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Home My WebLink AboutRESO 5657......... ,.. ... ·. .,. . .... < 6A:95~0 WHEN DOCUMENT HAS BEEN RECORDED RETURN TO: CITY CLERK CIVIC CENTER •250 HAMILTON AVENUE PALO ALTO, CA 94301 a,4, o..-"' ~ .. ~.; ... C...c.Z:" ,. , .e 3 9 ~P~ RESOLUTION NO. 5657 ORIGINAL E 388ftG£ 191 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL rRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING THE EXECUTION OF A LAND CONSERVATION CONTRACT (HARRY E. AINE) OFF UPPER PAGE MILL ROAD WHEREAS, HARRY E. AINE is the owner of a certain parcel of land in the City of Palo Alto, Santa Clara County, California: has applied to have such land designated an agricultural preserve under the provisions of the Land Conservation Act of 1965; and has submitted a contract exe- cuted by him, as owner, acceptable to the City Council; and WHEREAS, the City Council has received and reviewed the report of the Director of Planning and Community Environment concerning the re- quest 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 approximately ten 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 Comprehensive Plan of the City of Palo Alto for the following reasons: 1. Historically, agricultural and rural-operations 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 t'he appearance_and substance of an agricultural or rural environment would be maintained on parcels of less than 100 acres; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. A Land Conservation Contract, .a copy of which is attached he~eto, is.incorporated by reference herein, as though fully set forth. 'Said contract hereby is approved, and.the Mayor is autho- rized and directed to execute said contract on behalf of the City. SECTION 2. The area described in said contract and as shown on the map. attached to said·. contract hereby is designated and established as an agricultural preserve under the provisions of the Califorriia· Land Conservation Act of 1965 ("Willia.mSon Act"), adopted by the City Council. SECTION 3. The City. Clerk is directed to ·perform·. any act neces- sary for the attestation of said contract1 the f ilinq of a copy of this resolution and of said contract in the Off ice of the county Recorder of the County of Santa Clara, and such other filings and acts. as are re- quired by law • . SECTION 4. The Council.finds that this-project is categorically exempt f:rom environmental ansesament under Cla$s 17, CEQ.A. iNTRODUCED AND PASSED: February 20, 1979 .AYES: Brenner, Carey, Clay~ Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NO FEE FO~ RECORDATION PER GOVT. CODE SECTION 6103 ': ,,. I ""' " • • • . . NOES: None ABSTENTIONS: NGne ABSENT: .. tM°h'l"''''\, . '-· · · .. ·c,.,. '·:;:-. t.. •1 ~ ........ ". • I '4 ATTEST• ' .··~c.01: i>fJ·~ ••. ~ ,. • -•• ·. I) ••• {, 'i . ... . . ' ~,. .. ~ ~ •• ... . ' I'. ' . •;. ·"" , . )".; ~· ~ ~-~ PROPERTY DESCRIPTION APPROVED: [JJ,_J l; ~ Department Pub ;;= Engineering ' APPROVED: Mayor x:: .. ~-__ >HJ s~;..__-~lanning ana Community Environment -2 -~- . - # .3'?ttl'~ UNIFORM LAND CONSERVATION CONTRACT This is an qreement ~tween the CITY OF PALO ALTO. a municipaJ corporation of the State of California. hereinafter called "City In and _HARR __ Y_E_. _A_I_NE _________ _ hereinafter called "Ow~r." WHEREAS. Owner P..OSsesse9 certain real property located within the City of Palo Alto, County of Santa Clara. ·State of California, which is presentl_y d.:votcd to agricultural use and is described in Exhibit B attadlcd b~to and made a part hereC1f; and WHE~. the property is located in an 8gricultural preserve heretofore established by City; WHEREAS, both Owner and City desire to limit the use of the property to agricultural and compati1>le uses; and WHEREAS,-the parties have ddennined that the highest and best use for the property during the urm of this contract, or any renewal thereof, shall be for agricultural and compatible uses. NOW, THEREFORE, City and Owner agree as follows: 1. CONTRACT SUBJECT