HomeMy Public PortalAbout20151209 - Agenda Packet - Board of Directors (BOD) - 15-31
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, December 9, 2015
5:00 PM
REVISED
A G E N D A
5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – STUDY SESSION
ROLL CALL
1. Interpretive Design Development Options for the Mount Umunhum Summit Project (R-15-
166)
Staff Contact: Meredith Manning, Senior Planner
General Manager’s Recommendations:
1. Approve the Mid-Level Option for Fabrication, Installation, and Installation Oversight of the
Interpretive Elements of the Mount Umunhum Summit Project at a cost not-to-exceed
$315,000.
2. Direct staff to proceed with the Preferred Option, which will form the basis for a Request for
Bids package for fabrication.
6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section
54956.8)
Property: Portions of the following properties identified as Santa Clara County Assessor
Parcel Numbers 562-04-014, 562-08-012, and 562-22-017
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Scott McQueen and Michael Rossetta
Under Negotiation: Terms of real property transactions
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
Meeting 15-31
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not the agenda. Each speaker will ordinarily
be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the
Board of Directors on items not on the agenda. If you wish to address the Board, please complete a
speaker card and give it to the District Clerk. Individuals are limited to one appearance during this
section.
ADOPTION OF AGENDA
CONSENT CALENDAR
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.
1. Approve Board Meeting Minutes:
November 17, 2015
2. Approve Claims Report
3. Communication Site Lease at Pulgas Ridge Open Space Preserve (R-15-169)
Staff Contact: Allen Ishibashi, Senior Real Property Agent
General Manager’s Recommendations:
1. Determine that the recommend action is categorically exempt from the California
Environmental Quality Act, as set forth in the staff report.
2. Adopt a Resolution authorizing the approval of a Communication Site Lease at Pulgas Ridge
Open Space Preserve with GTE Mobilnet of California Limited Partnership, d/b/a Verizon
Wireless.
4. Annual Dedication of Certain District Lands and Dedication Status Report (R-15-158)
Staff Contact: Elish Ryan, Real Property Planner III and Lupe Hernandez, Real Property
Administrative Assistant
General Manager’s Recommendation: Adopt a resolution dedicating interests in certain specified
District lands for public open space purposes.
BOARD BUSINESS
The President will invite public comment on agenda items at the time each item is considered by the
Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
5. Resolution Approving an Addendum to the Final Environmental Impact Report for the
Mount Umunhum Environmental Restoration and Public Access Project and Related
Minor Project Modifications (R-15-165)
Staff Contact: Meredith Manning, Senior Planner
General Manager’s Recommendation: Adopt a resolution approving an addendum to the certified
Final Environmental Impact Report for the Mount Umunhum Environmental Restoration and
Public Access Project in Sierra Azul Open Space Preserve and related minor project
modifications.
6. Consideration of approving a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District declaring the acquisition of certain real property rights
necessary for the Sierra Azul Open Space Preserve and the Mount Umunhum
Environmental Restoration and Public Access Project (“Project”), and authorizing the
acquisition thereof and the transfer of funds therefor (Portion of Santa Clara County
Assessor Parcel Numbers: 562-04-014, 562-08-012 and 562-08-011, owned by Mount
Umunhum Limited Partnership). (R-15-167)
Staff Contact: Allen Ishibashi, Senior Real Property Agent
General Manager’s Recommendation:
The General Manager recommends that the Board of Directors approve a Resolution of Need and
Necessity for the following acquisitions from Mount Umunhum Limited Partnership:
1. A 60-foot wide general public access and drainage easement containing a total of 454,565.98
square feet on that certain property identified as Santa Clara County Assessor Parcel Numbers
562-04-014 and 562-08-012, as a critical public access route to the summit of Mount
Umunhum in the Sierra Azul Open Space Preserve.
2. A 60-foot wide patrol and maintenance easement containing 78,000 square feet on that certain
property identified as Santa Clara County Assessor Parcel Numbers 562-08-012 and 562-08-
011, as a critical District access and patrol route to the summit of Mount Thayer in the Sierra
Azul Open Space Preserve.
3. A 40-foot wide fee strip of property containing 36,220 square feet on that certain property
identified as Santa Clara County Assessor Parcel Number 562-08-012, as a critical public
access route to the summit of Mount Umunhum and critical District access to Mount Thayer
in the Sierra Azul Open Space Preserve, with an accompanying 20 foot wide easement
granted back to Mount Umunhum Limited Partnership for access rights across said 40 foot
wide fee strip.
4. The General Manager further recommends that the appropriate amount of funds be transferred
and that funds for immediate possession be allocated.
7. Consideration of approving a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District declaring the acquisition of certain real property rights
necessary for the Sierra Azul Open Space Preserve and the Mount Umunhum
Environmental Restoration and Public Access Project (“Project”), and authorizing the
acquisition thereof and the transfer of funds therefor (Portion of Santa Clara County
Assessor Parcel Number: 562-22-017, owned by Michael and Leonard Rossetta). (R-15-168)
Staff Contact: Allen Ishibashi, Senior Real Property Agent
General Manager’s Recommendations:
The General Manager recommends that the Board of Directors approve a Resolution of Need and
Necessity for the following acquisitions from Michael and Leonard Rossetta:
1. A 60-foot wide general public access and drainage easement containing a total of 42,871.80
square feet on that certain property identified as Santa Clara County Assessor Parcel Number
562-22-017, as a critical public access route to the summit of Mount Umunhum in the Sierra
Azul Open Space Preserve.
2. A fee interest to a 19-acre (approximate) property boundary overlap over a portion of
property identified as Santa Clara County Assessor Parcel Number 562-22-017 from Michael
Rossetta and Leonard Rossetta, to resolve a boundary line controversy and to ensure critical
public access within the Sierra Azul Open Space Preserve.
3. The General Manager further recommends that the appropriate amount of funds be transferred
and that funds for immediate possession be allocated.
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for factual information; request staff to report back to the Board on a matter at a future
meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and
direction to staff only. No final policy action will be taken by the Board.
A. Committee Reports
B. Staff Reports
C. Director Reports
ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special meeting of the MROSD Board of Directors was posted and available for
review on December 4, 2015, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California,
94022. The agenda and any additional written materials are also available on the District’s web site at
http://www.openspace.org.
Jennifer Woodworth, CMC
District Clerk
R-15-166
Meeting 15-31
December 9, 2015
STUDY SESSION 1
AGENDA ITEM
Interpretive Design Development Options for the Mount Umunhum Summit Project
GENERAL MANAGER’S RECOMMENDATIONS
1. Approve the Mid-Level Option for Fabrication, Installation, and Installation Oversight of the
Interpretive Elements of the Mount Umunhum Summit Project at a cost not-to-exceed
$315,000.
2. Direct staff to proceed with the Preferred Option, which will form the basis for a Request for
Bids package for fabrication.
SUMMARY
Three interpretive design options have been prepared for the Mount Umunhum Summit Project
(Project), ranging in cost from approximately $127,000 to $315,000 for fabrication, installation,
and installation oversight (see Attachment 1). Funds for interpretive design were previously
included in a contract amendment with Restoration Design Group (R-15-160). This item is
coming to the full Board given the high level of Board interest regarding the specific design,
intent, and subject matter breadth of the Project’s interpretive elements. The General Manager
recommends a mid-level option (Option B, Preferred Option) range of approximately $176k-
$211k, which represents approximately 4% of the estimated total design and construction cost
for the Project. Following Board selection, staff will work with consultants to prepare the draft
interpretive content for internal and partner review, and ultimately construction documents as a
basis for Request for Bids for fabrication and installation. Additional funds to complete the
interpretive design work associated with Board selection of a Preferred Option will be requested
as part of the Fiscal Year (FY) 2015-16 Mid-year Budget Review. Also, Measure AA, Portfolio
#23, identified $27.972 million for the Mt. Umunhum Public Access and Interpretive Projects.
MEASURE AA
The 5-year Measure AA Project List approved by the Board at their October 29, 2014 meeting
includes Priority Action/Portfolio #23 that encompasses all of the Mt. Umunhum Public Access
and Interpretation Projects, in the amount of $27.972 Million. The Expenditure Plan included an
allocation of $208,000 specifically for educational and interpretive materials and stewardship
programs at the summit and along the Mt. Umunhum Trail to the summit, which includes the
Guadalupe Creek Overlook. These numbers allocated in the Expenditure Plan align nearly
exactly with the consultant estimates for a mid-level interpretive option. Selection of a preferred
interpretive option furthers the goals of Portfolio #23 and Project #23-4 by providing the
R-15-166 Page 2
necessary design documents suitable for public bidding and fabrication of the Mount Umunhum
interpretive elements.
DISCUSSION
Design of interpretive elements is being carried out by Leslie Stone Associates, one of eight (8)
sub-consultants to Restoration Design Group (RDG), who is the prime landscape architect
consulting firm for the Project. On August 26, 2015, the Board approved a final design for the
summit (R-15-126), and at the November 18, 2015 meeting, the Board approved a contract
amendment for RDG, which included a placeholder for interpretive design and fabrication
oversight (R-15-160) for both the summit and the Guadalupe Creek Overlook on the Mt.
Umunhum Trail. Staff is now seeking direction for a relative level of interpretive options for the
Project.
The Board has approved a higher-than-minimal level of site amenities and improvements for
both the Summit Project and Guadalupe Creek Overlook; therefore, the recommended mid-level
(Preferred) option for interpretation aligns well with the vision that has been set for Mount
Umunhum. This Preferred Option includes a variety of interpretive elements including welcome
signs, sign boards, interpretive signs/panels, and embedded tactile objects to welcome visitors to
specific Summit areas, inform visitors of the site’s importance, and provide orientation to the
spectacular views surrounding the summit. Proposed signage will primarily be placed so views
are unobstructed.
This agenda item presents three interpretive options or “packages”, and the associated estimated
costs for each option. The main differences between the options include: 1) the number of
interpretive signs, 2) inclusion of embedded objects, and 3) addition of military equipment left
behind in the radar tower, such as switchboxes, mounted to frames outside the building (see
Attachment 1). As with the Summit Project, the Board may choose to select one option as
presented, or choose to make modifications resulting in a new Preferred Option. The Board’s
decision will determine the next phase of interpretive design work (details, refined content, etc).
FISCAL IMPACT
The Board recently approved a contract amendment for RDG that included a placeholder for
interpretive design and oversight (R-15-160). Funds will be requested during the mid-year
budget process to pay for this work. Funds for fabrication and installation of interpretive
materials will be requested during the FY2016-17 budget cycle.
BOARD COMMITTEE REVIEW
Given the high level of Board interest in the interpretive components of the Project, and the
current timeline to open the summit to the public by fall of 2016, this item is being brought
directly forward to the full Board. This decision also aligns with the Planning and Natural
Resource Committee’s desire to have the full Board review and confirm their selection of the
summit area final design (R-15-126).
R-15-166 Page 3
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
Construction of the Mount Umunhum Summit Area, including interpretive elements, was
included in the Mount Umunhum Environmental Restoration and Public Access Plan EIR, which
was certified by the Board on October 17, 2012 (R-12-91).
NEXT STEPS
Pending Board selection of a Preferred Option, the General Manager will authorize staff to work
with RDG to amend the scope of work with their sub-consultant LSA to begin the design work
necessary to produce draft content for interpretive elements. The finalized interpretive content
for the selected design option would form the basis for a Request for Bids package for
fabrication. A Request for Bids is anticipated to be brought to the Board in spring 2016 to cover
fabrication of interpretive elements once the final designs are developed. Installation of
interpretive elements is expected to be included in the larger, overall construction Request for
Bids and contract for the summit area amenities, also in spring 2016. The additional contract
amendment amount is expected to align with the soft cost estimate allocated under Measure AA.
Attachment(s)
1. Interpretive Design Concept Plan Options A, B (Preferred), and C and Associated
Costs
Responsible Department Head:
Jane Mark, AICP, Planning Manager, Planning Department
Prepared by:
Meredith Manning, Senior Planner, Planning Department
Contact person:
Same
November 25, 2015
Mount Umunhum Summit Project
Interpretive Concept Plan
OPTION A $127,360 - $152,832 OPTION B $176,092 - $211,310 OPTION C $262,414 - $314,896
Signboard (parking lot)
Signboard (trail)
Signboard (turn around)
Interpretive Signs at West Summit
t4VNNJU4UBJST
r"EKBDFOUUP$FSFNPOJBM4QBDF
r/PSUI7JFXJOH$PWF
r3BEBS5PXFS0WFSMPPL
t-PPLJOH4PVUI
Interpretive Signs at East Summit
t3BEBS5PXFS4JHOT
t"SUJGBDUT.PVOUFEPO'SBNFT
r7JFXQPJOU-PPLJOH4PVUI
*OUFSQSFUJWF4JHOBU(VBEBMVQF$SFFL
0WFSMPPL
*OUFSQSFUJWF4JHOTBU)PVTJOH"SFB
t'MBHQPMF
t4XJNNJOH1PPM
&NCFEEFE0CKFDUT
t"MPOH1BUIXBZT
t*O3PDL4FBUJOH8BMMT
Signboard (parking lot)
Signboard (trail)
Signboard (turn around)
Interpretive Signs at West Summit
t4VNNJU4UBJST
r"EKBDFOUUP$FSFNPOJBM4QBDF
r/PSUI7JFXJOH$PWF
r3BEBS5PXFS0WFSMPPL
t-PPLJOH4PVUI
Interpretive Signs at East Summit
r3BEBS5PXFS4JHOT
t"SUJGBDUT.PVOUFEPO'SBNFT
r7JFXQPJOU-PPLJOH4PVUI
*OUFSQSFUJWF4JHOBU(VBEBMVQF$SFFL
0WFSMPPL
*OUFSQSFUJWF4JHOTBU)PVTJOH"SFB
t'MBHQPMF
r4XJNNJOH1PPM
&NCFEEFE0CKFDUT
r"MPOH1BUIXBZT
t*O3PDL4FBUJOH8BMMT
Signboard (parking lot)
Signboard (trail)
Signboard (turn around)
Interpretive Signs at West Summit
r4VNNJU4UBJST
r"EKBDFOUUP$FSFNPOJBM4QBDF
r/PSUI7JFXJOH$PWF
r3BEBS5PXFS0WFSMPPL
r-PPLJOH4PVUI
Interpretive Signs at East Summit
r3BEBS5PXFS4JHOT
r"SUJGBDUT.PVOUFEPO'SBNFT
r7JFXQPJOU-PPLJOH4PVUI
*OUFSQSFUJWF4JHOBU(VBEBMVQF$SFFL
0WFSMPPL
*OUFSQSFUJWF4JHOTBU)PVTJOH"SFB
r'MBHQPMF
r4XJNNJOH1PPM
&NCFEEFE0CKFDUT
r"MPOH1BUIXBZT
r*O3PDL4FBUJOH8BMMT
Leslie Stone Associates [LSA]RDG Restoration Design Group Team
1
3
2
Interpretive Signs
West Summit
East Summit
Lower Parking
Terrace
Trailhead
RadarTower
SOLID ROOF PICNIC
SHELTER WITH STONE
WALLS, ADA RAMP,
BENCHES, AND SEPARATE
EQUESTRIAN ACCESS TO
ROADWAY.
SIGN
RAMP
MO
U
N
T
U
M
U
N
H
U
M
TRAIL
VIEWPOINT WITH
STONE SEAT WALL
BAY TREE
VIEWING COVE
CEREMONIAL
SPACE
SUMMIT
STAIR
MO
U
N
T
U
M
U
N
H
U
M
ROAD
TOILET
BIORETENTION
TOILET
AGGREGATE
PATHWAYS
STONE CURB
AND RAILING
AGGREGATE
PATHWAYS
GATE
SIGN
Equestrian Terrace
EQUESTRIAN
CONNECTOR
TRAIL CONTINUES TO GUADALUPE
CREEK OVERLOOK AND BALD
MOUNTAIN PARKING AREA.
Mount Umunhum Trail
LANDING ZONE
(Paved Surface)
GATE
Radar Tower Interpretation
Free-standing interpretive
panels on industrial steel
frames located away from the
building. Military artifacts
from tower on display,
mounted on steel frames.
Signboard
Orientation for visitors
via parking lot
Signboard
Orientation for visitors
hiking on trail
Interpretive Signs
View towards
Radar Tower
Military site photos
Interpretive Signs on Staircase
Natural history
Discovery
Interpretive Signs
Midpen sites locator
Community thanks
Interpretive Signs
Amah Mutsun
Past + present
Embedded Objects
Interpretive tactile objects
in and around seat walls
Turnaround
ADA PARKING AND ACCESS,
LOADING AND SERVICE,
CONCRETE WALKWAYS,
BOLLARDS, AND CALL BOX
VIEWING COVES
WITH STONEWORK
Signboards Embedded Objects 0’120’60’
Interpretive Signs
View locator
Mt. Thayer, Mt. Um, Mt.
Hamilton, Mt Diablo
Restoration story
Interpretive Signs
Guadalupe Watershed
Views to Loma Prieta
(earthquake story)
Signboard
Orientation for visitors
after being dropped off
Interpretive Signs
Guadalupe Creek
Overlook: Watershed
and views
November 25, 2015
Mount Umunhum Summit Project
Interpretive Concept Plan
OPTION A
Leslie Stone Associates [LSA]RDG Restoration Design Group Team
1
3
2
Interpretive Signs
West Summit
East Summit
Lower Parking
Terrace
Trailhead
RadarTower
SOLID ROOF PICNIC
SHELTER WITH STONE
WALLS, ADA RAMP,
BENCHES, AND SEPARATE
EQUESTRIAN ACCESS TO
ROADWAY.
SIGN
RAMP
MO
U
N
T
U
M
U
N
H
U
M
TRAIL
VIEWPOINT WITH
STONE SEAT WALL
BAY TREE
VIEWING COVE
CEREMONIAL
SPACE
SUMMIT
STAIR
MO
U
N
T
U
M
U
N
H
U
M
ROAD
TOILET
BIORETENTION
TOILET
AGGREGATE
PATHWAYS
STONE CURB
AND RAILING
AGGREGATE
PATHWAYS
GATE
SIGN
Equestrian Terrace
EQUESTRIAN
CONNECTOR
TRAIL CONTINUES TO GUADALUPE
CREEK OVERLOOK AND BALD
MOUNTAIN PARKING AREA.
Mount Umunhum Trail
LANDING ZONE
(Paved Surface)
GATE
Radar Tower Interpretation
Free-standing interpretive
panels on industrial steel
frames located away from the
building. Military artifacts
from tower on display,
mounted on steel frames.
Signboard
Orientation for visitors
via parking lot
Signboard
Orientation for visitors
hiking on trail
Interpretive Signs
View towards
Radar Tower
Military site photos
Interpretive Signs on Staircase
Natural history
Discovery
Interpretive Signs
Midpen sites locator
Community thanks
Interpretive Signs
Amah Mutsun
Past + present
Embedded Objects
Interpretive tactile objects
in and around seat walls
Turnaround
ADA PARKING AND ACCESS,
LOADING AND SERVICE,
CONCRETE WALKWAYS,
BOLLARDS, AND CALL BOX
VIEWING COVES
WITH STONEWORK
Signboards Embedded Objects 0’120’60’
Signboard
Orientation for visitors
after being dropped off
Interpretive Signs
View locator
Mt. Thayer, Mt. Um, Mt.
Hamilton, Mt Diablo
Restoration story
Interpretive Signs
Swimming pool and
military family life at
housing site(s) and at
flag pole.
Welcome Sign
Welcome to the Summit
sign at flagpole
Interpretive Signs
Guadalupe Watershed
Views to Loma Prieta
(earthquake story)
Interpretive Signs
Guadalupe Creek
Overlook: Watershed
and views
November 25, 2015
Mount Umunhum Summit Project
Interpretive Concept Plan
OPTION B
Leslie Stone Associates [LSA]RDG Restoration Design Group Team
1
3
2
Interpretive Signs
West Summit
East Summit
Lower Parking
Terrace
Trailhead
RadarTower
SOLID ROOF PICNIC
SHELTER WITH STONE
WALLS, ADA RAMP,
BENCHES, AND SEPARATE
EQUESTRIAN ACCESS TO
ROADWAY.
SIGN
RAMP
MO
U
N
T
U
M
U
N
H
U
M
TRAIL
VIEWPOINT WITH
STONE SEAT WALL
BAY TREE
VIEWING COVE
CEREMONIAL
SPACE
SUMMIT
STAIR
MO
U
N
T
U
M
U
N
H
U
M
ROAD
TOILET
BIORETENTION
TOILET
AGGREGATE
PATHWAYS
STONE CURB
AND RAILING
AGGREGATE
PATHWAYS
GATE
SIGN
Equestrian Terrace
EQUESTRIAN
CONNECTOR
TRAIL CONTINUES TO GUADALUPE
CREEK OVERLOOK AND BALD
MOUNTAIN PARKING AREA.
Mount Umunhum Trail
LANDING ZONE
(Paved Surface)
GATE
Radar Tower Interpretation
Free-standing interpretive
panels on industrial steel
frames located away from the
building. Military artifacts
from tower on display,
mounted on steel frames.
Signboard
Orientation for visitors
via parking lot
Signboard
Orientation for visitors
hiking on trail
Interpretive Signs
View towards
Radar Tower
Military site photos
Interpretive Signs
Views of McQueens
Ridge and Doppler
Restoration story
Interpretive Signs on Staircase
Natural history
Discovery
Interpretive Signs
Midpen sites locator
Community thanks
Interpretive Signs
Amah Mutsun
Past + present
Embedded Objects
Interpretive tactile objects
in and around seat walls
Turnaround
ADA PARKING AND ACCESS,
LOADING AND SERVICE,
CONCRETE WALKWAYS,
BOLLARDS, AND CALL BOX
VIEWING COVES
WITH STONEWORK
Signboards Embedded Objects 0’120’60’
Signboard
Orientation for visitors
after being dropped off
Interpretive Signs
View locator
Mt. Thayer, Mt. Um, Mt.
Hamilton, Mt Diablo
Restoration story
Interpretive Signs
Swimming pool and
military family life at
housing site(s) and at
flag pole.
Interpretive Signs
Guadalupe Creek
Overlook: Watershed
and views
Welcome Sign
Welcome to the Summit
sign at flagpole
Interpretive Signs
Guadalupe Watershed
Views to Loma Prieta
(earthquake story)
November 25, 2015
Mount Umunhum Summit Project
Interpretive Concept Plan
OPTION C
Leslie Stone Associates [LSA]RDG Restoration Design Group Team
Board Meeting 15-29
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mountain View Community Center, Room 2
201 S. Rengstorff Avenue, Mountain View, CA
Tuesday, November 17, 2015
DRAFT MINUTES
SPECIAL MEETING
CALL TO ORDER
President Siemens called the special meeting of the Midpeninsula Regional Open Space District
to order at 9:40 a.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Senior Management Analyst Lisa Tulee, Administrative
Services Manager Kate Drayson, Planning Manager Jane Mark, Real
Property Manager Mike Williams, Natural Resources Manager Kirk
Lenington, Public Affairs Manager Shelly Lewis, Operations Manager
Michael Newburn, Human Resources Supervisor Candice Basnight,
Senior Planner Tina Hugg, District Clerk Jennifer Woodworth
ORAL COMMUNICATIONS
No speakers present.
BOARD BUSINESS
Review and Discussion of Priority Focus Areas for Fiscal Year 2016-17 Action Plan (R-15-
161)
Meeting 15-29 Page 2
General Manager Abbors provided opening comments summarizing the agenda topics for the
retreat and the goal to keep the Board informed on progress related to current District projects
and recommended projects for the coming year. Mr. Abbors also explained current constraints on
District workload and District staff including implementation of a new business model as
informed by the Financial and Operational Sustainability Model.
Director Riffle suggested inclusion of being responsive to our constituents as one of the
goals/objectives in the Strategic Plan (Success Criteria)
Director Kishimoto provided comments regarding her appreciation that the Board be given the
opportunity to suggest possible projects for inclusion in the next fiscal year’s Action Plan.
Assistant General Manager Kevin Woodhouse described projects included in implementation of
the new business model, which have been completed or are underway and continuing into
FY2016-17, including issuing the first tranche of Measure AA bonds, new positions and
accompanying recruitments, and District-wide Capital Program Tracking System
Assistant General Manager Ana Ruiz summarized projects associated with opening the Bear
Creek Redwoods Open Space Preserve to the public. Ms. Ruiz described projects to be
completed before the end of the current fiscal year and proposed for FY2016-17, including
approval of the Environmental Impact Report and Preserve Plan, building a new parking lot, and
numerous water system improvements.
Director Harris suggested the Board look at a policy related to cost recovery for its programs in
the future.
Director Cyr stated that this type of policy is also related to the larger discussion related to the
intensity of use for District preserves.
Ms. Ruiz described the ongoing and proposed projects associated with opening Mount
Umunhum Summit to the public, including extensive public input, completion of the Bald
Mountain parking area, completion of the Mt. Umunhum Trail, and construction of summit
improvements.
Ms. Ruiz provided an update regarding the opening of La Honda Open Space Preserve.
Completed projects and proposed projects include repairs to ranch roads, improved grazing
operation and management practices leading to a higher quality grassland habitat, proposed
parking off Sears Ranch Road, and evaluation of the Driscoll Event Center as a potential Coastal
Field Office.
Mr. Woodhouse discussed other Measure AA projects and projects driven by the implementation
of the Strategic Plan and the District’s mission, which are currently underway or recommended
for FY2016-17.
Director Riffle commented on the nice balance between internal organizational work and
opening of District preserves.
Director Harris commented on the current accelerated pace of the organization and inquired if
the pace is sustainable or should potentially be slowed.
Meeting 15-29 Page 3
Director Hanko expressed her concerns regarding several ongoing projects in Santa Clara
County, but a disproportionate number of projects in San Mateo County.
Members of the Board made suggestions for individual projects to discuss during the afternoon
portion of the meeting.
Director Riffle suggested that some District projects may be best implemented by partners.
The Board recessed at 12:09 p.m. and reconvened at 12:48 with all directors present.
Ms. Ruiz described the list of potential Action Plan projects proposed for FY2016-17 explaining
the list will likely be shortened based on staff capacity and other District resources.
Mr. Woodhouse provided additional information regarding Coal Creek and the reopening of
Alpine Road. Ms. Ruiz described several of the complexities of this project, including
negotiations with San Mateo County who owns the road.
The members of the Board discussed the project and the costs associated with negotiating a
memorandum of understanding and road repairs. The Board directed staff to begin discussions
with San Mateo County to develop a timeline for the project for possible inclusion in the
FY2016-17 Action Plan, including conditions under which the District would accept Alpine
Road and preliminary scoping the required repairs.
Director Hanko suggested working with the La Honda community regarding continuing projects
and trails in the La Honda Open Space Preserve to update them on progress of the preserve plan.
Director Hassett expressed his concern that La Honda OSP has been delayed due to issues that
have arisen related to Bear Creek Redwoods OSP.
Ms. Ruiz stated La Honda projects can be prioritized for the FY2016-17 Action Plan to prevent
further delays in La Honda projects. Additionally, the Red Barn schedule will be looked at again
as part of the FY2015-16 midyear budget.
Ms. Ruiz explained several of the complexities related to opening El Sereno to dog access,
especially the lack of parking and dog access on San Jose Water Company land.
Planning Manager Jane Mark suggested staff will contact San Jose Water Company regarding
dog access on their property. Ms. Ruiz confirmed the El Sereno dog access project will remain
on the list for the FY 2016-17 Action Plan.
Natural Resources Manager Kirk Lenington provided an update on the Stevens Creek fish
passage project including additional funding for the Guadalupe Coyote Creek Resource
Conservation District to manage the project.
The Board directed staff to continue work with the Resource Conservation District and Santa
Clara Valley Water District to pursue the Stevens Creek fish passage. Staff will report on the
project’s progress later in FY2015-16, and the Board may later decide to direct staff to take a
larger leadership role in the project.
Meeting 15-29 Page 4
Director Harris inquired regarding proposed projects at Madonna Creek.
Real Property Manager Mike Williams explained that the current tenant at Madonna Creek
requested and will be funding the stable expansion project. Mr. Lenington explained that the
agricultural plan is assist with fish passage.
Director Riffle suggested the District should pursue additional partnerships where possible.
Mr. Woodhouse suggested partnership opportunities can be identified in future Action Plans.
Mr. Abbors provided closing comments summarizing District focus for the coming fiscal year
and thanks staff and the members of the Board for their work and comments.
Director Siemens thanked staff for the materials provided and the effort staff put into creating
them.
