HomeMy Public PortalAbout19980923 - Agendas Packet - Board of Directors (BOD) - 98-20 t0nal Open-jhce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-20
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
AGENDA*
6:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
September 23, 1998
***PLEASE NOTE***
6:30 P.M. Closed Session Start 7bne
7:30 P.M. Public Meeting Start 71me
(6:30) ROLL CALL
I
SPECIAL MEETING OF THE BOARD OF DIRECTORS
CLOSED SESSION
The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the
Special Meeting Closed Session to the conclusion of the Public Meeting, and at the
conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed
Session.
1. Conference With Real PEg=M Negotiato - Govemment Code Section 54956.8
Real PE=IU: 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.
2. - Government Code
Section 54956.9(a)
A. Case No. 405231
B. Richard v. MROSD, Case No. 402294
i
310 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 Direc tors.Pete Siemens,Mary C,Davey,lend Cyr,David T.5mernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz - General Manager t Craig Britton
i
Meeting 98-20 Page 2
(7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS
ORAL COMMUNICATIONS -- Public
SPECIAL ORDER OF THE DAY -- C. Britton
Resolution Honoring David Smernoff, Director Ward 4
ADOPTION OF AGENDA
ADOPTION OF CONSENT CALENDAR -- B. Crowder
APPROVAL OF MINUTES
September 9, 1998 (-Consent Item)
WRITTEN COMMUNICATIONS
BOARD BUSINESS
(7:45) 1. Proposed Addition of Grainger, Et Al. Property to Monte Bello 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, Including Naming the Property as
an Addition to Monte Bello Open Space Preserve; and Indicate Their Intention
to Dedicate the Property as Public Open Space -- M. Williams
Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer
to Execute Certificate of Acceptance of Grant to District, and Authorizing
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Monte Bello Open Space Preserve-
Lands of Grainger, Et Al.)
(7:55) 2. Proposed Second Amendment to Purchase Agreement for Acquisition of
Undivided One-Half Interest in the Nead Et Al. Property as an Addition to
Long Ridge Open Space Preserve -- M. Williams
Resolution Authorizing Acceptance of a Second Amendment to Purchase
Agreement, 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.)
(8:05) 3. Election of Secretary for Midpeninsula Regional Open Space District Board of
Directors -- D. Dolan
(8:15) 4. Application to Habitat Conservation Fund Program for Addition to Lobitos
Creek Headwaters Project and Determination that the Recommended Actions
are Categorically Exempt from the California Environmental Quality Act -- D.
Woods
Meeting 98-20 Page 3
Resolution Approving the Application for Grant Funds for the Local Agency
Grant Program - Fiscal Year 1998-1999 Under the Habitat Conservation Fund
Program of the California Wildlife Protection Act of 1990 for the Following
Project: Lobitos Creek Headwaters Addition (Peery Property Acquisition)
(8:25) 5. Notice of Contract Completion for Landscape and Spillway Repair Project,
Thornewood Open Space Preserve and Authorization for the President or Other
Appropriate Officer to Execute the Notice of Completion of Contract and
Acceptance of Work for the Landslide Repair Project -- R. Anderson
(8:20) 6. Approval of Meritorious Pay Award for the District Legal Counsel -- P.
Siemens
Resolution Approving a 5% Meritorious Pay Award for the District Legal
Counsel in an Amount of$3,182.50
(8:25) INFORMATIONAL REPORTS -- Directors and Staff
REVISED CLAIMS Consent Item)
ADJOURNMENT
*NOTE.- Times are estimated and items may appear earlier or later than listed. Agenda is
subject to change of order.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time
each item is considered by the Board of Directors. You may address the Board concerning other
matters during oral communications. Each speaker will ordinarity 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.
Re i a en 1, -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL MEETING
LEGISLATIVE, FINANCE, AND PUBLIC AFFAIRS COMMITTEE
AGENDA
10:30 a.m., Tuesday, September 29, 1998 Mary C. Davey
330 Distel Circle, Los Altos Nonette Hanko
Pete Siemens
(10:30 A.M.) ROLL CALL
ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
COMMITTEE BUSINESS
(10:35 A.M.) 1. Discussion of proposed Seager memorial - R. Anderson
2. Update on legislative activity - C. Britton
3. Discussion of potential Federal legislation mandating
participation in social security - C. Britton
4. Selection of date for presentation by Ralph Heim - C.
Britton
5. Report on Norton memorial -N. Hanko
6. Information reports/scheduling of next meeting
12:00 noon ADJOURNMENT
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
Midpeninsula Rangers Peace Officer Association
Star Route 2 Box 319, La Honda California 94020
OBJECTIVE
The objective and Purpose of this Association shall be to assist in
promoting professionalism in the ranger field; encourage among the
members a closer personal acquaintance and a friendly spirit of mutual
cooperation, to encourage, contribute to, and promote the good citizenship
of the youth in the community, and wherever possible, to assist in all
matters pertaining to the welfare and advancement of all members, the
Midpeninsula Regional Open Space District (MROSD), and the well being of
the community.
MEMBERS
Every regularly employed, uniformed field peace officer of MR SD shall be
eligible for membership.
OFFICERS
President- Michael Newburn
Vise-President- Thomas Lausten
Secretary / Treasurer- Patrick Congdon
PORAC
Each member is entitled to join the PEACE OFFICERS RESEARCH
ASSOCIATION OF CALIFORNIA, giving them "Benefits of PORAC
Membership";
* Legal Defense Fund
* Legislation & Political Action
* Insurance & Benefits
* PORAC Law Enforcement News
* Training & Education
Regional Open ace
-----------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOLUTION No.98-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
HONORING AND COMMENDING DAVID SMERNOFF
WHEREAS,David Smernoff was appointed to the Board of Directors of the Midpeninsula Regional Open Space
District in 1995 to represent Ward 4,and successfully ran for the Ward election in 1996; and
WHEREAS,during his all-too-short tenure David has diligently served his constituents not only as Ward 4 Director,
but also as Secretary and Vice-President,and as a tireless member of an amazing variety of standing and ad hoc
Committees, including the Use and Management Committee,the Acquisition and Enterprise Committee,the
Legislative,Finance,and Public Affairs Committee,the El Corte de Madera Creek Trail Committee,and the
Trails/Wilderness Committee; and
WHEREAS,in addition to his career with the SETI Institute,David's tireless work included serving on several little-
known District"SETT"Committees, including the Search for El Corte de Madera Trail Input Committee,the Stop
Episodes of Trail Imbroglios Committee,the Search for Even more Thistle-eating Ibex Committee,the Severely
Eradicate Those Invasives Committee,the always exciting Soils,Ecosystems,Trees,and Insects Committee,and
the Satiate Every Trail user Inquiry Committee;and
WHEREAS,while devoting a great deal of time to his duties on the Board of Directors,David also gave his energy
and enthusiasm to a variety of other environmental activities and organizations,especially as a co-founder and
council member of Bay Area Action,and as a regular volunteer trail builder;and
WHEREAS,an unfortunate(for the District)side-effect of David's recent marriage is that he has had a change of
residence which moved him out of Ward 4,meaning, in the absence of special emergency legislation in Sacramento
to change the law,he can no longer represent the Ward 4 constituency; and
WHEREAS,David has regrettably submitted his resignation,which the Board of Directors sadly and reluctantly
accepted.
Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space
District commend and applaud David Smernoff for his accomplishments and achievements as a member of the
Board of Directors,for his dedication to the ideals and goals of an open space greenbelt on the midpeninsula,for his
tireless work on behalf of his constituents and the environment,and for his participation in solving the many
dilemmas that the District has faced in recent years.The Board further wishes David all the best in his future
endeavors,and looks forward to his continued support of the District and its goals.
Adopted by the Board of Directors, September 23, 1998
Regional �� -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-19
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
September 9, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:30 P.M.
Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, Peter Siemens,
and Nonette Hanko.
Members Absent: None
Personnel Present: Craig Britton, Del Woods, and Mike Williams; and Susan Schectman by
conference telephone.
II. CLOSED SESSION
B. Crowder stated that the Board would adjourn Closed Session for the purpose of discussing
closed Session Agenda Items 1, 2, 3, and 4.
The Board recessed to Closed Session at 6:31 P.M. and the Closed Session commenced at 6:35
P.M. The Board concluded the Closed Session at 7:12 P.M. and B. Crowder called the Regular
Meeting to order at 7:30 P.M. She noted that no reportable actions had taken place in Closed
Session.
,additional Personnel Present: Deirdre Dolan, John Escobar, John Cahill, Malcolm Smith,
Matthew Freeman, Carleen Bruins, and Randy Anderson.
III. ORAL COMMUNICATIONS
H. Haeussler asked how the District can buy Santa Cruz County property when they are not in the
District. He said he did not think it was proper. Board Members indicated that a portion of the
District was already in Santa Cruz County.
C. Britton informed Mr. Haeussler that the District owns several parcels in Santa Cruz County,
i
330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200
FAX:650-691-0485 a E-mail: mrosd@openspace.org - Web site:www.openspace.org
e Hanko, Bets Crowder,Ken
� Board of l)rrec'tc�rs:Pete Siemens,Mary C. Davey,Jed Cyr,David F.SmE:rnott,Nonett� y meth C. Nitz � l;enera(Mana,�er.1.Craig Britton
I
Meeting 98-19 Page 2
including the former Paul, Sempervirens, Bar Y, Long Ridge, and Deca properties. The District
has already entered into a three-way agreement on the property discussed at the closed session
tonight. N. Hanko asked C. Britton to discuss the matter with Mr. Hauessler after the meeting.
Jack Hickey, Redwood City, candidate for Ward 6 Director, introduced himself and said his
primary reason for running is the eminent domain issue. He said he thought the District should
have more revenue coming in from golf courses and change its name back to park district rather
than open space district.
IV. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 6 to 0.
V. SPECIAL ORDER OF THE DAY
C. Britton introduced Mary Burns, the new Parks Director for San Mateo County. M. Burns said
she looked forward to working closely with this agency.
C. Bruins introduced Lori Raymaker, the new Docent Coordinator.
VI. ADOPTION OF CONSENT CALENDAR
N. Hanko removed the reply to a written communication from Mr. Glenn Wegner, 10200
Hillcrest Road, Cupertino.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of
the minutes of the August 12 1998 Regular and Special Meetin • reply to written
communication from Darwin Patmode, Executive Director, Foundation for San
Mateo County Community College District, 3401 DSM Drive, San Mateo; and
Revised Claims 98-16. K. Nitz seconded the motion. The motion passed 6 to 0.
VII. WRITTEN CO_M_MUNICATIONS.
N. Hanko expressed concern about the letter from Mr. Wegner regarding the condition of a trail.
She felt that if there was a problem with the work that had been done on the trail there should be
some signing to alert bicyclists that there is a new surface and maybe they should slow down. She
said there need not be permanent signs. She asked for a further report from J. Escobar as to how
to address problems as they come up when trail conditions change.
J. Escobar said this was regular maintenance, not repair because of storm damage. He said he
would like to talk to S. Schectman before beginning signing. Regarding P. Siemens' suggestion
Meeting 98-19 Page 3
of leaving the trails closed for a season, J. Escobar replied that if that were done for rework rather
than just new trails they would see lots of closures. He said staff cannot guarantee a trail in terms
of tread condition, and to insure a trail would be free of rocks and soft material would require a
much higher level of maintenance. P. Siemens said maybe that explanation should be in the letter.
H. Haeuessler said he thought the letter referred to mountain bikers and that they have to accept
what is there and that the District should not make exceptions.
C. Britton said he would add wording that in any given year the District reworks 25%of its trail
mileage so staff can never guarantee a trail surface. In addition, he could talk to J. Escobar about
putting up temporary signs saying trail maintenance ahead. M. Smith said we do not post trail
maintenance on the web page,just trail closures.
Motion: N. Hanko moved that the Board approve the amended reply to a written
communication from Mr. Glenn Wegner, 10200 Hillcrest Road, Cupertino. P.
Siemens seconded the motion. The motion passed 6 to 0.
VIR. BOARD BUSINESS
A. Agenda Item No. 1 - Accept Resignation of Director D. Smernoff, and Establish
Procedure for Filling of Ward 4 Board Vacancy_ Determination Whether the Board
Vacancy in Ward 4 will be Filled by ppointment or by the Election Process,If
Determined to Fill the Vacancy_by Appointment the Board Needs to: 1) Approve the
Application Form to be Used; 2)Reaffirm the Use of the General_ Criteria for
Appointment to the Board of Directors, or Modify Them as They Deem Necessary; 31
Reaffirm the Use of the Procedures for Interviews or Modify Them as They Deem
Necessary;41 Establish a Timeline for Filling the Vacancy, Including Setting the Dates
for the First and Second Round of Interviews+ Assuming They Reaffirm the
Procedures for Interviews;and If They Decide to Fill the Vacancy by Calling an
Election, Establish the Date of the Election and Staff Return with Appropriate
Resolution for Calling the Election and Requesting Consolidation Services from Santa
Clara County&port R-98-1121,
C. Britton outlined staffs recommendations.
N. Hanko spoke in opposition to calling an election. She said six months is a
long time for the seat to be vacant and she was in favor of the appointment
process.
Discussion of the meeting schedule followed.
MQti9�1: M. Davey moved that the Board accept the resignation of Director
Meeting 98-19 Page 4
D. Smernoff and that the vacancy in Ward 4 be filled by the
appointment process. K. Nitz seconded the motion. The motion
passed 6 to 0.
Motion: N. Hanko moved that the Board approve the application form and
reaffirm the use of the general criteria for appointment to the Board
of Directors. P. Siemens seconded the motion.
Discussion: K. Nitz suggested adding wording to the list of General Criteria for
Appointment to the Board of Directors that said the person should
be dedicated to the preservation of open space.
Vote: The motion passed 6 to 0.
C. Britton said staff would bring a resolution honoring D. Smernoff to the next
meeting.
Motion: P. Siemens moved that the Board approve the proposed schedule for
filling the Ward 4 vacancy with the addition of a special meeting on
October 19 for initial interviews of applicants and a Special Meeting on
October 21 for final interviews. I Cyr seconded the motion. The
motion passed 6 to 0.
B. Agenda Item No. 2-Elect Vice President for the Midpeninsula Regional Qpen Space
District Board of Directors—(Report R-98-1111.
D. Dolan outlined the procedure for the election.
Nomination: M. Davey nominated I Cyr. N. Hanko seconded the nomination.
Motion: M. Davey moved that nominations be closed. N. Hanko seconded the
motion. The motion passed 6 to 0.
D. Dolan distributed ballots. Board Members cast their ballots and D. Dolan
announced that there were six votes for 1. Cyr.
Motion: M. Davey moved that the Board appoint P. Siemens as Secretary Pro
Tem. I Cyr seconded the motion. The motion passed 6 to 0.
C. Agenda Item No. 3-Proposed Addition of Lanphear Proper to Mt. Umunhum
Area of Sierra A_ul Open Space Preserve;Determination that the Recommended
Actions are Categorically Exempt from the California Environmental Quality Act;
Meeting 98-19 Page 5
Tentative Adoption of the Preliminary Use and Management Plan Recommendations_
Including Naming the Lanphear Proper as an Addition to the Mt. Umunhum Area of
Sierra Azul Open Space Preserve; and Indicate Their Intention to Withhold the
Pro j& y from Dedication as Public Open Space at this Time—(Report R-98-109).
M. Freeman described the property and showed its location on a map. He showed
slides taken on the property and noted that Hicks Road has been designated as a scenic
corridor by Santa Clara County in order to protect the view shed. He said Guadalupe
Creek is very important ecologically. The property contains California Sycamore,
white alder and black cottonwood trees which are very rare in the valley bottom now.
Regarding staffs reason for withholding the property from dedication as public open
space, C. Britton said none of the property in the area is dedicated and would
generally be withheld until after they do a comprehensive study of the entire area. In
this area there may be the possibility of transferring density rights to another piece of
property as part of a conservation effort, or some boundary line changes. He said he
didn't know when they would do the interim study in Rancho de Guadalupe, but most
of it would be proposed for dedication. He said the property is part of the Mt.
Umunhum Area of the Sierra Azul Open Space Preserve. Part of the problem is that
the study of the area cannot take place until after cleanup of Mt. Umunhum.
I
M. Williams described the terms and conditions of the acquisition.
Motion,: M. Davey moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act as set out in the staff report; adopt Resolution 98-33 a
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
1 n Preserve-Lands of Lan hear
Transaction(Sierra Azul Open Space e p ),
tentative) adopt the Preliminary Use and Management Plan
Y P �'Y $
recommendations contained in the staff report, including naming the
Lanphear 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. P. Siemens
seconded the motion.
Discussion: H. Hauessler asked about contacting the County about sharing in expenses. C.
Britton said that if there is a future transfer to the County of a portion of the property, it
would probably be part of an exchange of land and/or management responsibility.
I
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Meeting 98-19 Page 6
Vote: The motion passed 6 to 0.
l
D. Agenda Item No. 4-Increase in Contract for Construction of Three Restroom Units_ One Each
at S ine Ridge, Monte Bello. and Windy Hill Open Space Preserves in an Amount Not to
Exceed $7.500 and Authorization for Staff to Execute Changes to the Contract with Restroom
Facilities Corporation of Reno.Nevada_ for a Sum Not to Exceed $7.500(aging the Total
Contract Amount to $57,500)for Additional_Expenses or Changes Encountered During
Installation of Three Prefabricated Restroom Units- (11eport R-98-108)
R. Anderson reviewed the staff report. He said there were requirements that prevailing wages be
paid and that there be bonds for completion of the project. The contractor said he was not aware
of these requirements up front. He is the only supplier of a product that meets the District's
needs. The restroom installed in the parking lot at Windy Hill is from this supplier.
Discussion followed about adding contingency fees to future contracts.
Motion: N. Hanko moved that the Board authorize staff to execute changes to the
contract with Restroom Facilities Corp. of Reno, Nevada, for a sum not to
exceed $7,500 (bringing the total contract amount to $57,500)for additional
expenses or changes encountered during installation of three prefabricated
restroom units. K. Nitz seconded the motion. The motion passed 6 to 0.
E. Agenda Item No. 5- Authorization to Solicit Bids for Equipment Storage Building
Improvements at the Skyline Field Office, Skyline Ridge Open Space Preserve and
Authorization for Staff to Solicit Bids for Equipment Storage Building Improvements at the
Skyline Field Office - (Report R-98-109).
J. Cahill showed a drawing and described the proposed improvements.
Motion: N. Hanko moved that the Board authorize staff to solicit bids for equipment
storage building improvements at the Skyline Field Office. P. Siemens
seconded the motion. The motion passed 6 to 0.
IX. INFORMATIONAL REPORTS
r f h B f m rvir ns she visited the San Lorenzo
M. Davey 'd as a member o the Board o Se e e a y said p , Valley
Water District. They are working to preserve that area of open space in perpetuity. There were
concerns about who will take care of and monitor the area. It was mentioned that there might be
a possibility for the District to be part of that area.
P. Siemens said he would be attending a meeting of a group of park district managers on Friday.
Paul Romero will be giving a talk on bicycles and their impact on county parks.
81 8
Meeting 98-19 Page 7
N. Hanko referred to the letter in the FYIs that C. Britton had written to the Stanford athletic
department, and to a letter from the department stating that in the future they would request the
necessary permits. She said she thought an additional letter might point out there are certain
problems at Rancho San Antonio (it is too crowded and used by families) and permits will not be
issued for such events.
J. Escobar said the District does not issue permits for this kind of activity, nor does Santa Clara
County. They still have high schools and colleges coming for workouts. The parking lot cannot
accommodate those groups and the parking lot gate will be attended from now on.
M. Smith said he called the child's family and left a message to ask how the boy was and give
them the runner's phone number. C. Britton sent a copy of the District's letter to the Stanford
president.
J. Escobar said when groups inquire about using Rancho San Antonio they suggest alternative
sites. C. Britton will send another letter clarifying that this preserve will not be open for that
kind of event.
B. Crowder had an article from the Sacramento paper regarding Bob Slobe who owns land
adjacent to Windy Hill Open Space Preserve.
N. Hanko had clippings regarding Phyllis Can emi trailblazing in San Francisco, and from the
Sacramento Bee about the farmland preservation bill being signed by the Governor. In
addition she had a copy of San Francisco Magazine which included an interview with her.
B. Crowder pointed out in the FYIs an article from the NRPA Magazine written by Mary
Burns about the trails conference.
J. Cyr said that in addition to the ride alongs with rangers and OSTs he was able to
observe the recent controlled burn.
C. Britton reported as follows: 1. Regarding the recently approved purchase of the Nead
property, Save the Redwoods League will donate$400,000 toward several acquisitions in the
area. However, the Mecklers are exercising the right of first refusal on the one-half interest. If
they don't meet the District's terms the deal could be closed. If they buy it, the District will
be talking to them about acquiring the entire property. 2. State budget-The Governor blue
lined the $450,000 that was for the District for Phase II of AB1366. They got $350,000 back
in and this is on the Governor's desk. 3. Vicki Moore has been promoted to Policy Director
with Greenbelt Alliance and the new South Bay Field Representative is Catalan Gaffney. 4.
SB 2080, sponsored by PCL and allowing tax credits for gifts of land, died in the legislature.
There will be no park bond act(SB 2) on the November ballot. Ralph Heim will give a year-
end report to the Board after the election. S. There will be a meeting of the Open Space
Meeting 98-19 Page 8
Council at the Presidio on September 17. The focus Will be on the Nature Conservancy's
plans for the Mt. Hamilton Range. 6. Letter in FYI from Meyers,Nave, Riback, Silver&
Wilson re Patterson v. City of Livermore thanking the District for the support letter prepared
by S. Schectman. 7. Memo in FYIs about vandalism and illegal trail construction at El Corte
de Madera. This will be added to the file and staff will be thinking of how to deal with
ECDM. 7. Memo regarding Spangle fund in FYIs. Photographs of Mr. Spangle will be
given to his family.
J. Escobar reported as follows: 1. District staff started a fire on Mr. McQueen's property
with the brush tractor. It burned an acre, but Mr. McQueen praised staff for their handling of
the incident. 2. September 16-18, Art O'Neal will be teaching the next session on Influencing
Skills to new employees. He invited Board members. Developing Performance Standards for
supervisors will be next. 3. There will be a Special Board Meeting at 6:30 P.M. on
September 28 on the Warner Group operations report. 4. The Deer Hollow Farm dinner will
be on October 4.
D. Dolan previewed the Board sponsored staff recognition event to be held on September 15
at Saratoga Springs, noting that they expect 110-115 people to participate.
A Smith said Bay Area Back Roads filmed a segment that will air September 19 at 6:00 p.m.
on Channel 4. He said he would be showing a video of three pieces of news coverage of the
controlled bum following adjournment of this meeting.
X. ADJOURNMENT
At 9:00 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
� .
�
Claims No. 98-16
' Meeting 98-19
Date: Septmrnber9. 1998
Revised
�
� K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
� # Amount Name Description
4653 475.00 Aaron's Septic Tank Service Sanitation Servi7e-s
4854 20.00 Ace Fire EquipnmentQ' Service Co., Inc. Fire Extinguisher Service
4655 224.19 ADT Security Systems Alarm Services
4666 122.82 Alamo Lighting Light Bulbs
� 4657 9'600.00 All-Cal Title Company Acquisition Deposit-Lanphaar
� 4658 .260.94 All Laser Service Laser Cartridges & Repairs
4659 361.56 American Traffic Supply Posts
4860 491.34 Anderson Chevrolet Vehicle Repairs
4601 32.06 Arne Sign Signs
4662 163.49 ArtenhLarninoting Supplies
4683 8.88 AT &' T Telephone Service
4664 17.05 Barron Park Supply Co. Water System Supplies
4055 274.82 Baileys Uniform Boots
4666 785.00 Berry's Pest Control, Inc. Rodent Proofing-Enterprise Rental
4687 600.00 Tim Best, C.E.G. Geo|og|mt/Hydro|og|st--Pudoinmm 0. ECM
46N 460.00 Best Internet Communications Internet Service
4609 887.40 Big 4Rents � Back hoe Project
4670 287.00 8i||'m Towing & Recovery Towing Service
4671 6'366.81 Bofor'm Printing- South Skyline K8epm
4672 39.277.78 Brazil's Excavating, Inc. Schilling Lake Landslide Repair
4073 470.82 Brian KmngooFou|kEngineers Teague Hill Drainage Report
4674 825.00 Jane Buxton ROSS 8' FEK8A Project Consultant �
4675 61.30 John Cahill Vehicle Expense
4676 95.00 California Chamber mfCommerce Regxvatoh Subscription
4677 109.00 *1 California Fish and Game Department Fee Extension Agreement
4678 706.54 California Water Gerv|oe'Cornpony Water Service
4878 306.42 CaUanderA000nie1eo Windy Hill Parking Lot Consultant
4680 34'21 Capitol Enquiry, Inc. Congress Diroo1mry--RemouroeDocument
4681 6'483.78 Carter Industries ' 2 Truck Service 8md|eo
4682 43.42 Cascade Fire Equipment Co. Fire Equipment and Supplies
4683 64.03 Peggy Coats Vehicle Expense
4684 100.83 Cole Supply Co'^ Inc. Rnntroonm Supplies.
