HomeMy WebLinkAboutRESO 5522.. • ORIGINAL
RESOLUTION NO. 5522
RESOLtn'ION OF THE COUNCIL OF '?RE CITY OF PALO ALTO
AMENDING RESOLUTION NO. 5223 TO REDUCE GOLF COURSE
·GREEN FEES
The Council of the City. of Palo Alto does RESOI-VE as -
follows:
SECI'ION l. Effective April 1, 1978, Section 2 of Reso-
lution No. 5223, adopted June 28, 1976, hereby is amended
to reduce the golf course green fees and' therefore supersedes
ainendments of Resolution No. 5244 adopted August 9, 1976,
so that section shall read as follows: ·
"Section 2. Commencing April 1, 1978, golf course
green fees are established at the rates set forth below:
Resident Resident
Resident Non-resident Junior Senior
Weekda:i: $2.00 $2 .. 50 $2.00 $2.00
Weekda:i: Twili9:ht 1.50 2.00 1.50 1.50
Weekends & Roli-
da~s 3.00 4.00 3.00 3.00
Weekends & Holi-
aa~s-iiwiiignt 2.00 3.00 2.00 2.0.0
~thlx card 12.00 15.00 •J. 00 12.00
SECTION 2. Except as amended herein, Resolution No.
5223 shall remain in full force and eff ec~ as passed on
June 28, 1976.
SECTION 3. The Council hereby finds that the enactment
of this resolution is not a "project~ within the neaning
of that term as defined in Section ll.04.130 of the Palo
Alto Municipal Code and, therefore, no environ.-nental assessment
is necessary.
INTRODUCED AND PASSED: March 1.3, 1978
AYES: Brenner, Cs.rey, Clay, Eyerly, Fletcher, Fazzino, Sher, Witherspoon
ABSENT: Henderson
ABSTAINJ::D: None
APPJ¥:>VED AS TO PORMi •
• . .. •
APP.ROVED:
.-L-.-~ c.~Zt;P'
Director ot Recreation
APPROVED:
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COIU'ORJ\'l'ION OPENS[>f\CE EASEMENT GRANT DEEr
rUl<SUANT TO C~LIFORNIA GOVERNMENT CODE SECTIONS 51070-51087
AND CALlFORNIA.REVENUE AND TAXATION CODE SECTION 42l~e) ANO 422(d)
This indenture made this/J ~d.1y of/),i~~ ...... ~1977, betwef:>n
Alta Mesa Improvement. Company, a California corporation (Granter),
and the City of PalJ Alto, a municipal corpor~tion (Grantee).
RECITALS
1. Grantor is the owner in fee of certain real property situa-
ted in tha City of Palo Alto, County of Santa Clara, State of Cali-
fornia, mcire particularly described in PARCEL "A• attached hereto
(the Property) .
2. Grantor 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 public 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
right in the Pr.operty and by the terms of this grant to impose re-
strictions which, through limitation of ·future u~e of the Property,
will cf fectively 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
hcrcinilftcr set forth (the Restrictions), and <Jrants to Grantee the
right in the event of any.violation of any of the restrictions at
Grantee's op.:ion and without limiting the exercise of any other right
or remedy it may have on account of which violation
t... 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 law, summarily abate
and remove any improvement, thing or condit_~.Jil that my be or
e~ist thereon contrary to the provisions of this Grant and re-
store the portion of the Property to the usos called for by
this grant, all at the expense of the violator, andior
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 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
proceedin9s to abate and remedy the violation and Grantor shall for
sixty (60) days after such notice have failed or refused to do so.
THE 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 ?arties, 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 1, 1977, to use and permit the use of the
Property ~nly for the following purposes:
1. Air agricultural uses (except the conducting and maintenance
of hog farms).
2. All cemetery uses except mausoleums and colu.1bariums. No
structures shall be erected and no monuments installed 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
exceeq five feet (5') in height may be installed around a portion of
the ~rimeter and an open mesh cyclone type fen~e complying with the
City requirements may be installed.
