HomeMy Public PortalAbout20000412 - Agendas Packet - Board of Directors (BOD) - 00-08 Regional Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-08
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday, April 12, 2000
330 Distel Circle
Los Altos, California
Please Note: 6:30 p.m. Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
AGENDA*
ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT— CLOSED SESSION
The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session, the Board will
adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the
Regular Meeting, the Board may reconvene the Special Meeting Closed Session.
1. Conference with Real Property Ney-otiator - Government Code Section 54956.8
Real Property - San Mateo County Assessor's Parcel Number 072-100-020
Agency Negotiator - Mike Williams
Negotiating Party - Drew Perkins
Under Negotiations - Price and Terms of Possible Sale of District Land
2. Public Employment - Government Code Section 54957
Public Employee Performance Evaluation- General Manager
REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
ORAL COMMUNICATIONS - Public
ADOPTION OF AGENDA
ADOPTION OF CONSENT CALENDAR YL Nitz
APPROVAL OF MINUTES
2 January 26, 2000
a February 9, 2000
0 February 23, 2000
a March 8, 2000
I M Di,,tel Circle rcle # I o,, Altos, CA 940-12-1404 Phone: 650 09 1-1200
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Ho,m]of Oiw(tor,:Poe 4iemens,Nl,iry( . 1),wev,led(vr, Demle I ill1c, Nonette Hanko, Bet,N,Cromlei, Kennefli Nit/ -(wjwt,il hmmi!wt I raw tirittnm
Meeting 00-08 Page 2
SPECIAL ORDER OF THE DAY
Adoption of a Resolution Supporting Earth Day 2000, its Affiliated Events and Festivals, and
the Individuals and Organizations Active in Pursuing the Goals of a Cleaner, Safer, and
Sustainable Environment- C. Britton
BOARD BUSINESS
7:35 1 Proposed Addition of Bennedetti Property to Pulgas Ridge Open Space Preserve; Determine
that the Recommended Actions are Categorically Exempt from the California Environmental
Quality Act (CEQA) as Set Out in the Report; Adopt the Resolution Authorizing the Purchase
of the Bennedetti Property; Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in the Report, Including Naming the Property as an Addition to
Pulgas Ridge Open Space Preserve; Indicate Your Intention to Dedicate the Property as Public
Open Space- M. Williams
7:50 2 Proposed Acquisition and Addition of the Quam Property to Russian Ridge Open Space
Preserve; Determine that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act as Set Out in the Report; Adopt the Resolution
Authorizing the Purchase of the Quam Property; Tentatively Adopt the Preliminary Use and
Management Plan Recommendations Contained in the Report, Including Naming the Property
as an Addition to Russian Ridge Open Space Preserve; Indicate Your Intention to Dedicate the
Property as Public Open Space - M. Williams
8:05 3 Proposed Addition of Benson Property to Kennedy Limekiln Area of Sierra Azul Open Space
Preserve; Determine that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act as Set Out in the Report; Adopt the Resolution
Authorizing Purchase of the Benson Property; Tentatively Adopt the Preliminary Use and
Management Plan Recommendations Contained in the Report, Including Naming the Benson
Property as an Addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve;
Indicate Your Intention to Withhold the Property from Dedication as Public Open Space at This
Time- M. Williams
*** 4 Authorization to Solicit Bids for the Demolition of 14 Minor Structures at Bear Creek
Redwoods Open Space Preserve; Authorize Staff to Solicit Bids to Remove 14 Minor
Structures at Bear Creek Redwoods Open Space Preserve and Restore the Sites to a Natural
Condition -R. Anderson
*** REVISED CLAIMS
INFORMATIONAL REPORTS -Brief Reports or announcements concerning pertinent activities of
District Directors and Staff
CLOSED SESSION CONTINUED(if necessary)
8:30 ADJOURNMENT
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Meeting 00-08 Page 3
* 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 from the
Consent Calendar during consideration of the Consent Calendar.
Regional n we
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-02
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
January 26, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Ken Nitz called the meeting to order at 6:32 P.M.
Members Present: Nanette Hanko,Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane
Little (arrived at 6:45 PM), and Betsy Crowder.
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman,Del Woods,Mike Williams, Tom Fischer, and
Randy Anderson
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H. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of a conference
with Real Property Negotiator.
The Board recessed to Closed Session at 6:33 P.M. and the Closed Session commenced at 6:33
P.M. The Board concluded the Closed Session at 7:30 P.M.
REGULAR MEETING
III. K. Nitz called the Regular meeting to order at 7:34 P.M. He noted that no reportable action had
taken place in Closed Session.
Additional Staff Present: John Escobar, Deirdre Dolan, Malcolm Smith, Mary de Beauvieres,
and Peggy Coats.
IV. ORAL COMMUNICATIONS -None.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the motion.
The motion passed 7 to 0.
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1 W Distel Ciro e - Los Altos, CA 94022-1404 - Phone:050-091-1 200
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Meeting 00-02 Page 2
VI. ADOPTION OF CONSENT CALENDAR
J. Escobar said Claim 11-09 was for chain link fencing at Bear Creek.
N. Hanko removed agenda item 7,Annual Progress Report on the Use of Radar on District
Lands and P. Siemens removed agenda item 8,Report on Ranger Bicycle Patrol Program for
Calendar Year 1999. B. Crowder removed the January 12 Minutes.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including agenda item
9, Authorization to Purchase Four Fire Pumpers for District Patrol Vehicles;
agenda item 10,Final Adoption of an Amendment to the Use and Management
Plan for Rancho San Antonio Open Space Preserve to Install a Bench for Use by
Peninsula Open Space Trust(POST)in its Memorial Giving Program; agenda
item 11, Authorization to Change District's Designation of Authorized
Signatories for Entering District Safe Deposit Boxes; and Revised Claims 2000-
02. B. Crowder seconded the motion. The motion passed 7 to 0.
VH. APPROVAL OF MINUTES
January 12, 2000, Regular Meeting
B. Crowder made the following correction: Page 4—add to end of the last sentence, "Biological
Preserve in San Mateo County through Stanford lands and to District lands in Santa Clara
County."
N. Hanko made the following corrections:
�' p—Page 4 paragraph h 2, sentence 11, should read, " . . . which is different from an urban area
p
boundary . . . ." (instead of urban service boundary area).
Page 6—paragraph 7, change"5,00 square feet" to "5,000 square feet."
Motion: J. Cyr moved to approve the minutes as corrected. B. Crowder seconded the
motion. The motion passed 7 to 0.
VIIL BOARD BUSINESS
A. Agenda Item No. 1 -Consideration of Resolution Endorsing Proposition 13, the Safe
Drinking Water, Clean Water,Watershed Protection, and Flood Protection Act of 2000,
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on the March 7, 2000 Ballot—(Report R-00-16).
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Motion: B. Crowder moved that the Board adopt Resolution No. 00-09,Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Supporting Proposition 13, the Safe Drinking Water, Clean Water,
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Meeting 00-02 Page 3
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Watershed Protection, and Flood Protection Act of 2000, on the March 7,
2000 Ballot. M. Davey seconded the motion.
Discussion: N. Hanko said this is a proposition that would be of interest to people on
the coast who have been working with the District and asked that the text
of Propositions 12 and 13 be sent to them. M. Davey talked about the
campaign for the propositions in Santa Clara County.
Vote: The motion passed 7 to 0.
B. Agenda Item No. 2- Consideration of Coastal Advisory Committee Recommendation to
Declare the Committee's Work Completed and to Dissolve the Committee, and
Consideration of Disbanding the Board's Ad Hoc Committee on Coastal Annexation;
Acceptance of the Coastal Advisory Committee's Recommendation to Declare the
Committee's Work Completed and Dissolve the Committee with the Board's Sincere
Thanks; and Consideration of Disbanding the Board's Ad Hoc Committee on Coastal
Annexation—(Report R-00-17).
C. Britton provided background information and explained the recommendation to the
Board. Regarding the proposed boundaries, he had met with LAFCO recently and
everything is progressing as planned.
J. Cyr said he thought there was still value in keeping the CAC intact as a resource as the
District goes through the annexation process. N. Hanko said the entire Board of
Directors should be involved with the process and with the coastal community. D. Little
N d id the Board may wish to consider forming another
agreed with N. �o an said
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members inf rm f
mmi needed in the future. B. Crowder asked that board be informed o committee as ee
when the consultants will meet with local groups so they have the option to attend those
meetings.
Harry Haeussler, 1094 Highlands Circle, Los Altos, questioned whether a quorum of
Board members attending a group meeting would constitute a District Board meeting. S.
Schectman explained the Brown Act condition which allows a majority of board
members to attend an open and noticed meeting of a local community group, or social
functions, and asked Board members to check with her regarding permissibility of them
attending a particular event.
C. Britton said letters will be sent to members of the CAC thanking them.
Motion: B. Crowder moved that the Board accept the Coastal Advisory
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Committee's recommendation to declare the Committee's work
completed, and dissolve the Committee with the Board's sincere thanks;
and disband the Board's Ad Hoc Committee on Coastal Annexation. P.
Siemens seconded the motion. The motion passed 7 to 0.
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Meeting 00-02 Page 4
S. Schectman spoke regarding the process, noting that she and C. Britton had met with
the heads of LAFCO. The three documents being prepared in the technical process are
the service plan, a fiscal plan, and the CEQA document. She said what will emerge
through the process is a mechanism for the eminent domain policy to be secure and
permanent, which will require some work and cooperation with all the local interest
groups and the Board reaching a level of comfort on what mechanism they choose. She
said San Mateo County LAFCO has an FYI status report on the annexation proposal. She
said the consultant is doing the bulk of the work on the documents, while she was
providing legal advice and working on the eminent domain policy issue.
C. Agenda Item No. 3-Proposed Adoption of a Resolution approving the California
Wildlife Conservation Board Real Property Acquisition Grant Agreement in the Amount
of$2 Million for Bear Creek Redwoods Open Space Preserve, and Authorization for the
General Manager to Execute the Grant Agreement on Behalf of the District and All Other
Documents Necess4a to Qualify the District for Acceptance of the Grant—(Report R-
00-18 .
C. Britton reviewed staffs recommendations.
Motion: J. Cyr moved that the Board adopt Resolution No. 00-10, Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing the General Manager to Execute a Grant Agreement with the
California Wildlife Conservation Board to Provide Funds for the Purchase
of Real Property Located South of the Town of Los Gatos(Bear Creek
Redwoods Open Space Preserve). P. Siemens seconded the motion. The
motion passed 7 to 0.
D. Agenda Item No. 4-Proposed Addition of San Mateo County Property to the Purisima
Creek Redwoods Open Space Preserve:Determination that the Recommended Actions
are Categorically rically Exempt from the California Environmental Quality Act; Adoption of a
Resolution Authorizing Acceptance of a Gift of the San Mateo County Property;
Tentative Adoption of Amended Use and Management Plan Recommendations,
Including Namingthe a Property as an Addition to the Purisima Creek Redwoods Open
Space Preserve;Indication of Intention to Dedicate the Property as Public Open Space at
This Time—(Report R-00-20).
C. Britton reviewed the staff report.
Harry Haeussler, 1094 Highlands Circle, Los Altos, questioned whether District will have
public picnic areas in the property, and was informed that there are already such facilities
on the site.
Motion: I Cyr moved that the Board determine that the recommended actions are
categorically exempt from the California Environmental Quality Act as set
out in the staff report; adopt Resolution No. 00-11, Resolution of the
Meeting 00-02 Page 5
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of a Gift of the San Mateo County Property;
tentatively adopt the Amended Use and Management Plan
recommendations contained in the staff report, including naming the
property as an addition to the Purisima Creek Redwoods Open Space
Preserve; and indicate their intention to dedicate the property as public
open space at this time. P. Siemens seconded the motion. The motion
passed 7 to 0.
E. Agenda Item No. 5- —Appointment of District Representatives to the Governing Board of
the Midpeninsula Regional Open Space District Financing Authority (ftort R-00-06).K. Nitz explained his nomination recommendations.
Motion: N. Hanko moved that the Board approve the Board President's
appointment of Directors Siemens, Davey, and Crowder to serve on the
Governing Board of the Midpeninsula Regional Open Space District
Financing Authority. I Cyr seconded the motion. The motion passed 7 to
0.
F. Agenda Item No. 6—-A j2pointment of Current Year Board Committees—(Report R-00-
041
K. Nitz reviewed his nomination recommendations.
Motion: P. Siemens moved that the Board approve the Board President's
appointment to standing and ad-hoc committees as contained in the staff
report, including the determination of compensation status. N. Hanko
seconded the motion. The motion passed 7 to 0.
K. Nitz distributed a written request that each committee conduct a review of their
committee by June and report back to the Board as a whole.
G. Agenda Item No. 7- Annual Progress Report on the Use of Radar on District Lands—
aeport R-00-11).
N. Hanko questioned the report's conclusions stating that violations and citations had
decreased. I Cyr replied his sense was that it stayed steady 25-30% over 15 mph, and
1% over 25 mph so that about one-third of the people were observed going faster than the
district's speed limit, and that has remained fairly constant. N. Hanko asked if staff is out
there giving citations in these troublesome areas, and the statistics may actually look like
they are worse than they had been in previous years. J. Escobar stated that he was not
sure he would draw that conclusion. He thinks that the number of citations staff has
written has dropped off. The staff did receive some initial guidelines on how aggressive
to be on the citations and he suspects the number shows that the staff have lightened up a
Meeting 00-02 Page 6
bit on actually issuing tickets. Staff may tend to issue more citations when they're
working in teams, on radar,than they do when they're working alone. The ranger may
also be basing his or her decision on other factors, such as the presence of other visitors
or the line of site of the bicycle rider. We may have also become a little less aggressive.
P. Siemens stated that 800 violations and 25 citations seems like it's light. C. Britton said
that this is 16-20 miles range. Part of our program is trying to educate people that they're
speeding and not give them tickets for traveling just barely over the speed limit. I
Escobar said that all 800 were contacted and notified that they were going too fast.
Motion: P. Siemens moved that the Board accept the informational report. N.
Hanko seconded the motion.
Discussion: I Cyr said the program's been in place about five years. At what point do
we need to consider updating the radar equipment? I Escobar stated that
we have started out with two units and now have four with the newer ones
being a lot lighter and easier to operate.
Vote: The motion passed 7 to 0.
H. Agenda Item No. 8—Report on Ranger Bicycle Patrol Program for Calendar Year 1999
—(Report R-00-13).
P. Siemens questioned the conclusion that impact of rain would really drop the hours so
much. I Escobar stated that for four of the bike patrol staff there are target hours and
they achieved those. Additional hours shown are those who can use the third bike in any
geographical area, and there is no absolute requirement that they ride it so many hours,
since they are not assigned to the program. Extra hours are voluntary, given workloads
and weather. Enthusiasm is not waning.
Motion: P. Siemens moved that the Board accept the information report on the
ranger bicycle patrol program. N. Hanko seconded the motion. The
motion passed 7 to 0.
I. Agenda Item No. 12—Tentative Adoption of a Use and Management Plan Amendment
for the Trail Use Designation of Sausal Trail at Wind Hy ill Open Space Preserve:
Determination that the Proposed Actions are Categorically Exempt under the California
Environmental Quality Act; and Tentative Adoption of a Use and Management Plan
Amendment Desi ng ating Sausal Trail for Hiking Use Only, Including Opening the Trail
to Companion Dogs on Leash—(Report R-00-21).
M. de Beauvieres provided background. Staff would like to open this trail to dog use to
make it consistent with other trail designations in the area. An e-mail from Scott
Kennedy which came in Friday was distributed. He is requesting that no action be taken
until a decision is made regarding the Kabcenell driveway, which has to be reviewed by
the Town of Portola Valley. B. Crowder questioned why no equestrian use was
Meeting 00-02 Page 7
proposed. M. de Beauvieres replied that hikers would like to be able to enjoy the trail
without competition from bikers or horses. N. Hanko asked if we had problems with
bicyclists. M. de Beauvieres replied that there was no problem with compliance. J. Cyr
asked if the Board approves this tentative amendment, and later construction causes us to
need to change, how difficult would it be? He asked about dog compliance. B. Crowder
replied that there is only a 30% dog leash use.
Harry Haeussler, 1094 Highlands Circle, Los Altos, said he was under the impression that
this was going to be a horse trail, not a hiking trail.
Mary Hufty, 257 Madache Drive, Portola Valley, Portola Trails Committee, (PVTC)was
led to believe this would be both an equestrian/pedestrian trail. She feels that eliminating
horse use is an elimination of rural values. She asked the Board to table the item and
consider it more deeply before eliminating equestrian use. She provided a signed petition
asking to allow equestrian use. N. Hanko asked whether PVTC would like to make a
formal presentation. Ms. Hufty said they'd be glad to. D. Little asked what PVTC feels
about dog use. M. Hufty says PVTC doesn't have a problem with dogs.
Joel Schreck, 255 Golden Hills Drive, Portola Valley, PVTA urged the Board to shelve
the decision until a decision regarding driveway is made by Portola Valley.
Sarah Fries, 135 Farm Road, Woodside, asked if there were any equestrians on staff or
Board. She hoped that there has not been an assumption that equestrian, pedestrian and
dog use are all the same in their impact and use. She asked the Board to defer the
decision until the driveway decision is made.
Dorothea Nell, 2 Valley Oak, Portola Valley, PVTC, agreed with other speakers. She
asked the Board to consider the issue over a longer period of time. She invited Board
members to attend one of their meetings.
Jeanette Hansen, 1225 Portola Road, Portola Valley, PVTC, agreed with other speakers.
She urged the Board to defer a decision.
Judi Baskin, P. O. Box 620108,Woodside, equestrian. District volunteer horse patrol.
She feels that people enjoy encountering horses on the preserves, and asked the Board not
to eliminate use.
N. Hanko wanted to correct the idea that staff may be trying to make this a hiking trail to
comply with wilderness trail policy. Equestrian use would not interfere with wilderness
experience. J. Cyr asked what the impact would be of deferring a decision. M. de
Beauvieres stated that this would be a good compromise, however, use of the trail would
remain hiking only until a decision is made. P. Siemens asked if this is primarily a
wildlife protection issue. M. de Beauvieres replied yes. M. Davey expressed concern
that signage went up prohibiting horse use without equestrians being involved in a
i process. She expressed concern about closing the trail to horses without an understanding
Meeting 00-02 Page 8
in the community. C. Britton clarified that it wasn't open to horses—the sign just said
Y P 8
"temporarily closed." J. Cyr. Asked if we can put a sign up explaining it's a new trail
undergoing a decision process.
Motion: J. Cyr moved that the Board table the decision. D. Little seconded the
motion. The motion passed 7 to 0.
B. Crowder asked that staff remove current sign and put sign up saying"temporarily
closed." J. Escobar stated we were remiss in not putting up permanent signage early on.
Staff will put back a sign saying"temporarily closed."
IX. INFORMATIONAL REPORTS
M. Davey: 1. Conservation Center will have Propositions 12 and 13 meeting on February 11 at
7:00 p.m. 2. She and N. Hanko attended a special Board of Supervisors meeting in San Jose.
N. Hanko: 1. Met with Joe Simitian before meeting. 2. Stated that the South Skyline
Association will meet on Friday, January 28 regarding wild pigs.
D. Little: 1. Congratulated K. Nitz on idea of committee review and for noting three minute
time limit during Informational Reports. 2. Met with Scott Boyd of FOCUS regarding the
District's need to attend to coastal environmental issues and needs, and include those groups in
annexation process.
J. Cyr: 1. Thanked Malcolm for his service to District. 2. Reported a recent newspaper article
regarding Brown Act compliance, thanked S. Schectman for keeping the Board informed and in
compliance with this Act.
B. Crowder: 2. M. Davey helped put on fundraiser by Committee for Green Foothills. 2.
Stated that next Tuesday, February 1, the San Francisco Water Department will have public
hearing on EIR.
C. Britton: 1. Wildlife Conservation Board of Directors meet February 17 in Sacramento. Any
Board member wanting to go to please call him. 2. Tuesday, February 8 State Parks and
Recreation will hold meeting on proposed projects for Proposition 12. He will go and would like
to invite a Board member or two. 3. Went to Bay Area Open Space council meeting on
Propositions 12 and 13 and distributed information to Board. 4. Two grants to be awarded
under the Habitat Conservation Fund: Loma Prieta Ranch property, $274,000, and Mill Creek
Preserve, $150,000.
S. Schectman: 1. Attended court hearing in LGCC v. District(Arlie lawsuit). 2. Labor
negotiations will begin next week. 3. In the Richard matter, a motion for a new trial has been
filed.
Meeting 00-02 Page 9
I Escobar: 1. Use and Management Committee will meet soon to discuss wild pigs. 2.
Operation Manager recruitment will re-open after Salary and Benefits decisions are made to
enhance the chance for success.
X. ADJOURNMENT
At 9:39 P.M.,the meeting was adjourned.
Roberta Wolfe
Recording Secretary
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Regional Open cy ice
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-03
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
February 9, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
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President K. Nitz called the meeting to order at 6:33 P.M.
Members Present: N. Hanko, M. Davey, J. Cyr, K. Nitz, P. Siemens, D. Little, B.
Crowder
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Members Absent: None.
Staff Present: C. Britton, S. Schectman, R. Anderson, D. Woods, M. Williams, T. Fischer
H. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Item 1.
The Board recessed to Closed Session at 6:33 P.M. and the Closed Session commenced at 6:33
P.M. The Board concluded the Closed Session at 7:10 P.M.
REGULAR MEETING
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III. K. Nitz called the Regular meeting to order at 7:30 P.M. He noted that no reportable action had
taken place in Closed Session, and that the Board would reconvene in Closed Session following
the regular meeting to discuss Closed Session Item 2.
Additional Staff Present: J. Escobar, D. Dolan, P. Coats, B. Malone, T. Randall, M.
Newburn, K. Miller, K. Carlson.
IV. ORAL COMMUNICATIONS —None.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. N. Hanko seconded the motion.
The motion passed 7 to 0.
330 Distel Circle . Los Altos, CA 94022-1404 • Phone:6.50-691-1200
FAX:650-691-0485 . E-mail: mrosd@openspace.org • Web site:www.openspace.org
Boar(l or Di/"e(tors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette I lanko, Betsy Crowder,Kenneth C,. Nitz . General M,rnager:L.Craig,Britton
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Meeting 00-03 Page 2
VI. ADOPTION OF CONSENT CALENDAR
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including Revised
Claims 2000-03. P. Siemens seconded the motion. The motion passed 7 to 0.
VH. BOARD BUSINESS
A. Agenda Item I - Resolution Honoring Supervisor Richard Gordon For His Work as
Chair of the District's Coastal Advisofy Committee—(E=rt R-00-22)
C. Britton read the Resolution and Board members thanked Supervisor Gordon.
C. Britton said he enjoyed working with Supervisor Gordon and thanked him for his
support.
Motion: M. Davey moved that the Board adopt Resolution No. 00-12, Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Commending and Honoring Supervisor Richard Gordon for His
Work as Chair of the Coastal Advisory Committee. D. Little seconded
the motion. The motion passed 7 to 0.
Supervisor Richard Gordon responded that he had grown in respect and admiration for
the District. He said it had been a difficult process but a good one. They have laid the
groundwork for annexation. He said they need the District in that part of San Mateo
County and he was looking forward to working with them.
N. Hanko, noted that Peter Markey had called to thank the District for listening to them
as people.
B. Agenda Item 2 - Proposed Addition of Peninsula Open Space Trust Property;
Determination that the Recommended Actions are Categorically Exempt From the
California Environmental Quality Act, Adoption of a Resolution Authorizing Acceptance
of a Gift of the Peninsula Open Space Trust Property; Tentative Adoption of Amended
Use and Management Plan Recommendations, Including Naming the Property as a
Addition to the Teague Hill Open Space Preserve. and Indication of Intention to Dedicate
the Property as Public Open Space at This Time—(Report R-00-25).
D. Woods said he wanted to amend the preliminary Use and Management Plan to add a
statement that site maps would not show Partition Road or trail access.
J. Escobar showed where the illegal bicycle trail was located. D. Woods said Partition
comes off Summit Springs and Noel Drive. He said the water tank site does not belong
to the District. D. Woods handed out maps, stating that the only addition would be
showing where the property is on the site brochure map.
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Meeting 00-03 Page 3
Motion: M. Davey moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality act
as set out in the staff report; adopt Resolution No. 00-13, Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Accepting Gift of Real Property and Authorizing Execution
of a Certificate of Acceptance with Respect Thereto (Teague Hill Open
Space Preserve - Lands of Peninsula Open Space Trust); tentatively
adopt the Amended Use and Management Plan recommendations
contained in the staff report, as amended at this meeting, including
naming the property as an addition to the Teague Hill Open Space
Preserve; and indicate their intention to dedicate the property as public
open space at this time. D. Little seconded the motion The motion
passed 7 to 0.
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C. Agenda Item 3 - Operations Program Five Year Staffing;Plan; Approval, in Concept. of �
the Operations Program Five-year Staffing Plan; Provide Direction to Staff and to the i
Administration and Budget Committee to Utilize the Plan as a Guide for Operations
Program Staff Growth in Future Budget Preparation-(Report R-00-24�
I
J. Escobar introduced John Kowaleski, recently promoted to Area Superintendent for the
Foothills area. He reviewed the staff report and said he thought the plan would address
growth needs. They would have to look at it again in a year or two. He said the Budget
Committee had had an opportunity to review the plan. Regarding development of the
plan, he said he had a lot of help from the field supervisors. He had outlined the plan to
the field staff and asked for their comments. He said they took a vote on the addition of
supervising ranger positions, and the results indicated they would rather have any new
positions be ranger positions, not supervisors.
C. Britton said supervisors would be freed up to do more patrol under the plan. It also
provides more flexibility if they needed to move a group to another area, such as Sierra
Azul or Bear Creek.
B. Crowder said she has always been pushing for more staff. It is a balance they need to
make between acquisition and operations. She expressed concern that coastal annexation
positions were not included. J. Escobar answered that they had discussed many
unknowns on the coast and the timing is still up in the air. C. Britton said if coastal
annexation goes through the plan would have to be modified or there were have to be a
program that is independent of this plan. B. Crowder noted that she had hiked in lots of
jurisdictions and the District is by far the best maintained and patrolled.
P. Siemens said he was impressed with the long-term plans. M. Davey said the
Administration and Budget Committee had previewed the plan and was wholly
supportive.
Meeting 00-03 Page 4
S. Schectman said they would go through the normal hiring process for the added
positions.
B. Malone, representing members of Local 715, commented on the plan. He said they
were in support of a general staffing increase. He talked about the changes to the ranger
job because of added land, including the challenge of Bear Creek Redwoods and Sierra
Azul. He said the reason they were making this statement was that they want something
more efficient and that works better for the District. He said the supervisor/staff ratio is
adequate and could be up to ten people per supervisor. He said if there was enough
money to add rangers and supervising rangers that would be fine, but if they have to
make a choice he asked that they make the choice for additional rangers.
T. Randall said the area closed issue creates an inordinate amount of time on staff. He
said staffing is inadequate and adding supervisors does not address that. He said he was
not opposed to the plan but believed that as acreage increases and expansion happens,
they are being asked to do a job they are not staffed to do.
C. Britton said a closed site is not a benign site. Staff is doing an analysis and will come
back with acreage and trail figures. J. Escobar said that historically staff retention is
fairly good. However, the candidate pool is getting smaller. It is not easy to hire in any
position. C. Britton said they are hoping this will be a dynamic plan that will be looked
at each year.
N. Hanko said she was reassured to hear this would be a fluid plan. She shared some of
the other board members' concerns and could see it would be necessary to add rangers in
the future.
Motion: M. Davey moved that the Board approve, inconcept, the Operations
Program Five-year Staffing Plan; and direct staff and Budget Committee
to utilize the plan as a guide for Operations Program staff growth in
future budget preparation. P. Siemens seconded the motion. The
motion passed 7 to 0.
S. Schectman introduced Mary Lee, representative of Local 715.
VM. INFORMATIONAL REPORTS
J. (
Cyr: 1) Attended the Pacifica Land Trust function on the coast on Saturday and introduced
himself to some of their Board members.
B. Crowder: (1) Nancy Pelosi sent an invitation to Mike Honda's event; (2) She had
attended a Census 2000 meeting; (3) Delaine Easton, State Superintendent of Schools, spoke
at a breakfast held by J. Simitian; (4) She was invited to the South Skyline Association
meeting on pig damage. The State Fish and Game people will be there; (5) She had
Meeting 00-03 Page 5
circulated a letter from Mary Hufty to M. de Beauvieres regarding horses on Sausal Trail; (6)
San Francisco Watershed had two public hearings. She attended the one in San Mateo, and R.
Anderson presented the District's letter regarding the future of the Ridge Trail at the San
Francisco hearing; (7) Regarding Proposition 12, said she would take the District resolution
to each city council in her area and ask them for a resolution.
N. Hanko: (1) Reported that the Ad Hoc Trail Policy Committee has been meeting and on
March 9 at 7:00 p.m. they will bring their proposal to the public. She also noted that D. Little
was elected as committee chair; (2) She met with Greg Betts, Open Space and Science
Superintendent for the City of Palo Alto, about the trail plan he has proposed through Foothill
Park. She said it may be a plan the District could work with; (3) Regarding the Bressler
property, she said this is a Palo Alto acquisition that is essential to protect Palo Alto foothill
land. She met with Liz Kniss, Mayor of Palo Alto, who with two other council members has
put together a memo to place action on Monday's agenda; (4) San Mateo County is setting up
a vision session. She suggested that they follow in Santa Clara County's footsteps in planning
for Stanford land in San Mateo County.
M. Davey: (1) Reported that the next meeting of the Community Resources Group regarding
the community plan on Stanford land will be February 17. The general use permit has been
published and is being reviewed; (2) She had literature urging yes votes on Propositions 12
and 13; (3) There will be a benefit for Propositions 12 and 13 Friday at the Peninsula
Conservation Center, (4) She said C. Britton made an excellent presentation to the California
State Parks and Recreation Commission in San Jose about potential sites we would want to
encourage to be part of Proposition 12.
K. Nitz: (1) Reported Board and staff members had received training for dealing with the
press in post event situations. He said he would like to see training for pre-event situations;
(2) He had attended the staff State of the District event and he enjoyed it.
C. Britton: (1) Read the message B. Crowder had received in a fortune cookie: "Money isn't
everything, but it does help save open space;" (2) Regarding the presentation to the Parks
Commission, he said it was really for public relations about Propositions 12 and 13; (3)
February 17 at the Wildlife Conservation Board meeting, they will consider a $2 million grant
on Bear Creek.
k about the Cityof San Francisco Planning Commission hearinglast
R. Anderson talked
g
r h Management Plan and noted that it was well-attended.
Thursday, regarding the Wate s Watershed ana ,
Y� g
Most speakers spoke strongly for opening up trail access. The meeting was about the draft
EIR.
I
i
Meeting 00-03 Page 6
IX. ADJOURNMENT
At 8:55 P.M., the Regular meeting was adjourned. Board members reconvened in Closed
Session at 9 P.M. and the Closed Session adjourned at 9:45 P.M.
Roberta Wolfe
Recording Secretary
I
Claims No. 2000-03
Meeting 2000-03
Date: February 09, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1197 850.00 AAA Fence Co., Inc. BCR Fence & Gate Installation
1198 225.00 Aaron's Septic Tank Service Sanitation Service
1199 119.08 Acme &Sons Sanitation Sanitation Service
1200 134.41 ADT Security Services Alarm Service
1201 36.34 AirTouch Paging Paging Service
1202 136.72 Alamo Lighting Light Bulbs-Distel Building
1203 1,050.00 Allied Engineering Company Easement Survey Service
1204 354.00 American Red Cross CPR Equipment Rental
1205 23.80 AT&T Telephone Service
1206 110.33 Michael Bankosh Reimbursement--Uniforms
1207 23.62 Barron Park Supply Field Supplies
1208 294.44 Beck's Shoes Uniform Boots
1209 894.12 Big Creek Lumber Barricade Materials
1210 79.00 L.Craig Britton Reimbursement--Membership Dues
1211 771.10 John Cahill Reimbursement--Cellular Phone Expenses
1212 83.55 Cal-Line Equipment Inc. Equipment Parts
1213 35.06 California Water Service Company Water Service
1214 301.00 Camino Medical Group Medical Services
1215 166.62 Costco Wholesale Office Supplies
1216 10.70 CSK Auto Vehicle Parts
1217 62.79 *1 The Darkroom Photography Services
1218 80.00 John Escobar Reimbursement--Membership Dues
1219 2,418.75 Robert E. Friday Acquisition& Appraisal Services
1220 33.61 G &K Services Shop Towel Service
1221 54.13 GeoLine Positioning Systems, Inc. GPS Mounting Bracket
1222 966.15 Sandra Gimbal Sommer, Landscape Architect Contract Planning Services
1223 140.47 Goodco Press Inc. Timecard Printing
1224 200.00 Greenbrier Graphics, LLC Software
1225 88.02 GTE Wireless Cellular Phone Service
1226 600.00 Heather Heights Road Association Annual Road Dues
1227 31096 Jobs Available Recruitment Advertisement
1228 3,397.50 Johnson&Associates Classifications & Compensation Study
1229 2,400.00 Judges &Attorneys Resolution Service. Inc. Legal Services
1230 228.35 Michael Jurich Reimbursement--Uniform Boots
1231 172.12 Matthew Ken Reimbursement--Uniform Boots
1232 3,897.27 Randy D. Klein Sediment Damage Assessment-Diesel
1233 93.00 Landscape Architecture Subscription
1234 214.90 Long Island Productions Fire Extinguishers
1235 115.06 Los Altos Garbage Company Dumpster Service
1236 180.15 Los Altos Typewriter Service Call
1237 692.36 Lucent Technologies Telephone Maintenance
1238 775.00 Mayne Tree Expert Company, Inc. Tree Appraisal Services
1239 36.14 MCI Telephone Service
1240 1,600.00 McNutt& Company, Inc. Media Training Services
1241 349.10 MetroMobileCommunications Radio Repair & Maintenance
1242 139.48 Mountain View Garden Center Field Supplies
1243 171.04 Gina Morin Reimbursement--Uniform Boots
I
I
i
i Page 1
I
Claims No. 2000-03
Meeting 2000-03
Date: February 09, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1244 59.00 National Notary Association Membership Renewal
1245 87.98 Noble Ford Tractor, Inc. Tractor Supplies
1246 2,518.87 Old Republic Title Company Title & Escrow Fees
1247 455.88 Pacific Bell Telephone Services
1248 10.39 City of Palo Alto Utilities Utilities-Black Mountain
1249 170.72 Peninsula Blueprint Printing Services
1250 250.00 PERS Public Agency Coalition Subscription Renewal
1251 172.11 Warren Phillips Reimbursement--Uniform Boots
1252 431.08 PIP Printing Printing Services
1253 3,400.00 Rana Creek Habitat Restoration Grassland Study--Russian Ridge
1254 6.02 Rancho Ace Hardware & Garden Shop Field Supplies
1255 631.68 Redwood General Tire Co., Inc. Tires
1256 2,556.00 Redwood Plumbing Co., Inc. Heat Pump--FRO Ranger Office
1257 90.69 Royal Brass Inc. Equipment Supplies
1258 932.31 Roy's Repair Service Vehicle Maintenance & Repair
1259 300.00 Ana Maria Ruiz Reimbursement--Tuition
1260 1,424.57 Russ Enterprises, Inc. Signs
1261 1,551,60 San Francisco Newspaper Agency Recruitment Advertisement
1262 832.14 San Jose Mercury News Recruitment Advertisement
1263 10.00 *2 San Mateo County Public Health Lab Tick Testing
1264 70.37 Susan Schectman Vehicle Expense
1265 85.44 Second Cup Caf6 Local Business Meeting Expense
1266 3,920.00 Richard Seymour Amphibian Inventory Study
1267 358.30 Shell Oil Company Fuel
1268 438.06 Signs of the Times Signs
1269 4,550.00 Rick Skierka-Licensed Land Surveyor Field Survey Work
1270 176.50 Skyline County Water District Water Services
1271 4T00 Skywood Trading Post Fuel
1272 495.00 Sonoma State University Academic Foundation Archiological Research-SAOSP Area Plan
1273 50.19 Stevens Creek Quarry Road Materials
1274 318.26 Summit Uniforms Uniforms
1275 1,248.03 United Rentals Equipment Rentals
1276 144.34 University Art Center Graphic Supplies
1277 1,317.21 West Group Payment Center
On-Line Subscription and Materials
1278 174.92 Michael Williams Business Meeting& Vehicle Expense
1279 200.00 Woodside & Portola Private Patrol Windy Hill Parking Lot Security
1280 77.50 Lisa Zadek Vehicle Expense
1281R 1,000.00 *3 First American Title Ins. Co. Acquisition Deposit
1282R 66.96 Travis Jensen Vehicle Expense
1283R 99.00 Jennifer Menk Reimbursement--PRAC Conference
1284R 4,000.00 Navarone Mailing Services Mailing of Spring Newsletter& H &W
1285R 25.00 San Mateo Coast Earth Fair 2000 Booth Fee for Fair
1286R 331.83 Petty Cash Vehicle Expense, Local Business Meeting
Expense, Photocopying, Office and Field
Expense
*1 Urgent Check Issued February 4, 2000
*2 Urgent Check Issued February 4, 2000
*3 Urgent Check Issued February 4, 2000
60,200.19
Page 2
Regional Open Ice
MIDPENIN LA REGIONAL SU OPEN SPACE DISTRICT
Meeting 00-04
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, February 23, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Ken Nitz called the meeting to order at 6:32 p.m.
