HomeMy Public PortalAbout19990224 - Agendas Packet - Board of Directors (BOD) - 99-06 Regional
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-06
SPECIAL.AND REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
6:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
February 24, 1999
*** PLEASE NOTE***
6:30 P.M. Closed Session Start Time
7:30 P.M. Public Meeting Start 77me
(6:30) ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS
CLOSED SESSION
The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the
Special Meeting Closed Session to the conclusion of the Public Meeting, and at the
conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed
Session.
1. Conference With Real ProWa N go is or- Government Code Section 54956.8
Real Pro ny: 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.
Agency Negotiators: L. Craig Britton and Susan Schectman
Negotiating Parties: Arlie Land&Cattle Company, John Musumeci
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
(7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS
** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR --J. Cyr
*** APPROVAL OF MINUTES
December 14, 1998 (Consent Item)
*** WRITTEN COMMUNICATIONS
330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 6 i0-691-1200 �a
LAX: 650-691-048 5 . r-nail: rnrosd0i)openspace.org . Web site:www.openspace.org
Boatr/of Dire tar :t ete Siemens,Mary C. Davev,led Cvr, t emic 1 ittle, Nona?tit H.inko Bekv(iowdet, K.m
.. enneth< .Nib � t;ener,rl�i rna:;t�r:l (t.IIC Iaritttn
Meeting 99-06 Page 2
BOARD BUSINESS
(7:45) 1. Tentative Adoption of a Comprehensive Use and Management Plan Amendment for a
Trail Use Plan for Study Area 2 of El Corte de Madera Creek Open Space Preserve;
and Determination that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act-- M. de Beauvieres
(8:30) 2. Proposed Addition of Foster Property and Gift of Peninsula Open Space Trust
Property to Saratoga Gap Open Space Preserve; Determination that the
Recommended Actions are Categorically Exempt from the California Environmental
Quality Act; Tentative Adoption of the Preliminary Use and Management Plan
Recommendations, Including Naming the Property as an Addition to Saratoga Gap
Open Space Preserve; and Indicate the Intention to Dedicate the Properties as Public
Open Space at this Time -- D. Woods
Resolution Accepting Gift of Real Property and Authorizing Execution of Certificate
of Acceptance with Respect Thereto (Saratoga Gap Open Space Preserve - Lands of
Peninsula Open Space Trust)
*** 3. Final Adoption of an Amendment to the Use and Management Plan for the Mt.
Umunhum Area of Sierra Azul Open Space Preserve for the Establishment of an
Employee Residence in the Vicinity of Hicks Road -- M. Freeman
*** 4. Authorization for the President of the Board or Other Appropriate Officer to Execute
the Notice of Completion and Acceptance of Work for the Bridge Replacement
Project at the La Honda Creek Open Space Preserve --J. Cahill
(8:45) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
CLOSED SESSION - (Continued, if necessary)
ADJOURNMENT
*NOTE. limes are estimated and items may appear earlier or later than listed. Agenda is subject to
change of order.
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item
is considered by the Board of Directors. You may address the Board concerning other matters during oral
communications. Each speaker will ordinarily be limited to 3 minutes.
Alternately, you may comment to the Board by a written communication, which the Board appreciates.
***All items on the consent calendar shall be approved without discussion by one motion. Board members,
the General Manager, and members of the public may request that an item be removed from the Consent
Calendar during consideration of the Consent Calendar.
Regional OperApace
........................ ..................................�_
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL MEETING
ADMINISTRATION AND BUDGET COMMITTEE
AGENDA
12:00 P.M. Pete Siemens, Chair
February 22, 1999 Ken Nitz
Deane Little
(12:00) ROLL CALL
ORAL COMMUNICATIONS - Public
ADOPTION OF AGENDA
(12:05) COMMITTEE BUSINESS
1. Follow-up Review of 1999-2000 Proposed Budget for Acquisition and
Enterprise Program -- M. Williams
2. Follow-up Review of 1999-2000 Proposed Budget for Administration Program
-- D. Dolan
3. Controller's Report -- M. Foster
4. Review Salary and Benefit Data for Office, Supervisory, and Management Staff
5. Status of Exemplary Service Award Program for Office, Supervisory, and
Management Staff
6. Proposed Agenda Items for Next Committee Meeting
(1:30) ADJOURNMENT
The Administration and Budget Committee will be
meeting on the following dates to review the District's
proposed budget for the 1999-2000 fiscal year:
Wednesday February 24, 1999 - 5:00 P.M.
330 Distel Circle * Los Altos, CA 94022-1404 * Phone:650-691-1200
FAX:650-691-0485 9 E-mail:mrosd@openspace.org * Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
Regional Opet. ,pace
1
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL MEETING
ADMINISTRATION AND BUDGET COMMITTEE
AGENDA
5:00 P.M. Pete Siemens, Chair
February 24, 1999 Ken Nitz
Deane Little
(5:00) ROLL CALL
ORAL COMMUNICATIONS - Public
ADOPTION OF AGENDA
(5:05) COMMITTEE BUSINESS
1. Review of Overall Budget with the Target Average Six Percent Growth
Guideline for Operating Expenses -- C. Britton
2. Preparation of Administration and Budget Committee Report on 1999-2000
Proposed Budget -- P. Siemens
3. Establishment of a Salary Review Schedule for the General Manager, Legal
Counsel, and Controller -- C. Britton
4. Schedule Additional Committee Meetings as Needed
(6:30) ADJOURNMENT
330 Distel Circle e 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,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
Regional Openypace
a
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-30
SPECIAL MEETING
BOARD OF DIRECTORS
December 14, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:30 P.M.
Members Present: Betsy Crowder, Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter
Siemens, and Deane Little
Members Absent: None
Personnel Present: Craig Britton and Sue Schectman
II. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:32 P.M. and the Closed Session commenced at 6:35
P.M. The Board concluded the Closed Session at 7:25 P.M. and B. Crowder called the Regular
Meeting to order at 7:34 P.M. She noted that no reportable actions had taken place in Closed
Session.
Additional Personnel Present: Del Woods, Deirdre Dolan, and Susan Dale
III. ORAL COMMUNICATIONS
There were no oral communications.
IV. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the motion.
The motion passed 7 to 0.
V. BOARD BUSINESS
A. Agenda Item No. I—Review of 1997-1998 Actual Budget Expenditures, Mid-Year
Review of 1998-1999 Budget, and Review of Proposed 1999 Financing
130 Distel Circle * Los altos, CA 9402 2-1 404 Phone: 650-691-1 200
FAX: 650-691-0485 . F-mail: mrosd )openspm e.org Web site:www.opensp.tce.org
l3oarrl nt/)ire'[tors Petr Siemens, ti1ary C Davey, I<'l( fir,Deane Little, Nonet �to Hanko, Betsy C rn�tider, Kennt°ih C.Nitz . Gener.rttil anarev t t raig t,riuon
Meeting 98-30 Page 2
Motion: N. Hanko moved that the Board accept the report of the Administration
and Budget Committee and the Controller's Mid-Year Financial Review.
K. Nitz seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2—Authorization to Execute and Deliver a Site Lease, Project Lease,
Purchase Contract, and Other Items Required to Allow for the Issuance and Sale of
$31,000,000 of Midpeninsula Regional Open Space District Financing Authority 1999
Review Bonds; Approval of Agreement for Bond Counsel Services with Orrick,
Herrington& Sutcliffe, and Setting of Public Hearings on January 12 and 13, 1999 for
Approval of Financing and Findings Pursuant to Government Code Section 6586.5
M. Foster stated there were several very favorable factors that made this the most
advantageous financing opportunity ever; tax revenue is escalating, interest rates are very
low in the Bond market, and the Bond insurance market is very competitive for offerings
like ours. M. Foster introduced Tom Lockard who represents the proposed underwriting
firm of Stone& Youngberg and Carlo Fowler who represents the proposed bond counsel
firm of Orrick, Herrington& Sutcliffe. He stated both firms have served in their
respective roles in past District debt issues and both have done an outstanding job.
M. Foster reviewed a graph that depicted the pay out of the new debt service. Tom
Lockard detailed the payment system and Carlo Fowler presented a historic review of the
District's Note borrowing.
K. Nitz requested clarification and definitions for several phrases and terminology used
throughout the Bond documents. Tom Lockard and Carlo Fowler began answering his
questions.
D. Little suggested that due to the unexpected amount of time being spent on this item,
that the Board suspend review of this agenda item no. 2 until after the Financing
Authority's Meeting as a courtesy to Supervisor Joe Simitian, who is in the audience, as
he is on the Governing Board of the Authority.
Motion: P. Siemens moved that the Board adjourn the Special Meeting and
reconvene following the meeting of the Financing Authority. J.
Cyr seconded the motion. The motion passed 7 to 0.
Discussion: C. Britton mentioned that K. Nitz is also on the Governing Board of the
Financing Authority and to suspend this item without completely
reviewing and answering his questions now would not save any time as a
Financing Authority Board Member versus a District Board Member. C.
Britton recommended the Board move forward on this item before
adjourning to the Financing Authority's meeting.
Motion to
Rescind: P. Siemens moved to rescind the prior motion. J. Cyr seconded the
motion. The motion passed 7 to 0.
Meeting 98-30 Page 3
K. Nitz continued querying for clarification and definitions for several phrases and
terminology used throughout the Bond documents. Tom Lockard and Carlo Fowler
finished answering his questions.
Motion: N. Hanko moved that the Board adopt Resolution 98-54 authorizing
the execution and delivery of a site lease, a project lease, and a continuing
disclosure agreement, and approving a preliminary official statement and
approving certain other matters in connection therewith; set Public
Hearings for the Board of Directors of the Midpeninsula Regional Open
Space District to be held Tuesday, January 12, 1999 at the Town of
Portola Valley's Town Hall, 765 Portola Road, Room 8 and Wednesday,
January 13, 1999 at the District's Administrative Office at 330 Distel
Circle, Los Altos for approval of financing and findings pursuant to
Government Code Section 6586.5; and approve the Agreement for Bond
Counsel Services with Orrick, Herrington& Sutcliffe of San Francisco.
M. Davey seconded the motion. The motion passed 7 to 0.
At 8:50 P.M. the Special Meeting of the Board of Directors of the Midpeninsula Regional Open
Space District adjourned in order to convene a Special Meeting of the Midpeninsula Regional
Open Space District Financing Authority. The Special Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District reconvened at 8:58 P.M. after the adjournment of
the Financing Authority Meeting.
C. Agenda item No. 3—Annual Dedication Report
Motion: N. Hanko moved that the Board adopt Resolution 98-55 dedicating
interests in certain District lands for public open space purposes.
K. Nitz seconded the motion. The motion passed 7 to 0.
VI. INFORMATIONAL REPORTS
J. Cyr presented staff a Y2K work program check sheet that may help organizations avoid any
computer problems in the year 2000.
VII. ADJOURNMENT
At 9:10 P.M.,the meeting was adjourned.
Susan Dale
Recording Secretary
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
S�r� oa Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directives)
Couutrq Club L
No Response Necessary
P.O.Box 2759
Saratoga, California 95070
(408) 253-0340
(408) 2534056 Fax
February 6, 1999
Board of Directors
Midpeninsula Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Re: Minute corrections for minutes of November 18, 1998
Board of Directors:
Upon reviewing minutes for the Special meeting on November 18, 1998 I found the
summary of my comments to be incomplete. Please revise them to include the following:
1) Saratoga Country Club was in operation before MPOSD purchased the land adjacent
to the club. The green next to the parking lot in question was in place before the
parking lot was constructed.
2) No permits were obtained for the original construction of the parking lot. No safety
study was done for the parking lot.
3) The safety of the users of the lot is the responsibility of MPOSD.
4) The proposed expansion of the existing lot is not as safe as the current lot(which is
also unsafe).
I would also like Randy Anderson's acknowledgement that no permits were obtained for
the construction of the parking lot to be included in the minutes.
I would also request that Earl Harris' explanation of the development of the parking lot to
be included in the minutes. In summary, Earl Harris' comments were as follows:
Basically the current lot existed only as an over-pour of asphalt prior to MPOSD
purchase of the property. It was after MPOSD purchased the property that the parking lot
was developed.
While I understand that the person transcribing the minutes must make judgements as to
what statements are important, several points that are very important to the Club's
position on this matter were omitted. The Club wants the chronology of the development
of the parking lot to be part of the record of this meeting. Also, documentation of my
FEB 9 1999
comments regarding safety to be part of the minutes. This is especially true and fair as
statements by S. Schectman regarding liability are documented earlier in the minutes.
Additionally for your clarification, I am referred to in the minutes as Joe Kalin but my
name is spelled Joe Callan. Please make the corrections as indicated above to the
minutes of November 18, 1998 to accurately reflect the discussion that occurred. I
request that a revised copy of the minutes be forwarded to me at Saratoga Country Club.
Sincerely,
Joe allLager
Gene
Regional Open pace
C.7 7r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FOR BOARD CONOKD%�
Joe Callan
General Manager
Saratoga Country Club
P.O. Box 2759
Saratoga, California 95070
Re: Corrections to minutes for meeting of November 18, 1998
Dear Mr. Callan:
Thank you for your letter of February 6, 1999 regarding the draft minutes for our November
18, 1998 meeting. The Board reviewed your letter at its regular meeting last night. We
apologize for the misspelling of your name, and are sorry that you are not satisfied with the
detail of the minutes. The minutes typically are prepared to reflect the sense of what is said,
and are not intended to be a literal transcript.
As your letter states your position more clearly than our revision of the minutes could, we
propose to let your letter stand as a record of the Country Club's position, rather than to revise
the minutes. While we acknowledge your position on these issues, the District's position is
that the lot pre-existed the District's purchase of the property. The lot was never "developed";
rather the use for parking has simply continued. The conflict exists because golf balls are
leaving the Country Club's property and entering the District's property. Regardless of which
use was established first, our position is that the Country Club is responsible for preventing
golf balls from coming off its property and impacting adjacent property.
The District has completed a thorough study of alternatives and cost for location and siting of
parking, and has determined that the public cost to move and/or cover the parking area to
avoid the golf ball impacts is prohibitive, especially given that the responsibility for the
conflict is the Country Club's. Nevertheless, we hope to work with the Country Club to find
an amenable, practical solution, and hope that we can keep the lines of communication open.
Sincerely,
Jed Cyr, President
Board of Directors
JC:ra
cc: MROSD Board of Directors
330 Distel Circle * Los Altos, CA 94022-1404 9 Phone: 650-691-1200
FAX:650-691-0485 * E-mail:mrosd@openspace.org * Web site:www.openspace.org
Board of Directors:Pet,Siemens,Mary C.Davey,led Cyr,Deane Little, Noneue Hanlo, Belv Crowder,le,,Kenneth C. N itz . General Manager:L.Craig Britton
ional Open )ace
..
R-99-34 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-06
February 24, 1999
AGENDA ITEM 1
AGENDA ITEM
Tentative Adoption of a Use and Management Plan Amendment for the Study Area 2 Trail
Use Plan for El Corte de Madera Creek Open Space Preserve
ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exe pt from the California
Environmental Quality Act as set out in this report.
2. Amend the Comprehensive Use and Management Plan for El Corte de Madera Creek Open
Space Preserve to include the Study Area 2 Trail Use Plan as contained in this report.
3. Tentatively adopt the Study Area 2 Trail Use Plan for El Corte de Madera Creek Open
Space Preserve, including the amendments contained in this report.
BACKGROUND
At your June 17, 1998, meeting, you determined that the actions recommended in the Trail
Use Plan for Study Area 2 of El Corte de Madera Creek Open Space Preserve were
categorically exempt from the California Environmental Quality Act (CEQA). You amended
the Comprehensive Use and Management Plan for El Corte de Madera Creek Open Space
Preserve to include the Study Area 2 Trail Use Plan, and tentatively adopted the Study Area 2
Trail Use Plan with several amendments.
