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Home My Public Portal About20010627 - Agendas Packet - Board of Directors (BOD) - 01-14 ReYgional Open , re MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-14 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday,June 27,2001 330 Distel Circle Los Altos, California ASENDA* Please Note: 6:30 p.m. Closed Session Start Time Meeting 7:30 p.m. Regular g Start Time 6:30* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPEN INSULA REGIONA L OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session, the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with General Counsel - FX;cr;ng LjjjgatlOn- Government Code Section 54956.9(a) Name Of Case : DeNe�� V Mate OI l dlllyilta 1✓cua= ==lv ' Case No. OICS00557 2.. Coonference with Gen 1 CVt''1CPt Fx;ct;ng T itiaation - Government Code Section 54956.9(a) Name o as rc,�nmviid v Saratoga Htehlands Inc et I.,Case No. CV786195 2, Conference with General Counsel Anticif ated itiaation-Government Code Section 549569(b) Significant Exposure to Litigation-2 cases REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public SPECIAL ORDER OF THE DAY Pledge of Allegiance ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR—P. Siemens *** APPROVAL OF MINUTES April 11,2001 April 25,2001 May 9,2001 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 W="' Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Meeting 01-14 Page 2 *** WRITTEN COMMUNICATIONS BOARD BUSINESS 7:45* 1 Receive and Comment on the Final Report on the Grassland Management Implementation Project at Russian Ridge Open Space Preserve—J. Isaacs 8:15* 2 Authorize the General Manager to Modify the Contract with Bay Construction Services, Inc. to include Change Orders for Additional Work on Modifications to Office Space not Included in the Original Scope of Work by an Additional$18,500 Over the$31,000 Previously Authorized, for a Total Amount not to Exceed$49,500—J. Cahill 8:20* 3 Approve the Workers' Compensation Insurance Bid Totaling$138,960 from State Compensation Insurance Fund for the Period June 29, 2001 through June 28, 2002— L. Crook 8:25* 4 Proposed Addition of Peninsula Open Space Trust Property to Bear Creek Redwoods Open Space Preserve; Adopt the Attached Resolution Authorizing Purchase of the Peninsula Open Space Trust Property; Accept the Previously Approved Preliminary Use and Management Plan Contained in This Report, Including Naming the Property as an Addition to Bear Creek Redwoods Open Space Preserve; Indicate Your Intention to Dedicate the Property as Public Open Space at This Time—M. Williams 8:45* 5 Approve Agreement Between the City of Mountain View and Midpeninsula Regional Open Space District for the Operation of Deer Hollow Farm; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA), as Set Out in this Report; Authorize the General Manager to Execute the Attached Agreement with the City of Mountain View for the Continued Operation of Deer Hollow Farm—J. Escobar *** 6 Approve Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement; as a Result of the Board's Evaluation of District General Counsel's Performance for Fiscal Year 2000-2001,the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on District General Counsel's Performance in Fiscal Year 2000-2001, and a 4%Cost of Living Increase for Fiscal Year 2000-2001, Retroactive to April 1,2001; Adopt the Attached Resolution Amending District General Counsel's Employment Agreement to Reflect an Adjusted Part-Time Salary of $82,016.84, a 5%Meritorious Pay Award Totaling$3,943.12, and an Adjustment in Vacation Hours from 100 Hours Annually to 110 Hours Annually—Ad Hoc Appointee Evaluation Committee(President Siemens and Directors Cyr and Little) *** 7 Authorize Staff to Solicit Bids to Purchase One Dump Truck—D. Topley *** 8 Schedule a Special Meeting of the Board of Directors for July 18, 2001 for the Purpose of Conducting a Closed Session Concerning a Board Appointee Performance Evaluation for the General Manager—J. Escobar 8:55* 9 Wozniak vs. California Department of Forestry: Consideration of Consent to Conveyance by Big Creek Lumber Company to Candice Wozniak of Certain Limited Meeting 0 1-14 Page 3 Timber Rights at Bear Creek Redwoods Open Space Preserve; Determine the Action Before the Board is Categorically Exempt from the California Environmental Quality Act as Set Out in this Report; Consider Whether to Consent to the Conveyance by Big Creek Lumber Company to Candice Wozniak of Certain Limited Timber Rights at Bear Creek Redwoods Open Space Preserve—Sue Schectman REVISED CLAIMS 9:05* INFORMATIONAL REPORTS—Brief Reports or announcements concerning pertinent activities of District Directors and Staff. 9:25* ADJOURNMENT Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order. ADDRESS THE B 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 Open *ce 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-10 j SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS April 25, 2001 MINUTES SPECIAL MEETING I. ROLL CALL President Pete Siemens called the meeting to order at 6:00 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little, Pete Siemens, and Ken Nitz. Members Absent: None. Staff Present: Craig Britton, S. Schectman, Mike Williams, Stephanie Jensen, Cathy Woodbury, John Escobar and John Maciel H. SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT • Workshop on Board Meeting Procedures. The Board concluded the Special Meeting at 7:27 p.m. ! REGULAR MEETING M. P. Siemens called the Regular Meeting to order at 7:36 .m. 1� 8 P Additional Staff Present: Douglas Vu, John Cahill, Lisa Zadek, Eve Dunkle, and Shannon Younkin. IV. ORAL COMMUNICATIONS Katherine Greene, 801 Middlefield#9, Palo Alto, said she was a docent for the District. She said she was proud to be associated with the District. One of the other docents had set up a distribution list a couple of years ago so the docents could communicate. It is currently on a Stanford University server. Another docent had set up a database which was set up so docents could access it on the web. Board members indicated that they had no knowledge of the database. She said the District web site has not been updated since 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 ft'7-- ® ° Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Meeting 01-10 Page 2 last summer. She asked them to consider taking this technology and making it part of the District web site. Board members agreed they would like to place this matter on the agenda. C. Britton said it was not in the budget and updating the web site is very expensive. He added it was not something they could fit into the work program right now. He said they will have a public affairs strategic plan by the end of the year which will include update of the web site. He said staff could bring the Board an informational report. BY consensus the Board asked staff for a report. � P V. ADOPTION OF AGENDA At the request of Board members, staff exchanged the positions of Minutes and the Consent Calendar on the agenda. Motion: K. Nitz moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 7 to 0. VI. SPECIAL ORDER OF THE DAY S. Jensen introduced Public Affairs new Administrative Assistant, Eve Dunkle. M. Williams introduced Acquisitions new Administrative Assistant, Shannon Younkin. VII. ADOPTION OF CONSENT CALENDAR Motion: J. Cyr moved that the Board adopt the Consent Calendar, including Minutes of the November 28, 2000 Special Meeting, the January 10, 2001 Regular Meeting, the January 10, 2001 Special Meeting, and the January 31, 2001 Regular Meeting; and Revised Claims 01-08. M. Davey seconded the motion. The motion passed 7 to 0. VH. BOARD BUSINESS A. Agenda Item No. 1 —License Agreement for United States Geological Survey (USGS)for the Purpose of Installing Permanent Seismographic Equipment at Monte Bello and St. Joseph's Hill Open Space Preserves and Permission to Operate Other Existing Seismographic Equipment at Monte Bello, Fremont Older and Sierra Azul Open Space Preserves: Determine that the Project is Categorically Exempt from the California Environmental Quality Act Based on the Findings Contained in this Report; Authorize the General Manager to Execute a License Agreement Allowing USGS Access to Monte Bello and St. Joseph's Hill Open Space Preserves for the Purpose of Installing Seismology Equipment Consistent with the Terms and Conditions Set Out in this Report; Allow USGS to Continue Operating Existing Seismographic Equipment at Monte Bello and St. Joseph's Hill Open Space Preserves for a Two-Year Period;Renew an Existing Meeting 01-10 Page 3 License Agreement with USGS Allowing Them to Operate an Existing Communications Facility at Sierra Azul Open Space Preserve for a Five-Year Period -(Report R-01-53). D. Vu outlined staffs recommendations. N. Hanko stressed how important this is. USGS told the Board at the time it was initially approved that the information provided could save lives. S. Schectman explained the revised recommendations. Since there are three actions recommended, staff felt it was more efficient to draft one master license that will encompass all three of the seismographic projects. In addition, the word "permanent" was removed because the term is indefinite and the license is revocable if deemed necessary by the Board. D. Vu said there will be fencing enclosing the structures. USGS will try to locate the equipment as remotely as possible. Motion: M. Davey moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA)based on the findings contained in the staff report; and authorize the General Manager to execute a License Agreement allowing United States Geological Survey access to Monte Bello and St. Joseph's Hill Open Space Preserves for the purpose of installing seismology equipment consistent with the terms and conditions set out in the staff report, allowing United State Geological Survey to continue operating existing seismographic equipment at Monte Bello and St. Joseph's Hill Open Space Preserves, and renewing an existing License Agreement with United States Geological Survey allowing them to operate an existing communications facility at Sierra Azul Open Space Preserve. N. Hanko seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2—Proposed Addition of Redwood Park Gift Parcels and San Mateo County Tax-Defaulted Parcels to Purisima Creek Redwoods Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Out in This Report; Adopt Resolution Authorizing Purchase of the San Mateo County Tax-Defaulted Property(35 lots.); Adopt Three Resolutions for Gifts of Property from Peninsula Open Space Trust(1 lot), Gorham et al_(4 lots), and Tabel and deMotta(1 lot); Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Properties as Additions to Purisima Creek Redwoods Open Space Preserve; Indicate Your Intention to Dedicate the Parcels Lying Westerly of the Designated Preserve Boundary as Public Open Space;Indicate Your Intention to Withhold from Dedication the Meeting 01-10 Page 4 Parcels Lying Easterly of the Designated Preserve Boundary as Public Open Space—(Report R-01-56). M. Williams presented the staff report, noting there are some houses east of the dedication line. C. Britton talked about the history of establishment of the line and the agreement regarding development and non development. M. Williams said he was not aware of any easements or encumbrances. Staff is waiting to do the title work until the District has acquired as much as they will own. C. Britton said these parcels exist on paper only. He added that sometimes people do not know they own them, so the only way to get the parcels is through a tax sale. He said the District's agreement with the County obligates the tax collector to have a sale on lots when taxes are not paid. In regard to encumbrances, the District has gotten title reports on some of the lots and are not aware of any rights of way. He said the paper subdivision also has paper streets and we do not necessarily have title to those streets. At some point in time there will be a cleanup project when they will figure out what to do with streets that were never dedicated or built. He said this is a long-term project. L. Hassett asked if there was any concern by Kings Mountain residents regarding this acquisition. M. Williams said there had been some prior transactions and there had been no comment from the public. M. Williams said if several of the lots were put together, someone might be able to build on them. C. Britton said one problem is access, in that you might not be able to build a street. M. Williams said the streets are owned by the subdivision. S. Schectman said the presumption is that owners own to the centerline and that the public has only the right to pass. She said streets are typically only rights of way, which are equivalent to easements. C. Britton added that there are many paper subdivisions within District. He said it benefits us to acquire this property. M. Williams said there is a road off Skyline Blvd. There are at least two access roads in the subdivision. C. Britton said that roads that are used are established. Motion: J. Cyr moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; adopt Resolution No. 01-09, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Agreement to Purchase Tax-Defaulted Meeting 01-10 Page 5 Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District (Purisima Creek Redwoods Open Space Preserve—Tax-Defaulted Property, San Mateo County); adopt Resolution No. 01-10, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance with Respect Thereto(Purisima Creek Redwoods Open Space Preserve—Lands of Peninsula Open Space Trust); adopt Resolution No. 01-11,Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property(Purisima Creek Redwoods Open Space Preserve —Lands of Gorham, Et Al.); adopt Resolution No. 01-12, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property(Purisima Creek Redwoods Open Space Preserve—Lands of Tabel and deMotta); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the properties as additions to Purisima Creek Redwoods Open Space Preserve; indicate their intention to dedicate the parcels lying westerly of the designated preserve boundary as public open space as described in the staff report; and indicate their intention to withhold from dedication the parcels lying easterly of the designated preserve boundary as public open space as described in the staff report. L. Hassett seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3—Authorization for the General Manager to Modify the Agreement for Architectural and Engineering Services with Panko Architects for the Office Improvements at 330 Distel Circle, Los Altos and Authorization for the General Manager to Implement Change Orders with the General Contractor for the Office Improvements Contract: Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act CEQA) as Set Out in this Report Authorize the General Manager to Modify the Existing Agreement with Panko Architects to Include Design and Engineering Services. Not to Exceed an Additional $9,000 for Modification to Office Space Not Included in the Original Scope of Work for the Office Improvements Project; Authorize the General Manager to Modify the Existing Contract with Bay Construction Services. Inc., to Include Change Orders for Additional Work on Modifications to Office Space not Included in the Original Scope of Work for an Amount not to Exceed $31,000—(Report R-01-55). J. Cahill presented the staff report. He said that the plan should show that the wall of the conference room was being extended out. In addition, the total should be $31,500, not $32,500 as stated in the report. Meeting 01-10 Page 6 J. Cyr and P. Siemens commented favorably on the work of the contractor. j Motion: J. Cyr moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; authorize the General Manager to modify the existing agreement with Panko Architects to include design and engineering services, not to exceed an additional $9,000, for modifications to office space not included in the original scope of work for the office improvement project; and authorize the General Manager to modify the existing contract with Bay Construction Services, Inc. to include change orders for additional work on modifications to office space not included in the original scope of work, for an amount not to exceed $31,500. D. Little seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4—Land and Water Conservation Fund Grant Application for the Pul ag s Ridge Olen Space Preserve Public Access Improvement Project; Determine that no Further Environmental Documentation is Required Under the California Environmental Quality Act Based on the Findings as set out in this Report; Adopt the Attached Resolution Approvingthe he Application for a Land and Water Conservation Fund Grant for the Pul ag s Ridge Open Space Preserve Public Access Improvement Project -(Report R-01-541. D. Vu outlined staffs recommendations. He noted that the revised amount requested for the grant was $150,000, not $171,656 as stated in the report. He said that the name`Benedetti" is a temporary name for the trail. In addition, the connection between the Blue Oak Trail and the Cordilleras Trail is approximately 40 feet away from the treatment center. C. Britton noted that because of the grant deadline, they are applying now. The trail would not be built until they went through the Use and Management process, and this is not a final location. Regarding the property to the northeast,D. Vu said we have an easement on the trail. It is private property on either side. C. Britton told who owned the surrounding property. He said all the easements were provided as part of the settlement to acquire the entire property. C. Woodbury informed the Board that the work program for this year includes a Use and Management Plan for Pulgas Ridge that will come to the Board later this year. C. Britton added that there is a Use and Management Plan. He said this grant is from the Federal Land and Water Fund. He explained the process, noting that the District has five years after grant approval to execute it so there is no hurry. He said the District would have to make a decision regarding the road. Meeting 01-10 Page 7 Discussion followed regarding incorporation of benches and other memorials on maps and brochures. C. Britton said they would bring this matter back to the Use and Management Committee apart from Pulgas. They would work toward a consistent policy as to what is on maps and what is in the text. C. Woodbury explained the mitigation monitoring program, noting that it included things like building trails that do not exceed certain slopes. It addresses any kinds of trails they would build but does not address the layout of the trail itself. She said it is to ensure that we do not impact the environment in a negative way. It is a CEQA term. Motion: K. Nitz moved that the Board determine that no further environmental documentation is required under the California Environmental Quality Act based on the findings as set out in the staff report; and adopt Resolution No. 01-13, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds for the Pulgas Ridge Open Space Preserve Public Access Improvement Project. M. Davey seconded the motion. The motion passed 7 to 0. I IX. INFORMATIONAL REPORTS K. Nitz visited Russian Ridge and said the wildflowers were nice. He saw a black-footed ferret which is non-native and illegal in California. N. Hanko: 1. L. Hassett, K. Nitz and she attended the first Pescadero meeting. The chair invited them to present a workshop at a future date. She talked about some of the issues that the group discussed at their meeting and said it might be good to get a map of the flood plain from the County. 2. The date for the Crowder trail event has been changed from May 12 to June 30. L. Hassett: 1. He agreed that the meeting at Pescadero was an eye opener and it would be an educational process for him. 2. He will be giving a presentation at the Kings Mountain meeting on May 12. D. Little requested information on the incident mentioned in the FYIs. P. Siemens took friends on a tour of some of the District lands. The parking lot at Russian Ridge was filled and people were parking on Alpine Road. Skyline was also full. His friends were impressed with what they saw. M. Davey reported that May 8 is the second hearing for Carnegie proposal in the foothills. At the March 20 meeting, County Supervisors voted to send the proposal to the Planning Commission. I Meeting 01-10 Page 8 ' C. Britton: 1. He asked if Board members would be available for a special board meeting on May 30 to begin his evaluation and perhaps conduct other business. 2. He was notified by the State that their$500,000 habitat conservation grant for Loma Prieta Ranch was successful. 3. He had a note regarding the Sunnyvale State of the City celebration. 4. He went to Sacramento last week and said AB 953 has not been heard. They might have to withdraw a portion of the bill. 5. He attended the POST Earth Day celebration. He said they have a new video out announcing a$200 million fundraising campaign and already have two $50 million commitments. Audrey Rust will be coming to the Board with a presentation. 6. He had copies of the final Workplace Enhancement Plan for Board Members. N. Hanko had a brochure that was distributed by Bill Cook, one of the advisory committee members from Pescadero. They are developing logs made of concrete which she said might be used as benches. K. Nitz said there were a lot of significant incidents reported happening at Rancho San Antonio. He urged warning the public, particularly about automobile break-ins. J. Maciel said they are working with the Sheriff to try to boost the patrol. There are signs asking people to secure valuables in their trunks. He said it is not unusual J. Maciel: 1. He said currently the District allows bicycles to go from Rancho San Antonio parking lot to Deer Hollow and the bulk of those riders are children. He said they have not been enforcing the helmet requirement but it is becoming a problem, and they are working on a plan to enforce it. 2. He reported that last weekend was very busy and there were a number of accidents. He described one which was a serious bicycle accident. S. Jensen: 1. Reporting on Earth Day, she said the District had Earth Day events at Russian Ridge and Picchetti. 2. She said there are about 25 new trail patrol recruits. 3. Followingu on K. Nitz's questions about the bar code on District envelopes, she said it P q could be a problem if they were used for bulk mailings. X. ADJOURNMENT At 9:12 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Regional Open ce ------------ MIDPENINSULA REGIONAL OPi4eInEE WJI �CT SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS April 11, 2001 MINUTES SPECIAL MEETING L ROLL CALL President Pete Siemens called the meeting to order at 6:33 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko,Larry Hassett, Ken Nitz, and Pete Siemens. Deane Little(arrived at 7:05 p.m.). Members Absent: None. Staff Present: Craig Britton, Stephanie Jensen, Tom Fischer, and Sue Schectman. H. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:33 p.m. and the Closed Session commenced at 6:33 p.m. The Board concluded the Closed Session at 7:25 p.m. REGULAR MEETING ffi. P. Siemens noted that no reportable action had taken place in Closed Session, and called the Regular Meeting to order at 7:37 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz, and Pete Siemens. Additional Staff Present: John Maciel, Stephanie Jensen, John Escobar, Gordon Baillie, Thomas Fischer, Lisa Zadek, Bunny Congdon, Sandy Lachini, and Bob Armstrong. IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA By consensus, the Board agreed to hear Item No. 3 as the first item of Board Business. 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 Ogg Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton i Meeting 01-09 Page 2 r II Motion: K. Nitz moved that the Board adopt the agenda. J. Cyr seconded the motion. The motion passed 7 to 0. VI. SPECIAL ORDER OF THE DAY J. Maciel introduced Bob Armstrong, the new Equipment Mechanic at the Skyline field office. Bunny Congdon introduced Sandy Lachini, the new Account Specialist. VH. ADOPTION OF CONSENT CALENDAR N. Hanko removed the draft response to a letter from E. P. Hayes and Barbara J. Hayes, 2000 N. Rodeo Gulch Road, Soquel. Staff answered questions regarding Claims 1579, 1584, 1599, 1588, 1606, 1614, 1638, 1643, 1577, and 1633. C. Britton noted that the time frame for the study had not been included in the Hayes letter because it is low priority. P. Siemens suggested adding the words"for now" at the end of the third sentence in the second paragraph of the letter. Staff will follow up on the matter. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the revised draft response to a letter from E. P. Hayes and Barbara J. Hayes, 2000 N. Rodeo Gulch Road, Soquel (add the words"for now" at the end of the third sentence in the second paragraph); and draft response to a letter from Ms. Svetlana Teplitsky, 10362 Leola Court#2, Cupertino; and Revised Claims 01-07. L. Hassett seconded the motion. The motion passed 7 to 0. VHI. BOARD BUSINESS A. Agenda Item No. 3—Redesignate the Sausal Trail as the Betsy Crowder Trail at Windy Hill Open Space Preserve Approve the Legislative, Finance and Public Affairs Committee's Recommendation to Rename the Sausal Trail as the Betsy Crowder Trail at Windy Hill Open Space Preserve in Commemoration of the District's Late Former Ward 6 Board Director Direct Staff to Schedule a Trail Dedication Event for Late Spring,or Early Summer 2001 —(Report R-01-50). S. Jensen reported that May 12 had been proposed as the date for the trail dedication event. N. Hanko said she would like to work with staff on the program. Discussion followed regarding the uses permitted on the day of the event. Wendy Crowder, Betsy's daughter, was present at the meeting. Meeting 01-09 Page 3 Motion: N. Hanko moved that the Board approve the Legislative, Finance, and Public Affairs Committee's recommendation to rename the Sausal Trail as the Betsy Crowder Trail at Windy Hill Open Space Preserve in commemoration of the District's late former Ward 6 Board Director; and direct staff to schedule a trail dedication event for late spring or early summer 2001. M. Davey seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2—Authorize Amendment to the District's Proposed Legislation, AB 953 (Simitian); Approve the Legislative, Finance, and Public Affairs Committee's Recommendation to Authorize the General Manager to Introduce an Amendment to AB 953, Revising Public Resources Code Section 5560 as requested by Marin County Open Space District; Authorize the General Manager to Approve Minor Changes to AB 953 as Warranted for its Successful Endorsement by other Affected Agencies, or Upon the Recommendation of the Bill's Author, Assemblyman Joe Simitian- (Report R-01-51). S. Jensen outlined staff s recommendations. C. Britton stressed that if the bill is amended and they encounter any difficulties obtaining passage as a result, the amendment would be dropped or further amended at staff option. Motion: M. Davey moved that the Board approve the Legislative, Finance, and Public Affairs Committee's recommendation to authorize the General Manager to introduce an amendment to AB 953, Revising Public Resources Code Section 5560, as requested by Marin County Open Space District; and authorize the General Manager to approve minor changes to AB 953 as warranted for its successful endorsement by other affected agencies, or upon the recommendation of the bill's author, Assemblyman Joe Simitian. K. Nitz seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 1 — Approve the Operations Program Review Action Plan and Summary of Project Accomplishments and Direct Staff to Continue to Work on the Projects Outlined in the Action Plan, Reporting Back to the Board on the Status of Projects in January 2002, Formally Dissolve the Operations Program Review Ad Hoc Committee- (Report R-01-401 J. Escobar highlighted the major topic areas in the report including a summary of project accomplishments. He said they would like to bring one more update to the Board before they present the new action plan. He said relations between field staff, Planning, and Operations are very solid. Regarding customer service, N. Hanko said she had kept the letters from those attending the Trail Use Committee meeting, and many good ideas came out of them. A public opinion poll including all District constituents, not just users of the sites, would be a good idea. She said the LAFPAC Committee would be i Meeting 01-09 Page 4 coming back with more suggestions covering the customer service area of the report. J. Cyr urged consideration of integration of staff into more projects and getting feedback from staff. K. Nitz said he thought there needed to be more communication between Skyline and Foothill field stations. He thought they felt isolated. J. Maciel said there are situations now where there are opportunities for staff to participate. J. Escobar talked about development of the multi-year Operations Program staffing plan (#2 on page 2 of the Report). Staff had earlier used more informal staffing plans to guide the growth of the Operations Program. The Operations Staffing Plan adopted by the Board last year is the first formal staffing plan for the Operations Program. K. Nitz referred to Item 3a on page 3, asking that they make sure they get the information. He expressed concern with the wording regarding e-mail on page 4. C. Britton said staff would add a clarifying sentence stating that where there is shared e-mail, information will be posted. He said staff relies on the bulletin board. Under Item D.1, page 6, the words"early 2001" were changed to"late summer" at the end of the second paragraph. In regard to Item d on page 7, J. Escobar said it would not be a structured evaluation, but would be done on a case-by-case basis based on experience. There are guidelines to evaluate staff involvement. Referring to Item 2 on page 10, G. Baillie said they are ready to publish the first six sections. Getting the project up and running has been slow. He said he hoped that it would go faster from now on. Some sections are very small. They are currently working on the ranger operation manual. Each ranger will get a copy of each draft section, and a copy will be posted in each field office. It takes extra time for everyone to have a chance to provide feedback. J. Maciel explained why there are so many sections. C. Britton added that this would be a collaborative process. He said S. Schectman would have the final review. G. Baillie said the new manual would be much easier to update. In addition, it will be standardized with the format used by most other agencies in the area. K. Nitz asked if the fleet management database referred to on page 14 included the operator of vehicles. J. Escobar explained that patrol trucks are assigned to individuals for the life of a vehicle. r Meeting 01-09 Page 5 D. Little expressed concern regarding the"micro review," stating that, as Board members, they risk intervening too much. He said he felt management was doing a fantastic job. He said he believed in support for senior management and not getting into micro management. M. Davey thanked the committee for their work. She said she has noticed an increase in communication and shared information and that there is a feeling of good morale. Motion: M. Davey moved that the Board approve the Operations Program Review Action Plan and Summary of Project Accomplishments, and direct staff to continue to work on the projects outlined in the Action Plan, reporting back to the Board in January 2002 on the status of the projects; and formally dissolve the Operations Program Review Ad Hoc Committee. D. Little seconded the motion. Discussion: J. Cyr said he appreciated the time, thoroughness, and inclusiveness being a committee member. He said this is a clear response to the issues raised in the Warner Report and he was looking forward to progress reports. He encouraged continued attempts to initiate communication with law enforcement and fire personnel. He thought there had been tremendous growth. P. Siemens thanked G. Baillie in particular. N. Hanko agreed with P. Siemens and J. Cyr, and said she was honored to have served on the committee. G. Baillie said it had been a pleasure working with the committee members and J. Escobar. He thanked the Board for its support. C. Britton added that G. Baillie did excellent job. He pointed out the number of things staff is doing and hoped the Board appreciated that. Vote: The motion passed 7 to 0. D. Agenda Item No. 4—Approve the Award of Contract for Firebreak Maintenance Services, Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act (CEM as Set Out in this Report; Authorize Staff to Enter into a Contract for the Performance of Disking Work as Specified in the Request for Bids—(Report R-01-52). Meeting 01-09 Page 6 Motion: M. Davey moved that the Board determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; and authorize staff to enter into a contract for the performance if disking work as specified in the Request for Bids. J. Cyr seconded the motion. Discussion: J. Maciel said the disking would cost about the same as last year. He said staff does not do studies of plants in the disking area. He said staff is trying to re-evaluate with the fire departments to see about reducing disking. He talked about what the various fire departments require, noting that it varied from department to department. Vote: The motion passed 7 to 0. IX. INFORMATIONAL REPORTS N. Hanko said the Coastal Ad Hoc Committee would go to the Pescadero PMAC meeting tomorrow to introduce themselves and let PMAC know the District is interested in what it is doing. L. Hassett: 1. He went to lunch with PMAC members and said it was encouraging that they want the District to participate. 2. He had been invited to Kings Mountain to speak to them on May 5. J. Cyr: 1. He said the fact that the meeting room was ready for this meeting says great things about the choice of contractors. 2. He thanked G. Baillie for helping coordinate the Los Gatos training for the disaster area response team. D. Little reported on the Use and Management Committee meeting held last Thursday. He said 25 people showed up and it went well. C. Britton: 1. He said there are a number of letters regarding ideas for the State of California for feral pigs. Staff has sent out about 40 letters. 2. He noted that in President Bush's budget, there is $450 million for Land and Water. 3. The State of the City for Palo Alto is Monday. 4. The consultant has put out the brochure for the FM Administrative Manager position. 5. He had given three presentations on the 3-5 year program. The final one was today at the Skyline field office. 6. He attended a meeting in San Mateo County with J. Escobar as they work toward getting the Bay Area Open Space Council to sponsor a forum focusing on land use and stewardship. 7. He met with Lloyd Wagstaff. The Open Space Authority has preserved 7,000 acres in the south of the county. 8. He gave an update on the building construction. N. Hanko reported on the Los Altos Historic Museum dedication, noting that she was impressed by the speech the mayor, King Lear, gave. He said Los Altos is happy to have the District office in town. Meeting 01-09 Page 7 J. Maciel said there was a South Bay restoration workshop in which J. Isaacs and the District participated. S. Jensen: 1. She said they have hired a new Administrative Assistant in Public Affairs, Eve Dunkle. They will recruit again for Community Program Specialist. 2. She reported on the Fremont Older tour. 3. She said Channel 4 would cover the Amphibian Ramble at Montebello. There was a feature article in the Chronicle on the Spaces and Species Program. 4. She outlined the schedule for Earth Day activities. 5. She thanked Rod Brown for urging people to sign up as volunteers for trail patrol. 