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Home My Public Portal About19990628 - Agendas Packet - Board of Directors (BOD) - 99-16 Regional Open , ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-16 NOTICE OF SPECIAL,MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Monday Los Altos, California June 28, 1999 *** PLEASE NOTE*** 7:30 P.M. Special Meeting Start Time (7:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA BOARD BUSINESS (7:45) 1. Approval of Exercise of Option to Purchase Real Property of Lands of the Arlie Land and Cattle Company Located in Unincorporated Santa Clara County Near Bear Creek Road and State Route 17; Conveyance of Fee Interest in Upper Portion of the Property to Peninsula Open Space Trust, and Approval of Purchase Agreement Therefore; Approval of Lease and Management Agreement Between District and Peninsula Open Space Trust Regarding Upper Portion of the Property; Approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring Program in Accordance with California Environmental Quality Act; Adoption of Preliminary Use and Management Plan and Naming Property an Addition to Bear Creek Redwoods Open Space Preserve; Approval of Residual Timber Rights Option Agreement With Gregory Demers and Termination of Arlie Residual Timber Rights Option Agreement; Approval of Letter Agreement With Arlie Land and Cattle Company Regarding Terms and Conditions of Exercise of Option; and Authorization for the Board President and General Manager to Execute All Documents Necessary or Appropriate to Implement or Close These Transactions, Including Escrow Documents I W Distel Circ(e . I os Altos, CA 94022-1404 Phone 650 691-1200 FAX: 050-691 0487) . E-mail: Weh site:www.openshace.ort; �u.ut(oi t>rrfc hns.Pete`,iemoi" "I'm C DaVey, led Cyr, Deane Little Nmwlte Hanko, Rets% Cromler, Kenneth C. Nit/ - General AVLinagol:I.(fait;Rriflzm Meeting 99-16 Page 2 Adoption of Resolution Authorizing Exercise of Option to Purchase Real Property of Lands of Arlie Land and Cattle Company; Authorizing Acceptance and Execution of Purchase Agreement and Lease and Management Agreement Between District and Peninsula Open Space Trust Regarding Upper Portion of the Property and Necessary Related Documents; Approving Mitigated Negative Declaration and Mitigation Monitoring Program and Adopting Findings Pursuant to the California Environmental Quality Act; Approving Residual Timber Rights Option Agreement With Gregory Demers and Termination of Residual Timber Rights Option Agreement With Arlie Land and Cattle Company; Approving Letter Agreement With Arlie Land and Cattle Company Regarding Terms and Conditions of Exercise of Option; Authorizing Officer to Execute Certificate of Acceptance of Grant to District; and Authorizing General Manager and Board President to Execute Any and All Other Documents Necessary or Appropriate to Implementation or Closing of These Transactions, Including Escrow Documents (Bear Creek Redwoods Open Space Preserve - Lands of Arlie Land and Cattle Company) INFORMATIONAL REPORTS -- Directors and Staff (8:45) CLAIMS ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. PLEASE NOTE THAT THE SPECIAL MEETING WILL BE CONVENED AT THE ABOVE TIME AND PLACE AND MAY BE CONTINUED TO JUNE 309 1999 AT 7:30 P.M. AT THE SAME LOCATION IF NECESSARY. Regional Open N, .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF PUBLIC HEARING RESCHEDULING MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD OF DIRECTORS JUNE 28, 1999 7:30 P.M. SUBJECT: PUBLIC HEARING ON PROPOSED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PROJECT: PROPOSED ACQUISITION- ADDITION TO BEAR CREEK REDWOODS OPEN SPACE PRESERVE AND PROPOSED MITIGATED NEGATIVE DECLARATION LANDS OF ARLIE LAND & CATTLE COMPANY Unincorporated Santa Clara County, State Route 17 APN(s): 544-32-001, 544-33-001, 544-33-002 The Board of Directors has scheduled a public hearing on the above entitled matter to be held on June 28, 1999 at 7:30 P.M. at the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022-1404. The Special Meeting will be held on June 28th and may be continued to 7:30 P.M. June 30, 1999 if necessary. Please take notice that the public hearing previously scheduled to be held on June 24, 1999 at 5:00 P.M. has been canceled, and that the June 28th hearing will commence at 7:30 P.M. THE DISTRICT MAY REVISE THIS HEARING SCHEDULE TO CONSIDER THE PROPOSED PROJECT AND MITIGATED NEGATIVE DECLARATION. IN THAT EVENT, A SEPARATE PUBLIC NOTICE OF THE DATE AND TIME OF SUCH MEETING WILL BE MAILED TO YOU. Peggy Coats District Clerk June 21, 1999 110 Distel Circle * Los Alto,;, CA 94022-1404 - Phone: 050-691-1200 FAX. 050-091-0485 * E-mail: mr0sd0(1oj)en,4)a(e.org - Web site:ww\,k,.oj)ensf)a(e.org (34)x(lot Oire(tot,:Pew Swnwns, ',Liry C. led Cyr, Deone Little, Nonetle Hanko, Bow Crowder, Kenneth C. Nitz - General,81,m,)'go:1 Cww Britton June 23, 1999 I, Jed Cyr, President of the Board of Directors of the Midpeninsula Regional Open Space District, do hereby call a SPECIAL MEETING of the BOARD OF DIRECTORS on Monday, June 28, 1999, at the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022, at 7:30 p.m. for the following purposes: Approval of Agreement to Exercise Option and Purchase of Real Property of Lands of the Arlie Land and Cattle Company; Transfer of Fee Interest in Upper Portion of the Property to Peninsula Open Space Trust, Approval of Lease and Management Agreement and Purchase Agreement with Peninsula Open Space Trust; Approval of Proposed Mitigated Negative Declaration in Accordance with California Environmental Quality Act; Adoption of Preliminary Use and Management Plan and Naming Property an Addition to Bear Creek Redwoods Open Space Preserve; and Approval of Residual Timber Rights Option Agreement from Gregory Demers and Termination of Arlie Residual Timber Rights Option Agreement I hereby call a continuation of the Special Meeting, if necessary, to Wednesday, June 30, 1999 at 7:30 p.m. j j Jed Cy resident Date Mid-Peninsula Regional Open Space District Public Meeting, 7:30 PM Craig Britton, Director June 28, 1999 Dear Board Members and Directors; I am here as a private citizen to protest your approval of the overpriced land purchase of the 1100 acre former Alma College Properties before you tonight. I attended your last meeting which was emotionally charged regarding the hasty purchase of this property for$30.2 M including the timber rights. This property has been for sale for over 20 years. The District has been "Duped" into paying such a high price. The false urgency to purchase this site for an exorbitant$14.5 M as compared to LGCC's option price of less than $8.0M, is outrageous! Why would anyone pay so much more for the same piece of property? Why risk increased costs and expensive legal battles including tortous claims, personal damage suits, among others? The purchase decision was made in haste. If soberly and deliberately studied the analysis will reveal that the County and neighbors would never have allowed 55 home sites. Previously, Hong Kong Metro Realty had only 30 certificates of compliance but were discouraged from pursuing them in this hillside area. Many other obstacles would also have prohibited large-scale development of this site. Over the past several months, we have tried unsuccessfully to reach your Director, Board Members and attorneys for meetings. We were denied this access and accused of making threats by your attorney. The intention was to place a mutually beneficial compromise before you. The offer includes payment of up to $10.M dollars to aide you in this land purchase in return for a limited number of home sites and a long term lease on the golf course. The income (From the last two thirds of the lease term) could amount to increased revenue of $75.M or more. The District apparently is in need of regular income for maintenance, staffing and purchase of other land. If, following the term of the lease, the District decided not to renew it, a park may be easily created. All improvements (over $25M) would belong to the District at the end of the lease including renovation of the 500,000 gallon tank and ancient water system. The increased revenue, avoidance of further legal problems and the myriad of benefits to the community may well be worth consideration by the Board. I believe that I know more about the property that anyone. Over the past nine (9) years as manager, I have walked every accessible area, studied old and current maps in association with the County. Therefore, It appears that you are all misinformed and not aware of the facts. For example, when a slide of the property boundaries was displayed it was in error. A neighbor, Candi Wosniak stood up and pointed out a gate identified as located as part of the property which is, in reality, owned by the neighbors . Furthermore, None of you asked any pertinent questions before voting to approve the largest expenditure in your short history. Why wasn't an appraisal done? Why doesn't the mitigated negative declaration discuss potential traffic problems associated with full operation? What about YOUR suggestion in association with the Sierra Club that the Black Road Landslide may be hazardous? Last year, Hugh Graham and the County Staff requested that prior to use of this site a$470,000 study be conducted to evaluate the safety of this area. This required deep holes to be dug throughout the 1100 acres and adjacent property to discover the boundaries of this 300-400 year old but possibly continuing threat. Why isn't the District asked to do likewise? The golf course use is less intense than this proposed use. According to Bill Cotton Seismologist, the golf improvements would act as help in stabilizing the area. Your "Negative Declaration" is deferring issues illegally. Are there different standards for the District? Is this potential problem going to vanish all of a sudden? Let's remember, the C.E.Q.U.A. act requires evaluation of any potential and/or existing environmental problem(s) with development of land in California. The spirit and letter of CEQUA laws are being violated. Any developer must study potential and current hazards. Has the District been allowed to "Fast track" their mitigation's? The proposed LGCC had to follow all the rules and extensive timelines for public hearings. Based on your associated groups objections, since they wanted the District to acquire the land for a park, LGCC was denied. ( Public Hearing minutes remain on file at the S.C. Co. office.) Are you aware that raw sewage has been spilling into Web Creek and the Lexington Res. for over 30 years? The 3/4 mile sewage treatment plant pipeline has been plugged by old roots for many years. The man holes overflow into the creek and the slide mentioned in your report has ruptured the lines. We repaired it many times only to see it break again. St. Joseph's property acquired by the District condemnation in the 1980's, contains dump sites which continue to cause problems. Alma College is the same. The contaminates include asbestos, asphalt and PCP's from an old electrical substation. These were mentioned in your purchase agreement. Why are they not addressed prior to a purchase? The caretaker permit was granted for one year back in 1985. Thus, has been expired. It is also non-conforming as is the equestrian center. The District contemplated use of some of the historic structures which I placed in the historic registry for Santa Clara County. These structures will require an EIR to determine the fire danger, traffic, water, hazardous wastes and fault line ramifications at a minimum. In addition, Page four (4) of your R-99-33 refers to "The water tank is operated by San Jose Water Company and serves the adjacent Presentation Center..." That is not a true statement. San Jose Water Works will not operate individual systems in the mountain area. The agenda for the District's meeting tonight was mailed on June 24th, Thursday and received Saturday. This allows only one business day to review and comment at your scheduled hearing on Monday evening. Why the rush? Most any public agency allow a min. of thirty (30) days. Don't your bylaws require public comments? Today's SJMNews article ( 6-28-99) written by your friend Paul Rogers, is once again incorrect. He stated "This brings an end to the controversy and lawsuits." Indeed just the opposite it true. Now P.O.S.T. may be added as an additional and contributing agency who has caused my civil right,, to be violated. A 1983 Federal law ( LA Police vs Rodney King, as one example ) states it is a "Crime to deny anyone of their civil rights..." whereby "Each and every involved board member may be held personally responsible..." for utilizing their office-and/or position of power to act in this way.... MostSincerely;" Pietro G. Denevi, A 72 year resident who has spent over $1.7M and nearly a decade of work toward the goal of creating an organicly based semi-public golf course on the former Alma College site for the benefit of the entire community. cc: Audrey Rust, P.O.S.T. Director enclosure i I County of Santa Clam. GO i/-v J Environrnentai Resources Agency Planning Office k ; County Government Center. East wing. 71h Floor 70 Nest Hedding Street 1850�\ San Jose. California 95 1 10-1 705 ��q CVO (408)299-2454 FAX 279-8537 Pete Denevi April 27, 1998 129 Vista Real Court Los Gatos, CA 95032 Subject: File# 5814-26-45-97P, Project Environmental Fund for the Los Gatos Country Club EIR Dear Mr. Denevi: I have received from Tom Fitzwater of Robert Bein,William Frost&Associates an estimated cost for the EIR studies outlined in my letter of March 3, 1998. Those studies would most probably contain"significant new information" that must be integrated into a DEIR recirculated for public comment. The estimated cost for completing this document is$377,911. Santa Clara County's Environmental Procedures require the project applicant to deposit into the Project Environmental Fund held by the County an amount equal to this estimate plus 25% to cover County fees and unexpected contingencies. This amount would equal $472,388.75. Since$5,019 currently remains in the fund, we will need from you a check for $467,369.75 made out to Santa Clara County. The great bulk of the EIR cost relates to the geologic studies. These studies are to determine the impact on the Black Road landslide of proposed development of the golf course and cumulative activity on the adjoining acreage under the same ownership relating to a timber harvest and potential new residences. Both the Santa Clara Valley Water District and CALTRANS have determined that the information found in the current DEIR is inadequate to reach definitive conclusions respecting the landslide and its potential within the context of the proposed development to adversely impact the Lexington Reservoir and/or Highway 17. The proposed geologic studies have been designed to provide these answers. I am attaching letters and scopes of work that detail the development of the geologic study proposal. CALTRANS has orally informed me that they are satisfied with the scope of the proposed geologic studies. Should the geologic studies conclude that the Black Road landslide could be impacted by the proposed development and in turn impact the Lexington Reservoir, an additional hydrological study would be necessary. However,I did not want to delay communicating to you the costs involved with further processing of your development proposal by awaiting an estimate of the cost to provide such a hydrological study. I will assume at this point that any cost associated with such a hydrologic study will be covered by the contingency amounts incorporated into the above figure. Should this assumption prove wrong, additional funds will be required to complete this document. We believe the need to complete these additional studies, which shall delay presentation of the EIR for certification, to be compelling reasons supporting a reasonable extension of time for the completion of the EIR. So that there is no question regarding compliance with Board of Supervisors: Donald F. Gage. Blanca .-\ivarado. Pei S1cmigh. James T. Beall Jr.. S. Josel)h Simitian County Ewcutive: Richard Wmenberg „� Regional R-99-93 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-16 June 24, 1999 AGENDA ITEM 1 AGENDA ITEM Approval of Exercise of Option to Purchase of Real Property of Lands of the Arlie Land and Cattle Company; Conveyance of Fee Interest in Upper Portion of the Property to Peninsula Open Space Trust, and Approval of Purchase Agreement Therefore; Approval of Lease and Management Agreement Between District and Peninsula Open Space Trust Regarding Upper Portion of the Property; Approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring Program in Accordance with California Environmental Quality Act; Adoption of Preliminary Use and Management Plan and Naming Property an Addition to Bear Creek Redwoods Open Space Preserve; Approval of Residual Timber Rights Option Agreement with Gregory Demers and Termination of Residual Timber Rights Option Agreement with Arlie Land and Cattle Company; Approval of Letter Agreement with Arlie Land and Cattle Company Regarding Certain Terms and Conditions of Exercise of Option; and Authorization For The Board President and General Manager to Execute All Documents Necessary or Appropriate To Implement and/or Close These Transactions, Including Escrow Documents r' GENERAL MANAGER'S MMENDATI 1. Approve Proposed Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with California Environmental Quality Act ("CEQA") and adopt the CEQA findings as set out in this report. 2. Adopt the attached Resolution approving, among other things, Exercise of the District's Option to Purchase the Upper Property and Lower Property owned by Arlie Land and Cattle Company; the conveyance of ownership of the Upper Property to Peninsula Open Space Trust; and approving the attached Purchase Agreement and Lease and Management Agreement between the District and Peninsula Open Space Trust. 3. Adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property the Bear Creek Redwoods Open Space Preserve. 4. Approve the attached Residual Timber Rights Option Agreement with Gregory Demers and Termination of the Residual Timber Rights Option Agreement with Arlie Land and Cattle Company. 5. Approve the attached Letter Agreement between the District and Arlie Land and Cattle Company regarding conditions of exercise of the Options. 6. Authorize the Board President and General Manager to execute all documents necessary or appropriate to implement these transactions, including escrow documents. 330 F7istel Circle * t os Altos, CA 94022-1404 Phone:650-091-1 200 �4% FAX:050-091-0485 * E-mail: mrosd(C)openspace.org Weh site: www.openspaee.org Roard of t)ire(tol':Pete Siemens Mmv C.D,1vcy,ted(vr, Pemw Little Nonefic I lanko, Bow Crowder, Kenneth C. Nit/ >(,onoml Alanw,r;ui L (rail,13ntt(m ii R-99-93 Page 2 7. Indicate your intention to dedicate the Lower Property as public open space. INTRODUCTION On March 10, 1999 the District acquired two options over portions of lands owned by Arlie Land and Cattle Company ("Arlie") located along Bear Creek Road on the west side of the Lexington Reservoir between State Highway 17 and Summit Road (see report R-99-07). The first option is over an 811-acre parcel (consisting of the 805-acre Upper Property and the 6- acre Mellots Property) and the second option is over a 260-acre parcel (Lower Property). The District acquired these options, a nine-year lease on the Upper and Mellots Properties, as well as various other interests and rights, for $10,500,000. The District also acquired an option to acquire both the Upper and Lower Property together for an additional payment of$14,500,000, for a total purchase price of$25,000,000. (This option excludes the 6-acre Mellots parcel.) Tonight, the District Board is considering whether to exercise the District's option to purchase the Upper and Lower Property. The District's financial ability to purchase the Upper and Lower Properties at this time is made possible by the joint efforts of the Peninsula Open Space Trust ("POST") which has offered to contribute $10,000,000 towards the purchase price. If approved, through a separate agreement between the District and POST, the District will convey fee title to the 805-acre Upper Property to POST and enter into a 5-year Lease and Management Agreement for operation of the Upper Property as an open space preserve. In this interim period, POST and the District will seek grant funding and private gifts and contributions with the intent to reconvey fee title to the Upper Property to the District. SITE DESCRIPTION (see Location Map on page 12 of this Report) The following is a general description of the 260-acre Lower Property. The property is largely undeveloped and in a natural condition, although there is a 4-acre former college complex, two small cabins and a small residence in dilapidated condition, an equestrian facility, a self-contained water system, two ponds, and landscape features such as masonry and concrete walls, walkways and alcoves. The property is irregularly-shaped and bounded by State Highway 17 to the east, Bear Creek Road and private property to the north, private property to the southeast, and the Upper Property, currently leased by the District, to the south and west. There are four prominent ridges on the property bordered by three major creeks. The surrounding landscape is predominantly mixed evergreen forest in the ravines and oak woodland on the ridges with large pockets of open grassland. The creek corridors along Webb Creek, Collins Creek and Briggs Creek are densely forested and contain bays, laurels, redwoods and Douglas firs. These creeks drain under State Highway 17 to Lexington Reservoir. R-99-93 Page 3 There is an existing network of roads and trails on the Lower Property being used by equestrians and hikers who gain access from the on-site equestrian facility or neighboring properties. Near the interchange at Bear Creek Road and State Highway 17, an equestrian trail enters the property and connects to a series of trails that circulate through the open grassland areas. There are two trail routes that cross the upper and lower portions of Briggs Creek from the grasslands and lead to other trails connecting to the equestrian facility, State Highway 17, and the former college site. To the west of the college site there is a road paralleling the southwest side of Webb Creek south towards State Highway 17 and Collins Creek. This trail serves as the only access to the southernmost portion of the Upper Property. Alma College Road, a paved driveway, bisects the Lower Property and intersects with Bear Creek Road and State Highway 17. Under an agreement with Arlie, Big Creek Lumber Company is using Alma College Road to transport timber from an existing timber harvest area on the Upper Property down to State Highway 17. Timber harvesting is expected to be completed by October of this year and there are no other approved timber harvest plans at this time, although it is anticipated that Big Creek will pursue an additional timber harvest plan in the future. Alma College Complex In 1934, the Novitiate of Los Gatos built a Jesuit seminary in the northwest corner of the Lower Property in an area that was originally a private estate in the 1800's. The seminary encompassed a number of buildings used for education, worship, residences and maintenance that were located along a ridge stretching from Bear Creek Road toward State Highway 17. The seminary moved from the site in 1969 and the buildings were subsequently used as a boys' school and later became the site of West Heights Christian School, a private school that operated there until 1994. A number of structures remain on the site including classrooms, library, chapel, dormitories, and garage. In addition there are concrete and masonry walls that buttress buildings and hillsides and provide vantage points for scenic vistas. Since 1994, the library has been used for a caretaker's residence and, until recently, a construction company leased a small construction office and garage. A small landslide comprised largely of demolished building materials is located adjacent to the Alma College complex above Webb Creek. Studies have indicated that a badly burned building may have been buried at this location and the materials include asbestos. Although the burial site had been covered with natural material and was obscure, recently it has destabilized and is moving downslope towards the creek. Building materials are now exposed and need to be removed. Other Structures Other structures are found to the east and north of the college site. On a hilltop, referred to as Radio Tower Hill, and located directly southeast of the college site, there is a small vacant cabin, a 500,000 gallon concrete water tank, an abandoned septic system, and large masonry and concrete walls. At one time, the Jesuits operated a radio transmitter and equipment from R-99-93 Page 4 the cabin which is now in a state of disrepair. The water tank is operated by San Jose Water Company and serves the adjacent Presentation Center and the former college complex, although the service to the college buildings is not currently connected. To the east of the water tanks is the site of the abandoned septic system that served the college complex and to the south are remnants of masonry walls where maintenance buildings were located. An equestrian facility is located on a narrow ridge east of the college site. Situated between two deep ravines and Briggs Creek tributaries, the 5-acre facility consists of two small residences, barn, trailer, and numerous accessory structures including horse shelters and corrals. Most of the structures are in poor condition. The stable is operated as a boarding facility and there are approximately 70 horses on-site and many of these boarders use the existing roads and trails on both the Lower and Upper Properties. In the central portion of the property and east of the equestrian facility, a partially dismantled L-shaped residence, and small cabin are located on the grassy hills overlooking Lexington Reservoir. There are remnants of animal pens and shelters near the main residence. USE AND MANAGEMENT PLAN Plan-nine Considerations The Lower 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 recreation, wildlife habitat, watershed and scenic hillside protection. It is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring one dwelling unit per 160 acres, unless the development is clustered whereby the allowable density is determined by the "20-160 acre variable slope density formula" and is based on the average steepness of the property. However, the entire property (Upper and Lower) may have as many as 53 legal residential sites based upon historic entitlements, and development could proceed now on that basis. Santa Clara County's Countywide Trails Master Plan shows an existing and planned section of the Bay Area Ridge Trail in the general vicinity and crossing State Highway 17 at the Bear Creek Road overpass. First cut timber rights on the Upper Property are currently owned by Big Creek Lumber Company. However, they do not have any timber rights on the Lower Property. The District has no authority over the existing approved Timber Harvest Plan or future timber harvesting activities on the adjacent Upper Property but will have an opportunity to submit comments concerning any future harvest to California Department of Forestry which is the regulatory agency responsible for environmental review, approvals, and permits for such activities. The District has contracted with a forester who is submitting comments to Big Creek Lumber Company on the timber selection process to help protect the District's interests as a lessor of the property. The District would also be able to submit comments on future plans as the District will continue to be a lessee under the Lease and Management Agreement with POST. The District would acquire all timber on the Lower Property and will receive a charitable R-99-93 Page 5 donation of the Residual Timber Rights on the Upper Property not already owned by Big Creek Lumber, which will be preserved for conservation purposes. (A donation agreement is before the Board tonight for approval which substitutes the current owner of the Residual Timber Rights, Gregory Demers, in lieu of Arlie.) Outside of two dilapidated cabins and a small residence that are located to the north and east of the college site and are potential safety problems, all other buildings on the Lower Property are being retained including the equestrian facility and the 4-acre former college building complex. The District will work with the tenants of the equestrian facility to continue its operation. Long term, the college buildings will be subject to an extensive public review process outlined in the District's Open Space Use and Management Planning Process and Policies Regarding Improvements on District Lands. The process will include a detailed analysis of the buildings' structural integrity, historical values, and potential uses. The District will stabilize the buildings to prevent further deterioration, but will not allow public access to these buildings in the foreseeable future. In the event that after the planning process it were determined public access to the buildings would occur, the District will avoid any substantial adverse change to any historic resource on the project site. An initial investigation of the college complex by staff indicates that some building are in poor condition and geologic studies referenced in the 1997 Los Gatos Country Club Draft Environmental Impact Report (DEIR) indicate that trace faults may lie under a portion of the complex. In addition, the DEIR states the Alma College building complex and other structures on the Lower Property were assessed in regards to historical significance. The report noted that portions of the complex consisting of the classroom building, library, chapel and landscape features of the upper lake were added to the Santa Clara County Resource Inventory by the Santa Clara Board of Supervisors on January 10, 1995. As stated, the District will stabilize the buildings to prevent further deterioration. An Initial Study and Proposed Mitigated Negative Declaration for the acquisition of the Lower Property were circulated for public review commencing on June 3, 1999. The Project Summary states the 260-acre Lower Property would be added to the adjacent 811-acre Upper Property. Since the option to acquire the Lower Property, together with the Upper Property, does not include the 6-acre Mellots Property, the District will be adding the 260-acre Lower Property to the 805-acre Upper Property to expand the preserve to a total of 1,065 acres. The acquisition of the Upper Property and Arlie's retention of title to the Mellots Property was previously approved by the Board and determined to be categorically exempt from CEQA on March 10, 1999. PreliminM Use and Management Plan Recommendations The Preliminary Use and Management Plan for the Lower Property will take effect at the close of escrow. This Plan addresses use and management issues pertaining to only the 260-acre Lower Property that the District is acquiring. (This Plan will be integrated with the Preliminary Use and Management Plan previously approved by the Board for the Upper R-99-93 Page 6 Property.) The property, outside of the college complex and equestrian facility, will be maintained in its natural condition and managed for open space purposes only. Existing roads and trails will be maintained and open for use by the managers and clients of the equestrian facility and other limited use by permits. The Lower Property will be closed to general public use to allow for detailed resource analysis and site planning and eventually opened for low- intensity public equestrian and hiking trail use. All mitigation measures contained in the Mitigated Negative Declaration and Mitigation Monitoring Program will be included in this Preliminary Use and Management Plan, and any future Comprehensive Use and Management Plan. The existing Preliminary Use and Management Plan for the Upper Property, adopted on March 10, 1999, will stay in effect, unchanged, during the term of the lease with Peninsula Open Space Trust. Public Access: Closed to the public during the period of time needed to conduct detailed resource analysis and site planning, except under permitted conditions approved by the General Manager for the purposes of environmental studies and surveillance. Barriers: Install and maintain gates and fencing at all entrances along Bear Creek and State Highway 17. Roads: Maintain existing roads on the Lower Property for patrol, maintenance and emergency purposes. Signs: Preserve boundary signs and closed area signs to be installed at all entrances to the Upper Property. Equestrian Facility: Work with tenants to develop new lease for continued operation of boarding stable. College Complex: Not open to public access for foreseeable future. Conduct site analysis and determine potential future uses of buildings based on District's Open Space Use and Management Planning Process and Policies Regarding Improvements on District Lands; continue to maintain a caretaker or ranger residence in the library apartment; stabilize to prevent further deterioration and to protect any historic resources. Slide Repair: Remove and stabilize slide and contaminated material on north side of Webb Creek near the college complex in accordance with all federal, state and local regulations. Structure Removal: Remove dilapidated cabin at Radio Hill and partially dismantled residence and cabin near the central portion of the property. (See Location Map on page 12.) Name: Name the property as an addition to Bear Creek Redwoods Open Space Preserve. Dedication: Indicate your intention to dedicate the Lower Property as public open space. R-99-93 Page 7 Site Safety Inspection: Preliminary inspection is complete and site safety measures need to be implemented including securing the property to eliminate motorcycles, off-road vehicles and illegal timber cutting, and securing a cistern. CEQA COMPLIANCE The District contracted with Environmental Science Associates to conduct an Initial Study and prepare a Mitigated Negative Declaration. (See Attachment 1.) The documents were submitted to the State Clearinghouse at the Governor's Office of Planning and Research. A shortened review period of 20 days was granted by the State Clearinghouse based on the time constraints of the option to purchase. On June 23, 1999, the District received confirmation from the State Clearinghouse that the District complied with the review requirements and no state agencies submitted comments by the deadline; CalTran did submit comments after the deadline and they were forwarded to the District and have been responded to. (See Attachment 2.) A Notice of Intent to Adopt a Mitigated Negative Declaration was submitted to the County of Santa Clara for posting on June 3,1999 stating the review period would start on June 4, 1999 and end on June 23, 1999. The Notice was also posted on-site and mailed to adjacent property owners and all other parties that have expressed interest in being notified of activity regarding this project. All notice requirements of CEQA have been met. To date, the District has received comments from two parties concerning the Initial Study and Proposed Mitigated Negative Declaration. 1. Voice mail from Mr. Hugh Graham, Senior Planner at Santa Clara County Planning Department on June 17, 1999 stating the review period for a Mitigated Negative Declaration should be 30 days and, secondly, a County staff review thus far has been unable to locate a County use permit for the stable operation. Response: Letter, dated June 25, 1999, sent to Mr. Graham explaining an approval was obtained from the State Clearinghouse to shorten the review period from 30 days to 20 days, and as part of the new lease to be executed between the District and the stable tenant, the tenant must obtain all applicable permits for their operation. (See Attachment 2.) 2. Letter from Mr. Harry Y. Yahata, District Director at CalTrans, dated June 21, 1999, stating concerns over potential impacts the project may have on State-owned drainage facilities and State right-of-way. Response: Letter, dated June 25, 1999, sent to Mr. Y. Yahata, responding to concerns. (See Attachment 2.) These comments have already been addressed in the Mitigated Negative Declaration. The comments do not reflect evidence that any significant adverse impacts will occur as a result of R-99-93 Page 8 the project, as mitigation measures have been incorporated in the project to avoid such impacts. In accordance with the CEQA, the District has prepared a Mitigation Monitoring Program that describes the mitigation measures and monitoring process for the acquisition project. (See Attachment 3.) The Mitigation Monitoring Program insures that measures adopted to mitigate or avoid significant environmental impacts are implemented. The Mitigation Monitoring Program includes a mitigation measures contained in the Proposed Mitigated Negative Declaration, even including those not required under CEQA as they address potential impacts that are less than significant. The Board is being asked to approve the Mitigation Monitoring Program. CEQA Finding Based on the Initial Study, Proposed Mitigated Negative Declaration and Mitigation Monitoring Program, all comments received and substantial evidence in the whole record before the Board, staff recommends you make the following findings: 1. Prior to approving the project that is the subject of the Mitigated Negative Declaration, the Board has considered the Mitigated Negative Declaration and all comments received during the public review process. 2. The Board finds that, on the basis of the whole record before it, including the initial study and all comments received, that there is no substantial evidence that the project will have a significant effect on the environment' in that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case since mitigation measures have been added to the project to avoid such effects. 3. The Board finds that the Initial Study and Proposed Mitigated Declaration reflects its independent judgement and analysis. 4. The Board adopts the attached Mitigation Monitoring Program which it requires to be implemented as part of the project. 5. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are located at the offices of the I CEQA Guidelines Section 153828. "Significant effect on the environment' means substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air,water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. R-99-93 Page 9 General Manager of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022. TERMS AND CONDITIONS The District Board is considering exercise of its option to purchase the 1,065 acre Upper and Lower Properties for an additional payment of$14,500,000. The subject transaction includes the 260-acre Lower Property and the 805 acres Upper Property, excluding the 6-acre Mellots Property. At your meeting of March 10, 1999 (see report R-994M, you approved the Agreement for Option and Purchase of Real Property for the subject property at a purchase price of $10,500,000. The approved Agreement included a number of transaction terms previously outlined in your March 10, 1999 Board report and reiterated below indicating their current status: 1. The District obtained a nine-year lease and purchased an option to acquire the Upper Property. The option is subject to certain conditions precedent to the District's authority to exercise its right to purchase the Upper Property. 2. The District obtained an option to purchase existing timber rights owned by Big Creek Lumber Company over the Upper Property for $5.2 million, but the District did not elect to exercise the option before it expired. The District will receive a donation of the "Residual Timber Rights" not already owned by Big Creek Lumber. The Residual Timber Rights are currently held by an assignee of Arlie and the Board is being asked to approve an agreement with the assignee to convey these Rights to the District. (See Attachment 4.) 3. The District acquired a license for patrol, maintenance and emergency access across existing roads on the 260-acre Lower Property during the lease term. 4. The District purchased an option to acquire the Lower Property, together with the Upper Property, for a total purchase price of$25,000,000. This option excludes the 6-acre Mellots Property which will be retained by Arlie. 5. If the District acquires the Upper Property, but does not acquire the Lower Property, a patrol easement and a public access easement for trails is available to the District over the Lower Property to allow for access to the southern portion of the Upper Property 6. If the District's option is not exercised to buy the Lower Property, an area of open space of up to 50 acres on the Lower Property may be transferred to the District in fee or by a conservation easement 7. If the District determines not to acquire the Lower Property, the Seller may determine to proceed with a private development there. The Seller has the existing right to reconfigure or reallocate existing lots located upon the Upper Property to the Lower Property. In that event, the District would receive compensation for such reallocation R-99-93 Page 10 if it acquired the Upper Property to compensate for its impact on the economic value of the Upper Property. 8. The District may also elect to exercise a number of alternatives to preserve all or portions of the Upper Property, if the District were not able to exercise its option to purchase the Upper Property at the outset. The total purchase price for the Upper and Lower Properties is $25,000,000. The option to exercise the District's purchase rights expires on June 30, 1999 with a close of escrow to occur on, or before, July 15, 1999. At your March 24, 1999 meeting (see report R-99-56), you approved the extension of the option to purchase the entire property to June 30, 1999 for an additional $250,000. This option fee is not applicable to the purchase price of the property. The District did not exercise the Grant of Timber Rights Option to acquire the timber rights owned by Big Creek Lumber. This option expired on March 31, 1999. However, the District will receive a gift of the residual timber rights on the Upper Property which are not owned by Big Creek Lumber. Arlie has requested and the District Board has been asked to agree to assign this donation obligation from Arlie to Gregory Demers. The District's ability to purchase the entire 1,065 acre property is made possible by the joint efforts of POST. POST is contributing $10,000,000 towards the $25,000,000 purchase price. Through a separate Purchase Agreement between the District and POST, the District will concurrently convey fee title to the 805 acre Upper Property to POST, and enter into a Lease and Management Agreement with POST to lease and manage the Upper Property in conjunction with the Lower Property for a five year term. (See Attachments 5 and 6.) This arrangement allows POST and the District to seek grant funding and private gifts and contributions so as to eventually convey fee title of the Upper Property to the District. Through the cooperative efforts of the District and POST, both the Upper and Lower Properties are being acquired and preserved as part of the Bear Creek Redwoods Open Space Preserve. Lastly, the Board is asked to approve the attached Letter Agreement with Arlie which makes certain technical amendments to conditions in the March 10, 1999 Option Agreement concerning the District's exercise of its option to acquire the Upper and Lower Property. (See Attachment 7.) These are. 1. In order to streamline the escrow process, the District will exercise its option to acquire the Upper Property without simultaneously acquiring the Mellots Property. This will avoid the District having to obtain title to the Mellots Property and then re-convey it back to Arlie. 2. The District may exercise its option to acquire the Upper and Lower Property by delivery of written notice to Arlie's attorneys, rather via a more cumbersome process; 3. In the event Arlie determines that it is entitled to any property tax refund of taxes it has previously paid on the Property, Arlie will be entitled to such a refund and the District will cooperate in its efforts to secure a refund, at no cost to the District. R-99-93 Page 11 BUDGET CONSIDERATIONS Fiscal Year1999/2000 Budget for Land Acquisition New Land Budgeted for Acquisition $ 20,000,000 Land Acquisitions Approved this year (1,572,170) Arlie Land & Cattle Acquisition proposed on this agenda L4.500.000)' Acquisition Budget Remaining $ 13,227.830 ' POST is contributing $10,000,000 as the balance of the purchase price. Controller M. Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as important for the protection of watershed, scenic lands, wildlife habitat, recreational uses, and a large second growth redwood forest in creating the Bear Creek Redwoods Open Space Preserve. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property have been mailed written of this proposed acquisition as well as other interested parties requesting such notice. Prepared by: Del Woods, Senior Acquisition Planner Susan M. Schectman, Legal Counsel Michael C. Williams, Real Property Representative Contact person: L. Craig Britton, General Manager Attachments: 1. Mitigated Negative Declaration 2. Response to Comments on Mitigated Negative Declaration 3. Mitigation Monitoring Program 4. Residual Timber Rights Donation Agreement 5. Purchase Agreement Between District and POST for Upper Property 6. Lease and Management Agreement Between District and POST for Upper Property 7. Letter Agreement Between District and Arlie Land and Cattle Company Regarding Certain Terms and Conditions of Exercise of Options 8. Resolution of Board of Directors of Midpeninsula Regional Open Space District Midpeninsula Regional Open Space District ST.JOSEPH'S HILL OPEN SPACE PRESERVE Sanborn' - Count Park 1200 1400 ( MROSD � Sycamore (Santa Clara-Co.) O 800— Lexington Reservoir Sierra Azul County Park Open Space: BPd, t r , �f �FlyRd P,reserve.. 1800 O sUX Rya LOWER PROPERTY J O 1200 BEAR CREEK 1400 STABLES 2400 ALMA COLLEGE f UPPER PROPERTY 00 BUILDINGS Bear feel d ... zzoo 2200 o •'•.\ .; 1. 01. ' ff Sierra Azul o On'Space Preserve pe BE TO (MROSD) BE REMOVED 1 ad C. �•�e f O PROPERTY ACREAGE LOWER PROPERTY ±260 ACRES MELLOT PARCEL UPPER PROPERTY ±805 ACRES PROPERTY TOTAL ±1,065 ACRES 2000 1800 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0 Q`bo One Mile \ 1600. '. Q7 H• n� I LOCATION MAP: PROPOSED BEAR CREEK REDWOODS OPEN SPACE PRESERVE 6/24/99 RESOLUTION RESOLUTION AUTHORIZING EXERCISE OF OPTION TO PURCHASE REAL PROPERTY OF LANDS OF ARLIE LAND AND CATTLE COMPANY; AUTHORIZING ACCEPTANCE AND EXECUTION OF PURCHASE AGREEMENT AND LEASE AND MANAGEMENT AGREEMENT BETWEEN DISTRICT AND PENINSULA OPEN SPACE TRUST REGARDING UPPER PORTION OF THE PROPERTY AND NECESSARY RELATED DOCUMENTS; APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; APPROVING RESIDUAL TIMBER RIGHTS OPTION AGREEMENT WITH GREGORY DEMERS AND TERMINATION OF RESIDUAL TIMBER RIGHTS OPTION AGREEMENT WITH ARLIE LAND AND CATTLE COMPANY; APPROVING LETTER AGREEMENT WITH ARLIE LAND AND CATTLE COMPANY REGARDING TERMS AND CONDITIONS OF EXERCISE OF OPTION; AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANT TO DISTRICT; AND AUTHORIZING GENERAL MANAGER AND BOARD PRESIDENT TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO IMPLEMENTATION OR CLOSING OF THESE TRANSACTIONS, INCLUDING ESCROW DOCUMENTS (BEAR CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF ARLIE LAND AND CATTLE COMPANY) 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 adopt and approve the attached Mitigated Negative Declaration and Mitigation Monitoring Program for the "Addition to the Bear Creek Redwoods Open Space Preserve Project" and adopts the findings under the California Environmental Quality Act set forth in the attached staff report dated June 25, 1999. Section Two. The Board of Directors of the Midpeninsula,Regional Open Space District does hereby approve the attached Residual Timber Rights Option Agreement with Gregory Demers and the Letter Agreement Terminating the Residual Timber Rights Option Agreement with Arlie Land and Cattle Company, and further approves the attached Letter Agreement with Arlie Land and Cattle Company regarding certain terms and conditions of Exercise of the Option to Acquire the Upper Property and Lower Property. Resolution Page 2 Section Three. The Board of Directors of the Midpeninsula Regional Open Space District does hereby determine to exercise the Lower Property Option and Upper Property Option as set forth in the Agreement for Option and Purchase of Real Property entered into between the District and Arlie Land and Cattle on March 10, 1999 and the Letter Agreement between the District and Arlie Land and Cattle Company regarding conditions of exercise of these options dated June 28, 1999; and does accept the purchase offer for the Upper Property contained in the Purchase Agreement between Peninsula Open Space Trust and the Midpeninsula Regional Open Space District and authorizes approval of the Purchase Agreement and the Lease and Management Agreement for the Upper Property between the District and POST, copies of which are attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officers to execute the Agreements on behalf of the District, as well as any and all exhibits to the Agreements and any related documents. Section Four. The President of the Board of Directors or other appropriate officer is authorized to execute any required Certificates of Acceptance on behalf of the District. Section Five. The General Manager of the District shall cause to be given appropriate notice of acceptance to POST. The General Manager and Board President are further authorized to execute any and all other documents in escrow necessary or appropriate to the implementation or closing of any of the transactions approved in this Resolution. The General Manager and Board President are further authorized to approve any minor corrections or minor grammatical or technical changes to the attached Agreements and documents which do not involve any material change to any term of the Agreements or documents, which are necessary or appropriate to the closing or implementation of any of these transactions. Section Six. The General Manager of the District is authorized to expend up to $50,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Seven. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$4,500,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. * * * * * * * * * * * * * * * * Attachment 1 Mitigated Negative Declaration JUN-28-1999 11:48 FROM GREENBELT ALLIANCE TO 16506910485 P.02 P E O P L E F O R O P E N S P A C E i i DELrff11 D BY FAX TO (650) 691-0485 June 28, 1999 Jed Cyr President Board of 0irectors. Midpenin ula Regional Open Space District 300 Distel Circle Los Altos, CA RE: &a r Creek redwoods Acquisition Dear Presi lent Cyr'and Members of the Board, Greenbelt Alliance;was extremely pleased to learn that the Midpeninsula Regional pen Space District, in partnership with the Peninsula Open Space Trust, has rafted 4 proposal to permanently protect the Bear Creek Redwoods. We urge you to takre advantage of this once in a lifetime opportunity and approve the acquisition proposal. f As one of he many organizations and individuals that have worked for years to protect B r Greek;Redwoods, Greenbelt Alliance would also like to thank you for your c mmitm4nt to protecting this area and to commend the diligence and hard i vork of District staff who have worked to make the dream of 'preserving Bear Crimk Redwoods into reality. Sincerely, i Kaitilin Gaffney South Bay Field Representative M, N OM • W Bumh Street Suite 808, San Francisco CA 94108 • (415) 398.3750 • Fax(415)39"530 SOUTH BAY 1-10E • 1922 The Alameda Suite 213. San Jose CA 95126 • (408)98"539 • Fax(408)983-1001 NORTH BAY OFFICE • 520 Mendocino Awnuc Suite 225, Santa Rosa CA 95401 • (707)575-3661 • Fax(707)575-1275 EAST RAY OFFICE • 1372 North Main Street Suite 20.1, walnut Creck CA 94596 • (925)932-7776 • Fax(925)49A24970 email: greenbelt(ftc.apc org • Krb sitc: www.greenbeit.org 0-AEC-- TOTAL P.02 •� � --. ._ '/ ,.� - � (Santa Clara•Co y r � _ --•:r� nor S if /a r itxin+lon Keservuir Sierrt Arul �_ r -� .!- `✓ } -, �� tidd t-.nrrily\I'.uk C1{yen Sl�:u ar '� A�f'resrrvt• ~ \ f r i �.. ��` • Pro osed Addition Lower Parcel A ,, �p� .� j S. { r y,00 . � � Bear Creek 24 d Bear Creek Redwood s --�� \ Alma College Stables Open Space Preserve 4q MOUNTAIN \,.. a l ii It f re/ 1,fi y� �>• +. vrI t �' �. J ha`�j - J ^- VIEW $ I ,o, sao > ��f^ i i t /1•, l �r� .1 r—y � 1 SUNNYVALE \ti d ^ Fc' ti �V � i � `. Slelrr<aA1ZU1 SANTA �, ) ,t , �i1 \S _t.—.,,�, ,. r LARA :!r/ ri f/ ` ...C)Iltlt�Slldt'L PrCsc=rve ` Proposed Addition (Mt�C3SU} � zeo SAN f� r• Yt �n;l / r' f ` "1` ��'i P � r ? Lower Parcel B JOSE /r , n ra.. ,� t 1 ( ;I / r ) \ 4r l\ (r t\ �,, t$Q0 - i� .-tit � �� c .% � I ;{ f i•/l.-.- ..-� \ MORGAN Bear Creek Redwoods 17 �\\ HiLLOpen Space Preserve i Seca'Creek Redwoods Open Space Preserve Addition/990248 ■ SOURCE. Figure I Bear Creek Redwoods Open Space Preserve and Proposed Addition Regional Open , ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION A notice, pursuant to the California Environmental Quality Act of 1970, as amended(Public Resources Code 21000, et sec.)that the following project will not have a significant effect on the environment. APN(s): I Date: 544-32-001,544-33-001,544-33-002 1 June 3, 1999 Project Name: Type of Project: Addition to Big Creek Redwoods Open Space Acquisition of land to expand an open space Preserve preserve Owner: Lead Agency: Arlie Land & Cattle Company Mid eninsula Regional Open Space District Project Location: The proposed project is located in unincorporated Santa Clara County, in a foothill area approximately 3.5 miles southwest of the Town of Los Gatos. The site is bordered to the north and west by Bear Creek Road,to the east by State Route 17,to the south by Bear Creek Redwoods Open Space Preserve. Project Description: The proposed project consists of the acquisition of three contiguous parcels totaling 260 acres. The Midpeninsula Regional Open Space District would add the 260 acres to the adjacent 811-acre Bear Creek Redwoods Open Space Preserve to expand the Preserve to 1,071 acres. The project would include demolition of three small structures, and remediation of a small landslide along Webb Creek that includes building debris and building materials that contain asbestos. The project site would be closed to the public until completion of a Comprehensive Use and Management Plan. When opened to the public, only hiking and equestrian uses would be allowed, on existing roads and trails. Existing stable and caretaker uses will continue. The District would maintain the project site in its natural condition. The buildings in the Alma College complex would be retained and stabilized,but would not be opened to the public at this time. Purpose of Notice: The purpose of this notice is to inform you that the Midpeninsula Regional Open Space District Staff has recommended that a Mitigated Negative Declaration be approved for this project. Action is scheduled on this proposed Mitigated Negative Declaration and project before the Midpeninsula Regional Open Space District Board of Directors on June 24, 1999,at 5:00 p.m., and may be continued to June 28, 1999 at 5:00 p.m. at the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022-1404. The District may revise this hearing schedule to consider the proposed project and Mitigated Negative Declaration. In that event, separate public notice of the date and time of such meetings will be mailed to you. The public review period has been shortened by the State Clearinghouse of the State Office of Planning and Research pursuant to section 15105 of the CE A Guidelines. 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 FAX: 650-691-0485 • E-mail: mrosdrtopenspace.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 •Genera!Manager:L.Craig Britton Review Period: Public comments regarding the correctness, completeness, or adequacy of this Mitigated Negative Declaration are invited and must be received on or before June 23, 1999. The public comment period shall start on June 4, 1999 and end on June 23, 1999. Such comments should be based on specific environmental concerns. Written comments should be addressed to Peggy Coats,District Clerk at the Midpeninsula Regional Open Space District,330 Distel Circle,Los Altos, CA 94022-1404; telephone: (650)691-1200. Copies of the Mitigated Negative Declaration and all documents referenced in the Mitigated Negative Declaration are available for review from 8:30 a.m. to 5:00 p.m. at the Midpeninsula Regional Open Space District office at the address listed above. Responsible Agencies sent a copy of this document: State Clearinghouse, OPR (for distribution to all responsible State agencies) State Department of Fish and Game Army Corp. of Engineers Santa Clara County Santa Clara County Environmental Resources Agency Santa Clara Valley Water District Regional Water Quality Control Board, San Francisco Bay Region 2 California Public Utilities Commission Basis for Mitigated Negative Declaration Recommendation: Midpeninsula Regional Open Space District Staff has reviewed the Initial Study for the project and, based upon substantial evidence in the whole record, determined that no significant effect on the environment is anticipated as a result of the project since,although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case since mitigation measures have been added to the project to avoid such effects. Prepared by: Del Woods, Sr. Acquisition Planner � if i gnature Date Approved by: L. Craig Britton, General Manager G Signature V Date Page 2 June 23, 1999 I, Jed Cyr, President of the Board of Directors of the Midpeninsula Regional Open Space District, do hereby call a SPECIAL MEETING of the BOARD OF DIRECTORS on Monday, June 28, 1999, at the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022, at 7:30 p.m. for the following purposes: Approval of Agreement to Exercise Option and Purchase of Real Property of Lands of the Arlie Land and Cattle Company; Transfer of Fee Interest in Upper Portion of the Property to Peninsula Open Space Trust, Approval of Lease and Management Agreement and Purchase Agreement with Peninsula Open Space Trust; Approval of Proposed Mitigated Negative Declaration in Accordance with California Environmental Quality Act; Adoption of Preliminary Use and Management Plan and Naming Property an Addition to Bear Creek Redwoods Open Space Preserve; and Approval of Residual Timber Rights Option Agreement from Gregory Demers and Termination of Arlie Residual Timber Rights Option Agreement I hereby call a continuation of the Special Meeting, if necessary, to Wednesday, June 30, 1999 at 7:30 p.m. 7 Jed Cy resident Date STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS,Governor DEPARTMENT OF TRANSPORTATION P.0. BOX 23660 OAKLAND,CALIFORNIA 94623-0660 TELEPHONE(510)286-4444 FAX(510)286-5513 June 21, 1999 SCL-17-4.06 SCH#99062012 SCLO17190 Mr. Del Woods Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Woods: Bear Creek Redwoods Open Space Preserve: Mitigated Negative Declaration. Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the Bear Creek Redwoods Open Space Preserve Project. We have examined the above-mentioned Mitigated Negative Declaration and would like to offer the following comments: a. We are concerned that any proposed grading that occurs in the trail restoration project may increase silt runoff conveyed to State-owned drainage facilities and to Lexington Reservoir which is a drinking supply source. Please ensure that the applicant complies with the appropriate County and Regional Water Quality Control Board requirements for erosion control. b. The existing storm runoff and drainage patterns should be maintained and diversions avoided. c. We recommend that the Santa Clara Valley Water District be given the opportunity to review and comment on the proposed trail restoration project. d. Caltrans' Geotechnical Branch is currently reviewing the document in regard to the slope stability of the proposed trail project. Due to the abbreviated review period, we would like the opportunity to forward additional comments, if necessary, when that review is complete. e. Please note that work or traffic control that may occur within the State right-of-way will require an encroachment permit from Caltrans. To apply for a permit, the applicant will need to submit a completed application, environmental documentation, and five (5) sets of plans, in metric units with the State right-of-way clearly depicted, to the following address: ,SUN 4 Woods/SCL017190 June 21, 1999 Page 2 G. J. Battaglini, District Branch Chief Caltrans, District 4 Office of Permits P.O. Box 23660 Oakland, CA 94623 We appreciate the opportunity to work with you on this project. If you have any questions regarding this letter, please contact Abbe Hoenscheid of my staff at (510) 622- 1643. Sincerely, HARRY Y. YAHATA District Director By. JEAN C.R. FINNEY District Branch Chief IGR/CEQA c: MBoyd, SCH MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION ADDITION TO BEAR CREEK REDWOODS OPEN SPACE PRESERVE 1. Project Title: Addition to Bear Creek Redwoods Open Space Preserve 2. Lead agency name and address: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 3. Contact person and phone number: Del Woods, Senior Acquisition Planner Telephone: (650) 691-1200 4. Project location: Bear Creek Road, west of State Highway 17 in unincorporated Santa Clara County. Assessor's Parcels Nos. 544-32-001, 544-33- 001, and 544-33-002. 5. Project sponsor's name and address: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 6. General plan designation: Hillside(Santa Clara County General Plan) 7. Zoning: HS - Hillside 8. Description of project: (Describe the whole action involved,including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) See Project Description,pp. 3-10. 9. Surrounding land uses and setting. (Briefly describe the project's surroundings.) See Project Description,p. I Bear Creek Redwoods Open Space Preserve ESA/990248 VIRONMENTAL CHECKLIST 10. Other public agencies whose approval is required(e.g.,permits, financing approval,or participation agreement.) Purchase of the property must be approved by the Midpeninsula Regional Open Space District Board of Directors. Remediation of a landslide along Webb Creek would require a Strearnbed Alteration Agreement from the California Department of Fish and Game, a Nationwide Permit from the Army Corps of Engineers, and either a waiver or certification from the Regional Water Quality Control Board, San Francisco Bay Region. Contractors for the demolition and landslide remediation would be required to obtain additional permits from Santa Clara County, the Santa Clara Valley Water District, and/or the State of California. Additional financing is anticipated to be provided by Peninsula Open Space Trust, a nonprofit land trust. 11. Document Availability: All documents referenced in the Initial Study and Mitigated Negative Declaration are available for review from 8:30 a.m. to 5:00 p.m. at the Midpeninsula Regional Open Spac District office at the address listed above. Bear Creek Redwoods Open Space Preserve -2- ESA/990248 y IRONMENTAL CHECKLIST PROJECT DESCRIPTION PROJECT SUMMARY The proposed project consists of the acquisition of three contiguous parcels (Assessor's Parcel Nos. 544-32-001, 544-33-001 and 544-33-002) in unincorporated Santa Clara County,totaling 260 acres ("Lower Property"), by the Midpeninsula Regional Open Space District("the District"): a 210-acre parcel ("Lower Parcel A") and a 50-acre parcel ("Lower Parcel B"). (See Figure 1.) The District would add the 260-acre parcel to the adjacent 81 I-acre Bear Creek Redwoods Open Space Preserve("the Upper Property")to expand the Preserve to a total of 1,071 acres. The project site is located in an area designated by the Santa Clara County General Plan as Hillside, an area that"enhances the rural character of mountainous areas and minimizes risks from natural hazards."I According to the Santa Clara County General Plan, acceptable uses for Hillside areas include"land in its natural state" and"wildlife refuges."2 The project would include demolition of three small structures, and remediation of a small landslide located along Webb Creek that includes building debris and building materials that contain asbestos. While some existing activities (a riding stable and caretaker residence) on the Lower Property would continue,the District would not permit public use of the project area until completion of a Comprehensive Use and Management Plan,3 and a resource inventory, a process that could take five years or longer. When opened to the public, only hiking and equestrian uses would be allowed, and only on existing roads and trails. As an open space preserve, the District would maintain the property in its natural condition. The buildings in the Alma College complex would be retained and stabilized,but would not be open to the public at this time. PROJECT LOCATION The proposed project is located in unincorporated Santa Clara County,in a foothill area approximately 3.5 miles southwest of the Town of Los Gatos. To the northeast of the project site is a mountainous area that includes the 3,600-acre Sanborn County Park, along with several creeks, small reservoirs, and a few residences. To the east and northeast are the 960-acre Lexington Reservoir County Park, and the District's 13,819-acre Sierra Azul Open Space Preserve(that includes the Mt. Umunhum Area). To the south and southeast are the unincorporated Santa Clara County areas of Idylwild, Chemeketa Park and Redwood Estates, along with portions of I Santa Clara County,Santa Clara County Zoning Ordinance,http://www.sccL?IanninL,.org/zontable.httn,May 26, 1999. 2 Santa Clara County,Santa Clara County General Plan,December 20, 1994,p.Q-3. 