HomeMy WebLinkAboutRESO 4706". :. ,~ .
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RESOLUfION NO. 4 706
RESOLtrrlON OF THE COUNCIL OF TifE CITY OF PALO ALTO
F.STABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY
OF PAW ALTO AND AtrrHORIZING THE EXECUTION OF LAND
CONSERVATION CONTRACT (WILLIAM H. AND PATRICIA M. SMITH)
WHEREAS, William H. and Patricia M. Smith are owners of land in the City of
Palo AJto, Santa Clara County, California, and have applied to have such land designated
an qricultura! p~rve 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 rec.eived and remwed the report of the Director
of Planning concerning the request to establish this preserve and hereby fmds that the
establishment of this preserve is consistent with the General Plan of the City of Pal<>
Alto, and further rmds that the establishment of this preserve (which includes an area
of approximately 8.722 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 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 compttatively small holdinp and an imposition of 100 acre size on agricultural preserves
would unreasonably prevent the maintenance of land in an aaricultural or rural status.
2. The terrain is such that the appearance and substance of an agricultural or rural
environment would be maintained on pucels of less than 100 acres.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The area descnl>ed in the attlched EXHIBIT "A" is hereby designated
and established as an agricultural ~e under tbe proyilions of the California Land
Conservation Act of 1965 ("Wil!iamll'>n Act"), subject tO the policies and Nies heretofore
and hereafter adopted by the City Council.
' SBCTION 2. The Land CoDlenation Cootract, a copy of which ii attached hereto,
is approved and the . Mayor is authorizGd and directed to ~xecute tile rontract on behalf
of the City. · ·
SF.CTION 3. the City Clerk is direet-.d to perform any act Mi'emry for .the
attestation of the contract and the filiDa al • copy of tllil rmolution and or the Contract
in the Office of the County Recotder of the County of Santa Cara and such other filinl&
Filed for Record Feb. 28, 1973.
No. •461235, Official Record•
of Santa Clara County, Calif.
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and acts u · a.re required · by law.
INTRODUCED AND PASSED: February 26, 1973.
AYES: Beahrs, Berwald, Clark, Comstock, Henderso~, Norton, Pearson,
Rosenbaum, Seman.
NOES: None.
ABSENT: None.
ATIEST: a.v..1.:1. ....w.. 0Xl:l>~.
Mayor City Ccrk .
APP~ ASTO ..'.lft; CJ"'~. ._1
City Attorney
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APPROVED:
~-DifCCt-o o-f Planning-. -· _M-ls:-r
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property situated j.n the County ot Santa Clara and the
·county or San Mateo, State of Calit'ornia, more part1citfar:../
de$cribed as follows: \
\ COMMENCING at a granite monument at tile
· ~ corner common to Sect!.ons 23, 24a 25 and 26,
Township 7 South, Range 3 West, Mount Diablo
·. ·base & Meridian; thence fr.om aa.1.d point of
commencement North 87° 57 4 50" West along the
. . line dividing. said Section 23 and Section 26,
l, 768.4o feet to a 1-1/2 inch iron p:tpe; thence
on the arc ot a curve to the left (a radial
bearing t"rom said l-1/2 inch iron pipe bears
North 89° 45• 11 11 West) with a ra.dius of l,400
feet, through a central angle of 20° 15* 19"
tor n.n nrc dioto.nce of 494.93 feet; thence
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. tn.ne;cnt to mud lo.at-mnnt1oncd c,urvo north
20° oot 30 1' West 724.71i :feet; thence on the
.· __ . __ arc _of a_ to.ngent eut:Ve to the lci't with a
. :~ , radius of l,~00 :feet, through a. central angle
ot 7° 38 1 22 1 for ttn arc distance of 253.33
feet to the true point of' beginning of the
parcel_to be described;
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'l'HENCE FROM SAID TRUE POINT OF BEGINNmG along
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.a line i·adial to said last-mentioned curve
South 62° 211.' 08'1 West 850.00 feet to a point
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. on the Nortbe~terly line or Skyline Boulevard
{being 100 teet wide)J thence along said
Northeasterly line ot Skyline Boulevard on the
arc or a curve to the left (from ·which &aid
last-mentioned course ia rndiAll vi.th a radius
ot l,050 feet, through n centra1 nngle ot
17° 21 1 Jn" tor o.n arc distance or 318.20 £eet;
·,-. : thence leaving Skyline Boulevard on a 11ne
~ .. ""' : . radial ·to Se.id last-mentioned curve North
44° 59' 21•r Ea.at 850.00 feet~ thence on the
arc or a curve to the right ~from wh1ch said
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last-mentioned course 1s radial) with a
radius ot 1-900 feet, throu&)l a central
angle or 17' 2l.1 47" tor an arc length or 575,78 feet to the true point ot
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beginning. ·
COM!l'AilfINo s.122 &crea.ot land~ mor~ or~ens •
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• ... " " UNIFORM LAND CONSERVATION CONTRACT
. This is an agreement between the CITY OF PALO ALTO, a municipal corporation of the
State of California, hereinafter called "City," and-----------------
~ \ w_, ~ \'\:\ \..\ i °\)S\ ~\t..\ i\ \\\ . ·), tt).L\\-\1.....:..lo.-------
hereinafter called "Owner."
