HomeMy WebLinkAboutRESO 5196, . t:: '''I' t::4.I•~ -~Ml 41/Artl ,..,.,.,..,, • ._, ,,,,,. B 888 racr319 • ORJGINAL . -~ ... ~!',,:~ •w•, P":... .... .... ....... .
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-. ' . mfsbLUTION NO. 5196 NO FEE
RESOLUTION.. '.OF'. THE COUNCIL OF THE CITY OF PALO ALTO . ·.:
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ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE
CITY OF PALO ALTO ANO AUTHORIZING THE EXECUTION OF:_·_: --_,, .
A LAND CONSERVATION CONTRACT (BLOCK PROPERTY -30610 -:
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WHEREAS, Barry Block and Judith s. Block are owners of a cer-
tain parcel of land in the City of Palo Alto, Santa Clara County,
California; have applied together to have such land designated
an agricultural preserve under the provisions of the Land Conser-
vation 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
request to establish this preserve1 hereby finds that the establish-
ment of this preserve is consistent with the General Plan of the City
of Palo Alto: and further finds that the establishment of this pre-
serve (which includes an area of approximately 8.75 acres) is necessary
due to the characteristics of the agricultural e1tterprises in the area
and that the establishment of a preserve of such size is consistent ·
with the General 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 agri-
cultural preserves would unreasonably prevent the main-
tenance of land in an agricultural or rural status; and
2. The terrain is such that the appearance and sub-
stance of an agricultural or·rural environment would be
maintained on-parcels of less than 100 acres;
NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as follows:
SECTION l~ A Land Conservation Contract, a copy of which is
attached hereto, is incorporated by reference herein as though fully
set forth. Said contract hereby is appro"Ved, and the nayor is
authorized and directed to execute said contract on behalf of the
City ..
SECTION 2. The area described in the document designated as
EXHIBIT 1 B8 to said contract and as shown on the map attached to
said contract hereby is designated-and established as an agricultural
preserve ~"\der the pi:·ovisions of the California Land Conservation Act
of 1965 ("William&on Act•), adopted by the.City Council.
SECTION 3. The City Clerk is'directea to perform any act
necessary for the attestation of said contract, the filing of
a copy of this· resolution and of said contract in the Office
of the County Recorder of the County of Santa Clara, and such
other filings and acts as are required by law.
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SECTION 4. The council finds that none of the provisions
of this resolution will have a significant adverse environmental
impact.
INTRODUCED AND PASSED: February 9. 1976
AYES: 'Beahrs, Berwald, Carey, Clay, Comstock, Byerly, Norton~ Sher, Witherspoon
Mayor ·
l'·,
APPROVED: · :: · ~~-µ.ts -biieftor0piannin9 ¥{
Community Environment
PROPERTY DESCRIPTION
APPROVED:
~·--X.~ partment of
Public Works-Engineering
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UNIFORM
This is an agreement between the CITY OF PALO Al TO. a murticiP~ _.corp(>ra&!~-iof·:~he
State of California, hereinafter called "City.'' ar.d B 4 G? sy B'::P (" t . H.. I ,J
;:5°u OVftJ A. £?t.or IL · : · ·-· '''::: ;,
hereinafter called "Owner."
WHEREAS, Owner possesses certain real property located within the City of Palo Alto,
County of Santa Clara, State of California, which is presently devoted to agricultural use and
is described in Exhibit B attached hereto and made a part hereof; ~nd
WHEREAS, the property is located in an agricultural preserve heretofore established by City;
and
WHEREAS, both Owner and City desire to limit the use of the property to agricultural
and compatible uses; and
WHEREAS, the parties have determjned 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 follows:
1. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965.
This contract is entered into pursuant to Chapter 7 (commencing with Section S 1200) of
Part 1, Division t, Title S of the Government Code, which is knov,.n as the California Land
Conservation Act of 1965, hereinafter called "Act." This contract is subject to all of the provisions
of the Act and City Ordinance No. :2.663 including any amendments thereto which may
hereafter be enacted. The provisions of the Act ue incorporated herein by this reference. Owner
declares that he has rc;ceived from City a copy of the Act, as amended in 1971, relevant sections
of the Revenue and Taxation Code, as amended in 1971, and Article XXVlll of the California
Constitution; and that he has read and understanc!.s the provisions thereof.