3. Provided, however, that anything in this Grant to the contrary
notwithstanding no buildings~ outbuildings, illumination facilities,
poles, signs and structures of any type or kind located above groui,d
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 co~ncil 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 icself, its successors and assigns espe-
cially reserves the following rights and privileges with r~spect to
the Propertj:
•
1. The possession of, and all uses, occupancy, ingress and egress
to, in and upon the :·roperty not inconsistent with the Restrictions
including the ri9ht to prohibit entry thereon by unauthorized persons.
2. ~he right to develop water resources includin9 drilling of
water wells and to lay, construct, repair and replace pipes and con-
duits ior the transi)ortation of water for an irrigation system.
3. All agricultural uses (except the conducting and ~a~'ten~nce
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---------....
() r hog c .:1 rm$ ) •
4. All cemetery uses except mausoleums and columbariums.
5. This Grilnt and the Restrictions shall continue in full force
for a period of ten (10) ·years commencing January 1, 1978, and shall
be automatic~lly extended for one (1) a<lditional year on January 1 of
each year commencing with January 1, 1979, unless notice of nonr~newal
is given in accordanc~ with Goverr.ment Code Sections 51090 through
51094.
SUCCESSORS 1\ND ASSIGNS
This.Grant shall bind the successors and assigns of Granter,
shall constitute a servitude upon the P~operty and reservations shall
inure to the benefit of the Grantor, its successors and assigns to the
extent hcreinabovc provided.
tt. Executed this / .:J day of December , 1977.
STATE OF CALIFOR...~IA )
COUNTY OF SANTA CLARA ) SS
ALTA MESA IMPROVEMENT ,COMPANY
/ ( I)
By ... _.._..;;l_'--... _. -· ____ (_·_..,.,. ·._/,_,_ .. _, __ -· -· -_i ~----<-;;; • ....--..,...P_r_~_s....,1.-d~en t
On the LJ~~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, ALTA MESA IttPROVEMENT COMPA.~Y,
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.
'2-····"-'-ffl~,__~ And~M. Spears, ?litary ~ublic
State of California
My Commission Expires; July 1, 1979
Accepted by Resolution of the
Palo Alto City Council on
--~~----~~~~~
f 1978.
City Clerk
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OPEN SPACE EASEMENT
PARCEL nA11
IN THE. NORTHWESTERLY PORTION OF ALTA MEAS MEMORIAL PARK
PALO ALTO, CLAIFORNIA
COMHENCINt; at the point of intersection of the easterly 1 ine of Manuel la A·1enue as
sai.d Avenue is sho~m upon that certain map entitled 11MAP OF THE PROPERTY OF THE ALTA
MESA IMPROVEMENT COMPANY, SANTA CLARA COUNTY, CALI FORNIA11 , fHed August 4, 1961 in
File No. 2 of Cemetery Maps at Page 18, Santa Clara County Records, California, with
northeasterly line of a 20-foot road and utility easement designated as Parcel 1 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
1n Book 3450 of Official Records at Pag~ 180, County of Sant.a Clara County Records,
safd easement b~ing cormlOnly known.as Miranda Road;
THENCE
THENCE
THENCE
THENCE
Ttf£NCE
THENCE
THENCE
THEfiCE
THENCE
along said easterly line of Manuella Avenue N. 01°43'00" E. 174.97 feet
to the TRUE POINT OF BEGINNING;
along said easterly line of Manuella Avenue N. 01°43 10011 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 Condemnati~n entered
in the Superior Court of the State of California in and for the Co~nty
of Santa Clara, a certified copy of which.was filed March 8, 1963 in Book
5935 of Official Records at Pa9e 129, County of Santa Clara Records;
along said southerly line of Arastradero Road N. 63°50 1Sou E. 232.11 feet;
S. 26°09'10" E~ 359.83 feet to the point of intersection thereof with