Members Present: K. Nitz, J. Cyr, M. Davey, N. Hanko, P. Siemens, D. Little, B. Crowder
Members Absent: None
Staff Present: C. Britton, J. Escobar, S. Schectman
II. CLOSED SESSION
i
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing Closed
Session Agenda Items 1, 2, and 3.
I
i
The Board recessed to Closed Session at 6:32 p.m. and the Closed Session commenced at 6:33 p.m.
The Board concluded the Closed Session at 7:30 p.m.
i
REGULAR MEETING
K. Nitz called the Regular Meeting to order at 7:34 p.m. He noted that no reportable actions had taken
place in Closed Session.
Additional Staff D. Dolan, P. Coats, R. Anderson, T. Fischer, D. Sanguinetti, G. Baillie,
Present: D. Woods, Randy Anderson, J. Preciado
III ORAL COMMUNICATIONS-There were none.
IV ADOPTION OF AGENDA
Motion: P. Siemens moved adoption of the agenda. N. Hanko seconded the motion.
Motion passed 7 to 0.
330 Distel Circle • Los Altos, CA 94022-1404 . Phone: 650-691-1200
FAX:650-691-0485 . E-mail: mros(i@openspace.org a Wet)site:www.openspace.org
Board of Directors:Fete Siemens,Mary C_Davey,Jed Cyr, Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.,Craig Britton
Meeting 00-04 Page 2
V ADOPTION OF CONSENT CALENDAR
i
Motion: B. Crowder requested removal of Agenda Item 2 and K. Nitz requested removal
of Agenda Item 4. B. Crowder moved the Board adopt the Consent Calendar
including Agenda Item 3, Appoint Macias. Gini and Company as the District's
Auditor of the 1999-2000 Fiscal Year: Authorize the General Manager to Execute
the Engagement Letter Agreement in the Amount of$14,100 (R-00-28), and
Revised Claims 2000-04. J. Cyr seconded the motion. The motion passed 7 to 0.
VI BOARD BUSK
A. Agenda Item 1 — Lease Agreement with DrugAbuse Sciences. Inc.. For the Tenant Office Space
at 330 Distel Circle, Los Altos: Authorize the General Manager to Execute the Office Building
Lease with DrugAbuse Sciences, Inc.. for the Vacant Office Space at 330 Distel Circle, Los Altos
f - -2
T. Fischer provided a memo with the final lease. He said the agency is a pharmaceutical firm
based in Menlo Park and Paris, France. As a pharmaceutical firm, their job is to create drugs to
fight drug abuse. Their plan for the space is purely for administrative offices: there will be no
production or client services. The proposed lease is for a three-year term starting March 1, 2000.
The rental rate is $8,704.50 per month, on a full-service basis. Part of the transaction includes the
tenant making improvements rovements and the District reimbursing them up to $7,200.00 for improvements
to their .s ace The have submitted a letter of credit for$18 000 as a securitydeposit.
P y
P
i
N. Hanko commented that Tom did a very nice job in getting new tenants at the same rate with
half the space. He mentioned that the previous tenant had 3,500 square feet and the present
P P q I
agency has 2,487. K. Nitz questioned whether we would disturb the agency with our expansion.
Tom mentioned we had already put up a dividing wall that separates the two areas. D. Little
asked about the signage agreement. Tom mentioned that the lease does have verbiage about it:
that the agency will pay for it and would have to be within the same format as ours, and they
would have to submit their plans for approval. C. Britton mentioned that Alzheimer's' had a
small sign at the entrance.
T. Fisher mentioned that Sections 8.1 and 8.3.1 further defined their use and prohibited uses.
K. Nitz asked if the agency would be doing tests at their site. T. Fischer stated they would not be
testing at their site. K. Nitz questioned whether we would be able to inspect the premises and
make sure nothing was happening over there and T. Fischer stated it could be done.
Motion: M. Davey moved that the District agree to the Lease with DrugAbuse Sciences,
Inc. J. Cyr seconded the motion.
Discussion: D. Little asked about the conduct of the tenants' employees and whether we would
have right to control inappropriate behavior. S. Schectman.said we did as defined
in the Rules and Regulations in the Lease.
Vote: The motion passed 7 to 0.
i
Meeting 00-04 Page 3
B. Agenda Item 2 — Field Activity Report for 1999 and Nine-Year Field Activity Summary: Accept
the 1999 Miscellaneous Enforcement Activity Summary and the Nine-Year Field Activity_
Summary (R-00-23)
B. Crowder noted that recorded violations increased 94.2% and total number of vandalisms
increased 152%. G. Baillie explained this was due to several reasons: We've had better weather
this past winter and so a lot more people have visited the preserves. Also, there's been more
focus by our staff on vandalism so that by its very nature increases the reporting. B. Crowder
thought it deserved a press notice so that people will know that they could be cited for such
violations. N. Hanko thought a press release might frighten a few people away, but could also be
a deterrent to violators coming to the preserves. J. Cyr noted that in the acts of vandalism, the
person was not necessarily apprehended. The other types of incidents would indicate personal
contact, with warning and possible citations. He thought that this information would be useful to
the management, the Trail and Use Committee and the Ad Hoc Trail Policy Committee. B.
Crowder often hears the comment that "we don't see rangers" and this report, to the credit of the
District, shows that we are looking after our lands. C. Britton stated that the District staff does
send copies of the agendas to newspapers. He said that the report stated we identified more
problems and it is escalating. Even if the report was sent with a positive spin on it, it would not
necessarily mean it would be properly reported. P. Siemens stated he would be concerned about
sending information to the press as they might put the news in a bad light. He thought the report
showed the proactive patroling in the El Corte de Madera Creek OSP.
G. Baillie offered another view of the report: Firstly, this is just a one-year trend. Also, staff is
currently looking at the method of gathering the statistics and insuring its validity. Currently the
system is hand-gathered, and by its nature, prone to error. In reference to the vandalism number
increase, J. Escobar reminded the Board that we started reporting about a year ago and there is a
heightened awareness about counting the incidents. He feels we are getting better data. P.
Siemens was concerned that Rangers would not have to spend inordinate amounts of time filling
out reports. D. Little stated that the report shows better reporting and higher use.
The Field Activity Report for 1999 and Nine-Year Field Activity Summary was accepted by the
Board.
D. Agenda Item 4— Notice of Completion of Contract for Drainage and Surfacing Improvements to
Parking Lots Located at Los Trancos Lrussian Ridge and Windy HUI Qpen Space Preserves:
Authorize the President of the Board or other Appmpriate Officer. to Execute Notice of
Completion and Acceptance of Work for Grading. Drainage and Surfacing Improvements to
Parking Lots at Three Onen Space Preserves (R-04-27)
K. Nitz questioned why the cost of site supervision was $20,000. Randy explained the nature of
the contract. J. Cyr stated the result was very good. C. Britton indicated the cost was 2% over
budget and the staff was pleased. K. Nitz said the lots at Windy Hill and Russian Ridge were
well-done and he was very impressed.
Motion: J. Cyr moved to accept General Manager's recommendation. P. Siemens seconded
the motion.
Meeting 00-04 Page 4
Vote: Motion passed 7 to 0.
VII INFORMATIONAL REPORTS
B. Crowder: (1) Reported on the Use and Management Meeting about feral pigs held on February 15,
2000. A few people were concerned about non-lethal methods regarding this situation. (2) Portola
Valley Planning Commission will meet on Wednesday., March 1 regarding the Kabcenell proposal for
the alternate driveway. (3) She did broom-pulling at El Corte de Madera Creek Open Space Preserve
and there was plenty to pull this past Saturday, February 19, 2000.
N. Hanko: (1) Working with the City of Palo Alto on two items: (a) she is urging the Council to get
an appraisal for the Bressler property, and (b)she will be meeting with the Open Space and Science
Department in Palo Alto who have ordered a study of the Arastradero property for a trail connection.
A meeting has been scheduled with Greg Betz, Mayor Liz Kniss, and C. Britton for March 21 to
discuss our cooperation with the city to provide a regional trail connection.
M. Davey: (1) She reported on the February 17 Community Resource Group Meeting on the use of
Stanford land. The meeting was about the format for the EIR report that will be presented to the
public. She is feeling very positive about Stanford responding to open space needs for the future. (2)
She commented on the significance of the Bressler property. (3) She reported, happily, that Palo Alto
Unified School District does not want sites on the Stanford lands.
K. Nitz: (1) He went with C. Britton to Sacramento where$2 million grant for Wildlife
Conservation Board was approved. (2) He went hiking at the Long Ridge Open Space Preserve that
is seasonally closed, and saw two mountain bikers there.
C. Britton: (1) He reported that the District received $2 million from the Wildlife Conservation
Board and $3 million from the Coastal Conservancy for a total of$5 million for Bear Creek Redwoods
Open Space Preserve. (2) He and R. Anderson presented a mini-orientation of the District to new
LAFCO executive in Santa Clara County. (3)He met with Lloyd Wagstaff of Santa Clara County
Open Space Authority.
Oral Communication:
Craig Shenan is interested in the District and in the Public Affairs Manager position, and expressed a
willingness to meeting with anyone after the meeting. Barbara Klein introduced herself and was
pleased to be at the District meeting.
VIH ADJOURNMENT
At 8:25 P.M., the Regular meeting was adjourned. Board members reconvened in Closed Session at
8:30 P.M. and the Closed Session adjourned at `9:30 P.M.
Jenny Preciado
Recording Secretary
Claims No. 2000-04
Meeting 2000-04
Date: February 23, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1287 360.00 Margit Aarons Consulting Archaeologist RSA Restroom Project Consultant
1288 608.26 Acme &Sons Sanitation Sanitation Services
1289 17,000.00 Andreini Bros., Inc. Parking Lot Improvements Contractor
1290 571.15 Arne Sign&Decal Company Parking Sign Decals
1291 89.99 AT&T Telephone Services
1292 80.38 Barron Park Supply Co. Field Supplies
1293 316.50 Bay Muffler Muffler Repair
1294 1,177.75 Brazil's Excavating, Inc. Purisima Creek Storm Damage Repairs
1295 90.72 Browning-Ferris Industries Garbage Service
1296 1,290.00 Building Abatement Analytics Asbestos Survey Services
1297 6,435.00 California Conservation Corps. Pulgas Ridge Habitat Restoration Services
1298 198.00 *1 California Parks Conference Registration-B. Dolan and K. Miller
1299 116.93 California Water Service Water Service
1300 7,264.00 Carpenter Printing Map Printing
1301 120.45 Cellular One Cellular Phone Service
1302 205.64 Cole Supply Co. Janitorial Supplies
1303 399.44 Contemporary Engraving Engraving Services-Benches
1304 60.00 CPRS Recruitment Advertisement
1305 14,115.43 D &M Consulting Engineers Parking Lot Improvements Engineer
1306 86.56 Donlee Pump Company Repair Parts
1307 240.00 Emily &Associates Training Services
1308 90.00 Falcon Associates, Inc. Recruitment Advertisement
1309 50.00 Federal Express Express Mail Service
1310 78.62 Film To Frame Photo Processing Services
1311 228.97 Forestry Suppliers, Inc. Field Equipment
1312 526.84 Foster Bros. Security Systems, Inc. Locks &Keys
1313 141.99 Gardenland Power Equipment Field Supplies
1314 101.48 Garrod Farms Straw Bales-RSA Restroom Project
1315 21.60 G & K Services Shop Towel Service
1316 226.96 GreenWaste Recovery Inc. Garbage Service
1317 3222 GTE Wireless Cellular Phone Service
1318 153.23 Goodco Press Incorporated Printing Services
1319 985.75 GreenInfo Network I r G S Patrol Map Consultant
1320 614.27 Home Depot Field Supplies
1321 381.58 Howard Rome Martin& Ridley Legal Services
1322 45.00 govWorks, Inc. Recruitment Advertisement
1323 128.80 Jobs Available Recruitment Advertisement
1324 1,075.00 Michael Johnson Co. DC Building Construction Services
1325 3,894.20 Johnson&Associates Classification&Compensation Study
1326 287.50 Kinko's Copy Services
1327 73.59 John Kowaleski Reimbursement-Uniforms
1328 1,691.94 Lanier Worldwide, Inc. Copy Machine Lease& Maintenance
1329 955.26 Los Altos Garbage Company Dumpster Service
1330 154.55 Los Altos Typewriter Typewriter Repair Service
1331 46.04 Lucent Technologies Telephone Maintenance Services
1332 193.00 Magnussen Buick-Pontiac-GMC, Inc. Vehicle Repair
1333 1,724.28 Mayne Tree Expert Company, Inc. Tree Appraisal Services
Page h
Claims No. 2000-04
Meeting 2000-04
Date: February 23, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1334 244.64 MetroMobileCommunications Radio Repairs
1335 54.00 Meyer Appliance Service Appliance Repair
1336 32.02 Minton's Lumber&Supply Field Equipment&Supplies
1337 185.97 Mountain View Garden Center Field Supplies
1338 35.00 Network Solutions, Inc. Subscription Renewal
1339 2,593.00 *2 North American Title Company Title &Escrow Fees
1340 500.00 *3 North American Title Company Title &Escrow Fees
1341 125.25 Northern Energy Propane Service
1342 76.32 Office Helper Office Supplies
1343 50.28 Orlandi Trailer, Inc. Vehicle Parts
1344 1,051.31 Office Depot Office Supplies
1345 1,236.32 Orchard Supply Hardware Field Supplies
1346 955.67 Pacific Bell Telephone Services
1347 151.55 Pacific Coast Seed Inc. Restoration Seed
1348 4,483.91 Panko Architects DC Building Interior Improvements
1349 5,100.00 *4 Petrotek Diesel Tank Installation Contractor-SRO
1350 1,000.00 Popish Appraisal&Consulting Appraisal Services
1351 20.69 Rancho Ace Hardware&Garden Shop Restroom Supplies
1352 36.13 Rayne Water Conditioning Water Service
1353 860.68 Rebholtz Mechanical, Inc. Enterprise Rentals-HVAC Maintenance
1354 110.00 Redwood Plumbing&Heating Heating Service Call
1355 541.63 Regal Dodge, Inc. Vehicle Repairs
1356 154.91 REI Uniform Boots
1357 3,056.00 Reliable Crane &Rigging RSA Restroom Installation
1358 2.60 Royal Brass Inc. Equipment Part
1359 55.00 Roy's Repair Vehicle Repairs
1360 1,200.00 David Kossack-San Andreas Land Conservancy Vegetation Mapping Consultant
1361 674.16 San Francisco Chronicle Recruitment Advertisement
1362 1,592.40 San Jose Mercury News Recruitment Advertisement
1363 10.00 *5 San Mateo County Public Health Lab Tick Testing
1364 5.93 Sears Equipment Part
1365 169.55 Sequoia Analytical Water& Lead Testing
1366 431.23 Signs of the Times Signs
1367 555.00 Duncan M. Simmons Reimbursement-Bar Dues
1368 1,200.00 Slaght Living Trust Employee Rental Residence
1369 331.98 Stevens Creek Quarry Baserock-RSA Restroom
1370 282.27 Summit Uniforms Uniforms
1371 129.00 Terminix Pest Control Services
1372 3.366.30 United Rentals Equipment Rental
1373 3,217.50 *6 Valley Tree Care Tree Pruning Service-RSA Restroom Project
1374 935.00 Valley Tree Care Tree Pruning Service-DHF
1375 103.00 Verio/Best Internet Field Office Internet Service
1376 450.00 Verio Pacific DC Building Internet Service
1377 2,284.71 VISA 97.26-Office Supplies
1607.68-Field Supplies
46.27-Local Business Meeting
253.50-Conference Airfare
280.00-Recruitment Advertiseement
Page 2
Claims No. 2000-04
Meeting 2000-04
Date: February 23, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1378 496.00 WAC Corporation Aerial Photography
1379R 134.85 Tom Fischer Vehicle Expense
1380R 692.36 Lucent Technologies Telephone Lease&Maintenance
1381R 255.64 Pitney Bowes Credit Corporation Postage Machine Lease
1382R 91.76 M. Douglas Vu Vehicle Expe nse
1383R 225.48 Petty Cash Vehicle Expense, Business Meeting Expense,
Nature Center Supplies &Office Supplies
*1 Urgent Check Issued February 10, 2000
*2 Urgent Check Issued February 10, 2000
*3 Urgent Check Issued February 18, 2000
*4 Urgent Check Issued February 14,2000
*5 Urgent Check Issued February 16, 2000
*6 Urgent Check Issued February 10, 2000
Total 106,275.87
Page 3
�Regional Open �` ice �
i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i
Meeting 00-05
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, March 8, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
President K. Nitz called the meeting to order at 6:33 p.m.
Members Present: K. Nitz, J. Cyr, M. Davey, B. Crowder, N. Hanko, P. Siemens, D. Little
Members Absent: None
Staff Present: C. Britton, J. Escobar, S. Schectman
II. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing Closed
Session Agenda Items 1, 2, and 3.
The Board recessed to Closed Session at 6:33 p.m. and the Closed Session commenced at 6:33 p.m.
The Board concluded the Closed Session at 7:30 p.m.
REGULAR MEETING
K. Nitz called the Regular Meeting to order at 7:34 p.m. He noted that no reportable actions had taken
place in Closed Session.
Additional Staff
Pr n : D. Dolan, R. Anderson, D. Woods, T. Fischer, G. Baillie, J. Preciado
III ORAL COMMUNICATIONS -There were none.
IV ADOPTION OF AGENDA
Motion: J. Cyr moved adoption of the agenda. P. Siemens seconded the motion. Motion
passed 7 to 0.
V ADOPTION OF CONSENT CALENDAR
Motion: J. Cyr moved the Board adopt the Consent Calendar including Agenda Item 3,
Authorization to Change District's Designatinon of Authorized Signatories for
Entering Safe Deposit Boxes: Adopt the Resolution of the Board of Directors of
330 Distel Circle . Los Altos, CA 94022-1404 Phone. 650-691-1200
FAX:650-691-0485 * E-mail: mrosd@openspace.org • Wei)site:www.openspace.org �
Board of Directors_Pete Siemens,Mary C. Davey,Jed Cyr, Deane tittle,Nonette tianko,Betsy Crowder, Kenneth C. Nitz .Geoe fd/Manager:L.Craig,Britton
i
Meeting 00-05 Page 2
Mid
peninsula Regional QVen Space District Establishing Si ri for Entering
Safe Deposit Boxes (R-W-33) and Revised Claims 00-05. P. Siemens seconded the
motion.
Discussion: C. Britton explained the revised claims were created anew as B. Congdon was
absent when the initial claims were presented, and they were incomplete.
Vote: Motion passed 7 to 0.
VI BOARD BUSINESS
A. Agenda Item I -- Proposed Preliminary Action Plan for the Implementation of the District's Basic
Policy for Fiscal Year 2000-2001; Review the Proposed Preliminary Action Plan for the 2000-2001
Fiscal Year. Modify as Necessary and Adott the Preliminary Action Plan (R-00-31)
C. Britton stated the Administration and Budget Committee had already review the Proposed
Preliminary Action Plan as part of their budget process. Each of the program managers was to
highlight any changes. The Planning Work Program was inadvertently not attached and was to be
presented to them by the Program Manager that evening.
M. Williams reviewed the Open Space Acquisition Program Action Plan. K. Nitz wanted the
inclusion of"habitat preservation in open space" in the key project of"New Land Commitment,"
on page 3. M. Williams stated that some of the acquisitions this year deal with trail connections.
C. Britton mentioned that land commitments are driven by willing sellers.
D. Woods presented the Land Protection Subprogram within the Open Space Acquisition Program.
He explained it was a new program introduced last year and will continue in much the same way
this year: it emphasizes acquisition planning and land development monitoring. He noted that one
addition to encroachment reduction was the development of a procedural manual. C. Britton noted
that the manual was for internal use by staff. N. Hanko spoke about the encroachment/good
neighbor policy.
R. Anderson presented the Open Space Planning Program Action Plan. He presented and provided
commentary to a preliminary draft of Planning Fiscal Year 2000/2001 Work Program. In relation
to numbers 19 and 20 of this work program, he explained that "GIS" referred to geographic
information systems (computer maps tied to a database) and "GPS" referred to global positioning
system (technology that allows one to locate oneself on the lands). In reference to#35 of the work
program, N. Hanko suggested clarification was needed regarding the FEMA funding with the
Virginia Mill Trail. R. Anderson said the trail was FEMA-funded, the bridge was not. In
reference to the Action Plan, K. Nitz inquired about the seeming emphasis on El Corte de Madera
Open Space Preserve. R. Anderson responded that El Corte de Madera Open Space Preserve had
received the most damage from El Nino storms. C. Britton stated it was also part of the two-year
trail plan. The Board had some questions on the action plan, which the staff answered.
J. Escobar presented and provided commentary on the Operations Program Action Plan. He noted
the change in current staff resources. He noted that on page 12, key project number 3 was a brand
new key project. He stated that staff was working on transitioning from hand-gathered data to a
computerized database system. The Board also recommended to write in "subject to Board
Meeting 00-05 Page 3
approval" before the first line in the wild pig control program mentioned on page 15 of the Action
Plan. B. Crowder expressed concern and appreciation of J. Isaacs workload; perhaps interns could
assist her more. P. Siemens suggested to move "inventory bat species" to number 4 in wildlife
surveys on page 15.
C. Britton presented the Public Affairs Program Action Plan. He said that he and Malcolm Smith
had worked on this Action Plan, but when a new Manager is hired, this Action Plan may be
proposed for change. He explained that the proposed seasonal Special Events Aide would help with
set-up and tear-down of a booth at local fairs so that a ranger would not have to do it. N. Hanko
expressed concern that the Everhart event was not listed in the key projects. C. Britton mentioned
that this Action Plan referred to the next fiscal year, not this fiscal year and it was hoped that the
dedication would be completed by then. K. Nitz suggested a northern area map of the preserves.
C. Britton mentioned there is a map that includes all the preserves entitled "Escape to Your Open
Space." K. Nitz requested that the "Coastal Ad Hoc Committee" on key project one be deleted
since the committee is now defunct.
D. Dolan presented and commented on the Administration Program Action Plan. She noted that the
key project of human resources would be recruitment in terms of the current vacant positions. S.
Schectman presented the Legal Services Subprogram and provided commentary on pending
litigation. She explained that her subprogram also responds to unanticipated legal service needs as
they arise.
The Board accepted the proposed Preliminary Action Plan for Fiscal Year 2000-2001.
B. Agenda Item 2 — Initial Presentation of the Budget for Fiscal Year 2000-2001: Review the
Proposed Budget for the 2000-2001 Fiscal Year: Approve the Proposed Budget Guidelines for
Board Conference Attendance (R-00-32)
C. Britton explained the budgetary process; that is, the Administration and Budget Committee
reviews the line item budget with each program and at the first public meeting in March the
proposedg P budget is resented to the full Board. The second meeting of March the final budget is
resented. He also explained that since the District is currently negotiating with Local Union 715
P P Y g g
there is no information on salary and benefits in the proposed budget plan. The Board questioned
the percentage increase for staff salaries. D. Little asked why this preliminary budget was
brought up at this time. C. Britton mentioned that the fiscal year ends March 31, so it is
necessary to start with a budget, even if it's just a proposed budget. S. Schectman responded that
this process is a normal business practice.
P
M. Williams presented and provided commentary on the Acquisition and Land Protection Program
proposed budget. He corrected the increase of the Land Protection Subprogram was 28%, not
22% as noted in the 1999-2000 adopted budget. K. Nitz questioned why the debt service
payments were increasing, as he thought they were to be decreasing. C. Britton explained debt
service actually rises over time in concert with an increase in tax revenue.
R. Anderson presented and provided commentary on the Planning Program proposed budget.
Randy explained why it was important to hire staff to address the various planning projects in
place of hiring consultants, who often have time constraints imposed by both IRS and the persons
I
Meeting 00-05 Page 4
themselves, hence the inclusion of a new Planner I. K. Nitz asked that the Planning Program
separate the coastal costs from the services and supplies category in the final budget presentation.
K. Nitz questioned the increase of$54,000 in salaries and benefits. C. Britton explained that was
due to the step program in use at the District and that every program used the same process. The
Board asked for clarifications on the proposed budget and Randy responded.
J. Escobar presented the Operations Program proposed budget. He began with some corrections.
The salaries and benefits category should be$2,441,550; the services and supplies category should
be $830,950 for a revised total of$3,483,000 (which sum includes $8,000 in overtime). This is a
6.6% increase over the 1999-2000 adopted budget. The Board asked for clarifications on the
proposed budget and J. Escobar responded accordingly.
C. Britton presented and provided commentary on the Public Affairs Program proposed budget.
He worked with Malcolm Smith on the proposed budget. He explained the decrease in salaries
and benefits was due to vacant positions. He noted increases in the number of brochures the
District is printing.
D. Dolan presented and provided commentary the Administration Program proposed budget. She
noted that the salaries and benefits decrease was due to the PERS decrease. Also, consideration is
being given to eliminating the Exemplary Service Award Program due to declining participation in
the last couple of years and it seems to be devaluing to those who do not get recognized. K. Nitz
asked if there was a morale problem, why is the ESA Program being eliminated now? C. Britton
explained that it tended to be more divisive than helpful at this time; in essence, it has lost its
effectiveness. D. Dolan went on to explain that the Administration Program now has a larger
percentage of the building budget.
J. Cyr noted the errors in Attachment Graph B-3 and B-4, specifically within "miscellaneous" and
"negotiation consultants" where the dollar amounts were not found. Information will be provided
in the next presentation. N. Hanko questioned the increase in Board conference attendance to
$5,100. C. Britton responded it was about double from$2,500 to $5,100. The Board suggested
some modifications to the proposed policy. B. Crowder asked that the last three lines in
paragraph two be deleted, and the Board consented. M. Davey stated that Board members can
benefit from continuing education that will, in turn, benefit the District.
VU INFORMATIONAL REPORTS
D. Little: (1) Announced the Trail Use Policy Committee to be held the next day, March 9, 2000 and
invited participation at that meeting; (2) He announced he'll be debating a NASA-Ames Scientist on
Saturday, March 11.
B. Crowder: (1) Attended PCL Symposium at San Jose State on Saturday, March 4, which wasn't
geared to open space, but found good networking there; (2)R. Anderson gave an excellent
presentation at the hearing in Portola Valley about the bridge at Windy Hill and the Planning
Commission voted to approve it; (3) She attended the Castle Rock State Park Hearing this morning in
San Jose and the Commission approved the plan.
Meeting 00-05 Page 5
N. Hanko: (1) R. Anderson and she have a meeting to tour Stanford Hills with Larry Horton and
Charles Carter and she'll report on it next meeting; (2) She has a meeting with Greg Betts, Mayor Liz
Kniss, and C. Britton to discuss joint projects with the City of Palo Alto; (3)Invited the Board
members to attend two meetings with the coastal consultants and arranged Board coverage of the
meetings.
P. Siemens announced he would not be at the April Board meetings as he is spending a month in
Europe.
M. Davey: (1) Announced the Bressler property sale was postponed again; (2)Restated that
propositions 12 and 13 passed with more than 60% voter approval and cited Paul Romero's leadership
in the campaign; (2) Questioned whether the District can do anything regarding the Land and Water
Conservation Fund Legislation; (4) She attended a conference on Saturday, March 4 regarding Bay fill
for the airport extension and expansion, which was sponsored by Save the Bay, and the meeting's
conclusion was that there were technical and transportation alternatives.
C. Britton: (1) Attended an AHR conference in Washington, D.C. last week, it was a great program,
and he provided information to the Board; he met with Congressman Miller's office and Senator B.
Boxer's office; (2) In regards to the Kabcenell memo, there are some items in our Use Permit that
need to be changed; (3) He noted that J. Isaacs was a speaker at the 2000 San Francisco Peninsula
South Bay Restoration Workshop on April 7, 2000; (3) He noted that Proposition 12 was the largest
park bond act ever passed by a state in United States history.
J. Escobar attended the Silicon Valley Tax Payers Association meeting. He gave a 30-minute
presentation on the District and the Regional Open Space Study.
D. Dolan announced that Paul McKowan and Lori Raymaker are planning the annual Volunteer
Recognition event to be held on Saturday, July 22, 2000 as a breakfast event. Board members were
asked to pencil in that date.
R. Anderson stated that due to the volume of Trail Use Committee letters he would use a form letter
from staff to respond. The Board approved the idea.
VIII ADJOURNMENT
At 11:33 P.M., the Regular meeting was adjourned. Board members reconvened in Closed Session
at 11:35 P.M. and the Closed Session adjourned at 12:05 A.M.
Jenny Preciado
Recording Secretary
Claims No. 00-05
Meeting 00-05
Date: March 08, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1433 225.00 Aaron's Septic Tank Service Sanitation Services
1434 134.41 ADT Security Services Alarm Service
1435 246.27 All Laser Service Printer Maintenance Service
1436 47.74 Randy Anderson Vehicle Expense
1437 2,000.00 Appraisal Research Corporation Appraisal Services
1438 238.24 Artech Laminating Lamination Supplies
1439 163.31 Barron Park Supply Co. Field Supplies
1440 45.00 Craig Beckman Reimbursement--Field Supplies
1441 1,103.58 Bishop Company Road Maintenance Supplies
1442 398.59 L. Craig Britton Reimbursement--AHR Conference Expense
1443 1,954.75 Dana Bland&Associates Consulting Biologists--Sierra Azu1
1444 881.97 Bowerman Electric Electrical Repairs--Distel Building
1445 62.70 Cabela's Uniforms
1446 231.26 John Cahill Vehicle Expense
1447 73.03 *1 California Chamber of Commerce Resource Documents
1448 120.00 California Park&Recreation Society Dues--General Manager
1449 56.05 California Water Company Water Services
1450 80.00 Camino Medical Group Medical Services
1451 236.80 Cellular One Cellular Phone Service
1452 47.54 CSK Auto, Inc. Checker, Schuck's Kragen Vehicle Supplies
1453 250.00 California Specialized Training Institute Training--G. Baillie
1454 448.05 D &M Consulting Engineers, Inc. Permit Certification--Purisima Creek
1455 63.86 Dennis Dart Vehicle Expense
1456 320.00 Done Right Roofmg and Gutters Enterprise Rental Repair
1457 4,830.00 Kevin Emery Builder Enterprise Rental Repair
1458 215.63 Ergonomic Sciences Corporation Office Equipment
1459 65.67 Federal Express Express Mail Service
1460 1,198.20 Forestry Suppliers Road Maintenance Supplies
1461 50.99 Foster Brothers Key Duplication
1462 131.13 Matt Freeman Vehicle Expense
1463 243,75 Robert E. Friday Acquisition Services
1464 772.07 Gardenland Power Equipment Field Supplies
1465 33.61 G & K Services Shop Towel Service
1466 2,538.65 Sandra Gimbal Sommer, Landscape Architecture Contract Planner Services
1467 2,297.75 Gavin Hoban Mapping/GIS Development/Area Plan
1468 205.00 IRWA Training--M. Williams
1469 1,080.00 International Training Resources, Ltd. Defensive Tactics Training
1470 76.50 Kaiser-Santa Clara Medical Services
1471 33.73 Keeble & Shuchat Photography Photo Processing Services
1472 128.82 John Kowaleski Reimbursement--Uniforms
1473 76.00 Kwik Key Lock&Safe Co.. Inc. Service Repair--Distel Building
1474 40.03 Life Assist, Inc. First Aid Supplies
1475 1,187.97 Lucent Technologies Telephones
1476 111.28 Paul McKowan Reimbursement--Resource Documents
1477 859.49 MetroMobileCommunications Radio Maintenance & Repairs
1478 346.55 NICI Telephone Service
1479 145.40 Nlinton's Lumber &Supple Field Supplies
Page 1
Claims No. 00-05
Meeting 00-05
Date: March 08, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1480 263.91 Moffett Supply Company Janitoria
l Supplies
1481 157.46 Office Helper Office Supplies
1482 196.11 Overhead Door Company of Santa Clara Valley Shop Door Repairs
1483 196.31 Pacific Bell Telephone Service
1484 557.79 Palo Alto Upholstery Vehicle Upholstery
1485 25.00 City of Palo Alto Utilities Utilities
1486 9.53 Pearson Pontiac GMC OLDS Vehicle Repair Part
1487 1,625.14 Pip Printing Printing Services
1488 20.57 Pitney Bowes Postage Meter Maintenance
1489 152.24 Powerland Equipment, Inc. Field Supplies
1490 38.50 Precision Engravers, Inc. Name Tag Engraving
1491 526.60 Eric Remington Wildlife Assessment Services
1492 1,000.00 Rentco Fence Fence Rental-Bear Creek Redwoods
1493 9.06 Roberts Hardware Field Supplies
1494 892.12 Roy's Repair Service Vehicle Maintenance&Repair Services
1495 890.06 Russ Enterprises Signs
1496 126.66 San Mateo County Times Subscription Renewal
1497 126.11 Safety-Kleen Solvent Tank Service
1498 311.22 Second Cup Local Business Meeting Expense
1499 62.00 Sequoia Analytical Water Testing
1500 292.29 Shell Oil Fuel
1501 51.33 Skywood Trading Post Fuel
1502 124.50 Soma Ergonomics, Inc. Office Equipment
1503 320.42 Summit Uniforms Uniforms
1504 386.14 Therma Corp. HVAC Maintenance
1505 146.08 Turf&Industrial Equipment Co. Tractor Battery
1506 4,401.90 2 M Associates District Annexation Study Consultants
1507 1,538.45 United Rental Equipment Rental
1508 36.75 *2 United Parcel Service Parcel Service
1509 157.79 Michael Williams Vehicle Expense
1510 200.00 Woodside &Portola Private Patrol Windy Hill-Patrol Services
1511 337.39 Wedge-Loc Co. Inc. Field Supplies
1512 255.82 West Group Payment Center Legal On-Line Services
1513 73.06 Wolf Camera Photo Processing
1514 17 L 85 The Workingman's Emporium Uniforms
1514 456.27 Petty Cash Nature Center Supplies, Local Business
Meeting Expense. Vehicle Expense and
Field Supplies
"1 Urgent Check Issued March 2. 2000
*2 Urgent Check Issued March 2, 2000
42,232.80
DUE TO ERRORS AND ADJUSTMENTS THE ORIGINAL
CLAIMS LIST WAS VOIDED AND REDONE.
Pace
r
Regional Open
ice
S.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
Date: April 7, 2000
To: Members, Board of Directors
a
From: L. Craig Britton, General Manager
d
Re: Special Order of the Day—Resolution in Support of Earth Day, 2000
Attached for your consideration is a resolution in support of the worldwide Earth Day 2000 activities
and the affiliated events and participants throughout the San Francisco Bay Area.
April 22, 2000 marks the 30'h Anniversary of Earth Day, and as such it serves to illustrate the
commitment and dedication of the grass-roots efforts of literally millions of people who want to ensure a
brighter future for our environment. Throughout the world, it is expected that a remarkable half-billion
people will participate in some way on Earth Day, 2000.
It is important to recognize that any success of the Earth Day activities will depend on individual efforts
at the local level. We are fortunate in the San Francisco Bay Area to enjoy a wide range of
environmental organizations that will be participating in Earth Day. For its part,the District will be
staffing an information table at the Earth Day events in Half Moon Bay, as well as promoting the
concurrent California Trail Days trail-work projects through our volunteer program.
This resolution commends the work of the many individuals and organizations around the world that
have brought us to this milestone 3e Anniversary, as well as the organizations directly involved in the
San Francisco Bay Area Earth Day Coalition. Your approval of this resolution is recommended.
I,
I
i
Resolution No. 00-17
Resolution of the Board of Directors of the Midpeninsula Regional Open Space District
Supporting Earth Day 2000, its Affiliated Events and Festivals, and the Individuals and Organizations
Active in Pursuing the Goals of a Cleaner, Safer, and Sustainable Environment
Whereas, On April 22, 1970, over 20 million people gathered across the United States for the first Earth Day
and thereby launched the modern environmental movement; and
Whereas,the wave of public pressure that began on that day resulted in the passage of the Clean Air Act,the
Clean Water Act and the Endangered Species Act, among other important environmental protection laws;
and
Whereas,twenty years later,Earth Day 1990 was recognized around the world with an estimated 200
million people participating in some form of restoration, rally,protest,or celebration; and
Whereas, since then the momentum has continued to build toward a sustainable and healthy planet, with
more and more governments, major corporations, and individuals taking responsibility for creating a sound
future for our environment; and
Whereas, April 22,2000 marks the 30'h Anniversary of Earth Day, when an estimated half-billion people are
expected to join in demanding an end to environmental destruction and increased action toward preservation,
restoration, and environmental justice for the entire planet; and
Whereas,the Board of Directors of the Midpeninsula Regional Open Space District recognizes that local
action by individuals and organizations is what makes Earth Day successful, and that such local action,
duplicated throughout the world, will have a significant positive impact on the protection of our
environmental resources; and
Whereas, California and the San Francisco Bay Area are often seen as leading the way in the environmental
movement,with many organizations throughout the State participating at the local level to promote
environmental awareness, focusing on Earth Day,2000; and
Whereas,these"grass-roots"efforts, including the District's own Earth Day/California Trail Days events
and other projects, are the very backbone and strength of the worldwide Earth Day effort, and on which the
success of Earth Day depends.
Now,Therefore,Be It Resolved that the Board of Directors of the Midpeninsula Regional Open Space
District does hereby applaud, commend, and fully support the Bay Area Earth Day Coalition, including Bay
Area Action, Care2.com, Center for Energy Efficiency and Renewable Technologies, Clover Stometta,
Ecology Center, Earth Race,Foundation for Global Community, Green Party of San Mateo County, Green
Party of Santa Clara County,Peninsula Conservation Center, Save the Bay, and Sustainable San Mateo
d all other organizations and individuals throughout the Sa
n Francisco Bay Are the State of
County, an a,
tY g 1� Y
California,the United States, g
ni tes and the world for their tireless and continuing efforts toward en
vironmental
awareness and action.
