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HomeMy Public PortalAbout19971210 - Agenda Packet - Board of Directors (BOD) - 97-36Regional Open , ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-36 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California December 10, 1997 6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION 1. Public Employment - Government Code Section 54957 Public Employee Mid-Year Performance Evaluation - District Legal Counsel 2. Labor Negotiations - Government Code Section 54957.6 A. Conference with Labor Negotiator - Unrepresented Employees Agency Negotiator: Directors Davey, Hanko, and Siemens Unrepresented employee(s): District Legal Counsel 7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- M. Davey WRITTEN COMMUNICATIONS BOARD BUSINESS 7:45) 1. Acceptance of Informational Presentation on Behalf of Friends of Bear Creek Redwoods Regional Preserve (Former Alma College Site) by Vicki Moore, Associate Policy Director with Greenbelt Alliance -- C. Britton Resolution Endorsing Acquisition and Creation of the Bear Creek Redwoods Regional Preserve Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos, CA 94022-1404 # Phone:650-691-1200 1972-1997 - FAX: 650-691-0485 * E-mail: mrosd@openspace.org * web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton Meeting 97-36 Page 2 8:15) 2. Proposed Addition of Peninsula Open Space Trust Property to Purisima Creek Redwoods Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan Recommendations Contained in the Report, Including Naming the Property as an Addition to Purisima Creek Redwoods Open Space Preserve; and Indicate the Board's Intention to Dedicate the Property as Public Open Space -- M. Williams Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Purisima Creek Redwoods Open Space Preserve - Lands of POST) 8:25) 3. Acceptance of an Amendment to Agreement to Purchase Fee Determinable Estate from Jacob and Tamara Guenther for the Proposed Sale of a 50-Year Interest in a 10-Acre Surplus Parcel Adjoining Skyline Ridge Open Space Preserve and Authorizing District Financing by Means of a Secured Promissory Note and First Deed of Trust -- M. Williams Resolution Approving and Authorizing Entering Into an Amendment to Agreement to Purchase Fee Determinable Estate for the Sale of the Surplus Property, Authorizing District Financing by Means of a Secured Promissory Note and First Deed of Trust and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Skyline Ridge Open Space Preserve - Sale of Surplus Property to Guenther) 8:35) 4. Annual Dedication Status of District Lands -- C. Britton Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes 5. Sale of Surplus Generators at Mt. Umunhum, Sierra Azul Open Space Preserve, to Dynamic Energy Corporation of British Columbia Through a Renewed Agreement with Tom Henning Company of Los Altos; Determination that the Project is Categorically Exempt from the California Environmental Quality Act; Determination that the Property is Unnecessary for District Purposes Under California Public Resources Code 5563; Authorization for the General Manager to Renew the Agreement with Tom Henning Company to Market the Four Diesel Generators Located at the Former Almaden Air Force Station on Mt. Umunhum; and Authorization for the General Manager to Execute a Sales Agreement with Dynamic Energy Corporation to Purchase the Four Diesel Generators Located at the Former Almaden Air Force Station on Mt. Umunhum R. Anderson i Meeting 97-36 Page 3 6. Denial of Claims Against the District Submitted by Certain Property Owners in Portola Park Heights Adjacent to Long Ridge Open Space Preserve -- S. Schectman 7. Addition of District Clerk to Designation of Authorized Signatories for District Accounts -- D. Dolan Resolution Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts Resolution Authorizing Signing and Endorsing Checks and Other Instruments for General Checking Account (Mid-Peninsula Bank) Resolution Authorizing Signing of Payroll Related Checks for Payroll Checking Account (Mid-Peninsula Bank) Resolution Authorizing Telephone Withdrawals, Deposits, and Wire Transfers Mid-Peninsula Bank) 8. Cancellation of December 24 Meeting -- C. Britton 8:40) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) ADJOURNMENT NOTE.• Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar shall 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. RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond r Director Acknowledge/Rsa pond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) t No Response Necessary 18474 Grizzly Rock Los Gatos, Ca 95030 11-13-97 Board of Directors M ROSD 330 Distel Circle Los Altos, Ca 94022-0485 Dear Sirs, When mountain biking recently, I saw your sign proposing to close the trails to biking during wet conditions. As the trails have become damaged, probably due in part to wet weather use, I support the proposal. It is important that we preserve our wilderness areas with wise, sensitive and appropriate use, be that hiking, rock climbing or mountain biking. Sincerely, Bruce Bettencourt cc Barry Boulton, Chair, Executive Committee, Loma Prieta Chapter, Sierra Club Leda Beth Gray, Audobon Society Regional Open " -Nace j 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Bruce Bettencourt 18474 Grizzly Rock Los Gatos, CA 95030 Dear Mr. Bettencourt: Thank you for your letter of November 13, 1997 regarding the closure of trails during wet weather conditions. The District's Board of Directors reviewed your letter at its regular meeting last night, and is very appreciative of your support of the District's efforts to prevent damage to the preserves by limiting use during adverse conditions. The District is committed to a philosophy of multiple-use of its public trails. The support of responsible mountain bicyclists such as yourself helps us to continue to allow access for a variety of users. Thank you for sharing your thoughts with us and we hope that you will continue to enjoy your open space preserves. Sincerely, Mary C. Davey, President Board of Directors MCD/gb cc: MROSD Board of Directors Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972.1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton RESPONSE ACTION PROPOSED SY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Date : Wed, 12 Nov 1997 04 : 08 :27 -0800 Staff Ackno.led From: Robert Anglim <ranglim@ibm.net> Draft Response ::/ R::P:nd Staff to be Direct':d :o Prepare Draft Reply-To : ranglim@ibm.net Response for Consideration par Hoard t v a) To: mrosd@openspace .org Subject : Disappointed Dog Owner No Response Necessary NOTE - Please forward this note to the proper representative/boardmember responsible for constituent feedback/criticism. Dear Sirs; You are preserving open space for the benefit of the general public . Do you know what percentage of the general public have dogs as pets . I could look it up, but you should know because this is the percentage of the population that you are failing to properly serve . I own a young retriever with an excess of energy - the dog needs exercise, wants to run every day, loves to swim. I ' d always taken my previous dog to the percolation ponds in Campbell for the occasional swim, a big event in her life . I 've recently taken this new dog there for the same purpose only to find signs posted that dogs must be on a leash and be kept out of the water - to preserve the natural habitat . Now I understand this is not your jurisdiction, but it serves to illustrate the problem. First there was a natural creek, then this was dammed for flood control, then a series of water treatment percolation ponds built, then freeways built adjacent to these properties, 17 and recently the 85 intersection. And now someone restricts access to it to preserve the natural habitat ! What a joke - what natural habitat - it ' s all man made and will never be restored to its natural state . I really can' t imagine what the people were thinking. What possible harm occurs when my dog is taken off her leash, then retrieves a ball from the water? When I received your brochure on the open space preserves, I immediately recognized this as a logical alternative - an opportunity to get to some 'wide open spaces ' where the dog could just run around and have fun. However, when reading your brochure, I find that dogs are not even allowed in the majority of the preserves, and restricted to a leash in all but one . Again the mind boggles. What possible motivation led to these policies . Aren' t these sites generally undeveloped, so what possible damage could be done by the dog to property? Unlikely. Dog could bite another person? Unlikely. The dog is a friendly house pet as I would imagine would be the case with most people, very unlikely to bite anything. Low risk, less than current exposure at parks and school grounds, which are the more heavily frequented current alternatives . Dog may get ticks or may otherwise become injured. OK, but isn' t that my loss, my risk to take? Dog would provide protection from mountain lions . This is good, right? Right? I 'm beginning to wonder now that it has become clear there is a lot I don' t understand about the rational behind your policies . grin-wed--for Malcolm Smith <mrosd@openspace.org> 1-2-7-9-7—,--Disappointed-ifite-ci OwnerRobertAsig17- I 'm really curious about the justification for these restrictions . if there had been concerns, what has been your experience with the one preserve which allows dogs off of a leash? Has the experience from this facility provided any knowledge or information which would support the continued restrictions at the other preserves? Assume that there is a substantial segment of the population which are responsible, conscientious citizens, have dogs as pets and need an appropriate place to recreate with their dogs, provide exercise, etc . , what are the choices . 1 . Back yard - fine, have that, but more is needed. 2 . Private property (someone elsels) - no, not appropriate . 3 . Neighborhood or city streets - inappropriate, dog likely killed by car. 4 . School yards or community parks - convenient, yet less than ideal . High frequency of mothers with small children which can be disturbed or threatened by an unknown dog. In consideration for these other people, I would prefer to take the dog somewhere else where this could be avoided. 5 . State or national parks - to my knowledge, none readily accessible from Cupertino where you could take your dog on a typical Sunday afternoon for an hour or two, and charges and restrictions apply. 6 . What else? Where do I take the dog? Really, the open space preserve sounded ideal . Minimal development, including development as a park. Lightly frequented to minimize the risk of bothering anyone . If there were interactions, it would be with hikers, generally not small children, although I would prefer to choose an area away from all other people to let the dog run off the leash if that were available . I thought I had found a good spot at Rancho San Antonio, open grassland areas away from all other people - no one in sight, only to be disappointed to find the no dogs restriction sign. My only reaction at this point is that these restrictions are wrong. So what alternative am I missing? Please advise me on your recommendation which best meets the needs of the responsible dog owner segment of the population needing a place to recreate with their dog. Robert Anglim 20710 Sunrise Dr. Cupertino, CA 95014 Printed for Malcolm Smith <mrosd@openspace.org> Regional Open ice DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Robert Anglim 20710 Sunrise Drive Cupertino, CA 95014 Re: Dog Access in Open Space Preserves Dear Mr. Anglim: Thank you for your e-mail of November, 12 regarding access for dogs in the open space preserves. I apologize for the delay in responding; our second meeting in November was canceled and this is the first opportunity to respond. The Board reviewed your letter at its meeting last night. The District has made a thorough review of access for dogs over the last several years, resulting in expanded access and a change in regulations. It is the District's responsibility and practice to proceed very carefully in considering additional access of any kind. There are many people who feel that access for dogs is inappropriate environmentally, aesthetically, and from a safety standpoint. Like dog access proponents, they have been very vocal and have many compelling arguments. The current access situation was based on an assessment of the types of habitats and public use patterns that are most compatible with dog use, and on the objective of providing geographic distribution of access. From the District's establishment in 1972 through 1993, access for dogs evolved to include some trails in three preserves, and all trails in another three preserves, out of the total of 23 open space preserves. In September, 1993 the District began conducting research and a public review process to help make decisions about additional access for dogs. In 1994, staff conducted a survey of many park and recreation agencies around the country, and virtually all the park and recreation agencies in the Bay Area that manage rural lands. Public input was received at 16 public meetings regarding dog access, and via many letters, petitions, and phone calls to the District. The result of the review process was that the Board of Directors, after extensive public debate, made access available on all trails in six preserves, including one off-leash area at Pulgas Ridge Open Space Preserve, and some trails in Windy Hill and Sierra Azul Open Space Preserves. Also, our regulations were amended in July., 1996 to allow the use of retractable leashes if retracted to six feet when near other people. As an addition to trails already open, the Hamms Gulch Trail at Windy Hill was opened to leashed dogs on a one-year trial basis beginning in January, 1997. Currently, the District is in the latter stages of this one-year study, focusing on how well dog owners comply with the regulations. The Board is expected to make a final determination on dog access on Hamms Gulch Trai/i 1998. Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.orw Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton These changes represent a clear direction by the Board to provide for dog access, while respecting the desires of other visitors who may not feel that dog access is appropriate. This is the essence of managing "multiple use" trails -- working to develop a compromise solution that enables all visitors to experience open space in a safe, enjoyable manner. We feel the current status of dog access is a suitable compromise. Additional expansion of dog access is possible in the future, with further study and evaluation. A good source of information about places you can take your dog is the book The Dog Lover's Companion, by Lyle York and Maria Goodavage, Foghorn Press (1992). Also, you may want to contact the organization Peninsula Access for Dogs (PADS) at 809-B Cuesta Dr., Box 196, Mtn. View 94049, or www.rahul.net/prusld/pads. PADS works with the'District to help make existing access work for everyone. They can give you additional background on the history and prospects for dog access in this region. We have included a set of maps for dog accessible preserves and will add you to our mailing list of people interested in dog access, for notification of upcoming meetings on the subject. Again, thank you for writing with your concerns, which I hope we've addressed. Sincerely, Mary L. Davey, President Board of Directors MLD:RA:kh A RESPONSE ACTION F SY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Geof f & Sandy CairnsStaffAcknowledge/Respond y J Draft Response Attached 17980 Foster Road Staff to be Directed to Prepare Draft Los Gatos, California 95030 Response for Board Consideration per Soard Directives, 408) 395-5768 No Response Necessary October 30, 1997 Pete Siemens and other Directors of the Board Mid-Peninsula Open Space District Dear Mr. Siemens and other Directors of the Board: Re: Objection to Trail Head on Foster Road The residents of Foster Road want to make you aware of their concerns regarding the opening of a trail head on Foster Road. Our concern is two-fold. First,Foster Road is a steep, narrow road with many switchback turns. There are many areas which are not wide enough for two cars to pass. Residents of Foster Road are familiar with the road's limitations, and drive accordingly. Visitors, however,would not be familiar with the road,and thus we feel the increased traffic would be dangerous. For the same reasons we do not wish to increase foot or bike traffic on the road. (One resident's car has already been hit by a mountain biker coming down Foster Road). Second, and most importantly,the threat of parking on Foster Road,which is narrow as it is,would make it impossible for a fire truck to pass if needed. Any delay in fire access could be extremely dangerous to everyone involved. (And,of course, introducing foot and bike traffic into the area would increase our risk of fire.) Foster Road does not have a public water system nor fire hydrants,and is extremely vulnerable to fire. For these reasons we think a trail head on Foster Road is a bad idea and encourage you to reconsider. We will also raise these concerns with our City Counselor. Sincerely, V Sandy Cairns encl. We, the undersigned, oppose the opening of an Open Space District Trail Head on Foster Road for reasons outlined in the attached letter. Name Address Phone O rM4 q3 D LEL L L o S 3 We, the undersigned, oppose the opening of an Open Space District Trail Head on Foster Road for reasons outlined in the attached letter. Name Address Phone n ram, S3 c -L'r c'tio i 7G3 " 2 P 3,9s"- G 7 G 7 3 - c,c f L P X 176ii t r - Cou d 84P' " 4t 6e /omdf;P 0 v ., i•-a [L A, /7l0/ •:>,....e).(., r°y-y.2aZsv _ fs-/5/S n 3 Regional Open r ace 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Ms. Sandy Cairns 17980 Foster Road Los Gatos, CA 95030 Dear Ms. Cairns: On behalf of the Board of Directors of Midpeninsula Regional Open Space District, I thank you for your recent letter regarding public trails and parking in the vicinity of Foster Road. The Board of Directors reviewed your letter at its regular meeting last night. r The District has no property ownership with frontage on Foster Road, and has no public trail or trail head proposed in this area. Foster Road is considered too steep, narrow and circuitous for general public access, parking, or a trail head. If the District owned adjacent lands and/or had vehicular access to Foster Road, it would be used for patrol and maintenance of nearby St. Joseph's Hill Open Space Preserve by District personnel. If there were a future potential for public trail access from Foster Road, we anticipate it would be for localized neighborhood access only. Again, thank you for writing, and I hope that I have addressed your questions. Sincerely, Mary C. Davey, President Board of Directors MCD:MW:kh cc: MROSD Board of Directors Town of Los Gatos Foster Rd. residences) T•t k x U Ste! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Nanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-161 Meeting 97-36 December 10, 1997 AGENDA ITEM 1 AGENDA ITEM Presentation and Request for Endorsement by Friends of B r eek Redwoods Regional Preserve (Former Alma College Site) GENERAL MANAGER'S RECOMMENDATIONS 1. Accept informational presentation on behalf of Friends of Bear Creek Redwoods Regional Preserve by Vicki Moore, Associate Policy Director with Greenbelt Alliance 2. Adopt the attached resolution endorsing acquisition of the former Alma College property by a public agency and/or a private land trust, for the creation of the Bear Creek Redwoods Regional Preserve DISCUSSION At your Special Meeting of November 5, 1997, Vicki Moore of Greenbelt Alliance made a brief presentation regarding the community efforts to acquire the former Alma College property in order to create the Bear Creek Redwoods Regional Preserve. Ms. Moore requested that the Board place this item on an upcoming agenda for a more detailed presentation and discussion by the Board. The Friends of Bear Creek Redwoods Regional Preserve is seeking the District's endorsement of the community efforts to acquire and preserve this land for public open space and recreational purposes. This group is also seeking endorsements from various other public agencies and private non-profit groups. Attached is a fact sheet and proposed resolution for Board consideration. This resolution endorses the acquisition of the former Alma College property by a public agency or a private land trust, and the creation of the Bear Creek Redwoods Regional Preserve. It does not take a position on any proposed development plans for the site, nor does it commit the District to contributing financially to the acquisition. Prepared by: M, Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager r a. WW 5 4! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997•, FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ace Aft MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTIONNO. 97- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ENDORSING ACQUISITION AND CREATION OF THE BEAR CREEK REDWOODS REGIONAL PRESERVE WHEREAS, a community effort is underway to permanently,preserve the 1,100-acre former Alma College property in its natural state for future generations to enjoy as Bear Creek Redwoods Regional Preserve; and WHEREAS, the property is stunningly beautiful and biologically diverse with oak-studded meadows, hillsides of maple, madrone, and fir, and steep canyons thick with groves of 100-year- old redwoods which harbor numerous species of mammals, birds, and reptiles; and WHEREAS, this site is the largest privately-held wildland area in the Lexington Basin and its protection would help to preserve a contiguous stretch of undeveloped land critical for watershed and wildlife habitat protection; and WHEREAS, acquisition and public ownership would provide opportunities for public recreation and trails linking regional open space areas; and WHEREAS, the site has long been identified by public agencies and private non-profit land conservation organizations as a priority for acquisition and preservation; and WHEREAS, if preserved as public open space, this area will provide tremendous benefit to current and future residents of the entire region. Now, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby endorse acquisition from a willing seller by a public agency or private land trust of the 1,100-acre site formerly known as the Alma College property, and support this land's permanent preservation as the Bear Creek Redwoods Regional Preserve. Adopted by the Board of Directors December 10, 1997 a"or..14 Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972.1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz 0 General Manager:L.Craig Britton Dec-01-97 10: 59A P.02 1 b rBear CreQ-'M-kit Redwoo& REGIOtIAL Vftf LRVE i PoO, SOX 967 0 Los Onloso CaWerails 9SO31 Requested Action: Resolution of support for a community effort to permanently preserve the former Alma College property in its natural state for future generations to enjoy as Bear Creek Redwoods Regional Preserve. (Draft resolution is attached.) Background: Over 500 individuals and numerous environmental groups have endorsed the effort of Friends of Bear Creek Redwoods Regional Preserve to permanently preserve the forater Alm college property in its natural state for future generations to enjoy&q Bear creek Redwoods Regional Preserve. The 1,100 acre site,formally a Jesuit seminary,is located in the hills above Los Gatos and the Lexington Reservoir. The property is stunningly beautiful and biologically diverse. Its oak studded meadows,hillsides of maple,madrone and fir,and steep canyons*d&with 100 year old redwoods harbor numerous species of mammals,birds,and reptiles. It is the largest privately held wild area in the Lexington Basin. Its protection would preserve a contiguous stretch of undeveloped land critical for watershed and wildlife protection. Public acquisition would provide opportunities for recreation trails linking regional open space areas. The site has long been identified by public agencies as a priority for acquisition. The Preservation 2020 Task Force,in its 1987 report Open Space Preservation:A Program for Santa Clara County,identified this as its second highest priority for open space presmation in the 1980's the California Department of State Parks had an interest in acquiring this site, The Peninsula Open Space Trust(POST}tried to purchase this property the last time it was transferred in 1989. POST has remained interested in securing this site for a regional open space preserve and has communicated this interest to the landowners, Funding for acquisition is expected to come from private sources,such as foundations and individuals,as well as from existing public sources such as the Land and Water Conservation Fund. There should not be any additivital tax burden required for the purchase of this property. While there are development proposals for this property,you are not being asked to take any positions on the proposed developments. Regional Open Af. ice 1 1 R-97-165 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-36 December 10, 1997 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of Peninsula Open Space Trust Proputy to-Ptaisilna Creek Redwoods Open Space Preserve GENERALMANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Peninsula Open Space Trust property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Purisima Creek Redwoods Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. DISCUSSION In 1993, Peninsula Open Space Trust (POST) received a generous gift of 481 acres of land adjacent to Purisima Creek Redwoods Open Space Preserve. The property is located adjacent to Bald Knob and is a natural extension of the open space preserve. In 1995, the District agreed to manage the property in conjunction with ongoing management of the surrounding open space preserve until such time as the District would be able to acquire the property from POST (see report R-95-104). In the same year, the property was annexed into the District (see report R-95-76). In August, 1997 the District successfully obtained a $420,500 grant from the Habitat Conservation Fund to acquire the property. DESCRIPTION (see attached man) The POST property, San Mateo County Assessor's Parcel Number 067-370-20, is located near Tunitas Creek Road approximately two miles south of Skyline Boulevard. It encompasses the north end of Irish Ridge, a prominent ridge between Tunitas Creek and Lobitos Creek, and includes a portion of the 2,100-foot high Bald Knob. The property is bounded by Purisima Creek Redwoods Open Space Preserve to the north and private properties on the remaining r T44 w UIk,Q,la ow 44 WJU,5 4 1 Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-97-165 Page 2 sides. Adjacent to the north boundary of the property and within the open space preserve, there is a 50-acre life-estate parcel that is closed to public use. The property's dominant feature is the scenic ridgeline which offers panoramic views of the coast and surrounding hillsides. A dense Douglas fir forest covers the south and west-facing slope of Bald Knob, giving way to coastal chaparral, grassland, and mixed evergreen forest on three finger-like ridges that descend towards Lobitos Creek. The coastal chaparral is surrounded by forested areas and appears to be the result of logging activities which have occurred as late as 1991. The lower slopes and drainages are comprised of mixed evergreen forest and include stands of redwoods. Field investigations have revealed pristine steelhead and red-legged frog habitat along the west boundary of the property, and these finding were responsible for obtaining a Habitat Conservation Fund grant. Evidence of mountain lion has also been found throughout the property. Vehicular and trail access into the property is difficult but has improved since the District assumed management of the site. Initially, vehicular traffic was limited to an unsurfaced road, originating at Lobitos Creek Road and entering the property from the south side along Irish Ridge. The first mile of this road passes through private properties on an easement which allows for patrol and emergency access. After entering the property, the road climbs north to the top of Bald Knob. In 1996, the District established a second access route for emergency purposes through the adjacent Kings Grove property. This route originates on Tunitas Creek Road and connects with Irish Ridge Road approximately one-half mile south of Bald Knob. Under the District's management, trail accessibility has been improved with the construction of the 1.5-mile Bald Knob Trail, located on the south side of Bald Knob and connecting the main portion of the preserve to Irish Ridge Trail. Additional trail improvements have been completed on the finger-like ridges where old logging roads intersect Irish Ridge Trail. Lobitos Creek Trail is the southernmost trail that extends from Irish Ridge Trail northeasterly to a prominent ridge overlooking Lobitos Creek. The property has been open to the public since the District took over management in 1995. It receives moderate levels of use from hikers and bicyclists gaining access across private lands and the Bald Knob Trail. Bicycle use is currently restricted on the property but illegal use does occur on a regular basis. Most of this use occurs from bicyclists entering from the life- estate parcel and Bald Knob Trail, even though signs are posted to prohibit this use. For many bicyclists, the desirable trail routes extend beyond the property boundary and into adjacent private properties, eventually connecting to either Lobitos Creek Road or Tunitas Creek Road. USE AND MANA 1 .MENT PLAN Planning Considerations Accessibility for patrol remains a key issue for future planning efforts. In order to perform R-97-165 Page 3 routine surveillance and maintenance of the property, rangers are required to leave the Skyline Boulevard corridor for approximately two hours on a circuitous route down Tunitas Creek Road and Lobitos Creek Road. A more direct patrol route is needed but unlikely in the near future. Construction of a patrol road around Bald Knob, connecting an existing patrol road on Purisima Creek Redwoods Open Space Preserve to the property, has been investigated and determined infeasible due to constraints associated with grading on steep slopes and through dense forest. Although the District has obtained emergency access through Kings Grove, it is unlikely that access for regular patrol and maintenance will be permitted because the route passes close to several residences and loss of privacy is a major concern. Preliminary Use and Management Plan Recommendations The preliminary use and management plan will take effect at the close of escrow and remain effective until a Comprehensive or Interim Use and Management Plan is complete. Future land use decisions, including plans for increased public access, will follow further environmental assessments to ensure land use decisions are consistent with ecological values. Public Access: Property to remain open to the public. Trail Use Designation: Bald Knob Trail, Irish Ridge Trail, and Lobitos Creek Trail will continue to be designated for hiking use; other trail uses will be considered when the trails element of the preserve's use and management plan is amended. Patrol: Routinely patrol the property; seek agreement with adjacent developed community to provide for a more direct patrol route in addition to the established emergency access route. Roads: Maintain the existing roads to meet vehicular patrol standards. Improvements: Maintain gates, fencing, and signs. Dedication: Indicate your intention to dedicate the property as public open space. Name: Name the property as an addition to the Purisima Creek Redwoods Open Space Preserve. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEFQA COMP IANC Prqiect Description The project consists of the acquisition of a 481-acre parcel of land as an addition to the R-97-165 Page 4 Purisima Creek Redwoods Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. Ultimately, the property will be included in a comprehensive use and management plan for the adjacent open space preserve. The land will be permanently preserved as open space and will be maintained in a natural condition. Public trail use will continue to be allowed. CAE ?A Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the property will be maintained in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interests and will maintain the property as open space. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS This acquisition was the subject of a successful Habitat Conservation Fund grant application that provides approximately twenty five percent of the property value. Because of the criteria for the Habitat Conservation Fund grant program, a local matching financial contribution is required. However, this match can be provided by the value of a gift of land that is a part of the approved grant project. Since this property has an appraised fair market value of 1,700,000 and POST is selling the property to the District at a bargain sale price of approximately 25% of market value, the net cost to the District of$420,500 will be fully reimbursed by the grant. In other words, the District's matching contribution for the grant is provided by the $1,279,500 value of the gift portion of the sale from POST. R-97-165 Page 5 BUDGET CONSIDERATIONS 1997/1998 Budget for Land Acquisition New Land 12,700,000 Previous Acquisitions 1,067,720) POST (Thysen) Acquisition proposed on this agenda 420,5 Acquisition Budget Remaining 11,211,780 Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to Purisima Creek Redwoods Open Space Preserve for protection of the Lobitos Creek headwaters, and wildlife habitat, as well as scenic trail connections. PUBT IC' NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Open Space Planner Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE NUDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF POST) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Peninsula Open Space Trust and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title *insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$420,500 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE 10001.4 O 1600 r Purisi2.5 ma iw PURISIMA CREEK REDWOODS Punsimm Cree. f OPEN"\SPACE PRESERVE Fl al K o o tom.. r ti Lan ds of r . .• .. .. . 3,.•a PC04) PENI,NS ULA OPEN%SP.ACE TRUST r, r Managed by-M ROS'D) g, PROPOSED ACQUISITION 2 err i POST/THYSEN) td f Os r l, CORTE DE MADERA°CREEK r. OPEN SPACE PRESERVE N 1eel K Milc 0.3 EXHIBIT A: ACQUISITION MAP thysen.ai 12/1/97 PURCHASEASE AGREEMENT - BAR T iN S LE This Agreement is made and entered into by and between PENINSULA OPEN SPACE TRUST, a California non-profit, public benefit corporation, thereinafter called POST" and the MlDPF.NINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RMTAI S WHEREAS, POST was organized as a non-profit, charitable corporation to solicit, receive and hold gifts, legacies, devises and conveyances of real and personal property for public park, conservation and open space purposes, all in a manner complementary to activities of District; and WHEREAS, the property, assets, profits and net income of POST are irrevocably dedicated to said purposes and no part of the profits or net income of POST shall ever incur to the benefit of any individual; and WHEREAS, POST is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, POST out of desire to promote public welfare, and share the natural and scenic beauty and enjoyment of their property with the citizens of the Midpeninsula area, hereby agrees to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sate. POST agrees to sell to District and District agrees to purchase from POST, POST's real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately Four Hundred Eighty and Seventy Three hundredths (480.73) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Number 067-370-020. Said property is further described in the Legal Description attached to Preliminary Report number 420965, dated November 7, 1997 from First American Title Insurance Company. A copy of said Preliminary Report is attached hereto as Exhibit "A", and incorporated herein by this reference. Said property is to Purchase Agreement Page 2 be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances are hereinafter called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Four Hundred Twenty Thousand Five Hundred and No/100 Dollars ($420,500.00), which is approximately twenty five percent (25%) of the appraised fair market value of the Property (see Section 6 herein); which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 8 herein, an escrow shall be opened at First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94063, (650) 367-9050 (Escrow number 420965) or other title company acceptable to District and POST (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: a) The time provided for in the escrow for the close thereof shall be on or before December 31, 1997, provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of San Mateo County. b) POST and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. c) POST shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". d) District shall deposit into the escrow, on or before the Closing: i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; ii) District's check payable to Escrow Holder in the amount of Four Hundred Twenty Thousand Five Hundred and No/100 Dollars ($420,500.00). Purchase Agreement Page 3 e) District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and POST in the manner customary in San Mateo County. All current property taxes on the Property shall be pro-rated through escrow between District and POST as of the Closing based upon the latest available tax information using the customary escrow procedures. f) POST shall cause First American Title Insurance Company, or other title company acceptable to District and POST, to be prepared and committed to deliver to District, CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$420,500.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) listed exceptions numbered 3, 4, 5, 6, 7, 8, and 9, as shown in Exhibit A, and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to POST Escrow Holder's check for the full purchase price of the Subject Property (less POST's portion of the expenses described in Section 3(e), and to District or POST, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. RightS and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. POST'c Rcpresentations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, POST makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. a) Authority. POST has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. Purchase Agreement Page 4 b) Valid and Binding Agreements. This Agreement and all other documents delivered by POST to District now or at the Closing have been or will be duly authorized and executed and delivered by POST and are legal, valid and binding obligations of POST sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which POST is a party or by which POST may be bound or any articles, bylaws or corporate resolutions of POST. c) Leases or Occupancy of Premises. POST warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. POST further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 ct'=. POST understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Waiver of Statutory C mnensation. POST and District understand and agree that POST may be entitled to receive the fair market value of the Property described in Exhibit A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256), and California Government Code Section 7267, and following. POST hereby waives any and all existing and/or future rights seller may have to the fair market value of said Property, as provided for by said Federal Law and any corresponding California Government Code Sections, and in fact to accomplish the goals of POST and District said property is being sold on a "bargain sale" basis approximately twenty five percent 25% of its fair market value, which has been determined to be One Million Seven Hundred Thousand and No/100 dollars ($1,700,000). 7. Miscellaneous Provisions. a) Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. b) Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by Purchase Agreement Page 5 such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. c) Riphtc Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. d) Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: POST: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust TEL: (650) 854-7696 FAX: (650) 854-7703 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is Purchase Agreement Page 6 appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. e) Sey rability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. f) Countc=rts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. g) Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. h) En.greement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. i) Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 0) Survival_ of Covenants. All covenants of District or POST which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. k) Assignmen . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. p) Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. Purchase Agreement Page 7 m) Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. n) Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. POST agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of POST in connection with this transaction. o) Caltfion%. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. p) Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. q) Arbitration of Dip es. If any dispute arises between District and POST relating to this Agreement and the purchase and sale of the Property, the District and POST agree that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as set out below: i) Within 10 days after a notice by either party to the other requesting arbitration and stating the basis of the parry's claim, each party shall appoint one arbitrator, notifying the other party of the appointment when made; ii) The two arbitrators shall immediately choose a third arbitrator to act with them. If a party fails to select an arbitrator within the time allowed or if the two arbitrators fail to select a third arbitrator within 10 days after their appointment, the additional arbitrator shall be promptly selected by random lot in a manner agreed among the arbitrators already appointed from a pool of up to six names, with each party entitled to submit no more than three names. iii) The arbitration shall be conducted under Code of Civil Procedure §§1280-1294.2. Hearings shall be held in San Mateo County, California. iv) A decision of the majority of Arbitrators shall be binding on both parties. The arbitrator's fees shall be shared equally between the parties. However, the prevailing party in arbitration shall be entitled Purchase Agreement Page 8 to an award of its costs of arbitration including reasonable attorney's fees and its share of the arbitrators' fees. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. POST INITIAL DISTRICT JNMq!t 8. AcccpIan . Provided that this Agreement is executed by POST and delivered to District on or before December 9, 1997, District shall have until midnight December 10, 1997 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by POST to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. 1\\ Purchase Agreement Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: POST: MIDP NINSULA REGIONAL OP .N PENINSULA OPEN SPACE DISTRICT TRUST, a California non-profit, public-beflFcorporation joeme ACCEPTED) FOR RECOMMENDATION Ct,J J Michael C. Williams, Real Property Audrey Rus Representative Date: /Z 9 APPROVED AS TO FORM: Sue Schectman, District Counsel 117T" FOR APPROVALca" L. raig B tton General ManagerC4PPROV President, Board f Directors ATTEST: bt' (_ - b'' District Cler Date: 1 7.11 C l 9 7- Order No. 420965 FIRST AMERICAN TITLE INSURANCE COMPANY FIRST LOOK CHECKLIST PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO ANY OF THE FOLLOWING QUESTIONS? Are your principals using a Power of Attorney? Are any of the parties in title Incapacitated or Deceased? Has a change in Marital Status occurred for any of the principals? Will the property be transferred to a new Trust Partnership or Corporation? Do the sellers of the property reside Out of State? Is the property the subject of an Exchange? REMEMBER, ALL PARTIES SIGNING DOCUMENTS MUST HAVE A VALID PHOTO I.D. OR DRIVERS LICENSE FIRST AM ERICAN TITLE INSURANCE COMPANY INFORMATION FOR YOUR SUCCESS EXHIBIT Page f of j Z Order No. 420965 SUPPLEYMNTAL PRELBUNARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street, Redwood City, CA 94063 650) 367-9050 - ESCROW FAX (650) 364-1519 MID-PENINSULA REGIONAL OPEN SPACE DIS. Attn: Mike Williams 330 Distel Circle Los Altos, CA 94022 Customer's Reference: Form of Policy Coverage Requested: ALTA LOAN POLICY - 1992 AND CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - (1992) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - (1992) WITH REGIONAL EXCEPTIONS In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued sdTely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of November 7, 1997 at 7:30 a.m. ESCROW OFFICER: JIEN4 A. NORRIS ASSISTANT: TINA DAVIS Page I EXHIBIT iq Page z of 12, SUPPLEMENTAL RE. T Order No. 420965 Title of said estate or interest at the date hereof is vested in: PENINSULA OPEN SPACE TRUST, a California Public Benefit Corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE as to Parcel I; AN EASFA1ENT as to Parcel IL The land referred to in this Report is situated in the State of California, County of San Mateo, and is described as follows: PARCEL I: BEGINNING at a point marked by an iron pipe monument at the base of a tan bark tree, said point of beginning bearing North 830 24' 09" East 1833.75 feet from U.S. Coast and Geodetic Survey Triangulation Monument marked "Bald Knob 1931 San Mateo County, Calif.", at Latitude 370 25' 24.528" and Longitude 1220 21' 11.204"; thence from said point of beginning South 470 30' 15" West 217.15 feet; and South 320 09' 13" West 233.88 feet to a point, said point being marked by an iron pipe monument; thence South 360 55' 15" West 156.77 feet, South 430 07' 15" West 121.05 feet; and South 200 24' 09" West 245.13 feet to a point, said point being marked by an iron pipe monument; thence South 650 06' 38" West 316.56 feet to a point, said point being marked by a 2 inch by 2 inch stake; thence North 600 13' 15" West 104.72 feet, North 850 58' 45" West 85.49 feet, South 380 52' 15" West 76.11 feet, South 130 52' 15" West 76.11 feet, South 13° 52' 15" West 54.12 feet, South 84° 22' 15" West 116.82 feet, South 86° 22' 15" West 74.24 feet, South 55° 22' 15" West 115.39 feet, South 330 22' 15" West 93.72 feet, South 570 07' 15" West 115.50 feet, South 440 03' 15" West 95.99 feet, South 75° 03' 15" West 161.70 feet, South 490 48' 15" West 257.40 feet, North 800 26' 45" West 390.72 feet, South 520 48' 15" West 99.00 feet, South 580 48' 15" West 59.40 feet, South 15' 18' 15" West 143.88 feet, South 6° 1 F 45" East 69.30 feet, South 2° 1 F 45" East 104.28 feet, South 120 18' 15" West 138.60 feet, South 140 56' 15" East 206.24 feet, South 40 33' 15" West 260.04 feet, and South 210 59' 03" East 112.33 feet to a point, said point being marked by an iron pipe monument; thence South 27' 48' 15" West 349.28 feet, and South 340 36' 33" West 86.36 feet to a point, said point being marked by an iron pipe monument; thence South 18' 26' 45" East 146.52 feet, South 230 11' 45" East 71.28 feet, South 190 4F 45" East 144.54 feet, South 180 26' 52" East 138.13 feet, North 84° 48' 15" East 176.88 feet, North 700 27' 15" East 193.08 feet, South 23' 06' 15" West 132.35 feet, South 620 30' 15" West 194.24 feet, South 290 53' 15" West 265.74 feet, South 21° 38' 15" West 253.72 feet, South 17' 47' 45" East 164.02 feet, South 360 53' 45" East 299.69 feet, South 390 56' 45" East 167.86 feet, and South 22° 50' 32" East 97.10 feet to a point, said point being marked by a iron pipe monument; thence South 650 23' 15" West 346.50 feet, South 130 42' 15" West 179.77 feet, South 00 57' 45" East 74.40 feet, South 10° 29' 45" East 94.05 feet, South 120 21' 15" West 155.30 feet, South 580 46' 15" West 137.90 feet, North 430 25' 45" West 457.40 feet, South 500 08' 15" West 623.65 feet, South 13' 37' 15" West 346.14 feet, South 69° 08' 15" West 188.10 feet; thence North 400 31' 27" West 406.62 feet to a point, said point being marked by an iron pipe monument; thence North 560 00' West 165.00 feet; thence North 380 00' West Page 2 EXHIBIT Page . 3_of ( Z SUPPLEMENTAL RE. T Order No. 420965 505.94 feet; thence West 266.08 feet; thence North 79° 00' West 446.43 feet; thence North 25' 00' Fast 376.20 feet to a point from which an iron pipe monument bears North 25' 00' East 58.08 feet; thence North 65' 00' West 660.00 feet to a point, said point being designated herein as Point "A"; thence South 25' 00' West 330.00 feet; thence Northwesterly in a direct line to a point, said point being marked by a 12 inch by 12 inch concrete monument and which point bears South 74° 49' 54" West 358.94 feet from Point "A" herein mentioned; thence north 38' 05' 06" West to the center of the South branch of Lobitos Creek; thence Westerly down the center of said branch of Lobitos Creek to a point, said point being marked by an iron pipe monument set at the intersection of the north and South branches of the Lobitos Creek; thence up the centerline of said north branch of Lobitos Creek, North 290 01' 05" East 195.72 feet, North 610 50' 01" East 81.86 feet, North 350 46' 28" East 87.95 feet, North 160 47' 28" East 122.99 feet, North 40 48' 59" West 79.34 feet, North 190 16' 28" East 64.87 feet, North 350 45' 28" East 91.77 feet, North 10 50' 41" East 85.04 feet, North 100 14' 54" East 166.32 feet, North 300 34' 47" East 149.44 feet and north 18° 24' 38" East 107.33 feet to a point, said point being marked by a concrete monument with an iron pipe center; thence continuing along said centerline North 360 15' 24" East 221.85 feet, north 40 01' 20" West 96.0 feet, North 290 54' 33" East 203.33 feet, North 180 35' 00" East 162.01 feet, North 260 33' 20" West 196.57 feet, North 10' 19' 13" East 92.27 feet, North 20 15' 54" West 105.21 feet, North 210 59' 39" East 136.01 feet, North 11° 24' 39" East 92.56 feet, North 260 54' 26" East 143.18 feet, North 260 50' 26" East 175.12 feet, North 250 26' 01" West 124.84 feet, North 10 50' 48" West 57.97 feet, North 170 31' 25" East 67.38 feet, North 100 44' 22" West 103.23 feet, North 20 23' 55" West 154.23 feet, North 240 04' 32" East 152.31 feet, North 90 42' 59" East 195.63 feet, North 200 07' 39" East 85.92, North 10 07' 59" East 107.89 feet, North 200 43' 06" East 171.81 feet, North 230 58' 59" East 85.79 feet, North 200 54' 06" East 271.24 feet, North 5° 11' 26" East 122.84 feet, North 530 24' 26" East 109.08 feet, North 780 57' 53" East 196.20 feet, North 340 21' 26" East 93.86 feet, North 430 39' 13" East 40.90 feet, North 870 06' 33" East 53.11 feet, North 750 45' 20" East 76.32 feet, North 720 46' 40" East 78.05 feet, North 270 59' 33" East 68.22 feet, North 520 52' 13" East 71.72 feet, North 530 03' 40" East 85.89 feet, North 540 18' 40" East 68.53 feet, North 590 33' 40" East 137.88 feet, North 650 02' 00" East 65.40 feet, North 570 42' 00" East 103.28 feet, North 570 12' 00" East 116.43 feet, North 450 35' 20" East 92.08 feet, North 87° 40' 47" East 101.87 feet, South 760 16' 07" East 110.80 feet, South 810 59' 47" East 77.08 feet and South 740 40' 40" East 150.06 feet; thence leaving said centerline of Lobitos Creek, South 740 09' 07" East 110.99 feet, South 640 25' 20" East 165.59 feet, South 670 25' 20" East 205.26 feet, South 580 48' 27" East 155.49 feet, South 750 50' 14" East 92.23 feet, South 810 17' 47" East 81.63 feet, South 850 53' 14" East 69.28 feet, South 600 45' 21" East 188.10 feet, South 870 34' 13" East 85.39 feet, north 430 08' 48" East 175.56 feet, North 440 25' 10" East 175.19 feet, North 500 57' 45" East 214.90 feet, South 310 30' 20" East 833.55 feet, South 870 34' 11" East 1055.08 feet, North 870 37' 45" East 203.94 feet South 840 07' 15" East 101.64 feet, and North 570 22' 45" East 264.00 feet to the point of beginning. EXCEPTING THEREFROM the following described parcels of land: Page 3 EX H I B I T Page q of2 SUPPLEMENTAL REJ2T Order No. 420965 All BEGINNING at a point marked by an iron pipe monument at the base of a tan bark tree, said point of beginning bearing North 83° 24' 09" East 1833.75 feet from U.S. Coast and Geodetic Survey Triangulation Monument marked "Bald Knob 1931 San Mateo County, Calif.", at Latitude 370 25' 24.528" and Longitude 1220 21' 11.204"; thence South 47° 30' 15" West 217.15 feet and South 320 09' 13" West 233.88 feet to a point, said point being marked by an iron pipe monument; thence South 360 55' 15" West 156.77 feet, South 43* 07' 15" West 121.05 feet and South 200 24' 09" West 245.13 feet to a point, said point being marked by an iron pipe monument; thence South 650 06' 38" West 316.56 feet to a point, said point being marked by a 2 inch by 2 inch stake; thence North 600 13' 15" West 104.72 feet, North 850 58, 45" West 85.49 feet, South 380 52' 15" West 76.11 feet, South 130 52' 15" West 54.12 feet, South 840 22' 15" West 116.82 feet, South 860 22' 15" West 74.24 feet, South 55" 22' 15" West 115.39 feet, South 330 22' 15" West 93.72 feet, South 570 07' 15" West 115.50 feet, South 440 03' 15" West 95.99 feet, South 750 03' 15" West 161.70 feet, South 490 48, 15" West 257.40 feet, North 800 26' 45" West 390.72 feet, South 52' 48' 15" West 99.00 feet, South 58° 48' 15" West 59.40 feet, South 150 18' 15" West 143.88 feet, South 60 11' 45" East 69.30 feet, South 20 11' 45" East 104:28 feet, South 120 18' 15" West 138.60 feet, South 140 56' 15" East 206.24 feet, South 4° 33' 15" West 260.04 feet and South 21° 59' 03" East 112.33 feet to a point, said point being marked by an iron pipe monument; thence South 270 48' 15" West 349.28 feet and South 340 36' 33" West 86.36 feet; thence North 700 23' 43" West 1915.44 feet to a point, said point being marked by a 12" x 12" concrete monument and the true point of beginning of the lands to be described herein; thence from said true point of beginning South 710 51' 43" West 2518.27 feet to a point in the centerline of the North Branch of Lobitos Creek, said point being marked by a concrete monument with an iron pipe center; thence Northerly along the center of said North Branch of Lobitos Creek, North 360 15' 24" East 221.85 feet, North V 01' 20" West 96.06 feet, North 29° 54' 33" East 203.33 feet, North 180 35' 00" East 162.01 feet, North 260 33' 20" West 96.57 feet, North 10° 19' 13" East 92.27 feet, North 20 15' 54" West 105.21 feet, North 210 59' 39" East 136.01 feet, North 110 24' 39" East 92.56 feet, North 26° 54' 26" East 143.18 feet and North 260 50' 26" East 136.00 feet; thence leaving said centerline of Lobitos Creek South 860 08' 00" East 8.94 feet to a point, said point being marked by a concrete monument with an iron pipe center; thence continuing South 860 08' 00" East 1435.14 feet; thence North 590 08' 00" East 176.80 feet to a point, said point being marked by a concrete monument with an iron pipe center; thence South 320 32' 06" East 664.05 feet to the true point of beginning. B" BEGINNING at a point marked by an iron pipe monument at the base of a tan bark tree, said point of beginning being North 830 24' 09" East 1833.75 feet from U.S. Coast and Geodetic Survey Triangulation Monument marked "Bald Knob 1931 San Mateo County, Calif.", at Latitude 370 25' 24.528" and Longitude 122' 21' 204"; thence South 47° 30' 15" West 217.15 feet; thence South 320 09' 13" West 233.88 feet to a point, said point being marked by an iron pipe monument; thence South 360 55' 15" West 156.77 feet, South 430 07' 15" West 121.05 feet, and South 200 24' 09" West 245.13 feet to a point, said point being marked by an iron Page 4 EXHIBIT__ Page Sof 1 Z SUPPLEMENTAL RE T Order No. 420965 pipe monument; thence South 65° 06' 38" West 316.56 feet to a point, said point being marked by a 2" x 2" stake; thence North 60' 13' 15" West 104.72 feet, North 85' 58' 45" West 85.49 feet, South 380 52' 15" West 76.11 feet, South 13' 52' 15" West 54.12 feet, South 84' 22' 15" West 116.82 feet, South 86' 22' 15" West 74.24 feet, South 55' 22' 15" West 115.39 feet, South 330 22' 15" West 93.72 feet, South 57' 07' 15" West 115.50 feet, South 440 03' 15" West 95.99 feet, South 750 03' 15" West 161.70 feet, South 49° 48' 15" West 257.40 feet, North 800 26' 45" West 390.72 feet, South 520 48' 15" West 99.00 feet, South 580 48' 15" West 59.40 feet, South 150 18' 15" West 143.88 feet, South 60 11' 45" East 69.30 feet, South 20 11' 45" East 104.28 feet, South 120 18' 15" West 138.60 feet, South 140 56' 15" East 206.24 feet, South 40 33' 15" West 260.04 feet, and South 210 59' 03" East 112.33 feet to a point, said point being marked by an iron pipe monument; thence South 270 48' 15" West 349.28 feet and South 340 36' 33" West 86.36 feet; thence South 710 18' 06" West 2670.80 feet to a point, said point being marked by a concrete monument with an iron pipe center and the true point of beginning of the lands to be described herein; thence from said true point of beginning North 370 29' 43" West 722.42 feet to a point, said point being marked by a 12 x 12" concrete monument; thence South 52' 08' 34" West 975.24 feet to a point, said point being marked by a concrete monument with an iron pipe center; thence South 380 05' 06" East 724.09 feet to a point, said point being marked by a 12" x 12" concrete monument; thence North 520 02' 37" East 967.80 feet to the true point of beginning. 