·.the westerly prolon~~tion of the northerly line of that certain map
entitled. "SUBDIVISION NO. 5, CENTRAL SECTION, ALTA MESA MEMORIAL PARK,
COUNTY OF SANTA CLARA, CALIFORNIA",:fi1ea February 4, lS76 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 10011 w. 276.00 feet to the point of intersection thereof with a westerly extension of the southerly line of •
that certain map entitled. "SUBDIVISION NO. 1, CENTRAL SECTION, ALTA MESA
M~ORIAL PARK, COUNTY OF SANTA CLARA, CALIFORNIA". filed February 4. 1976
in Book 3 of Cemetery Haps at Page 69, County of Santa Clara Records;
S. 59°50 1 1011 W. 249.70 feet to a point on a 'tine which is parallel with
and northeasterly 14.00 feet measured at right angles from aforesaid
northeasterly lir.e of Miranda Road;
along last described line N. 30°09'5011 .H. 253.46 feet;
northwesterly along a tangent curv& concave northeasterly having a radics
of 60 feet thru a central angle of 14Q50'07° foi:_JJL~rc; dist(l.nce 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°40'1711 W;
northerly along a curve concave easte~ly having a radius of 480 feet thru
a central angle of 17°02 143 11 for an arc distance of 142.80 feet to the
~l_IE POINT OF BEGINNING, containing 4.536 acres of land, more or less.
. .
. . .
S. 'Z6'tJ9'/0"'£.
85~8~'
,e,-1eo· ~·/9'2.ao·
d Z/7•02·-1~"'
~--=N'k&tJ' L.,/~54
4.z/./#60-07"'
S. Ol04~~QHN.
'Z76.QO'
ZQ' Read end Uf///fte~ &serne;,I 9ranled lo H.W. /scer~s.J et e1l
.69 Aareen7enf .7450 P.R. 14tJ (/I· t8-!i6.J l<nt:1wn 4S MIRANOA ~h . .
.
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COIU'ORATION OPENSPACF. EASEMENT GRANT DEED
PURSUANT TO CJ\Llt'OHNIA GOV!-;RNMENT CODE SECTIONS 51070-51087
AND ChLIFORNlh REVENUE ANO TAXJ\TION CODE SECTION 42l(e) AND 422(d)
This inc:lonture mado this/ 3 #?Jay of ,/)~~977, between
Alta Mes~ Improvement Company, a California corpora~~on (Grantor),
"nd the City of Palo t\lto, a municipal corporation (Grantee).
RECITALS
1. Grantor is tho owner in fee of certain real property situa-
tecl in the City of P~lo-Al to, County of Santa .r.:lara, State of Cali-
fornia, more pQrticularly described in PARCEL •s• attached herato
(th'°' P1·opcrty).
· 2. Granter and Grantee agree that the Property is characterized
by n.:itural scenic beauty, is essentially 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 grant to grant Grantee by gift a
right in the Property and by the terms of this grant to im~£e re-
strictions· which, throuc;rh limita'.cion of future use of the Property,
will effectively preserve for public enjoyment the scenic character
of the Property i and Grantee desires to acquire S\K.h right as a gift.
GRANT
Now therefore as a Cjift without any consideratfon 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
Grantoe's option and without limiting the exercise of any other right •
or remedy it may have on account of ~hich violation
':iA. to enter .t.he portion of the Pror>e::::ty upon or as to which
such~violation oxl.sts .:lnd using such force for that purpose as
may be necessary, to the extent permitted by law, swnmarily abate
and remove any improvement, thjn9 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 grant, all at the expense of the violator; and/or
n. to prosecute a proceeding at law or in equity ~qainst
the violator (or person or persons attempting to violate the
Restrictions) to recover damages for any actual violation and
to enjoin and remedy any threaten~d or actual violation,
if within ninety (90) days after occurrence of the violation Grantee
11h.:all have roc.iucstcd Cra.ntor by nuticc to ta.kc action or initiate·
prococ<lings to 4b4to and remedy the violation and Grantor shall for
oixty (GO) dayo ~f tcr auch notice h~vc C~ilcd or refused to do so.
