HomeMy WebLinkAboutRESO 5067• • 41
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RE SO!. UT ION NO. 506 7
RESOLUT!ON OF THE COUNCIL OF THE CITY OF PALO ALTO
ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE
CITY OF PALO ALTO AND AUTHORIZING THE EXECUTION OF
LAND CONSERVATION CONTRACTS (LIRENS PROPERTY AND
HARRINGTON PROPERTY -PAGE MILL ROAD AND MONTEBELLO
ROAD)
WHEREAS, Thomas Harrington, Rodger G. Likens, and Bette J.
LikenF-are the owners of contiguous land in the City of Palo Alto,
Santa Clara County, California: have applied together to have such
land designr~~d an agricultural preserve wider the provisions of
the Land Conservation Act of 1965; and have submitted contracts
executed by them, as owners, acceptable to the City Council; and
WHEREAS, the City Council has received and reviewed the
report of the Director of Planning concerriing the request to
establish this preserve; hereby finds that the establishment
of this preserve is consistent with the General Plan of the City
of Palo Alto; and further finds that the establishment of this
preserve (which includes an area of approximately 21.720 acres)
is necessary due to the characteristics of the agricultural
enterprises in the area and that the establishment of a preserve
of such size is consistent with the General Plan of the City of
Palo Alto for the following reasons:
1. Historically, agricultural anrl rural operatiohs in.the
area have been conducted on comparatively small holdings, and
an imposition of a 100-acre size on agricultural preserves would
unreasonably prevent the maintenance of land in an agricultural
or rural status; and
2. The terrain is such that the appearance and substance
of an agricultural or rural environment would be maintained on
parcels of less than 100 acres;
NOW, THEREFORE, the C~uncil of the City of Palo Alto does
RESOLVE as follows:
SECTION 1. Two Land Conservation Contracts·1 copies of which
are attached hereto and desi1nated as EXHIBIT •AM and EXHIBIT •a•,
are inoorporated by reference herein as though fully set forth.
Said contr.acts hereby are approved, and the Mayor is authorized
and directed to execute each contract on behalf of the Cit-Y-:
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SECTION 2. The area described in the doc:uments designated
as EXHiiiiT •a• to each of said contracts and as sh°"'-n on the
map attached to each of said contracts hereby is designated and
established as an agricultural preserve under the provisions of
the California Land Conservation Act of 1965 (•Williamson Act•),
subject to the policies and rules heretofore and hereafter
adopted by the City Council.
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SECTION 3. The City Clerk is directed to perform any ~ct
necessary for the attestation of said contracts, the filing of
a co~y of this resolution and of said contracts in the Off ice
of the County Recorder of the County of Santa Clara, and such
other filinqs and acts as are required by law.
SECTION 4. The Council finds that none of the provisions
of this resolution will have a eignificant environmental impact.
U!TRODUCED AND PASSED: February 24, 1975
AYES: Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher
NOES: None
ABSENT: Beahrs, Nor ton
APPROVED:
a;~i1u(lf q, SclnJuf(1 __
Director CL Planning
PROPERTY DESCRIPTION
APPROVED:·
~ .. ..,.,~
PUbiic Works·bepartment
APPROVED: ~ B~~D,
YMayor
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• UNIFORM LA."ID CONSERVATION CONTRACT
nm is an apeement bttween the CITY OF PALO Al TO, a municipal corporation of the
State of California, hereinafter called "City." and RODGER G • and BETTE J • LI RENS,
his wife, as j~i~n_t __ t_e_n __ a_n_t_s~'--------------------------------------
beninaf&er called "Owner."
WHEREAS, Owner possesses certain real property located within the City of Palo Alto.
County of Santa Clara, State of California. which is presently devoted to qricultural use and
is described in Exhibit B attached heretCI and made a part hereof; and
WHERE~. the property is located in an agricultural preserve heretofore established by City;
Ind
WHEREAS, both Owner and City desire to limit the use of the property to asricultural
and compatible uses; and
WHEREAS, the parties have detennined that the highest and best use for the property during
the term of this contract, or tny renewal thereof, shall be for agricultural and compatible uses.
NOW, THEREFORE, City and Owner~ as follows:
I. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965.
T.L&is contract is entered into pursuant to Chapter 7 (commencing with Section S 1200) of
Part 1, Division I, Title ' of the Government Code, which is known as the Califrrnia Land
ConseIVation i\ct of 1965, hereinafter called "Act. n This contract is subject to all of the provisions
of the Act and City Ordinance No. 2663 including any amendnents thereto which may
hereafter be enacted. The provisions of the Act are incorporated herein by this reference. Owner
declares that he has received from City a ccpy of the Act, as amended in 1971, relevant sections
of the Revenue and Taxation Code, as amended in 1971, and Article XXVUI of the California
Constitution; and that he has read and undentands the provisions tJlereof.
2. .. RES aICTION ON USE OF PROPERTY.
Durinl the term of this contract. and any and all s-,newals thereof, the property described
in &hl1>it B sball not bf! used by Owner, or Owner's successors in interest. for any use other
than those agricultural uses and c:ompatible uses which are determined by the Council of the
City of Palo Alto as the agric:ultural and compatl"ble use:: permitted in the preserve in which
the land is located. A list of all iucb compatl'ble uses is set forth in Exhibit A; attached hereto
and by this reference incorpor8hd herelli. City. by uniform rule adopted by the City Council,
may from time to time during the term of this contract and all renewals thereof, add to the
list cf compatible uses which shall be uniform t.'Jroughout the a;ricultural preserve in which the
property in Exhibit B .is Jocatett; provided, howeftl', City may noi dur:ing tbe term of this contract
er any renewal thereof, without the prior written consent or Owner, remove any or the compatible
uses for the subject property which ue set forth in Exhibit A. The provisions of this contract
and any uniform rule a1pplementins the list of compatible uses arc not intended to and shall
not limit or supersede the Plannina and iomna powen of City.
_3. . TERM OF CONTRACT.
Thia contract shall become effective on the date of execution and shall remain in full force
and effect for an initial tenn of ten years. The i."litial term of ten years s!Wl be measured
.. -. I ·~t
commencing as or the first day of January next succeeding the date of execution if the date
or execution is between March 2, and Der.ember 31. The initial term of ten yean shall be
measured commencir11 as of the first day of January or the year of execution if the date o(
execution is between January I and March I. Each succeeding fllSt day of January shall be
deemed to be the annual renewal date of this contract This contract shall be renewed on each
succeeding January l ~nd one additional year shall be added automatically to ~ initial term
unless notice of nonrenewal is given as provided in paragraph 4.
4. NOTICE OF NONRENEWAL
(a) If either party desires in any year not to renew this contnct. that party shall serve
written notice of nonrenewaJ upon the other party in advance of the annual renewal date of
this contract. Unless such written notice of nonrenewal is served by Owner at least 90 days
prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract
shall be considered renewed as provided ir. paragraph 3 above.
(b) If either party serves written notice of nonrenewal in any year within the time limits
vf 4(a) above, this contract shall remain in effect for the balance of the period remainint since
the original execution or the last renewal of this contract, as the case ma) be.
S. NO COMPENSATION.
Owner· shall not receive any payment f"t"m City in consideration of the obligatillns imposed
under this contract, it being recojnized and agree4 that the consideration for the executio!I of
this contract is the substantial benefit to be derived therefrom.
