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HomeMy WebLinkAboutRESO 4707I I ~ . .. . , .. \ ' RESOLUTION NO. 4_10 7 RESOLlITlON OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING THE EXECUTION OF LAND CONSERVATION CONTRACT (IRENE V. AND SHARON L. FOGARTY) WHEREAS, Irene V. and Sharon L. Fogarty are owners of land in the City of Palo Alto, Santa Clara County, Calif omia, and haYe applied to have such land designated an agricultural preserve under the provisions of the Land Conservation Act of 1965, and -- have submitted a oontnct executed ty them as owners acceptable to the City Council; and WHEREAS, the City Council has received and reviewed the report of the Director of Planning concerning the request to establish this preserve and hereby finds that the establishment of this preserve is consistent with the General Plan of the City of Palo Alto, and further fmds that the establishment of this preserve (which includes an area of approximately 147 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: I. Historically, agricultural and rural operations in the area have been conducted on comparatively small holdings and an imposition of I 00 acre size on agricultural preserves would unreasonably prevent the maintenance of land in an agricultural or rural status. 2. The terrain is such that the appearance and substance of an qricultural or niral environment would be maintained on parcels of I~ than 100 acres. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The area described in the attached EXIHBl T "A" is hereby designated and established as an aariculturaJ preserve under the provisions of the California Land Conservation Act of 196S {"Williamson Act"), subject to the policies and rules heretofore and hereafter adopted by the City Council. SECTION 2. The Land Conservation Contract, a copy of which is attached hereto, -is approved and the Mayor is authorized and directed to execute the contract on behalf of th~ City. SECTION 3. The City Clerk is directed to perform any '9.Ct necessary for the attestation of the contract and the filing of a copy of this resolution and of the contract in the Office of the County Recorder of the County of Santa Clara and wch other filings Filed for Record Feb. 28, 1973. No. 4461236, Official Record• of Santa Clara County, Calif. -.I ~--.. and acts as are required by law. INTRODUCED AND PASSED: February 26, 1973. AYES: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman. NOES: None. ABSENT: None. ATTEST: fhw,, /:~~ City Oerk p ~:~ APPROVED: . (J ~ Ci~~ APPROVED: ~-bl:·~ -2 • APPROVED: 0llu4v~& Mayor ;.. ....... .,_._ ~· .. ...... --·~ ... \ 'I ...... All th~~ certain rGal orc~~~tv situated solelv in the Countv of s~~t~ Cl~r~, s~ate of Callforni~ ocscribed ~s-follcws: • The !\orthcD.st one-qi:.arter of the Northeast one-quart~::-; the West 1/2 of the northeast l/'; all that portion of the North one-half of the Northwest one-c_:·l.lartcr thc:.t lies r:c:.ste::::ly of the Easterly line of the Skyline Boulevard (State Highway) as the same is desc:cibecl in the Deed fro:n ~dwin P. Alberts\>Jorth, et ux. , •to State of Celifornia, dated Kovember 27, 1938, and recorded Fe~r~ary 1, 1939, in Book 911 of Official Records, at page 508, Santa Clara County Recorcis; and all that portion of the Southeast. one-quarter of the North~.,.est one-quarter, the Northeast o:'le-quarter of t:ie Southwest one-quarter and the Northwest one-quarter of t..'1e Southeast one-qu~rter, lying Northerly and Easterly of the Skyline Bouleva~d, California State Highway, all being in Section 26, T.7S.R~ 3W. M.D.B. & M. Excepting from the above dascribed property all that portion thereof conveyed by Alfred F. Dalmon to Albert P •. _.-~alrr.on, by Deed dated July 7, 1948, in Book 1653 of Official Necords, page 586, Santa Clara County Records., and being describea as follows: Com.