HomeMy WebLinkAboutRESO 4709RESOLUTION NO. 4709
RESOLUTION OF THE COUNCIL OF THE Cl7Y OF PALO ALTO
ESTABLJSHING AN AGRICULTURAL PRESERVE WITHIN THE CITY
OF PALO ALTO AND AUTHORIZING THE EXECUTlvN OF LAND
CONSERVATION CONTRACT (LELAND STANFORD JUNIOR
UNIVERSITY)
WHEREAS, Leland Stapford Junior University is the owner of land in the City of
Palo Alto, Santa Clara County, California, and .has applied to have such land designated
an agricultural preserve under the provisions of the Land Conservation Act of 1965, and
has submitted a contract executed by it, as owner, 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 rmds that the
establishment of this preserve is consistent with Lite General Plan of the City of Palo
Alto, and fwtlter finds that ,the eir;tabJishment cf this preserve (which includes an area
of approximately 11. 38 J acres) is necessary due to the characteristics of the agriculturaJ
enterprises in the area and that L'le 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 100 acre size o:ri agricultural preserves
would unreasonably prevent the maintenance of land in an agricultural or rural status.
2. The terrain is sue&, that the appearal"ce and substance of an agricultural or rural
environment would be maintained on parcels of less than I 00 acres.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION l. The area described in the attached EXHIBIT "A 11 is hereby designated
and established as an agricultural preserve under the provisions of the California Land
Conservation Act of 1965 ("Williamson Act"), subject to the poJicies and rules heretofore
and hereafter adopted by the City Council.
SECTION 2. The Land Conservation Contract, a copy of which is attached hereto,
is ap;>roved and the Mayor is authorized and directed to execute the contrctct on behalf
of the City.
SECTION 3. The City Cleric is directed to perform any act necessary for the
attestation of the contract and the filing of a copy of this resolution and of the contract
ll. the Office of the County Recorder of the County of Santa Clara &nd sucn other filings
Filed for Record Feb. 28, 1973.
N~. 4461238, Official lU!cords 0 Santa Clara County, Calif.
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aud acts as are required by law.
INTRODUCED AND PASSED: February 26, 1973.
AYBS: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson,
Rosenba~.n, Seman.
NOES: None.
ABSENT: None.
ATTEST: APPROVED:
~~4J~ a,.,,._ J' d.~
City Clerk Mayor
APPROVED:
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Beglnmn~ nt the niost northerly corr.er of that ct'rlain 1.104 acre
parcel ot land cJc:scribcd in that certain sublease hctween the City of Palo
Alto and Soutt.em Pacific Railroad Company, dated October 2, 1939;
thence S. 17''13'57" E. along the westerly Jinc of said pare ! 143.13 feet;
thence S. 51°41'59" E. 421.31 feet; thence northeasterly along a tangent
CUn'e to the left, having a radius of 13.64 feet. through a ecDtral ang.e
of 90°00' Co .. an arc length of 21.42 feet to a point of reverse curve, thence
aouthea.;;ter1y along a curve to tte right, having a radius ?f 13,64 feet,
through a C'Jntral angle of 90°('0', for an arc length of 21.42 feet, thence
S. 51°41'59'' E. 122.41 feet; thence souther!·, along a tangent curve to
th\} right. having a radh.1s of 75 feet, through a central angle of S7°2V'32",
for an arc length of 114.53 feet, to a point of reverse 1..urve, thence
southerly along a tangent curve to the left, ha\'ing a radius of 300 feet,
through a central angle of 14°37'42"! for an ~!'":' !~??g*"..!: c! ?e.59 f(;;.;:t, to a pcint of compound curve; thence continuing southerly along a tangent
curve to the left, having a radius of 68 feet, through a central angle of
20°0~'52" for an arc len~h of 23.81 feet, to a point of reverse curve;
thence southwer:Jterly, along a ?"f>Yei:se curve to the right having a radius