6. SUCCESSORS IN INTEREST.
This contract and the restrictions imposed hereunder shall be binding upon, and inure to
the benefit of, the successors in interest of the Owner .. Whenever any of the property desc:n"'bcd
in Exhibit B is divided, the owner of any parcel may exercise, independent of :my other owner
of a portion of the divided property. any of tbe rights of the owner in UU:o ::ont.-act, including
the risht to give notice of nonrenewal and to petition for cancellation. The effect orany such
action· by the owner of a parcel created by the division of land described in Exhibit B shall
not be imputed to the owners of the remaining parcds and shall have no effect on this contract
as it applies to the 191aining parcels of the divided property.
7. CANCELLATION.
· 'Ibis contract may be cancelled and a cancellation ·fee imposed pursuant to the applicable
prorisions of the Act. ·
·8 NOTICES.
AD notices required or permitted by this contract, includin8 notice of a change of addrea.
lhall be in writins and pven by personal delivery or sent by United States Mail addressed to
the. party intended to be notiried. Notice shall be deemed given u of the date of delivery in
person or as of thr date wbm deposited in any pest office or any ..,ost ofr1ee box rqularly
maintained by the United States Government.
Notice Co the City 1haU be addressed:
City Cert
City of Palo Alto
Civic Center
250 Hamilton Avenue
Palo Alto, Califomb 94301
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Notice to Owner shall be addressed:
Name: Rodqer G. and Bette J. Likens
Address -323 Kellogg Way
City and State Santa Clara, California 95051
IN WITNESS WHEREOF the parties hereto have caused this contract to be e::ecuted: by Ownet
on February 19, 19 7 5 and by City on--------~--
ATl'EST:
City Clerk
APPROVED AS TO FORM:
·City Attorney
I
CITY OF PALO ALTO.a
municipal corporation,
OWNER
EXHIBIT •A"
C<»IPATlBLE USES
A. PUBLIC AND PUBLIC UTILITY U~.
(1) The construction, reconstruction, installation, re-installation,
removal, alteration, repair, maintenance and use of: (i) public
streets and street improvements; (ii) public water, storm and
sanitary sewer, communication, transportation, traffic control and
firm alarm lines, structures, works, improvenents, systei:is and
facilities; (iii) public uses, buildings, structures, improve-
ments, parking areas, and their appurtenances.
(2) The erection, construction, alteration or maintenance of gas,
electric, water or communication utility facilities, including
radio, television or Ulicrowave antennas, transmitters and iaci-
dental facilities related thereto; t;n.less the City Council finds
after notice and hearing that such use is not compatibl~ with the
agricultural, recreational or open spac~ use to which the land is
restricted by contract.
B. IMPRO\TE:MfilITS DETERMINED COMPATIBLE BY THE ACT.
The location or construction of the fo~low1.ng types of improvements which
have been determined by Government Code Section 51293 of the Act to be
compatible with or to· enbaJ'ce land ~?!th an agricultural preserve:
(1) Public Works required for fish and wildlife enb,ncement and preservatio:i.
(2) Improvements for the primary benefit of the land within the preserve.
c. · "AgTicultural use" (but exciuding 11recreational use" and "'open space use")
as defined in the California Land Conservation Act. Gover;.ment Code Sec-
tion 5120l(b), and excluding the meaning ascribed thereto in Government
Code Section 51205; unless the City Council finds after notice and hearing
that s~ch agricultural use is not coapatible with the agricultural, rec-
reational or open Fpace use to which the laiid is ~estricted by contract.
D. "Recreational use" as defined in the California Land Conservation Act,
Government Code Section 51201(n); unless the City Council finds after
notice and hearing that such recreetional use is not compatible <rltb
the agricultura1, recreational or open space use to which the land is
restricted by contract.
E. "Open space use" as defined in the California Land Couservatir.n Act,
Government Code Section 51201(0); unless the City Council finds after
notice and bearing that such open space use is not compatible with the
agricultural, recreational or open space use to which the land is
~estricted by contract.
:r. Uses permitted by the regulations of the "O-S Open Space District," "F
Flood Plain District, .. or "P-F Public Facilities District,0 provisions
of the zoning ordinance of the City;
. . . . •
EXHIBIT "B"
Likens Property
Paqe Mill Road and Montebello Road
Assessor's Parcel No. Js1~2s-14
BEGINNING at the Southeasterly corner of that
certain parcel of land conveyed to Harry J. Beyer,
Jr., et al, by Deed recorded on June 20,. 19.63, in
Bock 6071 of Official Records, page.412; thence
alonq the Southerly line of said parcel, North 89°
10' 07" West 1200.00 feet; thence leaving said
Southerly line North 4° 00' 00" West 510.00 feet;
thence South 79° 35 1 45" East .881.96 feet to a
point in the· Easterly line of said lands1. last
said point lying on: the .azc. ,of -a 50 .foot. .radius
curve, the center of which lies North 10° 24' lSw
East 50.00 faet from last said point; thence along
said Easterly line the .following courses and dis-
tances: Easterly along the arc of said 50 foot
i:adiuzs curve to the left, tangent to a .line bearing
South 79° 36' 44" East, through a cent:tal angle of
29° 22' 41" for an arc distance of 25.64 feeti
thence North 71° 01' 34" East 50 .. 28 feet to an
iron pipe at the· beginning of a .curve; .. thence .along
the arc of a curve to the right, having a.radius of
80.00 feet, through· a central angle of .88-:: .. 36 1 ~-1" ·, .
for an arc distance of 123· .. 73 feet to .an iron pipe;
thence South 20° 21' 31" East · 41. 75 feet to an ircfri
pipe at the beginning of a curve; thence along th~ ~
arc of a curve to the .left, having.a radius of .ios.oo
feet, through a ·centra1 a."lgle of 25° .37' 10" for an
arc distance of 91.66 feet to an iron .. pipe.;. thence
South 45° 58' 41n East 45.38 feet .to~an iron pipe
at the beqinning of a curve.J. thence along the arc
of a curve to the right, having a radius of 185.00
feet, through a central angle of 22° 49' 15" for
an arc distance of 73.69 feet to an iron pipe1 thence
South 23'° 09 1 26". East 141 •. 6 8 feet . to . the point ,.,f
beginning.
EXCEPTING THEREFROM any and all mineral rights
of every kind and nature· (including .water) .. without
the right of surface entry.
WILLIAMSON ACT
APPLICATIDN·s
•
I I.ands of 1ht tity of Palo ~It•
~EPT. OF PLANNING FEB. 1975
/
· .. '---------J~~-=.A:'t ·~·' ~ .......
t6>~.M·
351-25-13 . LANDS OF
PARCEL.I HARRINGTON
10.996± ACR.r!S . It · tMOMTlllLL~ •OAO . • (PKIVATEJ .
La.rub of Eldrid91
i
~
F
. '.
EXHIBIT "A"
COMPATIBLE USES
A. PUBLIC AND PUBLIC U'rILITY USES.
(1) The construction, reconstruction, installation, re-installati~a,
removal, alteration, repair, maintenance and use of: (i) public
streets and street improvements; (ii) public water, storm and
sanitary sewer, communication, transportation, traffic control and
iirm alarm lines, structures, works, improvements, systems and
facilities; (iii) publi~ uses, buildings, structures, improve-
ments, parking areas, and their appurtenances.
(2) The erectic;>n, constructi.on, alteration or maintenance of gas,
electric, water or communication utility facilities, including
radio, television or microwave antennas, transmitters and inci-
dental facilities related thereto; unless the City Council finds
after notice and hearing that such use is not compatible with the
agricultural, recreational or open spac~ use to which the land is
restricted by contract.