ADJOURNMENT
President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 2:56 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk
CLAIMS REPORT
MEETING 15‐31
DATE 12‐09‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name
Invoice Description
Check Date Payment
Amount
70876 **11539 ‐ BELZ CONSTRUCTION Alpine Rental House Repairs ‐ WH 11/25/2015 136,637.55$
70961 11500 ‐ POPULOUS, INC.Bear Creek Redwoods Preserve Plan 12/02/2015 48,153.58$
70954 11462 ‐ MANAGEMENT PARTNERS FOSM ‐ Proj Mgmt, Transition Plng, Proj Delivery, Class/Comp, Recruit (Aug‐ Nov) 12/02/2015 46,233.25$
70842 11369 ‐ BANK OF THE WEST COMMERCIAL CARD USA $492.18 First Aid Supplies ‐ SFO 11/16/2015 45,138.87$
$119.99 Managers' Training Forum, District vehicle wash 11/16/2015
$2,911.85 Temp. Ranger residence rental pending house repair, Office Supplies 11/16/2015
$177.00 Invasive Weed Symposium 11/16/2015
$86.68 Two Windshield Covers 11/16/2015
$311.58 Conference Expenses ‐ Calif Public Employer Labor Relations (CALPERLA)11/16/2015
$1,886.90 Tools, Safety Equip., Traffic Speed Hump 11/16/2015
$1,173.63 AO Office Supplies, Paint, Water Filters, Equipment Service 11/16/2015
$326.47 Website Hosting Services/Expenses (Mailchimp/Wufoo)11/16/2015
$3,671.26 Notary supplies, water delivery for TOTO, PG&E bill 11/16/2015
$999.27 Legal fees, Electric Range for rental residence repairs 11/16/2015
$44.58 Office supplies‐laser pointer; Sun visor 11/16/2015
$130.28 Volunteer Supplies, Conf Registration Central CA Invasive Weed Sympo 11/16/2015
$858.65 Saratoga Chamber Membership, Event Supplies, Name Tags 11/16/2015
$76.21 Gate Supplies 11/16/2015
$278.47 CEQA training fees, food for Ridge Event, Permit for MB 11/16/2015
$8,582.50 Santa Clara County Forum / Two plotters 11/16/2015
$904.31 CA Rural Water Assn. Membership, Weed Symposium, Hardware 11/16/2015
$145.90 AO Spam filtering / HR faxline 11/16/2015
$6120.62 SC County Permits for Mt Um bridges (SAU), Autodesk Software, Office Supplies 11/16/2015
(‐234.17) Mt.Um fencing ($30.83) , refund of IRWA fees (‐$265)11/16/2015
$88.27 Vehicle Template Ford truck, District vehicle wash, Radio Supplies 11/16/2015
$512.89 Staff Media Training refreshments for 2 sessions 11/16/2015
$94.26 Legislative Affairs Interview Panel Lunch 11/16/2015
$2.71 Electrical Hardware 11/16/2015
$1,000.00 Trails & Greenways Conference Sponsorship 11/16/2015
$905.14 Emergency Preparedness Supplies FFO/SAO 11/16/2015
$1710.58 Staff recognition event, ergonomics, recruitment posting 11/16/2015
$141.35 Storage Box ‐ SAO 11/16/2015
$1861.20 OSHA training, Red Cross training & certs, HR training, surveys 11/16/2015
$237.00 California Invasive Weed Synopsium/Pesticide Regulation training 11/16/2015
$69.00 CSDA Webinar‐AB1825 11/16/2015
$913.45 Batteries, Board Retreat Lunch, Wifi, PNR Committee Food 11/16/2015
$2 926.08 Computer equipment/conference phones/AO internet service 11/16/2015
$5,171.24 Staff Recog. Catering, Recruiting Expenses 11/16/2015
$250.81 PARMA Feb 2016 Conference Hotel Deposit 11/16/2015
($717.13) Docent training supplies, refund rental deposit, online schedule 11/16/2015
$136.38 ICMA Confrence Reimbursements, food for 10/13/15 workshop 11/16/2015
$551.17 ‐ Board Meal, Notary Bond, MMANC Conf. Expenses 11/16/2015
$220.31 Operations Retreat lunch expenses 11/16/2015
70945 10509 ‐ GEOCON CONSULTANTS INC Driscoll site dump removal ‐ LHC 12/02/2015 39,067.30$
70898 11588 ‐ RONALD SEEVER Mindego Hill Grazing Infrastructure ‐ Gate/Fence installation ‐ RR 11/25/2015 33,330.00$
70921 *11152 ‐ WELLINGTON PARK INVESTORS AO2/AO3 Rent ‐ December 12/01/2015 14,089.00$
70896 10094 ‐ RESTORATION DESIGN GROUP Mt Um Summit Area Design ‐ SA 11/25/2015 14,015.70$
70862 11230 ‐ SANTA CLARA COUNTY‐C/O UNITED ADMINISTRATIVE SERV Dental Insurance ‐ Group #1766‐0006 11/18/2015 12,331.44$
page 1 of 4
CLAIMS REPORT
MEETING 15‐31
DATE 12‐09‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name
Invoice Description
Check Date Payment
Amount
70970 11432 ‐ SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Slender false brome treatment 12/02/2015 10,338.79$
70923 10702 ‐ BARBARA S BERGMAN TRUST Quarterly Interest Payment ‐ Nov 2015 12/01/2015 8,500.00$
70908 10307 ‐ THE SIGN SHOP Windy Hill Front Gate Entrance Sign 11/25/2015 8,281.88$
70931 11170 ‐ ALEXANDER ATKINS DESIGN, INC.Design Services, Computer Production of the Annual Report, 2014‐2015 12/02/2015 7,545.00$
70855 10925 ‐ PAPE` MACHINERY Repairs to John Deere 6330 Tractor 11/18/2015 7,175.37$
70894 *10180 ‐ PG & E Electricity/gas 11/15 11/25/2015 7,019.19$
70897 11552 ‐ ROBERT HALF TECHNOLOGY Temporary IT Staffing 11/25/2015 6,844.80$
70874 10406 ‐ BAY AREA ASPHALT & CEMENT WORK Asphalt Crack‐Sealing (RSA)11/25/2015 5,976.00$
70912 11582 ‐ WELENCO Holmes Well Rehabiliation ‐ BCR 11/25/2015 4,500.00$
70873 10010 ‐ ARRANGED4COMFORT Ergonomic Supplies 11/25/2015 3,908.40$
70968 11552 ‐ ROBERT HALF TECHNOLOGY Temporary IT Staffing 12/02/2015 3,743.25$
70933 10010 ‐ ARRANGED4COMFORT Ergonomic Equipment 12/02/2015 3,742.36$
70869 10978 ‐ VOLLMAR NATURAL LANDS CONSULTING, LLC Wetland delineation ‐ required by regulatory agency ‐ LHC 11/18/2015 3,687.20$
70957 10076 ‐ OFFICE TEAM Temporary Office Assistant ‐ SFO and Planning 12/02/2015 3,686.80$
70885 10540 ‐ CRAFTSMEN PRINTING Printing of Purisima maps 11/25/2015 3,565.91$
70909 10069 ‐ THE WILFRED JARVIS INSTITUTE Leadership and organizational effectiveness consulting 11/25/2015 3,275.00$
70860 11006 ‐ SAN MATEO COUNTY MOSQUITO & VECTOR CONTROL DIST Vector Control 7/2015 to 6/2016 11/18/2015 3,236.49$
70902 10102 ‐ SHUTE, MIHALY & WEINBERGER LLP Legal services ‐ CEQA Review for Ravenswood Bay Trail 11/25/2015 3,124.00$
70853 11572 ‐ MESITI‐MILLER ENGINEERING INC.El Sereno Structure assessment ‐ ES 11/18/2015 3,112.80$
70851 10889 ‐ GROSSMANN DESIGN GROUP Mt. Um tower repair ‐ construction admin 11/18/2015 2,850.00$
70962 11519 ‐ PRICE, POSTEL & PARMA LLP Legal services for Mt.Um Road access 12/02/2015 2,624.50$
70866 10146 ‐ TIRES ON THE GO Flat repair/replacement tires 11/18/2015 2,470.00$
70859 *10136 ‐ SAN JOSE WATER COMPANY Water Service (RSACP)11/18/2015 2,343.48$
70926 *10211 ‐ PUBLIC POLICY ADVOCATES Legislative Advocacy Services 12/01/2015 2,333.34$
70899 11479 ‐ ROOTID Website Maintenance & Development 11/25/2015 2,241.00$
70864 10959 ‐ STATE WATER RESOURCES CONTROL BOARD Annual Fee for Routine Maintenance 11/18/2015 2,088.00$
70907 *10583 ‐ TELEPACIFIC COMMUNICATIONS District Phone Service and SAO Internet 11/25/2015 2,012.04$
70870 10306 ‐ WEST TEK SUPPLY INC Erosion control materials for Mt.Um Summit ‐ SA 11/18/2015 1,968.29$
70890 10076 ‐ OFFICE TEAM Temporary Office Assistant ‐ SFO and Planning 11/25/2015 1,927.47$
70846 10540 ‐ CRAFTSMEN PRINTING Printing of Windy Hill maps 11/18/2015 1,874.85$
70916 *10032 ‐ DEL REY BUILDING MAINTENANCE November Services 12/01/2015 1,815.00$
70868 11190 ‐ VALLEY TREE CARE Tree Removal (SAO)11/18/2015 1,750.00$
70884 11171 ‐ COMMUNICATION ADVANTAGE Consulting Services: October 2015 & lodging 11/25/2015 1,744.86$
70925 10212 ‐ PINNACLE TOWERS INC Communications tower rental ‐ Crown site id 871823 12/01/2015 1,600.20$
70975 10403 ‐ UNITED SITE SERVICES INC Sanitation Services (RSACP/FOOSP/SA)12/02/2015 1,371.98$
70865 10152 ‐ TADCO SUPPLY Janitorial Supplies (RSA&CP)11/18/2015 1,242.50$
70845 10843 ‐ CITY OF LOS ALTOS AO SEWER SERVICE CHARGE INSTALLMENT 1+2 11/18/2015 1,177.36$
70956 10160 ‐ OFFICE DEPOT CREDIT PLAN Office supplies / Copy paper 12/02/2015 1,096.48$
70861 11008 ‐ SANTA CLARA COUNTY VECTOR CONTROL DISTRICT SC CO Vector Control 7‐2015 to 6‐2016 11/18/2015 1,079.78$
70877 10363 ‐ BOARD OF EQUALIZATION Water Rights fees ‐ State Water Resouces Control Board 11/25/2015 1,058.07$
70849 11195 ‐ GOODYEAR AUTO SERVICE CENTER P97 New Tires 11/18/2015 988.55$
70939 11354 ‐ ENVIRONMENTAL SCIENCE ASSOCIATES Stevens Creek trail bridges CEQA 12/02/2015 987.50$
70972 10585 ‐ SOL'S MOBILE AUTO & TRUCK REPAIR, INC.Vehicle Inspection M37/T25/M04/M23/WT01/M31 12/02/2015 834.14$
70893 11144 ‐ PENINSULA MOTOR SPORTS All Terrain Vehicle Service 11/25/2015 819.39$
70871 10001 ‐ AARON'S SEPTIC TANK SERVICE Restroom Vault Pumping 11/25/2015 800.00$
70889 10187 ‐ GARDENLAND POWER EQUIPMENT P85 Pumper Repair 11/25/2015 759.60$
70892 11063 ‐ PAT O'BRIEN Exec Svcs for August‐October 2015 11/25/2015 675.00$
70950 11106 ‐ INTELLI‐TECH AO‐IT ALARM SERVICE/SEMI ANNUAL CHG 12/02/2015 643.00$
70941 11494 ‐ FURNISS, CHRIS Tuition Reimbursement 12/02/2015 615.00$
page 2 of 4
CLAIMS REPORT
MEETING 15‐31
DATE 12‐09‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name
Invoice Description
Check Date Payment
Amount
70953 10189 ‐ LIFE ASSIST First Aid Supplies 12/02/2015 609.86$
70850 *11551 ‐ GREEN TEAM OF SAN JOSE Garbage Service (FFO)11/18/2015 597.54$
70900 10175 ‐ RV CLOUD COMPANY Sewer Line Parts (SAO)11/25/2015 588.98$
70903 11132 ‐ SMITH BROS. ELECTRIC CO., INC.Electrical work at INE Ranch ‐ MB 11/25/2015 575.00$
70938 11591 ‐ COAST WIDE UTILITY LOCATORS Utility locating at rental residence 12/02/2015 540.00$
70852 11376 ‐ LAND TRUST OF SANTA CRUZ COUNTY Hwy 17 ‐ Wildlife connectivity study 11/18/2015 535.00$
70948 11492 ‐ HAWK DESIGN & CONSULTING Permit fee reimbursement for Silva remodel ‐ RR 12/02/2015 528.49$
70920 *10084 ‐ PETE SIEMENS October/November Director meetings 12/01/2015 500.00$
70922 *10118 ‐ YORIKO KISHIMOTO October/November Director meetings 12/01/2015 500.00$
70977 0 ‐ AMERICAN LEAK DETECTION Rogers property leak detection ‐ MB 12/02/2015 495.00$
70958 11144 ‐ PENINSULA MOTOR SPORTS All Terrain Vehicle5 Service 12/02/2015 484.30$
70895 10194 ‐ REED & GRAHAM INC Sears Ranch Road Upgrades ‐LH 11/25/2015 463.00$
70937 10352 ‐ CMK AUTOMOTIVE INC M24 Repair 12/02/2015 453.17$
70875 10828 ‐ BAY CITIES AUTOMATIC GATES Gate Repairs‐PC & CM 11/25/2015 450.00$
70963 10265 ‐ PRIORITY 1 Remove equip. from retired vehicle 12/02/2015 450.00$
70880 10323 ‐ CARPENTER RIGGING OF SAN JOSE Chains 11/25/2015 445.50$
70844 *10454 ‐ CALIFORNIA WATER SERVICE CO‐949 Water Service (FFO)11/18/2015 438.91$
70914 *10018 ‐ CECILY HARRIS October/November Director meetings 12/01/2015 400.00$
70915 *10029 ‐ CURT RIFFLE October/November Director meetings 12/01/2015 400.00$
70917 *10050 ‐ JED CYR October/November Director meetings 12/01/2015 400.00$
70918 *10057 ‐ LARRY HASSETT October/November Director meetings 12/01/2015 400.00$
70919 *10072 ‐ NONETTE HANKO October/November Director meetings 12/01/2015 400.00$
70947 10423 ‐ HARRINGTON INDUSTRIAL PLASTICS Water Filter for Residence 12/02/2015 398.29$
70887 10038 ‐ ERGO VERA Ergonomic Evaluation 11/25/2015 389.40$
70949 10043 ‐ HOWARD ROME MARTIN & RIDLEY LLP Legal services ‐ Mahronich vs Presentation Center ‐ BCR 12/02/2015 371.95$
70965 10935 ‐ RICE TRUCKING‐SOIL FARM Water delivery at TOTO Ranch 12/02/2015 367.00$
70906 10302 ‐ STEVENS CREEK QUARRY INC Rock for Saratoga Gap & Grizzly Flat 11/25/2015 353.64$
70879 10723 ‐ CALLANDER ASSOCIATES Ravenswood Bay Trail Link Concept Study Plan 11/25/2015 335.45$
70882 10352 ‐ CMK AUTOMOTIVE INC M35 Door Handle Repair/P98 Service 11/25/2015 334.47$
70878 **10172 ‐ CALIFORNIA WATER SERVICE CO‐3525 Water Meter‐ WH 11/25/2015 333.61$
70857 10093 ‐ RENE HARDOY 10/15 Gardening services 11/18/2015 325.00$
70904 10954 ‐ SOUTH BAY REGIONAL PUBLIC SAFETY Radar Training for 3 Rangers 11/25/2015 315.00$
70966 10324 ‐ RICH VOSS TRUCKING INC Road & Trail Repair ‐ SG & LR 12/02/2015 295.50$
70952 10058 ‐ LIEBERT CASSIDY WHITMORE Legal Assistance on Personnel Matter 12/02/2015 291.50$
70973 10152 ‐ TADCO SUPPLY Janitorial Supplies 12/02/2015 288.86$
70932 11322 ‐ AMERMEX UPGRADES Mechanical timer for parking lot lights 12/02/2015 285.00$
70934 10328 ‐ BRUSH ROAD CORPORATION Annual Dues Road Maintenance (BCR)12/02/2015 280.00$
70959 *10180 ‐ PG & E Electricity/gas 11/15 12/02/2015 254.03$
70955 10190 ‐ METROMOBILE COMMUNICATIONS Remove radio from retired vehicle 12/02/2015 250.00$
70863 10349 ‐ SHELTON ROOFING COMPANY INC AO ROOF REPAIR 11/18/2015 232.00$
70940 10186 ‐ FEDERAL EXPRESS Shipping charges 12/02/2015 231.38$
70946 *10173 ‐ GREEN WASTE Garbage & Recycling SFO 12/02/2015 223.40$
70935 *10454 ‐ CALIFORNIA WATER SERVICE CO‐949 AO WATER 12/02/2015 218.58$
70858 10151 ‐ SAFETY KLEEN SYSTEMS INC Solvent Tank Service (FFO)11/18/2015 216.40$
70913 11176 ‐ ZORO TOOLS Line levels for trail work/Water System Controller MB 11/25/2015 207.47$
70901 10349 ‐ SHELTON ROOFING COMPANY INC Roof Repairs‐SFO 11/25/2015 183.00$
70888 10168 ‐ G & K SERVICES INC Shop Towel Service (FFO & SFO)11/25/2015 151.61$
70883 10021 ‐ COASTAL CHIMNEY SWEEP Chimney cleaning for Rogers property ‐ MB 11/25/2015 150.00$
70911 11037 ‐ US HEALTHWORKS MEDICAL GROUP PC Employee DOT physical 11/25/2015 139.00$
page 3 of 4
CLAIMS REPORT
MEETING 15‐31
DATE 12‐09‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name
Invoice Description
Check Date Payment
Amount
70942 10187 ‐ GARDENLAND POWER EQUIPMENT Equipment Parts/Chain Sharpening 12/02/2015 134.83$
70847 10867 ‐ CUZICK, ELAINA Cell phone July‐Sep 2015/Mileage reimburs 11/18/2015 130.15$
70854 *10664 ‐ MISSION TRAIL WASTE SYSTEMS AO Garbage 11/18/2015 123.59$
70886 10032 ‐ DEL REY BUILDING MAINTENANCE AO JANITORIAL SUPPLIES 11/25/2015 116.50$
70960 10140 ‐ PINE CONE LUMBER CO INC Hardware & Supplies 12/02/2015 115.88$
70936 10496 ‐ CHUNG, JEAN Notary exam fee and filing fee 12/02/2015 109.00$
70976 11267 ‐ WOODHOUSE, KEVIN Mileage Reimbursement 12/02/2015 108.10$
70930 10593 ‐ ALAMO LIGHTING AO LIGHT BULBS / KITCHEN 12/02/2015 97.98$
70910 10561 ‐ ULINE Safety Glasses 11/25/2015 91.04$
70951 10899 ‐ JAVELCO EQUIPMENT SERVICE, INC Equipment Repair 12/02/2015 90.00$
70971 11559 ‐ SIFUENTES‐WINTER, JONATHAN Mileage Reimbursement 12/02/2015 89.76$
70872 10294 ‐ AMERIGAS‐SAN JOSE Propane Tank Rental‐LH 11/25/2015 86.11$
70881 10014 ‐ CCOI GATE & FENCE Gate Repair (SAO)11/25/2015 85.00$
70964 10228 ‐ RHF INC Repair radar unit 12/02/2015 81.00$
70891 10481 ‐ PACIFIC TELEMANAGEMENT SERVICE Black Mountain pay phone MB 11/25/2015 78.00$
70974 10162 ‐ TERMINIX PROCESSING CENTER AO‐FACILITY PEST CONTROL 12/02/2015 77.00$
70944 10317 ‐ GEMPLER'S INC Litter pick up tools 12/02/2015 69.70$
70969 11429 ‐ SAN MATEO COUNTY PARKS DEPARTMENT Printing maps 12/02/2015 63.25$
70943 10548 ‐ GARTSIDE, ELLEN Mileage Reimbursement 12/02/2015 59.80$
70967 *11426 ‐ RIDGE WIRELESS INC.FFO Internet service 12/02/2015 50.00$
70905 10157 ‐ STAPLES CREDIT PLAN Office Supplies 11/25/2015 42.25$
70848 11210 ‐ DATA SAFE AO SHREDDING SERVICE 11/18/2015 40.00$
70843 10183 ‐ BARRON PARK SUPPLY CO INC Plumbing Supplies (RSACP)11/18/2015 32.90$
70856 10134 ‐ RAYNE OF SAN JOSE Water Service (FOOSP)11/18/2015 26.25$
70867 10165 ‐ UPS Shipping charges 11/18/2015 23.88$
GRAND TOTAL 556,149.57$
*Annual Claims
**Hawthorn Expenses
BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA = Sierra Azul WH = Windy Hill
ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space
ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office
FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office
FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost
RR/MIN = Russian Ridge ‐ Mindego Hill OSP = Open Space Preserve
page 4 of 4
R-15-169
Meeting 15-31
December 9, 2015
AGENDA ITEM 3
AGENDA ITEM
Communication Site Lease at Pulgas Ridge Open Space Preserve
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommend action is categorically exempt from the California
Environmental Quality Act, as set forth in the staff report.
2. Adopt a Resolution authorizing the approval of a Communication Site Lease at Pulgas Ridge
Open Space Preserve with GTE Mobilnet of California Limited Partnership, d/b/a Verizon
Wireless.
SUMMARY
The District has an opportunity to lease a vacant cellular space at the District’s Pulgas Ridge
Cellular Site near the PG&E tower above the park and ride lot at Edgewood Road and Highway
280 within Pulgas Ridge Open Space Preserve. Under the proposed lease, a Verizon Wireless
(“Verizon”) would pay rent in the amount of $50,400 for the first year with 4% annual increases
thereafter.
DISCUSSION (see attached map)
The District’s Pulgas Ridge Cellular site provides excellent exposure to a rural section of
Highway 280. The District controls and leases space under a high voltage PG&E tower for
cellular equipment and cabinets. The cellular antennas are located on the PG&E tower under a
separate agreement with PG&E. Several other major cellular carriers, including AT&T and
Sprint also lease space from the District at this site. In early 2015, Nextel vacated and restored
the site that they had leased from the District. With Nextel leaving, the District has an
opportunity to re-lease the space. In January 2015, the District issued a Request for Proposals
for the Pulgas Ridge Cellular Site, and Verizon was the only company that submitted a proposal.
Over the past eight months, Verizon and the District have negotiated the terms of a lease
agreement as described below.
TERMS AND CONDITIONS
Under the proposed lease, Verizon would construct a new 17’- 4’’ x 13’- 4’’ equipment pad that
would be set 4 feet below grade with a three foot redwood fence surrounding the pad to prevent
the equipment from being visible. The proposed lease terms are outlined below:
R-15-169 Page 2
1. The initial lease term would be 10 years with three 5-year options to extend for a total term
not to exceed 25 years.
2. Up to 250 square feet of leased premises.
3. First annual rent payment of $50,400 with 4% annual increases thereafter. The rent
commencement date shall begin when Verizon commences the installation of equipment on
the premises.
4. Verizon would be responsible for all maintenance and repair to the premises.
5. Verizon would be responsible for restoring the lease area at the end of the lease.
FISCAL IMPACT
The District would receive $605,108 in rent payments over the initial 10 year lease term.
BOARD COMMITTEE REVIEW
This item did not go before a Board Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
The District concludes that this project would not have a significant effect on the environment.
It is categorically exempt from the California Environmental Quality Act (CEQA) under Article
19, Sections 15302 Class 2(c) of the CEQA Guidelines as follows:
Section 15302 Class 2 exempts the replacement or reconstruction of existing structures where the
new structure will be located on the same site as the structure to be replaced and will have
substantially the same purpose and capacity as the structure replaced, including but not limited
to: (c) replacement or reconstruction of existing utility systems and /or facilities involving
negligible or no expansion of capacity.
NEXT STEPS
If approved by the Board, the Lease would be fully executed and Verizon would prepare to
install their improvements.
Attachment: Site Map
Responsible Department Head:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Senior Real Property Agent, Real Property Department
Mi d p en in su la Re g io na lOpen S p ac e Di st r ic t
E x h i b i t B: Ve ri z o n L ea s e S it e
No vember, 2015
Path: G:\Projects\Pulgas_Ridge\Cellular_Site\VerizonLeaseSite_ExhibitB.mxd
Created By: jhawk
0 10050FeetI
(M RO S D )No n M R O SD C o n serv at i o n or A g ri c ult ur al E asem ent
MR O SD C on serv at i o nor A g ri c ult ur al E asem ent
MR O SD Pr ese rves
While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geographic featur es.
Wat er shed L an d
£¤280
Premises:17'4" x 13'4"
Pulgas Ridge Open Space Preserve
Edgewoo d Park &Natural Preserve
Ot her Pr o t ect ed O p en S p ac eor Pa rk La nds
E d g e w o o d R o a dAccess R oad
30'
J
J
R-15-158
Meeting 15-31
December 9, 2015
AGENDA ITEM 4
AGENDA ITEM
Annual Dedication of Certain District Lands and Dedication Status Report
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution dedicating interests in certain specified District lands for public open space
purposes.
SUMMARY
Once each year, the Midpeninsula Regional Open Space District (District) selects certain
properties and interests in land for dedication. Dedicated properties are, in effect, permanently
protected. By so doing, the District voluntarily eliminates its ability to sell or otherwise convey
those properties without voter consent, except under very narrow circumstances. These narrow
statutory exceptions permit exchanges of dedicated land of equal or greater open space value not
exceeding 40 acres in a calendar year and the transfer of land to another government agency
upon the condition that the land continues to be protected as open space in perpetuity. Of the
62,930.56 acres preserved by the District, 1919.55 acres include property rights such as leases
and management agreements that prevent these lands from being dedicated, leaving
61,011.01acres of marketable interests in land. Of the marketable interests, 40,709.75 acres
(66.7%) are dedicated and 20,301.26 acres (33.3%) are undedicated. If the Board of Directors
(Board) adopts the attached recommended resolution to dedicate 471.55 additional acres as
further discussed in this report, 41,181.30 acres (67.5%) of marketable acres will be dedicated
and 19,829.71 acres (32.5%) will remain undedicated.
DISCUSSION
The distinction between dedicated and undedicated District land is best understood in the context
of the District’s enabling legislation, Public Resources Code Section 5540, which provides in
part that “A district may not validly convey any interest in real property actually dedicated and
used for park or open space, or both, purposes without the consent of a majority of voters…”
Since the District’s formation, the Board has, by adopted policy, dedicated lands on an annual
basis for open space purposes, after receipt of an evaluation of the suitability of the lands for
dedication at that time. Retaining certain lands in undedicated status affords maximum
flexibility to proactively preserve threatened open space resources, negotiate real estate
transactions, resolve encroachments and boundary disputes, undertake preserve planning, and
enter into funding partnerships. In this way, the District retains its ability to acquire land and
assemble open space preserves in a manner that best serves the public.
R-15-158 Page 2
Per the Dedicated Lands Policy, the Board receives an Annual Report each year indicating the
status of District lands as dedicated or undedicated. Formal dedications are made by the Board
based on the recommendations put forth in the Annual Report. During the year, the Board’s use
and management planning process for each specific parcel or preserve includes a determination
on whether to indicate an intention to dedicate certain interests in land, such as fee title or
easements. Although a motion of intent to dedicate might be adopted when the Preliminary Use
and Management Plan for a new land purchase is approved, this does not mean that the property
would necessarily be dedicated the following December, because it is often prudent to wait until
the Use and Management Plan for the entire Preserve is adopted or reviewed. Another factor to
consider is whether a partner granting agency, such as the California Coastal Conservancy, has
required the District to dedicate a grant-funded property as a condition of a grant.
Dedication Status Summary
The Dedication Status Summary Report (Attachment 1) gives a detailed summary of the current
acres held within District preserves and the dedication status of those lands. Only those parcels
for which (1) transactions have closed escrow and (2) title has passed to the District on or before
December 1, 2015 are included in the acreage totals. The interests in land that the District holds,
i.e., fee title, easement, or other (lease, management agreement, etc), are listed for each category.
Rights of first refusal and/or reversions to the District are not included. The tables below
provide compiled summaries of the District’s interests and their dedication status.
Land Interests of District Acres
Fee Title Interests 57,726.13
Lesser Interests 5,204.43
Total District Interests 62,930.56
Lands with lesser interest that prevent dedication -1919.55
Total acres of lands with marketable interests 61,011.01
Dedication status of lands with marketable interests % Acres
Dedicated lands 66.7 40,709.75
Undedicated lands 33.3 20,301.26
Total acres of lands with marketable interests 100.0 61,011.01
The last annual Dedication Report was presented to the Board in February 2014 (R14-24). The
table below reports total lands acquired in 2014 and 2015.
Year Acres Interest
Type
Appraised
Value
District
Expenditure
Partner funds,
grants or gifts
2014 148.21 Fee $3,605,000.00 $3,600,000.00 $5,000.00
2015 647.27 Fee1 $12,895,000.00 $10,287,500.00 $2,607,500.00
2015 393.20 Easement 2 $2,950,000.00 $2,500,000.00 $450,000.00
Total 1,188.70 $19,450,000.00 16,387,500.00 $3,062,500.00
1The fee interest acquisitions included the purchase of two properties formerly operated by the District
under Lease and Management Agreements (POST Apple Orchard/Event Center in La Honda Open
Space Preserve (OSP) and POST Hendrys Creek in Sierra Azul OSP).
2The easement interests included the POST (Alpine Ranch) and Ridge Vineyards conservation
easements and the Lehigh Quarry - Monte Bello OSP trail easement.
R-15-158 Page 3
Recommended Dedications (see Attachment 3 for maps)
The recommended dedications are a result of staff’s site-specific analysis of issues, such as
planning status, use, appropriate preserve boundary configuration, access, and other relevant
factors. As a result of this analysis, staff has concluded that it is appropriate to dedicate the
following lands:
Monte Bello Open Space Preserve (OSP)
Lysons Property: In 2015, the District purchased the 60-acre Sargent Lysons Family Trust
property as an addition to the Monte Bello OSP. This transaction completed the assemblage
of property needed to connect Lower Stevens Creek County Park to Upper Stevens Creek
County Park through Monte Bello OSP, provide a connection from Picchetti Ranch OSP, and
facilitate completion of the Upper Stevens Creek Trail (Measure AA Portfolio #17). The
purchase price was $1,480,000.00. The District funded 50% of the purchase ($740,000.00)
from Measure AA and partnered with Santa Clara County, whereby the County contributed
the remaining $740,000.00.00 in exchange for a conservation easement over the entire
property. The easement requires that the property be maintained in a natural condition for
the conservation of natural habitat and for passive public recreational use.
Rodgers/INE Ranch Property: In February 2014, the District purchased the Rogers
property, comprised of three parcels totally 147.96 acres, as an addition to the Monte Bello
OSP. The purchase price was $3,600,000.00. The purchases of this property furthered the
protection of the Stevens Creek watershed, red-legged frog habitat, and the scenic view shed
from Monte Bello Road.
Ridge Vineyards Property: In 2014, the District completed a fee title land exchange with
Ridge Vineyards to transfer 11.93 acres, to be added to Monte Bello OSP, in exchange for
11.74 acres of District land transferred to Ridge. In 2015 as part of their easement exchange,
Ridge Vineyards granted a conservation easement to the District on 34.03 acres to be added
to the Preserve and the District granted a 33.91 acre agricultural easement to Ridge
Vineyards. A Declaration of Covenants, Conditions and Restrictions (CC&Rs) was
conveyed by the District over 2.99 acres, resolving winery facility encroachments on District
lands and protecting views within the Preserve along Waterwheel Trail and the Monte Bello
ridgeline. The 11.93 acres of new open space and the 34.03 acre conservation easement and
2.99 acre CC&Rs are all recommended for dedication. The fee title exchange and
conservation easement was acquired at no cost to the District.
Russian Ridge Open Space Preserve
Silva Property: In 2011, the District purchased the 97.5 acre Peninsula Open Space Trust’s
(Silva) Property, at a price of $3,090,000.00, as an addition to Russian Ridge OSP. As part
of the transaction, the District received a grant from the California Coastal Conservancy in
the amount of $500,000.00 to assist with the purchase.
Sierra Azul Open Space Preserve
Hendrys Creek: In 2015, the District purchased the 117.14 acre Hendrys Creek property as
an addition to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve to preserve
open space and riparian habitats in the Los Gatos Creek Watershed and protect wildlife
dispersal corridors. Recognizing the high watershed and habitat value, the Santa Clara
R-15-158 Page 4
Valley Water District funded the full purchase price of $1,500,000.00 from their Multi-Year
Stream Maintenance Program fund in return for a conservation easement over the property.
Should the Board adopt the attached Resolution (Attachment 2) to dedicate (1) 434.53 additional
fee title acres, (2) 34.03 acres of a Conservation Easement, and (3) 2.99 acres with CC&R
restrictions over private property for a total of 471.55 acres proposed for dedication, as
recommended in this report, 41,181.30 acres (67.5%) of lands with marketable interests would
be dedicated and 19,829.71 acres (32.5%) would remain undedicated.
Recommendations for Later Dedication
The majority of the District’s undedicated land falls within two open space preserves: 2,815.79
acres at La Honda Creek Open Space Preserve (OSP) and 13,528.89 acres at Sierra Azul Open
Space Preserve. Although the La Honda Creek OSP Master Plan was approved in 2012, new
opportunities exist as a result of the recently purchased Driscoll Event Center and Apple Orchard
properties to amend and improve the preserve’s future trail network and parking areas.
Completion of the Sierra Azul OSP Master Plan has been deferred to allow for more focus and
progress on the implementation of the Mount Umunhum Public Access and Environmental
Restoration Project and other District-wide priorities (e.g. Bear Creek Redwoods Preserve Plan,
Bear Creek Stables Site Plan, etc.). The Mount Umunhum project and the future opening of
other areas within Sierra Azul OSP could potentially affect dedication preferences for lands
within this Preserve. Given that staff is still evaluating real property and management needs at
both preserves, staff recommends deferring consideration of the remaining land dedications
within La Honda and Sierra Azul OSPs at this time.
FISCAL IMPACT
There are no costs associated with dedication.
BOARD COMMITTEE REVIEW
No Board Committee review is required for this item.
PUBLIC NOTICE
Public notice was provided pursuant to the Brown Act. Notice was also given to the California
Coastal Conservancy, County of Santa Clara, Santa Clara Valley Water District, Ridge
Vineyards, and Peninsula Open Space Trust. No additional notice is necessary.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
None.
Attachments
1. Resolution Dedicating Interests in Certain District Lands for Public Open Space
Purposes
2. Dedication Status Summary Report
R-15-158 Page 5
3. Maps showing proposed property for dedication
Responsible Department Head:
Michael Williams, Real Property Manager
Prepared by:
Elish Ryan, Real Property Planner III
Lupe Hernandez, Real Property Administrative Assistant
Contact person:
Michael Williams, Real Property Manager
Graphics prepared by:
Elish Ryan, Real Property Planner III
Resolutions/2015/15-__Annual Dedication of District Lands 1
RESOLUTION NO. 15-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN
DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve
as follows:
Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public
open space purposes (pursuant to Public Resources Code Section 5540) the interests in land
held by the District shown herein, except for density credits on such lands, if any.
Open Space
Preserve Grantor
Board
Approval
Date
Closing
Date
Property
Interest County
Parcel
APN Acreage
Monte Bello Lysons 10/08/14 01/23/15 Fee Santa Clara 351-16-020 60.0
Monte Bello Rogers 02/12/14 02/28/14 Fee Santa Clara 351-12-006 147.71
Monte Bello Rogers 02/12/14 02/28/14 Fee San Mateo 080-312-010 0.23
Monte Bello Rogers 02/12/14 02/28/14 Fee San Mateo 080-411-010 0.02
Monte Bello Ridge
Vineyards 12/10/14 12/24/14 Fee Santa Clara 351-38-009 2.65
Monte Bello Ridge
Vineyards 12/10/14 12/24/14 Fee Santa Clara 351-38-012
(portion) 9.28
Monte Bello Ridge
Vineyards 12/10/14 12/24/14 conservation
easement Santa Clara 351-38-011
34.03 Monte Bello Ridge
Vineyards 12/10/14 12/24/14 conservation
easement Santa Clara 351-39-004
(portion)
Monte Bello Ridge
Vineyards 12/10/14 12/24/14 conservation
easement Santa Clara 351-38-012
(portion)
Monte Bello Ridge
Vineyards 12/10/14 12/24/14 CC&R
restriction Santa Clara
351-39-004
(portion)
2.99
Russian
Ridge
POST
(Silva) 05/11/11 06/28/11 Fee San Mateo 080-380-030 97.50
Sierra Azul POST
(Hendrys Crk.) 05/13/15 06/26/15 Fee Santa Clara 558-27-007 38.08
Sierra Azul POST
(Hendrys Crk.) 05/13/15 06/26/15 Fee Santa Clara 558-27-008 1.0
Sierra Azul POST
(Hendrys Crk.) 05/13/15 06/26/15 Fee Santa Clara 558-51-005 78.06
Total Acres of lands to be dedicated 471.55
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2015, at a Regular Meeting thereof, by the following vote:
Resolutions/2015/15-__Annual Dedication of District Lands 2
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Dedication Status Summary Report
Preserve Dedicated Undedicat-
ed
Intended
Fee Acreage Easements on Private Land
Dedicated Undedicat-
ed
Intended
Easements on Public Land
Dedicated Undedicat-
ed
Intended
Lease and
Manage-
ment
Contribu-
tion Only
Other
Interest
Dedicated
Acres
Undedicat-
ed Acres
Total
Acres
Fee , Easements and Other
1,355.15 80.12 74.30 0.00 1.93 1.20 0.00 0.00 0.00 0.00 0.00 0.00
1,355.15 82.05 1,437.20Bear Creek Redwoods
0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 1.00 1.00Briggs Creek
507.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.20
507.18 1.20 508.38Coal Creek
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00Costanoan Way
0.00 0.00 0.00 0.00 0.00 0.00 468.00 0.00 0.00 0.00 0.00 0.00
468.00 0.00 468.00Edgewood County Park
2,902.27 3.80 0.00 0.00 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2,902.27 4.10 2,906.37El Corte de Madera Cre
1,392.83 20.63 0.00 0.12 4.44 0.00 0.00 0.00 0.00 0.00 0.00 0.69
1,392.95 25.76 1,418.71El Sereno
0.00 43.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 43.21 43.21Felton Station
211.28 0.00 0.00 0.00 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
211.28 0.40 211.68Foothills
735.09 0.00 0.00 0.00 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
735.09 4.00 739.09Fremont Older
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,227.26 0.00
0.00 1,227.26 1,227.26G.G.N.R.A.
3,294.92 2,815.41 2,397.35 0.17 0.00 0.00 0.00 0.38 0.00 0.00 0.00 0.00
3,295.09 2,815.79 6,110.88La Honda Creek
1,928.41 39.79 0.00 13.15 0.00 0.00 0.00 0.00 0.00 39.33 0.00 14.01
1,941.56 93.13 2,034.69Long Ridge
274.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
274.31 0.00 274.31Los Trancos
991.63 724.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
991.63 724.00 1,715.63Miramontes Ridge
3,168.81 208.55 159.89 0.00 62.13 58.93 0.00 0.00 0.00 85.37 0.00 11.89
3,168.81 367.94 3,536.75Monte Bello
Monday, November 16, 2015 Page 1 of 2
Preserve Dedicated Undedicat-
ed
Intended
Fee Acreage Easements on Private Land
Dedicated Undedicat-
ed
Intended
Easements on Public Land
Dedicated Undedicat-
ed
Intended
Lease and
Manage-
ment
Contribu-
tion Only
Other
Interest
Dedicated
Acres
Undedicat-
ed Acres
Total
Acres
Fee , Easements and Other
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 163.86 0.00
0.00 163.86 163.86Moody Gulch
307.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
307.89 0.00 307.89Picchetti
365.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.10
365.78 0.10 365.88Pulgas Ridge
3,742.23 1,009.75 84.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.10
3,742.23 1,009.85 4,752.08Purisima Creek
2,178.53 1.20 0.00 1,515.36 0.50 0.00 0.00 0.00 0.00 292.85 0.00 0.00
3,693.89 294.55 3,988.44Rancho San Antonio
273.67 0.00 0.00 0.00 1.45 0.00 0.00 2.88 0.00 98.00 0.00 0.00
371.67 4.33 376.00Ravenswood
2,915.83 215.69 97.89 0.00 353.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00
2,915.83 574.69 3,490.52Russian Ridge
1,345.57 196.62 0.00 0.00 0.00 0.00 66.00 0.00 0.00 0.00 0.00 0.00
1,411.57 196.62 1,608.19Saratoga Gap
4,940.99 13,421.57 1,751.55 68.42 30.44 20.25 372.00 0.00 0.00 75.65 0.00 1.24
5,381.41 13,528.89 18,910.30Sierra Azul
2,051.53 10.00 0.00 80.97 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2,132.50 10.00 2,142.50Skyline Ridge
173.64 0.00 0.00 94.00 2.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00
267.64 2.50 270.14St. Joseph's Hill
53.74 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
54.74 0.00 54.74Steven's Creek Shorelin
623.76 2.38 2.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
623.76 2.38 626.14Teague Hill
152.22 0.00 0.00 4.55 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
156.77 10.00 166.77Thornewood
707.48 952.49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
707.48 952.49 1,659.97Tunitas Creek
1,304.49 80.71 78.71 5.79 0.00 0.00 23.00 0.00 0.00 0.00 0.00 0.00
1,333.28 80.71 1,413.99Windy Hill
37,899.22 19,826.91 4,646.22All Preserves 1,783.53 471.09 80.38 929.00 3.26 0.00 591.20 1,391.12 35.23
40,709.75 22,220.80 62,930.56
Note: Excludes acreage where "Interest Held By Other"
Monday, November 16, 2015 Page 2 of 2
S w issCreek
StevensCreek
Stevens Creek
Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic t
Atta chment 3a : Lyson s Property Propo sed for D ed ic ation - Monte Bello Preserve
November, 2015
Path: G:\Projects\Monte_Bello\Lysons\Lysons_Dedication_Landscape_8.5x11.mxd
Created By: eryan
0 0.40.2MilesI
(MROSD)
Ot her Pr o t ect ed O p en Sp a ceor Pa rk La nd s
Non MR O S D C on ser vat i o n or A g ri c ult ur al E as ement
MRO S D C on ser vat i o nor A g ri c ult ur al E as ement
MR O S D Prese rve s
Private Pr o per t y
Develo ped La nd
While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures.
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
Sunnyvale
Cupertino
Palo Alto
Mountain View
Area ofDetail
£¤280
Ly so ns Pa rc el
Lysons Parcel60 AcresAPN: 351-16-020
Saratoga Gap Open Spa ce Preserve
Monte Bello Open Spa ce Preserve
Monte BelloOpen Space Preserve
Upper Stevens CreekCounty Park(Santa Clara County)
Stevens Creek County Park(Santa Clara County)£¤35
APN: 080-411-0100.02 acres
APN: 080-312-0100.23 acres
APN: 351-12-006147.71 acres
Steve
n
s
C
reek
P e t er s Creek
Ba y Cree k
La m b ert C r e e k
IndianCreek
Indian
Cabin Creek
G o l d M i n e C re e k
Peters
C r e e k
Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic tAttachment 3b: Rogers Property Proposed for Dedication - Monte Bello Open Space Preserve
November, 2015
Path: G:\Projects\Monte_Bello\Rogers Property\Rogers_Property_Dedication.mxd
Created By: eryan
0 0.50.25MilesI
(MROSD)
Ot her Pr o t ect ed O p en Sp a ceor Pa rk La nd s
MRO S D C on ser vat i o nor A g ri c ult ur al E as ementMROSD Prese rve s
Priva te Pr o per t y
While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures.
Trail
!
!
!
!
!
!
!
Mountain View
Area ofDetail
£¤35
£¤35
£¤280
San MateoCounty
Lon
g
R
i
d
g
e
T
r
a
il
Highwa y o r M aj o r Ro ad
County L i ne
Rogers_Property_De dic at io n &".m xd"
R o g e r s P r o p e r t y
H ig hl ig ht ed Pr o pe rt y
T
r
e
e
F
arm
Trail
C
a
n
y
on
Trail
Monte Bello Open Space Preserve
Skyline RidgeOpen Space Preserve
Long RidgeOpen Space Preserve
Upper StevensCreek Park
Santa ClaraCounty
C
a
n
y
o
n
Trail
W a terwheel C r e e k Trail
SwissCreek
Stevens Creek
G old M in e C re e k
!
!
!
!
Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic tAttachment 3c: Ridge Viney ards La nds Proposed for Dedication
November, 2015
Path: G:\Projects\Monte_Bello\Ridge_Vineyard\RV_Nov_2013\Ridge_Dedication_Landscape_8.5x11.mxd
Created By: eryan
0 0.20.1MilesI
(MROSD)
Ot her Pr o t ect ed O p en Sp a ceor Pa rk La nd s
Ridg e Vi ne yar ds C C &R s
Ridg e Vi neya rd s t o Open S pa ce Di st r i ct
MR O S D Prese rve s
Priva te Pr o per t y
While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures.