I
Regional Open f_ ice
---------------------
R-00-46 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-08
April 12, 2000
AGENDA ITEM I
AGENDA ITEM
Proposed Addition of the Benedetti Property to Pulgas Ri ge Open,rSpace Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in this report.
2. Adopt the attached resolution authorizing purchase of the Benedetti property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in
this report, including naming the property as an addition to Pulgas Ridge Open Space
Preserve.
4. Indicate your intention to dedicate the property as public open space.
DESCRIPTION (see attached location map)
The 72.66-acre Benedetti property is located in unincorporated San Mateo County between the
western limits of the City of San Carlos and the Interstate 280 freeway. It also lies adjacent to
the San Francisco Water Department's Crystal Springs watershed lands and the existing Pulgas
Ridge Open Space Preserve. The Property extends southeast from a major ridge running
southwest from Los Vientos Way, off Crestview Drive, and extending to the right-of-way of
the freeway. It includes a southeast-facing hillside extending into two major canyons that are
the upper watershed of Cordilleras Creek. The southern portions of these canyons are within
the Pulgas Ridge Open Space Preserve. A prominent oak-studded knoll at the southwest end of
the ridge affords spectacular views of the south Bay, the Santa Cruz Mountains, the San
Francisco watershed lands, and the City itself.
To the northwest, the site is bordered by San Francisco Water Department watershed lands.
This is the southernmost extent of watershed land on the east side of the freeway. This
watershed land is subject to a recreational and scenic easement held by the Golden Gate
National Recreational Area. To the southwest, the site is adjacent to the freeway right-of-way.
On the southeast, the site is bordered by Pulgas Ridge Open Space Preserve. On the northeast,
the site is bordered by large homes on steeply sloping lots with expansive views over the
property to the south, west, and north.
Vegetation on the site consists generally of oak woodlands in the canyon, extending well up the
ridge to the north. The western portions of the slopes are primarily chaparral, characterized by
manzanita and chemise. The top of the ridge is mostly grassland, which is being encroached
upon by coyote brush. The vegetation on the site is generally undisturbed and shows little sign
of the invasive exotic plants that plague the adjacent Pulgas Ridge Open Space Preserve.
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX: 650-691-0455 . E-mail:mrosd@openspace.org . Web site:www.openspace.org n
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
Page 2
R-00-46
The primary access to the property is located at the end of Los Vientos Way, at the northeast
corner of the property, connecting to Crestview Drive. The street was designed to be extended
into the property to provide access for potential residential development. There is evidence of
former vehicular access extending from the gate along the ridge. Remnants of a small concrete
foundation and clay tiles indicate a small structure was once present on the south side of the
ridge. Old fencing, and the condition of the grassland succeeding back to woodland and
chaparral, indicate that the ridge area was once grazed. Although the grassy ridge itself does
not show much evidence of former road use, a series of roads or fire breaks have been
bulldozed into the chaparral extending south from the west end of the ridge, most probably
formed in the recent past when the site was under subdivision investigation by developers.
These roads have not re-vegetated well in the thin sandstone soils, and show evidence of
significant erosion in some locations. The watershed land boundary to the north of the site is
securely fenced, and only a fence at the freeway right-of-way appears to separate the site from
the freeway.
One of the most significant opportunities presented by the acquisition of the Benedetti property
is the connection of a trail from Pulgas Ridge Open Space Preserve north into the San Francisco
Water Department watershed lands, which are currently fenced and patrolled to prevent any
public access. The watershed lands to the north of the site consist of open grassy ridges
transitioning to chaparral and oak woodlands in the canyons and lower slopes. Physically, a
regional trail connection is feasible, probably crossing the Benedetti property from the knoll at
the northwest corner, and connecting to the Polly Geraci Trail via portions of the existing
firebreak roads.
USE AND MANAGEMENT PLAN
Planning Considerations
The Benedetti property is zoned R-E/S-I1 (Residential Estates District)by the County. The
"S" district results in a potential allowance of 24 residential units on the property. The
unavailability of sanitary sewer services in the County, and the poor capability of the soils to
percolate for septic systems limits the development potential of the property. The most feasible
alternative for development would require annexation to the City of San Carlos for connection
to urban services. The probable zoning for the City of San Carlos would be P-C (Planned
Community District). A series of proposals for development of the property have been
considered over the years. In 1992, the City of San Carlos General Plan update identified the
property as within the City of San Carlos sphere of influence and designated it "open space".
The latest development proposal, dated 1994, envisioned seven quarter-acre lots located along
the southeast side of the ridge, with access from Los Vientos Way. These homes would have
been highly visible from Pulgas Ridge Open Space Preserve, Edgewood County Park and
Preserve, the San Francisco watershed lands and the 1-280 freeway corridor. Recent inquires
with the City of San Carlos indicate that if the property were annexed, the development would
most likely be limited to four larger residential sites.
Currently the property is secured at the end of Los Vientos Way with a 6-foot chain link fence
and gate. This fencing, combined with the high visibility from the adjacent homes, appears to
have served to deter unauthorized access. Public access at Los Vientos Way may also be an
issue due to the proximity and visibility of the adjacent homes, although there is some roadside
parking on the north side of the street abutting the watershed property.
i
i
R-0046 Page 3
A secondary trail access to the southeast corner of the site is available from a cul-de-sac at the
end of Brittan Avenue, where a dedicated 10' trail easement connects from the cul-de-sac to the
head of a canyon, sharing space with a sanitary sewer and drainage easement between two
homes. As part of a five home subdivision approval in 1989, the City of San Carlos required
the dedication of this easement to the District. Upon notification by the District, the owner of
the property encumbered by this trail easement is obligated to deliver an easement deed to the
District within 30 days. The potential for District use of this easement will be investigated as
part of the use and management planning process, and the potential acceptance and
implementation of a public trail over this easement will return to you as a future agenda item.
It appears that a trail connection down the canyon from this point would be feasible; however,
part of the route would be shared with a sanitary sewer line owned and operated by the City of
San Carlos. A landslide has occurred along the sewer line/trail route, exposing an approximate
30-foot length of sewer line and severing the potential route for the trail. The slide appears to
be still active. The slide has been covered with jute netting and seeded in an apparent attempt
to stabilize it, and the sewer line has been supported by poured-in-place concrete blocks. Were
these supports to fail, raw sewage would be spilled into the drainage leading to Cordilleras
Creek and the Seager Memorial site. Another sewer main crosses the canyon from north to
south nearby, and is exposed in two steep draws at the head of the canyon. At the northernmost
draw, a storm drain discharge pipe has created significant erosion due to the lack of a proper
energy dissipation structure at the outlet. This situation would also need to be rectified, in
cooperation with the City of San Carlos.
The potential trail through the Benedetti property from the San Francisco watershed lands to
Pulgas Ridge Open Space Preserve is shown on the San Mateo County Trails Master Plan as
the East Ridge Boundary Trail. This is also reflected in the District's Regional Open Space
Study. The management plan and environmental impact report currently under review by the
City of San Francisco also include consideration of this trail connection.
The Benedetti property is shown as urbanized in the District's current Master Plan study;
however, nearby property is rated as having moderately high value for open space preservation.
Also, the original District Master Plan, completed in April, 1978, rates the Benedetti property
with moderate to high open space values. This is borne out by the scenic and highly visible site
location, its role as a vital connection between important habitat areas, its central location in an
extensive and critical complex of open space managed by a number of agencies, the relatively
unspoiled condition of the site, and the potential it affords for a major regional trail connection.
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.
Public Access: Maintain the property as closed to public access pending use and management
planning. Designate the property as a Conservation Management Unit to underscore the need
for more thorough site evaluation prior to any decisions about use or public access.
Name: Name the property as an addition to Pulgas Ridge Open Space Preserve
Signs: Install preserve boundary and closed area signs where appropriate.
R-0046 Page 4
Site Safety Inspection: Direct Staff to perform a site safety inspection as soon as possible to
determine if there are hazards or nuisances that need to be mitigated and verify any needs for
additional fencing, signage, access improvements or other steps to facilitate management of the
site.
Existing Landslide and Erosion: Direct Staff to work with the City of San Carlos to complete a
more effective repair of the landslide threatening the sanitary sewer main and severing the
potential trail connection to Brittan Avenue, and to provide an appropriate outlet and energy
dissipater for the existing storm drain in upper Cordilleras Canyon. If possible these
improvements should be completed prior to next winter.
Dedication: Indicate your intention to dedicate this property as public open space.
CEOA COMPLIANCE
Project Description
The project consists of the acquisition of a 72.66-acre parcel of land as an addition to Pulgas
Ridge Open Space Preserve and the concurrent adoption of a Preliminary Use and Management
Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and
Management Plan for the Pulgas Ridge Open Space Preserve. The land will be permanently
preserved as open space, and ultimately will be open to the public and maintained in a natural
condition.
CEOA Determination
The District concludes that this project will not have a significant effect on the environment. It
is categorically exempt from CEQA (the California Environmental Quality Act) under Article
19, Sections 15316, 15317, 15325, and 15061 as follows:
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural
condition and the management plan proposes to keep the area in a natural condition. The use
and management plan specifies 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. Public trail use will be allowed on the upper portion of the site, but no
new development is proposed as part of this project.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer ownership of the property to the District and ensure that it
will be preserved as public open space by incorporating it into the Pulgas Ridge Open Space
Preserve.
This acquisition qualifies under three sections. The actions proposed in the Preliminary Use
q q P p Y
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-00-46 Page 5
TERMS & CONDITIONS
The purchase price of this 72.66 acre property is $1,270,000, which is payable in cash at the
close of escrow. This property is being acquired on a bargain sale basis as the price being paid
is below the District approved appraised value of the subject property. If the property were
annexed into the City of San Carlos, it would most likely be permitted four building sites along
the ridge extending west from the end of Los Vientos Way. The District's bargain sale
purchase price equates to a raw building site value of$317,500 each.
BUDGET CONSIDERATIONS
2000/2001 Budget for Land Acquisition
New Land $20,000,000
Benedetti Acquisition proposed as this agenda item (1,270,000)
Quam Acquisition proposed later on this agenda (1,040,300)
Benson Acquisition proposed later on this agenda (10,000)
Acquisition Budget Remaining
Controller M. Foster has been consulted on this proposed acquisition, and indicated that,
considering cash flow and availability, funds are available for this property purchase. This
parcel was identified as an important addition to the Pulgas Ridge Open Space Preserve for
scenic protection, potential regional trail connections, wildlife habitat and watershed protection.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices of this proposed acquisition.
Prepared by:
Randy Anderson, Planning Manager
Michael C. Williams, Real Property Representative
Map prepared by:
Dennis Dart, Planning Technician
Contact person:
Michael C. Williams, Real Property Representative
RESOLUTION 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE PURCHASE
AGREEMENT, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (PULGAS
RIDGE OPEN SPACE PRESERVE -LANDS OF BENEDETTI, ET.
AL.)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby
accept the offer contained in that certain purchase agreement between Laurel B. Benedetti and Lucile
Benedetti, as Trustees, Robert R. Benedetti and Susan J. Benedetti, as Trustees, and Linda B. Spady
and Lucile Benedetti, as Trustees, hereinafter collectively called "Seller" and the Midpeninsula
Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof,
and authorizes the President or appropriate officers to execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to
execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to seller. The General Manager is further authorized to execute any and all other documents
in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager of the District is authorized to expend up to $10,000 to cover the
cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund
will be reimbursed in the amount of$1,270,000 from the proceeds of the next long-term District note
issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional
Open Space District solely for purposes of establishing compliance with the requirements of Section
1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent
with the District's budgetary and financial circumstances. There are no funds or sources of moneys of
the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis,
or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or
reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby
declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open
space land acquisition project expenditure.
MIDPENINSULA *�GIONAL OPENOACE DISTRICT
PULGAS RIDGE OPEN SPACE PRESERVE
San Francisco ' e
Watershed Lands �
Proposed Acquisition
Benedetti
- (72.66 ac.)
Open S
Parcel
Potential
Trail Easement
Cre$tj,le
_Brlrra
_r
J Polly Geraci Trail -
-- PRO
Vista ,
Poin
`
Hassler Trail, PRO-'
Hassler Loop Trail
Pulgas RidgeBlue
Open Space Preserve Oak,,"
-
Trail _,''P
c�5
oozes Edgewood
County Park
Exhibit A: Property Location 0 1000 2000 Feet
Order No. 447507
PRELIMINARY REPORT
FIRST AMERICAN TITLE COMPANY
555 Marshall Street, Redwood City, CA 94063
(650) 367-9050 - ESCROW FAX (650) 364-1519
MID-PENINSULA REGIONAL
OPEN SPACE DISTRICT
Attn: Mike Williams
330 Distel Circle
Los Altos, CA 94022
Customer's Reference:
Form of Policy Coverage Requested: ALTA LOAN POLICY - 1992 and CALIFORNIA LAND
TITLE ASSOCIATION STANDARD COVERAGE POLICY - (1992) OR AMERICAN LAND
TITLE ASSOCIATION OWNER POLICY - (1992) WITH REGIONAL EXCEPTIONS
In response to the above referenced application for. a policy of title insurance, this Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects, and encumbrances affecting title to the
land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
Dated as of January 28, 1999 at 7:30 a.m.
ESCROW OFFICER: TINA DAVIS
Page 1 EXHIBIT
Page
/ ®tom ►
Order No. 447507
Title of said estate or interest at the date hereof is vested in:
LAUREL B. BENEDETTI and LUCILE BENEDETTI, Co-Trustees under The LAUREL B.
BENEDETTI Trust U/T/A dtd December 25, 1986 an undivided 1/3 interest, ROBERT R.
BENEDETTI AND SUSAN 1. BENEDETTI, Trustees of the Benedetti Family Trust under
Declaration of Trust dated October 21, 1991, an undivided 1/3 interest, LINDA B. SPADY and
LUCILE BENEDETTI, Co-Trustees under The LINDA B. SPADY Trust U/T/A dtd December
25, 1986, an undivided 1/3 interest
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE as to Parcel I; AN EASEAIENT as to Parcels H through V.
The land referred to in this Report is situated in the State of California, County of San Mateo,
and is described as follows:
PARCEL I:
BEGINNING at a point on the Northwesterly line of lands of Mary Burt Brittan distant thereon
South 46' 51' 45" West 900.00 feet from the most Southerly corner of that certain 384 acre
tract described in the Deed from Devonshire Estates Incorporated, a corporation to Municipal
Properties Company, a corporation, dated March 16, 1926 and recorded April 13, 1926 in Book
228 of Official Records at page 156, Records of San Mateo County, California; thence from said
point of beginning North 50* 14' 10" 1,475.80 feet to the Southerly boundary of the lands of
the City and County of San Francisco; thence along said boundary South 53° 22' West 1,073.60
feet, South 10' 12' East 775. 20 feet, South 37° 48' West 809.40 feet, South 29° 45' East
369.90 feet, South 48° 49' West 260.40 feet, South 26° 46' West 949.30 feet and South 55°
08' East 140.80 feet to a point on the Northwesterly line of the lands of Mary Burt Brittan;
thence along said line North 46' 51' 45" East 3,732.87 feet to the point of beginning
EXCEPTING THEREFROM so much thereof as was conveyed to the State of California by that
certain Deed recorded on September 24, 1970 in Book 5836 of Official Records, at Page 149,
Document No. 4 -$805 AD Records of San Mateo Count California.
y,
PARCEL H:
(a) A NON-EXCLUSIVE RIGHT OF WAY for road purposes over a strip of land 50 feet
wide lying along and Northwesterly of the following described line, viz: BEGINNING at the
most Easterly corner of property above described; thence North 460 51' 45" East 900 feet to
said most Southerly corner of the 384 acre tract.
(b) A NON-EXCLUSIVE RIGHT OF WAY for road purposes over a strip of land 50 feet
wide lying along and Southwesterly of the following described line, viz: BEGINNING at the
most Southerly corner of said 384 acre tract; thence North 51' 00" West 1,375.47 feet, more
or less to a point which bears North 53' 22' East from the most Northerly corner of property
above described.
Page 2
EXHIBIT )q
Page ! ot_zf_
Order No. 447507
(c) A NON-EXCLUSIVE RIGHT OF WAY for road purposes over a strip of land 50 feet
wide lying along and Southeasterly of the following described line: BEGINNING at the most
Northerly corner of property above described; thence North 53° 22' East 850 feet, more or less,
to the Southwesterly line of the 50 foot road last above mentioned.
EXCEPTING FROM the above described Parcels II(a) and II(b) those portions thereof lying
within the lands described in Parcels, I, II and III of that certain Quitclaim Deed from N. J.
Benedetti and Lucile G. Benedetti to San Carlos School District, recorded on May 3, 1960 in
Book 3789 of Official Records at page 449 (File No. 51966-S), Records of San Mateo County,
California.
Said Parcel II is appurtenant to Parcel I above described and was created by that certain Deed
recorded on November 4, 1947 in Book 1372 of Official Records at page 440 (File No. 97059-
G), Records of San Mateo County.
PARCEL III:
A non-exclusive easement for roadway purposes over the following described parcels:
(a) BEGINNING at the most Northerly corner of that certain 0.283 acre parcel of real
property conveyed to San Carlos School District by Deed dated April 8, 1960 from Herbert
Smith and Jean E. Smith, his wife, as grantors; thence along the Northwesterly line of said
parcel, South 39° West 50.00 feet; thence along the Westerly boundary of said 0.283 acre
parcel, along the arc of a 280 foot radius curve to the right, through a central angle of 37' 13'
48", a distance of 181.94 feet to the most Southerly corner of said 0.283 acre parcel; thence
along the Southeasterly line of said 0.283 acre parcel, North 460 5V 45" East 56.06 feet; thence
Northwesterly along the arc of a 330 foot radius curve to the left (radial bearing through the last
named point, North 71° 27' 05" East), through a central angle of 32° 27' 05", a distance of
186.91 feet to the point of beginning.
b) BEGINNING at a point on the Southwesterly line of that 2.826 acre parcel of real
property conveyed to San Carlos School District by Deed dated April 7, 1960 from Thaddeus
E. Sullivan and Dorothy M. Sullivan his wife, as grantors, which bears North 51' 00' West
223.58 feet from the most Southerly corner thereof; thence North 220 00' East 66.58 feet;
thence Northerly along the arc of a 330 foot radius tangent curve to the left, through a central
angle of 400 32' 55", a distance of 233.54 feet to the Northwesterly line of said 2.826 acre
parcel; thence along said line, South 460 51' 45" West 56.06 feet; thence leaving said line
Southerly along the arc of a 280 foot radius curve to the right (radial bearing through the last
named point bears North 76' 13' 48" East), through a central angle of 45' 46' 12" a distance
of 174.81 feet; thence South 22° 00' West 51.29 feet to the Southwesterly line of said 2.826
acre parcel; thence along said Southwesterly line, South 51° 00' East 52.29 feet to the point of
beginning.
Page 3 EXHIBIT
Page 3.of/S.
Order No. 447507
(c) BEGINNING at the most Northerly corner of the hereinabove described 1.136 acre
parcel; thence along the Westerly line of said 1.136 acre parcel, South 22° 00' West 94.52 feet;
thence continuing along said Westerly line, Southerly along the arc of a 220 foot radius tangent
curve to the left, through a central angle of 74' 00' 20", a distance of 284.16 feet; to the most
Southerly corner of said 1.136 acre parcel; thence along the Southeasterly line of said 1.136 acre
parcel, North 46° 51' 45" East 50.78 feet; thence leaving said line, Northerly along the arc of
a 170.00 foot radius curve to the right (radial bearing through the last named point, North 350
21' 17" East) through a central angle of 76° 38' 43", a distance of 227.41 feet; thence North
22° 00' East 79.23 feet to the Northeasterly line of said 1.136 acre parcel; thence along said
Northeasterly line, North 51° 00' West 52.29 feet to the point of beginning.
Said Easements were created appurtenant to Parcel I above by that certain Deed of Easement
recorded July 27, 1970 in Book 5811 of Official Records at page 144 (File No. 34517-AD),
Records of San Mateo County California.
PARCEL IV
A 15 foot wide sanitary sewer and storm drainage easement more particularly described as
follows:
Commencing at the Northeasterly corner of the lands of N. J. Benedetti, trustee of the Benedetti
children's trust, as described in the deed recorded December 31, 1976 and filed in Volume 7344
at Page 700 of the Official Records of San Mateo County; thence South 46' 5 F 45" West along
the Southeasterly line of the last described lands 15.12 feet more or less to a point which bears
15.00 feet Southwesterly measured at right angles from the Northeasterly line of the said lands
of N. J. Benedetti; thence Northwesterly along a line parallel with the said Northeasterly line
of the said lands of N. J. Benedetti North 50' 14' 10" West 479.50 feet to the point of
beginning; thence continuing along said parallel line North 50' 14' 10" West 7.50 feet to a point
hereby designated and North 50" 14' 10" West 7.50 feet to a point hereby designated and
hereafter referred to as "Point A"; thence continuing along said parallel line North 50' 14' 10"
West 450.00 feet more or less to a point which bears North 50' 14' 10" West 15.00 feet South
39° 45' 50" West 15.00 feet from the most Southerly corner of the lands of Frank Matjasich,
et al, as described in the deed recorded December 30, 1977 and filed in Volume 7702 at Page
534 of the Official Records of San Mateo County; thence North 390 45' 50" East 15.00 feet to
the Southwesterly line of the lands described in the last mentioned deed; thence along said
Southwesterly line South 50' 14' 10" East 15.00 feet to the previously mentioned most Southerly
corner of the said lands of Frank Matjasich, et al; thence along the Northeasterly line of the said
lands of N. J. Benedetti, as described in the previously mentioned deed, South 50' 140 10" East
457.50 feet; thence South 39° 45' 50" West 15.00 feet to the point of beginning.
Page 4 EXHIBIT Iq
Page �"
Order No. 447507
PARCEL V:
A 15.00 foot wide sanitary sewer and storm drainage easement sides of the following described
centerline.
Beginning at the previously mentioned "Point A"; thence South 39' 45' 50" West 38.00 feet;
thence along non-tangent curve to the right, the radius point of which bears South 39° 45' 50,,
West 80.00 feet, through a central angle of 52' 30' 00", for an arc length of 73.30 feet; thence
South 2° 15' 50" West 202.00 feet; thence along a tangent curve to the left, with a radius of
60.00 feet, through a central angle of 39' 27' 29", for an arc length of 41.30 feet; thence along
a reverse curve to the right with a radius of 80.00 feet, through a central angle of 41° 08' 15",
for an arc length of 57.44 feet; thence along a reverse curve to the left, with a radius of 250.00
feet, through a central angle of 47° 04' 51", for an arc length of 205.43 feet to the intersection
of the centerline of Brittan Avenue with the Northwesterly line of the lands shown on that
certain map entitled "Brittan Heights Unit No. 3", filed in Volume 72 of Maps at Page 15 San
Mateo County Records.
Said Easements were created by that certain Grant Deed Recorded December 3, 1987 under
recorders Serial No. 87183014 Official Records of San Mateo County.
A.P. No.: 049-380-040 JPN 049 038 380 02 A
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
1. General and Special Taxes for the fiscal year 1999-2000, now a lien, amount not yet
ascertainable.
2. Second Installment General and Special Taxes for the fiscal year 1998-1999, in the
amount of $572.93.
Co
de Area:
053-003
A.P. No.. 049-3$0-044
3. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with
Section 75 of the California Revenue and Taxation Code.
Page 5 EXHIBIT. ii.
_
i pages of
Order No. 447507
4. RIGHT OF WAY over the herein described property, as granted in Instrument:
From: W. F. Chapman, as trustee of the Will of Josephine A. Phelps, deceased
To: City and County of San Francisco, a municipal corporation
Dated: April 24, 1923
Recorded: April 30, 1923
Document No.: 4667-A
Book/Reel 72 of Official Records at page/image 346, Records of San Mateo County, California.
Grants Right of Way for 60 feet in width and 20 feet in height at a depth of
approximately 300 feet at the Southeasterly boundary and approximately 450 feet at the
Northwesterly boundary, for the construction main and operation of an aqueduct tunnel across
the Southwesterly portion of Parcel I.
5. RIGHT OF WAY for road purposes as granted in various documents of record
Affects Parcel II.
6. RIGHT OF WAY over the herein described property, as granted in Instrument:
From: H. H. Ranch, Inc., a corporation
To: Pacific Gas and Electric Company, a corporation
Dated: March 26, 1946
Recorded: April 26, 1946
Document No.: 786-G
Book/Reel 1220 of Official Records at page/image 160, Records of San Mateo County,
California.
Grants Right of Way for single line of poles and wires crossing Parcel H herein described.
7. RELINQUISHMENT of Abutter's Rights, as contained in Deed:
From: N. J. Benedetti and Lucille G. Benedetti, his wife
To: State of California
Dated: August 17, 1970
Recorded: September 24, 1970
Document No.: 48805-AD
Book/Reel 5836 of Official Records at page/image 149, Records of San Mateo County,
California.
8. CROSS-EASEMENT AGREEMENT, upon the terms and conditions as contained
therein
Executed by: Frank Matjasich, Albert Wallace and Frances J. Wallace
and Between: N. J. Benedetti, Trustee
And: Robert A. Gall
Dated: April 9, 1984
Recorded: June 29, 1984
Document No.: 84071337 of Official Records of San Mateo County, California.
Page 6 EXwIgIT..,._
Page k._off
Order No. 447507
FIRST AMENDMENT TO CROSS-EASEMENT AGREEMENT, upon the terms and
conditions as contained therein:
Executed by: N. J. Benedetti, Trustee
and Between: Manoutchehr Movassate, Jaleh Movassate, Yu Chun Lin, Edward
Jakubowski, Kathy S. Woods, Robert A. Gall and Kathleen Gall
Dated: December 3, 1987
Recorded: December 3, 1987
Document No.: 87183012 of Official Records of San Mateo County, California.
9. EASEMENT over the herein described property, as granted in Deed:
From: N. J. Benedetti, Trustee of the N. J. Benedetti Children's Trust dated
December 23, 1976
To: Albert W. Wallace and Frances J. Wallace, his wife, as Joint Tenants, as
to an undivided 1/2 interest and Frank Matjasich, a single man as to an
undivided 1/2 interest
Dated: January 18, 1984
Recorded: June 29, 1984
Document No.: 84071340 of Official Records of San Mateo County, California.
Grants Easement for sanitary sewers and storm drainage facilities.
Affects a strip of land 15 feet wide over a portion of said property.
10. EASEMENT over the herein described property, as granted in Deed:
From: Lucille G. Benedetti, Successor Trustee of the Benedetti Children's Trust
LTTA dtd December 23, 1976
To: Manoutchehr Movassate and Jaleh Movassate, husband and wife; Yu Chun
Lin; Edward Jakubowski; Kathy S. Woods; and Robert A. Gall and
Kathleen Gall, husband and wife, as tenants-in-common
Dated: December 3, 1987
Recorded: December 3, 1987
Document No.: 87183013 of Official Records of San Mateo County, California.
Grants Easement for sanitary sewer and storm drainage and appurtenances.
Affects a strip of land 15 feet wide over a portion of said property.
11. ANY AND ALL unrecorded subsisting leases and rights of parties in possession.
NOTE: The requirement that a full copy of each of the Trust Agreements as disclosed by the
Vestees herein named, as well as a full copy of the N. J. Benedetti Children's Trust Dated
December 23, 1976, be submitted to this Company for full and complete examination. Any and
all Documentation used in connection with the transfer of Trustee from N. J. Benedetti, the
originally named Trustee to Lucille Benedetti, sometimes called Successor Trustee or just
Trustee of said Trust should also be submitted.
Page 7 EXHIBIT
Pago 17 Of
Order No. 447507
INFORMATION NOTES:
A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential
Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B,
Part I, the following exception from coverage:
Any rights, interest, or claims of parties in possession of the land not shown by the public records.
Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8
of covered title risks.
Any facts about the land which a correct survey would disclose and which are not shown by the public
records. This eliminates the forced removal coverage in item 12 of covered title risks.
Any water rights or claims or title to water in or under said land.
B. The City of San Mateo imposes a property transfer tax of 'h of 1% of total consideration.
C. Order Date: February 1, 1999
Short term rate date: None
D. LENDER'S SPECIAL INFORMATION
There have been no deeds recorded within the last two years prior to the date of this report, affecting the
herein described property.
Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language
contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment"
pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or after
January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial
forms of acknowledgments may not be acceptable for recordation. First American Title will make the form
available upon request.
NOTE:
Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer
Identification Number to us so that we can file an IRS form 1099, or its equivalent, with the Internal Revenue
Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject
to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number.
WARNING
"THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED
THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO
THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY
DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM
RELIANCE UPON THIS MAP".
I
n
Paae 8 EXHIBIT 4
Page -.off '
Order No. 447507
NOTICE
Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance
Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds,before recording any documents in connection with
the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the
same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after
deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's
checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for more
details.
NOTE: This report is subject to a cancellation charge as required by Sections 12404,et seq.,of the Insurance Code
of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E.
O.N.
MB/bl/p
Page 9 LXH1S1T
Page —i—of�
i
Order
e No. 44750
7
4. -Y
NOTICE
In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to
withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of
California real property interest by either:
1. A seller who is an individual with a last known street address outside of California or when the
disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10
percent of the amount required to be withheld or five hundred dollars ($500.00).
However, notwithstanding any other provision included in the California statutes referenced above, no
buyer will be required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars
($100,000), OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a
resident of California, or if a corporation, has a permanent place of business in California, OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the
California real property being conveyed is the seller's principal residence (as defined in Section 1034 of
the Internal Revenue Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding
the withholding requirement.
The California statues referenced above include provisions which authorize the Franchise Tax Board to
grant reduced withholding and waivers from withholding on a case-by-case basis.
The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion
concerning the effect of this law on this transaction and should not act on any statements made or omitted
by the escrow or closing officer.
Form No. 4001 (3r92) LiHIBIT A
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Jrder. GL-00000447507 Descriptic 38 Page 1 of 1 Comment: -
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990
SCHEDULE B
EXCEPTICNS FROM COVERAGE
This policy does net,rsure agairs: css cr n rage(arc:re Compary vile not pay costs,attorneys'tees or expenses)which arise by reason of.
1 Taxes or assessments wr.cr are-et;roan as existing hens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a:colic agency w'may result,n taxes or assess•-erts.or notice of such proceedings,whether or not shown by the records of such agency or by the public records.
2 Any tads,rights.interests cr.'aims 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 encurrcrarCeS or claims thereof.which are not shown by the public records.
a. Discrepancies conflicts:n bc_rcary res.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)urcaterted Turing Ca,s c;•eseriaticns cr exceptions in patens or in.acts authorizing the issuance thereof;(c)water rights,claims or title to rater,whether or rot the matters excepted,rder(a).(b) c
are sccwr py:re pubiic
EXCLUSIONS FROM COVERAGE
The following matters are expressly ex,Iu,from the coverage of this policy and the Company will not pay loss or damage,costs.attorneys'fees or expenses which arise by reason oil
t (a) Any law.ordinance or goverrrertai regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating, rohibitin or relating to i the r 9prohibiting 4 O a occu c.use,or en o'iron
Pa ! I 1
of the!and;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land:(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of wr.c-
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 nc;ic:
of a detect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power net excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a detect,lien or encumbrance resulting from a violation or alleged iiolation aCe.
the!arc has been recorded-r:'e cdiic records at Date of Policy
2 Rights cf emirert domain --z cf'he exercise thereof has beer,recorded in the pubic records at Date of Policy.but rot excluding from coverage any taking which has occurred prior:c::a:e of Polio h-
weu,d oe D rd'rg on the'igr::)!a:_'.rdset ter voice wdheut knGNIZCge
3 Defect: 'iers encumbrarces.._.er:e:iaiTs,or other T.acers
a) lira'•e'Cr het recorded n __ z-ecbrds Date ct but created,suffered assumed or agreed to by the insured claimant:
ibi run X%,h,'c the Compary, . __ _ed'n the,_h,c e-r:s at Dale t Pc;icy.but'x;.own:C the,nscred c'aimant and not disclosed:n writing to the Company by the irscrecl claimart boor t,•re'ate the
ciacart becar-e an insi-`C_ _. .r:pc'icr
(c? resusorr:c no icss or dar2,e e rSL'ed"a;-art
dr,_ ^
. l a. r .. _'_cried suCSB^_•-:.: 'i Pi:'
(Z} eSa.:.rg r „3S Or clan a- n' A__ "If."a`e Zee';,.S.d red it i1.,rsL; ai"'n h d'� r riz� n Cia a t had oa sure,or the insured �r,gage cr for the as:ate Cr rterast insured„y'r�s poi;ey.
Ure,f .eaD r•y Cf the er -. ._._ Or'gdge:___u.z, :re naly,r 'a:t:.re of the rs,rec at Date of Policy,or:he irabii',ty or failure of any subsec'.,er.t owner of the rye iecreS: :C:e",,..'n the 3Gw-•_-
IMn,`-S ress aws U
,. Ir a;e-ti _"ZrforCeari:i, _ _-per—cr',a,e Or Ga°.?":hereof hrl,i asses Out of:re'(ansaction Zv'derced b the insured mortgage a^d',s based JDen-SLr ^r , rr _ `r•i r Y a J yg
Sr;e::r w
p
^der g is
6 Arr hr n arises a br,es'.rg 7 rsured tte es'a:e or!nlarest insured by their policy or the transact:cn creating the interest cl the insured lender.oy reason df i;e.ce•aror cf`e--
Da sure insorve , _ 9C.:Jr3 rig"ts'ae's
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ir'" u:0 W t.. g 3r r,Cg.fd raCC b,'eSJ Cling Or re;,a rg r pr lib eng,Pe C d'Cy �t2 riot :"2 a y ra :
Ccal cr 1 _ . '^c'w_ c..a`_ _acted Jr hi;:ard or„rcr biCrg 3 3e„d 5:on in Owrershi„Or a'edicton in the cir^e,s Cns.,f area Zf:r_ a d.yr tre Z_':' , ar-0r,
sc,,, ax ._Farce or _ -, ar C^
2 Rigrts;!ec.rart Bomar :ra;rigs s,;I:ci,:e pcher unless ncr,ca of the exercise of such rights appears in the public records at Date of Policy
3 De'e.': e"s e c mbrarces ._._ ..a.Ts.C of rapper;;a)created suffered.assumed or agreec:o by the insured claimart:(b)not known to:re Compary arc rot srehe by:he puc c ..ads but
C a 3:m rdnt a �Guiredl ar estate or merest insured by this Ocl cy and act disclosed in wr,:,.Cg by the insurec.:airnart to:re CJrCa-,,'or to!re
'-s,':rg n no oss;r Car-age'Q rre'rs;.rZd C'a,marr(d)attacrirg :e3ted SCbsequert.o Care of PC.,cy,or;e es.;":rg in -ss.'.a-a;hhlc,-A:
'r-re eS irsered y'ihK colicy
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
r7e 7 Z __ _ >_aso:.__ _ __ _:_.. _ _ e'agZ 6J arc"err as 3r E<erCeC Cove:age Policy:he exC`us.,"s se,toils to parag?:r_anve are'seZ arC"e:'@i.w.-,Za:E;':'s'c;v•'
.he
SCHEDULE B
c:'Cy does _ -y. e 30a'r __. _ __ e _r 'e _ _':ens Sr Cw^ f p„- r
^s ore a c rho fc!lcw,ry
t lazes —;Sirs^erls it _ 3S ex s':, e i.;y .i 6'ZCO s zf 3r lard ir„' ra' Zv"s e rt- r ti
y r g au c r axes or as_ess,,7e s_r tea!property_r by t.e pt cilc records l
A y d;'; 7 G irtZ.'Z;_ _ ._ _ n are n'prC e..res put whiC _
"Z puD c ce as, "aged by an TSwZ.:.C'.l said iand or or Tacrg irpt;iry of;erscrs n pcs:esS
3 Easer'.°_'i :...ms of ease": '"C3nCZS h^{"a".-el sr0'hn by ire p!Gild rZGOrd:
e .Onfl,vs r _.. cz snCrtagZ r a•ea err{rdacnmerts.cr ary other!acis which a..Cect survey Ncu:d lscicse.and what are net shown by pubic records
urpwer'e,T",^g Clair s c_c'_ .-S:'excephCrs -_;s"ts Or:n AC'.s 3utror,zirg the ssLarce thereof water rights.claims Or title to water
6 Any he- ; ;,,t'o a!ier acor or :.a7e'a e:vcra or herealeZ 'umis.-ed. mpesed by A*and not shown n'.he"vutijC records. EXHIBIT
1► PS-1A LZ-offf -*
AMERICAN LAND TITLE ASSOCIATION LOAN P01 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVE,.
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1 Any law,ordinance or governmental regulation(including but rot limited to building and zoning ordirarces)restricting Or'>gulating or prohibiting the occupancy,use or enjoyment of the land.or regutating the chatt
dimensions or location of any improvement now or hereafter erected on the'ard or prclr brt rg a secaration in owre 7:o or a reduction in the dimensions or area of the land,or the effect of ary aolation of a,
Such!aw ordinance or govemmertal regulation. '..
