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1986-036-Approving Joint Powers Agreement Between The Midpeninsula Regional Open Space District And The Town Relating To The Eliertsen PropertyRESOLUTION NO. 1986 -36 RESOLUTION OF THE TOWN OF LOS GATOS APPROVING JOINT POWERS AGREEMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND THE TOWN:'RELATING TO THE ELIERTSEN PROPERTY WHEREAS, the Town Council is desirous of entering into a Joint Powers Agreement with the Midpeninsula Regional Open Space District ( "District ") relating to the acquisition of the Eilertsen Property addition to the Sierra Azul Open Space Presence ( "Eilertsen property "); WHEREAS, pursuant to said agreement the District will obtain fee title to the Eilertsen property and grant to the Town a Park, Recreation, Scenic and Open Space Easement so that the property shall remain forever as a park, recreational, ecological and asthetic resource of the Town; WHEREAS, pursuant to Government Code Section 65402 the Planning Commission found that the acquisition of the Eilertsen property by the District is consistent with the Town General Plan and the Town Hillside Specific Plan; NOW, THEREFORE, BE IT RESOLVED, that the Town of Los Gatos does hereby approve that agreement entitled "Joint Powers Agreement" a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. BE IT FURTHER RESOLVED, that the Mayor is authorized and hereby directed to execute said agreement on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on this 17th day of March, 1986, by the following vote: AYES: COUNCILMEMBERS: Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Joanne BenJamin SIGNED: ATTEST: CL RK OF THE OWN OS G 0 RESOLUTION N0. 86 -22 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT FOR PURCHASE OF REAL PROP- ERTY, AUTHORIZING OFFICER TO EXECUTE PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - EILERTSEN PROPERTY) 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 approve and authorize execution of the "Joint Po•,vers Agreement" for the purchase of real property by the Midpeninsula Regional Open Space District and the Town of Los Gatos, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute said Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute the Park, Recrea- tion, Scenic and Open Space Easement in favor of the Town of Los Gatos as provided in said Joint Powers Agreement. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Town. The General Manager further is authorized to execute any and all other dccuments necessary or appropriate to the closing of the transaction. * * * * * * * * * * * * * * * RESOLUTION NO. 86 -22 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula . Regional Open Space District on March 26 1986 at a regular meeting thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Teena Henshaw, Harry Turner, Nonette Hanko, and Richard Bishop. NOES: None ABSTAIN: None ABSENT: Edward Shelley ATTEST: Secretary, Board ot4 Directors APPROVED•: President, Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. _ l District Clerk JOINT POWERS AGREEMENT =his G EEMENT made this dal of j'u-4-rc-6 1986 by the Town of Los Gatos, a Municipal Corporation, here- 4_==t =_ referred to as "TOWN ", and the Midpeninsula Regional Open Space D'+Strict, a Public District hereinafter referred to as DrS14 --_7" W I T N E S S E T H RECI ^ =;LS: A. TOWN and DISTRICT are "public agencies" within the meaning Of Government Code Section 6502, and desire to enter into a Joint Exercise of Powers Agreement pursuant to the provisions of Califor- nia Government Code Section 6500 et seq., for the reasons and upon the basis hereinafter set forth. B. DISTRICT has obtained an option for the purchase of cer- tain real property located within the TOWN limits of the County of Santa Clara, State of California; said property, hereinafter called "Eilertsen Property Addition to the Sierra Azul Open Space Preserve" or "Property" consisting of 125 acres, more or less, and being more particularly described in the Option and Purchase Agreement or "Purchase Agreement" attached hereto as Exhibit "A" and incorporated herein by this reference. C. The acquisition of said Property is of mutual benefit to the parties hereto and to the public in that said acquisition as implemented by this AGREEMENT will serve to protect valuable public open space and recreation lands in perpetuity. D. The purpose of this AGREEMENT is to provide for funding to purchase said Property for open space and recreation purposes by DISTRICT and TOWN, to provide for acquisition and staff services, to establish the final vesting of title to the Property, and to designate the responsibility for the management and maintenance of the Property for recreation and open space use. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. PROPERTY. DISTRICT and TOWN agree to participate jointly in the purchase of the Eilertsen Property Addition to the Sierra Azul Open Space Preserve, being more particularly described in said Exhibit "A" as attached hereto. Joint P ^Hers Agreement Page Two 2. ACQUISITION. it is agreed by the parties hereto that DIST =;I,_T shall be responsible for all acquisition activities. At a. 7 ti_,.es during the acquisition process, the employees of DISTRICT and TOWN and their expertise will be available for the acquis -t_on project. Staff time and overhead costs of both DIS- =P._C- _ :.f TOWN shall be provided at no cost to the other party or the p= ect. Any and all costs of acquisition, including but not iimite =Jto: the total purchase price for said Property of Two Hun- dred and No /100 Dollars ($225,000.00) as stipulated in said Ootion and Purchase Agreement and legal fees, appraisal and engineering costs, title and excrow fees, and other out -of- pocket expenses estimated to total Five Thousand and No /100 Dollars ($5,000.00) shall be shared equally (50% - 50 %) by the parties hereto, as further provided in Paragraph 3 hereinbelow. 3. LIMIT OF TOWN PARTICIPATION. It is agreed by and between the parties hereto that TO'AW S share of the land acquisition cost and out -of- pocket expenses (Paragraph 2) shall be the sum of One Hundred Fifteen Thousand and No /100 Dollars ($115,000.00), to be paid directly to DISTRICT by TOWN on or before April 30, 1986 at DISTRICT'S office headquarters, and further, upon the receipt of such payment by DISTRICT, TOWN shall have no further obligation on this account to DISTRICT. DISTRICT shall provide all remaining funds necessary to acquire and manage said Property. 