4685 37.17 Compass Flooring Systems Cleaning Supplies
4686 2'382.78 Conmpurun Computer Upgrade
4687 110'20 CopWmre ` Resource Document Sm� xvmre '
4688 187'00 Contoo Office Supplies
4889 9,040.20 Cotton Shires Associates Schilling Spillway Project Consultant
�
� 4890 1'705.00 Coyote Creek Riparian Station Watershed Assessment
4891 390.78 Daily Express Dozer Transportation Service
4092 64.92 *2 Susan Oo|e Reim burmernant-Staff Event Supplies
4693 87.39 °3 Susan Dale Reim bureennmnt--Toamtor & Coffee Pots
�
� 4094 172.11 Design Signs Gate Reflectors
� 4695 100'00 °4 Drive Line Service of San Jose Maintenance & Repairs
4696 1'235.00 DurmCranm Remtroonm Installation Crane
4697 1,404.58 Emily B' Associates Personnel Consultant
4898 1'079.00 Employment Development Department State Unemployment Insurance
4699 3,037.98 Exper|an Microfiche Services
Pagel /
-
�
� ��
� Claims No. 98-18
�
. Meeting Q8' 9 ,
Date: 1�08
. . �
Revised
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT /
# Amount Name Description �
Express Mail_ Service �
4701 202.82 Film toFrame Photos
4702 1,000.00 °5 Financial Title Company Acquisition Deposit �
4703 10'000.00 °6 First American Title Ins. Co. Acquisition Deposit �
� 4704 53.50 °7 Foothill College Educational Training--C. Bruins
� �
4705 79'07 Forestry Supplies Head Lanterns
� 4708 10.98 Foster Brothers Security Systems Locks & Keys �
� 4707 75.73 G & KSmn/icem Shop.Towel Service |
4708 74.03 Grainger Straps for VVatertank
|
4708 1,111.73 Granitenook Field Supplies �
4710 110.00 GmenVVaato Recovery, Inc. Skyline DumpwturService |
4711 22� 51 C�T� V0re|uom Cellular Ph S i
. one Service |
4712 91,86 Hawkins Traffic Safety Supply Parking Signs
� |
4713 406'00 Hayward PeotnmamterServiomm Pest Contno|—Anne* Building
� 4714 64.95 Hertz Equipment Rental Corp. Dozer Transport |
4716 127.41 Interstate Traf io Cmntro| Products Vests & Stop/Slow Paddles �
4718 3,464.17 JED/4Publications, Inc. K8ap/BrochureP,intinQ
�
4717 28.00 Jobs Available Job Advertisement Subscription
� 4718 7,750.00 Joe'o Tractor Service Dioo|ngof3Preserves �
4719 205.06 Ed Jones Badges |
4720 77.94 Keeb|e & ShunhatPhotography Slide Enlargements
4721 119.06 Grant Kern Reim bumament--Un|formBoots
4722 148'48 Kevin'mAutm Repair Vehicle Repairs �
4723 52.43 Kinko'm Printing Services
4724 67.59 Krogen'CSKAuto Vehicle Supplies
4725 273.84 Langley Hill Quarry ReotroonnProject-'Runmian Ridge
4726 980.55 Lanier Worldwide, Inc. Copier Lease |
4727 306 1O Lom �4|too ���rbmQeCo. �"=Dumnp r ��n/|oe. �
4720 461.84 Lucent Technologies Phone Maintenance Service
4729 540.00 K4ervvnK8aoa Acquisition Consultant
4730 1,122.89 Julie McCullough Bridge & Restroonn Project Consultant �
�@ K4C�l Long Distance� 4�31 31. �
4732 990.70 °8 Meyer Appliance Appliances--Field Office
� 4733 1,750i00 Micro Accounting Solutions Computer Products & Consulting
� 4734 388.31 K0inton'm Lumber 8kSupply Field Supplies �
4735 2,900.93 N4atnoMobi|mCmnnmunicadmno Radio Repair Q/ Maintenance
4736 308.73 Moffett Supply Co. Sanitation Supplies
�
4737 156.46 Monogram Sanitation ' RootnomrnRepair
4738 74.58 Ana Montano Vehicle Expense
4739 56.41 National Fire Protection Association Pumper,Parts �
4740 29.00 National Notary Association Membership Renewal--D. Dolan �
4741 200.00 National Safety Council Membership Renewal
4742 4,000'00 °9 Navarono |ndumt,iem, Inc. Postage
4743 41.99 Naxarone Industries, Inc. Postage--Balance Due
4744 75.02 Noble Fond Light Bulbs for Tractor
4745 1,000'00 .*10 North American Title Co. Escrow Depmoit - K8onden
4746 803'05 Office Depot Office Supplies
�
| Page !
|
| —
|
|
Claims No. 98-16
i
. Meeting 98'19 /
Date: Semtarnber9. 1898 �
Revised |
K8|OPEN|NSUL\ REGIONAL OPEN SPACE DISTRICT �
# Amount Nmnna Description �
4747 106.50 Office Helper Office Supplies
|
474" 1,214.94 O'cxx*v Supply Hardware Field Supplies /
4748 1'783.48 Pacific Bell Telephone Service �
4750 700.00 Pacific Meridian Resources Appraisal Services |
4751 612.38 *11 City of Palo Alto Perm it-'Sevver/Sepbu
4752 201.87 Pearson O|dornobi|a-Pontian-GK8CTruck Repair Q' Maintenance !
4753 118'00 Peninsula Blueprint, Inc. Printing Q' Blueprint Service
4754 559.45 PIP Printing Maps 8k Brochure Printing
'
4755 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
� 4750 3'750.00 Popish Appraisal 0kConsulting Appraisal Services
� 4757 598.95 °12 Town ofPorto|eValley Perm it-Sexver/Smptic �
4758 1,073.03 Povver|end Equipment, Inc. Vehicle Supplies �
4759 78'500.00 Corte Madera Associates Property |
First American Title Insurance Company
4700 13'483.81 Rana Creek Habitat Restoration Corp. Skyline Grassland Study Consultant
4761 5G �� Reed Inc'.| �
. ' nn' Road
4782 22.26 Regal Dodge, Inc. Vehicle Repairs �
�
4703 2'500'00 °13 The Reitman Group Appraisal Services
� 4764 12.50 Rich's Tire Service Tire Repairs
4765. 3'304.03 Roy'e Repair Service Vehicle Repairs �
� 4708 189.07 Skyxvoud Trading Post Diesel for Tractors |
4767 84.10 Staples Office Supplies �
4768 245.70 Russ Enterprises Sign Decals |
4789 289 �O °14 David Reinnburoennmnt''��h|u|a �Repairs
� ' poro
� 4770 161.29 OavidSmnguinetti Reimbursement--Boots |
� 4771 115.90 °15 San Mateo County Permit-Renoovo Underground Tank
4772 508.40 °18 County ofSan Mateo Planning Dept. Perm it--*8exver/Smptic |
4773 108.88 San Mateo County Times Yearly Subscription �
� 4774 110'00 Santa Clara Co. Dept. of Environmental Health Perrn|t-Hezordoum &qeted�|o �
� .
4775 100.81 Second Cup 8uain*ou Meeting Expense
� 4776 180.07 Shell Oil Fuel /
4777 1'722.92 Shelton, Inc. Culverts
4778 177.39 Signs of the 7lnneo Signs |
4778 778.20 Steven's Creek Quarry, Inc. Rip Rap Rock
4780 346'40 Summit Uniforms Uniforms �
�
4781 2'165'00 Teator@k Etc. K4epu
4782 80'00 Terminex Bi-monthlySenvice �
4783 37.50 Tananearch Inc. Gaotenhnico| Gemiom-BridgeProjects �
4784 1'518.58 Ternteoh Landslide Consulting Services �
4785 2,268'93 ThermnoCmrp. Kxon1h|yN1mintonanoa-0mte| Building �
4786 2'967.80 USRenta|e BaokhoeRanta| �
4787 7.43 University Art Mapping Supplies
4788 1,683.35 *17 \Uma 214.09 Uniforms �
�127.31 Field Expenses
�
207.10 Native Plants
800.00 Offices
| 80.77 Business Meeting Expenses
158.00 Seminar Expense
| 115.10 Search 8.Rescue Equipment
|
| Page �
'
| -
�
Claims No. 98-16
Meeting 98-19
Date: September 9, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4789 600.00 W. J. Sorich Enterprises Sorich Road Dues
4790 300.00 Roberta Wolfe Recording Services
4791 170.30 Mike Williams Vehicle Expense
4792 63.94 Wheelsmith Vehicle Repairs
4793R 440.94 Petty Cash Postage, Local Business Meeting Expense,
Film Developing, Nature Center Supplies,
Office Supplies, Field Supplies and Fuel
*1 Urgent Check Issued August 17,1998
*2 Urgent Check Issued August 13,1998
*3 Urgent Check Issued August 24,1998
*4 Urgent Check Issued August 18,1998
*5 Urgent Check Issued August 27,1998
*6 Urgent Check Issued August 20,1998
*7 Urgent Check Issued September 1,1998
*8 Urgent Check Issued August 17,1998
*9 Urgent Check Issued August 17,1998
*10 Urgent Check Issued August 20,1998
*11 Urgent Check Issued August 20,1998
*12 Urgent Check Issued August 20,1998
*13 Urgent Check Issued August 27,1998
*14 Urgent Check Issued August 20,1998
*15 Urgent Check Issued August 17,1998
*16 Urgent Check Issued August 21,1998
*17 Urgent Check Issued August 27,1998
TOTAL 249,409.92
Page 4
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
4 Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
September .1 0, 1998 Staff to for
Directed C to Prepare Draft
Rea oms fot Board Consideration per
Board Directives)
No Response Necessary
Board of Directors
MROSD
330 Distel Circle
Los Altos, CA 94022
For some time now I have been complaining about your and your
staff' s use of the microphones with your public address
system during your meetings.
Perhaps you and your staff feel that if you ignore me, I
will go away. Feel again - I will not retreat.
Last evening, at your regular meeting, nearly everyone, with
the exception of Mrs. Hanko on an early occasion, failed to
use the standing microphones properly. The only person I
clearly heard and understood was Mrs. Crowder who was using
a microphone clipped onto her clothing. Even after I
particularly asked Mr. Craig Britton, your General Manager,
to speak into the microphone, he failed to do so.
What does it take to cause you and your staff to use the
equipment you have purchased in a proper manner so that all
may hear? I have asked you to provide clip on microphones
for all , to no avail. Yes, they cost money, but you have
wasted money on equipment that you do not properly use.
You have a responsibility under the Americans With
Disabilities Act.
Are you going to assume this responsibility?
Or, are you going to continue to shirk this responsibility?
Harry H. Haeussler, J
1094 Highlands Circle
Los Altos, CA 94024-7016 E IqF�D
W
S EP 14 1998
i i,J)PEMNSU A REGIO14AL
SPEN SPACE DISTRICT
I
I
I
- - - - - - - - - -- - - - --- --
Regional Open -,,ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Harry Heussler
1094 Highlands Circle
Los Altos, CA 94024-7016
Dear Harry:
Thank you for your letter of September 10. The Board reviewed your letter last night at
its regular meeting.
I appreciate your pointing out the staff and Board members' inconsistent use of the public
address system during Board meetings. Unfortunately, some of us have lapsed in our use of the
microphones. As you may recall, we taped small signs to each microphone stand to remind
members to speak directly into the microphone. I will remind all Board and staff members to do
so.
As you might guess,the cost of lapel microphones is somewhat excessive. However,
we'll be looking at our budget to determine if a change to lapel microphones is possible.
Again, thank you for writing, and I assure you we'll try to make better use of the
microphones.
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
Regional Open -ice
R-98-114
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-20
September 23, 1998
AGENDA ITEM 1
AGENDA ITEM
Proposed Addition of Grainger, et al. Property to Monte�Bello 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 Grainger, et al. property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations
contained in this report, including naming the property as an addition to Monte Bello
Open Space Preserve.
4. Indicate your intention to dedicate the property as public open space.
DESCRIPTION (see attached Exhibit A)
The 24-acre Grainger property is located in the Palo Alto foothills and surrounded by
approximately 6,400 acres of public open space lands, including Skyline Ridge and Monte
Bello Open Space Preserves. Situated across Skyline Boulevard from the main entrance to
Skyline Ridge Open Space Preserve, the property is considered of vital importance in
preserving the area's regional greenbelt and trail system. It is highly visible from adjacent
open space trails, and is an important part of a large wildlife corridor between open space
preserves and the headwaters of Stevens Creek.
The Grainger property is a natural addition to Monte Bello Open Space Preserve as it is
bounded by the preserve to the north, east and west, and Skyline Boulevard to the south. It is
comprised of two contiguous parcels: a 20.73-acre parcel located within the City of Palo Alto
(Santa Clara County) and a 3.27-acre parcel located in unincorporated San Mateo County.
The smaller parcel is located adjacent to Skyline Boulevard. Although the parcels are located
in two counties, they form only one legal parcel.
The diverse landscape is comprised of grassy knolls, steep forested hillsides, and dense
creekside vegetation. Slopes primarily face towards the north making them highly visible from
the Stevens Creek Nature Trail, Monte Bello Trail, Canyon Trail, and Indian Creek Trail.
Stevens Creek forms the north boundary of the property where slopes are generally very steep
and heavily forested with Douglas fir, madrone, and bay. Gentle grassy meadows and oak
woodland are located near the main entrance to the property along Skyline Boulevard. Star
thistle has seriously invaded the grassland areas.
330 Distel Circle * Los Altos, CA 94022-1404 a Phone:650-691-1200
FAX: 650-691-0485 - E-mail: nirosd@ol)enspace.org * Web site:www.openspace.org
7
Bomd of Oirectors:Pete Siernens,Wry C. Davey,Jed Cyr,David T.Sniernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Mmmger:L.Craig Britton
R-98-114 Page 2
The upper portion of the property is developed with a residence, winery (barn) building, and
ancillary structures. The two-story residence is approximately 1,900 square feet and has two
bedrooms, one-and-a-half bathrooms and a two-car garage. The 2,800 square-foot winery is a
single-story structure having a barn-like appearance. It is a woodframe structure with a metal
roof, built on a concrete slab and divided into two bays; one serves as a barrel storage room
and the other a case room. The inside of the structure has exposed insulation which has been
damaged by a leaking roof. Wind and water damage to the roof, siding, and insulation has left
the structure in moderately poor condition and will require significant investment if it were to
be made usable and more compatible with the surrounding open space. Other structures
include a garden shed with enclosure, a 3,000-gallon water tank, and solar powered electric
gate. The water for the residence and winery comes from an on-site well which has a
marginally acceptable flow rate and could limit certain agricultural uses of the property. A
gravel-surfaced driveway enters the property from Skyline Boulevard and serves the residence
and winery building.
In their current state, the structures are relatively unobtrusive to preserve trail users but, if the
structures and surrounding landscape were significantly altered, the character of the adjacent
preserves could change dramatically, especially as viewed from the Ridge Trail on Skyline
Ridge Open Space Preserve and various trails on Monte Bello Open Space Preserve.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located within the City of Palo Alto and zoned OS (Open Space), requiring a
10-acre minimum lot size per dwelling. The property is subject to a Williamson Act contract,
requiring a 40-acre minimum lot size based on its classification as non-prime agricultural land.
Because the majority of the property is located within the City of Palo Alto, San Mateo
County defers to the City of Palo Alto for planning decisions. Also, the Williamson Act
applies only to the Palo Alto parcel. The Santa Clara Countywide Trails Master Plan shows
regional trails in the vicinity of the property paralleling Skyline Boulevard and connecting
north to Palo Alto and west into San Mateo County.
The parcels are rated in the District's Open Space Master Plan as having moderate to high
composite open space values and are important in terms of potential outdoor recreation,
wildlife habitat, and scenic backdrop as it relates to views from trails on Monte Bello and
Skyline Ridge Open Space Preserves.
The structures somewhat detract from the open space character of the area and are generally
undesirable in that regard. The District's Skyline field office and ranger residence are located
across Skyline Boulevard, making it unlikely that these structures would be needed for
management or site protection purposes. There are no known public uses for the structures but
there may be potential agricultural uses for the winery building. An interim rental that
includes the residence and winery building should be employed to maintain the structures on a
temporary basis while potential agricultural uses are being explored.
R-98-114 Page 3
Preliminary Use and Management Plan Recommendations
The Preliminary Use and Management Plan will take effect at the close of escrow and remain
effective until the plan is amended or a Comprehensive Use and Management Plan is prepared.
Any proposed changes to land use will be subject to further environmental review and public
input.
Structures: Rent the residence and winery building for one year during which time staff will
return to you with a specific proposal for long-term use or removal of the buildings.
Public Access: No public access; site to remain closed until plan for structures is approved.
Trail Designation: No designated trails at this time.
Dedication: Indicate your intention to dedicate the property as public open space.
Name: Name the property as an addition to Monte Bello Open Space Preserve.
Roads: Maintain driveway in surfaced condition to provide access for tenants and patrol.
Signs: Install preserve boundary signs where appropriate.
Site Safety Inspection: Inspect the property to determine if there are hazards that need to be
mitigated.
CE,QA COMPLIANCE
Proj
ect Description
The project consists of the acquisition of a 24-acre parcel of land as an addition to Monte Bello
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, and may be open to the public for low-intensity recreation. The land will be maintained
in a natural condition.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment.
It is categorically exempt from CEQA (the California Environmental Quality Act) under
Article 19, Sections 15317, 15325, and 15061 as follows:
Section 15117 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will acquire fee interest and maintain the open space
character of the area. Public trail use may be implemented in the future, but no new
development is proposed as part of this project.
R-98-114 Page 4
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer ownership of the property to the District and ensure it
will be preserved as public open space by incorporating it into the Monte Bello Open Space
Preserve.
This acquisition qualifies under both 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 of this 24-acre property is $1,100,000 which is payable in cash at the close of
escrow. The District has had a long-standing interest in acquiring and protecting this visible
property from further development. The current owners, Jeffery Grainger and Maren Monsen
purchased the subject property in January of 1997 for $1,144,000. They have agreed to sell the
property at a reduced price to the District for many reasons, including the fact that they are
supportive of the District's land preservation goals and sensitive to the visual impacts any future
development of this property would have on surrounding District lands. Therefore, the owners
have given the District the opportunity to purchase the property instead of exposing the property
on the open real estate market. As part of this transaction, the owners will enter into a modified
District Rental Agreement as non-paying tenants for a period of one year. The current market
rental rate for the residence ranges between $1,800 and $2,000 per month which equates to a
present value of between $21,600 and $24,000 over the course of a year. Considering the rent
free lease-back and the recent real estate market activity in this area, the purchase price remains
favorable to the District.
The subject property is potentially subdividable as two legal parcels (10-acre minimum lot size)
under the current zoning requirements of the City of Palo Alto. However, the property is subject
to a Williamson Act contract, a land conservation agreement with an on-going ten-year term,
requiring a 40-acre minimum lot size. If this contract were canceled, the subject property could
be subdivided into two sites after nine years. Under current zoning, a residence could be built on
the knoll northeast of the residing winery building, with the existing residence becoming a
potential guest residence or being removed after the completion of a new and more visible home
on the knoll.
The property is being purchased on an "as-is" basis. As part of this condition, District staff has
completed a due diligence inspection and review. This process included a site inspection and
review of numerous documents including: Pest Inspection Report, Septic and Water System
Inspection Reports, Subdivision and Winery applications and correspondence with the City of
Palo Alto, and home improvement work and receipts. The home improvements made by the
current owners include structural bracing of the residence, improvement of the water system,
remodeling of the downstairs bathroom and plumbing upgrades. Staff is satisfied with the
condition of the property and improvements, and recommends purchase of the property in its
current "as-is" condition.
R-98-114 Page 5
BUDGET CONSIDERATIONS
1998/1999 Budget for Land Acquisition
New Land Budgeted for Acquisition $11,303,000
New Land Purchased this year (1,596,600)
Grainger Acquisition proposed on this agenda (1,100.00
Acquisition Budget Remaining $ 8,606,400
Controller M. Foster has been consulted on this proposed acquisition, and has indicated that,
considering cash flow and availability, funds are available for this property purchase. This parcel
was identified as an important addition to Monte Bello Open Space Preserve for protection of
wildlife habitat and scenic backdrop.
PUBLIC NOTIFICATION
District land surrounds the property; no property owners are being notified.
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
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
(MONTE BELLO OPEN SPACE PRESERVE -LANDS OF
GRAINGER, ET AL.)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby
accept the offer contained in that certain Purchase Agreement between Jeffery J. Grainger and
Maren R. Monsen, husband and wife, and Midpeninsula Regional Open Space District, a copy of
which is attached hereto and by reference made a part hereof, and authorizes the President or
appropriate officers to execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors or other appropriate officer is authorized
to execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to the seller. The General Manager 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$1,100,000.00 from the proceeds of the next long-term
r
District note issue. This Section of this Resolution is adoptedY b the Board of Directors
tors of
Midpeninsula Regional Open Space District solely for purposes of establishing compliance with
the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this
payment expenditure is consistent with 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.
i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
*110, Vista Trail
19
MON-TE BELLO
OPEN SPACE
n PRESERVE �• 0.8
d sr
PROPOSED ACQUISITION
1 .2 (GRAINGER/MONSEN 24 AC.)
90 \1 re
-frail
0.6 0.2
0.3
0.4
0.1
(R05) ! (M1306) Reside ce
'0.1. 0.1 �% ` Winery%Barn
0.2
Alpine �' 22n0 1
Pond _ SKYLINE RIDGE _ 0.2
OPEN SPACE 1�> "=#SR04) =
t
0.2 PRESERVE it
t� 0.5 0�)
0.3
1.5 O _ 0.1 it 0.1 (SR03)
5 • or hoe
Lace
0.2
.4 —
0.3 0.2 � ,
0
EXHIBIT A 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 mile
PURCHASE AGREEMENT
This Agreement is made and entered into by and between JEFFRY J.
GRAINGER and MAREN R. MONSEN, husband and wife, as community property
hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California
Public Resources Code, hereinafter called "District.
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space
and recreational value, located within the adjoining areas of the County of Santa Clara and the
County of San Mateo and being more particularly described within the body of this
Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange,-gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological, recreational, and aesthetic resources of the
midpeninsula, area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to
District, and District wishes to purchase said property upon the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree'as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's real property located within the adjoining. areas of the County of
Santa Clara and the County of San Mateo, State of California, containing approximately
twenty-four (24) acres, more or less, and commonly referred to as Santa Clara County
Assessor's Parcel Number 351-060-017 and San Mateo County Assessor's Parcel Number
080-302-020. Said property being further described in the Legal Descriptions attached as:
(a) Exhibit A First American Title Company Preliminary Title Report 515354
dated June 30, 1998 (Santa Clara County Assessor's Parcel Number 351-060-017);
(b) Exhibit B First American Title Company Preliminary Title Report 420923
dated July 15, 1998 (San Mateo County Assessor's Parcel Number 080-302-020). A copy of
said preliminary title reports are attached hereto as Exhibit "A" and "B" and incorporated
Purchase Agreement Page 2
herein by this reference. Said property is 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 shall hereinafter be called the "Subject Property" or the "Property".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be One Million One Hundred Thousand and No/100 Dollars ($1,100,000.00), which
"Closing" defined in Section 3 hereof.
h be aid in cash at the Clos as
shall p g
3. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 13 herein, an escrow shall be opened at First American Title Insurance Company,
555 Marshall Street, Redwood City, CA 94063, (650) 367-9050 (Escrow numbers 515354
and 420923) or other title company acceptable to District and Seller (hereinafter "Escrow
" A full
consummated.Holder through which the purchase and sale of the Property shall be co y
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executed copy g
of this Agreement shall be deposited with Escrow Holder to serve as escrow
additional
Holder; provided that the parties shall execute such
bons to Escrow Ho
instruc
P
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 October 9, 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 Offices of the
County Recorder of Santa Clara and San Mateo Counties.
(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 two (2)
executed and recordable Grant Deeds, covering the Property as described in said Exhibits "A"
and "B"
(d) District shall deposit into the escrow, on or before the Closing:
(i) The required Certificates of Acceptance for the Grant Deeds, duly
executed by District and to be dated as of the Closing;
Purchase Agreement Page 3
(ii) District's check payable to Escrow Holder in the amount of One
Million Ninety Thousand and No/100 Dollars 0 ($1,090,000.00) which is the
balance of the Purchase Price of One Million One Hundred Thousand and
No/100 Dollars ($1,100,000.00) as specified in Section 2. The balance of
$10,000.00 is paid into escrow in accordance with Section 13 of this
Agreement.
(e) District and Seller shall share equally (50150) the escrow fees, the CLTA
Standard Policy of Title Insurance, if required by District, and all recording costs and fees.
All other costs or expenses not otherwise provided for in this Agreement shall be apportioned
or allocated between District and Seller in the manner customary in Santa Clara County. All
other escrow costs or expenses including current property taxes on the Property shall be pro-
rated through escrow between District and Seller as of the Closing based upon the latest
available tax information using the customary escrow procedures.
(f) Seller shall cause First American Title Insurance Company, or other
title company acceptable to District and Seller, to be prepared and committed to deliver to
District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District
in the amount of$1,100,000.00 for the Property showing title to the Property vested in fee
simple in District, subject only to: (i) current real property taxes, (ii) title exceptions 3, 5, 6,
and 10 in Preliminary Title Report No. 515354 (Exhibit A, Santa Clara County) and
exceptions 5, 6, and 7 in Preliminary Report No. 420923 (Exhibit B, San Mateo County), (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 Deeds and attendant Certificates of Acceptance to be
recorded in the Office of the County Recorder of Santa Clara and San Mateo Counties. 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. 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
Purchase Agreement Page 4
each party expressly reserves any other rights and remedies which it may have against any
other party by reason of a wrongful termination or failure to close escrow.
5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or
written leases or rental agreements affecting all or any portion of the Subject Property. Seller
further warrants and agrees to hold District free and harmless and to reimburse District for any
and all costs, liability, loss, damage or expense, including costs for legal services, occasioned
by reason of any such lease or rental agreement of the Property being acquired by District,
including, but not limited to, claims for relocation benefits and/or payments pursuant to
California Government Code Section 7260 et seq. 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 Reresentations 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 ri . Seller has the full right, power and authority to enter into this
Autho �tv g Po tY
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 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 indemnify and defend District from
and against any claims made by any third party which are based upon any inaccuracy in the
foregoing representations.