3 Midpeninsula,Regional Open Space District,Open Space Use and Management Planning Process,March 13, 1991. Bear Creek Redwoods Open Space Preserve -3- ESA/990248 ENVIRONMENTAL CHECKLIST unincorporated Santa Cruz County. To the west are Skyline Boulevard and portions of unincorporated Santa Clara and Santa Cruz Counties. The 260- acre project site is bordered to the north by Bear Creek Road, a two-lane rural highway that winds from the Bear Creek Road/SR 17 interchange westward through Santa Cruz County. The eastern border is formed by SR 17, a major north-south state highway. Most of the southern and western borders are adjacent to Bear Creek Redwoods Open Space Preserve(the Upper Property). EXISTING OWNERSHIP AND HISTORICAL BACKGROUND The project site is currently owned by Arlie Land&Cattle Company. Through a real estate purchase agreement with Arlie Land&Cattle Company for the lease and option to buy the Upper Property, the District currently has an option to purchase the project site. The option expires June 30, 1999. Originally a private estate as early as the 1850's, the project site was bought by the Novitiate of Los Gatos in 1934. The Novitiate built a Jesuit seminary that included classrooms, a library, a chapel, dormitories, vineyards, a self-contained water system, concrete and brick masonry walls that buttress buildings and hillsides and provide vantage points for scenic vistas,ponds, gardens and extensive paths and roadways. The seminary moved from the site in 1969. The buildings were subsequently used as a boys' school, and later became the site of West Heights Christian School. In 1989,the Novitiate sold the project site to Hong Kong Metro Realty. In 1994, West Heights moved from the site.4 In 1997, Hong Kong Metro sold the land to the Arlie Land&Cattle. Portions of the Alma College complex-- consisting of the classroom building,the library, the chapel and the landscaping features of the upper lake,brick alcove and picnic area-- were added to the Santa Clara County Resource Inventory by the Santa Clara Board of Supervisors on January 10, 1995.5 The project site has been the subject of efforts to preserve open space in the area, and has been identified as a priority for open space and park acquisition. Various prior proposals for development of the site, including development of a golf course, have been unsuccessful thus far. EXISTING ENVIRONMENTAL SETTING The project site is located in the Los Gatos Creek Watershed Area, which consists of land that drains into the Lexington Reservoir. Two creeks meander through the project site and flow into Lexington Reservoir, which is located east of the project site across SR 17: Briggs Creek and Webb Creek. Most of the site is undeveloped, with woodland, chaparral, grassland and riparian corridors along creek courses. Gravel and dirt paths and roadways traverse the project site, with access points along Bear Creek Road, and areas near SR 17. There is one paved road bisecting the project site, connecting Bear Creek Road to SR 17. 4 Several documents cite 1992 as the date the school moved from the site. However correspondence between the County and the School in 1994 indicates that West Heights occupied the site until the end of April, 1994. (See Notice and Order to Vacate,dated March 30, 1994,issued to Hong Kong Metro Realty Co.,Inc.by the Santa Clara County Office of Building Inspection.) 5 The Santa Clara County Board of Supervisors was guided in its decision by the criteria established under the National Heritage Preservation Act. This project is not,however,subject to federal jurisdiction. (See,Santa Clara County,Los Gatos County Club Draft Environmental Impact Report,November 1997,p.3.8-6.) Bear Creek Redwoods Open Space preserve Initial Study -5- ESA/990248 ENVIRONMENTAL CHECKLIST The topography of the project site is interspersed with steep hillsides,ravines and spur ridges that contain more level areas. In general, the northern portion of the site is lower in elevation than the southern portion, and includes rolling hills,open meadow areas, along with groves of mature oak,redwoods and evergreens. Ravines and steep slopes characterize the southern portion of the site. The northwest corner of the project site contains the mostly vacant, four-acre Alma College complex, established by the Jesuit Order and used as a seminary from 1934 to 1967. The Alma College portion of the site was subsequently used as a boys' school, and, most recently, was the site of West Heights Christian School until 1994. A caretaker currently resides in one of the buildings. Accessible from Bear Creek Road, a paved road leads to a parking area and a pond that supports cattail and tule habitat. Beyond the pond area, a meadow stretches to the former college complex, which consists of a long wood-shingle classroom building, a library, and a chapel, and an auditorium. An outdoor corridor connects the southern sides of the auditorium,library and chapel. The remains of a power supply building are covered and surrounded with wire fencing. Overgrown flowerbeds and .shrubbery border the buildings. Towards the rear of the complex are the brick remains of several buildings and garages,including one large dormitory. An estimated 75 feet northeast of the dormitory is Webb Creek.6 'The portion of the creek embankment nearest the Alma College complex contains building debris, apparently pushed to the edge of the creek embankment, which gave way,creating a landslide. The rubble extends down the slope into portions of the creek. Traveling east, along a gravel pathway,the remains of old gardens appear, although no structures are visible. The paths follow the contours of the hills and several are wide enough for vehicles. One road leads to a 500,000 gallon water tank located on a hill in the southeast corner of the project site. Slightly north of the Alma College complex is the stable area that contains a main stable, corrals,two small, vacant former residences, and several smaller stable structures and sheds. At the northeast tip of the project site is a fallow vineyard. LANDSLIDE AREA A landslide occurred along an estimated 100-foot segment of the Webb Creek embankment, an estimated 75 feet from the Alma College complex. The date of the landslide is uncertain, but may have resulted from heavy rains in the Winter of 1994-1995.7 Building debris from a building, which apparently had been demolished as a result of a tire, was buried on the edge of the creek. Heavy rains apparently weakened the embankment and it collapsed, allowing building debris to tumble down the embankment, some of which reached the streambed. Some of the building materials contain an undetermined level of 6 This segment of creek is mistakenly referred to as"Chase Creek"in several reports,and apparently is mistakenly referred to as"Briggs Creek"in other reports. District personnel researched the original County survey documents and discovered that this segment of creek is part of Webb Creek. (Woods,Del,Sr.Acquisition Planner,Midpeninsula Regional Park District, telephone conference,May 26, 1999.) 7 Castellanos,Larry,Right of Way Consultant,Associated Right of Way Services,Inc.,letter to Arlie Land&Cattle Company, September 10, 1998. Bear Creek Redwoods Open Space Preserve Initial Study -6- ESA7990248 ENVIRONMENTAL CHECKLIST asbestos, and may have seeped into the soil. The debris includes concrete, piping, wood siding, and is overgrown with vegetation. VANDALIZED BUILDINGS The site contains several severely deteriorated buildings outside of the Alma College complex that have also been extensively vandalized. With graffiti on the interior walls and red asphalt shingles on the exterior, a small one-story cabin located on"Radio Tower Hill"has also suffered extensive damage from rain and one section has been stripped of interior and exterior wall coverings. A second structure, located in the north-central portion of the site,is a wood-frame cabin that has much of its exterior siding removed. Nearby, a third structure, a one-story L-shaped residence, named the"Tripp residence" after its longtime occupant,has been heavily vandalized, with large portions of the floorboards removed along with cabinet doors, windows and window frames. (See Section V. Cultural Resources.) EXISTING OPERATIONAL SETTING The proposed project site includes four existing operations, some of which would continue after acquisition of the site by the project sponsor: CARETAKER A family currently lives in the former Alma College library and provides maintenance and security for the site. The caretakers are under contract with the current property owner, Arlie Land&Cattle Company. The proposed project would continue to have a caretaker or a District ranger reside in the small library, now used as a residence. HEAVY EQUIPMENT OPERATOR George Hall, a contractor for Maxicon General Engineering, currently leases an area at the rear of the Alma College complex for construction trucks and excavation equipment. Vehicles and equipment are stored in an open area; the business also uses a small office located next to the library. Arlie Land&Cattle Company has terminated the agreement with George Hall and the property is expected to be left in clean condition. BEAR CREEK STABLES A tenant currently leases the on-site stable facility from the present owner, Arlie Land&Cattle Company, on a month-to-month basis. Bear Creek Stables now has 69 boarded horses, and capacity for 80 boarders. The approximately 5-acre stable area includes two ancillary structures that were probably once used as residences, a main stable, smaller stable structures, sheds,corrals and two parking areas that provide space for an estimated 20 to 30 vehicles. (Depending on how the vehicles are parked,there may be space for more vehicles.) The stable operation now has approximately 15 equestrian trail users on weekdays and 25 equestrian trail users on weekends. The proposed project would continue operation of Bear Creek Stables. Bear Creek Redwoods Open Space Preserve Initial Study -7- ESA/990248 ENVIRONMENTAL CHECKLIST BIG CREEK LUMBER COMPANY Big Creek Lumber Company is a privately owned lumber company, based in Davenport, California,'that currently owns the timber rights for the Upper Property. Under its current approved Timber Harvest Plan,9*10Big Creek Lumber is entitled to a limited harvest on 125 acres of redwood forestland on the Upper Property. Harvesting started in May, 1999, and will continue through October 31, 1999, depending on the rainfall. Empty logging trucks will enter the project site from Bear Creek Road, near the Alma College Road entrance. An estimated 8 to 16 logging trucks per weekday will transport logs from the Upper Property through the project site on Alma College Road. By agreement with Arlie Land&Cattle Company, under the existing Timber Harvest Plan, Big Creek Lumber Company transports its timber harvest by truck on Alma College Road, through the project site, from Bear Creek Road to SR 17. Caution signs are required to be posted and flagmen will be present. Access by trail and equestrian users to roadways used by the logging trucks would be restricted by the District during the timber harvest. Timber harvesting by Big Creek Lumber Company that may occur now, or in the future, on the Upper Property is regulated by the State of California, is not part of this project and not under the control of, or subject to the approval of the District, nor is the existing timber access route. EXISTING TRAIL USERS In addition to equestrian trail users who board their horses at Bear Creek Stables, some residents living near the project site also use existing trails and roadways. Although the project site is private property and closed to the public, nearby residents have,throughout the years, accessed project site trails from trailheads along the perimeter of the site. The District anticipates continuing to allow stable users and nearby residents to use the trails on a limited basis for hiking and equestrian use. In the interests of security and safety near their homes, residents have in the past provided useful information about activities on the site. The District would issue use permits for limited access to existing trails and roadways for the purposes of providing surveillance and site security. Big Creek Lumber Company has received recognition as an environmentally sensitive timber harvesting operation. (See, Urban Materials,http://www.serv.neU--otg/constmat.httnl,and Kearns,Jeff,"Midpeninsula inks a$30 million deal preserving former Alma College site,"Los Gatos Weekly Times,March 17, 1999,http://saniosemetro.com/papers/los.gatos.weekly- times/03.17.99/arlie-9911.html.) 9 Timber rights in California are regulated by the California Department of Forestry and Fire Protection,which is required by the Z'Berg-Nejedly Forest Practice Act(FPA)of 1973 to assure that timber harvesting on non-federal commercial forestlands sustains timber productivity,protects soil resources and water quality,and safeguards recreation,wildlife,rangelands, fisheries,and aesthetic enjoyment. (See,Department of Forestry and Fire Protection,State of California,Resource Management,http://www.fire.ca.gov/forest practice.html.) The FPA requires approval of a Timber Harvesting Plan(THP), considered to be an equivalent to an Environmental Impact Report. (See,Article 17.Exemption for Certified State Regulatory Programs,Section 15251 of the CEQA Guidelines,http://ceres.ca.gov/topic/env law/cega/guidelines/artl7.html.) Big Creek Lumber Company has an approved THP on file with the California Department of Forestry in Felton,CA. (Drinkard,Nancy,California Department of Forestry and Fire Protection,telephone conference,May 25, 1999.) 10 Timber Harvest Plan for Timber Owned by Arlie Land& Cattle Company,Permit No.198-25-FDL,June 10,1998. Bear Creek Redwoods Open Space Preserve Initial Study '8- ESA1990248 ENVIRONMENTAL CHECKLIST PROJECT OPERATION The 260-acre project site would expand Bear Creek Redwoods Open Space Preserve to an estimated total of 1,071 acres. The District's goal is to preserve and maintain the natural environment of the project site. With the exception of three existing structures,the District would retain the existing Alma College buildings,some of which have been added to the Santa Clara Heritage Resource Inventory as the "Alma College complex." The District would stabilize all buildings to prevent further deterioration,but would not allow public access to these buildings in the foreseeable future. The District would initially prohibit access to the project site by the general public for an undetermined amount of time. The District intends,however,to open the project site trails to the public for hiking and equestrian uses after preparation of a Comprehensive Use and Management Plan.11 During the time the project site is closed to general public access, the District would continue some existing operations. Specifically, the District would allow the existing stable operation to continue, and would continue to keep a caretaker on site. The existing caretaker may be replaced by a District ranger, who would live in the caretaker residence. In addition,the District anticipates issuing up to twelve use permits to nearby residents so they could continue to use the trails. The District feels that neighbors,the stable operation and the caretaker would provide site surveillance. In addition, District rangers would patrol the site on a regular basis. Access by Big Creek Lumber Company's logging trucks over the site would continue pursuant to the current approved Timber Harvest Plan. The project would include removal of three dilapidated on-site structures that appear to have been used as residences, but that have been vandalized extensively, and have no architectural or historical significance. At least two of these structures appear to have building materials that are known to contain asbestos. The project would also include remediation of the landslide area along Webb Creek by removing the building debris and soil contaminated by asbestos, and by stabilizing the creek embankment to prevent further erosion and/or landslides. Pursuant to the District's Open Space Use and Management Planning Process,12 the District's practice is to keep the site closed to the general public, as described above, until completion of a more complete resources inventory and public planning process that would result in adoption of a Comprehensive Use and Management Plan by the District Board. Over the next five years,or longer,the District would inventory in more specific detail the Preserve's natural resources—including plants, wildlife, springs, wells, and creeks, and its trails,roadways, and remaining structures, and would complete a Comprehensive Use and Management Plan. The site would be opened to the public for use consistent with the Plan only after the inventory is completed and the Plan is adopted by the Board. TERMS AND FUNDING The Midpeninsula Regional Open Space District would purchase the project site as part of an option to acquire fee title to both the 811-acre Upper Property and the 260-acre Lower Property for a total of $25 million. In March, 1999,the District paid$10.5 million for the following: (1) a nine-year lease and exclusive option to acquire the 811-acre Upper Property; (2) an exclusive option to acquire both the 11 Midpeninsula Regional Open Space District,Open Space Use and Managemeni Planning Process,March 13, 1991. 12 Ibid. Bear Creek Redwoods Open Space Preserve Initial Study -9- ESA/990248 ENVIRONMENTAL CHECKLIST Upper Property and the Lower Property for an additional payment of$14.5 million; and(3) a timber rights option,residual timber rights and various other rights and easements. The initial option to acquire both the Upper Property and the Lower Property expired on March 31, 1999. However,the District paid $250,000 to extend the option to June 30, 1999. It is anticipated that Peninsula Open Space Trust(POST) will contribute a portion of the funding required to complete this transaction. Although the option included a right to acquire the timber rights now owned by Big Creek Lumber Company on the Upper Property, for an additional $5.2 million,the District did not exercise that option. "The District will,however,receive a gift of the residual timber rights that exist on the Upper Property. RELATED PROJECTS The acquisition of the Upper Property was previously approved by the District on March 10, 1999. That approval was determined to be categorically exempt from CEQA review because the property would be kept in its natural condition. The categorical exemption was based on the following sections of the CEQA Guidelines: 15301. Existing Facilities•, 15303.New Construction or Conversion of Small Structures; 15304.Minor Alterations to Land; 15316. Transfer of Ownership of Land in Order to Create Parks; 15317. Open Space Contracts or Easements; and 15325. Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions. The Notice of Exemption for the Upper Property was filed with the Santa Clara County Clerk on March 15, 1999. (See Appendix A for a copy of the Midpeninsula Regional Open Space District Notice of Exemption.) As a transactional term of the financial contribution from POST,the District would transfer ownership of the Upper Property to POST for a five-year period, during which time the District would enter into a management agreement with POST and continue to operate, lease and manage the Upper Property as Bear Creek Redwoods Open.Space Preserve. Bear Creek would be operated and managed under the identical Use and Management Plan approved by the District on March 10, 1999, and subject to a Categorical Exemption. No changes to this related project would occur. POST would acquire and hold title to the Upper Property to allow POST and the District to secure additional funding opportunities from grants and donations. POST will ultimately transfer title to the Upper Property back to the District after the five- year period. The Upper Property is currently leased and managed by the District and,under POST's ownership, would continue to be operated,leased and managed by the District in the same manner. The management plan during this five-year period would be identical to the District's Preliminary Use and Management Plan (approved by the District Board) for the Upper Property which preserves the property in its natural condition, closes it to general public use, secures the site and eliminates off-road vehicle use and illegal tree-cutting activities. The current project calls for the Preliminary Use and Management Plan for the Upper Property to be integrated with the plan for the Lower Property. This Plan would preserve the Lower Property in its natural condition,close it to general public use, secure the site and eliminate off- road vehicle use and illegal tree-cutting activities. Bear(reek Redwoods Open Space Preserve Initial Study -to-0- ESA/990248 ENVIRONMENTAL CHECKLIST ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a"Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards &Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by lead agency) On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project may have a"potentially significant impact'or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a)have been analyzed adequately in an earlier EIR pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR,including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. June 3, 1999 Signature Date PIidpeninsula Regional Open L. Craig Britton, General Manager Space District Printed Name For Bear Creek Redwoods Open Space preserve Initial Study 11- ESA/990248 ENVIRONMENTAL CHECKLIST EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g.,the project falls outside a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g.,the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency had determined that a particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less'Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact'to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less-than-significant level(mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering,program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated", describe the mitigation measures which were incorporated or refined from the earlier document and the extent which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans,zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contact should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats. Bear Creek Redwoods Open Space Preserve Initial Study -12- ESA/9902.48 ENVIRONMENTAL CHECKLIST 9) The explanation of each issue should identify: a) the significance criteria or threshold,if any,used to evaluate each question; and b) the mitigation measure identified,if any,to reduce the impact to less than significant. Bear Creek Redwoods Open Space Preserve Initial Study -13- ESA1990248 ENVIRONMENTAL CHECKLIST ENVIRONMENTAL IMPACTS: Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? El n n Z b) Substantially damage scenic resources,including, but not limited to, trees,rock outcroppings, and historic buildings within a state scenic highway? N El c) Substantially degrade the existing visual character or quality of the site and its surroundings? ❑ 1:1 F-1 Z d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Z Discussion: a) The proposed project would maintain the existing environment, and therefore would preserve scenic vistas that include the site, and all scenic vistas on the site. b) The Department of Transportation administers California's State Scenic Highway program. The proposed project area does not contain, nor is it adjacent to a designated state scenic highway.13 Portions of the project area are adjacent to a segment of SR 17 that is now part of the California Department of Transportation's Master Plan for scenic highways, but this segment has not yet been designated a State Scenic Highway. The Regional Parks, Trails, and Scenic Highways Element of the Santa Clara County General Plan designates SR 17 and Bear Creek Road as scenic routes. The proposed project would preserve existing conditions on the project site, and would have no impact on scenic resources located along SR 17 or on Bear Creek Road. Proposed signage(see Section XV. TransportationlTraffic) would comply with County ordinances regulating signs located within scenic highways. The Santa Clara County General Plan requires that"[s]igns . . . should be harmonious with the character of the area in which they are located and should be of the highest design standards." (General Plan Policy R- RC 100) The impact of the project on scenic routes established by the Regional Parks,Trails and Scenic Highways Element of the Santa Clara County General Plan would be less than significant. c) The proposed project would preserve the existing visual character and quality of the proposed site by retaining most of the existing structures, and maintaining the existing environment as an open space preserve. d) The proposed project would not include new structures, and would demolish the vandalized remnants of three existing small structures formerly used as residences. Therefore the proposed project would not create a new source of light or glare. 13 Department of Transportation,State of California,California Scenic Highway Program, httl2://www.dot.c•t.L,ov.hq/LandArch/seenic/schwyl.htm,May 17, 1999. Bear Creek Redwoods Open Space Preserve Initial Study -14- ESA/990248 Less 77tan Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact 11. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland,or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature,could result in conversion of Farmland, to non-agricultural use? El ❑ El X Discussion: a) The project area is designated"Hillsides" on the Santa Clara County General Plan Land Use Map. Agriculture and grazing,mineral extraction,parks,low-density recreation uses and facilities, and land in its natural state are allowed uses for"Hillside" areas. Although agriculture is an allowed use for the project area, the General Plan indicates that agricultural lands in Santa Clara County are limited to lands located in the central southern part of the County, south of San Jose,near Morgan Hill, San Martin and Gilroy.14 The project area has never been used as a commercial farm, although in the past, it supported a vineyard and other small-scale agricultural activities for private use. Because the project area has never been a commercial farm, and no commercial agricultural activities have taken place on the site in the last 30 years,the project site would not be converted to non-agricultural use. b) See response to (a) above. The Williamson Act is a procedure authorized under state law to preserve agricultural lands as well as open space. Property owners entering into a Williamson Act contract receive a reduction in property taxes in return for agreeing to protect the land's open space or agricultural values.15 The project area is not subject to a Williamson Act contract. c) See response to(a) above. 14 Santa Clara County,General Plan Draft Environmental Impact Report,"Generalized Land Use Plan,"August 1, 1994. 15 Santa Clara County Planning Office,Williamson Act,httl2://www.scci2lannina.oralenvwill.htin,May 20, 1999. Bear Creek Redwoods Open Space Preserve -15- FSA/990248 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact 111. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the prqiect: a) Conflict with or obstruct implementation of the applicable air quality plan? El b) Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ Z ❑ ❑ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ❑ Z d) Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ Z ❑ e) Create objectionable odors affecting a substantial number of people? ❑ ❑ Z ❑ Discussion: a) The project site is located in the San Francisco Bay Area Air Basin(Bay Area), a region that is designated as a"non-attainment" area(i.e.,currently experiences violations) with respect to state and national ambient air quality standards for ozone, as well as state standards for respirable particulate matter(PM-10). The Bay Area is also designated as a"maintenance" area with respect to carbon monoxide standards. The"maintenance" designation corresponds to areas that had once been designated as "non-attainment"for a given pollutant,but have since been re-designated in recognition of having achieved the standard. The project would affect air quality temporarily during construction primarily due to demolition activities,earthmoving activities related to the demolition and landslide along a portion of Webb Creek, and removal of building rubble that includes materials containing asbestos. The principal concern would be PM-10. Over the long-term,the project would affect air quality primarily through generation of motor vehicle trips when the project area is accessible to the public. Such trips result in combustion products, such as reactive organic gases and nitrogen oxides, that are precursors to regional ozone and PM-10 formation. The pollutant of concern with respect to local traffic is carbon monoxide. However, based on the District's experience with other similar open space preserves,16 the change in peak traffic volumes would be minor,estimated at less than 100 16 Woods,Del,Sr.Acquisition Planner,Midpeninsula Regional Open Space District,telephone conversation,May 24, 1999and facsimile,May 20, 1999. Bear Creek Redwoods Open Space Preserve -16- ESA/990248 ENVIRONMENTAL CHECKLIST vehicles per day on a weekend day." (See Section XV. TransportationgraFfic for traffic analysis. `The project impact on local carbon monoxide concentrations would be less than significant. Project demolition activities and repair of the landslide area could generate fugitive dust. Dust emissions would vary from day to day,depending on the level and type of activity, silt content of the soil, and the prevailing weather. A large portion of the total dust emissions would result from equipment and motor vehicle traffic over dirt and gravel roads and parking areas at the project site. Other sources of fugitive dust during landslide repair and remediation would include earth movement, grading, and wind erosion from exposed surfaces. Dust generated by demolition activities would elevate local PM-10 concentrations and may result in nuisance effects for nearby uses, such as the caretaker residence/Ranger Station. To evaluate temporary construction-related air quality impacts,BAAQMD(Bay Area Air Quality Management District) CEQA Guidelines emphasize implementation of effective and comprehensive dust control measures rather than detailed quantification of air pollutant emissions.18 Under the BAAQMD-recommended approach, implementation of appropriate dust mitigation measures would reduce PM-10 emissions from demolition activities and repair of the landslide area such that local PM-10 concentrations would not be significantly affected. Conversely, without implementation of appropriate mitigation, the associated impact can be presumed to be significant. Mitigation Measure AQ.1: The District shall implement BAAQMD basic control measures to control dust during excavation and demolition activities. The BAAQMD provides guidance as to what may reasonably be considered"appropriate" dust mitigation. A package of measures referred to as "basic control measures" applies at all construction sites, while an"enhanced"package of measures applies at construction sites that are larger than four acres. Since the area that would be subject to heavy demolition activities under this project would be between one and two acres, the package of basic control measures would be sufficient to reduce construction-related PM-10 emissions to less than significant. The project sponsor would conform with the BAAQMD's recommended basic air quality control measures related to dust control: • Water all active demolition areas at least twice daily; • Cover all trucks hauling debris, soil,or other loose materials,or require all trucks to maintain at least 2 feet of freeboard; • Pave, apply water three times daily, or apply nontoxic soil stabilizers on all unpaved access roads, parking areas, and staging areas; • Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at demolition sites and the landslide area; • Sweep streets daily(with water sweepers), if visible debris material is carried onto adjacent public streets. 17 The Los Gatos Country Club Draft Environmental Impact Report,November 1997,estimated the proposed country club would result in 1,150 trips per day,and that the emissions would impact the environment at a less than significant level. (See p.3.12-8.) 18 Bay Area Air Quality Management,BAAQMD CEQA Guidelines,Assessing the Air Quality Impacts of Projects and Plans, April 1996. Bear Creek Redwoods Open Space Preserve Initial Study -17- ESA/990248 ENVIRONMENTAL CHECKLIST Mitigation Measure AQ.2: The District shall comply with BAAQMD's Regulation 11,Rule 2, which sets forth specific requirements related to asbestos demolition or removal. See Attachment B for the full text of Regulation 11. Compliance with Regulation 11 would be sufficient to reduce the potential hazards of asbestos removal to less than significant. b) See response to (a) above. c) See response to (a) above. d) The proposed project would include one occupied structure that is not in close proximity to the proposed demolition activities or near the landslide area proposed for remediation. The structures proposed for demolition are hundreds of yards from the occupied structure. The landslide area is approximately 75 feet east and thirty feet below the occupied structure. The nearest school is over 0.75 miles from the site, across hills and SR 17. There are no occupied structures to the south, east or west of the proposed project for at least .50 miles. Structures to the north of the project area are located across Bear Creek Road, and are buffered by thick growths that include mature evergreens and oak. The proposed project would therefore not expose sensitive receptors to substantial pollutant concentrations. e) During demolition and repair of the landslide along Webb Creek, combustion emissions from operation of heavy-duty diesel equipment may include odorous compounds. These odors might be noticeable in the immediate proximity of the construction site,but they would be temporary and intermittent and,therefore, would result in a less than significant impact. With the exception of a family living on site as caretakers and an equipment operator(whose lease has been terminated and is expected to vacate), the project site is uninhabited. Demolition activities would be restricted to the remnants of three small structures. Each of the structures is in an isolated environment: there are no other buildings in the immediate vicinity and no other buildings are visible from either of the three structures. Heavy equipment may also be used to remediate the landslide along a steep embankment on Webb Creek. The occupied building is located more than 30 feet above the Creek and is set about 75 feet from the edge of the Creek. Therefore the project would not create objectionable odors affecting substantial numbers of persons. Bear Creek Redwoods Open Space Preserve Initial Study ESA/990248 ENVIRONMENTAL CHECKLIST Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact LWact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications,on any species identified as a candidate, sensitive,or special- status species in local or regional plans,policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 0 El b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ❑ El 0 1:1 c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to, marsh, vernal pool, coastal,etc.)through direct removal, filling,hydrological interruption, or other means'! FJ 1:1 Z n d) Interfere substantially with the movement of any native resident or migratory fish or wildlife corridors, or impede the use of native wildlife nursery sites? ❑ El N E] e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? El I) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? F1 n EJ Discussion: a) The proposed project would, with the exception of limited demolition activities and remediation of a small landslide area along Webb Creek, retain the existing environment. Demolition activities are limited to the remnants of three small structures. The landslide remediation would be limited to removal of building rubble and contaminants, and restoration of the creek bank. Public access would be limited to existing trails and roads, as authorized by the District. Bear Creek Redwoods Open Space Preserve Initial Study -19- ESA/990248 ENVIRONMENTAL CHECKLIST A 1995 biological survey19 reported that the project site provides a suitable habitat for ten special- status plant species and at least 15 animals of special concern, including raptors such as Cooper's hawk and the golden eagle. The survey states that although a suitable habitat may exist, none of the special-status plant species nor the animals of special concern were observed in field surveys. A subsequent biological survey conducted in 199720 also confirms that no special-status plant species or animals of special concern were observed in field surveys on the project site. In addition, according to records maintained by the California Natural Diversity Database,no special-status plant or animal taxa were reported from the site(a slightly smaller site than the current project) or the immediate vicinity. On the basis of the 1995 and 1997 biological surveys,the proposed project would have a less than significant impact on any sensitive plant or animal species. However,the District has a longstanding policy of conducting surveys on newly acquired open space.21 The following mitigation measure would assure that public access would not unknowingly imperil the habitats of candidate, sensitive or special status species,particularly in portions of the project site outside of existing roads and trails, in accordance with District policy. Mitigation Measure BI0.1:The District shall restrict public access to existing trails and roadways on portions of the project site until the District undertakes a comprehensive re- survey of biological resources in the proposed project area, to document any species identified as a candidate,sensitive, or special status species by a local, or regional plan,policy or regulation or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. As part of its Comprehensive Use and Management Plan,the District shall prohibit public access to any habitat used or occupied by a sensitive plant and/or animal species,in accordance with the Resource Conservation Element of the Santa Clara County General Plan and other applicable policies and regulations,in the event any such species are observed in the future. In addition, the District will follow standard practices for managing trails and roads to prohibit access to sensitive habitats as follows: 1. In areas where trails and roads are determined to encroach in a sensitive habitat, seasonal or complete closure of the area will occur to avoid impacts. Access will be prohibited by clearly designating trails as closed,and installing appropriate signs and appropriate barriers to prohibit unauthorized use. 2. Notice of trail closures will be posted at all trail entrances. 3. Periodic monitoring of known sensitive habitats near trails will be conducted to determine if unauthorized trail use is occurring and whether additional measures,such as increased enforcement, are necessary. b) The proposed project would remove building rubble and contaminants from a landslide area along Webb Creek. Because Webb Creek feeds into Lexington Reservoir, which is a source of potable water, the rubble must be cleared to eliminate the possibility that contaminants from the rubble could pollute Reservoir water. The landslide remediation would allow restoration of the riparian habitat along the affected segment of Webb Creek. The project would not involve any further disturbance of the Webb Creek bank. 19 Santa Clara County,Los Gatos Country Club Draft Environmental,Impact Report,November 1997,Appendix E. 20 Ibid. 21 Midpeninsula Regional Open Space District,Open Space Use and Management Planning Process,March 31, 1991. Bear Creek Redwoods Open Space Preserve Initial Study -20- ESA1990248 ENVIRONMENTAL CHECKLIST The landslide consists of soil and the rubble of a structure that includes blocks of concrete,timber, piping and asbestos-containing materials. There is no mention of this landslide in a 1995 Draft EIR completed for the proposed Los Gatos County Club22, nor in a 1997 Draft EIR, also completed for the proposed Los Gatos Country Club.23 The slide is,however, documented in correspondence, dated November 30, 1996,between the property manager and a geotechnical consultant.24 The landslide would have destroyed any riparian habitat in this segment of Webb Creek. The areas near the three small structures to be demolished are highly disturbed sites, accessible by dirt and gravel roads. One structure, now vacant, appears to have been occupied recently. These areas would not contain sensitive natural communities. A 1995 biological survey reported some marginally suitable habitats along creek corridors. The survey did not identify the presence of sensitive riparian or natural communities.25 A subsequent biological survey conducted in 19972E also confirms that no sensitive riparian or natural communities were observed in field surveys. On the basis of the 1995 and 1997 biological surveys, the proposed project would have a less than significant impact on any sensitive riparian or other sensitive natural community. However, as noted previously,the District has a longstanding policy of conducting surveys on newly acquired open space. The following mitigation measure would assure that public access to the project site would not unknowingly imperil a sensitive riparian or other sensitive natural community,particularly on portions of the project site outside of existing roads and trails. Mitigation Measure BIO.2: The District shall restrict public access to existing trails and roadways on the project site until the District undertakes a comprehensive re-survey of biological resources in the proposed project area, to document any riparian and other potentially sensitive natural communities identified in a local, or regional plan,policy or regulation or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. As part of its Comprehensive Use and Management Plan, the District shall restrict access to these riparian and natural communities,in accordance with the Resource Conservation Element of the Santa Clara County General Plan and other applicable policies and regulations,if any such communities are observed in the future. In addition, the District will follow standard practices for managing trails and roads to prohibit access to sensitive riparian and natural communities as follows: 1. In areas where trails and roads are determined to encroach in a sensitive riparian and natural communities,seasonal or complete closure of the area will occur to avoid impacts. Access will be prohibited by clearly designating trails as closed,and installing appropriate signs and appropriate barriers to prohibit unauthorized use. 2. Notice of trail closures will be posted at all trail entrances. 3. Periodic monitoring of known sensitive riparian and natural communities near trails will be conducted to determine if unauthorized trail use is occurring and whether additional measures,such as increased enforcement, are necessary. 22 Ibid,passim. 23 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,November 1997,pp.3.13-1 through 3.13- 5. 24 Nordmo, K.P.,Certified Geotechnical Engineer,Nordmo Associates,letter to Pietro Denevi,November 30, 1996. 25 Santa Clara County,Los Gatos County Club Draft Environmental Impact Report,July 1995,pp.77-95 and Appendix E,and Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,November 1997,pp.3.6-1 through 3.6-23 and Appendix E. 26 Ibid. Bear Creek Redwoods Open Space preserve Initial Study -21- ESA/990248 ENVIRONMENTAL CHECKLIST c) The proposed project may temporarily interrupt the flow of Webb Creek, in order to remove any landslide materials, install a culvert in the bottom of the creek, and stabilize the embankment. One proposed method of remediating the landslide area is to install a culvert in the bottom of the creek. The newly installed culvert would be a continuation of the existing five-foot diameter corrugated culvert located upstream of the slide, and would allow storm water through the slide area. Acceptable debris27 could be placed and compacted around and over the culvert pipe. The debris would then be covered on the downstream side, along the sides and over the debris with clean, compacted soil fill. In addition a storm drain inlet would be installed on top of the fill to allow surface water into the CulVert.28 Webb Creek feeds into the Lexington Reservoir, a source of potable drinking water for Santa Clara County. Remediation of the landslide is proposed because of the presence of materials that contain asbestos in the landslide rubble, and the need to remove these materials so that it would not pose a hazard for water in the Lexington Reservoir, and to prevent further erosion along the creek bank. This construction work would be temporary and would result in a beneficial impact to the creek wetland area and wetland areas downstream. Remediation of the landslide area would require compliance with a Streambed Alteration Agreement from the California Department of Fish and Game, a Nationwide Permit from the Army Corps of Engineers, either a waiver or certification from the Regional Water Quality Control Board, and other permits related to the removal of materials containing asbestos. The proposed demolition work and remediation of the Webb Creek landslide area would therefore not result in a substantial adverse effect on a federally protected wetland. In addition,public access would be restricted to existing trails and roadways. Some of these trails are currently used by a caretaker, a stable operation and others during the daytime hours. When the project area is opened for public access following adoption of a Comprehensive Use and Management Plan,however,liking and equestrian uses could conflict with wetland areas along creek channels, the artificially created ponds, and an open swale.29 Mitigation Measure 1310.3: The District shall restrict public access to existing trails and roadways on the prgject site until the District undertakes a comprehensive resurvey of biological resources in the proposed prgject area, to document all federally protected wetland areas. As part of its Comprehensive Use and Management Plan,the District shall restrict access to wetland areas from inappropriate direct public contact,in accordance with the Resource Conservation Element of the Santa Clara County General Plan and other applicable policies and regulations. In addition, the District will follow standard practices for managing trails and roads to prohibit access to sensitive wetland areas as follows: 1. In areas where trails and roads are determined to encroach in a sensitive wetland, seasonal or complete closure of the area will occur to avoid impacts. Access will be prohibited by clearly designating trails as closed, and installing appropriate signs and appropriate barriers to prohibit unauthorized use. 2. Notice of trail closures will be posted at all trail entrances. 27 Nordmo,K.P.,Certified Geotechnical Engineer,Nordmo Associates,letter to Pietro Denevi,November 30, 1996.. 28 Ibid. 29 Ibid.,p.84. Bear Creek Redwoods Open Space Preserve Initial Study -22- ESA1990248 ENVIRONMENTAL CHECKLIST 3. Periodic monitoring of known sensitive wetlands near trails will be conducted to determine if unauthorized trail use is occurring and whether additional measures,such as increased enforcement, are necessary. d) Creek channels tend to serve as important movement corridors for wildlife, such as black-tailed deer, raccoon, opossum, coyote and grey fox. Pools along Briggs Creek and Webb Creek probably serve as important sources of water for birds and mammals during the summer.30 The portion of Webb Creek nearest the Alma College complex would not be considered a fishery resource because of structures on the Creek,just west of SR 17, related to Lexington Reservoir.31 However, although Webb Creek extends for several miles,the landslide area represents a relatively small segment of the creek bank. The slide area is deep but covers less than 100 feet horizontally, in an area near Bear Creek Road, a main road and exit from SR 17. Because Webb Creek is probably part of a movement corridor for local wildlife, and because of the proximity of SR 17 to the landslide area, the landslide area is probably not a wildlife nursery site. Furthermore, construction work along the Webb Creek landslide area would be temporary. Construction work in the landslide area would therefore not substantially interfere with the movement of any native resident or migratory fish or wildlife corridors,or impede the use of native wildlife nursery sites. Public access to the project site would be restricted to existing trails and roadways. These trails and roadways are currently in use by a caretaker, a stable operation, a heavy equipment contractor and others during daytime hours. With the exception of the heavy equipment contractor,the project would maintain existing uses of the trails and roadways, and would not include any activities that would interfere substantially with existing wildlife movement or existing use of wildlife nursery sites. e) 'I1ie proposed project would not include the removal of any trees identified in Santa Clara County's Heritage Tree Inventory. With the exception of the removal of three small structures and repair of the landslide area along Webb Creek,the proposed project would maintain the existing environment. The proposed project would not conflict with any local policies or ordinances protecting biological resources. f) The project site is not subject to a Habitat Conservation Plan, Natural Conservation Community Plan or other habitat conservation plan. Less Than Significant Potentially With Less 77tan Significant Mitigation Significant No Impact Incorporation Impact Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource? ❑ ❑ ® ❑ 30 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,July 1995,p.80. 31 Ibid. See also,SRI Design,Las Gatos Property Land Planning Study,September 1990,p.23. (Prepared by ESA for SRI Design.) Bear Creek Redwoods Open Space Preserve Initial Study -23- ESA/990248 ENVIRONMENTAL CHECKLIST b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions,has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? ❑ ❑ ❑ ❑ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ 0 ❑ ❑ d) Disturb any human remains, including those interred outside of formal cemeteries? ❑ X ❑ ❑ Discussion: a) The proposed project would demolish three dilapidated structures, formerly used as residences,on the project site. These three buildings are not considered historical resources. See, Attachment C for the historical evaluation.32 In 1995, the Santa Clara County Board of Supervisors added a portion of the Alma College complex, consisting of six historic resources,to the Santa Clara County Heritage Resource Inventory.33 111e project would stabilize, but would not otherwise alter, buildings on the former Alma College campus. Therefore, no substantial adverse change to any historic resource or potential historic resource, would occur, and the project would create a less than significant impact on the Alma College campus buildings. However, even though the impact is less than significant, the following mitigation measure would assure protection of an historic resource Mitigation Measure CUL.1: In the event that, after the planning process is completed pursuant to the Open Space Management Planning Process34 and Policies Regarding Improvements on District Lands,35 it were determined that public use of any of the Alma College campus buildings would occur, the District shall avoid any substantial adverse change to any existing historic resource on the project site by requiring that any re-use or renovation comply with the U.S. Secretary of Interior's Standards for the Treatment of Historic Properties (1995).36 32 Architectural Resources Group,Historical Evaluation—Alma College Site,May 27, 1999. (Note: The report incorrectly notes that the District leases the site(p.2);this site is owned by Arlie Land&Cattle Company. The Cabin"North"of Tripp Residence is actually south of the Tripp residence.) 33 Santa Clara County,Los Gatos County Club Draji Environmental Impact Report,November 1997,p.3.8-6. 34 Midpeninsula Regional Open Space District,Open Space Use and Management Planning Process,March 13, 1991. 35 Midpeninsula Regional Open Space District,Policies Regarding Improvements on District Lands,Amended October 10, 1984. 36 Weeks, Kay D.and Anne E.Grimmer,The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving,Rehabilitating,Restoring&Reconstructing Historic Buildings, 1995. Bear Creek Redwoods Open Space Preserve Initial Study -24- ESA/990248 ENVIRONMENTAL CHECKLIST b) The proposed project would require some excavation in the landslide area along Webb Creek. A survey conducted in October and December, 1994, found evidence of bedrock mortar outcrops on the south side of Briggs Creek, northwest of the Alma College complex.37 The same survey found no evidence of prehistoric cultural resources from Bear Creek Road downstream to SR 17. The following mitigation measure would assure that if archaeological resources are uncovered in the course of excavation along Webb Creek,the impact would be less than significant. Mitigation Measure CUL.2: In the event human skeletal remains are encountered, the project sponsor is required by County Ordinance No.136-18 to immediately notify the County Coroner. Upon determination by the County Coroner that the remains are Native American, the Coroner shall contact the California Native American Heritage Commission,pursuant to subdivision (c) of section 7050.5 of the Health and Safety Code and the County Coordinator of Indian Atfairs. If artifacts are found on the site,a qualified archaeologist shall be contacted along with the County Planning Office. No further disturbance of the artifacts may be made except as authorized by the County Planning Office. The project therefore would not cause substantial adverse change to a unique archaeological resource. c) No paleontological resources have been identified in the landslide area along Webb Creek where some excavation would be required. The proposed project also would demolish three structures including existing foundations. Because the site has already been disturbed by the original construction of the structures,it is unlikely that paleontological resources would be identified at those sites. Paleontological resources have,however,been identified in Santa Clara County.38 The following mitigation measure would reduce the impact of uncovering paleontological resources to an insignificant level: Mitigation Measure CUL.3: If,in the course of repairing the landslide area along Webb Creek,paleontological resources are found,all work shall cease immediately,and a qualified archaeologist or paleontologist shall be contacted along with the County Planning Office. No further disturbance of the paleontological resources shall be permitted except as authorized by the County Planning Office. d) See response to (b) above. Less Than Significant Potentially With Lear Than Significant Mitigation Significant No Impact Incorporation Impact Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss,injury, or death involving: ❑ ❑ ® ❑ 37 Ibid.,p.97. 38 Museum of Paleontology,httn://www.ucml2.berkeley.edu/collections/invert.html,May 22, 1999. Bear Creek Redwoods Open Space Preserve Initial Study -25- ESA/990248 ENVIRONMENTAL CHECKLIST i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure,including liquefaction'? El iv) Landslides? El El 0 n b) Result in substantial soil erosion or the loss of topsoil? c) Be located on strata or soil thatt,is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence,liquefaction, or collapse? El F-1 Z n d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Discussion: a) i) Approximately two-thirds of the project site has been mapped within an Alquist-Priolo Fault Rupture Hazard Zone for the San Andreas Fault, according the Division of Mines and Geology Special Publication 42. An Alquist-Priolo Fault Earthquake Fault Zoning Act requires local agencies to regulate most development projects within the zones,including all land divisions and most structures for human occupancy. (Single family wood-frame and steel-frame dwellings up to two stories, and not part of a development of four units or more, are exempt.)39 The 7.1 magnitude Loma Prieta Earthquake in 1989 produced strong groundshaking at the site. The groundshaking resulted in damage to utilities and structures. Surface ground breaks were also observed.40 There is a potential for on-site fault rupture during an earthquake on the Santa Cruz segment of the San Andreas Fault Zone. In the event of a regional San Andreas Fault Zone earthquake, fault surface rupture could affect the existing buildings,pavement,utilities 39 Department of Conservation,State of California,Alquist-Priolo Earthquake Fault Zoning Act, ht!p://www.consrv.ca. ov/dmv/rghi-n/a-p/al2-intro.htm,May 24, 1999. 40 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,July 1995,p.59. Bear Creek Redwoods Open Space preserve Initial Study -26- ESA/990248 ENVIRONMENTAL CHECKLIST and roads. As a result of the damage,buildings could become uninhabitable, roads would be closed and utility service disrupted. The potential for fault rupture exists at the site. A 1997 geological study included excavation of seven exploratory trenches in and around the Alma College complex. The results suggest that the San Andreas fault is located southwest of the Alma College complex,41 and that the fault runs through the project site. The proposed project would include stabilization of buildings in the Alma College complex to help prevent further deterioration and to protect historic resources. "Ground surface rupture along the main trace of the San Andreas fault, and ground surface rupture or sympathetic movement along any other subordinate traces that may exist on the site, may cause damage to the former Alma College complex . . . ."42 Before the Alma College buildings could be re-opened to the public, these buildings would require extensive seismic stabilization,in accordance with 1994 Uniform Building Code requirements. At least one of the buildings is located in a high risk hazard zone and would have to be upgraded to withstand up to three inches of ground displacement. With the exception of the caretaker residence and stable, buildings on the project site would remain uninhabited and unoccupied pending completion of the Comprehensive Use and Management Plan. In addition,the project would not include any new development. In some areas, when the project site is opened to the public, trail users may be subjected to small landslides or, in a very few cases, falling trees, and/or temporary road closures. These risks would be considered negligible in an open space area. ii) The project site will likely experience at least one major earthquake(greater than moment magnitude 7) within the next 30 years. The intensity of such an event will depend on the causative fault and the distance to the epicenter,the moment magnitude and the duration of shaking. Groundshaking could cause significant damage to the existing buildings on the site. Groundshaking in the event of an earthquake is unavoidable at this site. By initially restricting access to the project site,the project would reduce the number of people exposed to such a hazard. In some areas, when the project site is opened to the public, trail users may be subjected to small landslides or,in a very few cases, falling trees, and/or temporary road closures. These risks would be considered minimal in an open space area. iii) Earthquake-induced ground failure can result in liquefaction,densification,lurching, and lateral spreading of soils. These hazards are usually associated with unconsolidated alluvial soils. The project site is underlain with sedimentary bedrock and alluvial deposits capable of failure are localized and limited in size. The potential for these hazards to occur is unlikely given the nature of the deposits.43 iv) The Black Road landslide deposit underlies well over half of the project site. This feature is estimated to be 100,000 to 235,000 years old and is classified as inactive or potentially active.44 Many more recent landslide deposits have been identified on the project site. These features are shallower than the Black Road slide. Seismic shaking especially during a storm event can activate landslides. Landslides can damage roadways,buildings and utilities. Seismically triggered landsliding can be expected to occur at various places on the project site in the event of an earthquake. The location and magnitude of these slides is unpredictable and depend on many factors including intensity of shaking, saturation of soil, slope and soil materials. 41 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,November 1997,p.3.3-6. 42 Ibid.,p.3.3-10. 43 Ibid.,p.55. 44 Ibid.,p.59. Bear Creek Redwoods Open Space Preserve Initial Study -27- ESA/990248 ENVIRONMENTAL CHECKLIST Considering the proposed uses for the site, the probability that landsliding would injure people or damage property is low. b) The project would not result in changes to the existing property that could significantly increase current rates of soil erosion or initiate new erosion. Repair of the landslide area along Webb Creek would reduce the possibility of further erosion. c) There exists the potential for landsliding at the site especially in the event of a seismic event or intense precipitation event. Considering the proposed site uses and the limited site access,the landsliding hazards, although unpredictable and unavoidable, would represent a minimal hazard to people and property. Land subsidence is not a concern in the mountainous region of the Santa Cruz Mountains. Due to the limited extent of alluvial soils,the potential for liquefaction, and related ground movements is considered low. The project would not require alterations to the property, thus the underlying strata would not become unstable by project-related activities. d) Four main soil groups are mapped on the project site by the U.S. Soil Conservation Service.45 These are the Ayar clay, Felton silt loam,Felton-Ben Lomand complex and Madonna loam. These soils have moderate to high shrink-swell characteristics and thus can be considered expansive. Considering that no new construction is proposed, hazards due to expansive soils are not anticipated. If existing buildings overlie expansive soils,eventual structural damage may occur if it has not occurred previously. Considering the proposed site uses, if damage caused by expansive soils does exist, it will represent a less than significant hazard to the property occupants. e) With the exception of the caretaker or ranger, and day use activity at the existing stable,the project site would be uninhabited pending completion of the Comprehensive Use and Management Plan. No new development is planned on the project property and thus the need for additional wastewater disposal is not necessary. See Section XVI. Utilities and Service Systems for further discussion of wastewater and the use of septic systems on the project site. Less Than significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? El 19 1:1 El b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? F1 45 Ibid.,p.55. Bear Creek Redwoods Open Space Preserve Initial Study -28- ESA/990248 ENVIRONMENTAL CHECKLIST c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment'? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) for a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ❑ Discussion: a)-b) The proposed project site contains the remains of a building that burned down several years ago. The remaining debris, which contains some asbestos pipe insulation material,is partially buried under soil that has become a landslide. Mitigation Measure HAZ.1: The District shall remove the soil and debris containing asbestos to an approved storage facility. If the asbestos waste exceeds 50 lbs.,it must be transported by a registered hazardous waste hauler to an approved treatment, storage, or disposal facility. To prevent asbestos particles from being entrained in the air while handling and transporting, the asbestos material shall be wetted and deposited in sealed non-returnable containers from fibers cannot escape. Removal must comply with Regulation 11,Rule 2, Demolition,Renovation and Manufacturing, of the Bay Area Air Quality Management District See Attachment D for a copy of the California Department of Toxic Substance Control's Fact Sheet:Asbestos Handling and Disposal. 