6. As a follow-up to a letter in the packet regarding a person not being able to go on a hike, she reported that the person was able to participate after all. 7. She had been notified of bills providing monies for government agencies to upgrade their buildings,particularly for solar energy and other renewable sources. L. Zadek reported that Shannon Younkin had been hired as Administrative Assistant in the Acquisitions Department. X. ADJOURNMENT The meeting was adjourned at 10:02 P.M. Roberta Wolfe Recording Secretary Regional Open '4ce DRAFT RESPONSE PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Ms. Pamela McReynolds pamm@southcoast.net Dear Ms. McReynolds: Thank you for your interest in the Red Barn at La Honda Creek Open Space Preserve. The Board of Directors reviewed your correspondence at its regular meeting last nigh, The District shares your enthusiasm for preservation of this historic resource and has identified restoration of the Red Barn as a project this year. Measures have already been undertaken to prevent further deterioration of the building. The foundation along the west side of the barn has been replaced to keep the building from collapsing, and holes in the roof have been covered with plastic tarps secured in place with battens nailed to the rafters. The cupola has been removed and is stored at the Skyline Ranger Office,where it is being carefully restored by District staff. Currently, an historic preservation architect is working with Planning Department staff to assess the barn structure and recommend the structural improvements and appropriate re- roofing materials that will maintain the historic integrity of the building. In addition to a new roof and possible structural work, the lead-based paint will be removed and the Red Barn will be repainted. Operations Department staff has been repainting the white fencing and paddocks and maintaining the grounds around the Red Barn. Grasses and weeds are mowed according to a maintenance schedule that is determined by the fire hazard conditions at each site. The area around the Red Barn is scheduled for mowing in the near future. Thank you again for expressing your desire to maintain the Red Barn as a significant landmark in La Honda and as an historic treasure for all. Should you wish more information on the progress of the restoration please telephone Cathy Woodbury, Planning Manager, at (650) 691-1200. Sincerely, Larry Hassett, Director, Ward 6 cc: MROSD Board of Directors L. Craig Britton, General Manager 330 Distel Circle * Los Altos, CA 94022-1404 Phone:650-691-1200 Fax:650-691-0485 o E-mail:mrosd@openspace.org • Web site:www.openspace.org W,ZD Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Cathy Woodbury From: MROSD <mrosd@openspace.org> To: Cathy<cwoodbury@openspace.org> Sent: Tuesday,June 05,2001 5:03 PM Subject: Fw:ATTN: Craig Britton and Larry Hassett >> ----- Original Message ----- >>From: Pamela McReynolds <pamm@ outhcoast.net> >> To: <mrosd@openspace.org> >> Sent: Tuesday,June 05, 2001 8:11 AM >> Subject: ATTN: Craig Britton and Larry Hassett >>>As a lifelong resident of La Honda, I am concerned about the >>>preservation of the Red Barn on the property your organization obtained >>>from William McDonald. The barn is an historical treasure to our >>>community as well as the subject of numerous photographers and >>>painters. In its present state, peeling paint,overgrown weeds and >>>partially repaired roof, it's unlikely that anyone is attracted to it. >>>Is it your intention to maintain the barn and its surrounding fences and >>>paddocks or continue to let the property decline? >>>At the very least, the weeds and grasses should be mowed to reduce the >>>risk of property loss due to wildland fires. Your neighbors will >>>certainly appreciate you performing this preventative maintenance. >>>Pam McReynolds 6/6/2001 Cathy Woodbury From: MROSD <mrosd@openspace.org> To: Cathy<cwoodbury@openspace.org> Sent: Tuesday, June 05, 2001 5:03 PM Subject: Fw: ATTN: Craig Britton and Larry Hassett > > ----- Original Message ----- >>From: Pamela McReynolds <pamm@,southcoast.net> >> To: <mrosd(o)openspace.or > >> Sent: Tuesday, June 05, 2001 8:11 AM >> Subject: ATTN: Craig Britton and Larry Hassett >> > As a lifelong resident of La Honda, I am concerned about the >>>preservation of the Red Barn on the property your organization obtained >> > from William McDonald. The barn is an historical treasure to our >> >community as well as the subject of numerous photographers and >>>painters. In its present state,peeling paint, overgrown weeds and >>>partially repaired roof, it's unlikely that anyone is attracted to it. >> > Is it your intention to maintain the barn and its surrounding fences and >>>paddocks or continue to let the property decline? >>> At the very least, the weeds and grasses should be mowed to reduce the >> >risk of property loss due to wildland fires. Your neighbors will >>> certainly appreciate you performing this preventative maintenance. >> > Pam McReynolds 6/6/2001 b Regional Open SWce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-11 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS May 9, 2001 MINUTES SPECIAL MEETING I. ROLL CALL Vice President Deane Little called the meeting to order at 6:35 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz, and Pete Siemens (arrived at 6:45 p.m.). Members Absent: None. Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, John Maciel, Del Woods, Mike Williams, and John Escobar. II. CLOSED SESSION D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session Items 1, 2, 3, and 4. The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at 6:35 p.m. The Board concluded the Closed Session at 7:30 p.m. REGULAR MEETING M. P. Siemens called the Regular Meeting to order at 7:34 p.m. and noted that no reportable actions had taken place in Closed Session. He added that the Special Meeting Closed Session would continue at the conclusion of the Regular Meeting to discuss items 3 and 4. Additional Staff Present: Jodi Isaacs Matt Freeman Thomas Fischer Stephanie Jensen and Lisa Zadek. IV. ORAL COMMUNICATIONS Frank Keller, 1140 Snowberry Court, Sunnyvale, said he is a docent at Deer Hollow Farm but cannot accept one of the policies of the District, the volunteer release of liability. He read from the release form and said he would like to think the District would 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 ,��wr+g Fax:650-691-0485 • E-mail:mrosd@openspace.org •Web site:www.ope I� nspace.org ®,;:SST Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko;Larry Hassett,Kenneth C.Nitz •Genera!Manager:L.Craig Britton Meeting 01-11 Page 2 be concerned about his welfare. He said that since the Board makes policy, he wanted to bring this to their attention. P. Siemens asked for a memo describing the release and how it compares with others. V. SPECIAL ORDER OF THE DAY Lori Raymaker, Docent Coordinator, read the tribute to Roger Myers and said he would be greatly missed. P. Siemens read the resolution. Other Board members thanked Mr. Myers. R. Myers thanked the Board and reflected on his years with the District stating it had been a privilege and an honor. He talked about why he is moving to Montana. Motion: M. Davey moved that the Board adopt Resolution 01-14, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending and Honoring Roger Myers for his Exemplary Volunteerism as a District Docent. N. Hanko seconded the motion. The motion passed 7 to 0. VI. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 7 to 0. VII. ADOPTION OF CONSENT CALENDAR K. Nitz removed agenda item 4,Authorization to Purchase Four Fire Pumpers for District Patrol Vehicles from Cascade Fire;Determine that Cascade Fire is the Lowest Responsive Bidder and Authorize the General Manager to Execute a Purchase Contract with Cascade Fire for Four Fire Pumpers for District Patrol Vehicles at a Total Cost of $35,340.84. Motion: M. Davey moved that the Board adopt the Consent Calendar, approval of minutes of the February 14, 2001 Regular Meeting and the February 28, 2001 Special and Regular Meetings; and Revised Claims 0 1-09. K. Nitz seconded the motion. The motion passed 7 to 0. VUL BOARD BUSINESS A. Agenda Item No. 1 —Progress Report on the Habitat Restoration at Pulgas Ridge Open Space Preserve: Receive and Comment on the Progress Report for the Pulgas Ridge Open Space Preserve Habitat Restoration Project - (Report R-01- 591. C. Britton made an opening statement, noting that this is a progress report and no action by the Board is necessary. He added that staff had notified over 300 people. Meeting 0 1-11 Page 3 J. Isaacs recognized volunteers and staff, including Sumudu Welaratna, Resource Management Intern, who put together the presentation. She made a PowerPoint presentation that discussed the objective of the restoration efforts therestoration P J , r esto atn o activities that have taken place, site monitoring, and future plans. She noted that a timeline of activities at Pulgas Ridge from May 1983 to the present was attached to the staff report. N. Hanko said she was interested in the group of cactus and would try to find the history of the Hassler Health Home site. J. Isaacs said Roundup is the only herbicide they use. She described how it is applied. D. Little asked if the District has a program that would allow motivated volunteers to work on their own time. J. Isaacs said not to date. They would need to talk to S. Schectman regarding liability, but it is a good resource to investigate. J. Cyr said he appreciated the history and thoroughness provided by the report. K. Nitz thanked J. Isaacs and S. Welaratna, noting that volunteering is a lot of work and you feel good. D. Little suggested that an adopt-a-plot plan might work. Judy Baker, 27544 Canyon Road, Los Altos Hills, said she had gathered 250 signatures from people who use the preserve and live in the surrounding area. Nine out of ten people are in favor of saving the Eucalyptus. There had been several articles and pictures in the newspapers. She said Eucalyptus trees occupy perhaps 15% of the area and asked who makes the rules on what is native. She said if the District's mission is to provide pleasure, that might be a reason to be flexible with the program. Ms. Baker read a statement from Karl Weidel, 734 Hillcrest Drive, Redwood City, talking about the large Eucalyptus with oak seedlings growing under them. He said the trees provide shade and sensual stimulation. Ile noted that it appeared that less than half of the oak seedlings have survived. He asked that they reconsider and let nature take its course. He also asked that they leave the cactus alone. He said let the oldest trees survive and attack the broom. He urged the Board to listen to what those who use the preserve said. Carolyn Chaney, 313 Lakeview Way, Redwood City, MR.OSD volunteer, listed reasons for not removing the trees. She said the trees are home to raptors and are not especially invasive. In addition, the trees provide a nursery for baby oaks and other native trees. She said she considered the work that had been done to be invasive. She asked that the District leave the Eucalyptus trees that are in the windbreak, along the road, and in the grove. Meeting 01-11 Page 4 N. Hanko asked staff if there are any plans this year to remove any of the trees just referred to. J. Isaacs said none of the large trees are targeted this year. Any plan for removal of the large trees would come back to the Board. Regarding the nurturing aspect of Eucalyptus toward oak, J. Isaacs said there is a lot of natural regeneration under the Eucalyptus. However, they do not know whether removing the trees would allow them to flourish more. That is why staff removed the trees in the canyon area. There is some competition between plants and they do not know how much is being stunted by the Eucalyptus. J. Isaacs said there are no Eucalyptus trees in regions 3 and 4. The majority of the budgeted money this year will go to the Conservation Corps. for removal of broom along the Blue Oak Trail. She thought it would be about 4-5 years when the District might consider taking another pass through the large Eucalyptus. This estimate was based on how the canyon responded. P. Siemens suggested looking at potential compromises. He said he has mixed feelings about Eucalyptus as a California native himself. J. Isaacs said staff could manage 20 large trees but eventually the trees will spread. P. Siemens said he would like to have options. N. Hanko talked about the past and resource management plans. She said they are hearing lots from people and should consider what they are saying. She asked if there is a Use and Management Plan in the works so they can look at the whole situation. J. Isaacs said there is but she did not know the date. N. Hanko asked about the possibility of a group of Eucalyptus being retained in a place that is particularly enjoyed by the public. K. Nitz commented that maybe that could be done on the knoll where the trees are easy to maintain, but he thought they should be taken out. N. Hanko talked about the history of Eucalyptus in San Mateo County, and said they should look at protection of Eucalyptus where they are not a fire hazard. C. Britton said there is a Use and Management Plan for Pulgas Ridge. That was the basis of the application to the Land and Water Fund. He said in the past, resource decisions have been made apart from Use and Management. He said the Board needs to look at the resource policies to see if they want to change their goals. P. Siemens said maybe they should be tied together. D. Little responded to public comment stating that the mission statement is very clear. He said sometimes the Board has to take stands that are not popular with the public because of their mission to protect native plans and animals. By consensus, the Board accepted the report. B. Agenda Item No. 2- Authorization to Contract for Vegetation Mapping Services at La Honda Creek Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act Meeting 01 A I Page 5 Based on the Findings Contained in this Report; Authorize the General Manager to Execute an Agreement with Aerial Information Systems in an Amount Not to Exceed $15,500 to Provide Detailed Vegetation Mapping Services at La Honda Creek Open Space Preserve—CReport R-01-58� M. Freeman presented the staff report and a PowerPoint overview. Studying the large area has resulted in huge economy of scale. Regarding the question of spending money outside the District, S. Schectman said as the data benefits District programs, she did not think it was an issue. J. Cyr agreed, stating that it seems advantageous to do the whole watershed so the District can see how their part fits in. M. Freeman talked about how staff defined the boundary, noting that they wanted to encompass the entire watershed. N. Hanko said she thought a more reasonable sphere of influence for the District would go all the way to the coast. Regarding plans for other areas, M. Freeman said Bear Creek needs a focus study. C. Britton noted that they are focusing on sites that have been closed. They are starting a new process of master planning. He said in the long run, they will probably do it on all District lands. One of the issues is grazing. Motion: J. Cyr moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA)based on the finding contained in the staff report; and authorize the General Manager to execute an agreement with Aerial Information Systems in an amount not to exceed $15,000 to provide detailed vegetation mapping services at La Honda Creek Open Space Preserve. D. Little seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3—Proposed Addition of Santa Clara County Tax-Defaulted Properties to Various District Preserves, as Follows: Agenda Item No. 3a-Proposed Addition of Santa Clara County Tax-Defaulted Pezzoli Property to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act: Tentatively Adopt the Preliminary Use and Management Plan Recommendations, Including,Naming the Property as an Addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve: Indicate Intention to Withhold the Property from Dedication as Public Open Space at this Time—(Report R-0149A). T. Fischer outlined staffs recommendations. Agenda Item No. 3b-Proposed Addition of Santa Clara County Tax-Defaulted Kadluboski Property to El Sereno Open Space Preserve, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentatively Adopt the Preliminary Use and Meeting 01-11 Page 6 Management Plan Recommendations, Including Naming the Property as an Addition to El Sereno Open Space Preserve, Indicate Intention to Withhold the Property from Dedication as Public Open Space at this Time—(Report R-01- 49B D. Woods presented this portion of the staff report. Agenda Item No.3c-Proposed Addition of Santa Clara County Tax-Defaulted Maridon 6.25%Interest)Property to Monte Bello Open Space Preserve: Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Adopt the Attached Resolution Authorizing the Purchase of the Santa Clara County Tax-Defaulted Properties (Iezzoli, Kadluboski , and Maridon 6.25%Interest) as Attached for Agenda Items 3a, 3b, and 3c; Tentatively Adopt the PreliminM Use and Management Plan Recommendations, Including Naming the Property as an Addition to Monte Bello Open Space Preserve; Indicate Intention to Withhold the Property from Dedication as Public Open Space at this Time—(Report R-01-49C). T. Fischer presented the staff report including the terms and conditions for all three properties. T. Fischer and C. Britton answered questions regarding the process for sale of tax defaulted properties. C. Britton provided history on how the properties became available. S. Schectman noted a correction in Section 2 of the Resolution, stating that "Certificate of Acceptance" should be plural. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; adopt Resolution 01-15 as amended, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Agreement to Purchase Tax-Defaulted Property, Authorizing Officer to Execute Certificates of Acceptance of Grant to District(Montebello, Sierra Azul, and El Sereno Open Space Preserves—Tax-Defaulted Properties, Santa Clara County); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the properties as additions to the Montebello Open Space Preserve, the Kennedy Limekiln Area of the Sierra Azul Open Space Preserve, and the El Sereno Open Space Preserve; and indicate their intention to withhold the properties from dedication as public open space at this time. I Cyr seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4- Authorization to Purchase Four Fire Pumpers for District Patrol Vehicles from Cascade Fire, Determine that Cascade Fire is the Lowest Responsive Bidder and Authorize the General Manager to Execute a Purchase ' Meeting 01-11 Page 7 Contract with Cascade Fire for Four Fire Pumpers for District Patrol Vehicles at a Total Cost of$35,340.84—(Report R-01-571. K. Nitz said he had noticed seven pumpers in the barn and asked why the District is buying more. J. Maciel said the pumpers are taken off the trucks during the winter, and the pumpers K. Nitz saw would be put back on the vehicles. Motion: K. Nitz moved that the Board determine that Cascade Fire is the lowest responsive bidder and authorize the General Manager to execute a purchase contract with Cascade Fire for four(4)pumpers for District patrol vehicles at a total cost of$35,340.84. M. Davey seconded the motion. The motion passed 7 to 0. IX. INFORMATIONAL REPORTS M. Davey reported on the Board of Supervisors decision regarding the Carnegie proposal for building in the area west of Junipero Serra. N. Hanko asked if the City of Palo Alto took a position. M. Davey said they voted unanimously against Carnegie's application. The growth boundary for City of Palo Alto is Junipero Serra. L. Hassett: 1. He had attended neighborhood meetings of the South Skyline Association and the Kings Mountain general meeting where he presented a program. 2. He spent the day with Evening Magazine at his store and other sites with solar installations. The segment will be aired next Friday. D. Little: 1. He went on docent led hikes at Skyline. He said the wildflowers were spectacular. 2. He noticed lots of dead lizards during a hike at Monte Bello and felt sure they were killed by bicycles. He suggested a bicycle speed trap on Bella Vista Trail. P. Siemens said he went on a field trip in Corte Madera with Mr. Zatkin and other agencies. He felt good about the job the District is doing at this preserve. C. Britton: 1. He referred to responses in the FYIs to feral pig letters they sent out. 2. There was also a letter to Congressman Honda regarding HR-701. 3. Last week,there was a meeting before the Santa Clara County Planning Commission for San Jose Water n m Highlands. He f h water stem at Montgomery to eta permit to begin replacement o t e a s g P gY g rY thanked D. Woods for his efforts in getting it approved. 4. The Board had seen publicity regarding POST option to acquire Rancho Corral de Tierra. 5. He reported that Dennis Dart is leaving. 6. He called Marro County expressing disappointment with their decision on the dog leash law. 7. P. Siemens and he met with the new Town Manager and Planning Director of Los Gatos. J. Escobar: 1. He attended the CPRS legislative committee meeting in Sacramento. 2. He met with the executive search firm for the MAdministrative Manager position and talked,about the progress in the search. 3. He said the other three agencies on the field trip with P. Siemens were National Marine Fisheries, Regional Water Quality Control Board, and California Fish and Game. Meeting 01-11 Page 8 M. Davey asked about the District's energy conservation program. C. Britton informed her that a committee has been established to look into conservation issues at the District. L. Zadek announced that May 17 would be bike to work day. Several staff members are, taking part. J. Maciel: 1. He reported on an incident Sunday at Windy Hill in which there was a fatality. He talked about how it was handled by the various agencies. 2. The bicyclist who was injured is now out of the coma. Staff has no further information on how the accident occurred. He described the location of the accident. 2. There was a small fire in La Honda on Friday. 4. May 15 has been declared the beginning of fire season. 5. The District had a safety fair at Hidden Villa. 6. The energy committee will meet tomorrow. 7. He reported that there were eleven pigs trapped in April. 8. He said the District will be doing bums this year and information will be presented at the next Board meeting. S. Jensen: 1. The annual Volunteer Recognition event will be July 27. 2. The B. Crowder trail dedication event at Windy Hill will be held on June 30 from 10:00 a.m. to 12:00 p.m. 3. She asked for volunteers to work at the Art and Wine Festivals noting that the first one is June 2 and 3 in Sunnyvale. 4. KQED has been on the preserves in the Skyline area working on a program on parks that will be set to classical music. X. ADJOURNMENT At 10:20 p.m., the Board adjourned the Regular Meeting and reconvened the Special Meeting. The Board adjourned to Closed Session to discuss Closed Session items 3 and 4. The Closed Session Special Meeting reconvened at 10:30 p.m. and concluded at 10:57 p.m. No reportable actions were taken. Roberta Wolfe Recording Secretary r` Regional Open 5 ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Alan Miller 11042 Canyon Vista Drive Cupertino, CA 95014 Dear Mr. Miller: The Board of Directors reviewed your correspondence at its regular meeting last night. On June 11, 2001, District staff received notice from the City of Cupertino regarding the proposed development of a private school on Stevens Canyon Road adjacent to Stevens Creek Park,which you mentioned in your letter. The District reviews and provides comments to other agencies on projects that potentially impact open space adjacent to its lands or open space of regional significance. Due to the close proximity of the school to Fremont Older Open Space Preserve and Stevens Creek County Park, District staff will review the project's development proposal and Environmental Impact Report. Resource conservation and enhancement, preservation of the scenic backdrop, and public access are of particular interest to the District. Should you have questions or concerns about the project, the District encourages you to participate in the public review process conducted by the City of Cupertino. For additional information please contact Peter Gilli, Associate Planner, City of Cupertino, at (408) 777-3308. Sincerely, Pete Siemens President cc: MROSD Board of Directors L. Craig Britton, General Manager Peter Gilli, Associate Planner, City of Cupertino 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,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Page 1 of 1 1 Kristi Webb From: Alan Miller<amiller@clickhealth.com> To: <mrosd@openspace.org> Sent: Monday, May 14, 2001 4:50 PM Subject: Major Development Planned Adjacent to Stevens Creek Park To: Mary Davey and Pete Siemens Re: Major Development Planned Adjacent to Stevens Creek Park I am writing you to express my concern about a 1,500 student private school proposed for Stevens Canyon Road in Cupertino,immediately adjacent to Stevens Creek Park. The 100+ acre parcel of land is on the east side of Stevens Canyon Road, stretching all the way from the road down and over Stevens Creek. The parcel has already been purchased and plans for the school were recently submitted to the City of Cupertino. I live in the neighborhood and I believe that it is a terribly inappropriate use of the land. This area is currently undeveloped and is immediately adjacent to the park. It is zoned for hillside residential. It's pretty hilly and the expectations have been that only 10-15 houses could be built on the property and that most of it was not suitable for development. This new development will generate a huge amount of traffic every morning and afternoon and a lot of noise during the day. It will tremendously alter the quiet, rural, and relatively undeveloped nature of the area. Are you aware of this proposed development? And does the MROSD take advisory positions on upcoming developments? Best regards, Alan Miller 11042 Canyon Vista Drive, Cupertino 95014 Work: 650-559-1033 Home: 408-777-3550 5/24/01 p, -�� _ CITY OF {� CUPEkTINO �� E1� 4+« EIS SPACE C°IS i R!"'T � -- —w� -- — Community Development Department 10300 Torre Avenue Cupertino, California 95014 Phone (408)777-3308 Fax (408)777-3333 June 6, 2001 Application No.(s): 04-Z-01, 03-U-01, 01-DA-01, 04-EA-01 Applicant: Canyon Heights Academy, LLC Location: Southeast side of Stevens Canyon Road, approximately 100 feet southerly of Ricardo Road, a 124 gross acre hillside property bounded by Stevens Canyon Road to the northwest, Deep Cliff Golf Course to the north,Linda Vista Park to the northeast and Stevens Creek Park to the south(formerly McDonald-Dorsa quarry). i Descri tion s : Rezoning 04-Z-01 of 124 acres of hillside property Yfrom RHS (Residential Hillside)to BQ(Quasi-Public), OS (Open Space)and RHS (Residential Hillside) for a private school,open space and one single-family residence. Use Permit(03-U-01)to allow the construction of a 240,000 square feet private school accommodating 1,500 students ranging from Preschool through 12'grade with 84 staff members on a property in the BQ(Quasi- Public)zoning district. (subset of 124 acre hillside property referred to in rezoning description) Development Agreement(01-DA-01)between the City of Cupertino and Canyon Heights Academy,LLC. The.City of Cupertino has received the subject applications It is expected that the project will require an Environmental Impact Report,and contracts are being drafted to retain a consultant. The projected completion date for the Administrative Draft of the EIR is late September 2001,with the Final EIR to folow in February of 2002. The project is not expected to go to the Planning Commission until March of 2002. A conceptual plan set describing the proposed project is enclosed for your review. Please forward any comments to this office by July 6,2001. The comments may be detailed or general,and may address project conditions or environmental concerns for the EIR. If you have any questions concerning the project, please feel free to call me at(408)777-3313 or e-mail at peterg(-,cupertino.org. Sincerely, i Peter Gilli Associate Planner Attachments: Architectural Plan Set Civil Engineering Plan Set Regional Open S ce 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-72 Meeting 01-14 June 27, 2001 AGENDA ITEM 1 AGENDA ITEM Final Report on the Grassland Management Implementation Project at Russian Ridge Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATION Receive and comment on the final report for the Russian Ridge Open Space Preserve grassland management implementation project. BACKGROUND Staff has worked with Rana Creek Habitat Restoration over the past four years to implement the multi-phase Russian Ridge Grassland Management Plan (Kan 1996). The focus of the grassland management project has been to determine the strategy and most practical and effective management methods needed to sustain grassland habitats. This report summarizes the Russian Ridge grassland management implementation project. Detailed information is contained in "Resource Management Demonstration at Russian Ridge Preserve Final Report" prepared by Paul Kephart of Rana Creek Habitat Restoration. This report is available upon request. Also available upon request is an article summarizing the project published in Grasslands, a publication of the California Native Grass Association. DISCUSSION The grasslands of Russian Ridge Open Space Preserve, although mainly dominated by non- native annual grasses, still support diverse populations of native species. About 100 species of forbs and 30 species of grasses inhabit Russian Ridge. Some of the showy wildflowers that attract visitors every year include owl's clover, blue-eyed grass, Johnny jump-ups, and checkerbloom. Dominant native grasses include blue wild rye, purple needlegrass, meadow barley, and Idaho fescue. Past years of disturbance on the preserve such as cultivation, wildfire suppression, road construction, and excessive grazing have allowed invasive non-native species to colonize many areas of the preserve. These invasive non-native species have the ability to out-compete the remaining natives on the preserve by depleting soil moisture in early spring, producing prolific amounts of seed, and generating a thick thatch build-up which shades out native species. The 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org �w J ®i fiEfiT Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton R-01-72 Page 2 most common non-native species found at Russian Ridge include Mediterranean annual grasses; yellow starthistle; bull, milk, and Italian thistle; and harding grass. Neighbors and preserve visitors concerned about the spread of yellow starthistle and declining wildflower displays first brought management of Russian Ridge to the attention of the District. Compared with other District-owned grasslands, Russian Ridge was one of the few that still retained relatively high native species diversity. This made it a good location to conduct the grassland management implementation project because the likelihood of successful restoration is greatly improved when a native species component is still present. If the grassland habitats at Russian Ridge, are not managed biological diversity and ecological function of the preserve will decline. Succession will likely occur and eventually, over many years, result in a habitat conversion to chaparral and evergreen forest. Project Goal The goal of the implementation project was to determine the most practical and effective management methods to sustain grassland habitats over time. The specific objectives were to (1) reduce the cover of yellow starthistle, (2) reduce the cover and number of species (species richness) of other non-native species, and (3) introduce native species to increase native species cover and richness. The use of five methods to control non-native species was studied at the preserve from 1997- 2000: grazing, herbicide applications, prescribed burning, mowing, and hand control. These methods were conducted individually and in combination (e.g., prescribed burning and hand control). Site specific native seeding was used in combination with some control methods. Initially, efforts were narrowly focused on the control of yellow starthistle. In 1999 native seeding was introduced in combination with control methods to restore biological diversity in some areas of the preserve. By simultaneously increasing native species while reducing the non-native species, native species should be able to compete and displace non-native species over time. Overall Project Findings The greatest change observed at Russian Ridge resulted from prescribed burning. The increase in the cover and richness of native species resulted in spectacular wildflower displays that attracted many preserve visitors. It was evident that burning reduced thatch and non-native species competition, which enabled native species to flourish in areas of low disturbance. In areas of high disturbance(i.e., dominated by non-native species), prescribed burning alone did not increase native species, and native seeding was necessary to replenish the seed bank. The success of the native seeding treatments created interest in expanding this to other District-wide projects such as trail reroutes, erosion control, or habitat restoration. A progress report on the native seed increase program is available upon request. R-01-72 Page 3 The grassland habitats at Russian Ridge are highly variable, with plant composition and density often changing radically from one site to another and from year to year. Slope, aspect, soil type, and exposure can vary greatly over the topographic relief. In this variable landscape native and non-native components respond differently to various management methods. Management decisions, therefore, must consider many variables: target non-native species and associated native species, density of non-native species infestations, effectiveness of control methods, environmental conditions, and cost of control methods. No single control method can meet all management objectives at Russian Ridge. With such landscape variability, an integrated approach using a combination of control and restoration methods will be necessary to ensure successful management of the grassland habitats. For example, to restore native species diversity in a dense patch of harding grass the combination of prescribed burning, herbicide, native seeding, and follow-up mowing were essential for successful control. Prescribed burning reduced the biomass of harding grass, enabling more effective spot spraying of herbicide. Prescribed burning also reduced the thatch layer, which prepared the soil for native seeding. Some control methods have practical restraints: mowing cannot be conducted on rocky sites, and hand control methods are not cost effective over hundreds of acres. There are advantages and disadvantages associated with each management method. Even though prescribed burning was the most cost effective management method (treating the most acreage at the lowest cost), it will not always be available because of weather or safety concerns and conditions imposed by regulatory agencies. Other management methods, such as grazing, mowing, hand control, and herbicide treatments, had the advantage of reducing non- native cover but did not increase native species. If the goal were only to reduce yellow starthistle, then herbicide, hand control, or mowing methods would be sufficient; but if the goal is to sustain a grassland habitat over time, then these control methods need to be combined with native seeding efforts to re-establish the native seed bank. For long-term management of grasslands, it is essential to have an integrated approach which couples non- native species control with the enhancement of native species. Specific Project Findings Sampling plots were established to determine a trend or shift in the percent cover of individual species within each treatment area. Fourteen plots were dispersed throughout the approximately 150-acre demonstration area. Sampling of the plots was conducted during the early spring and a comparison analysis was done before and after successive treatments of each plot. Each plot analyzed the percent cover of yellow starthistle, native and non-native species, and the number of native and non-native species (species richness). The goal was to find a treatment method that would reduce non-native species cover and richness, including yellow R-01-72 Page 4 starthistle, and increase native species cover and richness. Results from the implementation project at Russian Ridge from 1997 to 2000 are as follows: 1) Control of yellow starthistle • All treatments reduced yellow starthistle. • Herbicide most effectively reduced yellow starthistle. • Grazing and hand control effectively reduced yellow starthistle and are good alternatives to herbicide. 2) Native species cover • Prescribed burning/native seeding and prescribed burning/herbicide/native seeding resulted in the greatest increase of native species cover. • Grazing slightly increased native cover. • Herbicide, mowing, and hand control had little effect on increasing native plant cover. 3) Non-native species cover • Mowing and hand control most effectively reduced non-native species cover. • Prescribed burning/herbicide/native seeding also reduced non-native species cover. • Grazing and prescribed burning/native seeding increased non-native species cover. 4) Native species richness (the number of native species) • Grazing and prescribed burning/herbicide/native seeding resulted in the greatest increase in native species richness. • Prescribed burning/native seeding only slightly increased native species richness. • Hand control, mowing, and herbicide had little or no effect on native species richness. 