HomeMy WebLinkAboutRESO 5658" '
WHEN DOCUMENT HAS BEEN~CORDED RETURN TO: . 6295~59.
OFrICE OF THE CITY CLERK -~-L-ct2c.7 -... ..ee
CIVIC CENTER ~ '3 91;
250 HAMILTON AVENUE
PALO ALTO, CA 94301 .
ORIGINAL
E 308~:180
RESOLUTION NO. 5658 ------
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE
CITY OF PALO ALTO.AND.AUTHORIZING THE EXECUTION OF
A LAND CONSERVATION CONTRACT (JOHAN E. De RIJKE
AlJD HUIBERDINE De RIJKE) -OFF UPPER PAGE MILL ROAD
WHEREAS, JOHAN E. De RIJKE AND HUIBERDINE De RIJKE are owners of
a certain parcel of land in the City of Palo Alto, Santa Clara County,
California; have applied to have·scch land designated an agricultural
preserve under the provisions of the Land Conservation 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 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 rea-
sons:
1. Historically, agricultural and.rural.operations in the area
have been.conducted on comparatively small.holdings, and an
imposition of·.a loo~acre .size on .agricultural preserves
would unreasonably prev1~nt the mainterance of land in an
agricultural or rural status; and
2. The terrain is such that the appearance and substance of an
agricultural or rural environment would be maintained on
parcels of less than 100 acres;
NOW 1 TaEREFORE, the Counail of the City of Palo Alto does RESOLVE
as follows:
SECTION 1. A Land Conservation Contr~ct, a copy of which is
attached' hereto, 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 California Land
Conservation Act of 1965 ("Williamson Act"), adopted by the City
Council. ·
SECTION 3. The City Clerk is directed to perform any act necessary
for the attestation of said contract, t.~e filing of a copy of this reso-
lution and of said contract.in the Office of the County Recorder of
the County of Santa Clara, and sucl':. other fillngs and acts as are re-
quired by law.
. SECTION 4. The Council.finds that this project is categorically ~exempt from environmental assessment under Class 17, CEQA.
INTRODUCED AND PASSED: February 20 I 1979
·NO FEE FOR RECORDATION PER GOVT. CODE SECTION 6103
. ......
• I • ...... E 308rtG£ 181
AYES:
NOES:
Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon
None
ABSTENTIONS: None ·,
Assistant~city Attorney
PROPERTY DESCRIPTION APPROVED:
!Jkd K-~-Depa:tmen~ of Puhl~
Engu.eer i.ng
APPROVED:
Mayor ~
ci~
iiector of Planning and
Community Environment
E 308M!180.
-2 -
£ ~~!182
¢39;>7 -Ve-~~.
UNIFORM LAND CONSERVATION CONTRACT ,..ca..~
This is an agreement between the CITY Of PALO AL TO. a municipal corporation of the
State of California, hereinafter called "City,• and Johan E. De Rijkc and ihiberdine De Rijke •
.hereinafter called "Own~r. 11
WHERE.AS, Owner pow.sses certain real property located within the City of Palo Alto,
County of Santa Clara, State of California, which is presently devoted to qricultural use and
·is desaibed in Exhibit B attached hereto and made a part hereof; and ·
WHEREAS, the property is located in an agricultural preserve heretof<m established by City> . .
and
WHEREAS. both · :lwner and City desire to limit the use of the property to agrieultural
and compatiDle uses; and
WHEREAS,· the parties have determined that the highest and best use for the property during
the term of this contract, or any renewal thereof, shall be for agricultural and compatible uses.
NOW, THEREFORE, City and Owner agree as followt:
I. CONTRACT SUBJECT TO CAUFOAAlA LAND CONSERVATION ACT OF 1965.
This contract is entered into pursuant to Chapter 1 (commencing with Section S 1200) of
Part l, Division l, Tide ~ of the Government Code, which is known as the Calif omia Land
CoDSCIYation J\ct of 196S, hereinafter called .. Act." This contract is subject to all of the provisions -
of the Act and City Ordinance No. '2111¥. f including any amendments thereto which may
ben:after be enacted. The provisions of the Act are incorporated herein by this reference. Owner
declares that he has received from Qty a copy of the Act. as amended ~ 1971, relevant sections
of the Revenue and Taxation Code, as amended in 1971, and Article XXVIU of the California
Constitution; ar.C: that he has read and understands the provisions thereof.