The amendments resulted from public comment received at the June 17, 1998, meeting. The
first amendment concerns the disposition of several trail segments: Trail Segment 79,
commonly called "Devil's Staircase," and Trail Segments 87 and 90, or the "Outhouse Trail."
You also amended the plan to consider designation of the Sierra Morena Trail as a hiking-only
trail. The amendments to the Trail Use Plan are discussed in greater detail below.
The attached maps (see Exhibits 1 and 2) reflect the tentatively adopted Trail Use Plan for
Study Area 2.
Summary of Public Comment from the June 17, 1998, Meeting
Public comment concerning the Trail Use Plan may be summarized into several categories.
Some members of the public expressed a desire for a variety of trail experiences on the
preserve, in particular, the "technical" challenge for mountain bicyclists afforded by Trail
Segment 79 or 87 and 90. Some speakers also voiced a desire for a more direct route leading
to the interior of the preserve. They mentioned that by moving quickly through Study Area 2
i 10 Distel Circle . t.os Altos, CA 94022-1404 m Phone:650-691-1 200 �1�
FAX: 650-691 04£37 - F-mail: Wets site:www.opensl>ace.or'g
Bwrd rn Otto tors:Pete sie nion,,Nix? C. IL3\ty, led(vr, Deane Little,` one°tte Ii,7nko,Brt,v(rmvdei, Kenneth�N �h C Vitz � GenE°r��f tiiu�.�f;er:I ( rai!;lit it
R-99-34 2
and into the interior of the preserve, the likelihood of trail use conflicts might lessen. The
proposed parking area near the Gordon Mill Trailhead is expected to increase the numbers of
trail users in the area nearest the parking area. Generally, most hikers tend to concentrate near
the parking areas.
Other public speakers voiced concerns over the safety of the trail segments in question due to
physical characteristics such as steep, eroded trails. The trail system will most likely
experience an increase in hiker use upon development of the proposed parking area. Concerns
were also expressed over an increased potential for user conflicts due to the anticipated
increase in use.
Following the public discussion, recommendations 2.10, 2.13, and 2.14 as contained in the
Trail Use Plan were deleted, by a 4-3 vote of the Board. The three recommendations are
listed below.
Trail Use Plan Recommendations (Study Area 22
2.10
e"mxifnately 100 feet of Segment :79 is needed at its j tmetieft with the G ordeft Mill
Trl.
2.13 Glese:Fre6l Segment 8:7. Retain the upper peffien ei the NvA for use dder-ing thee
2.14 Giese aftd restore Tmil Segment 90.
In place of these three recommendations, staff was directed to offer a substitute trail route,
generally following the alignment of Segments 87 and 90. The intent of providing an alternate
route is to allow a "short-cut" through the Study Area. Preserve visitors desiring a more
remote trail experience could then move through the heavier use areas surrounding the
proposed parking area and into the interior of the preserve more rapidly.
In addition, by a 6-1 vote of the Board of Directors, Recommendation 2.21 was amended as
follows:
2.21 Designate all of the retained, realigned or new trails outlined in the Trail Use Plan for
Study Area 2 as multi-use trails (ineludirig with the exception of the Sierra Morena
Trail).
Staff was directed to return to the Board with a recommendation regarding retention of the
Sierra Morena Trail as hiking only.
R-99-34 3
Trail Segment 79
The deleted recommendation (2.10) concerning Trail Segment 79, commonly known as
"Devil's Staircase", does not address the section of the trail segment between the Sierra
Morena Trail and its junction with Gordon Mill Trail. The task force recommendation to close
and restore this entire trail segment was amended by the ad hoc committee prior to your June
17, 1998, meeting. At your June 1998 meeting, you deleted the amended recommendation to
retain Trail Segment 79 between its junction with the Sierra Morena Trail and its connection
with the Gordon Mill Trail, including realignment of the trail junction with Gordon Mill Trail.
Staff supports the deletion of recommendation 2.10, but further recommends that the plan be
amended to address the section of Trail Segment 79 between the Sierra Morena Trail and
Gordon Mill Trail. Staff recommends returning the original task force recommendation to
close and restore Trail Segment 79 in its entirety to the plan.
Substitute Alignment for Trail Segments 87 and 90
In order to determine if a substitute trail route was possible, staff first conducted a detailed
trail profile exercise for the two trail segments. Each trail segment was walked and the
physical characteristics recorded at minimum 100-foot intervals. Significant changes in grade,
width, or other characteristics of the trail were noted at more frequent intervals. The
information was recorded in table form and plotted graphically (see Exhibits 3 and 4).
A survey of the terrain surrounding the trail segments was conducted to determine if an
alternate alignment could be constructed. If the surrounding terrain is suitable for trail
development, then appropriate sections of the existing trail segments could be used and the
steeper, more eroded portions of the route realigned. However, upon staffs investigation, the
terrain around the problematic areas was found to be very steep and not desirable for new trail
construction. Evidence of active landsliding further restricts the possibility of successful
realignment.
Retaining the trail in its current state is not recommended. Slightly more than half of the total
combined length of the two trail segments exceed a grade of 15%. A maximum grade of 37%
was recorded for Trail Segment 87. The District standards for trail construction typically
require grades of 10% or less. Steeper grades accelerate water movement down the trail,
increasing the potential for erosion. If left in its current alignment and incorporated into the
District's trail system, this trail would be one of the steepest trails in the entire preserve.
This preserve currently offers 36.5 miles of designated trails for visitor use and enjoyment.
This trail route is about 1,900 feet long, or 0.35 miles long. It makes up less than 1% of the
preserve trail system. The experience offered here is several minutes long to the average
mountain bicyclist, who will spend several hours, if not the better part of a day, enjoying the
remaining trail system of the preserve.
An alternate alignment between Trail Segments 79, and 87 and 90 already exists. The Gordon
R-99-34 4
Mill Trail is located between the two alignments and can serve the purpose of moving trail
users through the higher use area surrounding the proposed parking area. The patrol road is
suitable for multiple use. Staff continues to support the task force recommendation to close
and restore this trail segment.
Sierra Morena Trail Use Designation
The trail use designation of the Sierra Morena Trail was also a topic of much discussion at the
June 17, 1998, meeting. By a 6-1 vote, staff was directed to return to the Board with
recommendations regarding retention of the Sierra Morena Trail as hiking-only.
The Sierra Morena Trail was constructed to meet the District's multi-use trail standards. The
trail is six feet wide, and was constructed to a grade of about 10%. The trail was constructed
to replace an informal multi-use alignment paralleling Skyline Boulevard. Some portions of
the informal route were retained as part of the Sierra Morena Trail. Other steep or eroded
portions of the route will be closed and restored. They are not suitable sections to retain due
to their physical characteristics and due to their close proximity to the newly constructed Sierra
Morena Trail.
One of the Trail Use Plan goals is to create a perimeter trail. This would allow preserve
visitors to utilize the entire trail system of the preserve without the use of the surrounding road
system. By designating the Sierra Morena Trail as hiking only, bicyclists and equestrians
would be obligated to find an alternate route for this significant portion of the perimeter trail
system. Vehicle traffic on Skyline Boulevard can be very heavy at times and an on-site trail
would be preferable. In addition to high levels of use on the highway, this is also one of the
highest use portions of the preserve.
Designation of the Sierra Morena Trail for hiking only use also creates a management problem
for District field staff. The trail may be accessed by a series of other multiple use trails. This
allows many opportunities for non-compliance, particularly if the Sierra Morena Trail offers a
shorter route on the return trip to the visitors vehicle. While it may be desirable to offer
hikers a hiking-only opportunity, staff does not feel this is the trail to accomplish that goal.
Staff does not recommend retention of any portion of the Sierra Morena Trail for hiking only.
Summary of Recommendations (Amended - See Exhibit 5)
2.10 Close and restore Trail Segment 79 immediately.
2.13 Close and restore Trail Segment 87 immediately.
2.14 Close and restore Trail Segment 90 immediately.
2.21 Designate all of the retained, realigned, or new trails outlined in the Trail Use Plan for
Study Area 2 as multi-use trails (including Sierra Morena Trail).
R-99-34 5
In light of the length of time which has passed since the last meeting on this Trail Use Plan,
staff recommends you confirm your tentative adoption of the plan at this time. Staff will
return with a final adoption recommendation in about one month.
Public Notification
Copies of the meeting agenda were sent to 275 individuals that have expressed an interest in
the trails at El Corte de Madera Creek Open Space Preserve. In addition, a copy of the staff
report was posted on the District's web site. Subscribers to District agendas or other board
packet materials also received notification.
CEQA COMPLIANCE
Project Description
This project description reflects the Trail Use Plan indicated in Exhibit 5. This project
includes the development of a Trail Use Plan for a small area of El Corte de Madera Creek
Open Space Preserve, known as Study Area 2. The project also includes the implementation
of the Trail Use Plan which will entail closure and restoration of some unauthorized trail
routes, realignment of other routes, and new trail construction of approximately 2.2 miles of
multiple use trail. Implementation of this Trail Use Plan will retain approximately the same
number of trail miles (7.0) by constructing 2.2 miles of new trails, repairing 1.7 miles of trail,
and eliminating 1.6 miles of unauthorized trails. If the amendments contained in report R-98-
80 are approved, an additional 0.3 miles of unauthorized trail would be closed and restored.
Fences, gates, and signs will be installed to direct trail users to designated trails and to restrict
entry into areas undergoing restoration. In addition, a trail bridge will be constructed at the
creek crossing near the Timberview Trail as part of the trail development.
A trail crossing on Skyline Boulevard is recommended to connect the Bay Area Ridge Trail to
trails on the preserve. To accomplish this, trail rights or easements will need to be obtained.
Trail construction on the east side of Skyline Boulevard is proposed on private property and
within Caltrans right of way. Preliminary investigation indicates the crossing can be safely
provided by installing appropriate signs required by Caltrans. It is not clear at this time who
the appropriate lead agency is in undertaking this aspect of the Trail Use Plan.
Project Determination under CEQA
The project is categorically exempt under sections 15303, 15304 and 15061 of the California
Environmental Quality Act Guidelines.
Categorical Exemption 15303 - New Construction or Conversion of Small Structures
The trail bridge to be installed near the Timberview Trail will be approximately six feet wide
and approximately 20 feet in length. Footings will be small and placed on existing banks with
no disruption to the creekbed. Gates and fences will be under five feet in height and not
obstruction to wildlife movement.
R-99-34 6
Categorical Exemption 15304 -Minor Alterations to Land
Trail construction will consist of minor grading and clearing of vegetation in order to provide
four- to six-foot-wide trails with unobtrusive cut and fill side slopes. Trail grades will
generally be under 10% and drainage designed to minimize soil erosion. Trail alignments in
the Trail Use Plan are general and subject to minor changes during the construction phase to
protect sensitive resources. Techniques for eliminating and restoring unauthorized trails will
be site specific and may include soil decompaction, brush packing, seeding and drainage
controls. A trail crossing on Skyline Boulevard will also be a minor alteration and replicate
other similar highway crossings permitted by Caltrans, which require sufficient line-of-sight
and a crossing sign to provide safe access across the road.
The Trail Use Plan qualifies under both sections. In addition, the actions proposed in the Trail
Use Plan are exempt under section 15061, as there is no possibility the actions may have a
significant effect on the environment.
Prepared by:
Mary de Beauvieres, Acting Senior Planner
Ana Montano, Planning Technician
Contact:
Same as above
El Corte de Madera Creek Open Space Preserve
TRAIL USE PLAN STUDY AREAS
Hiking Only Trails
Multi-Use Trails
Swett Road Patrol Routes/Multi-Use Trails
Temporarily Closed Trails
zzao moo'
20001.0
;
(CM01)
�' Win `�rci r•� - •;.., •oi7ra�i Skeggs
{/ � �a Q Sandstone Point
0.9 j 0
t� ,,.� rmation
1.0
if
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STUDY AREA•1 )
/J C vista , I ..�® �,�Iah ;
r 2000 ..Point— `10N"�._„ 0.2 < t
r % C. 0....*.7 0.1 1 d1 �0' - (C M02)
m 07o a�� D.3 ry ` `. 0.3
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•..
1600 ,lam j\.. �� • r ...0.7 t t •. (CM03)
r�_, °Sl)° 1 iSTU,DY)oAREA 2
o.a A oa s/ STUDYf AREA-3 ®- 'o., 1 t 0.3
% �y/ ' -� �+ .�a•/i. l sue® L� (CM04)
04(
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1800
(CM1o) yP. \vA, )
+ Virgitaa \'\♦ / ^ I�4/ 00�. � \2000
+♦ � (STUDY AREA 4 - 0.2
1 1.3 ®06)
06 04.2
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f 18Q0
'�_ all T► �\
soo 1000 1200 _lam lsao ✓�
17118198
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0
EXHIBIT 1 °°•M
Alternate 1 : p P osed Trail Use PIA. �: Stud Area 2
y
El Corte de Madera Creek Open Space Preserve
Multi-Use Trails
Close and Restore
Skeggs Point Trailhead
(CM01)
c�Arai/
' Hiking Only Trail
e aSkeggs
Point New Construction/Realignment
0.2 (Multi-Use)
i .
z
•9 i
5 i7;
.o ,
:•, Is Is ON
� s '� •• Methuselah Trailhead
®(CM02)
0 0.3
0.1
oft .110
do, odd
ti 1 0.4� i N•
0.51 791
°' c 0. •Orena Tra Gordon Mill Trailhead
few 4% (CM03)
t'
0.7 ��LU --t}.4 85 Propttss��l ir(:i,af�
0 3% 1 �� -87 %
90 ♦ 0.3
O 0.3 0 � (CM04)
0.2 0.8���`
OO
0.3
0.50.5
r
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i
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Study Area 2
Context Map
not to scale
EXHIBIT 2 (as amended June 17, 1998)
EL CORTE DE MADERA TRAIL USE PLAN: STUDY AREA 2 EXHIBIT 3
PHYSICAL TRAIL CHARACTERISTICS OF SEGMENTS 85, 87,AND 90
STATION DISTANCE FROM GRADE WIDTH (FT) NOTES
NO. START POINT(FT)
SEGMENT 85
1 100 -15% 8
2 200 -5% 8 Offshoot at 267'
3 300 -7% 8
SEGMENT 87
4 400 -3% 8 Beginning of segment 87
5 500 -18% 8 Trail narrows,some exposed bedrock
6 542 -21% 8 Beginning of steeper section
7 624 -34% 8
8 712' 23% 8 Exposed bedrock,evidence �- e o of troughing
9 801 -37% 8 Second bypass route formed due to troughing ,.t �.�>
10 850 -14% 8 Low spot, collection of silt
11 929 12% 8 AS
12 1007 -23% 8 Some siltation,tread OK
13 1100 -15% 8 Good tread,-A, `".
14 1200 -9% 8 Good tread
15 1308 -13% 6 Good treadIMMMAM Falls!
16 1358 1% 6 Good tread
17 1400 2% 8 Good tread
18 1500 2% 8 Good tread
19 ,,, 1600 -13% 6 Switchback =
20 1650 -14% 8 Evidence of downhill troughing
21 1700 -27% 6 Crosses broken waterbar
22 1760 -27% 6 Bedrock exposed,siltation at low spot
23 1800 -17% 6 Erosion visible,slight troughing
SEGMENT 90
24 1874 -17% 8 No drainage features
25 1900 -9% 8 Good tread
26 2000 -8% 6 Good tread-, =`
27 2082 -10% 8 Good tread
28 2200 -12% 4 Low spot at end of station,''location of old outhouse
29 2240 3% 4
30 2300 18% 8 Trail heads downhill to boggy area
31 2400 4% 4 Multiple boggy area,creek crossing
32 2500 7% 4 Multiple boggy area,creek crossing
33 2600 6% 4
34 2685 2% 4 Junction with voodoo trail,water spilling from adjacent pond
35 2700 2% 10
36 2800 2% 10
37 2850 6% 10 Junction with Gordon Mill Trail
Total Distance: 1874 ft.