R a n c h o S a nAntonio O S P
£¤280
Ridge_Dedication _La ndsc ape _8 .5x11 &".m xd"
Ridge Vineyards
"
Mont e BelloOpen Space Preserve
City of Palo Alto
Unincorporated Santa Clara County
£¤35
Ri dg e Vi neya rd s C on ser vat i o n E a semen t
Fee exchange landsto be dedicated APN 351-38-012(portion)9.28 acres
Fee exchange landsto be dedicatedAPN 351-38-0092.65 acres
Permanent Conservation Easementover Ridge Vineyards landsto be dedicatedAPN 351-38-011APN 351-39-004 (portion)APN 351-38-012 (portion)Total acres: 34.03 acres
Priva te
Cupertino
M o n t eBelloOSP
MonteBelloRoad
Ridge Vineyards Lan dswith Pe rm anent CC &Rrestrictions to be dedicatedAPN 351-39-004 (portion)2.99 acres
Wine ry
Area ofDetail
D
D
ee
vviillssCCaannyyoo nn
Alpine
Ro
a
d
A l p i n e R o a d
Skyline Blvd.
RussianRidge
SkylineRidge
·|}þ35
PO ST Silva Prope rty to be Ded icatedAPN 080 -380-03 097.50 Acres
Mindego Creek
P e t e r s
C r e e k
StevensCreek
L a m b ert
C re e k
P
e
t
e
r
s
C
r
e
e
k
Pete
r
s
Cre
e
k
R
a
p
l
e
y
C
r
e
e
k
Peters
Creek
Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic t
Atta chment 3d : PO ST Silva Property Proposed fo r D edica tion - Ru ssia n Ridge Open Spa ce P reserve
November, 2015
Path: G:\Projects\Russian_Ridge\SilvaProperty\SilvaProperty_DedicationMap2.mxd
Created By: eryan
0 0.50.25MilesI
(MROSD)Ot her Pr o t ect ed O p en Sp a ceor Pa rk La nd s
No n MR O S D C on ser vat i o n or A g ri c ult ur al E as ement
MR O S D Prese rve s
While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures.
!
!
!
!!
!
!
!
!
!
!
!
!
!
!
!San Mateo
R u s s i a nRidgeOSPArea ofDetail
£¤280
Hig hl ig ht ed Pr o pe rt y
Priva te Pr o per t y
Deve lo ped La nd
H e n d r y s C r e e k
SA19
F o r m e r S o d a S p rin g s T r a il
RylandReservoi r
R
o
a
d
Heights
Laurel
Rd.
R o a d
H o o k e r
S i e r r a A z u l O p e n S p a c e P r e s e r v e
Rd.
Weaver S
prings
Soda
Road
A i r p o r tStewart Dr.
Pano
r
a
m
aDr.
TrailClosed
T r ail C l o s e d
W eav er
Locust
D
r.
Al
d
ercr
o
ft
L ex in g t o nReservoir
MOORE
CHEN
Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic t
At t a c h m e n t 3 e : P O S T (H e n d ry s Cr e e k ) P ro p e rt y P r o p o se d f o r D e d i c a t i o n - S ie r ra A z u l O S P
November, 2015
Path: G:\Projects\Sierra_Azul\HendrysCreek\HendrysCreek_DedicationMap.mxd
Created By: eryan
!Los Gatos
0 0.70.35Miles
I(MROSD)
Area ofDetail S i e r r aAzul
While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures.
MROS D C on ser vat i o nor Ag ri c ult ur al E as ement
POST (Hendrys Creek) Propertiesto be DedicatedAPN 558-27-007APN 558-27-008APN-555-51-005Total: 117.14 acr es
£¤17
£¤17
£¤35
Parcel 1 Parcel 2
Parcel 3
Land Tru st
Ot her Pr o t ect ed O p en Sp a ceor Pa rk La nd s Private Pr o per t yOther Pub li c A ge ncy
Wat er shed L an d Non MR O S D C on ser vat i o n or Ag ri c ult ur al E as ement
MR O S D Op en Sp ac e Pr eser ves
PO S T (H end ry s C r eek ) Pa rc els
R-15-165
Meeting 15-30
December 9, 2015
AGENDA ITEM 5
AGENDA ITEM
Resolution Approving an Addendum to the Final Environmental Impact Report for the Mount
Umunhum Environmental Restoration and Public Access Project and Related Minor Project
Modifications
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution approving an addendum to the certified Final Environmental Impact Report
for the Mount Umunhum Environmental Restoration and Public Access Project in Sierra Azul
Open Space Preserve and related minor project modifications.
SUMMARY
The Final Environmental Impact Report (EIR) and Mitigated Monitoring Plan (MMP) was
previously approved by the Board on October 17, 2012, for the Mount Umunhum Environmental
Restoration and Public Access Project in Sierra Azul Open Space Preserve (Report R-12-104;
2012 EIR and MMP available on the District website at http://www.openspace.org/umunhum).
Since that time, the General Manager has determined that certain other proposed discretionary
elements should be added to the Project, including installation of gates and fencing, and
acquiring a road access easement to Mount Thayer for District vehicles, contractors, and
emergency access only (no general public access).
This Addendum to the 2012 EIR analyzes these modifications to the Project to fulfill the
requirements of the California Environmental Quality Act (CEQA) (Attachment 2).
MEASURE AA
A 5-year Measure AA Project List approved by the Board at their October 29, 2014 meeting
includes Priority Action #23 (Portfolio #23) that encompasses all of the Mount Umunhum Public
Access Projects at a cost of $27.972 million. The Board’s approval of this EIR Addendum
would further the goals of Portfolio #23 and Project #23-4 by providing additional security in the
form of gates and fencing for public access and good neighbor relations, as well as non-public
access to the entirety of the Project Area, including the road to Mount Thayer as identified in the
previously-certified 2012 EIR.
R-15-165 Page 2
DISCUSSION
The Board certified the 2012 EIR and MMP for the Mount Umunhum Environmental
Restoration and Public Access Project (Project) in October 2012. Since then, a number of the
approved Project components have been implemented, including construction of the Bald
Mountain Parking Area and a substantial portion of the Mt. Umunhum Trail, which includes the
Guadalupe Creek Overlook, demolition of the former AFS (excluding the radar tower), and a
substantial portion of the radar tower interim repairs.
In designing the summit amenities and upgrades to Mt. Umunhum Road to accommodate
controlled public access to the summit as evaluated in the 2012 EIR, certain minor modifications
to the approved Project have been identified. These modifications relate to the District’s
operational needs in opening Mt. Umunhum Road to the public, and to the District’s anticipated
future uses of the road to Mount Thayer.
Specifically, the minor modifications to the project are: 1) installation of a gate near the
intersection of Mt. Umunhum and Hicks Roads; 2) installation of a gate on Mt. Umunhum Road
above the District’s existing Jacques Ridge parking area; 3) installation of three gates and
associated fencing near adjacent private property; and 4) District easement for road access on the
private road between Mount Umunhum and Mount Thayer for District purposes, including
District staff, contractors and invitees for access, patrol, maintenance, repair, replacement,
emergency access, and other related uses. The easement on the road to Mount Thayer would not
include any rights for general public access. These areas are depicted in the attached Addendum
to the 2012 EIR in Exhibits 3a and 3b.
These project modifications will: 1) enhance the District’s ability to fulfill the goal of the Project,
which is to establish a fiscally and environmentally sustainable visitor destination that aligns
with the District’s mission by balancing public access, enjoyment, and education with
environmental restoration; 2) ensure safe public use of the new visitor amenities at the Mount
Umunhum summit; and 3) enhance the District’s ability to patrol the Sierra Azul Open Space
Preserve, respond to emergencies, and carry out special projects at Mount Thayer.
The purpose of the Addendum is to evaluate the potential impacts of these minor technical
modifications to the Project. All proposed project modifications would be located on previously
disturbed land located within the Project Area analyzed in the 2012 EIR. None of these
discretionary modifications result in any significant environmental effects nor substantial
increase in severity of previously evaluated significant effects under the 2012 EIR.
CEQA Determination
The Addendum evaluated the potential environmental consequences associated with aesthetics,
agriculture and forestry resources, air quality, biological resources, cultural resources, geology
and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water
quality, land use and planning, mineral resources, noise, population and housing, services,
recreation, traffic and circulation, and utilities and service systems.
Construction and operation of up to five additional solar-powered or manual gates and related
fencing would occur within previously di sturbed areas along Mt. Umunhum Road. This project
modification within the Project Area would not change or alter any of the conclusions of the
2012 EIR with regard to potential impacts.
R-15-165 Page 3
Acquisition of a new easement on an existing private road between Mount Umunhum and Mount
Thayer for District staff, contractors and invitees for access, patrol, maintenance, repair,
replacement, and emergency access would generate up to approximately ten (10) new District
patrol vehicle trips per week and approximately two (2) other District-related trips per month.
This project modification within the Project Area would not change or alter any of the
conclusions of the 2012 EIR with regard to potential impacts.
In accordance with CEQA Guidelines section 15162(a), no new significant environmental
effects, and no substantial increase of the severity of previously identified significant effects,
would result from the project modifications. Moreover, the proposed minor changes would not
affect any of the mitigation measures, including their feasibility of implementation, contained
within the MMP. Therefore, the differences between the approved Project described in the 2012
EIR and the modification of the Project as currently proposed and described in the attached
Addendum are minor technical changes, and the Addendum, considered together with the 2012
EIR and MMP, addresses the potential environmental impacts of the project modifications and
provides sufficient environmental documentation thereof.
FISCAL IMPACT
There are no direct fiscal impacts from approving the Addendum. The funding necessary for the
initial installation of gates and fencing along private property boundaries, which is estimated to
be approximately $75,000, will be requested as a FY2015-26 budget adjustment during the mid-
year review. Funds for additional gate installation near the intersection of Mt. Umunhum and
Hicks Roads will be included in future fiscal year budgets.
BOARD COMMITTEE REVIEW
This item was brought to the full Board given full Board interest and importance.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. In addition, notice was provided to
immediate neighbors and interested parties for the Mount Umunhum Summit Project. Since an
addendum is prepared if only minor technical changes or additions are necessary, an Addendum
need not be circulated for public review.
CEQA COMPLIANCE
As detailed above, the District concludes that the Project’s minor modifications will not have a
significant effect on the environment. The environmental analysis revealed no potentially
significant impacts for the discretionary items as described in the Addendum. The Addendum,
considered together with the 2012 EIR and MMP, addresses the potential environmental impacts
of the Project modifications, and there is no substantial increase in the severity of previously
identified significant impacts; therefore, no new mitigation measures are required.
NEXT STEPS
If approved, the District will file a Notice of Determination with the Santa Clara County Clerk
Recorder’s Office, which initiates the 30-day public notification period. A Notice of
R-15-165 Page 4
Determination would also be filed with the State Clearinghouse within five (5) days of Board
action. A copy of the EIR Addendum would be available for public review at the District’s
Administrative Office and a copy would also be posted to the District’s website.
Attachment(s)
1. 2012 Final Environmental Impact Report and Mitigation Monitoring Plan, available
on the District website at http://www.openspace.org/umunhum
2. Addendum to the 2012 EIR
3. Resolution adopting Addendum to the 2012 EIR
Responsible Department Head:
Jane Mark, AICP, Planning Manager, Planning Department
Prepared by:
Meredith Manning, Senior Planner, Planning Department
Graphics prepared by:
Jamie Hawk, GIS Technician
Attachment 1
2012 Final Environmental Impact Report and Mitigation Monitoring Plan for the
Mount Umunhum Environmental Restoration and Public Access Project,
available on the District website at http://www.openspace.org/umunhum
Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
SCH# 2010122037
PREPARED FOR:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
December 9, 2015
Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
SCH# 2010122037
LEAD AGENCY:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Contact: Meredith Manning, Senior Planner
Phone: 650.691.1200
Fax: 650.691.0485
mt.um@openspace.org
PREPARED BY:
Ascent Environmental
455 Capitol Mall, Suite 300
Sacramento, CA 95814
Contacts: Gary Jakobs, AICP, Project Director
Mike Parker, AICP, Project Manager
December 9, 2015
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD i
TABLE OF CONTENTS
Section Page
ACRONYMS AND ABBREVIATIONS ...................................................................................................................... II
1 MOUNT UMUNHUM ENVIRONMENTAL RESTORATION AND PUBLIC ACCESS PROJECT
OVERVIEW ........................................................................................................................................................... 1
1.1 Purpose of thIs Document ............................................................................................................. 1
1.2 Project History ................................................................................................................................. 2
2 CEQA GUIDANCE REGARDING PREPARATION OF AN ADDENDUM TO THE EIR ..................................... 7
3 DESCRIPTION OF PROPOSED PROJECT MODIFICATIONS ...................................................................... 8
3.1 Gates and Fencing ......................................................................................................................... 8
3.2 Easement for Limited Vehicle Access to Mount Thayer Via Private Road ................................ 11
4 ENVIRONMENTAL CONSEQUENCES OF PROPOSED PROJECT MODIFICATIONS ................................. 11
4.1 Aesthetics...................................................................................................................................... 11
4.2 Agriculture and Forestry Resources ............................................................................................ 12
4.3 Air Quality ...................................................................................................................................... 12
4.4 Biological Resources .................................................................................................................... 13
4.5 Cultural Resources ....................................................................................................................... 13
4.6 Geology and Soils ......................................................................................................................... 14
4.7 Greenhouse Gas Emissions ......................................................................................................... 14
4.8 Hazards and Hazardous Materials .............................................................................................. 14
4.9 Hydrology and Water Quality ........................................................................................................ 15
4.10 Land Use and Planning ................................................................................................................ 15
4.11 Mineral Resources ....................................................................................................................... 16
4.12 Noise ............................................................................................................................................. 16
4.13 Population and Housing ............................................................................................................... 16
4.14 Services ......................................................................................................................................... 16
4.15 Recreation ..................................................................................................................................... 17
4.16 Traffic and Circulation .................................................................................................................. 17
4.17 Utilities & Service Systems .......................................................................................................... 17
5 CONCLUSION ........................................................................................................................................ 18
6 REFERENCES ....................................................................................................................................... 18
Exhibits
Exhibit 1 Regional Location ........................................................................................................................... 4
Exhibit 2 Approved Project Area .................................................................................................................... 5
Exhibit 3a Proposed Gates on Mt Umunhum Road Near Hicks Road .......................................................... 9
Exhibit 3b Proposed Road Easement to Mt. Thayer and Proposed Gates and Fencing Associated
with Private Properties ................................................................................................................. 10
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
ii MROSD
ACRONYMS AND ABBREVIATIONS
AFS Almaden Air Force Station
afy acre-feet per year
District Midpeninsula Regional Open Space District
EIR Environmental Impact Report
HCP Habitat Conservation Plan
MT CO2e/year metric tons of CO2 equivalent per year
Preserve Sierra Azul Open Space Preserve
SCVWD Santa Clara Valley Water District
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 1
1 MOUNT UMUNHUM ENVIRONMENTAL RESTORATION AND
PUBLIC ACCESS PROJECT OVERVIEW
1.1 PURPOSE OF THIS DOCUMENT
In June 2012, the Midpeninsula Regional Open Space District (District) Board of Directors certified the
Environmental Impact Report (EIR) (State Clearinghouse No. 2010122037) for the Mount Umunhum
Environmental Restoration and Public Access Project (herein referred to as the 2012 EIR). The 2012 EIR
analyzed a proposed project that included demolition of most (as well as an option to demolish all) of the
abandoned structures associated with the former Almaden Air Force Station (AFS), phased public access to
the summit of Mount Umunhum, roadway and access improvements, environmental restoration,
development of public use facilities and a range of possible amenities such as trails, observation and
reflection areas, interpretive displays, picnic tables, shade structures, vault toilets, camp sites, a visitor
center, and non-potable water (for horses and fire protection) contained in one or more onsite water tanks.
The 2012 EIR also included longer term plans to allow public access to the summit of Mount Thayer via a
trail connection from Ralph’s Mountain.
The District’s proposed modifications to the previously approved project include installation of solar-powered
electric or manual gates and associated fencing, and obtaining a road access easement for a private road to
Mount Thayer. More specifically, the project includes: 1) installation of a gate near the intersection of Mt.
Umunhum and Hicks Roads; 2) installation of a gate on Mt. Umunhum Road above the District’s existing
Jacques Ridge parking lot; 3) installation of three gates and associated fencing near adjacent private
property; and 4) District easement for road access on the private road between Mount Umunhum and Mount
Thayer for District purposes, including District staff, contractors and invitees for access, patrol, maintenance,
repair, replacement, emergency access, and other related uses. The easement would not allow general
public access. Refer to Section 3 of this addendum for a more detailed description of these proposed
project modifications. The project goals and objectives identified in Section 3.4, page 3-5, of the 2012 Draft
EIR remain unchanged.
The purpose of this proposed Addendum is to consider whether these modifications to the project would
result in the need for additional analysis under CEQA (Public Resources Code, section 21166; CEQA
Guidelines, sections 15162, 15164).
As demonstrated in Section 4 below, the project modifications do not meet any of the criteria listed in
section 15162 of the CEQA Guidelines. This means: (1) the modifications would not result in any new
significant environmental effects or a substantial increase in severity of previously evaluated significant
effects that result from either a substantial change to the project or changes to the project circumstances;
(2) there is no new information of substantial importance since certification of the 2012 EIR that shows the
modifications will have new significant effects or more severe previously evaluated effects; and (3) no
mitigation measures or alternatives, which were found to be infeasible in the 2012 EIR and which are
capable of substantially reducing a significant environmental effect, would now be feasible. Therefore,
pursuant to section 15164 of the CEQA Guidelines, the differences between the approved project described
in the 2012 EIR and the refined elements of the project as they are currently proposed are considered minor
technical changes. For these reasons, an addendum to the 2012 EIR is the appropriate mechanism to
address modifications to the project.
This document concludes that the proposed addition of solar-powered electric or manual gates and
associated fencing and District easement for road access on the private road to Mount Thayer within the
project site would not alter any of the conclusions of the 2012 EIR. No new significant environmental effects
or a substantial increase in the severity of previously identified significant effects would result. The additions
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
2 MROSD
also would not affect any of the mitigation measures, including their feasibility or implementation. As
mentioned above, none of the conditions listed in section 15162 of the CEQA Guidelines exist for the project
modification described herein. Therefore, pursuant to section 15164 of the CEQA Guidelines, the differences
between the approved project described in the 2012 EIR and the modification of the project as currently
proposed and described in this addendum are minor and this addendum provides sufficient environmental
documentation.
1.2 PROJECT HISTORY
In 1986, the District acquired the former Almaden Air Force Station (AFS) and all remaining facilities at the
site within the Sierra Azul Open Space Preserve (Preserve) (Exhibit 1). The ultimate intent of this purchase
was to restore the area to a natural condition and provide public access; however, hazardous materials
associated with the construction and operation of the former AFS had to first be removed. While a portion of
hazardous materials was cleaned up by the federal government soon after the District’s purchase, other
materials, particularly lead-based paint and asbestos-containing construction materials used on buildings
fell outside the scope of the original federal cleanup program. The District worked with community, state,
and federal leaders to obtain federal funding to complete the remaining cleanup, and federal funds were
committed in 2010 toward remediation of remaining hazardous materials. The District approved the
structure abatement project in August 2010, which was complete in the summer of 2011.
In June 2012, the Environmental Impact Report (EIR) (State Clearinghouse No. 2010122037) for the Mount
Umunhum Environmental Restoration and Public Access Project (herein referred to as the 2012 EIR) was
certified. The approved project area from the Certified EIR is shown in Exhibit 2. The 2012 EIR analyzed a
proposed project that included demolition of most (possibly all) of the abandoned structures associated with
the former Almaden Air Force Station (AFS). The project included phased public access to the summit of Mount
Umunhum, as well as roadway and access improvements, environmental restoration, development of public
use facilities and a range of possible amenities such as trails, observation and reflection areas, interpretive
displays, picnic tables, shade structures, vault toilets, camp sites, a visitor center, and non-potable water (for
horses and fire protection) contained in one or more onsite water tanks. Facilities at the summit would be
located in areas previously disturbed by the former Almaden AFS. The 2012 EIR also included longer term
plans to allow public access to the summit of Mount Thayer via a trail connection from Ralph’s Mountain. The
project goals and objectives identified in Section 3.4, page 3-5, of the 2012 Draft EIR remain unchanged.
A series of public meetings on the project were held during preparation of the EIR, beginning in September
2010. Prior to initiation of the Draft EIR, the District held a public meeting on September 30, 2010 to receive
input on project features and preferences and a public open house was held on November 17, 2010, to
present the results of the first meeting and obtain further public feedback. A public scoping meeting on the
issues to be addressed in the Draft EIR was held on December 9, 2010. On December 12, 2011, the Draft
EIR was distributed to public agencies and the general public, and a public hearing to receive comments on
the Draft EIR was held on January 18, 2012. On May 25, 2012, the Final EIR was released for public review.
The project decisions have occurred in stages. On June 12, 2012, the District certified the EIR and approved
the demolition phase of the project, not including the radar tower that was operated as part of the Almaden
AFS. The disposition of the tower generated substantial public interest, and several options were evaluated in
the EIR. The District hosted a public open house on July 18, 2012 to gather public input on the radar tower
options; the Board did not make any decisions on the radar tower at this meeting. A second decision hearing
was held on September 19, 2012, at which the District’s Board of Directors approved select project elements,
not including the radar tower and summit area amenities, and removed consideration of the backpack camp
from the project to instead include its consideration as part of the larger Preserve Plan. Project elements
approved by the Board at this meeting were primarily located below the elevational summit, and included
parking, vault toilets, emergency callbox, hang gliding/paragliding, non-potable water tanks for fire protection
and horse troughs, environmental restoration, and avian nesting structures. At this meeting, the Board also
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 3
provided direction to move forward with construction of the Bald Mountain Parking Area, the connecting multi-
use Mt. Umunhum Trail to the summit, and safety upgrades and improvements to Mt. Umunhum Road.
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
4 MROSD
Exhibit 1 Regional Location
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 5
Exhibit 2 Approved Project Area
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
6 MROSD
The final stage of project approval occurred on October 17, 2012, which included on a phased, conceptual
basis: 1) summit area amenities such as trails, observation and reflection areas, interpretive displays, picnic
tables, shade structures, restrooms and a visitor center; 2) future public vehicle access to the summit via
Mt. Umunhum Road; 3) iterative approach for future shuttle service; and 4) additional staff positions. Also at
this hearing, the Board approved Interim Action A, allowing for short-term safety improvements to the radar
tower, and deferred a decision on the radar tower option for up to five (5) years until October 2017, to allow
time for the community to raise funds, if there is sufficient interest, to preserve the tower.
Since then, a number of the approved project components analyzed in the 2012 EIR have been
implemented. In January 2015, the District approved funding to complete structural and safety repairs and
improvements to the radar tower to facilitate public access around the exterior perimeter of the structure.
The interim structural repairs included code-required repairs to bring the structure up to code for “collapse
prevention” as well as the implementation of code and safety requirements to close and seal off all access
to the interior of the structure. Completion of these early interim repairs would allow safe limited access to
the exterior of the structure for a number of tours including potential donor, District-led, and docent-led
events prior to the opening of general public access to the summit. The interim repairs were substantially
completed as of September 2015.
The project site evaluated in the 2012 EIR is accessed by Mt. Umunhum Road, portions of which are under
private ownership. The 2012 EIR noted that the last two miles of the road are currently closed to the public
and would require public access rights to permit MROSD access. The District continues its efforts to resolve
this issue, including obtaining title to a portion of Mt. Umunhum Road as it crosses the former Almaden AFS
and right-of-way easements portions of Mt. Umunhum Road located on private property. Because these are
real estate transactions that require no new construction activities, change in operations, or new vehicle
trips, and were generally evaluated in the 2012 EIR, no further discussion is provided in this addendum.
The Bald Mountain Parking Area was completed in fall 2014 and is open for hiking access to the Bald
Mountain Trail. Construction of the new Mt. Umunhum Trail to the top of the mountain was initiated in 2013.
A small crew of District staff is completing the trail and bridges which are targeted for completion in 2016.
Construction has begun on the Guadalupe Creek Overlook, which is located along the Mt. Umunhum Trail,
and is anticipated to be completed by the winter of 2015/2016.
In August 2015, the Board approved final design development options for the Mount Umunhum summit
project (options do not include recommendations for the radar tower). Also at that time, the Board directed
staff to look for areas for additional shade structures at the summit and proceed with final design
development and production of construction documents, with construction scheduled for summer 2016.
Pending resolution of public access issues, construction of safety upgrades to Mt. Umunhum Road, public
access improvements, and visitor amenities are all anticipated to be substantially final in fall 2016. Ideally,
the trail, road, and summit would open simultaneously; however, full vehicle access may occur at a later
date pending resolution of public access issues and completing road improvements. In the interim, the
public would be able to access the summit via the Mt. Umunhum Trail, once completed and open for public
use, which would allow hikers, mountain bicyclists and equestrians to access the mountain top in fall 2016.
As with all other District preserves, Mount Umunhum (located within the Sierra Azul Open Space Preserve) is
planned to be open 365 days a year from dawn to one-half hour after sunset.
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 7
2 CEQA GUIDANCE REGARDING PREPARATION OF
AN ADDENDUM TO THE EIR
If, after certification of an EIR, there are changes or additions to a project that will require new discretionary
actions, CEQA provides three possible mechanisms to address these changes: a subsequent EIR, a
supplement to an EIR, or an addendum to an EIR.
Section 15162 (a) of the CEQA Guidelines provides that when an EIR has been certified for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of
substantial evidence in light of the whole record, that one or more of the following conditions is met:
(1) substantial changes are proposed in the project which will require major revisions of the previous EIR
due to the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects;
(2) substantial changes occur with respect to the circumstances under which the project is undertaken which
will require major revisions of the previous EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects; or
(3) new information of substantial importance, which was not known and could not have been known with
the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of
the following:
(A) the project will have one or more significant effects not discussed in the previous EIR;
(B) significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and
would substantially reduce one or more significant effects of the project, but the project proponents
decline to adopt the mitigation measures or alternatives; or
(D) mitigation measures or alternatives which are considerably different from those analyzed in the
previous EIR would substantially reduce one or more significant effects on the environment, but the
project proponents decline to adopt the mitigation measures or alternatives.
Section 15164 of the CEQA Guidelines states that a lead agency or a responsible agency shall prepare an
addendum to a previously certified EIR if some changes or additions are necessary, but none of the
conditions described above in section 15162(a), calling for preparation of a subsequent EIR, have occurred.
CEQA allows lead and subsequent responsible agencies issuing additional discretionary approvals for a
project to restrict their review of modifications to a previously approved project to the incremental effects
associated with the proposed modifications, compared against the anticipated effects of the previously
approved project at build-out. In other words, if the project under review constitutes a modification of a
previously approved project which was subject to prior final environmental review, the “baseline” for
purposes of CEQA is adjusted such that the originally approved project is assumed to exist.
The District is proposing minor modifications to the approved project; these changes are described in
Section 3 of this addendum. As demonstrated in detail below, the project modifications do not meet any of
the criteria listed in section 15162. First, the modifications would not result in any new significant
environmental effects or a substantial increase in severity of previously evaluated significant effects that
result from either a substantial change to the project or changes to the project circumstances. Second, there
is no new information of substantial importance since certification of the 2012 EIR that shows the
modifications will have new significant effects or more severe previously evaluated effects. Finally, no
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
8 MROSD
mitigation measures or alternatives, which were found to be infeasible in the 2012 EIR and which are
capable of substantially reducing a significant environmental effect, would now be feasible. Therefore,
pursuant to section 15164 of the CEQA Guidelines, the differences between the approved project described
in the 2012 EIR and the refined elements of the project as they are currently proposed are considered minor
technical changes. Furthermore, the 2012 EIR and associated mitigation monitoring and reporting program
remain valid for mitigating the identified significant impacts that would result from implementation of the
project, including the proposed modifications. For these reasons, an addendum to the 2012 EIR is the
appropriate mechanism to address modifications to the project.
3 DESCRIPTION OF PROPOSED PROJECT MODIFICATIONS
The District’s proposed modifications to the previously approved project include installation of gates and
fencing, and obtaining a road access easement for a private road to Mount Thayer. More specifically, the
project includes: 1) installation of a gate near the intersection of Mt. Umunhum and Hicks Roads; 2)
installation of a gate on Mt. Umunhum Road above the District’s existing Jacques Ridge parking lot; 3)
installation of three gates and associated fencing near adjacent private property; and 4) District easement
for road access on the private road between Mount Umunhum and Mount Thayer for District purposes,
including District staff, contractors and invitees for access, patrol, maintenance, repair, replacement,
emergency access, and other related uses. The easement would not include any rights for general public
access.
The purpose of this proposed Addendum is to consider whether these modifications to the project would
result in the need for additional analysis under CEQA (Public Resources Code, section 21166; CEQA
Guidelines, sections 15162, 15164). The following provides a description of each proposed modification to
the previously approved project. All proposed project modifications are located on previously disturbed land
located within the project site analyzed in the 2012 EIR.
3.1 GATES AND FENCING
Up to five additional gates and associated fencing are proposed within the project site. The first gate is
proposed on Mt. Umunhum Road near the intersection of Mt. Umunhum and Hicks Roads for the purpose of
restricting public access to the Preserve after closing hours, while also allowing full-time access to residents
that use Mt. Umunhum Road (approximate location shown in Exhibit 3a). This gate would be installed within
previously disturbed land adjacent to Mt. Umunhum Road and would only be installed if there is a need to
prevent after-hour use associated with opening the summit.
A second gate (approximate location shown in Exhibit 3a) is proposed above the District’s existing “Jacques
Ridge” parking area, where the gate would normally remain open and would only be closed when there is
inclement weather and/or when Mt. Umunhum Road is required to be closed for public safety reasons (e.g.,
snow, fire, etc.). This second gate would allow normal public access to the parking area as it is currently
being managed to coincide with the Preserve opening (i.e., from dawn to one-half hour after sunset).
Three additional gates (approximate locations shown in Exhibit 3b) are proposed for the purpose of
restricting public access into adjacent private property and would include installation of approximately 1,500
linear feet of construction-grade chain link or similar safety fencing. All proposed gates and fencing would be
installed within previously disturbed land adjacent to Mt. Umunhum Road for the purpose of restricting
public access.
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 9
Exhibit 3a Proposed Gates on Mt. Umunhum Road Near Hicks Road
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
10 MROSD
Exhibit 3b Proposed Road Easement to Mt. Thayer and Proposed Gates and Fencing Associated with Private Properties
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 11
The exact type and configuration of vehicle gate to be used at each location is as yet undetermined;
therefore, the approximate footprint and disturbance area of the largest potential gate at any of these
locations is assumed for purposes of this analysis. Approximate dimensions of the largest gate would be a
double sliding, solar-powered electronic gate occupying a moving footprint of up to 62 feet in length, which is
the length of two 14-foot gate sections if both sides were opened to their fullest extent (56 feet) plus
associated bollards and support poles (6-feet). The gate when closed would occupy an approximate three-
foot wide footprint to accommodate wheels on existing paved surfaces; when opened, the gate could occupy
an additional footprint of 28 feet x 3 feet in adjacent, existing vegetation, or be suspended in the air and
supported by posts, depending on the slope at each location. Solar-powered electronic gates would include a
3-foot-x-3-foot-x-3-foot solar panel mechanism box on each side. The box would be placed in previously
disturbed vegetation located adjacent to the road. The control panel to operate the gate would be placed
immediately adjacent to the paved surface on a 6-inch-x-6-inch square pole.
3.2 EASEMENT FOR LIMITED VEHICLE ACCESS TO MOUNT THAYER VIA PRIVATE
ROAD
The District is requesting an easement from adjacent landowners to obtain District-related vehicle access
between Mount Thayer and Mount Umunhum via an existing private road (see Exhibit 3b). The easement
would allow direct vehicle access for District purposes, including District staff, contractors and invitees for
access, patrol, maintenance, repair, replacement, emergency access, and other related uses. The easement
would not include any rights for general public access. On balance, an average of ten (10) new District patrol
vehicle trips per week and two (2) other District-related trips per month are anticipated but could be
increased in some seasons and decreased in others.
This addendum is intended to evaluate and confirm CEQA compliance for proposed modifications to the
project evaluated in the approved 2012 EIR. This addendum is organized by environmental issue area and is
intended to consider all environmental topic areas that could be affected by modifications for any changes in
circumstances or the project description, as compared to the approved 2012 EIR, and determine whether
such changes would result in new significant impacts.
4 ENVIRONMENTAL CONSEQUENCES OF
PROPOSED PROJECT MODIFICATIONS
The purpose of this discussion below is to evaluate the environmental issue areas in terms of any “changed
condition” (i.e., changed circumstances, project changes, or new information of substantial importance)
resulting from the proposed project modifications that may result in a different environmental impact
significance conclusion from the certified 2012 EIR. Each resource issue area is addressed below.
4.1 AESTHETICS
The 2012 EIR identified less-than-significant impacts associated with impacts on scenic vistas, damage to
scenic resources within a scenic highway corridor, changes in visual character, and impacts from nighttime
lighting.
Views of the project site are available from surrounding lands and from portions of State Route 9 (officially
designated California Scenic Highway), Highway 17 (eligible California Scenic Highway), and local scenic
roadways (Kennedy Road, Hicks Road, Coleman Road, and Almaden Expressway). The proposed gate would
be located on Mt. Umunhum Road and would be visible from Hicks Road, a local scenic roadway; however,
the proposed gate would not result in a substantial adverse visual effect for passing motorists on Hicks Road
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
12 MROSD
because it would be visually consistent with other gates in the area and would blend in with existing
development within the viewshed of this intersection. The two other proposed gates and associated fencing
would not be visible from most offsite views due to distance and intervening topography.
Based on the above discussion, there are no new significant effects or substantial changes to the
environmental evaluation of aesthetic resources provided in the approved 2012 EIR that would occur with
the implementation of the proposed project modifications. The project modifications evaluated in this
addendum are visually consistent with the project as proposed in the 2012 EIR and would not generate any
new significant impacts related to aesthetics.
4.2 AGRICULTURE AND FORESTRY RESOURCES
As discussed in Chapter 1 of the Draft EIR (Draft EIR, p.1-5), the project site is not used for agriculture, nor
does it consist of forestry land. It is designated as “hillsides” and “other public lands” in the Santa Clara
County General Plan, indicating it is not intended for agricultural uses. The California Department of
Conservation’s Farmland Mapping and Monitoring Program identifies the project site as “urban and built-up
land” and “other land” and identifies no farmland on the project site or in the project vicinity (Department of
Conservation 2008). The proposed project modifications (i.e., installation of gates and fencing) would not
convert agricultural or forestry uses and would therefore have no impact on these resources and would
result in no change to the 2012 EIR conclusion.
4.3 AIR QUALITY
The 2012 EIR identified significant or potentially significant impacts related to increases in construction-
related emissions of fugitive dust (PM10 and PM2.5), and exposure of sensitive receptors to fugitive dust
emissions containing naturally occurring asbestos during construction-related earth movement activities. As
indicated in the 2012 EIR, these impacts would be reduced to a less-than-significant impact with
implementation of Mitigation Measures 4.7-1 (Draft EIR, pp. 4.7-20). The 2012 EIR identified less-than-
significant impacts associated with increases in construction-generated emissions of reactive organic gases
and nitrogen oxides, PM10 exhaust, and PM2.5 exhaust, long-term operational emissions of criteria air
pollutant and precursors, project-generated local mobile-source carbon monoxide emissions, exposure of
sensitive receptors to emissions of toxic air contaminants from on-site sources during construction and
operation, and exposure to odorous emissions.
Proposed modifications would not result in new or more severe impacts because the proposed land uses
remain fundamentally the same and proposed construction is minor (i.e., installation of gates fencing).
Construction and installation of the proposed project modifications could increase construction-related
emissions of fugitive dust (PM10 and PM2.5) and result in exposure of sensitive receptors to fugitive dust
emissions containing naturally occurring asbestos during construction-related earth movement activities.
However, Mitigation Measure 4.7-1 of the 2012 EIR would require implementation of applicable the Bay
Area Air Quality Management District Air Quality Guidelines related to basic control measures during
construction and compliance with Bay Area Air Quality Management District’s naturally occurring asbestos
program and Air Toxic Control Measure Inspection Guidelines, Policies, and Procedures. With
implementation of Mitigation Measure 4.7-1, no new or increased construction-related air quality impacts
would result from implementation of the proposed project modifications evaluated in this addendum. The
proposed addition of up to approximately ten (10) District patrol vehicle trips per week and two (2) other
District-related trips per month on the private road to Mount Thayer by District staff, contractors and invitees,
patrol, maintenance, repair, replacement, emergency access, and other related District uses would have an
inconsequential impact on traffic, the primary generator of mobile source emissions. The easement would
not include any rights for general public access.
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 13
For the reasons described above, no new significant effects or substantial changes to the environmental
evaluation of air quality impacts provided in the 2012 EIR would occur with implementation of the proposed
project modifications.
4.4 BIOLOGICAL RESOURCES
The 2012 EIR identified significant or potentially significant impacts related to loss of bat colonies during
building demolition, loss of special-status species (i.e., including rare plants, special-status amphibians and
reptiles, and nesting birds) during ground-disturbing activities (i.e., trail construction, road improvements, or
other ground-disturbing activities), and loss of riparian habitat or other sensitive natural communities or fill
of Waters of the U.S. during trail construction. These impacts would be reduced to a less-than-significant
impact with implementation of Mitigation Measures 4.3-1 through 4.3-3 (Draft EIR, pp. 4.3-23, 4.3-25; Final
2012 EIR, pp. 3-2 through 3-3). The 2012 EIR identified a less-than-significant impact associated with
effects of increased recreation on native species and interference with wildlife movement and no impact
related to conflict with local policies, ordinances or an approved habitat conservation plan.
