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CD Greenwood Ave Lot DedicationC/TYOF Agenda Item No: 5.b n4 Meeting Date: October 3, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development, Community Services Prepared by: Paul Jensen, Carlene McCart City Manager Approval: TOPIC: Greenwood Avenue Lots — Offer of Dedication SUBJECT: Resolution of the City Council of the City of San Rafael Accepting the Offer of Dedication from Marin Open Space Trust (MOST) of Two Vacant Lots at the End of Greenwood Avenue, APNs 012-320-01 and -10, to the City in Fee for Permanent Open Space; Authorizing the City Manager to Execute, on Behalf of the City, all Documents Required to Effectuate Such Conveyance; and Directing Staff to Initiate Corresponding Amendments to the City's General Plan and Zoning Ordinance EXECUTIVE SUMMARY: Marin Open Space Trust proposes to dedicate two parcels of vacant residential land comprising three (3) acres, in fee to the City of San Rafael for use as permanent public open space. The land connects the existing thirty-three (33) acres of City -held Oakwood Open Space to the terminus of Greenwood Avenue in the Gerstle Park Neighborhood. RECOMMENDATION: Approve the Resolution BACKGROUND: Propertv Description and History The subject property consists of two residential lots of record (Oakwood Subdivision Unit 2, Lots 21 and 22) located at the terminus of Greenwood Avenue. Greenwood Avenue is located in the southwest corner of the Gerstle Park neighborhood. The lots are vacant and heavily vegetated. A graded trail/fire road traverses the two lots, commencing at Greenwood Avenue and continuing upslope into City - owned open space (Oakwood Open Space). Each lot is approximately 1.5 acres in size and the parcels include the following: • A public utility easement is recorded on the lower Lot 21 along the graded trail/fire road that contains both storm water and sewer/wastewater improvements. • A private sewer easement and sewer line recorded on Lot 22. • Each lot contains a portion of the historic Makin Grade trail, which was the San Rafael-Bolinas stage -coach route leading to Downtown San Rafael. FOR CITY CLERK ONLY File No.: 2-1-67 Council Meeting: 10/03/2016 Disposition: Resolution 14211 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The lots are located in the R1a-H (Single -Family Residential/Hillside Overlay) zoning district, which requires a minimum lot size of one acre. The San Rafael General Plan 2020 land use map designates the lots as Hillside Residential (0.5-2.0 dwelling units per acre). The lots are bordered by developed residential lots to the north and east and undeveloped land to the west and south. The two lots are part of the Oakwood Subdivision, which was recorded in the mid -1980. The Oakwood Subdivision contains 45 residential lots and 30+ acres of preserved open space. All but the two subject lots in this subdivision are developed with single-family homes. Over the years, there have been several planning applications filed for the development of the two lots; however, no permits have ever been approved for development. The two lots are immediately contiguous to the preserved Oakwood Open Space. The open space was dedicated to and accepted by the City as part of the Oakwood Subdivision approval and recordation process. The land dedication and acceptance by the City was done at a time when dedication in fee title of such offers was common and preferred. Attachment 1 provides various maps of the subject lots, as well as the Oakwood Subdivision. Proposal: The Marin Open Space Trust (MOST) has been contacted by two private parties to assist them in the acquisition of the two vacant lots. Following purchase of the property, MOST desires to transfer ownership of the lots to the City of San Rafael so that the lots can be preserved as permanent public open space, serving as an extension to the 33 -acre Oakwood Open Space. The transfer, which involves a three -party closing of escrow, is offered free of acquisition costs to the City. The offer of proposed dedication is summarized in the attached letter from MOST to the City of San Rafael, dated July 20, 2016 (Attachment 2). The letter is supported by additional history, background information and objectives for the offer. Public Hearings: The City Council held a hearing to receive information on the proposal at the regular meeting on September 6, 2016. Eleven speakers, representing residents, MOST, the Gerstle Park Neighborhood Association, and San Rafael Heritage, spoke in support of the proposal. Correspondence was received from six parties in support of the proposal. A petition supporting the proposal and signed by over 100 members of the public was also submitted. The City Council gave direction to staff for further actions and a report back to the Council on the following issues: • Review a Soils Report. • Review Title Reports for the two parcels. • Contact the residents on adjacent properties to the proposed land for dedication. • Direct the Park and Recreation Commission to hold a hearing on the proposed dedication and to make recommendations to the City Council. • Analyze alternative ownership structures for the proposed dedication. • Determine if there are ADA requirements for access to the proposed dedication. • Quantify the additional maintenance and liability costs to the City of the proposed dedication. SAN RAFAEL CITY COUNCIL AGENDA REPORT I Page: 3 ANALYSIS: 1. Relationship to San Rafael General Plan 2020 As noted above, the General Plan 2020 designates the two lots in the "Hillside Residential" land use category. The contiguous Oakwood Open Space is designated "Open Space." If the offered lots were accepted for permanent open space, the policies and programs of the General Plan 2020 Open Space Element would be relevant. The following are key Open Space Element policies and programs to consider in this offer: Policy OS -1. Open Space Preservation. Preserve, through a variety of methods, the open space areas identified in the Inventory of Potential Open Space Sites (See Appendix I). Retain and protect open space areas that serve as delineators between neighborhoods and between adjacent communities, as wildlife habitat, and as visual assets for the community. Open space areas can also function as connections between neighborhoods, for example with the creation of pathways in environmentally appropriate areas. Response: Overall, the City of San Rafael has done a good job in preserving land in permanent open space. The City contains over 3,285 acres of land in permanent open space, along with an additional 7,300 acres of permanent open space within the City's planning area. The Oakwood Open Space that is contiguous to the subject lots was preserved through the development review process. This open space provides wildlife habitat and a pathway connection between neighborhoods, and serves as a visual backdrop to several neighborhoods. The subject lots are not on the inventory of potential open space. Program OS -1b. Preservation Opportunities. Through the development review process, preserve open space areas identified on the Open Space Inventory. Encourage the dedication of open space areas that are adjacent to public open space. Possibilities also include acquisition of fee title or requiring easements for preserving open space. When potential open space is not contiguous to existing public open space, the preference is to retain open space in private ownership.... Response: The City's development review process for creating the two subject lots resulted in securing the contiguous Oakwood Open Space. As this policy encourages the dedication of open space areas that are adjacent to public open space, preserving the subject lots and accepting a dedication in -fee title would be consistent with this policy. Program OS -2a. Open Space Management Plan(s). Establish a committee with representatives from neighborhood associations, environmental organizations, user groups and other stakeholders to prepare an open space management plan. The management plan should address appropriate access points, parking areas, public information signage, trail extensions, restoration of erosion and other degraded areas, and guidelines for the location of amenities such as picnic tables and benches... Response: To date, the City has not developed or adopted an open space management plan. At present, the City does not provide any active maintenance of City -owned open space, including Oakwood Open Space and this practice is not likely to change in the short-term. Policy OS- 3. Open Space Use. Protect and preserve the natural value of open space and wildlife habitat areas while permitting educational and recreational uses compatible with these resources. Specific use objectives include: a. Open space areas should be maintained in a natural state. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 b. Open space areas are a community resource for use and enjoyment by the residents of San Rafael. c. Uses of open space areas shall be secondary to open space preservation, and limited to those uses with a minimal impact on the environment. Response: The preservation of the subject lots would be consistent with this policy and would ensure that the lots will stay in a natural state. Policy OS- 4. Access to Open Space. Encourage provision of access to open space areas in the design of adjacent development. Secure access paths shown on Exhibit 34 as part of subdivision approvals and design access paths to avoid or minimize neighborhood and user conflicts with sensitive wildlife habitat areas. Response: Exhibit 34 identifies the terminus of Greenwood Avenue as a potential access to the Oakwood open space. The preservation of the subject lots would memorialize this access for public use. At present, the sole access to the Oakwood Open Space from this location is through the subject lots. Should the lots be accepted for permanent open space, there will be the potential for increase in use, which typically brings an increase in traffic, parking, pedestrian and biking use. In addition to the Open Space Element, the General Plan 2020 Safety and Housing Elements should be considered in reviewing the proposal. First, the City's resource maps that support the Safety Element identify that the lots are located in an area of slope instability. A site inspection found steep slopes with some signs of erosion and failure along the edges of the graded trail. This characteristic is common to hillsides in San Rafael. Second, preserving these lots as open space would eliminate them from the City's inventory of vacant residential lots that support new housing opportunities. As noted above, these lots are the only lots in the Oakwood Subdivision that are vacant. Should the City accept this offer of dedication, several follow-up actions will be required. An amendment to the General Plan Land Use Map will be required to change the land use designation from the current Hillside Residential to Parks/Open Space (P/OS). Second, a rezoning of the two lots would be required to change the current R -1a -H District to P/OS District. Lastly, a lot consolidation would need to be recorded to combine these lots with the contiguous Oakwood Open Space. 2. Current Policy on City Acceptance of Land In Fee Title: About 20 years ago, the City changed its policy (unwritten) regarding the acceptance of in -fee title offers of land for permanent open space and parkland. This policy change was largely due to an increase in the City's liability associated with accepting land with slope hazards (landslides/unstable sloped) and fire hazards (limited ability to provide adequate vegetation management), as well as reduced enforcement (policing use and encampment abatement). As the City is now self-insured, the liability exposure is even higher. In recent years, permanent open space has been secured through easements with the underlying fee title to such property retained in private ownership. This current policy has even been applied to the more recent rejection of active park land (e.g. Village at Loch Lomond Marina publicly -accessible shoreline park). Historically, when potential open space land has been deemed to be of County -wide significance and contiguous to County -owned open space, fee title was transferred to the County of Marin. As the 30+ acre Oakwood Open Space is isolated and not contiguous to County open space, the County would not SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 be an available steward. The proposal for the City to accept the subject lots in fee title would not be consistent with the current unwritten policy. 3. City Staff Review and Summary: City staff from Community Services, Police, Public Works, Fire, City Attorney's Office and Community Development met to discuss the proposal, the City's current policies and the property conditions and characteristics. The following is a summary and outcome of City staff review: Accepting an offer of dedication in fee title would NOT be consistent with City's unwritten policy that has been followed for many years. If City were to accept the proposed offer, such acceptance might NOT compromise or conflict with our longstanding policy in that: o 1) the two subject lots are contiguous to what we already own and manage; o 2) dedication of these lots would be a 10% land addition to the current Oakwood Open Space holdings (33+ acres) of the City; 0 3) these lots serve as City/public access to City -owned public open space; and o 4) the City already has utility infrastructure and access easements on these lots which the City maintains. Further, the preservation of these lots and acceptance of ownership in fee title would be consistent with Open Space Element Program OS -1 b (Preservation Opportunities) in that these lots are contiguous to open space land that is presently owned by the City of San Rafael. The addition of the proposed properties will increase City responsibility for vegetation management; property management, security, and enforcement, requiring more staff and resources or alternatively, proportionately fewer resources for existing open space holdings. The neighboring property owners and residents should be contacted to inform them of this offer of dedication. Should the lots be accepted for public open space, open space access signs may be posted, which could increase usage and parking at the terminus of Greenwood Avenue. The Parks & Recreation Commission should review the offer and provide a recommendation to the City Council. 4. Response to City Council Issues The City Council in its informational review on September 6, 2016, directed staff to return with more information on the following issues: A. Review of Site Geology and Soil Conditions The City received a copy of the geotechnical investigation (Geotechnical Investigation Lee Property Development- San Rafael, Miller Pacific Engineering Group, May 29, 2002), which was commissioned by the property owner and prepared in 2002. This investigation was prepared to assess the site geology and soil conditions and to present recommendations for lot grading and development. Included in the investigation are the results of soil sampling and test borings, as well as documentation of observed slope stability and landslides. The following is a summary of the investigation findings: • The report notes that there are areas of sluffing along the cut banks of the graded trail, but the condition is not critical. This sluffing is apparent when walking the trail and was created as a result of the grading for the trail. • There is one slide at the south end of the upper lot (Lot 22A), which extends 50 feet up the slope. This slide is localized. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 There is a larger slide upslope on the City -owned Oakwood Open Space. Based on the geotechnical engineer's observation, the potential for rapid slide movement and debris avalanches associated with the small slide on Lot 22A and larger slide located on the City -owned Open Space is not high. However, the report notes that there were no other observations of slope instability except that creep forces (slow movement) may exist. The recommendations presented in the report are focused on and specific to measures for grading and construction. While there are no recommendations that are specific to separate slope or landslide repair for addressing life/safety, the report recommends the installation of a debris flow catchment basin at the base of the drainage swale that is between the two subject lots. The purpose of the basin is to catch debris to reduce the risk of damaging planned improvements on these lots and downslope property. The Public Works Director has reviewed the above findings and recommendations of the investigations. As the recommended debris flow catchment basin is primarily recommended for the benefit of protecting the improvements resulting from lot development, its need is not critical if the lots are not developed. The Public Works Director suggests that the City can provide localized maintenance of the sluffed areas with periodic "touch-ups," as necessary to ensure there is a clear water path on the upslope of the dirt road. The cost of installing the debris flow catchment basin will far exceed its value as the greater slide area that is upslope of these lots is on City -owned Open Space, where the City presently holds liability. The Soils Report appears as Attachment 3. B. Review of Preliminary Title Report The City received a copy of the Preliminary Title Report, prepared by Stewart Title of California (July 6, 2016), included in this Report as Attachment 4 The two lots are encumbered by a number of easements for varying purposes. The City Attorney's Office reviewed the Report and the documents referred to therein, and determined no outstanding title issues exist. C. Outreach to Residents of the neighboring properties to the subject parcels The community was notified of the Park and Recreation Commission meeting through posting of the meeting Agenda, direct mail to MOST and the donors, Gerstle Park Neighborhood Association web site and membership distribution, along with social media. A notice of the October 3, 2016 City Council Meeting with invitation to attend and/or contact City staff regarding issues or concerns, was mailed to addresses within 300 feet of the subject properties. The Notice was mailed on September 21, 2016. Response and additional correspondence is attached to this report as Attachment 5 and will be updated if necessary at the City Council Meeting. To date no issues have been raised by immediate neighbors to the subject properties, nor has the City received expressed opposition to the proposal. City staff directly contacted two of the immediately contiguous properties downslope from the subject lots (owners of 169 Greenwood Avenue and 14 Sierra Circle). Neither property owner is opposed to the City's acceptance of these lots for open space or the memorialization of public trail access. Further, neither property owner reported any problems of slope instability. However, the property owner of 14 Sierra Circle noted that he installed a debris catchment basin a number of years ago to provide protection from the inactive slide that is located on a SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 portion of the upper Greenwood Avenue lot (referenced above). The property owner noted that catchment structure has worked well and there has been no slide activity for many years. D. Ownership Structure MOST responded to the Council inquiry regarding alternative ownership structures to the City receiving full title. The copy of their response is attached as Attachment 6. MOST is not a land management entity. It has no legal or organizational capacity to hold fee title to the subject properties or maintain it going forward. Marin County Open Space District (MCOSD) is the only public entity identified qualified to hold fee title and manage open space lands. In the past the District has accepted dedication of Open Space from the City of San Rafael where such land is contiguous to land already held by the County. The subject properties do not meet that criterion. Transfer of ownership to MCOSD is not a viable option. Marin Agricultural Land Trust (MALT) operates within an ownership model that partners with LLCs who hold title to agricultural lands. The LLCs, ranchers and farmers for instance, deed over the development rights to their properties to MALT, which in turn exercises those rights to preserve the lands for future public use. MOST does not have the capacity to hold development rights. The donors of the subject properties are not willing to take title and grant a public easement over the property, as this option requires the individuals, or possibly an LLC, to accept liability for the management and maintenance of the property in addition to the tax liability on the two parcels. In the recent past, there have been examples of Special Assessment Districts (Sun Valley), Lighting and Landscape Districts, (Peacock, Glenwood, Loch Lomond neighborhoods) and a Mello -Roos District (Village at Loch Lomond developer) formulated to purchase property, install and maintain median landscape, and maintain public areas such as in the new amenities within the Loch Lomond development. These user assessment models are subject to 66% voter approval within the defined assessment areas. They have far reaching community interest and value, and add priority improvements to the assessment areas. The subject properties are much smaller in scale and community impact. They increase the existing Open Space held by the City by less than 10%. There are no significant improvements required or requested by the community to continue access to the Oakwood Open Space. To date no constituency or organization has approached the City with interest in ownership or financial support to offset the City costs for liability and maintenance of the subject properties. If the City is not prepared or willing to accept the offer of dedication from MOST in its current structure, MOST will withdraw the offer. The subject properties will remain in private ownership and subject to development. E. ADA Access Requirements No improvements are anticipated to the subject properties if accepted by the City, with the exception of signage. No required ADA access requirements are triggered by the change in ownership. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 F. Estimated Liability and Maintenance Costs The City has no formal management infrastructure for Open Space. Police, Fire, and Public Works Departments respond to emergency calls for service in Open Space. There is no landscape or environmental remediation on Open Space lands, unless there is impact on surrounding properties. The Wild Land Urban Interface program, under San Rafael Fire Department, for example, addresses fuel reduction defensible space on Open Space, with adjacent property owners. The Police Department seasonal Park Rangers survey Open Space areas for encampment activity. Public Works performs routine annual clean outs of City drainage systems in Open Space, including the catch basin on the utility easement across the subject properties. These functions are currently absorbed in the budgets of the three departments. The addition of 3 acres to the existing Oakwood Open Space will minimally, if at all affect the cost of the current levels of service. Acceptance of the dedication of the subject lots will potentially expose the City to additional liability. However, there is no history of claims against the current owner for impacts to adjacent properties, nor is the City aware of information that any interface on the subject properties resulted in injury or damage. There is no indication that the acquisition will impose substantial additional liability risk or cost. 5. Commission Review The Park and Recreation Commission convened on September 15, 2016 and held a hearing on the proposed dedication. There were 26 members of the public in attendance for the hearing. MOST made the presentation on the proposal. Statements of support were made by 8 residents. Correspondence was received from 11 proponents of the proposal. There were no comments or correspondence received in opposition to the proposal. At the conclusion of the discussion the Commission voted unanimously to recommend acceptance of MOST's in fee dedication of the land to the City of San Rafael. The Minutes of the Park and Recreation Commission Meeting, September 15, 2016 are included in this report in Attachment 7. Staff concludes the dedication of the two vacant lots at the terminus of Greenwood Avenue will not significantly impact the City financially and, by supplementing the existing Oakwood Open Space, will benefit the public with direct and legal access to the Open Space while preserving the environmental and recreation value of the property. The proposal has support of neighbors, community residents, and three community organizations: the Gerstle Park Neighborhood Association, San Rafael Heritage, and the Marin Conservation League. The Park and Recreation Commission recommends that the City accept the proposal for dedication of the land for permanent open space. No opposition to the proposal has been expressed. FISCAL IMPACT: The offer of land dedication and property transfer tasks would be of negligible cost to the City. However, with this action, the City would accept the legal liability and maintenance responsibilities for these lots, a minimal increase of City resources as described above. At this time, it is uncertain whether there would be a longer-term fiscal impact on the City. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 OPTIONS: The City Council has the following options to consider on this matter: 1. Approve the Resolution 2. Request an extension of the MOST proposal and direct staff to return with more information 3. Reject the proposal RECOMMENDED ACTION: Staff recommends that the City Council approve the attached Resolution Accepting the Offer of Dedication from Marin Open Space Trust of Two Vacant Lots at the End of Greenwood Avenue, APNs 012-320-01 and -10, to the City in Fee for Permanent Open Space; Authorizing the City Manager to Execute, on Behalf of the City, all Documents Required to Effectuate Such Conveyance; and Directing Staff to Initiate Corresponding Amendments to the City's General Plan and Zoning Ordinance. ATTACHMENTS: Resolution Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Greenwood Avenue Lots, Vicinity Map, Aerial Phot of Lots, Oakwood Subdivision Map, Assessor's Parcel Map Letter to the City of San Rafael from MOST Summarizing Offer of Dedication, July 20, 2016 Soils Report, Geotechnical Investigation Lee Property Development -San Rafael, Miller Pacific Engineering Group, May 29, 2002 Title Report, Preliminary Title Report, prepared by Stewart Title of California, July 6, 2016 Correspondence to the City Council and the Park and Recreation Commission and Meeting Notice MOST Response to City Council Minutes, Park and Recreation Commission, September 15, 2016 Pages 1-5 RESOLUTION NO. 14211 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING THE OFFER OF DEDICATION FROM MARIN OPEN SPACE TRUST (MOST) OF TWO VACANT LOTS AT THE END OF GREENWOOD AVENUE, APNS 012-320-09 AND -10, TO THE CITY IN FEE FOR PERMANENT OPEN SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, ALL DOCUMENTS REQUIRED TO EFFECTUATE SUCH CONVEYANCE; AND DIRECTING STAFF TO INITIATE CORRESPONDING AMENDMENTS TO THE CITY'S GENERAL PLAN AND ZONING ORDINANCE WHEREAS, the Oakwood Subdivision in the Gerstle Park Neighborhood was recorded in 1987; and WHEREAS, the City accepted a donation of 33 acres of the Oakwood Subdivision for permanent Open Space; and WHEREAS, of the 47 residential parcels in the Oakwood Subdivision, all but two were developed and sold; and WHEREAS, the undeveloped, Lots 2 1 A and 22A, comprise approximately 3 acres located at the terminus of Greenwood Avenue and contain a fire road and a footpath; and WHEREAS, the foot path is utilized by the public to access the City -owned Oakwood Open Space contiguous to Lots 2 1 A and 22A; and WHEREAS, Marin Open Space Trust (MOST) received an offer of donation of Lots 21A and 22A and now proposes to transfer title, in fee, to the City of San Rafael for use as permanent open space as part of the Oakwood Open Space; and WHEREAS, the dedication proposal was reviewed by the City Council at a regular meeting on September 6, 2016; and WHEREAS, the Park and Recreation Commission reviewed the proposal at a regular meeting on September 15, 2016, and recommended acceptance of the dedication by the City Council; and WHEREAS, the public comments at those public meetings, and correspondence prior and after, were unanimously in support of the City accepting the proposed dedication; and WHEREAS, staff of the Police, Fire, Public Works, Community Development, Community Services and City Attorney's Office deemed the acceptance of the donation to be of minimal impact to City resources. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Council hereby accepts the offer of dedication from Marin Open Space Trust (MOST) of two vacant lots at the end of Greenwood Avenue, A.P.N.'s 012-320-09 and -10, to the City in fee, for permanent open space. 2. The City Manager is hereby authorized, on behalf of the City, to execute all documents required to effectuate such conveyance. City Staff is hereby directed to initiate any amendments to the City's General Plan and Zoning Ordinance required as a consequence of the dedication of the parcels to the City for permanent open space. I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on October 3, 2016 by the following vote to wit: AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin oe ESTHER C. BEIRNE, City Clerk RECORDING REQUESTED BY: 11 Stewart Title of California, Inc. 11/ [-a re -c v -L h,-7 c - WHEN RECORDED MAIL TO: MAIL TAX STATEMENT TO: The Ciy of San Rafael 1300 Fifth Avenue San Rafael, CA 94901 ORDER NO. ESCROW NO. 01180-202165 APN: 012-320-09 & 012-320-10 `017-0001 aa4 Recorded Official Records County of Marin RICHARD N. BENSON Assessor -Recorder County Clerk 01:53PM 10 -Jan -2017 REC FEE 0.00 KS Page 1 of 5 SPACE ABOVE THIS LINE FOR RECORDERS USE GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) R&T 11922 GC 27383 DOCUMENTARY TRANSFER TAX is: $' CITY TAX $" Monument Preservation Fee is: $` computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale. Unincorporated area: ` City of San Rafael FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Vincent H. Lee, a married man, as his sole and separate property e -g da--, hereby GRANT(S) to The Ziy-of San Rafael, a municipal corporation M the following described real property in the City of San Rafael, County of Marin, State of California: Fi3n P1ErRMIIAHENT OPEC\! SPACE SEE EXHIBIT "A" ATTACHED HERETO and EXHIBIT "B" ATTACHED HERETO Date: Dece Ker 19, 2016 Vincent H. Lee ,2—i_4=, -?t File No.: 01180-202165 Grant Deed Sale BP SCE U MAILTAX STATEMENTAS DIRECTEDABOVE Page 1 of 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of d�e� County of `)�L� (,c i- f 1" Q . % 0--q 10-016 before me JckC- tx • ��CCa Notary Public personally appeared ` V L4L eil[ f H , 4–ex-- , who proved to me on the basis of satisfactory evidence to be the person(&), whose name) is/afe subscribed to the within instrument and acknowledged to me that he/ -ahefthey executed the same in his/heFAheir authorized capacity(tes), and that by his/her/their signature on the instrument the person N or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature U (seal) `;"'��• JACKIE L. SOCCABELLA !� • � °-1 COMM. #2100322 M `' •`` gg� NOTARY PUBLIC - CALIFORNIA A 5t;r LU MARIN COUNTY � fR;Sii. fr My Comm. Expires Feb. 18, 2019 t�,..y..w..,n,.,.,,..V...r,...,,,...r,..,..�,. File No.: 01180-202165 Page 2 of 3 Grant Deed Sale BP SCE EXHIBIT "A" LEGAL DESCRIPTION Lots 21A and 22A, as shown upon that certain Parcel Map entitled "Parcel Map Showing Lot Line Adjustments of Lots 18 through 22 of Map of Oakwood Unit 2, filed in Book 19 of Maps, at Page 11, etc., City of San Rafael, County of Marin, State of California", filed for record September 14, 1988 in Book 24 of Parcel Maps. at Paae 29, Marin County Records. File No.: 01180-202165 Page 3 of 3 Grant Deed Sale BP SCE RECORDING REQUESTED BY - Stewart T le of California, Inc. WHEN RECORDED MAIL TO MAIL TAX. STATEMENT TO: The Ciy of San Rafael 1300 Fifth Avenue San Rafael, CA 94901 ORDER NO. ESCROW NO. 01180-202165 APN: 012-320-09 & 012-320-10 0/7- 460/9-7" STEWARTUifiX Qf CALIFORNIA here byy((cet► b a VLjkand cokBy SPACE ABOVE THIS LINE FOR RECORDERS USE GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is: $• CITY TAX $• Monument Preservation Fee is: S' computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale. ' Unincorporated area: • City of San Rafael FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Vincent H. Lee, a married man, as his sole and separate property hereby GRANT(S) to The Ciy of San Rafael, a municipal corporation the following described real property in the City of San Rafael, County of Marin, State of California FOR PERMANENT OPEN SPACE SEE EXHIBIT "A" ATTACHED HERETO and Date: Dece er 19, 2016 Vincent H. Lee F'de No 01180.202165 Grant Deed Sale BP SCE EXHIBIT "B" ATTACHED HERETO MAIL TAX STATEMENT AS DIRECTED ABOVE Page 1 of 3 A notary public or other officer completing this certificate verifies only the Identlty of the Individual who signed the document to which this certificate II Is attached and not the truthfulness, accuracy, or validity of that document. State of '✓ ,t ( �" / ( - ! 1c( e'_ County of ` ) k /t. i r 1- On �� "Z �� '=� G before me J<kc ' c L Oc fC a. bi-L l)&.. Nolary Puhlir. nersnnaliv annuarcrl I+, Ij-k N who proved to me on the basis of satisfactory evidence to be the person(s), whose nameN is/are subscribed to the within instrument and acknowledged to me that he/ -sheithey executed the same in his/herftheir authorized capacity(tes) and that by his/her/their signatureN on the instrument the person (s) or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ignature Ito k-,( File No 01180-202165 Grant Deed Sale BP SCE fi c c ttSL 0111 (seal) JACKIE L. t30CCABELLA COMM. #2100322 m NOTARY PU[1LIC - CALlFCRNEA -Wj MARIN COUNTY -+ 1 '45 My Comm. Expkee Feb. 18, 2019 Page 2 of 3 EXHIBIT "A" LEGAL DESCRIPTION Lots 21A and 22A, as shown upon that certain Parcel Map entitled "Parcel Map Showing Lot Line Adjustments of Lots 18 through 22 of Map of Oakwood Unit 2, filed in Book 19 of Maps, at Page 11, etc., City of San Rafael, County of Marin, State of California", filed for record September 14, 1988 in Book 24 of Parcel Maps. at Paae 29, Marin County Records. File No 01180-202165 Page 3 of 3 Grant Oeed Sale BP SCE stewart title- January 12, 2017 The Ciy of San Rafael 1300 Fifth Avenue San Rafael, CA 94901 RE: Escrow No. 01180-202165 PropertyAddress APN: 012-320-09&012-320-10, San Rafael, CA Stewart Title of California, Inc. 300A Drakes Landing Rd, Suite 100 Greenbrae, CA 94904 Phone (415) 461-7474 Fax The above escrow closed on January 10, 2017; in connection therewith we enclose the following: Check in the amount of $181.54 Final Closing Statement (PLEASE RETAIN FOR TAX PURPOSES) Recorded documents to which you are entitled will be mailed to you by the County Recorder's Office. Any other documents to which you may be entitled will be forwarded to you as soon as they are available COUNTY TAXES ON REAL PROPERTY ARE DUE AS FOLLOWS: First installment due November 1st and delinquent after December 10th - and Second installment due February 1 st and delinquent after April 10th. If you do not receive a Tax Bill one month prior to the due date, please contact your County Tax Collector. Thank you for the opportunity to be of service to you in this transaction. We look forward to working with you again. Sincerely, Stewart Title of California, Inc. Deana Jerejian Branch Operations Manager A R-4 r-5 F5CY30i Escrow No.: 01180-202165 Page 1 of 1 Close Letter Buyer 1 BP SCE Al T'ACHMENS' 1 Greenwood Avenue Lots Vicinity Map, Aerial Phot® of Lots, Oakwood Subdivision Map, Assessor's Parcel Map 7/20/2016 SanRafad 13251.94x9659.42 (ft) K: —, Y: -- 1 feature(s) selected on 1 byer(s) httpJ/gis.city.local/sarrafael/ 1/1 N �U _O �U N .� PO Li Pl-r H GREEN p -it_ -C70 AVE ST eND AVE - Lots I th"a 17 "GlDlrin8d' U M Ir LO-rS 18 iiiir#All "GreemjocA Unit S Lots 23 21 Uepe-ir OV)SI QIP Onir5 4$j with L o -r 5 26 tkrq 3Z P -44'a vt aa to fv%', game 131010 1 Preserve Areas hots -6%r Wklc-� Design Review goes to PI&VIVII'VJ) comNistlon oe� FO cr.ESP' Ox (ORI Mat '34A -j Y W. CSo'�c yew / A ,r� \�'�v�`". Dr J12 0 100 200 300 400 500 �9c Sr -AL -E IN FEET Z. pk,dzfv.la by Savi AILkel elpAn,vii, DeYOA'C'ryt)CYlT 3/3/97 .3.37 Miis NlApy-d4-IeCTS L6T- Cov)-J�OI&vix-rion as 0-�- 1/21/0'7 J^0TA K V IWA� MAP F5 13 2 Eel W� Baa. QakwoodUnit2, R.M B*. 19-P9.11 --- 01 rax Rate Area 8-000 i2 - CITY OF SAN RAFAEL Assessor's Map Bk. I2—Pg.32 County of Marin, Calif. ATTCHMENT 2 Letter to the City of San Rafael From Most Summarizing Offer of Dedication, July 20, 2016 Board Members Bill Long, Chair David Hansen, Vice Chair Ralph Mihan, Secretary Ann Thomas, Treasurer Joyce Applen, Member Jonathan Braun, Member Don Dickenson, Member -Marin Open Space Trust James Schutz, City Manager, City of San Rafael July 20, 2016 The Marin Open Space Trust (MOST) had been contacted to assist in the acquisition of two undeveloped lots at the end of Greenwood Ave, referred to as the Makin Grade lots, in San Rafael. The MOST Board authorized the entering into an Offer to Purchase for $399,000 the two lots from the seller (Lee) and deposited $20,000 to secure the offer. The offer expires 90 days from July 7. The funding for the acquisition is from a neighborhood source and MOST is picking up the related acquisition costs. MOST desires to transfer the lots to the City, free of any costs, at the close of escrow, to add to The City's adjoining existing Open Space. ADVISORY COUNCIL Al Boro Al Baumann Barry Spitz Connie Serto Dan Rheiner Dennis Scremin Douglas Ferguson Fran Brigmann Gail Wilhelm Gary Giacomini Jared Huffman Jean Starkweather Jeff Saperstein Fred Kanter Samaria Jaffee John Leonard John Leydecker Ron Miska Liza Crosse Karen Wilson L. Martin Griffin Leland Jordan Linda Novy Michael Dvbeck Mimi Newton Patty Garbarino Sharon McNamee Susan Ives Susan Stompe George Brewster. Tom Forster Terry Toner Ideally MOST would like to have title transfer to the City in a three party closing of escrow. MOST has done that with the Marin County Open Space District for the acquisition of the Pacheco Meadows addition to the Loma Verde Open Space Preserve. Title passed directly from the private seller to the County while MOST deposited the purchase price into the escrow. MOST looks forward to a timely acceptance of title by the City to the lots. Please advise if there is anything further that MOST needs to do to complete this transaction. Bill Long, Board Ch� cc Ralph Mihan, Board Secretary Don Dickerson, Board Member www.marinopenspacetrust.org 415-884 2270 P.O. Sox 4133 San Rafael, CA 94913 "SAVXX(3 1424R_191_,� OPEN SPACE" At no acquisition cost to the City, acquire two undeveloped lots on Makin Grade to add to the contiguous San Rafael Open Space above Greenwood Avenue, providing neighborhood trail access to open space along the historic route of the San Rafael- Bolinas stagecoach line. The lots (3.11 acres) will be acquired by the Marin Open Space Trust (MOST) and conveyed directly to the City at close of escrow as an addition to the existing City Open Space lands (30.35 acres). II History of the sale of the lots: The lots were purchased by the present owner (Lee) in 1999 for $450,000. He sold the lots for $730,000 in 2006 just before the real estate market crash of 2008 but that sale resulted in a default and Lee took title back and put the lots back on the market again. With the lots on the market on and off for over 16 nears, the seller became very anxious to sell them and in June reduced the price to $399,000. With this recent reduction, the neighbors who have long sought to preserve the property's natural beauty, ecological values and historic resources decided that this opportunity should not be ignored. Realizing that the City was not in a position to purchase the land, the neighbors contacted MOST to assist in the acquisition. In 2010 the neighborhood and other City residents met a number of times to discuss how to retain public access along the old stagecoach route that runs through the lots, referred to as the Makin Grade trail, as well as the possible acquisition of the properties to enhance the existing open space. The neighbors approached the City and were advised that the Makin Grade Trail was under private ownership per Paul Felton's Oakwood Subdivision Agreement and the City did not have the money to purchase the lots. MOST has entered into a contract to purchase with the present owner (Lee), the purchase to be completed within 90 dans from the execution (July 7) of the contract to purchase. MOST intends to transfer title to the City at the closing of escrow. V. Source of Funding: Gerstle Park neighbors have provided the initial deposit of $20,000 to secure the right to purchase and have committed to the funding of the purchase price of $399,000. MOST has agreed to cover the transaction costs related to the acquisition. VI. Reasons for seeking to preserve the land: a. It is directly contiguous to adjacent existing 30.38 acres of City Open Space Lands. (See attached map) b. It is a logical addition to existing City Open Space at no acquisition cost to the City. This would be in accord with City's 2020 General Plan (See V below) c. It will preserve the land for public use. The land contains portions of a very frequently used trail (Historic Makin Grade) that is directly linked to the existing City Open Space trail network. The trail network is used extensively by neighbors and other City residents enjoying the City Open Space lands and Gerstle Park itself. (See attached map.) d. It will preserve the wildlife activities both on the property and on the adjacent existing open space and biological reserves. Wildlife observed in the area include spotted owl, gray fox, coyote, bobcat, deer, pileated woodpecker, winter wren, Wilson and orange crowned warblers, red -shouldered hawk and numerous other species. e. It will prevent disruptions that would otherwise occur. The property is steeply sloped and any construction would be extremely disruptive to the natural terrain, cause severe degradation of the existing flora and disruption of the abundant fauna living on or foraging on the lots. Acquisition would preserve a pristine natural canyon including an ephemeral stream natural watercourse. Vii Citv 2020 General Plan The San Rafael 2020 General Plan in subsection OS -1b Preservation Opportunities provides in pertinent part: ".... Encourage the dedication of open space areas that are adjacent to public open space. Possibilities also include acquisition of fee title or acquiring easements for preserving open space....." (The complete subsection is attached.) Vlll Public Utilities Makin Grade Trail contains existing public sewer lines and a storm drain culvert and storm drain pipes linked to Greenwood Ave pipes and storm drains. IX History The two lots are an integral part of the historic Makin Grade Stagecoach Road that once ran from San Rafael to the town of Bolinas. The stagecoach road was established about 1878. From Bolinas it made its way over many ridges and eventually through what is now the town of Ross. It then ran along a portion of present day Laurel Grove Ave then across the Makin property.* From there it wound up Makin Grade Road in Ross (now a street in Ross) and then across Upper Toyon and down what is the present last remnant of the unpaved Makin Grade Stagecoach Road (now a hiking trail) to Greenwood Avenue. (On Greenwood it passed what was at one time the Bowen & Goert San Rafael Brewery. * ) The stagecoach road then followed along portions of what are now Madera, Clorinda, Reservoir, and Ross St, then up D Street to stables near San Rafael's main street, 4t" Street. NOTE: As Makin Grade Road comes down from the ridge it crosses the two lots that are the subject of this acquisition. * The Makin Family, the granddaughter of the famed James Ross, pioneer of the Ross Valley, gave permission for the stagecoach road to cross their land. Hence the name Makin Grade was given to the stagecoach road. ** See attached map of 1878 showing the location of the brewery. San Rafael 2020 General Plan OS -1b. Preservation Opportunities. Through the development review process, preserve open space areas identified on the Open Space Inventory. Encourage the dedication of oven space areas that are adjacent to public open space. Possibilities also include acquisition of fee title or acquiring easements for Preservina open space. When potential open space is not contiguous to existing public open space, the preference is to retain the open space in private ownership_ When portions of a site are retained as private open space, ensure the preservation and management of that open space through appropriate means, including required maintenance, as determined though development review. Work with other public and non-profit agencies to identify sources for acquisition and maintenance of open space. Responsibility: Community Development, Public Works, City Manager Timeframe: Ongoing Resources: Fees, Grants, Donations, Bonds \J1 ATTCHMENT 3 Soils Report Geotechnical Investigation Lee Property Development — San Rafael, Miller Pacific Engineering Group, May 29, 2002 504 Redwood Blvd. Suite 220 Novato, California 94947 T 415 1382-3444 F 4151382-3450 GEOTECHNICAL INVESTIGATION LEE PROPERTY DEVELOPMENT SAN RAFAEL, CALIFORNIA May 29, 2002 Job No. 912.01 Prepared For: Vince Lee 74 Grove Lane San Rafael, California CERTIFICATION This document is an instrument of service, prepared by or under the direction of the undersigned professionals, in accordance with the current ordinary standard of care. The service specifically excludes the investigation of polychlorinated byphenols, radon, asbestos or any other hazardous materials. The document is for the sole use of the client and consultants on this project. No other use is authorized. If the project" changes, or more than two years have passed since issuance of this report, the findings and recommendations must be updated. MILLER PACIFIC ENGINEERING GROUP (a California corporation) Ian A. Maclean Civil Engineer No. 61721 (Expires 6/30/05) �-.,,t/lichael J. Dvo6r Certified Engineering Geologist No. 782 (Expires 3/31/03) REVIEWED BY GEOTECHNICAL INVESTIGATION LEE PROPERTY DEVELOPMENT SAN RAFAEL, CALIFORNIA TABLE OF CONTENTS I. INTRODUCTION Page 1 A. Purpose and Scope of Services 1 B. Previous Site Geologic and Geotechnical Reconnaissance 1 II. PROJECT DESCRIPTION 3 III. SITE CONDITIONS 4 A. Regional Geologic Setting 4 B. Previous Regional Geologic Studies 4 C. Aerial Photograph Interpretation 4 D. Site Geology 4 E. Seismicity 6 F. Geotechnical Exploration and Subsurface Conditions 8 G. Laboratory Testing 9 H. Groundwater 9 IV. GEOLOGIC HAZARDS EVALUATION 10 A. Summary 10 B. Fault Surface Rupture 10 C. Seismic Shaking 10 D. Lurching and Ground Cracking 11 E. Liquefaction Potential and Related Impacts 12 F. Erosion 12 G. Expansive Soils 12 H. Settlement 13 I. Flooding 13 J. Slope Stability 13 K. Debris Flow 14 V. CONCLUSIONS AND RECOMMENDATIONS 15 A. Conclusions 15 B. Seismic Design 15 C. Site Grading 15 D. Site Drainage 17 E. Crawlspace and Foundation Drainage 18 F. Foundation Recommendations 19 G. Retaining Wall Design 19 H. Concrete Slabs 22 I. Utility Trench Excavations and Backfill 22 J. Driveway Subgrade Preparation and Pavement Structural Section 23 VI. PLAN REVIEW AND CONSTRUCTION INSPECTION 24 LIST OF REFERENCES 25 FIGURES Site Location Map Figure 1 Site Plan 2 Active Fault Map 3 Typical Hillside Fill Construction 4 Typical Subdrain Detail for Buttress Keyways and Benches 5 Typical Foundation Drain Detail 6 Typical Crawlspace Drainage Plan 7 Reinforced Earthwall for Roadway 8 Retaining Wall Backdrain Criteria 9 APPENDIX A, SUBSURFACE EXPLORATION AND LABORATORY TESTING Soil Classification Chart Figure A-1 Rock Classification Chart A-2 Boring Logs A-3 to A-10 GEOTECHNICAL INVESTIGATION LEE PROPERTY DEVELOPMENT SAN RAFAEL, CALIFORNIA I. INTRODUCTION A. Purpose and Scope of Services This report presents the results of our geotechnical investigation for the proposed Lee property development in San Rafael, California. The project site is located beyond the end of Greenwood Avenue in San Rafael. The site location is shown on Figure 1. This report was prepared for the exclusive use of Vince Lee and the design team for this project and site. No other use is authorized without written consent of Miller Pacific Engineering Group. The purpose of our investigation was to explore subsurface conditions and develop geotechnical criteria for design of the residence foundations, driveway extension, and site grading. The scope of our geotechnical investigation included review of stereo -paired air photographs, review of available geologic reports, reconnaissance -level geologic mapping, subsurface exploration with 8 test borings, laboratory testing, engineering evaluation, and development of recommendations appropriate for the project and site. The following geotechnical considerations were addressed: (1) Brief summary of local geology and expected subsurface conditions. (2) Geologic hazards including slope stability and seismicity. (3) Recommendations for site preparation, grading and compaction and imported fill (if needed). (4) Subsurface drainage requirements. (5) Seismic Design Criteria, including 1997 UBC Coefficients and near -source factors. (6) Recommendations for foundation type and design criteria. (7) Criteria for retaining wall design, including active pressures, passive pressure, at -rest soil pressure, and allowable bearing pressures. (8) Preliminary pavement design sections. (9) Recommendations for backfill of utility trenches. B. Previous Site Geoloqic and Geotechnical Reconnaissance We have reviewed previous geotechnical and geologic reports made available to the owner, Vince Lee, by the previous owner of the property. The geologic and geotechnical reconnaissance were conducted for the site as part of a larger development project known as the Oakwood Residential Village in the early 1980's. Donald Herzog and Associates presented slope stability and geologic assessment findings for areas including the subject property in letter reports dated 5/27/83 and 1 3/8/84. Geoengineering, Inc. presented further geotechnical assessment findings in a letter report dated 6/22/87. A complete list of geotechnical and geologic references that were reviewed as part of this report are contained in the References section of this report. K II. PROJECT DESCRIPTION The proposed project consists of developing two hillside lots (Lot 21A and 22A) for residential construction on a 10 -acre parcel, and extending a driveway off the end of Greenwood Avenue to provide access to the lots. The lots range in size from about 16,000 to 27,000 square feet. The proposed new buildings have not yet been designed however we assume they are to be one to two-story, wood -framed with supported wood floors and slab -on -grade garage floors. A site plan showing the lot locations and proposed driveway alignment is shown on Figure 2. Figure 2 is based on the conceptual site plan prepared by the project architect Volkamer Architecture dated May 31, 2000. Building plans have not yet been prepared, but according to the conceptual plan, retaining walls will be used to create level garage and parking areas adjacent to the sloping house pads. The lower portion of the new driveway will follow the old Makin Grade road alignment. The new driveway will be raised above the road grade by excavating into the hillside. Retaining walls up to 11 -feet in height are shown along the uphill and outboard sides of this portion of the driveway. The upper portion of the driveway diverges from the existing road. This portion will utilizing a bridge to span an existing drainage way and retaining walls up to 9 -feet in height are shown along the uphill and outboard sides. 3 III. SITE CONDITIONS A. Reqional Geologic Settinq The project site is within the northern part of the Coast Range Geomorphic Province of California. This region is characterized by northwest- to southeast -trending mountain ranges and intervening valleys. The origin of the Province is closely associated with tectonic activity related to large-scale fault translations between the Pacific and the North American Plates. This fault activity is concentrated along the San Andreas Fault and its numerous related faults. The hilly and mountainous terrain of the Province is typically rugged, of high relief, and comprised of diverse bedrock formations that are often broken, complexly deformed, and subject to various types of landsliding. B. Previous Reqional Geoloqic Studies Rice et al. (1976) prepared geologic and slope stability maps for Central and Southeastern Marin County. This information, which includes the project site, was reviewed by MPEG. The maps show the project to be underlain by sandstone and shale bedrock. They describe this bedrock as mainly thickly bedded, medium- to coarse-grained, with interbeds of dark gray shale. These rocks belong to the Franciscan Complex. This Complex is the predominant bedrock formation throughout the California Coast Ranges. C. Aerial Photograph Interpretation To observe changes in geologic conditions within and close to the project over time, a series of stereo -paired aerial photographs taken between 1950 and 2000, were reviewed. An inventory of these aerial photographs is contained in the References section of this report. D. Site Geoloqv Bedrock Geoloqv - Bedrock exposures in the Makin Grade road cuts along the downslope periphery of the project reveal sandstone in the upper 8 to10 feet to be yellow-brown to pale gray, massively bedded, highly weathered, closely fractured and soft to medium in rock hardness. Shale interbeds within the sandstone were not observed in the road cuts. Soils - With the exception of bedrock exposed in road cuts near the base of the project and in natural and road cut exposures upslope of the project, widespread soil cover is present. Where 4 exposed along the base of the project, these soils are generally about 2 feet thick and are clayey with included gravel -size fragments of weathered sandstone. Due to slope steepness, the soils are probably undergoing some seasonal downslope creep movement. Springs - Seepages or springs were not observed within the area to be developed. Landslidina - A number of cut slope failures were observed along Makin Grade, which runs peripheral to the project on the downslope end. These failures have involved the soil mantle and underlying, weathered sandstone bedrock. The sliding has resulted from overly steep road cuts that range from about 8 to nearly 20 feet in height. With one exception, these slides do not extend upslope more than a few tens of feet from the top of the road cut. The exception is located at the south end of Lot 22A. This slide extends upslope approximately 50 feet and may be a combination of natural slope as well as cut slope failure. It is located outside of the area of improvements as shown on the conceptual plan. Over time, additional cut slope failures may develop and some of these may progress upslope a few tens of feet or slightly more. Areas of landsliding identified during our site geologic reconnaissance are shown on Figure 2. A landslide involving loose fractured bedrock and overlying soil was observed near the headwaters of the drainage course. This slide, located upslope of the project, in the open space property, deposited rock and soil into the drainage course. There is also debris in the upper reaches of the drainage course that appears to be sidecast material from construction of Upper Toyon Drive. Further down the drainage course and within Lot 22A, there is an isolated deposit of landslide debris that has partially blocked the drainage course. This mass is approximately 30 feet long, 15 feet wide, and less than 10 feet in thickness. The presence of these debris deposits suggests that slides travel down the drainage course at some widely separated time intervals. The past failures probably occurred during wetter -than -normal winters when the soil and near surface loose bedrock became highly saturated. The potential for, and return interval of rapidly moving slides or debris avalanches in the drainage course is not known. Based on our field observations, the potential does not appear to be high. Landslides were not observed directly upslope of the building areas, including those areas upslope beyond the lot boundaries. 