WHEREAS, Owner P-OSsesses certain real p'.'operty 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 he.reto and made a pa.rt hereof; and ·
WHERE~S. 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 agricultura!
and compatible uses; and ·
WHEREAS, the parties have detennined that the highest and best use for the property during
the term of this contract, or any renewal theROf, 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 punuant to Chapter 7 (commencing with Section S 1200) of
-r~~ t~ i ~ n:~·~;.i~;: -: : .. ·.~ T:t!e -~ -_i--f-t!'.i:: _ -(;~::~~ :irr1~f: ! --c,-~._::~-i-·-· ::.l~~.:.f.-.: fs-· 1:-··_ ·--:l~~7!J: -~~ ---d~~ C;5~;f C:itii-L;'-i!tl ~
·come .. .'3t~.in ·:-~~t of 1965;heteiiUi1lt~~ ~e-d ".~ct. i<ftiis:~rtWt~f j_j-SIJbj~ct to ~l-of Ut~ piovisions·
of the Act and City Ordinance No. 11 ·l· ~ 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, relevant sections
of the Revenue a.'ld Taxation Code. as amended in 1971, and Article XXVlll of the California
Constitution; and that he has read and understands the provisions thereof.
2. RESTRICTION ON USE OF PROPERTY.
During the tenn of this eantract, and any and an n:newals thettof, the property described
in Exhibit B shall not be used by Owner, or Owner's successors in intere~t. for any use other
than those agricultural uses and compatible uses which 3le determined by the Council of the
City of Palo Alto as the qricultural and compatible uses pennitted in the preserve in which
the land is locatt.~ A list of all sudl compatible uses is set forth in Exhibit A. attached hereto
and by this reference incorporated hetein. 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 the
list of compldbJe uses which shall be unifonn throughout the agricultural preseJYe in which the
property in Exhibit Bis located; provided, howevrr. City may not during 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 which are set forth in Exhibit A. The provisions of this contract
an~ any uniform rule supplementinJ the list of compatible uses ~ not intendC?d to and shall
not limit oi supersede the planning and zoning powers of City.
3. . TERM OF CONTRACf.
This contract shall become effective on the date of execution and shall remain in full force
and effect for an initial tenn of ten years. The initial term of ten yean shall be mea!Ured
County Assigned No. 73.907
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comn1encin~~ as of the first day of January next succeedinl! the date of executi1>n if the date
of execution is between March 2, 3nd Dec-:mber 31. The initial term of ten years sh:iU be
measured commencin~ as of the first day of January of the year of execution if the dat~ of
execution is between January 1 and March I. Each succeeding first day of January shall be
deemed to be the annual renewal date of this contr3Ct This contract shall be renewed on each
succeeding January I and one :iddititlnal year shall be added automatically to the initial term
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 t-ontract, that party shall 5erve
written notice of nonrenewal upon the other party in advance of the annual renewal date of
this contract Unless such written notice of nonrenewal i$ served by Owner at least 90 days
prior to the renewal date, or by City at least 60 d;ys prior to the renewal date, this contract
sh.all 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 51-.all remain in effect for the balance of the period remaining since
the original execution or the last renewal of this contract, as the case may be.
S. NO COMPENSATION~
Owner :;hall not receive :in} .i>ayment from City Jn consideration of the o1>Hgations imposed
under this contract, it being recognized and agreed-0 that ibe ronsid.eration -for ta"le e~ecutio~ o( -
this contract is the substantial benefit to be derived therefrom.
6. SUCCESSORS IN INTEREST.
This contract and the restrictions imposed hereunder shalt 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 any such
action by the owner of a parcel created by the division of land described in Exhibit B shall
not be imputed to the owners of the remaining parcels an~ shall have no effect on this contract
as it applies to the remainins parccls of the divided property.
7. CANCELLATION.
This contract may be cancelled ar.d a cancellation ·fee imposed pursuant to the applicable
provistons of the Act
8 NOTICES.
All notices required or pennitted by this conttact, inctudina 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
penon 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 94301
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COMi· ~. :IBLE 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,
stonr. and sanitary sewer, communication, transportation, traffic control and fire alarm
lines. structures, works; improvements, systems and facilities; (iii) pubJic uses, buildings,
structures, improvements, parking 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 L'ld 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 DETERMl:t-.'ED COMPATIBLE BY THE ACT.
