David Topley, Mike Foster, and Susan Dale III. ORAL COMMUNICATIONS Harry Hauessler, 1094 Highland Circle, Los Altos expressed concern that the Windy Hill Parking lot would not be completed in its entirety in time for the dedication which is to be held Wednesday. B. Crowder explained she wished for the dedication to be held before she was to go on vacation and the District's Open Space Technicians were working very hard to ensure the parking lot would be complete in time for the event. S. Schectman commented that M. de Beauvieres has been in contact with Pacific Bell and PG&E and they have assured her that their lines will be installed in time. 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200 FAX: 650-691-0485 * E-mail: mrosd@openspace.org + Web site:www.openspace.org � 13oard of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David 7.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz s General Manager.L.Craig Britton Meeting 98-16 Page 2 IV. ADOPTION OF AGENDA S. Schectman announced there was a need to add an agenda item permitting a Closed Session for Real Property Negotiations at the conclusion of Public Session this evening. She informed the Board this action is permitted upon a 2/3 vote, provided the Board finds the immediate need for action and that action arose after the publishing of this meeting's agenda. S. Schectman briefly described the need for the District to submit a bid to purchase property described in a Board Report which she handed out to the Board. Motion: J. Cyr moved that the Board adopt the agenda including the addition of the agenda item permitting a Closed Session for Real Property Negotiations at the confusion of Public Session. P. Siemens seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR N. Hanko requested the removal of the second response to written communication from Mr. Oare. B. Crowder requested the removal of the May 20, 1998 Minutes. Motian: D. Smernoff moved that the Board adopt the Consent Calender, including replies to written communications from Jean Rusmore, 36 Berenda Way, Portola Valley, Linda Palmer, 369 La Herran Drive, Santa Clara, Richard V. Treakle, Los Altos, Karl Kneip, 3401 Hillview Avenue, Palo Alto, and reply to first written communication from David Oare <rgram@thegrid.net>; agenda item 3 Authorization for the General Manager to Execute a Purchase Contract with Mission Valley Ford for One Small Dump Truck at a Cost of$42,887.56; and Revised Claims 98-16. K. Nitz seconded the motion. The motion passed 7 to 0. VI. APPROVAL OF MINUTES B. Crowder stated that on the first page, paragraph 1 under item "III." Board Business the sentence read "B. Crowder stated that the object of the Board was to..." and asked the sentence be changed to read "B. Crowder stated the object of the meeting was to...". She also asked that on page 3, paragraph 5 which begins with Kit Dove, the third line begin... "He thought the Mid-Coast Park Lands..." rather than "She thought ...." Motion: N. Hanko moved that the Board approve the May 20, 1998 Minutes as amended. D. Smernoff seconded the motion. The motion passed 7 to 0. VII. WRITTEN COMMUNICATIONS N. Hanko commented that the seconded letter from David Aare which was included in Written Communications was actually addressed to herself and Director Siemens. She requested that the response be prepared and sent by herself and Director Siemens and the response prepared from staff be removed. Meeting 98-16 Page 3 Discussion followed concerning the handling of mail addressed to the Board of Directors by staff. It was decided Board mail would be opened and faxed to Board members when received at the District office. Motion: P. Siemens moved that the Board approve removing the seconded letter from David Oare. D. Smernoff seconded the motion. The motion passed 7 to 0. VIII. BOARD BUSINESS A. Agenda Item No. 1 - Regional Open Sp= Study Final Review; Review the Rev' Draft sic Policy Document, Including Changes Made at the May 6 Workshop, and Proposed Policy lAnguage for Tree Issues_; Review the Greenbelt Financial lmnlications Mode; Authodzation for the General Manager to Contract for Rroduction of the Man and Related Text for Public Distribution; Comment on and/ Confirm the Potential_ Next Steps in the District's Advance Planning Program; and De Prmina ion that the Rwject is Exc=from the California Environmental Quality Act (CEOA) R. Anderson outlined the order in which the review would take place as follows: (a) Determine that the Regional Open Space Study is statutorily and categorically exempt from the California Environmental Quality Act. (b) Review the revised draft basic policy document. (c) Review the greenbelt financial implications model. (d) Approve the printing of the map. (e) Next steps. (a) Determine that the Regional Open Space Study is statutorily and categorically exempt from the California Environmental Quality Act. R. Anderson reviewed the CEQA findings. (b) Review the revised draft basic policy document. R. Anderson reviewed the three issues which were remaining to be resolved: 1) wording under Objective 1, Policy c, regarding eminent domain; 2) clarifying the difference between basic/low-intensity use and special/low-intensity use; and 3) clarifying agricultural use policies. 1. R. Anderson reviewed the revised language pertaining to eminent domain. 2. R. Anderson reviewed the difference between basic and special use definitions. Discussion followed resulting in better clarification of "Basic Use" and "Special Use" within the policy under Recreational Use and Improvements. Meeting 98-16 Page 4 The following wording was decided upon. In paragraph two beginning with Basic Use.... "Basic Use is defined as access to pedestrians and reasonable accommodation for people with disabilities. This use is "basic" because it allows access to everyone with the lowest possible level of environmental impact, conflict between uses, and management cost. The District will typically open its lands to Basic Use as soon as an appropriate planning document is adopted and access and safety conditions can be satisfied. In cases of extremely sensitive resources, access may be seasonally or permanently limited." In paragraph two beginning with "Special Use...." it was decided to remove "low-intensity." The first sentence to read "Special use is defined as use that involves extra equipment or accouterments that creates potential environmental or management impacts beyond those of Basic Use." 3. R. Anderson reviewed the new wording in the section "Agriculture and Revenue-Producing Use." Discussion followed concerning the potential annexation to the San Mateo Coast and the need to include wording specific to agricultural use on the San Mateo Coast. C. Britton suggested the Board approve a tentative adoption of the revised Basic Policy document at this meeting and return for final adoption after the November 3 election. Paragraph (f) under "Agriculture and Revenue-Producing Use was revised to read, "The District supports the continued agricultural use of land acquired for open space as an economic and cultural resource, including, but not limited to, grazing, orchards, row crops, and vineyards. The District does not consider commercial logging as agriculture. The District requires sound agricultural management practices on land it manages or monitors, in accordance with its Resource Management Policies." Paragraph (g) was revised to read, "Revenue-producing use of District land, such as rental residences, communications antennas, or special commercial use such as filming, may be allowed when it does not utilize significant areas of natural land, does not unduly impact natural or aesthetic resources, does not unreasonable restrict public access, and provides benefits or income to the District. (c) Review the greenbelt financial implications model. R. Anderson reviewed the greenbelt financial implications model, including an increase from 250 miles of trails to up to 600 miles of trails to be managed that could increase the need for additional staff and staging areas. M. Foster reviewed the overall District tax growth expense projection for the next 25 years based on the 6 to 8% historical trend. Meeting 98-16 Page 5 (d) Approve the printing of the map R. Anderson asked that the Board approve the printing of the finalized map at a cost of$5,000 for 5,000 copies, many of which would be distributed to the various agencies that participated in the study. (e) Next Steps R. Anderson summarized that overall this study had been a positive process enabling the District to acquire tools for further use, including a database of participating agencies and organizations that can be used for future contact and communication of mutual interests. He stated the next steps would be to continue work on the financial analysis and continue to track spending trends for future use. Staff will return to the Board in the Fall, in the context of the Regional Open Space Priorities project that was included in this year's work program, to discuss more specific 5 and 10 year targets. Motion: N. Hanko moved that the Board determine that the Regional Open Space Study is statutorily and categorically exempt from the California Environmental Quality Act; tentatively adopt the revised draft Basic Policy document as amended at the meeting; review the greenbelt financial implications model; authorize the General Manager to contract for reproduction of the map and related text for public distribution at a cost of$5,000; and confirm the potential next steps in the District's advanced planning program. M. Davey seconded the motion. Discussion: J. Cyr commended staff for their effort to look ahead and develop the Regional Open Space Study. B. Crowder thanked M. Foster for his effort on the financial analysis of the study. Yok: The motion passed 7 to 0. B. Agenda Item No. 2 -AWroyal of 6% Salary Adjustment and 3% Meritorious RU Award for the General Manager, Inclusive of a Cost of Living Increase, Retroactive to March 9, 1998 Motion: N. Hanko moved that the Board adopt Resolution 98-30 amending the General Manager's Employment Agreement to reflect an adjusted salary of$104,088.60 and a 3% meritorious pay award totaling $2,945.90. D. Smernoff seconded the motion. The motion passed 7 to 0. IX. INFORMATIONAL REPORTS M. Davey reported that she, Director Hanko and M. Smith toured agricultural land on the San Mateo coast with a representative of the Farm Bureau. Meeting 98-16 Page 6 N. Hanko reported she attended a picnic with East Palo Alto council members and had the opportunity to discuss trail plans, the District's interest at Cooley landing, and mutual interests in preserving these marsh lands. B. Crowder reported 1) she attended the Santa Clara County Open Space Authority's annual meeting which was held in their new office facilities; also in attendance was Susie Wilson of the Santa Clara County Open Space Trust; 2) that Director Siemens has been appointed as the alternate to the Trails and Wilderness Ad Hoc Committee; and 3) Representative Tom Lantos has introduced a bill which would expand Golden Gate National Recreation Area boundaries in San Mateo County, specifically the Pacifica area. S. Schectman clarified the area to be expanded runs from Sweeney Ridge to the coast. P. Siemens reported the District had been approached by Los Gatos to take over and manage a large section of open space ground in the Blossom Hill Road area that was being dedicated as part of a subdivision application. He stated the project has been approved utilizing a District idea with a condition that the developer put $260,000 in a trust fund that the town may use to manage the land. K. Nitz reported on the new chain link fence now in place at the Pulgas Ridge Vista Point. C. Britton directed the Board to a memo which explained the delay in receiving Meeting Minutes due to an abundance of meetings and staff workload and that Minutes would be brought up to date by the July 24 Regular Meeting; a fact sheet which was sent to the 500 or more who sent letters or e-mails regarding the Convent issue; and an article regarding rollerblading on dirt trails. He suggested cancellation of the August 26 Regular Meeting due to vacation schedules and a very light agenda. He reported that 1) on Saturday, July 11 there would be a barbecue honoring Gary Tate, retiring General Manager of Monterey Peninsula Regional Park District; 2) the State Budget reported a $4 billion surplus; and 3) on Thursday, July 16 the Open Space Council will be conducting a program called 'Finding Common Ground - Agriculture Preservation and Outdoor Recreation" and invited any interested Board members to attend (Directors Davey and Crowder confirmed their attendance). M. Smith reported the construction of the Leaf Trail will be completed at the Saturday, July 19 volunteer project. S. Schectman reported that at the next Regular Board Meeting she will be presenting an agenda item asking for approval to submit an amicus letter of support to the City of Livermore concerning bicycle immunity. X. ADJOURNMENT The meeting was adjourned to Closed Session for the purpose of discussing Closed Session agenda item A on the proposed agenda item at 10:37 P.M. Susan Dale Recording Secretary Claims No. 98-13 MeebnA9O-18 � Date: July 8. 1998 Revised KU|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4380 150.00 Aaron's Septic Tank Service Sanitation Services 4381 280.79 ADT Security Services A|errn Services 4382 238'42 Ajax Portable Services RemtroornRenta|-RuomimnRidge 4383 391'06 All Laser Service Laser Jet Maintenance and Parts 4384 500'00 Association of Bay Area Governments Annual Dues 4385 5.80 AT &/ T Telephone Service 4388 539.20 Bailey's Uniform Boots 4387 02.62 Barron Park Supply Company Plumbing Repair Parts 4388 105.00 BiU'oTovving &/ Recovery Vehicle Towing 4388 2,150.00 Louis Bordi General Engineering Skyline Grading Services 4330 40.38 California Native Plant Society Resource Document 4391 259.90 California Water Service Company Water Service 4332 131.00 Kerry Carlson ' Roinnburmernent-UniformnBoots 4383 38.12 Cascade Fire Equipment Company Fire Pumper Parts 4384 100.58 Cole Supply Co., Inc. Janitorial Supplies 4395 50.00 CornpurunSyotamm Video Driver Repair 4396 330.87 Comtno VVho|eoa|a Field and Office Supplies 4397 304.88 Custom Alignment Vehicle Maintenance 4398 385.00 Daily Express, Inc. Dozer Delivery Charge 4393 768.24 Dillingham Associates Landscape Architects Souea| Pond Dock & ECM Parking Area 4400 224'00 Economy Business Machines Typewriter Repairs 4401 54.88 Emergency Vehicle Systems ` Vehicle Spotlight 4402 2,435.63 Empire Equipment Company Dozer Rental � 4402 123.07 Forestry Suppliers, Inc. Dust Mask /& Fire Suspenders 4403 20.83 Foster Brothers Security Systems Key Duplication ! 4404 246.68 Matt Freeman \/nh|u|o Expense 4405 5804 G Q/ � �mrv|com Shop Service � . � 4406 129.35 <3nodno Press Incorporated Volunteer Recognition Event Invitations � 4407 71.12 GTE Wireless Cellular Phone Service � 4408 38.00 Half Moon Bay Review ' Annual Subscription 4409 30'060.00 Jens Hansen Company Windy Hill Public Access Project 4410 6,397.58 JmdaPub|icotiono Map and Brochure Printing 4411 188.36 °1 Kelly-Moore Paint Co, Inc. Paint 8upp|imm-Deor Hollow Farm 4412 273.03 Lab Safety Supply Fire Safety Supplies 4413 81.39 Langley Hill Quarry Base Rock 4414 2,245.39 Lanier Worldwide, Inc. Copier Leases 4415 410.00 Los Altos Garbage Company Debris Box 4416 388.10 Lucent Technologies Telephone Maintenance Contract 4417 65.43 Brian Malone Reim buroennent-BikeTool Kit � 4418 242.01 K8C| Telephone Service 4419 126.41 K8etroK8ohi|eCornrnunioahonm Radio Repairs 4420 2,367'43 Micro Accounting Solutions Computer Consultant 4421 284.90 °2 City of Palo Alto Monte Bello Backpack Camp Permit 4422 25.00 City of Palo Alto Utilities Utilities 4423 90.00 Pau| MnKovvan Rminmburoannent-PoatnQe for Invitations 4424 195.71 Peninsula Blueprint, Inc. 8|ue|inem' Maps and Prints 4425 725.48 PIP Printing Printing Services 4428 20.99 Precision Engravers Seasonal Name Tag Engraving 4427 127.46 Pringle Tractor Company Replacement Window for Tractor i Page ) � Claims No. 8W-13 Mae1ngS8-1G Date: July 8. 1998 Revised K0|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # /lmOouOY Name Description 4428 4.65 Rancho Cobbler Uniform Supplies 4429 386.87 Rich's Tire Service Tires 4430 3,842.87 Roy.m Repair Service Vehicle K8eintonmnnmand Repair � 4431 1B8'2O Russ Enterprises Sign Dwoa|o � 4432 1'000.00 °3 Russian Convent mfOur Lady of Vladimir, Inc. Right of First Refusal Payment 4433 403.24 San Francisco Newspaper Agency Recruitment Advertisement � 4434 454.12 San Jose Mercury News Recruitment Advertisement /& Gubmoripdo 4435 300.00 Santa Clara Co. Dept. of Environmental Health Hoz Mat Permit � 4438 84.31 Second Cup Board Meeting Expense 4437 253.86 Shell Fuel 4438 283.53 Skyvvood Trading Post Diesel 4439 192.08 K4a|cn|nm 3nni1h Vehicle Expense � 4440 30.00 °4 Sonoma County Public Health Lab Tick Testing 4441 776,15 Statewide Safety Q. Signs, Inc. Signs � 4442 116.91 Summit Uniforms Uniforms 4443 974.25 Teetor & Etc. Sign 8 Map Graphics 4444 33.93 Turf & Industrial Equipment Company Tractor Maintenance Supplies 4445 662'96 Tires by Wheel Works Tires 4448 82.54 Michael Williams Vehicle and Business Meeting Expense 4447 600.00 Roberta VVo|fm Recording Services � � 4440 93.83 DouO[aoVu Vehicle Expense 4448 331.21 Del Woods Reimbursement--Computer Monitor � 4450 55.82 The Workingman's Emporium Uniform Supplies 4451R 161.29 Brendan Downing Reirnburuernent—UniforrnBoots � 4452R 1,000.00 Town ofPmrto|aValley Retainer for Town Planner & Engineer 4453R 387.29 Petty Cash \ymhio|e Expense, Local Business Meeting � Expense, Training Q' Seminar Expense, UPS Postage, Office Supplies, Docent � Supplies, Uniform Expense, Field � ' Supplies 8/ Computer Supplies *1 Urgent Check Issued June 25, 1998 °2 Urgent Check Issued July 1, 1998 °3 Urgent Check Issued June 24, 1898 °4 Urgent Check Issued June 28, 1998 TOTAL 88'815.66 | Page | �� Regional n !e ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-17 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS July 22, 1998 I. ROLL CALL President Betsy Crowder called the meeting to order at 6:04 P.M. Members Present: David Smernoff, Mary Davey, Betsy Crowder, Nonette Hanloo, Ken Nitz, and Jed Cyr. Members Absent: Peter Siemens. Personnel_ Present: Craig Britton, Sue Schectman, H. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1, 2, 3, and 4. The Board recessed to Closed Session at 6:04 P.M. and the Closed Session commenced at 6:05 P.M. The Board concluded the Closed Session at 7:35 P.M. and B. Crowder called the Regular Meeting to Order at 7:35 P.M. She noted that no reportable actions had taken place in Closed Session and that the Closed Session would be continued at the conclusion of the Regular Meeting for discussion of Closed Session Agenda Item 3. Additional Personnel Present: Deirdre Dolan, John Escobar, and Mary de Beauvieres. III. ORAL COMMUNICATIONS There were no oral communications. IV. SPECIAL ORDER OF THE DAY B. Crowder led those present in the Pledge of Allegiance. M. de Beauvieres introduced Ana Maria Montano, Planning Technician; and John Cahill, Open Space Planner H. 330 FAX:f�5O fi9�1�0�H5 stel Circle E E-mail: c���IG�oAen��ace�or��4 - Phone: 650-E,91-120{� { I I g - Web site:www.openspace.org �N Board of Diree7ors:Fete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonetre Hanko, Betsy Crowder,Kenneth C. Nitz . (meal Alm. ;er L.Craig Britton Meeting 98-17 Page 2 V. ADOPTION OF AGENDA Motion: D. Smernoff moved that the Board adopt the agenda. J. Cyr seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF THE CONSENT CALENDAR J. Cyr asked that the June 24 minutes, page 12, be corrected to show the correct maker and seconder of the motion to adopt Resolution 98-29. Staff will review the tape and make the correction. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of the minutes of the May 27 and June 10, 1998 Regular Meetings, the June 17 Regular and Special Meeting; and the June 24, 1998 Regular and Special Meeting as corrected; replies to written communications from Mr. Harry Hauessler, Jr., 1094 Highlands Circle, Los Altos, and Ms. Dawn Rintala, 1505 Revelstoke Way, Sunnyvale; agenda item 1, Authori ation to Solicit Bids for Site .lean-up and Restoration in Sierra Azul Onen Space Preserve and Determination that the Recommended Action is Categor' al y Exem% from the Cal_iforrLa Environmental_ Quality Act; agenda item 3, Authorization for the General Manager to Execute a Retainer Agreement to Retain the Law Firm of Irvine and Cw=to Represent the District in the Following litigation at an Amount Not to Excel $20,,000: Midneninsula Regional Onen Space District v. Es=son-Rodrigues Development Comp n�y and Midneninsula Regional_ oen Sp= District v. Ireland: agenda item 4, � s for ppM- al to File Amicus Curaie Letter and/or Brief in Syi urt of the Position of the City of Livermore in the Case of Paterson v. City of Livermore, in the Supreme Court of California, Conte lb i Agency Immunity From L.iab'lity for Mountain Bicyc ing AccidCnts;agenda item 5, Cancellation of the August 26 Regular Meeting; and Revised Claims 98-14. D. Smernoff seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. 2 - Auth_o 'za_ion to Execute he Notice of Con Tact Completion for Windy il�ll_Onen Space Preserve Public Access improvements - (Renort R-98-991 M. de Beauvieres distributed a detailed cost breakdown for the project which began in 1987. She said the revised site development permit was actually a re- design of the project. In addition, over the ten-year span prices went up. She said one of the original conditions imposed by the Town of Portola Valley required undergrounding of the utility lines along Portola Road. PG&E, the Town and the District entered into a joint agreement. PG&E has completed their portion, and PacBell should meet the deadline set by the Town. Meeting 98-17 Page 3 C. Britton pointed out that half of the funds for the project came from other sources, including $117,000 from the Town's Open Space Fund and $132,000 from Land & Water Conservation Fund grant. M. de Beauvieres, said the concerns expressed by Harry Hauessler regarding the turning radius and the grate near the trail had been addressed and staff will continue to monitor the situation. She said the installation of the hitching rail should have been completed today. Discussion followed regarding guarantees on the landscaping and asphalt. M. de Beauvieres, noted that the contract specified the use of the material that was put down. C. Britton added that the District specified that they use that product to try it out. J. Escobar said it is not unusual to have to modify and fine tune a project during the first year. He said staff could complete the required tasks. Motion: J. Cyr moved that the Board authorize execution of the Notice of Completion of Contract and Acceptance of Work for the Public Access Improvements at Windy Hill Open Space Preserve. N. Hanko seconded the motion. The motion passed 6 to 0. VIII. INFORMATIONAL REPORTS M. Davey said she, C. Britton and B. Crowder went to the Bay Area Open Space Council meeting last week. There was a presentation by representatives from the Sonoma and Santa Clara County Farm Bureaus. They said there should not be trails on agricultural land. She had also attended a conference at the Presidio about the Land and Water Fund and how they can organize to reinstitute the funding. N. Hanko said she and K. Nitz attended the docent planning meeting last night. B. Crowder said she and K. Nitz attended the volunteer recognition event last Thursday. N. Hanko said she thought the docents would be making a presentation to the Board regarding use on trails. B. Crowder attended the South Skyline Association potluck where they talked about the Castle Rock plan and the Regional Open Space Study. J. Cyr asked what was being done about the year 2000 impact. C. Britton said D. Woods is working on it with a consultant, and they will keep the Board appraised. K. Nitz said at the docent planning meeting, one of the docents talked to him about the problem of bicycles on hiking only trails and asked what was being done about it. N. Hanko said the ad hoc wilderness committee had met and is working with staff to review policies to see what has and has not worked and to come up with new plan ideas. J. Escobar said any specific problem areas will be addressed. Meeting 98-17 Page 4 H. Hauessler praised bicyclists, stating he thought they were getting more courteous. C. Britton reported as follows: 1. He referred to the FYI about the gift of a 1/42 interest in the Kirschbaum property. 2. There was also a letter from Joint Venture Silicon Valley Network. He had been invited on behalf of the District to a program regarding regional issues including environmental quality. He said.that Fred Silva was there and talked about proposed legislation that would negatively affect special Districts. C. Britton suggested getting together with other agencies for advance agreements about property tax up front so that special districts might support such discussions. 3. He referred to a letter from Portola Valley regarding the undergrounding in connection with the Windy Hill parking lot. 4. He presented an update on the State budget. 5. He talked about his meeting with Paul Romero and Larry Coons regarding the Parks Bond and explained how the money would be split if a Park Bond Act appeared on the November ballot. J. Escobar showed the Board a sign that was posted at the top of the closed Moody Trail. J. Escobar showed a videotape of staff reviewing team agreements. IX. ADJOURNMENT At 8:40, the meeting was adjourned to a Closed Session to discuss Closed Session Agenda Item 3. Roberta Wolfe Recording Secretary Claims No. 98-14 Meeting98-17 Date: July 22+E51. 1998 Revised K8|[JPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4454 399.86 Acme & Sons Sanitation Sanitation Services 4455 57.72 Alamo Lighting Light Bulbs 4456 1'000.00 °1 All-Cal Title Company Acquisition Deposit 4457 478.89 All Laser Service Laser Cartridges 4468 1.500.00 Appraisal Research Corporation Appraisal Services 4459 11.83 AT8^ T Telephone Services 4460 2'438.00 BNY Western Trust Company Note Paying Agent Fees 4481 173.20 Baron Welding 8k Iron Works, Inc. Signs 4482 50.06 Barron Pork Supply Co. Water System Supplies � 4463 25.00 Bay Area Air Quality Management District Fuel Nozzle Permit � � 4484 109.07 Brenton Safety' Inc. Safety Supplies � 4465 2,535.00 Louis Bordi General Engineering Grading Services � 4466 5'464.00 Brian KangeaFou|k Drainage Study Conaultontm'TmagueHiU � 4467 525.00 Jane Buxton Patrol Map Book Q' ROSS Study Projects � � 4468 18,840.00 California Conservation Corps Landslide Repair Project Work � 4469 120.00 California Park /� Recreation Society, Inc. Membership Dues ' 4470 1'016.68 Cascade Fire Equipment Company Fire Supplies and Uniforms � 4471 710.75 Clark Labs, Clark University G|S Project Computer Expense 4472 10.72 C|ork'a Auto Parts & Machine, Inc. Vehicle Repair Porto 4473 1,800.00 Done Right Roofing 8kGutter Enterprise Roof Repairs 4474 285.85 Foster Bros. Security Systems, Inc. Padlocks 4475 4'391.50 Godbe Research 0kAnalysis Coastoide Follow-up Survey 4476 115.75 Federal Express Express K0nU 4470 574.01 Garden|mnd Power Equipment Field Supplies 4477 472.40 Goodyear Auto Service Center Tires 4478 115.36 GTE VVira|ano Cellular Phone Service 4478 1,149.10 Jens Hansen Company Progress Peynnent-NUndy Hill Project 4480 128.15 Home Depot Field Equipment 4481 5,186.36 JEOA Publications, Inc. K8ap/BrnchurePdnting 4482 28.00 Jobs Available Subscription Renewal 4483 4,740.00 Joo'o Tractor Service Skyline O|uo|ng 4484 44.00 Kevina Auto Repair Vehicle Smog Checks 4485 1,035.20 Lanier Worldwide, Inc. Copier Lease 4486 1,296.00 The Learning Institute Computer Training Class Vouchers 4487 202.36 Los Altos Garbage Company Liu/npmterServ|ce 4488 354.41 K8ehn Supply Company HeotroonnSupplies 4488 2'829.60 Julie McCullough Consulting-Reatromnm & Bridge Projects 4490 72.27 K8inton'o Lumber & Supply Field Supplies--Lumber 4491 72.54 Lucent Technologies Phone Maintenance Service 4482 2'029.78 Office Depot Office Supplies & Paper 4493 996.68 Orchard Supply Hardware Field Supplies and Tools � 4484 281.90 Oxford Tiro Recycling Tire Recycling ' 4485 1'217.54 Pacific Bell Telephone Services � 4496 150.15 LoroPateraon Reim buroennent--Un|fmrnnExpense � 4497 �.2O PeeronnAu1omnobi|eCornponY Vehicle Repair Post � 4498 519.72 PIP Printing Newsletter, Cards and Letterhead 4499 255.64 Pitney Bowes Credit Corporation Postage Meter Lease � 4500 8'100.00 Rana Creek Habitat Restoration Corp. Second Phase--Grassland Study Page Claims Nm. 98- 4 Meeting 88-17 Date: July 22. 