11C11 BEGINNING at a point marked by an iron pipe monument at the base of a tan bark tree, said point of beginning bearing North 83° 24' 09" East 1833.75 feet from a U.S. Coast and Geodetic Survey Triangulation Monument marked "Bald Knob 1931 San Mateo County, Calif.", at Latitude 370 25' 24.528" and Longitude 1220 21' 11.204"; thence South 470 30' 15" West 217.15 feet; and South 320 09' 13" West 233.88 feet to a point, said point being marked by an iron pipe monument; thence South 35° 55' 15" West 156.77 feet, South 430 07' 15" West 121.05 feet; and South 20° 24' 09" West 245.13 feet to a point, said point being marked by an iron pipe monument; thence South 650 06' 38" West 316.56 feet to a point, said point being marked by a 2" x 12" stake; thence North 600 13' 15" West 104.72 feet, North 850 58' 45" West 85.49 feet, South 380 52' 15" West 76.11 feet, South 130 52' 15" West 54.12 feet, South 840 22' 15" West 116.82, South 86" 22' 15" West 74.24 feet, South 550 22' 15" West 115.39 feet, South 33" 22' 15" West 93.72 feet, South 570 07' 15" West 115.50 feet, South 44' 03' 15" West 95.99 feet, South 75' 03' 15" West 161.70 feet, South 490 48' 15" West 257.40 feet, North 80' 26' 45" West 390.72 feet, South 520 48' 15" West 99.00 feet, South 580 48' 15" West 59.40 feet, South 150 18' 15" West 143.88 feet, South 60 11' 45" East 69.30 feet, South 2° 11' 45" East 104.28 feet, South 120 18' 15" West 138.60 feet, South 140 56' 15" East 206.24 feet, South 40 33' 15" West 260.04 feet; and South 210 59' 03" East 112.33 feet to a point, said point being marked by an iron pipe monument; thence South 270 48' 15" West 349.28 feet; and South 340 36' 33" West 86.36 feet; thence North 70' 23' 43" West 1915.44 feet to a point, said point being marked by a 12" x 12" concrete monument; thence South 710 51' 43" West 2518.27 feet to a point in the centerline of the North Branch of Lobitos Creek, said point being marked by a concrete monument with an iron pipe center, said last mentioned point being the true point of beginning of the lands to be described herein; thence from said true point of beginning North 71° 51' 43" East 320.00 feet; thence South 180 15' 00" West 320.10 Page 5 EX H I B I T Page _..&_...OfJL SUPPLEMENTAL RE. T Order No. 420965 feet; thence South 71° 5 V 43" West 345.69 feet to a point in the centerline of the North Branch of Lobitos Creek, said point being marked by an iron pipe monument; thence Northerly along the centerline of Lobitos Creek, North 10° 14' 54" East 82.82 feet, North 300 34' 47" East 149.44 feet, North 18° 24' 38" East 107.33 feet to the true point of beginning. PARCEL H: A NON-EXCLUSIVE RIGHT OF WAY over that certain existing right of way known as Lumber Road" which traverses the real property described in that certain Quitclaim Deed from Fabian Bettencourt to Elizabeth Greer, dated the 16th day of August, 1963 in Book 4529 of Official Records of San Mateo County at page 166 (File No. 29261-W), Records of San Mateo County, California. Said Easement is appurtenant to Parcel I herein and was created by that certain Deed recorded August 19, 1963 in Book 4529 of Official Records at page 176 (File No. 29262-W), Records of San Mateo County, California. Said Deed was re-recorded on August 28, 1963 in Book 4535 of Official Records at page 538 (File No. 32595-W), Records of San Mateo County, California. A.P. No.: 067-370-020 JPN 067 037 370 02 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1.General and Special Taxes for the fiscal year 1997-98, First Installment 0.86 Second Installment 0.86 Code Area: 087-057 A.P. No.: 067-370-020 2.The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code. 3.EASEMENT for drainage within any creek or stream traversing the herein described property, together with the rights of the public in and to the waters and the use of such creeks or streams, to the high water mark. 4.WATER RIGHTS, CLAIMS OR TITLE TO WATER, whether or not shown by the public records". 5.ANY ADVERSE CLAIM based upon the assertion that some portion of the herein described property has been created by artificial means or has accreted to such portion so created. Page 6 EXHIBIT Page _ 2-ofIL SUPPLFZVW,NTAL RE T Order No. 420965 6.EASEMENT for any existing public and/or private roads, 7.RIGHT OF WAY over the herein described property, as granted in Deed: From: John A. Bettencourt and Isabell Bettencourt, his wife and Rose Bettencourt To: Great Western Power Company of California, a corporation Dated: August 9, 1929 Recorded: September 24, 1929 Document No.: 42540-B Book/Reel 429 of Official Records at page/image 377, Records of San Mateo County, California. Location not disclosed of record. 8.CONDITION as contained in Deed: From: Elizabeth Greer, a widow To: Fabian Bettencourt Dated: August 16, 1963 Recorded: August 19, 1963 Document No.: 29262-W Book/Reel 4529 of Official Records at page/image 170, Records of San Mateo County, California, which recites as follows: Provided, however, Grantee shall not fence said right of way without Grantors consent". Affects Parcel 11. Said Document was Re-recorded: August 28, 1963 Document No.: 32595-W Book/Reel 4535 of Official Records at page/image 538, Records of San Mateo County, California. 9.LAND CONSERVATION AGREEMENT Between: Fabian Bettencourt and: County of San Mateo, a political subdivision of the State of California Dated: March 6, 1967 Recorded: May 16, 1967 Document No.: 49136-AA Book/Reel 5307 of Official Records at page/image 230, Records of San Mateo County, California. Page 7 EXHIBIT Page SUPPLEMENTAL RE10T Order No. 420965 INFORMATION NOTES: A.Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B, Part I, the following exception from coverage: Any rights, interest, or claims of parties in possession of the land not shown by the public records. Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered title risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This eliminates the forced removal coverage in item 12 of covered title risks. B.The City of San Mateo imposes a property transfer tax of 'fi of 1% of total consideration. C.Order Date: September 10, 1996 Short term rate date: December 30, 1993 D.LENDER'S SPECIAL INFORMATION There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment" pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or after January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial forms of acknowledgments may not be acceptable for recordation. First American Title will make the form available upon request. NOTE: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. W A R N I N G THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". Page 8 EX M I I31 T Page of /Z SUPPLEMENTAL RE: T Order No. 420965 NOTICE Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. NOTE: This report is subject to a cancellation charge as required by Sections 12404, et seq., of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. N.O. MN/tk/p EXHIB17 Page 9 9 1Pagea.1, of Order No. 420965 ti. 4- NOTICE In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars 100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statues referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. EXHIBIT Form No. 4001 (3/92) age _LL -of-J. c r any Purpc%-cZh,-.- location of ;h^p ,ccl cr I.,--cil First Arvicr-,—' r 811cr-cd 1033 cr d3n.3gc rjhicjj nab rcs-_,:j from 0 refiarice upon this rnap. TRW#REDI 1-800-345-7334 1 3 4 SCALE IN 1/10 OF AN IMCN X LU III TAX CODE AREA nSX6651 CREEK xrol'w.tfw— Nutrwtrwm 5l0 qU"VEY bY LAWR NCE B RIAN Oi EFcv0oER fv.6 it CCvlTr cn 4A 0or,'r Rlr-w,Wr xAw-ar Nrr4, BALO KNOB tU2;L 47 TANBARK TREIEAor.",w A" N v-se"t Ai.4 N.M.COA,OF FRGMENT TRACT 4 4 Priewa w"j!.. CY) hfv-rr'54 1910 GR C) Q) Q) 5n Q) CABRILLO UNIFIED SCHOOL DISTRICT Regional Open ice R-97-167 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-36 December 10, 1997 AGENDA ITEMS AGENDA ITEM Approval of an Amendment to Agreement to Purchase Fee Determinable Estate from Jacob and Tamara J. Guenther for the Sale by Surplus Parcel - Skyline Ridge Open Space Preserve and Authorizing District Financing by Means of a Promissory,Note Secured by a First Deed of Trust GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution accepting and authorizing execution of the Amendment to Agreement to Purchase Fee Determinable Estate from Jacob and Tamara Guenther for the proposed sale of a 50-year interest in 10-acre surplus parcel adjoining Skyline Ridge Open Space Preserve authorizing District financing by means of a Promissory Note secured by a First Deed of Trust. DISCUSSION At your meeting of July 23, 1997, you accepted an offer from Jacob and Tamara J. Guenther to purchase a fee determinable estate in a 10-acre parcel adjoining Skyline Ridge Open Space Preserve as surplus to the District's needs (see Report R-97-109). The Guenther's approved bid is for $361,000. Originally, this transaction was to close on or before October 31, 1997, or 21 days following completion of the driveway repairs by the District. The Guenther's twenty-one 21) day period to inspect the water system, road repairs and obtain final financing approval expired on December 3, 1997. During the inspection period, Mr. Guenther reestablished the existing well water system. The Guenther's have been unable to obtain final financing due in part to the unique nature of this transaction. Their search for financing has been exhaustive with no results; therefore, in order to allow this disposition to proceed, the District is offering to provide financing to complete this sale which it considers to be in the public interests. The District's interest to be served by this disposition were reviewed in Report R-97-109. TERMS & CONDITIONS The proposed sales price remains at $361,000. The District is offering a twenty-five year financing in the amount of$288,800 at an interest rate of ten percent (10%). Current market interest rates are between 7 and 8%; however, in this unique situation, and taking into account the right of first refusal and term of ownership, market rates would be at or near 10%. The Guenthers have increased their earnest money deposit to $72,200 which is twenty-percent (20%) of the purchase price. Monthly payments of principal and interest will be $2,624. As part of the District's financing, the Guenthers are required to maintain fire and extended coverage insurance in the amount of the purchase price and liability insurance in the amount of one million dollars v tv Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200 1972-1997- FAX: 650-691-0485 - E-mail: mrosd@openspace.org - Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - Genera!Manager:L.Craig Britton R-97-167 Page 2 naming the District as an additional insured. The close of escrow for this transaction has been extended to December 19, 1997. The District's Promissory Note has standard provisions covering transfer or default by the buyers. As compensation for extending the close of escrow, the Guenthers "I pay the District $100 per day beginning December 12, 1997 until the close of escrow. Because the District's interest rate(100%)is at the top of current market rates, the Guenthers will continue to pursue alternative financing to pay off the District loan in advance. Staff recommends that the Board of Directors accept the Amendment to Purchase Fee Determinable Estate from Jacob and Tamara Guenther to purchase the ten-acre surplus parcel. Prepared by: Michael Williams, Real Property Representative Contact Person: same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE M[DPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ENTERING INTO AN AMENDMENT OF AGREEMENT TO PURCHASE FEE DETERMINABLE ESTATE FOR THE SALE OF THE SURPLUS PROPERTY, A SECURED PROMISSORY NOTE AND FIRST DEED OF TRUST, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION(SKYLINE RIDGE OPEN SPACE PRESERVE SALE OF SURPLUS PROPERTY TO GUENTHER) The Board of Directors of the M[idpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Nfidpeninsula,Regional Open Space District does hereby accept the offer contained in that certain Amendment of Agreement to Purchase Fee Determinable Estate which was originally executed on July 23, 1997 for the proposed sale of the 50 year term interest in the Skyline Ridge surplus parcel to the Purchaser, Jacob Guenther and Tamara Guenther, a copy of which is attached hereto and by reference made a part hereof; and authorizes the President or appropriate officers to execute the Amendment on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District for the Deed of Trust securing the Promissory Note. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance and execution of the Amendment of Agreement to Purchase Fee Determinable Estate, Secured Promissory Note and First Deed of Trust to the Guenthers. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the transaction and the closing thereof. AMENDMENT TO AGREEMENT TO PURCHASE FEE DETERMINABLE ESTATE hereafter("Amendment") The following amendments are hereby incorporated in and made a part of that certain Agreement To Purchase Fee Determinable Estate(the"Agreement")executed by MIDPENINSULA REGIONAL OPEN SPACE DISTRICT("District")on July 23, 1997, relating to the sale of real property located in the unincorporated area of the County of San of San Mateo, State of California, containing approximately ten(10) acres, more or less, and commonly referred to as a portion of San Mateo County Assessor's Parcel Number 080-282-050 as described in the Agreement(the"Property" or"Subject Property")to Jacob Guenther and Tamara J. Guenther Purchaser"). In all other respects, the Agreement shall remain in full force and effect. The Agreement is amended as follows: 1. Section 2(a) is amended to add the following: Purchaser shall increase the required earnest money deposit to Seventy Two Thousand Two Hundred and No/100 Dollars($72,200.00). Accordingly, upon execution of this Amendment,Purchaser shall pay an additional Fifty-Four Thousand One Hundred Fifty and No/100 Dollars($54,150)in the form of cash, cashier's or certified check made payable to Escrow Holder. 2. Section 2(b) shall be replaced with the following language: The balance of the Purchase Price of Two Hundred Eighty Eight Thousand Eight Hundred and No/100 Dollars ($288,800.00) shall be financed by District and shall be evidenced by a Secured Promissory Note in the form attached hereto as Exhibit "VI", and incorporated herein by this reference, which shall be paid in monthly installments of principal and interest of$2,624.00 over twenty five(25)years. The final payment shall be paid on or before December 1, 2022. Said Note shall be secured by a First Deed of Trust recorded against the Subject Property in the form attached hereto as Exhibit "VII", and incorporated herein by this reference. 3. The first sentence of Section 6(a) shall be replaced with the following: The time provided for in the Escrow for the close thereof shall be extended to December 19, 1997. The parties acknowledge that the access road and driveway repairs identified in Section 9(a) herein were successfully completed by District on November 12, 1997. Therefore, Purchaser's original thirty(30) days to close Escrow after the repair of the access road would have expired on December 12, 1997. District agrees to extend the close of Escrow beyond December 12, 1997 to December 19, 1997. As compensation for this extension, Purchaser agrees to pay District One Hundred and No/100 Dollars per day($100/day) from December 12, 1997 until the close of Escrow. The parties also agree that the Purchaser's twenty-one(21) day period to inspect and investigate the Property pursuant to Section 9(c) of the Agreement has expired and that Purchaser has raised no written or oral objections with regard to the condition of the Property or access road pursuant to Section 9(d)of the Agreement, and is therefore fully satisfied with the condition of the Property. 4. New Section 6(g)is added as follows: Purchaser shall deposit into the Escrow, on or before the Closing, a fully executed Promissory Note(Exhibit VI)together with an executed and acknowledged First Deed of Trust(Exhibit VU) securing said Note as provided in Section 2(b) of this Agreement; 5. Provided that this Amendment is executed by Purchaser and delivered to District on or before December 8, 1997, District shall have until midnight December 10, 1997 to accept and execute this Amendment, and during said period this instrument together with the Agreement shall constitute an irrevocable offer by Purchaser to purchase the Property from District for the consideration and under the terms and conditions herein set forth. 6. Section 11 of the Agreement is hereby amended as follows: a) The first sentence of Section 11 shall be deleted and replaced with the following sentence: If any dispute arises between District and Purchaser relating to this Agreement,the Amendment,the Grant Deed of Fee Determinable Estate, the Declaration of Restrictions to the Grant Deed, the Right of First Refusal to the Grant Deed, the Reservation of Easement Rights to the Grant Deed, the District and Purchaser agree that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as set out below. However, this Section 11 shall not apply to any default by Purchaser nor to any other claims or disputes between Purchaser and District relating to the Secured Promissory Note("Note") or First Deed of Trust("Deed of Trust") identified in Section 2(b)of this Agreement. District reserves all its rights in contract,law or equity to pursue any judicial or non judicial remedies it may have with respect to Purchaser's default or obligations or any of District's rights, including lien rights or foreclosure, under said Note or Deed of Trust. Section 11 herein is not intended to, nor shall it, apply to the District's assertion of any of its rights with respect to said Note or Deed of Trust. b) Section 11(d) is amended to read: A decision of the majority of Arbitrators shall be binding on both parties. The prevailing party in arbitration shall be entitled to an award of its costs of arbitration as well as its attorney's fees. The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. In all other respects, the Agreement remains in full force and effect unamended. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by their duly authorized officers and/or representatives to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: PURCHASER* MIDPENINSULA REQTQNAL OPEN SPACE DISTRICT APPROVED AS TO F Jacob Guenther Date: Sue Schectman, District Counsel RECOMMENDED FOR APPROVAL: Tamara J. Guenther L. Craig Britton, General Manager Date: APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: EXHIBIT VI DO NOT DESTROY THIS ORIGINAL NOTE: This original note, together with a Request for Reconveyance signed by the Midpeninsula Regional Open Space District hereof, must be surrendered to the Jacob Guenther and Tamara J. Guenther before the final principal payment will be made. SECURED PROMISSORY NOTE 288,800.00 Los Altos, California 1997 The undersigned Jacob Guenther and Tamara J. Guenther("Maker") does hereby promise to pay to Midpeninsula Regional Open Space District, a California Public District("District"), at 330 Distel Circle, Los Altos, CA 94022 or at such other place as the District hereof may, from time to time, hereafter designate in writing, in lawful money of the United States of America the principle sum of Two Hundred Eighty-Eight Thousand Eight Hundred and No/100 Dollars($288,800.00), interest on unpaid principle at the rate of 10%per annum, penalties, costs and fees(if any). 1. Emits. Installments of principal an interest shall be due, payable and credited as follows: a) Said principal amount hereof shall be paid by Maker on or before January 1, 2022 in its entirety. b) Principle and interest payments hereon shall be paid in monthly installments of Two Thousand Six Hundred Twenty Four Dollars and 00/100 Dollars($2,624.00) paid on the first day of each month until this Note is satisfied in its entirety. c) In case any date specified above for the payment of principal on this Note shall be a legal holiday, such payment shall be made on the first succeeding business day. d) All payments made hereon shall be applied first to the payment of all unpaid interest accrued hereon to the date of such payment and the balance, if any, shall be applied to the payment of principal. Interest shall thereupon cease upon the principal so credited. e) Maker shall have the right at any time after 60 days written notice to District to pay all or part of the outstanding principal balance of this Note and interest then accrued thereon, without penalty or premium. Any such proration of interest shall be calculated on the basis of a 365-day year. 2. LiQ.uidated Damages. Principal and interest payments must be posted on or before the tenth day of the month. If posted after the tenth of the month, Maker agrees to pay a five Page 1 percent(5%) late fee of One Hundred Thirty-one and 20/100 Dollars($131.20)for a total payment of Two Thousand Seven Hundred Fifty-five and 20/100 Dollars($2,755.20). The Parties agree that if Maker does not make said payment, District's actual damages would be difficult or impossible to determine and the amount of the late fee is the best estimate of the damages District would suffer. The parties witness their agreement to this liquidated damages provision by initialing this Section 2. District Maker 3. Secu X. This Note is secured by a First Deed of Trust(the "Deed of Trust"), of even date herewith, executed by Maker, as Trustor, to First American Title Insurance Company, as Trustee, and naming District as Beneficiary, creating a lien on certain real property, more particularly described therein, located in the County of San Mateo, State of California. 4. Acceleration Upon Default. At the option of District, the entire principal balance together with all accrued interest thereon shall immediately become due and payable upon the occurrence of any of the following(hereinafter referred to as an "Event of Default"): a) default in the payment of principal or interest when due pursuant to the terms hereof; or b) default in the performance of any obligation or covenant of the Maker contained herein, in the Deed of Trust in the Agreement to Purchase Fee Determinable Estate, the Amendment to Agreement to Purchase Fee Determinable Estate, or in any other security agreement, deed of trust or other agreement which may hereafter be executed by Maker for the purpose of securing this Note(including any amendment, modification or extension of any of the foregoing instruments). 5. Acceleration Upon Transfer. In order to induce District to make this loan secured hereby, Maker agrees not to transfer said real property or any portion thereof or interest therein, without the prior written consent of District. District may grant or deny such consent in its sole discretion and, if consent should be given, any such transfer shall be subject to the Deed of Trust as above mentioned, to be bound by all provisions contained therein. Such assumption shall not, however, release Maker from any liability under this note without the prior written consent of District. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. Notwithstanding the foregoing, as used herein, "transfer" includes the sale, conveyance or other transfer of said real property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. 6.District's Delay. No delay or omission on the part of District in exercising any right under this Note or under any of the documents referred to in Section 3, 4 or 5 hereof shall operate as a waiver of such right or of any other right of District hereof. Page 2 7.Maker's Waivers. Maker(and all guarantors, endorses and other parties now or hereafter becoming liable for the payment of this Note)hereby waives diligence, presentment, protest, demand of payment, notice of protest, dishonor, and non-payment of this Note, and other notice of any kind. Maker expressly agrees that, without in any way affecting the liability of maker hereunder, District hereof may extend the maturity date or the time for payment of any amount due hereunder, accept additional security, release any party liable hereunder, and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitation as a defense to any demand on this Note, or on any deed of trust, security agreement, lease agreement, guarantee or other agreement now or hereafter securing this Note. 8.Loss or Destruction. Upon receipt of evidence reasonably satisfactory to Maker of the loss, theft, destruction or mutilation of this Note, and in the case of any such loss, theft, or destruction of this Note, upon delivery of an indemnity bond by the District hereof in such reasonable amount as Maker may determine, or, in the case of any such mutilation, upon surrender and cancellation of this Note,Maker will execute and deliver, in lieu thereof, a replacement note of like form, tenor and effect. 9.Imo. This Note shall be governed by and construed in accordance with the laws of the State of California. 10. Severance. Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof; which terms and provisions shall remain binding and enforceable. 11. Waiver. Any waiver, express or implied, of any breach hereof or default hereunder shall not be considered a waiver of any subsequent breach or default. 12. Section Headings. Section headings are solely for the convenience of the parties and are not a part of this Note. 13. Modification. No provision of this Note may be waived, modified or discharged other than by an agreement in writing signed by the party against whom enforcement of such waiver, modification or discharge is sought. 14. AR.Rianment. District may assign this Note and the Deed of Trust upon obtaining the prior written consent of Maker, which consent will not be unreasonably withheld. Page 3 15. Purchase Money Obligation. It is understood that the indebiGaness represented by this Note is the unpaid balance of the purchase price of certain real property which District has sold to Maker on the date hereof. MAKER: JACOB GUENTBER AND TAMARA J. GLENTBER 5705 Alpine Road Portola Valley, CA 94028 Jacob Guenther Tamara J. Guenther Page 4 Order No. EXHIBIT VI Escrow No. Loan No. WHEN RECORDED MAIL TO: MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS This Deed of Trust contains an acceleration clause) This DEED OF TRUST, made this day of December, 1997 between Jacob Guenther and Tamara J. nuenther herein called TRUSTOR, whose addressis 5705 Alpine Road, Portola Valley, CA, 94028 Number and Street) City) State) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and Midpeninsula Regional Open Space District, a public district herein called BENEFICIARY WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the unincorporated area of the County of San Mateo State of California, described as: For legal description see Exhibit "I" attached to and made a part hereof. together with the rents, issues and profits thereof, subject, however,to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits,for the purpose of securing (1) payment of the sum of$ 288,000.00 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns,when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964,and in all other counties August 18, 1964, in the book and continued on reverse side) 1192(1/94) Page 1 of 4) at the page of Official Records in the -,,ice of the county recorder of the county ve. a said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T 3878 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marlin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,Page 149774 shall inure to and bind the parties hereto,with respect to the property above described.Said agreements,terms and provisions contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein,and Beneficiary may charge for a statement regarding the obligation secured hereby,provided the charge therefor does not exceed the maximum allowed by law. If the tustor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the written consent of the beneficiary being first had and obtained, beneficiary shall have the right, at its option, except as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable. The undersigned Trustor,requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. In addition to any other requirements contained herein,the Tmator is required to obtain the following insurance coverage for the subject property: a)Fire,property damage and extended coverage of at least$361,000 naming the District as an additional insured,b)General liability insurance of at least one million dollars($1,000,000.00)combined single limit naming the District as an additional insured. Insurance coverage amounts may be reasonably increased over time. Certificates of Insurance in the required amounts must be deposited into escrow on or before closing. The endorsements must provide that the required insurance cannot be canceled except upon thirty(30)days' written notice to the District. If Trustor fails to maintain the required insurance,District can elect to provide such coverage and Trustor shall reimburse District for its costs. Signature of Trustor STATE OF CALIFORNIA ss. COUNTY OF On before me, Jacob Guenther personally appeared Tamara J. Guenther personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature This area for official notarial seal) continued on next page) 1192(1/94) Page 2 of 4) DO NOT RECORD The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: 1) To keep said property in good condition and repair;not to remove or demolish any building thereon;to complete or restore promptly and in good and workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. 