2. RESTRICTION ON USE OF PROPERTY.
During the term of this contract, and any and all renewals thereof, the property described
in ExhJ'bit B shall not be used by Owner, or Owner's successors in interest, for any use other
than Ulose agricultural uses and compatible uses which are detennmed by the Council of the
City 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 forth in Exhibit A, attached hereto
and by this reference incorporated hereu\. City, by uniform rule adopted by the City Council,
may from time to time during the tenn of this contract and all renewals thereof, add to the
list of compatible uses which shall be uniform throughout the agricultural preserve in which the
property in Exhibit B is located; provided, however, City may not dutjng the term of this contract
or any renewal thereof, without the prior written consent of Owner, remove any of the compatible
uses for the subject property whic..'lt art set forth in Exhibit A. The provisions of this contract
and any uniform rule supplementing the list of compatible uses are not intended to and shall
not limit or supersede the planning and zoning powers of City.
3. TERM OF CONTRACT.
This contract shall become effective on the date of execution and shalt remain in ~· U force
and effect for an initial term of ten years. The initial tenn of ten yean shall be measured
County No. 76-907
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commencin1 as of the first day of January next suc,t"eding ~he date of execution if the date
of execution is loetween March 2, and Detcmber 31. The initial term of te!'I years shall he
measured commencing as of the first day of January of the y..:ar of execution if the date of
execution is between January I and March t Each suc-:erding first day of January shall be
deemed to be the annual renewal date of this Cl'ntr::ii.:t This contract shall be renewed on each
succeeding January l .ind one additional year shall b~ added automatically to the initi:il. term
unless notice of nonrenewal is given as provided in para1m1.ph 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 nonrcnewal upon the other party in adv~nce of the annual renewal date of
this contract Unless such written notice of nonrenewal is served by 0-..wner at least 90 day~
prior to the renewal 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 seives written notice of nonrenewat in any year within the time limits
of 4(a) above, this contract shall remain in effect for the ba1ance of the period remaining since
the original execution or the last renewai of thi<> contract. as the case may be.
S. NO COMPENSATION.
Owner shail not receive any payment from City in consideration of the obligations imposed
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 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 divided property, any of the rights of the owner in this contract, including
the right to give notice of nonrenewal and to petition for cancellation. The effect of an>· such
action by the owner of a parcel created by tht: division of land described in Exhibit B shall
not be imputed to the owners of the remaining parcels and shall have no effect on this contract
as it applies to the remaining parcels of the divided property
7 CANCELLATION.
This contract may be cancelled and a cancellation ·fee imposed pursuant to the applicable
provisions of the Act.
8 NOTICES;
All notices required or permitted by this contract, including notice of a change of address,
shall be in writing and given by personal delivery or sent by United States Mail addressed to
the party intended to be notified. Notice shall be deemed given as of the date of delivery in
person or as of the date when deposited in any post office or any post office box regularly
maintained by the United States Government. -
Notice to the City shall be addressed:
City Oerk
City of Palo Alto
Civic Center
250 Hamilton Avenue
Palo Alto, California 9430 l
B 888 Pa~323
Notice to Owner shall 'be addressed:
Name: (3,,.. A Ry B L-ex"' It "t-~ u 0 n-f.I <;' ~ BL oc J::..
Address 30610 p"' 66 YWL L f>.P:
City and State AL.I~ C4 Cf'<1D 2 L-
IN WITNESS WHEREOF the parties hereto have caused this contract to be executed: by Owner
,. on f and by City on & .6 ? //74,
STATE OF CALIFORNIA )
caUNTY OF SANTA CL~RA ) SS
On February 16, 1976, before the under-
signed, a Not~ry Public for the State of
California, personally appeared Barry
Block and Judith S. Block, known to me
to be the persons whose names are
subscribed to the within instrument,
and acknowledged that they executed
the sa~.
CITY OF PALO ALTO, a
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OWNER
No FEE
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B 888 P4cr.'J2 4
COMPATIBLE USES
A. PUBLIC AND PUBLIC UTILITY USES.
(1) The construction, reconstruction, installation, re-installation,
removal, alteration, repair, maintenance and use of: (i) public
streets and street improvements; (ii) public water, storm and
sanitaxy sewex, communication, transportation, traffic control and
firm alarm lines, structures, works, improvements, systems and
facilities; (iii) public uses, buildings, structures, improve-
ments, parking areas, and their appurtenances.
