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HomeMy WebLinkAboutRESO 5802..... krterr. recorded return to: . c;'ty af"t'alo Alto/RED · zso Hami 1 ton Ave. • ~ F 442·~~ Pa 1 o ;i l to» CA 94301 RESOLUTION 5802 •-J .. ? ~-~=, -~~ RESOLUTION OF THE COUllCIL Of THE CITY O• PALO .~LT~"' AUTHORIZING CANCELLATION OF A PORTION OF AN AGRIC C TURAL PRESERVE WITHIN 1lfE CITY Of PALO AL TO TO PE c;; MIT RESTORATION OF THE VETERAN'S MEMORIAL. BUILDINCQ~~ (LELAHD STANFORD JURIOR UIC!VERS!TY) I_~ WHEREAS, the City Council, on February 26, 1973 passed ResoR.t10n 4~ l': establishing an agricu1tural perserve within the City of Palo Alto authorizing the execution of a Land Conservation Contract with Leland Stanford Junior University; and WHEREAS, the Veterans Memorial Building is located on a portion Qf the agricultural rreserve established by Resolution 4709; and WHEREAS, the Veterans Memorial Building fs registereu historic building and is currently in an unsafe condition; ~nd WHEREAS, an economic use of the building is required to rehabilitate the Veteran's Memorial Building and such use is not ·n confonnance with the land Conservation act of 1965; - NOW. THEREFORE, the Council of the City of ~alo Alto does hereby RESOLVE as follows: SECTION 1. The City Council hereby finds that: A. the partial cancellation of the agricultural preserve for the purpose of preserving the Veterans Memorial Building will not be inconsistent with the land Conservation Act of 1965 or amendments thereto; an1 8. the partial cancellation of the agricultural preserve for the purpose of preserving the Veterans Memorial Building will be in the public interest. SECTION z. The agricultural preserve established by Resolution 4709 of the C1~ Council of the City of Palo Alto shall be cancelle-j as tu that port.ion of land descr1bed in the attached Exhibit A and the Mayor shall be authorized to execute the attached Partial Cancellation -Unifonn land Conservation Contract upon satisfaction of the conditions set forth in the May 4~ 1979 Option Agreement between William O. Cox, Junior and the City of Palo Alto including payment of any cancellation fees re"1ired by the land Conservation Act of 1965 and anendments thereto. · SECTIOM 3. The Mayor is hereby authorized to exe<:ute any docllllt!!lts or ~, certificates required to implement the above or which may be required by law. ' -. ... .... .... .. ' e F 442 ri~: 708 SECTION 4. The City Clerk 1s directed to perfonn any act necessary for the attestaticm of the contract and filing of this Resolution and of any doc1J11ent or certificate relating hereto as may be required by law. INTRODUCED AND PASSED: June 9, 1980 AYES: ~yerly, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon NOES i ,NGHe . . -. - ,PS~~TIOttS~· ·"-Nim,e . ···~ . ' . . "' ("" APPROVED: ~ e--.C<IO / #na ,e I 1lfll CZJo ayor STATE OF CALIFORNIA; COUNTY OF SANTA CLARA: ss. On ::iM+v 7. 19-lO ~ before""• tht undersigned, a Notary Public in and for safd County and State, personally appeaNd.&l'ft?I ,61'€Nl.)€4..f!#, known to mt to be tht /22dytJI! of the City of Palo Alto, the mun1c1pa1 co..,orat1on thlt executer'. the w1th1n 1nst1'1111nt on behalf of said 11&m1c1pa1 corporation, '"d acknowleclled to .. that said mun1ctpa1 corporation executed the •-· . , Vl111ESS "" hand ind off1e11l 111\, . £ ? . • OFl'lCtAL sEAL J;%.p~~unG 1na SHIRLEY J POITRAS State . NO'l'Af<Y PUBLIC ~ CALIFORNIA 1 SANTA CLARA COUNTY ' ~ comm. MPires AUG 2, 1983 ,,__--~~.c.