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HomeMy Public PortalAbout20000614 - Agendas Packet - Board of Directors (BOD) - 00-15 . . Regional Open , we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-15 I SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday,June 14,2000 330 Distel Circle Los Altos, California Please Note: 6:00 p.m. Closed Session 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 6:00 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 Legal Counsel - Anticipated Litigation - Government Code Section 54956.9(c) (1 case) 2. Conference with Real Property Negotiator - Government Code Section 54956.$ Real Property - Santa Clara County Assessor's Parcel Numbers 558-41-021 and 558-41-022 Agency Negotiator - L. Craig Britton Negotiating Part_v -John Musumeci, McDougal Brothers Under Negotiations - Instructions to negotiator will concern price and terms of payment. 3. Conference with Real Property Negotiator - Government Code Section 54956.8 Real Property - San Mateo County Assessor's Parcel Number 067-310-110 Agency Negotiators - L. Craig Britton and Michael C. Williams Negotiating Party - Michael Klestoff, Russian Convent of Our Lady of Vladimir, Inc. Under Negotiations - Instructions to negotiator will concern price and terms of payment. 4. Public Employmement - Government Code Section 54957 Public Employee Performance Evaluation - General Counsel REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS-Public ADOPTION OF AGENDA 330 Distel Circle + Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosduopenspace.org Web site:www.openspace.org Board of Directors:fete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nanette Nanko,Betsy Crowder,Kenneth C. Nitz . Genera/Manager.L Craig Britton Meeting 00-15 Page 2 *** ADOPTION OF CONSENT CALENDAR-K.Nitz *** WRITTEN COMMUNICATIONS BOARD BUSINESS 7:35 1 Proposed Resolution of the Board of Directors Supporting the Creation and Development of the Silicon Valley EcoCampus; Adopt the Resolution in Support of the Creation and Development of the Silicon Valley EcoCampus—C. Britton 7:40 2 Approval of an Alternative Bridge and Driveway Easement to Serve the 20-Acre Kabcenell Property Adjacent to Windy Hill Open Space Preserve; Quitclaim of the Existing Driveway Easement, Private Driveway Maintenance Agreement and Private Emergency Road Easement and Exchange Agreement; Approval of a New Private Bridge and Driveway Maintenance Agreement; Approval of a Permit to Enter to Facilitate Construction of the Bridge and Driveway and Adoption of a Use and Management Plan Amendment for a Minor Trail Realignment; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Out in the Report; Adopt a Resolution Authorizing and Approving the President of the Board or Other Appropriate Officer to Accept the Quitclaim Deeds for the Existing Driveway Easement from Portola Road and the Private Driveway Maintenance Agreement from the Kabcenells and Concurrently Execute a Quitclaim Deed to the Kabcenells for the Same Agreement;Authorize the President of the Board or Other Appropriate Officer to Accept the Quitclaim Deeds for the Emergency Road Easement and Exchange Agreement for an Emergency Road from the Driveway through The Sequoias from the Kabcenells and Northern California Presbyterian Homes and Services and Concurrently Execute a Quitclaim Deed, and Authorize the President of the Board or Other Appropriate Officer to Execute a Grant of Easement Deed and the Private Bridge and Driveway Maintenance Agreement for the Alternative Bridge and Driveway Access from Alpine Road to the 20-Acre Property; Authorize the General Manager to Execute the Permit to Enter Allowing the Kabcenells and their Contractors and Consultants to Access Windy Hill Open Space Preserve to Construct the Alternative Driveway and Bridge to Access the Adjacent Private Property from Alpine Road; Final Adoption of the Use and Management Plan Recommendation to Realign Approximately 300 Feet of Trail as it Enters Windy Hill Open Space Preserve from a Town Trail on The Sequoias Property-M. Williams 8:00 3 Approval of an Agreement with The McKinney Family Trust to Relocate an Easement for Underground Utilities Over a Portion of Windy Hill 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 for Execution of an Agreement to Quitclaim an Existing Easement and Grant an Underground Easement in Favor of The McKinney Family Trust; Authorize the General Manager and General Counsel to Approval Minor Revisions to the Agreement that do not Involve any Substantial Change to the Agreement as Set Forth in the Report;Authorize the General Manager to Execute the Design Review and Approval Letter Dated June 14, 2000—T. Fischer 8:10 4 Proposed Addition of General Convention Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve; Adopt the Resolution Electing to Retain Ownership of the Former General Convention Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve—M. Williams 8:20 5 Calling of District Elections in Wards 3,4 and 7 and Requests for Election Administration and Consolidation Services from Santa Clara and San Mateo Counties; Adopt the Resolution of the Meeting 00-15 Page 3 Board of Directors to Call an Election and Requesting Election Administration and Consolidation Services in Santa Clara County for Wards 3 and 4; Adopt the Resolution of the Board of Directors to Call an Election and Requesting Election Administration and Consolidation Services in San Mateo County for Ward 7; Reconfirm Section 2.12 of the Rules of Procedure Regarding a Maximum of 200 Words Per Candidate Statement and Payment of Candidates Statements in Wards Where Two or More Candidates Have Qualified to Appear on the Ballot;Adopt the Resolution of the Board of Directors Authorizing Not Listing Any Unopposed Candidate for Election on the November 7,2000 Ballots of Santa Clara and San Mateo Counties. —D. Dolan 8:30 6 Approval of an Application for a Land and Water Conservation Fund Program Grant to Construct a Segment of the Bay Area Ridge Trail and Parking Area at Long 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 Approving the Application to the Land and Water Conservation Fund Program for a Matching Grant of$30,105 to Construct a Segment of the Bay Area Ridge Trail and Parking Area at Long Ridge Open Space Preserve—D. Vu 7 Authorize the General Manager to Pay Relocation Expenses Up to a Maximum of$2,500 for Newly Recruited Management Employees—C. Britton REVISED CLAIMS INFORMATIONAL REPORTS—Brief Reports or announcements concerning pertinent activities of District Directors and Staff CLOSED SESSION CONTINUED(if necessary) 8:35 ADJOURNMENT Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication,which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Regional Oper. dace It �V MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF POR BOARD CONSIDERATION John E. James 21852 Lindy Lane Cupertino, CA 95014 Re: Golf Ball Conflict with Parking, Fremont Older Open Space Preserve Dear Mr. James: Thank you for your recent letter expressing concern about the safety of people using the parking lot at Fremont Older Open Space Preserve due to its proximity to the green for the fifth hole at Saratoga Country Club. The Board reviewed your letter at its regular meeting last night. We appreciate the time you took to write to us. The November 1998 District report you referenced (R-98-136) did include an option to work with the Country Club to potentially swap a surplus portion of its property with the existing parking area as an alternative location for parking. However, this alternative would have required construction of an expensive bridge and retaining walls and improvements to widen ,- the private driveway, resulting in an estimated cost of approximately $400,000. Private residents who have rights to the driveway stated that the proposal would conflict with their rights, and that they could not support it. This location would also be subject to some errant golf balls, and thus would require fencing to protect the parking. The District Board's position, based on the advice of Legal Counsel, is that the Cotzlntry Club is responsible for preventing golf balls from leaving its property and impacting other property such as the parking area, regardless of which use was established first. The estimated cost of improving the existing parking area to provide a modest expansion of use is approximately $140,000, plus approximately $80,000 for fencing and a canopy to protect the site from golf balls. The Board approved this alternative as the most reasonable expenditure of public funds, though it would be appropriate that the Country Club share in the cost of the golf ball protection. Similarly, to consider expending even more public funds on the land swap alternative, and taking on the driveway access issue, the Board would need to see financial participation by the Country Club. The Board remains open to suggestions from the Country Club as to participation in the costs or other solutions to the golf ball conflict. In fact, District staff arranged a meeting with the Country Club Manager and some Country Club Board members in 1999 to encourage a 330 Distel Circle . Los Altos, C-\94022-1404 . Phone:OSO-691-1200 FAX: 650-691-048.5 . E-mail: rnroscl openspace.or, e Web site:,,.�.w.openspace.org BoardW Directors:Pete 5iemea> Mary C.Da%e�, Jeri Ctir, Deane Little vonette Hank,-) Cron<cle- .e^neth C. y'itz • Cener,3t L.Crai Britt, I John E. James June 14, 2000 Page 2 continuing dialogue, but there has been no response. We hope that as a member, you will encourage the Country Club management to work with us on this issue.-, Sincerely, Kenneth C. Nitz, President Board of Directors cc: L. CraigBritton, General Manager g Joseph Callan, General Manager, Saratoga Country Club I _ i A?EMONT OLDAR Open Space Preserve ,kAIDPENINSULA REGIONAL OPEN SPACE DISTRICT t •� M.rw h I 1 / • M aPP mM Felrnel r 1 Olde > Y .!f0� r O P- /0.6 �. Tte C k sa•�� 1 F; :L �n�, 7'.-y '$. //fir i• '� �'�! is'�',,x �� � _" kp P,'r'c 1 xwxSi. i ,.J I \ fin;•S� Ii � _ r� o.l w _ 0.7 y I M. . r n.tJ� C Older o `+` T d c311 / •~' i"m 11.1)jJ� I�r 11.1 II a ry�t���}t' _ .(�• 41 Stevens Creek /, 03 s County Park Vaisic's o.; • Pr :r ° o us R _ o� Peak ^•\ (Tanta Cora Counryt �y ..} ••0.6 •S� � . Ba.Yew Trail -.uro_ y- ®RED0.a r Tnynn •• ( •a r'• 7-1 F Traci j I •� < ,�• S® `-® Tl1j _ 0.7 otE Berl A06 ;o.Y tram n 1 iMl ' [wr1Y. •. .. NOII t 1 �� � Stevens\ 11 Canyon© ® Mt.Eden ' e _ r„nlar,so-.erw erer•T Rwd Road ' t rnonrr rant rn,rre g ts` i nunly Par4 ini-nrmaf —odr 1 .J One Mile Legend '© I'.Amg Lot 1f u•stn u,n-: \ch uc I lmrual K,,W,0v Patkmg, O ;',nnl n;:^••:•esr I 00'e,1'1611, Lands OKcsidrnu• a.-. i'nlc�:. L®� \r�i uhGt Fntr. 11 \lsitor Centvr •—. Rail!)s a-u•m\r_r. Trail Use ......•••••• [,king Unly ————- -;:ng,R i.. wy/ IL��:nn it,W, /l Ir,....orted ,,, d1 mail,. May 18, 2000 John E. James 21852 Lindy Lane Cupertino, CA 95014 Midpeninsula Regional Open Space District D Q 330 Distel Circle Los Altos,CA 94022-1404 Attention: L. Craig Britton, General Manager cc. MROSD Board of Directors M:DPENINSULA REGIONAL OP 11 EN SPACE DISTRICT Dear Mr. Britton, I am a member of the Saratoga Country Club, where I play golf three or four time each week. I am very concerned for the safety of the people using your parking lot, which is located adjacent to the green on the fifth hole. When I tee off on this hole, I am always quite fearful of hitting someone in that lot,because an errant shot can easily reach into the lot, and there is no way that someone in the lot would see it coming. On any given Saturday, I would estimate that over 100 balls are driven from this tee towards the green, which means toward the parking lot. Probably 5 to 10 of these balls reach the parking lot on the fly. I sincerely believe that we have been lucky that, to my knowledge, no one has been injured to date. In my opinion, it will just be a matter of time until a visitor using the parking lot will be injured by an errant golf ball. A report dated November 18, 1998 by your staff presented the results of an internal study designed to find the best way of enlarging the parking for the Fremont Older Open Space Preserve. On page three it cited the danger of the current parking lot location and recommended that a land swap with the Country Club could provide more parking, which is needed, and at the same time relocate the parking lot, to help alleviate the dangerous condition that exists. That report further states that the Country Club was willing to cooperate in this solution. However, the relocation has not been accomplished and the,danger continues to exist. The Midpeninsula Regional Open Space District and the Saratoga Country Club should raise the priority of the parking improvements and expedite a solution to this problem before the inevitable accident occurs. If I can be of any assistance in bringing this about, please do not hesitate to call me at 408-725-0280. Y sin erely, ;John E. Jame cc: Joe Callan Rich Bur ton, Jim Dalton, of the Saratoga Country Club 4 Regional Open ,,ace DRAFT RESPONSE -- PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Richard Emerson 55 Stonegate Road Portola Valley, CA 94028 Re: Corte Madera Creek Crossing and Benches, Windy Hill Open Space Preserve Dear Mr. Emerson: Thank you for your recent letter regarding the trail crossing at Corte Madera Creek and the placement of benches in Windy Hill Open Space Preserve. The Board reviewed your letter at our regular meeting last night. The ford at Corte Madera Creek has existed since well before the District acquired the Windy Hill property, but you are correct that a better crossing is warranted for a dedicated public trail. In winter the crossing may be impassible, and the crossing is always an agility challenge. Also, allowing trail users to ford the creek does not meet standards of the Department of Fish and Game for wildlife protection. This summer a bridge will be constructed at the crossing to provide access for a residential inholding located up the canyon. The work will require that this preserve entry be closed for a few months, but thereafter all trail users will have easy access via the bridge. District staff and volunteers are currently working on a plan to designate additional locations for benches at Windy Hill (there are a few benches currently in the upper portion of the preserve). If you would like to suggest some bench locations to be considered in this process, please mark up the enclosed map and return it to District offices to the attention of Doug Vu, District Planner. The District typically works with Peninsula Open Space Trust (POST) to arrange for the installation of the benches through POST's memorial giving program. Thus, bench installation depends on the choices of persons who would like to dedicate a bench. However, Windy Hill is likely to be very popular for this program, so additional benches are likely to be installed over the next few years. We appreciate the time you took to write to us and hope that the above information helps to address your concerns. Sincerely, Kenneth C. Nitz, President Board of Directors cc: Doug Vu, Planner I enclosure: Preserve map 3 i0 Distel Circle . Los Altos, CA 9402 2-1404 e Phone: 650-691-1200 FA\ 050-691-0485 . E-mail: mrosdefopenspace.org e Wei)site:www.openspace.org , ,rr,I w lime h,,, "o"sienx n- 1,1ary C. Davev. led C\r, Deane Little. Nonelte Rinko, Bel,v Crim der. Kenneth C_Nitz .Gener,d l.na,,wr:L.Craig Brat(m Fires: Fire,are piohlhiled on pre.enes. r Smoking: Smoking Is pnlhlbu(•(I on p«•serr,•s. s Sr•' :TM,.ALLEY Weapons:All wc,gxlns are prohlhited un Legend © Parking to: Plants& Please lease plants and animals undis- ;,- 'S• ? :,, _ Wildlife: Curbed.If you are fortunate enough to Roadside Pa-;ing ,� encounter wildlife during wur visit, o., y q do not approach,startle.or feed it. ® Restrooms a s.,. Although wild animals are generally fearful of humans and will run away, ,-_-_- Drive"ay-4uthorized •'r•' some wildlife can be dangerous. Vehicles Onh Caution:Rattlesnakes are native to this area - - Creek l ~ =tip"° 'a,6 and are especially active in warm(leather. ., t Poison oak grows on most presen e_:learn to •� Trail Distance in Miles �•., ,y :o identify and avoid it in all seasons.Be aware Bay Area Ridge Trail , sP,�„FRiaR.r \ K that ticks are active in this area and may carry •. e.3"' diseases.Stay on designated trails and check Gate(trs) a: vourseli Bequendi for ticks.Bring drinking Hater- u No Public Entry 0•4 FOR FURTHER INFORMATION Private or Lea ed Lands a o,� =Iwl #r°.For further information about your open space preserves,please call,write,or visit us: Trail Use +'•' - i ` ntid{,eninsula Regional Open Space District, i it)Distel Circle,Los Altus,CA 94022-1404. -•-•-— Hiking only Our telephone numl)er is 650-691-1200, z.e and electronic mail may b e sent to --- Hiking,Equestrian ® -ti Hale!mGukhT,,ii r _ 4 <mrosdOopenspace.org>.Our web Site is<svww.openspace.org>. Hiking,Bicycling,Equestrian04 E Dogs on leash permitted •�� .,� - ,j/ —� only on designated trails. t - __ �. �'• WINDY HILL23 � • ' ` m ahxed(ecOpen Space Preserve awn II.CqRh LI 1.-1,-J'l;ils s r z MIDPENINSULA REGIONAL OPEN SPACE DISTRICT O 5-19gn r.(dµmm„I.ItaK,,.nal(�P..}y.,a D,.Iru i f' so — a L t v 1 l-1 L. \� 1�� 1-� i 1 �' �� �, 1! C (Z rr� ;.0 EV CR �=-� � � � r 'A.) o : 1 �AkE it 5SA T-I-1 � � � LQ. -� , �, Cr �- 'aJv C ay / L J l D �-- u �G R-T I`L-Cc IMIDPENINSULA REGIONAL OPEN I SPACE DISTRICT Regional Open *ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 9, 2000 TO: Jenny Preciado, Sr. Administrative ssistant FROM: L. Craig Britton, General Manager SUBJECT: Assistant District Clerk Appointment By means of this memorandum, I am formally appointing you Assistant District Clerk. As Assistant District Clerk, you are authorized to perform District Clerk duties in the absence of the District Clerk. cc: D. Dolan, District Clerk J. Preciado Personnel File 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 40 1 Regional Open �, ice " 1 L�y�� titer 1^ R-00-81 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-15 June 14, 2000 AGENDA ITEM 1 AGENDA ITEM Proposed Resolution of the Board of Directors Supporting the Creation and Development of the Silicon Valley EcoCampus. ASSISTANT GENERAL MANAGER'S RECOMMENDATION G'v(• c._ �C� Adopt the attached resolution in support of the creation and de elopment of the Silicon Valley EcoCampus. DISCUSSION At your meeting of May 24, 2000 you received a presentation by Mr. Andy Fenselau, a board member of the Peninsula Conservation Center, regarding the proposed Silicon Valley EcoCampus (see report R-00-74). Mr. Fenselau outlined the concepts and objectives of the EcoCampus, and asked the Board to consider officially supporting its development, as well as its proposed location at the Shoreline/Charleston site owned by the City of Mountain View. The benefits of the proposed EcoCampus would extend to the entire community and would be a key element in preserving the quality of life and help to balance environmental issues and concerns with economic and development realities. Such an organization, with a centralized location, is necessary in order to promote environmental stewardship and collaboration among environmental groups, businesses, and residential and employee communities. Through such an effort, the EcoCampus could become a national model for addressing regional sustainability at the grassroots level. The resolution before you lends the Board's support to the concept, creation, and development of the Silicon Valley EcoCampus. It does not explicitly support the proposed location for the EcoCampus, as the Board's discussion made it clear that it would not be appropriate for the District to impose its opinion of a location that falls within another agency's jurisdiction, namely the City of Mountain View. Prepared by: L. Craig Britton, General Manager Contact person: Same as above 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton Resolution No. 00-31 Resolution of the Board of Directors of the P Open Midpeninsula Regional O Space District P g P Supporting the Formation and Development of the Pro posed EcoCampus Whereas, the Board of Directors of the Midpeninsula Regional Open Space District finds that environmental education and access to environmental information on a comprehensive, regional basis is one of the keys to sustaining the future viability of our ecosystems, our economy, and our quality of life; and Whereas, the Board recognizes that a centralized location from which local and regional environmental organizations can coordinate efforts and activities, similar in nature to the Peninsula Conservation Center but taken to the next step in size and scope, will help to promote the concept of regional sustainability; and Whereas, a consortium of environmental organizations (Peninsula Conservation Center Foundation, Bay Area Action, and Foundation for Global Community) have proposed the formation and development of the EcoCampus to operate as the regional hub for environmental community education and action; and Whereas, the EcoCampus will support and facilitate collaboration among the region's environmental organizations, green-commerce entrepreneurs, residential and employee communities, and businesses; and Whereas, the EcoCampus, building on the successful model of Peninsula Conservation Center, will offer opportunities for collaboration by providing community classes and exhibits, corporate volunteer opportunities, educational projects, workshops and forums on sustainability, a centralized location to obtain environmental information products, and incubator services for emerging non-profit organizations that would otherwise have no physical location from which to develop; and Whereas, further, the EcoCampus will provide a home for 15 to 30 environmentally-oriented organizations, will develop and host demonstrations, classes, and projects on sustainable building, use of renewable energy, and native plant and organic plant gardening, will foster networking on sustainable business best-practices, and will develop an online presence with activities, information, and resources; and Whereas, through these activities EcoCampus will fill a currently un-met need to help prepare this region for sustainable development by providing a locus for environmental stewardship and collaboration, and will become a national model for addressing regional sustainability at the grassroots level. Now, Therefore, Be It Resolved that the Board of Directors of the Midpeninsula Regional Open Space District does hereby fully support the development and creation of the EcoCampus, and applauds and commends the efforts of Peninsula Conservation Center Foundation, Bay Area Action, and Foundation for Global Community as these organizations work toward accomplishing the creation of what will become a national model for creatively addressing this region's environmental, economic, and community sustainability. 1 Regional Open ., , .ice 1 R-00-84 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-15 June 14, 2000 AGENDA ITEM 2 AGENDA ITEM Approval of an Alternative Bridge and Driveway Easement to Serve the 20-Acre Kabcenell Property Adjacent to Windy Hill Open Space Preserve; Quitclaim of the Existing Driveway Easement, Private Driveway Maintenance Agreement and Private Emergency Road Easement and Exchange Agreement; Approval of New Private Bridge and Driveway Maintenance Agreement;Approval of a Permit to Enter to Facilitate Construction of the Bridge and Driveway and Adoption of a Use and Management Plan Amendment for a Minor Trail Realignment on the Preserve and Determine that the Recommended Actions are Exempt from the California Environmental Quality Act ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the project is categorically exempt from CEQA,based on the findings in this report. 2. Adopt the attached resolution authorizing and approving the following items: i a) Authorize the President of the Board or other appropriate officer to accept the Quitclaim Deeds for the existing Driveway Easement from Portola Road, and the Private Driveway Maintenance Agreement from the Kabcenells and concurrently execute a Quitclaim Deed to the Kabcenells for the same agreement. b) Authorize the President of the Board or other appropriate officer to accept the Quitclaim Deeds for the Emergency Road Easement and Exchange Agreement for an emergency road from the driveway through The Sequoias from the Kabcenells and Northern California Presbyterian Homes& Services and concurrently execute a Quitclaim Deed for the same document, and execute a Quitclaim Deed to the Kabcenells for the open space easement on the Kabcenell property. c) Adopt the attached resolution approving and authorizing the President of the Board or appropriate officer to execute a grant of Easement Deed d) Approve and authorize the President of the Board or other appropriate officer to execute the Private Bridge and Driveway Maintenance Agreement with the Kabcenells for the bridge and driveway access from Alpine Road to the 20-acre private property. 3. Authorize the General Manager to execute the attached Permit to Enter allowing the Kabcenells and their contractors and consultants to access Windy Hill Open Space Preserve for the purpose of constructing the alternative driveway and bridge to access the adjacent private property from Alpine Road. 4. Final Adoption of the Use and Management Plan recommendation to realign approximately 300 feet of trail as it enters Windy Hill Open Space Preserve from a Town trail on The Sequoias property, in conjunction with realignment of the Town's trail on The Sequoias property. BACKGROUND At your October 13, 1999 meeting(see report R-99-137),you declined to exercise the District's Right of First Refusal to acquire the 20-acre parcel owned by Mr. Slobe which allowed Derry and Charlene Kabcenell to complete their purchase of the property in November 1999. To finalize a number of 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-00-84 Page 2 outstanding issues that dated back to the District's purchase of the 429-acre Slobe property as an addition to Windy Hill Open Space Preserve,you approved the Portola Road driveway easement alignment with a corresponding driveway maintenance agreement, a separate exchange agreement providing emergency access through The Sequoias property and a grant of open space easement to the District. You also tentatively adopted a use and management plan recommendation to realign approximately 300 feet of trail as it enters the preserve from a Town frail on The Sequoias property, in conjunction with realignment of the Town's trail on The Sequoias property. Also at your October 13, 1999 meeting,under a separate action,you conceptually approved an alternative driveway access alignment, entering the preserve from Alpine Road,to serve the 20-acre parcel (see report R-99-135). The purchase agreement between the District and Mr. Slobe allowed for consideration of an alternative driveway access from Alpine Road to serve the 20-acre parcel. According to the agreement, at the request of either the District or the owner of the 20-acre parcel,the Portola Road access could be replaced with a driveway from Alpine Road. The party pursuing the alternative alignment, in this case the Kabcenells, would be responsible for all associated development costs. As with the approved Portola Road alignment,the District would retain the right to full use of the driveway for public trail use and access to patrol and maintain the preserve. Upon receiving conceptual approval of the alternative driveway alignment,the Kabcenells developed design and construction drawings for the project and submitted them to the Town of Portola Valley for a Site Development Permit. The Town Planning Commission considered the project at their February 29, 2000 meeting. Issues raised by the public in attendance included: 1)a concern for the safety of The Sequoias residents should the Portola Road alignment be developed; 2)a preference to retain the natural condition of the area surrounding Sausal Pond; 3)a reduction in the creek bank impact at Corte Madera Creek with the Alpine Road alignment; and 4)a provision of an all-weather creek crossing, as reasons for their support. Concerns were voided over the impact to Corte Madera Creek,and the potential for increasing access to the preserve from Alpine Road,thus potentially worsening the parking problem at the intersection of Alpine Road and Willowbrook Drive. The Planning Commission approved the draft Initial Study and Negative Declaration for the project by a vote of 4 to 1. The Town's Site Development Permit to construct the Alpine Road alternative driveway was also approved by a vote of 4 to 1. In addition, although the District was not an applicant for the Site Development Permit,the Planning Commission stated a number of issues that they felt warranted an amendment to the District's Conditional Use Permit for the preserve. The issues include: 1. Consideration of a trail alignment paralleling Corte Madera Creek between the bridge crossing and Hamm's Gulch Trail; 2. Possible improvements to Spring Ridge Trail including making it an all-weather route or narrowing the width of the trail; and 3. Use of the new driveway and bridge for District business. As outlined in the October 13 report,upon approval of the Site Development Permit by the Town,the Alpine Road alternative driveway alignment would return to the Board for formal consideration. This report includes approval of an easement for the bridge and driveway serving the private parcel from Alpine Road(including underground utilities),a road maintenance agreement for the Alpine Road bridge and driveway,and a permit to enter for the construction to occur,beginning in mid-June. With driveway access being relocated to the alternate alignment from Alpine Road,the Kabcenells will quitclaim any rights to the Portola Road driveway easement, including the emergency road through the Sequoias. The District would also quitclaim its rights to the emergency road through The Sequoias. Since the open R-00-84 Page 3 space easement affecting a 50-foot wide swath of property along the 20-acre parcel's southern and eastern boundaries is directly linked to the exchange of rights for the emergency road easement agreement,the open space easement would also be eliminated with the abandonment of the emergency road rights(see Exhibit 1). DISCUSSION I The proposed driveway route enters the preserve from Alpine Road slightly east of an existing gate near the junction of Alpine Road and Willowbrook Drive. The alternate route requires the construction of a 100-foot vehicle bridge spanning Corte Madera Creek,and 1,349 feet of new road construction on the I preserve(see Exhibit 1). The remainder of the driveway will utilize existing patrol routes and trails on the preserve which will need to be widened to accommodate vehicle access. Like the approved(Portola Road)driveway,the proposed alternate driveway will be 12 feet wide and gravel surfaced. Through the use of retaining walls in some areas and narrowing the shoulder width,the proposed(Alpine Road) alignment reduces the overall width of the driveway as compared to the Portola Road alignment. The Portola Road alignment typically has 2-foot shoulders on either side of the driveway, creating a 16-foot wide swath for its entire length. The 2-foot shoulders were required according to the Town of Portola Valley's driveway standards. The Town of Portola Valley's driveway standards also require roadside turnouts at 350-foot intervals to enable vehicles to pass one another. A turnout will be located at either end of the proposed bridge to allow a clear line-of-sight for preserve visitors and vehicle operators,prior to travelling onto the bridge decking. The bridge is proposed to have a steel and concrete support structure with wood and steel cable handrails and wood decking. Nine of the eleven living trees requiring removal for the project are located in the creek corridor. Staff is confident that the removal of trees in this area has received much thought in order to preserve the maximum number of trees possible. Corten steel will be used on the bridge because it oxidizes to a natural brown color. Concrete will be colored to match the environmental colors. Utilities, including water,power,and telephone will be underground within the driveway easement. Where they cross the bridge,they will be mounted to the underside of the bridge structure. All utility features(including pull boxes and hose bibs),will be located below the road grade. The electric and water meters and related equipment will be located along the east side of the driveway at the junction of Alpine Road. These-meters will be protected with bollards and screened with native plants. Detailed engineering drawings of the alignment and bridge will be available at the meeting for your review. 2 mares the approved ali alignment entering from Portola Road The map and table(attached as Exhibit )compares eg g with the proposed alternate alignment entering from Alpine Road. For the sake of comparison, measurements for the Portola Road en begin at the ate nearest Sausal Pond. The first 670 feet of fi' g g driveway between Portola Road and the gate near Sausal Pond has been omitted from comparison because this section of roadway will not require any additional improvements. The two driveway alignments merge into the same alignment at the approximate point that the driveway enters the private (Kabcenell)parcel. Upon entering the private parcel,the driveway continues for nearly 850 feet to reach the proposed house site. There may be some minor discrepancies between the figures contained in the October 13 report and the table included as part of Exhibit 2. These numbers reflect actual construction drawings while the October 13 figures reflected the level of detail that had been completed at that time. The alignment presented to R-00-84 Page 4 you at the Board's October 13 meeting is the same as the alignment before the Board for consideration now. Any changes that have occurred are minor and have occurred to lessen the impact to the preserve (for example,moving the driveway slightly to lessen its impact to a tree). Staff continues to believe that the proposed Alpine Road alternative alignment is superior to the Portola Road alignment for a number of reasons. The Alpine Road alignment has considerably less impact on the preserve as it is less than half as long as the Portola Road alignment. This translates into less driveway surface area and less grading being required to construct the Alpine Road alignment. The bases for preferring the Alpine Road alignment over the Portola Road alignment are summarized below. The reasoning behind each statement is discussed in detail in report R-99-137. 1. The Alpine Road alignment moves the private driveway away from the primary entrance point to the preserve at Portola Road,to a secondary entrance point at Alpine Road. This lessens the potential for user conflicts,and retains the natural character of the preserve at the point that most visitors first encounter the preserve. 2. In the Alpine Road scenario,the emergency road access through The Sequoias is unnecessary. 3. The private driveway is contained in a corner of the preserve in the Alpine Road scenario. The Portola Road alignment"slices"across a significant portion of the preserve. 4. The Alpine Road alignment is shorter, lessening the earth movement required for completion. This is evidenced by comparing the impacted surface area and total grading. A shorter route also lessens the potential for trail user conflicts. 5. All utilities to the private parcel will be underground in the driveway in the Alpine Road scenario. 6. The Alpine Road alignment improves access to the preserve in the event of emergencies. 7. Improvement of an all-weather creek crossing at Corte Madera Creek will lessen the day- to-day impact to the creek banks. 