'Mere are three cabins in disrepair that would be demolished and removed from the property. One of the cabins contains insulation material that may include asbestos. Bear Cr eek Redwoods Open Space Preserve Initial Study -29- ESA/990248 ENVIRONMENTAL CHECKLIST Mitigation Measure HAZ.2: The District shall test this material, and if it contains asbestos, the building shall be dismantled so as to prevent asbestos fibers from being entrained into the air. The methods specified in the Bay Area Air Quality Management District(BAAQMD) Regulation 11,Rule 2, on demolition of buildings containing asbestos shall be followed. See Attachment B for a copy of Regulation 11, Rule 2. c) The nearest school is Lexington School, an elementary school in the Los Gatos Union School District,located at 19700 Santa Cruz Highway, approximately two miles from the project site. Clearance of materials containing asbestos at the project site would not impact the school. d) 111e January 1995 "Environmental Site Assessment,"used in both the 1995 Los Gatos Country Club Draft Environmental Impact Report46 and the 1997 Los Gatos Country Club Draft Environmental Impact Report47 indicate that the proposed project site is not a hazardous materials site.4J e) The proposed project would not be located within an airport land use plan area,or within two miles of an airport.49 t) The proposed project is not located near a private airstrip. g) The Santa Clara County Office of Emergency Services (OES),located at 55 Younger Avenue, Suite 435, in the City of San Jose, coordinates "organized planning efforts with County departments, local cities and special districts to mitigate against.,prepare for, respond to, and recover from disasters. It is responsible for maintaining the County and Operational Area Emergency Operations Centers in a continual state of readiness and for designing, conducting, and evaluating periodic emergency staff training and simulated disaster preparedness and response exercises."50 OES includes coordination with the Santa Clara County Central Fire Protection District, which provides fire protection services to the proposed project. The project area is located in a wildland area at risk for forest tires. When the project is open to the public,the risk of forest fire could involve risk to park users. See Section XIII. Public Services for a discussion of fire protection services for the proposed project and proposed mitigation measures. While the proposed project would not impair implementation of or physically interfere with the County's emergency response plans,mitigation measures proposed in Section XIII. Public Services would provide assurance that emergency response would be effective, and that the project would not impact emergency response to the project area. h) The proposed project is located in an area designated as a"wildland area that may contain substantial forest fire risk and hazards"pursuant to Section 4125 of the Public Resources Code.51 See Section XIIL. Public Services for a discussion of fire protection services for the proposed project and proposed mitigation measures. When the project is opened to the public,hikers or riders could potentially be exposed to the risk of a wildland fire. Compliance with Section 4125 of the 46 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,July 1995,p. 136. 47 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,November 1997,Appendix J,p.7. 48 See,Santa Clara County,Los Gatos County Club Draft Environmental Impact Report,July 1995,Appendix I. 49 Santa Clara County Airport Land Use Commission,Land Use Plan for Areas Surrounding Airports in Santa Clara County, "Maps,"September, 1992. 50 Santa Clara County,About Emergency Services,ht!p://claraweb.co.santa-clara,ca.us/oes/about.htm,May 23, 1999. 51 JCP Geologists,Inc.,Natural Hazard Disclosure Statement,[included in letter dated February 11, 1999,to Midpeninsula Regional Open Space District from Scott D.Rogers,Attorney at Law,Landels,Ripley&Diamond], 1998. Bear Creek Redwoods Open Space Preserve Initial Study -30- ESA/990248 ENVIRONMENTAL CHECKLIST Public Resources Code and Mitigation Measures FIRE.I and FIRE.2 would reduce the risk of a wildland fire that would expose people or structures to a significant risk of loss,injury or death to a less than significant level. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? ❑ E] b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there should be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? El c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion of siltation on- or off-site? ❑ d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off- site? ❑ ❑ e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems? ❑ ❑ ❑ X f) Otherwise substantially degrade water quality? g) Place housing within a IM-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Bear Creek Redwoods Open Space Preserve Initial Study -31- ESA/990248 ENVIRONMENTAL CHECKLIST i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? ❑ n 0 j) Inundation of seiche, tsunami,or mudflow? ❑ Discussion: a) No water quality standards or waste discharge requirements would be violated with implementation of the project. No actions are planned as part of the project that would introduce possible water quality contaminants into the watershed. The project would repair an existing landslide along Webb Creek that contains rubble from a demolished building, and remove asbestos-containing materials from the rubble,thereby removing a potential source of contaminants to Lexington Reservoir. This repair work would not substantially alter the existing drainage pattern or the course of the creek. However, the project would include two water users: the stable operation and the caretaker/District ranger residence. The caretaker structure uses spring water supplied by Webb Creek; the stable structures use spring water that originates from Aldercroft Creek. (Both creeks flow into Lexington Reservoir, a source of drinking water for Santa Clara County.) "Within the Briggs and Aldercroft Creeks drainage basins upstream of the site,the water is considered to be of high quality and suitable for water supply and other beneficial uses. The spring water that has been used for water supply on the subject site is generally of good quality and,prior to the 1989 earthquake, was used for drinking water and irrigation." However, the present quality of these two water sources is unknown.52 The 1997 Los Gatos Country Club Draft Environmental Impact Report reports: Water quality data for surface runoff from the project site is unavailable. However, given the current land use,the quality of the surface runoff for Briggs and Aldercroft Creeks would be expected to be typical of other watersheds in the vicinity, which are largely forested, open space areas with scattered rural residential development. Historic water quality sampling in nearby watersheds (e.g., Beardsley Creek-Lake Canyon area),has documented bacteriological effects on surface streams from old, malfunctioning and improperly sited septic systems.53 Water sources are affected by storm runoff. This water should be tested to assure it remains an adequate source of potable water, and is not affected by runoff from the stable operations, or other possible pollutants. Mitigation Measure HYRO.I: The District shall regularly test potable water sources on the project site to assure that the water sources for the caretaker/District ranger residence and the stable area continue to be potable, and that runoff from the stable operations will not affect downstream potable water sources, by establishing regular tests of the water sources used by the project If nitrogenous compounds are found in any potable water sources, the stable operation would be required to dispose of horse manure off-site. b) Although the existing buildings were at one time receiving potable water from San Jose Water Company through an existing pipeline, water service was discontinued and the pipeline may have been severed by the landslide along Webb Creek. The project would continue to have access to a 52 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,July 1995,pp.70-71. 53 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,November 1997,Appendix D,p.3. Bear Creek Redwoods Open Space Preserve Initial Study -32- ESA/990248 ENVIRONMENTAL CHECKLIST 500,000 gallon water tank owned by the San Jose Water Company and an off-site tank that also holds 500,000 gallons of water. The project also has riparian water rights to both Briggs and Aldercroft Creeks.54 This use of spring water would not cause a depletion of groundwater, and represents less usage than in past years when the site was used as a school. c) The proposed project includes repair of a landslide along the bank of Webb Creek that contains building rubble from a demolished building. Removal of the rubble would not result in a substantial increase in sedimentation or erosion. The proposed repair of the bank area would decrease the possibility of further erosion and sedimentation. Public access to the project area could place erosional pressure on trails if heavily traveled by hikers, or equestrians. Erosion of trails could lead to increased suspended sediment within the project area creeks and sedimentation throughout the creek systems and Lexington Reservoir, which is the receiving water from Briggs and Aldercroft Creeks, and a number of smaller tributaries, such as Webb Creek. Annual rainfall in the project area is estimated to be approximately 40 inches with the majority of the precipitation occurring between November and Apri1.55 The approximated rainfall amount for the 100-year, 24-hour storm frequency is 8 to 10 inches.56 The Santa Cruz Mountains are known for intense rainfall with large volume flows through creeks and drainages. The site is leeward of incoming storms but would still receive intense rainfall that is capable of eroding and destabilizing project area trails. This potential impact to stream water quality can be mitigated to less than significant through the following measure. Mitigation Measure HYDRO.2: The District shall maintain the trails to reduce concentrated runoff and focal points where substantial erosion could occur. The use of water bars,trail cover, and trail edge protection shall be required in areas of steep slopes and heavy traffic to maintain trail integrity. Trails and roads will also be maintained according to District standard practices to prevent erosion and sedimentation. District standard practices for road and trail maintenance include the following: 1. Routine cleaning of existing drainage facilities such as culverts,water bars and drain dips. 2. Installation of minor drainage improvements such as water bars to channel surface flow from trails to natural drainage systems. 3. Installation and maintenance of small dissipating structures in locations where outflows or channelization could cause erosion. 4. Installation of fence and gate barriers to prevent off-trait access and shortcuts. 5. Volunteer trail reporting to identify potential trail erosion. 6. Seeding and revegetation of eroding slopes. 7. Seasonal and temporary trail closures to allow revegetation and maintenance. S. Clearing of vegetation alongside trails by using good pruning practices and not extending beyond three feet from the trail edge. 54 Ibid.,pp. 3.14-3 through 3.14.4. ("A riparian right entitles properties which front on streams and creeks the right to divert and beneficially use the water from the stream on the adjacent properties. However,water taken under a riparian right must be used within 30 days of diversion. .. . The project has the ability to obtain water from both the Aldercroft and Briggs Creeks under riparian right.") 55 Ibid.,p.66. 56 National Oceanic and Atmospheric Administration(NOAA). 1973. Westem U.S Precipitation frequency Maps. Provided by the Office of Hydrology,National Weather Service(NOAA Atlas 2 Volume Xh).http://www.wrcc.dri.edu/pcpnfreq.html. Bear Creek Redwoods Open Space Preserve Initial Study -33- ESA/990248 ENVIRONMENTAL CHECKLIST d) The project would not substantially alter the existing drainage pattern of the area. No new buildings are proposed and the existing roads and trails will be used for proposed public access to the area. No actions are planned that would alter the watershed and possibly increase downstream flow volumes. SR 17 is not currently subjected to inundation by 100-year flood flows on creeks in the project area due to the size of the culverts and height of the highway.57 No actions are proposed by the project that would substantially affect flow through the culverts that pass the project area creeks under SR 17. e) No actions are proposed as part of the project that would increase stormwater runoff by increasing impervious surfaces. The existing buildings do not currently have any flooding problems. The existing buildings are outside of any floodplains and are located in a flat,ridge area with no drainage problems. 1) No actions are proposed as part of the project that would substantially degrade water quality. The project should be beneficial in protection of the watershed and its associated water quality. Mitigation Measure HYDRO.1 would assure water quality for existing uses that would continue as a part of the proposed project. g) No housing is proposed as part of the project. Existing structures will be used to house a caretaker or District ranger and family. These structures are outside of any known flood zones. h) The proposed project would not place any structures within a 100-year floodplain that might impede or redirect flood flows. The existing structures are located along a flat ridgeline area well above any floodplain of nearby creeks. i) It is possible that the current trail system passes through flood zones of creeks within the project area. Intense precipitation could result in high creek levels,thereby posing potential flood risks to District personnel or public users. This potential impact is less than significant due to the inherent risk of entering natural stream areas, especially during significant storm events. Flood waters are an obvious risk;the proposed project would not create any conditions that would increase the exposure of people to flooding risks. The District would use its patrols, signage and barricades to reduce the possibility that the project would expose persons to potential flood risks to a less than significant level. j) Mudflows are possible in the project area due to intense precipitation of significant durations typical of the Santa Cruz Mountains. Saturated soil conditions in steeply sloped areas can cause surficial movement of soil as debris or mud flows. These flows are a result of a loss of soil tension due to the over-saturation of the soil profile from extended or intense storm events. Debris or mud flows could expose District personnel and the public to a life-threatening event if a flow occurred within the project area where public access would be allowed. The low probability of such an event and the limited likelihood of District personnel or the public to be in harm's way during an intense storm event necessary to precipitate such an event,reduce this potential impact to less than significant. For further discussion of the potential impact to District personnel or public users due to landslides,please see Section VI., Geology and Soils. 57 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,July 1995,p. 66. Bear Creek Redwoods Open Space Preserve Initial Study -34- ESA/990248 ENVIRONMENTAL CHECKLIST Less Than Significant Potentially With Less 77tan Significant Mitigation Significant NO Impact Incorporation Impact Impact IX. LAND USE AND PLANNING --Would the project: a) Physically divide an established community? ❑ ❑ ❑ 9 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? ❑ ❑ ❑ 0 Discussion: a) The proposed project is located near Lexington Reservoir, on hilly terrain, surrounded by open space areas that include the 3,600-acre Sanborn County Park to the northeast,the 960-acre Lexington Reservoir County Park that encircles Lexington Reservoir, and the 13,819-acre Sierra Azul Open Space Preserve (west of Lexington Reservoir). Additional uses include a few well- spaced residences, located west of Bear Creek Road, and a few retreat/conference centers. The proposed project would add 260 acres to the Midpeninsula Regional Open Space District's 8 11-acre Bear Creek Redwood Open Space Preserve. Because the proposed project would be an extension of an existing open space preserve, and is located in an area used primarily for recreational and open space uses,the proposed project would not divide an established community. d) The proposed project would not conflict with any applicable land use plan,policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The proposed project is designated as Hillsides by the Santa Clara County General Plan, which is a"resource conservation area designation," used primarily for mountains and foothills,Bay wetlands and lowlands, and valley agricultural lands. The intent of a resource conservation area designation is to: a. help preserve rural character; b. conserve natural, scenic, and cultural resources; c. protect public health and safety from natural and man-made hazards; d. preserve agriculture and prime agricultural soils; e. protect watersheds and water quality; f. enhance air quality; and g. minimize the demand for and cost of public services and facilities.58 "Land in its natural state," is a specific permitted use for Hillside areas.59 58 Santa Clara County,Santa Clara County General Plan,December 20, 1994,p.Q-1. 59 Ibid.,p.Q-3. Bear Creek Redwoods Open Space Preserve Initial Study -35- ESA/990248 ENVIRONMENTAL CHECKLIST The project site is located within the Los Gatos Watershed Area, also designated by the Santa Clara County General Plan. This area includes "all the land in Santa Clara County which drains into Lexington Reservoir below Lake Elsman."60 Development in this area is restricted by the General Plan: Given the severe problems of fire protection, including water supply and pressure, access and service; domestic water supply and quality; general watershed quality; erosion; road maintenance; circulation and road safety; geological hazards; and protection of the natural environment;in portions of the Los Gatos Watershed with lots of 10 acres or less, no new building shall be permitted and no building sites created or new lots created except with the strictest adherence to County standards and criteria.61 Lastly,the Report of the Preservation 2020 Task Force, Open Space Preservation:A Progranifor Santa Clara County, specifically mentions the "Novitiate"project site as a site that is "currently preserved, 62 and should remain preserved. The report states: Open space is a key ingredient in the high quality of life we enjoy in Santa Clara County. The county's private and public open space lands provide many benefits to the community-at-large. Some of these benefits include: provision of recreation areas; control of sprawl and definition of urban form;protection of scenic vistas;protection of watershed areas; avoidance of development in hazardous areas; preservation of valuable natural areas;preservation of farmlands and other productive resource areas; and the provision of buffers between incompatible land uses.63 The project conforms with the General Plan and the Preservation 2020 report,both of which adopted specific designations in order to mitigate or avoid an environmental effect. c) The proposed project does not contain areas subject to a habitat conservation plan or natural communities conservation plan. 60 Ibid.,p.Q-17. 61 Ibid. 62 Preservation 2020 Task Force, Open Space preservation: A Programfor Santa Clara County,April 1987,p. V-10. 63 Ibid.,p.i. Bear Creek Redwoods Open Space Preserve Initial Study -36- ESA/990248 ENVIRONMENTAL CHECKLIST Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact X. MINERAL RESOURCES --Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? ❑ ❑ ❑ b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? ❑ ❑ ❑ Discussion: a) An Mineral Resource Zone-2(MRZ-2)indicates the existence of a deposit that meets certain criteria for value and marketability. The State Geologist classifies mineral lands on the basis of existing geologic factors; existing land-use,by statute, is not considered.64 Mineral resources in Santa Clara County are primarily limited to construction aggregate deposits (including sand, gravel and crushed stone), and salts extracted from evaporation ponds along the edge of the San Francisco Bay.65 Limestone deposits are found near Cupertino, while rock is found mostly in the mountain areas. A quarry is currently in operation on the east side of Lexington Reservoir, five to ten miles from the project site. The project site is not,however,located in a designated MRZ-2 area.66 b) The Santa Clara County General Plan does not designate the project site as an important mineral resource recovery site.67 Less Than Significant Potentially With I--ss Than Significant Mitigation Significant No Impact Incorporation Impact Impact XI. NOISE-- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ❑ ® ❑ ❑ b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ❑ ❑ ® ❑ 64 California Environmental Resources Evaluation System(CERES), California Environmental Information Catalog, httn://ceres.ca.mov/catalog/bin/show record?record=1106,May 20, 1999. 65 Santa Clara County,Santa Clara County General Plan,December 20, 1994,p.H-32. 66 United States Geological Services,Mineral Land Classification Map,Los Gatos Quadrangle,Special Report 146,Plate 2.48. 67 Santa Clara County,Santa Clara County General Plan,December 20, 1994,p.H-32. Bear Creek Redwoods Open Space Preserve Initial Study -37- ESA1990248 ENVIRONMENTAL CHECKLIST c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ Z ❑ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ M ❑ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport of public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ Z Discussion: a) The Santa County General Plan lists noise compatibility standards for land use in Santa Clara County at satisfactory, cautionary and critical. Under the Santa Clara County General Plan,there are no critical noise levels for parks and open space areas.68 Cautionary noise levels in open space areas begin at 65 dB, while cautionary noise levels in parks,open space reserves and wildlife refuges begin at 55 dB. A cautionary noise level is one that"could potentially pose a threat to the proposed land use. The ambient noise level is great enough to require study on the compatibility of the proposed project. Normal building methods may not be adequate to protect the use." (General Plan,p. 1-28) The project site is bordered by Bear Creek Road. Existing noise sources include a stable operation, logging trucks using an existing roadway that connects to SR 17 to and from a timber operation under a current Timber Harvest Plan on the Upper Property, and existing maintenance activities. The project would temporarily increase noise levels to a cautionary—but not critical —noise level within and around the project site during the demolition of the remnants of three ancillary structures, and remediation of the landslide area. These temporary cautionary noise levels would fluctuate depending on the particular type, number, and duration of use of various pieces of construction equipment. The effect of the noise generated by demolition activities and work on the landslide area would depend upon how much noise would be generated, the distance between these activities and the nearest noise-sensitive uses, and the existing noise levels at those uses. The Santa Clara County General Plan states: "In rural areas, general noise levels are low but specific noises are often extremely annoying (i.e.,blasting from quarries, shooting ranges,power boats, and off-road vehicles may disturb the serenity of an area with significantly affecting the day-long average readings of the DNL scale.)"69 Many remote parks have readings below 40 DNL70 68 Santa Clara County,Santa Clara County General Plan,December 20, 1994,p.1-30. 69 Santa Clara County,Santa Clara County General Plait,December 20, 1994,p.1-27. 70 According to the Santa Clara County General Plan,"In this General Plan,noise levels are expressed as DNL levels,as recommended by the Environmental Protection Agency(EP)for community noise planning." A Day-Night Average Sound Level(DNL)and a Community Noise Equivalent Level(CNEL)penalize night-time noises by 5 dB to 10 dB. The basic unit Bear Creek Redwoods Open Space Preserve Initial Study -38- ESA/990248 ENVIRONMENTAL CHECKLIST The nearest sensitive receptor would be the caretaker/ranger station that is at least 75 feet to the west of the ridge over the Webb Creek landslide area. Noise would also impact those living immediately west of Bear Creek Road. The following mitigation measure would assure that noise is reduced to a less than significant level. Mitigation Measure NOISEA: The District shall require contractors to comply with the County Noise Ordinance to reduce the impact of the construction equipment noise In addition,the following mitigation measure would further reduce the temporary impact of noise in the project area: Mitigation Measure NOISE.2: The District shall require contractors to muffle or otherwise control all construction equipment and trucking operations71 with a high noise potential, as feasible. New equipment shall be used whenever possible. All construction and trucking equipment should be inspected at periodic intervals to ensure proper maintenance and hence, lower noise levels. Opening the project area for public use, following a Comprehensive Use and Management Planning process, would increase noise from motor vehicles. However,based on the project sponsor's experience with its other open space preserves, approximately sixteen hikers per weekday would be expected, while an estimated 115 hikers would be expected on an average weekend day. Combined with the stable users on an average weekend day, approximately 94 vehicles would be anticipated.72 (Including stable users, approximately 20 vehicles would be anticipated on an average weekend day before the site is opened to the public; 16 of the 20 vehicles would result from the stable operation.) However, vehicles would travel less than a mile from SR 17. Nearby residences are set back from Bear Creek Road and sheltered by tree groves. The noise of vehicles would not be distinguishable from the noise of other vehicles along Bear Creek Road. The noise generated from vehicles to the project site would not create a significant impact. b) The exposure of people to temporary construction-related noise sources and long-term traffic is described in(a) above. As discussed above, construction-related noise sources may expose people to higher noise levels,but the associated impacts would be reduced to less than significant with implementation of identified mitigation measures. Long-term noise sources would not expose people to high noise levels. c), d) The demolition activities and remediation of the landslide along Webb Creek would cause a temporary increase in ambient noise levels, above levels existing without the project. See response to (a) above. e) The proposed project is not located within an airport land use plan or an area with two miles of a public use airport.73 f) The proposed project is not located within the vicinity of a private airstrip. for describing noise is the decibel(dB). Environmental noise is typically described in terms of the"A-weighted"decibel,or dBA. "A-weighting"refers to sound pressure levels corrected for the variation in frequency response of the human ear to commonly encountered noise levels. 71 The logging operation has been reviewed under its current Timber Harvest Plan. 72 Woods,Del, Sr.Acquisition Planner,Midpeninsula Regional Open Space District,telephone conference,May 24, 1999 and facsimile,May 20, 1999. 73 Santa Clara County Airport Land Use Commission,op. cit. Bear Creek Redwoods open Space Preserve Initial Study -39- ESA/990248 ENVIRONMENTAL CHECKLIST Le.vs Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XII. POPULATION AND HOUSING --Would the project: a) Induce substantial population growth in an area, either directly(for example,by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ❑ ❑ ® ❑ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ c) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ Discussion: a) The permanent population of the project site would consist of one resident caretaker or ranger family. Prior to being opened to the general public, site users would consist of employees and clients of the existing stable operation, District representatives compiling a resource inventory, and limited access by neighbors conducting site surveillance. Site use by the general public would consist of daytime hiking and riding on existing trails,primarily on weekends, when an estimated 145 hikers and riders would visit the project site on an average weekend day. The project would not include any new construction of homes,businesses or extensions of infrastructure, and would be limited to minor repairs, or demolition cleanup(including clearance of hazardous materials). Development on adjacent areas is limited by the Santa Clara County General Plan and the Santa Clara County Zoning Ordinance, which restrict the size of hillside development parcels. The project would therefore not induce population growth, directly or indirectly. b) The proposed project would, with the exception of two small dilapidated cabins and a residence,retain all existing buildings. The proposed project would not,therefore, displace substantial numbers of existing housing. c) With the exception of a caretaker,the proposed project area has not been occupied since 1994. The project would not,therefore displace substantial numbers of people. Bear Creek Redwoods Open Space Preserve Initial Study -40- ESA/990248 ENVIRONMENTAL CHECKLIST Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XIII. PUBLIC SERVICES -- Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? ❑ ❑ ® ❑ Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? ❑ ❑ ❑ Discussion: Fire Protection: The Santa Clara County Central Fire Protection District provides fire protection services in Santa Clara County's unincorporated areas. The project site is served by two fire stations: one located at 306 University Avenue,Los Gatos ("Los Gatos Station"), and the other at 21452 Madrone Drive, Redwood Estates ("Redwood Estates Station"). The Los Gatos Station is located approximately 4 miles north of the project site, near SR 17. This station is staffed by five firefighters and a battalion chief, and is equipped with two engines. The Redwood Estates station is located approximately 4.5 miles south of the project site,near SR 17, and is staffed by three firefighters with one engine. The County's fire protection services for the area that includes the project site are rated by the Insurance Services Office (ISO) at between 8 and 9,based on a scale from one(best)to ten(worst). The California Department of Forestry (DOF) also provides fire protection services for the project site from the Alma Station,located at SR 17 and Lexington Reservoir, approximately 1.5 miles from the project site. The Alma Station is staffed by three to four engine personnel and ten helicopter personnel. The helicopter transports water from the Lexington Reservoir to assist in fighting wildland fires. The Alma Station is staffed during the declared fire season, and is closed during the off-season. DOF estimates its response time to the project area at under ten minutes. DOF currently fights an estimated 300 fires per season(or an estimated two fires per day in a six-month fire season)that include vehicle, structure and vegetation fires. During the fire season, all 911 calls are automatically dispatched to both the Santa Clara County and the Department of Forestry. Bear Creek Redwoods Open Space Preserve Initial Study -41- ESA/990248 ENVIRONMENTAL CHECKLIST The project area is located within an area characterized by the Department of Forestry as a"wildland area that may contain substantial forest fire risks and hazards."74 As a result,property owners are subject to the maintenance requirements of Section 4291 of the Public Resources Code, which require a property owner to maintain a firebreak along property lines, and adjacent to all buildings and structures. In recent history,two major wildland fires, one in 1998 near the Town of Los Gatos, and the other in 1985 in the area east and south of Lexington Reservoir,burned hundreds of acres that included residential structures. The project site is covered by an extensive system of roads and wide walkways that would provide access by fire protection vehicles to most areas of the project site. All structures are located in close proximity to SR 17, accessible from Bear Creek Road,or portions of Alma College Road. However, not all roadways and paths on the site appear to be documented. In addition,roads in the steeper areas of the project area may be too steep to provide access to a fire truck. Santa Clara County requires property owners in the project area vicinity to maintain water storage tanks or ponds, and to have an established water system.75 The project sponsor would continue to store water in two existing water tanks, each with a capacity of 500,000 gallons. A lake is also located on-site. The project area is not currently connected to water service from the 500,000 gallon on-site tank, operated by San Jose Water Company and the previous connection may have been severed by the landslide along Webb Creek. Although there were apparently fire hydrants on the project site at one time, a site visit indicates that there are currently no fire hydrants on the project site. If the Alma College buildings were ever opened to the public, fire hydrants would be required by the Uniform Building Code, and the County's Fire Prevention Code. At the present time, in addition to the caretaker or ranger living on-site,the District intends to routinely patrol the project site with District rangers equipped with pump trucks capable of providing limited,but immediate first response to a fire on the project site. These District rangers, who are trained in fire suppression, would patrol the entire project area on an average of once a day on weekdays and twice a day on weekends. In addition, whenever DOF declares an extreme fire hazard,the District adheres to a policy of closing its open space preserves by posting notices at all known entrances.76 Camping and outdoor cooking are not allowed in District open space preserves. When the project area is opened to the public,there could be a slight increase in the risk of fire from arson and cigarettes (smoking is prohibited in the District's Preserves). Adequate water pressure for this area has been an ongoing concern,particularly because the project area is located in an area with a known risk of wildland fires.77 The proximity of the California Department of Forestry and Fire Protection's Alma Station, two Santa Clara County fire stations,the District's patrol trucks equipped with a water pump, and adequate water pressure that could be available from the San Jose Water Company's 500,000 storage tank on site lessen the risk of wildland fires. The site is not, however, currently connected to service from the San Jose Water Company. Although reconnecting service would not constitute construction of a facility that would have a substantial adverse environmental impact,the following mitigation measure would assure that the project site has access to sufficient water pressure to assist in firefighting efforts. Mitigation Measure FIRE1: Before opening the project site to the public, the District shall reconnect service to a water provider to assure a source of reliable emergency water pressure on the site. 74 California Department of Forestry and Fire Protection,bttp://www.fire.ca.pov,May 20, 1999. 75 Hokanson,Wayne,Deputy Fire Marshall,Santa Clara Fire Marshall's Office,telephone conference,May 18, 1999. 76 Woods,Del, Sr.Acquisition Planner,Midpeninsula Regional Open Space District,telephone conference,May 20, 1999. 77 Santa Clara County,Los Gatos County Club Draft Environmental Impact Report,November 1997,p.3.16-1. Bear Creek Redwoods Open Space Preserve Initial Study -42- ESA/990248 ENVIRONMENTAL CHECKLIST The following mitigation measure would assure that the level of firefighting protection is adequately maintained and available throughout the project site. Mitigation Measure FIRE.2: Before opening the project site to the public, the District shall document all roadways and paths on the proposed project, and provide maps of the site to the Santa Clara County Central Fire Protection District and the Department of Forestry's Alma Station. The District shall conform with all County requirements for vegetation clearance on existing trails and roadways,and near existing structures. Police Protection: The Santa Clara County Sheriffs Office provides police protection services to the unincorporated areas of Santa Clara County. The Sheriffs Office currently has 445 full-time, sworn badge staff that includes 359 Deputy Sheriffs.78 The Sheriff's Office also maintains a reserve force of 110 Reserve Deputy Sheriffs. The Department is divided into three major divisions: Field Operations, Marshall Services and Special Services,that include several specialized units, such as Search&Rescue, Off-Road Enforcement Team, Sheriff s Emergency Response Team(SERT), and a Canine Unit. The substation nearest the project site is the Saratoga Substation,located at 14374 Saratoga Avenue, Saratoga, approximately 8.5 miles from the project site. The Saratoga Substation is staffed by 90 officers who patrol unincorporated areas in the Santa Cruz hill areas, as well as other unincorporated areas throughout Santa Clara County. The Sheriffs Office also provides also provides police protection services for the cities of Los Altos Hills, Saratoga and Cupertino on a contractual basis through the Saratoga Substation. The project area is patrolled from 7:30 a.m.to 1:00 a.m. daily. Calls for service between 1:00 a.m. and 7:30a.m. are handled by units on patrol in the City of Saratoga, or from units in San Jose or Los Gatos. The California Highway Patrol responds to all vehicle-related calls near the project area District rangers, who are sworn peace officers, would also routinely patrol the site on an average of once a day on weekdays and twice a day on weekends. The District would continue to provide an on-site caretaker or ranger. When the site is publicly accessible, only hiking and equestrian uses would be allowed. District rangers would be able to respond to emergency situations 24 hours a day. The proposed project would be expected to generate minimal requests for police protection services when the open space preserve is opened to the public. The Sheriffs Office estimates it receives less than five calls per month from the nearby Lexington Reservoir County Park.79 Most of the calls from Lexington Reservoir involve injured bicyclists. Because of the District patrols,the on-site caretaker or ranger, the proposed project would be expected to generate fewer calls than Lexington Reservoir County Park, and would not result in a need for additional facilities. Schools: With the exception of a caretaker or a ranger, the proposed project would not generate any residents directly or indirectly because the project area is part of a 1071-acre area designated as open space lands. The proposed project would therefore not impact nearby schools or create a need for new school facilities. Parks: The District proposes to acquire the 260-acre privately-owned project area to retain as an open space preserve for eventual public access. The District would allow hiking and equestrian activities in the future. Existing equestrian trails would remain in use by the current stable leasee. Because this property has, since the mid 1850's,been private property,it has generally never been publicly accessible. 78 The general description of the Santa Clara County Sheriffs Office relies on information from Santa Clara County Sheriff's Office Facts,httn://claraweb.co.santa-clara.ca.us/sheriff/facts.htm,May 17, 1999. 19 Kirby,Joe,Administrative Sergeant,Santa County Sheriff s Office,telephone conference,May 20, 1999. Bear Creek Redwoods Open Space Preserve Initial Study -43- ESA/990248 ENVIRONMENTAL CHECKLIST purchase of the property by the project sponsor will eventually allow public access to existing trails,but would not result in need for new or physically altered governmental facilities that would cause an adverse impact to the environment. Other Public Facilities: The District proposes to provide a caretaker or ranger residence,located in the former library building. The residence would continue an existing use and would not require new construction. The ranger residence would therefore not result in a substantial adverse impact. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Inact XIV. RECREATION-- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ❑ ❑ ® ❑ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ❑ ❑ ❑ Discussion: a) With the exception of a caretaker/ranger, the project would not have a permanent population that would seek nearby recreational opportunities. When the park is opened to the public, the proposed project would provide recreational opportunities for hiking and equestrian activity over a 260-acre area. In addition, several regional parks are located nearby, many of which are several hundred acres in size. Allowed activities at nearby parks vary, and include biking,play areas,picnic areas and other activities that would not be allowed in the project area. Use of other parks by visitors to the proposed project would not be expected to cause or accelerate substantial physical deterioration of nearby recreational areas. The project area would instead be likely to decrease deterioration of nearby parks by offering additional hiking and equestrian opportunities. b) The proposed project includes a stable operation that would continue, even when the park is closed to the public. The proposed project also includes existing trails and roadways that would be opened to the public in the future for hikers and equestrians. The proposed project would not provide expanded or newly constructed recreational facilities. Bear Creek Redwoods Open Space Preserve Initial Study -44- ESA/990248 ENVIRONMENTAL CHECKLIST Less Than Significant Potentially With Less Than Significant Mitigation Significant No - Impact Incorporation Impact Impact XV. TRANSPORTATION/TRAFFIC --Would the pr(kiect: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e.,result in a substantial increase in either the number of vehicle trips,the volume-to-capacity ratio on roads, or congestion at intersections? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ❑ E] ❑ e) Result in inadequate emergency access? 9 ❑ 1) Result in inadequate parking capacity? ❑ Z g) Conflict with adopted policies supporting alternative transportation(e.g.,bus turnouts, bicycle racks)? ❑ ❑ ❑ X Discussion: a) The proposed project would, when opened to the public,create additional traffic. However, based on the District's experience at its other open space preserves, additional traffic would be limited primarily to weekends, during off-peak periods. The Bear Creek Redwoods Open Space Preserve would generate visits by an estimated total of 94 vehicles throughout an average weekend day (94 vehicles "in" and 94 vehicles "out")or less than an average of 8 additional vehicles per hour in a 12-hour day (2 vehicles per hour at the stable operation and 6 vehicles per hour for hiking), when opened to the public. The additional traffic is far less than existing weekday peak traffic loads at the Bear Creek Road/SR 17 interchange.80 While closed to the public, an estimated total of less than 20 vehicles throughout an average weekend day (20 vehicles "in" and 20 vehicles "out") would visit the project site. On an average weekday,the project would generate 26 vehicles(26 80 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,July 1995,pp. 115-124. Bear Creek Redwoods Open Space Preserve Initial Study -45- ESA/990248 ENVIRONMENTAL CHECKLIST vehicles "in" and 26 vehicles "out), when opened to the public. (See response to(f), below.) At the present time, the project site generates a total of 9-10 vehicles visiting the site. The Santa Clara County Congestion Management Agency" reports no recent traffic load studies of Bear Creek Road. The 1997 Draft EIR for the Los Gatos County Club proposal included a 1997 traffic study of Bear Creek Road at the Bear Creek Road/SR 17 interchange. According to this study, the Bear Creek Road/Old Santa Cruz/SR 17 interchange would have operated at an LOS (level of service) A,82 in summer and winter conditions, Saturday midday or weekday evenings, considering existing and cumulative traffic for the proposed Los Gatos Country Club. Traffic generated by the District's proposed project on weekends along Bear Creek Road would be less than the traffic anticipated from the proposed Los Gatos Country Club project and less than existing peak weekday traffic in the area." Sufficient reserve capacity exists to handle the traffic generated by the project.14 Furthermore, traffic would be disbursed throughout the day, and would not be peak hour traffic. The average hiker,based on the District experience with its other open space preserves,85 would stay an estimated four hours. Visitation occurs at any time of day, during a period beginning at sunrise and ending at sunset. The number of hikers would depend on weather conditions. The District would expect most of its visitors on the weekend, and traffic would therefore not add to commute traffic during the weekday. Although"Bear Creek Road is a substandard, narrow and winding rural road with directional traffic,"16 the increase in weekend traffic would not overload Bear Creek Road beyond capacity. Not all weekend traffic would park in one area, and would be disbursed. Vehicles would park near the Bear Creek Road/Old Santa Cruz Highway/SR 17 interchange, and vehicles would enter and exit the stable operation(2 per hour when the Preserve is opened to the public) and the Alma College parking lot(6 per hour when the Preserve is opened to the public). Some hikers may enter the project site from the Upper Property. Hikers and equestrians would have a less than significant impact on Bear Creek Road. See (d) below for mitigation measures related to traffic safety along Bear Creek Road. b) See response to (a) above. c) The proposed project is not within an airport land use plan area, nor is it near an airport.87 The proposed project would therefore not impact air traffic patterns. d) The proposed project would require primary access to the project from Bear Creek Road, a winding two-lane rural road with occasional blind curves and intermittently steep grades. Access to the park from SR 17 would require a left turn from Bear Creek Road, across a yellow line onto the project site, at either the main entrance or the stable entrance. Although eastbound traffic is visible for several hundred yards, this left turn could become hazardous depending on the amount and type (trucks, cars, motorcycles, etc.)of traffic. 81 Oaks,Anna, Santa Clara County Congestion Management Agency,telephone conference,May 27, 1999. 82 The County of Santa Clara goal is to maintain LOSD or better at intersections during peak hour operation. An LOS A is an average total average delay of 5 seconds or less. (See,Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,November 1997, Appendix H,p.4.) 83 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,July 1995,p. 117. 84 Ibid.,p. 118. 85 Woods,Del,Sr.Acquisition Planner,Midpeninsula Regional Open Space District,telephone conference,May 24, 1999. 86 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,November 1997,p.3.10-13. 87 Santa Clara County Airport Land Use Commission,op. cit. Bear Creek Redwoods Open Space Preserve Initial Study -46- ESA/990248 ENVIRONMENTAL CHECKLIST Vehicles transporting logs from the Big Creek Lumber Company timber harvesting operation on the Upper Property currently travel a section of Alma College Road on the project site that is north of the Alma College complex. Upon leaving Alma College Road,trucks access SR 17. The logging trucks and their current travel route are regulated by an approved Timber Harvest Plan.88 The following mitigation measure will reduce any traffic hazard resulting from public access to the project site from park users travelling west along Bear Creek Road to a less than significant level. Mitigation Measure TRAF.I: Before the project site is opened to the public, the District shall consult with Santa Clara County Roads and Airports Department and provide adequate traffic warning signs both on- and off-site to slow traffic near park entrances and parking areas,signs that restrict trail users from areas used by trucks,and regularly clear vegetation at least 260 feet from entrances to permit compliance with recommended sight distances. e) The proposed project contains extensive paths and roadways that extend throughout the site. However, many of these paths and roadways appear to be undocumented. Mitigation Measure FIRE.2 would require that the proposed project's paths and roadways be documented and maps distributed to local fire stations, which also respond to the first call for medical emergencies. Mitigation Measure FIRE.2 would assure the project provides adequate emergency access, and would reduce the impact of the project on emergency access to a less than significant level. f) The proposed project would result in adequate parking. Parking is available as follows: Estimated Parking Site No.of Parking Spaces Alma College Complex 40 Pull-outs Near the SR 17/13ear Creek Road Interchange 12 Stable 20-30* Total 72-82 *The stable maintains two parking areas that may support more than 30 cars. The project sponsor anticipates a level of service similar to its 2,800- acre Monte Bello Open Space Preserve. Table XV.1 summarizes anticipated parking needs for the proposed project: 88 Timber Harvest Plan far Timber Owned by Arlie Land& Cattle Company,Permit No. 198-25-FDL,June 10, 1998. Bear Creek Redwoods Open Space Preserve Initial Study -47- ESA/990248 ENVIRONMENTAL CHECKLIST TABLE XV.1 BEAR CREEK REDWOOD OPEN SPACE PRESERVE ADDITION SUMMARY OF ANTICIPATED PARKING NEEDS Park Development Stage Maximum Number of Vehicles* Closed to the Public Open to the Public Daily Weekday Staff Vehicles **10 3 Daily Weekday Visitor Vehicles 2 10 Daily Weekday Stable User Vehicles 10 13 (existing) Total Daily Weekday Vehicles 22 26 Daily Weekend Staff Vehicles 2 3 Daily Weekend Visitor Vehicles 2 72 Daily Weekend Stable User Vehicles 16 19 (existing) Total Daily Weekend Vehicles 20 94 *75%of visitors arrive two per vehicle. **Includes District representatives assisting with site analysis and surveillance. SOURCE: Midpeninsula Regional Open Space District. Most park users would average a four-hour89 stay at the proposed site, and the project sponsor would anticipate that users would arrive and depart throughout the day. The District anticipates that 72-82 parking spaces would easily accommodate 94 vehicles throughout a weekend day. g) The Santa Clara County General Plan provides a summary of adopted policies supporting alternative transportation." When opened to the public,the proposed project would allow access to the park by bicycle, with parking available in the existing Alma College parking lot. The Santa Clara Valley Transit Authority provides transit access on line No. 76, which provides service to areas along the SR 17 corridor,between the Town of Los Gatos and the Villa Del Monte area.91 Although access to the project area may be difficult by bicycle, the project would not conflict with adopted polices supporting alternative transportation. 89 Based on District experience in open space areas with extensive trails;Woods,Del,Sr.Acquisition Planner,Midpeninsula Regional Open Space District,telephone conversation,May 24, 1999,and facsimile,May 20, 1999. 90 Santa Clara County,Santa Clara County General Plan,December 20, 1994,pp.F-1 through F-32. 91 Santa Clara Valley Transit Authority,Route 76 Summit Road,hU://www.vta.org/SC 76.html,May 23, 1999. Bear Creek Redwoods Open Space Preserve Initial Study -48- ESA/990249 ENVIRONMENTAL CHECKLIST Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XVI. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects'? ❑ FJ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ E] ❑ d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ F] e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ❑ N f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ❑ N g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ ❑ X Discussion: a) The proposed project site currently generates wastewater for both an existing caretaker residence and an existing stable operation. There would be no new sources of wastewater beyond the existing buildings under the proposed project. The project site,however, has no connection to a public sanitary sewer system;92 the nearest public sanitary sewer system is located at the south end of the Town of Los Gatos. At the present time, the caretaker residence and the stable operation use individual septic systems. "These systems "appear to be functioning normally."93 92 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,July 1995,p. 147. 93 Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report,November 1997,p.3.15-1. Bear Creek Redwoods Open Space Preserve Initial Study -49- ESA/990248 ENVIRONMENTAL CHECKLIST Tlie former Alma College complex was served by a sewage treatment plant dating from around 1938. This system was used most recently by the West Heights school before it closed in 1994. This system could no longer be used. If the Alma College buildings were ever opened to the public,the buildings would require new septic systems or sewage connection that would be required to conform with: (1)the County Sewage Disposal Ordinance that requires conformance with California Regional Water Quality Control Board standards; (2) Chapter II, Article 3 of the County Ordinance Code which regulates sewage disposal in the Lexington Basin; (3) County Zoning Ordinance Section 47-(d) which requires that waste and sanitation facilities not adversely affect water quality; and (4)General Plan policy R-HS 44, which regulates the implementation of alternative or specially engineered waste water systems. In addition,the General Plan policies R- HS-41 through R-HS-43 specifically regulates septic systems. Thus, any future uses of the Alma College buildings would require new septic systems that meet these current environmental standards. b) The proposed project currently uses part of the original Alma College water system, classified as a public water system by the State Department of Health Services.9¢ In the past,the Alma College water system used springs, well water, and water from storage tanks. The system sustained damage to piping and storage tanks as a result of the 1989 Loma Prieta Earthquake. Portions of the system are, however, still in operation. The existing caretaker residence relies on spring water that originates from Webb Creek and is stored off-site in a 500,000 gallon storage tank, while the stable operation relies on spring water that originates from Aldercroft Creek. The proposed project would continue to have riparian water rights to water from Webb and Aldercroft Creeks. The site also contains a San Jose Water Company storage tank that holds 500,000 gallons of water. Although the project site is no longer serviced by a connection to San Jose Water Company, service can be reconnected without a major environmental impact. (See Mitigation Measure FIRE.1.) If the Alma College buildings were ever opened to the public,the connection to San Jose Water Company, and the existing water system would be sufficient for these buildings, which would not require large scale uses of water. Wastewater treatment is currently only required for the stable operation and the caretaker residence, and the existing septic systems are adequate. See response to(a) above for a discussion of whether an expansion of service could be required in the future and how it would affect the environment. Any improvements required for wastewater treatment would not cause a significant environmental impact. c) The proposed project has had no prior drainage problems that would impact roads, or structures. In addition,the proposed project is located in a watershed area with natural drainage along deeply incised creeks. Mitigation Measure HYDRO.1 reduces the impact of runoff from trails and roads. Runoff from existing trails and roads would not require a new storm water drainage facility. The project site would not require a new storm water drainage facility. d) The proposed project would not require additional water entitlements. e) The proposed project would not require a wastewater treatment provider,because wastewater would be treated by septic systems. See response to (a) above. f) Lexington Hill Disposal, located at 20915 Old Santa Cruz Highway, Los Gatos,provides garbage collection services for the project site. Garbage is transported to the Guadeloupe Landfill, 1599 94 Ling,Catherine,P.E.,District Engineer,Monterey District,California Department of Health Services,letter to Pete Denevi, January 7, 1994. Sear Creek Redwoods Open Space Preserve Initial Study -50- ESA/990248 ENVIRONMENTAL CHECKLIST Guadalupe Mines, Los Gatos, which is now owned by Waste Management. Solid waste is currently generated by the caretaker residence and the stable operation, and would eventually include solid waste from trail users. The District anticipates a maximum of 470 visitors each week to the preserve after it is opened to the public. Trail users would be expected to severely limit solid waste disposal and to dispose of solid waste in clearly marked containers. Therefore the project would be expected to generate only an incremental increase in solid waste in the area. Recycling services are not currently available at the project site. g) Solid waste collection in Santa Clara County is required to meet all federal, state, and local statutes and regulations. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulative considerable? ("Cumulative considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? ❑ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ El ❑ Discussion: a) See Section IV, Biological Resources. b) The purchase agreement for the Upper Property includes District trail easements across the Lower Property. The categorical exemption for the Upper Property included consideration of the future public use of these trail easements. (See Attachment A for a copy of the Notice of Exemption.) The potential cumulative effects of conjunctive use of both the upper and lower properties for future public trail use was thus considered by the District in approving the categorical exemption Bear Creek Redwoods Open Space Preserve Initial Study -51- ESA/990248 ENVIRONMENTAL CHECKLIST for the Upper Property. The approved categorical exemption for the upper Property is hereby incorporated by reference into this Initial Study. No substantial evidence is available to suggest that the proposed project would contribute considerably to any cumulative adverse effect or condition that would result from the conjunctive use of the upper and lower properties,or from the project together with other past,present or probable future projects. The Big Creek Lumber Company currently has timber harvesting rights to the Upper Property. Timber harvesting is underway under its approved Timber Harvest Plan. Timber harvesting near watercourses can cause dirt and debris to fall into the stream. Timber harvesting near trails can add to air pollution,increase noise levels and reduce ground cover so that storm water runoff increases. Logging trucks crossing the project site could conflict with trail use and cause additional traffic along Big Creek Road. According to the Timber Harvest Plan, "Caltrans has reviewed the encroachments to Bear Creek Road and SR 17 proposed for use and no additional measures are required by them at this time. Caltrans suggested the landowner pay for the erection of temporary signs on SR 17 that would advise oncoming traffic of slow trucks entering the highway. These signs will be installed by Caltrans prior to the commencement of hauling operations."95 Big Creek Lumber Company is required to complete an annual Timber Harvest Plan that would be commented on by the District. In addition, the District's trail maintenance program, and the prohibition of hiking and riding activities near truck routes would reduce damage to trails from storm water runoff, and reduce conflict between truck use and trail use. No residential subdivisions are pending or approved in the project vicinity. However, it is likely that a few individual residences may be constructed on available parcels near the project site over time. Although it is not known when or where these homes may be constructed,because of strict codes regulating construction in Hillside areas, and the ordinances regulating residential construction in the Los Gatos Watershed/Lexington Basin area,these residences would have no significant cumulative impact on the proposed project. c) See Sections III,Air Quality; VI., Geology and Soils; VII,Hazards and Hazardous Materials; VIII, Hydrology and Water Quality; XI,Noise; XIII,Public Services',XV, TransportationlTraffic; and XVI, Public Utilities and Services. 95 Big Creek Lumber Company,Timber Harvest Plan,p.51. Bear Creek Redwoods Open Space Preserve Initial Study -52- GSAI990248 ENVIRONMENTAL CHECKLIST REFERENCES Bay Area Air Quality Management,BAAQMD CEQA Guidelines, Assessing the Air Quality Impacts of Projects and Plans, April 1996. California Environmental Resources Evaluation System(CERES), California Information Catalog, 1-itt,V:Hceres.ca.gov/catalog, May 20, 1999. California Environmental Evaluation System (CERES), CEQA Guidelines, littp:Hceres.ca.2ov/topic--/env law/ceq.a/guidelines/artl7.html,May 25, 1999. Castellanos, Larry, Right of Way Consultant, Associated Right of Way Service, Inc.,letter to Arlie Land &Cattle Company, September 10, 1998. Department of Conservation, State of California,Alquist-Priolo Earthquake Fault Zoning Act, httlp://www.consrv.ca.gov/dm2/r2hnVa-p/ap-intro.htm, May 24, 1999. Department of Forestry and Fire Protection, State of California,htip://www.fire.ca.g May 20, 1999. Department of Transportation, State of California, California Scenic Highway Program, h!W://www.dot,ca.gov.W-iLandArch/scenic/schwyl.btml,May 17, 1999. Drinkard, Nancy, Department of Forestry and Fire Protection, State of California,telephone conference, May 25, 1999. Hokanson,Wayne, Deputy Fire Marshall, Santa Clara County Fire Marshall's Office,telephone conference, May 18, 1999. Hunter, Brian, Department of Fish and Game, Region IV(Yountville), telephone conference, May 25, 1999. JCP Geologists, Inc.,Natural Hazard Disclosure Statement [included in letter,dated February 11, 1999, to Midpeninsula Regional Open Space District from Scott D. Rogers,Attorney at Law,Landels, Ripley& Diamond], 1998. Kearns, Jeff, Los Gatos Weekly Times,httl2://san.josemetro.comlpQers/los.gatos weekly times/12e.17.99/arlie-991 I.html,March 17, 1999. Kirby, Joe, Administrative Sergeant, Santa County Sheriff s office,telephone conference, May 20, 1999. Ling, Catherine,P.E., District Engineer, Monterey District,California Department of Health Services, letter to Pete Denevi, January 7, 1994. Midpeninsula Regional Open Space District, Open Space Use and Management Planning Process, March 31, 1991. Bear Creek Redwoods Open Space Preserve Initial Study -53- ESA/990248 ENVIRONMENTAL CHECKLIST Midpeninsula Regional Open Space District,Policies Regarding Improvements on District Lands, amended October 10, 1984. Museum of Paleontology,httn://www.ucmp.berkeley,edu/collections/invert.html,May 22, 1999. National Oceanic and Atmospheric Administration(NOAA, Western US Precipitation Frequency Maps, 1973. Provided by the Office of Hydrology, National Weather Service(NOAA Atlas 2, Volume XI),http://www.wrcc.dri,edulpcl2nfreq,.html. Nordmo, K.P., Certified Geotechnical Engineer, Nordmo Associates,letter to Peter Denevi, November 30, 1996. Oaks, Anna, Santa Clara County Congestion Management Agency,telephone conference, May 27, 1999. Preservation 2020 Task Force, Santa Clara County, Open Space Preservation: A Program for Santa Clara County, April 1987. Santa Clara County,About Emergency Services, bLtp:Hclaraweb,co.santa-clara.ca.us/oes/about.ht May 23, 1999. Santa Clara County, General Plan Draft Environmental Impact Report, "Generalized Land Use Plan," August 1, 1994. Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report, July 1995. Santa Clara County,Los Gatos Country Club Draft Environmental Impact Report, November 1997. Santa Clara County, Santa Clara County General Plan, December 20, 1994. Santa Clara County, Santa Clara County Sheriff's Office Facts,http://claraweb.co.santa- clara.ca.us/sherift`/facts.htm,May 17, 1999. Santa Clara County, Santa Clara County Zoning Ordinance,htw://www.sccplanring_or2/zontable,htm, May 26, 1999. Santa Clara County, Office of Building Inspection,Notice and Order to Vacate, [issued to Hong Kong Metro Realty Co., Inc. and West Heights Christian School],March 30, 1994. Santa Clara County Airport Land Use Commission,Land Use Plan for Areas Surrounding Airports in Santa Clara County, "Maps,"September, 1992. Santa Clara County Planning Office, Williamson Act,ho://www.sccl2lanning.orglenvwill.htm,May 20, 1999. Santa Clara Valley Transit Authority,Route 76 Summit Road,http://www.vta.ora/,May 23, 1999. Bear Creek Redwoods Open Space Preserve Initial Study -54- ESA/9902,48 ENVIRONMENTAL CHECKLIST SRI Design,Los Gatos Property Land Planning Study, September 1990,p. 23. Timber Harvest Plan for Timber Owned by Arlie Land& Cattle Company,Permit No. 198-25-FDL, June 10, 1998. Urban Materials, h!W://www.serv.net/~otg/"`constmat.html,May 25, 1999. United States Geological Services,Mineral Land Classification Map, Los Gatos Quadrangle, Special Report 146,Plate 2.48. Weeks, Kay D. and Anne E. Grimmer, The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines,for Preserving, Rehabilitating, Restoring &Reconstructing Historic Buildings, 1995. Wolfenden, John,San Francisco Bay Region Regional Water Control Board,telephone conference, June 2, 1999. Woods, Del, Sr. Acquisition Planner, Midpenjnsula Regional Open Space District, telephone conferences, May 18, 1999, May 24, 1999, May 26, 1999; and facsimile, May 20, 1999. Bear Creek Redwoods Open Space Preserve Initial Study -55- ESA/990248 ENVIRONMENTAL CHECKLIST ATTACHMENTS ATTACHMENT A Midpeninsula Regional Open Space District Notice of Exemption, filed March 15, 1999 ATTACHMENT B Regulation 11, Hazardous Pollutants: Rule 2, Demolition, Renovation and Manufacturing ATTACHMENT C Historical Evaluation ATTACHMENT D California Department of Toxic Substance Control Fact Sheet: Asbestos Handling and Disposal Bear Creek Redwoods Open Space Preserve Initial Study -56- ESA/990248 i ATTACHMENT A NOTICE OF EXCUM 'TION ^STED ON-THROUGH. 1 199g_ - .A THE OFFICE OF THE COUNTY CLERK STEi'NEN V. LOVE,? TY CLERK E 0 0 7 8 9 4 -t . 