of 33.4-0 feet, through a c~ntral angle of 77°5.Z'04", for an arc leng1h of
45.39 feet, -to a non·tangent point on the northeaster1y line of El Camino
Real; thence northwesterly, along said northeasterly line, the following
COUX'Se3 and :list.ances: N. 51°13'12" W. 566.52 feet; N. 42°20'20'' W. 80.45
feet; aJ'3ng a eurve to the left, having a. radius of 1333 feet. through a
central ar..gle of 8°24'00", for an are length of 195 .. {3; N. 51°08' W. 68.39
feet; ruong a tangent curve to the right, havin,_; a radius of 900 feet, through
a central angle of 11°08'21", for an are length o~ 174.97 feetj N. 3~e59'39'r
W. 317.82 feet; along a tangent curve to the left, having a radius of 72
feet, through a central angle of 73°09'21", for an arc length of 91.93 feet;
N. 45°58'59" W. 436.48 feet; N. 41°16'13" W. 151.00 feet; along a curve
to the right, having a radius of 102 feet, -through a central angle of
16°19'30'', for an arc length of 29.06 feet. to a point of compound c.urvc;
· alollg a curve to the right, having a radius of 12 feet, through a central
angle of 90°08'53", for·-an arc lE''lgth of 18.88 feet; N. 31°19'38" W. 85.53
f~t; N. 51:'.>:::Jl'lO" W. 123.49 feet; N. 49°31'31" W. 69.11 feet to a point
in the centerline of San Francisquito Creek; thence leaving said nf?rth·
easterly line of El Camino Real, and running along the centerline of said
creek S. 85°56'59" E. 164.52 feet and N. 62°31'01" E. 77.22 feet, to a point
on the southwesterly line of the Southern Pacific Right of Way; thence
ooutheasterly along s.Ud southwesterly line S. 51·535'10'' W. 7.93 feet; S.
51°41'59'' E. 697.87 feet and S. 46~56'10" E. 602.08 !eet; thence S. 38°18'
01H W. 60 feet, to the point of beginning.
· Excepting therefrom the following deseribe<i portion· of Palo Alto
Avenue: -Beginning at the northerly terminus of the course above de-
. scribed as "ha\-ing a radius f.Jf 12 feet, through a central angJA of 90°08'53",
for an arc length of 18.88 feet"; thence easterly alo~g a compound curve
to the right, hci.ving a radius of 182 feet. through a central angle of 190
27'55", an arc ler.gth of 61.83 feet, thence N. 81°46'56" E. 59.63 feet;
thence N. 84°40'05" E. 149.78 feet to a point on the southwestt-rly line of
the Southern Pacific right of way; thence N. 51°41'59" W. along said right
of way line 86.96 feet; thence S. 84C{0'05" W. 192.23 !eet; thence westerly
along a curve to the right. having a radius of 382 feet, through a central
angle of 7°50'24", an arc distance of 52.27 feet; thence S. 31°10'38" E.
85.53 feet to the point of beginning.
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U~lfOR\I I ANO CO!'\SERV.\TION co~anACT -· -
This is an arreeml'nt tk'twe~·n thl' CITY OF P1\LO Al Td, a municipal corporalion of the
State of California. herdnaflcr railed "City." and The Board or Truste<'S of th<'
Leland Stan(orll .hrnior U11i·Nr!'lity, a body having corporate powers
under th1..• laws of. th~--st'it1..· of California ~;..;..;;..:..;.;;.;;..;.;.t_~~~~~~~~~~~~~~~
hereinafter called "Owner.''
WHEREAS. Owner po~sesscs certain real property located within the City of Palo Alto,
County of Santa Clara, State of California. which is prl'sently de\'ot .. d to agricul:ural use and
is describr.d in Exhibit B attai:hed hereto and made a p:ut hereof; and
WHEREAS, the prorerty is Jocatid in an agricultural preserve heretofort established by C!ty;
and
WHEREAS, both Owner and City de~rt to limit the use of the property to agricultural
and compatible uses; and
WHEREAS, the parties hav= dett'nnin1.:d thal the highest and best use for the property during
the term of this contract, or any renewal thereof, shall be for agricuJtural and compatible uses.
NOW, THEREFORE, City and Owner apee as follows:
l. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 196S.