8. The Alpine Road alignment lessens the visual impact to the preserve by retaining the rural character of Spring Ridge Trail behind The Sequoias and moving the driveway lower in elevation as it travels through the open meadow,reducing the off-site impact. 9. The Portola Road alignment would have a greater impact on Sausal Pond,a known site of breeding red-legged frogs(a threatened species). Private Driveway Maintenance Agreement The District's Policies for Road Maintenance Agreements,adopted June 23, 1982,outline the general standards to which District roads are to be maintained. Where the other party to a road maintenance agreement requires a higher standard than that identified in the policies as a minimum rural standard necessary for District use: "the additional cost shall be the responsibility of the other party." The proposed driveway will be built to a higher standard than necessary for District business and the Kabcenells have agreed to pay such additional maintenance costs. Areas of the roadway subject to joint maintenance obligations have been divided as follows: 1. The structural elements of the bridge improvements have been divided five-sixths (83.33%)to the Kabcenells or their successors, and one-sixth to the District(16.67%) 2. The driveway starting at Alpine Road to the intersection of the District trail and patrol road(Spring Ridge Bypass) including bridge decking and railing,two-thirds(66.67%)to the Kabcenells,and one-third(33.33%)to the District. 3. The remainder of the driveway will be 100%responsibility of the Kabcenells. 4. Any District connection to the driveway will be a 100%responsibility of the District. I R-00-84 Page 5 The Maintenance Agreement requires that both parties carry general liability insurance in the amount of $2,000,000 and provides a cross indemnification provision. The maintenance agreement obligations approved for the Portola Road alignment are divided two-thirds to Mr. Slobe or his successors(the Kabcenells),and one-third to the District. As discussed earlier in this report,the development and construction costs of the bridge and driveway, and any liability from design or construction,are the sole responsibility of the Kabcenells. Construction Schedule—Permit to Enter If approved,construction is scheduled to begin in mid-June. All work is anticipated to be complete by November 15,2000. Work affecting the creek corridor is required by California Department of Fish and Game permit to be complete by October 15,2000. A permit to enter is included with this report for your approval. The permit to enter outlines the conditions which the Kabcenell's contractors and consultants will be obligated to follow during the construction process. The Kabcenell's contractor is Anderson Pacific Engineering Construction, Inc. The Kabcenells have also indicated that they may need to add contractors to the permit to enter at a later date. Under the General Manager's authority,the permit to enter could be amended to include additional contractors. No revisions in the conditions of the permit to enter are anticipated. The access for the initial phases of construction will be from both Portola and Alpine Road entrances to the preserve. This will enable the bridge to be constructed from either creek bank, one of the conditions of the Town engineer. Upon completion of the rough grading of the driveway and installation of the bridge,Alpine Road will become the construction access point. The contractor will be responsible for returning any area used during construction to a condition equal to or better than the condition that currently exists. Two temporary access routes may be necessary for specific phases of the construction project(see Exhibit 2). The first of the these routes would be along the perimeter of the Portola Road meadow to transport the steel beams for the bridge if this can not be accomplished by using the Alpine Road access. The second route which is identified as a Temporary Equipment Route(see Exhibit 2),may be used to transport a backhoe or other equipment needed to construct footings for a small bridge to be constructed on the private 20-acre Kabcenell parcel if this cannot feasibly be accomplished by using the driveway access. This route was used previously for drilling a potential well site on the private parcel. If either of these routes are used,the area(s)used will be returned to a condition equal to or better than the condition that currently exists. Three staging areas on the preserve will be used during construction(see Exhibit 3). The main staging area will be used by the contractor for the storage of equipment and materials. It is located in the flat meadow area at point approximately halfway along the proposed driveway. Two additional staging areas, on either side of the creek,will also be used during the construction of the bridge. The size of the staging area allows contractors to turn around to pick up and drop off equipment and materials. A smaller area would not allow vehicle turn around resulting in rutting and soil compaction. No significant trees will be removed to create the staging areas. Topsoil will be cleared from the staging areas prior to their use, preserving the topsoil for use during restoration. Upon completion of the driveway rough grading and bridge construction,the staging will move onto the Kabcenell parcel. The staging areas on District land will be restored and hydroseeded with a native seed mix. i R-00-84 Page 6 The heavy equipment needed for the rough grading of the road and bridge construction will be transported into the construction site at the onset and stored,when not in use, in the main staging area. Contractors will be required to minimize their vehicle traffic through the preserve,to reduce the potential for trail user conflicts. The greatest number of vehicle trips will occur when the gravel surfacing material is being hauled in and placed. This will occur after the bridge is constructed and access will be from Alpine Road. This schedule coincides with the Town's proposed closure of Alpine Road to facilitate repairs. Staff and Mr.Kabcenell met with the Town's Engineer to coordinate the driveway construction activity. Coordination between the contractor and haulers transporting the gravel will be necessary to ensure that trucks do not block or"stack up"on Alpine Road. The portion of the preserve affected by the construction will be closed at the start of construction and will remain closed at all times during the construction process. This is to ensure public safety. Fencing and signing will be used as necessary to restrict public use in this area during construction. A through trail, linking the Hamm's Gulch Trail with the Spring Ridge Trail will remain open during construction. All other trails within the construction zone, including the trail proposed for realignment that links Spring Ridge Trail with Eagle Trail,will need to remain closed. Signing explaining the construction and closures will be posted at all trailheads. Additional signing will be necessary at the perimeter of the construction zone. Preserve visitors intending to use the Alpine Road entrance will be directed to use the Portola Road entrance to the preserve until construction is complete. Restoration The restoration is divided into two categories: 1)restoration of the staging areas and along the exposed edges of the driveway; and 2)and creek bank restoration,as follows: 1. Restoration of the staging areas. The staging areas and raw areas along the edges of the road will be restored with a hydroseed mix of native plant seeds. The restoration of the staging areas has the potential to provide a greater level of native species diversity than currently exists. 2. Creek bank stabilization and restoration. Restoration of the creek banks is specifically addressed in a report prepared by Phillip Williams and Associates(PWA). This work will utilize rootwads with rock bank stabilization similar to the stabilization methods being used by the Town of Portola Valley for the Alpine Road repairs. This method is recommended by the California Department of Fish and Game. During the creek bank restoration work(which includes the bank stabilization and possibly the abutment construction work)equipment will need to be in the creek. The creek will be dewatered in compliance with the conditions of the California Department of Fish and Game Streambed Alteration Agreement. Consideration was given to completing this work from the bank above the creek, and it was determined that the environmental damage would be greater from this location. A cluster of trees would possibly be impacted, in addition to significant grading to create staging areas on which the equipment could stage to complete the work. The Kabcenell's consultant will be responsible for monitoring the bank stabilization and habitat mitigation for five years after the completion of this project. Trail Realignment The use and management plan for Windy Hill Open Space Preserve,dated November 22, 1988 (see report R-88-141) included a project to realign a series of trails in the southeast corner of the preserve. One of the trails identified for realignment connects Spring Ridge Trail with the Alpine/Willowbrook entrance to the preserve. The trail was created from foot traffic as a short-cut between Spring Ridge Trail and the gate at Alpine Road/Willowbrook Drive. It is very steep and eroded in places. Realigning this trail has I R-00-84 Page 7 remained a low priority,given other trail projects. However,with the driveway construction imminent, the realignment needs to occur now. Staff will be determining the best realignment on-site,trying to minimize the potential for trail use conflicts between the trail users and the private driveway use. The realignment of this trail will come to you as a future use and management plan amendment. Trail Construction At your October 13, 1999 meeting,you tentatively adopted a use and management plan recommendation to realign approximately 300 feet of trail as it enters the preserve from a Town trail on The Sequoias property that is being realigned. Even though the emergency access road through the Sequoias will no longer be necessary,the Town and District staff agreed to realign this trail to avoid the potential for conflict between users of the Town trail as it crosses The Sequoias property and residents of The Sequoias. The trail will be constructed by a District volunteer. The Kabcenells provided a$5,000 bond last October to cover the cost of the trail construction. This trail realignment was already determined to be in compliance with CEQA. CEQA COMPLIANCE CEQA review of the proposed Alpine Road driveway was completed during the Town of Portola Valley's review of the Site Development Permit. The Town of Portola Valley was the lead agency during the CEQA process and issued a mitigated negative declaration;therefore,no further action is required by the District's Board regarding CEQA for the construction of the Alpine Road driveway. This project consists of approval of an easement for a bridge and driveway to serve the 20-acre parcel from Alpine Road,quitclaim of an easement for driveway purposes to serve the 20-acre parcel from Portola Road, quitclaim of an easement and road maintenance agreement for emergency access purposes through The Sequoias, and a road maintenance agreement for the proposed driveway. CEQA Determination Section 15317 exempts the acceptance of easement or fee interests in order to maintain the open space character of an area. The access easement for the Alpine Road driveway will retain the open space character of the surrounding preserve. PUBLIC NOTIFICATION A copy of the agenda has been mailed to owners of property adjacent to the preserve. In addition,a copy of the agenda was posted at trailheads to the preserve. Prepared by: Michael C. Williams, Real Property Representative Mary de Beauvieres,Planning Consultant Graphics prepared by: Ana Ruiz,Planning Technician Contact person: Michael C. Williams,Real Property Representative i I RESOLUTION 00- 32 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE FOR QUITCLAIM DEEDS FOR REAL PROPERTY RIGHTS BEING RELEASED TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE QUITCLAIM DEEDS FOR THE REAL PROPERTY RIGHTS BEING RELEASED, A GRANT OF EASEMENT DEED FOR REAL PROPERTY RIGHTS BEING CONVEYED AND AUTHORIZING OFFICER TO EXECUTE PRIVATE BRIDGE AND DRIVEWAY MAINTENANCE AGREEMENT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (WINDY HILL OPEN SPACE PRESERVE -LANDS OF KABCENELL) The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section One. The President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance on behalf of District for acceptance of Quit claim Deeds from Dirk A. Kabcenell and Charlene C. Kabcenell, Trustees of the Kabcenell Family Trust dated September 27, 1989(Kabcenells)relating to the Driveway Easement from Portola Road. The President of the Board of Directors or other appropriate officer is further authorized to execute a Quitclaim Deed for said Private Driveway Maintenance Agreement to Kabcenells. Said Quitclaim Deeds are attached hereto as Exhibit I and incorporated by this reference. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance on behalf of District for acceptance of Quit claim Deeds from the Kabcenells and Northern California Presbyterian Homes and Services (NCPH) for the emergency road through lands of NCPH. The President of the Board of Directors or other appropriate officer is further authorized to execute Quitclaim Deeds relating to said Agreement to the Kabcenells and NCPH. Said Quitclaim Deeds are attached hereto as Exhibit II and incorporated by this reference. Section Three. The President of the Board of Directors or other appropriate officer is authorized to execute an Easement Deed for the bridge and driveway easement from Alpine Road to Kabcenells as attached hereto as Exhibit III and incorporated by this reference. Section Four. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and accept that certain Private Bridge and Driveway Maintenance Agreement with the, a copy of which is attached hereto as Exhibt IV and incorporated by this reference, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District. Section Five. The General Manager of the District shall cause to be given appropriate notice of acceptance to the parties. The General Manager and Board President, in consultation with General Counsel, are further authorized to execute any and all other documents in escrow necessary or appropriate to the implementation or closing of any of the transactions approved in this Resolution. The General Manager and General Counsel are further authorized to approve any minor technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents,which are necessary or appropriate to the closing or implementation of any of these transactions. Section Six, The Board of Directors finds that the granting and releasing of the real property interests is in accordance with the Basic Policy of the District and is not detrimental to the open space character of the Windy Hill Open Space Preserve. WIND' HILL OPEN SPACE V#ESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ONE r }cal I c LA )V i f ; ,. ..., THE " . SEQUOIAS Sausa Pond 1 s. �. QUITCLAIM QUITCLAIM EXISTING %- EMERGENCY ROAD DRIVEWAY-ALIGNMENT ALTERNATE,,B*RIDGE AND ,SAS+ DRIVEWAY EASEMENT REALIGNED ` PROPOSED ' c HOUSE ,'r QUITCLAIM ._ CONSERVATION EASEMENT (50 WI-D EXHIBIT 1 i WIND' HILL OPEN SPACE V#ESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FEATURE PROPOSED APPROVED ON 1. DRIVEWAY LENGTH 2O90 ft. 4229 ft. 2. SURFACE AREA 31259 sgft. 71185 sq. ft. 3. EMERGENCY ACCESS LENGTH not required 531 ft. 4. COMBINED CUT/FILL 1775 cu.ft. 4693 cu.yd. 5. LENGTH OF SHARED TRAIL 741 ft. 3124 ft. 1 PORTOLA VALLEY �.. (WHf 5) _-- , THE c SEQUOIAS Sausal 00 Pond \ PORTOLA DRIVEWAY ALIGNA%tfN\ (APPROVE[��.y EMERGENCY ROAD N BRIDGE AND DRIVEWAY EASEMENT (PROPOSED) TRq�` ALIGNMENT BF REALIGNED PROPOSED ' ` HOUSE - - -SI TE- EXHIBIT- _ �. EXHIBIT 2-1 Length Portola Driveway Alignment Alpine Driveway Alignment (Approved) (Proposed) From entry ate to boundary 3,949 ft. 2,090 ft. Emergency access 280 ft. N/A Total length 4,229 ft. 2,090 ft. Total over existing 2,929 ft. 741 ft. trails/access Total over undeveloped land 1,300 ft. 1,349 ft. Total length 4,229 ft. 2,090 ft. Surface Area Driveway surface area 62,745 sf. 28,619 sf. Emergency access 4,480 sf. N/A Additional area for turnouts 3,960 sf( 9) 2,640 sf(6) Total surface area 71,185 sf 31,259 sf Grading Cut Fill Total Cut Fill Total From entry ate to boundary 1,277 2,746 4,023 844 931 1,775 Emergency access 574 96 670 N/A N/A N/A Total earthwork 1,851 2,842 4,693 844 931 1,775 Total over existing 116 2,733 2,849 237 800 1,037 trails/access Total over undeveloped land 1,735 109 1,844 607 131 738 Total earthwork 1 11851 12,842 4,693 1844 1931 1 1,775 EXHIBIT 2-2 1 GRAPHIC SCALE �j 120 BO 120 �t0 �- '-'� = I _ �\\ �\ •' (00 IN FEET ) 3 X 1 inch = 120 fL U w MAIN > T a \ STAGING, : S� NOTES: AFfA �, \ \ Remora 16" Oo1c 1 J \` ,` ►nOW'� \ b?k 1. ALL TREES ADJACENT TO STAGING AREAS SHALL BE PRESERVED AND J •\ `�' _ � PROTECTED PER MIDPENINSULA REGIONAL OPEN SPACE DISTRICT'S Z �r• -.=` REQUIREMENTS. �J \ i /� �`�, /,._ I •r.,µ \ 2. IF DESIRED BY CONTRACTOR, SITE m TRAILER TO BE LOCATED IN MAIN Q ! STAGING AREA OR WITHIN PRIVATE Y PROPERTY. ' � ��: �// '- �. its-�� / •\�'`4 � � V+ +1 3. ALL TREES TO BE TRANSPLANTED ✓ i i �� \ SHALL BE DONE SO PER MIDPENINSULA i /"`; ✓ GI REA REGIONAL OPEN SPACE DISTRICT'S REQUIREMENTS. U 4. EXCAVATION AND CLEARING AROUND ( a, TREE ROOT SYSTEMS SHALL BE DONE tmh O t� PER MIDPENINSULA REGIONAL OPEN \� /"" �� •��\.-� ' �� , ; SPACE DISTRICTS'S REQUIREMENTS. \ L \�-- 5. A REPRESENTATIVE OF THE a) MIDPENINSULA REGIONAL OPEN SPACE c DISTRICT SHALL BE PRESENT DURING ALL TREE TRIMMING OPERATIONS. PLAN zzz- / \ ING AREA e ��imava Deo� Buckey ` o emove 12 Bay E `o ove 14 Y emove Oa r s B �g ♦ -.r " Multi-Stem Bay \ — e Re move aQ%f ay emove-}3� Ma le I` p o0 �w�Bd\ sinovt 24" dead maple ry„ 'say i"STAGING AR < R Exhibit I WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 .4 Attention: M. Williams DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE Pursuant to Government Code PUBLIC AGENCY ACQUIRING TITLE, QUITCLAM DEED Sections 6103, 27383. CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 By: DIRK A. KABICENELL and CHARLENE C. KABCENELL, Trustees of the Kabcenell Family Trust dated September 27, 1989, do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to 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, all their right, title and interest under that certain easement for driveway and underground utility purposes, granted pursuant to Article 11 of that certain GRANT OF REAL PROPERTY, RESERVATION OF EASEMENTS, DECLARATION OF RESTRICTIONS AND RESERVATION OF A RIGHT OF FIRST REFUSAL, filed in the Official Records of the Office of the County Recorder of San Mateo County, State of California, on November 3, 1999 as Instrument No. 1999-183616. A.P.N.: 076-340-070 076-340-080 COUNTY OF By On — before me, Dirk A. Kabcenell, Trustee Personally appeared 0 personally known to me-OR-n proved to me on the basis of satisfactory evidence By to be the person(s)whose name(s) Charlene C. Kabcenell, Trustee is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), STATE OF CALIFORNIA and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WHEN RECORDED MAIL TO: Kent Mitchell, Esq. MITCHELL& HERZOG 550 Hamilton Avenue, Suite 230 Palo Alto, CA 94301 DULY RECORDED WITHOUT FEE Pursuant to Government Code QUITCLAIM DEED Sections 6103, 27383. By: 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 does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to DIRK A. KABCENELL and CHARLENE C. KABCENELL, Trustees of the Kabcenell Family Trust dated September 27, 1989, all their right, title and interest under that certain PRIVATE DRIVEWAY MAINTENANCE AGREEMENT filed in the Official Records of the Office of the County Recorder of San Mateo County, State of California, on November 3, 1999 as Instrument No. 1999-183617. A.P.N.: 076-340-080 076-340-070 COUNTY OF Midpeninsula Regional Open Space District On before me, (date) By President, Board of Directors Personally a appeared I ❑personally known to me-OR-❑proved to me on the basis of satisfactory evidence I to be the person(s)whose name(s) is/are subscribed to the within in r m n nacknowledged t m st u e t a d o e that he/she/they executed the same in hisfier/their authorized capacity(ies), '... STATE OF CALIFORNIA and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. '. WITNESS my hand and official seal. '........ WHEN RECORDED MAIL TO: Midpeninsula Regional S Open ace District P P 330 Distel Circle Los Altos, CA 94022 Attention: M. Williams DULY RECORDED WITHOUT FEE Pursuant to Government Code NO TRANSFER TAX DUE Sections 6103, 27383. PUBLIC AGENCY ACQUIRING TITLE, QUITCLAIM DEED CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 By: DIRK A. KABCENELL and CHARLENE C. KABCENELL, Trustees of the Kabcenell Family Trust dated September 27, 1989, do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to i 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, all their right, title and interest under that certain PRIVATE DRIVEWAY MAINTENANCE AGREEMENT, filed in the Official Records of the Office of the County Recorder of San Mateo County, State of California, on November 3, 1999 as Instrument No. 1999-183617. A.P.N.: 076-340-070 076-340-080 COUNTY OF By On before me, Dirk A. Kabcenell, Trustee (date) Personally appeared By Charlene C. Kabcenell, Trustee ❑personally known to me-OR-O proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) stare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histhedtheir authorized capacity(ies), STATE OF CALIFORNIA on that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Exhibit II WHEN RECORDED MAIL TO: Northern California Presb terian Y Homes, Inc. 1525 Post Street San Francisco, CA 94109 Attn: President DULY RECORDED WITHOUT FEE Pursuant to Government Code QUITCLAIM DEED Sections 6103, 27383. By: 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 does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to NORTHERN CALIFORNIA PRESBYTERIAN HOMES & SERVICES, INC., a nonprofit corporation, all their right, title and interest under that certain PRIVATE EMERGENCY ROAD EASEMENT AND EXCHANGE AGREEMENT filed in the Official Records of the Office of the County Recorder of San Mateo County, State of California, on November 3, 1999 as Instrument No. 1999-183618. APN: 079-200-030 076-340-070 t p l COUNTY OF Midpeninsula Regional Open Space District On before me, (date) Personally appeared By President, Board of Directors ❑personalty known to me-OR-0 proved to me on the basis of satisfactory evidence to be the person(s)whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), STATE OF CALIFORNIA and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seat. I I WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los,Altos, CA 94022 Attention: M. Williams DULY RECORDED WITHOUT FEE Pursuant to Government Code NO TRANSFER TAX DUE PUBLIC AGENCY ACQUIRING TITLE, QUITCLAIM DEED Sections 6103, 27383. CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 1 By: NORTHERN CALIFORNIA PRESBYTERIAN HOMES & SERVICES, INC., a nonprofit corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to 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, all their right, title and interest under that certain PRIVATE EMERGENCY ROAD EASEMENT AND EXCHANGE AGREEMENT filed in the Official Records of the Office of the County Recorder of San Mateo County, State of California, on November 3, 1999 as Instrument No. 1999-183618. APN: 076-340-070 079-200-030 COUNTY OF NORTHERN CALIFORNIA PRESBYTERIAN On before me, HOMES & SERVICES, INC., a Nonprofit (date) Corporation Personally appeared By ❑personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)whose nameis) Its islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), STATE OF CALIFORNIA and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and official seal. WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: M. Williams DULY RECORDED WITHOUT FEE Pursuant to Government Code NO TRANSFER TAX DUE Sections 6103, 27383. PUBLIC AGENCY ACQUIRING TITLE, QUITCLAIM DEED CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 By: DIRK A. KABCENELL and CHARLENE C. KABCENELL, Trustees of the Kabcenell Family Trust dated September 27, 1989 do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to 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, all their right, title and interest under that certain PRIVATE EMERGENCY ROAD EASEMENT AND EXCHANGE AGREEMENT filed in the Official Records of the Office of the County Recorder of San Mateo County, State of California, on November 3, 1999 as Instrument No. 1999-183618. APN: 076-340-070 076-340-080 COUNTY OF On -before me, By (date) Dirk A. Kabcenell, Trustee Personally appeared By 0 personally known to me-OR-0 proved to me on the basis of satisfactory evidence Charlene K. Kabcenell, Trustee to be the person(s)whose name(s) is are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) STATE OF CALIFORNIA on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WHEN RECORDED MAIL TO: Kent Mitchell, Esq. MITCHELL& HERZOG 550 Hamilton Avenue, Suite 230 Palo Alto, CA 94301 ° DULY RECORDED WITHOUT FEE QUITCLAIM DEED Pursuant to Government Code Sections 6103, 27383. By: 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 does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to DIRK A. KABCENELL and CHARLENE C. KABCENELL, Trustees of the Kabcenell Family Trust, dated September 27, 1989, all their right, title and interest under that certain PRIVATE EMERGENCY ROAD EASEMENT AND EXCHANGE AGREEMENT filed in the Official Records of the Office of the County Recorder of San Mateo County, State of California, on November 3, 1999 as Instrument No. 1 999-1 8361 8. A.P.N.: 076-340-080 076-340-070 COUNTY OF Midpeninsula Regional Open Space District On before me, (date) By Personally appeared President, Board of Directors ❑personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within '.. instrument and acknowledged to me '.. that he/shetthey executed the same in his/her/their authorized capacity0es), STATE OF CALIFORNIA and that by his/her their signaturels) on the instrument the person(sl,or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WHEN RECORDED MAIL TO: Kent Mitchell, tche 1, Es . q MITCHELL& HERZOG 550 Hamilton Avenue Suite 230 Palo Alto, CA 94301 DUL' wITHOUT FEE QUITCLAIM DEED Pursuant Government Code Sections 6103, 27383. By: 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 does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to DIRK A. KABCENELL and CHARLENE C. KABCENELL, Trustees of the Kabcenell Family Trust dated September 27, 1989, all their right, title and interest under that certain GRANT OF OPEN SPACE EASEMENT filed in the Official Records of the Office of the County Recorder of San Mateo County, State of California, on November 3, 1999 as Instrument No. 1999-183619 A.P.N.: 076-340-080 076-340-070 COUNTY OF Midpeninsula Regional Open Space District On before me, Personally appeared By President, Board of Directors ❑personally known to me-OR-Cl proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islara subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the STATE OF CALIFORNIA entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Exhibit III WHEN RECORDED MAIL TO: Kent Mitchell, Esq. MITCHELL& HERZOG 550 Hamilton Avenue, Suite 230 Palo Alto, CA 94301 EASEMENT DEED DULY RECORDED WITHOUT FEE Pursuant to Government Code Sections 6103, 27383. By: 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 hereby GRANTS to DIRK A. KABCENELL and CHARLENE C. KABCENELL, Trustees of the Kabcenell 'Family Trust, dated September 27, 1989, a non-exclusive Easement for ingress, egress and underground utility purposes, appurtenant to the parcel described on Exhibit I, attached hereto and incorporated by this reference. Said easement is described in Exhibit A and shown on Exhibit B, both attached hereto and incorporated herein by this reference. DISTRICT shall have the right to use the Easement for patrol, maintenance, public pedestrian, equestrian, and non-motorized public trail purposes. A.P.N.: 076-340-070 076-340-080 COUNTY OF Mi nin I dpe su a Regional Open Space District i On before me, By: Personally appeared President, Board of Directors Cl personally known to me-OR-O proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me '.. that he/she/they executed the same in his/her/their authorized capacity(ies), '.. STATE OF CALIFORNIA and that by his/her/their signaturels) on the instrument the person(s),or the entity upon behalf of which the person(:)acted,executed the nstrument. WITNESS my hand and official seal. EXHIBIT "I" KABCENELL PROPERTY PORTION OF PARCEL 1, as shown on that certain map entitled "PARCEL MAP OF CORTE MADERA", which map was filed in the office of the Recorder of the County of San Mateo, State of California, on January 27,1981 in Book 50 of Parcel Maps at pages 79 through 84, more particularly described as follows: BEGINNING at a point in the general Southerly boundary line of said Parcel 1, said point being the Southerly terminus of course No. 174, which course has a bearing of South 270 05' 40" West and a distance of 124.25 feet; thence from said Point of Beginning along the general Southerly boundary line of said Parcel 1, South 420 1 1'40' West 96.49; thence South 190 02'40" West 76.00 feet; thence South 390 28'40'West 83.93 feet; thence South 51' 05'40" West 37.67 feet; thence North 170 36' 20" West 168.53 feet; thence North 000 53'40" East 128.21 feet; thence North 81 12' 41" West 173.62 feet; thence South 860 17' 19'West 122.52 feet; thence North 660 27'41" West 153.31 feet; thence North 850 12'41' West 90.41 feet; thence North 320 57'41" West 183.45 feet; thence North 840 27' 41" West 152.00 feet; thence South 870 02' 19" West 109.04 feet; thence leaving said Southerly boundary line,North 10 00' 00" East 659.39 feet; thence South 750 38' 16' East 509.27 feet; thence North 200 25' 32' East 415.31 feet; thence South 550 53' 14" East 688.49 feet; thence South 370 14' 04" West 720.28 feet; thence South 500 00' 00" East 420.00 feet to the Point of Beginning. containing 20.01 Acres, more or less. ~�f , l Freyer & Laureta , Inc , c i v i l e n g i n e e r s s u r v e y o r s Exhibit A DESCRIPTION OF INGRESS/EGRESS AND UTILITY EASEMENT THROUGH THE LANDS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT All that certain real property situate in the Town of Portola Valley, County of San Mateo, State of California, described as follows: Area 1 BEGINNING at the southeasterlymost corner of Parcel 1 of the "Parcel Map of Corte Madera", recorded the 11th day of November, 1980 in Volume 50 of Maps at Page 79 (50 M 79), said point also being the southwesterlymost corner of Tract 799, Willowbrook No. 3 in Volume 55 of Maps Page 28 (55 M 28), said point also being the TRUE POINT OF BEGINNING; thence North 590 00' 20" West 64.77 feet; thence North 040 44' 34" East 26.65 feet; thence North 740 13' 15" East 19.16 feet to a point hereinafter referred to as Point "A"; thence North 741 13' 15" East 56.55 feet; thence South 000 50' 21" West 75.30 feet to the TRUE POINT OF BEGINNING and containing an area of 2,814 square feet more or less. Area 2 A strip of land of a uniform width of 25 feet, lying 12.50 feet on each side of the following described line: BEGINNING at the aforementioned Point °A" and proceeding northwesterly along a curve to the left having a radial bearing in of South 740 13' 15" West and a radial bearing out of North 120 46' 25" West, and having a central angle of 861 59' 40", a radius of 46.00 feet and an are length of 69.84 feet; thence South 770 13' 35" West 52.61 feet to a point hereinafter referred to as Point "B" and being the terminus for the herein described line; containingan area"of 3 061 square feet more or less. q Area 3 A strip of land of a uniform width of 40 feet, lying 25 feet on the left and 15 feet on the right of the following described line: BEGINNING at the aforementioned Point "B" and proceeding South 770 13' 35" West 9.64 feet; thence through a tangent curve to the right having a central angle of 450 24' 20", a radius of 80.00 feet and an arc length of 63.40 feet; thence North 570 22' 05" West 54.47 May 17, 2000 Page 1 of 4 2050 Pioneer Court • San Mateo, California 94403 • (650) 349-0803 • Fax (650) 349-0885 •www.freyerlaureta.com Exhibit A Easement Description feet to a point hereinafter referred to as Point "C" and being the terminus for the herein described line; containing an area of 5,259 square feet more or less. Area 4 A strip of land of a uniform width of 120 feet, lying 80 feet on the left and 40 feet on the right of the following described line: BEGINNING at the aforementioned Point "C" and proceeding North 570 22' 05" West 56.95 feet to a point hereinafter referred to as Point "D" and being the terminus for the herein described line; containing an area of 6,834 square feet more or less. Area 5 A strip of land of a uniform width of 45 feet, lying 25 feet on the left and 20 feet on the right of the following described line: BEGINNING at the aforementioned Point T" and proceeding North 570 22' 05" West 29.26 feet; thence through a tangent curve to the right having a central angle of 160 32' 56", a radius of 50.00 feet and an arc length of 14.44 feet; thence North 400 49' 09" West 42.86 feet to a point hereinafter referred to as Point "E" and being the terminus for the herein described line; containing an area of 3,928 square feet more or less. Area 6 A strip of land of a uniform width of 50 feet, lying 25 feet on each side of the following described line: BEGINNING at the aforementioned Point "E" and beoceeding through a tangent curve to the left having a central angle of 080 47' 57", a radius of 100.00 feet and an arc length of 15.36 feet; thence North 490 37' 06" West 75.52 feet; to a point hereinafter referred to as Point "F" and being the terminus for the herein described line; containing an area of 4,544 square feet more or less. Area 7 A strip of land of a uniform width of 75 feet, lying 50 feet on the left and 25 feet on the right of the following described line: BEGINNING at the aforementioned Point "F" and proceeding North 490 37' 06" West 14.26 feet; thence through a tangent curve to the left having a central angle of 160 52' 28", a radius of 100.00 feet and an arc length of 29.45 feet; thence North 660 29' 34" West 42.48 feet; thence through a tangent curve to the right having a central angle of 270 56' 33", a radius of 50.00 feet and an arc length of 24.38 feet; thence North 380 33 01" West May 17, 2000 Page 2 of 4 Freyer & Laureta, Inc. Exhibit A Easement Description 93.83 feet to a point hereinafter referred to as Point "G" and being the terminus for the herein described line; containing an area of 15,512 square feet more or less. Area 8 A strip of land of a uniform width of 50 feet, lying 25 feet on each side of the following described line.