B. IMPROVEM"nITS DETERMINED COMPATIBLE BY THE ACT.
The location or construction of the fo:lowing types of illlprovements which
have been determined by Government Code Section 5129~ of the Act to be
compatible with or to-enharce land with ar.. agricultural preserve:
(1) Public Works required for fish and wildlife enhancement and preservati~~·
(2) Improvenients for the primary benefit of .the land within the preserve.
C. · "AgTicultural use" (but excluding "recreational use" and "open space use1')
as defined i.n the Calif oruia Land Conservation Act, Gover;.ment. Code Sec-
tion 51201(b), and excluding the meaning ascribed thereto in Government
Code Section 51205; unless the City Council finds after notice and hearing
that such agricultural use is not compatible with the agricultural, rec-
reational or open Fpace use to which the lari.d is restricted by contract.
D. naecreational use" as defined in the california Land Conservation Act,
Government Code Section 5120l(n); unless the Cit; Council finds after
notice and hearing that such recreational use is not compatible with
the agricultural, recreational or open spaee use to which the land is
restricted by contract.
E. "Open space use" as deiined in the California Land Conservaticu Act,
Government Code Section Sl20l(o); unless the City Council finds after
notice and bearing that such open space use is not compatible with the
agricultural. recreational or OSMm space use to which the land is
Testricted by contract.
P. Uses permitted by the regulations of the "O-S Opel'.' Space District," "F
Flood Plain District, .. or 0 P-F Public Facilities District," provisions
of the zoning ordinance of the City~
..
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UNIFORM LAND CONSERVATION CONTRACT
This is an qreement between the CITY OF PALO ALTO, a municipal corporation of the
State of California, hereinafter called "City," and THOMAS E. HARRINGTON • a
single man,
herein.after called "Owner."
WHEREAS, Owner P.Qssesses certain real property Jocated within the City of Palo Alto,
County of Santa Clara, State of California, which is presently devoted to agricultural use and
it described in Exhibit B attached hereto and made a part hereof; anJ
"·VHERE~S, the property is located in an agricultural preserve heretofore established by City;
and
WHEREAS, both Owner and City desire to limit the use of the property to agricultural
and compatible uses; and
WHEREAS, the parties have detennined ~at the highest atid best use tor the property during
the term of this contract, or iany renewal thereof, shall be for agriculturaJ and compatible uses.
NOW, THEREFORE, ':ity and Owner r.gree as foltows:
1. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965.
. .
This· contract is entered into pursuant to Chapter 1 (commencing With Section S 1200) of
Part J, Divisic;>n 1, Title ' of tbe Government Code, which is known as the California Lan<!
Consertation i\ct of 1965. hereinafter called "Act."' This contract is subject to all of the provisions
of the Act and City Ordinanor No. 2663 inclutiing any amendme.nts thereto which may
hereafter be enacted. The proVisions o; the Act are incorrontcd herein by this r~ference. Owner
declares that he has received. from City a copy of the Act, as amended in 1971. relevant sections
of the Revenue and Taxation Code, as amended in 1971, and Article XXVlll of the California
Constitution: and ~t he· bas re?d and understands the provisions thereof.
2.. RESTRICTION ON USE OF PROPERTY.
During the term of this contract, and any and an renewals thereof, the property descnl>ed
in Exhl'bit B shall not be used by Owner, or Owner's successors in interest. for any use other
than those agriatltural '"ses and compatible uses which are determined by the Council of the
City of Palo Alto as the agricultural and compatible uses permitted in the preserve in which
the land is located. A list of all such compati'ble uses is 1et forth in Exhibit A, attached hereto
and by this refer~ i1ee incorporated herehl. City. by uniform rule adopted by the City Council,
may from time to time during tbe term oi this contract and all renewals the;eof', add to the
list of compatible uses which shall be uniform throughout the agricultural pretervc in which the
property in Exhibit B is located; provided, howner. City may not during the term of this contract
<>!' any renewal thereof, without the prior written consent of Owner, remove any ~f the compat!'ble
u~ fvt the subject property whic:h are let forth in Exhibit A. The provis;ions of this contract
and any uniform JUie supplementiq the list of compatible u~ arc not inteflded to and shall
m>t limit or supersede the pl•nnina and zoniq powers of City.
3. . TERM OF CONTRACT.
ThJs contract shall become effective on the date of execution and man remain in full force
and effect for an initial tenn of ten yean.. 1be initial term of ten years shall be mea&URd
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. commencing as of the first day of January next succeeding the date of necution if the date
or execution is between March 2, and December 31. The initial term of ten years shall be
ftlCDlred commencing as of the first day of January of the year of execution if the date of
exeaation is between January I and March l. Each succeeding first day of January shall be
deaned to be the annual renewal date of this contract This contract shall be renewed on each
succeeding January 1 and one additional year shall be added automatically to the initial term
unless notice of no~newal is given as provided in paragraph 4.
4. N011ci:: OF NONRENEWAL
(a) If either party desilcs in any year not to renew this contract, that party shall sen-e
written notice of nonrenewal upon the other party in advance of the annual renewal date of
thia contract. Unless sud~ written notice of nonrenewal is served by Owner at least 90 days
prilJr to the renewal date, or by City at least 60 days prior to the renewal date, this contract
shall ;..c considered renewed as provided in paragraph 3 above.
(1>) If either party sel'VCS written notice Of nonrcnewal in any year within the time limits
of 4(a) atx>ve, this Cllotract shall remain in effect for the balance or the period remaining since
Che original execution or the last renewal of ~ contract, as the case may be.
S. NO COMPENSATION.
Owner mail not receive any payment fro:n City in consideration of the obligations imposed
under this contract, it being recognized and agreed that the consideration for the execution of
this contract is the substantial benefit to be derived therefrom.
6. SUCCESSORS IN INTEREST.
1bis contract and the restrictions imposed hereunder shall be binding upon. and inure to
the benefit of, th1 successon in interest of the Owner. Whenever ariy .~r the property descnl>cd
in Exhibit B is divided, the owner or an~· parcel may exercise, independent of any other owner
of a Portion of the divided property, i.o"lf ot the rights of the owner in this contract, including
the right to give notice of no.mmewal and to petition for cancellation. The effect of any wch
8Ction by the owner of a pared crt.tted by the division of land described in Exhibit B · shall
not be imputed to the owners of the remaining pareels and shall have no effect on this contract
• it applies to the remaining parcels of the divided property. ~
7. ..£. :~CELLATIO~.
··'Jbfs contract may be canceJled and a cancellation ·fee imposed purmant t~ the applicable
pmvisions~~eAct. .
8 NOTICES.
AD notices requhed or pecnitted by this contract. includina notice or a rhange or address.
lhd be in writina and given by personal ddiYery or sent by United Sbtes Mail addressed to
the. party intended to be notified. Notice sba1l be deemed liven as of th~ date of delivery in
pcnon or as of the date whea. deposited in any post off"ace or any post office box reauJarty
llWaUined by the United Stiles GOftmment.
Notice to the City shall be .clclressed:
..........