Study Area 2
El Corte de Madera Trail Profile for Segments 85, 87, & 90
450 - —
Junction with O Station
Gordon Mill Trail
400 Grades Under 15%
1
2 3
4 — Grades Over 15%
350 5 -
7
300 8 - - - -
9
12
o 250 -- - 1 -
> 13
w 14
200 - 15 19 -- - - —
m 1
c
U 150 - - - 23
126
7 9
334343t637
100 - -- 30 -31 2 - -
Junction with
Segments 91 & 92
50 - -- - --
SEGMENT SEGMENT 87 SEGMENT 90
85
0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N M ,4 U) CO I` CO M O N CO �t U) CO P- 00 M O N M 'It U-) CO � CO M O
N CV CV N N M
Distance (ft)
EXHIBIT 4
Alternate 2: PA posed Trail Use Plak ,. Stud Area 2
p y
Ell Corte de Madera Creek Open Space Preserve
Multi-Use Trails
Close and Restore
Skeggs Point Trailhead
_ .. W(CM01)
•�Trai/
New Construction/Realignment
o° (Multi-Use)
r Q Skeggs
0.2 Point
�`` s•Q
3'
_ . s1l ON
Methuselah Trailhead
�CM02)
0 0.3 0.1 ~
�1 .4
0_OV
0.5
�� c °ren a/ Gordon Mill Trailhead
1� 0 0.s a Tr,
% 0 0.2
(CM03)
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%
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Study Area 2 not to scale
Context Map
EXHIBIT 5 (as recommended February 24, 1999)
Regional Open pace
A
1
R-99-35 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-06
February 24, 1999
AGENDA ITEM: 2
AGENDA ITEM
Proposed Addition of Foster Property and Gift of Peninsula Open Space Trust Property to
Saratoga Gap Open Space Preserve
ASSISTANT 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 resolutions authorizing purchase of the Foster property and accepting
the gift of the Peninsula Open Space Trust Property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained
in this report, including naming the property as an addition to Saratoga Gap Open Space
Preserve.
4. Indicate your intention to dedicate the properties as public open space at this time.
DESCRIPTION(see attached Location Map)
The 184-acre Foster property and 17.4-acre Peninsula Open Space Trust (POST) property are
located west of the Town of Saratoga near the intersection of State Highway 9 (Congress Springs
Road) and Redwood Gulch Road. The two undeveloped properties are contiguous to one
another and lie to the east of the former Girdner property which was added to the Saratoga Gap
Open Space Preserve in November 1998. The properties include over I1/< miles of road frontage
along State Highway 9, a State and County scenic road. Situated on steep north-facing slopes,
the property is comprised of densely forested ridges, deep canyons, and perennial creeks. The
properties are a natural extension of the adjacent open space preserve and include an extension of
a prominent ridgeline and trail that descends from Skyline Boulevard to State Highway 9 and
Redwood Gulch Road. The addition of these properties will preserve a significant portion of a
scenic highway, valuable watershed and wildlife habitat, and important regional trail connections.
The irregular-shaped Foster property is comprised of three contiguous parcels that are bounded
by District land and the POST gift parcel to the west, private property to the south and east, and
State Highway 9 to the north. A small portion of the Foster property does extend to the north
side of the highway near the northwest boundary. The acquisition includes a concurrent lot line
adjustment that will leave one 8f acre parcel under private ownership on the north of State
Highway 9. This parcel is bisected by Redwood Gulch Road and Camp Swig, a large property
used for a children's summer camp, is located directly to the east.
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,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
R-99-35 Page 2
The properties are generally very steep and rugged with dense forest and deep canyons. The most
dominant landscape feature is a long and narrow ridge descending in the northeast direction from
the hilltop on the former Girdner property to State Highway 9. Mixed evergreen forest is most
common throughout the property but patches of oak woodland are located along the main ridge
at the lower elevations. To the north and south of the ridge, there are deep ravines with redwood
forest and perennial creeks flowing in an easterly direction toward Saratoga Creek. An attractive
redwood grove, referred to as Cathedral Canyon by the seller, is located near the bottom of the
southernmost ravine. The sellers have a special interest in protecting this grove from future
development because it is an area they have dedicated to a deceased family member.
A second minor ridge also descends from the former Girdner property to State Highway 9 in the
northwestern portion of the Foster property and POST parcel. A dramatic s-curve in the highway
generally forms the north boundary of the Foster property, although a short section of the
highway passes through the property to the east of the POST parcel which is very steep and
forested. Two relatively gentle and open slopes are located along the ridge south and east of the
s-curve. The larger of the two areas encompasses approximately five acres of open grassland and
is located directly south and uphill from the highway near the northwest boundary. At one time,
this was the site of a small-scale shooting range and there are remains of targets and stations.
Since this is one of the few areas on the property that is not densely forested, it offers broad views
of surrounding hills and the Saratoga Creek Canyon. A second grassland area is located east and
below the highway's upper hairpin turn.
Improvements to the property are limited to gates, roads, trails, water system, and minor
structures. There are four unsurfaced driveways entering the property along State Highway 9, and
a trail accesses from the southwestern corner. Two of the driveways enter the north and south
canyons to the west of Redwood Gulch Road. The southern driveway extends west to Cathedral
Grove and climbs over the main ridge to the north canyon where it connects to the second
driveway intersecting State Highway 9. On top of the main ridge, an intersecting trail climbs in
the southwest direction where it connects to the former Girdner property. There are also two
driveways entering the property from the highway on the east and west side of the s-curve. The
lower one is extremely overgrown and inaccessible by vehicle due to a major slipout. The second
driveway near the northwest boundary climbs to the former shooting range where there are
remains of target and shooting stations. Improved springs and water tank are located near the
north canyon driveway and State Highway 9 and serve the adjacent parcel being retained by the
owner.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located within an unincorporated area of the County of Santa Clara and zoned HS
(hillside), requiring one dwelling unit per 160 acres, unless the development is clustered, whereby
the allowable density is determined by the "20-160 acre variable slope density formula" and is
based on the average steepness of the property. The Foster property is comprised of three legal
R-99-35 Page 3
parcels, one of which is being retained by the seller, and two that are being acquired by the
District.
The Santa Clara Countywide Trails Master Plan shows the Bay Area Ridge Trail paralleling
Skyline Boulevard and connecting Saratoga Gap to Sanborn Skyline County Park. Potential
regional trail connections between the Bay Area Ridge Trail, Lower Stevens Creek County Park
and Sanborn County Park may exist in the vicinity of the properties. Future development of
public access facilities will take into consideration the sellers desire to protect the Cathedral
Canyon area. Public access is currently unavailable and will have to be carefully planned due to
the dangerous condition of roadside parking and trail crossings along State Highway 9.
The property is rated in the District's Open Space Master Plan as having high composite open
space values and is important in terms of potential outdoor recreation, wildlife habitat, and scenic
qualities.
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.
Public Access: No public access at this time until comprehensive land use planning can be
completed.
Dedication: Indicate your intention to dedicate the properties as public open space at this time.
Name: Name the properties as an addition to Saratoga Gap Open Space Preserve
Signs: Install preserve boundary and closed area signs where appropriate.
Site Safety Inspection: Inspect the property to determine if there are hazards that need to be
mitigated.
CEOA COMPLIANCE
Project Description
The project consists of the acquisition of a 184-acre property and gift of a 17.4-acre property as
additions to Saratoga Gap 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 Saratoga Gap Open Space Preserve. The land
will be permanently preserved as open space, a portion will be open to the public and maintained
in a natural condition.
R-99-3 5 Page 4
CEOA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(the California Environmental Quality Act)under Article 19,
Sections 15316, 15317, 15325, and 15061 as follows:
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural
condition, and the management plan proposes to keep the area in a natural condition. The use
and management plan specifies the land will not be developed and will remain in a natural
condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will acquire fee interest and maintain the open space character
of the area. Eventually, public trail use will be allowed, but no new development is proposed as
part of this project.
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 Saratoga Gap Open Space Preserve.
This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section 15061, as there is no possibility the actions may
have a significant effect on the environment.
TERMS AND CONDITIONS
The purchase price of the 184-acre Foster property is $800,000 which is payable in cash at the
close of escrow. The property consists of two legal building sites. The purchase price has
been determined to be fair and reasonable based upon real estate market activity in this area.
The purchase agreement provides for the close of escrow to be extended to allow the seller to
complete a tax deferred property exchange.
The sellers have agreed to sell this vacant land to the District and retain the 8± acre
residentially improved parcel on the north side of State Highway 9 (See Exhibit A). To
separate the seller's retained parcel from the vacant land, the District will incur survey costs of
approximately $5,000. As part of this transaction, the seller is reserving a water easement
benefitting the retained parcel. The seller is responsible for survey costs of the water
easement. As part of this transaction, the District has also agreed to preserve the area referred
to as Cathedral Canyon. The preservation of Cathedral Canyon does not prohibit the District
from using existing logging roads to build a potential trail corridor in the future.
The generous gift of the 17.4-acre POST property will round out and combine District land
ownership in this area. In 1982, POST received a gift of this property from the Zabel brothers
in connection with the District's purchase of the 107-acre Zabel property on the north side of
R-99-3 5 Page 5
State Highway 9 as an addition to Saratoga Gap Open Space Preserve (see report R-82-35).
The gift of the POST property combined with the 184-acre Foster property will add over 201
acres to the Saratoga Gap Open Space Preserve and ensure the protection of this scenic area
along State Highway 9.
BUDGET CONSIDERATIONS
1998-1999 Budget for Land Acquisition
New Land Budgeted for Acquisition $11,303,000
New Land Purchased this year (3,653,250)
Foster Acquisition proposed on this agenda (800,000)
Acquisition Budget Remaining $6 8,4 '75
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
property was identified as an important addition to the Saratoga Gap Open Space Preserve for
watershed, wildlife habitat, and scenic qualities.
PUBLIC NOTIFICATION
Owners of privately owned properties located adjacent to or surrounding the subject property
have been notified of this transaction.
Prepared by:
Del Woods, Senior Management Specialist
Michael C. Williams, Real Property Representative
Contact Person:
Michael C. Williams, Real Property Representative
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE 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 (SARATOGA GAP OPEN SPACE
PRESERVE - LANDS OF FOSTER)
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 Geraldine Green Foster et al.,
and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by
reference made a part hereof, and authorizes the President or appropriate officers to execute the
Agreement on behalf of the District.
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to
execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to 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 $10,000 to cover the
cost of title insurance, escrow fees, survey costs 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$800,000 from the proceeds of the next long-term District note
issue. This Section of this Resolution is adopted by the Board of Directors of 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.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ACCEPTING GIFT OF REAL PROPERTY AND
AUTHORIZING EXECUTION OF CERTIFICATE OF
ACCEPTANCE WITH RESPECT THERETO (SARATOGA GAP
OPEN SPACE PRESERVE-LANDS OF PENINSULA OPEN
SPACE TRUST)
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,with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this
reference made a part hereof, and to be conveyed by Gift Deed from Peninsula Open Space Trust to the
Midpeninsula Regional Open Space District.
Section Two. The President of the Board, or other appropriate officer, is authorized to execute a
Certificate of Acceptance for said Gift Deed conveying title to the property being donated to the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice to
the donors of the acceptance of this gift. The General Manager is further authorized to execute any and all
other documents necessary to the closing of this transaction.
Section Four. The General Manager of the District is also authorized to expend up to $5,000 to
cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction.
SARAT49GA GAP OPEN SPACE i'RESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Steve
��CjnyO�R
Proposed Gift
{
✓ -�' �~ (POST, 17.4 acres)
Saratoga Open Space Preserve �I , ; , �. , •per ,. n
E
Seller's Retained Parcel
(Former Girdner i.•� f ;t�l
a Property) t
Proposed Acquisition
U-T, (Foster, 184 +/- acres)
Castle Rock
State Parka
Sanborn -Skyline Park 5:=
EXHIBIT A: Proposed Acquisition Scale: 1 inch = 1125 feet
1125 563 0 1125 2250 Feet
PURCHASE AGREEMENT
This Agreement is made and entered into by and between GERALDINE
GREEN FOSTER, Trustee of the Geraldine Green Foster 1987 Trust, as to an undivided 1/2
interest and GERALDINE GREEN FOSTER and THOMAS N. FOSTER, III, as Co-Trustees
of the Bypass Trust per paragraph tenth (B) under the last Will and Testament of Thomas
Newton Foster, also known as T. N. Foster, also known as "Newt" Foster, Deceased, as to an
undivided lia interest, hereinafter called "Seller" and MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5
of the California Public Resources Code, hereinafter called "District."
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space
and recreational value, located within an unincorporated area of the County of Santa Clara,
and being more particularly described within the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological, recreational, and aesthetic resources of the
midpeninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to
District, and District wishes to purchase said property upon the terms and conditions set forth
herein.
AGREF,MEN'T
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's real property located within an unincorporated area of the
County of Santa Clara, State of California, containing approximately One Hundred Eighty-
four (184±) acres, more or less, and commonly referred to as Santa Clara County Assessor's
Parcel Numbers 503-36-024, 503-36-025 and 503-42-01; provided that Seller shall retain a
water supply easement over said property as further described in Section 2 herein below, and
as shown on Exhibit"B" as attached hereto and incorporated herein by this reference. Said
property is further described in the Legal Description attached to Preliminary Title Report
number 98170824 from North American Title Company, a copy of said preliminary title report
attached hereto as Exhibit "A", and incorporated herein by this reference. Said property is to
be conveyed together with any existing easements, rights of way, or rights of use which may
Purchase Agreement Page 2
be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or
affixed thereto. All of the said real property and appurtenances shall hereinafter be called the
"Subject Property" or the "Property".
2. Retention Water Supply Easement. The Property being acquired by District
shall be encumbered by a nonexclusive easement in favor of Seller for the existing water tank,
two spring boxes and appurtenant water lines located along the drainage on the south side of
Congress Springs Road and running east to the Seller's retained parcel (the "Retained Parcel")
which is located on the north side of Congress Springs Road on the real property of Seller
commonly referred to as Santa Clara County Assessor's Parcel Number 503-36-023, and as
shown on Exhibit "B". The water supply easement (the "Water Easement") shall be for the
unlimited use of water for domestic purposes which may include a swimming pool,
agricultural uses, for example, orchard or vineyard. The Water Easement shall be limited to
and appurtenant to the Retained Parcel and shall not be used for any other parcel of real
property nor for commercial purposes. The Water Easement shall include ingress and egress to
maintain, operate, repair, secure and replace the existing water tank, two spring boxes and
water lines, collectively the "water facilities", which store and transport water to the Parcel
being retained by Seller. The Water Easement shall be limited to the replacement of the
existing water facilities and no new additional structures or facilities of any kind shall be built
or added to the water facilities. If the Water Easement is abandoned for a period of three
years by Seller or their successor or assignees, this Water Easement will be of no further force
or effect and Seller or their successor shall quitclaim any and all interest in said Water
Easement to District. Seller and District further agree that a survey of said easement location
shall be completed. Seller shall hire and pay for a licensed land surveyor acceptable to the
parties hereto (hereinafter "Surveyor"), to perform the survey work described herein. It is
further understood that the map (Exhibit "B"), shall be an acceptable representation of the
Water Easement until such time as the legal description is prepared by the surveyor. The
Seller shall have until December 31, 1999 to complete said legal description and submit an
acceptable easement deed for execution by District, which shall be recorded by District to
replace said Exhibit B, which thereafter shall have no force and effect.