- BEGINNING at the aforementioned Point "G" and proceeding through a tangent curve to the left having a central angle of 170 54' 20", a radius of 100.00 feet and an arc length of 31.25 feet; thence North 561 27' 21" West 124.90 feet to a point hereinafter referred to as Point "H" and being the terminus for the herein described line; containing an area of 7,808 square feet more or less. Area 9 A strip of land of a uniform width of 40 feet, lying 25 feet on the left and 15 feet on the right of the following described line: BEGINNING at the aforementioned Point "H" and proceeding through a tangent curve to the right having a central angle of 110 26' 28", a radius of 100.00 feet and an arc length of 19.97 feet; thence North 450 00' 53" West 26.38 feet; thence through a tangent curve to the left having a central angle of 250 59' 30", a radius of 100.00 feet and an arc length of 45.36 feet; thence North 710 00' 24" West 36.79 feet; thence through a tangent curve to the right having a central angle of 280 33' 31", a radius of 65.00 feet and an arc length of 32.40 feet; thence North 420 26' 52" West 2.14 feet; thence through a tangent curve to the right having a central angle of 220 50' 19", a radius of 100.00 feet and an arc length of 39.86 feet-, thence North 190 36' 33" West 3.34 feet; thence through a tangent curve to the left through a central angle of 180 01' 29", a radius of 100.00 feet and an arc length of 31.46 feet; thence North 370 38' 02" West 58.96 feet to a point hereinafter referred to as Point "I" and being the terminus for the herein described line; containing an area of 12,609 square feet more or less. Area 10 A strip of land the uniform width of 47.50 feet, lying 25 feet on the left and 22.50 feet on the right of the following described line: BEGINNING at the aforementioned Point "I" and proceeding North 470 45' 39" West 8.75 feet; thence through a tangent curve to the left having a central angle of 290 31' 30", a radius of 65.00 feet and an arc length of 33.49 feet; thence North 770 17' 09" West 56.41 feet; thence through a tangent curve to the right having a central angle of 270 26' 08", a radius of 100.00 feet and an arc length of 47.88 feet; thence a tangent curve to the left having a central angle of 152' 53' 04", a radius of 63.00 feet and an arc length of 168.11 May 17, 2000 Page 3 of 4 Freyer & Laureta, Inc. iI Exhibit A Easement Description feet; thence South 220 44' 04" East 10.95 feet; thence through a tangent curve to the right having a central angle of 1040 09' 41", a radius of 100.00 feet and an arc length of 181.80 feet; thence South 810 25' 37" West 35.64 feet; thence through a tangent curve to the left having a central anglelof 240 58' 59", a radius of 100.00 feet and an arc length of 43.60 feet; thence South 560 26' 38" West 45.83 feet; thence through a tangent curve to the right havinga central angle of 031 49' 30", a radius of 499.99 feet and an arc length of 33.9 38 9 feet to a point hereinafter referred to as Point "J" and being the terminus for the herein described line; containing an area of 31,533 square feet more or less. Area 11 BEGINNING at the aforementioned Point "J" and proceeding South 290 43' 53" East 35 feet; thence along a non-tangent curve to the right having a radial bearing in of South 290 43' 53" East and a radial bearing out of South 040 36' 01" East, and having a central angle of 250 07' 51", a radius of 534.99 feet and an arc length of 234.66 feet to a point on the northerlymost property line of Parcel 1 as defined in Document #1999-183622; thence along said property line North 550 53' 14" West 97.22 feet; thence leaving said property line North 880 22' 57" East 51.08 feet; thence through a tangent curve to the left having a central angle of 280 06' 51", a radius of 477.49 feet and an arc length of 234.30 feet; thence South 290 43' 53" East 22.5 feet to the POINT OF BEGINNING (Point "J"); containing an area of 14,930 square feet more or less. A 3-page plat showing the above-described areas is attached hereto and made a part hereof as Exhibit B. LESS QS0 /4 lei rM m * . 12-31. 3 CIVIV qTC OF CM-\4�� May 17, 2000 Page 4 of 4 Freyer & Laureta, Inc. AREA 11 NOT TO SCALE \ AREA 10 AREA 9 SHEET 2 AREA 8 � y ' ' AREA 7 / •-4—AREA 6 r AREA 5 QRa��� r AREA 4 J Q. y /� rn rn '1-AREA 3 s � I * •31-0 \� 1�AREA 2 CIY1v o��`Q OF CAo 1 AREA 1 MEET 1 Exhibit B INDEX SHEET Freyer & Laureta, inc. INGRESS/EGRESS AND tmLfTY EASEMENT civil engineers surveyors >1✓ 2050 Ploneer Court. 2^" Floor • Son Mateo, CA 94403 FOR KABCENELL PROPERTY (650)349-0803 • Fox (650)349-0885 • www.froyerioureio.com PORTOLA VALLEY,CALIFOFMA � PAGE 1 OF 3 � `MATcjy l VNE LINE TABLE LINE LENGTH BEARING / yl� hr L1 26.65 504'44'341N L2 52.61 N77'13'35"E L3 9.64 N77'13'35" / L4 54.47 S57 2' S E �s 'C' L5 56.95 S5T22'05 E / 0. R=100.00 L6 29.26 S5722'05"E / Y L=31.25 L7 42.86 S40'49'09"E / D=17'5420" L8 75.52 S49'37'06"E C/L INGRESS EGRESS `` / �s L9 14.26 S49'37'06E UTILITY EASEMENT / L10 42.48 S66'29'34"E L 1 1 93.83 S38'JJ'01"E fi (�-R=50.0o I io L=24.38 1 I R=100.00 L=29.45 D=16'52 28" �v / R=50.00 / . MIDPENINSJLA REG-101VAL L=14.44 / �' E-' 1—R=100.0oL= .36OPEN SPACE DISTRICT 0=16'3?5 `f / D=8'47 57" PARCEL I 50 PM 30 D' _ vt 40, L 5 i C' r 15' t� R=80.00 L=63.40 D=45 \ 1 242420" 5X, \ a�5 5081� w\lC` 0 \\y+s \ 'g' 5 egg• 'A \� R=46.00 L=69.84 r� \ /I 0 \ L1 1 / 559'00'20"£ '• S74.13'15"W56.55 64.77' TP.OB. No016.08 E 1 J TRACT 799 1 inch = 100 ft. l WILLOWBROOK NO. 3 55 M 23 Exhibit B r , Freyer & Laureta, inc. INGRESS/EGRESS AND UTILITY EASEMENT civil anginaars • surveyors FOR KABCENELL PROPERTY Lolmmoff 2050 Pioneer Court, 2n° Ffoor - Son Moteo, CA 94403 PORTOtA VALLEY,CAUFORt�A (650)349-0603 • Fox (650)349-0885 • www.treyerloureto.com PAGE 2 OF 3 Cp C�7 uT \� W \ J�J J W -� R=477.19 Z Q C \ L=234.30 ((w� Cy ,W \ �\ D=28'06'51^ 1 inch = 100 ft. R=499.99 L=33.38 \ D=3149'30" Dt"Ayhry R=100.00 710.28 R=534.99 \\ y ~ \ L=43.60 L=234.66 \v\ f`�?� D=24'5859" R=63.00 5f D=15'07 " \ \ _ L=168.11 \ ryh 01 / -1110=151'53.04" N29'43'53"w\ Go \ _ 100, I C/L INGRESS/EGRESS �'owl I UTILITY EASEMENT R=100.00 R=100.00 L=181.80 L=47.88 D=104'09'41" D=27'16'08"1 } 1�22.50 LINE TABLE LINE PLENGTH BEARING 1 L 12 S45'00'53"E R=65.00L13 571'00'24EL=33.49 L14 S42'26'52`E D=19'31'30" L15 S19'36'33"E L16 SJ738'02"E P e L17 L17 S474539"E L18 56.41 S7717'09"E L 19 10.95 N22'44'04-W LA J5.64 N81'25'37"E R=100.00 L=31.46 L21 45.83 N56'26'38"E 0=18'O1'19" R=100.00 MIDPEIVINSULA REGIONAL oiso•19" \ OPEN SPACE DISTRICT �Lrs PARCEL I 50 PM PO L=32.40�� L 14 D=28'33'31" R=100.00 L=45.36 ' D=15'59.30" I R=100.00 L=19.97 �i D=1 r'26 28" MATCH UNE Exhibit B r C Fre er & Laureta, inc. INGRESWEGRESS AND UTILITY EASEMENT y civil engineers • sur-vayors FOR KABCENELL PROPERTY LA!✓ 2050 Pioneer Court, 2n° Floor • Son Aloteo, CA 94403 PORTOL.A VALLEY CAUFOWA (650)349-0803 • Fox (650)349-0885 • www.froyerlourato.com PAGE 3 OF 3 Exhibit IV Recorded at the request of and when recorded,mail to: Kent Mitchell,Esq. MITCHELL&HERZOG 550 Hamilton Avenue,Suite 230 Palo Alto,CA 94301 A.P. Nos.: 076-340-070 076-340-080 PRIVATE BRIDGE AND DRIVEWAY MAINTENANCE A REEMFNT This Private Bridge and Driveway Maintenance Agreement(hereinafter "Agreement") is made and entered into this day of , 2000, by and between 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 "District"), and Dirk A. Kabcenell and Charlene C. Kabcenell, Trustees of the Kabcenell Family Trust dated September 27, 1989 (hereinafter "Kabcenell"). Recitals A. District owns certain real property consisting of undeveloped land comprising 429 acres, more or less, located in the County of San Mateo, State of California, commonly known as Assessor's Parcel No. 076-340-070, and more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (hereinafter "District Property"). District acquired the District Property from Robert J. Slobe (hereinafter "Slobe"). a , B. Kabcenell owns certain real property consisting of undeveloped land comprising approximately 20 acres, more or less, located in the County of San Mateo, State of California, commonly known as Assessor's Parcel No. 076-340-080, and more particularly described on Exhibit "B", attached hereto and made a part hereof by reference (hereinafter the "Kabcenell Property"). Kabcenell acquired the Kabcenell Property from Slobe on November 3, 1999. C. When Slobe conveyed the District Property to District, in the Grant Deed recorded on August 14, 1987, Slobe reserved an easement for driveway purposes over the District Property, which easement is appurtenant to the Kabcenell Property formerly owned by Slobe. Thereafter, Slobe and District made certain adjustments in the descriptions of the District property, the Kabcenell Property and the appurtenant easement for driveway purposes by grant deed recorded on November 3, 1999 as 1 June 8, 2J-J 3:3 2 RM Document#1999-183616 in the Official Records of the Office of the Recorder for the County of San Mateo. D. The District therein granted to the owner of the Kabcenell Property the right to designate a substitute alternative access driveway route consisting of a valid legal driveway from Alpine Road to the Kabcenell Property with the survey and installation costs of such alternative driveway to be borne by the party requesting such alternative access route (hereafter the "right of substitution"). E. Kabcenell has exercised such right of substitution, and has designated an alternative access driveway route from Alpine Road to the Kabcenell Property (hereafter the "Kabcenell Access Easement"), and such route and the construction of the surface driveways and bridge thereon have been agreed to by the District and by the Town of Portola Valley, which on March 1, 2000, approved Kabcenell's application for a site development permit to construct said bridge and driveway. Said site development permit was approved subject to conditions more particularly described in that certain letter from the Town of Portola Valley dated March 7, 2000, (hereafter, collectively, the "Site Development Permit") attached hereto and incorporated herein by reference as Exhibit C. F. The approval of the Site Development Permit and the agreement by the District to the alternative access route for the location and construction by Kabcenell of a new bridge over Corte Madera Creek and the connecting driveways (hereafter the "Bridge and Driveway Improvements") are based upon those certain improvement plans, (1) prepared by Freyer& Laureta; Inc., dated November 22, 1999 for the Driveway and its alignment; (2)prepared by Hohbach-Lewin, Inc., Structural Engineers, dated Aprif�19, 2000 for the Bridge; and (3) prepared by Philip Williams & Associates for the creek bank stabilization (hereafter, collectively, the "Improvement Plans"), all on file at the principal office of the District and incorporated by reference herein. G. The District and Kabcenell, by this Agreement, desire to provide for the construction, maintenance and repair of the Bridge and Driveway Improvements which are the subject of the Site Development Permit and Improvement Plans. The parties intend that each party shall have an equal opportunity and responsibility to identify and initiate "Required Maintenance," as such is hereinafter defined pursuant to the procedures set forth herein. P 2 June 8, 2000 3:32 PM NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Percentage Obligations. The Percentage Obligations of the District and Kabcenell, respectively, for the costs of inspection, maintenance and repair of the Bridge and Driveway Improvements, including without limitation any fees or deposits paid for periodic inspections thereof required by any governmental agency, and any fees or deposits paid to any governmental agency for any permits to do any such repairs or maintenance, shall be the following: Bridge I=rovements District s Kabcenell (a) structural elements 16.67% 83.33% (foundation, attached retaining walls, footings, and creek bank stabilization installations) (b) handrails, handrail supports, 33.33% 66.67% decking and surface finishes on structural elements At Grade Driveway Improvements (a) from and including the entry 33.33% 66.67% point from Alpine Road at Station 0+00 as shown on the Improvement Plans, across the Bridge, and continuing to station 8+42 on the Improvement Plans where the proposed Driveway intersects the existing IMROSD patrol road. (b) from station 8+42 on the 0% 100% Improvement Plans to the point where the at grade Driveway enters the Kabcenell Property (c) any portion of the 0% 100% Driveway on the Kabcenell Property 3 June 8, 2000 3:32 PM (d) for any Driveway connection 100% 0% from the District s nct Property to Driveway on the Kabcenell Propegrty as reserved by District in the Grant Deed ("District Access Easement") 2. Maintenance Standards. A. For At Grade Surface Driveway Improvements. A compacted hard dirt surface condition for the at grade surface portions of the Driveway Easement constitutes the minimum rural standard necessary for the District's use. Any paving or other upgrading of the surface condition thereof by Kabcenell, as set forth on the Improvement Plans, is agreeable to the District,but is considered beyond that necessary for the District's use, and the District will not share in any costs in repairing, replacing or maintaining such upgraded improvements. "Required Maintenance" of at grade surface driveway improvements, for which costs will be shared as provided in Paragraph 1 above, includes all costs necessary to maintain the stability and integrity of the at grade surface portions of the Driveway Easement, excluding road surface upgrades beyond the minimum rural standard necessary for the District's use. Without limiting the generality of the foregoing, costs for the maintenance of drainage ditches, supporting structures, culverts and other improvements made by Kabcenell to protect the stability and irtegrity of the at grade surface portions of the Driveway Easement roadway at the minimum rural standard condition necessary for the District's use shall be shared by both parties as provided herein. Except as provided in Paragraph 8 ("Damage Caused by Negligence or Misconduct") and Paragraph 10 ("Indemnification") below, District shall not be required to share in the cost of maintaining any upgraded condition of at grade surface improvements of the Driveway Easement, which exceed the minimum rural standards thereof neces sary for the District use, and the costs thereof shall be borne exclusively by Kabcenell. 4 June 8, 2000 3:32 PM B. For Bridge Improvements Over Corte Madera Creek. As used herein, "Required Maintenance" for the Bridge improvements shall require the maintenance thereof in a clean.and safe operating condition, with all physical and structural portions thereof maintained in accordance with the standards,plans, Specifications and designs for original construction of such Bridge, as shown on the Improvement Plans, or as construction thereof may be further modified and approved by the District, Kabcenell and the Town of Portola Valley from time to time, reasonable wear and tear thereof excepted. C. "Required Maintenance" Dispute Resolution. Any disputes regarding what is "Required Maintenance" or what "Required Maintenance" costs are to be paid for by which parties shall be submitted to a pre-arbitration, non-binding mediation before a neutral mediator to be el s ected b both parties or appointed ed b a judge of the Santa a P ( PP Y J g Clara County Superior Court if the parties cannot agree) and then submitted for binding arbitration under Paragraph 20 below if not resolved by mediation. 3. Cost Sharing. The District and Kabcenell shall each contribute towards the payment of all costs of Required Maintenance in accordance with their respective Percentage Obligations therefor set forth in Paragraph 1 hereof. g 4. —Maintenance epance Notice. Whe n either the Dis trict or Kabcenell determines that all or any 1 PI Portion of the Bridge and Driveway Improvements needs Required Maintenance such pa rty shall give the other party written notice of such Required Maintenance, and indicate what such party believes to be the respective Percentage Obligations of each party for the total costs thereof. Such Maintenance Notice shall be dated and shall specify the nature and extent of the Required Maintenance and the portion or portions of the Bridge and Driveway Improvements to be affected by the maintenance. j 5. Repair Agreement. Within fifteen(15) business days following the date of giving (as "given" is defined in Paragraph 15) of the Maintenance Notice, the parties hereto shall agree on (a) the nature and extent of the Required Maintenance to be done, (b) the proportionate 5 June 8, 2000 3:32 PM share of the cost thereof which each party shall bear, and(c) the identity of the party who will cause the Required Maintenance to be done. If the parties cannot agree on what Required Maintenance is necessary or upon any matter connected therewith, then at the election of either party, such party shall have the right either(a) to cause such Required Maintenance to be done and pay for the cost thereof without contribution from the other party, or(b) submit the disputed matter(s) to arbitration in accordance with the provision concerning arbitration set forth below. If the disputed Required Maintenance is an emergency matter, then either party may go forward and cause such repairs to be done and determine later through arbitration any disputed matters with respect thereto and seek contribution from the other party in such arbitration. As used herein, repairs are an emergency matter if failure to do them sooner than an arbitration decision can practicably be rendered is reasonably certain to cause a significant exacerbation of the damages to the Bridge and/or Driveway Improvements, or is reasonably certain to render the Bridge and/or Driveway Improvements unavailable or unsafe for passage or use. 6. Payments. Each party with an obligation to pay a share of the cost of any Required Maintenance shall deliver payment to the party who caused such maintenance to be done within thirty (30) business days following receipt from such party of a request for payment, which request shall be accompanied by reasonably sufficient supporting documentation to show that the requested payment is due and payable to a supplier or contractor or other person performing the Required Maintenance. 7. Authority of Party Causing Maintenance to be Done. Each party authorized to cause Required Maintenance work to be done, together with the agents, contractors, representatives, and employees of such party, shall have the right to enter upon any and all portions of the Kabcenell Access Easement, the District Access Easement areas and such adjacent property as is reasonably necessary in connection with the doing of such Required Maintenance work authorized pursuant to this Agreement. Each such party shall have the right to do, or cause to be done, each and every portion of the Required Maintenance approved pursuant to this Agreement, including the right to enter into agreements related to 6 June 8, 2000 3:32 PM such maintenance work. The a causing party g such entry on an adjacent property area for Required Maintenance shall restore such area to the condition existing immediately prior to such entr y subject to the reasonable approval of the other party and any casts of such restoration shall be considered to be a part of the Required Maintenance and shall be shared in accordance with the provisions of this Agreement. 8. Damage Caused by Negf igence or Misconduct. Notwithstanding anything to the contrary contained in this Agreement, if any Required Maintenance is required by reason of the negligence or willful misconduct of either party hereto (the "Damage-Causing Party"), or any agent, representative,guest, invitee, relative, licensee, employee, or contractor of such party, then the Damage-Causing Party, at his,her, or its sole cost and expense, shall promptly make any and all Required Repairs necessary to restore such Bridge and Driveway Improvements to their condition immediately preceding such damage. 9. Insurance. A. Coverage. Each party shall maintain in full force and effect, with insurance companies with general policyholder's ratings of not less than "A+" and a financial rating of not less than "FSC V as rated in the most current available Best's Insurance Reports, licensed to do business in California, comprehensive general liability insurance policy or policies for personal injury and property damage, covering the Bridae and Driveway Improvements, in amounts of at least $2,000,000.00 per occurrence for personal injury and $500,000.00 per occurrence for property damage. Each such policy shall not be canceled or subject to a reduction in coverage except after thirty (30) days written notice to such other party. Each party shall timely provide the other with a current Certificate of Insurance. B. Waiver of Subrogation. As long as their respective insurers so permit, the parties each hereby waive any and all rights of recovery against the other for any loss or damage occasioned to such waiving party or its property or the property of others under its control to the extent that such loss or damage is insured against under any fire or extended coverage insurance policy which either may have in force at the time of such 7 June B, 2000 3:32 PM i loss or damage. Each party shall obtain any special endorsement, if required by their insurer, to evidence compliance with the aforementioned waiver. 10. Indemnification. District and Kabcenell agree that each of the parties hereto shall fully indemnify, defend and hold the other party, its officers, board members, directors, contractors, consultants, heirs, successors, assigns, employees and agents, harmless from any claim, suit, expense or cost, damage or liability(including reasonab le atto rneys' eys fees and court costs) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers,board members, directors, contractors, consultants, heirs, successors, assigns, employees and agents, under or in connection with or arising out of this Agreement. No party, nor any officer, board member, director, contractor, consultant, heir, successor, assign, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent or wrongful acts or omissions or willful misconduct of the other party hereto, their officers, board members, directors, contractors, consultants, heirs, successors, assigns, employees and agents, under or in connection with or arising out of this Agreement. If the liability arises due to the concurrent negligence of Kabcenell and District, each party shall contribute cost of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 11. Public Visitor Recreational Immunity. Any permission given by Kabcenell for entry by ; public recreational visitors on or over the Bridge or Driveway Improvements is given only for recreational purposes as defined in California Civil Code Section 846 and the owner of the Kabcenell Property gives no assurances to public recreational visitors that such premises are safe for such purposes, nor confers upon the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed, nor assumes responsibility for or incurs any liability for any injury to person or property caused by any act of such person to whom permission has been granted except as otherwise provided in said Section 846. It is the intent of this Paragraph to preserve for Kabcenells any and all recreational use and any other immunities provided for under Section 846 of the 8 June 8, 2000 3:32 2M California Civil Code and in Section 5075.4 of the California Public Resources Code and under any other applicable laws or statutes, now or hereafter in effect, eliminating or limiting Kabcenells' liability for, or providing immunity hfrom claim s against st Ka b cenells by third pdrties. It is also the intent of this Paragraph to preserve for District any"and all recreational use and any other immunities provided under California Government Code Sections 831.4 and 831.7 and under any other applicable laws or statutes, now or hereafter in effect, eliminating or limiting District's liability for, or providing immunity from, claims against District by third parties. This Paragraph is not intended to, nor shall it be construed to, limit, affect or restrict any rights of either party, or its, his, her or their officers,directors, agents or employees to assert any claims against the other party to which it may otherwise be entitled under this Agreement. 12. Term, The covenants and obligations set forth in this Agreement shall be perpetual and shall continue in full force and effect from the date of recordation hereof. 13. Covenants Run with Land. All of the provisions, agreements, rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective heirs, successors, assigns, devisees, administrators and representatives, and all other persons acquiring all or any portion of either the District Property or the Kabcenell Property.. All of the provisions of 1 this Agreement shall be covenants running with the land pursuant to any and all applicable laws, including, but not limited to, Section 1462 and 1468 of the Civil Code of the State of California. Each covenant to do or to refrain from doing some act on the Bridge and/or Driveway Improvements (a) is for the benefit of each party hereto, respectively, to the extent such act affects that portion of the Bridge and/or Driveway Improvements which a Party has a right to use or for which a Party has a financial responsibility under this Agreement, (b) runs with both the District Property and the Kabcenell Property, and (c) shall benefit or be bindingu successive on p owners of all or any portion of either the District Property and the Kabcenell Property. 9 June 8, 2000 3:32 PM 14. Transfer of Ownership. The rights and obligations conferred or imposed upon the parties hereto pursuant to this Agreement shall not be transferred or assigned to any other person or entity except together with the sale or assignment of a party's respective Property subject to this Agreement. Any party hereto transferring his, her, or its interest in such Property shall be released from all further obligations of this Agreement arising on or after the effective date of the sale, conveyance or transfer. Nothing contained in this Paragraph shall be construed to release any party hereto from obligations accruing prior to the date of the transfer or assignment. 15. Notice. All notices required or permitted by this Agreement shall be given in writing, and served by personal delivery by United States mail, by personal delivery service, or by facsimile transmission with written confirmation of sending and receipt. Notices by personal delivery shall be deemed given when received. Notices by facsimile shall be deemed given the first regular business day following facsimile transmission. Notices by United States mail shall be deemed given the second business day following mailing. Notices shall be faxed to the facsimile numbers, or addressed to the addresses set forth with the signature block of each party below, but any party may change his or her addresses by giving written notice thereof to the other party in accordance with the provisions of this Paragraph. 16. Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between any of the parties hereto, nor shall this Agreement cause the parties hereto to be considered or deemed to be joint venturers or members of any joint enterprise. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in or for the benefit f n o a person wh P Y oisn rY g of a a y p party hereto, except as otherwise expressly provided to the contrary in this Agreement. 17. No Third Party Rights. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties to this Agreement and their respective 10 June 8, 2000 3:32 PM I successors and assigns, any rights or remedies, as third party beneficiaries or otherwise, under or by reason of this Agreement. 18. Termination and Amendment. This Agreement may be terminated, changed, modified or amended, in whole or in part, only by a written and recorded instrument executed by all of the then Owners of record of the District Property and Kabcenell Property. 19. Approvals. Unless otherwise herein provided, whenever approval is required by any party hereto, such approval shall not be unreasonably withheld or delayed. Unless provision is made for any specific time period, any approval required or permitted hereby shall be deemed given within thirty (30) days of the receipt of the request for approval, and if a party shall neither approve nor disapprove within such thirty (30) day period, such party shall be deemed to have given its approval. If a party refuses to give any requested approval, the reasons for such refusal shall be stated in writing to the requesting party, within such thirty (30) day period. 20. Severability. The invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order, shall in no way affect any of the other provisions hereof, or the application thereof to any other person, and the same shall remain in full force and effect to the maximum extent possible. 21. Arbitration. Any dispute or claim in law or equity arising out of this Agreement or any resulting transaction, including, without limitation, any dispute or claim concerning (a) the meaning of this Agreement or(b) the cost, liability for, timing and extent of any Required Maintenance on the Bridge and Driveway Improvements, shall be decided in the County of Santa Clara, California by neutral binding and non-appealable arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Conduct of the arbitration procedures shall be governed by California Code of Civil Procedure Section 1280 et seq. 11 June 8, 2000 3:32 PM ' I 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. YOU ARE GIVING UP ANY RIGHTS YOU MIGHT HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIA L RIGHTS TO DISCOVERY AND APPEAL UNLES S TH OSE SE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. District Initial Kabcenell Initial 22. Attorneys' Fees. If any parties hereto shall bring any arbitration proceeding or any action or legal proceeding for an alleged breach of any provision of this Agreement or to enforce, protect or establish any term or covenant of this Agreement, the prevailing party(ies) shall be entitled to recover as a part of such action or proceeding, or in a separate action brought for that purpose, reasonable attorneys' fees, arbitration costs, court costs, and expert fees as may be fixed by the arbitrators or the court. "Prevailing party" as used in this Paragraph ipcludes a party who dismisses an action for recovery hereunder in exchange for sums allegedly due, performance of covenants allegedly breached or considerations substantially equal to the relief sought in the action. 23. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. 24. Abrogation of Existing Right. To the extent that the provisions of this Agreement are in addition to or expressly contrary to the provisions of other agreements and easements between the parties hereto, the provisions of this Agreement shall be controlling. In all 12 June 8, 2000 3:32 PM other respects, the provisions of said other agreements and easements shall continue in full force and effect and shall not be abrogated or modified by the provisions of this Agreement. 25. Time of Essence. Time is of the'essence of each provision of this Agreement in which time is an element. Timely shall mean a reasonable time under all the circumstances. 26. 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. 27. Miscellaneous. A. Exhibits; Entire Agreement. All exhibits attached hereto are incorporated by this reference as if fully set forth herein. This Agreement, the exhibits and attachments hereto, constitute the entire agreement among the parties hereto relative to the maintenance and repair of the Bridge and Driveway Improvements. B. Condition Precedent. The obligations of the parties hereto with regard to the maintenance and repair of the Bridge and Driveway Improvements are contingent on such Bridge and Driveway Improvements being constructed substantially in conformity with the Improvement Plans. C. Initial Construction of Bridge and Driveway Improvements. Except for the cost of constructing the District's driveway connection, if any, for which the District shall pay all costs of design and construction, Kabcenell shall design, construct and pay the entire cost of the design and construction of the Bridge and Driveway Improvements, and the District shall have no obligation to pay for any of the costs of design or construction of such Bridge and Driveway Improvements. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date and year first above written. llt 13 June B, 2000 3:32 PM I "DISTRICT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022-1404 Fax: 650-691-0485 Tel: 650-691-1200 Approved as to Form: By: Date: Susan M. Schectman General Counsel Recommended for Approval: BY: Date: L. Craig Britton General Manager Approved and Accepted: By: Date: Kenneth C. Nitz President, Board of Directors Attest: By: Date: Deidre Dolan District Clerk 14 June B, 2000 3:32 PM "Kabcenell" 557 Cresta Vista Lane Portola Valley, CA 94028 Fax: 650-854-8170 Tel: 650-854-7170 The Kabcenell Family Trust dated 9/27/89 By: DIRK A. KABCENELL, TRUSTEE By: CHARLENE C. KABCENELL, TRUSTEE With a copy to: Kent Mitchell, Esq. MITCHELL & HERZOG 550 Hamilton Ave., #230 Palo Alto, CA 94301 Fax: 650-327-7994 Tel: 650-327-7476 15 June 9, 2000 11:22 AM EXHIBIT "All DISTRICT PROPERTY PARCEL 1,-as shown on that certain Parcel Ma entit led p Parcel Map, being a division of land described in Dee d recorded in Book 4416, Official Records, Page 452, filed January 27, 1981, in Book 50 of Parcel Maps, Pages 7 9 throu gh h 84 P San g Mateo 8 County Records, excluding therefrom that PORTION OF PARCEL 1, as shown on that certain map entitled "PARCEL MAP OF CORTE MADERA", which map was filed in the office of the Recorder of the County of San Mateo, State of California, on January 27,1981 in Book 50 of Parcel Maps at pages 79 through 84, more particularly described as follows: BEGINNING at a point in the general Southerly boundary line of said Parcel 1, said point being the Southerly terminus of course No. 174, which course has a bearing of South 270 05'40" West and a distance of 124.25 feet; thence from said Point of Beginning along the general Southerly boundary line of said Parcel 1, South 420 11 '40' West 96.49; thence South 190 02'40" West 76.00 feet; thence South 390 28'40" West 83.93 feet; thence South51 o 05'40" West 37.67 feet; thence North 170 36'20' West 168.53 feet; thence North 000 53 40r East 128.21 feet; thence North 81012' 41' West 173.62 feet; thence South 860 17' 19" West 122.52 feet; thence North 660 27' 41" West 153.31 feet; thence North 850 12'41' West 90.41 feet; thence North 320 57'41" West 183.45 feet; thence North 840 27'41" West 152.00 feet; thence South 870 02' 19" West 109.04 feet; thence leaving said Southerly boundary line, North 1' 00' 00" East 659.39 feet; thence South 750 38' 16' East 509.27 feet; thence North 200 25' 32" East 415.31 feet; thence South 550 53' 14" East 688.49 feet; thence South 370 14' 04' West 720.28 feet; thence South 500 00' 00" East 420.00 feel tq the Point of Beginning. 16 June 8, 2000 3:32 PM EXHIBIT "B" KABCENELL PROPERTY PORTION OF PARCEL 1, as shown on that certain map entitled "PARCEL MAP OF CORTE MADERA", which map was filed in the office of the Recorder of the County of San Mateo, State of California, on-January 27,1981 in Book 50 of Parcel Maps at pages 79 through 84, more particularly described as follows: BEGINNING at a point in the general Southerly boundary line of said Parcel 1, said point being the Southerly terminus of course No. 174, which course has a bearing of South 270 05,40" West and a distance of 124.25 feet; thence from said Point of Beginning along the general Southerly boundary line of said Parcel 1, South 420 1 F 40' West 96.49; thence South 190 02'40" West 76.00 feet; thence South 390 28'40' West 83.93 feet; thence South 51' 05'40" West 37.67 feet; thence North 170 36' 20" West 168.53 feet; thence North 000 53'40" East 128.21 feet; thence North 81 °12' 41" West 173.62 feet; thence South 860 17' 19' West 122.52 feet; thence North 660 27'41" West 153.31 feet; thence North 850 12' 41' West 90.41 feet; thence North 32' 57'41" West 183.45 feet; thence North 840 27'41" West 152.00 feet; thence South 870 02' 19" West 109.04 feet; thence leaving said Southerly boundary line, North 1° 00' 00" East 659.39 feet; thence South 750 38' 16' East 509.27 feet; thence North 200 25' 32' East 415.31 feet; thence South 55' 53' 14" East 688.49 feet; thence South 370 14' 04" West 720.28 feet; thence South 500 00' 00" East 420.00 feet to the Point of Beginning. containing 20.01 Acres,more or less. 17 June 8, 2000 3:32 PM PERMIT TO ENTER This Permit is entered into by and between the Midpeninsula Regional Open Space District, a public District(hereinafter"DISTRICT"), Dirk A. and Charlene C. Kabcenell (hereinafter PERMITTEES) and such listed CONTRACTOR and CONSULTANTS who have executed this Permit as set forth in Exhibit A, attached hereto and incorporated herein by this reference, as such list may be amended from time to time by DISTRICT'S General Manager. As used herein, CONTRACTOR and CONSULTANTS include, without limitation, their officers, employees and agents, as well as their subcontractors and subcontractors' officers, employees and agents. The parties hereby agree as follows: 1.0 Property Solely on the terms and conditions set out herein, DISTRICT hereby grants PERMITTEES, CONTRACTOR and CONSULTANTS,permission to enter a portion of Windy Hill Open Space Preserve (hereinafter the "Preserve") located in the Town of Portola Valley, San Mateo County, as more particularly shown on Exhibit B, attached hereto and incorporated herein by this reference. Access to the Preserve shall be via Portola Road(Access Point#1) and Alpine Road (Access Point#2) as more specifically shown on Exhibit B and conditioned herein. 