5 E. Seismicitv The site is located within the seismically active San Francisco Bay Region. It is expected that the site will experience the effects of future earthquakes. Such earthquakes could occur on or near any of several active faults within the region. The California Geological Survey (formerly California Division of Mines and Geology, or CDMG) has mapped active faults in the region (CDMG, 1994). The locations of these faults relative to the project site are shown on the Active Fault Map, Figure 3. An "active" fault (for residential construction purposes) is one that has been active within the last 11,000 years and therefore, is considered more likely to generate a future earthquake than a fault that shows no sign of recent activity. The closest known active faults to the site are the North Coast segment of the San Andreas Fault (approximately 14 kilometers southwest) and the North branch of the Hayward fault (approximately 16 kilometers northeast). A large magnitude earthquake on the North Coast segment of the San Andreas could result in a median peak ground acceleration (PGA) of about 0.36g for the bedrock, resulting in strong ground shaking at the site. Historic Fault Activitv - Numerous earthquakes have been felt in the region within historic times. The results of our computer database search indicate that 31 earthquakes (Richter Magnitude 5.0 or larger) have occurred within 100 kilometers of the site area between 1836 and 2000. Using empirical attenuation relationships, the maximum historic bedrock acceleration (median peak) within the study area is approximately 0.27g. The five most significant historic earthquakes to affect the project site are summarized in Table A. A TABLE A References: Sources: USGS (2001), Iddss (1995) The calculated bedrock accelerations should only be considered as reasonable estimates. Many factors (soil conditions, orientation to the fault, etc.) can influence the actual ground surface accelerations. Significant deviation from the values presented is possible due to geotechnical and geologic variations from the typical conditions used in the empirical correlations. Probabilitv of Future Earthquakes - The historical records do not directly indicate either the maximum credible earthquake or the probability of such a future event. To evaluate earthquake probability in this region, the United States Geological Survey (USGS, 1999) has assembled a group of researchers into the "Working Group on California Earthquake Probabilities" to estimate the probabilities of earthquakes on active faults. Potential sources were analyzed considering fault geometry, geologic slip rates, geodetic strain rates, historic activity, and micro - seismicity, to arrive at estimates of probabilities of earthquakes with a Moment Magnitude greater than 6.7 by 2030. The probability studies focus on seven "fault systems" within the Bay Area. Fault systems are composed of different, interacting fault segments capable of producing earthquakes within the individual segment or in combination with other segments of the same fault system. The probabilities for the individual fault segments in the San Francisco Bay Area are presented on Figure 3. VA SIGNIFICANT EARTHQUAKE ACTIVITY SAN FRANCISCO BAY AREA REGION Historic Median Peak Richter Bedrock Fault Magnitude Year Distance Acceleration San Andreas 8.3 1906 29 km 0.27 g Hayward 6.8 1836 35 km 0.11 g San Andreas 7.0 1838 42 km 0.08 g Rodgers Creek 6.4 1892 67 km 0.04 g Hayward 6.8 1868 48 km 0.06 g References: Sources: USGS (2001), Iddss (1995) The calculated bedrock accelerations should only be considered as reasonable estimates. Many factors (soil conditions, orientation to the fault, etc.) can influence the actual ground surface accelerations. Significant deviation from the values presented is possible due to geotechnical and geologic variations from the typical conditions used in the empirical correlations. Probabilitv of Future Earthquakes - The historical records do not directly indicate either the maximum credible earthquake or the probability of such a future event. To evaluate earthquake probability in this region, the United States Geological Survey (USGS, 1999) has assembled a group of researchers into the "Working Group on California Earthquake Probabilities" to estimate the probabilities of earthquakes on active faults. Potential sources were analyzed considering fault geometry, geologic slip rates, geodetic strain rates, historic activity, and micro - seismicity, to arrive at estimates of probabilities of earthquakes with a Moment Magnitude greater than 6.7 by 2030. The probability studies focus on seven "fault systems" within the Bay Area. Fault systems are composed of different, interacting fault segments capable of producing earthquakes within the individual segment or in combination with other segments of the same fault system. The probabilities for the individual fault segments in the San Francisco Bay Area are presented on Figure 3. VA In addition to the seven fault systems, the studies included probabilities of "background earthquakes." These earthquakes are not associated with the identified fault systems and may occur on lesser faults (i.e., West Napa) or previously unknown faults (i.e., the 1989 Loma Prieta and 1994 Northridge earthquakes). When the probabilities on all seven fault systems and the background earthquakes are combined mathematically, there is a 70 percent chance for a magnitude 6.7 or larger earthquake to occur in the Bay Area by the year 2030. Smaller earthquakes (between magnitudes 6.0 and 6.7), capable of considerable damage depending on proximity to urban areas, have about an 80 percent chance of occurring in the Bay Area by 2030 (USGS, 1999). Additional studies by the USGS regarding the probability of large earthquakes in the Bay Area are ongoing. These current evaluations include data from additional active faults and updated geological data. F. Geotechnical Exploration and Subsurface Conditions Eight test borings were excavated at the site on March 19, 2002 using portable drilling equipment. The boring locations are shown on the Site Plan, Figure 2. The soils encountered were logged and samples were obtained for laboratory testing. The test borings were backfilled with soil the same day they were excavated. The subsurface exploration program is discussed in more detail in Appendix A. A Soil Classification Chart, Rock Classification Chart and Boring Logs are presented on Figures A-1 through A-10 of the Appendix. Borings 1 and 2 were excavated within Lot 22A to provide information for the planned main residence. Borings 3 through 4 were excavated on opposite sides of the drainage course between Lots 22A and 21A to provide information for the planned bridge crossing. Borings 5 and 8 were excavated along the lower portion of the driveway alignment to provide information for planned retaining walls. Boring 6 and 7 were excavated within Lot 21A to provide information for the planned second residence. The subsurface exploration generally confirms the geologic mapping. The soils encountered in the borings generally are shallow and consist of stiff silty and sandy clays that typically range 11 from 1 to 4 feet in thickness. The soils are underlain by variably weathered and fractured to sheared Franciscan Complex bedrock as described above. G. Laboratory Testing Laboratory testing of both disturbed and relatively undisturbed samples from the test borings includes moisture content and dry density. The results of the in-place moisture and density tests are presented on the boring logs. The laboratory testing program is described in detail in Appendix A. H. Groundwater Neither groundwater nor flowing springs were observed in our borings, which were backfilled the day they were excavated. The "ridge" type topography in the vicinity of the proposed residences should limit the presence of groundwater in relatively shallow excavations. However, groundwater levels will likely fluctuate throughout the year and there is some potential for perched water and seepage at the soil/rock interface during or after periods of intense rainfall. IV. GEOLOGIC HAZARDS EVALUATION A. Summary The principal geologic hazards that could potentially affect the site are ground shaking, landsliding, shallow soil creep, erosion and debris flow. These and other geologic hazards that are less likely such as lurching and ground cracking, liquefaction, expansive soils, settlement, and flooding are described below. Geologic hazards, their impacts and recommended mitigation measures are discussed below. B. Fault Surface Rupture The proposed development area is not located within an Alquist-Priolo Earthquake Fault Zone'. We therefore judge the potential for fault surface rupture in the development area to be low. No mitigation measures are required for structures in the development area. C. Seismic Shakino The site will likely experience seismic ground shaking similar to other areas in the seismically active Bay Area. The intensity of ground shaking will depend on the characteristics of the causative fault, distance from the fault, the earthquake magnitude and duration, and site- specific geologic conditions. Estimates of peak ground accelerations are based on either deterministic or probabilistic methods. Deterministic methods use empirical relations developed for rock sites (Abrahamson & Silva, 1997) to provide approximate estimates of median peak ground accelerations. A summary of the active faults that could affect the subdivision, their maximum credible magnitude, closest distance to the site, and probable peak ground accelerations are summarized in Table B. The Alquist Priolo Earthquake Fault Zoning Act prohibits placing most structures for human occupancy across traces of active faults. "these fault zones are shown on maps issued by the Department of Conservation's Division of Mines and Geology. 10 TABLE B ESTIMATED PEAK GROUND ACCELERATION FOR PRINCIPAL ACTIVE FAULTS LEE PROPERTY DEVELOPMENT SAN RAFAEL, CALIFORNIA (1) Determined from attenuation relationship by Abrahamson & Silva (1997) for rock sites. Reference: USGS (1999), Caltrans (1996) The calculated bedrock accelerations should only be considered as reasonable estimates. Many factors (soil conditions, orientation to the fault, etc.) can influence the actual ground surface accelerations. The potential for strong seismic shaking at the project site is high. Due to their close proximity, the San Andreas, Hayward and Rodgers Creek faults present the highest potential for severe ground shaking. The significant adverse impact associated with strong seismic shaking is potential damage to structures and improvements. Seismic Shaking Mitigation Measures — Minimum mitigation measures should include designing the improvements and structures in accordance with the most recent (1997) version of the Uniform Building Code. Recommended UBC seismic coefficients and seismic design criteria are provided in Section V of this report. D. Lurching and Ground Cracking Lurching and associated ground cracking can occur during strong ground shaking. Ground cracking generally occurs along the tops of slopes where stiff soils are underlain by soft deposits or along steep channel banks. Since there are some relatively steep banks along the 11 Moment Magnitude Closest Estimated Median for Characteristic Distance Peak Ground Fault Earthquake (kilometers) Acceleration (g)(') San Andreas 7.9 14 0.36 Hayward 7.1 16 0.25 Rodgers Creek 7.0 23 0.19 San Gregorio 7.3 19 0.23 West Napa 6.5 35 0.09 (1) Determined from attenuation relationship by Abrahamson & Silva (1997) for rock sites. Reference: USGS (1999), Caltrans (1996) The calculated bedrock accelerations should only be considered as reasonable estimates. Many factors (soil conditions, orientation to the fault, etc.) can influence the actual ground surface accelerations. The potential for strong seismic shaking at the project site is high. Due to their close proximity, the San Andreas, Hayward and Rodgers Creek faults present the highest potential for severe ground shaking. The significant adverse impact associated with strong seismic shaking is potential damage to structures and improvements. Seismic Shaking Mitigation Measures — Minimum mitigation measures should include designing the improvements and structures in accordance with the most recent (1997) version of the Uniform Building Code. Recommended UBC seismic coefficients and seismic design criteria are provided in Section V of this report. D. Lurching and Ground Cracking Lurching and associated ground cracking can occur during strong ground shaking. Ground cracking generally occurs along the tops of slopes where stiff soils are underlain by soft deposits or along steep channel banks. Since there are some relatively steep banks along the 11 seasonal drainage course and along the existing Makin Grade road cut, there is some (small) potential for ground cracking near the top of the banks. Mitigation measures include structure setbacks from the drainage course and top of road cuts. Assuming that the proposed building areas will remain setback at least 20 -feet away from these areas as indicated by the conceptual plan, this hazard should not affect the structures and no additional mitigation is required. E. Liquefaction Potential and Related Impacts Liquefaction refers to the sudden, temporary loss of soil strength during strong ground shaking. This phenomenon can occur where there are saturated, loose, granular (sandy) deposits subjected to seismic shaking. Liquefaction -related phenomena include seismically induced settlement, flow failure, and lateral spreading. Based on the results of our test borings, we do not anticipate liquefiable soils at the site. No liquefaction mitigation measures are necessary. F. Erosion Sandy soils on moderate slopes or clayey soils on steep slopes are susceptible to erosion when exposed to concentrated surface water flows. Within the proposed lot areas, the site soils are relatively clayey, the slopes are relatively steep, and accelerated erosion is currently occurring along the existing road cut. Mitigation measures include the project Civil Engineer designing a site drainage system to collect surface water into a tight pipe storm drain system and discharge water at an appropriate location. Re-establishing vegetation on disturbed slopes will also be required to minimize erosion. G. Expansive Soils Clays and silts of moderate to high plasticity, when located near the ground surface, can exhibit expansive characteristics (shrink -swell behavior) that can be detrimental to structures and flatwork during periods of fluctuating soil moisture content. Field identification of site soils indicates low expansion potential. 12 No mitigation measures are anticipated for expansive soils. H. Settlement Soils encountered during our exploration were generally soft to medium stiff. Building foundations should either bear directly on firm soil/weathered rock or the softer surficial soils should be removed during grading and replaced with compacted fill. Providing this, and that building foundations are designed in accordance with the recommended criteria provided in Section V of this report, settlement should not be a hazard at the site. No special mitigation measures are required. Foundations should be designed in accordance with Section V. I. Floodinq The site is not shown to be within the FEMA 100 -year flood zone. The project Civil Engineer is responsible for site drainage and should evaluate local flooding potential and provide appropriate mitigation. Flooding Mitigation Measures - The project Civil Engineer should evaluate site drainage and localized flooding potential and provide appropriate mitigation measures. J. Slone Stability The proposed building areas consist of moderate to steeply sloping topography with no observed indications of slope instability. However, due to the soft condition of the shallow surficial soils, creep forces may exist. As stated previously, landsliding was observed along the upslope side of the Makin Grade road cut. Due to their distance from the building areas, the slides do not appear to pose a constraint to the project. Slope Stability Mitigation Measures — Mitigation measures include design of cut and fill slopes and other aspects of site grading in the development area as recommended in Section V. Careful control of site drainage and constructing appropriately designed retaining walls will also be required for site development. During grading, the minor landslides along the upslope side of the existing road should be excavated and replaced with compacted fill and possibly 13 subsurface drainage in accordance with the cut and fill slope recommendations provided in Section V of this report. Disturbance of vegetation on steeply sloped hillsides outside the building area should be minimized to reduce the risk of shallow stuffing and landsliding during wetter periods of the year. K. Debris Flow As stated previously, a mass of landslide debris is located at the headwater of the drainage course running between the two lots. This area is within the open space located directly upslope to the west of the property and adjacent to Upper Toyon Drive. A smaller debris mass on the property and within the drainage course is located about one hundred feet upslope of the existing Makin Grade road. The potential for these debris masses to mobilize and inundate planned improvements as well as the adjacent property directly below is not known. However, we feel there is sufficient risk to warrant mitigation. Debris Flow Mitigation Measures — We recommend a debris flow catchment basin be constructed on the property within the drainage course to reduce the risk of a large debris flow inundating the planned improvements in this area and the property directly below it. We suggest the current concept of spanning the drainage course with a bridge be reconsidered. Utilizing fill generated from onsite excavations, a suitably large catchment dam could be created on which the new driveway could be built. The catchment dam should be constructed to create a catchment basin of at least 300 cubic yards in volume to provide adequate capacity for potential debris flows. The project Civil Engineer should provide for drainage of storm runoff that collects within the catchment basin. The side slopes of the catchment dam should be constructed at a maximum inclination of 2:1. Alternatively, a reinforced earth wall that uses geogrid inclusions within compacted soil and modular concrete block facing can be utilized to steepen these side slopes if necessary. Reinforced earth walls are discussed in Section V of this report. 14 V. CONCLUSIONS AND RECOMMENDATIONS A. Conclusions Based on our investigation and previous experience with similar sites and projects, we conclude that the site is suitable for the planned development. The primary geotechnical concerns are uniform foundation support on the site bedrock, appropriate design to resist strong seismic ground shaking and minimizing the debris flow hazard. In addition, isolated areas of sloughing cut slopes should be remediated. Design recommendations for these and other geotechnical issues are provided below. B. Seismic Desian The site is underlain by relatively shallow deposits of soils over variable bedrock, therefore, seismic ground motions at the site may be slightly attenuated or amplified from the ground motions experienced in adjacent bedrock areas. The magnitude and character of these ground motions will depend on the particular earthquake and the site response characteristics. Based on the interpreted subsurface conditions, we recommend the following UBC (1997) coefficients for calculating the design base shear of the new buildings: TABLE C 1997 UBC FACTORS LEE PROPERTY DEVELOPMENT SAN RAFAEL, CALIFORNIA Seismic Zone Factor: Seismic Source Type: Soil Profile Type: Seismic Coefficients: Near Source Seismic Factors: Z = 0.40 Type A Sc — Very Dense Soil & Soft Rock CA = 0.40, Cv = 0.57 NA = 1.0, Nv = 1.02 The effects of earthquake shaking (i.e. protection of life safety) can be mitigated by close adherence to the seismic provisions of the current edition of the UBC. However, some building damage may still occur during strong ground shaking. C. Site Grading 1. Site Preparation. Site preparation should include removing grass, weeds and their root crowns from the ground surface in the areas to be graded. Any rubbish encountered should also 15 be removed. Trees that will be removed (in structural areas) must also include removal of stumps and roots larger than 4 inches in diameter. Excavated areas (i.e., excavations for stump removal) should be restored with properly moisture conditioned and compacted fill as described in the following sections. Debris and vegetation strippings will not be suitable for structural fill and should be removed from the site. Alternatively, vegetation scrapings may be used in landscape areas. Where fills are planned, the subgrade surface should be moisture conditioned to near the optimum moisture content and compacted to a minimum of 90 percent relative compaction (ASTM D-1557). Relative compaction, maximum dry density and optimum moisture content of fill materials should be determined in accordance with ASTM Test Method D 1557, "Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using a 10-1b. Rammer and 18 -in. Drop." 2. Fill Materials. The on-site materials appear suitable for use as compacted fill. All fill material must meet the criteria presented in Table D. 3. Imported Fill. If imported fill is used to raise building site grades or driveways, we recommend using non -expansive materials spread uniformly and continuously over the entire building pad. Imported fill shall be free of organic matter, and conform to the requirements in Table D. TABLE D FILL GRADATION LIMITS LEE PROPERTY DEVELOPMENT SAN RAFAEL. CALIFORNIA Particle Percent Finer Size by Dry Weight 4 inch 100 No. 4 sieve 20-100 No. 200 sieve 0-50 Restrictions: Liquid Limit < 40, Plasticity Index < 20, R -value >_ 40 4. Compaction. All on-site and imported fill and backfill should be conditioned to near optimum moisture content. Properly moisture conditioned and cured materials should subsequently be placed in loose horizontal lifts of 8 inches thick or less, and uniformly compacted to a minimum of 90 percent relative compaction to produce a firm non -yielding surface. 