2 R;gnts of eminent domain or gevemmentai,rights at police:ewer unless-c'.:e of:te axeresa:f s tr rights aepears r:re public records 3t Date of PCiicy-
3 Defers.!iers.ercumbrarces.adverse:la;ms or other matters(a)created,sc"erec assumed Or agred to by the irs-.—ad ciaimart,(b)not krewn to the Company and net shown by the pcmc records but krcµ
to the;rsured claimant either at Date of Policy or at the date such claimant 3C;U red an estate or merest insured by:rs,micy or acquired the insured mortgage and not disclosed in writing by the insured claima
to the Company prior to the date such insured claimant became an insured ereurcer:(c)result rg n no loss or dare to the insured claimant;(d)attaching or created subsequent to Date of Policy(except
the extent insurance is afforded herein as to any statutory lien for labor or mawlai or:a the arert rsurance is aHcreee herein as to assessments for street improvements under construction or completed at Ca;
of Policy).
a Unenforceability,of the lien of the insured mortgage because of failure of the,rsured at Date of Policy Of of any subse`ent owner of the indebtedness to comply with applicable'doing business'laws of the stat
in which the land is situated
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS j
When the.American Lard Title Association Lercers Policy is used as a Standard Coverage aolicy and rot as an Extended Cover a Ociicy,the exclusions set forth in paragraph a above are used and ae foliowmg except.cr
to coverage appear!n the policy
SCHEDULE 8
This policy does nor insure against loss or damage by reason of the matters shown in pars one and two ferlcwng:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts.rights,interests,or claims which are not shown by the public rec:rCs%f which CCL:C:e ascertained by 3r rrpection of said lard or by making inquiry of persons in possess:cn thereof.
3 Easements,claims of easement or er:urnbrances which are not shown by:te putiic'ecdrds
3 DiscreparC:es. Conlhcts in boundary',res.shortage in area,encroachments,or ary:ttef facts hr cr a:orre:t sun ey act a disclose.and hriCh are not shown ary public records.
5 Urpatented,miring claims,reservaCCrs or exceptions in patents or in Acts 3Ltncr trg'te ss-ar:e,erect.water rig, :aims or title':waver,
5. Ary her.or rigri to a'•ier,for serrtces Tabor or material there'.Ctere or herear.e,f;.f. Sued, :r:c5e::y law and not r7*r;by the public rec:rds-
6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
,e'cliowii g mva,s are express;y exc!LCeC�'r-:he Coverage of:his�ci'.Cy ard:"e "�a'(h'; rr;:a. v_3:r damage -:n vtomevs `Res Cr exCenses.vinicin arse:r reason of
,3; - '`ah C!d rarC9 Or goverrmerfa; ,g:.'a:;Cn(nCIUd!rg our rot fixated 0 ._rig shy ::rarcas.or'e;_-K i, s)res:,ictirg.'gu,arng.prcn;bi,,rg,, rating to(i)the oc":arcy.use.or eniC.mc"
�f're pail :•io the character,dimers,crs or Icrat,cr of any mCrptemerit,c v: "a as tar erec:e: e and,(iii)a se:tea:or in ownersh,o or a charge io..the di�e-s.ins cr area of the iarc;r any parcel cl hc.,-
t'e.ard is Or was a part,or iiv)erwrrrrentai protection,or the effect of ary,ca or of Chase ahs :'`ranges or;c,- ertal regulations.except to the extent:tat a rotice of the enfor:e.^ert thereat or a-chi:=
of a defect,lien or encumbrance resunirg from a violation or alleged vid'atcr arle:::r.g:te'ard'as:een recorded r-a"ubiiC records 3!Date of Policy.
d; Any goverriental police power not ex:fuced by(a)above.except'::te exec' "3:a-ct ce of:re e=e,:se tnerecf or a ca:f a defect.her or ercumbrarce rest, rg from a violation or 3 aged violation eE::
the lard ras peen recorded in the Omit:records at Date of Policy.
2 Righrs of eminent domain unless rCece of the exercise thereof^as Deer,roc:_-: - ,_2Ltz . ,_._.F late Of c'ic, ::-Ct excluding!rcm:cverage 3ry takrrg hl;ch has occurred pr cr c Cate of Policy hr,c_
would be ording on the rights of a pLr:naser for value ovect t knCwiedge
., "elects.=ers ercumbrarces.adverse-a.ms or other ma-ens
_.eared-3_" 2C asS,ured of agreed'C"r:he.rsured:'airart.
nLf crown to:re..ompary.not'e,:O . i.:^e pLb:;C reC:'.S 3t 1...e a ,.w - ar n rig' -
•� _ ._.. _;a'ra . _ _ :acicse., r h'_ o ire CCrCary:f ". nsu;ed:la;mant,(. ._:na:afa'he r_a:
:fa'mart Became an:rs reo under:h,:ci:cy,
(c) resuiGng,n ne loss or damage to tre rsured claimant:
(d) attaching or:Teased subsequent to Ca'e of Poiicy(except:o tte erect tr at:,`s:_ cr rsares'te::.r:r re:ten of:re :cad mortgage over ary statutory lien`et se".fces.labor or maler a ^:ne extent:ts,ran':e
,s afforded Ceie;n aS!o dssessmerts`cr„reet Improvements srder Ccrs;".c::-_':omp!e'ec a':2?:f dolicy'r,or
ter re�L=t'.rg.r'ass or damage wrl hc_:C rot have deer,SCSta�,PC f•te r:. . .3-art nac:3: .:_?'or:re.rs-_e:
- e ar:eao, ty Cf'ne Ifer of:Pe rs.�.c rmcrgage oecause:f "a cad,' : _ ra rs_ : -. a _� c _ _:city:''a u e�",r,subsequent oh ? :,..re Indebtedness x ._—Orly h:h apc,:3:
^c g cesrass taws of the state r h :Cn the 3rC fS 3 tLa'?d
' e ., 're CSL'eC mor,a,. it
. 'rv, ,..y .re-�^.Cab' :t _ _ . _
fJ :ia�.r'..._. �'. _ 525 .. _ 3rS3C:. .... _._oY "e Ts.,..' ;age I'd S__._ _Cr,,;Sony Cr dn'r . __"'.dr,,,.,:r pr...c. ..
nth e' rg aw
er or:-. __s. ad. _ "alit a"S(C .ne._ ;r'Cr - ,,,, e •ro r
the ken f rs red mortg r -g from an'mp ,or hcrk _a�
e ard hr s.orlr3c:eo for 31-C_.""erCad 3LCSe.Le7t :a:,_ _ _._ _ c. I,.c":c: ..or n,� _ _.._eds of!re rceC'ed"ess secured.,il ? rsured mortgage w nt Cate of PCn:r ."_ L.
nsLrad as 3Caarced,r S CC(ig3'_, :3Cvarc;
1,•} h �C 'S .t, .ta ..:"S3C:'C^Crea 'e r..S, ._ ' - `r._ - -
ca,^ are .t f prg t. :y. Cy Pas:r - :pentagon of e,era::arkruptcy a e __'ency,or s;mifar:_. :rs,r;gbts law; _
s Cased
:ra'rarsac:c :re3t;rg the merest:f're rsured mer:gagee rerrg ceer.__ ...._t .r
:re 3i oCrC."e:,Cn Of the;l!erest Of:'a ^Shed ntcr!gagee as 3'?sWt or:r?i_: ,f : . ecu!t3:e __a,cr,Cr
're.rarsaCtdr eat-rg the!rlerest CI"e rsured ircrtragee:e rg deer r^_3.:2= a a'S'c':::i:'hCe'e,he,_c'. .a;tranSter eSLi'S:.:r"I;he failure.
Ai o e y eeor ,ne irs mert ci. rster orEXHIBIT
bi of sl:,r 'Gorda�cn:c mpah rot 0 3 purlrasa'`Cr.a Cr a , . ,_ 'red'::
w_ . .. : Page -off
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
Y.hen:na A,. 6a"s 'ice ASSC..d .,r:C S_Sec 3S 3 S*.a-Ca'::_•erage'^ _ _ - -. .. ''Sga .y '.. :_S OCS se! CL' ^:d'3graph 6 3CC+8 3'a sac and the fO;fCwr^�s:e:rcrs'o cover,;e
..CCedr r w'e dC�Cr
i
i
Form No.1491.EAGLE(10M)
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE—1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE—1998
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from:
1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning:
a. building
b. zoning
c. land use
d. improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14,15, 16, 17 or 24.
2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it,unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date;or
b. the taking happened before the Policy Date and is binding on You.rf You bought the Land without Knowing of the taking.
4. Risks:
a. that are created,allowed,or agreed to by You,whether or not ttey appear in the Public Records:
b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You:or
d. that first occur after the Policy Date—this does not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred:o in paragraph 3 of Schedule A;and
b. in streets,alleys,or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk t 1 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY—1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this pc is r 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-a imited 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,..-ensions 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 whic-^e 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.he extent that a notice of the e'orcement thereof or a notice of a detect,lien or encumbrance resulting from a violation or alleged violation affect-
ing the Land has been recorded in the Public Records at Date of Po,iCr This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy.
(b) Any governmental police power not excluded by(a)above,ex._ct 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,e Public Records at Date of Policy.This exclusion does not limit the coverage provided underinsuring provisions
14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has beep ecorded in the Public Records at Date of Policy,but not excluding from coverage any taking which has occurred
prior to Date of Policy which would be binding on the fights of a pur—aser for value without Knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) created,suffered,assumed or agreed to by the insured Claims--.
(b) not Known to the Company,not recorded in the Public Recorc=_a:Date of Policy.but Known to the Insured Claimant and not disclosed in writing to the Compa y the Insured
Claimant prior to the date the Insured Claimant became an Ins_,:d under this policy: EXHIBIT
17
(c) resulting;n no loss or damage:o the Insured C aimant: Pa a Of
� t
(d) attaching cr created subsecuest to Date of Po,cy(this paragr_.- d)does not ir^r the coverage orovided under insuring provisions 7,8, 1. 17,�1,2 ,24 an b);or
(e) resulting in loss or damage which would not. jeen sustained if the Insured Claimant had paid value for L ared 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 indebt
edness,to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured Mortgage and is based upon:
(a)usury,except as provided under insuring provision 10 of this policy;or
(b)any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors'rights laws,that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer;or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged 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.
SCHEDULE B
This policy does not insure against loss or damage(and the Company will not pay costs.attorneys'fees or expenses)which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage(and the Company will not pay costs.attorneys'fees or expenses)which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that'evies taxes or assessments on real property or by the public records.
2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3 Easements,claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any oz`er facts which a correct survey would disclose,and which are not shown by public records.
5. Unpatented mining claims;reseriations or exceptions in patents or in acts authorizing,he issuance thereof;water rights.claims or title to water
6. Any lien,or right to a lien,for services.. labor or material theretofore or hereafter furnished.imposed by aw and not shown by the public records.
Part Two:
1, Environmentai protection liens provided for by the following existing statutes,which iens will have pncr:^y over the lien of the Insured Mortgage when they arise:NONE.
EXHIBIT A
Purchase Agreement Page 12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by
District in accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT y: �l
urel B. nedetti, Co-Trustee
ACCEPTED FOR RECOMMENDATION under the Laurel B. Benedetti Trust
U/T/A date4 December 25, 1986
. W Date:
Michael C. Williams, Real Property
Representative By:
Lu ile Benedetti, Co-Trustee under
the Laurel B. Benedetti Trust U/T/A
APPROVED AS TO FORM: dated December 25, 1986
Date: 2 /o a
Susa=MLjE=E
n, General Counsel
By:
Robert R. Benedetti, Trustee of the
REF PPR VAL: Benedetti Family Trust under
Declaration of Trust dated October
21, 1991
L. Craig Britton, General Manager Date: oZ / O
APPROVED AND ACCEPTED: By:
Susan J. nedetti, Trustee of the
Benedetti Family Trust under
President, Board of Directors Declaration of Trust dated October
21, 1991
Date: Date: /610 v
By:
ATTEST: Linda B. Spady, Co-Trustee 6der
the Linda B. Spady Trust U/T/A
dated December 25, 1986
District Clerk Date:
Date:
By:
Luc e Benedetti, Co-Trustee under
the Linda B. Spady Trust U/T/A
dated Decembe 25, 1986
Date: s 00
I
Purchase Agreement Page 11
AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE
SECTIONS 1280 ET. SEQ. YOUR AGREEMENT TO THIS ARBITRATION
PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIAL BUYER INITIAL
12. Ag=tance. Provided that this Agreement is executed by Seller and delivered
to District on or before February 18, 2000, District shall have until midnight April 12, 2000 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.
Purchase Agreement Page 10
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.
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. Captions. Captions are provided herein for convenience only and they
form no Part g interpretation of this Agreement and are not to serve as a basis for inte retation 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.
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
Purchase Agreement Page 9
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
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.
Purchase Agreement Page 8
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
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: Lucile Benedetti
601 Laurel Avenue, Apt. 602
San Mateo, CA 94401
(650) 340-8995
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
Purchase Agreement Page 7
market value of said Property, appraisals, etc., as provided for by said Federal Law and any
corresponding California Government Code Sections.
10. Charitable Contribution. District and Seller acknowledge and agree that Seller
may seek a tax benefit for the charitable contribution of the difference between the purchase
price being paid by the District and the Property's fair market value being donated to the
District as part of this transaction. District expresses no opinion as to whether Seller will
receive any deduction for federal or state income tax purposes as result of this transaction.
Seller acknowledges and agrees that Seller is relying solely upon the advice of its own
attorneys, accountants and other professional advisors with respect to all such matters, and to
the tax consequences of this Agreement in general. Without limitation of the foregoing, if
such contribution is not deductible for federal and state income tax purposes, in whole or in
part, such non-deductibility or non-treatment will not relieve Seller of any of its obligations
under this Agreement or otherwise affect this Agreement in any way or require the payment of
any additional or substitute consideration by District for the purchase of the Subject Property
or entitle Seller to any remedies against District as a result thereof. District agrees to provide
Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted by
Seller thereunder.
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 fulfillment of any condition that is precedent to the performance by
Purchase Agreement Page 6
(v) There is no pending or, to Seller's best knowledge, threatened
litigation or proceedings before any administrative agency in which any person or entity
alleges the presence, release, threat of release, placement on, under or about the Property, or
the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal
on, under or about the Property, or the transportation to or from the Property, of any
Hazardous Waste;
(vi) Seller has not received any notice and has no knowledge or reason
to know that any governmental authority or any employee or agent thereof has determined, or
threatens to determine, that there is a presence, release, threat of release, placement on, under
or about the Property, or the use, manufacture, handling, generation, storage, treatment,
discharge, burial or disposal on, under or about the Property, or the transportation to or from
the Property, of any Hazardous Waste;
(vii) There have been no communications or agreements with any
governmental authority or agency (federal, state or local) or any private entity, including, but
not limited to, any prior owners of the Property, relating in any way to the presence, release,
threat of release, placement on, under or about the Property, or the use, manufacture,
handling, generation, storage, treatment, discharge, burial or disposal on, under or about the
Property, or the transportation to or from the Property, of any Hazardous Waste.
C. Inds. Seller shall indemnify, defend and hold harmless District
from and against any legal or administrative proceedings brought against District, and all
claims liabilities losses damages, an �
d costs foreseen and unforeseen, including without
limitation, attorney, engineering and other professional or expert fees, directly or indirectly
arising from any breach of the warranties or representations contained herein.
9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the
g Y
fair market value of the Property described in Exhibit "A", as provided for by the Federal
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-
646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-
256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government
Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or
rights Seller may have to any relocation assistance, benefits, procedures, or policies as
provided in said laws or regulations adopted there under and to any other compensation, except
as provided in this Agreement. Seller has been advised as to the extent and availability of such
benefits, procedures, notice periods, and assistance, and freely and knowingly waives such
claims, rights and notice periods except as set forth in this Agreement, including the fair
Purchase Agreement Page 5
g g
7. Integrity of F=M. Except as otherwise provided herein or by express
h
written permission granted by District, Sellers all not, between the time of Seller's execution
hereof and the close of escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or other earthmoving activities,
cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of
improvements or structures on the Property.
8. Hazardous Waste.
N N
n The term "Hazardous Waste as used herein means an
A. Definitions. y
b or pursuant to an federal state or local
substance, material or other thing regulated y p y ,
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.).
B. Representations 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 the Seller's best knowledge, the Property does not contain any
Hazardous Waste or underground storage tanks;
(ii) To the Seller's best knowledge, Seller and the Property are in
compliance with all applicable federal, state and local laws, statutes, ordinances, orders,
guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks;
(iii) At the time Seller acquired the Property, Seller did not know and
had no reason to know that any Hazardous Waste was present, used, manufactured, handled,
generated, stored, treated, discharged, buried or disposed of on, under or about the Property,
or had been transported to or from the Property;
(iv) Seller has not undertaken, permitted, or authorized, and will not
undertake, permit or authorize the presence, use, manufacture, handling, generation, storage,
treatment, discharge, release, burial or disposal on, under or about the Property of any
Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste;
I
Purchase Agreement Page 4
excused from any further obligations hereunder, except as otherwise provided herein. Upon
any such termination of escrow, all parties hereto shall be jointly and severally liable to
Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such termination of escrow), and
each party expressly reserves any other rights and remedies which it may have against any
other party by reason of a wrongful termination or failure to close escrow.
5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or
written leases or rental agreements affecting all or any portion of the Subject Property. Seller
further warrants and agrees to hold District free and harmless and to reimburse District for any
and all costs, liability, loss, damage or expense, including costs for legal services, occasioned
by reason of any such lease or rental agreement of the Property being acquired by District,
including, but not limited to, claims for relocation benefits and/or payments pursuant to
California Government Code Section 7260 et seq. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
6. Seller's Reresentations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
representations and warranties to District, which shall survive close of escrow, each of which
is material and is being relied upon by District.
A. 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
to which Seller is a or which Seller may be bound or an articles bylaws
agreementPAY Y Y Y � Y
resolutions
or corporate eso utions of Seller.
C. Good Title. Seller has and at the Closing date shall have good,
marketable and indef ible fee simple title to the Subject Pro and the interests therein to
indefeasible
P J Property
be conveyed to District hereunder, free and clear of all liens and encumbrances of any type
whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights
or any other right, title or interest held by any third party except for the exceptions permitted
under the express terms hereof, and Seller shall forever indemnify and defend District from
and against any claims made by any third party which are based upon any inaccuracy in the
foregoing representations.
Purchase Agreement Page 3
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of One
Million Two Hundred Sixty-Nine Thousand and No/100 Dollars ($1,269,000) which is the
balance of the Purchase Price of One Million Two Hundred and Seventy Thousand and
No/100 Dollars as specified in Section 2. The balance of$1,000.00 is paid into escrow in
accordance with Section 11 of this Agreement.
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 San Mateo County. All current property taxes on the
Property shall be pro-rated through escrow between District and Seller as of the Closing based
upon the latest available tax information using the customary escrow procedures.
F. Seller shall cause First 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
$1,360,000 or the Property showing title to the Property vested in fee simple in District,
subject only to: (i) current real property taxes, (ii) title exceptions numbered 4, 5, 6, 7, 8, 9
and 10 as listed in said preliminary report ("Exhibit A") dated January 28,1999 (iii) such
additional title exceptions as may be approved in writing by District prior to the Closing as
determined by District in its sole and absolute discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of San Mateo County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller Escrow Holder's check for the 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 of Termination. In the event
this Agreement is terminated and escrow is canceled for any reason, all parties shall be
Q:\BENEDETTI PURCHASE AGMT.DOC
I
i
Purchase Agreement Page 2
Said property is to be conveyed together with any easements, rights of way, or rights of use
which may be appurtenant or attributable to the aforesaid lands, and any and all improvements
attached or affixed thereto. All of said real property and appurtenances shall hereinafter be
called the "Subject Property" or the "Property".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be One Million Two Hundred and Seventy Thousand and No/100 Dollars ($1,270,000),
which shall be paid in cash at the "Closing" as defined in Section 3 hereof. It is acknowledged
by District and Seller that the purchase price being paid for the Subject Property is less than
the Property's fair market value (which has been determined to be One Million Three Hundred
Sixty Thousand and No/100 Dollars ($1,360,000.00) in accordance with the independent fee
appraisal commissioned by the District), and that the difference in the purchase price being
paid by the District and the Property's fair market value is being donated to District by Seller
as part of this transaction.
3. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 12 herein, an escrow shall be opened at First American Title Company, 555 Marshall
Street, Redwood City, CA 94063 (650) 367-9050 (Escrow number 447507) 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 May 12, 2000, provided; however, that the parties may, by written agreement, extend
the time for Closing. The term "Closing" as used herein shall be deemed to be the date when
Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the
County Recorder of San Mateo County.
B. Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessaryor 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".
Q:\BENEDETn PURCHASE AGMT.DOC
I
PURCHASE AGREEMENT - BARGAIN SALE
This Agreement is made and entered into by and between LAUREL B.
BENEDETTI and LUCILE BENEDETTI, Co-Trustees under The LAUREL B. BENEDETTI
Trust U/T/A AN UNDIVIDED 1/3 interest, ROBERT R. BENEDETTI and SUSAN J.
BENEDETTI, Trustees of the Benedetti Family Trust, an undivided 1/3 interest, LINDA B.
SPADY and LUCILE BENEDETTI, Co-Trustees under The LINDA B. SPADY Trust U/T/A,
an undivided 1/3 interest hereinafter collectively 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 San Mateo, and
being more particularly described within the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological, recreational, and aesthetic resources of the
midpeninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to
District, and District wishes to purchase said property upon the terms and conditions set forth
herein.
WHEREAS, Seller wishes to sell and convey said property to District, at a price
below fair market value, and District wishes to purchase said property upon the terms and
conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's real property located within an unincorporated area of the
County of San Mateo, State of California, containing approximately seventy-two and sixty-six
(72.66) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel
Number 049-380-040. Said Property is further described in the Legal Description attached to
Preliminary Report number 447507 from First American Title Company, a copy of said
preliminary report attached hereto as Exhibit "A", and incorporated herein by this reference.
1
Regional Open ace !
Meeting 00-08 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April 12, 2000
AGENDA ITEM 2
AGENDA ITEM _
Proposed Addition of the Quam Property to Russian idge Open pace Preserve
GENERAL MANAGER'S RECOMMENDATIONS 1
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in this report.
I
2. Adopt the attached resolution authorizing purchase of the Quam property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations
contained in this report, including naming the property as an addition to Russian Ridge
Open Space Preserve.
4. Indicate your intention to dedicate the property as public open space.
DESCRIPTION (see attached map)
The 94.8-acre Quam property is located west of Skyline Boulevard in unincorporated San
Mateo County. The property proposed for acquisition as public open space borders the
Russian Ridge Open Space Preserve to the north, south and east. The property offers
panoramic views of Mindego Hill and the San Mateo coast. The Bay Area Ridge Trail is
located to the north and east. The property is a desirable addition to the preserve because it
will help protect important wildlife and watershed resources and scenic views from the existing
Alder Spring and Mindego Trails.
The rectangular-shaped property is improved with a single family residence and ancillary
structures. The Quam property is a natural addition to Russian Ridge Open Space Preserve as
it is bounded by the preserve on three sides. Private properties are located along the western
boundary and at the northeast corner of the property. The property is on the southwest side of
Skyline Boulevard approximately one and one-quarter mile north of Alpine Road and one-half
mile south and west of Mindego Hill.
I
{ The landscape consists of moderate to steep slopes with oak woodlands, patches of grassland
meadows, steep forested hillsides and dense creekside vegetation. The slopes are generally
west-facing with two steep finger ridges that descend from the 1,800 foot elevation to Mindego
Creek at 1,200 foot elevation. Mindego Creek runs diagonally across the southern half of the
property and flows to the west and south towards Alpine Creek. This densely forested canyon
includes Douglas fir, madrone, maple and bay trees. The steep southwest side of the creek is
covered with old-growth Douglas fir trees, as the area has never been logged. The hilltop near
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail: mrosd@openspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
R-00-45 Page 2
the east boundary is an attractive destination point where the oak woodland opens up and there
is a panoramic view of Mindego Hill, the surrounding area and the Pacific Coast.
A single family residence and auxiliary structures are located on the southern most finger
ridge. The residence is a two bedroom, two bathroom, two story structure of approximately
1,720 square feet with redwood decks on two sides of the residence. The auxiliary structures
consist of a two car garage approximately 913 square feet which is rough plumbed for a half
bathroom located just above the residence, a 600 square foot utility building with an attic
located just below the residence, a livestock shed and corral, and a 90'X 90' foot fenced
garden with a small apple and pear orchard. A quarter mile south of the residence area is
located a 864 square foot barn, corral and oval arena area. All of the structures are of average
quality construction and have been well maintained. The residence, garage and utility building
have redwood exterior siding. The residence has an engineered pier and grade beam
foundation. The domestic water for the residence and all of the auxiliary structures comes
from an on-site well with a 5,000-gallon redwood storage tank which provides an adequate
flow rate. A partially surfaced road, approximately 2.0 miles long, accesses the property from
the north descending from a ridge above Skyline Boulevard through District land and privately
developed properties north of the proposed addition. There is no written road maintenance
agreement with the neighboring property owners. The road maintenance would be based upon
proportionate use of the road as provided by State law.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is in unincorporated San Mateo County and is zoned RM (Resource
Management) and subject to a Williamson Act contract requiring 40 acre lot size. There are
i already with a residence and ancillary
two feasible building sites, one of whichsal ea y developed p
buildings. A second potential residential site might be situated atop the grassy knoll where the
riding ring is located and provides a good view of Mindego Hill. Subdividing the property
into two legal building sites would require County approval.
The property is rated in the District's Open Space Master Plan as having moderate to high
composite open space values and is important in terms of watershed protection, wildlife
habitat, and scenic qualities. The District's Regional Open Space Study shows regional trail
corridors in the vicinity of the property to the west and to the north.
The residence and ancillary structures will be utilized as District enterprise property. The
District's Skyline field office and ranger residences are located approximately 4 miles east of
the property, making it unlikely that these structures would serve for management or site
protection purposes.
i
R-00-45 Page 3
preliminary Use and Management Plan Recommendations
The preliminary use and management plan will take effect at the close of escrow and remain
effective until the plan is amended or a Comprehensive Use and Management Plan is prepared.
The residence and auxiliary structures will be rented. The rest of the property will be
maintained in a natural condition and no changes in 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.
Structures: Rent the residence and auxiliary structures.
Public Access: Closed to public use at this time.
Trail Designation: No trails or roads are currently designated for trail use.
Patrol: Regular patrol will be provided and the road will be maintained for patrol purposes.
Name: Name the property as an addition to Russian Ridge Open Space Preserve.
Signs: Install private residence and preserve boundary signs where appropriate.
Site Safety Inspection: Inspect the property to determine if there are hazards that need to be
mitigated.
Dedication: Indicate your intention to dedicate the property as public open space at this time.
CEOA Compliance
Project Description
The project consists of the acquisition of a 94.8-acre parcel of land as an addition to Russian
Ridge Open Space Preserve and the concurrent adoption of a Preliminary Use and
Management Plan for the addition. The structures will be leased for residential uses.
Ultimately, plans for the property will be included in the comprehensive use and management
plan for the adjacent preserve. Under any plan, the land will be permanently preserved as
open space, and maintained in a natural condition.
CEOA Determination
The District concludes that this project will not have a significant effect on the environment.
It is categorically exempt from CEQA (the California Environmental Quality Act) under
Article 19, Sections 15301, 15317, 15325 and 15061 as follows:
Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures involving negligible or no expansion of
R-00-45 Page 4
use. The structures have been used for residential and farming purposes and will continue to
be used for the same purpose under a lease agreement.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will acquire fee interests in the property and maintain the
open space character of the area. Public trail use may be implemented in the future, but no
new development is proposed as part of this project.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer ownership of the property to the District and ensure it
will be preserved as public open space by incorporating it into the Russian Ridge Open Space
Preserve.
This acquisition qualifies under all three sections. The actions proposed in the Preliminary
Use and Management Plan are also exempt under section 15061, as there is no possibility the
actions may have a significant effect on the environment.
TERMS & CONDITIONS
The purchase price of this 94.8 acre improved property is $1,010,000. The District was given
an opportunity to acquire this scenic property instead of the owners exposing the property on
the open real estate market, which was scheduled for mid-April. This opportunity results in a
very short purchase option period and a quick close of escrow, by April 21, 2000. The
seller's real estate broker has agreed to reduce the real estate commission to 3%, as the District
is a public agency and represents itself in real estate transactions. This reduction resulted in a
$25,250 savings to the District, since the overall commission was to be 5.5%. Therefore, as
part of this transaction, the District will pay the seller's side of the real estate commission of
$30,300. The total District purchase price of this transaction is therefore $1,040,300, which is
payable in cash at the close of escrow. The purchase price is considered fair and reasonable
considering the very active current real estate market.
The property is being purchased on an "as-is" basis. As part of this condition, staff has
completed a due diligence inspection and review. This process included a site inspection and
the review of numerous documents including: Termite Inspection, Professional Property
Inspection, Seller's Written Narrative of the Property, Inspection of Foundation Pier Drilling
and Water Analysis. In addition, the purchase agreement provides for the sellers to return to
the property for up to two years to prune or graft from two antique apple trees located in the
garden next to the residence. Staff is satisfied with the condition of the property and
improvements, and recommends purchase of the property in its current "as-is" condition.
R-00-45 Page 5
BUDGET CONSIDERATIONS
2000/2001 Budget for Land Acquisition
New Land $20,000,000
Benedetti Acquisition proposed earlier on this agenda (1,270,000)
Quam Acquisition proposed as this agenda item (1,040,300)
Benson Acquisition proposed later on this agenda (10,000)
Acquisition Budget Remaining $17,679.,,700
Controller M. Foster has been consulted on this proposed acquisition, and indicated that,
considering cash flow and availability, funds are available for this property purchase. This
parcel was identified as an important addition to the Russian Ridge Open Space Preserve for
protection of watershed, wildlife habitat and scenic qualities.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices of this proposed acquisition.
Prepared by:
Michael C. Williams, Real Property Representative
Map Prepared by:
Ana Ruiz, Planning Technician
Contact person:
Michael C. Williams, Real Property Representative
i
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE -
LANDS OF QUAM)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby
accept the offer contained in that certain purchase agreement between Lynn H. Quam and Marsha Jo
Quam, husband and wife, and the Midpeninsula Regional Open Space District, a copy of which is
attached hereto and by reference made a part hereof, and authorizes the President or appropriate
officers to execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to
execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to seller. The General Manager is further authorized to execute any and all other documents
in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager of the District is authorized to expend up to $10,000 to cover the
cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund
will be reimbursed in the amount of$1,040,300 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.
RUSSIAN RIDGE OPEN SPACE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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PURCHASE AGREEMENT
This Agreement is made and entered into by and between LYNN H. QUAM
and MARSHA JO QUAM, as Joint Tenants hereinafter called "Seller" and the
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant
to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter
called "District.
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space
and recreational value, located within an unincorporated area of the County of San Mateo, and
being more particularly described within the body of this Agreement; and
WHEREAS, Seller entered into that certain "Exclusive Agency Authorization
and Right to Sell" agreement with Coldwell Banker on February 11, 2000, thereby offering
said real property for sale to the general public; 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, at the listed sales price,
for open space preservation and as part of the ecological, recreational, and aesthetic resources
of the midpeninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to
District, and District wishes to purchase said property upon the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's real property located within an unincorporated area of the
County of San Mateo, State of California, containing approximately ninety-four and eight
tenths (94.8) acres, more or less, and commonly referred to as San Mateo County Assessor's
Parcel Number 080-330-020. Said property is further described in the Legal Description
attached to Preliminary Report number M604640 from North American Title Company. A
copy of said Preliminary Report is attached hereto as Exhibit "A", and incorporated herein by
this reference. Said property is to be conveyed together with any easements, rights of way, or
rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all
1 46 40
Purchase Agreement Page 2
improvements attached or affixed thereto. All of said real property and appurtenances shall
hereinafter be called the *Subject Property* or the "Property".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be One Million Ten Thousand and No/100 Dollars ($1,010,000.00), 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 13 herein, an escrow shall be opened at North American Title Company, 2920
Woodside Road, Woodside, CA 94062, (650) 851-7920 (Escrow number M604640) 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 April 21, 2000; provided however, that the parties may, by written agreement, extend
the time for Closing. The term "Closing" as used herein shall be deemed to be the date when
Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the
County Recorder of San Mateo County.
B. Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessary or appropriate to consummate
the purchase and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing an executed
and recordable Grant Deed, covering the Property as described in said Exhibit "A".
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of One
Million Nine Thousand and No/100 Dollars ($1,009,000.00) which is the balance of the
Purchase Price of One Million Ten Thousand and No/100 Dollars as specified in Section 2.
Purchase Agreement Page 3
The balance of$1,000.00 is paid into escrow in accordance with Section 13 of this
Agreement.
E. District shall pay the escrow fees, the CLTA Standard Policy of Title
Insurance, if required by District, and all recording costs and fees. All other costs or expenses
not otherwise provided for in this Agreement shall be apportioned or allocated between District
and Seller in the manner customary in San Mateo County. All current property taxes on the
Property shall be pro-rated through escrow between District and Seller as of the Closing based
upon the latest available tax information using the customary escrow procedures.
F. Seller shall cause North American Title Company, or other title
company acceptable to District and Seller, to be prepared and committed to deliver to District,
a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the
amount of$1,010,000.00 for the Property showing title to the Property vested in fee simple in
District, subject only to: (i) current real property taxes, (ii) title exceptions 3, 4, 5, 6 and 7 as
listed in Preliminary Report (Exhibit "A") dated January 27, 2000, 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 San Mateo County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller Escrow Holder's check for the 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 of Termination. In the d ent
this Agreement is terminated and escrow is canceled for any reason, all parties shall be
excused from any further obligations hereunder, except as otherwise provided herein. Upon
any such termination of escrow, all parties hereto shall be jointly and severally liable to
Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such termination of escrow), and
each party expressly reserves any other rights and remedies which it may have against any
other party by reason of a wrongful termination or failure to close escrow.
5. Leases or 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
Purchase Agreement Page 4
further warrants and agrees to hold District free and harmless and to reimburse District for any
and all costs, liability, loss, damage or expense, including costs for legal services, occasioned
by reason of any such lease or rental agreement of the Property being acquired by District,
including, but not limited to, claims for relocation benefits and/or payments pursuant to
California Government Code Section 7260 et seq. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
6. Seller's Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
representations and warranties to District, which shall survive close of escrow, each of which
is material and is being relied upon by District.
A. Authority. Seller has the full right, power and authority to enter into
this Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other
documents delivered by Seller to District now or at the Closing have been or will be duly
authorized and executed and delivered by Seller and are legal, valid and binding obligations of
Seller sufficient to convey to District the Subject Property described therein, and are
enforceable in accordance with their respective terms and do not violate any provisions of any
agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws
or corporate resolutions of Seller.
C. Good Title. Seller has and at the Closing date shall have good,
marketable and indefeasible fee simple title to the Subject Property and the interests therein to
be conveyed to District hereunder, free and clear of all liens and encumbrances of any type
whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights
or any other right, title or interest held by any third party except for the exceptions permitted
under the express terms hereof, and Seller shall forever indemnify n p , fy and defend District from
and against any claims made by any third party which are based upon any inaccuracy in the
foregoing representations.
7. Integrity of Prog&rty. Except as otherwise provided herein or by express
written permission granted by District, Seller shall not, between the time of Seller's execution
hereof and the close of escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or other earthmoving activities,
cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of
improvements or structures on the Property.
8. Right of Entry for Pruning and Grafting of Apple Trees. After Closing, District
shall permit the Seller to enter the Property for the sole purpose of pruning and grafting of the
Purchase Agreement Page 5
two apple trees located approximately 100 yards north of the single family residence located on
the Property. As used herein, the terms "pruning and grafting" mean Seller's right to cut off
and remove from the Property any of the limbs of either of said apple trees at any time during
the period of this Right of Entry. Neither the District, nor any occupant of the Property after
close of escrow shall take any action to remove, cut down or prune any limbs from said apple
trees until after January 31, 2002. This Right of Entry shall terminate on January 31, 2002.
Seller shall provide District with two weeks written notice prior to entering the Property.
Seller shall indemnify, defend and hold harmless District from any claims, liabilities, losses,
damages and costs, including reasonable attorneys' fees, caused by Seller's exercising this
Right of Entry. District shall have no obligation whatsoever to water, maintain or care for
said apple trees.
9. "As-Is" Purchase and Sale. Except as expressly set forth in this Agreement, this
sale is made without representation or warranty by Seller whatsoever. Seller has provided
District with copies of all reports and documents in its possession regarding the improvements,
physical, geologic and environmental condition of the Property known to Seller for District's
inspection and review. Seller does not represent or warrant the accuracy of any information in
the following reports, and is presenting them to the District merely as part of the Seller's
disclosure of reports Seller has in its possession as described above.
1. California Land Conservation Contract 2/21/78, (Williamson Act)
2. Plat Map
3. Resolution No. 038290 - (Williamson Act)
4. General Information on the Williamson Act
5. How to Apply for an Agricultural Preserve
6. San Mateo County Board of Supervisors Resolution 44396: Implementing the Williamson
Act - available in our office
7. Section 6310, San Mateo County Zoning Regulations: Resource Management District
(RM), 11 pages
8. Civil Code 845 - Maintenance of right of way; Sharing of costs by co-owners
9. Staff Report - San Mateo County Planning Commission - Meeting of 1/11/00
10. Tom Jack - Property Inspection, 3/8/00
11. Western Termite Inspection, 3/8/00
12. AnaCon Testing Laboratories, Inc., Analysis of Water, 8/4/99
13. Daniel Rhodes & Assoc., Inspection of Foundation Pier Drilling, 10/27/75
14. Real Estate Transfer Disclosure Statement, 6 pages, 3/17/00
15. PRDS Supplemental Seller Checklist, 5 pages, 3/17/00
16. Additional Information on 20300 Skyline Blvd., written by Sellers, 3/17/00
17. Regional Disclosure, 3 pages, 2/11/00
18. Building Permits from 1970 - 1990
19. Smoke Detector/Water Heater Compliance, 2/11/00
20. Lead Base Paint, 2/11/00
I
I
Purchase Agreement Page 6
i
21. Residential Earthquake Hazards Report, 2/11/00
22. Buyer's Receipt of "The Environmental Hazard and Earthquake Guide"
i 23. Affiliated Business Arrangement
24. Property I.D. Disclosures
25. 1999-2000 San Mateo County Secured Tax Bill
26. Master list of outlets service & sub-panel breakers
District represents, warrants, acknowledges and agrees that it has had full and ample
opportunity prior to the execution of this Agreement to investigate the Property, including but
not limited to the physical condition thereof, the presence, absence or condition of
improvements thereon, the suitability of the Property for any purpose, the compliance of the
Property for any purpose, the compliance of the Property with applicable laws, the condition
of the soil, water, vegetation, any water courses or bodies of water in, on or adjacent to the
Property, and the surroundings of the Property, and that District shall purchase the Property
AS-IS WITH ALL FAULTS. Except as expressly set forth in this Agreement, Seller
expressly disclaims any representations or warranties concerning any of the foregoing matters.