2.0 Purpose This Permit to Enter is for the purpose of providing PERMITTEES, CONTRACTOR and CONSULTANTS, access to the Windy Hill Open Space Preserve to construct a bridge and a gravel-surfaced roadway, including underground utility lines, extending from Alpine Road, near Willowbrook Drive, to the adjacent private property of PERMITTEES, more commonly known as San Mateo Assessors' Parcel Number 076-340-080. The work authorized is as described in the plans on file with the DISTRICT and as such plans may from time to time be properly and lawfully amended and approved by DISTRICT. Generally, the work includes the following elements and shall hereafter be referred to as the "Project": 2.1. Creation of three (3) staging areas for the storage of equipment and materials to be used during construction, as shown on the"Kabcenell Driveway Exhibit," prepared by CONSULTANT Freyer& Laureta, Inc., dated May 17, 2000, attached hereto and incorporated herein by reference as Exhibit C and on file with DISTRICT. Each staging area will be created by removing minor vegetation, protecting any significant vegetation by fencing it off, stockpiling topsoil from the impacted area to be used during restoration, and securing the g stag in areas with fencing. 2.2. Construction of a bridge, as shown on the "Kabcenell Bridge," prepared by Hobach-Lewin, Inc., Structural Engineers, and dated April 19, 2000, and a gravel- surfaced driveway following an alignment from Alpine Road to PERMITTEES' private property as shown on the"Kabcenell Driveway Exhibit". The work includes clearing and trimming of vegetation, excavating and transporting soil, grading and compacting soil and gravel to construct the roadway, installation of June 9, 2000 11:07 AM Permit to Enter Page 2 drainage facilities and retaining walls,placement of utilities and construction of a 100-foot long, steel and concrete supported and wood decked bridge. Y 2.3. Restoration of the banks of Corte Madera Creek(herein, the "Creek") in accordance with the creek bank restoration plan prepared by CONSULTANT Philip Williams &Associates, dated November, 1999 and approved by the California Department of Fish and Game as Streambed Alteration Agreement Notification Number 1304-99 and on file with DISTRICT. 2.4. Restoration of the staging areas and any disturbed areas surrounding the roadway through the Preserve in accordance with the restoration plan prepared by CONSULTANT Biotic Resources Group, dated April, 2000 and on file with DISTRICT. 2.5. Performance of all other requirements of the Site Development Permit and related environmental documentation including the Kabcenell Driveway Preliminary Draft Initial Study/Environmental Documentation,prepared by LSA Associates, Inc. and dated January 11, 2000 and the Final Environmental Documentation approved by the Town of Portola Valley on March 1, 2000 and as more specifically directed by the Town of Portola Valley by letter dated March 7, 2000, all on file with District and all of which are incorporated herein by reference 3.0 Project Conditions 3.1. CONTRACTOR and PERMITTEES shall be responsible for obtaining all necessary government permits and approvals and for following all applicable procedures. Copies of all permits shall be provided to DISTRICT at least forty- eight (48)hours prior to starting work on the site under such permit. 3.2. CONTRACTOR and CONSULTANTS shall be responsible for providing proof of required insurance coverage, as more specifically set forth in Section 7.0 below, to DISTRICT prior to starting work on the Project. 3.3. CONTRACTOR shall notify DISTRICT at least one week prior to commencement of any work hereunder and shall meet with DISTRICT Representative(s) on-site at a Pre-Construction Meeting. DISTRICT shall issue a Notice to Proceed after a determination by DISTRICT Representative that Project Conditions 3.1. and 3.2. above have been satisfied. In no event. shall work be in prior to issuance of the DISTRICT'S written Notice to Proceed, which Notice shall not be unreasonably withheld or delayed. 3.4. CONTRACTOR shall provide DISTRICT with a written schedule of operations and notify DISTRICT, in writing, of any material changes in the schedule. June 9, 2000 11:07 AM Permit to Enter Page 3 3.5. Equipment and vehicle parking and the storage of materials related to the construction activities shall be limited to the staging areas identified on the "Kabcenell Driveway Exhibit". 4 3.6. Except as otherwise set forth in this paragraph, all trees to be removed shall be marked by CONTRACTOR and approved prior to removal by a DISTRICT Representative. Significant trees (defined as those greater than 5" in diameter at breast height) that were identified for removal on said "Kabcenell Driveway Exhibit"may be removed without further approval by DISTRICT Representative 3.7. All trees to be trimmed shall be identified by CONTRACTOR. All trimming shall require written authorization by DISTRICT prior to the work being conducted. CONTRACTOR will be responsible for trimming trees and disposing of the cut material to the satisfaction of a DISTRICT Representative. Limb cuts shall be flush with the branch collar of the adjoining limbs or the main trunk of the tree in accordance with the International Society of Arborists procedures. 3.8. All excavation and clearing around tree root systems shall stay out of the drip line of trees to the maximum extent feasible and in accordance with DISTRICT Representative requirements. 3.9. DISTRICT shall provide PERMITTEES, CONTRACTOR and CONSULTANTS with a lock combination for access to the gates at the Portola Road and Alpine Road entries to the Preserve. 3.10. The Portola Road entrance shall be utilized as the primary entrance to the Project site during construction, until such time as the bridge is completed and a passable route is rough-graded and capable of vehicle traffic to the private property. At that time, all construction traffic shall use the Alpine Road entrance and the access from Portola Road shall be restored to a condition equal to, or better than its original condition. 3.11. CONTRACTOR and CONSULTANTS shall leave their private vehicles in the DISTRICT'S Windy Hill Parking Lot on Portola Road as much as is practical. The total number of private vehicles left at any one time in the parking lot shall not exceed 5 vehicles and no single vehicle shall exceed 10,000 pounds gross weight. Workers shall, in good faith, use their best efforts to carpool to the Project site from the parking area to minimize vehicle traffic within the Preserve. 3.12. CONTRACTOR shall be responsible for keeping dust to a minimum,particularly on the Spring Ridge Trail behind The Sequoias. When regularly used for vehicle access, CONTRACTOR shall water the access roads and trails to minimize airborne dust. DISTRICT Representative may direct such additional watering as is reasonably necessary. June 9, 2000 11:07AM Permit to Enter Page 4 3.13. CONTRACTOR and CONSULTANTS shall be responsible for the compliance of their employees, their subcontractors and subcontractor's employees and delivery drivers operating vehicles within the Preserve with the Preserve speed limit of 15 miles per hour. The DISTRICT may issue citations to violators. Preserve visitors, whether pedestrian, equestrian or cycling, have the right-of-way. Drivers shall approach visitors slowly, passing only when the visitors have moved from the roadway. 3.14. If necessary, CONTRACTOR may utilize the "Temporary I-Beam Route" along the perimeter of the Portola Road meadow, as shown on Exhibit B, to transport the steel beams for bridge construction. A DISTRICT Representative shall be notified at least 48 hours prior to use of the Temporary I-Beam Route. In the event mowing is required, spotters will be provided by CONTRACTOR to observe the mower as it travels across dry grass to ensure against fire. In the event a spark ignites the grass, spotters will immediately douse the fire area using either an extinguisher or water. Any damage to the meadow area shall be remediated promptly, as directed by DISTRICT Representative, and any fencing or other DISTRICT property moved or damaged shall be restored to its condition immediately preceding use of the Temporary I-Beam Route. 3.15. Heavy equipment or vehicles shall not be allowed in the creek except for bridge abutment and bank stabilization work on the west side of the Creek. Such activities shall fully comply with all conditions of the Streambed Alteration Agreement between PERMITTEES and the California Department of Fish and Game. 3.16. No vehicle access shall be allowed during wet weather conditions and a minimum of one week of dry weather is required following any significant rainfall (defined as 1/4 inch or greater in a 24 hour period) prior to resumption of vehicle access unless otherwise specifically approved in writing by the DISTRICT Representative. 3.17. If necessary, CONTRACTOR may transport such construction equipment as is approved in writing by DISTRICT Representative along the temporary route identified as "Temporary Equipment Route" on Exhibit B for the purpose of constructing portions of the driveway on the Kabcenell property. A DISTRICT Representative shall be notified at least 48 hours prior to any use of this temporary route. In the event mowing is required, spotters will be provided by CONTRACTOR to observe the mower as it travels across dry grass to ensure against fire. In the event a spark ignites the grass, spotters will immediately douse the fire area using either an extinguisher or water. Any damage to the area of the Temporary Equipment Route shall be remediated promptly, as directed by DISTRICT Representative, and any DISTRICT property damaged shall be June 9, 2000 11:07 AM Permit to Enter Page 5 restored to its condition immediately preceding use of such Temporary Equipment Route. 3.18. CONTRACTOR and CONSULTANT work hours shall be limited to Monday through Friday, 8:00'a.m. to 5:00 p.m., unless changes in the days or times are approved in writing by the Town Engineer, the Administrator of The Sequoias, and a DISTRICT Representative. Vehicle access to the site is limited to Monday through Friday, 8:00 a.m. to 5:00 p.m. Foot traffic on the site is allowed from sunrise until one-half hour after sunset. 3.19. CONTRACTOR shall be responsible for moving any Preserve signing that may be impacted by the construction process to appropriate locations as designated by DISTRICT Representatives and properly replacing such signs at the conclusion of the Project. 3.20. The Alpine Road entrance to the Preserve shall remain closed to all public access during construction, including evenings and weekends. CONTRACTOR shall be responsible for providing spotters to direct the public away from the closed construction area during work hours. The public trail, designated "Public Trail" on Exhibit B, shall remain open at all times during construction except if closed at the direction of District Representative. 3.21. DISTRICT will be responsible for installing and maintaining signs at all key Preserve access points to inform the public about the construction project. DISTRICT shall place and maintain "Area Closed"signs at key points on the perimeter of the work areas. 3.22. CONTRACTOR shall be responsible for installing temporary barriers and fences, and taking other necessary measures to protect the public from any injury or damage resulting from the construction activities. CONTRACTOR shall install such additional fencing as is needed to secure the site when construction areas are unattended. 3.23. CONTRACTOR shall be responsible for restoring or remediating any damage to the Preserve to a condition equal to, or better than, the original condition of the area, including all roads, trails and meadow areas utilized during construction. Upon conclusion of the Project, the Project site shall be cleaned and restored to a condition equal to, or better than, the original condition of the site. 3.24. CONTRACTOR shall notify a DISTRICT Representative upon completion of all work and arrange for a site inspection before vacating the site. 3.25. A copy of this permit shall be available on site at all times that the work is taking place. June 9, 2000 11:07AM Permit to Enter Page 6 4.0 Term The Term of this Permit to Enter shall commence on June 15, 2000, and shall expire at 5:00 p.m. on October 13, 2000 for construction activities related to the bridge footings, any in-creek construction and creek bank stabilization and restoration. For all other purposes,this Permit to Enter shall otherwise expire at 5:00 p.m. on November 15, 2000. 5.0 Notice 5.1. Any notice or notices required or permitted to be given pursuant to this Permit to Enter to PERMITTEES or DISTRICT may be personally served on such party by the party giving notice, or may be served by U.S. mail to the following addresses: DISTRICT John Cahill, Open Space Planner 11 REPRESENTATIVE (1): 330 Distel Circle Los Altos, CA 94022-1404 (650) 691-1200 (650) 691-0485 (FAX) DISTRICT David Sanguinetti, Area Superintendent REPRESENTATIVE (2): 330 Distel Circle Los Altos, CA 94022-1404 (650) 949-1848 (650) 949-1781 (FAX) PERMITTEES: Dirk A. and Charlene C. Kabcenell 557 Cresta Vista Lane Portola Valley, CA 94028 (650) 854-7170 (650) 854-8170 (FAX) 5.2. Any notice or notices required or permitted to be given pursuant to this Permit to Enter to CONTRACTOR or CONSULTANTS may be personally served on such party by the party giving such notice, or may be served by U.S. mail to the address following their signature in Exhibit A hereof. 6.0 Indemnification and Release of Liability 6.1 CONTRACTOR, CONSULTANTS for their respective activities hereunder, and PERMITTEES agree that the use of equipment and tools on the property of DISTRICT shall be effected with competence, reasonable diligence and sufficient precautions to avoid damage to each other, to the land, property, or personnel of DISTRICT and to the public. 6.2 CONTRACTOR, CONSULTANTS for their respective activities hereunder, and PERMITTEES agree to indemnify, hold harmless, defend and protect the June 9, 2000 11:13 AM Permit to Enter Page 7 DISTRICT, its officers, directors, agents and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses, (including reasonable attorney's fees), penalties,judgements or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary, or monetary loss that results from, arises out of, or in any way relates to the activities of CONTRACTOR, CONSULTANTS or PERMITTEES under this permit. 6.3 CONTRACTOR, CONSULTANTS and PERMITTEES hereby waive all claims and recourse against DISTRICT, including the right of contribution for loss or damage to property, and releases DISTRICT from any liability related to or in any way connected to CONTRACTOR'S, CONSULTANTS'and PERMITTEES' activities or CONTRACTOR'S, CONSULTANTS' and PERMITTEES' use of the project site, premises, Preserve, or facilities pursuant to this Permit to Enter. 6.4 CONTRACTOR, CONSULTANTS and PERMITTEES shall have sole responsibility for the safeguard of their equipment, property, and personnel from any and all injury, death, or damage. 7.0 Insurance 7.1 Throughout the term of this Permit, CONTRACTOR and CONSULTANTS, at their sole cost and expense, shall each maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage arising out of their respective activities pursuant to this Pen-nit to Enter. Limits for CONTRACTOR shall be not less than $2,000,000.00 per occurrence for bodily injury and $500,000.00 per occurrence for property damage. Limits for CONSULTANTS shall be not less than 1,000,000.00 per occurrence for bodily injury and $500,000.00 per occurrence for property damage. This permit is not valid witho;dt CONTRACTOR'S and CONSULTANTS' insurance in effect as required herein. The policy or policies shall name DISTRICT as an additional insured and a certificate to that effect shall be delivered to DISTRICT prior to commencement of Project. 7.2 Throughout the term of this agreement, CONTRACTOR and CONSULTANTS, at their sole cost and expense, shall each maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. 7.3 Such insurance policies shall not be canceled or materially changed without thirty (30) days' advance written notice to DISTRICT at the address shown in Section 5.1 hereof. 8.0 Amendment and Modification June 9, 2000 11:07AM Permit to Enter Page 8 This Permit to Enter may be amended or modified only in a writing signed by the General Manager of DISTRICT. The General Manager may amend Permits to Enter to extend expiration dates or make other minor amendments to this Permit as is reasonably necessary. 9.0 Cancellation This Permit To Enter may be canceled by DISTRICT upon 24 hours' notice to PERMITTEES upon breach of any condition of this Permit to Enter. In the event of such cancellation, DISTRICT shall bear no liability therefore. This Permit to Enter has been read and understood and is hereby agreed to and accepted. This Permit to Enter may be executed in multiple counterparts with all originals to be on file with DISTRICT. ill lII Ill 1H HI June 9, 2000 11:07AM Permit to Enter Page 9 PERMITTEES, DIRK A. AND CHARLENE C. KABCENELL Date Dirk A. Kabcenell Date Charlene C. Kabcenell June 9, 2000 11:Q7 AM ,III Permit to Enter Page 10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date L. Craig Britton General Manager Approved as to form: By: Date Sue Schectman General Counsel June 9, 2000 11:07 AM Permit to Enter Page 11 EXHIBIT A By signing below, each party performing work for PERMITTEES under this Permit to Enter acknowledges having received a copy of this Permit to Enter, having read and understood such Permit to Enter and agrees to be bound and to abide b all restrictions and perform all co nditions ondition s Y p as set forth herein, as such may be either specifically applicable to that party or as are generally applicable to all parties. CONTRACTOR: dated: Peter Anderson Anderson Pacific Engineering Construction, Inc. 1390 Norman Avenue Santa Clara, CA 95054 (408) 970-9900 (408) 970-9975 (FAX) CONSULTANT: dated: Richard Laureta, P.E. Freyer& Laureta, Inc. 2050 Pioneer Court, 2nd Floor San Mateo, CA 94403 (650) 349-0803 (650) 349-0885 (FAX) CONSULTANT: dated: Denis Ruttenberg Phillip Williams & Associates 770 Tamalpais Drive, Suite 401 Corte Madera, CA 94925 (415) 945-0600 (415) 945-0606 (FAX) June 9, 2000 11:07 AM Permit to Enter Page 12 CONSULTANT: dated: Peter C. Anderson Pacific Geotechnical Engineering 16055-D Caputo Drive Morgan Hill, CA 95037 (408) 778-2818 (408) 779-6879 (FAX) CONSULTANT: dated: Kathy Lyon Biotic Resources Group P.O. Box 14 Santa Cruz, CA 95063-0014 (831)476-4803 (831) 476-8038 (FAX) CONSULTANT: dated: Robert Stoecker Stoecker&Northway 437 Lytton Avenue Palo Alto, CA 94301 (650) 327-7070 (650) 327-9659 (FAX) June 9, 2000 11:07AM Regional Open '. ice R-00-65 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-15 June 14,2000 AGENDA ITEM 3 _ AGENDA ITEM Approval of an Agreement with The McKinney Family Trust to Relocate an Easement for Underground Utilities Over a Portion of Windy Hill Open Space Preserve r v ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are exempt fro e California Environmental Quality Act(CEQA)as set out in this report. 2. Adopt the attached Resolution authorizing the President of the Board to execute the Agreement for Quitclaim of Easement and Grant of Electric Utility,Communications and Water Easement in favor of The McKinney Family Trust. 3. Authorize the General Manager to execute the attached design review response letter dated June 4, 2000, approving construction plans and Easement Remediation and Environmental Protection Plan. BACKGROUND The McKinneys,who own an inholding at Windy Hill Open Space Preserve,are requesting to change the location of a utility easement across District land. The McKinney residential parcel is a 23-acre parcel surrounded by Windy Hill Open Space Preserve,west of Corte Madera Creek and immediately south of the Lauriston Road bridge. The property and easement were created in 1998 when Peninsula Open Space Trust(POST)transferred the 173-acre former Corte Madera property to the District. The transaction included a lot line adjustment and sale of the 23-acre parcel to the McKinneys,who had been preparing conceptual plans for residential development in consultation with POST and District staff(see report R- 98-25). The residential site included development restrictions, a conservation easement, and easements for access and utilities listed below: • Water tank easement located in close proximity to the McKinney parcel. • Ingress and egress over Lauriston and Old Ranch Roads between Alpine Road and Skyline Boulevard. 0 Water well and pipeline easements between the parcel and west portion of the former Corte Madera property. • Electric utility easement(hereinafter referred to as"Original Easement")on an old roadbed located along the east perimeter of the property,which was reserved by the District for a planned trail alignment. The agreement permits electrical utilities to be routed from Lauriston Road, across District property paralleling Corte Madera Creek, and onto the residential site. i The 1998 transfer agreement,when the McKinney's acquired the land,requires the District to"cooperate with and take all actions necessary to assist POST in fulfilling POST's obligations under the terms of the agreements between POST and the McKinneys." Since the acquisition took place,the property owners have been working with the Town of Portola Valley and District staff in obtaining the necessary approvals to begin construction. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX: 650-691-0485 . E-mail: mrosd@o[)enspace.org . Web site:www.ol)enspace.org � Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz + Genera/Manager:I..Craig Britton R-00-64 Page 2 DISCUSSION In 1999,plans for the water tank site,above the McKinney's residential parcel,were submitted and approved by District staff,and initial plans for constructing the electrical lines within the Original Easement were presented for staff review. These plans included two power poles and a small structure housing electrical equipment to be located near the Hamms Gulch trailhead; the lines would then be underground along the course of the Original Easement. The alignment of the Original Easement is shown on the attached Exhibit 1. The easement agreement allows for trenching across District land in order to construct the utility service. At the same time that initial plans for electrical service were being prepared,the property owner explored an alternative source for domestic water to be installed along Alpine Road, lower Lauriston Road and the course of the Original Easement. The Town of Portola Valley subsequently rejected the plan to utilize the Original Easement for both electrical and water service due to major problems associated with recent landslides in a number of places along the old roadbed. District staff has confirmed that the landslides make both the utility installation and future trail alignment extremely difficult. Following the Town's determination and after further site investigation,the property owner requested the District consider a realignment of the electrical easement and expansion of use to include an underground water line as shown on Exhibit 1 and the proposed Electric Utility,Communications and Water Easement, attached as Exhibit 2, and hereinafter referred to as"Revised Easement". District staff is supporting the proposed realignment of the easement because it achieves the following goals: • The length of the Revised Easement is approximately 800 feet shorter,or less than one-half the distance,of the Original Easement and will not disturb the landslide areas along the old roadbed. • The project includes undergrounding water and utility service from Alpine Road,thereby eliminating the power poles and electrical building that was planned near the Hamm's Gulch trailhead. • The Revised Easement alignment allows boring rather than trenching for the service,thereby causing less impact to the environment during construction and a decreased chance of erosion on the alignment. Boring has minimal impact on tree roots compared to trenching. • Adding domestic water service from Alpine Road will reduce the amount of water required to be provided from the upper well sites on District land and may prevent the need to drill future wells on District land as provided by the existing easements. Original Easement to be Transferred back to the District As part of the proposed easement revision,the Original Easement will be quitclaimed back to the District. This Original Easement is approximately 1,310 feet Jong,beginning at the sharp turn of Lauriston Road just south of the Lauriston bridge. The alignment follows an old roadbed paralleling the eastern border of the McKinney property for approximately 1,210 feet,then turns uphill and onto the McKinney site. The area is characterized by heavy vegetation and trees. Significant to the alignment are the multiple landslides that have washed out the roadbed in a number of places. The utility service was to be installed by construction of a trench,and allows for inclusion of electrical power,telephone and cable television. The easement includes the approval to install two power poles with overhead lines, and a 12-foot by 17- foot equipment building. The equipment building would have been located at the turn of Lauriston Road, visible from Hamm's Gulch Trail. I R-00-64 Page 3 Revised Easement to be Granted to McKinneys The Revised Easement will be approximately 500 feet in length,beginning at the turn of Lauriston Road just south of the Lauriston bridge, and immediately travel uphill onto the McKinney property. The area is characterized by the same heavy vegetation and trees,but is geologically more stable compared to the Original Easement alignment. Staffs review of the new service is based upon completed plans submitted to the District on June 7, 2000(see Exhibit 3). The service will be installed with a boring process, as opposed to trenching. The boring will install six pipes which will carry water,electrical power,telephone and cable television lines. The area covered by the easement would be reduced to the most narrow area possible encompassing the six pipes. The total easement area will cover no more than 8,500 square feet, less than half of the area covered by the Original Easement. There would be an above-ground motor control center box and water backflow preventer at the bottom of the hillside. The motor control center will be a small metal box approximately 3 feet high and 2.5 feet wide, located near the pump vault. The backflow preventer will be an above-ground pipe covered by a protective cage approximately 2 feet high and 2.5 feet wide. These would be the only above-ground improvements for the easement,and would be painted in non-reflective earthtone colors. The attached Exhibit 3 shows a detailed plan of the alignment, staging areas, and location of the pump vault,MCC,and backflow preventer. ENVIRONMENTAL SAFETY The boring construction method will require temporary staging areas and a temporary access road over District land,but overall will have less environmental impact on District lands compared to trenching. The work is performed by a boring machine positioned at the top of the hill and the boring directed downhill. The length of the easement will require two boring stations. The first would be on the McKinney property,and the second would be mid-way down from the McKinney property. The process would also require a staging area at the bottom of the hill. The mid-way staging area would require an access road for the boring machine to be brought into position. This access road would be along an existing old roadbed. The access road,mid-way and bottom staging areas are temporary. The attached Exhibit 3 indicates the locations of these areas. District staff has reviewed and approved the sites. The areas would be returned to their prior condition after construction, including clean-up and reseeding as necessary. Although boring is less damaging to the environment compared to trenching,the work will require clearing vegetation for the mid-way pull box, staging areas,and the access road. The machine uses water and common clay for boring which must be dried after use. Staff has incorporated environmental protections into the design approval for the work,as detailed in the attached letter(see Exhibit 4). A summary of the environmental protections to be followed during the construction activity are as follows: • Remediation and revegetation of all affected District land to be completed prior to February 1, 2001. • Temporary hay-bale protection dams downhill of the staging areas to contain any water/clay spills. • Any water,dirt or clay mixture to be managed or dried will be processed at a location off District land. • Coordination and consulting with the Town of Portola Valley,District staff,and any other responsible agencies. • Replacement of any damaged or destroyed vegetation. I I I I R-00-64 Page 4 CEQA COMPLIANCE Project Description The project consists of granting to a private property owner an approximate 500-foot utility and water easement over District land in exchange for accepting a quitclaim to nearby electrical utility easement that is approximately 1,310 feet in length. The underlying fee to both easement areas has been dedicated as public open space. In addition,the project includes the subsequent construction of water, electrical and communication service to be installed underground within the new easement area and installation of two small accessory structures above ground that contain mechanical equipment related to the service lines. CEQA DETERMINATION The District concludes that the project will not have a significant effect on the environment. The project is categorically exempt from the California Environmental Quality Act under Sections 15301 and 15317 of the CEQA Guidelines. Section 15301 exempts the operation,repair,maintenance,permitting, leasing, licensing or minor alteration of existing public or private structures, facilities,mechanical equipment,or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The relocation and expansion of the existing utility easement and subsequent construction of underground water, electrical and communication service lines and placement of two small structures containing mechanical devices above ground is considered a minor alteration to the land. Section 15317 exempts the acceptance of easements in order to maintain the open space character of an area. The acceptance of a quitclaim for an electrical utility easement will result in maintaining the current open space character of the area. TERMS AND CONDITIONS As part of the proposed easement exchange,the McKinneys have agreed to the following: 1. Quitclaim of the Original Easement within the Windy Hill Open Space Preserve. 2. Restoration of any District land impacted by the construction work. This will be done with erosion control and revegetation with native plants. 3. Performance of mitigation measures as outlined in the Design Review Response letter dated June 14, 2000(see Exhibit 4). 4. Include District staff in preconstruction meetings,and a final inspection prior to vacating the site. 5. Exercise care during construction and keep District lands free from debris and surplus materials. 6. Assume liability and provide insurance for the construction project. In exchange,District would convey the shorter, less intensive,Electric Utility, Communications and Water Easement within the Windy Hill Open Space Preserve. Since the rights to be exchanged involve land that has been formerly dedicated as public open space land, a unanimous vote of the Board is required. The Board must also make a finding,which is contained in the resolution,that the exchange is equal value and the action is not detrimental to the open space character of the preserve. R-00-64 Page 5 LIST OF ATTACHMENTS Exhibit 1: Windy Hill Open Space Preserve—McKinney Easement Revision Exhibit 2: Agreement for Quitclaim of Easement and Grant of Electric Utility and Water Easement Exhibit 3: Completed Plans submitted June 7,2000 Exhibit 4: Design Review Response Letter dated June 14,2000 Prepared by: Thomas W. Fischer, Land Protection Specialist Graphics prepared by: Dennis Dart,Planning Technician Contact person: Thomas W. Fischer,Land Protection Specialist RESOLUTION NO. 00-33 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF THE AGREEMENT FOR EXCHANGE OF EASEMENTS, AUTHORIZING THE PRESIDENT OF THE BOARD OR OTHER APPROPRIATE OFFICER TO EXECUTE AN AGREEMENT FOR QUITCLAIM OF EASEMENT AND GRANT OF ELECTRIC UTILITY,COMMUNICATIONS AND WATER EASEMENT TO THE MCKINNEY FAMILY TRUST,AND AUTHORIZING GE NERAL MANAGER TO EXECUT E ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION(WINDY HILL OPEN SPACE PRESERVE—THE MCKINNEY FAMILY TRUST) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the Agreement for Quitclaim of Easement and Grant of Electric Utility, Communications and Water Easement between The McKinney Family Trust and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof. Section Two. The President of the Board or other appropriate officer is authorized to execute the Agreement on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction approved in this Resolution. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance to the parties. The General Manager and Board President, in consultation with General Counsel, are further authorized to execute any and all other documents in escrow necessary or appropriate to the implementation or closing of any of the transactions approved in this Resolution. The General Manager and General Counsel are further authorized to approve any minor technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of any of these transactions. Section Five. The Board of Directors finds and determines that,pursuant to Section 5540.5 of the Public Resources Code of the State of California,this quitclaiming and granting of easements is of equal value and is necessary for park or open space,or both purposes. Section Six. The Board of Directors finds that the releasing and granting of the real property interests is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Windy Hill Open Space Preserve. * * * * * * * * * * * * * f Wind*Jill Open Space #reserve McKinney Easement Revision ------ - --------------- Kabcenell Ae , 0 Revised Easement s Alignment Bridge ------------- Town Open Space / \ \ 4 y \ 1VIcKinney Residential Parcel Original Easement Alignment Private Residential Wind H Parcels J 1 1 l Open Space Preserve EXHIBIT 1 Schematic Drawing n EXHXIT Page of..