8Y ��. DEPUTY Notice of Exemption Page 1 T8 _b &uij Clerk From: Midpeninsula Regional Open Space District County of Santa Clara 330 Distel Circle, Los Altos, CA 94022 - Project Title: Approval of Agreement for Option and Purchase of Real Property of Lands of Arlie Land and Cattle Company; Adoption of Preliminary Use and Management Plan for Bear Creek Redwoods Open Space Preserve Project Location: Bear Creek Road, West of State Highway 17 (see attached map) Project Location: Unincorporated Santa Clara County County: Santa Clara Description of Project: The project consists of a nine-year lease of an 811-acre Upper Property, acquiring a gift of residual-timber rights beyond those currently held under private ownership by Big Creek Lumber Company, acquiring a license to use existing off-site roads on the Lower Property to access the Upper Property, creation of Bear Creek Redwoods Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for preservation of the property in its natural condition. Additionally, the project includes obtaining an option to acquire fee title to the leasehold property, the potential acquisition of an undeveloped portion of an adjacent 50-acre Lower Parcel B and potential conservation easements over undeveloped portions of the Lower Property, acquiring public access and patrol easements over the Lower Property, an option to acquire the timber rights over the property held by Big Creek Lumber Company, and granting an option to the seller to reacquire the Mellot's Parcel located on McIlot's Road. It is uncertain the District will be able to exercise any of the options, other than the option to acquire the 811-acre Upper Property, largely due to the need to obtain the necessary funding. Since there is no determination at this time whether or not to exercise these options, further public review and Board action will be required if they are to be exercised. Exercising the timber rights option is largely dependent on securing funding. The 811-acre property to be leased by the District will be closed to general public use and maintained in its natural condition. The Preliminary Use and Management Plan calls for securing the site and eliminating off-road vehicle use and tree cutting activities. If the 811-acre leasehold property is acquired, it will be permanently preserved as open space, open to the public, and maintained in a natural condition. Timber harvesting that may occur if Big Creek's timber option rights are not acquired by the District is regulated and approved by the State of California and not part of this project or under the control of the District. The gifted residual timber rights and optioned timber rights, if acquired by the District, would not be harvested, would be conserved, and would remain in a natural condition. The project does not include acquisition of the Lower Property as the District has made no determination whether or not to acquire the Lower Property. It is unknown whether such an acquisition is possible since this depends largely on finding outside funding sources. Any such determination would be preceded by further environmental review required by law and further public and Board review. The Project is described in further detail on the attached staff report. Name of Public Agency Approving Project: Midpeninsula Regional Open Space District Notice of Exemption page 2 Name of Person or Agency Carrying Out Project: Same Exempt Status (list): Categorical Exemption: 15301 (Minor Alterations to Existing Facilities) Categorical Exemption: 15304 (Minor Alterations to Land) Categorical Exemption: 15316 (Transfer of Ownership of Land in Order to Create Parks) Categorical Exemption: 15317 (Open Space Contracts or Easements) Categorical Exemption: 15325 (Transfers of Ownership of Interest in Land to Preserve Open Space) Categorical Exemption: 15303 (New Construction or Conversion of Small Structures) Categorical Exemption: 15061 (No Effects to Environment) Reasons why project is exempt: Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing. Under the terms of the lease and license, the 811-acre property will be generally closed,to the public and maintained in its natural condition. Existing water systems, drainage facilities and roads, including licensed roads, will be maintained in their current condition. Additionally, if the property is acquired in fee it may be opened for public use on existing trails, disturbed areas may be restored to improve wildlife habitat, and remnants of minor accessory structures will be removed. To accomplish this, existing trails will be maintained, any old vineyard sites will be allowed to continue to revegetate, and remnants of minor structures which are considered in a state of disrepair will be removed. Opening trails to public use will involve negligible expansion of use since the trails are currently existing and used by neighboring equestrians and hikers. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature scenic trees except for forestry and agricultural purposes. Improvements planned for the leasehold or fee area are limited to gates, fences and signs that are designed to restrict off-road vehicle use and protect the property in a natural condition. If the property is acquired, the seller's easement allows for the potential installation of utilities and drainage facilities under the condition that these improvements do not exceed the limits of minor alterations as defined in this section. Any utilities will be underground and consist of minor trenching and backfilling. Remnants of minor structures will be removed, which will involve no, or very minor, alterations to land and/or vegetation. These minor renovations will not occur in a sensitive habitat and will not impact an environmental resource of hazardous or critical concern. There are no unusual circumstances applicable to these alterations which could cause the activity to have a significant effect on the environment. 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. Although the property is not being acquired at this time, the lease agreement temporarily acquires possession of the land and the property may be acquired in fee title in the future. The use and management plan specifies the leased land will not be developed and will remain in a natural condition. If the Upper Property option is exercised, the result will be the same: the land will not be developed and will be maintained in its natural condition. Notice of Exemption Page 3 Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. If the option is exercised, the District will accept fee interest in the property and maintain the open space character of the area. No development would occur and old vineyard sites will be allowed to continue to revegetate. The gifted regional timber rights and any timber option rights acquired under the terms of the option will be preserved in a natural condition under the District's ownership. Any undeveloped portion of the 50-acre Lower Property Parcel B that may potentially be transferred to the District will also be preserved in natural condition. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This lease agreement will temporarily acquire ownership of the property and ensure it will be preserved as public open space. Any undeveloped portion of the 50-acre Lower Property Parcel B that may be transferred to the District will also be preserved in natural condition. If any of the options are exercised to acquire the Upper or Lower Properties or timber rights, the transfer of ownership to the District will ensure permanent preservation of open space. Section 15303 exempts the construction of single-family residences and accessory structures. It is unknown whether the seller will exercise its option to acquire the Mellot's parcel and develop it with a single family residence. In the event this were to occur, this action would be exempt because a maximum of one single-family residence would be allowed by the current Santa Clara County Zoning Ordinance. Accessory structures as defined by the code, such as recreational improvements and/or accessory living quarters, could also be allowed. The property does not contain a sensitive habitat and development of a single family residence will not impact a resource of hazardous or critical concern. There are no unusual circumstances applicable to the subsequent development of this property for a residential dwelling, thus there is no reasonable possibility this would have a significant effect on the environment due to unusual circumstances. This acquisition qualifies under all six of these sections. Lead Agency Contact Person: L. Craig Britton, General Manager Midpeninsula Regional Open Space District Telephone: (650) 691-1200 Attachments: 1. Board report, g of March 10, 1999 2. Map of proj t area Signature: Date: L. Britton, General Manager Midpeninsula Regional Open Space District ST.IOSEI'N'S fllll OPEN SPACE 1'KESEKVI l •��1 �� l\jJcll� �� \'1'� ll' '�- � Zip \�•t 1, •i � �;��=-/wr� \ r ' r .� '� �: ^1 / \. � �\`�= \.Sanborn 'j200�, '• , l', � �, •.`' •� * � __ `�:• � - .� Park600- :' �. / 14b0 ��Jt 1 MROSD i ..;� 1\I �J�l .\ �� '' • o � *cam `•: I _ ,' r•; ,• 1 C.,�-� �-'� � � '- - - (Sarita2lara�Co)`�_'.: ,- � . >'•n•--:r-J� - ' ��,-�. � O � �`'�� • `'�' � •800 � � " Lcxin'tun Rese rvoir •, f .�� - \ ` `�/� ,�-1. ��; _�... `�-��::. �•� s� �i I' �. 1. Counly f ark r (Jkieserve i n c Sidi• Al �. �\ 1 ` 11 � ��;1 `�- LOWER PARCEL A 1 r120Q�1\ , jJ • ti i �' CC`i y 'J'j�\ r - �� 2aoo UPPER PAR : _� .�'-�" �• , , , ` CEL 0 f s . r 16 0 f i'�-;�-t'` _._.�•`!� .• �1 i ,•'i � it � ��i / �� ,; 4 � ;�!' _ � �s�\t, 1\v. `,�Y.°?:�; 4\;/y `� �•' r' - '\'� ill f r / �_ .... I•`, � .�• rs� / � 7 r!' is f '�.`�iy._(' 1�., � ��` c;i `/ '•`� ! _� .rl '•";�f� 1 �'�' � �. � 11 .V� f�. •l' ..i �:i BSI _\ � 1 �`__ _ ji �� 1 .rsf � � j(r � •t•.) ) ..r, � . + C• ' j� �.� � !i sir �.Z_. 0' �� f� j7 1 .(•'' ' • O ' •� .�1: j�Jli N �, r^N:r� 1 `� .1-J �� ' 1 �' Vy .. / ��.:�� Sjerra 1' Oi { Aiu pace Preserve ' ��• l ' LOWER PARCEL Q �'� � I J �,� i-.++11 a`.1� !J •1/�� 1 �1..�\`�� ,� ( •', � � + ;I l ill ;`,J r.!" �..- �;. .•. \�'1 17 ,,,�, � � �. •err o MELLOT PARCEL �� ,\Z»>, � �,.� 1)� _ `,'-" �•� � ��a .lJ �� ? 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile ` `-• l Regional ei. pace g P 1 �.T `�1_ R-99-07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-07 March 10, 1999 AGENDA ITEM 5 AGENDA ITEM Approval of Agreement for Option and Purchase of Real Property of Lands of the Arlie Land and Cattle Company, Lease and License of Certain Arlie Property, Approval of Timber Rights Options, Determination of Categorical Exemption from California Environmental Quality Act, and Adoption of Preliminary Use and Management Plan an affiing,Property Bear Creek Redwoods Open Space Preserve GENERAL MANAGER'S RE OMMENDATIO 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution approving and authorizing execution of the attached Agreement for Option for Purchase of Real Property for the Lands of Arlie Land and Cattle Company, including the Lease and License, and the Timber Rights Options. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property the Bear Creek Redwoods Open Space Preserve. 4. Authorize the General Manager to make an additional payment for legal services in the amount of$35,000 to the law firm of Miller, Starr, and Regalia. INTRODUCTION The District has been offered the opportunity to lease and purchase an option to acquire the 811- acre Arlie Land and Cattle Company property located along upper Bear Creek Road on the west side of the Lexington Reservoir between State Highway 17 and Summit Road. For reference;this ! V property will be called "the Upper Property" in this report. In addition, the District is ob,taming an option to acquire the seller's adjacent 260-acre property located along lower Bear Creek Road. This will be referred to as "the Lower Property." The properties were previously owned-by Hong Kong Metro Realty Company and have been the subject of planned residential and golf course development in the past. Both properties have been identified in Santa Clara County's , Preservation 2020 Report and the District's Regional Open Space Study as having extremely high l A r V open space values. They are most important in terms of preserving valuable watershed, seems lands, wildlife habitat, recreational opportunities, and one of the largest and finest second growth redwood forests remaining in Santa Clara County. The proposed Agreement includes a number of transaction terms. The terms are described in more detail later in this staff report. Briefly summarized, the principle terms are: 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 Beard nt Directors:Pete Siemens,,Vary C. Davey,led Cvr, Deane Little, Nonette Hanko, Betsv Crowder, Kenneth C.Nitz . General Manager:L.Craig Britton R-99-07 Page 2 1. The District will immediately obtain an approximate nine-year lease, and purchase an option to acquire the approximate 811-acre "Upper Property." The option is subject to certain conditions precedent to the District's authority to exercise its right to purchase the Upper Property. 2. The District is obtaining an option to purchase existing timber rights owned by Big Creek Lumber Company over the Upper Property being leased. The District will also receive a donation of the residual timber rights not already owned by Big Creek Lumber. 3. The District will acquire a license for patrol, maintenance and emergency access across existing roads on the 260-acre Lower Property during the lease term. 4. The District will also have an option to purchase the Lower Property together with the Upper Property. 5. A patrol easement and a public access easement for trails will be available to the District over the Lower Property to allow for access to the southern portion of the Upper Property if the District acquires the Upper Property, but does not acquire the Lower Property. 6. An area of open space of up to 50 acres on the Lower Property may be transferred to the District in fee or by a conservation easement if the District's option is not exercised to buy the Lower Property. 7. If the District determines not to acquire the Lower Property, the Seller may determine to proceed with a private development there. The Seller has the existing right to reconfigure or reallocate existing lots located upon the Upper Property to the Lower Property. In that event, the District would receive compensation for such reallocation if it acquired the Upper Property to compensate for its impact on the economic value of the Upper Property. 8. The District may also elect to exercise a number of alternatives to preserve all or portions of the Upper Property if the District is not able to exercise its option to purchase the Upper Property at the outset. This acquisition project is the result of negotiations with Arlie Land and Cattle Company whereby their intent has been to develop a portion of their 1,100-acre holdings while preserving the vast majority of the property as open space. The District will acquire a lease and purchase an option to acquire the 811-acre Upper Property for purposes of preserving open space. Coupled with the lease, the District will acquire a license for patrol, maintenance and emergency purposes across the 3-x 260-acre Lower Property. The seller may determine that it wishes to seek a permit to develop a maximum 18-hole golf course and/or up to 50 residential units on the Lower Property located4 est of and adjacent to State Highway 17. Any development proposed by Arlie Land and Cattle"'` Company on the Lower Property is entirely controlled by the County and Arlie; the District has no authority to approve or disapprove such development, nor issue permits for it. This is also trice for any existing timber rights held by Big Creek Lumber Company. Timber harvesting on the Arlie Property would be regulated by the State of California. The District cannot issue any approval therefore. Prior to the current negotiations, a number of attempts to acquire the property for open space have been undertaken. Since the late 1970's the State of California, the District, Santa Clara County Parks and Recreation, Save-the-Redwoods League, Nature Conservancy, Peninsula Open Space Trust and others have diligently sought ways to protect this valuable open space. In the early 1980's, the State of California Parks and Recreation Department, at the urging of local and regional interest groups, evaluated the property and determined it to have favorable open space R-99-07 Page 3 resources for local public recreational use and, therefore, potentially eligible for state-administered grants. However, this report indicated that the property was not suitable for a State park under current criteria, but would be ideal for a regional park or open space preserve. DESCRIPTION (see Exhibit Al The following is a general description of the property, including the 811-acre Upper Property (consisting of the Upper Parcel and the Mellot's Parcel) being leased and optioned by the District and the 260-acre Lower Property (consisting of Lower Parcel A and Lower Parcel B) to be retained by the seller, but under option by the District. The description of the property being leased by the District is divided into the 805-acre Upper Parcel to be permanently preserved as open space if purchased by the District, and the 6-acre Mellot's Parcel which could be potentially released back to Arlie Land and Cattle Company under certain conditions. These properties are undeveloped, and in a natural condition, although there are a few overgrown remnants of minor dilapidated accessory facilities that once served the Lower Property. The properties consist of moderate to steeply sloped hillsides with occasional flat terraces and ridgetops. The landscape is shaped by the San Andreas Fault which traverses the property and has resulted in a number of dramatic pressure ridges. The area is largely forested with second growth redwood, Douglas Fir, madrone, bay, and oak. Redwoods are the predominant vegetative type on the Upper Property and were logged in the late 1800's. Interspersed within the forest is approximately 180 acres of cleared land that was once planted in vineyards, but, due to lack of continued cultivation, is overgrown and rapidly being overtaken by invasive plants. In addition, areas on the Lower Property have been cleared for development of the former Alma College facility and an equestrian boarding stable. The Lower Property is primarily oak woodland with expansive areas of open grassland. Wildlife is abundant and extremely diverse due to the variety of habitats and year-round water on both properties. The properties have a rich history dating back to the middle 1800's when a stage coach line ran through the Town of Lexington where Lexington Reservoir is now located. The Lower Property was used as an estate in the late 1800's and later sold to the Jesuits in early 1900. They proceeded to develop Alma College on the Lower Property as a school of theology for the Roman Catholic Society of Jesus in 1934. In 1989, the Jesuits sold the property to Hong Kong Metro Realty Company, Inc. and later that year, the college facilities on the Lower Property were seriously damaged by an earthquake and have since remained in a state of disrepair. Upper Property -West of Bear Creek Road On the west side of Bear Creek Road a series of old roads form an interconnecting network of trails that pass through redwood forests and along steep canyons with swift moving creeks. On Bear Creek Road directly west of the former college site, there is a gated road that enters the property near a small pond and parallels Webb Creek for approximately one-half mile, at which point it branches in two directions, with one road continuing southwest along the creek, and the other turning sharply north and climbing up the hill toward the northwest corner of the!property. The northern route enters an area that in the past was developed with recreational facilities for the college students including tennis and racquetball courts and possibly a swimming pool. These facilities are abandoned and overgrown with dense vegetation, but some remnants of ancillary structures can be found. A large uncovered cistern approximately 80-feet wide and 14-feet deep is located in this vicinity and needs to be secured. It may have served as the main water supply.for R-99-07 Page 4 the college facility prior to the development of a newer water system located on the Lower Property. It was most likely damaged by the 1989 earthquake. The road by the tennis courts continues in the northerly direction to a sharp bend where there is a gated entrance at Chase Road. Before the gate, the road switches back to the west and winds steeply up the hill to a very prominent ridge that offers panoramic views of Lexington basin. Two water storage tanks that apparently served the recreational area below are located adjacent to this section of road. The ridgetop is the site of an old vineyard that is overgrown with invasive plants. At the west end of the vineyard, the road divides with one branch descending south toward Webb Creek and the other continuing on toward the northwest corner of the property where it enters the Dyer Creek watershed. The Dyer Creek watershed is characterized by exceptionally large second growth redwoods and dense riparian habitat. This area is within an approved Timber Harvest Plan for timber rights held by Big Creek Lumber Company, to which the District will also be acquiring an option. The road traverses the upper watershed passing interesting fragments of old stone walls and ending at a path that connects to a residential area. This path serves as a neighborhood access point and there is strong evidence of motorcycle tracks. The entry should be barricaded and patrolled on a regular basis to eliminate the motorcycle encroachment. The second road leading from the ridgetop to Webb Creek passes by two old growth redwoods located adjacent to the road. One tree has an unusual lower limb that branches out at a ninety- degree angle and then bends sharply upwards. The road continues approximately one-half mile to another old vineyard site that is overgrown with flowering sweet peas. At Webb Creek, the road divides once again with one branch returning along the creek to the point of origin at Bear Creek Road. The other branch of the road crosses the creek and connects more directly with Bear Creek Road approximately one mile above the college facilities. From the Dyer Creek area there is a road connecting to the southwest corner of the property that originates above the creek and extends southward to a plateau at the 1,800 foot elevation. Here, the road divides with one branch skirting the west side of the plateau and terminating near the west property boundary and at the site of an old redwood water tank. The other branch of the road skirts the east side of the plateau to the south and then traverses the hillside around the headwaters of Webb Creek, turning to the east and descending down a series of switchbacks through a clearing to Bear Creek Road. A section of the road has been washed out. The area is very attractive with mixed redwood, fir and madrone, including an extremely large Douglas Fir. There is an intersecting road near the top of the switchbacks that extends to the property's'southern boundary and ends at a gated entrance on Mellot's Road. This unsurfaced road passes through the southwest corner of the property, serving as an easement to adjacent private properties. The ret is some recent grading activity on the south side of the road. The 6-acre Mellot's property is located immediately east of the gated entrance to the property. Other remnants of improvements to the property include water impoundments and lines that served the subject property as well as adjacent properties. These have been abandoned over the years as land uses on the property have changed and alternative water sources found. Water lines most likely served to irrigate the vineyards located on both sides of Bear Creek Road. Upper Property - East of Bear Creek Road The portion of the Upper Property on the east side of Bear Creek Road is bounded by Bear Creek Road to the northwest, private property to the west, south and east, and remaining lands of Arlie R-99-07 Page 5 Land and Cattle Company to the northeast. The property comprises two prominent ridges that, at one time, had large cultivated vineyards that are now overgrown but highly visible from the surrounding area including trails at St. Joseph's Hill and Sierra Azul Open Space Preserves. Like the west side of Bear Creek Road, this area has a network of roads, but they are not as interconnected and, therefore, do not have the same recreational value. The primary access into the area is from Bear Creek Road adjacent to the Presentation Center, an active conference center operated by the Sisters of Presentation. At the entrance to the Center, there is an ungated and unsurfaced driveway entering the Upper Property and extending north, adjacent to Bear Creek Road. A second unsurfaced driveway branches off to the east and enters an overflow unsurfaced parking area that may be partially on the proposed acquisition area but utilized by the Center. Immediately north of the parking area is the largest of the vineyard sites covering approximately 70 acres. Many of the vines remain but most have decayed and the vineyard is overgrown with invasive plants such as bacharis and scotch broom. Various roads skirt the vineyard and one main road descends to the northern perimeter of the vineyard where it enters the mixed evergreen forest and continues steeply downhill to the northeast property boundary. Beyond the boundary and within the Lower Property there is an intersection where a road swings to the south and returns to the vineyard, and another road drops steeply down the hill to the north and intersects a road along the south side of Webb Creek and the main road that extends west to Bear Creek Road. At the Bear Creek Road entrance there is no gate, and illegal vehicular entry has resulted in some damage to the roads and in some areas being heavily littered. Access to the second ridge located between Collins Creek and Aldercroft Creek is very difficult and can only be achieved by passing through the Lower Property on a road paralleling the south side of Webb Creek to the intersection with Collins Creek. Here, a road climbs southward along Collins Creek to a point where the road crosses the creek and enters the Upper Property. The road then crosses over the ridge to Aldercroft Creek and continues to climb southward before switching back to the north and climbing up to the ridgetop and vineyard site where an agricultural shed is located. Near the switchback a spur road drops down to Aldercroft Creek where there is a water impoundment and lines connecting to the Lower Property. On the ridgetop it appears the main road once crossed back over to Collins Creek, but only traces of the old roadbed can be found today. Like the other vineyard sites, this one is overgrown with invasive vegetation. A road extends to the southern edge of the vineyard and enters a redwood grove where there is a brick fireplace and evidence oftree cutting. Atone time, this road may have continued up the hill through adjacent private property to Summit Road. In the vicinity of Summit Road, there is an easement accessing the extreme southern portion of the Upper Property, but it has not been developed. In order to patrol and maintain the southern portion of the Upper Property, a license or easement is required over roads on the Lower Property. The license or easement will follow the road on the south side of Webb Creek and allow District staff to enter the Lower Property at the Bear Creek Road entrance to the college facility, drive around the west side of the pond, and accesslh " ' property on the road ascending Collins Creek. Portions of two separate water systems are located on the Upper Property. One system, which was developed in 1993, includes underground lines connecting from the Lower Property to the Presentation Center, passing through the 70-acre vineyard site on the Upper Property. A pump station is located at the base of the steep road near Webb Creek and an underground water line' R-99-07 Page 6 extends up a very steep road to the upper vineyard. The second water system originates in Aldercroft Creek and serves some facilities on the Lower Property and residences located on the east side of State Highway 17. Access to parties maintaining this system will need to be accommodated. Mellot's Parcel This 6-acre property is located on Mellot's Road on the west side of Bear Creek Road and adjacent to the southern boundary of the Upper Property. It is generally bounded by Bear Creek Road to the east, Mellot's Road to the southwest and the Upper Property to the north. The terrain is steep near Bear Creek Road, but levels off near the northwest corner of the site where there is a gated entrance on Mellot's Road. The landscape is predominantly evergreen forest comprising Douglas fir and madrone. Lower Property The Lower Property consists of approximately 260 acres and is bounded by State Highway 17 to the east, Bear Creek Road and private property to the north, the Upper Property being leased and optioned by the District to the west and south, and private property to the southeast. The property is irregular-shaped with four prominent ridges oriented in the east-west direction and crisscrossed by three major creeks: Webb Creek, Collins Creek and Briggs Creek (formerly Reservoir Creek). The landscape is predominantly mixed evergreen forest in the ravines and oak woodland on the ridges with large pockets of open grassland. The southern portion of the property between Webb Creek and the southern boundary is densely forested and contains redwoods and Douglas firs. There are a number of existing structures and improvements on the property including the Alma College buildings, equestrian facility, residences, water tanks, wastewater disposal system, and road network. Alma College, located close to Bear Creek Road, consists of a two-story library, chapel, classroom building, residence, and maintenance facility. The group of buildings are located on approximately four acres. At the Bear Creek Road entrance to the complex, there is a one-acre pond. All of the buildings suffered from the 1989 earthquake and large concrete retaining walls collapsed down the north slope of Webb Creek. The equestrian facility is located on a spine-like ridge between two tributaries of Briggs Creek and comprises two residences, office, trailer, horse barn, covered shed corrals, shelters and riding ring. There are approximately 45 horses boarded at the stable and most of the equestrians utilize the trail system on both the Lower and Upper Properties. Water for the facility comes from Aldercroft Creek and is stored in a small tank above the stable. Other residences include a partially dismantled residence and cabin to the north of the stable on the opposite side of an intervening ravine. There is a 500,000 gallon water tank located in the southeastern corner of the property and is filled from water obtained from San Jose Water Company. This water serves the college facilities and the Presentation Center. USE AND MANAGEMENT PLAN Planning Considerations The Upper 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 recreation, wildlife habitat, watershed and scenic hillside protection. It is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring one dwelling unit per 160 acres, unless the development is clustered -t. R-99-07 page 7 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. However, the entire property may have as many as 53 legal residential sites based upon historic entitlements, and development could proceed now on that basis. Santa Clara County's Countywide Trails Master Plan shows an existing and planned section of the Bay Area Ridge Trail in the general vicinity and crossing State Highway 17 at the Bear Creek Road overpass. As part of the purchase agreement, in the event the District determines it is not able to exercise the option to acquire the Lower Property and if the Seller seeks to develop the Lower Property, the Seller is required to make every attempt possible to configure future development of the 260-acre Lower Property to the east of the 50-acre Lower Parcel B in order to convey as much of that parcel as possible to the District for the purpose of preserving open space, if the District elects to purchase the Upper Property. All property acquired would be undeveloped and held as open space. The District is acquiring an option to acquire the timber rights on the Upper Property that are currently owned by Big Creek Lumber Company. The option deadline is April 15, 1999 and these timber rights may be acquired by a public or private entity whose goals include forest preservation and management. In addition, the District will be receiving a charitable donation of the residual timber rights on the Upper Property not already owned by Big Creek Lumber, which will be preserved for conservation purposes. Big Creek Lumber has prepared a Timber Harvest Plan covering 125 acres located in the northwest corner of the Upper Property. The California Department of Forestry (CDF) recently completed its formal review of the plan, which included a site-tour for neighbors and agency personnel, a public hearing, and review by the California Department of Fish and Game, the Regional.Water Quality Control Board, and the Santa Clara County Planning Department. The Timber Harvest Plan was formally approved with minor amendments by CDF in late November 1998. Big.Creek Lumber can commence logging operations on April 15, 1999. The property should not be open to the public, except under permitted conditions, during periods of harvest to minimize potential conflicts between the logging activity and public use. The harvest area is concentrated largely within the Dyer Creek watershed. The plan calls for the selective harvest of approximately 50% of the larger redwood and Douglas fir trees in this area, estimated to beat least two million board feet by volume. The amended plan requires very strict erosion control measures to protect the watercourses within the plan area. In general, Big Creek Lumber has exceeded the State's minimum forestry practice standards in order to showcase the' area as a model of sustainable forestry. In the event the District, or another public or private non-profit group, is not able to exercise the option to acquire the timber rights on the Upper Property, Big Creek staff have indicated their . intention to submit a Non-intensive Timber Management Plan (NTMP) covering approzimately?700 acres of the Upper Property in order to harvest an additional six million board feet of timber:'r Timber removed under an NTMP must be cut according to very strict environmental criteria. It can then be certified as "sustainably harvested" and sold for 30% to 40% more than non-edified timber. (Under this scenario, the company would selectively remove the largest trees until meeting their quota of six million board feet. Harvesting would be dispersed over the entire project area, resulting in reduced impacts to the watershed and scenic qualities. Under standard practices, the company would prepare a plan to harvest in the watersheds with the best stands of timber and R-99-07 page 8 remove up to 60% of the trees that are greater than 18" in diameter. This would have a far greater impact on the open space resources of the property than the current plan.) Although the District would have no ownership, regulatory approval power or control over the timber harvesting, Big Creek has nonetheless indicated its willingness to work informally with a District forester to consult regarding minimizing impacts. The District has no authority over the existing approved Timber Harvest Plan or future timber harvesting activities. If the timber rights are not acquired by April 15, 1999 and Big Creek wishes to proceed with timber harvesting, the California Department of Forestry is the regulating agency responsible for environmental review, approvals, and permits for such activities. If the District does acquire the Big Creek timber rights, the timber would be preserved for conservation purposes. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective during the term of the lease and upon exercise of Ahe option to purchase the Upper Property. Under the terms of the lease, the District may use the property for open space purposes; the seller will have no permitted use of the property except to conduct studies that may be required by the County for seeking development permits on the Lower Property. The plan addresses use and management issues pertaining to only the 811-acre Upper Property that the District is leasing ,including the Mellot's Parcel, and licensed roads to be used for patrol purposes, as it is not , known at this time whether or not the District will determine to acquire the Lower Property. Any required environmental review and CEQA determination relating to exercising the option to purchase the Lower Property will be prepared and acted on by the Board if and when they decide to exercise the option to acquire the Lower Property. The leasehold property will be maintained in its natural condition and managed for open space purposes only. The licensed roads will be maintained in their current condition for purposes of patrol, maintenance and emergency access. The Upper Property and licensed roads will be closed to the public to allow for detailed resource analysis and site planning. The Upper Property will be open for low-intensity public trail use upon acquisition. Public Access: Closed to the public during the term of the lease, except under permitted conditions approved by the General Manager for the purposes of environmental studies and surveillance. Barriers: Install and maintain gates and fencing at all entrances to the Upper Property along Bear Creek, Chase and Mellot's Roads and other roads leading to the upper and southern vineyards; install fence around cistern located in northeast corner of property. Roads: Maintain existing roads on the Upper Property and license roads on the Lower Property for patrol, maintenance and emergency purposes. Signs: Preserve boundary signs and closed area signs to be installed at all entrances to the Upper Property. Timber Management: In the event the District is not able to exercise its Timber Option, contract with a certified forester to work with Big Creek Lumber Company to monitor compliance with the approved Timber Harvest Plan. Name: Name the property Bear Creek Redwoods Open Space Preserve. R-99-07 Page 9 Site Safety Inspection: Preliminary inspection is complete and site safety measures need to be implemented including securing the property to eliminate motorcycles, off-road vehicles and illegal timber cutting, and securing a cistern; a comprehensive inspection will be completed within 120 days after the close of escrow to determine if hazards are present and need to be mitigated. CEOA COMPLIANCE Proiect Description The project consists of a nine-year lease of a 811-acre Upper Property, acquiring a gift of residual- timber rights beyond those held under private ownership, and acquiring a license to use existing off-site roads on the Lower Property, creation of Bear Creek Redwoods Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for preservation of the property in its natural condition. Additionally, the project includes obtaining an option to acquire fee title to the leasehold property and an undeveloped portion of an adjacent 50-acre lower parcel, acquiring public access and patrol easements over the Lower Property, and timber rights over the property and granting an option to the seller to reacquire the Mellot's Parcel located on Mellot's Road. It is uncertain the District will be able to exercise any of the options, largely due to the need to obtain the necessary funding. Since there is no determination at this time whether or not to exercise these options, further public review and Board action will be required if they are exercised. Exercising the timber rights option is largely dependent on securing funding. The 811- acre property to be leased by the District will be closed to public use and maintained in its natural condition. The Preliminary Use and Management Plan calls for securing the site and eliminating off-road vehicle use and tree cutting activities. If the 811-acre leasehold property is acquired, it will be permanently preserved as open space, open to the public, and maintained in a natural condition. Timber harvesting that may occur if the timber rights are not acquired by the District is regulated and approved by the State of California and not part of this project or under the control of the District. The gifted residual timber and optioned timber, if acquired by the District, would not be harvested and would remain in a natural condition. The project does not include acquisition of the Lower Property as the District has made no determination whether or not to acquire the Lower Property. It is unknown whether such an acquisition is possible since this depends largely on finding outside funding sources. Any such determination would be preceded by further environmental review required by law and further public and Board review. CEOA Determination The District concludes that this project will not have a significant effect on the environment: T1ie property is being leased and acquired to preserve as public open space. The project area does hot contain a sensitive habitat and will not impact a sensitive habitat or resource of hazardous or critical concern. There are no unusual circumstances anticipated with the subsequent acquisition of this property for public open space purposes. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15301,15304,15316, 15317, 15325, 15303 and 15061 as follows: -_ Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing. Under the terms of the lease and liciise, the 811-acre property will be closed to the public and maintained in its natural condition. Existing water systems, drainage facilities and roads, including licensed roads, will be maintained in their current condition. Additionally, if the property is acquired it may be opened for public use on existing trails, disturbed areas may be restored to improve wildlife habitat, and minor accessory R-99-07 Page 10 structures will be removed. To accomplish this, existing trails will be maintained, any old vineyard sites will be allowed to revegetate, and minor structures which are considered in a state of disrepair will be disposed of off-site causing little or no disturbance to the environment. Opening trails to public use will not involve negligible expansion of use since the trails are currently existing and used by neighboring equestrians and hikers. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature scenic trees except for forestry and agricultural purposes. Improvements planned for the leasehold or fee area are limited to gates, fences and signs that are designed to restrict off-road vehicle use and protect the property in a natural condition. If the property is acquired, the seller's easement allows for the installation of utilities and drainage facilities under the condition that these improvements do not exceed the limits of minor alterations as defined in this section. Any utilities will be underground and consist of minor trenching and backfilling. 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. Although the property is not being acquired at this time, the lease agreement temporarily acquires possession of the land and the property may be acquired in fee title in the future. The use and management plan specifies the leased land will not be developed and will remain in a natural condition. If the Upper Property option is exercised, the result will be the same: the land will not be developed and will be maintained in its natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. If the option is exercised, the District will accept fee interests in the property and maintain the open space character of the area. No development would occur and old vineyard sites will be allowed to revegetate. The gifted timber and any timber rights acquired under the terms of the option will be preserved in a natural condition under the District's ownership. Any undeveloped portion of the 50-acre Lower Property that is transferred to the District will also be preserved in natural condition. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This lease agreement will temporarily acquire ownership of the property and ensure it will be preserved as public open space. Any undeveloped portion of the 50-acre Lower Property that is transferred to the District will also be preserved in natural condition. If any of the options exercised to acquire the Upper or Lower Properties, the transfer of ownership to the District will ensure permanent preservation of open space. Section 15303 exempts the construction of single-family residences and accessory structures. It is unknown whether the seller will exercise its option to acquire the Mellot's parcel and develop it with a single family residence. In the event this were to occur, this action would be exempt because a maximum of one single-family residence would be allowed by the current Santa Clara County Zoning Ordinance. Accessory structures as defined by the code, such as recreational improvements and/or accessory living quarters, could also be allowed. The property does not _ contain a sensitive habitat and development of a single family residence will not impact a resource of hazardous or critical concern. There are no unusual circumstances anticipated with the subsequent development of this property for a residential dwelling. R-99-07 Page 11 This acquisition qualifies under all six of these 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 FUNDING The Agreement for Option and Purchase of Real Property between the District and Arlie Land and Cattle Company provides for the District to immediately lease the Upper Property and Mellot's Property, and to obtain an option to purchase the'Upper Mellot's Properties, the Lower Properties and the timber rights upon all of the Properties. The following are the principle terms and conditions of the Purchase Agreement: 1. Grant of Qjption to Purchase the Upr&r and Mellot's Properties: The District will obtain the exclusive right to purchase these 811 acres of land for a purchase price of$10,500,000 paid in the form of an advance payable by March 12, 1999 as consideration for the option. The District may exercise this option during a five-year period conditioned upon the occurrence of various events which include the Seller's receipt of land use approvals from the County of Santa Clara for residential development not exceeding 50 units upon the Lower Property (in the event the District does not also purchase the Lower Property). The Seller will secure the District's advance by a promissory note and deed of trust in the first position encumbering the Upper and Mellot's Properties. The Note bears interest at 6% (which is a higher rate than is earned on current investment of District surplus funds). No periodic interest payments will be due until the maturity date of the Note which will be five years from the District advance. 2. Lease and License of Upper and Mellot's Property: The District will also obtain an immediate nine-year lease of these properties for open space purposes so that these Properties can be maintained in their natural condition. The District will obtain a license to pass over existing roads on the Lower Property for patrol, maintenance and emergency access. 3. Brant oQption to Purchase All of the Properties: The District will obtain an option to purchase the entire 1,100-acre property for an additional payment of$14,500,000. The initial option term will expire on March 31, 1999 but may be extended until June 30, 1999 by the District paying an option extension fee of$250,000 to be credited against the purchase price. 4. Grant of Timber Rights Qption: The District will obtain an option to'acquire the timbenights upon the Properties currently owned by Big Creek Lumber. The option price is $5.2 million.;i The option term will expire on March 31, 1999 unless extended. In addition, the District will receive a gift of the residual timber rights which exist upon the Upper Property which are not owned bjBig Creek Lumber and are owned by the Seller, regardless of whether the District is able to exercise its Timber Rights Option or not. 5. Mellot's Repurchase and Seller "Put" Qption: The Seller retains the right to repurchase the Mellot's Property from the District within a 5 year period and retains the right to convey the Upper and Mellot's Properties to District in fee at any time during a 5 year period, regardless of District's exercise of its option to purchase these properties. 6. Unwind and Alternate Transactions: Unless the District has acquired the entirety of the Properties or acquired fee title to any of the Properties, and only upon specified conditions, the R-99-01 Page 12 Seller retains the right to terminate the agreement by repayment of the Note and interest and certain other costs. These conditions primarily concern the failure of the Seller to receive development approvals for an economically feasible residential development upon the Lower Property. In that event, the District retains the right to prevent such a termination by exercise of any of various options to purchase all or a portion of the Properties. These are: 1) payment of a sum not to exceed $3,750,000 to Seller; 2) exercise of a further option to purchase the entire 1,100-acre property for a purchase price of$27,500,000 plus a sum equal to 6% interest on said price accruing from the initial closing date of the District's advance; or 3) exercise of an option to purchase a portion of the 811-acre Upper Property comprised of approximately 400 acres. 7. Grant of Oven Space Dedication Density Credit Payments. and Golf Course Payment: In the event the Seller elects to seek development on the Lower Property, the District will receive $100,000 for each existing lot upon the Upper Property which the Seller desires to reallocate to the Lower Property, not to exceed 39 lots (thus, not exceeding a payment of$3,900,000). The Seller will donate to the District those open space and undeveloped portions of a 50-acre parcel of the Lower Property which is not required for development and will negotiate conservation easements over remaining open space portions of the Lower Property not included in any development. The Seller will be obligated to pay the District $6,400,000 only in the event at least a 9-hole golf course is approved upon the Lower Property. These density credit payments reflect compensation to the District for the value of any density credits or lots which the Seller determines to remove from the Upper Property and relocate to the Lower Property. 8. District Easements: The Seller will grant the District an easement over the Lower Property for public access, patrol, maintenance, and emergency access to the Upper Property upon District acquiring fee title. 9. Seller Easements: The District will agree to negotiate with the Seller certain utility easements upon the Upper Property for the benefit of the Lower Property, provided these are very minor and any utilities are placed underground. 10. SecuriV Instruments: Seller's various contractual obligations under this transaction are secured by various deeds of trust and other forms of collateral. A deed of trust on the Upper and Mellot's Property will secure the District's advance. A deed of trust on the Lower Property will secure the Seller's obligation to make the density credit payments and to secure the Seller's indemnity obligations contained in the Purchase Agreements. BUDGET CONSIDERATIONS 1998-1999 Budget for Land Acquisition New Land Budgeted for Acquisition $11,303,000 _. 1998-1999 Note Issue 21,500,000;, New Land Purchased this year (4,453,250)..,; Arlie Land & Cattle Acquisition proposed on this agenda 1�G4,5.001 Acquisition Budget Remaining $17,H2 R-99-07 Page 13 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 important for the protection of watershed, scenic lands, wildlife habitat, recreational uses and a large second growth redwood forest in creating the Bear Creek Redwoods Open Space Preserve. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition as well as other interested parties requesting such notice. Prepared by: Del Woods, Senior Management Specialist Michael C. Williams,Real Property Representative Contact person: L. Craig Britton, General Manager RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE AND EXECUTION OF AGREEMENT FOR OPTION AND PURCHASE OF REAL PROPERTY AND NECESSARY RELATED DOCUMENTS, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER AND BOARD PRESIDENT TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (BEAR CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF ARLIE LAND AND CATTLE COMPANY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement for Option and Purchase of Real Property between Arlie Land and Cattle Company 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, Note and Deeds of Trust on behalf of the District, as well as any and all exhibits to the Agreement and any related documents, including the Residential Timber Rights Donation Agreement and Option. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall. cause to be given appropriate notice of acceptance to the seller. The General Manager and Board President are 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 $50,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$10,500,500 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There'are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Midpeninsula Regional Open Space District ST.IOSEI'H'S Hlll OPEN SPACE PRtmi RVI S �\\ .•�.--1\` - ) r 1 \� :.�`_.liar it � f ''/•% ..!' =::, �� .w �� i .7 \ \ •CountySanborn Sycamore, Co)frr �• I Lcx�ngton ReseMalr Sierra A300 zul County Park, • O�e\n S ace 186 Y,�� v- '"'� � 5 'i,��- LOWER PARCEL 1�'}j, '� MG �l ^�_ �1 QQ` l �.�. .1�. _ /!" + .J ` .:-�\ 1 a_ _�✓� C.� , �'� ` / 1400 ~ _ `�• J \ l \. _.•\/C w•� ' I .1 r� ! I Y I f �-�� c. UPPER PARCEL -T=� ,�; x • .. u c .91 . 1 1 \ \� ) 3� ,ti %;• ir; ti,1 Z .Sierra A 1'1 O eOOS i C P C' 1 .1 .\.�' �/ .•; � r'f >; '. �: , .-\,:c� �, .P ( „ reserve , LOWER PARCEL B Nk a w MELLOT PARCEL 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.01r * One Mile 4 .1- FXHIRIT A' PROPOSM RFA R ('RFFk RFr11A/(1OnC ()Pr-►1 CPA r'r nnrrrno rr -�' i ATTACHMENT B REGULATION 11 HAZARDOUS POLLUTANTS RULE 2 ASBESTOS DEMOLITION, RENOVATION AND MANUFACTURING REGULATION 11 HAZARDOUS POLLUTANTS RULE 2 ASBESTOS DEMOLITION, RENOVATION AND MANUFACTURING INDEX 11-2-100 GENERAL 11-2-101 Description 11-2-110 Exemption, Visible Emission Standard 11-2-111 Exemption, Prohibited Operations 11-2-112 Exemption, Maintenance and Decontamination 11-2-113 Exemption, Renovation Notification 11-2-200 DEFINITIONS 11-2-201 Active Waste Disposal Sites 11-2-202 Adequately Wetted 11-2-203 Asbestos 11-2-204 Asbestos-Containing Material 11-2-205 Asbestos-Containing Waste Material 11-2-206 Asbestos Mill 11-2-207 Asbestos Tailing 11-2-208 Category I Nonfriable Asbestos-Containing Material 11-2-209 Category II Nonfriable Asbestos-Containing Material 11-2-210 Commercial Asbestos 11-2-211 Completion Date 11-2-212 Containment 11-2-213 Control Device Asbestos Waste 11-2-214 Conversion Operation 11-2-215 Cumulative Renovations 11-2-216 Demolition 11-2-217 Element 11-2-218 Emergency Demolition 11-2-219 Emergency Renovation 11-2-220 Encapsulant 11-2-221 Fabricating 11-2-222 Friable Asbestos-Containing Material 11-2-223 Glove Bag Method 11-2-224 HEPA Filter 11-2-225 Inactive Waste Disposal Site 11-2-226 Leak-Tight 11-2-227 Manufacturing 11-2-228 Ordered Demolition 11-2-229 Outside Air 11-2-230 Owner or Operator of a Demolition or Renovation 11-2-231 Particulate Asbestos Material 11-2-232 Planned Renovation 11-2-233 Regulated Asbestos-Containing Material (RACM) 11-2-234 Removing 11-2-235 Renovation 11-2-236 Resilient Floor Covering 11-2-237 Roadways 11-2-238 Set Up 11-2-239 Starting Date Bay Area Air Quality Management District October 7, 1998 11-2-1 11-2-240 Stripping 11-2-241 Structural Member 11-2-242 Visible Emissions 11-2-243 Waste Generator 11-2-244 Waste Shipment Record 11-2-245 Working Day 11-2-300 STANDARDS 11-2-301 Prohibited Operations 11-2-302 Visible Emissions 11-2-303 Demolition, Renovation and Removal 11-2-304 Waste Disposal 11-2-305 Waste Disposal Sites 11-2-400 ADMINISTRATIVE REQUIREMENTS 11-2-401 Reporting, Demolition and Renovation 11-2-402 Approval of Conversion Operation 11-2-403 Excavating or Disturbing Asbestos-Containing Waste 11-2-404 Maintenance Plan, Asbestos Mills, Manufacturing or Fabricating Facilities 11-2-405 Fees 11-2-500 MONITORING AND RECORDS 11-2-501 Temperature Records 11-2-502 Waste Shipment Records 11-2-503 Active Waste Disposal Site Records 11-2-504 Conversion Operations 11-2-505 Recordkeeping 11-2-600 MANUAL OF PROCEDURES 11-2-601 Waste Disposal Warning Labels 11-2-602 Warning Signs For Waste Disposal Sites 11-2-603 Bulk Sampling Analysis 11-2-604 Deleted October 7, 1998 11-2-605 Fabric Filters 11-2-606 Conversion Facility Performance Test 11-2-607 Warning Signs for Transport Vehicles Bay Area Air Quality Management District October 7, 1998 11-2-2 REGULATION 11 HAZARDOUS POLLUTANTS RULE 2 ASBESTOS DEMOLITION, RENOVATION AND MANUFACTURING (Adopted December 15, 1976) 11-2-100 GENERAL 11-2-101 Description: The purpose of this Rule is to control emissions of asbestos to the atmosphere during demolition, renovation, milling and manufacturing and establish appropriate waste disposal procedures. (Amended September 5, 1990; October 7, 1998) 11-2-110 Exemption, Visible Emission Standard: Those operations that primarily install asbestos friction products in motor vehicles are exempt from the visible emission requirements of Section 11-2-302. 11-2-111 Exemption, Prohibited Operations: Cold process cutback asphalt roof coatings and exterior and interior coatings and laminating resins containing encapsulated asbestos fibers bound within the finished product from manufacture through application are exempt from the limitations of subsection 11-2-301.3. (Amended October 7, 1998) 11-2-112 Exemption, Maintenance and Decontamination: Maintenance and decontamination operations where no RACM is being disturbed or removed are exempt from the provisions of Section 11-2-303. (Adopted Sept. 5, 1990; Amended Dec. 4, 1991; Oct. 7, 1998) 11-2-113 Exemption, Renovation Notification: Except for dry removals, notification is not required for renovations where the amount of RACM is less than 30.8m. (100 ft.) linear, 9.4m2 (100 ft.2) and 1 m3(35 ft.). (Adopted October 7, 1998) 11-2-200 DEFINITIONS 11-2-201 Active Waste Disposal Sites: Any disposal site or portion thereof which currently accepts regulated asbestos-containing waste material or has accepted regulated asbestos-containing waste material within the past year. (Adopted September 5, 1990; Amended October 7, 1998) 11-2-202 Adequately Wetted: Sufficiently mixed or penetrated with liquid to prevent the release of asbestos-containing particles. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted; however, the absence of visible emissions is not sufficient evidence of being adequately wetted. Material that is removed in units or parts of units shall be wet at all the exposed surfaces. If broken up, the material shall be wetted at all the exposed fracture surfaces. (Adopted December 4, 1991; Amended October 7, 1998) 11-2-203 Asbestos: Actinolite, amosite (cummingtonite, grunerite), anthophyllite, chrysotile, crocidolite (riebecktite), tremolite. (Amended September 5, 1990) 11-2-204 Asbestos-Containing Material: Any building material which contains commercial asbestos in an amount greater than 1% by weight, area, or count as determined by the methods specified in Section 11-2-603. (Adopted Sept. 5, 1990; Amended Dec. 4, 1991) 11-2-205 Asbestos-Containing Waste Material: Any waste that contains or has been contaminated by commercial asbestos and is generated by a plant, source, or operation subject to the provisions of this Rule, including, but not limited to, asbestos mill tailings, control device asbestos waste, RACM demolition and renovation waste material, disposable equipment and clothing, and bags or containers that previously contained commercial asbestos. (Amended Sept. 5, 1990; Dec. 4, 1991; Oct. 7, 1998) 11-2-206 Asbestos Mill: Any plant engaged in the conversion or any intermediate step in the conversion of asbestos ore into commercial asbestos. Indoor and outdoor storage, Bay Area Air Quality Management District October 7, 1998 11-2-3 handling, conveying and loading of asbestos materials is considered a part of such a plant. (Amended September 5, 1990) 11-2-207 Asbestos Tailing: Any solid waste product of asbestos mining or milling operation which contains asbestos. (Adopted October 7, 1998) 11-2-208 Category I Nonfriable Asbestos-Containing Material: Asbestos-containing packings, gaskets, resilient floor coverings, mastics and asphalt roofing products. (Adopted December 4, 1991; Amended October 7, 1998) 11-2-209 Category 11 Nonfriable Asbestos-Containing Material: Asbestos-containing material, excluding Category I nonfriable asbestos-containing material, that, when dry, and in its present form, cannot be crumbled, pulverized, or reduced to powder by hand pressure. For the purposes of this Regulation, these products include transite board, pipe and asbestos cement products, plaster, stucco, and paint. (Adopted December 4, 1991; Amended October 7, 1998) 11-2-210 Commercial Asbestos: Any variety of asbestos which is produced by extracting asbestos from asbestos ore. 11-2-211 Completion Date: The date on which containment is removed or the demolition of the structure is completed. (Adopted 9/5/90; Amended 10/7/98) 11-2-212 Containment: The isolation of an asbestos removal area from the outside air by use of physical barriers, usually plastic sheeting. Such barriers shall include transparent viewing ports which allow observation of stripping and removal of RACM from outside the barrier. (Adopted Sept. 5, 1990; Amended Dec. 4, 1991) 11-2-213 Control Device Asbestos Waste: Any asbestos-containing waste material that is collected in an air pollution control device. (Amended September 5, 1990) 11-2-214 Conversion Operation: A process by which asbestos material and/or asbestos- containing waste material is converted to nonasbestos(asbestos-free) material. (Adopted December 4, 1991� 11-2-215 Cumulative Renovations: A series of small (less than 30.8 m [100 ft] linear, 9.4 m [100 ft2] or 1 m3 [35 ft3]) renovations or removals of RACM performed during a calendar year at a single plant or facility which, taken together, would add up to a reportable amount under the provisions of this Rule. (Adopted September 5, 1990; Amended December 4, 1991) 11-2-216 Demolition: Wrecking, intentional burning, moving or dismantling of any load- supporting structural member, or portion thereof, of a building, facility or ship. This includes, but is not limited to, any related cutting, disjointing, stripping or removal of structural elements. (Amended Sept. 5, 1990; Dec. 4, 1991; Oct. 7, 1998) 11-2-217 Element: Any boiler, pipe, furnace, duct, tank, reactor, column, turbine, bridge or structural member. (Amended October 7, 1998) 11-2-218 Emergency Demolition: A demolition carried out pursuant to an order of a federal, state or local government agency issued because the building is structurally unsound and in danger of imminent collapse or has been declared a public nuisance. (Amended December 4,1991; October 7, 1998) 11-2-219 Emergency Renovation: Renovation that is not planned but results from a sudden, unexpected event. This includes: 219.1 Operations necessitated by equipment failures; 219.2 Unanticipated findings of RACM during demolition, renovation or construction activity; 219.3 The conversion of previously nonfriable asbestos-containing material to friable material during the course of a renovation; 219.4 Renovations due to fire, water, or earthquake damage; 219.5 Renovations where imminent danger to the public health may exist; 219.6 Renovations in public buildings and schools; or 219.7 Owner-occupied single family dwellings (SFDs) during or within ten days of the close of escrow, which may be included at the discretion of the APCO. (Amended Sept. 5, 1990; Dec. 4, 1991; Oct. 7, 1998) 11-2-220 Encapsulant: A sealant material such as latex paint which, when applied, coats or penetrates the asbestos-containing material. (Adopted December 4, 1991; Amended October 7, 1998) Bay Area Air Quality Management District October 7, 1998 11-2-4 11-2-221 Fabricating: Any processing of a manufactured product containing commercial asbestos with the exception of processing at temporary sites for the construction or restoration of buildings, structures, plants or installations. 11-2-222 Friable Asbestos-Containing Material: Any material that contains more than one percent asbestos as determined by the methods specified in Section 11-2-603 and that falls into one or more of the following categories: 222.1 Materials that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure. These include, but are not limited to, sprayed-on or troweled-on fireproofing, acoustic ceiling material and ceiling tiles, resilient floor covering backing, thermal systems insulation, nonasphalt-saturated roofing felts, asbestos-containing paper and joint compound. 222.2 Materials that have been rendered to a crumbled, pulverized, or powdered state, when dry, by crushing, sanding, sawing or shot-blasting or other demolition or renovation techniques. These include, but are not limited to, U.S. E.P.A. Category I nonfriable asbestos-containing material as defined in 40 CFR Part 61.141 and in Section 11-2-208. 222.3 Materials in which the asbestos fibers are bound into a matrix, if such materials have been rendered to a powdered state, when dry, by crushing, sanding, sawing or shot-blasting or other demolition or renovation techniques, or by severe weathering. These include, but are not limited to, U.S. E.P.A. Category 11 nonfriable asbestos-containing material as defined in 40 CFR Part 61.141 and in Section 11-2-209. (Amended Sept. 5, 1990; Dec. 4, 1991; Oct. 7, 1998) 11-2-223 Glove Bag Method: A method of stripping or removing RACM in which the wetted material is totally isolated inside a transparent plastic, leak-tight bag and then manually removed using gloves which are an integral part of the bag. (Adopted Sept. 5, 1990; Amended Dec. 4, 1991; Oct. 7, 1998) 11-2-224 HEPA Filter: A high efficiency particulate air filter capable of filtering 0.3 micron particles with 99.97 percent efficiency as determined by ASTM Method D-2988-71. (Adopted September 5, 1990) 11-2-225 Inactive Waste Disposal Site: Any disposal site or portion thereof, where additional asbestos-containing waste material will not be deposited and where the surface is not disturbed by vehicular traffic. 