7. Integrity of FLggg X. 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 material physical changes on the Property.
Such changes shall include but not be limited to grading, excavating or other earthmoving
1
Purchase Agreement Page 5
i
activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or
demolition of improvements or structures on the Property.
8. Rentback to Seller. District agrees to approve and execute before the close of
escrow a Rental Agreement with Seller as further consideration for this conveyance, the main
residence located on the Subject Property to Seller for a lease term not to exceed one (1) year.
Said Rental Agreement shall be in the form attached as Exhibit C hereto and incorporated
herein by this reference.
9. "As-Is" Purchase and Sale. District is purchasing the Property on an "As-Is",
without warranties, express or implied, regarding the physical condition of the property or any
patent or latent defects therein or thereon basis subject to the following conditions:
(a) Within 10 days from the date Seller delivers an executed copy of this
I
Purchase Agreement to the District, Seller shall provide District with copies of all reports and
documents in its possession regarding the improvements, physical, geologic and environmental
condition of the Property known to Seller for District's inspection and review. This shall
include true and complete copies of any reports concerning the presence of hazardous waste
(including PCBs) on the Property., and any environmental audits, assessments, sampling or
tests concerning hazardous wastes on the Property. These documents shall include but not be
limited to:
(1) Any Building, Septic Inspections or Pest Control Inspection Reports;
(2) Any Water Tests or Well Inspections;
(3) Any underground fuel oil tank inspection reports and tests;
(4) Any Landslide or Geologic Reports;
(5) Any Property Inspection Reports;
(6) Hazardous Materials Disclosure;
(7) Asbestos Disclosure;
(8) Lead. Paint Disclosure;
(9) Any Notice of Zoning or Building Violations with Santa Clara or San
Mateo County, and any other reports pertaining to building or zoning
ordinance compliance.
(10) A list of repairs or improvements or alterations Seller has made to the
Subject Property during Seller's ownership including any plans,
specifications or building permits for such work.
After the delivery of any and all such documents relating to the property, District shall have
twenty-one (21) days to review any and all documents and complete any investigation or
inspection of the Property required by it to satisfy itself regarding any concerns District may
have related to these documents or to the physical condition of the Property including without
limitation environmental, geologic, flood or safety conditions. District shall have the right at
I
Purchase Agreement g Page 6
all reasonable times to enter the Property to conduct or have conducted any environmental,
soils or other physical studies or tests of the Property or its improvements it desires to conduct.
Inspections and investigations of the Property conducted by the District shall be prearranged
and consented to by the Sellers, which consent shall not be unreasonably withheld by Seller.
District agrees to restore the Property to its condition before such investigations occurred, and
shall indemnify Seller against any damages or liabilities resulting from such investigations,
including mechanics and materialmen's liens.
(b) If during the twenty-one (21) day investigation period, District
determines that hazardous waste clean up, repairs, cleanup of garbage or debris, curing of
building or zoning code violations or mitigation or remediation of a material nature of the
physical condition Property, or any structure thereupon may be required, the District shall
have the right, within such twenty-one (21) day period, to terminate this Agreement.
Alternatively, within such twenty-one (21) day period District may request Seller to cure or
remedy any condition at issue. Seller shall have the option, but not the obligation, to remedy .
the condition to District's satisfaction within such period of time and upon such terms as are
agreed to by District.
(c) Within five (5) days of the date of District's written request to cure or
remedy, Seller shall notify the District in writing whether it elects to cure or remedy said
condition or conditions. If Seller notifies the District in writing of Seller's refusal to remedy
any of such conditions to District's satisfaction, and if District does not notify Seller within
five (5) days after the date of such notice that it is withdrawing such request, then this
Agreement shall terminate at that time.
10. Hazardous Waste.
(a) Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, tokicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.)
(b) Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property, Seller makes the following representations and warranties to
j
f
Purchase Agreement Page
a 7g
District, which shall survive close of escrow, each of which is material and is being relied
upon by District:
(i) To the best of Seller's knowledge, without further inquiry the
Property does not contain any Hazardous Waste or underground storage tanks;
(ii) To the best of Seller's knowledge, without further inquiry 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;
OR) To the best of Seller's knowledge, without further inquiry at the
time Seller acquired the Property, Seller did not know that any Hazardous
Waste was present, used, manufactured, handled, generated, stored, treated,
discharged, buried or disposedd 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) To the best of Seller's knowledge, without further inquiry 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 that any governmental authority
or any employee or agent thereof has determined, or threatens to determine, that
there is a presence, release, threat of release, placement on, under or about the
Property, or the use, manufacture, handling, generation, storage, treatment,
discharge, burial or disposal on, under or about the Property, or the
transportation to or from the Property, of any Hazardous Waste;
(vii) Seller has had no communications and has made no 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,
Purchase Agreement Pa e 8
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) Indemnily. 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 in paragraph 10(b)
hereof.
11. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and 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) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government
Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or
rights Seller may have to any relocation assistance, benefits, procedures, or policies as
provided in said laws or regulations adopted thereunder and to any other compensation, except
as provided in this Agreement. Seller has been advised by counsel as to the extent and
availability of such benefits, procedures, notice periods, and assistance and freely and
knowingly waives such claims, rights and notice periods except as set forth in this Agreement
the fair market value of said Property, appraisals, etc., as provided for by said Federal Law
and any corresponding California Government Code Sections.
12. Miscellaneous Provisions.
Provi i n s.
(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.
Purchase Agreement Page 9
(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) 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 jnail, 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: Jeffry Grainger and Maren Monsen
17287 Skyline Boulevard, Box 104
Woodside, CA 94062
(650) 482-4215
FAX (650) 482-4287
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 n 1 f ' *facsimile
sent b telegraph, acsimile co or cable a confirmed of such telegraphic,* a
Y 8mP PY SPY �P
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
4 r
Purchase Agreement Page 10
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 g c notices
g Pe
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) Severabili1y. 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 bindingupon the artier the 'es that such po p park agree c determination
shall not result in the nullity or unenforceability of the remaining portions of this Agreement.
(g) Counterparts. This Agreement may be executed in to counterparts,,
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each of which shall be deemed as an original, and when executed 1 r
to o together, shall
Y
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, conver
sations, negotiations,
agreements or understandings relating to the same subject matter.
(j) Time of Essence. Time is of the essence of each provision of this
Agreement.
(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.
Purchase Agreement Page 11
I
(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 covenant
s are intended to
be full effe
ctive and binding, to the extent
y g, to t permitted
by law, on the successors
s and permitted assigns of the parties hereto,
(o) Broker's Commission. Seller and District individually represent that no
real estate brokers or other third parties are involved in this transaction such that said third
party would claim a commission, finder's fee or other entitlement. The Seller will indemnify
the District from any such claim made by or through the conduct of the Seller and the District
will indemnify the Seller from any such claim made by or through the conduct of the District,
in connection with this transaction.
(p) Captions. Captions are provided herein for convenience only and they form
no part of this Agreement and are not to serve as a basis for interpretation or construction of
this Agreement, nor as evidence of the intention of the parties hereto.
(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 a dispute arises out of or relates to this
Agreement or the performance or breach thereof, the parties shall jointly select one arbitrator
who shall be a retired or former judge of the Superior Court of California. The arbitration
shall be conducted in accordance with the rules set forth in California Code of Civil Procedure
Sections 1280 et. seq. Hearings shall be held in San Mateo County, California. If the parties
are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial
Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is
required to resolve a dispute, it shall in all cases be final and binding.
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 POSSFSS.TO HAVE
THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY
INITIALING IN THE SPACE BELOW, YOU ARE GAG 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
Purchase Agreement Page 12'4
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. rr l
SELLER INIT BUYER W
13. Acceptance. Provi ed that this Agreement and the-attached Residential Rental
Agreement is executed by Seller and delivered to District on or before August 21, 1998 , District
shall have until midnight September 23, 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.
Said offer shall remain irrevocable during this period without the necessity of execution and
acceptance of this Purchase Agreement by District. As consideration for said irrevocable offer,
District has paid into escrow and Seller acknowledges receipt of the sum of Ten Thousand
Dollars and No/100 ($10,000.00), which shall be applied to the Purchase Price asset 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.
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Purchase Agreement g Page 13
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 J #p �-
yr7iamger
ACCEPTED FOR RECOMMENDATION Date: 2 /
C �
Michael C. Williams, Real Property 1
Representative Maren R. Monsen
APPROVED AS TO FORM: Date:
Sue Schectman, District Counsel
NDED FOR APPROVAL:
L. Crug Britton
General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
C
e
First American Title Guaranty Company
PRELIMINARY REPORT
Note:
Before the transaction contemplated by this report can be closed, the seller must furnish a correct
Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the
Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and
the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification
Number.
FIRSTAmERIcAN
TITLE GUARANTY
ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE
PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE
ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE
FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW:
First American Title Guaranty Company
601 Marshall Street
Redwood City, CA 94063-161
650 367-9050
EXHIBIT
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PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO
ANY OF THE FOLLOMNG QUESTIONS:
Are your principals using a Power of Attorney?
Are an of the parties in title Incapacitated or Deceased?
Y P P
Has a change in marital status occurred for any of the principals?
a Will the property be transferred to a Trust, Partnership, Corporation or
Limited Liability Company?
Do the sellers of the property reside outside of California?
Is the property the subject of a Tax Deferred Exchange?
IN ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER:
All parties signing documents must have a valid photo Identification card,
Driver's License or Passport for notarial acknowledgement..
Please call your Escrow Officer with the.loan or lien payoff information, if
required, so that we may order the payoff demand in a timely manner; or
advise Escrow Officer if loan is beingassumed b buyer.
Y Y
If parties are obtaining a loan, your Escrow Officer will need to have the.
fire/hazard insurance agent name and phone number to add the new lender
on the policy as a loss payee.
If there is to be a change'of ownership, it will be necessary for parties to
indicate how they would like to vest title. We have a worksheet available
briefly explaining various methods of holding title; please request one from
us. The method of holding title (vesting) has certain legal and/or tax
consequences and parties are encouraged to obtain advice from an
attorney, CPA or other professional in this matter.
EXHIBIT
Page_e..of_.LL__
1�
t073198ee
APPLICANT: YOUR CONTACT PERSON IS :Tina Davis
TELEPHONE NUMBER (650) 367-9050
TITLE ORDER NO. 515354
First American Title Company TITLE COORDINATOR Robert Tidd
Attention: Tina Davis TITLE OFFICER Michael D. Hickey
601 Marshall Street ESCROW ORDER NO. 279970
Redwood City, CA 94063-161 PROPERTY ADDRESS 1185 Skyline Boulevard
Palo Alto, CA
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title
insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -
1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE,AND A SPECIFIC REQUEST SHOULD BE
MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form
specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of
the Policy forms should be read. They are available from the office which issued this report.
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 thereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Sandra J. Wing
Vice President
EXHIEIT
Page off
Order No. 515354
Page No. 2
Dated as of June 30, 1998 at 7:30 a.m.
Title to said estate or interest at the date hereof is vested in:
JEFFRY J. GRAINGER and MAREN R. MONSEN, husband and wife, as community property
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1998-1999,
a lien not yet due or payable.
2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
3. ANY EASEMENT for water course over that portion of said land lying within Stevens Creek and any
changes in the boundary lines of premises that have occurred or may hereafter occur from natural
causes and by imperceptible degrees, together with any rights and easements for'navigation and
fishery which may exist over that portion of said land lying beneath the waters.
4. LACK OF RECORD ACCESS to any public street or highway. •.
5. EASEMENT for the purposes stated herein and incidents thereto
Purpose Power line running from an existing well
Reserved by Y: Te nharo Woodward, et ux
Recorded September 12, 1966 In Book 7499, page 569, Official Records
Affects 20 feet in width,lying 50 feet Southeasterly of the angle point formed
by the above-mentioned courses North 300 00' 43".East 319.81 feet
and North 310 51' 28" East 1347.78 feet and Skyline Boulevard.
6. THE EFFECT of that certain"Resolution Altering Boundaries of the Agricultural Preserve in the County
of Resolution Altering Boundaries of the Agricultural Preserve"
Recorded February 28, 1973 in Book 257, page 263, Official Records.
EXHIBIT
Page j_OU __
Order No. 515354
Page No. 3
i
7. A DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any
other amounts and/or obligations secured thereby
Amount $400,000.00
Dated January 14, 1997
Trustor Jeffry J. Grainger and Maren R. Monson, husband and wife
Trustee Fidelity National Title Insurance Company
Beneficiary First Republic Savings Bank
Address 101 Pine Street, San Francisco, CA 94111-5312
Loan/Ref. No. 12-0209692
Recorded January 31, 1997, under Series No. 13597131, Official Records.
8. A DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any
other amounts and/or obligations secured thereby
Amount $2609000.00
Dated January 14, 1997
Trustor Jeffry J. Grainger and Maren R. Monsen, husband and wife
Trustee Fidelity National Title Insurance Company
Beneficiary First Republic Savings Bank
Address 101 Pine Street, San Francisco, CA 94111-5312
Loan/Ref. No. 60-0215715
Recorded January 31, 1997, under Series No. 13597132, Official Records.
9. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options
to purchase or rights of first refusal contained therein.
10. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this
Company, or by inquiry of the parties in possession thereof.
INFORMATIONAL NOTES
A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
GRANT DEED
From Nathaniel D. Sherrill and Jan W. Sherrill, husband and wife
To Jeffry J. Grainger and Maren R. Monson, husband and wife, as
community property
Recorded January 31, 1997, under Series No. 13597130, Official Records.
(INFORMATIONAL NOTES CONTINUED NEXT PAGE)
EXHIBIT
Page ot_.0 -,_
Order No. 515354
Page No. 4
INFORMATIONAL NOTES: Continued
B) TAX NOTE
BOTH installments of taxes for the fiscal year 1997-1998 have been paid in full
1 st installment $803.90
2nd installment $803.90
Land $24,003
Improvements $110,114
Personal Property $-0-
Exemption $7,000
A.P. No. 351-06-017
Code Area 06-031
C) ADDITIONAL TAXES for the fiscal year 1997-1998, paid in full
1 st Installment $-0-
2nd Installment $96.00
A. P. No. 351-06-017-M8
D) SHORT TERM rate applies. Current vestees were last insured on January 31, 1997.
E) The City of Palo Alto imposes a property transfer tax of$3.30 for each $1,000.00 or fractional part
thereof of the total consideration.
F) SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand based
on equity transferred.
G) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
H) IN CONNECTION with the above-numbered transaction, the following address will be shown on any
116 endorsement issued to an approved lenders policy.
1185 Skyline Boulevard
Palo Alto, CA
EXHIBIT
Page .&
Order No. 515354
Page No. 5
LEGAL DESCRIPTION
i
REAL PROPERTY in the City of Palo Alto, County of Santa Clara, State of California, described as follows:
Commencing at a point on the property line common to the lands now or formerly owned by Hugh Lambert
Ross and the lands now or formerly owned by Domberger, which point bears Northeasterly along said
common line 297.00 feet from a post marked "D-4," said point lying on the centerline of Skyline Boulevard
(100 feet wide) at Engineer's Station "L" 39+51.00 Point on Tangent of the Department of Public Works
Survey for the State Highway between Alpine Road and Saratoga Gap. Road IV-SM-SCL-55-E, as described
in that certain Grant Deed from Edwin F. and Barbara K. Albertsworth to the State of California, as filed in
Volume 826 of Official Records of San Mateo County, at page 119; thence from said point of commencement
along said property line common to the lands of Ross and Domberger North 540 22' 20" East 55.06 feet to
a point on the Northeasterly line of said Skyline Boulevard, said point being the true point of beginning of the
parcel to be described; thence from said true point of beginning along said Northeasterly line of Skyline
Boulevard South 600 23' 30" East 731.75 feet; thence leaving said Northeasterly line of Skyline Boulevard
North 300 00' 43" East 319.81 feet; thence North 310 51' 28" East 1347.78 feet; thence North 620 43' 40"
West 375.00 feet; thence North 270 16' 20" East 305.45 feet to a point on the centerline of Stevens Creek;
thence along the centerline of Stevens Creek the following courses and distances: North 240 50' 40"West
97.75 feet; South 40 55' 00"West 80.38 feet; South 490 58' 00"West 37.60 feet and North 41° 45'00"West
158.43 feet to the Northwest corner of that certain 182.64 acre tract described as Parcel 1 in the Deed to
Charles S. Howard Jr., recorded August 4, 1944 in Book 1212 of Official Records of Santa Clara County, at
page 296; thence leaving the centerline of Stevens Creek and along the Northwesterly line of said 182.64-
acre tract South 300 00' 43" West 1566.40 feet to an iron pipe monument; thence continuing along said
Northwesterly line South 540 22' 20" West 428.71 feet to the true point of beginning.
Excepting therefrom all the above described property lying within the County of Santa Mateo, State of
California.
APN: 351-06-017
ARB: 351-06-017
EXHIBIT
Page���_
FIR_STAMERIGAN
FIRST AMERICAN TITLE
GUARANTY COMPANY
1737 North First Street, San Jose, CA 95112
(408) 451-7800 TITLE GUARANTY
NO E
In accordance with Section 18662 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 to 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).
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 rice of the California real property conveyed does not exceed one hundred thousand dollars
P P P Y Y
($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 statutes 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 attomey'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.
EXHIoIT
Page
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970
rr "ITH A.L.T.A. ENDORSEMENT FORM 1 Cr 'AGE
CHEDULE OF EXCLUSIONS FROM CO\ 3E
Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupan
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 reduc;
in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation.
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.
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 she
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 thus policy or acquired
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)icy or
in re ,r
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 an statutoryresulting
or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). y lien for labor or mate
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 appka:"doing business"laws of the state 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 paragrapt
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 pubic
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 alien,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 dagigge,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 relatir
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; (iB) a separation i
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 c
these taws,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 fror
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,fien or encumbrance resulting fror
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 whit
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) created,suffered,assumed or agreed to by the insured claimant,
(b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and riot disclosed in writing to the Company by the insure
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 Bert of the insured mortgage over any statutory Ben 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 Ben of the insured mortgage because of the inabil'ity'or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of th
indebtedness,to comply with applicable "doing business'laws of the state in which the land is situated.
5. Invalidity or unenforceabrTdy of the Ben of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upo
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 Ben for services,labor or materials over the Ben of the insured mortgage)arising fror
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 th
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 insolvenc}
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
(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:
(a)to timely record the instrument of transfer,or
(b)of such recordation to impart notice to a purchaser for value or a judgment r P I gme o lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN 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 ttte exclusions set forth in paragraph 6 above ah
used and the following exceptions to coverage appear in the policy.
EXHIBIT
Pam-_ E of _
5GHtUULE 5
T`iis policy toes not insure against loss or damar i the Company will not pay casts,attoreys'fees or exp which arise by reason of:
1. Taxes or assessments which are not shown ng liens by the records of any taxing authority that lev or assessments on real property or by the public records.
#4 Any facts,rights, interests,or claims which a, ,hown by the public records but which could be ascertain. ,an inspection of said land or by making inquiry of persons
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 fumished,imposed by law and not shown by the public records.
8. 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 relatir
to(i)the occupancy,use,or enjoyment of the land: (fn) the character dimensions or location of any improvement now or hereafter erected on the land: (iii)a separation
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 c
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.
i (b . Any governmental PoIn ce power not excl
uded by a above except to the extent
t that a notice o/ exercisethe thereof or a notice of a defect,lien or encumbranc
e resulting fror
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 whir
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 b the insured claimant;O g y e s ed cia a t,
(b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date insured
p the red 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, stag
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 ar,
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 or 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 famished,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 B,you are not insured against loss,costs,attorneys'fees and expenses resulting from:
1. Govemm ental 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 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 T'ttte Risks
4. Failure to pay value.
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
Page-/fl—of�
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ti� C9
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First American
Title Company
PRELIMIlNTARY REPORT
�X4Hi�iT
r
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 whicr
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.
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'tees 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,of 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;(ill)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 arty violation of these taws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice
of a defect,lien or encurthbrance 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 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 inured
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 it 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 te.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 to operation ol 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. My law.ordinance or govemmenal 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,
dimension or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimension 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 claimanL(b)not known to the Complany and not shown by the public records bit lahoum
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 inured 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 Dale of Policy:or(e)resulting in loss or damage which would
not have i 1 been sustained h the inured claimant had paid value for the estate or interest insured by policy.
this tic.
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 person 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. Unpatenled mining claims:reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights.claims or title to water. 'SI
T6. Any lien,or right to a lien,for services.labor or material heretofore or hereafter furnished.imposed by law and not shown by the public records. GIu1 6-
Page.�..aft
Order No. 42m3
FIRST AM ERICAN TITLE 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 AM ERICAN TITLE COMPANY
INFORMATION FOR YOUR SUCCESS
EXHIB r
Page
Order No. 42023
SUPPLEMCNTAL PRELIlIvIINARY REPORT
FIRST AMERICAN TITLE COMPANY
601 Marshall Street, Redwood City, CA 94063
(650) 367-9050 - ESCROW FAX (650) 569-2738
MID-PENINSULA REGIONAL
OPEN SPACE DISTRICT
Attn: Mike Williams
330 Distel Circle
Los Altos, CA 94022
Customer's Reference:
Form of Policy Coverage Requested: ALTA LOAN POLICY - 1992 AND CALIFORNIA
LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- (1992) OR AMERICAN
LAND TITLE ASSOCIATION OWNER POLICY- (1992) WITH 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, a Binder or
Commitment should be requested.
Dated as of July 15, 1998 at 7:30 a.m.
ESCROW OFFICER: TINA DAVIS
ASSISTANT: MARIA GUTIERREZ
Page 1
EXHIBIT
Page, 1' ._oL L-3-
SUPPLEMENTAL P `)RT Order No. 420923
Title of said estate or interest at the date hereof is vested in:
JEFFRY J. GRAINGER AND MAREN R. MONSEN, husband and wife, as Community
Property
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:
BEGINNING at a point on the property line common to the lands now or formerly owned by
Hugh Lambert Roses and the lands now or formerly owned by Domberger, which point bears
Northeasterly along said common line 297.00 feet from a post marked "D-4", said point lying
on the centerline of Skyline Boulevard (100 feet wide) at Engineer's Station "1" 39+51.00 point
on Tangent of the Department of Public Works survey for the State Highway between Alpine
Road and Saratoga Gap. Road-IV-SM-SCL-55-E, as described in that certain Grant Deed from
Edwin F. and Barbara K. Albertsworth to the State of California, as filed in Volume 826 of
Official Records at page 119, Records of San Mateo County, California; thence from said point
of beginning along said property line common to the lands of Ross and Domberger, North 54°
22' 20" East 55.06 feet to a point on the Northeasterly line of said Skyline Boulevard, said point .
being the true point of beginning of the parcel to be described:
THENCE from said true point of beginning, along said Northeasterly line of Skyline Boulevard,
South 60' 23' 30" East 731.75 feet; thence leaving said Northeasterly line of Skyline Boulevard.,
North 30" 00" 43' East 319.81 feet; thence North 31° 51' 28" East 1347.78 feet; thence North
310 51' 28" East 1347.78 feet; thence North 62°*43' 40" West 37500 feet; thence North 27°
16' 20" East 305.45 feet to a point on the centerline of Stevens Creek; thence along the
centerline of Stevens Creek the following courses and distances: North 24° 50' 40" West 97.75
feet; South 4° 55' 00" West 80.48 feet; South 49° 58' 00" West 37.60 feet and North 410 45'
45' 00" West 158.43 feet to the Northwest comer of that certain 182.64 acre tract described as
Parcel 1 in the Deed to Charles S. Howard, Jr. recorded August 4, 1944 in Book 12.12 of
Official Records of Santa Clara. County at page 296; thence leaving the centerline of Stevens
Creek and along the Northwesterly line of said 182.64 acre tract, South 30° 00' 43" West
1566.40 feet to an iron pipe monument; thence continuing along said Northwesterly line, South
540 22' 20" West 428.71 feet to the true point of beginning.
EXCLUDING THEREFROM all the above described property lying within the County of Santa
Clara, State of California. Said lands also being described as a portion of Parcel "A" as shown
on that certain map entitled "PARCEL MAP IN THE CITY OF PALO ALTO, COUNTY OF
SANTA CLARA AND THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING
A DIVISION OF A PORTION OF SECTION 15, 22 AND 23, TOWNSHIP 7 SOUTH,
RANGE 3 WEST, MOUNT DIABLO BASE AND MERIDIAN", filed in the office of the
County Recorder of San Mateo County, State of California, on December 1, 1966 in Volume
2 of Parcel Maps at page 23.
Page 2
EXHIBIT
Page of_1____
SUPPLENJ ENTAL R /RT Order No. 420923
•
A.P. No.: 080-302-020 JPN 080 030 302 02 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 1998-99, now alien, amount not yet
ascertainable.
2. General and Special Taxes for the fiscal year 1997-1998, in the amount of$93.02 each
installment, has been paid in full.
Code Area: 066-022 A.P. No.: 080-302-020
3. Supplemental Taxes for the fiscal year 1996-97 in the amount of $172.05, each
installment have been paid in full.
Valuation Date January 31, 1997
Tax Lien Number Not shown Parcel No.: 96-080-302-020-5-01
Supplemental Taxes for the fiscal year 1997-98 in the amount of $407.84, each
installment have been paid in full.
Valuation Date January 31, 1997
Tax Lien Number Not shown Parcel No.: 97-080-302-020-5-01
4. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with
Section 75 of the California Revenue and Taxation Code.
5. EASEAUNT for any existing public or private roads.
6. RIGHT OF WAY over the herein described property, as granted in Deed:
From: Edith Van Antwerp and William C. Van Antwerp, wife and husband
To: Pacific Gas and Electric Company, a California corporation
Dated: August 10, 1932
Recorded: August 27, 1932
Document No.: 13592-C
Book/Reel 570 of Official Records at page/image 426, Records of San Mateo County,
California.