4. INSTALLMENT SALE. DISTRICT and TOWN understand that Section 2 of the Purchase Agreement provides for an installment sale, with DISTRICT assuming the full responsibility for all installment pay- ments to be made over a period of approximately five years. For the purpose of paying the principal installments of and interest on the Note, until the principal installments of and the interest on the Note are paid or until there is a sum in the treasury of the DISTRICT set apart for that purpose sufficient to meet all payments of the principal installments of and the interest on the Note as it becomes due, the DISTRICT shall annually set aside a portion of the limited ad valorem taxes levied upon all taxable property within the DISTRICT by the Board of Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County, and allocated to the DISTRICT under applicable law (or other available funds of the DISTRICT), sufficient to pay such interest and principal that will become due before the proceeds of a tax levied at the next general tax levy will be available. Such taxes (or other available funds of the DISTRICT) shall be deposited by the Controller of the DISTRICT in a special account maintained by him. The money in the Note Account shall be used solely for the payment of principal of and interest on the Note. Joint Powers Agreener_t Page Three All -Toney in the Note Account shall, pending its disbursement, be d- os_ted or invested as permitted by law so as to obtain the I ;field that the Controller of the DISTRICT deems practicable, :a =r_= ue regard for the safety of such deposits and investments; zrovid--_' that all such deucsits and investments shall be withdraw- --_ _r stall mature, as the case may be, to coincide as nearly as pra== _cable with the time when such money is required for disburse- --t '­__--_under, and any proceeds thereof shall be deposited in the Ncte Account. When all principal of and interest on the Note has been paid, any balance of money then remaining in the Note Account shall be used for any lawful District purpose. 5 CLOSE OF ESCROW AND COSTS. It is agreed by the parties hereto that escrow shall close in accordance with the Purchase Agreement (Exhibit " - 2,_ ") through an account with First American Title Guaranty Company, 32South San Antonio Road, Los Altos, California, escrow N­,Lmber 551159. It is further agreed that all escrow fees and title insurance costs, if required as a part of this transaction, shall be shared equally by DISTRICT and TOWN as provided in Paragraph 2 herein. 6. TITLE. Fee title to said property shall vest in DISTRICT, subject to existing easements, encumbrances and other clouds on the title to the property as provided in said Purchase Agreement. Con- currently with close of escrow, as abovementioned, DISTRICT shall convey or cause to be conveyed to TOWN a recorded Park, Recreation, Scenic and Open Space Easement (hereinafter "Easement ") upon, over and across said property in the form as shown in Exhibit "B" as attached hereto and incorporated herein by this reference. DISTRICT shall furnish TOWN with a duplicate copy of any policy of title insurance and escrow closing statement. 7. DEDICATION. Upon acquisition of the property by the parties, it shall be deemed to be dedicated as public park land and its use may be discontinued or abandoned or the property disposed of only pursuant to the procedures provided in Article 2, Chapter 9, Part 2, Division 3, Title 4 (commencing at Sec. 38440) of the Government Code; and further the DISTRICT shall officially dedicate its interests or rights in said property pursuant to Sec. 5540 of the Public Resources Code of the State of California. 8. HOLD HARMLESS. It is agree harmless and indemnify DISTRICT, its from any and all claims for injuries which arise out of the provisions of from negligent acts and /or omissions and /or employees. 3 that TOWN shall defend, hold officers, agents and /or employees to persons or damage to property this AGREEMENT and which result of TOWN and its officers, agents Joint Powers Agreement Page Four It is further agreed that DISTRICT shall defend, hold harmless and ind _.i-_ TOWN, its officers, agents, and /or employees from any and all- claims for injuries to persons or damage to property which arise out of the provisions of this AGREEMENT and which result from negli- aent _c=s and /or omissions of DISTRICT and its officers, agents ployees. In t. event of tae concurrent negligence of TOWN, its officers, agents and /or employees and of DISTRICT, its officers, agents, and /or employees then the liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" as presently in effect or as may hereafter be modified. 9. OPEN SPACE USE - DEFINED. The parties hereto agree that the Property is being acquired as public open space and any and all public facilities which might be developed or enhanced on said Property, which would be considered by the parties hereto to be open space or low intensity recreation use, include by way of illustra- tion, but not limitation: a) Pedestrian hiking trails b) Equestrian riding trails c) Mountain bicycle trails d) Casual public picnicking e) Portable sanitary facilities f) Nature study and environmental education g) Photography h) Public drinking water facilities i) Kite flying j) Scenery painting k) Wildlife observation 1) Compatible agricultural uses m) Meditating n) Unpaved public parking areas o) Primitive campsites (back pack camping) p) Other uses which the DISTRICT may from time -to -time determine to be low intensity recreational uses 10. SALE OF SURPLUS. It is understood and agreed that in the event any or all of said property is declared free of its dedicated use (see Paragraph 7) and sold by DISTRICT, with the mutual consent of TOWN, as will be provided for in the Easement described in Paragraph 6 hereinabove, the proceeds of any such sale shall be equally shared by DISTRICT and TOWN. Joint Powers Agreement Page Five '__. AMENDMENTS. This AGREEMENT may be amended in writing at any 'y mutual consent of the parties hereto. _ 3INDING ON SUCCESSORS, The provisions hereof shall inure to t ^.efit of and t,ind the successors and assigns of the parties or . TOWN OF LOS GATOS By: Mayo --, Town -f-Los Gat ATTEST: Town'Clerk- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: President, Board of Directors ATTEST: Dist,tict Clerk EXHIBIT "A" TO JOINT POWERS AGREEMENT OPTION =ND PURCHASE AGREEMENT -� _ _ —`=ENT is made and entered into by and between ERNEST B. - - - -_-�- a nd AL ICE r_a_ -_ — ^?^ S�_v, husband and wife, hereinafter Cade. "SELLER" and the ,? DPEyISSULA REGIONAL OPEN SPACE DISTRICT nere_Iasfter called "DISTRICT." 