11-2-226 Leak-Tight: Any method of containerization that prevents solids, liquids, or particles from escaping or spilling out. (Adopted December 4, 1991) 11-2-227 Manufacturing: The combining of commercial asbestos, or in the case of woven friction products, the combining of textiles containing commercial asbestos, with any other material(s), including commercial asbestos, and the processing of this combination into a product. 11-2-228 Ordered Demolition: The demolition of a stationary structure pursuant to an order of an authorized representative of a federal, state or local governmental agency, issued because that structure is structurally unsound and in danger of imminent collapse. (Adopted October 7, 1998) 11-2-229 Outside Air: The air outside buildings and structures. 11-2-230 Owner or Operator of a Demolition or Renovation: Any person who owns, leases, operates, controls or supervises the stationary structure being demolished or renovated, or any person who owns, leases, operates, controls or supervises demolition or renovation, or both. (Adopted December 4, 1991) 11-2-231 Particulate Asbestos Material: Finely divided particles of asbestos material. 11-2-232 Planned Renovation: A renovation, or a number of such operations, in which the amount of RACM that will be removed or stripped at an installation within a maximum time of one year can be predicted. Operations that are individually nonscheduled are included, provided a number of such operations can be predicted to occur during a given period of time based on operating experience. The minimum period of time shall be 30 days. (Amended September 5, 1990; December 4, 1991) 11-2-233 Regulated Asbestos-Containing Material (RACM): 233.1 Friable asbestos-containing material, as defined in Section 11-2-222 or, Bay Area Air Quality Management District October 7, 1998 11-2-5 233.2 Category I nonfriable asbestos-containing material that has or will become friable, or that has been subjected to sanding, drilling, grinding, cuffing, or abrading, or, 233.3 Category II nonfriable asbestos-containing material that may become or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation. (Adopted December 4, 1991; Amended October 7, 1998) 11-2-234 Removing: The taking out, cutting, drilling or similarly disturbing of RACM used on any element from any building, structure, plant or installation. (Amended 5/20/81; 9/5/90; 12/4/91; 10/7/98) 11-2-235 Renovation: An operation other than demolition in which RACM is removed or stripped from any element of a building, structure, plant, ship, installation or portion thereof. (Amended 9/5/90; 12/4/91; 10/7/98) 11-2-236 Resilient Floor Covering: Asbestos-containing material comprised of floor tile, including asphalt or vinyl floor tile, or sheet vinyl floor covering; but not including linoleum, sheet linoleum, or the backing of linoleum, which are considered friable for the purposes of this Rule. (Adopted December 4, 1991) 11-2-237 Roadways: Surfaces on which motor vehicles operate and any shoulder which extends up to 3 m (10 feet) from the edge of the traveled way. This includes, but is not limited to, highways, roads, streets, parking areas, driveways, and haul roads. (Amended September 5, 1990) 11-2-238 Set Up: Preparation of a structure for stripping or removing of RACM, including but not limited to placement of physical barriers, installation of viewports, installation of local exhaust ventilation and collection systems, removal of nonasbestos containing structural components for the primary purpose of gaining access to RACM. (Adopted October 7, 1998) 11-2-239 Starting Date: The date on which actual disturbance, active removal or stripping of any RACM begins, or the demolition of the structure begins. (Adopted September 5, 1990; Amended October 7, 1998) 11-2-240 Stripping: Taking off, cuffing, drilling, or similarly disturbing RACM used on any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member. (Amended 5/20/81; 9/5/90; 12/4/91; 10/7/98) 11-2-241 Structural Member: Any load supporting member, such as beams and load- supporting walls, or any nonload-supporting member, such as ceilings and nonload- supporting walls. (Adopted October 7, 1998) 11-2-242 Visible Emissions: Any emissions, evidence of emissions, including, but not limited to, dust, debris, particles, or fibers, or releases from any point or area source containing particulate asbestos material that are visually detectable without the aid of instruments, and which contain asbestos. This includes, but is not limited to, asbestos debris found outside of containment at a job site. (Adopted September 5, 1990; Amended October 7, 1998) 11-2-243 Waste Generator: Any owner or operator of a source subject to this Rule whose act or process produces asbestos-containing waste material. (Adopted December 4, 1991) 11-2-244 Waste Shipment Record: The shipping document, required by the APCO to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos-containing waste material. (Adopted December 4, 1991) 11-2-245 Working Day: Monday through Friday, including holidays that fall on any of the days Monday through Friday. (Adopted December 4, 1991) 11-2-300 STANDARDS 11-2-301 Prohibited Operations: The following operations are prohibited: 301.1 The surfacing of roadways with asbestos tailings or asbestos-containing wastes except for temporary roadways on an area of asbestos deposits. The deposition of asbestos tailings on roadways covered with snow or ice is considered "surfacing." Bay Area Air Quality Management District October 7, 1998 11-2-6 301.2 Molded insulating materials which are friable, and wet-applied insulating materials which are friable after drying, installed after the effective date of this Regulation, shall contain no commercial asbestos. 301.3 The spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration or repair. (Amended September 5, 1990) 11-2-302 Visible Emissions: There shall be no visible emissions to the outside air from any asbestos mill or from any operation involving the demolition, renovation, removal, manufacture or fabrication of any product containing asbestos. 302.1 For asbestos milling, or manufacturing or fabrication of products containing asbestos only, rather than meet the no visible emission requirements as specified by Section 11-2-302, a person may elect to use air-cleaning to clean emissions containing particulate asbestos material before such emissions escape to, or are vented to, the outside air. Each owner or operator must meet the following requirements: 1.1 Monitor each potential source of asbestos emissions from any part of the mill, manufacturing, or fabricating facility, including air cleaning devices, process equipment and buildings that house equipment for material processing and handling, at least once each day, during daylight hours, for visible emissions to the outside air during periods of operation. 1.2 Inspect each air cleaning device at least once each week for proper operation and maintenance, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected weekly, submit a written maintenance plan to the APCO as specified in Section 11-2-404. If the use of fabric filters creates a fire or explosion hazard, the APCO may authorize the use of wet collectors designed to operate with a unit contacting energy of at least 9963 pa (40 in.) water gauge pressure. All air cleaning equipment authorized by this Regulation must be properly permitted, installed, used, operated and maintained. By-pass devices may be used only during emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material. (Amended Sept. 5, 1990; Dec. 4, 1991; Oct. 7, 1998) 11-2-303 Demolition, Renovation, and Removal: To prevent emissions from asbestos- containing material, a person responsible for scheduled, nonscheduled, or emergency demolition, renovation, or removal of any building elements containing any amount of RACM shall use the procedures specified in subsections 303.1 through 303.13. This shall not apply to maintenance or decontamination procedures where no removal takes place. 303.1 Wetting Method: All exposed RACM shall be adequately wetted and kept wet during cutting, stripping, demolition, renovation, removal and handling operations both inside and outside of a building, except when the methods specified in subsections 11-2-303.2 and 303.4 are used. Wetting requirements are suspended when the temperature at the point of wetting is below 0°C (32°F) in which case elements of RACM shall be removed in units or in sections to the maximum extent possible. 303.2 Exhaust and Collection Method: In lieu of wetting, a local HEPA exhaust, ventilation, and collection system designed and operated to capture the emissions from RACM and prevent any visible emissions to the outside air may be used during 1) stripping of any element that has been removed as a unit or in sections, in accordance with subsection 11-2-303.4; 2) to prevent emissions of particulate asbestos-containing material to the outside air when damage to equipment resulting from wetting would be unavoidable; 3) shotblasting of mastic. Approval for dry removal of RACM must be received Bay Area Air Quality Management District October 7, 1998 11-2-7 from the APCO; requests for approval of dry removal must be in writing and meet the notification provisions of Section 11-2-401. 303.3 Scheduling of Demolition Activities: RACM shall be removed prior to demolition, or other operations that would either break up, or preclude access to the RACM for subsequent removal. Removal of RACM which is encased in concrete or other similar structural material is not required prior to demolition, but such material shall be adequately wetted whenever exposed during demolition or renovation and disposed of as RACM as required in Section 304. 303.4 Removal in Units: Elements that have RACM may be removed at any time in units or sections so long as the exposed RACM during cutting or disjointing is adequately wetted or encapsulated to prevent emissions of particulate asbestos material. Such sections if elevated shall be carefully lowered to ground level, where they are to be abated in accordance with subsection 11-2-303.1 and/or 303.2. 303.5 Removal By Chute or Container: All RACM not removed in units or sections shall be adequately wetted and kept wet in accordance with subsection 11-2-303.1, and transported to the ground in leak-tight chutes or containers, utilizing negative air and HEPA equipment. 303.6 Containment Requirement: Any building, structure, room, facility or installation from which RACM is being stripped or removed shall be isolated by physical barriers from the outside air to the extent feasible as determined by the APCO. Such barriers shall include transparent viewing ports which shall be in place prior to the commencement of the removal of the RACM and which allow observation, to the extent feasible as determined by the APCO, of all stripping and removal of RACM from outside the barrier. The negative air pressure inside the isolated work area shall be maintained at a pressure differential relative to adjacent, nonisolated areas to the extent feasible. The negative air pressure ventilation equipment shall be operated continuously from the establishment of isolation barriers through final clean- up of the work area following stripping or removal of RACM. Any such local exhaust ventilation system shall filter the air from the isolated area with a HEPA filter, or equivalent, prior to exhausting. The provisions of this subsection shall not apply to a removal done entirely by the glovebag method, provided the bag is evacuated with a HEPA filter vacuum prior to removal from the element being stripped; a removal using a mini-enclosure designed and operated according to current OSHA standards; a removal of one square foot or less done in accordance with subsection 11-2-303.1 and using a local HEPA exhaust, ventilation and collection system; or a removal using any other engineering control technique approved by the APCO. The requirement to maintain negative air pressure shall not apply to outdoor pipeways at industrial facilities; however, these jobs shall be contained by plastic barriers to the extent feasible to prevent visible emissions of RACM. 303.7 Clean Work Site Requirement: All friable asbestos-containing waste material related to a specific demolition, renovation or removal, including pre-existing debris, shall be handled in accordance with the provisions of Sections 11-2-303 and 11-2-304. 303.8 Surveys: Except for ordered demolitions, prior to commencement of any demolition or renovation, the owner or operator shall thoroughly survey the affected structure or portion thereof for the presence of asbestos-containing material, including Category I and Category II nonfriable asbestos-containing material. The survey shall be performed by a person who is certified by the Division of Occupational Safety and Health, and who has taken and passed an EPA-approved Building Inspector course and who conforms to the procedures outlined in the course. The survey shall include sampling and the results of laboratory analysis of the asbestos content of all suspected asbestos-containing materials. This survey shall be made available, upon request by the APCO, prior to the commencement of any RACM removal or any demolition. This subsection shall not apply if the owner or operator Bay Area Air Quality Management District October 7, 1998 11-2-8 asserts that the material to be renovated is RACM and will be handled in accordance with the provisions of Sections 11-2-303, 304 and 401. The requirement for certification by the Division of Occupational Safety and Health shall not apply to in-house health professionals within a specific nonasbestos related company who perform occasional surveys only for that company as part of their regular job responsibilities 8.1 When a structure, or portion thereof, is demolished under an ordered demolition, the survey must be done prior to, during, or after the demolition but prior to loading or removal of any demolition debris. If the debris contains regulated asbestos-containing material, all of the debris shall be treated as asbestos-containing waste material pursuant to Section 11-2-304. 8.2 For renovation or demolition of residential buildings having four or fewer dwelling units, a survey is not required. A sample and test of the material will be required only when any of the following will be removed or disturbed: heating, ventilation, air conditioning ducting and systems; acoustic ceiling material or acoustic plaster; textured or skim coated wall surfaces, cement siding or stucco, or resilient flooring. Where the material is found to contain greater than 1 percent asbestos and is friable, the material must be handled in accordance with Section 11-2-303. 303.9 On-Site Representative: No RACM shall be stripped or removed unless at least one on-site representative, such as a foreman or management-level person or other authorized representative, certifies that he or she is familiar with the provisions of this rule as it pertains to demolition and renovation and the means of compliance therewith, and is present during all stripping and removing of RACM. The required training shall include: applicability of the regulation, notifications, procedures, material identification, and control procedures for removals, including: adequate wetting, local exhaust ventilation and HEPA filtration, negative pressure enclosures , glove-bag procedures, waste disposal work practices, and reporting and record keeping requirements. Evidence that the required training has been completed shall be posted on-site and made available for inspection by the APCO. This subsection shall not apply to RACM stripped or removed from an owner- occupied single-family dwelling by the owner. 303.10 RACM Discovered After Demolition: If RACM is not discovered until after demolition begins and as a result of the demolition cannot be safely removed, the asbestos-contaminated debris shall be treated as asbestos- containing waste material and kept adequately wet at all times until disposed of according to the provisions of Section 11-2-304. Immediately after the RACM is discovered the owner or operator shall comply with the provisions of subsections 11-2-303.1, 303.6 and 401.3. 303.11 Ordered Demolition: The owner or operator of any demolition of any building or other stationary structure pursuant to an order of an authorized representative of a state or local governmental agency, issued because that building is structurally unsound and in danger of imminent collapse, or has been declared a public nuisance, shall comply with the survey requirements of subsection 11-2-303.8, the wetting requirements of subsection 11-2-303.1 and the disposal requirements of Section 11-2-304. Fire training is not exempted from this Section. 303.12 Intentional Burning: If demolition is accomplished by intentional burning, all RACM, including Category I and Category II nonfriable asbestos- containing material shall be removed in accordance with Section 11-2-303, before burning. 303.13 Emergency Renovation: An emergency renovation shall be approved by the APCO prior to the initiation of work and shall apply only to the abatement of the immediate hazard. (Amended December 4, 1991; October 7, 1998) 11-2-304 Waste Disposal: To prevent emissions from asbestos-containing material, a person responsible for the collection, processing (including incineration and conversion), Bay Area Air Quality Management District October 7, 1998 11-2-9 packaging, transporting, or disposition of any asbestos-containing waste material which is generated by manufacturing; fabricating; scheduled, nonscheduled, or emergency demolition or renovation, whether notified or not; spraying operations; or asbestos milling, shall use the following procedures: 304.1 The person responsible for any demolition, renovation or removal of RACM, or for any source other than an asbestos mill may elect to use either of the following disposal methods or an alternative disposal method which has received prior approval by the APCO: 1.1 Treatment of asbestos-containing waste material with water. Control device asbestos waste shall be thoroughly mixed with water into a slurry and other asbestos-containing waste material shall be adequately wetted and kept wet. There shall be no visible emissions to the outside air from the collection, mixing and wetting operations, except as permitted in Sections 11-2-110 and 11-2-302.1. After wetting, and while still wet, all asbestos-containing waste material shall be sealed into leak-tight containers prior to being removed from containment as specified in subsection 11-2-303.6. Such containers shall remain leak-tight and be deposited at waste disposal sites which are operated in accordance with the provisions of Section 11-2-304. The containers shall be labeled with the name of the waste generator and the location (address) from which the waste was generated prior to being removed from containment. Unless they are located within a contained area, glovebags are considered to be removed from containment when they are removed from the OSHA regulated area. Containers shall also include an asbestos warning label, as specified in—Section 11-2-601. These labels must be printed in letters of sufficient size and contrast to be readily visible and legible. 1.2 Processing of asbestos-containing waste material into nonfriable forms. All asbestos-containing waste material shall be formed into nonfriable pellets or other shapes and deposited at waste disposal sites which are operated in accordance with this regulation. There shall be no visible emissions to the outside air from this collection and processing of asbestos-containing waste material except as permitted in Sections 11-2-110 and 11-2-302.1. For the purposes of this subsection, the term "all asbestos-containing waste material' as applied to demolition and renovation operations covered by Section 11-2-303 includes only friable asbestos waste and control device asbestos waste. 1.3 Conversion of RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material: Each owner or operator of a conversion operation shall comply with Sections 11-2-402 and 11-2- 504 of this Regulation. 304.2 Rather than meet the requirements of Section 11-2-304, the person responsible for an asbestos mill may elect to meet the following requirements or use an alternative disposal method which has received prior approval by the APCO: 2.1 There shall be no visible emissions to the outside air from the transfer of control-device asbestos waste to the tailings conveyor, except as permitted in Sections 11-2-110 and 11-2-301.1. Such waste shall be subsequently processed in accordance with this Regulation. 2.2 All asbestos-containing waste material shall be adequately mixed with a wetting agent prior to disposition at a waste disposal site. Such wetting agent shall be used as recommended for the particular dust by the manufacturer of the agent. There shall be no visible emissions to the outside air from the wetting operation except as permitted in Sections 11-2-110 and 11-2-302.1. Wetting may be suspended when the ambient air temperature at the waste disposal site is less than - 9.5°C (150F). The ambient air temperature shall be determined by an appropriate measurement method with an accuracy of +VC or +2°F Bay Area Air Quality Management District October 7, 1998 11-2-10 and recorded at least at hourly intervals during the period that the operation of the wetting system is suspended. 304.3 All asbestos-containing waste material shall be deposited at waste disposal sites operated in accordance with this Rule. 304.4 For demolitions where the RACM is not removed prior to demolition pursuant to subsection 11-2-303.11, the asbestos-containing waste material shall be kept adequately wetted at all times after demolition, during handling and loading and shall be sealed in leak-tight containers for transport to a disposal site. 304.5 All vehicles used to transport asbestos-containing waste material shall be marked as specified in Section 11-2-608 during the loading and unloading of waste. The signs shall be visible and shall be displayed in such a manner that a person can easily read the legend. 304.6 The owner or operator of all asbestos-containing waste material, generated as a result of demolition or renovation activities, which is transported off the facility site shall meet all of the following requirements: 6.1 Maintain a waste shipment record as specified in Section 11-2-502. 6.2 Provide a copy of the waste shipment record referenced in subsection 11-2-304.6.1 to the disposal site owner or operator at the same time the asbestos-containing waste material is delivered to the disposal site. 6.3 Contact the transporter and/or the owner or operator of the disposal site to determine the status of the waste shipment, if the waste shipment record referenced in subsection 11-2-304.6.1, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter. 6.4 Provide a written report to the APCO if a copy of the waste shipment record referenced in subsection 11-2-304.6.1, signed by the owner or operator of the disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. The following information shall by included: A copy of the waste shipment record referenced in subsection 11-2-304.6.1 for which a confirmation of delivery was not received, and a letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts. (Amended Sept. 5, 1990; Dec. 4, 1991; Oct. 7, 1998) 11-2-305 Waste Disposal Sites: There shall be no visible emissions to the outside air from a waste disposal site where asbestos-containing waste material has been or is being deposited. 305.1 Warning signs meeting the requirements of Section 11-2-602 shall be displayed at all entrances, and along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited, at intervals of 100 m (330 ft) or less. Warning signs and fencing are not required where the requirements of subsections 11-2- 305.3.1 and 11-2-305.3.2 are met, or where a natural barrier adequately deters access by the general public. Upon request and supply of appropriate information, the APCO will determine whether a fence or a natural barrier adequately deters access to the general public; and 305.2 The perimeter of the site shall be fenced in a manner adequate to deter access by the general public, except as specified in subsection 11-2-305.1. 305.3 Rather than meet the requirements of subsection 11-2-305.1 and 11-2- 305.2, a person may elect to meet the following requirements or may use an alternative control method for emissions from a waste disposal site which has received prior approval by the APCO. 3.1 For an inactive site, the asbestos-containing waste material shall be covered with at least 15 cm (6 in) of compacted nonasbestos- containing material and a cover of vegetation shall be grown and maintained on the area adequate to prevent exposure of the asbestos- Bay Area Air Quality Management District October 7, 1998 11-2-11 I demolition or renovation. The 10 working day period shall not apply if applicable fees for single family dwellings or multiple family dwellings with four or fewer units are paid to allow a start date of 72 hours rather than 10 working days. Notification shall be as early as possible prior to commencement of emergency demolition or renovation. Such notification shall include the following information. Failure to provide such information shall constitute failure to notify. 3.1 Indicate whether the notification is the original or a revision. 3.2 The name, address and telephone numbers of both the owner(s)of the structure and the operator of the demolition or renovation. 3.3 A description of the structure being renovated, including the size, number of floors, age of the oldest portion, and the present and prior use of the structure. 3.4 An estimate of the approximate amount of RACM to be removed from the structure or portion thereof, in terms of length of pipe in linear feet, surface area in square feet, or volume in cubic feet. 3.5 The name, address and telephone number of the person who completed the asbestos survey including the CAL-OSHA certification number as applicable as specified in Section 11-2-303.8 3.6 The procedures used, including the analytical laboratory method employed,to locate and identify the presence of RACM and Category I and Category II nonfriable asbestos-containing material. 3.7 The address and location (including building number or name and floor or room number, as applicable) of each structure where demolition or renovation will occur. 3.8 Accurate starting and completion dates of demolition or renovation. 3.9 A description of planned demolition or renovation and method(s) to be employed. 3.10 A description of work practices and engineering controls to be used including emission control procedures for asbestos removal and waste handling. 3.11 The name, address and location of the waste disposal site where the asbestos-containing waste material will be deposited. 3.12 A copy of the order to demolish including the name, title, and authority of the state or local governmental representative who has ordered a demolition pursuant to Section 11-2-303.11. 3.13 Effective November 20, 1991, certification that at least one person, trained as required by Section 11-2-303.9, will supervise the asbestos removal described in this plan. 3.14 Description of the procedures to be followed in the event that unexpected RACM is found or Category 11 nonfriable asbestos- containing material becomes friable. 3.15 The name, address and telephone number of the waste transporter. Such notification shall be typewritten or computer printed and submitted on a District-approved form or facsimile thereof. 401.4 Deleted September 5, 1990 401.5 Schedule Changes and Up-dates: Any changes to any aspect of a notification submitted in accordance with Section 11-2-401.3 must be reported to the APCO. These changes shall include, but are not limited to, changes in the notified starting or completion dates, changes of amounts of RACM to be removed, and changes of contractor or waste disposal site. It shall be the responsibility of the person making the initial notification of intent to remove asbestos or perform demolition activity to ensure that the APCO is notified of any such changes. If a job starts prior to the reported starting date or continues past the completion date as shown in the notification of intent to remove asbestos or to demolish, this shall constitute a failure to notify. Failure to notify the APCO of a job cancellation or postponement will result in the imposition of such asbestos operations fees as would have been due had the job not been cancelled or postponed. Bay Area Air Quality Management District October 7, 1998 11-2-13 containing waste material; or the asbestos-containing waste material shall be covered with at least 61 cm (2 ft) of compacted nonasbestos- containing material and maintained to prevent exposure of the asbestos-containing waste. 3.2 For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent which effectively binds dust and controls wind erosion shall be applied. Such agent shall be used as recommended for the particular asbestos tailings by the dust suppression agent manufacturer. Other equally effective dust suppression agents may be used upon prior approval by the APCO. For purposes of this subsection waste crankcase oil is not considered a dust suppression agent. 3.3 For an active waste disposal site, at the end of each operating day, or at least once every 24-hour period while the site is in continuous operation, the asbestos-containing waste material which was deposited at the site during the operating day or previous 24-hour period shall be covered with at least 15 cm (6 in) of compacted nonasbestos-containing material. Alternately, a resinous or petroleum-based dust suppression agent which effectively binds dust and controls wind erosion may be used. Such dust suppression agent shall be used as recommended for the particular dust by the dust suppression agent manufacturer. Other equally effective dust suppression agents may be used upon prior approval by the APCO. For purposes of this subsection, waste crankcase oil is not considered a dust suppression agent. 305.4 For an active waste disposal site,the owner or operator shall: 4.1 Maintain waste shipment records as specified in Section 11-2-503 for all asbestos-containing waste material received. 4.2 Send a copy of the signed waste shipment record to the waste generator, as soon as possible, and in no case longer than 30 days after the receipt of the waste: 4.3 Upon discovering a discrepancy between the quantity of asbestos- containing waste material noted in the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the APCO. Describe the discrepancy and attempts to resolve it, and include a copy of the waste shipment record. (Amended Sept. 5, 1990; Dec. 4, 1991; Oct. 7, 1998) 11-2-400 ADMINISTRATIVE REQUIREMENTS 11-2-401 Reporting Demolition and Renovation: The person responsible for any existing source to which this Rule is applicable shall provide to the APCO a description of the emission control equipment used for each process and the following information: 401.1 For active waste disposal operations a brief description of each process that generates asbestos-containing waste material; the average weight of asbestos-containing waste material disposed of, measured in kg/day; the emission control methods used in all stages of waste disposal; and the type of disposal site or incineration site used for ultimate disposal, including the name of the site operator and the name and location of the disposal site. 401.2 For inactive waste disposal sites a brief description of the site and the method or methods used to comply with the standard, or alternative procedures to be used. 401.3 For every demolition even where no RACM is present, for each renovation operation where the amount of RACM is greater than or equal to 30.8m (100 ft.) linear, 9.4m2 (100 ft.2) or 1 m3 (35 ft3), and for all dry removals, a written plan or notification of intent to demolish or renovate shall be provided to the APCO at least ten (10) working days prior to commencement of Bay Area Air Quality Management District October 7, 1998 11-2-12 (Amended 5/20/81; 3/5/86; 7/6/88; 9/5/90; 12/4/91; 10/7/98) 11-2-402 Approval of Conversion Operation: To obtain approval for a conversion operation pursuant to Section 11-2-304.1.3, the owner or operator shall provide the APCO with the following: 402.1 An application for Authority to Construct including the following: descriptions of waste feed handling and temporary storage, process operating conditions, handling and temporary storage of the end product, and a description of the protocol to be followed when analyzing output materials by Transmission Electron Microscopy (TEM) as described in Section 11-2-605; a demonstration of the conversion process upon request of the APCO, and a protocol for the start-up performance test as described in Sections 11-2-504 and 11-2-607. 402.2 A report for each analysis of product composite samples performed during the initial 90 days of operation. 402.3 A quarterly report, including the following information concerning activities during each consecutive three (3) month period: results of analyses of monthly product composite samples; a description of any deviation from the operating parameters, including its duration, and any corrective action taken; disposition of any products produced during a period when the operating parameters were outside the range indicative of asbestos-free; and information on waste disposal activities as required in Section 11-2-305. (Adopted December 4, 1991) 11-2-403 Excavating or Disturbing Asbestos-Containing Waste: The owner or operator of a waste disposal site referenced in Section 11-2-305 shall notify the APCO in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one stated in the original notice, notice of the new start date shall be provided to the APCO at least 14 days before excavating begins. In no event shall excavation begin earlier than the date specified in the original notification. The notice shall include: scheduled starting and completion dates; reasons for disturbing the wastes; procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material; and location of any temporary storage site and the final disposal site. (Adopted December 4, 1991; Amended October 7, 1998) 11-2-404 Maintenance Plan: Asbestos Milling, Manufacturing and Fabrication Facilities: Asbestos milling, manufacturing and fabrication facilities subject to Section 11-2- 302.1.1 shall submit a written maintenance plan to the APCO. This plan shall include the following information: maintenance schedule; recordkeeping plan; and maintenance records of the results of visible emissions monitoring and air cleaning device inspections including the following: date and time of each inspection; presence or absence of visible emissions; condition of fabric filters, including presence of tears, holes and abrasions; presence of dust deposits on clean side of filter; brief description of corrective actions taken, including date and time; and daily hours of operation for each air cleaning device. On a quarterly basis, submit a copy of visible emissions monitoring records if visible emissions occurred during the reporting period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. (Adopted December 4, 1991) 11-2-405 Fees: Notification as required by the provisions contained in this rule will be subject to the fees contained in Regulation 3, Schedule L. (Adopted October 7, 1998) 11-2-500 MONITORING AND RECORDS 11-2-501 Temperature Records: During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the work area at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the APCO during normal business hours at the demolition or renovation site. Records of temperature measurements Bay Area Air Quality Management District October 7, 1998 11-2-14 as required by Section 11-2-304.2.2 shall be retained by the operator for a minimum of two (2)years. (Amended Dec. 4, 1991; Oct. 7, 1998) 11-2-502 Waste Shipment Records: Waste shipment records as required by Section 11-2- 304.6 shall include the following information: 502.1 The name, address, and telephone number of the waste generator and the site from which the waste was generated. 502.2 The name and address of the local Air Quality Management District in which the waste was generated. 502.3 The approximate amount of waste in cubic yards. 502.4 The name and telephone number of the disposal site operator. 502.5 The name and physical location of the disposal site. 502.6 The name, address, and telephone number of the transporter(s). 502.7 A certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway. Records shall be retained by the waste generator for a minimum of two (2) years and made available for inspection by the APCO. (Adopted December 4, 1991; Amended October 7, 1998) 11-2-503 Active Waste Disposal Site Records: 503.1 Waste Shipment Records: Waste shipment records as required by Section 11-2-305.4 shall include the following information: 1.1 The name, address and telephone number of the waste generator and the site from which the waste was generated. 1.2 The name, address and telephone number of the transporter(s). 1.3 The quantity of the asbestos-containing waste material in cubic yards. 1.4 The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. If this condition exists, report in writing to the APCO by the following working day. Submit a copy of the waste shipment records along with the report. 1.5 The date of receipt. Records shall be retained by the waste disposal site operator for a minimum of two(2)years and made available for inspection by the APCO. 503.2 Asbestos Waste Location Records: Maintain, until closure, records of the location, depth and area, and the quantity in cubic yards of asbestos- containing waste material within the disposal site on a map or diagram of the disposal area. Upon closure of the facility, submit a copy of records of asbestos waste disposal locations and quantities to the appropriate Local Enforcement Agency. (Adopted Dec. 4, 1998; Amended Oct. 7, 1998) 11-2-504 Conversion Operations: The owner or operator of a conversion operation shall maintain the following records: results of the start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristics and analyses of output materials; results of the composite analyses, continuous monitoring and logs of process operating parameters required in Section 11-2-607; the waste shipment records including the information required in Section 11-2-503 for all asbestos-containing waste received; and the name and location of the purchaser or disposal site and the date of sale or deposit for output materials. A person subject to this rule shall maintain records for two (2) years and make the records available for inspection by the APCO upon request.(Adopted December 4, 1991) 11-2-505 Recordkeeping: Surveys shall be kept for two years following the completion of removal of asbestos containing material. (Adopted October 7, 1998) 11-2-600 MANUAL OF PROCEDURES 11-2-601 Waste Disposal Warning Labels: Warning labels required by Section 11-2-304.1.1 must be as specified in the Manual of Procedures, Volume 1, Part 3 or by the Occupational Safety and Health Administration. (Amended October 7, 1998) 11-2-602 Warning Signs for Waste Disposal Sites: Warning signs required by Section 11-2- 305.1 must be as specified in the Manual of Procedures, Volume I, Part 4. Bay Area Air Quality Management District October 7, 1998 11-2-15 October 7, 1898) 11-2-60�3 Bulk Sampling Analysis: Asbestos bulk samples ae specified in Section 11'2-209 shall be analyzed as specified in Appendix A. Subpart F. 4UCFRPart 763. Section 1.7.2.4, Polarized Light Microscopy, Quantification of Asbestos Content. (Adopted Sept. 5. 198O; Amended Dec. 4. 1S91; Oct. 7. 1888) 11-2-604 Deleted October 7. 1SG8 11-2~605 Asbestos Content-TE8*: For conversion opnedione, asbestos content shall be determined using the National Institute of Standards and Technology (N|ST) approved Transmission Electron Microscopy(TEK8) method. (Adopted December 4. 1S91; Amended October 7. 18S8\ 11-2-606 Fabric Filters: The airflow permeability of fabric filters shall be as specified by AGTM Method D737-0g. (Adopted December 4. 19S1\ 11~2-607 Conversion Facility Performance Test: Prior to start upofan asbestos conversion facility subject to Sections 11-2-402 and 11'2-504. an owner or operator rnuod conduct a start-up performance teat as specified in 40 CFR Pod 81.155(b). Operations tests shall be performed aespecified in4OCFH Part G1.155(c)and (d). (Adopted December 4. 1R91) 11~2-608 Warning Signs for Transport Vehicles: Warning signs required by subsection 11- 2-3D4.5 must baao specified below: DANGER ASBESTOS DUST HAZARD CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY (Amended October 7. 1QR8) Bay Area Air Quality Management District October 7. 1988 | 11'2-1G ATTACHMENT C HISTORICAL EVALUATION Historical Evaluation -Alma College Site Midpeninsula Regional Open Space District May 27, 1999 Introduction In response to the request of the Midpeninsula Open Space District, Architectural Resources Group (ARG) has prepared a review of the demolition of several existing structures on the old Alma College Property in Los Gatos, California. Our review is based on the requirements of the California Environmental Quality Act(CEQA) to identify the impacts of proposed discretionary projects on historic and cultural resources. We have reviewed the historical resources in the project vicinity for eligibility for the California Register of Historic Resources (California Code of Regulations Title 14, Chapter 11.5, Section 4850). On May 18,1999, the ARG Architectural Historian visited the site. At that time, the buildings and surrounding landscape were photographed. The ARG Historian walked the site to gain a sense of the overall architectural character and historical context of the vicinity. A previous EIR for a Golf Course Development proposed for this site determined that two of the three buildings (the Tripp Residence and the Radio Tower Cabin) in question did not meet the criteria of the California Register. The third building (the Cabin to the north of the Tripp Residence) was not discussed in the previous environmental document. California Environmental Quality Act Under CEQA, a project that results in a"substantial adverse change" in the significance of an "historical resource" is a project that may have a significant adverse effect on the environment. Historical resources include, but are not limited to, "any object, building, structure, site, area, place, record or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific,economic, agricultural, educational, social, political, military, or cultural annals of California" (Cal. Pub. Res. Code § 5020.1 j). The Public Resources Code defines "substantial adverse change" as "demolition,destruction, relocation or alteration such that the significance of an historical resource would be impaired" (Cal. Pub. Res. Code § 5020.1q). Criteria of Evaluation CEQA requires that resources be evaluated using California Register criteria. The California Register criteria are modeled after the National Register of Historic Places (National Register)criteria; however, the California Register focuses on resources that have contributed to the development of California and its rural and municipal areas. Once a resource has been identified as significant and potentially eligible for the California Register, its historic integrity must be evaluated. Integrity is the authenticity of an historical resource's physical identity evidenced by the survival of characteristics that existed during the resource's period of significance. Integrity involves several aspects including location, design, setting, materials, workmanship, feeling and association. These aspects closely relate to the resource's significance and must be intact for California Register eligibility. The California Register of Historical Resources All resources listed in or formally determined eligible for the National Register are eligible for the California Register. In addition, properties designated under municipal or county ordinances are also eligible for listing in the California Register. An historical resource must be significant at the local, state, or national level under one or more of the following ARCHITECTURAL RESOURCES GROUP Architects, Planners &Conservators, Inc. Historical Evaluation,Alma College Site Midpeninsula Regional Open Spa=e District MaY z7, 1999 Page z criteria that are defined in the California Code of Regulations Title 14, Chapter 11.5, Section 4850. 1. It is associated with events or patterns of events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; or 2. It is associated with the lives of persons important to local, California, or national history; or 3. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values; or 4. It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation. Site History While it is likely that Native-Americans inhabited the area in this vicinity,no assessment was made in regard to Native-American archaeological sites on the property for this review. Historic activity linked to early California European settlement within the project vicinity includes sawmill development in the 1850s. The firm of Webb and Howe operated a sawmill on the site. Exact locations of the sawmills are unknown. During the 1880s, several farms and ranches were established in this locale, although it does not appear that any buildings or farmsteads remain from that period on the subject property. As the 1906 earthquake caused considerable damage in this area of Santa Clara County, it is likely that any resources from that period may have been destroyed during that disaster. It is known that by 1894, James L. Flood developed an elaborate estate known as Alma Dale in the vicinity. Flood sold the property to Dr. Harry L. Tevis in 1905. The following year the estate was damaged in the earthquake and Tevis subsequently rebuilt and expanded the complex. Tevis' experimental garden became locally famous for its flowers and produce. Dr. Tevis died in 1934 and the property was sold to the Jesuit Order, who established the first theological college on the West Coast at this site. The Novitiate of Los Gatos incorporated some of the buildings from the Tevis estate and several new buildings were added to both the core campus area and to the surrounding hills. The use of the site was discontinued by the Jesuits in 1969. Since that time, several of the buildings associated with the Jesuit occupation of the site have burned or been demolished by subsequent users. Many of the remaining buildings,both at the core grouping and throughout the acreage, suffer from neglect and,unfortunately, have been heavily vandalized. After 1969, the site was leased by a private boys school, and then in 1984 it was occupied by the West Heights School. The buildings at the main campus area were last used in February 1994 by the school and have been abandoned since that time. The Midpeninsula Regional Open Space District has recently entered into a ten year lease on the land including the main buildings at the Theological College site and the surrounding ARCHITECrLMAL RESOURCES GROUP Architects, Planners &Conservators, Inc. Historical Evaluation-Alma College Site Midpeninsula Regional Open Space District May 27, 1999 Page 3 hillsides. The property includes approximately 260 acres. Several isolated buildings exist on this vast acreage that were likely originally built by the Jesuits for use on their property. Project Description The proposed project involves the demolition of three buildings scattered within the 260 acre site, removal of hazardous waste, and restoration of the surrounding area natural landscape. The demolition of the buildings is necessary as they are in extremely poor condition, are no longer used, have been heavily vandalized, and constitute a safety and fire hazard. Specific Building Descriptions and Historical Use Radio Tower Cabin This is a small one-story cabin sheathed in decorative red-colored asphalt shingles. The main gable roof is intersected by two cross gables at the entry. Several wood multi-paned windows are present throughout the cabin. Decorative wood trim is present at the roof line at exterior wall intersections. The cabin is in extremely poor condition and has been heavily vandalized in recent years. The cabin was likely built by the Jesuits to house radio equipment for an associated non- extant radio tower. It is rumored that this radio tower received some of the earliest West Coast transmissions regarding the December 7, 1941 Japanese attack on Pearl Harbor, Hawaii. This information has not been substantiated. Tripp Residence Located in the north-central area of the site, this one-story L-shaped residence is sheathed in wood shingles. The gable roofs cross at the corner of the L-shaped plan and are covered in asphalt shingles. The house is in extremely poor condition and has been heavily vandalized in recent years. The house was built as part of the dairy that provided milk,cream and other products to the Tevis estate. All the barns and outbuildings associated with the dairy process have been demolished and only this small residence remains. For a number of years, after the Jesuits abandoned the site, the house was occupied by Mary Tripp. However, in recent years, the house has been vacant. Cabin North of Tripp Residence This one-story rectangular cabin has a simple gable roof. Much of the exterior vertical wood siding has been stripped away, exposing the diagonal sheathing underneath. Two doors are present at the west side of the cabin indicating it may contain two small rooms for individual use. It is not known how this cabin was used; however, it does appear to date to after the Jesuits occupation of the site. ARCHITECTURAL RESOURCES GROUP Architects,Planners &Conservators, Inc. Historical Evaluation-Alma College Site Midpeninsula Regional Open Space District May z7, 1999 Page 4 Determinations of Eligibility California Re ig ster The three individual buildings that will be demolished under the proposed project do not appear to be individually eligible for the California Register. These individual resources fail to satisfy any of the four criteria of the California Register as they can not individually be linked to historic contexts within the criteria of consideration. They are not individually associated with persons or events significant to the history of the site, nor are they singular examples of their type and style of architecture. Lastly, each of resources does not have the integrity necessary for eligibility. While there appears to be a potential historic district present at the location of the main Alma Campus site, none of these resources are contributing to that historic district as they fall outside the likely boundaries of that potential historic district. Radio Tower Cabin While this cabin and the former radio tower represent one of the many activities of the Jesuits, the contribution made by these resources is not significant within the historical context of the site. As the radio tower is no longer extant, the history of the use of transmissions can no longer be fully conveyed by the resources present. Tripp Residence While this area of the site can be linked to the context of Dr. Tevis' presence, it lacks the significance and integrity necessary for eligibility. Cabin North of Tripp Residence This cabin does not appear to contribute to the understanding of the Jesuit use of the site and therefore lacks the significance necessary for eligibility. Project Impacts To Historic Resources As none of the three resources meet the criteria of the California Register of Historical Resources, under CEQA they do not constitute historic resources. As no historic resources are present there are no impacts to historic resources as a result of this project. ARCHITECTURAL RESOURCES GROUP Architects,Planners &Conservators, Inc. Historical Evaluation-Alma College Site Midperinsula Regional Open Space District MaY 27, 1999 Page 5 Bibliography Bennett, Mardi. Images of Long Ago: A Century of People, Places and Progress in the Town of Los Gatos and the Cities of Saratoga and Monte Sereno. Los Gatos: Marben Associates, 1987. Bruntz, George G. The History of Los Gatos: Gem of the Foothills. Fresno, CA: Valley Publishers, 1971. Butler, Phyllis Filiberti. The Valley of Santa Clara : Historic Buildings, 1792-1920 with architectural supplement by the Junior League of San Jose. San Jose: Junior League of San Jose, 1975. DeMers, Donald 0. Jr. and Ann M. Whitesell. Santa Clara Valley: Images of the Past. San Jose: San Jose Historical Museum Association, 1977. Gebhard, David. Architecture in San Francisco and Northem Califomia. Salt Lake City: Peregrine Smith, 1985. Goss, Gary A. Index to the Architect and Engineer Volumes 1-95: 1905-1928. San Francisco: California Historical Society, 1982. Jacobson, Yvonne. Passing Fanns, Enduring Values: California's Santa Clara Valley. Los Altos: W. Kaufmann and the California History Center, De Anza College, Cupertino, California, 1984. Lowell, Waverly B.Architectural Records in the San Francisco Bay Area: A Guide to Research. New York: Garland Publishing, Inc., 1988. Nolte and Associates. Los Gatos Country Club Draft EIR. July 1995. Northwest Information Center. California Historical Resources Information System. Historic Property Date File for Los Gatos. McArthur, Seonaid. Water in the Santa Clara Valley: A History. Cupertino: De Anza College, California History Center, Cupertino, California and the Santa Clara Valley Water District, 198 1. Pace, Pauline. Santa Clara County Heritage Resource Inventory. San Jose, Ca: Santa Clara County Historical Heritage Commission, 1975. Payne, Stephen M. Santa Clara County : Harvest of Change. Northridge, CA : Santa Clara County Historical Heritage Commission Windsor Publications, 1987. Woodbridge, Sally. California Architecture: Historic American Buildings Survey. San Francisco: Chronicle Books, 1988. ARCHrrECTURAL P.Esoupgs GRoup Architects,Planners &Conservators,Inc. ATTACHMENT D CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCE CONTROL FACT SKEET: ASBESTOS HANDLING AND DISPOSAL FACT SHEET ASBESTOS HANDLING AND DISPOSAL march 1988 Classification The Department of Health Service has classified friable, finely divided, and powdered wastes containing greater than one percent (l. o%) asbestos as hazardous waste.. Asbestos includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. A "friable" waste is one which can he reduced to a powder or dust under hand pressure when dry. Non-friable, asbestos-containing wastes are considered to be nonhazardous (regardless of their asbestos content) , and are not subject to regulation under Title aa , Division 4, Chapter 30 of the- California Code of Regulations (CCR) . The management of such wastes remains subject to any requirements or restrictions hich may be imposed by other regulatory agencies operating under separate authority. The classification standard is found in section 66699 of Title 22, CCR. Test Method Testing for asbestos in bulk samples must be done using the polarized light microscopy method described in the Federal Register, volume 47, Number 103, Appendix A, pages 23376-23389, May 7, 19a2 (also published in Title 40, Code of Federal Regulations, Pare 763 as "Appendix A to Subpart F - interim Method of the Determination of Asbestos in Hulk Insulation samples" . Pursuant to section 25198 (a) of the California Health and Safety Code, testing for any purpose under the Hazardous Paste control Law must be performed by laboratories which are certified for hazardous vests testing according to the requirements and procedures of Article 33 , CCR. The Department certifies laboratories for bulk asbestos tasting, but does not certify laboratories for air testing at this time. Current costs for The bulk asbestos testing range from $25 tm $loo per sample. average cost is $50 per sample. Handlin4 and Transport Asbestos wastes must-- be •-handl-ed-•-and tT*nsP*rteN* in one of the - " following ways: - 1 - a) In sealed non-returnable containers (e.g. , double plastic bags of 6 nil thickness, cartons, drums or cans) from which fibers cannot escape. Wastes within the container should be wetted to prevent blowing of fibers in case the container is broken; or b) in closed vehicles (e.g. , covered drop boxes or canvas covered truck boxes) if wastes are too bulky to enclose in sealed containers and provided the wastes are wetted to prevent blowing dust. Asbestos Wastes totalling more than 50 lbs. must be transported by a registered hazardous waste hauler to an approved treatment, storage, or disposal facility. Pursuant to Section 25163 (c) of the Health and Safety Code, persons generating and transporting less than 50 lbs. of a hazardous waste to a permitted hazardous waste facility are exempt from this requirement (and the requirements concerning possession of the manifest while transporting hazardous waste) upon meeting all of the following conditions: a) The hazardous wastes are transported in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during the transporting. b) Different hazardous waste materials are not mixed within a container during the transporting. c) The person transporting the hazardous waste is the producer of that hazardous waste, and the person produces no more than 100 kilograms of hazardous waste in any month. Labels Caution labels are required on containers or drop boxes and must be in conspicuous legible lettering which spells out the followinq or equivalent Warning: CAUTION Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm The Deparrment of Transportation does not ire placarding on transport vehicles. . Manifest ' Except as provided by Section 25163 (c) of they Health and Safety Code, any hazardous wasters which are transported to a 2 disposal site must be accompanied by a properly completed Uniform Hazardous haste Manifest. The generator roust obtain an EPA number. Generators who already nave an EPA number for wastes routinely generated in the course of their businesses do not need a separate number for asbestos wastes. $$one-time only" EPA numbers can be obtained by calling the Department of Health services at (916) 324-1761. A special number for residential removals is also available by calling this same number- Applications for EPA numbers for multiple removals are available from the Department at (916) 324-1781. The generator and disposal site operator must, on a monthly basis, return a copy of each manifest used or received to the Department. Disposal site operators send to: Department of Health Services Toxic substances control Division P.O. Box 3000 Sacramento, CA, 95812 Generators send to: Department of Health Services Toxic Substances Control Division P.O. Box 400 Sacramento, CA 95802 For copies of blank manifests write to: Department of HealtA Services Toxic Substances control Division Attn: Manifest Processing Unit 714/744 P Street P.O. Box 942732 Sacramento, CA 94224-7320 Pursuant to changes which were published in the Federal Reqistar (No. 225, November 25, 1996, paga 42175) and which became effective on July 1, 1987 , the proper U.S. DOT description for waste asbestos is: "Hazardous Waste; Solid, N.O.S. , ORM-E, NA9189 (Asbestos) (RO) " ui - 3 - s Distaosal Pursuant to Section 25143 . 7 of the Health and Safety Code, wastes containing asbestos May be disposed of at any landfill which has waste discriarge requirements issued by the Regional Water Quality Control Board that allow the disposal of such Waste, provided that the wastes are handled and disposed of in accordance with the Toxic Substances Control Act (P. L. 94-469) and all applicable laws and regulations. Provisions of the Toxic Substances Control Act (TSCA) are found in Title 40, Code of Federal Regulations, Part 763 - otner applicable laws and regulations include the clears Air Act's National Emission Standards for Hazardous Air pollutants (NESHAPs) , and Title- 22, California Code of Regulations, Division 4, Chapter 30 (Minimum Standards for the Management of Hazardous and Extremely Hazardous Wastes) . The National Emission Standard for Asbestos is found in Title 40, Code of Federal Regulations, Part 61, Subpart M. The non-returnable containers must not be opened, broken, or ruptured during disposal. Advance arrangements must be made with the site operator to ensure that the asbestos containing waste is covered within 24 hours with a minimum of six inches of non-asbestos material, normally soil, or• a dust supressing chemical. The public must be prohibited .from areas where uncovered asbestos is present. Landfill �-' operators must ensure that compacting equipment Bogs not become contaminated with asbestos dust. Fees and Taxes State law imposes a fee and tax on the land disposal of hazardous `caste. Additionally, a gee is imposed on generators of more than five tons/site/year of hazardous waste (regardless of disposition) . Fees and taxes apply to asbestos removals and are generally payable directly by the generator of the asbestos waste. In this context, the "generator" is the person who has arranged for the asbestos removal. The annual Hazardous Substance Account (HSA) • tax is payable July I. of each year. The HSA tax is calculated after the Hoard of Equalization receives disposal returns due March 1 of each year. Persons who disposed of more than 500 pounds per year of asbestos will be contacted directly by the Board for verification of the amounts disposed. The Hazardous Waste. Control Account (HWCA) fees are payable quarterly or semi-annually directly by generators who have disposed of more than 500 pounds per year of wastes to land. If the asbestos removal involved less than 500 pounds, the disposal- fee is-payable-by—the -facility which accepted the waste. • if the removal involves amounts over 500 pounds, the manifest should include the generator's Board of 4 - Equalization taxpayer number (listed in Section 2 of the manifest) , A Board of Equalization taxpayer number can tE obtained from the Hoard by calling (916) 322-9070. Additional information on current hazardous waste fees and taxes can be obtained from the Hoard of Equalization at this same number, or the Department of Health Services at (916) 324-1781. Obtaining Further Assistance For additional information on regulations governing the: management of c3be3tos wastes in California, write or call the Toxic Substances Control Division office nearest you: Department of Health services Toxic substances Control Division Northern California Section 4250 Power Inn Road Sacramento, CA 95626 (916) 739-3145 Department of Health Services Toxic Substances Control Division Fresno District Office 5545 East Shields Avenue Fresno, CA 93727 (209) 443-5938 Department of Health Services Toxic Substances Control Division North Coast California Section 5850 Shellmound St. , suite 390 Emeryville:, CA 94608 (415) 540-2043 Department of Health Services Toxic Substances Control Division Southern California Section 107 So. Broadway, Room 7011 . Lae Angeles, CA 90012 (213) 620-2380 Other agencies that regulate asbestos wastes in California are: 1. California States Licensing Hoard Effective January 1, 1987 , asbestos removal, and abatement contractors have to be certified by the State Licensing Board. Cell (916) 366-5153 for further information on the certification requirement, or to obtain a list of certified contractors. _-- - 5 - 2 . Ca 1-:QSFiA A contractor must register with Cal-OSFiA`S carcinogen Unit prior to any work involving asbestos. Call (415) 557-2037 for information on registration and notification requirements. Questions Concerning occupational standards may also be addressed to Cal-OSHA. 3 . Local Air Po Jut ioD Control District Many of the Local Air Pollution Control Districts in California have been given authority to enforce the National Emission Standards for Hazardous Air' Pollutants (NESHAPs) Which include asbastos. In addition, these ..local agencies have special notification requirements when asbestos demolition or renovation operations are undertaken. Check local listings to contact these agencies for further information. 4 . U.S. Environmental Frotection Agency (r6A) EPA also has special notification requirement= pertaining to asbestos demolition and renovation operations. Call (415) 974-7633 for further information regarding rule compliance. `... For information regarding asbestos identification, health effects, abatement options, analytical techniques, monitoring, asbestos in schools, and contract documents, call the EPA Regional Asbestos Coordinator at (415) 974-7551. other sources of information and assistance include: 1. EPA TSCA Hotline, Washington, D.C. (202) 554-1404 . General information concerning federal requirements in the areas of industrial and Commercial notification procedures, school programs, analytical methods, abatement projects, and product use restrictions. 2. Paci r c1s Informat-Lon Center - V.C. Extension, Berkeley, CA. . (415) 643-7143. Continuing education and training for individuals and groups involved in the management, evaluation, and abatement of asbestos Aazards. 3 . Qonsumar Y QI= �, Washington, D.C. (800) -.� p aduat 3afet C lesion - 638-2772. Information concerning the identification and abatement of asbestos hazards in the home. Informations on asbestos in certain consumer products is also available. 4• Toxice - San Francisco, CA. in-state (000) 233-3360, out-of-state (415) 821-5338 . General information. 5 • Nationail Asbestos Council - Decatur, GA. (404 ) 292-3802 , �-- Collects, generates, and disseminates infortr,ation to building owners, interested professionals, and the public concerning asbestos in buildings. 