The project modifications would not increase the potential for impacts to biological resources because the
potential for land disturbance associated with construction and installation of the proposed gates and
fencing would be limited to proposed areas of disturbance analyzed in the 2012 EIR. No additional tree
removal or building demolition would occur with proposed project modifications. Proposed fencing would be
approximately 1,500 feet in length and limited to the immediate area of the new gates. This would allow
wildlife access to either side of the proposed fencing, resulting in inconsequential interference with wildlife
movement in the region. Mitigation Measure 4.3-1 through 4.3-3 of the 2012 EIR require surveying,
avoidance, minimization, and monitoring measures within the project footprint to reduce impacts to special-
status plant and wildlife species during construction. With implementation of Mitigation Measures 4.3-1
through 4.3-3 and proposed project modifications limited to proposed areas of disturbance analyzed in the
2012 EIR, no new impacts to biological resources would result from implementation of the proposed project
modifications evaluated in this addendum.
4.5 CULTURAL RESOURCES
Construction-related impacts on presently undocumented cultural resources and human remains were
identified as potentially significant in the EIR. These impacts would be reduced to a less-than-significant
impact with implementation of Mitigation Measure 4.2-3 and 4.2-4 (Final EIR, pp. 3-7 through 3-8; Draft EIR,
4.2-29 through 4.2-30). The 2012 EIR identified a less-than-significant impact associated with construction-
related impacts on documented significant archaeological and historical resources . As described in Chapter
1 of the Draft EIR (Draft EIR, p.1-5), the potential to encounter paleontological resources is low because soil
moving activities would occur within areas of disturbance that were analyzed in the 2012 EIR and grading is
not expected to substantially expose native soils; therefore, similar to the project evaluated in the 2012 EIR,
the proposed modifications would result in no impact to paleontological resources, and this issue is not
discussed further.
Construction of the proposed modifications would be limited to areas of disturbance that were analyzed in
the 2012 EIR. Soil moving activities associated with construction of the proposed gates and fencing would
be minor. No new impacts to cultural resources would result from implementation of the proposed
modifications.
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
14 MROSD
4.6 GEOLOGY AND SOILS
The 2012 EIR identified significant or potentially significant impacts related to risks to people and structures
from seismic hazards or landslides and construction-related erosion hazards. As indicated in the 2012 EIR,
these impacts would be reduced to a less-than-significant impact with implementation of Mitigation Measure
4.5-2 (Draft EIR, pp. 4.5-8 through 4.5-9). The 2012 EIR identified less-than-significant impacts associated
with slope stability hazards.
The proposed installation of gates and fencing would occur within previously disturbed areas (i.e., exposed,
non-vegetated soils) of the site wherever feasible. Removal of vegetation to accommodate gates and fencing
will be minimized. Mitigation Measure 4.5-2 of the EIR requires consultation with the San Francisco Bay
Basin Regional Water Quality Control Board, preparation of a stormwater pollution prevention plan, and
implementation of best management practices to avoid construction-related erosion hazards.
With implementation of Mitigation Measure 4.5-2 of the EIR, the proposed modifications would not alter the
impact conclusions identified in the 2012 EIR for geology and soils.
4.7 GREENHOUSE GAS EMISSIONS
The EIR identified less-than-significant impacts associated with generation of greenhouse gas emissions and
impacts of climate change on the environmental restoration and public access plan.
The proposed project modifications would not result in new or more severe impacts because the proposed
land uses remain fundamentally the same and there would not be a substantial addition of traffic (the
primary generator of mobile source greenhouse gas emissions). The project modification would include
installation of gates, fencing, and District-related vehicle access on a private road resulting in up to an
average of ten (10) new vehicle trips per week and two (2) other District-related trips per month, which, on
average, is less than two trips per day. As described in the 2012 EIR, the highest volume of traffic associated
with the approved project would be 69 trips during the Saturday peak hour. The 2012 EIR indicates that the
project, as approved, would result in 700.2 metric tons of CO2 equivalent per year (MT CO2e/year), which is
nearly 400 MT CO2e/year less than Bay Area Air Quality Management District’s threshold of 1,100 MT
CO2e/year. The addition of approximately 10 new trips per week would not change the conclusion of the
2012 EIR.
4.8 HAZARDS AND HAZARDOUS MATERIALS
The 2012 EIR identified a significant impact related to exposure to existing hazardous materials, including
asbestos in soil near old structures and pesticides above acceptable levels. These impacts would be
reduced to a less-than-significant impact with implementation of Mitigation Measures 4.6-1 of the (Draft EIR,
p.4.6-12). The 2012 EIR identified less-than-significant impacts associated with exposure to hazardous
materials during project construction, use or transport of hazardous materials during project operations,
potential hazards from interference with emergency response, and exposure of people or structures to
wildland fires.
The proposed project modifications would include excavation and construction activities within proposed
areas of disturbance that were analyzed in the 2012 EIR. Mitigation Measure 4.6-1 of the EIR requires
focused soil testing and a remediation plan within the former Almaden AFS. Implementation of Mitigation
Measure 4.6-1 would reduce potential for human exposure to any existing hazardous materials
contamination that may be encountered within the former Almaden AFS as a result of the proposed project
modifications. Therefore, the proposed modifications to the project would not result in new or more severe
impacts.
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 15
4.9 HYDROLOGY AND WATER QUALITY
The 2012 EIR identified potentially significant impacts related to potential short-term construction-related
soil erosion and water quality impairment and water quality impacts. These impacts would be reduced to a
less-than-significant impact with implementation of Mitigation Measures 4.4-1 and 4.4-3 of the EIR (Draft
EIR, pp. 4.4-9 through 4.4-11). The 2012 EIR identified a less-than-significant impact associated with
stormwater impacts (i.e., erosion, siltation, or flooding of on- or off-site areas).
Project modifications would result in the installation of gates and fencing, which would result in an
imperceptible increase in impervious surfaces at the site. No new grading is proposed. The proposed
modifications would result in minor excavation associated with installation of proposed gates and fencing.
Although unlikely, these activities could result in potential short-term construction-related soil erosion and
water quality impairment. Prior to earth-moving activities, Mitigation Measure 4.4-1 of the EIR requires
consultation with the San Francisco Bay Basin Regional Water Quality Control Board to acquire appropriate
regulatory approvals (ex. Section 401 water quality certification, NPDES stormwater permit for general
construction activities, and any other necessary site-specific waste discharge requirements), preparation of a
stormwater pollution prevention plan, and implementation of best management practices to avoid
construction-related erosion and water quality impairment. Mitigation Measure 4.3-3 of the 2012 EIR
requires avoidance and minimization measures related to construction that requires removal of riparian and
wetland vegetation or placement of fill material into waters of the U.S. Because proposed project
modifications would occur within previously disturbed areas and not within any wetlands, removal of riparian
vegetation or impacts to waters of the U.S. would not occur. Implementation of Mitigation Measure 4.4-1
would reduce potential construction-related erosion and water quality impairment resulting from proposed
project modifications to a less-than-significant level.
4.10 LAND USE AND PLANNING
As discussed in Chapter 1 of the Draft EIR (Draft EIR, p.1-5), land use and planning impacts would occur if
the project would physically divide an established community (example: a freeway dividing a populated
residential community), if it would conflict with a land use policy adopted for the purpose of avoiding an
environmental impact, or if it would conflict with an applicable habitat conservation plan or natural
community conservation plan. Regarding land use policies, each section of the 2012 EIR addresses the
potential for conflicts between the project and relevant plans adopted for the purpose of avoiding
environmental impacts.
The project site was a former air force station consisting of abandoned radar facility structures, other
operational buildings, personnel housing and support facilities. The air force station was decommissioned in
1980 and since that time has not been used or populated. All buildings and structures have since been
demolished with the exception of the 83-foot tall by 63-foot wide base of the former radar sail, which was
removed by the military at the time of decommissioning. The approved project and the proposed
modifications discussed in this addendum are located on the same project site, a sparsely populated area.
The project would, therefore, not divide an established community. Although the Sierra Azul Open Space
Preserve abuts the Santa Clara Valley Habitat Plan, a Habitat Conservation Plan and Natural Community
Conservation Plan, the project site is not included within the boundaries of the HCP or any other habitat
conservation or natural community conservation plans, and therefore would not conflict with any such plans.
The proposed modifications would not alter the approved land use type or intensity; therefore; similar to the
project analyzed in the 2012 EIR, the proposed project modifications would have no impact on land use.
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
16 MROSD
4.11 MINERAL RESOURCES
As discussed in Chapter 1 of the Draft EIR (Draft EIR, p.1-5), the site does not have any known economic
mineral resources. Therefore, the proposed project modifications are not anticipated to alter the availability
of any economic mineral resources. As discussed in the 2012 EIR, the project would have no impact on
mineral resources and the project modifications do not alter this conclusion.
4.12 NOISE
The EIR identified less-than-significant impacts associated with long-term exposure of existing sensitive
receptors to project-generated operational-related increases in stationary source noise levels and traffic
source noise levels, exposure of existing sensitive receptors to excessive groundborne vibration from project-
related activities, and short-term exposure of existing sensitive receptors to project-generated increases in
construction source noise levels.
Because of the distance of sensitive receptors from the private road that leads to Mount Thayer in this
sparsely-populated area, the proposed addition of up to an average of ten (10) new District patrol vehicle
trips per week and two (2) other District-related trips per month on this road would result in an
inconsequential change to traffic source noise levels. Construction and operation of proposed project
modifications would not result in the exposure of persons off-site or result in generation of noise levels in
excess of applicable standards. Any noise or vibration produced by construction equipment associated with
fence and gate installations would be minor, of short duration, intermittent, and, consistent with the 2012
EIR conclusions (i.e., less-than-significant). For these reasons, the proposed modifications would not result in
new or more severe noise impacts.
4.13 POPULATION AND HOUSING
As discussed in Chapter 1 of the 2012 EIR (Draft EIR, p.1-5), no elements of the project would alter
population growth. The project would not extend urban infrastructure into an unserved area; therefore, it
would not induce population growth. Further, although the project would remove housing from the site, this
housing was dedicated to military uses and was long ago abandoned and is remote from any public services
needed to serve a housing development.
The proposed project modifications include installation of five gates and limited fencing. Similar to the
approved project, the proposed project modifications would not necessitate the construction of replacement
housing and would result in no impact related to population and housing.
4.14 SERVICES
The 2012 EIR identified less-than-significant impacts associated with increased demand for fire protection,
emergency medical services, and law enforcement.
Consistent with District policy, design and installation of proposed gates on the project site would not block
public service vehicle access within the site or result in disruption of response times or other public service
standards because fire protection/first response and law enforcement staff has key or code access to all
District gates. Changes to the proposed project (i.e., installation of gates and fencing) since the time of prior
environmental review would not result in new or more severe impacts to public services.
Ascent Environmental Addendum to the Environmental Impact Report
Mount Umunhum Environmental Restoration and Public Access Project
MROSD 17
As discussed in Chapter 1 of the Draft EIR (Draft EIR, p.1-5), the approved project would not adversely affect
park and/or open space preserve services; to the contrary, the project itself expands park and/or open
space preserve services to the region, and would marginally reduce pressure on other parks and open space
preserves to the degree the project provides an alternative to other regional recreation. The project also
would have no effects on schools because the expansion of parks and open space preserve services at the
site would not bring a new residential population to the area and would therefore not affect school capacity.
The modifications would not affect this conclusion.
4.15 RECREATION
As discussed in Chapter 1 of the 2012 EIR (Draft EIR, p.1-5), the project would provide a new recreational
facility. The proposed project modifications include the addition of gates and fencing in three areas of the
project site to deter visitors from trespassing onto private property or entering the Preserve after Preserve
hours. However, the modifications would not block recreational activities within the preserve or result in any
increased demand for recreation. Therefore, the proposed modifications would not affect recreational
resources.
4.16 TRAFFIC AND CIRCULATION
The 2012 EIR identified significant or potentially significant impacts related to construction traffic. These
impacts would be reduced to a less-than-significant impact with implementation of Mitigation Measure 4.10-
1 of the EIR (Draft EIR, pp. 4.10-17 through 4.10-18). The 2012 EIR identified less-than-significant impacts
associated with roadway level of service, cumulative roadway level of service (year 2020), public transit,
bicycle or pedestrian facility effects, guardrails and reduced possibility of vehicle diversion from travel lanes,
and roadway and drainage ongoing maintenance.
Construction activities associated with the proposed modifications would be minor (involving one or two
trucks) and would not substantially increase the construction traffic described and analyzed in the 2012 EIR.
Mitigation Measure 4.10-1 of the EIR requires implementation of measures that improve roadway conditions
and operation during and after construction. Consistent with the EIR’s conclusion, with implementation of
Mitigation Measure 4.10-1, construction-related vehicle trips associated with the proposed project
modifications would result in a less-than-significant impact.
The proposed project modifications also include an easement request for District road access on the private
road between Mount Umunhum and Mount Thayer. The easement would allow vehicle access for District-
related purposes (i.e., District staff, contractors and invitees, patrol, maintenance, repair, replacement, and
other related uses) and emergency services (e.g., sheriff, fire, etc.) between Mount Thayer and Mount
Umunhum. The proposed modifications would add up to approximately ten (10) new District patrol vehicle
trips per week and two (2) other District-related trips per month on the road to Mount Thayer and the
easement would not include any rights for general public access. This small addition of traffic on the private
road would not substantially affect traffic levels. This would constitute a less-than-significant impact related
to traffic and circulation.
4.17 UTILITIES & SERVICE SYSTEMS
As discussed in Chapter 1 of the Draft EIR (Draft EIR, p.1-5), the approved project would not adversely affect
utilities. All typical utilities would be self contained. No substantial wastewater would be created; vault toilets
would be used, with the septage cleaned out regularly by District staff or private service providers and
disposed at an approved facility. Water use would be insubstantial, and nonpotable water would occasionally
be purchased either from a municipality and transported to the summit, or purchased locally from a
Addendum to the Environmental Impact Report Ascent Environmental
Mount Umunhum Environmental Restoration and Public Access Project
18 MROSD
neighboring landowner at the summit and hauled a short distance to the storage tank. Water is intended
primarily for on-site use but could be utilized for wildland fire suppression as appropriate. Regarding storm
drainage, the site will be recontoured to its natural form where feasible, and no increase in storm drainage
would be expected. Further, because the site would be cleared of debris and dilapidated buildings, runoff
quality will improve.
The proposed project modifications include the addition of solar-powered or manual gates and fencing on
Mt. Umunhum Road which would not affect utilities or service systems.
5 CONCLUSION
The proposed addition of solar-powered electric or manual gates and associated fencing and a District
easement for road access on the private road to Mount Thayer would not alter any of the conclusions of the
2012 EIR. No new significant environmental effects or a substantial increase in the severity of previously
identified significant effects would result. The additions also would not affect any of the mitigation
measures, including their feasibility or implementation. As mentioned above, none of the conditions listed in
section 15162 of the CEQA Guidelines exist for the project modification described herein. Therefore,
pursuant to section 15164 of the CEQA Guidelines, the differences between the approved project described
in the 2012 EIR and the modification of the project as currently proposed and described in this addendum
are minor and this addendum provides sufficient environmental documentation.
6 REFERENCES
Department of Conservation. 2008. Santa Clara County Important Farmland 2008. Available
<ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2008/scl08.pdf>. Accessed April 13, 2009.
Resolutions/2015/15-__Mt. Um EIR Addendum 1
RESOLUTION NO. 15-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT APPROVING AN ADDENDUM TO THE CERTIFIED FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE MOUNT UMUNHUM
ENVIRONMENTAL RESTORATION AND PUBLIC ACCESS PROJECT AND
APPROVING MINOR PROJECT MODIFICATIONS
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code § 21000 et seq.) (“CEQA”), the Midpeninsula Regional Open Space District (the
“District”) is the lead agency for environmental review of the Mount Umunhum Environmental
Restoration and Public Access Project (the “Project”); and
WHEREAS on June 12, 2012, the Board of Directors of the District (the “Board”)
certified the Final Environmental Impact Report (“EIR ” or “2012 EIR”) for the Project by
approving Resolution No. 12-24, which certification was supported by findings of fact and
approval of a Mitigation Monitoring Plan; and
WHEREAS on October 17, 2012, the Board adopted Resolution No. 12-40 approving
the Project as described in the 2012 EIR, with the exception of an option for the radar tower,
which was deferred for five years, pending the outcome of community efforts to preserve it; and
WHEREAS, subsequent to the certification of the 2012 EIR and approval of the Project,
the District identified certain minor modifications to the Project, including but not limited to
installation of gates and fencing and acquiring a road access easement to Mount Thayer (the
“Modifications”); and
WHEREAS the Modifications are desirable to the District because they will: 1) enhance
the District’s ability to fulfill the goal of the Project, which is to establish a fiscally and
environmentally sustainable visitor destination that aligns with the District’s mission by
balancing public access, enjoyment and education with environmental restoration; 2) ensure safe
public use of the new visitor amenities at the Mount Umunhum summit; and 3) enhance the
District’s ability to patrol the Sierra Azul Preserve, respond to emergencies, and carry out special
projects at Mount Thayer, through acquisition of a District easement for road access on the
private road between Mount Umunhum and Mount Thayer for District vehicles, contractors, and
emergency access; and
WHEREAS the District has prepared an Addendum to the 2012 EIR in accordance with
CEQA section 21166 and CEQA Guidelines section 15164 to describe the Modifications,
attached hereto as Exhibit A (the “Addendum”); and
WHEREAS the Modifications constitute minor technical changes and would not alter
any of the conclusions result in new significant impacts to the environment, there is no
substantial increase in the severity of previously identified significant impacts, and no new
mitigation measures are required.
Resolutions/2015/15-__Mt. Um EIR Addendum 2
NOW, THEREFORE, BE IT RESOLVED AND APPROVED by the Board of Directors as
follows:
1. The Addendum to the 2012 EIR fully describes the proposed minor changes to the
Project and has been prepared in compliance with CEQA (Cal. Public Resources
Code section 21000 et seq.) and the CEQA Guidelines (Cal. Code of Regs.
section 15000 et seq.)
2. The Addendum reflects the Board of Directors’ independent judgment and
analysis.
3. In accordance with CEQA Guidelines section 15164, the Addendum, considered
together with the 2012 EIR and the MMP, adequately addresses the potential
environmental impacts associated with the Modifications.
4. The documents and other materials constituting the administrative record of the
proceedings upon which the Board’s decision is based are located at the
Midpeninsula Regional Open Space District, Administration Office, 330 Distel
Circle, Los Altos, CA 94022.
5. The Addendum is hereby approved by the Board and shall be considered a part of
the District’s environmental review of the Project.
6. The minor technical changes to the Project evaluated in the Addendum are hereby
approved, subject to obtaining the necessary property rights.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ___, 2015, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
Resolutions/2015/15-__Mt. Um EIR Addendum 3
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Exhibit A: Addendum to the Final EIR
R-15-167
Meeting 15-31
December 9, 2015
AGENDA ITEM 6
AGENDA ITEM
Consideration of approving a Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District declaring the acquisition of certain real property rights necessary for the
Sierra Azul Open Space Preserve and the Mount Umunhum Environmental Restoration and
Public Access Project (“Project”), and authorizing the acquisition thereof and the transfer of
funds therefor (Portion of Santa Clara County Assessor Parcel Numbers: 562-04-014, 562-08-
012 and 562-08-011, owned by Mount Umunhum Limited Partnership).
GENERAL MANAGER’S RECOMMENDATIONS
The General Manager recommends that the Board of Directors approve a Resolution of Need and
Necessity for the following acquisitions from Mount Umunhum Limited Partnership:
1. A 60-foot wide general public access and drainage easement containing a total of 454,565.98
square feet on that certain property identified as Santa Clara County Assessor Parcel
Numbers 562-04-014 and 562-08-012, as a critical public access route to the summit of
Mount Umunhum in the Sierra Azul Open Space Preserve.
2. A 60-foot wide patrol and maintenance easement containing 78,000 square feet on that
certain property identified as Santa Clara County Assessor Parcel Numbers 562-08-012 and
562-08-011, as a critical District access and patrol route to the summit of Mount Thayer in
the Sierra Azul Open Space Preserve.
3. A 40-foot wide fee strip of property containing 36,220 square feet on that certain property
identified as Santa Clara County Assessor Parcel Number 562-08-012, as a critical public
access route to the summit of Mount Umunhum and critical District access to Mount Thayer
in the Sierra Azul Open Space Preserve, with an accompanying 20 foot wide easement
granted back to Mount Umunhum Limited Partnership for access rights across said 40 foot
wide fee strip.
4. The General Manager further recommends that the appropriate amount of funds be
transferred and that funds for immediate possession be allocated.
A two-thirds majority vote of the entire Board of Directors is required to adopt a
Resolution of Need and Necessity.
R-15-167 Page 2
SUMMARY
In order for the District to fully implement its plan to allow the public to access the summit of
Mount Umunhum via vehicular access over Mt. Umunhum Road, expanded easements rights are
required. According to the District’s fair market value appraisal of the required rights, the
acquisition cost will be $380,000.
DISCUSSION
Background
The District acquired the former Almaden Air Force Station from the United States of America
on April 24, 1986 (R-86-20). With this purchase the District also secured an easement for road
purposes over the entirety of Mt. Umunhum Road from Hicks Road to the Summit of Mount
Umunhum (5.4 miles). Although this easement allowed approximately 120 people (military
members, their families and visitors) and numerous supply trucks to utilize Mt. Umunhum Road
to access the Air Force Station the scope of this easement may not allow the District to invite the
public over the road. It is the property owner’s position that the current easement does not allow
the public to drive Mt. Umunhum Road as it crosses their private property. Over the years the
District has purchased a number of properties that Mt. Umunhum Road crosses, and the District
currently owns approximately 70% of the road. There are three private properties that Mt.
Umunhum Road currently crosses, one of which is the subject property owned by Mount
Umunhum Limited Partnership. The proposed acquisition is intended to perfect those rights held
by the District to support the planned use and maintenance of District property.
Since 2010 the District has taken various actions to prepare the summit for public access. Below
is a summary of some of these items:
• In the summer of 2010, the District commenced a number of public and stakeholder
meetings to evaluate opening the summit of Mount Umunhum to the public.
• On October 17, 2012, the District’s Board of Directors approved the project elements of
the Mount Umunhum environmental restoration and public access project (R-12-124).
• The demolition of the all improvements from the former Almaden Air Force Station
(excepting the radar tower) was completed in February of 2014.
• The new 5-mile Mt. Umunhum Trail is currently under construction.
• On July 8, 2015 the Board approved a $308,000 contract with Pavement Engineering
Inc., (R-15-103) to design the roadway improvements to accommodate future public
vehicular access to the summit of Mount Umunhum. (Note that the contract for
construction of these improvements will not be let unless or until the proposed Resolution
of Need and Necessity is approved by the Board.)
• On August 26, 2015, the Board approved the final design development options for the
Mount Umunhum Summit Project (R-15-126).
• The Mount Umunhum Summit, Mt. Umunhum Road and the new Mt. Umunhum Trail
are projected to be open to the public in the fall of 2016.
R-15-167 Page 3
Over the last three years the District has offered, negotiated, discussed and revised a number of
proposals with property owner Mount Umunhum Limited Partnership for public access and
patrol access related to the Project. Despite diligent staff efforts, little progress has been made
toward securing these rights. Most recently, on September 28, 2015, District staff made a
written offer of just compensation to the property owner based upon an appraisal of the fair
market value of the property rights being sought. Again, despite numerous communications and
meetings with the property owners no productive outcomes have been obtained. The property
owner’s largest apparent concern is preventing trespassing on the property, as the property owner
runs a telecommunication business on the property (there are no residences on the property).
This area of the District’s Sierra Azul Preserve is currently signed as closed to the public and it is
patrolled by District Ranger Staff. Over the years the District has offered and completed a
number of items to address the owner’s trespassing concerns such as additional fencing and
gates, signage and citing trespassers within the District’s current roadway easements over the
property. The District is committed to continue negotiations to reach a voluntary acquisition but
the matter is currently at an impasse. Based on the District’s desired schedule to open the
summit of Mount Umunhum to the public in the fall of 2016, the General Manager recommends
that the Board of Directors approve adoption of this resolution to acquire the property rights by
eminent domain. Below are the details for each property right:
General Public Access Easement:
This is a 60-foot wide, non-exclusive easement (30 feet on each side of the center line of the
road) for general public access, drainage, operation, patrol, maintenance, repair, replacement,
emergency access and other related uses. This easement is required for the District to improve
the condition and safety of Mt. Umunhum Road and to allow the public to reach the summit of
Mount Umunhum via vehicular access. The current driving width of Mt. Umunhum Road would
not be significantly expanded beyond its existing width (18-22 feet wide) as part of the District’s
Project. This easement is required for the District to perfect title by resolving the scope of
permitted uses and the width of the easement necessary to support those uses, improving the
condition and safety of Mt. Umunhum Road to allow the public to reach the summit of Mount
Umunhum via vehicular access. Pursuant to the terms of the easement, the District will take on
responsibility for the current road improvements as well as future repair and maintenance to the
road (Mt. Umunhum Road serves as the access route to the property owners’ property).
Patrol and Maintenance Easement:
This is a 60 foot wide non-exclusive easement for District staff, contractors and invitees for
access, patrol, property maintenance, road maintenance, drainage, repair, replacement,
emergency access and other related uses for the road to the District owned Mount Thayer. This
easement is required for the District to properly patrol and secure the Mount Umunhum Summit
Area.
40 Foot Wide Fee Property:
This is a 40 foot wide fee strip area that the District requires in order to have complete control
over the entire area of the former Almaden Air Force Station. It was the District’s and property
owner’s previous understanding that the District owned this property completely, but it was
discovered through adjacent surveying work that this was in error. The District only possesses an
easement over this 40 foot wide strip, and the scope of this easement may not allow the District
to invite the public over this portion of the road. This property is required as it provides access
to both the summits of Mount Umunhum and Mount Thayer. The District intends to
R-15-167 Page 4
concurrently grant a 20 foot wide access easement to the property owner so that the owner may
maintain access to the owner’s adjacent property.
FISCAL IMPACT
FY2015–2016 Budget for New Land Purchases:
New Land Purchases Budget $11,000,000.00
Land approved for purchase this year ($8,840,000.00)
Rossetta Property also on this Agenda (pending approval) ($452,225.00)
Mount Umunhum Limited Partnership Property ($380,000.00)
New Land Purchase Budget Remaining $1,327,775.00
The District Controller was consulted on this purchase and has indicated that, considering cash
flow and account balances, funds are available for this property purchase.
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Board Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act and the District’s Land Acquisition
Public Notification Policy as applied to condemnation activities. Additionally, the property
owners’ were notified of the District’s intent to consider the adoption of a Resolution of
Necessity to acquire property rights by eminent domain at least 15 days before the public hearing
pursuant to California Code of Civil Procedure Section 1245.235.
PUBLIC HEARING PROCESS
Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to all persons
whose names and addresses appear on the last equalized County Assessment Roll and any other
persons known to have an interest in the property that a hearing is scheduled for Wednesday
December 9, 2015, at 7:00 pm and thereafter in the Board Room of the Midpeninsula Regional
Open Space District, 330 Distel Circle Los Altos, CA 94022, at which time they may appear to
be heard on the matters referred to in the notice. A list of those persons notified follows:
Mount Umunhum Limited Partnership
Attn: Scott McQueen and Randee McQueen
2633 S. Bascom Avenue
Campbell, CA 95008-5635
In order to initiate an action in eminent domain, the Board of Directors must at this public
hearing find and determine the following:
R-15-167 Page 5
A. That public interest and necessity require the property.
Significant sums of taxpayer dollars, both local and federal, have been invested in acquiring and
improving the Mount Umunhum property for public benefit. Allowing the public access to this
publicly owned asset is in the public interest.
The public has expressed great interest in gaining vehicle and trail access to the summit of
Mount Umunhum since the District acquired the summit area in 1986. In the last five years the
public has expressed strong interest in access to the summit at numerous public workshops,
Board meetings, through the vision planning process, and the passage of voter-approved Measure
AA in June of 2014.
The Public Resources Code allows the District to exercise the power of eminent domain to
acquire property for public parks, public trails, natural areas, and ecological and open space
preserves (Public Resources Code sections 5540, 5541 and 5542). The proposed acquisitions are
consistent with that authority. Acquisition of the property rights will allow for public access and
District patrol to one of the great mountain tops in the Bay Area.
B. That the project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury.
Acquisition of these rights over the existing roadway will allow the District to improve the
condition and safety of the road while opening it to the public in order to give the public access
to a spectacular Bay Area mountain top that is owned and managed for the public’s benefit. The
District’s acquisition will have no adverse impact on any existing use or foreseeable future
development by the property owners. The acquisition will actually improve the owner’s current
access, as the District will upgrade the road and take over responsibility for future maintenance
and repair work.
The property owner has expressed concerns about the security of their remaining property once
Mt. Umunhum Road is open to the public. As a result of this expressed concern, the District has
offered to install additional high quality security fencing and gates in agreed upon locations to
provide additional security for the property owner.
C. That the property sought to be acquired is necessary for the project (CCP Section
1240.030).
Mt. Umunhum Road is the best and preferred access route to allow public vehicular access to the
summit area of Mount Umunhum to ensure that these public lands are accessible to all members
of the public, regardless of their physical ability. Without acquisition of these property rights as
proposed, only hikers, mountain bikers and equestrians would be able to access the summit (via
the trail on District property). This road was originally designed and improved to provide access
and supplies for the 120 occupants, their guests and invitees of the former Almaden Air Force
Base. Access to the road to Mount Thayer is needed in order to allow District patrol and
maintenance staff the ability to fully control the summit area when it is open to the public.
D. That the offer required by Section 7267.2 of the Government Code has been made to the
owner or owners of record or has not been made because the owner cannot be located
R-15-167 Page 6
with reasonable diligence (CCP Section 1245.230).
In a letter dated September 28, 2015, staff made a formal written offer of just compensation to
the owners based on the appraised fair market value ($380,000) of the property rights. The offer
included a full copy of the appraisal. To date the owners have not sought to negotiate the
purchase price with the District.
Upon completion and closing of the hearing, staff recommends that the Board of Directors make
the findings and determinations listed under A, B and C above, make an additional finding that
the offer of just compensation required by Section 7267.2 of the Government Code has been
made to the owners of record, and adopt a Resolution of Necessity to acquire the required
property rights by eminent domain.
All questions raised at this public hearing must be with regard to items (A) through (D) listed
above.
CEQA COMPLIANCE
The District Board of Directors certified the Final Environmental Impact Report for the Project
at its public meeting of June 12, 2012. An Addendum to the Final Environmental Impact Report
has been prepared and will also be considered for approval by the Board at the December 9
meeting.
NEXT STEPS
If the Resolution is approved by the Board, Price, Postel & Parma LLP., will file formal action in
court to secure the property rights. Notwithstanding this process, District staff will continue to
work with and negotiate with the property owners to determine if a settlement is possible.
Attachment(s)
1. Map
2. Resolution of Need and Necessity
Responsible Department Head:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Senior Real Property Agent, Real Property
Contact person:
Allen Ishibashi, Senior Real Property Agent, Real Property
O
d
Ralph's Mountain
2716'
A
White the District strives to use the best ailable digital data
Attachment 1
Patrol a
Maintenance
Easement
(Road to
Mt. Thayer)
McQueen
40 foot wide
fee strip
.' .
this data cjoks not represent a legal surveys and is merely a graphic illustration of geograpfiii features.
Mt. Umunhum
3486'
General Public
Access Easement
Mt. Umunhum Rd)
0
Mt. Umunhum Road April, 2015
Sierra Azut Open Space Preserve
moo Proposed Easements/Fee
Miles
0.25 0.5
Attachment 2
Resolutions/2015/15-_Mt Um Road RON_McQueen 1
RESOLUTION 15-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT DECLARING THE ACQUISITION
OF CERTAIN REAL PROPERTY RIGHTS NECESSARY FOR SIERRA
AZUL OPEN SPACE PRESERVE AND AUTHORIZING THE
ACQUISITION THEREOF AND THE TRANSFER OF FUNDS
THEREFOR AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (MOUNT
UMUNHUM LIMITED PARTNERSHIP: PORTION OF APNS 562-04-014,
562-08-012 AND 562-08-011): SIERRA AZUL OPEN SPACE PRESERVE
The Board of Directors of the Midpeninsula Regional Open Space District (“District”) does
hereby desire to acquire certain real property rights described herein below for District use by the
exercise of the power of eminent domain.
1. A 60 foot wide general public access and drainage easement containing a total of
454,565.98 square feet on that certain property identified as Santa Clara County Assessor
Parcel Numbers 562-04-014 and 562-08-012, as a critical public access route to the
summit of Mount Umunhum in the Sierra Azul Open Space Preserve, as more
particularly described in Exhibit 1 attached hereto and made a part hereof.
2. A 60 foot wide patrol and maintenance easement containing 78,000 square feet on that
certain property identified as Santa Clara County Assessor Parcel Numbers 562-08-012
and 562-08-011, as a critical District access and patrol route to the summit of Mount
Thayer in the Sierra Azul Open Space Preserve, as more particularly described in Exhibit
2 attached hereto and made a part hereof.
3. A 40 foot wide fee strip of property containing 36,220 square feet on that certain property
identified as Santa Clara County Assessor Parcel Number 562-08-012, as a critical public
access route to the summit of Mount Umunhum and critical District access to Mount
Thayer in the Sierra Azul Open Space Preserve, as more particularly described in Exhibit
3 attached hereto and made a part hereof.
4. The acquisition of such rights is required to allow for public and patrol access to the
summit of Mount Umunhum, in connection with the Mount Umunhum Summit Project
(“Project”).
5. Pursuant to Chapter 4, Title 7, Part 3 of the Code of Civil Procedure, written notice of the
intent to consider the adoption of this resolution of necessity was sent on November 20,
2015 to the record owners of the above-referenced property.
6. Due consideration of all oral and documentary evidence introduced has been given.
Now, therefore, by vote of 2/3 or more of its members, the Board of Directors of the District
does find and resolve as follows:
1. The findings and declarations contained in this resolution are based upon the record
before the Board of Directors of the District at its public meetings with respect to the
Attachment 2
Resolutions/2015/15-_Mt Um Road RON_McQueen 2
Project of December 9, 2015, and its public meetings of June 12, 2012, July 18, 2012,
September 19, 2012, October 17, 2012 and August 26, 2015, and the testimony, records
and documents produced at all said meetings, all of which are incorporated by this
reference;
2. The Board of Directors of the District certified a Final Environmental Impact Report for
the Project at its meeting of June 12, 2012. In addition, the Board of Directors of the
District adopted an Addendum to the Final Environmental Impact Report for the Project
at its meeting of December 9, 2015;
3. The real property rights to be acquired are portions of APNs 562-04-014, 562-08-012
and 562-08-011, and are more specifically described in Exhibits 1, 2 and 3 attached
hereto and made a part hereof;
4. The said real property rights are to be acquired for public access, District access, and for
preservation of open space, habitat and natural conditions, pursuant to the authority
granted in California Constitution, Article 1, Section 19; California Public Resources
Code Sections 5540, 5541 and 5542; Title 7, Part 3 of the Code of Civil Procedure;
and other provisions of law;
5. The public interest and necessity require the Project;
6. The Project is planned and located in the manner which will be the most compatible with
the greatest public good and the least private injury;
7. The real property rights described herein are necessary for the Project; and
8. The offer required by Section 7267.2 of the Government Code has been made to the
owner or owners of record;
9. Special counsel, Price Postel & Parma LLP are hereby AUTHORIZED AND
EMPOWERED:
To acquire in the District’s name, by condemnation, the said real property rights in accordance
with the provisions of the eminent domain law, the Code of Civil Procedure and the Constitution
of California; and
To prepare and prosecute in the District’s name such proceedings in the proper court as
are necessary for such acquisition; and
To deposit the probable amount of compensation, based on an appraisal, and to apply to
said court for an order permitting the District to take immediate possession of said property and
to use said property for said District uses and purposes.
This Resolution supersedes any prior Board resolutions, if any, concerning the subject
property.
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on
behalf of the District and in its name, to execute and deliver such documents and to do such acts
as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Attachment 2
Resolutions/2015/15-_Mt Um Road RON_McQueen 3
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ___________, 2015, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
1
PUBLIC ACCESS, CONSTRUCTION, DRAINAGE, PATROL
AND MAINTENANCE EASEMENT
MOUNT UMUNHUM LIMITED PARTNERSHIP
(Mt. Umunhum Road)
A Public Access, Construction, Drainage, Patrol and Maintenance Easement on the
following terms:
RECITALS
A. Mount Umunhum Limited Partnership (“Owner”) is the owner of certain real
property situated in the County of Santa Clara, State of California, and more particularly
described in Exhibit A attached hereto and incorporated herein by this reference, Assessor’s
Parcel Numbers 562-04-014, 562-08-011 and 562-08-012 (“the Owner’s Parcels”).