This contract is entered into pursuant to Chapter 7 (commencing with Section 51200) of
_Part 1, Division I, Title 5 of the Government Code, which is known as the California Land
Conservation Act of 1965, hereinafter called "Act." This ctintract is subject to all of the provisions
of the -Act and City Ordinanc~· No. l.663 ii1cluding any amendments thereto which may
hereafter be enacted. The provisjons of the Act are intorporated herein by this ieference. Owner
declares that he has received from City a copy of t~e Act, as ~mended in 1971 ~ relevant section~
of the Revenue and Taxation Code, as amended in 1971, and Article XXVIll of the California
Constitution; and that he has read and ~nderstands 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 Exhibit B shall not be used by Owner, or Owner's successors in interest, for any use other
than those agricultural uses an~~ coinpatibJe u~ which are determined by the Council of the
City of Palo Alto a! the agricultural and compatible uses J'ICrmitted in the p;eserve in which
the lane is located. A list cf all such compatible uses is set forth in Exhibit A, attachea here'~
and by this reference incorporated herein. City, by uniform rule adopted by the City Council,
may from time to time during the term cf this CC'lntract ar.d all renewi1ls thereof, add to the
list of compatible uses which shall be 'unl .. mn lhroug.houl lhe agric:.ilturai preserve in which the
pr.lpcrtY. in Exhibit Bis located; provided, hown-er. Ci\y may not during the tenn of this contract
or any renewaJ thereof, without the prior written consent of Owner, remove any of the compatible
uses for the subject property which are set fo lt in Exhibit A. The provisions of this contract
and any uniform rule supplementing the list or compatible uses are not intended to and shall
not limit ~r n:petsede the planning and zonin1 powen of City.
3. . TERM OF CONTRACT.
This contract shall become effective on ~he date of execution and shall remain in full force
and effect for art initial term c;>f ten years. The initial tenn of ten years shall be measured
County Assigned No. 73.910
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commencinJ aa of the ftnt day of January next :succe.:Jing the-date of execution if the cfa\e
of UfCUtion i~ bctwec-n March 2. and [iecember 31. The initial term or ten ;,•ears shai! be
meuned commencin~ a~ of the first day or January of the year of execulion if rhe date ,>i
exccutjon is between January I and P-brch I Each succcedins first day of January shall be
deemed to be Che annual renewal date of this contract This contract shall be renewed on· e:ch
succeedina J1nua11· I and one additional year sh:ill be adde~ automatically to the initial term
unless notice of nonrtnewal i" 1iven as provided in paragraph 4.
4. NOTICE OF NONRENEWAL.
(•) If either r-arty desires in any ye:u-not to renew this contract. that party sha!t serve
written notice or Monrenewal upon the other party in advance of the annual renewal date of
this contract Un'ns such written notice of nonrenewal is served by Owner at lea~t 90 days
prior to the renewal date. or by City at least 60 days pri'lr to the rene'Val date, thi~ contract
shall be .:onsidered renewed u provided in para,raph 3 Jbove
(b) If either party serves written notice of nonrer.ewal in any ye:a1· within the time limits
of 4(1) above, this contract shall remain in effect for the balance \If the period remaining since
th~ original execuUon or the last renewal of this contract, as the case may be.
5, NO COMPENSATION.
Owner sha:l not recei~e any payment from City in consideration of the obligations imposed
under this contract, it being recognized and agreed that the consideratiOn for the ~:ite ... ution of
this contract is rhe substantiaJ benefit to be derived therefrom.
6. SUCCESSORS IN INTEREST.
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This contract and the restrictions imposed hereunder shall be binding upon, ar.d inure lo .
the benefit of. the successors in interest of the Owner. Whenever any of the property described
in Ext.ibit B i5 divided, the owner of any parcel may exercise, independtnt of any other owner
of a portion of the divided property, any of the rights of the owner in ttiis contract, including
the riaht to ,We notice of nonrenewal and to petition for cancellation. The effoct of any such
ection by the owner of a parcel created by the divisie:n of land described in Exhibit B shall
not be imputed to the owners of the ,emaining parcels a."ld shall haven.., effect on this contnct
as it IJJplies to the remaining parcels of the divided property
7. CANCELLATION.
This contract may be cancelled and a cancellation ·fee imposed pursuant to .the applicable
~ prOVitions of the Act. :. · -· · · · · -: ·.