16 5. Cut and Fill Slope Construction. The shallow landsliding of steep slopes noted in our geologic reconnaissance indicates that new cut slopes into highly weathered rock should be inclined at a maximum of 2:1 (horizontal to vertical) and existing cut slopes should be trimmed back to 2:1. If during construction excavations expose hard rock, as determined by the project Geotechnical Engineer, cuts can be made with a maximum inclination of 1:1. Additionally, the top of cut and fill slopes should be rounded to improve stability. If sloping grades are to be modified by placing fill, benching into firm materials and subdrainage will be required. Maximum inclination of fill slopes should be 2:1. A typical detail for hillside fills is included on Figure 4. Typical details for subsurface drainage are included on Figure 5. The keyway depths, benching and need for and location of subdrains should be determined during construction by the project Geotechnical Engineer. D. Site Drainaqe Although the site currently includes slopes that will drain, planned grading could result in adverse drainage patterns causing water to pond around the buildings. Careful consideration should be given to design of finished grades at the site. We recommend that the building areas be raised slightly and that the adjoining landscaped areas be sloped downward at least 0.25 feet for 5 feet (5 percent) from the perimeter of building foundations. Where hard surfaces, such as concrete or asphalt adjoin foundations, slope these surfaces at least 0.10 feet in the first 5 feet (2 percent). Roof gutter downspouts may discharge onto the pavements, but should not discharge onto any landscaped areas. Area drains should be provided for landscape planters adjacent to buildings and parking areas and downspouts should discharge into a tight pipe collection system. In addition, site improvements should be protected from surface runoff from higher elevations by concrete lined V -ditches (per Marin County Standard Drawing No. 260, Type "A"). Site drainage should be discharged away from the building area and outlets should be designed to reduce erosion of the soils immediately downslope. Site drainage improvements should be connected into the storm drainage system, or tight pipes that discharge in the seasonal drainage course. E. Crawlspace and Foundation Drainaqe 17 Structures built on sloping pads have the potential to accumulate moisture within their crawlspaces due to seepage of subsurface water. This seepage is typically due to natural groundwater migration or excessive irrigation of areas on the upslope side of the structure. A wet crawlspace can lead to mold growth that may be hazardous to the health of the occupants. Also, the cost to remediate a wet crawlspace is generally much more than the cost of providing adequate crawlspace drainage during construction. With this in mind, we recommend the following details be included in the site drainage plan. To minimize the likelihood of subsurface water entering the crawl space, a foundation drain should be constructed along the upslope perimeter of the structure and elsewhere along the perimeter foundation where landscape irrigation is planned. A typical foundation drain detail is shown on Figure 6. Additionally, the crawlspace surface should be sloped at least 2 percent to an area drain or drains. The area drain should connect into the storm drainage system, or tight pipes that discharge in the seasonal drainage course. Drain inlets and outlets should have locking grates to prevent small animals from entering the crawlspace. For foundation systems that utilize a grid of continuous interior grade beams, a PVC pipe sleeve through the grade beam should be installed adjacent to low points to allow water to exit. A typical crawlspace drainage plan for a grid foundation system is shown on Figure 7. The sloping crawlspace and PVC sleeves should direct water to a drain inlet or inlets within the crawlspace. A layer of black visqueen should cover all exposed soil surfaces. All seams and edges should be sealed with waterproof adhesive tape. It is difficult to predict the location or quantity of subsurface seepage that may be present during the wetter periods of the year. Therefore, we recommend that MPEG inspect the crawlspace of the structure during the first rainy season to determine whether additional moisture control measures are required. These measures typically include a concrete slab poured on the crawlspace ground surface, shallow french drains through areas of excessive seepage, lights, fans or increasing the number of vents to reduce the ambient moisture content within the crawlspace. F. Foundation Recommendations The surface soils encountered by our exploration are typically soft to medium stiff. The underlying bedrock has variable weathering and is moderately hard to very hard. Based on these soil and ill rock conditions and the relatively light foundation loads anticipated from one and two-story wood - framed structures, shallow spread footings are judged to be an appropriate foundation type for the majority of the project. Drilled piers should be used if structures extend into the drainage course shown on Figure 2, or if deepening of footings on slopes per Table E is deemed unacceptable. In order to reduce the potential for differential settlements, if portions of a structure require drilled piers, the entire structure should be founded on piers. Alternatively, localized deepening of shallow foundations may be required so that foundation support is obtained from relatively similar materials. Shallow spread footings should be bottomed on rock, and drilled piers should derive support from soil and bedrock, in accordance with Table E. 19 TABLE E FOUNDATION DESIGN CRITERIA SHALLOW SPREAD FOOTINGS AND DRILLED PIERS LEE PROPERTY DEVELOPMENT SAN RAFAEL. CALIFORNIA Shallow Footings: Minimum width ): Minimum embedment depths (below lowest adjacent grade) (2): Allowable bearing pressure: Dead plus live loads: Total design loads (includes wind and seismic): Base friction coefficient: Lateral Passive Resistance (2,3,4.7) Compacted Fill or Stiff Soils Weathered or Hard Rock Drilled Piers: Minimum diameter: Skin Friction (5) Compacted Fill or Stiff Soils Weathered or Hard Rock Minimum penetration: Lateral Passive Resistance (3.4,6.7) Compacted Fill or Stiff Soils Weathered or Hard Rock 12 inches 18 inches 2,500 psf 3,000 psf 0.35 Level 2:1 slope 400 pcf 300 pcf 500 pcf 400 pcf 16 inches 500 psf 800 psf 5 feet into rock Level 2:1 slope 400 pcf 300pcf 500 pcf 400pcf (1) Load all shallow foundations to similar bearing pressures, i.e. size footing widths to design loads rather than a uniform foundation width. (2) For sloping terrain, maintain at least 7 feet horizontal distance from base of foundation to face of slope. (3) Ignore upper 12 -inches of passive support for footings, upper 36 -inches for piers (4) Equivalent Fluid Pressure, not to exceed 3000 psf. (5) May increase design values by 1/3 for total design loads including seismic. (6) Apply values over effective width of 2 pier diameters. (7) Interpolate values for intermediate slopes. G. Retaininq Wall Desiqn The retaining walls for garage pads and the upper portions of the new driveway can be constructed using several different construction methods. One method of construction is a oil] reinforced earth wall that utilizes geogrid inclusions within compacted soil and modular concrete block facing. A typical reinforced earth wall design is shown on Figure 8. Altematively, a conventional concrete wall supported with a spread footing, drilled piers or a soldier pile retaining wall could be used. The retaining wall along the downslope side of the lower portion of the driveway (up to the first lot entrance) should be supported on drilled piers. The wall foundations should be designed in accordance with Table E. The majority of retaining walls at the site can be supported on spread footings. Drilled piers should be used if deepening of footings on slopes per Table E is deemed unacceptable. Additional design criteria for retaining walls are included in Table F: TABLE F RETAINING WALL DESIGN CRITERIA LEE PROPERTY DEVELOPMENT SAN RAFAEL, CALIFORNIA Foundation Design Per Shallow Footings, Table E Lateral Active Pressure 1,2: Level Backfill 40 pcf 2:1 Sloping Backfill 55 pcf Lateral "At -rest" pressures 2,3: Level Backfill 50 pcf 2:1 Sloping Backfill 70 pcf Creep Surcharge': 20 pcf Earthquake Surcharge 4'5: 15 x H,, psf Traffic Surcharge 5,6: 50 psf (1) Equivalent Fluid Pressure, assumes small rotation can occur at the top of the wall. (2) Interpolate active pressure for intermediate slopes. (3) Assumes rotation cannot occur at the top of the wall and level backfill (4) Ha = exposed wall height in feet, Design for Factor of Safety > 1.0 (5) Uniform Rectangular Pressure Distribution. (6) 'Apply to upper 4 feet of walls supporting driveway/parking areas. (7) For upslope retaining walls along driveway and garage pads, apply to upper 3 -feet of wall Wall drainage should be collected in a 4 -inch, perforated, Schedule 40 PVC drain line placed at the base of the wall as shown on Figure 9. Seepage collected in the drain line should be conveyed in a closed pipe to a suitable discharge outlet well away from the retaining wall 21 foundation. To maintain the wall drainage system, a clean-out must be provided for the perforated pipe at the upstream end. Sweep fittings should be used at all major changes in direction. H. Concrete Slabs Exterior concrete walkway slabs should be underlain with 4 inches or more of Class 2 Aggregate Base (Caltrans, 1999) over a prepared subgrade that was previously discussed. The aggregate base should be moisture conditioned and compacted to at least 95 percent relative compaction. Reinforced concrete slabs -on -grade are also judged to be appropriate for garages and driveways. We recommend that concrete slabs have a minimum thickness of 4 inches and be reinforced with steel reinforcing bars or wire mesh as specified by the Structural Engineer. We recommend crack control joints no farther than 6 feet apart in both directions and that the reinforcing bars, extend through the control joints. For improved performance, slabs may be thickened to 5 -inches. Concrete slabs for garages and driveways should be underlain by at least 4 -inches of Class 2 Aggregate Base compacted to at least 95 percent relative compaction over a properly prepared subgrade. I. Utilitv Trench Excavations and Backfill Excavations for utilities will likely be in weathered or hard sandstone rock at depths greater than about 3 feet. Trench excavations having a depth of 5 feet or more must be excavated and shored in accordance with OSHA regulations. Pursuant to OSHA classifications, on-site soils are a Type B. Bedding materials for utility pipes should be well -graded sand with 90 to 100 percent of particles passing the No. 4 sieve and no more than 5 percent finer than the No. 200 sieve. Provide the minimum bedding beneath the pipe in accordance with the manufacturer's recommendation, typically 3 to 6 inches. Trench backfill may consist of on-site soils, moisture conditioned and placed in thin lifts and compacted to at least 90 percent relative compaction. Use equipment and methods that are suitable for work in confined areas without damaging utility conduits. J. Drivewav Subprade Preparation and Preliminary Pavement Section Site grading for the driveway should be performed as described in Section V -C, including benching and subsurface drainage where driveways will be placed on fill. Table G presents several preliminary pavement sections based on an assumed R -value of 35. M TABLE G PRELIMINARY PAVEMENT SECTIONS LEE PROPERTY DEVELOPMENT SAN RAFAEL, CALIFORNIA Asphalt Concrete Class 2 Aggregate Base Traffic Index (inches) inches 4.0 2.5 5.0 4.5 2.5 6.0 5.0 3.0 5.0 5.5 3.0 6.0 The R -value of pavement subgrade should be confirmed during construction and when the subgrade soils are exposed in the roadway areas. If site grading operations (either cut or fill) result in pavement areas having a subgrade material significantly different than the existing near - surface soil, we should perform R -value testing to determine if the recommended pavement sections will be appropriate. The upper 6 inches of subgrade in pavement areas must be scarified, moisture conditioned to near the optimum water content, and then compacted to a minimum 95 percent relative compaction. The compacted surface must also be non -yielding when proof -rolled with heavy construction equipment. The base rock should consist of compacted Class 2 Aggregate Base (Caltrans, 1999) compacted to achieve at least 95 percent relative compaction and a non -yielding surface when proof -rolled with heavy construction equipment. 23 VI. PLAN REVIEW AND CONSTRUCTION INSPECTION We must review the grading plans and specifications for site development and foundation design when they are nearing completion to confirm that the intent of our recommendations has been understood and incorporated, and to provide supplemental recommendations if needed. During construction, we must inspect site preparation and foundation excavations. We must verify subgrade preparation and compaction, proper moisture conditioning of soils, and fill placement and compaction. We should also inspect pavement subgrade preparation and placement and compaction of base rock materials. 24 LIST OF REFERENCES American Society for Testing and Materials; 2000 Annual Book of ASTM Standards, Section 4, Construction, Volume 04.08, Soil and Rock; Dimension Stone; Geosynthetics, ASTM, Philadelphia, 1999. Blake Jr., M.C., Bartow, J.A., Frizzell, Jr., V.A., Schlocker, J., Sorg, D., Wentworth, C.M., and Wright, R.H., Preliminary Geoloaic Map of Marin and San Francisco Counties and Parts of Alameda, Contra Cost and Sonoma Counties, California: U.S. Geologically Survey. Miscellaneous Field Studies Map MF574, 1974. California Department of Conservation, Division of Mines and Geology, Fault Activitv of California and Adiacent Areas. Map No. 6, 1994. California Department of Transportation, Caltrans Standard Specifications, 1999. Donald Herzog & Associates, Slope Stabilitv Assessment and Mitigations. Oakwood Residential Villaqe, San Rafael. California, May 27, 1983. Donald Herzog & Associates, Geologic Assessment. Open Space at South End. Oakwood Subdivision, San Rafael. California, March 8, 1984. Geoengineering, Inc., Geotechnical Assessment, Proposed Extension of Greenwood Avenue and Adioinina UDSIoDe Residential Building Sites. Oakwood Subdivision. Unit 2. San Rafael. California, March 23, 1987. Geoengineering, Inc., Supplemental Recommendations and Discussions. Oakwood Subdivision., Unit 2, on Makin Way (Projected) off Greenwood Avenue Extension, San Rafael, California, June 22, 1987. Hart, E. W. and Bryant, A.B. Fault Rupture Hazards Zones in California, Special Publication 42, California Division of Mines and Geology, Revised 1997. Mualchin, Lalliana, A Technical Report to Accompanv the Caltrans California Seismic Hazard Map 1996 (Based on Maximum Credible Earthquakes), California Department of Transportation, July 1996. Rice, S.J., et al., Open File Report 76-2. Geoloqv for Planning: Central and Southwest Marin Countv. California, California Department of Conservation, Division of Mines and Geology, 1976. Uniform Buildina Code, 1997 Ed., International Conference of Building Officials, Whittier, California, p. 2-30. U.S. Geological Survey, "Database of Potential Sources for Earthquakes Larger than Magnitude 6 in Northern California," The Working Group on Northern California Earthquake Potential, Open File Report 96-705, 1996. U.S. Geological Survey, "Earthquake Probabilities in the San Francisco Bay Region, 2000 to 2030 A Summary of Findings," The Working Group on California Earthquake Probabilities, Open File 25 Report 99-517, 1999. AERIAL PHOTOGRAPHS The following stereo -paired photographs from Pacific Aerial Surveys were reviewed; AV 6540-124, 59, 1:12,000, 5/3/00 AV 2140-5,19, 1:12,000, 5/3/82 AV 41-6,25, 1:15,000, 11/8/50 26 -MA m ¢7p. (PROPOSED '� \` CROSSM LOT 21 A PARCEL MAP 587-11 24 PARCEL MAPS 29 '?[ i' ff C? LOT 22 A t OUS ' .-moi '� H F R HE WE PARCEL MAP S87-11 € 24 PARCEL MAPS 29 P. HOUSE SITE �. �V, k. t � Y" PROPOSED ;=:%a•" . . AUGAPMENT . • ; . 4.. 'p;=._^„' . ; : Vic% / ,. .t . MLEGEND ,AICW GPASIE � _, ALE UMENT LANDSLIDE G BORING BY SCALE MPEG , 0 20 40 80 FEET REFERENCE: FMM, LANDS OF VWCE LEE, TOPOGRAf W MAP, JANUARY 2WZ ' 317E PLAN Lee Property Development San Rafael, Califomia ta�:c:3. 6.s�z.oi 5n3t02 ar. Figure PACIPIC OCE R' y, VV k.Vu'LSb '• l' UBC DES6RIe:PON — — — "A" CAPABLE OF LARGE ` ��,, SONOMA GOUNIY PACIPIC OCE R' y, ',...-..,. .,._ FAULT TYPE UBC DES6RIe:PON — — — "A" CAPABLE OF LARGE MAGNITUDE EARTHQUAKES AND HIGH RATE OF SEISMIC ACTIVITY sp- CAPABLE OF LARGE MAGNITUDE EARTHQUAKES OR HIGH RATE OF SEISMIC ACTIVITY iK LEGEND U,1 SEISMIC SOURCE ',...-..,. .,._ FAULT TYPE UBC DES6RIe:PON — — — "A" CAPABLE OF LARGE MAGNITUDE EARTHQUAKES AND HIGH RATE OF SEISMIC ACTIVITY ••••.•••••• "B" CAPABLE OF LARGE MAGNITUDE EARTHQUAKES OR HIGH RATE OF SEISMIC ACTIVITY PROBABILISTIC LEGEND (0 %) - PROBABILITY OF MAGNITUDE 6.7 OR GREATER EARTHQUAKE, 2000 TO 2030 COMBINED FAULT SYSTEM PROBABILITIES SAN ANDREAS = 21 % HAYWARD-RODGERS CREEK = 32% CALAVERAS = 10% 01- Olp i _--o R�' ; �I1p CTRA O^sT .i COU + 'e ALAMEOA COUNTY Yy� `atj SAN MATED i+ ';'r •� +�� COUNrY E SANTA CLARAy COUNTY ` �' � •s�iO'FY , �� ` SANTA CRUZ + '••ti T �,'r. COUNTY T•�4 •.y cera. : J 1 ` 01. 02 NOTES: GV GREAT VALLEY THRUST FAULT APPROXIMATE SCALE J ALL COUNTIES SHOWN ON MAP 0 10 20 40 M4e0 ARE IN SEISMIC ZONE 4 1 REFERENCES: 0 is 30 MKOMMRS 1) MAPS OF KNOWN ACTIVE FAULT NEAR -SOURCE ZONES IN CALIFORNIA CDMG/SEAOCIICBO, FEBRUARY 1998 2 DATABASE OF POTENTIAL SOURCES FOR EARTHQUAKES LARGER THAW MAG. 6 IN N, CALIFORNIA, USGS OFR 96.705,1996 3) EARTHQUAKE PROBABILITIES IN THE S.F. BAY REGION, 2000 - 2030, USGS OFR 99-517,1999 COPYRIGHT 2001. MO.LER PACIFIC ENGINEERING GROUP (REV. 000] FILE: ruA iaii Nil ACTIVE FAULT MAP P Lee Propery Development 3 San Rafael, California N9 �' 912.01 Date 5123102 BpP`� j w1 Figure ORIGINAL GROUND SURFACE WEAK TOPSOILS CONVEY RUNOFF TO SITE DRAINAGE SYSTEM SLOPE TO DRAIN �. COMPACTED LL 90o MIN R.C.. i_ 10 FEET KEYWAY WIDTH, U.O.S. ,Y SUBDRAIN INTERMEDIATE STEP(S) INTO FIRM SOIL OR ROCK SUBDRAINS WHERE NEEDED KEYWAY AND SU B DRAI N FIRM SOILS OR ROCK NOTES: (1) NUMBER OF BENCHES AND WIDTH(S) MAY VARY (2) R.C. = RELATIVE COMPACTION (3) U.O.S. = UNLESS OTHERWISE SPECIFIED TYPICAL HILLSIDE FILL CONSTRUCTION (NO SCALE) FILE ST"OsAft COPYFt*W 1 WO, MILLER PACIFIC ENWNEERMIO OR" TYPICAL HILLSIDE FILL CONSTRUCTION Lee Property Development San Rafael, California N' 912o..01 Data 5/23/02 App6noved /01 0 Figure TIGHT PIPE RISER AND CAPPED CLEAN OUT COMPACTED FILL BUTTRESS 90% MINIMUM R.C. +++++� 5 FEET + + U.O.S. WEAK SOILS � 1AftFIRM -----------OILS OR 2 IN. MINIMUM BEDROCK 12 IN. MIN. U.O.S. FILTER FABRIC ENVELOPE 'ERMEABLE AATERIAL PERFORATED PI PE NOTES: (1.) PIPE TO BE 4 -IN. DIAMETER SCHEDULE 40 PVC. PERFORATIONS DOWN, S = 0.02 MIN., WITH TIGHT PIPE TO GRAVITY DISCHARGE. (2.) FILTER FABRIC TO BE MIRAFI 140N OR EQUIVALENT. (3.) PERMEABLE MATERIAL TO BE CALTRANS CLASS 1A OR 1 B. (4.) R.C. = RELATIVE COMPACTION, ASTM 0-1557. (5.) USE SWEEPS FOR ALL SUBDRAIN BENDS/ELBOWS. (6.) U.O.S. = UNLESS OTHERWISE SPECIFIED. TYPICAL SUBDRAIN DETAIL FOR BUTTRESS KEYWAYS AND BENCHES (NO SCALE) Project NO, TYPICAL SUBDRAIN DETAIL FOR BUTTRESS KEYWAY AND BENCHES Lee Property Development San Rafael, California 912.01 °®'� 5/23/02 � ea ' J Figure LIVING SPACE CRAWL SPACE I 18 -IN. MIN. GRADE BEAM FOOTING 6 -IN. MIN. CLEARANCE TOPSOIL --- FILTER FABRIC PEA GRAVEL - SLOPE 0.2 FT. IN 5 FT. 6 -IN. t ;9' I 0 2 -IN. MINIMUM __1-34N. DIA. RIGID PERF, PVC PIPE I 1 -IN. 2 -IN. CLEAR EACH SIDE FLOW LINE TO BE 0.1 FT, BELOW INTERIOR SUBGRADE AT UPPER END OF FOUNDATIO DRAIN RUN. SLOPE = 0.02 (2%) NOTES: (1.) DO NOT CONNECT DOWNSPOUT LEADER TO FOUNDATION DRAIN (2.) PROVIDE CLEAN OUTS WHERE SPECIFIED BY DESIGNER (3.) DISCHARGE THRU RIGID, NON -PERFORATED PIPE, SLOPE 0.02 (2%) UNLESS OTHERWISE SPECIFIED TYPICAL FOUNDATION DRAIN DETAIL (NO SCALE) SM031 COPYRIGHT MILLER PACIFlC EM618�RING GROUP i� ENU'INE1=i2iI�iG GjiC3uf? Project 912.01 NG. TYPICAL FOUNDATION DRAIN DETAIL Lee Property Development San Rafael, California Date 5/23/02 By.. G,led I on • Figure TYPICAL GRADE BEAM FOUNDATION UPSLOPE FOUNDATION DRAIN '�-------------------------I---------------------p w, o� o� z a 0 fA ■ r; PVC SLEEVE THROUGH GRADE BEAM fll DRAIN INLET & GRATE a rLa+a 1 SITE STORM DRAIN SYSTEM TYPICAL CRAWLSPACE DRAINAGE PLAN TYPICAL CRAWLSPACE DRAINAGE PLAN Lee Property Development 7 RPI ER 'Roup: San Rafael, California Npr*c' 912.01 Dale 5/23/02 Approved j Figure UTILITY TRENCHES COMPACTED _.--------- FILL SEGMENTAL REINFORCING'-- GEOGRIDS BLOCK FACING SUBDRAIN — --- -.% (IF REQUIRED) -"--""- \ AGGREGATE BASE ILLUSTRATIVE SECTION REINFORCED EARTH WALL FOR ROADWAY (NO SCALE) STD -042 COPYRIGHT 2002, MILLER I'MVIC ENGINEERING CROUP MIN+��r3�� :, Project No. ILLUSTRATIVE SECTION REINFORCED EARTH WALL FOR ROADWAY 8 Lee Property Development San Rafael, California 912.01 oats 5/24/02 Approved I+► Figure SURFACE DRAIN , 12 IN. CAP , , , SOIL BACKFILL FILTER FABRIC PERMEABLE MATERIAL TEMPORARY EXCAVATION LINE PERFORATED DRAINAGE WITH RISER AND CLEAN OUT AT END —.---' , a'd .. . ' REINFORCED CONCRETE :• ' m ' OR REINFORCED / MASONRY BLOCK WALL . d tl°tl . �O°O°tl O O SLOPE TO DRAIN .._ / ° .• d o d �•• •a t •� '. d NOTES: (1.) PERFORATED DRAIN PIPE TO BE 4 -INCH DIA. SCHEDULE 40 PVC, U.O.S. UPSLOPE END TO HAVE CLOSED PIPE RISER, CLEAN OUT AND CAP, DISCHARGE TO BE CLOSED PIPE THROUGH WEEP HOLE OR FREE DRAINING END. SLOPE DISCHARGE PIPE AT 0.02 MIN. (2.) FILTER FABRIC TO BE MIRAFI 140N, U.O.S. (3.) PERMEABLE MATERIAL TO BE CALTRANS CLASS 1A OR 1 B ("PEA GRAVEL" OR "3l4 ROCK") COMPACTED TO 70% RELATIVE DENSITY MAXJMIN. INDEX UNIT WEIGHT, ASTM D-4253 AND D-4254 (4.) SOIL BACKFILL TO BE SOIL; 100% <4"; 25-50% <#200 SIEVE; COMPACTED TO 90% RELATIVE COMPACTION, ASTM D-1557 (5.) SURFACE DRAIN TO BE CARRIED TO SAFE DRAINAGE LOCATION AT END. DO NOT DRAIN SURFACE WATER INTO WALL BACKDRAIN OR CLEAN OUT RISER. (6.) U,O.S. = UNLESS OTHERWISE SPECIFIED RETAINING WALL BACKDRAIN CRITERIA FILE (qure'7.dnp COPYRIGHT Z. MILLER PACIFIC ENGGNEERINiG GROUP RETAINING WALL BACKDRAIN CRITERIA Lee Property Development 9 San Rafael, Califomia N� 912.01 Date 5/23/02 B "ff.*d Figure APPENDIX A SUBSURFACE EXPLORATION AND LABORATORY TESTING A. Soil and Rock Classification Svstems We have classified soils for engineering purposes in general conformance with ASTM Standard D 2487, "Field Identification and Description of Soils (Visual -Manual Procedure)" and the Unified Soil Classification System. These systems enable geotechnical engineers to correlate soil stratigraphy and compare physical soil properties. The soil classification system and symbols used for the test borings and in discussions throughout this report are briefly explained on Figure A-1, Soil Classification Chart. A Rock Classification Chart is included as Figure A-2. B. Test Borinas and Sampling Eight test borings were excavated on March 19, 2002 at the locations shown on the Site Plan, Figure 2. The purpose of the borings was to examine the materials encountered and obtain representative samples for laboratory testing. The borings were excavated with limited access drilling equipment and 4 -inch diameter solid -stem augers. The exploration was done under the supervision of our Field Geologist who examined and logged the soil materials encountered and obtained samples. The subsurface conditions encountered in the borings are summarized and presented on the Boring Logs, Figures A-3 through A-10. The depth to groundwater, if encountered, was noted during the excavating and measured before backfilling the borings. The borings were backfilled with soil cuttings and moderately compacted after the exploration was completed. To obtain representative soil samples, a standard 2 1/2 -inch inner -diameter "California sampler" was used. This sampler has a split barrel that contains 6 -inch long thin-walled brass liner tubes and a nose with a sharpened cutting edge. The assembled sampler was lowered into the boring and driven 18 inches into the materials at the bottom of the boring. The blow counts, 30 -inch drops of a 140 -Ib. hammer, required to drive the sampler each 6 inches were recorded. The total blow count for the last 12 inches is reported on the boring logs and is used as an indication of formation density or consistency. The sampler was then withdrawn from the boring and disassembled. The liners containing the soil "core" were removed, examined, trimmed and sealed with tight plastic caps to prevent moisture loss. To obtain additional correlation data for the in-place soil and rock, we drove a Standard Penetration Test (SPT) sampler in a similar fashion to the California Sampler as described above. Blow counts were recorded in the filed for six-inch increments and the number of blows to drive the sampler the final 12 inches are recorded on the boring logs. C. Laboratory Testinq We re-examined the samples in the laboratory to confirm field classification and suitability for testing. We conducted laboratory tests on selected intact samples to verify field identifications and to evaluate physical engineering properties. The following laboratory tests were conducted in general accordance with ASTM standard test methods modified as appropriate for local conditions and practice to provide the data needed for our engineering judgment: • Laboratory Determination of Water (Moisture) Content of Soil, Rock, and Soil - Aggregate Mixtures, ASTM D 2216; • Density of Soil in Place by the Drive -Cylinder Method, ASTM D 2937; The water content, and dry density tests are reported on the boring logs, Figures A-3 through A- 10. The boring logs, description of soils encountered and the laboratory test data reflect conditions only at the location of the boring or sampling at the time they were excavated or retrieved. Conditions may differ at other locations and may change with the passage of time due to a variety of causes including natural weathering, climate and changes in surface and subsurface drainage. SOIL CLASSIFICATION CHART MAJOR DIVISIONS SYMBOL DESCRIPTION ATTERBERG LIMITS TEST TV GW SA Well -graded gravels or gravel -sand mixtures, little or no fines UC CLEAN GRAVEL GP HYDROMETER ANALYSIS Poorty-graded gravels or gravel -sand mixtures, little or no tines O La P200 PERCENT PASSING NO. 200 SIEVE TXUU UNCONSOLIDATED UNDRAINED TRIAXIAL P4 PERCENT PASSING NO. 4 SIEVE GM Silty gravels, graveasan"It mixtures 0 v GRAVEL UJ with fines GC Clayey gravels, gravel-sarxl-clay mixtures SW Well -graded sands or gravely sands, little or no fines Lu e, CLEAN SAND " i SP ?H,•#+r Poot1 gravely sands, little or no tines y -graded sands or ra Q OU SAND SM Silty sands, sand -sit mixtures with fines SC )}IIr Clayey sands, sand -day mixtures ML Inorganic silts and very fine sands, rock flour, silty or clayey fine sands ordayey sifts II I with slight plasticity —� Co SILT AND CLAY CL / Inorganic Gays of low to medium plasticity, gravely days, sandy days, silty days, -V liquid limit X50% lean clays m W .. OL I � I I I I III Organic silts aril organic silt -clays of low plasticity r9 r9 y P tY Z �aII N o MH Inorganic sits, micaceous or diatomaceous fine sands or sots, elastic silts OC) lL Z SILT AND CLAY o liquid limit >50% CH Inorganic clays of high plasticity, fat Gays � OH Organic days of medium to high plasticity HIGHLY ORGANIC SOILS PTia Peat, muck, and other highly organic soils ROCK Undifferentiated as to type or composition KEY TO BORING AND TEST PIT SYMBOLS CLASSIFICATION TESTS STRENGTH TESTS AL ATTERBERG LIMITS TEST TV FIELD TORVANE (UNDRAINED SHEAR) SA SIEVE ANALYSIS UC LABORATORY UNCONFINED COMPRESSION HYD HYDROMETER ANALYSIS TXCU CONSOLIDATED UNDRAINED TRIAXIAL P200 PERCENT PASSING NO. 200 SIEVE TXUU UNCONSOLIDATED UNDRAINED TRIAXIAL P4 PERCENT PASSING NO. 4 SIEVE UC, CU, UU = 1/2 Deviator Stress SAMPLER TYPE UNDISTURBED CORE SAMPLE: STANDARD PENETRATION MODIFIED CALIFORNIA OR TEST SAMPLE HYDRAULIC PISTON SAMPLE X DISTURBED OR BULK SAMPLE X ROCK OR CORE SAMPLE NOTE: Test boring and test pit logs are an interpretation of conditions encountered at the location and time of exploration. Subsurface rock, soil and water conditions may differ In locations and with the passage of time. Lines defining interface between differing soil or rock description are approximate and may indicate a gradual transition. FILE: Sail ClasmMq SOIL CLASSIFICATION CHART Lee Property Development San Rafael, California A-1 Nit 912.01 Date 5/23/02 � rove Figure Fracture Classification Crushed Intensely fractured Closely fractured Moderately fractured Widely fractured Very widely fractured Low Moderate Hard Very hard Friable Weak Moderate Strong Very strong FRACTURING AND BEDDING Spacing less than 3/4 inch 3/4 to 2-1/2 inches 2-112 to 8 inches 8 to 24 inches 2 to 6 feet greater than 6 feet HARDNESS Bedding Classification Laminated Very thinly bedded Thinly bedded Medium bedded Thickly bedded Very thickly bedded Carved or gouged with a knife Easily scratched with a knife, friable Difficult to scratch, knife scratch leaves dust trace Rock scratches metal STRENGTH Crumbles by rubbing with fingers Crumbles under light hammer blows Indentations <1/8 inch with moderate blow with pick end of rock hammer Withstands few heavy hammer blows, yields large fragments Withstands many heavy hammer blows, yields dust, small fragments WEATHERING Complete Minerals decomposed to soll, but fabric and structure preserved High Rock decomposition, thorough discoloration, all fractures are extensively coated with clay, oxides or carbonates Moderate Fracture surfaces coated with weathering minerals, moderate or localized discoloration Slight A few stained fractures, slight discoloration, no mineral decomposition, no affect on cementation Fresh Rock unaffected by weathering, no change with depth, rings under hammer Impact FILE: Rock Class.dM COPYRIGHT 7989, MR.LER PACIFIC ENGINEERING GROUP NCTF— Tmt t okV and I"t pk lop are an intsrplma9oo of wndibans enmrekamd m 9u lomdan wd eme d eVI"ion. Smgorlace rock, soN and *mer condiil ms may Mer M dfw loeddm WO wMh Ow PassVe oftkT*. ROCK CLASSIFICATION CHART Lee Property Development A-2 San Rafael, California Pr*ct 912.01 Date 5/23/02 BtX—"d Figure Q o r 0 BORING 1 o a � V EQUIPMENT: Minuteman, 4 -inch Z C7 a w solid stem augers W r W oit z CO ~ z W a_ r DATE: 3/19/02 m ELEVATION: +161 feet O z r i p m 0 0 }— p :? D `REFERENCE: HWB, Lands of Vince Lee, ---�0 _ 0 Topographic Map, January 2002 � ,� SILTY CLAY (CL) brown, moist, soft to medium stiff, low plasticity _- 24 14.5 117 1 5- 56 10.4 120 - -2 50/5" 7.9 3 10.. -4 - 15- - 5 6 20 - FRANCISCAN MELANGE completely weathered sandstone, brown and tan, weak, low hardness, coarse grained, intensely fractured drilling rate 7 min/ft Bottom of hole at refusal at 10.5 feet No groundwater encountered NOTES: (1) MLTRIC EQUIVALENT STRENGTH (kPa) a 0,0479X STRENGTH (psQ FILE: 912.01I.oy..d o (2) METRIC EQUIVALENT DRY UNIT WEIGHT kWM3= 0.1571 x DRY UNIT WEIGHT (per) COPYRIGHT 2603. MILLER PACIFIC ENGINEERING GROUP (3) GRAPHIC SYMBOLS ARE ILLUSTRATIVE ONLY BORING LOG Lee Property Devolopment A-3 San Rafael, California 912.01 Date 5!23/02 a P-ved Figure Q o $ .