HomeMy WebLinkAboutRESO 5343. ' •
RESOLUTION NO. 5343 -
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE
CITY OF PALO.ALTO Alm AUTHOlllltM& THE-EXECUTION OF
A LAND COHSBVMION COJPI'RACT (LAWRBHCE AND JACQUELINE
BRESSLER--ARASTtb\DERO llOAD)
WHEREAS;-Li"Wrence and Jacqueline Bressler are owners of a
certain parcel of land in the City o£ .P.alD Alto, Santa Clara
County, California; have applied to have.such· land designated
an agricultural preserve under th~ provisions of the Land Con-
servation Act of 1965; and have submitted a contract executed
by them, as owners, acceptable to the City Council; and
WHEREAS-, -the· City Council has received and reviewed the
report of the J>irector of Planning and Commmity Development concerning.the request to establish this preserve; hereby finds
that the establishment of this preserve is consistent with the
Comprehensive Plan of the City of Palo Alto; and further finds
that the establishment· of· this preserve (which includes an area
of approrima:tely · 13: 27 -acre~ is necessary due to the character-
ia.tics ·of-ttie-agricultural· enterprises in the area and that the ·establishment-of a-prerierve-of-such size is consistent with the
Comprehe:naive·Plan of the City of Palo Alto for the following
re.ELaona;
1. Historically, agricultural and rural operations.
in the area have been conducted on comparatively small
boldinga, and an imposition of a 100 ... acre size on agri-
cultural .. preserves would unreasonably prevent the main.:.
ten•nce of. land: 1n an· ..agr.icultural· or· rural status; and
· 2. The terrain· is such that the appearance and sub-
. stance of ..an agricultural or rural environment would be
maintained on parcels .of lea-a--than 100 acres; ·
~ TBDVOU1 the Council of the City of Palo AltO does
USOLVI aa follows: .
SECtIOlf·l. A Land Conservation.Contract, a copy of which la atticiied hereto,-.is incorporated by reference herein,
as though-fully eet· forth·.· Said contract' hereby is approved, and
the Mayor· is sutborized and directed to execute said contract on
behalf of the City.
SBeTIOlt 2. the area described· in the document designated
as BlilIDi' "I" to said contract and as shown on the map attached . to said contract hereby is designated and established as an · ·
agricultural preaerve uncter·the provisions of the California Land
Conservation Act of 1965 ("Williamson Act"), adopted by the City
Council. · ·
SBCnOR · 3. 1118 City Clerk is directed to perform any act
ne.ceaaary !or the attestation of aa~d contract, the fil~ of
a copy of thia rNolution anct of s.aid"contract·in the Office of· the COUDtylleCorder-of-f:be·eounty of· Banta Clara, and such
other--filinga. · amt··acts ·as are required by law. --
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SECTION 4. The Council finds that this project is
categorically exempt from environmental assessment under
Class 17, CEQA.
INTRODUCED AND PASSED: February 7, 1977
AYES: Beabrs, Berwald. Clay. Comstock, Eyerly, Norton, Sher, Witherspoon
NOES: None
ABSENT: CAt'ey
ABSTAINING: None
ATrESt: -APPROVED: ~
. ~A 4,fu. l'.. yor/ ~ city ~
,,;Pa_OVED: ~ . . ~:.:: -
~t:':a /-
Corm:nmity Environment
PROPERTY DESCRIPTION
PROVED:
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• . . . .. • UNIFORM LAND CONSERVATION CONTRACT
Thil is an qreement between the CITY OF PALO ALTO, a municipal corporation or the
State of California, hereinafter called •city," and t..Awl€.Jll G (fUJ> JlfC1Vct.IJ/e
Bll.%SL€A, . .
berdnafter called "Owner."