5) Non-native species richness • Prescribed burning/native seeding and the use of herbicide resulted in the greatest decrease in non-native species richness. • Grazing and prescribed burning/herbicide/native seeding slightly increased non- native species richness. • Hand control and mowing had no effect on non-native species richness. CONCLUSION The Russian Ridge Open Space Preserve grassland management demonstration has shown that P active management using a combination of methods can be effective in reducing invasive non- native species while increasing the native species diversity of the preserve. If the goal is to sustain diverse grassland habitats at Russian Ridge Open Space Preserve, then active R-01-72 Page 5 management of the grasslands is necessary. What it will take to manage these grasslands will be commitment, persistence, flexibility, and prevention of non-native seed recruitment. Without management, Russian Ridge grasslands will revert back to its previous state within a few years. A long-term commitment, with focused attention, could have rewarding outcomes for biodiversity and for many preserve visitors. Based on the findings of this report and the knowledge and skills acquired by staff over the course of this project, staff will develop a grassland management plan for the ongoing management of the grassland areas of Russian Ridge. The grassland management plan will outline treatment and monitoring protocols, and set realistic goals given the availability of our field staff resources, volunteers, California Conservation Corps, California Youth Authority, and consultants. Staff anticipates presenting this plan to the Board for approval in the fall of 2001 prior to the budget process for next fiscal year. Accompanying the plan will be a staff report, which will analyze the cost benefits and staff resources that will be necessary to implement the plan. Prepared by: Jodi Isaacs, Resource Management Specialist Contact person: Same as above Regional Open S ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-7 3 Meeting 01-14 June 27, 2001 AGENDA ITEM 2 AGENDA ITEM Authorization for the General Manager to Implement Additional Change Orders with the General Contractor for the Office Improvements Contract ACTING GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to modify the existing contract with Bay Construction Services, Inc. to include change orders for additional work on modifications to office space, not included in the original scope of work, by an additional $18,500 over the $31,000 previously authorized, for a total amount not to exceed $49,500. DISCUSSION i At your February 14, 2001 meeting, you awarded a contract to Bay Construction Services, Inc. of Hayward, CA for improvements to the administrative office building in an amount not to exceed $158,573 (see Report R-01-18). Phase I of the improvement project is complete. Permits from the City of Los Altos Planning and Building Departments for the expansion of the Long Ridge Room and the kitchen (Phase II), and modifications to the 1,100 square-foot area retained from the tenant space for District use (Phase III), have been obtained. Phase III is the creation of a new working space for the Acquisitions Department. At your April 25, 2001 meeting (see Report R-01-55), you authorized the General Manager to implement change orders to the General Contractor's Agreement in an amount not to exceed $31,000 for these projected costs. However, due to various features of the proposed modifications, the actual costs proposed for this work are substantially higher than the $31,000 staff had previously estimated. Staff has re-engineered some of these features and eliminated others in an effort to reduce the cost, but feels strongly that certain key elements in the re-designed plans, such as energy-efficient lighting and natural lighting from a new skylight, should be included in the project. Therefore, the projected cost for Phase III is still greater than staff s original preliminary estimate. Currently, change orders for this work are projected to be $49,500, which is $18,500 more than previously authorized. In a preliminary estimate, the total cost of Phase III, which included the cost of engineering, building, and furnishing this space, was projected to be $50,000. Your approval of an additional $18,500 will increase the total cost of Phase III to $68,500. The following table outlines the costs of the various aspects of the improvements to the administrative office building, which have been scheduled for fiscal year 2MI-2002: 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,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton R-01-73 Page 2 PHASE DESCRIPTION ESTIMATED COST I & II Engineering and Permitting $6,456 Total of Construction Costs $158,573 Total for All As is of Phases I & II $165,029 III Design and Engineering (Panko Architects) $9,000 Modular Workstations (Direct Advantage Inc.) $10,000 Interior Wall Modifications: Construction on 1,100 square feet of space for Acquisitions Department (Bay Construction Services). $49,500 Total for All Aspects of Phase III $68,500 Parking Lot Repair: Removal & replacement of areas of failed asphalt; resurfacing & re-striping entire paved surface. IV Incidental tree trimming and brush removal. Total for All Aspects of Phase IV $12,000 Total for All Phases of Improvements $245,529 Fundine Your fiscal year 2001-2002 adopted Budget allocated $269,000 for the improvements to the administrative office building at 330 Distel Circle. Current estimates for all phases on the planned improvements total $245,529. The remaining $23,471 will serve as a contingency for the cost of certain items not covered under contracts, such as counters for new work stations, replacement of low- efficiency lighting fixtures, installation of additional mini-blinds, and incidental unanticipated construction details. Staff estimates that the total allocated budget will be sufficient to fund all phases of the proposed improvements (including incidentals) in fiscal year 2001-2002. Should you authorize the additional change order to the current contract, Phase III improvements could begin as soon as June 30, 2001 and be completed by early July 2001. Due to its location in the building, the work conducted on Phases II and III of the project should have a very modest impact on the day-to-day activities of the office. Phase IV, the proposed re-surfacing and striping of the parking lot is anticipated to go out for bid in July 2001, and be completed by September 2001. Prepared by: John Cahill, Open Space Planner II Contact Person: Same as above Regional Open 5 )ce R-01-68 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-14 June 27,2001 AGENDA ITEM 3 AGENDA ITEM Approval of Workers' Compensation Insurance Coverage for the Period of June 29,2001 Through June 28, 2002 at an Estimated Cost of$138,960 ACTING GENERAL MANAGER'S RECOMMENDATION Approve the workers' compensation insurance bid totaling$1�8,960 from State Compensation Insurance Fund for the period June 29,2001 through June 28,2002. DISCUSSION Boring,Johndrow, Leveroni,Vreeburg,Inc.,the District's workers' compensation insurance broker,has submitted an estimate for workers' compensation insurance totaling$138,960 from State Compensation Insurance Fund. This represents a minimal increase from the 2000-2001 premium, currently anticipated to total $134,500. The rate percentage increase is substantially less than the industry standard of between 25% and 40%. The reasons for the favorable increase amount include the following: • The District's experience modifier,which is included in the rate calculation and is based on the District's workers' compensation experience, decreased from 83%to 81%. This improvement can be attributed, in part,to continued attention to the District's loss analysis information and managment. • The District's payroll,upon which the workers' compensation premiums are based,has decreased over the 2000-2001 payroll due to position vacancies in the past year thereby lowering the base amount for calculation of the rate. In comparing eligible carriers that provide insurance to governmental organizations,the District's insurance broker,Dennis Rodeen, of Boring,Johndrow, Leveroni,Vreeburg,Inc., has determined,based on cost and level of service,that State Compensation Insurance Fund is the preferred choice for providing workers' compensation insurance to the District and recommends the District continue its policy with them. During the 2000-2001 budget preparation process, staff anticipated that workers' compensation rates may increase as much as 20%. Therefore, sufficient funds have been budgeted to provide for this increase in workers' compensation insurance. Staff recommends the Board approve the workers' compensation insurance bid totaling$138,960 from State Compensation Insurance Fund for the period June 29,2001 through June 28,2002. Prepared by: Laurie Crook,Human Resources Assistant 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,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Regional Open S ice R-01-71 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 0 1-14 June 27, 2001 AGENDA ITEM 4 AGENDA ITEM Proposed Addition of Peninsula Open Space Trust Property to Bear Creek Redwoods Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATIONS i 1. Adopt the attached resolution authorizing purchase of )'ie Peninsula Open Space Trust property. 2. Accept the previously approved Preliminary Use and Management Plan contained in this report, including naming the property as an addition to Bear Creek Redwoods Open Space Preserve. 3. Indicate your intention to dedicate the property as public open space at this time. INTRODUCTION On July 15, 1999 the District and Peninsula Open Space Trust(POST) acquired the 1,065-acre Arlie Land and Cattle Company(Arlie) property located south of Los Gatos near Lexington Reservoir. The lower 260-acre portion of the property was purchased by the District while the upper 805-acre was purchased by the District and concurrently conveyed to POST and managed by the District. POST's assistance with the acquisition has been instrumental in providing the temporary funding necessary to accomplish this vitally important acquisition. In August 2000 the District acquired an additional 6-acre property from Arlie located adjacent to the POST property at the junction of Mellot's Road and Bear Creek Road. Over the past two years, POST and the District have worked together to seek funding opportunities to assist the District in completing the acquisition and providing permanent protection to the 805-acre POST property. Two major grants have been obtained for the project from the Coastal Conservancy and Wildlife Conservation Board. The Bay Area Conservancy Program, administered by the California Coastal Conservancy, awarded a $3 million grant and a $3 million loan to POST in December 1999. In Febuary 2000, the Wildlife Conservation Board awarded the District a$2 million grant for this acquisition. In addition, POST has been very successful in raising an additional $5 million in private donations. DESCRIPTION (see Exhibit A—Site Map) The 805-acre POST property is located adjacent to the District's Bear Creek Redwoods Open Space Preserve on the west side of Lexington Reservoir. Deep forested canyons,perennial creeks, logging roads, and signs of old ridgetop vineyards best characterize the property. The upper reaches of Webb, Collins, Aldercroft and Dyer Creeks flow north and easterly through the 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C. Nitz •General Manager:L.Craig Britton R-01-71 Page 2 property and open space preserve towards Lexington Reservoir making this acquisition a natural extension of the open space preserve. The area is largely forested with second growth redwood, Douglas fir, madrone, bay, and oak, and the steep terrain is influenced dramatically by the San Andreas Fault, which passes through the northeast corner. Redwoods are the predominant vegetative type on the POST property and were first logged in the late 1800's and more recently over the past two years. Interspersed within the forest are approximately 180 acres of cleared land that were once vineyards, but due to lack of continued cultivation, are overgrown and rapidly being overtaken by invasive plants. Wildlife is abundant and extremely diverse due to the variety of habitats and year-round water on both properties. The property and surrounding area has a rich history dating back to the middle 1800's when a stage coach line ran through the Town of Lexington where Lexington Reservoir is now located. The property, together with the open space preserve, was included in a large estate at the turn of the century and later sold to the Jesuits who proceeded to develop Alma College. The college was constructed in 1934 on a portion of the open space preserve as a school of theology for the Roman Catholic Society of Jesus. The Jesuits maintained vineyards and had a number of recreational facilities on the POST property, including tennis and racquetball courts, a swimming pool, and cabins. Webb Creek and Dyer Creek Areas On the west side of Bear Creek Road, a series of old roads form an interconnecting network of trails that pass through redwood forests and along steep canyons with swift-moving creeks. On Bear Creek Road, directly west of the former college site, there is a gated road that enters the property near a small pond and parallels Webb Creek for approximately one-half mile, at which point it branches in two directions, with one road continuing southwest along the creek and the other turning sharply north and climbing up the hill toward the northwest corner of the property. The northern route enters an area that, in the past, was developed with recreational facilities for the college students, including tennis courts, racquetball courts, cabins, and a swimming pool. The swimming pool had been filled-in and the other facilities abandoned and overgrown with dense vegetation when POST acquired the property. District staff has since removed the structures found in disrepair. A large,uncovered cistern, approximately 80-feet wide and 14-feet deep, is located in this vicinity and has been secured with a fence. Now empty and apparently severely damaged by the 1989 earthquake, it once served as the main water supply for the college facility prior to the development of a newer water system located on the open space preserve. North of the recreation site, the road continues to a gated entrance at Chase Road, where a branch of the road switches back to the west and winds steeply up the hill to a prominent ridge that offers panoramic views of Lexington Reservoir basin. The ridgetop is the site of an old vineyard that is overgrown with invasive plants. At the west end of the vineyard, the road divides, with one branch descending south toward Webb Creek and the other continuing on toward the northwest corner of the property, where it enters the Dyer Creek watershed. This watershed has a large stand of second growth redwoods, some of which were being harvested by Big Creek Lumber Company at the time of the POST acquisition. The road traverses the upper watershed, passing interesting fragments of old stone walls and ending at a path that connects to R-01-71 Page 3 a residential area on Thompson Road. The entry has been secured and patrolled on a regular basis in an attempt to eliminate the motorcycle activity in the Dyer Creek and Webb Creek areas, but the illegal use continues to be a problem. The second road leading away from the ridgetop vineyard to Webb Creek passes by two old growth redwoods located adjacent to the road. One tree has an unusual lower limb that branches out at a ninety-degree angle and then bends sharply upwards. The road continues approximately one-half mile to another old vineyard site that is overgrown with flowering sweet peas. At Webb Creek, the road divides once again with one branch returning along the creek to the point of origin near Bear Creek Road. The other branch of the road crosses the creek and connects more directly with Bear Creek Road approximately one mile above the college facilities. From the Dyer Creek area there is a road connecting to the southwest corner of the property that originates above the creek and extends southward to a plateau at the 1,800 foot elevation. Here, the road divides with one branch skirting the west side of the plateau and terminating near the west property boundary and at the site of an old redwood water tank. The other branch of the road skirts the east side of the plateau to the south and then traverses the hillside around the headwaters of Webb Creek, turning to the east and descending down a series of switchbacks through a clearing to Bear Creek Road. A section of the road that had been washed out was repaired by Big Creek Lumber Company to facilitate their timber harvesting activity. The area is very attractive with mixed redwood, fir, and madrone, including extremely large Douglas Firs. There is an intersecting road near the top of the switchbacks that extends to the property's southern boundary and ends at a gated entrance on Mellot's Road. This unsurfaced road passes through the southwest corner of the property, serving as an easement to adjacent private properties. The 6-acre Mellot's property, acquired by the District in August 2000, is located immediately east of the gated entrance to the property. Other remnants of improvements to the property include water tanks and lines that served the subject property as well as adjacent properties. These have been mostly abandoned over the years as land uses on the property have changed and alternative water sources found. Some water lines most likely were used to irrigate the vineyards located on both sides of Bear Creek Road. Collins and Aldercroft Creek Areas The portion of the POST property on the east side of Bear Creek Road is bounded by Bear Creek Road to the northwest; private property to the west, south and east; and the Bear Creek Redwoods Open Space Preserve to the northeast. The property comprises two prominent ridges that, at one time, had large, cultivated vineyards that are now overgrown, but highly visible, from the surrounding area, including trails at St. Joseph's Hill and Sierra Azul Open Space Preserves. As on the west side of Bear Creek Road, this area has a network of roads, but they are not as interconnected and have less recreational value. The primary access into the area is from Bear Creek Road adjacent to the Presentation Center, an active conference center operated by the Sisters of Presentation. At the entrance to the Presentation Center, there is a gated, unsurfaced driveway entering the POST property and extending north into a vineyard that is comprised of R-01-71 Page 4 approximately 70 acres of old vines. A second unsurfaced driveway branches off to the east and enters the Presentation Center's overflow parking area,which is immediately adjacent to the vineyard and may be located partially on the POST property. The vineyard is in poor condition, and of the vines that remain, most are decayed and overgrown with invasive plants such as Baccharis and scotch broom. Various roads skirt the vineyard, and one main road descends to the northern perimeter of the vineyard where it enters the mixed evergreen forest and continues steeply downhill to the northeast property boundary. Beyond the boundary and within the open space preserve, there is an intersection where one road swings to the south and returns to the vineyard, and another road drops steeply down the hill to the north, intersecting a road along the south side of Webb Creek. Access to the second ridge, located between Collins Creek and Aldercroft Creek, is very difficult and can only be achieved by passing through the open space preserve on a road paralleling the south side of Webb Creek to the intersection with Collins Creek. Here, a road climbs southward along Collins Creek to a point where the road crosses the creek and enters the POST property. The road then crosses over the ridge to Aldercroft Creek and continues to climb southward before switching back to the north to climb up to the ridgetop and vineyard site where an agricultural shed is located. Near the switchback, a spur road drops down to Aldercroft Creek where there is a water impoundment and lines connecting to the open space preserve. On the ridgetop it appears the main road once crossed back over to Collins Creek, but only traces of the old roadbed can be found today. As with the other vineyard sites, this one is overgrown with invasive vegetation. A road extends to the southern edge of the vineyard and enters a redwood grove where there is a brick fireplace and evidence of tree cutting. At one time, this road may have continued up the hill through adjacent private property to Summit Road. Some old roadbeds and new skid trails are proposed to be opened in this portion of the Aldercroft Creek Unit as part of the most recent timber harvest plan under review by the California Division of Forestry. Portions of two separate water systems are located on the POST property. One system, which was developed in 1993, includes underground lines connecting from the open space preserve to the Presentation Center, passing through the 70-acre vineyard site on the POST property. A pump station is located at the base of the steep road near Webb Creek and an underground water line extends up a very steep road to the upper vineyard. The second water system originates in Aldercroft Creek and serves some facilities on the POST property, the Bear Creek Stables, and residences located on the east side of State Highway 17. Access will need to be provided to those having rights to maintain the water system. USE AND MANAGEMENT PLAN Planning Considerations The property is located within the unincorporated area of Santa Clara County and is zoned HS (Hillside), requiring a 20- to 160-acre minimum lot size for residential development, based upon a slope density formula. Residential development of the property was being proposed prior to POST's acquisition of the property but is no longer possible under the conditions of a recorded restriction by the Coastal Conservancy. If development had proceeded, the POST property and i R-01-71 Page 5 open space preserve may have had over 50 legal residential sites based upon historic entitlements. The POST property is rated in the District's Open Space Master Plan as having high composite open space values and is important in terms of potential recreation, wildlife habitat, watershed, and scenic hillside protection. The District's Regional Open Space Study indicates that there are desirable trail connections and potential for staging facilities in the vicinity of the property. Santa Clara County's Countywide Trails Master Plan shows an existing and planned section of the Bay Area Ridge Trail in the project area and crossing State Highway 17 at the Bear Creek Road overpass. Following POST's acquisition of the property, the District undertook preliminary resource studies for the purposes of preparing grant applications for the Bay Area Conservancy Program and Wildlife Conservation Board. The District's Planning Department Work Program includes starting a master-planning process early next year that will begin with detailed studies of the natural and cultural resources, which will be used in developing a plan for resource management and public use of the preserve. Some of the key elements in the master plan will be long-range resource management, habitat restoration and enhancement, trail alignments and staging areas, disposition of the historic Alma College buildings, and use of the stable facilities. Public participation will be an integral part of the planning process. Grants, Easements and Restrictions District staff prepared two successful grants to assist in the acquisition of the POST property. The Bay Area Conservancy Program, administered by the Coastal Conservancy, awarded a $3 million grant and$3 million loan to POST in December 1999. The Coastal Conservancy holds an Irrevocable Offer to Dedicate Title in Fee to provide public access and protect the open space values of the property in perpetuity. In February 2000, the Wildlife Conservation Board awarded to the District an additional $2 million grant towards the project, and the grant places similar restrictions on the property. Under the terms of the purchase agreement with POST, POST, for a period five years, will be able to recognize significant supporters by naming specific locations, land formations, trails, natural and physical features, staging areas, and other site improvements. Surrounding Land Uses A neigboring property owner of an adjacent 110-acre property near the intersection of Bear Creek Road and Summit Road is currently in the process of applying to divide his property into one 20-acre parcel (currently the home of West Heights Christian Church) and a second 90-acre parcel. POST owns an access easement across this property that was determined by our staff review to be omitted in the subdivision application. Through discussions with the property owner and Santa Clara County planning staff,the problem has been rectified and the easement has been included. Although unimproved at this time and situated close to structures operated by West Heights Christian Church, the easement could provide access to the POST property from Summit Road. Potential Encroachments There are two areas where adjacent property owners have extended private agricultural and I R-01-71 Page 6 recreational uses into the POST property and claimed to have prescriptive rights to continue to do so. Over the past year, District staff has attempted to resolve these potential encroachments on behalf of POST and under the terms of the management agreement. One area is located near the northwest boundary near Thompson Road where there is a small,partially fenced pasture, motorcycle obstacle course, and a gun target. Recently, the area has been graded and cleared. The second area is near Summit Road, where llamas are grazed in a fenced pasture and a bicycle/motorcycle trail system is maintained by a neighbor. The pasture area has been badly overgrazed and the trail usage needs to be evaluated as part of the overall planning process. Both potential encroachments are being thoroughly investigated and staff hopes to resolve these issues by reaching agreements with the property owner. If they are not resolved, legal action may be needed. Tim be Prior to POST and the District acquiring the property in 1999, Big Creek Lumber Company had purchased rights to approximately eight million board feet of timber, located mostly on the POST property. The remaining timber located on the POST property and open space preserve came to the District in 2000 in the form of a charitable donation of the residual timber rights. Big Creek Lumber Company has harvested three units: the Dyer Creek Unit, located in the northwest corner of the property, was harvested in 1999, the Webb Creek Unit was harvested in 2000, and the Aldercroft Creek Unit is near completion(see Exhibit B—Timber Harvest Map). An amendment to the timber harvest plan for the Aldercroft Creek Unit was recently approved by the California Division of Forestry to add areas initially omitted from the plan, including an area near Summit Road. A Summit Road neighbor has challenged the plan and a temporary restraining order has temporarily prevented the timber harvest plan from proceeding. If approved in the next few weeks, the remaining timber in the Aldercroft Creek Unit will be removed by August 2001 and winterization completed early in 2002. In general, Big Creek Lumber Company has used a conservative approach to the overall timber harvest plan in an effort to minimize impacts on the forest resources. Under standard practices, Big Creek would have prepared a plan to harvest in the watersheds with the best stands of timber, and removed up to 60%of the trees greater than 18" in diameter. Instead, they harvested less than 60% in order to lessen the impacts on the open space resources of the property. At no time has the District had any regulatory approval power or control over the timber harvesting, but Big Creek has nonetheless voluntarily worked closely with District staff and the District's consulting forester. The California Department of Forestry is the regulatory agency responsible for environmental review, approvals, and permits for such activities. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan for the 805-acre property has been in effect since the Lease and License Agreement with Arlie Land and Cattle Company was approved on March 10, 1999. This Preliminary Use and Management Plan continued to apply under the terms of the Lease and Management Agreement when the property was later acquired by POST on July 15, 1999. Following the close of escrow, the Plan will remain effective until a Comprehensive or Interim Use and Management Plan is completed for the entire property. Any proposed changes to land use will be subject to further environmental review and public input. The property will R-01-71 Page 7 be maintained in its natural condition and managed for open space purposes only. The roads will be maintained in their current condition for purposes of patrol, maintenance and emergency access. A permit system will allow limited use of designated trails by the public during a period of time required to perform resource studies and site planning and for safety reasons during the timber harvesting. Upon completion of site planning, the property will be open for low-intensity public trail use. Public Access: Closed to the public, except under permitted conditions approved by the General Manager for the purposes of performing environmental studies and surveillance. Status: Under a permit system, the equestrians boarding their horses at Bear Creek Stable were initially permitted to use all trails located on the POST property. A few trails were later closed, following the District's inventory of trail alignments and conditions. The trail system was further restricted to equestrians as timber harvesting began in the Webb Creek watershed and then the Aldercroft Creek watershed. Hikers, who could gain access without the need for parking vehicles, were also provided permits until the timber harvesting began. Equestrian and hiking permits will be reinstated for the east side of Bear Creek Road upon completion of the timber harvesting and winterization early in 2002. The west side of Bear Creek Road will not be open for permitted use until the District has determined a suitable trail-crossing on the road. Neighbors gaining access from adjacent private property will be issued permits. Barriers: Install and maintain gates and fencing at all entrances to the POST property along Bear Creek, Chase, and Mellot's Roads and other roads leading to the upper and southern vineyards; install fence around cistern located in northeast corner of property. Status: Gates have been installed at entrances along Bear Creek Road and the southwest corner of the upper vineyard. Fences have been installed around the cistern. Gates are no longer required on roads leading to the upper and southern vineyards since the District acquired the 260-acre open space preserve. Fencing and gates will be installed along Mellot's Road. Roads: Maintain existing roads on the POST property and license roads on the open space preserve for patrol, maintenance, and emergency purposes. Status: Roads are being maintained and used for patrol, maintenance, and emergency purposes. The license roads were across the 260-acre property that is now under the District's ownership. Signs: Preserve boundary signs and closed area signs to be installed at all entrances to the POST property. Status: Signs have been installed. R-01-71 Page 8 Timber Management: In the event the District is not able to exercise its Timber Option the District will contract with a certified forester to work with Big Creek Lumber Company to monitor compliance with the approved Timber Harvest Plan. Status: The District was unable to exercise the Timber Option and did contract with a certified forester to assist our evaluation of the timber harvest. The Dyer Creek Unit was being harvested at the time POST acquired the property and was completed in fall of 1999. The Webb Creek Unit was harvested between July 2000 and August 2000, and the Aldercroft Creek Unit is due to be completed in the next two months. Of the 8 million board feet of timber owned by Big Creek Lumber, approximately 6.75 million board feet will be harvested upon completion, leaving about 15% residual timber that will not be removed. Winterization of Aldercroft Creek Unit is planned to occur later this year, and Big Creek Lumber will continue to assume responsibility for drainage and erosion control for a period of two years following completion of the harvest, which is one year longer than required by the California Division of Forestry. Name: Name the property Bear Creek Redwoods Open Space Preserve. Status: Under the District's management, the property has been informally considered part of the Bear Creek Redwoods Open Space Preserve and will be formally named as an addition upon completion of this acquisition. Site Safety Inspection: Preliminary inspection is complete and site safety measures need to be implemented, including securing the property to eliminate motorcycles, off-road vehicles and illegal timber cutting, and to secure a cistern. A comprehensive inspection will be completed within 120 days after the close of escrow to determine if hazards are present and need to be mitigated. Status: A comprehensive site safety inspection has been completed and site saftey measures have been completed. In addition to eliminating illegal access and timber cutting and securing the cistern, structures located in the upper vineyard and near the Chase Road entrance have been removed. CEOA COMPLIANCE Project Description The project consists of the acquisition of an 805-acre property as an addition to the Bear Creek Redwoods Open Space Preserve. On March 10, 1999, the Board of Directors initially approved a lease and management agreement with a prior owner of the property. On July 15, 1999 the District entered into a new lease and management agreement with Peninusula Open Space Trust, the recipient of the property concurrent with the District's acquisition of both the lower 260-acre and upper 805-acre properties then owned by Arlie Land and Cattle Company. The Preliminary Use and Management Plan will remain unchanged and calls for permanently preserving the property as open space, open to the public, and maintained in a natural condition. CEOA Determination The project was determined to be categorically exempt when initially considered by the Board of R-01-71 Page 9 Directors March 10, 1999. The project has not changed since that time and the Preliminary Use and Management Plan will stay in effect under the District's ownership. The District previously concluded that this project is categorically exempt from CEQA(the California Environmental Quality Act) under Article 19, Sections 15301, 15303, 15304, 15316, 15317, 15325, and 15061 of the CEQA Guidelines. TERMS AND FUNDING UNDI G The 805-acre POST Property is being acquired at a bargain sale purchase price of$2,000,000. In July 1999, POST contributed $10,000,000 to acquire this property from Arlie Land& Cattle Company. As part of the same transaction, the District purchased the 260-acre Lower Property from Arlie for$15,000,000. These two properties created the 1,065-acre Bear Creek Redwoods Open Space Preserve at a combined total purchase price of$25,000,000 (see Report R-99-93). At the time of purchase, the District and POST entered into a Lease and Management Agreement for the District to manage the POST Property as part of the preserve. This arrangement allowed the District and POST to pursue grant funding and private gifts so that fee title to the POST Property could eventually be conveyed to the District. Through the cooperative efforts of the District and POST, acquisition grants totaling $5,000,000 were obtained from the California Coastal Conservancy and the State Wildlife Conservation Board for the purchase of the subject property. POST received a $3,000,000 grant from the Conservancy, and raised $5,000,000 in private donations for the conveyance of the property to the District. The District successfully obtained a $2,000,000 grant from the Wildlife Conservation Board to acquire the property. The Wildlife Conservation Board grant requires a local matching financial contribution to complete this grant project. However, this match can be provided by the value of a gift of land that is part of the approved grant projects. POST is selling the property to the District at the bargain sale price of$2,000,000 which will be fully reimbursed by the Wildlife Conservation Board grant in escrow. Both granting agencies have required that recorded restrictions be placed over the POST Property to ensure that the property is protected in accordance with the purposes of the two acquisition grants. Under POST's ownership, the Conservancy recorded an Irrevocable Offer to Dedicate Title in Fee for the purposes of providing public access, protecting natural resources and preserving open space. Similarly, a Memorandum of Unrecorded Grant Agreement with the Wildlife Conservation Board will be recorded as part of this transaction confirming that the property must be used for the purpose of wildlife habitat preservation, restoration and management, and compatible public uses. Budget Considerations 2001-2002 Budget for Land Acquisition New Land $20,000,000 New Land Purchased this year 78,350 Peninsula Open Space Trust Property 2,.000,000 Acquisition Budget Remaining $17„921 650 Controller M. Foster was consulted on these proposed acquisitions and has indicated that, R-01-71 Page10 considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Michael C. Williams, Real Property Representative Del Woods, Senior Acquisition Planner Contact: Same as above Bear Cree' -Zedwoods Open Spea Preserve Proposed POST Acquisition ,44 e, Dyer Creek Unit ' Completed 1999 r k t< a {S (125 acres) sue, v __....- - _ 7 , h a Aldercroft Unit Near Completion ` 164 acres) Webb Creek Unit Completed 4/01 (� (+l- 182 acres) N ' .., �.._ •, r ,- '< - -. " �: . .:.° sat.<-. .'" - : .. r. / THP Amendment Approved 5/4/01 I , ,i (20 acres) rx° ti» Exhibit B: Timber Harvest Map 0 1000 2000 Feet Bear CreE. Redwods Open Spa* Preserve Proposed POST Acquisition Bear Creek Redwoods Open Space Preserve (260 acres) k X =s. ebb Cre s I 4' C feev 1 � Bear Creek Redwoods Open Space Preserve o �- ¢ (6 acres) Proposed POST Acquisition /805 acres N till - rr Exhibit A: Site Map 0 1000 2000 Feet I RESOLUTION NO. 01- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF THE PROPERTY ACQUISITION AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT AND EXECUTE MEMORANDUM OF UNRECORDED GRANT AGREEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (BEAR CREEK REDWOODS OPEN SPACE PRESERVE -LANDS OF PENINSULA OPEN SPACE TRUST The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of p Midpeninsula Regional Open Space District does p g P hereby accept the offer contained in that certain Property Acquisition Agreement between Peninsula Open Space Trust, a California Public Benefit Corporation, and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by this reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The President of the Board of Directors, or other appropriate officer, is authorized to execute the Memorandum of Unrecorded Grant Agreement with the Wildlife Conservation Board and the attendant Certificate of Acceptance on behalf of the District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance to seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Five. The General Manager of the District is authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Six. The General Manager and General Counsel are further authorized to approve any 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 this transaction. Section Seven. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$2,000,000 from the proceeds of the next long- term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Bear CreeQRedwods Open Spa% Preserve Proposed POST Acquisition Bear Creek Redwoods Open Space Preserve (260 acres) Web \4 � � i r � i�� - - �, '':-.._ •� •ram' ,=---- i f I f I J Bear Creek Redwoods E . Open Space Preserve (6 acres) Proposed POST Acquisition (805 acres) • t t l I Exhibit A: Site Map 0 1000 2000 Feet Bear Cree' redwoods Open Sp, Preserve R ..josed POST Acquisi .in Dyer Creek Unit Completed 1999 (125 acres) I 1 , it 1 ' r t i 4 It -- • t r'�F '/ t � 1 � §'� µ � k p A. 5 3 i — .r" J��,f�L X(J!// `' `.r f r'Y .� _ `_ i •1 �" !