Grants Right of Way for poles, wires and anchors.
Page 3 "HISIT Q
Page off
SUPPLEMENTAL R' )RT Order No. 420923
7. RESERVATION contained in Deed:
From: Teynham Woodward and Marie Woodward, his wife
To: Darlene Dawn Smith, a married,woman, as her sole and separate property
Recorded: September 7, 1968
Document No.: 94411-Z
Book/Reel 5212 of Official Records at page/image 606, Records of San Mateo County,
California.
Reserving therefrom an easement 20 feet in width, covering a power line running from
an existing well lying 50 feet Southeasterly of the angle point formed by the above-mentioned
courses, North 30° 00' 42" Fast 319.81 feet and North 31* 51' 28" East 1347.78 feet and
Skyline Boulevard."
8. DEED OF TRUST to secure an indebtedness in the original amount of$400,000.00 and
any other amounts and/or obligations secured thereby,
Trustor: Jeffry J. Grainger and Maren R. Monsen, husband and wife
Trustee: Fidelity National Title Insurance Company
Beneficiary: First Republic Savings Bank
Dated: January 14, 1997
Recorded: January 31, 1997
Document No.: 97011522 of Official Records of San Mateo County, California_.
Beneficiary's Address - 101 Pine Street, San Francisco, CA 94111-5312
Loan No. - 12-0209692
9. ADJUSTABLE INTEREST RATE/REVOLVING LINE OF CREDIT DEED OF
TRUST to secure an indebtedness in the original amount of$260,000.00 and any other amounts
and/or obligations secured thereby,
Trustor: Jeff J. Grainger and Maren R. Monsen husband
Jeffry g and wife
Trustee: Fidelity National Title Insurance Company
Beneficiary: First Republic,Savings Bank
Dated: January 14, 1997
Recorded: January 31, 1997
Document No.: 97011523 of Official Records of San Mateo County, California.
Beneficiary's Address - 101 Pine Street, San Francisco, CA 94111-5312
Loan No. - 60-0215715
Page 4
EXHIBIT 16
Page.;� O 13..-
SUPPLEMENTAL R )RT Order No. 420923
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.
B. The City of San Mateo imposes a property transfer tax of 1h of I% of total consideration.
C. Order Date: August 26, 1996
Short term rate date: January 31, 1997
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: Nathaniel D. Sherrill and Jan W. Sherrill, husband and wife
To: Jeffry J. Grainger and Maren R. M_ onsen, husband and wife, as Community Property
Dated: January 17, 1997
Recorded: January 31, 1997
Document No.: 97011521 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 entitled "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 e th seller may
be subject
iv'to civil or crim
inalpenalhes for
failing to furnish a correct Taxpayer Identification Number.
Page 5
EXHIBIT
-6
paged# f
SUPPLEMENTAL R )RT Order No. 420923
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 L1ARI1XrY 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 Com pany 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 alloivs 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 may be disbursed the next day after
deposit. In order to avoid unnecessary delays of dim to seven days, or more, please use wire transfer, cashier's
checks, or certified checks whenever possible.
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.
O.N.
MN/bl/p
Page 6 EXHIBIT
page i of
Order No. 420923
a
5 `
t4 9
k, ,f
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 attorne 's accountant's or other tax s ecialist's opinion
Y p. . P
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. 4WI (3/92)
EXHIBIT_
Page 1 f1 of-L-L
i nl�u,,,i,1u y
depicted hereon. You shou!d not i e!y upon it for
any purpeso other then cricitaticn to the general
location of tha parcel cr porcc!s dapicted. First
American expressly disclaims any liability for
alleged loss or damage which may result from
reliance upon this map.
i
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O.M. AJJiSSORIS uw cOUNrY of S4N NI/t0,c.aujr - LA HOAOA-PES'CADERO 4I PIED SCHOOL DISTRICT
,MERICAN LAND TITLE ASSOCIATION LOAN POL 1970
s WITH A.L.T.A. ENDORSEMENT FORM 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 the land,or the effect of any violation of any
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.
T 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 dot 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 b the cordinsured 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(it)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).
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'oing business'laws of Me state
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 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 tasting 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 malting inquiry of person 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 mould 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:
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 efjoynn inn
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 and 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 of governmental regulation,except to the extent that a notice of the enlacement 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) Arry governmental police power riot 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 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 iosumd
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 qte extent li surarwx
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 world 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 lard 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 cortsu mer credit protection
or truth in lending law.
6. Any statutory lien for services,tabor or materials(or the claim of priority of any statutory lien for services,tabor a 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 riot financed in whole or in pat by proceeds of the indebtedness secured by the insured,mprtgage which at Date of Policy dt
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 at the operation of federal bankruptcy,state Insolvency,a similar credllore rights lm 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: ����//u'�'�
I
GA
a to timely record the instrument 1{) y e strume i o transfer,or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
3
�
Page off_____
7. AMERICAN LAND TITLE ASSOCIATION LOAN 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 6 above are used and the following aceptions to coverage
appear in the policy.
SCHEDULE 8
w
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'lees 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 showgby 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.
8. 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(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 arty 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 of
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 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;or
(e) resulting in loss or damage which would not have been sustained it 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 of 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 loth in paragraph.8 above are used and the following exceptions 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:
Pent One:
1. Taxes or assessments which are not shown as existing liens by the records of arty 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 shorn 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 of title to water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter tumished,imposed by law and not shown by the public records.
10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY•198f
'EXCLUSIONS
In addition to the Exceptions in Schedule B.you are not insured against loss,costs,attomeys'lees 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:
• 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 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 toss to you EAIAMIT
• that first affectt your title otter the Policy Date-this does not limit the labor and material lien coverage in Item 8 0l Covered Title Risks
4. Failure to pay value for your title.5. Fags_�3
Lack of a right
• to any land outside the area specifically described and referred to in Item 3 of Schedule A,of
• in streets,alleys,or waterways that touch your land tKamPfo 1061Fi(Re+e10/17(42)
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Exhibit Aroprdiminy&po„
Exhibit
RESIDENTIAL RENTAL AGREEMENT
THIS AGREEMENT is made and entered into this — day of September, 1998, by and
between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district
(hereinafter called "District"), and JEFFRY J. GRAINGER and MAREN MONSEN
(hereinafter together called "Tenant").
RECITALS
A. District is the owner of that certain real property consisting of land and
improvements thereon, including a single family residence of approximately 1,923 s.f., and
any buildings on or accessory thereto, located at 1185 Skyline Boulevard, Palo Alto, CA
94304, County of Santa Clara, State of California, as more particularly outlined in red on
Exhibit "A" attached hereto and incorporated herein by this reference (the "premises"),
together with the appliances and other personal property currently on the premises which are
listed in Exhibit "B" attached hereto (the "personal,property").
B. District desires to lease the premises to Tenant, and Tenant wishes to hire the
premises from District, upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the parties agree as follows:
1. Lease of Premises. District hereby leases the premises to Lessee, and Lessee
hereby hires the premises rent free from District, and upon the other covenants and conditions
set forth herein.
2. Term.
(a) The term of this Agreement will commence on the date of the Close of
Escrow on the purchase of the Subject Property by District so described in the Purchase
Agreement executed between District and Tenant and approved by District on
1998, and terminate no later than one year thereafter. During the term of this Lease, Tenant
shall not sublet the Premises or any portion thereof, abandon, vacate or leave the Premises
vacant without prior notice of termination to District; or upon termination by District pursuant
to the provisions of this Agreement hereinafter set forth.
(b) Upon expiration of the term as specified in Section 2(a) above, the
Lessee shall have a right of first refusal to rent the premises on a month-to-month basis at
market rent as determined by the District.
Page 1
3. Security Deposit. Tenant has deposited with District the sum of Two Thousand
Five Hundred and No/100 Dollars($2,500.00) (the "Deposit") as security for the full
performance and observance by Tenant of each and all of the provisions of this Agreement to
be performed and observed by Tenant. District shall be entitled to use the Deposit or any
portion thereof to remedy any default by Tenant, to clean the premises upon termination of this
Agreement, and to repair any damage to the premises resulting from Tenant's occupancy of
the premises. District shall return to Tenant within two weeks after the latter of termination of
this Agreement or Tenant's vacation of the remises the entire amount of the Deposit, without
g premises, Po
interest thereon, less only such sums as District is entitled to apply against unpaid rent,
cleaning the premises, and/or repairing any damage thereto. District shall not be required to
keep the Deposit separate from its general funds.
4. Possessory Interest Tax. Tenant acknowledges that Tenant's interest in the
remises under this Agreement may now or hereafter be subject to a possessory interest tax
P g Y J Po rY
imposed by the County in which the premises are situated or by other lawful governmental
authority. Tenant shall pay any such possessory tax prior to delinquency thereof.
5. Use. Tenant understands that it is Districts intention to reserve the open s P ace
P
character of the land upon which the premises are located, and Tenant agrees to use the
premises in a manner which is consistent with such intent. Subject to the foregoing, the
premises may be used as a personal residence for the following named individuals only: Jeffry
J. Grainger and Maren Monsen, and for no other purpose without District's prior consent.
Occupancy by guests staying more than fourteen (14) days withour the prior written consent of
District shall be considered a breach of the provisions regarding assignment and subletting set
forth in Paragraph 13 below. Tenant shall be entitled to keep as pets and not for commercial
purposes the following animals: . Tenant shall not do
or permit anything to be done in or about the premises nor bring nor keep anything therein
which will in any way cause a cancellation of any insurance policy covering the premises or
any part hereof, or any of its contents. Tenant shall not commit or allow to be committed any
nuisance or waste in or upon the premises, and shall not permit trash or garbage of any kind to
accumulate on or about the premises. Tenant specifically agrees not to cause or permit any
cutting of live trees, grading of soil, or hunting of animals in the immediate vicinity of the
premises. Tenant shall not use the premises or permit anything to be done in or about the
premises which will in any way conflict with any law, statute, ordinance, code, rule, or
regulation of lawful governmental authority, including but not limited to District's
"Regulations for Use of b4idpeninsula Regional Open Space District Lands," and any
amendments thereto, which may now be in force or which may hereafter be promulgated, and
Tenant shall at all times during the term of this Agreement comply with each of the same.
Said regulations are attached hereto as Exhibit "C".
6. Utilities. Tenant shall pay directly to the charging authority on or before the
date when due all charges for any and all services and utilities supplied to the premises.
Tenant is responsible for telephone and any other services.
Page 2
Date: Tenant:
Jeffry J. Grainger
Date: Tenant:
Maren Monsen
7. Maintenance and Repair.
(a) Tenant accepts the Premises in "as is" condition. Tenant shall, at
Tenant's expense, maintain the Premises and every part thereof in good, safe, and sanitary
condition, order, and repair.
(b) Tenant, at its own expense and in a timely manner, shall keep and
perform all routine maintenance and repair in a manner consistent with Seller's practice since
acquiring title to the Premises on all buildings, roads, wells, springs, tanks, drains, gates,
culverts, fixtures, and any other things on or about the Premises and without any alterations or
additions except such as shall be first approved in writing by District. Routine maintenance
does not include major repairs to roofs, walls, foundations, structural portions of buildings, the
well, the septic tank, electrical, heating, or plumbing systems and equipment, or exterior
paving. Tenant hereby waives all rights to make repairs at District's expense under the
provisions of Section 1942 of the Civil Code of the State of California. In the event Tenant
fails to perform such routine maintenance in a timely manner, Tenhnt will be subject to fines
assessed by District. The amount of the fine will be limited to the cost that District has
expended to correct Tenant's deficiency or negligence.
(c) Subject to the provisions below, Tenant shall, at Tenant's expense,
maintain the premises and every part thereof, and the personal property,,and the lawn, shrubs,
and other landscaping surrounding the premises, in good, safe, and sanitary condition, order,
and repair. Tenant shall at all times during the term of this Agreement maintain as a fire break
an area at least thirty (30) feet in width, surrounding the perimeter of the structures comprising
the premises which shall be free of all low-lying brush, dry weeds, and similar flammable
materials. Tenant shall maintain said thirty (30) foot fire break in compliance with such
reasonable standards and instructions as District shall notify Tenant of in writing from time to
time. District shall have no duty whatsoever to maintain or repair all or any portion of the
premises, or the personal property, or any personal belongings or leasehold improvements of
Tenant.
8. Insurance. Tenant, at Tenant's sole expense, shall obtain and keep in force
during the term of this Agreement a general liability insurance policy with an insurance
company satisfactory to District, protecting District and Tenant against any and all liability
arising from Tenant's use of the premises, or from any occurrence, in, on, about, or related to
the premises, with a single combined property damage and personal injury limit of$500,000.
Page 3
1!►
All such public liability insurance shall insure performance by Tenant of the indemnification
obligations of Tenant set forth in Paragraph 15 hereof, and the policy shall contain a cross-
liability endorsement. Tenant agrees to furnish a certificate of such insurance to District
naming District as an additional insured on or prior to the date of commencement of the lease
term, and again upon any renewal or modification of such insurance. No such policy of
insurance shall be cancelable or subject to reduction of coverage or other modification except
after thirty (30) days prior written notice to District. The limits of said insurance shall in no
event be deemed to limit the liability of Tenant hereunder.
9. Alterations. Tenant shall not make or suffer to be made any alterations,
additions or improvements to or of the premises or any part thereof, without the prior written
consent of District. All such alterations, additions, and improvements shall become and
remain the property of District immediately upon installation or construction thereof on the
premises unless Tenant and District shall otherwise agree in writing. Tenant may, however, at
his own expense paint and otherwise enhance the condition of the premises.
10. Liens. Tenant shall keep the premises free from any liens arising out of any
work performed, materials furnished or obligations incurred by Tenant.
11. Waiver of Claims. District shall not be liable to Tenant, and Tenant hereby
waives any claims against District for any damage to property or injury or death to any person
in, on, or about the premises by or from any cause whatsoever.
12. Indemnification. Tenant hereby holds District harmless from and shall defend
District from and against any and all claims of liability for damage to property or injury or
death to any person when such damage, injury or death shall be caused in part or in whole by
the use of the premises by Tenant or Tenant's invitees or contractors, or from the failure of
Tenant to keep the premises in good condition and repair, or from the breach by Tenant of any
other provision of this Agreement.
13. Assignment and Subletting. Tenant shall not assign this Agreement or sublet
the premises or any interest therein without the prior written consent of District, which consent
may be withheld for ariy reason.
14. Damage or Destruction. In the event the premises shall be damaged or
destroyed in part or whole, then District shall be entitled to elect, by written notice to Tenant,
as soon as reasonably possible after Tenant notifies District of said damage, either (i) to repair
the same and restore the premises to substantially the same condition as existed immediately
prior to such damage, or (ii) to terminate this Agreement, after which neither party shall have
any further liability or obligation to the other hereunder, except for liabilities or obligations
which accrued prior to such election to terminate. In the event District shall elect to repair or
restore the premises pursuant to this Paragraph 14, Tenant shall not be entitled to any damages
or other compensation from District from any loss of quiet enjoyment or for any other reason
Page 4
arising from District's repair or restoration activities. District shall in no event be required to
repair or replace any personal property installed or maintained by Tenant in or about the
premises, including the personal property listed on Exhibit "B", and Tenant hereby releases
District from any responsibility for Tenant's personal property, furnishings or household
goods.
15. Entry by.District. District shall, at any and all reasonable times and on
reasonable notice, have the right to enter the premises to inspect the same, to post notices of
non-responsibility, to repair the premises, and to exhibit the premises to prospective tenants.
Tenant hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of
the premises occasioned thereby.
16. Default by Tenant
(a) The occurrence of any of the following shall constitute a material default
and breach of this Agreement by Tenant:
(i) The abandonment of the premises by Tenant; or
(ii) A failure by Tenant to observe and perform any provision of this
Agreement to be observed or performed by Tenant.
(b) In the event of any such default by Tenant, then in addition to any other
remedies available hereunder to District or at law or in equity, this Agreement and all rights of
Tenant hereunder shall be terminated upon delivery by District of notice of such termination to
Tenant. Upon such termination, District may recover from Tenant all amounts necessary to
compensate District for all the detriment proximately caused by Tenant's failure to perform
Tenant's obligations under this Agreement or which in the ordinary course of things would be
likely to result therefrom.
(c) In addition to the remedies provided above, in the event Tenant shall fail
to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay
any sum required to be paid by Tenant under this Agreement, District may, but shall not be
obligated to do so, perform or pay the same or cause the same to be performed or paid, and
Tenant shall promptly upon demand by District therefore, reimburse to District all costs
reasonably incurred by District in connection therewith, together with interest on such sums at
the rate of ten percent (10%) per annum from the date incurred by District until repaid in full
by Tenant.
17. Surrender; Waiver of Relocation Rights. Upon expiration or sooner termination
of the term of this Agreement, Tenant shall vacate the premises and remove all persons and
personal property therefrom, and shall surrender possession of the premises to District with the
condition of the premises as it existed at the commencement of the term of this Agreement,
Page 5
46
subject only to reasonable wear and tear and damage due to causes beyond the reasonable
control of Tenant. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family,
the members of which may occupy the premises from time to time, hereby specifically waives
any rights to, and releases District from any and all claims for, relocation benefits and/or
relocation payments to which Tenant and those claiming through Tenant might otherwise be
entitled pursuant to California Government Code Section 7260 et seq., and any similar or
successor federal or state statutes. Tenant shall hold District harmless from and indemnify
District against any and all liability, cost, and expense suffered or incurred by District and
arising in connection with any such right or claim. By his signature below, Tenant specifically
recognizes and accepts the terms of Paragraph 17 of this Residential Rental Agreement.
Date: Tenant:
Jeffry J. Grainger
Date: Tenant:
Maren Monsen
18. Notices. All notices, demands, requests, or consents (collectively "notices")
given hereunder by either party to the other, shall be made in writing and shall be delivered
personally or by first class mail, postage prepaid, and addressed to the parties as follows:
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
(415) 691-1200
(415) 691-0485 FAX
Tenant: Jeffry Grainger &Maren Monsen
1185 Skyline Boulevard
Palo Alto, CA 94304
(650) 948-4028
Notice given by mail in accordance with the requirements set forth above shall be deemed to
have been delivered five (5) days after the posted date of mailing.
19. Waiver. Waiver by District of any breach of any term, covenant, or condition
herein contained shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition herein contained. District's acceptance of a partial
payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a
waiver of District's right to recover the full amount thereof.
Page 6
20. Attorneys' Fees. If an action shall be instituted to enforce this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees as fixed by the Court
having jurisdiction.
21. General.
(a) This Agreement contains all of the terms, covenants, and conditions
agreed to by District and Tenant and supersedes any and all agreements previously made
between Tenant and District with respect to the premises. This Agreement may not be
modified orally or in any manner other than by a written instrument signed by both of the
parties to this Agreement or their respective successors in interest.
(b) If any term, covenant, condition, or provision of this Agreement is held
by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
(c) The covenants and conditions hereof, subject to the provisions as to
subletting and assignment, shall inure to the benefit of and bind the heirs, personal
representatives, successors and assigns of the parties hereto.
(d) The paragraph headings of this Agreement are for convenience only and
are not a part of this Agreement and do not in any way limit or amplify the terms and
provisions of this Agreement.
(e) All persons who have signed this Agreement as Tenant shall be jointly
and severally liable hereunder.
(f) This Agreement shall be governed and construed in accordance with the
laws of the State of California.
(g) Time is of the essence as to each and all of the provisions of this
Agreement with respect to which time of performance is a factor.
Page 7
IN WITNESS W EREOF, District and Tenant have executed this Agreement the day
and year first above written.
"DISTRICT" "TENANT"
MIDPENINSIJLA REGIONAL OPEN
SPACE DISTRICT, a Public By:
District Jeffry J. Grainger
By: Date:
L. Craig Britton
General Manager
By:
Date: Maren R. Monsen
Da
te:
Page 8
E): IT W
[Attach Outline of Premises]
EXHIBIT "B"
List of Personal Property Owned by District
EXHIBIT C
e
REGULATIONS FOR USE OF
ter; INIIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
(Adopted by Ordinance No. 93-1, July 28, 1993)
CHAPTER I.
DEFINITIONS
SECTION 100. TLE. The following regulations shall be known as "Regulations for Use of
Midpeninsula Regional Open Space District Lands" and may,be referred to as "land
use regulations."
SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for
District Lands, to establish orderly use, and to maintain a natural and quiet
environment for persons on the lands. They are established according to the Basic
Policy of the Board.of Directors of Midpeninsula Regional Open Space District,
adopted March 27, 1974, that "The District will follow a land management policy
that provides proper care of open space land, allowing public access appropriate to
the nature of the land and consistent with ecological values."
SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions
shall govern the construction and interpretation of these regulations.
SECTION 103. DISTRICT DISTRICT LANDS DEFINED. "District" means the Midpeninsula
Regional Ope an
n Space District. The term "District Lands" includes all lands,
structures, improvements, and waters owned, controlled, or managed by
Midpeninsula Regional Open Space District.
SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club,
municipality, district, or public agency, and all associations or combinations of
persons whenever acting for themselves or by any agent, servant, or employee.
SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein,
"permit" or "permission" means permission, granted in writing by the general
manager or an authorized representative of Midpeninsula Regional Open Space
District.
SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula
Regional Open Space District.
SECTION 107. HEADINGS AND D VI ION . Headings and divisions are for convenience onl Y3
b ?
and shall not be considered in the interpretation of this Ordinance, and shall not in
any way affect the conduct or activities covered by other sections of this Ordinance.
CHAPTER II.
REGULATIONS
SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all
persons, except as may be provided by resolution, regulation, or rule of the Board c
by individual site use and management plans adopted by the Board.
200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits
and the issuance thereof. It may by such system require permits for the use of certa
lands, exempt certain lands or classifications of permits therefrom, and establish a
system of fees and other policies in connection with the administration of a permit
system.
200.2 Any person entering upon District Lands shall abide by the rules and regulations of
the District, the regulations or provisions of any sign or posted notice, the condition
of any permit, the lawful order or other instruction of any District ranger or police
officer appointed by the Board, the laws of the State of California, and all applicable
county and other local ordinances.
200.3 The provisions of this Ordinance shall not apply to employees and officials of the
District acting within the scope of their authorized duties. However, District
employees and officials shall abide by the laws of the State of California and all
applicable county, and other local ordinances. .
200.4 All District lessees, contractors, and consultants shall abide by all provisions of this
Ordinance unless the provision(s) conflicts with a written contract or agreement with
the District. When a conflict occurs the conditions of the written contract or
agreement shall take precedence. However, lessees, contractors, and consultants shal
abide by the laws'of the State of California and all applicable county, and other local
ordinances.
SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the
application of general regulations unless expressly indicated.
CHAPTER M.
GENERAL RULES.
SECTION 300. AUTTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541,
5558, and 5559 of the Public Resources Code of the State of California, and apply to
all District Lands. A title, where used, does not limit the language of a section.
.}
2
1
'ION 301. VIOLA i tW(Z O�I2DINANCE A MISDEMEANOR OR ran •
• r h
violation of this Ordinance or of any rule or regulation adopted by the
the discretion of the prosecutor or the court, a misdemeanor or infractio.
Resources Code, Section 5560).
SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagrap
sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity 4
constitutionality of the remaining portions of this Ordinance. The Board of Director.
declares that this Ordinance, and each chapter, section, subsection, paragraph,
sentence, and clause thereof, would have been adopted regardless of -uch possible
finding of invalidity or unconstitutionality and, to that end, the provisions of this
Ordinance are hereby declared to be severable.
SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or
repealed, acts and commissions occurring before the amendment or repeal may be
prosecuted as though such section, rule, or regulation had not been amended or
repealed.
SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after
adoption, in a newspaper of general circulation printed, published, and circulated in
the District and shall be effective from and after September 1, 1993.
CHAPTER IV.
PRESERVE USES - GENERAL
SECTION 400. CAMPING.
400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding,
or prepare food in such a way that will enable a person to remain after closing hours,
except by written permit in designated areas.
400.2 uvenile. No juvenile shall camp on any District Lands, except when:
a) accompanied by a parent or guardian;
b) part of a group supervised by at least one adult responsible for each ten or fewer
juveniles;
c) the juvenile is an emancipated minor.
400.3 Definition. A juvenile is defined as any person under the age of 18 years.
3
SECTION 401. SWIN1,1314TNG.
401.1 General. No person shall swim, wade, or engage in any water-contact activity in any
engage Y\
water areas of the District except in designated areas.
401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a
person comes into physical contact with water areas, including, but not limited to
swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It
does not include boating or fishing.
401.3 Definition. "Water areas of the District" is defined as all water areas on District
Lands, including, but not limited to, natural and artificial swimming pools, reservoirs,
ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels.
SECTION 402. BOATING.
402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or
other vessel of any description in the water of reservoirs, lakes, streams, or other
water areas owned, managed, or controlled by the District, except as expressly.
allowed by permit or rule or regulation of the District.
SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES.
403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or
cause to be fired or discharged, across, in, on, or-into any portion of District Lands
any weapon, gun or firearm, spear, missile, bow and arrow,- cross bow, sling shot,
trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife
or axe, martial arts throwing device, or any other weapon or device capable of
injuring or killing any person or animal, or damaging property or natural resource.
403.2 Exceptions. This section shall not apply to:
a) the possession of unloaded firearms or dangerous weapons on public roads solel}
for the purpose of transporting such firearms or dangerous weapons through
District Lands for lawful purposes;
b) the possession of firearms or other dangerous weapons"at a place of residence of
business located on District Lands by a person in_lawful possession of the
residence or business;
c) the possession and use granted by permit for resource management or
educational purposes.
SECTION 404. FIR'ES.
404.1 General. No person.shall light, build, maintain, or attempt to light, build, or
maintain, a fire of any nature on District Lands, except in permanent fixed barbecues,
camp stoves or fireplaces established by the District. A fire shall include, but not be
4
limited to, any campfire, ground fire, warming fire, signal fire, charcoal fire, sr
�► stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendi.
device. This shall not apply to the permitted use of gas camp stoves or gas lantei.
when used in designated camping areas.