8 NOTICES.
All notices required or perr.:Utted by this co~tract, including notice of a changt of address,
shall be in writirli and liven by personal delivery or sent by UniW! States Mail addressed to
the pmy intended to be notified. Notice shall h: deemed given as of the date of delivery in
person or u of the daite when deposited in any post office or any post office box regularly
m*tained by the United States Government.
Notice to the City lhall be addressed:
City Clerk
City of P:lo Alto
Civic Center
250 Hamilton Avenue
Palo Alco, CalifomJa 9430 I
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
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On February 2 7 , 19 7 3 , before
me, a Notary PuO"IIC in and.for
said County and State, personally appeared
Rirke w. Comstock, known to me to be the Mayor of the City
of Palo Alto, and G.·A. Sipel,
known to me to be the City Manager of the City of Palo
Alto, the municipal corporation that executed the within instrument,
known to me to be t:1e person who executed the within instrument on
behalf of said municipal cor.poration and acknowledged to me that
said municipal corporation executed th~ same. ",
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written. --
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Notice to Owner s..ltall be addrt:ssed:
Name:
City and State
Sta~ford University
e/o Staff Counsel
105 Encina_Hall_
Stanford, California 94305
IN WITNESS WHEREOF th~ parties hereto have c. iused this contract to be executed: by
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February 2 8, 19 7 3 and by City on February 27 , .
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The Board of Trustees of the
Laland Stanford Jun~or University
OWNER
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COMPATIBLE USES
A PUBLIC AND PUBLIC UTILITY USES.
(I) The construction, ~nstruction, installation. re--installation, rem<.lval, alteration, repair.
maintenance and ·use of: (i) public streets and street improvements; (ii) public water,
stom; and sanitary lcwer, communication, transportation, traffic oontrol and fire alarm
lines, struet1lres. -~rt!; improvements, systems and facilities; (iii) public uses, buildinp,
structures, improvements. puking areas, and their appurtenances.
(2) The erection, co~. altera1ion or maintenance of gas, electrk;, ftter or
0 COllUDUllialttoft 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 net compatible witil the 8'CricuJ~ral, recreatiolial
or open space use_ fo which the land is restricted by contract.
B. IMPROVEMENTS DETEiUONED COMPATIBLE BY THE ACT. -: '
The Ja:a:ation or c:onstr.J<:tion or the following types of improvements which have been
determined. br GoYemment CoM Section S 1293 of the Act to be compab'ble w!th or to enhance
laacl within an qricult'.ifat pez~ we:
(l) _Public Works teqUiled for fish znd wildlife enhancemen~. and presemtion.
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(2) Improvements for the primary baefit of the land within the preserve.
C. • ApicultUia1 me• (but exclndins •recreatioul 1111e • u,d •open space. use•) as defined in
tbe Ca:ifomia Land Comermion Act, Goteamoent Code section Sl201(b), and excluding.
the r.Jeaaina n:ribed themo in GOYemment~COde ·~ Sl20S;,unleiS the City Council
-finds after notice and hearillS that tudl ~.-:ii nut compatible with the agricultunJ. -
naeational or opm spam-~ to ~ die-land is tallicted hy contract.
n. •Jleaeationl use• a defiMd in -the calif'omil Lad Coneenation Act,_ Government Code
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, . use is ·n:ot _c0mpmbtti ~with tbe · llricultuRl. seaNtblal °" open ·space use tq which the
k."14 is restricted .,,. CODtnlCt. .
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B. •0pen space use• • defined ill tlae CIBfondil Land Coltilenata Act Goftnunent Code
, .--Section Sl20l(o); unless tbe City CD.lndl finds after ao.tice and harina that tuch open _,
.,.ce w ii not compatible with_ tbe lllicultual, ~ ar open sp:e U. to whicb
tbe ~ is Rllricted by COl\tnd.
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F. U. permitted by the ncuJatioDa tJf tile •o.s Open Space Distriet, • "'F Flood Jllaia District."
or •p..p Public 1adlitiel Diltrict. r pmYilioaa of tbt zonina oMbMftiee <>f &be City.
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El Camino
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Park.