3. ,Surma. Seller's real property is presently one larger property and Seller and
District agree that one condition of the Closing (as defined in Section 5 herein) is that District
shall complete prior to Closing the survey process, including as soon as practicable, after
recording of the Grant Deed, the recordation of a Record of Survey with the County of Santa
Clara to accomplish constructive notice of the property division to create and separate the
Retained Parcel as shown on Exhibit B. In accordance with California Government Code
Section 66424 and 66428 (the Subdivision Map Act), public agencies are afforded certain
exemptions; however, District understands that Seller desires a Certificate of Compliance or
other evidence that Seller's Retained Parcel is a legally subdivided parcel and District agrees to
diligently pursue to completion the process necessary to provide this assurance from the
County of Santa Clara. The Certification of Compliance or other evidence that Seller's
Purchase Agreement Page3
Retained Parcel is a legally subdivided parcel shall be provided by the District, at District's
cost.
4. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be Eight Hundred Thousand and No/100 Dollars ($800,000.00), which shall be paid in
cash at the "Closing" as defined in Section 5 hereof.
5. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 14 herein, an escrow shall be opened at North American Title Company, 335 North
Sant Cruz Avenue, Los Gatos, CA (408) 395-9008 (Escrow number 98170824) or other title
company acceptable to District and Seller (hereinafter "Escrow Holder") through which the
purchase and sale of the Property shall be consummated. A fully executed copy of this
Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow
Holder; provided that the parties shall execute such additional supplementary or customary
escrow instructions as Escrow Holder may reasonably require. This Agreement may be
amended or supplemented by explicit additional escrow instructions signed by the parties, but
the printed portion of such escrow instructions shall not supersede any inconsistent provisions
contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the
terms of this Agreement, the documents and monies to be deposited into the escrow as herein
provided, with the following terms and conditions to apply to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or
before February 25, 2000, provided however that escrow may close sooner upon District
receiving a 30 day written "Request to Close Escrow" from Seller if and when the Seller has
arranged for a tax deferred 1031 property exchange as further described in Section 5G herein,
and that the parties may, by written agreement, extend the time for Closing. The term
"Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant
Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara
County.
B. Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessary or appropriate to consummate
the purchase and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing an executed
and recordable Grant Deed, covering the Property as described in said Exhibit "A".
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
00
Purchase Agreement
(ii) District's check payable to Escrow Holder in the amount of Seven
Hundred Ninety Thousand and No/100 Dollars ($790,000.00), which is the balance of the
Purchase Price of Eight Hundred Thousand and No/100 Dollars ($800,000.00) as specified in
Section 4. The balance of$10,000.00 is paid into escrow in accordance with Section 14 of
this Agreement.
E. District shall pay the escrow fees, the CLTA Standard Policy of Title
Insurance, if required by District, and all recording costs and fees. All other costs or expenses
not otherwise provided for in this Agreement shall be apportioned or allocated between District
and Seller in the manner customary in Santa Clara County. All current property taxes on the
Property shall be pro-rated through escrow between District and Seller as of the Closing based
upon the latest available tax information using the customary escrow procedures.
F. Seller shall authorize North American Title 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$800,000 for the Property showing title to the Property vested in fee simple in
District, subject only to: (i) current real property taxes, (ii) exceptions 3, 4, 5, 6 and 7 as
listed in that certain Preliminary Report number 98170824 as issued by North American Title
Company dated January 11, 1999, (iii) retention of a Water Supply Easement by Seller as
described in Section 2 herewith, and (iv) 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. It is understood by the parties that the Seller anticipates arranging for a
1031 tax deferred exchange of property (the "Exchange") involving the sale of the Subject
Property to District. To accommodate the Exchange and upon receipt of a written 30-day
Request to Close Escrow from Seller, the District shall be prepared to close escrow within
30 days from receiving said notice. It is the intention of the Seller to coincide the Closing of
the Subject Property with the separate sale of the Seller's 8 t acre Retained Parcel in the
Exchange; however, it is also understood by the parties that District's purchase of the Subject
Property is not contingent or in any way conditioned upon an Exchange or the separate sale of
the Retained Parcel by Seller. Regardless of wether Seller arranges for an Exchange,
District's purchase of the Subject Property and Closing thereof shall occur no later than
February 25, 2000.
H. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller Escrow Holder's check for the full purchase price of
the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to
II
Purchase Agreement Page 5
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.
6. Rights and Liabilities Regarding Close of Escrow of the Parties in the Event of
Termination. In the event this Agreement is terminated and escrow is canceled for any reason,
all parties shall be excused from any further obligations hereunder, except as otherwise
provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and
severally liable to Escrow Holder for payment of its title and escrow cancellation charges
(subject to rights of subrogation against any party whose fault may have caused such
termination of escrow), and each party expressly reserves any other rights and remedies which
it may have against any other party by reason of a wrongful termination or failure to close
escrow.
7. 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).
8. Seller's Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
representations and warranties to District, which shall survive close of escrow, each of which
is material and is being relied upon by District.
A. Authority. Seller has the full right, power and authority to enter into
this Agreement and to perform the transactions contemplated hereunder.
B. 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
A
Purchase Agreement Page 6
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.
9. Integrity of Prop. Except as otherwise provided herein or by express
written permission granted by District, Seller shall not, between the time of Seller's execution
hereof and the close of escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or other earthmoving activities,
cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of
improvements or structures on the Property.
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, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.).
B. Rgpresentations and Warranties. For the purpose of consummating the
sale and purchase of the Property, Seller makes the following representations and warranties to
District, which shall survive close of escrow, each of which is material and is being relied
upon by District:
(i) The Property does not contain any Hazardous Waste or
underground storage tanks;
(ii) Seller and the Property are in compliance with all applicable
federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations
pertaining to Hazardous Waste or underground storage tanks;
(iii) At the time Seller acquired the Property, Seller did not know and
had no reason to know that any Hazardous Waste was present, used, manufactured, handled,
$
Purchase Agreements
generated, stored, treated, discharged, buried or disposed of on, under or about the Property,
or had been transported to or from the Property;
(iv) Seller has not undertaken, permitted, authorized or suffered, and
will not undertake, permit, authorize or suffer the presence, use, manufacture, handling,
generation, storage, treatment, discharge, release, burial or disposal on, under or about the
Property of any Hazardous Waste, or the transportation to or from the Property, of any
Hazardous Waste;
(v) There is no pending or, to Seller's best knowledge, threatened
litigation or proceedings before any administrative agency in which any person or entity
alleges the presence, release, threat of release, placement on, under or about the Property, or
the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal
on, under or about the Property, or the transportation to or from the Property, of any
Hazardous Waste;
(vi) Seller has not received any notice and has no knowledge or reason
to know that any governmental authority or any employee or agent thereof has determined, or
threatens to determine, that there is a presence, release, threat of release, placement on, under
or about the Property, or the use, manufacture, handling, generation, storage, treatment,
discharge, burial or disposal on, under or about the Property, or the transportation to or from
the Property, of any Hazardous Waste;
(vii) There have been no communications or agreements with any
governmental authority or agency (federal, state or local) or any private entity, including, but
not limited to, any prior owners of the Property, relating in any way to the presence, release,
threat of release, placement on, under or about the Property, or the use, manufacture,
handling, generation, storage, treatment, discharge, burial or disposal on, under or about the
Property, or the transportation to or from the Property, of any Hazardous Waste.
C. Indemnity. Seller shall indemnify, defend and hold harmless District
from and against any legal or administrative proceedings brought against District, and all
claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without
limitation, attorney, engineering and other professional or expert fees, directly or indirectly
arising from any breach of the warranties or representations contained herein, or arising from
related to or connected with the existence of any hazardous substances of any kind on or in the
property, except when any hazardous substance contamination was caused solely by District.
Seller shall be solely and completely responsible for responding to and complying with any .
administrative notice, order, request, or demand, or any third party claim or demand relating
to potential or actual hazardous substance contamination on or in the Property, including any
and all costs of remediation and cleanup, except when such contamination was caused solely
by District. In addition to any remedies provided in this subsection, in the event Hazardous
Waste is found to exist on the property, District may exercise its right to bring an action
Purchase Agreement page 8
against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other
person or persons determined to have responsibility for the presence of Hazardous Waste on
the Property.
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 there under and to any other compensation, except
as provided in this Agreement. Seller has been advised 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, including the fair
market value of said Property, appraisals, etc., as provided for by said Federal Law and any
corresponding California Government Code Sections, and District agrees to provide Seller
with an executed IRS Form 8283, if requested by Seller.
12. District Planning and Construction for Public Use and Preservation of the
"Cathedral Canyon". The canyon and redwood grove located on the Subject Property south of
and across Congress Springs Road from the Seller's retained Parcel (Santa Clara Assessor's
Parcel Number 503-36-023) has been used by the Seller as a site to scatter the ashes of family
members. This site is referred to by Seller as "Cathedral Canyon" and is shown on said
Exhibit "B". After the Closing and at the time District commences with any planning for the
location of public trai (s) and/or recreational facilities on the Subject Property in the vicinity of
the Cathedral Canyon, District shall submit any and all proposed plans showing the location of
any public trails and/or recreational facilities to Seller for comment. Seller shall have thirty
(30) days to respond and comment on such plans. In the event Seller does not respond or
comment on said plans, District shall assume that the proposed public trail alignment and/or
facilities are agreeable to Seller. It is further understood that any public trails constructed by
District in the vicinity of the Cathedral Canyon will utilize existing logging roads and no
parking facility shall be constructed in the canyon so as not to disturb the tranquility of
Cathedral Canyon. The District shall regularly patrol the Subject Property in accordance with
District's standard management practices as determined by District to ensure the protection of
the Cathedral Canyon. The location and construction of any proposed public trails and/or
facilities shall be built with the goal of protecting and preserving the redwood grove and floor
of the Cathedral Canyon from recreational development, construction and tree cutting. Seller
agrees and understands that the preservation and protection of Cathedral Canyon is not
intended to restrict District and the public in any way from full recreational access and the use
and enjoyment of the Cathedral Canyon area.
Purchase Agreement Page 9
13. Miscellaneous Provisions.
A. Choice of Law. The internal laws of the State of California, regardless
of any choice of law principles, shall govern the validity of this Agreement, the construction
of its terms and the interpretation of the rights and duties of the parties.
B. Attorneys' Fees. If either party hereto incurs any expense, including
reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of
any default or alleged default of the other party hereunder, the party prevailing in such action
or proceeding shall be entitled to recover from the other party reasonable expenses and
attorneys' fees in the amount determined by the Court, whether or not such action or
proceeding goes to final judgment. In the event of a settlement or final judgment in which
neither party is awarded all of the relief prayed for, the prevailing party as determined by the
Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees.
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 pursuantly 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. The General Manager is authorized
to agree to an extension of the time for the performance of any obligations on the part of
District or Seller pursuant to this Agreement, and to take any actions and execute any
documents necessary or appropriate to closing escrow and completing this conveyance,
including execution of any documents which may allow Seller to accomplish a tax deferred
exchange of property as permitted by law and as further described in Section 5G herein above;
provided, however that District shall not take title to any third party property other than the
subject Property. 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 constitute neither 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
Purchase Agreement '
. Page 10
delivered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express
or other private messenger, courier or other delivery service or sent by facsimile transmission
by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as
indicated as follows:
Seller: Thomas N. Foster
4911 Croatian Way
Anacortes, WA 98221
(360) 293-6494
Copy to: Bill.Foster
315 Melrose
Pacific Grove, CA 93950
(831) 648-0937
FAX (831) 372-0111
Copy to: Steve Baudin
S. J. Baudin Realty
P. O. Box 533
Carmel, CA 93921
(831) 624-6536
FAX (831) 372-2088
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
(650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile
or cabled notice shall promptly be sent by mail (in the manner provided above) to the
addressee. Service of any such communication made only by mail shall be deemed complete
on the date of actual delivery as indicated by the addressee's registry or certification receipt or
at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier
in time. Either party hereto may from time to time, by notice in writing served upon the other
as aforesaid, designate a different mailing address or a different person to which such notices
or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement
shall excuse either party from giving oral notice to the other when prompt notification is
appropriate, but any oral notice given shall not satisfy the requirement of written notice as
provided in this Section.
er
Purchase Agreement Page�11
F. Severability. If any of the provisions of this Agreement are held to be
void or unenforceable by or as a result of a determination of any court of competent
jurisdiction, the decision of which is binding upon the parties, the parties agree that such
determination shall not result in the nullity or unenforceability of the remaining portions of this
Agreement. The parties further agree to replace such void or unenforceable provisions which
will achieve, to the extent possible, the economic, business and other purposes of the void or
unenforceable provisions.
G. Counterparts. This Agreement may be executed in separate
counterparts, each of which shall be deemed as an original, and when executed, separately or
together, shall constitute a single original instrument, effective in the same manner as if the
parties had executed one and the same instrument.
H. Wiv . No waiver of any term, provision or condition of this
Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed
to be, or be construed as, a further or continuing waiver of any such term, provision or
condition or as a waiver of any other term, provision or condition of this Agreement.
I. Entire Agreement. This Agreement is intended by the parties to be the
final expression of their agreement; it embodies the entire agreement and understanding
between the parties hereto; it constitutes a complete and exclusive statement of the terms and
conditions thereof, and it supersedes any and all prior correspondence, conversations,
negotiations, agreements or understandings relating to the same subject matter.
J. Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
K. Survival of Covenants. All covenants of District or Seller which are
expressly intended hereunder to be performed in whole or in part after the Closing, and all
representations and warranties by either party to the other, shall survive the Closing and be
binding upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors and permitted assigns.
L. Assignment. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights nor obligations under this Agreement to any third party
without the prior written approval of the other party.
M. Further Documents and Acts. Each of the parties hereto agrees to
execute and deliver such further documents and perform such other acts as may be reasonably
necessary or appropriate to consummate and carry into effect the transactions described and
contemplated under this Agreement.
Purchase Agreement Page 12
N. Binding on Successors and Assigns. This Agreement and all of its
terms, conditions and covenants are intended to be fully effective and binding, to the extent
permitted by law, on the successors and permitted assigns of the parties hereto.
O. Broker's Commission. District shall not be responsible for any real
estate commission or other related costs or fees in this transaction. Seller agrees to and does
hereby indemnify and hold District harmless from and against any and all costs, liabilities,
losses, damages, claims, causes of action or proceedings which may result from any broker,
agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of
Seller in connection with this transaction.
P. Cal2 • ns. 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 agree first to participate in non-
binding mediation in order to resolve their dispute. If the parties are unable to resolve their
dispute through mediation, or if there is any remaining unresolved controversy or claim
subsequent to mediation, any remaining unresolved controversy or claim shall be settled by
arbitration. 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 INTTIALING IN THE SPACE BELOW, YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INI1 ALING IN THE SPACE BELOW, YOU-ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
M
Purchase Agreement p 3
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEA4ENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MA INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO ARBITRATION.
SELLER INITIAL / BUYER CGJ
14. Acceptance. Provided that this Agreement is executed by Seller and delivered
to District on or before February 12, 1999, District shall have until midnight February 24,
1999 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 as set forth in Section 4 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.
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.