~encing at a point, said point being the center of Section 26, T. 7S.R.3W., M.D.D. & M., thence Northerly along the Easterly line of Southeast 1/4 of t.'-ie Northwest l/ 4 of said Section, N. 17 1/2° E. 23.40. chains to the Northeast corner of said southeast 1/4 of the };'ort:1west 1/ 4 of said Sect.ion 26; thence fro::n said last point Sout.;easterly in a straight line to the Southeast corner of the .Sout..~west l/4 of the Nor~heast 1/4 of said Section 25; the~ce Southe~ly along th~ dividing line bet.ween the No=th'!...;est l/~ of tJ1e Southeast 1/4 and the Nor~~east 1/4 of the Sou~~aast 1/4 o= said Section 26, approximately 6(0 feet to the Northeasterly line of the Skyline Boulevard; thence No!."t..111.-1csterly along the said ~o:;:th­ easterly line of the Skyline Boulevard to the point of intersec~ion thereof with the Westerly line of the Northwest 1/4 cf the scutheas-t 1/4 of said Section 26; thence Northerly along the said Weste=ly line of the Nort~west 1/4 of the Southeast 1/4, approximately 150 feet to the center of said Section 26, and t.~e point of co:runenca~ent containing approximately 29.72 acres of. land •. Also excepting from the first.above described parcel of land that . . " portion thereof described as follows: Beginning at the point of intersection of the Northeasterly line of the· Skyline Boulevard with t..11.e Westerly line of -the Nort."lwest 1/4 of t..~e Southeast 1/4 of Section 26, Township 7 South, Range 3 West, Mount Diablo Base and Meridian, said point of beginning being also the Sc~thwest corner of that certain 29.72 acre parcel .of land conveyed by Alfred F. Dalmon to Albert P. Dalmon, by deed ~ated July 7, 1948, and recorded July 28, 194S, in Book 1653 of Official Records, at page 585, Sa~ta Clara Co-unty Records; running thence along said Northeasterly line of the Skyline Boulevard Northwesterly 16 5. 00 feet; t."lence running parallel to the first course in said Dead to Albert P. Dalmon N. 17 1/2° E •. 200.CO feet; thence running at right angles therato S. 72° 30' E. to the poir.t of ir..te::-section thereof wi tb. saia Nort.&'1~·.'esterly line of the 29. 7 2 acre parcel;.thence running along said last na.~ed lines. 17 l/2° W. to an angle point therein at the center of said section 2~: thence running along said Westerly :ine of the Northwest 1/4 of t;-.e Sou~heast 1/4 of Section 26 Southerly 150 feet, more or less, · to the point of beginning, and being a portion of said Section 26, T.7S., R. 3W., M.D.B. & M. Exc~pting f~om all of the foregoing t.~ose certain parc~ls containing .023 acres and .020 acres located within the Coun.tY of San :·:ateo. ~-x /I~. I· t • • Rt·.cE•·.·Er~ . . ............ ..... "''T"' 0r: . .,,. ,1 , ... , v UNIFORM LANt5 1 CONsERV.~TION CONTRACT This is an agreement between the ct'rJ PF i>,\i;o: A~rd? a municipal corporation of the State of California, hereinafter called "Cit)·," and IRENE 4V. FOGARTY and SHABON L. FOGARTY CIT'I' CLEW('S Ol"rlC.c. hereinafter called "Owner." WHERFAS, Owner possesses certain real property located within the C!ty 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; and WHEREAS, the property is located in an agricultural preserve heretofore established by City~ and WHEREAS, both O~ner and City desire to limit the use of the property to agricultural and compatible uses; and WHEREAS, the parties have detennined that the highest and best use for the property during the tenn of this contract, or any renewal thereof, shall be for agricuftural and compatible uses. NOW, THEREFORE, City and Owner agree as follows: l. 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 I, Division I, Title S of the Government Code, which is known 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. ?fcl 3 including any amemhnem.s 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 and Taxation Code, as amended in 1.971, and Article XXVIII of the California Constitution; and that he has read and understands the provisions thereof. 