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·'· / • /•" ~ ·;-. . I f'AFck U!!;DiCATIONS
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El. CAMINO PARK
Begin .. ing at the most northerly corner of that certain 1.194 acre
parcel of land described in that certain sublease between the City of Palo
Alto and Southem Pacific Railro~d Company, dated October 2, 1939;
thence S. 17w13'57" E. along the westerly line of said parcel 143.13 feet:
thence S. 51'41'59'' E. 421.31 feet; thence northeasterly along a tangent
curve to the left, having a radius of 13.64 feet, through a central angle
of 90°00' for an arc length of 21.42 feet to a point of r .:!>'erse curve, thence
southeasterly along a curve to the right, having a radius of 13.64 feet,
through a central angle of 90:00', for an arc length of 21.42 feet, t~ence
S. 51 "'41'59'' E. 122.41 fe"?t; thence southerly along a tangent curve to
the right, naving a radius of 75 feet, through a central angle of 87 29'32",
for an arc length of 114.53 feet, to a ~int of reverse curve, thence
southerly along a tangent curve to the !€ft, having a radius of 300 feet,
through a crntral angle of 14' 37'42", for an arc length'~ 76.59 feet, to
a point of compound curve; thence continuing southerly along a tangent
curve to the left, ha\ring a radius of 68 feet, through a central angle of
20°03'52" for an arc length of 23.81 feet, to a point of reverse curve;
thence southwesterly, along a reverse curve to the iight having a radius
!)f 33.40 feet, through a central angle of 77c52'04", for an arc length c-f
45.39 feet, to a non-tangent point on the northeasterly line of El Camino
Real; thence northwesterly, along said northeaster!y !ine, the following
courses and distances: N. 51->13'12" W. 5e6.52 fret; N. 42:20'20'' W. 80.45
feet; along a curve to the left, having a radius of 1333 feet, through a
central angle of s:24'00", for an arc length of 195.43; N. 5I°08' W. 63.39
feet; along a tangent curve to the right, having a radius of 900 feet, tlnough
a central angle of 11 co8'21", for a:i arc length of 174.97 feet; N. 39°59'39"
W. 317.82 feet; along a tangent curve to the left, having a radius of 72
feet, through a central angle of 73c09•21", for an arc length of 91.93 feet;
N. 45°58'59" W. 436.48 feet; N. 41 c16'13" W. 151.00 feet; alo"!g a curve
to the right, having a radiils of 102 feet, through a central angle of
16°19'30", for an arc length of 29.06 feet, to a point of compound curve;
along a curve to the right, having a radius of 12 feet, through a central
angle of 90c08'53". for an arc length of 18.88 feet; N. 3l 0 19'38" W. 85.53
feet; N. 51°31'10'' W. 123.49 feet; N. 49°31'31" W. 69.11 feet to a point
in the centerline of San Francisquito Creek; thence leaving said north-
easterly line of Y.~l Camino Real, and running along the centerline of _said
creek S. 85°56'59" E. 164.52 feet and N. 62"31'01" E. 77.22 feet, to a point
on the southwesterly line of the Southern Pacific R:ght of Way; thence
southeasterly along said southwesterly line S. 51c35'1{,' W. 7.93 feet; S.
51"41'59" E. 697.B"l feet and S. 46"56'10" E. 602.08 feet; thence S. 38°18'
01" W. 60 feet, to the point of beginning.
Exceptirog therefrom the following described portion of Palo Alto
Avenue: Beginning at the north.~rly terminus of_ the course above de-
scribed as "having a radius of 12 feet, through a central angle of 90°08'53",
for an are ien5th of 1e..AA feet"'; thence easterly along a compound curve
to the right. having a-radius of 182 feet, through a central angle of 19°
27'55", an arc length-of 61.83 feet, thence N. 81''46'5{;" E. 59.63 feet;
thence N. 84 '40'05" E. 149.78 fret to a point on the southwesterly Jine of
the Southern Pacific right of way; thence N. 51 "41'59'' W. along sN4 right
of way line 86.96 feet; thence S. 84,..40'05" W. 192.23 feet; thence westerly
$llong a curve to the right, having a radius of 382 feet, through a centr-.:d
angle of 7'"60'24", an ;;.re distance of 52.27 feet; thence S. 31 "10'38'' E.
85.53 fE't't lo tlu~ point cf b<>ginning.
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