— RECORDED AT THE REQUEST OF, AND WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn.: General Manager No Documentary Transfer Tax Due: Exempt From Recording Fees: Revenue & Taxation Code §11922 Government Code §§6103, 27383 AGREEMENT FOR QUITCLAIM OF EASEMENT AND GRANT OF ELECTRIC UTILITY, COMMUNICATIONS AND WATER EASEMENT This Agreement (herein, "Agreement") is made by and between Donald Kirk McKinney and Rebecca McDaniel McKinney, Trustees of The McKinney Family Trust, U/D/T dated June 2, 1986 ("McKinneys") and the Midpeninsula Regional Open Space District, a public district established pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code (the "District"). RECITALS A. WHEREAS, McKinneys are the fee interest owners of that certain parcel of real property located in the Town of Portola Valley, County of San Mateo, State of California, as more particularly described in the attached Exhibit B, depicted on the attached Exhibit A and referred to herein as the "Dominant Parcel"; and B. WHEREAS, District is the fee interest owner of that certain parcel of real property located in the Town of Portola Valley, County of San Mateo, State of California, as more particularly described in the attached Exhibit C, depicted on Exhibit A and referred to herein as the "Servient Parcel"; and C. WHEREAS, District was formed b voter initiative in 1972 to acquire, e hold and Y manage q g lands for the preservation of open space and the protection of environmental and ecological resources and values; and D. WHEREAS, the Servient Parcel was acquired by District because it possesses such natural, scenic, open space and recreational values which are referred to herein as the "Conservation Values" of the Servient Parcel; and 1 I I E. WHEREAS, McKinneys have existing utility easements across the Servient Parcel and desire to quitclaim their rights held thereunder for certain other rights granted by District herein; and F. WHEREAS, District desires that the utilities on such easement be installed underground to protect the Conservation Values of the Servient Parcel to the maximum extent feasible; and G. WHEREAS, District and McKinneys intend that the rights conveyed to McKinneys in such property pursuant to this Agreement shall not impair such Conservation Values. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy of which is hereby acknowledged, District and McKinneys agree as follows: I. Quitclaim of Easement. McKinneys hereby quitclaim all right, title and interest in that certain easement, entitled "Electrical Utility Easement Agreement" and recorded on September 29, 1998 in the Official Records of the County of San Mateo as Document No. 98-157668. 2. Grant of Easement. Subject to the terms, conditions, provisions and restrictions set forth in this Agreement, District hereby grants to McKinneys the following easements appurtenant to and for the benefit of the Dominant Parcel: a. Electrical Equipment Easement. A non-exclusive easement over the Easement Area, as defined in Section 2d hereof, for the purposes of the primarily underground installation, construction and operation of such electrical equipment as is reasonably necessary for the transmission, generation, transformation, and delivery of electrical service to the Dominant Parcel, and to no other parcel or parcels. b. Water EquiDMent Easement. A non-exclusive easement over the Easement Area, as defined in Section 2d hereof, for the purposes of the primarily underground installation, construction and operation of such water equipment as is reasonably necessary for the collection and transport of water service to the Dominant Parcel, and to no other parcel or parcels. � c. Communications EquipmentEasement. A no n-exclusive i ve eas ement ov er er the Easement Area, as defined in Section 2d hereof, for the purposes of the primarily underground installation, construction and operation of such telephone and cable equipment as is reasonably necessary, but excluding any above ground antennas and satellite dishes, for the receipt and transmission of communications to and from the Dominant Parcel, and to and from no other parcel or parcels. d. Location of Easement. The "Easement Area" is a portion of that area show on Exhibit A, attached hereto and incorporated herein by reference. Upon completion of the I installation of the electrical, communications and water service equipment authorized hereunder, McKinneys shall cause the actual placement of such equipment to be located by a survey prepared by a licensed surveyor which survey shall be submitted to District for approval. Upon District approval, such survey description shall be recorded by District as Exhib it D hereto being the description of the p "Easement Area granted hereunder, and such description is incorporated herein by this reference as if it were fully set forth herein. In no event however shall the "Easement Area" granted hereunder exceed 8500 square feet in net area. e. Right of Entry. A non-exclusive easement to enter and to temporarily occupy, with persons, equipment and materials, those areas of the Servient Parcel reasonably necessary for the limited purpose of installing, inspecting, repairing or servicing the above- described utility equipment authorized hereunder, provided that McKinneys shall consult and cooperate with District with respect to such activities, so as to protect the Conservation Values and to facilitate the return of the land to its natural state after completion of such activities. District shall retain Design and Review approval authority, as defined in Section 3 below, for any construction, repairs or maintenance within the Easement Area. 3. Additional Agreements Concerning Electrical, Water and Communications Equipment. District has reviewed and hereby approves the initial installation of the water, electrical and communications equipment as shown on the construction plans, prepared by Brian Kangas Foulk, as such plans were reviewed and dated June 7, 2000 by District and are on file with District(herein, the "Approved Plans"). All such installations shall be underground except for the "Motor Control Center Box" and the "Backflow Preventer" as such are more specifically shown on the Approved Plans. Any further installation, relocation, repairs or replacements of equipment shall be made and undertaken, at the sole cost of McKinneys and in accordance with the following terms and conditions: a. Design Review by District. District shall have the right of Design Review and Approval as herein defined with respect to any and all improvements proposed for the subject Easement Area. Design review is intended to provide a process for review and approval by District of improvements and developments proposed in environmentally and ecologically sensitive areas in order to assure that such developments will be compatible with the Conservation Values of the Servient Parcel. With regard to any proposed construction of any improvements, including, but not limited to, under-grounding, trenching, transmission lines, and an above round structure an application for Y g , . Pp design review e shall be made t Dis trict.istrict. The application gshall in dude a site pla n p showing all proposed construction, improvements, a plan for remediation and other activities on the areas and drawings and specifications showing the elevations and details of all proposed construction, improvements and the plan for remediation to be performed on the areas. (i) Within 30 days from the filing of the application with District, District shall review the site plan and drawings, and shall make its recommendations 3 based upon the following objectives: 1. to ensure construction and improvements in a manner that will be orderly and compatible with the Conservation Values of the area; and 2. to ensure that so und principles of environmental design and ecological balance are observed. (ii) All such construction, improvements and a plan for remediation shall be constructed or installed in accordance with the plans as approved by District. b. Relocation of Electrical, Water and Communications Equipment. If the continued use, operation or maintenance of any particular item of any equipment within the Easement Area should be or become infeasible (because of the proximity of the equipment to other improvements, obstructions, lack of lateral or vertical support, or other cause beyond the reasonable control of McKinneys), then the equipment and the associated Easement Area may be modified or, if reasonably necessary, relocated to a more appropriate area on the Servient Parcel, subject to the following: (i) If the relocation or modification is requested by McKinneys, then any relocation or modification of equipment will not be, to the extent reasonably possible, more detrimental to the Conservation Values of the Servient Parcel as the replaced equipment, and any relocation of equipment will be made to a location as close as reasonably feasible to the former location of said equipment. Any such modified equipment and the site for any relocation of equipment shall be selected by McKinneys, subject to District's approval of the location of the modified or relocated equipment, which approval shall not be unreasonably withheld or delayed. The cost of any such modification or relocation of equipment and the associated Easement Area shall be borne by McKinneys, and any modifications and/or relocation shall follow the process of Design and Approval by District as set forth in Section 3a hereof. (ii) If the relocation or modification is requested by District, then any, relocation or modification of equipment shall be subject to consent of" ` McKinneys, which consent shall not be unreasonably withheld or delayed, if the availability of electrical, communication or water service at the Dominant Parcel is not diminished, the cost to be payable to obtain electrical, communication or water services at the Dominant Parcel is not materially increased, the risk of electrical, communication or water service interruption at the Dominant Parcel is not materially increased, and the electrical utility electrical, communication and water services rights granted to McKinneys by this Agreement are not otherwise materially and adversely effected. The cost of any such modification or relocation of equipment and/or the associated Easement Area shall be borne by District. c. RelGcations or New Installations of Electrical Water and Communication Equipment. Any relocation or additional installations of water, electrical or communications equipment pursuant to the rights granted in this Section 3, shall be 4 limited to the equipment reasonably necessary for the transmission, generation, transformation and supply of electricity, for the collection, transport and distribution of water and for receipt and transmission of communications, all to the Dominant Parcel and to no other parcel or parcels. Further, such relocated or additional equipment shall not include, without the prior written consent of District, any utility poles, equipment of substantial bulk (whether or not concealed underground), or other equipment not permitted in the Approved Plans. Notwithstanding any other provision hereof related to consent, District, if requested to provide consent pursuant to the foregoing sentence, may withhold its consent in its absolute discretion, if the construction, operation or maintenance of the equipment for which consent is sought is reasonably likely to interfere with or detract from the Conservation Values of such Easement Area. In no event, however, shall the limitations set forth herein, nor the necessity of obtaining the consent of the District,preclude McKinneys from installing such equipment as is reasonably necessary for the transmission, generation, transformation and supply of a reasonable level of electricity, reasonably necessary for the receipt and transmission of communications, or the collection, transport and distribution of a reasonable level of water to the Dominant Parcel_ 1 ' ? d. Conduct of Activities on Servient Parcel. Any activities which McKinneys are permitted by the Agreement to perform on the Servient Parcel shall be undertaken only after consultation with District. As a condition to the installation and construction of electrical, communications and water equipment, McKinneys shall submit plans and specifications for the work to District for its consent, which consent shall not be unreasonably withheld or delayed, if the plans make all work as inconspicuous as reasonably possible and provide for the return of the lands to its natural state existing prior to the commencement of such installation or construction upon completion of the activities and/or removal of the equipment so installed. Any above ground equipment shall be designed, to the extent reasonably feasible, to avoid the use of highly reflective exterior surfaces and incorporate wood and earth tone exterior surfaces which blend with the natural environment and shall be sited to minimize its visibility from trails within the Servient Parcel and viewsheds on and off the Servient Parcel. The design, materials, style, and location of all equipment, and the installation techniques employed therefor shall minimize the removal of trees so as not to disrupt the natural silhouette of the hillside and shall otherwise be subject to the consent of District which consent shall not be unreasonably withheld or delayed. e. Criteria for consent. When District is requested to consent to the selection or siting of equipment or relocation of equipment pursuant to this Section, District may withhold its consent if the selection, installation, maintenance and use of the equipment and the site thereof does not minimize the impact on the Conservation Values of the Servient Parcel. In addition to assessing the impact on the Conservation Values of the Servient Parcel, due regard is also to be given by District to the cost of acquiring, installing, using, or maintaining the equipment of a type, in a manner or at a location differing from McKinneys' preferred approach or selection and the potential for interference with collection and/or transmission or transport of an adequate supply of electricity, J communications or water to the Dominant Parcel, if equipment is not selected, sited, installed, used, or maintained in a manner or at a location differing from the selection and approach of McKinneys. f. Maintenance of Electrical, Water and Communications Equ_ipmenl. McKinneys shall maintain the equipment installed or maintained pursuant to this Agreement in good condition and repair at their sole cost and shall repair any damage to the surrounding land caused by the construction, installation, use or maintenance of said equipment. g. Notice of Exercise of Rights. McKinneys shall notify District, in writing, not less than thirty (30) days prior to the date McKinneys intend to exercise any right pursuant to the conditions and restrictions stated above except in the cas e se of an emergency, in which case notice shall be given not less than forty-eight(48) hours prior to such entry. Notwithstanding the foregoing, in no event shall notice be required prior to entry onto the q P Servient Parcel for routine repair of the equipment pursuant to Section 2(c), above. Each required notice shall describe the nature, scope, design, location, timetable, and any other material aspects of the proposed activity in sufficient detail to permit the District to make an informed judgment as to the consistency of any installation with this Agreement. 4. Remedies. If District believes that the use or maintenance of the electrical, water or communications equipment or any other activities of McKinneys on the Servient Parcel violates this Agreement, or that any such violation is threatened, then: a. District shall give written notice of such fact to McKinneys and demand corrective action sufficient to cure the violation. If the violation involves injury to the Servient Parcel resulting from any prohibited use or activity, District may also demand that McKinneys restore the area so injured. b. If any such violation is not corrected on or before the thirtieth (30th) day following i delivery of such notice (or, if the correction cannot reasonably be made within said thirty (30) day period, within such longer time after such notice as is reasonably required for a cure), then the District may bring an action at law or in equity, in a court of competent jurisdiction, to enforce the above conditions and restrictions, to enjoin the violation, ex parte as necessary,by temporary or permanent injunction, to recover any damages to which it may be entitled for a violation (including damages for the loss of scenic, aesthetic, or environmental values as a consequence of the violation), and to require the restoration of the affected area to the condition that existed prior to injury. Without limiting McKinneys' liability therefore, District, in its sole discretion, may apply any damages recovered from McKinneys to the cost of undertaking any corrective action required as a consequence of McKinneys' default. If circumstances require immediate action to correct a violation by McKinneys, and District, in its good faith discretion, believes that McKinneys will not promptly commence, or will not thereafter diligently complete, such action so as to cure the violation in a timely manner, then District may pursue its remedies under this Agreement without prior notice to McKinneys or without waiting for the period for cure to expire. 6 c. The rights of District under this Subsection shall apply equally in the event of either actual or threatened violations, and McKinneys agree that the remedies of District at law for any violation are inadequate and that District shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which said District may be entitled, including specific performance, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies of District described in this Section shall be cumulative and shall be in addition to all other remedies now or hereinafter existing at law or in equity. 5. Indemnification. McKinneys shall indemnify, protect, defend, and hold harmless District, and its directors, officers, employees, agents, successors, assigns or invitees, from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, or costs whatsoever, including but not limited to reasonable attorneys' fees and court costs, which may be suffered or incurred by, or threatened against District, its directors, officers, employees, agents, successors, assigns, or invitees, or to any other person, and from any and all damage or loss of the property of such persons, to the extent such claims, demands, actions, causes of action, losses, damages, liabilities, fees or costs results from, arises out of, or is attributable to the use, installation, construction, operation, maintenance, or lack of maintenance of equipment owned, used or installed by or for the benefit of McKinneys, their agents, employees or contractors pursuant to this Agreement. Except to the extent of the willful misconduct or gross negligence of District, McKinneys waive any and all rights to any type of express or implied indemnity or right of contribution from District with respect to any liability resulting from, growing out of, or in any way connected with or incident to the use, installation, construction, operation, maintenance, or lack of maintenance of equipment installed pursuant to this Agreement on the Servient Parcel by McKinneys. 6. Easement Runs With the Land: Recordation of Agreement and Relocations. This Agreement shall be recorded with the County Recorder for the County of San Mateo, State of California and, upon such recordation, all of the provisions, agreements, rights,powers, covenants, conditions and obligations contained in this Agreement shall become binding upon and inure to the benefit of McKinneys and their beneficiaries, heirs, successors-in- interest, assigns, devisees, administrators, representatives, lessees and all other persons acquiring any interest in the Dominant Parcel, whether by operation of law or otherwise, shall be equitable servitudes and covenants running with the land and binding upon the Dominant Parcel, the Servient Parcel, District, McKinneys and their respective successors and assigns, pursuant to applicable law, including without limitation California Civil Code Sections 1462 and 1468, and shall be superior to all other encumbrances applied against or in favor of all or any portion of the Servient Parcel. If the Easement Area is relocated in accordance with the terms of this Agreement, such relocation shall be deemed effective when a notice of the relocation, executed and acknowledged by District and McKinneys is recorded in the Official Records of San Mateo County. The easements created by this Agreement are appurtenant to, and are granted for the sole purpose of supplying electricity, communications and water for the Dominant Parcel and therefore are not personal to McKinneys and can be used only in connection with the ownership and use of the Dominant 7 Parcel. The rights and obligations conferred upon McKinneys pursuant to this Agreement shall not be transferred or assigned to any other party, except together with the sale or assignment of the Dominant Parcel. 7. Nega tion on of Partnership and Third Party Rights. None of the terms or provisions of this Agreement shall be deemed to create a partnership between District and McKinneys or any of them, nor shall this Agreement cause them to be considered or deemed to be joint venturers or members of any joint enterprise. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in or for the benefit of any person who is not a party hereto, except as otherwise expressly provided to the contrary in this Agreement. 8. Arbitration of Disputes. If any dispute arises between District and McKinneys relating to this Agreement, District and McKinneys agree that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as set out below: a. Within 10 days after a notice by either party to the other requesting arbitration and stating the basis of the party's claim, each party shall appoint one arbitrator, notifying the other party of the appointment when made. b. The two arbitrators shall immediately choose a third arbitrator to act with them. If a party fails to select an arbitrator within the time allowed or if the two arbitrators fail to select a third arbitrator within 10 days after their appointment, the additional arbitrator shall be promptly selected by random lot in a manner agreed among the arbitrators already appointed from a pool of up to six names, with each party entitled to submit no more than three names. C. The arbitration shall be conducted under Code of Civil Procedure §§1280-1294.2. Hearings shall be held in Santa Clara County, California. d. A decision of the majority of Arbitrators shall be binding on both parties. The arbitrator's fees shall be shared equally between the parties. 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 MATTERS INCLUDED IN THE 8 "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. DISTRICT INITIAL McKINNEYS INITIALS 9. Miscellaneous. a. Headin2s. The titles and headings of the various Sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify or place any construction on any of the provisions of this Agreement. b. Entire Agreement. This Agreement, which includes the Exhibits, contains all representations and the entire understanding and agreement between District and McKinneys. c. Amendments. This Agreement shall not be altered or modified except by a writing signed by McKinneys and District and recorded in the County of San Mateo Recorder's Office. No amendment shall adversely affect the rights of the holder of any mortgage of record prior to the recordation of such amendment. d. Further Assurances. Each party shall execute and deliver, in recordable form if so requested, such documents as are reasonably necessary or appropriate to carry out the terms, conditions and intent of this Agreement. e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. f. Abrogation of Existing Rights. To the extent that the provisions of this Agreement are in addition to or expressly contrary to the provisions of other agreements and casements between the parties hereto, the provisions of this Agreement shall be controlling. In all other respects, the provisions of said other agreements and easements shall continue in full force and effect and shall not be abrogated or modified by the provisions of this Agreement. g. Disputes & Attorneys' Fees. (i) Enforcement of the conditions and restrictions of this Agreement shall be at the discretion of the person or entity holding the right to be enforced and any forbearance by said person or entity to exercise his/her/its rights under this Agreement in the event of any breach of any condition or restriction of this Agreement shall not be deemed or construed to be a waiver of any such conditions or restrictions or of any subsequent breach of the same or any other obligation under this Agreement. No delay or omission by said person or entity in the exercise of any right or remedy upon any breach of this Agreement shall impair such right or remedy or be construed as a waiver. (ii) The McKinneys waive any defense based on a failure to enforce, or a 9 delay in enforcing, its rights or remedies, latches or prescription in any action or proceeding, including, but not limited to, arbitration brought by District to enforce or to interpret the provisions of this Agreement. The foregoing, however, shall not extend the time permitted for the giving or withholding of consent, when such time is expressly set forth in this Agreement. (iii) Nothing contained in this Agreement shall be construed to entitle District to bring any action against McKinneys for any injury to or change in the Servient Parcel resulting from causes beyond McKinneys' reasonable control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by McKinneys under emergency conditions to prevent, abate, or mitigate significant injury to an Easement Area, the Servient Parcel, and/or the electrical, communications or water equipment, or any portions thereof, resulting from such causes. (iv) In the event of litigation or arbitration between the parties arising out of or relating to this Agreement, the prevailing party will be entitled to recover court or arbitration costs and reasonable fees of attorneys, accountants and expert witnesses incurred by such party in connection with the action or arbitration, including such costs and fees incurred because of any appeals. The prevailing party also shall be entitled to recover all such costs and fees that may be incurred in enforcing any judgment or award. (v) Nothing contained in this Agreement shall be construed to diminish the remedies otherwise available to District or McKinneys at law or in equity; and this provision shall not be merged into any judgment but shall survive any judgment. h. Notices. Any notices given under this Agreement shall be in writing and shall be served either personally, delivered by overnight U. S. Mail with postage prepaid, or by a nationally recognized overnight commercial courier services with charges prepaid. Notices may also effectively be given by transmittal over electronic transmitting devices if the a to whom the notice is being sent has a receiving device in its offs party office, and g g , provided a complete copy of the notice shall also be served either personally or in the same manner as required for mailed or couriered notices. Except as otherwise agreed herein, notices shall be deemed received at the earlier of actual receipt or one business day following deposit in U.S. Mail or with a nationally recognized commercial courier with charges prepaid. Notices shall be addressed to the appropriate party as follows: "District" Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: General Manager Telephone: (650) 691-1200 10 I r Facsimile: (650) 691-0485 McKin neys Donald Kirk McKinney and Rebecca Daniel McKinney As Trustees of the McKinney Family Trust, U/D/T dated June 2, 1986 407 Hale Street Palo Alto, CA 94301 Telephone: (650) 323-1484 Facsimile: (650) 323-7058 Either party may change its address for notice purposes by giving notice to the other in accordance with this Section, provided that the address change shall not be effective until five days after the notice is received or is deemed received as the case may be. i. Gender and Number. As used in this Agreement, the masculine, feminine and neuter gender, and the singular or plural number, shall include the others whenever the context so indicates. I ' j. 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, District and McKinneys agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement and further agree to replace such void or unenforceable provisions with provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. k. Exhibits. All Exhibits referred to in this Agreement as attached are incorporated in the Agreement in their entirety by reference. 1. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. m. Counterparts. This Agreement may be executed in counterpart or duplicate copies, and any signed counterpart or duplicate shall be equivalent to a signed original for all purposes. n. Authority. Each of the persons executing this Agreement represents that they have full right and authority to execute the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth with their signatures below. Ili 11 "District MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved By: Date: Kenneth C. Nitz President, Board of Directors Attest: By: Date: Deirdre Dolan District Clerk 13 I "McKinneys:" DONALD KIRK McKINNEY, Date: ' Trustee of the McKinney Family Trust, U/D/T dated June 2, 1986 Date: REBECCA McDANIEL McKlNNEY Trustee of the McKinney Family Trust, U/D/T dated June 2, 1986 ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On 2000, before me a Notary Public in and for the County and State aforesaid,personally appeared who is/are personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on such instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS, my hand and official sear Signature STATE OF CALIFORNIA 14 SCHEDULE OF EXHIBITS Exhibit A Map of Dominant Parcel, Servient Parcel and Approximate Easement Area Exhibit B Legal Description of Dominant Parcel Exhibit C Legal Description of Servient Parcel Exhibit D Legal Description of Electric Utility, Communication, and Water Easement Area I 15 0 04508Owl OR off I EX HIBIT B-Legal Description ofD Domin ant Parcel � Ah that certain real property situate in the TOWN OF PORTOLA VALLEY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, lying entirely within Parcel 1 as described in the deed dated December 17, 1979 from Corte Madera Limited Partnership to Peninsula Open Space Trust dated and recorded in Reel 7923 at Image 1628, San Mateo County Records, described as follows: Beginning at a point distant North 66° 42' 07" East, 2267.82 feet from a point on the Southerly line of said deed, said point being the most Easterly corner of Parcel A as shown on that certain Parcel Map entitled "Parcel Map - Being a Resubdivision of a Portion of the El Corte Madera Rancho", recorded in Volume 13 of Parcel Maps at Page 19, San Mateo County Records, said point being also distant South,52° 24' 07" West, 3552.11 feet from the Southerly terminus of that certain centerline course of Willowbrook Drive shown as North 4° 26' 56" West, 532.92 feet on the map of"Tract No. 799 - Willowbrook No. 3", recorded in Volume 55 of Maps at Page 28, San Mateo County Records (the bearing of said centerline course being taken as North 4° 40' 00" for purposes of this description): thence along the following courses: North 1° 43' 24" East, 64.74 feet, North 13° 21' 19" East, 50.82 feet; North 0° 32' 12" West, 43.53 feet to a point of curvature: along the arc of a tangent curve to the left with a radius of 150.00 feet, through a central angle of 39° 13' 35" West, an arc distance of 102.69 feet; North 39° 45' 48" West, 55.70 feet; North 45° 20' 0 1" 23.46 feet to a point of curvature, along the arc of a tangent curve to the left with a radius of 65.00 feet, through a central angle of 89° 52' 48", an arc distance of 101.97 feet; South 44° 47' 10" West, 46.27 feet; South 60° 40' 36" West, 109.21 feet to a point of curvature, along the arc of a tangent curve to the right with a radius of 45.00 feet, through a central angle of 73° 46' 14", an arc distance of 57.94 feet; North 450 33' 10" West, 76.84 feet; North 49° 48' 06" West, 42.04 feet; North 27° 35' IT' East, 84.71 feet; North 32" 03' 56" East, 178.92 feet; North 24° 36' 59" East, 292.80 feet; North 45° 33' 33" East, 150.05 feet; North 73° 3 F 15" East, 155.70 feet; North 79° 03' 56" East, 188.46 feet, North 86° 47' 58" East, 137.89 feet; South 89° 01' 04" East, 152.18 feet; South 74° 23' 54" East, 115.70 feet; South 44° 14' 08" East, 105.66 feet; South 140 41' 51" East, 144.88 feet; South 11° 14' 57" East, 139.25 feet, South 18° 26' 50" Easi, 139.48 feet; South 23° 27' 11" East, 159.69 feet, South 28' 43' 23" East, 113.93 feet; South 14° 25' 34" West, 111.08 feet; South 51° 12' 51" West, 138.95 feet; South 76' 29' 38" West, 211.18 feet; South 87° 33' 24" West, 407.02 feet, North 82° 42' 51" West, 218.93 feet to the point of Beginning. Containing 23.066 Acres, more or less Eh SIT C -Legal Description of Servie arcel Pagel of 3 All that certain real property situate in the TOWN OF PORTOLA VALLEY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, described as follows: BEING a portion of the lands conveyed by Deed recorded in Volume 4416 of Deeds at page 452 to 465 to Corte Madera, a partnership, more particularly described as follows: BEGINNING at the most Southerly point of Parcel B as said Parcel is shown on that certain map entitled "PARCEL MAP, BEING A RESUBDIVISION OF PORTION OF EL CORTE MADERA RANCHO", recorded on August 2, 1971 in Volume 13 of Parcel Maps at page 19, Records of San Mateo County, California; thence from said point of beginning the following courses and distances: South 84° 34' 35" West 759.46 feet, North 33' 55' 25" West 505.26 feet, North 140 25' 25" West 1,128.68 feet, North 50 04' 35" East 621.90 feet, North 370 341 . 