1. PURICHASED PROPERTY SILLIER acre -e, .o sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER'S real property located within the Town of Los Gatos, County of Santa Clara, State of California, containing approximately one hundred twenty -five acres (125), and commonly referred to as Santa Clara County Assessor's Parcel No. 537- 08 -02, and being more particularly described in Preliminary Title Report No. 551159, dated A_ it 25, 1985, from First American Title Guaranty Company, said report designated Exhibit "A ", as attached hereto and by this reference incorporated herein and made a part hereof. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improve- ments attached or affixed thereto. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price shall be Two Hundred Twenty -Five Thousand and No /100 Dollars ($225,000.00) payable in the following manner: a DISTRICT shall pay the sum of Seventy Thousand and No /100 Dollars ($70,000.00) in cash (less any credit to DISTRICT for the option payment of $5,000 as provided in Para- graph 7 herein) upon close of escrow as hereinafter provided. b The remaining balance of said purchase price of One Hundred Fifty -Five Thousand and No /100 Dollars ($155,000.00) shall be evidenced by a promissory note which shall be paid in monthly installments of Three Thousand and No /100 Dollars ($3,000.00), or more, at the rate of seven percent (70) tax -free interest per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full (approximately five years, two months). Said note shall be secured by a first Deed of Trust against the subject property. EXHIBIT "A" TO JOINT P0WERS AGR=11ED T Option and Purchase Agreement Eilertse_: Page Two 3. T-1--LE AND POSSESSI Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and ..lear of all liens, encumbrances, judgments, easements taxes, assessments, covenants, restric -lions, rights, and conditions of record ex--eat: a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Typewritten Exception Number 3 listed in said Preliminary Title Report (Exhibit "A "). 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this transaction. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. CO14ISSIONS DISTRICT shall not be responsible for any real estate sales co=nission or other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, danage or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et seg. of the California Government Code). 7. OPTION, ACCEPTANCE AND TERM OF ESCROW DISTRICT shall have until March 1, 1986 to accept and execute this Option and Purchase Agreement, and during the period following execution hereof by SELLERS, until March 1, 1986, this Agreement shall constitute an irrevocable offer- (Option) Option and Purchase Agreement Eilertsen EXHIBIT "A" TO JOINT POWERS AGREEMENT Page Three y SELLER to enter into a contract with DISTRICT on the terms and conditions set forth '- -rein; in consideration of which STRICT has paid an option payment and SELLER acknowledges _eceipt of an option payment in the amount of Five Thousand N01100 Dollars ($5,000.00). In the event this offer is accepted by DISTRICT and this contract fulfilled, the total cf the option payment of Five Thousand and No /100 Dollars ;$5,000.00) shall be aoplied against the purchase price as stipulated in Clause 2-a. hereinabove. Time being of the essence and provided that this Option and Purchase Agreement is accepted and executed by DISTRICT, as above provided, this transaction shall close as soon as Practicable thereafter, but not more than thirty (30) days following the acceptance and execution by DISTRICT through an escrow (No. 551159) to be conducted by First American Title Guaranty Company, 329 South San Antonio Road, #8, Los Altos, CA 94022, or other such escrow holder as may be designated by the DISTRICT. 8. =10RANDUM OF OPTION The parties shall execute a Memorandum of Option in the form attached hereto as Exhibit "B ", which shall be recorded in the Official Records of the Recorder's Office of Santa Clara County, California. 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or successors in interest of the parties hereto. Option and Purchase Agreement Eilertsen 2-:IDP_NI`:S LA REGIONAL OPEN SPACE DISTRIC ^_ SELLER APPROVE ?S TO FORM; EXHIBIT "A" TO JOINT POWERS AGREEMENT Page Four Ernest B. Eilertsen Stanley Norton, District Counsel Date: ACCEPTED FOR RECOM- "ENDATION: Alice Ann Eilertsen L. Craig 3ritton, SR /F7A Date: Land Acquisition Manager APPROVED AND ACCEPTED: President, Board o£ Directors ATTEST: District Clerk Date: 4 nsiER�� P Fir A. merican Title C arantj E❑CUPERTINO ®LOS ALTOS 2023 SJ O'^•9ASCC E 10370 SOU7k CZA %ZA BLVD CAVPBi LL.C__ =saa 329 SO SAN ANTONIO RD .8 CO- ERT.•.O. CA 95014 LOS ALTOS, CA 9+022 Su D;ect 10 a - :.mmu�. 1400, 252 -7or 1151 9e1 .3220 charge required by Sec' e 12404 of the in Sura7Zp COde BLOSSO'A niLL s44 FOSE SAN JOSE ❑ SA.YTA CLARA . 4s aLYSOV w: -L RO 575 NORTH FIRST ST 275 SAATOCA AVE. 0106 a- -. 'SE CA 35123 SAN J05E. CA 95112 SANTA CLAt A. CA 95050 �4.:e•2275tn 140612366353 (408) 269 -9611 Mid Penfns'� -a 375 iste_ Cc Los Al::os, ':A Attenti o,,: Sal TITLE OFFICER #D1 Escrow Officer 94022 Your Ko: 1dy Voorhees Our Order No.: Proprrty Address: Form of Poliq Cosera_: Requested: EXHIBIT "A" TO JOINT POWERS AGREE'4ENT ❑ PALO ALTO 550 „A'.9LTON AvE PALO ALTO CA 943r, (415) 326 ,0 Mary Wilson Margaret Riegert None shown 551159 No address available In response to the above referenced apolication for a policy of title insurance. this Compan} hereby reports that it is prepared to issue. or cause to be issued. as o the date hereof, a Polk% of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter se! forth. insuring against loss which ma} 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 form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forTns should be read. They are available from the office which issued this report. This report (and any s_pp'.ements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insur- ance and no liability i; assumed hereby. If it is desired that liability be assumed prior to the issuance of apolicy of title insurance. a Binderor _ Commitment should be requested. Dated as of Anril 25, 1985 at 7:30 a.m. TITLE OPERATIONS MANAGER Title to said estate or interest at the date hereof is vested in: ERNEST B. EILERTSEN AND ALICE ANN EILERTSEN, husband and wife, as joint tenants The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: SEE NEXT PAGE FORM 423B 201 (REV. 12/83) /r �X1a 13IT Ot Paga "7� EXHIBIT "A" TO JOINT POWERS AGREEMENT Orcer No. 551159 Page 2 1. Taxes f _ the fiscal year 1985 -86, a lien not yet due or payable. 2. The lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California ?avenue and Taxation Code. 3. 3ase ^:anon contained in the Deed from L. G. Casaletto and Ada Casaletto, -wife to ?. E. Rogers, dated April 28, 1923, recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: "Reserving to the Grantors a right -ef -way over and across any part or portion of the land herein granted for ingress and egress to the lands of the parties of the first part herein, said right of way when built and made to be built and made where most feasible and accessible and said right of way to be of sufficient width for access to said land with any and all kinds of vehicles." 