6 • Labor Occupational Health Proaram - Berkeley, CA. 415) 642-5507.. Addresses concerns regarding (occupational exposure, 7 - Revised 3/ 14 /88 Attachment 2 Response to Comments on Mitigated Negative Declaration Regional Open ace ---------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 25, 1999 Harry Y.Yahata,District Director Jean C. R Finney, District Branch Chief Department of Transportation State of California Business, Transportation and Housing Agency P.O. Box 23660 Oakland, CA 94623-0660 Re: Addition to Bear Creek Redwoods Open Space Preserve Response to Comments, Mitigated Negative Declaration, State Clearinghouse Number 99062012 Dear Mr.Yahata and Ms. Finney: Thank you for your comments on the Proposed Mitigated Negative Declaration and Initial Study assessing potential impacts to the environment as a result of the Addition to Bear Creek Redwoods Open Space Preserve. The following responds to the Department of Transportation's specific concerns. a. Although the proposed project would include trail use,the proposed project is not considered a trail restoration project. Mitigation Measure HYDRO.2(Initial Study,p. 33)is a trail maintenance mitigation measure which will reduce runoff and erosion to insignificant levels. The District understands the importance of this mitigation measure,particularly because of the proximity of the project to Lexington Reservoir. In addition,the District will comply with any applicable County or Regional Water Quality Control Board requirements regarding erosion control. b. The proposed project includes the use of existing trails and roadways that would be opened to the public at some time in the future. The project would not create new trails or roadways,and no additional trail or roadway construction is included as a part of the project. Trail maintenance would include regular clearing of all drainage facilities, regular monitoring of trail erosion, revegetation of eroding slopes,temporary trail closures, and minimal clearance of vegetation alongside trails. Water bars and channelization would not be used to change existing drainange patterns,but to reduce erosion and sedimentation, and maintain the existing storm runoff and drainage patterns. C. The District sent a Notice of Intent to Adopt the Mitigated Negative Declaration and a copy of the Initial Study to the Santa Clara Valley Water District, and the District welcomes any comments from the Water District. The proposed remediation of the landslide area along Webb Creek would require a permit from the Santa Clara Valley Water District,and the Water District would therefore have an additional opportunity to review plans to remediate the landslide along Webb Creek. d. On June 24, 1999,District staff spoke with Ms. Abbe Hoensheid in the Caltrans, District 4 Transportation Planning Branch office. Ms.Hoenshein indicated that the Caltrans Geotechnical staff was not going to submit a comment on the Proposed Mitigated Negative Declaration and Initial Study at this time. However,it was her understanding that the Geotechnical staff would like to stay informed about the project. 330 Distel Circle . Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX:650-691 0485 - E-mail: mrosdrropenspace.org Web site:evww.openspace.org board of Oiw(tor,:Pete Siemenv,tvtary C. Davey,lets Cer, Deane Little Nonette Hanko, Betsv Crow ler, Kenneth C. Nitz - General Man,t,Q(,r L.Crait;Britton r Mr. Harry Y.Yahata Ms.Jean C. R.Finney Department of Transportation June 25, 1999 Page 2 e. The project does not include work within the State right-of-way. However,if in the future the District were to undertake any work or traffic control within the State right-of-way,that work or traffic control would include an encroachment permit from Caltrans. Thank you again for reviewing the Proposed Negative Declaration and Initial Study for the Addition to Bear Creek Redwoods Open Space Preserve. The hearing on this matter is scheduled for Monday, June 28, 1999, at 7:30 p.m. at the Midpeninsula Regional Open Space District, 330 Distel Circle,Los Altos, CA. S' , L. Craig Britton General Manager cc: Board of Directors, Midpeninsula Regional Open Space District Regional Open ice 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 25, 1999 Hugh Graham Development Review Manager San Jose County Planning Office County Government Center, East Wing, 7`h Floor 70 West Hedding Street San Jose, CA 95110-1705 Re: Addition to Bear Creek Redwoods Open Space Preserve Response to Comments,Mitigated Negative Declaration, State Clearinghouse Number 99062012 Dear Mr.Graham: Thank you for your oral comments on the Proposed Mitigated Negative Declaration and Initial Study assessing potential impacts to the environment as a result of the Addition to Bear Creek Redwoods Open Space. In response to your specific comments concerning the shortened review period and at thus far County staff has not located a use permit for the horse stable operation: 1. Pursuant to the California Environmental Quality Act,the District requested and obtained a shortened review period from the State Clearinghouse. 2. Upon the close of escrow,as a part of the new lease that would be executed between the District and stable lessee,the stable lessee would be required to obtain all applicable permits for the stable operation. Thank you for taking the time to review the Proposed Mitigated Negative Declaration and Initial Study. The hearing on this matter is scheduled for Monday,June 28, 1999 at 7:30 p.m. in the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA. Please feel free to contact Del Woods or me if you should have any further questions, or need further information. nice y, L. Craig ritton General Manager cc: Board of Directors,Midpeninsula Regional Open Space District 3,30 Distel Circle a Los Altos, CA 94022-1404 . Phone: 650-691-1200 LAX:650-691-0485 . E-mail: mrosda open spa ce.org Web site:www.openspace.org Ho,itd w DHector,':Pete yiemen,, Mary C. Davey, led Cvr, Deane L ittle, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz -General L.Craig Britton Attachment 3 Mitigation Monitoring Program MITIGATION MONITORING PROGRAM ADDITION TO BEAR CREEK REDWOODS OPEN SPACE PRESERVE INTRODUCTION This mitigation monitoring program(MMP)describes the mitigation monitoring process for the project, the Addition to Bear Creek Redwoods Open Space Preserve. The MMP also describes the role and responsibilities of the Midpeninsula,Regional Open Space District(the District)in ensuring the effective implementation of the mitigation measures the District adopts. The Midpeninsula Regional Open Space District is an independent special distric�with an elected board of directors,formed to acquire,preserve,and maintain open space. As a special district established under California's Public Resources Code(section 5500, etseq),the Midpeninsula,Regional Open Space District is a public agency. The California Environmental Quality Act(CEQA), in Section 21081.6 of the Public Resources Code, requires a public agency to adopt a monitoring or reporting program when it approves or carries out a project for which a Mitigated Negative Declaration has been adopted. The Midpeninsula,Regional Open Space District sponsored and acted as lead agency in the preparation of an Initial Study and Mitigated Negative DecW-Ationl that assessed the possible environmental effects of the acquisition of 260 acres to expand Bear Creek Redwoods Open Space Preserve. As required by Section 15097 of the CEQA Guidelines,the lead agency for the Mitigated Negative Declaration remains responsible for monitoring implementation of the mitigation measures in accordance with the MMP. The purpose of this mitigation monitoring program is to ensure that measures adopted to mitigate or avoid significant environmental impacts in the Mitigated Negative Declaration are implemented. The Midpeninsula Regional Open Space District views the monitoring program as a means of incorporating the mitigation measures for its acquisition to expand Bear Creek Redwoods Open Space Preserve into this project. All of the mitigation measures set out in the Mitigated Negative Declaration--including those required by CEQA and those not required by CEQA—have been incorporated in the project design, as described in the staff report,dated June 25, 1999,to the Board of Directors of the Midpeninsula,Regional Open Space District. PROJECT BACKGROUND The project sponsor and lead agency for the Mitigated Negative Declaration,the Midpeninsula Regional Open Space District(District),proposes to expand the approximately 800-acre Bear Creek Redwoods Open Space Preserve with a 260-acre acquisition of adjacent land. This project would include acquisition of the site, including the vacant Alma College complex,and continuation of some existing operations: a I State Clearft�No.9962012,June 3,1999. Nfitigation Momtonng Program for thic,Addition to Bea Creck Redwoods Open Space Preserve ESA/990248 N._ ..ATION MONPPORING PROGRAM caretaker,a stable operation,and access by some nearby residents to trails. The project would also require demolition of three existing structures and removal of hazards materials and repair of a landslide along Webb Creek. The project anticipates opening the site to the public for trail use in the future,although the date is unknown at this time. In accordance with the California Environmental Quality Act(CEQA),the Midpeninsula Regional Open Space District prepared a Mitigated Negative Declaration that evaluates the potential environmental impacts of the 260-acre acquisition. In completing the Initial Study process,the District determined that the project would have potentially significant impacts in the following areas: • Air Quality; • Cultural Resources; • Hazards and Hazards Materials; • Hydrology and Water Quality; • Noise; • Transportation/Traffic. In the instances where the environment could potentially be significantly affected by the project, appropriate mitigation measures were identified for adoption. Each of the identified impacts can be mitigated to avoid the impact or to reduce it to a less than significant level. The Midpeninsula Regional Open Space District also determined that,although the impact of the project would be less than significant,the District would require additional mitigation measures in the following areas,even though such measures are not required by CEQA: • Biological Resources(Mitigation Measures BIO.1,BIO.2 and BIO.3); • Cultural Resources(Mitigation Measure CUL.1); • Hydrology and Water Quality(Mitigation Measure HYDRO.1); • Public Services(Fire Protection)(Mitigation Measures FIRE.l and FIRE.2). ROLES AND RESPONSIBILITIES As the lead agency under CEQA,the Midpeninsula Regional Open Space District is required to monitor this project to ensure that the adopted mitigation measures are implemented effectively. The District will be responsible for ensuring full compliance with the provisions of this monitoring program and has primary responsibility for implementation of this monitoring program,although it is permitted to delegate this responsibility to other public agencies or private entities. The purpose of this monitoring program is to document that the mitigation measures adopted by the District are implemented. MitiBats'on Monitoring program for the Addition to Bear Creek Redwoods Open Space Preserve -2- ESA/990248 M,_ —ATION MONITORING PROGRAM MITIGATION MONITORING PROGRAM The table attached to this program presents a compilation of the Mitigation Measures in the Initial Study and Mitigated Negative Declaration. The purpose of the table is to provide a single comprehensive list of mitigation measures, implementation,oversight responsibility and timing. DISPUTE RESOLUTION PROCESS The Mitigation Monitoring Program is expected to reduce or eliminate many potential disputes. However,in the event a dispute occurs,the following procedure will be observed: Step 1: Disputes and complaints(including those of the public)shall be directed first to the staff designated by the Midpeninsula Regional Open Space District(the District)for resolution processes: Senior Acquisition Planner Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-2404 The stuff will attempt to resolve the dispute,and may initiate enforcement or compliance action to address the deviation from the proposed project or adopted Mitigation Monitoring Program. Step 2: If a dispute or complaint regarding the implementation or evaluation of the Mitigation Monitoring Program or the Mitigation Measures cannot be resolved at Step 1 informally or through enforcement of compliance actions by the District staff,any affected participant in the dispute or complaint or member of the public may file a written complaint with the District Board of Directors. Such a complaint should be addressed to: President of Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 The Board will then agendize the matter at the next available Board meeting for action. Mitigation Monitoring Program for the Addition to Bear Creek Redwoods Open Space Preserve -3- ESA/990248 MITIGATION MONITORING PROGRAM MITIGATION MONITORING TABLE ................... ... ... ..... U-111111111.x... AQ 1: ne project's demolition and AQ.1: The Mdpeninsula Regional Open Space District The District and all private entities Open Space Prior to any landslide remediation activities would C'Districf)shall implement BAAQMD basic control that contract with the District to Planner H, demolition or conflict with or obstruct measures to control dust during excavation and undertake demolition and/or District excavation activities, implementation of the Bay Area Air demolition activities. excavation activities at the project the BAAQMD basic Quality Management District's site will provide and implement a control measures will (13AAQMD)BAAQMD CEQA [MiAgetion Measwe Requh-edl dust abatement program satisfiwtory incorporated into the Guidelines. to the District and in compliance project and will be a with BAAQMD basic dust control provision of any measures. This mitigation measure contract to undertake will be a condition of any contract these activities. for such work. AQ.2: The Midpeninsula Regional Open Space District The District and all private entities Open Space Prior to any C'District')shall comply with BAAQN1D's Regulation that contract with the District to Planner H, demolition or 11,Rule 2,which sets forth specific requirements undertake demolition and/or District excavation activities, related to asbestos demolition or removal. See excavation activities at the project the BAAQMD Attachment A of Mtigated Negative Declaration for the site will provide and implement an Regulation 11,Rule 2 full text of Regulation 11. Compliance with Regulation asbestos removal program will incorporated into I I would be sufr1cient to reduce the potential hazards of satisfactory to the District and in the project and will be asbestos removal to less than significant. compliance with BAAQMD a provision of my Regulation 11,Rule 2. This contract to undertake [Midgadon Measswe Requiredl mitigation measure will be a these activities. condition of any contract for such work. Mitigation Monitoring Program for the Addition to ESA980422 Bear Creek Redwoods Open Space Preserve MITIGATION MONITORING PROGRAM .......... K, ..........:,:, .. ............ .. ................... . .. ........ . ............... ..... ...................................I 1310.1: A 1997 EIR for much of the 1310.1: The District shall restrict public access to The District and all private entities Open Space The survey will begin project site included an extensive emsting trails and roadways on portions of the prcject that contract with the District to Planner H, immediately upon the biological survey and it concluded site uritil the District undertakes a comprehensive undertake trail maintenance or District close of escrow. that no candidate,sensitive or special resurvey of biological resources in the proposed project maintenance,demolition or District requirements status species inhabit the project site. area,to document any species identified as a candidate, excavation activities at the project prohibiting access to However,the District has a sensitive,or special status species by a local,or regional site. District requirements sensitive habitats and longstanding policy of conducting plan,policy or regulation or by the California prohibiting access to sensitive compliance with surveys of any land it acquires. To Department of Fish and Game or the U.S.Fish and habitats and compliance with restnetions to portions avoid public access to the project Wildlife Service. As part of its Comprehensive Use restrictions to portions of the project of the project site will inadvertently impact as a candidate, and Management Plan,the District shall prohibit public site will be a condition of any be a provision of any sensitive,or special-status species access to any habitat used or occupied by a sensitive contract with the District contract with the designated by a local or regional plan, plant and/or animal species,in accordance with the District. policy or regulation,or by the Resource Conservation Element of the Santa Clara California Department of Fish and County General Plan and other applicable policies and Game or the U.S.Fish and Wildlife regulations,in the event any such species are observed Service,this mitigation measure is in the future. adopted although not required. In addition,the District will follow standard practices for managing trails and roads to prohibit access to sensitive habitats as follows: I. In areas where trails and roads are determined to encroach in a sensitive habitat,seasonal or complete closure of the area will occur to avoid impacts. Access will be prohibited by clearly designating trails as closed,and installing appropriate signs and copriate barriers to prohibit unauthorized use. 2. Notice of trail closures will be posted at all trail entrances. 3. Periodic monitoring of known sensitive habitats near trails will be conducted to determine if unauthorized trail use is occurring and whether additional measures,such as increased enforcement,are necessary. IMirigation Measure Discretionary But Required by the Districtl Mitigation Monitoring Program for the Addition to ESA980422 Bear Creek Redwoods Open Space Preserve -5- MITIGATION MONITORING PROGRAM .............. ................. ........ .. ........ --------- ............... 0 ....... I ....I ------------ ... ... .. .. .....-:-, ........... ... ...... .. SO . ..... ..... ... ... ..... ....... ..... —:7 ........ ............. ------------ BIO.2: A1997 EIR for much of the BIO.2: The District shall restrict public access to The District and all private entities Open Space The survey will begin project site included an extensive existing trails and roadways on the project site until the that contract with the District to Planner II, immediately upon the biological survey and it concluded District undertakes a comprehensive re-survey of undertake trail maintenance or District close of escrow. that no riparian or other potentially biological resources in the proposed project area,to maintenance,demolition or District requirements sensitive natural communities exist on document any riparian and other potentially sensitive excavation activities at the project prohibiting access to the project site. However,the District natural ammunities identified in a local,or regional site. District requirements riparian and other has a longstanding policy of plan,policy or regulation or by the California prohibiting access to riperian or potentially sensitive conducting surveys of any land it Department of Fish and Game or the U.S.Fish and other sensitive natural communities natural communities acquires. To avoid,public access to Wildlife Service. As part of its Comprehensive Use and compliance with restrictions to and compliance with the project site could inadvertently and Management Plan,the District shall restrict access portions of the project site will be a the District's impacting a riparian or other to these riparian and natural communities,in condition of any contract with the restrictions to portions potentially sensitive natural accordance with the Resource Conservation Element of District. of the project site will community identified in a local or the Santa Clara County General Plan and other be a provision of any regional plan,policy or regulation,or applicable policies and regulations,if any such contract with the by the California Department of Fish communities are observed in the future. District. and Game or the U.S.Fish and I. In addition,the District will follow standard Wildlife Service this mitigation practices for managing trails and roads to prohibit measure is adopted although not access to sensitive riparian and natural communities required. as follows: 2. Notice of trail closures will be posted at all trail entrances. 3. Periodic monitoring of known sensitive riparian and natural communities near trails will be conducted to determine if unauthorized trail use is occurring and whether additional measures,such as increased enforcement,are necessary. JMkigation Measure Discretionary But Required by the Distrial Mitigation Monitoring Program for the Addition to ESA 980422 Bear Creek Redwoods Open Space Preserve -6- MITIGATION MONITORING PROGRAM ........ .... KIM% ... ... ... ............... .............................. .............. ... ........ ....... .......... ............... ..... ..... .... ....... .... ........ .......... BIO.3: A 1997 EIR for much of the BIO.3:The District shall restrict public access to The District and all private entities Open Space The survey will begin project site included an extensive existing trails and roadways on the project site until the that contract with the District to Planner H, immediately upon the biological survey and it concluded District undertakes a comprehensive re-survey of undertake trail maintenance or District close of escrow. that no federally protected wetland biological resources in the proposed project area,to maintenance,demolition or District requirements areas exists on the project site. document all federally protected wetland areas. As pad excavation activities at the project prohibiting access to However,to avoid public access to of its Comprehensive Use and Management Plan,the site. District requirements federally protected the project site inadvertently District shall restrict access to wedand areas from prohibiting access to wetlands and wetland areas and impacting a federally protected inappropriate duect public contact,in accordance with sensitive habitats and cotnphance compliance with the wetland,this mitigation measure is the Resource Conservation Element of the Santa Clara with restrictions to portions of the District's restrictions adopted although not required. County General Plan and other applicable policies and project site will be a condition of any to portions of the regulations. contract with the District. project site will be a provision of any In addition,the District will follow standard practices contract with the for managing trails and roads to prohibit access to District. sensitive wetland areas as follows: I. In areas where trails and roads are determined to encroach in a sensitive wetland,seasonal or complete closure of the area will occur to avoid impacts. Access will be prohibited by clearly designating trails as closed,and installing appropriate signs and appropriate barriers to prohibit unauthorized use. 2. Notice of trail closures will be posted at all trail entrances. 3. Periodic monitoring of known sensitive wetlands near trails will be conducted to detennine if unauthorized trail use is occuning and whether additional measures,such as increased enforcement, are necessary. [Migation Measure Discretionary But Required by the Districtl Mitigstion Monitoring Program for the Addition to ESA980422 Bear Creek Redwoods Open Space Preserve -7- MITIGATION MONITORING PROGRAM .......... ............. ........................ .......... . ......... . ........ .... . .. . CUL.1: No substantial adverse CUL.1: In the event that,after the planning process is The District and all public or private Open Space lnimediately following change to the Alma College buildings, cornpleted pursuant to the Open Space Management entities contracted by the District to Planner H, the completion of the an historic resource,would occur as a Planning Process2 and Policies Regarding undertake construction work to allow District Planning process result of the proposed project. Improvements on District Lands�it were determined public access to the Alms College pursuant to the Open However,a mitigation measure would that public use of any of the Alma College campus buildings at the project site. This Space Management firither assure protection of this buildings would occur,the District shall avoid any mitigation measure will be a Process and Policies historic resource. substantial adverse change to any e)ustuig historic condition of any contract for such Regarding resource on the project site by requiring that any re-use work. Improvements on or renovation comply with the U.S.Secretary of District Lands. Prior Interior's Standardsfor the Treatment offfistoric to any re-use or properties(1995).4 renovation of the Alma College [MuVetwn Measure Discretionary But Required by buildings,the the District] requirement that the re-use or renovation comply with the U.S. Secretary ofinterior's Standardsfor the Treatment offfistoric Properties will be incorporated into the project and will be a condition of any contract for such work. 2 Midpeninsula Regional Open Space District,Open Space Use and Management Planning Process,March 13,199 1. 3 Midpeninsula Regional Open Space District,Policies Regarding Improvements on District Lands,Amended October 10, 1984. 4 Weeks,Kay D.and Anne E.Grimmer,The Secretary of the Interior's Standardsfor the Treatment of Historic ProperWes with Guidelinesfor Preserving,Rehabilitating,Restoring& Reconstructing Historic Buildings,1995. Mitigation Monitoring Program for the Addition to ESA 980422 Bear Creek Redwoods Open Space Preserve -8- MITIGATION MONITORING PROGRAM ...................... .............................1.1: ........... -------- .......... CUL.2: The proposed project would CUL.2: In the event human skeletal remains are The District and all public or private Open Space Immediately upon require excavation in the landslide encountered,the project sponsor is required by County entities contracted by the District to Planner II, discovery of the area along Webb Creek- Although the Ordinance No.B6-18 to immediately notify the County manage trails or undertake District resource. The District site is disturbed and consists in large Coroner. Upon determination by the County Coroner maintenance,demolition or requirement that all part of building materials from a that the remains are Native American,the Coroner shall excavation activities at the project work cease demolition,archaeological resources contact the California Native American Heritage site. This mitigation measure will be immediately if human (artifacts)have been identified near Commission,pursuant to subdivision(c)of section a condition of any contract for skeletal remains or Briggs Creek. The following 7050.5 of the Health and Safety Code and the County maintenance,demolition or artifacts are mitigation measure would assure Coordinator of Indian Affairs. If artifacts are found on excavation activities performed at encountered will be a protection of any archaeological the site,a qualified archaeologist shall be contacted the project site. provision of any resource found as a result of the along with the County Planning Office. No farther District contract to project. disturbance of the artifacts may be made except as perform maintenance, authorized by the County Planning Office. demolition or excavation activities at JMkWadon Measswe Requwedl the project site. CUL.3: The proposed project would CUL.3: I�in the course of repairing the landslide area The District and all public or private Open Space Immediately upon require excavation in the landslide along Webb Creek,paleontological resources are found, entities contracted by the District to Planner II, discovery of the area along Webb Creek. Although the all work shall cease immediately,and a qualified manage trails or undertake District resource. The District site is disturbed and consists in large archaeologist or paleontologist shall be contacted along maintenance,demolition or requirement that all part of building materials fiwn a with the County Planning Office. No firther excavation activities at the project work cease demolition,paleontological resources disturbance of the paleontological resources shall be site. This mitigation measure will be immediately if any have been identified in Santa Clara permitted except as authorized by the County Planning a condition of any contract to paleontological County. The following mitigation Office. perform maintenance,demolition or resources are measure would assure protection of excavation activities performed at encountered will be a any paleontological resource found as IM09atiOn Meassdre Requiredl the project site. provision of any a result of the project District contract to perform maintenance, demolition or excavation activities at the project site. Mitigation Monitoring Program for the Addition to ESA980422 Bear Creek Redwoods Open Space Preserve -9- MITIGATION MONffORING PROGRAM ........... ------ ...... ........................ ... . -4 ........... X-------------- ------------- XX, HAZ.1: The proposed project could HAL 1:The District shall remove the soil and debris The District and all public or private Open Space Prior to remediation of result in a significant hazard to the containing asbestos to an approved storage facility. If entities contracted by the District to Plarmer H, the landslide area,this environment,from building materials the asbestos waste exceeds 50 lbs.,it must be undertake demolition or excavation District mitigation measure containing asbestos,through the transported by a registered hazardous waste hauler to an activities at the project site. This will be incorporated disposal of hazardous materials along approved treatment, storage,or disposal facility. To mitigation measure will be a into the landslide Webb Creek. prevent asbestos particles from being entrained in the provision of any contract to perform remediation plan and air while handling and transporting,the asbestos such work. will be a provision of material shall be wetted and deposited in scaled non- any contract to returnable containers from fibers cannot escape. undertake these Removal must comply with Regulation 11,Rule 2, activities. Demolition,Renovation andManufacturing,of the Bay Area Air Quality Management District. [Maigation Measure Requwe4 HAZ.2: The proposed project could HAZ.2: The District shall test this material,and if it The District and all public or private Open Space Prior to remediation result in a significant hazard to the contains asbestos,the building shall be dismantled so as entities contracted by the District to Plarmer H, of the landslide area, public or environment through the to prevent asbestos fibers from being entrained into the undertake demolition or excavation District the BAAQMD reasonably foreseeable upset and air. The methods specified in the Bay Area Air Quality activities at the project site. This Regulation 11,Rule 2 accident conditions involving the Management District(BAAQMD)Regulation 11, mitigation measure will be a control measures will release of suspected ashestos- Rule 2,on demolition of buildings containing asbestos provision of any contract to per-form be incorporated into containing materials,as a result of shall be followed. such work. the landslide demolition activities,into the remediation plan and environment IMiligation Measure Requiredl will be a provision of any contract to undertake these activities. Mitigation Monitoring Program for the Addition to ESA980422 Bear Creek Redwoods Open Space Preserve -10- MITIGATION MONUORING PROGRAM ............................ .1-0-1-P,--------------- ........ .. .................. ...... ................... ............. . ...... -Ki-I ...... .. '-.i X ... ........ X.,-- --------1,11-111-11 HYDROA: The proposed project HYDRO.1: The District shall regularly test potable The District and the stable operation. Operations Water testing will would not result in violation of water water sources on the project site to assure that the water This mitigation measure would be a Manager,District begin immediately quality standards and waste discharge sources for the caretaker/District ranger residence and condition of the stable operation upon the close of requirements. However,ongoing the stable area continue to be potable,and that ninoff lease. escrow. Tests will be testing would assure potable water from the stable operations will not affect downstream conducted on a sources. potable water sources,by establishing regular tests of monthly basis and will the water sources used by the project. If nitrogenous be conducted more compounds are found in any potable water sources,the frequently if the stable operation would be required to dispose of horse District identifies a manure off-site. potential health hazard. The lease with [Mk*a&n Measare Discre&nary But Regub-od by the stable operators the Dis&idl will include a contract provision stating that if any nitrogenous compounds are found in any potable water sources,the stable lessee will be required to dispose of horse manure off-site. HYDRO.2: The proposed project HYDRO.2:The District shall maintain the trails to The District and all public or private Operations Establishment of an could substantially alter the existing reduce concentrated runoff and focal points where entities contracted by the District to Manager,District ongoing road and trail drainage pattern of the site or area substantial erosion could occur. The use of water bars, manage trails or undertake maintenance program resulting in erosion or siltation on-or trail cover,and trail edge protection shall be required in maintenance activities at the project for the project site off-site. areas of steep slopes and heavy traffic to maintain trail site. immediately upon the integrity. close of escrow. The District conduct Trails and roads will also be maintained according to thorough inspections District standard practices to prevent erosion and of the project site on a sedimentation. District standard practices for road and monthly basis,and trail maintenance include the following: conduct maintenance Mitigation Monitoring Program for the Addition to ESA 980422 Bear Creek Redwoods Open Space Preserve MITIGATION MONITORING PROGRAM .......... .............. ................................ ... .............. ........ .. ....... .......... X .................. ------ .............. ..... ..... 777�� . . .. ...........- . ... ... .... ... . . ... ............ Hydro 2(continued) L Routine cleaning of e)dsting drainage facilities such work as requirecL as culverts,water bars and drain dips. Inspections will be conducted more 2. Installation of minor drainage improvements such as frequently during the water bars to channel surface flow from trails to winter months and natural drainage systems. during inclement 3. Installation and maintenance of small dissipating weather. structures in locations where outflows or channelization could cause erosion. 4. Installation of fence and gate barriers to prevent off- trail access and shortcuts. 5. Volunteer trail reporting to identify potential trail erosion. 6. Seeding and revegetation of eroding slopes. 7. Seasonal and temporary trail closures to allow revegetation and maintenance. 8. Clearing of vegetation alongside trails by using good Mining practices and not extending beyond three feet from the trail edge. jMkigadon Measswe RequLredl Mitigation Monitoring Program for the Addition to ESA 980422 Bear Creek Redwoods Open Space Preserve -12- WrIGATION MONITORING PROGRAM .. ............... ................... ................. .. ........ ..... .......... .. ...... ................ ........—.. ..... ... .... .............. ............. ...... ............ ...... ...... ............. ............ ............. . ........ .. . ... .................... .................... . ....... ...... NOISE.1: The proposed project could NOISE.1:The District shall require contractors to The District and all public or private Open Space Prior to any generate noise levels in excess of comply with the County Noise Ordinance to reduce the entities contracted by the District to Planner II, construction work,the standards established in the Santa impact of the construction equipment noise. manage trails or undertake District County Noise Clam County General Plan or noise maintenance,demolition or Ordinance measures ordinance,or other applicable [Midgation Measure Requuw4 excavation activities at the project will be a provision of standard. site. This mitigation measure will be any construction a condition of any contract for any contract and will be such work. incorporated into the project. NOISE.2:The District shall require contractors to The District and all public or private Open Space Prior to any muffle or otherwise control all construction equipment entities contracted by the District to Planner II, construction work,the and trucking operations5 with a high noise potential,as manage trails or undertake District provisions to muffle or feasible. New equipment shall be used whenever maintenance,demolition or control all equipment possible. All construction and trucking equipment excavation activities at the project and trucking should be inspected at periodic intervals to ensure site. This mitigation measure will be operations with a high proper maintenance and hence,lower noise levels. a condition of any contract for any noise potential,the use such work. of new equipment [Midgetion Measure Requwed] when possible,and the requirement for regular inspections will be a provision of any construction contract and will be incorporated into the project. 5 The logging operation has been reviewed un(ler its current Timber Harvest Plan. Mitigation Monitoring Program for the Addition to ESA980422 Bear Creek Redwoods Open Space Preserve -13- MITIGATION MONITORING PROGRAM .......... ............ ............... It.... .. .. .......... ......... ................ Itty Raft .................... ..... IX ... ...... ...... .......... ......... ....... .................... FIRE.1: Although the project would FIRE.1:Before opening the project site to the public, Operations Manager,District Operations Prior to opening the not result in the construction of the District shall reconnect service to a water provider Manager,District site to the public so additional facilities that would to assure a source of reliable emergency water pressure that service can be significantly impact the environment, on the site. reconnected to a water the proposed project could result in a provider. slightly increased fire hazard when JMifigatim Measure Discretionary But Required by the project is opened to the public. the District] FIRE.2:Before opening the project site to the public, Operations Manager,District Operations Prior to opening the the District shall document all roadways and paths on Manager,District project site to the the proposed project,and provide maps of the site to the public. Santa Clara County Central Fire Protection District and the Department of Forestry's Alma Station. The District shall conform with all County requirements for vegetation clearance on existing trails and roadways, and near existing structures. IMigigadon Measure Discretionary But Required by the Districil ... ..... .. ..... ..... % 7RAWO . .... TRAF.1: The project could result in a TRAF.1:Before the project site is opened to the public, District Open Space Prior to opening the traffic hazard,attributable the design the District shall consult with Santa Clara County Planner II, project site to the of Bear Creek Road,the proximity of Roads and Airports Department and provide adequate District public. logging trucks during the timber traffic warning signs both on-and off-site to slow harvest season and existing on-site traffic near park entrances and parking areas,signs that vegetation. restrict trail users from areas used by trucks,and regularly clear vegetation at least 260 feet from entrances to permit compliance with recommended sight distances. IMirigation Measure Requiredl Mitigation Monitoring Program for the Addition to ESA980422 Bear Creek Redwoods Open Space Preserve -14- Attachment 4 Residual Timber Rights Donation Agreement LANDELS Hills Plaza 350 The Ernbarcadero RIPLEY & San Francisco,CA DIAMOND 94105-1250 A T T 0 R N E� S Tel 415 512 8700 Fax 415 512 8750 www.landels.com May 25, 1999 Scott D.Rogers sdr@landels.com VIA FEDERAL EXPRESS Susan Schectman, Esq. Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 MAY 26 Re: Residual Timber Rights Donation Big Creek Property Our Client Matter No. 7485.0001 Dear Sue: As you may have been advised by Craig Britton, Arlie Land and Cattle Company ("Arlie") has conveyed and assigned to Gregory Demers ("Demers") all of Arlie's interest in the residual timber rights and under the Big Creek Lumber Company timber agreement. Attached for your reference are copies of the Timber Deed and Assignment of Timber Rights Agreement each dated May 7, 1999 implementing this transfer. In connection with the noted transfer from Arlie to Demers, Arlie obtained from Demers a written undertaking from Demers to contribute to MROSD all of the rights, interests and monies which Arlie agreed to contribute, or cause to be contributed, to MROSD pursuant to that certain letter agreement dated as of March 10, 1999 between Arlie and MROSD (the "Arlie Contribution Letter"). Attached for your reference is a copy of the Demers letter agreement with respect to such contribution (the "Demers Contribution Letter"). You will note that the Demers Contribution Letter is virtually identical to the Arlie Contribution Letter and requires that the exact same contributions be at the exact same times. Arlie has requested that MRSOD accept the Demers Contribution Letter and agree to terminate the Arlie Contribution Letter in its entirety. A draft letter agreement to this effect is enclosed for your review and consideration. 229042.1 LANDELS Susan Schectman, Esq. RIPLEY & May 25, 1999 DIAMOND Page 2 A T F 0 R N E� 5 L L P I understand that John Musumeci and Craig Britton have discussed and agreed in principal upon the foregoing, subject to your review and approval. Please call me at your earliest opportunity to discuss the foregoing. Very truly yours, Scott D. Rogers SDR:arh Enclosures cc: Mr. John Musumeci (w/o encl. - via facsimile) Michael Kearney, Esq. (w/o encl. -via facsimile) 229042.1 Attachment 5 Purchase Agreement Between District and Peninsula Open Space Trust for Upper Property PURCHASE AGREEMENT This Purchase Agreement (hereinafter "Agreement") is made and entered into by and between PENINSULA OPEN SPACE TRUST, a California non-profit, public benefit corporation, hereinafter called "POST", and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, POST was organized as a non-profit, charitable corporation to solicit, receive and hold gifts, legacies, devises and conveyances of real and personal property for public park, conservation and open space purposes, all in a manner complementary to activities of District; and WHEREAS, the property, assets, profits and net income of POST are irrevocably dedicated to said purposes and no part of the profits or net income of POST shall ever incur to the benefit of any individual; and WHEREAS, District 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 in Exhibit A which is attached hereto and incorporated by this reference (hereafter "the Property"); and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, the District Board of Directors has determined that the conveyance of the Property to POST according to the terms and conditions of this Agreement are necessary and appropriate to the full exercise of its powers; will carry out its statutory objectives and purposes; and are for a public purpose of the District, which is enabling the District to plan, acquire, operate, manage and maintain an open space preserve and trails upon the Property, enabling the District ultimately to create the Bear Creek Redwoods Open Space Preserve as a public preserve on the Property, and enabling the District and the public to have the greatest opportunity to preserve the Property as an open space preserve in perpetuity; and WHEREAS, District desires to convey said property to POST for open space preservation solely on the terms and conditions set out in this Agreement; and WHEREAS, POST, out of its desire to promote public welfare, and share the natural and scenic beauty and enjoyment of their property with the citizens of the Midpeninsula Page 1 Purchase Agreement Page 2 area, hereby agrees to purchase the entirety of said Property, and District wishes to convey said Property to POST upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. District agrees to sell to POST and POST agrees to purchase from District, District's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately eight hundred six (806) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number(s) 544-28-004, 544-29-006, 544-30-002, -003, 544-31-002, -003, -004, 544-33-003, 544-33-014, 544-50-001, 544-56-004. Said property is further described in the Legal Description in Schedule C attached to the Loan Title Policy number FTC 644245 dated March 12, 1999 from Old Republic National Title Insurance Company (hereafter "Title Policy"). A copy of said Title Policy is attached hereto as Exhibit A, and incorporated herein by this reference. Said property is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. Said Property is hereafter referred to as "the Property." 2. Consideration. The total purchase price ("Purchase Price") for the Property shall be Ten Million and No1100 Dollars ($10,000,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. A. In further consideration of District's conveyance of the Property to POST, POST shall lease to District, and District shall lease from POST, the Property subject to all of the terms and conditions of the Lease and Management Agreement, which is attached hereto, marked Exhibit B and incorporated herein by reference. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 8 herein, an escrow shall be opened at Old Republic National Title Insurance Company, 1900 The Alameda, San Jose, CA, Attn: Mary Montonye (408) 557-8400 or other title company acceptable to District and POST (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 Purchase Agreement Page 3 terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before July 15, 1999; provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. B. POST 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. District 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. POST shall deposit into the escrow, on or before the Closing: (i) POST's check payable to Escrow Holder in the amount of Ten Million and No/100 Dollars ($10,000,000.00). E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by POST, 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 POST in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and POST as of the Closing based upon the latest available tax information using the customary escrow procedures. F. District shall cause Old Republic National Title Insurance Company, or other title company acceptable to District and POST, to prepare and commit to deliver to POST, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring POST in the amount of Ten Million and No/100 Dollars ($10,000,000.00) for the Property showing title to the Property vested in fee simple in POST, subject only to: (i) current real property taxes, (ii) all exceptions listed in the Title Policy, excluding Number 21, and excluding those exceptions applicable to lands sited under Order No. 481060, nos. 1 through 11, inclusive, listed on pages 5 through 6 of the Title Policy; and (iii) such additional title exceptions as may be approved in writing by POST prior to the Closing as determined by POST in its sole and absolute discretion ("The Permitted Exceptions"). G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed to be recorded in the Office of the County Recorder Purchase Agreement Page 4 of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to POST the original of the policy of title insurance required herein, and to District Escrow Holder's check for the full purchase price of the Property (less District's portion of the expenses described in Section 3E), and to District or POST, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. POST's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, POST 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. POST 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 POST to District now or at the Closing have been or will be duly authorized and executed and delivered by POST and are legal, valid and binding obligations of POST sufficient to acquire from District the Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which POST is a party or by which POST may be bound or any articles, bylaws or corporate resolutions of POST. 6. District's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, District makes the following representations and warranties to POST, which shall survive close of escrow, each of which is material and is being relied upon by POST. A. Indemnification. District shall defend, indemnify, protect and hold POST and all of its officers, directors, official, employees, and agents (collectively, "Indemnitees") harmless from and against any and all liability, losses, damages, judgments, claims, suits, actions, causes of action, demands, proceedings, costs and expenses (including, Purchase Agreement Page 5 without limitation, reasonable attorneys' fees and costs) (collectively, "Claims") suffered or incurred by, or threatened against, Indemnitees or any one or more of them, that arise out of or are connected with any Claims asserted by any person or entity against POST concerning the execution of this Agreement by District or POST or the undertaking or consummation of any of the acts, transactions or conveyances contemplated hereby, including, without limitation, any claims threatened, made or brought against any Indemnitee (A) seeking to set aside, void or otherwise prevent or inhibit any of the transactions or conveyances contemplated by this Agreement, or (B) alleging that this Agreement or any provision hereof or the undertaking of any of the transactions or conveyances contemplated hereby constitutes interference with contractual rights or prospective business advantage or breaches or violates any other rights or interests claimed by a person or entity. B. Au h rit . District has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. C. Valid and Binding Agreements. This Agreement and all other documents delivered by District to POST now or at the Closing have been or will be duly authorized and executed and delivered by District and are legal, valid and binding obligations of District sufficient to convey to POST the Property described therein. 7. General Terms and Conditions. A. Reliance. POST hereby acknowledges and agrees that it has not relied on any warranties, promises, understandings or representations of District or any agent of District relating to the physical condition of the Property, except as set forth in this Agreement. B. District's Disclaimer As to the Condition of Prolrtv. (i) District disclaims the making of any representations or warranties, express or implied, regarding the Property, or their value or matters affecting the Property including, without limitation, the physical condition of the Property, title to or the boundaries of the Property, pest control matters, soil condition, hazardous waste, toxic substance or other environmental matters, compliance with the Americans With Disabilities Act of 1990, Fair Housing Act of 1968 (as amended) or other building, health, safety, land use and zoning laws, regulations and orders, structural and other engineering characteristics, traffic patterns and all other information pertaining to the Property. POST acknowledges that it has entered into this Agreement with the intention of making and relying upon its own investigation of the physical, environmental, economic and compliance with laws of the Property, and that POST is not relying upon any representations and warranties made by District or anyone acting or claiming to act on District's behalf concerning the Property or its value. POST further acknowledges that it has not received from District any accounting, tax, Purchase Agreement Page 6 legal, architectural, engineering, property management or other advice with respect to this transaction and is relying solely upon the advice of its own accounting, tax, legal, architectural, engineering, property management and other advisors. POST agrees that the Property is to be acquired by POST in its "AS IS" condition and WITH ALL FAULTS. (ii) Timber Harvesting Upon the ProM. District and POST acknowledge that the Property is subject to a certain Timber Deed and Timber Rights Agreement, both dated August 9, 1996, recorded in the Official Records of Santa Clara County on August 14, 1996 as Instrument No. 13408133, held by Big Creek Lumber Company, Inc. (hereafter "Big Creek") in which Big Creek has been granted certain rights on the Property, including the right to harvest timber and rights of access to do so. Pursuant to the Timber Deed and Timber Rights Agreement, Big Creek has commenced timber harvest operations on the Property pursuant to a Timber Harvest Plan, which operations are ongoing. Further, the parties acknowledge that Big Creek has stated its intention to exercise all of its rights, privileges and interests granted to it under the Timber Deed and Timber Rights Agreement. POST agrees that the Property shall be conveyed to POST subject to the Timber Deed and Timber Rights Agreement and all of Big Creek's rights, privileges and interests herein, and that POST has received a copy of both the Timber Deed and Timber Rights Agreement. District and POST further acknowledge that the District anticipates receiving fee title to the Residual Timber Rights upon the Property by a date which is no later than fourteen (14) months after March 10, 1999. As used in this Subsection, the term "Residual Timber Rights" shall mean all rights and interest of District with respect to any timber located on the Property not previously conveyed to Big Creek, and any of the District's rights under the Timber Rights Agreement. District has been granted an option to purchase the Residual Timber Rights, which option must be exercised on or after May 11, 2000 and on or before July 11, 2000. District agrees that either (1) upon receipt of the conveyance of the Residual Timber Rights, it shall promptly convey the same to POST; or (2) in the event the District fails to receive the conveyance of the Residual Timber Rights by May 11, 2000, then District agrees that it shall timely exercise its Option to acquire the Residual Timber Rights and shall promptly convey fee title to the Residual Timber Rights to POST within thirty (30) days of the Closing Date of its purchase of the Residual Timber Rights. District's obligation to convey the Residual Timber Rights to POST is conditioned upon POST owning fee title to the Property on the date the Residual Timber Rights are conveyed to District. (iv) District shall discharge and remove, or cause Title Company to insure over at District's sole expense, prior to Closing, any mortgages, deeds of trust, liens, encumbrances or other title exceptions imposed or created by District, other than the Permitted Exceptions set out in Section 3(F) of this Agreement. Purchase Agreement Page 7 8. 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. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. 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 POST pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. C. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. D. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: POST: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 Purchase Agreement Page 8 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (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. E. Severabili1y. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is 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. F. 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. G. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. H 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. Purchase Agreement Page 9 I. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. J. Survival of Covenants. All covenants of District or POST 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. K. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. L. 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. M. 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. N. CUtions. 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. O. 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. P. 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 Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Purchase Agreement Page 10 Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. POST INITIAL DISTRICT INITIAL 9. Attorneys' Fees. If either party should bring suit or seek arbitration under this Agreement, or because of the breach of any provision of this Agreement, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action or arbitration is prosecuted to judgment. 10. Acceptance. Provided that this Agreement is executed by POST and delivered to District on or before June 25, 1999, District shall have until midnight June 30, 1999 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by POST to purchase the Property from 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 Agreement by District. 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. /J/ Purchase Agreement Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: POST: MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST, SPACE DISTRICT a California non-profit, public benefit corporation APPROVED AS TO FORM: By: Audrey C. Rust, President Susan M. Schectman, District Counsel Date: Date: RECOMMENDED FOR APPROVAL: L. Craig Britton General Manager Date: APPROVED AND ACCEPTED: Jed Cyr, President Board of Directors Date: ATTEST: Peggy Coats, District Clerk Date: oan Policy American Land Title Association Loan Policy(1992) With ALTA Endorsementform 1'.J:arage * * Policy Number FTC * SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN �C * SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Lack of priority of the lien of the insured mortgage over any statutory lien for services, labor or material; (a) arising from an improvement or work related to the land which is contracted for or commenced prior to Date of Policy; or (b) arising from an improvement or work related to the land which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 8. Any assessments for street improvements under construction or completed at Date of Policy which now have gained or hereafter may gain priority over the lien of the insured mortgage; 9. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule A, or the failure of the assignment shown in Schedule A to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. Issued through the Office of- Old Republic National Title Insurance Company OLD REPUBLIC TITLE COMPANY 400 Second Avenue South 7 1900 THE ALAMEDA Minneapolis, Minne / SAN JOSE, CA 95126 ✓ (408)296-4500 EXHIBIT By President Auffiowed S pratury Page�� Anes, 7 G &!�Secretary oRNT 1202 Not valid unless Exclusions of Coverage included /�G// SCHEDULE A Policy No: FTC 644245 Order No: 474371 & 481060 Amount of Insurance: $ 10,500,000.00 Date of Policy: March 12th, 1999 at 11:43 a.m. Premium: $ 9,450 .00 1. Name of Insured: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 2. The estate or interest referred to herein is at Date of Policy vested in: ARLIE LAND AND CATTLE COMPANY, an Oregon Corporation 3. The estate or interest in the land described in Schedule C and which is encumbered by the insured mortgage is: a FEE as to Parcels 1-14 (474371) and a FEE as to Parcel 1 (481060) and an EASEMENT as to Parcel 4A (474371) . 4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: Deed of Trust to secure an indebtedness of $10,500, 000.00 Trustor ARLIE LAND AND CATTLE COMPANY, an Oregon Corporation Trustee OLD REPUBLIC TITLE COMPANY, A CORPORATION Beneficiary MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dated March loth, 1999 Recorded March 12th, 1999 in Official Records under Recorder's Serial Number 14702511 EXHIBIT Page_ 2_of_ FrGIS 1401A OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 SCHEDULE B Part I This policy does not insure against loss or damage by reason of the following: THE FOLLOWING EXCEPTIONS APPLY TO LANDS SITED UNDER 474371 1. Taxes and assessments, general and special, for the fiscal year 1999-2000 a lien, but not yet due or payable. 2 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. , of the Revenue and Taxation Code of the State of California. 3 . Rights of the public, County and/or City, in and to that portion of said land lying within the lines of ANY EXISTING PUBLIC ROADS. 4. Any easement for water course over that portion of said land lying within ANY CREEKS, PONDS OR LAKES ON OR BOUNDING SAID PROPERTY and any changes in the boundary lines of said land that have occurred or may hereafter occur from natural causes. 5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to GEORGE K. WHITE For RIGHT OF WAY Recorded April 2nd, 1868 in Book 8 of Deeds, Page 582 Affects 12 FOOT STRIP ALONG COLLINS CREEK AKA FROMENT CREEK 6. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to F.M. STATLER For WATER PIPELINE AND ROAD Recorded September 19th, 1873 in Book E of Miscellaneous Records, Page 297 Affects PARCELS 7, 8, 9, AS TO WATER PIPELINE AND PARCEL 1 AS TO ROAD EXHIBIT Page 2 of 2 6 Pages Page. 3 S FrGIs 140181 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 2 of Schedule B Part I 7. Agreement for RIGHT TO CONDUCT WATER THROUGH A ONE INCH PIPE Executed by JAMES C. MOODY AND HENRY C. TOZER On the terms, covenants and conditions contained therein, Recorded September 16th, 1898 in Book 6 of Miscellaneous Records , Page 325 (AFFECTS PARCELS 7, 8 AND 9) . 8. POSSIBLE WATER PIPELINE OVER LOT 9 OF PARCEL ONE, DISCLOSED BY DEED RECORDED AUGUST 27, 1887 IN BOOK 95 OF DEEDS, PAGE 236. 9. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to C. RAPETTI, ET AL For TELEPHONE LINE Recorded October 19th, 1909 in Book 350 of Deeds, Page 291 Affects PARCELS 1 AND 9 10. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument : For WATER PIPELINE, INGRESS AND EGRESS Recorded May 23rd, 1916 in Book 441 of Official Records, Page 393 Affects PORTION OF PARCEL 6 11. Agreement for DIVERSION OF WATER OF THE COLLINS CREEK Executed by MONTEZUMA MOUNTAIN RANCH SCHOOL and Between HARRY L. TEVIS On the terms, covenants and conditions contained therein, Recorded May 21st, 1926 in Book 240 of Official Records, Page 488 MODIFICATIONS) THEREOF RECORDED: JUNE 6, 1926 IN BOOK 251 PAGE 89, OFFICIAL RECORDS. SAID AGREEMENTS WERE ASSIGNED TO SISTERS OF THE PRESENTATION, A CALIFORNIA CORPORATION, BY INSTRUMENT RECORDED AUGUST 24, 1956 IN BOOK 3587 OF OFFICIAL RECORDS, PAGE 569. AFFECTS: PARCELS 8 AND 9 AND OTHER PROPERTY. EXHIBIT Page 3 of 2 6 Pages Page�of, 3S � FrGIS 1401D OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 3 of Schedule B Part I 12. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION For SINGLE LINE OF POLES Recorded January 19th, 1935 in Book 719 of Official Records, Page 158 Affects PARCELS 2, 7 AND 10 13 . Any facts, rights, interests or claims which a correct survey would show. NOTE: In connection therewith, AS FOLLOWS: . A) POSSIBLE BOUNDARY DISCREPANCY (GAPS OR OVERLAPS) BETWEEN THE EASTERLY LINE OF PARCEL 9 AND CONTIGUOUS PROPERTY AS DISCLOSED BY RECORD OF SURVEY MAP RECORDED AUGUST 19, 1970 IN BOOK 271 OF MAPS, AT PAGE 52 . B) POSSIBLE BOUNDARY DISCREPANCIES (GAPS OR OVERLAPS) BETWEEN THE NORTHERLY LINES OF PARCELS 7, 11, 13 AND CONTIGUOUS PROPERTIES DUE TO THE LACK OF A DEFINATE RECORD LOCATION OF CHASE ROAD. C) POSSIBLE BOUNDARY DISCREPANCY (GAPS OR OVERLAPS) BETWEEN THE SOUTHEASTERLY LINE OF PARCEL 7 AND CONTIGUOUS PROPERTY DUE TO THE LACK OF A DEFINATE RECORD LOCATION OF BEAR CREEK (AKA DOUGHERTY) ROAD. D) POSSIBLE INTERNAL BOUNDARY DISCREPANCIES (GAPS OR OVERLAPS) BETWEEN VARIOUS PARCELS DESCRIBED HEREIN DUE TO THE LACK OF DEFINITE RECORD LOCATIONS OF VARIOUS ROADS AND/OR OTHER LINES USED AS BOUNDARIES IN THE DESCRIPTIONS THEREOF. 14. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to PRESENTATION CENTER For UNDERGROUND WATER PIPELINES, PUMPING PLANTS, METERS, AND RELATED FACILITIES AND RIGHTS INCIDENTAL THERETO, INCLUDING BUT NOT LIMITED TO: GRADING, EXCAVATION, PAVING, MAINTENANCE, REPAIR, AND REPLACEMENT, INCLUDING RIGHTS OF INGRESS AND EGRESS Recorded August 27th, 1993 in Book M969 of Official Records, Page 0931 Affects PARCEL 8, AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT Affects this and other property. 15. SUCH EASEMENTS OR OTHER RIGHTS FOR THE ACCESS, MAINTENANCE AND USE OF THE (TIMBER) (TIMBER RIGHTS) CONVEYED BY INSTRMENT RECORDED AUGUST 14, 1996, INSTRUMENT NO. 13408133, OFFICIAL RECORDS. EXHIBIT Iq Page 4 of 2 6 Pages Page Of FrGIs 14010 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 4 of Schedule B Part I 16 . Water rights, claims or title to water, whether or not shown by the public records. 17. Facts which would be disclosed by a comprehensive survey of the premises herein described. 18 . Mechanics' , Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears on record. 19. Rights and claims of parties in possession. 20. Any facts, rights, interests or claims which are not shown by the public records, but which could be ascertained by making inquiry of the adjacent land owners adn those in possession thereof, excepting therefrom Arlie Land and Cattle Company. 