WHEREAs, Owner P..Ossesses ~ real property located within the City of Palo Alto,
County of Santa Clara, State of California, which is presently devoted to agricultural use and
ii described in Exhibit B attac:bed h~to and made a part hereof; and
WHER£A,S, the property is ~ocated in an agricultural pre_serve heretofore established by City;
and
WHEREAS, both Owner and City desire to limit the use of the property to asricultural
and compatible U#S; and ·
WHEREAS, the parties have determined that the highest· and best use for the property during
the term of this contnct, or any renewal thereof, shall be for agricultural and compatible uses.
NOW. TIIEREFORE, City and Owner agree as follows:
l. CONTRACT SUBJECT TO CAUFORNJA LAND CONSER.VA DON ACT OF 1965.
This contrlct is entered into pursuant to Chapter 7 (commencing wi~ Section S 1200) of
Part 1, Division l, Title $ of the Government Code, which is known as the California Land
Conservation Act of 1965, herein.after called .. Act." This contract is subj~ to all of the provisions
of the Act and City Ordinance No. 2663 including any amendments thereto which may
hereafter be enacted. The provisions of the Act are incorporated herein by this ref ercnce. Owner
declares that he bas 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 Jle· has rtad and understands the provisions thereof.
2.. RESTRiCTlON ON USE OF PROPERTY.
DPrina the term of this contract, and any and all renewals thereof, the property descn"bed
Jn &lul>it B shall not be used by Owner, or Owner's successors. in interest, for any 111e other
than those agricultural uses and compatible uses which are detennined by the Council of the
City of Palo Alto u the agricultural anc;l compau"ble uses permitted in the preserYe in which
the JU.cl is located. A ~ of all such compatible uses iS set forth in Exhibit A, attached hereto
and by this reference incorporated hereui. City. by uniform rule adopted by the City Council,
may from time to time during the term of this c:ontract and all renewals thereof, add to the
· list of compati"ble uses which shall be umrorm throughout the qricultural preserve in which the
property in Exhibit B is located; provided., however, Qty may not during the term of this contract
or any renewal th~of, without the prior Written consent of Owner, remove any of the c:ompati1>1e
uses for the aibject property which are set forth in Exhibit A. The provisions of this contract ·
and any uniform rule supplementina the list of compatible uses are not intended to and shall
not limit or mpersede the plannina and zoning powers of City.
3. . TERM OF CONTRACT.
'Ibis contract sball becO~e effective on the date of execution and shall remain in full force
and effect for an initial term. of ten yean. The initial tcnn of ten yean shall be measured
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CDllllMndna u of tbc rust day of January fiext succeeding the date of execution if the date
of . execution is ~tween March 2. and December 31. The initial term of ten years shall be
---~ commendns a of the rust day of January of the year of execution if the date of
acaa.-is between Jamwy J and ·March 1. Each succeeding fmt day of Janulry shall be
deaned to be the annual renc1ral date of this contmct This contract shall be renewed on each
mcaedina January l and one additional year shall be added automatically to the initial term
unlea notice of nonrenewal is pen as provided in parqra~ 4.
4. NonCE OF NONRENEWAL
(a) I( either party desues in any year not to renew dtis contract, that party shall serve
written notiCe of nonrenewtl upon the other party in ac:tvance of the annual renewal date of
tbla contract. Unless such written notice of non.renewal is served by Owner at least 90 days
prior to I» renewal date. or by City at least 60 days prior to the renewal date. this cont?Kt
mD be COftliderecl renewed as provided in parasraph .3 above.
(b) If either puty senes written n0tice of nonrenewal In any year within the time limlts
ot 4(1) abaft, ddl coiltract shall remain in effect for the balance of the period remainins since
die adaiRll execudon or the lat R:uewal of this contract, as the c:aSe may be.
S. NO COMPENSATION.
Owner shall not recene any payment &om City in conSideration of the obligations imposed .
under this· contract. it beina ~ized and agreed that the consideration for the execution of
dais contnct is the substantial benefit to be derived therefrom.
6.
This amtnct and die zesuictions imposed bereunde.T shall be binding upao. and imue to
tbe benefit or,· the IU4'CeCSOrs in interest of the-~· ·Whenever uy ~ ~ txoperty desClibed .
111 Eddbit B is dMded, die owner of any parcel may exadse, independent of anY other owner
ol a Pmt;oa of the dmded ptOperty, any or dae rights of the o~ m this contract,·~
tbe rflht to sift notice of nonrenewa1 and to petition for canceJJation.· The effect or·uy suc:h
IClfon by the owner of & parcel created by the dMsioii of land described in EXhibit B shall
aoa be imputed to the owners or the rmminina pirceJs and lhaD Jaave. no effect on this contract
• it applies to me remairdnl parcc11 of 111e diTided property.
7. CANCELLATION •
... nm contnct may be eaacellecl IDd • ew:cDatioa ·fee imposed pursuant to the applicable
proriliom or the. Act. . . .
8 N011CES.
AB :aoticel nquire4 or permitted by this contract, ·including notice of a cm. of addlels. ·. ·
ml 1Je in writiag and pen by penoaal cleHft1')' or tent by United States Mail addre91d. to .
tbe. party intended to be aotified. Notice WU be deemed given as of the date of delivery iD
penon or 11 or tbe date wben. depcJlited la aay post offace or any post off"sc:e box ftaalaity
wmtlined by the United Si.ltll Gcwamnent.
City Oat
Qty ol Palo Alto
Orie Center
2SO HamiJtoft Awriue .
Palo Alto, C.UConlia MJOl
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State o1 c:::ou 1 eoA"' d } .ss.
eounqo1SaHPi t:<tU.tr
aIY OF PALO ALTO, a
JaUlricip8l carporation,
On DJS the 9 day of ~-c. 19 ~ .... me.
.j;y,1,ilf'"~.t.;-)' "'J: A:>~ F~Ail.S
the undeni8ned Natary Public. persanallf appeared
L,,,,~.;s-~#C4"' ~.S..('~ ... ,,
\J"".19cQu1 ~r ~r-SPLI"~
~to me to be the fJ8fSGft($) wlmse nlml(s) c?A«-subscribed
to the within insbumeftt and ~ that T'HtfCt -
executed the ume for the purposes thoreill emablinad..
IH WITNESS WHEREOF. I ~ Sit lllf hind and QfticW see!.
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COIOATJBLE USES
A. PUBLIC AND PUBLIC UTILITY USES.
(1) Tile c:omtruction. reconsttuction. ~ ie-instaUation, removal. alteration, ~pair,
JIH!intenance and use ()f: (i) public streets and street improvements; (ii) public water.
stonra and samtary sewer, oonmu1nkation, transportation, traffic control and file alarm
liMI, stmctmcs._ works; improvements., systems and facilities; (lii) public uses. bu.ildinas.
structwa. improvements, pmtmc areas. and tbeif appurtenances.-
(2) TJte erection. coastruction. alteration · or maintenance ol au. electric, WUe:r or
communicatioD utility facilities. including radio, te!msion or ~ antennas..
tmssmittas and incidental faciJitiea related ~reto; wiJess the aty Council finds after
notice and hnrinl that sUch use is not c:Ompatt"ble with the ~ rec.tational
· _ or ope sPece use to wlUcb ~ land is restricted by contract.
B. DIPROVEMENTS DETERMINED COMPAnBLE BY THE ACT.
'Die location or eoastructioa of the following types of ~ts which hpe been
ddemm rd by Go.emmeat Code~ 51293 of the Act to be.compatible with or to enhance
llDll witllill &1l qdc:altural pessepe;
C. ·~ uee• (IM&t exch-.., •rec::reatiooal use• and •open space. use•)• clefined in
die Cliifomia Land Comemdion Act. Golemmeat Code Section Sl20l(b~ aad exdw'inl
• meanina ascribed thereto ill Gowea lllftC'At Code Section s 1205; unless the City Cou.ncU
... after notice wl batD8 that sW::h ~us. is aot :ompatible with the apicultura1,
ncrcatiDDal ex open space mt to wllic:ll tM land is restlicted by contract.
D. •JtecreatioaJ uae • 11 efiiae,d m ti.e Califomia 1.aad Consertatioa Act. Goremmmt Code
Sectioa S l 201{n); uless tile City Council find.I after D.Otice wt hariD3 that suda recreatioaal
-is not amapatible widl the ~ n:crea:toMl cw open spece use tQ whidl the
~ is restricted by coatract.
E. · •0pea lfllCI' uae• 11 defined iR the Ca1ifomia 1.aiJd Comenatioe A~ Go¥enuneM Code·
Soction s 1201(0); unless the City 'Council ... after notice and hearing that mda opea
..-e use iii not compatiJlo with tbfi ~ ICC2'C1ti9aal or open space use to wbich
t1le ~ ia ratricte4 ~ contract.
F. U.. ~ br tM l'C9Jatirina of the •o.s ()pea Spece .District.,. "F Flood Plain I>mrict. •
-•• ~ a...a.t:-11--..:..,.. ~~ • . • f ~ • --'=· . of ~:a.-n... -..,.. ~ ~~ ..._...... ~ o.. .... zomag Ulludl8DC:e 115 -~·
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........... -----------~ A Policy No. Y 453110 "
Y Order No. 50393
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SCHi:LiULE C
'Ifie· r.uu.I t..:k1tl·J 1 .. 111 ifli, p•il1•• i' ,ii.1.111.·J n1 1/1,· (\10111~ .. i Santa Clarc:l, City of Palo Alto,
S!Jtc• "' Ldil1>1!1i.t . .:1,d 1~ dc·,1.·11h·<l a' lollt•\1.Y
BBGINNING at a point which lies North 66° 30' 46" i·lcst, a distance of
642.43 feet from a 3 X 4 post marked "M-H-03", said post being the South-
. westerly corner of 'rract 3306, as said Tract is shown on the Nap
entitled, "Tract 3306, Page Mill Estates", recorded in Book 153 of
Naps, at pages 40-42, Records of said County; thence <!long the following
courses and distances: South 23° 44' 16" west, 290 feet, ~orth 68°
32' 00" West,· 241.00 feet, South 66° 43' 42" West, 165.0U feet, North
87° 36 1 45 11 West, 554.84 feet, North 49° 17' 51" t·J'est, 146.04 feet,
North 76' 13' 35" t'Yest, 395.00 feet, and North 57° 16' 5311 West, 198.00
feet to a point on a curve; thence along said curve to the right of
radius 550 feet, Northeasterly and Easteily~ through a central angle
of 32° 46' 04", a distance of 314.55 feet to a point of compound
curvature, said point being ~he Westerly point of curvature of a
curve of radius 4025 feet, as shown on the Map entitled, "Record of
Survey of a portion of Rancho El Corte De Madera", recqrded in Book
118 of Maps, at page 12, Records of said County; thence along the
Southerly line of the 77.219 3cre parcel described iri said Record
of Survey, and along a curve to the right of radius 4025 feet,
through a central angle of a 2° 04' 16", a distance of.145.50 feet: -
thence North 80° 48' 50° East, a distance of 71.70 feet; thence
along a tangential ·curve to the right of radius 525 feet, througf'l
a central angle of 17° 42' 17", a distance of 162.23 feet; thence
South 81° 28 1 53" East, a distance of 587.45 feet;· thence along
a tangential curve to the right of radius 525 feet, through a
central angle of 12° 49 1 05", a distance of 117.45 feet; thence
South 68° 39' 48" East, a distance of 390.00 feet to the Point
of Beginning. ·
182-33-14
06-039~
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