District represents and warrants to Seller that District has made visual inspections of the
Property and such geologic, soils and other tests as District deems appropriate, and that
District accepts the condition of the Property as set forth above.
10. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.).
B. Representations 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 the best of Seller's knowledge and without further inquiry, the
( ) g Property
does not contain any Hazardous Waste or underground storage tanks;
i
Purchase Agreement Page 7
(ii) To the best of Seller's knowledge and without further inquiry, Seller and the
Property are in compliance with all applicable federal, state and local laws, statutes,
ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or
underground storage tanks;
(iii) At the time Seller acquired the Property, Seller did not know and had no
reason to know that any Hazardous Waste was present, used, manufactured, handled,
generated, stored, treated, discharged, buried or disposed of on, under or about the Property,
or had been transported to or from the Property;
(iv) Seller has not undertaken, permitted or authorized , and will not undertake,
permit or authorize the presence, use, manufacture, handling, generation, storage, treatment,
discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste,
or the transportation to or from the Property, of any Hazardous Waste;
(v) There is no pending or, to Seller's best knowledge, threatened litigation or
proceedings before any administrative agency in which any person or entity alleges the
presence, release, threat of release, placement on, under or about the Property, or the use,
manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under
or about the Property, or the transportation to or from the Property, of any Hazardous Waste;
(vi) Seller has not received any notice and has no knowledge or reason to know
that any governmental authority or any employee or agent thereof has determined, or threatens
to determine, that there is a presence, release, threat of release, placement on, under or about
the Property, or the use, manufacture, handling, generation, storage, treatment, discharge,
burial or disposal on, under or about the Property, or the transportation to or from the
Property, of any Hazardous Waste;
(vii) There have been no communications or agreements with any governmental
authority or agency (federal, state, or local) or any private entity, including, but not limited to,
any prior owners of the Property, relating in any way to the presence, release, threat of
release, placement on, under or about the Property, or the use, manufacture handlin
g,
generation, storage, treatment, discharge, burial or disposal on, under or about the Proprty,
or the transportation to or from the Property, of any Hazardous Waste.
C. In eiemni . Seller shall indemnify, defend and hold harmless District from and
against any legal or administrative proceedings brought against District, and all claims,
liabilities, losses, damages, and costs, foreseen and unforeseen, including without limitation,
attorney, engineering and other professional or expert fees, directly or indirectly arising from
any breach of the warranties or representations contained herein.
11. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the
Purchase Agreement Page 8
fair market value of the Property described in Exhibit "A", as provided for by the Federal
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-
646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-
256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government
Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or
rights Seller may have to any relocation assistance, benefits, procedures, or policies as
provided in said laws or regulations adopted there under and to any other compensation, except
as provided in this Agreement. Seller has been advised as to the extent and availability of such
benefits, procedures, notice periods, and assistance, and freely and knowingly waives such
claims, rights and notice periods except as set forth in this Agreement, including the fair
market value of said Property, as provided for by said Federal Law and any similar California
Law.
12. Miscellaneous Provisions.
A. Access for Investigations.ions. From the date Seller delivers an executed copy of
this Purchase Agreement to District and until the Closing, District and District's agents,
lender, contractors, engineers, consultants, employees, subcontractors and other
representatives (the "District Parties") may, upon the giving of reasonable advance written
notice to Seller or to Ellie Bullis, enter upon the Property for the purpose of inspecting, testing
and evaluating the same; provided, however, that District may not perform any work on the
Property without Seller's prior written consent, which shall not be unreasonably withheld or
delayed and further provided that District shall give Seller at least 24 hours' prior notice of
each proposed entry by District. District shall indemnify, protect, defend and hold Seller free
and harmless from and against any and all claims, actions, causes of action, suits, proceedings,
costs, expenses (including, without limitation, reasonable attorneys' fees and costs), liabilities,
damages, and liens caused b the activities of District Parties while upon the Pro prior to
g Y Po Property
the Closing; provided, however, the foregoing indemnity shall not cover or include any
claims, damages or liens resulting from District's discovery of any Hazardous Substance or
other pre-existing adverse conditions pursuant to its inspections, testing or evaluation.
District's inspections shall be at District's sole expense. District shall repair an damage to the
P� Pe P g Y
Property that may be caused by the District Parties while on the Property performing its
inspections.
B. 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.
C. Attorneys' Fees. If either party hereto incurs any expense, including reasonable
attorneys' fees, in connection with any action, proceeding, or arbitration instituted by reason
of any default or alleged default of the other party hereunder, the party prevailing in such
action, proceeding, or arbitration shall be entitled to recover from the other party reasonable
Purchase Agreement Page 9
expenses and attorneys' fees in the amount determined by the Court or arbitrator, 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.
D. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may in writing: (i) extend the time for
the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other
party; or (iv) waive the fulfillment of any condition that is precedent to the performance by
such party of any of its obligations under this Agreement. The General Manager is authorized
to agree to an extension of the time for the performance of any obligations on the part of
District or. 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.
E. Rights Cumulative. Each and all of the various rights, powers and remedies of
the parties shall be considered to be cumulative with and in addition to any other rights,
powers and remedies which the parties may have at law or in equity in the event of the breach
of any of the terms of this Agreement. The exercise or partial exercise of any right, power or
remedy shall neither constitute the exclusive election thereof nor the waiver of any other right,
power or remedy available to such party.
F. Notices. Whenever any PAY 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 writingand shall be deemed to have been validly served given or
Y
delivered at the time stated below if deposited in the United States mail, registered or cgtified
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: Lynn H. and Marsha Jo Quam
3150 Olalla Road
P. O. Box 1450
Winston, OR 97496
i
i Purchase Agreement Page 10
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.
G. Severabili1y. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction, the
decision of which is binding upon the parties, the parties agree that such determination shall
not result in the nullity or unenforceability of the remaining portions of this Agreement. The
parties further agree to replace such void or unenforceable provisions which will achieve, to
the extent possible, the economic, business and other purposes of the void or unenforceable
provisions.
H. 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.
I. Waiver. No waiver of any term, provision or condition of this AgreemeR ,
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.
J. 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.
II
Purchase Agreement Page 11
K. Time of Essence. Time is of the essence of each provision of this Agreement in
which time is an element.
i
L. 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 repre-
sentations 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.
M. 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.
I
N. 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.
O. 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.
P. Broker's Commission. In addition
i
to the amount payable in Section 2
hereinabove, District shall pay a real estate broker's commission in the amount of$30,300.00
to Coldwell Banker, 116 Portola Road, P 1 oa Porto la Valle CA 94028. No other such commission y, I
is due or payable by the District to Coldwell Banker or to any other broker, agent, person or
entity and Seller hereby indemnifies and holds District harmless from and any a againstand all
g
costs liabilities losses damages, claims,
im c ai s, causes of action or proceedings which may result
from any broker, agent or finder, licensed or otherwise, claimingthrough, under or reason
,g Y
of the conduct of Seller in connection with this transaction.
Q. Captions. Captions are provided herein for convenience only and they form no
part of this Agreement and are not to serve as a basis for interpretation or construction of this
Agreement, nor as evidence of the intention of the parties hereto.
R. 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.
S. 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
i dispute through mediation, or if there is any remaining unresolved controversy or claim
I
Purchase Agreement Page 12
subsequent to mediation, any remaining unresolved controversy or claim shall be settled by
binding 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.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATIO
N OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIAL DISTRICT INITIAL
13. Acceptance. Provided that this Agreement is executed by Seller and delivered
to District on or before March 27, 2000. District shall have until midnight April 12, 2000
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 consideratign 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 No1100 ($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.
//J
Purchase Agreement Page 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by
District in accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN 1
SPACE DISTRICT Lynn H. Quam
ACCEPTED FOR RECOMMENDATION Date: Zd
Michael C. Williams, Real Property hG-��--
Representative Marsha �Jo 6uam
APPROVED AS TO FORM: Date: 2 y( 2000
gi��T�twlxm
Susan M. Schectman, District Counsel
RECCMENDEDT-QRAPPROVAL:
L. Craig Britton
General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
.earth American Title C,.,inpany
DIRECT ALL INQUIRES TO:
Escrow Officer: ALBA ORTIZ
Our No.: M604640
February 16, 2000
COLDWELL BANKER
116 PORTOLA ROAD
PORTOLA VALLEY, CALIFORNIA 94028
ATTN: ELLIE BULLIS
PROPERTY ADDRESS
20300 SKYLINE BLVD.
LA HONDA, 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 4.'s TO ,
THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE
TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF
IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY TITLE INSURANCE, A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
Dated as of JANUARY 27, 2000 CHRISTINE AYERS,PA
at 7:30 A.M, Title Officer
2920 Woodside Road, Woodside, CA 94062 1650)851-7920 FAX NO. (650)851.7924
i..l.1"1s'r�
Page .__Lofj3--
i
forth America
n Title dImpany
The form of policy of title insurance contemplated by this report is:
ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990
The estate or interest in the land hereinafter described or referred to covered by this report
is:
A FEE
Title to said estate or interest at the date hereof is vested in:
LYNN H. QUAM AND MARSHA JO QUAM, HIS WIFE, AS JOINT TENANTS
i
IT
Page 2 of 11 page ...Ot
Order No. M 04640
6
Oorth American Title Ampany
Description: The land referred to herein is situated in the State of California, County of
SAN MATEO, UNINCORPORATEI'D AREA, and is described as follows:
PARCEL I:
A PORTION OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 3 WEST, M.D.B. & M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SECTION 17, DISTANT THEREON
SOUTH 1373.11 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 7, 8, 17
AND 18 IN SAID TOWNSHIP AND RANGE; THENCE FROM SAID POINT OF BEGINNING
EAST 854.53 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF LAND
CONVEYED BY DEED FROM JAMES ROLPH III AND WIFE TO JOHN S. SILLS AND WIFE,
RECORDED DECEMBER 13, 1946 IN BOOK 1296 OF OFFICIAL RECORDS AT PAGE 394;
THENCE ALONG THE SOUTHERLY BOUNDARY OF LAND SO CONVEYED TO SILLS
SOUTH 870 37' 59" EAST 183.90 FEET; THENCE SOUTH 00 33' 29" EAST 3899.48
FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SECTION 17; THENCE
ALONG SAID SECTION LINE WEST 1076.25 FEET, MORE OR LESS, TO THE CORNER
COMMON TO SECTIONS 17, 18, 19 AND 20; THENCE ALONG THE WEST LINE OF SAID
SECTION 17, NORTH 3906.89 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 11:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR AND BY ALL KINDS OF
VEHICLES AND ALL OTHER PURPOSES INCIDENT TO NORMAL USE OF SUCH LAND,
INCLUDING WATER PIPES, SEWER PIPES, ELECTRIC PIPES OR CONDUITS OR POLE
LINES LEADING THERETO, TO BE USED IN COMMON WITH OTHER PARTIES, OVER,
ACROSS AND UNDER A STRIP OF LAND 10 FEET ON EITHER SIDE OF THE HEREIN
DESCRIBED LINE TO-WIT:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF THE
SKYLINE BOULEVARD WITH THE CENTER LINE OF SMALL RANCH ROAD, LEAVING
SAID SKYLINE BOULEVARD ON THE SOUTHWESTERLY SIDE AT STATION 287+37.60
OF SAID SKYLINE BOULEVARD; THENCE UP THE CENTER LINE OF SAID RANCH ROAD
THE FOLLOWING COURSES AND DISTANCES; NORTH 600 12' WEST 100.61 FEET,
NORTH THE FOLLOWING COURSES AND DISTANCES; NORTH 601 12' WEST 100.61
FEET, NORTH, 690 9' WEST 132.38 FEET, NORTH 500 33' WEST 112.79 FEET, AORTH
620 53' WEST 112.67 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF
100 FEET, 45.79 FEET; THENCE NORTH 891 7' WEST 133.52; THENCE ON A CURVE
TO THE RIGHT WITH A RADIUS OF 122 FEET 129.11 FEET; THENCE NORTH 28' 29,
WEST 39.25 =:_:ET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 90 FEET,
95.35 FEET; T�?ENCE NORTH 89': 11 ' WEST 128.10 FEET; THENCE NORTH 760 18'
WEST 161 .70' FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 100
FEET, 68.68 FEET; THENCE NORTH 360 57' WEST 127.81 FEET; THENCE ON A CURVE
To THE LEFT INITH A RADIUS OF 100 FEET, 36.18 FEET; THENCE NORTH 570 41 '
WEST 32.27 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET,
79.21 FEET, C.-ROSSING THE OLD RIDGE ROAD; THENCE SOUTH 760 55, WEST 191 -21
FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 100 FEET, 53.87 FEET;
Page 3 of 11 EXHIBIT 14"
Page_1_01r_j_j_
Order No. M604640
.4orth American Title Company
THENCE 720 13' WEST 95.38 FEET; THENCE ON A CURVE TO THE LEFT WITH A
RADIUS OF 100 FEET, 99.95 FEET; THENCE SOUTH 501 31' WEST 70 FEET; THENCE
ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET, 59.69 FEET; THENCE SOUTH
160 19' WEST 237.68 FEET, SOUTH 100 2' WEST 124.98 FEET; THENCE SOUTH 230
44' WEST 74.70 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 50
FEET, 60.55 FEET, NORTH 860 53' WEST 18.25 FEET; THENCE ON A CURVE TO THE
LEFT WITH A RADIUS OF 50 FEET, 77.11 FEET; THENCE SOUTH 40 45' WEST 92.97
FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 50 FEET, 73.30 FEET;
THENCE SOUTH 880 45' WEST 14.76 FEET; THENCE ON A CURVE TO THE RIGHT WITH
A RADIUS OF 50 FEET, 27.22 FEET; THENCE NORTH 600 4' WEST 122.50 FEET;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 25 FEET, 55.36 FEET; THENCE
SOUTH 60 57' EAST 53-59 FEET AND TO THE NORTH LINE OF THE N.W. Y. OF
SECTION 17, TOWNSHIP 7 SOUTH, RANGE 3 WEST, M.D.B. & M.; THENCE SOUTH 170
42' 20" EAST 20.62 FEET, SOUTH 90 29' EAST 84.53 FEET, SOUTH 550 02' EAST
156.78 FEET, SOUTH 130 23' 25" EAST 105.84 FEET TO A POINT IN THE MOST
NORTHERLY LINE OF LANDS CONVEYED TO SILLS BY DEED HEREINABOVE REFERRED
TO; THENCE CONTINUING THROUGH SAID LAND CONVEYED TO SILLS SOUTH 220 55,
56" EAST 38T.70 FEET; AND THENCE SOUTH 11 ° 34' EAST 195.93 FEET.
SAID EASEMENT IS APPURTENANT TO PARCEL I ABOVE AND WAS CREATED BY THAT
CERTAIN DEED RECORDED ON MARCH 9, 1948 IN BOOK 1446 OF OFFICIAL RECORDS
AT PAGE 199 (FILE NO. 19572-H), RECORDS OF SAN MATEO COUNTY, CALIFORNIA.
PARCEL III:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR PUBLIC UTILITIES
OVER A STRIP OF LAND 20 FEET WIDE, LYING EQUALLY ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
(a) BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN
0.429 ACRE TRACT CONVEYED TO JOHN S. SILLS, ET UX, BY THAT CERTAIN
DEED RECORDED ON OCTOBER 9, 1962 IN BOOK 4309 OF OFFICIAL RECORDS
AT PAGE 174 (FILE NO. 21 176-V), RECORDS OF SAN MATEO COUNTY,
CALIFORNIA, DISTANT THEREON SOUTH 510 21 ' 30" WEST 14.58 FEET FROM
THE MOST NORTHERLY CORNER OF SAID 0.429 ACRE TRACT; RUNNING
THENCE FROM SAID POINT OF BEGINNING SOUTH 280 50' 25" EAST 183.78
FEET; THENCE RUNNING ALONG A TANGENT CURVE TO THE RIGHT ON A
RADIUS OF 45 FEET THRU A CENTRAL ANGLE OF 390 57' 01 " AN ARC
DISTANCE OF 31 .38 FEET; THENCE RUNNING TANGENT FROM SAID CURVE
SOUTH 11 ° 06' 36" WEST 54.89 FEET TO A POINT ON THE SOUTHWESTERLY
LINE OF SAID 0.429 ACRE TRACT DISTANT THEREON NORTH 330 32' 52" WEST
1 .99 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LANDS.
(b) BEGINNING AT THE SOUTHERLY TERMINUS OF THE CENTERLINE DESCRIBED IN
(a) ABOVE; RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH 11 ° 06'
36" WEST 17.84 FEET TO THE WESTERLY TERMINUS OF THAT CERTAIN
COURSE DESIGNATED AS "SOUTH 630 09' 30" WEST 71 .20 FEET" IN THE
GENERAL SOUTHERLY BOUNDARY LINE OF THAT CERTAIN 15.81 ACRE TRACT
CONVEYED TO JOHN S. SILLS, ET UX, BY THAT CERTAIN DEED RECORDED ON
EXHIBIT _
Page 4 of 1 1 Pags jf ®f 1 .
nrriar Nn MR04640
i
.orth American Title C&pan
Y
DECEMBER 13, 1946 IN BOOK 1296 OF OFFICIAL RECORDS AT PAGE 394 (FILE
NO. 411 17-G), RECORDS OF SAN MATEO COUNTY, CALIFORNIA.
EASEMENTS DESCRIBED AS (a) AND (b) ABOVE WERE CREATED BY DEEDS
RECORDED DECEMBER 9, 1974 UNDER FILE NOS. 6424-AI AND 6425-AI,
RECORDS OF SAN MATEO COUNTY, CALIFORNIA.
(c) BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE
DESIGNATED AS "SOUTH 11 ° 34' EAST 195.93 FEET" IN THE DESCRIPTION OF
THAT CERTAIN 20 FOOT WIDE RIGHT OF WAY GRANTED TO DONALD CLAYTON
SPENCER, ET UX, BY THAT CERTAIN DEED RECORDED ON MARCH 9, 1948 IN
BOOK 1446 OF OFFICIAL RECORDS AT PAGE 199 (FILE NO. 19572-H), RECORDS
OF SAN MATEO COUNTY, CALIFORNIA; RUNNING THENCE FROM SAID POINT
OF BEGINNING SOUTH 340 51' EAST 95 FEET; THENCE SOUTH 360 36' 10"
EAST 104.45 FEET; THENCE SOUTH 281 50' 25" EAST 82.16 FEET TO A POINT
ON THE GENERAL SOUTHEASTERLY BOUNDARY LINE OF THAT CERTAIN 15.81
ACRE TRACT CONVEYED TO JOHN S. SILLS, ET UX, BY THAT CERTAIN DEED
RECORDED ON DECEMBER 13, 1946 IN BOOK 1296 OF OFFICIAL RECORDS AT
PAGE 394 (FILE NO. 41 1 17-G), RECORDS OF SAN MATEO COUNTY,
CALIFORNIA, DISTANT THEREON SOUTH 510 21' 30" WEST 14.58 FEET FROM
THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS
SOUTH 510 21 ' 30" WEST 69.80 FEET IN SAID DEED TO SILLS.
THE EASEMENT DESCRIBED AS (c) ABOVE WAS CREATED BY DEEDS RECORDED
DECEMBER 9, 1974 UNDER FILE NOS. 6423-Ai, RECORDS OF SAN MATEO
COUNTY, CALIFORNIA.
PARCEL IV:
A NON-EXCLUSIVE EASEMENT FOR ROADWAY PURPOSES OVER A STRIP OF LAND 20
FEET IN WIDTH, LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THE LANDS CONVEYED TO
JOHN S. SILLS
, ET UX, BY THAT CERTAIN DEED RECORDED ON DECEMBER 13 1946
IN BOOK 1296 OF OFFICIAL RECORDS AT PAGE 394, (FILE NO. 41 1 17-G), RECORDS OF
SAN MATEO COUNTY, CALIFORNIA; THENCE ALONG THE SOUTHERLY LINE OF SAID
LANDS CONVEYED TO SILLS SOUTH 870 37' 59" EAST 574.11 FEET; THENCE N RTH
790 09' 30" EAST 406.40 FEET TO THE TRUE POINT OF BEGINNING OF THE
CENTERLINE OF THE EASEMENT BEING DESCRIBED HEREIN; THENCE FROM THE TRUE
POINT OF BEGINNING SOUTH 100 50' 30" EAST 10.00 FEET; THENCE SOUTH 790 09'
30" WEST 156.95 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 630 00' 31 ", A RADIUS OF 30.00 FEET AND A
LENGTH OF 32.99 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE
RIGHT HAVING A CENTRAL ANGLE OF 930 31 ' 01 ", A RADIUS OF 52.00 FEET AND A
LENGTH OF 84.87 FEET; THENCE NORTH 701 20' 00" WEST 33.13 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 300 30'
30" A RADIUS OF 150.00 FEET AND A LENGTH OF 79.87 FEET; THENCE SOUTH 790
09' 30" WEST 20.16 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE
Page 5 of 11 Page
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Order No. M604640
'Rorth American Title Company
LEFT HAVING A CENTRAL ANGLE OF 820 1 1 ' 12" A RADIUS OF 40.00 FEET AND A
LENGTH OF 57.38 FEET; THENCE SOUTH 3° 01' 42" EAST 93.09 FEET; THENCE
SOUTH 10 33' 04" WEST 44.06 FEET; THENCE ALONG THE ARC OF A TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 750 43' 28" A RADIUS OF
75.00 FEET AND A LENGTH OF 99.12 FEET; THENCE SOUTH 770 16' 32" WEST 61.90
FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 360 09' 26" A RADIUS OF 80.00 FEET AND A LENGTH OF 50.48
FEET; THENCE SOUTH 410 07' 06" WEST 32.62 FEET; THENCE ALONG THE ARC OF A
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 570 57' 54" A
RADIUS OF 45.00 FEET AND A LENGTH OF 45.53 FEET; THENCE NORTH 800 55' 00"
WEST 13.76 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 530 57' 23" A RADIUS OF 30.00 FEET AND A LENGTH
OF 28.25 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 150 53' 46" A RADIUS OF 80.00 FEET AND A LENGTH
OF 22.19 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 510 19' 09" A RADIUS OF 35.00 FEET AND A LENGTH
OF 31.35 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 21 ° 00' 56" A RADIUS OF 115.75 FEET AND A
LENGTH OF 42.46 FEET; THENCE SOUTH 11 ° 18' 42" EAST 31 .09 FEET; THENCE
SOUTH 160 38' 51 " EAST 46.47 FEET; THENCE SOUTH 100 43' 35" EAST 45.48 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 440 55' 49" A RADIUS OF 35.00 FEET AND A LENGTH OF 27.45 FEET;
THENCE SOUTH 340 12' 14" WEST 28.18 FEET; THENCE SOUTH 280 12' 55" WEST
50.36 FEET; THENCE SOUTH 361 12' 14" WEST 50.01 FEET; THENCE SOUTH 60' 57'
40" WEST 45.25 FEET TO THE EASTERLY LINE OF THE LANDS CONVEYED TO DONALD
CLAYTON SPENCER, ET UX, BY THAT CERTAIN DEED RECORDED ON MARCH 9, 1948
IN BOOK 1446 OF OFFICIAL RECORDS AT PAGE 199 (FILE NO. 19572-H), RECORDS OF
SAN MATEO COUNTY, CALIFORNIA.
PARCEL V:
A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED
TO, WATER PIPES, SEWER PIPES, ELECTRIC PIPES AND/OR CONDUITS AND/OR POLE
LINE WITHIN A STRIP OF LAND 10 FEET WIDE, BEING MEASURED AT RIGHT ANGLES
AND LYING CONTIGUOUS TO AND SOUTHERLY FROM THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE NORTHEASTERLY CORNER OF THE LANDS CONVEYED TO OONALD
CLAYTON SPENCER, ET UX, BY THAT CERTAIN DEED RECORDED ON MARCH 9, 1948
1N BOOK 14416 OF OFFICIAL RECORDS AT PAGE 199 (FILE NO. 19572-H), RECORDS OF
SAN MATEO COUNTY, CALIFORNIA, SAID NORTHEASTERLY CORNER ALSO BEING ON
THE SOUTHERLY LINE OF THE LANDS CONVEYED TO JOHN S. SILLS, ET UX, BY THAT
CERTAIN DEED RECORDED ON DECEMBER 13, 1946 IN BOOK 1296 OF OFFICIAL
RECORDS AT PAGE 394 (FILE NO. 41 1 17-G), RECORDS OF SAN MATEO COUNTY,
CALIFORNIA; RUNNING THENCE FROM SAID POINT OF BEGINNING ALONG SAID
SOUTHERLY LINE OF THE LANDS CONVEYED TO SILLS SOUTH 870 37' 59" EAST
390.21 FEET AND THENCE NORTH 790 09' 30" EAST 406.40 FEET.
EXHI SIT-,O-q
Page 6 of 11 Page-k-0 �
Order No. M604640
i
_ 4orth American Title C an
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EASEMENTS SHOWN AS PARCELS IV AND V WERE CREATED BY DEED RECORDED
DECEMBER 9, 1974 UNDER FILE NO. 6425-AI, RECORDS OF SAN MATEO COUNTY,
CALIFORNIA.
PARCEL VI:
A NON-EXCLUSIVE EASEMENT FOR A SINGLE LINE OF POLES AND WIRES OVER A
STRIP OF LAND 10 FEET WIDE, THE CENTERLINE OF WHICH IS THE CENTERLINE OF AN
EXISTING LINE OF POLES AND WIRES AND THE SOUTHERLY PROLONGATION
THEREOF, ACROSS THE LANDS OF JOHN S. SILLS, ET UX, AS• ACQUIRED BY THAT
CERTAIN DEED RECORDED ON DECEMBER 13, 1946 IN BOOK 1296 OF OFFICIAL
RECORDS AT PAGE 394 (FILE NO. 41117-G), RECORDS OF SAN MATEO COUNTY,
CALIFORNIA; AND BY THAT CERTAIN DEED RECORDED ON OCTOBER 9, 1962 IN BOOK
4309 OF OFFICIAL RECORDS AT PAGE 174 (FILE NO. 21176-V), RECORDS OF SAN
MATEO COUNTY, CALIFORNIA; THE CENTERLINE OF SAID EASEMENT BEING MORE
PARTICULARLY. DESCRIBED AS FOLLOWS:
BEGINNI
NG AT A POINT
ON THE SOUTHERLY LINE OF THE LANDS CONVEYED TO
JOHN S. SILLS, ET UX, BY THAT CERTAIN DEED RECORDED ON DECEMBER 13, 1946
IN BOOK 1296 OF OFFICIAL RECORDS AT PAGE 394 (FILE NO. 41117-G), RECORDS OF
SAN MATEO COUNTY, CALIFORNIA, DISTANT THEREON SOUTH 790 09' 30" WEST 62
FEET 10 INCHES FROM THE EASTERLY TERMINUS OF THAT CERTAIN COURSE
DESIGNATED AS "S 790 "
09 30 W 406.40 FEET IN THE AFORESAID DEED TO SILLS
(FILE NO. 41 1 17-G); RUNNING THENCE FROM SAID POINT OF BEGINNING NORTH 81
22 WEST 250 FEET, MORE OR LESS, TO THE INTERSECTION THEREOF WITH THE
NORTHERLY LINE OF THE LANDS CONVEYED TO JOHN S. SILLS, ET UX, BY THAT
CERTAIN DEED RECORDED ON OCTOBER 9, 1962 IN BOOK 4309 OF OFFICIAL
RECORDS AT PAGE 174 (FILE NO. 21176-V), RECORDS OF SAN MATEO COUNTY,
CALIFORNIA.
THE SIDE LINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED SO AS TO
FORM A CONTINUOUS EASEMENT EXTENDING FROM THE SOUTHERLY LINE OF SAID
LANDS OF SILLS (FILE NO.. 41117-G) TO THE NORTHERLY LINE OF SAID LANDS OF
SILLS. (FILE NO. 21176-V).
ASSESSOR'S PARCEL NO.: 080-330-020 J.P.N. NO. 080-033-330-02
Page 7 of 11 Page?Qf 1a ..
Order No. M604640
tl I e Cm pany
forth American Ti
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
1 General and special property taxes, and any assessments collected with taxes,
including utility assessments, are a lien not yet payable to be levied for the fiscal
year 2000/2001.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the
State of California.
3. Water rights, claims or title to water, whether or not shown by the public records.
4. The terms and provisions contained in a Covenant and Agreement:
Executed by: ROBERT ANDERSON AND GRACELLA R.
ANDERSON, WIFE, AND E. LOWELL SUMNER, JR.
AND ETHEL CRAIG SUMNER, HIS WIFE
Recorded: APRIL 10, 1934, OFFICIAL RECORDS
Instrument No.: 39805-C
Book: 618
Page: 341
Which, among other things, provides for:
PROVIDING FOR THE JOINT USE OF EASEMENT HEREIN AND STIPULATES THAT
IF FIRST PARTIES SHOULD INSTALL GATES AT ANY POINT ALONG SAID RIGHT
OF WAY, SECOND PARTIES WILL KEEP SAME CLOSED OR LOCKED IF SO
DIRECTED, AND IF FIRST PARTIES FURNISH KEYS. ALL MAINTENANCE SHALL BE
AT EXPENSE OF SECOND PARTY, EXCEPT WHERE AND WHEN THE ROAD IS
JOINTLY USED, IN WHICH EVENT REPAIR WORK NECESSARY SHALL BE DONE
JOINTLY.
I&
EXHIBIT
Page 8 of 11 Page-Lofi-q-
Order No. M604640
44orth American Title Ampany
5. The terms and provisions contained in a Covenant and Agreement:
Executed by: JAMES ROLPH III AND JANE ROLPH, HIS WIFE
AND JOHN S. SILLS AND ESTHER M. SILLS, HIS
WIFE
Recorded: DECEMBER 13, 1946, OFFICIAL RECORDS
Instrument No.: 41 1 19-G
Book: 1285
Page: 479
Which, among other things, provides for:
ROAD MAINTENANCE AGREEMENT
6. The terms and provisions contained in a Covenant and Agreement:
Executed by: JAMES ROLPH III AND JANE RICHEY ROLPH, HIS
WIFE AND DONALD CLAYTON SPENCER AND
MARY JO SPENCER, HIS WIFE, AS JOINT
TENANTS
Recorded: MARCH 9, 1948, OFFICIAL RECORDS
Instrument No.: 19572H
Book: 1446
Page: 199
Which, among other things, provides for:
ROAD MAINTENANCE
7. Covenants conditions and restrictions
est coons imposed b Ian p y a d conservation contract
executed pursuant to Section 51200 et seq. of the California Government Code.
Dated: FEBRUARY 21, 1978
Executed by: LYNN H. QUAM AND MARSHA JO QUAM
Recorded: FEBRUARY 27, 1978, OFFICIAL RECORD
Instrument No.: 35183AM
Book: 7720
Page: 1302
END OF EXCEPTIONS
I
i
EXHIBIT
Page 9 of 11 Page -J_._,of-,1 1__,
Order No. M604640
ONorth American Title
t e Ampany
INFORMATION/IL NOTES:
There are no conveyances affecting said land recorded w'
Y g within 24 months of the date of
this report.
General and special property taxes, and any assessments collected with taxes, including
utility assessments, for the fiscal year 1999/2000
i
First Installment: $650.74 PAID
Second Installment: $650.74 PAID
Exemption: $7,000.00
Code Area: 66-005
Parcel No.: 080-330-020
i
RIGHTS OF.VARIOUS CLAIMANTS IN AND TO THE WATER OF THE SAN GREGORIO
CREEK STREAM SYSTEM AS DETERMINED IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, COUNTY OF SAN MATEO, CASE NO. 355792, SAID RIGHTS BEING
DISCLOSED BY THE FOLLOWING RECORDED INSTRUMENTS,
I
A) FEBRUARY 18, 1993, DOCUMENT NO. 93026619
B) APRIL 6, 1993, DOCUMENT NO. 93053614
C) JUNE 10, 1993, DOCUMENT NO. 93095377
This charge for a policy of title insurance, if issued through this title order, will be based
on the basic insurance rate.
DH/2/16/2000
Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 1 16/116.2.
There is located on said land A SINGLE FAMILY DWELLING known as 20300 SKYLINE
BLVD., LA HONDA, CALIFORNIA.
THE LAND REPORTED ON HEREIN DOES NOT QUALIFY FOR THE CLTA/ALTA
HOMEOWNER'S POLICY
EXHIBIT
Page 10 of 11 Page�0 � p
Order No. M604640�__
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*orth American Title Cfn an
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GOOD FUNDS LAW
CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN
TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR
MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES:
SAME DAY AVAILABILITY — DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE
DEPOSITED TO NORTH AMERICAN TITLE COMPANY ('NORTH AMERICAN TITLE COMPANY, INC.') IN CASH OR
BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY
UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT.
' NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY
CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT
BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL
INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING
WITH A CHECK AGAINST A FDIC INSURED BANK).
' 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE
DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS
MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A
"HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS,
PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES
THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER
DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.)
NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR
ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES.
PRELIMINARY CHANGE OF OWNERSHIP REPORT
NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS
ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE
RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE
ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE.
IRS FORM 1099
BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A
TAXPAYER IDENTIFICATION NUMBER TO US SO THAT'NE CAN FILE AN IRS FORM 10C9, OR ITS EQUIVALENT, WITH THE INTERNAL
REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTICN 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 19562 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 1$500).
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISiC,,. 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 CONVEvED 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 CORPORAT'CN, HAS A PERMANENT PLACE_ OF BUSINESS IN CALIFORNIA OR
THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNCER PENALTY OF PERJURY, T'eAT THE
CALIFORNIA REAL PROPERTY BEING CONVEYEZ 'S THE SELLEF.'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF
THE INTERNAL REVENUE COC€),
THE SELLER IS SUBJECT TO PENALTY FOR KNOWING:_` F"!NG A FRA' DULENT CE.R`:^'CATE FOR THE PURPOSE OF AVOIDING THE
WITHHOLDING REQUIREMENT.
THE CALIFORNIA STATUES REFERENCED ABOVE !NC'_,—E °:ROVISIONS ::RICH AUT-C=IZE THE FRANCHISE TAX BOARD TO GRANT
REDUCED WITHHOLDING AND WAIVERS FROM `,^ ITr=r ,+NG ON A CASE-BY-CASE 3,_S.S. IN THE EVENT THE BUYER REQUIRES
WITHHOLDING OF THE 3 1;3 PERCENT OF SALES PR!CE =R041 THE SE:._ERS PRCCEEDS, THE BUYER !S REQUIRED TO FILE A COPY
OF FORM FTS597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE 'NITHHOLDING ,AMOUNT DUE NO LATER THAN THE 20TH
DAY OF THE MONTH FOLLOWING THE MONTH !N `,4' Z- THE WITHHOLDING OCCURPED, UNLESS THE SELLER HAS REQUESTED A
WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, T.._ FRANCHISE TAX BOARD, '.',!THIN 45 DAYS, WILL EITHER AUTHORIZE A
REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE '_ZUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF
FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD
WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 95812-0651 (916)845-4900.
EXHIBIT
Page 11 of 11
Page -L-of.0-
Order No. M604640 IF
�
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�
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�
�
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^~~" , ~~~� NOTES:
=~^�^
�
�
DO8/'TDELAY YOUR CLOSE OFESCROW/ &FAN}'OFTHE FOLLOWING ITEMS AFFECT �
YOUR TRANSACTION, PLEASE NOTIFY YOUR ESCROW OFFICER AS SOON AS POSSIBLE. �
Ongoing Construction
�
The Title Company will require, aaa minimum, the following prior tm`nauhnQ: �
A. verified
lid �
days from recordation o1 said notice or;
B. Approved Indemnities from Burrovver/SeUor' approved financial �
statement not over one year old and a waiver oflien rights from the
general contractor. �
1 The Tide Company may also require proof of payment of �
subcontractors, indemnity and financial statement from the general �
contractor, e copy ofthe contract and the with-holding of ourn 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 o como by case basis. �
U' Bankruptcy
�
� The Title Company will require, as a rnininnurn' the following prior to insuring: �
A. The bankruptcy case bo closed or' �
�
B. An order from the bankruptcy court verifying the transaction, with m
� demand placed into msonuvv by the trustee. �
�
�. Escrow may not close until 15 days have elapsed from the order and �
the file has been checked to verify that there are no objections tosaid �
order.
�
U|. Abstracts of Judgment, Liens, Tam Liens ~� �
The Tide Company will require' as a rnininnurn' the following prior to insuring: �
A. Proof that the buyer/seller is not the same party as on the recorded �
liens.
1Jhim is accomplished by the buyer/seller/borrower completely filing �
out and signing u statement ofinformation.