TUE RESTR?CTIONS
The Restrictions shall constitute a servitude upon the Property
and ;.apon the use of the Propert~,. b~· Gran tor. To that er.d and for the
purpos~ ot accomplishing tho intent of the parties, Grantor does co-
v~nant on bch~lf of itself, its successors and assigns, with Grantee
to do and refrilin from doin.q se\•era.ll}' and collectively upon the
Property the various acts hereinafter mentioned for a period of ten
(10) yoar• 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 a.~d maintenance
of ho9 farms). ·
2. All cometary uses except mausoleums and columbariums. No
atructurea shall be erected and no monuments installed except he~d
atone• level with the surface of the lawn. Roadways and parking areas
may bo installed to provide access to 9raves* A dirt b~rm not to
oxcaed five feet (5') in height may be installed around a portion of
tho perimeter ~nd 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
notwithstanding no buildings, outbuildings, illumination facilities,
l>Oloa, signs and structures of any type or kind.located above ground
except thoae 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-
ained aftQr public hearing that such improvements are a. use compatible
with the Restrictions as •compatible use• is defined in California
Government Code 551201 (or in any similar statutes then in effect) •.
RESERVATIONS
Grantor in behalf of itself, its successors and assiqns espe-
cially reserves the following rights and privi~eqes with respect to
the Property:
•
1. Tho 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 en~ry therevn by ~nauthorized persons.
2. The ri9ht to develop water resources i~qludinq drillinq of
wator wells and to lay, construct, repair and replace pipes and con-
dvita for the tr~nsportation of water for an irrigation system.
3. All agricultural uses (except the conducting and maintenance
.. -
. ... ~.
of hog farms).
4. . All cemetery uses except m"l1\solcums and columbariums.
5. This Grt111t and the Restrictions shall continue in full force
for a period of ten (10) years commencing January 1, 1978, and shall
be automatically extended for one (1) additional y~ar on January l of
each yeilr commencin9 with January 1, 1979, unless notice of nonrenewal
is 9i vcn in accordance with Government Code Secti:ons s109·0 through
51094.
-SUCCESSORS AND ASSICNS
This Grant shall bind the successors and assigns of Grantor,
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 / J "ciay of December , 1977 •.
STATE OF CALIFORNIA ) .
COUNTY OF SANTA CLARA). 88
ALTA MESA IMPROVEMENT COMPANY"
B_y '· .. ,· ( I C . ../
President
/ 1 ti.. -On the . · day of December, 1977, before me, ANDREW M. SPeARS,
Notary Public;-personally appaarcd A. A. PRIOR, known ~o :ne to· be
the President of the Corporation, ALTA MESA IMPROVEMENT COMPANY,
that he executed the within instrument and acknowledged to me that
such Corporation 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
Official seal the day and year first above written~.
,q~·~---. . Q;~L~~ tf .~. Andrew M. Spears, Not ry Public
· l·-~lll· "1/v~11c."r~ State of California off~~ ~ ~~w "'< _t!~ · My Commission Expires: July l, 1979 ~ '4.~-~~ ~~ COi._i,y~ t' ,,,.r Accepted by Resolution of the
Palo Alto City Council on
1978.
City Clerk
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. . . .
