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19991117 - Agenda Packet - Board of Directors (BOD) - 99-28
g e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-28 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:30 p.m. Wednesday, November 17, 1999 330 Distel Circle Los Altos, California AGENDA* ROLL CALL ** ORAL COMMUNICATIONS- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -J. Cyr *** WRITTEN COMMUNICATIONS BOARD BUSINESS 7:35 1 Proposed Lease and Management Agreement with Guadalupe Land Company for Property Adjacent to Mt. Umunhum Area of Sierra Azul Open Space Preserve; Determination That the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Authorization for the General Manager to Sign a Lease and Management Agreement with Guadalupe Land Company; and Tentative Adoption of a Preliminary Use and Management Plan Recommendation - D. Woods/M. Williams 7:45 2 Proposed Approval of a Settlement and Release Agreement in the Matter of Midpeninsula Regional Open Space District v. Ireland, Case No. 772320; and Determination That the Recommended Action is Categorically Exempt from the California Environmental Quality Act - S. Schectman 7:55 3 Proposed Addition of Mesenburg Property to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve; Determination That the Recommended Actions Are Categorically Exempt From the California Environmental Quality Act; Adoption of a Resolution Authorizing Purchase of the Mesenburg Property; Tentative Adoption of Preliminary Use and Management Plan Recommendations, Including Naming the Property As An Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve; and Indication of Intention to Withhold Dedication of the Property as Public Open Space At This Time - M. Williams/D. Woods I W [)istel Citcle . [o5 Altos, CA 94022-1404 Phone: 0-M-091-1200 FAX_ 0 i0-091-0485 * E-mail: site:www.opcns[ace,org 14"10 of 01w(hn':Pete`iienwns (?dtev, Jed(vi, De mw Liiilt" I Link(),IiO ( iov%c3er, Kenneth Nit/ *(wiwi.tl Lu i!wf� l ( i,iia,Britton Meeting 99-22 Page 2 *** 4 Annual Seasonal Trail Closures Information Report-J. Escobar *** 5 Final Adoption of a Use and Management Plan Amendment for a Minor Trail Realignment at Windy Hill Open Space Preserve; Adoption of a Use and Management Plan Amendment to Realign An Approximately 300-Foot Section of Trail Adjacent to the Southern Boundary of The Sequoias Retirement Community in Windy Hill Open Space Preserve - M. de Beauvieres *** 6 Cancellation of December 8 and December 22 Regular Meetings and Scheduling of a Special Meeting of the Midpeninsula Regional Open Space District Board of Directors for December 15, 1999 - C. Britton *** 7 Correct a Typographical Error in Resolution 97-30, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the General Manager to Approve or Deny Certain Legal Claims Against the District, To Approve Amendments to Permits to Enter District Property and to Contract for the Payment of Services, Supplies, Materials, or Labor Pursuant to Public Resources Code Section 5549(b); Adopt a New, Corrected Resolution Authorizing the General Manager to Administratively Approve or Deny Certain District Actions - S. Schectman *** REVISED CLAIMS 8:05 INFORMATIONAL REPORTS -Brief reports or announcements concerning activities of District Directors and Staff 8:15 ADJOURNMENT * 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 three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. **+ All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed form the Consent Calendar during consideration of the Consent Calendar. Regional iJ . J _ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING ADMINISTRATION AND BUDGET COMMITTEE AGENDA 5:00 P.M. Ken Nitz, Chair Wednesday Deane Little November 17, 1999 Pete Siemens (5:00) ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA (5:05) COMMITTEE BUSINESS 1. Review of 1998-1999 Actual Budget Expenditures for Open Space Acquisition, Enterprise, Planning, Operations, Public Affairs, and Administration Programs—C. Britton 2. Mid-Year Review of 1999-2000 Budget for Open Space Acquisition, Enterprise, Planning, Operations, Public Affairs, and Administration Programs—C. Britton • Review of Capital Improvement Budget in Relationship to Guidelines 3. Controller's Mid-Year Financial Report and Review of Long-Range Financial Forecast—M. Foster 4. Update on Salary, Classification, and Benefit Study—C. Britton 5. Informational Items (6:30) ADJOURNMENT 3 W Distel Ciicie - I os Alto,., CA 94022-1404 * Phone: 650-091-1 200 FAX: 6)O-691-0485 - F-n Zil: Web tiite:www.opewgmce.or€, Rn,ml on 01!(- Kn, Pete Sier77e ll" M'lly(.. Dja cl,, led Cyr, Iheane I ittlo, NR>nette Hanker, Retw Crm%det, Kemleth f .'Vitt lom 'd%1,17,tit<v I ! r w R,I!t u Regional Open *ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE November 18, 1999 PREPARED BY STAFF Roy G. Hayter FOR BOARD CONSIDERATION Janet M. Hayter 1691 Yale Drive Mountain View, CA 94040 Re: Trail Wear at Purisima Creek Redwoods Open Space Preserve Dear Mr. And Ms. Hayter: Thank you for your letter of November 3 regarding significant wear on the Whittemore Gulch Trail and the Soda Gulch Trail at Purisima Creek Redwoods Open Space Preserve. The Board reviewed your letter at its meeting last night. The District Board and staff share your concern about the condition of the trails and any apparent abnormal wear. You'll be pleased to know that we we will be evaluating the general issues of environmental impacts and maintenance requirements of trail use in this and other preserves during an upcoming review of the District's Trail Use Policies. Public hearings on this project will be initiated this winter. We will add your names to the list of persons to be notified of the meetings, and hope you will be able to participate. Regarding this specific damage, a significant repair and upgrade project was conducted this past summer on the Purisima Creek Trail and the Grabtown Gulch Trail. Additional work is scheduled for next summer on the Harkins Ridge Trail. We will forward your letter and our reply to Skyline Area staff so that improvement of the Whittemore Gulch Trail surface can be included in the scope of work. Thanks again for taking the time to write. Sincerely, Jed Cyr, President Board of Directors o Dictel Circle - Los Alto,,, CA 9-4022-1404 g Phone: 050-0()1-1200 FAX: 0-)()-0()1-0485 - f-nmil: HomdotOlto(tol, Poe�i( \Aalv [Mve�, led(vt, IN"Ille Little, Notione I 1.inko, Ret,� ( im%det, Kermeth( , Nit/ -(wncml L 1691 Yale Drive Mountain View CA 94040 November 3, 1999 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Sir, We would like to comment on the condition of the Whittemore Gulch Trail in Purisma Creek Redwoods. We have often hiked this trail and make the loop from Higgins Purisma Road, returning by way of Soda Gulch Trail. We think that it is one of the best hikes around here. When we hiked this trail yesterday, November 2, we were struck by how the Whittemore Gulch trail had deteriorated since our last visit in the spring. There were many fresh tire tracks presumably from weekend activity, and we can only deduce that the ruts, ridges, pot holes and thick dust are largely caused by the use of bicycles on this steep and winding trail. The wear on the trail was particularly noticeable at and near the bends near the top of the Gulch Trail. The trail at these corners has been widened by tire tracks both going wide and by cutting the comers, with loss of the original vegetation. If this rate of wear continues for another season or two, we can expect that there will be the need for extensive repair to the trail. Either that or both hikers and bikers will be traveling in a deep rut, which will become a stream in the winter, further eroding the surface. Although this level of wear is not visible on the Soda Gulch Trail, which is nominally closed to bicycles, there were visible tire tracks there also. We hope that Soda Gulch will not become the bicycle trail of choice when Whittemore Gulch becomes worn beyond safe use. We would appreciate your evaluating this rapidly changing situation. Sincerely, R G. ter "Janet M. Hayter NOV 4 Rt�;Ylonal Open .0ace geA-� ------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-149 Meeting 99-28 November 17, 1999 AGENDA ITEM 1 AGENDA ITEM Proposed Lease and Management Agreement with Guadalupe Land Company (Peninsula Open Space Trust) for Property Adjacent to Mt. Umunhum Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECQMMENDAIM� 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Authorize the General Manager to sign the attached lease and management agreement with Guadalupe Land Company, a Peninsula Open Space Trust wholly owned corporation, and subject to approval by the General Manager and General Counsel, to approve minor revisions to this agreement which does not substantially change any material term of the agreement. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. DISCUSSION In 1986, Peninsula Open Space Trust (POST) received a gift of approximately an 8% ownership interest in Guadalupe Land Company, which owns a 286.46-acre property located east of Los Gatos and adjacent to Guadalupe Reservoir. In 1996, POST acquired additional shares, increasing their ownership interest in the company to approximately 26%. At that time, the controlling shareholders were investigating the potential for developing the property for residential use. POST originally acquired an interest in the corporation in an effort to protect the property's open space resources, recognizing the importance of the relationship of the property to the larger open space area formed by Almaden Quicksilver County Park and the Sierra Azul Open Space Preserve. In October 1999, POST acquired the remaining interests in the Guadalupe Land Company and now owns 100% of the shares. POST applied the proceeds from the District's recent purchase of the POST (North) property towards the acquisition of this property (see Report R-99-126, dated September 22, 1999). As the majority owner in the company, POST's desire is to lease the property to the District and have it managed in a manner consistent with the adjacent open space preserve. 1))o 1)iwl Circle le - I os Alto,,, CA 94022-1404 * Phow- 6-)0-09 1-1 100 I AX: 0-)0-01)1-048 f-mail: mrosd CWopc11,,p,i((,.org # Web sitei vvwv,,.o1 tewl),i(e.org Moal ot 0J1f,(tw,:Pete stetm-n,, \Iatv 1),)c(,\ lcd t yr, 1)cmw I ittlf,, Nonctle f Linko , Bet,\,( r(m 6,r, Keimelh( Nit/ « lcner,il BrIllo'l R-99-149 Page 2 DESCRIPTION (see attached mangy The Guadalupe Land Company property is located between Almaden Quicksilver County Park and the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Adjacent to Hicks Road and opposite the Guadalupe Reservoir dam, the property generally climbs steeply to the south towards Mt. El Sombroso. However, in the central portion of the property, there is a large, nearly flat grassland meadow that is surrounded by oak woodland. The meadow has serpentine rock outcroppings that are unique to the area and visible from surrounding roads and trails, including public trails on the nearby open space preserve and park. One key feature of the site is a large jagged rock located in the north-central portion of the property. A densely forested riparian corridor along Rincon Creek is an equally attractive part of the property. This acquisition will help protect unique geologic features, special status species normally associated with serpentine soils, mountain lion habitat, a pristine riparian corridor, and scenic views from existing public trails. Its existing network of roads and trails will provide excellent opportunities for expanding the preserve and park trail systems. The irregular-shaped property is bounded by Hicks Road and Almaden Quicksilver County Park to the north, private properties to the east and west, and District lands to the south. District land along Reynolds Road lies approximately 500 feet to the west of the property. The northern and southern portions of the property have very steep and densely wooded slopes while the central portion is uncharacteristically flat with a 40- to 50-acre grassland meadow. The meadow is underlaid with serpentine soils and, most likely, provides a large display of wildflowers in the spring and early summer. This area is home to many species of special concern, one of which has been identified as the Mt. Hamilton thistle. The meadow is surrounded by oak woodland with mature oaks and very little undergrowth, making the area easy to explore. Oak woodland, chaparral, and small pockets of grassland comprise the steeper slopes to the north and south of the meadow. Halfway down the north-facing slope towards Guadalupe Reservoir, the large jagged rock that is easily seen from the surrounding area attracts hikers as well as an occasional rock climber who can gain access from trails originating at roadside pullouts near the reservoir. These trails pass through a large grassy meadow above Hicks Road. The south- and east-facing slopes are extremely steep, descending into the densely forested corridor along Rincon Creek. Like the trails leading to the scenic rock, a well-traveled trail follows the Rincon Creek to the west and into the open space preserve. Two other densely wooded creek canyons are located adjacent to the northwest boundary and diagonally across the southern portion of the property. Improvements to the property are limited to unsurfaced roads, trails, and remnants of old fences. Four roads radiate out from the center of the large meadow, leading to: 1) the property's southwest boundary, 2) part way down the southeast ridge towards Rincon Creek, 3) north to the jagged rock outcropping, and 4) beyond the west boundary and connecting to Reynolds Road. The Reynolds Road connection provides the only vehicular access to the site and it passes through private property where there are no recorded easements. Historically, vehicular access existed from Hicks Road up to the jagged rock, through a private parcel located adjacent to the northeast boundary of the property. This road is badly eroded and aligned on unstable slopes, but still provides easy trail access. Also, in this area near the R-99-149 Page 3 Guadalupe dam, there are three other trails originating along Hicks Road and connecting up to the jagged rock. These trails pass remnants of old wire fences that were probably associated with past grazing activities. The roads and trails throughout the property appear to receive regular use. Hikers and rock climbers are primarily accessing the area from Hicks Road near the dam and Rincon Creek while equestrians are most likely entering from adjacent private properties. There is a small amount of litter located in the northern portion of the property and a few traces of campfires near the jagged rock. A large part of the illegal activity may be occurring at night when parking is permitted along Hicks Road. USE AND MANAGEMEW Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20- to 160-acre minimum lot size based upon a slope density formula. The property is comprised of three legal parcels and has a potential density of six residential sites. Residential development would be very difficult due to the lack of recorded easements allowing access to the property. The property is in the vicinity of the proposed Bay Area Ridge Trail that connects the Lexington Reservoir County Park to Almaden Quicksilver County Park and passes through the Sierra Azul Open Space Preserve. The proposed trail alignment is along Wood Road and overlooks the property and surrounding area. Residential development of the property would severely impact the scenic qualities of the Ridge Trail. Other important trails in the vicinity include trails shown in the Almaden Quicksilver County Park Trails Master Plan. Some of these are close to Guadalupe Reservoir and may provide connections into the property's trail system in the future. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Under the terms of the lease and management agreement, the property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property; seek agreement from adjacent property owner for patrol and maintenance access to central portion of the property. Parking: Work with Santa Clara County Roads and Airports Department to prohibit late night parking. R-99-149 Page 4 Signs: Install preserve boundary signs where appropriate. Cleanup: Litter and remnants of wire fencing will be removed. Name: Name the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Site Safety Inspection: Site safety inspection has been conducted and there are no known safety hazards on the site. CEQA COMPLIANCE Project Description The project consists of the lease and management of a 286.46-acre property as an addition to Mt. Umunhum Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property is likely to be acquired by the District and would be included in the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301, 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The use and management plan specifies the property will be operated and maintained in a natural condition and there will be no expansion of use; the property will be closed to the public. 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. Ultimately, the District is likely to acquire the property from Guadalupe Land Company. The use and management plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Ultimately, the District is likely to acquire fee interest in the property and will maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. Ultimately, the District is likely to acquire the property which will transfer fee R-99-149 Page 5 ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Sierra Azul Open Space Preserve. This acquisition qualifies under four 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. PUBLIC NOTIFICATION The adjacent property owners and Santa Clara County Park's Department have been notified. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative SIERRA16ZUL OPEN SPACE P16ESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT /c..�•,.,,;l��l N Ra cn ode Guadalupe AREA `�_. ��.. �• _ `ALMA N a00 t ti �` s ROad •1 16(00 / �� - - OUI Y AR •� - • r� �. ✓ �, r �� GUADALUPE LAND CO. 4'_� •"�,� 286.46 ACRES —, i ` •�..._. 1000 r _ 1 ' `mil � � u a q — '` • f 0o s El Sombroso % ``d- - J(sA62-� 'did _ —'f -�-1200 l �.. ... 1400 (SA06).� 1600 �1 Trail 2000 6.2 ' ti • crl _ 2200 j 1 2400 1 r / 2600 �Ae j � J 2800. /— Mt.Umunhum� _ e41d Bald 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 A07 Tr 2,387' — One Mile EXHIBIT A LEASE AND MANAGEMENT AGREEMENT THIS LEASE AND MANAGEMENT AGREEMENT ("Lease"), dated for reference purposes only as of October 1, 1999, is by and between the GUADALUPE LAND COMPANY, a California corporation("GLC'), 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. GLC is the owner of a certain parcel of real property ("Premises"), located within the unincorporated area of the County of Santa Clara, State of California and is more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference. B. The Premises are adjacent to District land and GLC desires to transfer the Premises to the District under mutually agreeable terms at some time in the future. In the meantime, GLC desires that District immediately lease and manage the Premises until such time as the District acquires the Premises. C. GLC is willing to lease the Premises to District, and District desires to lease the Premises from GLC, 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, GLC 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, GLC does hereby lease to District, and District does hereby lease from GLC, all of the Premises. 2. Lease Term. 2.1. Initial Lease Term. District shall have and hold the Premises for a term commencing on the Effective Date hereof and ending on the earlier of(a)the conveyance of fee title to the Premises to District by GLC or, (b)two (2)years from the Effective Date(the "Lease Term"). As used herein, the term "Effective Date" shall be the date on which this Lease is executed by the District. 2.2. Renewal/Extension of Lease Term. District may, at least 60 days prior to the expiration date of the Lease Term, give GLC written notice of its desire to renew this Lease. In that event, District and GLC 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. Rent. District promises to pay rent("Rent")to GLC, at the address of GLC as set forth in Paragraph 12.5 below, in an amount of One Dollar($1.00)per year. GLC and District agree that this amount is fair and reasonable in view of District's performance of its covenants and 1 . agreements contained herein(including,without limitation,those regarding indemnification, maintenance and operation of the Premises.) 4. GLC's Representations, Warranties and Covenants. GLC represents, warrants and covenants as follows: 4.1. Organization. GLC is duly organized and validly existing under the laws of the State of California. 4.2. Requisite Action. All requisite corporate action has been taken by GLC in connection with GLC'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 GLC pursuant to this Lease. 4.3. Title. To GLC's knowledge, GLC owns fee simple title to the Premises. GLC 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. 5. Management. During the term of this Lease and any extension thereof, District agrees to manage the Premises for the purpose of open space preservation as part of the ecological, recreational and scenic resources of the mid-peninsula area. District shall be solely responsible for management of the Premises during the Lease Term. District may install gates, appropriate signing and fencing as necessary, in the sole determination of District, and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Premises. 6. Patrol. District will patrol and manage the Premises in a manner consistent with adjacent District holdings to ensure that the Premises are 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 activity 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. 7. Legal 1 Responsibility and Indemnification. 7.1 District. During the Lease Term,District shall assume full legal responsibility for the management, control and operation of the Premises,the conditions thereof and for all activities conducted thereon. Except as otherwise agreed herein,District shall hold GLC harmless from, and defend GLC against, any and all claims or liabilities for injury or damage to any persons of property howsoever 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. 7.2 GLC. GLC agrees to indemnify, defend and hold harmless District and its agents, officers, officials, and employees against any and all claims or liabilities for injury or 2 damage to persons or property arising out of or resulting from the negligent acts or fault of. g GLC, or its agents, employees, officers, or servants, in connection with the Premises. 7.3 Joint Responsibility. 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. 7.4 Insurance. During the Lease Term, District shall maintain in full force and effect, with insurance companies with general policyholder's ratings of not less than "A-" and a financial rating of not less than "FSC V as rated in the most current available Best's Insurance Reports, licensed to do business in California, comprehensive liability insurance policies applicable to the Premises and District's activities, including contractual, with limits of liability of at least: • Two million dollars($2,000,000.00) aggregate combined single limit for bodily injury and property damage liability; and • One million dollars($1,000,000.00) combined single limit coverage per occurrence. This liability insurance shall be primary and not contributing to any insurance carried by GLC, and GLC's insurance, if any, shall be in excess of this insurance. District shall cause GLC to be named as an additional insured, and a certificate evidencing this coverage and providing that the insurance may not be canceled without thirty(30) days'prior written notice to GLC shall be delivered to GLC prior to District taking possession of the Premises. 7.5 Subrogation. Any insurance carried by either party with respect to the Premises shall include a clause or endorsement denying to the insurer rights of subrogation against the other parry to the extent these rights have been waived by the insured under the provisions of this Agreement. Each party, notwithstanding any provisions of this Agreement to the contrary, waives any right of recovery against the other for injury or loss due to hazards covered by insurance to the extent of the insurance coverage so provided. 8. Compliance with Laws. District shall comply with any and all federal, state, and local laws, statutes, 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. 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 GLC or any of GLC's agents, lenders, contractors, engineers, consultants, employees, subcontractors, licensees, invitees and representatives. 10. 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 3 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 necessary to preserve its existing character; provided, however,that District shall not be obligated to make any material capital improvements to the Premises. 11. Assignment and Subletting. District may not assign or sublease this Lease to any other parry without the prior written consent of GLC, 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 GLC 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 GLC. 12. Miscellaneous Provisions. 12.1 Invalidity. 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. 12.2 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 "GLC' 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. 12.3 Writing. No waivers, amendments, alterations or modifications of this Lease, or any agreements in connection with this Lease, shall be valid unless in writing and duly executed by both GLC and District or their respective successors-in-interest.. 12.4 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. 12.5 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. 4 t If intended for District, 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 GLC, addressed as follows:: Guadalupe Land Company 3000 Sand Hill Road Bldg. 4 - 135 Menlo Park, CA 94025 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 (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. 12.6 Authority to Sign. The parties executing this Lease on behalf of GLC and District represent that they have authority and power to sign this Lease on behalf of GLC and District, respectively. Attached hereto and incorporated herein are the resolutions authorizing execution of this lease by their respective Boards of Directors. 12.7 Conflict of Laws. This Lease shall be governed by and construed pursuant to the laws of the State of California. 12.8 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. 12.9 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 5 deemed a waiver of or in any way affect,the right of GLC or District to insist upon the performance by District or GLC in accordance with said terms. 12.10 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. 