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HomeMy WebLinkAboutRESO 6387ORIGINAL RESOLUTION NO. 6387 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO STA~ING ITS INTENTION TO DISCONTINUE THE PARK USE OF A PORTION OF THE MUNICIPAL GOLF COURSE AND TO SUBMIT THE QUESTION TO THE ELECTORATE WHEREAS, Article VIII of the City of Palo Alto Charter, in con- junction with the provisions of California Government Code Section 38440 et seq. incorporated therein, as they existed on January 1, 1965, authorizes the City Council to discontinue dedicated parkland use by submitting the question of such discontinuance to the electorate; and WHEREAS, there is likely to be on the November 1985 ballot the question of exchanging a portion not exceeding 3.74 acres of the dedi- cated City Golf Course near the intersection of Geng and East Embarca- dero Roads for 3.74 acres which are located at and adjacent to address- es commonly known as 3005 and 3009 Middlefield Road consisting of Assessor's Parcel Numbers 127-53-11, 127-53-12, 127-53-13, and 127-53-15 which contain various recreational facilities includin9 the Winter Lodge Ice Skating Facility in order to facilitate the continua- tion of ice skating at its present location until at least the 1991-92 skating season1 and WHEREAS, the Council intends to negotiate said exchange if autho- rized by the electors only for that portion of the dedicated parkland at the Golf Course which is equivalent in market value to said Middle- field Road site and in no event exceeding 3. 74 acres of said Golf Course and any of said Golf Course in excess of said market value equivalency will be rededicated as parkland: and WHEREAS, it is also the intention of the Council that the discon- tinuance of the hereinafter described portion of the Golf Course will not become effective unless a measure authorizing the exchange referred to above is also approved by the voters at the November s, 1985 elec- tion1 and WHEREAS, if said exchange transaction is approved by the electo~s and it is not completed on or before May 1, 1987, said portion of park- land shall be immediately rededicated by the Council and that if said exchange is approved and said parkland is hereafter removed from dedi- cation to be privately developed, all applicable zoning, site and design, subdivision, envirol1J9ental review, and other development pro- cesses shall be followed with respect to said development. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows; SECTION 1. The public interest and convenience require the dis- continuance of the use of a portion of the park coRUlltOnly called the Municipal Golf Course as a public park; the City Council intends to call a special election to submit the question of such discontinuance to the City of Palo Alto electors. The City Council also recognizes that there may be a measure on the November s, 1985 ballot requesting the electors to authorize exchange of a portion of said Municipal Golf Course for 3. 7,i acres of real property located at and adjacent to addresses codU'lonly known as 3005 and 3009 Middlefield Road consisting of Assessor's Parcel Numbers 127-53-11, i27-53-t2, 127-53-13, and 127-53-15, containing an ice skating facility and other recreational facilities. Said discontinuance will not be effective unless the elec- torate approves a measure at the November s, 1985, election authorizing said exchange. Provided: If said exchange measure is approv~d by the electors: 1. Any exchange shall be based on parcels of equivalent market value and any portion of the Golf Course parcel which is not needed to match the market value of ·the Middlefield Road property shall be forthwith rededicated for park purposes. 2. Any and all applicable City development procedures, including but not limited to zoning, site and design approval, subdivi- sion, and other development processes, as well as environmen- tal review in accordance with the requirements of the Calif- ornia Environmental Quality Act, shall be applied to the Golf Course parcel. 3. In making any exchange, City shall reserve appropriate ease- ments for access to and maintenance of an existing bicycle path over the southerly and westerly portions of the Golf Course parcel and a 20-foot sanitary sewer easement near the midportion of the property. Purther provided that if tbe City and the owner of the Middlefield Road parcel do not finally coaplete the actual exchange on or before May 1, 1987, all of said Golf Course parcel shall be rededicated in its en- tirety. SECTION 2. The portion of ~he Golf Course which is to be discon- tinuec! for park use is ~escribed in Exhibit "A• attached hereto and incorporated herein by refer9nce. SECTION J. The. public or persons particularly interested may pro- test sucli intended