------------------ e . F 442 f'.!E 7C9 PARTIAL CANCELLATION -UNIFORM LAND CONStRVATION CONTRACT This PARTIAL CANCELLATION AGREEMENT is made this day of · , 1980 by and between the CITY OF PALO ALTO, a municipal corporat1on, hereinafter referred to as "CITY" and THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a bodyt having corporate powers under the laws of the State of California, hereinafter referred to as "UNIVERSITY". RECITALS A. CITY on February 26, 1973 passed Resolution 4709 placing property owned by UNIVERSITY and leased by CITY in an agricultural preserve subject to execution of a Unifonn Land Conservation Contract. s. CITY, on February 27, 1973, entered into a Uni fonn Land Conserv, t ion Contract, hereinafter referred to as "CONTRACT" subject to the provisions of Chapter 7, Part 1, Division l, Title 5 of the Government Code (California land Conservation Act of 1965) pursuant to the above Resolution 4709. C~ The Veterans Memorial Building~ a national registered histo~~ic building, is located on a portion of UNIVERSITY'S property placed within the agricultural preserve. Said building is currently in an unsafe condition and restoration of the ~tructure will require an economic use not compatible with the agricultural preserve or the pennitted uses set forth in the CONTRACT. O. UNIVERSITY and CITY mutually desire to amend the CONTRACT to delete a 1.0865 portion of OWNER's property to permit restoration of the Veterans Memorial Buildiny. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. That portion of UNIVERSITY'S property described in the map labeled Exhibit A' and shown in Exhibit B~ which exhibits are attached hereto and made a part hereof, is hereby deleted fran the CONTRACT. SECTION 2. CITY and UNIVERSITY shall each take whatever additional actions are necessary to remove the property described in Exhibit A1 fran the agricultural preserve established by CITY's Resolution 4709 referred to in the recitals above~ Hv.evers UNIVERSITY shall not be liable for any cancellation fee resulting fr(111 such partial cancellation. SECTION 3. All other terms and conditions of the CONTRACT shall remain the same. F 442 ?!i:;: 71.0 IN WITNESS WHEREOF, the parties hereto have executed this agreement. ATTEST: City Clerk APPROVED AS TO FORM: Sr. City Attorney REC0""1ENDEO F~ APPROVAL: CITY: City of Palo Alto a Municipal Corporation Budget Jnd Resource Management/Real Estate Division Real Property Administrator Planning and C0111T1unity Environment Director Planning and C01t111unity Environment LEGAL DESCRIPTION APPROVED: Public Works Engineering UNI VERS ITV: The Board of Trustees of The Leland Stanford Junior University By TIVITic_e_P-re_s_,i,...,dr-e-nt,_.....,f,.....o_r_,B .... u-s ..... in_e_s_s_a_n_d Finance • F 442 P•S: 711 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA ss: On * before me~ the undersigned, a Notary Public in and for said County and State, personnally appeared , known to me to be the of the City of Palo A1to, the municipal corporation that ~~~........--..-~~----~ executed the within instr1.111ent on behalf of said municipal corporation, and ack- nowledged to me that ~aid municipal corporation executed the same. WITNESS my hand and official sear .. Notary Public in and for said County and State STATE OF CALIFORNIA, COUNTY OF --------ss: On this day of • 19 , before me, a Notary Public in and for said County and State, personnally appeared , known to me to be the Vice President for Business and Finance of the hOdy having Cor- porate Powers that executed the within I nstrtr.1ent,, known to me to be the persons who executed the within Instrl.Jllent on behalf of said body having Corporate Powers and acknowledged to me that such body having Corporate Powers executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. EXHIBIT A l' • e RECORDER'S MEMG t=-AJNT w"mNG OR TYPlf9 ~M eAflt90N COPIES MAiCm9 ~~II!