City Cert
City ol Palo Alto
Civic Center
250 Hmilton AYenue
Palo Alto. California 94301
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Notice to Owner shall be addrnsed:
Name: Thomas E. Harrington
Address 2620 Emerson Street
City and State Palo Alto, California 94306
IN WITNESS \\HEREOF the parties hereto have caused this contract to be executed: by Owner
on _February 19, 19 7 5 and by City on-----------
CITY OF PALO ALTO, a
municipal corporation,
Mayor
And _____ _
~tkityi<4# -
OWNER
ATTEST:
Qty Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "B"
Harrington Property
Page Mill Road and Montebello Road
Assessor's Parcel No. 351-25-13
A POR'rION of the Northwest 1/2 of the Southeast 1/4 of
the Northeast 1/4 of Section 15, Township 7 South, Rang.e 3
West, M.D.B.&M., and being more particularly described as
follows:
BEGINNING at an iron pipe in the centerline of Page Mill
Road (40.00 feet wide)-on~t.he North line of the South 1/2 of
the Northeast 1/4 of said Section 151 thence along· said North
line, South 89° 10' 07" East 1041.62 feet to an iron pipe on
the Easter!.~· !.ine of a private road (20. 00 feet in width). known
as Montebello Road: thence along said Easterly line with the
following <:ourses and distances: Southerly along the arc of
a curve tr. the right, the tangent of which bears South 24° 32 1
08" East having a radius of 170 feet through a central angle
of 24° 57' 27" an arc distance of 74.05 feet to an iron pipe;
thence South 0° 25 1 19" West 193.74 feet ~o an iron pipe at
the beginning of a curve; thence along the arc of a curve to
the left, having a radius of 440 feet~ through a central· anqle
of 11° 49 1 15" an arc distance of 90.78 feet to an iron pipe at
a point of compound curvature; thence along the arc of a com~
pound curve to the left, having. a.radius of .50 feet, through.a
central angle of 97° 34' 30" an arc dist;ance of .85.15 feet to
an iron pipe; thence North 71° 01' 34" East 50.28 feet to an
iron pipe at the beginning of a curve, thence along the arc of
a curve to the right, having a radius of 80.00 feet, through a
central angle of 88° 36' SS" an arc distance of 123.73 feet-to
an iron pipe; thence South 20° 21' 31" East 41.75 feet to an
iron pipe at the beginning of a curve1 thence along tho arc of
a curve to the left, having a radius of 205.00 feet; through.a
central angle of 25° 37 1 10" an arc distance of 91.66 feet to
an iron pipe1 thence South 45° 58 1 41" East 45.38 feet to an
iron pipe at the beginning of. a curve; thence along the arc of
a curve to the right, having a radius of 185.00 feet, through
a central angle of 22° 49' 15~ an arc distance of 73.69 feet
to an iron pipe; thence South 23° 09' 26" ELst 141.68 feet to
an iron pipe; thence leav.ing said Fasterly line of Montebello
Roadf North 89° 10' 07• West 1698.76 feet to an iron pipe in
the centerline of said Page Mill Road: thence along said
centerline with the following courses and distances: North ,
40° 21' 34" East 116.35 feet to a 3/4 inch iron pipe1 Nqrth
20~ 54' 34" East 179.86 feet to a 3/4 inch iron pipe: North
13° 34 1 04" East 230.20 feet to a 3/4 inch iron pipe; and North
6° 54' ~3" East 273.98 feet to the point of beginning.
EXCEPTING THEREFROM any and all mineral rights of every
kind and nature (including water) without the right of surface
entry.
.. . • . -e
ALSO EXCEPTING THEREFROM:
BEGINNING at the Southeasterly corner. of that certain
Parcel of land conveyed to Harry J. Beyer, Jr., et al, by Deed
recorded on June 20, 1963, in Book 6071 of Official Records,
page 412; thence along the southerly line of said parcel North
89° 10' 07" West 1200.00 feet; thence leaving said Southerly
line North 4° 00 1 00" West 510.00 feet; thence South 79° 35 1
45" East 881.96 feet to a point in the Easterly line of said
lands; last said point lying on the arc of a 50 foot radius
curve, the center of which lies North 10° 24' 15" East 50.00
feet from last said point; thence along said Easterly line the
following courses and distances: Easterly alo~g the arc of
said 50 foot radius curve to the left; tangent to a line bearing
South 79° 36' 44" East, through a central angle of 29° 22 1 41~
for an arc distance of 25.64 feet; thence North 71° 01' 34" East
50.28 feet to an iron pipe at the beginning of a curve; thence
along the arc of a curve to the right, having a radius··of 80.00
feet, through a central angle of 88° 36' 55" f.:>r an arc dista:..ce
of 123.73 feet to an iron pipe; thence South 20° 21' 31" East
41.75 feet to an iron pipe at the beginning of a curve; thence
along the arc of a curve to the left having a radius of 205.00
feet, through a central angle of 25° 37' 10" for an arc distance
of 91.66 feet to an iron pipe; thence South 45° 58 1 41" East
45.38 feet to an iron pipe at the beginning of a curve; thence
along the arc of a curve to the right, having a radius of 185.0~ -
feet, through a central angle of 22~ 49 1 lSM for an arc distance
of 73.69 feet to an iron pipe; thence South 23° 09 1 26" East
141.68 feet to the point of beginning.
ALSO EXCEPTING THEREFROM:
BEGINNING at t....'le Nor.thwesterly. corner. of that certain
20.285 acre parcel of land as shown on that certain Record
of Survey of a portion of the N. 1/2 of the S.E. 1/4 of the
N.E. 1/4 of Section 15, T. 7Sc-R. 3 w., M.D • .B.&M., a. map of
which was recorded on September 22, 1961, in Book 138 of
Maps at page 17, Records of Santa Clara County, California,
said point als~ being an iron pipe set in the center line of
Page Mill Road (40 feet wide); thence s .. 89° 10 1 01 11 · E. ·along
the northerly line of said parcel "30.17 feet1 thence s. 6°
54' 43" w. 278.91 feet: thence s. 13° 3.J' 04 11 w. 233.65 feett
thence s. 20° 54' 3411 w. 186.93 feet: thence s. 40° 21' 34 11
W. 96.74 feet; thence N. 89° 10 1 07 11 W. 38.89 feet to a point
on the centerline of said Page Mill Road; thence along said
centeiline the following courses and distances; N. 40° 21'
34" E. 116.35 feet to a 3/4 11 iron pipe; N. 20° 54 1 34" E.
179.86 feet to a 3/4" iron pi~; N. 13° 34' 04 11 E. 230.20
feet to a 3/4" iron pipe; and N. 6° 54' 43" 273.98 feet to
the point of beginning, and being a portion of said Section
15.
EXHIBIT "B"
Page Two
Parcel No. 351-25~13
... .
'
WILLIAMSON ACT
APPLICATIDN·s
DEPT. OF PLANNING FEB. 1975
· ·teWITJ-4"£.·% 76'
llnds of tht tity of PAIO Alto
•IOC'"l'i. ·2~~"· ' 1011 4!t' ""\' ,...~~· l ~ '
'
351-2~-13 LANDS OF
PARCEL I HARRINGTON
10.996± ACRES
t..lC ea-• -•IA/•>11.A .,,....._..,...,,40c1 ,..,. ie1. :.a..•~
C16"a4 R_.,.6..,
PARClt, A LANDS OF
10. 724+ ACRES LIKENS
I .U (tr'l'A~)
Eldridtt
\ \
~ \ .... ,\
. \
\I\
.e . .
Of fict OT City C~
8 29? ;c:120
NO fEE Civic Center
250 Ho:milton Avenue
, Alto. Calif or-9'SCl RESOLUTION NO. $067
(' RESOLUTION OP THE COUNCIL OF THE CITY op-·p ~ ESTABLrserNG AN AGRXCULTURAL PRESERVE 'lll:TBIN THE
CITY OF PALO ALTO ANO AUTHORIZING THE EXECUTION OF
LAND CONSERVATION CONTRACTS (LIKENS PROPERTY AND
HARRINGTON PROPERTY -PAGE MILL ROAD AND MONTEBELLO
ROAD)
f
wBEREAS, Thomas Harrington, Rodger G. Likens, and Bette J.
=
l'o.)