12.11 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. 12.12 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. 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 all other provisions shall remain in full force and effect. 1/I II! !1! U/ I/1 lil !!i lIi 6 GLC AND DISTRICT,by their execution below, indicate their consent to the terms of this Lease and Management Agreement. For GLC: GUADALUPE LAND COMPANY, a California corporation "- 6 By: K Audrey RutWresident Date: For 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 APPROVED AS TO FORM: By: Susan M. Schectman, General Counsel APPROVED AND ACCEPTED: By: L. Craig Britton, General Manager Date: ATTEST: By: Peggy Coats,District Clerk Date: 7 File No. 99007497-005- DG SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the Unincorporated Area, County of Santa Clara, State of California, described as follows: PARCEL ONE: Beginning at a point in the center of the Arroyo Seco near the Enriquita Mine, and running thence South 1/4' West 33.00 chains to the Northeast corner of land owned now or formerly by Hahn; thence along the Northerly line of said Hahn's Land due West 20.00 chains to a post from which a black oak tree 2 feet in diameter and marked B.No. 1, bears North 22 3/40 East 1.50 chains distant, thence North 15 3/4' West 7.60 chains to a sycamore tree,marked with a cross;thence North 1/4° West 7.00 chains to a bunch of baytrees; thence North 3 1/21 East 10.30 chains to a pile of stones on top of ridge; thence North 731 East 11.00 chains to a small spice wood tree marked 82 on top of a ridge;thence North 48'East 12.10 chains to a sycamore stump standing on the South bank of said Arroyo Seco; thence along the center of said Arroyo Seco North 84 1/2'East 8.55 chains and South 43 1/4'East 7.90 chains to the point of beginning. Excepting therefrom the Northeast 10.10 acre thereof as conveyed to the Santa Clara Valley Water Conservation District by deed dated September 10, 1936 and recorded November 18, 1936 in Book 799 Official Records, page 79, Santa Clara County Records,being more particularly described as follows: Beginning at a point on the Southwesterly line of the Rancho de los Capitancillos at the common comer to that certain piece or parcel of land heretofore conveyed by Edward Archibald to Robert Archibald by deed dated March 26, 1921, and recorded in Volume 529 of Deeds,page 523,Records of Santa-.Clara, California and the hereinafter mentioned lands of Charlotte E. Horrigan and running thence alongthe line dividing said lands of Archibald from said lands of Horrigan South 24' 00'West 415.41 feet;thence Ieaving last said line and running the following courses and distances,to wit: North 57'42` West 38.09 feet, North 540 50` West 212.34 feet,North 71 10' West 101.49 feet, North 19' 16'East 79.62 feet,North 121 11' West 89.78 feet,North 40°48' West 185.98 feet,North 71°47' West 104.77 feet, South.;0$°35' West 113.57 feet, South 800 30' West 93.71 feet,North 800 33'West 74.27 feet,North 420 43'West 150.44 feet,North 29°23'West 46.68 feet and North 33'28'West 29.31 feet,to the line divid ng said lands of Horrigan from that certain place or parcel of land heretofore conveyed by the Estate of Frank E. Wyman to A. B. Wyman by deed dated September 19, 1931, and recorded in Volume 588 of Official Records, page 23, Records of Santa Clara County, California; thence along said dividing line North 30' IT East 364.59 feet to the said Southwesterly line of the Rancho de los Capitancillos; thence along last said line, said line being the line dividing said lands of Horrigan from the lands of Mary Lord Sexton, the following courses and distances,to wit: South 74015'East 175.00 feet,North 70'30'East 125.40 feet, South 62' 59'East 303.41 feet, South 37' 00`East 330.00 feet and South 16° 00'East 56.00 feet to the point of beginning. EXHIBIT Page ., l of 3 File No. 99007497-005- DG PARCEL ONE A: N An easement for ingress and egress purposes over that portion of land described in the Judgement, Case No. 248765 Superior Court, County of Santa Clara, State of California and filed for record in the office of the Recorder of the County of Santa Clara on June 21, 1976 in Book C 95 at page 8 of Official Records and being more particularly described as follows: Said right-of-way is 40 feet in width, 20 feet on each side of the center line and which center line is described as follows: Beginning at a point 644.43 ft. N 19' 25' 20" E of the Southeast corner of the land of North as shown on Record of Survey Map filed in Map Book 268,page 55 recorded June 5, 1970,in the Official Records of the County of Santa CIara, State of California,which said point is on the agreed upon common boundary line between the land of John R.North and Martha North and the lands of Herman R.Anderson and Beulah B. Anderson,Neil F.Parks, and Frank M. Machado and Marian L. Machado as described in that certain Boundary Line Agreement between the parties hereto dated August 15, 1973 and recorded February 5, 1974 as Book 0751, page 743 of the Official Records of the County of Santa Clara, State of California, and thence over the lands of the parties hereto along the following courses and distances: N 820 18' 19" W 7.54 ft., N 250 10' 33" W 37.31 ft., N 540 24' 12" E 59.24 ft. to a point on the common boundary line which is 718.01 ft. N 191 25' 20" from the point of beginning thence; N 540 24' 12" E 29.48 ft., N 860 20' 37" E 117.80 ft., S 580 19' 51" E 109.32ft., N 070 46' 16" W 174.97 ft., N 400 22' 30" W 71.16 ft., N 690 10' 39" W 89.42 ft.,to a point on the common boundary line which is 958.76 ft. N 190 25' 20" from the point of beginning thence; N 690 10' 39" W 37.56 ft., N 560 12'41" E 63.14 ft. to a point on the common boundary line which is 1010.25 ft. N 191 25'20" from the point of beginning thence; N56012' 41" E3.95ft., N 730 48' 43" E 71.31 ft., N 480 47'30" E 156.64 ft., N 000 42'40" E 112.01 ft., N52027' 30" E181.09ft., N 02° 21' W 88.44 ft., EXHIBIT ,► Page _Z of-. — File No. 99007497-00r- DG ' N 300 05' W 125.00 1.. snore or less to the centerline of Hicks Road as built. . The side lines paralleling the above described centerline shall be extended or shortened as required at t1 point of beginning of the above described centerline and at each change in course of the said centerline of order that each side lire shall intersect adjacent property boundaries and shall form a continuous, unbroken line. Excepting therefrom all that portion of land lying within the bounds of Parcel One herein above described. PARCEL TWO: Beginning at the Northeast comer of that 209 acre tract of land described in the deed to D. H. Hahn dated and recorded August 23, 1867 Book W of Deeds,page 404 Santa CIara County Records; thence N. 200 E. 127.38 feet to the most Northerly corner of that 31.78 acre tract of land described secondly in the deed to D. H. Hahn,recorded March 16, 1868 Book "W"of Deeds,page 635; thence South along the Easterly line of said 31.78 acre tract 2759.46 feet to the Southeast corner thereof, thence West along the Southerly line of said'31.78 acre tract 1003.86 feet to the Southwest corner thereof at the Southeast corner of said 209 acre tract, said point also being the Northeasterly corner of that 158.94 acre tract described firstly in the deed to D. H. Hahn, recorded March 16, 1868 in Book W of Deeds, page 635; thence North 2639.76 feet to the Northerly line of said 209 acre tract, and thence East along said line 960.29 feet to the point of beginning and being a portion of Pueblo Tract No. 3 San Jose City Lands. �Ir'e Note but vill not insure the following: PARCEL TWO A: An existffig roadway in use on August 16, 1967. PARCEL TWO B: Any rights creased in docu7.-nt executed by Jacob Andrew Cramer, recorded Apli1 18, 1966 in Boo" 7349 Of icial Records, page 450. PARCEL THREE: All of Parcel B as shown upon that certain Lot Line Adjustment Parcel Map recorded �iay 10, 1982 in Book 500 of lviaps, pages 9 and 10. ARB No: 575-11-004; 575-12-001, 002.02 APN No: 575-11-004; 575-12-001; 575-12-013 r: fHlglT ig Page 3 of 3_,_ Rt�glonal *ce R-99-150 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-28 November 17, 1999 AGENDA ITEM 2 AGENDA ITEM Proposed Approval of a Settlement and Release Agreement in the Matter of Midp ninsula Regional QMn Space District v Ireland, Case No. 772320 GENERAL COUNSEL'S RECOMMENDATIONS 1. Determine that the recommended action is categorically exempt from the California Environmental Quality Act. 2. Approve the attached Settlement and Release Agreement in the matter of Midpgninsula Regional Oren Snare District v. Ireland. DISCUSSION At your meeting of November 30, 1994, you approved an amendment to exchange real property interests with Mr. T. W. Ireland (see reports R-94-110 and R-94-119). Mr. Ireland owns a residential property at 15294 Kennedy Road, Los Gatos. His property is located adjacent to and immediately south and west of the Kennedy Road entrance to the Sierra Azul Open Space Preserve (see Exhibit A - Location Map). The exchange of land gave the District a portion of an attractive hillside next to the preserve entrance in exchange for granting Mr. Ireland a relatively flat and inaccessible portion of the District's land abutting a proposed recreational area of his parcel. The District also received a conservation easement and open space easement covering Mr. Ireland's lands lying easterly of his driveway. The conservation easement located adjacent to the driveway restricts land use to private recreational facilities and the open space easement over the most easterly portion of his parcel, approximately 20 feet in width, must be left in its natural state with the exception of fire protection activities. Since that time, Mr. Ireland has constructed various recreational facilities on the conservation easement, including a volleyball court, bocci ball court and tennis court. The District has had some difficulty in monitoring and enforcing the conservation easement terms, which provided that Mr. Ireland was to obtain the District's design review and approval before constructing improvements in the conservation easement. After construction of the facilities, District staff did have an opportunity to review and approve the plans. Thereafter, it was discovered that a gazebo encroached into the open space easement area where no structures are permitted and negotiations for its removal ensued. These discussions were unsuccessful and the Board authorized legal counsel to file a lawsuit seeking to enforce the terms of the open space and conservation easement and to have the encroachment removed. 110 Disiel Cncle « I os Altos, CA 94022-1404 Phone: 650 691 1200 I.AX:h 50 01)f 0485 - I-mail: Web site: www.op<n�pace.org �� Ho,I/d of P/Ife clor, Pet SwfIwil II C. 1).ivey,Wit Cyr, Deane Little, '�onettc 1lanko, Betsy(im%tic r,Keniif>th t .(;rnerdl,tilan�r;rr_ t r,n„ iriitru� R99-150 Page 2 The District filed a lawsuit seeking to have the encroachment removed. Since that time, attorneys for the parties have had numerous settlement discussions and site visits to try to come up with a mutually acceptable solution that would have a net gain in benefit for the District and its constituents, and avoid the cost and time of litigation over a rather small encroachment (approximately 3 feet, not counting the overhang of about 5 feet). Staff and Norm Matteoni, the attorney for Mr. Ireland, have reached a proposed settlement agreement which has been signed by Mr. Ireland and is before the Board tonight for approval. The terms of the agreement are as follows: 1. The gazebo may remain in its current location. 2. Mr. Ireland will grant to the District an additional open space easement over a portion of the northernmost area of his parcel currently within the conservation easement and approximately 6,400 square feet in area (see Exhibit B - Project Map). The new open space easement is labeled "Area 1" on Exhibit B. The new open space easement area will remain in its natural undisturbed condition and fire protection measures such as discing are prohibited. 3. The District will change a 15-foot strip of the current open space easement where the gazebo is located to a conservation easement, consisting of approximately 2,700 square feet. The new conservation easement is labeled "Area 2" on Exhibit B. All terms of the existing conservation easement will apply to this new area, except that no new structures may be built in the fifteen foot strip. It may be landscaped and disced for fire prevention and the existing fence may be moved within that area. 4. The remaining open space easement to the east of the 15-foot strip may no longer be disced for fire protection purposes. 5. The cost of the boundary survey required for this exchange is to be shared equally, up to a maximum contribution of$1,000.00 from Mr. Ireland. It is not expected that the survey costs will exceed $2,000.00. The end result will be that the gazebo will remain in its current location in exchange for a 2.4:1 exchange of easements in favor of the District. It is staff's feeling that this result is a favorable one for the District and that the District will receive a benefit in the form of the new open space easement that compensates for the minor gazebo encroachment. Therefore, staff recommends approval of the attached Settlement Agreement and Mutual Release (see Exhibit Q. DESCRIPTION Qnen Space Easement to be Acauired by District - Area 1 The approximate 6,400 square foot area to be converted from conservation easement to open space easement is located adjacent to and on the south side of the District's small parking area and trailhead. It is comprised of a highly visible gentle hillside that serves as a scenic backdrop to the entrance of the open space preserve. The hillside is a mixture of scrub oak and grassland R99-150 Page 3 and its protection is important in terms of preserving the natural character of the public trail corridor. Currently, as part of Mr. Irelands conservation easement, which allows for minor alterations such as pathways and landscaping, the area could be altered in such a way as to seriously detract for its natural condition. Changing this area to an open space easement will ensure its protection and continued enjoyment by the public. Conservation Easement to be Acquired by Ireland - Area 2 The approximate 2,700 square foot area to be converted from open space easement to conservation easement is a 15-foot wide elongated strip of land that crosses over the top of a hill in the north-south direction. It is largely open grassland with some encroaching brush. An iron fence is aligned on the west side of the strip and the gazebo is situated at the top of the hill. Under the conditions of the new conservation easement, structures other than the gazebo are not permitted in the strip but a fence and landscaping may be constructed. If the fence is relocated it will not be highly visible from the adjacent public trail due to the slope of the hill that obstructs the view. In addition, the discing that was previously permitted in the adjacent open space easement to the east of the gazebo will no longer be permitted. CEQA COMPLIANCE Project Description The project consists of the approval of granting an approximately 2,700 square foot conservation easement over an area previously designated as an open space easement, including the approval of the existing gazebo in its present location. The project includes the grant to the District of a new open space easement of approximately 6,400 square feet over an area previously designated as a conservation easement. Neither of the affected areas have been dedicated. Dedication will occur the next time the Board reviews its annual Dedication Report. The new open space easement (Area 1) will remain in its current natural, and undisturbed condition. The new conservation easement (Area 2) will also have no new construction, although it may be landscaped and fenced. CEQA Determination The District concludes that the project will not have a significant effect on the environment. The project is categorically exempt from the California Environmental Quality Act under Sections 153011 15304, and 15317 of the CEQA Guidelines. Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Fencing and landscaping are the only new improvements permitted in the Area 2, the new conservation easement area. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, and scenic trees. New gardening and landscaping is permitted under this exemption. There are no trees within the 15- foot wide strip of conservation easement. R99-150 Page 4 ' the open s Section 1531'7 exempts the acceptance of easements in order order to maintain pe pace character of an area. The acceptance of the grant of an open space easement over Area 1 will maintain the current open space character of the area. PUBLIC NOTIFICATION Adjacent property owners have been notified. Prepared by: Susan Schectman, General Counsel Del Woods, Senior Acquisition Planner Contact person: Susan Schectman, General Counsel SIERRA46ZUL OPEN SPACE P&ESERVE MIDPENIN ULA REGIONAL OPEN SPACE DISTRICT IN yIWOPO ® `I (SAoi) IRELAND •: Area 2: Expanded i . . •:�•. '.A'rEa:1::'.fzpaY►.iled PROPERTYI:;Open Space Faseinerq# Conservation Easement GAZEBO L " POOL / A. / 2 / x GAZEBO / a VOLLEYBALL HOME COURT / SITE 4Q CONSERVATION EASEMENT / / / GAZEBO / O TENNIS BO,CCI,BAL COURT OURT COURT &'HORSE SHOE PIT v� of SIERRA AZUL OPEN SPACE PRESERVE EXHIBIT B: PROJECT MAP SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District Towp of LOS GATOS keh� ON ' ed ,Road c t NOVIT IATE'I ARK PROPOSED EASEMENT i(T,�cvn-o Los G<lt��> EXCHANGE •' o ST. JOSEPH'S HILL -;OPEN,SPACE,PRESERVE l 1 - �(SIU21 .34.1 c O.xo�„�o o. lase)h's 0.2 10.z Hill 1/ F- V o.z ooi 0.2 0.9 0.5 03) -., -- T 2000 ®�(SA21) LEXINGTON pries 2200 t♦ ~COUNTY 7•0 l'Po -- (SA231 C,� - 2400� PARK Trdi/ frail 2400 Pries" 1.0 2600 1.6 Cm 2800 � f lsnza, � Trai! S EXHIBIT A: LOCATION MAP EXHIBIT B MR05D PROPERTY L3 ' Area 1 � Area 1 Boundary from fence) !g Existing fence �_.. Area 2 i MR05D CON5ERVATION +� ;0 4� PROPERTY or EA5EMENT ,� ,''"� c �v �6 J �v North Not to Scale (scale approximately 1"= (050) CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SEC. 27281 This is to certify that the interest in real property conveyed by the foregoing deed, grant or other instrument dated October 31, 1994 T. W. Ireland , from to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, is hereby accepted by the undersigned on behalf of the District pursuant to authority conferred by resolution of the Board of Directors of the Midpeninsula Regional Open Space District bearing No. 94-42 , adopted on November 30 199,4 and said District consents to recordation thereof. Dated November 30 94 , 19 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT President, Board of Directors A ATTEST: '4C( 4D,isierk EXHIEIT Page 10-of-LOL s 8oro2'p2"w. _ g�GlNNING Opp f^ _ _-n�"""pp►N 753"__E 2G.G0. SCALE: %••�• ':L 2 EXISTING i• �, PROPERTY LINE �� .•. IRELAND �� • . •.: ` M.R.O.S.D. PROPERTY o •� PROPERTY Qo� ry ry m•�h •� .'.•.• • MIDPENINSULA -CONSERV►4TiON REgONAL OPEN .`PROPERTY •: SPACE DISTRICT :•: :Y - `6 PEN SPACE � �,`�•�, :•: :•'•=;Y, .1 PROPERTY ���,�••� O 1g'1 9 �� No. Direction Length 1 S14' 17 '22'E 51 .68 ' 2 S 1 '39101 'E 5.53 ' 3 S 75'32 '48'E 168. 77 , i 4 S53' 15 '47'E 46 .32 ' i` 5 S20'00 '00'W 169.97 ' i' 6 S73.54 '32'w 73.80 , i 7 S11 '30 '00'W 88.26 ' 8 S41 ' 10100'W 64 .57 ' � �•- 9 N50'03 '44'W 130. 00 , 10 N50003 '44'W' 44 .69' 1 - 11 S50'29 '04'W 54 . 04 ' ! 12 N40'40'50'W 41 .87' 13 N00'05'27'E 241 . 07' I 14 N44'59'43-E 20 .55' j 15 N57. 01 '53'E 118. 08 , 16 N80' 02102'E 65.62 ' Pap" -F,,iif 10 PLAT OF ALLIED ENGINEERING COKPANY DATE: Oct 25, 94 REVISED IRELAND PROPERTY A �°" Cr jK� COK4UUwC �EVM. W. ax rm am °ra"�•UP4-rORS AND LAND MAV4�M pwG BY: 317070 *Ul'44 ftAD yW •1M CA 93117 TOWN OF LOS GATOS. CALIF. (406) 241_1960 CHx: JOB NO.. W Consent not to be Unreasonably Withheld. In the event Grantor, as required by the terms hereof, seeks consent of Grantee, Grantee agrees in all such circumstances not to unreasonably withhold its consent, regardless whether the paragraph hereunder requiring grantee's consent so provides. TO HAVE AND TO HOLD unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, Grantor has set its hand on the day and year first written above. "GRA I TTOR" T. W. IRELAND, Trust By: T• W. Ireland Date: State of California County of _$/I�a On r�1311 q� before me U/216e f n personally a G /UPS Noy fwl, P y ppeared T. W. Ireland Trustee personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged.to me that, he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. - Signature 21V &�2zejki_" 8 EXHlE1T • PamTao'f10 Grantee to effect the purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that .vould render the provision valid shall be favored over any interpretation that would render it invalid. This instrument shall be construed in accordance with its fair meaning and it shall not be construed against either party on the basis that such party prepared this instrument. (c) Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Easement can still be carried out. (d) No Thud Party Rights. This instrument is made and entered into for the sole benefit and protection of Grantor and Grantee and their respective successors and assigns. No person or entity other than the parties hereto and their respective successors and assigns shall have any right of action under this Easement or any right to enforce the terms and provisions hereof. (e) No Forfeiture. Nothina contained herein is intended to result in a forfeiture or reversion of Grantor's fee title in any respect. Grantor specifically reserves the right to convey fee title to the Conservation and Open Space Properties subject to this Easement. (f) Succ__ esso_rs. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Conservation Property. (g) Termination of Rights and Obli ations. Except as expressly provided otherwise in this instrument, a party's rights and obligations under this Easement shall terminate upon the transfer of the party's interest in.this Easement or the fee title to the Conservation and Open Space Properties, as the case may be, except that rights, obligations, and liability relating to acts or omissions occurring prior to transfer shall survive transfer. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (i) Counter arts, Grantor may execute this instrument in two or more counterparts,; each counterpart shall be deemed an.original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 7 E MIBIT :A " page : :R employees. The duty of Grantor to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantor waives any and all rights to any type of express or implied indemnity or right of contribution from INvIROSI), its Officers, agents or employees, from any liability 0 p , ty resulting from, growing out of, or in any way connected with or incident to this Easement. c' 0 10. Subsequent Conveyance of the Conservation and O___ C—ace Properties. Granto r shall incorporate by reference hereto the terms of this Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Conservation or Open Space Properties, including, without limitation, a leasehold interest. Grantor shall give written notice to Grantee of the transfer of any interest in the Conservation or Open Space Properties at least 20 days prior to the date of such transfer. Grantor shall provide a complete copy of this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way.* 11. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: T. W. Ireland 15294 Kennedy Road Los Gatos, CA 95032 (408)356-2790 To Grantee: Nfidpeninsula regional Open Space District 330 Distel Circle Los Altos, CA 94099 Attn: L. Craig Britton General Manager (415) 691-1200 or to such other address as either party from time to time shall designate by written notice to the other. 12. Recordation. This instrument shall be recorded by Grantee in the Official Records of Santa Clara County, California. Grantee may re-record this Easement 0 whenever re-recording is required to preserve Grantee's rights in this Easement. 13. General Pro;j,. (a) Controll t2WA�Law- The interpretation and performance of this Easement shall be gove-tned by the laws of the State of California. (b) Liberal Con_gnrH--. Any general rule of construction to the contrary notwithstanding this Easement shall be liberally construed in favor of 6 EXHIBIT pa -4t-pt, /0— is conducting or allolvino, a use, activity, or condition on the Conservation or Open Space Properties which is prohibited by the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation, and, where the violation involves injury to the Conservation or Open Space Properties resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Conservation or Open Space Properties so injured. 7.1 Consultation-, EPO-reLn- Interpretation and Enforcement of Easement. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resortinc, to le-al action. 7.2 Costs of Enforcement. In the event any action or proceeding is brought by either Grantor or Grantee to enforce or to interpret the terms of this Easement, the prevailing party in such action or proceeding shall be entitled to recover its attorney's fees and costs of suit. 7.3 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 7.4 Acts Bevond the Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Conservation or Open Space Properties resulting from causes not involving any affirmative acts by Grantor, or causes beyond Grantor's control, including without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Conservation or Open Space Properties resulting from such causes. 8. Access. No right of access by the general public to any portion of the Conservation or Open Space Properties is conveyed or granted by this Easement. 9. Costs and Responsibilities 12on'sibilities. Grantor shall have the responsibility for the ownership, operation, upkeep, and maintenance of the Conservation and Open Space Properties. Grantor shall be responsible for, indemnify and save harmless A/lIDPENINSTUIA REGIONAL OPEN SPACE DISTRICT (TNIROSD), its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Easement, except for active negligence of NIROSD, its officers, agents, or 5 EXHIBIT 19 Page s off protect agricultural or horticultural plant life. Without limiting the generalityCr of the forgoing, Grantor shall be permitted to trap and kill rodents, P . 0 vermin and other similar small animals which threaten any existingo or 0 authorized structure, or any agricultural or horticultural area in the Conservation Property. W Excavation. Major alteration of land forms by grading or excavation of topsoil, earth, or rock. Provided however" grading or excavation necessary or appropriate to construct improvements authorized hereunder shall be permitted. 