B. The Midpeninsula Regional Open Space District (“District”) is the owner of
certain real property situated in Santa Clara County, which is immediately adjacent to the
Owner’s Parcels and is commonly known as the Sierra Azul Open Space Preserve, as it currently
exists or may be expanded in the future, as generally depicted in Exhibit B attached hereto and
incorporated herein by this reference (the “District Preserve”).
C. District desires to acquire a perpetual, non-exclusive easement in, over, along, and
through a portion of Owner’s Parcels for District purposes including general public access,
drainage, operation, patrol, maintenance, repair, replacement and emergency access, as more
particularly described in this document (“Roadway Easement”).
D. District also desires to acquire from Owner a perpetual, non-exclusive easement
in, over, along, and through a portion of Owner’s Parcels for District purposes including storm
water drainage, maintenance, repair and replacement of drainage structures (“Drainage
Easement”).
TERMS OF EASEMENT
1. Public Access, Drainage, Construction, Patrol and Maintenance Easement.
(a) Roadway Easement Scope and Description. A perpetual, non-exclusive
easement over a roadway commonly known as Mt. Umunhum Road (“Roadway Easement”) as
set forth in this Section 1 as appurtenant to the District Preserve as it currently exists or may be
expanded in the future for general public access (vehicular driving, hiking, bicycling and
equestrian use), drainage, operation, patrol, maintenance, repair, replacement, emergency access,
and other related uses in, on, over, along, and through a portion of Owner’s Parcels. A legal
description and plat map of the Roadway Easement is included in Exhibit C attached hereto and
incorporated by this reference.
2
(b) Drainage Easement Scope and Description. A perpetual, non-exclusive
easement in, over, across and through that certain real property described in Exhibit D attached
hereto and made a part hereof, for drainage of storm water and construction, operation and
maintenance of drainage facilities, including but not limited to culverts, water energy
disbursement features and drainage pipelines (“Drainage Easement”). The Roadway Easement
and the Drainage Easement will collectively hereinafter be referred to as “the Easements.”
(c) Term. The term of the Easements shall be perpetual as long as the District
Preserve is used for public open space and park purposes in accordance with Public Resources
Code section 5500 et seq.
(d) Construction. District shall perform and be financially responsible for all
construction and upgrade work to Mt. Umunhum Road within the Easements. Such construction
and upgrade work shall include, but not be limited to road resurfacing, slope stability, drainage
improvements, and safety improvements (“Roadway and Drainage Improvements”).
During construction of the Roadway and Drainage Improvements, Owners shall
provide District and/or its contractor with reasonable access to the portions of Owner’s parcels
immediately adjacent to the Easements, as are reasonably necessary to allow construction of the
Roadway and Drainage Improvements, without further consideration paid. Any damage
occurring to Owner’s Parcels as a result of such entry shall be repaired by District and/or its
contractor.
For future construction, repair or maintenance of Mt. Umunhum Road within the
Easements, Owner shall provide District and/or its contractor with reasonable access to the
portions of Owner’s Parcels immediately adjacent to the Easements, as are reasonably necessary
to allow the District to repair and maintain the Roadway and Drainage Improvements within the
Easements, without further consideration paid.
(e) Installation/Relocation of Gates. District shall have the right to install new
gates within the Roadway Easement, and to remove or relocate any gates existing in the
Roadway Easement as of December 9, 2015, with the caveat that District shall take into
consideration, and make reasonable efforts to accommodate, any access or security concerns
raised by Owner. To assist Owner in addressing access and security issues on Owner’s property,
District will construct a gate and associated fencing for Owner’s exclusive use in the location
specified in Exhibit E, attached hereto and incorporated by this reference (“Owner’s Gate and
Fencing”). District shall consult with Owner in good faith regarding the design of Owner’s Gate
and Fencing. Owner will be solely responsible for maintaining Owner’s Gate and Fencing after
its installation. District may replace or upgrade the existing yellow gate (“Gate SA13”) in either
its existing location or in an alternate location. District shall consult with Owner in good faith
regarding the design and location of any replacement or upgrade Gate SA13, but the design and
location of Gate SA13 is subject to final approval of District. Owner shall not install any other
gate within the Easements.
(f) Road Repair and Maintenance. District shall be responsible for repairing
and maintaining Mt. Umunhum Road, including the Roadway and Drainage Improvements,
within the Easements along with all other District installed improvements within the Easements,
3
such as gates, fencing, slope, drainage and safety improvements, excepting Owner’s Gate and
Fencing. Any damage occurring to Mt. Umunhum Road caused by Owner or Owner’s
contractors, agents or invitees’ use of said road, however, shall be repaired by Owner.
(g) Operation of Gates. Gate SA13 shall remain open during public use
hours established for the public’s access to Mt. Umunhum; otherwise, Gate SA13 shall be
closed. Owner and/or its tenants or invitees shall have keys allowing Gate SA13 to be opened
for access during non-public hours, but Gate SA13 shall be opened during such hours only to
allow vehicular passage and shall otherwise be closed and locked. Owner shall have exclusive
use of Owner’s Gate and Fencing, and District shall not be provided with any keys thereto.
(h) Posting Signs. District shall post a sign at Gate SA13 and at any other
driveway intersections within the Roadway Easement, notifying the public that entry onto
Owner’s private lands off the Easements is strictly forbidden. District will consult with Owner
regarding the design and contents of such sign(s), but final approval of the design, content and
placement of the sign(s) is subject to the District’s approval.
(i) Non-Exclusive Use. The Easements shall be non-exclusive, and Owner
may make use of the area within the Roadway Easement for vehicular ingress and egress (subject
to requirements regarding use of Gate SA13 set forth in subsection (g) above) as long as such use
does not unreasonably interfere with the Easements or their intended purposes.
(j) Non-Permitted Uses.
(1) Owner shall have no right to install or maintain any video, lighting
or audio surveillance equipment within the Easements. District shall reimburse Owner up to
$10,000 to relocate any such equipment now installed within the Roadway Easement. To obtain
such reimbursement, Owner shall provide District with itemized written proof of Owner’s actual
expenses incurred to make such relocation.
(2) Other than as provided herein, Owner shall not have the right to
install any gates, signage or fencing within the Easements without the District’s written consent.
(3) The general public shall not be permitted to park any motor
vehicles within the Easements (unless under an emergency situation).
2. Requirements of Law. District shall comply with all present and future laws, rules,
orders, ordinances, regulations, statutes, requirements, codes, and executive orders (collectively,
“Laws”) of all governmental authorities now existing or hereafter created affecting the
Easements granted herein, or uses thereof,
3. As-Is Conveyance. District agrees and acknowledges that Owner has made no
representations or warranties as to the condition of the area contained in the Easements or its
suitability for District’s purposes. Neither Owner nor anyone acting for or on behalf of Owner
has made any representation, statement, warranty or promise to District concerning the physical
aspects or condition of the Easements including, without limitation, conditions of the soil, land
use restrictions, existence or non-existence of “Hazardous Materials” or suitability for the
4
purpose for which District plans on using the Easements. District specifically acknowledges that
it is acquiring the Easements in their “As-Is” physical condition and “As-Is” state of repair of the
Easements. For purposes of this document, “Hazardous Materials” includes, without limitation,
any flammable materials, explosive, hazardous or toxic substances, or related materials defined
in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
now or hereafter amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials
Transportation Act, as now or hereafter amended (49 U.S.C. Sections 1801, et seq.), the
Resource Conservation and Recovery Act (42 U.S.C. Sections 9601, et seq.), and in the
regulations promulgated pursuant thereto, or any other similar federal, state or local government
law, ordinance, rule or regulation. However, Owner shall be solely and completely responsible
for responding to and complying with any administrative notice, order, request or demand, or
third party claim or demand, relating to potential or actual Hazardous Materials contamination
on, in, or under the Easements, including all costs of remediation and clean up, except when such
contamination was caused solely by District.
4. Liability and Indemnification.
(a) District will indemnify, defend and hold harmless Owner, and its heirs,
successors and assigns, from and against any and all third party claims, demands, damages,
actions and causes of action (hereinafter, “Claims”), asserted by any and all third parties, persons
or entities including, without limitation those asserted by employees, agents, invitees of District
(including members of the general public using Mt. Umunhum Road within the Roadway
Easement) or guests of District and its contractors, subcontractors and/or consultants, including
without limitation Claims for personal injuries, wrongful death, mental or emotional distress,
loss of consortium, damage to real, personal and/or intangible property, and financial, monetary
or pecuniary loss or expenses of any kind or character whatsoever, that are or may be caused or
contributed to by the construction, reconstruction, maintenance, or use of the Easements by
District’s contractors, guests or invitees. Excluded from this indemnification are any harms
arising from any conduct, physical hazards or dangerous conditions created or actively
contributed to by Owner or its business customers, agents, guests or other of its invitees.
(b) Owner will protect, indemnify, defend, and hold District, its officers, directors,
employees, volunteers, or agents, harmless from and against any and all loss, liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses (including, without
limitation, reasonable attorneys’ fees and all costs, disbursements and expense of legal counsel)
imposed upon or incurred by or asserted against District caused by or arising from Owner’s use
of the Roadway Easement.
5. Notice. All notices, demands, consents, requests, approvals, disapprovals, designations
or other communications (all of the foregoing hereinafter referred to as “notice”) that any Party
hereto gives to any other Party shall be in writing and shall be deemed to have been properly
given if (a) served personally, or (b) mailed, when deposited with the United States Postal
Service within the boundaries of the continental United States for registered or certified delivery,
return receipt requested, with postage prepaid, or (c) sent by overnight courier, postage prepaid,
in each case addressed to the applicable recipient as follows:
5
If to Owner: Mount Umunhum Limited Partnership
Attn: Scott McQueen/Randee McQueen
2633 S. Bascom Avenue
Campbell, CA 95008-5635
Telephone: (408) 377-2900
Facsimile: (408) 559-7684
With a copy to: Logan & Powell, LLP
Attn: Kirsten Powell
15466 Los Gatos Boulevard, Suite 109
Los Gatos, CA 95032
Telephone: (408) 402-9542
Facsimile: (408) 402-8441
If to District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attn: Real Property Manager
Telephone: (650) 691-1200
Facsimile: (650) 691-0485
6. Miscellaneous
(a) Dispute Resolution. The Parties, on behalf of themselves and their
respective officers, directors, employees, agents, successors and assigns, agree that if they cannot
resolve any dispute or claim between themselves, before resorting to judicial remedy, they will in
good faith attempt to resolve any such dispute or claim through non-binding mediation.
Mediation shall be initiated by presentation of a statement of dispute, with reasons therefore, to
the other party in writing, with a request for mediation. Within 14 days of receipt of the request,
the party receiving the request shall respond to the request and propose a list of experienced and
appropriately qualified mediators from which to choose, and a proposed schedule for conducting
the mediation promptly to attempt to address the concerns raised.
(b) Captions. The captions of this document are inserted only as a matter of
convenience and for reference. They do not define, limit or describe the scope or intent of this
document and they shall not affect the interpretation hereof.
(c) Exhibits. Each of the Exhibits referenced in this document is attached
hereto and incorporated herein.
(d) Amendment. This document may be amended only by an instrument in
writing executed by the Parties hereto or their successors and assigns.
6
(e) Written Consent Required. Whenever a Party is requested to consent or to
approve of any matter with respect to which its consent or approval is required by this document,
such consent or approval shall be given in writing.
(f) Further Assurances. The Parties shall execute such further documents and
instruments as may reasonably be required from time to time by the other Party to effectuate and
carry out the provisions hereof and to take such further actions as may reasonably be required to
give the terms hereof full force and effect for the benefit of the Parties.
(g) Attorney’s Fees. In the event that either Party shall institute any action or
proceeding against any other Party hereto to enforce, interpret or seek damages for breach of any
of the terms, provisions or conditions of this document, then the prevailing Party in any such
action or proceeding shall be entitled to recover from the other Party the reasonable attorney’s
fees and costs incurred by the prevailing Party in the prosecution or defense of any such action or
proceeding.
(h) Terms Run with the Land. The Easements, terms, covenants and
conditions herein contained shall run with the land and be binding upon and inure to the benefit
of the successors and assigns of the Parties hereto pursuant to California Civil Code
Section 1468.
(i) Severability. If any provision of this document shall to any extent be
invalid or unenforceable, the remainder of this document (or the application of such provision to
persons or circumstances other than those in respect of which it is invalid or unenforceable) shall
not be affected thereby, and each provision of this document, unless specifically conditioned
upon such invalid or unenforceable provision shall be valid and unenforceable to the fullest
extent permitted by law.
(j) Governing Law. This document shall be construed and governed in
accordance with the laws of the State of California.
Page 1 of 5
ORDER NO. : 0626021492-BC
EXHIBIT A
The land referred to is situated in the unincorporated area of the County of Santa Clara, State
of California, and is described as follows:
Parcel One:
The Northeast quarter (NE ¼) of Section 18, in Township 9 South, Range 1 East, Mount Diablo
Base and Meridian containing approximately 160 acres according to the Plat of the Survey made
by the United States of America.
EXCEPTING THEREFROM, all gas, oil and other hydrocarbon substances and mineral rights.
Together with the right of co-use of the roads, as provided for in the Deed from Loren R.
McQueen, husband and wife, to United States of America, dated October 4, 1956 and recorded
October 29, 1956 in Book 3642 Official Records, Page 46, as reserved in said Deed.
APN: 562-04-014
Parcel Two:
The North half (N ½) of Lot 4 and the North half (N 1/2) of the Southeast quarter (SE 1/4) of
the Northwest quarter (NW 1/4) of Section 18 in Township 9 South, Range 1 East, Mount Diablo
Base and Meridian, containing approximately 40 acres according to the Plat of Survey made by
the United States of America.
EXCEPTING THEREFROM a strip of land 100 feet wide, along the Southerly line of the above
described Parcel more particularly described as follows:
Beginning at the Southwest corner of the North one-half (N ½) of said Lot 4 of said Section 18;
thence North along the Westerly line thereof, 100 feet to a point; thence Easterly and parallel
with the South line of said North half (N 1/2) of said Lot 4, and the North half of Southeast
quarter (SE 1/4) of said Section 18 to a point in the Easterly line of said Southeast quarter of
said Section 18; thence South along the Easterly line of said Southeast quarter (SE ¼) 100 feet
to the Southeast corner of the North half (N/12) of Southeast quarter; thence Westerly along
the South line of North half (N1/2) of said Southeast quarter (SE ¼) and the North half (N 1/2)
of said Lot 4 to the point of beginning.
APN: 562-04-013
ALSO EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances and mineral
rights.
(We note, but do not insure) the right of way for the benefit of Parcels Two and Three over any
and all lands described in the Agreement of Partition by and between B. Ernet Tittel, dated
November 21, 1895 and recorded December 7, 1895 in Book 2 of Miscellaneous Records, Page
227, by and road existing upon the common lands or any part thereof as granted and provided
Page 2 of 5
for in the Deed from B. Ernet Tittel, et al, to Wilhelmine Huber dated November 21, 1895 and
recorded January 22, 1896 in Book 187 of Deeds, Page 157, and in Deeds of various parcels of
said common property.
(When drawing papers, it portion in brackets and substitute thereof the words “Together with”)
(We also note, but do not insure) all those certain rights to water reserved in the Agreement by
and between John Utaching and F.W. Huber and the right of way for road over the land of John
Utaching as provided for in the Deed from F.W. Huber to William E. Tucker, dated December 3,
1914 and recorded March 8, 1917 in Book 433 of Deeds, page 314, and granted in the Deed
from William E. Tucker to Florence Medcalf, a single woman dated November 22, 1948 and
recorded January 24, 1949 in Book 1733 of Official Records, Page 492.
(When drawing papers, omit portion in brackers and substitute therefore the words “Also
Together With”)
Parcel Three:
Northeast ¼ of Northwest ¼ of Section 18, Township 9 South, Range 1 East, M.D.B. & M.
Parcel Four:
Lot 6 of Section 7 and the most Easterly 10 acres of Lot 5 of Section 7, all in Township 9 South
of Range 1 East, M.D.B. & M. Said Easterly 10 acres of Lot 5 being a strip containing 10 acres
extending along the whole length of the Easterly line of said Lot 5 and bounded by said Easterly
line, by the Northerly and Southerly line of said Lot 5 and on the West by a line running from
said Northerly line to said Southerly line and running parallel to said Easterly line, the whole
tract herein described.
Containing approximately 50 49/100 acres.
EXCEPTING THEREFROM so much thereof as described in the Deed from Loren R. McQueen
and Marjorie W. McQueen, husband and wife, to The United States of America, dated August
27, 1957 and recorded October 10, 1957 in Book 3910 Official Records, page 173, and in the
Deed from Loren R. McQueen and Marjorie W. McQueen, husband and wife, to The United
States of America, Dated November 21, 1958 and recorded December 8, 1958 in Book 4252
Official Records, Page 610, as follows:
Commencing at the South one-quarter corner of said Section 7, Township 9 South, Range 1
East, MDM.,
thence along the North-South centerline of said Section 7, North 5° 15' 01” West 993.65 feet to
a point;
thence leaving said North-South centerline, South 80° 14' 45” West 201.58 feet to a point;
thence South 15° 00' 00” West 186.82 feet to the centerline of an existing road known as
“Loma-Almaden Road”;
thence continuing South 15° 00' 00” West 24.05 feet to a point on the Southerly line of said
Loma-Almaden Road, said point being 20 feet, measured at right angles, from the centerline of
said Loma-Almaden Road and in the true point of beginning;
thence from the true point of beginning, South 15° 00; 00” West 425.81 feet to a point;
thence South 100.00 feet to a point;
Page 3 of 5
thence West 1000 feet to a point;
thence North 325.00 feet to a point;
thence West 194.00 feet to a point;
thence North 316.04 feet to a point on the corps of Engineers traverse line;
thence along said traverse line the following courses;
North 33° 42' 39” East 27.10 feet, North 58° 58' 53” East 199.62 feet;
South 69° 55' 15” East 101.77 feet; South 31° 25' 37” East 100.77 feet and South 49° 29' 22”
East 97.24 feet;
thence leaving said Engineers Traverse line East 107.16 feet;
thence North 315.00 feet to a point;
thence North 80° 14' 45”East 170.14 feet to a point on the Westerly line of aforesaid Loma
Almaden Road; said point bears South 80° 14' 45” West 24.00 feet from the centerline of said
Loma-Almaden Road;
thence along the Westerly and Southerly line of said Loma-Almaden Road and being parallel to
and 20 feet distant from the centerline, the following courses and distances:
Southwesterly on a curve to the right, the center of which bears North 62° 08' 59” West, with a
radius of 90.00 feet, through an angle of 30° 08' 59”, for a distance of 47.36 feet;
thence South 58° 00' West 45.00 feet;
thence on a curve to the left with a radius of 70.00 feet, through an angle of 134° for a
distance of 163.71 feet;
thence South 76° 00' East 227.41 feet; thence on a curve to the right with a radius of 180.00
feet, through an angle of 24° for a distance of 75.40 feet;
thence South 52° 00' East 100.93 feet;
thence on a curve to the left with a radius of 120.00 feet, through an angle of 44° for a
distance of 92.15 feet;
thence North 84° 00' East 105.18 feet;
thence on a curve to the left with a radius of 220.00 feet, through an angle of 12° 44' for a
distance of 48.89 feet;
thence North 71° 16' East 19.23 feet to the point of beginning.
Containing approximately 15.035 acres.
Note: (Bearings and coordinates used in this description are based on the State of California
Plane Coordinate System, Zone III, California, as described in the U. S. Coast and Geodetic
Survey Publication No. 253 and based locally on the U. S. Coast and Geodetic Survey
Triangulation Station “Thayer 1947” and a corps of Engineers Triangulation Station “Hum”)
Commencing at the South one-quarter corner of said Section 7, Township 9 South, Range 1
East, MDM, thence along the North-South centerline of said Section 7, North 5°15' 01” West
993.65 feet to the true point of beginning; thence from the true point of beginning South 80°
14' 45” West 201.58 feet to a point; thence South 15° 00' 00” West 162.77 feet to a point on
the Northerly line of an existing road known as “Loma-Almaden Road,” the centerline of said
Loma-Almaden Road bears South 15° 00' 00” West 24.05 feet; thence along the Northerly and
Easterly line of said Loma-Almaden Road, and being parallel to and 20 feet distant from the
centerline the following courses and distances:
South 71° 16' West 45.93 feet; thence on a curve to the right with a radius of 180.00 feet,
through an angle of 12° 44' for a distance of 40.00 feet; thence South 84° 00' West 105.18
feet; thence on a curve to the right with a radius of 80.00 feet, through an angle of 44° fir a
distance of 61.44 feet; thence North 52° 00' West 100.93 feet; thence on a curve to the left
Page 4 of 5
with a radius of 220.00 feet, through an angle of 24° for a distance of 92.15 feet; thence North
76° 00' West 227.41 feet; thence on a curve to the right with a radius of 30.00 feet, through an
angle of 134° for a distance of 70.16 feet; thence North 58° 00' East 45.00 feet, thence on a
curve to the right, with a radius of 130.00 feet for a distance of 98.02 feet; thence leaving the
Easterly line of said “Loma-Almaden Road” North 80° 14' 45” East 92.45 feet to the point;
Thence North 63° 26' 06” West 273.46 feet to a point;
Thence North 26° 33' 54” East 50.00 feet to a point;
Thence South 63° 26' 06” East 341.48 feet to a point;
Thence North 80° 14' 45” East 592.71 feet to a point on the North-South centerline of said
Section 7, thence along the North-South centerline of said Section 7, South 5° 15' 01” East
234.37 feet to the point of beginning.
Containing approximately 5.996 acres.
Note: Bearings and coordinates used in this description are based on the State of California
Plane Coordinate System, Zone III, California, as described in the U.S. Coast and Geodetic
Survey Publication No. 253 and based locally on a U. S. Coast and Geodetic Survey
Triangulation Station “Thayer 1947” and a Corps of Engineers Triangulation Station “Hum”.
ALSO EXCEPTING THEREFROM from Parcel Five the Parcel of land conveyed to the United
States of America and its assigns by instrument recorded August 3, 1965 in Book 7069 of
Official Records, Page 122, described as follows:
All that real property situated in the County of Santa Clara, State of California, being a portion
of Section 7, Township 9 South, Range 1 East, Mount Diablo Meridian, being more particularly
described as follows:
Commencing at the South quarter corner of said Section 7, Township 9 South, Range 1 East,
Mount Diablo Meridian, thence North 89° 20' 39” West 861.11 feet, thence North 29° 44' 30”
East 263.43 feet; thence West 11.01 feet to a point, said point being the true point of
beginning, thence from said point of beginning, South 29° 44' 30” West 115.47 feet; thence
West 342.87 feet; thence North 100 feet; thence East 400.00 feet to the true point of
beginning.
Containing 0.85 acres, more or less.
Parcel Five:
Lots 3 and 4 of Section 7, Township 9 South, Range 1 East, Mount Diablo Base and Meridian.
APN: 562-08-011
)
))
)
)
)
)
)
)
)
)
)
R i n c o n C re e k
AlamitosCreek
H i nckleyCreek
LosCapitancillosCreek
Guadalupe
Cre
ek
Soquel Creek
LosGato
sCr e e k
H e r b e r t C ree k
B e a nCreek
A
m
a
y
a
C
r
e
e
k
LyndonCyn.Creek
Barre
t
C
re
e
k
B
r
a
nciforteCreek
West
B
r
a
n
c
h
S
o
q
u
e
l
C
r
e
e
k
Carbone ra C r e e k
Mountain
CharlieCr
k
He
s
terCreek
B
urn
s
Creek
L a u relCreek
Bayview St
S
t
a
g
e
C
oachRd
Almaden
Blvd
C ole m an St
C h i q u i t a Rd
O
ld
San
J
o
s
e
R
d
Glenwood
Av
e
Kennedy
R
d
Sum
mitTrl
LomaPrietaWay
£¤35
£¤9
£¤17
Mt. ElSombroso
BaldMountainMt.Umunhum
Mt.Thayer
LomaPrieta
Mt.Chuai
CrystalPeak
Ralph'sMountain
MineHill
ChurchHill
St.Joseph'sHill
PriestRock
M t.Um u n h u mRoa
d HicksRoad
Midpeninsula Regio nalOpen Space District
September, 2015
0 21Miles
(MROSD)
Sierra AzulOpen Space Preserve
Created By: jhawk
Path: G:\Projects\Sierra_Azul\Regional\SA_Regional_BW_v.mxd
Sierra Azul Open Space Preserve
Other MROSD Preserves
Highways and Major Roads
Sierra Azu l
Page 1 of 8
Mount Umunhum Road
EASEMENT for Right of Way
That portion of land situated in the unincorporated area of the County of Santa
Clara, State of California, over and across the following described real property:
Lot 6 of Section 7 in Township 9 South of Range 1 East, M.D.B. & M. (As Described
in the QUITCLAIM DEED recorded December 26, 1995 in Book 139 of Official
Records, Page 0434 under Recorder’s Serial Number 13140045)
And,
The Northeast quarter (NE ¼) of Section 18, in Township 9 South, Range 1 East,
Mount Diablo Base and Meridian containing approximately 160 acres according
to the Plat of the Survey made by the United States of America.
More particularly described as:
EASEMENT for RIGHT OF WAY PURPOSES - 1
A strip of land 60.00 feet in width, lying 30.00 on each side of the following
described Centerline:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West a distance of 2669.62 feet;
thence, South 57°13’46” East a distance of 28.38 feet to the South one-quarter
corner of said Section 7 as on the Record of Survey filed January 29, 2015 in Book
880 of maps, at page 48 to 49, thence along the North-South centerline of said
Section 7, North 4° 56' 26” West 993.65 feet to a point; thence leaving said North-
South centerline, South 80° 33' 20” West 201.58 feet to a point; thence South 15°
18' 35” West 189.14 feet to the existing road known as “Loma-Almaden Road”
being the Point of Beginning;
From the beginning of a curve concave southerly having a radius of 225.00 feet
to which a radial line bears North 16°26'50" West;
Thence,(1)easterly along said curve through a central angle of 24°37'19" an arc
length of 96.69 feet;
Page 2 of 8
Thence,(2)South 81°48'52" East a distance of 25.89 feet to the beginning of a
curve concave southerly having a radius of 300.00 feet;
Thence,(3)easterly along said curve through a central angle of 4°04'56" an arc
length of 21.37 feet to the beginning of a compound curve concave southerly
having a radius of 1490.89 feet;
Thence,(4)easterly along said curve through a central angle of 4°00'52" an arc
length of 104.46 feet to the beginning of a compound curve concave
southwesterly having a radius of 241.06 feet;
Thence,(5)southeasterly along said curve through a central angle of 13°33'58" an
arc length of 57.08 feet to the beginning of a compound curve concave
westerly having a radius of 54.40 feet;
Thence,(6)southerly along said curve through a central angle of 80°30'16" an arc
length of 76.43 feet to the beginning of a compound curve concave
northwesterly having a radius of 91.40 feet;
Thence,(7)southwesterly along said curve through a central angle of 16°15'30"
an arc length of 25.94 feet;
Thence,(8)South 36°36'41" West a distance of 53.98 feet to the beginning of a
curve concave easterly having a radius of 78.34 feet;
Thence,(9)southerly along said curve through a central angle of 111°29'20" an
arc length of 152.43 feet;
Thence,(10)South 74°52'39" East a distance of 13.20 feet to the beginning of a
curve concave southerly having a radius of 829.93 feet;
Thence,(11)easterly along said curve through a central angle of 5°22'37" an arc
length of 77.89 feet to the beginning of a compound curve concave
southwesterly having a radius of 156.79 feet;
Thence,(12)southeasterly along said curve through a central angle of 22°15'56"
an arc length of 60.93 feet to the beginning of a compound curve concave
westerly having a radius of 75.00 feet;
Thence,(13)southerly along said curve through a central angle of 50°55'52" an
arc length of 66.67 feet;
Thence,(14)South 3°41'46" West a distance of 86.12 feet to the beginning of a
curve concave easterly having a radius of 75.00 feet;
Thence,(15)southerly along said curve through a central angle of 24°35'29" an
arc length of 32.19 feet;
Thence,(16)South 20°53'42" East a distance of 55.60 feet to the beginning of a
curve concave westerly having a radius of 352.40 feet;
Thence,(17)southerly along said curve through a central angle of 16°07'13" an
arc length of 99.15 feet to the beginning of a compound curve concave
westerly having a radius of 198.69 feet;
Thence,(18)southerly along said curve through a central angle of 15°41'22" an
arc length of 54.41 feet to the beginning of a reverse curve concave easterly
having a radius of 51.85 feet;
Thence,(19)southerly along said curve through a central angle of 49°58'58" an
arc length of 45.23 feet;
Thence,(20)South 39°04'06" East a distance of 22.82 feet to the beginning of a
curve concave northeasterly having a radius of 92.76 feet;
Page 3 of 8
Thence,(21)southeasterly along said curve through a central angle of 38°12'20"
an arc length of 61.85 feet;
Thence,(22)South 77°16'26" East a distance of 16.97 feet to the beginning of a
curve concave southwesterly having a radius of 113.20 feet;
Thence,(23)southeasterly along said curve through a central angle of 49°31'56"
an arc length of 97.86 feet;
Thence,(24)South 27°44'29" East a distance of 32.37 feet to the beginning of a
curve concave northeasterly having a radius of 164.62 feet;
Thence,(25)southeasterly along said curve through a central angle of 20°08'10"
an arc length of 57.85 feet;
Thence,(26)South 47°52'39" East a distance of 221.89 feet to the beginning of a
curve concave southwesterly having a radius of 374.84 feet;
Thence,(27)southeasterly along said curve through a central angle of 10°30'41"
an arc length of 68.77 feet to the beginning of a compound curve concave
southwesterly having a radius of 300.00 feet;
Thence,(28)southeasterly along said curve through a central angle of 16°47'00"
an arc length of 87.88 feet;
Thence,(29)South 20°34'57" East a distance of 13.17 feet to the beginning of a
curve concave westerly having a radius of 375.00 feet;
Thence,(30)southerly along said curve through a central angle of 6°43'37" an arc
length of 44.03 feet;
Thence,(31)South 13°51'20" East a distance of 76.33 feet to the beginning of a
curve concave westerly having a radius of 1800.00 feet;
Thence,(32)southerly along said curve through a central angle of 0°04'52" an arc
length of 2.55 feet;
Thence,(33)South 13°46'28" East a distance of 64.87 feet to the beginning of a
curve concave westerly having a radius of 525.00 feet;
Thence,(34)southerly along said curve through a central angle of 7°26'28" an arc
length of 68.18 feet;
Thence,(35)South 6°20'00" East a distance of 31.98 feet to the beginning of a
curve concave easterly having a radius of 1125.00 feet;
Thence,(36)southerly along said curve through a central angle of 3°23'45" an arc
length of 66.68 feet;
Thence,(37)South 9°43'45" East a distance of 27.01 feet to the beginning of a
curve concave easterly having a radius of 1350.00 feet;
Thence,(38)southerly along said curve through a central angle of 3°23'30" an arc
length of 79.91 feet;
Thence,(39)South 13°07'15" East a distance of 50.69 feet to the beginning of a
curve concave westerly having a radius of 150.00 feet;
Thence,(40)southerly along said curve through a central angle of 6°55'50" an arc
length of 18.14 feet;
Thence,(41)South 6°11'24" East a distance of 42.59 feet to the beginning of a
curve concave westerly having a radius of 675.00 feet;
Thence,(42)southerly along said curve through a central angle of 8°13'19" an arc
length of 96.86 feet;
Thence,(43)South 2°01'55" West a distance of 20.56 feet to the beginning of a
Page 4 of 8
curve concave westerly having a radius of 300.00 feet;
Thence,(44)southerly along said curve through a central angle of 11°42'11" an
arc length of 61.28 feet;
Thence,(45)South 13°44'05" West a distance of 4.49 feet to the beginning of a
curve concave easterly having a radius of 450.00 feet;
Thence,(46)southerly along said curve through a central angle of 16°42'46" an
arc length of 131.26 feet;
Thence,(47)South 2°58'40" East a distance of 19.60 feet to the beginning of a
curve concave westerly having a radius of 75.00 feet;
Thence,(48)southerly along said curve through a central angle of 22°13'09" an
arc length of 29.08 feet;
Thence,(49)South 19°14'29" West a distance of 32.72 feet to the beginning of a
curve concave northwesterly having a radius of 113.76 feet;
Thence,(50)southwesterly along said curve through a central angle of 23°12'26"
an arc length of 46.08 feet to the beginning of a reverse curve concave
southeasterly having a radius of 98.25 feet;
Thence,(51)southwesterly along said curve through a central angle of 30°04'26"
an arc length of 51.57 feet;
Thence,(52)South 12°22'29" West a distance of 41.33 feet to the beginning of a
curve concave easterly having a radius of 382.91 feet;
Thence,(53)southerly along said curve through a central angle of 12°13'46" an
arc length of 81.73 feet to the beginning of a compound curve concave easterly
having a radius of 75.39 feet;
Thence,(54)southerly along said curve through a central angle of 41°23'52" an
arc length of 54.47 feet;
Thence,(55)South 41°15'08" East a distance of 18.31 feet to the beginning of a
curve concave northeasterly having a radius of 95.77 feet;
Thence,(56)southeasterly along said curve through a central angle of 17°07'02"
an arc length of 28.61 feet;
Thence,(57)South 58°22'11" East a distance of 88.02 feet to the beginning of a
curve concave northerly having a radius of 163.44 feet;
Thence,(58)easterly along said curve through a central angle of 19°11'21" an arc
length of 54.74 feet;
Thence,(59)South 77°33'32" East a distance of 48.31 feet to the beginning of a
curve concave southwesterly having a radius of 138.00 feet;
Thence,(60)southeasterly along said curve through a central angle of 37°46'16"
an arc length of 90.97 feet;
Thence,(61)South 39°47'15" East a distance of 31.96 feet to the beginning of a
curve concave northeasterly having a radius of 104.05 feet;
Thence,(62)southeasterly along said curve through a central angle of 53°56'40"
an arc length of 97.96 feet;
Thence,(63)North 86°16'04" East a distance of 23.05 feet to the beginning of a
curve concave northerly having a radius of 308.79 feet;
Thence,(64)easterly along said curve through a central angle of 14°05'10" an arc
length of 75.92 feet to the beginning of a reverse curve concave southerly
having a radius of 225.00 feet;
Page 5 of 8
Thence,(65)easterly along said curve through a central angle of 34°01'27" an arc
length of 133.61 feet to the beginning of a reverse curve concave northerly
having a radius of 379.69 feet;
Thence,(66)easterly along said curve through a central angle of 4°22'48" an arc
length of 29.03 feet;
Thence,(67)South 78°10'27" East a distance of 46.49 feet to the beginning of a
curve concave southerly having a radius of 75.00 feet;
Thence,(68)easterly along said curve through a central angle of 6°00'58" an arc
length of 7.88 feet;
Thence,(69)South 72°09'29" East a distance of 15.17 feet to the beginning of a
curve concave southwesterly having a radius of 124.04 feet;
Thence,(70)southeasterly along said curve through a central angle of 31°07'55"
an arc length of 67.40 feet;
Thence,(71)South 41°01'34" East a distance of 6.29 feet to the beginning of a
curve concave southwesterly having a radius of 1350.00 feet;
Thence,(72)southeasterly along said curve through a central angle of 1°31'59"
an arc length of 36.12 feet;
Thence,(73)South 39°29'35" East a distance of 79.17 feet to the beginning of a
curve concave westerly having a radius of 208.89 feet;
Thence,(74)southerly along said curve through a central angle of 36°57'44" an
arc length of 134.76 feet;
Thence,(75)South 2°31'51" East a distance of 208.37 feet to the beginning of a
curve concave easterly having a radius of 310.94 feet;
Thence,(76)southerly along said curve through a central angle of 10°39'29" an
arc length of 57.84 feet to the beginning of a reverse curve concave westerly
having a radius of 177.00 feet;
Thence,(77)southerly along said curve through a central angle of 40°37'53" an
arc length of 125.52 feet;
Thence,(78)South 27°26'33" West a distance of 34.04 feet to a point on the
Southerly Line of the Northeast quarter (NE ¼) of Section 18, in Township 9 South,
Range 1 East, Mount Diablo Base and Meridian,and Referenced in this
document as “Point A”;.
The sidelines of said strip shall be prolonged or shortened so as to begin and
terminate at the easterly and northerly lines of said property.