OPEN SPACE EASEMENT
PARCEL 11 6"
m THE WESTERLY POR~!ON OF ALTA MESA MEMORIAL PARK
PALO ALTO. CALIFORNIA
CCM·1EllCIUG at the point of intersection of the ·easterly .1 ine of Manuel la Avenue
as said Avenue is shown upon that certain map entitled, "MAP OF THE PROPERTY
OF THE ALTA MESA IMPROVEf.lEHT COit.PANY, SANTA CLARA COUNTY, CALIFORNIA", filed
August 4, 1961 in Ffle No. 2 of Cemetery Maps at Page 18, Santa Clara County
Records, California, with northeasterly 1 ine of a 20-fcot road and uti 1 ity
easement designated as Parcel 1 in and sranted by Alta Mesa lmprov."'r.ient
Company,a Corporation,to Harry ~ilson Isaacs, et al, by that certa1'n Agreement
dated Uovember 10, 1955 and recorcied March 28, 1956 in Book 3450 of Official
r.ecords at Page 180, County of Santa Clara County Records, _said easement being
ecmn,,:11.Y known as Miranda Road;
THEMCE
THENCE
THENCE
along sa1d northeasterly line of Miranda Road S. 30°09'50" E. 283.02 feet.;
H. 59°50'10u E. 14.00 feet to the TRUE POINT OF BEGINNING;
THENCE
THENCE
THENCE
THENCE
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, C~NTP.AL SECTION, ALTA MESA MEMORIAL
PARK. COUNTY Of SANTA CLARA, CALIFORNIA11 , file~ February 4, 1976 in
Book 3 of Cemetery Haps at Page 73, County of ·.santa Clara Records;
along the southerly 1 ine and the \t:esterly prolor.gation thereof of that
certain map entitled, "SUBDIVISION NO. 1. CENTRAL SECTION, ALTA MESA
PlEMORIAL PARK, COUNTY OF SANTA CLARAt CALIFORNIA 0 , filed February 4,
.1976 in Book 3 of Cemetery Maps· at Pa~e 69, County of Santa Clara
Re~ords, S. 88°17 100 11 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 which is parallel with
and northeasterly 14.00 feet measured at right angles from aforesaid
northeasterly line of Hiranda Road~
along last described line M. 30409~son W. 494.09 feet to the TRUE POINT
OF BEGINNINS, containing 3.600 acres of land, more or less.
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OPEN SPACE eASEMENr .\!'l'!:C\'ttl.
1'. r..r.. !f1'. /N r/IE J'V'/.. Y PO«! T/ON OF I.AND$ OF n "-::' ".1 ·i-.:r~.j _ .. .,TA M:~A .~-f:C-,e'()f/EMcNr ~OMPAl./'f i\• ~ i ·1r11;1J ")\,l.~} ''ALO 4t..ro, eA.t.l~t?l'elV/#11 .-.tl·~·1:.:,1,1
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o' ,,..,,,~Alt-~ Mna kpn,,.,-,,,.,,.nr ,
C111mpa'7!!_; nl'e 6 c,,,.,, .Mops~ 65 ;
ond N ~ hnt' ~T' .PAR"CF4' #A 1J ~
Z6~ M#ps,, 44. -
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" JONES •TIL!..SON & ASSOCIATES ~ -C •,,,I'-•N•tN••"'• ! . .,. ......... -''-r ....... , ................... 4 ... , .... ,,~. r. ..... ••>•• • '.! .. "''/1"t.'~ _,_. , ......... ,.... !
t••t·~ l~;~-111 ,1,.,~ 11•1.'l//[.u c' .-.·6 1.-,h .. et. , ,,, .I '" .,
·.
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CORPOHJ\TION OPENSPJ\CE El\SI::MEN'r GRANT DEED
PUltSUANT TO C1\l,IFORNIA GOVEHNMEN'r COUE SECTIONS 51070-51087
1\ND CALIFORNIA REVENUE AND Tl\XJ\'l'ION CODE SEt'TION 421 (e) AND 422 (d)
This indenture made this / .J n'tlay of~ .. u.J••···/";'-1977, between
Alta Mesa Improvement Company, a California corporation (Granter),
~nd _tho City of Palo Alto, a municipal corporation (Gr. 1tee).
RECITALS
1. Grantor i~ 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 particularly descri!:>ed in PARCEL "C" attached hereto
(the Property).
2. Grantor and Grantee agree that the Property is characterized
by natural scenic beauty, is essentially unimproved and is devoted to
an open Sfacc use for the public health and safety as an area re-
lJuircJ ror ·the protection and enhancement of air quality.