�, prh,jt�l��$ . � `iy� X, x. o t Aldercroft Unit Near Completion 164 acres) Webb Creek Unit ANCompleted 4/01 182 acres) _ { THP Amendment Approved 5/4/01 (20 acres) k' Exhibit B: Timber Harvest Map 0 1000 2000 Feet I — — PROPERTY ACQUISITION AGREEMENT Peninsula Open Space Trust/Midpeninsula Regional Open Space District Upper Portion of the Bear Creek Redwoods Open Space Preserve, Santa Clara County RECITALS WHEREAS Grantor, the Peninsula Open Space Trust (hereinafter, "POST"), is a private non-profit organization, existing under section 501(c)(3) of the United States Internal Revenue Code and having among its principal charitable purposes the preservation of land for scenic, historic,agricultural, and open space purposes; and WHEREAS Grantee, the Midpeninsula Regional Open Space DISTRICT(hereinafter, "DISTRICT"), is a public agency organized pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code for the purpose of acquiring, holding and managing real property as open space and for public access and natural resource protection; and WHEREAS the California State Coastal Conservancy(hereinafter, "Conservancy"), is an agency of the State of California charged under Division 21 of the Public Resources Code with preserving, protecting, and enhancing the coast of California. The Conservancy is authorized to award and condition grants to qualified non-profit organizations to help achieve these purposes; and WHEREAS POST is the legal owner of the fee interest in real property in the County of Santa Clara, State of California, consisting of approximately 805 acres commonly known as the "Upper Portion of the Bear Creek Redwoods Open Space Preserve"; and WHEREAS POST acquired said real property for Ten Million Dollars ($10,000,000.00) plus associated transaction and stewardship costs("Acquisition Price"); and WHEREAS at its December 1, 1999 public meeting, the Conservancy authorized disbursement of funds to POST to assist POST in the acquisition of fee title to the real property by helping to repay the acquisition loan; and WHEREAS the December 1999 action of the Conservancy was subject to certain conditions, including a requirement that POST permanently dedicate the real property for public access, open space preservation and for resource enhancement and restoration and that POST enter into an agreement with the DISTRICT to convey the real property to the DISTRICT upon the fulfillment of specified contingencies; and WHEREAS to protect the public's interest in the real property, POST and the Conservancy entered into an "Irrevocable Offer to Dedicate" recorded February 28, 2000 ("the Irrevocable Offer to Dedicate"), which provides, inter alia, that the real property has been acquired for public access, natural resource protection and open space preservation and that it Page 1 shall not be used for any purposes inconsistent therewith; and WHEREAS the California Wildlife Conservation Board(hereinafter, `Board"), is an agency of the State of California charged under Chapter 4, Division 2 of the California Fish and Game Code with preserving,protecting, and restoration of wildlife within the State of California which will provide compatible public use. The Board is authorized to award and condition grants to qualified public agencies to help achieve these purposes; and WHEREAS to facilitate the DISTRICT's acquisition of the real property, DISTRICT and the Board entered into Real Property Grant Acquisition Agreement dated February 17, 2000, which provides grant funds to acquire the"Upper Portion of the Bear Creek Redwoods Open Space Preserve", and inter alia, that the real property shall be acquired for the purposes of wildlife habitat preservation, restoration and management, wildlife-oriented education and research, and for compatible public uses; and WHEREAS for the purposes of providing public access,protecting the natural resources of the real property, and preserving open space in perpetuity, POST now desires to convey the fee interest in the real property to the DISTRICT once an amount of funds adequate to repay the acquisition loan has been obtained from the Conservancy and other sources and the DISTRICT desires to assume the fee interest in the real property as soon as feasible; and WHEREAS through this purchase and sale agreement the parties intend to provide for the conveyance of the real property from POST to the DISTRICT in fulfillment of their mutual desires and the Grant Agreement and to bind themselves and their respective assigns and successors in interest. NOW THEREFORE, in consideration of the foregoing recitals,the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, POST and DISTRICT agree as follows: 1. Purchase and Sale. A. POST agrees to sell to DISTRICT and DISTRICT agrees to purchase from POST,POST's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately Eight Hundred and Five (805) acres, more or less. Said property is further described in the Legal Description that is a part of Preliminary Report number 493158-MM, dated April 20,2001, from Old Republic Title Insurance Company. A copy of said Preliminary Report is attached hereto as Exhibit"A", and incorporated herein by this reference. B. Said property is to be conveyed together with any easements, rights of way, or rights of use, which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances are herein called the"Property" Page 2 C. DISTRICT accepts the title to the Property conveyed hereunder as subject to the "Irrevocable Offer to Dedicate" entered into between POST and the Conservancy and recorded February28, 2001 (attached hereto as Exhibit`B" and incorporated herein b rP Y this reference), acknowledges the validity of the same and hereby agrees to be bound by the restrictions, covenants and conditions of that agreement. D. As a consideration for the $2,000,000.00 acquisition grant from the Board, DISTRICT agrees to record a Memorandum of Unrecorded Grant Agreement over the Upper Portion of the Bear Creek Redwoods Open Space Preserve attached hereto as Exhibit"C" and incorporated by this reference. 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two Million Dollars($2,000,000.00), (which is twenty percent(20%) of the Ten Million Dollars ($10,000,000.00) purchase price of the Property on July 15, 1999); which shall be paid in cash at the"Closing"as defined in Section 3.A hereof. 3. Escrow. An escrow has been opened at Old Republic Title Insurance Company, 1900 The Alameda, San Jose, CA 95126, (408) 296-4500 as Escrow number 493158-MM (hereinafter "Escrow Holder")through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver,pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before July 31, 2001, provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed(as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. B. POST and DISTRICT shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. POST shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit"A". D. DISTRICT shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed duly executed by DISTRICT and to be dated as of the Closing. Page 3 (ii) An executed and recordable Memorandum of Unrecorded Grant Agreement and attendant Certificate of Acceptance in the form of said Exhibit"C". (iii) DISTRICT's check payable to Escrow Holder in the amount of Two Million Dollars ($2,000,000.00). E. DISTRICT shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by DISTRICT, all recording costs and fees, and all other costs or expenses not otherwise provided for in this Agreement. All current property taxes on the Property shall be pro-rated through escrow between DISTRICT and POST as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Old Republic Title Insurance Company is prepared and committed to deliver to DISTRICT, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring DISTRICT in the amount of$10,000.000.00 for the Property, showing title to the Property vested in fee simple in DISTRICT, subject only to: (i)current real property taxes, (ii) listed exceptions numbered 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,24, 25, 26, 28, 30, and 32, as shown in Exhibit A, and(iii) such additional title exceptions as may be approved in writing by DISTRICT prior to the Closing as determined by DISTRICT in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed, Memorandum of Unrecorded Grant Agreement and attendant Certificate of Acceptance, to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to DISTRICT the original of the policy of title insurance required herein, and to POST Escrow Holder's check for the full purchase price of the Property and to DISTRICT or POST, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Covenant Regarding Recognition of Significant Supporters. DISTRICT acknowledges and agrees that POST reserves the right to specially recognize Significant Supporters as defined in and in compliance with the criteria set out in DISTRICT's Policies for Site Naming and Gift Recognition and Bench Site Selection Criteria as are now in effect and as such may hereinafter be amended from time to time by the naming in a manner desired by a Significant Supporter(s) and acceptable to POST of any specific locations, land formations, trails, natural and physical features, staging areas and other site improvements, or areas of significance within the Property. Notwithstanding the foregoing, in no event shall the entire Property be named after any individual or Significant Supporter(s). POST may exercise this reservation by stating in writing to DISTRICT its request for such recognition on or before five (5) years following the Closing. Such recognition shall be unobtrusive and consistent with the purpose for which the DISTRICT is acquiring the property including the preservation of public open space and natural habitat. Any and all costs associated with such recognition shall be borne by POST. This reservation Page 4 shall automatically terminate five (5) years from the date of Closing. DISTRICT agrees to describe such designations of the features or portions of the Property as appropriate on any and all maps and trail brochures of the Property. 5. Tights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its rights f against an a whose title and escrow cancellation charges (subject to g s o subrogation agar y party fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 6. Indemnification. DISTRICT agrees to indemnify and hold POST, its officers, directors, agents, and employees harmless and defend POST as follows: A. "Indemnitees" shall mean POST, its officers, directors, agents, and employees. B. Indemnitees shall be indemnified and held harmless from any and all liability in connection with POST's activities in connection with the Property which occurred prior to the effective date of this agreement, including but not limited to POST's acquisition of the Property, any and all discussions leading to such acquisition, POST's entering into the agreement referred to in Section 1 herein, POST's management of the Property and POST's execution and performance of this Agreement. This indemnity includes any and all liability, loss, damage,judgment, claim, suits, actions, causes of actions, demands, proceedings, costs and expenses(including,but not limited to, reasonable attorneys' fees and costs) (collectively"Claims") asserted, suffered, incurred by or threatened against Indemnitees or any one of them in any way connected with the Property. It specifically includes but is not limited to any and all claims against Indemnitees set forth in that certain action filed in Sacramento County Superior Court by Pietro G. Denevi against the DISTRICT and certain Indemnitees, bearing Case No. OICS00557 (the"Pending Action"). It also includes but is not limited to any other claims against Indemnitees which may arise out of or are connected with (i)any governmental or quasi-governmental permits, licenses, consents,entitlements or approvals (collectively"Approvals") now, previously or hereafter sought by or issued to anyone relating to the subdivision, lot line adjustment, development, improvement, use, timber harvesting or operation of all or any portion of the Property, including without limitation any Approvals relating to residential development and/or golf course development; and (ii)the Pending Action or any other action in which it is asserted that any action of the Indemnitees(A) constitutes interference with the contractual rights or the prospective business advantage of the claimant(s); or(B) are unauthorized, illegal or otherwise improperly undertaken by the Indemnitees; or(C) seeking to set aside, void or otherwise prevent or inhibit any transactions contemplated by this Agreement or any other transaction with respect to the Property undertaken by Indemnitees or any of them. Page 5 C. This Section 6 Indemnity shall survive the Closing of this sale, shall survive the recordation of each deed and shall not be merged thereby. D. Defense of any claim shall be by such qualified outside counsel as is reasonably acceptable to DISTRICT and Indemnitees. The costs of defense of any claim and all attorneys' fees shall be paid by DISTRICT. DISTRICT has requested that Indemnitees agree to joint representation in any matters in which DISTRICT and Indemnitees are both named parties, among other reasons, for the purpose of reducing overall defense costs and coordinating defense activities and achieving the most effective possible defense of the Claims. DISTRICT and Indemnitees hereby consent to such joint representation by DISTRICT's counsel and agree to waive any actual or potential conflicts that may arise therefrom. Indemnitees specifically acknowledge and agree that they will not later argue or assert that any such joint representation is grounds for disqualifying DISTRICT's counsel from representing DISTRICT, or any of DISTRICT's employees, agents or principals in any matter wherein DISTRICT's and Indemnitee's interests may be or become adverse. During the course of such joint representation, DISTRICT shall have final decision making authority with respect to administration of the joint defense, but DISTRICT shall in good faith consult and confer with POST and its counsel on all material decisions relating to such joint defense. DISTRICT shall not have the right to settle or compromise any claim if POST and the other Indemnitees have not previously consented thereto. The Indemnitees' consent shall not be unreasonably withheld,but under no circumstances shall POST be required to consent to any proposed compromise or settlement that results in or will result in any cost,expense, obligation, liability and/or other financial exposure to POST or any other Indemnitee, and any Indemnitees' withholding of consent on that basis shall conclusively be deemed reasonable. DISTRICT shall cause its counsel to copy POST and its counsel on all pleadings and material correspondence and shall regularly inform POST and its counsel of the progress and status of the joint defense. If such joint defense becomes necessary, DISTRICT and each Indemnitee shall enter into an appropriate joint defense agreement on reasonable terms to implement such joint defense. If during the course of such joint defense, either the DISTRICT or POST determines (in its sole discretion) that such joint defense is not in its best interests, then either DISTRICT or POST may withdraw from such joint representation by giving written notice to the other. All Indemnitees shall be deemed to have withdrawn if either the DISTRICT or POST withdraws. In the event of a withdrawal: (i) If DISTRICT is the withdrawing party, or POST is required to withdraw by reason of an actual conflict of interest, DISTRICT shall pay the reasonable costs of POST's defense provided by its separate counsel (selected by POST, subject to DISTRICT's reasonable approval), subject to DISTRICT's right to seek reimbursement for such costs upon a showing that its decision to withdraw from the joint defense was reasonable and was necessitated by the refusal of POST to cooperate reasonably in presenting a joint defense. (ii) If POST is the withdrawing party, POST shall pay the costs of the defense of any Indemnitee with respect to the claim which is the subject of the joint Page 6 defense and DISTRICT shall have no current obligation or responsibility for the same, subject to POST s right to seek full reimbursement for such costs upon a showing that its decision to withdraw from the joint defense was reasonable and was necessitated by the refusal of DISTRICT or its counsel to cooperate reasonably in a joint defense. In no event shall POST's withdrawal from any joint defense, which withdrawal may be for any reason whatsoever, exonerate or relieve DISTRICT in any way from its indemnity obligation under this Section 6 Indemnity. E. Notwithstanding anything to the contrary contained in this Agreement, DISTRICT's maximum aggregate monetary liability pursuant to this Section 6 Indemnity shall be limited to the sum of One Million Dollars ($1,000,000.00). 7. Miscellaneous Provisions. A. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement,the construction of its terms and the interpretation of the rights and duties of the parties. B. Amendment. The parties hereto may by mutual written agreement amend this Agreement in any respect. C. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right,power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power, or remedy available to such party. D. Notice. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement(or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by, telex,telecopy, telegraph or cable or other similar electronic medium and addressed as indicated as follows: POST: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: President TEL: (650) 854-7696 FAX: (650) 854-7703 Page 7 1 DISTRICT: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 Conservancy: California Coastal Conservancy 1330 Broadway, 1 lth Floor Oakland, CA 94612-2530 Attn: Legal Counsel TEL: (510) 286-1015 FAX: (510)286-0470 Board: Wildlife Conservation Board 1807 13t' Street, Suite 103 Sacramento, CA 95818 Attn: Executive Director TEL: (916)445-0137 FAX: (916) 323-0280 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail(in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third(3rd)business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time,by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate,but any oral notice given shall not satisfy the requirements provided in this Section. E. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions that will achieve,to the extent possible,the economic,business and other purposes of the void or unenforceable provisions. F. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. Page 8 G. Waive. No waiver of any term,provision or condition of this Agreement,whether by conduct or otherwise, in any one or more instances, shall be deemed to be,or be construed as, a further or continuing waiver of any such term,provision or condition or as a waiver of any other term, provision or condition of this Agreement. H. Entire Agreement, This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties t n exclusive statement of the terms and conditions hereto; it constitutes a complete and exclusi s e thereof, and it supersedes any and all prior correspondence, conversations,negotiations, agreements or understandings relating to the same subject matter. I. Time of the Essence. Time is of the essence of each provision of this Agreement in which time is an element. J. Survival of Covenants. All covenants of DISTRICT or POST which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. K. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. L. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. M. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. N. Pronouns and Gender. In this Agreement, if appropriate,the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. O. Authority. POST and DISTRICT both represent and warrant that each has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. P. ,Effective Date. The effective date of this agreement shall be June 27, 2001. Page 9 GRANTOR: PENINSULA OPEN SPACE TRUST By: Date: Audrey C. Rust President GRANTEE: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved as to Form: By: Date: Susan M. Schectma n General Counsel Recommended for Approval: By: Date: L. Craig Britton General Manager Approved and Accepted: By: Date: Pete Siemens President, Board of Directors Attest: By: Date: Lisa Zadek Acting District Clerk Page 10 * "*OLD REPUBLIC TITLE COMPANY * * ** 1900 THE ALAMEDA • SAN JOSS,CA • 95126 • (4W)557-"00 Fax:(408)249-2314 PRELIMINARY REPORT update Issued for the sole use of: Our Order No. 4 93158-MM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Reference 330 DISTEL CIRCLE LOS ALTOS, California 94022 When Replying Please Contact: Attention: MIKE WILLIAMS Mary Montonye Property Address: Bear Creek Road [UPPER] , Los Gatos, CA [Unincorporated area of Santa Clara County] In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies may be set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to jprovide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of April 20th 2001 , at 7:30 A.M. OLD REPUBLIC TITLE COMPANY For Exceptions Shown or Referred to,See Attached :r a a"IT A....�..� Page 1 of 19 Pages Page ORT 3157-A (Rev. 5/1/00) OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update The form of policy of title insurance contemplated by this report is: a CLTA Standard Coverage - 1990, Owner's Policy. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred to covered by this Report is: a FEE. Title to said estate or interest at the date hereof is vested in: PENINSULA OPEN SPACE TRUST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION Page 2 of 19 Pages Page ORT 3157-A1 (Rev 1-1-95) OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update The land referred to in this Report is situated in the County of Santa Clara , in the unincorporated area, State of California,and is described as follows: PARCEL ONE: ALL OF LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT", WHICH MAP WAS FILED FOR RECORD ON JANUARY 20, 1888 IN BOOK C OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS. ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) AND 544-30-002 (PORTION) PARCEL TWO: BEING ALL OF THE PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MAY 7, 1985 IN BOOK J339 PAGE 607 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: ALL OF LOT 10 OF THE RENOWDEN TRACT, AS LAID DOWN AND DELINEATED UPON A MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JANUARY 20, 1888 AND RECORDED IN VOLUME "C" OF MAPS, AT PAGE 51. 'EXCEPTING THEREFROM THAT PARCEL OF LAND CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2325-24-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO. 8396378 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM SO MUCH OF SAID LOT NO. 10 THAT LIES WITHIN THE PARCEL OF LAND AS CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2324-25-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO 8373075 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM ALL OF LOT 10 THAT LIES WITHIN THE PARCEL OF LAND CONVEYED BY CHA,S. MCKIERMAN, ET AL, TO HERMAN PETERSON, BY DEED RECORDED IN VOLUME 95 AT PAGE 236, SANTA CLARA COUNTY OFFICIAL RECORDS, ON AUGUST 27, 1887. ASSESSOR'S PARCEL NO. 544-30-002 (PORTION) PARCEL THREE: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302 PAGE 1164 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT A STAKE STANDING IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID STAKE BEING 200 FEET EAST FROM THE SOUTHWEST CORNER OF SAID QUARTER SECTION; AND RUNNING THENCE WEST ALONG SAID SOUTH LINE OF SAID QUARTER SECTION 200 FEET TO THE SAID SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH AND ALONG THE WEST LINE OF SAID NORTHEAST 1/4 SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, 210 FEET TO A STAKE; THENCE IN A STRAIGHT LINE SOUTHEAST TO THE PLACE OF BEGINNING. EXHIBI%� Page 3 of 19 Pages .__. �...12-L- ORT 3157-C OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) PARCEL FOUR: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302 PAGE 1160 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE NORTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-50-001 PARCEL FOUR A: A RIGHT OF WAY APPURTENANT TO PARCEL NO. FOUR ABOVE DESCRIBED, FOR THE PURPOSES OF ORDINARY TRAVEL, AS GRANTED BY STANDARD OIL COMPANY, A CORPORATION TO EDWARD W. GORDON, BY INSTRUMENT DATED JUNE 9, 1909 AND RECORDED JUNE 16, 1909 IN BOOK 345 OF DEEDS, AT PAGE 205, WHICH RIGHT OF WAY IS 15 FEET WIDE, THE CENTERLINE OF WHEREOF IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS EIGHT AND SIXTY-TWO HUNDREDTHS (8. 62) CHAINS NORTH OF THE CENTER OF SAID SOUTHEAST QUARTER (S.E. 1/4) ; RUNNING THENCE SOUTH 66` WEST ONE AND FORTY-FIVE HUNDREDTHS (1.45) CHAINS; THENCE SOUTH 74" WEST ONE AND EIGHTY-FIVE HUNDREDTHS (1.85) CHAINS; THENCE SOUTH 68" 15' WEST TWO AND FIVE HUNDREDTHS (2.05) CHAINS; THENCE SOUTH 86' 15' WEST ONE AND SIXTY HUNDREDTHS (1.60) CHAINS SOUTH 68" 30' WEST TWO AND EIGHT HUNDREDTHS (2.08) CHAINS; THENCE TWO AND SEVENTY-FOUR HUNDREDTHS (2.74) CHAINS; THENCE NORTH 59' WEST ONE AND SIXTY HUNDREDTHS (1.60) CHAINS; THENCE NORTH 31` 50' WEST FOUR AND THIRTY-SEVEN HUNDREDTHS (4.37) CHAINS; THENCE NORTH 5* WEST ONE AND FIFTEEN HUNDREDTHS (1.15) CHAINS. PARCEL FIVE: BEING THAT PARCEL DESCRIBED'IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302, PAGE 1166 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A 3" X 4" POST AND IRON PIPE STANDING AT THE COMMON CORNER OF SECTIONS 5, 6, 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, AT THE NORTHWESTERLY CORNER OF THAT CERTAIN 80 ACRE TRACT IN SAID SECTION 8 CONVEYED BY D.E. WISEMAN, ET UX, TO JESSIE ROBERTSON BY DEED DATED SEPTEMBER 13, 1913 AND RECORDED IN VOLUME 408 OF DEEDS, AT PAGE 104, ET SEQ. IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA AND RUNNING THENCE SOUTHERLY AND ALONG THE LINE BETWEEN SECTIONS 7 AND 8 WHICH HERE FORMS THE WESTERLY LINE OF SAID 80 ACRE TRACT, SOUTH 0* 11'° EAST 18. 90 CHAINS, TO A 6" X 6" POST AND IRON PIPE STANDING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE TRACT, AND FORM WHICH A REDWOOD 20" IN DIAMETER BEARS SOUTH 38-3/4- WEST 0.55 CHAINS, AND A REDWOOD 12" IN DIAMETER BEARS NORTH 57-3/4- WEST, 0.55 CHAINS, BOTH TREES MARKED 11B.T. .1/8S"; THENCE EASTERLY AND ALONG THE SOUTHERLY LINE OF SAID 60 ACRE TRACT, SOUTH 89* 56' EAST 15.18 CHAINS TO A 2" X 3" STAKE MARKED EXHISIT.. A...----- Page 4 of 19 Pages Page 3-0-39L- ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update "T.R.2" FROM WHICH A FORKED MADRONE 14" IN DIAMETER BEARS SOUTH 82-1/2' EAST, 0.027 CHAINS AND A REDWOOD 22" IN DIAMETER BEARS NORTH 44` WEST 1.273 CHAINS, BOTH TREES MARKED "B.T.T.R.2"; THENCE NORTHERLY AND ALONG THE LINE PARALLEL TO SAID LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0* 11' WEST 19.15 CHAINS TO A 2" X 3" STAKE MARKED T.R. 1 STANDING IN THE LINE BETWEEN SAID SECTIONS 5 AND 8, AND FROM WHICH A MADRONE 10" IN DIAMETER BEARS NORTH 56 3/4` WEST 0.087 CHAINS, AND A FORKED TAN OAK 16" IN DIAMETER BEARS NORTH 64-3/4' EAST 0.39 CHAINS, BOTH TREES BEING MARKED "B.T.T.R.1"; AND THENCE WESTERLY AND ALONG SAID LINE BETWEEN SAID SECTIONS 5 AND 8, WHICH HERE FORMS THE NORTHERLY BOUNDARY OF SAID 80 ACRE TRACT, SOUTH 89` 08' WEST 15.18 CHAINS TO THE POINT OF BEGINNING; BEING A PART OF THE ABOVE MENTIONED 80 ACRE TRACT IN SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-33-014 PARCEL SIX: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK J303 PAGE 921 OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT THE OFFICIAL QUARTER SECTION CORNER IN THE LINE DIVIDING SECTIONS 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN; AND RUNNING THENCE ALONG THE SECTION LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0- 11' WEST 18.90 CHAINS TO A 6" X 61' POST MARKED 1/8 S. AND 2" PIPE STANDING AT THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED BY JESSIE ROBERTSON AND W.J. ROBERTSON TO HARRY L. TEVIS, BY DEED DATED JANUARY 15, 1916 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY IN VOLUME 438 OF DEEDS, AT PAGE 332; RUNNING THENCE ALONG THE SOUTH LINE OF SAID 28.88 ACRE TRACT AND THE PROLONGATION THEREOF, EASTERLY SOUTH 89" 56- EAST, 15.765 CHAINS TO A POINT FROM WHICH THE SOUTHEAST CORNER OF THE ABOVE MENTIONED 28.88 ACRE TRACT BEARS NORTH 89* 56' WEST 0.585 CHAINS; RUNNING THENCE PARALLEL TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID 28.88 ACRE TRACT, SOUTH 0" 11' EAST 19.15 CHAINS TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF THE LAND OF E.W. BIDDLE AND IN THE QUARTER SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 8; RUNNING THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LAND OF BIDDLE AND ALONG SAID QUARTER SECTION LINE NORTH 89- 5' WEST, 15.765 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PORTION OF THE SOUTH 1 2 OF THE NORTHWEST 1/4 OF SAID G G / SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-56-004 PARCEL SEVEN: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 6, 1985 IN BOOK J420 PAGE 731 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M.; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID iMIT Page---.5—of 19 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50 CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2' EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/2* WEST 5.92 CHAINS, SOUTH 8' 30' EAST 0.61 CHAINS, SOUTH 1- WEST 0.83 CHAINS, SOUTH 18' 40' WEST 1.08 CHAINS, SOUTH 4' 45' WEST 1.06 CHAINS, SOUTH 35` 30' WEST 1.65 CHAINS, SOUTH 72- 30' WEST 1.55 CHAINS, SOUTH 89` 30' WEST 1.15 CHAINS, SOUTH 70' 15' WEST 1.48 CHAINS, SOUTH 81' 20' WEST 1.03 CHAINS, NORTH 89- 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE SOUTH 0' 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0" 12' WEST 3.18 CHAINS; THENCE SOUTH 43" 40' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE IN A GENERALLY NORTHERLY DIRECTION ALONG THE CENTER OF DOUGHERTY ROAD TO THE THIRD POINT OF INTERSECTION OF THE SECTION LINE BETWEEN SECTIONS 5 AND 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID POINT BEING APPROXIMATELY 220 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 6; THENCE NORTH ALONG SAID SECTION LINE TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. 544-31-003 PARCEL EIGHT: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 3, 1985 IN BOOK J310, PAGE 662 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THAT PORTION OF THE TRACT OF LAND FORMERLY BELONGING TO GEO. H. BASSETT AND WIFE, LOCATED IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M., ACQUIRED BY DEED DATED JUNE 18, 1902, MADE BY WM. B. RANKIN, ET AL TO GEO H. BASSETT, ET AL, WHICH DEED IS RECORDED IN VOL. 252 OF DEEDS, PAGE 490, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA WHICH PORTION OF SAID LANDS WHEREIN CONVEYED IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO WIT: BEGINNING AT A POINT IN THE CENTER LINE OF DOUGHERTY ROAD WHERE THE SAME IS INTERSECTED BY THE PROLONGATION EASTERLY OF THE SOUTHERLY LINE OF LOT 6, AS THE SAME IS DESIGNATED AND DELINEATED ON THE MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT, WHICH MAP IS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK "C" OF MAPS, PAGE 51, SAID PORTION OF COMMENCEMENT BEING DESIGNATED AS ENGINEER'S STATION K.R.3 AS SET BY A.T. HERRMANN OF HERRMANN BROS., SURVEYORS AND C.E. 'S, SAN JOSE, CALIFORNIA AND SHOWN ON A MAP OF SURVEY OF THE PROPERTY OF SAID DR. GEO H. BASSETT AND WIFE, IN �a Page 6 of 19 Pages ® QM g g j ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M., SURVEYED BY SAID A.T. HERRMANN ON AUGUST 4, 5 AND 6, 1903, FROM WHICH STATION K.R.3. A MADRONE TREE 10" IN DIAMETER BEARS S. 87' 30' W. 47 LINKS AND A TAN OAK TREE 8" IN DIAMETER BEARS N. 53* 35' W. 0.667 CHAINS; THENCE ALONG THE SAID DOUGHERTY ROAD FROM STATION K.R.3. THE FOLLOWING COURSES AND DISTANCES, AS SO SURVEYED BY SAID A.T. HERRMANN AND DESCRIBED ON SAID MAP OF SUCH SURVEY, NAMELY: DOUGHERTY ROAD FROM K.R.3 NORTHWARD. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 30-1/2' W. 1.00 1 N. 9' W. , 1.50 2 N. 16-1/2' E. 1.00 3 N. 44-1/2' E. 0.75 4 N. 86" 45' E. 1.30 5 N. 39` E. 2.36 6 N. 40' w. 2.50 7 N. 0' 45' W. 1.50 8 N. 14` 15' E. 3.25 9 N. 66' 15' E. 1.50 10 N. 88* 45' E. 2.22 11 N. 79' 45' E. 2.17 12 S. 61' 0 ' E. 2.45 13 S. 75-1/4' E. 0. 62 14 N. 42' 15' E. 5. 90 15 N. 58' 45' E. 1.30 16 S. 89' 16' E. 1.70 17 N. 37' 30' E. 2.40 18 N. 56' E. 2. 68 19 N. 76' 30' E. 1.75 20 S. 72' 15' E. 1.25 21 S. 45' 45' E. 2.20 22 S. 32' 30' E. 2.80 23 S. 41* 45' E. 1.45 '24 S. 63' 15' E. 1.65 25 N. 65' 45' E. 0.355 26 WHERE A 1-1/4" IRON PIPE IS SET, FROM WHICH PIPE A VAL. OAK TREE 25" IN DIAMETER MARKED B, BEARS S. 70-3/4- E. 1.12 CHS. AND A LIVE OAK TREE 6" IN DIAMETER BEARS N. 83-1/4" W. 0.45 CHS; THENCE SOUTH 0* 23' E. 14.13 CHS. TO A STATION NUMBER 1/4S WHERE A 4" X 4" STAKE AND IRON PIPE IS SET, AND FORM WHICH A BLACK OAK 24 INCHES IN DIAMETER BEARS S. 12* E. 0.54 CHS. AND A MADRONE TREE 10" IN DIAMETER BEARS S. 67-1/2* E. 0.29 CHS.; THENCE SOUTH 0" 06' E. 14. 64 CHS. TO A POINT IN THE CENTER LINE OF COLLINS CREEK DESIGNATED ENGINEER'S STATION F.R. ; FROM WHICH POINT A REDWOOD TREE 5" IN DIAMETER BEARS S. 13* 40' E. 0.25 CHS. AND A MAPLE TREE 9" IN DIAMETER IN A BUNCH OF 6 LARGE AND 12 SMALL MAPLE TREES BEARS N. 15" 05' E. 0.79 CHS. AND A FALLS IN THE CREEK ON A LEDGE RUNNING NORTH AND SOUTH AND TWO TO THREE FEET HIGH, 10 LINKS N.E. OF SAID POINT; RUNNING THENCE ALONG SAID CENTER LINE OF COLLINS CREEK, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: LAHA'WT -- Page 7 of 19 Pages Page �i- ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update COLLINS CREEK FROM F.R. TO M.B. : COURSE DISTANCE IN CHAINS TO STATION NUMBERED S. 50-1/2' W. 1.20 1 S. 37-1/2' W. 1.04 2 S. 45' W. 0.90 3 S. 29-3/4' E. 0.66 4 S. 68-3/4' W. 1.10 5 S. 70-1/4' W. 1.42 6 S. 51-1/2' W. 0.78 7 S. 61' W. 0.90 8 & MB WHICH ENGINEER'S STATION M.B. BEARS N. 74' W. 0.20 CHS. FROM A REDWOOD TREE 10" IN DIAMETER MARKED B.T.M.B. ; THENCE LEAVING SAID COLLINS CREEK AND RUNNING ALONG A BOUNDARY CANYON FROM SAID STATION M.B. TO STATION BB, WITH THE FOLLOWING COURSES AND DISTANCES NAMELY: BOUNDARY CANYON FROM M.B. TO B.B. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 28-1/2' W. 1.33 A N. 40-1/2' W. 2.40 B N. 54' W. 2.00 C N. 58-3/4' W. 1.46 D N. 49' W. 1.67 E N. 66-1/4' W. 1.25 F N. 56-3/4' W. 1.66 G N. 50-1/4' W. 1.55 H N. 70' W. 1.81 BB WHICH SAID STATION BB IS MARKED BY A 3" X 3" PICKET IN THE CENTER OF A GULCH AND MAPLE TREE 10 INCHES IN DIAMETER IN A BUNCH OF 3 MAPLE TREES BEARS S. 4-1/2' W. 0.36 CHS. AND A BUCKEYE TREE 8 INCHES IN DIAMETER IN A BUNCH OF 6 BUCKEYE TREES BEARS S. 82-1/2' W. 0.25 CHS. BOTH OF WHICH TREES ARE MARKED B.T.B.B. ; THENCE S. 54' W. 9 CHS. TO A POINT IN BISSELL LANE AND A PIPE MARKED B.B. FROM WHICH A 4" X 4" WITNESS POST MARKED B.T.B.B. BEARS N. 54' 50' E. 0.27 CHS. AND A MADRONE TREE SIMILARLY MARKED 45 INCHES IN DIAMETER BEARS S. 8' W. 2.015 CHS. AND A POPLAR TREE 16 INCHES IN DIAMETER SIMILARLY MARKED BEARS N. 25-1/2' W. 0. 623 CHS.; THENCE ALONG THE CENTER LINE OF SAID BISSELL LANE, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: BISSELL LANE, CENTER LINE FROM B.B. TO L.D. COURSE pDISTANCE IN CHAINS TO STATION NUMBERED N. 9-1/2' W. 0.61 I N. 23-3/4' W. 0. 62 K N. 38-1/2' W. 1.00 L N. 42-1/2' W. 2.90 M Page 8 of 19 Pages Page ORT 3157-E f OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update N. 54-1/2' W. 0.72 N N. 67-1/2' W. 0.65 0 N. 84-3/4' W. 1.34 PIPE LD WHICH PIPE MARKED L.D. BEARS S. 67-1/4` E. 0.63 CHS. FROM A POPLAR TREE 11" IN DIAMETER AND A REDWOOD TREE 6" IN DIAMETER OUT OF A STUMP 6 FEET IN DIAMETER AND 10 FEET HIGH, BEARS S. 85- 5' W. 0.77 CHS. ; THENCE LEAVING SAID BISSELL LANE AND RUNNING ALONG THE ROAD, THE FOLLOWING COURSES AND DISTANCES, NAMELY: FROM "LD". COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 5' W. 1.75 1 N. 24' E. 1.60 2 N. 5' E. 1.95 3 N. 38' 30' E. 3.50 4 N. 10' W. 2.80 5 N. 37' 30' W. 0.75 6 & KR3 TO THE PLACE OF BEGINNING. ASSESSOR'S PARCEL NO. 544-31-002 PARCEL NINE: BEING PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 31, 1985 IN BOOK J415 PAGE 576 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M.; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA F WEST 15.50 COLLEGE; THENCE SOUTH TO THE NORTH LINE O SAID SECTION 6; THENCE S CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2' EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-12' WEST 5. 