� BORING 2 U) CL o EQUIPMENT: Minuteman, 4 -inch LU UJ w U, w V solid stem augers <t w — �- w -r DATE: 3/19/02 LU o LU z 0 v ii m ELEVATION: +174 feet O m o E "'REFERENCE: HWB, Lands of Vince Lee, z 00 --'— — 0 -0 , Topographic Map, January 2002 SILTY CLAY (CL) dark brown, moist, soft to medium stiff, low plasticity, high organics FRANCISCAN MELANGE highly weathered sandstone, mottled tan, brown and rust, weak to moderately strong, moderate 74 6.8 1 hardness drilling rate 12 min/ft 77 5.2 2 - Bottom of hole at refusal at 6.5 feet No groundwater encountered -3 10- -4 — 15- -5 6 20- NOES: (1) METRIC EQUIVALENT STRENGTH (kPa) 0,0479 x STRENGTH (psi) FILE 9I2.011ogcd g (2) METRIC EQUIVALENT DRY UNIT WEIGHT kWm3= 0.1571 x DRY UNIT WEIGHT (Pcf COPYRIGHTZODI, MILLER PACIFIC MINEEAING GROUP (3) GRAPHIC SYMBOLS ARE ILLUSTRATIVE ONLY BORING LOG sy:-3I Lee Property Devolopment A_L� ',r�A�I1ct33FtSan Rafael California Imola« 912.01 Date 5/23/02 Appmad BY: 14WFigure Q v o BORING 3 Cf) m LL N EQUIPMENT: Minuteman, 4 -Inch CO w= w w w m solid stem augers Ix Z o- Z �' o w J DATE: 3118102 ww e�W- a m ELEVATION: +144 feet O Ir 0 - m g O o > 'REFERENCE: HWB, Lands of Vince Lee, U) Topographic Map, January 2002 0-0 SILTY CLAY (CL) f% dark brown, moist, soft to medium stiff, low plasticity, high organics 5015" 3.8 FRANCISCAN MELANGE highly weathered sandstone, mottled tan, brown 5011" 4.6 and black, weak to moderately strong, tow hardness, intensely fractured less weathered with depth, drilling rate 20 min/ft -2 Bottom of hole at refusal at 5.1 feet - No groundwater encountered -310- -4 15— _5 —6 20 -- NOTES: ((1) METRIC EQUIVALENT STRENGTH (kPa) s 0.0479 x STRENGTH (psn FILE:012.01Loge.d" (2METRIC EQUIVALENT DRY UNIT WEIGHT kNhn3= 0.1671 x DRY UNIT WEIGHT (pen COPYRIGHT 2001, MILLER PACIFIC Ef�.INEERINO GROUP (3; GRAPHIC SYMBOLS ARE ILLUSTRATIVE ONLY BORING LOG �x Lee Property Devolopment A-5 a��Net' San Rafael California 2 Ct 912.01 Date 5/23/02 A t61ed Figure Q = -6 20-- NO rEs: (1) METRIC EQUIVALENT STRENGTH (kPa) = 0.0479 x STRENGTH (psf) BORING 4 cn In U. -. -R N x " EQUIPMENT: Minuteman, 4 -inch w W x W uj a_ A-6 w San Rafael, California solid stem augers I— 0 W Q- Z � �" �„ o W DATE: 3/18/02 m ELEVATION: w co oJ. +140 feet O m U o E °' `REFERENCE: HWB, Lands of Vince Lee, "� Topoqraphic Map, January 2002 0-0 SILTY CLAY (CL) _ dark brown, moist, medium stiff, low plasticity, high organics MELANGE IFRANCISCAN highly weathered sandstone, mottled brown, gray 5014" 12.1 and rust, weak to moderately strong, moderate hardness, drilling rate 9 min/ft Bottom of hole at refusal at 4,0 feet 5- No groundwater encountered _2 -3 10- -4 - 15- -6 20-- NO rEs: (1) METRIC EQUIVALENT STRENGTH (kPa) = 0.0479 x STRENGTH (psf) dxq � 2) METRIC EQUIVALENT DRY UNIT WEIGHT IcNh3m 0.1571 x DRY UNIT WEIGHT �3) GRAPHIC SYMBOLS ARE ILLUSTRATIVE ONLY (pd) COPYRIGHT 200 COPYRIGHT 2461, MILLER PACIFIC ENGINEERING GROUP x " BORING LOG Lee Property Devolopment A-6 San Rafael, California 912.01 Deft 5/23/02 A rovW Figure t v 3 o FILE; 912.01Loos,d q 2METRIC EQUIVALENT DRY UNIT WEIGHT kWM3= 0,1571 x DRY UNIT WEIGHT (Kn COPYRIGHT 2001, MILLER PACIFIC ENGINEERING GRWP BORING 5 Q Con a LL °e .. EQUIPMENT: Minuteman, 4 -inch U) W W w W ` wi solid stem augers t- z Ir �w a. �n W z W �' z o W a DATE: 3/19102 5 O BI- O ��_ L 0.m ELEVATION: +144 feet `REFERENCE: Lands Vince O u~i in 2 o 5 E y 0 v) HWB, of Lee,- 0-0 Topographic Map, January 2002 SILTY CLAY (CL) _ dark brown, moist to wet, medium stiff, low plasticity, with rootlets and occasional sandstone _ fragments 14 111 115 '-1 FRANCISCAN MELANGE - highly weathered sandstone, mottled brown, gray and rust, weak to moderately strong, moderate 6013" 3.3 5- hardness drilling rate 30 min/ft Bottom of hole at refusal at 6.0 Beet -2 _ No groundwater encountered METRIC EQUIVALENT STRENGTH (kPa) m 0.0479 x STRENGTH (pan NO rES:�3'� FILE; 912.01Loos,d q 2METRIC EQUIVALENT DRY UNIT WEIGHT kWM3= 0,1571 x DRY UNIT WEIGHT (Kn COPYRIGHT 2001, MILLER PACIFIC ENGINEERING GRWP GRAPHIC SYMBOLS ARE ILLUSTRATIVE ONLY BORING LOG Lee Property Devolopment A-7 San Rafael, California Hoc' 912.01 Date 5123/02 Awmved Figure 95- -5 -6 20 - NOTES: (1) METRIC EQ)IIVALENT STRENGTH (kPa) = 0.0479 x STRENGTH (psi} 2 METRIC EQUIVALENT DRY UNIT WEIGHT kN1m9= 0.1571 x DRY UNIT WEIGHT (pd) PILE: 012.01LOG, &9 #3) GRAPHIC SYMBOLS ARE ILLUSTRATIVE ONLY COPYFUGHT 2001, MILLER f ACIPIC ENGINEERING GROUP ��a` ` BORING LOG W w , Lee Property Devolopment A-8 San Rafael, California N° 912.01 Data 5123102 proved Figure BORING 6 (=n a 8 O a EQUIPMENT: Minuteman, flinch Cl) LU z a Lu a= , o solid stem augers = z ul J DATE: 3!19!02 w It Ul h 12 ii ® ELEVATION: +146 feet ~ O 2 L) o �' E ¢ } "REFERENCE: HWB, Lands of Vince Lee, (n m cn (n Topographic Map, January 2002 0-0 SILTY CLAY (CL) dark brown, moist, medium stiff to stiff, tow plasticity, with rootlets - og" _ ` 1 'moo 27 21.6 - FRANCISCAN MELANGE 5- highly to completely weathered sandstone, mottled brown, black and rust, weak, low 51 13.7 116 _ hardness, intensely fractured _2 _ drilling rate 15 min/ft 75 9.3 -3 10 Bottom of hole at 10.0 feet _ No groundwater encountered 95- -5 -6 20 - NOTES: (1) METRIC EQ)IIVALENT STRENGTH (kPa) = 0.0479 x STRENGTH (psi} 2 METRIC EQUIVALENT DRY UNIT WEIGHT kN1m9= 0.1571 x DRY UNIT WEIGHT (pd) PILE: 012.01LOG, &9 #3) GRAPHIC SYMBOLS ARE ILLUSTRATIVE ONLY COPYFUGHT 2001, MILLER f ACIPIC ENGINEERING GROUP ��a` ` BORING LOG W w , Lee Property Devolopment A-8 San Rafael, California N° 912.01 Data 5123102 proved Figure QBORING �V 7 o c=r> n S a N EQUIPMENT: Minuteman, 4 -inch w w solid stem augers H ? o- y o Lu DATE: 3/19/02 W LU W N 12 a m ELEVATION: +134 feet zm g O 'REFERENCE: HWB, Lands of Vince Lee, 0 0 Topographic Map, January 2002 0-0 v SILTY CLAY (CL) _ dark brown, moist, medium stiff to loose, low plasticity, with rootlets and organics - SANDY CLAY (CL) (RESIDUAL SOIL) mottled light tan and brown, moist, stiff -1 FRANCISCAN MELANGE 31 16.9 _ completely weathered sandstone, mottled brown, tan and gray, weak, low hardness, intensely 5- fractured 47 15.6 113 _ -2 drilling rate 5 min/ft - drilling rate 10 min/ft 50/5 8,2 � 3 10- Bottom of hole at 9,8 feet No groundwater encountered -4 - 15- -6 20-- NO rES: (1) METRIC EQUIVALENT STRENGTH (kft) a 0.0479 x STRENGTH (psf) (2) METRIC EQUIVALENT DRY UNIT WEIGHT kN1m3- 0.1571 x DRY UNIT WEIGHT' (pcf) 3 GRAPHIC SYMBOLS ARE ILLUSTRATIVE ONLY ( ) COPYRIGHT 01, MIAW9 COPYRIONT 2001, MILLER PACIFIC ENGINEERING GROUP rte» a y,;.fu v BORING LOG Lee Property Devolopment A-9 San Rafael, California P 912.01 Dace 5/23/02 NVMved Figure Q V o BORING 8 W W U. o v F EQUIPMENT: Minuteman, 4 -inch U) w= w w 0 r w c solid stem augers `J r z a Ix Z U.1 � o w J DATE: 3119102 LU o w a m ELEVATION: +109 feet 0 O o ani 2 "'REFERENCE: HWB, Lands of Vince Lee, Topographic Map, January 2002 0-0 SILTY CLAY (CL) _ fight brown, moist, stiff, low plasticity, with occasional sandstone fragments to 3/4" - FRANCISCAN MELANGE _ moderatly weathered sandstone, light brown, - i moist, moderatly strong, moderately hard, 29 6.3 _ intensely fractrured drilling rate 10 min/ft 5 - Bottom of hole at refusal at 4.5 feet - No groundwater encountered -2 -310- -4 15- `5 -6 20 - NOTES: (1) MLTRIG EQUIVALENT STRENGTH (kPa) = 0.0479 x STRENGTH (Pd) FILE: 012.01Log..d+q (3) METRICGRAPHIC SYMBOLS AREILLUSTRATIVE EQUIVALENT DRY UNI WEIGHT NLYa— 0.1571 x DRY UNIT WEIGHT (PCO COPYRIGHT 2001, MILLER PACIFIC ENGINEERING GROUP ( ) BORING LOG Lee Property Devolopment A-1 Q San Rafael, California No *' 912.01 Dare 5123102 pry',., f "d f/�{� Figure ATTCHMENT 4 Title Report, Preliminary Title Report, Prepared by Stewart Title of California, July 6, 2016 Urn Stewart title Be texen r1I sm. or calAro,m., aha 2&W Cordek. Rand, Sure dao Faefdtl, CAS4534 Ph— (415)402.1241 Fu (415) 5322721 PRELIMINARY REPORT Order No, 01180-202186 Title Unit No. 7531 Your File No, Buyer7Bonewer Name Marin Open Space Trust Seller Name \Intend Lee Property Address: APN: 012-320-09 & 012-320-10, San Rafael, CA In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc hereby reports that It is prepared to issue, w muse to be issued, w of the date hereat, a Stewart Title Guaranty Company Policy or Policies of Title Insurance desc ibhtg the land and the estate or Interest therein hereinafter set font, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forme. The printed Exceptions and Exclusion. from the coverage and Limitations on covered Risks of said pokey or policies are set hath in Exhibit A attached. The policy to be Issued may contain an arbitration clause. When the Amount of Insurance is dew than that set font In the arbitration clause, all arbitiah:e matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maxlm rn Dollar Limits of Liability for certain coverages are also set firth In Exhibit A. Copies of the policy fors should be read. They are avetable from the office which Issued this report Please read the exceptions sham or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of maters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of bele and may not list all liens, defects, and encumbrances affecting title to the land, This report, (and any supplements or arrendments thereto) is Issued solely for the purpose of radlhating the issuance of a policy of title insurance and no liability Is assumed hereby. If it Is desired that liability be assumed prior to "issuance of a policy of title insurance a birder or mmmtment should be requested. Dated as of July 00, 2018 at 7:30 a.m. Update No. 1 Big Curry, Tele Officer When replying, please contact Jackie Boccabelb, Escrow OTxer Stewart Title of California, Inc. 1701 Novato Blvd., Ste 202 Novato, CA 94947 (415) 892.5800 File rlo.: OIIMZ02163 Fc.e h a 9 Profm Report SCE .► v:u*'Im The tart of Policy of Title Insurance contemplated by this report is: ® CLTA Standard Cammge Policy ❑ CLTA/ALTA Homeowners Policy ❑ 2006 ALTA Owner's Policy 09 2606 ALTA Loan Policy ❑ ALTA Short For Residential Lean Polley ❑ - SCHEDULEA, The "tat. or interest In the land hereinafter described or referred to covered by this report Is: Fee Title to said estate or Interest at the date hereof 1s vested in: Vmcent H. Lee, an unmarried man Fee Ne,'. 01180.202165 Page 2IX Pre- Rein SCE The land relemed to herein Is situated in the State of California, County of Marin, City of San Rafael and described as follows: Lots 21Aand 22A. as shown upon that certain Parcel Map entlled'Parcel Map Stowing Lot Line Adjustments of Lots 19 through 22 of Map of Oakwood Unit 2, filed in Book 19 of Maps, at Page 11, etc., City of San Rafael, County of Merin, State of Califomla% filed for record September 14, 1966 In Rook 24 of Pani MBs at Pace 29 Marin County Records. APN: 012-320-09 8 012320-10 THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY, THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. (End of Legal Description) Fee Na: oil o 20Z7t3 Papa 3d9 Prii Repon SCE SCHEDULE B At the date hereof, oxceptions to coverage M addition to the printed exceptions and exclusions, contained In said policy or policies would be as follows: Taxes: A Property taxes, which are a Iron not yet due and payable, Including any assessments collected with taxes, to be levied for the fiscal year 2016 — 2017. B. The lien of supplemental taxes, i1 any, assessed pursuant to the provisions of Chapter 3.5 (comrincr ing with Section 75) of the revenue and taxation code of the State of California. C. Assessments, it any, for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. Exceptions 1. Conditions as contained in that certain 'Covenant in Perpetuity', executed by Paul J. Felton, recorded November 20, 1972 in Book 2632 of Official Recons at Paoe 36 Official Records. 2. Notes as shown upon that certain Map recorded April 11, 1994 in ,olu�Rq 19 of ps at Page 11. Marin County Records, which states, 'No building permits will be saved for any lot In the subdivision until a permanent wafer supply Is provided for each Individual parcel shown on that pad of the final map Said Note is also depicted upon the filled Mag referred to herein. 3. An easement or other provisions for the purpose of roadway and public utititles and rights incidental thereto as shown on the Map recorded April 11, 1984 in Volume 19 of Maos, at Pane -t effecting that portion of said land as shown thereon, 4. An easerni other provisions for the purpose of "City of San Rafael Public Sanitary S.S.E" and rights incidental thereto as shown on the Map recorded April 11, 1984 in Volume 19 of Maps at Page 11. affecting that portion of saki lard as shown thereon. 5. An easemerd or other provisions for the purpose of private sanitary sewer and rights incidental thereto as shown on the Map recorded April 11, 1984 in Volume 19 of Mans at Pace 11affecting that porion of said land as shown thereon. 6. Covenants, Conditions, and Restrictions as set forth in an Instrument, but orrotting, except to the extent permitted by any applicable federal w state law, covenants or restrictions, if any, based on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical condition, or other unlawful basis. Recorded: April 11, 1984 as Ipstrument No 84-017211, Oficial Records. The conditions therein contain no express words of forfeiture or reversion of title ifviolated. Note: Section 12956.1 of the Government Code provides the following: If this doalment contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an Interest in Itnls property may request that the county recorder remove tho restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. Fria Na.: 01180—MI65 Pape 4 of 9 Prean Repan SCE 7. Matters contained in that certaln document entitled'Agreemenl and Gram or Easement', dated June 14, 1984 to which reference Is made for full particulars by and between Paul Felton and Dona R. White, recorded June 29, 1984 as Instrument No. 84-031241. Official Records, Reference is hereby made to the public record for fug particulars Note: Section 12956.1 of the Government Code provides the following: if this document contains any restrictions based on race, color, religion, sex, famRW status, marital status, disabidity, national origin, or ancestry, that resixction violates state and federal fair housing laws and is void. Any person holding an Interest In this property may request that the county recorder reprove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. 6. An easement for Ingress and egress for vehicles and pedestrians and rights Incidental thereto as set forth in a document recorded June 29, 1964 as Instrument No. 64-031241, Official Records, affecting the Easterly portion of Lot 22A, described herein. Said easement Is also depicted upon the filed Map referred to herein. 9. An easement for underground and aboveground udli0es and rights inGdentsi thereto In favor of Pacific Gas and Electric Company, a California corporation as set forth in a document recorded August 28, 1987 as Instrument No. 87-056381, Official Records, affecting the extreme Northeasterly portion of Lot 22A, described herein. said easement Is also depicted upon the fled Man referred to herein. 10. An easement for pipeline or pipelines and rights incidental thereto in favor of Marin Municipal Water District, a public corporation as set forth In a document recorded November 30, 1967 as instrument No 87-076433, Official Records, affecting the extreme Northeasterly portion of Lot 22A, described herein. Said easement is also depicted upon the filed Mao referred to herein. 11. An easement for private sanitary sewer purposes, 30 feel wide and rights Incidental thereto as set forth in a document recorded May 18. 1988 as j{+s¢grmnrt Np. 88-25815. Official Records, affecting the Easterly portion of Lot 22A, descri rein. Said easement Is also depicted upon the fled Mao referred to herein. 12. An easement or other previsions for the purpose of 40 bot private drainage and rights Incidental thereto affecting that portion of Lots 21A and Lot 22A as shown on the Parcel Map referred to nerein. 13. An easement or other Previsions for the purpose of 30 foot private ingress, egress and utilities easement appurtenant to Lot 21A and rights Incidental thereto affecting that portion of Lot 22A, as shown on the Parcel Mao referred to herein. 14. An easament or other pmvislons for the purpose of City of San Rafael, 30 foot sanitary sewer easement and rights incidental thereto affecting the extreme Northeasterly portion of Lot 22A, as shown on the Parcel Mao referred to herein. 15. Terms, conditions and provisions as contained in that certain document entitled *Declaration", recorded September 12, 1989 as Instrument No 89-052861, Official Records, Reference is hereby made to the pudic record for full particulars. fie Na: 011 B&M 105 Peq. S a 9 Rolm R"p sCE Note: Section 12956.1 of the Government Code provides the following: It this document contains any restrictions based on rata, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and Is void. Any person holding an interest In this property may request that the county recorder reoove the restrictive language pursuant to subdNlslon (c) of Section 12956.1 of the Government Code. 16. Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation, please comet your Site officer Immediately for further review. 17. It the poI4 to be issued requires priority insurance, over mechanic's liens and work has or a to be commenced prior to recording, this company wit require a sufficient and approved indenri:y agreement from the ownerttrustor. To help avoid delays In your transaction, we should receive all pertinent Information at least 5 working days prior to the close of escrow. Should you have any questions or need any additional information, please contact your We officer. 18. Any lien, or right to a gen, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. (End of Exceptions) I%Nv.:0118p M W Pe9.sa9 ft" liepom SCE NOTES AND REQUIREMENTS For transactions where Stewart Idle of CaNiamia, Inc. is not the settlement/closing agent, a signed and dated copy of the attached "Acknowledgment of Receipt. Understanding and Approval of Affiliated Business Arrangement Disclosure Stalolnern and STS Privacy Notice for Stewart Title Companies", will be required prior to recording. A General and Special mCity andlor County taxes, including any personal property taxes and any assessents collected with taxes, for the fiscal year 2015 -2016 have been paid In full. 1st Installment $1,645.32 Paid 2nd instalment $1,645.32 Paid Parcel No. 012.320-09 Code Area 0084M B. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2015 - 2016 have been paid In full. ,at installment $1,605.99 Paid 2nd Installment $1,605.99 Paid Parcel No. : 012-320.10 Code Area : 008-000 C. According to the public records, there has been no conveyance o1 the land within a period of twenty-four months prior to the date of this report - D. The charge for a policy of title insurenos, when issued through this title order, will be based on the Basic Rate. E, The map attached, if any, may w may not be a survey of Ue land depicted hereon. Stewart Title expressly disdains any Nobility for loss w damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the term; and provisions of the title insurance policy, it any, to which thls map is attached. F. A Preliminary Change of Ownership Report must be completed by the transferee (buyer) prior to the transfer of property in accordance with the provisions of Section 480,3 of the Revenue and Taxation Code. The Preliminary Change of Ownership Report should be submitted to the recorder concurrent with the recordation of any document effecting a change of ownership. If a document evidencing a change ofownership (i.e. Deed, Affidavit -Death Joint Tenant) is presented to the recorder for recording without a preliminary change of ownership report, the recorder may charge an additional $20.00 G. It your property h in San Francisco, it Is the requirement of the City and County of San Fmrciscn that a Transfer Tax affidavit to be completed and signed by the Grantor for each deed submitted for recording. This is an addition to a Preliminary Charge of Ownership Report H. In addition to County Transfer Tax, any conveyance of the herein described property may be subject to a City Transfer and/or Conveyance Tax, as follows. Fire No.: 01156202165 Prerm Ripon SCE Alameda $12.00 Der thousand Alban $11.50 Der thousand Barker $1500 per thousand Cuh; /fv $4.50 ypr thousand Emeryv(;ICe $12.00 Dqf thousand rd $4.50 per thousand pori of Hillsborough $0.30 per thousand (gross sales receipt tax) Check should be sent directly m: Town of Hillsborough 1600 Floribunda Avenue Hillsborough, CA 94010 Phone No. 650.375.7400 This tax does not need to be reflected on Grant Deed. The San Mateo County Recorder does not collect for this tax. Los Art pies $4.50 Der thousand Mountain View _ $3.30 er thousand I Oakland $i5.� Der thousand Pato Alto $3.30 Dar thousand Petaluma Piedmont3.8�De, Fp r�pysand Urousand I Pomona 1 Per I(s�cusan{�(( J8Der I Redondo Beach hOusand IR 'hnmd 1$7.00 Der thousand IRiverside 1$1.10 thousand I Sacramento $2.7r thousand I San Leandro $6.00 {{��`r thousand City and County of up to .000=$5.00 per thousand San Francisca $260,000 to $1,000,000= $6.eO per thousand $1,000,000 to $5,000,000 = $7.50 per tlwuamd $5,000,000 to 10,000,000 = $20.00 per thousand Above $10,000,000 = $25.00 per thousand (Do not add Ue additional $1.10 for County Tax, it is Included) San Jose $3.30 per 1Musend San Mateo $5.00 per thousand ISan Rafael $2.00 Der thousand I Saha Monica $3.00 Der thousand I Santa Rosa $2.00 Der thousand Vaileb $3.30 per thousand I, and $1.10 per thousand I'Ve7Me Additional Requirements for'Short Sala Transactions h which a tender wit accept less than the outstanding balance of its ban as full satisfaction of the obligation: The Company VAR require, prior to the issuamce of a policy of 011e insurance, evidence that the fir•. position trust deed holder has received and acknowledged all payments to be made to subordina position lien holders, regardless of whether such payments are to be made from proceeds or fron contributions by real estate brokers and/or buyers In the subject transaction, lir from other third -p spumes. Evidence shall include but not be limited to: (a) a written demand from the first -position deed holder acknowledging and approving payments to subordinate -position lien hollers from proceeds and otherwise; or (b) a supplemental letter of amended demand from the first -position 1 holder acknowledging pays ants to be made U subordinate lien holders from sources other then proceeds (including broker commissions; and additional buyer deposits), nae Ro.: wle6zo2tes Pew e a e Preen Repon SCE FUNDS"LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-esvow funds by title companies. The law requires that funds be deposited in the Lige company escrow account and available for withdrawal prior to d-abursemerkt Funds received by Stewart Tills of Cagfomia. Inc. via wire transfer may be disbursed upon receipt Funds received via cashiers checks or teller checks drawn on a California Bank maybe disbursed on the next business day after the day of deposit If funds arerecelved by any other means, recording and/or disbursement may be delayed, and you should contact your bile or escrow officer. All escrow and sub -escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts In a financial institution selected by Stewart Tale of California, Inc.. Stewart Title of California, Inc. my receive certain direct or h1o'ved benefits from the financial Institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title of California, Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewan Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub -escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to nogg all principals and/or their respective agents of such nonpayment FW No.: a1180.2a21M Prt nepak SCE Poe 9Ma m 1� '� a �R $g�,`i: [ Y� t'E,•� !_ F'■# ®■ ..� 4i. a '!i�'!- -Yu3Ee � oma, tsE� isvc � o EXHIBIT "A" LEGAL DESCRIPTION Order No.: 01100.202165 Escrow Na.: 01100-202165 The land referred to herein Is situated in the State of California, County of Marin, City of San Rafael and described as foh—: Lots 21A and 22A, as shown upon that certain Parcel Map entiffed'Parcel Map Showing Lot Line Adjustments of Lot' 10 through 22 of Map of Oakwood Und 2, filed In Back 19 of Maps, at Page 11, etc., City of San Rahe), County of Marin, State of California', filed for record September 14, 1989 in Beck 24 01 Parcel Mag;. at Page 29 Marin Comfy Records, APN: 012-32"9&012-320-10 (End of Legal Description) CLTA Proamfnary Report Form Exhibit (Revised 06-03.11) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE Tim keowoq manors da e�reeely e.reded hon N wwraae or Oaf pd;cy and tlm CAmDew ab ml Pw �a or eanraR, a -b, —mll keg wegermas wbdr m q mason a t. (.) A" bw, wamems a parmmmdN eaaaum (hekdlna ba nor ann.a m eumrq w xormm Iowa. wdherma, w reg--) mendhre.reaNamq.Per cwr v0)m.«o�Dmy.we,erdVw—mhnwna.Wm.mm.a...aanamknswk—fi.a Any m48.wnaM row w Mmdbr erected en be latll (V) a sel, e In ow Np ore dhw it Bre de.embm .r me a Be IwN wew P.nelawhdrde brd m..an..sn: wIYd e___ 'a _ or me eaed a any Ndarhn or laws. -e -sa tlwerrmentel mo—nw or -_V form. N.bmn weteaee vlola.n aR Ire mo Iwgicor been—ded In me wb& mord. al DNe .f P izv. (h) Aay a0amrmemtl pa¢ purer nil eadWeO hY (.) ebosm, s. -p m Bm eater. mil. reg- a ere e.ertus Brereof a m8- d a 0610A sm w .masbama nn " hum s dob3en w ebped vldee.n dredit land nn bush rarsd.e her ps6lm reewde N Dsee a Po§w. (b) My patmrmenlN DdYx Dowd nor wAWadeO by (s) oboe, e.wpl m me aaea NN a nod- o(Vm s.m®e tlmmd.r rr.lss a dekd. kn w M brmea rewb V para • Vo w eheae0 NNeeon eeetli� tlw krd nae been recwtlee es Lha m.eic mvatle s1 Oalaa Pokey 2. RWae a emwm donehr umau nodus a dm ..erose 1—d icor been mwdw h ew pWk m-rds N 0.b .l PL -y, bN M adid'arp hum mwaaa arty t N whhe --ed prmr k Deb of Pap srneh wares Do badrq an ee r isms elf, purchewr M wIN -moil hmwbdpe. 3. Defede.eety, enadMll-e. adxxu loon. or orad mNbm: (e) wnebpr w rot recadad h ew pWq m -ms N Dale of Po/ey. DN veebd, avevrM,.sewnae w aa+..d b DY tle homed dammnt (lfI rUl.nt w b aw CwnPew• k recoiled h Bm pudic nc.Na d Oek d Pd%bub firman m ira Moved 1 W. p ky nil ®..used m wdkgbere Ca-orwemimaredd'i l vi., I. Va tlNa e1e Wumd dehnW bcuma en irmumd uMer W. paw: (.) _hk m m mu w damage k Bb hrswod deBrmnC (a adeclrhrawveNed subs 'bwbaPdky,w lel m.brq h mea ar d— wM1tlr w -B rot hw. been ermbhed a Brs hmummm d elaln nom PNe wpm fw tM Ymrvetl matpeBe w mr en ealN. a.a.mN mN+ad W orb po&y. a. urem.+meabah a dw Ben a de Ywwad morq.ge be-vaa a Vre huffy w fewrm d me kmwH et Dam d POB-. w me habalY .r haat a sM s eaa4aea owmr a Bb hdebmareee, k campy ani Bre app8rsae ddre wmhcu laws a Bre Nam pr wfdtlr em Wil m .putetl. 3. hm.Bday w caw xba y d 8e Wr d ee bwree mm�e8e, .r dmn —.l, —0.nue aril d mm manaeden s,xi— by Bre Imured monpi;a and is bawd upon usury d spy -nNm'.r oed4 picumbw w 61eb In lend ng law. B, MYde.n,MrMeriweeW.IBe trarmeakn ves&eh MatNABd@m OeW.ol kdweal inaWod by bMaD�'-lwm. trenuvmn wealLp em IMdaet ails hme.d 4Mm, w reason d on otremson Dl !Metal brsuDlry, Nab W OMrrry a ehdm vedeas'rghe Ian. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I TNe P...y e -a ml—re aprmrsl bw w damage (.rel be C.rmuy d nor psy cmb. aMrtey.' bee a s.pemea)'Nedl Brno by moan 1. Tata w.easmsrr x wrkh sm ml .hewn es amag bene by ma r- a AnY bxve euBerdy met leve Ieaaa a euewmems .n a+l pl-,"or by Bm P. remde. Pr.mcdrpa hysprCdc sae ywNCnmq aauBmlvaee waeaeemmne.wmerea.l audr pmcaedays.wlmerorw mlMPM by me m -w a,wr eadrww w orb -aro m..roe. 2. nip lads, rpMe. Immoam, w rbwe aNm Ns torr Wwer by nom puDhc r.c.rtla ba wnAl wub be .a-naMd DY oA mepeW- a1 the Imd w lM may be w d In pwaorm h,—eNwl memo! 3. Eesdnana. Ikna w msvenbrwees, d da'vra fmrwl, whldr en ml Nmwn M he pubBe recwde. 