TO CAUFORNIA LAND CONSERVATION ACT OF 196S. This contract is entered into pursuant to Chapter 7 (commencing With Section 51200) of Put l, J>ivision l, Title S of the Government Code, which is known as the California Land Comeriairon Act of 1965, hereinafter ealled "Act." This contract is subject to all of the provisions · of the Act and City Ordinance No. :2~ t,3 including any amendments 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 copy of the Act, as amended in 1971, telmmt sections of the Revenue and Taxation Code. as amended in 197 J. and Article XXVIll of the California Constitution; and thi·. lie· has Rad and undentands the provisions thereof. 2. RESTRICl10N ON USE OF PROPERTY. DuriDg the term or this contrac~ and any and all renewals thereof, the property described in Exhibit B shall not be used by Owner. or Owner's successors in interest. for any use other than those qricultural uses and compatible uses which are deten:nined by the Council of the City of Palo Alto as the agricultural and compatible uses pennitted in the prucrv~ in wtuch the land is located. A list of all such compatl'blc ~ is set forth in Exhibit A, attached hereto and by this referem:e inc:Orporated hereili. 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 ~ list of compatible uses which shall be uniform throughout the agricultural presene m which the property in Exlul>it B ls located; provided, however, C'.ity may not during the term of this contract or any reaewaJ thereat, without the prior written consent of Owner l remove any of the compab"ble uses for the subject property which are et forth in Ulu"bit A. The proris.iuns of this contract aot1 any uniform rule supplementina the list of compatible uses are not intended to and shall aot ~·or supenede the planning m4 ~oning pofttS of City. _ 3 •. ·TERM OF CONTRACT. ~-n -~ : ~-j -· ,-:.. ~ --t • --: This contract shall become effective on the date of execution and shall remain in' full force ::ti and effect far an initial term of ten years. The initial term of ten years shall be mcaStitcd £.~ ,• . :~ 7:1 (,' • ·"'r 1...·. • .. ~II -.. .. ..... ; . ,.~. ; . '·' -·"' . ' ~ ,J ·cou.tl'I rt./ fi sr~d--.A.'4" .£) /Ve. 79, 90/ E 308~194 commencing as of the first day of January nexr succeedin~ the date of execution if the date Of execution is between Marth 2. and December 3 I. .The iniEiaJ term of ten years shall be ·measured commencing as of the first diy of January of the year of execution if the date of exec.ution is between January l Vld March i. Each succeeding first day of January shall be deemed to be the annuaJ renewal date of this contract This contract shall be renewed on each SUC<:eeding January I and one additional year shall be added automatically to the initial t:.-rm 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 contract, that party shall scIVe Written notice of nonrenewal upon the other party in advance of the aMual Rnewal date of this contract. Unless such written notice of nonrencwal is served by Owner at least 90 days prior to the renew11 date, or by City at least 60 days prior to the renewal date, this contract shall be considered renewed as provided in parqraph 3 above. (b) If either party servH Written n0tice of nonrenewal in any year within the time limits of 4(a) above. this · contr~"'1 shall mnain in effect for the balance of the period remalning since the original exe...\!tion or the last zenewaJ of this contract, as the case may be. S. NO COMPENSATION. Owner shall not receive any payment from City in consideration or the obligations imposed under this contract. it being recognized and a.Breed that the consideration for the execution 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 described in Exhibit B is divided, the owner of any parcel may exercise. independent of any other owner of a portion of the divKied property. any of the rights of the owner in this contract, inch.