2. RESTRICTION ON USE OF PROPERTY. D\lring the term of this contract, 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 agricultural uses and compatible uses which are determined hy the Council of the City of Palo Alto as the agricultural and compatible uses pennitted ju 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 hereui. 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 unifonn throughout the agricultural pRserve in which the property in Exhibit Bis located; provided, however. 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 or this contract and any uniform rule supplementing the list of compatible uses are not intended to and shall not limit or supenede the planning and zoning powen of City. 3. . TERM OF CONTRACT. This contract shall become effective on the date of execution and shall remain in full force and effect for an initial term of ten yean. The initial tenn of ten y~an shall be measured ) I ·a .. commencing as of the first day of January next succeeding the date of execution if the date of execution is between March 2, and December 31. The initial term of ten years shaU be measured commencing as of the first day of January of the year of execution if the date of execution is between January l and March I. Each succeeding first day of January shall be deemed to be the annual renewal date of this cont.act This contract shall be renewed on each succeeding January t and one additional year shaJJ be added automaticaJJy to the initial term unless notice of nonrenewal is given as provided in paraiUCIPh 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 nonrenewaJ upon the other party in advance of the annual renewal date of this contract Unless such written notice of nonrenewal is served by Owner. at least 90 days prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract shall ht: 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 shall remilin 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 shall 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 succe~rs in interest of the Owner. Whenever any .of the property described in Exhibit B is divided, the owner of any parcel may exercise, inde~ndent 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 nonrentwal 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 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 penonal delivery or sent by United States Mail add;essed 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 p.>st office or any post office box regularly maintained by the United States Government. Notiec tc the City shall be addressed: City Qerlc City of Palo Alto Civic Cent-er 250 Hamilton Avenue Palo Alto, California 9430 I ' -. . . ' .,, •, Notice to Owner shall be addttssed: v. Name: Irene 1· Fogarty and Sharon L. Fogarty Addreu c/o 18 St. Mary's Place City and State Redwood City, California 94063 IN \\'~ESS WllE~EOF the parties hereto have caused this con~t toJ>e executed: by Owner on "-c.!-:-t..,,__.,,. n-; , 'l 7 ,_ and by City on~ .....r, , [Z3, . . CITY OF PALO ALTO. a mu~icJal corporation, B:1k .. (2l)1 i) c l-d -t~. Mayor OWNER ATIEST: _aw,, .l}.~. City Clerk {;T . . ~AS~,A -~~ ______ .fitv .A.u--· . ---. --.. . . ------, ........ ---··--~---...t..----...--·----------.......... ---~------~- -... ro .-. to k dte ,.,...... _ __.... ~ i S ~ ro die .UU.. in#JWlll -~-.. --s.-t!S'Qlellie ....... IN Flf'NESS FHEREOF I A.N Mtffldc) "' ~ ltfl1s4 ad al~ _, o#idol lffl Al tM C...,, ol,.. /?< ,._ /Ljd,.{..(.,.~--...14e "'1 ..C year ill iAU ~ ,,,, ... lllll'i#o. . 1 ~"'o"':'~,, ................ --==......_ I ~ y'-·. ~ ~ . HEL!:NtFERRETI'I i i j .. : -·.r-f'OT~;_ P~n~ -:-. CALIFORNIA I I l &. ' _,IJ •.• l..L?,;L C.rfrE IN -I :I ····"' SA.