1. 0um, a. -neeb h Dwrd W Bnes. ahwlege In ores. emrmdvnergs. w mq darer ler'. wNm a ranau eraaey wow disd.a. ani wads a+e ml drown by ee ISIGke m -de, S. (e) Ilnpele a m'vr'eg clmrm, (b) memyeeom w vawptWm h Is— w h Acts srBh inrq the mean- Ll 11 (c) ..ler dqv, damn a LNe b waif, wndna w rot ee melts —PLeJ —1 1.), (b) w (0 am — by the puhBo lewrds. 9. Aw can wnpMba Nen rw seM-a, bpawmddbl ml'nw.n by eb Pmtt__ (R.,, -11) Ppe 1 d1 FBe trm . 81186202163 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE EXCLUSIONS m saloon m M Easepll In S 0. B, You aro IN boumd "seal WB, mw..lmrmya' baa. aro eawreea reaWtiip Dam: 1. Cowmnard.l Paden purer, aM M lablenee «aWapan d 6asa parWru Pf eM by a pdennmrl repubpon L'orn-erNV- !. Wadi"; b.Ind c wbp um; B. bb NvbmR 1. DRvtrpraBadel oA Thu F"� tlwanN Ink lmpdN average dasdYatlb Lospred Riek0&, 14, 15, 18. 1e, 19, N. ]]ail. 2. Th IWue PI Yoa Bsu., avudu any wn PI _. m be mrwauticd n amomaae ween .,Deeds bumbq mtlem. lhm p 4_nal CIA lro.-" dwdbadwCoapred R. 14 «15. 3. The d9M ID bMc pa Larltl by Cd-ArV II. TRs F G.I. does roe U. M covarape kNx ft d In Colcrod Rbk 11. 4. I91FY: a. 1hl ere de.md, bab,In. a Bmaed m by Ya, whemv or IN Bcy "pear m IM Pfilc Resolve, D. that are Nwmn b Vpu al M Popcy pale. WI IW b Us, unW. maY ale rewded In pa Pubic Rvsama a1 M PB6.j Oam; D, mm rewd m ro oxer%j Io YW; a J. vat ail 0- Ins l>Wcy I]am • ma tom IN ens M m.ereDo eBadmae m cplaree Rbk T. e.e, 25. N. v «ze, 5. rwM wwy'm wYow TAe. 6. LMr w.Ilphk a. b any bid oubi0e me WB. apedesa0, desalted W rebind 10 n wr"roph 3 d Sdrdde k aM D, m tlrtob, aisys, awatmreys ba11Wd1 M lend. lhu Evtknion does nd Inde Ins mverape deavted n Launed Rest 11 a 21. T Tlq lrarttardtlm The bYWbmaad esapreblmad p.retr or aaaheW ltr.nabr«zawryanca W.r lwmrW b., pty. LUTAT10M pal 201IERlD PISKS YOW]insanes br Br INIaft Cowed Rb4 b fmh 1 m Dre Ow Cwk,,e Sb -Il as More: Fa Cg dRuk 18, te, 19, Ink 21 YWr OMugflb Anawd e+w Our k nIw-llm9 dL-.yshownm SCm A. Tho tledaltb.mvurA nd marvman d GrtlbshownonSdudNeAnau104- YourDeducltm Mwrrq Our lb ,I plot LDA d lmDely Cowml Rua td: 1%ol Potlq ArrwW«s2.800.00 510.x.00 (vdWmsw b baa) Cowrotl Rsk 1p: 1%0l R>Bty Am«mt « SS,W0.00 I25,600.00 (Wddvaprb Wal Cawred R. 19: 1%dPAm SS,000210 (25,000.<W (wh'die_ vmbu) CMa�etl Rak 21' 1%P l ,4Imoada j2,pDOCd 35,03].00 (MYtlareru ala) (Rov..60Y11) P"a 2 d4 FU Number, 611 6 6 2 021 6 5 2005 ALTA LOAN POLICY (06.17-06) EXCLUSIONS FROM COVERAGE 11r Mw.bp emlbd tie egreasry oad Nod Dom M cpsxv®pe of eN Pa6q, W fro LomwPY wand P+Y ba or dWn.9e, aab,.porWrya' fees, a eMeneea NW.Me le rce.on ac 1 (a) AM law. WdIe . ponldl « DWemmmbl rcp WW (ha by Puree mMm b namnp .M zoom]) readdmp. rnbaft. pmNDR", W aebYgb (I) pro otaganq, use, «aryopiceN al lne land; ' (Ip BH Cared«. mnwams,«bcae'on alaM mWaanBN erecleEa Mlaro; (If) MwbaMwnof bn0; or lM enwpNnvron Wdacdan. or M l.Ltl d .ny Nde c d Mu laws, ordeu�e. «pawnplmnl>J IepNnp«d Thb Eztlwlan 11a1 dose roe mbdde a drra M A4 pa mouafe0 under CowrW Reek 3 (t) Arae Rj awMbrvyal Pda pwW.11da Fidabn 161 dost IN modpy W imd M mwnp. provdld under Covertd Ruk d. 2. RphNolmNran mm.n. TNa btlubn does"l modq«MaMmwr"Bprovbbd Wer Cowretl RINTWB. 9. D.4tk Web, endeMnncoa, sdwne dams. m -1 madero (a) deabd, atoned, uauns0. «"reed b by pre Naurtd Cb -,, ib) nW Knbvm b tlr Compmy. roe rcmrd.d N M PUDh. fl c el pato d Potcy, W ✓own w m In+wed CW nv sew nal dbWyLAManflkpb MCompaM Dy lie Insured CI _ Plmrm tlR doh th belied Ciaimani De[vie int Nsumd undo IRs polis: (bj revetdfq m ropes «tam"! b W Muted NIq 0 Id) ale 1. «asam.weaam b D.p dPpq Dawpv.a Ou does roe moat W tent ma cowrap. "•"Naas rawer eowaed Risk 11. la, «N): W Ie) rosutmp m faaa«damage Mtwa/d nothmbean alwedud dpu bwetl CmmbW nae poen vobe b dm Irewoa Ma�spe. 4. llrcnhvaeCNy d p1. bn of M klr k N«spga bassos d ee I My a false Wen baurtd W mnyb - eppM dohp- bBpneM bwa of M alb Wren pr lWN u.tlY.ed. 3. In"my « In..betty m .h « m Pad W M 1. d M meted Nonage mal vase our d M harmad'mn aNdarv»d by M mated Ml%p aMb bleed­nueuy or aM mraumW W dkprdedlm I h lh-V bw. I, Arty Wbn,grtewnolpm dwramndmo wbeNmmlq, slab meslvenq,WasnOW vetllbrs'/ghb lore. dfd Mtradealhp pea Oen of M bwwed NWlpaDe, u (al. M1WNubnl nulwyarae «tr.wumd o -an. dr (bj a prebrenm eemr« DR Bna'red.an nal elaWdmd m eaaprea R®k 13(b) a:nN Po&Y. T. AM lien an pr TM b na nlue loos W aueumeda anpoud by Dewnumnbl.ulh y W dbebd al dbdv bBlnen gab d Pdq aM M d.m of =NOV d M baured None"d kl ben P x Re It. TM Floon does rat muddy W Ilk M m Vb pl~ ansa Co d Rba 11(b). TN - okay brm into W uswd la a1bN .- Sbnddd Caws"e W Faferwetl Cowr.w, In .ft- m M .bow EvW ewre hmn Cawr.p. 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(b) I,— a eamWWu m pa ks W M Ada rdbabap ar wu.nn memar, (wain rqN.. �dme or 0110 m wale, shaaqur u ml Ins ma6an oaalAed vr(o), RI (c) We town by pro pubsc rtmda. 8. Aly lan«dgM.1 me6m for semens. bbaar m.bna wlsMwn by pea pular records. ft _0111) P.de 3 d 4 Fde Numb W: 011 9 0. 20 21 6 6 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The W.Ang ma oWeea ./ Uded arm ft .-.pd Wa poky. .,dBe C,e;r ,nt-tpay mss wdanape. mete, arb,reen' area, m.apw+aa: tuan We.* beer by neeon or. 1. (e) " iaw, oo,0—, pern'0. a g—mala lag~ (MuSkV No.a ratato0 b baling — :army) r.s untie'. lag teo g, prdaoft'l a role" re N are, oay.Par ). vas. alagoymwM1.1f tan: M aetlmanaeodenenslorb, abndauof a, beleaemeM ae4edmab larC; (Kj eine UbaA—.fb,M;a, fM arMnn,arnA prdeabn; a the alba al wry vlda.bn dtivae laws. wdvwxea, orpwanmeMNraip/eGab. ThisF ofution1(e)doe.intmodifyar6rAfew to—ge Pmsded ume, Cowed Rsk S. Nl Ariy paammamel paJ x paw. 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What aAarte,g un I Ibnh7 AMaugh fed®nl aid W. law give you bin ,gid to b1a1 blaring (e.g.. opt -Q o rvddn rara art, we do rwt Man yarn --enol WodmNon in ansa nnbewe.. Coamcf us: H you here any questlaru smut rh, pmxY rwNee, p,sss eon,tt ua at S,wert Title Gwnnty eanW m, 1990 Poet Osk &Ytl., PNrab' Olfkvr, Houston, Tessa 770.56 Ftlo No..b1180.2p2165 Papel Realm 11-19-2013 .�� a •m e yS O al nal tom^ 6y i t taw vc eb 3 4 ® e s e$ p#s 3� o 8 8 i Nq s s 4 u .V N Cis' 1 . ' y 1 ' ` �so O l $ o - 3\ W L4rQ +ae d � m m =1� C C C ® ® dsw.�w�^•a i.ua+a'p I �,pwveo�rs� a�� m.., it 0 1 iK�---t L `s 4L L� 9��+ f• n f ' WIN - 0 PW' rot WD Sub41'� .... p.lb ld. �pc: Dr�c" Ilk HIit I i2 qj,41il f8niill lit I Il Q fat i T I lit ; I —Criptloo; a In,= SublUols bbp - JNook.Fage 19.12 Boge: I f 4 202165 Ct: Do.=IpU­ tl JNN,Qk ftbdivjnan Nap - 23ook.p,g. 39.12 Page: 2 of 4 Ord— 202165 C Nnt: till till I ILI 15 141ii Q'i U Do.=IpU­ tl JNN,Qk ftbdivjnan Nap - 23ook.p,g. 39.12 Page: 2 of 4 Ord— 202165 C Nnt: ATTCHMENT 5 Correspondence to the City Council and the Park and Recreation Commission and Meeting Notice CORRESPONDENCE REGARDING GREENWOOD AVENUE OFFER OF DEDICATION RECEIVED ON THURSDAY AND FRIDAY, SEPTEMBER 1 AND 2, 2016 Please do everything you can to maintain the Greenwood access to the Makin Grade trail. I purchased a home near the trail 8 years ago because it is a wonderful area for kids and dogs! I'm sure that this trail improves property values in Gerstle Park and brings many hikers and dogs to a beautiful part of San Rafael. Btw, I appreciate the improvement in police presence around 4th Street!! Carol Abrahams - San Rafael 2. Dear Mr. Jensen, I have lived in the Gerstle Park area for 15 years now going for a walk nearly every day. The Makin Grade Trail is an integral part of my routine. I understand the the City of San Rafael has the opportunity of making the Makin Grade Trail a permanent open space, available to the public, in perpetuity. This trail is historically significant and continues to have importance and give pleasure to many people on a daily basis. This is an excellent opportunity for the City of San Rafael to step forward and preserve this trail, continuing to enhancing the quality of life for all of us who live here. I sincerely hope that you will give your support to ensure that Makin Grade Trail will continue to be open to the general public. With thanks for your attention in reading this email. Yo u rs, Adina Beaumont , San Rafael, Ca. 94901 3. Please... You must save this trail for open space, hiking, it has historical significance etc.! My husband was born and raised in San Rafael and I've been here 38 years and this is a precious part of our community! I understand some of our neighbors want to purchase it to save it and this must be the final solution III Do not let it become a private driveway as we cannot afford to lose this forever. This is a forever decision. Sincerely, Caryn Papiro, G. Park, S.R. 4. Dear Paul Jensen: I have owned a home in Gerstle Park for over 25 years and have enjoyed the use of the Mak-en Grade Trail as well as other Open Space trails from Clark to D Street. Not only for us liumans but this trail is iniportauit to wild life. I have been enjoying the deer and other aiiiliials who conte through niy property on a dally basis. Regards, Thonlas Butuier Sal] Rafael, GA 94901 5. Good morning, Jim and Paul: I understand that on September 6th the City Council will be discussing the donation of two lots abutting the Greenwood Open Space Preserve that will ensure the preservation of a portion of the historic Makin Grade and enhance access to the aforementioned Open Space. This is an opportunity not to be missed since the donation will be made by neighboring property owners to the City and is to be implemented with the assistance of the Marin Open Space Trust (MOST) which will bear all the closing costs associated with the property transfer and donation. I , for one, believe that this proposed donation of lands that results in a modest extension of existing Public Open Space Lands is clearly in the public interest. It will be accomplished at no cost to the City of San Rafael , and , therefore, I urge that the City of San Rafael accept and expedite this donation. Sincerely, Roger Roberts San Rafael, Calif. 949901 Tel: 6. Dear.lim, I hike the Makin Grade Trail every morning with my husband and two friends. We feel so luckyto have that open space within a short walk from our house (we live on C Street). On our daily walk we meet many people that we have come to know and chat with. We have just learned the historical nature of the path from talking to our neighbors. The trail is a very important piece of open space in the middle of the city. We hope San Rafael will keep the Makin Grade Trail open for public use, it would be a great shame to lose this fabulous asset. Sincerely, Fran Halperin, Fran Halperin Halperin & Christ, Inc. 2 7. Paul and the City Council As many of you know, we brought the old Brewmeister's home of the San Rafael Brewery here atmreenwood Avenue back to life. The old Makin Grade was alive and well as a stagecoach road to Ross and Bolinas in brewery times ... and likely a stage stop here after a long, dusty day on the trail. It is important to keep the Grade open as a part of the great hiking trail system here in San Rafael and we encourage Paul and the Staff to work with the Council to approve this opportunity to clarify ownership of the Grade. It appears to us that the transfer of the ROW to the subdivision was inadvertent or ill advised and have not found a paper trail that shows the City followed proper notice and procedure in converting this public property into private hands. This is the perfect opportunity to clarify public use of the Grade and tie it into the adjacent open space. Thank you for your efforts to approve this acquisition. Ron Moore and Christie Nelson 0 8. It has come to my attention the Makin Grade Trail at the end of Greenwood Ave is being consider for possible development. I understand there have been private donations made to purchase the land and donate it to the city to ensure it remains undeveloped open space for years to come. I heard the city is resisting the donation so I thought I would take the time to help those in the city better understand how this small patch of land has united a community. I moved into my home at 138 Greenwood Ave 15 years ago. Shortly after my arrival I was introduced to this wonderful trail at the end of Greenwood Ave better know as Makin Grade Trail. Over the years the trail has grow In popularity with dog walkers, elderly and families. It's been amazing to see how this small patch of land turned I turned into a community center of sorts. It's united the neighbors in a way not often seen in recent times. Often while in my yard I'll observe familiar faces of groups heading up the the trail. I'd swear it gets more traffic than Gerstle Park! I wish there was a better way to convey the importance of this trail to the community. If you were to install a camera or two for a week I think you'd get an better idea. Hopefully you'll see a way to break through the red tape and help these lots get converted to open space and preserve the trail for generations to come. Thanks, Thomas Hogan San Rafael 9. Dear Mr. Jensen, I am writing as the owner of in Gerstle Park to let you know of the importance of keeping Makin Grade Trail open for public use. This is a neighborhood trail that many people use as a gathering place, recreational hiking area and dog walking. It is also part of a historic area. This trail is linked to open space and provides a safe passage way to hiking the other trails. Please do everything you can to protect Makin Grade Trail. Thank you for your consideration. Sincerely, Jenai Lane 10. Dear Mr Schutz, I am writing you to implore you to keep our hiking trail open along the old stagecoach route which is now called Makin Grade. I have been hiking there for the past 26 years, since I first moved to Gerstle Park. The trail is only 10 minutes from my home on Ross Street, and it has provided countless hours of relaxation and exercise and sometimes socializing with my friends who also hike the trail. It is a treasure which we are so fortunate to have out our back doors, and it is. enjoyed by a great number of people in this neighborhood, and occasionally their dogs as well. We all take great pride in this trail and various people have volunteered to keep it properly maintained, such as Hugo Landecker, my neighbor Mitch, and an elderly gentleman named Rene'. If this trail is closed due to someone's private driveway being constructed, I will have to get in my car and drive elsewhere to find an equally lovely and accessible trail. If the money is available to set this aside as open space, this seems like a no-brainer. There are many people who use this trail for fitness, a quiet respite, and a restorative communing with nature; you probably won't receive emails from all of them but I can vouch that the trail is much used and loved by our neighborhood residents. Please help us save our trail!! Sincerely, Cynthia F Cushman 11. From: Deborah Lennon Please keep this area open for public use. As you know one of the reasons Marin/ San Rafael is so popular is the easy access to walking and hiking trails. As the populated areas are increasing and the traffic becoming almost unbearable we need these areas more than ever. This particular 4 area allows my dog and I an area of respite without having to get in my car and driving somewhere. There must be someway to keep open space available for our community Sincerely Deborah Lennon Resident of Grestle Park for 30 years 12. From: Land Wilson Dear Jim and Paul, I am a San Rafael resident living in the Spring Grove Canyon. I grew up in San Rafael and came back here in 2004 to raise my family. I am emailing you to voice my support for protecting Gerstle Park's Makin Grade Trail and Open Space. I use the San Rafael City Open Spaces in my canyon and the Gerstle Park canyon almost daily. I am a children's author and I have a routine of walking and writing. For the past 14 months I've been writing a middle grade book specifically about the wildlife that inhabits the forested areas of both Spring Grove and Gerstle Park. Coincidentally, I am working with a coalition of other residents, the town of Ross, and Marin Open Space Land Trust to preserve a nearby 10 acre section of the ridge not far from the Makin Grade Trail and Open Space (404 and 444 Upper Toyon). This land was annexed out of San Rafael into Ross in 2007 by the current owner for development. As of yesterday, I have learned from the owner that development plans are not going to happen because it has been documented that these forests are home to an endangered owl species. One of the things that makes Marin such an incredible place to live and/or recreate is that over the past century, people have stood together to protect our natural open space areas. I implore you to support protecting the historic Makin Grade Trail and open space area. If you would like to discuss any details about the wildlife in these areas that I have come to know and love, I welcome your calls. Sincerely, Land Wilson 13. Hello Mr. Jensen, Our family has enjoyed the Makin Grade Trail for over 20 years and have spotted both bobcats and coyotes on it. It's a neighborhood treasure and should be preserved and enjoyed for generations to come. Your help in making this happen would be greatly appreciated. Kathy & Dan Slane San Rafael, CA 14. 1 am writing to strongly endorse the acquisition of the two vacant lots at the end of Greenwood Avenue, at no cost to the city. These properties are very challenging and unsuitable for development due to their steep hillside configuration. Conversely, they are wonderfully suited to becoming a permanent part of the adjacent existing Open Space. As a frequent user of the historic Makin Grade trail, which traverses the border of these lots, I have personally observed it to be a vital wildlife corridor for most of our native species, including the endangered Northern Spotted Owl, and neighbors have even spotted a mountain lion every few years or so. The trail is maintained by neighbors in terms of clearing brush and annually cutting down long grasses adjacent to the trail, reducing fire hazards. The trail is already well known to the neighborhoods, and the posting of signs designating the entry should not appreciably increase traffic. The existing open space does not receive any maintenance (to our knowledge) from the city, and thus the addition of these two parcels should not add any maintenance costs to the City. Residents stay on the developed trail, so there should not be any significant liability from the property addition, as it is too steep for people to hike casually. This seems to be a tremendous.win/win, allowing the City to protect a historic trail and add to existing open space with no acquisition cost. Please approve and accept these lots and augment the Open Space while we have the chance to preserve a few more acres from development, protect a beloved local walking trail, and help preserve habitat for San Rafael's wild residents. Sincerely, Susanne Lyons Resident of Upper Toyon (adjacent to Open Space) President of the Board, WildCare 15. Email Address Send To Community5ervices Please enter your questions/comments below Save the greenwood trail!! We have lost so much history, particularly in San Rafael. We need to hold onto a trail used by so many and with such historical relevance. I urge you to demand Marin County take on the responsibility of the 3.1 acres of property to protect the Greenwood Trail from development. 6 CORRESPONDENCE RECEIVED ON TUESDAY, SEPTEMBER 6, 2016 1. Hello, I'd like to add my request to please help us keep our wonderful trail and access to our open space open and available to all. This is such an important and historical community resource, and helps keep our neighborhood and its residents, both human and canine, healthy, happy, connected, and able to avail ourselves of our beuwitful surroundings. Thank you for your consideration. Marney Craig Gerstle Park Homeowner and Resident 2. Hi Paul, I am a long time resident of San Rafael, I remember when the Montecito Shopping Center was a yacht harbor and I remember the beautiful old court house on Fourth Street. A lot has changed over the years in San Rafael, some are not to my liking, but others have been an improvement like the revitalization of Fourth Street and the creation of city owned open space around Gerstle Park. The City of San Rafael has a rare opportunity to obtain property that includes part of the Makin Grade Trail. This trail is a vital link to access existing City of San Rafael open space and provides residents the opportunity to enjoy this historic area. I am one of the many people that use this trail on a daily basis and It would be a tragedy for San Rafael to lose this resource. I encourage you and the City Council to approve the acquisition of these two lots. Sincerely Dr. Donald Guttman 3. * Please enter your questions/comments below Hello, I'd like to add my request to please help us keep aur wonderful trail and access to our open space open and available to all. This is such an important and historical community resource, and helps keep our neighborhood and its residents, both human and canine, healthy, happy, connected, and able to avail ourselves of our beuwitful surroundings. Thank you for your consideration. Marney Craig Gerstle Park Homeowner and Resident 4. This letter is a request that the commission accept the offer of 3.1 acres at the end of Greenwood Avenue. If the property is allowed to be developed the neighborhood of Gerstle Park will be permenantly cut off from accessing the existing 30 acre open space above. We, the citizens of San Rafael, will lose the very historic stagecoach road that many believed to be part of the open space for many years. Please approve the addition of this small parcel to the city's open space. Leslie Simons 5. Hi Guys, We just moved up to Clorinda and find that the area doesn't have quite the walking paths/loops that some of other places in Marin/San Rafael have, considering it's also a fairly dense population group in the area (although quite a fun one), it would be great to persist a walking loop by joining the open space up in that area together. I would also assume if the loop doesn't exist, that there's a potential for usage of the remaining land to decrease and potentially be more of a liability to the city as it would get (I think) a lot less usage at that point from residents. I hope you can definitely consider the proposal to include the parcels in an open space strategy, although new to the area, we've already started walking the loop :) 'thanks, Robyn Battle San Rafael, CA 94901 CORRESPONDENCE RECEIVED BY COMMUNITY SERVICES DIRECTOR —SEPTEMBER 13, 2016 1. Please help us preserve access to our wonderful Open Space by protecting forever the historic and beautiful trail on Greenwood. The historical significance, the sense of community and camaraderie it fosters In this lovely outdoor space, the easy access for both our human and canine residents, and the protection of this parcel from future development will have a huge impact an our neighborhood and the city now and forever. Many of us use the trail on a daily basis and the privilege of having access to nature so close by is something we all treasure and appreciate as one of the great benefits of living here. That someone is willing to buy the land to preserve it is truly a wonderful gift and a special opportunity for all of us. . We sincerely hope you will accept this generaus offer, Thank you for your consideration, Marney Craig 2. Makin Grade Trail - please keep this trail open for public use and available to hikers. Itis a beautiful trail and pari of San Rafael history. Please do not sell it to developers who will take the trail away. Sherry Jacobs Regarding saving (Makin Grade Trail: I am a 100% supporter of efforts to save the historic Makin Grade Trail -- the old stagecoach trail which now extends through private property from Greenwood to the ridge top of Makin Grade and Upper Toyan! 