5. Reserved Rights. Grantor reserves unto itself and to its successors and assigns the following rights relating to the Conservation Property: (a) Private To place or construct private recreation facilities, including 'ncludino, a tennis court, a volleyball court, a horseshoe court, a bocce ball court, and a gazebo. Buildings and sites shall be subject to written notification or approval by Grantee as provided in paragraph 5 herein. (b) ExistinO.,_Utilities. To upgrade, repair, maintain, and expand or enhance existing utility systems, including, without limitation, water, sewer, power, fuel, satellite communication systems, and communication lines and related facilities, without the requirement of undergroundin.g. (c) Recreational Uses. To engage in and permit others to engage in recreational uses of the Conservation Property which require no surface alteration or other development of the land. (d) Irrigation Facilities. To construct, install, use, operate, repair, maintain, expand, enhance and replace necessary facilities for irrigation, including pipes, pumps, utility lines, and small sheds to protect such facilities. (e) ftaci ing. To construct, repair, and maintain fencing and gates along the perimeter of the Conservation Property, the materials, style and location of which are subject to the approval of Grantee. Said approval shall not be unreasonably withheld. New fencing and 'gates may be constructed, repaired and maintained in areas other than along the perimeter of the Conservation Property, provided it is reasonably necessary to serve the-improvements and/ or to facilitate the uses authorized hereunder. 6. Grantee's N-tJFJ-gJ or Ap roval. Grantor grants to Grantee, in perpetuity, the right of design review and written approval (said approval not to be unreasonably withheld) of any improvements planned by Grantor, his heirs, successors, and assigns, for the Conservation Property. 7. Disputes and Rem--I-*--. If Grantee determines that Grantor, or Grantor's successors in interest, or any occupant of the Conservation or Open Space Properties 4 EXHIBIT.... Page_..off anv buildings, structures, or other improvements of anv kind other than those permitted in paragraphs 5 and 6. (d) Soil Erosion or De-grada-tion. Any use or activity which causes or is likely to cause significant soil degradation or erosion or significant pollution of any surface or subsurface waters. This prohibition shall not apply to the use of a-richemicals such as fertilizers, pesticides, herbicides, and fungicides which are used in accordance with law and USDA, manufacturer's, and the County Agricultural Commissioner's regulations, directions, .and policies, or those of their successors. (e) Tree Cuttines. The cutting down, or other destruction or removal, of live trees, except (i) when required for safety or fire protection, or (ii) when necessary for the use, enjoyment or construction of any of the improvements existing on the date hereof, or authorized to be constructed hereunder. (f) Noise Limits. No activities such as concerts shall be permitted on the property which produce noise levels in excess of 65 decibels as measured on the trails surrounding the property. Landscape equipment such as tractors, chainsa-�vs and leaf blowers are specifically excluded from this provision. Archeological 'RPqniirrPz The excavation, removal, destruction, or sale of any archeological artifacts or remains found on the property, except as part of an investigation ation approved by Grantee. All excavation plans 0 0 shall be reviewed by an archeologist prior to the start of, and during, the excavation. (h) Dumping. The dumpinc, or other disposal of wastes, refuse, or debris on the Conservation Property, except for organic material which is generated by landscaping and gardeningO activities permitted herein or used for fertilizer or erosion control, provided that any such dumping or disposal of organic materials shall be in accordance with applicable law. W Grazes- Grazino, at a level which would cause significant erosion or cause barren areas. (j) IMineral Rights. The exploration for, or development and extraction of, minerals, geothermal resources and hydrocarbons by any. surface mining method or any other method that would impair or interfere with the 0 conservation values of the Conservation Property. (k) Off Road Vehicles. Use of off-road or all-terrain vehicles or motorcycles. No recreational use of off-road vehicles is permitted. (1) Hunting—o—rShooting. Hunting or trapping of wildlife, or the shooting of guns, except that predators attackingo domestic animals may be shot, and except such trapping or relocating of wildlife as is necessary or appropriate to 3 EXHIBIT R Page—Z—Of-LO-4 hereby -rants to Grantee the right: (a) To preserve and protect the conservation values of the Conservation and Open Space Properties; and (b) To enter upon the Conservation and Open Space Properties at reasonable times in order to monitor the compliance by Grantor or Grantor's successors in interest with the terms of this Easement and to enforce such terms; provided, that such entry shall be upon reasonable prior written notice to Grantor and to occupants of the Conservation and Open Space Properties, and provided that Grantee shall not unreasonably interfere with the use and quiet enjoyment of the Conservation and Open Space Properties by the Grantor or by its successors in interest or by any occupants of the Conservation and Open Space Properties; and (c) Pursuant to Paragraph 7 hereof (Disputes and Remedies), to prevent any activity on or use of the Conservation or Open Space Properties which are � inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation and Open Space Properties that may be damaged by any inconsistent activity or use. 3. Prohibited Uses - Open Space Property. Any activity on or use of the Open Space Property other than as natural, undisturbed land, is prohibited, except that a 20' strip along the westerly border may be kept clear of weeds and vegetative growth by discing as a fire prevention measure. 4. Prohibited Uses - Conservation Property. Any activity on or use of the Conservation Property which is inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses of the Conservation Property are declared to be inconsistent with the purposes of this Easement and are therefore expressly prohibited: (a) Subdivision. The legal or defacto subdivision of the Conservation Property for any purpose. Lot line adjustments shall be considered a subdivision and are subject to the written approval of Grantee. Any land transferred by lot line adjustments shall remain subject to the terms of this Easement. Neither owning the property as undivided interests, nor the creation of a life or future"estate, nor ownership all or in-part by any corporation, partnership, trust or other entity is a subdivision under the terms of this easement. M Commercial or Industrial Use. Any commercial or industrial use-of, or activity on the Conservation Property, includingo but not limited to, commercial-agriculture, other than those uses or activities relating to home occupation as permitted under paragraph 5. (c) -Building The placement or construction on the Conservation Property of 2 EMBff A f M__ PEA % 12767229 a dc-cument has 'FILED FOR RECORD D r__;__ 1hi not been comparad m'-- the, or:ginal. AT REQUEST OF SMTA CLARA COUNTY RECORDER Recorded at the request of and when recorded return to: 95Xi -5 A ? 10: 48 Nlidpeninsula Regional OFFIC!,,�L 1,ZIECORDS Re gional Open Space District SANTA CLN DA A-R D A YIS A COUNTY BRE 330 Distel Circle RECORDE2 Los Altos, CA 94022 Attn: L. Craig Britton General N—lanag0er N GRANT OF CONSERVATION AND OPEN SPA.CE EASEMENT WHEREAS, T. IV. IRELAND as Trustee under an Agreement of 0 Revocable Trust dated September 8, 1992, hereinafter called "Grantor," is the owner of that certain real property, hereinafter called "Property," located at 15294 Kennedy Road in the Town of Los Gatos, County of Santa Clara, State of California, and more particularly described as Assessor Parcel Numbers 537-15-016 and 537-15-017; and WHEREAS, T'vffDPENE\SULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter called "Grantee was formed by voter initiative to solicit, -,-7: receive, and hold conveyances of real property and partial interests in real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic i and open space purposes; and WHEREAS, Grantor desires to Limit his, his heirs, successors' and assigns' rights to use that C'. portion of the Property lying easterly of the driveway in partial compensation for an Exchange of Fee Title Interests in Real Property with Grantee; NOW, THEREFORE, in consideration of the above and for a valuable consideration, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of California, Grantor hereby grants to Grantee '(1) a Conservation Easement in perpetuity over that portion of the Property lying easterly of the driveway and westerly of a line bearing N 22*51'10" E (as extended in a southerly direction), hereinafter called "Conservation Property" (as shown on Exhibit "A", attached hereto and incorporated herein), and (2) an Open Space Easement in perpetuity over that portion of the property lying easterly of a line bearing N 22*51'10" E, hereinafter called "Open Space Property" (as shown on Exhibit "A", attached hereto and incorporated herein), subject to the following terms and provisions: 1. Purpose. The purpose of this Easement is to assure that the Conservation Property will be retained in perpetuity as private recreational land, and the Open Space Property as scenic open land. 2. Rights of Grantee. To accomplish the purposes of this Easement, Grantor EXHIBIT ja Page—i—OUQ— IN WITNESS WHEREOF, the undersigned do hereby and fully execute this Agreement on the date first written above. DISTRICT IRELAND Midpeninsula Regional Open Space District, T. W. Ireland individually and as Trustee a public district Under Agreement of Revocable Trust, dated September 8, 1982 Approved as to Form: Approved as to Form: By: 4-�.�t lny 4 Susan M. Schectman, By: General Counsel 4Nrman E. Ma ni Attorney for Ireland Recomm ded •Approval: /0 �Z C Date: By: Approved and Accepted: L. Craig Britton, General Manager Approved and Accepted: B . T.W. Ireland, individually and as Trustee By: Jed Cyr Date: ,9" President, Board of Directors Attest: By: Peggy Coats, District Clerk Date: Page 7 N. Warranty of Authority. District and Ireland agree, represent and warrant that they have the sole rights and exclusive authority to execute this Agreement and receive the consideration therefore, and that neither District nor Ireland has sold, assigned, transferred, conveyed or purported to sell, assign, transfer, or convey or otherwise dispose of any claim, demand, cause of action or any other right relating to any matter covered by this Agreement, or referred to directly or indirectly in said Action. O. Attorneys Fees Provision. District and Ireland understand and agree that in the event suit is brought to enforce or interpret any part of this Agreement, the prevailing parry shall be entitled to recover attorneys'fees to be fixed by the court. P. Successors. District and Ireland expressly covenant that this Agreement shall inure to the benefit of and be binding upon their respective heirs, spouse, administrators, representatives, successors, transferees and assigns. Q. Covenant of Cooperation. District and Ireland, on behalf of themselves, their agents, employees, attorneys and representatives, agree to promptly execute any and all documents to effectuate the terms, conditions, purposes, and aims of this Agreement. R. Warranty of Execution. District and Ireland represent and warrant that each person whose signature appears hereon has been duly authorized and has the full authority to execute this Agreement on behalf of that person, persons or entity who is a party to this Agreement. S. Executed Copies. An executed duplicate of this Agreement shall be deemed an original for all purposes. This Agreement may be executed in one or more counterparts. A copy shall be deemed an original for all purposes. lII IlI IlJ Page 6 This release shall not be interpreted to and does not restrain or in any manner affect any ability of the District to preserve any available legal remedy to enforce the terms of the Amended Conservation and Open Space Easement in the future due to a violation of the terms of the Easement other than the conduct which is the subject of this Settlement Agreement. G. No Admission of Liability. The parties acknowledge that the execution of this Agreement and the dismissal of the Action do not constitute an admission or confession of any liability or obligation by the person or entities released herein concerning any claim, charge, cause of action, assertion, contention and/or demand made in the Action or which could have been made in the Action. Both parties specifically deny any liability for any and all claims or causes of action referred to herein. H. Representation by Counsel. The parties warrant that they are both represented by counsel which represent them with respect to this Agreement and all matters covered by it and in said Action. The parties further warrant that they have been fully advised by their attorneys with respect to their rights and obligations and with respect to the execution of this Agreement, and the parties hereby authorize and direct their attorneys to execute any and all documents to take such other and further action as may be necessary or appropriate to implement and complete this Agreement. I. Invalidity of Provision. In case any provision of this Agreement shall in any respect be declared invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or condition of this Agreement and this Agreement shall be interpreted as though such illegal, unenforceable or invalid term or condition is not a part thereof. I Modification. This Agreement may be altered or modified only by an agreement in writing signed by all parties. K. Merger. This Agreement contains the entire agreement of the parties and supersedes any and all prior contemporaneous agreements or understandings, written and/or oral. L. Titles. Titles of various paragraphs of this Agreement are used for the convenience of reference only and are not intended to and shall not in any way enlarge or diminish the rights or obligations of the parties or affect the meaning or construction of this document. M. Applicable Law. This Agreement shall be construed and enforced pursuant to the laws of the State of California. Page 5 Easement in the future due to a violation of the terms of the Easement other than the conduct which is the subject of this Settlement Agreement. C. Attorneys, Fees And Costs. Ireland and District agree that each shall bear his or its own respective costs and attorneys'fees incurred as a result of the Action or the prosecution or defense of the Action, and further understand that this Agreement releases each party from any and all claims of the other for costs, expenses, and attorneys'fees, taxable or otherwise, incurred by them in or arising out of the Action. D. Mutual Covenant Not to Sue. The parties for themselves, their agents, employees, successors, insurers, officers, representatives, assigns, and attorneys agree not to sue each other or any of their agents, employees, attorneys, representatives, officers, elected or appointed officials, or representatives of any kind or in any capacity for or on account of any claim, cause of action, or controversy arising from, in any way connected with, any act or omission which is alleged in the Action or which could have been alleged in the Action or in any amended complaint or defense thereto. This release shall not be interpreted to and does not restrain or in any manner affect any ability of the District to preserve any available legal remedy to enforce the terms of the Amended Conservation and Open Space Easement in the future due to a violation of the terms of the Easement other than the conduct which is the subject of this Settlement Agreement. E. Chamcirta Facts. It is understood and agreed by the District and Ireland and their agents, employees, officers, attorneys and representatives that this Agreement shall act as a full and complete release of any claims which the parties may have against each other and their agents, employees, representatives, officers, and elected officials with respect to the matters set forth in this Settlement Agreement notwithstanding any change or mistake of fact. F. Section 1542 Waiver of Future Damages. The parties understand that they may have claims or damages, greater than they presently believe of which they are unaware. This release is expressly intended to cover and include all such damages defects and discoveries relating to any facts, relationships or transactions which arise out of or are related in any way to the Action. With reference to the Action, the parties hereby expressly waive and relinquish all rights and benefits conferred to them pursuant to California Civil Code §1542 which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor. Page 4 R 6. District and the Ireland shall execute an Amended Grant of Conservation and Open Space Easement for conveyance of the Open Space Easement to be given to District, as described in Paragraph 2 above. The purpose of the easement shall be preservation of open space. 7. Prior to the initiation of any litigation arising out of the breach of, or failure to perform any term of this Agreement, the parties agree to mediation of all such disputes by a mutually agreed upon mediator. 8. It is agreed by the parties that in order to implement this Agreement, the parties will execute and approve of the following Subsequent Document within 30 days after execution of this Agreement: A. The Amended Open Space Easement and Conservation Easement as described in Paragraph 2 above. The parties agree that they will complete and execute the Subsequent Document in good faith, and that this Agreement is a binding agreement notwithstanding the fact that this Agreement contemplates the execution of the Subsequent Document. 9. General Provisions: A. Dismissal. Upon execution of this Agreement and of the Subsequent Documents by both parties, District shall promptly execute and file a Request for Dismissal with prejudice as to the Action. B. Mutual Release of Claims. The parties to this Agreement on behalf of themselves and their agents, employees, officers, representatives, successors, assigns, attorneys, if any, and each of them, separately and collectively hereby fully release and discharge each other and their agents, employees, representatives, attorneys, servants, successors, assigns, and elected and appointed officials, managers, and officers from any and all claims, causes of action, controversies, debts, damages,judgments, orders, or liabilities of whatever kind or nature, in law or in equity, known or unknown, that the parties have had in the past, now,have, or may have in the future against each other, arising from, in any way connected with, or related in any way to the Action, or any duty, defense, cross-complaint, obligation, claim, event, occurrence, act or omission which is alleged in the Action, or which could have been alleged by the parties in the Action or in any amended complaint or defense thereto. This release shall not be interpreted to and does not restrain or in any manner affect any ability of the District to preserve any available legal remedy to enforce the terms to the Amended Conservation and Open Space Page 3 District an Open Space Easement located in that area identified on attached Exhibit B as AREA 1. AREA 1 will consist of that land comprising the northernmost portion of the current conservation easement area and which starts two and one-half(2'/2) feet from the existing black metal fence and continues to the property line between the Ireland property and the adjacent District property which is part of the District's Sierra Azul Open Space Preserve. The District shall change the designation of AREA 2, as shown on Exhibit B, from an Open Space Easement to a Conservation Easement. AREA 2 is generally described as a strip fifteen feet wide easterly of and adjacent to the line shown as N 22, 51'10" E, a distance of approximately 180 feet from the intersection of that line with line L6 to the intersection of the extension of the southernmost line of the AREA 1. The parties general intent is to create an exchange of an open space easement approximately 6.400 square feet in area for a conservation easement approximately 2.700 square feet in area. The parties understand and agree that a land surveyor selected by the District shall promptly enter the real property to conduct a formal survey of the lines described in this Section 2, and write the appropriate legal description of the redesignation of these two areas for the Amended Easement. Appropriate monuments shall also be erected to indicate the end points of each new line. The Amended Easement shall be recorded. 3. District agrees that the gazebo which it alleges encroaches on to the Open Space Easement may remain in its present location, which will become a part of the Conservation Easement. All other terms and conditions of the existing Conservation Easement shall apply to AREA 2, which is predesignated as Conservation Easement, including the right to move the existing fence within that Conservation Easement. Ireland acknowledges that he shall not seek under Section 5(a) of the existing Conservation Easement to place any additional Private Recreational Facilities within Area 2; and District acknowledges that AREA 2 may be kept clear of weeds and vegetation by discing as a fire prevention measure and landscaped consistent with plantings within the existing Conservation Easement. No discing may occur in the remaining Open Space Easement area. District and Ireland agree that AREA 1,which is a newly designated Open Space Easement, shall remain in the condition in which it presently exists, i.e. existing vegetation shall remain the same, subject only to the natural processes of change. No parking area will be erected in AREA 1, nor shall it be excavated. All other terms of the Open Space Easement shall apply to this AREA 1. 4. The cost of the boundary survey to be performed according to this Agreement shall be borne as follows: Each party shall pay one-half of such costs, up to a maximum contribution from Ireland of$1,000.00. 5. Ireland and the District will cooperate in assuring that the conveyances required by this Agreement are done in compliance with local and state ordinances. Costs of recordation will be borne by the District. Page 2 SETTLEMENT AND GENERAL RELEASE AGREEMENT This Settlement and General Release Agreement (hereinafter referred to as "Agreement") is dated October , 1999 and is entered into by and between the Midpeninsula Regional Open Space District, a California public agency (hereafter "District") and T. W. IRELAND, individually and as Trustee Under Agreement of Revocable Trust, dated September 8, 1982 (hereafter "Ireland"). RECITALS This Agreement is made with reference to the following facts: A. There is now pending in the Superior Court of the State of California, County of Santa Clara, a legal action entitled Midyeninsula Regional Oxen Space District vs T. W. Ireland, individually as Trustee under Agreement of Revocable Trust, dated September 8. 1982. eta , Case No. 772320, (hereafter referred to as the "Action"). B. The Action generally concerns claims filed by the District to complete Ireland to abate an alleged encroachment by Ireland on lands on which Ireland granted District an Open Space Easement resulting from the construction of a gazebo and other matters referred to in the complaint. The District alleges violations of Grant of Conservation And Open Space Easement recorded January 5, 1995, document number 12767229, which relates to property owned by Ireland at 15294 Kennedy Road, Los Gatos, California (hereafter the "Real Property"). C. As a result of the Action and the claims described therein, disputes have arisen between Ireland and District with respect to the matters at issue in the Action. The parties to this Agreement have agreed to settle and resolve all past and present claims regarding these disputes so as to avoid the costs and burdens of litigation. There has been no admission or determination of fault or liability on the part of either party. NOW, THEREFORE, in consideration of the parties' execution of this Agreement and in consideration of the mutual covenants and agreements contained therein, the parties agree as follows: 1. In consideration of the following conditions and agreements District shall dismiss with prejudice the Action immediately after execution by both parties of this Agreement and the Subsequent Documents referred to in Section 8, which Subsequent Documents shall be approved and executed by both parties and the Action dismissed no later than 60 days following execution of this Agreement. 2. The Grant of Conservation and Open Space Easement, a copy of which is attached hereto as Exhibit A, shall be amended in the following respects: Ireland will convey to Page 1 Regional Open : . -ice R-99-142 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-27 November 17, 1999 AGENDA ITEM 3 AGENDA ITEM Proposed Addition of Mesenburg Property to the Mt.``Umunhum Area of the Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATnarecategorically 1. Determine that the recommended actions exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Mesenburg property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. DESCRIPTION (see attached man) The 114.97-acre Mesenburg property is located east of Los Gatos near the intersection of Hicks Road and Pheasant Road. The property encompasses a large portion of the Pheasant Creek watershed, making it a natural extension of the adjacent Sierra Azul Open Space Preserve (former Rancho de Guadalupe property). Access to this area is obtained from Wagner Road connecting to the property from Hicks Road. The property is highly visible from Hicks Road, a county scenic road, and trails located on the surrounding open space preserve and nearby Almaden Quicksilver County Park. A District trail leading to the preserve's pond lies within 300 feet of the eastern boundary of the property. This acquisition is most important in terms of protecting a pristine riparian corridor, valuable wildlife habitat, and scenic resources. The irregular-shaped Mesenburg property is bounded by District land to the south and east, and by private property to the north and west. Rugged, steep hillsides, dense forest, and oak woodlands dominate most of the property. Large stands of bay laurel are situated along the creeks and lower hillsides transitioning to oak woodland on the upper slopes. Two large tributaries of Pheasant Creek converge near the northeast boundary where the slopes are relatively gentle and a large canopy of mature sycamores and bay laurel shade the perennial creeks. The east branch of Pheasant Creek extends in the north-south direction and generally forms the east boundary of the property. The two tributaries are separated by a prominent 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton i R-99-142 Page 2 ridgeline that is densely wooded with the exception of a small grassy slope near the northeast boundary. This ridge and surrounding creek canyons comprise a large portion of the dramatic scenery viewed from the west side of the adjacent Rancho de Guadalupe property. Although mostly undeveloped, the property does have minor improvements that include roads, trails, water lines, and remnants of small structures. The property is accessed from Wagner Road, which is both a public and private road. The public and paved portion of the road ends approximately '/-mile north of the property where an unsurfaced easement continues to the property's northwest and southwest corners. The easement serves approximately three or four private residences, one of which is located to the west of the Mesenburg property and has an easement through the property's northwest corner. Another short easement is comprised of an overgrown path connecting the Wagner Road easement to the property's north boundary near the lower section of Pheasant Creek. The path connects to a nearly flat area where the two Pheasant Creek tributaries converge and where, at one time, a barn existed. Water lines originating in the Pheasant Creek tributaries serve adjacent private parcels. The property has been owned by the Mesenburg family since 1904. It was part of a larger holding of which portions lying to the west have been subsequently sold. A farmhouse once stood on an adjacent private property near the northwest corner, and a barn was located on the flat area where the two tributaries come together. Some of the gentler slopes on the property were used for growing fruit trees and cattle grazed the upper steep slopes. USE AND MANAGEMENT Planninia Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20- to 160-acre minimum lot size based upon a slope density formula. The property is comprised of two legal parcels and has a potential density of two residential sites. Residential development to the northernmost parcel would be relatively feasible due to close-in access and gentle terrain compared to the southwest parcel where access is extremely difficult due to steep and unstable hillsides. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property. R-99-142 Page 3 Signs: Install preserve boundary signs where appropriate. Name: Name the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 114.97-acre property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. R-99-142 Page 4 TERMS & CONDITIONS The purchase price of the 114.97 acre Mesenburg property is $520,000 which is payable in cash at the close of escrow. The property consists of two legal building sites with a value of approximately $260,000 per site or $4,523 per acre. This property had recently been listed at an asking price of$599,000. The purchase price is considered to be fair and reasonable based on current real estate activity in this market area. An Amendment to the Purchase Agreement is included for your approval extending the District's acceptance date to November 17, 1999. This extension was done to accommodate the public hearing meeting on November 10, 1999. BUDGET CONSIDERATIONS Fiscal Year1999l2000 Budget for Land Acquisition New Land Budgeted for Acquisition $20,000,000 Land Acquisitions Approved this year (7,097,170) POST (North) Acquisition proposed on this agenda (520,000) Acquisition Budget Remaining 12„382,8_n Controller M. Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve for protection of watershed, wildlife habitat, and scenic backdrop. PUBLIC NOTIFICATION Owners of privately owned property located adjacent to or surrounding the subject property have been notified of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF THE ESTATE OF MESENBURG) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement and Amendment to Purchase Agreement between the Estate of Harriet Edith Mesenburg and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes-the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$520,000.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. SIERRA AZUL OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Arnerich Road r' Fs mad_-_~ C I oasant Roaa r oaa �'�,---=�-`==•� eta ay MESENBURG PROPERTY Qr� �� +/- 115 ACRES 4 c / RANCHO DE cu GUADALUPE SIERRA AZUL OPEN SPACE (PRESERVE / I EXHIBIT A PURCHASE AGRFEMENT This Agreement is made and entered into by and between MILDRED GARTH, as Executrix of the Estate of HARRIET EDITH MFSENBURG, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, L-i consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred fourteen and ninety-seven hundredths (114.97) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 537-09-004 and 537-10-010. Said property is further described in the Legal Description attached to Preliminary Report number 98171545 from North American Title Company, a copy of said Preliminary Report 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. All of said real property and appurtenances shall hereinafter be called the "Subject Property" or the "Property" �` r F Purchase Agreement Page 2 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Five Hundred Twenty Thousand and No/100 Dollars ($520,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 12 herein, an escrow shall be opened at North American Title Company, 497 Santa Cruz Avenue, Los Gatos, CA 95030 (408) 395-9008 (Escrow number 98171545) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before December 17, 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. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Five Hundred Nineteen Thousand and No/100 Dollars ($519,000.00) which is the balance of the Purchase Price of Five Hundred Twenty Thousand and No/100 Dollars ($520,000.00) as specified in Section 2. The balance of$1,000.00 was paid into escrow in accordance with Section 12 of this Agreement. s Purchase Agreement Page 3 E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. Seller will not be required to pay any transfer taxes as a result of this transaction. Public agency transactions are exempt from revenue stamp requirements in accordance with Section 11922 of California Revenue and Taxation Code. Sellers' total escrow/closing costs will not exceed $200.00. However, Seller is responsible for paying all current property taxes, any and all probate costs and any other liens. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Seller shall cause North American Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$520,000 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exceptions 3, 4, 5, 6, 7, 8 and 10 as listed in said Preliminary Report ("Exhibit A") dated September 30, 1999, and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as .determined by District in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3.E, and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event the Sales Transaction is Not Completed and Escrow Does Not Close. In the event the sales transaction is not completed and escrow does not close 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. ti Purchase Agreement Page 4 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Ca=i , of Mildred Garth. This Agreement is entered into by Mildred Garth, as Executrix of the Estate of Harriet Edith Mesenburg. It is understood that this sale is subject to confirmation approval under the applicable provisions'of the State of California Probate Code. 7. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 8. Integrity of P gp�.M. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 9. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment R ( Purchase Agreement Page 5 because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. RRoresentations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To Seller's knowledge the Property does not contain and has not previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged, present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing; (ii) Seller has not received any notice and Seller has no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent thereof has determined, alleged or commenced or threatened to commence any litigation, or other proceedings, to determine that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste, nor has Seller received any communication from any such person or governmental agency or authority concerning any such matters. C. Indemnity. Seller shall indemnify, defend and hold harmless District from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by District, including without limitation, attorney, engineering and other professional or expert fees, to the extent arising from any breach of the warranties or representations contained herein. 10. Waiver of Relocation Benefits and Statutory Compgnsation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246- i Purchase Agreement page 6 256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any other compensation, except as provided in this Agreement. Seller has been advised as to the extent and availability of such benefits, procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. 11. Miscellaneous-Provisions A. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. B. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. C. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fiilfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take title to any third party property other than the subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. D. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other Purchase Agreement Page 7 rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. E. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Mildred Garth Executrix of the Estate of Harriet Edith Mesenburg c/o Brent N. Ventura, Esq. 236 Los Gatos Boulevard Los Gatos, CA 95030 (408) 354-6725 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed,complete on the date of actual delivery as indicated by the addressee's registry'or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. F. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such Purchase Agreement page 8 determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. H. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. I. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the.terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. J. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. K. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing,and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. L. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. M. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. N. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. Purchase Agreement Page 9 O. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. P. 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. Q. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. R. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et seq. Hearings shall be held in San Mateo County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute,`it shall in all cases be final and binding. NOTICE: BY 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. i Purchase Agreement Page 10 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. , h SELLER INITIAL BUYER INI'TIALWL-' 12. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before October 28, 1999, District shall have until midnight November 10, 1999 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of.this Purchase Agreement by District. As consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. 111 IIl IJl IJl lil Purchase Agreement Page 11 IN NVTINESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN Z -� ) , SPACE DISTRICT Mildred G , as Executrix of the Estate of Hamet Edith Mesenburg ACCEPTED FOR RECOMMENDATION Date:OCJ Y�2C ��q NAAX- Michael C. Williams, Real Property Representative APPROVED AS TO FORM: Susan M. Schectman, General dounsel t FOR APPR VAL: L. Craig Britton General Manager APPROVED AND ACCEPTED: President, Board of Directors Date: ATTEST: District Clerk Date: NORTH MERICAN DIRECT ALL INQUIRES TO: ATITLE Escrow Officer: SUSAN TROVATO COMPANY Telephone No. (408) 395-9008 Our No.: 98171545 October 6, 1999 ESTATE OF HARRIET MESENBURG C/O NORTH AMERICAN TITLE COMPANY 335 N. SANTA CRUZ AVENUE LOS GATOS, CA 95030 ATTN: SUSAN TROVATO PROPERTY ADDRESS UPDATE APNS: 537-09-004AND 537-10-010 LOS GATOS, CALIFORNIA Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE-SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY, THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY, IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of SEPTEMBER 30, 1999 PAM THOMPSON/CA/TG at 7:30 A.M. Title Officer 335 North Santa Cruz Avenue, Los Gatos, California 95030 Phone No. (408) 395-9008 Fax No. (408) 354-3517 EXHIBIT Pgkg6j___0t� The form of policy of title insurance contemplated by this report is: CLTA Standard Coverage Policy - 1990 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL ONE; AN EASEMENT AS TO PARCELS TWO, THREE & FOUR Title to said estate or interest at the date hereof is vested in: HARRIET EDITH MESENBURG, BY DEVISE EXH1 1T Page 2 of 14 Page - ♦ 'e Order No. 98171545 Description: The land referred to herein is situated in the State of California, County of SANTA CLARA, AN UNINCORPORATED AREA, and is described as follows: PARCEL ONE: LOTS 10, 14 AND 15 OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLOT OF THE SURVEY OF SAID LANDS RETURNED TO THE GENERAL LAND OFFICE BY THE SURVEYOR GENERAL. EXCEPTING THEREFROM A PORTION THEREOF WITHIN THE 1692.71 ACRE TRACT DESCRIBED IN THE DEED TO J.S. GREGORY, RECORDED MAY 22, 1925 IN BOOK 160 OF OFFICIAL RECORDS, PAGE 404. PARCEL TWO: A RIGHT OF WAY NOT TO EXCEED 15 FEET OVER THE LAND FORMERLY OF PEDRO AND GUADALUPE MONTOYO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LAND OF SAID PEDRO AND GUADALUPE MONTOYO, AND RUNNING ALONG THE EAST LINE OF LAND OF SAID PEDRO AND GUADALUPE MONTOYO TO PRESENT PRIVATE ROAD ON PREMISES OF SAID PEDRO AND GUADALUPE MONTOYO; THENCE ALONG SAID PRIVATE ROAD IN A SOUTHWESTERLY DIRECTION TO CANYON; AND THENCE ACROSS SAID CANYON LEAVING SAID PRIVATE ROAD AND RUNNING IN THE SAME DIRECTION AFORESAID BY AND SOUTH OF A LARGE SYCAMORE TREE TO LAND DEEDED TO JOHN INGHAM, KEEPING ON THE NORTH SIDE OF A SMALLER CANYON, SAID RIGHT OF WAY BEING GRANTED IN THE DEED FROM PEDRO MONTOYO, ET UX, TO JOHN INGHAM, ,DATED NOVEMBER 1, 1884, RECORDED NOVEMBER 5, 1884, IN BOOK 76 OF DEEDS, PAGE 119. SAID 15 FOOT RIGHT OF WAY TO BE FOR THE BENEFIT OF AND APPURTENANT TO SAID LOTS 10, 14 AND 15 OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M.; AS CONFIRMED BY JUDGEMENT NO. 269028 IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, A CERTIFIED COPY OF WHICH RECORDED SEPTEMBER 16, 1975, IN BOOK B614, OF OFFICIAL RECORDS, PAGE 104. PARCEL THREE: A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS AND ALSO FOR THE INSTALLATION OF PUBLIC UTILITIES OVER AND ACROSS SO MUCH OF THE FOLLOWING DESCRIBED PROPERTY: EXHIBIT Page 3 of 14 Page 30f22__ Order No. 98171545 - A STRIP OF LAND 40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 90 50' 30" WEST, 81 .80 FEET FROM THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED IN THE DEED TO JOHN INGHAM, RECORDED NOVEMBER 5, 1884, IN BOOK 76 OF DEEDS, PAGE 119, SANTA CLARA COUNTY RECORDS, AND SHOWN AS PARCEL A OF LANDS OF ROY C. OLTMAN, JR. ET AL, ON RECORD OF SURVEY RECORDED ON NOVEMBER 20, 1963 IN BOOK 169 OF MAPS, AT PAGE 53, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNINGALONG THE FOLLOWING COURSES AND DISTANCES WHICH ARE MARKED BY A 3/4" IRON PIPE; NORTH 790 18' 00" WEST, 60.78 FEET, SOUTH 760 51' 50" WEST, 46.60 FEET, NORTH 850 56' 101, WEST, 131 .26 FEET, SOUTH 570 48'10" WEST, 69.69 FEET, SOUTH 410 17' 55" EAST, 100.34 FEET, SOUTH 150 07' 05" EAST, 181.95 FEET, SOUTH 060 51' 35., WEST, 198.05 FEET, SOUTH 390 33' 35" WEST, 145.03 FEET, SOUTH 270 15' 25" WEST, - 138.70 FEET, SOUTH 470 55' 35" WEST, 114.03 FEET, SOUTH 210 31' 15" WEST, 88.57 FEET, SOUTH 370 53' 40" WEST, 96.66 FEET, SOUTH 140 45' 00" WEST, 63.13 FEET, SOUTH 770 09' 50" WEST, 108.01 FEET, SOUTH 00 18' 15!' WEST, 40.47 FEET, SOUTH 590 50' 25" EAST, 70.87 FEET, SOUTH 60 45' 50" WEST, 108.01 FEET, SOUTH 00 08' 15" WEST, 40.47 FEET, SOUTH 590 50' 25" EAST, 70.87 FEET, SOUTH 60 45' 10' EAST, 42.75 FEET, SOUTH 160 14' 40" WEST, 145.59 FEET AND SOUTH 350 14' 40" WEST, 230 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LOT 14 OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST OF M.D.B. & M. SAID 40.00 FOOT RIGHT OF WAY TO BE FOR THE BENEFIT OF AND APPURTENANT TO LOTS 10, 14 AND 15 OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M., AS CONVEYED TO HARRIET E. MESENBURG BY INSTRUMENT RECORDED OCTOBER 22, 1980 IN BOOK F676 OF OFFICIAL RECORDS, PAGE 635. EXCEPTING THEREFROM SO MUCH THEREOF LYING WITHIN THE ABOVE DESCRIBED PARCEL ONE. PARCEL FOUR: AN EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND THE RIGHT TO ERECT-AND BUILT A ROAD, POWER LINES AND SEWER AND UTILITY LINES ON SAID EASEMENT, DESCRIBED AS FOLLOWS: A 40.00 FOOT STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: EXH1131T Page 4 of 14 Page Order No. 98171545 BEGINNING AT A 3/4" IRON PIPE WHICH BEARS N. 790 18'00" W. 26.17 FEET, AND N. 00 50' 30" W, 81 .08 FEET FROM A 2X3 REDWOOD HUB AT THE SOUTHWESTERLY CORNER OF THE PARCEL A OF LANDS OF ROY C. OLTMAN, JR., ET AL, AS SHOWN ON RECORD OF SURVEY ON NOVEMBER 20, 1963 IN BOOK 169 OF MAPS, AT PAGE 53, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING ALONG THE FOLLOWING COURSES AND DISTANCES WHICH ARE MARKED BY A 3/4" IRON PIPE; S. 50 45' 40" E., 56:22 FEET, S. 700 01' 40" W., 76.26 FEET; S. 30 26' 20" W., 34.55 FEET, AS CONVEYED TO HARRIET E. MESENBURG BY INSTRUMENT RECORDED OCTOBER 22, 1980 IN BOOK F676 OF OFFICIAL RECORDS, PAGE 635. ASSESSOR'S PARCEL NOS.: 537-09-004 AND 537-10-010 EXHIBIT Page 5 of 14 Page Order No. 98171545 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 General and special property taxes, and any assessments collected with taxes, including utility assessments, for the fiscal year 1999/2000. Total Amount: $348.52 First Installment: $174.26 OPEN Second Installment: $174.26 NOT YET DUE Land: $1,423.00 Code Area: 80-060 Parcel No.: 537-09-004 2. General and special property taxes, and any assessments collected with taxes, including utility assessments, for the fiscal year 1999/2000. Total Amount: $360.18 First Installment: $180.09 OPEN Second Installment: $180.09 NOT YET DUE Land: $2,517.00 Code Area: 80-060 Parcel No.: 537-10-010 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. EXH1131T Page 6 of 14 Page---LoZz--- Order No. 98171545 4. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: BRENT V. ULRICH, A SINGLE MAN AS TO AN UNDIVIDED ONE-HALF INTEREST, AND GEORGE VIERHUS AND DOROTHY G. VIERHUS, HIS WIFE, AS TO AN UNDIVIDED ONE-HALF INTEREST No representation is made as to the present ownership of said easement. For: A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS AND THE INSTALLATION OF PUBLIC UTILITIES Recorded: DECEMBER 31, 1970 Book: 9175 Page; 692 AND 696 Affects: ALL THAT PORTION OF A STRIP OF LAND 40 FEET IN WIDTH LYING WITHIN THE BOUNDS OF LOT 10, APPURTENANT TO AND FOR THE BENEFIT OF LOT 11 ALL IN SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M 5. Covenants; conditions and restrictions imposed by a land conservation contract executed pursuant to Section 51200 et seq. of the California Government Code. Dated: NONE SHOWN Executed by: COUNTY OF SANTA CLARA AND MARIETTA ANDERSEN LEACH, HARRIET MESENBURG, AND HARRIET MESENBURG, ADMINISTRATRIX FOR THE ESTATE OF WALTER S. ANDERSON Recorded: FEBRUARY 25, 1971 Book: 9233 Page: 143 EXHJ131T Page 7 of 14 Page - Order No. 98171545 6.1 An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION AND WESTERN CALIFORNIA TELEPHONE COMPANY, A CALIFORNIA CORPORATION No representation is made as to the present ownership of said easement. For: POLE LINE FACILITIES Recorded: MARCH 1, 1973 Book: 0259 Page: 410 Affects: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP EIGHT SOUTH, RANGE ONE WEST, MOUNT DIABLO BASE AND MERIDIAN. BEGINNING AT A POINT ON THE BOUNDARY LINE OF SAID LANDS, FROM WHICH THE NORTHEAST CORNER OF SAID LANDS BEARS N. 440 32' W., 7.1 FEET DISTANT, AND RUNNING THENCE S. 890 20' W., 896.0 FEET; THENCE N. 71 ' 47 1/2' W., 20 FEET, MORE OR LESS, TO A POINT IN THE NORTHERLY BOUNDARY LINE OF SAID LANDS; EXCEPTING FROM THE ROUTE OF SAID LINE OF POLES THAT PORTION LYING OUTSIDE THE BOUNDARY LINES OF SAID LANDS. EXHIBIT Page 8 of 14 page Order No. 98171545 i 1 7. AN AGREEMENT, AFFECTING SAID LAND, FOR THE PURPOSES STATED HEREIN AND SUBJECT TO THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS, AND EASEMENTS, IF ANY, CONTAINED THEREIN: FOR: RIGHT OF WAY DATED: NONE SHOWN EXECUTED BY: BRENT V. ULRICH, AS "SERVIENT TENEMENT" AND HARRIET E. MESENBURG AS "DOMINANT TENEMENT" RECORDED: OCTOBER 22, 1980 BOOK: F676 PAGE: 635 Reference is made to said document-for full-particulars. Page 9 of 14 ' " P . .of Order No. 98171545 8. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: BERNADETTE ULRICH, AN UNMARRIED WOMAN No representation is made as to the present ownership of said easement. For: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND ALSO FOR THE INSTALLATION, MAINTENANCE AND USE OF A PRIVATE WATER SYSTEM AND PIPELINE Recorded: JUNE 16, 1993 Book: M833 Page: 1005 Affects: ON, OVER, UNDER'AND ACROSS THE FOLLOWING DESCRIBED REAL PROPERTY LYING WITHIN LOT 10, SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.M., SANTA CLARA COUNTY, CALIFORNIA: PARCEL - A A STRIP OF LAND 40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS N. 0 DEG. 50' 30" W., 81 .08 FEET FROM THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED IN THE DEED TO JOHN INGHAM, RECORDED NOVEMBER 5, 1884 IN BOOK 76 OF DEEDS, PAGE 119, SANTA CLARA COUNTY RECORDS, AND SHOWN AS PARCEL A OF LANDS OF ROY C. OLTMAN, JR., ET AL, ON RECORD OF SURVEY RECORDED ON NOVEMBER 20, 1963 IN BOOK 169 OF MAPS, AT PAGE 53, SANTA CLARA COUNTY RECORDS. EXHIBIT Page 10 of 14 Page_LQ_0f'ZL_ Order No. 98171545 THENCE FROM SAID POINT OF BEGINNING ALONG THE FOLLOWING COURSES AND DISTANCES: N. 78 DEG. 18' 00" W., 60.78 FEET; THENCE S. 76 DEG. 5 1' 50' W., 49.60 FEET; THENCE N. 85 DEG. 56' 10" W., 131 .26 FEET; THENCE S. 57 DEG. 48',10" W., 60.69 FEET; THENCE S. 47 DEG. 17' 55" E., 100.34 FEET; THENCE S. 15 DEG. 07' 05" E. 181.95 FEET; THENCE S. 06 DEG. 51 ' 35" W., 198.05 FEET; S. 39 DEG. 33' 35" W., 145.03 FEET; THENCE S. 27 DEG. 15' 25" W. 138.70 FEET; THENCE S. 47 DEG. 55' 35" W., 114.03 FEET; THENCE S. 31 DEG. 31' 15" W., 88.57 FEET; THENCE S. 37 DEG.*-53' 40" W., 96.66 FEET; THENCE S. 14 DEG. 45' 00" W., 63.13 FEET TO A POINT HEREINAFTER CALLED POINT "A". PARCEL - B BEGINNING AT THE AFOREMENTIONED POINT "A" ALONG THE FOLLOWING COURSES AND DISTANCES N. 77 DEG. 09' 50" E., 16.99 FEET; THENCE S. 12 DEG. 23' 05" W., 130.43 FEET; THENCE S. 59 DEG. 16' 52" E., 80.26 FEET; THENCE S. 25 DEG. 35' 04" W., 182.94 FEET; THENCE S. 41 DEG. 59' 14" W., 80.72 FEET; THENCE S. 25 DEG. 49' 16" W., 68.88 FEET; THENCE S. 16 DEG. 13' 56" W., 82.28 FEET; THENCE S. 38 DEG. 32' 28" W., 75.43 FEET; THENCE N. 63 DEG..56' 47" W., 50.09 FEET; THENCE N. 04 DEG. 36' 17" E., 97.79 FEET; THENCE N. 35 DEG. 14' 40''' E., 230.00 FEET; THENCE N. 16 DEG. 14' 40" E., 118.00 FEET; THENCE N. 36 DEG. 34' 57" W., 98.40 FEET; THENCE N. 00 DEG. 08' 15" E., 66.'00 FEET; THENCE N. 77 DEG. 09' 50" E., 108.01 FEET TO THE POINT OF BEGINNING. E.M1131T Page 11 of 14 Page jj.0f.-V-- Order No. 98171545 . 0.1 EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN LOT 14, SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.M. ALSO, EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN LOT 11, SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.M. ALSO, EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTHERLY OF THE NORTHERLY LINE OF THE AFOREMENTIONED LOT 10. 9. Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of PLEASANT CREEK. 10. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASES, OR RENTAL--AGREEMENTS,- IF ANY. 11 . ANY FACTS, RIGHTS OR CLAIMS WHICH A CORRECT SURVEY WOULD SHOW. END OF EXCEPTIONS Page 12 of 14 EXHIBIT Pag -- I e ofOrden No. 98171545 INFORMATIONAL NOTES: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 1161116.2. There are no conveyances affecting said land recorded within 24 months of the date of this report. This charge for a policy of title insurance, if issued through this title order, will be based on the basic insurance rate. CC: MIDPENINSULA REGIONAL OPEN SPA 12-15-98 LC UPDATED 100699 TW EMISIT Page 13 of 14 Page ' . Order No. 98171545 GOOD FUNDS LAW CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES: ` SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. • NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH A CHECK AGAINST A FDIC INSURED BANK). ` 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A "HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.) NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. IRS FORM 1099 BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLERIBORROWER MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099, OR ITS EQUIVALENT, WITH THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE. NOTICE OF A WITHHOLDING REQUIREMENT THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862)ON SALES OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3 113 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER,-OR A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA OR THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. IN THE EVENT THE BUYER REQUIRES WITHHOLDING OF THE 3 1/3 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT, P.O. BOX 651,SACRAMENTO, CALIFORNIA 9 581 2-06 5 1 (916)845.4900. EXHIEIT Page 14 of 14 pageILI Order No. 98171545 sx >< r : a r• i I I.V � J I �aEj 3 * EI i 1 .,sv yx „I 1q is It ' Alt - � I I _ e O I 1v M„ 17 lilt q S ------------------------------------------------------------------------------- • n � I V t I EXHIBIT Page "L of2,9_ — ------ OFFba or CUUNTY ASSESSOR, SAM C AIIA COW". CAUN1b\► KK ���—/. 537 10 -... 575 1 L'/a 11M Coll. -. 785,11IE eo. a �aao.aa 1 9 ...ei , »aa.sa 16 --i- TBS,RIW 9 20.00 AC. 92.62 AC.. 3 :1 1 2 3 1 nirt IN[AsAmr wo. i^ Ef EECTNEIFO' ROLL YEAR \� LAWRENCE E.STONE-ASSEsSOR I Iw 11 M 4 �I w "cc N.52 AC NET ►� Ii990CL I'w MIDPEHINSULA REGIONAL InA, OPEN SPACE DISTRICT 1 /1 tltlD C.l.\ � I 1• N� A�+Nr J N/1a.ws1rtw wo, ns c L. 1 B K 1`I sa.bGl 1 362 S 27 AC NET ST n L��� I s� _ c.L. yp�Gl. JI .M •.� ;nm �I PCL.C 8 17 J e.Ts Ac. \ VI IPCI1' a' - ----- L---------- --- - 10 Maa _Y•_\?... .i PCL. J 16.33 AC.. /D 6 3 .0 a • r W.B t 1 p � /a•` _ �� _ a! 3.00 AC. ... A45.169•M•S3 ---' — --- 9 O SNOR AME CAN mcompANy NATCO NOTES: DON'T DELAY YOUR CLOSE OF ESCROW! IF ANY OF THE FOLLOWING: ITEMS AFFECT YOUR TRANSACTION, PLEASE NOTIFY YOUR ESCROW OFFICER AS SOON AS POSSIBLE. 1. Ongoing Construction The Title Company will require, as a minimum, the following prior to insuring: A. Valid Notice of Completion verified by inspection and expiration of 60 days from recordation of said notice or; B. Approved Indemnities from Borrower/Seller, approved financial statement not over one year old and a waiver of lien rights from the general contractor. 