2. RESTRICTION ON USE OF PROPERTY.
During the term of this contnct. and any and all renewals thCROf, the property desc.11>ed
in Exhibit B sbJD. not be used by Owner, or Owner's successors in inmest, for any use other
than those agrkultural uses and compatible u.ses which are detennin~ ·by the Council of thot
CJty of Palo Alto as the agricultural and compatible uses permitted in the preserve in which
the land is located. A list of all such compatible uses is set forta in Exhibit A. attached hereto
and by this reference incorporated hereui. City, by uniform rule adopted by the City Council.
may from time to thM during the term of this contract and all renewals thereof. add to the
list of compatible uses which shall be unifonu throughout the agr.cultunl preserft in which the
property in Exhibit B is loc;ated; provided. however, City may not d\&rlng the term or this contract
or any renewal thereof, without the prior written consent of Owner, remove any of the compatible
uses for the subject property which are set forth in Exhibit A. The provisions of this contract
and any uniform rule supplementma the Ust of comp&ti'ble uses are r.ot intended to and shall
not limit or supersede the planning and zo~ pown flf Qty.
3 .. TERM OF CONTRACT.
nus contract shall be'ome eftective on the date of exeQJtiOn and shall remain in full force
and effect for an initial term of ten years.. Tbe initial tenn of ten years mall· be mcaswed .
-C.•
COUNTY ASSIGNED NO.
79.902
~-. -i ,, .. ~
t . l..
1. -. 0 :%1 · !1 tr
• f) .,,
~.. . .-.. ·:
.. ...
commencina as of the first day or January next $lAccttding the date of execution if the date
of execution b between March 2. ind December 3 t. The initial term of ten years shall be
measured commencing as of the first day of January of the year of execution if the date of
execution is between January t and Marth I Each succeeding ftnt day of)anuary shall be
deaned to be the annual renewal date of this contn't This contract shall be renewed on rach
su«ecdina January I and one additional ye'..r shall be added automttically to the initial term
uni~ not.ice of nonren~wai is given u · provided in paragraph 4.
4. NOTICE OF NONRENEWAl~
(a) If either party desires in any year not to renew this contract, that party shall serve
written notice of nonrenewal upon the other patty in advance of the annual renewal date of
this contract. Unless such written notice of nonrenewal is served by Owner at least 90 day~
prior to the· rencwaJ date, or by City at least 60 days prior to the renewal date, this contract
shall be considered renewed as provided in paragraph 3 above.
(b) If either party serves written notice of nonrenewal in any year within the time limits
of 4(a) above, this contract ~ :-"!main in effC\.~ for the balance of the period remaining since
the orj inaJ execution or-the last renewaJ of th.is contract. as ai.e case may be.
S. NO COMPENSATION.
Owner shall not receive any payment from City in consideration of the obligations ~posed
under this contract, it being recognized and agreed that the consideration for the execution of
this contract is the substantial benefit to be derived therefrom.
6. SUCCESSORS IN INTEREST.
This contract and the restrictions im~ hereunder shall be binding upon. and inun to
the benefit of, the successors in iDterest of the Owner~ Whenever any of the property descn'bed
in Exhibit B is divid~ the owner of any parcel may exercise, independent of any other owner
of a pe>rtion of the· dMded property. any of the lights of the owner· in this contract. including
the right to sive notic:c of nomenewal and to petition for cancellation. The effect of any such
Ktion by the owner of & pareel created by the division of land de5eribed. in Extu1>it B shall
not be imputed to the owners of the remaining parcels and shall have no effect on um contract
as it applies to the remaining parcels of the divid~ property. · '
7. CANCELLATION.
this conbact may be cancelled and a ~cellation ·ree-imposed punuant to the applicable
pwrisions »f the-Act.
8 NOTICES.
All notices required or ~rmi.tted by this contract, includina notice of a cl1ange of ad4ress,
shall be in writing and given by personal delivery oz sent by United States Mail ~ssed to
the_ ~· intended to be notified.. Notice shall be deemed given as of· the date C>f delivery in
person or as of the date when deposited in any post .oftice or any post o~ice box reguiady
maintained by the United States Government. ·
Notice to the c;ty lbaU be addrested;
City Clerk
City of Palo Al~o
Civic Center
250 Hamilton A~ue
Palo AJto, California. 94301 I i
.. .