4. Any and all unrecorded leases which may be disclosed by an inspection of the premises. Page ` NOTES: EXHIBIT "A" TO JOINT POWERS AGREE Order No. 551159 Page 3 A) Accord --. , to the public records, there have been no deeds conveying the herein described property recorded within six months prior to the date hereof exce:"z as _follows: NCNE B) 3ot':. installments of taxes for the fiscal year 1984 -85 have been paid in full. lst i =szallc.ent : $310.67 2nc 4nst_11ment : $310.6.' Assessors No. : 537 -08 -002 Code Area : 03 -043 EY, orIIBi A. Page Otl 1 LEGAL DESC2'?":C:Y: Real property situated in theTown California, described as follows: EXHIBIT "A" TO JOINT POWERS AGREEMENT Order No. 551159 Page 4 of Los Gatos, County of Santa Clara, State of ALL OF LO S 11, 12, 13 and 14 in Section 26, Township 6 South, Range 1 West, Mount Diable Bas=_ a.. Meridian, according to the Official Map thereof on file in the office of Federal Bureau of Land Hanag =ent, approved on April 17, 1882. EXCE 171NG FR0 the parcel of 1zn3 firstly hereirabove described that certain parcel of '_and described as follows: PORTION CF LOTS 12 and 13 of Section 26, Township 8 South, Range 1 West, and being more particularly described as follows: COMMENCING at the Northwest corner of Lot 12, running thence South alonz the West line of Lots 12 and 13, 40 chains to the Southwest corner of Lot 13, running thance East along the South line of said Lot 13, 10 chains; thence North and parallel with the first described line 40 chains to a point on the North line of Lot 12; thence West along the said North line of Lot 12, 10 chains to the place of commencement. (WE NOTE, BUT DO NOT INSURE) a right of way as provided for in the Deed from L. G. Casaletto, et ux, to P. E. Rogers, dated April 28, 1923 and recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: RIGHT OF WAY over and across any part or portion of said 40 acres hereby reserved to the Grantors and which said right of way shall be for ingress and egress over the lands of the parties of the first part to the lands of the party of the second part, said right of way when made and built is to be made and built where most feasible and accessible and of sufficient width for access to said land for any and all kinds of vehicles. (WHEN DRAWING PAPERS OMIT PORTION IN BRACKETS AND SUBSTITUTE THEREFOR THE WORDS "TOGETHER WITH ") EXUB MT Al Page eas i1"�" EXHIBIT "A" TO JOINT LIST OF PRINTED ;CEPTIONS AND EXCLUSIONS, ,y Policy Ty Ac RE ED; N °s I. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B T: s >a -. act,, -_ s_ . a' mmage. y r .-a. he" fee, o ^. v, . . „ a _ w ,h ur "e by ream^ e• me bllow,ng. Re t1 m . 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[ e OI a C • Ca: a D<> Or referred n Shed,'[ A, Dr m i0utf ng arrP[I4 Oadt aV enuea, > d +eL t W f n01h g n ,n r J" a ?n Na mad fl p net e' !en, to winch fee "a na v' in: o! an aDub n oven sire a. e g y„ co °v nn p 9 own[• for at"', to bnys.ca'y Any raw, ma 1.`, a, 2tfl",_e,Wg lual"na f`1, a r; de?^ of '-'-,ad fa b.,:d -1 and morng o-tl nancea reu•¢:•ng a' "Su :a°ng pr D'Dn :D,png ine ocrupancv. uu be em >yme ^• a! n s or Uca:rcn of anv 'm >- a.tme +t now or nr aa4e• elected on he land. D- D'Ob•D11m a u Dwn[nRp a a'PCe4 {r :n Ile d :.menY ant, o• arts a! he a,- or me enecr of anv r :al a!,.,, or a +v wcn Iaw, Drd:nan_ 9 Dsaoan .n R, n;i >i em1"! 0a1. n e e•;avmmen:avcgo'a :•on. Del S a'9ea,e ntd�r.gp ore'— Ipowt'un :falnDnfe It fne ne•cto o! wcnrgnn aaptars +ine DuDLC •ecortll . hot at k. ne +t enLUm,bran a, 'o-ret :`u' a Oe ° he e,e la' ane l D, a oet,t Cn COVer d;t Du: ,nOwn ,a ine •rtu'ea ea m] ^' a •n¢r d. Attu Tttl a' aj'Cea r0 by 'he I I, eiamdn!, ID! nor fnOwn DY ine OVD'•C rPCD'Ot antl nor Dtnr 4 Pd 1. a D t c P2 m a; ?• aaT wc^ Ca main acpu red an eras Do cr o• a ne �^ e o o .a`a e - w• +� s. y a m �d Decarn.na.. t ,f n " C mo D ' a me oa;e turn nwrea c mare ei d D`u!1e, d - vep Llfl nI a a _o r,D! C!Dal.cv er let. not nave a• na :ec �' u•Ptl c :a '*a led D.P a Du•cnav o <••c as e•a'a� +au �w nau, knowease ew i rg .n lots or lama; cn wau'd 2. AMERICAN LAND TITLE ASSOCIATION O'WNER'S POLICY FORM B-1970 (AMENDED 10.17 -70 and 10- 17 -64) SCHEDULE OF EXCLUSIONS FROM COVERAGE ml 6overnmen:a. pa•..Le Daw?'. ID• Aq raw..,a ra ^cc a' Scve- +menu ra,. at an It a••,, fa env "onmtn•a ' tro1 -r! an ICI Any ljD ae, 'an_ee?a�o o ^,nre >eannyfne c0. I'Ced1 ; put no• :,rn;eD!aau","'eal I.e.,a',lunete,•et•'.Lbng o•reguW.ng O'D'on,D! -,!he occuoi ^Lr. ute OWne•): a a - -_ n he I -ell g n P'aed O to +v3 Darceca, We'CCnan mD a`., yen nV W o• nerea!:e' erPf:ea Or lot :ana, Or prpn pee• +; a teDJra: pn n .tiny a• area la :n y mD at a oa -r :dl T1., otcce C]•dd r ^s� jao or. o' me into., a C'a u^o a-yra.. D' o• I0 aoa.e un.e,, hats, of > ae!en. 'en o- encumb'.e,e rewq.n trom a ..,o•ar.on has be.^ Y to'1 e O C : y a :req Dr ors¢• t I e encumb•anc6 mu,- III rec0'tlea n a•a- -!a -rmDd L i. P aC.,C a e ] ue [na w n d O O- f;?;tt, t Dendant D C .as 4 n Ou n..an . _9e + ay.O +d h,t rna• V. •n Oui !,m u: on. wLn ret Oro, sn io :n_ _y e- ]'c..r. n, o' ine o <a, a1 ledera., :a!, o• •.,a' nv.•.hneen:a' D'omci a'. tan,ng to itlmg, sea !h o- a hoe D? or•s. u•> R. nfs o' ?m r]z adma n un:etr •.OSw of the pub saf¢;y avtnOrn¢s 9 ¢ae roe? o' su; •. rgny appeao �• •nc Dan .t recOrtls a: Da!t e' Pp ¢v D...LLL n¢^i er baroet. aovP -3- c'a ms, O' 01111 md:•••t 1. c ar•d. 4u1'e'ed a metl O' a; e•a ;C by fee - nfu•to L!amanC ID' no, known Io the C.,.I -, e-d n.: Snow^ by :. a e_pa: -]rd, W! arrow^ !o In. mfu-ea ea ena -: a m< e! Eve D' Pe51 , o- a1 ma dale wcn c :a na•I acau� to an eva;e o' •n:rete by H's pa',cv and ny tldUatta .e W I'; - he . -a »d ra man: !o ine Co =ea +Y D- o- to ine dpx wI, 'nw'[J n r -eu•ed e'ama -! Id V ez�a.e. P; .1 veeitd vub3eaue-i I. Dare a! P.'.cy. at let -au I n l a, n na "'t a+ •'.erect ne•eunder; In 1ewR,ng o he roll ., afee., ro fne y -n s Dc S 'n rots a• eamage wn.cn wou'd nor nave Dee, u,!. led d Ine •nw -ed c'a ma-u had Dao va'w tat iro [;tact 0- ^.t'es' nr,�etl D ar NOTE numy 117 9-Sat OI uL'ot.0nf t >,d 1 aaore w�•' be • ^!o !o. 0ol 1, ba a.raLnm.en! e! an - End.,"ro"'AneenC' ng Po•zr ". endo-stment 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS I +add bo+ fo ?t E [cep: -any ., Senede" B. you are nor ,na-_•m a;>m11 Iol, . cos-.,, m:a"'evf fees and ¢.peen...esuh.ng r.om 1 reSu�aaou co.npa C. owe" and fhe ¢Re,le ^;R o' wo:a;.on of anv Iaw m yovtm.mem •eSmanon Tn•s :nc :odel Duadmg and zoning Ord - dances and alto Iaw, and • land use and d :msmn • I provemen•f or ine land • anw'onrn,h ai Dlotecuon Tna a.,fu, an tlaes he! Linn 'he ionmg cel.sage tletcnptd :n Items 12 and 13 of Cov - -ed T¢le R,sks 2 The 1511 :0 take ine land by Condemn -, .I, unleb a hl,t of taking apDea', :n the Dub C •ece'ds on the PO:Gy Dale 3. T.:! -Rnk. teal are created, a:loweo, o a5'eed w by you that are known to you. but n0. 