404.2 Smoking. No person shall smoke on District Lands, except in designated areas.
SECTION 405. SANITATION.
405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from
sinks, portable toilets, or other fixtures upon or into the ground or water.
405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any
restroom or other structure except into fixtures provided for that purpose.
405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal,
wood, paper, stone, or other substances in any fixture in such a manner as would
interfere with the normal operation of such fixture.
405.4 Public View. No person shall defecate or urinate in public view.
SECTION 406. METAL DETECTORS.
406.1 General. No person shall use a metal detector or similar device on District Lands,
except as provided in subsection 702.5.
SECTION 407. DISTURBING THE PEACE '
.407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any
unlawful signing, fencing or enclosing, or any other unlawful means, prevent or
obstruct any person from peacefully entering any property:of the District, or
preventing or obstructing free passage or transit over or through any lands of the
District.
407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of
the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with
others in the normal, safe use of District Lands or facilities. .,
i
407.3 Noise. No person shall play or operate any sound or energy amplification devices,
including radios, television sets, public address systems, musical instruments, or
similar devices in such a way as to be audible beyond 100 feet of such device or
musical instrument or in such a manner as to disturb the quiet.of District Lands and ,
q `
faciliti6s, without prior written permission.
407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with
any request, direction, or order given by any ranger or other employee charged with
the control, management, or protection of District property or resources when such
request, direction or order is given in the lawful performance of his or her duties.
5
SECTION 408. ASSEti1BLY. No person or group shall conduct a meeting, rally, or simi.
District Lands without first obtaining a permit for the use of the specific are,
facilities involved. No such permit shall be granted if it is found that the time,
and/or size of the meeting, rally, or similar event will disrupt or unreasonably
interfere with the normal use, operation, or management of the site or facility, or K
an adverse impact on the ecological or historical characteristics of any District Lands.
408.1 Permits. No person shall hold conduct ora
anize� or take art 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; or
b) requests or requires a fee be paid for participation; or
c) may be attended by 20 or more people.
SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES.
409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be
discharged, on or into any portion of District Lands any firecrackers, missiles,
rockets, fireworks, or explosives.
409.2 Harmful Substances. No person shall possess, place, or apply any substance on
District Lands harmful to any person, property, wildlife, or vegetation.
409.3 Golf. No person shall drive, chip, or in any other.manner play or practice golf, or hit
golf balls on, over, or into District Lands. ,
409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or
other model craft of any kind or description on, over, or into any portion of District
Lands, except by written permit in designated areas.
409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any
human flight on, over, or into District Lands, except by written permit in designated
areas.
409.E Skating. No person shall rollerskate, in-line skate, grass skate, or operate a self-
propelled or motorized skate board or other similar device-on District Lands.
409.7 Reckless or Neeligent Activity. No person shall engage in any recreational pursuit or
activity, or operate any device that recklessly or negligently endangers the safety of
any person, or property, or interferes with visitor activities.
SECTION 410. ALCOHOLIC BEVERAGES.
410.l General. No person shall possess or consume alcoholic beverages except beer and
wine, and only as part of a picnic meal.
6
410.2 --r01- - Area. No person shall possess or consume alcoholic beve rages o
that has been declared by the general manager or an authorized representative o area
prohibited area. be a
SECTION 411. SI iv'S.
411.1 Defacement. No person shall remove, deface, change, mark, or otherwise aft
sign duly erected or posted on District Lands. er any
411.2 Unauthorized ions. No person shall post or fasten any notice, includingbut
limited to, any bill, advertisement d' not
directional or informational sign,
whatsoever on any tree, fence, building, monument, or other p operty on District
Lands, without written permission.
CHAPTER V.
PRESERVE USES - RIDI?NG/HLK 4G TRAILS
SECTION 500. RIDING/HIKING TRAILS.
500.1 Trail e SDeed ;t,,;t. The maximum speed for all trail uses is 15.miles per unless otherwise posted; however, speeds shall be reduced as conditions warrantur,
Bicyclists and equestrians are required to slow to`5 miles per hour when passing others
or approaching blind turns. In no case shall a person operate a bicycle, or ride a
horse or other such animal at a speed greater than is reasonable, prudent, or safe.
500.2 One-way Trails. No person shall operate a bicycle or similar*device, or ride
saddle horse, pony, mule, or other such animal on a one-way trail in�a direction oaf d a
travel designated or signed to prohibit such use.
500.3 ate . Any person opening a gate shall close the-gate.
SECTION 501. SADDLE ANIMgLS,
501.1 Closed Areac. No person shall ride, drive, or lead a saddle or pack horse, on
mule, or other animal in any area designated or signed to restrict such use. Saddle or
pack horses, ponies, mules, or any other animals must stay on designated trails,
roadways, and,cultivated firebreaks.
501.2 n afe Vie. No person shall ride, drive, or lead any saddle or pack animal in a
reckless or negligent manner so as to endanger public property, or the life, limb, or
Property of any person or animal. No person shall allow his or her saddle or pack
animal to stand unattended or insecurely tied.
7
a
r
501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar
attached to a horse, mule, donkey, or other animal on District Lands without ,
permit.
SECTION 502. BICYCLES.
502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on
desi
gnated or signed to restrict such activity. Bicycles must
in areas Y' t Lands Y
District
stay on designated trails and roadways.
502.2 Unsafe Qperation. No person shall operate a bicycle in a reckless or negligent manner
g publicproperty, or the life limb, or property of any person or
t endangerP P
so as o
a P
animal.
502.3 Helmets. No person shall operate a bicycle or similar device on District Lands
without wearing an A.N.S.I. or Snell-approved helmet for head protection, with the
PP
a
trails op
en to bicycles east of Deer Hollow Farm at Rancho San
' n of the trai
exceptto p Y
Antonio Open Space Preserve.
r
t
bicycle on a section
of trail designated or
-No person shall ride a bit g
502,4 Walk-Only Zone's. p Y
through acle
signed as a walk-only zone. Any person may dismount and walk a bicycle a
walk-only zone.
g e unlawful b
' g are declare
d to b
among others Y
win acts a o
The following ,
3. TRESPASS. T a
SECTION 50 ES SS a
Section 602 of the Penal Code of California.
503.1 Destruction of Private Property. No person shall willfully open, tear down, or
otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or
fence of another and willfully leave it open without the written permission of the
down, mutilate or destroy an sign signboard, or other
do a
maliciously tear Y a
owner, or � Y
Y
notice forbidding shooting on private property.
503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or
a fence for the purpose of injuring an property or property rights, or
enclosed b p rp b Y P
Y
with the intention of interfering with, obstructing, or injuring any lawful business or
occupation carried on by the owner of such land, his or her agent or by the person in
lawful possession.
503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed
by a fence, belonging to, or occupied by another, or enter any lands where signs
n trespass are
displayed
at intervals not less than three to the mile along all
forbidding .
P
w ten
' g without the nt
exterior boundaries and at all roads and trails entenna such lands,
permission of the owner of such land, his or her agent, or of the-person in lawful
possession, and no person shall:
a) refuse or fail to leave land, real property, or structures belonging to or lawfully
occupied by another and not open to the general public, upon being requested to
leave by the owner, his or her agent, or the person in lawful possession thereof;
8
I
b) tee awn, mutilate, or destroy any sign, signboard, or notice forbidd
trespass or hunting on such lands; or mg
•
c) remove, injure, unlock, or tamper with any lock or any gate on or 1
such lands; or ending into
d) discharge any firearm.
I
i
CHAPTER VI.
PRESERVE USES - CO1NEgERCIAL/REVE2jUE
I
SECTION 600. SOLICt'T'rrrr,
600.1 eneral. No person shall solicit, sell, hawk, or attempt
otherwise peddle any goods, wares, merchandise, liquids, edibles,for lhumanawk, or
consumption, or distribute commercial circulars, pamphlets, or flyers on District
Lands except by written permission.
SECTION 601. RAZING.
601.1 General. No person shall allow cattle, sheep, goats, or any animal
or feed on District Lands except with written permission. to graze, browse,
SECTION 602. HARVF TIN 7 AND PLANTINCT.
602.1 eneral. No person shall plant, cultivate, harvest, or_attem t to plant harvest any plant or agricultural crop on District Lands except with wri ten vate, or
permission.
SECTION 603. ILMING.
603.1 eneral. No person shall operate a still, motion picture, video, or other came
for
commercial purposes on District Lands.except pursuant to a permit authorizing s ch
activity. This section shall not apply to the commercial operation of cameras as art
of the bona fide reporting of news. p
9
CHAPTER VII.
PRESERVE FEATURES - PROTECTION
SECTION 700. HUNTING AND FISHING.
700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net,
poison, or harm any animal, living or dead, or remove, destroy, or in any manner
disturb the natural habitat of any animal, except by permit.
injure, poison, or harm
' g lest disturb i an fish
n shall take net molest, ,
n No person P 700.2 Fishing. p J Y
in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams
located in an District reserve except in areas declared by the District to be
Y P P
permitted fishing areas, where state laws regulate the taking of game fish.
SECTION 701. ANIMALS.
701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas
designated by the District. This subsection shall not apply to:
a) guide and service dogs under physical control, specifically licensed to assist the
b blind, deaf, or disabled;
b) use authorized by written permit.
701.2 No person shall allow or have a dog within a designated area, unless the dog is at all
times under control on a leash not to exceed 6 feet.
701.3 Nuisance Does. No person shall allow or have on District Lands a dog that is
threatening or a nuisance to people, other animals, or property. This includes, but is
not limited to growling, barking, baring of teeth, or challenging in any manner,
people, animals, or property.
701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated
animal, even if leashed,'to disturb, chase, molest, injure, o.r take any kind of native
wildlife, whether living or dead, or remove, destroy, or in any manner disturb the
natural habitat of any animal on District Lands.
701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other
livestock on District Lands, unless pursuant to a lease, license, or other entitlement o
use granted by the District.
701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other
living creature on District Lands,,unless specifically permitted by another section of
these regulations.
lox 10
+ 4
701 7 Re_ Animal Excrement. No person r�—,ponsible for an animal shall .
excrement or feces to remain in an area if it
or is in an area posted requiring its Public poses a health hazard, a �nuicf
lOu' its
removal.
701.8 Abandoned Animals. No person shall abandon or release a dog, cat fish
any other living creature, wild or domestic, on District Lands without written
or
r
permission. tten
SECTION 702. NATURAL AND CULTURAL R OURCES
702.I Plants. No person shall damage, injure, take, place, plant, collect, or remove
plant, tree, or portion thereof,.whether living or dead, including any
flowers, mushrooms, bushes, vines grass, b, but not limited to
s cone a , S and deadwood
d
L ood Lands. lo
cated ocated on District
702.2 Possession of Gathered Wood prohibited. No person shall trans
or unmilled wood on District Lands without satisfactory evidence of lawfuport or Possess a tree
acquisition, such as a sales receipt or written authorization from the owner of the land
from which the tree or wood was acquired.
702.3 Geological Features. No person shall damage, injure, take, collect, remove or
attempt to damage, injure, take, collect, or remove earth, rocks, sand a
minerals, features of caves, or an , gravel, fossils,
located on District Lands. Y article or artifact.of geological interest or value
702.4 A1che21noi99 FeaturPc, No person shall damage, injure, take, collect, remove or
attempt to damage, injure, take, collect, or remove any object of paleontological,
archeological, or historical interest located on District Lands.
702.5 Special Permission. Special permission (Section 105) may be granted to remove
treat, disturb, or otherwise affect plants, animals, or geological, historical,
archeological, or paleontological materials for research, interpretive, educational or
operational purposes.
SECTION 703. �ANDALI M AND NLAWF EN R A HMENT
703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark natural feature, or any fence, wall, building P � or alter any
Lands monument, or other property on District
703.2 Unlawful Construction. No person shall erect, construct install} or
place any
structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatusof any type or for any purpose on, below, over, or across a preserve except b
. written permission specifying P Y
d in detail the work to be done and the conditions to be
fulfilled pursuant to the terms of such authorization.
703.3Inlawful Maintenance, No person shall perform, or cause an mowinotrimming
grooming, Y ei
cuttin0 o or spraying of District Lands or perform an such rou
maintenance P nds
n to Y Hance for g
r any purpose except by written permission.
11
CHAPTER VIII.
DISTRICT LATN`DS OPERATIONS - GENERAL
SECTION 800. LITTERING.
800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or
cause to be dumped any material or waste matter in or upon any District Lands. It
shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or
dumped, any rocks, dirt, or fill material in or upon any District Lands without a
permit authorizing such activity.
800.2 Definition. Littering is defined as the willful or negligent throwing, dropping,
placing; or depositing of any waste matter on District Lands in other than appropriate
storage containers or areas designated for such purposes.
800.3 Definition. Waste matter is defined as discarded, used, or leftover substances
including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any
flaming or glowing material, or any garbage, trash, refuse, paper, container,
packaging or construction material, carcass of a dead animal, any nauseous or
offensive matter of any kind, or any object likely to injure any person, damage
property, or create a hazard. '
SECTION 801. PARKING.
801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency
vehicle, or when in compliance with the directions-of a peace officer, ranger, or
District employee, in any of the following places:
a) In areas where prohibited by "NO PARKING" signs
b) On any fire trail
c} On any equestrian or hiking trail
d) In such a place or manner as would block or obstruct any gate, entrance, or exit
e) In such a place or manner as to take up more than one marked parking space in
any authorized parking area
f) In such a place or manner as to block or obstruct the free flow of traffic
g) Within 15 feet of a fire hydrant
h) Adjacent to any curb painted red
i) On any District Lands after sundown except pursuant to a written permit
j) In areas signed for permit parking on District Lands without a written permit
k) In any other place on District Lands not designated by the District,as an
authorized area
12
SECTION 802. OPER ON OF MOTOF VEHICLE$ -ROAD VEHICLES.
802.1 General. No person shall operate, propel, or leave standing a motor vehicle on
District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-roar
vehicles, "dirt bikes," and similar vehicles.
802.2 Exceptions,. This section shall not apply to:
a) emergency vehicles operated within the scope of official use;
b) roads, trails, or paths, which may from time to time be set aside and posted by
the District for the use of specifically designated vehicles;
c) roads and parking areas open to the public during regular open hours.
SECTION 803. SPEED LIMITS.
803.1 eneea . No person shall drive or operate a vehicle on District Lands at a speed
greater than the posted speed limit or than is reasonable or prudent, having due
regard for traffic and road conditions. In no event shall a vehicle be driven at a
speed which endangers the safety of persons, property, or wildlife.
SECTION 804. ABANDONED VEHICLES.
804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the
District for 72 consecutive hours or more except in camping areas pursuant to a vaI
permit.
804.2 Removal. Any vehicle parked or left standing in violation of this Section may be
removed as provided in the Vehicle Code of the State of California.
804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a
vehicle has been abandoned on District Lands, the vehicle may be removed as
authorized by Vehicle Code Section 22669.
SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid
interference with development, construction, and management, or to provide for
security, safeguarding, and preservation of District Lands.and facilities, the general
manager or an authorized representative may declare an area closed, prohibited, or
limited to further entry. The declaration may include such reasonable classes of
persons who may enter, in the conduct of proper activities or official duties, as the
general manager or an authorized representative may prescribe.
805.1 Closed Areas. No person shall, without a written permit issued by the District, ente
or remain in an area of District Land or facilities declared closed, prohibited, or
limited by the general manager or an authorized agent.
13
805.2 Afterh s Use. No person shall enter or i,..,ain on District Land "after hOuq'
without a written permit issued by the District. The term "after hours" is defined a,
one-half hour after official sunset to official sunrise the following day.
SECTION 806. USE FEES.
806.1 Nonl2ayment of Fees. ,No person shall use District Lands or facilities without
payment of the prescribed fee or charge. Any fee or charge established by the Boar
for use of District Lands or facilities shall be paid in advance of such use, unless lat
payment has been authorized by the general manager or an authorized representative
14
Regional Open S,_ ace
R-98-119 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-20
September 23, 1998
AGENDA ITEM 2
AGENDA ITEM
Proposed Second Amendment to Purchase Agreement for Acquisition of Undivided One-Half
Interest in the Nead et. al. Property as an Addition
,to�jLong Ridge Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION ��
Adopt the attached resolution accepting the Second Amendment to Purchase Agreement for the
Nead et. al. property.
DESCRIPTION (see attached map)
At your meeting of August 12, 1998, you approved a Purchase Agreement which included an
Amendment to Purchase Agreement for the acquisition of the undivided one-half interest in the
80-acre Nead et. al. property as an addition to Long Ridge Open Space Preserve (see Report
98-104). This transaction was subject to an agreement between the property owners giving the
remaining interest holder a 30-day right of first refusal. On September 1, 1998, the District
received notification that the remaining interest holder, Steve and Edith Mekler, intended to
exercise their right of first refusal and purchase the Neads' interest in the subject property under
the same terms and conditions specified in the District's Purchase Agreement. Accordingly, the
District and the Neads have agreed to further amend the Purchase Agreement allowing the
District to assume a back up purchase position to the Meklers. Therefore, in the event the
Meklers fail to complete the purchase of the Neads' undivided half interest, the District will be
in a position to acquire the Neads' interest in the property under the same basic terms and
conditions of the original agreement.
CE A COMPLIANCE
This transaction was determined to be categorically exempt from CEQA (the California
Environmental Quality Act) at your August 12, 1998 meeting. The findings detailed in the
prior staff report (R-98-104) remain in effect and unchanged. The District further concludes
that the action proposed in this report does not constitute a change to the project which would
result in any additional impact on the environment. The physical project remains unchanged;
these amendments are purely procedural in nature.
Prepared by:
Michael C. Williams, Real Property Representative
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,Jed Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF A SECOND
AMENDMENT TO PURCHASE AGREEMENT, 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
NERD, ET AL.)
The Board of Directors of the Midpeninsula Regional Open Space District does
resolve as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept the attached Second Amendment to Purchase Agreement between
Dennis J. and Carolyn M. Nead and the Midpeninsula Regional Open Space District, and
authorizes the President or,appropriate officers to execute the Second Amendment to Purchase
Agreement on behalf of the District.
Section Two. This Second Amendment is incorporated into that certain Purchase
Agreement dated August 12, 1998 as approved by Resolution 98-31 of the Board of Directors.
All of the remaining terms and conditions of said Purchase Agreement remain in full force and
effect.
Section Three. The General Manager of the District shall cause to be given appropriate
notice of acceptance to the seller. The General Manager further is authorized to execute any
and all other documents in escrow necessary or appropriate to the closing of the transaction.
LONG RIDGE OPEN SPACE PRESERVE
Midpeninsula Regional Open Space District
. •
00 LONG RIDGE
OPEN SPACE
N t �J PRESERVE0.
o.a
Long
1400
« 16(ID
0,
1 } a b 1800
frr../' `.J �
0 d •'•.
r /��'' 0.4 d sot, •'
/ '�J SARATOGA GAP
- — A � OPRESERVE
_ _-- -- 0.2 ` Or
•�k Ylo�� os EN SPACE
0.3 d/ gf (rea e tr rl ,> 0.3
i �' F��
a
N
zh00 al 0 0.1
.z LR01 0
0.3 �'�M 2400
r.,
0.9 2000
2000
0 ,
1600
eke i Portola
..`. Sate Park 40
rrdil
- PROPOSED
�.. _
' --, ACQUISITION
• ....• 1 ! NEAD
r ,
f ti 180 AC. ..
�� / '�Pd gait Skyline to the-Sea Trail
f �
f-.. � � 0.5 •gyp a4': .•� �
✓ zz(roj rLRt3> '
Exhibit A: Site Map 7/1/98
4F
SECOND AMENDMENT TO PURCHASE AGREEMENT
The Second Amendment relates to a Purchase Agreement and First Amendment to the
Purchase Agreement (collectively referred to as "Purchase Agreement") entered into on August
12, 1998 by and between Dennis J. Nead and Carolyn M. Nead, as husband and wife and as
joint tenants ("Seller"), and the Midpeninsula Regional Open Space District ("District") for the
purchase of the Subject Property, San Mateo County, APN 085-160-130. The Purchase
Agreement is further amended as set forth hereinafter:
1. Paragraph 6, Condition Precedent, is stricken in its entirety and replaced with the
following:
6. Backup Offer.
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
Meklers which provides certain rights with respect to the Subject Property in
favor of Meklers. Meklers have notified Seller that they wish to exercise their
First Right of Refusal and have presented a written purchase agreement to the
Seller. In the event that Meklers and Seller agree in writing to a sale of the
Subject Property, then prior to close of escrow between Seller and Meklers, this
Agreement shall automatically and without further action become a backup
purchase agreement which can be made senior upon written notice from Seller
to District as provided herein at Paragraph 15.
7. New paragraphs 14, 15, 16, and 17 are added to read as follows:
14. No Further Actions.
District and Seller agree that, prior to the determination of whether or not the
Seller/Meklers' sale of the Subject Property will be consummated and escrow
closed, District is not obligated to take any other steps or action with respect to
this Purchase Agreement except to open and maintain a backup escrow into
which it has paid the deposit of$1,000.00 called for by Paragraph 12 of the
Purchase Agreement.
15. Notice.
In the event that the Seller/Meklers transaction does not close on or before
October 25, 1998 (unless the escrow closing date is mutually extended by
Meklers and Seller), then Seller will take such steps as are reasonable and
necessary to termina
te that agreement and escrow, and notify District that this
Page 1
Purchase Agreement has become the senior purchase agreement. Upon such
written notifications, District shall make such inquiries as it deems necessary in
its sole discretion to determine the Seller's ability to complete this transaction
and to convey title to the Subject Property to District in accordance with this
Purchase Agreement. Seller shall cooperate with District in conducting such
inquiryand will comply with District's reasonable requests for relevant
P Y
documents. Upon concluding those inquiries, District shall give written notice
to Seller whether or not it accepts its position as the purchasing party in the
senior position and is proceeding to Closing pursuant to this Purchase
Agreement. In the event District reasonably determines that Seller is not able to
convey the Subject Property to District in conformity with the terms and
conditions of this Purchase Agreement, it may terminate this Purchase
Agreement in writing and terminate escrow. All documents and monies
deposited into escrow shall be returned to the party depositing the same.
16. Closing, Date.
The Closingf o this transaction shall be on or before November 11, 1998 or
such other time as Seller and District shall mutually agree a in writing. In the
g
event that there is no Closing by December 31, 1998, either party may by
written notice terminate this Purchase Agreement, and it shall thereafter be of
no further force and effect and neither party to this Purchase Agreement shall
have any further obligation hereunder to the other. All documents and monies
paid into escrow shall be returned to the party depositing the same.
17. Inte ration.
Except as modified by the amendment to Paragraph 6 and the addition of the
new paragraphs 14, 15, 16 and 17, the Purchase Agreement remains in full
force and effect.
Page 2
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT Dennis J. Nead
ACCEPTED FOR RECOMMENDATION Date:
Michael C. Williams, Real Property
Representative Carolyn M. Nead
APPROVED AS TO FOR Date:
Susan Schectman, District Counsel
RECOMMENDED FOR APPROVAL:
L. Craig Britton, General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
Page 3
Regional Open S _ .ice
g p
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1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-118
Meeting 98-20
September 23, 1998
AGENDA ITEM 3
AGENDA ITEM
Election of Secretary for Midpeninsula Regional Open Space District Board of Directors
GENERAL MANAGER'S RECOMMENDATION
Elect a Secretary for the District Board of Directors l
DISCUSSION
With the election of Director Cyr as Vice-President at your meeting of September 9, 1998, the
office of Secretary has become vacant, and the Board should elect a new officer.
The appropriate procedure would be for the President of the Board to call for nominations. After
the close of nominations, pursuant to Section 1.22 of your Rules of Procedure, the election of
officers is by signed ballots, and the District Clerk counts the ballots. After the election, the
ballots are available for public inspection, if requested.
Prepared by:
P. Coats, Administrative Analyst
Contact person:
D. Dolan, Administrative Services Manager
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 S, .ice
s
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-116
Meeting 98-20
September 23, 1998
AGENDA ITEM 4
AGENDA ITEM
Application to Habitat Conservation Fund Program for Addition to Lobitos Creek Headwaters
Project
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 of the Board of Directors of the Midpeninsula Regional
Open Space District Approving the Application to the Habitat Conservation Fund
Program.
DISCUSSION
The Habitat Conservation Fund (HCF) provides $2 million annually to the California Department
of Parks and Recreation for a statewide grant program. This program provides 50% matching
grants to local agencies so they may acquire, restore, or enhance wildlife habitat or make available
trails and programs that bring urban residents into park and wildlife areas. The application
deadline for this funding cycle is October 1, 1998.
The funds are available for projects in six categories. Four of the six categories are funded each
year on a rotational basis. The first four categories listed below(in bold print) are eligible for
$500,000 each in fiscal year 1998-1999. A project can only be submitted in one of the four
eligible categories, even though it may qualify for more than one.
1. Wetland Habitat
2. Riparian Habitat
3. Trails/programs
4. Anadromous Salmonids and Trout
5. Deer and lion habitat
6. Habitat for rare, threatened, and endangered species
The project must start within three years of the date the grant funds are appropriated in the State
budget. Acquisition grants can be matched only by non-State money or property made available
as part of the acquisition project.