>ding the right to give notice of nonrenenl and to petition for cancellation. The effect of"any such· action by the owner of a parcel created by the dmsion of land descn"bed in Exhibit 8 shall not be imputed to the owners of the remaining parCds and shall hare no effect ()fl this contract a it applies to the remabDng pareels of the divided property. 7. CANCELLAnON. This contr.act may be cancelled and a cancelJatiol! ·fee imposed punuant to the applicable proftsions of the Act. · 8 NO'IlCES. · AD notices required or pmniUed by tlUs contl'Kt, including notice ot a clt.an,e or address, shall be ir1 writing and given by personal delivery ot sent by United StateJ Mail addRS!e<I to the. party intended ro be notified. N-odce aball be deem«f given as of the date of delimy · ii. pc:son or as of the date when deposited in any post off~ or any post offia box reaularly maintained by the UniWI Slates Government. Notice to the City lbafl be addreaad: City Oerk City or Palo Alto Civk: Center 250 Hamilton Avmue Palo Alto. Calilomia 94l0t ; l .i l E 308f11Qf 195 Notice ro Owner shall be addressed: Name: HARRY E. AINE Address 2 PALO ALTO SQUARE City and State · PALO ALTO, CA IN WITNESS WHEREOF the parties hereto have caused this contract to be e.1Ceci.lted: by Owner on Dec... C2 7;. / 9 28' and by City on E;a c:JC:S, /9? '7'. -- State ot" CAL I FORff IA County of SANTA . CLARA OFFICIAL SEAL SHIRLEY J. POITRAS ,.OTAAY PUBLIC • CALIFORNIA S-\NTA C:t.Af>I\ C::ovmy . l!y c:-.mm. e.iplr~s JIJL 22. 1979 }· CITY OF PALO ALTO. a municipal corporation, By, C:::--d; & J Mayor ~ OWNER .· On this the 29th day of OECEMBER 19 Z!_. before me, SH lRl EY J, POITRAS the Undersigned Notary Public, personally appeared HARRY E. AINE tcnown to me to be the person(s) whose name(s). f s subscribad to tha within instrument and a<:kncwledged that. __ h_e ___ _ executed the same for the·purposes therein ~tained. IN WITNESS WHER£OF, I hereunto .3et my hand and official seal. ·;..; ......... ~ ... ~····•'or'•'·•'•'•'·'•'.•:•'.~ I•:·~•;-, 0:.-o'.-',-O:::"'~~f.'•••~~-~-· .>_~.>. ~· .,.';"~~r·~··':'• . , '; :,<::' '•" -.-ac....,INllll•r •• " • -• r ' ... • .•: • ""~. • ... ,,,. II' ~~ •: ' '. .. , .. ' . . COMPATIBLE USES A PUBLIC AND PUBLIC UTILITY USES. (1) The construction. ~nstruction. installation. re-installation, removal. alteration, repair, maintenance and use of: (i) public streets and street improvements; (ii) pablic water, atom& and sanitary sewer, communication, transportation. traffic control and rae alarm lines. structllres. works; improvements, systems and facilities; (iii) public uses, buildinp. struc~ improvements, parking areas. and their appt.rtcnancei. (2) The erection, construction. al:eration or maintenan< e of p.s, electrlc, water or communication utility facilities, including radio, teleYision or microwave aniennas, ·transmitters and incld~ntal facilities related thereto; unless the City Council finc:k after . notice and hearing that such use is not compatible with the agriCl.!ltural, iecreational ot open spe.ce use to which the land is · restricted by contract. B. IMPROVEMENTS DETERMINED COMPATIBLE BY THE .ACT. · The location or construction of the following types of improvements which have been determined by Govemme!'lt Code Section S1293 of the Act to be compatible with or to enhance land within an agricultwal pmene: (J) Public Wotb required for fish anct wµdJife enhancement and preservation. (2) lmproJements f0r the primary . benefit •of the ·land within the preserve . . . . . . C. •Asriculturat use" (but oxdudina "Rereational use" and "cpeo space use") as defined in the California Land Come.rvation Act. Goveinment Code Section SJ20l(b). and exdwling the JDOl!Dlns ascribed. thereto m Govemment Code Section Sl20S; unless the City Council finds after no~ and hearing that such agricultural use is not compati"ble With the qricultural. rec:reational or open apa<:e use to which the land is restricted. by contract. D. "Recreatioal U," as defined in the California Land Conservation Act Govmtment Code - Section SJ20J(n); unless 'the City Council fmds after