92 CHAINS, SOUTH 8- 30' EAST 0.61 CHAINS, SOUTH 1' WEST 0.83 CHAINS, SOUTH 18- 40' WEST 1.08 CHAINS, SOUTH 4' 45' WEST 1.06 CHAINS, SOUTH 35' 30' WEST 1.65 CHAINS, SOUTH 72' 30' WEST 1.55 CHAINS, SOUTH 69* 30' WEST 1.15 CHAINS, SOUTH 70' 15' WEST 1.48 CHAINS, SOUTH 81' 20' WEST 1.03 CHAINS, NORTH 89' 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE SOUTH 0* 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0' 12' WEST 3.18 CHAINS; THENCE SOUTH 43' 40' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB rumalT_ ,, Page 9 of 19 Pages Page 3— I, ORT 3157-E I OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE NORTHEASTERLY ALONG THE CENTER OF SAID DOUGHERTY ROAD TO A STAKE OPPOSITE THE GATE IN LANE LEADING TO THE RESIDENCE FORMERLY OWNED BY G.R. BISSELL; THENCE SOUTHERLY AND ALONG THE CENTER OF SAID LANE TO A STAKE STANDING OPPOSITE THE CENTER OF VINEYARD GATEWAY; RUNNING THENCE EASTERLY IN A STRAIGHT LINE THROUGH THE CENTER OF SAID GATEWAY AND ALONG THE CENTER LINE OF A ROAD BETWEEN CHARBONO AND MALVOISE GRAPES, BEING THE LINE DIVIDING LANDS FORMERLY OF RANKIN AND BISSELL, TO A STAKE IN FENCE; THENCE PROLONGING SAID CENTER LINE OF SAID ROAD TO THE CENTER OF A GULCH; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID GULCH TO THE CENTER OF COLLINS CREEK AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE UP THE CENTER OF COLLINS CREEK TO THE LINE DIVIDING SECTIONS 6 AND 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE EAST ALONG SAID LINE BETWEEN SAID SECTIONS 6 AND 7 AND 5 AND 8 TO THE CENTER OF RAVINE; THENCE DOWN THE CENTER OF SAID RAVINE TO THE CENTER OF COLLINS CREEK; THENCE UP THE CENTER OF COLLINS CREEK SOUTHWESTERLY, FOLLOWING THE MEANDERS OF COLLINS CREEK TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THE PETROLEUM, NAPTHA, ASPHALTUM AND OTHER SUBSTANCES CONTAINING OR PRODUCING OIL, AND ALL COAL, MINERAL AND MINERAL SUBSTANCES, AND THE RIGHT, PRIVILEGE AND EASEMENT TO HAVE, TAKE AWAY AND REMOVE TO THE USE AND BENEFIT OF T.G. MCLERAN, ET AL, AND THEIR HEIRS AND ASSIGNS ALL THE SUBSTANCES AFORESAID, AND FOR THAT PURPOSE, FROM TIME TO TIME AND AT ALL TIMES HEREAFTER TO ENTER UPON THE ABOVE DESCRIBED PREMISES WITH THEIR SERVANTS, AGENTS, ASSOCIATES AND ASSISTANTS TO PROSPECT, SEARCH, DIG AND BORE FOR SAID SUBSTANCES AND TO EXTRACT AND WORK THE SAME, AS CONVEYED TO T.G. MCLERAN, ET AL BY INDENTURE RECORDED OCTOBER 19, 1865 IN BOOK U OF DEEDS, PAGE 220 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NO. 544-31-002 (PORTION) 544-33-003 PARCEL TEN: BEGINNING AT A REDWOOD TREE 2 FEET IN DIAMETER MARKED 111/4 SEC." AND BEING THE 1/4 SECTION CORNER BETWEEN SECTIONS 31, TBS. , R1W AND SECTION 6, T9S, R1W; AND RUNNING THENCE ALONG THE LINE BETWEEN SAID SECTIONS 31 AND 6, NORTH 89-1/4' E. 15 CHAINS TO A MADRONE TREE 4 FEET IN DIAMETER MARKED WITH 3 NOTCHES FORE AND AFT (EAST AND WEST) FOR A STATION TREE ON SAID SECTION LINE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE 21.14 ACRE TRACT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2' WEST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/2- WEST 5.92 CHAINS, SOUTH 8' 30' EAST 0.61 CHAINS, SOUTH 12` WEST 0.83 CHAINS, SOUTH 18" 40' WEST 1.08 CHAINS, SOUTH 4- 45' WEST 1.06 CHAINS, SOUTH 35- 30' WEST 1.65 CHAINS, SOUTH 72' 30' WEST 1.55 CHAINS, SOUTH 89' 30' WEST 1.15 CHAINS, SOUTH 70' 15' WEST 1.48 CHAINS, SOUTH 81- 20' WEST 1.03 CHAINS, NORTH 89- 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE ALONG SAID 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID Page 10 of 19 Pages Pa ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update SECTION 6, NORTH 15.63 CHAINS TO THE POINT OF BEGINNING, AND BEING A PORTION OF SECTION 6 IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. AND M. ASSESSOR'S PARCEL NO. 544-31-004 PARCEL ELEVEN: BEING A PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 5, 1985 IN BOOK J312 PAGE 2167 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE, 24 INCHES IN DIAMETER, BEING THE OFFICIAL QUARTER SECTION CORNER IN THE MIDDLE OF THE NORTH LINE OF SECTION SIX (6) IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN, BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON MAY 26, 1892, FORMERLY OF KOPPIT2) ; THENCE RUNNING ALONG SAID LINE (BEING THE TOWNSHIP LINE) EAST, ONE QUARTER OF A MILE, TO THE MIDDLE OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE AT RIGHT ANGLES NORTH, TO THE ROAD KNOWN AS THE CHASE ROAD, THENCE RUNNING ALONG SAID CHASE ROAD IN A GENERAL WESTERLY DIRECTION TO THE NORTHEAST CORNER OF THE LAND OF H. PETERSON (AS EXISTING ON MAY 26, 1892) ; THENCE SOUTH ALONG THE EAST LINE OF SAID PETERSON'S LAND (AS EXISTING ON MAY 26, 1892) ALONG FENCE A DISTANCE OF FIFTY FEET, MORE OR LESS, TO THE ROAD LEADING FROM SAID CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) ; THENCE ALONG SAID ROAD IN A GENERAL SOUTHERLY DIRECTION TO A POINT FROM WHICH A STRAIGHT LINE DRAWN TO THE REDWOOD TREE, THE PLACE OF BEGINNING, WILL PASS SOUTH OF AND DISTANT SEVENTY-FIVE (75) FEET FROM THAT CERTAIN SPRING WHICH IS SITUATED ABOUT HALF WAY BETWEEN SAID CHASE ROAD AND SAID ROAD LEADING FROM THE CHASE ROAD TO SAID PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) AND NEAR THE WESTERN BOUNDARY OF THE LAND HEREBY CONVEYED, WHICH SPRING ISSUES AT A LARGE REDWOOD STUMP, IN A CLUMP OF REDWOOD TREES, AND NEAR THREE LARGE CALIFORNIA LAURELS; THENCE FROM SAID POINT NORTHEASTERLY ABOUT ONE-EIGHTH OF A MILE TO THE PLACE OF BEGINNING; AND BEING A PART OF LOTS 10 AND 12 OF THE SUBDIVISION OF THE RENOWDEN TRACT AS SHOWN UPON THE MAP THEREOF OF RECORD IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, IN BOOK "C" OF MAPS, PAGE 51. BEING THE SAME PREMISES GRANTED TO SAID PARTY OF THE FIRST PART BY J.B. RENOWDEN, ET AL, BY DEED DATED MAY 26, 1892, OF RECORD IN LIBER 146 OF DEEDS, ' A LARA COUNTY F SANT C RECORDER'S OFFICE F THE COU O PAGE 2 ET E IN THE COUNTY RECO 0 0 G 5 9, S Q , TO WHICH DEED AS THERE RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) AND 544-30-002 (PORTION) PARCEL TWELVE: BEING THAT PORTION DESCRIBED IN CERTIFICATE OF'COMPLIANCE RECORDED ON MAY 1, 1985 IN BOOK J334, PAGE 1832 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL ONE QUARTER (1/4) SECTION CORNER IN THE NORTH LINE OF SECTION 6, T.9.S.R.l.W. , M.D.M. , SAID POINT OF BEGINNING BEING ALSO THE NORTHWEST-CORNER OF LAND OF Page 11 of 19 Pages Page ORT 3157-E ..LL OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update MAHONEY (AS EXISTING ON JULY 6TH, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG THE 1/4 SECTION LINE SOUTH 5.16 CHAINS TO A STAKE MARKED "5411, FROM WHICH A BLACK OAK MARKED "B.T.R.55" BEARS S. 3* 30" W. 54 LINKS DISTANT; THENCE RUNNING ALONG THE CENTER LINE OF THE ROAD LEADING FROM THE CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON JULY 6TH, 1892) WITH THE FOLLOWING COURSES AND DISTANCES: S. 56' 37' W. 1.50 CHAINS; S. 73' 15' W. 0.61 CHAINS; N. 60' 45' W. 1. 94 CHAINS; N. 74' 30' W. 1.03 CHAINS; S. 70` 52' W. 0.59 CHAINS; S. 54` 30' W. 1.77 CHAINS; S. 47' W. 0.26 CHAINS; S. 88' W. 0.45 CHAINS; N. 54' 15' W. 0.53 CHAINS, AND N. 36- 46' W. 1.55 CHAINS; THENCE LEAVING SAID ROAD AND RUNNING ALONG THE SOUTHEASTERLY LINE OF LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE (AS EXISTING ON JULY 6TH, 1892) N. 60- 45' E. 9.95 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 10 OF THE RENOWDEN SUBDIVISION, AS RECORDED IN BOOK "'C", PAGE 51 OF MAPS, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 16* 30' E. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY J.B. RENOWDEN, BY DEED DATED JULY 6TH, 1892, OF RECORD IN LIBER 150 OF DEEDS, PAGE 94 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-30-002 (PORTION) PARCEL THIRTEEN: BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN BOOK J334, PAGE 1828 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE STANDING IN THE NORTH LINE OF SECTION SIX (6) , TOWNSHIP NINE (9) SOUTH, RANGE ONE (1) WEST, MT. DIABLO BASE AND MERIDIAN, SAID STAKE BEING DISTANT TWENTY (20) CHAINS EAST FROM A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL 1/4 SECTION CORNER IN THE SAID NORTH LINE OF SECTION 6, T. 9.S.R.1W. ; THENCE ALONG SAID LAST DESCRIBED SECTION LINE N. 89* 45' E. 9.00 CHAINS TO A 2" X 3" STAKE; THENCE NORTH 0.455 CHAINS TO THE CENTER LINE OF THE CHASE ROAD; THENCE RUNNING ALONG THE CENTER LINE OF SAID ROAD, WITH THE FOLLOWING COURSES AND DISTANCES; t. 82* 35' W. 0.68 CHAINS; N. 71* 15' W. 1.51 CHAINS; N. 67' 40' W. 3.33 CHAINS; N. 75' W. 1.06 CHAINS; N. 78' 30' W. 1.12 CHAINS; AND N. 74' 54' W. 1.745 CHAINS TO A POINT FROM WHICH A 2 X 3 INCH WITNESS STAKE BEARS SOUTH 8 1/2 LINKS DISTANT: THENCE 3.28 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 12 OF THE RENOWDEN SUBDIVISION, RECORDED IN MAP BOOK C, PAGE 51, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 16* 30' EAST. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY JOSEPH RENOWDEN, ET AL, BY DEED DATED AUGUST 17, 1892, OF RECORD IN LIBER I50 OF DEEDS, PAGE 496 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) Page 12 of 19 Pages Pago�Gii►.a-�� IL- ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update PARCEL FOURTEEN: BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK J303 PAGE 919 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE 2-1/2 INCHES IN DIAMETER AND FOUR FEET LONG, SAID POINT OF BEGINNING BEING N. 64* 44' E. 1.17-1/2 CHAINS FROM THE SOUTHWEST CORNER OF LOT NO. 11 OF THE RENOWDEN TRACT, AS RECORDED IN MAP BOOK C, PAGE 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; THENCE N. 6` 5' E. 1.71-1/2 CHAINS; S. 58' E. 1.95 CHAINS TO A STAKE, FROM WHICH BEARS A MADRONE TWO FEET IN DIAMETER S. 58' E. 3 LINKS MARKED B.T.L.G.N.3; THENCE S. 70' W. 1.94 CHAINS TO THE PLACE OF BEGINNING, BEING PART OF LOT 11 OF THE RENOWDEN TRACT AS RECORDED IN MAP BOOK C, PAGE 51 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND BEING SITUATED IN SECTION 31, T.8 S.R. 1 W. M.D.M. Assessor's Parcel No. 544-29-006 EXCEPTING FROM PARCELS ONE THROUGH FOURTEEN: Any and all timber growing, standing, lying, or down, together with all rights to harvest same, with free and unrestricted access to the real property for the purpposes of severing and removing the timber conveyed therein, including, but not limited to, the free and unrestricted use of any and all roads and roadways located upon the real property, togethre with the right to construct such roadway(s) as may be required in order to harvest the timber conveyed therein, as conveyed by Hong Kong Metro Realty Company, Inc., a California Corporation to Arlie Land and Cattle Company,' an Oregon Corporation, by deed recorded August 14, 1996 as instrument number 13408132 and as concurrently conveyed by Arlie Land and Cattle Company, an Oregon Corporation to Big Creek Lumber Company, ni Corporation b deed recorded August 14 1996 as instrument Inc. a California Co o , P Y g number 13408133. A544-28-4, 544-29-6; 544-30-2 and 3, 544-31-2,3 and 4 544-33-3, 14, 544-50-1; 544-35-6 cr/ci/bf 2-28-00 . il i Page 13 of 19 PagesY� ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes and assessments, general and special, for the fiscal year 2001-2002 a lien, but not yet due or payable. 2. Taxes for the fiscal year 2000-01. Bill No. : 544-29-006 Code Area: 75000 First Installment: $24.41, delinquent 10% penalty $2.44 Second Installment: $24.41, Delinquent, Cost & 10% Penalty $12.44 The above installments include a property tax exemption of none. 3. Taxes for the fiscal year 2000-01. Bill No. : 544-30-002 Code Area: 75000 First Installment: $73.44, Delinquent, 10% Penalty $7.34 Second Installment: $73.44, Delinquent, Cost & 10% Penalty $17.34 The above installments include a property tax exemption of none 4. Taxes for the fiscal year 2000-01. Bill No. : 544-30-003 Code Area: 75000 First Installment: $281.72, Delinquent, 10% Penalty $28.17 Second Installment: $281.72, Delinquent, Cost & 10% Penalty $38.17 The above installments include a property tax exemption of none. 5. Taxes for the fiscal year 2000-01. Bill No. : 544-31-002 Code Area: 80007 First Installment: $274.84, Delinquent, 10% Penalty $27.48 Second Installment: $274.84, Delinquent, Cost & 10% Penalty $37.48 The above installments include a property tax exemption of none. 6. Taxes for the fiscal year 2000-01. Bill No. : 544-31-003 Code Area: 75000 First Installment: $89.33, Delinquent, 10% Penalty $8.93 Second Installment: $89.33, Delinquent, Cost & 10% Penalty $18.93 The above installments include a property tax exemption of none. 7. Taxes for the fiscal year 2000-01. Bill No. : 544-31-004 Code Area:75000 First Installment: $61.60, Delinquent, 10% Penalty $6.16 1 Second Installment: $61. 60, Delinquent, Cost & 10% Penalty $16.16 The above installments include a property tax exemption of none. 8. Taxes for the fiscal year 2000-01. Bill No. : 544-33-003 Code Area:80007 First Installment: $211.79, Delinquent, 10% Penalty $21.17 Second Installment: $211.79, Delinquent, Cost & 10% Penalty $31.17 The above installments include a property tax exemption of none. 9. Taxes for the fiscal year 2000-01. Bill No. : 544-33-014 Code Area:80007 First Installment: $193.78, Delinquent, 10% Penalty $19.37 Second Installment: $193.78, Delinquent, Cost & 10% Penalty $29.37 The above installments include a property tax exemption of none. HWI! ...- Page 14 of 19 Pages ' ORT 3157-D OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 10. Taxes for the fiscal year 2000-01. Bill No. : 544-50-001 Code Area: 80007 First Installment: $223.45, Delinquent, 10% Penalty $22.34 Second Installment: $223.45, Delinquent, Cost & 10% Penalty $32.34 The above installments include a property tax exemption of none. 11. Taxes for the fiscal year 2000-01. Bill No. : 544-56-004 Code Area:80007 First Installment: $194.94, Delinquent, 10% Penalty $19. 94 Second Installment: $194.94, Delinquent, Cost & 10% Penalty $29.94 The above installments include a property tax exemption of none. 12. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. , of the Revenue and Taxation Code of the State of California. 13. Rights of the public, County and/or City, in and to that portion of said land lying within the lines of ANY EXISTING PUBLIC ROADS. 14. Any easement for water course over that portion of said land lying within ANY CREEKS, PONDS OR LAKES ON OR BOUNDING SAID PROPERTY and any changes in the boundary lines of said land that have occurred or may hereafter occur from natural causes. 15. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to GEORGE K. WHITE For RIGHT OF WAY Recorded April 2nd, 1868 in Book 8 of Deeds, Page 582 Affects 12 FOOT STRIP ALONG COLLINS CREEK AKA FROMENT CREEK 16. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to : F.M. STATLER For WATER PIPELINE AND ROAD Recorded September 19th, 1873 in Book E of Miscellaneous Records, Page 297 Affects PARCELS 7, 8, 9, AS TO WATER PIPELINE AND PARCEL 1 AS TO ROAD 17. Agreement for RIGHT TO CONDUCT WATER THROUGH A ONE INCH PIPE Executed by : JAMES C. MOODY AND HENRY C. TOZER On the terms, covenants and conditions contained therein, Recorded September 16th, 1898 in Book 6 of Miscellaneous Records , Page 325 (AFFECTS PARCELS 7, 8 AND 9) . Page 15 of 19 Pages Page . ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 18. POSSIBLE WATER PIPELINE OVER LOT 9 OF PARCEL ONE, DISCLOSED BY DEED RECORDED AUGUST 27, 1887 IN BOOK 95 OF DEEDS, PAGE 236. 19. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to : C. RAPETTI, ET AL For : TELEPHONE LINE Recorded : October 19th, 1909 in Book 350 of Deeds, Page 291 Affects : PARCELS I AND 9 20. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: For WATER PIPELINE, INGRESS AND EGRESS Recorded May 23rd, 1916 in Book 441 of Official Records, Page 393 Affects PORTION OF PARCEL 6 21. Agreement for DIVERSION OF WATER OF THE COLLINS CREEK Executed by : MONTEZUMA MOUNTAIN RANCH SCHOOL and Between : HARRY L. TEVIS On the terms, covenants and conditions contained therein, Recorded : May 21st, 1926 in Book 240 of Official Records, Page 488 MODIFICATION(S) THEREOF RECORDED: JUNE 6, 1926 IN BOOK 251 PAGE 89, OFFICIAL RECORDS. SAID AGREEMENTS WERE ASSIGNED TO SISTERS OF THE PRESENTATION, A CALIFORNIA CORPORATION, BY INSTRUMENT RECORDED AUGUST 24, 1956 IN BOOK 3587 OF OFFICIAL RECORDS, PAGE 569. AFFECTS: PARCELS 8 AND 9 AND OTHER PROPERTY. 22. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to : PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION For : SINGLE LINE OF POLES Recorded : January 19th, 1935 in Book 719 of Official Records, Page 158 Affects : PARCELS 2, 7 AND 10 23. Any facts, rights, interests or claims which a correct survey would show. NOTE: In connection therewith, AS FOLLOWS: . kXHi61T ' 'A Page 16 of 19 Pages P ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update A) POSSIBLE BOUNDARY DISCREPANCY (GAPS OR OVERLAPS) BETWEEN THE EASTERLY LINE OF PARCEL 9 AND CONTIGUOUS PROPERTY AS DISCLOSED BY RECORD OF SURVEY MAP RECORDED AUGUST 19, 1970 IN BOOK 271 OF MAPS, AT PAGE 52. B) POSSIBLE BOUNDARY DISCREPANCIES (GAPS OR OVERLAPS) BETWEEN THE NORTHERLY LINES OF PARCELS 7, 11, 13 AND CONTIGUOUS PROPERTIES DUE TO THE LACK OF A DEFINITE RECORD LOCATION OF CHASE ROAD. C) POSSIBLE BOUNDARY DISCREPANCY (GAPS OR OVERLAPS) BETWEEN THE SOUTHEASTERLY LINE OF PARCEL 7 AND CONTIGUOUS PROPERTY DUE TO THE LACK OF A DEFINITE RECORD LOCATION OF BEAR CREEK (AKA DOUGHERTY) ROAD. D) POSSIBLE INTERNAL BOUNDARY DISCREPANCIES (GAPS OR OVERLAPS) BETWEEN VARIOUS PARCELS DESCRIBED HEREIN DUE TO THE LACK OF DEFINITE RECORD LOCATIONS OF VARIOUS ROADS AND/OR OTHER LINES USED AS BOUNDARIES IN THE DESCRIPTIONS THEREOF. 24. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to PRESENTATION CENTER For UNDERGROUND WATER PIPELINES, PUMPING PLANTS, METERS, AND RELATED FACILITIES AND RIGHTS INCIDENTAL THERETO, INCLUDING BUT NOT LIMITED TO: GRADING, EXCAVATION, PAVING, MAINTENANCE, REPAIR, AND REPLACEMENT, INCLUDING RIGHTS OF INGRESS AND EGRESS Recorded August 27th, 1993 in Book M969 of Official Records, Page 0931 Affects : PARCEL 8, AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT Affects this and other property. 25. SUCH EASEMENTS OR OTHER RIGHTS FOR THE ACCESS, MAINTENANCE AND USE OF THE (TIMBER) (TIMBER RIGHTS) CONVEYED BY INSTRMENT RECORDED AUGUST 14, 1996, INSTRUMENT NO. 13408133, OFFICIAL RECORDS. r Page 17 of 19 Pages . 4,,»!,. ..of `7. ,. ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 26. Irrevocable Offer to Dedicate Title in Fee Dated February 15, 2000 By Peninsula Open Space Trust Recorded February 28, 2000, Series No. 15163908 27. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $3,000, 000.00 Trustor/Borrower PENINSULA OPEN SPACE TRUST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION Trustee Old Republic Title Company, a California Corporation Beneficiary/Lender : California State Coastal Conservancy Recorded February 28th, 2000 in Official Records under Recorder's Serial Number 15163909 28. Water rights, claims or title to water, whether or not shown by the public records. 29. Facts which would be disclosed by a comprehensive survey of the premises herein described. 30. Mechanics' , Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears on record. 31. Rights and claims of parties in possession. 32. Any facts, rights, interests or claims which are not shown by the public records, but which could be ascertained by making inquiry of the adjacent land owners and those in possession thereof, excepting therefrom Arlie Land and Cattle Company. -------------------- Informational Notes -------------------- 1. The last recorded instrument(s) conveying record title to the premises is/are: A deed executed by Hong Kong Metro Realty Company, Inc. , a California Corporation to Arlie Land and Cattle Company, an Oregon Corporation, recorded October 15th, 1997 in Official Records, under Recorder's Serial Number 13674047 A deed executed by Hong Kong Metro Realty Company, Inc., a California Corporation to Arlie Land and Cattle Company, an Oregon Corporation, recorded January 12th, 1998 in Official Records, under Recorder's Serial Number 14006511 Page 18 of 19 Pages �S ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update A deed executed by Hong Kong Metro Realty Company, Inc. to Arlie Land and Cattle Company, an Oregon Corporation, recorded January 12th, 1998 in Official Records, under Recorder's Serial Number 14006515 A deed executed by Arlie Land and Cattle Company to Midpeninsula Regional Open Space District, a public district, recorded July 15th, 1999 in Official Records, under Recorder's Serial Number 14895907 A deed executed by Midpeninsula Regional Open Space District to PENINSULA OPEN SPACE TRUST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, recorded July 15th, 1999 in Official Records, under Recorder's Serial Number 14895908 The last conveyance affecting said land recorded within the last two years, prior to the date of this Report are: SEE ABOVE 2. County recorder will charge an additional $ 10.00 "Monument User Fee" to record a Grant Deed using the legal description in this report. 3. The mailing address of the vestee as shown in the records is: 300 Sand Hill Road, Building 4, Suite 135, Menlo Park, Ca. 94025 Iq Page 19 of 19 Pages ORT 3157-E EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(1998) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental policy power,and the existence or violation of any law or government regulation. This includes ordinances,laws and regulations concerning: a. building b. zoning C. land use d. improvements on the land e. land division I. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on you if You bought the land without Knowing of the taking. 4. Risks: a* that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; C. that result in no loss to You;or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24,or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY(1990) EXCLUSIONS The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy, use, or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions of or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy. (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury i din law. or an consumer credit protection or truth n lending P rY Y P g 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. xmarr ORT 3157-J (Continued on next page) age A EXHIBIT A(Continued) 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(1992) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant;(d)attaching or creating subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(1987) EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. The right to take the land by condemning k unless: a notice of exercising the right appears in the public records on the Policy Date. the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: that are created,allowed,or agreed to by you that are known to you,but not to us,on the Polity Date-unless they appear in the Public Records. that result in no loss to you that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks. 4, Failure to pay value for your title. 5, lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. ORT 3157-K (Continued on next base) a1 of �... EXHIBIT A(Continued) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(1987)WITH REGIONAL EXCEPTIONS EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Govermental police ower, and the existence or violation of an law or governmental regulation. This includes building and zoning Y g g 8 g ordinances and alsolaws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not appply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit tF�e zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: a notice of exercising the right appears in the public records on the Policy Date. the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: that are created,allowed,or agreed to by you that are known to you,but not to us,on the Policy Date-unless they appear in the public records. that result in no loss to you that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks. 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. REGIONAL EXCEPTIONS In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry of parties in possession of the land. 2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of Covered Title Risks. 3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the affirmative coverage in Item 12 of Covered Title Risks. 4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions in patents or in acts authorizing the issuance thereof. ORT 3157-L ore cc atw,«n\Sscgfp11'9hMTA CIAAh CO1/MTYCA.IIp�Yr• - HOME:R+w:..Nyr a f1r1 ner • I.I..T.N r� a.`I Y 1•eei,i.ed hwell'\I a aw.eeiat.le id Tar U l� w.M,«.red iw:is.,.d►.�. .,...,a 544 26 b f k ad eMw 4\d.No►h►Airy f\\wood RENOWDEN TRACT- LO't N912 ti wr.t'"T"►'"`�mow. SD.AO AC: i 34 748 AC i i XC4Li %I 1� V 79 E S.SOS AC GR •Cfji Qr. i 5214E GC '. N O T A,TE Or LOS GAT OS r^� It _ (2 445AC n\t+; 1 4 rytA I xOS 1291)?!I F{ 127'► ��.__ _-__-_.. .. .. \_! _. . . 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Y I)aa0 KM [RFFt AO. t oa�w S a+ �1 �: r•+ DL pP ns 1 R.O.S. 411/l7 i r y y P OFFICE OF a)UNTY ►OSVMA- WOTA CUJIA COUNTY, CALIMQW%& NOTICE: lMe . ••r•.r• µr w. . .r..r. It PIGF IwniM•w.r•�y...ce•e••i..c.ro••d ror i � 5� i.ceeaq M•�.� ad�ur•e nerve^.rh rwl.w•u M Lre••h•n erMr lase Nc "bihh h•uwrf O17 ►1 a«wn Bice r •.•..•S•e•en. TW► 9 3 A 2 W TM T S-RI W •pMl41l I LL •'!f 701 7'r t17) ... lS LOOK i 06 � o f 0•o At 'FrF 3 O j 9 vt.!1 a-I Lr tU5 iG'O: SUMNrT � O O f R i � Z i O b 4 r 1 i ISHED BY t pep l ORD.NO.N.SE!1]L I IM t9-TI 35 I �b!a K CR YY//�N+++---E '�� /OE I •,r YeCK OFFICE OF COIM" ASSEWOR - SAP07A CLARA OOVIM CALIFORNIA 1 YOOM PA6E 544 56 PORTION SEC. 8 T.95. R.fW. Got 1 PCL.A ,L"Ep E. - 6.E3 AC- GA. 5.67 AC. NET o s - o I"�soo' P.M. 557 - M - 48 �•;4 f.n mAe R.OS 328-M-5 PCL. B b.•��a"�e'vl-r3 Eit-'. fo,. 21.079 ac.cR. 1.05 AC.OR. PPPPPP/ 2OL79 AC,NET f,ior y PCL.B'c.+ PO • u n I taJ. �.tc° ]fS�Ifs.01 NOVITIATE OF l05 6ATOS /8 I]•u�-� 9 r' , {' trrw `' R.O.S. I81-M-20 LOT 19 • �TiTy 'G 2.34 AC.MET I OI` I• - �� 1 �� PCL. A i•: � .". '� 1►� waf 4J 1 • I o Ecf FO / 'tool ••t�I J e� � tP tE P /13 \� 5" A11 \o• \ A, IA 1 = \ N , NOtICE. 1Y�. I ! ty Fe' 1 \ /� If1f 41 Y 1-.hd-,.q,.wY.r W=� 30 00 AC \\ ( Noce 6 I� +':,`\A� 'j 370 AC. NET 1 , N.-h b Y... tt 20 1 r n •c.Y...p. c° 2.32 AC. .f 2.32 AC. PCL C PCl D \t �`;, •�ouErr ns c" \ ` L 53 At NET �\ PM. 326-M-43 f Order No. : 493158-MM EXHIBIT "A" The land referred to is situated in the State of California, County of Santa Clara, in the unincorporated area, and is described as follows: PARCEL ONE: ALL OF LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT", WHICH MAP WAS FILED FOR RECORD ON JANUARY 20, 1888 IN BOOK C OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS. ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) AND 544-30-002 (PORTION) PARCEL TWO: BEING ALL OF THE PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MAY 7, 1985 IN BOOK J339 PAGE 607 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: ALL OF LOT 10 OF THE RENOWDEN TRACT, AS LAID DOWN AND DELINEATED UPON A MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JANUARY 20, 1888 AND RECORDED IN VOLUME "C" OF MAPS, AT PAGE 51. EXCEPTING THEREFROM THAT PARCEL OF LAND CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2325-24-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO. 8396378 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM SO MUCH OF SAID LOT NO. 10 THAT LIES WITHIN THE PARCEL OF LAND AS CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2324-25-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO 8373075 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM ALL OF LOT 10 THAT LIES WITHIN THE PARCEL OF LAND CONVEYED BY CHAS. MCKIERMAN, ET AL, TO HERMAN PETERSON, BY DEED RECORDED IN VOLUME 95 AT PAGE 236, SANTA CLARA COUNTY OFFICIAL RECORDS, ON AUGUST 27, 1887. ASSESSOR'S PARCEL NO. 544-30-002 (PORTION) PARCEL THREE: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302 PAGE 1164 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT A STAKE STANDING IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID STAKE BEING 200 FEET EAST FROM THE SOUTHWEST CORNER OF SAID QUARTER SECTION; AND RUNNING THENCE WEST ALONG SAID SOUTH LINE OF SAID QUARTER SECTION 200 FEET TO THE SAID SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH AND ALONG THE WEST LINE OF SAID NORTHEAST 1/4 SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, 210 FEET TO A STAKE; THENCE IN A STRAIGHT LINE SOUTHEAST TO THE PLACE OF BEGINNING. kAw 4 ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) PARCEL FOUR: D IN CERTIFICATE OF OMPLIANCE RECORDED MARCH 26, 1985 IN BEING THAT PARCEL DESCRIBE C BOOK J302 PAGE 1160 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE NORTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-50-001 PARCEL FOUR A: A RIGHT OF WAY APPURTENANT TO PARCEL NO. FOUR ABOVE DESCRIBED, FOR THE PURPOSES OF ORDINARY TRAVEL, AS GRANTED BY STANDARD OIL COMPANY, A CORPORATION TO EDWARD W. GORDON, BY INSTRUMENT DATED JUNE 9, 1909 AND RECORDED JUNE 16, 1909 IN BOOK 345 OF DEEDS, AT PAGE 205, WHICH RIGHT OF WAY IS 15 FEET WIDE, THE CENTERLINE OF WHEREOF IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS EIGHT AND SIXTY-TWO HUNDREDTHS (8.62) CHAINS NORTH OF THE CENTER OF SAID SOUTHEAST QUARTER (S.E. 1/4) ; RUNNING THENCE SOUTH 66' WEST ONE AND FORTY-FIVE HUNDREDTHS (1.45) CHAINS; THENCE SOUTH 74 WEST ONE AND EIGHTY-FIVE HUNDREDTHS (1.85) CHAINS; THENCE SOUTH 68* 15' WEST TWO AND FIVE HUNDREDTHS (2.05) CHAINS; THENCE SOUTH 86' 15' WEST ONE AND SIXTY HUNDREDTHS (1. 60) CHAINS SOUTH 68' 30' WEST TWO AND EIGHT HUNDREDTHS (2.08) CHAINS; THENCE TWO AND SEVENTY-FOUR HUNDREDTHS (2.74) CHAINS; THENCE NORTH 59" WEST ONE AND SIXTY HUNDREDTHS (1. 60) CHAINS; THENCE NORTH 31" 50' WEST FOUR AND THIRTY-SEVEN HUNDREDTHS (4.37) CHAINS; THENCE NORTH 5" WEST ONE AND FIFTEEN HUNDREDTHS (1. 15) CHAINS. PARCEL FIVE: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302, PAGE 1166 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A 3" X 4" POST AND IRON PIPE STANDING AT THE COMMON CORNER OF SECTIONS j 5, 6, 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, AT THE NORTHWESTERLY CORNER OF THAT CERTAIN 80 ACRE TRACT IN SAID SECTION 8 CONVEYED BY D.E. WISEMAN, ET UX, TO JESSIE ROBERTSON BY DEED DATED SEPTEMBER 13, 1913 AND RECORDED IN VOLUME 408 OF DEEDS, AT PAGE 104, ET SEQ. IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA AND RUNNING THENCE SOUTHERLY AND ALONG THE LINE BETWEEN SECTIONS 7 AND 8 WHICH HERE FORMS THE WESTERLY LINE OF SAID 80 ACRE TRACT, SOUTH 0" 11 ' EAST 18.90 CHAINS, TO A 6" X 6" POST AND IRON PIPE STANDING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE TRACT, AND FORM WHICH A REDWOOD 20" IN DIAMETER BEARS SOUTH 38-3/4* WEST 0.55 CHAINS, AND A REDWOOD 12" IN DIAMETER BEARS NORTH 57-3/4- WEST, 0.55 CHAINS, BOTH TREES MARKED "B.T. .1/8S"; THENCE EASTERLY AND ALONG THE SOUTHERLY LINE OF SAID 80 ACRE TRACT, SOUTH 89' 56' EAST 15.18 CHAINS TO A 2" X 3" STAKE MARKED "T.R.2" FROM WHICH A FORKED MADRONE 14" IN DIAMETER BEARS SOUTH 82-1/2' EAST, 0.027 CHAINS AND A REDWOOD 22" IN DIAMETER BEARS NORTH 44' WEST 1.273 CHAINS, BOTH TREES MARKED "B.T.T.R.2"; THENCE NORTHERLY AND ALONG THE LINE PARALLEL TO SAID LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0' 11' WEST 19.15 CHAINS TO A 2" X 3" STAKE MARKED T.R. 1 STANDING IN THE LINE BETWEEN SAID SECTIONS 5 AND 8, AND FROM WHICH A MADRONE 10" IN " DIAMETER 7 A FORKED TAN OAK 1 IN DIAM DIAMETER BEAR NORTH 56 3 4" WEST 0.08 CHAINS AND 6 S / BEARS NORTH 64-3/4" EAST 0.39 CHAINS, BOTH TREES BEING MARKED "B.T.T.R.1"; AND THENCE WESTERLY AND ALONG N SAID LINE BETWEEN SAID SECTIONS 5 AND 8, WHICH HERE FORMS THE Page �� NORTHERLY BOUNDARY OF SAID 80 ACRE TRACT, SOUTH 89" 08' WEST 15.18 CHAINS TO THE POINT OF BEGINNING; BEING A PART OF THE ABOVE MENTIONED 80 ACRE TRACT IN SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-33-014 PARCEL SIX: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK J303 PAGE 921 OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT THE OFFICIAL QUARTER SECTION CORNER IN THE LINE DIVIDING SECTIONS 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN; AND RUNNING THENCE ALONG THE SECTION LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0- 11' WEST 18.90 CHAINS TO A 6" X 6" POST MARKED 1/8 S. AND 2" PIPE STANDING AT THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED BY JESSIE ROBERTSON AND W.J. ROBERTSON TO HARRY L. TEVIS, BY DEED DATED JANUARY 15, 1916 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY IN VOLUME 438 OF DEEDS, AT PAGE 332; RUNNING THENCE ALONG THE SOUTH LINE OF SAID 28.88 ACRE TRACT AND THE PROLONGATION THEREOF, EASTERLY SOUTH 89` 56' EAST, 15.765 CHAINS TO A POINT FROM WHICH THE SOUTHEAST CORNER OF THE ABOVE MENTIONED 28.88 ACRE TRACT BEARS NORTH 89* 56' WEST 0.585 CHAINS; RUNNING THENCE PARALLEL TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID 28.88 ACRE TRACT, SOUTH 0 11' EAST 19.15 CHAINS TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF THE LAND OF E.W. BIDDLE AND IN THE QUARTER SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 8; RUNNING THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LAND OF BIDDLE AND ALONG SAID QUARTER SECTION LINE NORTH 89' 5' WEST, 15.765 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO. 544-56-004 PARCEL SEVEN: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 6, 1985 IN BOOK J420 PAGE 731 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MTD.B. & M.; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50 CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2" EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/2" WEST 5. 92 CHAINS, SOUTH 8- 30' EAST 0. 61 CHAINS, SOUTH 1' WEST 0.83 CHAINS, SOUTH 18* 40' WEST 1.08 CHAINS, SOUTH 4- 45' WEST 1.06 CHAINS, SOUTH 35` 30' WEST 1. 65 CHAINS, SOUTH 72' 30' WEST 1.55 CHAINS, SOUTH 89' 30' WEST 1.15 CHAINS, SOUTH 70' 15' WEST 1.48 CHAINS, SOUTH 81' 20' WEST 1.03 CHAINS, NORTH 89` 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE SOUTH 0* 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0- 12' WEST 3.18 CHAINS; THENCE SOUTH 43' 40' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER : �� 2C4 OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE IN A GENERALLY NORTHERLY DIRECTION ALONG THE CENTER OF DOUGHERTY ROAD TO THE THIRD POINT OF INTERSECTION OF THE SECTION LINE BETWEEN SECTIONS 5 AND 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID POINT BEING APPROXIMATELY 220 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 6; THENCE NORTH ALONG SAID SECTION LINE TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. 544-31-003 PARCEL EIGHT: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 3, 1985 IN BOOK J310, PAGE 662 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THAT PORTION OF THE TRACT OF LAND FORMERLY BELONGING TO GEO. H. BASSETT AND WIFE, LOCATED IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. , ACQUIRED BY DEED DATED JUNE 18, 1902, MADE BY WM. B. RANKIN, ET AL TO GEO H. BASSETT, ET AL, WHICH DEED IS RECORDED IN VOL. 252 OF DEEDS, PAGE 490, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA WHICH PORTION OF SAID LANDS WHEREIN CONVEYED IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO WIT: BEGINNING AT A POINT IN THE CENTER LINE OF DOUGHERTY ROAD WHERE THE SAME IS INTERSECTED BY THE PROLONGATION EASTERLY OF THE SOUTHERLY LINE OF LOT 6, AS THE SAME IS DESIGNATED AND DELINEATED ON THE MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT, WHICH MAP IS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK "C" OF MAPS, PAGE 51, SAID PORTION OF COMMENCEMENT BEING DESIGNATED AS ENGINEER'S STATION K.R.3 AS SET BY A.T. HERRMANN OF HERRMANN BROS., SURVEYORS AND C.E. 'S, SAN JOSE, CALIFORNIA AND SHOWN ON A MAP OF SURVEY OF THE PROPERTY OF SAID DR. GEO H. BASSETT AND WIFE, IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. , SURVEYED BY SAID A.T. HERRMANN ON AUGUST 4, 5 AND 6, 1903, FROM WHICH STATION K.R.3. A MADRONE TREE 10" IN DIAMETER BEARS S. 87' 30' W. 47 LINKS AND A TAN OAK TREE 8" IN DIAMETER BEARS N. 53* 35' W. 0.667 CHAINS; THENCE ALONG THE SAID DOUGHERTY ROAD FROM STATION K.R.3. THE FOLLOWING COURSES AND DISTANCES, AS SO SURVEYED BY SAID A.T. HERRMANN AND DESCRIBED ON SAID MAP OF SUCH SURVEY, NAMELY: DOUGHERTY ROAD, FROM K.R.3 NORTHWARD. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 30-1/2' W. 1.00 1 N. 9" W. 1.50 2 N. 16-1/2' E. 1.00 3 N. 44-1/2* E. 0.75 4 N. 86' 45' E. 1.30 5 N. 39' E. 2.36 6 N. 40' W. 2.50 7 N. 0' 45' W. 1.50 8 N. 14' 15' E. 3.25 9 N. 66' 15' E. 1.50 10 N. 88` 45' E. 2.22 11 N. 79' 45' E. 2.17 12 S. 61' 0' E. 2.45 13 S. 75-1/4' E. 0. 62 14 Page 4 t ,. rx 2 2G N. 42' 15' E. 5.90 15 N. 58` 45' E. 1.30 16 S. 89' 16' E. 1.70 17 N. 37' 30' E. 2.40 18 N. 56* E. 2. 68 19 N. 76" 30' E. 1.75 20 S. 72' 15' E. 1.25 21 S. 45' 45' E. 2.20 22 S. 32` 30' E. 2.80 23 S. 41' 45' E. 1.45 24 S. 63' 15' E. 1.65 25 N. 65' 45' E. 0.355 26 WHERE A 1-1/4" IRON PIPE IS SET, FROM WHICH PIPE A VAL. OAK TREE 25" IN DIAMETER MARKED B, BEARS S. 70-3/4' E. 1.12 CHS. AND A LIVE OAK TREE 6" IN DIAMETER BEARS N. 83--1/4* W. 0.45 CHS; THENCE SOUTH 0' 23' E. 14.13 CHS. TO A STATION NUMBER 1/4S WHERE A 4" X 4" STAKE AND IRON PIPE IS SET, AND FORM WHICH A BLACK OAK 24 INCHES IN DIAMETER BEARS S. 12' E. 0.54 CHS. AND A MADRONE TREE 10" IN DIAMETER BEARS S. 67-1/2" E. 0.29 CHS. ; THENCE SOUTH 0* 06' E. 14. 64 CHS. TO A POINT IN THE CENTER LINE OF COLLINS CREEK DESIGNATED ENGINEER'S STATION F.R. ; FROM WHICH POINT A REDWOOD TREE 5" IN DIAMETER BEARS S. 13' 40' E. 0.25 CHS. AND A MAPLE TREE 9" IN DIAMETER IN A BUNCH OF 6 LARGE AND 12 SMALL MAPLE TREES BEARS N. 15` 05' E. 0.79 CHS. AND A FALLS IN THE CREEK ON A LEDGE RUNNING NORTH AND SOUTH AND TWO TO THREE FEET HIGH, 10 LINKS N.E. OF SAID POINT; RUNNING THENCE ALONG SAID CENTER LINE OF COLLINS CREEK, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: COLLINS CREEK FROM F.R. TO M.B. : COURSE DISTANCE IN CHAINS TO STATION NUMBERED S. 50-1/2' W. 1.20 1 S. 37-1/2- W. 1.04 2 S. 45' w. 0.90 3 S. 29-3/4' E. 0.66 4 S. 68-3/4' W. 1.10 5 S. 70-1/4" W. 1.42 6 S. 51-1/2' W. 0.78 7 S. 61' W. 0.90 8 & MB WHICH ENGINEER'S STATION M.B. BEARS N. 74' W. 0.20 CHS. FROM A REDWOOD TREE 10" IN DIAMETER MARKED B.T.M.B.; THENCE LEAVING SAID COLLINS CREEK AND RUNNING ALONG A BOUNDARY CANYON FROM SAID STATION M.B. TO STATION BB, WITH THE FOLLOWING COURSES AND DISTANCES NAMELY: BOUNDARY CANYON FROM M.B. TO B.B. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 28-1/2' W. 1.33 A N. 40-1/2` W. 2.40 B N. 54' W. 2.00 C N. 58-3/4' W. 1.46 D N. 49' W. 1.67 E N. 66-1/4` W. 1.25 F N. 56-3/4' W. 1.66 G N. 50-1/4* W. 1.55 H N. 70' W. 1.81 BB Page . :, 2q #` �1 WHICH SAID STATION BB IS MARKED BY A 3" X 3" PICKET IN THE CENTER OF A GULCH AND MAPLE TREE 10 INCHES IN DIAMETER IN A BUNCH OF 3 MAPLE TREES BEARS S. 4-1/2` W. 0.36 CHS. AND A BUCKEYE TREE 8 INCHES IN DIAMETER IN A BUNCH OF 6 BUCKEYE TREES BEARS S. 82-1/2* W. 0.25 CHS. BOTH OF WHICH TREES ARE MARKED B.T.B.B. ; THENCE S. 54' W. 9 CHS. TO A POINT IN BISSELL LANE AND A PIPE MARKED B.B. FROM WHICH A 4" X 4" WITNESS POST MARKED B.T.B.B. BEARS N. 54' 50' E. 0.27 CHS. AND A MADRONE TREE SIMILARLY MARKED 45 INCHES IN DIAMETER BEARS S. 8' W. 2.015 CHS. AND A POPLAR TREE 16 INCHES IN DIAMETER SIMILARLY MARKED BEARS N. 25-1/2' W. 0.623 CHS. ; THENCE ALONG THE CENTER LINE OF SAID BISSELL LANE, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: BISSELL LANE, CENTER LINE FROM B.B. TO L.D. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 9-1/2" W. 0. 61 I N. 23-3/4' W. 0.62 K N. 38-1/2' W. 1.00 L N. 42-1/2' W. 2.90 M N. 54-1/2` W. 0.72 N N. 67-1/2" W. 0. 65 0 N. 84-3/4' W. 1.34 PIPE LD WHICH PIPE MARKED L.D. BEARS S. 67-1/4' E. 0.63 CHS. FROM A POPLAR TREE 11" IN DIAMETER AND A REDWOOD TREE 6" IN DIAMETER OUT OF A STUMP 6 FEET IN DIAMETER AND 10 FEET HIGH, BEARS S. 85' 5' W. 0.77 CHS.; THENCE LEAVING SAID BISSELL LANE AND RUNNING ALONG THE ROAD, THE FOLLOWING COURSES AND DISTANCES, NAMELY: FROM "LD". COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 5' W. 1.75 1 N. 24' E. 1.60 2 N. 5' E. 1.95 3 N. 38" 30' E. 3.50 4 N. 10' W. 2.80 5 N. 37' 30' W. 0.75 6 & KR3 TO THE PLACE OF BEGINNING. ASSESSOR'S PARCEL NO. 544-31-002 PARCEL NINE: BEING PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 31, 1985 IN BOOK J415 PAGE 576 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M.; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50 CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2` EAST 7.39 CHAINS TO A STAKE MARKED M.C.K., SOUTH 58-12' WEST 5.92 CHAINS, SOUTH 8` 30' EAST 0. 