35" East 921.62 feet, South 63° 32' 50" East 836.14 feet to a point which bears North 190 31, 20" West 1,136.06 feet from the most Northerly point of Parcel C as shown on the above said Parcel Map; said point also being the common corner of Parcel C and Parcel A; thence in a Southeasterly direction South 55' 02' 50" East 940.00 feet; thence North 350 57' 10" East 1,135.00 feet; thence North 510 12' 10" East 1,770 feet, more or less, to a point in the Northerly boundary line of the aforesaid parcel of land, said point also being in a gulch known as Hamms Gulch and which bears the following courses and distances from the point of beginning of the lands conveyed by the aforesaid Deed recorded in Book 4416 of Deeds at pages 452 to 465: North 810 35' 00" West 174.90 feet, South 850 45' 00" West 123.42 feet, North 67' 29' 00" West 154.44 feet, North 86° 14' 00" West 91.08 feet; thence along said Northerly boundary and down Hamms Gulch the following courses and distances; South 86° 14' 00" East 91.08 feet, South 67° 29' 00" Fast 154.44 feet, North 85° 45' 00" East 123.42 feet, South 81° 35' 00" East 174.90 feet to the point of beginning of the lands conveyed by the aforesaid Deed recorded in Book 4416 of Deeds at pages 452 to 465; thence from referenced point of beginning along the Easterly boundary (Corte Madera Creek) and the Southeasterly boundary of the aforesaid land the following courses and distances:' South 00' 10' 00" West 128.04 feet, South 180 16' 00" East 168.30 feet, South 22' 32' 00" East 92.64 feet, South 14° 10' 00" West 137.28 feet, South 05° 37' 00" East 80.52 feet, South 03° 23' 00" West 103.62 feet, South 42° 37' 00" East 142.56 feet, South 130 59' 00" East 124.08, South 54' 41' 00" East 32.34 feet, South 08' 36' 00" East 150.48 feet, South 510 36' 00" East 124.74 feet, South 210 02' 00" East 196.68 feet, South 220 53' 00" West 81.95 feet, South 410 23' 00" East 55.00 feet, South 660 53' 00" East 75.00, South 86' 13' 00" Fast 150.50 feet, South 22' 53' 00" East 88.00 feet, South 470 53' 00" East 63.11 feet, South 77' 13' 00" West 733.75 feet, South 21° 50' 00" West 33.04 feet, South 350 15' 00" West 94.48 feet, South 24' 33' 00" West 102.47 feet, South 30' 17' 00" West 194.86 feet; thence leaving said Easterly boundary (Corte Madera Creek) and the Southeasterly boundary of the aforesaid land South 420 30' 00" West 1,740 feet, more or less, to a point which bears South 55' East 820.00 feet, and South 570 East 910.00 feet from the EXHIBIT C Page 2 of 3 most Northerly comer of Parcel C, as said point is shown on the aforesaid referenced parcel Map recorded in Volume 13 of Parcel Maps at page 19; thence North 570 West 910.00 feet and North 55* West 820.00 feet to the aforesaid most Northerly comer of Parcel C; thence Northwesterly along the Northerly boundary and Westerly boundary of Parcel A of the following courses and distances: North 73* 50' 00" West 770.00 feet, North 61* 45' 00" West 491.91 feet, South 380 19' 30" West 177.54 feet, South 22* 42' 05" West 143.56 feet, South 40* 08' 25" West 166.57 feet, South 000 57' 15" West 139.80 feet, South 33* 56' 35" West 177.53 feet, South 120 36' 00" East 105.49 feet, South 550 12' 06" East 106.17 feet, South 850 10' 10" East 149.62 feet, South 380 24' 35" East 109.06 feet, South 160 31' 20" 147.72 feet, South 340 49' 45" East 61.66 feet, South 710 49, 50" East 86.79 feet, South 87' 04' 05" East 106.70 feet, South 590 42' 03" East 662.77 feet, South 05' 25' 23" East 270.58 feet to the point of beginning. EXCEPTING THEREFROM: BEGINNING at a point on the Northerly line of Parcel A as shown on that map entitled, "PARCEL MAP, BEING A RESUBDIVISION OF PORTION OF EL CORTE MADERA RANCHO", recorded August 2, 1971 in Volume 13 of Parcel Maps at Page 19, San Mateo County Records, said point being distant North 730 50' 00" West, 589.82 feet from the most Easterly comer of Parcel A; thence North 46* 41' 20" West, 564.63 feet; thence North 10' 37' 25" East, 255.02 feet; thence North 70' 01' 45" West, 64.57 feet; thence South 36' 05' 30" West, 998.80 feet; thence South 20* 49' 11" West, 232.12 feet; thence South 140 481 42" East, 189.51 feet- thence South 20' 20' 28" East, 265.37 feet; thence South 66* 05' 00" East, 368.60 feet; thence North 860 45' 18" East, 221.16 feet to a point on the Southwesterly line of Parcel B as shown on the aforesaid map; thence along said Southwesterly line North 590 42' 03" West, 86.29 feet to the most Southerly common comer of Parcel A and Parcel B; thence along the line of Parcel A the following courses: North 870 04' 05" West, 106.70 feet; North 71' 49' 50" West, 86.79 feet; North 340 49' 45" West, 61.66 feet; North 160 311 2011 Last, 147.72 feet; North 380 24' 35" West 109.06 feet; North 85* 10' 10" West, 149.62 feet; North 55' 12' 06" West, 106.17 feet; North 12* 36' 00" West, 105.49 feet; North 330 56' 35" East, 177.53 feet; North 0' 57' 15" East, 139.80 feet; North 400 08' 25" East, 166.57 feet; North 220 42' 05" East, 143.56 feet; North 38* 19' 30" East, 177.54 feet; South 61" 45' 00" East, 491.91 feet; and South 73* 50' 00" East, 180.18 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: BEGINNING at a point distant North 660 42' 07" East, 2267.82 feet from a point on the Southerly line of said deed, said point being the most Easterly comer of Parcel A as shown on that certain Parcel Map entitled "Parcel Map - Being a Resubdivision of rz ?ortion of the El Corte Madera Rancho", recorded in Volume 13 of Parcel EXHIBIT C Page 3 of 3 maps at Page 19, San Mateo County Records, said point being also distant South 520 24' 07" West, 3552.11 feet from the Southerly terminus of that certain centerline course of Willowbrook Drive shown as North 40 26' 56" West, 532.92 feet on the map of "Tract No. 799 - Willowbrook No. 3", recorded in Volume 55 of Maps at Page 28, San Mateo County Records (the bering of said centerline course being taken as North 4* 40' 00" for purposes of this description): Thence along the following courses: North 10 43' 24" East, 64.74 feet; North 130 21' 19" East, 50.82 feet; North 00 32' 12" East, 43.53 feet to a point of curvature: along the arc of tangent curve to the left with a radius of 150.00 feet, through a central angle of 390 13' 35", an arc distance of 102.69 feet; North 390 45' 48" West, 55.70 feet; North 45* 20' 01" West, 23.46 feet to a point of curvature; along the arc of a tangent curve to the left with a radius of 65.00 feet, through a central angle of 890 52' 48", an arc distance of 101.97 feet; South 440 47' 10" West, 46.27 feet; South 600 40' 36" West, 109.21 feet to a point of curvature; along the arc of tangent curve to the right with a radius of 45.00 feet, through a central angle of 73* 46' 14", an arc distance of 57.94 feet; North 45 0 33' 10" West, 76.84 feet; North 49' 48' 06" West, 42.04 feet; North 270 351 1311 East, 84.71 feet; North 32* 03' 56" East, 178.92 feet; North 240 36' 59" East, 292.80 feet; North 45 0 33' 33" East, 150.05 feet; North 730 31' 15" East, 155.70 feet; North 790 031 5611 East, 188.46 feet; North 860 47' 58" East, 137.89 feet; South 89* 01' 04" East, 152.18 feet; South 74* 23' 54" East, 115.70 feet; South 440 14' 08" East, 105.66 feet; South 140 41' 51" East, 144.88 feet; South 11 14' 57" East, 139.25 feet; South 180 26' 50" East, 139.48 feet; South 23* 27' 11 East, 159.69 feet; South 280 43' 23" East, 113.93 feet; South 140 25' 34" West, 111.08 feet; South 51 0 12' 51" West, 138.95 feet; South 760 29' 38" West, 211.18 feet; South 87' 33' 24" West, 407.02 feet; and North 820 42' 51" West, 218.93 feet to the point of Beginning. A.P. No.: 076-350-150 JPN 076 035 350 15 Pin. A 076-350-240 076 035 350 16 Ptn. A EXHIBIT D Legal Description of Electric Utility, Communication, and Water Easement Area (To be provided upon completion of utility installation pursuant to Section 2(d)of Agreement) 0 Brion Kongas LAURISTON ROAD (PAVED) id " v., a ) , , r % f 1� � i .1.1 ,I r}�•��, �. / coe� °rSo c:eo°noa.• �,,�Ny, •rl\� �I I+ � f ! r r r +/_,' `i 11 I' 'I I I�! • 'i '! t, 1 ,� t�.ioecoE°:� -'•J"' t - 1. 1`41j1 ', � I !:'/i !/i, /. / i� r I 1 I' il'� i�f�}}�� '1'. `\ c'ce zl is 4. PROPOSED BORING MACHINE ACCESS ROAD t — — _ l 14,;Z1• i 1}+ r AREA TO RE RWO1E / I -I!i D! .j,'/ / HAY BALE PRO7ECTHIY DAY 'fir*� l:�!I' / ,' r.�1 z� i ,�..' , � ,t,i i.` ^• � :: �' ' i i 's cairi� �({a^ i^,,,y�./. d�;! � s� PEAalcs -//s y<EA W bpi_ •ri �� �'"" 1 (,!,'/r ! PROPOSED PULL-BOX LOCATION i �40' DIAMETER BORING MACHINE WORK AREA 'AIllilil rll !1%,j/// r, r`'/ Z PROPOSED MID-WAY STAGING AREA ! ! �' r 0 t /; ,. 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'I;' I fll .',rll���i�/I���/�;� �, � %•y�l,/V� 20/MOSRD Or � f / / C'B(Qn Mamas rOuly lie h r �''�o :'� / ��� �� // / •// /f/ �,/, r•l,l�`� /l /I l�J / l /1 /��// �l� �i��(' � II ', �. i /r f i' // / / /// f •/ 1 � � N !� d '223`Ol 410 r �_/f __*'� 'r i _ �_rf �; �� _ ems. Ytf !! l � �/ ' ' �/ / /' '/� /•/ /l +! //l,'//'I 1 I ,` � ''�� \ �t _''�-- �'�- A� _ 7+ SL-.:,�' ..�yG / �,' ' 1j'� f i// � i i' •f 1, �' 1 �' P!7— ' / _BC',- 223.48.t1 K r 7�; _ / '' t' i�►y,,,y �, �71 �\ M _ '"ri'�bA•F F , - — ->.ti'LT YT- -r � i_7,. � '~• / // / /??4•�• 1�/, �C 0 yy:'N N a J_-..+(�_ lK (4• y 3 �• f4� .1�: r,L , 'f ..-. i"v` �. � r1!'�..� L�h•�LF r a _ ,t :. T�� .4 " i I / *,fit' «' t 7 r , + ram} 1 i 7 �—+ rry F r '•- p$ y / �,. Q Q -i 012 -77 d• �d// 1� �_ - m •gam..' O -2 ' %- O� ��f ;�t •� +-J r �/ l V j<k d / ��, 4E.70' 59 i, / s,� r y, (CntrLmeEasement) O e 3 ' ^// .. �y i /• _ >17k / �L.' Ilr`, ON-rRO�, a , ^>t ILH F- I (21 A V `e W H s F '.. a-9 6' t ti°THICK CD Cr �? ' men? PAD FOR R1iNP5 MOTOR O TROL :ENTER err ' I / % / / y� ✓i' g° / %. ( y � � /. �j /d F a /R HAY o c-r�ni/ ' S �}.' l � �� l � � , � ''r~-�, �'u. /'�"` '_�'� F'r.=�! _!�%� `✓ .( 1 y � Qa'C Y6W v / ' '' l I r '01'. r �'i �/ -��/ •` 'Xh� I / EACKFI40W PRCVt1�7CR ' op L`4 F su �ONCRh1IC SD, s .:•"soo.00. / P/ y,, BELOW Q PUMP;PUMP'VAULT�� `h'.• , # ' it '/. / ? I I Ir V/ / `��' / F'�'�•:///�,/ � ' ' r// / AG r5 SOA�.SOt7l� / i //�•, 1 , / n,r"',•,� / F BO �. "' f e .J , / ~«/ 6 + / 4. %/ / 4o0BLi TTdu/ ar 4• C'c I i✓ sr.�.Wr..,eEA I /� '4c^—=—�] s? ,' E?1 jj:jytt i 44 I/Air, AID, g. cc �� )\ \ �,�:/ EX 02 � a cn m GROUND 5URFAGE e,;�nc•nr,i^Il( A ncr_inNAL OPEN 'J - w m > _n 4 l J � 1 f A c o U I- lid I'MIN. 5'MIN, r*i • �7 h'-8*MIN 9CRE LIMIT- BORE SCHEDULE A- 2-4" COMM. ETC. ' A B MAY SkNITCH LOCATION B� 1 -4" COMM. ETC. m Gs 4" WATER FDo D- 1 2" W/4' HOSE INSIDE m CRO55 SECTION OF DIREGTIONAL cc B0RE5 ® MROSD EASEMENT f rJ CA iv 2,_6„ R 0. _6, 1 CD a0 6u J MOTOR CONTROL CENTER __ BACKEL❑W PREVENTER D MOTOR CONTROL CENTER w/BACKFLOW PREVENTER D ALPINE PROJECT $ J Brlen Ksngas Faulk 3 MICGENIN5U:A REG10NAL OFEN . _SP'd__IE';ICT Engineers Surveyors Planners EXHIBIT June 14, 2000 Donald and Rebecca McKinney 407 Hale Street Palo Alto, CA 94301 Kenneth A. Morrison The Rockridge Group Two Embarcadero Center, Suite 480 San Francisco, CA 94111 Subject: Design Review Response Electric Utility, Communications and Water Equipment Installation Dear Mr. and Mrs. McKinney, and Mr. Morrison: District staff has reviewed the attached construction plans (see Exhibit I), submitted and dated June 7, 2000 and Easement Remediation/Environmental Protection Plan, as previously submitted. In accordance with Section 3a. of the Electric Utility, Communications and Water Easement, the project plans are approved as submitted, conditional upon the following: 1. Compliance with the attached document from Section 02920 of the Construction Specification Institute. Division 2000 titled"Easement Remediation/Environmental Protection Plan" (Exhibit II) . 2. Compliance with additional remediation/revegetation measures as follows: a. All boring shall be done in a manner to least effect vegetation and soil. b. Hydroseeding and erosion control seed mix shall be California Brome (161bs./acre), California Meadow Barley(12 lbs./acre), Blue Wildrye (10 lbs./acre), Arroyo Lupial (4 lbs./acre) and Purple Needlegrass (41bs./acre). Seeding should take place following completion of final boring and site restoration, preferably between November 15 and December 31, 2000 but not before October 15, 2000 nor after February 1, 2001. c. The specific environmental protections in each work area shall include a hay-bale protection dam at the downhill location of the mid-way and bottom staging areas. The purpose of this protection is to contain any and all water/clay bentonite spills if they should occur. d. Any and all water/dirt/clay to be managed or dried shall be moved to a location other than District land for management or evaporation. e. Native plant species shall be planted in order to provide a visual screen around the motor control center(MCC) box. f. Any areas effected by the project shall be restored and re-vegetated in a timely manner to a condition comparable to its prior condition, and shall maintain and monitor said replacements for a period of three(3)years to ensure they are i EXHIBIT page of successfully established. Caution shall used when working around all existing trees and significant vegetation to ensure the least impacts to the visual and biological resources of the area. Any trees proposed for removal shall be tagged at least two (2) weeks prior to actual removal. Replacement of dead trees will not be required. g. All construction plans, techniques, and materials shall conform to all applicable specifications and standards of San Mateo County, the State of California, including but not limited to, the Department of Fish and Game, and any other government agencies having lawful jurisdiction over the project. h. McKinneys shall use, and cause their employees, agents, representatives and contractors, to use, due care at all times to avoid or minimize any damage or harm to District pr operty er tyand to the native vegetation on and natural attributes of the Easement. In the event n f o a emergency or potential threat to public health, safe or welfare as p safety , reasonably determined by District, District shall have the right to further condition, restrict or oversee any permitted work on District land. i. McKinneys shall be responsible for obtaining any and all necessary permits and approvals for this project and for any subsequent maintenance and repair. All work shall be performed all in full compliance with all such permits and approvals and McKinneys shall supply District with copies of any and all permits and approvals as well as the final sign-off, if such is required, on such permits. j. Activities shall be confined to the project and no activities shall be outside the project area on District property without prior express written consent of District. k. Only such persons, vehicles, and equipment as are reasonably necessary for the project are allowed on the easement area, 1. McKinneys shall be responsible for maintaining and supervising all safety measures required by permit or by law, including O.S.H.A. requirements and California Labor Code Section 6705, if applicable, m. McKinneys shall notify District in advance of the time, date and place of project pre- construction meetings regarding the easement area, and District shall have the right to attend such meetings in order to provide input on impacts to District land. n. McKinneys will keep the surrounding District lands free from accumulation of surplus materials, rubbish, debris equipment, and waste material. All debris and hazardous materials resulting from the McKinneys work shall be removed to a legal dump site. o. McKinneys shall notify District upon completion of all work and arrange for a project site inspection with District staff before vacating the project site. p. McKinneys shall promptly deliver to District copies of any reports relating to any testing or other inspection of the easement area performed by McKinneys, its agents, employees or contractors, but shall not deliver any such reports to any other person or entity without District's prior written approval, unless required by law or permitting agencies. McKinneys shall first notify District of any request for disclosure or other potential for disclosure in order to allow District an opportunity to defend against any attempt to compel or make such disclosure. , q. McKinneys shall not permit to stand any mechanics', materialmen's or other similar liens or claims against the easement or any interest therein for labor or material furnished in connection with any work performed by McKinneys, their agents, representatives or contractors. Upon reasonable and timely notice of any such lien or EXHIBIT Page 3 O'Li. claim delivered to McKinneys, McKinneys shall immediately notify District of same. McKinneys may bond and contest the validity and the amount of any such lien in accordance with applicable law, but McKinneys shall immediately pay any judgement rendered, including penalties, as well as any reasonable costs and expenses incurred by District as a result of challenge, and shall pay all proper costs and charges and shall have the lien or claim released at its sole expense. McKinneys shall obtain appropriate payment and performance bonds in connection with any and all third party contractors performing any construction work on District land. McKinneys shall also post notices of nonresponsibility on behalf of District in all areas where work on the easement is performed by McKinneys or its agents. 3. A check-valve shall be installed in the water line either at the mid-way point, or at the top of the easement area. The purpose for the check-valve is to minimize the risk of erosion in the event of a break in the water line. 4. The pump vault cover and positions of the Motor Control Center(MCC)box and Backflow Preventer shall enable ingress and egress of vehicles (minimum 20,000lbs. weight) along the original easement roadbed. The MCC and Backhow Preventer shall be painted with non- reflective earthtone colors. 5. District provides no certification or opinion as to the suitability of the design, placement or construction of the utility service. McKinneys assume full responsibility of the service and equipment. Please coordinate these activities, and final inspection with Mr. Fischer, Land Protection Specialist. He can be reached at(650) 691-1200. Sincerely, L. Craig Britton General Manager bcc: D. Simmons T. Fischer enclosure I O B.IC^RO�005'OUP. O =` `� � � 1 1 1 t I 1� I I � I it �`•,1 S� em LAURISTON ROAD(PAVED) �� \� �'—•-� , � I II�i � \.,\ .___ \� �n;.�i.'r � t I I i f i l %I ! ��� l; l•� l� � � Y+!I!' �!I� 1�4t�y{' eft � L�-�.ro�;�woun � O MACHINE ACCESS ROAD %j i/ 1 /1 l I PROPOSED BORING MAC Am TG E IFAmm tx G o. Iµ11AL RO7ECTIOY AY ''� 1 _ r1��_ to 'J,. �y �-��' •- 1 .rf'• SP��E/,�{/� - PROPOSED PULL-BOX LOCATION frhi,. - �'�','�j✓`� -.i _ '%'� "�40 DIAMETER BORING MACHINE WORK AREA !mow" "'' �. tits y,• / ,/.'% W = -. • 1 a PROPOSED MID-WAY STAGING AREA / I r � ry AAA TG 6E RESTORE OF CONS RIOfv 11—y J W f, y - _ i. _ FOR F.. -JRF _A'S'_N'._ti- #i• 4 ' ^Y ti r !/ V r < I'JU� a=�N I u ! W CL 8 � �:::1 ' \ / 'Yip• ,,r�lA `Jz i I J •I '���I:�t� z0/MOSRD f` EXHIBIT Page Z ot� K ------------- _ , ' , •` �� kj IS �,�\ '.': fir \� �' :s lily�a v r' 'f •� ,, YY �� �\ , \ i Xt t T br,� S aIt ro o o 61� /qgV�...`�\. v z o UD y It 11 _ \ m r m 's Cl _ +� ELL If oz � \ r( c0 �V b \` morn ' ♦f ZZ . "�. cm (01 m f '—"•'°" " — ALPINE PROJECT (ZONE O) Bull �� �$(Hulk X ' r N ` r UTILITIES (at pump atotlon) p " -= �"=-- JOINT TRENCH AND WATER I wl . s c.•r ria o•,. w w:ua„o•n '�"'� •• � LL CAI If ORNIA g ..� PORIOIA VAEY SAM MATEO i 06/07/2000 17:02 415-383-5597 VAII ACITR COIISTRUCT. PAGE 02/02 EXHIBIT' 4 Page 3 af, .. o • Ill 111 Q 111 IL 4 39V2J3/�Y,9 LL1 Iy t) tl) O tlJ :' u) z v 0 0 T it I d O 1- u- ul • z V ui z � () r a tSl • i 1�1 ll! 1►t if LU ,t Qn u ul _ zi In I I � —6a 2r-6u I � I a O 4i CD CY �j MEI❑R CONTROL CENTER BACKELLIW PREVENTER MOTOR CONTROL CENTER w/BACKFLOW PREVENTER Lr I ALPINE PRC,ECT ��I� — r Brian Ka Fmik �I _ C'+^L C-- Engineers • Surveyors . Plcnners Ia,.G c.{Ir.k rsi■ Page of 5 SECTION 02920 EASEMENT REMEDIATION PART 1 - GENERAL /ENVIRONMENTAL PROTECTION PLAN 1.01 SCOPE: A. Provide all labor, materials and equipment necessary to complete ~cork of this section as indicated on dra%vings and as specified. This section includes mechanical erosion control. 1 , ,t vegetative erosion control and restoration planting. B. Quality Assurance: During the contract period, quality workmanship shall be maintained. Proper timing of mechanical erosion control measures shall be assured in order to pre%ent early season erosion. C. Functional Description: The objectives of the mechanical erosion control measures are to provide sheet erosion protection prior to the establishment of a yegetati%e corer, to stabilize soil in order for vegetation to become established: and to contain any sedimentation that occurs on the site. 1.02 RELATED DOCUMENTS: A. Division I Specification section requirements apply to Work of this Section. B. Specification section 02300 Earthwork C. Specification section 02910 Soil Preparation and Fine Grading D. Specification Section 02930 Planting and Plant Establishment Maintenance 1.03 SUBMITTALS: A. Samples and Literature — 12" Y 12" sample of straw and coir combination blanket as mf . by North American Green SC 150 or equal. g B. Procedures - Deliver site ample of straw and coir combination bla nket anket to Land scape e not obtain, deliver or Install p Architect's office. Do ma terials erials before materia Architect. is have been reviewed by Landscape SECTION 02920-1 Page i ................ 1.04 QUALITY ASSURANCE: A. During die contract period,quality"orlunanslup shall be maintained. Proper timing of mechanical erosion control measures any restoration planting shall be assured to prevent cariv season erosion. Proper timing and installation of vegetative erosion control measures shall y assured to provide long-term erosion protection and attractive natural cover. Proper collection and propagation of plants,planting, maintenance shall be assured to provide a self-sustainung planting which blends with surroundings and provides habitat for wildlife. B. Supervision: A person employed by contractor who is thoroughly familiar with materials being installed and with methods of installation shall be present at job site at all times during execution of work defined by this Section. C. Substitution of Materials: Substitution of materials shall not be permitted unless authorized by Landscape Architect. Suggested substitutions must be shown to be the equivalent of tie specified material. A proposal made by Contractor will be considered for use of die suggested material that includes any corresponding adjustment of contract price and time. Proposal will be submitted to Landscape Architect 20 workdays after notice to proceed and before starting Work of this Section. D. Work Schedule: Work will proceed as rapidly as possible. PART 2 -MATERIALS 2.01 EROSION CONTROL BLANKET: A. Erosion control blanket shall consist of a straw and coir combination blanket such as North American Green SC 150 or comparable. B. Erosion control blanket shall be used after seedling in a prepared seedbed on slopes less than 2:1 and prior to seedling on slopes 2:1 or greater. Seeding must be completed prior to November 1 if seeded over erosion control blanket. C. Erosion control blanket shall be installed according to manufacturer's instructions. 2.02 STRAW MULCHING e A. Straw mulching shall consist of wufornd apph ing either rice straw o r str aw of native gr ass a species 5S es a P t a rate of 1500 pounds per acre. g B. Straw mulching shall be applied on slopes less than 2:1 and after seeding. ( C. Straw mulcliuig shall be applied only wader windless or minimal wind conditions unless straw is stabilized using a tackifier or netting. EXHISiT Paige 2.03 COIR NETTING — Coir netting shall consist of Deko%%e 900 coir blanket or comparable. 2.04 STRAW WATTLE SLOPE13REAKERS 2.05 SILT FENCING 2.06 STRAW BALE BARRIER 2.07 PLANTING Zone I Slope Restoration Ferns (3 local site specific species of Ferns) California Buckcce (Aesculus California) Sno%tiberm. (Stmphoricarpus sp.) I ' r Name Grass (to be identified) Native (orbs (%arious) PART 3 - EXECUTION 3.01 DELIVERY AND STORAGE A. Protect adjacent areas and improvements during delivers- and storage. B. Protect all materials from damage caused by moisture. sun. «ind erosion and theft. C. Dv not store materiall under canopies of existing trees or other plants. D. Handle mid pack plants in the appropriate manner for each species. Take all necessary precautions so that plants will arrive at the site in a condition proper for successful growth. 3.02 EXISTING CONDITIONS A. Examine areas to receive %cork of this section. Surfaces shall be clean of extraneous material. and properly graded. B. Notify Landscape Architect of any defects. C. Species as well f as the c alcu latio ns showing the approximate im ate amo unt of bulk seed that isequivalent to the pure live seed rates specified. 3.03 COIR NETTING A. Coir nett in hall be to shall stalled on the steep slopes Z.l or greater or on very erodible soil. B. Coir netting shall be installed prior to planting and broadcast seeding. SECTION 02920-3 i IEYNEIT page aft I C. Coir netting shall be installed according to the drawing in Appendix 3-Coir. 3.04 STRAW WATTLES A. At critical and other erodible areas. slope-breakers shall be installed as flagged bN a certified erosion control specialist (CPESC Certification). B. Slope-breakers shall consist of straw wattles installed across the slope along contours. The wattles shall be installed s • ghtl� off the respective n > contour line at a slope- of aP p roxun►a tek rI in order that «ater w►ll drain off to the side of the slope into a safe area. ►1 '/ 11 / C. A shallow trench approximately 2 inches deep shall be dug to seat each wattle length. The wattles shall be butted against each other. end-to-end, and staked in place with wooden stakes. The stakes must be installed flush with the surface of the wattle so thee- do not pose a hazard. 3.05 SILT FENCE A. Silt fencing shall be located in areas where runoff may cause sedimentation into adjacent areas that must remain free of sediment. A certified erosion control specialist (CPESC Certification) shall flag sift fence locations. B. Silt fencing shall be installed according to the Manufacturer's instructions. Heeling in the silt fencing fabric and providing sufficient support as warranted by site conditions is required. C. After major rainstorms in December and January. Contractor shall inspect the elTecti%eness of the silt fencing and remove any accumulated sediment. 3.06 STRAW BALES A. Straw bale barriers shall consist of bales of Cereal straw butted end-to-end and secured in place with stakes as required. B. Straw bale barriers shall be used as sedimentations traps or as divisions for runoff in situations where sediment load may be high. C. Straw bale barriers shall be seated into the soil in order to prevent seeping or undercutting. 3.07 RESTO RATION ON PLANTING A Descri ption A. p of Work ( 1. Timing: Proper timing for planting shall be assured (planting period is approximately October 15 to November 15). SECTION 029204 i EXK.'S-IT � Page of S 2. Liner or Plug Planting (if planted into an area covered «ith a coir blanket). a. Liners or plugs propagated From site-specific plant materials shall be planted in designated areas as flagged by die Landscape Architect or re-vegetation specialist. b. If planting is performed into a coir erosion control blanket. the planting Bole for plugs shall be Formed b% inserting a probe with a diameter and depth that «ill place the root ball of the plug in a position with the crown of the plants at the natural grade. c. For larger liner plants (2 x 2 inches rose pot or LT6 leach tubes) planted into die coir blanket. cut a slice in die blanket. sufficient in size to dig the planting hole. 3. Liner and Plug Planting (if planted into an area not co�cred with a coir blanket). a. Liners or plugs propagated From site-specilic plant materials shall be planted in designated areas as flagged by die Landscape Architect or re-vegetation specialist. b. If planting is performed without a coir erosion control blanket. the planting hole lbr plugs shall also be Formed by inserting a probe kith the diameter and depdi of the root ball into the planting spot. When planted. the: root ball of the plug shall be in a Position with the crown of the plant at the natural grade. Fill and firm soil around the root ball. e. For larger liner plants (2 x 2 inches rose pot or LT6 leach tubes) planted without a coir blanket. plant die liner in a planting collar (Appendix 3). • Prepare a planting pocket to create a benched surface for installing planting collar. • Prepare a planting hole with a depth and �%Idth that would allow the soil level in die collar to be at the approximate same elevation on the natural grade. Place extracted soil in a location near the hole «here it c:ui be readily replaced in the hole. - • At each planting spot place approximately one teaspoon of Osmocote 14-1 d- 14 fertilizer in the bottom of the plating hole. • Insert the planting collar into the planting hole and position it so that when soil is replaced within .the collar it is approximately 1 !,a to 1 `2 inches From the top of the collar and is approximately at the same elevation as the natural grade. • Stabilize the collar by backfilling with the pulverized extracted soil. Place the seedling into the collar so that the root ball is at the approximate natural grade. Firm the soil as it is being replaced around the root ball in the planting hole and die collar. The soil line «' �:c, withi n the �f collar inches from die top of the collar. ° a is 1 to 1 ,2 • Attach a protective screen cylinder approximately 16 to 18 inches in height consisting of a piece of'!Z inch mesh chicken wire wrapped around the top 3 /2 inches of the planting collar and secure in place by mounding soil against the base of die cylinder. SECTION 02920-5 Regional Open . _ ace 1 R-00-80 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-15 June 14, 2000 AGENDA ITEM 4 i AGENDA ITEM Proposed Addition of General Convention Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATION i i Adopt the attached resolution electing to retain ownership of 1 former General Convention property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. I DESCRIPTION (see attached map) I At your meeting of June 28, 1995, you authorized the "defeasible fee" acquisition of the 161.7-acre General Convention property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve (see report R-95-68 attached). At I that time, the District had limited open space acquisition funding, and therefore entered into a "defeasible fee" (subject to being defeated) purchase of this property at a price of$226,000. The transaction was structured as follows: 1. The District received "defeasible fee" title to the subject property; 2. The District made five annual payments of$10,000 with half of the annual payments applicable to the purchase price; 3. At the end of five years, the District is required to either pay for the property or deed the property back to the owners; 4. To complete this acquisition, the balance of the purchase price of$201,000 is now due and payable ($226,000 less $25,000 [one-half the annual payments of$50,0001); and 5. Upon District's election to retain ownership of this property, the sellers will quitclaim their remaining interest in the property. The lost annual payments of$25,000 amounts to a 2.2% interest rate during the five-year defeasance time period. Considering the District's improved financial situation, staff recommends that you elect to retain this property and complete this transaction. BUDGET CONSIDERATIONS 2000/2001 Budget for Land Acquisition New Land $20,000,000 Land Acquisitions Approved so far this year (5,227,800) Election to retain ownership of General Convention property (201,000) Acquisition Budget Remaining $14,571,200 Controller M. Foster has been consulted on the election to retain ownership of the former General Convention property. He indicated that considering cash flow and availability, funds are available to complete this transaction. Prepared by: Michael W. Williams, Real Property Representative Graphics prepared by: Dennis Dart, Planning Technician Contact person: Michael W. Williams, Real Property Representative I 330 Distel Circle . Los Altos,CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org ' Board o7 Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton I I I RESOLUTION No. 00-34 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ELECTING TO RETAIN OWNERSHIP OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF QUITCLAIM DEED TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - FORMER LANDS OF GENERAL CONVENTION OF THE NEW JERUSALEM) 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 elect to retain ownership of the farmer "General Convention property" in accordance with Section 2.5 of that certain Purchase Agreement - Defeasible Fee between General Convention of the New Jerusalem (Swedenbergian Church) and the Midpeninsula Regional Open Space District, dated June 28, 1995 and approved by District Resolution 95-29. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute a Certificate of Acceptance of a Quitclaim Deed, on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of election to retain ownership of the subject property 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 $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$251,000 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. I Proposed General Convention Acquisition tR Ri ti s •�,� L r; 1 ( u5 _ Pr , ..�oPosed Geriera Convention Acquisition z ? J 161.7 acres ij 0 2000 4000 6000 Feet EXHIBIT 1 Open Space 1 R-95-68 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-16 June 28, 1995 AGENDA ITEM f ' Proposed Addition of the General Convention Property to the Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS Y-1 !- 1. Adopt the attached resolution authorizing approval and acceptance of the Purchase Agreement - Defeasible Fee for the General Convention property. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Sierra Azul Open Space Preserve. 3. Indicate your intention to withhold dedication of the property as public open space at this time. 4. Determine that the recommended actions are categorically exempt from CEQA as set out in this report. DESCRIPTION (see attached map) The 162-acre General Convention property is adjacent to Sierra Azul Open Space Preserve and near Lake Elsman in the Los Gatos Creek watershed. The property and surrounding preserve form an expansive area of open space, providing the scenic backdrop to the neighboring community along Summit Road. In addition to the property's scenic qualities, it provides valuable wildlife and watershed protection. The site is bounded in part by District lands to the west, north, and east; San Jose Water Company lands to the west, east, and south; and private property to the west and northeast. The terrain is generally very steep, with the exception of the upper portion of the site where there is a prominent hilltop with gentle sideslopes. The lower portion of the property is densely vegetated with redwoods, Douglas firs, and maples in the deeper ravines. The ridgetops and south-facing slopes were included in the burned area of the 1985 Lexington Hills fire and are in a state of transition from grassland to a chaparral plant community. The property is undeveloped and an overgrown roadbed crosses the northwest corner, originatingon P Pe Y P� g District land near Wrights Station. This road could potentially provide a loop trail connection with other existing trails in the area. USE AND MANAGEMENT PLAN Planning Considerations The property is in the unincorporated area of Santa Clara County zoned hillside, requiring 20 to 160 acre minimum lot size. The property is rated in the District's Master Plan as having low to moderately high 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 415-691-1 200 • FAX:415-691-0485 • E-mail: mrosdw^netcom.com 8 Board or Directors:Pete Siemens, Mary C. Davey. Teena Henshaw,Ginnv Babbitt, tsonette Hanko, Betsy Cro�%der.Wim de Wit Genera! vanager:L.Craig Britton R-95-68 Page 2 composite open space values. The site is particularly important in terms of protecting natural vegetation, watershed, viewshed, and wildlife habitat. Preliminary Use andManagement Plan Recommendations Dedication: Indicate your intention to withhold dedication of the property at this time. Name: Name the property as an addition to the Sierra Azul Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Site Emphasis Description: Conservation Management Unit (CMU) Public Safety Review: Staff performed a preliminary inspection of the site and found no public safety hazards. CEQA DETERMINATION The acquisition falls within a list of classes of projects which have been determined not to have a significant effect on the environment and are therefore categorically exempt from the requirement for the preparation of environmental documents under CEQA (the California Environmental Quality Act). The recommended actions are categorically exempt from CEQA under Sections 15316 and 15325 of the CEQA Guidelines. Section 15316 exempts the acquisition of land in order to create parks, if the site is in a natural condition. Section 15325 consists of acquisition to preserve open space. This acquisition qualifies under both sections. The actions are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND FUNDING i I The ultimate purchase price for the property would be $226,000 ($1400 per acre) for this mountainous quarter section of land. This transaction is a "defeasible fee* acquisition, which means that as long as the District pays the $10,000 annual fee, the District retains and manages the property. At the end of five years when the District's financial situation has improved (hopefully), the District would be required to either pay for the property or deed it back to the owners. In the anticipated event of completing the acquisition, one-half of the annual payments would be applicable against the purchase price. On that basis, the lost annual payments of$25,000 amount to a 2.2% interest rate during the defeasance period. Prepared by: Del Woods, Senior Planner Contact person: L. Craig Britton, General Manager Regional Open !, ace 1 ^.