~
~ ,.,
~ ~ c
Likens are the owners of contiguous land in the City of Palo Alto,
Santa Clara County, California1 have applied t041ether to have such
land designated an agricultural preserve. under the provisions of
the Land Conservation.Act of 1965; and have subndtted contracts
executed by them, as ownex:.J, acceptable to the City Council• and
WHEREAS, the City Council has received and reviewed the·
report of the Director of Planning concerning the request to
establish this preserve.; hereby finds that the establishment
of this preserve· is consistent with the General Plan of the City
of Palo Alto; and further finds that the establishment of this
preserve (which includes an area of approximately 21 •. 720 acres)
is neceae.ary due to the characteristics of the agricultural
enterprises in the area and that the estab1iehment· of· a· preserve
of such size is consistent with the General Plan of the City of
Palo Alto for the following reasons:
l. Historically·,. agricultural and rural operations in. tha
area have been eonduct.ed ·on: comparatively smal-l: .holdings, and
an imposition of a· -100-acre size on agricultural preserves would
unreasonably prevent the maintenance of land. in an agricultural
or rural status; and
2. The terrain is such that the :appearance and substance
of an agricultural or rural environment would be· maintained on
parcels of leas than 100 acrea;
NOW, THEREFORE, the Council of the .City of· Palo Alto does
RESOLVE as follows:
SECTION 1. Two Land Conservation Contract.a·, copie• of which
are attaChed hereto· and designated as EXHIBIT •A• and EXHIBIT ~s•,
are incorporated by reference herein as though fully set· forth.
Said contracts hereby are· approved, and the: Mayor. :I.a· authorized
and directed to· exe(!ut.e each contract on· beha:lf of the City.·
SBC."1'ION 2. The area described in the documents· deaiqnated
aa EXHIBIT Nfi• to each of aaid contract• and aa· shown on the
map attached to each of said contracts· hereby ia· de•ignated and
~•tabliahed aa an a9ricultural preserve· under the provi1ion• of
the califomia Land Con•ervation Act of 1965 (•Williamon Act•),
aubject to the policies and rule• heretofore and hereafter
adopted by the City Council.
~ to ~ (J) t;
• . ..
8 297 ;.ac~ 721
SECTION 3. The City Clerk is directed to perform any act
necessary for the attestation of said contracts, the filing of
a copy of this resolution and of said' contracts in the· Office
of the County Recorder of the County of Santa Clara, anCl such
other filings and· ·acts ·as are required by law.
SECTION 4. The Council finds that none of the provisions
of this resolution will· have a significant environmental impact.
INTRODUCED AND PASSED: February 24, 1975
AYES: Berwald, Clay, Comstock Henderson, Pearson, Rosenbaum, Sher
NOES: None
ABSENT: Beahrs, Norton
ATTEST:
s/Ann J. Tanner city c1:erk
APPROVED AS TO FORM:
City Attorney
APPROVED:
8 1 Jay C. Rounds for·· city Manager
APPROVED:
sf Kenneth R. Schreiber for
Director o! Planning
PROPERTY DBSCR.?PT?ON
APPROVBDt
s/ B~rn:ard·L. Pawloski
P\ibil c· Wori•·-tiipii&iiit
\
\
APPROVEf':
· · ayor
-2-
e. . .
liNIFOllN LAND CONSERVATION~ B
This is an JlreCment betwe.n the CITY OF PALO Al TO. a municipal corporation of the
State of California. hereinafter called ·city,• and RODGER G. and BETTE J. LIXENS'
his wife, as joint tenants,
hereinafter called "Owner."
WHEREAS, Owner Jl'.(>ssesses ~ real property located within the City of Palo Alto,
County of Santa Clara. State of California, which is presently devoted to agricultural use and
is ckscribed fo Exhibit B attached hereto and made a part hereof; and ·
WHERE~. the property is located in an agricultural preserve heretofore established by City;
and
WHEREAS, both Owner and City desire to limit the use of the property to agricultunl
and compatible uses; and ·
WHEREAS, the parties have determined that the highest and best use for the property during
the term of this contract, or any renewal thereof, Shall be for qricultural and compatible uses.
NOW, THEREFORE, City and Owner agree as follows:
1. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965.
Tun contract is entered into pursuant ·to Chapter 7 (commencing with Section 51200) of
Part la Division 1, Title 3 of the Government Code, which is known as the Califrmia Land
CoDSeJ"Vation i\ct of 1965, hereinafter called "Act.11 This contract is subject to all of the provisions
of the Act and City Ortiinancc No. 2 6 6 3 including any amendnents thereto which may
hereafter be enacted. The proVisions of the Act are incoiporated herein by this reference. Owner
declares that he has received from City a copy of the Act, as amended in 1971, relevant sections
or the Revenue and Taxation Code, as amended in 1971. and Article XXVIll of the California
Cc>lb1itution; and that he has read and understands the provisions ttiereof.
2. . RE.S !RICTION ON USE OF PROPERTY.
During the term of this contract. and .:,ny and all renewals thereof, the property described
in Exhi1>it B shall not be used by Owner, or Owner's successon in interest, for any use other
than those agricultural uses and compatible uses. which ~ detennined by the Council of the
Cir; or Palo Alto as the agricultural and compab1>le use;: permitted in the presenre in which
the land is located. A list of all IUCh compab"ble uses is set forth in Exhibit A, attached hereto
and by this reference blcolpoqted herelli. City. by uniform rule adopted by the City Council,
may from time to time during the term of this contract and all renewals thereof, add to the
list of compatible uses which shall be. uniform tb:roughout the agricultural preserve in which the
property in Exhibit B is located; provided, hoR¥et, City may not during the term of this contract
or any renewal thereof, wi~out the prior written consent of Owner, remove any of the compatible
uses for the subject property which ue set forth in Exhibit A. The provisions of this contract
and any uniform rule suppleDlentina the list of c;ompata1>Je uses are not intended to and shall
not limit or supersede the plannina and zoniJJa powers of City.
3 •. TERM OF CONTRACT.
1bis contract shall become effective on the date of execution and shall remain in full force
and effect for an initial term of ten yean. 1be initial term of ten years shall be -measured --.. .
Santn Clara County
Land Conservation Contract No. 75.911.
•• B 297 rA!.:723 ..
commencina as or the first day or January next succeeding the date or execution if the date
of execution is between Marcil 2. and Oet:cmber 31. The initial term of ten yean shali be
measured commencing as of the first day of January of the year or execution if the date or
execution is between January I and March I . Each succeeding ftnt day of January shall be
deemed to be the annual renewal date of this contract This contract shall be renewed on each
succeedint January 1 and one additional year shall be added automatically to the initial term
unless notice of noimnewal is given u provided in paragraph 4.
4. NOTICE OF NONRE..~EWAL
(a) If either party desires in any year not to renew this contract. that party shall serve
written notice of nonrcnewal upon the other party in advance of the annual renewal date of
this contract. Unless such written notice of nonrenewal is served by Owner at least 90 days
prior to the renewal date, or by City at least 60 days prior to the renewal date. this contract
shall be considered renewed as provided ir. par..graph 3 above.
(b) If either party serves written notice d nonrenewal in any year within the time limits
of 4(a) above, this contract shall remain in effect for the balance of the period remaining since
__ the original execution or the last renewal of this contract, as the case ma)' be.
S. NO COMPENSATION.
Owner· shall not receivP. any payment f"om City in conside.ation of the obligatit>ns imposed
under this contract, it being recoinized and agree4 that the consideration for the exerutio~ of
this contract is the substantial benefit to be derived therefrom.