Purchase Agreement PagM
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT Geraldine Green Foster, as Trustee of
the Geraldine Green F ter 1987 Trust
ACCEPTED FOR RECOMMENDATION Date:
Michael C. Williams, Real Property
Representative Geraldine G een Foster, as Co-Trustee of
The Bypass Trust Under the Last Will and
APPROVED AS TO FORM: Testament of Thomas Ne n Foster
-�'rYXI Date:
Susan M. Schectman, District Counsel f%
Thomas N. Foster, III, as Co-Trustee of
PR VAL: The Bypass Trust Under the Last Will and
Testament of ThpmasNewton Foster
L. Craig Britton Date:
General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
EORTH
�MEE
AICAN DIRECT ALL INQUIRES TO:
COMPANY Escrow Officer: SUSAN TROVATO
Telephone No. 408/395-9008
Our No.: 98170824
February 1, 1999
MID PENINSULA OPEN SPACE DISTRICT
330 DISTEL CIRCLE
LOS ALTOS, CALIFORNIA 94022
ATTN: LISA ZADEK
PROPERTY ADDRESS UPDATE
CONGRESS SPRINGS ROAD
SARATOGA, CALIFORNIA
Preliminary Report
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Company, Inc.
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A
POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY
DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF
SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET
FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE
FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS
SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO
PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE
INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO
THE CONDITION OF TITLE AND MAY NOT 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 POLICY TITLE INSURANCE, A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
Dated as of JANUARY 11, 1999 PAM THOMPSON
at 7:30 A.M. Title Officer
335 North Santa Cruz Avenue, Los Gatos, California 95030, (408) 395-9008
EXHIBIT
Page f
The form of policy of title insurance contemplated by this report is:
ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990
The estate or interest in the land hereinafter described or referred to covered by this report
is:
A FEE
Title to said estate or interest at the date hereof is vested in:
THOMAS N. FOSTER, SUCCESSOR, TRUSTEE OF THE GERALDINE GREEN FOSTER 1987
TRUST, AS TO AN UNDIVIDED % INTEREST AND GERALDINE GREEN FOSTER AND
THOMAS N. FOSTER, III, AS CO-TRUSTEES OF THE BYPASS TRUST PER PARAGRAPH
TENTH (B) UNDER THE LAST WILL AND TESTAMENT OF THOMAS NEWTON FOSTER,
ALSO KNOWN AS T.N. FOSTER, ALSO KNOWN AS "NEWT" FOSTER, DECEASED, AND
FOR USES AND PURPOSES SET FORTH IN THE AMENDED DECREE OF DISTRIBUTION
MADE ON OCTOBER 2, 1987 IN THE SUPERIOR COURT FOR SANTA CLARA COUNTY,
IN THE MATTER OF THE ESTATE OF SAID DECEDENT, PROBATE NO. 112888, A
CERTIFIED COPY OF WHICH IS RECORDED IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 22, 1987 IN BOOK
K332 OF OFFICIAL RECORDS, AT PAGE 811, AS TO AN UNDIVIDED % INTEREST
EXHIBIT
Page 2 of 10 Page -2--Of—�L
Order No. 98170824
Description: The land referred to herein is situated in the State of California, County of
SANTA CLARA, IN AN UNINCORPORATED AREA, and is described as follows:
PARCEL ONE:
PARCEL A AFTER LOT LINE ADJUSTMENT DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 29, 1995, BOOK P25, PAGE 1277, MORE
PARTICULARLY DESCRIBED AS:
THE EAST '/4 OF THE SOUTH Y2 OF THE SOUTHEAST '/4 OF SECTION 5, TOWNSHIP 8
SOUTH, RANGE 2 WEST, M.D.B.&M.
PARCEL TWO:
PARCEL A AFTER LOT LINE ADJUSTMENT DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 12, 1995, BOOK P123, PAGE 835, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST '/2 OF THE SOUTHEAST '/4 OF THE SOUTHEAST Y4 OF SECTION 5,
TOWNSHIP 8 SOUTH, RANGE 2 WEST, M.D.B.&M.
TOGETHER WITH A PORTION OF THE SOUTHWEST %4 OF THE SOUTHEAST %4 OF
SECTION 5, TOWNSHIP 8 SOUTH, RANGE 2 WEST, M.D.B. &M. BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST %4 OF THE
SOUTHEAST '/4 OF SECTION 5; THENCE FROM SAID POINT OF BEGINNING NORTH 26'
34' WEST 1475.8 FEET TO THE NORTH LINE OF THE SAID SOUTHWEST %4 OF THE
SOUTHEAST %4 OF SECTION 5; THENCE ALONG SAID NORTH LINE EAST 660 FEET TO
THE NORTHWEST CORNER OF SAID SOUTHWEST %4 OF THE SOUTHEAST % OF
SECTION 5; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST Y4 OF THE
SOUTHEAST %4 OF SECTION 5 SOUTH 1320 FEET TO THE SAID POINT OF BEGINNING.
TOGETHER WITH THE NORTHEAST %4 OF THE NORTHEAST '/4 OF SECTION 8,
TOWNSHIP 8 SOUTH, RANGE 2 WEST M.D.B.&M.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY ANTONIO
MARONCO TO JOHN W. GIVSON, BY DEED DATED JUNE 4, 1889 AND RECORDED
JUNE 11, 1889 IN BOOK 113 OF DEEDS, PAGE 616, SANTA CLARA COUNTY
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SECTION CORNER FOR SECTIONS 5, 4, 8, 9, TOWNSHIPZ, RANGE
2 WEST, AND RUNNING THENCE ALONG THE SECTION LINE BETWEEN SAID SECTIONS
8 AND 9 SOUTH 30 EAST 20.45 CHAINS TO THE SOUTHEAST CORNER OF THE
NORTHEAST % OF THE NORTHEAST %a OF SAID SECTION 8; THENCE ALONG THE
SOUTH LINE OF SAID NORTHEAST %4 OF THE NORTHEAST A OF SECTION 8, WEST
12.03 CHAINS TO PICKET MARKED G.M. 2 FROM WHICH A BLACK OAK 40" IN
DIAMETER MARKED B.T.G.M. 2 BEARS SOUTH 630 WEST 40 LINKS; THENCE ALONG
EXHIBIT
Page 3 of 10 page
5-ti
Order No. 98170824 „�
SAID FENCE LINE WITH THE FOLLOWING COURSES AND DISTANCES, NORTH 43 3/40
EAST, 3.50 CHAINS TO A TRIPLE BLACK OAK 8" IN DIAMETER MARKED G.M. 3,
NORTH 530 45' EAST 5.57 CHAINS TO A PICKET MARKED G.M. 4, NORTH 550 45'
EAST 4 71 CHAINS TO A PICKET MARKED M.G. 1 FROM WHICH A BLACK OAK 8" IN
DIAMETER MARKED B.T.M.G. 1 BEARS SOUTH 64 1/20 WEST 47 LINKS AND NORTH
1 1 .88 CHAINS TO THE PLACE OF BEGINNING. CONTAINING 6.13 ACRES, AND BEING
A PART OF THE NORTHEAST Y4 OF THE NORTHEAST Ya OF SECTION 8 TOWNSHIP 8
SOUTH, RANGE 2 WEST, COURSES TRUE. VARIATION 16 1/20 EAST.
PARCEL THREE:
PARCEL B AFTER LOT LINE ADJUSTMENT DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 12, 1995, BOOK P123, PAGE 835, MORE
PARTICULARLY DESCRIBED AS THE SOUTHWEST Y4 OF THE NORTHEAST Y4 AND THE
NORTHWEST Y4 OF THE NORTHEAST '/4 OF SECTION 8, TOWNSHIP 8 SOUTH, RANGE
2 WEST, M.D.B. & M.
TOGETHER WITH THE SOUTHWEST '/4 OF THE SOUTHEAST '/4 OF SECTION 5,
TOWNSHIP 8 SOUTH, RANGE 2 WEST, M.D.B. & M.
EXCEPTING THEREFROM A PORTION OF SAID SOUTHWEST Y4 OF THE SOUTHEAST Y4
OF SECTION 5 TOWNSHIP 8 SOUTH, RANGE 2 WEST, M.D.B. & M., BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST Y4 OF THE
SOUTHEAST '/4 OF SECTION 5; THENCE FROM SAID POINT OF BEGINNING NORTH 26'
34' WEST 1475.8 FEET TO THE NORTH LINE OF THE SAID SOUTHWEST % OF THE
SOUTHEAST Y4 OF SECTION 5; THENCE ALONG SAID NORTH LINE EAST 660 FEET TO
THE NORTHWEST CORNER OF SAID SOUTHWEST Y4 OF THE SOUTHEAST Y4 OF
SECTION 5; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST i4 OF THE
SOUTHEAST Y4 OF SECTION 5 SOUTH 1320 FEET TO THE SAID POINT OF BEGINNING.
PARCEL FOUR:
THAT CERTAIN PARCEL OF LAND BOUNDED ON THE NORTH, EAST AND WEST BY THE
COUNTY ROAD FROM THE TOWN OF SARATOGA TO THE SUMMIT, AND ON THE
SOUTH BY THE NORTH LINE OF THE SOUTH % OF THE SOUTHEAST Y4 OF SECTION 5
IN TOWNSHIP 8 SOUTH RANGE 2 WEST, AND BEING A PORTION OF SECTION 5
TOWNSHIP 8 SOUTH RANGE 2 WEST, M.D.M., AND BEING THE SAME PARCEL OF
LAND INTENDED TO BE CONVEYED BY SAMUEL FRASER TO ANTONIO MARENCO BY
DEED DATED MARCH 30, 1881 AND RECORDED MARCH 31 , 1881 IN BOOK 59 OF
DEEDS, AT PAGE 217.
ASSESSOR'S PARCEL NO.: 503-36-022, -023, -024, -025 AND 503-42-001
EXHIBIT
Page 4 of 10 Page.A-of 1
Order No. 98170824
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
1 . General and special property taxes, and any assessments collected with taxes,
including utility assessments, are a lien not yet payable to be levied for the fiscal
year 1999/2000.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the
State of California.
3. Rights of the public, county and/or city in that portion lying within the street as it
now exists:
CONGRESS SPRINGS ROAD AND REDWOOD GULCH ROAD.
4. An easement affecting the portion of said land and for the purpose stated herein,
and incidental purposes.
In favor of: THE COUNTY OF SANTA CLARA
No representation is made as to the present ownership of said easement.
For: EASEMENT FOR ROADWAY 60 FEET WIDE
Recorded: JULY 9, 1928
Book: 412
Page: 183
Affects: PARCEL ONE
5. An easement affecting the portion of said land and for the purpose stated herein,
and incidental purposes.
In favor of: PACIFIC GAS AND ELECTRIC COMPANY, A
CALIFORNIA CORPORATION
No representation is made as to the present ownership of said easement.
For: ELECTRICAL TRANSMISSION PURPOSES BY
SINGLE LINE OF POLES AND WIRES
Recorded: NOVEMBER 14, 1934
Book: 709
Page: 232
Affects: AS DESCRIBED IN SAID DOCUMENT
EXHIBIT
Page 5 of 10 Page-Of
Order No. 98170824
6. Covenants, conditions and restrictions imposed by a land conservation contract .
executed pursuant to Section 51200 et seq. of the California Government Code.
Executed by: COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA AND THOMAS NEWTON FOSTER AND
GERALDINE GREEN FOSTER, HIS WIFE
Recorded: FEBRUARY 27, 1970
Book: 8841
Page: 210
7. An easement affecting the portion of said land and for the purpose stated herein,
and incidental purposes.
In favor of: STATE OF CALIFORNIA
No representation is made as to the present ownership of said easement.
For: EASEMENTS FOR DRAINAGE PURPOSES
Recorded: OCTOBER 9, 1973
Book: 0600
Page: 471
Affects: AS DESCRIBED IN SAID DOCUMENT
8. Any invalidity or defect in the title of the vestees in the event such trust is invalid or
fails to confer sufficient powers in the trustees, or in the event there is a lack of
compliance with the terms and provisions of the trust instrument.
This company will require a certification from the current trustee(s) stating said trust
is in full force and effect and there have been no changes except as set forth.
EXHIBIT
Page 6 of 10 Page�. .of,
77
Order No. 98170824
9. This report is incomplete. We will require a Statement of Information from the
parties indicated below, five (5) days prior to closing, in order to complete this
report, based on the effect of documents, proceedings, liens, decrees, or other
matters which do not specifically describe said land, but which if any do exist, may
affect the title or impose liens or encumbrances thereon.
Seller/Owner: GERALDINE GREEN FOSTER
The Statement of Information is necessary to complete the search and examination
of title under this order. Any title search includes matters that are indexed by name
only, and having a completed Statement of Information assists the Company in the
elimination of certain matters which appear to involve the parties, but in fact affect
another party with the same or similar name.
Be assured that the Statement of Information is essential and will be kept strictly
confidential to this file.
10. THE REQUIREMENT THAT THE CERTIFICATE OF COMPLIANCE RECORDED
12/12/95 IN BOOK P123, PAGE 835 BE RE-RECORDED TO REFLECT THE CORRECT
LEGAL DESCRIPTION FOR PARCEL "A" THEREIN. IT SHOULD BE DESCRIBED AS
"THE WEST %2 OF THE SOUTHEAST % OF THE SOUTHEAST % OF SECTION 5,
TOWNSHIP 8 SOUTH, RANGE 2 WEST.
END OF EXCEPTIONS
EXHIBIT A
Page 7 of 10 Page.2-ouiLL—
Order No. 98170824
,4. "
INFORMATIONAL NOTES:
Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 1 16/116.2.
There are no conveyances affecting said land recorded within 24 months of the date of
this report.
This charge for a policy of title insurance, if issued through this title order, will be based
on the basic insurance rate.
General and special property taxes for the fiscal year shown below have been paid.
Fiscal Year: 1998-1999
Total Amount: $23.28
First Installment: $1 1 .64
Second Installment: $1 1 .64
Land: $40.00
Code Area: 60-002
Parcel Number: 503-36-022
General and special property taxes for the fiscal year shown below have been paid.
Fiscal Year: 1998-1999
Total Amount: $417.80
First Installment: $208.90
Second Installment: $208.90
Land: $17,274.00
Improvements $13,934.00
Code Area: 60-002
Parcel Number: 503-36-023
General and special property taxes for the fiscal year shown below have been paid.
Fiscal Year: 1998-1999
Total Amount: $111 .38
First Installment: $55.69
Second Installment: $55.69
Land: $2,196.00
Code Area: 60-002
Parcel Number: 503-36-024
EXHIEIT
Page 8 of 10 Page Of I
Order No. 98170824
General and special property taxes for the fiscal year shown below have been paid.
Fiscal Year: 1998-1999
Total Amount: $72.98
First Installment: $36.49
Second Installment: $36.49
Land: $824.00
Code Area: 60-002
Parcel Number: 503-36-025
General and special property taxes for the fiscal year shown below have been paid.
Fiscal Year: 1998-1999
Total Amount: $134.24
First Installment: $67.12
Second Installment: $67.12
Land: $3,904.00
Code Area: 60-002
Parcel Number: 503-42-001
7/30/98 EF
2/1/99 (UPDATE) WH
EXHIBIT
Page 9 of 10 page-ILOUL—
Orderr No. 98170824
GOOD FUNDS LAW
CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN
TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR
MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES:
SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE
DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR
BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY
UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT.
" NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY
CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT
BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL
INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING
WITH A CHECK AGAINST A FDIC INSURED BANK).
2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE
DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS
MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A
"HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS,
PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES
THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER
DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.)
NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR
ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES.
PRELIMINARY CHANGE OF OWNERSHIP REPORT
NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS
ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE
RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE
ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE.
IRS FORM 1099
BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A
TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099, OR ITS EQUIVALENT, WITH THE INTERNAL
REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE,
NOTICE OF A WITHHOLDING REQUIREMENT
THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862) ON SALES
OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED
TO WITHHOLD AN AMOUNT EQUAL TO 3 1/3 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL
PROPERTY INTEREST BY EITHER:
A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE
DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR
A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR
FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF 10
PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500).