1. The Title Company may also require proof of payment of subcontractors, indemnity and financial statement from the general contractor, a copy of the contract and the with-holding of a sum of money, to cover the contract until the mechanics lien period has expired, with which to pay filed mechanics liens, or other assurances to be determined on a case by case basis. il. Bankruptcy The Title Company will require, as a minimum, the following prior to insuring: A. The bankruptcy case be closed or, B. An order from the bankruptcy court verifying the transaction, with a demand placed into escrow by the trustee. 1. Escrow may not close until 15 days have elapsed from the order and the file has been checked to verify that there are no objections to said order. Ill. Abstracts of Judgment, Liens, Tax Liens The Title Company will require, as a minimum, the following prior to insuring: A. Proof that the buyer/seller is not the same party as on the recorded liens. 1.This is accomplished by the buyer/seller/borrower completely filing out and signing a statement of information. B. The items are to paid off in escrow. C. The items are to be subordinated to the new transaction. IV. Community Property California is a community property state. A. A quitclaim from one spouse to another must specifically quitclaim any community property interest. B. An interlocutory decree of divorce specifically granting the property to one spouse is sufficient if a final decree is issued and recorded in the county. EXHIBIT R Pageof -- EXHIBIT A L F PRINTED EXCEPTIONS AND EXCLUSIONS (B*AE cy Type) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against toss or damage (and the Company will not pay costs,attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessment, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines, shortage in area, encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (A) Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water, whether or not the matters excepted under(a), (b),or(c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to (1)the occupancy,use,or enjoyment of the land;(9)the character,dimensions or location of any improvement now or hereafter erected on the land;(ui)a separation in ownership or a change in the dimensions or area of the land or an, parcel of which the land is or was a part;or(iv) environmental protection,or the effect'of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)any governmental police power not excluded by (a)above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date o' Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded In the public records at Date of Policy, but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for th=_ estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable'doing business'laws of the state In which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insure mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character dimensions or locations of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of or, violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at date of policy. 3. Defects, liens, encumbrances, adverse claims, or other matters(a)created, suffered,assumed or agreed to by the insured claimant, (b)not known to the company and not shown by the public records but known to the insured claimant either at dated of policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the company prior to the date such insured claimant became an insured hereunder, (c)resulting in no loss or damage to the insured claimant, (d)attaching or created subsequent to date of policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value fr. the estate or interest insured by this policy. EXHISIT Page A 011,& - 3.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INyS_URANCE POLICY-1987 EXCLUSIONS in addition to the exceptions in schedule b,you are not insured against loss,costs,attorney's fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • and use • improvements on the land • land division • environmental protection this exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in items 12 and 13 of covered title risks 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the policy date. • the taking happened prior the policy date and is binding on you if you bought the land without knowing of the taking. 3. Title risks: • that are created,allowed, or agreed to by you • that are known to you, but not to us,on the policy date-unless they appeared in the public records. • that result in no loss to you • that first affect your title after the policy date-this does not limit the labor and material lien coverage in item 8 of covered title risks. 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of schedule a,or • in streets,alleys, or waterways that touch your land. This exclusion does not limit the access coverage in item 5 of covered title risks. Standard exceptions (A)any rights, interests or claims of parties in possession of the land not shown by the public records. (B) any easements or liens not shown by the public records.This does not limit the Ran coverage in item 8 of the covered title risks. (C) any facts about the land which a correct survey would disclose and which are not shown by the public records.This does not limit the forced remov coverage In item 12 of covered title risks. (D)any water rights,claims or title to water on or under the land. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 - WiTH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys' fees or expenses which arise by reason of: 1. (a)Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(1)the occupancy,use,or enjoyment of the land;(R)the character,dimensions or location of any improvement now c hereafter erected on the land;Wi)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv) environmental protection,or the effect of any violation of theses laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) any governmental policy power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation,or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims,or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to th Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over a statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable'doing business'laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. EXHIBIT Page .,�_ �A. 6. Any statutory lien for services, labor or i6ials (or the claim of priority of any statutory lier>�ervices,labor or materials over the pen of the Insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance. - - 7.Any claim, which arises out of the transaction creating the interest of the mortgages Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'rights laws,that is based on; (1)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or (11) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (111)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results fron the failure; (a)to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 5.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage,costs, attorneys' fees or expenses which arise by reason of: 1. (A) any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations),restricting, regulating, prohibiting or relating to (i)the occupancy, use or enjoyment of the land,III)the character,dimensions or location of any improvement now or hereafter erected on the land, (III)a separation in ownership or a change in the dimensions or area of the land or any-parcel of which the land Is or was a part,or(iv) environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of defect,pen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. (B) any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of defect,lien or encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior the date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at date of policy, but not known to the insured claimant and not disclosed in writing to the company by the insured claimant prior to the date of the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or creating subsequent to date of policy, or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'rights law that is based on: - O) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer,or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument or transfer,or (b) of such recordation to impart notice to a purchaser for value or a judgment or pen creditor. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FROM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, e prohibiting a separation in ownership or a reduction in the dimensions or area of he land,or the effect of a violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of such rights appears in the public records at date of policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered,assumed or agreed to by the insured claimant;(b)not known to the company, and not shown by the public records but not known to the insured claimant either at date of policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to date of policy, (except to the extent insurance is afforded herein as to any statutory pen for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy) EXHIBIT �' page " (9 of,� �► 4. Unenforceability of the lien of the insu[mortgage because of failure of the insured at date iicy or of any subsequent owner of the Indebtedne: to comply with applicable 'doing busines of the state In which the land is situated. 7. ALTA.Plain Language Owner's Policy(6/87) America First Protection Added(6/1/97) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss,costs, attorney's fees, and expenses resulting from: 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a)land use (b)improvements on the land (c)land division (d)environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the coverage described in items 12c and d, 13 and 18 of Covered Title Risks. 2. The right to take the land by condemning it,unless: (a)a notice exercising the right appears in the public records on the Policy Date (b)the take happened prior to the Policy Date and Is binding on you If you bought the land without knowing of the taking 3. Title Risks: (a)that are created,allowed, or agreed to by you (b)that are known to you, but not to us, on the Policy Data—unless they appeared in the public records (c)that result in no loss to you (d)that first affect your title after the Policy Date—this does not limit the coverage described in hems 3b,8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title 5. Lack of a right: - (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A or (b)in streets,alleys or waterways that touch your land This exclusion does not limit the coverage described in Items 5 and 12a of Covered Title Risks. Standard exceptions: (a)any rights,interests or claims of parties in possession of the land not shown by the public records. (b)any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered risks. (c) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of the covered title risks. (d)any water rights, claims or title to water on or under the land. 8. ALTA Loan Policy-Form 1 (10117/92) America First Protection Added(6/1/97) " EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which may arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations restricting, regulating, prohibiting or relating to (i)the occupancy, use or enjoyment of the Land (ii)the character,dimensions or location of any improvement now or hereafter erected by the Land . (iii)a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part (iv) environmental protection, or the effect of any violation of these laws,ordinances or government regulations,except to the extent that a notice of th enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in ti Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy (b)Any governmental policy power not excluded by(a) above, except to the extent that a notice of exercise thereof or a notice of a defect, lien or encumbrance,resulting from a violation or alleged violation affecting the Land has been recorded In the Public Records at Date of Policy. This exclusion does not limit the coverage under Insuring provisions 14, 15, 16 and 24 of this policy. EXHIBIT Psis r-LofjllU r . 2.Rights of eminent domain unless notice exercise thereof has been recorded In the Publiords at Date of Policy,but not excluding from coverage any taking which has occurred pri Date of Policy, but not excluding from coverage taking which as occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects,pens, encumbrances,adverse claims or other matters: (a) created, suffered, assumed or agreed to be the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d)does not limit the coverage provided under insuring provisions 7,8, 19, 20,21,23, 24 and 25);or (a)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6.Taxes or assessments of any taxing or assessment authority which become alien on the Land subsequent to Date of Policy. 7.Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'rights laws, that is based on: (a) the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b)the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c)the transaction creating the interest of the Insured Mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument or transfer;or 00 of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceabil'rty or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not liml the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charges thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) the time of the advance; or (b)the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. E�HIgIT ri Pageof�2 ;NDMENT TO PURCHASE AGREEONT The following terms and conditions are hereby incorporated into and made a part of the Purchase Agreement ("Agreement") executed by Seller on October 25, 1999, for the real property located within the unincorporated area of the County of Santa Clara, State of California, containing approximately One Hundred Fourteen and Ninty-seven Hundredths (114.97) acres, more or less, and commonly referred to as San Clara County Assessor's Parcel Numbers 537-09-004 and 537-10-010 between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT as the Buyer, and MILDRED GARTH, as Executrix of the Estate of HARRIET EDITH MESENBURG is referred to as the Seller. Section 12 of the Agreement is amended to read as follows: /vL d y 12. Acceatance. Provided that this Agreement is executed by Seller and delivered to District on or before oeteber,29, 1999, District shall have until midnight November 17, 1999 to accept and execute this Agreement, and 11/, during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to /J District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. As consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. In all other respects, the Agreement remains in full force and effect unamended. DISTRICT: SELLERS: _ MIDPENINSULA REGIONAL OPEN SPACE By; �t�- � (t DISTRICT Mildred Garth/, Executrix of the Estate of Harriet EditH Mesenburg Af CEPTED FOR RECOMMENDATION Date: QC,uj Michael C. Williams, Real Property Representative APPROVED AS TO FORM: ) Sue chectman, General Counsel NDED FOR APPROVAL: L, itton, General Manager APPROVED AND ACCEPTED: President, Board of Directors Date: ATTEST: District Clerk Date: Regional Open 19ace R-99-151 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-28 November 17, 1999 AGENDA ITEM 4 AGENDA ITEM Annual Seasonal Trail Closures Information Report GENERAL MANAGER'S RECOMMENDATION Review and comment on proposed trail closures. No formal Board action is required. DISCUSSION At your October 27, 1999, meeting, you reviewed the Annual Seasonal Trail Closure Information Report (see report R-99-129). The annual report includes seasonal trail closures and "interim" trail closures, in which a trail's use status is determined on an interim basis, pending permanent resolution in a Use and Management Plan. At your October 27 meeting, Director Crowder questioned the interim status of some of the trails listed in the report. At your direction the item was continued to a subsequent meeting to allow staff adequate time to research the status of the Use and Management Plan approvals for the trails on the interim closure list. Planning staff has researched all of the trails on the interim closure list and determined that four of them actually have permanent status as determined in a formal Use and Management Plan, as follows: ■ Bald Knob Trail at Purisima Creek Redwoods • Coyote Trail at Rancho San Antonio ■ Horseshoe Lake Area Trails, Skyline Ridge ■ Ridge Trail, Alpine Pond to Russian Ridge Parking Area, Skyline Ridge Accordingly, these trails have been deleted from the attached revised seasonal and interim closure list. The General Manager intends to approve the revised staff trail closure recommendations, contingent upon your comments and any public input at your November 17 meeting. Prepared by: Gordon Baillie, Operations Analyst Contact person: John Escobar, Assistant General Manager 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS (See definition of "Seasonal" and "Interim" below) Revised November 9 1999 Preserve Trail Bicyclists Equestrians Comments 1. Long Ridge Peters Creek Trail Seasonal Seasonal Very popular with mountain bicyclists. Tread can get very muddy during wet conditions. Staff anticipates closures during and immediately following heavy rainfall. Ridge Trail - Chestnut Orchard Seasonal Seasonal Same conditions as above. to Peters Creek Trail 2. El Corte de Methuselah Seasonal Seasonal Trail is vulnerable to damage during extended periods of rain. Madera Leaf Trail Seasonal Seasonal Trail is vulnerable to damage during extended periods of rain. Virginia Mill Seasonal Seasonal Trail crosses El Corte de Madera Creek and is not passable during periods of high stream flow. Potential slide areas may cause longer term closures if a severe winter is experienced. 3. Fremont Toyon Trail Seasonal Seasonal Very popular with equestrians from Garrod Stables and mountain Older bicyclists. Tread can get very muddy during wet conditions. 4. Monte Skid Road Trail to Canyon Trail Seasonal Seasonal Very popular with mountain bicyclists and equestrians. The shaded Bello (Lower Nature Trail) canyon environment can prevent the tread from drying through the winter season. Alternate route available. White Oak Trail Seasonal Seasonal Tread can get very muddy during wet conditions. Staff anticipates (Permit lot to Skid Road Trail closures during and immediately following heavy rainfall. 5. Picchetti Zinfandel Trail Interim Interim Constructed to a four-foot average width. Permanent status pending Ranch U&M process. 6. Pulgas Polly Geraci Trail Interim Interim Constructed to a three-foot average width. Permanent status pending Ridge U&M review process. Blue Oaks Trail Interim Interim Constructed to a four-foot average width. Permanent status pending U&M review process. • = New closures SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern over trail safety and potential resource damage,usually between the months of November and April. INTERIM CLOSURE: Closed temporarily due to trail safety concerns. Permanent status is pending the application of Board-adopted trail use guidelines in the use and management review process. Table Page:1 PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS (See definition of "Seasonal" and "Interim" below) Revised November 9 1999 Preserve Trail Bicyclists Equestrians Comments 7. Purisima Whittemore Gulch Seasonal Seasonal Narrow, winding, seasonally wet trail, highly susceptible to damage. Creek This trail is normally closed for the winter. Alternate route available. Redwoods Soda Gulch Trail Interim Interim Narrow, winding, seasonally wet trail with poor line of sight and some very steep side slopes. Majority of trail offers no room for passing. Permanent status pending U&M review process. Alternate route available. Grabtown Trail Closed Closed Trail is closed to all users due to extensive damage from the El Nino storms. Repairs may require engineering lans andspecifications. 8. Rancho San Black Mountain Trail Interim Open Constructed to a four-foot average width with occasional pullouts. Very Antonio steep grades remain on P.G. &E. road sections of trail. Permanent status pending U&M review process. 9. Russian Ridge Trail (former Norton Interim Open Constructed to average five-foot width. Permanent status pending U&M Ridge property) review process and purchase agreement restrictions. 10. Saratoga Saratoga Gap Trail Seasonal Seasonal Generally wet conditions during the winter. Damage can occur if open. Gap 11. Skyline Ridge Ridge Trail south of Horseshoe Interim Interim Constructed to a four-foot average width. Permanent status pending U&M review process. Alternate routes available. 12. Windy Hill Razorback Ridge Trail Closed Seasonal Constructed to average three-foot width. Staff anticipates closures during and immediately following heavy rainfall. There has been ongoing tread damage to this trail, due to use. Sausal Trail Interim Interim First winter season of use. Trail will be closed to allow for soil compaction. Lost Trail Closed Seasonal Trail suffers severe impacts when wet. There is limited horse use on the trail, but the use that is present can have a significant impact. Hamm's Gulch Trail Closed Seasonal Same conditions as above. * = New closures SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern over trail safety and potential resource damage,usually between the months of November and April. INTERIM CLOSURE: Closed temporarily due to trail safety concerns. Permanent status is pending the application of Board-adopted trail use guidelines in the use and management review process. Table Page:2 Regional Open -; , ace 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-147 Meeting 99-28 November 17, 19W AGENDA ITEM 5 AGENDA ITEM Final Adoption of a Use and Management Plan Amendment for a Minor Trail Realignment at Windy Hill Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Adopt a Use and Management Plan Amendment to realign an approximately 300-foot section of trail adjacent to the southern boundary of The Sequoias retirement community in Windy Hill Open Space Preserve. BACKGROUND At your October 13, 1999, meeting, you tentatively approved a Use and Management Plan recommendation to realign approximately 300 feet of trail as it enters Windy Hill Open Space Preserve. The trail segment connects Spring Ridge Trail with a town trail on The Sequoias property in the eastern portion of the preserve. The project was contingent upon realignment of a portion of the Town's trail on The Sequoias property (see report R-99-135). The Portola Valley Town Council considered the realignment of the town trail at their meeting of October 27, 1999. The realignment was approved. Staff has received no further public comment. Prepared by: Mary de Beauvieres, Senior Planner Contact: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org • Web site:www.openspace.org Board or Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-152 Meeting 99-28 November 17, 1999 AGENDA ITEM 6 AGENDA ITEM Cancellation of December 8 and December 22 Regular Mee 'n and Scheduling of a Special Meeting of the Midpeninsula Regional Open Space District Board o Directors for December 15, 1999 GENERAL MANAGER'S RECOMMENDATIONS 1. Cancel your December 8 and December 22 Regular Meetings. 2. Schedule a Special Board Meeting for 7:30 p.m. on Wednesday, December 15, 1999, for the purpose of replacing the cancelled meetings of December 8 and December 22. DISCUSSION The second regularly scheduled Board meeting in December is usually canceled due to the proximity of the meeting to the holidays. Because a second meeting was scheduled in November, all District business anticipated for early December has been included on the November 17 Special Meeting agenda, or can be included on the December 15 Special Meeting agenda. It is therefore recommended that the Board cancel the December 8 and December 22, 1999 Regular meetings and schedule a Special Meeting for December 15, 1999 to complete Board business for calendar year 1999. Prepared by: L. Craig Britton, General Manager Contact person: Same as above. 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:650-691-1200 FAX:650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton Regional Open . ice 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-148 Meeting 99-28 November 17, 1999 AGENDA ITEM 7 AGENDA ITEM Correct a Typographical Error in Resolution 97-30, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the General Manager to Approve or Deny Certain Legal Claims Against the District, To Approve A endments to Permits to Enter District Property and to Contract for the Payment of Services, S plies, Materials, or Labor Pursuant to Public Resources Code Section 5549(b) GENERAL MANAGER'S RECOMMENDATION Correct a typographical error in Resolution 97-30 by adopting a new, corrected resolution authorizing the General Manager to administratively approve or deny certain District actions. DISCUSSION At your meeting of August 13, 1997, you approved a resolution authorizing the General Manager to administratively approve or deny the District actions listed therein(see report R-97-115 and attached resolution 97-30). Recently it was noticed that the last paragraph of the resolution contains a significant typographical error. The portion of the sentence in that paragraph reading " ..(2) for the payment of supplies, materials, not or labor for new construction of any building, structure, or improvement in amounts exceeding twenty-five thousand ($25,000)." should read as follows: "..(2) for the payment of supplies, materials, or labor for new construction of any building, structure, or improvement in amounts not exceeding twenty-five thousand ($25,000)." It is recommended that the Board confirm its original delegation of authority pursuant to Resolution 97- 30 by adopting the attached, corrected resolution. Prepared by: Peggy Coats, Senior Administrative Analyst Contact person: Susan Schectman, General Counsel 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosdCopenspace.org •Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz •General Manager:L.Craig Britton RESOLUTION NO. 9 7-3 0 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL MANAGER TO APPROVE OR DENY CERTAIN LEGAL CLAIMS AGAINST THE DISTRICT, TO APPROVE AMENDMENTS TO PERMITS TO ENTER DISTRICT PROPERTY AND TO CONTRACT FOR THE PAYMENT FOR SERVICES, SUPPLIES, MATERIALS, OR LABOR PURSUANT TO PUBLIC RESOURCES CODE SECTION 5549(b) WHEREAS, in the normal course of District business, there may be occasions when a person or entity will make a Legal Claim against the District for money; and WHEREAS, it is in the best interests of the District for the General Manager to have the authority to promptly compromise, settle, approve, or resolve disputes or Legal Claims which involve Legal Claims for money against the District not exceeding two thousand five hundred dollars ($2,500); and WHEREAS, in the normal course of District business, there are occasions when the Board issues a permit to a government agency or third party to enter District real property to perform certain physical work thereon; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the purposes of the District that the General Manager be authorized to approve amendments of a minor nature to such permits to enter District property; and WHEREAS, Section 5538 of the Public Resources Code authorizes the Board of Directors to fix the duties of the General Manager; and WHEREAS, Section 5541 of the Public Resources Code authorizes the Board to do all things necessary and convenient in order to control, operate, and maintain its open space preserves; and WHEREAS, Section 5549(b) of the Public Resources Code authorizes the Board to delegate to the General Manager the authority to enter into contracts for services, supplies, materials, and labor not exceeding the amounts set forth therein; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the efficient operation of the day-to-day activities of the District that the General Manager have the authority described in this Resolution. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Legal ClaimS The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to perform any acts required to consider, deny, allow, compromise, or settle Legal Claims of any kind or nature Resolution No. 9 7-3 0 against the District that do not exceed two thousand five hundred dollars ($2,500). The General Manager shall report to the District's Board of Directors at its next regular meeting any action taken to consider, deny, allow, compromise, or settle Legal Claims against the District that do not exceed $2,500. AMENDMENTS TO PERMITS TO ENTER The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to approve minor amendments to permits to enter District property to third parties that have been previously approved by the Board of Directors, provided the following criteria are met: 1. The amendment is minor and there is no significant change in the area, scope, or type of work to be undertaken by the Permittee. 2. The work shall be done in such a way as to minimize damage to District land, shall be conducted in full compliance with the Resource Management policies and Land Use Regulations of the District, impacts shall be fully mitigated and the land restored to its prior condition upon completion; and. 3. The form of the Amendment to the Permit to Enter is approved by District Legal Counsel. The General Manager shall report to the District's Board of Directors at its next regular meeting any permit amendment approved by the General Manager pursuant to this Resolution. PUBLIC WORKS PROFESSIONAL SERVICES AND OTHER CONTRACTS The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manger the authority set out in Public Resources Code Section 5549(b): The General Manager may bind the District, without advertising and without written contract, (1) for the payment for supplies, materials, labor, or other valuable consideration for any purpose other than new construction of any building, structure, or improvement in amounts not exceeding ten thousand dollars ($10,000) and (2) for the payment for supplies, materials, not or labor for new construction of any building, structure, or improvement in amounts exceeding twenty-five thousand ($25,000). All expenditures shall be reported to the Board of Directors at its next regular meeting. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL MANAGER TO APPROVE OR DENY CERTAIN LEGAL CLAIMS AGAINST THE DISTRICT, TO APPROVE AMENDMENTS TO PERMITS TO ENTER DISTRICT PROPERTY AND TO CONTRACT FOR THE PAYMENT FOR SERVICES, SUPPLIES, MATERIALS, OR LABOR PURSUANT TO PUBLIC RESOURCES CODE SECTION 5549(b) WHEREAS, in the normal course of District business, there may be occasions when a person or entity will make a Legal Claim against the District for money; and WHEREAS, it is in the best interests of the District for the General Manager to have the authority to promptly compromise, settle, approve, or resolve disputes or Legal Claims which involve Legal Claims for money against the District not exceeding two thousand five hundred dollars ($2,500); and WHEREAS, in the normal course of District business, there are occasions when the Board issues a permit to a government agency or third party to enter District real property to perform certain physical work thereon; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the purposes of the District that the General Manager be authorized to approve amendments of a minor nature to such permits to enter District property; and WHEREAS, Section 5538 of the Public Resources Code authorizes the Board of Directors to fix the duties of the General Manager; and WHEREAS, Section 5541 of the Public Resources Code authorizes the Board to do all things necessary and convenient in order to control, operate, and maintain its open space preserves; and WHEREAS, Section 5549(b) of the Public Resources Code authorizes the Board to delegate to the General Manager the authority to enter into contracts for services, supplies, materials, and labor not exceeding the amounts set forth therein; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the efficient operation of the day-to-day activities of the District that the General Manager have the authority described in this Resolution. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Legal Claims The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to perform any acts required to consider, deny, allow, compromise, or settle Legal Claims of any kind or nature against the District that do not exceed two thousand five hundred dollars ($2,500). The General Manager shall report to the District's Board of Directors at its next regular meeting any action taken to consider, deny, allow, compromise, or settle Legal Claims against the District that do not exceed $2,500. AMENDMENTS TO PERMITS TO ENTER The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to approve minor amendments to permits to enter District property to third parties that have been previously approved by the Board of Directors, provided the following criteria are met: 1. The amendment is minor and there is no significant change in the area, scope, or type of work to be undertaken by the Permittee. 2. The work shall be done in such a way as to minimize damage to District land, shall be conducted in full compliance with the Resource Management policies and Land Use Regulations of the District, impacts shall be fully mitigated and the land restored to its prior condition upon completion; and 3. The form of the Amendment to the Permit to Enter is approved by District Legal Counsel. The General Manager shall report to the District's Board of Directors at its next regular meeting any permit amendment approved by the General Manager pursuant to this Resolution. PULIC WORKS PROFESSIONAL SERVICES AND OTHER CONTRACTS The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority set out in Public Resources Code Section 5549(b): The General Manager may bind the District, without advertising and without written contract, (1) for the payment for supplies, materials, labor, or other valuable consideration for any purpose other than new construction of any building, structure, or improvement in amounts not exceeding ten thousand ($10,000) and (2) for the payment for supplies, materials, or labor for new construction of any building, structure, or improvement in amounts not exceeding twenty-five thousand ($25,000). All expenditures shall be reported to the Board of Directors at its next regular meeting. Claims No. 99-20 Meeting 99-28 Date: November 17, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7525 36.34 AirTouch Paging Pager Service 7526 60.14 Randy Anderson Vehicle Expense 7527 165.00 A-Tool Shed Equipment Rental Rental Equipment 7528 325.00 A-Total Fire Protection Company Fire Equipment Testing Service 7529 243.13 All Laser Service Laser Printer Service 7530 11.07 AT&T Telephone Service 7531 90.72 Browning-Ferris Industries Dumpster Service 7532 64.80 Dick Bruhn, Inc. Uniform Supplies 7533 26.29 Cabela's Inc. Uniform Supplies 7534 4,885.50 California Conservation Corps Teague Hill Brush Removal 7535 3,496.00 *1 California Suites Law Enforcement Academy Housing 7536 66.96 California Water Service Water Service 7537 24,262.07 Cal-Line Equipment Inc. Brush Chipper 7538 90.00 Camino Medical Group Medical Services 7539 45.45 Capitol Enquiry CA Legislature Directory 7540 56.52 CASIO, Inc. Office Supplies 7541 100.00 Compurun Systems Computer Consultant 7542 156.98 Costco Wholesale Office Supplies 7543 4,332.20 D &M Engineering Purisima Creek Storm Damage Repair 7544 150.00 Jim Davis Automotive Smog Checks and Vehicle Repair 7545 27.06 Design Signs Sign Lettering 7546 1,950.00 Emily&Associates Staff Training 7547 22.28 Emergency Vehicle Systems Light Bulbs 7548 191.10 Film To Frame Film&Processing 7549 382.75 Foster Brothers Security Systems, Inc. Locks&Keys 7550 1,029.55 Sandy Gimbal Contract Planner Services 7551 1,030.58 Golden Gate Mechanical Plumbing Repair-Distel Building 7552 183.18 Goodco Press, Inc. Brochure Printing 7553 360.00 GreenWaste Recovery, Inc. Dumpster Service 7554 131.81 GTE Wireless Cellular Phone Service 7555 5.09 Honda Peninsula Air Filter 7556 220.50 International Assessment Services, Inc. Human Resources Consultation 7557 4,260.00 Tamara Kan Plant Ecologist 7558 35.07 Lab Safety Supply Field Equipment 7559 843.78 Lanier Worldwide, Inc. Copier Supplies 7560 246.08 Los Altos Garbage Company Dumpster Service 7561 469.99 *2 Lucent Technologies Telephone Maintenance 7562 36.24 MCI World Com Telephone Service 7563 81.62 MetroMobileCommunications Radio Repairs and Maintenance 7564 -%.36 Ken Miller Reimbursement--Uniform 60.00 7565 4.37 Minton's Lumber&Supply Field Supply 7566 105.57 Moffett Supply Company Janitorial Supplies 7567 59.36 Mountain View Garden Center Field Supplies 7568 338.05 Orlandi Trailer Trailer Repair 7569 448.57 Pacific Bell Telephone Service 7570 237.40 Palo Alto Weekly Recruitment Advertisement Page 1 i Claims No. 99-20 Meeting 99-28 Date: November 17, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7571 45.00 PAPA Pesticide Training-P. Congdon 7572 357.23 void Pastorino Hay Straw-Halloween Event 7573 230.53 Peninsula Blueprint Printing Services 7574 457.42 PIP Printing Printing Services 7575 21.25 Potrero Publishing Resource Document 7576 14.78 Precision Engravers Engraving Services 7577 118.16 Pringle Tractor Company Tractor Parts 7578 3.23 Rancho Hardware&Garden Shop Dust Mask 7579 67.19 R. E. Borrmann's Steel Co. Field Supplies 7580 1,105.88 Redwood General Tire Co., Inc. Tires 7581 618.60 Regal Dodge, Inc. Vehicle Repair 7582 139.12 Robert's&Brune Co. Pipe 7583 19.83 Royal Brass Inc. Field Equipment Repair 7584 1,261.81 Roy's Repair Service Vehicle Maintenance &Repair 7585 539.48 San Jose Mercury News Legal Advertisement 7586 965.80 *3 San Mateo County Permits 7587 -206.80 Santa Clara Co. Purchasing Dept. Road Flares 227.48 7588 75.00 *4 Santa Cruz County Resource Conservation District Training-J. Kowaleski, M. Casaretto, J. Cahi P. Congdon&C. Beckman 7589 759.53 Shell Oil Company Fuel 7590 181.00 Signs of the Times Signs 7591 894.15 Silacci's Feed Barn Gates 7592 184.10 Skyline County Water District Water Service 7593 43.74 Skywood Trading Post Fuel 7594 1,200.00 Slaght Living Trust December Rent Per Agreement 7595 -81.60 Malcolm Smith Vehicle Expense 84.32 7596 850.00 Sun Valley Tree Care Inc. Tree Removal Service 7597 1,592.00 State of CA-Dept. of Water Resources Rickey Dam Permit 7598 506.07 *5 Tap Plastics Sign Materials 7599 3,120.00 Edward Tunheim Consulting Forester Service 7600 49.09 Turf&Industrial Equipment Company Tractor Supplies 7601 135.25 United Rentals Rental Equipment 7602 2,688.13 US Bank Note Paying Agent Fees 7603 225.00 Verio Pacific Internet Service Provider 7604 2,060.00 WAC Corporation Aerial Photos 7605 204.34 West Group Payment Center Law Library On-Line Service 7606 130.04 Michael Williams Vehicle&Business Meeting Expense 7607 :79.48 Wolf Camera Photography Services 74.62 7608 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Security 7609 23.92 W.W. Grainger Field Equipment 7610 54.00 Lisa Zadek Reimbursement--Tuition 7611 69.00 ZD Journals Subscription 7612 519,000.00 North American Title Company Mesenburg Property Purchase 7613 -683.30 Carleen Bruins Reimbursement--NAI Conference 619.11 Page 2 Claims No. 99-20 Meeting 99-28 Date: November 17, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7614R 597.13 Acme&Sons Sanitation Sanitation Services 7615R 258.04 All Laser Service Laser Printer Supplies &Servicing 7616R 57.21 AT&T Telephone Service 7617R 145.00 Bill's Towing&Recovery Towing Services 7618R 368.62 Bowerman Electric Enterprise Rental Electrical Repairs 7619R 644.00 California Suites Law Enforcement Academy Housing 7620R 284.47 Cal-Line Equipment Inc. Chipper Parts 7621R 520.00 Camino Medical Group Medical Services-Audiograms 7622R 8,628.61 Carpenter Printing Winter Newsletter Printing 7623R 381.54 Carsonite International Roadmarkers 7624R $276.97 Cole Supply Co., Inc. Janitorial Supplies 7625R 100.46 Dacco Industrial Supply Equipment Filters 7626R 87.60 Deluxe Business Forms Federal Forms-Year End Statements 7627R 39.42 Emergency Vehicle Systems Vehicle Equipment 7628R 394.98 Ergonomic Sciences Corporation Office Supplies 7629R 105.15 Foster Brothers Security Systems, Inc. Padlocks 7630R 168.95 Matt Freeman Vehicle Expense 7631R 116.89 Gall's Inc. Vehicle Supplies 7632R 141.35 Gardenland Power Equipment Field Supplies 7633R 464.79 G. P. Sports ATV Repairs 7634R 80.92 GTE Wireless Cellular Phone Service 7635R 52.97 Phil Hearin Reimbursement--Resource Document 7636R 31.77 Hyster Sales Company Equipment Parts 7637R 241.26 Kinko's Printing Services 7638R 86.92 Lab Safety Supply Hazardous Materials Supplies 7639R 935.20 Lanier Worldwide, Inc. Copier Lease Agreement 7640R 72.54 Lucent Technologies Phone Maintenance 7641R 83.64 Paul McKowan Reimbursement--Meeting Supplies 7642R 707.09 MetroMobileCommunications Vehicle Equipment 7643R 316.70 Moffett Supply Company Janitorial Supplies 7644R 4,000.00 *6 Navarone Industries, Inc. Winter Newsletter Mailing Deposit 7645R 41.72 Northern Energy, Inc. Propane Service 7646R 146.58 Northern Tool&Equipment Co. Equipment Parts 7647R 570.62 Office Depot Office Supplies 7648R 210.82 Office Helper Office Supplies 7649R 801.90 Orchard Supply Hardware Field Supplies 7650R 75.47 Pacific Bell Telephone Service 7651R 360.03 Pinecone Lumber Co., Inc. Field Supplies 7652R 255.64 Pitney Bowes Credit Corp. Postage Machine Lease 7653R 15.03 Precision Engravers Name Tag Engraving 7654R 36.13 Rayne Water Conditioning Water Service 7655R 18.00 Redwood General Tire Co., Inc. Tire Repair 7656R 1,488.76 Eric Remington Wildlife Assessment Consultant--BCR 7657R 380.00 Richard P. Carr Physical Therapy Inc. Ergonomic Evaluation Consultant 7658R 34.77 Royal Brass Inc. Equipment Parts 7659R 2,246.78 Roy's Repair Service Vehicle Repairs&Maintenance 7660R 130.99 Safety-Kleen Solvent Tank Service 7661R 124.00 Sequoia Analytical Water Testing Service Page 3 Claims No. 99-20 Meeting 99-28 Date: November 17, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7662R 90.66 Shelton, Inc. Culvert 7663R 920.73 Signs of the Times Signs 7664R 298.77 Silacci's Feed Barn Inc. Gates 7665R 124.45 Skywood Trading Post Fuel 7666R 324.00 Speedy Auto&Window Glass Window Replacement 7667R 386.14 Therma Corp. HVAC Service-Distel Building 7668R 3,052.65 United Rentals Equipment Rental 7669R 1,972.34 Visa 377.58-CARPOSA Conference Expense 345.00-NRPA Registration-J. Escobar 222.73-Computer Supplies 170.00-Subscriptions &Advertisement 271.49-Digital Photo Processing/Film 353.01-Field Supplies 15.08-Office Supplies 64.45-Business Meeting Expense 153.00-Health Dept. Permit/Planning 7670R 437.35 Petty Cash Halloween Event Supplies, Local Business Meeting Expense, and Training Expense *1 Urgent Check Issued November 12, 1999 *2 Urgent Check Issued October 27, 1999 *3 Urgent Check Issued November 4, 1999 *4 Urgent Check Issued November 4, 1999 *5 Urgent Check Issued November 5, 1999 *6 Urgent Check Issued November 9, 1999 Total 627,216.66 *Due to the cancellation of the December 8th. meeting, revised claims is larger than normal in order to pay vendors and avoid finance charges. Page 4 Claims No. 99-20 Meeting 99-28 Date:November 17, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT , # Amount Name Description 7525 36.34 AirTouch Paging Pager Service 7526 60.14 Randy Anderson Vehicle Expense 7527 165.00 A-Tool Shed Equipment Rental Rental Equipment 7528 325.00 A-Total Fire Protection Company Fire Equipment Testing Service 7529 243.13 All Laser Service Laser Printer Service 7530 11.07 AT&T Telephone Service 7531 90.72 Browning-Ferns Industries Dumpster Service 7532 64.80 Dick Bruhn,Inc. Uniform Supplies 7533 26.29 Cabela's Inc. Uniform Supplies 7534 4,885.50 California Conservation Corps Teague Hill Brush Removal 7535 3,496.00 California Suites Law Enforcement Academy Housing 7536 66.96 California Water Service Water Service 7537 24,262.07 Cal-Line Equipment Inc. Brush Chipper 7538 90.00 Camino Medical Group Medical Services 7539 45.45 Capitol Enquiry CA Legislature Directory 7540 56.52 CASIO,Inc. Office Supplies 7541 100.00 Compurun Systems Computer Consultant 7542 156.98 Costco Wholesale Office Supplies 7543 4,332.20 D&M Engineering Purisima Creek Storm Damage Repair 7544 150.00 Jim Davis Automotive Smog Checks and Vehicle Repair 7545 27.06 Design Signs Sign Lettering 7546 1,950.00 Emily&Associates Staff Training 7547 22.28 Emergency Vehicle Systems Light Bulbs 7548 191.10 Film To Frame Film&Processing 7549 382.75 Foster Brothers Security Systems,Inc. Locks&Keys 7550 1,029.55 Sandy Gimbal Contract Planner Services 7551 1,030.58 Golden Gate Mechanical Plumbing Repair-Distel Building 7552 183.18 Goodco Press,Inc. Brochure Printing 7553 360.00 GreenWaste Recovery,Inc. Dumpster Service 7554 131.81 GTE Wireless Cellular Phone Service 7555 5.09 Honda Peninsula Air Filter 7556 220.50 International Assessment Services,Inc. Human Resources Consultation 7557 4,260.00 Tamara Kan Plant Ecologist 7558 35.07 Lab Safety Supply Field Equipment 7559 843.78 Lanier Worldwide,Inc. Copier Supplies 7560 246.08 Los Altos Garbage Company Dumpster Service 7561 469.99 *1 Lucent Technologies Telephone Maintenance 7562 36.24 MCI World Com Telephone Service 7563 81.62 MetroMobileCommunications Radio Repairs and Maintenance 7564 70.36 Ken Miller Reimbursement--Uniform 7565 4.37 Minton's Lumber&Supply Field Supply 7566 105.57 Moffett Supply Company Janitorial Supplies 7567 59.36 Mountain View Garden Center Field Supplies 7568 338.05 Orlandi Trailer Trailer Repair 7569 448.57 Pacific Bell Telephone Service 7570 237.40 Palo Alto Weekly Recruitment Advertisement 7571 45.00 PAPA Pesticide Training-P. Congdon 7572 357.23 Pastorino Hay Straw-Halloween Event 7573 230.53 Peninsula Blueprint Printing Services 7574 457.42 PIP Printing Printing Services Page 1 t Claims No. 99-20 Meeting 99-28 Date: November 17, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7575 21.25 Potrero Publishing Resource Document 7576 14.78 Precision Engravers Engraving Services 7577 118.16 Pringle Tractor Company Tractor Parts 7578 3.23 Rancho Hardware&Garden Shop Dust Mask 7579 67.19 R. E. Borrmann's Steel Co. Field Supplies 7580 1,105.88 Redwood General Tire Co.,Inc. Tires 7591 619.60 Regal Dodge,Inc. Vehicle Repair 7582 139.12 Robert's&Brune Co. Pipe 7583 19.83 Royal Brass Inc. Field Equipment Repair 7584 1,261.81 Roy's Repair Service Vehicle Maintenance&Repair 7585 539.48 San Jose Mercury News Legal Advertisement 7586 965.80 *2 San Mateo County Permits 7587 206.80 Santa Clara Co. Purchasing Dept. Road Flares 7588 75.00 *3 Santa Cruz County Resource Conservation Dist. Training-J.Kowaleski,M. Casaretto,J. Cahill, P. Congdon&C. Beckman 7589 759.53 Shell Oil Company Fuel 7590 181.00 Signs of the Times Signs 7591 894.15 Silacci's Feed Barn Gates 7592 184.10 Skyline County Water District Water Service 7593 43.74 Skywood Trading Post Fuel 7594 1,200.00 Slaght Living Trust December Rent Per Agreement 7595 81.60 Malcolm Smith Vehicle Expense 7596 850.00 Sun Valley Tree Care Inc. Tree Removal Service 7597 1,592.00 State of CA-Dept. of Water Resources Rickey Dam Permit 7598 506.07 *4 Tap Plastics Sign Materials 7599 3,120.00 Edward Tunheim Consulting Forester Service 7600 49.09 Turf&Industrial Equipment Company Tractor Supplies 7601 135.25 United Rentals Rental Equipment 7602 2,688.13 US Bank Note Paying Agent Fees 7603 225.00 Verio Pacific Internet Service Provider 7604 2,060.00 WAC Corporation Aerial Photos 7605 204.34 West Group Payment Center Law Library On-Line Service 7606 130.04 Michael Williams Vehicle&Business Meeting Expense 7607 79.48 Wolf Camera Photography Services 7608 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Security 7609 23.92 W.W. Grainger Field Equipment 7610 54.00 Lisa Zadek Reimbursement--Tuition 7611 69.00 ZD Journals Subscription 7612 519,000.00 North American Title Company Mesenburg Property Purchase 7613 683.30 Carleen Bruins Reimbursement-NAI Conference *1 Urgent Check Issued October 27, 1999 *2 Urgent Check Issued November 4, 1999 *3 Urgent Check Issued November 4, 1999 *4 Urgent Check Issued November 5, 1999 Total 592,598.90 Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C. Britton,General Manager Date: November 17, 1999 Re: FYIs 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 Regional Open -, ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Intraoffice Memorandum October 15, 1999 To: Craig Britton, General Manager From: Paul McKowan, Volunteer Coordinator Subject: Volunteer Trail Patrol Activity Summary From: 7/1/99 To: 9/30/99 VIOLATIONS OBSERVED 001 PRESERVES CP 'qera TOTAL PATROL HOURS) Coal Creek (9) El Corte de Madera (4) 3 3 Fremont Older (44) 4 3 1 8 Long Ridge (29) 2 1 3 Monte Bello (18) Pulgas Ridge (38) 2 2 Purisima Creek (26) 2 5 7 Rancho (291) 2 5 2 3 12 Russian Ridge" (19) 1 1 Saratoga Gap (3) Sierra Azul (12) Skyline Ridge (47) St. Joseph's Hill (26) 4 1 13 6 7 1 2 33 Windy Hill (62) 8 3 16 4 1 32 TOTAL VIOATIONS 20 19 24 24 8 7 102 PER VIOLATION TYPE PERCENTAGE OF 20% 19% 23% 23% 8% E 7% 100% TOTAL VIOLATIONS* 1 11 1 Li Total Violations Observed: 102 Total Patrol Hours: 628 Average Patrol Hours Per Week: 35 *Violations of this type as a percentage of the total number of violations observed "Other Violations (smoking, camping w/o a permit, vandalism, littering, etc.) Regional pen L, tee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Intraoffice Memorandum October 12, 1999 To: Craig Britton, General Manager From: Paul McKowan, Volunteer Coordinator Subject: P.A.D.S. Dog Information Booth Windy Hill; Saturday, October 17; 12:00pm — 3:00pm Attachments: May 19th e-mail report from Denise Williams We received notice last week that Peninsula Access for Dogs (P.A.D.S.) will be staffing their third dog information station of the year on Saturday, October 17th from 12:00 pm to 3:00 pm. This station will be located near the new parking area at Windy Hill Open Space Preserve. Their objective is to increase public awareness and educate visitors on the importance of regulation compliance. P.A.D.S. second information station of this year was held at Fremont Older Open Space Preserve on Sunday, May 16th. I've attached a copy of their report for your review. Please let me know if you have any questions regarding these events. j30 Distel Circle . Los Altos, t A )40Z2-1404+ Phone: 650 691-1Z00 E t � 1AX:650 631 0485 a E-mail: mrosduopenspace.ort Web site:www.openspace.org Board w Oire(tors Pete Siemens, Mary C. Davey, led Co, Deane t ittie, Nonette Flanko, Bet,Cro%uder,Kenneth C. Nit/ -Gcwnvt,d \Mm i,iWi:L Craig;Brition Denise Williams, O1:26 PM 5/19/99 , PADS Information Station Return -Path: denisecraikwilliams@email.msn.com From: "Denise Williams"<denisecraikwilliams@email.msn.com> To: "Paul McKowan" <volunteer@openspace.org> Subject: PADS Information Station Date: Wed, 19 May 1999 19:26:30 -0700 X-MSMail-Priority: Normal X-MimeOLE: Produced By Microsoft MimeOLE V4.72.3155.0 X -Rcpt -To: volunteer@openspace.org Attention: Paul McKowen and Randy Anderson Dear Paul and Randy: PADS has conducted the second information station at the Fremont Older Preserve on May 16, 1999. We had excellent weather and we were very pleased to see a full parking lot when we began•our station about 11 o'clock. We were also very happy to see two staff members (Ken and another staff member- unfortunately I did not catch his name) who stopped by to see us. We had direct contact with about 23 people who were mostly with dogs. The preserve was busy and there were many users enjoying the day. Most of the dog walkers were very interested in the dog packets and expressed interest in the other preserves available to people with dogs. They also hoped for more access in the future. We closed the station about 2 o'clock as the parking lot began to clear. Please let me know if you have any questions. Sincerely, Denise Williams P.S. Paul, we are hoping to get together with you for a lunch meeting.... Do you have some potential lunch time meeting dates? We would like to discuss the information station as well as future plans. Looking forward to talking to you Printed for Paul McKowan <volunteer@openspace.org> �i1/10/99 1.0:39 Vl- 650 854 7703 POST -4.