2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs and expenses,including cost of evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. 4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock;when due, all encumbrances,charges and liens,with interest,on said property or any part thereof,which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any encumbrance,charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. 5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from date of expenditure at the amount allowed by law in effect at the date hereof,and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: 1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof;join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. 4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.The Grantee in such reconveyance may be described as"the person or persons legally entitled thereto." 5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent,or by a receiver to be appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues,and profits,including those past due and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property,the collection of such rents, issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default,and notice of sale having continued on reverse side) 1192(1,94) Page 3 of 4) been given as then required by law,Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement.Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty,express or implied.The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid,with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 7) Beneficiary,or any successor in ownership of any indebtedness secured hereby, may from time to time,by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder,which instrument,executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated,shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. 8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors,successors and assigns.The term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires,the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY,TRUSTEE: The undersigned is the legal owner and holder of the note or notes,and of all other indebtedness secured by the foregoing Deed of Trust.Said note or notes,together with all other indebtedness secured by said Deed of Trust,have been fully paid and satisfied;and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust,to cancel said note or notes above mentioned,and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which it secures.Botb must be delivered to the Dustee for cancellation before reconveyance will be made. N G oc U. W O w W 0 CC a H W W 0 1192(t/94) Page 4 of 4) y S P Lq/r sGE RICHARD 'Q SKIERKA ccL.S.4840 O CY LIC.EXP. LEGAL DESCRIPTION: APN 080-282-050 lgrFOFCAUF R P ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELI A PORTION of the North 1/2 of the Southeast 1/4 of Section 21 in Township 7 South, Range 3 West, Mount Diablo Base and Meridian and being more particularly described as follows: BEGINNING at a 3/4"iron pipe monument tagged L.S.4840, said iron pipe monument bears South 350 02'34"East 625.09 feet from a San Mateo County Triangulation point called "Rock", which said point called "Rock" bears North 38° 14' 59" West 3289.71 feet from another San Mateo County Triangulation point called"Coyote" as both said triangulation points are shown on that map entitled PARCEL MAP FOR A RESUBDIVISION OF A PORTION OF SECTION 21, T7S, R3W, M.D.B.&M.,DESCRIBED IN VOLUME 4959, OFFICIAL RECORDS, PAGE 306 SAN MATEO COUNTY CALIFORNIA" filed in the office of the County Recorder of San Mateo County, California on December 9, 1975 in Volume 29 of Parcel Maps at Pages 49& 50; thence from said point of beginning South 89° 59' 11" East 149.80 feet to a 3/4" iron pipe monument tagged L.S.4840;thence South 83° I P 5 1"East 150.53 feet to a 3/4" iron pipe monument tagged L.S.4840; thence South 35° 29' 0 1" East 293.23 feet to a 3/4" iron pipe monument tagged L.S.4840; thence North 860 59'32"East 125.07 feet to a 3/4"iron pipe monument tagged L.S.4840;thence North 58° 07' 3 4" East 327.83 feet to a 3/4" iron pipe monument tagged L.S.4840; thence North 61° 56' 00" West 163.22 feet to a 3/4" iron pipe monument tagged L.S.4840; thence North 340 18' 07" West 487.08 feet;thence North 43° 32'02"West 305.37 feet; thence North 20° 42' 56" West 150.01 feet; thence North 26° 48'40"West 300 feet more or less to the northerly line of the Southeast 1/4 of said Section 21; thence west along said northerly line 100 feet more or less to the centerpoint of said Section 21;thence from said centerpoint south along the westerly line of said Southeast 1/4 1030 feet more or less to a point which lies 68 feet more less due west from said point of beginning; thence due east 68 feet more or less to the point of beginning. EXCEPTING THEREFROM the following described parcel: A PORTION of the North 1/2 of the Southeast 1/4 of Section 21 in Township 7 South, Range 3 West, Mount Diablo Base and Meridian and being more particularly described as follows: BEGINNING at a 3/4" iron pipe monument tagged L.S.4840, said iron pipe monument bears South 35° 02'34"East 625.09 feet from a San Mateo County Triangulation point called "Rock", which said point called "Rock" bears North 38° 14' 59" West 3289.71 feet from another San Mateo County Triangulation point called "Coyote" as both said triangulation points are shown on that map entitled PARCEL MAP FOR A RESUBDIVISION OF A PORTION OF SECTION 21, T7S, R3W, M.D.B.&M.,DESCRIBED IN VOLUME 4959, OFFICIAL RECORDS, PAGE 306 SAN MATEO COUNTY CALIFORNIA" filed in the office of the County Recorder of San Mateo County, Page 1 I California on December 9, 1975 in Volume 29 of Parcel Maps at Pages 49 & 50; thence from said point of beginning South 89° 59' 11" East 149.80 feet to a 3/4" iron pipe monument tagged L.S.4840;thence South 83' 11' 51"East 150.53 feet to a 3/4" iron pipe monument tagged L.S.4840; to the True Point of Beginning of the herein described exception; thence from said True Point of Beginning South 35° 29'01"East 293.23 feet to a 3/4"iron pipe monument tagged L.S.4840; thence North 860 59'32"East 125.07 feet to a 3/4" iron pipe monument tagged L.S.4840; thence North 58° 07 34" East 327.83 feet to a 3/4" iron pipe monument tagged L.S.4840; thence North 61° 56' 00" West 163.22 feet to a 3/4" iron pipe monument tagged L.S.4840; thence North 870 381 26" West 429.85 feet to the point of beginning. RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT 12 feet wide for Ingress and Egress purposes limited to Midpeninsula Regional Open Space District agents, their successors and assigns, employees and contractors for construction, maintenance, patrol and emergency purposes only over the hereinabove described PARCEL I, the centerline of said 12 foot wide strip shall follow the centerline of an existing road that runs from the northerly line of said PARCEL I southeasterly and southwesterly to the southerly line of said PARCEL I. The sidelines of the above described 12 foot wide easement are to be shortened or lengthened so as to form a continuous 12 foot wide strip from the northerly line to the southerly line of said PARCEL I. TOGETHER WITH A NON-EXCLUSIVE EASEMENT easement 20 feet wide for ingress, egress and underground public utilities over a portion of the North 1/2 of Section 21 in Township 7 South, Range 3 West, Mount Diablo Base and Meridian, the centerline of said easement being more particularly described as follows; BEGINNING at a point of intersection of the centerline of Alpine Road with a 10 foot wide paved driveway at which said point of intersection bears North 5° 10' 04" West 1633.84 feet from a San Mateo County Triangulation point called"Rock"which said point called"Rock" bears North 3 8° 14' 59"West 3289.71 feet from another San Mateo County Triangulation point called "Coyote" as both said triangulation points are shown on that map entitled"PARCEL MAP FOR A RESUBDIVISION OF A PORTION OF SECTION 21, T7S, R3W, M.D.B.&M., DESCRIBED IN VOLUME 4959, OFFICIAL RECORDS, PAGE 306 SAN MATEO COUNTY CALIFORNIA' filed in the office of the County Recorder of San Mateo County, California on December 9, 1975 in Volume 29 of Parcel Maps at Pages 49&50;thence from said point of beginning along the approximate centerline of said 10 foot wide pave driveway South 13° 54' 17"East 93.42 feet;thence South 32° 07' 54" East 165.63 feet; thence South 47° 35' 41" East 94.04 feet; thence South 40° 50' 55" East 59.74 feet; thence South 330 03'23"East 135.75 feet; thence South 290 10' 32" East 99.16 feet; thence South 120 36' 34"East 60.46 feet;thence South 12° 30'20" West 55.76 feet; thence South 20 35' 06" West 47.25 feet;thence South 16° 06' 19" East 133.02 feet; thence South 14° 04' 21" East 150.84 feet; thence South 300 08'42" East 83.93 feet; thence South 35° 27 29" East 63.21 feet; thence South 480 42' 54" East 17 feet more or less to the northerly line of the Southeast 1/4 of said Section 21 and the terminus of the herein described 20 foot wide easement. Page 2 The sidelines of the above described 20 foot wide easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the southeasterly line of Alpine Road to the northerly line of the Southeast 1/4 of said Section 21. ALSO TOGETBER WITH the following described easements referred to as EASEMENTS (a) and b) hereinbelow: EASEMENT (a) AN EXCLUSIVE EASEMENT for drawing water from an existing water system comprised of 4 springs (with appurtenant facilities) lying within the easterly portion of the lands described in that Grant Deed from Bullis to Miidpeninsula Regional Open Space District recorded in Official Records of San Mateo County, California on May 2, 1986 in Document No. 86046969, said easement is granted with rights to maintain, operate, repair and secure said water system from vandalism and human intrusion with additional rights to replace existing water lines and electrical lines running from the hereinabove described PARCEL I to said existing water system. EASEMENT (bl A NON-EXCLUSIVE EASEMENT 12 feet wide over a portion of the lands described in that Grant Deed from Bullis to Mdpeninsula Regional Open Space District recorded in Official Records of San Mateo County, California on May 2, 1986 in Document No. 86046969, said easement is for purposes of ingress and egress to operate and maintain said water system, the centerline of said 12 foot wide easement to coincide with the centerline of that eight foot wide dirt road that presently accesses said water system which said dirt road meanders near the westerly, southerly and easterly properties lines of the hereinabove described Parcel I. The side lines of the above described 12 foot wide easement are to be shortened or lengthened so as to form a continuous 12 foot wide strip from the southerly line of the hereinabove described Parcel I to the perimeter of said square shaped area described in the hereinabove EASEMENT (a). Page 3 Regional R-97-163 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-36 December 10, 1997 AGENDA ITEM 4 _ AGENDA ITEM Dedication Status of District Lands GENERAL MANAGER'S RECQMbE.,hMAT1ON Adopt the attached Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes. Introduction: In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see report R-86-03), an annual report indicating the status of District lands as dedicated or undedicated is to be presented to you in December of each year. According to this policy: "Normally, undedicated lands within the District's boundaries will be held for future dedication to park or open space, or both, purposes, but only after the necessary planning, boundary adjustments, provision for permanent access and other changes in configuration, which may involve the disposal or exchange of interests in all or portions of such lands, have been completed." Dedications are usually made in December on the basis of the annual report. During the year, part of the use and management planning decisions the Board makes for specific parcels and preserves is whether to indicate by motion an intention to dedicate certain interests in land, such as fee title or open space or trail easements. Note that although a motion of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a new acquisition is approved, this does not mean that the parcel would necessarily be dedicated the following December. That is because it is usually prudent to wait until the Comprehensive, or at least Interim, Use and Management Plan for the entire preserve is adopted or reviewed. Since it might benefit the program of the District at some future time to apply development density credits from dedicated District land to other lands, dedication of these credits is not now normally included at the time of the annual dedications. The idea behind withholding potential density credits from dedication, while dedicating the land itself for public open space purposes, is that these credits may represent an asset of the District which may be of substantial value in the future. The credits might be used for transfer to private property, potentially increasing the allowed development density on that property. This might be done in connection with a joint development application with the private party. In exchange, some of that property might be permanently preserved or the District might receive a cash payment which could be used for purchase of open space land in another location. Joint development Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 1972-1997 - FAX:650-691-0485 * E-mail: mrosd@openspace.org * Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz General Manager L.Craig Britton R-97-163 Page 2 plans and transfer of development rights are, of course, subject to approval of the city or county in which the land lies. A further rationale is that the District, in asserting its potential right to use these credits, may be able to counter proposals to increase allowed development densities that are based on the argument that the potential development which the District is precluding by buying open space can be put somewhere else in the hillsides. Since the District has, in effect, paid for this density we can argue that the District, if anyone, should benefit. States Summary: Table 1 gives a summary of the dedication status of District preserves and preserve subareas. Only those parcels for which transactions have closed and title has passed to the District on or before December 5, 1997 are included. The interest in land that the District holds, i.e., fee title, an easement, or other (lease, management agreement, etc.) is listed for each area. Rights of first refusal and/or reversions to the District are not included. The District has preserved 42,037 acres of land, 37,188 acres in fee and 4,849 acres in lesser interests. The District added 617 acres of protected lands since December 14, 1996. Recommended Dedications: El Sereno Oven Space Preserve. The former Holmes easement parcel (.1 acres) is proposed for dedication at this time. The critically important patrol and maintenance easement provides access to the preserve from Overlook Road located east of downtown Los Gatos. Alternative access easements have been thoroughly investigated in this area and it has been determined that this easement best serves the District's long-term patrol and maintenance needs. Foothills Onen Space Preserve. The former Struggle Mountain property (10 acres) is situated between the main portion of Foothills Open Space Preserve and the Monte Bello Open Space preserve. The property should be dedicated because it is now adjacent to lands managed by the District under a recently approved cooperative management agreement with the City of Palo Alto. I,a Honda Creek Ouen Space Preserve, The former Bechtel property (1.94 acres) and Harrington, Arild, Wolf/Pryne and Weeks easements (totaling .18 acres) provide access on a driveway from Skyline Boulevard to the preserve. The District has realigned and improved the easement as part of a court settlement in which the District and neighboring property owners settled an ongoing dispute over access rights in this area. Long Ridge Q= Space Preserve. The former Landre/Nig Nog property (40 acres) is bisected. by Slate Creek near the southwest comer of the preserve. It has been determined that Slate Creek provides a likely trail corridor that will eventually connect between Long Ridge Open Space Preserve and Portola State Park. In addition, the former Paul property (157 acres) should be dedicated as it was acquired with grant funds, connects two non-contiguous parts of the preserve and provides the opportunity to implement a section of the Bay Area Ridge Trail. R-97-163 Page 3 Rancho San Antonio Oren Space Preserve. The former Peninsula Open Space Trust property 4.10 acres) is located near the end of Ravensbury Road and on the north boundary of the preserve. The property should be dedicated because it encompasses a section of the driveway that provides important patrol and maintenance access to this remote section of the preserve. Sierra Azul Open Sharp Preserve- Kennedy Limekiln Area. The former Grossmith property 3 acres) lies directly east of the Kennedy Road entrance to the preserve. Properties in this area are fully developed and it is unlikely property exchanges or lot line adjustments will occur in the future. In addition, the former Zelhart property (45.33 acres) should be dedicated because of it's relationship to other dedicated lands in the remote area north of Soda Canyon. The property is in a trail corridor that will form part of the Bay Area Ridge Trail. Summary: Of the 42,037 acres preserved by the District, 2,072 acres are rights that cannot be dedicated such as leases, management agreements, etc., leaving 39,965 acres of marketable interests in land. Of this amount, 27,565 acres (68.97%) are dedicated, and 12,400 acres 31.03%) are undedicated. Upon adoption of the attached resolution dedicating 262 additional acres, 27,827 acres (69.62%) would be dedicated and 12,138 acres (30.38%) would be undedicated. Of the 12,138 acres of undedicated lands, 83.35% are in the Sierra Azul Open Space Preserve. Prepared by: Del Woods, Open Space Planner Contact person: Same as above RESOLUTION NO. 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: Section 1. 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 possible development rights which might be transferred to or for the benefit of other lands. INTERESTS IN LAND TO BE DEDICATED EXCEPT FOR POTENTIAL DENSITY CREDITS) Board Approval Closing Property Preserve/Area Grantor D-= DAM Acreage Tnt= El Sereno Holmes 10/23/96 12/19/96 00.10 Easement Foothills Struggle 06/13/79 06/15/79 10.00 Fee La Honda Bechtel 05/09/90 08/22/90 01.94 Fee Harrington 03/16/87 01/31/91 00.02 Easement Arild 03/16/87 03/13/91 00.04 Easement Wolf/Pryne 03/16/87 03/13/91 00.04 Easement Weeks 03/16/87 12/12/94 00.08 Easement Long Ridge Landre (Nogg) 11/13/91 12/19/91 40.00 Fee Paul 04/9/97 05/09/97 157.00 Fee Rancho San Antonio POST 06/23/93 07/30/93 04.10 Fee Sierra Azul Kennedy Limekiln Zelhart 06/25/97 08/08/97 45.33 Fee Grossmith 03/14/84 04/06/84 03.00 Fee TOTAL 261.65 Table 1.DEDICATION STATUS SUMMARYA File: Run Date: LANDS97.XLS 05-Dec-97 Briggs Creek 0 1 0 1 0 0 0 0 0 1 0 1 Coal Creek 493 0 0 493 0 0 0 0 493 0 0 493 Edgewood County Park 0 0 0 0 468 0 0 468 468 0 0 468 El Corte do Madera Cr"* 2788 4 0 zm 0 0 0 0 2788 4 0 zm El Sereno 1080 72 0 1152 0 1 0 1 1080 72 0 1152 Foothills 201 10 0 211 0 0 0 0 201 10 0 211 Fremont Older 735 0 0 735 0 4 0 4 735 4 0 739 G.G.N.R.A. 0 0 0 0 0 1227 0 1227 0 11227 0 1227 La Honda Creek 1837 206 152 2043 0 0 0 0 1837 206 152 2043 Long Ridge 1525 287 231 1813 0 13 0 13 1525 3D1 231 1826 Los Tranom 274 0 0 274 0 0 0 0 274 0 0 274 Morrie Belo Monte Bello" 2631 1101 86 2733 0 25 86 25 2631 126 173 2758 Monte Bello Pic(h Ranch 308 0 0 308 0 0 0 0 308 0 0 308 Morrie Bello Palo Alto 0 0 0 0 0 85 0 85 0 as 0 85 Monte Bello Alp 2939270) (101.467) (86,367)3,041) (0.000) (110.270) (86.367) 110)2939)212)173) (3,151) Moody Gulch 0 0 0 0 0 171 0 0 0 171 0 171 Pumas Ridge 293 0 0 293 0 0 0 0 293 0 0 293 Purkgnm Creek Redwoods 2543 80 78 2624 0 490 0 490 2543 571 78 3114 Rancho Son Antonlo, 2053 85 4 2139 1495 0 0 1495 3549 85 4 3634 Ravenswood 274 0 0 274 98 1 0 99 372 1 0 373 Russian Ridge 1531 49 0 11580 0 0 0 0 1531 49 0 1580 Saratoga Gap 492 206 0 698 2 0 0 2 494 206 0 701 Sierra Azul Cathedral Oaks 225 1699 33 1924 0 9 0 9 225 1708 33 1933 Slane AZW Kwwwdy LWWdin 2354 328 so 2682 as 7 S 76 2423 335 55 2756 Sierra Azul Mt.Urnumhurn 677 am 379 8731 372 119 0 491 1049 8173 379 9222 Sierra AzLd Sumrrdt Road" 0 0 0 0 0 0 0 0 0 0 0 0 Skm Azul AID 0257.155) (10079.707) (461.670) (13,337) (440.420) (135.896) (5.000) 576)3698) (10216)467) (13,914) Skffim Ridge 1120 470 2 1590 81 0 0 81 1201 470 2 1671 Stevens Creek- Shoreline 54 0 0 54 1 0 0 1 56 0 0 55 St..oWWs Hill 174 0 0 174 94 0 0 94 268 0 0 258 Teague Hill 0 624 0 624 0 0 0 0 0 624 0 624 Thomewood 87 30 0 117 5 10 0 15 92 40 0 73-1 ffw!Lhj Hill 1129 2 0 1131 0 1 0 1 1129 3 0 1132 All 24,880 12,308 1,015 37,188 2,884 2,166 (91) 4,11160 27,686 14,473 1,107 42,037 includes only those Interests acquired(title or lemse nxmled or unrecorded Mass fully executed)on or before: I 0-Dec-96 Note:AN entries rounded to nearest acre after summations. Pagel DSS(rounded) Regional f we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-164 Meeting 97-36 December 10, 1997 AGENDA ITEM 5 AGENDA EMM Sale of Surplus Generators at Mt. Umunhum to Dynamic Energy Corporation of British Columbia Through a Renewed Agreement with Tom He Company of Los Altos. GENERAL MANAGER'S E O NDATIONS 1. Determine that the project is categorically exempt rom the California Env r46 rnMftal Quality Act (CEQA), based on the findings contained in this report. 2. Determine that the property is unnecessary for District purposes under California Public Resources Code 5563. 3. Authorize the General Manager to renew the agreement with Tom Hennig Company to market the four diesel generators located at the former Almaden Air Force Station on Mt. Umunhum. 4. Authorize the General Manager to execute a sales agreement with Dynamic Energy Corporation to purchase the four diesel generators located at the former Almaden Air Force Station on Mt. Umunhum. DISCUSSION During its tenancy on the site from approximately 1955 to 1975, the Air Force maintained its own power generation plant, consisting of four diesel-powered generators housed in a concrete block and steel building on Mt. Umunhum (see attached map). These generators have not been run since that time, but seem to be in good condition because they were indoors and adequately prepared for inactivity by the Air Force. A description of the generators and related equipment is attached. Some parts, such as the turbos used to start the generators and the radiators for the cooling system, are missing. The generators are no longer manufactured, and it may or may not be possible to get parts. One of the generators has already been cannibalized for parts for the other generators. The generators were built for the Air Force for the specific purpose of maintaining power to the early warning radar system that was in use at the time. There is no foreseeable use for such large equipment by the District. This conclusion was initially made during the review process concluded at your March 22, 1995 regular meeting (see report R-95-43). Thus, the generators are considered "surplus" property under California Public Resources Code 5563. ter',;" gam-,. twsw st. L ow Vv..ca•:., Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:650-691-1200 1972-1997 . FAX:650-691-0485 * E-mail: mrosd@openspace.org - Web site:www.openspace.org Board of Directors.Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Cr na Brittowder,Kenneth C.Nitz * General Manager.L.Craig Bittron it R-97-164 Page 2 In order to dispose of the generators, the District entered into an agreement with an equipment broker, Tom Hennig Company of Los Altos (see report R-95-43). Under the orignal broker agreement, Hennig was entitled to 10% of the gross proceeds of the sale. At the time the value of the generators was anticipated to be on the order of$20,000, translating into a $2,000.00 commission. Since that time, continuing his efforts in good faith even after the agreement had expired, Hennig has shown the generators to three separate parties before securing a written 8,000.00 offer from Dynamic Energy Corporation in response to an ad on Hennig Company's website. It is recommended that the agreement with Tom Hennig Company be re- established in the same form as was previously approved (see attached broker agreement) in order to take advantage of this offer. In light of the effort expended by Hennig and the low sales price of the generators, the revised agreement provides for a commission of 25%, or 2,000.00, which will just cover Hennig's costs on the project. Also attached is a sales agreement developed by Hennig and the potential buyer, Dynamic Energy Corporation. It has been reviewed by District staff and it is recommended that the Board authorize the General Manager to execute a sales agreement in substantially the same form. The price being offered for the four generators is $8,000.00, sold as-is with no warranties. If the sale is finalized, Dynamic Energy Corporation will be solely responsible for the removal and transport of the generators. The main benefit to the District is that the generators will be removed from the site, thus helping to restore the location to a more natural state. The agreement also specifies that Dynamic Energy Corporation will be responsible for all aspects of safe removal, and for leaving the project site in a clean and neat condition. CEQA COMPLIANCE Prgject Description The project consists of the sale and removal of four diesel-powered generators housed in a concrete block and steel building at the former Almaden Air Force Station on Mt. Umunhum, in western Santa Clara County. The purchaser will be responsible for removing and transporting the generators off District lands. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Sections 15301 and 15061 of the CEQA guidelines. Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public facilities or private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that previously existing. The generators R-97-164 Page 3 are currently not being used and their removal will result in no expansion of their previously existing use. The actions proposed in this project are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. Prepared By: Doug Vu, Planning Technician Randy Anderson, Senior Planner Contact person: Randy Anderson, Senior Planner BROKER AGRF A1ENT THIS AGREEMENT made this day of December 1997, at Los Altos, California, by and between Midpeninsula Regional Open Space District (hereinafter called DISTRICT") and TOM HEN][+IIG COMPANY, a California corporation (hereinafter called BROKER"). WHEREAS, DISTRICT is the owner of and entitled to possession of the property described in Schedule A attached hereto and incorporated herein by this reference as fully as though set forth at length (hereinafter called the "Subject Property"), and DISTRICT desires to engage the services of BROKER as DISTRICT'S agent to sell the Subject Property. NOW, THEREFORE, the parties do hereby agree as follows: 1. That the DISTRICT hereby employs the BROKER, and the BROKER hereby accepts said employment, to sell the Subject Property as more fully set forth in the schedule thereof hereto annexed, and does hereby agree to use its best endeavors to see the Subject Property at the highest prices obtainable for the same. 2. DISTRICT hereby grants BROKER the exclusive right to negotiate a sale of the Subject Property for a period commencing December 12, 1997 and ending midnight, December 31, 1998. 3. DISTRICT agrees to pay the BROKER, and the BROKER agrees to accept twenty five percent(25%) of the gross proceeds of the sale as compensation for the services rendered by the BROKER in negotiating said sale during term of this agreement. 4. The Board of Directors of the Midpeninsula Regional Open Space District will approve sales agreement before it is finalized. 5. DISTRICT agrees that payment for the Subject Property shall be made payable to BROKER. The proceeds of the sale shall be collected by BROKER and deposited in BROKER'S trust account. 