HomeMy WebLinkAboutRESO 9386Resolution No. 9386
Resolution of the Council of the City of Palo Alto Approving and Authorizing Execution of
Amendment of Lease PRC 7348.9 with the State Lands Commission Regarding the Palo Alto
Landfill Closure Phase IIC Project
A. The State of California, acting through the State Lands Commission (the "State"), and the
City of Palo Alto (the "City") have entered into Lease PRC 7348.9, effective September 27, 1989,
whereby the State granted to the City a lease in the vicinity of Mayfield Slough within the City.
B. Because resolution of the respective rights of the State and the City could have been costly
and time consuming, the State agreed to modify its general lease agreement to acknowledge that its
rights to the property subject to the lease have not been legally confirmed, and to refrain from enforcing
the lease except only as to lands which may be "ultimately confirmed into State ownership".
C. The City continues to dispute the State's asserted jurisdiction and believes that the lands in
the vicinity of Mayfield Slough are the sole property of the City.
D. Paragraph 16(e) of Section 4 of lease PRC 7348.9 provides that the lease may be changed,
altered or amended by mutual consent of the parties.
E. The City has previously planned for the conversion of the closed Baylands Sanitary Landfill
into a pastoral, passive park.
F. Said plans include the land area described as Parcell, which was heretofore included in
lease PRC 7348.9 between the State and the City.
G. The City has asked for the State's consent to the City's use of additi6nalland, for whatever
interest the State may have therein, shown as Phase IIC on the drawing entitle "Revised Final Grading
Plan Palo Alto Landfill," dated 2008, in order to proceed with the Landfill Final Closure, Phase IIC (the
"Project") without undue and costly delay.
H. The City Council therefore desires to amend Lease PRC 7348.9 to include the additional land
for the Project.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Acting Director of the Planning and Community Environment Department of the
City, on September 21, 2013, approved a mitigated negative declaration for the Project and the City
Council hereby finds that no further environmental assessment is required. There have been no
substantial changes in the project or the circumstances under which it will be undertaken, and there is
no new information of the type identified in the CEQA guidelines 15162 (a) (3).
SECTION 2. That certain Third Amendment of Lease PRC 7348.9, by and between the City and
the State, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is'
hereby approved, and the City Manager is hereby authorized to execute said Third Amendment for and
on behalf of the City.
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SECTION 3. The City Manager is hereby authorized to execute any other permits and
agreements with the State that may become necessary in connection with implementation of the
Project.
INTRODUCED AND PASSED: December 16, 2013
AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSENT:
ABSTENTIONS:
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
State r..ands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A.P.N.
County: Santa Clara
STATE OF CALIFORNIA
STATE LANDS COMMISSION
AMENDMENT OF 'LEASE NO. PRe 7348.9
WHEREAS, the State of California, acting through the State Lands Commission, hereinafter called
Lessor, and, City of Palo Alto, hereinafter called the Lessee, have heretofore entered into an agreement
designated as Lease No. PRC 7348.9 (Lease), authorized by the State Lands Commission on September 27,
1989 and executed by the State Lands Commission on September 27, 1989, and as amended on May 5,
1992 and May 2, 2000, whereby Lessor granted tOI Lessee a General Permit -}>ublic Agency Use covering' .
certain State lands situated in Santa Clara County; and . .
WHEREAS, Section 4, Paragraph 16( e) provides that the Lease may be terminated and its terms,
, covenants and conditions ainended, revised or supplemented only by mutual written agreement of the
Lessor and the Lessee (hereinafter referred to as the Parties); and
WHEREAS, the Lessee has previously planned for the conversion of the closed Baylands Sanitary
Landfitl into a passive park; and
WHEREAS, said plans include the land area described as Parcel I, IIA and IIB which was included
in lease'No PRC 7348.9 between the Lessor and the Lessee; and
WHEREAS, by reason ofthe.foregoing, it is now the desire of the Parties to amend the Lease.
NOW TlIEREFORE, the Parties hereto agree as follows:
Exhibit A Land Description Revised April 2000 is hereby deleted from Lease No. PRC 7348.9
Exhibit A Land Description Revised October 2013 is hereby added to' Lease No. PRC 7348.9 to
include,parcels identified as Phase I, Phase IIA, Phase IIB and Phase nc. '
The existing Authorized Improvements under Section 1 of the Lease and Amendments to PRC
:~: '., , .. '
7348.9 are hereby amended to also include the following work and activities authorized in and on Parcel
lIC:
1. Cleaning of native vegetation and stripping approximately one (1_ to two (2) inches of
existing foundation layer soil;
2. Fine grading and re-compacting the soil; in addition, supplemental fill material shaH be
placed and compacted to raise low areas to meet final design grades;
3. Placement of up to 4-foot thick evapotranspiration soil layer which will include a top layer
mixed with compost to enhance vegetative growth;
4. Hydro-seeding the top layer with native grasses;
5. Construction of perimeter drainage features;
6. Raising and securing existing environmental control systems (leachate and landfill gas
collection systems);
7. Construction of hiking trails and other park recreational features
The effective date of this Amendment to the Lease shall be, December 2, 2013.
This Amendment is a portion of Lease No. PRC 7348.9, with a beginning date of September 27,
1989, consisting offour (4) sections with a total of eight (8) pages.
All other terms and conditions of the Lease shall remain in full force and effect.