-a3 MROSD Q 002/003 Peninsula Open Space Trust Board of Directors November 8, 1999 Allan F.Brown Pat ncia A.Crompton Vince S.Garrod Board of Directors Sukey Grousbetk Midpeninsula Regional Open Space District Cnnstina A.Holloway Robert C.Kirkwood 330 Distel Circle Dianne McKenna Los Altos,CA 94022 "Norman E.Matteoni David W.Mitchell Bill Realer bear Directors, Karie Thomson. Anne M.Westerfield ''Throughout our more than 20 years of partnership, the Peninsula Open Advisory Council Space Trust has worked effectively with the Midpeninsula Regional Open Robert Augsburger Space District,protecting thousands of acres of land which have become a James E.Baer breathtaking legacy for all to enjoy. We have maintained separate identities, Eleanor Boushey Sheldon Bremer,Ph.D. ways of working,priorities, and relationships with our supporters and Robert v,Brown constituencies. Over the years we've demonstrated that this partnership of William H.Clark,M.D. separate organizations has produced results beyond any that were Sue Crane Lois Crozier-Hogle originally envisioned. Laurence Dawson Herbert J.DengierWith this successful model in mind,POST advocated the expansion of the J.Philip Di Napolioli Phyllis Draper Open Space District across San Mateo County to the continental edge at the Clarence J.Ferrari,Jr. Pacific Ocean. We are aware that any additional revenue which could be David L.Fletcher Rosemary Hewlett produced from the new area is too small to provide much funding for Patricia L.Hooper acquisition of land. Instead,we see POST undertaking land acquisition Macy P.H.King M.D. activities usingfunds which we would be responsible for raisin and Suzanne B.Kit:g p g Merin B.Lane between us we would supplement these funds with various government Robert W.McIntyre grants as available. George M.Marcus Jacqueline Mayer Robert H.Miller Most of the rural land we acquire will not become either parks or open Gordon E.Moore,Ph.D. space preserves. Instead we plan to protect these lands with conservation Bette Moorman Janet Mortis easements,and resell them,once permanently protected,to private owners, Susan P.C7rr carving out where appropriate,trail corridors,beach accessways,and other P Ward Paine Paul 0.Reimer low intensity recreational uses. A simple example of this type of project is Barbara Doyle Roupe the former Cowell Ranch,now owned and farmed by Aldo Giusti. Alexander H.Schilling,Jr, Fritz Snideman Geraldine F.Steinberg We also see POST as continuing to hold,monitor and enforce the Rosemary Young conservation easements on protected lands. What we hope for is that the Lea Zaffaroni Open Space District would manage recreational uses on these private lands, President and take title to lands that belong in public ownership to be operated as Audrey C.Rust open space preserves. We have not and do not advocate ownership by the District,or any other governmental agency,of lands which will be kept in private use. We also 3000 sand Hill Road,4-135 do not advocate ownership by the District of conservation easements over Menlo Park,CaLfomia 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust,org Recycled Paper 10:40 01 650 854 7703 POST 444 4ROSD Z003/003 these lands. We feel there is no significant gain to the public by the use of your limited funds in these efforts especially when tax revenues cannot support it. Further,we believe the authority structure brought to the picture by a government entity has the potential to create divisiveness with those who are the private owners. In addition POST has an excellent conservation easement monitoring and enforcement program. As you know,POST has no organizational position on eminent domain and had looked to the Coast Advisory Committee to provide insights and information for you regarding this controversial issue. I feel it is most unfortunate that although we spent many hours and meetings on this topic over the past 9 months we were unable to do anything more in terms of useful advice than could have been done at the first meeting in February. Supervisor Gordon undertook what turned out to be an impossible job. If the Board decides that it will give up its right of eminent domain on the coastside,as seems likely,there really is no reason for any change in your existing policies regarding land acquisition or agriculture. There will be transactions only with willing sellers and the District should have the same rights to acquire and use land as anyone would paying market value in a voluntary transaction. Your existing policy to develop use and management plans for each new property in your ownership allows for public involvement and the flexible crafting necessary to a specific place. This has worked extremely well and we see no reason to change it. At this point I recommend that the Committee be disbanded and its work considered over.Lees all spend our time saving land instead of further meeting and talking. Sincerely, Audrey C. Rust President F�Otl : FOGLINE NUSEPSEPY PHONE NO. : 415 979 0843 Nov. 11 1999 01:04PM P3 A matter of conscience Geoff Allen My wildest dreams never included being elected by the - people of Pescadero to represent them on the PMAC, or to be elected by the PMAC, to represent the PMAC, and the people of Pescadero on the Coastal Advisory Committee for the Mid Peninsula Open Space District. Last night at the Coastal Advisory Committee Meeting I was one of the people attacked by Chris Thollaug for "Holding up the Advisory Committee progresSn. Toni Danzig said that the Advisory Committee has been "Compromised, polluted and corrupted", by the members of the committee who are opposed to eminent domain. Would they have us believe that the Mid Peninsula Open Space District would cease to exist without eminent domain. Very early on, Betty Stone reported to the -Coastal Advisory Committee, that the Half Moon Bay City Council was opposed to Eminent Domain. Since that time the PMAC, the Ag Advisory Committee, and the Farm Bureau have taken a stance unanimously against eminent domain. When we took our "Straw Poll" the vote was 4 to 3 against eminent domain with the Half Moon Bay representative absent. There is no doubt in my mind that if Betty Stone were present, she would have voted against eminent domain as well. There were 5 abstentions, Appropriately, the three members of the Open Space District on the Advisory Committee abstained. Audrey Rust, from POST, which does not use eminent domain to acquire land, abstained as well. And, Rich Gordon, did not vote because he will vote later when the Board of Supervisors hold their vote. Of the three who voted for eminent domain, Chris Thollaug, and Toni Danzig, represent no organization, only themselves. I don't know what happened to the Democratic process. It seems to me that if you have a motion, it is voted on, and it loses by a majority, then the discussion is over. I know that the South Coast voted against "Annexation", but because of the " Democratic Process", we have been forced to live with the Open Space District's expansion plans. Now we have abandoned the "Democratic process" when it comes to setting policy about eminent domain. I have been accused of being part of a " vocal minority". Disrupting, compromising, polluting, and corrupting the Coastal Advisory Committee, because I stand up for the property rights of land owners on the Coast side, and will not compromise on eminent domain. No one to date has FPOM : FOGLINE NUSERSERY PHONE NO. : 415 879 0843 Nov. 11 1999 01:04PM P4 2 persuaded me that the Open Space District would collapse without eminent domain. The underlying context of seizing people's property to create more open space in an area that already has over 135,000 acres of open space is in direct opposition to every fiber of my being. The open Space district wants us to believe that they are protecting us frorn greedy developers, and yet they themselves are a developer. They buy and sell property, have rental units, subdivide pieces of property to maximize profits, and develop the property that they acquire in ways they think best, while they decide how others are to use their property. They still hold power over the Nun's on skyline, and have a final say on what the Nun's can, or can't build on their property, and have left the Nun's with the use of less than 10% of the original property that they purchased. We took a vote last night and the majority who. cast votes were opposed to eminent domain. In fact we took 3 votes last night and eminent domain lost all of them. I believe that the Coastal Advisory Committee is being held hostage. It's being held hostage by a few individuals who don't represent anyone, have no one to answer to, and are out of touch with reality, and the wishes of property owners on the coast. There was a thought expressed last night, that, taking eminent domain out of the picture at this point is premature. I would ask the people who hold that opinion if they ask their dentist if he uses novacaine before, or after, he works on their teeth. I can't support an Open Space District that uses eminent domain to seize people's property. And, I can't see developing policies and land acquisition programs, until we have eliminated eminent domain as an acquisition process. We have an offer of compromise on the table. We have offered to support the Mid Peninsula Open Space District's annexation of the coast , provided that they permanently give up eminent domain on the coast. Once they agree to that, we have offered to support them through the annexation process. Until that is done, I can't support the Open Space District, because I don't believe in their policy of eminent domain, and their right to seize people's property. Chris Thollaug said early on," it it is a question of all or nothing, then frankly I want it all". Will he and MROSD settle for nothing, because The open Space District and a few individuals had to have the right to seize property as a part of their acquisition program- I believe that we can have a successful open space district, like they have in Sonoma, without F:PO 1 : FOGL I NE NUSERSERY PHONe NO. : 415 879 0843 Nov. 11 1999 01:03PM P2 3 the power of eminent domain. We can acquire property from willing sellers, and through conservation and agricultural easements, to protect the valuable scenic assets of our coast. We can eliminate eminent domain, respect property rights and still have open space. The people of the coast have done a great job taking care of our land . There is much that the Open Space District could team from the land owners on the Coast. I believe in cooperation, not intimidation. For me, it is a matter of conscience. Until I see the supporters of eminent domain tearing down their fences and giving their neighbors and communities the use of their property and homes for trails, scenic views, a shortcut to the beach, or campgrounds, I'm not going to suggest or support the use of eminent domain on the coast to take away my neighbor's property or their rights_ 03 MM 11i�*#%mab 11'10/99 15:15 FAX 6507264495 _ SMC FARM BUREAU l�jpl M'idpeninsula Regional Open Space District and Coa_stside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree,that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its k E e coastside. c S /2/— c' ate.. �n/ � 9yoTY I's - IX�� pow od'0 Please%M to: William Cook OR Stan Pastorino P_O_ Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 �-� Fax 650-879-9202 650-72 057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU Z 02 1Vfidpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area_ We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree,that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a wanner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the cvastside_ L 11Qr3a f s Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-979-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 03 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We,the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. Qa � e"ircy�Q � -Z6AW C ZIiA�rl Gft- isnatum Printed Name Address `T`gA(-- lOOfio C#, ure Printed Ntune Address CJv Signature Printed Namc Address ex maw Signature Mntcd Name Address Printed Name Address gnature Printed Name Address ignaturc Printed Name Address i urc Printed Nano Address 5i Print d Nsmc Address Signature Printed Name Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BL?REAL' Z 04 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area We acknowledge that we share many con-union goals, that the District could bring significant benefits to the coasulde, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potencal use of eminent domain on the coastside by the District is jeopardizing-the success of the proposed ;annexation and we further recognize that our common goals can be more eactively achieved.without the use of eminent domain. We therefore agree. that should the Dssnict Board pledge to permanently remove eminent domain from its policies in the proposed annexation area M- a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned. will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonabie tax to assist the District with its work on the coastside. r Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay,CA 94019 Fax 650-979-9202 Fax 650-77.6-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU CQj05 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use-of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain- We therefore agree,that should the District Board pledge to permanently remove eminent douiain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. �•�.! /�7 Say► ►�nr1Ll� Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero,CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 116 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a mariner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. 19 JI FIT ZY'/Tay la'0E � It'[_ Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signmure Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed dame Address signature Printed Name Address please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 i 11/10/99 15.15 fAX 6507264495 SMC FARM BLTREA17 Z 07 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the co side. 4'e. orsso¢t..�� (ZO l Srh*t IA tea Signature Printed Name Address Sipaturc Printed Noma Address Sipawe e Printed Name Address Signature Printed Na nc Address �'t 4Gl19 Signanrre Printed Name Address 1AAFT icy .d 9,v4r,/• f_ �f Signs Printed Name Address F" RAW0, A 4 1 Sr Printed Name Nddms MAO ` Si urure Printed Nerve Address G _ f U aIr Signature Printed Name Address Signature Printed Name Address /41►� Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10!99 15:15 FAY 6507264495 SHC FARM BUREAU f�J08 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain We therefore agree,that should the District Board pledge to permanently remove eminent domain from its poiicies in the proposed annexation area in a manner that is secure and acceptable .o ''both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best e$vrts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. c . . Please return to: W'lliam Cook OR Stan Pastorumo P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-7264057 11'10!99 15:15 FAX 6507264495 SMC FARIX BUREAU V) 9 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we finrther recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manor that is secure and acceptable to bath the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. 1 ` Signature Printed Name Address Signature Printed fine Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Sigtarre Printed Name Address Signature Printed Name Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU Colo midpenin_sula Regional Open Space District and Coastside Residents Cooperation Agreement we,the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of emi=u domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tar to assist the District with its work.. - o//n��the coastside. / Signature Prised Name Address o .y91 s C y n 2 �iSnature Primed Name Address C.5 Sign Printed Name Address Signature Printed Name Address Signamm Primed Namc Address Signatmt Printea Name Address Signature Printed Name Address Sigdature Pnated Name Address sivianwe Printed Nenc Address Signature Printed Name Address Please return to: William Cook OR StanPastorino P.O. Sox 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-t057 11/10 99 15:15 FAX 6507264495 SMC FARM BUREAU �11 Mtdpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area- We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our M support for a reasonable tax to assist the District with its work on the coastside. aaA �it C mL,-- .ems Av 11 A 14a ! Ao,v Printed Name Address siparure J Printed Name Address Sign=re Printed Name Address ?.2lu& yL I/i3Ot7 �s%=Gc%i' ' sig==C Printed Name Address l ,�} (� t ->(+� '4 W f4Pt !-! V1�u-Dr. 5rgtlaiLre Printed Name 1 Address L rTV0.�T Si Printed Name / Address Signature Punted N=e Address ' , (AJ 6ff- IIANN moaq—AA Signature Printed Name Address S'tgnattue Printed Name Address Signature Printed Name Addr s Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero,CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 �11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 12 N idpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential.use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. Si Printed Name Address Ir �'f -I& U-L4AQ-4 Ole— Signature Print Name Address r e4d-e 971,, Qtanue ttted Nam Address ��e� � . !�'t{�C-�'' [TI/v'`d t✓ 'tic-�t� Si Printed Name // Address Z' /tC�o /CJ ccr��,m w �r, ��� ����► Si Printed Name Address J gnu= �` f^[qT '"LJ S Printed Name Address Signarure Printed Nsnc Address Signanue Primed Namc Address Signature Printed Name Address Sigttaturc Printed Name Address Please return to: William Cook OR Stan Pastorino P.O.Box 913 12491 San Mateo Road Pescadero,CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15_ FAX 6507264495 S►iC FARM BLRE:1i___ __. _ Z13 __. _ Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We,the undersigned,agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastsidc, and that coastsidc residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed atuxxation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. oc 3 Rats, ft-SroZ D Si ure Mnted Name Address 5igauture Printed Name Address Si Printed Name Address IrWA M &x� P6scAb(---ZbCA C;4U-0 Sigfiuurc Printed Name Address gn Printed Name Address Sip.tuue Printed Name / Address v R-P C �� M-10 !�IN�JATa �4D �h Printed Name Address Jim S' Printed Name Address �qT Tosox foo Pe6csdwio i gnawif Printed Name Address 5igneture Printed Name Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadem, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11-10199 15:15 FAX 6507264495 _. _ S'.MC FARM BUREAU _ 14 ,f Midpenir s Regional Open Space Dist rid and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our folk support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. lsl�" 106 p&,Walas s.6. 9yo7y Si Printcd Name ff1 Z44� L Address Si�sature Printed Name Address h re � � rco �1 c G Q� g417 Signature Printed a Ad / E-0 esco J+-C� Ptj-r is, CkQA Signature Printed Name Address (J �-A n t Printed Naznc 'Address �trPts►n I73d Se �br�U � +4w. - Cf, c. � i i Printed Name Address Sim re Printed c Address G ems, , e Printed Name Address Printed Name Address r� i e Printed Namc Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero,CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU C�1S Miidpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we fluther recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area is a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will aLw pledge our full support for a reasonable tax to assist the District with its work on the coastside_ }} �h I S A � Sigtanue Printed Name Address VVV Si Printed Name Address 7' f . ign Printed Name Address Sigrtanuc Printed Name Address LfIA ante P , Name Address Signature Printed Name Address [ Printcd Numc� Address R wM• U YL.N� �,l Sign Pnnted Name Address cr:W• ?.tom Signat c P rated Nme Address �hh i•6 z h r� / o arurc Printed Naas Address 9�3 � Please return to: William Cook OR Stan Pastoriuo P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Far 650-379-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 1616 Kdpenins-ula Regional Open Space District and Coastside Residents Cooperation Agreement We,the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and searing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District, We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned. will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. 0,4� "" , 9f to)5 5' azure Primed Name Address S-yntatum V 'e'dfNamc %Addk V Si Prig Nance Address y VOleyl ;/77 il� a Sim Panted Name Address Xff SG0W e I mevl�F- y C C, Sigoatuto Printed Name Address r bLa.!2� SML A t�.—W lT 14� SigFtattue Printed Name Address L-e-J- 1 'urc Printed Name Address Igrattue Printed Nattic Address Signature Printed Name Address Signature Printed Name Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15_ FAX 6507264495 SMC FARM BUREAU 1617 ?�dfdPt aula Regional opaa spim Dtstrlat sod Caestsj&R ddem Cooperation Agreemnil We,the umiawpok sgrre that t&District wW couatdde resideWs have the poftlial to be c= cnt p U=" is sbapitg cad soot &g the 5rttue of the coami&area. We acwwiedge tha we shm many eomman goela, that the District could brtimg zqpn5mm benc& to dte cosstaic}e,amd fleet coastsidt rrsents could offs algteetYt beaefts to the District We also recogaixa that OWN= over the pAWW ase of nmb"M domsin on rite coeatside by the DWticE is jeopnidizittg the success of the proposed Minn and vM $zr= recq*w drat our mammon Soak can be more effectively gobwnd without the use of amine2 domain. We dmiDr1 egme, that should the District Board pledge to pamweatly retnevo =hvft domain $vm its poficies is the proposed motion area in a manner that is soctue and acceptsie to both the readelds cad rho Diatriat (posably in the T-AFCO process), that we, the cndcndgaed, wtlL immediat* p k* our In support and best efforts to assist the District through t hD a mm=n Mean and that we wM also pledge our full support for a reasonable tax to assist the Dlsft�with its work on the coasai& s� N� Address - O 6 9i�aee Prhmd Nome Addrm� scps= Prt Nw" Add" d -+ry Wl.yUr� L 'Fo ti Pitued W= Addma Stems Nfftd Name Ad&= �fr'^AM-d Pri Nsma Ad& pro/.� A PriiaedTrame Addm= C 9 l LM si Prl None Adorn C—C-L awl 5i Psv Md Arts Pfeaae rman to: Wi3 hm Cook Olt Stan Paarorino P.O.Box 913 12491 San Mateo Road Pnscadew, CA 94060 Half Moon Bay, CA 94019 Fax 630479-92a2 Fax 650-7264057 11/10.99 15:15 FAX 6507264495 SMC FARM BUREAi- _ @JIn Nfidpeninsula Regional Open Space District and Coastside Residents Cooperation Agreemem We, the twdersigned,agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coasWde area- We aclmowledge that we share many common goals, that the District could bring significant benefits to the coastside,and that coastside residents could offer significattt benefits to the District We also recogn= that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed aaa+exad u and we furt= recognize that our common goats can be more effectively achieved witlmut the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. k.otd �crzst Or vr-, A(�f�c� Sign etu Printed Name Address JArJ C a ry 6 cf?- �o� Printed Name Address � '0'� w F l2A s(--►e 40 SPL>uC SE �Ct Seor y Sign Printed Name SoK Signature Printed Name Address signature Printed Naunc Address Signature Printed Name Address Sigmure Primed Nerve Address Signature Printed Nwnc Address signnture Printed Name Addrem Signatwe Printed Name. Address Please return to: William Cook OR Stan Pasto6w P.O.Box 913 12491 San Mateo Road Pescadero,CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10.99 15:15 FAX 6507264495 SMC FARM BUREAU i�19 .Wdp=iw&Regional Opw SPaca DWriat and Coeatside Residents Cooperation A, mem mt we,the undersigned,agree that the District and coastside residents lave the potential to be excellent parwers in shaping and scouring the future of the coastside area. We acku wledgge that we share many common goals, that the District could bring gignifwwt benefits to the coastside, and that coastsidte residents could offer significant benefits to the District- We also recognize that conflict over the potential use of amMwt domain on the coL"de by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent[domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that w-e, the undersigned, will immediately pledge our fall support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the eowwde. &Ai- i6u1 - Si�tsrnua Primed Nerve Address s tR HWn Sig<tentre Prima Name Address ALry if a-Z / Al'-_ pic- Prirmd Nano Address 4 v Si Printed Name Address Slgnamrs Printed Name Address Signature P n%-dName Address Signnture Primed Name Address Signature Printed Name Address Sipnturs Pnntad Name Address Signnwre Printed Name Addressr Please remm to- William Cook OR Stan Pastorbw P.O. Box 913 12491 San Mateo Road Pescadrro, CA 94060 Half Moon Bay, CA 94019 Fax 650-379-9202 Fax 650-7264057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU f�j20 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential.to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. v. Signature red Name Address Signature Printed Name Address � nos y L P. re Primed Namc Address Printed Name Address trw Sign ure 0rInved Name W Address Da S OOD �"Zle 7 Signature Primed Namc Q Address v /o al & Signature Printed Name Address % J>ONVA M. RICNI✓ oN 380 CG y Signa Printed Name Address Eu r )t W, 3gOa Ccov��J J. signature Printed Namc Address C. S � L. Signature Printed Name Address Please return to. William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10 99 15:15 FAX 6507264495 SMC FARM BUREAU 21 Midpeninsula Regional Open Space District and , Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coasWde residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we filrther recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. o 04f 13,:,5To 40,11. ggOZO Prim Name Address J C" Sigiru a Printed Name Addre,s Sign P nted Name Address at,1�� 69,Z 9y�bo qkULLUrt Printed Name Address Signature ' Printed Name Address Jl- Signature Printed Name Address � Signature Pranced Namc Addre's; i $igna Printed Name Adds s r• Signature Printed Ncune Ady;,- Signature Pu&ted Name A edress Please return to: William Cook OR Stan Pa-,torino P.O. Box 913 12491 man Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 22 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We,the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its wor on the coastside. %2Z 11 Si tore Printed Name Address Ai+konjq -TS?-Az,L S001 S+49F- 10 C� Cam' Printed Name Address ign8tute Printed N c Address tL4--, 1 ct!9 PES�+4;]Leo 'l�h. Sigaatwe Printed Name Address 16L L 7eli Sigta Printed Nm A dd Sipature Printe Name AddressA 1 %orl �o rrc �S ODIC 4-7 4149 "e Signature Printc044C Address (� SignanLre Printed Name Address � er-t .