6. The proceeds of sale deposited as hereinabove in paragraph 5 provided shall be withdrawn by BROKER as follows: A.Out of the first gross proceeds deposited as aforesaid, there shall be withdrawn and paid to the BROKER the amount of his agreed commission. B.Any net amount realized after deduction of the commission shall be paid over to the DISTRICT. C.BROKER will collect and pay sales tax where applicable and supply a resale certificate to DISTRICT. 7. DISTRICT assumes all responsibility for damage to the property to be sold and agrees to hold BROKER harmless from all claims with respect thereto until sale is finalized. 8. In the event of any suit, action or deposited brought by either party for the breach of any term hereof, or to enforce any provision hereof, the losing party will pay to the other reasonable attorney fees in said action or proceeding as fixed by the court. BROKER: DISTRICT: TOM HENNIG COMPANY MIDPENINSULA REGIONAL OPEN License#419-424 SPACE DISTRICT By By T.F. (Dewey) Hennig, III L. Craig Britton President General Manager Date: Date: SALES AGREEMENT Dynamic Energy Corporation, incorporated In The Province of British Columbia, Canada and Midpeninsula Regional Open Space District, Los Altos, California represented by Tom Hennig Company, Los Altos, California entered into the agreement where: 1. Midpeninsula Regional.Open Space District will sell and Dynamic Energy Corporation will purchase four diesel powered generators and related equipment from Building 112, the Power Plant, located on Mount Umunhum, California, for the total price of US$8,000.00. 2. All the equipment is sold as is, where is, with no warranties. 3. Dynamic Energy Corporation will remove all the equipment from the inside of the building. 4. Dynamic Energy Corporation will be responsible for the assessment and handling of asbestos and/or lead containing materials that may be associated with the equipment, in accordance with applicable environmental laws. 5. Dynamic Energy Corporation will carry an insurance for itself or its agents in the amount Of$1,000,000 for Comprehensive and General Liability, $500,000 Workers Compensation Liability and $1,000,000 Automobile Liability, during removal of said equipment or the building. In addition, the District will be named as additional insured on this policy. 6. All applicable permits for demolition, removal and transport of the property will be obtained by Dynamic Energy Corporation. 7. Dynamic Energy Corporation will be responsible for California State Sales Tax if a out-of- province common carrier bill of lading will not be supplied. 8. Midpeninsula Regional Open Space District will provide access to the site where the equipment is located upon notice given one day in advance, and will allow working crew to stay on the site for the period of the time required for removal. 9. Upon removal, the site will be left in clean, neat condition, with no extraneous material left on the site or inside the building. 10. Dynamic Energy Corporation will pay the agreed amount of$8,000.00 within 30 days upon the receipt of this Agreement signed. Ivan Hrasko, President L. Craig Britton, General Manager Dynamic Energy Corporation Midpeninsula Regional Open Space District Date: Date: 0 MIDPENINSULA REGIONAL OPEN &- ACE DISTRICT SIERRA AZUL OPEN SPACE PRESERVE CLOSED ARE Z y I vil 2800 iybk j EI Sombroso\ 3 1 r r ._. mu m`, r l n,- Fl\ lfMo nt n j 1PROJECTLOCATIONae \r.. V B , AM it i r'' I it j /ii f 1 / `J i J l 111 EXHIBIT A: LOCATION MAP SCHEDULE A Mount Umunhum Generators New Almaden, California Engine #1 - Nordberg Model FS-136-ISC 6 Cylinder In Line Diesel Engine, s/n 9018-0632 w/ 13" Bore, 16 1/2" Stroke, 514 rpm, 1135 hp. Young Intercooler/Aftercooler, Woodward Type UG-8 Governor Engine #2 - Nordberg Model FS-136-ISC 6 Cylinder In Line Diesel Engine, s/n 9018-0633 w/ 13" Bore, 16 1/2" Stroke, 514 rpm, 1135 hp. Young Intercooler/Aftercooler, Woodward Type UG-8 Governor Engine#3 - Nordberg Model FS-136-ISC 6 Cylinder In Line Diesel Engine, s/n 9018-0634 w/ 13" Bore, 16 1/2" Stroke, 514 rpm, 1135 hp. Young Intercooler/Aftercooler, Woodward Type UG-8 Governor Engine #4 - Nordberg Model FS-136-ISC 6 Cylinder In Line Diesel Engine, s/n 9018-0635 w/ 13" Bore, 16 1/2" Stroke, 514 rpm 1135 hp. Young Intercooler/Aftercooler, Woodward Type UG-8 Governor. Needs repair, Head off#2 Cylinder 4 - General Electric Generators w/ 1000KVA @ 514 rpm, Power Factor 0.8, Type ATI, 4160/2400 Volts, 800 Kw, Three Phase, Amp ARM 139/241, Amp Field 71, Exciter Volts 125, 60 Hz, Frame 6305-M. Read Instruction Manual GEH-709. 2 - Compressors for Air Start Driven By Electric Motor w/Kohler Gas Engine Back Up 4 - Perfex Pak Model H-810 External Radiators, 10' Square, 4 - 3 hp Pump Motors, Electric Powered Loovers, 4 - Allis Chalmer 15 hp @ 1750 rpm or 3.7 hp @ 860 rpm Fan Motors 4 - Oil Bath Air Cleaners 2 - 550 Gallon Lube Oil Tanks 2 - 400 Gallon Fuel Oil Tanks 1960 Delta Switch Board Company Model S.O. 4512 Electrical Panel, 600 amp, Three Phase, 120/208 VAC Electric Distribution Panel Control Room, Three Ton Mechanical Bridge Crane Regional Open ,'- . ice R-97-166 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-36 December 10, 1997 AGENDA ITEM _ 6 AGENDA ITEM Denial of Claims Against the District Submitted by Certain Property Owners in Portola Park Heights Adjacent to Long Ridge Open Space Preserve. LEGAL. COUNSEL'S RECOMMENDATION Deny the claims against the District filed by certain property owners in Portola Park Heights. SUMMARY Fourteen of the owners of parcels in Portola Park Heights Subdivision (list attached) have each filed a claim against the District for $500, plus claimed consequential damages alleging loss of use of their private easement in the main Portola Park Heights Road based on public use of that portion of the road which is on District land. All claims are substantially the same. Copies of the individual claim forms are attached to this report. Copies of the exhibits attached to the claim forms are available at the District office upon request. The Government Code requires that claims for damages be presented to a public agency within six (6) months of the incident. The District then has 45 days to determine whether to approve or deny the claim. Upon denial of a claim, a claimant has six (6) months to determine whether to proceed with legal action. District legal counsel has reviewed these claims and recommends they be denied. There does not appear to be a basis to impose liability upon the District for these claims. Staff continues to be available to meet with the homeowners to discuss their concerns. Staff is willing to continue discussions as to the indemnity agreement previously proposed and to meet with the homeowners to address any additional concerns they have. This does not equate, however, to a legal obligation to fulfill the demands stated in the attached claims. DISCUSSION Background* The entry point to Portola Park Heights from Skyline Boulevard proceeds about a mile through Long Ridge Open Space Preserve along Portola Park Heights Road (see attached map). Numerous neighbors have easements over the road owners of approximately 27 parcels are members of the Portola Park Heights Road Association, the organization that maintains the Celebrate 25 Years of Open Space Preservation 330 Distel Circle . Los Altos, CA 9.4022-1404 # Phone:650-691-1200 1972-1997 • FAX: 650-691-0485 d E-mail:mrosd@openspace.org * Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-97-166 Page 2 roads serving the subdivision, including Portola Park Heights Road. These claims are substantially identical to the issues raisers and addressed several times in the past. Some easement holders are concerned about their liability in the event of an accident between the easement user and a hiker or bicyclist traveling on or across the road. Some easement holders claim that public use of the road on District land improperly interferes with the rights of private easement holders. After several meetings in 1996, the District agreed, as a matter of compromise and not legal obligation, to offer an indemnity for claims by District users arising out of injury or damage caused by the condition of the road. The District also agreed to make a substantial contribution ($10,000) toward installation of an electric entrance gate to help control the trail crossing when a vehicle uses the access gate near Skyline (see attached Board Report R-96-98). Installation of the gate is apparently stalled, as the "Gate Agreement" has been orally agreed to but never executed by the property owners. One property owner, Roy Jenkins, signed and returned the indemnity and is one of the fourteen submitting a claim. Legal Issues: In response to these claims the District has reviewed current law, the District's title to the land and use of the road, and the claimed interference with use of the easement by users of District land. These claims raise the same issues as were raised in the past, and the legal analysis remains the same. The District is the fee owner of the road, and may use the road in any manner so long as it does not unreasonably interfere with the easement holder's use of the easement. The easement provides for ingress and egress to and from the subdivision properties. Nothing the District has done, or contemplates doing, prevents the property owners from using the road to access their properties. Claimants allege that the District has deprived them of their rights in a private road easement on District land because the District has established a public trail which crosses the road. There is not, so far as the District been able to discover, any law holding that there is unreasonable interference" with a private easement based upon mere fact that the public uses a portion of the private easement. A finding of"unreasonable interference" must be a finding based upon fact. We are aware of no facts to support a conclusion that the public's use is so burdensome that it "unreasonably interferes" with the use by the private owners. The easement holders are under a legal obligation to maintain the easement in good repair in accordance with Civil Code Section 845. No California case law or statute requires the land owner to contribute to the costs of maintenance. The obligation of the easement holder can be modified only by agreement. As a matter of agreement, however, the District does contribute a substantial proportion of the costs of maintaining the road. The claim of$500 in damages is the same amount as the annual assessment to each property owner for the costs of maintaining all of the roads in the subdivision. The claimants attached the assessment bills in support of their claim. Staff is aware of no facts to support a claim that the District's use is damaging to the road surface and so burdensome to the easement holders as to justify shifting the entire burden of maintenance to the District. R-97-166 Page 3 The claimants further demand: (1) only one trail crossing, (2) moving the gate location, (3) fencing to ensure public use of the easement only at the crossing, (4) District maintenance of the portion of the road the public uses, (5) relief from all liability for use of those portions of the road used by the public, and (6) installation and maintenance of two electric gates. The District is not legally obligated to meet any of these demands. However, in the interest of cooperation and compromise the District introduced a proposal to address these concerns at the Board of Director's meeting of September 25, 1996. That proposal included an indemnity agreement (See attached Board Report No. R-96-19). The claimants do not state in what way the proposed indemnity agreement or any other part of the District's proposal fails to meet their needs. The Board also approved a proposal to assist in the installation of a electric gate see attached Gate Installation and Maintenance Agreement). Claimants might have preferences that differ from the solution proposed by the District. However, that does not impose upon the District a legal obligation to meet those preferences. The claimants offer no case law or statute, nor provide any facts to show that the District's use of the road is unreasonably burdensome. Similarly the claimants present no legal support for concluding that the District's use has somehow converted the private easement into a "public road." Whether the District's use is "new" or "different" from the contemplated or historical use is not legally relevant, as the District owns fee title to the property, not simply an easement. The District has researched the law on this issue thoroughly. The District, as the servient fee owner, is not as limited in its rights to use the easement as would be an easement holder. There appears to be no legal basis to approve these claims. PUBLIC NOTIFICATION Property owners of lands subject to these claims have been mailed written notices of this proposed action. Prepared by: Diane Blackman, Research Attorney Susan M. Schectman, District Legal Counsel Contact Person: Deirdre Dolan, District Clerk R-97-166 Page 4 There are approximately 27 owners in the Portola Park Heights Subdivision. The fourteen owners filing claims include: William J. Obermayer and Lesley A. Wadsworth Thomas A. and Margaret A. Wargo Ann Waldhauer Sidney C. Frederick Roy Clifton Jenkins Adam K. Greenblatt and Cynthia L. Fong John S. Craig and Monique F. Craig Michael and Laurie McPherson Terry Gossett Richard V. Carter Lynn and Julian Gorodsky Stephen and Candace Stone Scott Neerman Dr. Linda Huntimer MIDPENINSUL*EGIONAL OPEN DACE DISTRICT LONG RIDGE OPEN SPACE PRESERVE x pup per 2401 b ,' Stevens Creek County Park San alara Skyline Ridge Co ty) Open Space Preserve 0 ;j `•`'• ,, 4 N` Ong Rid da 1! 0.7 a' y w it • ' 0.4 0.4 0.4 Pr O 4 LR70) tip` u 0.8 0.3 0.1 LONG RIDGE OPEN SPACE aR PRESERVE 0.4 PORTOLA PARK HEIGHTS Long j?,SUBDIVISION cLRo4) Q'geJ Po 0.5 0.5 0.1 ce Sch o ® d a J 0.2 d LROS) 0.4 0.2 rY Oafs 0.5 0.3 f", l 4p an0.9 SQL 0.3 2400 2200 2000 I r 0.2 1800 Portola a Raa atSateParkj 1600 EXHIBIT A: LOCATION MAP prtlhts.ai 12/4/97 CLAIM AGAINS' IDPENINSULA REGIONAL OPOPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1. CLAIMANT'S NAME (Print)WILL AH O BER 4 L1 L 5 LE -A - WAD 5 w o RTtJ 2. CLAIMANT'S ADDRESS: 221 M -DLZLjlJf- BLU-P 4 22 - 6A DA)M ° (A %-DZd Street or P.O. Box Number - City - State - Zip Code) HOME PHONE: b - "g g 3 WORK PHONE: I h 5 O) 3. AMOUNT OF CLAIM: 500 Amt) ALL FUTUR-E Rc)-AD EjcPENSES* {PLUS CC)MSFQUENTj^L- A. IF AMOUNT CLAIMED IS LESS THAN $10,000: -)f o N R D^DS US E D By THE P u B L I c Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court U 1 K N D w n1 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRINT) Street or P.O. Box Number) City - State - Zip Code) 5. DATE OF INCIDENT: -2 -19 9 7 TIME OF INCIDENT: N f A LOCATION OF INCIDENT: H 0 M E- 6. DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LE FOR YOUR DAMAGES: REcEIvED A - BILL FOR A PUPit-.IC R0111D yA7-T- CHED AS EXHIBIT /`c 'To TH15 FDPM. SEE ATTACHED LE-TTE.fR -'1MD Exr1151TS . 1 over) 7.DESCRIBE ALL DAM-) OR LOSS WHICH YOU BELIEVI U HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: /-oSS D F 1-K i vA TE E.A5 E M EN T 0\)ERt30RDE-N/ML- Or E sSEMEN. SEE ATTACHLD LETTER f mD EX IBl TS, 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: M tDPEMINjULA Rc.G1oN1A L OPEN SPACE DIsTRiC-r f ND GENERAL N14Nt G E(Z . o Signature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within sic months of incident. See Government Code Section 911.2 William Obermayer & Lesley Wadsworth La ONDAICA 9420EVARD #22 October 24, 1997 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board of Directors: Today we have filed a claim against the Midpenisula Regional Open Space District (MROSD) for taking property from us without the compensation required by our society's Constitution. The property taken was our private easement running across lands now owned by the District. The District has invited and allowed the public to use the private easement roadway across its servient tenement. We incorporate in our claim: this letter, the exhibits, the attached claim form and road mainte- nance bill, all correspondence to and from the District concerning our easement, and all reports, memoranda, electronic communications, and other District documents on the subject. We are asking you to examine our claim, weigh the evidence, consider your own experience, and then make an honest decision to grant or deny them. In some places, claims are routinely denied without an examination of the merits, in order to start a clock running that limits the time the claimant has to file a lawsuit. We hope the District doesn't have such a policy. Every claimant deserves to have a decision made on the merits of their claim before having it denied. The Portola Park Heights Propery Owners' Association was created in accordance with the State of California subdivison requirements to further and promote the community welfare (see Exhibit 1.) It has been responsible for the maintenance, repair, and upkeep of the private roads and has been the means for the promulgation and enforcement of all rules and regulations necessary to the use and enjoyment of such roads. For years the Association maintained a locked gate at Skyline Boulevard with "No Tresspassing, Private Road" signs on each gate post, as well as a fence along the highway with "Private Property, No Tresspassing" signs. In March of 1966, an agreement was made between private property owners in rural San Mateo County (see Exhibit 2), recorded at Volume 5128, page 1 et seq., granting: a non-exclusive easement for ingress and egress of pedestrians, vehicles and for hauling of lumber and for other commercial purposes, and for the installation and maintenance of public utility lines, including gas, water, electrical and telephone lines, sewers, situated in the County of San Mateo, State of California. .." This grant of easement was more than a simple right-of-way with a built-in road maintenance agreement. The private property owners got together and agreed—in conjunction with the State and County—on a mutually beneficial plan for the rural residential development of the entire community. To Board of Directors October 24, 1997 Page 2 They agreed to build a road to County specifications serving the entire community; the dominant tenement would pay for the construction of the road; this road would carry the utilities coming in to serve the community; and to split the cost of maintaining the road where it crossed over the lands of the servient tenement. That is, the servient tenement had a road built to County specifications for them and, in exchange, the development of these smaller lots near Skyline Boulevard would benefit the infrastructure of the larger community by the extention of utilites and use of the road for residential and commercial purposes. This plan was in synch with the County's general plan and zoning ordinances as well as County of San Mateo subdivision ordinances (see Exhibit 3) and the California State Department of Real Estate (see Exhibit 4). In conformity with these State and County standards, it is a private road. Yet, you believe incorrectly that you have the right to allow the public to use the private road without relieving the dominant tenement of liability and paying compensation for the private property right you are taking for the benefit of the public. Now, you have crossed the private road with several trails, including the all-purpose Bay Area Ridge Trail which will be used by children, handicapped, bicycles, horses, etc. As private owners of the dominant tenement, we believe, now that the road is publicly owned and publicly used, we should be relieved of all liability for it. We fear these trails will put a horrible liability burden on us, increase tresspass, and will inevitably interfere in the free passage of the easement and its peaceful enjoyment. These trail crossings are a new change in use, overburdening the private easement, and con- stituting an unreasonable interference with our property rights that amounts to a taking of our property for which we should be compensated as required by the Fifth Amendment to the United States Constitution. Additionally, we want to be relieved of all liability for any portion of the private road the public is allowed to use. If someone is injured on Skyline Boulevard, we don't have to lose any sleep over the consequences. It should be the same with with any portion of our private easement open to the public. Also, we should be provided with an automatic security gate on the road that would separate the private community from public use. Finally, we should be compensated for the inevitable future interference of our free passage on our easement. However, in the interests of being "good neighbors," we present our earlier proposed settlement to the easement issue (one that was agreed to by over 70% of Portola Park Heights owners, see Exhibit 5). V y truly yours, i 'am Obermayer LES(-Ey WA .DSarc)f_VL PORTOLA PARK HEIGHTS PROPERTY OWNERS ASSOCIATION 22400 SKYLINE BOULEVARD, BOX 16 LA HONDA, CALIFORNIA 94020 INVOICE D br 14-1 44 Date: ROAD DUES FOR PARCEL(S)# 44 51997 3D0.04 PRIOR YEARS, 19 PAST DUE: PENALTIES: MATCHING FUNDS: SPECIAL ASSESSMENT: 0P, 00 TOTAL DUE............................................ 500'0 0 PLEASE NOTE THE NEXT PROPERTY OWNERS ASSOCIATION MEETING: DATE: 5 111 q-1 5" TIME: /: 0 /' In, PLACE: .DICK- e 4 4-r6 2 I 1`p u s- - There will be a special assessment later for the road work that will be done on Portola Heights Road and Long Ridge Road between Sorich Road and Finstad Property after we come closer to a finial cost. The $200 special assessment paid in advance will be used to offset any extra special assessment. Any questions or need directions call Candy Stone at 408-369-1164 or 408-358-7957. List of Exhibits 1. Portola Park Heights Property Owners Association, Declaration of Easements, Restrictions, Conditions, Covenants, and Agreements 2. Deed and Covenants of Easement 3. San Mateo County Subdivision Ordinance No. 595, Section 13.1 4. Final Subdivision Report, Department of Real Estate of the State of California 5. Counter Proposal to MROSD Re: Easement Minimizing the liability of the property owners is the most important concern. Here is the counter proposal. It should be agreed that: There will be only one trail crossing; The gate location should be moved so that it is on the inside of the trail to prevent the public from turning onto the road into the private community; The trail should be fenced where it comes up to the road to insure the public use only the crossing; The District should maintain the portion of the road the public uses. The mainte- nance agreement would be altered to reflect this, thereby relieving us of all liability; In order to minimize liability, the District should pay to install and maintain the two electric gates and motors called for in their proposal. Property owners would pay the costs of bringing electricity to the gate location and the electric bill for its use. The District's proposal has been mailed to you by them. Please let us know which proposal you prefer and mail this page back to us in the enclosed envelope. If some portion of the counter proposal is unacceptable to you—but the counter proposal is otherwise agreeable—please cross out that portion and give us your comments on this page. I like the counter proposal I like the District's proposal Signature Dated Signature Dated EX15TING - fILI7-r Qp 1 1 1 SKYLINE BOULEVARD I 120' a CALTRAN S RIGHT OF WAy MAILSOXES FEIUCE : WILL EN5u RE PARK GUEST5 ONL`( CROSS THE RDA]> AT PROPOSED71ETRAILCRO551NGTRAILCROSSI NG THE DISTRICT WILL My TO MAINTAI N i i i PROPOSED LOCATIoN OF TWO 6AToRg NEW ELECTRIC GATE5 TtlAT WILL.. 8 E C LO SE D TO PREVENT THE PUBLIC FROM TURNING ONTO THE ROAD INTO THE OOMMUNIT/, AND WILL OPEN TO B LOCK 7H E TRA I L. W H I L.E VEHICLES GO 71{RO(j&tj. BCA f-j') Cr- DiRC--C TOkS G i 7 1 97 A I,DPG-MNSu,,q_ 'E /ON _L_MIISM e—; ,sPOiCT i 330 bi ST4[_- c ie_e c L E cs-TEPi EN 13Ny _ _C 14 NI r9 C E' SrONC __EsiA N- Ar S9S 0-E_ Amp G.3 l 1 i y;- 9 d° 7- i9 E ay A n E E r' Res z5:wr v_ "h E_ L rr D cam_ Ou nT-64 rX0 t"OJAL ON' 7-14 E Fv 3,2rH — ,P4,e-T-L6- —(54-6 5;e 1'7 5) c e yr 5, I F9 '. 1CLAIMAGAINSTMIDPENINSULAREGIONALOPEN P jbj;jjk Please return to District Clerk, 330 Distel Circle, Los Altos, CXA 94022 NOU 2 U 1997Completethefollowing, adding additional sheets as necessary. 1.CLAIMANT'S r '_ r MICIPEM,,i' t.;_A ;ME ; 0i•1A! S NAME (Print)-- ni nJi N ti ^ =T t 2.CLAIMANT'S ADDRESS: O ' ' .i vr c.%v e2.h'iIM l:- 6.-D (Street or P.O. Bo umber - City - State - Zip Code) 5 y)-6 HOME PHONE: y/7G' S`/S WORK PHONE: y6 S 15500 4ND ALI- fUTURE- I 74 ExP JSES 3.AMOUNT OF CLAIM: Om Ro-'C'5 05ED i3>' THE PUDLIC PLUS coQSEoUE07, A. IF AMOUNT CLAIMED IS LESS THAN $10,000: Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amoun of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTIOi RESTS: Municipal Court Superior Court 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AN-Ij 2 (PRE ) Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: TIME OF INCIDENT: LOCATION OF INCIDENT: 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED. INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: R ECEI U ED A BILL F-C>2 A P O SL i s R a*j) /4 7T^ct-i E 5 E Y N I B I? To Ti I l5 FDF-M . S EE A I`TAC H E 1...E 7T E (2 A K)C E x H 1 B/TS over) 7.DESCRIBE ALL DA. ..GE OR LOSS WHICH YOU BELL- _ YOU HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: LD55 DF P R I V,4 T Eh6 E M E N T . UF-RBURDEN) rJCr Cf- E-A-SEMecJ T - SEE ATTA-Cf4 D LE.Trc—p, A J b F-'-H 1 B I TS 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: M t b t,) NS ULJ' R CT I D N,4-L 0PE Q S l.ST21 LT N D GE N 2^L Nv4 t j CS E T i ature of aimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be fled within six months of incident. See Government Code Section 911.2 CLAIM AGAINST MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1.CLAIMANT'S NAME (Print D M Q S o r)d ; ;lo r ci o E y'< < 2.CLAIMANT'S ADDRESS: .3 4CC Sl.J/ L > ' ok 7 L/ -.;p, Street or P.O. Box Number - City - State'- Zip Code) HOME PHONE: L Z' << I' > > WORK PHONE: Ll L 4 S 5SOO c'O A ID ALL F-UTUR-F oN 3.AMOUNT OF CLAIM: Ro'4DS USeD .B>' -rHE PuB iC PLUS CC)"E&(j6pT/F A. IF AMOUNT CLAIMED IS LESS THAN $10,000: DM CTES Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court L1 n kC n CC.c, 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRINT) Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: L4"Z V " TIME OF INCIDENT: LOCATION OF INCIDENT:al - 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: RECE UED 79 51L.L F02 tN- PvaLic— p—O,-4D , ATTACHED AS t.XHIB/T /11 TO THIS FOP-" - SEE .4TT.4cf-IUD LETTER AND B ITS , i OCT 2 71997 over) 7.DESCRIBE ALL Di-. .GE OR LOSS WHICH YOU BELL YOU HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: LasS OF P R I V ATE E215EM EAJ T. OVERBURbEw ri - OF EA-SEM_DJT- SEE ATTACHED LETTER A fJD EXcH I $ ITS . 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: MIDPE1\) ( A)S01_f Rff_Cz-IoNAL OPEN SPACE I5T/21 T 4 D GENERAL N1A"AC-ER 'TI4-LRcGr. Sign Lure of C aimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 CLAIM AGA_ T MIDPENINSULA REGIONAL SPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding addition4 eets as necessary. 