··--- e F 442 :'!SE ?12 Al 1 thnt real property in the City of Palo Alto, County of Santa C 1ra, State of California, de•cribed as follows: C()l\1ME:1CUIG at the intersection of the southwesterly line of the S0u i-hern Pacific Railroad Company's right-of-way, 230 feet in wL' th, (._a1 described in that certain easement of Leland Stanford CJ the Southern Pacific Railroad Company, dated november 23, 1892, <'Pd recorded October 28, 1915. in Vohmte 435 of Deeds at page 244, Sant• Clara ~oun~y Kecords, in which the bearing of said line is called north si• 28' West. which line i1 also the aouthweaterly lin• of that certain easement (Palo Alto Agreement No. 224) JTanted by the Southern Pacific Railroad Company to the City of Palo Alto hy Ap,reement dated October 2t 1939, and recorded Uovember 27, 1939, in Book 954 of Official Records, page 567, Santa Clara County Records), with the c~nter line of University Avenue produced south- westerly, •• said University Avenue exists 75 feet in width (said intersection being the most easterly point of Parcel 1 as described in that certain lease of the Board of Trustees of Leland Stanford Junior University to the City 0£ Palo Alto (Palo Alto Lease No-.-3) dated June 10. 1915, and recorded by Stanford University on September 23, 1915, in Vol P of Leases at page 333 et &eq., Santa Clara County Records. in which the bearing of said line is called North 51• 45' West); thence North 51° 41• 59" \fest along said southWt~sterly line a distance of 467. 50 feet to the intersection .~r sai,f line of right-of-way with the center l!ne of Lytton Avenue (i>rolonged); thence South 33° 58' Ol" llest along said center line of Lytton Avenue {prolonged), a distance of 81.00 feet to a point on th~ southwe3terlymost line of Paree·,_ tfo. 2, City of Palo Alto A~rcem~nt No. 46. dn.ted Oc t('her 2, 1939, and recorded October 30, 1939, in Bo(1k 9 51 of Of fie ial Q..ecords. riage 53(). Santa Clara County Records; thence 5outh .Jl 0 41 1 59t East along said south- westerlyrmst line a distance of 25 feet to the Moat northeasterly point cf that certain lease of the City of Palo Alto to the Palo Alto Area Chapter of the Amu~ican Uational Red Cross on December '2.:1, 1976, wht,~h point is the true p.--.int of beginning; thence South 51° 41' 59" East, along afort!said aouthwesterlymost linet a distance of 34 '>l fct:t; thence along the arc of a curve to the left having a radius of 11.f35 feet throueh a c~ntral angl~ of 90° for an arc dist •. mce of 21. 42 iet!t Lo ttu~ beginnin~ of a reverse curve to the ri~ht having a radiuti o! 13.635 feet throur,h a central angle of 90 for An arc distance of 21. 42 feet; thence South 51° 41' 59" Ea~t for /1 di&tance of 122.41 feet; thence along the arc of a curve to th~ rifbt having a radius of 75.00 feet through a central angle oi 87° 29 32° for an arc distance of (')114.53 feet to the beginning of a revaree curve to the left having a radius of 300.00 feet through a central angle of 14° 37' 42" for an arc distance of 76.59 feet to the beginning of a compound curve to the left having a radiua of 60.00 feet through a central angle of 13• 25' 29" for an arc distance of 15.61 feet; thence lforth s1• 41' 59" West a distance of 329.02 feet; thence Horth )8• 58' 01" East for a dieitanc• of 135. 00 feet to the true point of beg:inninga containing an area of l.0865 acre•. more or leas. , ,·. ·,...·_...,. __ ....._ _____ ·~-------..... ~ -· ..... --~ .... E I • ALMA . STREET Ll!R TRACK • I I I SOUT~ERN PAClFIC CO. .. ' • -. . ~ ! ' ....... 1 -.,,,, .• Ill. ' .. , _ ........................ _...:.-___________ ,,,__~ ~~~ ----..., EL CAMINO REAL ~ l'ortion to 1Ma ~ cU.aoonttaua4 .... UO.M --. ... . . ~­\ ' .... . .. ....