discontinuance of a portion of the Golf Course at a public hearing on June 24, 1985, at the City Council Chambers, 250 Hamilton Avenue, Palo Alto, California, at 7:30 p.m .. or as soon there- afte~ as the matter may be heard. SECTION 4. The City Clerk is directed to cause this resolution to be puSilshed twice in a daily newspaper published and circulated in the City of Palo Alto at least twenty days before the time set for hear- ing. -2- SECTION S. The City Manager or his designee shall cause at least three notices of the adoption of this resolution to be posted conspicu- ously not more than thr~e hundred feet apart along the exterior boun- dary of the area proposed to be discontinued as a public park. Posting shall be completed at least twenty days before the time set for hear- ing. INTRODUCED AND PASSED: May 20, 1985 AYES: NOES: Cobb. Klein, Levy, Sutorius, Woolley Bechtel, Fl etcher, Renzel, Witherspoon ABSTENTIONS: None ABSENT: None c APPROV AS ~FORM: ,~·~ City Attorney -3- • LEGAL DfSCRIPTION Beginning at the point of intersection of the northwesterly line of Embarcadero road (86 feet wide) with the northeasterly line of Geng Road (60 feet wide); THENCE N. 15°34'50" w. along said northeasterly line 89.9i feei to .the true point of beginning; THENCE continuing N.15°34'50" w. along said last named lfne 438.56 feet; THENCE leaving said last named line N. 83°50'50" E. 281.88 feet; THENCE S. 26°56 1 20• E. 153.22 feet; THENCE S. 81°54'12" E. 57.59 feet; THENCE N. 54°07'32• F. 159.50 feet; THENCE s. 37°13 1 46• E. 149.49 feet to a point on said northwest- · erly line of Embarcadero Road; . THENCE s. 52°42 1 10• w. along said northw~sterly line 437,70 feet; THENCE leavi~g said last named 11ne N. 80°17'10" W. 115.09 feet; THENCE S. 52°04'48" W. 59.74 feet to-the true point of beginning. containing 3.740 acres of land more or less, and being a portion of the Rancho Rinconada del Arroyo de San Franc1squ1to. · Reserving therefrom an easement for the maintenance of an existing bicycle path over the lands southerly and westerly of the line described as follows: f •• ·aeginning a point on the easterly line of the parcel described above. distant thereon M. 37°18'46• w. 16.56 feet from the point of intersection of said easterly line with the northwesterly line of Embarcadero Road; • THENCE s. 48°17 1 s1• w. 40.90 feet; THENCE S. 51°26 1 20• W. 29.05 feet; THENCE s. 38°34'19N w. 42.05 feet; THENCE N. 72°19'14• W. 18.55 feet; THENCE S. 67°06'22a W. 29.40 feet; ... THENCE al~ng a curve to the left with a radius of 101.00 feet through 1 central angle of 22°04~so• for an arc distance of 41.24 feet; TKEMCE S. 45°01'32• W. 27.53 feet; . . .· .. ' • 1HEHCE along a curve to the right with a radius of 193.00 feet through a cer.tral angle of 4°5&1 03• for an arc d1sta"ce of 16.56 feet; THENCE S. 49°56'35• W. 115.39 feet; THENCE along a curve to the right with a radius of 143.00 feet through a central angle of 48°01'56• for an art distance of 119.88 feet; THENCE N. 82°01 1 29• W. 51.12 feeti THENCE along a curve to the left with a radius of 82.00 feet through a central angle of 18°3.9'56" for an arc distance of 26.71 feet·; THENCE along a curve t~ the right with a radius of 60 feet through a central angle of 87°10'37• for an arc distance o~ 91.29 feet; THENCE N. 13°30'48 W. 32.82 feet; THENCE along a curve to the left with a radius of 407.00 feet ·through a central angle of 3°36'39• for an arc distance of 25.57 ·feet; . THENCE N. 17°07'27• W. 63.42 feet; , THENCE along a curve to the right with a radius of 93.00 feet through a central angle of 15°03'03• for an arc distance of 24.43 feet; . TKEHCE along a curve to the left with a radius of 207.00 feet through a central angle of 19°09 1 0~· for an arc distance of 69 .• 19 feet; . • THENCE N. 21°13•30• W. 42.14 feet; THENCE along a curve to the left with a radius of 493.00 feet through a centr;l angle of 4°14'14M for an arc dist~nce of 36.4£ feet; THENCE M. 16°59.16M w. 51~00 feet, more or less, to the termination pofnt of said described line, safd point being a point on t!le northerly line of the above described parc~l •· Excepting therefrom that portion thereof lying outside the boundary of said parce~ firstl~ described herein • . · Also, reserving there from a sanitary service easement 20' wide whtch center line is described as follows: Beginning on the northeasterly line of Geng ·Road. said point being N. 15°34'50• W. 348.26 feet from the intersection of the north- easterly line of Geng Road with the Northwesterly line of E•barcadero Road; ·THENCE through the above described 3.740 aere p~rcel N. 69°07 1 12• ~. ~00.10 feet to the terM1nation point, sa1d p~int being on the Northeasterly lin• of said 3.740 acre parcel • .. -~· ' .. 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