21. MEMORANDUM OF LEASE upon the terms, covenants, and conditions contained therein. Landlord ARLIE LAND AND CATTLE COMPANY, an Oregon Corporation Tenant MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code Dated March loth, 1999 Recorded March 12th, 1999 in Official Records, under Recorder's Serial Number 14702510 THE FOLLOWING EXCEPTIONS APPLY TO LANDS SITED UNDER 481060 1. Taxes and assessments, general and special, for the fiscal year 1999-2000 a lien, but not yet due or payable. 2 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. , of the Revenue and Taxation Code of the State of California. 3 . Any facts, rights, interests or claims which a correct survey would show. NOTE: In connection therewith, AS FOLLOWS: . Possible boundary discrepancy (gaps or overlaps) between the Southwesterly and Easterly lines of said land, and contiguous properties due to the lack of a definite record location of Mellots Road and Bear Creek (aka Dougherty) Road. 4 . SUCH EASEMENTS OR OTHER RIGHTS FOR THE ACCESS, MAINTENANCE AND USE OF THE (TIMBER) (TIMBER RIGHTS) CONVEYED BY INSTRUMENT RECORDED AUGUST 14, 1996, INSTRUMENT NO. 13408133, OFFICIAL RECORDS. Mum A- Page 5 of 26 Pages Page .,,0 Of=-- FTGIs14010 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 5 of Schedule B Part I Affects this and other property. S. Water rights, claims or title to water, whether or not shown by the public records. 6. Facts which would be disclosed by a comprehensive survey of the premises herein described. 7. Mechanics' , Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears on record. 8. Rights and claims of parties in possession. 9. The consequences of the presence, if any, of hazardous substances, dangerous materials or harmful waste, as a health or safety hazard, or otherwise, which may affect said land. 10. Any facts, rights, interests or claims which are not shown by the public records, but which could be ascertained by making inquiry of the adjacent land owners and those in possession thereof, excepting therefrom Arlie Land and Cattle Company. 11. MEMORANDUM OF LEASE upon the terms, covenants, and conditions contained therein. Landlord ARLIE LAND AND CATTLE COMPANY, an Oregon Corporation Tenant MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code Dated March loth, 1999 Recorded March 12th, 1999 in Official Records, under Recorder's Serial Number 14702510 EXHIBIT .L_ Page 6 of 2 6 Pages Page_2_Ot 3SS FfGIS 1401D OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE B Policy No. FTC 644245 Part II In addition to the matters set forth in Part I of this Schedule, the title to said estate or interest in the land described or referred to in Schedule C is subject to the following matters, if any be shown, but the Company insures that such matters are subordinate to the charge of the insured mortgage upon said estate or interest: Option to Purchase, Dated March loth, 1999 Optionor ARLIE LAND AND CATTLE COMPANY, an Oregon Corporation Optionee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District Disclosed by MEMORANDUM OF AGREEMENT Recorded March 12th, 1999 in Official Records, under Recorder's Serial Number 14702512 Page 7 of 26 Pages Page __!Lof J�— FrGIs 140162 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 1 of Schedule C SCHEDULE C The land referred to in this policy is situated in the County of Santa Clara , in the unincorporated State of California, and is described as follows: area, PARCEL ONE: (474371) ALL OF LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT", WHICH MAP WAS FILED FOR RECORD ON JANUARY 20, 1888 IN BOOK C OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS. ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) AND 544-30-002 (PORTION) PARCEL TWO: (474371) BEING ALL OF THE PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MAY 7, 1985 IN BOOK J339 PAGE 607 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: ALL OF LOT 10 OF THE RENOWDEN TRACT, AS LAID DOWN AND DELINEATED UPON A MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JANUARY 20, 1888 AND RECORDED IN VOLUME "C" OF MAPS, AT PAGE 51. EXCEPTING THEREFROM THAT PARCEL OF LAND CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2325-24-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO. 8396378 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM SO MUCH OF SAID LOT NO. 10 THAT LIES WITHIN THE PARCEL OF LAND AS CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2324-25-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO 8373075 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM ALL OF LOT 10 THAT LIES WITHIN THE PARCEL OF LAND CONVEYED BY CHAS. MCKIERMAN, ET AL, TO HERMAN PETERSON, BY DEED RECORDED IN VOLUME 95 AT PAGE 236, SANTA CLARA COUNTY OFFICIAL RECORDS, ON AUGUST 27, 1887. ASSESSOR'S PARCEL NO. 544-30-002 (PORTION) PARCEL THREE: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302 PAGE 1164 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT A STAKE STANDING IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID STAKE BEING 200 FEET EAST FROM EXHIBIT Page 8 of 2 6 Pages Page,_.Laf a FrGIS 1401C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 2 of Schedule C SCHEDULE C (Continued) THE SOUTHWEST CORNER OF SAID QUARTER SECTION; AND RUNNING THENCE WEST ALONG SAID SOUTH LINE OF SAID QUARTER SECTION 200 FEET TO THE SAID SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH AND ALONG THE WEST LINE OF SAID NORTHEAST 1/4 SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, 210 FEET TO A STAKE; THENCE IN A STRAIGHT LINE SOUTHEAST TO THE PLACE OF BEGINNING. ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) PARCEL FOUR: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302 PAGE 1160 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE NORTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-50-001 PARCEL FOUR A: (474371) A RIGHT OF WAY APPURTENANT TO PARCEL NO. FOUR ABOVE DESCRIBED, FOR THE PURPOSES OF ORDINARY TRAVEL, AS GRANTED BY STANDARD OIL COMPANY, A CORPORATION TO EDWARD W. GORDON, BY INSTRUMENT DATED JUNE 9, 1909 AND RECORDED JUNE 16, 1909 IN BOOK 345 OF DEEDS, AT PAGE 205, WHICH RIGHT OF WAY IS 15 FEET WIDE, THE CENTERLINE OF WHEREOF IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS EIGHT AND SIXTY-TWO HUNDREDTHS (8.62) CHAINS NORTH OF THE CENTER OF SAID SOUTHEAST QUARTER (S.E. 1/4) ; RUNNING THENCE SOUTH 660 WEST ONE AND FORTY-FIVE HUNDREDTHS (1.45) CHAINS; THENCE SOUTH 740 WEST ONE AND EIGHTY-FIVE HUNDREDTHS (1.85) CHAINS; THENCE SOUTH 680 15' WEST TWO AND FIVE HUNDREDTHS (2 .05) CHAINS; THENCE SOUTH 860 15' WEST ONE AND SIXTY HUNDREDTHS (1.60) CHAINS SOUTH 680 30 ' WEST TWO AND EIGHT HUNDREDTHS (2.08) CHAINS; THENCE TWO AND SEVENTY-FOUR HUNDREDTHS (2 .74) CHAINS; THENCE NORTH 59° WEST ONE AND SIXTY HUNDREDTHS (1.60) CHAINS; THENCE NORTH 31' 50 ' WEST FOUR AND THIRTY-SEVEN HUNDREDTHS (4.37) CHAINS; THENCE NORTH 50 WEST ONE AND FIFTEEN HUNDREDTHS (1.15) CHAINS. PARCEL FIVE: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302, PAGE 1166 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A 3" X 4" POST AND IRON PIPE STANDING AT THE COMMON CORNER OF SECTIONS 5, 6, 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, AT THE NORTHWESTERLY CORNER OF THAT CERTAIN 80 ACRE TRACT IN SAID SECTION 8 CONVEYED BY D.E. WISEMAN, ET UX, TO JESSIE ROBERTSON BY DEED DATED SEPTEMBER 13, 1913 AND RECORDED IN VOLUME 408 OF DEEDS, AT PAGE 104, ET SEQ. IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA AND RUNNING THENCE SOUTHERLY AND ALONG THE LINE BETWEEN SECTIONS 7 AND 8 WHICH HERE FORMS EXHIBIT Page 9 of 26 Pages Page FTGIS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 7 Policy No. FTC 644245 Page 3 of Schedule C SCHEDULE C (Continued) THE WESTERLY LINE OF SAID 80 ACRE TRACT, SOUTH 0° 11' EAST 18.90 CHAINS, TO A 6" X 6" POST AND IRON PIPE STANDING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE TRACT, AND FORM WHICH A REDWOOD 20" IN DIAMETER BEARS SOUTH 38-3/40 WEST 0.55 CHAINS, AND A REDWOOD 12" IN DIAMETER BEARS NORTH 57-3/40 WEST, 0.55 CHAINS, BOTH TREES MARKED 11B.T. .1/8S11; THENCE EASTERLY AND ALONG THE SOUTHERLY LINE OF SAID 80 ACRE TRACT, SOUTH 89° 56 ' EAST 15.18 CHAINS TO A 2" X 3" STAKE MARKED "T.R.2" FROM WHICH A FORKED MADRONE 14" IN DIAMETER BEARS SOUTH 82-1/20 EAST, 0.027 CHAINS AND A REDWOOD 22" IN DIAMETER BEARS NORTH 44° WEST 1.273 CHAINS, BOTH TREES MARKED 11B.T.T.R.211 ; THENCE NORTHERLY AND ALONG THE LINE PARALLEL TO SAID LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0° 11' WEST 19.15 CHAINS TO A 2" X 3" STAKE MARKED T.R. 1 STANDING IN THE LINE BETWEEN SAID SECTIONS 5 AND 8, AND FROM WHICH A MADRONE 10" IN DIAMETER BEARS NORTH 56 3/40 WEST 0.087 CHAINS, AND A FORKED TAN OAK 16" IN DIAMETER BEARS NORTH 64-3/40 EAST 0.39 CHAINS, BOTH TREES BEING MARKED "B.T.T.R.1" ; AND THENCE WESTERLY AND ALONG SAID LINE BETWEEN SAID SECTIONS 5 AND 8, WHICH HERE FORMS THE NORTHERLY BOUNDARY OF SAID 80 ACRE TRACT, SOUTH 890 08' WEST 15.18 CHAINS TO THE POINT OF BEGINNING; BEING A PART OF THE ABOVE MENTIONED 80 ACRE TRACT IN SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-33-014 PARCEL SIX: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK J303 PAGE 921 OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT THE OFFICIAL QUARTER SECTION CORNER IN THE LINE DIVIDING SECTIONS 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN; AND RUNNING THENCE ALONG THE SECTION LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 00 11' WEST 18.90 CHAINS TO A 6" X 6" POST MARKED 1/8 S. AND 2" PIPE STANDING AT THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED BY JESSIE ROBERTSON AND W.J. ROBERTSON TO HARRY L. TEVIS, BY DEED DATED JANUARY 15, 1916 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY IN VOLUME 438 OF DEEDS, AT PAGE 332; RUNNING THENCE ALONG THE' SOUTH LINE OF SAID 28.88 ACRE TRACT AND THE PROLONGATION THEREOF, EASTERLY SOUTH 89° 56' EAST, 15.765 CHAINS TO A POINT FROM WHICH THE SOUTHEAST CORNER OF THE ABOVE MENTIONED 28.88 ACRE TRACT BEARS NORTH 890 56 ' WEST 0 .585 CHAINS; RUNNING THENCE PARALLEL TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID 28.88 ACRE TRACT, SOUTH 0° 11' EAST 19.15 CHAINS TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF THE LAND OF E.W. BIDDLE AND IN THE QUARTER SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 8; RUNNING THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LAND OF BIDDLE AND ALONG SAID QUARTER SECTION LINE NORTH 890 5' WEST, 15.765 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-56-004 PARCEL SEVEN: (474371) EXHIBIT Page 10 of 2 6 Pages page FrGiS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 4 of Schedule C SCHEDULE C (Continued) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 6, 1985 IN BOOK J420 PAGE 731 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M. ; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15 .50 CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/20 EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/20 WEST 5.92 CHAINS, SOUTH 80 30 ' EAST 0.61 CHAINS, SOUTH 10 WEST 0 .83 CHAINS, SOUTH 180 40 ' WEST 1.08 CHAINS, SOUTH 40 45' WEST 1.06 CHAINS, SOUTH 350 30 ' WEST 1.65 CHAINS, SOUTH 720 30' WEST 1.55 CHAINS, SOUTH 890 30 ' WEST 1.15 CHAINS, SOUTH 700 15 ' WEST 1.48 CHAINS, SOUTH 810 20' WEST 1.03 CHAINS, NORTH 890 52 ' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE SOUTH 00 12 ' WEST 20 .45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 00 12 ' WEST 3 .18 CHAINS; THENCE SOUTH 43' 40 ' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE IN A GENERALLY NORTHERLY DIRECTION ALONG THE CENTER OF DOUGHERTY ROAD TO THE THIRD POINT OF INTERSECTION OF THE SECTION LINE BETWEEN SECTIONS 5 AND 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID POINT BEING APPROXIMATELY 220 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 6; THENCE NORTH ALONG SAID SECTION LINE TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. 544-31-003 PARCEL EIGHT: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 3, 1985 IN BOOK J310, PAGE 662 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THAT PORTION OF THE TRACT OF LAND FORMERLY BELONGING TO GEO. H. BASSETT AND WIFE, LOCATED IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. , ACQUIRED BY DEED DATED JUNE 18, 1902, MADE BY WM. B. RANKIN, ET AL TO GEO H. BASSETT, ET AL, WHICH DEED IS RECORDED IN VOL. 252 OF DEEDS, PAGE 490, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA WHICH PORTION OF SAID LANDS WHEREIN CONVEYED IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO WIT: EXHIBIT Page 11 of 2 6 Pages page,�.LpcL— FrGis,ao1Cz OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 5 of Schedule C SCHEDULE C (Continued) BEGINNING AT A POINT IN THE CENTER LINE OF DOUGHERTY ROAD WHERE THE SAME IS INTERSECTED BY THE PROLONGATION EASTERLY OF THE SOUTHERLY LINE OF LOT 6, AS THE SAME IS DESIGNATED AND DELINEATED ON THE MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT, WHICH MAP IS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK "C" OF MAPS, PAGE 51, SAID PORTION OF COMMENCEMENT BEING DESIGNATED AS ENGINEER'S STATION K.R.3 AS SET BY A.T. HERRMANN OF HERRMANN BROS. , SURVEYORS AND C.E. 'S, SAN JOSE, CALIFORNIA AND SHOWN ON A MAP OF SURVEY OF THE PROPERTY OF SAID DR. GEO H. BASSETT AND WIFE, IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. , SURVEYED BY SAID A.T. HERRMANN ON AUGUST 4, 5 AND 6, 1903, FROM WHICH STATION K.R.3 . A MADRONE TREE 10" IN DIAMETER BEARS S. 870 30 ' W. 47 LINKS AND A TAN OAK TREE 8" IN DIAMETER BEARS N. 530 35' W. 0.667 CHAINS; THENCE-ALONG THE SAID DOUGHERTY ROAD FROM STATION K.R.3. THE FOLLOWING COURSES AND DISTANCES, AS SO SURVEYED BY SAID A.T. HERRMANN AND DESCRIBED ON SAID MAP OF SUCH SURVEY, NAMELY: DOUGHERTY ROAD FROM K.R.3 NORTHWARD. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 30-1/20 W. 1.00 1 N. 90 W. 1.50 2 N. 16-1/20 E. 1.00 3 N. 44-1/20 E. 0 .75 4 N. 860 45' E. 1.30 5 N. 390 E. 2 .36 6 N. 400 W. 2.50 7 N. 00 45' W. 1.50 8 N. 140 15' E. 3 .25 9 N. 660 15 ' E. 1.50 10 N. 880 45 ' E. 2 .22 11 N. 790 45' E. 2 .17 12 S. 610 0' E. 2 .45 13 S. 75-1/40 E. 0.62 14 N. 420 15' E. 5.90 15 N. 580 45 ' E. 1.30 16 S. 890 16 ' E. 1.70 17 N. 370 30 ' E. 2.40 18 N. 560 E. 2 .68 19 N. 760 30 ' E. 1.75 20 S. 720 15' E. 1.25 21 S. 450 45' E. 2 .20 22 S. 320 30' E. 2 .80 23 S. 410 45' E. 1.45 24 S. 630 15' E. 1.65 25 N. 650 45 ' E. 0 .355 26 WHERE A 1-1/4" IRON PIPE IS SET, FROM WHICH PIPE A VAL. OAK TREE 25" IN DIAMETER MARKED B, BEARS S. 70-3/40 E. 1.12 CHS. AND A LIVE OAK TREE 6" IN EXHISIT .—/q— Page 12 of 2 6 Pages Page 3_of 3s FTGIS 1401C2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 6 of Schedule C SCHEDULE C (Continued) DIAMETER BEARS N. 83-1/4° W. 0.45 CHS; THENCE SOUTH 0° 23 ' E. 14.13 CHS. TO A STATION NUMBER 1/4S WHERE A 4" X 4" STAKE AND IRON PIPE IS SET, AND FORM WHICH A BLACK OAK 24 INCHES IN DIAMETER BEARS S. 120 E. 0 .54 CHS. AND A MADRONE TREE 10" IN DIAMETER BEARS S. 67-1/20 E. 0 .29 CHS. ; THENCE SOUTH 00 06' E. 14 .64 CHS. TO A POINT IN THE CENTER LINE OF COLLINS CREEK DESIGNATED ENGINEER'S STATION F.R. ; FROM WHICH POINT A REDWOOD TREE 5" IN DIAMETER BEARS S. 130 40' E. 0.25 CHS. AND A MAPLE TREE 9" IN DIAMETER IN A BUNCH OF 6 LARGE AND 12 SMALL MAPLE TREES BEARS N. 150 05' E. 0 .79 CHS. AND A FALLS IN THE CREEK ON A LEDGE RUNNING NORTH AND SOUTH AND TWO TO THREE FEET HIGH, 10 LINKS N.E. OF SAID POINT; RUNNING THENCE ALONG SAID CENTER LINE OF COLLINS CREEK, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: COLLINS CREEK FROM F.R. TO M.B. : COURSE DISTANCE IN CHAINS TO STATION NUMBERED S. 50-1/20 W. 1.20 1 S. 37-1/20 W. 1.04 2 S. 450 W. 0.90 3 S. 29-3/40 E. 0 .66 4 S. 68-3/40 W. 1.10 5 S. 70-1/40 W. 1.42 6 S. 51-1/20 W. 0 .78 7 S. 610 W. 0 .90 8 & MB WHICH ENGINEER'S STATION M.B. BEARS N. 740 W. 0.20 CHS. FROM A REDWOOD TREE 10" IN DIAMETER MARKED B.T.M.B. ; THENCE LEAVING SAID COLLINS CREEK AND RUNNING ALONG A BOUNDARY CANYON FROM SAID STATION M.B. TO STATION BB, WITH THE FOLLOWING COURSES AND DISTANCES NAMELY: BOUNDARY CANYON FROM M.B. TO B.B. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 28-1/20 W. 1.33 A N. 40-1/20 W. 2 .40 B N. 540 W. 2.00 C N. 58-3/40 W. 1.46 D N. 490 W. 1.67 E N. 66-1/40 W. 1.25 F N. 56-3/40 W. 1.66 G N. 50-1/40 W. 1.55 H N. 700 W. 1.81 BB WHICH SAID STATION BB IS MARKED BY A 3" X 3" PICKET IN THE CENTER OF A GULCH AND MAPLE TREE 10 INCHES IN DIAMETER IN A BUNCH OF 3 MAPLE TREES BEARS S. 4-1/20 W. 0.36 CHS. AND A BUCKEYE TREE 8 INCHES IN DIAMETER IN A BUNCH OF 6 BUCKEYE TREES BEARS S. 82-1/20 W. 0.25 CHS. BOTH OF WHICH TREES ARE MARKED B.T.B.B. ; THENCE S. 541 W. 9 CHS. TO A POINT IN BISSELL LANE AND A PIPE MARKED B.B. FROM WHICH A 4" X 4" WITNESS POST MARKED B.T.B.B. BEARS N. 540 50' E. 0 .27 CHS. AND A MADRONE TREE SIMILARLY MARKED 45 INCHES IN DIAMETER BEARS S. n EXHIBIT' Page 13 of 26 Pages Page I' Qf ✓L FTGIs 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 7 of Schedule C SCHEDULE C (Continued) 8° W. 2 .015 CHS. AND A POPLAR TREE 16 INCHES IN DIAMETER SIMILARLY MARKED BEARS N. 25-1/20 W. 0 .623 CHS. ; THENCE ALONG THE CENTER LINE OF SAID BISSELL LANE, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: BISSELL LANE, CENTER LINE FROM B.B. TO L.D. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 9-1/20 W. 0 .61 I N. 23-3/40 W. 0 .62 K N. 38-1/20 W. 1.00 L N. 42-1/20 W. 2.90 M N. 54-1/20 W. 0.72 N N. 67-1/20 W. 0.65 0 N. 84-3/40 W. 1.34 PIPE LD WHICH PIPE MARKED L.D. BEARS S. 67-1/40 E. 0 .63 CHS. FROM A POPLAR TREE 11" IN DIAMETER AND A REDWOOD TREE 6" IN DIAMETER OUT OF A STUMP 6 FEET IN DIAMETER AND 10 FEET HIGH, BEARS S. 850 5' W. 0.77 CHS. ; THENCE LEAVING SAID BISSELL LANE AND RUNNING ALONG THE ROAD, THE FOLLOWING COURSES AND DISTANCES, NAMELY: FROM "LD" . COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 50 W. 1.75 1 N. 240 E. 1.60 2 N. 50 E. 1.95 3 N. 380 30' E. 3.50 4 N. 100 W. 2 .80 5 N. 370 30' W. 0.75 6 & KR3 TO THE PLACE OF BEGINNING. ASSESSOR'S PARCEL NO. 544-31-002 PARCEL NINE: (474371) BEING PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 31, 1985 IN BOOK J415 PAGE 576 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M. ; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50 CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE EXHIBIT A Page 14 of 26 Pages Page of 35 FrGIs 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 8 of Schedule C SCHEDULE C (Continued) ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/20 EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-12° WEST 5 . 92 CHAINS, SOUTH 80 30 ' EAST 0.61 CHAINS, SOUTH 10 WEST 0 .83 CHAINS, SOUTH 180 40 ' WEST 1.08 CHAINS, SOUTH 40 45 ' WEST 1.06 CHAINS, SOUTH 350 30 ' WEST 1.65 CHAINS, SOUTH 720 30 ' WEST 1.55 CHAINS, SOUTH 890 30 ' WEST 1.15 CHAINS, SOUTH 700 15' WEST 1.48 CHAINS, SOUTH 810 20 ' WEST 1.03 CHAINS, NORTH 890 52 ' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE SOUTH 0° 12 ' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 00 12 ' WEST 3 .18 CHAINS; THENCE SOUTH 430 40 ' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE NORTHEASTERLY ALONG THE CENTER OF SAID DOUGHERTY ROAD TO A STAKE OPPOSITE THE GATE IN LANE LEADING TO THE RESIDENCE FORMERLY OWNED BY G.R. BISSELL; THENCE SOUTHERLY AND ALONG THE CENTER OF SAID LANE TO A STAKE STANDING OPPOSITE THE CENTER OF VINEYARD GATEWAY; RUNNING THENCE EASTERLY IN A STRAIGHT LINE THROUGH THE CENTER OF SAID GATEWAY AND ALONG THE CENTER LINE OF A ROAD BETWEEN CHARBONO AND MALVOISE GRAPES, BEING THE LINE DIVIDING LANDS FORMERLY OF RANKIN AND BISSELL, TO A STAKE IN FENCE; THENCE PROLONGING SAID CENTER LINE OF SAID ROAD TO THE CENTER OF A GULCH; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID GULCH TO THE CENTER OF COLLINS CREEK AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE UP THE CENTER OF COLLINS CREEK TO THE LINE DIVIDING SECTIONS 6 AND 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE EAST ALONG SAID LINE BETWEEN SAID SECTIONS 6 AND 7 AND 5 AND 8 TO THE CENTER OF RAVINE; THENCE DOWN THE CENTER OF SAID RAVINE TO THE CENTER OF COLLINS CREEK; THENCE UP THE CENTER OF COLLINS CREEK SOUTHWESTERLY, FOLLOWING THE MEANDERS OF COLLINS CREEK TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THE PETROLEUM, NAPTHA, ASPHALTUM AND OTHER SUBSTANCES CONTAINING OR PRODUCING OIL, AND ALL COAL, MINERAL AND MINERAL SUBSTANCES, AND THE RIGHT, PRIVILEGE AND EASEMENT TO HAVE, TAKE AWAY AND REMOVE TO THE USE AND BENEFIT OF T.G. MCLERAN, ET AL, AND THEIR HEIRS AND ASSIGNS ALL THE SUBSTANCES AFORESAID, AND FOR THAT PURPOSE, FROM TIME TO TIME AND AT ALL TIMES HEREAFTER TO ENTER UPON THE ABOVE DESCRIBED PREMISES WITH THEIR SERVANTS, AGENTS, ASSOCIATES AND ASSISTANTS TO PROSPECT, SEARCH, DIG AND BORE FOR SAID SUBSTANCES AND TO EXTRACT AND WORK THE SAME, AS CONVEYED TO T.G. MCLERAN, ET AL BY INDENTURE RECORDED OCTOBER 19, 1865 IN BOOK U OF DEEDS, PAGE 220 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NO. 544-31-002 (PORTION) 544-33-003 PARCEL TEN: (474371) EXHIBIT i Page 15 of 2 6 Pages page,A,OI�_ FrGIS 1401C2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 9 of Schedule C SCHEDULE C (Continued) BEGINNING AT A REDWOOD TREE 2 FEET IN DIAMETER MARKED 111/4 SEC. " AND BEING THE 1/4 SECTION CORNER BETWEEN SECTIONS 31, TBS. , R1W AND SECTION 6, T9S, R1W; AND RUNNING THENCE ALONG THE LINE BETWEEN SAID SECTIONS 31 AND 6, NORTH 89-1/40 E. 15 CHAINS TO A MADRONE TREE 4 FEET IN DIAMETER MARKED WITH 3 NOTCHES FORE AND AFT (EAST AND WEST) FOR A STATION TREE ON SAID SECTION LINE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE 21.14 ACRE TRACT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/20 WEST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/20 WEST 5.92 CHAINS, SOUTH 80 30' EAST 0.61 CHAINS, SOUTH 120 WEST 0 .83 CHAINS, SOUTH 180 40 ' WEST 1.08 CHAINS, SOUTH 40 45' WEST 1.06 CHAINS, SOUTH 350 30' WEST 1.65 CHAINS, SOUTH 72° 30 ' WEST 1.55 CHAINS, SOUTH 890 30 ' WEST 1.15 CHAINS, SOUTH 70° 15' WEST 1.48 CHAINS, SOUTH 810 20 ' WEST 1.03 CHAINS, NORTH 890 52 ' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE ALONG SAID 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6, NORTH 15.63 CHAINS TO THE POINT OF BEGINNING, AND BEING A PORTION OF SECTION 6 IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. AND M. ASSESSOR'S PARCEL NO. 544-31-004 PARCEL ELEVEN: (474371) BEING A PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 5, 1985 IN BOOK J312 PAGE 2167 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE, 24 INCHES IN DIAMETER, BEING THE OFFICIAL QUARTER SECTION CORNER IN THE MIDDLE OF THE NORTH LINE OF SECTION SIX (6) IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN, BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON MAY 26, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG SAID LINE (BEING THE TOWNSHIP LINE) EAST, ONE QUARTER OF A MILE, TO THE MIDDLE OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE AT RIGHT ANGLES NORTH, TO THE ROAD KNOWN AS THE CHASE ROAD, THENCE RUNNING ALONG SAID CHASE ROAD IN A GENERAL WESTERLY DIRECTION TO THE NORTHEAST CORNER OF THE LAND OF H. PETERSON (AS EXISTING ON MAY 26, 1892) ; THENCE SOUTH ALONG THE EAST LINE OF SAID PETERSON'S LAND (AS EXISTING ON MAY 26, 1892) ALONG FENCE A DISTANCE OF FIFTY FEET, MORE OR LESS, TO THE ROAD LEADING FROM SAID CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) ; THENCE ALONG SAID ROAD IN A GENERAL SOUTHERLY DIRECTION TO A POINT FROM WHICH A STRAIGHT LINE DRAWN TO THE REDWOOD TREE, THE PLACE OF BEGINNING, WILL PASS SOUTH OF AND DISTANT SEVENTY-FIVE (75) FEET FROM THAT CERTAIN SPRING WHICH IS SITUATED ABOUT HALF WAY BETWEEN SAID CHASE ROAD AND SAID ROAD LEADING FROM THE CHASE ROAD TO SAID PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) AND NEAR THE WESTERN BOUNDARY OF THE LAND HEREBY CONVEYED, WHICH SPRING ISSUES AT A LARGE REDWOOD STUMP, IN A CLUMP OF REDWOOD TREES, AND NEAR THREE LARGE CALIFORNIA LAURELS; THENCE FROM SAID POINT NORTHEASTERLY ABOUT ONE-EIGHTH OF A MILE TO THE PLACE OF BEGINNING; AND BEING A PART OF LOTS 10 AND 12 OF THE SUBDIVISION OF THE RENOWDEN TRACT AS SHOWN UPON THE MAP THEREOF EXHIBIT A Page 16 0( 2 6 Pages Page -i.�.��/'� _ FrGIS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Policy No. FTC 644245 Page 10 of Schedule C SCHEDULE C (Continued) OF RECORD IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, IN BOOK "C" OF MAPS, PAGE 51. BEING THE SAME PREMISES GRANTED TO SAID PARTY OF THE FIRST PART BY J.B. RENOWDEN, ET AL, BY DEED DATED MAY 26, 1892, OF RECORD IN LIBER 146 OF DEEDS, PAGE 529, ET SEQ. , IN THE COUNTY RECORDER'S OFFICE OF THE COUNTY OF SANTA CLARA, TO WHICH DEED AS THERE RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) AND 544-30-002 (PORTION) PARCEL TWELVE: (474371) BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN BOOK J334, PAGE 1832 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL ONE QUARTER (1/4) SECTION CORNER IN THE NORTH LINE OF SECTION 6, T.9.S.R.1.W. , M.D.M. , SAID POINT OF BEGINNING BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON JULY 6TH, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG THE 1/4 SECTION LINE SOUTH 5.16 CHAINS TO A STAKE MARKED 115411, FROM WHICH A BLACK OAK MARKED 11B.T.R.55" BEARS S. 30 30" W. 54 LINKS DISTANT; THENCE RUNNING ALONG THE CENTER LINE OF THE ROAD LEADING FROM THE CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON JULY 6TH, 1892) WITH THE FOLLOWING COURSES AND DISTANCES: S. 560 37' W. 1.50 CHAINS; S. 730 15 ' W. 0.61 CHAINS; N. 60° 45' W. 1.94 CHAINS; N. 740 30' W. 1.03 CHAINS; S. 700 52 ' W. 0.59 CHAINS; S. 540 30 ' W. 1.77 CHAINS; S. 470 W. 0 .26 CHAINS; S. 880 W. 0 .45 CHAINS; N. 540 15' W. 0.53 CHAINS, AND N. 360 46' W. 1.55 CHAINS; THENCE LEAVING SAID ROAD AND RUNNING ALONG THE SOUTHEASTERLY LINE OF LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE (AS EXISTING ON JULY 6TH, 1892) N. 600 45' E. 9.95 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 10 OF THE RENOWDEN SUBDIVISION, AS RECORDED IN BOOK "C", PAGE 51 OF MAPS, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 160 30' E. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY J.B. RENOWDEN, BY DEED DATED JULY 6TH, 1892, OF RECORD IN LIBER 150 OF DEEDS, PAGE 94 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-30-002 (PORTION) PARCEL THIRTEEN: (474371) BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN BOOK J334, PAGE 1828 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE STANDING IN THE NORTH LINE OF SECTION SIX (6) , TOWNSHIP NINE (9) SOUTH, RANGE ONE (1) WEST, MT. DIABLO BASE AND MERIDIAN, SAID STAKE LAHISIT Page 17 of 2 6 Pages Page, Zaf FrGiS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 11 of Schedule C SCHEDULE C (Continued) BEING DISTANT TWENTY (20) CHAINS EAST FROM A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL 1/4 SECTION CORNER IN THE SAID NORTH LINE OF SECTION 6, T.9.S.R.1W. ; THENCE ALONG SAID LAST DESCRIBED SECTION LINE N. 89° 45 ' E. 9.00 CHAINS TO A 2" X 3" STAKE; THENCE NORTH 0 .455 CHAINS TO THE CENTER LINE OF THE CHASE ROAD; THENCE RUNNING ALONG THE CENTER LINE OF SAID ROAD, WITH THE FOLLOWING COURSES AND DISTANCES; N. 82' 35 ' W. 0 .68 CHAINS; N. 710 15 ' W. 1.51 CHAINS; N. 67° 40 ' W. 3 .33 CHAINS; N. 75° W. 1.06 CHAINS; N. 780 30 ' W. 1.12 CHAINS; AND N. 740 54 ' W. 1.745 CHAINS TO A POINT FROM WHICH A 2 X 3 INCH WITNESS STAKE BEARS SOUTH 8 1/2 LINKS DISTANT: THENCE 3 .28 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 12 OF THE RENOWDEN SUBDIVISION, RECORDED IN MAP BOOK C, PAGE 51, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 16° 30 ' EAST. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY JOSEPH RENOWDEN, ET AL, BY DEED DATED AUGUST 17, 1892, OF RECORD IN LIBER I50 OF DEEDS, PAGE 496 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) PARCEL FOURTEEN: (474371) BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK J303 PAGE 919 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE 2-1/2 INCHES IN DIAMETER AND FOUR FEET LONG, SAID POINT OF BEGINNING BEING N. 640 44 ' E. 1.17-1/2 CHAINS FROM THE SOUTHWEST CORNER OF LOT NO. 11 OF THE RENOWDEN TRACT, AS RECORDED IN MAP BOOK C, PAGE 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; THENCE N. 6° 5 ' E. 1.71-1/2 CHAINS; S. 581 E. 1.95 CHAINS TO A STAKE, FROM WHICH BEARS A MADRONE TWO FEET IN DIAMETER S. 580 E. 3 LINKS MARKED B.T.L.G.N.3; THENCE S. 700 W. 1.94 CHAINS TO THE PLACE OF BEGINNING, BEING PART OF LOT 11 OF THE RENOWDEN TRACT AS RECORDED IN MAP BOOK C, PAGE 51 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND BEING SITUATED IN SECTION 31, T.8 S.R. 1 W. M.D.M. ASSESSOR'S PARCEL NO. 544-29-006 EXCEPTING FROM PARCELS ONE THROUGH FOURTEEN: ANY AN ALL TIMBER GROWING, STANDING, LYING, OR DOWN, TOGETHER WITH ALL RIGHTS TO HARVEST SAME, WITH FREE AND UNRESTRICTED ACCESS TO THE REAL PROPERTY FOR THE PURPOSES OF SEVERING AND REMOVING THE TIMBER CONVEYED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FREE AND UNRESTRICTED USE OF ANY AND ALL ROADS AND ROADWAYS LOCATED UPON THE REAL PROPERTY, TOGETHER WITH THE RIGHT TO CONSTRUCT SUCH ROADWAY(S) AS MAY BE REQUIRED IN ORDER TO HARVEST THE TIMBER CONVEYED THEREIN, AS CONVEYED BY HONG KONG METRO REALTY COMPANY, INC. , A CALIFORNIA CORPORATION TO ARLIE LAND AND CATTLE COMPANY, AN OREGON CORPORATION, BY DEED RECORDED "HISIT ? Page 18 of 2 6 Pages Page_I—Of 3S FrGIS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policv No. FTC 644245 Page 12 of Schedule C SCHEDULE C (Continued) AUGUST 14, 1996 AS INSTRUMENT NUMBER 13408132 AND AS CONCURRENTLY CONVEYED BY ARLIE LAND AND CATTLE COMPANY, AN 0REGON CORPORATION TO BIG CREEK LUMBER COMPANY, INC. , A CALIFORNIA CORPORATION BY DEED RECORDED AUGUST 14, 1996 AS INSTRUMENT NUMBER 13408133 . EXHI13IT Page 19 of 2 6 Pages P89e.2,-O of 3,L FrGiS 1401C2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 13 of Schedule C SCHEDULE C (Continued) EXHIBIT A Page 2 0 of 2 6 Pages Page L-ofJ_ FTGIS 14o,c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY FTGIS 1116 ENDORSEMENT Attached to: * Policy No: FTC 644245 *, OLD REPUBLIC NATIONAL Order No: 474371 TITLE INSURANCE COMPANY a Corporation,of Minneapolis,Minnesota The Company hereby insures the owner of the indebtedness secured by the insured mortgage against loss or damage which the insured shall sustain by reason of the failure of (i) a UNIMPROVED LAND known as UPPER BEAR CREEK ROAD, Los Gatos, CA (Unincorporated area of Santa Clara County] to be located on the land at Date of Policy, or (ii) the map attached to this policy to correctly show the location and dimensions of the land according to the public records. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South,Minneapolis,Minnesota 55401 (612)371-1111 By: President Cou signed: Attest: Secretary ` 010 �N°a.••. By aliclatingg Officer - H T CLTA Form 116(Rev.6.14-96) EX'•113'• Page 21 of 2 6 Pages Page 2-2--- of 3�_ FTGIS 116.7 ENDORSEMENT Attached to: * * Policy No: FTC 644245 * ** OLD REPUBLIC NATIONAL Order No: 474371 TITLE INSURANCE COMPANY 'f * a Corporation,of Minneapolis,Minnesota The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land described as Parcel ** in Schedule C to constitute a lawfully created parcel according to the Subdivision Map Act (Section 66410, et seq., of the California Government Code) and local ordinances adopted pursuant thereto. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South,Minneapolis,Minnesota 55401 (612)371-1111 By: �� President Cou signed: Attest: * Secretary ' °�0 B * ANda•�• y •" a i sting Officer CLTA Form 116.7(Flex.6-14-96) EXH1131T ALTA or CLTA-Owner or Lender Page 22 of 26 Pages Page�J 00s-- * * * ENDORSEMENT CONTINUATION Order No: 474371 �c Policy No: FTC 644245 **Parcels One through Fourteen (474371) EXHIBIT Page 2 3 of 2 6 Pages page z�-Of 3S FTGIS A9/100.2 ENDORSEMENT Attached to: * * Policy No: FTC 644245 * ** OLD REPUBLIC NATIONAL Order No: 474371 TITLE INSURANCE COMPANY 'E* a Corporation,of Minneapolis,Minnesota The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sustained by reason of: 1. Any incorrectness in the assurance that, at Date of Policy: a. There are no covenants, conditions or restrictions under which the lien of the mortgage referred to in Schedule A can be divested, subordinated or extinguished, or its validity, priority or enforceability impaired. b. Unless expressly excepted in Schedule B: (1) There are no present violations on the land of any enforceable covenants, conditions or restrictions, nor do any existing improvements on the land violate any building setback lines shown on a plat of subdivision recorded or filed in the public records. (2) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land does not, in addition, (i) establish an easement on the land; (ii) provide a lien for liquidated damages; (iii) provide for a private charge or assessment; (iv) provide for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant. (3) There is no encroachment of existing improvements located on the land onto adjoining land, nor any encroachment onto the land of existing improvements located on adjoining land. (4) There is no encroachment of existing improvements located on the land onto that portion of the land subject to any easement excepted in Schedule B. (5) There are no notices of violation of covenants, conditions and restrictions relating to environmental protection recorded or filed in the public records. 2. Any future violation on the land of any existing covenants, conditions or restrictions occurring prior to the acquisition of title to the estate or interest in the land by the insured, provided the violation results in: a. invalidity,loss of priority,or the unenforceability of the lien of the insured mortgage; or b. loss of title to the estate or interest in the land if the insured shall acquire title in satisfaction of the indebtedness secured by the insured mortgage. 3. Damage to existing improvements, including lawns, shrubbery or trees: a. which are located on or encroach upon that portion of the land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved. b. resulting from the future exercise of any right to use the surface of the land for the extraction or development of minerals excepted from the description of the land or excepted in Schedule B. 4. Any final court order or judgment requiring the removal from any land adjoining the land of any encroachment excepted in Schedule B. 5. Any final court order or judgment denying the right to maintain any existing improvements on the land because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records. Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or limitations contained in an instrument creating a lease. As used in paragraphs 1(b)(1) and 5, the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South,Minneapolis,Minnesota 55401 (612)371-1111 1 By: �' +: President Cou sig=alridadngg ` Attest: Secretary By cLTA Form 100.2(9-10.93) Page 24 of 26 Pages EXHIBIT A ALTA Form 9 (Restrictions,Easements,Minerals) (9.10 83) P89e OUL— FTGIS 1103.7 ENDORSEMENT Attached to: * * Policy No: FTC 644245 * OLD REPUBLIC NATIONAL Order No: 474371 TITLE INSURANCE COMPANY a Corporation,of Minneapolis,Minnesota The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land to abut upon a physically open street known as BEAR CREEK ROAD This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South,Minneapolis,Minnesota 55401 (612)371-1111 '•' 1 ., By: President Cou =aliatingg Attest: Secretary 4 By a CLTA Form 103.7(Rev.6-14-96) EXH1131T ALTA or CLTA-Owner or Lender Page 2 5 Of 2 6 Pages pageof. S FTGIS TIM 36 ENDORSEMENT Attached to: * * Policy No: FTC 644245 *�` * OLD REPUBLIC NATIONAL Order No: 474371 TITLE INSURANCE COMPANY yF * a Corporation,of Minneapolis,Minnesota Said Policy is hereby amended by deleting the following "Paragraph 5" or "Paragraph 7", as the case may be, from the Schedule of Exclusions From Coverage: "Any claim which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer resullts from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor." The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. This endorsment is not to be construed as insuring the title to said estate or interest as of any later date than the date of said policy, except as herein expressly provided as to the subject matter hereof. NOTE: When this endorsement is attached to an ALTA Loan Policy - 1970 (Rev. 1992) the paragraph deleted is Paragraph 5 and when attached to an ALTA Loan Policy- 1992 the paragraph deleted is Paragraph 7. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South,Minneapolis,Minnesota 55401 (612)371-1111 By: President Cou :=g - Attest: 7 Secretary 1 %,q)p ANd3,. By ��'1•... ....�� EXHIBIT T.I.M.36 ALTA-Loan Policy Page 26 of 26 Pages Page OFFKE OD ODUNT`r ASSESSOR- SANTA O-ARA MUW",CAUKRMAFE� - - - HOpKTE: PAGE ~ 29 I w-{-E r r O 0 Z \� 11254 0 n a MIDDENINSULA RWIOMAL ♦.\i A_ L T 11 9.9$ AC. I L`'T x Ya' PARK DIST. A LU a 5.00 AC /O 3 9 9- 12.313 AC. 7\ - cb Q, / n � ",O.PNr� /2 S ��'pf��''Y"2„R,► _ r.wla ns u _ 15 IR ot. 5.72 AC.'si csfe.�2 S.IBAC. I StyLQ+c z - I soy �q�h+cP Ak r ml 20 N _ r0/t4 T//OYISON NO. ci vcL.z - 3.832 AC. vCL.I - / 2.070 AC. y '� - __ _ �-9' / /f� a♦ r9:' "� ....•e a �` 'y acX—� to/zs 1MOYISOM RD. 3.Ga I AC 28.68 AC. I \.6 Two 95 20 S.21B/7 r/ssc rso - a tt RENOWDDEN TRACT l�J -- OFFICE of COU.TT/ASSESSOQ+SAMTA pAQA COU-1 .CAU TORMIA Sq0% ►AGC Oo RENOW9EN TRACT Y � _ 31 1 _ 2 vm.xv�aTwlnwmx 3 .�, •ape ALFltEgnO I.Cr� r�E550R NOTICE: Thi. a n.iH.i cem°nl.» ` ✓ b f.r.i.lyd m.r.lr.s nc.fe.id P� LOT bc.ffi.°th. I..d indm.r.d henen�Bn nf.nnc• .......N..d eth..6.4.N.li.b;i.+y i...wm.d b No ►t w.w of nT nl:•wc.Irmo. eoo l.!!c• •SOf. c°!Ca 1 S p LOT 10 LOT 7 LOT 6 LOT Z p r p ,�/ f . �w4er;,a N O ZV 1 T 1 A T E 101SIC: ..oc° /9.TlS Two-PSON RV- 0 QO . 9 ft� R.ln �t✓ '� � �O LOT9 ,.tea�4ay LOT 10T5 10T4 4y LOT I L 0 5 II( G A T O 5 ;N Pei- * r 0 o- i 85R I 79 SR IVV 311c. I 95QZw V 5cow—�i— rffd S > 9U075 > T *8STZ T95R?W SZ 51 O F F I C E O F C O U N T Y A S S E S S O R S A N T A C L A R A C O U N T Y, C A L I F O R N I A LBOOK PACE 544 � Twp as. 1 Two 951. o //SR 750 1 5 5 ! • ? ��)[•, MMCa .i[a Ta.aC,. .6 l Y+?17)fI •')5)9CO 0CC T1.10 •C• -we 31` 6 i Q• / _ 7Ca M•II qA—wer O. 1 0 Ja• p ••'•+� Z ��fl'��J�/ � 4, q dam/ die �P` !es IoJ ca 4i 0 �• �`7pca , Ma rT•p Its- !jilt 4 _ + w.7 2 ra t N O V I T I AT E OF L O S G A T O S uo E=2� �1:T75) e`/•4 (.�{t� ( V d1.- / '�. ..sa �`u.a°sst g..a W.B. ^�•.w s usa s R an /I . . F1o'sc. /I s CeK •q c. StY p I4sL �b� a•a T.59 AC GR "� �/yJy 2 5 _ .f 1ia,•y,,,l a,sc• � � apace - , 1 Q0 y IV //�� 0 NOVITIATE OF �] `g aKP F!' LOS GATOS • OWNERS REOUEST _ =�C Zia,[+ r apo<a ♦•7 rw aplc. ! /).p '9' + N I i 1 i 39.24 AC GR _ J iw•7 6 U) _ W _U � C-Old n confom c:,.th sec 327 of Ne R h i.cock (v� t poposes ody Etf- For Roe Yw 1998-99 M OFFICE OF COUNTY A SV=R-6 TARAaA COUNTY�CAUfOR"M 0 NOTICE:The h n.fth•r , " pi•: . 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S 15 pin _ 1 O 15839 aC NET .`I .465 AG N£- 1 15314 ACNET \tip/(�ri NET PCL.i PLL.2 1 PCL I « .. E. Ti-'arpp9�LL Ix 3 � 'A Z8 IE/MJ ORf.6M R.O.S.271-M-52 15.147 `,ino/eensR ow.il 26 Rf5£RVo/R _rni nT� A L M A /C O L L E G E ~ Q j i 4.596 AG.NET I (4a Pcr map lad,Fcn ls,wt.) 1 PCL. P.M. 321-M-7 r ' h / OcL N6 le N O V I T I AT E OF L 0 5 G A T O S / - GO 0,LED IN Cal✓CRMANI;Wff"TM a1:G Rf T /rA .///{�� /j''J� I(`' e - Rom'{ Of THE RE�ENIIL'a TA11AT17N CmE ` ,P\ /-I • 7 •�.� ! �/6.I I �C�•,.1 e ''•a• EFFELTNE WTE-swa 1,.1993 Fr 9 ALFRED E.CARLSON-ASSESSOR •P + /9I60 R£RR CRE£K 0. 10400!£AR CREEK R0. � � S r 9460- � � ,• � 31 r,x.f ss O ; 9E pF ,n I R.D.S. 411117 JTr,CE cE COJNTV•SSESSON SENT/.C♦.ow CCJMTT Cr• lo.... NOTICE: Thn i. MNn•. . q4. .e. • rVer. R OY f;.gL•6 m.d ';c r.n+•ni•nc•.o dr.^b �jQ4 28 25 1oc,fin9 fL• 4n!irq • !Mr•oe riln•n fe m•en•.d elh•r L.nl.No L.6il;Er a•oem•d bE ErNn a qnT nlunc•►.nen. .� RENOWDEN TRACT- LOT N912 I a1F® 34.798 AC. i ' I - i ; JfALf !"vo 1= I L � ; � - oo 3.505 AC GR i � �!^: •� r°clarrR n � ^n..'d.�o, c �.,�. "sue - J� G •t _ —9 s�d�' 523—'C GFr, N O v T AT E O: ,05 G ATO' •�,s^,, „ (2 4454C nLED, •Er 6 r 5 �CSO,W _.SE77GC 1 CpJ%ED,M Cp,ET RM.MCE�IITN SE �,(PEVENw1E.wNRCJr 1,+1993 E If ECT1VE _ASSESSO L.F. R pRED50N _ CpV.ii EO�N Cpy!CNw anC1 r:IN SEC J_T Cf:wE qE+l nui 6 -•r•,+••[OCE ; 1E+LIITr.i O,TE 1993 ; ALFAED E CAR.50N-ASSESSOR , OFFICE OF COUNTY ASSESSOR- SANTI. CU.R►, COUNTY, CALIFORNIA r NOTICE. 76n i, n•�ff,.. • Pbf n, n•r. 1f BOOK DPGE >.Lmsn.d_..:,. .•..n,•n�:fo e,�rev i• 544 50 O a a' 4e d.rh•. efn 1•+_. 1i:oab�Kfy n•swm.d A 3t br o•wn o1.ny r•L.no•L•..e� O N� TVP 95• RTw Tw995•RIw -asr_� wand - / 6 Y0-�' fa 5 Y'ISLtw' n 7 IIOYI\I•TC a L4 , MF��OrS� eoo>c . 6 Q W8. W.B. Q S ws. 33 •O K 9rY 3 ' •B%K � 60 K 4 rr 99 J :CT 11 L , SUMMIT ~• '"."."1a} • 99 ��/ �/ 56 S A N T , C Q 2 O 6 1, r 1- Ap"rL CO. BDRY. ESTABLISHED BY - O ,� l163 P NI ORD.NO.N.S.-3.13 I I-19-71 w4�J E��rSS� W E r/ fD9 B K GR. r m, �- 0 T'2•J'95 _V OFFICE OF COUNTY ASSESSOR - SANTA CLARA COUNTY CALIFORNIA BOOK P A G E 544 56 PORTION SEC. 8 T.9S. R.IW. P.M. 346-M-26 — • �""" azz cKl0c cwntID'rt, m A t f I_fs ofE � o►rt• ASSESSOR PCL.A MR£O E•�"'- 6.23 AC. GR. 5.67 AC. NET 33 O i"=200 P P.M. 557 - M - 48 s .s. c".-1040.49 --- tNa sas.oz R.OS J .328-M-5 a . PCL. B °>,� �oss3—O�; y tii� san f4.q zs. 3� _ PCI. I : 1.05 AC.GR. �� P 21.079 AC.GR, 20.79 AC.NET 3 '� •>> r' - ^� /.�� -tuns amfsx r� s' ti0 a3 t 'f=PCL.a Gc, �I 22.7-/ r. w.s. 11�0 35.34 sa A tp NOVITIATE OF lOS GATOS 8 z"Os s••^T» • R.O.S. 18I-M-20 LOT 19 T..i C 2.34 AC.NET!f / 1 � PCL_A i s go s /,sue _�. • 1 0L0 r /' / " "o's••xrA cwct xr. N �0 A 70 / T'A r►r.r C\ 9\\A 'f h�;'lll w �G• M1 viixf sr (ti0Q \ 1 Nonce: n, ?. >>> FD•• `� /2 0 4 fu.w6h•d modri n4iM•r an p4f epc . •,.,.r !� 't I.C4f1 •4 eo...n{..e.•�eid.�l/ \ / �t I oo • 1 4wn1F4 lend ndlee e•d A..•en .ew4nC• 1 70�0 I a �� +„ 3]O AC. NET a^h•.6 4•d olAe.'..•,d. r.. r:.ed:.,a nl• 4 0 6 I J 3.2 20 1 •1.r nG.nc. F.c.on m.d L •' T \ �' AC. 1 2.32 AC.o \ o.ax£ws • / oroucsr \ PCL. C I PCL. a ` .fr+-rs / 1. - srz co 53 AC. NET- zcs.a7 I .n.zs ``' - zs. •o O P.M. 326-M-43 Zo - (� 35 OFFICE OF COUNTY ASSESSOR- SANTI. O.l.RA COUNTY, CALIFORNIA NOTICE! Thi, is •i,h.r • pl.t n r • .ur..y. 11 BOOK PK,E r I.mi,h.d m.r.l,,.ann...i. Io -1w, ,h. I•nd i.diu,.d h.non.iHr r.l•r.nc. O � w.f..bt,•nd ah.r I•nd.No I;eb;h,y n•.aurn.d St O ^ 3t by tr• n f—y h........li•n,. TWp 95� R2W TVYf')S'RIW o n IS-11Ail b L4 _� lar w gS l e rra�llsr w 1 •3 � 7 . � W u 5 A C, S wfl. •O K '9rA j 33 \Q B99 �Cvtl••-t Ci l41 6A•Of :CT Il o SU,•MIT 9O 56 S A N T A O C R 7 O L ti r N'sfc�*" CO. BDRY. ESTABLISHED BY ORD.NO.N.5-3.13 11-19-71 �•. 35 c _•rV' 'SS� Iry-E _ t0).0 K 6R. c QE. tyf4E - lm K ' Y S•!'95 LEASE AND MANAGEMENT AGREEMENT THIS LEASE AND MANAGEMENT AGREEMENT ("Lease"), dated for reference purposes as of June 28, 1999, is between PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation("POST"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District"). RECITALS: A. POST is the owner of a parcel of real property located in unincorporated Santa Clara County, California, generally known as the Upper Property, and more particularly described in Exhibit"A", which is attached hereto. The Upper Property is referred to herein as the"Premises." B. POST and District have entered into that certain Purchase Agreement dated for reference purposes as of June 28, 1999 (the"Agreement"), pursuant to which, among other things, POST has purchased the Premises from District, and POST has agreed to lease the Premises to District. C. As provided in the Agreement, POST is willing to lease the Premises to District, and District desires to lease the Premises from POST upon the terms and conditions set forth below. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, POST and District (collectively, the "Parties") hereby agree as follows: 1. Lease. For and in consideration of the mutual covenants and agreements by the Parties contained in this Lease and in the Agreement, POST does hereby lease to District, and District does hereby lease from POST, all of the Premises. 2. Premises Leased AS IS. District hereby acknowledges and agrees that, as more fully provided in the Agreement, for the purposes of this Lease (a)District has had an adequate opportunity to inspect, evaluate, investigate and test the Premises including, without limitation, the physical, economic and legal condition thereof; and (b)POST has disclaimed the making of any representations or warranties regarding the Premises other than those expressly set forth herein. Consequently, District specifically acknowledges and agrees that District hereby leases and accepts the Premises in their existing"AS-IS" condition. 3. Lease Term. 3.1 Initial Lease Term. District shall have and hold the Premises for a term commencing on the Effective Date and ending on the earlier of(A) the conveyance of fee title to the Premises to District by POST; or(B) five(5)years from the Effective Date (the"Lease Page 1 EMgIT��— Page_L_of—il.- Lease and Management Agreement Term"). As used herein, the term"Effective Date" shall be the date this Lease is executed by both POST and District. 3.2 Renewal/Extension of Lease Term. District may, at least 60 days prior to the expiration date of the Lease Term, give POST written notice of its desire to renew this Lease. In that event, District and POST agree to meet and negotiate in good faith in an effort to reach mutual agreement upon the terms and conditions of such a lease renewal, including rent and the extended lease term. 3.3 Reconveyance to District. The parties acknowledge that, during the Lease Term, it is POST's intention to solicit and receive grants, gifts and other contributions so as to enable to POST to reconvey fee title to the Premises to District for use and operation as an open space preserve in perpetuity, upon such terms and conditions as are acceptable to POST. Accordingly, the Lease Term, or any renewal or extension thereof, shall terminate upon such reconveyance. 4. Rent. District promises to pay rent ("Rent")to POST, at the address of POST set forth in Section 15.5 below (or such other address as POST may designate to District in writing from time to time), in an amount equal to One Dollar($1.00)per month. POST and District agree that this amount is reasonable in view of District's performance of its covenants and agreements contained herein and in the Agreement(including, without limitation,those regarding indemnification, maintenance, operation and insurance of the Premises) and the payment and performance by District of its obligations under the Agreement. 5. POST's Representations Warranties and Covenants: POST covenants, represents and warrants as follows: 5.1 Organization. POST is duly organized and validly existing under the laws of the State of California. 5.2 Requisite Action. All requisite corporate action has been taken by POST in connection with POST's execution of this Lease, and has been taken or will be taken in connection with the agreements, instruments or other documents to be executed by POST pursuant to this Lease and the consummation of the transactions contemplated hereby and thereby. 5.3 Title. To POST's knowledge, POST owns fee simple title to the Premises. POST has not executed any contract to sell the Premises or any part thereof or granting an option to purchase the Premises or any part thereof or granting a right of first refusal with respect to the Premises or any part thereof. 6. Insurance; Indemniy, Notification. 6.1 District shall maintain and keep in force a policy of general commercial liability insurance with a carrier licensed to do business in California and reasonably acceptable to POST, insuring against claims for personal injury, death or property damage occurring in, on, or about the Premises to afford protection to the limit of not less than Two Million Dollars ($2,000,000) aggregate limit with respect to bodily injury or death and to property damage. All such policies Page 2 EXHI13IT 6 . Page z O z Lease and Management Agreement of insurance shall name POST as an additional insured. In the event District were to become self-insured during the term of this Lease, District may satisfy this subsection by providing self- insurance through a government self-insurance pool which shall provide the same limits of coverage. 6.2 Indemnification. District agrees to indemnify, defend, and save POST harmless from any liability, loss, cost, expense or claim of any nature resulting from any damage to person or property arising out of the negligent or intentional acts or omissions of the District in the exercise of any of its rights or obligations pursuant to this Lease. 6.3 Notification. POST and District agree to notify each other in writing within ten (10) days after POST or District, as the case may be, receives any written complaint or claim with respect to this Lease or the Premises. The delivery of written notification shall include a copy of all pleadings if a complaint is filed, or of all correspondence and exhibits if a claim is not filed. 7. Legal Responsibility and Indemnification. During the life of this Lease, District shall have full legal responsibility for management, control and operation of the Premises and the condition thereof and for all activities conducted thereon, and in this respect, except as otherwise set forth herein, District shall hold POST harmless from and defend POST against any and all claim or liability for injury or damage to any persons or property whatsoever occurring during the life of this Lease in, on, or about the Premises arising out of any condition of the Premises or of any act, neglect, fault or omission by the District with respect to District responsibilities as set out in this Lease. POST likewise agrees to indemnify, defend and hold harmless District and its agents, officers, officials, and employees against any and all claims or liability for injury or damage to persons or property arising out of or resulting from the negligent acts or fault of POST, or its agents, employees, officers, or servants, in connection with the Premises. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. 8. Real Property Taxes and Assessments. POST hereby promises to pay, prior to delinquency, all Impositions. For the purpose of this Lease, "Impositions" means all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, if any, lawfully imposed by any governmental authority or entity(other than District),that may be levied, assessed, charged or imposed or may be or become a lien or charge upon the Premises or any part thereof, or upon the Rent, or upon the income of POST. Impositions also include, but are not limited to, the payment of installments on any bonds or periodic charges imposed or required by any governmental authority or entity(other than District). 9. Use and Management of the Premises. 9.1 Use. During the term of this Lease and any extension thereof, District agrees to use the Premises for the purpose of open space preservation and to use the Premises as part of the ecological, recreational and scenic resources of the mid-peninsula area, and for any other related legal use that is consistent with the purposes for which District was formed. Without limiting the generality of the foregoing, District shall specifically have the right to maintain all existing trails Page 3 EXHIBIT Party 3 of ( z Lease and Management Agreement and improvements incidental thereto on the Premises for any purpose consistent with the purposes set forth in Article 3 of Chapter 3 of Division 5 of the California Public Resources Code. Notwithstanding anything herein to the contrary, District shall not, without POST's prior written consent (which consent may be granted or withheld in POST's discretion), make or permit to be made any physical alterations or changes to the Premises other than as may be reasonably necessary for the purpose of preventing unauthorized access to the Premises or to comply with the terms of this Lease. The premises shall be used and managed in accordance with the Preliminary Use and Management Plan for the Premises adopted by the District on March 10, 1999. 9.2 Mana egement. District shall be responsible for management of the entire Premises for that period of time from the date of execution of this Lease until District or another public agency acquires fee title ownership of the Premises from POST. District may install gates, appropriate signing, and fencing as necessary in the sole opinion of District and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Premises. 9.3 Patrol. District will patrol and manage the Premises in a manner consistent with adjacent District holdings to ensure that the Premises is kept in a safe and sanitary condition and that deleterious or incompatible uses of the Premises are prohibited. Should any trespass or other unauthorized use or activities occur upon the Premises, District may exercise its authority to correct these matters including, where necessary, enforcing District regulations and ordinances on the Premises. The Premises shall be deemed to be property under the control of District for purposes of Public Resource Code Section 5558 and shall be deemed to be "District Lands" as defined in the District Ordinance No. 93-1. 9.4 Compliance with Laws. District shall comply with any and all federal, state, and local laws, statues, codes, ordinances, regulations, rules, orders, permits, licenses, approvals and requirements applicable to the use and occupancy of the Premises by District and District shall not commit and shall not knowingly permit others to commit waste upon the Premises. 9.5 Surrender of Premises. Except as otherwise provided in this Lease, and subject to acts of God, upon the expiration or earlier termination of the Lease Term, to the maximum extent the same is reasonably within the control of District, District shall surrender the Premises in substantially the same condition as it was in upon the Effective Date, except for any changes to such condition made or caused to be made by POST or any of POST's agents, lenders, contractors, engineers, consultants, employees, subcontractors, licensees, invitees and representatives. 9.6 Maintenance and Utilities. During the Lease Term, District shall not use the Premises for any purpose whatsoever except as expressly provided in this Lease. District shall be solely responsible for the cost of providing any utilities or other services necessary for District's use and occupancy of the Premises and District shall promptly pay and/or discharge any liens that may be recorded against the Premises or District's leasehold interest therein resulting from any work performed or materials ordered by or on behalf of District. During the Lease Term, District shall maintain and repair the Premises in such manner as reasonably Page 4 EXHIBIT Page-4.�of.2— Lease and Management Agreement necessary to preserve its existing character; provided, however, that District shall not be obligated to make any material capital improvements to the Premises. 9.7 Removal of Improvements; Damage to Premises. Except as POST may otherwise agree or direct in writing, in POST's sole discretion, upon expiration or termination of this Lease, District shall remove from the Premises any improvements made or installed by or on behalf of District. District further acknowledges and agrees that this Lease shall continue in full force and effect notwithstanding any damage, destruction or casualty to the Premises or any portion thereof, and District expressly waives any right to terminate this Lease as a result of such damage, destruction or casualty (including, without limitation, any rights granted under Section 1932, subdivision 2, and Section 1933 of the California Civil Code). 10. Assignment and Subletting. District may not assign or sublease this Lease to any other party without the prior written consent of POST, which consent shall not be unreasonably withheld or delayed with respect to an assignment to a party that expressly assumes in writing all of District's obligations and liabilities hereunder; provided, however, that under no circumstances will POST withhold its consent to an assignment to another governmental entity or to a non-profit organization whose principal purpose is environmental conservation and/or habitat preservation so long as such entity or organization expressly assumes in writing all of District's obligations and liabilities. In the event of an assignment or subletting, District shall remain liable for the payment of all Rent and the performance of all of District's obligations under this Lease, except if and to the extent such obligations are released in writing by POST. 11. Mortgaging of Leasehold Estate. During the Lease Term, District may not encumber its leasehold estate without the prior consent of POST, which consent shall not be unreasonably withheld or delayed. 12. Mortgaging of Fee. During the Lease Term POST may not encumber its fee estate in the Premises without the prior consent of District, which consent shall not be unreasonably withheld or delayed. 13. Remedies Upon Default. 13.1 POST Remedies. POST shall have the right to terminate this Lease only on condition that (a) District has failed or refused to perform any of the material covenants or conditions of this Lease on District's part to be kept and performed; (b) POST has provided written notice to District of such material default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease POST believes in default; and (c)within thirty (30) days of its receipt of such written notice, District has failed to commence a cure or, if said default is of such nature that the same cannot be rectified or cured within said thirty (30) day period, and District has failed to commence the rectification or curing thereof within said thirty (30) day period and/or District fails thereafter diligently to cause such rectification or curing to proceed to completion. POST shall have the right to terminate this Lease in the event District defaults under any of the terms or conditions of this Lease and such default remains uncured for a period of thirty (30) days following written notice to District of the nature of such default. Notwithstanding the Page 5 EXHIBIT Page S of_Lz Lease and Management Agreement foregoing, however, if the nature of such default is such that it cannot be cured within thirty(30) days, District shall not be considered in default of this lease so long as District commences the cure of such default within thirty(30) days and thereafter diligently attempts to complete such cure as soon as reasonably practical. 13.2 District Remedies. If POST fails or refuses to perform any of the provisions, covenants or conditions of this Lease on POST's part to be kept or performed, District shall have the right to take any action permitted at law or in equity to enforce the provisions, covenants and conditions of this Lease. However, prior to exercising such right or remedy under this Lease that District may have against POST on account of any such default, District shall provide thirty(30) days' written notice to POST of such default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease District believes to be in default. Notwithstanding any other provision hereof, District agrees that if said default is of such a nature that the same cannot be rectified or cured within said thirty (30) day period, then such default shall be deemed to be rectified or cured if POST within said thirty(30) day period shall have diligently commenced the rectification or curing thereof and shall diligently continue thereafter to cause such rectification or curing to proceed to completion. 14. Condemnation. 14.1 Condemnation Award. If the whole or any part of the Premises is taken or condemned by any authority(other than District)for any public use or purpose during the Lease Term or any extension thereof, any remaining proceeds shall be paid to and retained by POST. 14.2 District Rights. Notwithstanding the foregoing, District hereby reserves the right to bring any and all separate claims as may permitted by law to compensate District for any and all claims it may have for the taking of any of District's property in connection with such condemnation or other taking, as well as to assert any legal rights or challenges to the authority of the condemning agency to institute such condemnation proceedings. 14.3 Condemnation of Less Than Entire Premises. If less than the entire Premises shall be taken pursuant to such condemnation action, then this Lease shall continue in effect with respect to the portion of the Premises not so taken, except that the Rent payable shall be reduced by a fraction, the numerator of which shall be the number of acres taken or condemned, and the denominator of which shall be the acreage of the Premises prior to such condemnation. 15. Miscellaneous Provisions. 15.1 Invaliditv. If any term or provision of this Lease or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, shall not be affected. 15.2 Successors and Assigns. Subject to the limitations set forth above, the terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the Parties, their heirs, personal representatives, successors or assigns, and shall run with the land; and where more than one party shall be lessors or lessees under this Lease, the words Page 6 EXHIBIT Page Lease and Management Agreement "POST" and "District" whenever used in this Lease shall be deemed to include all lessors or all lessees, as the case may be,jointly and severally. 15.3 Writin . No waivers, alterations or modifications of this Lease or any agreements in connection with this Lease shall be valid unless in writing duly executed by both POST and District. 15.4 Construction. The captions appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this Lease or in any way affect this Lease. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 15.5 Notices. Any notice, demand or request required hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b) telephonic facsimile transmission; (c) nationally recognized overnight commercial mail service; or (d) registered or certified, first class U.S. mail, return receipt requested. If intended for District, shall be addressed as follows: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If intended for POST, shall be addressed to: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 Such addresses may be changed by notice to the other Party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause (a) or (b), above, shall be deemed received upon such personal service or upon dispatch by electronic means (provided, however, that a dispatch by facsimile transmission that occurs on any day other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause Page 7 EXHIBIT Page Lease and Management Agreement (c), above, shall be deemed received on the business day immediately following deposit with the commercial mail service and, if sent pursuant to clause (d), above, shall be deemed received forty-eight (48) hours following deposit in the U.S. mail. 16. Authority to Sign. The parties executing this Lease on behalf of POST and District represent that they have authority and power to sign this Lease on behalf of POST and District, respectively. 17. Indemnification. District and POST each agree to indemnify and hold harmless the other against and from any and all causes, claims, actions or proceedings arising from any breach or default in the performance of any obligation on the other's part to be performed pursuant to the terms of this Lease, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereon. If any action or proceeding is brought against POST or District by reason of any such claim, District or POST, upon notice to the other, shall defend the same at their expense by counsel reasonably satisfactory to the defended entity. 18. Broker. POST and District represent to each other that it has had no dealings with any real estate broker or agent or finder in connection with this Lease and each shall indemnify and defend the other from and against any and all claims for commissions or finder's fees that may be claimed as a result of the action of either party. 19. Entry by POST. POST reserves and shall at any and all times have the right to enter the Premises at reasonable business times upon giving at least forty-eight (48)hours' prior written or oral notice to District, to inspect the same for compliance with this Lease or to post notices of nonresponsibility, except in the event of an emergency for which notice will not be required, all without being deemed guilty of an eviction of District and without abatement of Rent, provided that the use of the Premises by District and its employees, licensees and invitees shall be interfered with as little as is reasonably practicable. 20. Quiet Enjoyment. So long as District shall perform the terms to be performed by District hereunder, District shall have the absolute peaceful, quiet use and possession of the Premises without interference or hindrance on the part of POST until the termination of this Lease and the end of the Lease Term, and POST shall warranty and defend District in such peaceful and quiet use and possession under POST. 21. Estoppel Certificate. POST and District shall, at any time and from time to time upon not less than twenty(20) days' prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing(a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect) and the dates to which the Rent and other charges are paid in advance, if any, and (b) acknowledge that there is not, to such party's knowledge, any uncured defaults on the part of the other party, or specifying such defaults, if any, that are claimed, and (c) certifying such other items as any party may reasonably request. The failure of either party to deliver such statement within such time shall be conclusive upon the other party (a) that this Lease is in full force and effect,without modification except as may be represented Page 8 EXH1131T Page�.ot—U _ Lease and Management Agreement by POST, (b)that there are no uncured defaults in the other parry's performance, and (c) that not more than one month's Rent has been paid in advance. 22. Conflict of Laws. This Lease shall be governed by and construed pursuant to the laws of the State of California. 23. Attorneys' Fees. If either party should bring suit or seek arbitration under this Lease, or because of the breach of any provision of this Lease, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action or arbitration and shall be enforceable whether or not the action is prosecuted to judgment. 24. Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of POST or District to insist upon the performance by District or POST in accordance with said terms. 