B. The itorno are to paid off in escrow.
C. The items are tobe subordinated tothe new transaction.
� |V. Community Property
� California in 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 iu sufficient ifo final decree is issued and recorded in e
uounty.
| '
| �� EXoowBwpkl�
| Page
.Jorth American Title &mpany
DID YOU KNOW?
Any of the following situations could cause a substantial delay in close of escrow.
The earlier we are made aware of potential problems, the earlier the issues can be
dealt with 'to ensure a smooth and timely close of your transaction.
Are your principals trying to accomplish a tax deferred exchange? If so,
have they chosen an intermediary and who is it?
Will any of the principals be using a Power of Attorney?
Are any of the vested owners deceased or in any way incapacitated?
Do all of the principals who will be signing have a current photo I.D. or
Driver's License?
Have any of the principals recently filed for bankruptcy?
Are the sellers of this transaction residents of California?
Has there been a change in marital status of any of the vested owners or
will we be adding anyone to title, i.e. co-signers, additional insured, etc.?
Is the property currently vested in a trust or will the new buyer/borrower
vest in a trust?
Are any of the trustees of the trust deceased or incapacitated?
Will this transaction involve a short sale?
Will there be a new entity formed, i.e. partnership, corporation?
Will all of the principals be available to sign or will we be Federal Expressing
documents to another state,'country? If so, where?
If you have any other information which may be useful to us, please contact your
escrow officer as soon as possible. Our goal is to make your transaction as easy
and trouble-free as possible. We a-Preciate your business and hope that you find
North American Title Company yoL:r company of choice for all of your title and
escrow needs.
EXHIBIT
10 P899 .1-10i-q-
lorth American Title CoRn an
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EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE
EXCEPTIONS FROM COVERAGE
This policy does not insure against foss 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 Hens by the records of any taxing authority that levies taxes or assessments on rea
whether or not shown by the records of such agency or by the public records.
property or by the public records. Proceedings by a public agency which may result in taxes or assessment,or notice of such proceedings.
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
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
title to water, whether or not the matters excepted under(a),lb),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;(H)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 al
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,Hen or encumbrance resul ir,
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, Tien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
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.e e.
9
3. Defects, liens, encum
brances, adve
rse claims or m other otters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to b the insured claimant;Y c t
(b)not known to the g y Company,, not recorded in the public records at Date of Policy,
P Y o c but known
P o to the insured claimant and not disclosed in
Y
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 tf
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 failur
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 insur
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 3.1970
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 ar
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 (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value f
the estate or interest insured by this policy.
EXHISIT
Pag-m y�o
_.
orth American Title Anpany
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987
EXCLUSIONS
In addition to the exceptions in schedule b, you are not insured against loss,costs,attorney's fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation.This includes building and zoning ordinance
and also laws and regulations concerning:
• and use
• improvements on the land
• land division
• environmental protection
this exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of covered title risks
2. The right to take the land by condemning it,unless:
• a notice of exercising the right appears in the public records on the policy date.
• the taking happened prior the policy date and is binding on you if you bought the land without knowing of the taking.
3. 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 Omit the tabor and material lien coverage in item 8 of covered title risks.
4. Failure to pay value for your tile.
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 We 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 Omit the lien coverage in item 8 of the covered title risks.
(C) any facts about the land which a correct survey would disclose and which are not shown by the public records.This does not emit the forced remo-
coverage in hem 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;(0)the character,dimensions or location of any improvement now .
hereafter erected on the land;(Bi)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
part;or ()v) 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 noffaxcluding 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 ar
statutory lien for services, tabor 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 unenforceabiiity 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.
ENI�IT
Page
i
arth American litfe G_ -apany
6. Any statutory lien for services, labor or materials(or the claim of priority of any statutory Lien for services, labor or materials over the Ron 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 i
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 o,
obligated to advance.
I
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors'rights laws,that is based on;
(1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or
(11)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(Ill) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results fre
the failure;
I
(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.
S.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
I
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 taws,ordinances,or regulations),restricting,
regulating, prohibiting or relating to(I)the occupancy, use or enjoyment of the land, (0)the character,dimensions or location of any Improvement now
hereafter erected on the land, (nr)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
part, or(iv) environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a
notice of the enforcement thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at date of policy.
(8) 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, Ron 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 tt
the company by the insured claimant prior to the
date of the insure
d claimant became
me an insured n s d under this poli
cy;
cy,
(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 b this policy, b reason of the operation of federal
Y P Y Y P
bankruptcy, state insolvency similar
y or mar creditors' rights taw that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
()tithe transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
(a) to timely record the instrument or transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A. ENDORSEMENT FROM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, <
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.
i
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 tc
the company, and not shown by the public records but not known to the insured claimant either at date of policy or at the date such claimant acquired
an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the company prior to
the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d)attaching or created
subsequent to date of policy, (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is
afforded herein as to assessments for street improvements under construction or completed at date of policy)
Paqe.&�CLLL
i
orth American Title COnpany
4. Unenforceabil'rty of the Hen of the insured mortgage because of failure of the insured at date of policy or of any subsequent owner of the Indebtedn,
to comply with applicable 'doing business'laws of the state in which the land Is situated.
7. ALTA.Plain Language Owner's Polley(6/87)
America First Protection Added(6/1/97)
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss,costs, attorney's fees, and expenses resulting 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 Tithe Risks.
2. The right to take the land by condemning it, unless:
(a) a notice exercising the right appears In the public records on the Policy Date
(b)the take happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a)that are created, allowed, or agreed to by you
(b)that are known to you, but not to us,on the Policy Date—unless they appeared in the public records
(c)that result in no loss to you
(d)that first affect your title after the Policy Date—this does not limit the coverage described in items 3b,8, 17 and 19 of Covered Two Risks.
4. Failure to pay value for your two
5. Lack of a right:
(a)to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
(b) in streets, alleys or waterways that touch your land
This exclusion does not limit the coverage described in items 5 and 12a of Covered Title Risks.
Standard exceptions:
(a) any rights, interests or claims of parties in possession of the land not shown by the public records.
(b) any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered risks.
(c) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced
removal coverage in item 12 of the covered title risks.
(d) any water rights,claims or title to water on or under the land.
8. ALTA Loan Policy-Form 1 (10/17/92)
America First Protection Added (6/1i97)
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
Pi)the character, dimensions or location of any improvement now or hereafter erected by the Land
(iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part
(iv) environmental protection, or the effect of any violation of these laws, ordinances or government regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in th
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, i6 and 24 of this policy.
—EXHISIT
Page _j .,of,�
i
firth American Title C.. _.ipany
2. Rights of eminent domain unless notice of the exercise thereof h:as been recorded in the Public Records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy, but not excluding from coverage any taking which as occurred prior to Date of Policy
which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to be the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the insured Claimant and not disclosed In writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph
(d) does not limit the coverage provided under Insuring provisions 7, 8, 19, 20, 21, 23,24 and 25):or
(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 an
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 author(ty which become a lien on the Land subsequent to Date of Policy.
7.Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws,that is based on:
(a)the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(b)the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(c)the transaction creating the interest of the Insured Mortgagee being deemed a preferential transfer except where the preferential transfer resuhs frog
the failure:
(i) to timely record the instrument or transfer;or
Oil of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceabiRty or lack of priority of the Tien 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 Gm
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 e
result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
LXHIISIT
—4
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/9 ASSESSOR'S .4Ap COUNTY Of SAN MArcO CA[/E PAGE Sf �}
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1
R-00-48 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-08
April 12, 2000
AGENDA ITEM 3
AGENDA ITEM
Proposed Addition of Benson Property to Kennedy Limekiln Area of Sierra Azul Open Space
Preserve -
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are cate4 exempt from the California
Environmental Quality Act as set out in this report.
2. Adopt the attached resolution authorizing purchase of the Benson property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained
in this report, including naming the Benson property as an addition to the Kennedy
Limekiln Area of Sierra Azul Open Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space at
this time.
DESCRIPTION(see attached map)
The property being considered for acquisition is located in unincorporated Santa Clara County
near Mt. Thayer east of Lexington Reservoir. It is in close proximity to Soda Springs Road,
situated on a prominent ridge in the upper portion of the Soda Springs Canyon watershed. The
property is in close proximity to the Kennedy Limekiln Area of the Sierra Azul Open Space
Preserve and, together with other District land, forms a major part of the headwaters of Soda
Springs Creek. The property is easily viewed from a segment of the Bay Area Ridge Trail that
lies directly to the north. This acquisition is important in terms of protecting valuable wildlife
habitat, watershed and scenic open space.
The 2.2-acre property is surrounded by private property but lies within 35 yards to the south of
the KennedyLimekiln Area of Sierra Azul Open Space Preserve. Access is limited to an
P P
unsurfaced road that originates at Soda Springs Road and passes through a private parcel,
terminating in the middle of the Benson property. The topography is comprised of steep
northwest facing slopes that drain into Soda Springs Canyon. A small cabin occupies a leveled
area near the center of the property. Dense stands of scrub oak and madrones are characteristic
of the area and transition to mixed evergreen forest nestled in a shallow ravine. A major tributary
of Soda Springs Creek originates on and above the property, descending in a northerly direction
into the open space preserve.
Improvements to the property consist of an unsurfaced road, a one bedroom cabin, and a water
system. An access easement approximately 1,000-foot in length passes through two adjacent
330 Distel Circle e Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd®openspace.org • web site:www.openspace.org '
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton
t
R-0048 Page 2
private parcels to the west, providing road access to the property's southwest comer where the
cabin is located. The road originates on Soda Springs Road to the east of a locked gate at the end
of the county-maintained section of the road. An electric and telephone line parallel the road to
the cabin site. The cabin's size is 608 square feet, has no foundation, and is in a state of disrepair.
The water system consists of a redwood water tank and associated piping from a nearby spring.
The spring is on an adjacent parcel and is the subject of an easement that benefits the Benson
property.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located within an unincorporated area of Santa Clara County and zoned HS
{Hillside), requiring a 20 to 160 acre minimum lot size dependent on the average steepness of the
property; however, the subject parcel is a legal site because it was created before the advent of the
current zoning. Santa Clara County's Draft Trails Master Plan identifies the San Francisco Bay
Area Ridge Trail corridor in this vicinity, connecting Lexington Reservoir Recreation Area to Mt.
Madonna County Park.
The parcel is rated in the District's Open Space Master Plan as having moderate composite open
space values and is important in terms of protecting watershed, wildlife habitat, and scenic
backdrop.
The one-room cabin has been used intermittently and has no known historical or cultural
significance. Due to its poor condition and an inadequate septic and water system, it poses a
potential nuisance and should be removed. In addition, a 750-gallon in-ground home heating oil
tank is to be removed. The tank site has been tested for soil contamination, and meets the
regulatory requirements used by Santa Clara Valley Water District for removal and disposal. The
cabin's remote location and general condition severely limits its benefit to any District program,
including use for enterprise or ranger residence purposes.
Preliminary Use and Management Plan Recommendations
Public Access: Closed to the public at this time.
Name: Name the property as an addition to Kennedy Limekiln Area of Sierra Asul Open Space
Preserve.
Structures: Cabin and storage tank to be removed as soon as possible.
Signs: Install private property and preserve boundary signs where appropriate.
Site Safety Inspection: Preliminary inspection is complete, and comprehensive inspection to be
complete before the close of escrow.
R-0048 Page 3
Dedication: Indicate your intention to withhold dedication of the property as public open space at
this time.
CEQA COMPLIANCE
Project Description
The project consists of the acquisition of a 2.2-acre parcel of land as an addition to Kennedy
Limekiln Area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary
Use and Management Plan for the addition. Ultimately, the property will be included in the
Comprehensive Use and Management Plan for the nearby open space preserve. A cabin that is in
poor condition and a storage tank will be removed. The land will be permanently preserved as
open space, open to the public, 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(the California Environmental Quality Act) under Article 19,
Sections 15301, 15316, 15317, 15325 and 15061 as follows:
Section 15301(1) exempts the demolition and removal of individual small structures that have no
cultural, historical, or architectural significance. The exemption is based on a determination that
the structure proposed to be removed is similar in age, style and condition to other structures that
have been surveyed and determined to have no significance.
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural
condition and the management plan proposes to keep the area in a natural condition. The use and
management plan specifies the land will not be developed and will remain in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will accept fee interests in the property and maintain the open
space character of the area.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space.
This acquisition will transfer ownership of the property to the District and ensure it will be
preserved as public open space.
This acquisition qualifies under all 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.
TERMS & CONDITIONS
The purchase price of this 2.2 acre property is $10,000, which is payable in cash at the close
of escrow. This property is being acquired on a bargain sale basis as the price being paid is
R-0048 Page 4
substantially below the appraised value of the subject property. The property consists of a
single legal parcel in unincorporated Santa Clara County. As part of this transaction, the
District is assuming responsibility for clean-up of the 750 gallon heating oil tank and removal
of the cabin. The cost to remove and dispose of the heating oil tank, and the removal of the
cabin, is estimated to be $10,000.
BUDGET CONSIDERATIONS
2000/2001 Budget for Land Acquisition
New Land $20,0009000
Benedetti Acquisition proposed earlier on this agenda (1,270,000)
Quam Acquisition proposed earlier on this agenda (1,040,300)
Benson Acquisition proposed as this agenda item (10,000)
Acquisition Budget Remaining $17,679.700
Controller M. Foster has been consulted on this proposed acquisition, and indicated that,
considering cash flow and availability, funds are available for this property purchase. This
parcel was identified as an important addition to the Sierra Azul Open Space Preserve for
scenic protection, wildlife habitat and watershed protection.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices of this proposed acquisition.
Prepared by:
Del Woods, Senior Acquisition Planner
Michael C. Williams, Real Property Representative
Map prepared by:
Ana Ruiz, Planning Technician
Contact person:
Michael C. Williams, Real Property Representative
I
RESOLUTION 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE PURCHASE
AGREEMENT, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE
ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA
AZUL OPEN SPACE PRESERVE - LANDS OF BENSON)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept
the offer contained in that certain purchase agreement between Harry A. Benson, Trustee and the
Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a
part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the
District.
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to
execute a Certificate of Acceptance on behalf of the District.
ro
Section Three. The General Manager of the Distract shall cause to begiv n e appropriate notice of
acceptance to seller. The General Manager is further authorized to execute any and all other documents in
escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager of the District is authorized to expend up to $15,000 to cover the
cost of title insurance, escrow fees, removal of the heating oil tank, demolition of the cabin, and other
miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund
will be reimbursed in the amount of$10,000 from the proceeds of the next long-term District note issue.
This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space
District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the
Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's
budgetary and financial circumstances. There are no funds or sources of moneys of the District that have
been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside
to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of
proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the
District's official intent to use proceeds of indebtedness to reimburse itself for this open space land
acquisition project expenditure.
SIERRA AZUL OPEN SPACE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wit` O
"SIERRA AZUL
OPEN, SPACE PRESERVE
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Proposed Acquisition ml
Benson, 2.2 Acres
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EXHIBIT A --- --- ---- . —___ — _
s
PURCHASE AGREEMENT - BARGAINS
This Agreement is made and entered into by and between HARRY A. BENSON,
Trustee under Declaration of Trust dated December 17, 1990 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.
WHEREAS, Seller wishes to sell and convey said property to District, at a price
below fair market value, and District wishes to purchase said property upon the terms and conditions
set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase
from Seller, Seller's real property located within an unincorporated area of the County of Santa
Clara, State of California, containing approximately Two and Two Hundredths (2.2) acres, more or
less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-31-005. Said
property is further described in the Legal Description attached to Preliminary Title Report number
99171322 from North American Title Company, a copy of said preliminary title report attached
hereto as Exhibit "A", and incorporated herein by this reference. Said property is to be conveyed
together with any 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
i "Property".
•
Purchase Agreement Page 2
2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be
Ten Thousand and No/100 Dollars ($10,000.00), 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) 399-4100 (Escrow number 99171322) 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
May 12, 2000; provided, however, that the parties may, by written agreement, extend the time for
term "Closing" as used herein shall be deemed to be the date when Escrow Holder
Closi
ng.. The to
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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 Nine thousand
and No/100 Dollars ($9,000.00) which is the balance of the Purchase Price of Ten Thousand and
No/100 Dollars as specified in Section 2. The balance of$1,000.00 is paid into escrow in
accordance with Section 12 of this Agreement.
E. District and Seller shall share (50/50) the escrow fees, the CLTA Standard
Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or
Purchase Agreement Page 3
expenses not otherwise provided for in this Agreement shall be apportioned or allocated between
District and Seller in the manner customary in Santa Clara County. All current property taxes on
the Property shall be pro-rated through escrow between District and Seller as of the Closing based
upon the latest available tax information using the customary escrow procedures.
F. Seller shall cause North American Title Company, or other title company
acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA
Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of
$10,000 for the Property showing title to the Property vested in fee simple in District, subject only
to: (i) current real property taxes, (ii) exceptions numbered 2 and 5 as shown in Preliminary Report
dated December 15, 1999 (Exhibit A), and (iii) such additional title exceptions as may be approved
in writing by District prior to the Closing as determined by District in its sole and absolute
discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing have
been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the
Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall
cause to be delivered to District the original of the policy of title insurance required herein, and to
Seller Escrow Holder's check for the 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 of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any
further obligations hereunder, except as otherwise provided herein. Upon any such termination of
escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its
title and escrow cancellation charges (subject to rights of subrogation against any party whose fault
may have caused such termination of escrow), and each party expressly reserves any other rights and
remedies which it may have against any other party by reason of a wrongful termination or failure to
close escrow.
5. Leases or Occli=cy 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 Distract free and harmless and to reimburse District for any an d 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).
i
Purchase Agreement Page 4
6. Seller's Revresentations and Warranties. For the purpose of consummating the sale
and purchase of the Property in accordance herewith, Seller makes the following representations and
warranties to District, which shall survive close of escrow, each of which is material and is being
relied upon by District.
A. Authority. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other documents
delivered by Seller to District now or at the Closing have been or will be duly authorized and
executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to
convey to District the Subject Property described therein, and are enforceable in accordance with
their respective terms and do not violate any provisions of any agreement to which Seller is a party
or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller.
C. Good Title. Seller has and at the Closing date shall have good, marketable
and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to
District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and
clear of any recorded or unrecorded option rights or purchase rights or any other right, title or
interest held by any third party except for the exceptions permitted under the express terms hereof,
and Seller shall forever indemnify and defend District from and against any claims made by any
third party which are based upon any inaccuracy in the foregoing representations.
D. ELQ2gM RelatedWithin 5 days from the date Seller delivers an
executed co of this Purchase Agreement to District Seller shall provide District with all reports
PY g P �
and documents, if any, in its possession regarding the improvements, physical, geologic and
environmental condition of the Property for District's inspection and review.
7. Integrity of Pry. Except as otherwise provided herein or by express written
permission granted by District, Seller shall not, between the time of Seller's execution hereof and
the close of escrow, cause or allow any physical changes on the Property. Such changes shall
include but not be limited to grading, excavating or other earthmoving activities, cutting or
removing trees, shrubs, brush or other vegetation; and damaging or demolition of improvements or
structures on the Property.
8. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment 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.
I
Purchase Agreement Page 5
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et
seq.).
B. Rgpresentations and Warranties. For the purpose of consummating the sale
and purchase of the Property, Seller makes the following representations and warranties to District,
which shall survive close of escrow, each of which is material and is being relied upon by District:
(i) 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 j
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 any 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. As set out in
Section 8 herein, District and Seller hereby agree that this indemnity shall be limited to the sum of
$10,000.00.
9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the fair
market value of the Property described in Exhibit "A", as provided for by the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform
Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation
and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) (42 U.S.C. §4601 et seq.),
and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby
waives any and all existing and/or future claims or rights Seller may have to any relocation
assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there
under and to any other compensation, except as provided in this Agreement. Seller has been advised
as to the extent and availability of such benefits, procedures, notice periods, and assistance, and
freely and knowingly waives such claims, rights and notice periods except as set forth in this
Purchase Agreement Page 6
Agreement, including the fair market value of said Property, appraisals, etc., as provided for by said
Federal Law and any corresponding California Government Code Sections, and District agrees to
provide Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted by
Seller thereunder.
10. Condition of FxQpcM. District has inspected the Property and at the Closing or
possession of the Property by District, whichever occurs later, District shall assume all responsibility
for clean-up and removal of the 608 sq. ft. wood framed cabin, and the 750 gallon home heating oil
tank located on the Property. This Section 10 does not relieve Seller of any of Seller's
responsibilities, representations and warranties set out elsewhere in this Agreement.
11. Miscellaneous Provisions.
A. Access for Investigations. From the date Seller delivers an executed copy of
this Purchase Agreement to District and until the Closing, District and District's agents, lender,
contractors, engineers, consultants, employees, subcontractors and other representatives (the
"District Parties") may, upon the giving of reasonable advance written notice to Seller, enter upon
the Property for the purpose of inspecting, testing and evaluating the same; provided, however, that
District may not perform any work on the Property without Seller's prior written consent, which
shall not be unreasonably withheld or delayed and further provided that District shall give Seller at
least 24 hours' prior notice of each proposed entry by District. District shall indemnify, protect,
defend and hold Seller free and harmless from and against any and all claims, actions, causes of
action, suits, proceedings, costs, expenses (including, without limitation, reasonable attorneys' fees
and costs), liabilities, damages, and liens caused by the activities of District Parties while upon the
Property prior to the Closing; provided, however, the foregoing indemnity shall not cover or include
any claims, damages or liens resulting from District's discovery of any Hazardous Substance or other
pre-existing adverse conditions pursuant to its inspections, testing or evaluation. District's
inspections shall be at District's sole expense. District shall repair any damage to the Property that
may be caused by the District Parties while on the Property performing its inspections.
B. 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.
C. 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.
r
Purchase Agreement Page 7
D. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may: (i) extend the time for the
performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other party; or
(iv) waive the fulfillment of any condition that is precedent to the performance by such party of any
of its obligations under this Agreement. The General Manager is authorized to agree to an extension
of the time for the performance of any obligations on the part of District or 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.
E. Rights Cumulative. Each and all of the various rights, powers and remedies
of the parties shall be considered to be cumulative with and in addition to any other rights, powers
and remedies which the parties may have at law or in equity in the event of the breach of any of the
terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall
neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy
available to such party.
F. 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 certifier) 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: Harry Benson
838 Cherrystone Drive
Los Gatos, CA 95032
(408) 356-4379
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
(650) 691-1200
FAX: (650) 691-0485
Purchase Agreement Page 8
If sent b telegraph, facsimile co or cable a confirmed co of such telegraphic, fac facsimile Y g P � PY � PY
s e 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.
G. Severability. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction, the
decision of which.is binding upon the parties, the parties agree that such determination shall not
result in the nullity or unenforceability of the remaining portions of this Agreement. The parties
further agree to replace such void or unenforceable provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or unenforceable provisions.
H. Counters=. 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.
I. 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.
J. 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.
K. Time of Essence. Time is of the essence of each provision of this Agreement
in which time is an element.
L. 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.
Purchase Agreement Page 9
M. Assi meat. 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.
N. 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.
O. 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.
P. 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.
Q. Captions. Captions are provided herein for convenience only and they form
no part of this Agreement and are not to serve as a basis for interpretation or construction of this
Agreement, nor as evidence of the intention of the parties hereto.
R. 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.
S. Arbitration of Disputes. If a dispute arises out of or relates to this
Agreement or the performance or breach thereof, the parties agree first to participate in non-binding
mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through
mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation,
any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall
jointly select one arbitrator who shall be a retired or former judge of the Superior Court of
California. The arbitration shall be conducted in accordance with the rules set forth in California
Code of Civil Procedure Sections 1280 et. seq. Hearings shall be held in Santa Clara County,
California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted
by Judicial Arbitration and Mediation Services, 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 INITLALING 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
Purchase Agreement Page 10
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 COMPEL LED
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" ]PROVISION TO NEUTRAL ARBITRATION.
SELLER BUYER INITIAL WLCL)
12. Ag=tance. Provided that this Agreement is executed by Seller and delivered to
District on or before February 18, 2000 District shall have until midnight April 12, 2000 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.
Purchase Agreement Page 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by District
in accordance with the terms hereof.
DISTRICT: SELLER:
V
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT Harry A nson, Trustee Under the
Declaration of Trust dated September 17,
1990
ACCEPTED FOR RECOMMENDATION
Date:
Michael C. Williams, Real Property
Representative
APPROVED AS TO FORM:
Susan M. Schectman, General Counsel
NDED FOR APPROV
L. Craig Britton, General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
Date:
ATTEST:
District Clerk
Date:
•
�■NORTH
ALIM,�,�EERICAN DIRECT ALL INQUIRES TO:
COMPANY Escrow Officer: SUSAN TROVATO
Telephone No. 408-399-4100
Our No.: 99171322
December 28, 1999
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 DISTEL CIRCLE
LOS ALTOS, CALIFORNIA 94022
ATTN: MIKE WILLIAMS
PROPERTY ADDRESS
15870 SODA SPRINGS ROAD
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 CAU
SE 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 DECEMBER 15, 1999 PAM THOMPSON
at 7:30 A.M. Title Officer
497 North Santa Cruz Avenue, Los Gatos, California 95030, (408) 399-4100 FAX NO. (408) 354-3212
Page,�._of.1.3.
The form of policy of title insurance contemplated by this report is:
ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990
The estate or interest in the land hereinafter described or referred to covered by this report
is:
A FEE AS TO PARCEL ONE.
AN EASEMENT AS TO PARCELS TWO & THREE.
Title to said estate or interest at the date hereof is vested in:
HARRY A. BENSON, TRUSTEE UNDER DECLARATION OF TRUST DATED SEPTEMBER
17, 1990, FOR THE BENEFIT OF HARRY A. BENSON, SETTLOR
EXi MIT
9 r'
Page 2 of 6 �" a � r
Order No. 99171322
Description: The land referred to herein is situated in the State of California, County of
SANTA CLARA, IN AN UNINCORPORATED AREA, and is described as follows:
PARCEL ONE:
BEGINNING AT A POINT IN THE NORTHWEST %4 OF SECTION 12, TOWNSHIP 9 SOUTH,
RANGE 1 WEST, M.D.B. & M., FROM WHICH POINT THE NORTHEASTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND CONVEYED BY LENA WILTZ PREON TO FRANCES C.
DIETERICH BY DEED RECORDED OCTOBER 28, 1949, IN BOOK 1869 AT PAGE 35,
OFFICIAL RECORDS OF SANTA CLARA COUNTY, BEARS N. 82 DEGREES 35' 20" W.
736.95 FEET, AND ALSO FROM WHICH POINT OF BEGINNING THE COMMON CORNER
FOR SECTIONS 1, 2, 11 AND 12 OF TWP. 9S., R. 1W. BEARS N.2 DEGREES 31' W.
127.06 FEET AND S. 87 DEGREES 29' W. 1398.52 FEET; THENCE FROM SAID POINT
OF BEGINNING THE FOLLOWING NINE BOUNDARY COURSES, WITH EACH CORNER
MARKED BY AN IRON PIPE; S. 5 DEGREES 46' W. 125.90 FEET, S. 5 DEGREES 52' W.
235.32 FEET, S. 81 DEGREES 26' 30" E. 170.34 FEET, S. 84 DEGREES 49' E. 118.38
FEET, N 18 DEGREES 18' 30" E. 114.88 FEET, N. 19 DEGREES 22' E. 90.52 FEET, N. 52
DEGREES 43' 30" W. 255.08 FEET, N. 47 DEGREES 49' W. 91 .54 FEET, AND S. 71
DEGREES 30' 30" W. 47.38 FEET TO THE POINT OF BEGINNING, CONTAINING 2.20
ACRES, AS SURVEYED AND DESCRIBED IN AUGUST, 1958 BY PARK L. VERNER, L.S.
NO. 2372.
PARCEL TWO:
AN EASEMENT FOR ACCESS PURPOSES OVER THE EXISTING ROADWAY FROM THE
PROPERTY DESCRIBED OVER THE GRANTOR'S REMAINING PROPERTY TO SODA
SPRINGS ROAD; AND
PARCEL THREE:
THE RIGHT TO SHARE IN THE WATER IN AND FROM MY SPRING IN THE FOLLOWING
MANNER; TO LAY AND MAINTAIN A PIPE OF HOSE FROM THE CABIN ARBUTUS TO
THE SPRING ON MY REMAINING PROPERTY AND TO THE FLOW THEREIN WHILE
WATER IS AVAILABLE. THE GRANTOR DOES NOT GUARANTEE THE FLOW OF ANY
WATER AND RESERVES THE RIGHT TO REARRANGE ALL PIPES TO DEVELOP A
STORAGE SYSTEM OR OTHERWISE DEVELOP THE WATER SUPPLY. IN THAT EVENT
THE GRANTOR AGREES TO SUBSTITUTE OTHER PIPES TO THE GRANTEE SO AS TO
PROVIDE AS GOOD A WATER SUPPLY SYSTEM AS EXISTED PRIOR TO DEVELOPMENT.
ASSESSOR'S PARCEL NO.: 562-31-005
i
EXH,1 1
Page 3 of 6 Page 01—L.2—
Order No. 99171322
I
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 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.
2. Water rights, claims or title to water, whether or not shown by the public records.
3. Any invalidity or defect in the title of the vestees in the event such trust is invalid or
fails to confer sufficient powers in the trustees, or in the event there is a lack of
compliance-with the terms and provisions of the trust instrument.
This company will require a certification from the current trustee(s) stating said trust
is in full force and effect and there have been no changes except as set forth.
4. ANY POLICY OF TITLE INSURANCE TO BE ISSUED WILL NOT, INCLUDE PARCEL
THREE
5. ANY POLICY OF TITLE INSURANCE TO BE ISSUED WILL INCLUDE THE LOCATION
OF PARCEL TWO.
END OF EXCEPTIONS
EXHIBIT
Page 4 of 6 Page _�LOT_10_'A
Order No. 99171322
INFORMATIONAL NOTES:
Our ALTA Loan Policy, when issued, will contain Endorsement Nos, 100 and 116/116.2.
There is located on said land a VACANT LAND
known as 15870 SODA SPRINGS ROAD, LOS GATOS, CALIFORNIA.
There are no conveyances affecting said land recorded within 24 months of the date of
this report.
This charge for a policy of title insurance, if issued through this title order, will be based
on the basic insurance rate.
General and special property taxes for the fiscal year shown--below have been paid.
Fiscal Year: 1999-2000
Total Amount: $417.40
First Installment: $208.70 PAID
Second Installment: $208.70 PAID
Land: $5,734.00
Improvements $2,494.00
Code Area: 80-008
Parcel Number: 562-31-005
Note: Effective March 1, 1979 there will be an additional $10.00 fee for recording a deed
with a legal description other than an entire lot in a recorded final map. If there are any
questions, please call your Escrow Officer or Title Officer.
12/28/99 HL
EXHISIT
Page 5 of 6 PCI,"'M
Order No. 99171322
GOOD FUNDS LAW
CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN
TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR
MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES:
SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE
DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR
BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY
UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT.
NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY
CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT
BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL
INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING
WITH A CHECK AGAINST A FDIC INSURED BANK).
2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE
DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS
MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A
"HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS,
PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES
THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER
DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.)
NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR
ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES.
PRELIMINARY CHANGE OF OWNERSHIP REPORT
NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS
ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE
RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE
ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE.
IRS FORM 1099
BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A
TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099, OR ITS EQUIVALENT, WITH THE INTERNAL
REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE.
NOTICE OF A WITHHOLDING REQUIREMENT
THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862) ON SALES
OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED
TO WITHHOLD AN AMOUNT EQUAL TO 3 1/3 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL
PROPERTY INTEREST BY EITHER:
A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE
DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR
A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR
FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF 10
PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500).
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER
WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF:
THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS ($100,000), OR
THE SELLER EXECUTES A WRITTEN CERTIFIC
ATE, 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 F R 0 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 FTB591 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH
DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A
WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A
REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF
FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD
WITHHOLDING AT SOURCE UNIT, P.O. BOX 651,SACRAMENTO, CALIFORNIA 95812.0651 1916) 845-4900.
EXHISI1
Page 6 of 6 Pages (
Order No . 99171322
OFFICE OF COUNTY ASSESSOR• • • • •SANTA CLARA COUNTY, CALIFONXIA
to EEWE�=]
1 N. W. 1/4 SECTION 12, TWP. 9 S., RG. I W.. M.O. H. 8 M.
2 1 ` P.M. 499-M-20 R.O.U812/
pp 11 �
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NORTH
TIT
E�RICAN
rMCOMPANY
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.
I. 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.
II. 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.
111. 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.
EXHIBIM-
13,46
Pageof
:NORTH
#NTITLEAMERICAN
SCOMPANY
DID YOU KNOW?
Any of the following situations could cause a substantial delay in close of escrow.
The earlier we are made aware of potential problems, the earlier the issues can be
dealt with to ensure a smooth and timely close of you, transaction.
Are your principals trying to accomplish a tax deferred exchange? If so,
have they chosen an intermediary and who is it?
Will any of the principals be using a Power of Attorney?
Are any of the vested owners deceased or in any way incapacitated?
Do all of the principals who will be signing have a current photo I.D. or
Driver's License?
Have any of the principals recently filed for bankruptcy?
Are the sellers of this transaction residents of California?
Has there been a change in marital status of any of the vested owners or
will we be adding anyone to title, i.e. co-signers, additional insured, etc.?
Is the property currently vested in a trust or will the new buyer/borrower
vest in a trust?
Are any of the trustees of the trust deceased or incapacitated?
Will this transaction involve a short sale?
Will there be a new entity formed, i.e. partnership, corporation?
Will all of the principals be available to sign or will we be Federal Expressing
documents to another state/country? If so, where?
If you have any other information which may be useful to us, please contact your
escrow officer as soon as possible. Our goal is to make your transaction as easy
and trouble-free as possible. We appreciate your business and hope that you find
North American Title Company your company of choice for all of your title and
escrow needs.
LXHISIT 19
Page -i—of_.L3_
EXHIBIT A 'Rev. 10/17/98)
CALIFORI�' AND TITLE ASS
OCIATION STANDARD C AGE POLICY - 1990
EXCLUSIONS FROM COVERAGL
The fo
llowing 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 or zoning laws, ordinances, or
regulations) restricting, prohibiting or relating W the occupancy, use, or enjoyment of the land; 00 the character, dimension
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 eff,
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforce me
there
of or a notice
of ce of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has be
recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except tot
extent that a notice of the exercise thereof or 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, b
not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of
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 theinsur.
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant ant
not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured
under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the
state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this 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 law.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or
assessment, or notice of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights interest or claims which are not shown by the public records but which could be ascertained by aninspectio,
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 woulc
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.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 110/17/98)
EXCLUSIO
NS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental Y P 9
o ernmental police power, and the existence or violation of any law or government regulation. This includes ordinance_,
laws and regulations concerning:
(a) building
(b) zoning
(c) Land use
(d) improvements on the Land
(e) Land division
(f) environmental protection
LniiOc�IT
Page 10of_
This Exclusion does not apply to viol, or the enforcement of these matters if n of the violation or enforcement appears in rt
Public Records at the Policy Date. T, clusion does not limit the coverage descri, a Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.
This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the
Policy Date.
3. The right to take the Land by condemning it, unless:
(a) a notice of exercising the right appears in the Public Records at the Policy Date; or
(b) the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the takir
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 2
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6/1/87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' 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:
* Land 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. Thi
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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10/17/92) WITH ALTA ENDORSEMENT
FORM 1 COVE
AND AMERIC
AN LAND D TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10/17/92) WITH ALTA 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; lit) thecharacter,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a changein
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 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 aviolation
or alleged violation affecting the land has been recorded in the public records at Date of Policy.
40 Page T1
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, b
not excluding from coverage taking which has occurred prior to the Dr f Policy which would be binding on the right_
a purchaser for value withoi ,wledge.
3. Defects, liens, encumbrances advers
e claim
s, or other mat
ters:
(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 andr
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured uncle
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;
insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at Date of Policy, or the inabilit
or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state it
which the land is situated.
5. Invalidity or unenforceability, of the lien of the insured mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured b
the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that is based on;
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulenttransfer
or
00 the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure;
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances or claims
thereof, wh'ach r- aenot
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.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10/17/92) AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY 110/17/92)
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, 00 thecharacter
dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a changeir
the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the Ian
has been recorded in the public records at date of policy.
EXHIBIT
Page off
(b) any governmental police er not excluded by (a) above, except to tho cent that a notice of the exercise thereof or
.
notice of defect, lien or encumbrances resulting from a violation or alleged violation affecting the land has been recorded inth
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
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 an.
not disclosed in writing to the company by the insured claimant prior to the date of the insured claimant became an insured
under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or creating subsequent to date of policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason e
the operation of federal bankruptcy, state insolvency or similar creditors' rights law that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent
transfer, or
00the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument or transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Instructions:
EXCLUSIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or by making inquiry of 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.
"The Company expressly disclaims any liability resulting from date field related computer
processing errors, including without limitation, "Year 2000" errors, of third parties upon whom the
Company depends in processing information necessary to act as the settlement agent and/or
insure the transaction. This Note is for information purposes only; it will not be carried over into
any title policy and will not be construed in any way to modify or limit any policy which is issued
pursuant to this Commitment."
EXHIBIT
Page
Hof
i
Regional Open S, ice
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-47
Meeting 00-08
April 12, 2000
AGENDA ITEM 4
AGENDA ITEM
Authorization to Solicit Bids for the Demolition of 14 M' or Structures at Bear Creek Redwoods Open
Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Authorize staff to solicit bids to remove 14 minor structures at Bear Creek Redwoods Open Space
Preserve and restore the sites to a natural condition.