��A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-82 Meeting 00-15 June 14,2000 AGENDA ITEM 5 AGENDA ITEM Calling of District Elections in Wards 3,4 and 7 and Requests for Election Administration and Consolidation Services from Santa Clara and San Mateo Counties ASSISTANT GENERAL MANAGER'S RECOMMENDATIO :the 1. Adopt the attached Resolution of the Board of Directors Midpeninsula Regional Open Space District Calling Election and Requesting Election Administration and Consolidation Services-Santa Clara County for Wards 3 and 4. 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election Administration and Requesting Election Consolidation Services-San Mateo County for Ward 7. 3. Reconfirm Section 2.12 of your Rules of Procedure regarding a maximum of 200 words per candidate statement and payment of candidates'statements in those wards where two or more candidates have qualified to appear on the ballot. 4. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Not Listing Any Unopposed Candidate for Election on the November 7,2000 Ballots of Santa Clara County and San Mateo County. DISCUSSION Voters in three of the District's seven wards are scheduled to elect Directors this November. The wards and their current Directors are: Ward General Description Incumbent 3 Portion of Sunnyvale(north of J. Cyr Fremont Avenue) 4 Mountain View,the Moffett Field D.Little Area,and North Los Altos(bounded Appointed incumbent by Adobe Creek,Foothill Expressway) (Ward 4 filled by appointment in November 1998.) i 7 San Carlos,Redwood City,and K.Nitz Palomar Park Area The attached map(Exhibit A)shows schematically the current ward boundaries. 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 •Genera!Manager:L.Craig Britton i R-00-82 Page 2 Calling Election-Requesting Consolidation Services and Other Election Services-In preparation for the November 7,2000 general election,it is necessary for you to call an election in the District and request election consolidation services from Santa Clara and San Mateo Counties. The nomination period for the election will open on Monday,July 17 and close on Friday,August 11. If an incumbent who is eligible fails to file for reelection,the voters have until 5:00 P.M.on August 16 to nominate candidates other than the incumbent. In past years the District has maintained the unusual practice of providing most of the election services for candidates;no other special district in either County has performed election services for candidates. This year we are proposing to request that the election officials of each County be authorized to render all election services for the District,including publication or posting of notice of election;issuing nomination documents to candidates;accepting the filing of the nomination documents for candidates;verifying circulators' signatures;checking registrations;and issuing certificates of election. This practice would be in keeping with the normal practice for all other special districts in both counties. Payment of Candidate Statements-200 Word Maximum-The District Clerk must also relay to the Registrar of Voters in each County the Board's policy regarding payment of candidate statements and number of words to be included in each statement. Section 2.12 of your Rules of Procedure states that in those wards where two or more candidates have qualified to appear on the ballot,candidates'statements of qualifications, (and,if provided by the respective county for county candidates,Spanish translations of candidates'statements for those requesting them)up to a maximum of 200 words,shall,if requested,be provided by the District at its expense pursuant to the Elections Code of the State of California,and no such candidate shall be billed for availing himself or herself of these services. Opting Not to Permit Candidates Running Unopposed to Have Their Names Appear on the Ballot- Section 5532(e)of the District enabling legislation(Public Resources Code)states in part that"The board of directors may permit the candidates running unopposed to have their names appear on the ballot,at the board's option. Section 2.12 of your Rules of Procedure(Unopposed Candidates and Candidates'Statements)has not been amended to incorporate the"at the board's option"language and reads"in the case where there is a single candidate qualified to appear on the ballot,such candidate shall be permitted to have his or her name on the ballot at no cost to the candidate." In past election years,the Board has opted not to list unopposed candidates due to the expense involved. In the interests of financial conservancy,the Board may wish to exercise its option not to list any unopposed candidates on the ballot for the 2000 election. In anticipation of your continuing this practice,the required resolution is also attached. District election costs for Wards 3,4,and 7 are estimated to be$68,000($40,000 for Santa Clara County and $28,000 for San Mateo County)if all candidates are opposed. Prepared by: Deirdre Dolan,Administration and Human Resources Manager Contact person: P Same as above I RESOLUTION NO. 00-35 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING ELECTION AND REQUESTING ELECTION ADMINISTRATION AND CONSOLIDATION SERVICES -SANTA CLARA COUNTY WHEREAS, in accordance with Section 5530 of the Public Resources Code, a Biennial Governing Board Member Election has been ordered to be held on Tuesday, November 7, 2000 in the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT of Santa Clara County for the purpose of electing two(2) Directors of the Governing Board of the District; and WHEREAS, pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, such election may be either completely or partially consolidated; NOW, THEREFORE, THE Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Section 5530, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of two (2) members of the Board of Directors of the District in Wards 3 and 4 on Tuesday, November 7, 2000. 2. That said election be consolidated with the statewide general election and all other elections to be held in Santa Clara County on said date. 3. That the election precincts, polling places, voting booths, and election officials in each of the precincts shall, to the extent practicable, be the same as provided for the statewide election on said date, as prescribed by the ordinance, order, resolution, or notice of the Board of Supervisors of said County calling, providing for or giving notice of such other election and which sets forth such precincts, voting booths, polling places and election officials. 4. That the Board of Supervisors of Santa Clara County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 5. The Board of Directors further requests and designates, pursuant to Election Code Section 10002, the County election official(s) be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County election official(s) in conducting elections and shall also include services normally performed by the District Clerk. The County election officials shall be designated and authorized to perform said services on behalf of the District Clerk. Said services shall include, but not be limited to: publication or posting of notice of election; issuing nomination documents; filing the nomination documents; verifying circulators' signatures; checking registrations; printing and mailing ballots, ballot arguments, candidates' statements; hiring election officers and arranging for polling places; providing and distributing election supplies; and issuing certificates of election. 6. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this resolution to the Board of Supervisors of the County of Santa Clara, and to appropriate County election officials of said County. RESOLUTION NO. 00-36 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING ELECTION AND REQUESTING ELECTION ADMINISTRATIOIN AND CONSOLIDATION SERVICES- SAN MATEO COUNTY WHEREAS, in accordance with Section 5530 of the Public Resources Code, a Biennial Governing Board Member Election has been ordered to be held on Tuesday, November 7, 2000 in the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT of San Mateo County for the purpose of electing one (1) Director of the Governing Board of the District; and WHEREAS, pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, such election may be either completely or partially consolidated; NOW, THEREFORE, THE Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Section 5530, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of one (1)member of the Board of Directors of the District in Ward 7 on Tuesday, November 7, 2000. 2. That said election be consolidated with the statewide general election and all other elections to be held in San Mateo County on said date. 3. That the election precincts, polling places, voting booths, and election officials in each of the precincts shall, to the extent practicable, be the same as provided for the statewide election on said date, as prescribed by the ordinance, order, resolution, or notice of the Board of Supervisors of said County calling, providing for or giving notice of such other election and which sets forth such precincts, voting booths, polling places and election officials. 4. That the Board of Supervisors of San Mateo County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 5. The Board of Directors further requests and designates, pursuant to Election Code Section 10002, the County election official(s) be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County election official(s) in conducting elections and shall also include services normally performed by the District Clerk. The County election officials shall be designated and authorized to perform said services on behalf of the District Clerk. Said services shall include, but not be limited to: publication or posting of notice of election; issuing nomination documents; filing the nomination documents; verifying circulators' signatures; checking registrations; printing and mailing ballots, ballot arguments, candidates' statements; hiring election officers and arranging for polling places; Providing and distributing election supplies; and issuing certificates of election. 6. The General Manager of the District is hereby authorized to reimburse the County in ftffl for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this resolution to the Board of Supervisors of the County of San Mateo, and to appropriate County election officials of said County. RESOLUTION NO. 00-37 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING NOT LISTING ANY UNOPPOSED CANDIDATE FOR ELECTION ON THE NOVEMBER 7, 2000 BALLOTS OF SANTA CLARA COUNTY AND SAN MATEO COUNTY WHEREAS, The District's enabling legislation states that the Board of Directors may opt not to permit candidates running unopposed to have their names appear on the ballot, NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does hereby opt not to list any unopposed Ward 3, 4 and/or 7 candidate for election on the November 7, 2000 ballots of Santa Clara and San Mateo Counties. Millbrae l" \� we1PnE RD e Decoto i Lake Burlingame •��° o .I " nion Dist. 1n Lake +�`N I , �sanmPlso PI. 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Exhibit A -' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amended 6/94 IAIAor-1 QnIIn1nAQIr-c Regional Open , . ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-78 Meeting 00-15 June 14, 2000 AGENDA ITEM 6 AGENDA ITEM Application for a Land and Water Conservation Fund Program Grant to Construct a Segment of Bay Area Ridge Trail and Parking Area at Long Ridge Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categoricall exempt from the California Environmental Quality Act (CEQA). 2. Adopt the attached resolution approving the application to the Land and Water Conservation Fund Program for a matching grant of$30,105 to construct a segment of the Bay Area Ridge Trail and parking area at Long Ridge Open Space Preserve. DISCUSSION The Land and Water Conservation Fund Program (LWCF) provides assistance to federal agencies as well as the 50 states and 6 U.S. territories. The money allocated may be used for statewide planning and for the acquisition and development of outdoor recreation areas and facilities. The program is administered by the National Park Service (NPS), who in 1965 designated a 25-year period for the program. It was extended for another 25-year period in 1990 and will now end in January 2015. Under the provisions of the California Outdoor Recreation Resources Plan Act of 1967, the expenditure of funds allocated to California is administered by the Director of the State Department of Parks and Recreation (DPR). The local agencies' share of available funds is divided on the basis of population between northern (40%) and southern California (60%). Local agencies eligible for funding are counties, cities, recreation and park districts and special districts with authority to acquire, develop, operate, and maintain public park and recreation areas. Priority will be given to projects that provide for trail hiking and nature study areas within a recreational trail corridor as well as regional trail connections within the area. The construction of a hiking and equestrian-only segment of the Bay Area Ridge Trail at Long Ridge Open Space Preserve should be an excellent candidate for the LWCF because it will allow for safe and equal use of the Ridge Trail along the Skyline corridor while providing a connection to other regional trails including the Skyline-to-the-Sea Trail. Project Description (see Exhibit A) In 1994, the District obtained a Land and Water Conservation Fund grant to assist in purchasing the 116-acre former Sempervirens Fund parcel located at the southeast extent of Long Ridge Open Space Preserve at Saratoga Gap. The Sempervirens Fund property was purchased in June 1995 (see report R- i 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org Hoard of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz •General Mawger:L.Craig Britton R-00-78 Page 2 95-77). The grant also funded the purchase of a trail easement over a portion of the adjacent Paul property with the intent of linking the trails at Long Ridge with the Skyline-to-the-Sea Trail at Castle Rock State Park. The District has since purchased the Paul property in May 1997 (see report R-97-59), and the proposed development of a trail linking District preserves with the Skyline-to-the-Sea Trail remains a highly desirable connection. The District will apply for a 50% matching grant in the amount of$30,105 to construct an approximately one and three-quarter-mile (1.75) segment of Bay Area Ridge Trail and a parking area that will accommodate approximately ten automobiles at the southeast corner of Long Ridge Open Space Preserve off State Highway 9. The proposed alignment for the 4-foot to 6-foot wide hiking and equestrian trail will begin at the Hickory Oaks Trail near gate LR01, and will pass southeasterly along the upper reaches of the Oil Creek watershed. The generally south-facing slopes of the area are characterized by mixed evergreen forest on the upper slopes, yielding to redwoods in the damp, lower parts of the canyon. As the proposed alignment passes through the eastern half of the former Paul property, it reaches a distinctive, grassy meadow that borders the Skyline Boulevard frontage, offering dramatic views of the Oil Creek drainage, Butano Ridge, and the Pacific Ocean. Consistent with the topography, the trail will continue to extend southeast past the Saratoga Summit Fire Station and eventually link with an historic timber haul road that traverses the former Sempervirens Fund property. This proposed connection will provide a continuous trail link between the Long Ridge trails and the Skyline-to-the-Sea Trail, a hiking (and part equestrian) route. Located at the junction of the proposed Ridge Trail alignment and the Skyline-to-the-Sea Trail, the proposed lot will provide much needed parking for the area since the nearest Caltrans Vista Point parking lot is usually filled to capacity by late morning on most weekends. The location of this proposed lot is also a designated crossing for the Skyline-to-the-Sea Trail where it connects with the Castle Rock State Park trail system via the Saratoga Toll Road Trail. The parking area will accommodate approximately ten cars and the District will install mapboards and trailhead signs at this location to provide users with preserve information. The existing segment of the Bay Area Ridge Trail, located at Saratoga Gap Open Space Preserve and Upper Stevens Creek County Park, is heavily used by mountain bicyclists. In the past few years, numerous complaints have been received from hikers and equestrians about the heavy bicycle traffic on portions of this narrow trail. The proposed route would allow hikers and equestrians to avoid the faster bicycle traffic on the Ridge Trail east of Skyline Boulevard and provide a continuous route when connected with the Skyline-to-the-Sea Trail, which is also a hiking and equestrian-only trail. This designation will be further examined and staff will return to the Board with a Use and Management recommendation. CEQA COMPLIANCE It has been concluded 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 15304 and 15311 as follows: R-00-78 Page 3 Section 15304 exempts minor grading and clearing of vegetation in order to provide four to six-foot wide trails. Grades for the proposed trail will generally be less than 10% and drainage features will be designed to minimize soil erosion. Section 15311 exempts the construction of small parking lots and on-premise signs to existing commercial, industrial, or institutional facilities. The proposed gravel-surfaced parking area will accommodate approximately ten cars and will be fenced and gated. Prepared by: Douglas Vu, Open Space Planner Contact Person: Same as above I i RESOUTION NO. 00-38 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE BAY AREA RIDGE TRAIL CONNECTION AT SARATOGA SUMMIT GATEWAY PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for administration of the program within the state, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the state; and WHEREAS, the proposed Bay Area Ridge Trail Connection at Saratoga Summit Gateway project is consistent with the Statewide Comprehensive Recreation Resources Plan: California Outdoor Recreation Plan - 1994; and WHEREAS, the project must be compatible with the land and use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby: Approves the filing of an application for Land and Water Conservation Fund assistance; and Certifies that said agency has matching funds from Midpeninsula Regional Open Space District's General Fund and can finance 100 percent of the project, half of which will be reimbursed; and Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and Appoints the Acting General Manager as agent of the Midpeninsula Regional Open Space District to conduct all negotiations and execute and submit all documents, including, but not limited to applications, agreements, amendments, billing statements and so on which may be necessary for the completion of the aforementioned project. LONG RIDGE OPEN SPACE PRESERVE 0.4 • ��A 4 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0 I-ongR• ( �4a' 4) id a , 1 One Mile o.s as go-` Stevens,Creek COunty4P,ark ;` ;' 1600 rtQ�Q ro 0.1 1800 �,�I �Qd �o O d 020 0.7 LRoz) • SARATO((GA GAP 0.2 0.4 •�ck°ry Da,� o.s OPEN SPACE 0.3 PRESERVE �t 0.3 dam, O• 0.3 0• � f �o� 2600 . 0.1 0.2 �eut O• 2400 too,♦ A —� 2200 ♦1 aJ g� 2000 2000 ♦1♦♦f �'C 1800 LONG RIDGE zzoo OPEN SPACE 2 PRESERVE ♦�'�� J 1600 0♦ 1.7 2400 ;gyp a00 �® Cd lrarf Saratoga Gap PROPOSED TRAIL Vista Point..c 2000 �•••RPd a! Skyline-to-the-SPA�T�a l •• ~ 0. 2200 •oj«R13> ..,�,� PROPOSED PARKING AREA ^a•• �,,�� ti t • �� Castle Rock State Park EXHIBIT A: PROJECT LOCATION MAP Regional Open " .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-83 Meeting 00-15 June 14, 2000 AGENDA ITEM 7 AGENDA ITEM Authorization for the General Manager to Pay Relocation Expenses Up to a Maximum of$2,500 for Newly Recruited Management Employees ASSISTANT GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to pay up to $2,500 in relocatio expenses for newly recruited management employees. DISCUSSION It is to the District's advantage to have management employees live in relatively close proximity to the District. In the current recruiting environment it is a frequent necessity for employees to relocate to this area. The General Manager would like authority to offer payment of relocation expenses for newly recruited management employees up to a maximum of$2,500. This amount can be accommodated within the current budget. Prepared by: i D. Dolan, Administration & Human Resources Manager i Contact person: L. Craig Britton, General Manager I I i 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton Claims No. 00-11 Meeting 00-15 Date: June 14, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1971 300.00 Aaron's Septic Tank Service Sanitation Services 1972 358.26 Acme&Sons Sanitation Sanitation Services 1973 134.41 ADT Security Services Alarm Service 1974 141.50 All Laser Service Laser Printer Maintenance 1975 127.04 Artech Laminating Lamination Supplies 1976 15.97 AT&T Telephone Service 1977 43.77 Barron Park Supply Co. Field Supplies 1978 328.82 The Bicycle Outfitter Patrol Bicycle Maintenance 1979 158.50 Bill's Towing&Recovery Towing Services 1980 275.34 California Water Service Company Water Service 1981 302.02 Cascade Fire Equipment Company Fire Gear 1982 24.00 *1 Chicago Title Company Tide Insurance 1983 106.24 Coastal Tractor Replacement Parts for Tractor 1984 138.57 Cole Supply Co., Inc. Janitorial Supplies 1985 615.00 Compurun Systems Computer Consultant Services 1986 2311.t 5 Costco Wholesale Office Supplies and Membership 247.15 1987 25.00 Jim Davis Automotive Vehicle Smog Check 1988 3,714.15 Mary de Beauvieres Contract Planning Services 1989 65.00 Decatur Electronics, Inc. Radar Unit Servicing 1990 587.00 Eccles Engineering Consulting--Engineering Services 1991 21,533.21 Environmental Science Associates Environmental Studies--El Sereno--Acq. 1992 161.98 Federal Express Express Mail Service 1993 232.48 Forestry Suppliers, Inc. Forest Monitoring Supplies 1994 36.36 Foster Brothers Field Supplies 1995 55.21 G&K Services Shop Towel Service 1996 1,434.57 Gardenland Power Equipment Field Supplies 1997 2,564.81 Sandy Gimbal Sommer, Landscape Architect Consultant-Landscape Architecture/Planning 1998 408.75 Goodco Press, Inc. Booklet Printing-Spaces&Species 1999 780.00 GreenInfo Network Data Development Map 2000 18,425.88- Harbor Printing Newsletter Printing 17,019.75 2001 298.77 Interstate Traffic Control Products Bridge Project Materials 2002 147.20 Jobs Available, Inc. Recruitment Advertisement 2003 18.40 Keeble&Shuchat Photography Slide Developing 2004 1,238.54 Kinko's Printing Services 2005 151.69 Lab Safety Supply Safety Supplies 2006 800.83 *2 Lanier Worldwide, Inc. Copier Lease 2007 1,858.42 Lanier Worldwide, Inc. Toner&Copy Servicing 2008 8.53 Life Assist First Aid Supplies 2009 115.06 Los Altos Garbage Company Garbage Service 2010 216.86 Los Altos Typewriter Typewriter Repair Service 2011 447.61 *3 Lucent Technologies Phone Lease 2012 244.75 *4 Lucent Technologies Phone Service Agreement 2013 2,800.00 Macias, Gini&Company Auditors Installment Payment 2014 284.68 *5 MCI Telephone Service 2015 195.83 MetroMobileCommunications Radio Maintenance&Service 2016 1,175.00 Micro Accounting Solutions Computer Consultant Services Page 1 Claims No. 00-11 Meeting 00-15 Date: June 14, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2017 43.84 Ken Miller Reimbursement--Field Supplies 2018 102.38 Minton's Lumber&Supply Field Supplies 2019 215.00 National Recreation&Park Association Membership Renewal 2020 1,112.15 Navarone Mailing Services Annual Report Mailing 2021 25.98 Noble Ford Tractor, Inc. Tractor Supplies 2022 41.73 Northern Energy Propane Service 2023 402.50 North American Title Company Escrow&Title Services 2024 241.64 Pacific Bell Telephone Service 2025 25.00 Palo Alto Utilities Utility Service 2026 704.83 PIP Printing Printing Services 2027 1,651.11 Rana Creek Habitat Restoration Restoration Seed-Skyline Preserves 2028 14.26 Rancho Hardware Field Supplies 2029 448.01 Redwood General Tire Co., Inc. Tires 2030 3,000.00 Reserve Account-Pitney Bowes Credit Corp. Postage 2031 1.07 Rich's Truck Tire Service Vehicle Part 2032 2,742.58 Roy's Repair Service Vehicle Maintenance&Repairs 2033 88.50 Safety-Kleen Solvent Tank Service 2034 60.00 David Sanguinetti Reimbursement--Membership Dues 2035 82.66 San Jose Mercury News Bid Request Advertisement-Truck Bodies 2036 142.94 Shell Oil Fuel 2037 27.00 Sequoia Analytical Paint Testing 2038 224.48 Seton Safety Supplies 2039 238.15 Silacci's Feed Barn, Inc. Gates 2040 118.50 Skyline County Water District Water Service 2041 748.01 Summit Uniforms Uniforms 2042 85.00 Sunnyvale Ford Vehicle Maintenance 2043 625.00 Systems for Public Safety Personal History Investigation-Recruitment 2044 7831.51 2M Associates Coastal Annexation Planning Services 2045 180.05 Tufnut Works Field Supplies 2046 17.42 Union 76 Fuel 2047 103.00 Verio/Best Internet Internet Provider 2048 42.29 Verizon Wireless Messaging Services Pager Service 2049 348.75 West Group Payment Center Legal On-Line Service 2050 217.00 Whitmore, Johnson&Bolanos Legal Services 2051 109.51 Wolf Camera Photography Services 2052 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Security Services 2053 71.00 Del Woods Reimbursement--Computer Supplies 2054R 560.60 L. Craig Britton Reimbursement-Parks Forum/Baltimore MD 2055R 200.00 Garth Gilchrist Deposit-Volunteer Event Entertainment 2056R 674.61 Home Depot Field Supplies 2057R 686.81 Office Depot Office Supplies 2058R 553.05 Ken Nitz Reimbursement-Parks Forum/Baltimore MD 2059R 36.00 Sue Schectman Reimbursement-Conference/League of CA. 2060R 1370.88 Orchard Supply Hardware Field Supplies 206IR 1905.78 VISA 358.52 Field Supplies 1399.54 Training&Conferences 120.70 Business Meeting Expense 27.02 Office Supplies Page 2 Claims No. 00-11 Meeting 00-15 Date: June 14, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT It Amount Name Description 2062R 201,000.00 First American Title Company General Convention Acquisition 2063R 567.94 Petty Cash Office supplies, Field Supplies, Nature Center Supplies, Local Business Meeting Expense and Vehicle Expense Total 291,825.55 *1 Urgent Check Issued June 6, 2000 *2 Urgent Check Issued June 1, 2000 *3 Urgent Check Issued June 1, 2000 *4 Urgent Check Issued June 1, 2000 *5 Urgent Check Issued June 1, 2000 In the event the Agenda Item is not approved, this claim Page 3 Claims No. 00-11 Meeting 00-15 Date: June 14, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1971 300.00 Aaron's Septic Tank Service Sanitation Services 1972 358.26 Acme&Sons Sanitation Sanitation Services 1973 134.41 ADT Security Services Alarm Service 1974 141.50 All Laser Service Laser Printer Maintenance 1975 127.04 Artech Laminating Lamination Supplies 1976 15.97 AT&T Telephone Service 1977 43.77 Barron Park Supply Co. Field Supplies 1978 328.82 The Bicycle Outfitter Patrol Bicycle Maintenance 1979 158.50 Bill's Towing&Recovery Towing Services 1980 275.34 California Water Service Company Water Service 1981 302.02 Cascade Fire Equipment Company Fire Gear 1982 24.00 *1 Chicago Title Company Title Insurance 1983 106.24 Coastal Tractor Replacement Parts for Tractor 1984 138.57 Cole Supply Co., Inc. Janitorial Supplies 1985 615.00 Compurun Systems Computer Consultant Services 1986 237.15 Costco Wholesale Office Supplies and Membership 1987 25.00 Jim Davis Automotive Vehicle Smog Check 1988 3,714.15 Mary de Beauvieres Contract Planning Services 1989 65.00 Decatur Electronics, Inc. Radar Unit Servicing 1990 587.00 Eccles Engineering Consulting--Engineering Services 1991 21,533.21 Environmental Science Associates Environmental Studies--El Sereno--Acq. 1992 161.98 Federal Express Express Mail Service 1993 232.48 Forestry Suppliers, Inc. Forest Monitoring Supplies 1994 36.37 Foster Brothers Field Supplies 1995 55.21 G&K Services Shop Towel Service 1996 1,434.57 Gardenland Power Equipment Field Supplies 1997 2,564.81 Sandy Gimbal Sommer, Landscape Architect Consultant-Landscape Architecture/Planning 1998 408.75 Goodco Press, Inc. Booklet Printing-Spaces&Species 1999 780.00 GreenInfo Network Data Development Map 2000 18,423.88 Harbor Printing Newsletter Printing 2001 298.77 Interstate Traffic Control Products Bridge Project Materials 2002 147.20 Jobs Available, Inc. Recruitment Advertisement 2003 18.40 Keeble&Shuchat Photography Slide Developing 2004 1,238.54 Kinko's Printing Services 2005 151.69 Lab Safety Supply Safety Supplies 2006 800.83 *2 Lanier Worldwide, Inc. Copier Lease 2007 1,858.42 Lanier Worldwide, Inc. Toner&Copy Servicing 2008 8.53 Life Assist First Aid Supplies 2009 115.06 Los Altos Garbage Company Garbage Service 2010 216.86 Los Altos Typewriter Typewriter Repair Service 2011 447.61 *3 Lucent Technologies Phone Lease 2012 244.75 *4 Lucent Technologies Phone Service Agreement 2013 2,800.00 Macias, Gini&Company Auditors Installment Payment 2014 284.68 *5 MCI Telephone Service 2015 195.83 MetroMobileCommunications Radio Maintenance&Service 2016 1,175.00 Micro Accounting Solutions Computer Consultant Services 2017 43.84 Ken Miller Reimbursement--Field Supplies 2018 102.38 Minton's Lumber&Supply Field Supplies 2019 215.00 National Recreation&Park Association Membership Renewal Page 1 Claims No. 00-11 Meeting 00-15 Date: June 14, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2020 1,112.15 Navarone Mailing Services Annual Report Mailing 2021 25.98 Noble Ford Tractor, Inc. Tractor Supplies 2022 41.73 Northern Energy Propane Service 2023 402.50 North American Title Company Escrow&Title Services 2024 241.64 Pacific Bell Telephone Service 2025 25.00 Palo Alto Utilities Utility Service 2026 704.83 PIP Printing Printing Services 2027 1,651.11 Rana Creek Habitat Restoration Restoration Seed-Skyline Preserves 2028 14.26 Rancho Hardware Field Supplies 2029 448.01 Redwood General Tire Co., Inc. Tires 2030 3,000.00 Reserve Account-Pitney Bowes Credit Corp. Postage 2031 1.07 Rich's Truck Tire Service Vehicle Part 2032 2,742.58 Roy's Repair Service Vehicle Maintenance&Repairs 2033 88.50 Safety-Kleen Solvent Tank Service 2034 60.00 David Sanguinetti Reimbursement--Membership Dues 2035 82.66 San Jose Mercury News Bid Request Advertisement-Truck Bodies 2036 142.94 Shell Oil Fuel 2037 27.00 Sequoia Analytical Paint Testing 2038 224.48 Seton Safety Supplies 2039 238.15 Silacci's Feed Barn, Inc. Gates 2040 118.50 Skyline County Water District Water Service 2041 748.01 Summit Uniforms Uniforms 2042 85.00 Sunnyvale Ford Vehicle Maintenance 2043 625.00 Systems for Public Safety Personal History Investigation-Recruitment 2044 7831.51 2M Associates Coastal Annexation Planning Services 2045 180.05 Tufnut Works Field Supplies 2046 17.42 Union 76 Fuel 2047 103.00 Verio/Best Internet Internet Provider 2048 42.29 Verizon Wireless Messaging Services Pager Service 2049 348.75 West Group Payment Center Legal On-Line Service 2050 217.00 Whitmore, Johnson&Bolanos Legal Services 2051 109.51 Wolf Camera Photography Services 2052 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Security Services 2053 71.00 Del Woods Reimbursement--Computer Supplies Total 85,664.02 *1 Urgent Check Issued June 6, 2000 *2 Urgent Check Issued June 1, 2000 *3 Urgent Check Issued June 1, 2000 *4 Urgent Check Issued June 1, 2WO *5 Urgent Check Issued June 1, 20W Page 2 I I Regional Open Space -- -- Z- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C. Britton, General Manager Date: June 14,2000 Re: FYIs I I I I 330 Distel Circle • Los Altos,CA 94022-1404 Phone: 650-691-1200 I Fax: 650-691-0485 • E-mail: mrosdC&openspace.org Web site: www.openspace.org I I I WASHINGTON OFFICE COMMITTEE ON COMMERCE 205 CANNON BUILDING SUBCOMMITTEES: WASHINGTON, DC 20515-0514 Anna (6• Eabojo TELECOMMUNICATIONS,TRADE,AND (202)225-8104 CONSUMER PROTECTION FAX(202)225-8890 140 District, Talifornin HEALTH AND ENVIRONMENT http://www.house.gov/eshoo Tangreso of tbe Htfiteb *tates WHIP AT LARGE CO-CHAIR iDISTRICT OFFICE Mouse of Representatives MEDICAL TECHNOLOGY CAUCUS 698 EMERSON STREET �p��r VICE-CHAIR PALO ALTO, CA 94301 Washington, 13T 20515-0514 DEMOCRATIC BUDGET GROUP (650)323-2984 CO-CHAIR (408)245-2339 DEMOCRATIC ADVISORY GROUP FAX(650)323-3498 ON HIGH TECHNOLOGY May 30, 2000 � � 2 O �p l52 I p 15 U Mr. L. Craig Britton, General Manager Midpeninsula Regional Open Space District ;' J U N - 7 330 Distel Circle Los Altos, California 94022 MIOPENINSULA REGIONAL OPEN SPICE DISTRICT Dear Craig, -CE Knowing of your interest and advocacy for protecting our environment, I'd like to take a moment to tell you about some of my work this year in the Congress: • I'm proud to have reintroduced the Act to Save America's Forests which will protect native biodiversity on federal forest lands. The Act to Save America's Forests is a dramatic and bold change in direction in how we as a nation protect and treat our public lands. This legislation will end clearcut logging,promote more environmentally friendly and economically sustainable logging, and provide strong protection to the last remaining core areas of forest biodiversity in the United States. I shall continue to work to see that this important measure is approved by the full House. • h Land d Water Conservation Fund LWCF continues to be a Full funding for an an (LWCF) to priority of mine. As you know, Congress created the LWCF in 1964 to reserve PP Y Y g p and protect public lands. Over the past 35 years the Fund has helped to preserve nearly 7 million acres, including the Redwood National Park in California. • As a co-sponsor of H.R. 701, the Conservation and Reinvestment Act, I'm very pleased that the full House overwhelmingly passed H.R. 701 on May 111'. This lardn.ark iegisiatiun will boost important coastal restoration, wildlife recovery and parkland renewal funds by $2.8 billion annually, including full and permanent funding for the Land and Water Conservation Fund(LWCF). The Conservation and Reinvestment Act would finally provide the resources needed for some of our most important land-protection programs, including the Urban Parks Recreation and Recovery Program and open-space protection programs. • 1 recently requested through a letter to the Appropriations Committee, full funding of the LWCF this year. We shouldn't have to wait until the Conservation and Reinvestment Act becomes law to invest in the protection of important environmental areas. THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS THIS MAILING WAS PREPARED, PUBLISHED,AND MAILED AT TAXPAYER EXPENSE � I • On the endangered species front, I've sent numerous letters to the President in support of increased funding for salmon recovery on the West Coast. As you may know, West Coast salmon levels have declined to only 10-15%of what they were in the 1800's. These declines have hurt the economies of fishing-dependent coastal and rural inland communities throughout Northern California. Over twenty distinct species of salmon have been declared threatened or endangered because of decreasing populations caused by clearcutting and logging around streams, human development, decreased water quality, and loss of habitat from dams and water withdrawals. I'm happy to report that our efforts last year were successful with over$58 million being included in the budget. • MTBE contamination caused by the gasoline additive methyl tertiary butyl ether (MTBE) is an issue I've been both disturbed about and have been working on. I'm working to pass H.R. 11 which would allow California to stop using MTBE without sacrificing any air quality achievements. With over 10,000 groundwater sites in California having detectable levels of MTBE, we can't take our drinking water for granted. H.R. 11 has passed the House Commerce Subcommittee on Health and the Environment, which I'm a member of. It's important that the Congress pass this important bill so California can continue making progress on water contamination caused by MTBE in a cost-effective and timely manner. • I continue to rail and vote against anti-environmental riders attached to the budget. I'm happy to report that last year we were successful in fighting back these misguided riders. Many of us stood firm at every turn to oppose this backdoor method of legislating and the President followed through on his veto threats where needed. In the end, the Republican majority relented by taking out or significantly weakening the worst of the anti-environmental riders in the budget. I'll continue to fight against efforts to weaken protections we now have. Do continue to inform me on issues you care about. I always need and welcome the benefit of your thoughts and ideas and if you have any questions or comments on the above, let me hear from you. Sincerely, Ann shoo ember of Congress I Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 7, 2000 Ms. Mary Zvirblis 275 Martinez Road Woodside, CA 94062 Subject: Scheduling Use and Management Plan Workshop for Thomewood Open Space Preserve Dear Ms. Zvirblis: I have received your letter regarding the scheduling of a public workshop to discuss use and management issues at Thomewood Open Space Preserve. It is our intent to schedule this meeting in the near future and will accommodate the dates you have provided to us. We apologize if the scheduling of this meeting has taken longer than you expected. The District has just recently taken title to the five former Procter and Collins parcels of land located near Old La Honda Road; the last parcel closed escrow on May 16, 2000 (see attached map). As is customary with new acquisitions, our staff and consultants have been actively learning as much as they can about the new parcels and surrounding area so that we have enough baseline information to adequately discuss use and management concerns with neighbors and preserve users. Due to the complexities of the newly acquired parcels, including determining the location of the property boundaries and status of Dennis Martin Road, the learning process has been somewhat long and arduous. In addition, we have bqep meeting with the staff from the Town of Woodside to gain an understanding of local regulations, ordinances and processes that may facilitate any land use changes that may be considered as part of formulating a use and management plan. Based on the knowledge we have recently gathered, we are now prepared to schedule a public workshop to further our understanding of the site's use and management issues. We recognize that neighbors and preserve users have a great deal of insight into the changing conditions of the natural resources, and current and historical use patterns and problems. With your participation, we will be able to formulate a use and management plan that will hopefully respond to everyone's concerns and meet the Town's approval. We are currently attempting to schedule the public workshop in the early evening hours during the week of August 21. Unfortunately, scheduling a workshop prior to August is difficult because of large ongoing projects and vacation schedules. Our preference would be the first week of August, but we recognize that conflicts with the schedule you have provided in your letter. I will be contacting the Town staff to see if we can make arrangements for a meeting 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 650-691-1200 FAX: 650-691-0485 * E-mail:nirosd@openspace.org o Web site:�"%w.openspace.org Board of Directors:Pete Siemens. ',lary C. Davey,led Cvr, Deane Little,Nonette Hanko,Betsv Crowder,Kenneth C. Nitz - Genera]Alanager:L.Craig Britton room that is convenient for local residents instead of our District office. We will send you 100 meeting announcements and will be notifying all residents surrounding the preserve so I believe we can expect a fairly large turnout. If you 13ave any questions,please contact me at(650) 691-1200. Sincerely Del Woods, Senior Acquisition Planner cc: Kent Dewell, Woodside Town Engineer David Rizk, Woodside Director of Planning and Building Betsy Crowder, MROSD Board of Directors Mike Fuge, Woodside Fire Protection District THORNS OOD OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT '�.