25. Time. Time is of the essence with respect to the performance of every provision of this Lease in which time or performance is a factor. 26. Prior Agreements. This Lease contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 27. Amendments. No provision of this Lease may be amended or added to except by an agreement in writing signed by the Parties or their respective successors-in-interest. 28. Applicable Law; Severability. As used herein the term"all Applicable Laws" shall mean and refer to all state, federal and local ordinances, statutes and laws including but not limited to all such statutes, laws and ordinances referred to in Section 30.2 below. Any provision of this Lease that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and such other provisions shall remain in full force and effect. 29. Signs. With POST's prior consent(which consent shall not be unreasonably withheld or delayed), District shall have the right to place signs on or about the Premises so long as such signs comply with all Applicable Laws, including applicable zoning laws. 30. Hazardous Substances. 30.1 Use. District shall not store, use, generate,transport, introduce, or dispose of any Hazardous Substances in or on the Premises, or knowingly allow or permit any other person or entity to do so, except in compliance with all Applicable Laws, including any obligation to notify POST of same, except that District may store, use, generate,transport, introduce, or dispose of such quantities of Hazardous Substances normally used for the purpose of District's routine and Page 9 EXHIBIT Page.,.I-OLD. Lease and Management Agreement customary janitorial, pest control, and vegetation management and control operations. District shall submit to POST copies of all permits, reports, or other documentation pertaining to Hazardous Substances, if any, submitted by District to any governmental agency at the same time such documents are submitted to the governmental agency. 30.2 Definition. "Hazardous Substances" means any hazardous substance, pollutant, or contaminant as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended and reauthorized, hydrocarbon and petroleum products and byproducts; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, as amended; asbestos, polychlorinated biphenyl and other substances regulated under the Toxic Substances Control Act, as amended; chemicals and compounds subject to the Occupational Safety and Health Standards, Hazard Communication, as amended; radioactive materials or radioactive wastes; toxic wastes under the Resource Conservation and Recovery Act, as amended; hazardous substances as defined in Chapter 6.5,Division 20 of the California Health and Safety Code, and any other hazardous substance, pollutant or contaminant defined in regulations promulgated pursuant to statutes described above. Hazardous Substances shall not include any substance that occurs naturally in the soil or the Premises or in the groundwater thereunder. 30.3 District's Obligations. District shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances to the extent required by all Applicable Laws with respect to Hazardous Substances. 30.4 District's Indemnity. District shall indemnify, defend, and hold POST harmless from any expenses, fees, claims, liabilities or costs arising from, and shall perform (or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to any Hazardous Substances, to the extent required by any Applicable Laws with respect to Hazardous Substances. 30.5 POST's Obligations. POST shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances introduced or permitted to be introduced in, on, or under the Premises by POST or any of its employees, agents, contractors, invitees, or licensees ("POST Hazardous Substances")to the extent required by any Applicable Laws with respect to Hazardous Substances. 30.6 POST's Indemnity. POST shall indemnify, defend, and hold District harmless from any expenses, fees, claims, liabilities or costs, and shall perform(or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to Hazardous Substances arising from any POST Hazardous Substances. 30.7 Survival. POST's and District's obligations under this Article 30 shall survive the expiration or earlier termination of this Lease, including, without limitation, any termination resulting from any default by POST or District under the Lease. 31. Arbitration of Disputes. If a dispute arises out of or relates to this Lease 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 Page 10 EXHIBIT Page-LQ of.,_[2_ Lease and Management Agreement 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 Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR LEASE TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. POST INITIAL DISTRICT INITIAL Page 11 EXHIL3IT Page L-of_LL- Lease and Management Agreement POST AND DISTRICT, by their execution below, indicate their consent to the terms of this Lease. DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code By: Jed Cyr Its: President, Board of Directors Date: POST: PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation By: Audrey Rust Its: President Date: ATTEST: By: Peggy Coats, District Clerk Date: Page 12 EXHIBIT Attachment 6 Lease and Management Agreement Between District and Peninsula Open Space Trust for Upper Property LEASE AND MANAGEMENT AGREEMENT THIS LEASE AND MANAGEMENT AGREEMENT ("Lease"), dated for reference purposes as of June 28, 1999, is between PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation("POST"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code("District"). RECITALS: A. POST is the owner of a parcel of real property located in unincorporated Santa Clara County, California, generally known as the Upper Property, and more particularly described in Exhibit"A", which is attached hereto. The Upper Property is referred to herein as the"Premises." B. POST and District have entered into that certain Purchase Agreement dated for reference purposes as of June 28, 1999 (the"Agreement"), pursuant to which, among other things, POST has purchased the Premises from District, and POST has agreed to lease the Premises to District. C. As provided in the Agreement, POST is willing to lease the Premises to District, and District desires to lease the Premises from POST upon the terms and conditions set forth below. AGREEMENT: NOW, TBEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, POST and District (collectively, the"Parties") hereby agree as follows: 1. Lease. For and in consideration of the mutual covenants and agreements by the Parties contained in this Lease and in the Agreement, POST does hereby lease to District, and District does hereby lease from POST, all of the Premises. 2. Premises Leased AS IS. District hereby acknowledges and agrees that, as more fully provided in the Agreement, for the purposes of this Lease(a)District has had an adequate opportunity to inspect, evaluate, investigate and test the Premises including, without limitation, the physical, economic and legal condition thereof; and (b)POST has disclaimed the making of any representations or warranties regarding the Premises other than those expressly set forth herein. Consequently, District specifically acknowledges and agrees that District hereby leases and accepts the Premises in their existing"AS-IS" condition. 3. Lease Term. 3.1 Initial Lease Term. District shall have and hold the Premises for a term commencing on the Effective Date and ending on the earlier of(A)the conveyance of fee title to the Premises to District by POST; or(B) five (5)years from the Effective Date (the"Lease Page 1 Lease and Management Agreement Term"). As used herein, the term"Effective Date" shall be the date this Lease is executed by both POST and District. 3.2 Renewal/Extension of Lease Term. District may, at least 60 days prior to the expiration date of the Lease Term, give POST written notice of its desire to renew this Lease. In that event, District and POST agree to meet and negotiate in good faith in an effort to reach mutual agreement upon the terms and conditions of such a lease renewal, including rent and the extended lease term. 3.3 Reconveyyance to District. The parties acknowledge that, during the Lease Term, it is POST's intention to solicit and receive grants, gifts and other contributions so as to enable to POST to reconvey fee title to the Premises to District for use and operation as an open space preserve in perpetuity, upon such terms and conditions as are acceptable to POST. Accordingly, the Lease Term, or any renewal or extension thereof, shall terminate upon such reconveyance. 4. Rent. District promises to pay rent("Rent")to POST, at the address of POST set forth in Section 15.5 below(or such other address as POST may designate to District in writing from time to time), in an amount equal to One Dollar($1.00)per month. POST and District agree that this amount is reasonable in view of District's performance of its covenants and agreements contained herein and in the Agreement (including, without limitation, those regarding indemnification, maintenance, operation and insurance of the Premises) and the payment and performance by District of its obligations under the Agreement. 5. POST's Representations, Warranties and Covenants: POST covenants, represents and warrants as follows: 5.1 Organization. POST is duly organized and validly existing under the laws of the State of California. 5.2 Requisite Action. All requisite corporate action has been taken by POST in connection with POST's execution of this Lease, and has been taken or will be taken in connection with the agreements, instruments or other documents to be executed by POST pursuant to this Lease and the consummation of the transactions contemplated hereby and thereby. 5.3 Title. To POST's knowledge, POST owns fee simple title to the Premises. POST has not executed any contract to sell the Premises or any part thereof or granting an option to purchase the Premises or any part thereof or granting a right of first refusal with respect to the Premises or any part thereof. 6. Insurance; Indemnity;Notification. 6.1 District shall maintain and keep in force a policy of general commercial liability insurance with a carrier licensed to do business in California and reasonably acceptable to POST, insuring against claims for personal injury, death or property damage occurring in, on, or about the Premises to afford protection to the limit of not less than Two Million Dollars ($2,000,000) aggregate limit with respect to bodily injury or death and to property damage. All such policies Page 2 Lease and Management Agreement of insurance shall name POST as an additional insured. In the event District were to become self-insured during the term of this Lease, District may satisfy this subsection by providing self- insurance through a government self-insurance pool which shall provide the same limits of coverage. 6.2 Indemnification. District agrees to indemnify, defend, and save POST harmless from any liability, loss, cost, expense or claim of any nature resulting from any damage to person or property arising out of the negligent or intentional acts or omissions of the District in the exercise of any of its rights or obligations pursuant to this Lease. 6.3 Notification. POST and District agree to notify each other in writing within ten (10) days after POST or District, as the case may be, receives any written complaint or claim with respect to this Lease or the Premises. The delivery of written notification shall include a copy of all pleadings if a complaint is filed, or of all correspondence and exhibits if a claim is not filed. 7. Legal Responsibility and Indemnification. During the life of this Lease, District shall have full legal responsibility for management, control and operation of the Premises and the condition thereof and for all activities conducted thereon, and in this respect, except as otherwise set forth herein, District shall hold POST harmless from and defend POST against any and all claim or liability for injury or damage to any persons or property whatsoever occurring during the life of this Lease in, on, or about the Premises arising out of any condition of the Premises or of any act, neglect, fault or omission by the District with respect to District responsibilities as set out in this Lease. POST likewise agrees to indemnify, defend and hold harmless District and its agents, officers, officials, and employees against any and all claims or liability for injury or damage to persons or property arising out of or resulting from the negligent acts or fault of POST, or its agents, employees, officers, or servants, in connection with the Premises. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. 8. Real Property Taxes and Assessments. POST hereby promises to pay, prior to delinquency, all Impositions. For the purpose of this Lease, "Impositions" means all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, if any, lawfully imposed by any governmental authority or entity(other than District),that may be levied, assessed, charged or imposed or may be or become a lien or charge upon the Premises or any part thereof, or upon the Rent, or upon the income of POST. Impositions also include, but are not limited to, the payment of installments on any bonds or periodic charges imposed or required by any governmental authority or entity(other than District). 9. Use and Management of the Premises. 9.1 Use. During the term of this Lease and any extension thereof, District agrees to use the Premises for the purpose of open space preservation and to use the Premises as part of the ecological, recreational and scenic resources of the mid-peninsula area, and for any other related legal use that is consistent with the purposes for which District was formed. Without limiting the generality of the foregoing, District shall specifically have the right to maintain all existing trails Page 3 Lease and Management Agreement and improvements incidental thereto on the Premises for any purpose consistent with the purposes set forth in Article 3 of Chapter 3 of Division 5 of the California Public Resources Code. Notwithstanding anything herein to the contrary, District shall not,without POST's prior written consent(which consent may be granted or withheld in POST's discretion), make or permit to be made any physical alterations or changes to the Premises other than as may be reasonably necessary for the purpose of preventing unauthorized access to the Premises or to comply with the terms of this Lease. The premises shall be used and managed in accordance with the Preliminary Use and Management Plan for the Premises adopted by the District on March 10, 1999. 9.2 Mana e, ment. District shall be responsible for management of the entire Premises for that period of time from the date of execution of this Lease until District or another public agency acquires fee title ownership of the Premises from POST. District may install gates, appropriate signing, and fencing as necessary in the sole opinion of District and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Premises. 9.3 Patrol. District will patrol and manage the Premises in a manner consistent with adjacent District holdings to ensure that the Premises is kept in a safe and sanitary condition and that deleterious or incompatible uses of the Premises are prohibited. Should any trespass or other unauthorized use or activities occur upon the Premises, District may exercise its authority to correct these matters including, where necessary, enforcing District regulations and ordinances on the Premises. The Premises shall be deemed to be property under the control of District for purposes of Public Resource Code Section 5558 and shall be deemed to be "District Lands" as defined in the District Ordinance No. 93-1. 9.4 Compliance with Laws. District shall comply with any and all federal, state, and local laws, statues, codes, ordinances, regulations, rules, orders, permits, licenses, approvals and requirements applicable to the use and occupancy of the Premises by District and District shall not commit and shall not knowingly permit others to commit waste upon the Premises. 9.5 Surrender of Premises. Except as otherwise provided in this Lease, and subject to acts of God, upon the expiration or earlier termination of the Lease Term, to the maximum extent the same is reasonably within the control of District, District shall surrender the Premises in substantially the same condition as it was in upon the Effective Date, except for any changes to such condition made or caused to be made by POST or any of POST's agents, lenders, contractors, engineers, consultants, employees, subcontractors, licensees, invitees and representatives. 9.6 Maintenance and Utilities. During the Lease Term, District shall not use the Premises for any purpose whatsoever except as expressly provided in this Lease. District shall be solely responsible for the cost of providing any utilities or other services necessary for District's use and occupancy of the Premises and District shall promptly pay and/or discharge any liens that may be recorded against the Premises or District's leasehold interest therein resulting from any work performed or materials ordered by or on behalf of District. During the Lease Term, District shall maintain and repair the Premises in such manner as reasonably Page 4 Lease and Management Agreement necessary to preserve its existing character; provided, however, that District shall not be obligated to make any material capital improvements to the Premises. 9.7 Removal of Improvements Damage to Premises. Except as POST may otherwise agree or direct in writing, in POST's sole discretion, upon expiration or termination of this Lease, District shall remove from the Premises any improvements made or installed by or on behalf of District. District further acknowledges and agrees that this Lease shall continue in full force and effect notwithstanding any damage, destruction or casualty to the Premises or any portion thereof, and District expressly waives any right to terminate this Lease as a result of such damage, destruction or casualty(including, without limitation, any rights granted under Section 1932, subdivision 2, and Section 1933 of the California Civil Code). 10. Assignment and Sublettinst. District may not assign or sublease this Lease to any other party without the prior written consent of POST, which consent shall not be unreasonably withheld or delayed with respect to an assignment to a party that expressly assumes in writing all of District's obligations and liabilities hereunder; provided, however, that under no circumstances will POST withhold its consent to an assignment to another governmental entity or to a non-profit organization whose principal purpose is environmental conservation and/or habitat preservation so long as such entity or organization expressly assumes in writing all of District's obligations and liabilities. In the event of an assignment or subletting, District shall remain liable for the payment of all Rent and the performance of all of District's obligations under this Lease, except if and to the extent such obligations are released in writing by POST. 11. Mortgaging of Leasehold Estate. During the Lease Term, District may not encumber its leasehold estate without the prior consent of POST, which consent shall not be unreasonably withheld or delayed. 12. Mortgagin of Fee. During the Lease Term POST may not encumber its fee estate in the Premises without the prior consent of District, which consent shall not be unreasonably withheld or delayed. 13. Remedies Upon Default. 13.1 POST Remedies. POST shall have the right to terminate this Lease only on condition that(a)District has failed or refused to perform any of the material covenants or conditions of this Lease on District's part to be kept and performed; (b)POST has provided written notice to District of such material default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease POST believes in default; and (c)within thirty(30) days of its receipt of such written notice, District has failed to commence a cure or, if said default is of such nature that the same cannot be rectified or cured within said thirty(30) day period, and District has failed to commence the rectification or curing thereof within said thirty(30) day period and/or District fails thereafter diligently to cause such rectification or curing to proceed to completion. POST shall have the right to terminate this Lease in the event District defaults under any of the terms or conditions of this Lease and such default remains uncured for a period of thirty (30) days following written notice to District of the nature of such default. Notwithstanding the Page 5 Lease and Management Agreement foregoing, however, if the nature of such default is such that it cannot be cured within thirty(30) days, District shall not be considered in default of this lease so long as District commences the cure of such default within thirty(30) days and thereafter diligently attempts to complete such cure as soon as reasonably practical. 13.2 District Remedies. If POST fails or refuses to perform any of the provisions, covenants or conditions of this Lease on POST's part to be kept or performed, District shall have the right to take any action permitted at law or in equity to enforce the provisions, covenants and conditions of this Lease. However, prior to exercising such right or remedy under this Lease that District may have against POST on account of any such default, District shall provide thirty(30) days' written notice to POST of such default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease District believes to be in default. Notwithstanding any other provision hereof, District agrees that if said default is of such a nature that the same cannot be rectified or cured within said thirty(30) day period, then such default shall be deemed to be rectified or cured if POST within said thirty(30) day period shall have diligently commenced the rectification or curing thereof and shall diligently continue thereafter to cause such rectification or curing to proceed to completion. 14. Condemnation. 14.1 Condemnation Award. If the whole or any part of the Premises is taken or condemned by any authority(other than District) for any public use or purpose during the Lease Term or any extension thereof, any remaining proceeds shall be paid to and retained by POST. 14.2 District Rights. Notwithstanding the foregoing, District hereby reserves the right to bring any and all separate claims as may permitted by law to compensate District for any and all claims it may have for the taking of any of District's property in connection with such condemnation or other taking, as well as to assert any legal rights or challenges to the authority of the condemning agency to institute such condemnation proceedings. 14.3 Condemnation of Less Than Entire Premises. If less than the entire Premises shall be taken pursuant to such condemnation action, then this Lease shall continue in effect with respect to the portion of the Premises not so taken, except that the Rent payable shall be reduced by a fraction, the numerator of which shall be the number of acres taken or condemned, and the denominator of which shall be the acreage of the Premises prior to such condemnation. 15. Miscellaneous Provisions. 15.1 Invaliditv. If any term or provision of this Lease or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, shall not be affected. 15.2 Successors and Assigns. Subject to the limitations set forth above, the terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the Parties, their heirs, personal representatives, successors or assigns, and shall run with the land; and where more than one party shall be lessors or lessees under this Lease, the words Page 6 Lease and Management Agreement "POST" and "District"whenever used in this Lease shall be deemed to include all lessors or all lessees, as the case may be,jointly and severally. 15.3 Writin¢. No waivers, alterations or modifications of this Lease or any agreements in connection with this Lease shall be valid unless in writing duly executed by both POST and District. 15.4 Construction. The captions appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this Lease or in any way affect this Lease. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 15.5 Notices. Any notice, demand or request required hereunder shall be given in writing at the addresses set forth below by any of the following means: (a)personal service; (b)telephonic facsimile transmission; (c) nationally recognized overnight commercial mail service; or(d) registered or certified, first class U.S. mail, return receipt requested. If intended for District, shall be addressed as follows: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If intended for POST, shall be addressed to: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 Such addresses may be changed by notice to the other Party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause(a) or (b), above, shall be deemed received upon such personal service or upon dispatch by electronic means(provided, however, that a dispatch by facsimile transmission that occurs on any day other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause Page 7 Lease and Management Agreement (c), above, shall be deemed received on the business day immediately following deposit with the commercial mail service and, if sent pursuant to clause(d), above, shall be deemed received forty-eight (48)hours following deposit in the U.S. mail. 16. Authority to Sign. The parties executing this Lease on behalf of POST and District represent that they have authority and power to sign this Lease on behalf of POST and District, respectively. 17. Indemnification. District and POST each agree to indemnify and hold harmless the other against and from any and all causes, claims, actions or proceedings arising from any breach or default in the performance of any obligation on the other's part to be performed pursuant to the terms of this Lease, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereon. If any action or proceeding is brought against POST or District by reason of any such claim, District or POST, upon notice to the other, shall defend the same at their expense by counsel reasonably satisfactory to the defended entity. 18. Broker. POST and District represent to each other that it has had no dealings with any real estate broker or agent or finder in connection with this Lease and each shall indemnify and defend the other from and against any and all claims for commissions or finder's fees that may be claimed as a result of the action of either party. 19. Entry by POST. POST reserves and shall at any and all times have the right to enter the Premises at reasonable business times upon giving at least forty-eight(48)hours' prior written or oral notice to District, to inspect the same for compliance with this Lease or to post notices of nonresponsibility, except in the event of an emergency for which notice will not be required, all without being deemed guilty of an eviction of District and without abatement of Rent, provided that the use of the Premises by District and its employees, licensees and invitees shall be interfered with as little as is reasonably practicable. 20. Quiet Enjoyment. So long as District shall perform the terms to be performed by District hereunder, District shall have the absolute peaceful, quiet use and possession of the Premises without interference or hindrance on the part of POST until the termination of this Lease and the end of the Lease Term, and POST shall warranty and defend District in such peaceful and quiet use and possession under POST. 21. Estoppel Certificate. POST and District shall, at any time and from time to time upon not less than twenty(20) days' prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing(a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect) and the dates to which the Rent and other charges are paid in advance, if any, and (b) acknowledge that there is not, to such party's knowledge, any uncured defaults on the part of the other party, or specifying such defaults, if any, that are claimed, and (c) certifying such other items as any party may reasonably request. The failure of either party to deliver such statement within such time shall be conclusive upon the other party (a)that this Lease is in full force and effect,without modification except as may be represented Page 8 Lease and Management Agreement by POST, (b)that there are no uncured defaults in the other party's performance, and (c) that not more than one month's Rent has been paid in advance. 22. Conflict of Laws. This Lease shall be governed by and construed pursuant to the laws of the State of California. 23. Attorneys' Fees. If either party should bring suit or seek arbitration under this Lease, or because of the breach of any provision of this Lease, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing parry therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action or arbitration and shall be enforceable whether or not the action is prosecuted to judgment. 24. Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of POST or District to insist upon the performance by District or POST in accordance with said terms. 25. Time. Time is of the essence with respect to the performance of every provision of this Lease in which time or performance is a factor. 26. Prior Agreements. This Lease contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 27. Amendments. No provision of this Lease may be amended or added to except by an agreement in writing signed by the Parties or their respective successors-in-interest. 28. Applicable Law; Severability. As used herein the term"all Applicable Laws" shall mean and refer to all state, federal and local ordinances, statutes and laws including but not limited to all such statutes, laws and ordinances referred to in Section 30.2 below. Any provision of this Lease that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and such other provisions shall remain in full force and effect. 29. SiM. With POST's prior consent(which consent shall not be unreasonably withheld or delayed), District shall have the right to place signs on or about the Premises so long as such signs comply with all Applicable Laws, including applicable zoning laws. 30. Hazardous Substances. 30.1 Use. District shall not store, use, generate,transport, introduce, or dispose of any Hazardous Substances in or on the Premises, or knowingly allow or permit any other person or entity to do so, except in compliance with all Applicable Laws, including any obligation to notify POST of same, except that District may store,use, generate,transport, introduce, or dispose of such quantities of Hazardous Substances normally used for the purpose of District's routine and Page 9 Lease and Management Agreement customary janitorial, pest control, and vegetation management and control operations. District shall submit to POST copies of all permits, reports, or other documentation pertaining to Hazardous Substances, if any, submitted by District to any governmental agency at the same time such documents are submitted to the governmental agency. 30.2 Definition. "Hazardous Substances" means any hazardous substance, pollutant, or contaminant as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended and reauthorized, hydrocarbon and petroleum products and byproducts; pesticides regulated under the Federal Insecticide,Fungicide and Rodenticide Act, as amended; asbestos, polychlorinated biphenyl and other substances regulated under the Toxic Substances Control Act, as amended; chemicals and compounds subject to the Occupational Safety and Health Standards, Hazard Communication, as amended; radioactive materials or radioactive wastes; toxic wastes under the Resource Conservation and Recovery Act, as amended; hazardous substances as defined in Chapter 6.5,Division 20 of the California Health and Safety Code, and any other hazardous substance, pollutant or contaminant defined in regulations promulgated pursuant to statutes described above. Hazardous Substances shall not include any substance that occurs naturally in the soil or the Premises or in the groundwater thereunder. 30.3 District's Obligations. District shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances to the extent required by all Applicable Laws with respect to Hazardous Substances. 30.4 District's Indemnity. District shall indemnify, defend, and hold POST harmless from any expenses, fees, claims, liabilities or costs arising from, and shall perform(or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to any Hazardous Substances, to the extent required by any Applicable Laws with respect to Hazardous Substances. 30.5 POST's Obligations. POST shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances introduced or permitted to be introduced in, on, or under the Premises by POST or any of its employees, agents, contractors, invitees, or licensees("POST Hazardous Substances")to the extent required by any Applicable Laws with respect to Hazardous Substances. 30.6 POST's Indemnity. POST shall indemnify, defend, and hold District harmless from any expenses, fees, claims, liabilities or costs, and shall perform(or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to Hazardous Substances arising from any POST Hazardous Substances. 30.7 Survival. POST's and District's obligations under this Article 30 shall survive the expiration or earlier termination of this Lease, including, without limitation, any termination resulting from any default by POST or District under the Lease. 31. Arbitration of Dishes. If a dispute arises out of or relates to this Lease 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 Page 10 Lease and Management Agreement 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 Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR LEASE TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. POST INITIAL DISTRICT INITIAL 111 Page l l Lease and Management Agreement POST AND DISTRICT, by their execution below, indicate their consent to the terms of this Lease. DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code By: Jed Cyr Its: President, Board of Directors Date: POST: PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation By: Audrey Rust Its: President Date: ATTEST: By: Peggy Coats,District Clerk Date: Page 12 Policy No. FTC 644245 Page 1 of Schedule C SCHEDULE C The land referred to in this policy is situated in the County of Santa Clara , in the unincorporated State of California, and is described as follows: area, PARCEL ONE: (474371) ALL OF LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT", WHICH MAP WAS FILED FOR RECORD ON JANUARY 20, 1888 IN BOOK C OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS. ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) AND 544-30-002 (PORTION) PARCEL TWO: (474371) BEING ALL OF THE PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MAY 7, 1985 IN BOOK J339 PAGE 607 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: ALL OF LOT 10 OF THE RENOWDEN TRACT, AS LAID DOWN AND DELINEATED UPON A MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JANUARY 20, 1888 AND RECORDED IN VOLUME "C" OF MAPS, AT PAGE 51. EXCEPTING THEREFROM THAT PARCEL OF LAND CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2325-24-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO. 8396378 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM SO MUCH OF SAID LOT NO. 10 THAT LIES WITHIN THE PARCEL OF LAND AS CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2324-25-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO 8373075 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM ALL OF LOT 10 THAT LIES WITHIN THE PARCEL OF LAND CONVEYED BY CHAS. MCKIERMAN, ET AL, TO HERMAN PETERSON, BY DEED RECORDED IN VOLUME 95 AT PAGE 236, SANTA CLARA COUNTY OFFICIAL RECORDS, ON AUGUST 27, 1887. ASSESSOR'S PARCEL NO. 544-30-002 (PORTION) PARCEL THREE: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302 PAGE 1164 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT A STAKE STANDING IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID STAKE BEING 200 FEET EAST FROM EXHIBIT &.— Page 8 of 2 6 Pages Pays ��.. FrGS 1401C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 2 of Schedule C SCHEDULE C (Continued) THE SOUTHWEST CORNER OF SAID QUARTER SECTION; AND RUNNING THENCE WEST ALONG SAID SOUTH LINE OF SAID QUARTER SECTION 200 FEET TO THE SAID SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH AND ALONG THE WEST LINE OF SAID NORTHEAST 1/4 SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, 210 FEET TO A STAKE; THENCE IN A STRAIGHT LINE SOUTHEAST TO THE PLACE OF BEGINNING. ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) PARCEL FOUR: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302 PAGE 1160 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE NORTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-50-001 PARCEL FOUR A: (474371) A RIGHT OF WAY APPURTENANT TO PARCEL NO. FOUR ABOVE DESCRIBED, FOR THE PURPOSES OF ORDINARY TRAVEL, AS GRANTED BY STANDARD OIL COMPANY, A CORPORATION TO EDWARD W. GORDON, BY INSTRUMENT DATED JUNE 9, 1909 AND RECORDED JUNE 16, 1909 IN BOOK 345 OF DEEDS, AT PAGE 205, WHICH RIGHT OF WAY IS 15 FEET WIDE, THE CENTERLINE OF WHEREOF IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS EIGHT AND SIXTY-TWO HUNDREDTHS (8.62) CHAINS NORTH OF THE CENTER OF SAID SOUTHEAST QUARTER (S.E. 1/4) ; RUNNING THENCE SOUTH 660 WEST ONE AND FORTY-FIVE HUNDREDTHS (1.45) CHAINS; THENCE SOUTH 74' WEST ONE AND EIGHTY-FIVE HUNDREDTHS (1.85) CHAINS; THENCE SOUTH 68' 15' WEST TWO AND FIVE HUNDREDTHS (2 .05) CHAINS; THENCE SOUTH 860 15 ' WEST ONE AND SIXTY HUNDREDTHS (1.60) CHAINS SOUTH 680 30 ' WEST TWO AND EIGHT HUNDREDTHS (2.08) CHAINS; THENCE TWO AND SEVENTY-FOUR HUNDREDTHS (2.74) CHAINS; THENCE NORTH 59° WEST ONE AND SIXTY HUNDREDTHS (1.60) CHAINS; THENCE NORTH 310 50 ' WEST FOUR AND THIRTY-SEVEN HUNDREDTHS (4.37) CHAINS; THENCE NORTH 5° WEST ONE AND FIFTEEN HUNDREDTHS (1.15) CHAINS. PARCEL FIVE: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302, PAGE 1166 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A 3" X 4" POST AND IRON PIPE STANDING AT THE COMMON CORNER OF SECTIONS 5, 6, 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, AT THE NORTHWESTERLY CORNER OF THAT CERTAIN 80 ACRE TRACT IN SAID SECTION 8 CONVEYED BY D.E. WISEMAN, ET UX, TO JESSIE ROBERTSON BY DEED DATED SEPTEMBER 13, 1913 AND RECORDED IN VOLUME 408 OF DEEDS, AT PAGE 104, ET SEQ. IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA AND RUNNING THENCE SOUTHERLY AND ALONG THE LINE BETWEEN SECTIONS 7 AND 8 WHICH HERE FORMS EXHIBIT---P Page 9 of 2 6 Pages Page_!-Of FrGIS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 3 of Schedule C SCHEDULE C (Continued) THE WESTERLY LINE OF SAID 80 ACRE TRACT, SOUTH 00 11' EAST 18 .90 CHAINS, TO A 6" X 6" POST AND IRON PIPE STANDING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE TRACT, AND FORM WHICH A REDWOOD 20" IN DIAMETER BEARS SOUTH 38-3/40 WEST 0.55 CHAINS, AND A REDWOOD 12" IN DIAMETER BEARS NORTH 57-3/40 WEST, 0 .55 CHAINS, BOTH TREES MARKED 11B.T. .1/8S THENCE EASTERLY AND ALONG THE SOUTHERLY LINE OF SAID 80 ACRE TRACT, SOUTH 890 56' EAST 15.18 CHAINS TO A 2" X 3" STAKE MARKED 11T.R.2" FROM WHICH A FORKED MADRONE 14" IN DIAMETER BEARS SOUTH 82-1/20 EAST, 0.027 CHAINS AND A REDWOOD 22" IN DIAMETER BEARS NORTH 44° WEST 1.273 CHAINS, BOTH TREES MARKED 11B.T.T.R.211; THENCE NORTHERLY AND ALONG THE LINE PARALLEL TO SAID LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 00 11' WEST 19.15 CHAINS TO A 2" X 3" STAKE MARKED T.R. 1 STANDING IN THE LINE BETWEEN SAID SECTIONS 5 AND 8, AND FROM WHICH A MADRONE 10" IN DIAMETER BEARS NORTH 56 3/40 WEST 0 .087 CHAINS, AND A FORKED TAN OAK 16" IN DIAMETER BEARS NORTH 64-3/40 EAST 0 .39 CHAINS, BOTH TREES BEING MARKED 11B.T.T.R.1"; AND THENCE WESTERLY AND ALONG SAID LINE BETWEEN SAID SECTIONS 5 AND 8, WHICH HERE FORMS THE NORTHERLY BOUNDARY OF SAID 80 ACRE TRACT, SOUTH 890 08' WEST 15 .18 CHAINS TO THE POINT OF BEGINNING; BEING A PART OF THE ABOVE MENTIONED 80 ACRE TRACT IN SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-33-014 PARCEL SIX: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK J303 PAGE 921 OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT THE OFFICIAL QUARTER SECTION CORNER IN THE LINE DIVIDING SECTIONS 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN; AND RUNNING THENCE ALONG THE SECTION LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 00 11' WEST 18.90 CHAINS TO A 6" X 6" POST MARKED 1/8 S. AND 2" PIPE STANDING AT THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED BY JESSIE ROBERTSON AND W.J. ROBERTSON TO HARRY L. TEVIS, BY DEED DATED JANUARY 15, 1916 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY IN VOLUME 438 OF DEEDS, AT PAGE 332; RUNNING THENCE ALONG THE SOUTH LINE OF SAID 28.88 ACRE TRACT AND THE PROLONGATION THEREOF, EASTERLY SOUTH 89° 56 ' EAST, 15.765 CHAINS TO A POINT FROM WHICH THE SOUTHEAST CORNER OF THE ABOVE MENTIONED 28.88 ACRE TRACT BEARS NORTH 890 56' WEST 0.585 CHAINS; RUNNING THENCE PARALLEL TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID 28.88 ACRE TRACT, SOUTH 00 11' EAST 19.15 CHAINS TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF THE LAND OF E.W. BIDDLE AND IN THE QUARTER SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 8; RUNNING THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LAND OF BIDDLE AND ALONG SAID QUARTER SECTION LINE NORTH 890 5' WEST, 15.765 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-56-004 PARCEL SEVEN: (474371) EXHIBIT Page 10 of 26 Pages PagO 3_V�� FTGis 14oic2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 4 of Schedule C SCHEDULE C (Continued) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 6, 1985 IN BOOK J420 PAGE 731 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M. ; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50 CHAINS, MORE OR LESS, .TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/20 EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/20 WEST 5.92 CHAINS, SOUTH 80 30 ' EAST 0.61 CHAINS, SOUTH 10 WEST 0 .83 CHAINS, SOUTH 18° 40 ' WEST 1.08 CHAINS, SOUTH 40 45 ' WEST 1.06 CHAINS, SOUTH 35° 30 ' WEST 1.65 CHAINS, SOUTH 720 30 ' WEST 1.55 CHAINS, SOUTH 890 30 ' WEST 1.15 CHAINS, SOUTH 70° 15' WEST 1.48 CHAINS, SOUTH 810 20' WEST 1.03 CHAINS, NORTH 89° 52 ' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE SOUTH 00 12 ' WEST 20 .45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0° 12 ' WEST 3 .18 CHAINS; THENCE SOUTH 430 40 ' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE IN A GENERALLY NORTHERLY DIRECTION ALONG THE CENTER OF DOUGHERTY ROAD TO THE THIRD POINT OF INTERSECTION OF THE SECTION LINE BETWEEN SECTIONS 5 AND 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID POINT BEING APPROXIMATELY 220 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 6; THENCE NORTH ALONG SAID SECTION LINE TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. 544-31-003 PARCEL EIGHT: (474371) BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 3, 1985 IN BOOK J310, PAGE 662 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THAT PORTION OF THE TRACT OF LAND FORMERLY BELONGING TO GEO. H. BASSETT AND WIFE, LOCATED IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. , ACQUIRED BY DEED DATED JUNE 18, 1902, MADE BY WM. B. RANKIN, ET AL TO GEO H. BASSETT, ET AL, WHICH DEED IS RECORDED IN VOL. 252 OF DEEDS, PAGE 490, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA WHICH PORTION OF SAID LANDS WHEREIN CONVEYED IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO WIT: EXHIBIT page 11 of 2 6 Pages Pane_ij_off FrGiS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY i7 Policy No. FTC 644245 Page 5 of Schedule C SCHEDULE C (Continued) BEGINNING AT A POINT IN THE CENTER LINE OF DOUGHERTY ROAD WHERE THE SAME IS INTERSECTED BY THE PROLONGATION EASTERLY OF THE SOUTHERLY LINE OF LOT 6, AS THE SAME IS DESIGNATED AND DELINEATED ON THE MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT, WHICH MAP IS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK "C" OF MAPS, PAGE 51, SAID PORTION OF COMMENCEMENT BEING DESIGNATED AS ENGINEER'S STATION K.R.3 AS SET BY A.T. HERRMANN OF HERRMANN BROS. , SURVEYORS AND C.E. 'S, SAN JOSE, CALIFORNIA AND SHOWN ON A MAP OF SURVEY OF THE PROPERTY OF SAID DR. GEO H. BASSETT AND WIFE, IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. , SURVEYED BY SAID A.T. HERRMANN ON AUGUST 4, 5 AND 6, 1903, FROM WHICH STATION K.R.3. A MADRONE TREE 10" IN DIAMETER BEARS S. 870 30 ' W. 47 LINKS AND A TAN OAK TREE 8" IN DIAMETER BEARS N. 530 35' W. 0.667 CHAINS; THENCE ALONG THE SAID DOUGHERTY ROAD FROM STATION K.R.3 . THE FOLLOWING COURSES AND DISTANCES, AS SO SURVEYED BY SAID A.T. HERRMANN AND DESCRIBED ON SAID MAP OF SUCH SURVEY, NAMELY: DOUGHERTY ROAD FROM K.R.3 NORTHWARD. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 30-1/20 W. 1.00 1 N. 90 W. 1.50 2 N. 16-1/20 E. 1.00 3 N. 44-1/20 E. 0.75 4 N. 860 45' E. 1.30 5 N. 390 E. 2.36 6 N. 400 W. 2.50 7 N. 00 45' W. 1.50 8 N. 140 15' E. 3.25 9 N. 660 15' E. 1.50 10 N. 880 45' E. 2.22 11 N. 790 45' E. 2.17 12 S. 610 0 ' E. 2 .45 13 S. 75-1/40 E. 0.62 14 N. 420 15 ' E. 5.90 15 N. 580 45' E. 1.30 16 S. 890 16 ' E. 1.70 17 N. 370 30 ' E. 2 .40 18 N. 560 E. 2.68 19 N. 760 30' E. 1.75 20 S. 720 15 ' E. 1.25 21 S. 450 45 ' E. 2.20 22 S. 320 30 ' E. 2.80 23 S. 410 45 ' E. 1.45 24 S. 630 15' E. 1.65 25 N. 650 45' E. 0.355 26 WHERE A 1-1/4" IRON PIPE IS SET, FROM WHICH PIPE A VAL. OAK TREE 25" IN DIAMETER MARKED B, BEARS S. 70-3/40 E. 1.12 CHS. AND A LIVE OAK TREE 6" IN EXHIBIT fi- -- Page 12 of 26 Pages Page OLZ2. MIS 1401C2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ?olicy No. FTC 644245 Page 6 of Schedule C SCHEDULE C (Continued) DIAMETER BEARS N. 83-1/40 W. 0.45 CHS; THENCE SOUTH 0° 23 ' E. 14 .13 CHS. TO A STATION NUMBER 1/4S WHERE A 4" X 4" STAKE AND IRON PIPE IS SET, AND FORM WHICH A BLACK OAK 24 INCHES IN DIAMETER BEARS S. 120 E. 0.54 CHS. AND A MADRONE TREE 10" IN DIAMETER BEARS S. 67-1/20 E. 0.29 CHS. ; THENCE SOUTH 0° 06' E. 14.64 CHS. TO A POINT IN THE CENTER LINE OF COLLINS CREEK DESIGNATED ENGINEER'S STATION F.R. ; FROM WHICH POINT A REDWOOD TREE 5" IN DIAMETER BEARS S. 130 40 ' E. 0.25 CHS. AND A MAPLE TREE 9" IN DIAMETER IN A BUNCH OF 6 LARGE AND 12 SMALL MAPLE TREES BEARS N. 150 05' E. 0.79 CHS. AND A FALLS IN THE CREEK ON A LEDGE RUNNING NORTH AND SOUTH AND TWO TO THREE FEET HIGH, 10 LINKS N.E. OF SAID POINT; RUNNING THENCE ALONG SAID CENTER LINE OF COLLINS CREEK, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: COLLINS CREEK FROM F.R. TO M.B. : COURSE DISTANCE IN CHAINS TO STATION NUMBERED S. 50-1/20 W. 1.20 1 S. 37-1/2° W. 1.04 2 S. 450 W. 0.90 3 S. 29-3/40 E. 0.66 4 S. 68-3/40 W. 1.10 5 S. 70-1/40 W. 1.42 6 S. 51-1/20 W. 0.78 7 S. 610 W. 0 .90 8 & ME WHICH ENGINEER'S STATION M.B. BEARS N. 740 W. 0.20 CHS. FROM A REDWOOD TREE 10" IN DIAMETER MARKED B.T.M.B. ; THENCE LEAVING SAID COLLINS CREEK AND RUNNING ALONG A BOUNDARY CANYON FROM SAID STATION M.B. TO STATION BB, WITH THE FOLLOWING COURSES AND DISTANCES NAMELY: BOUNDARY CANYON FROM M.B. TO B.B. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 28-1/20 W. 1.33 A N. 40-1/20 W. 2.40 B N. 540 W. 2.00 C N. 58-3/40 W. 1.46 D N. 490 W. 1.67 E N. 66-1/40 W. 1.25 F N. 56-3/40 W. 1.66 G N. 50-1/40 W. 1.55 H N. 700 W. 1.81 BE WHICH SAID STATION BE IS MARKED BY A 3" X 3" PICKET IN THE CENTER OF A GULCH AND MAPLE TREE 10 INCHES IN DIAMETER IN A BUNCH OF 3 MAPLE TREES BEARS S. 4-1/20 W. 0.36 CHS. AND A BUCKEYE TREE 8 INCHES IN DIAMETER IN A BUNCH OF 6 BUCKEYE TREES BEARS S. 82-1/20 W. 0.25 CHS. BOTH OF WHICH TREES ARE MARKED B.T.B.B. ; THENCE S. 540 W. 9 CHS. TO A POINT IN BISSELL LANE AND A PIPE MARKED B.B. FROM WHICH A 4" X 4" WITNESS POST MARKED B.T.B.B. BEARS N. 540 50 ' E. 0.27 CHS. AND A MADRONE TREE SIMILARLY MARKED 45 INCHES IN DIAMETER BEARS S. EXHIBIT Page 13 of 2 6 Pages Page Lof-L-1 FrGIS,401cz OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 7 of Schedule C SCHEDULE C (Continued) 80 W. 2 .015 CHS. AND A POPLAR TREE 16 INCHES IN DIAMETER SIMILARLY MARKED BEARS N. 25-1/20 W. 0.623 CHS. ; THENCE ALONG THE CENTER LINE OF SAID BISSELL LANE, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: BISSELL LANE, CENTER LINE FROM B.B. TO L.D. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 9-1/20 W. 0.61 I N. 23-3/40 W. 0.62 K N. 38-1/20 W. 1.00 L N. 42-1/20 W. 2.90 M N. 54-1/20 W. 0.72 N N. 67-1/20 W. 0.65 0 N. 84-3/40 W. 1.34 PIPE LD WHICH PIPE MARKED L.D. BEARS S. 67-1/40 E. 0.63 CHS. FROM A POPLAR TREE 11" IN DIAMETER AND A REDWOOD TREE 6" IN DIAMETER OUT OF A STUMP 6 FEET IN DIAMETER AND 10 FEET HIGH, BEARS S. 850 5' W. 0 .77 CHS. ; THENCE LEAVING SAID BISSELL LANE AND RUNNING ALONG THE ROAD, THE FOLLOWING COURSES AND DISTANCES, NAMELY: FROM "LD" . COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 50 W. 1.75 1 N. 240 E. 1.60 2 N. 50 E. 1.95 3 N. 380 30' E. 3 .50 4 N. 100 W. 2.80 5 N. 370 30 ' W. 0.75 6 & KR3 TO THE PLACE OF BEGINNING. ASSESSOR'S PARCEL NO. 544-31-002 PARCEL NINE: (474371) BEING PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 31, 1985 IN BOOK J415 PAGE 576 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M. ; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50 CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE EXHIBIT Page 14 0{ 2 6 Pages page.2_of� MIS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 8 of Schedule C SCHEDULE C (Continued) ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/20 EAST 7 .39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-120 WEST 5.92 CHAINS, SOUTH 80 30' EAST 0.61 CHAINS, SOUTH 10 WEST 0 .83 CHAINS, SOUTH 18° 40 ' WEST 1.08 CHAINS, SOUTH 40 45' WEST 1.06 CHAINS, SOUTH 350 30' WEST 1.65 CHAINS, SOUTH 720 30' WEST 1.55 CHAINS, SOUTH 890 30 ' WEST 1.15 CHAINS, SOUTH 700 15' WEST 1.48 CHAINS, SOUTH 810 20 ' WEST 1.03 CHAINS, NORTH 890 52 ' WEST 7 .35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE SOUTH 0° 12 ' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 00 12 ' WEST 3 .18 CHAINS; THENCE SOUTH 430 40 ' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE NORTHEASTERLY ALONG THE CENTER OF SAID DOUGHERTY ROAD TO A STAKE OPPOSITE THE GATE IN LANE LEADING TO THE RESIDENCE FORMERLY OWNED BY G.R. BISSELL; THENCE SOUTHERLY AND ALONG THE CENTER OF SAID LANE TO A STAKE STANDING OPPOSITE THE CENTER OF VINEYARD GATEWAY; RUNNING THENCE EASTERLY IN A STRAIGHT LINE THROUGH THE CENTER OF SAID GATEWAY AND ALONG THE CENTER LINE OF A ROAD BETWEEN CHARBONO AND MALVOISE GRAPES, BEING THE LINE DIVIDING LANDS FORMERLY OF RANKIN AND BISSELL, TO A STAKE IN FENCE; THENCE PROLONGING SAID CENTER LINE OF SAID ROAD TO THE CENTER OF A GULCH; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID GULCH TO THE CENTER OF COLLINS CREEK AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE UP THE CENTER OF COLLINS CREEK TO THE LINE DIVIDING SECTIONS 6 AND 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE EAST ALONG SAID LINE BETWEEN SAID SECTIONS 6 AND 7 AND 5 AND 8 TO THE CENTER OF RAVINE; THENCE DOWN THE CENTER OF SAID RAVINE TO THE CENTER OF COLLINS CREEK; THENCE UP THE CENTER OF COLLINS CREEK SOUTHWESTERLY, FOLLOWING THE MEANDERS OF COLLINS CREEK TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THE PETROLEUM, NAPTHA, ASPHALTUM AND OTHER SUBSTANCES CONTAINING OR PRODUCING OIL, AND ALL COAL, MINERAL AND MINERAL SUBSTANCES, AND THE RIGHT, PRIVILEGE AND EASEMENT TO HAVE, TAKE AWAY AND REMOVE TO THE USE AND BENEFIT OF T.G. MCLERAN, ET AL, AND THEIR HEIRS AND ASSIGNS ALL THE SUBSTANCES AFORESAID, AND FOR THAT PURPOSE, FROM TIME TO TIME AND AT ALL TIMES HEREAFTER TO ENTER UPON THE ABOVE DESCRIBED PREMISES WITH THEIR SERVANTS, AGENTS, ASSOCIATES AND ASSISTANTS TO PROSPECT, SEARCH, DIG AND BORE FOR SAID SUBSTANCES AND TO EXTRACT AND WORK THE SAME, AS CONVEYED TO T.G. MCLERAN, ET AL BY INDENTURE RECORDED OCTOBER 19, 1865 IN BOOK U OF DEEDS, PAGE 220 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NO. 544-31-002 (PORTION) 544-33-003 PARCEL TEN: (474371) EXHIBIT Iq Page 15 of 2 6 Pages Page 1]:of 2- F7GI31401C2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 9 of Schedule C SCHEDULE C (Continued) BEGINNING AT A REDWOOD TREE 2 FEET IN DIAMETER MARKED 111/4 SEC. " AND BEING THE 1/4 SECTION CORNER BETWEEN SECTIONS 31, TBS. , R1W AND SECTION 6, T9S, R1W; AND RUNNING THENCE ALONG THE LINE BETWEEN SAID SECTIONS 31 AND 6, NORTH 89-1/40 E. 15 CHAINS TO A MADRONE TREE 4 FEET IN DIAMETER MARKED WITH 3 NOTCHES FORE AND AFT (EAST AND WEST) FOR A STATION TREE ON SAID SECTION LINE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE 21.14 ACRE TRACT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/20 WEST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/20 WEST 5.92 CHAINS, SOUTH 80 30 ' EAST 0.61 CHAINS, SOUTH 120 WEST 0 .83 CHAINS, SOUTH 180 40 ' WEST 1.08 CHAINS, SOUTH 4° 45 ' WEST 1.06 CHAINS, SOUTH 350 30 ' WEST 1.65 CHAINS, SOUTH 720 30 ' WEST 1.55 CHAINS, SOUTH 890 30' WEST 1.15 CHAINS, SOUTH 700 15' WEST 1.48 CHAINS, SOUTH 810 20 ' WEST 1.03 CHAINS, NORTH 890 52 ' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE ALONG SAID 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6, NORTH 15.63 CHAINS TO THE POINT OF BEGINNING, AND BEING A PORTION OF SECTION 6 IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. AND M. ASSESSOR'S PARCEL NO. 544-31-004 PARCEL ELEVEN: (474371) BEING A PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 5, 1985 IN BOOK J312 PAGE 2167 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE, 24 INCHES IN DIAMETER, BEING THE OFFICIAL QUARTER SECTION CORNER IN THE MIDDLE OF THE NORTH LINE OF SECTION SIX (6) IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN, BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON MAY 26, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG SAID LINE (BEING THE TOWNSHIP LINE) EAST, ONE QUARTER OF A MILE, TO THE MIDDLE OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE AT RIGHT ANGLES NORTH, TO THE ROAD KNOWN AS THE CHASE ROAD, THENCE RUNNING ALONG SAID CHASE ROAD IN A GENERAL WESTERLY DIRECTION TO THE NORTHEAST CORNER OF THE LAND OF H. PETERSON (AS EXISTING ON MAY 26, 1892) ; THENCE SOUTH ALONG THE EAST LINE OF SAID PETERSON'S LAND (AS EXISTING ON MAY 26, 1892) ALONG FENCE A DISTANCE OF FIFTY FEET, MORE OR LESS, TO THE ROAD LEADING FROM SAID CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) ; THENCE ALONG SAID ROAD IN A GENERAL SOUTHERLY DIRECTION TO A POINT FROM WHICH A STRAIGHT LINE DRAWN TO THE REDWOOD TREE, THE PLACE OF BEGINNING, WILL PASS SOUTH OF AND DISTANT SEVENTY-FIVE (75) FEET FROM THAT CERTAIN SPRING WHICH IS SITUATED ABOUT HALF WAY BETWEEN SAID CHASE ROAD AND SAID ROAD LEADING FROM THE CHASE ROAD TO SAID PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) AND NEAR THE WESTERN BOUNDARY OF THE LAND HEREBY CONVEYED, WHICH SPRING ISSUES AT A LARGE REDWOOD STUMP, IN A CLUMP OF REDWOOD TREES, AND NEAR THREE LARGE CALIFORNIA LAURELS; THENCE FROM SAID POINT NORTHEASTERLY ABOUT ONE-EIGHTH OF A MILE TO THE PLACE OF BEGINNING; AND BEING A PART OF LOTS 10 AND 12 OF THE SUBDIVISION OF THE RENOWDEN TRACT AS SHOWN UPON THE MAP THEREOF EXHIBIT L--- Page 16 of 26 Pages Page � Z FrGIS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Policy No. FTC 644245 Page 10 of Schedule C SCHEDULE C (Continued) OF RECORD IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, IN BOOK "C" OF MAPS, PAGE 51. BEING THE SAME PREMISES GRANTED TO SAID PARTY OF THE FIRST PART BY J.B. RENOWDEN, ET AL, BY DEED DATED MAY 26, 1892, OF RECORD IN LIBER 146 OF DEEDS, PAGE 529, ET SEQ. , IN THE COUNTY RECORDER'S OFFICE OF THE COUNTY OF SANTA CLARA, TO WHICH DEED AS THERE RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) AND 544-30-002 (PORTION) PARCEL TWELVE: (474371) BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN BOOK J334, PAGE 1832 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL ONE QUARTER (1/4) SECTION CORNER IN THE NORTH LINE OF SECTION 6, T.9.S.R.1.W. , M.D.M. , SAID POINT OF BEGINNING BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON JULY 6TH, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG THE 1/4 SECTION LINE SOUTH 5.16 CHAINS TO A STAKE MARKED 115411, FROM WHICH A BLACK OAK MARKED 11B.T.R.55" BEARS S. 30 30" W. 54 LINKS DISTANT; THENCE RUNNING ALONG THE CENTER LINE OF THE ROAD LEADING FROM THE CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON JULY 6TH, 1892) WITH THE FOLLOWING COURSES AND DISTANCES: S. 56' 37' W. 1.50 CHAINS; S. 730 15 ' W. 0.61 CHAINS; N. 600 45' W. 1.94 CHAINS; N. 740 30 ' W. 1.03 CHAINS; S. 700 52 ' W. 0.59 CHAINS; S. 540 30 ' W. 1.77 CHAINS; S. 470 W. 0.26 CHAINS; S. 880 W. 0.45 CHAINS; N. 540 15' W. 0.53 CHAINS, AND N. 360 46' W. 1.55 CHAINS; THENCE LEAVING SAID ROAD AND RUNNING ALONG THE SOUTHEASTERLY LINE OF LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE (AS EXISTING ON JULY 6TH, 1892) N. 600 45' E. 9.95 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 10 OF THE RENOWDEN SUBDIVISION, AS RECORDED IN BOOK "C", PAGE 51 OF MAPS, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 160 30 ' E. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY J.B. RENOWDEN, BY DEED DATED JULY 6TH, 1892, OF RECORD IN LIBER 150 OF DEEDS, PAGE 94 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-30-002 (PORTION) PARCEL THIRTEEN: (474371) BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN BOOK J334, PAGE 1828 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE STANDING IN THE NORTH LINE OF SECTION SIX (6) , TOWNSHIP NINE (9) SOUTH, RANGE ONE (1) WEST, MT. DIABLO BASE AND MERIDIAN, SAID STAKE EXHIBIT Page 17 of 26 Pages Page,�.of-LL FrGIS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 11 of Schedule C SCHEDULE C (Continued) BEING DISTANT TWENTY (20) CHAINS EAST FROM A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL 1/4 SECTION CORNER IN THE SAID NORTH LINE OF SECTION 6, T.9.S.R.1W. ; THENCE ALONG SAID LAST DESCRIBED SECTION LINE N. 890 45' E. 9.00 CHAINS TO A 2" X 3" STAKE; THENCE NORTH 0.455 CHAINS TO THE CENTER LINE OF THE CHASE ROAD; THENCE RUNNING ALONG THE CENTER LINE OF SAID ROAD, WITH THE FOLLOWING COURSES AND DISTANCES; N. 82' 35' W. 0.68 CHAINS; N. 710 15' W. 1.51 CHAINS; N. 670 40 ' W. 3 .33 CHAINS; N. 75' W. 1.06 CHAINS; N. 780 30' W. 1.12 CHAINS; AND N. 7411 54 ' W. 1.745 CHAINS TO A POINT FROM WHICH A 2 X 3 INCH WITNESS STAKE BEARS SOUTH 8 1/2 LINKS DISTANT: THENCE 3.28 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 12 OF THE RENOWDEN SUBDIVISION, RECORDED IN MAP BOOK C, PAGE 51, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 160 30' EAST. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY JOSEPH RENOWDEN, ET AL, BY DEED DATED AUGUST 17, 1892, OF RECORD IN LIBER I50 OF DEEDS, PAGE 496 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) PARCEL FOURTEEN: (474371) BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK J303 PAGE 919 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE 2-1/2 INCHES IN DIAMETER AND FOUR FEET LONG, SAID POINT OF BEGINNING BEING N. 640 44 ' E. 1.17-1/2 CHAINS FROM THE SOUTHWEST CORNER OF LOT NO. 11 OF THE RENOWDEN TRACT, AS RECORDED IN MAP BOOK C, PAGE 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; THENCE N. 60 5 ' E. 1.71-1/2 CHAINS; S. 580 E. 1.95 CHAINS TO A STAKE, FROM WHICH BEARS A MADRONE TWO FEET IN DIAMETER S. 580 E. 3 LINKS MARKED B.T.L.G.N.3; THENCE S. 700 W. 1.94 CHAINS TO THE PLACE OF BEGINNING, BEING PART OF LOT 11 OF THE RENOWDEN TRACT AS RECORDED IN MAP BOOK C, PAGE 51 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND BEING SITUATED IN SECTION 31, T.8 S.R. 1 W. M.D.M. ASSESSOR'S PARCEL NO. 544-29-006 EXCEPTING FROM PARCELS ONE THROUGH FOURTEEN: ANY AN ALL TIMBER GROWING, STANDING, LYING, OR DOWN, TOGETHER WITH ALL RIGHTS TO HARVEST SAME, WITH FREE AND UNRESTRICTED ACCESS TO THE REAL PROPERTY FOR THE PURPOSES OF SEVERING AND REMOVING THE TIMBER CONVEYED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FREE AND UNRESTRICTED USE OF ANY AND ALL ROADS AND ROADWAYS LOCATED UPON THE REAL PROPERTY, TOGETHER WITH THE RIGHT TO CONSTRUCT SUCH ROADWAY(S) AS MAY BE REQUIRED IN ORDER TO HARVEST THE TIMBER CONVEYED THEREIN, AS CONVEYED BY HONG KONG METRO REALTY COMPANY, INC. , A CALIFORNIA CORPORATION TO ARLIE LAND AND CATTLE COMPANY, AN OREGON CORPORATION, BY DEED RECORDED IEXH1131T Page 18 of 2 6 Pages page •- FrGiS 1401c2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. FTC 644245 Page 12 of Schedule C SCHEDULE C (Continued) AUGUST 14, 1996 AS INSTRUMENT NUMBER 13408132 AND AS CONCURRENTLY CONVEYED BY ARLIE LAND AND CATTLE COMPANY, AN OREGON CORPORATION TO BIG CREEK LUMBER COMPANY, INC. , A CALIFORNIA CORPORATION BY DEED RECORDED AUGUST 14, 1996 AS INSTRUMENT NUMBER 13408133 . SD/Cl/MW A 544-28-4/544-29-6/544-30-2/544-31-2,3,4 544-33,3,14/544-50-1 544-35-6 EXHIBIT Page-LI-cf,l 2 Attachment 7 Letter Agreement Between District and Arlie Land and Cattle Company Jun 25 99 11 : 23a Rr' ' & Company 541 485 2550 p. 2 JIJN•-25-99 tt] 4 1 Fr?Qr4+LAMUFLa ..I Pt_EX D 1 AmUND =r 7❑-4 1 5 5 r 2 W. PAGF 2/2 i tL115 P1r17A L A N D L L S 3M The Embarr2dero K1Y1 EY +� San Francisco,C-A 9410a-1250 ))l A MOND 114 40 512 ES700 Ai TO P.N IY$ Fxx 4155128M LLI wss�v.landeLs.com Scolt D-Rogcrs Jwte 25, 1999 sdr�Dlandels.com VIAXAgiDnLD Susan Schectman,Esq. Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 Re: Big Creek Property Our Client A' after N9.74M.00-1. Dear Sue: Reference is!Wade to that certain Agreement for Option and Purchase of Real Property dated as of March 12, 1999 (the"Agreement")between Arlie Land and Cattle Cotnpluly("Se11er")and MjdPeninsula Regional Open Space District("District")writh regard to certain real property located in SarJta Clara County,Califonrla as mote particularly described therein. All words and phrases hazing their initial letters capitalized in this letter but 110L Specifically defined herein shall have the meanings set forth in the Agreement. This letter will confum the Agreement of Arlie and District N%ith respect to the following procedural and clarification matters relating to the Agreement which shall be effective notwithstanding anything to the contrary contained in the Agreement: 1. District may exercise the Upper and Mellots Proper[}'Option solely as to the Upper Property provided that the such exercise occurs sitnultaneously with District's exercise of the Lower Property Option_ Accordingly,the condition precedent specified in the second sentence of Section 2.5 of the Agreement is waived as to the Mellots Property,such that only the closing of the sale and purchase of the Upper Property shall be a condition to the closing of the sale and purchase of the Lower Property. Upon such closing,in confuznation of the release of the Mellots Property frorn the Upper attd Mellots Property Option,in addition to any other instruments to be delivered by District, District shall execute and deliver to Seller a quitclaim deed in recordable form. ` - District's exercise of the Lower Property Option and the Upper and Mellots Property Option(as to the CTpper Property only as provided in Paragraph I above)may be validly trade by timely deli tion of the Extended Low very prior to expirae Progeri<'Option Term of written notice of such exercise to Seller's counsel,l.ande is Ripley c&Diamond,LLP,at the 22go4 1 �. a �.. I Jun 25 99 11 : 23a Arl ' - L Company 541 4R5 2550 p. 3 .IUM-25-95 06 32 r H()M-LANL)ELS Ft i PLEY D I ANOND 4 I[) 3 1 S 5 1 2 F175 PAGE 3I4 EV Susan Sellectman,E.cq.June 25, 1999 Pa e l address specified in the Agreement with a copy sent by facsimile transmission to Seller at the facsimile number Specified in the Agreement. 3. Followi:ag the Closing,Seller shall be entitled,at Seller's sole cost and expense, to pursue,collect and retain one or more refunds of real property taxes or assessments paid by Seller hi connection m ith the Property or any portion thereof if and to QIe extent that any such refund may be appropriate. District agrees to reasonably ents and applications coot cations perate l as may th Seller in its pursuit of y reasonably such refunds including execution of such docum ided,however,District shall not be obligated to incur any cost,expense requested by Seller;prov or liability in connection therewith. fixcept to the extent expressly amended hereby,the Agreement remains unmodified and in full fucce and effect. This agreement shall not be effective unless alyd until executed as prmzded below by both Seller and District. In confirmation of Seller's agreement to all of the foregoin o,I will have Seller facsimiletransmissionexecute a copy o this letter in flee space provided below and fo�nvard a copy }" a hard copy to follow as soon as reasonably practicable. In confirmation of District's agreement ou havinb the District execute a copy n to all of the foregoing,)would appreciate y the space provided below and forward a copy to me by facsimile transmission with a hard copy to follow as soon as reasonably practicable. Thank you in advance for your continued courtesy mid cooperation. Very truly yours, 4D. Ro�Prs SDR:arh cc: Mr. Jolut Musumeci(via facsimile) Mr. Louis Acosta(tna facsimile) Robin Kennedy, ,fist}.(via facsimile) 229042.t Jun 25 99 11 : 23a Rr a Company 541 485 2550 p, 4 JUN-25-99 06r32 FR011.LANDEL5 IPLEY DIAMOND 4 ID-415 512 97 PACE 4/4 L A N D E L S Susan Schectman.Esq. RIPLEY & June 25, 1999 dIAMONI) Page 3 ATTORNEYS 1.LP THE UNDERSIGNED,SELLER,HERF-BY ACKNOWLEDGES AND AGREES TO ALL OF THE FOREGOIN . ARLIE L TILE CO AN Y, an Ore c anon 'j� Dated: June.0 1999 e,Presi ent Hy: Dated: Jane� 1999 meci,Vice P'i�sidcnt THE UNDERSIGNED,DISTRICT,HEREBY ACKNOWLEDGES AND AGES TO ALL OF THE FORECTOMG. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant Section 3 of Chapter 3 of Division 5 of the California Public Resources Code By. Dated: 3utne , 1999 Jed Cyr,)?resident Attest: Dated: June 2 1999 Peggy Coats,District Cleric 229042.1 Attachment 8 Resolution of Board of Directors of Midpeninsula Regional Open Space District Claims No. 99-13 Meeting 99-16 Date: June 28, 1999 MIDPENINSULA, REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6809 4,500,000.00 Old Republic Title Company Arlie Acquisition 6810 1,200.00 California Department of Fish &Game Filing Fee-Arlie Acquisition Project Total 4,501,200.00 Page 1