E 309'aM 184
Nome to Owner shall be addressed:
Name: Johan E. !le Rijke and Huiberdine De Rijke
Address 19782 Bixby Drive, ,,
City and State ... ~rtmo' r.-.,,. · CA 95014
IN 'MTNEsS WHEREOF the parties hereto have caused ~ conrn;to be ••:.2;;i' ~~<;"';?. on_.L?€c. S?:!._
1
--~9 /9 /sP andbyC1tyon ~~"1!1' -~
OWNER
On this the 29th dey tlf DECEMBER
19
!!._, llelvm me,
SHIRLEY J. POITRAS the undersi&ned Notary Public, persona1iy 8PPeared
Coun Statet·~ot_C_A_t_IF-0-RN_I_A ___ -__ 1 SS.
# SANTA CLARA
OFFICIAL SEAL
S'il:?lfY r POiT~s
NO!l\qy P\lt.uc , CAl.l~OQNrA •
S'\Nf.t\ Cl\!\'I\ COUNTY
My :omnt. ~i:i--~ JJL 22, 1979
-JOHAN E. or RIJK£
HUIBEkDINA E. DE kIJKE
"'-"to me to be the i>erson(s) whose nome(s) -!!:!.... .sub..,ibed
to the 'Within instrument al'ld acknowledged that . T;FJey
executECf the same tor th& purposes therein con·tained,
IN WITN£Ss IYHEREOF, I he"'unto set my hand and official -1.
. l
l
I
l
~
..
COMPATIBLE USES
A ~UBLIC AND PUBLIC UTJLITY USES.
(1) The construction. reconstruction, installatic.in. re·installa_tion, removal, alteration, repair,
maintenance and use of: (i) public streets and street improvements; (ii) public water,
stonr. and sanitary sewer, communication, transportation, traffic: control and rue alarm
lines, structUres, works; improvements, systems and facilities· (ill) public uses, buildings.
structures, improvements, parkina areas, and their appurtenances.
(2) The erection, construction, alteration or maintenance of gas, electric, water or
communication utility facilities, including radio, television or . microwave antennas,
transmitters and incidental facilities related thereto; unless the City Council finds after
notice and hearing that such use is not compatible with the agricultural, recreational
or open space use to which the land is restricted by contract.
B. IMPROVEMENTS DETERMINED COMPATIBLE BY THE ACT.
The )O(:ation or construction of the foDowing ty~s of improvements which have been
determined by Government Code Section S 1293 of the Act to be compatible with or to enhance Jand within an asricuJtunl perserve: :
(1) Public Worts required for f'ah and wildlife enhan.:ement and preservation.
(2) Improvements for the primary benefit of the Jand within the preserve . .
C. •AsricuJtural use" (but excluding "recreational use" and "open space use") as defined in
the California Land Conservation Act. Government Code Section Sl20l{b). and excluding
the meaning ascribetl thereto in Government Code Section 51205; unless the City Council
f'mds after. notice and bearing that such agricultural use is not compatible 'itith the agricultural,
recreational or open space use to which the fand is restricted by contract.
D. "Reaationl use" as defi.'led in the California Land Conservation Act, Government Code
Section SJ20l(n); unless the City Council f'mds after notice and hearing that such recreational
use is not compatible with the agricu.JturaJ, recreational or open sp!lce use t~ which the
land ~ restricted by contract.
E. "Open space u1e" as def"med in the California Land Conservation Act. Government Code
Section Sl20l(o); unless the City Council finds after notice and hearing that such open
apace use iS r.ot compatible w!.th _the agticu!to.1!':.!, ~...-:;tional or open space use to which
the ~d is restricted by contract.
F. Uses permitted by the regulations of the "Q..s Open Space District," "F Flood Plain District,"
or "P·F Public Facilities Diabict," provisions of the zoning ordinance of the Cjty.
f
I ! T l.
l
i
ADDENDUM TO PROPOSAL TO ESTABI,ISH
AN AGRICULTURAL PRESERVE AND/OR
APPLICATION FOR LAND CONSERVATION
CON~RACT FOR INCLUSION OF LAND IN
AN AGRICULTURAL PRESERVE IN THE -
CITY OF PALO ALTO
Applicants, JOHAN E. De RIJKE and HUIBERDINE De RIJKE, hereby
acknowledge that the subject property is a portion of a larger con-
tiguous parcel of property totaling approximately thirty acres,
which has not received subdivision approval from the City of Palo
Alto. This proposal relating to a portion of that parcel of land
shall not be deem~d a subdivision of the larger parcel nor evidence
nor acknow~edgment by the City of Palo Alto of any prior lawful sub-
division of the parcel. It is also hereby acknowledged that con-
current herewith HARRY E. AINE has 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 par-
cels shall not be deemed a subdivision of any property nor evidence
nor acknowledgment by the City of Palo Alto of any prior lawful sub-
division of the parcel.