(2) The erection, construction, alteration or maintenance of gas,
electric, water or communication utility facilities, including
radio, television oL microwave antennas, transmitters and inci-
dental facilities related thereto; unless the City Council finds
after notice and hearing that sue~ use is not compatibl~ with the
agricultural, recreational or open space use to which the land is
restricted by contract.
B. IMPROVEMENTS DETERMINED CViPATlBLE BY THE ACT.
The location or r.onstruction of the following types of improvements which
have been determined by Government Code Section 51293 of the Act to be
compatible with or to enhance land with an agricultural preserve:
{l) Public Works required for fish.. and wildlife enhancement and preservation.
(2) Improvements for the primary benefit of the land within the preserve.
C. "Agricultural use" (but excluding "recreational use" and "open space use")
as defined in the California Land Conservation Act, Government Code Sec-
tion 51201(b), and excluding the meaning ascribed thereto in Government
Code Section 51205; unless the City Council finds after notice and hearing
that such agric~ltural use is not compatible With the agricultural, rec-
reational or open space use to which the land is restricted by contract.
D. "Recreational use" as defined in the California Land Conservation Act,
Government Code Section 5120l(n); unless the City Council finds after
notice and hearing that such recreational use is not compatible with
the agricultural, rec~eational or open space use to which the land is
restricted by contract.
E. "Open space use" as defined in the California Land Conservation Act,
Government Code Section 51201(0); unless the City Council finds after
notice and hearing that such open space use is not compatible with the
agricultural, recreational or open space use to which the land is
restricted by contract.
F. Uses permitted by the n~gulations of the "0-S Open Space District," uF
Flood Plain District," or "P-F P1,1blic Facilities District," provisions
of the zoning ordinance of the City.
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B 888 PACE325
1.1.'i'l.vsc pm·ccls or land si tuntc in the City of Palo Alto, County of
Santa Clara, State of California, described as follows:
P ARCE:.. OiU::
Ber,inning at the t!orthc.ast corner of that certain 108. 351 acre
trnct of land described in the Deed to John F. Dahl, et tlx,
recorded October 27, 1964, Book 6716 Official Records, page 709,
ir. tlw d1 v!dinc line of Sections 3 and 10) Township 7 South·,
RanRc 3 West, M. D. ll. & M., thence from said Point of Beginning
~. 2° ~4 1 West along sai<l 106.351 acre tract for a distance of
60i1.60 feet; thence leavinc last mentioned line and runn1nr; s.
G0° 43' West 377.45 fe~t~ thence N. ~1° 23' West 478.oo feet;
thence N. 28° ll' East 487.30 feet to the point of intersection
tl:creof with the said di vidini:_; line of said sections 3 and 10
~~ove referred to; thence s. 88° 31' East along last mentioned
dividing line for a distance of 44 :>.20 feet to the point of
beginning.
PARCEL TWO
An easencnt as appurtenant to all or any portion of Parcel One
above, for ingress, egress, and utility purposes over a 25.00
feet wide strip of land generally following a certain existing
graded roadway lying entirely within Section 10, T. 7 s., R. 3 W.,
M. u. B. & M. in the City of Palo Alto> County of Santa Clara,
State of California, and being a portion of the land shown on
Sheet 3 of 3 Sheets of the Record of Survey Map Recorded in
Book 129 of Haps at pages 34-36, Santa Clara County Records, a."1d
al~o being a portion of a certain 108.351 acre tract or land
described .in the Deed to John F. Dahl, e~ ux, recorded in Book
6716 of Official Records, at page 709, Santa Clara County; the
'i'RUE POINT OF BEGrtmnm of the centerline of. said easement lies
S. 02° 43 1 23" W., 604.60 feet along the Easterly property line
of said 108. 351 acre tract of land and S. 60° li3' W., 3·17. 45
feet along the Southeasterly line of a certain 8.75 acre tract
or land described in the Deed to Sada Coe Robinsor. recorded in
Book 1302 of Official Records, paee 371, Santa Clara County,
and N. q1o 23' W., 234.46 feet along the Southwesterly line of
saiu 8.75 acre parcel of land to a point in the travelled way of
a certa;in existing graded roadway, from a certain Ip• x 4" redwood
post scribed 0 1/8 S. & W. T. S." established by Chas. Herrr:lann,
set in the Northwesterly corner of said Section 10, and shown
on said Record of Survey Map, said point also being the North-
easterly corner of said 108.351 acre and 8.75 acre tracts of land
thence from said TRUE POINT OF BEGIUNING, generally following
tl'lC alighment Of Said existing roadway# along the Centerline Of
said easement:
(1) s. 06° 55' 36" E., 69.07 feet to the beginning of a circular