1 use the trail weekly, a connector to several existing loop trails up to the ridge line, through Gerstle Park and even extending beyond Wolfe Grade. I beg the City of San Rafael to purchase this land and add it to the existing Open Space preserved land, for current and future residents of our fine community. It would be tragic if the City cannot step up and honor its responsibility to preserve this beautiful and secluded (short) stretch of our shared history which otherwise will be lost to future generations as private ownership will surely result in its demise. I'm sure that resources can be mustered for the relatively easy maintenance that this trail will require, and count me in if the City needs local citizenry to help with maintenance! Kark Weigl 3. Please approve the acquisition of the Open space access on Greenwood Ave! This trail is.used all day ever`/ day by many appreciative residents of Gerstle Park and San Rafael. The trail requires very little maintenance and I believe the value of maintaining this green space is well worth the benefits to the city of San Rafael. Carol abrahams 8 4. Dear Council and Park & Recreation Commission. For the past 25 years, I have been living in and enjoying the trails and nature that make Gerstle Park such a wonderful place to live and hike. Please vote Yes to acquire the Makin Grade Trail. Thank You. Thomas Buttner San Rafael, CA We are urging the City to accept the gift of 3.1 acres of open space at the end of Greenwood Avenue. Keeping trail access to existing open space makes sense, and keeping our history makes even more sense. Vicki and David Sievers San Rafael residents since 1980 6. Please accept the gift of the 3.1 acres at the end of Greenwood Avenue! Keeping trail access to existing open space makes sense, and keeping our history makes even more sense. Thank you from a local Marinite and avid hiker. Sophie Fleming I am unable to attend the Thursday hearing on the potential addition of 3.1 acres on the Makin grade to city open space in Gerstle Park, so I would like to share my comments on the proposal via email. The parcels the Marin Open Space Trust (MOST) is in the process of acquiring are currently being used as open space though they have not been formally designated. These parcels would be adjacent to existing open space areas on the hillside. The loss of the parcels as open space would block public access to existing open space areas, and cut off a widely enjoyed trail route in the neighborhood. In addition, the parcels would improve the existing open space's value for wildlife by increasing the area of connected habitat on the ridge. A "Wildlife corridor" is a habitat linkage that joins two or more areas of wildlife habitat, allowing for movement from one area to another. It is state policy in California (AB 498, signed in 2015) to promote wildlife corridors and encourage voluntary efforts to protect their functionality. The state bill (written by our Assemblyman, Marc Levine) describes how habitats critical to the state's natural diversity are in danger of being lose, and connectivity between wildlife habitats is vital to preserving biological diversity. The UpperToyon area adjacent to the open space contains a nesting site of the federal and state threatened northern spotted owl. The US Fish and Wildlife Service map of northern spotted owl range extends from Washington state south to Marin County -- so this nesting pair is at the southern end of its range. The species is vulnerable to human disturbance and we are fortunate to have a nesting pair in the city. In addition to the spotted owl, San Rafael open space is used by bobcat, mule deer, coyote, gray fox, many species of migratory birds, wood rats and other small mammals that serve as prey to spotted owls_ Maintaining the area of habitat open to these species increases the likelihood that they will continue to forage and make homes here. In accepting the wonderful gift of this open space from MOST, the City of San Rafael has an opportunity to combine preservation of a unique historic resource with preservation of an important link to existing open space for the benefit of people, the benefit of wildlife, and the benefit of our sense of history. Liza Wozniak CORRESPONDENCE RECEIVED SEPTEMBER 15 THROUGH 18, 2016 1. Dear Mr. Schultz, 159 Here is our support of the inclusion of Makin Grade, San Rafael, into open space. I wrote this piece about six years ago and have updated it to fit what we trust will be an affirmative vote from City Council. Thank you for reading and dispersing to City Council members. Best wishes, Christie Nelson and Ron Moore . San Rafael, CA 94901 Dear City of San Rafael: I am a longtime resident of San Rafael, and one of the things I love most about my community is the easy access to natural beauty and open space. My wife and 1 bought our home on Miramar Avenue in the Gerstle Park neighborhood in 1994. We are avid hikers, and we especially love taking the loop from our house, either up Clorinda Street, through the open space and Upper Toyon and back down Greenwood Avenue, or in the other direction, up Greenwood, through the open space, and back down Clorinda. We are extremely fortunate to have open space like this in our neighborhood, and even luckier that the owner is willing to donate the land to the city to keep it undeveloped forever. In Mill Valley, the city has made its lanes and stairways a hallmark of the community, with special signs alerting walkers to secret pathways. Many of these have been lost in San Rafael. My former neighbors, the Claxon family, bought a city path or easement that ran between our houses in the 1950s, which once connected Miramar Avenue with Woods Street. That is now private property. On another junction, near one of the spots where Miramar and Miraflores avenues intersect, a stairway once connected our hillside neighborhood with Second Street, but that has been closed since before I bought my home. No doubt the stairs are expensive to maintain and insure, but closing them also takes a little piece of the fabric out of the community as well -- and also eliminates a safe route off the hillside in the event of fire or other calamity. I don't know the exact costs of insuring or maintaining the Greenwood open space if this land becomes city property, but as a San Rafael taxpayer, I believe it is worth the cost, as giving it up carries a cost as well. I also agree with the gentleman who spoke at the City Council meeting and posited that the city might face increased liability if it turns down the land offer and cuts off access to its existing open space, forcing people into unsafe routes. I will add that I am grateful the city and its staff are considering all issues and ramifications around this land transfer. I would love to see the next step occur and have the city establish an open space management plan. Thank you for your consideration. Dan Fost San Rafael, CA 10 3. Hugo -I am not returning to the office until the 26th. Carlene McCart is finalizing the Council report so I am copying her. All correspondence should go to the City Clerk (copying Esther too). Paul On Thu, Sep 15, 2016 at 2:26 PM -0400, "Hugo & Cynthia Landecker" wrote: Never too late. They will include all new info up to the last minute. You can send to Paul Jensen. Paul Jensen M Thanks, Hugo Landecker On Sep 15, 2016, at 9:55 AM, Dan Fost wrote:\\ Hugo: Thanks for the update. I cannot attend tonight's meeting. Is it too late for letter writing? Who should I write to? best,Dan On Thu, Sep 15, 2016 at 8:25 AM, Hugo & Cynthia Landecker wrote: Good morning, Important Meeting Tonight I hope to see you tonight (Thursday) at the meeting of the San Rafael Park and Recreation Commission. From 7 to 8 PM they will have a public hearing regarding the City acquisition of 3.1 acres that includes part of the historic San Rafael to Bolinas Stage road. The most important thing to consider is that there will be no cost to the City. This is a win-win for the community and the City. It doesn't get any better than this. The Commission will make a decision on this important acquisition to the City Council and on Oct 3 the subject will again be heard before the City Council for a final decision. Another point that has not been discussed before is access to existing open space (adjacent to the 3.1 acres) by the Fire Department in case of need has not been mentioned. By not acquiring the land and assuming that at some time in the future that the lands will be developed with homes, the access will most likely be hindered by a gated access.We need your presence at this important hearing. 4. * First Name this is an email in support of the addition of open space that is being proposed in Gerstle Park Josh Powel Community5ervices * Please enter your questions/comments below This is an email in support of the addition of open space that is being proposed in Gertle Park. 5. I am a Gerstle Park resident who uses the open space for walking almost every day. I think the value of connecting already existing pieces of open space with a path is a no-brainer. Especially since it is being generously offered to the city at no cost. Furthermore, how is the fire department supposed to protect the city's investment in land without 11 good fire road access. I urge you to do the right thing and recommend that the city annex this gift of land. Thank you, Laurie Oman 5. 1 support the city accepting the donation of the Makin Grade property. I hike the trail all the time with my family and it would be a sharne to let such an opportunity to acquire this property go to waste. While the hiking is great, my main concern is fire danger. This road gives the city access to better protect our neighborhood if there was a fire on the other 30+ acres that is already city owned. Christa Gatewood 12 To: San Rafael City Council Members September 16, 2016 Re: Makin Grade Fr: Christie Nelson, Gerstle Park hikers and dog walkers know the trail called the Makin Grade. The shady route beckons at the upper end of Greenwood Avenue and zigzags up through the cool, mossy woods. At the top when your feet hit the asphalt on Upper Toyon, you leave the only part of the historic Makin Grade that has not been paved over. What hikers may not know is that 130 years ago the Bolinas Stagecoach thundered down this steep course onto Greenwood Avenue past the San Rafael Brewery on the final leg of a three hour journey delivering vacationing passengers from Bolinas to the Marin Stables on 4`h and A. There they bordered a train to Sausalito and then a ferry home to San Francisco. In chilly rain or dusty heat, expert horsemen like Thad Lewis and Leonard Nott drove two or four draft horses that pulled these heavy wagons bound with passengers and goods from Bolinas to San Rafael over twenty miles of rutted road around treacherous turns and over twenty- nine bridges. The journey took three hours; the fare was $1.50. In 1878 the county paid Jesse Colwell and J.H. Wilkins of San Rafael $16,000 to build the new route from Bolinas to San Rafael. Portions of the road were laid out along the old Miwok Trail. Today if you walk the Makin Grade, you're traveling in history, and please stop by to see the only remaining building of the San Rafael Brewery at 119 Greenwood Avenue, the residence of Fritz Goerl, Brewmesiter, that we call home. Information retrieved from "The Bolinas Stage" by Brian K. Crawford httn://i�on�e.cumcast.nsr/- crawl'ord.b/Css,ivs/Bot ina.cSta-,ehternl The Bolinas Stagecoach on 4`h St., San Rafael Marin County Genealogy Society http://www.sfgenealogy.com/marin/0urtowns/ot—sr.htm 11 " w � a lvr M S tea: Esther Beirne From: Carlene McCart Sent: Monday, September 19, 2016 2:07 PM To: Esther 8eirne Subject: FW: San Rafael Contact Email - 9709858 From: Mary Ryan On Behalf Of Community Services Sent: Monday, September 19, 2016 10:43 AM To: Carlene McCart Subject: FW: San Rafael Contact Email - 9709858 From: form enctinerc fs18.Formsite,ccm fmailto:form enaine(Clfs1S.form site, coml Sent: Thursday, September 15, 2016 9:24 AM To: Community Services Subject: San Rafael Contact Email - 9709858 San Rafael Contact Form Thank you lily visiting the City al'San Rafael weh site. This lorlt is Intended for c'ommunic'ating with City ut' Sun Rafael staff. Your input will he rorwarded to the appropriate stal't' nlemher for their attention during* regular busincrs hours. - Note that the City of San Rafael comiders entail to stal'f as informal conutunication. Please send a signed letler if you prefer to nrl6c tour coninleot/gUeSLion a matter of puhhc record. Niall lornlal letters Lo PO Box 151560. San Rafael. CA. 94915. ^° First Name Laurie * Last Name Oman Address 1 Address 2 City San Rafael State CA 1 Zip Code 94901 Picone. Vumber Enrtii address tient! To ('onununityScrNices ::: Please enter )'our questions/coninvals below I :an a Cicrstle Park resident who ttses the open space for walking almost e%cry day. I think the �aluc oCconnecting already existing pieces ofopcn spacc with a path is a no-hrainwe, Espcci:dly since h is Iming generfwsly offered to the city at no cosi. Funhcrnnum how is the My department suppotied ut protect the site's inxatment in land willwut good fire road accca. I ur:eyou In do the right Ming wW recommend that the city annm Tk OR uC land. '1 hank )vu. (,aurin Oman Esther Beirne From: Carlene McCart Sent: Monday, September 19, 2016 2:07 PM To: Esther Beirne Subject: FW: San Rafael Contact Email - 9709858 From: Mary Ryan On Behalf Of Community Services Sent: Monday, September 19, 2016 10:43 AM To: Carlene McCart Subject: FW: San Rafael Contact Email - 9709858 From: form enaineWslS.formsite,com jmailto:form engine@fs18.formsite.coml Sent: Thursday, September 15, 2016 9:24 AM To: Community Services Subject: San Rafael Contact Email - 9709858 ISan Rafael Contact Form ,.., # 1 3 a a Thank yuu I'ur visiting the City of San Ruldel weh site. This form k intended ror comnwnicaling with City ol'San Ruiael stal'I'. Your input will be l'orWarded to the appropriate stal'I' memher for theirattentionduring regular huffiness hours. Note that the City of San Rafael cunsiders email to stul'I' as iniorntal communication. Please send a signed letter if' you prefer to Mahe your comment/question a mutter of public record. Mail formal letters to PO Bu-% 151500. San Rarael. CA, 94915. First Narne Laurie " Last Name Oman Address 1 N�m Address 2 City San Rafael Slate CA 1 Zip Code 04901 Phone number 7"11= Send To f.'onunu nil yservice'. Please enter your questions/comments below I am a (persue Park rc%ident who uses the. open space fat walking almost every day. 1 thunk (lie value of connecting aL-eauh CXitium, piccc4 of opu:n space Willi a path is a no -blamer. F"11ccially since it is bein,t generously offered to the city at no cost. Purt.hu-ntore. how is the lite department tiupposed to prolccl the city's inresuncnt in land withoul ��ood lire road access. I tree you to do the 6011 lhinL, .mil recomrnend thus the city annex this ;;ifl of lnrld. 1'h:mk yuu. i.auric Unt:m September 1, 2016 SAN RA.FAEL HERITAGGE IPQOI�? 127 San Rafael Avenue San Rafael, CA 94901 I III W[GI��[GI7�1�:1� BOARD OF DIRECTORS, SAN RAFAEL HERITAGE, IN SUPPORT OF ACCEPTANCE OF AN OPEN SPACE DONATION FROM MARIN OPEN SPACE TRUST At the meeting of the Board of Directors of San Rafael Heritage on August 17, 2016, the following resolution was proposed and unanimously approved by a vote of the board: Resolved: WHEREAS the mission of San Rafael Heritage is to promote the preservation of San Rafael's historic and architecturally significant resources, and WHEREAS the City of San Rafael municipal code calls for "the protection, enhancement, perpetuation and use of...sites and areas that are reminders of past eras ... important in local. ..history", and WHEREAS a significant part of Makin Grade, the last unpaved portion of the historic San Rafael-Bolirm stage route in San Rafael, could be preserved in perpetuity for the edification, enjoyment, and use of the citizens of San Rafael, therefore The San Rafael Heritage Board of Directors urges the San Rafael City Council to accept the generous gift to the City of San Rafael of 3.1 acres of open space at the end of Greenwood Avenue by Marin Open Space Trust, at no cost to the City. Cynthia Landecker President, San Rafael Heritage www.sanrafaelheritae Member, National Trust for Historic Preservation 415 456-0221 Esther Beirne From: Paul Jensen Sent: Thursday, September 15, 2016 12:06 PM To: Hugo & Cynthia Landecker; Dan Fost Cc: Carlene McCart, Esther Beirne Subject: Re: Gerstle Park --Open Space, Saving Makin Grade Trail Hugo -I am not returning to the office until the 26th. Carlene McCart is finalizing the Council report so I am copying her. All correspondence should go to the City Clerk (copying Esther too). Paul Get Outlook for iOS On Thu, Sep 15, 2016 at 2:26 PM -0400, "Hugo & Cynthia Landecker" wrote: Never too late. They will include all new info up to the last minute. You can send to Paul Jensen. Paul Jensen < Thanks, Hugo Landecker On Sep 15, 2016, at 9:55 AM, Dan Fost wrote:\\ Hugo: Thanks for the update. I cannot attend tonight's meeting. Is it too late for letter writing? Who should I write to? best, Dan Dan Fost 0 On Thu, Sep 15, 2016 at 8:25 AM, Hugo & Cynthia Landecker wrote: Good morning, Important Meeting Tonight I hope to see you tonight (Thursday) at the meeting of the San Rafael Park and Recreation Commission. From 7 to 8 PM they will have a public hearing regarding the City acquisition of 3.1 acres that includes part of the historic San Rafael to Bolinas Stage road. The most important thing to consider is that there will be no cost to the City. This is a win-win for the community and the City. It doesn't get any better than this. The Commission will make a decision on this important acquisition to the City Council and on Oct 3 the subject will again be heard before the City Council for a final decision. Another point that has not been discussed before is access to existing open space (adjacent to the 3.1 acres) by the Fire Department in case of need has not been mentioned. By not acquiring the land and assuming that at some time in the future that the lands will be developed with homes, the access will most likely be hindered by a gated access. We need your presence at this important hearing. San Rafael Park and Recreation Commission 1400 Fifth Avenue (City Hall) City Council Chambers 7 PM Hugo Landecker iI• yOu M,-GcE:stic 1''.71°k --appal space- c.� ll IiK llolil"y witli the wm(J,, "Renu ve; I'n.,m-i Gerstie 1' irk--opcn spree entails" in the q� el� Mt�R1N �� CONSERVATION LEAGUE September 13, 2016 San Rafael Parks and Recreation Commission c/o Carlene McCart, Community Services Director 618 B Street, San Rafael, CA 94901 By e-mail: carlene.mccart@cityofsanrafael.org Subject: Greenwood Avenue Lots — Offer of Dedication for Open Space Dear Chairperson Ralph Mihan: The purpose of this letter from Marin Conservation League is to support the recent offer of Dedication of two vacant lots at the end of Greenwood Avenue to the City of San Rafael for permanent open space. Marin Conservation League's Parks and Open Space Committee recently heard a presentation from representatives of Marin Open Space Trust, who are facilitating the dedication and transfer of ownership to the City. We have also reviewed the September 6, 2016 Council Agenda Report and visited the property. In light of this review, we believe that the City would miss an important opportunity if it turned down the generous offer. Since 1934, MCL has consistently led efforts throughout Marin to preserve open spaces and, in so doing, ensure that diverse natural habitats are protected and that community resources for the enjoyment of present and future residents are preserved. Over the years, an incomparable wealth of parklands and open spaces in the County has evolved. In many instances, this has resulted from the incremental addition of small, strategically located areas of land that have been acquired as circumstances permitted. The three -acre Greenwood Avenue property is not only strategically located contiguous to the existing Oakwood Open Space, but it also contains a segment of the historic Makin Grade and it provides useful trail connections between neighborhoods. Timing is important! Two residents have offered to meet the acquisition price, leaving no obligation to the City to raise additional funds. MCL understands why the City established a policy some years ago not to accept offers of land for permanent open space. However, this property presents compelling reasons to accept this offer. Notably, it meets many of the criteria for open Morin Conservation League / September 13, 2016 Greenwood Avenue Lots -Offer of Dedicotion for Open Space space preservation outlined in the San Rafael General Plan 2020. These include, among others, preserving open space as wildlife habitat and as a visual asset for the community (Policy OS -1); encouraging open space areas that are adjacent to public open space (Policy OS -1b); protecting and preserving the natural value of open space while permitting it to serve as a community resource for enjoyment by residents of San Rafael (Policy OS -3); and encouraging provision of access to open space areas in the design of adjacent development (Policy OS -4). MCL asks that the City fairly assess the limited liabilities inherent in adding these three acres to 30+ acres of existing contiguous open space. Furthermore, MCL encourages the City to move toward fulfilling the General Plan's goal of developing a management plan for the approximate 10,000+ acres of open space that it already owns (Policy OS -2a). In the meantime, MCL urges the City to accept this offer! Sincerely yours, Kate Powers President cc San Rafael City Council adv—pos_GreenwoodAve_Ded iotionOffer_md_2016.09.13.pd f COMMUNITY SERVICES DEPARTMENT PHONE: 415485-3333 FAX: 415-485-3186 DATE: September 20, 2016 SUBJECT: Greenwood Avenue Lots - Offer. of Dedication (APNs 012-320-01 and 10) Dear Resident, On September 6, 2016, the San Rafael City Council reviewed a proposal made by Marin Open Space Trust to dedicate in fee two vacant residential parcels at the terminus of Greenwood Avenue to the City of San Rafael. The subject properties represent approximately three acres between Greenwood Avenue and the existing City -owned Oakwood Open Space. The matter was continued to the Monday, October 3, 2016 the City Council meeting at which time the City Council will act on to the matter. The video and staff report from the September 6th meeting can be viewed at www.citvofsanrafael.org/meetings by clicking on "City Council" under "Archived Video's" and then navigating to the "September 6 "meeting and clicking on "video" and then clicking on Agenda Item #5.b. You are invited to attend the October 3, 2016 City Council meeting at 7 p.m. at San Rafael City Hall, 1400 Fifth Avenue. A staff report for the October 3rd meeting will be available on line (after September 29th) by navigating to the above web site, clicking on the "agenda" link for the October 3rd City Council meeting and then clicking the staff report link for this specific agenda item If you have additional questions about this project, you may call me directly at (415) 485-3340. You may send comments and/or concerns about this dedication in writing to: Esther Beirne, City Clerk 1400 Fifth Avenue San Rafael, CA 94903 citvclerk0citvofsanrafael.orey As a neighbor to these properties, your input is valuable to the decision making process. If you sent correspondence previously on this issue, it remains in the record for City Council consideration on October 3. Sincerely, /s/ Carlene McCart CITY OF SAN RAFAEL Community Services Director 1400 FIFrH AVENUE - PO Box 151560 • SAN RAFAEL, CA 94915-1560 WWW . C ITYOFS A NRAFA E L.O RG ATTCHNIENT 6 MOST Response to City Council Hoard Members Bill Long, Chair David Hansen, Vice Chair Halnh Mihan, Secretary Ann Thomas, Treasurer Joyce Applen, Member Jonathan Braun, Member Don Dickenson, Member James Schutz City Manager, City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 September 12, 2016 Re: Proposed Donation of the Greenwood/Makin Grade lots Dear Jim On September 6 the City Council received an informational briefing on the proposed donation by the Marin Open Space Trust of the two lots at the end of Greenwood as an addition to the City's existing Open Space. The donation would be at no cost to the City. The funding for the acquisition is being provided by two very generous neighbors and MOST would assume the closing cost. During the discussion by the Council, inquiries were made as to whether there were other alternatives to preserving the lots for public use and benefit without the City taking ownership. MOST took the inquiry seriously and explored several possibilities. Attached is a summation of them for the City's consideration. MOST is not aware of any feasible alternative to the City's taking ownership. MOST trust that the City will take title and add the two lots to the City's existing Open Space lands. Thank you. Don Dickenson, MOST Board Member cc Paul Jensen, Director of Community Development Carlene McCart , Director of Community Services Bill Long, Chair, MOST Ralph Mihan, MOST Board Member www.marinopenspacetrust.oxg 415-884 2270 P.O. Box 4133 San Rafael, CA 94913 nSA,.J2"-N'G y"2iNj72d a (jt'.,.a^_E: T vRR.0 " ADVISORY CCULUCIL Al Boro Al Baumann Barry Spitz Connie Berto Dan Rheiner Dennis Scremin Douglas Ferguson Frac: Brigmanr_ Gail Wilhelm Gary Giacomini Jared Huffman Jean Starkweather Jeff Saperstein .red Kanter Samaria Jaffee John Leonard John Levdecker Kon Miska Liza Crosse Karen Wilson L. Martin Grif=fin Leland Jordan Linda Novv Michael Dvbeck Mimi Nelaton Patty Garbarino Sharon McNamee Susan ives Susan Stompe George Brewster Tom Forster Terry Toner Makin Grade/Greenwood Ave Lots Alternatives to the City taking fee title - aurin Open Space Trust (IMOST) taking title MOST is not a land managing entity MOST will not take fee title to the lots in order to either - grant a trail easement to the City, or - manage the lots long term with an easement for public use. - Have the lots transferred to another entity for long term opera space ownership The County Open Space District is not interested. There is no other known entity that will take long term ownership of the two isolated lots. - Donors taking fee title and granting a trail easement to the City. The funding donors do not want to take title as private citizens. They have no interest in owning the lots forever and paying property taxes, liability insurance (or having any long term responsibility for the lots) when the benefit of open space is clearly to the wider public. - Creating an endowment to maintain the lots and cover all cost related to them in the future. That would require forming an entity to hold and administer the endowment and funding such an endowment. MOST will not raise the money for such an endowment nor administer such an endowment. - Defaulting back to the owner/seller If the City will not accept the donation, MOST will withdraw its deposit on its October 5t' contingency removal deadline, the lots will go back the owner/seller and the lots will go back on the market for sale to a developer. When sold the lots will eventually be developed and will undergo major disruption and public access over the Makin Grade Trail will be eliminated and the property will probably be gated. - Have the donors take title, form a LLC, convey developments right to MOST and grant the City a trail easement. The Donors will not take title and form a LLC for personal protection. They do not want to future tax liability for ownership of the fee title and they do not want to the absorb the expense of forming an LLC. They feel their donation of the money to purchase is enough. MOST will not accept a donation of the development rights to hold forever let alone assume any possible tax consequences. ATTCHMENT 7 Minutes, Park and Recreation Commission Meeting, September 15, 2016 Pages 1-5 San Rafael Park and Recreation Commission Meeting Minutes: September 21, 2016 Chair Ralph Mihan called the meeting to order at 7:00 p.m. at San Rafael City Hall Roll Call: Commissioners: Mark Bustillos, Eric Holm, Jeff Jones, Stacey Laumann, Mark Machado, Ralph Mihan, Chair, Tom Obletz, Cicily Emerson, Alternate Commissioners Present: Emmerson, Halm, Jones, Laumann, Mihan, Obletz Commissioners Absent: Bustillos, Machado Staff Present: Carlene McCart, Director, Community Services Department; Brendon Mitchel, Parks Supervisor, Public Works Department 1. Action Items A. Greenwood Avenue Lots — Offer of Dedication for Open Space Due to conflict of interest as a current Board Member of MOST, Ralph Mihan recused himself from this item discussion and left the meeting. Director McCart introduced Brendon Mitchel, newly promoted Parks Supervisor and gave an introduction to the first Agenda item. The Oakwood Subdivision was recorded in 1987 at which time the developer donated 33 acres within the Subdivision to the City of San Rafael for permanent Open Space. Of the original 47 lots zoned residential, 45 of have been developed. The two remaining lots, Lots 21 and 22 are at the end of Greenwood Avenue. Combined they are 3 acres in size and contain several public easements for utilities as well as a fire road. The lots separate Greenwood Avenue from the Oakwood Open Space. The public utilizes the fire road to access the Open Space. Marin Open Space Trust has proposed the City accept a donation of the Lots, in fee, to connect to the existing City -owned Open Space, thereby preserving the access and land now in private ownership. Two private donors will purchase the land on behalf of MOST who will immediately dedicate the land to the City of San Rafael for designated Open Space. She reviewed the proposal's consistency with the General Plan 2020. The lots are not on the list of identified potential Open Space included in the General Plan, however the access to the Oakwood Open Space is designated as the terminus on Greenwood Avenue. The lots meet the Preservation Options criteria, and the Open Space Use criteria in the General Plan. It was noted the General Plan refers to an Open Space Management Plan that has not been developed or implemented. Currently the City has an unwritten policy to reject offers of land dedication in -fee. With no management plan, or dedicated resources to support maintenance, security or liability connected with Open Space, the City is limited to emergency response only on the existing 3,200+ City -owned acres of Open Space. There is the potential for increase City liability and maintenance from additions to the current inventory of Open Space. Land preservation currently is more commonly achieved through easements over private property. City -owned land has been transferred to the Marin County Open Space District when contiguous with its land holdings and significant to County- wide use. Park and Recreation Commission Meeting Minutes September 15, 2016 Page 2 Staff from the Police, Fire, Public Works, Community Development and Community Services Department determined that accepting the offer is not consistent with current policy, however accepting would not compromise that policy for the following reasons: • The Lots are contiguous to the Oakwood Open Space • The Lots provide access to the Oakwood Open Space • The Lots represent only a 10% increase to the land already owned by the City of San Rafael There is City owned infrastructure (drainage) on site that currently receives annual maintenance There will be