10 u1. o, let Ponfr Dale un es3 me, appaa-ed Ine pup" records mal'eswl :n no'ati to you • lnat I,,! tale[] Yt title alter he P...cv Oa[e lo e°6 no! :• 1 ihe ']iJ. and ma:tnal hen covegge :n Ile' B of Covered Title Rpk, 4 Fa :Vn!o aav et, 101 your Elie 5 Lack of a ] • !o any land ou•, de the area taeo' :easy delel,bod and "felled :o :•• Ile, 3 01 Schedule A. 01 m .1[x11, wl"'. o' waterways :n.. [wen your lantl Tns e]:rus oe doer not :.inn mt ac<ex ed.,,u9w .n hem 5 of Covered Lae Rats SCHEDULE B - EXCEPTIONS In lot, non to In' Ercha an,, va, a-¢ no! insured agamv Ion c .s. a"pmeyi fee[, ana e.oenut'ew h,ng M1om - I AnY rigs 6. •me'esR O' C'dmt of dame... 1o,3el"I'l of 'helled not snows by 'he p.rbl•C 1et.rd, 2 AnY e]Se.nenit 0' Lenf hat Shown DY the pue,c re,O,d, Tn•s eyceD +pn o0e, no, hmn the Len Coaelegl 11 Item Q of Covered Twe R,Sks 3 Any facts tbau: the and When a correu wrvey wou'a d t; ro3- a,d wM Cn fre e.1 mow, by ine puol.c record, Th-y e.c,,, lm[e0 o,, does nnf 1,11.1 me •emova c0. ^ e ,age n tl m 1201 Covered Toe Ref, 9 Any . w a!e, r yn!f. r a mr o' t.u. f0 wa!e on m under he land (( Continued on Next Page FOR:[12e?1 IRE "125. 3 pas e O` � :jJ°�• -�+r.1 d v. AMtHICA% LAND TITLE ASSOCIATION LOAN POLICY 1970 WITH A.L.T.A. ENDOF_ r._:^.'T FORM 1 COVERAGE (AMENDED 1017...- and 1017.84) S( .,,_E CF EXCLGS107,'S FROM COVERAGE EXHIBIT "A" TO JOINT POWERS AGREEMENT •a . a - . u , .Ca e. on .. T­ p _ _ - a Sc v. 1a.,t 'a T Its O� ta, D. ,mm a o- y t o natty b c- . D- Iad.0 a . n n c•• v o. ,r .. .. .3 ° j bd- 11 .d. neat id O' Coo c le r ay.no, 1 e {•Ct mi o. W ^S. o.0 - - .. - - - . _- - '; Jca•xl w_.- .,r-: a: Dre o' Pa.<v D_ '• - C _ D: ;ne .r s'.•'r 11 o- --l. 'of nm.,own 1-:n: C. -O, -, 1-0 P. ,_a t cOa a. o metres' rLr•C by •^ , Co c. o c yc o s n a_ a •nuns D+:am. a- . -w..y _....a -a -. •c c a_ < a..0 1 +> ten nsura, :. 18'08 P . ° s b >, _ u -., > 1,• P mtmt- • +ana•�com :rou.a, o' P.P d el a n, I. T _ a > . "tle• ry T .ri +h n. Pa CV O• P. e r saos.0aee. a 1,, P In On... n y w or mr tl'y.a.est o . -ao.e .. Pe ... >C -... .. by a.. - .. ] :.. !n: Amt -d rj Dp ey -. enda•Sem.c; 5. AMER!CAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 (AMENDED 10 -17 -70 and 10.17 -84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE Ii Go.e•nm.n; a' PC, I, PC', fill Any '. ew C" na-ce o"vme.nme, :a'raja: a: I- re'. a—, I. [n..rPnmen;a, o•seCLpn 1[I CA,, ..1•n P,d OT,-, It Oaj'. t'r'. a n:3' •ei -'d -I ad nn1 l,m,.0 13 bu 10 dn0 ion.ng O•Q'nDnCetl rP3; : :Clnq 0• reS'v :df•nq O• prom D.l•ng In[ O[NPa ^CY. ale C' olal on W ow^P•tn -0 r a che"t •^ ae d - I ^lOny O' °a'ee 0' !It :and D'S. ySla,,, O' +A[nd;ne •a d ,tm enl now p nr[al] ^.•11'11 on Ine' and . or Proh,b T.hg tl ,t O'Wdid Pdrl (di The e'• -e; p' a'v v.0'a `o! of Ina3P •eG0•cs n uDPtl u^o' r3") IDr o• Icl aoavt ur °y n -' Ce o a dele[L Len 3r encumb'a,<e r[w'nnq from a v.o :anon oat been •m[o•P.P a tI C' P3 a .dl O eQ O •4 f p°ndPn3 I Cn3 D' O " >• ;• Pa . C e 'Ti, ce to Du•;nai t c a ^C o a n a,tl yr au. k a teen CUnb-anc•s must be - emrdea .n a'dr 10 to nCie Ce •,c C'C: C^ a -v If :[e C" To, oI !tC e'� s -r o• ,Y]' a ^v •3, r.,. w.e_�e u -v dad. noW PY•. Ina: w "nou: I,m'lar'pn, wcn •ec0'as Nb' not De contl•ued o .- [o g. bu Id nq nea in a pool C idle•, amnon;,¢s. P.gntt Or a and ^ ^J' it o' In a_ _ s'[n r 1 aCCea' D'. ]' : r_ -o'a: a. Dare OI P. ", lhbycIa e b n; s ms. c n - c ea: -d d _= a 3 a to by stye ^su •ed ca manT_ Ibl no: known :o Ine Cam d Ow, DV n D b.. 3.. a k C' .O I: s ana 3 .r d: D P O Cy and nC' Q A' os°C 1 '1 na an 1 O d- da a e" [la mJnt IVI red an Isldr[ O• nt'n tr . I,n t Da- i, d•`o rot t d C C n p3 V D o IO InP d + u 1 c' „ Pt,3 do m3uretl na, dt Cr rPiu 1 g atf O' adma3° to Ina "I'•.0 c .- a e ac a 'a eo s D et a o Dam Pl Pa cY� 0 t :ay .. e" o dam ayz wn cn woam noT na„ p.... sava� o I Ine mused cl�man• had pa9 vaw o n a_.. s dpy m oo'cy NOTE: The 10.1- a: a•- •oQ'��tn;a -1- re,!uS PnS 1 antl 7 aDxe n be nco po'a'etl �nm` I Do' I, bt a : :acnmenl P' an °Endorsement Amend_ny PO:,cy endo-wmeh; numbe- FA.27 : SCHEDULEB Tns pP," aa., np: ­ra . aga -.r: en D- Illagt by 'ea;On e• !nt mY:e't Sn]wc ,n pl'i, on. a,0 mP t0 a_,g Par; O ^e f Ta +es o• avers ^t ^s w +mn a•e •.e: mown as !an:,nj ;.en b> Ine •.eves o• Inv he. nj as :h-•.ey Ina. Itv¢s ta+es a avtsiments on tea: p•Dpe•ly D• py ;ne pup'.e c0•d +: 2 Any •a: •C ^.a ^t'zsa. v c a+lv w,Ch art no; snow^ ]> : +t pay' c'ecom: Dui v.n Cn Cpu'd be atU'!dmza Dv an ,450 ,Don pl 9 •npm•v OI Oe•so-.s �^ aossesl.cn - p°rp01 la d land v br mJkn 3 E.-nnera, c m10'rasemerr P. er. cu•nb'mlcel wn.ee a'e -s inCwr. by 11, pub. a c'tcrm 4. D'A'eP3 -Le5 c. As ,^ Dp_,Cd'a rmes, sny:age ,r ° ee enu Pacnm P +:a, br a,, O'nC laces .xn,Cn a cP ^ee dY,er wPU'D dsCbse, antl w +¢n a•e np: s,Jw- py pub' -c 'te0-c; 5 Unpa;enaP m.n. +g C'a'nt •tst'•a; Dns o• eecep: C s,r pa :lit Dr •n Acs au:n3'1'. nq :na .11uartt 1h. -Cal, wale' njnls. c.a ms o• DDt to ware• 6. Any ..n, o• • -yn: ;3 2 -e^, IP: Se^PO_•l, lab -' O: te•etalo•e o, ne•e:!IV I,m,Y, ^y, ,mpoattl by ian and nPl Nos^ Dr :n• publC •eco•tlr 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10.17.70 and 10.17.84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE Tne to ^Ow. eq -.nvs are ea P•etlly ev GUaed #rpm The Cove,,e of 1hR, OP,,, 1 I., ('iovrnmtnldl pa! "t poy," lbl Any law, Ordnance 0. 9ove•nmen :a, •egWaT,on le'ahng l0 env „D ^menial D,O,,Cl III Any 'aw. Old' ..111 o• 9overnmen,., reguyl. on bnUud ng }a: not i.mned Io Pw,al ng ana "n -g ordmancell rev.•cnng m rtgulanng or p,On,On,ng Ine Oceupa,n. use owne•Shb v a Than, a the d�mgtna•,ng Ine ea 01!me land a Sa y pace! Of•On ,I any ,mmovemem now Dr nreahe• erected Dn ;he land, OI prpn,b,nng a teparanon ,n ton m a• a; o! wmcn ine Iand n or wa +a pan Idl The effe.1 of Damn cly POa•!,P, .1 fee • atte -s !Jwnge untle• laal, fbl or Ic1 aSOVeTUn,eH nol.ce a, a P"'m ben or encumwanI. re;uhmg from a vro ei-.I nae W.en •moue• fOry :' ✓cove noi,ce :0 u^Oe' s le Stalules died,, ari5a3P5, In pe ^dens. 1•em 0. 0”" h ", encum D•a,cet must be recva.d �n Orde' :D Io -rt'.v PuIehasert O• ine land 1 a'• :OCd' antl w,in°u; knOw,dgt, ofo"ded ho WPVer, Thai W,in OVi r,m.ta:,On, tufty rec Ordl lnal' na: De COnS:•YPd tlt :xf ]sot n anv -1 me o" ces of IeIf a , tia :• cnmen:al prolef ra^, donmq bo•Idmg. nealln Or publ,C salely aao.'