(Containing 233,886.3 Square Feet – 5.37 Acres)
And,
EASEMENT for RIGHT OF WAY PURPOSES – (2)
A strip of land 60.00 feet in width, lying 30.00 on each side of the following
described Centerline:
Page 6 of 8
Commencing at a point on the Southerly of the Northeast quarter (NE ¼) of Section
18, in Township 9 South, Range 1 East, Mount Diablo Base and Meridian
Referenced in this document previously as “Point A”; thence along said Southerly
line South 88°41'06" East a distance of 254.64 feet to the Point of Beginning;
Along a curve concave easterly having a radius of 115.70 feet to which a radial
line bears North 80°48'37" West;
Thence,(1)northerly along said curve through a central angle of 0°46'39" an arc
length of 1.57 feet;
Thence,(2)North 9°56'54" East a distance of 46.30 feet to the beginning of a curve
concave westerly having a radius of 160.87 feet;
Thence,(3)northerly along said curve through a central angle of 16°21'50" an arc
length of 45.95 feet;
Thence,(4)North 6°24'56" West a distance of 25.21 feet to the beginning of a
curve concave easterly having a radius of 135.54 feet;
Thence,(5)northerly along said curve through a central angle of 54°17'29" an arc
length of 128.43 feet;
Thence,(6)North 47°52'33" East a distance of 49.87 feet to the beginning of a
curve concave northwesterly having a radius of 138.72 feet;
Thence,(7)northeasterly along said curve through a central angle of 34°56'44" an
arc length of 84.61 feet;
Thence,(8)North 12°55'49" East a distance of 22.16 feet to the beginning of a
curve concave southeasterly having a radius of 137.09 feet;
Thence,(9)northeasterly along said curve through a central angle of 24°26'16" an
arc length of 58.47 feet;
Thence,(10)North 37°22'05" East a distance of 63.26 feet to the beginning of a
curve concave westerly having a radius of 126.58 feet;
Thence,(11)northerly along said curve through a central angle of 58°48'28" an arc
length of 129.92 feet;
Thence,(12)North 21°26'23" West a distance of 27.78 feet to the beginning of a
curve concave southwesterly having a radius of 214.73 feet;
Thence,(13)northwesterly along said curve through a central angle of 14°41'57"
an arc length of 55.09 feet to the beginning of a reverse curve concave easterly
having a radius of 79.10 feet;
Thence,(14)northerly along said curve through a central angle of 98°55'29" an arc
length of 136.58 feet;
Thence,(15)North 62°47'10" East a distance of 72.03 feet to the beginning of a
curve concave northwesterly having a radius of 235.74 feet;
Thence,(16)northeasterly along said curve through a central angle of 12°09'41"
an arc length of 50.04 feet;
Thence,(17)North 50°37'28" East a distance of 156.44 feet to the beginning of a
curve concave westerly having a radius of 137.64 feet;
Thence,(18)northerly along said curve through a central angle of 64°03'36" an
arc length of 153.89 feet;
Thence,(19)North 13°26'08" West a distance of 11.76 feet to the beginning of a
curve concave westerly having a radius of 149.47 feet;
Page 7 of 8
Thence,(20)northerly along said curve through a central angle of 14°33'20" an
arc length of 37.97 feet;
Thence,(21)North 27°59'28" West a distance of 40.31 feet to the beginning of a
curve concave easterly having a radius of 210.32 feet;
Thence,(22)northerly along said curve through a central angle of 28°46'54" an
arc length of 105.65 feet;
Thence,(23)North 0°47'26" East a distance of 33.14 feet to the beginning of a
curve concave easterly having a radius of 656.27 feet;
Thence,(24)northerly along said curve through a central angle of 9°07'20" an arc
length of 104.49 feet;
Thence,(25)North 9°54'46" East a distance of 27.27 feet to the beginning of a
curve concave easterly having a radius of 506.40 feet;
Thence,(26)northerly along said curve through a central angle of 3°15'55" an arc
length of 28.86 feet;
Thence,(27)North 13°10'40" East a distance of 5.92 feet to the beginning of a
curve concave easterly having a radius of 867.20 feet;
Thence,(28)northerly along said curve through a central angle of 10°20'03" an
arc length of 156.41 feet;
Thence,(29)North 23°30'44" East a distance of 154.02 feet to the beginning of a
curve concave southeasterly having a radius of 395.69 feet;
Thence,(30)northeasterly along said curve through a central angle of 9°53'05" an
arc length of 68.27 feet to the beginning of a reverse curve concave westerly
having a radius of 85.46 feet;
Thence,(31)northerly along said curve through a central angle of 32°38'40" an
arc length of 48.69 feet;
Thence,(32)North 0°45'08" East a distance of 30.65 feet to the beginning of a
curve concave westerly having a radius of 160.64 feet;
Thence,(33)northerly along said curve through a central angle of 14°58'43" an arc
length of 42.00 feet;
Thence,(34)North 14°13'35" West a distance of 35.61 feet to the beginning of a
curve concave southeasterly having a radius of 70.14 feet;
Thence,(35)northeasterly along said curve through a central angle of 151°40'08"
an arc length of 185.66 feet to the beginning of a compound curve concave
southwesterly having a radius of 197.96 feet;
Thence,(36)southeasterly along said curve through a central angle of 31°39'37"
an arc length of 109.39 feet;
Thence,(37)South 10°53'50" East a distance of 70.92 feet to the beginning of a
curve concave westerly having a radius of 312.72 feet;
Thence,(38)southerly along said curve through a central angle of 36°24'58" an arc
length of 198.76 feet to the beginning of a compound curve concave
northwesterly having a radius of 541.40 feet;
Thence,(39)southwesterly along said curve through a central angle of 11°07'37"
an arc length of 105.14 feet to the beginning of a reverse curve concave
northeasterly having a radius of 85.02 feet;
Thence,(40)southeasterly along said curve through a central angle of 173°23'44"
an arc length of 257.29 feet;
Page 8 of 8
Thence,(41)North 43°15'01" East a distance of 11.73 feet to the Easterly line of the
Northeast quarter (NE ¼) of Section 18, in Township 9 South, Range 1 East, Mount
Diablo Base and Meridian.
The sidelines of said strip shall be prolonged or shortened so as to begin and
terminate at the Easterly and Southerly lines of said property.
(Containing 190,599.68 Square Feet – 4.38 Acres)
END OF DESCRIPTION
Signature
Date September 18, 2015
This real property description has been prepared by me,
or under my direction, in conformance with the
Professional Land Surveyors Act.
No.7835
BARAK
J. MILES
SECTION CORNER PER
723 M 11 (1999)
DE-3
DE-1
DE-4
DE-5
DE-2
DE-6DE-7
DE-8
DE-9
DE-10
DE-11
DE-12
DE-13DE-14DE-15
DE-16DE-17
DE-18
DE-19
DE-20
DE-21
DE-22
DE-23
DE-24
DE-25
DE-26
DE-27
562-08-012
SEE RECORD OF SURVEY
BOOK 880 PAGE 48-49
SANTA CLARA COUNTY
(233,886.3 Square Feet)
(5.37 Acres)
LAND OF McQueen
562-04-014
McQueen
562-04-013
McQueen
LAND OF MROSP
562-08-004
LAND OF MROSP
562-08-007
N88°52'10"W
2669.62
(190,599.68 Square Feet)
(4.38 Acres)
POINT "A"
P.O.B.
N
north
P.O.B.
PO BOX 1383, San Luis Obispo, CA 93406
Mount Umunhum Road
60' WIDE TYPICAL
MT.
UMUNHUM
ROAD
ROAD EASEMENT -2
SEC. 7 T.9 SOUTH
R. 1 EAST, MDB & M
SEC. 18 T.9 SOUTH
R. 1 EAST, MDB & M
ROAD EASEMENT -1
www.geo-west.com 805.461.5560
Page 1 of 12
DRAINAGE EASEMENT
That portion of land situated in the unincorporated area of the County of Santa
Clara, State of California, over and across the following described real property:
Lot 6 of Section 7 in Township 9 South of Range 1 East, M.D.B. & M. (As Described
in the QUITCLAIM DEED recorded December 26, 1995 in Book 139 of Official
Records, Page 0434 under Recorder’s Serial Number 13140045)
And,
The Northeast quarter (NE ¼) of Section 18, in Township 9 South, Range 1 East,
Mount Diablo Base and Meridian containing approximately 160 acres according
to the Plat of the Survey made by the United States of America.
More particularly described as:
DRAINAGE EASEMENT - DE01
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 30.73 feet; thence South
1°07’50” West a distance of 989.65 feet to the Point of Beginning;
Thence,(1)North 59°09'34" West a distance of 37.73 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,134 Square Feet)
Page 2 of 12
DRAINAGE EASEMENT - DE02
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 171.56 feet; thence South
1°07’50” West a distance of 756.03 feet to the Point of Beginning;
Thence,(1)North 72°44'48" West a distance of 10.84 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 335 Square Feet)
DRAINAGE EASEMENT - DE03
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 299.11 feet; thence South
1°07’50” West a distance of 1173.05 feet to the Point of Beginning;
Thence,(1)North 82°25'34" West a distance of 33.63 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,008 Square Feet)
DRAINAGE EASEMENT - DE04
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
Page 3 of 12
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 308.35 feet; thence South
1°07’50” West a distance of 1246.51 feet to the Point of Beginning;
Thence,(1)North 86°30'18" West a distance of 48.00 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 940 Square Feet)
DRAINAGE EASEMENT - DE05
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 241.24 feet; thence South
1°07’50” West a distance of 1612.17 feet to the Point of Beginning;
Thence,(1)North 74°33'28" West a distance of 52.18 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,573 Square Feet)
DRAINAGE EASEMENT - DE06
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 463.05 feet; thence South
1°07’50” West a distance of 1820.81 feet to the Point of Beginning;
Thence,(1)North 34°26'35" West a distance of 50.86 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,529 Square Feet)
Page 4 of 12
DRAINAGE EASEMENT - DE07
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 507.02 feet; thence South
1°07’50” West a distance of 1838.01 feet to the Point of Beginning;
Thence,(1)North 39°38'58" West a distance of 45.75 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,372 Square Feet)
DRAINAGE EASEMENT - DE08
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 522.34 feet; thence South
1°07’50” West a distance of 1898.95 feet to the Point of Beginning;
Thence,(1)South 60°05'53" West a distance of 38.94 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,173 Square Feet)
DRAINAGE EASEMENT - DE09
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Page 5 of 12
Clara County file number 22840383, a distance of 647.42 feet; thence South
1°07’50” West a distance of 2369.25 feet to the Point of Beginning;
Thence,(1)North 49°35'53" West a distance of 43.39 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,301 Square Feet)
DRAINAGE EASEMENT – DE10
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 662.92 feet; thence South
1°07’50” West a distance of 2399.37 feet to the Point of Beginning;
Thence,(1)North 41°57'54" West a distance of 54.31 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,621 Square Feet)
DRAINAGE EASEMENT – DE11
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 703.21 feet; thence South
1°07’50” West a distance of 2568.65 feet to the Point of Beginning;
Thence,(1)North 72°26'30" West a distance of 30.72 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 921 Square Feet)
Page 6 of 12
DRAINAGE EASEMENT – DE12
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1076.27 feet; thence South
1°07’50” West a distance of 2169.63 feet to the Point of Beginning;
Thence,(1)North 81°55'19" East a distance of 33.70 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,011 Square Feet)
DRAINAGE EASEMENT – DE13
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1173.52 feet; thence South
1°07’50” West a distance of 1993.83 feet to the Point of Beginning;
Thence,(1)North 52°22'43" East a distance of 30.14 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 903 Square Feet)
DRAINAGE EASEMENT – DE14
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Page 7 of 12
Clara County file number 22840383, a distance of 1183.20 feet; thence South
1°07’50” West a distance of 1980.05 feet to the Point of Beginning;
Thence,(1)North 50°06'32" East a distance of 28.29 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 847 Square Feet)
DRAINAGE EASEMENT – DE15
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1641.87 feet; thence South
1°07’50” West a distance of 1919.57 feet to the Point of Beginning;
Thence,(1)North 48°54'49" East a distance of 28.44 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 862 Square Feet)
DRAINAGE EASEMENT – DE16
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1722.79 feet; thence South
1°07’50” West a distance of 1860.29 feet to the Point of Beginning;
Thence,(1)North 24°39'39" East a distance of 34.43 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,023 Square Feet)
Page 8 of 12
DRAINAGE EASEMENT – DE17
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1790.66 feet; thence South
1°07’50” West a distance of 1827.57 feet to the Point of Beginning;
Thence,(1)North 21°51'51" East a distance of 16.26 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 494 Square Feet)
DRAINAGE EASEMENT – DE18
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1983.74 feet; thence South
1°07’50” West a distance of 1695.07 feet to the Point of Beginning;
Thence,(1)North 67°54'22" East a distance of 26.55 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 807 Square Feet)
DRAINAGE EASEMENT – DE19
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Page 9 of 12
Clara County file number 22840383, a distance of 1969.50 feet; thence South
1°07’50” West a distance of 1452.29 feet to the Point of Beginning;
Thence,(1)South 55°16'49" East a distance of 39.96 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,208 Square Feet)
DRAINAGE EASEMENT – DE20
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1933.90 feet; thence South
1°07’50” West a distance of 1407.69 feet to the Point of Beginning;
Thence,(1)South 60°50'22" East a distance of 32.84 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 982 Square Feet)
DRAINAGE EASEMENT – DE21
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1950.73 feet; thence South
1°07’50” West a distance of 1363.05 feet to the Point of Beginning;
Thence,(1)South 88°58'47" East a distance of 55.75 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,673 Square Feet)
Page 10 of 12
DRAINAGE EASEMENT – DE22
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 1935.46 feet; thence South
1°07’50” West a distance of 939.29 feet to the Point of Beginning;
Thence,(1)North 72°03'22" East a distance of 30.94 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 929 Square Feet)
DRAINAGE EASEMENT – DE23
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 2065.82 feet; thence South
1°07’50” West a distance of 516.35 feet to the Point of Beginning;
Thence,(1)North 68°27'56" East a distance of 65.59 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,967 Square Feet)
DRAINAGE EASEMENT – DE24
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 2260.95 feet; thence South
1°07’50” West a distance of 265.45 feet to the Point of Beginning;
Page 11 of 12
Thence,(1)North 48°18'41" East a distance of 32.25 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 968 Square Feet)
DRAINAGE EASEMENT – DE25
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 2756.52 feet; thence South
1°07’50” West a distance of 647.98 feet to the Point of Beginning;
Thence,(1)South 54°12'06" East a distance of 43.79 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,314 Square Feet)
DRAINAGE EASEMENT – DE26
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 2767.95 feet; thence North
1°07’50” East a distance of 667.94 feet to the Point of Beginning;
Thence,(1)North 16°08'16" East a distance of 35.58 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,064 Square Feet)
Page 12 of 12
DRAINAGE EASEMENT – DE27
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at the North East Section corner of Section 18 Township 9 South,
Range 1 East, MDM. At a 2” Iron Disk Stamped LS 5713; thence, along the
Northerly line of said Section 18 North 88°52’10” West, as shown on book 880 of
record of surveys at page 48-49 recorded in the county recorder’s office in Santa
Clara County file number 22840383, a distance of 2956.58 feet; thence North
1°07’50” East a distance of 693.18 feet to the Point of Beginning;
Thence,(1)North 03°01'37" West a distance of 37.55 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,121 Square Feet)
END OF DESCRIPTION
Signature
Date September 11, 2015
This real property description has been prepared by me,
or under my direction, in conformance with the
Professional Land Surveyors Act.
No.7835
BARAK
J. MILES
SECTION CORNER PER
723 M 11 (1999)
DE-3
DE-1
DE-4
DE-5
DE-2
DE-6DE-7
DE-8
DE-9
DE-10
DE-11
DE-12
DE-13DE-14DE-15
DE-16DE-17
DE-18
DE-19
DE-20
DE-21
DE-22
DE-23
DE-24
DE-25
DE-26
DE-27
562-08-012
SEE RECORD OF SURVEY
BOOK 880 PAGE 48-49
SANTA CLARA COUNTY
(233,886.3 Square Feet)
(5.37 Acres)
LAND OF McQueen
562-04-014
McQueen
562-04-013
McQueen
LAND OF MROSP
562-08-004
LAND OF MROSP
562-08-007
N88°52'10"W
2669.62
(190,599.68 Square Feet)
(4.38 Acres)
POINT "A"
P.O.B.
N
north
P.O.B.
PO BOX 1383, San Luis Obispo, CA 93406
Mount Umunhum Road
60' WIDE TYPICAL
MT.
UMUNHUM
ROAD
ROAD EASEMENT -2
SEC. 7 T.9 SOUTH
R. 1 EAST, MDB & M
SEC. 18 T.9 SOUTH
R. 1 EAST, MDB & M
ROAD EASEMENT -1
www.geo-west.com 805.461.5560
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!
!
!
!
!
!
!
!
!
!
!
!
!
!!!
!!!
M
c
Q
u
e
e
n
R
i
d
g
e
M
t
.
U
m
u
n
h
u
m
R
o
a
d
Mi d p en in su la Re g io na lOpen S p ac e Di st r ic t
No vember, 2015
Path: G:\Projects\Sierra_Azul\Mt_Umunhum_AFS\MQueen_Proposal\ProposedFenceGates_20151105_SA13.mxd
Created By: jhawk
0 200100Feet
I
(M RO S D )MR O SD Pr ese rves
While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geographic featur es.
Wat er shed L an d
Pr i va te Pr op er t y
!!!Ex i st i ng G at e
Proposed Gate!!!
Proposed Fencing
ÉÉ RadarDish
MCQU EEN
MCQU EEN
!!
MROSD
SJWC
MROSD
MCQU EEN
1
PATROL AND MAINTENANCE EASEMENT (Mt. Thayer Access)
MOUNT UMUNHUM LIMITED PARTNERSHIP
A Patrol and Maintenance Easement (“Easement”), on the following terms:
RECITALS
A. Mount Umunhum Limited Partnership (“Owner”) is the owner of certain real
property situated in the County of Santa Clara, State of California, and more particularly
described in Exhibit A attached hereto and incorporated herein by this reference, Assessor’s
Parcel Numbers 562-08-011 and 562-08-012 (the “Owner’s Parcels”).
B. The Midpeninsula Regional Open Space District (“District”) is the owner of
certain real property situated in Santa Clara County, which is immediately adjacent to the
Owner’s Parcels and is commonly known as the Sierra Azul Open Space Preserve, as it currently
exists or may be expanded in the future, as generally depicted in Exhibit B attached hereto and
incorporated herein by this reference (the “District Preserve”).
C. District seeks to acquire from Owner a perpetual, non-exclusive easement in,
over, along, and through a portion of Owner’s Parcels for District purposes including District
staff, contractors and invitees for access, patrol, maintenance, repair, replacement and emergency
access, as more particularly described in this Easement.
TERMS OF EASEMENT
1. Patrol and Maintenance Easement.
(a) Easement Scope and Description. A perpetual, non-exclusive easement
over a roadway commonly known as Mt. Thayer Road (“Easement”) as set forth in this Section 1
as appurtenant to the District Preserve as it currently exists or may be expanded in the future for
District staff, contractors and invitees, for access, patrol, property maintenance, road
maintenance, drainage, repair, replacement, emergency access, and other related uses in, on,
over, along, and through a portion of Owner’s Parcels. The Easement shall not include any rights
for general public access. A legal description and plat map of the Easement, Exhibit C and
Exhibit D, respectively, are attached hereto and incorporated herein by this reference.
(b) Term. The term of the Easement shall be perpetual as long as the District
Preserve is used for public open space and park purposes in accordance with Public Resources
Code section 5500 et seq.
(c) Construction. District shall perform and be financially responsible for all
construction and upgrade work to Mt. Thayer Road within the Easement. Such construction and
2
upgrade work shall include, but not be limited to road resurfacing, slope stability, drainage
improvements, and safety improvements (“Improvements”).
For future construction, repair or maintenance of Mt. Thayer Road within the
Easement, Owner shall provide District and/or its contractor with reasonable access to the
portions of Owner’s Parcels immediately adjacent to the Easement, as are reasonably necessary
to allow the District to repair and maintain the Improvements within the Easement, without
further consideration paid.
(d) Installation/Relocation of Gates. District shall have the right to install new
gates within the Easement, and to remove or relocate any gates existing in the Easement as of
December 9, 2015, with the caveat that District shall take into consideration, and make
reasonable efforts to accommodate, any access or security concerns raised by Owner. Owner
shall not install any other gate within the Easement.
(e) Road Repair and Maintenance. District shall be responsible for repairing
and maintaining Mt. Thayer Road, including the Improvements, within the Easement along with
all other District installed improvements within the Easement, which may include but are not
limited to gates, fencing, slope, drainage and safety improvements. Any damage occurring to
Mt. Thayer Road caused by Owner or Owner’s contractors, agents or invitees’ use of said road,
however, shall be repaired by Owner.
(f) Operation of Gates. All gates within the Easement shall remain closed
and locked except when used for passage. Both parties will have custody of keys allowing the
gates to be opened for passage.
(g) Posting Signs. District shall post a sign at the property line and at other
reasonable areas, notifying the public that entry onto the Easement and Owner’s private lands is
strictly forbidden. District will consult with Owner regarding the design and contents of such
sign(s), but final approval of the design, content and placement of the sign(s) is subject to the
District’s approval.
(h) Non-Exclusive Use. The Easement shall be non-exclusive, and Owner
may make use of the area within the Easement for vehicular ingress and egress as long as such
use does not unreasonably interfere with the Easement or its intended purposes.
(i) Non-Permitted Uses. Other than as provided herein, Owner shall not have
the right to install any gates, signage or fencing within the Easement without the District’s
written consent.
2. Requirements of Law. District shall comply with all present and future laws, rules,
orders, ordinances, regulations, statutes, requirements, codes, and executive orders (collectively,
“Laws”) of all governmental authorities now existing or hereafter created affecting the Easement
granted herein, or uses thereof.
3. As-Is Conveyance. District agrees and acknowledges that Owner has made no
representations or warranties as to the condition of the area contained in the Easement or its
3
suitability for District’s purposes. Neither Owner nor anyone acting for or on behalf of Owner
has made any representation, statement, warranty or promise to District concerning the physical
aspects or condition of the Easement including, without limitation, conditions of the soil, land
use restrictions, existence or non-existence of “Hazardous Materials” or suitability for the
purpose for which District plans on using the Easement. District specifically acknowledges that
it is acquiring the Easement in its “As-Is” physical condition and “As-Is” state of repair of the
Easement. For purposes of this Easement, “Hazardous Materials” includes, without limitation,
any flammable materials, explosive, hazardous or toxic substances, or related materials defined
in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
now or hereafter amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials
Transportation Act, as now or hereafter amended (49 U.S.C. Sections 1801, et seq.), the
Resource Conservation and Recovery Act (42 U.S.C. Sections 9601, et seq.), and in the
regulations promulgated pursuant thereto, or any other similar federal, state or local government
law, ordinance, rule or regulation. However, Owner shall be solely and completely responsible
for responding to and complying with any administrative notice, order, request or demand, or
third party claim or demand, relating to potential or actual Hazardous Materials contamination
on, in, or under the Easement, including all costs of remediation and clean up, except when such
contamination was caused solely by District.
4. Liability and Indemnification.
(a) District agrees to indemnify, defend and hold harmless Owner, and its heirs,
successors and assigns, from and against any and all third party claims, demands, damages,
actions and causes of action (hereinafter, “Claims”), asserted by any and all third parties, persons
or entities including, without limitation those asserted by employees, agents, invitees of District
or guests of District and its contractors, subcontractors and/or consultants, including without
limitation claims for personal injuries, wrongful death, mental or emotional distress, loss of
consortium, damage to real, personal and/or intangible property, and financial, monetary or
pecuniary loss or expenses of any kind or character whatsoever, that are or may be caused or
contributed to by the construction, reconstruction, maintenance, or use of the Easement by
District’s contractors, guests or invitees. Excluded from this indemnification are any harms
arising from any conduct, physical hazards or dangerous conditions created or actively
contributed to by Owner or its business customers, agents, guests or other of its invitees.
(b) Owner agrees to protect, indemnify, defend, and hold District, its officers,
directors, employees, volunteers, or agents, harmless from and against any and all loss,
liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses
(including, without limitation, reasonable attorneys’ fees and all costs, disbursements and
expense of legal counsel) imposed upon or incurred by or asserted against District caused by or
arising from Owner’s use of the Easement.
5. Notice. All notices, demands, consents, requests, approvals, disapprovals,
designations or other communications (all of the foregoing hereinafter referred to as “notice”)
that any Party hereto gives to any other Party shall be in writing and shall be deemed to have
been properly given if (a) served personally, or (b) mailed, when deposited with the United
States Postal Service within the boundaries of the continental United States for registered or
4
certified delivery, return receipt requested, with postage prepaid, or (c) sent by overnight courier,
postage prepaid, in each case addressed to the applicable recipient as follows:
If to Owner: Mount Umunhum Limited Partnership
Attn: Scott McQueen/Randee McQueen
2633 S. Bascom Avenue
Campbell, CA 95008-5635
Telephone: (408) 377-2900
Facsimile: (408) 559-7684
With a copy to: Logan & Powell, LLP
Attn: Kirsten Powell
15466 Los Gatos Boulevard, Suite 109
Los Gatos, CA 95032
Telephone: (408) 402-9542
Facsimile: (408) 402-8441
If to District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attn: Real Property Manager
Telephone: (650) 691-1200
Facsimile: (650) 691-0485
6. Miscellaneous
(a) Dispute Resolution. The Parties, on behalf of themselves and their
respective officers, directors, employees, agents, successors and assigns, agree that if they cannot
resolve any dispute or claim between themselves, before resorting to judicial remedy, they will in
good faith attempt to resolve any such dispute or claim through non-binding mediation.
Mediation shall be initiated by presentation of a statement of dispute, with reasons therefore, to
the other party in writing, with a request for mediation. Within 14 days of receipt of the request,
the party receiving the request shall respond to the request and propose a list of experienced and
appropriately qualified mediators from which to choose, and a proposed schedule for conducting
the mediation promptly to attempt to address the concerns raised.
(b) Captions. The captions of this Easement are inserted only as a matter of
convenience and for reference. They do not define, limit or describe the scope or intent of this
Easement and they shall not affect the interpretation hereof.
(c) Exhibits. Each of the Exhibits referenced in this Easement is attached
hereto and incorporated herein.
(d) Amendment. This Easement may be amended only by an instrument in
writing executed by the Parties hereto or their successors and assigns.
5
(e) Written Consent Required. Whenever a Party is requested to consent or to
approve of any matter with respect to which its consent or approval is required by this Easement,
such consent or approval shall be given in writing.
(f) Further Assurances. The Parties shall execute such further documents and
instruments as may reasonably be required from time to time by the other Party to effectuate and
carry out the provisions hereof and to take such further actions as may reasonably be required to
give the terms hereof full force and effect for the benefit of the Parties.
(g) Attorney’s Fees. In the event that either Party shall institute any action or
proceeding against any other Party hereto to enforce, interpret or seek damages for breach of any
of the terms, provisions or conditions of this Easement, then the prevailing Party in any such
action or proceeding shall be entitled to recover from the other Party the reasonable attorney’s
fees and costs incurred by the prevailing Party in the prosecution or defense of any such action or
proceeding.
(h) Terms Run with the Land. The Easement, terms, covenants and
conditions herein contained shall run with the land and be binding upon and inure to the benefit
of the successors and assigns of the Parties hereto pursuant to California Civil Code
Section 1468.
(i) Severability. If any provision of this Easement shall to any extent be
invalid or unenforceable, the remainder of this Easement (or the application of such provision to
persons or circumstances other than those in respect of which it is invalid or unenforceable) shall
not be affected thereby, and each provision of this Easement, unless specifically conditioned
upon such invalid or unenforceable provision shall be valid and unenforceable to the fullest
extent permitted by law.
(j) Governing Law. This Easement shall be construed and governed in
accordance with the laws of the State of California.
Page 1 of 5
ORDER NO. : 0626021492-BC
EXHIBIT A
The land referred to is situated in the unincorporated area of the County of Santa Clara, State
of California, and is described as follows:
Parcel One:
The Northeast quarter (NE ¼) of Section 18, in Township 9 South, Range 1 East, Mount Diablo
Base and Meridian containing approximately 160 acres according to the Plat of the Survey made
by the United States of America.
EXCEPTING THEREFROM, all gas, oil and other hydrocarbon substances and mineral rights.
Together with the right of co-use of the roads, as provided for in the Deed from Loren R.
McQueen, husband and wife, to United States of America, dated October 4, 1956 and recorded
October 29, 1956 in Book 3642 Official Records, Page 46, as reserved in said Deed.
APN: 562-04-014
Parcel Two:
The North half (N ½) of Lot 4 and the North half (N 1/2) of the Southeast quarter (SE 1/4) of
the Northwest quarter (NW 1/4) of Section 18 in Township 9 South, Range 1 East, Mount Diablo
Base and Meridian, containing approximately 40 acres according to the Plat of Survey made by
the United States of America.
EXCEPTING THEREFROM a strip of land 100 feet wide, along the Southerly line of the above
described Parcel more particularly described as follows:
Beginning at the Southwest corner of the North one-half (N ½) of said Lot 4 of said Section 18;
thence North along the Westerly line thereof, 100 feet to a point; thence Easterly and parallel
with the South line of said North half (N 1/2) of said Lot 4, and the North half of Southeast
quarter (SE 1/4) of said Section 18 to a point in the Easterly line of said Southeast quarter of
said Section 18; thence South along the Easterly line of said Southeast quarter (SE ¼) 100 feet
to the Southeast corner of the North half (N/12) of Southeast quarter; thence Westerly along
the South line of North half (N1/2) of said Southeast quarter (SE ¼) and the North half (N 1/2)
of said Lot 4 to the point of beginning.
APN: 562-04-013
ALSO EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances and mineral
rights.
(We note, but do not insure) the right of way for the benefit of Parcels Two and Three over any
and all lands described in the Agreement of Partition by and between B. Ernet Tittel, dated
November 21, 1895 and recorded December 7, 1895 in Book 2 of Miscellaneous Records, Page
227, by and road existing upon the common lands or any part thereof as granted and provided
Page 2 of 5
for in the Deed from B. Ernet Tittel, et al, to Wilhelmine Huber dated November 21, 1895 and
recorded January 22, 1896 in Book 187 of Deeds, Page 157, and in Deeds of various parcels of
said common property.
(When drawing papers, it portion in brackets and substitute thereof the words “Together with”)
(We also note, but do not insure) all those certain rights to water reserved in the Agreement by
and between John Utaching and F.W. Huber and the right of way for road over the land of John
Utaching as provided for in the Deed from F.W. Huber to William E. Tucker, dated December 3,
1914 and recorded March 8, 1917 in Book 433 of Deeds, page 314, and granted in the Deed
from William E. Tucker to Florence Medcalf, a single woman dated November 22, 1948 and
recorded January 24, 1949 in Book 1733 of Official Records, Page 492.
(When drawing papers, omit portion in brackers and substitute therefore the words “Also
Together With”)
Parcel Three:
Northeast ¼ of Northwest ¼ of Section 18, Township 9 South, Range 1 East, M.D.B. & M.
Parcel Four:
Lot 6 of Section 7 and the most Easterly 10 acres of Lot 5 of Section 7, all in Township 9 South
of Range 1 East, M.D.B. & M. Said Easterly 10 acres of Lot 5 being a strip containing 10 acres
extending along the whole length of the Easterly line of said Lot 5 and bounded by said Easterly
line, by the Northerly and Southerly line of said Lot 5 and on the West by a line running from
said Northerly line to said Southerly line and running parallel to said Easterly line, the whole
tract herein described.
Containing approximately 50 49/100 acres.
EXCEPTING THEREFROM so much thereof as described in the Deed from Loren R. McQueen
and Marjorie W. McQueen, husband and wife, to The United States of America, dated August
27, 1957 and recorded October 10, 1957 in Book 3910 Official Records, page 173, and in the
Deed from Loren R. McQueen and Marjorie W. McQueen, husband and wife, to The United
States of America, Dated November 21, 1958 and recorded December 8, 1958 in Book 4252
Official Records, Page 610, as follows:
Commencing at the South one-quarter corner of said Section 7, Township 9 South, Range 1
East, MDM.,
thence along the North-South centerline of said Section 7, North 5° 15' 01” West 993.65 feet to
a point;
thence leaving said North-South centerline, South 80° 14' 45” West 201.58 feet to a point;
thence South 15° 00' 00” West 186.82 feet to the centerline of an existing road known as
“Loma-Almaden Road”;
thence continuing South 15° 00' 00” West 24.05 feet to a point on the Southerly line of said
Loma-Almaden Road, said point being 20 feet, measured at right angles, from the centerline of
said Loma-Almaden Road and in the true point of beginning;
thence from the true point of beginning, South 15° 00; 00” West 425.81 feet to a point;
thence South 100.00 feet to a point;
Page 3 of 5
thence West 1000 feet to a point;
thence North 325.00 feet to a point;
thence West 194.00 feet to a point;
thence North 316.04 feet to a point on the corps of Engineers traverse line;
thence along said traverse line the following courses;
North 33° 42' 39” East 27.10 feet, North 58° 58' 53” East 199.62 feet;
South 69° 55' 15” East 101.77 feet; South 31° 25' 37” East 100.77 feet and South 49° 29' 22”
East 97.24 feet;
thence leaving said Engineers Traverse line East 107.16 feet;
thence North 315.00 feet to a point;
thence North 80° 14' 45”East 170.14 feet to a point on the Westerly line of aforesaid Loma
Almaden Road; said point bears South 80° 14' 45” West 24.00 feet from the centerline of said
Loma-Almaden Road;
thence along the Westerly and Southerly line of said Loma-Almaden Road and being parallel to
and 20 feet distant from the centerline, the following courses and distances:
Southwesterly on a curve to the right, the center of which bears North 62° 08' 59” West, with a
radius of 90.00 feet, through an angle of 30° 08' 59”, for a distance of 47.36 feet;
thence South 58° 00' West 45.00 feet;
thence on a curve to the left with a radius of 70.00 feet, through an angle of 134° for a
distance of 163.71 feet;
thence South 76° 00' East 227.41 feet; thence on a curve to the right with a radius of 180.00
feet, through an angle of 24° for a distance of 75.40 feet;
thence South 52° 00' East 100.93 feet;
thence on a curve to the left with a radius of 120.00 feet, through an angle of 44° for a
distance of 92.15 feet;
thence North 84° 00' East 105.18 feet;
thence on a curve to the left with a radius of 220.00 feet, through an angle of 12° 44' for a
distance of 48.89 feet;
thence North 71° 16' East 19.23 feet to the point of beginning.
Containing approximately 15.035 acres.
Note: (Bearings and coordinates used in this description are based on the State of California
Plane Coordinate System, Zone III, California, as described in the U. S. Coast and Geodetic
Survey Publication No. 253 and based locally on the U. S. Coast and Geodetic Survey
Triangulation Station “Thayer 1947” and a corps of Engineers Triangulation Station “Hum”)
Commencing at the South one-quarter corner of said Section 7, Township 9 South, Range 1
East, MDM, thence along the North-South centerline of said Section 7, North 5°15' 01” West
993.65 feet to the true point of beginning; thence from the true point of beginning South 80°
14' 45” West 201.58 feet to a point; thence South 15° 00' 00” West 162.77 feet to a point on
the Northerly line of an existing road known as “Loma-Almaden Road,” the centerline of said
Loma-Almaden Road bears South 15° 00' 00” West 24.05 feet; thence along the Northerly and
Easterly line of said Loma-Almaden Road, and being parallel to and 20 feet distant from the
centerline the following courses and distances:
South 71° 16' West 45.93 feet; thence on a curve to the right with a radius of 180.00 feet,
through an angle of 12° 44' for a distance of 40.00 feet; thence South 84° 00' West 105.18
feet; thence on a curve to the right with a radius of 80.00 feet, through an angle of 44° fir a
distance of 61.44 feet; thence North 52° 00' West 100.93 feet; thence on a curve to the left
Page 4 of 5
with a radius of 220.00 feet, through an angle of 24° for a distance of 92.15 feet; thence North
76° 00' West 227.41 feet; thence on a curve to the right with a radius of 30.00 feet, through an
angle of 134° for a distance of 70.16 feet; thence North 58° 00' East 45.00 feet, thence on a
curve to the right, with a radius of 130.00 feet for a distance of 98.02 feet; thence leaving the
Easterly line of said “Loma-Almaden Road” North 80° 14' 45” East 92.45 feet to the point;
Thence North 63° 26' 06” West 273.46 feet to a point;
Thence North 26° 33' 54” East 50.00 feet to a point;
Thence South 63° 26' 06” East 341.48 feet to a point;
Thence North 80° 14' 45” East 592.71 feet to a point on the North-South centerline of said
Section 7, thence along the North-South centerline of said Section 7, South 5° 15' 01” East
234.37 feet to the point of beginning.
Containing approximately 5.996 acres.
Note: Bearings and coordinates used in this description are based on the State of California
Plane Coordinate System, Zone III, California, as described in the U.S. Coast and Geodetic
Survey Publication No. 253 and based locally on a U. S. Coast and Geodetic Survey
Triangulation Station “Thayer 1947” and a Corps of Engineers Triangulation Station “Hum”.