{ip 4 3ra a.'•t {IY FL, .••4Y -J%S',,: '` � i e���` � ice ,�'�a �: '�' •. 1 � 40ola `WUNDE�LICH / goo COUNT K Y PAR ' t� N 1200 1000 � 800 � 'a _ PROCTOR PARCELS 4 � .� ��,,, s• �`�� - � k� APPROX. 32 ACRES 4ldmblque Creek 'Y'0 }€y DO +I r� (TW017 nl 800 0.5 r � ga /- 1000 1200 0.2 Schiffing ti r tape O; Az ° �= 4� � h �Y- �i•`Yt rc � l2' �q"4l"a � +gi� (�1 I�' v�'. 4 6 d � s 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 One Mile EXHIBIT A: PROPERTY LOCATION ' • Peninsula Open Space Trust Board of Directors Allan F. Brown Patricia A.Compton June 13, 2000 Vince S.Garrod Sukey Grousbeck MIDPENINSULA REGIONAL OPEN Christina A.Holloway SPACE DISTRICT Robert C. Kirkwood Dianne McKenna Craig Britton Norman E.Nlatteoni General Manager David W.Mitchell Midpeninsula Regional Open Space District Bill Reller Kane Thomson 330 Distel Circle T.Chester Wang Los Altos, CA 94022 Anne M.Westerfield Advisory Council Dear Craig: Robert Augsburger James E.Baer Thank you so much for your recent support of the Peninsula Open Eleanor Boushey Sheldon Breiner,Ph.D. P s request Space Trust' to the Coastal Conservancy to implement rein Robert V.Brown conservation strategies on the 5,638-acre Cloverdale Coastal Ranch. William H.Clark,M.D. The Coastal Conservancy Board recently reviewed this project, and I Sue Crane am pleased to announce that it was fully approved for funding.Lois Crozier-Hogle pp .g Laurence Dawson Herbert J.Dengler Your whole-hearted endorsement of this project was a significant J.Philip a Napoli reason for the Board's unanimous vote for its approval. The resulting Phyllis Draper pp g Clarence J.Ferrari,Jr. $250,000 in funding will be a huge boost to POST's capacity for David L.Fletcher conservation work in San Mateo County, and will ultimately strengthen Rosemary Hewlett Patricia L.Hooper our efforts to preserve and enhance additional open space. Your long- Mary P.Hufty,M.D. standing support of our programs is greatly appreciated, and I look Suzanne B.King forward to informing you of our future successes in protecting the truly Melvin B.Lane Robert W.Nic[ntyre unique and irreplaceable landscapes of the San Francisco Peninsula. George M.Marcus Jacqueline Mayer Best Regards Robert H.Miller , Gordon E.Moore,Ph.D. Bette Moorman Janet Morris Susan P.Orr F.Ward Paine LA Paul O.Reimer Audrey C. R st Barbara Doyle Roupe Alexander H.Schilling,Jr. President Fritz Snideman Geraldine F.Steinberg Rosemary Young Lea Zaffaroni President Audrey C.Rust 3000 Sand Hill Road,4-135 Menlo Park,California 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust.org Recycled Paper 013/14/00 10:29 %T1 630 854 7703 POST 0 002 • Peninsula P Open C)P Space Trust For Immediate Release For more information contact: June 14,2000 Audrey Rust, Walter Moore, Paul Ringgold, Mary Shields, 650-854-7696 POST Acquires Whaler's Cove at Pigeon Point Will Remove Controversial Bed and Breakfast (Menlo Park) A controversial bed and breakfast under construction next to the historic Pigeon Point Lighthouse will be removed from the site by the Peninsula Open Space Trust (POST), which has purchased die scenic beachfront property for$2.65 million. POST's acquisition of the three-acre parcel, known as Whaler's Cove, was announced today by Audrey Rust, president of the Menlo Park-based land trust. The property, located 21 miles south of Half Moon Bay, near Pescadero. includes four buildings, water purification sybtusn and sewage treatment facilities, all of which will be removed. "This is a very important and symbolic purchase," Rust said. "Our goal is to preserve the extraordinary, rural character of the coast and prevent it from being compromised by building and development. The motel would have been the first commercial development west of highway 1 between Santa Cruz. County and Half Moon Bay.,. "This acquisition accomplishes several important things. It allows us to restore beach access to Whaler's Love, which was closed to public use in 1994, and remove visual obstructions from a beautiful piece of coastline. It also eliminates concerns over possible run-off from the inn's water desalination and sewage treatment plants that have significant potential to degrade the bluff and pollute the tide pools at Whaler's Cove." The facility, known as the Lighthouse Inn, was to include three bungalow-style buildings, each containing three units. While opposed by historians and �tivirunnu-nlalitits, it XV.1t :tppicwvcd in 1996 by the San Maico ('otimy 1?I:Inning Commission, Regional Water Quality Control Board and California Coastal Commission. Construction was delayed by water and sewage treatment issues, finally commencing in late 1999. The shells of the buildings had been completed before work was halted last month when POST and the previous landowner, Lighthouse Inn at Pigeon Point, LLC, reached an agreement on the terms of the sale. 3000 Sand Hill Road,4-135 Mcnlo Park,Cahforma 9.1025 T& (630)854-769b (more) Far:. (650)354-7703 www.4,p':I t.ii�I,u,t , I P.ti;dal P.ryct V/14/00 10:29 '01 650 854 7703 POST 0003 POST Page 2 Pigeon Point Lighthouse, now a State Historical Park, was established in 1872 after a series of shipwreck disasters in the area. The name, Pigeon Point,comes from the clipper ship"Carrier Pigeon"which ran aground and sank at the spot in 1853 on its maiden voyage from Boston to San Francisco. The lighthouse is now owned by the Coast Guard and leased to the California State Department of Parks and Recreation. From the lighthouse, visitors can observe migrating whales,seals,sea lions,elephant seals,and many species of seabirds. POST plans to turn the property over to the state park system, which now maintains the lighthouse and an adjacent youth hostel, which originally housed the Coast Guard personnel who manned the station from 1939— 1972, when the light was automated. Before bulldozing the structures,POST will attempt to recycle the four buildings for other possible uses,such as crivirojunemal education or farm labor housing. While this property is much smaller than many recent POST acquisitions,Rust regards it as one of the organization's most significant. "We've been attempting to acquire this property since 1993," she said. "The lighthouse is a very visible-symbol of our efforts to save the coastline. The planned construction next to the lighthouse was a signal that the 'Coast is very vulnerable. The fact that we have been able to stop it gives people hope that we can work together to prevent further development_ The$2.65 million POST paid for the Whaler's Cove property was borrowed from the or-anization's land acquisition fund,moneys that Rust hopes to replace through government grants and 'private support from the community. "We need to raise$2.65 million in gifts to replenish the fund, so we have the necessary working capital in place for future land purchases."Rust said. "This is an opportunity for people who share our vision to come forward and help save the coast. There are a number of ways we can recognize their contribution at the site. POST is a private, nonprofit land and a leader in preserving the beauty and character of the Peninsula's natural resources. Since its founding in 1977, the 11C.10Y-10,000avrcs as pci-manciii opell space or parkland in San Mateo and Santa Clara Counties. For further information or photography,contact POST at(650) 854-7696. 06/14/00 10:30 '01 650 854 7703 POST (�j004 Peninsula Open Space Trust Whaler's Cove Pescadero - T... r J 1 Bean Hollow��, c State Beach 1 �a lover ale Coastal Pigeon Pointer ° Ranch Lighthouse oy Whaler's Cove Ano Nuevo State Reserve f N 0 0.5 _ 1 1.5 2 K lcC Map by Greeerdido Network � April 17,2000 Old La ff 0. Old La Honda Road Association 0 a# 1 CL Association A Coalition of Concerned Citizens (650) 851-4056 FAX (650) 851-8122 To: MROSD- Betsy Crowder, Craig Brittan, Randy Anderson, Dell Woods, Dave Sanguinetti From: Mary Zvirblis, President OLHRA RE: COMMUNITY MEETING Concerning Dennis Martin/Thornewood Property Now that the meeting (promised in April) has been delayed so long, we are now facing the summer travel period. Our Association has set up a 3 person Committee to interface with our neighbors and to deal with this issue. We request that the meeting date be set to accommodate the Committee's attendance. The following dates are not good for our OLHRA/MROSD issue Committee. We request that you please schedule the community meeting on the Dennis Martin issue to accommodate the schedule below. NO GOOD: June 5-26 July 1-12 July 19-Aug. 19 As per agreement, please mail to us 100 meeting announcements for distribution to our membership at least 2 weeks in advance of the scheduled meeting. Also allow that in the weeks of June 5-19, July 1-9 and Aug. 13-19 we can do no mailings. Thank you for your cooperation. Questions please call Mary Zvirblis, Pres. OLHRA at 851-4056. cc. Kent Dewell, Town of Woodside Mike Fuge, Chief Woodside F ire Protection District Regional Open I . ace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: J. Escobar, Assistant General Manager Date: June 9, 2000 Re: FYI's I I I i i i 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz 9 General Manager:L.Craig Britton 05-13-00 Dear Mr. Britton: District Rangers Karry Carlson and Ken Miller are to be com- mended for their actions while assisting Santa Clara County park rangers during a recent incident. On April 29, 2000, two Santa Clara County rangers were involved in breaking up a large fight at the Villa Maria picnic area at Stevens Creek County Park. Both county rangers were overwhelmed by the sheer number of participants and dealing with medical aid to the victim. Although only two females were fighting, about twenty of their male friends were taking sides. I am a deputy sheriff and was dispatched to this call. Ranger Carlson and Miller responded to assist at my request. Ranger Carlson arrived first, evaluated the situation, and used his command presence to take control of the situation. Ranger Ken Miller assisted Carlson as his back-up. I interviewed many of the participants after the fight, they said that if Ranger Carlson had not verbally taken control of the situation it would have escalated into a full-blown fight involving all twenty people. I have had the pleasure of working with both Karry Carlson and Ken Miller on other occasions as well. When dealing with the public, both Karry and Ken always represent your department in a profesr, 1 sional manor. I have high reguards for both of them, and appreciate their willingness to help others in a time of need. Y E My sincere thanks, E ID Deputy Keith White. L MiDPENINSULA REGIONAL OPEN SPACE DISTRICT _ CC: Sergeant 3. Ross, Santa Clara County Sheriff's Department. CC: E. Goodrich, Regional Supervisor, Santa Clara County Parks and Recreation Department. Page lofl Craig Brifto � From: Anne <akoletzke@openspace.org> To: Craig <cbrifton@openspace.org> Sent: Friday, . 20003:10rM � Subject: Trail Closures � � � Craig, � � While | was front i the won�onnan�edJudy Povveno vvho �ent�edheren�aaosenior � � - _—'—'�" -- ,'--- - citizen, oe��dto commend the district for closing of its trails to bicycles. Shesaid she had almost been hit Uy two cyclists stP|ochetti the other day, on had another woman she met later on the trail. This second � woman apparently spoke bo the cyclists and got rude remarks inresponse. � � � Judy added that she is also greatly concerned about the environmental damage done by bicycles. used to � � walk the District's trails with her Botanist father, and so learned a great deal about Botany from him, and she is � � very diotrubed by the damage bicycles do to the plant life beside the trails, trees included ae their roots � become more and more expoeed.. � I'm writing this to you because Mike thought you might like to include itin the FYI section nf the Board Peck��� � � � Anne � � � � � � � � � � � � � | � � | � / | / � � 5/26/00 � | Regional Open $ace Alks -------------- -._ INTER-OFFICE MEM9WWXEGIONAL OPEN SPACE DISTRICT To: C. Britton General Manager lw-w g From: M. Williams, Real Property Representative Date: June 1, 2000 Subject: Benson Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on May 12, 2000 and title to and possession of this 2.2 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of April 12, 2000. The approved use and management recommendations included authorization for the removal of a small cabin and underground storage tank on the subject property. At this point in time the storage tank is being removed and the site is being secured, but the demolition will be done later. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status (circle one) Board Approval Preserve/Area County/A.P.N. Grantor Acres Fee,Easement,or Date/Res. No. Other: Santa Clara Harry Benson 2.2 Fee 4-12-00 S ierra Aznl 1562-31-005 00-20 Mgmt. Status Dedication Date/ Type (Open, Closed, CMU, Status: Closing Date or Other: ) (Intended Purchase Price GIS Code Withheld) May 12, 2000 Closed Withheld Cash $10,000.00 Gift $50,000.00 Misc. Notes: cc: Board of Directors D. Dolan Operations Accounting Planning I F- 1 SIERRA AZUL OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT !r. ;���f//�. 1�ir .`//- 1\ ��i•'o_ \_\ � \• Lv �'�-,�---� �;�� •��>> � �L�/ W ...lr� �SIERRA.AZ�UL OPEN%SPACE\P' ESE RRVE ,' � /% Jj � , Proposed Acquisition ��.f /ram Benson 2.2 Acres Xv ��� MR EX' "RIT A -� Regional Open , ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager 1 i From: M. Williams, Real Property Representative Date: June 1, 2000 Subject: POST (Green) Property Addition to Teague Hill Open Space Preserve Escrow closed for the subject transaction on March 16, 2000 and title to and possession of this 2.38 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of February 9, 2000. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status (circle one) Board Approval Preserve/Area County/A.P.N. Grantor Acres Fee,Easement,or Date/Res. No. Other- Teague Hill San Mateo POST 2.38 Fee 2-9-00 072-093-080 00-13 Mgmt. Status Dedication Date/ Type (Open, Closed,CMU, Status: Closing Date or Other: ) (Intended Purchase Price GIS Code Withheld) 3/16/00 Open Intended Gift $675,000 Misc. Notes: cc: Board of Directors D. Dolan Operations Accounting Planning I I i r TEAGUE HILL Clk-N SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HUDDART COUNTY PARK y 1 � � �� '•�.- T °tea 3 ����-�.y; �� � �x . may, �,.•� �''~-{; �� .y,- PROPOSED ACQUISITION a � POST/GREEN PARCEL, 2.38 ACRES " TEAGUE HILL OPEN SPACE PRESERVE V A. fy ;,1 1 `tr i"t...f.- r�.!?t t ,' s.r I{���w'i �3'•b� t X�`:r�- � `.aC r.!'"- ..�� - f:; .l. � t r�r I � i�.- �. Regional Open , ,ace INTER-OFFICE MMIMPUNGIONAL OPEN SPACE DISTRICT To: C. Britton, General Manager From: M. Williams, Real Property Representative Date: June 1, 2000 Subject: Benedetti Property Addition to Pulgas Ridge Open Space Preserve Escrow closed for the subject transaction on May 12, 2000 and title to and possession of this 72.66 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance.with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of April 12, 2000. DEDICATION/ACQUISITION CHART INFORMATION Owfiership Status (circle one) Board Approval Preserve/Area County/A.P.N. Grantor Acres Fee, Easement,or Date/Res. No. Other: San Mateo Lucile Benedetti, 72.66 Fee 4-12-00 Pulgas Ridge 049-380-040 DO-18 Mgmt. Status Dedication Date/ Type— (Open, Closed, C!MU, Status: Closing Date or Other:_) (Intended Purchase Price GIS Code Withheld) May 12, 2000 Closed Intended Cash $1,270,000.00 Gift $90,000.00 L misc. Notes: cc: Board of Directors D. Dolan Operations Accounting Planning 4 ,DPENINSULl - EGIONAL OPEL . SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE San Francisco watershed Lands I - 5 Proposed Acquisition - ,,. Benedetti (72.66 ac.) :._ Opens c AVN --- --- Parcel -- - Potential " Trail Easement 'Cre - Ste% � I fPgl_jp Geraa Trail --- ./ -- - PRO - V1Sta�' Poin 1 PRO . Hassler Loop Traif ? • Blue ! ' �' _ Qpen Space F'reserv� _ - - Oak; t� Trail ;"P ooa�' Edgewo6d \ Ed e� .. County.Park Exhibit A: Property Location 0 1000_ 2000 Feet Regional Open . ,jace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 2, 2000 Sylvia Donati, Planner Santa Clara County Planning Office County Government Center East Wing, 7`' Floor 70 West Hedding Street San Jose, CA 95110 Re: Draft EIR for Carnegie Foundation Research/ Office Facility Dear Ms. Donati: District staff has reviewed the Draft Environmental.Impact Report on the Carnegie Foundation Facility. Our conclusion is that the document does not address issues of consistency with local plans or impact on biological resources, as outlined below. The project is within the area covered by a Draft Community Plan and General Use Permit application currently undergoing review by the Planning Office and the community. The proposed Carnegie Foundation Facility should not be considered separately from the Community Plan, but should follow, and be consistent with the Community Plan. To do otherwise would be in conflict with the California Environmental Quality Act (CEQA) due to segmentation of a development project. As noted in the draft document, the proposed project site is in an area with more potential for impacts on biological resources than other alternatives in the core campus ' area. The statement on page 1-3 that the proposed alternative is superior to others because of the advantageous $1 per year lease is not pertinent. Stanford could arrange such lease terms if it desired for other sites in the core campus. There is no reason why these potentially significant environmental impacts should be permitted when there are clearly alternative sites available which would have significantly less impact. Draft EIR section 2.7, consistency with adopted plans and policies, on page 2-19, does not respond to the issues of process and consistency raised by the Committee for Green Foothills letter dated September 1, 1999, written in response to the notice of preparation. In fact, the explanation of consistency does not appear to be even internally correct. If the County's slope density formula yields a density of 22.013 acres, how can a 20.05 acre parcel be consistent? Further, if a new parcel is to be created, the current project and approval process should include determination of the allowable uses on the remainder parcel. The current document does not include a map or description of the remainder parcel, except for the portion shown on the Tentative Map, Figure 2-5. This is inadequate for the project description or a tentative map. 3 10 Distel Circle . Los Alto,,, t=-\ 94022-1404 Phone: 650-691-1200 FAS:650-691-0. 85 . E-nmil: mroulisupenspa(e.ork . Weh site: wvvw.opensl).we.org Rn,trrl ��tnr f'rit Sieme��. A!xA ( i�,u e�. lerl<cr Inane Littlr \�)fettc l ix)LO. Bck� ( mmler, Kenneth('.Nit/ .C�enfr,il:�l,r�t,�.,rr:I-.C'ral�I't rlltutl Sylvia Donati June 2, 2000 Page 2 ' ICI Potential impacts include those on the federal candidate species tiger salamander. P p g Mitigation measures described on page 3.3-10 and 11 do not mitigate the potential impact on the salamander. Such protected and enhanced habitat should be occurring now as part of the "Management Agreement for the California Tiger Salamander" signed by Stanford. The proposed protected habitat and measures during construction do not ensure that the project will not cause members of this species to be taken, and that the overall population will not decline. The fact that the blue oak trees are infected with fungus and will eventually die does not mitigate the impact of their removal, either for their own value or for wildlife habitat, nor does the planting of 200 unspecified native seedlings in other locations. It is extremely unfortunate that Stanford University has chosen to consider accommodating this very worthy cause in such a deleterious location and process. The Count should not consider the proposed project outside f the context y p p p J o s o e co t t of the current Community Plan unless it is located on an already urbanized site in the core campus area. The Open Space District has taken the formal position, stated in the attached resolution, that the remaining open Stanford lands south and west of Junipero Serra Boulevard and Foothill Expressway should be protected to the greatest extent possible, that all open space subdivision or development proposals be encompassed in the current Community Plan process, and that the resulting Community Plan be consistent with the General Plans of the adjacent communities, particularly the City of Palo Alto. The Draft EIR addresses none of these concerns, and does not address other basic environmental issues. In summary, the Draft EIR does not address issues of consistency with local plans or impact on biological resources, nor does the project description adequately encompass the project. This project and its impacts should be considered in the context of the pending Community Plan, but in any case, significant additional environmental documentation is required. I appreciate your consideration of our comments, and remain available to respond to any questions. Sinc rel , n L. Craig ritton General Manager cc: MROSD Board of Directors I attachment: Resolution 00-02 I I I RESOLUTION NO, 00-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE NIIDPENINSULA REGIONAL OPEN SPACE DWMCir URGING STANFORD UNIVERSITY TO OFFER, AND SANTA CLARA COUNTY To REQUIRE, PERMANENT PROTECTION OF SIGNIFICANT OPEN SPACE AREAS IN THE STANFoRD UNIVERSITY CoNrAuNiTy PLAN WHEREAS, Stanford University provides vast economic and cultural benefits to the communities of the San Francisco Peninsula, and has correspondingly significant environmental impacts; and WHEREAS, Stanford University is subject to the same General Plan, zoning, and other land use controls and standards as any other private institution; and WHEREAS, Stanford University is currently requesting renewal of its General Use Permit from Santa Clara County, which addresses development in the 4,000-acre portion of the 8,000-acre campus which lies within unincorporated Santa Clara County; and WHEREAS, Stanford University is proposing approximately 2 million additional square feet of educational, institutional, and commercial buildings, and over 3,000 additional housing units, which will have a significant cumulative impact oa the community and the environment on the Peninsula; and WHEREAS, Stanford lands include open space lands south and west of Junipero Serra Boulevard and Foothill Expressway that provide vital recreational opportunities, an open space buffer between burgeoning urban Z' I areas, and wiidl:fe cor;ldois extending through adja----eiii parks and preserves and riparian corridors to the Santa C, Cruz Mountains and to San Francisco Bay; and WHEREAS, 71(lie NEdpeninsula Pleg-tonal Open Space District mana-7cs six open space preserves in the same 0 critical watershed as the Stanford open space lands, and has as its NfiPsion and Basic Objectives the preservation of a regional greenbelt', linking District and other key"ie]source lands; and WHEREAS, Santa Clara County has required that Stanford University prepare a Community Plan, addressing the seven required elements of a General Plan under California law; and WHEREAS, Stanford University is internationally renowned as a leader in scientific, cultural, and technical fields, and through this Plan has the opportunity to demonstrate lead;rship in the field of environmental and community planning; and WHEREAS, Stanford University submitted a draft Community Plan to Santa Clara County on November 15, 1999, that failed to provide clear definition of future use or protection of critical open space areas, and respond to other vital community concerns. i I Now,THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District urges Stanford University to offer, and Santa Clara County to require, a Community Plan that: Provides permanent protection of open space areas in sufficient proportion to mitigate the significant cumulative impact of the requested development entitlements, and reflecting the community value and environmental sensitivity of the open space lands; Responds to community input and provides a level of detail adequate for review of future plans and policies; Reflects the General Plans and zoning of the adjacent communities and San Mateo County in the Community Plan including the Urban Gr owth owth Bound f o the City of Palo Alto Boundary ,ty Requires the discretionary review of current and future projects under 5,000 square feet in areas outside the core campus; Provides a more specific and higher standard of environmental management and monitoring of current and future use, to protect resources such as creeks, unstable slopes, and archeological sites. r ✓ RESOLUTION NO.00-02 J PASSED AND ADOPTED b the Board of Directors of the Mid peninsula Regional Open Space District Y P '� P P on January 12,2000,at a regular meeting thereof, by the following vote: AYES: J. Cyr, M. Davey, K. Nitz, P. Siemens , N. Hanko, D. Little, B. Crowder NOES: None ABSTAIN: none ABSENT: None ATTEST. APPRQVED• Secretary ; Pressdent Board of Directors Board of Directors I,the DiMrict Cleric of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open space District by the above vote at a meeting thereof duly held and called on the above day. �t ter R. `- ,cti nc District Clerk f I Regional Opel. .-pace June 6,2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Mike Honda Member, California State Assembly Room 5155, State Capitol P.O. Box 942848 Sacramento, CA 94248-0001 Re: Member's Request by Assemblyman Lempert—Department of Parks and Recreation #3790; Conference Committee Agenda page 159; Issue#3790-101-000 Dear Assemblymember Honda: The Midpeninsula Regional Open Space District(MROSD)is seeking State funding for a very important trail and public recreational access project,and your support is crucial if we are to be successful. The project consists of the development and improvement of trails and public access points related to the defunct and un-used California Hiking and Riding Trail (CHRT)system. You may recall that in 1997 Assemblyman Ted Lempert authored AB 1366, subsequently signed into law,which gave MROSD and the County of San Mateo the ability to receive from the State selected easements in San Mateo County comprising the CHRT system. The District has not yet pursued these easements, choosing instead to first work toward funding that would allow future development and improvement of the related trails and staging areas. In 1998,Assemblyman Lempert successfully created a budget line item, which was deleted by then-Governor Wilson. With the current administration and improved political climate in Sacramento, Assemblyman Lempert has again made a member's request to place this funding line item in the proposed budget. We seek your support in assuring that this line item is successful in the Conference Committee and retained in the proposed budget. Assemblyman Lempert has asked for a budget line item in the amount of$450,000 in matching funds for MROSD,which will allow the District to carry out the development and improvement of the former California Hiking and Riding Trail system trails and related public access improvements. The ongoing maintenance pnd C� operation of these facilities will be funded entirely by the District. Without additional funds, the public'ntiay never have the opportunity to fully utilize these trail systems, especially in the foreseeable future. Matching(1:1)funds from the State will allow the District to take full advantage of the public access and trail-use opportunities that these trail easements and associated staging areas will provide. With these matching funds,the District can proceed with acquiring the easements and accomplish the following: 0 Improvement to or construction of up to approximately nine miles of trail to accommodate existing and new public access, including potential for approximately 5.5 miles of Bay Area Ridge Trail, utilizing the CHRT easements (estimated cost of this element: 570,000); 0 Construction of a staging area for the 2,800-acre El Corte de Madera Creek Open Space Preserve, one of the District's most-visited preserves along Skyline Boulevard in San Mateo County. This project will consist of a parking area, restrooms, visitor information map boards, new trailheads connecting to the Bay Area Ridge Trail and to the preserve's internal trail system, utilizing CHRT system easements (estimated cost of this element: $265.000); 330 Distel Circle * Los -\ltos, CA 940,'2-1404 * Phone: 650-691-1200 F-\V 650-691-0485 * E-mail: niroscf@open,;pice.org o %\eh site: %,"N%,. openspace.on., %1artC. D&­­. ledt:\r, \onette-,riko, Bet,% C- .,.dcr. Kenf,t*-C \ iz . Cvr,­.: I I June 6,2000 Honorable Mike Honda Page—2- • Construct a regional staging area for the 2,000-acre La Honda Creek Open Space Preserve, accessible from State Route 84. This preserve currently has minimal trail access points and parking. This project will consist of parking areas, restrooms, visitor information map boards, new trailheads connecting to the Bay Area Ridge Trail,to planned trails from the Skyline area to the coast, and to the preserve's internal trail system, utilizing CHRT system easements(estimated cost of this element: $580,000). The total estimated cost of the projects noted above is $915,000,and the budget request is for 1:1 matching funds of$450,000. I hope that you will lend your support to Assemblyman Lempert's request by contacting the members of the Conference Committee and urging the retention of this budget item. Further,when this issue comes before you on the floor,your support will be an important factor. Thank you for your continuing interest in and support of the District and its open space, acquisition, and public recreational access programs. Feel free to contact me or Craig Britton if I can provide yo ith any further information on this or any District issue. I I Sincerely, en Nitz President, Board of D\rector i i KN/lcb/mcs/lc cc: MROSD Board of Directors Assemblyman Ted Lempert Ralph Heim i i This letter was also sent to the following individuals• i California State Senate: Honorable Byron Sher I Honorable Steve Peace Honorable Patrick Johnston I California State Assembly: Honorable Elaine Alquist I Honorable Jim Cunneen Honorable George Runner Honorable James Brulte Honorable Denise Decheny Honorable Carole Migdin i i - - - - - - - --- - - - - - - - - -- Regional Open . . ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMO RANDUM May 9, 2000 TO: Jenny Preciado, Sr. Administrative ssistant FROM: L. Craig Britton, General Manager # i SUBJECT: Assistant District Clerk Appointment By means of this memorandum, I am formally appointing you Assistant District Clerk. As Assistant District Clerk you are authorized to perform District Clerk duties in the , Y P � iClerk.absence of the D stnct cc: D. Dolan, District Clerk J. Preciado Personnel File I I I I I I i i 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org m Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton