HomeMy WebLinkAboutRESO 5521.. • f • 5939233
ORIGINAL
RESOLUTion no. £. .rt12 I __ _ D 493 ,.239
RESOLUTIOU OF THE COUUCIL OF THE CITY OF PALO ALTO
ACCEPTIUG THREE CORPORA~'IOU OPEUSPACE EASEMENT
GRANT DEEDS FRCY.i THE ALTA MESA IMPROVE?-mNT COUPAZ:Y
PURSUAlIT TO CALIFORIUA GOVERllMEUT CODE SECTIOUS
51070-51087 AUD CALIFORUIA REVElffiE Alm TAXATIOH
CODE SECTIONS 42l(e) AUD 422(d)
llHEREAS, the Alta Mesa Improvement Co~pany submitted to the
City of Palo Alto hy letter dated December 14, 1977, a proposal
to establish an open-space easement in the City of Palo Alto for
that certain property located on the southeast side of Arastradero
Road, Assessor's Parcel Uo. 167-03-013, consisting of Eighteen (18)
acres of land more or less; and
WHEREAS, Alta Mesa lmpr!>vement Company modified the original
proposal by restricting the area to be covered by said open-space
easement to thirteen (13) acres of land, more or less, and by
dividing said a~aa into three separate parcels (denominated parcels
A, B, and C), each to be covered by a separate openspace easement
grant deed, as shown and described in those three documents en-
titled "CORPORATIOU OPEUSPACE EASEMEHT GRAIIT DEED PURSUAUT TO
CALIFOPJUA GOVEIU~UT CODE SECTIOUS 51070-51087 AlID CALIFORUIA
REVEIIDE AND TAXATIOH' CODE. SECTIOU 421 (e) AUD 422 (d}", a copy of
each of which is attached hereto, incorporated by reference herein;
and collectively referred to as the. Openspace Easement Grant Deeds;
end .. -:
WHEREAS, pursuant to.Section 51085 of the California Govern-
ment Code, the proposal was referred to the Planning Commission of
the City of Palo Alto, which reviewed the matter at its regularly
scheduled meeting of January 25, 1978, and a report thereon has
been received from said Planning comrission;
HOW, TIIBREFORE, the Council of ~he City of Palo Alto does
RESOLVE as follows:
SECTION 1. Pursuant to the requirements of Section 51034 of
the Callfornla Government Code, the Council hereby finds that the
preservation of said land as open space is consistent with the
ge~eral plan of the City of Palo Alto and is in the best intereAt
of the City of Palo Alto {l) because the land is ~ssentially unim-
proved and, if retained essentially in its natural state, has scenic
value to the public and said Openspace Easement ~rant Deeds con-
tain appropriate covenants to that end, and, (2) further, because.
retaining said land as open space will add to the amenities_ of
living in neighboring urbanized areas and will help preserve the
rural character of the area in which said l~nd is located.
-SEC'!'IOU 2. Pursuant to Section 51083 of the C~.ferntp Gov~
ment ~ode, the Council hereby accepts said OpenspacEe,isem~t Graso
Deeds and directs the City Clerk to endorse the accd&~~nce-o-t thff"
Council on the same. 9!J
239
,A•·.,.. g~ ~-'.I>~
. D 4 r111 ~:'-~ ..l' ;:;~
AFTER RECORDING MAIL tO: CITY OF PALO AL TO • cfl ~d 5"l
PROPERTY AGENT ~-~ ~; °' c: ::D ...,
.fl 250 HAMILTON AVENUE (. '•>M 3 ;p ~~ ~
trf PALO ALTO. CA 94301 ~~~ ;e: !; ~g ~
NO FEE FOR RECORDATION PER GOVERNME~T COOE SECTION;;~ I ~~ ~ i "'~ ti
D 493 rm240 ' •
SECTION 3. PurJJuant to Section 51087 of the California Govern-
ment ~ode, the City Clerk hereby is authorized and directed to
record, or have recorded, said Openapace Easement Grant Deeds in
the Office of the CoWlty Recorder of Santa Clara County, and to
file, or have filed, a copy thereof with the County Aaaeaaor of
Santa Clara County.
SECTIOH 4. The Council hereby finds that thiJJ project is
categorically e.~empt from the requirements of the California
Environmental Quality Act and does not require an environmental
aaseaament.
IlITRODUCED AND PASSED: ,,.,,.,, '~.,,/ ,q9P -
AYES: o~.16'.wr;c,I c..,Ad"~ ~ 't'/ p-,..oz.,z...,NO'.,.,
NOES: 0
p~Tc,..,e...e....., #d;.Dl~,,J_,,
~i'T#IASPoo~ J'"°'Nr'<
ABSTENTIOtiS : CJ
ABSENT: eye,,ic~ y
~· -~&O , yor
COJWORA'l'ION OP£NSI'J\CE EASEMENT GRANT DEEr
PU!(SUl\NT TO CJ\LIFORNIA GOVERNMENT CODE SECTIONS Sl070-51087
AND CALIFORNIA.REVENUE ANO TJ\XATION CODE SECTION 42l~e) AND 422(d)
. ~ I This indenture mu.de this/ J day oy()~.1 ..... l-;1-1977, betwef:"n
Alta Mesa Improvement. Company, a California corporation (Granter),
and the City of PalJ Alto, a munici~al corporation (Grantee).
RECITALS
1. Grantoc is the owner in fee of certain real property situa-
ted in the City of Palo Alto, County of Santa Clara, Stute of Cali-
fornia, mcire particularly described in PARCEL aA• attached hereto
(the Pro(>erty}.
2. Granter and Grantee agree that the Property is characterized
by natural scenic beauty, is essentially unimproved and is d~voted to
an open space use for the publ.ic health and safety as an area re-
quired for the protection and enhancement of air quality.
3. Grantor desires by this grant to grant Grantee by gift e
ri9ht in the Pr.operty and by the terms of this grant to impose re-
strictions which, t~rough limitation of ·future use of the Property,
will effectively preserve for public enjoyment the scenic character
of the Property, and Grantee desires to acquire such right as a gift.
GRANT
Now therefore as a gift without any consideration whatever given
or received, Grantor hereby imposes on the Property the restrictions
hereinafter set forth (the Restrictions), and grants to Grcntee the
right in the event of any.violation of any of the restrictions at
Grantee's option and without limiting the exercise·of any other right
or remedy lt may hava on account of which violation •
l' .• to enter the portion of the Property upon or as to which
such violation exists and using such force for that purpose as
may be necessary, to the extent permitted by "..aw, summarily abate
and remove any improvement, thing or condit~Jn that my be or
exist thereon contrary ~o the provisions of this Grant and re-
store the portion of the Property to the uses called for by
this grant, all at the expense of the violator; and/or
B. to prosecute a proceedin9 at law or in equity against
the violator (or person or persons attempting to violate the
Restrictions) to recover damages for any actual violation and
to enjoin and remedy any threatened or actual violation,
if within ninety (90):days after occurrence of the violation Grantee
' . . •
shall have requested Grantor by notice to take action or initiate
proceedings to abate and remedy the violation and Grantor snall for
sixty (60) days after such notice have failed or refused to do so.
TUE RESTRICTIONS
The Restrictions shall constitute a servitude upon the Property
and upon the use of the Property by Grantor. To that end and for the
purpose of accomplishing the intent of the parties, Grant.or does co-
venant on behalf of itself, its successors and assigns, with Grantee
to do and refrain from doing severally and collectively upon the.
Property _the various ·acts hereinafter mentioned for a period of ten
(10) years from January l, 1977, to use and permit the use of the
Property Q~ly for the following purposes:
1. A1l agricultural uses (except the conducting and maintenance
of hog farms).
2~ All cemetery uses except mausoleums and columbariums. No
structures shall be erected and no monuments inRtalled except head
stones level with the surface of the lawn. Roadways and parking areas
may be installed to provide access to graves. A dirt berm not to
exceed five feet (S') in height may be installed arouad a portion of
the ~erimeter and an open mesh cyclone type fenae complying with the
City requirements may be installed.
3. Provided, however, that anything in this GrC\llt to the contrary
notwithstanding no buildings, outbuildings, illumination facilities,
poles, signs and structures of any type or kind located above ground
except those expr~ssly described in the preceeding Paragraph 2 shall
be placed on any portion of the Property during the period of the re-
strictions unless the Palo Alto City CoQncil shall first have deter-
mined after public hearing that such improvements are a use compatible
with the Restrictions as "compatible use• is defined in California
Government Code §51201 (or in any similar statutes then in effect).
RESERVATIONS
Grautor in behalf of iC.self, its successors and assigns espe-
cially reserves the following ~ights and privileges with r~spect to
the Propert:i :
1. The possession of, and all uses, occupancy, ingress and eqress
to, in and upon the Property not inconsistent with the Restrictions
including the right to prohibit entry therecn by unauthorized persons.
2. ~he right to develop water resources including drilling of
water wells and to lay, construct, re~air and replace pipes and con-
duits ior the transportation of water for an irrigation system.
3. All agricultural uses (except the conducting and mainten~nce
-2-
or ho9 r~rms).
4. 1\11 cemetery uses except mausoleums and colurnbariums.
5. ~iis Grnnt and the Restrictions shall continue in full force
for a period of ten (10) ·years commencing January 1, 1978, and shall
be autom.~ticc'\lly extended for one (l) au<litional year on January 1 of
each year commencing with January 1, 1979, unless notice of nonrenewal
is given in accordanc~ with Goverr.ment Code Sections 51090 through
51094.
SUCCESSORS &~D ASSIGNS
This.Grant shall bind the successors and assigns of Grantor,
shall constitute a servitude upon the P~operty and reservations shall
inure to the benefit of the Grantor, its sut;cessors and assigns to the
extent hcreinabovc provided.
. tL Executed tl'.iS I :J day of December r 1977.
ALTA Me SA IMPROVEMENT COMPANY
I ) .• . '/./ ,,_. / .. ~ -l ......... o!.,..,,,.....,,-· By .... t_ / "· -'· ; President
STATE OF CALIFOR.'HA ) ss
COUNTY OF SANTA CLARA )
. On the L1~~day of December, 1977 4 before me, ANDREW M. SPEARS,
Notary Public, personally appeared A. A. PRIOR, known to me to be
the President of the Corporation, ALTl\ MESA IUPROVEMENT COMPANY,
that he executed the within instrument and acknowledged to me that
such CorpQration executed the within instrument pursuant to a
Resolution of its Board of Directors. •
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Offici Seal the day and year first above written.
~ ... ,L~ftt~i?/""~ And~M. Spears,l4tari Public
State of California
My Commission Expires: July 1, 1979
Accepted by Resolution of the
Palo Alto City Council on
--~--~--~~~~-·-· 1978.
City Clerk
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OPEN SPACE EAS~MENT
PARCEL 11A11
IN THE. NORTHWESTERLY PORTION OF ALTA MEAS MEMORIAL PARK
PALO ALTO, CLAIFORNIA
COMMENCINll at the point of intersection of the easterly 1 ine of 1-tanuella A·.,enue as
said Avenue is shown upon that certain map entitled "MAP OF THE PROPERTY OF THE ALTA
MESA IMPROVEMENT COMPANY, SANTA CLARA COUNTY, CALIFORNIA'',: f i 1 ed August 4, 196 l in
File No. 2 of Cemetery Maps at Page 18, Santa Clara County Records, CaliforriHs with
northeasterly 1 ine of a 20-foot road and uti Hty easement designated as Parcel l "in
and granted by Alta Mesa Improvement Company, a Corporation, to Harry Wilson Isaacs,
et al, by that certain Agreement dated November 10. 1955 and recorded March 28, 1956
fn Book 3450 of Official Records at. Page 180, County of Sant.a Clara County Records,
sa1d easement b~ing cor.monly known as Miranda Road;
THENCE
THENCE
THENCE
THENCE
llfENCE
THENCE
THENCE
nfENCE
THENCE
along said easterly line of Hanuella Avenue N. Ol 043 1 co•c E. 174.97 feet
to the TRUE POINT OF BEGINNING;
along said easterly line of Manuella Avenue N. 01~43 1 00" E. 247.44 feet
to the point of intersection thereof with the southerly line of Arastradero
_ Road as established by that certain Final Order of Condernnati~n entered
in the Superior Court of the State of California in and for the County
of Santa Clara, a certified copy of which.was filed March 8, 1963 -!n Book
5935 of Official Records at Page 129, County of Santa Clara Records;
along said southerly line of Arastradero Road N. 63°50 1 SOft E. 232.11 feet~
S. 26°09'10" E. 359.83 feet to the point of intersection thereof with
·. the westerly prolon~-'ttion of the northerly 1 ine of that certain m3p
entitled, "SUBDIVISION NO. 5, CENTRAL SECTION, ALTA MESA MEMORIAL PARK,
COUNTY OF SANTA CLARA, CALIFORNIAu, filea February 4, 1S76 in Book 3
of Cemetery Maps at Page 73 County of Santa Clara Records;
along the most westerly line and the northerly and southerly prolongations
thereof of said Subdivision No. 5, S. 01°43'00" W. 276.00 feet to the point
of 1ntersection thereof with a westerly extension of the southerly line of •
that certain map entitled, "SUBDIVISION NO. 1, CENTRAL SECTION, ALTA MESA
MEMORIAL PARK, COUNTY OF SANTA CLARA, CALIFORNIA", filed February 4, 1976
in Book 3 of Cemetery Maps at Page 69, County of Santa Clara Records;
S. 59°50' 101' W. 249. 70 feet to a point on a ·1_ ine whkh is paral 1 el with
and northeasterly 14.00 feet measured at right angles from aforesaid
northeasterly 11r.e of Miranda Road;
along last described 1ine N. 30°09 1 5011 W. 253.46 feet;
northwesterly along a t~ngent curve concave northeasterly having a radics
of 60 feet thru a central angle of 14°50 1 07" fo_r jJLi!.r~_distao~e of 1-5.54
feet to a point of compound curvature thru which a radial line of ~-d
curve thru last said point bears S. 74°40'17 11 W;
northerly along a curve concave easterly having a rad1cs of 480 feet thru
a central angle of 17°02'43" for an arc distance of 142.80 feet to the
TRUE POINT OF BEGINNIW'; containing 4.536 acres of land~ more or less. I
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S. Z6•(J!J'IO"E.
55!1.8~'
,P,.feo· L•t.t/2.Bt>'
4 r/7°02'-I~"'
--------......~•6P' b/5.~'
4-=l.t/0 60t:Jr'
s.01°4:J~~w.
"Z76.QO'
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20' Road and t/fll/f1e~ &semen I granr'ed lo H.W. /soa~s~ ~r. a~
.651 Al'!freel7lel'rt ~450 P.R. /d~ (.fl-t8-~6J ~now'1 4$ MM?AN.OA RdAh --I . I
OPEN SPACE EASEMENT Arl'l'O\'LO: -. JONES•TILLSON & ASSOCIAT&S R.C.[. /N THE Nh':lY PORr/r.iN tJ;:'L.AN£JSOF H~. c. v ... •Ng IN•• .. •
,,.~~c• ,.,, ~·" :•'-o:J [•r .. w11: ../.'.. r ....................... ... , ....... r.. •• ,.. •• , ... 4LTA M~A /,C,l'P/?t:JVEMEN.T" (.:"t:JA--IF"A..Vr :i.•s1~11.:a-.;•.;UJ \ut•J•''.f'f!d. :-.J ............. -PALO A1...ro, CALl.'e'~Nl'A •_.:.\I~ :1 ·;.Ji •,1 · •..• t~. 2·n'-7.-1 .Job t10.7.l1;-o,;.·,:, ISh,.et I of / I;.,
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CORrORJ\TION OPENSPACF. EASEMENT GRANT DEED
runsUANT TO CALirOl(NIJ\ GOV!-;RNMENT CODI:; SECTIONS 51070-51087
AND CALIFORNIA REVE~UE ANO TAXATION CODE SECTION 42l(e) AND 422(d)
This indenture mado this/ 3 ~Clay of/)~~977, between
Alta Mes~ Improvement company, a California corporation (Grantor),
and the City of Palo Alto, a municipal corporation (Grantee).
RECITALS
1. Grantor is tho owner in fee of certain real property situa-
te(} in the City of p,1110-Al to, County of Santa_ Clara, State of Cali-
fornia, more pQrticularly described in PARCEL •s• attached hereto
(the.? Property).
2. Granter and Grantee a9re~ ~hat the Property is characterized
by n3t~ral sconic beauty, is ~saentially unimproved and is devoted to
an open space use for the public health and safety as an area re-
quired for the protection and enhancement of air quality.
3. Grantor desires by this qrant to grant Grantee by gift a
right in the Property and by the terms of this grant to im~se re-
strictions· which, through limit~iion of ftiture use of th• ~rop~rty,
will cf fectively preserve for public enjoyment the scenic character
of the Property, and Grantee desires to acquire su\.h right as a gift.
GRANT
Now therefore as a 9ift without any consideration whatever given
-or received, Grantor hereby imposes on the Property the restrictions
hereinafter set forth (the Restrictions), and grants to Grantee the
right in the event_Qf any violation of any of the restrictions at
Grantee's option and~without limiting the exercise of any other right.
or remedy it may have on account of w~ich violation
, .~. to enter ._t;he portion of the Proj;'>erty upon or as to which
such·violation cx1sts and using such force for that purpose as
may be neces~ary, to the extent permitted by law, summarily abate
and remove any improvement, thing or condition that my be•or
exist thereon contrary to'the provisions of this Grant and re-
store the portion of the Property to the uses called for by
this 9ran~, all at the expense of the violator; and/or
B. to prosecute a proceeding at law or in equity against
the violator (or person or persons attempting to violate the
Restrictions) to recover danwt.qes for any actual violation and
to cnjoi.n and remedy any threatenc:d or actual violation,
if within ninety (90) days after occurrence of the violation Grantee
--..----------------~-----
Ki1all have re,1ucstcd Grantor by nutice to tilkc action or initi£lte
prococJin9s to ab4tC ~nd remedy the violation and Grantor shall for
nixlV (60) d<ly& .;,gftcr 5uch notice h..:1vc failed or refused to do so.
TUE RBSTRICTIONS
The Restrictions shall constitute a servitude upon the Property
And upon tho use of the Propert~· by Gran tor. To that er.d and for the
purpose ot ~ccornplishin9 the intent of the parties, Grantor does co-
v~n~nt on bch~lf of itself, its successors and assigns, with Grantee
-to do and ref re:\ in from doing severall:!.-' and collectively ·Jpon the
Property the various acts hereinafter mentioned for a period of ten
(10) yoars from January 1, 1977, to use and permit the use of the
Property only for tho following purposes:
1. All agricultural uses (except the conducting and maintenance
of ho9 farms). ·
2. All cemetery uses except ma~soleums and colwnbariums. No
atructures ahal~ be erected and no monuments installed except head
atone• level with the surface of the lawn. Roa~_way$ and parking areas
may bo installed to provide access to graves. A dirt berm not to axcceu five foet (5') in height may be installed around a portion of
the porimetcr And an open mesh cyclone type fence complying-with the
City requirements may be installP-d. _
3. Provided, however, that anything in this Grant to the contrary
notwithstandin<j no builciings, outbuildings, illumination facilities,
l>Olas, signs and structures of any type or kind.located above ground
except those expressly described in the preceeding Paragraph 2 shall
be placed on any portion of the Property during the period of the re-
strictions unless the Palo Alto City Council shall first have deter-
mined after public hearing that such improvements are a use compatible
with the Restrictions as Ncompatible useP is defined in California
Governmont Code 551201 (or in any similar statutes then in effect)._
RESERVATIONS
GrantQr in behalf of itself. its successors and assi9ns espe-
cia.!ly reserves the following rights and privj,~e9es with respect to
the Property:
•
1. The possession of, and.all uses, occupancy, ingress and egress
to, in and upon tho Property not inc?nsistent with the Restrlctions
including the riqht tO prohibit entry there~n by Lnauthorized persons.
2. The ri9ht to dev~lop water resources inqluding drilling of
wator wells and to lay, constrnct, repair and replace pipes and con-
d\•ita for the tr~nsportation of water for an irrigation system.
J. All agricultural uses (except the conducting and maintenance
-
of hog farms).
4 •. All cemetery uses except muusolcums and columbariume.
5. This Gr,int and the Restrictions shall continue in full force
for a period of ten (10) years commencing January 1, 1978, and shall
be auto1.~a.tically extended for one (1) additional year on January l of
each year conunancing with January 1, 1979, unless notice of nonrenewal
is qivcn in accordance with Government Code Sections 5109~ through
51094.
-SUCCESSORS AND ASSIGNS
This Grant shall bind the successors and assigns of Grant.or,
shall constitute a servitude upon the Property and reservations shall
inure to the benefit of t~e Grantor. its successors and assigns to the
extent hcreinabovc provided.
Executed this I J "ciay of December , 1977 •.
ALTA MESA IMPROVEMENT COMPANY . '
(--;} ~y,~ . ._...,..·_( __ ,~<----·~1~~,~---~·--~----~----/~......-~--Pres1dent
Accepted by Resolution of the
Pal.o Alto City Cou.nctl on
----------· 1978.
.u City Cierk
-l-___________________________________________ ..
. . . .
OPEH SPACE EASEMENT
PARCEL -11 611
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In THE HESTERLY PORTION OF ALTJ\ MESA MEMORIAL PARK
PALO .".LTO. CALIFORNIA
C<H·1EllCiflG at the point of intersection of the easterly 1 ine of Manuel la Avenue
as said Avenue is shO\-m upon that certain map entitled, 11MAP OF THE PROPERTY
OF THE ALTA MESA IMPROVEHEHT CDr•iPANY, SAHTA CLARA COUNTY, CALIFOPJHA", filed
August 4, 1961 in Fi le No. 2 of Cemetery Maps at Page 18, Santa Clara County
Records, California, with northeasterly line of a 20-foot roarl and utility
easement designated as Parcel 1 in and ~ranted by Alta Mesa Improvcr.ient -
Company,a Corporation,to Harry Wilson Isa~cs, et al, by that certain Agreement
dated f~ovc:mber 10, 1955 and recorcied March 28, 1956 ;n Sook 3450 of Official
r.ecords at Page 180, County of Santa Clara County Records,_said easement being
COlllW>n1y known as Miranda Road~
THENCE
THENCE
TltENCE
THENCE
THENCE
THENCE
THENCE
along said northeasterly line of Miranda Road S. 30°09'5011 E. 283.02 feet.;
-H. 59°50'10" E. 14.00 feet to the TRUE POINT OF BEGINNING;
N. 59°50'10" E. 249.70 feet to the point of intersection thereof with
the southerly prolongation of the westerly line of that certain map
entitled, "SUBDIVISION NO. 5, CENTRAL SECTION, ALTA MESA MEMORIAL
PARK, COUNTY OF SANTA CLARA, CALIFORNIA", filP.d February 4, 1976 in
Book 3 of Cemetery Maps at Page 73,-County of·-Santa Clara Records;
along the southerly _line and the westerly prolongation thereof of that
certain map entitled, "SUBDIVISION NO. 1, CENTRAL SECTION, ALTA MESA
MEMORIAL PARK, COUNTY OF SANTA CLARA, CALIFORNIA", filed February 4,
. 1976 1n Book 3 of Cemetery Maps· at Paqe 69, County of Santa Clara
Re~ords, S. 88°17 1 0011 E. 212.00 feet;
.s. 01°43'00" W. 450.00 feet;
S. 59°50'10" W. 192.05 feet to a point on a line whkh is parallel with
and northeasterly 14.00 feet measured at right angles from aforesaid
northeasterly line of Miranda Road;
along l~st described line N. 304 09 15011 W. 494.09 feet to the TRUE POINT
OF BEGINNING, containing 3.600 acres of land, more or less.
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OPE'N SPACE EASEMENT
"" rHE /'VZ. Y PtJli:? TIO# OF ~NDS OF i /.
" ( ., T,4 /.-l~~AIA-f'.~()VEMENr COM~Al./r
,; ~ALO ALro, &A i!../,.-t?teA//-'(
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fll'C\M·J~;f"".:'.)I (>r.o'.t11 • ..Jt.r
p,.~ i ·1riri-is-;..t_.f.JI • ·: fv" f'"•I; -
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JONES•TILLSON & ASSOCJATES ~
CI 'II I"" •N•IN••1t• ! 4lt11't •••O••ll &•I • ....... t ~ •• , •• ,,~ r;.ai ... ...... ., ............ ~ .
,J11~ r;r,,1!11:~· 1.1;;,;. 1.-..h .. rl. / ,,, I l ,'·." ~
. . .
_ CORPOJU\TION OPENSP/\C~ EJ\SEMEN'f GRANT DEED
PUltSUl\NT TO c,\[.U'ORNIA GOVEnNMEN'r COL>E SECTIONS 51070-51087
1\ND CALlFORNIA REVENUE AND TAXJ\'l'ION CODE SE~TION 4 21 (e) AND 422 (d)
This indenture made this/ .1 n'Hay of~.u~ ...... ;.~ 1977, between
Alta Mesa Improvement Company, a California corporation (Grantor),
•rnc\ _the City of Palo i\lto, a municipal corporation {Grantee).
RECITALS
1. Grantor is the owner in fee of certain real property situa-
ted in the City of Palo Alto, County of Santa Clara, State of Cali-
fornia, more p."lrticularly descri~ed in PARCEL "C" attached hereto
(the Property) ..
2. Granter and Grantee agree that the Property is characterized
by natural scenic beautyi-is essentially unimproved and is devoted to
an open sracc use for the public health and safety as an area re-
'-Juirc<l for the protection and enhcJ.ncement of air quality.
3. Grantor desires by this qrant to grant Grantee by qift a
right in the Property and by the terms of this grant to impose re-
strictions which, through limitation of f1~ture use of tha P.roperty,
will effectively preserve for public enjoyment the scenic character
of the Property, and Grantee desires to acquire such riqht as a gift~
GRANT
Now therefore as a gift without any consideration whatever given
or received, Grantor hereby imposes on the Property the restrictions
hereinafter set forth (the Restrictions), and grants to Grantee the
right in the event of any:violation of any of the restrictions at
Grantee's option and without limiting the exercise of ary other right
or r~y it may have on account of which violation •
A. to enter the portion of the Property upon or as to which
such violation exist~ and using such force for that purpose as
may be necessary, to the extent perrr.itted by law, summarily.abate
and remove a[~i improvement, thing or condition that my be or
exist thereon contrary to the provisions of this Grant and re-
s tore the portion of the Property to the uses called for by
this 9rantr all at the expense of the violator: and/or
B to prosecute a proceeding at law or in equity against
the violator (or person or persons attempting to violate the
Restrictions) to recover damages for any actual violation and
to enjoin and remedy any thrc~toned or actual violation,
-if within ninety {90) days after occll_rrenc9 of the •1iolation Grantee
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sh~ll have requested Grantor by notice to take action or initiate
proceedings to ~bate and remedy the violation and Grantor shall for
sixLv (60) day~ ~Ctcr guch notice h~vc fuilcd or refused to do so.
THE !~ESTRICTIONS
The Restrictions shall constitute a servitude-upon the Property
"ml upon '"ha use of the rropc~ty hy Gran tor. To that end and for the
vutpos-of accomplishinq the intent of the parties, Granter does co-
vcnac~ ·on behalf of itself, its succersors and assigns, with Grantee
to do and refrain from doing severally and collectively upon the
Property the various acts hereinafter mentioned for a period of ten
(10) yea~s from January 1, 1977, to use and permit the use of ~he
Pt.operty on~y for the following purposes:
1. All agricult::ural uses (except the conducting and maintenance
of h09 farms).
2. All cemetery uses except mausoleums and columbariums. No
structures shall be erected and no monuments installed except head
stones level with the surface of the lawn. Roadways and parking areas
aaay he installed to provide access to graves. A dirt berm not to
exceed five feet (5') in height may ba installed around a portion of
the perimeter and an open mesh cyclone type fence complying with the
City.requirements may be installed.
3. Provided, however, tha.t anything in this Grant to the contrary
notwithstanding no buildings, outbu.ildings, illwnination facilities,
poles, signs and structures of any. type or kind located above ground
except thO$C expressly described in the preceeding Paragraph 2 shall
be placed on any portion of the Property during the ·period of the re-
strictions unless the Palo Alto City Council shall first have deter-
mineu after public hearing that s~ch improvements are a use compatible
with the Restrictions as wcompatible use• is defined in ~alifornia
Government Code §51201 (or in any similar statutes then in effect).
RESERVATIONS
Grantor in behalf of itself, its successors and assigns espe-
cially reserves the following rights and privileges with resp~ct to
the Property: I· . . ·.. .
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1. The possession of, and all uses, occupan~y, ingress and egress
to, in and upon the Property not inconsistent with the Restrictions
including the right to prohibit entry thereon by unauthorizea persons.
2. The right to develop water resources including drilling of
water wells and to lay, construct, repair and replace pipes and con-
duits ~or the tr«nsportation of water for an irrigation system.
3. All agricultural uses (except the conducting and maintenance
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of hog farms).
4. Al~ cemetery uses except mausoleums and columbariums.
S. This Grant and the Restrictions shall continue in full force
for a period of ten (10) years commencing January 1, 1979, and shall
be ~utomatically extended for one (1) additional year on January l of
·e~ch ye.:ir col'!unencing with Januilry 1, 1979, unless notice of nonrenewal
is given in_ accordance with Govcrn~ent Code Sections 51090 through
51094.
SUCCESSORS AND AS~IGNS
This·Grant shall bind the successors and assigns of Granter,
shall constitute a servitude-upon the Property and reservations shall
inure to the benefit of the Grantor, its successors and assign~ to the
extent hcreinabove provided.
Executed th·i.s I J ~ay of D~cember , 1977.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA ) ss
ALTA MESA IMPROVEMEMT COMPANY
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-----~~~~~ ........ "----_.;..;=---~~P-r_e_s~i~d~e-nt
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On the ~da1 of December, 1977, before me, ANDREW M. SPEARS,
Notary Public, personally appeared A. J\. PRIOR, known to me to be
the President of the Corporation, ALTA MESA IttPROVEMENT COMPANY,
that he executed the within instrument and acknowledged to me that
such Corporation e~e_c:~ted the within instrument pursuant to a
Resolution of its Doard of Directors.
IN WITNESS WHEREOF, I ha~e hereunto set my hand and affixed my •
Official Seal the day and year first above writte.n.
An0-;;~-;;,~blic
State of California '
My Commission Expires: July 1, 1979
Acc~pt~d by Resolution of the
Palo Alto City Counci.l on _ .
------~----~------· 1978.
Cfty Clerk
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OPEN SPACE EASE?-IEtff
PARCEL "C 11
IN THE SOUTHWESTERLY PORTION OF ALTA MESA MEMORIAL PARK
PALO ALTO, CALIFORNIA
COl-V~EHCIH~ at the pofnt of intersection of the easterly 11ne of Manuella Avenue
M said Avenue is shewn upon that certain map entitled "MAP OF THE PROPERTY
1Jf THE ALTA MESA Ii-iPROVEMEtH COl:PANY, SANTA Cl_ARA COUNTY, CP.LIFORUIA 11
, filed
August 4, 1961 in File flo. 2 of Cemetery tf<3ps at Page 18, S~nta Clara County
Records, california, with northeasterly line of a 20-foot road and utility
easement designated.as Parcel 1 in and gra~ted by Alta Mesa Improve~ent
. Com:;iany, a Corporation, to Harry Wilson Isaacs, et a 1, by that certain Agreement
dated Hovember 10, 1S55 and recorded :-larch 28, 1956 in Book 3450 of Official
Records at Page 180, County of Santa Clara County Records, said easement being
conr..on ly known as Miranda Road;
THENCE along said northeasterly line of Miranda Road S. 30°09'5011 E.
777. 11 feet;
THENCE N. 59°50 1 1011 E. 14.00 feet to the TRUE POINT OF BF.GINNING;
THENCE N. 59"'50 1 1011 E. 192.05 feet to a point which is distant-S. 01°43 11011 W.
450,00 feet fr~~ the southerly line of that certain map entitled,
•susoIVISIIJN HO. h CElilAAL SECTION, ALTA MESA MEMORIAL PARK it COU!HY
Or SANTA CLAAA, CALIFORfHA11 , filed February 4, 1976 in Book 3 of Cemetery
Maps at Page 69, County of Santa Clara Records;
iHENC~ S. 88°17'00" E. 240.00 feet to the easterly boundary line of aforesaid
11ap of the property of A 1 ta Mesa Improveirient Company;
THENCF._ along said boundary 1 ine S. 01°43'00!' W. 100.27 feet;
THENCE S. 88°17'00" E. 150.00 feet;
THENCE S. 01°43'0011 W. 300.00 feet to the most southerly line of that certain
map entitled, 11MAP OF THE PROPERTY Of ALTA MESA IMPROVEMENT COMPANY,
-· SAtlTA CLARA COUNTY, CALI iORN IA:• s f i1 ed August 27, 1952 in File No. l •
. of Cemetery Maps at Page 55, County of Santa Clara Records, said
southerly line being c0Jt1T10n with the northerly line of that certain
PARCEL HAP filed r~y 21, 1969 in Book 253 of Maps at Page 44, County
of ~nta Clara Records; ·
THENCE along last said line N. 88°17'00J' W. 170.00 feet to the northwesterly
corner of said-Parcel tia'p; .
THENCE along the westerly line cf said Parcel_ Nap and the most southeasterly
line of ·the Hap of ~he Property of the Alta ~sa Improvement Company
. filed in Fila No. 2 of Cemetery Maps at Page 18 hereinabove refer~ed
to s. 01°43'00" W. 322.75 feet to a point on a line which is parallel
with and northerly 14.CO feet .. easured at right angles from the northerly
line of the land described in the Deed dated January 3~~ 1905 from Fred
Auser and Errvna Auser to the San Jose~Los Gatos Inter-Urban Railway
Company, recorded February 10, 1905 in Book 289 of Deeds, Page 263,
County of Santa Clara Records i --
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THENCE
THENCE
e. e·
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along last said lfoe which is parallel with the northerly line of
the li!nd described in the last said Deed N. 88°17'00" H. 18.83 feet
to a point on a line whkh is parallel with and northeasterly
14.00 feet measured at right angles from the northeasterly line
\lf Miranda Road hcreinabove referred to;
along last said line which is parallel with the northeasterly
line of said Hiranda Road the following cour!>es and di stances;
N. 27°17 1 50~ W. 235.37 feet~ ·
Northwesterly ii.long a tangent curve concave southwesterly having
a radius of 5,803.60 feet through a central angle of 02°52'0011
for an arc distance of 290.37 feet,
.\nd, N. 30°09'50" W. 194.85 feet to the TRUE POINT OF BEGINNING
containing 4.717 acres of laPd. more or less •
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