ALSO EXCEPTING THEREFROM from Parcel Five the Parcel of land conveyed to the United
States of America and its assigns by instrument recorded August 3, 1965 in Book 7069 of
Official Records, Page 122, described as follows:
All that real property situated in the County of Santa Clara, State of California, being a portion
of Section 7, Township 9 South, Range 1 East, Mount Diablo Meridian, being more particularly
described as follows:
Commencing at the South quarter corner of said Section 7, Township 9 South, Range 1 East,
Mount Diablo Meridian, thence North 89° 20' 39” West 861.11 feet, thence North 29° 44' 30”
East 263.43 feet; thence West 11.01 feet to a point, said point being the true point of
beginning, thence from said point of beginning, South 29° 44' 30” West 115.47 feet; thence
West 342.87 feet; thence North 100 feet; thence East 400.00 feet to the true point of
beginning.
Containing 0.85 acres, more or less.
Parcel Five:
Lots 3 and 4 of Section 7, Township 9 South, Range 1 East, Mount Diablo Base and Meridian.
APN: 562-08-011
)
))
)
)
)
)
)
)
)
)
)
R i n c o n C re e k
AlamitosCreek
H i nckleyCreek
LosCapitancillosCreek
Guadalupe
Cre
ek
Soquel Creek
LosGato
sCr e e k
H e r b e r t C ree k
B e a nCreek
A
m
a
y
a
C
r
e
e
k
LyndonCyn.Creek
Barre
t
C
re
e
k
B
r
a
nciforteCreek
West
B
r
a
n
c
h
S
o
q
u
e
l
C
r
e
e
k
Carbone ra C r e e k
Mountain
CharlieCr
k
He
s
terCreek
B
urn
s
Creek
L a u relCreek
Bayview St
S
t
a
g
e
C
oachRd
Almaden
Blvd
C ole m an St
C h i q u i t a Rd
O
ld
San
J
o
s
e
R
d
Glenwood
Av
e
Kennedy
R
d
Sum
mitTrl
LomaPrietaWay
£¤35
£¤9
£¤17
Mt. ElSombroso
BaldMountainMt.Umunhum
Mt.Thayer
LomaPrieta
Mt.Chuai
CrystalPeak
Ralph'sMountain
MineHill
ChurchHill
St.Joseph'sHill
PriestRock
M t.Um u n h u mRoa
d HicksRoad
Midpeninsula Regio nalOpen Space District
September, 2015
0 21Miles
(MROSD)
Sierra AzulOpen Space Preserve
Created By: jhawk
Path: G:\Projects\Sierra_Azul\Regional\SA_Regional_BW_v.mxd
Sierra Azul Open Space Preserve
Other MROSD Preserves
Highways and Major Roads
Sierra Azu l
LEGAL DESCRIPTION— McQUEEN to MROSD — ACCESS EASEMENT #1
(Road to Mt. Thayer)
SITUATE in Section 7, T. 9 S., R. 1 E., M.D.B.& M., County of Santa Clara, State of California.
BEING an easement for ingress & egress over a portion of that land described in that certain quit
claim deed filed for record in the Office of the County Recorder of Santa Clara, State of California,
in Book P139, of Official Records, Pages 0434 through 0438, and described as follows:
A strip of land 60.00 feet in width, lying 30.00 feet on each side of the following described
centerline:
COMMENCING at an angle point in the Northern boundary of Tract A-100-1, as described in that
certain deed filed for record in the Office of the County Recorder of Santa Clara, State of
California, in Book 4252 of Official Records, Pages 610 through 617, said point being marked by a
1/2" iron pipe, stamped "LS 7367", as shown on the Record of Survey Map recorded in Volume
880 of Maps, Page 48, Santa Clara County Records, from which a 1/2" iron pipe, stamped "LS
7367" on said Northern boundary of Tract A-100-1 bears North 80°33'20" East, a distance of
166.58 feet; thence along said Northern boundary North 80°33'20" East, a distance of 190.57 feet to
the TRUE POINT OF BEGINNING, and from which the point of ending of Parcel Two of Tract A -
100E -4 as described in the last mentioned deed, bears North 80°33'20" East, a distance of 3.49 feet;
thence from said TRUE POINT OF BEGINNING, Northwesterly on a curve to the left having a
radius of 52.00 feet, from a tangent line bearing North 03°18'30" West, through a central angle of
78°54'28", a distance of 28.25 feet; thence North 82°12'58" West, a distance of 109.09 feet; thence
North 85°28'22" West, a distance of 229.25 feet; thence South 87°54'49" West, a distance of
112.66 feet; thence North 88°32'28" West, a distance of 133.46 feet; thence Westerly on a tangent
curve to the left have a radius of 285.00 feet, through a central angle of 14°07'35", a distance of
70.27 to a point of reverse curvature; thence Westerly on a curve to the right have a radius of 350.00
feet, through a central angle of 14°07'35", a distance of 114.23 feet; thence North 88°57'22" West,
a distance of 60 feet, more or less, to the Westerly boundary of the Easterly 10 acres of Government
Lot 5, Section 7, T. 9 S., R. 1 E., M.D.B. & M.
The sidelines of said easement shall be lengthened or shortened to begin on the prolongation of the
Northern boundary of said Tract A-100-1 and to terminate on a the Westerly boundary of the
Easterly 10 acres of Government Lot 5, Section 7, T. 9 S., R. 1 E., M.D.B. & M.
See Exhibit 1, page 2 of 2, attached hereto, and by this reference made a part hereof.
Containing 51,960 S.F., more or less.
END OF DESCRIPTION
G;\Docs\GIA\2013\G13029\roadesmt_mrosd-1.docx Page 1 of 3
Prepared by: Ifland Survey
September 3, 2015
Job No. G13029
G:\Docs\GIA\2013\G13029\roadesmt_mrosd-1.docx Page 2 of 3
EFLAND SURVEY
Surveying - Mapping - GPS
303 Potrero Street, Suite 43-108, Santa Cruz, CA 95060
Tel 831.426.7941 Fax 831.426.6266
JOB NO. G13029
SHEET NO. 3 OF 3
CALCULATED BY VCL DATE 8/27/15
SCALE: N.T.S.
rri
SAN JOSE WATER COMPANY
562-08-001
Legend
•
S77'19' S7 Wt�)
R=285.00
N88'57'22"W r --- L=70.27
60±' D=14'07'35"
POINT OF
ENDING
R=350.00
L=83.76
D=13'42'41"
EXHIBIT 1
EXISTING BOUNDARY LINE
PROPOSED EASEMENT CENTERLINE
PROPOSED EASEMENT LIMIT
1/2" IRON PIPE "PLS 7367" PER 880 M 48
562-08-012
MOUNT UMUNHUM LP
BOOK P139, PAGES 0434-0438
S87'54' 49" W
112.66'
+
N88'32'28"W
133.46'
WESTERLY LINE OF THE
EASTERLY 10 ACRES OF
GOVERNMENT LOT 5, SECTION
7, T. 9 S. R. 1 E., M.O.B.&M.
N85'28'22"W
229.25'
N82'12'58" W
109.09' f z
80'33'20„E
POINT OF
COMMENCEMENT
�-- 166.58
R=52.00
L=71.61
D=78'54'28"
'
30.11'
22.19, ,
•66>
23.
3IPOINT OF
BEGINNING
TRACT A100-1
562-08-003
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
BOOK 4252, PAGES 610-617
LEGAL DESCRIPTION— McQUEEN to MROSD — ACCESS EASEMENT #2
(Road to Mt. Thayer)
SITUATE in Section 7, T. 9 S., R. 1 E., M.D.B.& M., County of Santa Clara, State of California.
BEING an easement for ingress & egress over a portion of that land described in that certain quit
claim deed filed for record in the Office of the County Recorder of Santa Clara, State of
California, in Book P139, of Official Records, Pages 0434 through 0438, and described as
follows:
A strip of land 60.00 feet in width, lying 30.00 feet on each side of the following described
centerline:
COMMENCING at the 1/4 corner common to Section 7, T 9 S, R 1 E, and Section 12, T 9 S, R 1
W, M.D.B. & M., being marked by a 3/8" rebar with a cut cross on the top, from which a 1/2"
iron pipe tagged "LS 7367" on the common line between said sections bears South 00°45'24"
West, 1135.95, as the same is shown on the Record of Survey map recorded in Volume 880 of
Maps at Page 48, Santa Clara County Records; thence along said common section line, South
00°45"24" West, 1145.98 feet to the TRUE POINT OF BEGINNING; thence North 62°23'41"
East, 98.29 feet; thence Easterly, on a tangent curve to the right, having a radius of 55.00 feet,
through a central angle of 141°44'09", a distance of 136.06 feet; thence South 24°07'50" West,
30.61 feet; thence Southerly, on a tangent curve to the right, having a radius of 125.00 feet,
through a central angle of 32°35'32", a distance of 70.36 feet; thence South 56°43'22" East,
41.20 feet; thence Southwesterly, on a tangent curve to the left having a radius of 75.00 feet,
through a central angle of 37°14'19", a distance of 48.75 feet; thence South 19°29'03" West,
8 feet, more or less, to a point on the Northerly boundary of Government Lot 5, Section 7, T. 9
S., R. 1 E., M.D.B. & M.
The sidelines of said easement shall be lengthened or shortened to begin on the common line
between Section 7, T 9 S, R 1 E, and Section 12, T 9 S, R 1 W, and to terminate on the Northerly
boundary of Government Lot 5, Section 7, T 9 S, R 1 E., M.D.B. & M.
See Exhibit 1, page 2 of 2, attached hereto, and by this reference made a part hereof.
Containing, 26,040 S.F., more or less.
END OF DESCRIPTION
---cAT\ID
Prepared by: Ifland Survey
September 3, 2015
Job No. G13029
G:\Docs\GIA\2013\G13029\roadesmt_mrosd-2.docx Page 1 of 2
MAI\ SU:i.VEY
Surveying - Mapping - GPS
303 Potrero Street, Suite 43-108, Santa Cruz, CA 95060
Tel 831.426.7941 Fax 831.426.6266
JOB NO. G13029
SHEET NO. 2 OF 2
CALCULATED BY VCL DATE 8/28/15
SCALE: 1" = 100'
Legend
•
EXHIBIT 1
PROPOSED BOUNDARY LINE
PROPOSED EASEMENT CENTERLINE
PROPOSED EASEMENT LIMIT
1/2" IRON PIPE "PLS 7367" PER 880 M 48
UNLESS OTHERWISE NOTED.
FD 3/8" REBAR
WITH CUT CROSS
ACCEPTED AS POINT OF
1/4 CORNER j��' COMMENCEMENT
PER 871 M26 /
SECTION 12
MT. DIABLO MERIDIAN LINE
S00'45'24"W
562-08-011
rn MOUNT UMUNHUM LP
O BOOK P139, PAGES 0434-0438
o o N6229 0 0O
-,7a CA. t•) 50
7/
I ,. �\ R=55.00
_.---- L=136.06
/ -E \ D=141°44'09"
TRUE ` Y ,,...---f-`
POINT OF Z��� ��
BEGINNING •
•/
7
r i3)
m
562-09-050
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
BOOK F61, PAGE 745
r--- 60.00'
S24'07'50"W
/ 30.61'
of /
R=125.00
L=71.11
D=32'35'32"
N56'43'22"E
41.20'
R=75.00
L=48.75 S88'52'10"E
D=37'14'19"
S19'29'03"W
8'±
POINT OF 562-08-001
ENDING SAN JOSE WATER COMPANY
g71 M 26
380 M 4
GOVERNMENT LOT 5
1
FEE ACQUISTION OF 40ꞌ WIDE STRIP, WITH ACCOMPANYING
RESERVATION/GRANT OF 20ꞌ ACCESS EASEMENT
MOUNT UMUNHUM LIMITED PARTNERSHIP
Fee simple title to that certain property more particularly described in Exhibit A attached
hereto and made a part hereof.
Reserving and granting to Mount Umunhum Limited Partnership (“Owner”) a
perpetual, non-exclusive easement (“Easement”) over a roadway commonly known as Mt.
Umunhum Road (“Easement”) as appurtenant to Assessor’s Parcel Numbers 562-04-013, 562-
04-014, 562-08-011 and 562-08-012 (“Owner’s Parcels”) for vehicular and pedestrian access
(including contractors, tenants and invitees). A legal description and plat map of the Easement is
included in Exhibit B attached hereto and incorporated by this reference. The Easement will be
subject to the following terms:
1. Terms of Easement.
(a) Term. The term of the Easements shall be perpetual.
(b) Installation/Relocation of Gates. District shall have the right to install new
gates within the Easement, and to remove or relocate any gates existing in the Easement.
(c) Road Repair and Maintenance. District shall be responsible for repairing
and maintaining Mt. Umunhum Road within the Easement. Any damage occurring to Mt.
Umunhum Road caused by Owner or Owner’s contractors, agents or invitees’ use of said road,
however, shall be repaired by Owner.
(d) Non-Permitted Uses.
(1) Owner shall not have the right to install or maintain any video,
lighting or audio surveillance equipment within the Easement.
(2) Owner shall not have the right to install any gates, signage or
fencing within the Easement.
2. Requirements of Law. Owner shall comply with all present and future laws, rules,
orders, ordinances, regulations, statutes, requirements, codes, and executive orders (collectively,
“Laws”) of all governmental authorities now existing or hereafter created affecting the Easement
granted herein, or uses thereof.
3. As-Is Conveyance. District makes no representations or warranties as to the
condition of the area contained in the Easement. Neither District nor anyone acting for or on
behalf of District has made any representation, statement, warranty or promise to Owner
concerning the physical aspects or condition of the Easement including, without limitation,
conditions of the soil, land use restrictions, existence or non-existence of “Hazardous Materials”
2
or suitability for the purpose for which Owner plans on using the Easement. For purposes of this
Easement, “Hazardous Materials” includes, without limitation, any flammable materials,
explosive, hazardous or toxic substances, or related materials defined in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended
(42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act, as now or
hereafter amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery
Act (42 U.S.C. Sections 9601, et seq.), and in the regulations promulgated pursuant thereto, or
any other similar federal, state or local government law, ordinance, rule or regulation. However,
District shall be solely and completely responsible for responding to and complying with any
administrative notice, order, request or demand, or third party claim or demand, relating to
potential or actual Hazardous Materials contamination on, in, or under the Easement, including
all costs of remediation and clean up, except when such contamination was caused solely by
Owner.
4. Liability and Indemnification.
(a) Owner will indemnify, defend and hold harmless District, and its successors and
assigns, from and against any and all third party claims, demands, damages, actions and causes
of action (hereinafter, “Claims”), asserted by any and all third parties, persons or entities
including, without limitation those asserted by employees, agents, invitees of Owner or guests of
Owner and its contractors, subcontractors and/or consultants, including without limitation claims
for personal injuries, wrongful death, mental or emotional distress, loss of consortium, damage to
real, personal and/or intangible property, and financial, monetary or pecuniary loss or expenses
of any kind or character whatsoever, that are or may be caused or contributed to by the
construction, reconstruction, maintenance, or use of the Easement by Owner’s contractors, guests
or invitees. Excluded from this indemnification are any harms arising from any conduct,
physical hazards or dangerous conditions created or actively contributed to by District.
(b) Owner agrees to protect, indemnify, defend, and hold District, its officers,
directors, employees, volunteers, or agents, harmless from and against any and all loss,
liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses
(including, without limitation, reasonable attorneys’ fees and all costs, disbursements and
expense of legal counsel) imposed upon or incurred by or asserted against District caused by or
arising from Owner’s use of the Easement.
5. Notice. All notices, demands, consents, requests, approvals, disapprovals,
designations or other communications (all of the foregoing hereinafter referred to as “notice”)
that any Party hereto gives to any other Party shall be in writing and shall be deemed to have
been properly given if (a) served personally, or (b) mailed, when deposited with the United
States Postal Service within the boundaries of the continental United States for registered or
certified delivery, return receipt requested, with postage prepaid, or (c) sent by overnight courier,
postage prepaid, in each case addressed to the applicable recipient as follows:
If to District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attn: Real Property Manager
3
Telephone: (650) 691-1200
Facsimile: (650) 691-0485
If to Owner: Mount Umunhum Limited Partnership
Attn: Scott McQueen/Randee McQueen
2633 S. Bascom Avenue
Campbell, CA 95008-5635
Telephone: (408) 377-2900
Facsimile: (408) 559-7684
With a copy to: Logan & Powell, LLP
Attn: Kirsten Powell
15466 Los Gatos Boulevard, Suite 109
Los Gatos, CA 95032
Telephone: (408) 402-9542
Facsimile: (408) 402-8441
6. Miscellaneous
(a) Dispute Resolution. The Parties, on behalf of themselves and their
respective officers, directors, employees, agents, successors and assigns, agree that if they cannot
resolve any dispute or claim between themselves, before resorting to judicial remedy, they will in
good faith attempt to resolve any such dispute or claim through non-binding mediation.
Mediation shall be initiated by presentation of a statement of dispute, with reasons therefore, to
the other party in writing, with a request for mediation. Within 14 days of receipt of the request,
the party receiving the request shall respond to the request and propose a list of experienced and
appropriately qualified mediators from which to choose, and a proposed schedule for conducting
the mediation promptly to attempt to address the concerns raised.
(b) Captions. The captions of this Easement are inserted only as a matter of
convenience and for reference. They do not define, limit or describe the scope or intent of this
Easement and they shall not affect the interpretation hereof.
(c) Exhibits. Each of the Exhibits references in this Easement is attached
hereto and incorporated herein.
(d) Amendment. This Easement may be amended only by an instrument in
writing executed by the Parties hereto or their successors and assigns.
(e) Written Consent Required. Whenever a Party is requested to consent or to
approve of any matter with respect to which its consent or approval is required by this Easement,
such consent or approval shall be given in writing.
(f) Further Assurances. The Parties shall execute such further documents and
instruments as may reasonably be required from time to time by the other Party to effectuate and
carry out the provisions hereof and to take such further actions as may reasonably be required to
give the terms hereof full force and effect for the benefit of the Parties.
4
(g) Attorney’s Fees. In the event that either Party shall institute any action or
proceeding against any other Party hereto to enforce, interpret or seek damages for breach of any
of the terms, provisions or conditions of this Easement, then the prevailing Party in any such
action or proceeding shall be entitled to recover from the other Party the reasonable attorney’s
fees and costs incurred by the prevailing Party in the prosecution or defense of any such action or
proceeding.
(h) Terms Run with the Land. The Easement, terms, covenants and
conditions herein contained shall run with the land and be binding upon and inure to the benefit
of the successors and assigns of the Parties hereto pursuant to California Civil Code
Section 1468.
(i) Severability. If any provision of this Easement shall to any extent be
invalid or unenforceable, the remainder of this Easement (or the application of such provision to
persons or circumstances other than those in respect of which it is invalid or unenforceable) shall
not be affected thereby, and each provision of this Easement, unless specifically conditioned
upon such invalid or unenforceable provision shall be valid and unenforceable to the fullest
extent permitted by law.
(j) Governing Law. This Easement shall be construed and governed in
accordance with the laws of the State of California.
LEGAL DESCRIPTION — McQUEEN to MROSD - GRANT DEED
(Loma -Almaden Road parcel)
SITUATE in Section 7, T. 9 S., R. 1 E., M.D.B. & M., County of Santa Clara, State of
California.
Being a portion of the lands described in that certain quitclaim deed filed for record in the Office
of the County Recorder of Santa Clara, State of California, in Book P139 of Official Records,
Pages 0434 through 0438, said portion being the same as Parcel Two of Tract A -100E-4 as
described in that deed filed for record in the Office of the County Recorder of Santa Clara, State
of California, in Book 4252 of Official Records, at Page 610, and described as follows:
A strip of land 40.00 feet in width, lying 20 feet on each side of the following described
centerline:
BEGINNING at the point of ending of Parcel One of said Tract A -100E-4, as described in said
deed; thence from the point of beginning, South 71°16' West, 32.68 feet; thence on a curve to the
right with a radius of 200.00 feet, through an angle of 12°44' for a distance of 44.45 feet; thence
South 84°00' West, 105.18 feet; thence on a curve to the right with a radius of 100.00 feet,
through an angle of 44°00', for a distance of 76.79 feet; thence North 52°00' West, 100.93 feet;
thence on a curve to the left with a radius 200.00 feet, through an angle of 24°00' for a distance
of 83.78 feet; thence North 78°00' West, 227.41 feet; thence on a curve to the right with a radius
of 50.00 feet through an angle of 134°00', for a distance of 116.94 feet; thence North 58°00'
East, 45.00 feet; thence on a curve to the left with a radius of 110.00 feet, through an angle of
37°48'06" for a distance of 72.57 feet.
The sidelines of said strip to be prolonged or shortened as to terminate on the property lines.
See Exhibit 1, page 2 of 2, attached hereto, and by this reference made a part hereof.
Containing 36,220 S.F., more or less.
END OF DESCRIPTION
Prepared by: Ifland Survey
September 3, 2015
Job No. G13029
G:\Docs\GIA\2013\G13029\mcqueen_mrosd.docx Page 1 of 2
EFLAN
SUZVEY
Surveying - Mapping - GPS
303 Potrero Street, Suite 43-108, Santa Cruz, CA 95060
Tel 831.426.7941 Fax 831.426.6266
JOB NO. G13029
SHEET NO. 2 OF 2
CALCULATED BY VCL DATE 8/27/15
SCALE:
1"=100'
Legend
562-08-012
MOUNT UMUNHUM LP
BOOK P139, PAGES 0434-0438
OOH
R=50.00
L=116.94
D=134.00'00"
EXHIBIT 1
EXISTING BOUNDARY LINE
PROPOSED DEED CENTERLINE
PROPOSED DEED LIMIT
562-08-012
MOUNT UMUNHUM LP
BOOK P139, PAGES 0434-0438
POINT OF
ENDING
R=110.00
L=72.57
D=37°48'06"
226 41,00„ 1,v
TRACT A100E-4
PARCEL TWO
TRACT A100-1
562-08-003
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
BOOK 4252, PAGES 610-617
TRACT A100-2
562-08-003
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
BOOK 4252, PAGES 610-617
R=200.00
L=83.78
D=24'00'00"
N52'00'00"W
100.93'
R=100.00
L=76.79
D=44'00'00"
N84'00'00"E
105.18
POINT OF
BEGINNING
S71'16'00"W
32.68'
R=200.00
L=44.45 /
Po
co
D=12'44'00" / Q o
,.r a.
in
N .Z a.
O. 0
O O cu
� a
1 tO� �,
,--
Z' CL
O
O
m
LEGAL DESCRIPTION — MROSD to McOUEEN — ACCESS EASEMENT
(Loma -Almaden Road)
SITUATE in Section 7, T. 9 S., R. 1 E., M.D.B. & M., County of Santa Clara, State of
California.
BEING an easement for ingress and egress over a portion of the lands described as Tract A-100-
1 and Tract A-100-2 in that certain deed filed for record in the Office of the County Recorder of
Santa Clara, State of California, in Book 4252 of Official Records, Pages 610 through 617, and
over portions of that land described in that certain deed filed for record in the Office of the
County Recorder of Santa Clara, State of California, in Book P139, Pages 0434 through 0438,
described as follows:
A strip of land 20.00 feet in width, lying 10 feet on each side of the following described
centerline:
COMMENCING at the Eastern most corner of said Tract A-100-2, being also the Southwesterly
corner of Tract A-102 as described in the deed to the United States of America filed for record in
the Office of the County Recorder of Santa Clara, State of California, in Book 3457 of Official
Records, Page 407, now marked by a 1/2" iron pipe, stamped "LS 7367", as shown on the
Record of Survey Map recorded in Volume 880 of Maps, Page 48, Santa Clara County Records;
thence Westerly along the boundary of said Tract A-100-2, South 80°33'20" West, 201.58 feet to
a 1/2" iron pipe, stamped "LS 7367"; thence Southerly along the Southeasterly line of said Tract
A-100-2 and the prolongation thereof, South 15°18'35" West, (at 168.54 feet, a 1/2" iron pipe,
stamped "LS 7367") 189.48 feet to the TRUE POINT OF BEGINNING, from which the point of
ending of Parcel One of Tract A -100E-4, as described in the deed filed for record in the Office of
the County Recorder of Santa Clara, State of California, in Book 4252 of Official Records, Pages
610 through 617, bears North 15°18'35" East, 2.32 feet; thence from said TRUE POINT OF
BEGINNING. Westerly, on a curve to the left having a radius of 300.00 feet, from a tangent
bearing South 76°29' 10" West, through a central angle of 05°58'31", a distance of 31.29 feet to
a point of reverse curvature; thence Westerly, on a curve to the right having a radius of 300.00
feet, from a tangent bearing South 70°30'38" West, through a central angle of 07°05'50", a
distance of 37.16 feet; thence South 77°36'29" West, 47.00 feet; thence Westerly, on a curve to
the right having a radius of 200.00 feet, through a central angle of 55°44'23", a distance of
194.57 feet; thence North 46°39'08" West, 59.95 feet; thence Westerly on a curve to the left
having a radius of 200.00 feet, through a central angle of 25°22'09", a distance of 88.55 feet to a
point of compound curvature; thence Westerly on a curve to the left, having a radius of 75.00
feet, through a central angle of 17°11'34", a distance of 22.51 feet; thence North 89°12'51"
West, 121.42 feet; thence Westerly on a curve to the right having a radius of 104.00 feet, through
a central angel of 35°54'14", a distance of 65.17 feet; thence North 53°18'37" West, 36.34 feet;
thence Northerly, on a curve to the right having a radius of 35.00 feet, through a central angle of
G:\Does\GIA\2013\G13029\roadesmt_mcqueen.docx Page 1 of 3
100°23'53", a distance of 61.33 feet; thence North 47°05'16" East, 65.18 feet; thence North
45°24'15" East, 36.42 feet; thence Easterly, on a curve to the left having a radius of 52.00 feet,
through a central angle of 48°42'45", a distance of 44.21 feet to a point on the prolongation of
said Tract A 100-2.
The sidelines of said easement shall be lengthened or shortened to begin and to terminate on the
prolongation of the boundaries of said Tracts A-100-1 and A-100-2.
See Exhibit 1, page 3 of 3, attached hereto, and by this reference made a part hereof.
Containing, 18,220 S.F., more or less.
END OF DESCRIPTION
Prepared by: Ifland Survey
September 3, 2015
Job No. G13029
G:\Dots\GIA\2013\G13029\roadesmt_mcqueen.docx Page 2 of 3
_FLAN suavEy
Surveying - Mappirig- GPS
303 Potrero Street, Suite 43-108, Santa Cruz, C.4 95060
Tel 831.426.7941 Fax 831.426.6266
JOB NO. G13029
SHEET NO. 3 OF 3
CALCULATED BY VCL DATE 8/27/15
SCALE:
N.T.S.
Legend
•
EXHIBIT 1
EXISTING BOUNDARY LINE
PROPOSED EASEMENT CENTERLINE
BOUNDARY LINE TO BE ABANDONED
PROPOSED EASEMENT LIMIT
1/2" IRON PIPE "PLS 7367" PER 880 M 48
562-08-012
MOUNT UMUNHUM LP
BOOK P139, PAGES 0434-0438
POINT OF
23.99 ENDING
2.29,
66.25
166.58' "•
Nao.33
r
309.
N45'24'15"E
36.42'
N47'05'16"E
65.18'
R=35.00
L=61.33
8 00`23' S 3"
N 53'18' 37"W
36.43'
•y R=52.00
L=44.21
D=48.42'45"
N89'12''S�"'1+V
121.42'
R=104.00
L=65.17
D=35'54'14"
PARCEL TWO
TRACT A100E-4
(TO BE ABANDONED)
TRACT A100-1
562-08-003
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
BOOK 4252, PAGES 610-617
R=75.00
L=22.51
D=17'11'34"
N2'
/ R=200.00
/ L=88.55
D=25'22'09"
O
o
o-6
R=200.00
L=194.57
D=55'44'23"
TRACT A100-2
562-08-003
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
BOOK 4252, PAGES 610-617
0M48
N4639'08"W R=300.00
59.95' L=37.16
D=7'05'50"
S77'36'29"W
47.00'
_Po co
o
POINT OF
COMMENCEMENT
58020 3'20"
59
U)
00.
R=300.00
L=31.29
0=5'58'31" TRUE
POINT OF
8.EGINNING
562-08-012
MOUNT UMUNHUM LP
BOOK P139, PAGES 0434-0438
R-15-168
Meeting 15-31
December 9, 2015
AGENDA ITEM 7
AGENDA ITEM
Consideration of approving a Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District declaring the acquisition of certain real property rights necessary for the
Sierra Azul Open Space Preserve and the Mount Umunhum Environmental Restoration and
Public Access Project (“Project”), and authorizing the acquisition thereof and the transfer of
funds therefor (Portion of Santa Clara County Assessor Parcel Number: 562-22-017, owned by
Michael and Leonard Rossetta).
GENERAL MANAGER’S RECOMMENDATIONS
The General Manager recommends that the Board of Directors approve a Resolution of Need and
Necessity for the following acquisitions from Michael and Leonard Rossetta:
1. A 60-foot wide general public access and drainage easement containing a total of 42,871.80
square feet on that certain property identified as Santa Clara County Assessor Parcel Number
562-22-017, as a critical public access route to the summit of Mount Umunhum in the Sierra
Azul Open Space Preserve.
2. A fee interest to a 19-acre (approximate) property boundary overlap over a portion of
property identified as Santa Clara County Assessor Parcel Number 562-22-017 from Michael
Rossetta and Leonard Rossetta, to resolve a boundary line controversy and to ensure critical
public access within the Sierra Azul Open Space Preserve.
3. The General Manager further recommends that the appropriate amount of funds be
transferred and that funds for immediate possession be allocated.
A two-thirds majority vote of the entire Board of Directors is required to adopt a
Resolution of Need and Necessity.
SUMMARY
In order for the District to fully implement its plan to allow the public to access the summit of
Mount Umunhum via vehicular access over Mt. Umunhum Road, expanded easement rights are
required. In addition, it is necessary to resolve a long-standing boundary controversy to the 19-
acre overlap parcel, in order to preserve existing public open space and ensure critical public
access within the Sierra Azul Open Space Preserve. According to the District’s fair market value
appraisal of the required property rights, the acquisition cost will be $452,225.
R-15-168 Page 2
DISCUSSION
Background
The District acquired the former Almaden Air Force Station from the United States of America
on April 24, 1986 (R-86-20). With this purchase, the District also secured an easement for road
purposes over the entirety of Mt. Umunhum Road from Hicks Road to the Summit of Mount
Umhunhum (5.4 miles). Although this easement allowed approximately 120 people (military
members and their families and visitors) and numerous supply trucks to utilize Mt. Umunhum
Road to access the Air Force Station, the scope of this easement may not allow the District to
invite the public over the road. It is the property owners’ position that the current easement does
not allow the public to drive Mt. Umunhum Road at it crosses their private property. Once a
year, the property owners physically block Mt. Umunhum Road as it traverses their property, in
an apparent attempt to prevent the vesting of public prescriptive rights. Over the years, the
District has purchased a number of properties that Mt. Umunhum Road crosses, and the District
currently owns approximately 70% of the road. There are three private properties that Mt.
Umunhum Road currently crosses, one of which is the subject property owned by Michael
Rossetta and Leonard Rossetta. The proposed acquisition is intended to perfect those rights held
by the District to support the planned use and maintenance of District property.
Since 2010 the District has taken various actions to prepare the summit for public access. Below
is a summary of some of these items:
• In the summer of 2010, the District commenced a number of public and stakeholder
meetings to evaluate opening the summit of Mount Umunhum to the public.
• On October 17, 2012, the District’s Board of Directors approved the project elements of
the Mount Umunhum environmental restoration and public access project (R-12-124).
• The demolition of the improvements from the former Almaden Air Force Station
(excepting the radar tower) was completed in February of 2014.
• The new 5-mile Mt. Umunhum Trail is currently under construction.
• On July 8, 2015, the Board approved a $308,000 contract with Pavement Engineering
Inc., (R-15-103) to design the roadway improvements to accommodate future public
vehicular access to the summit of Mount Umunhum. (Note that the contract for
construction of these improvements will not be let unless or until the proposed Resolution
of Need and Necessity is approved by the Board.)
• On August 26, 2015, the Board approved the final design development options for the
Mount Umunhum Summit Project (R-15-126).
• The Mount Umunhum Summit, Mt. Umunhum Road and the new Mt. Umunhum Trail
are projected to be open to the public in the fall of 2016.
The 19-acre (approximate) property overlap issue relates to the District’s purchase of the
Jamison (R-86-125) and Tobar (R-89-54) properties in 1986 and 1989, respectively. In the early
1990s it was discovered that the eastern boundaries of the above properties may overlap with the
western boundary of the Rossetta’s property. A portion of the District’s Woods Trail (part of the
R-15-168 Page 3
Bay Area Ridge Trail) is located within this disputed area. Over the years, the District and the
property owner have discussed the disputed overlapping area, but a mutually-agreeable
resolution has not been reached. The property owner blocks the District’s Woods Trail once a
year, apparently in an attempt to prevent a public prescriptive easement from vesting. The
overlapping 19-acre area and the ongoing controversy are due to the fact that the property survey
stake that is the point of beginning for the property owner’s property cannot be located in the
area where it is supposed to be, as the description of this point is based on the 1938 location of
what was known as “Woods Road.” The identity of what was known as Woods Road in 1938
also is debatable. In summary, this possible overlap area is a complicated property boundary
situation with no easy solution other than the District purchasing the possible overlap to resolve
the matter with certainty once and for all.
Over the last three years, the District has offered, negotiated, discussed and revised a number of
proposals with Michael Rossetta and Leonard Rossetta for public access and property boundary
resolution related for the Project. Despite these efforts, little progress has been made toward
securing these rights. Most recently, on September 28, 2015, District Staff made a written offer
of just compensation to the property owners based upon an appraisal of the fair market value of
the property rights being sought. Again, despite numerous communications with the property
owner’s attorney, no agreement was reached.
The District remains committed to continue negotiations in an effort to obtain a voluntary
acquisition, but the matter is currently at an impasse. Based on the District’s desired schedule to
open the summit of Mount Umunhum to the public in the fall of 2016, the General Manager
recommends that the Board of Directors approve the adoption of this resolution to acquire the
property rights by eminent domain. Below are the details for each property right:
General Public Access Easement:
This is a 60-foot wide, non-exclusive easement (30 feet on each side of the center line of the
road) for general public access, drainage, operation, patrol, maintenance, repair, replacement,
emergency access and other related uses. The current driving width of Mt. Umunhum Road
would not be significantly expanded beyond its existing width (18-22 feet wide) as part of the
District’s Project. This easement is required for the District to perfect title by resolving the
scope of permitted uses and the width of the easement necessary to support those uses,
improving the condition and safety of Mt. Umunhum Road to allow the public to reach the
summit of Mount Umunhum via vehicular access. Pursuant to the terms of the easement, the
District will take on responsibility for the current road improvements as well as future repair and
maintenance to the road (Mt. Umunhum Road serves as the access route to the property owners’
property).
19-acre (approximate) Fee Property:
This is 19-acre (approximate) acquisition is required to perfect title and resolve a long-standing,
overlapping property line controversy with the property owner and it would secure the District’s
full and undisputed ownership to the portion of Woods Trail that crosses this disputed property
area.
FISCAL IMPACT
FY2015–2016 Budget for New Land Purchases:
R-15-168 Page 4
New Land Purchases Budget $11,000,000.00
Land approved for purchase this year ($8,840,000.00)
Rossetta Property ($452,225.00)
New Land Purchase Budget Remaining $1,707,775.00
The District Controller was consulted on this purchase and has indicated that, considering cash
flow and account balances, funds are available for this property purchase.
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Board Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act and the District’s Land Acquisition
Public Notification Policy as applied to condemnation activities. Additionally, the property
owners were notified of the District’s intent to consider the adoption of a Resolution of Necessity
to acquire property rights by eminent domain at least 15 days before the public hearing pursuant
to California Code of Civil Procedure Section 1245.235
PUBLIC HEARING PROCESS
Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to all persons
whose names and addresses appear on the last equalized County Assessment Roll and any other
persons known to have an interest in the property that a hearing is scheduled for Wednesday
December 9, 2015 at 7:00 pm and thereafter in the Board Room of the Midpeninsula Regional
Open Space District, 330 Distel Circle Los Altos, CA 94022, at which time they may appear to
be heard on the matters referred to in the notice. A list of those persons notified follows:
Michael Rossetta and Leonard Rossetta
217 Gregg Drive
Los Gatos, CA 95032
In order to initiate an action in eminent domain, the Board of Directors must, at this public
hearing, find and determine the following:
A. That public interest and necessity require the property.
Significant sums of taxpayer dollars, both local and federal, have been invested in acquiring and
improving the Mount Umunhum property for public benefit. Allowing the public access to this
publicly owned asset is in the public interest.
The public has expressed great interest in gaining vehicular and trail access to the summit of
Mount Umunhum since the District acquired the summit area in 1986. In the last five years the
public has expressed strong interest in access to the summit at numerous public workshops,
Board meetings, through the vision planning process, and the passage of the voter-approved
Measure AA in June of 2014.
R-15-168 Page 5
The Public Resources Code allows the District to exercise the power of eminent domain to
acquire property for public parks, public trails, natural areas, and ecological and open space
preserves (Public Resources Code sections 5540, 5541 and 5542). The proposed acquisitions are
consistent with that authority. Acquisition of the property rights will allow for public access to
one of the great mountain tops in the Bay Area as well as resolve an outstanding boundary
controversy that affects a portion of the District’s Woods Trail (portion of the Bay Area Ridge
Trail).