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER
WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF:
THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS ($100,000), OR
THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A
RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA OR
THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, THAT THE
CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF
THE INTERNAL REVENUE CODE).
THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE
WITHHOLDING REQUIREMENT.
THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT
REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. IN THE EVENT THE BUYER REQUIRES
WITHHOLDING OF THE 3 1/3 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY
OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH
DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A
WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A
REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF
FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD
WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 95812-0651 (916) 845-4900.
EXHIBIT A
Page 10 of 10 Page LO oI-12�
Order No. 98170824
"THE INFORMATION ON THIS PLAT IS
PROVIDED FOR YOUR CONVENIENCE ,AS �
A GUIDE TO THE GENERAL LOCATION OF _ . •=.r ;�;i; -s
THE SUBJECT PROPERTY. THE ACCURACY t• '�`=
OF THIS PLAT IS NOT GUARANTEED, NOR i'<•=.Y:
IS IT A PART OF ANY POLICY, REPORT OR
!' GUARANTEE TO WHICH IT MAY BE
ATTACHED."
Ir
P,023PACt ' ae�
i
SECTION 5. TOWNSHIP 8 SOUTH
RANGE 2 WEST, M.D.B. &M.
PARCEL A
NEW LOT LINE
Q rC G
4
LOT LINE TO 9
LOT LINE TO I
PARCEL B 1
SFO LAND SU9
JAM£s GFso I
s a
0.' 0 {t
P. 9 0-95
q 0�P •
4
rFOF' CM-\F e
SECTION 8, TOWNSHIP 8 SOUTH
RANGE 2 WEST. M.D.S. &M.
EXHIBIT " C"
PLAT TO ACCOMPANY
THE LOT LINE ADJUSTMENT
Design By. TRH JWLK�pnYEA�CARROU Scale: �- - 1oa•
eera d Surre�ors
Drawn By. _ TRS a i Bm im Date- SEPTEMBER. 1995
aL Check By. —_ MID t x 4m 20-4m Job No. _ 95-268
I13IT
1 t-Of-1
Ail 11�I
• 'THE INFORMATION On 4HIS PLAT IS
PROVIDED FOR YOUR CONVENIENCE AS
A GUIDE TO THE GENERAL LOCATION OF
THE SUBJECT PROPERTY. THE ACCURACY
{ OF THIS PLAT IS NOT GUARANTEED, NOR
IS IT A PART OF ANY POLICY, PC?ORT OR
GUARANTEE TO WHICH IT MAY BE
ATTACHED.- P 12 3 PA GE 0 8 3 8
SECTION 5. TOWNSHIP 8 SOUTH
RANGE 2 WEST. M.D.B.&M.
1
tea=
NEW LOT LINE
m
PARCEL VZ 4
BE ADJLINEUSTED
TO vPARCEL A 9
BE ADJI:STED s�
113—DEEDS-516 f
II
�4 LAND S�
SECTION 6, TOWNSHIP 8 SOUTH -
RANGE 2 WEST. M.D.B.&M. 660
EXHIBIT fc', P. -30-99
0FCAl1
PLAT TO ACCOMPANY
THE LOT LINE ADJUSTMENT
Design 8y. - MJD +'A/ mR yo Scale: 1" 10001
eers �d�, n(n Surve
Drawn Hy. —ltilJQ- at c��.� ifla Date. DEC, 1995 i
Chock By. MJ0 ar, 4os sis-i7r7a Job No. A5-268A
EXHIBIT
Page Hof
0FrKr or C.OYNrY Asstssopt umA CLA%-czr. CAL1rORN1A .
O�
$EQL�RTER ECSTP.8&R.2W MDQM\
NOGaUpAgaX L=wav
17.70 AC.NET
PARCEL 1 PARCEL A r•i xo r
13.51 AC, NET 13.81 AC.NET ve�:
moo
e i
�1 4.59 AC NET 20
s L r s� � '• 1 Q
400
µ.83 AC NET w
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ti6�:tiW Y -:d 1
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i
IQ07 AC. NET
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s
i 23 l^3W
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24
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or
W
'THE INFORMA f1ON ON THIS FLAT IS PROVIDED FOR
YOUR CONVENIENCE AS A GUIDE TO THE GENERAL
LOCATION OF THE SUBJECT PROPERTY.THE ACCURACY
OF THIS PLAT IS?d01 GUARANTEED,NOR IS IT A PART
OF ANY POLICY,REPORT OR GUARANTEE TO WHICH IT
MAY BE ATTACHED."
EXHIBIT A
LIS PRINTED EXCEPTIONS AND EXCLUSIONS (By ✓Type)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency which may result in taxes or assessment, or notice of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
5. (A) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or(c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to(1) the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value
without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure
of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character dimensions or locations of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any
violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
date of policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b)not
known to the company and not shown by the public records but known to the insured claimant either at dated of policy or at the date such
claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the company prior to the date
such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant, (d)attaching or created
subsequent to date of policy, or(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for
the estate or interest insured by this policy.
EXHIE3IT A
Page Of
3. AMERI' LAND TITLE ASSOCIATION RESIDENTIAL TITL' URANCE POLICY-1987
EXCLUSIONS
In addition to the exceptions in schedule b, you are not insured against loss,costs, attorney's fees, and expenses rowAftg from:
1. Governmental police power,and the existence or violation of any law or government regulation. This Includes building and zoning ordinance:
and also laws and regulations concerning:
• and use
• improvements on the land
• land division
• environmental protection
this exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of covered title risks
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the policy date.
` the taking happened prior the policy date and is binding on you if you bought the land without knowing of the taking.
3. Tide risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the policy date-unless they appeared in the public records.
• that result in no loss to you
• that first affect your title after the policy date-this does not limit the labor and material lien coverage in item 8 of covered title risks.
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in item 3 of schedule a, or
• in streets, alleys, or waterways that touch,your land.
This exclusion does not limit the access coverage in item 5 of covered title risks.
Standard exceptions
(A) any rights,interests or claims of parties in possession of the land not shown by the public records.
(B)any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of the covered title risks.
(C) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced remov
coverage in item 12 of covered title risks.
(D)any water rights, claims or title to water on or under the land.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,attorneys' fees or
expenses which arise by reason of:
1. (a)Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to(1)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now o
hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part; or(iv) environmental protection, or the effect of any violation of theses laws, ordinances or governmental regulations,except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b)any governmental policy power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy); or
(a)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
EXHIBIT
Page -of�� "
6. Any statutory lien for services, labor or m Is (or the claim of priority of any statutory lien ervices, labor or materials over the lien of the
insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is
not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Data of Policy the Insured has advanced or i
obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors' rights laws, that is based on;
(1)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or
(II) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(I11) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results fror
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.
5. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (A) any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations), restricting,
regulating, prohibiting or relating to(i) the occupancy, use or enjoyment of the land, ()i)the character, dimensions or location of any improvement now o,
hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part, or(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at date of policy.
(B) any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of defect, lien or
encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from
coverage any taking which has occurred prior the date of policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the company, not recorded in the public records at date of policy, but not known to the insured claimant and not disclosed in writing to
the company by the insured claimant prior to the date of the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or creating subsequent to date of policy, or
(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 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 law 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 or transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A. ENDORSEMENT FROM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or
prohibiting a separation in ownership or a reduction in the dimensions or area of he land, or the effect of a violation of any such law, ordinance or
governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of such rights appears in the public records at date of policy.
3. Defects,liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b)not known to
the company, and not shown by the public records but not known to the insured claimant either at date of policy or at the date such claimant acquired
an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the company prior to
the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created
subsequent to date of policy, (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is
afforded herein as to assessments for street improvements under construction or completed at date of policy)
EXHIBIT
Page .. of ��
4. Unenforceability of the lien of the insu. lortgage because of failure of the insured at date olicy or of any subsequent owner of the indebtednes
to comply with applicable "doing business'laws of the state in which the land is situated.
� 4
7. ALTA. Plain Language Owner's Policy(6187)
America First Protection Added(6/1/97)
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss, costs, attorney's fees, and expenses resulting from:
1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and
also laws and regulations concerning:
(a) land use
(b)improvements on the land
(c) land division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does
not limit the coverage described in items 12c and d, 13 and 18 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice exercising the right appears in the public records on the Policy Date
(b)the take happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a)that are created, allowed, or agreed to by you
(b)that are known to you, but not to us, on the Policy Date--unless they appeared in the public records
(c)that result in no loss to you
(d)that first affect your title after the Policy Date--this does not limit the coverage described in items 3b, 8, 17 and 19 of Covered Title Risks.
4. Failure to pay value for your title
5. Lack of a right:
(a)to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
(b)in streets, alleys or waterways that touch your land
This exclusion does not limit the coverage described in Items 5 and 12a of Covered Title Risks.
Standard exceptions:
(a) any rights, interests or claims of parties in possession of the land not shown by the public records.
(b) any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered risks.
(c) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced
removal coverage in item 12 of the covered title risks.
(d)any water rights, claims or title to water on or under the land.
S. ALTA Loan Policy-Form 1 (10/17/92)
America First Protection Added(6/1/97)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorney's fees or
expenses which may arise by reason of:
1.(a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,
ordinances, or regulations restricting, regulating,
prohibiting or relating to
(i)the occupancy, use or enjoyment of the Land
60 the character, dimensions or location of any improvement now or hereafter erected by the Land
(iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part
()v) environmental protection, or the effect of any violation of these laws,ordinances or government regulations,except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the
Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14. 15, 16 and 24 of this policy
(b)Any governmental policy power not excluded by(a)above, except to the extent that a notice of exercise thereof or a notice of a defect,lien or
encumbrance, resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion
does not limit the coverage under insuring provisions 14, 15, 16 and 24 of this policy.
EXHIBIT
Page JLoi
2. Rights of eminent domain unless notice o Rercise thereof has been recorded in the Public rds at Date of Policy, but not excluding from ,coverage any taking which has occurred prior —Jate of Policy, but not excluding from coverage any taking which as 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 be the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph
(d) does not limit the coverage provided under insuring provisions 7, 8, 19, 20, 21, 23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured
Mortgage and is based upon:
(a)usury, except as provided under insuring provision 10 of this policy; or
(b)any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7.Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors'rights laws, that is based on:
(a)the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b)the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c)the transaction creating the interest of the Insured Mortgagee being deemed a preferential transfer except where the preferential transfer results from
the failure:
(i)to timely record the instrument or transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured
has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit
the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charges thereon, over
liens, encumbrances and other matters affecting title,the existence of which are Known to the Insured at:
(a)the time of the advance; or
(b)the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a
result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
EXHIBIT A
Page
of
MIDPENAULA REGIONAL OPEN91PACE DISTRICT
-36ri
18p0
NkX&WAY 9
f x WATER SUPPLY
EASEMENT
`X
-''�CATH ED RA
` CANYON
FOSTER PROPERTY
T^
4 '
zY
FOSTER PROPERTY
APPROX. 184 +/- ACRES
SCALE: 1 INCH = 500 FEET
EXHIBIT B SELLER DISTRICT �LC�
FROM PHONE NO. : 4088677822 Feb. 24 1999 12:28PM P1
..,m�T...+.•.......,.,,..w.,..,.r...,,M.,,,.y�,,.,,.,.... ..,r.,,,.«..ww•..+wr..r..r rwr, ,.....,,,.�..,.,.,.,..«•.K««+:.wa«..:...w....,.,..,, w,., wn.,.,w.,.r,..w,wnr..•ww na.w•..r.i,.w,.wr,. y.w...,...w...-«..,.,«...,.,...A.....
Vista Point Ranch
1 Z344 Ftrst Fork Road,Skyline Boulevard r
L05 GAT05- GA 86Q33
To: rrom:
Betsv Crowder Jo Barrett and Gillian Tabb Date:Feb 24 1999
Number of Pages. t
Phone:
(4 8) 867�782222
Fax
Remarks:
Rc. Proposed addition of Foster Property and Gift of Peninsula Open Space Trust Property to Saratoga
Gap Open Space Preserve
Hi Betsy: Thank you so much for appraising us of this item for the Board Meeting tonight, unfortunately
neither Gill nor I will be able to attend falthough if I have a last minute change of plan, I will be there).
We residents and extensive Park users were really tlu-illed to bear of the most recent aquisitions which are
adjacent to Castle Rock StatePark and Sanborn Skyline County Park, there are actually on our doorstep ]'
Due to current Mid Pen`riser-friendliness"we do most of our hiking and equestrian activities exclusively in
Castle Rock and Sanborn Skyline or other park districts where mountain bikers are not dominating the trails.
We search out those areas that are safe and quiet, and still simply just peaceful and enjoyable, and we would
I really welcome the addition of a possible loop or two within this system. We know the grassy area referred to
in the Agenda Item and can assure you that the views are simply phenomenal and the wildflowers in the spring
are just gorgeous
i We do hope you will think carefully about the current use/activities (user groups) enjoying the adjacent areas
when you decide how to manage this area, and consider the impact your choices will have on those users who
choose not to have wheels.
We have been reading the newspaper with growing interest and excitement about the current purchases of land
for open space and park use, the most recent being the purchase of 2,500 acres -Rancho Canada de Oro south
of Calero Reservoir County Park. This is one of several that have happened recently and restore some hope
that we are not going to be completely overrun by development. We are enjoying a collection of cuttings from
,the paper about all the most recent acquisitions.
{Since the land which is the subject of this Agenda item may be added to the Saratoga Gap Open Space
Preserve, would this be an appropriate time to ask when the work is going to be done to open up the alternative
to the Saratoga Gap Trail on the West side of Highway 9, which has been the subject of letters from us, log
reports and comments in our Volunteer Patrol capacity, and conversations in the past (5? or more)years?
Thanks for helping us and doing all you have been doing for us in the past, come and hike soon
Regional Open jace
R-99-32 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-06
February 24, 1999
AGENDA ITEM 3
AGENDA ITEM
Final Adoption of an Amendment to the Use and Management Plan for the Mt. Umunhum
Area of Sierra Azul Open Space Preserve for the Establishment of a New Employee Residence
ASSISTANT GENERAL MANAGER'S RECOMMENDATION
Adopt an amendment to the Use and Management Plan for the Mt. Umunhum Area of Sierra
Azul Open Space Preserve for the establishment of an employee residence in the vicinity of
Hicks Road.
DISCUSSION
At your January 27, 1999, meeting, you considered an amendment to the Use and Management
Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve to establish a
manufactured home off of Hicks Road. At that meeting, you also authorized staff to solicit
bids for site planning and design services necessary to secure building permits from Santa
Clara County.
There have been no public comments on this item.
Prepared by:
Matthew Freeman, Open Space Planner I
Contact Person:
Same
M Distel Circle m Los Altos, CA 94022.-1404 - Phone: 050 691..1 200
FAX: 650-091 0485 * E-mail: mrosd 1oopenspace.org Web site: www.openspace_or-
Board n((�ir� tr>r4:Pete Siemens, ti1an C (>,3vey, I<'d Cyr, Dar�e Little,Ntmette Hu�l:o, (3ct5y Cui�tider, KEiu'uth C. Nitz Lneia!hi�na,e�r:I (tail,I�rittxi
Regional Open pace
R-99-33 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-06
February 24, 1999
AGENDA ITEM 4
AGENDA
Notice of Contract Completion for the La Honda Creek Bridge Replacement Project at the La
Honda Creek Open Space Preserve
ASSISTANT GENERAL MANAGER'S RECOMMENDATION .�-
Authorize execution by the President of the Board, or other appropriate officer, of the attached
Notice of Completion and Acceptance of Work for the bridge replacement project.