curve to the left having the following elements:-·
(2) R• 50.00 feet., delta== 28° 36• 05", L= 24.96 feet, thence
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PAGE TWO OF DESCRIPTION B 888 PA~E326
along last said curve to the Point of Tangency, thence
(3) S. 35° 31' 41" E., 77.68 feet to the bec1nn1ng of a
circular curve to the rir;ht havinr; the following elements;
(4) R= :>0.00 feet-, delta= 52° 21 1 45", L= 45.69 feet, thence
along t'!ie last· said _curve to the Point of 'i'angency, thence
(5) S. 16° 50' 04" W., 191.41 feet to the beginning of a
circular curve to the left having the following elements:
(6) R=25.00 feet, delta= ll.J0° 10 1 25u, L= 61.16 feet, thence
along the last said curve to the Point or Tangency, thence
( 7) N. 22° 59' 31" W. r 61. 08 feet to the beginning of a
circular curve to the left havin~-the following elements:
(8) R= 10.00 feet, delta= 76° 39' 23", L= 13.38 feet, thence
(9) s. 80° 211 06" W., 22.33 feet, to the be~inning of a
circular curve to the left having the following elements:
(10) R= 10.00 feet, delta= 88° 35' 33", L= 15.46 feet, thence
along last said curve to the Point of Tangency, thence
(11) s. 08° 14 1 27" E., 222.28 feet, to the beginning of a
circular curve to the right having the ~ollowing_elements:
(12) R= 250.00 feet, delta= 41° 35• 50", L= lfil.50 feet, thence
along last said curve to the Point of Tangency, thence
(13) s. 33° 21' 23" W., 7.83 feet, to the beginning of a
circular curve to the right having the following elements:
(14) R=35.00 feet, delta= 141° 50' 50", L~ 86.65 feet, thence
along last said curve to the Point of Tangency, thence
(15) N. 04° 47 1 47" W., 118.93 feet to the beginnin5 of a .
circular curve to the left having the following elements:
(16) R= 150.00 feet, delta= 76° 18 1 2011 , L= 199.77 feet, thence
along last said curve to the Point of Tangency, thence
(17) N. 81° 06' 07u w., 125.54 feet, to the beginning of a
circular curve to the right having the following elements:
(18) R= 200.00 feet$ delta= 31° 36 1 4ou, L= 110.34 feet, thence
along last said curve to the Point of Tangency, thence
(19) N. 49° 29 1 27" W., 161.44 feet, to the beginning of a
circular curve to the left having the following elements:
(20) R= 20.00 feet, delta= 73° 31' 25", L= 2).66 feet, thence
along last said curve to the Point of Tanr;ency, thence
(21) S. 56° 59' 08" W., 21.42 feet to the beginning of a
circular curve to the left having the following elements:
(22) R= 20.00 feet, delta= 99° 32' 13", L= 34.74 feet, thence
· alonr; last said curve to the Point of' Tangency, thence
(23) s. 42° 33' 05" E., 68. 77 feet, to the beginning of a
circular curve to the right having the following elements:
(24) R= 150.00 feet, delta= 57° 40' 3011 , L= 150.99 feet, thence
along the last said curve to the Point of Taneency, thence
(25) s. 65° 07' 25" w., 2 .. 35 i'eet, to the beginning of a
circular curve to the le~ having the following elements:
(26) R= 50.00 feet, delta= 63° 42' 13", L= 55.59 feet, thence
along la&t said curve to thu Po.lilt of 'l'nnr.ency, thence
(27)
(28)
(29)
(30)
(31)
(32)
(33)
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PAGE THREE OF DESCRIPTION B 888 fA~-127
S. 46° 34 1 43" B., 33. 9Lt feet• to the beginning of a
circular curve to the right having the following elements:
Ra 50.00 feet, delta= 111° 10 1 4811 , L= 97.02 feet, thence
alone; last sa:td curve to the Point of Tanr;ency,'thence
S. 62° 36' 0011 W., 104. 0 3 feet, to the bcr;innin~ of a
circular curve to the left having the following clenents:
R= 100.00 feet, delta= 33° 22 1 15", L= 58.2~ feet, thence
alone last said curve to the Point of Tangency, thence s. 29° 13' 14" w., 110.56 feet, (130.03 feet to an iron
pipe) to the beginning of a circular curve to the right
havin~ the following clements:
R= 100.00 feet, delta= 27° 30' OO", L= 48.oo feet, thence
along last said curve to the Point of Tan~ency, thence
S. 56° 43' 14" W., 53. 32 feet to the teminus of said
easement in the centerline or Page Mill Rd. as shown on
said Record of Survey Hap, said point also lying in the
center of a certain Sanitary Sewer Manhole Cover located
within the travelled way and as shown on the Official City
of Palo Alto Improvement Plans for Foothills Annexation
No. 3 {Utilities) J Sheet No. 16 of 49 Sheets aJ1d ·designated
NH PI Sewer Station 115 plus 14.08 (Ahead)J said Manhole
lies S. 13° 00' 53" E. , 45. 23 feet along the saicl centerline
from a certain centerline anr;le point shown on Sheet Three
of Three Sheets of said Record of Survey f.'iap,, said center-
line angle point being established by the intersection of
the following centerline tangents: H. 13° 00' 53" W.,
355.88 feet, ands. 19° 5ip 45 11 W., 155.1'8 feet, all as
shown on said Record of Survey Map.