1998 Remised K8|[JPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4501 14.28 Rancho Hardware Field Supplies 4502 34.13 Rayne Water Conditioning Water Service 4503 10.00 Rich's Tire Service Tire Repair 4504 108.25 Roberts & Brune Company Culverts--Lower Windy Hill Parking Lot 4505 2.060.76 Roy'o Repair Service Vehicle Repair & Maintenance 4506 114.75 Smfety'K|een Solvent Tank Service 4507 30.80 San Francisco Newspaper Agency Subscription Renewal 4508 75.35 San Jose Mercury News Dump Truck Bid Advertisement 4508 150.43 Second Cup Business Meeting Expense 4510 77.00 Sequoia Analytical Water Testing 4511 1'880.00 E.R. Sheehan Trail Construction Operator � 4512 136.01 Skyline County Water District Water Services � 4513 71.22 Gkyvvood Trading Post Diesel for Tractors � 4514 704.61 Standard Register County Warrant Printing 4515 9'941'80 Stevens Creek Quarry Road Grading Q' Base Rock 4516 324.76 Teater & Etc. Map Q' Sign Graphics 4517 386.14 ThernmoCcnp. HVACK8aintennnum � 4518 1'078.22 Turner & K8u|omrm Legal Services � � 4519 23.21 Unocal Fuel � 4520 1'205.66 U.S. Rentals Renta| Beckhna. Compactor OkK8mn|ift � 4531 2'247.47 VISA 268.O2-Enterprise Electrical Repair � GDO.Q0-Vo|unteer Event Site Fee 493.41-UniformmExpenses 699.26-Vehic|e & Boat Repairs 19.95-FiddSuppUea 87.71-ReoourcmDocuments � 117.6O-Earthqueke Safety Supplies � 15.13-Heoyc|ing Trash Cans 46.39-ConnputarCab|e � 4523 800'00 Roberta VVo|fa Recording Services � 4523 816.88 The Workingman's Emporium Uniform Expense � 4524R 431.98 Petty Cash Office Supplies, Vehicle Expense, Postage, Volunteer Event Supplies, Local Business Meeting Expense and Field Supplies � °1 Urgent Check Issued June 25, 1888 � TOTAL 80.454'60 � - � Page Peter P. Donohue (650) 367-9327 792 Arguello Street, Redwood City, CA 94063 U.S.A. Email: donohue@ix.netcom.com RESPONSE ACTION PROPOSED BY STAFF July 29, 1998 Hoard President Acknovledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Board of Directors Draft Response Attached Midpeninsula Regional Open Space District Staff to be Directed to Prepare Draft Response for board Consideration per 330 Distel Circle guard Directive(s) Los Altos,CA 94022-1404 No Response Necessary Dear Board Members: In the Basic Policy Revision Draft dated 7/23/98, I am very concerned with the wording of one section. In particular, under the Recreational Use and Improvements section, item C,the draft is written: "Low-intensity public recreational use of District land will be considered in two categories: 'Basic Use" and "Special Use". Basic Use is defined as access to pedestrians and reasonable accommodation for people with disabilities. This use is "basic" because it allows access to everyone with the lowest possible level of environmental impact, conflict between uses, and management cost. The District will typically open its lands to Basic Use as soon as an appropriate planning document is adopted and access and safety conditions can be satisfied. In cases of extremely sensitive resources,access may be seasonally or permanently limited. Special Use is defined as use that involves extra equipment or accouterments that creates potential environmental or management impacts beyond those of basic use. This includes such activities as bicycle riding, equestrians,dog walking, rock climbing,hang gliding,etc. Special Use will be accommodated based on a careful decision-making process, including adopted criteria for mitigating environmental impact,conflict with other uses, particularly Basic Use, and constraining planning or management costs to affordable levels. In this regard the District will carefully consider overall trends in use and try to be equitable in providing access to various user groups." I wholeheartedly disagree with this categorization of users. To state that pedestrians are the `basic' user group,while other current, standard uses are `special' is wrong. This special use categorization will turn these users into second class citizens. But these so called special users, including cyclists,equestrians, dog walkers, etc. are the majority of the users of our open space. Calling the majority of users special and making them second class citizens does not make sense. The section where it says"Special Use will be accommodated based on a careful decision-making process, including adopted criteria for mitigating environmental impact, conflict with other uses, particularly Basic Use..." is scary. This is giving too much power to pedestrian,the proposed basic users. Theoretically, if a hiker didn't want anyone else on the trail,they could start writing an inordinate amount of complaints in order to get the other trail users removed. This currently already happens as some who don't want to share what they call `their' trails send copious amounts of complaints, but the rules aren't so imbalanced to give these people an inordin ate amount of power. The way the policy is g P P P Y P Y drafted, it would now be codified that the have the power and the hikers could effective) remove all Y P Y special uses. The paragraph also states"the District will carefully consider overall trends in use and try to be equitable in providing access to various user groups." In order to be equitable,the amount of trails available should be proportionate to the amount of users. This means that bicyclists,as the largest user group, should be given access to the majority of the trails. And correspondingly, pedestrians should be given access to a much smaller proportion based on their usage patterns. Now, I don't want to see any low impact trail use limited(I firmly believe that multi-use works and benefits ail), but that is what this policy would seem to call for. And this change in policy already ignores your own goal of monitoring trends as this policy would effectively work towards excluding cyclists even as the number of cyclists continues to grow. This sure doesn't sound like you are considering overall trends. The section of the policy is showing a change of attitude within MROSD that I don't think is good for the District. From time to time,the District has to do unpopular things, such as use eminent domain. To help recover from these episodes,the District should be doing everything in its power to work with the users of the preserve,who are the ones most likely to support the district in hard times. But turning the majority of the Districts users into second class citizens will erode this support base,and could have severe consequences in the future. I don't believe the MROSD's Basic Policy is the place to be saying anything in detail about land use, other than "any allowed usage must protect and preserve the environment". It should be the job of the "Use and Management Policy" to determine specifically how each preserve is used,and such decisions should be made on a preserve by preserve(or trail by trail)basis. If a categorization is needed(which I don't think it is), my recommendation would be to categorize the use based on the type of facilities(trails, buildings, etc.)that the user groups need. Those users who stay on standard trails with low impact activities, in which I categorize hiking,jogging, equestrians,and cycling as examples,would be basic use. Those activities which go off of the trail or require special facilities would be special use. In this category, I would put hang gliding, rock climbing,off trail orienteering,camping, hiking off trail,etc. Studies have shown that the majority of the environmental damage is done when a trail is formed. Once a trail is there,the incremental damage from each successive user is minimal. Those impact which are low impact on the trails covered under the MROSD trail classifications should be categorized as basic. Sincerely, eter P. Donohue RECEIVE® J U L 3 1 1998 MIOPENINSUTA REGIONAL. OPEN SPACE DISTRICT L_Keith Ioan White, 02 .�,5 PM 7/29/98 , Policy Cha.. _ J Return-Path: keith.white@Eng. Sun.COM Date : Wed, 29 Jul 1998 14 : 35 :24 -0700 (PDT) RESPONSE ACTION PROPOSED BY STAPP From: Keith Ioan White <keith.white@Eng. Sun.COM> Board President Acknowledge/Respond Subject : Policy Change Director Acknowledge/Respond To: mrosd@openspace.org Staff Acknowledge/Respond Reply-to: Keith Ioan White <keith.white@Eng. Sun. Draft Response Attached Staff to be Directed to Prepare Draft Content-MD5 : InOaYINj+vGrBDLJfbB2ZA== Reapnnae rnr Ncard Consideration per Board Directive(s) X-Rcpt-To: mrosd@openspace.org No Response Necessary Please forward this to the board of directors . July 29, 1998 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board Members : I have recently become aware of proposed changes to district policies outlined in the Basic Policy Revision Draft dated 7/23/98 . I am greatly dismayed by the classification of basic and special uses and the rational behind this designation. It seems to me the assumption is that all people have feet, so hiking is a basic use, and everything else is a special use. I must admit, I do have feet, but it is on the rare occasion I hike . I much prefer to enjoy the open space preserves on a mountain bike, as do the majority of all open space users . All studies I have seen show that mountain biking is the dominant use, and therefore should be considered the basic use, and all other activities should be considered special . Of course I do not advocate classification like this and only mean to point out the specified designations do not meet the districts intent of providing open space experience to the majority of its constituents . All trails should be multi-use unless there are special circumstances . Describing access as the opposite of this destroys the good the district was intended to create . I love riding my bike in MROSD preserves, and I like to think I can support the effort to acquire more open space in this area . Please re-think this policy change to be inclusive, rather than exclusive. Sincerely, 18650 Overlook Rd Keith White Los Gatos CA 95030 Printed for Open Space District <mrosd@openspaae.org> 1 Ted Ganchiff, 05: 07 ._. 7/29/98 , You wil. V people 4nore this as Return-Path: tganchiff@elliottdickens .com From: "Ted Ganchiff" <tganchiff@elliottdickens .com> To: <mrosd@openspace.org> Subject : You people will ignore this as you always do, but what the hey. Date : Wed, 29 Jul 1998 17 : 07 :29 -0700 X-MSMail-Priority: Normal Importance : Normal X-MimeOLE: Produced By Microsoft MimeOLE V4 . 72 .2106 . 4 X-Rcpt-To: mrosd@openspace .org You folks fake being part of the process -- I guess I should too. To that end, here ' s my note . RESPONSE ACTION PROPOSED HT STAFF July 2 9, 1998 Hoard President Acknowledge/Respond Director Acknowledge/Respond Board of Directors Sxatf Acknowledge/Respond Midpeninsula Regional Open Space District -� � Draft Response Attached 330 D i s t e l Circle Staff to be Directed to Prepare Draft Response for Hoard Consideration per L o s Altos, CA 9 4 0 2 2-1 4 0 4 Hoard Directive a) `Dear Board Members : No Response Necessary '.. I have recently become aware of proposed changes to district policies outlined in the Basic Policy Revision Draft dated 7/23/98 . I am greatly dismayed by the classification of basic and special uses and the rational behind this designation. It seems to me the assumption is that all people have feet, so hiking is a basic use, and everything else is a special use . I must admit, I do have feet, but it is on the rare occasion I hike . I much prefer to enjoy the open space preserves on a mountain bike, as do the majority of all open space users . All studies I have seen show that mountain biking is the dominant use, and therefore should be considered the basic use, and all other activities should be considered special . Of course I do not advocate classification like this and only mean to point out the specified designations do not meet the districts intent of providing open space experience to the majority of its constituents . All trails should be multi-use unless there are special circumstances . Describing access as the opposite of this destroys the good the district was intended to create . I love riding my bike in MROSD preserves, and I like to think I can support the effort to acquire more open space in this area . Please re-think this policy change to be inclusive, rather than exclusive . Ted Ganchiff Printed for Open Space District <mrosd@openspace.org> 1 � Theresa Martin, 03:3> PM 7/27/98 land manageme! _ policy Return-Path : bsimon@Pacbell .Net RESPONSE ACTION PROPOSED BY STAFF Date: Mon, 27 Jul 1998 1 5 : 3 9: 3 0 -0 7 0 0 Board President Acknowledge/Respond To: mrosd@open. space.org DirectorAcknowledge/Respond From: Theresa Martin <bsimon@Pacbell .Net> Staff Acknowledge/Respond Subject : land management policy Draft Response Attached X-Rcpt-To: mrosd@openspace .org Staff to be Directedto prepare Draft Response for Board Consideration per Board Directives) Dear MROSD board members, No Response Necessary I am writing to you to express my concern over the new land management policy that divides users into two groups, basic users and special users . To me, basic use of the open space is day access for individuals who travel by foot, horse, or bike to make recreational use of the parklands . Special use would be group use, overnight use, or commercial use. I imagine a special permit (and possibly a fee in the case of commercial use) being required for those special uses. For example, in Marin the MMWD requires a permit for groups such as our local cross country teams to run on their lands . They charge a use fee for companies who want to film commercials on their lands, and they may offer overnight camping with a permit (they used to) . My basic problem with the suggested new policy is not so much the categories, but what groups fall within those categories . I think placing horseback riders and cyclists into a special use group that requires special consideration by the board before allowing them access does two negative things . One, it creates a bias towards the only user group currently in the basic use category - the hiker, and places the mtn. biker and the horseback rider into a less than equitable positions in the trail access paradigm. Two, it creates a situation where the board and staff of MROSD has the onus of determining what access to allow special users . This is bound to be a time consuming, politicized process that may well lead to a lose-lose situation. I think that the district has done more than enough divisive manoeuvring to date . This policy looks to me like another example of a board creating conflict and resentment. The spectre of the nuns still lingers in all of our minds as an example of such manoeuvring. These policies tarnish your public image and are unworthy of an "open space board. I think it is time to bring those of us who love the MROSD lands together. Please do not split hikers, bikers and horsemen and women further . My final comment is to remind you that as elections approach the public eye will once again turn to the board and the district . I live in La Honda, where the MROSD is considering expanding to. I would love to be able to tell my neighbors that the MROSD is an entity that is fair, respects the wishes of it ' s constituents, and provides first rate outdoor recreational activities to multi-users . Please reconsider your policy. Thank you, Theresa Martin La Honda Resident Associate Professor of Biology, CSM Avid runner, cyclist, hiker Printed for open space District <mrosd@openspace.org> 1 Regional Open ace 2 DRAFT RESPONSE -- PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Mr. Peter Donohue This response will also be sent to: 792 Arguello St. Ms. Theresa Martin Redwood City, CA 94063 Mr. Ted Ganchiff Mr. Keith White Dear Mr. Donohue: Thank you for your July 29 letter expressing your concern with proposed revisions to the District's Basic Policy. The Board of Directors reviewed your correspondence at its regular meeting last night. You have probably already received an e-mail from the District on this issue, via the ROMP e-mail list, which explained that consideration of final approval of the proposed revisions will not take place until a special workshop or Board meeting is scheduled in the near future in order to provide additional opportunity for public comment. District staff s recommendation, which was tentatively approved by the Board on July 8, 1998, is that hiking is the "basic" use provided for on District lands, and any other uses are a "special" use. This is consistent with historic operating procedure by the District. When a new trail is constructed or a new area opened to public use, it is generally not immediately available to multi-use. Instead, hiking is allowed as the basic use with the least impact, both on the environment and on the District's ability to manage the land. Other uses, including biking, horseback riding, or dog access are prohibited until such time as a comprehensive plan is developed that addresses the overall environmental and management issues of those uses. Currently, all trail uses except hiking are, to varying degrees, regulated and therefore already considered special uses. Nothing in the proposed revisions to the Basic Policy suggests or supports the closure of any existing trails to mountain bicycles, or any other uses. After final consideration of this item was scheduled for August 12, 1998, it became evident from the correspondence we received that the issue is deserving of additional public debate before being finalized. Therefore, final consideration of the proposed revisions to the Basic Policy was removed from the August 12 agenda. It will be rescheduled for a special workshop or meeting at which the Board will consider additional public comment before making a final decision. This meeting will be scheduled as soon as is reasonably feasible. District staff will notify you and other interested parties as soon as the meeting date and time are determined. Again, thank you for your letter. Sincerely, Betsy Crowder President, Board of Directors BC/mcs cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • 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 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond July 28`h, 1998 Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Jeffrey & Janice Fincher No Response Necessary 3341 Brittan Avenue 99 San Carlos, CA 94070 —-- — Betsy Crowder President, MPROSD 330 Distel Circle Los Altos, CA 94022-1404 Dear Betsy Crowder, My wife and I are writing to you in order to express our concern over the plan to remove Eucalyptus trees from the Pulgas Ridge Open Space. Our home is in the Brittan Heights condominium complex and directly overlooks the Open Space. Our property value and quality of life are directly affected by the views from our home, which is why we and our neighbors have been willing to contribute to the purchase of the Open Space. We consider the Eucalyptus trees to be an integral part of the visual impact of the Open Space, especially along the ridge. Their removal would seriously impact the quality of our views. We understand that the reasoning behind their removal is that they are"not native" and that their removal would make room for species that are"native". When it comes to the views from our home, the terms "native" and "not native" have no meaning. "Bald ridge" and "flat landscape" have meaning, along with phrases such as"several years to grow back". We also enjoy experiencing the trees while hiking on the trails in the Pulgas Ridge Open Space. We hope that you will seriously reconsider your plans to remove the Eucalyptus trees, and note our objections to their removal. Sincerely, , effrey L. Fincher RECEIVED ILI �D MI PENINSULA REGIONAL Janice Reisman Fincher OPEN SPACE DISTRICT Regional Open _ ace 1 DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Jeffery and Janice Fincher 3341 Brittan Avenue#9 San Carlos, CA 94070 Re: Eucalyptus Trees, Pulgas Ridge Open Space Preserve Dear Mr. and Mrs. Fincher: Thank you for your letter of July 28, asking us to preserve the Eucalyptus trees in Pulgas Ridge Open Space Preserve. We understand your feelings about these trees. They are picturesque and people have come to appreciate them as an integral part of the California landscape. However, the District, like the National Park Service and other resource protection oriented organizations, has determined that Eucalyptus are an invasive, non-native species that over time will crowd out native vegetation, and there is evidence that this is occurring at Pulgas Ridge. They also inhibit the growth of any vegetation beneath them, further reducing habitat values. Because the District's management responsibility is intended to protect the natural resources in perpetuity, we must consider the long term impacts of any action or lack of action. Because the Eucalyptus are not so invasive as the Acacia at Pulgas Ridge, they are currently a low priority for management, but ultimately we propose to remove them. We expect to be focusing on the Acacia for the next several years. When the time comes, the removal of the Eucalyptus would be done gradually, due to our limited financial resources, and to avoid significant visual impact. Attached for your information are excerpts from the District's adopted Resource Management Policies covering vegetation management. These policies were adopted with a great deal of research and public input, including consideration of the viewpoint you have stated. We are sorry we cannot comply with your request, but we hope this letter provides some reassurance that the removal of the Eucalyptus will be slow in coming and very gradual. Sincerely, Betsy Crowder, President Board of Directors cc: MROSD Board of Directors BC:bra 330 Distel Circle - Los Altos,CA 94022-1404 - Phone: 650-691-1200 FAX:650-691-0485 - 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 October 1994 VEGETATION MANAGEM NT ,Policies and Implementation Measures 4.1 Maintain the diversity of native plant communities. • As part of the Resource Management Plan for a preserve or geographic area: map and describe plant communities; analyze successional trends . using aerial photographs, sequential photographs from set photo points, and where necessary, plant transects; and formulate site- specific vegetation management goals. • Identify appropriate areas for restoring lost or altered native plant communities and restore them to a natural condition. This is often best done by restoring natural processes and controlling invasive plants, rather than by planting. (See 3.1.) • Manage native grassland sites to encourage reestablishment and perpetuation of California native grasses. • Manage oak woodland to encourage reestablishment and perpetuation of California native oaks. • Control invasive non-native plants. (See Section 6.) 4.2 Use native material occurring naturally on site or on similar sites for vegetation replacement or enhancement projects. • Use only local seed sources to revegetate or enhance degraded areas. The bqq source of native seed is topsoil taken from adjacent intact habitat and applied thinly. • Use fill,mulch, and seed mixtures that are as free as possible of non-native plants in restoration projects. Know where such materials come from. (See 8.1 for possible exception.) • Set up a District plant nursery or work with a local nursery to grow native plants needed for restoration projects. • To control erosion after fires, avoid seeding with rye grass, "Zorro" fescue, Harding grass, or other aggressive plants. Barley is preferable. • Use locally collected plant material that is biologically and visually appropriate to the surrounding wild landscape and appropriate to the stage of plant community development at the site. • Encourage District tenants to use native plants for landscaping to provide natural habitat. 4.3 Protect and enhance habitat for special status plant species. (Sneciat status plants include state and federally listed threatened, rare, and endangered species, species of special concern, and species listed by the California Native Plant Society.) • Identify the location and condition of special status plants and their habitats as part of the Resource Management Plan for a preserve or geographical area. • Conduct surveys for special status plants during the appropriate flowering season before significant site-specific development or any unusual anticipated increase in use. Modify the project or use to avoid impacting such plants. • Protect areas with special status species from human activities and other negative impacts such as erosion. Examples of protective measures include trail rerouting, signs, and fencing. • Do not transplant naturally occurring wild plants as a mitigation measure, except as a last resort. 4-3 RECEIVED JUL 2 2 ; MIDPENINSULA RECIQI,,°, July 19,1998 OPEN SPACE D1 � ✓i Dear Board of Directors: I love the great outdoors and truly feel we need to take care of what little spare land we have left. I have been a supporter of the Midpeninsula Regional Open Space District for several years. The reason I'm writing this letter Is because I became quite discouraged and disappointed at how many of these reserves and trails would not allow leashed dogs. I thought I had read in one of your newsletters that this was changing. As I love nature, I also love my dogs and they go hiking with me quite frequently. To my amazement when a few of my friends and I headed out to do a trail (Windy Hill) with my dogs it was fogged in. So we headed south in hopes to get away from the fog. Every open space we encountered would not allow dogs on the trails. They allowed horses but no dogs. A few of the trails even allowed bikes. After an hour and a half we had driven full circle in search of a trail that would allow my dogs. We eventually ended up at Fremont alder, and hiked a trail that we frequent. Until Midpeninsula can include responsible dogs and their owners who enjoy spending an afternoon on the trails amongst nature, I will no longer be sending in any donations. Please let me know if and when these policies will change. Sincerely, Sharon Clifford 5T� 2360 Damascus Ct. -- --- San Jose, CA 95125-4923 RESPONSE ACTION PROPOSED BY STAFF` (408)266-1658 Board President Acknowledge/Respond Acknavled a/Res Director 8 Dand =� Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft ResQon se for-Board Consideration per Board Dir 0ctive(s) No Response Necessary Regional Open , ,,ace DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATIDi"I Sharon Clifford 2360 Damascus Ct. San Jose, CA 95125-4923 Re: Dog Access Concerns Dear Ms. Clifford: Thank you for your letter of July 19 expressing concern about access for dogs to the open space preserves. The Board reviewed your letter at its regular meeting last night. We believe access for dogs has increased gradually and significantly over the years, consistent with our policy of cautiously expanding use to ensure that we can keep up our management responsibilities. We have enclosed information about the six District preserves that are currently open to dogs. Recent dog access review started with extensive research during 1994 and 1995 and culminated in expansion of access to Thornewood, Coal Creek, and Sierra Azul Open Space Preserves, and an off-leash area at Pulgas Ridge Open Space Preserve. At the same time one short trail was closed at Long Ridge Open Space Preserve. Through this research and debate we have identified the following factors: • A large percentage of dog owners (one-third to one-half) do not keep their dogs on a leash or clean up after them, in spite of signs, regulations, and the level of enforcement and education that we are able to provide. • A large percentage of users are bothered by this lack of adherence to dog regulations, although actual reported incidents are fairly rare. Opponents have been very vocal and have many valid arguments. • Dog s do have environmental impacts, probably more at a nuisance level than a threat of P Y exterminating local wildlife populations. Dogs have a direct impact in the visibility of the wildlife to visitors and man le object to the idea that the will harass or kill YP�P J Y wildlife. In recent public participation meetings the District asked a broad cross section of constituents and stakeholders about access priorities, and there was clear feedback that the District should limit all forms of public access to ensure its ability to manage the land and conserve money for open space protection. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • 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 Sharon Clifford August 13, 1998 Page 2 Such limits should be fair to different user groups, and there is always more work to be done to make it so, but it is incumbent upon the Board to be cautious about adding new use, especially when it has proven to be controversial. We ask for your patience and cooperation with our efforts to judiciously address the dog access situation. As we gradually add land and access to the preserves we do hope to include more access for dogs. Sincerely, Betsy Crowder, President Board of Directors bra/BC RECEIVED July 15 , 1998 J U L i 6 hl,98 MOPENINSULA REGi0i:!"d. c CI'I"r'� vi0 r.^r r'. .. I. Board of Directors , MROSD 330 Distel Circle Los A1tos ,CA 94022 Dedication of Parking Area , Windy Hill Some two weeks or so ago I received from you a notification that the dedication of the Windy Hill Parking lot would be dedicated on July 15 , 1998 , at LOAM. So I planned accordingly, made doctors dates for the afternoon, cleaned my horse, and myself , and rode to the LOAM dedication. There I was informed by rangers at work that the dedication was to be at 4PM. There is always one poor soul that doesn ' t get the word. I read the SF Chronicle every morning,and the San Jose Mercury News every evening, and failed to find any change in the newspapers . Nor did I receive any official notification of a time change. I am disgusted and disappointed . 1 Harry He Haeussler, Jr. 1094 Highlands Circle Los Altos , CA 94024 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond T Staff Acknowledge/Respond --d----� Draft Response Attached Staff to be Directed to Prepare Draft Respons for-Board Consideration per i Board Drectives) No Response Necessary Regional Open . • ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Harry Haeussler 1094 Highlands Circle Los Altos, CA 94024 Dear Harry: The Board reviewed your July 15 letter at its regular meeting last night. We were very sorry to learn that you missed the Windy Hill parking lot dedication because you believed the event was scheduled for 10:00 a.m., instead of 4:00 p.m. According to District staff involved, the event had not at any time been scheduled, even tentatively, for 10:00 a.m. It was always planned to be a late afternoon event. Staff is unaware of any kind of notification which you may have received that indicated a 10:00 a.m. start time. The news release distributed on June 17, which was the primary means of publicizing the event, indicated that the event would begin at 4:00 p.m. Again, we're so sorry that you missed this event, which was attended by about 30 people including three Board members, a member of the Portola Valley Town Council, and numerous members of the public. I apologize if we were in any way responsible for any confusion as to the time of the event. Sincerely, Betsy Crowder President, Board of Directors BC/mcs cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Nanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open S,dce R-98-102 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-18 August 12, 1998 AGENDA ITEM 1 AGENDA ITEM Proposed Addition of Lindner Property to Mt. Umunhum 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 Lindner property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Lindner property as an addition to the 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 map) The 160.0 acre property being considered for acquisition is located approximately halfway between Mt. Umunhum and Loma Prieta. The parcel is situated 0.2 miles northeast of Loma Prieta Road, which runs along the ridgeline between these two peaks. The property is bounded by District land on four sides; private property is adjacent to the northeast. There is no improved access to the property, nor are there any structures. The property is situated in the upper watershed of Herbert Creek, which flows northeasterly into Almaden Reservoir. The property spans across two prominent ridges, which define a narrow canyon that serves as the headwaters of a major tributary to Herbert Creek. Elevation ranges from 2,894 feet on the western ridge to 1,545 feet in the canyon bottom. The property's ridges and steep slopes are densely covered with chaparral and scrub oak vegetation, while the canyon bottom is forested with mixed evergreen and riparian vegetation. The canyon bottom is also widely scattered with large Douglas fir trees. The diverse vegetation contributes to the area's value as wildlife habitat for a wide variety of species, and it is likely that the canyon functions as a wildlife corridor for deer and mountain lion traveling between Loma Prieta Ridge and the lower reaches of Herbert Creek. The property is an important addition to the Sierra Azul Open Space Preserve because it will protect the integrity of the upper Herbert Creek watershed, maintain the area's value as wildlife habitat, and protect the dramatically scenic backdrop of the Loma Prieta-Mt. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • 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-98-102 Page 2 Umunhum ridgeline. The property is highly visible from Bald Mountain and many points within the Herbert Creek watershed. USE AND MANAGEMENT PLAN Planning; Considerations The property is located within an unincorporated area of Santa Clara County and zoned Hillside (HS), requiring a 20- to 160-acre minimum lot size, dependent upon average steepness of slope. The property is in the immediate vicinity of a proposed segment of the Bay Area Ridge Trail, as indicated in Santa Clara County's Trails Master Plan. The property is rated in the District's Master Plan as having a very high composite open space value, and is important in terms of wildlife habitat, watershed, and scenic hillside protection. Preliminary Use and Management Recommendations Public Access: Designated Conservation Management Unit; public use will not be encouraged. Trail Designations: No trails or roads are designated for trail use. Dedication: Indicate your intention to withhold the property as public open space at this time. Name: Name the property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve. Signs: Install Private Property and Preserve Boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CAA COMPLIANCE Project Descri ti,�on The project consists of the acquisition of a 160.0 acre parcel of land as an addition to the 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. R-98-102 Page 3 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 that 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 that the actions may have a significant effect on the environment. TERMS & CONDITIONS This 160-acre parcel is a single rural residential site. The purchase price of$160,000 ($1,000 per acre) is payable in cash at the close of escrow, and is considered fair and reasonable based upon real estate market activity in this area. BUDGET CONSIDERATIONS 1998/1999 Budget for Land Acquisition New Land Budgeted for Acquisition $11,303,000 New Land Purchased this year (1,226,000) Nead Acquisition proposed on this agenda (200,000) Lindner Acquisition proposed on this agenda (160,000) Acquisition Budget Remaining $ 9,717,000 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 of Sierra Azul Open Space Preserve for protection of watershed, wildlife habitat and scenic backdrop. R-98-102 Page 4 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: Matthew Freeman, Open Space Planner Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District \ pom ROa / \ 1 ,. 2400 ? ji y%Q�• INt.Thayer s- iQ3,483' 2600 -- zsoo P� Mt.U um num h Bald � 3;486' .• �` Mountain i� J ; 2,38- f' CLOSE© s rr AREA f J 3 a r JJJ r / PROPOSED ` ACQUISITION LINDNER ' (±160 AC.) i L.Ro' 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile � r> EXHIBIT A: PROPERTY LOCATION MAP 7/98 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE M[IDPENINSULA 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 LINDNER ET. AL.) The Board of Directors of the M[idpeninsula 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 Francis C. Lindner, Surviving Co-Trustee of the Lindner Family Trust, Et. Al. and the M[idpeninsula 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 is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2,000 to cover the cost of title insurance, escrow fees, 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$160,000 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 M[idpeninsula 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 the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably 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 the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. PURCHASE AGREEMENT This Agreement is made and entered into by and between Francis C. Lindner, Surviving Co-Trustee of the Lindner Family Trust, as to an undivided 8/12 interest; Evelyn D. Casazza and Susan C. Lujan, Co-Trustees of the Casazza Family Bypass Trust and the Casazza Marital Q-Tip Trust, as to an undivided 2/12 interest; the Casazza Family Partnership, a California Limited Partnership, as to an undivided�'-/12 interest; and Susan Lujan, a married woman as her sole and separate property, as to an undivided 1/12 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 an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, EREAS, 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 Sate. 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 Sixty (160) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-21-002. Said property being further described in the Legal Description attached to Preliminary Title Report number 98170645 from North American 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". I Purchase Agreement Page 2 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be One Hundred Sixty Thousand and No/100 Dollars ($160,000.00), 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 North American Title Company, 335 North Santa Cruz Avenue, Los Gatos, CA 95030, (408) 395-9008 (Escrow number 98170645) 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 September 11, 1998, 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 Fifty-Nine Thousand and No/100 Dollars ($159,000.00) which is the balance of the Purchase Price of One Hundred Sixty Thousand and No/100 Dollars as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 11 of this Agreement. W Purchase Agreement Page 3 (e) Seller shall pay 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. (f) Seller shall cause North American 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$160,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exception 3 as listed in that certain Title Report number 98170645 as issued by North American Title Company dated May 13, 1998 (Exhibit A) and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole 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 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. RiLyhts 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. I..eases or Occ=nancy 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, Purchase Agreement Page 4 including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 at v4. 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. (a) Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. (b) Vaud 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. (c) Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemni and defend D' 'ct from and against any claims made by any thin party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of 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 Purchase Agreement Page 5 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) Roresentations 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, 4k Purchase Agreement Page 6 placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. (c) Indemnity. 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 ro except when an hazardo us substance contamination was caused solely b District. 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 an Y and all costs of remediation and cleanup, except when such contamination was caused solely b District. In addition to an remedies provided in this subsection in the event Hazardous Y Y 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 and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Pro perty.Pert}'• 9. Waiver of Statutory Com=sation. 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 anycorresponding California Government Code Sections. 10. Miscellaneous Provisions. • Purchase Agreement g Page 7 (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) 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. (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 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: Purchase Agreement page 8 Seller: Thomas Casazza, Esq. 400 Capitol Mall, 11 th Floor Sacramento, CA 95814 (916) 492-6767 FAX (916) 492-6768 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 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. (f) Sever-ab�. 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) Counterl=. 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. (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 f Purchase Agreement Page 9 (i) 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. 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. 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. (1) 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. (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. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. (p) Cautions. 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 f o this Agreement, nor as evidence of intentionr the of the parties hereto. g � p (q) 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. Purchase Agreement Page 10 (r) 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: (i) Within 10 days after a notice by either party to the other requesting arbitration and stating the basis of the party's claim, each party shall appoint one arbitrator, notifying the other party of the appointment when made; (ii) 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. (iii) The arbitration shall be conducted under Code of Civil Procedure §§1280-1294.2. Hearings shall be held in Santa Clara County, California. (iv) 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 I?YI'CIALING 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. SELLER INITIAL BUYER MIL C �— Purchase Agreement Page 11 11. A_gopt - Provided that this Agreement is executed by Seller and delivered to District on or before July 20, 1998, District shall have until midnight August 12, 1998 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. 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. 1/1 lIl IIl Purchase Agreement Page 12 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: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Frances C. Lindner, Surviving Trusge of the Lindner Family Trust ACCEPTED FOR RECOMMENDATION Date: Michael C. Williams, Real Property E elyn D. asazza, Co-Trustee of e Representative Casazza Family Bypass Trust and the Casazza Marital Q-Tip Trust APPROVED AS TO FOR Date: ! 5wuG-� "� Sue Schectman, District Counsel *Susan'�T6rus*4oi�f the Casazza Family Bypass Trust and the Casazza Marital Qip�rus�� Date: "' L. Craig Britton General Manager The Casazza Family Partnership Date: APPROVED AND ACCEPTED: Susan Lujan President, Board of Directors Date: AST: District Clerk Date: i Purchase Agreement Page 12 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: MIDPUUD_--[SIJl,B REGIONAL. OPEN SPACF DISTRTCT Frances C. Lindner, Surviving Trustee of the Lindner Family Trust ACCEPTED FOR XE!2QMMFN,ATION Date: Michael C. Williams, Real Property Evelyn D. Casazza, Co-Trustee of the Representative Casazza Family Bypass Trust and the Casazza Marital Q-Tip Trust APPROVED S TO FOR Date: Sue Schectman, District Counsel Susan C. Lujan, Co-Trustee of the Casazza Family Bypass Trust and the Casazza RECOMMF-NDED FOR APPROVAL: Marital Q-Tip Trust Date: C:L. Craig Britton . General Manager Thee- he F . ' y P Date: APPROVED AND A _ _P D: Susan Lujan President, Board of Directors Date: ATE: District Clerk Date: `NORTH /TITLE ICAN DIRECT ALL INQUIRES TO: Escrow Officer CINDI RHOD ■�COM NY Es PA Telephone No. 40 p 8/395-9008 Our No.: 98170645 June 10, 1998 I MID PENINSULA OPEN SPACE DISTRICT 330 DISTEL CIRCLE LOS ALTOS, CALIFORNIA 94022 ATTN: MIKE WILLIAMS PROPERTY ADDRESS NO SITUS (RAW LAND) Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANC E, North American Title Company, Inc. 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 HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT UST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. 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 POLICY TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of MAY 13, 1998 VICTORIA MANGAHAS at 7:30 A.M. Title Officer 335 North Santa Cruz Avenue, Los Gatos, California 95030,(408) 395-9008 EXHISIT The form of policy of title insurance contemplated by this report is: ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: FRANCES C. LINDNER, SURVIVING CO-TRUSTEE OF THE LINDNER FAMILY TRUST, AS TO AN UNDIVIDED 8/12 INTEREST; EVELYN D. CASAZZA AND SUSAN C. LUJAN, CO- TRUSTEES OF THE CASAZZA FAMILY BYPASS TRUST AND THE CASAZZA MARITAL Q- TIP TRUST, AS TO AN UNDIVIDED 2/12 INTEREST; THE CASAZZA FAMILY PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, AS TO AN UNDIVIDED 1/12 INTEREST; AND SUSAN LUJAN, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/12 INTEREST EXHIBIT 1- Page 2 of 7 Order No. 98170645 Description: The land referred to herein is situated in the State of California, County of SANTA CLARA, IN AN UNINCORPORATED AREA and is described as follows: THE FRACTIONAL NORTHWEST QUARTER N.W. 1/4 OF SECTION 21 TOWNSHIP ( ) 9 SOUTH, RANGE 1 EAST, MOUNT DIABLO MERIDIAN. ASSESSORS PARCEL NO.: 562-21-002 raj%nib1 Page 3 of 7 Raps of-L-L Order No. 98170645 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 General and special property taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 1998/1999. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. THERE APPEARS TO BE NO RECORD ACCESS TO OR FROM THE SUBJECT PROPERTY. 4. THE REQUIREMENT THAT AN AFFIDAVIT DEATH OF TRUSTEE BE RECORDED FOR CONRAD H. LINDER, JR., CO-TRUSTEE OF THE LINDER FAMILY TRUST. 5. WE FIND NO STATEMENT OR CERTIFICATE OF PARTNERSHIP OF RECORD FOR: THE CASAZZA FAMILY PARTNERSHIP AS PROVIDED FOR IN SECTIONS 15010.5, 15679.1 OR 16105 OF THE CORPORATIONS CODE. PRIOR TO THE ISSUANCE OF ANY INSURANCE WE WILL REQUIRE: A) A COPY OF THE PARTNERSHIP AGREEMENT B) APPROVAL OF THIS TRANSACTION AS PROVIDED FOR IN THE PARTNERSHIP AGREEMENT, AND C) A STATEMENT OF CERTIFICATE OF PARTNERSHIP AS PROVIDED FOR IN THE ABOVE REFERENCED CODES. EM113111, Page 4 of 7 '=Mimi- Order No. 98170645 6. Any invalidity or defect in the title of the vestees in the event such trust is invalid or fails to confer sufficient powers in the trustees, or in the event there is a lack of compliance with the terms and provisions of the trust instrument. This company will require a certification from the current trustee(s) stating said trust is in full force and effect and there have been no changes except as set forth. 7. The community interest of the spouse, if any, of SUSAN LUJAN. 8. This Company will require that the spouse of the Vestee named below join in any conveyance or encumbrance before such transaction can be insured. Vestee: SUSAN LUJAN END OF EXCEPTIONS EMINT Page 5 of 7 �1 � W r Order No. 98170645 40 INFORMATIONAL NOTES: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 1 16/1 16.2. There are no conveyances affecting said land recorded within 24 months of the date of this report. This charge for a policy of title insurance, if issued through this title order, will be based on the basic insurance rate. Note: Effective March 1, 1979 there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your Escrow Officer or Title Officer. General and special property taxes for the fiscal year shown below have been paid. Fiscal Year: 1997-1998 Total Amount: $409.88 First Installment: $204.94 Second Installment: $204.94 Land: $16,303.00 Code Area: 72-007 Parcel Number: 562-21-002 6/10/98 EF EXH1W Page 6 of 7 P Order No. 98170645 i 1� GOOD FUNDS LAW CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES: ' SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. ' NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH A CHECK AGAINST A FDIC INSURED BANK). ' 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A "HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.) NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. IRS FORM 1099 BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A 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 SERVICE. NOTICE OF A WITHHOLDING REQUIREMENT THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862) ON SALES OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3 113 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR ` A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN 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: ' THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER 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 THE SELLER,WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER 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 SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. IN THE EVENT THE BUYER REQUIRES WITHHOLDING OF THE 3 1/3 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 95812-0651 (916)845.4900. F.Y.-Horr 14 Page 7 of 7 Pi`; Order No. 98170645 UNORTH MERICAN ICOMPANY ����7F��/� ����l[��^ � "��� " ~°~, NOTES: =~~~. DON^TDELAY YOUR CLOSE OF ESCROW! &F ANY 0FTHE FOLLOWING ITEMS AFFECT YOUR TRANSACTION, PLEASE NOTIFY YOUR ESCROW OFFICER AS SOON AS POSSIBLE. Ongoing Construction � The Title Company will require, as a minimum, the following prior to insuring: A. Valid Notice of Completion verified bV inspection and expiration of80 days from recordation of said notice or; B. Approved Indemnities from Borrower/Seller, approved financial statement not over one year old and a waiver of lien rights from the general contractor. ' 1. The Title Company may also require proof of payment of subcontractors, indemnity and financial statement from the general contractor, a copy of the contract and the with-holding of o sum oy money, to cover the contract until the mechanics lien period has expired, with or other assurances � ^ � tobe determined ona case by case basis. U. Bankruptcy � The Title Company will require, as a rnin|rnurn' the following prior toinsuring: | A. The bankruptcy case be closed or, B. An order from the bankruptcy court verifying the transaction, with a demand p|enod into escrow by the trustee. 1. Escrow may not close until 15 days have elapsed from the order and the file has been checked to verify that there are no objections tosaid order. Abstracts of Judgment, Lienm. Tex Liens The Title Company will require, as e minimum, the following prior to insuring: A. Proof that the buyer/seller |m not the same party emon the recorded liens. . 1.Thio is accomplished by the buyer/seller/borrower completely filing out and signing o statement mfinformation. B. The items are to paid off in escrow. C. The items are toba subordinated to the new transaction. � UV. Community Property � California is a community property state. � A. A quitclaim from one spouse 10 another must specifically quitclaim any community property interest. B. An interlocutory decree nfdivorce specifically granting the property to one spouse im sufficient ifa final decree io issued and recorded |nthe county. EMBmT - •�- ,~OFFICE OF�COUNTY ASSESSOR•"'SANTA CLAM COUNTY, CALIFORNIA D 0 0 N P A G E . 562 :..., 2_1 22 T.9 5.,R.1 E. 25 23 R.0.S. 4 r9/A? IK It. ob :cc�t'u (,tnnC� 4 . ;(•2.T,u1 3 i(.t.7;AC� 2 4(41.71 u) I .� • (157.94 AC) E0.,. ,..r. 1 1 I61.30 AC.TOTAL 1 MID PENINSULA REGIONAL OPEN SPACE DISTRICT �(,L{AAC) 5 1(44.94 Ad 6 I(AL►,AC) 2 :(41.94Ad I 1 I 1 4 1 329.30 AC.TOTAL I 1 I � SCAL[ f'•S c IN.( 21 — ,—moo" ��- .,l --- -r • --..2•9_._.... ... .. . ..... . ._ .. _ ... .... _.. 19 I 157.94 ,pb r.oA•cl (.:.ILAC) 12 1(4 11 1.16W Ip 9 $0 4. HI iN.00 I 1 1 I 1 ( 1 MIDPENINSULA REGIONAL OPEN I (IG3.10 A.C.TDTAL) I0.10 AL-TOTAL SPACE DISTRICT I I 1 (4011AC) 13 i(.on•cj 14 �(uT3A<) 1s 16 '21 UML 1ti' Ii ; I 1 1 h V I 1 �•r i�`*0 11 20 ..CGAIRLEC IN cmroI14ANCE,diil,Et r a list RMNYE,TA,U71411 c000'.•T • *' p/ECTN[PATE•WAtlI I,H,A•�'. .'ALFRED E.C►RLRON-ASStSSOR I 'THE INFORMATION ON THIS PLAT IS PROVIDED FOR YOUR CONVENIENCE AS A GUIDE TO THE GENERAL LOCATION OF THE SUBJECT PROPERTY THE ACCURACY OF THIS PLAT IS NOT GUARANTEED.NOR IS IT A PART OF ANY POLICY,REPORT OR GUARANTEE TO WHICH IT MAY BE ATTACHED.- I NORTH IVIERICAN ATITLE COMPANY DID YOU KNOW? Any of the following situations could cause a substantial delay in close of escrow. The earlier we are made aware of potential problems, the earlier the issues can be dealt with to ensure a smooth and timely close of your transaction. Are your principals trying to accomplish a tax deferred exchange? If so, have they chosen an intermediary and who is it? Will any of the principals be using a Power of Attorney? Are any of the vested owners deceased or in any way incapacitated? Do all of the principals who will be signing have a current photo I.D. or Driver's License? Have any of the principals recently filed for bankruptcy? Are the sellers of this transaction residents of California? Has there been a change in marital status of any of the vested owners or will we be adding anyone to title, i.e. co-signers, additional insured, etc.? Is the property currently vested in a trust or will the new buyer/borrower vest in a trust? Are any of the trustees of the trust deceased or incapacitated? Will this transaction involve a short sale? Will there be a new entity formed, i.e. partnership, corporation? Will all of the principals be available to sign or will we be Federal Expressing documents to another state/country? If so, where? If you have any other information which may be useful to us, please contact your escrow officer as soon as possible. Our goal is to make your transaction as easy and trouble-free as possible. We appreciate your business and hope that you find North American Title Company your company of choice for all of your title and escrow needs. EMISff Pegs .0f.0 I EXHIBIT A L' ' PRINTED EXCEPTIONS AND EXCLUSIONS V .y Type) CALIFOF AND TITLE ASSOCIATION STANDARD COVE POLICY - 1990 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. Proceedings by a public agency which may result in taxes or assessment, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights interest 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 matters excepted under(a), (b),or(c)are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(1)the occupancy, use, or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or Ov) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice 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. 2. 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 the 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; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 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 the 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 lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character dimensions or locations of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at date of policy. 