This Amendment will become binding on the Lessor only when duly executed on behalf of the State
Lands Commission of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates
hereafter affixed.
LESSEE:
City of Palo Alto
STATE OF CALIFORNIA
STATE LANDS COMMISSION
Assistant Chief
Land Management Division
Title: CI'~ (J14n4j~ Title: ________ _
Date: _~I /~~~~ .. f--I =-l_o~/ 'f-+-.. __
ACKNOWLEDGEMENT
Date: FEB 2 8 201~
----------------------
This lease was authorized by the
California State Lands Commission on
(Month Day Year)
EXHIBIT A
PRe 7348.9
LEGA~ DgSQRIPTIQN
LAND FILL BOUNDARY DESCRIPTION
BEGINNING at .8 point soutm 42 011 49' 46 ft East 896.41 feet :;froln the
southwesterly corner of PARCEL cas shown on paroel map entitlec
IfRE5UBDIVISION OF LANDS of BARR I LI:DOYEN, .M. AI.. EMBARCADERO WAY
AT EMBARaAt>~O ROAD, KNOWN AS VACTITE 'SITE, CIT.Y OF PALO ALTO
'CALIFORNIA It and 'filec'i June 8 I 1971 in santa clara county Book· 2'8'4
of Maps at page 39;
THENCE N 46 0 44 1 lOfl E
TImNCE 'N 38'-33" 25" lJ:
THENCE 'S JSo 11' S6 n E
THENCE S .70-0 06' 5a" E
THENCEN 3,9-15' 43 ,I E
THENCE N 54'· 47 t 29" E
THENCE N alD 06' 00" E
THENCE S aoCl 0.2" '07il .E
THENCE S 71.D 2.5" -45" E
THENCE S 67" 007 .25!' E
!l'HENCE S 7100 '31' 35" E
'TfiENCE ;N 844:1 27 t 5'011 E
'THENCE N 63· 55" 1.111 E
'!I'HENCE N 31° ;1.6' 2s't E
THENCE N 23C'1 27' 07" E
THENCE N 13" 57·t 4511 E
THENCE S 27D 12' 25'1 E
THENCE S 20'0 0:8" 50" E
THENCE S 17 Cl :3 B ' 5 G·tf W
THENCE S 07'" 49-' '05t1 W
THENCE SOD" 26-1 3(}1I W
THENCE S 30'" 2.7' '25" Vi
THENCE .S ·42S' '27' _35'11 W
THENCE S 3'5" 17' 2211 ]:
IJ:'HENC.E S 37'" 41'/ 22" E
THENCE 5 lO~ 47~ 05'" W
~HENCE S 38'" 4.9' '20" W
THENCE S 73 p :,.2' '3-5" W
THENCE N 73" 11"35" W
THENCE N 18· 07' 03" W
THENCE N 53 C> 56' 07'" W
THENCE N 7-4 co 45' ::r2,1 W
THENCE S 74" 46' 59." W
558.26 feet;
;277. 28 feet~
:L0.7 ~ 79 feet-;:
31. 78 feet~
40.82 feet·;
2.1.90 feJtt:;
23.45 feet;
.20 •. 2.9 feet;
25.14 feet;
2.29.16 feet i
199 .19 feet·~
2.10.16 teet;
290.78 feet;
259.68 feet;
256.25 feet;
294.47 feet;
4·13..6 •. 53 feet.;
:14'7.06 faet;
4'96.0'6 feetJ
324.26 feet;
416.41 feet:;
32.0 .• .12 feet.]
3'85.97 feet:
401. 22 feet.1
302.22 feet;
520.13 feet;.
234.3'0 t'ast;
.390.0.7 fe'et;
2'62.66 feet;
429.8.0 teet.;
1.10.58 feet;
62.68.feet·;
263.45 feet.;
PAGE 1 OF2
'l'HENCiE S 62# .56' '54"'(0;1 60.72 feet;
THENCE S 45"22' 49'IW .52.91 'feet;
THENCE S 231' 28' 07 11 W 84.26 feet;
THENCE S 12" 22' l·G"W .599.96 feet;
THENCE S 40" 56' 37tl W .28.17 feat:
THENCE S 84·... 10 '23" W 3'2.69 feet.;
THENCEN n;c> 23' 06" W 281. 33 f'eet;
THENCE N 8S&> 25' Z39 f1 W ·"n.JO -f'eetr
THENCE S 7-0 11 31' 24'1 W 18.:21 feet;
!['!IElICEN 83° 13' 20tl W ~2 .10 feeti
THENCE N 33~ 20' 24" W 20.06 feet;
THENCE N 02-57' 5.1" W 'rl.12 feet;
THENCE N OO~ 45 1 .:JO" W 248.38 feet;
THENCE N 03'1118' 313" E 1.2'7.03 'feet;
THENCE N 12(>07'40" E ·409.19 feet;
THENCE N 18" :5) t 'l511 W '168.87 feet;
THENCE N 00" 37' 20" E 1700.73 feet;
TJ1ENCE N J7~ :L8' 37" W 1.53. 5lfeet to the point of BEGINNING.
containing ~37.a2B acres ox land mora or less and being a por.tion
of section 321 T 5 51 R 2 Wand Section'5, T 6 SI R 2 W, of the
Mount Diablo'Ease And Meridian in the City of Pafo Alto, 'County of
Santa Clara, State of Cal.if ornia.
END OF DESCRIPTION
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