J. Grantor desires by this grant 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 f'~turc use of the P.roperty,
'Will effectively preserve for public enjoyment the scenic chai:'acter
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 Grantee 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 r~dy 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 perffiitted 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 9rant, all at the expense of the violator; and/or
a. 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 anJ
to enjoin and remedy any threatened or actual violation,
·if within ninety (9~) days after occ~rrencc of the violation Grantee
• -
shall have requested Grantor by notice to take action or initiate
proceedings to c:ibatc and remedy the violation and Gr~ntor shall for
aixly (60) days ~ftcr such notice have failed or refused to do so.
THE HESTRIC'l'IONS
The Restrictions shall constitute a servitude:upon the Property
~nd upon the use of the rropczty hy Grantor. To that end and for the
~u~posc of accomplishinq the intent of the parties, Grantor 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 hereinnfter mentioned for a period of ten
(10) yea~s from January 1, 1977, to use and permit the use of the
Pioperty.'only for the following purposes:
1. All agricul~ural uses (except the conducting and maintenance
of h09 farms).
2. All cemetery uses except mausoleums and colwnbariums. No
structures shall be erected and no monuments installed 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 (5') in height may be 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, outbuildiri9s, illumination facilities,
poles, signs and structures of any type or kind located above ground
except those expressly descrjbed 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-
mineJ after public hearing that s~ch improvements are a use compatible
with the Restrictions as "compatible use• is defined in ~alifornia
Government Code §51201 (or in any similar statutes then in effect).
RESERVATIONS
Gryntor in behalf of itself, its successors and assigns espe-
cially reserv\!s the following rights and privileges with respect to
the Property:
~ -. ~ .
•
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 pro~ibit entry thereon by unauthorize~ persons.
2. The right to develop water resources including drilling of
water wells and to layr construct, repair and replace pipes and con-
duits for the tr"nsportation of water for an irrigation system.
3. All agricultural uses (except the conducting and mainteuance
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of hog farms}.
4. All 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, 1978, and shall
be automatically extended for one (1) additional year on January 1 of
·e~ch ye~r con~encing with January 1, 1979, unlL~S notice of nonrenewal
ls given in-accordance with Government Code Sections 51090 through
51094.
SUCCESSORS AND ASSIGNS
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 assigns to the
extent hcreinabove provided.
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Executed this (J da~· of D~cembcr , 1977.
STATE OP CALIFORNIA )
COUNTY OF SANTA CLARA ) ss
ALTA MESA IMPROVEMEHT COMPANY
On the LJ..!.!-aay of Decelnbe.r, 19 7 7 , before me, ANDREW M. SPEARS,
Not"ry Public, personally appeared A~ /\. PRIOR, known to me to be
the President of the Corporation, ALTA MESA IMPROVEMENT COMPANY,
that he executed the within instrument and acknowledged to rne that
such Corporation e:xe~~tc~ the within instrument pursuant to a
Resolution of its Board 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. ~-·. Q~~l~~~
Andrew M. Spcars:;wotarYPliblic
S~ate of California '
My Commission Expires: July 1, iq79
Acc~pt~d by Resolution of the
Palo Alto City Council on .
~~----~------~---· 1978.
City Clerk
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OPEN SPACE EASEMENT
PARCEL "C11
·-IN THE SOUTHWESTERLY PORT ION OF AL TA MESA MEMORIAL PARK
PALO AL TO, CALIFORNIA
COMMEHCIH:l at the point of intersection of the easterly line of Manuell a Avenue
as said Avenue is shown upon that certain map entitled "MAP OF THE PROPERTY
OF THE AL TA MESA IMPROVEMEfIT co::PANY' SANTA CLAR.~ COUNTY I CALIFORI'HA"' filed
August 41 1961 in File tlo. 2 of Cemetery t1aps at Page 18, Santa Clara County
Records, Ca 1 i forni a, with northeasterly 1 i ne of a 20-foot road and utility
easement designated-as Parcel 1 in and granted by Alta Mesa Improvement
Company, a Corporation, to Harry WHson Isaacs, et al 1 by that certain Agreement
·dated November 10 1 1S55 and recorded :tarch 28, 1956 in Book 3450 of Official
Records at Page 180, County of Santa Clara Count) Records, said easement being
comnonly known as Miranda Road;
THENCE
THENCE
THENCE
THENC~
THEN CF
THENCE
THENCE
THENCE
TIIENCE
along said northeasterly line of Miranda Road S. 30°09 15011 E.