an increase in the City's responsibility for vegetation and property management, at an unknown but estimated minimal cost. Staff also recommended a public review process to assure that residents affected by the transfer are informed about and accepting of the potential for increased traffic, parking and use of the Oakwood Open Space. The City Council heard the proposal as an Informational Item at their meeting of September 6. Over 40 members of the public were in attendance and 11 spoke in favor of the City accepting the donation. There was no opposition presented. Staff was directed to provide a Title Report indicating clear title, a Soils Report, alternative ownership structures, ADA requirements and possible resources with the gift for ongoing maintenance and liability costs. The City Council also requested a review of the proposal by the Commission in a formal public meeting. The Council deliberates the findings at their meeting on October 3. The proposal is valid through October 5. The Title Report was reviewed and deemed clear. The Soils Report, prepared in 2002 indicated there are some areas of sluffing along the cut banks of the graded trail, but not significant or critical. The potential for rapid slide movement and debris avalanches associated with on small slide on Lott 22 is not high. The Public Works Director suggests that the City can provide localized maintenance of the sluffed areas with periodic "touch- ups," as necessary to ensure there is a clear water path on the upslope of the dirt road. The cost of installing the debris flow catchment basin will far exceed its value as the greater slide area that is upslope of these lots is on City -owned Open Space, where the City presently holds liability. MOST responded to the Council inquiry regarding alternative ownership structures to the City receiving full title. As an entity, MOST does not have the legal or organizational capacity to hold title to the property. Marin County Open Space District is the only public agency equipped to do so, but the subject properties do not meet its criteria. The donors of the subject properties are not willing to take title due to the associated costs for taxes and liability. Other ownership models such as assessment districts are not feasible for the small amount of land with limited public impact. No organization has expressed a willingness to support the donation financially. If the City is not prepared or willing to accept the offer of dedication from MOST in its current structure, MOST will withdraw the offer. The subject properties will remain in private ownership and are subject to development. Recreation Commission Meeting Minutes September 15, 2016 Page 3 It was determined that no ADA compliance issues are triggered by the acceptance of the properties by the City. At the conclusion of the introduction, the Commission members received confirmation that the City is not required to make payment or incur other costs for the transfer of the properties. McCart responded no financial resources were required, however staff resources are needed to prepare an Amendment to the General Plan, administrate the title transfer and record the merge of the properties into the Oakwood Open Space. Commissioner Jones asked if additional Police Department resources will be needed to support the additional Open Space. The seasonal Park Ranger is observing these properties currently as he conducts security periodic patrols of the Oakwood Open Space. The Fire Department will continue to respond to calls for service as it does now on public and private property. Public outreach thus far has included notification of the parties involved, notification of residents through the Gerstle Park Neighborhood Association website and e-mail distribution data base, and notification of the City Council and Commission meetings, a total of three public hearings. The Commission received all correspondence related to the proposal to date. Commissioner Obletz commended the donors for the opportunity to preserve more Open Space for the community. McCart introduced Don Dickenson, member of the Board of Directors of MOST. Mr. Dickenson explained the mission of MOST and the recent successful acquisitions of open space property county -wide that MOST helped secure. MOST was contacted by two potential donors interested in securing the two vacant lots in the Oakwood Subdivision for inclusion in the Oakwood Open Space owned by the City. The price of the two lots recently decreased to $730,000. The donors have made an all-cash offer for the lots, secured with a $20,000 deposit, with a 90 -day contingency to confirm the City will accept in fee title the properties and incorporate them into the Oakwood Open Space. October 5, 2016 is the deadline to proceed with the purchase agreement or return the security deposit. Dickenson went on to explain the City was the only appropriate entity for ownership. There is no viable alternative for preservation of the properties. He confirmed that MOST cannot accept title, that an LLC with dedicated property rights to MOST is not possible. If the proposal is unacceptable to the City there is likelihood the lots will eventually be sold and developed resulting in no public access to the Oakwood Open Space from Greenwood Avenue. MOST proposes a simultaneous close of escrow to transfer the title to the City. This unique opportunity is not common. Maintenance is performed now in the form of seasonal clearing of water drainage and would not increase. The soils report on the properties indicate slight sloughing which should not increase the existing liability for the Oakwood Open Space significantly, but if the lots were developed for housing the City's liability might increase. He requested endorsement of the proposal, and a recommendation to the City Council to accept the donation. Obletz asked if an extension to the deadline was possible in the event the City Council could not act on the proposal on October 3. Dickenson replied the 90 day contingency was an unusual offer by the seller and the donors are unwilling to risk the deposit if the City Council cannot respond by Recreation Commission Meeting Minutes September 15, 2016 Page 4 October 3. The deal will take three months to consummate as the title transfers, the lots are merged and the General Plan amended. Obletz asked about the viability of an LLC holding title to the properties. Dickenson replied there is no option to maintain a public right of way under an LLC due to the taxes and liability costs that would be the responsibility of the LLC. The lots may be subject to prescriptive rights which would be expensive to resolve, as would the issue of trespassing and probable gating of the access if the lots were developed. Vice Chair Holm opened the floor for public comment. Twenty-six were in attendance, 11 addressed the Commission: Rodger Roberts, resident: The subject properties, at a total of 3 acres represent a 10% increase in the current City owned Oakwood Open Space and less than .010% of the total Open Space owned by the City so the increase cost and liability is negligible. Support preservation of historic lands that are consistent with the General Plan 2020 goals. Support the proposal. Ron Moore, resident: The subject properties provide a well -used access to the Open Space now. The site is of historical significance. Support the proposal. Gina Silvestri, President, Gerstle Park Neighborhood Association: The Board of Directors endorsed the proposal in a letter to the Commission. Cynthia Landecker, San Rafael Heritage: The Board of Directors sent a resolution in support of the proposal for the historical significance of the site. Tamara Peters, resident: Presented a petition with 137 signatures in support of the proposal from people who use the site to access the open space. Forty residents attended an informational meeting about the proposal. Support the proposal. Bill Carney, resident: The subject properties have habitat and environmental value, historical reference, are consistent with General Plan 2020 criterial for open space, ample parking, drainage infrastructure, and represent a small increase in Open Space the City already holds. The City is the appropriate owner. 45 letters of support have been received for the proposal. Leslie Simons, resident: Read an interpretive piece on the stage coach operation formally on the site. Support the proposal. Kay Powers, Marin Conservation League: MCL endorses the proposal Hugo Landecker, GPNA and SRH: Fire Department supports the proposal. Volunteers have cleared and cleaned the site for over 30 years and will continue to serve. There are other Open Space lands less stable than the subject Recreation Commission Meeting Minutes September 15, 2016 Page 5 lots. His organizations sent out 550 and 190 emails of notification respectfully. Karen Blackwell, resident: The presence of the access to the open space is a quality of life issue and the "perfect trail". Support the proposal Judy Milani, resident: There is no community opposition to the proposal. Acceptance will legalize the access to the open space. Support the proposal. After public comment concluded the Commission had the following comments Jones: Is parking an issue now? There are no reports of complaints. This is a great opportunity. Obletz: The audience registered 11 positive comments and no opposition. The Commission only has authority to recommend action to the City Council where the final decision will be made. Holm: Appreciates the generous offer from the donors and the assistance of MOST. The proposal is a win-win for the City and community. It was M/s Jones/Obletz to recommend the City Council approve the offer of dedication. AYES: Emmerson, Holm, Jones, Laumann, Obletz NOES: None RECUSED: Mihan ABSENT: Bustillos, Machado Chair Mihan returned to the meeting for the remainder of the Agenda. ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 10/3/2016 From: Paul Jensen, Carlene McCart Department: Community Development, Community Services Date: 9/23/2016 Topic: Dedication of Open Space Subject: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING THE OFFER OF DEDICATION FROM MARIN OPEN SPACE TRUST (MOST) OF TWO VACANT LOTS AT THE END OF GREENWOOD AVENUE, APNS 012-320-01 AND -10, TO THE CITY IN FEE FOR PERMANENT OPEN SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, ALL DOCUMENTS REQUIRED TO EFFECTUATE SUCH CONVEYANCE; AND DIRECTING STAFF TO INITIATE CORRESPONDING AMENDMENTS TO THE CITY'S GENERAL PLAN AND ZONING ORDINANCE Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: MM - approved 9/24 with minor edits and two comments on staff report ® City Attorney Remarks: LG -Approved 9/26/16 with recommended revisions. ® Author, review and accept City Attorney / Finance changes Remarks: All edits accepted with one exception. A formal Open Space Management Plan is very different from directing City, or Measure A funds, into projects or maintenance needs on Open Space. The City does not have an Open Space Management Plan. I did not include that edit. M City Manager Zai11MWi FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: Name: Pam and Leonard Patterson Submitted: 2016-08-25 16:30:01 UTC Message: We live just below the trail at the end of the cul du sac of Redwood Dr. Having walked this nearby and wonderful trail many times, and knowing first-hand how others enjoy it, we support the acquisition of the Trail by the City of San Rafael to keep it as open space. Name: lames W. Schmidt Submitted: 2016-08-28 18:53:01 UTC Message: TO THE FULL SAN RAFAEL CITY COUNCIL: This message is to strongly urge the City of San Rafael Council to act affirmatively and accept the Marin Open Space Trust gift of monies and to acquire/preserve approximately 3 acres of additional open space protecting the historic Make Grade Trail between the end of Greenwood Avenue and Upper Toyan Rd. This small parcel is part of a priceless, wonderful walking trail that interconnects existing open space lands above Gerstle Park and upper Clorinda Road. Name: Deborah Lennon Submitted: 2016-08-29 17:22:22 UTC Message: As a native of Marin I have watched the the open areas dimish, the housing expand, the traffic become almost intolerable. Part of the attraction of our area is to be able to take walk in a natural area without driving there. Although we have parks there are a lot of rules and regulations especially for those of us with dogs. Please allow the area being offered by the Gristle Park Neighborhood to remain a respite for our area Sincerely Deborah Lennon a San Rafael resident of 30 years Name: Tom Heinz Submitted: 2016-08-29 20:19:10 UTC Message: Dear City Council of San Rafael, I am writing to ask you to accept the gift of 3.1 acres of the old Bolinas stage trail near Greenwood. We just recently moved to San Rafael and love it's walkable size and character. We discovered this trail while poking around our neighborhood. We would really love it to become permanent as open space in San Rafael. Sincerely, Tom Heinz and Denise Van Horn Name: D Anna Rogers Submitted: 2016-08-29 23:22:20 UTC Message: Do let this purchase of the important and historic trail be accepted by the City. We will raise the money! Name: Joanne Ritter Submitted: 2016-08-30 17:46:10 UTC Message: Being able to hike in nature right from my neighborhood is one of the very best things about living here. Accept the gift! Name: Laurie Oman Submitted: 2016-09-02 03:26:21 UTC Message: I am 70 years old, a resident of San Rafael for the last 30 years and a DAILY user of this wonderful trail that allows one to make a circular hike thru redwood groves, bay trees, deer and birds. Please vote to acquire this property for the use of us city residents. It is a treasure! Thank you. Name: Thomas Hogan Submitted: 2016-09-02 03:55:16 UTC Message: Hello All, It has come to my attention the Makin Grade Trail at the end of Greenwood Ave is being consider for possible development. I understand there have been private donations made to purchase the land and donate it to the city to ensure it remains undeveloped open space for years to come. I heard the city is resisting the donation so I thought I would take the time to help those in the city better understand how this small patch of land has united a community. I moved into my home at 15 years ago. Shortly after my arrival I was introduced to this wonderful trail at the end of Greenwood Ave better know as Makin Grade Trail. Over the years the trail has grow in popularity with dog walkers, elderly and families. It's been amazing to see how this small patch of land turned I turned into a community center of sorts. It's united the neighbors in a way not often seen in recent times. Often while in my yard I'll observe familiar faces of groups heading up the the trail. I'd swear it gets more traffic than Gerstle Park! I wish there was a better way to convey the importance of this trail to the community. If you were to install a camera or two for a week I think you'd get an better idea. Hopefully you'll see a way to break through the red tape and help these lots get converted to open space and preserve the trail for generations to come. Thanks, Thomas Hogan Name: Jenai Lane Submitted: 2016-09-02 03:59:15 UTC Message: I am writing as the owner of in Gerstle Park to let you know of the importance of keeping Makin Grade Trail open for public use. This is a neighborhood trail that many people use as a gathering place, recreational hiking area and dog walking. It is also part of a historic area. This trail is linked to open space and provides a safe passage way to hiking the other trails. Please do everything you can to protect Makin Grade Trail for the use of the residents of San Rafael. It is really a community treasure that we cannot do without. Thank you for your consideration. Sincerely, Jenai Lane Name: Megan McFeely Submitted: 2016-09-02 16:32:42 UTC Message: Dear Council Members, I would like to sincerely request that the city moves to support the continued availability of the Makin Grade Trail to the community. It is a beloved and much used trail where neighbors meet and enjoy the outdoors. Thank you. Name: Ken Homer Submitted: 2016-09-03 14:24:28 UTC Message: Dear Council Members, I am writing to you to urge you to please approve the addition of the two lots at the end of Greenwood ave to San Rafael's open space. I have lived in Gerstle Park for over 25 years and I walk up Greenwood and thence to Makin Grade regularly. As soon as you turn off Greenwood and begin to climb the hill you are in a little sanctuary of quiet and beauty. To lose access to this would be a great loss for the neighborhood and to future generations of walkers and hikers. Thanks to MOST and the generosity of concerned citizens, the land has been purchased and is ready to be donated to the City for preservation. It is difficult to think of reasons why the City Council would not approve this gift. I hope you will take the time to go and walk this trail and understand what is at stake and then to approve the gift. Thank you for your time and consideration Name: Leslie Simons Submitted: 2016-09-03 16:33:55 UTC Message: Please accept the gift of 3.1 acres at the end of Greenwood Avenue as an addition to the open space above. If these properties are allowed to go into private hands the access to the open space above will be cut off from the valley below beginning with the Gerstle Park neighborhood. This is a very historic road that should be preserved. Name: Elizabeth Ridley Submitted: 2016-09-05 18:09:19 UTC Message: Dear Mayor and Council, I'd like to voice my support for the City's acquisition of the two lots at the end of Greenwood so that they can be preserved as open space for the community. My husband and I frequently use the trail and appreciate the access it provides to the historic Makin Grade Trail. I agree with the Staff Report that the acceptance of in fee title can have negative implications for the City, in this case, these implications soom negl gib o In comparison to the valva to tho commun ty In malntain•rg this access. Thank you for your consideration. Name Danla' Sonnet Submitted- 2016.09-D6 03:40:25 UTC Message Dear City Councl , Pease accept the gift of 3 acres o= open space that includes the historic Makin Grade. The 3 acres seem contlguous to existFng open space, so that the addltlanal milntananca and [ab[ associated with those .acres viou`d be minima'. This parte` has a cdarfuI and noteworthy historical con nect=an and wouId be a wonderful addition to San Wool's open space. Of course acceptance would be the right thing to do. Thanks you for all you do for the city, Dan lei Sonnet San Rafael Name KovIn Stockmann Submitted: 2016.09.15 15:54:53. UTC Message: Dear San Rafael park and Recreation Commission & City Council, Please acceptthe two Open Space parcels at the end of Greenwood Avenue and peeservt this walking troll and natural area. I am a property owner and business owner in downtown San Rafael. Walking on this tra.,l is something many peopit treasure and It is good for the health and wall being of thea neeghborhood, This acquisetion will not increase traffic, keeping this trail accessible keeps traffic doaun because we can walk Iflca'.ly rather than drive across town to China Camp or Mount Tam. Thank you very much. Name: Linzy Klumpp Submitted: 2016.09-20 06:37:37 UTC Message: Please vets to accept the 1,3 acres of land offered by the Barin Open Space Trust. Thrs small parcel will enhance the city's history, recreational enjoyment and wildlife preservation, These benefits certainly outweigh and negative consideratlons. Pleast accept this gift to the cay. Flame: Brooke Hansen Submitted' 2016-49-2915:01:52 UTC Message: I am hoping the city will seize the opportunity to acquire this beautiful little trail, My dog and I use It personal y sekeral days a week. We'd be heart broken If Chas easy access to the "woods" were to be closed. It's a beautiful thing when cities have the foresight to preserve open space and keep their commun tics connected to the outdoors, Thank you Name Leslls Simons Submitted: 2016.09-30 17:48:37 UTC Mtssage I am submitting the transcript of a short hlstory as given to the coun*I and comenrssson at their September 6th and 15th meetings for inclusion in the packet Name Emose Wood Submitted: 2016-lD-D2 16:30:13 UTC Message: I would like to urge tete Council to p easse aquire the two parcels of land being offered fo- o pen space at the orad of Groanwood Ave. Thow parcels are of Immense natural, racroationa and historic interest. This is a wonderful opportunity to acquire them through the Marin Open Space Trust At no taxpayer axponm It is a boautifu. area where I hika often, Thank you for your consideration. Namo Padma Rao Submitted: 2016.lD-03 07:21:00 UTC Messago dear C-ty Councl of $on Wool, I am along time resident of Gersffe Park, lire lived at 259 Clorinda Ave for 38 years. I Notre our nol,ghborhood and approciate the beauty, safety, and harmony horn, It Is vory Important to me that the path at the, and of Greonulvod Avanuo rornA ns span for puWlc access. F walk this path most mornings, rain or shine, for health reasons, ne ghborhaoad good wi I, and my janeral we I b�oing. P ease considerwell and approve access to this open apace remains accessible to all. Thank you so much, Padma Rao Name: Patr"cia Roberts Submlttotl 2016-1"3 19:42:06 UTC Massage I I ve on Clorinda Atimia and enjoy the f oautlful woodland trail to access the City's axlst ng open space. I strongly oppose the deve'opment of the tra 1, open space, and a p ece of h'story. N armo Jason Chan Submitted: 2016.1D -a3 20:53:113 UTC M9ossage City Councll, I am a resident of Gerstlo Park and utlllzo the Marlin O"m Space in our nelghborhood frequontly with my family. I a`so run into fellow neighbors and atber GR residents al of the time enjoyringthese beautiful for ast trails. This Is a very speclaI area for a`I of tlha GR rosidants, PLEASE da not devolop this area, It ivould be very disappointing if you decided to do so. Prosorve aur land IIII Sincerely, Jason Chan October 1, 2016 Mayor Gary Phillips City of San Rafael 1400 Fifth Avenue San Rafael, California 94901 RE: Makin Grade Open Space Addition Dear Mayor Phillips and Councilmembers: You've heard from many people the many reasons to accept this small addition to the City's open space system. It's a beautiful property, replete with natural values and historical significance, providing access to and contiguous with existing public open space, all furthering the General Plan objectives that guide our community's decision-making. At least 175 citizens currently enjoying this land have petitioned the City to accept MOST's gift. At least 45 have sent letters of support, including the Gerstle Park Neighborhood Association, San Rafael Heritage and Marin Conservation League. The owners of the three downslope properties that might be most affected by the acquisition all concur with it, and two of them have signed the petition. At Council's request, City staff has completed due diligence on a range of specific questions and provided a comprehensive report on the transaction, along with a recommendation for approval. Likewise, after careful consideration, the Park and Recreation Commission unanimously recommends acceptance. While providing important natural, historic, scenic and recreational benefit, the addition of these three acres will increase the City's open space holdings (3,285 acres) by less than 1/1000t". Any increase in maintenance expense or liability exposure would be likewise incremental and minimal. The City's "unwritten policy" to privatize such open space responsibilities in new developments (or when new capital expenditures are proposed) seems of limited use in this case, when land is being added, at no cost, to an existing open space pursuant to the General Plan. We trust that you will find, on balance, that the preponderance of public benefit clearly leads to the City's acceptance of MOST's straightforward offer. Sincerely, Bill Carney and Tamra Peters San Rafael, CA 94901 The Federation of San Rafael Neighborhoods P.O. Box 151485 San Rafael, CA 94915-1485 To Mayor Phillips, Councilmembers Bushy, Colin, Gamblin, McCullough Cc: Paul Jensen, Esther Beirne It is my honor to speak on behalf of the Federation, an umbrella group of 12 neighborhood associations from the West End Neighborhood to the Lincoln/San Rafael Hill Neighborhood. Our leadership group listened as the Marin Open Space Trust lay out the proposed donation of 3.1 acres to the City of San Rafael, to the City Council at the information session, and to the Parks & Recreation Commission at their hearing. Upon considering the far-reaching benefits of having a complete and historic trail in our City's Open Space, the leadership completely endorses the acquisition of this land. We are concerned about the current practice of trespassing across 3.1 acres of private land to access the nature and wild spaces that neighbors value. We are concerned about safety. If the City refuses the land offer, this private property will most likely be gated, and subsequently the San Rafael Police Department and Fire Department will not have access at Greenwood to the Gerstle Park Open Space in case of emergency. The City has the opportunity to complete a job they began upon acquiring the initial property, and to right a wrong --- trespassing upon private property to access a City trail, one of the City's gems in Gerstle Park. We urge you all to accept the generous offer of land, and if you do, to celebrate with us do, that the residents of San Rafael will finally be able to finally legally access their trail at the most vital access point. Yours truly, Likover Interim President Federation of San Rafael Neighborhoods Cell: Gerstle park open space dedication Case tags Greetings, I am writing to add my voice to the conversation regarding the opportunity to Case tags dedicated two vacant lots at Greenwood to the existing open space. As a local resident born Makin Grade 't Open Space x and raised in the area, and as a wilderness loving human, I am strongly in favor of this Makin Grade Open Space addition. I feel it of great import to preserve what undeveloped land we can and to steward it Feedback in such a way that the land itself and our generations to come will benefit. Thank you very Assigned users much. With heart, Adrienne Chow Assigned users Details �1► Case No 41538 Tasks Status Open This case has no associated tasks. Priority n.'a Constituents Source Form This case has no associated tasks. Makin Grade Trail Dear City Counsel, Case tags I'm writing to support the City's acquisition of 3.1 acres of land, consisting of two vacant lots off Greenwood Avenue leading to Makin Grade. We are raising a family a block away from the Makin Grade 't Open Space x trail and our young children use the trail with us regularly on hikes. To small children, the Feedback woods the trail leads through is special and magical, with steep slopes, enormous trees and boulders, sparking their curiosity, imagination and interest in nature. See attached where my Assigned users son (3) grabbed a stick to "fish" for leaves as he hiked the trail. The Marin Open Space Trust (MOST) has been contacted by two private parties to assist them in the acquisition of the two vacant lots. Following purchase of the property, MOST Tasks desires to transfer ownership of the lots to the City of San Rafael so that the lots can be preserved as permanent open space, serving as an extension to the 30+ acre Oakwood Open This case has no associated tasks. Space. The transfer will not cost anything of the city and will preserve a vital touchstone to the past. Constituents --- We support the acquisition as frequent users of the trail. Thank you.