.1.11 2 A9 a' em e , eI n 'ass o of me e c D lath • j +11 °PPIe'T P o,c rec rods al Da•e o1 Pa¢v ua'ms o. e e ,;e•t lad vea ea t' ll sa^•ed 0- agreed l0 by ihr .nla, Id cla man;, fbl not known io the Company antl nm 1. b. a']• •a -D k aw-. 0 1 arse Ua. a. e• ai D I Fol cy o' ,' Ine Pane such c e man• acau•red an °vase o •mP es; •^1.1116, inn pC "C, a• a d 1^ 0 jai - a a -a; O�'C'o d w mg Dy in Se'ea c'. d' O Ine COmpa ^y p :O' la Ine dale loch no,,, c.a man. became ICI P. •P• n Y n 'O' ' aO`i 0 amater,a, 01 to the entenll•,'Strafe ^l+ffo•o P '.eoesu a, 1.^n ll Oalr OI Pon[y ItaCeDi to Ine evtent ,nsuedn CP •s afforded hp e.raa, I :o any u[Y a Pdan a> Ip dlSt>5men15 10. 51ree; ,mpravPmenly antler LonSlruei,Dn or comP,e'ed a; Dale o1 4 U —'I 11 11 ].y .e° 11 01 ine ^fa-ed nn.-,ge b Il1le -1 e 'I" 01 ine mw•ea ar Dam of PO;,,, w Of any 5ublequln: owner OI The ,ndebiean,a, to comp, w ,n g wt o' in, 'ate .n vh "I 1. lamed. NOTE: Tne I0 I7 884 amendmeh,, P' r.Cus,Ons 1 antl 2 Ibove wu' a ,ncmpmmea hm mz Doley by anacnmenl 01 an "Endonemem Am<nd•ng Po!¢y entlesrment numb,, FA -27 i. SCHEDULE B T ^l Oo:.:y CO., IO: insure aga. " 1-11 -r tlamage by •-aloe o1 me maue•s mown in 8181 one m,o iv:o Iouow,ng Pa•T 0" 1 Taees C' au[43men is wn¢n a•e no; 19own a .'. i,.1j ans by "t "C.'dt °I any 1 .•ny autno•'.TV Tnal 'ev,es lases m assessmrny on tea' proaP•TV o• Dy Tne pa Dl'c rzco•as. 1 Any la : :1' 1"etf.on•In11ls. o• 4'a,ms wn¢n1 a . no: S +oar•, DV Tne DaDhc ,ecw Ca bw wn¢n eou'd be asce•Tamed by a , n>Ptct, n of sa,d land O• Dy ma mj maw, of De III y en umW ancel "" a•e n , n by me bubhc •= o'ds mDCUnCary et. Tho e a -9 e' °mcn•c:cnme,o v In acts wn pn a caneu survey woo a 1.1c,ae ana wb cn "I n., shown p v puble g .ohs ore Pa O ono IACS v+ 5 A , ^, w g,l n a Len, to Ps• • ces, a]o. , mai_, a IneglDio a °, ne ea a 'm 91 ^eo. r-,"TC byrfaw and 0gO P— Dys ne pub c•rPCwat V e ' ! �;Ct-i9�i8 a I2a91'a E, 9' 951 f e. €'ale r o! ,i EXHIBIT "A" TO JOINT POWERS p_ q _ AGREE %' NT i8 I �I fl I I I I I = • I ' s I o x Y I I � I o � i 1 � ' I i t o I t I o t n I t - I Y V IM I Y , 3 �- T C GI 1 Q 1 F Y M Y � iiso�yg� YYy ---------- q `a 0 S •q�- t �1 f N� e 4 EXHIBIT "A" TO JOINT POWERS AGREE'QENT WHEN RECORDED RETURN T0: Midpenins,_1a Regional Open Space District 375 Dist-el Circle, Suite D -1 Los Altos, California 9:022 ATTENTION: L. Craig Britton MEMORANDU? OF OPTION THIS ay Of August 1985 MEMORANDUIM 07 OPTIN is dted concernedathattansOptiondand Purchase , Agree- ment was entered into by and between Midpeninsula Regional Open Space District ( "Optionee "), and Ernest B. Eilertsen and Alice Ann Eilertsen, husband and wife (collectively, "Optionor ") on the th day of August, 1985, wherein Optionor granted to Optionee the exclusive right to purchase that certain real property owned by Optionor as described in Exhibit "I" attached hereto and made a part hereof by this reference. The term of said Option is from the date hereof to and including March 1, 1985. IN WITNESS NHEREOF, the parties have caused this Memorandum of Option to be executed as of the date first above written. OPTIONEE MIDPENINSUL•y REGIONAL OPEN SPACE DISTRICT APPROVED AND ACCEPTED: Tres of Directors ATTEST: District Cie Date: OPTIONOR Ernest B. Eilertsen Date: Alice Ann Eilertsen Date: �XH ly Page I pB EXHIBIT "A" TO JOINT POWERS AGREEMENT EXHIBIT "I" MEMORA ND'* ` OF O? =ION Real pro ?>_rt,; si_uated in tneTowm of Los Gatos, County of Santa Clara, State of California, described as follows: ALL OF LOTS ll, 12, 13 and 14 in Section 26, Township 8 South, Range 1 West, Mount Diablo Base and Meridian, according to the Official Map thereof on file in the office of the Federal Bureau of Lard Management, approved on April 17, 1882. EXCEPTING FROM the parcel of land firstly hereinabove described that certain parcel of land described as follows: PORTION OF LOTS 12 and 13 of Section 26, Township 8 South, Range 1 West, and being more particularly described as follows: COMMENCING at the Northwest corner of Lot 12, running thence South along the West line of Lots 12 and 13, 40 chains to the 'Southwest corner of Lot 13, running thence East along the South line of said Lot 13, 10 chains; thence Nort- and parallel with the first described line 40 chains to a point on the North line of Lot 12; thence West along the said North line of Lot 12, 10 chains to the place of commencement. TOGETHER WITH a right of way as provided for in the Deed from L. G. Casaletto, et ux, to P. E. Rogers, dated April 28, 1923 and recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: RIGHT OF WAY over and across any part or portion of said 40 acres hereby reserved to the Grantors and which said right of way shall be for ingress and egress over the lands of the parties of the first part to the lands of the party of the second part, said right of way when made and built is to be made and built where most feasible and accessible and of sufficient width for access to said land for any and all kinds of vehicles. APN: 537 -08 -002 EXHIBIT 0 A ry. G EXHIBIT "B" TC JOINT POWERS AGREEMENT- SCENIC AND OPEN SPACE EASEMENT WHEREAS, t: -.e Midpeninsula Regional Open Space District, Public _strict, her referred to as "DISTRICT," and the Town _ ..- _cS =at ^_.s, - - unicipal Corporation, hereinafter referred tc as O ".?v , " 'nave __-_ eto =ore entered into that certain Joint newer= ' zree. el- da _ed March , 1986. `WHEREAS, pursuant to the agreement, TOWN and DISTRICT have agreed to participate jointly in the sharing of purchase costs and fees associated with acquisition of the proposed "Eilertsen Addition to the Sierra Azul Open Space Preserve" which is described in Ea_ ^.zbit "I ", as attached 'hereto and incorporated herein by this reference (hereinafter.called Subject Property or Property); and WHHEREAS, TOWN and DISTRICT desire that the Subject Property shall forever remain as part of the parks, recreational, ecological and aesthetic resource of the Midpeninsula area; and WHEREAS, it is now the desire and intention of TOWN and DISTRICT, pursuant to said Joint Powers Agreement, that the lands described in said Exhibit "I" be made subject to an easement for park, recreation, scenic and open space purposes for the benefit of TOWN, its successors and assigns. NOW, THEREFORE, in consideration of the substantial payment being made toward the purchase of the Subject Property by the parties, the public benefit to be derived therefrom, and in order to insure that the Subject Property will be preserved in perpetuity, DISTRICT hereby grants to TOWN, and TOWN hereby accepts from DISTRICT, an easement upon, on, over, under, and across the Subject Property as described in said Exhibit "I" for parks, recreation, scenic and open space purposes, upon the following terms and conditions: EXHIBIT "B" T JOINT POWERS AGREEMENT Park E __- -eat Page 2 District ,ants. DISTRICT hereby covenants and agraes _,_ itself _ i_s successors and assigns, that all of the S °c-_ - o0erty as des___..e3 __- _x.._o_t "I" shall be _ rc. _oed and everated as, an3 maintained and managed for, open = =, --` e- `ness, rk, ;,g- -Ul turai, watershed, scenic, low iatensi:-: recre_ti„ -., or sLmilar pur poses (hereafter referred to as ter =_cted Uses ") and for no Other uses or purposes inconsistent therewit'-:, all as contemplated b- or in accordance with the follow- ing excerpt from DISTRICT'S Basic Policy as adopted by DISTRICT'S Board of Directors on March 27, 1974, to wit: "The District will follow a land management policy that provides proper. care of open space land, allowing public access appropri- ate to the nature of the land and consistent with ecological values." 