61 CHAINS, SOUTH 1- WEST 0.83 CHAINS, SOUTH 18` 40' WEST Page 1.08 CHAINS, SOUTH 4` 45' WEST 1.06 CHAINS, SOUTH 35" 30' WEST 1.65 CHAINS, SOUTH 72- 30' WEST 1.55 CHAINS, SOUTH 89' 30' WEST 1.15 CHAINS, SOUTH 70" 15' WEST 1.48 CHAINS, SOUTH 81' 20' WEST 1.03 CHAINS, NORTH 89" 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE SOUTH 0* 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0* 12' WEST 3.18 CHAINS; THENCE SOUTH 43" 40' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE NORTHEASTERLY ALONG THE CENTER OF SAID DOUGHERTY ROAD TO A STAKE OPPOSITE THE GATE IN LANE LEADING TO THE RESIDENCE FORMERLY OWNED BY G.R. BISSELL; THENCE SOUTHERLY AND ALONG THE CENTER OF SAID LANE TO A STAKE STANDING OPPOSITE THE CENTER OF VINEYARD GATEWAY; RUNNING THENCE EASTERLY IN A STRAIGHT LINE THROUGH THE CENTER OF SAID GATEWAY AND ALONG THE CENTER LINE OF A ROAD BETWEEN CHARBONO AND MALVOISE GRAPES, BEING THE LINE DIVIDING LANDS FORMERLY OF RANKIN AND BISSELL, TO A STAKE IN FENCE; THENCE PROLONGING SAID CENTER LINE OF SAID ROAD TO THE CENTER OF A GULCH; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID GULCH TO THE CENTER OF COLLINS CREEK AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE UP THE CENTER OF COLLINS CREEK TO THE LINE DIVIDING SECTIONS 6 AND 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE EAST ALONG SAID LINE BETWEEN SAID SECTIONS 6 AND 7 AND 5 AND 8 TO THE CENTER OF RAVINE; THENCE DOWN THE CENTER OF SAID RAVINE TO THE CENTER OF COLLINS CREEK; THENCE UP THE CENTER OF COLLINS CREEK SOUTHWESTERLY, FOLLOWING THE MEANDERS OF COLLINS CREEK TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THE PETROLEUM, NAPTHA, ASPHALTUM AND OTHER SUBSTANCES CONTAINING OR PRODUCING OIL, AND ALL COAL, MINERAL AND MINERAL SUBSTANCES, AND THE RIGHT, PRIVILEGE AND EASEMENT TO HAVE, TAKE AWAY AND REMOVE TO THE USE AND BENEFIT OF T.G. MCLERAN, ET AL, AND THEIR HEIRS AND ASSIGNS ALL THE SUBSTANCES AFORESAID, AND FOR THAT PURPOSE, FROM TIME TO TIME AND AT ALL TIMES HEREAFTER TO ENTER UPON THE ABOVE DESCRIBED PREMISES WITH THEIR SERVANTS, AGENTS, ASSOCIATES AND ASSISTANTS TO PROSPECT, SEARCH, DIG AND BORE FOR SAID SUBSTANCES AND TO EXTRACT AND WORK THE SAME, AS CONVEYED TO T.G. MCLERAN, ET AL BY INDENTURE RECORDED OCTOBER 19, 1865 IN BOOK U OF DEEDS, PAGE 220 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NO. 544-31-002 (PORTION) 544-33-003 PARCEL TEN: BEGINNING AT A REDWOOD TREE 2 FEET IN DIAMETER MARKED "1/4 SEC." AND BEING THE 1/4 SECTION CORNER BETWEEN SECTIONS 31, T8S., R1W AND SECTION 6, T9S, R1W; AND RUNNING THENCE ALONG THE LINE BETWEEN SAID SECTIONS 31 AND 6, NORTH 89-1/4' E. 15 CHAINS TO A MADRONE TREE 4 FEET IN DIAMETER MARKED WITH 3 NOTCHES FORE AND AFT (EAST AND WEST) FOR A STATION TREE ON SAID SECTION LINE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE 21.14 ACRE TRACT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2` WEST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/2* WEST 5. 92 CHAINS, SOUTH 8' 30' EAST 0. 61 CHAINS, SOUTH 12- WEST 0. 83 CHAINS, SOUTH 18` 40' WEST 1.08 CHAINS, SOUTH 4" 45' WEST 1.06 CHAINS, SOUTH 35- 30' WEST 1.65 CHAINS, SOUTH 72` 30' WEST 1.55 CHAINS, SOUTH 89' 30' WEST 1.15 CHAINS, SOUTH 70' 15' WEST 1.48 CHAINS, SOUTH 81* 20' WEST 1.03 CHAINS, NORTH 89" 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH Page 7 Ito 3r1 AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE ALONG SAID 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6, NORTH 15.63 CHAINS TO THE POINT OF BEGINNING, AND BEING A PORTION OF SECTION 6 IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. AND M. ASSESSOR'S PARCEL NO. 544-31-004 PARCEL ELEVEN: BEING A PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 5, 1985 IN BOOK J312 PAGE 2167 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE, 24 INCHES IN DIAMETER, BEING THE OFFICIAL QUARTER SECTION CORNER IN THE MIDDLE OF THE NORTH LINE OF SECTION SIX (6) IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN, BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON MAY 26, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG SAID LINE (BEING THE TOWNSHIP LINE) EAST, ONE QUARTER OF A MILE, TO THE MIDDLE OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE AT RIGHT ANGLES NORTH, TO THE ROAD KNOWN AS THE CHASE ROAD, THENCE RUNNING ALONG SAID CHASE ROAD IN A GENERAL WESTERLY DIRECTION TO THE NORTHEAST CORNER OF THE LAND OF H. PETERSON (AS EXISTING ON MAY 26, 1892) ; THENCE SOUTH ALONG THE EAST LINE OF SAID PETERSON'S LAND (AS EXISTING ON MAY 26, 1892) ALONG FENCE A DISTANCE OF FIFTY FEET, MORE OR LESS, TO THE ROAD LEADING FROM SAID CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) ; THENCE ALONG SAID ROAD IN A GENERAL SOUTHERLY DIRECTION TO A POINT FROM WHICH A STRAIGHT LINE DRAWN TO THE REDWOOD TREE, THE PLACE OF BEGINNING, WILL PASS SOUTH OF AND DISTANT SEVENTY-FIVE (75) FEET FROM THAT CERTAIN SPRING WHICH IS SITUATED ABOUT HALF WAY BETWEEN SAID CHASE ROAD AND SAID ROAD LEADING FROM THE CHASE ROAD TO SAID PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) AND NEAR THE WESTERN BOUNDARY OF THE LAND HEREBY CONVEYED, WHICH SPRING ISSUES AT A LARGE REDWOOD STUMP, IN A CLUMP OF REDWOOD TREES, AND NEAR THREE LARGE CALIFORNIA LAURELS; THENCE FROM SAID POINT NORTHEASTERLY ABOUT ONE-EIGHTH OF A MILE TO THE PLACE OF BEGINNING; AND BEING A PART OF LOTS 10 AND 12 OF THE SUBDIVISION OF THE RENOWDEN TRACT AS SHOWN UPON THE MAP THEREOF OF RECORD IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, IN BOOK "C" OF MAPS, PAGE 51. BEING THE SAME PREMISES GRANTED TO SAID PARTY OF THE FIRST PART BY J.B. RENOWDEN, ET AL, BY DEED DATED MAY 26, 1892, OF RECORD IN LIBER 146 OF DEEDS, PAGE 529, ET SEQ., IN THE COUNTY RECORDER'S OFFICE OF THE COUNTY OF SANTA CLARA, TQ WHICH DEED AS THERE RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) AND 544-30-002 (PORTION) PARCEL TWELVE: BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN BOOK J334, PAGE 1832 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL ONE QUARTER (1/4) SECTION CORNER IN THE NORTH LINE OF SECTION 6, T.9.S.R.1.W. , M.D.M. , SAID POINT OF BEGINNING BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON JULY 6TH, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG THE 1/4 SECTION LINE SOUTH 5.16 CHAINS TO A STAKE MARKED "54", FROM WHICH A BLACK OAK MARKED "B.T.R.55" BEARS S. 3' 30" W. 54 LINKS DISTANT; THENCE RUNNING ALONG THE CENTER LINE OF THE ROAD LEADING FROM THE CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON JULY 6TH, 1892) WITH THE FOLLOWING COURSES AND DISTANCES: S. 56` 37' W. 1.50 CHAINS; S. 73' 15' W. 0.61 CHAINS; N. 60` 45' W. 1.94 CHAINS; N. 74' 30' W. 1.03 CHAINS; S. 70` 52' W. 0.59 Page d,7 H' SA ,,t _;"7 CHAINS; S. 54' 30' W. 1.77 CHAINS; S. 47' W. 0.26 CHAINS; S. 88' W. 0.45 CHAINS; N. 54' 15' W. 0.53 CHAINS, AND N. 36' 46' W. 1.55 CHAINS; THENCE LEAVING SAID ROAD AND RUNNING ALONG THE SOUTHEASTERLY LINE OF LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE (AS EXISTING ON JULY 6TH, 1892) N. 60' 45' E. 9.95 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 10 OF THE RENOWDEN SUBDIVISION, AS RECORDED IN BOOK "C", PAGE 51 OF MAPS, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 16' 30' E. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY J.B. RENOWDEN, BY DEED DATED JULY 6TH, 1892, OF RECORD IN LIBER 150 OF DEEDS, PAGE 94 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-30-002 (PORTION) PARCEL THIRTEEN: BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN BOOK J334, PAGE 1828 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE STANDING IN THE NORTH LINE OF SECTION SIX (6) , TOWNSHIP NINE (9) SOUTH, RANGE ONE (1) WEST, MT. DIABLO BASE AND MERIDIAN, SAID STAKE BEING DISTANT TWENTY (20) CHAINS EAST FROM A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL 1/4 SECTION CORNER IN THE SAID NORTH LINE OF SECTION 6, T. 9.S.R.1W. ; THENCE ALONG SAID LAST DESCRIBED SECTION LINE N. 89' 45' E. 9.00 CHAINS TO A 2" X 3" STAKE; THENCE NORTH 0.455 CHAINS TO THE CENTER LINE OF THE CHASE ROAD; THENCE RUNNING ALONG THE CENTER LINE OF SAID ROAD, WITH THE FOLLOWING COURSES AND DISTANCES; N. 82' 35' W. 0.68 CHAINS; N. 71' 15' W. 1.51 CHAINS; N. 67' 40' W. 3.33 CHAINS; N. 75' W. 1.06 CHAINS; N. 78' 30' W. 1.12 CHAINS; AND N. 74' 54' W. 1.745 CHAINS TO A POINT FROM WHICH A 2 X 3 INCH WITNESS STAKE BEARS SOUTH 8 1/2 LINKS DISTANT: THENCE 3.28 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 12 OF THE RENOWDEN SUBDIVISION, RECORDED IN MAP BOOK C, PAGE 51, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 16' 30' EAST. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY JOSEPH RENOWDEN, ET AL, BY DEED DATED AUGUST 17, 1892, OF RECORD IN LIBER I50 OF DEEDS, PAGE 496 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) PARCEL FOURTEEN: BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK J303 PAGE 919 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE 2-1/2 INCHES IN DIAMETER AND FOUR FEET LONG, SAID POINT OF BEGINNING BEING N. 64' 44' E. 1.17-1/2 CHAINS FROM THE SOUTHWEST CORNER OF LOT NO. 11 OF THE RENOWDEN TRACT, AS RECORDED IN MAP BOOK C, PAGE 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; THENCE N. 6 5' E. 1.71-1/2 CHAINS; S. 58' E. 1. 95 CHAINS TO A STAKE, FROM WHICH BEARS A MADRONE TWO FEET IN DIAMETER S. 58' E. 3 LINKS MARKED B.T.L.G.N.3; THENCE S. 70' W. 1. 94 CHAINS TO THE PLACE OF BEGINNING, BEING PART OF LOT 11 OF THE RENOWDEN TRACT AS RECORDED IN MAP BOOK C, PAGE 51 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND BEING SITUATED IN SECTION 31, T.8 S.R. 1 W. M.D.M. Assessor's Parcel No. 544-29-006 Page R1 .. .... ?/J —a 12ri ^ - EXCEPTING FROM PARCELS ONE THROUGH FOURTEEN: Any and all timber growing, standing, lying, or down, together with all rights to harvest same, with free and unrestricted access to the zeal property for the purppoaes of severing and removing the timber conveyed therein, including, but not limited to, the free and unrestricted use of any and all roads and roadways located � upon the zeal property, togetbze with the right to construct such roadway(s) as may be required in order to harvest the timber conveyed therein, as conveyed by Hong � Kong Matzo Realty Company, Inc. , a California Corporation to Arlie Laud and Cattle � Company, an Oregon Corporation, by deed recorded august 14, 1996. aa instrument number 13408132 and as concurrently conveyed by Arlie Land and Cattle Company, an Oregon Corporation to Big Creek Lumber Company, Inc. , a California Corporation by deed � recorded August 14, 1996 as instrument number 13408133' A544-28-4' 544-29-6; 544-30-2 and 3, 544-31-2,3 and 4 � � 544-33-3, 14, 544-50-1/ 544-35-0 � � cr/oi/bf 2_ _28 OO � � � � � � � � � � � � � � � � � � � � � � � � � � � � � Page l &�� EX ISM,. Pace bj�ud _age _ .j DOCUMENT: 15163908 Titles: ] / Pages: 18 OLD REPUBLIC TITLE { No Fees Taxes. . � Recording Requested By and •eaisi�aea. f Copies. . When Recorded Return to: AMT PA 1 D State'Coastal Conservancy BRENDA DAVIS RDE # 001 1330 Broadway, Suite 1100 SANTA CLARA COUNTY RECORDER 2/28/2000 Oakland, CA 94612 Recorded at the request of 10 06 AM Old Republic Title Company Attn: Legal Counsel Project: Bear Creek Redwoods EXEMPT FROM RECORDING FEES—GOVERNMENT CODE SECTION 6103 IRREVOCABLE OFFER TO DEDICATE TITLE IN FEE A Portion of Bear Creek Redwood Open Space Preserve. County of Santa Clara This IRREVOCABLE OFFER TO DEDICATE TITLE IN FEE("the offer") is made this day of February, 2000,by the Peninsula Open Space Trust("the offeror"). Pertinent Facts A. The offeror is a private nonprofit organization, existing under section 501(c)(3) of the United States Internal Revenue Code, and having among its principal charitable purposes the preservation of land for scenic, historic, agricultural, and open space purposes. B. The offeree, the California State Coastal Conservancy("the Conservancy"), is an agency of the State of California charged under Division 21 of the Public Resources Code with preserving, protecting,-and enhancing the coast-of-California and the San —- Francisco Bay region_ The Conservancy is authorized to award and condition grants to qualified nonprofit organizations to help achieve these purposes. C. The offeror is the legal owner of the fee interest in real property("the real property") in the County of Santa Clara, State of California, known as the"upper portion of the Bear Creek Redwood Regional Open Space Preserve," and described in Exhibit A, which is incorporated by reference and attached. D. At its December 1, 1999 public meeting,the Conservancy authorized disbursement of funds to the offeror to assist in financing the offeror's acquisition of fee title. 3 :r Offer to Dedicate Title In Fee Bear Creek Redwood Preserve,Santa Clara County E. The Conservancy's December 1999 action is subject to conditions,including a requirement that that the offeror dedicate the property for public access and open space preservation,and resource enhancement and restoration;and that the offeror agree to convey the real property to the Midpeninsula Regional Open Space District("the District"),a public agency organized under Article 3 of Chapter 3 of Division 5 of the California Public Resources Code,upon the fulfillment of specified contingencies. F. In February,2000,the offeror and the Conservancy entered into unrecorded Grant Agreement No.99-090 to achieve the purposes of the Conservancy's December 1999 action. G. The offeror is executing this offer to comply with requirements of Grant Agreement No.99-M and to protect the public's interest in the real property,whose acquisition was facilitated through the use of state funds. H. The offeror intends.through this offer to bind itself and its assigns and successors in interest. In light of the pertinent facts,above,and in consideration of the Conservancy's grant to the offeror and other valuable consideration,the offeror hereby irrevocably offers to dedicate fee title to the real property to the State of California,acting by and through the Conservancy or its successor agency,as follows. l. ACCEPTANCE OF OFFER. This offer maybe accepted only if the Conservancy finds that the legal existence of the offeror has terminated;or that the offeror or its successor in interest in the real property has violated one or more of the following terms: a. The offeror has acquired the real property for the purposes of providing public __. ... _ access,protecting the,natural-resources of the real property and preserving open - space; and no use of the real property that is inconsistent with these purposes shall be permitted. The offeror shall not use or allow the use of any portion of the real property for mitigation(in other words,to compensate for adverse changes to the environment elsewhere)without the written permission of the Executive Officer of the Conservancy.All funds generated in connection with any authorized or allowable mitigation on the real property shall be remitted promptly to the Conservancy until 2 t b Yage 3 -� Offer to Dedicate Title In Fee Bear Creek Redwood Preserve,Santa Clara County the Conservancy has been fully paid for all of its past,present,and such future costs as are actually incurred with respect to the real property,including,without limitation,staff,planning,development, restoration,operation and maintenance, and monitoring costs,and acquisition costs at fair market value as of the time mitigation is to begin. b. The real property(including any portion of it or any interest in it)may not be used as security for any debt without the written approval of the State of California, acting through the Executive Officer of the Conservancy or its successor. c. The real property(including any portion of it or any interest in it)may not be transferred,except to the District,without the written approval of the State of California,acting through the Executive Officer of the Conservancy or its d. The offeror shall use, manage,operate and maintain the real property in a manner consistent with the purpose of the acquisition. The offeror assumes all management,operation and maintenance costs associated with the real property, including the costs of ordinary repairs and replacements of a recurring nature,and costs of enforcement of regulations. The offeror shall refrain from developing or otherwise using any other property it owns or controls in the vicinity of the real property in such a way as to interfere with or inconvenience the use, management, operation or maintenance of the real property or to detract from the purpose of the acquisition. The offeror may be excused from its obligations for management, operation and maintenance only upon the written approval of the Executive Officer of the Conservancy or his or her successor. The offeror may,without any further approval by the offeree,use,manage,operate,and maintain'the real property through agreement with the District,in a manner,and for the purposes consistent with this offer. e. If the existence of the offeror ceases for any reason or if any of the essential provisions stated above are violated,all of the offeror's right,title and interest in _ the_rtal property shall automatically vest in-the State of Californiafor"xhe-benefit of the Conservancy or its successor,upon acceptance of the real property and approval by the State Public Works Board; provided,however,that the State, through the Executive Officer of the Conservancy or its successor,may designate the District,and if the District does not accept,then another public agency or a nonprofit organization,to accept,the right,title and interest, in which case vesting shall be in that agency or organization rather than in the State. f. The offer is irrevocable. 3 y k b.3. u aged" Oiler to Dedicate Title In Fee e Redwood Preserve Santa Clara County Bear Creek Upon a finding by the Conservancy that any of the essential terms has been existence of the offeror has been terminated for an violated,or that the exts Y reason, this offer may be accepted by the Conservancy,or by another public agency or nonprofit organization designated by the Conservancy and which has agreed to accept the obligations of the offeror under this offer,by recording in the Official Records of Santa Clara County,a Certificate of Acceptance in substantially the form of the attached Exhibit B. 2. BENEFIT AND BURDEN. This offer shall run with and burden the real property. All obligations,terms,conditions,and restrictions imposed by this offer shall be deemed covenants and restrictions running with the land and shall be effective limitations on the use of the real property from the date of recordation of this document, and shall bind the offeror and all its successors and assigns. This offer shall benefit the State of California. 3. TRANSFER OF REAL PROPERTY. Transfer of the real property:shall be subject to the approval of the State of California,acting through the Executive Officer of the Conservancy or its successor,and the transferee shall be subject to all terms, conditions and restrictions contained in this offer. In particular,but without limiting the restrictions provided above,the transferee shall use the real property only for the purposes of the providing public access.protecting the natural resources of the real property,and preserving open space. If the Conservancy deems necessary,prior to the Conservancy's approval of any transfer of the real properly, the transferee and the Conservancy shall enter into a new agreement sufficient to protect the interest of the people of California. 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable,no other provision shall be _._. affected or impaired-by-die holding. S. SUCCESSORS AND ASSIGNS. The terms,covenants,conditions,exceptions, obligations,and reservations contained in this offer shall be binding upon and inure to the benefit of the successors and assigns of both the offeror and the Conservancy, whether voluntary or involuntary. 4 �b-5y7a Paa= Offer to Dedicate Title In Fee Bear Creek Redwood Preserve,Santa Clara County 6. TERM. This offer shall be irrevocable,and upon recordation of an acceptance in the form of Exhibit B, this offer shall have the effect of a grant of the real property to the State of California or other accepting entity designated by the Conservancy and having executed a substantially similar acceptance,as provided in this offer. The offeror executes this document on the date first written above. PENINSULA OPEN SPACE TRUST, the offeror het: By: Ald��.c�C or print name Aesidt-rrt Title 5 Recording requested by,and Exhibit C When recorded,return to: ) State of California ) Wildlife Conservation Board ) 1807 13"Street,Suite 103 ) Sacramento,CA 95814-7114 ) Space above this linejor Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT This Memorandum of Unrecorded Grant Agreement(Memorandum),dated as of February 17,2001, is recorded to provide notice of an agreement between the State of California, by and through the Wildlife Conservation Board("WCB'j and Midpeninsula Open Space District ("Grantee'). RECITALS A. On February 17,2001,WCB and Grantee entered into a certain Grant Agreement,Grant No. WC-0951-DT("Grant"),pursuant to which WCB granted to Grantee certain funds for the acquisition of certain real property,more particularly described in attached Exhibit A and incorporated by reference(the"Real Property'). B. Under the terms of the Grant,WCB reserved certain rights with respect to Real Property. C. Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain of WCB's reserved rights under the Grant. NOTICE 1. The Real Property(including any portion of it or any interest in it)may not be sold or exchanged without the written approval of the State of California,acting through the Executive Director of the Wildlife Conservation Board,or its successor,provided that such approval shall not be unreasonably withheld as long as the purpose for which the Grant was awarded are maintained. 2. The Real Property(including any portion of it or an interest in it)may not be p rtY 8 Y used as security for any debt without the written approval of the State of California,acting through the Executive Director of the Wildlife Conservation Board,or its successor,provided that such approval shall not be unreasonably withheld as long as the purpose for which the Grant was awarded are maintained. 3. For additional terns and conditions of the Grant,reference should be made to the Grant Agreement which is on file with the Wildlife Conservation Board, 1807 13th Street, Suite 103, Sacramento,California 95814-7117;mailing address: Wildlife Conservation Board,c/o Department of Fish and Game,P.O.Box 944209,Sacramento,CA 94244-2090. GRANTEE: By: President,Board of Director's Midpeninsula Regional Open Space District Regional Open S' lce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-46 Meeting 01-14 June 27, 2001 AGENDA ITEM 5 AGENDA ITEM Approval of Agreement Between the City of Mountain View and Midpeninsula Regional Open Space District for the Operation of Deer Hollow Farm ACTING GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in this report. 2. Authorize the General Manager to execute the attached Agreement with the City of Mountain View for the continued operation of Deer Hollow Farm. BACKGROUND In 1977, the District and the City of Mountain View entered into an agreement whereby the City could provide recreational summer camp activities in Rancho San Antonio Open Space Preserve (formerly known as Permanente Creek Park). On May 30, 1979, the District and the City of Mountain View entered into an agreement whereby the City could operate and maintain the Deer Hollow Farm facility at Rancho San Antonio Open Space Preserve. A new Agreement was negotiated on November 12, 1981, with amendments and extensions being executed on June 12, 1986, November 19, 1991, July 1, 1994 and July 1, 1995. The 1994 amendment included a provision for funding and participation by Santa Clara County. On August 14, 1996 the Board approved a three-way agreement between the District, the City of Mountain View, and Santa Clara County Parks for the joint operation of Deer Hollow Farm(see report R-96-83). Under the terms of the Agreement, the Deer Hollow Farm site was leased to Santa Clara County for a payment of$50,000 per year through a site lease. This was required because of the framework of the County's Park Charter Fund, which is the source of the County's funding for this project. As part of the Agreement, the District and the City of Mountain View agreed to equally share in the cost of maintenance of the farm, including the provision of a park maintenance worker by the District. The 1996 Agreement and Site Lease were scheduled to end on June 30, 1999. Both documents were extended for one year(see Report R-99-8 1) in order to allow for the completion of negotiations for the possible transfer of management responsibilities for Rancho San Antonio County Park from the County to the District. 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,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton R-01-46 Page 2 As part of the negotiations with Santa Clara County for the District's management of Rancho San Antonio County Park, the District committed to continue its support of Deer Hollow Farm at a rate of at least $50,000 per year(see Report R-00-49). The District also committed to negotiate in good faith with the City of Mountain View for the continued operation of Deer Hollow Farm. At its meeting of May 24, 2000, the Board approved the additional funds necessary for the required support of$50,000 for the current fiscal year. The District entered into a one-year agreement with the City of Mountain View for the period of July 2000 through June 2001 to allow time for evaluation of the impacts of the Rancho San Antonio County Park Agreement(see Report R-00-79). DISCUSSION The attached Agreement (Exhibit 1) is for a nine-year period. This time period has been chosen to coincide with the remaining term of the Rancho San Antonio County Park Management Agreement. The District's management of Rancho San Antonio County Park has not been found to have an impact on the agreement for the management of Deer Hollow Farm. Note that a site lease between the District and Santa Clara County is no longer required, since the County has already provided the District with the funds for their support of Deer Hollow Farm in the form of a one-time payment of$500,000 to cover the 10-year period. The Agreement has been re-negotiated with City of Mountain View staff to clarify and record current practices; however the day-to-day operations will not be changed by this Agreement. The Agreement includes the following provisions: • The City will coordinate and manage a program of environmental education, including the provision of a farm manager. • The District will provide for the Farm's maintenance services, including the provision of a farm maintenance worker. • Formulas have been created, which provide time slots in the Deer Hollow Farm schedule for school groups, and which give preference to schools located in Mountain View and schools located in the District, and Santa Clara County. • A cap on shared expenses has been included to ensure cost containment by the City and the District. • Language has been written to clarify the cost-sharing arrangements, and to provide clearer direction on the management of this aspect of the Agreement. CONCLUSIONS Deer Hollow Farm continues to be highly popular with school groups and individual visitors. The 23 year cooperative working relationship between the District and the City of Mountain View is a model of inter-agency cooperation, and has resulted in the provision of high quality environmental education programs and recreation opportunities for visitors. R-01-46 Page 3 Visitation continues to grow at Rancho San Antonio Park, with many of the visitors making Deer Hollow Farm their destination. The District's continued support of this facility will help to continue the provision of valuable opportunities for current and future generations, CEQA COMPLIANCE Staff concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(the California Environmental Quality Act)under section 15301 of the CEQA Guidelines as follows: Section 15301 allows for the continued operation of an existing public facility, with no expansion of use beyond that which currently exists. Prepared by: John Escobar, Acting General Manager Sue Schectman, General Counsel Gordon Baillie, Management Analyst Contact person: John Escobar, Acting General Manager Attachments: Exhibit 1: 2001 - 2010 Management Agreement AGREEMENT BETWEEN THE CITY OF MOUNTAIN VIEW AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE OPERATION AND MANAGEMENT OF DEER HOLLOW FARM THIS AGREEMENT is entered into this day of June, 2001, by and between the CITY OF MOUNTAIN VIEW, a municipal corporation, whose address is 500 Castro Street, P.O. Box 7540, Mountain View, California, 94039 (hereinafter referred to as "CITY") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district under the laws of California, whose address is 330 Distel Circle, Los Altos, California, 94022-1404 (hereinafter referred to as DISTRICT RECITALS WHEREAS, on November 12, 1981, CITY and DISTRICT entered into an agreement allowing CITY to provide activities for its citizens at Deer Hollow Farm within District's Rancho San Antonio Open Space Preserve("the 1981 agreement") and thereafter amended said agreement on June 12, 1986,November 19, 1991, July 1, 1994 and July 1, 1995 (the "1986 amendment," the "1991 amendment," the "1994 amendment" and the "1995 amendment," respectively); and WHEREAS, on June 1, 1996, CITY, DISTRICT and the County Of Santa Clara (COUNTY) entered into a new Agreement for the joint operation of Deer Hollow Farm and thereafter amended said Agreement on August 1, 1999; and entered into a further Agreement in July, 2000 and; WHEREAS, DISTRICT and the County of Santa Clara(hereinafter referred to as "COUNTY")have entered into a separate Agreement for Open Space Acquisition and Operation and Management of Rancho San Antonio County Park whereby DISTRICT has agreed to operate and maintain the COUNTY-owned Rancho San Antonio County Park which is adjacent to the DISTRICT-owned Rancho San Antonio Open Space Preserve and in which the parties agreed to continue funding for the Deer Hollow Farm Program; and WHEREAS, the CITY and DISTRICT have determined that continuation of Deer Hollow Farm is a mutually agreed-upon goal directly furthering the purposes of both agencies, and providing recreational and educational opportunities to constituents of both agencies; NOW, therefore, in consideration of the mutual promises, covenants and obligations contained herein, CITY and DISTRICT agree as follows: A. Property Description: The property consists of the buildings, structures, improvements, fencing and facilities located at 7550 St. Josephs Ave., Los Altos, CA. 94024 as described on the attached map (Attachment A),which is incorporated herein by reference. The property and said facilities as shown on Attachment A will hereafter be collectively referred to as "Deer Hollow Farm." B. Prop-ram Responsibilities 1. The CITY will provide, coordinate and manage a program of environmental education of similar or greater type and similar or greater level of public availability as CITY has provided during fiscal year 2000 (defined as July 1 - June 30 for purposes of this Agreement) at Deer Hollow Farm, which is located on Rancho San Antonio Open Space Preserve property owned by DISTRICT (hereinafter"the PROGRAM"). 2. During the term of this Agreement DISTRICT will provide Fifty Thousand Dollars ($50,000)per year to CITY for the funding of the PROGRAM. DISTRICT shall remit these funds to CITY no later than December 31 of each calendar year during the term of the Agreement. CITY shall apply said funds exclusively to the PROGRAM. In addition to the foregoing, the DISTRICT will provide personnel and maintenance services for Deer Hollow Farm as more particularly set forth herein. C. Term of Agreement: The term of this Agreement shall commence on July 1, 2001 and terminate on June 30, 2010, except if terminated earlier pursuant to the provisions of this Agreement. D. Description of Repair and Maintenance Services: 1. DISTRICT will provide repair and maintenance services for the operation of Deer Hollow Farm, including the maintenance of all buildings, structures, improvements, fencing and facilities as defined on the attached map (Attachment A). 2. DISTRICT shall provide the services of a maintenance worker, pursuant to a mutually agreed-upon schedule. District shall provide skilled work crews and supervision as required. 3. Said maintenance worker and crews will remain employees of DISTRICT and shall not be deemed agents, servants or employees of CITY. 4. DISTRICT shall be responsible for provision of all janitorial,plumbing, electrical and maintenance-related supplies, including, but not limited to, toilet paper, sanitizing chemicals, lumber, nails,pipe, and wire. 5. CITY shall be responsible for maintaining the current inventory of hand and power tools, at Deer Hollow Farm, and such tools shall remain the property of the CITY. - 2 - 6. Any alterations, additions or improvements to or of Deer Hollow Farm or any part thereof including, but not limited to, outbuildings, fences, signs or structures of any kind, shall require the prior written approval of DISTRICT. DISTRICT shall consult with CITY prior to making any major changes to buildings or facilities. E. Statement of Cost of Services and Reimbursement: 1. DISTRICT and CITY shall meet by each March 1 of the term of this Agreement to review the DISTRICT's and CITY's proposed upcoming fiscal year budgets for Deer Hollow Farm(defined as July 1-June 30 for the purposes of this Agreement). It is the intent of the parties that their budgets and expenses shall be approximately equal, unless the parties agree otherwise. 2. DISTRICT will provide CITY with a statement regarding the cost of maintenance and maintenance-related services DISTRICT provided during the prior fiscal year under this Agreement, on an annual basis. Statements must be received by CITY no later than August 31 during the term of this Agreement. The cost of maintenance services provided by DISTRICT shall be calculated based on DISTRICT's costs for labor, material, and personnel including but not limited to salaries,benefits, uniforms, training, equipment, management and supervision, insurance (property and liability) and water utility services. Any additional expenses to be included in the calculation of the cost of services must be agreed upon in writing by both parties. The total of all such costs shall be referred to herein as "District Expenses." 3. CITY will provide DISTRICT with a statement regarding the cost of services provided by CITY under this Agreement during the prior fiscal year, on an annual basis. Statements must be received by DISTRICT no later than August 31 during the term of this Agreement. The cost of services provided by CITY shall be calculated based on CITY's cost for labor, materials, and personnel, including but not limited to salaries,benefits, management and supervision, uniforms, training, supplies, electric utility services, and equipment used in provision of services. Any additional expenses to be included in the calculation of the cost of services must be agreed upon in writing by both parties. The total of all such costs shall be referred to herein as "City Expenses." 4. a. In the event District Expenses exceed City Expenses during any fiscal year during the term of this Agreement, CITY will reimburse DISTRICT for half the difference in expenses. For purposes of calculating CITY's reimbursement obligation, if any, the amount of District Expenses shall not exceed 110% of DISTRICT's adopted budget for the preceding fiscal year, regardless of the actual expenses incurred by DISTRICT. b. In the event City Expenses exceed District Expenses during any fiscal year during the term of this Agreement, DISTRICT will reimburse CITY for half the difference in expenses. For purposes of calculating DISTRICT's reimbursement - 3 - obligation, if any, the amount of City Expenses shall not exceed 110%of CITY's adopted budget for the preceding fiscal year,regardless of the actual expenses incurred by CITY. c. Any reimbursement owed under this Section shall be paid to the respective agency by December 31 of each fiscal year, except if both agencies agree to the carry- over provision as set out in subsection (4) (d). CITY and DISTRICT shall each be solely responsible,without reimbursement from the other party, for all actual annual expenses which exceed I 10%of the party's adopted budget for the preceding fiscal year. d. In the event an agency is owed reimbursement in an amount that does not exceed Five Thousand Dollars ($5,000) then, at the discretion of the owed agency, the amount to be reimbursed may be carried over to the next fiscal year. At the termination of the Agreement, all unpaid reimbursements will be paid based upon the method stated above not later than ninety (90) days after the termination of this Agreement. e. The cost of services shall be calculated based on net costs (costs minus revenues) and both agencies shall provide a full accounting of all revenues and costs associated with the operation of Deer Hollow Farm. Revenues shall include,but not be limited to: fees from camps and school programs, grants, gifts and donations. F. District Owned Residence 1. Notwithstanding any of the foregoing, CITY shall be solely responsible for the cost of all utilities (including,but not limited to: electricity, gas, and solid-waste disposal), and for any possessory interest tax, at the DISTRICT-owned residence located at 7500 St. Josephs Ave., Los Altos CA 94022, and currently occupied by CITY's Senior Recreation Coordinator, so long as it is occupied by a CITY employee. At the CITYs discretion, CITY may elect to have its employee pay any or all of the costs of the utilities, but this shall not relieve CITY of its obligation to pay such utility costs. 2. CITY and DISTRICT shall,within 90 days of signing of this Agreement, negotiate in good faith to enter into a lease agreement for CITY's lease of the DISTRICT-owned residence to further the purposes of the PROGRAM. The consideration for the lease shall be the parties' mutual agreements and promises herein as well as nominal rent. G. Extraordinary Expenses 1. In the event the total cost of any single repair or replacement of structures or facilities at Deer Hollow Farm, including the DISTRICT-owned residence, currently occupied by CITY's Senior Recreation Coordinator, exceeds Two Thousand Dollars ($2,000) in - 4 - materials and/or labor, CITY and DISTRICT will determine whether to proceed with the repair and, if so, the parties will mutually agree upon cost-sharing. 2. If CITY declines to pay for a project reviewed pursuant to this subsection DISTRICT may,but is not required to, undertake such a project if DISTRICT, in its reasonable discretion, believes that such a project is necessary for the protection of the public safety, health, welfare or the environment. 3. If DISTRICT approves of a project, but declines to pay for said project, CITY may, but is not required to, undertake such a project if CITY, in its reasonable discretion, believes that such a project is necessary for the protection of the public safety, health, welfare or the environment. H. Operational Responsibilities: The operation of the PROGRAM at Deer Hollow Farm shall be under the direction of CITY's Community Services Director or his/her designee. CITY will provide one (1) staff person to manage/supervise the PROGRAM on a day-to-day basis. The staff person will also provide day-to-day direction to the maintenance workers provided by DISTRICT. CITY's Resident staff member shall comply with all applicable DISTRICT Land Use Regulations (MROSD Ordinance 93-1). I. Selection Process: CITY may participate in the selection process for DISTRICT'S maintenance workers assigned to Deer Hollow Farm. CITY's participation will consist of one (1) CITY representative sitting as a member of DISTRICT's oral interview board for this position, and providing CITY comment if desired. However, DISTRICT shall have the sole authority to make the final determination with regard to any assignment or employment of its employees. DISTRICT may participate in the selection process for CITY's staff person assigned to manage/supervise the PROGRAM. DISTRICT'S participation will consist of one (1)DISTRICT representative sitting as a member of CITY's oral interview board for this position, and providing DISTRICT comment if desired. However, CITY shall have the sole authority to make the final determination with regard to any assignment or employment of its employees. J. PROGRAM Components: Registration for school class visits shall be allocated by CITY as follows: • One-third of all available openings for the school year will be reserved for schools located in Mountain View; • One-third of all available openings for the school year will be reserved for schools located both within COUNTY and DISTRICT boundaries; - 5 - • One-third of all available openings for the school year will be reserved for schools located in either COUNTY or DISTRICT boundaries; • Mountain View schools are included in all three categories listed above. • Any remaining openings will be available for schools located outside both COUNTY and DISTRICT boundaries. K. Fees: 1. Class Visits CITY will establish and collect fees for class visits to the PROGRAM. All proceeds from the fees for such visits shall belong to CITY. Fees for class visits shall be based upon a schedule to be developed by February 1 of each year, to be n 0 fiscal year. CITY shall consult with applicable for the upcoming Jul 1 - June 3 pp P g (July ) Y DISTRICT prior to the development of the fee schedule. Fees must provide a preferential rate for schools located within the District's boundary, City of Mountain View city limits, and County of Santa Clara boundary. Fees may be amended upon mutual consent of the parties. 2. Summer Camp CITY will establish and collect fees for individuals and groups, participating in the "summer camp" component of the PROGRAM. All proceeds from the fees for the summer camp shall belong to CITY. Fees for the summer camp shall be based upon a schedule to be developed by February 1 of each year, to be applicable for the upcoming(July 1 -June 30) fiscal year. CITY shall consult with DISTRICT prior to the development of the fee schedule. Fees must provide a preferential rate for residents living within the District's boundary, City of Mountain View city limits, and County of Santa Clara boundary. Fees may be amended upon mutual consent of the parties. L. Insurance: 1. During the term of this Agreement DISTRICT shall carry general liability insurance, or a policy self-insurance, including owned,non-owned and hired auto; property damage; and death and bodily injury, covering its risks arising out of the performance of any acts pursuant to this Agreement or its ownership of the Farm and its risks arising out of its personnel working at Deer Hollow Farm under this Agreement. CITY shall be named as additional insured on the policy. Said policy shall be in an amount not less than One Million Dollars ($1,000,000)per occurrence for bodily injury and property damage combined single limit and One Million Dollars ($1,000,000) for auto liability. DISTRICT shall furnish CITY with a Certificate of Insurance evidencing such insurance coverage. 2. During the term of this Agreement CITY shall carry general liability insurance, or a policy of self-insurance, including owned, non-owned and hired auto; property damage; and death and bodily injury, covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the PROGRAM. - 6 - DISTRICT shall be named as additional insured on the policy. Said policy shall be in amount not less than One Million Dollars ($1,000,000)per occurrence for bodily injury and property damage combined single limit and One Million Dollars ($1,000,000) for auto liability. CITY shall furnish DISTRICT with a Certificate of Insurance evidencing such insurance coverage. 3. DISTRICT shall be responsible for the Workers' Compensation coverage and care of DISTRICT employees, volunteers and agents, including those employees, volunteers and agents performing any acts at Deer Hollow Farm under this Agreement. CITY shall be responsible for the Workers' Compensation coverage and care of CITY employees, volunteers and agents performing any acts at Deer Hollow Farm under this Agreement. M. Hold Harmless: CITY hereby agrees to indemnify, defend and hold harmless DISTRICT from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the PROGRAM, and/or the operation and/or the use of Deer Hollow Farm under this Agreement to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of CITY's employees or agents or otherwise arises out of matters which, by the terms of this Agreement, are the responsibility of CITY. DISTRICT hereby agrees to indemnify, defend and hold harmless CITY from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the PROGRAM, and/or the operation and/or the use of Deer Hollow Farm under this Agreement, to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of DISTRICT's employees or agents or otherwise arises out of matters which,by the terms of this Agreement, are the responsibility of DISTRICT. CITY and DISTRICT agree to cooperate in the event of claims or litigation against either CITY or DISTRICT by a third party. In the event liability arises due to the alleged concurrent negligence of CITY and DISTRICT, or any combination thereof, each party shall contribute costs of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. N. Applicable Laws: This Agreement shall be construed and enforced pursuant to the laws of the State of California. O. Notices: 1. Any notice required to be given to DISTRICT shall be deemed to be duly and properly given if mailed to DISTRICT,postage prepaid, addressed to: - 7 - Midpeninsula Regional Open Space District General Manager 330 Distel Circle Los Altos, CA 94022 or personally delivered to DISTRICT at such address or at such other addresses as DISTRICT may designate in writing to CITY. 2. Any notice required to be given to CITY shall be deemed to be duly and properly given if mailed to CITY,postage prepaid, addressed to: City of Mountain View Community Services Director P.O. Box 7540 201 South Rengstorff Avenue Mountain View, CA 94039-7540 or personally delivered to CITY at such address or such other addresses as CITY may designate in writing to DISTRICT. P. Waiver: The failure of any party to insist upon a strict performance of any of the terms, conditions and covenants contained herein shall not be deemed a waiver of any rights or remedies that CITY or DISTRICT may have and shall not be deemed a waiver of any subsequent breach or default of the terms, conditions and covenants contained herein. Q. Severability: If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement. R. Captions: The captions in the articles of this Agreement are inserted for convenience purposes only and shall not affect the terms of this Agreement. S. Termination: Any party may,without cause, withdraw unilaterally from this Agreement upon one hundred eighty (180) days written notice to the other parties prior to July 1 of each year of this Agreement. T. Termination of this Agreement will also result in the termination of the right of any CITY employee, agent or sub-lessee to occupy the DISTRICT-owned residence at Deer Hollow Farm, and all residents must vacate the premises upon termination of this Agreement. Any agreement between CITY and any CITY employee, agent or sub-lessee for occupation of the DISTRICT-owned residence must include this provision. - 8 - IN WITNESS WHEREOF, this Agreement is executed by CITY and DISTRICT. APPROVED AS TO CONTENT: "CITY": CITY OF MOUNTAIN VIEW, a municipal corporation David A. Muela Community Services Director By: Kevin C. Duggan APPROVED AS TO FORM: City Manager C. Shelley Emerson "DISTRICT": Senior Assistant City Attorney MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Susan Schectman By: General Counsel L. Craig Britton General Manager Attachment I -Map of Deer Hollow Farm C:\DATA\Deer Hollow Farm\DHF Agreements\DHF 2001 -2010 Agreement.doc - 9 - 1 Rancho San Antonia Open Space Preserve - Deer Hollow Farm Midpeninsula Regional Open Space District Restrooms --�� I 47 R N Open Hay Barn 77 yV E Vegetabl Garde Legend / Fence Trail C Buildings Tree line Sheep Sheep and Pig Barn Pens z 34R White Barn s� Apple Shed Gara e & Chicken Coop . 3°is LCarriaLe House " 8 Blacksmith Shed 25 Pasture & Chicken Coop Area Grant House Staff Residence 87 n 4 Staff Courtyard Staff Gara e i Quail Garden 1/2 inch = 59 feet Regional Open S ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-75 Meeting 0 1-14 June 27,2001 AGENDA ITEM 6 AGENDA ITEM Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS 1. As a result of the Board's evaluation of District General Counsel's performance for Fiscal Year 2000-2001, the Ad Hoc Board Appointee Evaluation Committee recommends a 5%meritorious pay award based on District General Counsel's performance in fiscal year 2000-2001,and a 4%cost of living increase for fiscal year 2000-2001,retroactive to April 1,2001. 2. Adopt the attached resolution amending District General Counsel's Employment Agreement to reflect an adjusted part-time salary of$82,016.84,a 5%meritorious pay award totaling$3,943.12,and an adjustment in vacation hours from 100 hours annually to 110 hours annually. DISCUSSION The Board conducted its annual evaluation of District General Counsel's performance and compensation for the position at its May 30,2001 meeting. The Ad Hoc Board Appointee Evaluation Committee,composed of President Siemens and Directors Cyr and Little,met with District General Counsel to review her compensation and performance on May 21,2001. The District General Counsel's current 2/3-time salary is$78,862.35 annually. The Committee recommends,based on District General Counsel's performance in fiscal year 2000-2001,that the Board approve a salary adjustment for District General Counsel as follows: a cost of living adjustment(COLA)of 4%,which is the same COLA received by all District employees for Fiscal Year 2000-2001. The District's General Counsel's adjusted 2/3-time salary would be$82,016.84. Based on the Board's review of District General Counsel's performance during the past fiscal year, the Committee also recommends that a 5%meritorious pay award($3,943.12)be granted. This award is not a salary adjustment,but rather is granted as a one-time award in recognition for performance during the year. The Board is very pleased with District General Counsel's overall performance during the past year. Significant accomplishments included: Litigation A. Obermgy r v. MROSD(Long Ridge OSP): The District was successful in appellate court on this challenge to the District's right to allow District visitors to use Portola Park Heights Road. B. Richard v.MROSD(Thornewood OSP): The plaintiff claimed damages from the District's use of the access road. The matter went to trial and the District received a satisfactory judgment. C. LGCC v. MROSD(Bear Creek Redwoods OSP): This challenge to the District's acquisition was dismissed when the court granted the District's demurrer. D. Picha v. MROSD: Plaintiff sought damages for alleged unlawful arrest. District was successful on appeal to the federal Ninth Circuit Court of Appeals. 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 O E-E Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz *Genera!Manager:L.Craig Britton R-01-75 Page 2 E. Richmond v.MROSD: Plaintiff seeks damages for landslide at property adjacent to the Krone- Bishop property acquired as part of El Sereno OSP;the matter is expected to settle in mediation. Real Property A. Lands of Fletscher(Sierra AM Open Space Preserve): Settled legal dispute regarding a potential land exchange by purchase of Flotscher's property. B. El Sereno Open Space Preserve: Provided advice to implement the agreement with the homeowners adjacent to the Krone-Bishop property and with San Jose Water Company to transfer water and road maintenance obligations and construct a new water system. C. Mills Crock Open Space Preserve: Provided advice to enable the District to exercise its right of first refusal to acquire the Russian Convent property adjacent to Skyline Boulevard. D. La Honda Creek Ope Space Preserve: Litigation commenced to restore damages caused by the owners of the Paulin property adjacent to La Honda Creek OSP. Planning A. Provided advice concerning the amendments to the District's Trail Use Policies to develop a trail use ratio and to close designated preserves to bicycle use. B. Coastal Annexation: Provided advice concerning development of the Draft Service Plan,Fiscal Analysis,and Administrative Draft Environmental Impact Report. The Committee also recommends granting District General Counsel's request to increase her vacation hours from 100 hours annually to 110 hours annually. Submitted by: Ad Hoc Board Appointee Evaluation Committee (President Siemens and Directors Cyr and Little) Contact person: President Pete Siemens RESOLUTION NO. 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR DISTRICT GENERAL COUNSEL AND APPROVING AN AMENDMENT TO DISTRICT GENERAL COUNSEL'S EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 13, 1996, with Susan M. Schectman, employing her as the District's General Counsel; and WHEREAS, the Agreement provides for an annual review of District General Counsel's performance and an annual compensation review; and WHEREAS, the last annual compensation adjustment for the General Counsel was approved in June 2000, retroactive to April 1, 2000; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board desires to adjust District General Counsel's compensation to include a 4% cost of living increase, retroactive to April 1, 2001, thereby increasing her salary to $82,016.84 per year; and WHEREAS, the Board, based on its annual review of Schectman's performance, desires to grant her a meritorious pay of 5%, or$3,943.12 over and above Schectman's salary, in recognition of her performance during Fiscal Year 2000-2001. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does authorize the President of the Board of Directors to execute the attached Fifth Amendment to District General Counsel Employment Agreement on behalf of the Midpeninsula Regional Open Space District to increase District General Counsel's salary to $82,016.84 per year based on a 4% cost of living adjustment, retroactive to April 1, 2001 and increasing District General Counsel's annual vacation hours from 100 hours to 110 hours. BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant District General Counsel, by adoption of this resolution, a 5% meritorious pay award in the amount of$3,943.12 over and above District General Counsel's salary for meritorious service in Fiscal Year 2000-2001. ..►fth Amendment to Employment Agreement District General Counsel WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District entered into that certain District General Counsel Employment Agreement("Agreement"),dated March 13, 1996,with Susan M. Schectman,employing her as the District's General Counsel; and WHEREAS,the Agreement provides for an annual review of District General Counsel's performance and compensation; and WHEREAS,the Board has completed its annual review and desires to adjust District General Counsel's current compensation. NOW,THEREFORE,the parties agree that the Agreement shall hereby be further modified as follows: 1. Section 5(A)is hereby amended to read as follows: A. As compensation for services to be performed hereunder,Attorney shall receive a salary at the rate of $82,016.84 per calendar year. 2. Section 5(H)is hereby amended to read as follows: H. Attorney shall earn vacation and leave as set forth in the District's"Personnel Policies and Procedures Manual"and"Administrative Leave Program for Managers"pro-rated at 67%of applicable amounts,except that Attorney shall receive 110 hours of vacation leave which shall be credited to Attorney's vacation leave balance on January 1st of each calendar year. It is further agreed that in all other respects District General Counsel Employment Agreement is unmodified and shall continue in full force and effect. In witness thereof,the parties have executed the Amendment this day of ,2001. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Pete Siemens,President of the Susan M. Schectman,District General Counsel Board of Directors Date Date ATTEST: Lisa Zadek,Acting District Clerk Date Regional Open S, ce ------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-70 Meeting 01-14 June 27, 2001 AGENDA ITEM 7 AGENDA ITEM Authorization to Solicit Bids for One Dump Truck ACTING GENERAL MANAGER'S RECOMMENDATIO:c/k. Authorize staff to advertise for bids to purchase one dump DISCUSSION At your March 28, 2001 meeting, you approved the fiscal year 2001-2002 budget that included $90,000 for the purchase of one dump truck(see Report R-01-38). In 1991 the District purchased its first, and only, full-size dump truck. Since that time, the dump truck has been used to deliver base rock and other material for road repairs and for transporting heavy equipment. In July 1995, the District hired a second equipment mechanic operator. Since then, the demand for a full-size dump truck has increased considerably. A second full-size dump truck would allow both Skyline and Foothills crews to work concurrently on projects that require a full-size dump truck, eliminating the large amount of time and energy now spent transporting the dump truck from one geographic area to another. David Topley is currently working with truck manufacturers and the District's two equipment mechanic operators to develop specifications that will best meet the District's needs. The District's five-year capital equipment schedule provides for the purchase of one full-size dump truck in fiscal year 2001-2002. Prepared by: David Topley, Support Services Supervisor Contact person: Same as above Regional Open 5 re MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-69 Meeting 0 1-14 June 27, 2001 AGENDA ITEM 8 AGENDA ITEM Schedule a Special Meeting of the Board of Directors for July 18, 2001 ACTING GENERAL MANAGER'S RECOMMENDATION Schedule a special meeting of the Board of Directors for Wednesday, July 18, 2001 at 6:30 p.m. for the purpose of conducting a closed session concerning a Board appointee performance evaluation for the General Manager. DISCUSSION It is recommended that a Special Board Meeting be scheduled for Wednesday, July 18, 2001, which would be a closed sessionpurpose g appointee for the u ose of conducting the Board a intee performance evaluation for the General Manager. i Prepared by: j Lisa Zadek, Acting District Clerk Contact person: John Escobar, Acting General Manager 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org •Web site:www.openspace.org ill ®asr Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open S ice .�,. This Item Was Continued to --- �- R-01-74 the July 11, 2001 Board JLA REGIONAL OPEN SPACE DISTRICT Meeting 01-14 Meeting. June 27, 2001 AGENDA ITEM 9 AGENDA ITEM Wozniak vs. California Department of Forestry: Consideration of Consent to Conveyance by Big Creek Lumber Company to Candice Wozniak of Certain Limited Timber Rights at Bear Creek Redwoods Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATIONS 1. Determine if the action before the Board is categorical exempt from the California Environmental Quality Act as set out in this report. 2. Consider whether to consent to the conveyance by Big Creek Lumber Company to Candice Wozniak of Certain Limited Timber Rights at Bear Creek Redwoods Open Space Preserve. DISCUSSION Agenda Item 4 of your meeting of June 27, 2001, concerned the acquisition of the 805-acre Peninsula Open Space Trust(POST) property as an addition to the Bear Creek Redwoods Open Space Preserve(see Report R-01-71). On page 6 of that Report under the heading"Timber", the current timber harvesting operations being conducted by Big Creek Lumber Company(Big Creek) on the POST property are described. Big Creek purchased its rights to harvest timber on the POST property from the previous owner, Arlie Land and Cattle Company(ALCC), in August 1996. In May 2000, the District received a charitable gift of the residual timber rights which will remain once harvesting operations are completed. The District is also the assignee of a Timber Rights Agreement entered into between Big Creek and ALCC. Section 5.9 of that Agreement requires Big Creek to obtain the District's consent to conveyance of any of its rights, such consent not to be unreasonably withheld. In May 2001, the California Department of Forestry approved Major Amendment No. 4 to Big Creek's Timber Harvest Plan on the reserve. On May 8 2001 Candice Wozniak owner of an p Y , adjacent parcel Santa Clara Assessor's Parcel No. 544-49-011 017 018 and 019 located at J P ( 21435 Summit Road, Los Gatos) filed a lawsuit against the Department of Forestry and Big Creek. The lawsuit asserts that the Department of Forestry improperly approved the Amendment by, among other things, failing to complete a required raptor survey, failing to adequately analyze the alternative of purchase P ublic of the trees and cited other alleged defects. The lawsuit asserts g that Ms. Wozniak is seeking to preserve the redwood trees in the Amendment area for both private and public benefit. 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 #tm =29., Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz -Genera!Manager:L.Craig Britton R-01-74 Page 2 On May 9, 2001, the court issued an order temporarily staying the timber harvest pending further litigation. Big Creek and Wozniak have been engaged in settlement discussions in an effort to resolve this dispute without further litigation. The parties have reached agreement on the attached Settlement Agreement (see Attachment A) and have asked the District Board to consent to the transfer of the timber rights described therein pursuant to Section 5.9 of the Timber Rights Agreement. DESCRIPTION Major Amendment No. 4 to Big Creek's Timber Harvest Plan includes four basic areas within Bear Creek Redwoods Open Space Preserve. The Settlement Agreement pertains to the harvest area near the southernmost boundary of the POST property. The area is characterized by a deep forested canyon and the headwaters of Aldercroft Creek. The highpoint is the ridge crest at the southern end of the POST property, and steeply sloping downward towards the north and west. The Settlement Agreement describes two areas where trees have been marked. The first area is identified as a"viewshed" area (see Location Map, Attachment B, area 1). This is the area within the amended Timber Harvest Plan which extends from the Wozniak property northern boundary uphill approximately 150 feet to where the ridge levels. The area is predominately conifer forest with some madrone and oak trees. The second area is just north of the"viewshed" area, bounded on the east by the preserve property boundary, and bounded on the north and west by the northern crest of the ridge (see map area 11). A proposed skid road (actual bicycle path) is adjacent to the northern edge of this area. This skid road travels east, beyond the skid road shown on the Major Amendment No. 4 to Big Creek's Timber Harvest Plan map, ending close to the eastern boundary of the preserve. The marked trees in this second area are predominately redwood. The trees are found in approximately eight small groves. TERMS AND CONDITIONS The Settlement Agreement provides that Big Creek will sell to Wozniak the right to extinguish Big Creek's right to harvest 45 trees for the sum of$51,401.50. The general location of the trees to which this agreement applies is shown on the Location Map (see Attachment B). No additional trees may be harvested by Big Creek as substitutes for the trees to be retained pursuant to the Settlement Agreement. Big Creek will locate its skid trails and yarder pads in areas acceptable to Wozniak, but generally within areas previously approved by the Department of Forestry. The skid trails are routes that tractors use to pull logs from one point to another. Yarder pads are flat areas where a cable yarder is stationed to retrieve logs, and from which they are subsequently removed. Upon the Board's consent, Wozniak will dismiss her lawsuit against Big Creek. The remaining harvest will then proceed in the next few weeks, the remaining timber in the Aldercroft Creek Unit will be removed by August 2001 and all winterization(installation of culverts, rock crossings, and other measures contemplated in the Timber Harvest Plan) will be completed in early 2002. If the litigation proceeds, Big Creek states that it will not be able to complete its operations until after the 2002 harvest season. R-01-74 Page 3 While the District is not a party to this dispute, there appears to be a public benefit to consenting to this transfer. In addition to providing for the preservation of the 45 trees, the Agreement will expedite the completion of the timber operations ongoing on the Preserve. As noted in the acquisition report for the Peninsula Open Space Trust property addition to the Bear Creek Redwoods Open Space Preserve, Wozniak utilizes the area surrounding the subject trees for bicycle and motorcycle use (see Report R-01-71). The consent you are now considering does not extend any rights or interests to Wozniak that pertain to access or recreational use of the area and the District will continue to investigate and resolve the potential encroachment issues as specified in the preserve's Use and Management Plan. Board consent will not limit the District's ability to pursue resolution of these issues. Staff has been informed that Wozniak may desire to offer a charitable donation of her rights under the Agreement to the District at some time in the future. However, the Board is not being asked to make any determination about whether it desires to receive such a donation at this time. CEQA COMPLIANCE The action before the Board consists of consent to the conveyance of Big Creek's timber harvest rights to 45 conifers. The rights proposed for transfer to Wozniak are solely for the extinguishment of any right Big Creek has to harvest those trees. No physical change to the environment will result from this consent. Therefore, this action is categorically exempt from the California Environmental Quality Act under CEQA Guidelines Section 15061 since it can be shown with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Prepared by: Susan M. Schectman, General Counsel Thomas W. Fischer, Land Protection Specialist Contact person: Same as above i J Sent by: BIG CREEK FORESTRY 831 425 2872; 06/22/01 2:43PM;)#Lfa&-#409;Paqe 217 Received! 8/22101 li ;37,Am; > BIG CREEK FORE 3 Jun 22 01 11 :40a 3 ATTACHMENT A ,Swff U3UM AGREE NT This SV1TLYMVJWT AGREEMENT is by and between Candice Wozniak(WOZNIAK) and Big Creek Lumber Company, a California corporation, (BIG CREEK). In consideration of the mutual promises herein contained, WOZNIAK and BIG CREEK agree as follows: Recitals aid ftnagodmt A. The California Department of Forestry and Fire Protection (CDF) approved the Timber Harvest Plan #1-00-137 (SCL Major Amendment No. 4) (AMENDMENT), which AMENDMENT was issued to BIG CREEK In conjunction with its right to harvest mos. in, among other arm, the areas specified in the AMENDMENT. BIG C".FK represents that it has certain rights to harvest trees below mentioned. B. WOZNIAK represents that she is the Fm title owner of property adjacent to one of the areas to be harvested pursuant to the AMENDMENT. The WOZNIAK property is Santa Clara County APN 554-49-011, 017, 018, and 019. C. On or about May 9, 7,001, WOZNIAK filed litigation against CDF, Andrea Turtle as Director of the California Department of Forestry and Fire Protection, and BIG CREEK, Superior Court, Sam Clara County caw No. CV 798147. On May 21, 2001, BIG CREEK filed an Answer denying the charging allegations in the petition. D. It is understood and agreed that this SKI"I'LEMENT AGREEMENT is not an admission of liability on behalf of any party in said litigation. T14F PARTIES HERETO AGREE AS FOLLOWS- 1. The recitals and representations set forth above are incorporated by reference herein as though set forth herein. 2. Within the AMENDMENT areas. BIG CREEK has certain rights to harvest trees pursuant to the AMENDMENT and a Timber Deed and the Timber Rights Agreement dated August 9, 1996, copies of which are in the possession of WOZNIAK. BIG CREEK agrees to sell and WOZNIAK agrfts to purchase and then extinguish BIG CREEK's right to harvest those marked trees within a portion of the AMENDMENT area located in the viewshed of the WOZNIAK property from the northern boundary of the WOZNIAK property to the aplwoxiaute break in slope on the south side of the ridge, north of the WOZNIAK property. This Area of conifer retention has been nagged and agreed upon by BIG CREEK and WOZNIAK (hereafter Retention Area One). The parties hereto have agreed on the retention of eleven (11) conifer ' SETTLEMENT AGREEMENT BIG CREEK LUMBM COMPANY and CANDICE WOZNIAK ATTACHMENT A Sent by: BIG CREEK FORESTRY 831 425 2872; 06/22/01 2:43PM;IjL& 4409;Page 3/7 Aeceived: 812al01 11 :37AM; -> 4ZQ OREEK WMV V= Pape 4 Jun 22 01 11 :40a p.4 trees within the Retention Area One and the board foot volume of said eleven(11)conifer trees. Those eleven (11) conifer trees are the only conifer trees that BIG CREEK would otherwise harvest in Retention Area One, and BIG CREEK shall not harvest any other conifer trees from Retention Area One. The reduced price per thousand board feet(MBF) is $650 for those eleven (11) conifer trees. The total volume of those eleven (11) conifer trees is 22,260 bf x $650 which equals $14,469.00. BIG CkrF-K agrees to sell and WOZNIAK agrees to purchase and extinguish those rights~_ of BIG CREEK to harvest these eleven (11) conifer trees for the sum of $14,469.00 and for these certain rights, WOZNIAK shall pay to BIG CREEK said sum of$14,469.00. 3. Similarly, BIG CREEK within the AMENDMENT areas owns certain rights to harvest trees from the boundary of Retention Area One specified in Paragraph 2 to the north side of the proposed skid road near the break in the slope on the north side of the ridge. (Ibis area shal! be generally referred to as Retention Area Two, however Retention Areas One and Two and the two (2) small clump boundaries are more particularly described in Exhibit A, attached hereto and incorporated herein by this reference.) The location of the skid road and Retention Area Two have already been flagged and agreed upon by BIG CREEK and WOZNIAK. Twenty-eight (28) conifer trees above (south) of the skid road have been marked for harvest by BIG CREEK and verified by WOZNIAK to be reserved. There are two (2) small clumps of conifer trees north of the above stated skid road. Flagging by BIG CREEK and WOZNIAK by their respective foresters has been bung on vegetation around these two (2) small clumps so as to be clearly visible from all sides. BIG CREEK and WOZNIAK have agreed to their location. The twenty-eight (28) conifer trees in Retention Area Two are the only conifer trees that would have otherwise been harvested by BIG CREEK in Retention Area Two, and BIG CREEK shall not harvest any other conifer trees from Retention Area Two_ Further, with respect to the two (2) above described clumps, six (6) conifer trees total from the two(2) clumps are the only conifer trees from those two (2) clumps that would have otherwise been harvested by BIG CREEK from said clump, which six (6) trees are to be reserved. BIG CRE:FIC does not intend to nor shall it harvest any hardwood trees or any conifer trees from these two (2) clamps. BIG CREEK does not intend to nor shall it harvest any hardwood trees from Retention Area One and, except as hereinafter stated, from Retention Area Two. As an exceptign to Retention Arta Two, there could be some incidental damage to andlor removal of hardwood trees not to exceed six (6) hardwood trees, by BIG CREEK in Retention Area Two. The total MBF in the thirty-four(34) Reserved conifer trees is 43,450 bf. The price per MBF is $850. Eight hundred fifty dollars ($850) x 43.450 MBF equals $39,832.50. BIG CREEK agrees to sell and WOZNIAK agrees to purchase and then extinguish BIG CREXK's SETTLEMENT AGRE&M>:.M, BIG CREEK LUMBER COMPANY said CANDICE WOZNIAK Page 2 ATTACHMENT A Page Sent by: BIG CREEK FORESTRY 831 425 2872; 06/22/01 2:44PM;)Atr1LL-#409;Page 417 Received: 8/22/01 11 :38AM; 010 CREEK FORE' I rape 5 Jun 22 01 11 : 40a P. 5 rights to harvest those roarked conifers for $39,932.50 and WOZNIAK agrees to pay BIG CREEK the sum of$39,932.50_ 4. In accordance with paragraphs 2 and 3, above, BIG CREEK hereby sells to WOZNIAK and WOZNIAK agrees to purchase and then extinguish BIG CREEK's rights to harvest those conifer trees within the Retention Areas specified in paragraphs 2 and 3, above (hereafter the Retained Trees). WOZNIAK shall pay to BIG CREEK, forthwith, the total sum of $51,401.50. Said payment shall be made by WOZNIAK with a fully negotiable check payable to BIG CREEK and detivered to BIG CREEK, Attention: Bud McCrary, on or before June 28, 2001, subject however, to the occurrence of the conditions precedent set forth in Paragraph 9(d) herein_ The rights acquired by WOZNIAK pursuant to the SETTLEMENT AGREEMENT are limited to those tights expressly set forth herein. By virtue of this SETTLEMENT AGREEMENT, WOZNLAIC acquires no accessory or ancillary rights not expressly set out in this AGREEMENT. 5. if BIG CREEK logs any designated conifer Retained Tree within the Retention Areas, BIG CREEK shall pay to WOZ241AK double the value of that designated Retained Tree so logged by or on behalf of BIG CREEK, so that the penalty for the removal of a conifer Retained"free from the Retention Area described in Paragraph 2 is$1300;MBF and$1700/WF from the Retention Area described in Paragraph 3. BIG CREEK shall not harvest any additional trees within the Retention Areas described in Paragraphs 2 and 3 or any uthcr area of the THP or AMENDMENT thereto, to substitute for the removal of the Retained Trees from the AMENDMENT. 6. Concurrently with the execution of this SETTLEMENT AGREEMENT by the parties, WOZNIAK shall deliver to the attorney for BIG CREEK a dismissal with prejudice of all parties of the above litigation, which shall not be filed until the mvurrence of the conditions Precedent in Para d . a shalt bear her/its own costs and attorney's fees. Paragraph 8( ) Each party Furthermore, WOZNIAK hereby agrees to cease and desist from any further interference with the umber harvest by BIG CREEK pursuant to the AMENDMENT. 7. The tractor skid trails that access the timber adjacent to the WOZNIAK viewshed will be constructed to the north of the ridgeline tot the purpose of screening them from the WOZNIAK property view to the greatest extent reasonably practicable. Likewise, the yarder pacts will be constructed to the north of the ridgeline for the purpose of screening operations from said view to the greatest extent reasonably practicable. Skid trails and yarder pads within 100 feet of Retention Areas will be mulched with tractor-crushed slash to the greatest extent practical upon Completion of the harvest operation and prior to October 15, 2001. S. Miscellaneous Provisions: (a) This SETTLEMENT AGREEMENT and the terms hereof shall be binding_ SETTLEMENT AGREEMF-NT BIG CREEK LUMBER COMPANY and CANDICE WOZNIAK Page 3 ATTACHMENT A Page 3 Sent by: BIG CREEK FORESTRY 831 425 2872; 06/22/01 2:45PM;]gIfax 1#409;Page 5/7 Recelved: u/22/01 11 :30"; -y BIG CREEK FORES '; Page a Jun 22 01 11 : 41a P• s upon and inure to the benefit of the parties bereto and their heirs, buc:c;essors in interest and assigns. (b) Time is of the essence in this SETTLEMENT AGREEMENT- (c) This SETTLEMENT AGREEMENT constitutes the entire agreement between the parties. This SETTLEMENT AGREEMf.N'f may not be amended or supplemented except by written instrument duly executed by both parties hereto All prior and" contemporaneous discussions aid negotiations have been and are merged into and are superseded by this SETTLEMENT AGREEMENT. Each party has received prior independent legal advice with respect to this SETTLEMENT AGREEMENT and the drafting of the same. Any interpretation of this SETTLEMENT AGREEMENT shall not be construed in favor of or against either party and Civil Code §1654 is waived. (copy attached) (d) Conditions PrecredeAt: This SE"I"I'LEMEhT AGREEMENT shalt only become effective upon the consent by the Board of Directors of the Midpeninsula Regional Open Space District on June 27, 2001, to the conveyance by BIG CREEK to WOZNIAK of the rights described in this SETTLEMENT AGREEMENT pursuant to Paragraph 5.9 of the Timber Rights Agreement dated August 9, 1996. Upon such consent, BIU CRI EK is authorized to file the dismissal with prejudice referred to in Paragraph 6 herein. WOZNIAK shall deliver to BIG CREEK a fully negotiable check payable to BIG CREEK in the amount of $51,401.50 on or before June 28, 2001. Absent such consent and payment, this S1-TTLF-MF.NT AGREEMENT shall not take effect and shall be null and void. (e) Each party hereto represents that he/she has authority to bind mid does bind the party on whose behalf he/she is sigaat<7ry. DATED: June 2001 BIG CREEK LUMBER COMPANY, a Califo orporation (BIG CREEK) Iy y HOMER T- (13U1 ) McCRAR , Vice President Secretary DATED: June 20p1 CANDICE WOZNIAK (WOZNIAK) CANDICE WOZNIAK SETILEMENT AGREEMENT BIG CRF.F.K IXYM[HER COMPANY and CANDICE WOZNIAK Page 4 ATTACHMENT A Page 4 Sent by: BIG CREEK FORESTRY 831 425 2872; 06/22/01 2:45PM;)gjfA&_#409;Page 617 Race*vad; 6122101 11 ;3*AM; 510 CREEK FOKE! "Sao 7 Jun 22 01 11 :41a 11654. Uncwtainty; bawpretation against person causing in cans of uncertainty not removed by thu preceding rules, the language of a contract should be interpreted MKW strongly against the party who caused the uncertainty to exist. (Enacted 1872. Amended by Stm.19#2.r;. t 120.p.4045 1 SETTLRMWM AGREEMENT BIG CREW LUMM COMPANY M4 CANIXCE WOM&K paw 5 ATTACHMENT A Page 5 1 to� '000� EXHIBIT A m m T O m LEGEND PLAN AMEND'v1L\T N AC)l.