PARCEL THRBE
An easement as appurtenant to all or any portion of Parcel One
above, for utility purposes over a 10.00 feet wide strip of
land generally following the route of an existing water main
lying entirely within Settion 10, T. 7 s., R. 3 W., M. D. B. & M.,
in the City of Palo Alto, County or Santa Clara, State of
Cal1 fornia, and beinr; a portion of' the land shown on the Record
or Survey Map, Sheet Three cf Three Sheets, recorded in Book
129· of Maps at pages 34-36, Santa Clara County Records, and also
beinB a portion of a certain 108.351 acre tract of land described
in the Deed to John F. Dahl, et ux, recorded in Book 6716
of Official RecordsJ at page 709, S;).Ilta Clara County; the TRUE
POINT OF BEGINNING of the centerline of this easement lies s.
02° 43' 23" w., 604.60 feet along the Easterly property line or said 108.351 acre tract or land ands. 60° 43' w., 377.45
feet along the Southeasterly line of a certain 8.75 acre tract
or ] nnd <lescr:lhr.ll in thr> DP-erl to Sndn Goe Hnh1 nnon, recorc1(•ct
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RECORDER'S MEN;O
f,11.INT Wlt\T!t~G OR lYP!NG
I Oft c11;;:20N ccr;cs M.!.KE$ . \
POOR PHG:OG~~f'~:(; l\;CC'RO.
RlOR ADVISED SUT STAT!S
EAlUEST RECOR::>i~ ESSENnAl
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?AGE FOUR OP DESCRIPTION
or said 8.75 acre tract of land to a point in said existing
water main which is generally marl.:ed by 211 diameter vertical
pipe risers set in .the anglt! points of said water rnai.n; from
a certain 4" x 4" redwood post scrib.~~ "1/8 S. tc W. T. S."
established by Chas. -Herr'fiH.i.:r.u' set in the Uorthcasterly. corner
of said Section 10, and shown on said Record of Survey Map,
said point also being the Northeasterly corne~ of said 108.351
acre and 8. 75 acre tracts of land, thence from said TRUE
POINT OF BEGINNING, ger!.erally following the aligrunent of
said existing water main, along the centerline of said ease-
ment, the following courses:
( 1) S. Li3° 33' 07" W. 191. 01 feet to an angle point, thence
{2) s. 63° 32' 03" W. -75.00 feet to an angle point, thence
(3) s. 68° 32' 08" w., 70.00 feet to an anele ·point, thence
(4) s. 19° 15' 07" W., 216.83 feet to an angle point, thence
(5) s. 28° 17' 50" w., 48.41 feet to an angle point, thence
( 6) S. 07° 49 1 56" W. , 33. 66 feet to a point in the centerline
course No. 17 of the Easement for ingress> egress, and
Utility purposes, described in Parcel Two above, and the
terr.iinus of said Easement for utility purposes herein
described, said terminus being N. 81° 06 1 07" W., 77 .16
feet from the Point of Tangency of a circular curve having
the following elements: R= 150.00 feet, delta= 76° 181 2011 ,
L= 199.77 feet, as described in said Parcel Two.
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