DISCUSSION
At your May 27, 1998, meeting (see report 98-12), you awarded a contract in the amount of
$137,950 to TKO Construction for the replacement of the upper bridge on the La Honda Creek
Open Space Preserve. This project replaced the bridge closest to the employee residence at the
former McDonald Ranch (see attached map), and provides the quickest access to the grassland
area of the preserve for fire and emergency response vehicles.
The project is now completed, with the exception of some incidental painting. Arrangements
have been made to complete the painting when weather conditions are favorable. The
construction project has been approved and "finaled" by all of the permitting agencies. Staff
was pleased with the performance of the consultants, Jakaby Engineering, the structural
engineers and Terrasearch, Inc., the geotechnical engineers, as well as that of the contractor,
TKO Construction Company.
At this time, the total amount invoiced to the project since 1996 is $180,904.39. Of this
amount, $42,954.39 was spent on engineering design and inspection services, permitting, and
associated costs. The remainder, $137,950, reflects the total construction costs.
Ten percent of the payment to TKO Construction has been withheld in accordance with the
contract specifications. A check for the retained 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.
Prepared by:
John Cahill, Open Space Planner II
Contact:
Same as above
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org '
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
LA HONDOCREEK OPEN SP*,E PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
S/rl�� D� THORNEWO
lea OPEN-SPACE
LHoa>
• ' r! f+ da PRESERVE
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BRIDGE LOCATION This portion of the preserve ,Y �84 j
f is closed to the public at the d
= ( present time.
ond� ` �•' ' �,
;S
0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0
One Mile
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: Planning Dept.
NOTICE OF DULY RECORDED WITHOUT FEE
Pursuant to Government Code
COMPLETION Sections 6103, 27383.
By:
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the 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 TKO
CONSTRUCTION, as Contractor therein, bearing the date June 17, 1998 for the construction La Honda
Creek Bridge Replacement and appurtenant facilities upon lands of said District known as La Honda Creek
Open Space Preserve situated in unincorporated San Mateo County, State of California,was completed on
the 17th day of February, 1999.
Upon said contract,American Contractors Indemnity was surety on the bond given by said TKO
Construction, 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.
That the site addresses of said work is: 150 La Honda Road, Woodside, CA, San Mateo County A.P.N. 078-
280-030.
I certify, under penalty of perjury under the law of the State of California, that the foregoing is true and
correct. BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Jed Cyr
President, Board of Directors
Dated
Signed in Los Altos, California
Claims No. 99-04
Meeting 99-08
Date: February 24, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
5590 475.00 Aaron's Septic Tank Service Septic Tank Service
5591 1,174.86 Acme& Sons Sanitation Sanitation Services
5592 20.00 All Laser Service Laser Printer Service
5593 30.75 AT&T Telephone Service
5594 76.00 Gordon Baillie Reimbursement-PRAC Conference
5595 30.00 Best Internet Communications, Inc. Internet Provider
5596 74.05 John Cahill Reimbursement--Cellular Phone
5597 1,045.00 Cambria Corporation Database Transfer Consultant
5598 120.00 California Parks& Recreation Society, Inc. Membership Dues
5599 30.63 Capitol Enquiry Inc. Resource Document
5600 361.77 Cascade Fire Equipment Company Fire Pumper Repairs
5601 189.00 *1 Annette Coleman Reimbursement--Parks Conference Reg.
5602 175.00 D &J Septic Tank Service
5603 892.50 Enshallah Inc. Teague Hill Consultant
5604 521.84 Farrelle Communications Radio Repairs
5605 62.50 Federal Express Express Mail Service
5606 1,000.00 *2 First American Title Company Escrow Deposit
5607 31.46 G & K Services Shop Towel Service
5608 635.00 Greenlnfo Network GIS Map Services
5609 -369.99- Green Waste Dumpster Service
580.00
5610 59.80 GTE Wireless Cellular Phone Service
5611 245.10 Home Depot Field Supplies
5612 6,170.13 Howard Rome Martin & Ridley LLP Legal Services
5613 336.62 Hyster Sales Company Bobcat Parts
5614 5802.26 Irvine&Cooper Law Offices MROSD Vs Esperson
5615 57.37 JC Penny's Uniform Coveralls
5616 1,140.00 Anne Koletzke FEMA Grant Application Consultant
5617 103.63 Langley Hill Quarry Drain Rock
5618 2,494.48 Lanier Worldwide, Inc. Copier Leases&Supplies
5619 536.25 MetroMobileCommunications Radio Repair and Maintenance
5620 1,365.00 Micro Accounting Solutions Computer Consultant
5621 105.57 Moffett Supply Company Janitorial Supplies
5622 30.00 Natural Areas Association Subscription
5623 3,000.00 *3 Navarone Industries, Inc. Spring Newsletter Printing
5624 790,000.00 *** North American Title Company Foster Acquisition
5625 174.07 Northern Energy, Inc. Propane Gas and Tank Rental
5626 55.94 Northern Tool& Equipment Company Propane Torch
5627 103.00 Novagraph, Inc. Software
5628 760.64 Office Depot Office Supplies
5629 216.49 Office Max Recording Transcriber
5630 836.48 Orchard Supply Hardware Field Supplies
5631 1,071.90 Pacific Bell Telephone Service
5632 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
5633 600.00 Portola Park Heights Property Association Road Dues-Two Properties
Page 1
Claims No. 99-04
Meeting 99-08
Date: February 24, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
5634 150.00 Pt. Montara Lighthouse Hostel Meeting Facility Rental
5635 7,461.25 Rana Creek Habitat Restoration Grassland Study Consultants
5636 34.13 Rayne Water Conditioning Water Service
5637 507.63 Rice Trucking/Soil Farm Trucking Fees--Windy Hill
5638 394.25 Rich's Truck Tire Service Tire Disposal &a Tire Repair
5639 15.01 Roberts Hardware Plumbing Repair Parts
5640 324.60 San Jose Mercury News Recruitment Advertisement
5641 44.95 Susan Schectman Reimbursement--Phone Calls
5642 184.87 Second Cup Local Business Meeting Expense
5643 150.36 Shell Oil Company Fuel
5644 119.08 Silacci's Feed Barn Gate
5645 70.31 Skyline County Water District Water Service
5646 25.27 Staples Office Supplies
5647 52.00 State Water Resources Control Board Water Rights Report
5648 625.00 Systems for Public Safety Background Checks-New Recruitments
5649 73.13 JoAnne Swirsding Vehicle Expense
5650 60.00 Terminix January Services--Distel Building
5651 34.00 Thoits-F G & H Insurance New Equipment--Additional Coverage
5652 8,955.00 *4 Mike Tobar Excavation Barlow Property Demolition
5653 18.19 Tooland, Inc. Equipment Part
5654 69.00 Touchatt Trucking Rock Delivery Charge
5655 2,669.20 2M Associates Consulting Services-Annexation
5656 9.87 *5 UPS Parcel Postage Service
5657 1,689.59 *6 Visa 2%00 Airfare-Conference
146.77 Resource Documents
34.50 Business Meeting Expense
354.22 Radio Batteries & Repairs
550.00 Dumpster Service
157.59 Bicycle Parts
236.51 Field Supplies
5658 70.00 Wac Corporation Aerial Photos
5659 328.55 West Group Payment Center Law Resource Documents
5660 150.00 West Valley College 4 Wheel Drive Training-G. Morin
5661 533.00 Whitmore, Johnson & Bolanos Legal Services
5662 745.71 Wheelsmith, Inc. Bike Maintenance
5663R 497.94 L. Craig Britton Reimbursement--Special District Institute
Conference Expenses/D. Little&C.Britton
5664R 1,844.70 U.S. Rentals Equipment Rentals
5665R 436.99 Petty Cash Local Business Meeting Expense, Film,
Office and Field Supplies, Deer Hollow
Farm Maintenance Supplies and Vehicle
Expense
Page 2
Claims No. 99-04
Meeting 99-08
Date: February 24, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
*1 Urgent Check Issued February 19, 1999.
*2 Urgent Check Issued February 11, 1999.
*3 Urgent Check Issued February 16, 1999.
*4 Urgent Check Issued February 10, 1999.
*5 Urgent Check Issued February 11, 1999.
*6 Urgent Check Issued February 19, 1999.
In the event this acquisition is not approved, this claim will not be processed.
TOTAL 851,389.31
Page 3
Claims No. 89-04
Meeting 99-08
Dabs 24. 1988
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
5590 475.00 Aaron's Septic Tank Service Septic Tank Service
5591 1.174.88 Acme&Sons Sanitation Sanitation Services
5592 20.00 All Laser Service Laser Printer Service
5593 30.75 AT&T Telephone Service
5594 76.00 GordonBaiUia Reimbursement-PRACConferonce
5585 30.00 Best Internet Communications, Inc. Internet Provider
5580 74.05 John Cahill Reimbursement--Cellular Phone
5587 1.045.00 Cambria Corporation Database Transfer Consultant
5598 120.00 California Parks& Recreation Society, Inc. Membership Dues
5598 30.03 Capitol Enquiry Inc. Resource Document
5600 361.77 Cascade Fire Equipment Company Fire Pumper Repairs
5801 189.00 °1 Annette Coleman Reimbuneement-Parhe Conference Reg.
5602 175.00 D &J Septic Tank Service
5603 892.50 EnahaUmh |nn. Teague Hill Consultant
5604 521.84 FarreUeCommun|notiona Radio Repairs
5805 82.50 Federal Express Express Mail Service
5808 1.000.00 °2 First American Title Company Escrow Deposit
5007 31.46 G & P{Services Shop Towel Service
5808 035.00 Gneen|nfoNetworh G|G Map Services
5609 300.00 Green Waste DumnpoterServioa
5610 59.80 GTE Wireless Cellular Phone Service
5811 245.10 Home Depot Field Supplies
5612 6.170.13 Howard Rome Martin & Rid|eyLLP Legal Services
5813 338.62 Hymher Sales Company Bobcat Parts
5614 5802.26 Irvine&Cooper Law Offices YNRCJ8DVsEsperoon
5615 57.37 JCPenny'o Uniform Coveralls
5016 1.140.00 AnneKo|etzke FEK8A Grant Application Consultant
5617 103.63 Langley Hill Quarry Drain Rock
5818 2.494.48 Lanier Worldwide, Inc. Copier Leases&Supplies
5818 536.25 N1etnoK8ob||eCommunioationm Radio Repair and Maintenance
5820 1.385.00 Micro Accounting Solutions Computer Consultant
5621 105.57 Moffett Supply Company Janitorial Supplies
5022 30.00 Natural Areas Association Subscription
5623 3.000.00 °3 Nowanona Industries, Inc. Spring Newsletter Printing
5024 780.000.00 °°^ North American Title Company Foster Acquisition
5825 174.07 Northern Energy, Inc. Propane Gas and Tank Rental
5628 55.94 Northern Tool & Equipment Company Propane Torch
5827 103.00 Novogmgph. |no. Software
5828 760.84 Office Depot Office Supplies
5029 218.49 C]Mima Max Recording Transcriber
5630 836.48 Orchard Supply Hardware Field Supplies
5831 1.071.90 Pacific Bell Telephone Service
5632 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
5833 800.00 Podo|a Park Heights Property Association Road Dues'Two Properties
5034 150.00 Pt. K8onbana Lighthouse Hostel Meeting Facility Rental
5035 7.481.25 Rana Creek Habitat Restoration Grassland Study Consultants
Page 1
���
Claims No. S9-O
Meeting 99-08
Date: February24. 1999
K8|DPEN|NGUL8 REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
5636 34.13 Rayne Water Conditioning Water Service
5637 507.03 Rice Trucking/Soil Farm Trucking Fmee--80ndyHill
5638 394.25 Rich's Truck Tire Service Tire Disposal &a Tire Repair
5839 15.01 Roberts Hardware Plumbing Repair Parts
5640 324.60 San Jose Mercury News Recruitment Advertisement
5641 44.95 SunanGcheotman Reimbursement--Phone Calls
5642 184.07 Second Cup Local Business Meeting Expense
5643 150.38 Shell Oil Company Fuel
5644 119.08 Si|occi'e Feed Barn Boha
5845 70.31 Skyline County Water District Water Service
5646 25.27 Staples Office Supplies
5847 52.00 State Water Resources Control Board Water Rights Report
5648 025.00 Systems for Public Safety Background Checks-New Recruitment's
5849 73.13 JoAnnaSwinad|nQ Vehicle Expense
5850 60.00 Terrn|nix January Services-Diahe| Building
5851 34.00 Thoihs-FG& HInsurance New Equipment-Additional Coverage
5852 0.956.00 ^4 Mike ToberExcavation Barlow Property Demolition
5853 18.19 Too|end. |no. Equipment Part
5654 89.00 TouchottTruoking Rock Delivery Charge
5855 2.889.20 2K8Associates Consulting Services--Annexation
5856 9.87 ^5 UPS Parcel Postage Service
5857 1.689.58 °G Viso 210.00 Airfare-Conference
148.77 Resource Documents
34.50 Business Meeting Expense
354.23 Radio Batteries& Repairs
550.00 DumpghsrSen/ioe
157.59 Bicycle Parts
235.51 Field Supplies �
5658 70.00 VVacCorpormtion Aerial Photos
5650 328.55 West Group Payment Center Law Resource Documents
5660 150.00 West Valley College 4 Wheel Drive Training -G. Morin �
�
5661 533.00 Whitmore, Johnson @Bo|enon Legal Services �
5882 745.71 VVhee|mnnith. |nc. Bike Maintenance
°1 Urgent Check Issued February 19. 1999.
°2 Urgent Check Issued February 11. 1QBQ.
°3 Urgent Check|onuad February 16. 1998.
°4 Urgent Check|eouad February 10. 1999.
^5 Urgent Check Issued February 11. 1S8S.
°G Urgent Check|neuad February 19. 1999.
In the event this acquisition is not approved, this claim will not be processed.
TOTAL 848.389.88
Page
Regional Open dace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: February 24, 1999
SUBJECT: FYI
110 (piste) Circle - Los Altos, (A 94022-1404 * Phone:0 10 091-1 200
FAX: 050-09 1 0485 * 1-mail: mrosd@?openspa(e.org * Wet)site:wvvw.openspace.org
Homd of Oiw(toot:Pew siemerl"Mar �C Dave ( H.._._
y y led yr, Duane Little, Nonette Hartko, fteisv Cr�wvder,Kenneth C._ Nit/ � Gene°r<il M,�n,��;er:I C-rat};E��i[ton
John Woodbury, 06:30 PM 2/20/99 , Davis appointmentsq
Return-Path: drjohnw@ix.netcom. com
Date : Sat, 20 Feb 1999 18 : 30 : 28 -0800
From: John Woodbury <drjohnw@ix.netcom. com>
To: John Woodbury <drjohnw@ix.netcom.com>
Subject : Davis appointmentsq
X-Rcpt-To: mrosd@openspace .org
To: Bay Area Open Space Council Steering Committee
From: John Woodbury
Here are some Davis appointments I thought you would be interested in.
The editorial comments are not mine--I 'm not sure who ' s they are .
Rusty Areias, Director of Parks and Recreation. Rusty was sympathetic
on
>these issues when he was a member of the Assembly. He served in the
>Assembly in the 1980 ' s and early 1990 ' s .
>Alan Loyd, chair of the Air Resources Board. Staff member at Desert
Research
>Institute, former chief scientist at the South Coast AQMD. Known for
his
>technical air quality knowledge .
>Tom Hannigan, Director of Water Resources . As a long time member of
the
>Assembly, Tom was always a friend. Water was not a principal issue,
but he
>did follow water closely.
>Bob Hight, Director of Fish and Game . Bob is Executive Officer of the
State
>Lands Commission. Definitely one of our best friends in state
government .