The District has received four Habitat Conservation Fund grants since the initiation of this
program. The first (1991) provided $1 million to assist with the purchase of Jacques Ridge, a
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
R-98-116 Page 2
prime deer/mountain lion habitat connecting Sierra Azul Open Space Preserve with Almaden
Quicksilver County Park. The second (1992) provided $320,000 to help purchase the Devil's
Canyon (Acronico) property, an important steelhead spawning area, wildlife corridor,
deer/mountain lion habitat, and home to several species of special concern, as well as an
outstanding recreational area. The third (1994) will provide funds for purchase of the Soda
Springs Corridor on the western side of Sierra Azul Open Space Preserve. It will help complete a
continuous block of protected open space across the Sierra Azul range. This grant has not yet
been completed. The last grant (1996) provided $420,500 for the purchase of Peninsula Open
Space Trust (POST) property as an addition to Purisima Creek Redwoods Open Space Preserve
Lobitos Creek Headwaters Addition Acquisition Project
Under the current proposal, the District would apply to the Habitat Conservation Fund Program
for the Lobitos Creek Headwaters Addition Project. Our application is for a $325,000 matching
grant to help acquire the 53-acre Peery properties as additions to Purisima Creek Redwoods Open
Space Preserve, in the category of Anadromous salmonids and trout habitat. The properties are
home to Federally threatened steelhead trout
In 1997, the District acquired the surrounding 481-acre POST property with a $420,500 grant
from the Habitat Conservation Fund (the Lobitos Creek Headwaters Project). That property
became part of the contiguous 2,633-acre Purisima Creek Redwoods Open Space Preserve and is
now open to the public.
The maximum amount available in any one grant category is $500,000. Since few properties
qualify for the Anadromous salmonid and trout category, there is a greater chance of success than
if we were to apply in another category. Like other acquisitions funded by this program in the
past, the Peery properties also have resources qualifying for the other categories. The properties
provide excellent deer and mountain lion habitat, endangered species habitat (red-legged frog),
and several species of special concern (Cooper's hawk, long-eared owl, golden eagle, osprey, and
Western pond turtle), and trails.
Property Description
The two parcels proposed for acquisition are inholdings within the Lobitos Creek Headwaters
Project acquired with the District's previous Habitat Conservation Fund grant. These beautiful
undeveloped parcels adjoin Purisima Creek Redwoods Open Space Preserve, extending south and
west from the top of Bald Knob between Irish Ridge and Lobitos Creek.
The upper end of Lobitos Creek, a steelhead spawning area, forms the northern and western
boundaries of the property. Irish Ridge, the scenic open ridgeline which is the property's
dominant feature, forms the eastern boundary and offers panoramic views of the coast and
surrounding hillsides. Three ridges separated by narrow canyons extend west from Irish Ridge,
sloping steeply down to the creek.
R-98-116 Page 3
The two inholdings are located in the canyons between the ridges. The upper parcel (38 acres)
fronts on Lobitos Creek; the lower(15 acres) encloses part of a tributary to Lobitos Creek.
These parcels are accessed through the surrounding preserve. Both parcels were selectively
logged in 1993 but have been left alone since then, and the redwoods are regenerating well.
Habitat Value of Upper Lobitos Creek
Lobitos Creek has many pools with overhanging banks; prime habitat for steelhead. The upper
part of the creek is undisturbed; dense vegetation, including large mature alder trees, line the
stream banks. Springs keep Lobitos Creek flowing strong and clear throughout the summer
months.
A large alder-shaded riparian area surrounds the creek at the southwest corner of the former
POST property where the East Fork converges with the main creek. Here the pools are overhung
with a thick growth of nettles, poison oak, and blackberry. There is no significant siltation. The
District's consulting fisheries biologist, Dr. Samuel McGinnis, found Federally threatened
steelhead young-of-the-year and parrs in this area in mid-August, 1996. A red-legged frog, also a
Federally threatened species, was sighted in this area in September, 1996.
Every year, steelhead migrate from the Pacific Ocean up to gravel-lined spawning pools in upper
Lobitos Creek. Their eggs, usually laid after the peak winter rains, can lodge in the gravel and
survive high water flows. Later the eggs hatch and the young trout gradually float down to lower
pools where they remain all summer, feeding on fly larvae and other invertebrates.
The major threats to the continued survival of steelhead are siltation, water diversion, and
logging. Steelhead need silt-free spawning and rearing pools, adequate summer and fall water
supply, and enough shade from surrounding trees to keep the water cool. This grant application
is based primarily on the importance of these two inholdings in protecting upper Lobitos Creek as
steelhead spawning habitat.
Property Management
The District now manages the upper Lobitos area surrounding the parcels as part of Purisima
Creek Redwoods Open Space Preserve. A preliminary use and management plan was prepared at
the time of the POST acquisition. Under the District's management, trail accessibility has been
improved. The Bald Knob Trail, a connecting trail from the central portion of Purisima to the
former POST property around the south side of Bald Knob, is complete and open to the public.
Additional trails have been cleared on the ridges where old logging roads intersect the Irish Ridge
Trail.
Lobitos Creek Trail is the southernmost trail extending from Irish Ridge Trail to a ridge
overlooking Lobitos Creek. It follows the route of the logging road to access the two inholdings.
A short spur from this trail ends at a former logging landing overlooking the smaller parcel. The
R-98-116 Page 4
Lo
bitos Creek Trail now ends in a large landslide right before it enters the larger parcel. The old
logging road continues on the other side of the landslide to the middle of the larger parcel. No
trails go down all the way to Lobitos Creek. The banks of Lobitos Creek are densely forested and
appear to be little visited. Leaving it in its present inaccessible condition will best protect the fish
and wildlife.
Project Benefits
These properties offer an outstanding combination of resource and recreational values. They
include the headwaters of Lobitos Creek a steelhead spawning area red-
legged frog habitat,
wildlife corridor, and deer and mountain lion habitat. Rich in wildlife, they also support several
species of special concern. Open grassland with panoramic views to the Pacific, moss-draped
Douglas fir, and rugged ridges and redwood-filled canyons will also make these properties an
attractive destination for hikers and equestrians. Acquisition will permanently protect the unique
habitats and expand recreational opportunities at Purisima Creek Redwood Open Space Preserve,
one of the District's more popular open space preserves.
CEQA COMPLIANCE
Project Description
The project consists of the acquisition of two inholdings totaling 53.2 acres as additions to
Purisima Creek.Redwoods Open Space Preserve. The rugged mountainous parcels have
exceptionally diverse plant communities and are home to the Federally threatened steelhead and
red-legged frog. Ultimately, the properties will be included in a comprehensive use and
management plan for the adjacent open space preserve. The land will be permanently preserved
as open space and will be maintained in a natural condition. It may be open to the public for low-
intensity recreation.
CEQA Determination
The District concludes this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(California Environmental Quality Act) under Article 19,
Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines.
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 property will be maintained 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 and will maintain the property as open
space.
R-98-116 Page 5
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space.
The acquisition will transfer ownership to the District and ensure the property is preserved as
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.
Prepared by:
Del Woods, Senior Management Specialist
Contact person:
L. Craig Britton, General Manager
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR
1998-1999 UNDER THE HABITAT CONSERVATION FUND
PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION
ACT OF 1990 FOR THE FOLLOWING PROJECT:
LOBITOS CREEK HEADWATERS ADDITION (PEERY
PROPERTY ACQUISITION)
WHEREAS, the people of the State of California have enacted the California Wildlife
Protection Act of 1990, which provides funds to the State of California for grants to local
agencies'to acquire and/or develop facilities for public recreational and fish and wildlife habitat
protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility for the administration of a portion of the program within the State, setting up
necessary procedures governing application by local agencies under the program; and
WHEREAS, said procedures established by the State Department of Parks and Recreation
require the applicant to certify by resolution the approval of application before submission of said
application to the State; and
WHEREAS, said application contains assurance that the applicant must comply with; and
WHEREAS, the applicant will enter into an agreement with the State of California for
acquisition or development of the project;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby:
I. Approves the filing of an application for the Habitat Conservation Fund Grant Program
under the California.Wildlife Protection Act of 1990 State grant assistance for the above
project; and
2. Certifies that said applicant understands the assurances and certification in the application
form; and
3. Certifies that said applicant has or will have available prior to commencement of any work
on the project included in this application, the required match; and will have sufficient
funds to operate and maintain the project; and
4. Appoints the General Manager as agent of the District to conduct all negotiations, execute
and submit all documents, including, but not limited to applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of
the aforementioned project.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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EXHIBIT A
Regional Open S,ace
i
R-98-115 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-21
September 23, 1998
AGENDA ITEM 5
AGENDA ITEM
Notice of Contract Completion for Landscape and Spillway Repair Project, Thornewood Open
Space Preserve.
i,
GENERAL MANAGER'S RECOMMENDATION j
Authorize the President or other appropriate officer to execute the attached Notice of
Completion of Contract and Acceptance of Work for the landslide repair project.
DISCUSSION
At your May 27, 1998 meeting you awarded a contract in the amount of$79,910.99 to
Brazil's Excavating of San Gregorio for repair of a landslide and the spillway at Schilling
Lake, Thornewood Open Space Preserve (see report R-98-67). This was a repair project
which consisted of removing the existing landslide which was damaging the spillway, and
replacing the soil with an engineered fill, including surface and subsurface drains.
The project is now completed, with the exception of planting and erosion control (hydro-
seeding and matting). This work was deleted from the main contract, and will be installed by
District staff, volunteers and some contracted services for removal of trees on the dam face.
This work is scheduled for the week of September 28 to October 2,1998, thereby complying
with all regulatory permits in place. The intent of this change was to afford the District a
more reliable finished product and at a cost savings. The construction project has been
successfully completed and approved by the permitting agencies. Staff was pleased with the
performance of the consultants, Cotton, Shires & Associates of Los Gatos, as well as that of
the contractor, Brazil's Excavating of San Gregorio.
The attached table shows the final cost of the project. Of the four Change Orders, only #3
added any cost, in the amount of$2,251.60. The change was a result of on-site direction by
the consulting Geotechnician to insure that the landslide repair was thorough. Change Order
#4, which is the planting and erosion control items referenced above, involved deleting those
Bid Items from the contract, at a savings of$4,427.00. Since the contractor did not exercise
the option of Alternate `D' in the Bid Items (additional tree removal for construction access
across the dam), the contract was further reduced by $1,840.00. As noted in the table, the
final contract cost was reduced to $75,895.59 as a result of these changes. The remaining
work - the planting, seeding and maintenance - is estimated at a cost of$3,600.00. Therefore,
the total combined cost will be approximately $79,500.00. At this time, Planning Staff is
requesting a refund of approximately $2,200.00 from the Town Of Woodside, for an apparent
inadvertent overcharge on the Grading Permit fee.
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
I
R-98-115 Page 2
i
Because the remaining planting and erosion control work is a condition of the permit from the
Town of Woodside, staff has taken steps to ensure that the Town is satisfied with the work for
which Brazil's Excavating was responsible, and will sign off on the permit when the remaining
erosion control and planting work is complete.
At the time of award of contract, staff estimated the total construction phase costs, including
consulting engineering services, permit fees, and advertising, at $95,000.00. As outlined in
the attached table, final costs for the project are estimated at $96,614.82.
Ten percent of the payments to Brazil Excavating have been withheld in accordance with the
contract documents and specifications. A check for the remaining amount will be issued in 35
days, which allows adequate time to review evidence that all payrolls, material bills, and other
indebtedness connected with the project have been paid.
i
Prepared by:
Randy Anderson, Senior Planner
John Cahill, Planner II
Contact:
Same as above
TABLE OF COSTS
LANDSLIDE AND SPILLWAY REPAIR PROJECT
SCHILLING LAKE
THORNEWOOD OPEN SPACE PRESERVE
1. Total of Contract Award (May 27, 1998) $ 79,910.99
(Brazil's Excavating)
2. Change Orders. Description Cost
No. 1 Tree Planting Quantities $ 0.
2 Change Culvert Size $ 0.
3 Additional Excavation $ 2,251.60
4 Delete Planting& Seeding ($ 4,427.00)
TOTAL OF CHANGES ($ 2,175.40)
3. Alternate `D'--Tree Removal (Not Needed) ($ 1,840.00)
4. Revised Contract Amount $ 75,895.59
5. Invoiced to Date $ 75,895.59
6. Payments to Date $ 68,306.03
7. Retainage Currently Withheld (due 10/28/98) $ 7,589.56
8. TOTAL to the Contractor(after Release of Retainage) $ 75,895.59
9. Projected Costs to the District of Planting and Seeding $ 3,600.00
(Items Deleted by Change Order#4)
TOTAL CONSTRUCTION COST $ 79,495.59
TABLE OF COSTS Page 2
LANDSLIDE AND SPILLWAY REPAIR PROJECT
SCHILLING LAKE
THORNEWOOD OPEN SPACE PRESERVE
OTHER COSTS
1. Permits:
A. California Fish& Game $ 662.00
B. Town of Woodside (Site Development) $ 5,200.00*
Subtotal $5,862.00
2. Outside Vendors:
A. San Jose Mercury News (Notice of Bid) $ 226.05
B. Peninsula Blueprint $ . 100.73
C. Julie McCullough (Project Consultant) $ 458.78
Subtotal $ 785.56
3. Engineers: Cotton, Shires, and Associates (Geotechs)
A. Construction Monitoring and Testing $ 9,040.20
B. Final Invoice on Construction Monitoring $ 3,631.50
Subtotal $ 12,671.70
TOTAL OTHER COSTS $ 19,319.26
Planning is requesting a partial refund of this fee from
the Town of Woodside
($ 2,200,QJO
PROJECTED TOTAL OTHER COSTS $ 17,119.26
PROJECTED TOTAL CONSTRUCTION COSTS $79,495.56
TOTAL PROJECT COST V6,614.82
t
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of Midpeninsula
Regional Open Space District, pursuant to State law that work to be performed under the
contract heretofore made and executed by and between the Midpeninsula Regional Open
Space District, as Owner therein and Brazil's Excavation as Contractor therein, bearing
the date June 12, 1998 for construction of a landslide and spillway project and
appurtenant facilities upon lands of said District known as Thornewood Open Space
Preserve situated in Town of Woodside, State of California, was completed by the said
Contractor, on the 8th day of September, 1998.
Upon said contract, Star Insurance Company was surety on the bond given by said
Brazil's Excavation the said Contractor, as required by law.
That the title of said District to the real property upon which said work and contract
was performed is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel
Circle, Los Altos, CA 94022.
IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made
and given on the 23`d day of September, 1998, authorizing and directing the execution
of this instrument, the said District has caused these presents to be executed in its name,
authenticated by the signature the Vice President of the said Board of Directors this
23`d day.of September, 1998, in Los Altos, California.
I CERTIFY, under penalty of perjury that the foregoing is true and correct.
Betsy Crowder
President, Board of Directors
Dated:
Signed in Los Altos, California
m
Reg-tonaln Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-113
Meeting 98-20
September 23, 1998
AGENDA ITEM 6
AGENDA ITEM
Approval of Meritorious Pay Award for the District Legal Counsel
AD HOC BOARD APPOINTEE.EVALUATION COMMITTEE RECOMMENDATION
1. As a result of the Board's evaluation of the Legal Counsel's performance during Fiscal Year
1997-1998, the Ad Hoc Board Appointee Evaluation Committee recommends the Board approve a
5% meritorious pay award for the District Legal Counsel.
2. Adopt the attached Resolution approving a 5% meritorious pay award for the District Legal
Counsel in an amount of$3,182.50
DISCUSSION
An evaluation of District Legal Counsel was conducted by the Ad Hoc Board Appointee Committee in
December 1997. As a result, in January, 1998, the position of District Legal Counsel was increased to a
two-thirds time employee position with no cost of living adjustment for Fiscal Year 1997-1998.
The District Legal Counsel Employment Agreement provides for an annual review of the performance of
the District Legal Counsel. Based upon that review, a meritorious pay award may be granted ranging
from 0% to 5% of salary. Meritorious pay is not a salary adjustment, but rather recognizes meritorious
performance during the previous year of service.
In July 1998, the Ad Hoc Board Appointee Evaluation Committee met with the District Legal Counsel to
consider the appropriateness of a meritorious pay award.
The Committee recommends that the Board approve a 5% meritorious pay award for the District Legal
Counsel based upon the meritorious performance of the District Legal Counsel, and the significant and
complex projects which were completed last year which required extra efforts on her part. These
included the negotiating and drafting of settlement documents for sensitive and complex acquisitions and
related open space easements; revision of internal-affairs and discipline procedures for peace officers;
work with the Coastal Ad Hoc Committee and the Board on procedures and legal issues concerning
coastal annexation and election; and management of defense and partnering with special counsel for
pending litigation.
Submitted by:
Ad Hoc Board Appointee Evaluation Committee (President Crowder and Directors Siemens and Nitz)
Contact person:
Director Siemens
330 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200
FAX: 650-691-0485 * E-mail: mrosd@openspace.org Web site www.openspa(-e.org
Board of 1)irector4 Pate Siemens,May C.Davey,led(:yr,David T.Smernoff, Nonette Nanko, Betsy Crowder, Kenneth C. Nitz - General Nixuger l.Craig Britton
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT APPROVING A MERITORIOUS PAY
AWARD FOR THE DISTRICT LEGAL COUNSEL
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into an Agreement, dated March 13, 1994, with Susan Schectman employing Schectman
as the District's Legal Counsel; and
WHEREAS, the Agreement provides for a meritorious pay award based upon the District
Legal Counsel's performance; and
WHEREAS, the Board, based upon its review of Schectman's performance, desires to
grant her a meritorious pay award of 5%, or $3,182.50, in recognition of meritorious performance
during the previous year of service;
THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula
Regional Open Space District does grant the District Legal Counsel by adoption of this resolution
a 5% meritorious pay award in the amount of$3,182.50.
Regional Open Siace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Mans
DATE: September 23, 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 Siernens,Mary C. Davey,Jed Cyr,David-1.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton
Regional Open , • ace
---------------------—
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
September 23, 1998 Similar letter sent to:
Paul Romero, Santa Clara County Parks
Mary Burns, San Mateo County Parks
Paul Romero Audrey Rust, Peninsula Open Space Trust
Director, Santa Clara County Parks Larry Coons, Santa Clara Open Space Authority
298 Garden Hill Drive
Los Gatos, CA 95030
Re: Revised Basic Policy
Dear Mr. Romero:
Your commission participated in our Regional Open Space Study workshop process, including
review of the District's Basic Policy document. Enclosed for your review is the revised Basic
Policy, tentatively adopted by the District's Board of Directors on July 8th. Please forward
the draft document to the Parks and Recreation Commission for review. Final adoption is
scheduled for November 18*. We would appreciate receiving any comments by November 6th,
to my attention.
Thank you for your continued interest.
Sincerely,
Randy Anderson
Senior Planner
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
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Air..t:mawi r_tiaha" i
c irvt}yr yRYtac[.)r
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The League has been informed by the Midpeninsula Regional open
Rdan t•.tanctiak -
N ^��` Space District that they need a letter of support for their Grant quest
Pre-proposal for uchnical work related to annexation of the San Mateo
*%Amin}.ilatitnw
,t,atn ot>�ll-r• i County Coast.
.•>tn Froalfla�Fttqulaae �
""`�`b,tyttltar The League is most supportive of tl}e District's work and we believe that
lytc K.tkfww+>
ticn t:.Come ir.
r7,t>r.r tiNryo" their presence in San Mateo will bejadvantageous. Although most o the
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t:itlxYt at.<:to,wrm.r
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,k V I need public entities to accept lands at the local level for conservation an
t.lU�tlra A.IU&T" public use..
Itarn C fktw�cd ' '....
.""" • "°"""" our rant will
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Most sincerely yours,
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Regional Open Space
I�
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
September 3, 1998
Ms. Jeanne Sedgewick
Conservation Program Director
David and Lucille Packard Foundation
300 Second Street, Suite 200
Los Altos, CA 94022
Subject: Support for grant application#3175
Dear Ms. Sedgewick:
The Land Trust for Santa Clara County will provide a much-needed presence in
an area where there is no other private non-profit land conservation entity. As a partner to
the local government agencies involved in managing open space and park lands, this trust
has an unparalleled opportunity to make a huge difference in the public's quality of life
both today, and in the future.
The Mid peninsula Regional Open Space District hopes that the David and Lucille
I
Packard Foundation can assist this fledgling land trust in getting established, so it can
then gain a foothold in the area and begin its land conservation efforts. There are many
critical time-sensitive opportunities for land conservation in Santa Clara County, which
this new land trust can address if it is able to quickly become operational. The help of the
Foundation will ensure that no time is lost, and will thereby enhance opportunities for
land conservation to be undertaken by the Land Trust for Santa Clara County.
Please give your utmost consideration to grant request#3175.
Si erely,�'
L. Craig ritton
General Manager
LCB/mcs
cc: MROSD Board of Directors
Larry Coons
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
1
Regional Open , we
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Simila
r letter sent to:
Steve McCormick, Executive Dir. , The Nature Conservancy
Veryl Clausen, Executive Dir. , Sernpervires Fund
September 22, 1998 John Woodbury, Bay Area Open Space Council
Audrey Rust, Executive Director
Peninsula Open Space Trust
3000 Sand Hill Road, 4-135
Menlo Park, CA 94025
Dear Audrey:
I'd like to thank you for the letter you wrote to the Packard Foundation in support
of the District's grant request. Such a strong recommendation from you and POST will
surely illustrate the project's worthiness and widespread support.
I have high hopes for the District's preservation efforts on the San Mateo County
coast, and look forward to continuing the excellent working relationship that POST and
the District have enjoyed,toward that objective.
Again, thank you for supporting the District's grant request to the Packard
Foundation.
Si erely,
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,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
SEP 1 7 1`9R
Peninsula Open Space Trust t..:
Board of Directors September 16, 1998
Allan F.Brown
Patricia A.Compton
Vince S.Garrod Ms. Jeanne Sedgewick
Sukey Grousbeck Conservation Program Director
Christina A.Holloway Melvin B.Lane The David and Lucile Packard
Dianne McKenna 300 Second Street, Suite 200
Norman E.Matteoni Los Altos, CA 94022
David W.Mitchell
F.Ward Paine
William Reller Dear Jeanne:
Karie Thomson
Anne M.Westerfield
I write in support of the proposal submitted to The Foundation by the
Advisory Council Midpeninsula Regional Open Space District (MROSD) for$200,000 to fund
Robert E.
Baer rger research needed for their proposed annexation of the San Mateo County
Eleanorr Baer Boushey coast. Annexation Y an Mateo coast w greatly James Ai b MROSD of the S ill enhance
y
Sheldon Breiner,Ph.D. the abilityof the Peninsula Open Space Trust to assure a
Robert V.Brown P P ss a appropriate long-
Robert V.
dark M.D. term stewardship of protected lands. Their precence will also allow POST to
WilliaSue Crane provide appropriate public access. With MROSD and POST working
Lois Crozier-Hogle together on coastal projects, I believe that The Foundation will be able to
Laurence Dawson
Herben j.Dengler better fulfil its objectives for this geographic area.
Peggy Dennis
J.Philip DiNapoli Midpeninsula Regional Open Space District is a single purpose district with
Phyllis Draper
Clarence J.Ferrari,Jr. an independently elected Board of Directors. Unlike other government
David L.Fletcher agencies whose funding and focus can change with competing needs (as we
Thomas W.Ford have seen at the county, state and federal levels) MROSD has only a single
Rosemary Hewlett
Patricia L.Hooper aim: "To acquire and preserve a regional greenbelt of open space land in
Mary P. M.D.
B.
Suzanne B.King perpetuity; protect and restore the nature environment; and provide Robert C.Kirkwood opportunities for ecologically sensitive public enjoyment and education."
Robert W.McIntyre Every dollar the Open Space District receives is used to fulfil this mission.
George M.Marcus Because of this,The Packard Foundation would find its funds leveraged
Jacqueline Mayer
Robert H.Miller many times over with public money.
Gordon E.Moore,Ph.D.
Bette Moorman h a grant from The As you may remember, POST was established with Janet Morris ,
Susan P.Orr Packard Foundation which was matched with funds from the Midpeninsula
Paul O.Reimer Regional Open Space District. Since that time, more than 20 years ago, POST
Barbara Doyle Roupe
Alexander H.Schilling,Jr. and MROSD have successfully partnered on dozens of projects. We have
Fritz Snideman always found the people with whom we've worked at the MROSD to be
Geraldine F.Steinberg Rosemary Young oug g g $� g thoughtful,creative, strategic, and effective in saving land and in giving it
Lea Zaffaroni permanent protection.
Executive Director
AudreyC.Rust Currently, there is no public partner with whom POST can work on coastal
lands. Although we do projects with State Parks, the Coastal Conservancy
and the County of San Mateo, none of these agencies have the assured
3000 Sand Hill Road,4-135
funding or focus of MROSD. It has been difficult to involve the state or
Menlo Park,California 94025
Tel: (650)854-7696
Fax: (650)854-7703
www.openspacetrust.org
The David and Lucile Packard Foundation page 2
September 16, 1998
county in new acquisition or stewardship efforts, which obviously inhibits
POST's ability to undertake additional projects. With MROSD in the picture,
we will have access to their professional staff and experience in developing
overall open space protection plans and strategies. Their ability to take title
to some of the lands we acquire will be a real boon.
In addition to needing the kind of coastal partner MROSD would provide, all
P
the information and systems developed under The Packard Foundation
grant would be available and useful to POST, thus eliminating the need for
our organization to undertake any of this activity. We are particularly
interested in the GIS information, which would be done in greater depth
than POST could accomplish.
The Peninsula Open Space Trust highly recommends funding the current
proposal submitted to The David and Lucile Packard Foundation by the
Midpeninsula Regional Open Space'District.