\; ;,L\l£0 COUNTY 5 i i M.y Comtaisdon Expires bnuilry 23 197'6 1• ia-=rMstr"Du11m1uw • . . ...............11111& .. I ..... ••· H•I HHllAL &CHe.UH•CST •111'1 VAU.&'f """ """'' ... ...,. ---·-- d ~ . . /,/. ) _ /J . :<.'4 u ?1,,/ >-<J .... ~-c.t..·J.L '-.;;::::' __________ _ Notary PDWie. Seate of California. lly c ....... ~ -.2.3 -:.21:.. ____ _ • • • • COMPATIBLE USES A. PUBLIC AND PUBLIC U'J'ILITY USES. (1) The construction, reconstruction, inst:illation, re-installation, removal, alteratioo, repair, maintenance and use of; (i) public streets and street improvements; (ii) public water, stomi and sanitary sewer, communication, transportation, traffic control and fire a!, •• 1 lines, structures, works; improvements, systems and facilities; (iii) public 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 antenr.as, transmitters and inc;dental facilities related thereto; unless the City Council finds after notice and heanng 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 location or construction of the following types of improvements which have been determined by Government Code Section S 1293 of the Act to be compatible with or to enhance land within an agricultural perserve: (1) Public Works required for ftsh and wildlife enhancement and preseri'ation. (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 Section S l 20l(b), and excluding the meaning asaibed thereto in Government Code Section S 1205; unless the City Council fmds 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 120 l (n); unless the City Council finds after notice and hearing that such recreational use is not compatible with the agricultural, recreational or open space use to which the land is restricted by contract. E. "Open space use" as defined in the California Land Conservation Act, cr::;verrunent Code Section Sl20l(o); unless the City Council fmds after notice and hearing that such open space use is not compatible with the agricultural, recreational or open space ust to which the land is restricted by contract. F. Uses pennitted by the regulations of the "0-S Open Space District," .. F Flood Plain District," or "P-F Public .Facilities District," provisions of the zoning ordinance of the City. 1111:• .. •••. ----------~-. -. ---:"E~F.~~~~P"", ~y-.~~~~~ --·,~-. -58""'"Ac.,.:-.. -. -::::::::::.:o:_:.-.. -. -'°'-,-.-=:!=.-;---, --=,,:-----::,..::.,,.-_.:-:.-:'..~:'"'.:. ~ ... :: • .,..-:! =;:~ .. =--~~-~---"-''-. :..-. -;-.--------l---~-----~:!;;,--.--~t ;~ . I,.~ ~ --~ ~ .. ~ . ' I © ~ ... :~·. ,i ' ~ Z l 1~.t PCL. A, \7 ,... ... ""-~ !i SKYL1tH: BLVC.y._ I ~· I !:if~ ~ "'~ DIS ""'9~1 _.. '2i4'20, -r E ?•~ 14 M '45~.7~ c· 1091'2 (! 1~U I tt· ~'lll p }4194 !t'll75 Q ~--10715 ... 7<9 R @;e ~t ~ n~ot s 91~.-r! -M '40.7S T l~U7 l ... ,~--.~ ... llt.35- J )24 il V !j()j~I l( UM-w1mN I L...!....: 21u1 x m'!_ 1 S-i , ... i9!!C "l2·'B1 ;oeu1 1· I , '27-iSC 'l4-c 4U4-! 73.76 Ac!; : "\. l' -r ;2 • \ A: ~ (' 0 ~ -i. ..>., I ...... , L ... - ~ \ . ' ,.....)'\ ; ... ~ ~ .. '. ~< <o .{_ :.. I . ( 157. 31 Ac !) \_ I lS750Ac. ' ·~:-,r. -,'2-0-Ac.-...,,.,=,.·,,-,u~-__..;.· 2f f (<1000 Ac) I . ; I 1'f7·71 A~ I I ~1 ,. r:-. ... = ... \' ·. ,f . , _ . (~o.s. 191 -M-21) '.-.,,, F · I ' :~'iff--J-__1' i 3t7. 38 At. roTAI. I I I . ./ .... 1 i I f, • ¥.R~:~· ;: ~, I -_ _;, ___ ---~~ "'=f;_..1...1 __ ,,._-'__:~~-~----L _______ Ntr:> '24 19 ·c ·2·.-~· ~; ---'-'------_..... __ ,. •. f '25 30 :,. l ~-\ 'j I z':{ ·'., . 'f 1100~ Ac.. / ~'.•.·:~: ----_-------. ,----~ --------- . . -......_ (80.00Ae) CO~l\!TY.-. OF SANTA Ct.AiA -. '\/ •• I • <~]·, 23e.01 Ac TOJal, ----, I ___ J @ --·--~-'------'"'\ " ~ .. 1'\ -w-·-1£ '-J/· SCALE 11'= f u , ' -.,._ .. --~ - I' I :'. ..... - . · ' ' • .. . . . " { ... t: w ....J -- -- I J J l l l • TOP Fiim ldentiflCation BAY MICROFILM INC. . t -·-.. ··--------·~---~~~--:--· ----~;. : --.._._ -. IH 1.0 : 12.8 w Iii& Iii 12.2 : l?.6 I I . I • w 12.0 1.1£ 11.25 ~ ~ 150MM ' e·. .- '. - -- -- ,.