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 .
P ccete - s,zl ,.. ,n 'e.. , C. on rear property m W lot Due��<
._L : __ -, •+ - a• .tom . °•.` _ art-n . -.r o r'O'ret a 5,.:• r>'eea .,, wn +mP tiara: S:Own be me recoret of wcn ale +L[ v Dv ro-
...v - . a rnr w z , .aw- by : etL a!
,.
be ecro Dl m. and or be he .e eau," or Darya ^a
4n:
]v a +C_•+°•anc P.. a -era -1 911 et t. It. ee .•.
se na +c.e - aou,dr, .-ye enc•o.c ^m
ecsa _s s c_ _.s es. s. p a . a a. o� a -t a.. ay. w In a correct twver waud a.uwte. and wn.cn arc no: anew, ev !nt pas.L
la Unea t a 5.'d' t. lD -d del O •O: C D n .t O > . D• a P a +ce inert a' (U wart r hl'
A 9 L!a mt p t•i!e r0 wat<
'g d.; 3 Y ] O . [ 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