The location or_ c0nstructio11 :or _the following types of improvements which have been
detennined by Government Code Section 51293 of the Act to be compatible with or to enhance
land within an agricultural perserve:
(1) Public Works required for fish and wildlife enhancement and prcserntion.
(2) Improvements for the primary benefit of the land within the preserve.
C. "Apicultural use" (but excluding "recreational use" and "open space use") as defmed in
the California Land Conservation A.ct, Government Code Section S 120 l(b}, and excluding
the meaning ascribed thereto in Government Code Se.:tion SJ 205; unless the City Council
finds after notice and hearing that such agricultural use is not compatible with the agricultural,
recreational or open space use to which the land is restricted by contract.
D. "Recreation! use" as defined in the California Land Conservation Act, Government Code
Section S 1201 (n); unless the City Council fmds after notice and hearing that such recreational
use is not compatible with the agriculture!, recreational or open space use tc;> which the
land is restricted by contract.
B. "Open space use" as defmed in the California Land Conservation Act, Government Code
Section Sl20l(o); 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 !Utricted by contrac .. ;
F. Uses pennitted by the regulations of the 11 0..S Open Space District," "F Aood Plain District,"
or "P~F Public .Facilities District," provisions of the zoning ordinance of the City.
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Notice to Owner shall be addressed:
Address ~\.~'\\~ G~~'l' \\C\~~£. \~~\\_
City and State ~~\'l\\~(-:\1J\-) \'\ \~\\. \.\~CJ~'\
JN WITNESS WHEREOF the parties hereto have cau~d this contract tQbe executed: by Owner
on t-ic~f:-+,,(3.6\! "•'°1"lk andbyCityon -Z.t~!/ >R, 1f.j..J
CITY OF PALO ALTO, a
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O~'NER
AITEST:
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Notcry Public; Wa·!rie County, M;.., ..
My c»nvnission expiresJ.an. 30, 1973
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. _ .. , · -. ·, "1.1 that certain real
property situated ~n the County or Santa Cla.ra and the
County of San Mateo, Sto.te ot Ca.J.1forn1a, snore particu+ar:..:'
\ de~cr1bed as follows:
\ COMMENCING at a granite monument n. t ti'le
corner co~.mon to Sections 23, 24, 25 and 26,
Township 7 South, Range 3 West, Mount Diablo
·. ·base· & Meridian; thence from said point of
commencement North 87° 57 1 50 11 West along the
line dividing said Section 23 and Section 26,
l,768.40 feet to a 1-l/2 inch iron pipe; thence
on the arc of a curve to the left (a radial
bearing :from said 1-1/2 in~h iron pipe bears
North 89° 45 1 11" West) with a radius of 1,400
feet, through a ccntro.l angle of 20° 15' 19 11
. ·: fnr r..n· n.rc tl:fn tll.n~ri or· :,94-. 93 i'ect; ttJcncc --
tni1e;cnt to :mid lnat-mnnt1oncd curve Uorl;h
.. 20° 00 1 30 11 West 721i.7Ji t'cct; thence on the
______ arc _of a tangent CUt"YC to the lci't with a.
_ .; · -. radius of l,~00 feet, throur)} a central angle or 7° 38 1 22' for an arc distance of 253.33
feet to the true point o:t beginning of' the
parcel to be described;
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THENCE FROM SA.JJ) 'l'RUE_J;>OINT OF BEGINNING a.long
.a line radial to saf~·1ast-mentioned curve
So~th 62 ° 21 1.' 08" West 850. 00 :feet to e -point
.on the Northeasterly line ot Skyline Boulevard
(being lOO feet wide); thence along said
jortheasterly line of Skyline Boulevard on the
arc ot a curve to the le:tt ( :trom which said
last-mentioned courae is radial) with a radius or 1,050 roet, through a ccntra.1 n.ngl.e ot
17° 21 1 47" tor c.n arc distance of 318.20 reet;
<·= thence leaving Skyline.Boulevard on a line
radial ·to said last-mentioned curve North
44° 59' 21° Ea.st 850.00 t'eet; thence on the
arc of' a eurve·to the r1ght {f'rom which sa.id
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last-mentioned course is radial) with a
radius 0£ 1i900 rcetJ throuC}l a central
angle of 17 21 1 47" tor an a.re lengtl'l
ot 575.78 ~eet to the true point of -
beginning. ·
CONTAINING s.722 acres or land, more orions, ,.
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