DISCUSSION
Background
At your June 24, 1999 meeting, you approved the acquisition of the lands of Arlie Land and Cattle
Company, approved the preliminary use and management plan for Bear Creek Redwoods Open Space
Preserve, and approved a lease and management agreement with POST for the upper 805-acre portion
of the property. A Mitigated Negative Declaration and Mitigation Monitoring Program was also
approved at this time (see report R-99-93). Big Creek Lumber retained first cutting rights for timber
on the upper property.
The adopted preliminary use and management plan calls for the removal of the dilapidated cabin at
Radio Hill and the partially dismantled residence and cabin near the central portion of the property. In
addition, there are many other minor structures that require removal.
Recommendation
The demolition is necessary as the structures are in extremely poor condition, are no longer used, have
been heavily vandalized, and constitute a potential safety and fire hazard. The removal of these
structures is desirable prior to allowing limited public access to the site on a permit basis. The
structures identified for demolition are shown in the attached map, Exhibit A.
Of the 14 minor structures, 11 are dilapidated agricultural sheds or recreational facilities that are
unsafe and detract from the open space value of the property. The three cabins were previously used
as residences, and have been attractive nuisances that have been targets for potential vandalism and
other undesirable uses. The historical evaluation conducted by the Architectural Resources Group in
May 1999 (an attachment to the Initial CEQA Study) concluded that the three cabins have no
architectural or historical significance. All three would require extensive repairs to bring the
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail: mrosd@openspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
I
R-00-47 Page 2
structures into compliance with current building and safety codes, and as such, keeping them is not
warranted.
Ten structures are located on the 805-acre upper property managed by the District for POST. The
demolition timing will be coordinated with the CDF-approved Big Creek Lumber timber harvest to
avoid potential conflicts.
Planning Staff has recently contracted with consultants to analyze and abate any asbestos-containing
materials contained within these structures. An evaluation of any hazardous materials in or near the
structures is currently underway.
The following structures are included in the proposed demolition project:
Ripp Cabin
Recent staff visits have confirmed the previous conclusion that the cabin is beyond repair. The
structure has been heavily vandalized, with large portions of the floorboards removed along with
cabinet doors, windows and window frames.
Building and Trailer South of Tripp Cabin
This small three-room building has also been vandalized, with much of the exterior vertical siding
stripped away, exposing the diagonal sheathing underneath. A wheeled residential trailer is located
nearby, along with a rusted water tank, both slated for removal as part of this project.
Radio Hill Cabin
This small one-story cabin has suffered extensive damage from the elements and one section has been
stripped of interior and exterior wall coverings. The interior walls are covered with graffiti.
Miscellaneous Agricultural Sheds
These structures include several collapsed agricultural storage structures, as well as various animal
pens.
Remnants of Recreational Facilities
These facilities include an abandoned tennis court and collapsed handball court, overgrown with dense
vegetation.
Fundiniz
At the March 22, 2000 meeting, you approved the fiscal year 2000-2001 budget (see report R-00-43),
which included $54,000 for the demolition of these identified structures. Bid documents are close to
completion, and the demolition permit will be obtained as a part of the awarded contract. An
engineer's estimate is currently being prepared and will be available at the time of your meeting. If the
Board authorizes staff to solicit bids, actual project costs will be presented for your approval when
staff returns for authorization to enter into contract.
R-00-47 Page 3
CEOA DETERMINATION
At the June 24, 1999 meeting, the District Board approved an Initial Study/Mitigated Negative
Declaration and Mitigation Monitoring Plan for the Bear Creek Redwoods Open Space Preserve. The
Board found that, with the incorporation of the proposed mitigation measures, the project would have
no significant effect on the environment. Since the project considered by this document included the
demolition of the identified structures, no further environmental documentation is needed to comply
with CEQA.
The Mitigation Monitoring Program contains several mitigation measures that will be incorporated into
the contract documents for the demolition project, including requirements to control dust, avoid
airborne release of asbestos, avoid damage to archaeological or paleontological resources, and control
noise associated with demolition.
Prepared by:
Sandy Gimbal Sommer, Contract Planner
Reviewed by:
Randy Anderson, Planning Manager
Contact Person:
Randy Anderson, Planning Manager
Bearf reek Redwoods Dgnolitions
21 uU�
1200 -,
�------------- 1400
--
reek -
cc \ ek Road ;
6 a� Cr e 01
160 %
;"A
■
1 `-� , c 04 ♦1 B
����+tom � � � f i '�\ `C�-; `♦
�Alm
a o
i v
i
f" L
Road o�
At 17
200 �.
1
,
A-Tripp Cabin and outbuildings 1
B- White Cabin (cabin north of 1 1
Tripp residence)and trailer
C- Radio Hill Cabin
D- Red Agricultural shed
E- Old Tennis Court r 1 1
F-Tiny shingled shack �3
G- Propane Tank
H- Wood paddock
I- Collapsed handball court
J- Old trailer and tractor
K- Wooden Shed
L- Steel Container and animal pen
bcol - gate number
Exhibit A
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1591 250.00 Aaron's Septic Tank service Sanitation Services
1592 50.00 Ace Fire Equipment &Svc Co., Inc. Fire Extinguisher Service
1593 317.05 ADT Security Services Alarm Service
1594 290.92 Alamo Lighting Light Bulbs-Distel Building
1595 625.58 All Laser Service Laser Printer Service
1596 750.00 Appraisal Research Corporation Appraisal Services
1597 56.04 Artech Laminating Lamination Supplies
1598 48.03 AT&T Telephone Service
1599 314.46 Gordon Baillie Reimbursement-Supplies
1600 128.74 Barron Park Supply Co. Field Supplies
1601 2,700.90 BNY Western Trust Company Note Paying Agent Fees-1995 Notes
1602 3,247.50 Baron Welding&Iron Works, Inc. Gates
1603 2,200.00 Judy Basich Road Agreement-Crazy Pete's Road
1604 81.84 Craig Beckman Uniform Reimbursement
1605 10.81 The Bicycle Outfitter Bike Repairs
1606 334.00 Bill's Towing&Recovery Towing Services
1607 50.00 Blue Water Divers Staff Fun Committee Event
1608 5,577.00 Louis Bordi General Engineering Road Grading
1609 105.41 Browning-Ferris Industries Sanitation Services
1610 8,673.86 BT Commercial Real Estate Leasing Commission-DC Building Tenant
1611 4,173.00 California Conservation Corps Habitat Restoration-Phase III-Pulgas Ridge
1612 80.00 CA Park&Recreation Society Recruitment Advertisement
1613 333.25 California Trails&Greenways Foundation CA Trail and Earth Day Supplies
1614 49.87 California Water Service Company Water Services
1615 40.00 *1 California Native Plant Society Restoration Workshop
1616 36.25 Carolina Biological Supply Nature Center Supplies
1617 175.81 Cellular One Cellular Phone Service
1618 632.32 Compurun Systems Computer Maintenance
1619 885.00 Construction Management and Development, Inc. Electrical Repairs-Distel Building Tenant
1620 45.47 Contemporary Engraving Name Badges
1621 75.00 Costco Wholesale Membership Membership
1622 197.58 Costco Office&Restroom Supplies
1623 199.00 Council on Education in Management Law Update Subscription
1624 30.28 CSK Auto, Inc. Vehicle Supplies
1625 2,215.03 D&M Consulting Engineers, Inc. Engineering Services
1626 65.00 Decatur Electronics, inc. Radar Certification
1627 48.55 Dennis Danielson Reimbursement--Film
1628 75.09 Design Signs Sign Supplies
1629 811.88 Diamond Cabinets, Inc. Office Equipment Materials
1630 580.70 Design Concepts Office Stationary
1631 27.28 Brendan Downing Reimbursement--Uniforms
1632 2,200.00 Durham Construction Enterprise Rental Repair
1633 43.00 Federal Express Express Mail Service
1634 133.15 Silacci's Feed Barn, Inc. Gate
1635 1,269,000.00 First American Title Company Benedetti Acquisition
1636 1,940.00 First American Title Company Policy of Title Services
1637 3,542.00 First American Real Estate Solutions Microfiche
Page 1
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1638 953.21 Forestry Suppliers, Inc. Resource Management Tools
1639 254.85 Foster Bros. Security Systems, Inc. Door Repair and Locks
1640 71.50 Matt Freeman Vehicle Expense
1641 35.00 Alice Frost Docent Training
1642 264.35 Goodco Press Incorporated NCR Forms for Field Offices
1643 143.35 Graniterock Baserock
1644 3,370.28 GreenInfo Network Wall Map Production
1645 43.43 GTE California Utilities
1646 15.92 GTE Wireless Cellular Phone Service
1647 200.00 Gavin Hoban Map, Database and Inventory Projects
1648 5,083.42 Harbor Printing Trail Brochure Printing
1649 1,715.28 Howard Rome Martin& Ridley LLP Legal Services
1650 389.95 Jodi Isaacs Vehicle Expense/CNGA Conference
1651 336.72 Jobs Available Recruitment Advertisement
1652 35.00 Jeremy Johnson Docent Training
1653 1,154.11 Michael Johnson Office Expansion Supplies-SRO
1654 5,700.00 Tamara Kan Vegetation Map-Sierra Azul OSP
1655 322.59 Matt Ken Reimbursement--First Aid Supplies
1656 35.00 Joyce Kiefer Docent Training
1657 4.00 KMA Kings Mountain Directory
1658 231.27 Kwik Key Lock&Safe Co., Inc. Lock
1659 2,134.29 Lanier Worldwide, Inc. Copier Leases and Toner
1660 300.00 Lombardi Construction Core Drilling-SRO Office Projects
1661 246.08 Los Altos Garbage Company Sanitation Services
1662 1,516.01 Lucent Technologies Phone Leases and Telephone Sets
1663 46.52 Madco Welding Supply Co., Inc. Welding Supplies
1664 434.00 Magana's Building Maintenance Distel Building Tenant Maintenance
1665 55.67 Brian Malone Reimbursement--Office Supplies
1666 269.97 MCI Telephone Service
1667 100.00 Paul McKowan Reimbursement--Volunteer Supplies
1668 355.45 MetroMobileCommunications Radio&Light Bar Repairs
1669 421.92 Moffett Supply Company Janitorial Supplies
1670 105.55 Mountain View Garden Center Road Repair Materials
1671 1,000.00 *2 North American Title Company Acquisition Deposit
1672 9,000.00 North American Title Company Benson Acquisition
1673 1,039,300.00 North American Title Company Quarn Acquisition
1674 233.99 Northern Energy, Inc. Propane Service
1675 1,031.66 Office Depot Office Supplies
1676 5,391.50 Art O'Neal &Associates Influencing Skills Training
1677 1,468.16 Pacific Bell Telephone Service
1678 3,046.96 Pacific Water Systems Enterprise Rental Tank Installation
1679 548.39 Panko Architects Distel Building Remodel Contractor
1680 10.11 Loro Paterson Reimbursement--Uniform Supplies
1681 179.26 Peninsula Blueprint Printing Services
1682 15,073.60 Petrotek SRO Diesel Tank Installation and Pad
1683 520.71 Pine Cone Lumber Co., Inc. Signboard Materials
1684 901.03 PIP Printing Printing Services
1685 255.64 Pitney Bowes Credit Corporation Monthly Postage Meter Lease
Page 2
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1686 900.00 Portola Park Heights Home Owner's Association Road Dues
1687 15.28 Precision Engravers, Inc. Name Tag Engraving
1688 2,205.00 Precision Works, Inc. Bear Creek Redwoods Asbestos Abatement
1689 21.51 Pringle Tractor Co. Tractor Repair
1690 100.00 Public Service Skills, Inc. Recruitment Assistance
1691 3,157.28 Rana Creek Habitat Restoration Grassland Management Study--Phase III
1692 54.59 Rancho Hardware Field Supplies
1693 126.11 Lori Raymaker Reimbursement-Docent Supplies
1694 954.91 Recreational Equipment, Inc. Gift Certificates and Uniform Supplies
1695 1,424.60 Eric Remington Wildlife Assessment Services
1696 244.00 Regal Dodge, Inc. Vehicle Repairs
1697 35.00 Frances Reneau Docent Training
1698 3,000.00 Reserve Account-U. S. Postal Service Postage
1699 912.27 Roy's Repair Service Vehicle Maintenance&Repairs
1700 1,592.92 Russ Enterprises, Inc. Signs
1701 5.00 Santa Clara County Cities Association Directory
1702 4,500.00 Rich Seymour Biologist Services-Amphibian Inventory
1703 216.89 Shell Fuel
1704 2,304.43 John Shelton, Inc. Culverts
1705 114.90 Duncan Simmons Reimbursement-Bart Fee&Copies
1706 86.40 Skyline County Water District Water Services
1707 17.29 Skywood Trading Post Fuel
1708 76.83 Jeff Smith Reimbursement--Class &Book
1709 2,128.75 Sandra Gimbal Sommer, Landscape Architecture Contract Planning Services
1710 2,379.70 Supply Cache Inc. CYA Crew Services/Roads &Trails
1711 904.97 Stevens Creek Quarry, Inc. Baserock
1712 1,062.61 Summit Uniforms Uniforms
1713 2,347.50 Swanson Hydrology&Geomorphology Hydrologic Assessment--Sierra Azul
1714 75.00 Systems for Public Safety Recruitment-Background Investigations
1715 65.00 Terminix International Pest Control
1716 174.21 Tooland, Inc. Resource Management Tools
1717 10,646.10 2M Associates Consulting Services-Coastal Annexation
1718 18.16 U C Regents Resource Document
1719 1,488.46 United Rentals Rental Equipment
1720 103.00 Verio Internet Provider
1721 464.00 Rich Voss Trucking, Inc. Baserock Trucking Fees
1722 270.56 WAC Corporation, Inc. Aerial Photos
1723 477.40 West Group Payment Center Legal Subscription-On-Line Services
1724 33,154.45 Wildfire Pacific, Inc. Fire Fighting Apparatus Units
1725 229.05 Michael Williams Vehicle and Business Meeting Expense
1726 12.64 Wolf Camera Film
1727 900.00 Roberta Wolfe Recording Services
1728 400.00 Woodside& Portola Private Patrol Windy Hill Patrol Service
1729 504.79 The Workingman's Emporium Uniforms
1730R 55.00 Betsy Crowder Reimbursement--PCL Conference
1731R 8,988.81 Design Concepts-Deborah Mills Graphics & Design Projects
1732R 83.58 Tom Fischer Reimbursement--Supplies
1733R 690.00 Malcolm Smith Consultant-Public Affairs Projects
Page 3
| � �� ---- -- ----- --- - �--- �---�'
,
^
Claims No. 00-07
� MccdogOO-O8
Date: April 12. 2000
Revised
|NlDPENIN8DL®IONAL OPEN SPACE DISTRICT
# Amountl� D� �
_-- .~^. �
1734R 9.36 UPS Parcel Post Service
� I73SR 2.688.13 O.D. Bank Corp. Trust Note Paying Agent Fees-Final 1980lgoteo
1736R 197.756.75 Tboit'a)oaunaoce Business Insurance per Premium
� 1737R 594.30 Petty Cash Local Business Meeting Expense, Vehicle
�
� Bzpcome. Field Supplies, Office Supplies,
� Nature Center Supplies and Printing Costs
Total 2.788.489.83
*** lo the event the Agenda Item is not approved, this claim will not bcprocessed.
*1 Urgent Check Issued April 4, 2000
*2 Urgent Check Issued March 27. 2000
Page 4
�
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1591 250.00 Aaron's Septic Tank service Sanitation Services
1592 50.00 Ace Fire Equipment &Svc Co., Inc. Fire Extinguisher Service
1593 317.05 ADT Security Services Alarm Service
1594 290.92 Alamo Lighting Light Bulbs-Distel Building
1595 625.58 All Laser Service Laser Printer Service
1596 750.00 Appraisal Research Corporation Appraisal Services
1597 56.04 Artech Laminating Lamination Supplies
1598 48.03 AT&T Telephone Service
1599 314.46 Gordon Baillie Reimbursement-Supplies
1600 128.74 Barron Park Supply Co. Field Supplies
1601 2,700.90 BNY Western Trust Company Note Paying Agent Fees-1995 Notes
1602 3,247.50 Baron Welding& Iron Works, Inc. Gates
1603 2,200.00 Judy Basich Road Agreement-Crazy Pete's Road
1604 81.84 Craig Beckman Uniform Reimbursement
1605 10.81 The Bicycle Outfitter Bike Repairs
1606 334.00 Bill's Towing&Recovery Towing Services
1607 50.00 Blue Water Divers Staff Fun Committee Event
1608 5,577.00 Louis Bordi General Engineering Road Grading
1609 105.41 Browning-Ferris Industries Sanitation Services
1610 8,673.86 BT Commercial Real Estate Leasing Commission-DC Building Tenant
1611 4,173.00 California Conservation Corps Habitat Restoration-Phase III-Pulgas Ridge
1612 80.00 CA Park& Recreation Society Recruitment Advertisement
1613 333.25 California Trails&Greenways Foundation CA Trail and Earth Day Supplies
1614 49.87 California Water Service Company Water Services
1615 40.00 *1 California Native Plant Society Restoration Workshop
1616 36.25 Carolina Biological Supply Nature Center Supplies
1617 175.81 Cellular One Cellular Phone Service
1618 632.32 Compurun Systems Computer Maintenance
1619 885.00 Construction Management and Development, Inc. Electrical Repairs-Distel Building Tenant
1620 45.47 Contemporary Engraving Name Badges
1621 75.00 Costco Wholesale Membership Membership
1622 197.58 Costco Office & Restroorn Supplies
1623 199.00 Council on Education in Management Law Update Subscription
1624 30.28 CSK Auto, Inc. Vehicle Supplies
1625 2,215.03 D & M Consulting Engineers, Inc. Engineering Services
1626 65.00 Decatur Electronics, me. Radar Certification
1627 48.55 Dennis Danielson Reimbursement--Film
1628 75.09 Design Signs Sign Supplies
1629 811.88 Diamond Cabinets, Inc. Office Equipment Materials
1630 580.70 Design Concepts Office Stationary
1631 27.28 Brendan Downing Reimbursement--Uniforms
1632 2,200.00 Durham Construction Enterprise Rental Repair
1633 43.00 Federal Express Express Mail Service
1634 133.15 Silacci's Feed Barn, Inc. Gate
1635 1,269,000.00 First American Tide Company Benedetti Acquisition
1636 1,940.00 First American Title Company Policy of Title Services
1637 3,542.00 First American Real Estate Solutions Microfiche
Page 1
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1638 953.21 Forestry Suppliers, Inc. Resource Management Tools
1639 254.85 Foster Bros. Security Systems, Inc. Door Repair and Locks
1640 71.50 Matt Freeman Vehicle Expense
1641 35.00 Alice Frost Docent Training
1642 264.35 Goodco Press Incorporated NCR Forms for Field Offices
1643 143.35 Graniterock Baserock
1644 3,370.28 GreenInfo Network Wall Map Production
1645 43.43 GTE California Utilities
1646 15.92 GTE Wireless Cellular Phone Service
1647 200.00 Gavin Hoban Map, Database and Inventory Projects
1648 5,083.42 Harbor Printing Trail Brochure Printing
1649 1,715.28 Howard Rome Martin&Ridley LLP Legal Services
1650 389.95 Jodi Isaacs Vehicle Expense/CNGA Conference
1651 336.72 Jobs Available Recruitment Advertisement
1652 35.00 Jeremy Johnson Docent Training
1653 1,154.11 Michael Johnson Office Expansion Supplies-SRO
1654 5,700.00 Tamara Kan Vegetation Map-Sierra Azul OSP
1655 322.59 Matt Ken Reimbursement--First Aid Supplies
1656 35.00 Joyce Kiefer Docent Training
1657 4.00 KMA Kings Mountain Directory
1658 231.27 Kwik Key Lock& Safe Co., Inc. Lock
1659 2,134.29 Lanier Worldwide, Inc. Copier Leases and Toner
1660 300.00 Lombardi Construction Core Drilling-SRO Office Projects
1661 246.08 Los Altos Garbage Company Sanitation Services
1662 1,516.01 Lucent Technologies Phone Leases and Telephone Sets
1663 46.52 Madco Welding Supply Co., Inc. Welding Supplies
1664 434.00 Magana's Building Maintenance Distel Building Tenant Maintenance
1665 55.67 Brian Malone Reimbursement--Office Supplies
1666 269.97 MCI Telephone Service
1667 100.00 Paul McKowan Reimbursement--Volunteer Supplies
1668 355.45 MetroMobileCommumcations Radio & Light Bar Repairs
1669 421.92 Moffett Supply Company Janitorial Supplies
1670 105.55 Mountain View Garden Center Road Repair Materials
1671 1,000.00 *2 North American Title Company Acquisition Deposit
1672 9,000.00 North American Title Company Benson Acquisition
1673 1,039,300.00 North American Title Company Quam Acquisition
1674 233.99 Northern Energy, Inc. Propane Service
1675 1,031.66 Office Depot Office Supplies
1676 5,391.50 Art O'Neal &Associates Influencing Skills Training
1677 1,468.16 Pacific Bell Telephone Service
1678 3,046.96 Pacific Water Systems Enterprise Rental Tank Installation
1679 548.39 Panko Architects Distel Building Remodel Contractor
1680 10.11 Loro Paterson Reimbursement--Uniform Supplies
1681 179.26 Peninsula Blueprint Printing Services
1682 15,073.60 Petrotek SRO Diesel Tank Installation and Pad
1683 520.71 Pine Cone Lumber Co., Inc. Signboard Materials
1684 901.03 PIP Printing Printing Services
1685 255.64 Pitney Bowes Credit Corporation Monthly Postage Meter Lease
Pave 2
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1686 900.00 Portola Park Heights Home Owner's Association Road Dues
1687 15.28 Precision Engravers, Inc. Name Tag Engraving
1688 2,205.00 Precision Works, Inc. Bear Creek Redwoods Asbestos Abatement
1689 21.51 Pringle Tractor Co. Tractor Repair
1690 100.00 Public Service Skills, Inc. Recruitment Assistance
1691 3,157.28 Rana Creek Habitat Restoration Grassland Management Study--Phase III
1692 54.59 Rancho Hardware Field Supplies
1693 126.11 Lori Raymaker Reimbursement-Docent Supplies
1694 954.91 Recreational Equipment, Inc. Gift Certificates and Uniform Supplies
1695 1,424.60 Eric Remington Wildlife Assessment Services
1696 244.00 Regal Dodge, Inc. Vehicle Repairs
1697 35.00 Frances Reneau Docent Training
1698 3,000.00 Reserve Account-U. S. Postal Service Postage
1699 912.27 Roy's Repair Service Vehicle Maintenance & Repairs
1700 1,592.92 Russ Enterprises, Inc. Signs
1701 5.00 Santa Clara County Cities Association Directory
1702 4,500.00 Rich Seymour Biologist Services-Amphibian Inventory
1703 216.89 Shell Fuel
1704 2,304.43 John Shelton, Inc. Culverts
1705 114.90 Duncan Simmons Reimbursement-Bart Fee & Copies
1706 86.40 Skyline County Water District Water Services
1707 17,29 Skywood Trading Post Fuel
1708 76.83 Jeff Smith Reimbursement--Class & Book
1709 2,128.75 Sandra Gimbal Sommer, Landscape Architecture Contract Planning Services
1710 2,379.70 Supply Cache Inc. CYA Crew Services/Roads &Trails
1711 904.97 Stevens Creek Quarry, Inc. Bascrock
1712 1,06161 Summit Uniforms Uniforms
1713 2,347.50 Swanson Hydrology & Geomorphology Hydrologic Assessment--Sierra Azul
1714 75,00 Systems for Public Safety Recruitment-Background Investigations
1715 65.00 Terminix International Pest Control
1716 174.21 Tooland, Inc. Resource Management Tools
1717 10,646.10 2M Associates Consulting Services-Coastal Annexation
1718 18.16 U C Regents Resource Document
1719 1,488.46 United Rentals Rental Equipment
1720 103.00 Verio Internet Provider
1721 464.00 Rich Voss Trucking, Inc. Baserock Trucking Fees
1722 270.56 WAC Corporation, Inc. Aerial Photos
1723 477.40 West Group Payment Center Legal Subscription-On-Line Services
1724 33,154.45 Wildfire Pacific, Inc. Fire Fighting Apparatus Units
1725 229.05 Michael Williams Vehicle and Business Meeting Expense
1726 12.64 Wolf Camera Film
1727 900.00 Roberta Wolfe Recording Services
1728 400.00 Woodside&Portola Private Patrol Windy Hill Patrol Service
1729 504.79 The Workingman's Emporium Uniforms
Total 2,497,623.91
In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued April 4, 2000
*2 Urgent Check Issued March 27, 2000
Page 3
Regional Open Ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: C.Britton,General Manager
Date: April 12,2000
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
State of California•The Resour 'ency Gray Davis, Governs
DEPARTMENT OF PARKS AND RECREATION•PA.Box 942896•Sacramento,CA 94296-0001 Rusty Areias, Directs
(916)653-8380
APR tl 'Zou t
Mr. Craig Britton, General Manager
Mid Peninsula Open Space District
330 Distel Circle
Los Altos, California 94022-1404
Dear Mr. Britton:
Thanks very much for taking the time to attend and participate in the breakfast
meeting which we held at the Double Tree Hotel in Ontario on March 17, in conjunction
with the annual CPRS conference.
greatly appreciated hearing the frank and open expressions of the views held by
some of California's leading park and recreation professionals. What I heard from all of
you has increased my knowledge of the current park and recreation issues which are
being experienced at the city, county and district levels. This information will help shape
my views as to what role the state can take in these matters.
It is clear to me that my department must make the considerable effort needed to
reestablish and expand the leadership role which it once held in the statewide arena of
parks and recreation. The nature and form of this renewed leadership role is currently
being explored and discussed by my staff and myself.
very much enjoyed meeting and talking with every member of the group and
encourage you to contact me directly regarding any matter of mutual concern,
Sincerely,
Rusty AYeias
Dire a r
E C E 0 U E
l
APR 7 2000 ,
I
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
- pia b i tas
GORDY SLACK
Single-Track Trail Mix
BARE-BREASTED AMAZON,GAUZE like Rodney King: Can't we all just get "But the worst thing about mountain
streaming from her waist Isadora along?Well,apparently not. bikes is that they bring more people into
Duncan-style,stands above a crowd Michael Vandeman, chairman of the wild places,"he says."I've never been con-
of huddled masses that extends to the Wildlife Committee of the San Francisco vinced that bringing people to nature
horizon,which is just barely penetrated by Bay Chapter of the Sierra Club,devotes a makes them want to preserve it. For a lot
a tiny Eiffel Tower far in the distance. huge part of his waking life (and a sub- of people, being in wild places just gives
Over her head the goddess holds an object stantial part of his dream life, too, I sus- them a greater appetite for recreation, not
that will free the awed crowd from the pect) to combating bike access to parks for preserving wildlife."
dreary gravity of their joyless lives; it will and forests throughout the Bay Area. Vandeman, who is considered Public
let them fly efficiently through their days, "The costs of mountain biking are enor- Enemy Number One among mountain
which will be full of grace and free of mous," he says. "It is dangerous to partic- bikers and who has received threats and
horse manure. Of course, the object she ipants and non-participants, and it ruins hate mail for his relentless activism,insists
holds is a bicycle. the experience of nature for all the non- on calling mountain bikes"off-road vehi-
The 1898 image was one of a score of bikers.... You don't go to a park to be cles."He believes they should be kept out
utopian "the bicycle will save the world" around a bunch of machinery."But most of parks altogether.Although Vandeman is
posters in a recent exhibit at the Oakland importantly, he says, "it's harmful to the most outspoken and extreme of the
Museum of California. Another poster wildlife. Animals are run over, scared anti-mountain bikers,he has many sympa-
from the time shows the bike as an instru- away by the noise bikes make, and are thetic compatriots,among them older hik-
ment of nature,with bird wings attached. generally harassed." ers and equestrians who remember a time
The posters seem queerly naive today, "Yes, mountain bikers cause environ- when they had the trails to themselves.
maybe because the gauzy amazon is so at mental damage,"says Eric Muhler, presi-
odds with the Road Warrior and gearhead dent of the Bicycle Trails Council of the jN OAKLAND, CALIFORNIA, THE
fashions that now dominate cycling. But East Bay(BTCEB),an advocacy group rep- mountain biker versus hiker contro-
also because in the past decade and a half, resenting mountain bikers, "but so do hik- versy has come to a boil in Joaquin
the bike's righteous environmental repu- ers and horses. The question is,what's an Miller Park, a 425-acre city park that has
tation has been muddied. acceptable amount of damage,and how do allowed bikes on nearly all of its narrow
Heated conflicts between mountain you balance inevitable damage against the trails. Cyclists have been riding here for
bikers and hikers have spread just about value of access?" Muhler points to the a long time,but as other trails around the
everywhere off-road biking has gone. New Zealand Department of Conserva- Bay Area close to them and as the park's
Parks are threatening to close trails to bikes tion-sponsored Cessford study—one of reputation as a friendly and beautiful
in Minnesota, Washington state, at the the few scientific studies of the effects of place to ride spreads, cyclists' numbers
Grand Canyon, in Denver, Des Moines, mountain biking on trails—which found have taken off.
Boston, Philadelphia, Chicago, and Los that mountain bikes cause damage that is At the turn of the century, the poet
Angeles. Even in Las Vegas.And a major different than, but not necessarily worse Joaquin Miller lived on this land high in
struggle continues over trail space on than,damage caused by hikers. The study the Oakland Hills overlooking the entire
Mount Tamalpais in Marin County, the makes the point,perhaps too radical in its bay and city of San Francisco. By the time
r
incubator and hatchery of mountainbtk- ramifications to consider seriously, that Miller arrived, the great old-growthd-
e
ing three decades ago and the place where building the trails in the first place does wood forests here had already been
it became a near religion in the 1980s. most of the serious damage. logged. Miller is said to have replanted
Over the g Y Y says fe
w ears, land managers Muhler s that most cyclists love the these then bare hillsides with 75,000 trees,
P
there have banned mountain bikes from a parks they ride in and will work to protect including those that have become the tall.
majority of the narrow, single-track trails. them.Also, the sport draws into the parks century-old coast redwoods that form the
In the 1996 precedent-setting case that is people who would not otherwise be there heart of the park today. They are the old-
the mountain bikers' Alamo, the U.S. at all. Bicycling on trails may bother some, est second-growth redwoods in Califor-
Court of Appeals for the Ninth Circuit, in says Muliler, but it is the way a huge and ma, and they represent a rare second
Marin County vs. Babbitt, upheld the growing set of people experience nature. chance for the beleaguered habitat type in
National Park Service's right to prohibit "Getting rid of bikes on trails is not dis- the East Bay.The redwood grove is also at
bike access to many cherished trails. criminatory,"Vandeman counters,"unless the heart of the current controversy. It is
As an avid and utopian cyclist and a it's discriminating against a machine. Ban- this high plateau grove, which breaks in
dedicated environmentalist myself, these ning bikes isn't banning bikers," he says. steep slopes on its western side, that has
battles are like a feud in my family. I feel "It's making access equal for everyone. become a favorite area for mountain bik-
6 SPRING 2000
r
Single-track riding in Oakland's
Joaquin Miller Park, where this biker
flies with the greatest of ease, is being
i
contested by hikers,equestrians,and
conservationists who claim that it may
be damaging the redwood forest.
I
1
1
Z
x
O
ers, some of whom leave the trails to fed up with what he says was Mataresse's ^ closing the already seriously damaged areas
jump and fly over the edges, ride down lack of concern. For one thing, Karp had in the significant redwood areas for the sea-
natural drainage paths, and forge trails seen the California Native Plant Society's son...and immediately implement tempo-
where none were planned. list of dozens of rare and endangered rary erosion control measures."
Joaquin Miller Park's management is plants in the park. For another,Karp could Fearing loss of some of their most Cher-
trying to enforce its rules, but it is also see for himself the bicycle-caused erosion, ished remaining single-track trails,cyclists
being careful not to alienate the cyclists. run-over plants, and exposed redwood responded to the threat of closing Joaquin
Bikers represent a large and growing roots."It was obvious to us that bikes were Miller with military ferocity: "We will have
portion of the park's users,and the 360- harming the park,"he says. to go to a def-con three strategy involving
member BTCEB contributed about 2,000 So Karp and a group of other hikers TV,civil disobedience,arrests,and a bunch
volunteer hours last year: building and invited an expert at redwood forest man- of ugly stuff that should be totally unnec-
repairing trails, fixing drainage prob- agement to come take a look. Mia Mon- essary,"wrote Muhler on a computer list-
lems, and staffing an all-volunteer bicy- roe, the site supervisor at Muir Woods serve for mountain bikers.In February,the
cle patrol squad that rides the trails National Monument, famous for its own park management struck a compromise by
attempting to educate other cyclists and redwood forest,was appalled by what she imposing a rainy-season biking moratori-
keep them within the law. found at Joaquin Miller. In a letter to the um on two of the main trails in the area in
"The bike group is having a positive Oakland City Council she decried the order to study the issue further.
influence," says Martin Mataresse, park's resource management problems: Before we see a nuclear conflict between
Joaquin Miller's superintendent. "On the "Active destruction of redwoods by allow- two groups that should be righteous allies,
other hand, there's not a lot of volunteer ing them to be recreational hotspots (bicy- let's replace some of that emotion with
work by the hikers, just a lot of com- cle use around the upper side of redwoods data.Clearly,the natural resource values of
plaints." He adds that there is "no evi- on slopes),trail placement that is exposing parks must come first. Without them
dence that cycling has been detrimental to root systems and destabilizing the banks, intact,who'd want to go there by bike or
the trees." creation of gullies where there is not a cur- by foot? Or by wing or seedpod for that
What about any rare or endangered rent drainage pattern.... Extensive illegal matter? Where bikes are safe and ecologi-
plants or animals in the park, I ask? bicycle trails that were in very steep, ero- tally suitable,their riders need to sit down
"There's no baseline data for what kinds sion-prone areas as well as in drainages.... with hikers, equestrians, and other park
of plants and animals live in the park. Loss of redwood forest ecosystem ele- users and try to figure out a way to mini-
We'd really have to study that further to ments such as healthy soil,diverse ground mize their impact on these more tradition-
know,"he says. Good idea. covers,protected and vegetated stream sys- al users. And where bikes—or hikers, or
Alec Karp, who has been hiking in tems, invasion of weedy species,"and on horses—aren't compatible with ecological
Joaquin Miller for more than a decade,got and on.She urged the council to"consider integrity, lock us out. 91
CALIFORNIA WILD 7
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: C. Britton, General Manager
Date: April 7, 2000
Re: FYIs
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax: 650-691-0485 9 E-mail:mrosd@openspace.org • Web site: www.openspace.org
�x oMg MOUNTAIN LION f OUNDATION
- Protecting California's Wildlife
01
5 April 2000 D ECE U
2 fry 2 0 M
Craig Britton, General Manager
MidPeninsula Regional Open Space District APR
300 Distel Circle
Los Altos, California 94022-1404
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
Dear Craig:
BOARD OF DIRECTORS
Kathy Fletcher On behalf of the staff and Board of Directors of the Mountain Lion
President
Rabbi Joseph Hurwitz Foundation, I want to thank you for your gracious hospitality.
Vice President
Sharon Cavallo There is nothing quite like arriving to a smiling staff person who says his job
Secretary
Toby Cooper is to make sure we are taken care of. Stan Hooper was wonderful from start to
Treasurer finish.
Margaret Owings
President Emeritus
Don Dianda The presentation by Mike Williams was informative and inspiring. It is
Honorine Flanagan gratifying to see that Prop 117 keeps on giving.
William Newsom
Steve Pratt
John Taft We enjoyed your Nature Center for lunch. It was peaceful, beautiful and a
John Thompson, M.D. perfect pause in a intensive day.
Elizabeth Sullivan
Patrick Gallagher
You have a richly blessed area there and we are glad that you are who is
EXECUTIVE DIRECTOR taking care of it.
Lynn Sadler
Thank you, Craig, for accommodating us and for all you and your staff do to
benefit us and our fellow creatures.
HONORARY BOARD
Robert Bateman
Michael Stake Sincerely,
Sybil Brand
1
Doris Day
Mr.B Mrs.Gordon P.Getty
Marian Helskell
Sorry Lopez
Peter Motthiessen Lyn; S ler
Rue McClanahan
Executive Director
Russell Peterson
Robert Redford
Nathaniel P.Reed
Dr.George Schaller
Christine Stevens Il+ !
Hon.Russell Train
rj/UDC. V 1( i A
A Nonprofit V
Tax Deductible
Organization.
® P.O. Box 1896 • SACRAMENTO, CA 95812 • 916-442-2666 • FAX 916-442-2871
Regional Open .1-!, ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
Date: March 29, 2000
To: Dennis Danielson, Supervising Ranges;Skyline
Hearin,
Phil H , Ranger, Foothills
g
From: L. Craig Britton, General Manager
Subject: Benches
At its March 22 2000 meeting, the Board of Directors approved the agenda item that designated
PP
appropriate bench sites on several District preserves. Volunteer Curt Riffle, who worked on this
project, was in the audience. After the Board adopted the report recommendations, they thanked
Curt Riffle. Curt was careful to mention the great support he received from field staff(especially
the two of you, who were pictured in the slides). Additionally, the Board thanked both of you
for your involvement, your careful review of the sites, and the enthusiasm you shared for the
project. Since neither of you were at the meeting, I wanted to let you both know about this
praise of your fine work.
cc: Board of Directors
John Escobar
Personnel File
i
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 28, 2000
Mr. Curtis Bray
1330 University Avenue, #106
Berkeley, CA 94702
Dear Mr. Bray:
Thank you for your email of March 14 regarding the Midpeninsula Regional Open Space
District's agreement with the Russian Convent of Our Lady of Vladimir, and their plans for
development of a convent on Skyline Boulevard.