( 014e>1 P6 l�SCaok� $' tort Printed NamJ Address g g &prap Signattue Printed Nutne Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share marry common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LA1~CO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we wdl also pledge our full support for a reasonable tax to assist the District with its work on the coastside. K CPX go Pe Si alt� Printed�N Address TAW &X 76 G, p5ak* igrraturc Printed Name Address " I` r siJdatuTc ptinted Name IAddress ? W,J�-- Rc r Kq'I t Pd� E0X7I Y �SC� Q,ry cc, Signature Printed 14ame Address Signature Printed Name Address Signatur Printed Name Address ��'ScAc r o t u -0- �4�oCG Sign Printed NBttYC WC551 �� Splanur Printed Name Address Pa� 8�� 2� PCscat�GF gyp�a Signature Printcd Namc Address Si Printed Name Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay,CA 94019 Fax 650-879-9202 Fax 650-726-4057 11!10 99 15:15 FAX 6507264495 SIC FARM BUREAU 24 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain_ We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process),"that we, the undersigned, will in diately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. ignauure Printed Nume Address TNo,S s 76 Signature Printed Naane Address igttita>IG Pnntc G Address a a'5{ l e Tinted Name ;—� Address Signature Printcd Nome A ess L a�trin L SQL 11 L��e .gn ure Printed Name Address Si Printed Nam Address l t p L L EEC ignelwe t N Address i�, Pesc. Si a Printed Name Address r rAVE Signature Printed Name Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay,CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 „ FAX 6507264495 SMC FARM BUREAIT Uct—d a 1999 @9:54p, PS Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents bave the potential to be excellent partners is shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coasuide residents could o5r significant benefits to the District. We also recogniac that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the me-cess of the F:orosed annexation and we firrthrr recogize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permaneWly remove eminent dormin from its policies in the proposod annexation area in a manner that is secure and acceptable to both the residents and the District (pomi.71y in the LAFCO process), that we, the-undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we wzfl also pledge our full support for a reasonable tax to assist the District with its work on the coasuside. A A r-fv IL 10' IVV-T� I Si Printed Name Address =�02 -to ` te Unf�,---a�a Prin ame Address sip}�amm Printcd Name �" i Addrcn �7,cscot'� C/�<'9{1t76c7 U �f(r0a- A;N Si Printed � fed N}.ame I Printed Na R Oca a>= C) Signartre Punted Nmmc Addms �Cdn�i SigwWwrc Printed Nome Address Please return to: William Cook OR Start Paswfmi o P.O.Box 913 12491 San Marco Rnad Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-379-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU :6 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned. agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area_ We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, wr71 immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. oscnCl1 fix-, , Pe si5a&ro (A.4z-- — Printed Name Address o A0 snature Printed Name S°Q E7 /'fa11Ow/ E GHQ'/s=0 94Nignature �1 Pnnted Name + Address6t'� �7�on pw' r O 9, eds — 6 DSignature Printed Name } Address j� o D Pe-5 14 C' 0 & (t Signature Printed Name Address �'�- loth f yen kl nr1 r P 0 .box '3CI tic, era Signature Printed Name Address Signature Printed Name Address Signature Printcd Namc Address Sigr ttrure Printed Name Address Signature Printed Namc Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 27 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain_ We therefore agree, that should the District Board pledge to.permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work o side. �4 Signature Printed Name Address et`cmtM o,h, Si Printed Name Address eel eOO Qkip 5ignaturc Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 rKUI'I -lOeaC_ lcr:5MKFAY_65072644AU,LH h-HK NU. S►4CbFARM ryL�0795 Oct. 07 Z:$ 1999 08:SaArt P5 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agree=nt We. the undersigned, agree that the District and coa,tside residents have the potential to be excelimt partners in shaping and securing the future of the coastside area We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coast_side residents could offer significant benefits to the District. We.also recogrri= that conflict over the potential use of eminent domain on the coasiside by the District is jeopardizing the success of the proposed amwxation and we furrher recognize that our common goals can be more effectively achieved without the use of=in=domain• We therefore agree, that should the District Board pledge to permanently remove eminent donuin from its policies is the proposed auuexation area in a tt=ncr that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the pnwxarion process and that we will also pledge our M support for a reasonable tax to assist the District with its work on the coastsidr. j 9 a a Pet. 62-oi-/ ed -t a (.0 d Signirure ed Nvnc -• (Ir " vVe �'�-c�.o� ram- oec / C'�1 Ca- sigmince Prinsnd Name Sig�tsaotee Printed Name Address Si$uaoc Printed Name Addrt33 sivurim Primed Nast r Address Signanne Prinwd N=c Address 5iMULuro Primed Nome Address ��1i�T11r� ___ If�rMrd'11nwn — �,JJ•i. Please return to: Wiliam Cook OR Stan Pastorino P.O. Box 913 12491 San Matco Road Pcscadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 I 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU MidpenWula Regional Open Space District and CowUisde Residarts Cooperation Agreement We, the undersigned, ague that the Aismct mud cot stsidc residcrns have the potential to be excellent p$rutetz in shaping and securing the future of the coastside areas. We acknowledge that we share many common goals, that the District could bring signi&mnt benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our conuaon goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to pcnwneatly remove eminent domain from its policies in the proposed annexationi area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned. will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our foil support for a reasonable tax to assist the District with its work on the coastside. ZZf W�—� - —Z' Slgrraturr Primed Name Address 9�o.7 Printed e Address Sigtsarrre Primed`tame Address Sigiatwe Printed Name Address Signarum Printed Nanc Address Signature Printed Vann �.idress Sigwwt .irc Printed Name Address Signature Printed Varmt %.ddres3 SIVwnre Primed Name Addrr�s Signature Printed Name Addrm Please return to: William Cook OR Stan Paszorino P.O. Box 913 1�491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-920' Fax 650.726.4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAL' �J30 • f ILL . .. - ,' - i:�..�r "�i'��tl��- M r. '' -• __ .- ... - •Yam• •,�•!1 '••i't••: -.n-�:�' October 21, 1999 Dear.Supc visor Gordon&Coastal'Advisory Committee .;,.. .:- As-concerned property owneis of 8?acte 6� the.South-Coast, we are•compelled to express our , - thoughts via this note since we arse unable tc- ttend'the upcoming'meeting of the Advisory /+.�,�,�,,} ee:;niOctober 26th in Half Moon Bay - - W+�itt ,* J� - xr SL '" _ '<• w'-, y r,`;:1F..'�y����„a. -}l�' r • - .� .ua' '14"WC Canac�r" ►fit"tti�;fact that we are going to lie taxed•for the M peninsula Iteg�oiial Open Spgce Distnet to,talceovcr existing open space- However,we r� ofS2t or condo the power of em domain r.- f. tespectfuiV Submitted, --Tom Annie Hines' ; 70 'Ruich Road West,Pescadero,CA•94060-0096 '(650)879-011-1 '•FAX:-(650) 8'1$%56_ 11/10/99 15:15 FAX 6507.964495 SMC FARM BUREAU Z 31 FROM CASA MARIPOSA MANAGErt PHONE NO. . 650 979 9202 Nov. 10 1999 10:04AM P01 Midpeninsula Regional Open Space District and Coastside Residents Cooperat.ion Agrecmeni We,the undersigned, Qgree that the District and constside-residents have the potential to be excellent partnexs in shaping and securing the future of the coastside area. We acknowledge that we share a"y common goalie, that the District could bring significant benefits to the eoastside,and that constside residents could of er significant bcncftt%to the District. We also recognise that conflict over the potential use of eminent domain on the constside by the District is jeopardizing the sueeeas of the propoicd annexation and we further mogniu that our eorrunon goals cm be rnorc effectively achieved without the'use of cmiwnt domain. We 0=efore agree, that should the District Board pledge to perinartcatly remove erninent domain from its policies in the proposed annexation area in a manner that is securr and acceptable to both the residents and the District (possibly in the LAFrCO process), that we, the undersigned, will iizux,ediately pkmdge out full support and best efforts to assist the District through the annexation process and that we will also pledge our Rill support for a reasonable tax to assist the District with its work on the coastside. i Printed Name Addhas Prhftd Nature Addrco# Sipf attae Printed Name +d(km loe Prin Name Addrtsa �4 Q L�O� �rSCC►t�flyd 5[�tMt:rc t Printed Nanio Addtesa Y n c-, /!'l gi�„ty1e Printed Nome Address Si�tRtwc Printul Naive Address 81�awro Printed Name Addmas 8lg►stvrt Printed Nam Address Printed Nance Addnm Please return to: Wilds:Cook OR Stu Pastorino P.O.Box 913 12491 San Mateo Road peseadera, CA 94060 Half Moon Bay, CA 94019 T--ax 650-879-9202 Fax 650-726-4057 11,,10199 15.15 FAX„6507264495 _ SMC FARM_ BUREAU __ Z32 1Viidpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We,the undersigned, agree that the District and coastside residents have the potential to be excellent partners m shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. Si Printed Namc Address n tgtwt Pnnted Name Address Signature Printed Namc Address lei' b G✓ ��oZL 5ignatwe Primed Name Address r/J signature Printed Name A Printed Name Address i Printed Name Address Sa P.0 c3�� is� c -9 yo-:A( si a Printed Name Address �`Lr-. P ✓G ��yf/L`d e.r�d Signature Printed f4ame Address sigmature Printed Name Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650.726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 933 + w MCidpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We,the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside,and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more e&ctively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to bout the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. Si c Printed Name ante Primed Name Addrew k&611 tgnature Printed Name Address / gnarute Printed Marne Address Sign Printed Name Address Signature Printed Name Address Sig=ure Printed Name Address Signature Printed Name ,address Signature Printed Name Addr=5 signature Printed Namc Address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pesc:adero, CA 94060 Ralf Moon Bay, CA 94019 Fax 650-379-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 34�- —T - --- -- - ---- - o NUpeninsala Regional Open Space District and coastside Residents Cooperation Agreement We,the undersigned., agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we fiuther recognize that our common goals can be more effectively achieved without the use of eminent domai[�. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its ork on the coastside. c ll O Secsr+n S` T'zo '(��YC Signature PrintedNarnc Address jS L okO-A)C C' t Niue !6,-2 C U E S i A Q£9e- L/`I 1-1471J-O y Sigtantrc Pt- Name Address - C '!0.1 4A At", /�k4 RAd t4 - anojo&106�1r'i ignature Printed Name Address o G ,,4,4 ..U_r Signture Printed NamC -� Address / `f Ia"(1 r it , S71A'*'A�y Printed Name Address � �5i alto tinted Name Addr 2-' Si Print it Name A dress N Signa nrcd'Name A dr Signature nt Address Signature Printed Nam address Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero.CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/.99 15:15 FAX 6507264495 SMC FARM BUREAU f�s5 Midpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partx= in shaping and securing the fiiture of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District, We also recognize that conflict over the potential use of eminent domain on the coas;W& by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the c asts' ` �7 e Printed Name CJ o 7 j-, Site[Ule Printed Name Address r �'-I C-X[ CWk'�7-er-2 Xf)W�( V / -Y si a Printed Nam, am Address A A2&A 5ignutw Printed Name Address tx� 0—t��'-4 R C�2 Si Frinmd Nance Address �i at Printed Name Address Si Printed Namc A , Z4 , 11"L404P61�> 6�� Printed Marne Address G. / S�gAattu-e Primed. nine � s Sitgtawre Primed.Namc Addms Please return to: William Cook OR Stan Pasrorino P.O. Box 913 12491 San Mateo Roast Pescadero, CA,94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SXC FARM-BUREAU 36 NEdpeninsil Regional Open Space District and Coastside Residents Cooperation Agreement We,the,undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we fzuther recognize that our ` common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our RW support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. PM 9yaz� Si at Printed Name Address tZ parwe rinsed Name Address t j 70" SO u-Z:N '7612 r_A 40"d V.d ign Printed Name Address (/W� / Si-M a Printed Napw Address \�y Sigt rinsed Name dr s �` bigrtaturc Primea Name Address �i J ,r C/ ignn:ta P filed N E Address 5 ure �'7 '1 a Address n� 1 Ft Al 0 (a Cf-(�N.O e, S & S Pri tcd N c Address r Primed*dame Address Ple-ase William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-379-9202 Fax 650-726-4057 ^_ 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU _—?37 Miidpeninsuln Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned, agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our common goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its on the coastside. ` y C Sign Primed Name Address q L ZDUMO-e-Rd Sigwttuy'� Ptirned Name Address S' a r PnntidNamc Address /23 Si;n a Printed Nerve Address '-'0�6( �c�v Sigia= Printed Name Address PZZ / Signsure Printed:name Adiiraii lOR Sigma= Printed Name Address 5i U e � � Printed Name Address CJ��CL ji acute Printed Name Address YM ignaturc Printed Name Ad&rlr Please return to: W-d liam Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Tax 650-379-9202 Fax 650-726-4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 58 ndpeninsula Regional Open Space District and Coastside Residents Cooperation Agreement We,the undersigned, agree that the District and coastside residents have the potential to be excellent parmers in shaping and securing the future of the coastside area. We acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District_ We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizing the success of the proposed annexation and we further recognize that our coalman goals can be more effectively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to perrnanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned, will immediately pledge our full support and best efforts to assist the District through the annexation process and that we will also pledge our full support for a reasonable tax to assist the District with its work on the coastside. '4 Printed Name UAddress / Signature Printed Name Address signtuure Printed Namc Address Signature Printed Name Address Sigtuuure Printed Namc Address Signarum Printed Name Address Sigri:urc Printed`Jame Address Signature Printcd*4arnc Address Signature Printed Name Address Signature Printea Narne Address Please return to: William Cook OR Stan Paaorino P.Q. Box 913 12491 San Mateo Road Pescadero,CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 F= 650-726-.4057 11/10/99 15:15 FAX 6507264495 SMC FARM BUREAU 79 Midpenimula Regional Open Space District and Coastside Residents Cooperation Agreement We, the undersigned,agree that the District and coastside residents have the potential to be excellent partners in shaping and securing the future of the coastside area. we acknowledge that we share many common goals, that the District could bring significant benefits to the coastside, and that coastside residents could offer significant benefits to the District. We also recognize that conflict over the potential use of eminent domain on the coastside by the District is jeopardizbg the success of the proposed annexation and we further recognize that our common goals can be more e&ctively achieved without the use of eminent domain. We therefore agree, that should the District Board pledge to permanently remove eminent domain from its policies in the proposed annexation area in a manner that is secure and acceptable to both the residents and the District (possibly in the LAFCO process), that we, the undersigned. will immediately pledge our fu11 support and best efforts to assist the District through the annexation process and that we will also pledge our bill support for a reasonable tax to assist the District with its work on the coastside. 4:x 6 ra q- tgiarurc Printed Namc Address SigTtaiure Printed Name Ad ps. C)- Scr re Q Pnnted Name Address Siranuc Printed Name Address Signature Pnnted Name Address Signanwe Primed;Name Address sigm:tue Primed Name Address Signature Primcd'Namc Address Signature Printed Nrune Address Sigsnue Printed Nume AddMs Please return to: William Cook OR Stan Pastorino P.O. Box 913 12491 San Mateo Road Pescadero, CA 94060 Half Moon Bay, CA 94019 Fax 650-879-9202 Fax 650-126-4057 Post Office Box 64 Moss Beach,CA 94038-0064 Phone:+1(650)728-9500;Cell:+1(415)370-3897 e coast Community Council Fax To: Midpeninsula Regional Open Space From: Paul Perkovic, Chair District Fax +1 (650)691-0485 Date: November 10, 1999 Phone: [Click here and type phone number] Pages: Cover sheet plus two pages Re: Resolution re: Eminent Domain CC: [Click here and type name] 0 Urgent ❑For Review ©Please Comment ❑Please Reply ❑Please Recycle -Comments: Mary Hobbs will be attending tonight's MROSD Board of Directors meeting and will present the Midcoast Community Council's position regarding eminent domain. Midcoast Community Council An elected MurnapalAdvisoty Council to the San Mateo County Board of Supervisors Serving I ZOOO coastal residents Post Office Box 64 Moss Beach, CA 94038-0064 Office Fax: (650)728-2129 http:I/mcc.sanmat**.*rq 10 November 1999 Council Members Midpeninsula Regional Open Space District Paul Perkovic,Oha�, ',30 Distel Circle (650)728-9�00 perk@,niordamcom Los Mtos,CA 94022-1404 -Mary Hobbs, (650)729-5012 tIjzYg,fflofltW&coal Laws Stein.ac,eta?y 100)712-0225 Re: Resolution on NIROSD Policy on Eminent Domain for the Coast lauramclaughfin(o Worldnet.aftnet DoIld Spigelman,1"easwo, (650)728-1714 Dear Honorable Board Members: dave-s#coasNide.net Hfil Deron, (650)712-8185 The Midcoast Community Council has been following the discussions and deliberations of the bffl(�Pdffowcom Joe Gore Coastal Advisory Committee(CAC)through our elected representativeINbry Hobbs,since the (650)726-1550 threezero(gaol.com formation of the CAC. At our regularly scheduled meeting on Wednesday,27 October 1999,the Ric Lohman Mldcoast Community Council unanimously adopted the attached resolution. We hope that you (650)726-9607 blohman�&,coastside.act will be able to consider our perspective duning your consideration of the eminent domain question at this evening's Board meefing. Standlill;Committees Parks and Recreation Sincerely yours, Mary Hobbs,C�aa Planning and 7Aning Ric Lohman, Paul Perkovic,('hair Public Works Joe Gore,Chair cc:Rich Gordon.Chair,CAC Midcoast Community Council to Midpeninsula Regional Open Space District- 10-November 1999 -Page 2 re: Resolution on N4ROSD Policy on Eminent Domain for the Coast Resolution of the Midcoast Community Council(MCC)to the MidPeninsula Regional Open Space District (,NIROSD)regarding the use of eminent domain The %, Ildcoast ConiniumtV Council urges the MROSD Board to hold the Coastal Advisory Committee (CAQ to completion of its original mission by requiring that the CAC bring the requested package of recommendations to your Board before you vote on their recommendat ions, The Midcoast Community Council acknowledges that there may be a benefit to the ,Midcoast for the MROSD to retain limited powers of eminent domain: There are significant properties in the hills and along the coasi that are privately owned,that are a def�cto open space on the Nlldcoast. Public ownership with public access on these properties is a high priority for the residents of the Midcoast for the NIROSD upon its expansion to the coast. The fact remains that eminent domain and the possibility with eminent domain of friendly conderrination. may be an important toot in achieving this goal. The, Midcoast Community Council acknowledges that there may be a benefit to the Midcoast for the MROSD to agree to remove eminent domain from the powers of the District: A significant number of landowners and residents on the coast oppose the retention of the power of eminent domain and have pledged to support the cxpansion of the District to the coast and to support the passage of a ftinding tax on the coast if eminent domain is permanently removed. This would be a very important base ot'support tbr the expansion ofthe District to the Coast. The Midcoast Community Council requests that the Coastal Advisory Committee complete the work that was delegated to it by the MROSD Board: I Land acquisition, focusing on alternative methods of preservation such as purchase of conservation casements; 2. The policy of eminent domain, 3. The policy of agricultural use, focusing on ways and means of preserving agricultural use on the coast, such as purchase of development rights or agricultural conservation casements; 4. Other policies as identified in the future. Only when those recommendations have been made will the Midcoast Community Council be able to weigh the pros and cons of retaining eminent domain powers. We will reconsider this issue when the CAC has completed its package of recommendations. Regional Open liace 1 1 .+r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 15, 1999 Honorable Members, Monte Sereno City Council City of Monte Sereno 18401 Saratoga-Los Gatos Road Monte Sereno, CA 94030 Re: Genn Property Development Review Dear Council Members: At your November 2, 1999 meeting, the Midpeninsula Regional Open Space District requested a continuance of the Genn property proposal to provide our staff the time to visit the site and comment on the plan. We have since completed our investigation and would like to offer the following comments: Open Space Values The property is desirable open space, although not regionally significant because it is mostly surrounded by residential development. The southern portion of the 26-acre Genn property contains an lush riparian corridor that provides valuable wildlife habitat. The area is characterized by steep unstable slopes above a perennial creek that bisects the property. The slopes are mostly undisturbed and densely forested with oaks, bay laurel, and sycamores. Development Potential The property is located outside Monte Sereno's Urban Growth Boundary and in the unincorporated area of Santa Clara County. The property is zoned Hillside which would most likely provide for the development of one residential dwelling unit with access from Overlook Road. It is the District's opinion the property has remained undeveloped over the past 25 years because of development constraints such as steep and unstable terrain, setback requirements and lack of feasible access from Overlook Road. Withey Road Access Providing access to the property from Withey Road could promote the property's development. This access could be growth inducing because it is uncertain whether the property is developable with access from Overlook Road under the County's zoning ordinance. The District feels that the project should stay within the County's jurisdiction and open space easements reconsidered at the time an application is submitted to the County. Alternatives On the other hand, if you do decide to approve the driveway access from Withey Road, then we would encourage you to do it under the condition the property is annexed into the -130 Distel Circle e Los Altos, CA 94022-1404 • Phone:050-691-1200 ; FAX:650-091-0485 • E-mail: mrosdaopenspace.org • Web site:www.openspace.org Board of Oiw(tors:Pete Siemens,M,iry C. Davey,Jed(v,Deane Little, Nonette I lanko,Betsy Crowder,Kennoh C. Nitz •General L Crai};Britton City as a single building site so that you have the ability to approve the subsequent development plan. Under this scenario, the District would ask you to require a joint open space dedication to be held by the City and District. Annexing is important because it would facilitate a sewer connection and avoid the potential of a septic field impacting the open space area and riparian corridor. Annexing would also allow for further protection of the open space easement by allowing you to condition the project in a manner to maximize resource protection, such as environmentally sensitive setbacks and drainage requirements. Thank you for the opportunity to comment on this project and we hope our input will be helpful in your decision-making process. Although we would prefer the project stay completely within the County, we would look forward to working with you to maximize open space preservation of the area if you undertake annexation of the property. espectfu , rai ntton General Manager Cc: Board of Directors,Midpeninsula Regional Open Space District Regional Open )ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 9, 1999 Mailed to : adjoining neighbors Pulgas Ridge specific interest list Resource Management list (300++ people) Re: Resource Restoration and Habitat Enhancement Project at Pulgas Ridge Open Space Preserve Dear Neighbors and Friends of Pulgas Ridge Open Space Preserve: As a part of the long-term restoration effort for Pulgas Ridge Open Space Preserve I would like to inform you of the upcoming events scheduled for mid-November through December 1999. During this time area closures will occur within the preserve. Signs and barricades will be posted to inform visitors of dates, times and areas of closure. For your animal's safety it is advised that all visitors keep dogs ON leash throughout the preserve (even in the dog off leash area) during the time large equipment is in use. The objective of the District's restoration efforts, consistent with the mission statement and resource management policies, is to return the preserve to a more natural state by enhancing the native habitats of the preserve. The most important phase of the restoration project is to eliminate the most invasive non-native species: eucalyptus, acacia, and broom. Over time these plants crowd out native vegetation by inhibiting the growth of any vegetation beneath them, thus reducing the species diversity and habitat value for wildlife. Removing the invasive non-native plants is the management priority during this current phase of restoration. As stated in our restoration plan, we will be selectively removing trees (not clear cutting) to phase restoration in each management area of the preserve. Originally, the predominant ridgeline of the preserve with the large eucalyptus trees was going to be an area restored in the later stages of project. However, a recent opportunity to recycle these trees into paper has given this area priority for this year. Selected trees along the ridgeline w ill be removed, leaving some to provide shade for native plant seedlings. Large equipment will be used to remove the trees, at which time portions of the preserve will be closed for safety purposes. In December, following the removal of larger trees, volunteers will re-seed and plant the areas with native species. The California Conservation Corps will also be working during the month with a District representative to dispose of limbed material. ��O Distel Circle * Los Altos, CA 94022-1404 9 Phone: 6-DO-691-1200 FAX: 6,50-691-0485 * E-mail: mros(Wopenspace.or" 9 We[)site:vv��Nv.openspace.org Bwrd ot Dtrvoor�:Pete Sienwn,,Nlary C. Davey,Jed Cvr, ()eane Little, Nonette Hanko,Bet�y Crowder, Kenneth C.Nitz -General L Cr.iig Brittor 2 Restoration of Pulgas Ridge Open Space Preserve is a long-term commitment. In fact, the preserve has been a site for restoration since the removal of the abandoned tuberculosis hospital buildings in 1986. The removal of the invasive non-native plant species, and their replacement with native species, is a very gradual process expected to extend over the next 20 years or more. Each year the District makes an incremental step towards our objective of returning the native habitats to Pulgas Ridge Preserve. If you would like a copy of the Pulgas Ridge Open Space Preserve Restoration Plan Overview that provides additional detail on the project's objectives and methods or have additional questions, please feel free to contact me at (650) 691-1200. Sincerely, Aodilsaacs Resource Management Specialist 2