>
>These are all good appointments, and continue Gray' s pattern of
appointing
>people sympathetic to the environment to key environmental positions .
Printed for open space district <mrosd@openspace.org> 1 i
MEMORANDUM
DATE: February 19, 1999
TO: All Staff
CC: Members, Board of Directors
FROM: Malcolm
RE: Staff Photo
Most of you were at the February 5th "State of the District" gathering at the
administrative office, when a full staff photo was taken. I'm happy to announce that the
photo has been enlarged and will soon be framed and on display at all three offices. A
"thank you" to Betsy Crowder for taking the great photo!
If you would like an 8x10 copy of the photo, please place your order with me. The
cost of each copy will be $8. If possible, please place your order by March 12,then I can
have all copies made at the same time. Alternatively, once we get the photo uploaded to the
web site, you can download it instead of paying for a print.
Regional Open4ppace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: J. Escobar, Assistant General Manager
�i/
DATE: February 19, 1999
Y
SUBJECT: FYI
3 10 Di,tel Circle o I o,Alto,, CA 94022-1404 - Phone:0 50 091-1200
FAX: 050-091 0485 s E-mail mro sd a)openspace.org * Web,ite:www.openspac(,.org �
)ave Jed t r, Dearie I ittic�, Nonette Kinko,tick C romler,Kenneth u,.
Sa,ucl of Urrcctu�� Pete Siemt�m,MayC` I y, y Y C Nits (,r°ntsr�il Al utd,5rr:( r(mll rail f;rittrrn
John Woodbury, 01:23 PM 2/16/99 , A Very Important Opportunity
Return-Path: drjohnw@ix.netcom. com
Date : Tue, 16 Feb 1999 13 : 23 : 09 -0800
From: John Woodbury <drjohnw@ix.netcom. com>
To: John Woodbury <drjohnw@ix.netcom.com>
Subject : A Very Important Opportunity
X-Rcpt-To: mrosd@openspace. org
To: Bay Area Open Space Council Steering Committee
From: John Woodbury
Next Monday we all have a unique opportunity to support federal funding
for the environment .
Senator Boxer and Congressman Miller are holding a press conference in
the Presidio to announce the introduction of their bill to fully fund
the Land and Water Conservation Fund and a variety of other federal
conservation programs .
The Boxer/Miller bill is environmentally the strongest of the proposals
now circulating in Washington.
The Press Conference is Monday, February 22nd at 10 : 00 am, at the Gulf
of the Farallones Marine Sanctuary in the Presidio.
Please attend. If you cannot attend, try and send someone else . This is
our only significant chance to really show support for fully funding
LWCF.
Here is a summary of the Boxer/Miller legislation:
PERMANENT PROTECTION FOR AMERICA' S
RESOURCES 2000
(Authors : Congressman George Miller and Senator Barbara Boxer)
PERMANENT PROTECTION FOR AMERICA' S RESOURCES 2000 is a bold, -historic
initiative to provide substantial and permanent funding from offshore
oil resources for the acquisition improvement and maintenance of public
resources throughout the United States . , public lands, parks, marine and
coastal resources, historic preservation, fish and wildlife . Resources
2000 will provide permanent, annual sources of funding for high priority
resources preservation goals :
Land and Water Conservation Fund (Federal) : $450 million
One-half of the annual $900 million allocation of the LWCF would be
dedicated to Federal land
acquisition purposes . These funds would be used to acquire lands or
interests in authorized by
Congress for our national parks, national forests, national wildlife
Printed for open space district <mrosd@openspace.org> 1
John Woodbury, 01 :23 PM 2/16/99 , A Very Important Opportunity
refuges, and public lands .
Land and Water Conservation Fund (Stateside) ; $450 million
One-half of the annual $900 million allocation of the LWCF would go for
matching grants to the States for the acquisition of lands or interests,
planning, and development of outdoor recreation facilities . Two-thirds
of the funds shall be allocated by formula of which 3 0% shall be
distributed equally among the States, and 70% apportioned on the basis
of the population each State bears to the total population of all
States- One-third would be awarded on the basis of competitive grants .
Modifies the requirements of the State Plan in order to be mom flexible
in meeting the purposes of the Act .
Urban Parks and Recreational Recovery: $100 million
Matching grants to local governments to rehabilitate recreation on areas
and facilities, provide for the development of improvements recreation
programs, and to acquire, develop, or construct new recreation sites and
facilities .
Historic Preservation Fund: $150 million
Funding for the programs of the Historic Preservation Act, including
grants to the States,
maintaining the National Register of Historic Places, and administer
numerous historic
preservation programs, Allows up to one-third of the Rinds for priority
preservation projects of
public and private entities, including preserving historic structures
and sites, as well as,
significant documents, photographs, works of art etc,
Lands Restoration: S250 million
Provides funds to undertake a coordinated program on Federal and Indian
lands to restore degraded lands, protect resources that are threatened
with degradation, and protect public health and safety.
Endangered and Threatened Species Recovery Fund; . $100 million
Creates a dedicated source of funding to the Fish and Wildlife Service
and the National Marine Fisheries Service for the purpose of
implementing a private landowners incentive program for the recovery of
endangered and threatened species and the habitat that they depend on .
Monies would be used by the Secretaries to enter in to "endangered and
threatened species recovery agreements" with private landowners
providing grants to I) carry out activities and protect habitat (not
otherwise required by the law) that would contribute to the recovery of
a threatened or endangered species or 2) to refrain from carrying out
otherwise lawful activities that would inhibit the recovery of such
species . Priority will be given to small landowners who would otherwise
jPrinted for open space district <mrosd@openspace.org> 2
John Woodbury, 0123 PM 2/16/99 A Very Important Opportunity 1
not have the resources to participate in such programs .
Ocean Fish/ Wildlife Conservation. Restoration, and Management 5300
million
Funding for the conservation, restoration and management of ocean fish
and wildlife of the United States, Two-thirds of the total would be
available to coastal states (including Great Lakes States, territories,
and possessions of the ' U. S . ) for the development, revision, and
implementation of comprehensive ocean fish and wildlife conservation
plans, Funds would be allocated to the states by a formula that gives
two-thirds weight to a state ' s coastal Population and one-third weight
to the length of a state ' s shoreline. Minimum and maximum grants sizes
will be utilized to ensure equitable funding among the states . To be
approved, a state ocean fish and wildlife conservation plan must provide
for: an inventory of ocean fish and wildlife and their -habitat;
identification and prioritization of conservation actions ' ; monitoring
of plan species and the effectiveness of conservation actions; public
input; and periodic plan review: and revision.
The remaining one- third of funds would be awarded by the Secretary of
Commerce as
competitive, peer-reviewed grants for living marine resource
conservation. High priority would
be given to proposals involving public/private Conservation
partnerships, but any person would
be eligible to apply for a grant under this provision. A maximum grant
size will be established to
ensure that a small number of large projects do not consume the bulk of
the funding in a given
fiscal year.
Native Fish/Wildlife Conservation, Restoration, Management : $3 0 million
Permanent appropriation for the conservation of native fish, wildlife
and plants . It amends the Fish and Wildlife Conservation Act of 1980
(FWCA, 16 US .0 2901 et seg. ) to: make funding available to the states
for the development and implementation of comprehensive native wildlife
conservation plans . To be approved a state ' s plan must provide for: an
inventory of wildlife and its habitat on a state-wide basis;
identification- and prioritization of conservation actions; monitoring
of plan species and the effectiveness of conservation actions; public
input; and periodic plan review and revision. Funds are to be allocated
on a formula based one-third on the area of a state relative to the
total area of all the states and two-thirds on the relative population
of a state .
States are eligible for reimbursement of 75 percent of the cost of
developing and' implementing
state . wildlife conservation plans . Federal funds are only available for
plan development costs for
the first 10 years . As an additional incentive, federal funds will pay
for up to 90 percent of- plan
---
Printed for open space district <mrosd@openspace.org> 3
F John Woodbury, 01:23 PM 2/16/99 , A Very Important Opportunity
development costs during the first three years; and conservation actions
undertaken by two or
more states . In addition, in the absence of an approved plan, the
Secretary may reimburse a state
for certain on-the-ground
Farmland and Open Space Preservation Grants : $150 million
Matching, competitive grants to state, local and tribal governments for
open space planning,
acquisition and administration of threatened farmland and urban forests,
to help communities
grow in ways that ensure a high quality of life and strong, sustainable
economic growth. Such
grants could be used to match state or local long term bond initiatives
approved by voters to
preserve green spaces for conservation, : recreation and other
environmental goals. These monies
could also be used for administration or management by private,
non-profit organizations, such
as land trusts, assigned fee-simple title or administrative functions by
states or local governments
when the state, local or tribal government so chooses .
(Printed for open space district <mrosd@openspace.org> 4
INTER-OFFICE MEMORANDUM
February 17, 1999
TO: C. Britton, General Manger
FROM: G. Baillie, Operations Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month January Year 1999
VIOLATIONS TOTALS CITES CRIMES TOTALS CITES
Bicycles False Information 4 —0
Closed area 8 4
Speed 4 3 ACCIDENTS/INCIDENTS
Helmet 5 3 Bicycle 1
Night-riding 0 0 Search & Rescue — 1
Unsafe operation 0 —0
Dogs ENFORCEMENT
Prohibited area 4 0 Citations 50
Off-leash 4 2 Written warnings 24
Off-road vehicles 1 0 Arrests — 0
Closed area 1 1 Police assistance — 3
After hours 3 0
Vandalism 7 0 MUTUAL AID
Parking 19 14 Accidents 3
Parking after hours 28 22 Law Enforcement — 3
Dumping/littering 1 1 Landing Zone — 0
Campfires 0 0 Fire 1
Camping 0 0
Weapons
Actual contact 0 0
Report only 0 0
Evidence of 1 0
Unlawful trail construction 3 0
SUMMARIES OF SIGNIFICANT INCIDENTS
Jan. 1: At Windy Hill OSP nine .45 caliber shell casings were found in the picnic area. A
neighboring rancher also found numerous casings in the highway turnout across from the
picnic area. D. Danielson.
Jan. 2: T. Randall and P. Hearin responded to St. Joseph's Hill on a report of a person down. The
visitor was found in Novitiate Park and P. Hearin performed CPR. Paramedics attempted to
revive the person before they pronounced him dead. Los Gatos rangers, Los Gatos police,
county fire, and AMR paramedics responded to the scene.
Jan. 5: A search for two lost persons occurred near the new Girdner property addition to Saratoga
Gap OSP. They were found on adjacent private property. P. Congdon, B. Downing.
Jan. 8: An after hours driver was stopped by M. Newburn in Rancho San Antonio OSP. The
vehicle had expired registration and the driver had a suspended license. A deputy
responded, cited the driver, towed the vehicle, and transported the driver to a pay phone.
Jan. 11: An arson fire occurred on State Park property at the northwest corner of Hwy 9 and Hwy
35, immediately adjacent to Long Ridge OSP. A large pile of dry brush and limbs was
ignited. A similar incident occurred in December. D. Danielson, L. Paterson.
Jan. 21: At Monte Bello OSP an inscribed memorial stone, 12" x 18", and an area planted in bulbs
were found near Lorie's pond.
Jan. 29: An off-duty District employee observed a drunk driver on Skyline Blvd. He used a District
portable radio to alert CHP through Mt. View dispatch. The person was stopped by CHP.
Additionally, the vehicle was thought to be stolen. C. Beckman.
Jan. 29. At Monte Bello OSP a vehicle was observed on the preserve at 10:15 p.m. Palo Alto police
were requested for assistance. It took them one hour and five minutes to respond. The
responding police unit requested directions twice. We were unable to locate the vehicle. An
unassociated parked vehicle was cited at Monte Bello southgate and two visitors verbally
warned about blocking the road and being out after hours. L. Paterson.
Trail Vandalism Incidents:
Jan. 2: K. Miller discovered that two new entrances were constructed to access the closed Moody
Trail in Sierra Azul OSP. New trails were constructed through the brush to bypass fences.
Fresh bike tracks and bike shoe footprints were found in the area.
Jan. 4: K. Miller discovered two five-foot sections of chain link fence had been cut and removed
between the vista point and Pulgas Ridge OSP. The same section of fence had been repaired
in December.
Jan. 16: T. Randall discovered a new illegal trail in the Woods Road area of Sierra Azul OSP. Two
earthen ramps were built for jumping. Rock outcroppings are being used for the same
purpose. The primary users of this trail appear to be bicyclists.
Jan. 19: K. Miller discovered that three ten-foot sections of chain link fence had been cut between the
vista point and Pulgas Ridge OSP. One section had been repaired in early January.
Jan. 24 - At El Corte de Madera OSP four incidents of vandalism were discovered by B. Downing
30: and W. Phillips. A closure fence at the bottom of an illegal trail was torn down, the
barricade for the Methuselah closure was bent over, a "Closed Not a Trail' sign was bent,
and a directional sign was pulled out of the ground and taken to the radio towers.
Jan. 31: T. Randall discovered an unlawfully constructed trail in Pulgas Ridge OSP approximately
one-half mile long. The trail originates from near the vista point.
1
ARASTRADERO
PRESERVE
STEWARDSHIP PROJECT
A collaborative effort
between Bay Area Action,
and the City of Palo Alto
BAY AREA ACTION
11 February 1999 715 COLORADO AVENUE,SUITE 1
�"1 _ PALO ALTO,CALIFORNIA 94303-3913
• TELEPHONE 650.321.1994
L. Craig Britton . FAX 650-321.1995 ,
General Manager' EMAIL SAACTION®IGC.ORG -
330 Distel Circle WWW.BAACTION.ORG/ARASTRADERA/ .
Los Altos, CA 94022-1404
Dear Craig,
On behalf of the 1999 Peninsula South Bay Restoration Workshop co-organizers; Karen Cotter
(Bay Area Action);Jodi Isaacs (MROSD),Georgia Stigall (Native Habitats),Joan Schwan .
(Magic) and Don Mayall (CNPS), please convey my thanks to the Board and staff at the Skyline
Ranger office for hosting this important event. The workshop was a resounding success with
over 50 participants from throughout the Bioregion.
'The workshop was designed to permit professional and volunteer resource managers and'
restorationists to network, share project information and increase the level of cooperative ventures
regarding restoration of public and private land. Managers,rangers,resource managers and
community volunteers came from San Mateo County Parks, State Parks, East Bay Regional
Parks, Santa Clara County Water District, California Native Plant Society, private restoration
companies and numerous small non-profit organizations. We were also very pleased to have
MROSD staff members Stan Hooper and Michael Jurich in attendance. Proceedings of the
workshop will be posted at our website (http://www.Arastradero.otg).
It was a glorious day on the backbone of the Santa Cruz Mountains and the workshop ended with
a hike through the Russian Ridge Grassland study area. Consultants Tamara Kan and Paul
Kephart joined Jodi Isaacs in presenting the preliminary results of the study and showing the
various treatment areas. The District should be commended for the excellent work done by Jodi,
Paul,Tamara and the field staff who have implemented this comprehensive study. I believe all of
the participants were impressed both with the scope of the problem and the careful work being
done to study the plant communities and analyze various control strategies. The ecological and
-economic results from this important work will be valvable to landowners throughout,the
Bioregion.
I would like to take this opportunity to express my hope that the final results of this study will
result in a commitment by the Board to a long-term,well-funded plan for restoration of the native
grassland at Russian Ridge, and other appropriate District properties.
Again, sincere thanks from all of the workshops co-organizers for hosting the event and
providing leadership in the arena of native community restoration efforts.
Sincerely,
David Smernoff '
Project Director,
Arastradero Preserve Stewardship Project £FEB 6 1999
y
cc: David Sanguinetti
Jodi Isaacs