2. Permitted Uses. Open space and low intensity recrea- tional use, or Permitted Uses, which are allowed under the terms and conditions of this Easement without further restriction include, but are -.ot limited to, the following: a) Pedestrian hiking trails b) Equestrian riding trails c) Mountain bicycle trails d) Casual public picnicking e) Portable sanitary facilities f) Nature study and environmental education g) Photography h) Public drinking water facilities i) Kite flying j) Scenery painting k) Wildlife observation 1) Compatible agricultural uses m) Meditating n) Public parking areas EXHIBIT "B" TC JOINT POWERS AGREEMENT Park Easement Page 3 c) Primitive campsites (back pack camping) Other uses w ^_ich the DISTRICT may from time -to -time determine to be low intensity recreational uses DIS7R :1^ shall plan, design and develop such facilities as are reasoaaz -y necessary for ^ nubli _ � use and enjoyment of said Property for open space or Permitted Uses as defined above. 3. TOWN'S Recommendations Advisory Only. DISTRICT, for the purpose of this Easement, shall consider but shall be free to accept or reject the recommendations or suggestions of TOWN as to how DISTRICT should plan, design and develop such facilities as enumerated in Paragraph 2 above. However, nothing herein shall limit the rights of TOWN or other governmental agencies having jurisdiction over the Subject Property as provided by law, ordinance or other source. 4. Prohibited Uses. Use and development of the Subject Property which would significantly change or compromise scenic or natural values shall be prohibited, except as to those Permitted Uses referred to in Paragraph 2 above. DISTRICT hereby covenants and agrees that DISTRICT shall enact and enforce ordinances or policies that will prohibit any of the following activities on the subject property: a) Construction or maintenance on or within the Subject Property of advertising signs of any kind or nature, except for identification purposes consistent with the public use of said Property for parks, recreation, scenic and open space purposes as defined herein. b) Commercial extraction of minerals or natural resources from the land. Park Easement EXHIBIT "B" T( JOINT POWERS AGREEMENT Page 4 c) Construction of any residential, commercial or industrial structure, including, without limitation, any hotel, inn, condomini,.am, town house, or rental apartment project, except for the oOssib?e limited residential use by personnel engaged in maintenance and patrol of the Subject Property for purposes consistent with this Easement. d) Opera -ion on the Subject Property of any motor bike, trail bike, go -cart or other motor- driven or powered vehicles except those motor- driven or powered vehicles reasonably necessary for DISTRICT to use, develop, patrol or maintain the Subject Property or by the public to reach the recreational facilities provided, but in accordance with the Permitted Uses pursuant to the terms, conditions, restrictions and covenants set forth for the Subject Property herein. e) Dumping or placing of any public trash, waste or garbage, except in receptacles maintained by DISTRICT or TOWN. -} Use Or firearms, airciUns Or dangerous weapons by the public. g) Hunting or exploitation of natural wildlife, except when required for public health and safety. h) Commercial cutting of standing timber other than for public safety or consistent public purposes. Park Eas=_M.ent EXHIBIT "B" TO JOINT POWERS AGREEMENT Page 5 i) Planting of vegetation on the Subject Property, except for DISTRICT approved soil management, erosion control, reforestation, c— Ompatible agricultural uses and planting Of native California vegetation, and normal landscaping and screening of _.are; and recreation areas and public facilities in connection therewith, consistent with the intent and purpose of this Easement. j) Excavation or other topographic changes except for specific park, recreation and open space projects consistent with the intent and purpose of this Easement_ The general topography of the Subject Property shall be maintained in its present condition. k) Use of the Subject Property which does or will materially alter the natural landscape or open space character of the Subject Property other than those Permitted Uses enumerated herein. 1) Any use other than parks, recreation, scenic or open space uses as provided herein. M) The development of said Property for any amusement or "theme park" or any use that would require more than one -tenth of one percent (1 /10 %) of the total land area to be paved or otherwise developed with imper- vious surface (roads, parking lots, roofs, or similar development). n) Use of fireworks and pyrotechnics. EXHIBIT "B" T( JOINT POWERS AGREEMENT Park E_s =ent Page 6 5. Easement Intent. It is the intent of this Easement to prohib_t any development or ph_sical improvements which would impair the °ri resource of said Subject Property, and to limit the use and de-e_opment on the Suh: ect ?rope - -ty to those Permitted Uses refer to in Paragraph 2 here'--= - i --JO•✓ e 6. Condemnation. If the Property described herein is sought to be acquired, appropriated or condemned for another public use by any public or quasi - public entity, the presumptions contained in Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resource Code shall apply and be asserted. 