notice and he;uing that such lecreational use ii not compatible with the agricultural, recreational or open space use ~ which the 1ancl ia Ritricted by contract. E. •0pen space use" • defined in the Calif omia Land Conservatit)tl Act, Govemment Code Section 51201(0); unlea the City Council finds after ooticc and hWin, that such open iplce UM ii not oompati"ble with the aaricul~!.. iecreational or open space \ase to which the ~ ii rcstdctcd by contract. F. U111 permitted by the regulations of the "0-S Open Space District," NF Flood Plain District, .. or •p.p Public facilities District." provisions of the ~nina ordinance of the City. i 1 i . . . .. .. E 308ttG! 198 · ADDENDUM TO PROPOSAL TO ESTABLISH AN AGRICULTURAL P~SERVE AND/OR APPLICATION FOR LAND CONSERVATION CONTRACT FOR INCLUSION OF LAND IN AN AGRICULTURAL PRESERVE IN THE CITY OF PALO ALTO Applicant, Bf.RRY E. AINE, hereby acknowledges that the subject property is a portion of .a larqer contiguous parcel of property totaling approximately thirty acres, which has not received sub- division approval from the City of Palo Alto. This proposal re-· latinq to a portion of that parcel of land shall not be deemed a . subdivision· of the .larger parcel nor evidence nor acknowledgment by the City of Palo Alto of any prior lawful subdivision of the parcel. It is also hereby acknowledged that concurrent herewith Johan E. De Rijke and Huiberdine De Rijke have submitted a similar·· proposal for a parcel of land also a portion of that larger parcel, and that the fact that separate proposals have been submitted for those two parcels shall not be deemed a subdivision of any prope~ty no~ e~i dence nor acknowledgment· by the City of Palo.Alto of any prior la,,-ful subdivision of the parcel. , ",·-. CI'ri OF PALO ALTO, a muni~ipal corporation, BY : Mayor ·~ -~ City~ ·..._ -. , '· . ; •. ·~ STATE OF CALIFORNIA COUNTY OF SANTA CL..l\RA £ 308ft!l 159 ~ss: · On this 15th day of Februaryr 1979, before me, a Notary Public in and for ~aid County and State, personally appeared HARRY E. AINE, known to me to be the oerson whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS -WHEREOF, I have hereunto set my hand and affi~ed my official seal the day and year in this certificate first above written. STATE OF CALIFORNIA COUNTY OF SANTA CLARA ~ss: CJ~O~>kb~ Notary lie in and for said County and State On this ~7 U day of February, 19791 before me, ·a Notary Public in and for said County and State, personally appeared SCOTT T. CAREY, known to 111e to be the Mayor of the City of Palo Alto, the municipal corporation that executed the within instrument on behalf of said municipal corporation and acknowledged to me that said municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written~ • -OFFIClAL SEAL SHUUEY J, POITRAS NOTA!U PuB;.I(; • CAllf O~NIA SAMA ClAA.'\ COUNTY ~ comm. at~ JUL 22. 1919 N"ohrYii/!n and for said County and State ' ~ I I ' • I r I r . # . .• \ . ' . : . 'i ... +--"'" •. ' l !--- -------·-·· . . \ -•· .... ; .. lit .. ~ . .. -•·- -.. !--~ -. • i ----"'-· ----·--~-------~.l.-~----------~------------------_J \ I . ,' .. . .. . .• . . . • (1) (2) (3) . . E 309.-"' 201 The North one-half of the South one·half of the Northeast one-quarter of the Southeast one-quarter of Section 101 Township 7 south1 Range 3 West1 M.D.B. &. M. 351-4-22 The North one-half of the South one-half of the Northeast one-quarter of the Southeast one-quarter of Section 10, Township 7 south, Range 3 West, M.D.B. & M. 351-4-22 The North one-half of the South one-half of the Northeast one-quarter of the Southeast one-quarter of Section 10, Township 1 south, Range .3 West, M.D.B. & M. 351-4-22 (4) The North one-half' of the South one-half of the Northeast one-quarter of the Southeast one-quarter of Section 10, Township 1 south, Range 3 West,. (5) M.D.B. & M.. - 351-4 .. 22 The North one-half of the South one-half of the Northeast one-quarter of the Southeast one-quarter of Section 10, Township 7 south, ~e -3 West, M.D.B. & M. j I