CITY OF PALO ALTO, a municipal
corporation,
--.......... \
citj;'MaJi9r
JO , OWner
F o1t 7?lz k ._
I t t
'
I
-~---~---------------------------------·
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
)
) SS:
)
E 308~188
On this 15th day of .February, 1979, before me, a Notary P.ublic
in and for said County and State, personally appeared JORAN"E, DE'
RI.IKE and RUIBERDINE A. DE RIJKE, known to me to be the persons
whose names are subscribed to the within instrument and acknowledged
that they executed_the same for the purposes therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
)
) SS:
)
lfotary Pijb ic In and for said
County and State
On this i-,? ~ day of February, 1979, before me, a Notary
Public in and <ir-said County and State, personally appeared SC01T
T, CAREY, known to me to be the Mayor of the City of Palo Alto, the municipal corporation that executed the within instrument on
behalf of said mt.micipal corporation and acknowledged to me that said 11n1ntcipal corporation executed the same.
IN WITNESS WHEREOF.1 I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
~#(,,/?..~ otarf fin and for said County and State
OFFJCJAL SEAL
SHIRLEY J. POITP.AS
NOTARY PIJBLIC • CAL!FO~i'<IA
S<\NTA Cil\~\ c:c.u.·:n·
My c:mm. P.·.-j·~i i:t 22_ 1919
--i •
I•
i .
i
· i
I _. l
i i I \
t
•
i
~ .. " ..... :...7. ~.ai. ""':',., • "! ,,,_.,.,,,,,. -....
/-·:
~ .. .
i
.,;
)
__ ., ___ ..
...
• i I •
~
.j,
I
I I ·1
I l
i I
' . .
(1)
(2)
•
351-4-13
The South half of the North half of the Northeast quarter of the
southeast quarter {Sl/2 of the Nl/Z of the NEl/4 of the SBl/4)
of Section 10,, Township 7 South, P.ange 3 West, M.D.B. & M.,
according to the Official Maps thereof approved on April 26, 1867
and September 24, 1919 on file in the Office of the Federal Bureau
of Land Management.
351-4-13
The Soutli half of the Nor..h half of the Northeast quarter of the
southeast quarter (Sl/2 of the Nl/2 of the NEl/4 of the SEl/4)
of Section 10, Township 7 South, Range 3 West, M.D.B. & M.,
according to the Official *J>s thereof approved on April 26, 1867
and Sept~r 24, 1919 on file in the Office of the Federal Bureau
of Land_ Mmagement.
351-4-13
The South half of the North half of the Northeast quarter of the
southeast quarter (Sl/2 of the Nl/2 of tl".e NEl/4 of .the SEl/4)
(3) of Section 10, Township 7 South, Range 3 West, M.D.B. & M.,
according to the Official Mlps thereof approved on April 26, 1867
and September 24, 1919 on file in the Off ice of the Federal Bureau
of Land Management.
(4)
(S)
351-4-13
The South half of the North half of the Northeast quarter of the
southeast quarter (Sl/Z of the Nl/2 of the NEl/4 of the SEl/4)
of Section 10, Township 7 South, Range .3 West, M.D.B. & M.,
according to the Official ~s thereof approved Oil April 26, 186 7
and September 24, 1919 on file in the Off ice of the Federal Bureau
. of Land ~ement.
351-4-13
. The South half of the North half of the Northeast quarter of the
southeast quarter (Sl/2 of the Nl/~ of the NEl/4 of the SEU4)
of Section 10, Township 7 South, Range 3 West, M.D.B. & M.,
accoTding to the Official Maps thereof approved on April 26, 1867
and September 24, 1919 on file in the. Off ice of the Federal Bureau·
of Land Management.
t t l
t
f
I
{
'
I
t
I
;