6. SUCCESSORS IN INTEREST.
lbis contract and the restrictions imposed hereunder shall be binding upon, and inure to
the benefit of, the successors in interest of the Owner .. Whenever any <?f the property descn'bed
in Exhibit B is divided. the owner of any parcel may exercise, independent of 3r.Y other owner
of a portion of the divided property, any of tbe rights of the owner in tnis :::ont.-act_ including
the right to give notice of nonn:ncwal and to petition for cancellation. lbe effect of any suc.'1
action by the owner of. a parcel created by the division of land describe-J in Exlu'bit B shall
not be imputed to the owners of the remaining parcels and man have no effect on this contract
IS it a.'\pliCS to the mnaining parcels Of the ~ed property.
7. CANCELLATION.
This contract may be cancenea-&nd a cancellation ·fee imposed pursuant_ to the applicable
provisions of the Act.
-8 NOTICES.
AD notices required or permitted by this contract, includiq notk:e of a chan&e of address,
thall be in writing and given by personal delivery or sent by United States Mail addressed to
the. party intended to be notified. Notice shall be deemed aiven u of the date or deliverY in
person or as of tbC' date when. deposited in any post off'JCC or any post offlce box iqularly
maintained by the United States Government.
I
Notice ·to the City lball bC .tdreued:
City Cat
City of Palo Alto
Civic Center
250 Hamilton Avenue
Palo Allo. California 94301
., .. '
.e
B 297 '~~~724
Notice to Owner shall be addressed:
Name: Rodger G. and Bette J. Likens
Address .323 Kellogg Way
City and State Santa Clara, California 95051
JN WITNESS WHEREOF the parties hereto have caused this contract to be e~:ecuted: by Owner
on February 19, 1975 andbyCityon February 24, 1975
ATTEST:
s/ Ann J. Tanner
City Clerk
APPROVED AS TO FORM:
s/ Robert Booth
City Attorney
CITY OF PALO ALTO, a
municipal corporation,
By s/ Byron D. Sher
Mayor
And s/ George Sipel
City Manager
OWNER
EXHIBIT "A"
CCK>ATIBLE USES
A. PUBLIC AND PUBLIC UTILITY USES.
B 29? rA~: ?25
(1) The construction, reconstruction, installation, re-installation,
removal, alteration, repair, maintenance and use of: (i) public
streets and street improvements; (ii) public water, storm and
sanitary sewer, communication, transportation, traffic control and
firm alarm lines, s.tructures, works, improvements, systems and
faC'ilities; (iii) public uses, buildings, structures, improve-
ments, parking areas, and their appurtenances.
(2) The erection, construction, alteration or maintenance of gas,
electric, water or communication utility facilities, including
radio, television or microvave antennas, transmitters and inci-
dental facilities related thereto; unless the City Council finds
after no~ice and hearing that such use is not compatible with the
agricultural, recreational or open spac~ use to which the land is
restricted by contrac~.
B. IMPROVEID:NTS DETERMINED COMPf_TIBLE BY THE ACT.
The location or construction of the fo:lowing types of improvements which
have been determined by Government Code Section 51293 of the Act to be
compatible with or to.enhaT'ce land with an agricultural preserve:
(1) Public Works required for fish and wildlife enhancement and preservatio~.
(2) Improvements for the primary benefit of the land within the preserve.
c. · "Agricultural use" {but excluding "recreational use" and "open space use")
as defined in the California Land Conservation Act, Gover.:...ment Code Sec-
tion Sl20l(b), and excluding the meaning ascribed ttereto in Government
Code Section 51205; unless the City Council finds after notice and hearing
that such agricultural use is not compatible with the agricultural, rec-
reational or open Fpace qse to which the land is restricted by contract.
D. "Recreational use" as defined in the California Land Conservation Act,
Government Code Section 5120l(n); unless the City Council finds after
notice and hearing that such recreational use is not conipatible "'1.th
the agricultural, recreational or open space use to which the land ie
restricted by contract. ·
E. "Open space use" as defined in the Galifornia Land Conservatir.n Act,
Government Code Section 51201(0); unless the City Council finds after
notice and henring that such open space use is not compatible vi.th the
agricultural, recreational or open space use to which the land is
~estricted by :ontract.
F. Uses permitted by the regulations of the "O-S Open Space District," "F
Flood Plain District." or "P-F Public Facilities District," provisions
of the :1.oning ordinance of the City.-
I
. .
EXHIBIT "B"
Likens Property
Page Mill Road and Montebello Road
Assessor's Parcel No. 351-25-14
BEGINNING at the southeasterlv corner of that
certain parcel of land conveyed to-Harry J. Beyer,
Jr., et al, by Deed recorded on June 20, li63, in
Book 6071 of Official Records, page.412; thence
along the Southerly line of said parcelt North 89°
10' 07" West 1200.00 feet; thence leaving said
Southerly line North 4° 00' 00" West 510.00 feet:
thence South 79° 35' 45" East 881.96 feet to a
point in the Easterly line of said lands;. last
said point lying on the -arc .of 4 50 foot radius
curve, the center of which lies North 10° 24' 15"
East 50.00 feet from last said point; thence along
said Easterly line the .following courses and dis-
tances: Easterly along the arc of said 50 foot
radius curve to the left, tangent to a line bearing
South 79° 36' 44" East, through a central angle of
29° 22' 41" for an arc distance of 25.64 feet;
thence North 71° 01' 34" East 50.28 feet to an
iron pipe at the· beginning of a curvei.thence along
the arc of a curve to the right, having a.radius of
80.00 feet, through· a central angle of.88°. 36' 55"
for an arc distance of 123·. 73 feet to .an iron pipe;
thence South 20° 21' 31" East·41.75 feet to an iron
pipe at the beginning of a curve; thence along the
arc of a curve to the .1eft, having a radius of 205.00
feet, through a ·central. ang1e .of 25° 37' 10" for an
arc distance of 91.66 feet to an iron .. pipe;. .thence
South 45° 58' 41" East 45.38 feet.to :an iron pipe
at the beginning of a curve.;. thence along the arc
of a curve to the right, having a.radius of 185.00
feet, through a central angle of 22° 49' 15" for
an arc distance of 73.69 feet to an iron pipe; thence
South 23·0 09' 26" East 141 •. 68 feet .to the point of
beginning.
EXCEPTING THEREFROM any and all mineral rights
of every kind and nature· (including .. water)-without
the right of surface entry.
e. l
I ~~ + I
I . .
J
\NILLIAMSDN ACT
APPLICATIDN·s
•
l&t\ds of 1ht tity of . Pilo Mtt
351-25-13 . LAND.S OF
llAACIL t HARRINGTON 10. 996± ACRES . .
"'' n·
t..--.... ICIQO --DEPT. OF PLANNING FEB. 1975
L.uds of Eldridgt
........ \
i
~ r
u&RM LAND CONSERVATION coAg-~· B
Thia is an agreement bf tween tbe CITY OF PALO AL TO. a municipal corporation of the
Stat'" of California. hereinafter calle4 "City," and THOMAS E. UAP.!' +NGTON. a
single man.
heninafter called "Owner."
WHEREAS, Owner P.OSJesses certain real property located within the City of Palo Alto,
County of Santa Clara, State of· California, which is presently devoted to agricultural use and
Js descriN:d in Exhibit B attached h~to and made a part hereof; and
·~REA.$, tl1e property is located in an agricultural preserve heretofore established by City;
and
WHEREAS, both Owner and City desire to limit the use of the property to agricultural
and compatible uses; and
WHEREAS, ·.-.he parties have determined that the highest and best use for the property during
the term of •'tis .:ontract, or any renewal thereof, shall be for agricultural and corr.patible uses.