I'm pleased to inform you that the District is indeed honoring the letter of the agreement we
reached with the Convent. This agreement was reached after many months of negotiation; the
Convent and the District have both publicly stated that it is an equitable and fair agreement for
both parties. If and when the convent plans are approved by San Mateo County, then the
agreement calls for the nuns to sell a percentage of their vacant land to the District, and to accept
a conservation easement with development limits on the remainder of the land, which fully
accommodates their development project.
The agreement also limited the development to those plans that had already been prepared by the
Convent. You may be interested to know that late last year, the nuns requested an amendment to
our agreement to enable them to modify their layout of the Convent buildings. The District fully
cooperated and our Board of Directors unanimously approved the amendment. The nuns'
representatives were very happy with the District's cooperative efforts, and so stated publicly.
I can assure you that, contrary to your assertion, the District has not in any way harassed the
nuns. Further, our agreement stipulates that the District will not even comment on the merits of
the proposed development as it moves through the approval process. We have diligently
followed this and all other conditions of the agreement. To clarify the District's position, please
understand that our initial objection was based solely on the development of the land not on the
J y P
specific fact that it is a convent being proposed. I am certain that our Board would have made
the same decisions had this been any other proposed development of similar magnitude.
Please feel free to contact me if I can provide any further information on this or any other
District issue. I am uncertain as to what prompted your recent comments at this particular time,
since our last contact with the nuns was very amicable (regarding the amendment) and was many
330 Distel Circle . Los Altos, CA 94022-1404 Phone: 650 r, 1-1200
FAX:650-691-04£35 . E-mail: mrosd«openspace.org • Web site:wwo % openspace.or-'
Board of Directors:Pete Siemens,Mary C. Davev,Jed Cyr, Deane Little, Nanette Hanko,Bets% Crowder, Ken-e-C.Nitz • Cc -t-AAlana,ger L.Craig Britten
Mr. Curtis Bray
March 28, 2000
Page 2
months ago. However, I would be happy to discuss anything you may have been told about the
District's actions in this matter.
Si cerely,
L. Craig Britton
General Manager
LCB/mcs/jp
cc: MROSD Board of Directors
Colleen Doherty, Legal Counsel, Russian Convent of our Lady of Vladimir
> > ----- Original Message -----
> > From: Curtis Bray <curtisbrayl 952(&webtv_net>
>> To: <mrosd(a_,oPenspace.org>
> > Sent: Tuesday, March 14 2000 11:42 PM
> > Subject: Russian Nun's
> >> Honor the agreement that You made with the nun's! Doesn't Your word-
*>> mean anything! Don't You have any shame for harassing these elderly
> > > nun's! The nun's building a convent will not upset the balance of
>> >nature! I bet if a wealthy developer came along with a far worse
>>> development idea, You would support him if he threw some money Your
way!
>> > I would be ashaned of myself if I didn't have anything better to do
than
>>> harass a group of elderly nun's over some ridiculous idea that a "
> >> convent,is somehow going to endanger the wildlife! Do You how silly
You
> > > sound?
>>> Curtis Bray 1330
> > > University Ave.,#106 Berkeley,CA 94702
>>>
3/23/00
Regionaltrwe
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Memorandum
March 28, 2000
To: Craig Britton, General Manager
From: Paul McKowan, Volunteer Coordinator
Lori Raymaker, Docent Coordinator
Kristi Webb, Public Affairs Assistant
I
Subject: 2000 Volunteer Recognition Event
Saturday morning, July 22
We would like to announce that this year's Volunteer Recognition event will be held on
Saturday morning, July 22 at either Skyline Ridge or Monte Bello Open Space
Preserve. The event will include a light breakfast, an awards ceremony, and an
entertaining live portrayal of John Muir, featuring Garth Cilchrist. Following the event,
volunteers will have an opportunity to spend the afternoon enjoying a hike or ride at one
of the nearby preserves.
Details of the recognition event will be provided to the Board and staff within the next
g
couple of months. As always, we will be asking for their participation in this special
event.
I
330 Distel Circle Los Altos, CA 94022-1404 . Phone: 650-691-1200 `
FAX: 650-691-0485 * E-mail: nirosd@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 Manager:L.Cr,iig Britton
f �
INTEROFFICE MEMORANDUM
March 23, 2000
TO: C. Britton, General Manger
FROM: G. Baillie, Operations Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month February Year 2000
VIOLATIONS CITES TOTALS CRIMES TOTALS
Bicycles Battery/intimidation 1
Closed area 17 18
Speed 0 1
Helmet 2 7 ACCIDENTS/INCIDENTS
Night-riding 0 0 Bicycle accident 2
Unsafe operation 0 0 Landing zone 1
Dogs Search & rescue 1
Prohibited area 1 1
Off-leash 2 4
Off-road vehicles 0 3 ENFORCEMENT
Closed area 0 1 Citations 38
After hours 3 4 Written warnings 18
Fishing 0 0 Arrests 1
Vandalism 0 8 Police assistance 0
Parking 0 3
Parking after hours 13 18
Dumping/littering 0 1 MUTUAL AID
Campfires 0 0 Vehicle accident/medical aid 1
Camping 0 0 Law Enforcement 1
Weapons
Actual contact 0 0
Report only 0 0
Evidence of 0 0
Unauthorized trail construction 0 1
Negligent activity (truck off-road) 0 1
Unlawful maintenance 0 1
SUMMARIES OF SIGNIFICANT INCIDENTS
Feb. 3 Motorcycles have been heard by staff, and visitors have reported incidents of motorcycle
& 12 use, at El Corte de Madera and Purisima OSPs. Rangers are continuing to investigate this
increase in off-road use to determine the identity of the violators. W. Phillips, B. Malone,
M. Ken, D. Danielson.
Feb. 9 A driver of a semi-truck and trailer got stuck in a ditch along a portion of Montebello Road
in. Monte Bello OSP. They used a backhoe and tow chain to get the semi back on the road.
Damage was done to both the paved and dirt portions of road, in addition to some damage to
the adjacent wildland area. The contractor, who was working for FAA, has indicated he will
pay for any needed repairs. The main office is following up with FAA. L. Paterson.
I
Feb. 12 Jumps for use by bicyclists, made of soil, rocks, and small logs were constructed on the
majority of water bars in Loma Prieta Ranch, a closed area of Sierra Azul OSP. The jumps
were removed. J. Smith.
Feb. 15 At a school volunteer project at Pulgas Ridge, one boy pushed a classmate down and kicked
him twice. Ranger P. Hearin intervened before the third kick was delivered. The victim
required immediate first aid to regain normal breathing. The aggressive boy was handcuffed
and removed from the group. He was arrested for battery and later released to his father's
custody . The Dean of his school was notified. The victim did not want to have any legal
action taken.
Feb. 18 An abandoned marijuana garden was discovered at Monte Bello near Page Mill Rd. and
Skyline Blvd. Water jugs, planting materials, pesticides, and thirty-five empty holes that had
contained plants were found. P. Congdon.
Vandalism:
Feb. 1 Cut fence and cables at Vista Point fence, Pulgas Ridge.
Feb. 10 Two fences cut in Sierra Azul.
Feb. 10 Back of bench broken off at Windy Hill_
Feb. 20 Illegal trail in Corte Madera reopened after being closed off by a volunteer restoration
project.
Feb. 20 T-posts and 4x6 fence pulled up near Garrods in Fremont Older.
Feb. 21 Fire lane sign taken from Pulgas Ridge.
Feb. 21 Fence at bottom of a trail pulled partially down and "Not a Trail" sign pulled out of ground
in Sierra Azul.
Feb. 28 A lock was removed and there was evidence of 4WD activity inside a gate in Sierra Azul.
si C,
r STANFORD HEALTH SERVICES
f LIFE FLIGHT
MEDICAL TRANSPORT PROGRAM
March 21, 2000
Mid Peninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Colleagues,
On March 12, Stanford Life Flight responded to Montebello Ridge to assist with
a motorcyclist who was ejected from his motorcycle after braking suddenly to
avoid a motorist. He landed in a ditch alongside Page Mill Road complaining of
right shoulder pain and exhibiting an obvious left femur fracture. With your
help, he was immobilized in spinal precautions, medicated, and his leg placed
in Hare traction. He was then extricated and loaded into our aircraft for
transport to Stanford.
At the emergency department, x-rays confirmed fractures of the right clavicle
and left mid-shaft femur, and a small right pneumothorax was noted. He was
taken to surgery for an open reduction and internal fixation of the femur
fracture using an intramedullary nail. Post-operatively, he did well and was
assisted by physical and occupational therapy. His right arm was placed in a
sling. He made excellent progress ambulating with crutches and was
discharged home on March 16. He will follow up with the orthopedic clinic in
two weeks.
Thank you for your assistance with this call. All the agencies collaborated
well for a positive outcome. We value the relationship we have with you and
look forward to working with you again soon.
Sincerely,
X.,u�k qr t Ul et? _
U
Wendie Skala, RN
Geralyn Martinez, RN, MS
Flight Nurses
CIVI
#5850
300 Pasteur Drive,Rm. H1249 Stanford,CA 94305-5204
24 hr.Communication Center(650) 723-5578
Admin.Office (650) 725-4829 • FAX: (650) 723-6505
I
County of Santa Clara GC uNT�
Office of the Clerk of the Board of Supervisors
county Government center, East Wing Q.
70 West Hedding Street y� , �¢
San Jose, California 951 10-I 770 Tq G�.
(408)299-4321 FAX 298-8460 TDD 993-8272
Web site http://claraweb.co.santa-clara.ca.us/clerk/clrkhome.htm
Phyllis A. Perez
Clerk of the Board
D E C E V E
March 14, 2000 �1 MAR 2 a 2000
MIDPENINSULA REGIONAL OPEN
qPtU DISTRICT
Mr. L. Craig Britton, General Manager L -
Mid-Peninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Mr. Britton:
The Board of Supervisors of the County of Santa Clara is pleased to announce that the
newly elected Chairperson for 2000 is Donald F. Gage, and the Chairperson Pro Tempore
is James T. Beall, Jr.
The Chairperson or Chairperson Pro Tempore may be contacted at the County Government
Center, 70 West Hedding Street, loth Floor, East Wing, San Jose, CA 95110 or by
telephone at (408) 299-2323.
I hope this information will be of assistance to you in the coming year.
Very truly yours,
Phy A. Perez
Clerk of the Board of Supervisors
PAP/do
2007.
)00069
Santa Cruz local Agency
,• Formation Commission
701 Ocean St.,Room 318-D
- Santa Cruz,California 95060
Phone(831)454-2055 Fax 454-2058
Date: February 23, 2000 for March 1`t Agenda
To: Commissioners o �ssioners
From: Executive Officer'): Y.—` C .
Subject: Final Report of Commission on Local Governance for the 21" Century
The purpose of this memo is to brief the Commission on the final recommendations of the
Commission on Local Governance for the 21" Century.
The Cortese-Knox Local Government Reorganization Act of 1985 combined and reorganized
the three state laws that had previously governed the local governmental structure and
boundary reorganization process in California:
The Knox-Nisbet Act of 1963 (Creating LAFCOs)
The District Reorganization Act of 1965
The Municipal Organization Act of 1977.
The Cortese-Knox Act of 1985 consolidated and unified the provisions of the three acts so that
the laws could be more easily understood and followed, but did not propose any major changes
in process. During the 1990's, the Senate and Assembly Local Government Committees heard
a range of bills to amend individual sections of the law in response to individual situations l
around the state. In 1997, the Legislature, spurred by the controversy over the San Fernando
Valley seceding from the City of Los Angeles, decided that it was time to do a performance
review of the issues and decision-making processes related to local government boundary
changes. Assembly Bill 1484 (Hertzberg) of 1997 passed the Legislature and was signed by
the Governor. It set up the Commission on Local Governance for the 21" Century (CLG)
comprised of 14 members (8 appointed by the Governor and six by the Legislature) who had
different expertise in local governmental issues. The CLG was charged with submitting a
report and recommendations on potential revisions to the laws that govern city, county, and
special district formations and boundary changes. The CLG approached the assignment with a
broad perspective that looked at the high population growth that is projected for the state,
issues of governmental visibility and accountability, and the fiscal relationships among the
state and local governments.
During 1998-1999, the CLG conducted 25 days of public hearings around the state, and heard
testimony from more than 160 people. Santa Cruz LAFCO's testimony was presented by
Commissioner Roger Anderson at CLG's hearing in Monterey on March 25, 1999. LAFCO
Chairperson Jim Van Houten also briefly addressed the CLG that day in response to public
comments at the hearing regarding Watsonville issues.
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The CLG's final report was published in January, 2000 with the title "Growth Within Bounds:
Planning California Governance for the 21-I` Century." Copies of the report may be obtained
from the CLG office: (916) 322-9906, 1400 Tenth Street, Room 206, Sacramento, CA 95812-
3044. Extensive materials are available on the CLG's website: www.clg2l.ca.gov. Assembly
Bill 185 (Hertzberg), which is currently in the Senate Local Government Committee, is
expected to be amended to propose the first set of law changes resulting from the CLG's
recommendations.
I have attached the Executive Summary from the Growth Within Bounds Report, my listing of
all the CLG's recomendations (the more important recommendations are designated with
asterisks in the left margin of my attached summary and discussed below in this memo), and
several press articles.
CLG's Manor BecDmmendations
In general, the CLG has developed a set of pragmatic recommendations which propose
moderate reforms of the boundary change laws and the operations of LAFCOs. The
recommendations simplify some processes, clarify the law, and add policies and coordination
tools in an expectation that LAFCOs will do better jobs at the local level to coordinate public
services and land use planning to accommodate significant increases in the state's population
while preserving open space and agricultural lands.
Some of the recommendations involving additional tasks may result in an increased workload
for LAFCO. In future reports to Santa Cruz LAFCO, I hope to estimate costs associated with
additional tasks.
Of the 66 recommendations in the report, I have highlighted ten of the more important recom-
mendations to discuss in this memo.
Recommendation 3-18 Appointment of Public Member
Currently, the public member is appointed by majority vote of the other six commissioners
two city, two count two district). The recommendation is that the i( y, y, ) e appointment would
require at least one vote from each category. This would avoid a situation where a public
member was elected with no votes from one of the appointing categories (city, county,
district). The proposal could lead to a situation where two commissioners representing one
category of agency could block any appointment.
Recommendation 3-23 Lobbying Disclosure
State boards, such as the Coastal Commission, currently require total disclosure of ex parte
(outside of commission meeting) contacts between a commissioner and someone trying to
influence the commissioner's vote. Disclosure is done on the public record. Written materials
given to a commissioner must previously or simultaneously be submitted to the staff for
inclusion in the public record.
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Recommendation 3-24 Funding by Counties, Cities, and Districts
Currently, the portion of the LAFCO budget not covered by application fees is paid for by the
County General Fund. This proposal would change the funding so that cities, districts, and the
County each pay a third of the LAFCO budget, with the cost-sharing formula being propor-
tional to each agency's operational budget. This would reduce the County's costs to support
LAFCO and require funding by the four cities and 24 districts in this County.
Recommendation 4-10 Prezoning to Remain in Effect for Five Years
Currently, a LAFCO may require that a city prezone property in advance of the LAFCO
hearing. If the annexation approved and completed, the City may rezone the property at any
time. Under this recommendation, the general plan and zoning ordinances in effect at the time
of the annexation must remain unchanged for five years unless the City Council finds that a
change is necessary to protect private property rights or public health and safety.
Recommendation 5-10 Water Supply
Currently, Government Code Section 56841(b) requires LAFCO to consider the current and
projected adequacy of governmental services when reviewing and acting on a boundary change
proposal. Also, Government Code Section 56425(a) requires LAFCO to study and make
determinations when adopting or revising a sphere of influence that addresses the present
capacity of public facilities. The recommendation would specifically highlight water as a
critical public service and reference the coordination steps that occur between water agencies
and land use planning agencies.
Recommendation 6-2 Agricultural Land Policy
The proposal would shift the agricultural land policy to require LAFCOs to disapprove any
proposal that might lead to development of prime agricultural lands or open-space lands
if there are other feasible alternatives to the proposal. The policy in current law is that each
LAFCO guide development away from prime agricultural lands "unless that action would not
promote planned, orderly, efficient development of an area" in the opinion of the LAFCO.
Recommendation 6-4 Factors Concerning Growth
The CLG recommends adding additional factors to be considered by LAFCO when reviewing
proposals to include the existence of an established urban limit line, alternative locations which
could accommodate a prop
osal, and regional growth goals and policies already established by
elected officials.
Recommendation 6-5 Update Spheres
The CLG recommends the LAFCOs be required to update spheres of influence at least every
five years. The current law requires "periodic" review with each LAFCO determining what
the review period should be. Santa Cruz LAFCO does not have a set time period, but rather
reviews spheres after major general plan updates. A five year review period for spheres would
increase the work load at LAFCO.
3
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Recommendation 6-7 Service Reviews
The CLG recommends that LAFCOs be required to periodically initiate service reviews within
the county. A service review is a new tool defined as an independent county-wide or sub-
regional review by LAFCO of public services offered by various local governments. The
review should be done in conjunction with any update of spheres of influence. It is the intent
of the CLG that this new function be considered a state mandate because of the benefits for
achieving a logical extension of local services to meet California's future growth and develop-
ment. Service reviews would increase the work load at LAFCO.
Recommendation 6-8 Extension of Infrastructure
The CLG recommends that LAFCO approval be required for the extension of major
"backbone" (i.e., water, sewer, or roads) infrastructure to previously undeveloped or under-
developed areas, either in an incorporated or an unincorporated area. LAFCO should review
and approve a finding of general plan consistency for such a proposal in a city. In an unincor-
porated area, LAFCO should approve a special district sphere of influence amendment or a
newly-defined "community growth plan" if the area is an unincorporated community. The
CLG is recommending the level at which these provisions would become applicable would be
for new development for 500 or more new dwellings or 1000 new jobs.
At this point in the Legislative process, I expect that AB185 will be amended to re-structure
the section numbers of the current law into the format of the new law. It is also likely that
the next amendments will be those that eliminate the conducting authority proceedings and
require LAFCO to notice and tally the voter and property owner protest after LAFCO has
approved a proposal. Later in the Legislative session, the author (Hertzberg) intends to
incorporate further CLG recommendations into the bill.
The Santa Cruz LAFCO should become familiar with the CLG recommendations, but I am not
advising that Santa Cruz LAFCO take a position on the bill at this time. I do recommend that
the Commission direct that I forward this summary of the CLG recommendations to the
County of Santa Cruz, the four cities, and the 24 districts so that these agencies are aware of
the bill and the potential amendments that may occur later in the legislative session.
4
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Growth
Within Bounds
Planning California Governance
for the 2 1 st Century
Report of the
Commission on Local Governance
for the 21 st Century
Susan Golding,Chair
Ruben Barrales,Vice-Chair
Jacqueline Bacharach
Marian Bergeson
Patricia Clarke
Cody Cluff
Michael Colantuono
Robert Hunt
Nicholas Petris
Timothy Raney
Carolyn Ratto
William D.Ross
John Schatz
Larry Zarian
Sf
�L OF
l
S: 9
o
Cq L IF OAN'P
January 2000
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Growth Within Bounds:Cal, a Governance in the 21 st Century ES-1
i
Report of the Commission on Local Governance for the 21 st Century :Growth
Growth Wi
thin Bo
unds:
Cis. Within
Planning California Governance for the 21 st CenturyBounds
Executive Summary.T
hroughout the world,California important first step towards managing and
svmbolizes success,achievement,and visualizing the future role of government. The
pIrosperity. 'Ale are the incubator of Commission's report and recommendations
many of today's leading industries,including are intended to provide new tools to enable
entertainment,aerospace,computer and California to cope with growth in a rational Faced with surging
communications technology,and genetic manner,in part by making better use of the
engineering. California has been the nation's often invisible LAFCOs in each county. We growth,dynamic
leading agricultural producer for five decades, have also worked to improve the procedural
an e than , d greater
despite having only three percent of the framework outlined in the Local Government g
nation's farmland. The Golden State is the Reorganization Act which should assist diversity than the
premier destination point worldwide for Californians in organizing more coherent
vacationers,business people,and those governmental entities. world has ever known,
seeking a better life. The Commission,however,recognizes that the time is right for
As California enters a new millennium,we time constraints prevented a more thorough
find ourselves at a crossroads. Faced with analysis of other critical issues. We are
California to set a new
surging growth,dynamic change,and greater particularly concerned over the lack of course.
diversity than the world has ever known,the coordination and accountability for many
time is right for California to set to a new governmental services. The Commission
course. We must start by examining the believes that a complete reexamination is
system of governance(the way that govern- warranted of the fundamental structure of
n 1:�11[is organized and operates)and we must governance in California. The Legislature
est-,lilish a vision of how the state will grow. should commission a task force to undertake
As a state,we need to ask ourselves if our this responsibility,or extend the term of the
existing system can carry us for another Commission on Local Governance for the 21 st
century. Century.
Recognizing the challenges facing The task of investigating future local
CaiiOrnia governance in the 21st Century,the governance options is formidable and must
,n - 4 include a fundamental assessment of the
�t enacted AB 1�8
'n 1997. Legislature i
g
-rtzberg),establishing the Commission on functions performed by cities,counties,
cal Governance for the 21st Century special districts,and regional agencies. Any
("Commission"). The Commission was asked excessive fragmentation of government
to assess governance issues and make services among numerous,inefficient,or
appropriate recommendations,directing overlapping providers must be discouraged;
special attention to the Cortese-Knox Local and effective,efficient,and easilh understand-
G,,yernment Reorganization Act of 1985,the able local government must be encouraged.
j37 local agency formation commissions Nevertheless,the scale of public institutions
L .FCOs)governed by the Act,and citizen and the growing complexity of the services
ipation in local government. they provide must also be considered. As local
)ur current institutions of government agencies grow and reorganize,means must be
! We:e designed when our population was much found to empower neighborhoods and
smaller and our society was less complex. The individuals and to re-engage them in deter-
Commission believes that it has taken an mining the shape of their communities in the
ES-2 Growth Within Bounds:California Gover- 1,in the 21 st Century L Executive Summary
future. Local government institutions need to provide essential services and have little
be(1)small enough to be accessible;(2)larue latitude to adjust resources to match
enough to be effective and efficient(econo residents'priorities.
mies of scale need to be recognized);and(3)
adaptable enough to remain accountable 4. The public is not engaged. Although
While serving diverse communities across the there clearly is frustration kith traffic
state. gridlock and the high cost of housing,
Four points should be recognized in order most Californians have little interest in the
to frame the debate about the future role of day-to-dav functioning of government or
Local governments government: preparing plans for future growth.
struggle to provide 1. The future will be shaped by continued it was within this context that the Com-
essential services and phenomenalgrowth. If we fail to mission initiated its legislatively directed
recognize,accept,and respond to this,we review"...of the current statutes,includin„
have little latitude to risk making California an unattractive but not limited to,this division [the Local
place to live and work. Government Reorganization Act1,regarding
adjust resources to the policies,criteria,procedures,andprece-
m a tch priorities. 2. California does not have a plan for dents for city,county,and special district
growth. If we stay the current course,we boundary changes' To accomplish this task,
may one day wake up to discover a world the Commission held 23 days of public
marred by sprawling suburbs.expensive hearings throughout the state,receiving input
and overextended public services,a from over 160 individuals and organizations.
decimated agricultural industry,less open The Commission's Internet website,
space,and fewer recreational opportune it a tt.dt'1.ca.Rnr,received 90,000"hits"
ties. In a state that on the East Coast between January and December 1999 and
would cover all or part of a dozen states, many visitors took advantage of the opportu-
there is no formal intermediate planning nits to submit questions and suggestions
authority between the State and individual electronically. The Commission's report and
local governments. recommendations are based upon this
extensive input and the Commission's
3. Local government budgets are perenni- deliberations on the information received.
ally undersiege. Because of taxing and
spending constraints enacted over the past
two decades,local governments struggle to
Fig.ES-1 , s rr rrv�
Meeting of the Commissiont ..
on Local Governance for the y
21 st Century
x
Staff photo r
Cb
X
Y
,
Executive Summary Growth Within Bounds:Cal -ia Governance in the 21 st Ce1J.q q sQ 6
California Fig.ES-2
New Mexico Projected California
Hawaii Population Growth Rate
Arizona Compared to Other States
Nevada 1995 Through 2025
Idaho SOURCE:U.S.Department of Commerce,
Utah Census Bureau,Current Population Reports:
Alaska Population Projections:States,1995-2025,
Florida May 1997.
Texas
Wyoming
Washington
Oregon
Colorado
Georgia
Rest of the US
0 10% 20% 30% 40% 500/0 609/0
PERCENT INCREASE
21 St Century Challenges to the millennium. Unless,that is,failure to There is no
Local Government invest in education,infrastructure,and smart
growth policies leads businesses to seek other comprehensive
Wave after wave of immigrants have locations. strategy to determine
poured into California since the Gold Rush. While the immediate future looks brl,-,ht
brin(,in-about a steadv increase in the state's for California's economy,it will present some how the burdens of
population. This trend will continue well into real challenges to our Ion-er-term resolve to
growth will be shared.
the next century,but most new growth will be maintain livable communities. Currently,
generated internally,through the natural there is no comprehensive strategy to
increase of the existing population. Closing determine how the burdens of growth will be
the gates%%ill not solve the growth problem. shared,how resources benefiting more than
By 2020.California will add I I million people one locality will be protected,and how
to its current population of over 34 million, necessary but locally undesirable facilities will
then it will grow by another 13 million in the be sited. As a result,farmland and open
two decades that follow. This four decade gain spaces continue to be swallowed up by
will exceed the present populations of Texas or sprawling suburban expansion. As develop-
\'ew York. According,to the Census Bureau, ment pushes ever outward from existing
California's rate of increase will exceed that of cities,expensive extensions and improve-
every other state,including those with much ments will be needed for freeways,water and
smaller population bases. sewer lines,and other infrastructure. job
In the 2 Ist Century,California will centers will become farther removed from the
to longer
ever housing that supports them,leading continue to be the most diverse civilization
ever known to mankind. By 2040,more than commutes,increased air pollution,and a more
two-thirds of the state's population will be stressful lifestyle. At the same time,many
non-Angdo,representing a multitude of contaminated former industrial sites near
national and ethnic extractions. Moreover, downtown areas lie abandoned due to the cost
]ernogaphers believe that it will still be a of cleaning them up.
relatkely young population forty vears from The growth in the next century will
now,foreshadowing continued growth in the present an unparalleled test for the local
latter part of the century. This growth and governments upon which we depend for
diversity,fueling opportunity for the state's essential public services and community
ever-present entrepreneurial penchant,should leadership. Several barriers may hinder local
keep California's economy vibrant well into governments'ability to deal with 2 Ist Century
Executive summary
ES-4 Growth Within Bounds:California Governance in the 21 St Century 0007
{+j
challenges,including the following: review and approve city and special district
• Locai finance sources are unstable, boundary and service area changes in each
uncertain,often inadequate,and subject to county except San Francisco. Nevertheless,
unpredictable revisions by the Legislature. the Commission recognizes that LAFCOs,
• Land use decisions are often made for acting alone,can do little to transtorm the
reasons that have more to do with the ability of California's local governments to
finances of the local government than the address the pressures on planning and
land use needs of the local community, governance in the 21 st Century. Consequently,
and some decisions may ultimately erode broad recommendations are also provided
future quality of life. regarding the necessity to reform the state-
local fiscal balance,the need for the State and
local governments to adopt smart grog,th
policies,and ways to promote accessibility
and understandability of government.
Tooether,these recommendations comprise a
blueprint for California's transition to the new
~` millenium.
ILIA
•liC,�: .ma, �
Recommendations
The major recommendations below are
composites of the specific individual propos-
als which fo .llow them. reference to the
chapter in the report t%M discusses the
concept more compietely is indicated in
parentheses. Additional suggested technical
Fig.ES-3 People are confused by the array of
changes are included in the text of the report,
- fines
473 but are not revijcated here..
enca su lates the
government agencies—�8 you ,
California P dependent and 2,200
world's diversity cities,about 1,800
independent special districts,300 iointly-
Staifphoto ISSUE: REFORM OF LOCAL
controlled agencies,nearly 1,000 school
districts. The mere numbers suggest GOVERNMENT REORGANIZATION LANV
potential cross-purpose efforts.
• Manv voters and taxpayers feel alienated Problem: Current procedures in the Local
are declining to become involved in Government Reorganisation Act were
and
_, enacted prior to Proposition 13 and the
the debate over public policy.
• legal process that must be followed to extensive growth of the past 35 years. The
The
P law is a composite of three revious
restructure local government to meet these rocedural totes that were not substan-
tially has not been comprehensively P
revisited since 1963,and is commonly tiaily modified when combined,nor have
viewed as arcane,incomprehensible,and the),been since. Consequently,policies are
sometimes biased. often unclear and procedures are cumber-
The Commission was specifically tasked some and uncertain. Moreover,LAFCOs are
with addressing only a portion of these viewed by man),local officials as biased
problems,but with clear direction to look at and non-responsive to Local development
governance broadly. The Commission believes needs.
that all of these issues are interrelated and 1.The Commission recommends that
demand a comprehensive solution. Most of
the Commission's recommendations are LAFCO policies and procedures be stream-
directed toward reform of the states 57 lined and clarified.
LAFCOs,the often invisible agencies that The Cortese-Knox act must be compre-
I
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Execrative Summary Growth Within Bounds:California Governance in the 21 st Century ES-5
0 07s
hensively reorganized and re-drafted to ISSUE: ORDERLY GROWTH AND
make procedures more consistent and RESOURCE PROTECTION
easier to understand. (Chapter 3)
• Consistent procedures must be established Problem: Urban sprawl persists and
for voter/land owner petitions to initiate a growth sometimes proceeds into areas
change of organization or reorganization. where extension of services is inefficient,
(Chapter 3) expensive,or ill-timed. Despite the policies
• All LAFCOs must adopt written policies and procedures of the Cortese-Knox Act,
and procedures. (Chapter 3) the loss of prime agricultural and open-
LAFCO must be the conducting authority space lands continues to occur at an LAFCOs,acting alone,
for all city and special district reorganiza- alarming pace.
tion proceedings. (Chapter 3) can do little to address
• New incorporations ought to be statutorily 3.The Commission recommends strength- the pressures On
exempt from CEQA,since the new city ening LAFCO powers to prevent sprawl and
must initially adopt the existing general ensure the orderly extension of govern- planning and
plan and zoning ordinances of the county, ment services.
or the city if incorporation is part of a Pre-zoning must be required for territory governance in the
special reorganization. Environmental proposed to be annexed to a city to ensure 21 st Century.
impacts will not be encountered at the clear knowledge of plans and potential
planning level until a new general plan is impacts. (Chapter 4)
adopted.(Chapter 4) LAFCO must be required to update
spheres of influence at least once every five
2.The Commission recommends that years. (Chapter 6)
i
LAFCOs be neutral,independent,and LAFCO approval must be required for
provide balanced representation for extension of major"backbone"infrastruc-
counties,cities,and special districts. ture to serve regionally significant
• Except for special statutory exceptions development projects,whether in an
(Los Angeles,San Diego,Santa Clara,and incorporated or an unincorporated area.
Sacramento counties),a uniform member- (Chapter 6)
ship selection scheme must apply to all LAFCO must initiate periodic regional or
LAFCOs as follows:2 from counties,2 sub-regional service reviews,not less
from cities(except counties with no cities), frequently than every five years,to
2 from special districts(if requested),and determine whether local government
1 public member,whose selection shall services are adequate. (Chapter 6)
require an affirmative vote from at least The current statutory provisions allowing
one of the members from each selection unilateral termination of proceedings by
authority. (Chapter 3) special districts(annexations)and cities
All LAFCOs must select their own (detachments)must be rescinded,so that
executive officers and counsel,although all proposals may be fully examined at a
LAFCOs may select county or other public public hearing. Nevertheless,substantial
employees for these roles. (Chapter 3) weight must be afforded an objection by
Conflict of interest and lobbying disclosure an affected city or special district. (Chap-
laws must apply to LAFCO members and ter 3)
staffs. (Chapter 3)
LAFCOs must be funded iointly and 4.The Commission recommends that
equally by each appointing category. policies to protect agricultural and open
(Ch tip ter 3) space lands and other resources be
strengthened.
• A more precise definition of"prime
agricultural lands"must be adopted.
(Chapter 6)
J00079
ES-6 Growth Within Bounds:California Gave in the 21 st Century Executive Summary
• When making a decision,LAFCO must 6.The Commission recommends that the
consider urban limit lines,densities,in-fill State develop incentives to encourage
opportunities,a regional
s and re zonal roar pp � growth goals compatibility and coordination of plans
and policies.(Chapter 6) and actions of all local agencies,including
• LAFCO must be prohibited from approv- school districts,within each region as a
ing a proposal that might lead to develop- way to encourage an integrated approach
ment of prime agricultural or open-space to public service delivery and improve
lands if a feasible alternative exists. overall governance.
(Chapter 6) The State's infrastructure financing
Land use decisions are
• Water supply considerations must be programs must create incentives that
integrated into LAFCO boundary change further its growth planning goals and
sometimes made for decisions.(Chapter3) priorities,and all State policies,regula-
reasons that have tions,and programs must be implemented
in a manner consistent with these goals.
more to do with ISSUE: LOCAL FISCAL REFORM (Chapter 8) j
finances than the land Allocation of the sales tax on a point-of-
Problem: Local government f nancing sale basis must be revised to reduce its
Use needs of the local options are limited,difficult to understand, incentive effect,and property tax alloca-
eommunity. often inadequate,and subject to unforeseen tions to general purpose local govern-
changes by the Legislature. meats must be increased. (Chapter 8)
• LAFCO policies must be revised,as
5.The Commission recommends that the necessary,to make better use of LAFCOs
state-local fiscal relationship be PP comp re- to support growth planning goals.
�4
hensively revised. (Chapter 8)
• Negotiations must be initiated between the
State and local governments to compre-
hensively realign State and local fiscal ISSUE: LOCAL GOVERNMENT
resources and must aim for a Constitu- COORDINATION AND EFFICIENCY
tional amendment. (Chapter 8)
• The State must provide full funding for Problem: State and local agencies often
anv activities mandated upon local proceed with their own plans without X
government at the time that the mandate recognizing the potential effects on other
is imposed. (Chapter
ter 8) agencies and thepu
blic. The re sutt can he
• Tax bills must be informative and easy for confusion and dissatisf
action faction with services.
taxpayers to understand,providing One situation that illustrates this probl
em
em
P
information on which agency receives is the site selection decision for a new
funds,which agency is responsible for school,which is not subject to broader local
levving the tax,and whom to contact for planning review.
information.(Chapter 8)
7.The Commission recommends enhance-
ments to communication,coordination,
ISSUE: GUIDING THE DIRECTIONS OF and procedures of LAFCOs and local
FUTURE GROWTH governments.
Notification and coordination procedures
Problem: Land use decisions are sometimes between local governments and school
made for reasons that have more to do with districts must be strengthened. (Chapter
the f nances of the local government than 3)
the land use needs of the local community, Procedures similar to those for LAFCO
and some decisions may result in costly proceedings(i.e.,notice,public hearing,
extensions of public services which ulti- opportunity for public comment,and
mately erode future quality of life. written statement of determinations)must
J00080
Executive Summary Growth Within Bounds:C;- iia Governance in the 21st Century ES-7
apply to school district reorganization. of fees to cover the cost of processing the
(Chapter 3) application,and LAFCO must be able to
• The value and consistency of the compre- petition the State to provide a loan,
hensive fiscal analysis must be improved repayable by the new city,to cover the cost.
and the State must prepare guidelines for (Chapter 4)
its preparation. (Chapter 4) A proposed new city under a special
• A special blue ribbon commission must be reorganization must be permitted to
appointed to undertake a study of water include in its incorporation proposal the
governance in California. (Chapter 5) election of 5,7,or 9 council members by
• Extension of services outside its jurisdic- district. (Chapter 4) These
tion by a city or special district must be The cost of verifying citizen petitions for
subject to LAFCO approval,even if the any change of organization must be recommendations
service recipient is a public agency. considered a governmental cost. (Chapter will begin a debate
(Chapter 6) 4)
• Proponents of reorganization actions must that may compel the
be required to report campaign contribu-
Z�
ISSUE: PUBLIC INTEREST IN tions and expenditures,in accordance with State to prepare for
GOVERNMENT the Political Reform Act and the Elections the next century.
Code. (Chapter 3)
Problem: Voter turn-outs and public A commission must be established to
opinion surve),s indicate an alarming level comprehensively examine state and local
of apathy by the public regardinggovern- Governance structures and recommend
ment processes and actions. This poses a fundamental changes where necessary.
risk to democracy by enhancing the (Chapter 8)
influence of organized special interests.
8.The Commission recommends that Conclusion
opportunities for public involvement,
active participation,and information Enactin(-,,the Commission's recommenda-
regarding government decision-making be tions will be an important first step toward
increased. reforming state and local governance in
• LAFCOs must be required to maintain web California. The actions proposed areincre-
sites. (ChapterT) mental,recognizing that California agencies
• LAFCO public and governmental notifica- and institutions generally are not inclined
tion requirements must be expanded. toward extreme or precipitous changes. These
(Chapters 3 and 7) recommendations will,nevertheless,begin a
• Proponents of a new incorporation or debate that may compel the State to prepare
special reorganization must be permitted for the next century. If that effort succeeds,
to petition LAFCO for full or partial waiver the California of tomorrow will be a better
place to live.