B. That the project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury.
Acquisition of the easement rights over the existing roadway will allow the District to improve
the condition and safety of the road while opening it to the public in order to give the public
access to a spectacular Bay Area mountain top that is owned and managed for the public’s
benefit. Acquisition of the fee property overlap is over a portion of property that is vacant and
unimproved with the exception of the District’s Woods Trail. To the District’s knowledge, there
are no permanent residential structures currently on the property. The District’s acquisition will
have no adverse impact on any existing use or foreseeable future development by the Property
Owner. The easement acquisition will actually improve the owners’ current access, as the
District will upgrade the road and take over responsibility for future maintenance and repair
work.
The property owner has expressed concerns about the improvements to Mt. Umunhum Road
adversely affecting the driveways to their property. The District Road Engineer is aware of this
concern and has taken this into account in their improvement design.
C. That the property sought to be acquired is necessary for the project.
Mt. Umunhum Road is the best and preferred access route to allow public vehicular access to the
summit area of Mount Umunhum to ensure that these public lands are accessible to all members
of the public, regardless of their physical ability. Without acquisition of these property rights as
proposed, only hikers and equestrians would be able to access the summit (via the trail on
District property). This road was originally designed and improved to provide access and
supplies for the 120 occupants and their guests and invitees of the former Almaden Air Force
Base. A portion of the District’s Woods Trail is affected by a property line dispute. The Woods
Trail is an 11 mile portion of the Bay Area Ridge Trail, which currently connects Almaden
Quicksilver County Park to Lexington Reservoir. As part of the Project, Woods Trail will
provide trail connections to the new Mt. Umunhum Trail when it is complete and the Mount
Umunhum summit is made open to the public.
D. That the offer required by Section 7267.2 of the Government Code has been made to the
owner or owners of record or has not been made because the owner cannot be located
with reasonable diligence (CCP Section 1245.230).
In a letter dated September 28, 2015, staff made a formal written offer of just compensation to
the owners based on the appraised fair market value ($452,225) of the property rights. The offer
included a full copy of the appraisal. To date the owners have not sought to negotiate the
purchase price with the District.
R-15-168 Page 6
Upon completion and closing of the hearing, staff recommends that the Board of Directors make
the findings and determinations listed under A, B and C above, make an additional finding that
the offer of just compensation required by Section 7267.2 of the Government Code has been
made to the owners of record, and adopt a Resolution of Necessity to acquire the required
property rights by eminent domain.
All questions raised at this public hearing must be with regard to items (A) through (D) listed
above.
CEQA COMPLIANCE
The District Board of Directors certified the Final Environmental Impact Report for the Mount
Umunhum Summit Project at its public meeting of June 12, 2012. An Addendum to the Final
Environmental Impact Report has been prepared and will also be considered for approval by the
Board at the December 9 meeting.
The acquisition of the 19-acre overlap area is categorically exempt from the California
Environmental Quality Act (CEQA) under Article 19, Sections 15301, 15316, 15317, and 15325
of the CEQA Guidelines as follows:
Section 15301 exempts the repair, maintenance, or minor alteration of existing public or
private structures, facilities, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency’s determination.
Section 15316 exempts the acquisition of land in order to create parks if the land is in a
natural condition and the management plan proposes to keep the area in a natural
condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area.
Section 15325 exempts transfers of ownership of interests in land in order to preserve
open space.
NEXT STEPS
If the Resolution is approved by the Board, Price, Postel & Parma LLP., will file formal action in
court to secure the property rights. Notwithstanding this process, District staff will continue to
work with and negotiate with the Property Owners to determine if a settlement is possible.
Attachment(s)
1. Map
2. Resolution of Need and Necessity
Responsible Department Head:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Senior Real Property Agent, Real Property
R-15-168 Page 7
Contact person:
Allen Ishibashi, Senior Real Property Agent, Real Property
Mi d p en in su la Re g io na lOpen S p ac e Di st r ic t
P u b l i c A c c es s a n d D ra in a ge E a s em en t
No vember, 2015
Path: G:\Projects\Sierra_Azul\Mt_Umunhum_AFS\Rossetta_Easement\RosettaEasement_MtUmRd_20151124.mxd
Created By: jhawk
0 400200FeetI
(M RO S D )
While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geographic featur es.
SanJose
UV9
UV880 UV101UV280
UV35
UV17
Cupertino
Area ofDetail
General Public Accessand Drainage Easement
19 Acre Overlap
Mt.Umunh u m R o a d
Woods/Bay Ar e a R i d g e T r a il
Sierra AzulOpen Space Preserve
Gen era l Pub li c A cce ss a nd D ra inag e E a sementDispute A r ea
R o s s e t t aProperty
Tobar1989
Jamison II1986
Ringo1991
MR O SD Pr ese rves
Ea semen t O ver M R OS D
Attachment 2
Resolutions/2015/15-_Mt Um Road RON_Rossetta 1
RESOLUTION 15-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT DECLARING THE ACQUISITION
OF CERTAIN REAL PROPERTY RIGHTS NECESSARY FOR SIERRA
AZUL OPEN SPACE PRESERVE AND AUTHORIZING THE
ACQUISITION THEREOF AND THE TRANSFER OF FUNDS
THEREFOR AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (ROSSETTA:
PORTION OF APN 562-22-017) AT SIERRA AZUL OPEN SPACE
PRESERVE
The Board of Directors of the Midpeninsula Regional Open Space District (“District”) does
hereby desire to acquire certain real property rights described herein below for District use by the
exercise of the power of eminent domain.
1. A 60-foot wide general public access and drainage easement containing a total of
42,871.80 square feet on that certain property identified as Santa Clara County Assessor
Parcel Number 562-22-017, as a critical public access route to the summit of Mount
Umunhum in the Sierra Azul Open Space Preserve, as more particularly described in
Exhibit 1 attached hereto and made a part hereof.
2. A fee interest to a 19-acre (approximate) property boundary overlap over a portion of
property identified as Santa Clara County Assessor Parcel Number 562-22-017, to
resolve an overlapping boundary controversy and for critical public access within the
Sierra Azul Open Space Preserve, as more particularly described in Exhibit 2 attached
hereto and made a part hereof.
3. The acquisition of such rights is required to allow for public access to the summit of
Mount Umunhum, in connection with the Mount Umunhum Summit Project. In
addition, the acquisition will resolve a longstanding controversy over a property
boundary overlap, which will resolve access issues over the portion of Woods Trail
within the disputed overlap area. All activities referred to in this paragraph will
collectively be referred to as the “Project.”
4. Pursuant to Chapter 4, Title 7, Part 3 of the Code of Civil Procedure, written notice of the
intent to consider the adoption of this resolution of necessity was sent on November
20, 2015 to the record owners of the above-referenced property.
5. Due consideration of all oral and documentary evidence introduced has been given.
Now, therefore, by vote of 2/3 or more of its members, the Board of Directors of the District
does find and resolve as follows
1. The findings and declarations contained in this resolution are based upon the record
before the Board of Directors of the District at its public meeting of December 9, 2015,
and its public meetings of June 12, 2012, July 18, 2012, September 19, 2012, October 17,
2012 and August 26, 2015 concerning the Mount Umunhum Summit Project, and the
Attachment 2
Resolutions/2015/15-_Mt Um Road RON_Rossetta 2
testimony, records and documents produced at all said meetings, all of which are
incorporated by this reference;
2. The Board of Directors of the District certified a Final Environmental Report for the Mt.
Umunhum Summit Project at its meeting of June 12, 2012. In addition, the Board of
Directors of the District adopted an Addendum to the Final Environmental Impact Report
for the Mount Umunhum Summit Project at its meeting of December 9, 2015. As to the
acquisition of the above-referenced 19-acre overlap, such acquisition is exempt from
CEQA under Article 19, Sections 15301, 15316, 15317, and 15325 of the CEQA
Guidelines as follows:
Section 15301 exempts the repair, maintenance, or minor alteration of existing public or
private structures, facilities, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency’s determination.
Section 15316 exempts the acquisition of land in order to create parks if the land is in a
natural condition and the management plan proposes to keep the area in a natural
condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area.
Section 15325 exempts transfers of ownership of interests in land in order to preserve
open space.
3. The real property rights to be acquired are more specifically described as portions of
APN: 562-22-017;
4. The said real property rights are to be acquired for public access, District access, and for
preservation of open space, habitat and natural conditions, pursuant to the authority
granted in California Constitution, Article 1, Section 19; California Public Resources
Code Sections 5540, 5541 and 5542; Title 7, Part 3 of the Code of Civil Procedure;
and other provisions of law;
5. The public interest and necessity require the Project;
6. The Project is planned and located in the manner which will be the most compatible with
the greatest public good and the least private injury;
7. The real property rights described herein are necessary for the Project; and
8. The offer required by Section 7267.2 of the Government Code has been made to the
owner or owners of record;
9. Special counsel, Price Postel & Parma LLP are hereby AUTHORIZED AND
EMPOWERED:
To acquire in the District’s name, by condemnation, the said real property rights in accordance
with the provisions of the eminent domain law, the Code of Civil Procedure and the Constitution
of California; and
Attachment 2
Resolutions/2015/15-_Mt Um Road RON_Rossetta 3
To prepare and prosecute in the District’s name such proceedings in the proper court as
are necessary for such acquisition; and
To deposit the probable amount of compensation, based on an appraisal, and to apply to
said court for an order permitting the District to take immediate possession of said property and
to use said property for said District uses and purposes.
This Resolution supersedes any prior Board resolutions, if any, concerning the subject
property.
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on
behalf of the District and in its name, to execute and deliver such documents and to do such acts
as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ___________, 2015, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
1
PUBLIC ACCESS, CONSTRUCTION, DRAINAGE, PATROL AND MAINTENANCE
EASEMENT
ROSSETTA
(Mt Umunhum Road)
A Public Access, Construction, Drainage, Patrol and Maintenance Easement on the terms
described below:
RECITALS
A. Michael Rossetta and Leonard Rossetta (“Owners”) are the Owners of certain real
property situated in the County of Santa Clara, State of California, and more particularly
described in Exhibit A attached hereto and incorporated herein by this reference, Assessor’s
Parcel Number 562-22-017 (the “Owners’ Parcel”).
B. Midpeninsula Regional Open Space District (“District”) is the owner of certain
real property situated in Santa Clara County, which is immediately adjacent to the Owners’
Parcel and is commonly known as the Sierra Azul Open Space Preserve, as it currently exists or
may be expanded in the future, as generally depicted in Exhibit B attached hereto and
incorporated herein by this reference (the “District Preserve”).
C. District seeks to acquire from Owners a perpetual, non-exclusive easement in,
over, along, and through a portion of Owners’ Parcel for District purposes including general
public access, drainage, operation, patrol, maintenance, repair, replacement and emergency
access, as more particularly described in this document (“Roadway Easement”).
D. District also seeks to acquire from Owners a perpetual, non-exclusive easement
in, over, along, and through a portion of Owners’ Parcel for District purposes including storm
water drainage, maintenance, repair and replacement of drainage structures (“Drainage
Easement”).
1. Terms of Public Access, Drainage, Construction, Patrol and Maintenance Easement.
(a) Roadway Easement Scope and Description. A perpetual, non-exclusive
easement over a roadway commonly known as Mt. Umunhum Road (“Roadway Easement”) as
set forth in this Section 1 as appurtenant to the District Preserve as it currently exists or may be
expanded in the future for general public access (vehicular driving, hiking, bicycling and
equestrian use), drainage, operation, patrol, maintenance, repair, replacement, emergency access,
and other related uses in, on, over, along, and through a portion of Owners’ Parcel. A legal
description and plat map of the Roadway Easement is included in Exhibit C attached hereto and
incorporated by this reference.
2
(b) Drainage Easement Scope and Description. A perpetual, non-exclusive
easement in, over, across and through that certain real property described in Exhibit D attached
hereto and made a part hereof, for drainage of storm water and construction, operation and
maintenance of drainage facilities, including but not limited to culverts, water energy
disbursement features and drainage pipelines (“Drainage Easement”). The Roadway Easement
and the Drainage Easement will collectively hereinafter be referred to as “the Easements”.
(c) Term. The term of the Easements shall be perpetual as long as the District
Preserve is used for public open space and park purposes in accordance with Public Resources
Code section 5500 et seq.
(d) Construction. District shall perform and be financially responsible for all
construction and upgrade work to Mt. Umunhum Road within the Easements. Such construction
and upgrade work shall include, but not be limited to road resurfacing, slope stability, drainage
improvements, and safety improvements (“Roadway and Drainage Improvements”).
During construction of the Roadway and Drainage Improvements, Owners shall
provide District and/or its contractor with reasonable access to the portions of Owners’ Parcel
immediately adjacent to the Easements, as are reasonably necessary to allow construction of the
Roadway and Drainage Improvements, without further consideration paid. Any damage
occurring to Owners’ Parcel as a result of such entry shall be repaired by District and/or its
contractor.
For future construction, repair or maintenance of Mt. Umunhum Road within the
Easements, Owners shall provide District and/or its contractor with reasonable access to the
portions of Owners’ Parcel immediately adjacent to the Easements, as are reasonably necessary
to allow the District to repair and maintain the Roadway and Drainage Improvements within the
Easements, without further consideration paid.
(e) Installation/Relocation of Gates. District shall have the right to install new
gates within the Roadway Easement, and to remove or relocate any gates existing in the
Roadway Easement as of December 9, 2015, with the caveat that District shall take into
consideration, and make reasonable efforts to accommodate, any access or security concerns
raised by Owners.
(f) Road Repair and Maintenance. District shall be responsible for repairing
and maintaining Mt. Umunhum Road including the Roadway and Drainage Improvements,
within the Easements along with all other District installed improvements within the Easements,
such as gates, fencing, slope, drainage and safety improvements. Any damage occurring to Mt.
Umunhum Road caused by Owners or Owners’ contractors, agents or invitees’ use of said road,
however, shall be repaired by Owners.
(g) Posting Signs. District shall post a sign at driveway intersections within
the Roadway Easement, notifying the public that entry onto Owners’ private lands off the
Easements is strictly forbidden. District will consult with Owners regarding the design and
contents of such sign(s), but final approval of the design, content and placement of the sign(s) is
subject to the District’s approval.
3
(h) Non-Exclusive Use. The Easements shall be non-exclusive, and Owners
may make use of the area within the Roadway Easement for vehicular ingress and egress as long
as such use does not unreasonably interfere with the Easements or their intended purposes.
(i) Non-Permitted Uses.
(1) Owners shall have no right to install or maintain any video,
lighting or audio surveillance equipment within the Easements.
(2) Owners shall not have the right to install any gates, signage or
fencing within the Easements without the District’s written consent.
(3) The general public shall not be permitted to park any motor
vehicles within the Easements (unless under an emergency situation).
2. Requirements of Law. District shall comply with all present and future laws, rules,
orders, ordinances, regulations, statutes, requirements, codes, and executive orders (collectively,
“Laws”) of all governmental authorities now existing or hereafter created affecting the
Easements granted herein, or uses thereof.
3. As-Is Conveyance. District agrees and acknowledges that Owners have made no
representations or warranties as to the condition of the area contained in the Easements or their
suitability for District’s purposes. Neither Owners nor anyone acting for or on behalf of Owners
have made any representation, statement, warranty or promise to District concerning the physical
aspects or condition of the Easements including, without limitation, conditions of the soil, land
use restrictions, existence or non-existence of “Hazardous Materials” or suitability for the
purpose for which District plans on using the Easements. District specifically acknowledges that
it is acquiring the Easements in their “As-Is” physical condition and “As-Is” state of repair of the
Easements. For purposes of this document, “Hazardous Materials” includes, without limitation,
any flammable materials, explosive, hazardous or toxic substances, or related materials defined
in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
now or hereafter amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials
Transportation Act, as now or hereafter amended (49 U.S.C. Sections 1801, et seq.), the
Resource Conservation and Recovery Act (42 U.S.C. Sections 9601, et seq.), and in the
regulations promulgated pursuant thereto, or any other similar federal, state or local government
law, ordinance, rule or regulation. However, Owners shall be solely and completely responsible
for responding to and complying with any administrative notice, order, request or demand, or
third party claim or demand, relating to potential or actual Hazardous Materials contamination
on, in, or under the Easements, including all costs of remediation and clean up, except when such
contamination was caused solely by District.
4. Liability and Indemnification.
(a) District will indemnify, defend and hold harmless Owners, and their heirs,
successors and assigns, from and against any and all third party claims, demands, damages,
actions and causes of action (hereinafter, “Claims”), asserted by any and all third parties, persons
4
or entities including, without limitation those asserted by employees, agents, invitees of District
(including members of the general public using Mt. Umunhum Road within the Roadway
Easement) or guests of District and its contractors, subcontractors and/or consultants, including
without limitation claims for personal injuries, wrongful death, mental or emotional distress, loss
of consortium, damage to real, personal and/or intangible property, and financial, monetary or
pecuniary loss or expenses of any kind or character whatsoever, that are or may be caused or
contributed to by the construction, reconstruction, maintenance, or use of the Easements by
District’s contractors, guests or invitees. Excluded from this indemnification are any harms
arising from any conduct, physical hazards or dangerous conditions created or actively
contributed to by Owners or their, agents, guests or other of their invitees.
(b) Owners will protect, indemnify, defend, and hold District, its officers, directors,
employees, volunteers, or agents, harmless from and against any and all loss, liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses (including, without
limitation, reasonable attorneys’ fees and all costs, disbursements and expense of legal counsel)
imposed upon or incurred by or asserted against District caused by or arising from Owners’ use
of the Roadway Easement.
5. Notice. All notices, demands, consents, requests, approvals, disapprovals,
designations or other communications (all of the foregoing hereinafter referred to as “notice”)
that any Party hereto gives to any other Party shall be in writing and shall be deemed to have
been properly given if (a) served personally, or (b) mailed, when deposited with the United
States Postal Service within the boundaries of the continental United States for registered or
certified delivery, return receipt requested, with postage prepaid, or (c) sent by overnight courier,
postage prepaid, in each case addressed to the applicable recipient as follows:
If to Owners: Michael Rossetta and Leonard Rossetta
217 Gregg Drive
Los Gatos, CA 95032-4043
Telephone: (408) 335-8296
With a copy to: Matteoni, O’Laughlin & Hechtman
Attn: Norman E. Matteoni
848 The Alameda
San Jose, CA 95126
If to District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attn: Real Property Manager
Telephone: (650) 691-1200
Facsimile: (650) 691-0485
5
6. Miscellaneous
(a) Dispute Resolution. The Parties, on behalf of themselves and their
respective officers, directors, employees, agents, successors and assigns, agree that if they cannot
resolve any dispute or claim between themselves, before resorting to judicial remedy, they will in
good faith attempt to resolve any such dispute or claim through non-binding mediation.
Mediation shall be initiated by presentation of a statement of dispute, with reasons therefore, to
the other party in writing, with a request for mediation. Within 14 days of receipt of the request,
the party receiving the request shall respond to the request and propose a list of experienced and
appropriately qualified mediators from which to choose, and a proposed schedule for conducting
the mediation promptly to attempt to address the concerns raised.
(b) Captions. The captions of this document are inserted only as a matter of
convenience and for reference. They do not define, limit or describe the scope or intent of this
document and they shall not affect the interpretation hereof.
(c) Exhibits. Each of the Exhibits referenced in this document is attached
hereto and incorporated herein.
(d) Amendment. This document may be amended only by an instrument in
writing executed by the Parties hereto or their successors and assigns.
(e) Written Consent Required. Whenever a Party is requested to consent or to
approve of any matter with respect to which its consent or approval is required by this document,
such consent or approval shall be given in writing.
(f) Further Assurances. The Parties shall execute such further documents and
instruments as may reasonably be required from time to time by the other Party to effectuate and
carry out the provisions hereof and to take such further actions as may reasonably be required to
give the terms hereof full force and effect for the benefit of the Parties.
(g) Attorney’s Fees. In the event that either Party shall institute any action or
proceeding against any other Party hereto to enforce, interpret or seek damages for breach of any
of the terms, provisions or conditions of this document, then the prevailing Party in any such
action or proceeding shall be entitled to recover from the other Party the reasonable attorney’s
fees and costs incurred by the prevailing Party in the prosecution or defense of any such action or
proceeding.
(h) Terms Run with the Land. The Easements, terms, covenants and
conditions herein contained shall run with the land and be binding upon and inure to the benefit
of the successors and assigns of the Parties hereto pursuant to California Civil Code
Section 1468.
(i) Severability. If any provision of this document shall to any extent be
invalid or unenforceable, the remainder of this document (or the application of such provision to
persons or circumstances other than those in respect of which it is invalid or unenforceable) shall
not be affected thereby, and each provision of this document, unless specifically conditioned
6
upon such invalid or unenforceable provision shall be valid and unenforceable to the fullest
extent permitted by law.
(j) Governing Law. The terms of this document shall be construed and
governed in accordance with the laws of the State of California.
Page 1 of 2
ORDER NO. : 0626027331-BC
EXHIBIT A
The land referred to is situated in the unincorporated area of the County of Santa Clara, State
of California, and is described as follows:
Parcel I
Beginning at a point in the Southwestern boundary of the Pueblo land of the City of San Jose,
marked by a 1-1/2-inch pipe set 3 feet in the ground, and being in said Pueblo line North 58°
24' West, 37 feet from a one-inch pipe set in the Northerly side of what is known as the
“Woodroad”, where said road crosses said Pueblo line in Section 9, Township 9 South, Range 1
East, M.D.B. & M.; thence West 15 links; thence South to a point West of a 3/4-inch pipe, which
3/4 inch pipe is set in a hillside South 01° 31’ 56” East, 721.17 feet from a 2” pipe set within a
3” pipe in said Pueblo line where it crosses the ridge between the Guadalupe and Almaden
watersheds; thence East to West line of Lot 2 of said Section; thence North along the West line
of said Lot 2 to the said Pueblo line; thence Northwesterly along said Pueblo line to the point of
beginning and containing 27.98 acres, more or less, and being sometimes referred to as Lot 1
of said section.
Parcel II
A right of way for a telephone line without poles or towers along the alignment of the existing
road to the property granted herein and for a telephone line without or towers and
underground utility lines on and along the way of the private Peckham Road to Bald Mountain,
as construction in 1956, as it now exists or may be re-aligned, together with the right of access
to install, repair, maintain and replace the same without damage to any water source, water
delivery system, or structure, across the lands in Santa Clara County California, described as
follows:
Beginning at a point in the Southwestern boundary of the Pueblo land of the City of San Jose,
marked by a 1-1/2-inch pipe set 3 feet in the ground and being in said Pueblo line North 58° 24'
West, 37 feet from a one-inch pipe set in the Northerly side of which is known as the
“Woodroad” where said road crosses said Pueblo line in Section 9, Township 9 South, Range 1
East, M.D.M.; thence West 15 links; thence South to a point 40 chains North of the South line
of said section; thence East to the Southwest corner of Lot 3 of said section; thence North
along the West line of Lots 3 and 2 of said section to the said Pueblo line; thence Northwesterly
along said Pueblo line to the point of beginning, and containing 67.98 acres, more or less.
NOTE: Parcel II herein described is only being included so as to avoid the Company being the
cause of excluding it from deeds or encumbrances, but NO INSURANCE is to be provided as to
said parcel.
Anything to the contrary in the policy or endorsements thereto notwithstanding, said parcel is
NOT INSURED even though it may be included as part of the description of the land described
or referred to in the policy.
Page 2 of 2
The Company requires that the insured(s) acknowledge in writing that they understand this.
Should a request, however, be made for insurance in this regard, it must be referred to the Title
Department for an appropriate response.
APN:562-22-017
ARB:562-22-x11
)
))
)
)
)
)
)
)
)
)
)
R i n c o n C re e k
AlamitosCreek
H i nckleyCreek
LosCapitancillosCreek
Guadalupe
Cre
ek
Soquel Creek
LosGato
sCr e e k
H e r b e r t C ree k
B e a nCreek
A
m
a
y
a
C
r
e
e
k
LyndonCyn.Creek
Barre
t
C
re
e
k
B
r
a
nciforteCreek
West
B
r
a
n
c
h
S
o
q
u
e
l
C
r
e
e
k
Carbone ra C r e e k
Mountain
CharlieCr
k
He
s
terCreek
B
urn
s
Creek
L a u relCreek
Bayview St
S
t
a
g
e
C
oachRd
Almaden
Blvd
C ole m an St
C h i q u i t a Rd
O
ld
San
J
o
s
e
R
d
Glenwood
Av
e
Kennedy
R
d
Sum
mitTrl
LomaPrietaWay
£¤35
£¤9
£¤17
Mt. ElSombroso
BaldMountainMt.Umunhum
Mt.Thayer
LomaPrieta
Mt.Chuai
CrystalPeak
Ralph'sMountain
MineHill
ChurchHill
St.Joseph'sHill
PriestRock
M t.Um u n h u mRoa
d HicksRoad
Midpeninsula Regio nalOpen Space District
September, 2015
0 21Miles
(MROSD)
Sierra AzulOpen Space Preserve
Created By: jhawk
Path: G:\Projects\Sierra_Azul\Regional\SA_Regional_BW_v.mxd
Sierra Azul Open Space Preserve
Other MROSD Preserves
Highways and Major Roads
Sierra Azu l
Page 1 of 2
Mount Umunhum Road
The following Easement for Right of Way is situated in the unincorporated area
of the County of Santa Clara, State of California, over and across the following
described real property:
Beginning at a point in the Southwestern boundary of the Pueblo land of the City
of San Jose, marked by a 1-1/2-inch pipe set 3 feet in the ground, and being in
said Pueblo line North 58° 24' West, 37 feet from a one-inch pipe set in the
Northerly side of what is known as the “Woodroad”, where said road crosses said
Pueblo line in Section 9, Township 9 South, Range 1 East, M.D.B. & M.; thence West
15 links; thence South to a point West of a 3/4-inch pipe, which 3/4 inch pipe is set
in a hillside South 01° 31’ 56” East, 721.17 feet from a 2” pipe set within a 3” pipe in
said Pueblo line where it crosses the ridge between the Guadalupe and Almaden
watersheds; thence East to West line of Lot 2 of said Section; thence North along
the West line of said Lot 2 to the said Pueblo line; thence Northwesterly along said
Pueblo line to the point of beginning and containing 27.98 acres, more or less,
and being sometimes referred to as Lot 1 of said section.
EASEMENT for RIGHT OF WAY PURPOSES
A strip of land 60.00 feet in width, lying 30.00 on each side of the following
described Centerline:
Commencing at a point in the Southwestern boundary of the Pueblo land of the
City of San Jose, marked by a 1-1/2-inch pipe set 3 feet in the ground, and being
in said Pueblo line North 58° 24' West, 37 feet from a one-inch pipe set in the
Northerly side of what is known as the “Woodroad”, where said road crosses said
Pueblo line in Section 9, Township 9 South, Range 1 East, M.D.B. & M.; thence West
15 links; thence South 2°11'08"West a distance of 1195.03 feet to a ¾” Iron Pipe
with a brass disk stamped NW 1/16 S9 RCE11051;thence North 86°39'57" East a
distance of 649.57 feet to a point in the center line of a road known as the “Loma-
Almaden Road” and the Point of Beginning,
From the Point of Beginning on a curve concave northwesterly having a radius of
233.90 feet to which a radial line bears South 57°51'21" East;
Thence,(1)northeasterly along said curve through a central angle of 2°38'28" an arc
length of 10.78 feet;
Thence,(2)North 29°19'58" East a distance of 114.08 feet to the beginning of a curve
concave westerly having a radius of 133.70 feet;
Thence,(3)northerly along said curve through a central angle of 34°45'53" an arc length
of 81.12 feet;
Thence,(4)North 5°25'55" West a distance of 97.62 feet to the beginning of a curve
concave easterly having a radius of 167.56 feet;
Thence,(5)northerly along said curve through a central angle of 51°08'09" an arc length
of 149.55 feet to the beginning of a reverse curve concave northwesterly having a radius
of 452.99 feet;
Thence,(6)northeasterly along said curve through a central angle of 25°04'32" an arc
length of 198.25 feet;
Thence,(7)North 20°37'42" East a distance of 19.92 feet to the beginning of a curve
concave southeasterly having a radius of 161.41 feet;
Thence,(8)northeasterly along said curve through a central angle of 7°57'05" an arc
length of 22.40 feet to the said Pueblo line.
The sidelines of said strip shall be prolonged or shortened so as to begin and
terminate at the easterly and southerly lines of said property.
(Containing 41,623.80 Square Feet – 0.96 Acres)
END OF DESCRIPTION
Signature
Date September 15, 2015
This real property description has been prepared by me,
or under my direction, in conformance with the
Professional Land Surveyors Act.
No.7835
BARAK
J. MILES
S89°08'36"E9.82'
N 8 6 °3 9'36 "E
6 4 9 .57
S02°11'08"W
1195.03
PUEBLO LANDS OF SAN JOSE
562-22-037
LAND OF MROSD
LAND OF MEYER562-22-041
562-22-017
LAND OF ROSSETTA
N
northTRACTNO.3
DRAINAGE
EASEMENT
1,248 SF
P.O.B.
(41,623.80 Square Feet –0.96 Acres)
www.geo-west.com 805.461.5560
PO BOX 1383, San Luis Obispo, CA 93406
Mount Umunhum Road
60' WIDE
M T .U M U N H U M R O A D
ROAD EASEMENT
Page 1 of 2
Drainage Easment
The following Easement is situated in the unincorporated area of the County of
Santa Clara, State of California, over and across the following described real
property:
Beginning at a point in the Southwestern boundary of the Pueblo land of the City
of San Jose, marked by a 1-1/2-inch pipe set 3 feet in the ground, and being in
said Pueblo line North 58° 24' West, 37 feet from a one-inch pipe set in the
Northerly side of what is known as the “Woodroad”, where said road crosses said
Pueblo line in Section 9, Township 9 South, Range 1 East, M.D.B. & M.; thence West
15 links; thence South to a point West of a 3/4-inch pipe, which 3/4 inch pipe is set
in a hillside South 01° 31’ 56” East, 721.17 feet from a 2” pipe set within a 3” pipe in
said Pueblo line where it crosses the ridge between the Guadalupe and Almaden
watersheds; thence East to West line of Lot 2 of said Section; thence North along
the West line of said Lot 2 to the said Pueblo line; thence Northwesterly along said
Pueblo line to the point of beginning and containing 27.98 acres, more or less,
and being sometimes referred to as Lot 1 of said section.
DRAINAGE EASEMENT
The Centerline of a 30 FEET wide easement for Drainage purposes described as
follows:
Commencing at a point in the Southwestern boundary of the Pueblo land of the
City of San Jose, marked by a 1-1/2-inch pipe set 3 feet in the ground, and being
in said Pueblo line North 58° 24' West, 37 feet from a one-inch pipe set in the
Northerly side of what is known as the “Woodroad”, where said road crosses said
Pueblo line in Section 9, Township 9 South, Range 1 East, M.D.B. & M.; thence West
15 links; thence South 2°11'08" West a distance of 1195.03 feet to a ¾” Iron Pipe
with a brass disk stamped NW 1/16 S9 RCE11051; thence North 86°39'57" East a
distance of 649.57 feet to a point in the center line of a road known as the “Loma-
Almaden Road,”
Thence, North 27°36'44" East a distance of 635.11 feet to the Point of Beginning;
Thence,(1)North 69°47'35" West a distance of 41.57 feet to the Sideline a 60 feet
wide road easement granted to Midpeninsula Regional Open Space District and
sidelines of said strip shall be prolonged or shortened so as to terminate at the
sideline of said 60 feet wide road easement.
(Containing 1,248 Square Feet)
END OF DESCRIPTION
Signature
Date September 15, 2015
This real property description has been prepared by me,
or under my direction, in conformance with the
Professional Land Surveyors Act.
No.7835
BARAK
J. MILES
S89°08'36"E9.82'
N 8 6 °3 9'36 "E
6 4 9 .57
S02°11'08"W
1195.03
PUEBLO LANDS OF SAN JOSE
562-22-037
LAND OF MROSD
LAND OF MEYER562-22-041
562-22-017
LAND OF ROSSETTA
N
northTRACTNO.3
DRAINAGE
EASEMENT
1,248 SF
P.O.B.
(41,623.80 Square Feet –0.96 Acres)
www.geo-west.com 805.461.5560
PO BOX 1383, San Luis Obispo, CA 93406
Mount Umunhum Road
60' WIDE
M T .U M U N H U M R O A D
ROAD EASEMENT
M:\Docs\GIA\2013\G13029\rossetta_mrosd.docx Page 1 of 1
LEGAL DESCRIPTION – ROSSETTA TO MROSD (apparent deed overlap)
SITUATE in Section 9, T. 9 S., R. 1 E., M.D.M., County of Santa Clara, State of California.
BEING all that portion of that certain deed filed for record in the Office of the County Recorder
of Santa Clara, State of California, in Book J501 of Official Records, Page 321-322, recorded
October 29, 1985, as Document No. 8573460, lying Northerly and Westerly of the following
described line:
BEGINNING at a point in the Southwestern Boundary of the Pueblo Land of the City of San
Jose marked by a 1 1/2 inch pipe set 3 feet in the ground and being in said Pueblo Line N.58°24’
W. 37 feet from a one-inch pipe; thence West 15 links; thence South along the Westerly line of
Lot 1 of said Section.
BEING the same line as shown on the Record of Survey Map of the lands of Midpeninsula
Regional Open Space District, filed for record in the Office of the County Recorder of Santa
Clara, State of California, in Book 653 of Maps, Page 27, recorded January 18th, 1994, as File
No. 12317010, and designated thereon as West 9.82 feet; and South 01°19’44” West,
respectively.
END OF DESCRIPTION
Prepared by: Ifland Survey
August 19, 2015
Revised: Revised December 1, 2015
Job No. G13029
From:Jennifer Woodworth
Subject:Agenda Questions for 12/9/15
Date:Wednesday, December 09, 2015 10:20:17 AM
Good morning all,
Please find responses to questions received related to the 12/9/15 agenda. I will also have printed
copies at the meeting tonight, and they have been posted to the website. Thank you.
Director Harris
70842 $8,582.50 Santa Clara County Forum/Two Plotters
What is this?
The Santa Clara Forum was $100 and provided a very informative one-day leadership training for
one of the District’s rising stars put on by the International City and County Manager’s Association.
This is type of training is critical to succession planning for the District.
The remaining $8482.50 was for the purchase of 2 Plotters. Plotters are large scale printers that
print over-size documents, including large maps and posters. We print maps in-house for public
events, meetings, as well as large scale construction plans as part of permit submittals. The last
plotter that was purchased was 6 years ago and is no longer functional. HP no longer supports this
model; we did first try to repair the plotter, but the repairs were going to cost as much as
purchasing a new plotter.
We purchased one 40” plotter and one 24” plotter for the new office lease spaces (AO2, A03, and
A04). The 24” plotter will also serve as a backup plotter. When the plotter was out of service, many
project managers were waiting to print to submit plans for permits given that one plan set print job
costs approximately $1200 at Kinkos or Walgreens.
70902 $3,124.00 Legal Services - CEQA Review
Why are we paying an attorney for CEQA review? Aren't we using a consulting firm to prepare CEQA?
Outside legal counsel is assisting staff with the drafting and negotiation of the Ravenswood Bay
Trail Easement as well as reviewing the corresponding environmental document. As part of these
negotiations, the SFPUC, the owner of the property the Bay Trail will cross, has informed the
District that the City of San Francisco’s attorney specializing in CEQA will need to review the
environmental document prior to public circulation.
Because of our outside legal’s knowledge of the Ravenswood Bay Trail project, CEQA expertise and
experience working the SFPUC, their contract included the review of the environmental
documents. They will also be working with the SFPUC legal counsel throughout the SFPUC’s review
of the documents. In addition, various District departments have also reviewed the documents,
including the legal department. This additional outside legal support streamlines the complex
review and consultation process with the multiple stakeholders and approval processes.
70884 $1,744.86 Consulting Services and Lodging?
We have so many consultants and temporary staffing now. Why are we doing this rather than hiring
people as part or full-time employees?
Communication Advantage (Marty Boyer) is currently on contract for the Public Affairs Department
and has assisted with writing the Legislative and External Affairs Specialist position job description,
reviewing applicants, and serving on the interview panel. HR has been very busy with other hirings
and we tried to expedite this one as a contingent position. Unfortunately, we were not able to find
a qualified candidate to fill the position as a contingent, and will be going back to the repost this
position in early January.
70892 $675.00 Exec Svc
I thought that we hired Pat O'Brien for the AA Campaign. What now?
Pat O’Brien has been on contract to assist with legislative review and to inform the District on
emerging issues of potential concern. He has also provided input in the development of the
legislative position job description given his familiarity with these types of positions. He is serving
as the interim General Manager of Marin County Parks now and we are no longer using his
services.
Jennifer Woodworth, CMC
District Clerk
jwoodworth@openspace.org
Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
P: (650) 691-1200 - F: (650) 691-0485
E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if
any) may be subject to the California Public Records Act, and as such may therefore be subject to
public disclosure unless otherwise exempt under the Act.