7. Remedies Upon Default. a) In the event the DISTRICT, or any successor in interest of the DISTRICT, breaches or violates any of the covenants, conditions, or restrictions contained herein, TO;QN, pursuant to action by the Town Council, shall give the then record owner of the Subject Property written notice of such breach or violation. Any such notice shall specify with particularity the nature of the breach or violation cla4zad and shall set forth in detail the action which the Party giving such notice requests be taken in order to cure the claimed breach or violation. b) If such breach or violation continues uncured for a period of sixty (60) days or more after the giving of such notice, TOWN shall have the right to prosecute any proceeding at law or in equity against the then record owner of the Subject Property or any other person violating, attempting to violate, or breaching any of the provisions contained herein, in order to prevent the violating or breaching party or any such person from violating or attempting to violate or Park Ea_e-ent EXHIBIT "B" TO JOINT POWERS AGREEMENT Page 7 breach any of the covenants, conditions, or restrictions contained herein. The remedies available under this Paragraph shall include, by way of illustration, but not li:- itation, ex Parte applications for temporary restraining or;e_ -,-, inary injunctions, and perman=nt inj;nct;ans enjoining or remedying any such violation or breach or attempted violation or breach. c) If TOWN or DISTRICT, or shall bring an action a hereto by reason of the covenant, condition, or any successor of DISTRICT ,ainst any of the o her parties violation or breach of any restriction contained herein, or otherwise arising out of the terms of this Easement, the prevailing party in such suit or proceeding (as determined by the Court) shall be entitled to recover attorneys' fees which shall be payable whether or not such action or proceeding is prosecuted to judgment, provided that no award of attorneys' fees shall be rendered against either party unless the court finds that such party's action or inaction is willful and in bad faith. 8. Binding on Successors. It is further understood and agreed that this Easement and each a`nd every= .er-m, condition, restric- tion and covenant contained here ih - made intended for the benefit of TOWN. -, its successors an signs,'- ^_d that it constitutes an enforceable restriction. Thi ement r raresly intended by TOWN and DISTRICT to run with `. land d Y ibed ., _. in Exhibit "I" to constitute an equitable s -rvy ther�.n` - _ sand shill mind each and every successive owner of oerty r "of any interest therein, and shall be enforceab - a wN. `successors and assigns. r EXHIBIT "B" T( JOINT POWERS AGREEMENT Park Easement Page 8 9. Mortgagee Protection. No breach or violation of any o =he covenants, conditions or restrictions contained herein shall def >_a gander invalid, diminish, or impair the lien of any mortgage or d-_ed Of trust made in good faith and for value encumbering the Property or any portion thereof, but all of the covenants, conditions and restrictions contained herein shall be binding upon and effective against each owner OF the Subject Property, or any portion thereof whose title hereto is acquired by foreclosure, - =ustee's sale, Or otherwise. 10. Severability. Invalidation of any one or more of the covenants, conditions, restrictions, or other provisions contained herein by judgment or court order shall not invalidate any of the other covenants, conditions, restrictions., or'other provisions contai =_d herein and the same shall remain in full force and effect. 11. Amendment and Termination. This Easement skull be effective as of the date of recordation hereof in the Office of the Santa Clara County Recorder, and may, with written consent of DISTRICT, be amended in whole or in part or terminated.only by a written instrument executed by TOWN, or any successor of TOWN (by reorganization or othernise), pursuant to resolution adopted rO llncil Of Los Gatos in heha _ If o_ and .or the owners and occupants of all other parcels or real property located in the TOWN, and by all of the then record owners thereafter recorded in the Office of the Santa Clara County Recorder. Nothing herein shall be deemed to require the approval or consent of any other owner or occupant of any other parcel of real property located in the Town of Los Gatos for such amendment, in whole or in part, or fcr the termination of this Eese�-:ent. 12. Failure to Enforce Not a T9aiver. The failure Of TOWN or its successor to enforce any of the provisions contained herein shall in no event be deemed a waiver of the right to do so there- after, nor of the right to enforce any other provision hereof. Park —=S --7.en L'XH1BS ' "B" T( JOINT POWERS AGREEMENT Page 9 13. Discr =t_oa Of DISTRICT. It is acknowledged by the t DIS__,_ ;_. y governed by an elected Board Of Directors W.^_ich is C.^.ar7 d with the nan=genent of its lands _ - _Scant to the (,'a __ .' a P. =Or h = -- Resources Cade (see, e.g., Sections f the - -"---� o- Parcies to Limit said Board's rood faits es =_rcise __ e scretion in - s effort to enforce rL'l -S, ..eglllati0as AOliCies P-- sUant to this Easement upon or w'- respect to the Subjeect. Property, TO;�'N OF '_.v ^S GATOS By: _4ayor ATTEST: To Clerk Date: MISPENINSULA REGIONAL OPEN SPACE DISTRICT By: President, Board of Directors ATTEST: District Clerk Date: EXHIBIT "B" TO JOINT POWERS AGREEMENT Real prop> -rt,; situated in th=_To ,--n of Los Gatos, County of Santa Clara State of -ibed a ' ' Ca1if.,r..ia, __�__ s �o�lows: ALL OF LO li, 12, 13 and L'. in Section 26, TO'wnship 8 South, Range 1 West, Mount Diablo 3_.s_ a -d ?'.eridian, according to the Official Map thereof on file in the office of t.`:e r__eral Bureau of Land Manag =ent, approved on April 17, 1882. EXCEPTING F ?.G= the parcel of land firstly herei.above described that certain parcel of :and described as follows: PORTION OF LOTS 12 and 13 of Section 26, Township 8 South, Range 1 West, and being more particularly described as follows: CODPiENCING at the Nortirsest corner of Lot 12, running t:^.=_ ce South along the West_ line of Lots 12 and 13, 40 chains to the 'Southwest co=n= -r of Lot 13, — running thence East along the South line of said 'Lot 13, 10 chains; thence North and parallel with the first described line 40 chains to a point on the North 1'_n>_ of Lot 12; thence West along the said North line of Lot 12, 10 chains to the place of c omm enc e- er. t . TOGETHER WITH a right of way as provided for in the Deed from L_ G. Casaletto, at ux, to P. E. Rogers, dated April 28, 1923 and recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: RIGHT OF WAY over and across any part or portion of said 40 acres hereby reserved to the Grantors and which said right of way shall be for ingress and egress over the lands of the parties of the first part to the lands of the party of the second part, said right of way when made and built is to be made and built -where most feasible and accessible and of sufficient width for access to said land for any and all kinds of vehicles. APN: 537 -08 -002 8XH I BIT Page __L.®f