Sincerely,
Audrey C.Ost
Executive Director
cc: Michael Mantell, California Environmental Trust
L. Craig Britton, Midpeninsula Regional Open Space District
' ! Peninsula Open Space Trust
September 5, 1997
Board of Directors
Allan F.Brown Mr. Mark Valentine
Patricia A.Compton The David and Lucile Packard Foundation
Vince S. u 300 Second Street
Sukey Grousbeck
Christina A.Holloway Los Altos, CA 94022
Melvin B.Lane
Dianne McKenna
Norman E.Matteoni Dear Mark:
David W.Mitchell
F.Ward Paine Proceeding and concurrent with our discussions regarding The Packard
William Reller
f the Central California Coast I have
interest in the protection o e C
Karie Thomson Foundation's p �
Anne M.Westerfield been in discussion with the Midpeninsula Regional Open Space District
kv( thl* ttv Whk(W thie mINA, Qlwv thw liwqt
Robert Augsburger year of discussions and meetings they have become enthusiastic about the
James E.Baer possibilities of such an expansion (their boundaries currently stop just west of
Eleanor Boushey
Sheldon Breiner,Ph.D. Skyline Boulevard) which would allow them to hold and manage land on the
Robert V.Brown coast, especially that with a public access component.
William H.Clark,M.D.
Sue Los Craozier-Hogle In POST's view, the presence of the management capabilities of MROSD would
Laurence Dawson be a tremendous advantage in our coastal work. As a government agency with
Herbert J.Dengler an independently elected board focused solely on permanent preservation and
Peggy Dennis
J.Philip DiNapoli low intensity recreational use of open space, they are not subject to the trade-
Phyllis Draper offs we so frequently see with state and county governments and their parks
Clarence J.Ferrari,Jr.
David L.Fletcher departments. In addition, the Open Space District is experienced in
Thomas W.Ford management issues and understands partnershiparrangements with both
Rosemary Hewlett g g
Patricia L.Hooper private and other public entities.
Mary P.Hufty,M.D.
Suzanne B.King If the District is to proceed with such an idea there will need to be considerable
Robert C. McIntyreod
planning done in advance of public meetings as well as other steps to be
Robert W.Mcintre P $ p g P
George M.Marcus undertaken. Much of this work would be extremely useful to all of us in
Jacqueline Mayer Robert H.MiNer tracking and evaluating properties for protection. Since I have kept The '
Gordon E.Moore,Ph.D. Foundation's interest in this area confidential,I asked staff of the District t0
Bette Moorman Janet Morris produce a brief outline of the expenses which would be incurred in the
Susan P.Orr planning for expansion to the coast for my review. The attached two pages are
Paul O.Reimer the result.
Barbara Doyle Roupe
Alexander H.Schilling,Jr.Fritz Snideman Although this would be a grant directly to Midpeninsula Regional Open Space
Geraldine F.Steinberg District, I think funding the planning needs outlined here will forward both The
Rosemary Young Lea Zaffaroni Foundation's and POST,s objectives in saving the coast. I would appreciate
Executive Director your letting me know of your level Of interest in this idea.
Audrey C.Rust
Since4ely,
eudrey C. s3000 Sand Hill Road,4-135Menlo Park,California 9402ive lrector
Tel: (650)854-7696
Fax: (650)854-7703
www.openspacetrust.org
7�T � California Regional Office International Headquarters
1 V 201 Mission Street,4th Floor Arlington,Virginia
Conservancy® San Francisco,California 94105
TEL 415 777-0487
FAx 415 777-0244 fr 415 777-0772
September 4, 1998
CE!V03
Ms.Jeanne Sedgwick
Conservation Program Director S E P 8 i �!
David and Lucile Packard Foundation
300 Second Street, Suite#200
Los Altos, CA 94022
Subject: Midpeninsula Regional Open Space District grant application
regarding azmexatia..of the San Mateo County coast
Dear Jeanne:
I am writing in support of the Midpeninsula Regional Open Space District's request for funds for technical support
needed to pursue the annexation of the San Mateo Coast into the District's jurisdiction.
As you know,one of the most challenging aspects of protecting any natural area is its ongoing management,
maintenance and oversight. This is particularly the case near large urban areas,and where recreational use is an
important part of activities on the landscape. Within its current jurisdiction,the Midpeninsula Regional Open
Space District has a long and respected history of preserving scenic and natural areas and providing a suite of
recreational opportunities for the public. The absence of this kind of management support on the coast side of the
county limits the capacity of the conservation community to protect new lands there.Expanding the District's
jurisdiction would significantly increase the prospects of effective protection of additional lands and of providing
compatible recreation opportunities
Effective conservation requires a broad range of capabilities,including those which the Open Space District has
long demonstrated. As a local entity with broad community support,it has excellent prospects of securing the
necessary voter support. We applaud the District's interest in engaging to meet needs on the San Mateo coast,and
hope that the Packard Foundation will look favorably upon its request for funding.
Please call me or Chris Kelly, Acting Central Coast Area Director,if you would like any further information or
have any questions.
Sincerely,
htevoormick
Executive Director
CC: Michael Mantell
recycled paper
so 1-4 Sempervirens Fund
1 Drawer BE, Los Altos, CA 94023-4054
0
650/968-4509 Fax 650/968-0713
www.sempervirens.org
For the preservation of redwood lands S E P 8
Board of Directors !LiA
C _jCkharQ[
.V"clwl S Barton
vice Resident
Betsy 9, PLSS
ecre'?ry
L _ycrey September 4, 1998
• ensure.
?=err A Bryan
M?ry C :-'avey Jeanne Sedgwick
'A/Ili*.rr N HarrIS
341 V Fernandez Conservation Program Director
Tony Look
:,Iln're,er The David and Lucile Packard Foundation
Eflen'_- Weaver 300 Second Street, Suite 200
Izi 'ara= w-,ear m.0
S'fr'N WYCKC)ff LOS Altos, CA 94022
Gec'ge CcIlins
r Cnz?ry Vice
HOwa.1,�,''Kirg Dear Jeanne:
cnc-?:j vice'esicenr
.hcrras K.McCarrry Sempervirens Fund has been asked to provide a letter
Honcrary Vice Presjce-i supporting a grant proposal to the Packard Foundation by the
Sponsors
_-a.-,;ey'V' Barnes Midpeninsula Open Regional Open Space District asking for
Alan F Brown financial assistance associated with MROSD' s plans for
M'=1e-V Brow,
s Rcte-'Buster annexation of the San Mateo County coast within their
Cark jurisdiction.
Jar-e.z 3 comoron
Wtel_-;rre,ce,
VIS V-1115 V! _F_zwe As Midpen' s pre-proposal letter indicates, Sempervirens has
7coe"-3 F;lr)t.jr
7cterz i 5eisie, met with the District and we support their presence in land
_Ccwara 3irzror conservation efforts in this coastal area .
Vicnae--D Greer
IAM;iarr R Hewlett
Leo A�cefer We urge the Packard Foundation to award this grant to help
?e,7ny 3erocde Jay
DCralcl Q4ineov extend the work of preserving these significant lands .
:zccerz C.Kirkwood
Be-yjc,-esKroerer
Melvin 3 Lane
Mrs ice Lauarlii- Sincer 1
Mrs I S Mark
Rcterr VcIn[yre
Brian C Neill
Margare:0wings Ver lv yn Clausen
3111y?�Icr
?ot)e,t_--Remcel Executive Director
Kirk Srri:n
Mrs.jean S Steinnarat
V'v)W stvpula
Denzil ve,ardo
e—je
K--4:r A M Waiker cc: Craig Britton
✓
_Pl.ries.A Walton
Advisors
<ircej 7 Blau
Dcris Lecnarcl
Aexanc:,-r Lowry
Betsy 3;ats Shorwell
'Acraei-- Soule
.teener M.ctevick
Executive Director
Ve.r;yrlr Clausen
?r.r;ec_n qecycled Paper III
CC)
BAY AREA
M_ September 3, 1998 _ _
OPEN SPACE Ms. Jeanne Sedgwick
C O U N C I L Conservation Program Director S E P 4 i 9 t+
David and Lucile Packard Foundation A,' . 4fi lSULA PELM I'AlL
STEERING COMMITTEE 300 Second St, Suite#200 '•V " ACE uIUPT"'l
CHRISTINA BATT Los Altos, CA 94022
Martinez Regional Land Trust
ROBERT BERNER
Marin Agricultural Land Trust jam: Midpeninsula Regional Open Space District Grant Request
FRAN BRIGMANN
Marin County Open Space District
CRAIG BRITTON Dear Ms. Sect ick:
Midpeninsula Regional Open Space District
HARRIET BURGESS
American Land Conservancy
DAN CATHER I am writing in connection with the pre-proposal for grant funding
City of Walnut Creek
VERL CLAUSEN submitted by the Midpeninsula Regional Open Space District related to
Senpervirens Fund their potential annexation of the San Mateo coast.
ANN COLE
Trust for Public Land
LARYSanta Clara County Op e°Os�e Authority The goal of the Bay Area Open Space Council is to advance a
ROBERT E. DOYLE
East Bay Regional Park District comprehensive and coordinated approach to preserving, restoring an
HARRY ENGELBRIGHT Tri City&County Cooperative Planning Group managing Peri the o space lands which are So critical to the San
p
NEAL FISHMAN Francisco Bay Area. Consistent with this goal, we are excited about
State Coastal Conservancy
BUD GETTY the potential annexation of the San Mateo coast by the MROSD.
California Dept of Parks and Recreation
PATRICIA GLOYD
Greater Vallejo Recreation District The annexation would close a major jurisdictional gap in the region.
DAVID HANSEN
Sonoma County Agricultural Preservation Several non-profit organizations, notably the Peninsula Open Space
and Open Space District
JOHN HOFFNAGLE District and Sempervirens Fund, have protected some spectacular
Napa County Land Trust CLIFFORD JANOFF resources in the area, but by themselves they cannot adequately meet
Bay Area Ridge Trail Council the challenges posed by intense development pressure.
DAVID KATZ
Sonoma Land Trust
GSERY ave Mt.Diablo" We are blessed to have such an extensive and largely unspoiled coastal
MARGE KO S resource so close to over 6 million people. The area has unique natural
US Fish and Wildlifee Service e
JANET MCBRIDE habitat and agricultural values, and is also a prime recreational
San Francisco Bay Trail Project
PAM MUICK resource. Public support for protecting the area is high, and prospects
Sobno County Farmlands
and Open Space Foundation for funding over the long term are good. To move forward however,
BRIAN OINEILL advance planning money is essential. This is what the grant proposal
Golden Gate National Recreation Area
PAUL ROMERO would accomplish.
County of Santa Clara
CARLA RUIGH
City of San Jose
AUDREY RUST Please do not hesitate to contact me if I can be of any assistance as you
Peninsula Open Space Trust evaluate their proposal. I can be reached by phone at (510) 654-6591.
PHILIP SALES
Sonoma County Regional Parks
JIM SAYER
Greenbelt Alliance Sincerely,
NANCY Sy AEFER p, I�
San Francisco Ba Joint Venture3,,4►'^.�-
ERIK VINK
American Farmland Trust
PAMELA WICINAS John Woodbury
South Livermore Valley Land Trust
DAN WILLIAMS
City of Palo Alto
5 T A F F
JOHN WOODBURY BAY AREA OPEN SPACE COUNCIL
Program Director 530 Bush Street, Room 303, San Francisco CA 94108 (415)398-3730 Fax: 398-6530
Robert and Zelda Angus
5500 Alpine Road
Portola Valley, California 94028
September 18, 1998
Mr. Craig Britton
General Manager
Peninsula Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Craig,
As you will recall, we spoke last month about our concerns regarding
conditions on your property adjacent to our residence on Alpine Road in
Portola Valley. The seriousness of this issue compels us to write this letter
reiterating those concerns.
Last winter's severe storms created a very large logjam of downed trees and
vegetation across Corte Madera Creek on your property upstream from our
house and a bridge used by ourselves and several other residents for primary
entrance and egress as well as access for emergency vehicles. Unless this
logjam is cleared prior to the coming storm season there is a very real danger
that major damage will be caused by those trees washing downstream along
with the huge surges of water that are characteristic of these conditions. We
believe that clearing this jam now will likely avoid serious and costly
problems later.
Craig, over the past few months there has been a concerted effort to clear the
creek. The town has removed many trees and other obstructions. We have
worked very hard to clear our property as well. We respectfully request the
Open Space District to move quickly to clear this potential problem this year.
Working together we can hopefully avoid further damage from the past and
future storms in the region.
You can count on our full cooperation and support in this endeavor.
Regard
Robert and Zel ngus
cc: Betty Irvine, Town of Portola Valley Engineer
Town of Portola Valley council members
Regional Open *ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
September 22, 1998
Robert& Zelda Angus
5500 Alpine Road
Portola Valley, CA 94028
Dear Robert& Zelda:
Thank you for your September 18 letter regarding the Corte Madera Creek log jam located
upstream from your property. After the winter we endured last year, I can understand your
concern that the logjam be removed prior to this year's storm season! District staff is currently
working to remove the log jam; I'd like to share with you our efforts to date, and our plan for
completing the project this fall.
District staff visited the site on several occasions to evaluate the bulk of the logjam and prepare
a schematic site plan. Based upon that information, we have formulated an approach to the
project and prepared a rough cost estimate. We believe our best approach will be to hire a
contractor on an hourly (time and materials) basis. We are currently contacting qualified
contractors to determine their interest and availability. By our estimation, we should be able to
clear the log jam with an excavator and operator in about three days.
Once we have located a qualified contractor and have a start-up date, we will be in contact with
you. In the meantime, if you have any questions about this project, please call Mary de
Beauvieres at(650) 691-1200. Thank you.
I
Si cerely,
L. g Britton
General Manager
330 Distel Circle Los Altos,CA 94022-1404 Phone:650-691-1200
FAX: 650-691-0485 - E-mail:rnrosd 0( openspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Miry C.Davey,led Cyr,David T.Striernoff,Nonette Hinko,Betsy Crowder,Kenneth C.Nitz - GeneralMarraget L.Craig Britton
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
September 18, 1998
Chairman Robert Wolf and Commissioners
California Transportation Commission
1120 N. Street, Rm. 2233
Sacramento, CA 95814
Subject: September 22, 1998 Commission meeting, agenda item 4.5, Federal TEA
Program Design
Dear Chairman Wolf and Commissioners:
On behalf of the Midpeninsula Regional Open Space District(MROSD), I am
writing in strong opposition to the revised proposal for the TEA program design that
would eliminate the Environmental Enhancement and Mitigation Program (EEMP) in
California.
The MROSD is an independent special district which acquires, preserves, and
manages open space lands in the San Francisco peninsula region. The District has
received a number of grants from the EEMP , resulting in enhanced recreational and
alternative transportation opportunities for the public.
The EEMP was established by the legislature and the voters. It seems clear that it
is not appropriate for the California Transportation Commission to make public policy
directly contrary to what the legislature and the voters have mandated. The District
strongly opposes the elimination of the EEMP, and the proposed transfer of Federal
Enhancement funds out of the TEA program. I trust that you will make the right decision
and vote to delete these objectionable provisions from the current proposal.
neerel
L Cra
General Manager
LCB/mcs
cc: Honorable Byron Sher
Honorable Ted Lempert
Honorable Jim Cunneen
MROSD Board of Directors
Secretary Douglas Wheeler, Resources Agency
330 Distel Circle * Los Altos, CA 94022-1404 Phone:650-691-1200
FAX:650-691-0485 - E-mail: mroscluopenspace.org Web site:www.openspace.org
Soxd of Ofrertors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz • Gene°r.3/Manager:L.Craig Britton
SAMPLE LETTER OF SUPPORT -MROSD HABITAT CONSERVATION FUND GRANT
September 18, 1998
Mr. Keith Steinhart
Project Officer, Local Services Section
Dept. of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-001
RE: Midpeninsula Regional Open Space District Grant Application-Addition to Lobitos Creek
Headwaters Project
Dear Mr. Steinhart:
I would like to express my strong support for the Midpeninsula Regional Open Space District's
Habitat Conservation Fund application for a$325,000 matching grant to acquire an addition to the Lobitos
Creek Headwaters Project.
This grant will help the District acquire a 53-acre property as an addition to its Purisima Creek
Redwoods Open Space Preserve in San Mateo County. In 1997,the District acquired the surrounding 48 1-
acre Peninsula Open Space Trust property with a grant from the Habitat Conservation Fund. That property
became part of the Purisima Creek Redwoods Open Space Preserve, and is now open to the public.
This 53-acre property,which could be developed with two home sites and is subject to future
logging activity,will not only expand public recreational opportunities at this preserve but will also
permanently protect certain unique wildlife habitats. The grant application(in the Anadromous salmonids
and trout category) is based primarily on the importance of this property in protecting upper Lobitos Creek
as spawning area and habitat for the Federally-threatened steelhead trout. In addition, this acquisition will
protect the habitats of the endangered red-legged frog and several species of special concern, including
Cooper's hawk, long-eared owl,golden eagle, osprey,and Western pond turtle. The property and
surrounding area is rich in wildlife, contains open grassland with panoramic views to the ocean,moss-
draped Douglas fir, and rugged ridges and redwood-filled canyons. District acquisition will permanently
preserve these features for future generations.
This project will add an immediate and significant enhancement to both resource and recreational
values. I urge you to ensure that the Midpeninsula Regional Open Space District receives funding for this
addition to the Lobitos Creek Headwaters Project.
Sincerely,
(your name)
cc: Midpeninsula Regional Open Space District
Identical letter sent to:
Sandy Nichols,Executive Honorable Rueben Barrales Audrey Rust,Executive
Director San Mateo County Board of Director
The Trail Center Supervisors Peninsula Open Space Trust
3921 E.Bayshore Road 400 County Center 3000 Sand Hill Rd.,4-135
Palo Alto,CA 94303 Redwood City,CA 94063 Menlo Park,CA 94025
Mary Burns,Director Honorable Rich Gordon Steve McCormick,Executive
San Mateo County Parks and San Mateo County Board of Director
Recreation Supervisors The Nature Conservancy
455 County Center 400 County Center 201 Mission St.4th Floor
Redwood City,CA 94063 Redwood City,CA 94063 San Francisco,CA 94105
Honorable Byron Sher Honorable Tom Huening John Woodbury
Member,California State San Mateo County Board of Bay Area Open Space Council
Senate Supervisors 530 Bush Street,Rm.303
702 Marshall Street,#290 400 County Center San Francisco,CA 94108
Redwood City,CA 94063 Redwood City,CA 94063
j
Honorable Tom Campbell
Member,United States House Clifford Janoff,Executive
of Representatives Director
910 Campesi Way,#1C Bay Area Ridge Trail Council
Campbell,CA 95008 311 California Street, Suite
510
Honorable Anna Eshoo San Francisco,CA 94104
Member,United States
Congress Julia Bott
698 Emerson Street Sierra Club
Palo Alto,CA 94301 3921 E.Bayshore Road
Palo Alto,CA 94303
Honorable Jim Cunneen
Member,California Assembly Jim Sayer
901 Campisi Way,#300 Executive Director,Greenbelt
Campbell,CA 95008 Alliance
530 Bush Street,#303
San Francisco,CA 94108
Honorable Ted Lempert
Member,California State Veryl Clausen,Executive
Assembly Director
4149-B El Camino Way Sempervirens Fund
Palo Alto,CA 94306 Drawer BE
Los Altos,CA 94023
Honorable Mike Nevin
San Mateo County Board of Honorable Barbara Boxer
Supervisors Member United States Senate
400 County Center 112 Hart Office Building
Redwood City,CA 94063 Washington,DC 20510
Honorable Mary Griffin Honorable Diane Feinstein
San Mateo County Board of Member,United States Senate
Supervisors 331 Hart Office Building
400 County Center Washington,DC 20510
Redwood City,CA 94063
RegionalOpen Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
September 18, 1998
(name)
(title)
(address)
(city state zip)
Dear(greeting):
The Midpeninsula Regional Open Space District is applying for a$325,000 Habitat Conservation Fund
(HCF)grant,and your assistance is crucial for the successful award of these funds. Tile District is seeking this grant
to help purchase a 53-acre property as an addition to the Lobitos Creek Headwaters Project,to be added to the
adjacent Purisima Creek Redwoods Open Space Preserve. In 1997,the District acquired the surrounding 481-acre
Peninsula Open Space Trust property with a grant from the Habitat Conservation Fund.This property adjoins that
acquisition.
This property offers an outstanding combination of resource and recreational values. It includes
headwaters of Lobitos Creek, critical habitat for spawning steelhead trout, and for the threatened red-legged frog.
Its redwood and Douglas fir forests, coastal chaparral, and grassy ridges are also rich in wildlife, are prime deer
and mountain lion habitat,and support several California Species of Special Concern including Cooper's hawk,
long-eared owl,golden eagle,osprey,and Western pond turtle. Acquisition will permanently protect these unique
resources and will also expand recreational opportunities at Purisima, one of the District's most popular open
space preserves. Outstanding wildlife viewing opportunities, panoramic views to the Pacific, and rugged terrain
make this addition even more important for the public benefit.
This is a rare opportunity and it would be very helpful if you could provide a letter of support for this
project. Please direct letters to Mr. Keith Steinhart,Project Officer,Local Services Section, Dept. of Parks and
Recreation,P.O. Box 942896, Sacramento,CA 94296-001, fax#(916)653-6511. Attached is a sample letter of
support that you may wish to use as a guide in preparing your letter. I apologize for the short notice; it would be
most helpful if your letter is sent as soon as possible,prior to the September 25 deadline. We would also appreciate
it if you provided our office with a copy.
Thank you for your continuing support of our goals of enhancing regional open space, preserving unique
wildlife habitat, recreation programs,and public access.
Sincerely,
Betsy Crowder
President Board of Directors
III
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.ol)etispace.org
Board of Directors:Fete Siemens,Mary C. Davey,led(yr,David T.Srnernoff, Nonette Nanko,Betsy Crowder,Kenneth C.Nitz - General Manager.I.Craig Britton
THE REDEVELOPMENT
AGENCY OF E CITY OF
September 17, 1998 R E D W O C I T Y
Board of Directors
Mid-Peninsula Open Space Dist.
330 Distel Circle
Los Altos, CA 94022
•
REDWOOD CITY, CA 940113
RE: The Proposed Fourth Amendment to the Redevelopment P H 4 1 5 . 7 8 0 7 2 9 1
Plan for Redevelopment Project No. 2 ("Fourth Amendment') F A X 4 1 5 . 7 8 0 . 0 1 2 8
T D D 4 1 5 . 7 8 0 . 0 1 2 9
The Redwood City Redevelopment Agency is sending this letter as an update on the
above referenced project. At the June 8, 1998 public hearing on the Fourth Amendment
project, the Agency BoarcliCity Councii passed a motion to continue the joint session, o;
this issue to Monday, September 28, 1998. It currently appears that there will not be a
quorum of the Council members able to vote on this issue at the September 28 meeting
' so the Fourth Amendment topic will be re-scheduled for discussion at the October 12,
1998 City Council/Agency Board meeting.
At the October 12, 1998 joint hearing, staff will recommend that the Agency Board/City
Council terminate all proceedings relating to the adoption of the Fourth Amendment.
This recommendation stems from the public input received at the hearing, in
combination with changes in the economy and the amendment proposal since this
process was started in 1994. In summary staff will recommend that the City
Council/Agency Board make a formal motion at the October 12, 1998 meeting to
abandon the adoption process for the proposed Fourth Amendment.
This letter is being sent to all those who spoke and submitted written comments at the
June 8, 1998 public hearing. The joint hearing on the 4tn Amendment was formally
continued to September 28, 1998, so the item will still appear on the agenda for
September 28, 1998. We understand that you may still wish to attend this September 28
meeting. However, we wanted to give you notice that there will be no action at this
meeting.
If you have any questions about this letter or require additional information, please call
Michael Cady, Redevelopment Specialist, at (650) 780-7294
Sincerely,
E:��
Michael Church
Executive Director
SEP 1 8
c: Taxing Agencies
r
Dedicated to opening the doors of opportunity for all residents and users of Redwood City programs,services,and facilities
1
22400 Skyline Boulevard
Box 25
La Honda, CA 94020
:.'
September 16, 1998 S E P 1 8 1 9 9 n
Craig Britton
General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Dear Craig:
I want to thank you and all your staff for dealing promptly with the dangerous
trail situation I mentioned to you in my letter of July 27. I've had several
conversations with rangers and technicians about this issue, and I was
particularly gratified at the response of Brian Malone. He listened to me gripe,
responded intelligently and calmly, and something got done. Once again, I hope
I speak for everyone on the hill when I say that your staff up here is the best
around. We are grateful for their skills and spirit in more ways than we can ever
say.
While I would like to reiterate that the gate is probably just fine left where it is,
your installing the barriers on the trail has made the possibility of a terrible
P tY
tragedy less likely, and this buys us a little time to make a good decision about
gate placement.
Thanks once again.
Warmest regards,
Cliff Jenkins
cc: MROSD Board of Directors S E P 1 8
Mary de Beauvieres r
Skyline Ranger Office
Land Trust
' For Santa Clara County
Santa Teresa Center•6146 Camino Verde Drive,Suite P, San Jose, CA 95119 1460•408-224 7476 Fax 408 224-7548
Board of Directors
Jerry Estruth .d :,1
President September 4, 1998
SEP 2� 1
Jim Compton
Vice President
Mr. L. Craig Britton
r - r
Chuck Reed General Manager
Secretary Midpeninsula Regional Open Space District
Sherri Stuart 330 Distel Circle
Treasurer Los Altos, CA 94022-1404
Janet Baird Burback
Dear Craig,
George P.Thomas,Jr.
Susanne Wilson Thank you very much for the letter to the Packard Foundation in support
of the Land Trust application. With excellent support and guidance from
the District and POST, we feel our Board of Directors has been making
important progress this past year. And, a grant from the Packard
Foundation will hasten the time for the Land Trust to become an active
participant in expanding the open space program the District started
here in Santa Clara County.
We appreciate the enthusiastic support of the members of your Board
and look forward to working cooperatively with the District as our
program develops.