3. Defects, liens, encumbrances, adverse claims, or other matters(a)created, suffered, assumed or agreed to by the insured claimant,(b)not known to the company and not shown by the public records but known to the insured claimant either at dated of policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant, (d)attaching or created subsequent to date of policy, or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. EXHIBIT 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the exceptions in schedule b, you are not insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: ' and use ' improvements on the land • land division ' environmental protection this exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in items 12 and 13 of covered title risks 2. The right to take the land by condemning it,unless: ' a notice of exercising the right appears in the public records on the policy date. ' the taking happened prior the policy date and is binding on you if you bought the land without knowing of the taking. 3. Title risks: ' that are created,allowed, or agreed to by you ' that are known to you, but not to us, on the policy date-unless they appeared in the public records. ' that result in no loss to you ' that first affect your title after the policy date-this does not limit the labor and material lien coverage in item 8 of covered title risks. 4. Failure to pay value for your title. 5. Lack of a right: ' to any land outside the area specifically described and referred to in item 3 of schedule a, or ' in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in item 5 of covered title risks. Standard exceptions (A)any rights,interests or claims of parties in possession of the land not shown by the public records. (8)any easements or liens not shown by the public records.This does not limit the lien coverage in item 8 of the covered title risks. (C) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced remow coverage in item 12 of covered title risks. (D)any water rights,claims or title to water on or under the land. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a)Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances,or regulations)restricting, regulating, prohibiting or relating to(1)the occupancy, use,or enjoyment of the land;III)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation of theses laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) any governmental policy 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. 2. 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 the 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 lien for services, labor or material or 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 mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable'doing business"laws of the state in which the land is situated. 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 lending law. EXHIBIT Pagexlof i 6. Any statutory lien for services, labor or r is (or the claim of priority of any statutory lies rvices, labor or materials over the lien of A. insured mortgage) arising from an improvem work related to the land which is contracted fL commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds or Lne indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'rights laws,that is based on; (1)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or (11)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (Ill)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure; (a)to timely record the instrument of transfer; or (b)of such recordation to impart notice to a purchaser for value or a judgment or Tien creditor. 5.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (A) any law, ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations), restricting, regulating,prohibiting or relating to(1)the occupancy, use or enjoyment of the land, 00 the character, dimensions or location of any improvement now or hereafter erected on the land, (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or(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 defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. (B)any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior the 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 but not known to the insured claimant and not disclosed in writing policy, g to the company by the insured claimant prior to the date of the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d)attaching or creating subsequent to date of policy, or (a)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankrup tcy, state insolvency or similar creditors' rights law that is based on: M the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer,or 00the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument or transfer, or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FROM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of he land,or the effect of a violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of such rights appears in the public records at date of policy. 3. Defects, liens, encumbrances, adverse claims, or other matters(a)created, suffered,assumed or agreed to by the insured claimant; (b)not known to the company, and not shown by the public records but not known to the insured claimant either at date of policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the company prior to the date such insured claimant became an insured hereunder, (c)resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy, (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy) EXHIBIT iq Page ot� 4. Unenforceability of the lien of the insured 9ge because of failure of the insured at date of y or of any subsequent owner of the indebtedness to comply with applicable "doing business'la% the state in which the land is situated. 46 7. ALTA. Plain Language Owner's Policy(6187) America First Protection Added(6/1/97) • EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss,costs, attorney's fees, and expenses resulting� P from: 9 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a)land use (b)improvements on the land (c)land division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the coverage described in items 12c and d, 13 and 18 of Covered Title Risks. 2. The right to take the land by condemning it,unless: (a)a notice exercising the right appears in the public records on the Policy Date (b)the take happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a)that are created, allowed, or agreed to by you (b)that are known to you, but not to us, on the Policy Date--unless they appeared in the public records (c)that result in no loss to you (d)that first affect your title after the Policy Date--this does not limit the coverage described in items 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title 5. Lack of a right: (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A or (b)in streets, alleys or waterways that touch your land This exclusion does not limit the coverage described in Items 5 and 12a of Covered Title Risks. Standard exceptions: (a)any rights,interests or claims of parties in possession of the land not shown by the public records. (b)any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered risks. (c)any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of the covered title risks. (d)any water rights, claims or title to water on or under the land. 8. ALTA Loan Policy-Form 1 (10/17/92) America First Protection Added(6/1/97) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which may arise by reason of: 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 location of any improvement now or hereafter erected by 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 (iv) environmental protection, or the effect of any violation of these laws,ordinances or government regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy (b)Any governmental policy power not excluded by(a)above, except to the extent that a notice of 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. This exclusion does not limit the coverage under insuring provisions 14, 15, 16 and 24 of this policy. ovu 0041SIT of s 2. Rights of eminent domain unless notice of r' •cise thereof has been ,ecorded in the Public P 's at Date of Policy, but not excluding from ' coverage any takingwhich has occurred riot of Policy, but not excluding m from v P coverage e a in which as Y occurred prior 9 9 9 or to Date ate of Policy which would be binding on the rights of a pure, for value without Knowledge. 3. Defects,liens, encumbrances, adverse claims or other matters: ('51 created, suffered, assumed or agreed to be 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(this paragraph (d)does not limit the coverage provided under insuring provisions 7, 8, 19, 20, 21, 23, 24 and 25);or (a)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: (a)usury, except as provided under insuring provision 10 of this policy; or (b)any consumer credit protection or truth in lending law. 6.Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. 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: (a)the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b)the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c)the transaction creating the interest of the Insured Mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i)to timely record the instrument or transfer;or Oil of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charges thereon, over liens,encumbrances and other matters affecting title,the existence of which are Known to the Insured at: (a)the time of the advance; or (b)the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. EXHIBIT h S Page of Regional Open .' . .ice R-98-104 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-18 August 12, 1998 AGENDA ITEM 2 AGENDA ITEM Proposed Acquisition of Undivided One-Half Interest in the Nead et al. Property as an Addition to Long Ridge Open Space Preserve l- \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 one-half interest in the Nead et al. property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Nead et al. property as an addition to Long Ridge Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION(see attached map, The 80-acre property is located adjacent to Portola State Park and west of Long Ridge Open Space Preserve. The heavily wooded property is within the Oil Creek watershed and is easily viewed from public trails on the Long Ridge Open Space Preserve and along State Highway 9. Ward Road Trail, a major regional trail connection between Long Ridge Open Space Preserve and Portola State Park, lies within 500 feet of the northwest corner of the site. The acquisition of one-half interest in the property will help ensure the protection of valuable watershed and wildlife habitat and could someday provide a desirable trail route between the upper portion of Portola State Park and the southeastern portion of Long Ridge Open Space Preserve adjacent to State Highway 9. The property is bounded by Portola State Park to the north and west, and private property to the south and east. Gentle slopes and shaded woodland characterize the upper northwest corner of the property which is the most accessible portion of the site. The majority of the property has densely forested hillsides descending steeply down to Oil Creek which bisects the southeast corner of the property. The south-facing slopes are largely comprised of a mixed evergreen forest that includes Douglas fir, madrone, tanoak, bay and redwoods. The redwoods are second growth and are most often seen sprouting from stumps of old growth trees harvested long ago. There are larger stands of redwood trees on the south side of Oil Creek in lateral ravines intersecting with 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosdr+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 R-98-104 Page 2 Oil Creek. Oil Creek is a boulder-laden perennial creek with moderately steep banks and dense riparian vegetation. Improvements to the property include unsurfaced roads, house trailers and a number of auxiliary structures. At one time, a recreational paintball enterprise operated in a gentle swale near the northwest corner of the property and was accessed from a driveway intersecting with Ward Road. The driveway currently accesses the property on top of a knoll above the swale where there are two trailers, two containers and various small structures. Electrical service wires extend from a generator near the trailer to the center of the swale where lights and concession stands were located in conjunction with the paintball activity. From the swale, an overgrown road descends approximately three quarters of a mile down the steep south-facing slope to Oil Creek where it may have at one time crossed the creek and connected to State Highway 9, but is now completely overgrown and undetectable. USE AND MANAGEMENT PLAN Planning Considerations The property lies within the unincorporated area of San Mateo County and is zoned Timber Production(TPZ), having potential residential development density of two units. The only access to the property is through Portola State Park or Long Ridge Open Space Preserve. There is currently no'timber harvest plan for the property and the timber is generally too limited to harvest in the near future. Ward Road Trail, an existing regional trail connection between Long Ridge Open Space Preserve and Portola State Park, is located within 500 feet of the northwest corner of the property. A section of the Skyline to the Sea Trail lies within 1'/i miles of the property and is located on a portion of Long Ridge Open Space Preserve that borders State 11iighway 9. The property is outside the District's boundary but within the District's Sphere of Influence. The property's composite open space value is rated moderately high in the District's Open Space Master Plan. The Draft Regional Open Space Study Map shows existing major trails that include the Skyline to the Sea Trail, Ward Road Trail, and a potential trail in the vicinity of Oil Creek. The District is acquiring an undivided one-half interest in the property and use and management of the property will be based upon agreements with the owners of the remaining one-half interest in the property. Preliminaa 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 complete. Future land use decisions, including plans for public access, will be based on agreements with owners of the R-98-104 Page 3 remaining one-half interest in the property and further investigation of the property. Public Access: Closed to the public at this time. Trail Use Designation: No trails or roads are designated within the property at this time. Patrol: Regularly patrol the property. Signs: Seek agreement with owners of remaining one-half interest in property to install appropriate signs, including closed area signs. Dedication: Indicate your intention to withhold the property from dedication as public open space at this time. Name: Name the property as an addition to Long Ridge Open Space Preserve. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEOA COMPLIANCE Project Description The project consists of the acquisition of an undivided one-half interest in an 80-acre parcel of land as an addition to Long Ridge 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, closed to the public and maintained in a natural condition. CEOA 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 that the land will not be developed and that it 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. This 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. R-98-104 Page 4 This acquisition will transfer ownership of the property to the District and ensure that 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 & CONDITIONS The purchase price for the undivided one-half interest in this 80-acre property is $200,000. This price represents a discount for the one-half interest being acquired based upon recent real estate market activity in the area. This property is subject to an agreement between the property owners which gives the remaining one-half interest holder a 30-day right of first refusal. The required notice will be sent to the remaining interest holder by the Seller upon Board approval of this acquisition. If this right of first refusal is exercised, the District's purchase of the Nead undivided one-half interest will not occur. There is no agreement to acquire the remaining one-half interest in the property at this time. However, District staff will work with the other party toward a mutually agreeable solution for public use, private use, and management and ownership responsibilities. Because this property is important for completion of the Ward Road trail connection between Portola State Park and Long Ridge Open Space Preserve, but is not adjacent to District land, staff has contacted Save-the Redwoods-League about contributing financially to this property acquisition. Since the late 1970's, Save-the-Redwoods-League has worked with the District, Peninsula Open Space Trust(POST), and the State(Portola State Park)to acquire and protect properties in this region to provide for trail connections along Oil Creek, Ward Road and Slate Creek. Since this property is bordered by Portola State Park to the west and north, the District would seek to negotiate a management agreement with the State or transfer the property to the State in the future. BUDGET CONSIDERATIONS 1998/1999 Budget for Land Acquisition New Land Budgeted for Acquisition $11,303,000 New Land Purchased this year (1,226,000) Nead Acquisition proposed on this agenda (200,000) Lindner Acquisition proposed on this agenda (160.000) Acquisition Budget Remaining 9,717,000 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 Long Ridge Open Space Preserve and Portola State R-98-104 Page 5 Park region as a critical trail connection, for protection of the Oil Creek watershed, wildlife habitat and scenic backdrop. PUBLIC NOTIFICATION The remaining one-half interest holder and 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 Management Specialist 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 (LONG RIDGE OPEN SPACE PRESERVE-LANDS OF NEAD ET AL.) The Board of Directors of the M[idpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Mdpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Dennis J. and Carolyn M. Nead and the Nfidpeninsula 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 is further 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$200,000 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 are reasonably 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 the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. LONG RIDGE OPEN SPACE PRESERVE Midpeninsula Regional Open Space District 01 `.r LONG RIDGE OPEN o� N SPACE 'LR'"' t.e ''• PRESERVE 0.4 f F Long*.. d 1400 4i16011 F(J 4�1 0.1 fl J 1800 SC b xd o c o� �a Rod 0.7 0.Ros1 0.4 zi•�, \ SARATOGA GAP Ivoryl0 0.5 J OPEN SPACE 0.3 O fJ<1 ae'{rael 0.3 PRESERVE `•. SQt` *+ 2600 0.1 0.2 LROt 0.1 r..a. 1pCh •' R U�1 • (� - 0.3 Z� 2400 0.9 2000 t�[•v ., 2000 � h'ErR, r'• ".f� 1000 �200 "�; a•••d Road • l� jee '�a�t 1600 1.7 2400 eL �, Portola :•`•� Sate Park r > ..�....--` `ck • � OD art NEAD� PROPOSED ACQUISITION (80 AC.) Skyline-to-the,eaTrait r i _ J• ."' --�" ' f ..-,. t"a. 22(R) •10RI I� Exhibit A: Site Map O 7i1i98 i PURCHASE AGREEMENT This Agreement is made and entered into by and between Dennis J. Nead and Carolyn M. Nead, as husband and wife, as Joint Tenants 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 an undivided one-half(1/2) interest in certain real property which is approximately 80 acres in size, situated in the unincorporated area of San Mateo County, State of California and commonly referred to as Assessor's Parcel Number 085-160-013 and as shown on the "Map" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Property" or the "Subject Property"); 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 Seller's interest in the Subject Property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, it is the desire of District and Seller that District purchases all rights and interests of Seller in and to the Subject Property, pursuant to 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 Distract agrees to purchase from Seller fee title to the undivided one-half(1/2) interest, of Seller in the Subject Property (the "Partial Property Interest"). The Subject Property being further described in the Legal Description attached to Preliminary Report number 431031 from First American Title Insurance Company, a copy of said preliminary report attached hereto as Exhibit "B", and incorporated herein by this reference. Said Partial Property Interest 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. 2. Purchase Price. The total purchase price ("Purchase Price") for the Partial Property Interest shall be Two Hundred Thousand Dollars ($200,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. Purchase Agreement Page 2 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein,.an escrow shall be opened at First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94063, (650) 367-9050 (Escrow number 431031) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Partial Property Interest 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 September 11, 1998, 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 San Mateo 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 Partial Property Interest as described in said Exhibit (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 nine Thousand and No/100 Dollars ($199,000.00) which is the balance of the Purchase Price of Two Hundred Thousand and No/100 Dollars ($200,000) as specified in Section 2. The balance of$1,000 was paid into escrow in accordance with Section 12 of this Agreement. (e) District shall pay 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 Purchase Agreement Page 3 and Seller in the manner customary in San Mateo County. All current property taxes on the Subject 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 Insurance 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$200,000 for the Partial Property Interest showing title vested in fee simple in District, subject only to: (i) current real property taxes, (ii) exceptions numbered 2, 3 and 4 as shown in said preliminary report (Exhibit "B") (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 San Mateo 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 Purchase Price of the Partial Property Interest (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 Occu�ncy of Premises. Seller warrants that they are not aware of any 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 Partial Property Interest being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et Vl. Seller Purchase Agreement Page A understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). The extent of any lease or occupancy of the Property by the owner of the remaining undivided one-half(1/2) interest, Steve and Edith E. Meckler hereinafter called the "Mecklers", is unknown to Seller. 6. Condition Precedent. Seller and District acknowledge that Seller's ability and obligation to enter into this Purchase Agreement and to perform the transaction called for herein is subject to a certain Agreement dated November 19, 1972 between Seller and the Mecklers, which sets forth certain rights and obligations with respect to the Property herein- after called the "Meckler Agreement". The Meckler Agreement imposes a thirty (30) day right of first refusal on proposed transfers such the transfer by Seller of the undivided one-half (1/2) interest contemplated pursuant to the terms of this Purchase Agreement. Upon execution of this Purchase Agreement by District, Seller will notify the Mecklers of the District's proposed acquisition of the Partial Property Interest. If the Mecklers exercise their right of first refusal, this Agreement shall terminate and neither party to this Agreement shall have any further obligation hereunder to the other. If the Mecklers decline to exercise their right of first refusal within the thirty (30) day time period, Seller will proceed promptly and use their best efforts to complete this transaction and convey title to the District. 7. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Partial Property Interest 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. (a) Authori1y. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. (b) 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 Partial Property Interest 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. (c) Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Partial Property Interest and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the excep- tions permitted under the express terms hereof, and Seller shall forever indemnify and defend Purchase Agreement Page 5 District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 8. Integrity of RrgMM. 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. Ha zardous 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) ftresentations and Warranties. For the purpose of consummating the sale and purchase of the Partial Property Interest, 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 Partial Property Interest is being purchased with the knowledge that the Property was used for paint ball war games which' were conducted by the owner of the remaining undivided one-half(1/2) interest, Steve and Edith E. Meckler. (fi) Except as disclosed in Section 8(b)(i): a. The Property does not contain any Hazardous Waste or underground storage tanks; b. 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; Purchase Agreement Page 6 C. At the time Seller acquired the Partial Property Interest, 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; d. 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; . e. 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; f. 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; Seller makes no representations regarding the use, knowledge, or activities related to potential contamination of the Subject Property by the owner of the remaining undivided one-half(1/2) interest, the Mecklers. g. 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. Purchase Agreement Page 7 (c) Indemni1y. Except as it relates to Section 8(b)(i) above, 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. 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, 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 and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 10. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Partial Property Interest 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 Partial Property Interest, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. 11. 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) 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. Ir' Purchase Agreement page 8 (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) 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. (e) Noticed. 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: Dennis and Carolyn Nead 2500 Asilomar Drive Antioch, CA 94509 (510) 778-7675 FAX (510) 778-8686 Copy to: Jim Niven, Esq. Niven and Smith 425 California Street, 18th Floor San Francisco, CA 94104 (415) 981-5451 FAX (415) 433-5439 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 Purchase Agreement Page 9 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 deliveryindicated 'as ted 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 e taddress or a different person to which such notices g or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either from giving oral notice to the other when prompt notification i PAY g g P P catto s appropriate, but any oral notice given shall no t satisfy the requirement of written notice ce as provided in this Section. v ili If an of the provisions of this Agreement are held to(flbe ���� Y� Y P void or 1 unenforceabeb y or as a r Y Pe result of a determination of an 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) Counter=. 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. (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 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. 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. 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 Purchase Agreement Page 10 binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. (1) Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to an third Y PAY without the prior written approval of the other party. (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. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. (p) Cations. 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. (q) 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. (r) Arbitration of Disputes.- If any dispute arises between District and Seller relating to this Agreement and the purchase and sale of the Partial Property Interest, the District and Seller agree that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as set out below: (i) Within 10 days after a notice by either party to the other requesting arbitration and stating the basis of the party's claim, each party shall appoint one arbitrator, notifying the other party of the appointment when made; (ii) 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 Purchase Agreement Page 11 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. (iii) The arbitration shall be conducted under Code of Civil Procedure §§1280-1294.2. Hearings shall be held in San Mateo County, California. (iv) 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 attorneys 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 ARBrIRATE 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 MAT717ER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER M ALWh BUYER Nmmo—,�—J T- 12. Arc ptance. Provided that this Agreement is executed by Seller and delivered to District on or before July 20, 1998, District shall have until midnight August 12, 1998 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Partial Property Interest to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement Page 12 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: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dennis J. d AC ARECOMMENDATION Date: TILL Michael C. ams, Real Property Representative Carolyn M. Nead APPROVED AS TO FORM: Date: 1 J Sue Sc ec an, District Counsel REC ED FOR APPROVAL: L. Craig Britton, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: "" uioy nidy u+ may ❑ut be a survey of the lano I,Qldrd hereon. You should not rely upon it for •nY pyrpnsc cJhilr than ONU.-tat.on to the general +I na Of I?te 1:::.ul or pdicLIs depicted. First I; d,'cl.,ros any liability for alleged s-nr damage wlnrh may result from reliance upon TRWREDI a state;t�the of A>r trot 1-800-345-7334 ' 3 M m PG, 12 34 35 PG 3 Jr PG. IC to 2 X TAX CODE AREA W a I ` O O II ACIL u� C0 3�`Y, Je --- .�--- H r Co Ise to coo IAACIL A O M b \ r0 ypp N r J O ' O ] _ G IAACIL I ] it 4 Q. Q t IAACIL 1 6 p 2 t U CC c C ,►el,r Q Q J ---- as b 0 312 p .1e p ergo• 2, 1 QL PG. I7 IQ I I "' v LA HONDA-PESCADERO UNIFIED SCHOOL DI [Cr I I f 11 ------------- A M E � 2 First American Title Company PRELIMINARY REPORT � EXHIBtr POP' EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 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.Proceedings by a public agency whit may result in taxes or assessments,or notice 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 matters excepted under(a),(b),or(c are shown by the public records. EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage.costs,attorneys'fees or expenses which arise by reason of: 1. (a) Arty 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 enjoymer of the land:(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of whit` the land is or was a pan;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 notic: of a defect.lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a detect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy whist 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; (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 insures claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 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 the 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 lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of tede4 bankruptcy,state insolvency or similar creditors'rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now a hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. _ 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created.suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder.(c)resulting in no loss or damage to the insured claimant.(d)attaching or created subsequent to Date of Policy:or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following Part One. 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. Ind doff 6 Any lien,or fight to a lien,for services,labor or material' 'More or hereafter punished,imposed by law and not shown by the pubf gets J ./ page of /12 Order No. 431031 , AN4 }: H 4S r C ti i FIRST AMERICAN TITLE INSURANCE COMPANY FIRST LOOK CHECKLIST 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 new Trust Partnership or Corporation? *Do the sellers of the property reside Out of State? *Is the property the subject of an Exchange? REMEMBER, ALL PARTIES SIGNING DOCUMENTS MUST HAVE A VALID PHOTO I.D. OR DRIVERS LICENSE FIRST AMERICAN TITLE INSURANCE COMPANY INFORMATION FOR YOUR SUCCESS EXHIBIT Page 3 of Order No. 431031 PRELIMINARY REPORT FIRST ANIERICAN TITLE INSURANCE COMPANY 555 Marshall Street, Redwood City, CA 94063 (650) 367-9050 - ESCROW FAX (650) 364-1519 Midpeninsula Regional Open Space District Attn: Bucky Mace 330 Distel Circle Los Altos, CA 94022 Customer's Reference: Form of Policy Coverage Requested: ALTA RESIDENTIAL EAGLE PROTECTION OWNERS POLICY - 1987 WITH WESTERN REGIONAL EXCEPTIONS In response to the above 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 or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, al3inder or Commitment should be requested. Dated as of October 21, 1997 at 7:30 a.m. ESCROW OFFICER: JIM A. NORRIS ASSISTANT: TINA DAVIS Page I EXHIBIT page Order No. 431031 Title of said estate or interest at the date hereof is vested in: DENNIS J. NEAD AND CAROLYN M. NEAD, his wife, as Joint Tenants, as to an undivided 1/2 interest; and STEVE M_RKLER AND EDITH E. MEKLER, Trustees of The Steven and Edith E. Mekler Trust dated September 11, 1997 as to an undivided 1/2 interest The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE The land referred to in this Report is situated in the State of California, County of San Mateo, and is described as follows: The South 1/2 of the Southwest one quarter of Section 2, Township 8, South, Range 3 West, Mount Diablo Base and Meridian. A.P. No.: 085-160-130 JPN 085 016 160 13 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special Taxes for the fiscal year 1997-1998, in the amount of$75.58 each installment, has been paid in full. Code Area: 066-005 A.P. No.: 085-160-130 2. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code. 3. EASEMENT for any existing roads. 4. EASE LENT 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. 5. LACK OF ACCESS to any'public or private road of record. Page 2 EMISIT 6 MWEENON� Page ',5� of LL- Order No. 431031 6. DEED OF TRUST to secure an indebtedness in the original amount of$11,000.00 and any other amounts and/or obligations secured thereby, Trustor: Dennis J. Nead and Carolyn M. Nead, his wife Trustee: Security Title Insurance Company, a California corporation Beneficiary: Steve Mekler and Edith E. Mekler, his wife Dated: October 20, 1972 Recorded: December 11, 1972 Document No.: 85357-AE Book/Reel 6287 of Official Records at page/image 37, Records of San Mateo County, California. Beneficiary's Address - c/o Security Title Ins. Co., 45 West Manor Drive, Pacifica, CA Loan No. - Not shown Affects an undivided 1/2 nterest. INFORMATION NOTES: A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B, Part I, the following exception from coverage: Any rights, interest, or claims of parties in possession of the land not shown by the public records. Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered title risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This eliminates the forced removal coverage in item 12 of covered title risks. Any water rights or claims or title to water in or under said land. B. The City of San Mateo imposes a property transfer tax of'h of I% of total consideration. C. Order Date: October 30, 1997 Short term rate date: None Page 3 EXHIBIT Page k of= Order No. 431031 D. LENDER'S SPECIAL INFORMATION There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. EXCEPT GRANT DEED From: Steve Mekler and Edith E. e M kler his wife as Join t Ten ants To: Steve Mekler and Edith E. Mekler, Trustees of The Steven and Edith E. Mekler Trust dated September 11, 1997 Dated: September 19, 1997 Recorded: October 15, 1997 Document No.: 97132963 of Official Records of San Mateo County, California. Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language contained in California Civil Code Section 1189 entity "General form of certificate of acknowledgment" pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or after January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial forms of acknowledgments may not be acceptable for recordation. First American Title will make the form available upon request. 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. WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". NOTICE Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds maybe disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. Page 4 EXHIBIT page-2—of . Order No. 43131 If you have any questions about the effect of this new law,please contact your local First American Office for more details. NOTE: This report is subject to a cancellation charge as required by Sections 12404,et seq., of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. cc: Bucky Macs, P.O. Box 306, Bolinas, CA 94924 N.O. TIM/tk/p Page s EXHIBIT Page OLLV- ♦ Order No. 431031 ti y NOTICE In accordance with Sections 18662 and 18668 of.the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the 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 ($500.00). 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 property 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 subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statues referenced above include provisions which authorize the Franchise Tax Board to grant reduced 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 closing officer. Form No.•4001 (3/92) EXHIBIT Page q.off rW� nidp may ur May out Ue a survey of the lava 601cted hereon. You should not rely upon it for !ny purpose cthor Man oricntat.on to the general ahun .I t're I:a,ccl nr perccls depicted. First .I/ d:!0,11;s any liability for alleged rq dam.rge whn-h rr,ay resuft from reliance upon TRWREDI 1-300-345-7334 ' a a seu>E;a In•Of AN aat � T� PG /2 2 PC r PG, /4 Vi a x 85- 16 w a TAX CODE AREA y Q i ` OO OO PARCEL. i A cl� '^1 v, r 8.S, R,3A I C3 00 CL '1 W 160 Zi PARCEL A o Oj � a oa n ? N \ b 1 N 1 „ U— i PARCEL I , PARCEL E rs � W yy CREER � Q 0, O PM.SE/ra ffV(W-W ia, 3 2 u•d' 211 PC. /7 I Q I MAP COUNrY F SAM ifArEQ CA, LA HONDA-PESCADERO UNIFIED SCHOOL DI R/CT 11112 1� � 'ERICAN LAND TITLE ASSOCIATION LOAN POI'` 70 WITH A.L.T.A. ENDORSEMENT FORM 1 COVL 40 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 Any!aw.ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use Or enjoyment of the land,or regulating the charact. dimensions or location ofo any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of violation t r such lour ordinance or governmental regulation. any ono a g e9 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects.liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed Or agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but knov to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and rot disclosed in writing by the insured claittu to me Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Da. of Policy). 4 Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable*doing business•laws of dne sta in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exception to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following; Part One 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. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: i. (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 location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change'in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)emirorimental 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 Ora notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police lower 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. 2. 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 fate 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 rot 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 IN insured mortgage over any statutory lien for services,labor or material or the eldend 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 lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor'or materials over the lien of the insured mortgage)arising from an 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. 7. 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 (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: ..v■''�'� (a) to timely record the instrument of transfer;or EXHIBIT (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Pala 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH REGIONAL EXCEPTIONS _•!l••i/••• When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exception to coverage appear in the policy. SCHEDULE 8 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. B. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of i. (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 location of any improvement now or hereafter erected on the land:(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(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 of encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. 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 arty 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 ctaimanL (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 estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer,or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph,8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One. 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 s of easement or encumbrances i a ces 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 punished,imposed by law and not shown by the public records, 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule 8,you are not insured against loss,costs.attomeys'tees and expenses resulting from: i. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use . land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Dale and is binding on you it you bought the land without knowing of the taking. 3. tale Risks: • that are created,allowed.or agreed to by you • that are known to you.but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks EXH113 4. Failure to pay value for your title. IT- 5. Lack of a right: Page - 01� • to any land outside the area specificallydescribed and referred to in Item 3 of Schedule A.of • in streets,alleys.or waterways that touch--t land I—NoL 106&1(Rev.10117/92) This exclusion does not limit the access coverage in Iten 4overed Title Risks. FshilxtA.I Min+ii%+ry RP°n Regional Open -, - ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-103 Meeting 98-18 August 12, 1998 AGENDA ITEM 3 AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for Windy Hill Open Space Preserve to Upgrade the Spring Ridge Picnic Area and Install a Commemorative Bench on Anniversary Trail GENERAL MANAGER'S RECOMMENDATION Adopt the amendment to the Use and Management Plan for Windy Hill Open Space Preserve to Upgrade the Spring Ridge Picnic Area and Install a Commemorative Bench on Anniversary Trail. DISCUSSION At your May 27, 1998 meeting you tentatively approved an amendment to the Use and Management Plan for Windy Hill Open Space Preserve to upgrade the Spring Ridge Picnic Area and install a bench on Anniversary Trail (see report R-98-62). At the May 27 meeting, a suggestion was made by a member of the public that an equestrian hitching post be added or designated in the picnic area, allowing equestrians to enjoy the area. Staff identified a section of the existing split rail fence which could serve as a horse hitching post by adding a sign to designate its use. Staff considered the slope of the area, the proximity of the section of fencing to tables, signs and trailheads, and the strength of the fencing to support a horse (see attached map). This is consistent with the District's standard specifications for a horse hitching rail, which is a section of split rail fencing mounted on two posts. This design has been used at several locations. Final adoption of the use and management amendment was considered by you at your June 24, 1998 meeting (see report R-98-86). Several questions arose regarding the map attachments contained in both reports R-98-62 and R-98-86. Since concerns focused on amenities within the Spring Ridge picnic area, final adoption of the commemorative bench and plaque to be installed on Anniversary Trail was approved by you at your June 24 meeting. The remaining issues were continued to a future meeting. Staff prepared a scaled drawing of the Spring Ridge picnic area to replace the schematic maps contained in reports R-98-62 and R-98-86. The scaled map is attached. Further, staff will have slides available at your meeting, should any additional questions arise. Prepared by: Mary de Beauvieres, Acting Senior Planner Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org T- 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 Windy Hill Open Space Preserve TO ANNIVERSARY HAMMS GULCH TRAIL TRAIL DISCED AREA II II I I WINDY HILL / I I LOCATION FOR SIGN I I HORSE HITCHING RAIL I SIGNBOARDS II II I I PICNIC I I TABLE II II II II II II II I I PICNIC I I TABLE PICNIC TABLE II II � II Ff� PROPOSED EXISTING NEW TEMPORARY RESTROOM RESTROOM PARKING AREA EXISTING FENCING Ln ce- O Q 4 1= � Z SKYLINE BLVD. centerline 7/98 SCALE:1"=20' Regional Open L ice s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-101 Meeting 98-18 August 12, 1998 AGENDA ITEM 4 AGENDA ITEM Authorization to Solicit Bids for Two All-Terrain Vehicl GENERAL MANAGER'S RECOMMENDATION Authorize staff to advertise for bids to purchase two all-terrain vehicles. DISCUSSION At your March 25, 1998 meeting you approved the fiscal year 1998-1999 budget which included $12,000 for two all-terrain vehicles (see report R-98-41). In 1996 two all-terrain vehicles (ATVs) were purchased by the District. They have proved to be exceptionally advantageous to the operations program. During winter storms they were used extensively to check drainage problems on District roads and trails. ATVs can also be used to transport materials and equipment to work sites with the use of a small utility trailer. Use of ATVs reduces the amount of heavy lifting done by our field staff. This lessens the chance of back injury, which is a predominant cause of work related injuries. ATVs are also used for search and rescue on single track trails or in areas where trucks cannot travel because of poor road conditions. Prepared by: David Topley, Support Services Supervisor Contact person: Same as Above 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • 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 • General Manager:L.Craig Britton Rqgionai Open L. -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-105 Meeting 98-18 August 12, 1998 AGENDA ITEM _ AGENDA ITEM Authorization for the President of the Board of Directors to Sign an Argument in Favor of the Advisory Measure for the November 3, 1998 Ballot Regarding Potential District Annexation of San Mateo County Coastal Areas AD HOC COASTAL COMMr ECOMMENDATION Authorize the President of the Board of Directors to sign an argument in favor of the District Advisory Measure for the November 3, 1998 ballot regarding potential District annexation of San Mateo County Coastal Areas, DISCUSSION On June 24, 1998, the Board of Directors voted to place an advisory measure on the November 3, 1998 ballot in the unincorporated area of San Mateo County west of Skyline Boulevard to the San Mateo County Coast, from the southern boundary of Pacifica to the Santa Cruz County line asking the voters in that territory their opinion as to whether the District's boundaries should be expanded to include that area. The Elections Code permits the filing of arguments for or against any measure. Since the District is the proponent of the measure, the Ad Hoc Committee recommends that the President of the Board be authorized to sign an argument in favor of the advisory measure. A member of the Board may take a position on this measure provided District funds or staff are not used to campaign for the measure. The full Board may also pass a resolution supporting or opposing the measure. The Board President could sign an argument expressing her views on the advisory measure. The Board would not prepare the argument, but rather permit the Board President in her individual capacity to sign any such argument. Prepared by: Director Davey Contact person: Director Davey 330 Distel Circle Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX:650-691 0485 - E-mail:mrosd@openspace.org - Web site:www.openspac(,.org Boma of Dire(tors:Pete Siemens,Mar C. Dave led Cyr, David T.Smernoff, Nonettc Hanko, Gets Crowder, Kenneth ton y y, _ y y C.Nitr m General Manager.L.Craig Britton i Regional Open S,ace R-98-106 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-18 August 12, 1998 AGENDA ITEM 6 AGENDA ITEM Right of Way Contract and Grant of Easement to Caltrans for Emergency Repairs to State Route 84 (La Honda Road) - Thornewood Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS �_ \ 1. Determine that the recommended actions are statutorily exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached Resolution authorizing the President of the Board to execute a Right of Way Contract to convey an easement over District land to Caltrans for drainage improvements along State Route 84 (La Honda Road). DISCUSSION In May 1979, you authorized a Permit to Enter for Caltrans to extend a retaining wall along State Route 84 (see memorandum M-79-87). On March 13, 1996, you authorized the General Manager to execute a Permit to Enter for construction of a new retaining wall along the Highway, southeast of the hairpin turn adjacent to the Thornewood property (see report R-96-33). In June of 1996, the District extended the time period for this Permit to Enter through December 31, 1996. Although these projects were designed to permanently repair a chronic landslide, the magnitude of this landslide continued to threaten the closure of the roadway. In November 1996, Caltrans entered District land to begin emergency repairs to prevent the closing of the State highway. The emergency repairs impacted approximately a half-acre of District land (see attached map). These repairs included the following work: grading and recontouring of slope, cutting and removal of trees and vegetation, removal of slide debris and top soil, and the installation of five horizontal drains. Caltrans completed these repairs in early April 1997. None of these repairs were allowed for under the Permit to Enter granted by the District. In January 1997, District staff met with Caltrans representatives and negotiated a $50,000 settlement for the damage and impact to District land. This agreement included the District's commitment to revegetate the impacted site. Relying on the settlement with Caltrans, the District contracted for the hydroseeding of the impacted area in April 1997. During the Fall of 1997, you authorized the hiring of Central Coast Wilds to implement a revegetation project prior to the winter rains (see report R-97-140). The revegetation project was completed as proposed and no further land slides have occurred on the site during the heavy rains of this past winter. Because the horizontal drains installed by Caltrans are permanent facilities on District property, Caltrans needs to obtain long-term property rights from the District in the form of a drainage easement. 330 Distel Circle • Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX:650-691-0485 • 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-98-106 Page 2 The District has determined that the granting of this easement is in accordance with Public Resources Code 5540.6 since the continued use of the property is for open space purposes. CEOA COMPLIANCE Project Description n The project involves the granting of a drainage easement for horizontal drains installed by Caltrans on the District Thornewood Open Space Preserve as part of emergency repairs to the hillside slopes adjacent to State Route 84 (La Honda Road). All work was done under the direction of the State of California, Department of Transportation (Caltrans). CEQA DETERMINATION Project Determination under CEOA The project is categorically exempt under Section 15301, 15302 and 15303 of the California Environmental Quality Act Guidelines. Categorical Exemption 15301 - Existing Facilities. The project consists of maintenance and repair of existing public facilities consisting of horizontal subsurface drains. These drainage facilities will be maintained by Caltrans. Categorical Exemption 15302 - Replacement or Reconstruction. The projects provides for the future replacement or reconstruction of existing drainage facilities by Caltrans. Categorical Exemption 15303 - New Construction or Conversion of Small Structures. The project provides for new construction for a limited number of new horizontal subsurface drains by Caltrans. TERMS The Right of Way Contract sets forth the terms and conditions of the settlement including the drainage easement being granted by the District to Caltrans. Caltrans will assume maintenance responsibility for the drainage facilities. Caltrans has no other rights to re-enter District property without prior District consent. The District and Caltrans have entered into this agreement as a compromise with neither party admitting liability for the landslides that resulted in this repair project. Caltrans has agreed to pay $50,000 to offset the District's revegetation costs, plus an additional $500 for the granting of a drainage easement for a total payment of$50,500.. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above Thornewood Open Space reserve MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 800 10 600 1500 F Parking Lot 2 L Easement ti Area m l L E-S E 6fO��q RO AREA � f t No P 600 r Schilling i Lake sov 100t7 GR,q �aVIEW Dkl�cc+ ESQ I NASA ROAD I 1200 1 ra00 0' 500' 1000' 2000' EXHIBIT A 8/98 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF A RIGHT OF WAY CONTRACT, AUTHORIZING THE PRESIDENT OF THE BOARD OR OTHER APPROPRIATE OFFICER TO EXECUTE AN EASEMENT DEED TO STATE OF CALIFORNIA AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION (THORNEWOOD OPEN SPACE PRESERVE - CALTRANS) 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 Right of Way Contract with the State of California for District land impacted by emergency repairs to State Route 84 (La Honda Road), a copy of which is attached hereto and by reference made a part hereof, and authorizes the President of the Board or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute the Easement Deed granting the real property interests being conveyed by the District. Section Three. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Four. The Board of Directors finds and determines that, pursuant to Section 5540.6 of the Public Resources Code of the State of California, the granting of this Easement is consistent with the land's primary use as open space. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 40 RIGHT OF WAY CONTRACT - STATE HIGHWAY RW 8-3(6/95) California 4 SM 84 16.44-16.7 Dist. Co. Rte. P.M. Exp.Auth. 19 CgC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District Grantor(s) Document No 53190 in the form of an Easement Deed covering the property particularly described in the above instrument has been executed and delivered to BARBARA E. PAGE Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement . (B) Grantee requires said property described in Document No. 53190 for State highway purposes, a public use for which Grantee may exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property. . Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both Grantor and Grantee in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2 . The State shall : (A) Pay the undersigned grantor the sum of $500 .00 for the property or interest conveyed by above documents when title to said property vests in the State subject to all liens, encumbrances, assessments, easements, leases (recorded or unrecorded) and taxes. a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document . C. Easements or rights of way over said land for public or quasi- public utility or public street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. Said escrow and recording charges shall not, however, include documentary transfer tax. (C) Have the authority to deduct and pay from the amount shown in Clause 2 (A) above, any amount necessary to satisfy and bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow. 3 . The State shall pay District the further sum of $50, 000 .00 as payment in full and final settlement of all claims and demands of District, its successors and assigns, arising out of or in any way related to the following events : ,land movement and slides which occurred in the period 1995-1997 on State or District property, State' s temporary use and possession of the District property in 1996-1997, and for damages of every kind and nature, known or unknown, suffered by reason of said landslides or said use and possession, the reconstruction of State Highway 84 during that period and the work generally described in paragraphs 4 and 5 below. The area and the general nature of the work is depicted in Exhibit "A" attached hereto and by this reference made a part hereof. The State likewise releases and discharges District from any claims, demands or actions by State.arising out of or related to the aforementioned events. The State represents that its temporary possession and use of any of District' s property extended from August 20, 1996 through August 23, 1996 and from November 7, 1996 to or about March 15, 1997 . This release and settlement shall not be construed to extend to any claims State or District may have against each other in the event of future occurrences on State or District property which shall be subject to the provisions of paragraph 6 herein. 4 . It is understood and agreed by and between the parties hereto that the temporary possession and use of District property was for performing the following work: stabilization and removal of landslide debris (including collapsed State' s highway pavement sections and walls, unstable soils, uprooted trees and vegetation) , the grading and compaction of a new slope, the installation of horizontal drains, the installation of an underground drain to conduct water from certain subsurface weepholes in State' s upper retaining wall, and for hydromulching. 5 . The State advises District that it considers the recitation of facts in this Paragraph 5 to be true and accurate. District's execution of this Right of Way Contract shall not be construed to be and is not intended to be an admission of the truth of falsity of any facts alleged -by State in this paragraph which consists solely of State' s contentions of fact. State' s Contentions of Fact: The subject portion of State Highway 84 is situated on a steep hillside in the Town of Woodside. It consists of a two-lane roadway in a hairpin alignment. The upper portion of the highway at and near post mile 16 .5 runs in a generally east-west direction; at the eastern end of the latter section, the highway then consists of a hairpin curve to the south; and the lower portion of the State' s highway in this location runs again in an east-west direction at and near post mile 16 .7 . The District property, sometimes referred to as the Thornwood Open Space Preserve, occupies the entire area within the hairpin alignment of the State' s highway between post miles 16.5 and 16 .7 . Private properties of others are situated both above (northerly) of the upper section of the State' s highway and below (southerly) of the lower section of the State highway in this location. The property subject to the easement conveyed herein may be part of an ancient, deep-seated landslide mass suspected by some geologists to be located within grantor' s property and extending under State Highway 84 and neighboring private properties northerly and southerly of the State highway. In the period 1995-1997 landslides occurred in at least two locations within the suspected larger landslide mass on property now owned by grantor and also under the State highway, causing serious damage. The slippage of soil and vegetation on grantor' s property also resulted in a continuing deposition of landslide debris on the lower portion of the State's highway. The State' s highway in this mountainous area is approximately 20 feet wide. During the winter of 1995, a slip-out developed in the eastbound lane at approximately post mile 16 .5 . During the winter of 1996 the condition worsened to the extent that the entire eastbound lane and a portion of the westbound lane at this location slipped-out, and a highway retaining wall collapsed at this location. Also during the winter of 1996, a slip-out developed in the westbound lane of the lower highway at approximately post mile 16 .7 . As a result the State highway had to be closed to through traffic except for one-lane traffic controlled by signal lights installed at each end of the landslide area. On or about March 27, 1996, State obtained a right of entry (first permit) from grantor allowing State to enter upon a portion of District land adjacent to the highway retaining wall which had collapsed near post mile 16 .5 for the purpose of constructing a new retaining wall at that location; the permit was subject to various provisions and its term was limited to the time period between March 14, 1996 and July 31, 1996. State exercised no rights under this first permit. on or about May 8, 1996 State advised grantor that it would not be necessary to use District land for purposes of reconstructing the new retaining wall; that said construction would be accomplished from entirely within the State's right of way. State did advise grantor however that State wished to enter that portion of grantor' s property described in the first permit "for the sole purpose of removing the old roadway and wall that had slid onto District property and to clear, grub and hydroseed. " Nevertheless State and grantor agreed to a new permit dated July 15, 1996 (second permit) identical in terms to the first permit except the time period of the permit was extended from March 14, 1996 to December 31, 1996. State entered that portion of plaintiff' s property on or about August 20, 1996 and completed removal of failed roadway and retaining wall sections and associated debris on or about August 23, 1996 and then left grantor' s property; State performed no clearing or grubbing as allowed by such permit. on November 5, 1996 State advised District by letter that continuing slide activity on District property was threatening to close the State highway entirely and that . . . . due to the emergency nature of the problem. . . . Caltrans has no option except to enter onto District land, grade the land ' contouring the slope to a maximum slope ratio of 1 .5 :1 (including side slopes to conform) , tracking the slope with heavy equipment to get the maximum compaction feasible, then install erosion control (and) install underground drainage (on District land) in the form of five horizontal drains . . . .This emergency work will begin this week. . . ." Thereupon State entered upon grantor' s property on November 7, 1996 and continued work thereon until completion on or about March 15, 1997 . 6 . Solely to protect its highway, State installed five subsurface horizontal drains within the easement area described herein and did other related work as described above. The State advises District that alterations in grantor' s property and neighboring properties by others than Caltrans (such as by land development past or future, earthquake or other causes, or the introduction of water by natural or artificial means, sedimentation, natural changes in the underground aquifers, or causes other than Caltrans' actions or improvements) may in the future render the installations made by Caltrans ineffective. State further advises District that it is not feasible to keep subsurface drains operable indefinitely by maintenance operations and it is not feasible to repair subsurface drains in the event they become plugged. State therefore makes no warranty or representation that its improvements will continue to be effective in preventing future movement of or within the District property or the suspected larger landslide mass, and undertakes no duty in that regard. The parties agree and understand that State does not hereby assume any obligation of, or duty to District in the control, care and management of District property. The State agrees that it will maintain its subsurface horizontal drainage improvements, but said maintenance shall not be construed to relieve the District of any duty District may have in the control, maintenance, care and management of District property. Such installation and maintenance shall not relieve the District of whatever duty, if any, the District may have in law to monitor and deal with underground waters and its property. Nothing in this Contract shall be construed to create any duty on the part of District in the control, maintenance, care or management of the District property which would not otherwise exist . This Contract and Easement Deed shall not be construed to confer upon State any right to re-enter District Property. Any such future entry shall be according to law or future agreement of the parties. A State does agree that it will indemnify, defend and hold District harmless from any liability arising out of negligence by the State in the design, installation, operation and maintenance of its underground drainage facilities if damage occurs that would not have occurred if the State had not installed its facilities within District property. State agrees to assume responsibility for damages proximately caused by its negligence as above specified if damage occurs that would not have occurred if the State had not installed its underground drainage facilities, and State will, at its option, either repair or pay for such damage. State further agrees that it will 'indemnify, defend and hold District harmless from any liability arising out of negligence by the State in any activities performed by the State pursuant to the "first permit" or "second permit" referred to in paragraph 5 above if damage occurs that would not have occurred if the State had not undertaken such activities. Except as otherwise provided above, State and District retain any and all rights and remedies they may have against each other or third persons, associations or entities for damage to State property arising from future earth movement, landslides or other causes. 7. State contends that its entry on grantor' s property on and after November 7, 1996 and the work it performed thereon constituted a valid exercise of its police power to protect the public safety, health and welfare, to abate a public nuisance, and to remove a continuing trespass on State property, and that therefore District has no right to any compensation from State on account of said entry and work. District disputes these contentions. The parties understand that the liability for said landslides and earth movement in the period 1995-1997, and for State' s entry upon District's property and the work State performed thereon is disputed by the State, and this agreement is a compromise and shall not be considered as an admission of liability by either party . 8 . State and District agree that the provisions of this Right of Way Contract entirely supersede any and all provisions of any and all rights of entry previously agreed to by the parties herein, including but not limited to the "first permit" and "second permit" referred to in Paragraph 5 above. This Right of Way Contract contains the entire agreement between the parties hereto. The terms of this Right of Way Contract are contractual and not a mere recital. This contract is executed without reliance upon any representations by any person concerning the nature or extent of injuries or legal liability therefor, and the undersigned have carefully read and understand the contents of this contract and sign the same as their own free act. 9 . State and District further agree that the terms of this Right of Way Contract shall survive the execution and recordation of the Easement Deed referred to above as Document No. 53190 . State may, but is not required to, record this Right of Way Contract . STATE OF CALIFORNIA MIDPENINSULA REGIONAL OPEN SPACE DEPARRTMENT OF TRANSPORTATION DISTRICT ACCEPTED FOR RECOMMENDATION By: BARBARA E. PAGE Right of Way Agent MICHAEL C. WILLIAMS Real Property Representative By: BARBARA J. WEBB APPROVED AS TO FORM: District Branch Chief Right of Way SUSAN SCHECTMAN, District Counsel By: R. A. MACPHERSON District Division Chief RECOMMENDED FOR APPROVAL: Right of Way APPROVED AS TO FORM: I . CRAIG BRITTON, General Manager FRANCIS A. McENANEY APPROVED AND ACCEPTED: Legal Division President, Board of Directors ATTEST: Acting District Clerk Date: • t cff "Y �� RF�Ai�i��i CnA1� MNIa() QALL OALL Ira• /\ A g I `04 3� 2-�Xiz�!iaF�R{r(C'�h!E , I � rouN'1iN:�� Kc��CA;•%7�'�/� � P��LAyS 2. ' �e:�,a,..o,� Y�Lt. / � Crj��2 se.4cg y,ti(c�•�'s �a,7hS'( , 1 � MA0J r4C "ALL / �•3 (mac d�rlLt Cif l C IT/� ` � I fK.�ie2:•f.�� J r' � C'� L�G1 e'tiD .�._`�•o of -�U/ r:n 41.'�.'.- c,4( 9� a5 as 43 (Z/W RE'{Ln+wfj 1.15�% fi Fgssl A�""—F' P`�� CEP N. if u 1.1 01 Ta * �,.(.s�.y� �if 197?fie• sj CIYIL qrf FpP 1 is OF CAU EXHIBIT A Page 1 of 2 �s h r-/vl r-A4 30,(,•io hilt ��nNIN� {t)L 1•l. lG1coS�.a t . • tl��(co 1. a r/vl /�1• r,Nal_ C)tcA-2wh I,,a;a: 6,LINE (C.•(EC I I 3s� I r'1 t�'fknylA Qill- C'c'!/f,Nu,;l� vi6L:.. I 11 11 Ci(..�FE'f •� S''}.31 410 3 ?o ao,-_ i No 3--, G�W_-,ctC�t� Comas &4k- 4-) LA cvIQPOFESSIpN* S✓1-64-tL��16.] �� �-w .a.- � G No 28132 r, crm •� 'rF of cAUFOa� EXHIBIT A Page 2 of 2 1 Claims No. 98-15 Meeting 88-18 Date: August 12. 1QB8 Revised K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4525 151.90 Acorn Naturalist Resource Documents-Nature Center 4526 425.00 Aaron's Septic Tank Service Sanitation Services 4527 634.86 Acme & Sons Sanitation Sanitation Services 4528 128.69 ADT Security Systems A|urrn Services 4529 238.42 Ajax Portable Services Sanitation Services 4530 124.48 KriatiA|tieri Vehicle Expense 4531 47.78 Randy Anderson Vehicle Expense 4532 71.82 ANG Newspapers Notice ofElection-Advertisement 4533 199.85 Arne' Sign <& Decal Co.' Inc. Logo Decals 4534 20.35 AT &/ T Telephone Services � 4535 105.00 Bartlett Tree Experts Tree Maintenance � 4538 300.00 BatLory-Tech |no. Radio Batteries 4637 25.00 Bay Area Air Quality Management District Fuel Nozzle Permits � 4538 1'230.41 Big Creek Lumber Retaining Wall Lurnber-FEK8AProject 4539 180.00 8i||'o Towing /& Recovery Towing Services � 4540 16'113.75 Biological Mediation Syo1nmo' Inc. Monte Bello Boohpuch Camp Reotronmn 4541 2'575.00 Louis Bordi General Engineering Grading Services-Skyline . 4542 38'028.25 Brazil's Excavating, Inc. Shilling Lake Spillway Landslide Repair 4543 594.00 Brian Kungao Fou|k Engineers Hydraulic Analysis Report-Teague Hill � 4544 1'412.50 Jane Buxton Ross & FEK0A Project Consultant � � 4545 204.27 Communications 8^ Control, Inc. Mt. Umunhum Water Pump Electricity � 4546 110.65 Cal-Line Equipment Inc. Chipper Equipment Parts 4547 290.78 California Water Service Company VVotnr Service 4548 656.61 CaUandurAonooiot*n Parking Lot Design Consultants-Windy Hill � 4548 70.00 Camino K8edioo| Group K8edine| Services 4550 1,701.28 Caraonite International Road Markers & Decals 4551 904.01 Cascade Fire Equipment Company Fire Equipment /& Supplies 4551 103.18 Cole Supply Company Inc. Janitorial Supplies 4552 2'450.05 °1 ConnpurunSyotorne Computer 8/ Upgrades 4553 2'931.40 ConnpurunSyatennm Computer & Upgrades � 4554 468.88 ComtuuVVho|eoa|e Meeting & Office Supplies & oDrill 4555 49.50 Cougar Couriers Express Courier Service 4556 60.34 Laurie Crook Reimbursement--Frames 4557 5'145.15 Dell Computers Computers 4568 7'835.90 Design Concepts-Deborah Mills Graphics & Design for Newsletters &/ Map 4558 1'180.00 °2 Divine Catering Recognition Event Catering 4660 134.22 Emergency Vehicle 8yntennu Vehicle Lightbar Repairs 4561 550.00 Kevin Emery Builder Enterprise Rental Repair 4582 198'OOO.OU First American TidoInsurance Cnnopnny NondAnquioitinn � 4563 159'000.00 First American Title Insurance Company Lindner Acquisition 4564 159.56 Foster Brothers Security System, Inc. Looko & Keys 4565 30.30 G /& KServices Shop Towel Service � � 4566 27.79 G. P. Sports Tail light for ATV 4567 1'888.20 Gardan|and Power Equipment Field Supplies and Tools 4568 335.92 Guudoo Press Inc. NCR Form Printing 4669 242.53 Goodyear Auto Service Center Tires 4570 151.71 Gronite/nok Field Supplies Page 1 � Claims No. 08'15 K8eetngS8-18 Date: August 12. 19S8 Revised K8|OPEN|NSUL4 REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4571 600.00 Grant Thornton LLP Annual Auditors � 4572 1'425.00 GroenbeltAUianoo/Gneon|nfo Patrol Map Book Designers � 4573 429.00 GreenVVooteReunvery, Inc. DumpatarServioo 4574 131.54 GTE Wireless Cellular Phone Service 4575 31.05 Hawkins Traffic Safety Supply Parking Signs � 4576 3'799.68 Hertz Equipment Rental Dozer Rental � 4577 101.47 The Home Depot Deer Hollow Farm Supplies 4578 11.98 Honda Peninsula Motor Oil 4579 234.87 Hynter Sales Company Equipment Rental & Parta 4580 1,561.20 Irvine /& Cooper Lovv Offices Legal-K8ROSO vs. Enperaon-Rodriquez � � 4581 888.05 Irvine Q' Cooper Law Offices LeOo|-K8RC>GD vs. Ireland 4582 310.38 Jodi |aaucm Vehicle Expense � 4583 8'500.00 FranhVV. |nidoro Foothills Grading Services � � 4684 492.61 JokobyEngineering La Honda Creek Bridge & Barn Consultant 4685 3.138.25 Jave|no Equipment Service, Inc. Wacker Tamper 4580 22.00 Kevino Auto Repair Vehicle Smog Check � 4587 408.08 Anne Ko|atzke FEK8A Project Consultant � 4588 42.98 KraAon-CSK Auto Vehicle Supplies 4589 108.31 Langley Hill Quarry Drain Rock 4590 43'308.28 °3 Laoher Dodge, Inc. Two Vehicles-Operations Department 4591 221.87 Los Altos Garbage Company DumputorSorvioe 4592 401.04 Lucent Technologies Phone Maintenance Service 4583 703.25 K8ervvin Mace Acquisition Consultant 4594 22.84 K8odcoVVe|ding Supply Company, Inc. Welding Gas 4595 461.05 K8C| Long Distance Phone Service 4590 2,232.87 W1otroK0obi|eCornnnunicationm Radio Repair and Servicing 4697 849.64 Micro Accounting Solutions Computer Products & Servicing 4588 705.77 Minton'n Lumber 0, Supply Field Supplies 4589 280.37 Moffett Supply Company Sanitation Supplies 4600 50.00 National Recreation and Park Association Annual Subscription Renewal 4601 1'183.92 NavoroneK8ai|ing Services Summer Newsletter Printing � 4602 386.51 Noble Ford Tractor, Inc. Tractor Radiator Repair � 4603 80.39 Northern Energy Propane Service � � 4604 142.33 Office Helper Products Office Supplies � 4605 1'320.00 Overhead Door Company of Santa Clara Valley Ranger Residence Garage Doors 4006 384.97 Pacific Bell Telephone Service 4007 414.83 Peninsula Blueprint, Inc. Printing and B|ue|ino Services � 4608 792.47 Pine Cone lumber cn.' Inc. Fence Materials--Windy Hill 4609 566.69 Pip Printing Map, Business Card &/ Newsletter Printing 4610 101.38 Porter Rents Forum Rental Supplies � 4811 G38'G0 Town of Po�o|a Valley Town Planner Retainer -Parking Lot Dev. ! 4612 123.12 PoxvedandEqu|prnent' Inc. Tractor Parts 4613 5.30 Rancho Cobbler Boot Dye 4614 35.43 R.E. Bonnnann'e Steel Company Angle Iron for Table Repair 4615 34.13 Rayne Water Conditioning Water Service � 4616 43.26 Rood Q^ Graham, Inc. Road Repair Materials 4617 39.50 Rich's Tire Service Tire Repair 4618 458.31 Rny'e Repair Service Vehicle Maintenance & Repair 4619 658.35 Russ Enterprises Signs | Page � Claims No. 98-15 Meeting 98-18 Date:August 12, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4620 200.20 San Francisco Chronicle Annual Subscription 4621 51.85 David Sanguinetti Reimbursement--Boot Repair 4622 527.45 San Jose Mercury News Election Notice Advertisement 4623 42.22 San Mateo County Times Subscription 4624 93.10 Santa Cruz Sentinel Election Notice Advertisement 4625 284.88 *4 Second Cup Business Meeting Expense 4626 644.60 John Shelton, Inc. Culverts 4627 266.62 Skyline County Water District Water Service 4628 97.42 Space Designs Office Chair Maintenance Parts 4629 381.18 Shell Oil Fuel 4630 254.14 Signs of The Times Signs 4631 80.08 Skywood Trading Post Diesel Fuel 4632 178.48 Sportif Wholesale, Inc. Uniform Shorts 4633 1,250.00 State of California Dept. of Fish & Game Resource Document Database-Planning 4634 408.44 State of CA Department of General Services Vehicle Procurement Fees 4635 18.00 State Board of Equalization Diesel Fuel Tax 4636 9,902.79 Stevens Creek Quarry, Inc. Road Grading and Rock 4637 237.07 Summit Uniforms Uniforms 4638 3,520.00 *5 Sun Valley Tree Care, Inc. Tree Removal Service 4639 150.00 Terrasearch Inc. Geotechnical Services--Bridges 4640 69.00 Touchatt Trucking Rock Delivery--Saratoga Gap Trail 4641 15.20 Turf & Industrial Equipment Co. Equipment Parts 4642 58.37 University Art Center Graphic Supplies 4643 15.34 Unocal Fuel 4644 4,000.00 *6 U S Postmaster Postage 4645 98.93 U S Rentals Stump Grinder Rental 4646 381.87 Wheel Works Tires 4647 300.00 Roberta Wolfe Recording Services 4648 85.64 Yardbird Equipment Sales Bushcutter Blades and Parts 4649 143.98 Lisa Zadek Vehicle Expense 4650R 196.36 Custom Alignment Vehicle Maintenance 4651R 275.47 *7 Compurun Systems Computer Upgrade 4652R 430.71 Petty Cash Business Meeting Expense, Field Supplies Office Supplies, Nature Center Supplies, Printing Services, Film Development, Vehicle Maintenance&Repairs and Volunteer Supplies *1 Urgent Check Issued July 28, 1998 *2 Urgent Check Issued July 23, 1998 *3 Urgent Check Issued August 04, 1998 *4 Urgent Check Issued July 23, 1998 *5 Urgent Check Issued July 23, 1998 *6 Urgent Check Issued July 28, 1998 *7 Urgent Check Issued August 12, 1998 TOTAL 550,905.16 Page 3 Claims No. 98-15 MeetinQ98-18 Date: August 12, 1998 K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4525 151.90 Acorn Naturalist Resource Documents-Nature Center 4530 425.00 Aaron's Septic Tank Service Sanitation Services 4527 634.86 Acme & Sons Sanitation Sanitation Services 4528 126.89 ADT Security Systems A|orrn Services 4528 238.42 Ajax Portable Services Sanitation Services 4530 124.48 KriotiA|tinri Vehicle Expense 4531 47.78 Randy Anderson Vehicle Expense 4532 71.82 ANG Newspapers Notice of Election-Advertisement 4533 199.85 Arne' Sign Q' Decal Co.' Inc. Logo Docu|o 4534 20.35 ATQ' T Telephone Services � 4635 106.00 Bartlett Tree Experts Tree Maintenance 4536 360.00 Battery-Tech Inc. Radio Batteries � 4537 25.00 Bay Area Air Quality Management District Fuel Nozzle Permits 4538 1'23O.41 Big Creek Lumber Retaining Wall Lumber-FEK8A Project � 4539 180.00 BiU'uTovving & Recovery Towing Services � 4540 16'113.75 Biological Mediation Systems, Inc. Monte Bello Backpack Camp Rootroorn � � � 4541 2,575.00 Louis Bonji General Engineering Grading Services-Skyline 4542 39'028.25 Brazil's Excavating, Inc. Shilling Lake Spillway Landslide Repair � 4543 594.00 Brion Kangau Fou|h Engineers Hydraulic Analysis Report-Teague Hill � � 4544 1'412.50 Jane Buxton Ross & FEMA Project Consultant 4545 204.27 Communications & Control, Inc. Mt. Umunhunn Water Pump Electricity � 4646 110.65 Cal-Line Equipment Inc. Chipper Equipment Parts � 4547 ^296.79 a|ifnrniaVVotorSen/ioaCompany Water Service � . � 4548 ' 658.61 CeUmnder Associates Parking Lot Design Consultants-Windy Hill 4549 70.00 Camino K8edioe| Group K8odico| Services � � 4550 1'701.28 Caroonite International Road Markers & Deoe|o � � 4551 804.01 Cascade Fire Equipment Company Fire Equipment & Supplies � 4551 103.18 Cole Supply Company Inc. Janitorial Supplies � � 4552 2'450.05 °1 Connpurun Syntanno Computer & Upgrades 4553 2.831.40 ComnpurunSyatemo Computer /& Upgrades 4554 468.86 CoutooVVho|eao|e Meeting & Office Supplies & e Drill � 4555 49.50 Cougar Couriers Express Courier Service � 4556 00.34 Laurie Crook Reimbursement--Frames � 4557 5'145.15 Dell Computers Computers 4558 7'835.90 Design Concoptn-Deborah Mills Graphics & Design for Newsletters &/ Map 4558 1'180.00 °2 Divine Catering Recognition Event Catering 4560 134.22 Emergency Vehicle Systems Vehicle Lightber Repairs � 4561 550.00 Kevin Emery Builder Enterprise Rental Repair 4562 198'000.00 First American Title Insurance Company Neod Acquisition � 4563 159'000.00 First American Title Insurance Company Lindner Acquisition � 4564 159.58 Foster Brothers Security System, Inc. Locks & Keys � 4566 30.30 G & KServices Shop Towel Service � 4566 27.79 G. P. Sports Tail light for ATV 4587 1'886.20 Gardon|and Power Equipment Field Supplies and Tools 4568 335.92 Goodno Press Inc. NCR Form Printing � 4569 242.53 Goodyear Auto Service Center Tires � 4570 151.71 Qranbunook Field Supplies � � � Page Claims No. 98-15 Meeting 98-18 Date: August 12, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4571 600.00 Grant Thornton LLP Annual Auditors 4572 1,425.00 Greenbelt Alliance/Greenlnfo Patrol Map Book Designers 4573 429.00 GreenWaste Recovery, Inc. Dumpster Service 4574 131.54 GTE Wireless Cellular Phone Service 4575 31.05 Hawkins Traffic Safety Supply Parking Signs 4576 3,799.58 Hertz Equipment Rental Dozer Rental 4577 101.47 The Home Depot Deer Hollow Farm Supplies 4578 11.99 Honda Peninsula Motor Oil 4579 234.87 Hyster Sales Company Equipment Rental & Parts 4580 1,561.20 Irvine & Cooper Law Offices Legal-MROSD vs. Esperson-Rodriquez 4581 868.05 Irvine & Cooper Law Offices Legal-MROSD vs. Ireland 4582 310.38 Jodi Isaacs Vehicle Expense 4583 6,500.00 Frank W. Isidoro Foothills Grading Services 4584 492.61 Jakaby Engineering La Honda Creek Bridge & Barn Consultant 4585 3,139.25 Javelco Equipment Service, Inc. Wacker Tamper 4586 22.00 Kevins Auto Repair Vehicle Smog Check 4587 408.08 Anne Koletzke FEMA Project Consultant 4588 42.98 Kragen-CSK Auto Vehicle Supplies 4589 109.31 Langley Hill Quarry Drain Rock 4590 43,308.28 *3 Lasher Dodge, Inc. Two Vehicles-Operations Department 4591 221.87 Los Altos Garbage Company Dumpster Service 4592 461.64 Lucent Technologies Phone Maintenance Service 4593 703.25 Merwin Mace Acquisition Consultant 4594 22.84 Madco Welding Supply Company, Inc. Welding Gas 4595 461.05 MCI Long Distance Phone Service 4596 2,232.87 MetroMobileCommunications Radio Repair and Servicing 4597 849.64 Micro Accounting Solutions Computer Products & Servicing 4598 705.77 Minton's Lumber & Supply Field Supplies 4599 280.37 Moffett Supply Company Sanitation Supplies 4600 50.00 National Recreation and Park Association Annual Subscription Renewal 4601 1,183.92 Navarone Mailing Services Summer Newsletter Printing 4602 386.51 Noble Ford Tractor, Inc. Tractor Radiator Repair 4603 80.39 Northern Energy Propane Service 4604 142.32 Office Helper Products Office Supplies 4605 1,320.00 Overhead Door Company of Santa Clara Valley Ranger Residence Garage Doors 4606 364.97 Pacific Bell Telephone Service 4607 414.83 Peninsula Blueprint, Inc. Printing and Blueline Services 4608 792.47 Pine Cone lumber co., Inc. Fence Materials--Windy Hill 4609 556.69 Pip Printing Map, Business Card & Newsletter Printing 4610 101.39 Porter Rents Forum Rental Supplies 4611 636.60 Town of Portola Valley Town Planner Retainer -Parking Lot Dev. 4612 123.12 Powerland Equipment, Inc. Tractor Parts 4613 5.36 Rancho Cobbler Boot Dye 4614 35.43 R.E. Borrmann's Steel Company Angle Iron for Table Repair 4615 34.13 Rayne Water Conditioning Water Service 4616 43.26 Reed & Graham, Inc. Road Repair Materials 4617 39.50 Rich's Tire Service Tire Repair 4618 458.31 Roy's Repair Service Vehicle Maintenance & Repair 4619 659.35 Russ Enterprises Signs Page2 Claims No. 98-15 Meeting 98-18 Date: August 12, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4620 200.20 San Francisco Chronicle Annual Subscription 4621 51.85 David Sanguinetti Reimbursement--Boot Repair 4622 527.45 San Jose Mercury News Election Notice Advertisement 4623 42.22 San Mateo County Times Subscription 4624 93.10 Santa Cruz Sentinel Election Notice Advertisement 4625 284.88 *4 Second Cup Business Meeting Expense 4626 644.60 John Shelton, Inc. Culverts 4627 266.62 Skyline County Water District Water Service 4628 97.42 Space Designs Office Chair Maintenance Parts 4629 381.18 Shell Oil Fuel 4630 254.14 Signs of The Times Signs 4631 80.08 Skywood Trading Post Diesel Fuel 4632 178.48 Sportif Wholesale, Inc. Uniform Shorts 4633 1,250.00 State of California Dept. of Fish & Game Resource Document Database-Planning 4634 408.44 State of CA Department of General Services Vehicle Procurement Fees 4635 18.00 State Board of Equalization Diesel Fuel Tax 4636 9,902.79 Stevens Creek Quarry, Inc. Road Grading and Rock 4637 237.07 Summit Uniforms Uniforms 4638 3,520.00 *5 Sun Valley Tree Care, Inc. Tree Removal Service 4639 150.00 Terrasearch Inc. Geotechnical Services--Bridges 4640 69.00 Touchatt Trucking Rock Delivery--Saratoga Gap Trail 4641 15.20 Turf & Industrial Equipment Co. Equipment Parts 4642 58.37 University Art Center Graphic Supplies 4643 15.34 Unocal Fuel 4644 4,000.00 *6 U S Postmaster Postage 4645 98.93 U S Rentals Stump Grinder Rental 4646 381.87 Wheel Works Tires 4647 300.00 Roberta Wolfe Recording Services 4648 85.64 Yardbird Equipment Sales Bushcutter Blades and Parts 4649 143.98 Lisa Zadek Vehicle Expense *1 Urgent Check Issued July 28, 1998 *2 Urgent Check Issued July 23, 1998 *3 Urgent Check Issued August 04, 1998 *4 Urgent Check Issued July 23, 1998 *5 Urgent Check Issued July 23, 1998 *6 Urgent Check Issued July 28, 1998 TOTAL 550,002.62 Page 3 Regional Open we 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manage DATE: August 7, 1998 SUBJECT: FYI 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • 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 .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM July 31, 1998 TO: Board of Directors FROM: C. Britton, General Manager (-- SUBJECT: Addition of the Georgette Y. Monaghan 1/42 Interest in the 30-Acre Kirschbaum Property, Cathedral Oaks Area of the Sierra Azul Open Space Preserve In accordance with your Rules of Procedure, Section 260 (2), as amended on June 18, 1991 (see Report R-91-62), to wit: The General Manager is hereby authorized to approve the acquisition of a minor interest in or easement upon real property and accept on behalf of the Midpeninsula Regional Open Space District deeds or grants conveying any such minor interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required by law, subject to the following: a) The General Manager finds that the acquisition of such minor interest in or easement upon real property is consistent with District policy; and b) The cost does not exceed the General Manager's authority as provided in Section 5549(b) of the Public Resources Code and as approved by the Board of Directors from time to time; and c) The General Manager informs the Board of Directors of the action or proposed action within a reasonable period of time; I signed a Certificate of Acceptance on July 29, 1998 and a Gift Deed was recorded on July 30, 1998 for a 1/42 interest in the subject property (see attached map), based upon my determination that acceptance of this gift is in accordance with the above stated policy. The District previously received Gift Deeds of a 1/42 interest each in the property from Gen Graves on May 14, 1998, and Clifford I. Arellano on July 15, 1998. The District's interest in the property is now 3/42. If and when the District is in a position to acquire a substantial interest in this property, staff will provide you with a full report on the use and management aspects of the property. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • 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 SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District 171 ` -� N l " PS. 1 LEXIlYGTON- �L SCOUN cswi PARK "ail ray V ' V F GIFT OF 1.0 *4 �- -, l/42 INTEREST ''�ry 00 (KIRSCHBAUM) 1 �8OO = - M r z. . a 0.0 .1 .2 .3 .4 S .6 .7 .8 .9 1.0 _ - t c� r 0 One Mile .0 FXH I RIT A: PROPERTY LOCATION MAP APN: 558-29-009 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: h-:3 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Doc#: 14310290 Attn: General Manager 7/30/1998 12:56 PM DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE PURSUANT TO GOVERNMENT CODE PUBLIC AGENCY ACQUIRING TITLE SECTION 38 CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922. BY: GIFT DEED In order to promote the public welfare, GEORGETTE Y. Nic)NAGHAN hereby GRANTS, GIVES, CONVEYS, RENIISIES, RELEASES and FOREVER QUITCLAIMS to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, all of her rights, title, current interest and any future interest in the following described real property in the County of Santa Clara, State of California: Being more particularly described in Exhibit "A" as attached hereto and incorporated herein by this reference. Dated:`'7 , a 1998 Georg9tte- Y. Aonaghan' i STATE OF WASHINGTON COUNTY OF C 1998 before m p:hon�allap�peared appeared Y. Monaghan, personally Known to nV(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person,or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL SANDRA A. WORLEY NOTARY PUBLIC-STATE OF WASHINGTON (SEAL) COUNTY OF SPOKANE Notary Public Signature// My Commission Expires January 16,2001 EXHIBIT"A" LEGAL DESCRIPTION REAL PROPERTY in the County of Santa Clara, State of California, described as follows: PARCEL ONE: Beginning at the 1/4 Section comer between Sections 34 and 3 T. 8 S. and T. 9 S.R. I.W. and running thence along the Section line between said Sections 3 and 34 S. 890 40' E. 16.71 chs. to a stake marked A. G. 1. thence parallel to the line between Sections 34 and 35 T. 8 S. R. 1. W. North 20.00 chs. to a stake marked A. A. standing in the North line of the South 1/2 of the Southeast quarter(S. E. 114) of Section 34 T. 8 S. R. I. W. from which a live oak 24" in diameter marked B.T.A.A. bears S. 60° W. 95 links and a live oak 12" in diameter marked B.T.A.A. bears S. 870 E. 117 links, thence parallel to the first course N. 890 40' W. 16.71 chs. to a stake marked 1/8 S. standing in the 1/4 section line running North and South through the center of Section 34 T. 8 S. R. I. W. thence along said 1/4 section line South 20.00 chs. to the place of beginning and being the western 1/3 (one third) of the South 1/2 (one half) of the Southeast quarter (S.E. 1/4) of Section 34 T. 8 S. R. I. W. M. D. M. Courses true var. 16 1/20 E. excepting about one and one-half acres sold to Herbert G. Adair, December'12, 1891, and recorded in Liber 145 Deeds, page 34, Santa Clara County Records. PARCEL TWO: The rights and easements granted in the Deed from Gaspard Turel, et ux, to Cayetano Arellano, dated April 14, 1888 and recorded February 13, 1892 in Book 141 of Deeds, page 606, Santa Clara County Records, as follows: The following described rights of way over that portion of the Northern 1/2 of the Northeast 1/4 of Section 3 and the Northern 1/2 of the Northwest 1/4 of Section 3, T. 9 S. R. 1 W; M.D. B. & M., upon an clover which is now (1888) laid out and partly constructed a Wagon Road by said Arellano, et al, also such right of way over said land as may be necessary to make the land of said Arellano accessible from the Alma & Mount Pleasant Road, said rights of way to be as wide as deemed necessary by all parties concemed. APN: 558-29-9 CERTIFICATE OF ACCEPTANCE Q6VL Coda Ssr.27281 This 18 to W*VW htM Nltieerest in real Property oor AW by hM WO d0*d 10 the Midpeninsula R� � CkIft 0 DINhiOL a public district o1 Caf f fts.le hereby accepted by ResokOw No. 9148_olf the Board of Directors, dated June 28, 1991, arld In Grantee consents to recordation t 0md by No duty authorized officer. kBy . Distrlict General Manager. FROM N.HANKO PHONE NO. 650 494 0796 Jul. 29 1998 10:43AN P1 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 3172 Emerson Street Palo Alto, California July 29 , 1998 Dear Mr. Dare, Thank you for your letter to Director; Siemens and myself regarding trail conflicts on El Corte7Madera, Since your letter was addressed to individual Directors , it was not answered by the Board but has had to wait both my absence and now Mr. Siemens 7 vacation. Please excuse the delay. 1,m sure that he will reply individually also. Yes, I would be happy to receive any papers on the subject of trail conflicts that you would be willing to send;and in fact that other Board Members would wish me to share with them. My FAX is 1-650- 494-0796. 'Thank you. As you probably know, El Corte de Madera is a site containing a network of trails already in place prior to the District's acquisition of the property. Since the site was opened to the public with this pre-existing network that was designed for the logging permitted under the prior owner's agreement, we have had to deal with conflicts which might not have existed had the District been in the position of planning from scratch. I'm not convinced that a hiker-Only trail is possible on this site, despite there being a wealth of trails already existing . This is a favored preserve by the bicycle commun- ity, and a safe trail network for that use should receive high consideration. Sincerely,�� Nonette Hanko mn San Antonin Circle,Suite C-135•Mountain view,California 94040-Phone;{415)949-5,500•FAX:(415)949-5679 Regional Open , ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: July 28 1998 TO: C. Britton, General Manager FROM: M. Smith, Public Affairs Manager RE: Provision of District maps to retail stores We discussed the need for a procedure to handle the increasing number of retail stores that request District maps. The purpose of a such a procedure would be to allows us to provide a reasonable quantity of maps, while maintaining our inventory, keeping our costs down, and allowing for adequate map production planning. There area approximately 85 stores in our database to which we have sent ma ps. s. lad Y r Some stores request only a limited number of specific maps during the year; others are requesting significant quantities of all maps on a regular basis. I proposed the following limitations, which would apply to retail establishments, clubs, professional organizations, or any entity other than a public agency or private non-profit group requesting maps from the District: • Only the Visitors Map will be provided. Individual preserve trail maps will not be provided directly to stores, but can be obtained by the visitor on-site at the trailhead, or directly from the District. • Each store is limited to 150 Visitors Maps per calendar year, free of charge. • Additional Visitors Maps will be provided for 40-cents each, which is one-half of the District's actual cost of producing the maps. There is no limit to the quantity available at this cost. • Maps must be picked up at the District office, or can be mailed at the store's expense. • For maps requested beyond the initial 150, payment is required prior to picking up the maps, or having them mailed out. • The District reserves the right to decline a request if its inventory is deemed to be low, the first priority being given to open space preserve visitors. We agreed that the above limitations will allow for a reasonable level of distribution through retail stores, while maintaining an adequate, predictable inventory for distribution to preserve visitors. As new requests from stores come to the District, a letter outlining the limitations will be provided. i I 330 Distel Circle - Los Altos, CA 94022-1404 » Phone: 650-691-1200 FAX:650-691-0485 - E-mail: mrosdUopenspace.org m Web site:www.openspace.org Board of Directors:fete 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 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEETING NOTICE July 24, 199$ To: People interested in the Regional Open Space Study process From: Randy Anderson, Senior Planner 9' Re: Meeting on adoption of revised Basic Policy Wednesday, August 12, 7:30 p.m. District Administrative Offices 330 Distel Circle, Los Altos Your name is on a list of people who attended workshops or expressed interest in the District's Regional Open Space Study process, which has been conducted over the past two years. You were sent a notice about a workshop held May 6, 1998 at which the Board of Directors considered the final draft products of the study. The last step in the study process is the adoption of a revised Basic Policy document for the District. The final draft policy document, based on extensive public review and discussion during the study process, is attached for your information. Final review and adoption is agendized for the August 12 meeting. Attendance at the meeting and written comments are encouraged. Please contact me at (650) 691-1200 if you would like additional information. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX: 650-691-0485 • 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 Parks Department Greater Vancouver Regional District Telephone (604) 432-6350 4330 Kingsway,Burnaby, British Columbia, Canada V5H 4G8 Fax (604) 432-6296 i Mr. Craig Britton RECENED General Manager Midpeninsula Regional Open J U L 27 Space District [,',LPENINSULA REGIONAL 330 Distel Circle OPEN SPACE Di3TMCT Los Altos, CA 94022 July 13, 1998 Dear Mr. Britton: Thank you for you generous hospitality towards GVRD representatives at the Special District Parks Forum in May. We took in a lot of valuable and interesting information. If you venture to Vancouver please let me know. Once again, thank you. Yours sincerely, i Richard A. Hankin Manager Regional Parks RAWcc Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 24, 1998 This letter also sent to: Honorable James McGovern Honorable Michael Pappas Member, United States Congress 1710 Longworth House Office Washington, DC 20515 Dear Representative Pappas: On behalf of the Midpeninsula Regional Open Space District and its hundreds-of- thousands of constituents, I would like to thank you for taking a leadership role in attempting to reestablish the stateside element of the Land and Water Conservation Fund. Your action is an outstanding example of the kind of leadership that is necessary if we are to ensure a permanent legacy of parks and open space for the generations of Americans to come. The fact that the McGovern/Pappas amendment did not pass should not dissuade you from continuing in your efforts to reestablish the stateside component of the Land and Water Conservation Fund, and ultimately to fully allocate this important source of grants. I applaud your noble efforts, and thank you for your support of parks, open space, and our future generations. Sincerely, Betsy Crowder President, Board of Directors BC/mcs cc: MROSD Board of Directors Honorable Anna Eshoo Honorable Tom Campbell Honorable Zoe Lofgren 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • 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 •General Manager:L.Craig Britton LivablPlaces U pd June 1998 Emerging Trends in Conimunity Planning and Design Polls Reveal Public Distress About Loss selecting a home,the following values are Of Open Space: Several public opinion key: responsibility to family,safety,space, audits have been commissioned by individuality,privacy,freedom of choice, Californians and the Land,a project spon- convenience,and an appreciation for nature. sored by four of the state's major founda- Participants particularly felt that suburban tions.These results,and others obtained development lacks individuality and free- nationally,demonstrate that saving open dom of choice.Focus group results revealed space is a deeply and universally held desire. that people do believe in planning,indeed it is the solution that they espoused most often. One of the Californians and the Land projects And while they want roads,they want public was a review of all the editorials,viewpoints transportation too. and,letters to the editor published in California's major papers between 1994 and ' The same consultant carried out focus groups 1998.Of those articles addressing land use, in other parts of the country,commissioned 98 percent expressed support for stopping by the Nature Conservancy,and found urban sprawl and creating city boundaries to similar results.For more information,contact stop farmland from being lost-to develop- Carol Baudler of Californians and the Land at ment.According to the pollsters,"Whether it (415)281-0437. is a city like Fresno which is new to urban sprawl or Los Angeles which has been graph A recent poll of residents in Salt Lake City pling with it since the 60's,the need to do , and surrounding areas carried out by the Salt something now before it is too late is being Lake City Tribune found that 87 percent of heard from citizens,professors,environmen- respondents believe developers should be talist activists,and the editorial boards." asked to set aside open space as part of their projects.When asked whether cities should Another survey involved a review of public be required to establish urban growth bound- opinion polls undertaken in California since aries in order to limit urban growth,55 per- 1989.This effort revealed a dramatically cent said yes;33 percent said,no,and 12 changing view by Californians toward new percent were undecided. development.Eight years ago while 85 � ppercent of Californians felt there was too s,' is " much population growth in the state,most were afraid that limits on growth and devel- opment would do more harm than good. Today,three quarters of California voters support the idea of setting up urban bound aries to stop sprawl and preserve agricultural land and open space.A majority of voters also believe that local officials making land use decisions are listening to developers, rather than to the community. Suburban development is responsible for the rapidly-vanishing loss of open space.While A third project consisted of eight focus we believed in the past that suburban devel- groups carried out throughout the State. opment was necessary in order to meet the Focus group participants felt that sprawl demands of the market,this may no longer cannot be stopped,but it should be con- be true.Polls now reveal that a home in the trolled.The key reason for doing so is to suburbs is not a universally held goal.More protect open space.This sentiment was than 8 in 10 people taking part in a 1997 raised in numerous ways: support for pre- Fannie Mae national housing survey said serving farmland because it is a California they would consider living in a small or mid- resource,protecting habitat that is home to' sized city rather than a suburb,if they had a wildlife because we need to keep natural choice.This is the first time in a decade that places to enjoy,and establishing zones to more people said buying a home in a city protect open space and to limit development. instead of the suburbs may be a good idea. According to Robert Liberty,Executive The focus groups also attempted to deter- Director of Thousand Friends of Oregon,the mine what forms the basis of Californians' requests for information about Oregon's decisions on where to live.It turns out that in growth boundary legislation and policies for urban revitalization are ily increasing. is available at$14 per -)lus shipping and "I am beginning to feel L. this effort to handling by calling 86 -3873. address the twin horsemen of the urban apocalypse,sprawl at the edge and decay at "Keeping Our Garden State Green: A Local the center,is on the verge of turning into a Government Guide for Greenway and Open national movement." Space Planning,"published by the New Jersey Department of Environmental Protec- Open Space Affects Economic Health: tion,provides both interesting economic Around the country,communities are recog- facts,a model strategy for planning nizing that the conservation of open space greenways,and tools including a model can be of economic benefit,according to resolution,ordinance,and easement lan- several new publications issued by organiza- guage.To order a copy,contact the ANJEC tions as diverse as the National Park Service, Resource Center at(973)539-7547. the Lincoln Institute of Land Policy,and the Association of New Jersey Environmental Idaho Official Uses Communication To Commissions. Address Unwieldy Regional Growth: In the last decade,with growth and development Conservation easements on farmland help to booming,many elected officials in south- preserve the economic backbone of many western Idaho recognized the need for re- traditional local economies.Greenbelts, gional goals.Attempts to discuss these issues, greenways,rivers,and trails have been dem- however,had not been successful.With the onstrated to increase nearby property values. rapid growth of the City of Boise,other cities These amenities also attract visitors,provid- and counties in the Treasure Valley were also ing new business opportunities for tourism- feeling the pressure of Boise's growth as it related enterprises.In inner cities,reclaiming put new demands on them. open space through park renovations sparks redevelopment and increases the value of Last year,the Mayor of Idaho,Brent Coles, adjacent neighborhoods. inspired by his previous participation in the Mayor's Institute on City Design(sponsored Open space can be preserved through infill by the National Endowment for the Arts) and more compact new development.This decided to do something about improving practice also saves the public the high costs of relations between the cities and counties in road and sewer construction. the valley.He invited six mayors and two county commissioners to join him for a two The Park Service Document,titled"Economic day retreat to discuss regional growth issues Impacts of Protecting Rivers,Trails and such as community identity,transportation, Greenways Corridors,"focuses primarily on open space and recreation,and growth pat- how to determine the potential economic terns.In addition to the elected officials, impacts of river,trail and greenway projects national experts in each of these areas were including: impacts on real property values, brought in to help provide information and expenditures by residents and tourists,cor- guidance to the discussion. porate relocation and retention,and public cost reduction.The document is full of inter- By the end of the retreat,the elected officials esting case studies including a study in had developed a two-page document titled Boulder,Colorado which revealed the aggre- "The Treasure Valley Partnership Agree- gate property value of a neighborhood with a rn'ent."Signed by all nine elected officials,the greenbelt to be about$5.4 million more than agreement specified goals for each of the four if there had been no greenbelt.The study also areas discussed during the retreat:regional shows many cases where clustering develop- growth,development patterns,land use and nient decreased overall development costs transportation.These goals were linked to while resulting in greater profits for the specific steps designed to create a coherent developer.To order a,copy,contact Debbie plan for elected officials to follow.Steps also Allen at the Park Service ht(415)427-1446. address'measures to reinforce community identities and a sense of place.The Partner- "Open Space Conservation,"written by the ship has been meeting on a monthly basis to Lincoln Institute,provides information about work on each of the goals.According to the three ways communities can protect open Coles,"Maintaining individual relationships space: through regulatory measures,the has been key to our success."For more infor- outright purchase of land,or the use of con- mation,contact Mayor Brent Coles at(208) servation easements.This 36-page document 384-4422. Livable Places Update is published monthly and is a project of the Local Government Commission's Center for Livable Communities, with assistance from U.S.EPA Transportation Partners. For sub- scription infonnation call us at v(916)448-1198. If you have news from your area to include in future issues,please send it to: LPU, 1414 K Street, Suite 250,Sacramento, CA 95814. SONOMA COUNTY rARM BUREAU � Affiliated with the California Farm C3ureau Federation and the American Farm Bureau Federation FARMERS' CONCERNS REGARDING TRAILS ON AGRICULTURAL LANDS 1. Security—rural crime is rising. it includes theft,vandalism,and burglary. The Sheriffs Department recommends that farmers keep a record of parked cars—this program is useless if trail users are parking adjacent to agricultural lands. It is difficult, if not impossible, to catch a thief or vandal red-handed—with a trail nearby, all they need say is that they must have wandered from the trail accidentally. Without a trail nearby, they have no excuse when found on private property. 2. Fencing—6'high chain link, maintained constantly (holes repaired) is the only feasible way to keep dogs,hikers,horses,bikers,and others on the trail. If holes are not repaired promptly,security becomes impossible. 3. Fire—most of these trails are in the areas of high fire hazard—what steps will be taken to prevent fires (most of the trails are so long that overnight hikes and rides are likely)?Most people sleeping overnight on the trail build fires. 4. Orchard contamination—it is easy to carry root rot from one orchard to another. Even with adequate trail fencing,the spores do not respect fences. Hiking in a creek from which orchard irrigation water is diverted has the potential to spread root rot to the healthy irrigated orchard. Many orchards require that vehicles and people entering pass thorough a chemical footbath to kill the spores. How can this prevention technique be applied and enforced on a trail? 5. Pesticide danger—how can the County protect trails users from chemicals and protect farmers from liability suits? In many cases, dangerous chemicals must be applied at critical times,within a narrow time frame to be effective against a pest. 6. Liability—CiviI Code Section 846 will not protect the farmer from being sued for injuries resulting from allegedly dangerous activities and conditions. On a farm or ranch,there are many activities and conditions which an urban dweller would consider dangerous (e.g., heavy equipment,open trenches,overgrown holes, faun dumps,guard dogs, aggressive cattle, range stallions). 7. Closure of troublesome or hazardous trails—what criteria and procedure will be implemented for closing trails about which neighbors complain or which are hazardous? 8. Safety—how will the Sheriffs Department and Park Department patrol these trails to prevent muggings, thefts,rapes,motorized vehicles, trespassing onto private property. etc?According to the Sheriffs Department, they have no budget for this type of expensive patrolling. 9. Hours—are these trails for daylight use only?If so,how will that be enforced? 970 Piner Road. Santa Rosa, CA 95403. Phone (707) 544-5575 9 Fax (707) 544-7452 10. Rules for use—how will the public be aware of the rules for use of these trails? Who will patrol the trails to enforce rules? 11. Damage to wildlife habitat—how will this be monitored and prevented? 12. Use of firearms—how will this be monitored and prevented? 13. Motorized vehicles—how will these be excluded? 14. Sanitation Facilities—What would be provided and where? 15. Fences which are necessary to provide security and to keep trail users on the trail, have the adverse impact of interrupting grazing patterns and wildlife migration. How would this be addressed? 16. Parking—would need to be provided but how and where? 17. Setbacks—How would a 100 foot or more trail setback from property lines be established to minimize impacts to adjacent landowner's property? Regional Open ace 4*de .............................................. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 22, 1998 Terry Winckler Managing Editor, San Mateo County Times 1080 S. Amphlett Boulevard San Mateo, CA 94403 Dear Mr. Winckler: Some statements concerning the Midpeninsula Regional Open Space District were made in July 7 Letter to the Editor that merit a response in order to provide an accurate account of the facts. There are four seats on the District's Board of Directors up for election in November, not three. The four seats are, Ward I (Los Gatos, Monte Sereno, Saratoga, portions of Cupertino and unincorporated Santa Clara County); Ward 2 (Los Altos Hills, portions of Cupertino, Los Altos, Sunnyvale, and Stanford, and part of unincorporated Santa Clara and Santa Cruz Counties); Ward 5 (Palo Alto and portions of Stanford and East Palo Alto); Ward 6 (Menlo Park, Atherton, Portola Valley, Woodside, portions of East Palo Alto, and parts of unincorporated San Mateo County). Individuals interested in running for office in one of these wards are encouraged to contact the District at (650) 691-1200, to obtain the nomination documents necessary for filing. The deadline for filing nomination papers is Augusts 7, 1998. The District finances all of its land acquisitions through long-term borrowing, among other mechanisms. By financing its acquisitions (much like an individual finances the purchase of a home), the District is able to preserve the maximum amount of open space land as soon as it becomes available, for the lowest possible price, before it is sold, developed, and lost forever as potential public open space. By law, the District may incur debt in an amount of up to five years of anticipated property tax revenue. The District has always remained within this statutory debt limit, and enjoys an"A+" bond rating, indicating its financial well-being and conservative fiscal philosophy. In fiscal year 1997-1998, approximately 41 percent of District revenue was used to service debt for previous land acquisitions. Any member of the public may obtain a copy of the District's audited financial reports by calling the District office. The District has placed on the November 3, 1998 ballot an advisory measure asking San Mateo County coastal voters if they would like their area to be annexed into the District. This advisory measure would be voted on only in the coastal area of San Mateo County, south of the City of Pacifica and west of Skyline Boulevard. If the advisory measure is approved by a majority of the voters, it is likely that the District would proceed with application to the Local Agency Formation Commission to begin the formal annexation process. This is an open and public process which involves public hearings and ample opportunity for meaningful public input and participation. 330 Distel Circle - Los Altos,CA 94022-1404 * Phone:650-691-1200 FAX:650-691-0485 - E-mail:mrosd@ol)enspace.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 July 22, 1998 Mr. Terry Winckler Page -2- 'his measure does not involve any increase in taxes, nor does an annexation. If the advisory measure is approved and the District proceeds with annexation, the District would consider a funding measure, requiring a two-thirds majority vote, for a future ballot. An expansion would enable the District to better participate in land acquisition, purchase of development rights and conservation easements, farmland preservation, and management of public lands in the coastal area of San Mateo County. Lastly, the Board has adopted a resolution outlining its intent to convene an advisory committee from the coastal area, after the election, to assist in reviewing a number of key policies that may need revision in order to better reflect the constituency, geography, and land uses on the coast. In particular, possible revisions to the eminent domain policy would focus on ensuring that acquisition of active agricultural and ranch lands on the coast will be from willing sellers only; possible revisions to the policy on land acquisition would focus on alternative methods of preservation such as purchase of conservation easements; and possible revisions to the policy on agricultural use would focus on ways and means of preserving agricultural use on the coast,such as purchase of development rights or agricultural conservation easements. Thank you for the opportunity to provide these factual clarifications so that your readers are fully informed and up to date on the District's activities. ncerely, L. r ton General Manager LCB/mcs cc: MROSD Board of Directors Regional Open ace g � ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 22, 1998 Mr. Paul Koenig Director, San Mateo County Environmental Services Agency 455 County Center Redwood City, CA 94063 Dear Paul: Thank you for assisting the Midpeninsula Regional Open Space District in arranging the use of the Zwierlein Picnic Area at Huddart Park for our volunteer recognition event. The July 15 barbecue dinner was a great success with nearly 100 attendees. The site was perfect for our event, and was a cool respite from the very hot day. Huddart is truly a jewel of the County's park system. Again, thank you for helping us out, and especially for accommodating our limited budget. Sincer1l , L Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • 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 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager",' DATE: August 12, 1998 SUBJECT: FYI i it 330 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 - E-mail: mrosd@openspace.org ► Web site:www.openspace.org Board of Directory Pete siemens,Mary C.Davey,led Cyr,David 1'.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton sp 0 DPENI e m o ra nd u m : MI REGIONAL NSULA OPEN SPACE DISTRICT To: L. Craig Britton From: Patrick Congdon Subject: Update on Controlled Bum at Russian Ridge Open Space Preserve Date: August 12, 1998 Preparations are being made for the controlled bum at Russian Ridge Open Space Preserve. The California Department of Forestry(CDF)has received a bum permit from the Bay Area Air Quality Management District(BAAQMD). This permit allows the bum to occur only on a"bum day." On Monday August 10 (a permissible bum day), CDF and District staff conducted a small test bum and black-lining operation in the preserve. The test bum allowed staff to verify the parameters of the prescription, firing techniques and smoke dispersal. The black-lining will protect trees and facilities in the preserve when the main bum occurs. The test bum was very successful, with smoke dispersing to the south and the fire behaving as anticipated. Signs were posted notifying visitors of the activity. If conditions, as stated in the bum prescription, are appropriate and if it is a bum day, then the main bum will occur on Tuesday August 18. Please contact me if you have any questions. Regional Open ace ie el, -------4_k� August 12, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Pete Wilson Governor, State of California State Capitol Sacramento,CA 95814 Subject: Support for budget line item #3640-102-0001, Issue#800(Lempert), Department of Parks and Recreation Dear Governor Wilson: As a result of AB 1366,which we thank you for signing into law last year,the Midpeninsula Regional Open Space District now has the ability to assume from the State selected trail easements in San Mateo County comprising the now-defunct and unused California Hiking and Riding Trail system. These trail easements are intended to be utilized as additions to regional public trail systems such as the Bay Area Ridge Trail, or to otherwise further the District's regional trail development programs. The State has no planned use for the easements and supported the bill which authorized these transfers,thereby relieving the State of the burden of ownership. As the second phase of AB 1366, there is $450,000 earmarked for the District in the current proposed State budget. These funds, matched on a 1:1 basis by the District, would be used to carry out the development and improvement of these trails and related public access improvements, including parking areas,trail head access, and signage. The ongoing maintenance and operation of these facilities will be funded entirely by the District. Without additional funds, the public will not have the opportunity to fully utilize these trail systems in the foreseeable future. The resulting trail and public access improvements will provide segments of trail connections between thousands of acres of public open space and park land,thus providing the public with new trail access of a truly regional nature. The improvements will also provide for additions and connections to the Bay Area Ridge Trail in this area,along with creating an opportunity for two new parking/trail access points, creating improved public vehicular access to these preserves and trail systems. I urge you to support this budget allocation so that the public can gain the full benefit of the transfer of the easements from the defunct State of California I liking and Riding Trail system. Development of these trail easements will greatly enhance the public's opportunity to access and enjoy regional public open space and park lands, and make the best use of trail easements that will otherwise go completely un-utilized and continue to be a burden to the State. incerely, L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors Honorable Ted Lernpert Honorable Byron Slier Honorable Jim Cunneen Ralph Heim \\SERVER\MA1,C0LM I\LEGISLA7,\s,rA]'E\97-98\IIIK-RIDE\wilsoii2.doe 0'. 330 Distel Circle - Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-.0485 - E-rriail: rmosd oaopenspace.org Web site:www.operispace.org Board of Directors:Pete Siemens,Miry C.Davey,led Cyr,David T.Sinernoff,Nonette Vianko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 11, 1998 Mr. Vin Lananna Coach, Stanford Cross Country Department of Athletics, Stanford University Stanford, CA 94305-6150 Dear Mr. Lananna: I'm writing in regards to an incident which occurred at approximately 4:35 p.m. on Sunday, July 9 at Rancho San Antonio Open Space Preserve, a public open space area managed by the Midpeninsula Regional Open Space District. The incident involved one of the cross country runners in your group apparently running into and/or pushing over a 3-1l2 year-old boy, resulting in a minor scrape and bruise on the boy. While the incident appears to be an accident, it brings to light a recurring problem at the open space preserves: large groups of runners utilizing District trails without first obtaining the required permit. Section 408.1 of the District's Land Use Regulations, Ordinance 93-1, states that, "No person shall hold, conduct, organize, or take part in any group activity or event on District lands without written permission when the activity or event a) is advertised or noticed in any publication,poster, or flyer b) requests or requires a fee be paid for participation, or c) may be attended by 20 or more people." The run that you conducted in the preserve clearly constitutes an activity which requires a permit under at least one of the above conditions. Anyone proposing such a group activity is required to contact the District at(650) 691-1200 so that we may determine if it is appropriate for a permit to be provided for a specific activity, at a particular location, date, and time. Violators of this ordinance are subject to citation by a District ranger, and an immediate halt to the event or activity. Please note that the permit requirement is in effect both during the week and on weekends. Because Rancho San Antonio Open Space Preserve is the District's busiest, especially on weekends, with an estimated half-million visitors per year, the District does not issue permits for large-scale running events at this preserve:Our rangers are authorized to halt any such un- permitted activity in progress and issue citations, if deemed appropriate in their judgement. Through the permit process, the District seeks to minimize disruption or unreasonable a g p p p interference with other visitors, and reduce the possibility of two or more events occurring simultaneously which would result in overcrowding on the trail or in the parking areaAn addition, it is important to ensure that our ranger staff is informed of the presence of such groups in the event nt an emergency arises requiring locating or contacting the group or individuals within the group. I'm sure you'll agree that these are important and reasonable needs of the District that address the comfort of all visitors and the general public safety. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • 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 • General Manager:L.Craig Britton Y August 11, 1998 Mr. Vin Lananna Page -2- Beyond the letter of the law, however, I hope that you will take this opportunity to instruct your runners as to the need for basic courtesy on the trails and consideration of other visitors. It is preferable for such groups to have staggered start times so that other visitors are not confronted with "packs" or bunches of runners, which is what reportedly occurred with this incident. In addition, it was reported that the runner responsible for the incident did not stop to assist or even inquire as to the condition of the child he caused to fall. If true, then surely there is a lesson in common courtesy and personal responsibility to be learned here. I would hope that your students are taught that showing concern for an individual to whom you have caused harm, however inadvertently, is more important than gaining a better time during a cross country run. Adequate on-the-trail supervision of the runners is also essential, especially in light of the high number you brought to the preserve, reportedly some three busloads. These recommendations can also be made part of any permit requirements. I hope that I have adequately clarified the District's policies and conditions in regards to group activities such as yours. Please feel free to contact me if you require any additional information. ncere L. Craig Britton General Manager LCB/mcs cc: Ted Leland, Athletic Director, Stanford University John Escobar, Operations Manager Annette Coleman, Foothills Area Superintendent MROSD Board of Directors Sue Schectman, District Legal Counsel Carl Danner Regional Open ace -------------------- `�- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Gordon Baillie July 27, 1998 Operations Analyst (650)691-1200 Open Space District Schedules Controlled Burn Los Altos, CA -- The Midpeninsula Regional Open Space District (MROSD) is planning a controlled burn on an 80-acre section of Russian Ridge Open Space Preserve, adjacent to Skyline Boulevard north of Page Mill Road (see attached map). The burn is scheduled to take place during a one- or two-day period between August 4th and August 14th. The actual date of the burn is dependent on the immediate weather and fuel conditions, and will not be confirmed until one day prior to the burn. The burn should be completed in one day, but may extend to two days if the weather conditions change during the burn. At the time of the burn, general visibility in the area may be impaired due to smoke. In addition, smoke may be visible from urbanized areas of the midpeninsula. Members of the public are advised that smoke emanating from the burn area is not cause for alarm. For safety reasons, visitors to Russian Ridge Open Space Preserve will be advised that the preserve will be closed for the duration of the burn. This controlled burn is part of the District's Grassland Management Study and is one method being used to try and reduce the growth and spread of yellow starthistle, an invasive non-native plant species. By reintroducing fire as an ecological process and reducing the yellow starthistle,the natural values of the preserve's environment are enhanced. Appropriately timed, controlled fire can help increase the abundance of native species and reduce the dominance of introduced species, such as yellow starthistle. In the absence of natural fires, non- native grasses have formed a thick mulch layer, hindering native seedling emergence and survival of native perennial grasses and broad leaf plants; this results in the dominance of non-native species and decreased plant species diversity. (more) i 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • 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 Summer burning, especially when continued for at least three consecutive years and when combined with the other forms of control such as goat grazing, weed whacking, mowing, hand pulling, herbicide use and restoration with native species (all of which are being tested at Russian Ridge), can help control yellow starthistle and other invasive pest plants. Since seeds of these species can survive for several years in the soil bank, some form of control will be continued for several years following the burn to prevent new seed production. The results of the burn and other control methods will be evaluated each year to determine the most effective way of managing the grassland ecosystem at Russian Ridge Open Space Preserve, and other areas of the District. The Midpeninsula Regional Open Space District, extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 42,000 acres of diverse open space and manages 23 open space preserves. 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 an p g d fourth Wednesdays of each month at 7:30 p.m., at the District offices. NOTICE: RUSSIAN RIDGE TO BE TEMPORARILY CLOSED DURING PRESCRIBED BURN As part of the Grassland Management Study in progress at Russian Ridge, the District will be scheduling a prescribed burn during the first week in August. The exact date will not be announced prior to the day of the burn since it is dependent upon weather and fuel conditions. The burn is anticipated to be completed in one day, but may be extended to two days if weather conditions change during the burn. The entire preserve will be closed during this time. The purpose of the prescribed burn is to increase the growth and abundance of native species and reduce the dominance of invasive introduced species. The results of this burn will be compared to other management methods conducted on the preserve in order to determine the most effective way of managing the grassland ecosystem. If you have any questions, please contact the District's main office at (650) 691 -1200. 2400N Irv, 2200 0.2 P t600 4 (RR05) F a 0.5 0.5 P. 0.6 � 2400 . _ .. 2000 03 e e a W 0.8 Z P oG�e i 2200�d� (MB04) •-fA ` 0.3 .s a 1 MONTE 0.3 (MB05) BELLO PRESCRIBED 'Hill" OPEN -= SPACE BU,RN1'AREiA 2, ` : 0.3 PRES R. (cc01) RUSSIAN RIDGE 0.3 OPEN-SPACE zaoo rail ` , '�Se a eTrai 03w I 1600 PRESERVE 0.5 0.3 ` a ocient ' o zzo0 P �a pal ine z400 s 0.3 P . Road _ P'• 2000 Q01 N� j 18 0 \ 0.2 0 1 •:\ 1.0 •n �`� (RR02) 0.i ,: 8oq, lsoo SKYLINE-RIDGE Alpine OPEN SPACE Pond PRE ERVE/ \ (RR03) • \\1 1.7 O ' 16M 7/98 INTER-OFFICE MEMORANDUM July 28, 1998 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month June Year 1998 VIOLATIONS TOTALS CITES CRIMES Bicycles Auto burglaries 2 0 Closed area 19 19 Resisting office 1 0 Speed 11 6 Assault/battery 2 0 Helmet 7 5 Poss. marijuana 4 0 Night-riding 1 0 Minor poss. alcohol 13 0 Unsafe operation 0 0 Dogs ACCIDENTS/INCIDENTS Prohibited area 2 1 Bicycle 3 Off-leash 0 0 Equestrian 0 Off-road vehicles 2 0 Hiking/running 0 Closed area 1 1 Other first-aid 0 After hours 40 34 Search/rescue 0 Fishing 0 0 Air evacuation 0 Vandalism 12 0 Parking 12 9 ENFORCEMENT Parking after hours 14 7 Citations 84 Dumping/littering 0 0 Written warnings 26 Campfires 0 0 Arrests 0 Camping 0 0 Police assistance 1 Weapons Actual contact 1 1 MUTUAL AID Report only 1 0 Accidents 1 Evidence of 1 0 Law Enforcement 3 Poss. alcohol 11 1 Landing Zone 1 Vehicle fire 1 SUMMARIES OF SIGNIFICANT INCIDENTS June 3: T. Randall responded to a report of motorcycles in Sierra Azul. Evidence of recent motorcycle activity was found, but the motorcycles were gone upon his arrival.. May 1- Twelve acts of vandalism to signs and fences at El Corte de Madera OSP were June 5: discovered, all related to trail closures at the preserve. B. Malone. June 5: At 2:00 AM a person gained access to Monte Bello OSP by cutting a lock and then drove to the ranger residence. The subject left quickly as soon as they realized they were at an employee residence. L. Paterson. June 6: At Windy Hill OSP near Willowbrook and Alpine Roads a beer party was discovered by rangers. Eight people were issued citations for "after hours use" and warned for minors in possession of alcohol. One person fled from the rangers. B. Malone, W. Phillips. June 9: K. Miller cited two bicyclists at Fremont Older for speeding at 30 MPH. Y P g June 12: K. Carlson found 2,, i-gallon containers of paint adjacent t4 ._Terra Azul OSP. Approximately 15 gallons had spilled into a d creek bed. Santa Clara Count Fire Haz PP Y g P dry Y Mat responded to the area and took control of the incident. June 12: At Windy Hill OSP near Willowbrook and Alpine Roads two people were issued citations for "after hours use" and warned for minors in possession of alcohol. B. Malone. June 13: Two equestrians at Fremont Older asked a cyclist approaching from behind to slow down. The cyclist responded with profanities. He picked his bike up over his head and advanced towards the riders, threatening to knock them off their horses. He said he would kill them if he saw them again. One horse spun around and went off trail, injuring its leg. K. Miller, K. Carlson, and T. Lausten responded to the area, however the cyclist was gone upon arrival. June 14: A bicyclist at Fremont Older yelled profanities at two hikers whom he felt were in his way. He forced the wife to jump out of the way, shoved the husband,and threatened him with a rock. The bicyclist then rode on. K. Miller responded but could not locate the j cyclist. June 14: T. Randall contacted a father and his teenage son for "closed area" violations at Sierra Azul. The father was cited and the son warned. The father also had a $5,000 warrant for theft and grand theft. A sheriff's deputy was requested and the subject was advised of his warrant. The father and son walked away, leaving their truck. The deputy arrived 45 minutes after the initial request. The deputy towed the truck for expired registration. June 14: Rangers responded to a non-injury accident on Page Mill Road. Palo Alto PD had requested rangers to locate and report back on the incident. PAPD arrested the driver for driving under the influence of alcohol. L. Paterson. June 19: Rangers were requested to assist with an injury fall victim, possibly an attempted suicide, at Summit Rock in Sanborn County Park. Rangers helped with carry-out and transportation at the air ambulance area. B. Downing, M. Ken. June 19: At Long Ridge OSP four people were issued citations for "after hours" and warned for possession and use of marijuana. Drug paraphernalia and a bag of marijuana were confiscated and destroyed. D. Danielson. June 22: D. Sanguinetti and B. Downing responded to a vehicle fire on Skyline Blvd. near Russian Ridge OSP. The vehicle was fully involved and completely destroyed. Arson is suspected. June 24: A visitor reported to T. Lausten that on the previous night he was bitten by the caretaker's dog at RSA OSP. The caretaker said she told the subject three times not to come through the gate but he didn't listen. He came within a foot and a half when the dog scratched him, but didn't bite. Animal services was requested to check the dog and the reporting party. June 27: A State park ranger and a District ranger responded to a report of firearms discharged at the former Deka property, Long Ridge OSP. A man was stopped at the gate and cited for firearms and alcohol violations. Santa Cruz County SO were requested but refused to respond. D. Sanguinetti has contacted Santa Cruz County SO regarding future calls for assistance. INTER-OFFICE MEMORANDUM August 10, 1998 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month July Year 1998 VIOLATIONS TOTALS CITES CRIMES Bicycles False information 1 0 Closed area 5 1 Resisting officer 2 0 Speed 1 1 Auto burglary 2 0 Helmet 9 5 Theft 1 0 Night-riding 1 0 Auto burglary 2 0 Unsafe operation 2 0 Furnishing alcohol to minor 1 1 Dogs Poss. alcohol by minor 2 1 Prohibited area 1 1 Poaching 1 0 Off-leash 4 2 Off-road vehicles 1 0 ACCIDENTS/INCIDENTS Closed area 2 1 Bicycle 10 After hours 4 2 Equestrian 1 Fishing 0 0 Hiking/running 0 Vandalism 2 0 Other first-aid 0 Parking 9 9 Search/rescue 1 Parking after hours 37 11 Air evacuation 1 Dumping/littering 1 0 Campfires 0 0 ENFORCEMENT Camping 0 0 Citations 37 Weapons Written warnings 45 Actual contact 0 0 Arrests 0 Report only 1 0 Police assistance 3 Evidence of 0 0 First-aid I Smoking 2 2 Boating 2 0 MUTUAL AID Illegal trail const. 2 0 Accidents 3 Law Enforcement 3 Landing Zone 1 Fire 1 SUMMARIES OF SIGNIFICANT INCIDENTS July 4: P. Hearin discovered a large pile of scrap metal and lumber dumped in the comer of Fremont Older parking lot. The area was cleaned the following day. July 11: Two auto burglaries occurred at the Methusala trailhead, near El Corte de Madera OSP. July 13: A short search was conducted in the Saratoga Gap/Upper Stevens Creek Park area for three overdue cyclists. They were located at Grizzly Flat by county park rangers. L. Paterson and K. Miller. Jul 17: At Purisima Creek OSP a horse fell off the trail y a 1 and tumbled approximately 250 feet down the hill. The accident occurred on the cut-over trail linking the Northridge Trail to Whittemore Gulch Trail. District staff and CDF cut a trail and the rider led her horse back up to Whittemore Trail. M. Ken. July 18: Two men carrying a knife and a bucket with deer meat in it were stopped in Sierra Azul by K. Carlson and K. Miller. A sheriff's deputy and a Fish and Game Warden were requested. The deputy arrived 35 minutes later and the warden arrived an hour after the request. K. Carlson cited one man for a "closed area" violation and the warden cited the other for "illegal possession of game meat". Fish and Game also found two stolen rifles in a camp on adjacent private property. July 18: A barricade placed at the top of the former unauthorized "Pipeline Trail" in El Corte de Madera OSP was broken into two pieces and one half was thrown into the creek. An "Area Closed - Do Not Enter" sign at the location was also vandalized. D. Danielson. July 18: A small roadside fire was extinguished on a Page Mill Road pullout across from Foothills OSP. Palo Alto Fire, Santa Clara Co. Fire, CDF and District staff responded. L. Paterson and W. Phillips. July 20: At Teague Hill OSP an illegally constructed trail was discovered near the Summit Springs access. Planner R. Anderson had previous contact with a person who expressed interest in building a trail in this area. Anderson had explicitly told the person he could not build a trail without prior District approval. M. Ken. July 24: At El Corte de Madera OSP a person being stopped for riding a bicycle in a closed area initially provided false information to the ranger. He was cited for "bicycles prohibited" and verbally warned about providing false information. B. Malone. July 25: P. Hearin found an abandoned motorcycle on a trail in Sierra Azul. San Jose police were unable to locate the owner. A CHP officer towed the motorcycle. July 25: Two visitors in Fremont Older OSP reported that they heard a gunshot go over their heads and into a tree. County parks, county sheriff's and T. Lausten responded. No suspects were located. July 25: At El Corte de Madera OSP a thirty-foot section of newly constructed Leaf Trail was & 30: rerouted from the authorized alignment to an alignment that ran through an adjacent redwood ring/stump. The authorized alignment was restored each time. B. Malone and D. Danielson. July 26: A ranger took a report of an off-site accident that occurred on May 23, 1998. The victim, a bicyclist, had been hit by a car while crossing from Skeggs Point to El Corte de Madera OSP. She sustained minor injuries but her bicycle was destroyed. B. Malone. J Y Y July 26: A visitor to Fremont Older OSP reported that he was struck and knocked down by a speeding bicyclist while hiking on the Cora Older Trail (closed to bicycles). The cyclist shouted obscenities, made on obscene hand gesture, and continued riding away. July 26: At Monte Bello OSP a 12-foot section of fence was torn out and an off-road vehicle entered the preserve, driving as far as the White Oak Trail. L. Paterson. July 31: Near Jikoji Pond in Long Ridge OSP a backpack was stolen from a pile of unattended packs left by a group of hikers from Hidden Villa. A second pack was moved some distance, but was recovered. B. Malone. July 31: Three visitors contacted by T. Randall and K. Carlson in Sierra Azul were smoking cigarettes and had cold bottles of beer nearby. One individual was cited for furnishing alcohol to a minor, another was cited for "minor in possession" and the third was issued a JCR for "minor in possession."