1.CLAIMANT'S NAME (Print) 2.CLAIMANT'S ADDRESS: Z 2,-J, vv L,s CIS '' d Street or P.O. Bo Number - City - State - Zip Code) HOME PHONE: oDi WORK PHONE: 3.AMOUNT OF CLAIM: 50 v a-v o cu A. IF AMOUNT CLAIMED IS LESS THAN $10,000: Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court fu A Superior Court 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRINT) Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: - TIME OF INCIDENT: LOCATION OF INCIDENT: 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: J L Of,J 71997 over) 7.DESCRIBE ALL Di .GE OR LOSS WHICH YOU BELL YOU HAVE IN CURBED OR WILL INCUR AS A RESULT OF THE INCIDENT: 8.NAME(S) OF PUBLIC F1 PLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: Signature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 CLAIM AGAT MIDPENINSULA REGIONALIPEN SPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1.CLAIMANT'S NAME (Print) 1— N c Uhl G6 v I A 2.CLAIMANT'S ADDREss:'J"'; 'D t L46Nors W Q4dz Street or P.O. Box Number - City - State - Zip Code) HOME PHONE: WORK PHONE: 6c-) 3.AMOUNT OF CLAIM: A. IF AMOUNT CLAIMED LESS THAN 10,000: .may Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court 4.ADDRESS TO WHICH NOTICES 6ORs-0-U r-f ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PROM i 6 CXx.e-)NI a- street or P.O. 1 N lG TMber City - State - Zip Code) 5.DATE OF INCIDENT: 4 TIME OF INCIDENT: N Pti LOCATION OF INCIDENT: c,.eJ 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGE% 7 ^id over) 7.DESCRIBE ALL DAGE OR LOSS WHICH YOU BELL YOU HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: a( AAK v"'aa 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: Sig ature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 I CLAIM AGAINST MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Please ret to District Clerk, 330 Distel Circle s Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1.CLAIMANT'S NAME (Print) A r A V)a U [n^K e v 2.CLAIMANT'S ADDRESS: 2 2 -(Do Sk U ,1 1 y j ' I:L-3S Street or P.O. 16 Number - City - State - Zip Code) HOME PHONE: l S — I ` C WORK PHONE: 3.AMOUNT OF CLAIM: A. IF AMOUNT CLAIMED IS LESS THAN $10,000: Estimate amount of total damage or loss: CAS - 6 Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. rc,:F ,4 (cs+ c 'r - j etcp 7S s d•, ,pc.s ,std 5 +-•e B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRUM Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: TIME OF INCIDENT: LOCATION OF INCIDENT: r R Tom^ 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: T aq over 7.DESCRIBE ALL DA 3E OR LOSS WHICH YOU BELL YOU HAVE INCURRED OR WII.L INCUR AS A RESULT OF THE INCIDENT: LGSS eC ,a e ) ®vim & . c" e -ts•ti {..o( 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: PW- - _---- —0 2-4, Signature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 CLAIM AG -ST MIDPENINSULA REGIONAL OPEN SPACE DISTRICTPleasereturntoDistrictClerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1•CLAIMANT'S NAME (Print) E y IC 2•CLAIMANT'S ADDRESS: -;b D Street or P. . Box umber - City - S - Zip Code)HOME PHONE: 5 19—( O Co WORK PHONE: 0— 9C8—COST T B .D£TEZM 1 N LSD .3.AMOUNT OF CLAIM: Ef-PEOSES ory ALL uTuR I oHD A. IF AMOUNT 2©f 05 USED ®7Pu3LI C PLUSCLAIMEDISLESSTHAN $10,000: CAMS CQUEtjT1 L DA"A&ESEstimateamountoftotaldamageorloss: Attach copies of bills, estimates and other documents showing how you computed the amou,of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICT IO:RESTS: Municipal Court Superior Court Gc yt_L n p to t' 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRINT) Street or P.O. Box Number) City - State - Zip Code) 5•DATE OF INCIDENT:LLtELIDTIME OF INCIDENT: Cy LOCATION OF INCIDENT: R-AY ,q R FA- R i A 6- - L 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASEDINCLUDINGYOURREASONFORBELIEVINGTHATTHEDISTRICTISLIABLEFORYOUFDAMAGES: 1 JCREA.sF-D US OF I M Tt:je-'ER j NG-- W I TFCMyELASEAFI,j - . 1 G+e;i 7 11,-,97 over 7.DESCRIBE ALL DA GE OR LOSS WHICH YOU B YOU HAVE INCURRED OR WILLINCURASARESULTOFTHEINCIDENT: LOSS OF ppl UA rE a-ArSEM EN T- DYERBl)RDE1NIN)& OF ff45EMENT SEE. AjT,,4CHED L-ETTEp AND EXHIBITS • 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: M IDPENI NSULI) REG,-I oN.L OPEtJ 5P^CE bISTR Ic-1- ,}ND G NE12f'rL M>4-NA-Cs J? Signature of aimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 CLAIM AGA. . MIDPENINSULA REGIONAL ,W SPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional)sheets as necessary. 1.CLAIMANT'S NAME (Print) I`'° I C 1 4-°" J • 2.CLAIMANT'S ADDRESS: 2 Y a o -. ' L:, l, 2 r L 4 1,—,,4 'F V° Street or P.O. Box Number - City - State - Zip Code) HOME PHONE: y/ —.Sv o r- WORK PHONE: W5770 13E .DE-T&P-MI NeD" r)LL FU TU E' RoftD 3.AMOUNT OF CLAIM: PEr.sES 0'v RoftoS USED J YTHc Tudor- PL-U3 A. IF AMOUNT CLAIMED IS LESS THAN $10,000: D T f 4M'4G E Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amoun of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTIOr RESTS: Municipal Court Superior Court 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRDM Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: MI 7 TIME OF INCIDENT: AJZA LOCATION OF INCIDENT: Ill) k 6rt S E b 11 S F. O F Tfa I L !N TE P-FE R I B WITH OV EASeMGWT 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUF DAMAGES: UCi 7 197 over 7.DESCRIBE ALL DA 3E OR LOSS WHICH YOU BELL , YOU HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: L-p55 OF I V IE E 4S M Eli jo OUERBORIDEICJI IU Cam- (DF EAS EM ENT- SEE ATT/-CflE p Le fT 25 + f B I TS 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: M11)PE—IvIrUSULA RF-610NAL 0pI 1 S 1 CE 1 IST I T A-N D 5 E M E-V L Signature of mart Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 CLAIM AGAL MMPENINSULA REGIONALSEN SPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1.CLAIMANT'S NAME (Print) Ad.cyn k, Cxreevlb a±e Cy tAk a L- Fom 2.CLAIMANT'S ADDRESS: PC, LAX &xo Ly 9{ t,loob sick E, C"q Street or P.O. Box Number - City - State - Zip Code) HOME PHONE:S 9 G- 3+30 WORK PHONE:_l 3.AMOUNT OF CLAIM: A N\ 6,e -w) exp,,,fe% ow r45 ""d 6A. IF AMOUNT CLAIMED IS LESS THAN $10,000: Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amoun! of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRINT) Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: jq TIME OF INCIDENT: LOCATION OF INCIDENT: A-1-r+•e 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: Se cA -c ed te4&- cz,; LW,- 7 i over) 7.DESCRIBE ALL D1. GE OR LOSS WHICH YOU BELL YOU HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: S.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: 0r- Sf4ce as- c4 ak) Signature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 CLAIM AGA.I SOT MIDPEN NSULA REGIONAL ueEN SPACE DI STRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1.CLAIMANT'S NAME (Print) 3C lk v 2.CLAIMANT'S ADDRESS: 2Z14nni, k)C Street or P.O. Aox Number - City'- State - Zip Code) 1 0 zC HOME PHONE(-6 S`y I — 6 c(WORK PHONE: 3.AMOUNT OF CLAIM: S"v v " v PE,S Cs A. IF AMOUNT CLAIMED IS LESS THAN $1 ,OW: C Pu z i c P v S CO, jc QU-P-N T,' R L P/t-l.l 4C,-tj Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court k AMW A/ 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRINT) Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT:Z tq-TIME OF INCIDENT: _/f 4 LOCATION OF INCIDENT: 6 C F i u 5 fgD 4 O}.i Ij- Vt A- F y R. t 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: lrC tV6o A- iLL F- A URLi- G POkJ3 I 7 q7 over) 7.DESCRIBE ALL DA 3E OR LOSS WHICH YOU BELL , YOU HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: Lo sS o IF- P K( e -#-I c E C/M E N T . o U E g NUN(DE Al i A/-G- Gt= - A+ , ,4t c,v T + c fA ACT T Ck qN 0 C }C(tr i TS 8.NAME(S) OF PUBLIC EMPLOYEES) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: A b 96/v1 Ns U G- io iv A o f pis F R cc O N (] C,-6 Al G R A4 fF N t4 c f2 CIA-cx-o Si ature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 CLAIM AGAINOMIDPENINSULA REGIONAL G- -4 SPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary./ 1.CLAIMANT'S NAME (Print) l )C 4 u G r —, `! PY S a n4 2. CLAIMANT'S ADDRESS: O d Su Street or P.O. x Number - City - State - Zip Code)& y zo Zo HOME PHONE:el/ / 2 WORK PHONE: v k)6 Au- IPUTURE RDAA 3. AMOUNT OF CLAIM: 5D0 cIS D Pv LlC PZ-U5 CDO-556 06A- T 19 L A. IF AMOUNT CLAIMED IS LESS THAN $10,000: m S Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Lf 1/ v zi2 Superior Court 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRINT) Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: 7 TIME OF INCIDENT: LOCATION OF INCIDENT: /7 6 /v< 6. DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: REC£I UE b J4 BILL FOP- `N- PU5LlL 12n7q-b ATTA-CMEL 4S E f-H f f3lT / To `PHIS F-0P- - SEE ,4TTAcHEp LE77-C-IR Q D E X H 1 8/TS I 1997Cin over' 1.DESCRIBE ALL DA 3E OR LOSS WHICH YOU BELISE YOU HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: LOSS D-F P R) U^TE 5ASEM EtiiTDvU1NIrJCS- (OFF EASE M E N 7-. SEE .`A T TAC H e D LF-Tk-ER ^JD EX44IB/TS . 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: M ! PPE/ I NS ULr9 R E&10,kJAL OPEN S 4C D15T/2 IC7' Signature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 L CLAIM AGAINST M DPENINSULA REGIONAL OPEN SPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1.CLAIMANT'S NAME (Print) c 55 1— 2.CLAIMANT'S ADDRESS: 2-4G d c C-1.A L Street or P.O. Box Number - City - State - Zip Code) HOME PHONE: C',So' 1 Z--WORK PHONE:q--q — f] LAU ALLDLL FUTURE RUE D E cPC-N SSE ON 3.AMOUNT OF CLAIM: $ 500— lzD fl PS 8y P U L I C_ PROS C eA3SE-6-V GQ T 1A L A. IF AMOUNT CLAIMED IS LESS THAN $10,000: -bA M,t G E S Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRINT) Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: TIME OF INCIDENT: LOCATION OF INCIDENT: 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUF DAMAGES: RECEIUED /} bILL FOR -4 PU5LIC- ATT4CHEJ1 AS EXH IB/T A TO TH15 FORM . SEE ATTACHED LE--F7 R A 1J D E- H I B I TS OCT ? 7 1997 over 7.DESCRIBE ALL DAN E OR LOSS WHICH YOU BELIE _'OU HAVE INCURRED OR WILL INCUR AS A RESULT OF THE INCIDENT: LosS bF f R WATE E4SE MC=MT • o,F E? S, EN1E1JT" , 5Eff ATTACHED L-ET7ER AK3D E B/TS 8.NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: M IDPENqJSUi RFGiovvf4L OPEN SP^CE DISTR. CT 74I D eEQeQf L JA&ER . 7 Signature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 CLAIM AGAOT MIDPENINSULA REGIONALISEN SPACE DISTRICT Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022 Complete the following, adding additional sheets as necessary. 1.CLAIMANT'S NAME (Print) - ( 66 P A'I '4 2.CLAIMANT'S ADDRESS JJ 0 0 4Q;4J6 tdLUt BpX )34A LA N pwtj 2 Street or P.O. Box Number - City - State - Zip Code) HOME PHONE: D I Ll L QS7 Z- WORK PHONE:_ c O$-7-7 3.AMOUNT OF CLAIM: *506 . ° A N C ALL :F u TU R ff P D 6 0 E?, pE M 5 cS O K. A. IF AMOUNT CLAIMED IS LESS THAN $10 P000: S U sCP-010 a y Pv L L US CO JjtQVE U T/ l9 LEstimateamountoftotaldamageorloss: bi3r(MA Attach copies of bills, estimates and other documents showing how you computed the amourofyourclaim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE RMSDICTIO:RESTS: Municipal Court Superior Court U Kbtj r1j 4.ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT Name) FROM LINES 1 AND 2 (PRDM Street or P.O. Box Number) City - State - Zip Code) 5.DATE OF INCIDENT: 4=122 1 TIME OF INCIDENT: ti f't LOCATION OF INCIDENT: I R EC E I OEL, A BJLL 4--012 t g iC 120, 6.DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASEI INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUDAMAGES:C I JF A b l L L F 0 t2 A -P U ct L I C_ (2 L A B 1097 riOFL i i ove 7. DESCRIBE ALL DAMAGE OR LOSS WHICH YOU BELIEVE YOU HAVE INCURRED OR WaINCURASARESULTOFTHEINCIDENT: L.C)S S OF P R 1 U,q Ti-c EAStME0T - 60EP BUbEru (N) & GF SE-E ATTACH&6 LET76/' AN30 ?`I'f t31TSn 8. NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN:1iDPEN NS RE6-( ak) pL_ C)PE Ov SPACE .D/STRiCT-N Cl &N E r? ti1,4 ry f Cs Signature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished himprisonmentorfinesorboth. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 Regional Open ice 2 R-96-98 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-19 September 25, 1996 AGENDA ITEM Amendment to the Use and Management Plan for Long Ridge Open Space Preserve to Construct a Portion of the Bay Area Ridge Trail GENERAL MANAGER'S RECOMMENDATION ZN<J 1. Determine that this project is exempt from the California Environmental Quality Act. 2. Adopt an amendment to the Use and Management Plan for Long Ridge Open Space Preserve to construct a portion of the Bay Area Ridge Trail, crossing Portola Park Heights Road approximately 30 feet west of the existing gate location. 3. Waive the tentative adoption of the amendment in order that the trail construction may begin prior to the onset of winter rains. 4. Authorize staff to to contract with Pacific Gas and Electric to install electrical service for the purposes of serving an electric gate at the junction of Portola Park Heights Road and Skyline Boulevard. 5. Authorize the General Manager to execute the Indemnification Agreement on behalf of the District with any interested property owner holding an easement for access to their property over Portola Park Heights Road. DISCUSSION At your October 25, 1995 meeting you tentatively approved the amendment to the Long Ridge Open Space Preserve to construct a portion of the Bay Area Ridge Trail. You also created an ad hoc committee consisting of Directors Hanko, Henshaw and Siemens to meet with staff and Portola Park Heights Homeowners Association representatives to attempt to resolve issues concerning liability. Final action to approve the amendment to the Use and Management Plan to construct the Bay Area Ridge Trail occurred at your November 29, 1995 meeting. The Board's ad hoc committee members, staff and representatives of the Portola Park Heights Homeowners Association (PPHHA) met on several occasions to discuss issues relating to the trail crossing, signing, and liability. Bay Area Ridge Trail Ali ngment On July 8, 1995, a Special Board Meeting was held on-site with the Portola Park Heights neighbors to discuss several issues including the location of the trail crossing. Three alternatives 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,tvtary C.Davey,Teena Henshaw,David T.Smernoff,Nanette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-96-98 Page 2 were discussed. Alternative 1 followed the existing disc line, crossing Portola Park Heights Road near the existing Skyline Boulevard entrance gate. Alternative 2 crossed Portola Park Heights Road approximately 600 feet from the gate at Skyline Boulevard, and Alternative 3 crossed the road about 150 feet from the gate. Based on the three alternatives presented (see reports R-95-131 and R-95-140), the neighbors agreed that Alternative 2 was the preferred alignment. Following the meeting you approved an amendment to the Use and Management Plan for the preserve to build the Bay Area Ridge Trail following the Alternative 2 alignment. Follow-up discussions with the representatives of the Portola Park Heights Homeowners Association now indicate they wish to change their support of the trail crossing to Alternative 1 (see Exhibit 1). Along with the change in location, the ad hoc committee members and staff agreed to provide electrical service to a new gate location, approximately 30 feet inside the preserve from the existing gate (see Exhibit 2). Staff met with a representative of Pacific Gas and Electric Company (PG&E) to discuss the feasibility of undergrounding the electrical service beneath Skyline Boulevard. With Board authorization, the undergrounding of power to the new gate location can be completed in approximately three to four months. If approved by you, the District will provide no more than $10,000 for the electrical undergrounding project and additional improvements needed to facilitate the gate installation and electrification. Staff does not have a cost estimate from PG&E at this time, but based on a preliminary investigation by PG&E staff, they indicate the project will probably cost between 5,000 and $7,500. Any expense beyond the $10,000 outlay by the District will be at the homeowners' expense. In addition, the monthly utility expense and the ongoing maintenance of the electric gate will be at the homeowners' expense. This undergrounding project was not included in the 1996-1997 budget. This increase may necessitate a mid-year budget adjustment, but at this time, it is anticipated there will be additional funds available from other projects scheduled this year that are anticipated to be underspent. Trail Construction Schedule Construction of the trail can begin immediately upon your authorization. Cost for the trail construction project is estimated at $7,500 and is included in the fiscal year 1996-1997 budget. The cost of the trail construction is reimbursable under a National Recreational Trails Fund grant through the State Department of Parks and Recreation. The trail construction must be completed by June 30, 1997 in order to be reimbursed. No time extensions are available for this grant. The trail work will be conducted by staff and volunteers. In compliance with standard District practices, the trail will initially be open to hiking use only. This practice allows the trail tread to compact and stabilize prior to the introduction of higher impact uses, such as bicycles or equestrians. If constructed this fall, the trail will open to multiple use in spring, after the electric gate installation has been completed. R-96-98 Page 3 The area to be traversed by the trail becomes very wet and boggy once the winter rains begin. Staff is concerned that the time required for a second reading of this amendment will eliminate the possibility of construction this fall. If it is a heavy winter or late spring such as experienced the last several years, it is unlikely the trail could be constructed prior to the grant deadline. This project has already undergone an extensive public review process. Two public workshops have occurred on-site to discuss the trail crossing location. In addition, the neighbors were notified of the two hearings for the amendment to the use and management plan. A letter was sent to all neighbors on September 13, 1996 outlining the issues to be addressed in this report. A copy of this report was sent to all neighbors prior to your September 25, 1996 meeting. Staff requests you waive the two-reading approval process for Use and Management Plan Amendments, authorizing construction of the trail to begin immediately. Pursuant to the District's Public Notification Policy, the General Manager recommends that the Board waive tentative adoption of this Use and Management Plan Amendment and proceed with final adoption, as the General Manager has determined that extensive public notice has already occurred and that the issue is one of limited concern. Future Trail Crossings The potential for additional trail crossings within the next several years will be addressed in the Trail Use Element for Long Ridge Open Space Preserve. The Trail Use Element is tentatively anticipated for completion during late 1997. Additional trail crossings may be necessary in order to incorporate the recently acquired Devils Canyon area into the trail system for the preserve. Liability Issues District Legal Counsel prepared an Indemnification Agreement which addresses some of the liability issues expressed by the neighbors. Upon your approval, the agreement can be sent to each property owner have legal rights to Portola Park Heights Road for access to their property. A copy of the agreement is attached as Exhibit 3. The agreement has been reviewed by the PPHHA representatives and District Legal Counsel. CEQA Compliance The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15302 and 15304. Section 15302 exempts conversion of overhead electric utility facilities to underground where the surface is restored to the condition existing prior to the undergrounding. Section 15304 exempts minor public alterations in the condition of land, water and/or vegetation. Prepared by: Mary de Beauvieres, Open Space Planner Contact person: Same as above BAY AHEA HIUGE TRAIL ALIGNMEN I- A I PUH I ULA PARK HEIGH 15 HUAU 1 Existing Trail Proposed Trail Skyline Ridge Skyline Boulevard Open Space Preserve, Scale: 1" = approx. 600' North Portola Park Heights Road Proposed Ridge 00. 1 Trail Alignment p-00 Grizzly Flat Bean Driveway Long Ridge i Open Space Preserve I 1 •'Existing Trail Peters Creek FXHIRIT 1 - 1 nNG RIDGF OPEN SPAGF PRFSFRVF SFPTFMRFR 199E PORTOLA PARK ' 'EIGHTS ROAD UNDERGRC ' 'ND UTILITY LINE p-X tern N Cr UM LAT-( PoLf i gtCYt-ll.1 N CA L-Two,"045 4 1.\ a{Gf-t"rG Wa`( 0 ti f--X t JCtuCr t2' G6S 0 P07 Ib 1- 1-TlAJ X IQlT1hiC / OF MfDiv CIA -- Pp-mos V-7,IV Gtzo NGr I o Z EXHIBIT 2: LONG RIDGE OPEN SPACE PRESERVE SEPTEMBER 1996 INDEMNIFICATION AGREEMENT This Indemnification Agreement is entered into by Midpeninsula Regional Open Space District, a California public agency, and property owner(s) of certain real property located in San Mateo County, California (hereafter referred to collectively as "Owner") which real property is further identified as: RECITALS WHEREAS, the District is the owner of certain real property located in San Mateo County known as the Long Ridge Open Space Preserve, which contains a road commonly known as Portola Park Heights Road ("the Road") which is depicted on the map attached hereto marked Exhibit A" which is incorporated herein by reference; and WHEREAS, Owner is the property owner of certain real property adjacent to Long Ridge Open Space Preserve and may hold an easement for ingress and egress over the Road; and WHEREAS, District desires to construct public recreational trails in Long Ridge Open Space Preserve, a portion of which will cross the Road ("the Trails"); and WHEREAS, Owner is concerned about potential liability arising from an injury to a third party recreational user of the Trails; and WHEREAS, District desires to work cooperatively with Owner to help resolve Owner's concerns about such liability by means of this Agreement without admission of any legal responsibility or requirement to do so. INDEMNIFICATION 1. District agrees to indemnify, defend and hold Owner harmless from all claims, demands and liability for bodily injury, death or property damage brought by third parties against Owner which arise from the third party's recreational use of the Trails and which are alleged to be solely caused by the physical condition of the portion of the Road located upon District fee- owned property. This indemnity is limited to injuries which may occur on such portion of the Road which is within the boundaries of District fee-owned property. 2. As used in this section, the term "Owner" includes Owner's agents, employees, servants, tenants, invitees, licensees, heirs, successors or assigns. This indemnity agreement excludes the following claims, demands, cause of actions or liability: A. Claims alleged to have occurred due to any negligent, intentional, willful or malicious act of Owner, other than a negligent act directly and solely relating to the physical condition of the portion of the Road located upon District property. Indemnification Agreement Page 2 B. Injury to any person invited by Owner to enter District property or Owner's property. C. Injury to any person granted permission by Owner to enter District property or Owner's property for payment. 3. Owner shall notify District in writing within 60 days of receipt of any claim, action or proceeding upon which Owner seeks to be defended or indemnified under this Agreement. Owner shall cooperate fully in such defense. If Owner fails to promptly notify District of any such claim, action or proceeding or fails to cooperate fully in the defense thereof, District shall not thereafter be responsible to defend, hold harmless or indemnify Owner. 4. It is understood and agreed that this indemnification shall not be construed as an admission of fault, liability, or legal responsibility by any party. District maintains that as fee owner of District Real property, it has the legal right to construct, maintain and operate trail crossings across the Road and its execution of this Agreement shall not be construed as an admission or concession of any kind with respect to the District's property or legal rights, fault, liability or legal responsibility to Owner. Nor shall this Agreement be construed as an admission or concession by Owner that District has such rights. 5. In the event District becomes aware of a potentially dangerous or hazardous physical condition of the Road, District may notify Owner that maintenance of the Road is required to remedy or avoid such condition. Such notice may be given in writing to the Portola Park Heights Property Owner's Association. If the condition is not satisfactorily repaired or remedied within 60 days after the date of the written notice, the District may, but is not obligated to, perform the remedial or maintenance work necessary to remedy or avoid the hazardous or dangerous condition. District's costs of such work shall be applied as a credit to the District's pro rats share of future maintenance costs under the "Deed and Covenants of Easement" covering the District property which was executed on March 9, 1966 and recorded at Volume 5128, Page 1 of the San Mateo County Recorder's Office on March 16, 1966. Dated: Midpeninsula Regional Open Space District By: L. Craig Britton General Manager Dated: Owner Dated: Owner GATE. INSTALLATION AND MAINTENANCE AGREE This Gate Installation and Maintenance Agreement ("Agreement") is entered into on _ 1997 by Midpeninsula Regional Open Space District, a California public agency, hereafter referred to as "District", and certain owner(s) of real property located in San Mateo County, California. The names and addresses of the property owners who are parties to this Agreement and the description of the real property owned by each of them are attached hereto, marked Exhibit "A" and incorporated by reference. These property owners are hereafter referred to collectively as "Owners. RECITALS WHEREAS, the District is the owner of certain real property located in San Mateo County, California, commonly known as the Long Ridge Open Space Preserve, which contains a road commonly known as Portola Park Heights Road ("the Road") which is depicted on the map attached hereto marked "Exhibit A" which is incorporated herein by reference; and WHEREAS, Owners are the property owners of certain real property adjacent to Long Ridge Open Space Preserve and hold an easement for ingress and egress over the Road; and WHEREAS, District desires to construct public recreational trails in Long Ridge Open Space Preserve, including a portion of the Bay Area Ridge Trail, which trails will cross the Road ("the Trails"); and WHEREAS, District desires to facilitate Owners' construction and installation of an electric gate across Portola Park Heights Road at or near Skyline Boulevard which Owners desire to construct to control ingress and egress to Owners' real property. NOW THEREFORE, in consideration of the mutual promises herein, the parties agree as follows: 1. Owners may contract with Pacific Gas & Electric Company (PG&E) or a licensed contractor approved by PG&E to extend the electrical utility service which currently exists on the north side of Skyline Boulevard to the site of the proposed location of the electric gate which is the subject of this Agreement as depicted on Exhibit B. All utilities will be installed underground. This work shall hereafter be referred to as "the utility extension." 2. Owners shall obtain any and all necessary government permits or other approvals required to allow the utility extension and gate installation to occur. 3. At Owners' sole cost and expense, Owners may construct and maintain an electric gate at or near the location depicted on Exhibit B. The precise design and location of the gate is subject to prior written approval of the District. Owners shall pay all costs of the gate, Gate Agreement Page 2 including installation, construction, utility connection, utility bills, repair, maintenance, replacement, reconstruction, and relocation if ever necessitated by a utility, government agency, or other reasons. 4. District will pay an amount not to exceed $10,000.00 for the utility extension as follows: Upon receipt of properly documented invoices for the utility extension, District will pay to PG&E or to the licensed contractor the cost of the utility extension in an amount not to exceed $10,000.00. In the event the cost of the utility extension is less than $10,000.00, District will contribute an additional amount to Owners for the installation and construction of the gate upon completion of installation and inspection by District. In no event, shall the District's contribution exceed $10,000.00 in total. 5. Owners shall maintain the gate in good repair and in good appearance at Owners' sole cost and expense. District shall have no obligation to maintain or repair the gate. District agrees to indemnify, defend and hold Owners harmless for any claims or liability for damage or injury to persons or property brought by third party recreational users of the Trails against Owners and which are alleged to be solely caused by the physical condition of the gate. 6. In the event District becomes aware of a potentially dangerous or hazardous physical condition of the Gate, District may notify Owners that maintenance of the Gate is required to remedy or avoid such condition. If the condition is not satisfactorily repaired or remedied within 60 days after the date of the written notice, the District may, but is not obligated to, perform the remedial or maintenance work necessary to remedy or avoid the potentially hazardous or dangerous condition. The District may place a lien upon the Owners' real property in order to recoup the costs of such work. The costs will also be a personal obligation of Owners who shall reimburse District for such work. 7. At all times, Owners shall provide District with a current set of keys and/or any other necessary operating equipment so that District and its employees, agents, contractors and authorized representatives may use the gate for ingress and egress to its real property. 