Please call if you have questions or suggestions,
Yours truly,
l
JeW Estruth
President
Application #3175
cb mrosd 9/4/98
Regional Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
To: L. Craig Britton, General Manager
From: aicael Williams, Real Property Representative
Subject: Former TCI Site, Black Mountain, Monte Bello Ridge Open Space Preserve
Date: August 28, 1998
August 31, 1998 is our deadline to notify TCI of our intention to re-lease the site or have TCI
clean up the site. As you are aware, this site sits apart from the other communication sites on
Black Mountain. This site also has the most visual impact from surrounding trails and District
land. I received two proposals for the site, the best of which came from EROW with an initial
monthly base rent of$1,400 and 25% of gross fees, with income projected to approach
$3,000/mo within five years. I have also discussed the possibility of C&C expanding their site
with a new building and 130 foot guyed communications tower. C&C is interested in pursuing
this option, but are not able to commit to any financial terms without further analysis of the
construction costs involved in such an expansion. EROW has also expressed an interest in
upgrading or expanding their site.
As a Lessee, TCI was paying $7,695/month. Within five years, a new lease would bring
between $2,500/mo and $3,500/mo. In any event, the site would need to be upgraded with a
new guyed tower to replace the tower that collapsed this past winter, and the undergrounding
of additional phone lines. Since the TCI lease expired on 5/31/98, rental income from other
communications sites on Black Mountain has increased by $1,919 per month with future
increases projected at $1,835 per month within the next three to six months. Recent and
projected rental increases will total $3,754/mo.
It is my recommendation that we eliminate the TCI site and provide both C&C and EROW
opportunities to upgrade or expand their existing sites. This would consolidate the
one ride and improve future income potential on Black Mountain.
communication sites too ridge, p
I
i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
2200
i cl c!e a
RANCHO` �•
3 SAN 1'
ANTONIO
I OPEN SPACE
eel0 Road
__..,---�-,PRESERVE '1 ACE
0.4 - STANFORD ` !
.8 — 1 J 0.6 (WP03)
% EROW
i O� ti
MONTE BELLO ®O
OPEN SPACE _ -/�
'
PRESERVE, 16 Trail ` — r 0 O O 2800
Black Mountain;
C & C EQUIPMENT
o d
-trill
ean Creek
TCI (HERITAGE)
2600
1.2
ATTACHMENT 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 Mile
Regional Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager,
r
DATE: September 18, 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,led Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
Regional Open face a
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTE
R-OFFICE
CE MEMO
RANDUM UM
TO: C. Britton, General Manager
FROM: 11TWilliams, Real Property Representative
DATE: September 17, 1998
SUBJECT: Aitken et. al. Property Addition to Russian Ridge Open Space Preserve
Escrow closed for the subject transaction on September 9, 1998 and title to and possession of this 43 acre parcel
along with a Declaration and Covenant of Restrictions over the 6-acre Home Site owned by the Kennedys passed
to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of
Directors at their meeting of April 22, 1998. At your meeting of June 24, 1998, the Board approved an
Amendment to the Purchase Agreement providing for the reconfiguration of the Subject Property.
DEDICATION CHART INFORMATION
Dedication
Board Status
Approval Closing Dedication (Intended or
Preserve Area Grantor Date Date Date Acres Withheld?) Notes
Russian Ridge Aitken et.al. 4/22/98 9/9/98 43 Intended
6/24/98
Russian Ridge Kennedy 4/22/98 9/9/98 6 Intended Declaration &Covenant of
Restrictions over 6-acre
6/24/98 Home Site
cc: Board of Directors
D. Dolan
J. Escobar
B. Congdon
K. Hart
D. Vu
C:\FdRMS\CLASING.FRM
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
RUSSIANWIDGE OPEN SPADE PRESERVE
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.E..••.••.+C \\ 7"aSx�+, �.'�" R+�a.:\"� ,��•,\,. :e: ;4+`;�� .s� -'tits..:
:•ir'vvY ,F. +, '"�:.�•\' ^$ate,�\;/•.n,,,��•,`f K`'n t`,•}9-. yC �vf'`:• �} _
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4;v\p,+ :. •)t.�:4 ::[a.'r'4: �i:;i:;jii2i_}�:-?:;:
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\ byn�:.. ,{.,,_ k-:'y ,\ hf:;;;:;'::::fi:F'Y:{�::;`•:::::%•`:�:$:�::2:::::::::::;}:t:;:;::::i:��i"t:•i::�::•�`
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0
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•� '` ii J'' '•fi#'` •` \ OPEN SPACE ,'\. `\ •t Alpine Roadis •'` •... '•
{ ;{ managed and maintained
` PRESERVE �' ^ ��05 r �, b San Count
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't,:tits::.., n:..•xtY .:sue:
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(CCo2)
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220 PROPOSEDY ,3A, v: F;xmvwN" .
ACQUISITION
600 .�C�i tti• ..v .�W7�..;Nna';GLr:.N.•M:•n.:::��`:''<>...;. ( ✓'
v' (RR0 (AITKEN) ':t.:.,:�.,: xt os
.Sfi3`V':•.. r1l
approx. 44 acres , :.:.
.-.n.:.
/ > > kToo
\— O ado C� ( '<t<$?' z',•fr;.:
••.t:,zs�+Y ;� �-r � P � `�- •`-1 O`� - \ �.—._. > ?�f`s�c�^"` =>`a>v 4::
0.3 OS 2200
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\
MR
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vn� j�RUSSIAN 0.3 (cc01)
n..4.z�•
Ri
240oOPFNi0ACE %i"....i
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.
_
1600
\ o / -'� \ \
..1,800 .e 2200 `
o.3 P►Iptrte Ro 210o2000
}
I
0.2
1800
-�� 1.0 \ Vz
1.0
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Nl,\,`\ PRESERVE' r
600
tit f i `�� � '�:"e K• 3r � . ::-}::.,.x.?;rvx�{.
` ram, 144400 l` n
Alpine Creek ! <t�. \ gv�:v.,a ttFt 'A'*?,;x:;.
�'fi•:,:::Xy: i t:�:: •}'„�:.<:•"" n'+.-:�?;i r"'2S:G <icv�v::;(•i:;;:ts:;�--t, :Cv.. :"r:4.:
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-
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EXHIBIT A: SITE MAP 0.0 .1 .2 .3 .4 s .6 .7 .8r 9 1.0
One Mile
I
Regional Open Sptce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Malcolm Smith
September 11, 1998 Public Affairs Manager
(650) 691-1200
Open Space District To Appoint
New Board Member, Seeks Applicants
Los Altos, CA -- At its regular meeting of September 9, 1998 the Board of Directors of the
Midpeninsula Regional Open Space District decided to use the appointment process to fill a vacancy on
the Board. The appointment will fill the vacancy left by the departure of Ward 4 Director David
Smernoff, who announced his resignation from the Board, effective August 31, 1998. His term expires
in November, 2000.
The District is seeking applicants who reside in Ward 4, which includes the City of Mountain
View, the Moffett Field area, and north Los Altos (bounded by Adobe Creek, Foothill Expressway, and
Springer Road). The deadline for submitting applications is October 9, 1998. The Board will choose
applicants for the first round of interviews, which are scheduled for October 19, 1998. Final interviews
and the appointment are tentatively scheduled for October 21 and October 28, if needed. By law, the
appointment must be made by October 30, 1998. Applications are available at the District office, 330
Distel Circle, Los Altos. Additional information may be obtained by calling Peggy Coats, District
Administrative Analyst, at(650) 691-1200.
The vacancyleft b his departure can, b State law, be filled either b special election, b regular
Y p Y Y p Y g
election, or through appointment by the Board of Directors. The Board decided to use the appointment
p P g
process in order to expedite the fillip of the seat. The next available election would
be in June 1999
and the Board determined that it did not want the constituents in that area of the District -
a s ct to remain un-
represented resented for u to eight months. B using the appointment procedure the District will not have to bear
p p g Y g pp
up to $80,000 in expenses for a special election.
The procedure approved by the Board includes the advertisement for and solicitation of
applications for the seat, an application review period, two or three sets of public interviews, and a
public selection of the new Board member. The individual selected to fill the vacancy will serve the
balance of Director Smernoff s term, until November, 2000, at which time he or she may stand for
election.
(more)
330 Distel Circle - Los Altos, <A 94022-1404 . Phone: 650-691-1200
FAX: 650-691-0485 - E-mail: niroscl@or)ensr)ace.org * Web site:www.openspace.org
E"""l of f)i",(0 s:Pete Siemens,Mary C.Davey,led Cyr, David 1,Smernoff, Nonette Fianko,Betsy Crowder,Kenneth C. Nitz » Genera/Manager:t C:r<3ig Britton
In the past, mid-term Board vacancies to be filled by appointment have resulted in large numbers
of very qualified people submitting applications. The Board has interviewed up to seven individuals for
one seat, illustrating that this procedure garners a wide selection of candidates. With the interviews
taking place during public meetings, the community opportunity also has the o ortunit to be involved and assist
the Board in making a decision.
The Mid peninsula Regional Open Space Distric
t,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 b the public. The District's goals are to acquire a continuous greenbelt of protected open 1
Y p g q g p p space ands
for public use and enjoyment, and to preserve open space for future generations to enjoy. There are
approximately 20,000 - 30,000 acres of land still at risk of being lost to development within the District's
planning area.
The District is divided into seven geographic wards,each represented for a four year term by an
elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each
month at 7:30 p.m.,at the District offices.
Regional Open , ace
b p �
1
September 17, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mr. Glenn Wegner
10200 Hillcrest Road
Cupertino, CA 95014
Subject: Trail Use at Fremont Older Open Space Preserve
Dear Mr. Wegner:
i
Thank you for your August 9, 1998 letter regarding trail use and maintenance at Fremont Older Open Space
Preserve. Your letter was received after the deadline to be considered by the Board of Directors at their
August 12, 1998 meeting. The second meeting in August was canceled, making the September 9, 1998
meeting the first opportunity for the Board to consider your observations.
As a taxpayer-funded agency, we strive to balance and accommodate the interests of a wide variety of user
groups and constituents. As a frequent preserve visitor, I'm sure you are aware that Fremont Older Open
Space Preserve receives heavy use from a variety of user groups, including hikers, equestrians and mountain
bicyclists. In managing the preserve, we must consider all visitors to the multiple-use trail system. We have
an obligation to the public, as well as to preserve the natural resources, correct erosion problems, and lessen
or eliminate erosion potential, while maintaining the trails for public use. The same trail maintenance
standards are used on the District's remaining 22 open space preserves.
The dry soil conditions at Fremont Older, when combined with the level and type of use that the preserve
receives, require that the trails receive more frequent, ongoing maintenance than other, less popular
preserves. Horse hooves, bicycle tires and hikers' boots leave their mark on the trails and usually require
springtime maintenance to repair the winter's damage and ready the trail tread for the heavy use of spring,
summer and fall. From time to time, maintenance activities will cause unconsolidated soil conditions. This
is unavoidable. The maintenance is necessary, however, to restore proper drainage in order to minimize
erosion.
In any given year, we typically perform routine maintenance on about 25% of the District's 200 miles of
trail. Routine maintenance can include removing the encroaching vegetation from the sides of the trail, to
regrading the trail tread. Because of the sheer number of miles of trail we maintain, we cannot guarantee the
trail conditions visitors might encounter.
Again, thank you for writing to express your concerns.
Sincerely,
Betsy Crowder, President
Board of Directors
BC:mdb
cc: 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.orgJ
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
Claims No. 98- 7
K8eebnQS8'2O
Date: September 23. 19S8
Revised
� K8|OPEN|NGULA REGIONAL OPEN SPACE DISTRICT
� # Amount Name Description
4794 42.76 Ace Fire Equipment&Service Co., Inc. Fire Extinguisher Service
� 4705 409.44 Acme&Sons Sanitation, Inc. RaenzonnMaintenance
� 4796 42.00 All Laser Service Printer Maintenance
�
4797 400.00 Anderson, Randy Reimbursement Membership& License Fee
4788 28.80 AT&T Telephone Service
4799 466.54 Automatic Rain Co. Baokf|mwEnc|osune �
�
4800 65.00 Berry's Pest Control, Inc. Bi-monthly8anvicm
4801 30.00 Best Internet Communications Internet Service
4802 887.40 Big 4Rents BockhoeRenbe|-Re:troomProject
4803 792.00 Brian KongoaFou|kEngineers Teague Hill Consulting Report
4804 66.00 Bruce Barton Pump Service, Inc. Service Call 'Smith Well
4805 461.08 Car|eenBruino Reimbunsement--Airfore- NA| Conh*nenue
4806 108.16 Carolina Biological Supply Co. Microscope/Lens Cleaning Kit
4807 61.39 Ceroonihe International Corp. Signs
4808 6.500.00 Clevenger Reality Appraisal Corp. Appraisal
4809 60.54 Coastsida Gas Service Propane
4810 132.58 Cole Supply Co.. Inc. Reatnoom8upp|ien
4811 395.73 Oompurun Computer Upgrade �
�
4812 3.631.50 Cotton Shires Associates Schilling Spillway Project Consultant
4813 5.969.98 Coyote Creek Riparian Station Resource Management Equipment
�
4814 48.60 Dennis Danielson Reimbursement--Storage Tubs �
4815 3.082.23 Design Concepts Newsletter
4816 8.800.00 Done Right Roofing &Gutters DechRep|amnment- EnborprioeRmnba|
4817 21.87 Emergency Vehicles Systems Spotlight Repair �
4818 70.50 FedEx Express Mail Service
4819 50.00 °1 Felton Fire Protection Dist. Training'Seminars
4820 3.225.00 First American Title Ins. Co. Escrow Deposit �
� 4821 1.090.000.00 First American Title Ins. Co. Grainger Acquisition
4832 20.76 Foster Brothers Security Systems Locks& Keys
4823 525.52 Ganden|ond Power Equipment Field Supplies
� 4824 170.84 (Snnniterooh Field Supplies
� 4825 3.267.50 Groanbe|tA||ionoe/Gneen|nfo Map Supplies
'
4826 110.00 GnoonVVaete Recovery, Inc. Skyline DumpoharService
4827 33.77 GTE Wireless Cellular Phone Service
4838 138.50 Guy Plumbing & Heating, Inc. GmaLinmCop- EnhorphaeRenba|
4828 101.13 Home Depot Field Supplies
4830 610.00 HondaPeninou|o/Duomti Fire Pump
4831 3.324.15 Irvine&Cooper, Law Offices LeOa| Feoo
4832 1.315.43 Jakaby Engineering La Honda Barn Repair Contractor
4833 98.34 JEDA Publications, Inc. K8ap/BroohunoPrinting
4834 100.00 Johnson Mapping Software Software Upgrade
4835 22.00 Kevin'e Auto Repair Smog Testing
4836 2.650.00 Ki||roy Pest Control, Inc. Fumigation - Enterphee Residence
4837 42.87 Ninho'o Printing Services
4838 1.301.80 Ko|etzke. Anne FEK8AConeu|ting
4839 73.03 Lob Safety Supply First Aid Nibs
4840 175.83 Langley Hill Quarry Rock-Chorooa| Road Repairs
Pagel
Claims No. S847
Meeting 98-20
Date: September 23. 1998
Revised
K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
48*/ 1,861�89 Lanier Worldwide, Inc. Copier Lease �
4842 1.296.00 Learning Institute, The Computer Training Vouchers
4843 453.74 Los Altos Garbage Co. DumpobarGervine �
4844 373.00 Lund-Peareon-K8cLough|in Fire Protection Qyod S Year Test-Fire System
4845 93.50 K8oKowan. Pou| Reimbunooment-ComputerC|aem/Sofbmare
4846 396.05 yNetnoK8obi|aCommuninetione Radio Repair& Maintenance
4847 920.00 Micro Accounting Solutions Computer Repairs
4848 187.03 Mid-Peninsula Electric Wiring Repair
4849 9.20 Moffett Supply Co. Sanitation Supplies
4850 351.81 °2 Chris Newcomb Custom Framing Custom Frames-Staff Appreciation Event
4851 812.15 Office Depot Office Supplies
4852 836.55 Orchard Supply Hardware Field Supplies
4853 380.01 [}dendi Trailer, Inc. Brake Service
4854 1635.19 Pacific Bell Telephone Service
4855 270.78 Pearson O|dmmobi|e'PonUoo-GK8CTruck Vehicle Repair& Maintenance
4856 662.76 PIP Printing Maps& Brochure Printing
4857 276.64 Pitney Bowes Credit Corporation Postage Meter Lease
4868 214.00 Town ofPodo|eValley Town Engineer Services
4869 197.86 Rich's Tire Service Tine Repairs
4860 4.303.98 Roy'o Repair Service Vehicle Repairs
4861 &GO Santa Clara County LAFCO Resource Document
4862 843.00 Santa Clara Co. OopL of Environmental Health Storage Permit--Hazardous K8abaria|a
4863 324.26 °3 Santa Clara Co. Dept, of Environmental Health Disposal Fee--Hazardous K8abaha|o
4864 189948 °4 Saratoga Springs Recognition Event Catering &8iba
4865 6026 Scotts Valley Sprinkler Field Supplies
4866 8010.46 Scribner Graphic Press, Inc. Printing
4887 718.70 Signs of the Times Signs
4868 247.72 Skyline County Water District Water Service
4868 17.98 Skywood Trading Post Fuel
4865 750.52 Steven's Creek Quarry, Inc. Rip Rap Rock
4866 200.00 Sunset Coast Nursery Technical Review
4867 1.125.58 Systems For Public Safety Personal History Investigation Service
4868 2.948.81 Teaher& Etc. Maps
4869 6.027.13 U. S. Bank Trust National Association Pnomimsary Notes Paying Agent
4870 2.019.26 Visa 58.63 Fire Bags/Fuel
�
� 69.78 Frames/Stamps/Envelopes
1449.58 College C|aoo/Con[/GiftCorte.
� 60.62 Gate--Windy Hill
� 38O�G4 AidineTickets-Land Trust
� Alliance Conference
4871 300.00 Rich Voss Trucking, Inc. Rock Delivery
4072 112.45 Vu. Ooug|os Personal Vehicle Expense
4873 187.08 VVACCorp. Aerial Photography
4874 300.48 West Group Computerized Legal Research
4875 300.00 Wolfe, Roberta Recording Services
4876 153.08 Zodak. Lioa Personal Vehicle Expense
4877R 648.50 Teoter& Etc. Map Graphics
Page 2
Claims No. 98-17
Meeting 98-20
Date: September 23, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4878R 119.05 Doug Vu Reimbursement--Computer Accessories
4879R 669.15 Petty Cash Local Business Meetings, Private Vehicle
Expense, Postage, Resource Documents,
Staff Appreciation Event Supplies, Office
Supplies, Field Supplies and Computer
Accessories
*1 Urgent Check Issued Se tember10 1998
9 p
*2 Urgent Check Issued September10, 1998
*3 Urgent Check Issued September10, 1998
*4 Urgent Check Issued September15, 1998
TOTAL 1,182,720.81
Page 3
I
Claims No. 98- 7
| MeedngSB-2O
Date: September 23. 1998
K8|DPBN|NGULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4794 42.76 Ace Fire Equipment& Service Co., Inc. Fire Extinguisher Service
4796 400.44 Acme&Sons Sanitation, Inc. ReotnzornMaintenance �
4786 42.00 All Laser Service Printer Maintenance
4797 400.00 Anderson, Randy Reimbursement Membership& License Fee
4798 28.80 AT&T Telephone Service
4799 466.54 Automatic Rain Co. BachOmwEnc|osure
4800 65.00 Berry's Pest Control, Inc. Bi'month|y8ervime
� 4801 30.00 Best Internet Communications Internet Service
�
� 4802 887.40 Big 4Rents BackhoeRanba|-RaotnoomProject
48O3 702�OO Brian KmngoaFou|kEngineers TeogueHi|| Coneu|UngRepo�
�
4804 66.00 Bn/ma Barton Pump Service, Inc. GonviceCoU-GmithVVeU
4805 451.00 CadeenBruins Reimbureoment--Airfona' NA| Conference
4806 109.18 Carolina Biological Supply Co. Microscope/Lens Cleaning Kit
4807 81.29 Caraonibe International Corp. Signs
4808 6.500.00 Clevenger Reality Appraisal Corp. Appraisal
4808 60.54 Coeetoide Gas Service Propane
4810 132�58 Cole Supply Co.. Inc. ReotnoomQupp|iao
4811 395.73 Compu/un Computer Upgrade
4812 3.831.50 Cotton Shires Associates Schilling Spillway Project Consultant
4813 5.068.96 Coyote Creek Riparian Station Resource Management Equipment
4814 48.60 Dennis Danielson Reimbursement--Storage Tubs
4815 3.062.23 Design Concepts Newsletter
4816 8,600.00 Done Right Roofing &Gutters Deck Replacement' Enterprise Rental
4817 21.87 Emergency Vehicles Systems Spotlight Repair
4818 70.50 FedEx Express Mail Service
4819 50�00 °1 Felton Fire Protection Dist. Training 'Seminars
4820 3.225.00 First American Title Ins. Co. Escrow Deposit
4821 1.090.000.00 First American Title Ins. Co. Grainger Acquisition
4822 20.76 Foster Brothers Security Systems Locks& Keys
4823 525.52 Gonden\and Power Equipment Field Supplies
4824 170.84 Gnoniterook Field Supplies
4825 22G75O Greenbelt Map �
. � �
4826 118UO GneonVVoet� Reooxery. |no� Skyline� �
4827 3377 GTE Wireless Cellular Phone Service �
4828 138.50 Guy Plumbing & Heating, Inc. GaeLineCap- EnterphsaRenba|
� 4829 1O1�13 Home Field Supplies
� _-,-'
4830 610.00 Hondopeninoula/OuoaU Fire Pump
� 4831 3.334� � �15 Irvine Lega| Fees
�
� 4832 1.315.43 JahobyEnginmahng Lo Honda Barn Repair Contractor
4833 98.34 JEDA Publications, Inc. K8ap/BroohunaPhnbng
4834 100.00 Johnson Mapping Software Software Upgrade
4835 22.00 Kevin'o Auto Repair Smog Testing
4836 2.550.00 NiUroy Pest Control, Inc. Fumigation - EnhorprioaReoidenmy
4837 42.87 Kinko'e Printing Services
4838 1.201.00 Ko|etzhe.Anne FEyWAConsu|dng
4829 73.03 Lab Safety Supply First Aid Kits
4840 175.83 Langley Hill Quarry Roch-Charcoe| Road Repairs
� Page
�
|
� Claims No. B8- 7
| Meeting 98-20
Date: September 23. 1008
K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4841 1,861.89 Lanier Worldwide, Inc. Copier Lease
4843 1.396.00 Learning Institute, The Computer Training Vouchers
4843 453.74 Los Altos Garbage Co. DumpaterSen/ima
4844 373.00 Lund-Pearson-McLaughlin Fine Protection Syet S Year Test--Fire System
4845 S3�5U WYoKowon. Pau| Reimbursement--Computer Class/Software
�
�
4846 396.05 N1etroK8obi|eCommunicatione Radio Repair& Maintenance
4847 920.00 Micro Accounting Solutions Computer Repairs
4848 187.03 Mid-Peninsula Electric Wiring Repair
4849 9.20 Moffett Supply Co. Sanitation Supplies �
4850 351.81 °2 Chris Newcomb Custom Framing Custom Frames--Staff Appreciation Event
� 4851 612.15 Office Depot Office Supplies
4852 836.55 Orchard Supply Hardware Field Supplies
�
4863 380.01 C)dendi Trailer, Inc. Brake Service
4854 1635.19 Pacific Bell Telephone Service
4855 270.78 Pearson O|damobi|e'PonUeo-GyNCTruck Vehicle Repair& Maintenance �
4858 582.76 PIP Printing Maps& Brochure Printing
4857 275.64 Pitney Bowes Credit Corporation Postage Meter Lease
4898 214.00 Town ofPorto|aValley Town Engineer Services
4859 187.66 Rich's Tire Service Tire Repairs
4880 4.303.99 Roy'e Repair Service Vehicle Repairs
4861 8.50 Santa Clara County LAFC(] Resource Document
4882 843.00 Santa Clara Co. Dept. of Environmental Health Storage Perm it--HazardousyWotaha|e
� 4863 324.26 °3 Santa Clara Co. Dept. of Environmental Health Disposal Fee--Hazardous Materials
4884 1889.48 ^4 Senobuge Springs Recognition Event Catering & Site
4865 80.26 Scotts Valley Sprinkler Field Supplies
4866 9010.46 Scribner Graphic Press, Inc. Printing
4867 716.70 Signs of the Times Signs
4868 247.72 Skyline County Water District Water Service
4869 17.99 Gkywood Trading Post Fuel
4865 750.52 Steven's Creek Quarry, Inc. Hip Rap Rock
4866 200.00 Sunset Coast Nursery Technical Review
4867 1.125.60 Systems For Public Safety Personal History Investigation Service
4068 2.849.81 Tmob*r& Etc. Maps
4868 6.037.13 U. 8. Bank Trust National Association Pnomimoory Notes Paying Agent
�
4870� 2.019.26 Visa 58.63 FineBagy/Fuml
6978 Frames/Stamps/Envelopes
�
� 1449.59 College C|ooa/Con[/GUtCmrte.
60.62 Gate--Windy Hill
380.64 Airline Tickets--Land Trust
Alliance Conference
4871 300.00 Rich Voss Trucking, Inc. Rock Delivery
4872 112.45 Vu. Ooug|on Personal Vehicle Expense
4873 187.00 VVACCorp. Aerial Photography
4874 300.48 West Group Computerized Legal Research
4875 300.00 VVolfa, Roberta Recording Services
4876 153.08 Zadek. Lisn Personal Vehicle Expense
Page
Claims No. 98-17
Meeting 98-20
Date: September 23, 1998
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
*1 Urgent Check Issued Se tember10 1998
g p
*2 Urgent Check Issued September10, 1998
*3 Urgent Check Issued September10, 1998
*4 Urgent Check Issued September15, 1998
TOTAL 1,181,283.11
Page 3