+NDAR1` cn N � C XBLL• YARDING; N TRACTOR Y_4RDIVG j RETENTION AREAS 0 SKID TRAIL • t � f N / • •� `� • = RFTENTIO\ .-1REA ' N w ` • • 71 A t • • a R F.I F.D T I ON .A R F A �O at • { } • • • O � `J • *rri rD Z • ~ � � •� • • I I T -� • . • SCALL I I NCI I = I?5 FFFT � A CON1OUR 1VFLRVAL 401 /D ol I Consideration of Consent to Conveyance by Big Creek Lumber Company to Candice Wozniak of Certain Limited Timber Rights Bear Creek Redwoods Open Space Preserve '\ LEGEND O Conifer Grove Partial Area of Amended Timber Harvest Skid Trail Jul 1 t ' ' � •,�� AREA I Viewshed r Area II x r •.•... .1600 N LOCATION MAP - ATTACHMENT B Claims No. 01-12 Meeting 01-14 June 27, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1960 950.00 Aaron's Septic Tank Service Sanitation Services 1961 97.56 Accents and Artech Lamination Supplies 1962 8.53 Ace Fire Equipment&Service Co., Inc. Field Supplies 1963 118.80 Acme&Sons Sanitation Sanitation Services 1964 341.68 ADT Security Services Alarm Services 1965 462.45 Allied Auto Works Vehicle Maintenance&Repairs 1966 84.00 All Laser Service Printer Repairs 1967 6.18 Anderson Vehicle Parts 1968 99.16 AT&T Telephone Service 1969 235.53 AT&T Wireless Services Cellular Phone Service 1970 1,278.74 Avaya Communication Telephone Equipment Lease 1971 130.27 Bailey's Uniforms 1972 245.84 Barron Park Supply Field Supplies 1973 14,969.61 Bay Construction Services, Inc. Distel Circle Building Improvements 1974 192.56 Janet Beaugh Reimbursement--CALPERS Training 1975 12.81 Beck's Shoes Uniform Supplies 1976 122.49 Browning-Ferris Industries Garbage 1977 251.23 California Water Service Company Water Service 1978 133.26 Cascade Fire Equipment Company Fire Safety Supplies 1979 127.54 Continuing Education of the Bar Resource Documents-Legal 1980 431.00 Chicago Title Company Title&Escrow Services 1981 155.00 Clark's Auto Parts&Machine, Inc. Vehicle Parts 1982 281.42 Coastal Tractor Water Pump for Heston Tractor 1983 633.71 Costco Wholesale Office Supplies 1984 160.00 Co. of Santa Clara-Dept. of Environmental Health Hazardous Materials Permit 1985 75.00 *1 Craigslist Classified Ad For Public Affairs 1986 47.00 Decatur Electronics, Inc. RADAR Tuning Forks 1987 347.50 Department of Toxic Substance Environmental Protection Agency ID Fee 1988 2,934.58 Direct Advantage Office Furniture 1989 69.00 Element K Journals Subscription-Microsoft Powerpoint 1990 2,957.31 Enforcement Technology, Inc. Parking Citation Processing Fees 1991 10,000.00 Eugene Marks Tractor Service, Inc. Grading Services 1992 53.31 Emergency Vehicle Systems Vehicle Equipment Repairs 1993 91.00 Federal Express Express Mail Services 1994 145.23 Film To Frame Photo Processing Services 1995 341.00 *2 First Bankcard Mics. Expenses 1996 410.72 Forestry Suppliers, Inc. Fire Safety Supplies 1997 108.80 Foster Brothers Key Duplication 1998 58.28 G&K Services Shop Towel Services 1999 2,439.19 Gardenland Power Equipment Field Supplies 2000 75.00 GetaGovJob.com Recruitment Advertisement 2001 62.46 GreenInfo Network Trail Map Delivery Fees 2002 365.58 GreenWaste Recovery, Inc. Dumpster Service 2003 39.00 Half Moon Bay Review Subscription Renewal 2004 234.77 Home Depot Field Supplies 2 7,351.69 H.T.Harve &Associates Ecological Consultant-La Honda OSP 005 Y g 2006 117.16 HydroTec Irrigation Equipment Service Irrigation System Repairs 2007 5,873.85 IBM 5 Computers&Monitors 2008 948.91 J.L Darling Corporation Signs Page 1 I Claims No. 01-12 Meeting 01-14 June 27, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2009 2,411.06 Michael Johnson Window Installation-FRO 2010 1,775.00 Tamara Kan Pre-burn Plant Survey-Russian Ridge 2011 10.80 Keeble&Shuchat Photography Photo Processing 2012 291.01 *3 Kinko's Inc. Printing Services 2013 97.00 Kwik Key Lock&Safe Co, Inc. Service Call -Adjust Doors 2014 106.90 Langley Hill Quarry Base Rock 2015 55.46 Lanier Worldwide, Inc. Copy Machine Supplies 2016 447.42 Los Altos Garbage Co. Garbage Service 2017 8,934.86 Macias, Gini&Company Auditing Services 2018 97.20 Madco Welding Supply Company, Inc. Welding Supplies 2019 227.27 MCI WorldCom Telephone Service 2020 154.56 Paul McKowan Mileage Reimbursement 2021 432.22 MetroMobileCommunications Radio Repairs&Equipment 2022 36.00 National Notary Association Membership Renewal 2023 1,755.64 Navarone Mailing Services Mailing For Annual Report 2024 2,460.70 North American Title Co. Lobner Title Escrow 2025 39.41 Northern Energy Propane Service 2026 381.73 Orchard Supply Hardware Field Supplies 2027 1,414.74 Pacific Bell Telephone Service 2028 173.12 Pacific Water Systems Water Filter Cartridge 2029 405.00 Palo Alto Weekly Legal Ad For Helmet Ordinance 2030 2,622.41 *4 Panko Architects Distel Circle Remodeling 2031 304.75 Loro Paterson Reimbursement For Truck Shocks 2032 16.20 Peninsula Blueprint Reprographic Board Exhibits 2033 296.56 Petrotec Fuel Tank Supplies 2034 395.60 PIP Printing Labels&Newsletter Printing 2035 255.05 Pitney Bowes Credit Corporation Postage Meter Lease 2036 300.00 Portola Park Heights Property Owners Association Road Dues 2037 68.56 Precision Engravers, Inc. Name Tags Engraving 2038 37.18 Rancho Ace Hardware Field Supplies 2039 36.13 Rayne Water Conditioning Water Service 2040 1,563.27 Eric Remington Wildlife Habitat Research Consultant 2041 3,000.00 Reserve Account Postage For Postage Machine 2042 2,451.74 Roy's Repair Service Vehicle Repairs 2043 182.00 Russ Enterprises, Inc. Metal Signs 2044 125.82 Safety-Kleen Solvent Tank Service 2045 161.94 San Jose Mercury News Subscription Renewal 2046 34.68 San Jose Water Company Water Service 2047 3,505.32 *5 Santa Clara County Tax Collector Property Taxes 2048 2,000.00 *6 Saratoga Springs Staff Recognition Event 2049 109.56 Sue Schectman Reimbursement For Conference 2050 138.91 Sears Tools 2051 186.61 Second Cup Local Business Meeting Expense 2052 3,220.00 Richard Seever DBA Land Management Resource Feral Pig Control Activities 2053 60.00 Duncan Simmons Reimbursement-State Bar Membership 2054 235.20 Skyline County Water District Water Service 2055 500.00 Slug Nursery Deposit For Growing Of Shrubs 2056 262.50 Malcolm Smith Public Affairs Consultant 2057 136.31 Sandy Sommer Reim. For Office Supplies&Mileage Page 2 Claims No. 01-12 Meeting 01-14 June 27, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT €1 Amount Name Description 2058 1,000.00 Spectrum Resources FCC License 2 642.16 Sycamore Associates LLC Consulting Biologist For Wind Hill 059 Y g g Y 2060 1,597.84 Tadco Supply Field Supplies 2061 65.00 Terminex Pest Control Service 2062 254.80 The Bicycle Outfitter Bicycle Supplies&Repairs 2063 1,701.48 Therma Corporation HVAC Maintenance 2064 531.80 Tires On The Go Tires Installed 2065 60,436.50 2 M Associates District Annexation 2066 32.76 Union 76 Fuel 2067 2,758.88 United Rentals Equipment Rental 2068 240.00 University California Davis Extension Wetlands Regulations Course 2069 55.89 *7 UPS Parcel Mailing 2070 225.00 Verio, Inc. Internet Service 2071 148.00 Verio/Best Internet Service 2072 1.31 Verizon California . Cell Phone Service 2073 60.60 Verizon Wireless Messaging Services Pager Service 2074 294.21 West Group Payment Center Legal On-line Internet Service 2075 6,425.00 Wilcox Miller&Nelson Executive Recruitment Firm 2076 156.98 Mike Williams Reimbursement-Vehicle Mileage 2077 900.00 Roberta Wolfe Recording Services 2078 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Service 2079 39.32 *8 Xpedite Systems, Inc. Fax Broadcast Services 208OR 300.00 Lauren Crook Reimbursement-Tuition Expense 2081R 25,818.10 Lasher GMC Dodge Dodge Durango Vehicle 2082R 2,000,000.00 Peninsula Open Space Trust BCR-Upper Portion Acquisition 2083R 2,000.00 Saratoga Springs Volunteer Recognition Event Deposit 2084R 102.19 Petty Cash Local Business Meeting Expense, Film and Developing, Volunteer and Docent Supplies Total $2,206,576.93 *1 Urgent Check Issued June 13, 2001 *2 Urgent Check Issued June 13, 2001 *3 Urgent Check Issued June 13, 2001 *4 Urgent Check Issued June 19, 2001 *5 Urgent Check Issued June 19, 2001 *6 Urgent Check Issued June 13, 2001 *7 Urgent Check Issued June 12, 2W1 *8 Urgent Check Issued June 1, 2001 Page 3 Claims No. 01-12 Meeting 01-14 June 27, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1960 950.00 Aaron's Septic Tank Service Sanitation Services 1961 97.56 Accents and Artech Lamination Supplies 1962 8.53 Ace Fire Equipment&Service Co., Inc. Field Supplies 1963 118.80 Acme&Sons Sanitation Sanitation Services 1964 341.68 ADT Security Services Alarm Services 1965 462.45 Allied Auto Works Vehicle Maintenance&Repairs 1966 84.00 All Laser Service Printer Repairs 1967 6.18 Anderson Vehicle Parts 1968 99.16 AT&T Telephone Service 1969 235.53 AT&T Wireless Services Cellular Phone Service 1970 1,278.74 Avaya Communication Telephone Equipment Lease 1971 130.27 Bailey's Uniforms 1972 245.84 Barron Park Supply Field Supplies 1973 14,969.61 Bay Construction Services, Inc. Distel Circle Building Improvements 1974 192.56 Janet Beaugh Reimbursement--CALPERS Training 1975 12.81 Beck's Shoes Uniform Supplies 1976 122.49 Browning-Ferris Industries Garbage 1977 251.23 California Water Service Company Water Service 1978 133.26 Cascade Fire Equipment Company Fire Safety Supplies 1979 127.54 Continuing Education of the Bar Resource Documents-Legal 1980 431.00 Chicago Title Company Title&Escrow Services 1981 155.00 Clark's Auto Parts&Machine, Inc. Vehicle Parts 1982 281.42 Coastal Tractor Water Pump for Heston Tractor 1983 633.71 Costco Wholesale Office Supplies 1984 160.00 Co. of Santa Clara-Dept. of Environmental Health Hazardous Materials Permit 1985 75.00 *1 Craigslist Classified Ad For Public Affairs 1986 47.00 Decatur Electronics, Inc. RADAR Tuning Forks 1987 347.50 Department of Toxic Substance Environmental Protection Agency ID Fee 1988 2,934.58 Direct Advantage Office Furniture 1989 69.00 Element K Journals Subscription-Microsoft Powerpoint 1990 2,957.31 Enforcement Technology, Inc. Parking Citation Processing Fees 1991 10,000.00 Eugene Marks Tractor Service, Inc. Grading Services 1992 53.31 Emergency Vehicle Systems Vehicle Equipment Repairs 1993 91.00 Federal Express Express Mail Services 1994 145.23 Film To Frame Photo Processing Services 1995 341.00 *2 First Bankcard Mics. Expenses 1996 410.72 Forestry Suppliers, Inc. Fire Safety Supplies 1997 108.80 Foster Brothers Key Duplication 1998 58.28 G&K Services Shop Towel Services 1999 2,439.19 Gardenland Power Equipment Field Supplies 2000 75.00 GetaGovJob.com Recruitment Advertisement 2001 62.46 Greenlnfo Network Trail Map Delivery Fees 2002 365.58 GreenWaste Recovery, Inc. Dumpster Service 2003 39.00 Half Moon Bay Review Subscription Renewal 2004 234.77 Home Depot Field Supplies 2005 7,351.69 H.T.Harvey&Associates Ecological Consultant-La Honda OSP Equipment Service Irrigation System Repairs 2006 117.16 H droTec Irrigation g Y P Y g 2007 5,873.85 IBM 5 Computers&Monitors 2008 948.91 J.L Darling Corporation Signs Page 1 Claims No. 01-12 Meeting 0 1-14 June 27, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2009 2,411.06 Michael Johnson Window Installation-FRO 2010 1,775.00 Tamara Kan Pre-burn Plant Survey-Russian Ridge 2011 10.80 Keeble&Shuchat Photography Photo Processing 2012 291.01 *3 Kinko's Inc. Printing Services 2013 97.00 Kwik Key Lock&Safe Co, Inc. Service Call-Adjust Doors 2014 106.90 Langley Hill Quarry Base Rock 2015 55.46 Lanier Worldwide, Inc. Copy Machine Supplies 2016 447.42 Los Altos Garbage Co. Garbage Service 2017 8,934.86 Macias, Gini&Company Auditing Services 2018 97.20 Madco Welding Supply Company, Inc. Welding Supplies 2019 227.27 MCI WorldCom Telephone Service 2020 154.56 Paul McKowan Mileage Reimbursement 2021 432.22 MetroMobileCommunications Radio Repairs&Equipment 2022 36.00 National Notary Association Membership Renewal 2023 1,755.64 Navarone Mailing Services Mailing For Annual Report 2024 2,460.70 North American Title Co. Lobner Title Escrow 2025 39.41 Northern Energy Propane Service 2026 381.73 Orchard Supply Hardware Field Supplies 2027 1,414.74 Pacific Bell Telephone Service 2028 173.12 Pacific Water Systems Water Filter Cartridge 2029 405.00 Palo Alto Weekly Legal Ad For Helmet Ordinance 2030 2,622.41 *4 Panko Architects Distel Circle Remodeling 2031 304.75 Loro Paterson Reimbursement For Truck Shocks 2032 16.20 Peninsula Blueprint Reprographic Board Exhibits 2033 296.56 Petrotec Fuel Tank Supplies 2034 395.60 PIP Printing Labels&Newsletter Printing 2035 255.05 Pitney Bowes Credit Corporation Postage Meter Lease 2036 300.00 Portola Park Heights Property Owners Association Road Dues 2037 68.56 Precision Engravers, Inc. Name Tags Engraving 2038 37.18 Rancho Ace Hardware Field Supplies 2039 36.13 Rayne Water Conditioning Water Service 2040 1,563.27 Eric Remington Wildlife Habitat Research Consultant 2041 3,000.00 Reserve Account Postage For Postage Machine 2042 2,451.74 Roy's Repair Service Vehicle Repairs 2043 182.00 Russ Enterprises, Inc. Metal Signs 2044 125.82 Safety-Kleen Solvent Tank Service 2045 161.94 San Jose Mercury News Subscription Renewal 2046 34.68 San Jose Water Company Water Service 2047 3,505.32 *5 Santa Clara County Tax Collector Property Taxes 2048 2,000.00 *6 Saratoga Springs Staff Recognition Event 2049 109.56 Sue Schectman Reimbursement For Conference 2050 138.91 Sears Tools 2051 186.61 Second Cup Local Business Meeting Expense 2052 3,220.00 Richard Seever DBA Land Management Resource Feral Pig Control Activities 2053 60.00 Duncan Simmons Reimbursement-State Bar Membership 2054 235.20 Skyline County Water District Water Service 2055 500.00 Slug Nursery Deposit For Growing Of Shrubs 2056 262.50 Malcolm Smith Public Affairs Consultant 2057 136.31 Sandy Sommer Reim. For Office Supplies&Mileage Page 2 i Claims No. 01-12 Meeting 01-14 June 27, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2058 1,000.00 Spectrum Resources FCC License 2059 642.16 Sycamore Associates, LLC Consulting Biologist For Windy Hill 2060 1,597.84 Tadco Supply Field Supplies 2061 65.00 Terminex Pest Control Service 2062 254.80 The Bicycle Outfitter Bicycle Supplies&Repairs 2063 1,701.48 Therma Corporation HVAC Maintenance 2064 531.80 Tires On The Go Tires Installed 2065 60,436.50 2 M Associates District Annexation 2066 32.76 Union 76 Fuel 2067 2,758.88 United Rentals Equipment Rental 2068 240.00 University California Davis Extension Wetlands Regulations Course 2069 55.89 *7 UPS Parcel Mailing 2070 225.00 Verio, Inc. Internet Service 2071 148.00 Verio/Best Internet Service 2072 1.31 Verizon California Cell Phone Service 2073 60.60 Verizon Wireless Messaging Services Pager Service 2074 294.21 West Group Payment Center Legal On-line Internet Service 2075 6,425.00 Wilcox Miller&Nelson Executive Recruitment Firm 2076 156.98 Mike Williams Reimbursement-Vehicle Mileage 2077 900.00 Roberta Wolfe Recording Services 2078 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Service 2079 39.32 *8 Xpedite Systems, Inc. Fax Broadcast Services Total $178,356.64 *1 Urgent Check Issued June 13, 2001 *2 Urgent Check Issued June 13, 2001 *3 Urgent Check Issued June 13, 2001 *4 Urgent Check Issued June 19, 2001 *5 Urgent Check Issued June 19, 2001 *6 Urgent Check Issued June 13, 2001 *7 Urgent Check Issued June 12, 2001 *8 Urgent Check Issued June 1, 2001 Page 3 i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: John M. Escobar, Acting General Manager Date: June 22, 2001 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site: www.openspace.org Regional Open 5 ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Cathy Woodbury From: John Cahil�% Subject: Kabcenell Permit to Enter Windy Hill Open Space Preserve Date: June 22, 2001 The driveway g and bridge construction,which commenced in the summer of 2000, are now nearly complete. In April 2001,the Contractor,with the Engineer on site, installed a dust suppressant, Pennzsuppress D, to the newly re-graded, crushed stone driveway. This product was approved by the Town of Portola Valley for the Kabcenell project. A preserve visitor, upon observing the newly applied material, expressed concern to the District and the Town of Portola Valley. In addition, he has established a web site CharleY s.netlWindY )hill with photos and descriptions of what he views as the potential environmental effects of Pennzsuppress D. The Town's Conservation Committee is addressing this citizen's concerns and will discuss the matter at its meeting on Tuesday, June 26, 2001. The California Environmental Protection Agency has given Pennzsuppress D its approval through the Ca1Cert environmental technology certification program (please see the attached CAUEPA press release). For further information, the product specifications may be viewed at www.pennzsuppress.com. 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,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open 5- -vce A May 31, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Los Gatos Town Council Town of Los Gatos 110 E. Main Street Los Gatos, CA 95031 Subject: Proposed McCarthy Development Plan for the Fortner Guadalupe College Property Honorable Council Members: At last night's meeting,the Board of Directors of the Midpeninsula Regional Open Space District reviewed a letter from Brent Ventura addressed to Board President Peter(Pete) Siemens regarding the District's position on proposed McCarthy development plan for the former Guadalupe College property. In his letter, Mr. Ventura seeks clarification of the District's involvement and interest in protecting the upper reaches of the project site adjacent to St. Joseph's Hill Open Space Preserve (see attached letter, dated May 16, 2000). The area east of St. Joseph's Hill has been of keen interest to the District since we jointly acquired the former 170- acre Novitiate property in 1986,along with the adjacent 94-acre open space easement. Many attempts have been made with previous owners of the Guadalupe College property to either acquire all of the property or, in some way, preserve the uppermost portion of the property in a natural condition. In staff s initial discussions with McCarthy Land Company representatives,we clearly expressed our desire to see development limited to the lower portion of the property while preserving the hilltop either in the form of an open space easement or in fee title,possibly to be held jointly by the Town and District. Through the planning process, though, it became apparent that the applicant and Town's planning staff were moving in a direction that would allow restricted development of the hilltop. In cooperation with the Town's planning staff,District staff has worked with the applicant on planning and design details that would protect the natural condition of the north slope above Lexington Reservoir, restrict agricultural use of the hilltop, screen the proposed McCarthy residence from adjacent public trails,and accommodate future regional trail connections. Although it would be very desirable to see the entire area around St. Joseph's Hill preserved as permanent open space,we believe we have made a concerted effort to work with the Town and the applicant in preserving some of the key resources and recreational opportunities the project site has to offer. If it is the Town's desire to require additional preservation at St.Joseph's Hill, including down-scoping of proposed agricultural uses and reduction of viewshed intrusion,the District would wholeheartedly support such a decision. The District's goal is to protect the maximum feasible amount of open space for viewshed and habitat protection for future generations. Sincerely, 0ee Siemens President, Board of Directors cc: Board of Directors Brent N. Ventura Joe McCarthy 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 9 E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hasse",Kenneth C. Nitz o General Manager:L.Craig Britton LAW OFFICES OF I BRENT N. VENTURA MAY 1 7 2001 236 LOS GATOS BLVD. LOS GATOS,CA 95030-6124 (408)354-6725 fax(408)354-0686 May 16, 2001 Peter Siemens, Director Mid Peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Director Siemens, In attempting to work with their new owner of the Guadalupe College property, Joe McCarthy, as well as planing commissioners and officials of the Town of Los Gatos, it's become apparent that they believe that the Open Space District is not interested in receiving any additional lands for dedication from the Guadalupe College parcel to add to the Saint Joseph's Open Hill Space Preserve, other than lands already proposed. This is hampering my efforts to convince Town officials that the Mid-Pen would certainly welcome additional dedications of the meadow and grass lands on the Guadalupe College property at the eastern boundary of the Saint Joseph's Hill Preserve. Currently Mr. McCarthy in planing to put in a 5-6 acre vineyard in this meadow, which will be an active agricultural site including applications of pesticide and herbicides, while maintaining title in fee simple ownership. Saint Joseph's Hill is effectively bisected by the boundary with the Guadalupe parcel, which excludes a large amount of Saint Joseph's Hill and the grass lands to the east. Prior Town Council policy required deduction of these lands as part of any development of the Guadalupe College site. This is the last opportunity to complete the work commenced 20 years ago and preserve the other half of Saint Joseph's Hill. I need either a letter from Mr. Brittan, or a resolution from the Board of Directors clearly stating that the District is very interested in a dedication of these additional areas to the Saint Joseph's Hill Preserve. Could you provide me with some assistance in this regard. I have spoken with many people in the community who are concerned about this issue. I need some help in moving this thing to the forefront. Any assistance you could provide would be greatly appreciated. Very truly yours, Brent N. Ventura BNVIma cc: Craig Brittan 'Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 1, 2001 Ms. Janet McBride San Francisco Bay Trail Project P.O. Box 2050 Oakland, CA 94604-2050 Subject: Proposed Study for Moffett Field Segment of San Francisco Bay Trail Dear Ms. McBride: It has recently come to my attention that the joint project undertaken by the Bay Trail Project, City of Mountain View and the District to implement a .75 mile trail segment around the District's Stevens Creek Shoreline Nature Study Area(Crittenden Marsh)has been abandoned and a new planning project is being undertaken by the Bay Trail staff. Given the amount of the effort that has gone into prior studies, agreements,joint resolutions for implementation, and trail easement negotiations, I was disappointed to hear all of our hard work is apparently of no use. Although the District will be supportive of your intent to restudy the Moffett Field trail segment,I would like to take this opportunity to express my concerns over the proposed new study. As you know, District staff has been involved in this project for many years and has worked with representatives from the U.S.Navy,NASA, Cities of Mountain View and Sunnyvale, County of Santa Clara and others to comprehensively plan the Moffett Field trail segment. The 1991 Bay Trail Alternatives Study was a comprehensive feasibility study prepared over a two-year period by the South Bay Trail Ad Hoc Committee and determined a preferred trail alignment between Stevens Creek and Sunnyvale Baylands Park. The exhaustive study was instrumental in persuading NASA to incorporate the preferred trail alignment into the Moffett Field Land Use Master Plan, as well as providing the framework for developing a model trail project around the District's property located adjacent to Stevens Creek. The process of implementing the model project has been complicated, including resolving alignment and design conflicts with NASA, securing resolutions from the District and City of Mountain View outlining planning, funding and operational methods and, most importantly, negotiations on terms of the trail easement to be obtained from NASA. Initially, the project moved slowly in an effort to accommodate NASA's land use studies and a desire to resolve conflicts with their maintenance operation near the northwest corner of the property. Once the trail alignment was agreed upon by NASA and a preliminary design approved, the District entered negotiations with NASA to secure an acceptable trail easement. NASA prepared the initial draft trail easement that contained a number of provisions for NASA's closure of the trail both on a temporary and permanent basis. The tentative nature of the trail easement was unacceptable to the 330 Distel Circle • Los Altos,CA 94022-1404 + Phone:650-691-1200 Fax:650-691-0485 a E-mail:mrosd@openspace.org •web site:www.openspace.org ® e' Hoard of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton District as it would not provide assurances to the public that the trail segment or facsimile would be available to the public in the long term. After meeting with NASA representatives, a revised draft easement was agreed upon and, supposedly, forwarded to headquarters in Washington D.C. for review and approval. It was not until two months ago that NASA informed us that the review process was not underway due to discussions with the Bay Trail Project staff about re-examining the possibility of implementing the entire segment of the Bay Trail between Stevens Creek and Sunnyvale Baylands Park. Most recently, we were informed that the City of Mountain View has returned the grant funds they obtained for finalizing the planning and environmental review (CEQA) for the model trail project. Receipt of this information has prompted me to instruct our staff to abandon their efforts in moving forward with negotiations on the trail easement. The reason for taking this time to summarize the experience we have had with implementing the model trail project with NASA is to draw your attention to some of the obstacles you may face in undertaking a new study. Although some of the constraints for implementing the Bay Trail between Stevens Creek and Sunnyvale Baylands Park have changed since the 1991 study, many of the basic problems still exist. As pointed out in the 1991 study, there are viable solutions to the various constraints through design and operational solutions, including provisions for temporary trail closures. The major problem, as we have experienced, is coming to an agreement on terms of the easement that may be acceptable to a managing public agency. For this reason, we strongly urge you to pursue these matters at the front end of the study so as to assure yourselves that the easement issues are fully resolved prior to spending the time and effort of conducting yet another comprehensive study on this segment of the Bay Trail. The most important thing is to determine the degree of permanence the trail will have before moving forward. The District believes an easement in perpetuity is necessary to benefit the public and justify the expense of public funds for the development and ongoing management of the public trail. I wish the San Francisco Bay Trail Project staff success in your new endeavor to implement this most difficult section of the Bay Trail in the South Bay. 0 Sincer y, S L. Craig Britton, General Manager Cc: Board of Directors Del Woods Regional Open .*ace 1 r. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 21, 2001 Ms. Karin Bird 17285 Skyline Boulevard Woodside, CA 94062 Dear Ms. Bird: Thank you for your interest in the Red Barn at La Honda Creek Open Space Preserve. The District shares your enthusiasm for preservation of this historic resource and restoration of the Red Barn is a key project this year. Measures have already been undertaken to prevent further deterioration of the building. The foundation along the west side of the barn has been replaced to keep the building from collapsing, and holes in the roof have been covered with plastic tarps secured in place with battens nailed to the rafters. The cupola is stored at the Skyline Ranger Office, where it is carefully being restored. Operations Department staff has been repainting the white fencing and paddocks and maintaining the grounds around the Red Barn. Currently, an historic preservation architect is working with Planning Department staff to assess the barn structure and recommend the structural improvements and appropriate re- roofing materials that will maintain the historic integrity of the building. In addition to a new roof and possible structural work, the lead-based paint will be removed or capped and the Red Barn will be repainted. As we discussed during our telephone conversation yesterday, those interested could help us with this phase of the restoration project by providing old photos and information that document the physical and functional history of the entire ranch. Thank you again for expressing your desire to maintain the Red Barn as a significant landmark in La Honda and as an historic treasure for all. Please telephone me at(650) 691-1200 if you have any questions about the restoration or more good ideas about involving the La Honda community. Sincerely, Cathy o�d bury, ASL ICP Plann ganager 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 #gg sm= Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Page 1 of 1 Kristi Webb From: <analyze@mindspring.com> To: <mrosd@openspace.org> Sent: Wednesday, June 06, 2001 2:52 PM Dear members of the MROSD board, I have read with great concern of the proposed closures to bicycles of several preserves within MROSD lands. I am also extremely troubled by the proposed future reductions in bicycle mileage throughout the district. Responsible mountain biking is an environmentally sound recreation that should enjoy equal access to these and all trails. No one should be shut out of tranquil nature experiences, especially mountain bikers, who comprise the majority of trail users on these public lands that you manage. Please reject this proposed discrimination against off-road cyclists. Several studies have also been done that indicate that bikes cause significantly less damage to trails that Equestrian riding and are most likely on par with hikers, however this issue is seldom addressed. Please do what you can to end this discrimination against cyclists. Equal access is the only fair solution. I Thanks for your time and consideration, Brett Parsons i i I The following response was sent to Brett Parsons on Wednesday, June 6, 2001: "Thank you for your e-mail. Your message has been forwarded to the Board of Directors for their information." I � I I 6/6/01 sp 0 M e m o ra ndu m : MI REGIONALDPENINSULA OPEN SPACE DISTRICT To: L. Craig Britton From: Gordon Baillie X Subject: Update on Rancho de Guadalupe Bum Date: May 31, 2001 As was mentioned at the Board meeting,the possibility existed that Santa Clara County Fire would not be able to hold the prescribed bum planned for June 7 or June 14. We have heard from County Fire that, because of workload and logistics issues, they will not be able to hold the bum and therefore the event is canceled. We are clarifying with them whether or not they are interested in trying to reschedule the event for later this summer, if fire conditions allow. Otherwise, we will continue to work with them, or another fire agency, in hopes of holding the bum next year. Regional Open S- ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: J. Escobar, Assistant General Manager ,4� rl,1c CJ From: M. Williams, Real Property Representative Date: June 6, 2001 Subject: Lobner Property Addition to Monte Bello Open Space Preserve Escrow closed for the subject transaction on May 31, 2001 and title to and possession of this 40-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 March 14, 2001. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement, Lease, Date/Res. No. Mgmt Agmt.) Monte Bello 351-13-007 Lobner 40 Fee March 14, 2001 Mgmt. Status: Dedication Date/ Closing Date (Open, Closed,CMU, Status: Type Purchase Price GIS Code or Other) (Intended Withheld) May 31,2001 Closed Withheld Cash 1,200,000 Misc. Notes: District also received a Grant of First Offer for the adjoining 10.79-acre Lobner Property cc: Board of Directors Administration Accounting Operations/Planning-The uninhabitable cabin located on the subject property needs to be secured and area closed signs installed in appropriate locations. The demolition of the cabin is on hold until the completion of a survey of the subject property. 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 C+b 3 6I=, Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager' Date: June 27, 2001 Re: FYI's 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 INTEROFFICE MEMORANDUM June 22, 2001 TO: J. Escobar, Acting General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month May Year 2001 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles False Information to Peace Officer 1 Closed area 4 7 Resisting Peace Officer 1 Speed 8 19 Battery on Peace Officer 1 Helmet 4 11 Minor poss. alcohol 5 Night-riding 2 4 Hit & run vehicle accident 1 Unsafe operation 0 0 Dogs ACCIDENTSANCIDENTS Prohibited area 0 1 Bicycle accident 8 Off-leash 5 15 Vehicle accident 0 Off-road vehicles 0 1 Other first aid 1 Closed area _ 0 0 Hiker fatality 1 After hours 9 20 LZ air evacuation 2 Fishing 0 0 Vandalism 0 6 ENFORCEMENT Parking 29 35 Parking citations 37 Parking after hours 8 20 Other citations 32 Dumping/littering 0 1 Written warnings 64 Campfires 0 1 Arrests 5 Camping 0 0 Police assistance 7 Weapons Actual contact 0 0 MUTUAL AID Report only 0 2 Accident 1 Evidence of 0 0 Fire 0 Unlawful trail construction 0 1 Law enforcement 1 Glider prohibited 0 1 Landing zone off-site 0 Group w/out permit 0 1 i° SUMMARIES OF SIGNIFICANT INCIDENTS May 4 Power lines near the former Dyer property in La Honda Creek OSP touched off a wildland fire. W. Phillips and CDF responded. The fire was about 50' x 100' in heavy woodland duff when W. Phillips arrived on scene. He assisted with suppression efforts and the fire was extinguished. i, May 5 A neighbor who lives adjacent to Sierra Azul contacted a visitor, who was allegedly leaving a closed area. The neighbor confronted the visitor, and later claimed that the visitor swore at him from inside his vehicle and that he had a handgun. The neighbor reported the incident, but became frustrated when a deputy questioned him about the contact. A man, who may have been the visitor in this incident, later called the main office to complain about a "District caretaker," who was abusive towards him. No charges were filed. P. Hearin. May 5 Rangers Barresi and Phillips stopped two men for after hours use in Windy Hill OSP. The men were uncooperative and threatened to flee, bumping into W. Phillips in an attempt to leave. W. Phillips requested San Mateo sheriff's deputies respond to the area. The violators then became more cooperative. Both were cited and released. May 6 B. Downing and W. Phillips responded with Woodside Fire to a report of a man down on the Spring Ridge Trail at Windy Hill. A hiker had collapsed on the side of the trail and several visitors stayed with him until the rangers and fire department arrived. Woodside paramedics arrived shortly after the rangers and pronounced the person deceased. May 18 D. Danielson saw two vehicles parked at the Foothills OSP main pullout at about 9:45 p.m. After a foot patrol to the Vista Knoll, he contacted a group of juveniles walking out. The minors were found to be in possession of alcohol (after a consent search of a backpack). One of the girls had slurred speech and staggered as she walked. All five youths were issued written warnings for after hours use and Palo Alto PD was called to respond. An officer arrived and took the group into protective custody, intending to notify their parents to come and pick them up. May 19 L. Paterson and D. Danielson were called out to respond to a report of several shots fired and possible deer poaching in Monte Bello OSP. A Fish and Game warden also responded. Lights were seen within the preserve, but units were unable to locate anyone. May 20 W. Phillips and S. A.-Minshall found evidence of illegal trail maintenance in Corte Madera OSP. During a patrol check of known illegal trails, several jumps, pruned limbs, and route flagging were noted. May 24 Two visitors were contacted for after hours violations by B. Malone and K. Carlson in Sierra Azul OSP. One visitor was cited and released. It was determined that the other visitor had a felony no bail warrant for burglary out of Los Angeles. The Sheriff's Department was requested to respond. The deputy arrived one hour later and took custody of the visitor. Vandalism: 2 A signboard at the Fir Trail access to El Corte de Madera was broken off at ground level and thrown down an embankment. 5 Two barricades on a trail were smashed in St. Joseph's Hill OSP. Also, a barricade and a sign were stolen. 9 A sign on one gate was unbolted and two signs on another gate were unbolted and stolen from Bear Creek Redwoods OSP. 13 Signs were tagged with paint at Loma Prieta Ranch. City of San Carlos 6/26/01 1 :50 PAGE 1/1 CITY OF SAN CARLOS cmcmx SU"L MUCH"MAYOR 6W Eta!$TAW DOKALD M.WON.VWE MAYOR SAN CAR[fLiS.CAUPORNIA 94U&MS TkK*AASJ.DKAW 11UJU1i0M(dX 3024119 MICKAELJ,KIM FAX(650)"14?19 LU A 7WOMPSON WEB.lxgp;/1ww�xsi.oecurlo,.n.ua June 25,2001 Connie Finster Project Officer Department of Parks and Recreation P.O.Box 942996 Sacramento,CA 94296-000 I Fax: 916-653-6511 Dear Ms.Finster, The City of San Carlos supports the Midpeninsula Regional Open Space District Grant Application for Pulps Ridge Open Space Preserve Public Access Improvements. These improvements will greatly improve public access to this nearby open space for our citizens and those throughout the Peninsula. All visitors to this preserve will have their experience enhanced, being provided with renewed opportunities for hiking, birdwatching, nature study,dog-walking,and picnicking. This project includes a 20-=parking and staging area, restrooms, trailhead signage and three now trails. Additionally, the unsightly forma sewage treatment plant and other equipment will be demolished and removed. The need for access to healthy activities has never been greater. The Pulgas Ridge Open Space Preserve public access improvements "I assist all of as in our efforts to support healthy individuals and healthy communities. S Y, 'a ;/0-- Mnald M.Eaton Vice Mayor cc: /Pew Sicnierts,President Midpeninsula Regional Open Space District Board of Directors. MCYCLED PARtH