8. This Agreement shall be recorded identifying the real property owned by Owners. This Agreement shall be binding and shall inure to the benefit of the successors, heirs, assigns, transferees and beneficiaries of Owner. Dated: Midpeninsula Regional Open Space District By: L. Craig Britton, General Manager i Gate Agreement Page 3 EXHIBIT A Dated• Owner: Description of Real Property: Dated: Owner: Description of Real Property: Dated: Owner: Description of Real Property: Dated: Owner: Description of Real Property: Dated: Owner: Description of Real Property: Dated• Owner: 7- e7 7 PR(')'Pl,--RD- QWNERS WHO COULDN'T ACCEPT THE DISTRICT AL BUT SIGNED COUNTER PROPOSAL TE-Rl-,',Y CIO SSETT LYNNE & JULIAN GORODSKY JOHN & MONIQUE CRAIG rrom & PE(Joy WAROO I=ON(j & ADAM GREENBLATT CLIFF J EN INS ANN WALDHAUER LE SM" WADSWORTH & BILL OBERMAYER SAW DFREDE RICK S TO-NiASk BESSIE VAUGHN Pl--,SSIE VAU(JHN OWN .) PARCELS BILL SORICH k ICHARD BON]NO JOEjEPSON BILL GUENTHER JI'M CRANE AN! CRANE OWN 2 PARCELS STEVE & CANDACE STONE KEN HARTI-F-Y HERI CA ULKINS &DAVID THEODOROPOULOS SC011' NEERMANN MICHAEL& LAURIE McPHERSON RAMIROCOMAS Dr, Lei NDA HUTNTIMER Dl(-"K CARTER PARCELS, APPRoxix4A'rFLY 33 PLUS SIONATURES. a Minimizing the liability of the property owners is the most important concern. Here is the counter proposal. It should be agreed that: o There will be only one trail crossing; The gate location should be moved so that it is on the inside of the trail to prevent the public from turning onto the road into the private community; The trail should be fenced where it comes up to the road to insure the public use only the crossing; The District should maintain the portion of the road the public uses. The mainte- nance agreement would be altered to reflect this, thereby relieving us of all liability; In order to minimize liability, the District should pay to install and maintain the two electric gates and motors called for in their proposal. Property owners would pay the costs of bringing electricity to the gate location and the electric bill for its use. The District's proposal has been mailed to you by them. Please let us know which proposal you prefer and mail this page back to us in the enclosed envelope. If some portion of the counter proposal is unacceptable to you—but the counter proposal is otherwise agreeable—please cross out that portion and give us your comments on this page. I like the counter proposal I like the District's proposal Signature Dated Signature Dated r Ex15TING UTILI7 poLE 0co 1 1 5K`(LINE BOULEVARD i 120 GALTRANS -- RIGHT OF WAY MAILSoxES FEAM-E : WILL EM50RE PARK GUEST5 ONLY CROSS THE ROAD AT PROPOSEDTHETRAILCRO55IN& TRAIL CROSSING THE DISTRICT WILL PA'( TO M A I N TA I N i i i PROP05ED LOcAr10N OFTWO GATE M OToRs NEW ELECTRIC GATE5 7VAT WILL B E C LO SE D TO PREVENT THE PUBLIC FROM TORNIM& ONTO THE ROAD INTO THE oOMMUNI-r, AND WILL OPEN TO BLOCK THE TRAIL W H I L.E VEH I cL.E.5 Co -r{{ROu&M. Regional Open L. ace R-97-160 Meeting 97-36 December 10, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AGENDA ITEM _7 AGENDA ITEM Addition of District Clerk to Designation of Authorized Sigpato iesfor District Accounts GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached Resolution establishing financiatnstrument signatories the District for Santa Clara County accounts. 2. Adopt the attached Resolution authorizing signing and endorsing checks and other instruments for general checking account (Mid -Peninsula Bank). 3. Adopt the attached Resolution authorizing signing of payroll related checks for payroll checking account (Mid -Peninsula Bank). 4. Adopt the attached Resolution authorizing telephone withdrawals, deposits, and wire transfers (Mid -Peninsula Bank). DISCUSSION In light of D. Dolan's appointment as Administrative Services Manager/District Clerk, it is necessary to change the District's designation of authorized signatories for our general and payroll checking accounts. Prepared by: D. Dolan, District Clerk Contact person: L. Craig Britton, General Manager W44.414/414.44,, ----fin,'"a�--- W,,I+ I Celebrate 25 Years of Open Space Preservation • 1972-1997 • 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org Board of Directors: Pete Siemens, Mary C. Davey, Jed Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager: L. Craig Britton RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING FINANCIAL INSTRUMENT SIGNATORIES OF THE DISTRICT FOR SANTA CLARA COUNTY ACCOUNTS WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District has passed Resolution 93-13, dated April 28, 1993, authorizing signatories to make disbursements on behalf of the District. NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section 1. The signatures of the present holders of said offices are as follows, and the Director of Finance of Santa Clara County is authorized to make disbursements on behalf of the District based on any one signature for amounts under $5,000 and any two signatures for amounts $5,000 and over, as set forth below: GENERAL ANAG L. Craig Britton ADMINISTRATIVE SERVICES MANAGER Deirdre C. Dolan PUBLIC AFFAIRS MANAGER Malcolm Smith OPERATIONS MANAGER John M. Escobar MID - PENINSULA BANK CORPORATE BANKING RESOLUTION for Deposit Accounts) Depositor: MIDPENINSULA REGIONAL OPEN SPACE Financial MID—PENINSULA BANK DISTRICT—PAYROLL ACCOUNT Institution: 420 Cowper Street 330 DISTEL CIRCLE Palo Alto,CA 94301 LOS ALTOS,CA 94022 Account No: 0110653801 I, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the state of California as a corporation for profit,with its principal office at 330 DISTEL CIRCLE,LOS ALTOS,CA 94022. Account Holder. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—PAYROLL ACCOUNT is the complete and correct name of the Account Holder. I FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation, duly and regularly called and held on April 2, 1997,at which a quorum was present and voting,the following resolutions were adopted: RESOLVED, that the Financial Institution named above at any one or more of its offices or branches, be and it hereby is designated as the Financial Institution of and depository for the funds of this Corporation,which may be withdrawn on checks,drafts,advices of debit,notes or other orders for the payment of monies bearing the following appropriate number of signatures: '2 SIGNATURES OVER $5,000 of the following named officers or employees of this Corporation("Agents"),whose actual signatures are shown below: X L CRAIG BRITTON,GENERAL MANAGER X JOHN M ESCOBAR,OPERATIONS MANAGER X MALCOLM SMITH,PUBLIC AFFAIRS MANAGER X DEIRDRE C DOLAN,ADMIN MGR and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein,or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Financial Institution, or for collection or discount by the Financial Institution; and to accept drafts and other items payable at the Financial Institution. FURTHER RESOLVED,that the above named agents are authorized and empowered to execute such other agreements,including,but not limited to, special depository agreements and arrangements regarding the manner,conditions, or purposes for which funds,checks,or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to cant' out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account is maintained. Financial Institution shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. I FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures;that the foregoing Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified in any manner whatsoever. M MID - PENINSULA BANK CORPORATE BANKING RESOLUTION for Deposit Accounts) Depositor: MIDPENINSULA REGIONAL OPEN SPACE Financial MID—PENINSULA BANK DISTRICT—GENERAL ACCOUNT Institution: 420 Cowper Street 330 DISTEL CIRCLE Palo Alto,CA 94301 LOS ALTOS,CA 94022 Account No: 0108390201 I, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the state of California as a corporation for profit,with its principal office at 330 DISTEL CIRCLE,LOS ALTOS,CA 94022. Account Holder. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—GENERAL ACCOUNT is the complete and correct name of the Account Holder. I FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation, duly and regularly called and held on April 2, 1997,at which a quorum was present and voting,the following resolutions were adopted: RESOLVED, that the Financial Institution named above at any one or more of its offices or branches, be and it hereby is designated as the Financial Institution of and depository for the funds of this Corporation,which may be withdrawn on checks,drafts,advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: ` 2 SIGNATURES OVER $5,000.00 of the following named officers or employees of this Corporation("Agents"),whose actual signatures are shown below: X L CRAIG BRITTON,GENERAL MANAGER X JOHN M ESCOBAR,OPERATIONS MANAGER X MALCOLM SMITH,PUBLIC AFFAIRS MANAGER X DEIRDRE C DOLAN,ADMIN MGR and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein,or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Financial Institution, or for collection or discount by the Financial Institution; and to accept drafts and other items payable at the Financial Institution. FURTHER RESOLVED,that the above named agents are authorized and empowered to execute such other agreements,including,but not limited to, special depository agreements and arrangements regarding the manner,conditions, or purposes for which funds,checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account is maintained. Financial Institution shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. I FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures;that the foregoing Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified in any manner whatsoever. CORPORA&BANKING RESOLUTION (for U sit Accounts) Page 2 Continued) IN TESTIMONY WHEREOF, 1 have hereunto set my hand on 1997 and attest that the signatures set opposite the names listed above are their genuine signatures. CERTIFIED TO AND ATTESTED BY: X Secretary or Assistant Secretary CORPORATE X Sm NOTE: in case the Secretary or other certifying officer is designated by the foregoing resolutions as one of the signing officers,this certificate should also be signed by a second Officer or Director of the Corporation. DEPOSIT PRO,Rag.U.S.Pat.&T.M.OFF.,Var.9.04b Cc)1997 CFI Prosarvlcas,Inc. All Rights Reserved. CA-CIACFI\TIS11.716 I I, Mf1-PENINSULA B*K AUTHORIZATION FOR TELEPHONE WITHDRAWALS, DEPOSITS AND WIRE TRANSFERS WHEREAS,Undersigned has established one or more savings and deposit accounts with MID-PENINSULA BANK("Bank")and it is to the benefit of Undersigned to enter into an agreement with Bank so that Undersigned can,from time to time, make withdrawals and deposits from said accounts. NOW,THEREFORE,BE IT RESOLVED: That Bank pay funds from or to any of the accounts listed hereon upon authorization by any of the parties who are authorized to give written or telephonic requests for withdrawals. That if the Bank is advised by telephone that the person calling is one of the parties authorized to withdraw or transfer funds, the Bank may accept such representation as true without further inquiry,and Undersigned hereby releases Bank from any claims or causes of action which Undersigned may suffer or incur by reason of Bank's compliance with any telephonic request in connection with the listed accounts. Bank shall promptly acknowledge any telephonic withdrawals from one account and deposited into another listed account by mailing notice thereof to Undersigned. This agreement may be voluntarily terminated at any time by written notice to Bank from Undersigned,or to Undersigned from Bank. This agreement may be modified only in writing delivered to Bank or by Bank's written notice to Undersigned when Bank receives no negative response within 30 days. No voluntary termination shall affect any withdrawals,check or deposit properly paid and issued prior to such notice and the obligations of Undersigned. FUNDS MAY BE TRANSFERRED TO AND FROM: PARTIES AUTHORIZED TO SIGN ON ACCOUNTS& MAKE TRANSFERS: General Account 0108390201 L. Craig Britton Account Name Account Number Payroll 0110653801 or John M. Escobar Account Name Account Number PARTIES AUTHORIZED TO MAKE TRANSFERS ONLY. **or Malcolm Smith or Deirdre C. Dolan Date: Signature if not a corporation account If"Undersigned" refers to a corporation account,the following must be certified by the Secretary of the Corporation. I hereby certify that the foregoing is a full,we and correct copy of the resolution adopted by the Board of Directors of the at a meeting of said Board held on the day of 19 and that the signatures hereon are true and convect of those authorized to sign. SEAL) Signature of Corporate Secretary NOTE: If two or more signatures are required to withdraw funds,one person may request by telephone a withdrawal and a deposit into another listed account only if the same signatures appear on both accounts. 3/90 M PB-134 Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-162 Meeting 97-36 December 10, 1997 AGENDA ITEM 8 _ AGENDA ITEM Cancellation of December 24, 1997 Regular Meeting GENERAL MANAGER'S RECOMMENDATION Cancel your December 24, 1997 Regular Meeting. DISCUSSION Section 1.10 of your Rules and Procedures states that if a regularly scheduled meeting occurs on a holiday, that Regular Meeting shall be rescheduled or canceled. The second Regular Meeting in December falls on the Christmas Eve holiday, and I therefore recommend that you cancel the December 24, 1997 Regular Meeting. Also, there are no pressing agenda items that can't be continued until your meeting of January 14, 1998. Prepared by: D. Dolan, District Clerk Contact person: L. Craig Britton, General Manager Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Claims No. 87-22 Meeting 97-36 Date: December 1D. 1997 Revised K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3269 1,228.49 Acme & Sons Sanitation Sanitation Services 3370 126.69 ADT Security Systems Alarm Service 3271 154.41 AJAX Portable Services ReatromnoServices 3272 48.58 Allen Equipment Co. Inc.Equipment Repair Service 3273 109.93 Randy Anderson Reim burmmmment-[)uam & Vehicle Expense 3274 282.54 ArtenhLwmninating Laminating Supplies 3275 51.01 4TQxT Telephone Service 3276 19.16 Barron Park Supply Co. Plumbing Repair Supplies 3277 109.12 Beck's Shoes Uniform Supplies 3278 105.00 Bi||'e Towing fk Recovery Towing Services 3279 259.81 CadeenBruina Reimbursement-NA| Confe*mnoa 3300 1'131.25 JanaGuxton'Conmu|tont FEMA Grant Project File Assistant 3281 112.00 State of California Notary Commission Exam Fees 3282 394.49 California Water Service Water Service 3283 1,944.00 Co||mnder Associates Windy Hill Parking Lot Design Consultant 3284 368.93 Coraonitm International Corp. Trail Markers 3285 48.72 C & J Cartridges Ink Jet Cartridges--Office Supplies 3286 134.93 Cole Supply Co.' Inc. Janitorial Supplies 3287 133.48 Patrick Congdon Hminmbummmrnmnt--Electrical Supplies 3288 595.54 C.I. Enterprises, Inc. Light Repaip'0mte| Circle Building 3289 3'224.24 Deborah Mills--Design Concepts Graphic Designs 3290 80.37 Film To Frame Film Developing 3291 430'500.00 First American Title Insurance Company Thyaon Property Acquisition 3292 108.25 FixturePronto Acrylic Brochure Ho|der-Prototype 3293 348.38 Foster Brothers Security Systems, Inc. Lock and Key Service 3284 19.85 Franciscan Glass Company, Inc. Glass Replacement 3285 70.75 3 fk K Services Shop l[ovva| Service 3396 252.93 Gorden|and Power Equipment Equipment Parts and Repairs 3297 129.36 Goodyear Auto Service Canter Spare Tire Replacement 3298 429.00 GraonVVaoteRacoxary' Inc. Skyline DunmpatarService 3299 88.22 GTE YWohi|nmt Co||u|or Phone Service 3300 8472.73 Hoge Fenton Jones 8, Appel Inc. Legal Services 3301 118.11 Honda Peninsula ATV Tire and Installation 3302 237.33 Interstate Traffic Control Products Sign Posts 3303 48.77 JAECO Reflective Safety Tape 3304 3,378.44 Tamara Kan Resource Management Consultant 3305 137.62 John Kovva|eski Reimbursement--Supplies and Books 3306 46.44 Lab Safety Supply Gloves 3307 35.75 David Lockhart Pig Survey Consultant 3308 1'313.77 Los Altos Garbage Company DumnpmterSmrvice 3309 321.24 Lucent Technologies AT /& T Maintenance Service 3310 886.46 K8orvvinA. Mace Acquisition Consultant 3311 30.00 Msgana's Building Maintenance Additional Cleaning Services-0otn| Cinn|o 3312 27.17 Magnusson Buiok,Pontiac'(3K8C' Inc. Repair Part 3313 551.25 Julie McCullough--Consultant Planning Contract Development 3314 143.28 W1atroK8obi|mComnrnuniomtionm Radio Repair and Parts 3315 572.42 K8in1on's Lumnber8/ Supply Field Equipment and Supplies Page Claims No. 97-22 Meeting 97-36 Date: December 10, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3316 8.84 Mission Valley Ford Truck Sales, Inc.Vehicle Part 3317 100.89 Moffett Supply Company Restroorn Supplies 3318 529.07 Monogram Sanitation Restroom Chemicals 3319 723.11 Office Depot Office Supplies 3320 1,476.89 Office Helper Products Office Supplies 3321 374.86 Olive Springs Quarry, Inc. Oil 3322 266 Pacific Bell Telephone Services 415.48 3323 288.84 Pacific Coast Seed, Inc. Erosion Control Seed 3324 88.00 *1 City of Palo Alto Refrigerator Disposal 3325 410.11 Peninsula Blueprint, Inc. Printing and Duplication Services 3326 1,093.95 Pine Cone Lumber Co., Inc. Lumber 3327 4,000.35 PIP Printing Printing Services 3328 309.46 Pitney Bowes Credit Corporation Mail Equipment Lease 3329 225.70 Portola Valley Feed Dump Project Straw 3330 1,200.00 Town of Portola Valley Town Reta i ner--Planner Services 3331 343.17 Price Costco Office and Meeting Supplies 3332 6.00 Rancho Cobbler & Cleaners Uniform Repair 3333 27.27 Rancho Ace Hardware & Garden Shop Field Supplies 3334 34.13 Rayne Water Conditioning Water Service 3335 323.15 Rice Trucking-Soil Farm Purisima Creek Project Materials 3336 281.17 Rich's Tire Service Tires and Repairs 3337 182.48 Romic Environmental Technologies Corp. Hazardous Materials Services 3338 3,408.39 Roy's Repair Service Vehicle Repair and Maintenance 3339 530.00 Barbara Scherb Rufer Planning Consultant 3340 126.98 Safety-Kleen Solvent Tank Service 3341 546.96 San Jose Mercury News Job Advertisements 3342 42.22 San Mateo County Times Subscription Renewal 3343 25.00 Special Districts Association Membership 3344 50.00 County of Santa Clara Environmental Permit 3345 9,472.00 Scribner Graphic Press Printing--Winter Newsletter 3346 17.31 Sears Equipment Part 3347 217.22 Shell Oil Fuel 3348 102.41 John Shelton, Inc. Culvert 3349 1,085.72 Signs of the Times Signs 3350 12.96 Skyline County Water District Water Service 149.10 3351 Skywood Trading Post Diesel Fuel 91.64 3352 53.55 Cheryl Solomon Vehicle Expense 3353 18.34 Stevens Creek Quarry Baserock 3354 71.45 Summit Uniforms Uniforms 3355 50.23 Tap Plastics Field Supplies 3356 33.00 Taylor Rental Equipment Rental 3357 3,318.55 Terratech, Inc. Landslide Project Engineering Services 3358 49.50 Debra Thornley Resource Management Consulting 3359 5.41 Turf & Industrial Equipment Co. Motor Oil Page 2 Claims No. 97-22 Meeting 97-36 Date: December 10, 19 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3360 2,197.54 Turner & Mulcare Legal Services 3361 67.50 USGS Department of the Interior Maps 3362 815.29 *2 Visa Office, Meeting, & Uniform Supplies 3363 99.54 M. Douglas Vu Vehicle Expense 3364 666.00 West Coast Aggregates Baserock 3365 55.72 Wheel Works Tire Repair and Alignment 3366 300.00 Roberta Wolfe Recording Services 3367 6.17 Yardbird Equipment Sales Chainsaw Repair Parts 3368R 11,120.40 George Bianchi Construction Inc. Retention--Slyline Landslide and Jones Trail Repair Projects 3369R 60.75 Federal Express Express Mail Service 3370R 83.77 Kinko's Printing Services 3371 R 65.82 Second Cup Business Meeting Expense 3372R 217.67 Malcolm Smith Vehicle Expense 3373R 9,963.00 TKO Construction Retention--Canyon Trail, Purisima Road and School Road Repair Projects 3374R 447.24 Petty Cash Business Meeting Expense, Office, Fielc and Nature Center Supplies 1 Urgent Check Issued December 1, 1997. 2 Urgent Check Issued November 25, 1997. Total 506,849.03 Page 3 Claims No. 97-22 Meeting 97-36 Date: December 10, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3316 8.84 Mission Valley Ford Truck Sales, Inc.Vehicle Part 3317 100.89 Moffett Supply Company Restroorn Supplies 3318 529.07 Monogram Sanitation Restroom Chemicals 3319 723.11 Office Depot Office Supplies 3320 1,476.89 Office Helper Products Office Supplies 3321 374.86 Olive Springs Quarry, Inc. Oil 3322 266.04 Pacific Bell Telephone Services 3323 288.84 Pacific Coast Seed, Inc. Erosion Control Seed 3324 88.00 *1 City of Palo Alto Refrigerator Disposal 3325 410.11 Peninsula Blueprint, Inc. Printing and Duplication Services 3326 1,093.95 Pine Cone Lumber Co., Inc. Lumber 3327 4,000.35 PIP Printing Printing Services 3328 309.46 Pitney Bowes Credit Corporation Mail Equipment Lease 3329 225.70 Portola Valley Feed Dump Project Straw 3330 1,200.00 Town of Portola Valley Town Retainer--Planner Services 3331 343.17 Price Costco Office and Meeting Supplies 3332 6.00 Rancho Cobbler & Cleaners Uniform Repair 3333 27.27 Rancho Ace Hardware & Garden Shop Field Supplies 3334 34.13 Rayne Water Conditioning Water Service 3335 323.15 Rice Trucking-Soil Farm Purisima Creek Project Materials 3336 281.17 Rich's Tire Service Tires and Repairs 3337 182.48 Romic Environmental Technologies Corp. Hazardous Materials Services 3338 3,408.39 Roy's Repair Service Vehicle Repair and Maintenance 3339 530.00 Barbara Scherb Rufer Planning Consultant 3340 126.98 Safety-Kleen Solvent Tank Service 3341 546.96 San Jose Mercury News Job Advertisements 3342 42.22 San Mateo County Times Subscription Renewal 3343 25.00 Special Districts Association Membership 3344 50.00 County of Santa Clara Environmental Permit 3345 9,472.00 Scribner Graphic Press Printing--Winter Newsletter 3346 17.31 Sears Equipment Part 3347 217.22 Shell Oil Fuel 3348 102.41 John Shelton, Inc. Culvert 3349 1,085.72 Signs of the Times Signs 3350 72.05 Skyline County Water District Water Service 3351 65.39 Skywood Trading Post Diesel Fuel 3352 53.55 Cheryl Solomon Vehicle Expense 3353 18.34 Stevens Creek Quarry Baserock 3354 71.45 Summit Uniforms Uniforms 3355 50.23 Tap Plastics Field Supplies 3356 33.00 Taylor Rental Equipment Rental 3357 3,318.55 Terratech, Inc. Landslide Project Engineering Services 3358 49.50 Debra Thornley Resource Management Consulting 3359 5.41 Turf & Industrial Equipment Co. Motor Oil 3360 2,197.54 Turner & Mulcare Legal Services 3361 67.50 USGS Department of the Interior Maps 3362 815.29 *2 Visa Office, Meeting, & Uniform Supplies Page 2 Claims No. 97-22 Meeting 97-36 Date: December 10, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3269 1,228.49 Acme & Sons Sanitation Sanitation Services 3270 126.69 ADT Security Systems Alarm Service 3271 154.41 AJAX Portable Services Restroom Services 3272 48-59 Allen Equipment Co. Inc.Equipment Repair Service 3273 169.93 Randy Anderson Reimbursement--Dues & Vehicle Expense 3274 282.54 Artech Laminating Laminating Supplies 3275 51.61 A T & T Telephone Service 3276 19.16 Barron Park Supply Co. Plumbing Repair Supplies 3277 109.12 Beck's Shoes Uniform Supplies 3278 105.00 Bill's Towing & Recovery Towing Services 3279 259.81 Carleen Bruins Reim bu rsement--N A I Conference 3280 1,131.25 Jane Buxton-Consultant FEMA Grant Project File Assistant 3281 112.00 State of California Notary Commission Exam Fees 3282 294.49 California Water Service Water Service 3283 1,944.00 Callander Associates Windy Hill Parking Lot Design Consultant 3284 368.93 Carsonite International Corp. Trail Markers 3285 48.72 C & J Cartridges Ink Jet Cartridges--Office Supplies 3286 134.93 Cole Supply Co., Inc. Janitorial Supplies 3287 133.48 Patrick Congdon Reimbursement--Electrical Supplies 3288 595.54 C.I. Enterprises, Inc. Light Repair--Distel Circle Building 3289 3,224.24 Deborah Mills--Design Concepts Graphic Designs 3290 80.37 Film To Frame Film Developing 3291 420,500.00 First American Title Insurance Company Thysen Property Acquisition 3292 108.25 FixturePronto Acrylic Brochure Holder--Prototype 3293 346.28 Foster Brothers Security Systems, Inc. Lock and Key Service 3294 19.85 Franciscan Glass Company, Inc. Glass Replacement 3295 70.75 G & K Services Shop Towel Service 3296 252.93 Gardenland Power Equipment Equipment Parts and Repairs 3297 129.36 Goodyear Auto Service Center Spare Tire Replacement 3298 429.00 GreenWaste Recovery, Inc. Skyline Dumpster Service 3299 86.22 GTE Mobilnet Cellular Phone Service 3300 8472.73 Hoge Fenton Jones & Appel Inc. Legal Services 3301 118.11 Honda Peninsula ATV Tire and Installation 3302 227.33 Interstate Traffic Control Products Sign Posts 3303 46.77 JAECO Reflective Safety Tape 3304 3,378.44 Tamara Kan Resource Management Consultant 3305 137.62 John Kowaleski Reim bursement--Supplies and Books 3306 46.44 Lab Safety Supply Gloves 3307 35.75 David Lockhart Pig Survey Consultant 3308 1,213.77 Los Altos Garbage Company Dumpster Service 3309 321.24 Lucent Technologies A T & T Maintenance Service 3310 886.46 Merwin A. Mace Acquisition Consultant 3311 30.00 Magana's Building Maintenance Additional Cleaning Services--Distel Circle 3312 27.17 Magnussen Buick-Pontiac-G M C, Inc. Repair Part 3313 551.25 Julie McCullough--Consultant Planning Contract Development 3314 143.28 MetroMobileCommunications Radio Repair and Parts 3315 572.42 Minton's Lumber & Supply Field Equipment and Supplies Page 1 Claims No. 97-22 Meeting 97-36 Date: December 10, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3363 99.54 M. Douglas Vu Vehicle Expense 3364 666.00 West Coast Aggregates Baserock 3365 55.72 Wheel Works Tire Repair and Alignment 3366 300.00 Roberta Wolfe Recording Services 3367 6.17 Yardbird Equipment Sales Chainsaw Repair Parts 1 Urgent Check Issued December 1, 1997. 2 Urgent Check Issued November 25, 1997. Total 484,637.64 Page 3 e ianal Open , - ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: December 10, 1997 SUBJECT: FYI e-4 4 Yew,mI t4 UAU 54tt/ Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 + Phone: 650-691-1200 1972-1997 . FAX:650-691-0485 • E-mail: mrosd@openspace.org . Web site:www.openspace.org 6) Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton TRUST F O R PUBLIC LAND November 18, 1997 Conserving Land d DforPeopleREMs. Betsy CrowderBoardMember 2 aMidpeninsulaRegionaltl,[ R: r LA R riOI~JALOpenSpaceDistrictCEi7,fS RtCT 330 Distel Circle Los Altos, CA 94022-1404 Dear Betsy: Now that the dust has settled after the busy gathering on October 23, 1 wanted to thank you and your fellow board members for the handsome plaque presented to TPL on the occasion of our 25th Anniversary. I'm glad you were able to attend personally, and hope you had as fun an evening as I did. Your tribute means a lot to all of us, especially coming from a sister land-saving organization, and we are proud to be worthy of such fine recognition. Sincerely, Rosen President mjr:bjm The Trust for Public Land National Office 116 New Montgomery Fourth Floor San Francisco,CA 94105 415)495-4014 Fax(415)495-4103 December 4, 1997 The Honorable Mary C. Davey Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear friend Mary, Thank you for taking time to meet with me about the proposed expansion of the Midpeninsula Regional Open Space District to the San Mateo County Oast. As an unswerving supporter of protecting our beautiful Coastside, I'm confident that this proposal would help to ensure the protection of lands in perpetuity. Whenever I may be of assistance to you and the District, do let me know. Thank you for your leadership and all you do. Always,_ C 5 A-n--n-aG. Eshoo Member of Congress AGE:mr I BOARD OF DIRECTORS Mary Dainton-Ward 4 Pacific Grove, New Monterey, northern Pebble Beach Zad Leavy-Ward 5 Monterey peninsula regional park district Carmel, Carmel Valley, Big Sur, southern Pebble Beach POST OFFICE BOX 935•CARMEL VALLEY,CALIFORNIA•93924-0935 Judi Lehman-Ward 3 Monterey, Del Rey Oaks, southern Ft.Ord Ira J. Lively - Ward 2 Seaside, Sand City David Salazar-Ward 1 December 1, 1997 Marina,northern Ft.Ord DISTRICT MANAGER Gary A.Tate Ms. Mary Davey, President Midpeninsula Regional Open Space District Board of Directors 330 Distel Circle Los Altos, California 94903 Dear Ms. Davey: It gives me great pleasure to present the District with this Resolution from our Board of Directors. As you know, the District shared the wave of popular environmental support when our two agencies were voted into existence during that watershed election of November 4, 1972. Since then, our District's have worked independently, but in kind, on the protection of open space of regional and state-wide significance. Our efforts have realized immeasurable benefit to the quality and value of life in our regions and in the state as a whole. have been the District's General Manager for 25 years and have watched and experienced the growth and maturity of the Midpeninsula Regional Open Space District. We commend you and staff in your right-minded efforts to fulfill the intent and spirit of your mission to preserve and protect our remaining open spaces. And we salute you, on this your 25" anniversary, for a job well done and for the legacy you have left for many future generations to come. Respectfully, A,t Gary A. Tate General Manager Admin. Office (408) 659-4488 • Ranger Station (408) 659-6063 • Naturalist (408) 659-6062 • Fax (408) 659-5902 E-mail mtryregpks@aol.com Regional Open ice i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: December 5, 1997 SUBJECT: FYI r;a T44w or.;t4WV5 4! Celebrate 25 Years of open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Re_Jal Property Representative DATE: December 4, 1997 SUBJECT: Lee Property Addition to Long Ridge Open Space Preserve A gift of 2.1 acres in fee to the District was recorded on November 20, 1997. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of August 277, 1997. DEDICATION CHART INFORMATION Dedication Board Status Approval Closing Dedication Intended or escny 20 Do D& Withheld?) SAN LROSP Lee gn7/97 I V20197 2.1 Intended Gift Deed cc: Board of Directors Administrative Services Manager J. Escobar B. Congdon K. Hart D. Vu U-4-4 Usk oo.14 Celebrate 25 Years of open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open (yace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 4, 1997 Charles and Barbara Wilcox 170 Embler Road, #2 Alexander,NC 28701-9798 Dear Mr. & Mrs. Wilcox: On behalf of the Board of Directors of the.Midpeninsula Regional Open Space District, I would like to thank you for your generous donation to Save-the-Redwoods League. Your contribution is earmarked for the dedication of an approximately seven- acre grove of redwoods at the District's Purisima Creek Redwoods Open Space Preserve. Your generous gift goes a long way toward helping to preserve this beautiful natural heritage. We are so pleased to be able to provide the site for commemorative groves such as this. Again, thank you for your contribution to Save-the-Redwoods League. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors Mary A. Angle-Franzini, Save-the-Redwoods League r T.k a Wa..or••U d S.,ol,l Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail: mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton onald Miska Planning and Acquisition Manager Ronald Paolini Park and Open Space Superintendent Marin County November 18, 1997 Department of Parks, Craig Britton Open Space and Midpeninsula Regional Open Space District 330 Distel Circle Cultural Services Los Altos, CA 94022 Frances M. Brigmann Dear Craig, General Manager Dennis Jauch It is with pleasure that I send the enclosed Resolution from the Marin County Assistant Director Open Space District's Board of Directors on the occasion of your agency's 25` anniversary. Please share it with your Board, along with my best wishes for MROSD's continued success. Sincerely, Frances M. Brigmann General Manager Marin County Civic Center • 3501 Civic Center Drive • San Rafael, CA 94903 Administrative Office: 415.499-6387 • Fax: 415.499-3795 • TOO: 415.499-6368 • Field Office: 415.499-6405 E-MAIL: fbrigmann@marin.org • WEBSITE: http://marin.org/mc/parks/open.html Regional Open *ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 2, 1997 Palo Alto City Council P.O. Box 10250 Palo Alto, CA 94303 Re: Los Trancos Road 8 Lot Subdivision Honorable Council Members: I understand that you will soon be reviewing the final EIR and Tentative Map for the proposed 8 lot subdivision of the Arrillaga property on Los Trancos Road. The District previously commented on the general visual and open space impacts of the project in a letter dated July 23, 1997. The revised Tentative Map contained in the current application is an improvement over the original submittal with respect to visual impacts of concern to the District. Our remaining concerns and recommendations focus on providing effective controls on open space uses and a management plan for the major portions of the site that will remain in open space. They stem from our experience in managing large open space areas near the urban interface. The Tentative Map and conditions of approval indicate building envelopes within the larger residential parcels. The private parcels outside the building envelopes and the common open space area will be limited to open space uses. These limits will be established with the home buyers in the,CC&Rs. This method of restriction may not be sufficient to assure open space compatible uses. The open space areas should be overlayed with a comprehensive open space easement held by the City of Palo Alto and monitored at least annually. This is a critical issue for the environment of the future subdivision. The use of the private parcel area outside of the building envelope for keeping horses, planting of vineyards, artificial landscaping, or other non- building uses could have significant visual and environmental impacts if it is not carefully controlled. A biologially-oriented management plan for the open space areas could address potential compatible uses in more detail and provide guidelines for how they can be accommodated. A fuel modification plan will,be prepared that requires'30 foot brush and grass and underbrush clearance around all access roads, and 100 feet around all residences. We recognize the advisability of these measures from a fire protection standpoint, however, they will create a significant amount of denuded area and potentially increase erosion, decrease wildlife habitat, and promote the spread of invasive non-native plants. This is another area where a management plan designed to encourage a sustainable natural landscape could be effective. Particularly in grassland and chaparral, management to minimize fire danger, allow,continued grazing, and promote a health ecosystem can be technically challenging, but potentially compatible objectives. Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Palo Alto City Council December 2, 1997 Page 2 We recommend that you condition the applicants to retain a biological consultant to prepare a management plan for the open space, including the fuel modification zones. There are many local examples and resources for such a plan, including the plans for Portola Valley Ranch and the Blue Oaks subdivision in Portola Valley, vegetation management studies and plans prepared by our District for the nearby Russian Ridge Open Space Preserve, and grassland management studies recently prepared by Santa Clara County Parks Department. A qualified consultant could use these and other resources to prepare a clear and practical guide for the future management of these lands. This would be a great benefit to the future residents of the subdivision and to all nearby residents. We would be happy to respond to questions or comments on our suggestions. AL.e ly, raig Britton, General Manager cc: Board of Directors LCB:ra 18474 Grizzly Rock @ Los Gatos, Ca 95030 1 1-22-97 NOV 2 5 1997 Ellen C Weaver Sempervirens Fund MIDPENINSULA REGIONAL Drawer BE OPEN SPACE DISTRICT Los Altos, Ca 94023-4054 Dear Ms Weaver. Let me first state my app.-eciation for the Sempervirens Fund and its enormous contribution to open space in the Santa Cruz Mountains, and more specifically to the work and contributions of Tony Look. I am in receipt of a copy of your letter to Dave Keck (June 23, 1997) and the Resolution (April 17th, 1997) advocating the development of the Partridge Farm area of Castle Rock State Park. As you know,the Park is undergoing a General Plan. This is a special opportunity (and responsibility) to plan for future visitation, access, and usage by carefully considering the consequences on the natural resources we all want so much to protect. It is important, at this critical time, to leave politics out of the process and not pressure State Parks into revenue enhancing schemes that we'll all later regret. As Tony has said, we don't want to turn the Park into a"cash cow". It is inappropriate to advocate and lobby for a use until critical, thoughtful consideration is given to the realistic and probable consequences to the area, the local and regional ecology, the visitor experience, and to the local intrastrLoure(traffic, impact on emergency services, wildfire). Tony's vision for traditional park development is understandable, maybe even obvious, but dates back to the Park's inception, nearly a 3rd of a century ago, to a time when "ecology" was granted one small paragraph in my college biology text book, and this only to define the term; to a time when probably not one person in a thousand could offer a credible definition of "ecology". Please find enclosed copies of letters from Barry Boutton, of the Sierra Club, and Leda Beth Gray, of the Audubon Society, in which contemporary ecological concepts and ideas are discussed. Perhaps Sempervirens might direct its considerable political resources, in these times of relative prosperity and increasing ecological awareness, to persuade the Governor, Legislature, and State Parks to actively support the essential preservation and protection mission of the State Park System by reconsidering the unrealistic mandate that the Park System become self-supporting. As a past contributor to Sempervirens Fund I look forward to the time when the Fund will support more contemporary wildernet;s and open space values. As Tony has reminded us, most donors, (especially locals?)are willing to support preservation rather than the creation of recreational experiences for a state- wide clientele. Let us remember that the Park is Forever. Sincerely, Bruce Bettencourt cc Dave Keck, Planning Team, California Dept of Parks and Recreation Dave Vincent,Superintendent, California Dept of Parks and Recreation Jan Anderson, District Superintendent, Calfornia Dept of Parks and Recreation Dick Troy,Chief,'Southern Division,California Dept of Parks and Recreation Donald Murphy,Director, California Dept of Parks and Recreation Stu Landoc, Castle Rock State Park Advisory Committee Barry Boulton,Chair, Executive Committee, Loma Prieta Chapter, Sierra Club Leda Beth Gray, Member, Board of Directors, Santa Clara Valley Audubon Society Nobby Reidy, Director of Conservation Programs, California/Nevada Region,The Wlldernss Society Steve Singer,Santa Cruz Mountain Bio-Regional Council MIdpenisula Regional Open Space Districk; Susan Varian Hammond I George Varian South Skyline Association Las Cumbres Conservation Cooperative The Avocet The Newsletter of the Santa Clara Valley Audubon Society December 1997 MROSD Clarifies Guidelines for Field Trips to Local Preserves Dear Editor: The Midpeninsula Regional Open Space District welcomes organized hiking groups to its network of open space preserves,and we're happy that the Audubon Society has had the opportunity to enjoy these lands for birdwatching,as noted in the September issue of A common denizen of the Avocet. MROSD lands and other The article referencing the Audubon hike at Skyline Ridge OSP mentioned that the District ranger opened the entrance gate at 7:45 AM,even though the group met at 7:30.wooded regions of the South Although the preserves are open at sunrise,visitors are advised that the gates to the parking Bay, the Acorn Woodpecker lots are normally opened by 8:00. This is because of the logistics involved in opening of is readily identifiable with its all the Skyline area gates at the beginning of the daily ranger shift. When planning an 11 clowny"face and wacky outing,we ask that this be taken into account. In the article,the author seems to object vocalization- Drawing by to the ranger asking if the group had a Rita Colwell permit. Permits are required for groups of 20 or more and for pre-advertised activities.This is to ensure the protection of the natural re- source,to avoid having numerous large groups use the same trail or preserve on the same date, and to allow for adequate parking. Also, in the t J event of an early arrival time, provisions can be made for prompt opening of the gate. Although a blanket permit has been issued for your organiza- tion,this does not cover additional services,such as w the early opening of parking lots.e f Finally,I'd like to remind your readers that District rangers are well-trained in protecting the resources and providing for a safe, enjoyable visit. The ranger who opened the gates in this instance was carrying out the job I she had been instructed todo. If a visitor is ever unsatisfied with their visit or with the service from District staff, we would appreciate being contacted directly. We invite the public to contact us with any comments, questions, or re- quests for maps by calling(650)691-1200. Sincerely, t t L.Craig Britton 5 General Manager Editor'snote:Afterreceiving thisletter,we telephonedMr.Britton to discuss these issues. We apologized for any implication of dissatisfaction conveyed in the field trip report,and assured him that SCVAS will gladly comply with MROSD regulations regarding per- nuts,pre-planning offield trips,gate opening times,etc. He was very t understanding of birders'enthusiasm(and occasional impatience)in getting an early start on field trips, and reiterated his commitment to working with our organization and the public in general to make special arrangements for access whenever possible. We look forward to more outstanding birding trips to MROSD lands in the coming years, and are very grateful to Mr. Britton and his stafffor the great care and dedication they demonstrate as stewards of our beautiful open spaces. INTER-OFFICE MEMORANDUM November 24, 1997 TO: Craig Britton, General Manger FROM: Gordon Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month October Year 1997 I VIOLATIONS TOTALS CITES CRIMES TOTALS CITES Bicycles False Information 2 2 Closed area 2 1 Resisting officer 1 0 Speed 10 2 Soliciting 1 0 Helmet 14 8 Poss. marijuana 1 1 After hours 5 4 Intimidation 1 0 Unsafe operation 4 2 Verbal harrassment 1 0 Dogs Covered license plate 1 0 Prohibited area 6 5 Off-leash 12 6 ACCIDENTS/INCIDENTS Closed area 0 0 Bicycle 3 Off-road vehicles 0 0 Equestrian 0 After hours 10 2 Hiking/running 3 Fishing 0 0 Other first-aid 0 Swimming 0 0 Search/rescue 0 Vandalism 0 0 Air evacuation 2 Parking 8 3 Parking after hours 30 4 ENFORCEMENT Dumping/littering 0 0 Citations 41 Campfires 0 0 Written warnings 63 Camping 1 0 Arrests 0 Weapons Police assistance 1 Actual contact 1 1 Report only 0 0 MUTUAL AID Evidence of 0 0 Accidents 1 Unauthorized 1 st-aid kit 1 0 Law Enforcement 2 Urinating in public 1 0 Fire 1 Landing Zone 1 SUMMARIES OF SIGNIFICANT INCIDENTS Oct. 4: A visitor telephoned and reported to T. Lausten that she was intimidated by a male in Rancho San Antonio. A report was completed and a copy forwarded to Santa Clara County Parks. Oct. 8: Three people were observed standing together passing a small pipe between them at Rancho San Antonio. K. Carlson stopped the group, who appeared to be under the influence of marijuana. One individual produced the pipe and a bag of marijuana. The person was cited for marijuana possession. i Oct. 9: Two people were observed riding bicycles in a prohibited area, without helmets, and in an unsafe manner at Rancho San Antonio. T. Karnofel attempted to stop them and they fled. One individual was later stopped and cited for all three violations. Oct. 15: At Skyline Ridge a transient verbally harassed a docent-led childrens' hike near Alpine Pond. District rangers and San Mateo sheriffs deputies contacted the person, who continued to use epithets directed at the rangers and deputies. He was told to leave the area. M. Ken, B. Malone. Oct. 24: At Monte Bello a mountain bicyclist gave false identification when being issued a citation for no helmet. He was then issued a citation for 'providing false information to a peace officer,' a misdemeanor. He refused to sign the citation until Palo Alto police were requested and he was told by rangers he would be arrested and booked. D. Danielson, B. Malone, M. Ken. Oct. 24: A small wildland fire occurred at St. Joseph's Hill. A powerline arced, resulting in a 30'x4' wide area being burned. T. Lausten, M. Newburn, P. Hearin, Santa Clara County Fire, and Santa Clara County Parks responded. Oct. 25: At El Corte de Madera a mountain bicyclist passed a ranger who was also on a bicycle. The bicyclist was ordered to stop because he was exceeding the speed limit. He fled from the ranger and escaped. B. Malone. Oct. 25: At El Corte de Madera an unauthorized first-aid kit was left taped to a tree at the bottom of an extremely steep, rocky, and eroded section of trail known as 'Devil's Staircase." The kit contained bandaging materials and pain medication that was not in the manufacturer's container. The kit was labeled 'Biff Kit' and 'F.O.R.E.S.T.." D. Danielson. Oct. 27: At El Corte de Madera a motorcyclist was stopped at a trailhead. His license plate was covered with duct tape. The operator said he covered it because he did not want to be identified when he rode illegally. The operator had been cited previously at El Corte de Madera for riding his motorcycle. D. Danielson. Oct. 27: At St. Joseph's Hill a bicyclist lost control of his bicycle, resulting in loss of consciousness, a separated left shoulder, fractured clavicle, tarn ligaments, and abrasions. The bicyclist was transported by air to Valley Medical Center. T. Randall, county rangers, Los Gatos town ranger, County Fire, and Life Flight responded. Oct. 29: M. Newburn stopped a bicyclist in Sierra Azul to advise that he needed a helmet. The cyclist was issued a warning. The cyclist was contacted later that day because he had earlier providedfalseinformation. He was cited for the false information. Yearly Calendar October 1, 1997 Untitled Janus 19,97-- Fobup 1,191 March 1997 S M , w I F 9 S S S M T W T F 1 2 3 4 1 5 6 7 8 91011 2 3 4 5 6 7 8 2 3 4 5 6 7 8 12 13 14 15 16 1 7 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 I 1 9 20 21 11 22 23 N 26 16'17 18 10 20 21 16 il 18 19 b 2i 22 26 27 28 29 30 31- 23 2.4 1 25. 1 26 V 28 23 N 25 26 27 28 20 80 31 R 11997 MI 1WrL W I F S S M T W T F S S M T W T F 9 1 2 3 4 5 1 2 3 1 2 3 4 6 6- 7 8 § ib 11 i2 '4 6 6 7 8 6 ib 8 9 16 11 12 13 44 13 14 15 16 17 18 19 11 12 13 14 15 16 17 i5 16 17 18 19 20 21 O 21 22 23 24 25 26 18 19 20 21 22 23 24 22 28 24 25 26 27 28 21 28 N O 5 26 21 28 9 30 31 29 30 I IG997 AyIIOTW, 12 7SM4SMTSTIF5 1 2 3 4--T 2 1 2 3 4 5 6 6' 7 8 0 16 11-12 -8 4 5 6 7 8 9 7 8 0 10 11 12 i 3 13 i 4 16 16 17 18 A 10 11 12 18 14 15 16 14 16 16 17 18 10 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 November 1997 December 1997 VVSMTwIFSSMI —r—F—S S M T W T F S W T-7-T 1 —1 2 3 4 5 6 5 6 7 8 9 10 11 -2 3 4 5 6 7 _8 7 8 9 110 11 12 1 3 12 i8 14 15 16 17 18 9 10 il 1 13 14 i5 f4 15 16 17 18 19 20 10 20 21 2 2 24 25 16 17 18 19 20 2i 22 21 22 23 24 25 26 7 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 0 1997 Lotus Deve4oprr t Corp. 10/1197 at 2:27 PM Page 1 COMMUTE &TRANSPORTATION PROGRAMS Stanford University Transportation Programs Award Winner,Transportation Programs Stanford University.Transportation Program's 14-member department oversees the parking and commute systems and services for Stanford's 15,000 students and 10,000 faculty and staff.The department helps students,faculty,and staff get to campus with a free ride-matching service,an extensive bicycle program,transit timetables and maps,and the sale of transit passes,all part of a comprehensive program to reduce automobile use and harmful exhaust emission. The transportation program sells parking permits to those who do drive,but also rewards those who don't with cash,and offers a Guaranteed Ride Home to alternative commuters if they get stranded.The University's free Marguerite shuttle system serves the entire campus,both Palo Alto and Menlo Park Caltrain stations,and outlying shopping areas—a comprehensive program for the entire University community. For more information,contact Leslie Quintero 650/723-9362. . EDUCATIONAL OUTREACH s' Midpeninsula Regional Open Space District Award Winner,Spaces and Species Over 42,000 acres in 23 open space preserves fall under the protection of Midpeninsula Regional Open Space,a district encompassing southern San Mateo and northwestern Santa Clara Counties.But the pride of the District,Spaces and Species:Exploring Natural Communities,is a hands-on environmental education program sponsored by the district.Spaces and Species provides children with opportunities to develop knowledge,values,and motivation to become active caretakers of their environment.Since the program's initiation in 19%,about 1,500 elementary school children have experienced the Habitat Hike,Pond Prowl, j and Aquatic Lab on a discovery-filled field trip. The program owes its success largely to the dedication of community volunteers who lead the field trips.These volunteers help instill strong environmental values in children and increase public awareness of environmental issues that concern everyone. For more information,contact Carleen Bruins 650/691-1200. 5 Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: November 17, 1997 TO: All Staff FROM: Craig SUBJECT: 25th Anniversary Banquet For those of you that weren't able to attend, I wanted to let you know that the 25th Anniversary banquet on November 7 was a great success. About 150 people were there, meeting up with old friends and new,having a delicious dinner, and enjoying our speakers. The District received resolutions of commendation in honor of our 25th Anniversary from the California State Legislature, the San Mateo County Board of Supervisors, the Santa Clara County Board of Supervisors, and the United States House of Representatives. Everyone had many kind words to say about the success of the District, and about the hard work that we all do on behalf of open space preservation in the Bay Area. In addition to the keynote speaker, State Senator Byron Sher, the evening's highlight was a monologue by Lee Stetson,presenting the Spirit of John Muir. At the banquet each guest received a 25th Anniversary commemorative wine glass and pin. I would like to present one of each of these to all employees of the District, as a small token of the Board's appreciation for your dedicated efforts to manage and preserve open space. During my speech at the banquet, I made a point of introducing each employee (and each former employee) in attendance, and acknowledging their contributions to the District. If you weren't there, let me take this opportunity to express my personal thanks for the great work that you do. You should be proud of the District's accomplishments, which are due in large part to your everyday efforts. S s Take a"00 14 UJd sa! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972.1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton 1 y MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 14, 1997 Honorable Tom Campbell Member, United States House of Representatives 910 Campisi Way Campbell, CA 95008 Subject:,Calendar Request Dear Tom: I would like to request some time out of your busy schedule for a brief meeting with representatives of the Midpeninsula Regional Open Space District to bring you up-to-date on issues of mutual importance. One issue is the District's interest in the rehabilitation of the abandoned Air Force station at Mt. Umunhum, now part of the Sierra Azul Open Space Preserve. As you may know, the District acquired this property, and all of its affiliated facilities and structures, in 1986. Our purchase of the site was with the intent to eventually provide a trail network and public access. Since then,we have been working with the U.S. Army Corps of Engineers to expedite cleanup of toxic materials on the site, preparatory to eventual demolition of the buildings and restoration of the site. While some of the clean-up work has taken place, the District and the Corps diverge on a number of issues related to additional work. We'd like to keep you apprised of that situation, and ask for your advice and direction. i Also, the District is researching methods of preserving the San Mateo County coastal areas, from Skyline Boulevard to the Pacific. One potential method is an expansion of the District boundaries in order to annex the coast into District jurisdiction (see attached map). It is important to keep you apprised, as a United States Congressman with jurisdiction overlapping portions of the District(albeit not the San Mateo County coast), of a proposal that could significantly change the makeup of the District. I hope you agree that these are issues of importance, and that you are able to find some time for us to provide you with a full description of the District's position. If so, please ask your scheduling secretary to contact Susan Shipley of our District office at(650) 691-1200 to arrange a suitable meeting time at your office. Thank you for your consideration. Sincerely, t Mary YC. Dav President Board of Directors MCD/mcs cc: MROSD Board of Directors 1 v Celebrate 25 Years of open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton i Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 17, 1997 Honorable John Vasconcellos Member, California State Senate- Room 4061, State Capitol P.O. Box 942848 Sacramento, CA 94248-0001 Subject: Calendar Request Dear John: The Midpeninsula Regional Open Space District is researching methods of preserving the San Mateo County coastal areas, from Skyline Boulevard to the Pacific. One potential method is an expansion of the District boundaries in order to annex the coast into District jurisdiction(see attached map). I feel it is important to keep you apprised, as a State Senator with jurisdiction overlapping portions of the District (albeit not the San Mateo County coast),'of a proposal that could significantly change the makeup of the District. I would like to request some time out of your busy schedule for a brief meeting with representatives of the District to explain our objectives and strategies, and possible outcomes. I hope you agree that this is an issue of importance, and you are able to find some time for us to provide you with a full explanation. If so, please ask your•scheduling secretary to contact Susan Shipley of our District office at (650) 691-1200 to arrange a suitable meeting time at your local or Sacramento office. Thank you for your consideration. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors Tx4 4 UW 544! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton Regional Open*ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 17, 1997 Ms. Heather Perlitch President, Board of Directors Environmental Volunteers 3921 East Bayshore Road Palo Alto, CA 94303 Dear Heather: Now that the dust has fully settled, I'd like to thank you and the entire Environmental Volunteers staff for your outstanding work and partnership with the District on the October 12 event. The professionalism, enthusiasm, and energy of the EV staff and volunteers was remarkable, and contributed greatly to the success of the event. Our staff counted approximately 900 visitors to Skyline,Ridge Open Space Preserve that day, clearly reaching our objective of between 800 and 1,000 participants. Beyond that, the learning stations provided by the EVs were exemplary. I heard many comments about how fun and interesting they were - what a great draw for this event! Congratulations on the EVs' 25th Anniversary, and thank you again forjoining us to make "Take a Walk on the Wild Side" such a great success! Please extend our thanks to all the EV staff involved, as well as to the wonderful volunteers that so ably worked on the day of the event. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors T aUow U S.I Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972.1997. FAX:650-691-0485 • E-mail:ntrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton SACRAMENTO OFFICE r SENATE COMMITTEES STATE CAPITOL Q atifarnia5RCRAMENTO.CALIFORNIAIA 95814 RULES.CHAIR 916,445-6671 JUDICIARY DISTRICT OFFICES BILL LOCKYER22634SECONDSTREET.SUITE 104 HAVWAR510 5828800 g45 A1 PRESIDENT PRO TEMPORE TENTH SENATORIAL DISTRICT FROM FREMONT.NEWARK AND UNION CITY COUNTIES OF ALAMEDA AND SANTA CLARA t510t790-3605 FROM SANTA CLARA COUNTY 408 286 0329 a tom, :fit 4ti t . November 14, 1997 Mr. L. Craig Britton General Manager Regional Open Space 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Britton: Thank you for your letter supporting the creation of the Natural Resources Infrastructure Fund. As you may know, the Legislature passed SB 271 by Senator Mike Thompson, which creates the Resources Trust Fund and requires the State Controller to transfer into the fund $30.3 million in 1997-98 tidelands oil revenues. In subsequent years, the balance of tidelands oil revenues collected by the State Lands Commission (SLC) will be transferred into the fund after specified payments have been made to cities and counties and the SLC. This bill also created the National Resources Infrastructure Fund (NRIF) as an account within the Resources Trust Fund and transferred $27.3 million from the trust fund to NRIF for the 1997-98 fiscal year for specified resource programs. In future years, after certain specified transfers, the Controller will transfer all remaining revenues from the trust fund to the NRIF for appropriation by the Legislature for resources programs. I am pleased that even in a year with a difficult budget we were able to establish a funding commitment to support critical resources programs. Printed on Recycled Paper a3 Page— 2 Again, thank you for writing and please feel free to contact me again if I can be of assistance. cerely, 1;4 BILL LOCKYE4R President pro Tempop -e BL:tg