777.11 feet;
N. 59°50 1 1011 E. 14.00 feet to the TRUE POINT OF BF.GINNING;
N. 59°50'10" E. 192.05 feet to a point which is distant-S. 01°43'10" W.
450.00 feet fr~~ t~e southerly line of that certain map entitled,
•soooIVISION HO. h CEHTAAL SECTION, .ALTA MESA ~EMORIAL PARK, COU!iTY
Or SANTA CLARA, CALIFORNIA 11 , filed February 4, 1976 in Book 3 of Cemetery
Maps at Page 69, County of Santa Clara Records;
S. 88°17'00" E. 240.00 feet to the easterly boundary line of aforesaid
eaap of the property of Al ta Mesa Improver..ent Company;
along said boundary 1 ine S. 01°43'00!' W. 100.27 feet;
S. 88°17'00" E. 150.00 feet;
S. 01°43'00" W. 300.00 feet to the most southerly line of that certain
map entitled, "MAP OF THE PROPERTY OF ALTA MESA IHPROV~~ENT COMPANY,
·· SAl'ITA CLARA COUNTY, CALIFORNIA 11 ~ f i 1 ed August 27, 1952 in File No. 1 •
. of Cemetery Maps at Page 55, County of Santa Clara Records, said
southerly line being conrnon with the northerly line of that certain
PARCEL MAP filed May 21, 1969 in Book 253 of Maps at Page 44, County
of Santa Clara Records; ·
along last said line N. 88°17 1 0011 W. 170.00 feet to the northwesterly
corner of said ~arcel Nctp; . along the wester~y line cf said Parcel_ Map and the most southeasterly
line of ·the Map of ~he Property of the Alta ~sa Improvement Com9any
. filed in File Na. 2 of Cemetery Maps at Page 1!3 hereinabove referred .
to S. 01°43 10011 W. 322.75 feet to a point on a line which is parallel
w1th and northerly 14.00 feet measured at right angles from the northerly
.line of the land described in the Deed dated January 30, 1905 from Fred
Auser and EllYlla Auser to the San Jose~Los Gatos Inter-Urban Railway
Company, recorded February lOt 1905 in Book 289 of Deeds, Page 263,
County of Santa Clara Records;
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THENCE
THENCE
e.
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e·
along last said lfoe which is parallel with the northerly line of
the land described in the last said Deed H. 88°17 1 00" H. 18.83 feet
to a point on a 1ine whkh is parallel with anJ northeasterly
14-00 feet measured. at right angles frol'l the northeasterly 1 ine
of Hiranda Road hereinabove referred to;
along last said line which is parallel with the northeasterly
line of said tiiranda Road the f o 11 owing cour~es and distances;
N. 27°17'50H W. 235.37 feet~ ·
North~testerly along a tangent curve concave southwesterly having
a radius of 5,803.60 feet through a central angle of 02°52 100 11
f~r an arc distance of 290.37 feet,
And, ff. 30°09 150" W. 194.85 feet t.o the TRUE POINT OF BEGINNING
containing 4.717 acres of laPd, more or less •
. '
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2"" ROo::/ and Uh:·~rt~s £q.sen?enf 9rcn~~ 14 H.M /$ca~sJ e~ a~
'19 Ae!reen7en~ ~460 P.R. /80 ( 5-Z8-56_)_, l<nf'Jwn e:;s MIA? A NOA
RdAh .
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JONES· TrlLSON & ASSOCIATES :