NOW, THEREFORE, City and Owner agree as fo!1oW3:
I. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965.
This· contrlct is entered into p~ant to Chapter 7 (commencing with Sectloo S 1200} of
Part I, Divisiqn 1, Title $ of the Government :'.:ode, which is known as the California LanC:
Conservation i\ct of 1965. hereinafter called" Act." This contract is subject to all of the provisions
of the Act and City Ordinanc. No. 2 6 6 3 including any amendments thereto which may
hereafter be enacted. The provisions of the Act ue incorporated herein by this reference. Owner
declares that he has received. from City a copy of the Act, as amended in 1971. relevant sections
of the Revenue and Taxation Code, as amended in 1971, and Article XXVIll of the California
Constitution; and that he· has retd and understands the provisions thereof.
2. . RESTRICTION ON USE OF PROPERTY.
J)pring the· term of this c0ntract, and any and aD renewals thereof. the property descn'bed
in Exlu"'bit B shall not be used by Owner, or Owner's successors in interest, for any use other
tban thoae agr~tural . .oses and comp&tible uses which are determined by the Council of the
City of Palo i\lto as the agricultunl and compatible uses permitted in the preserve in which
the land is locat .. ~. A list of aU such compab"ble uses is set forth in E.Ahibit A. attached hereto
and by this reference incorporated hc:rdri. City, by uniform Jule adopted by the City Counc~
may from time to-time dwina the term of this contract and all renewals thereof. add to the
list of compatible uses which lblll be uniform throughout the agricultural preserve in which the
property in Exhibit B is located; ~ hovmrer, City may not during the tenn of this contract
or any renewal tbueof, without.the prior written consent of Owner, remove any :'If the compatible
U86S for the subject prorerty which are set fo9+h in Exhibit A. The provisions of this contrac::t
and any uniform rule supplementina the list oi compatible USl!S are not intended to and shall
not limit or supersede the plamrina and zonma powers of City.
3 •. TERM OF CONTRACT.
1bJa contract shall become effective on the elite of execution and shall remain in full force
and effect for an Wtial term of ten yean. 1be initial term of ten yean shall be measured
Santa Clara County
Land Conservation Contr•ct No. 75.912
' --.
•
B 297 r~~: 729 ·
. commencing as of the first day of January next !'~1cceeding the date of execution if the date
of execution is between Mo'lrch 2. a11d December 31. The initial term of ten years shall be
measured commencing as of the first day of January of the year of executior~ if the date of
execution is between January I and March 1. Each succeeding first day of January shall be
deemed to be the annual renewal date of this contr:>.1:t This contract shall be renewed on each
succeeding January I and one additional year shall be added automatically to the initial term
unless notice of nonrenewal is given as provided in para{U"aph 4.
4. NOTICE OF NONRENEWAL.
(a) If either party desires in any year not to renew this contract, that party shall serve
written notice of nonrenewal upon the other party in advance of the annual renewal date of
this contract Unless such written notice of nonrenewal is serv~d by Owner at least 90 days
prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract
shall JC considered renewed as provided in paragraph 3 above.
(b) If either party serves written notice of nonrenewal in any year within the time limits
of 4(a) above, this contract shall remain in effect for the balance of the period remaining sir.ce
the original execution or the last renewal of this contract, as the case may be.
S. NO COMPENSATION.
Owner shall not receive any payment fro:n City in consideration of the obligations imposed
under this contract, it being recognized and agree<! that the consideration for the execution of
tlUs contract is the substantial benefit to be derived therefrom.
6. SUCCESSORS IN INTEREST.
This contract and the restrictions imposed hereunder shall be binaing upon, and inure to
the benefit of, the successors in interest of the Owner. Whenever any .of the property described
in Exhibit B is divided, the owner of an~· a>arcei may exercise, independent of any other owner
of a portion of the divided property, 4."lY of the rights of the owner in this contract, including
the right to give notice of nonrenewal and to petition for cancellation. The effect of any such
ldion by the owner of a parcel CTe3ted by the division of land described in Exhibit B shall
not be imputed to the owners of the remair.ing parcels and shall have no effect on this contract
as it applies to the remaining parcels of the divided property.
7. CANCELLATION.
This contract may be cancelled and a cancellation ·fee imposed pursu&nt t'l the applicable
prorisions of the Act.
8 NOTICES.
All notices required or pe:nnitted by this contract. including notice of a change of address,
shall be in writing and given by personal delivery or sent by United States. Mail addressed to
the_ party intended to be notified. Notice shall be deemed given as of the date of delivery in
person or as of the date when. deposited in any post office or any post office box regularly
maintained by the United States Govmunent.
Notice to the City shall be addressed:
City Oetk
City of Palo Alto
CMc Center
2SO Hamilton Avenue
Palo Alto, California 94301
I
Notice to Owner shall be addressed;
Name:
Address
e
B
Thomas E. Harrington
·2620 Emerson Street
"9'7 ;~r r ..,..,0
r#,. /' u
City and State . Palo Alto, California 94306
IN WITNESS WHEREOF the parties hereto have caused this contract to be executed: by Owner
on February 19, 19 7 5 and by City on February 24, l 97 5
ATTEST:
sf Ann I Tanner
City Clerk
APPROVED AS TO FORM:
s/ Robert Booth
·City Attorney
CITY OF PALO ALTO, a
municfpal . corporation,
By s/Byron D. Sher
Mayor
And s/ George Si'_. p,_e_l ____ _
~1/ka~~
OWNER
• . 'f
.. EXHIBIT "A"
COMPATIBLE USES
B 297 r~~= 731
A. PUBLIC A?i'D PUBLIC UTILITY USES,
(1) The construction, reconstruction, installation, re-installation,
removal, alteration, repair, maintenance and use of: (i) public
streets and street improvements; (ii) public water, storm and
sanitary sewer, communication, transportation, traffic control and
firm ~!arm lines, structures, works, improvements, systems and
facilities; (iii) public uses, buildings, structures, improve-
ments, parking areas, and their appurtenances.
(2) The erection, construction, alteration or maintenance of gas,
electric, w~ter or communication utility facilities, including
radio, television or microwave antennas, transmitters and inci-
dental facilities related thereto; unless the City Council finds
after notice and hearirg that such use is not compatibl~ with the
agricultural, recreational or open spac~ use to which the land is
restricted by contract.
B. IMPROVEY.ENTS DETERMINED COMPATIBLE BY THE ACT.
Th~ location ~r construction of the following types of improvements which
have been determined by Government Code Section 51293 of the Act to be
c~patible with or to enhance land with an agricultural preserve:
(1) Public Works req~ired for fish and wildlife enba~cement ~~d preservation.
(2) Improvements for the primary benefit of the land within the preserve.
c. "Agricultural use" (but excludi.ng .. recreational use" and "open space use")
~s defined in the California Land Conservation Act, Government Code Sec-
tion 5120l(b), and excluding the meaning ascribed thereto in Government
~ode Section 51205; unless the City Council finds after notice and hearing
that such agricultural use is not compatible with the agricultural, rec-
reational or op~u space use to which the land is re~tricted by contract.
D. "Recreational use" as defined in the California Land Conservation Act,
Government Code Section 5120l(n); unless the City Council finds after
notice and hearing that such recreational use is not compatible with
the agricultural, recreational or upen space use to which the land is
restricted by contract.
!. "<>ven space use" as defined in the California Land Conservation Act,
Governnient Code Section 51201(0); unless the City Council finds after
notice and hearing that such open space use is not compatible with the
agricultur~l, recreational or open space use to which the laud is
restricted by contract.
1. Uses permitted by the regulations of the "O-S 0p;3!1 Space District," "F
Flood Plain District," or "P-F Public Facilities District," provisions
of the zoning ordinance of the City.
•
EXHIBIT "B"
Harrington Property
Page Mill Road and Montebello Road
Assessor 1 s Parcel No. 3s1~2s-13
8
A PORTION of the Northwest 1/2 of the Southeast 1/4 of
the Northeast 1/4 of Section 15, Township 7 South, Rang.e 3
West, M.D.B.&M., and being more particularly described as
follows:
BEGINNING at an iron pipe in the centerline of Page Mill
Road (40.00 feet wide) on the North line of the South 1/2 of
the Northeast 1/4 of said Section 15; thence along· said North
line, South 89~ 10 1 07" Ea~t 1041.62 feet to an iron pipe on
the Easterly line of a private road (20.00 feet in width) known
as Montebello Road; thence along said Easterly line with the
following courses and distances: Southerly along the arc of
a curve to the right, the tangent of which bears South 24° 32 1
08" East having a radius of 170 feet through a central angle
of 24° 57' 27~ an arc distance of 74.05 feet to an iron pipe;
thence South 0° 25' 19" West 193.74 feet to an L-·m pipe at
the beginning of a curve; thence along the arc of a curve to
the left,-having a radius of 440 feet~ through a central angle
of 11° 49' 15" an arc distance of 90.78 feet to an iron pipe at
a point of compound curvature; thence along the arc of a com~
pound curve to the left, having a .radius of .50 feet, through·-a
central angle of 97° 34' 30" an arc distance of 85.15 feet to
an iron pipe; thence North 71° Ol' 34" E~st 50.28 feet to an
iron pipe at the begihnil1g of a curve, thence along the arc .of
a curve to the right, having a radius of B0.00 feet, through a
central angle of 88° 36' 55" an arc distance of 123. 73 feet _.to
an iron pipe; thence South 20° 21' 31" East 41.75 feet to an
iron pipe at the beginning of a curve; thence along the arc of
a curve to the left, having a radius of 205.00 feet;· through.a
cent:caJ. angle of 25° 37 1 10" an arc distance of 91.66 feet to
an iron pipe; thence South 45° 58' 41• East 4S.38 feet to an
iron pipe at the beginning of. a curve; thence along the arc of
a curve to the right, having a radius of 185.00 feet, through
a central angle of 22° 49' 15" an arc distance of 73.69 feet
to an iron pipe; thence South 23° 09' 26" East 141.68 feet to
an iron pipe~ thence leav.ing said Easterly .line of Montebello
Road, North 89° 10 1 07• West 1698.76 feet to an iron· pipe in
the centerline of said Page Mill Roadi thence along said
cen~erline with the following courses and distances: North ,
40° 21 1 34" East 116.35 feet to a 3/4 inch iron pipe; North
20° 54' 34" East 179.86 feet to a 3/4 inch iron pipe; North
13° 34 1 04" East 230.20 feet to a 3/4 inch iron pipe; and North
6° 54' 43" East 273.98 feet to the point of beginning.
EXCEPTING THEREFROM any and all mineral rights of every
kind and nature (including water) without the right of su~Cace
entry.
• . .
B 297 r,v,:?33
ALSO EXCEPTING THEREFROM:
BEGINNING at the Southeasterly corner. of that certain
Parc~l of land conveyed to Harry J. Beyer, Jr., et al, by Deed
recorded on June 20, 1963, in Book 6071 of Official Records,
page 412; thence along the Southerly line of said parcel No~th
89° 10' 07" West 1200.00 feeti thence leaving said Southerly
line North 4° 00' 00 11 West 510.00 feet·; thence South 79° 35 1
45" East 881.96 feet to a point in the Easterly line of said
. lands; last said point lying on the arc of a SO foot radius
curve, the center of which lies North 10° 24 1 15" East 50.00
feet from last said point; thence along said Easterly line the
following courses and distances~ Easterly along the arc of
said 50 foot radius curve to the left, tangent. to a line bearing
South 79 ° 36' 44" East, through a central angle· of 29° 22·1 41 '!
for an arc distance of 25.64 feet; thence North 71° 01 1 34" East
50.28 feet to an iron pipe at the b~qinning of a curve; thence
along the arc of a curve to the right, having a radius··of 80.00
feet, through a central angle of 88° 36' SS" for an arc distance
of 123.73 feet to an iron pipe; thence South 20° 21' 31" East
41. 75 feet to an iron pipe at the beginning of· a cur\Pef thence
along the arc of a curve to the left having a radius of 205.00
feet, through a central angle of 25° 37 1 10" for an arc distance
of 91.66 feet to an iron pipe; thence South 45° SS' 41" East .
45.38 feet to an iron pipe at the beginning of a curve; thence
along the arc of a curve to the right, having a radius of 185.00
feet, through a central angle of 22° 49 1 15" for an arc distance
of 73.69 feet to an iron pipe; thence South 23° 09' 26" East
141.68 feet to the point of beginning.
ALSO EXCEPTING THEREFROM:
BEGINNING at the N.orthwesterly. corner: of that· certain
20.285 acre parcel of land as shown on that certain Record ·
of survey of a portion of the N. 1/2 of the S.E. 1/4 of the
N.E. 1/4 of Section 15, T. 7S.-R. 3 W., M.D..B. &M., a map of
which was recorded on September 22, 1961, in Book 138 of
Maps at page 17, Records of Santa Clara County, California,
said point also being an iron pipe set in the center line of
Page Mill Road (40 feet wide); thence s .. 89° 10' 07". :e. along
the northerly line of said parcel 30.17 feet; thence s. 6°
54 1 43" w. 278.91 feet1 thence s. 13° 34' 04" w. 233.65 feetr
thence s. 20° 54' 34" w. 186.93 feet; th~nce s. 40° 21 1 34"
W. 96.74 feet; thence N. 89° 101. 07" W. 38.89 feet to a point
on the centerline of said Page Mill Road; thence along said
centerline the following courses and distances; N. 40° 21 1
34" E~ 116.35 feet to a 3/4" iron pipe; N. 20° 54' 34" E~
179.86 feet to a 3/4" iron pipe; N. 13° 34 1 04" E. 230.20
feet to a 3/4" iron pipe; and N. 6° 54' 43" 273.98 feet to
the point of beginning, and being a portion of said Section 15. .
EXHIBIT "B"
Page Two
Parcel No. 351-25-13
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WILLIAMSON ACT
APPLICATION'S
•
_.-an111 .......
· 4nds of '~t tlty of P~lo Alto
351-25-1:5 . LANDS OF
PARCEi. • HARRINGTON 10. 996± ACRES .
DEPT. OF PLANNING FEB. 1975
Lands Df Eldridge
•
WILLIAMSON ACT -. . . .
APPLICATIDN·s
•
---OHOI -·
-····
DEPT. OF PLANNING FEB. 1975
of 1ht City ot P.ilo Alto
351~25-13 LANDS OF
PARC:IL I HARRINGTON 10. 996± ACRES . . .
I .
· -t. MCNTUlL.\.Q. A~AD
i (PllLVATll
Mil. 11'
L.inds 111 Eldridgt
\\\ ·, __
~:"'"'":;i"' \-\ =1 .., ..... 140 ca···· ......... ~\ :; . ~:::'•= \';le 351-25 .. 14 \ ~-
\ \ PAACIL " LANDS OF \ \ 10. 724+ A.l"D"eo . :1. ·' ~ LIKENS '.·~,
,
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\ '\ ,,, ,,\ -.·., . ' . ' \
Luds of fldri~1 •