HomeMy WebLinkAboutRESO 4729•
RESOLUTION NO. 4 7 2 g
• ORIGINAL
RESOLUTION 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 (PALO ALTO HILLS GOLF AND
COUNTRY CLUB)
WHEREAS; Palo Alto Hills Golf and Counb'y Club, Inc., is the owner of land in
the City of Palo Alto, Santa Clara County, California, and has . applied to have S1\ch
land desipated 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 Councll has received and reviewed the report of the Director
of Planning concerning the request to establish this presen--e and hereby fmds that the
establishment of this preserve is consistent with the General Plan of the City of Palo
Alto, and further finds that the establishment of this presenre (which includes an area
of approximately 125.456 acres) is necer.ary 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 th'.! following reasons:
1. Historically, agricultural and rural operations in the area have ~n conducted
on comparatively small holdings and an imposition of 100 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 agricultural or rural
enviri:>nment would be maintained on parcels of less than 100 acres.
NOW, THEREFORE, the Council of the City of PaJo Alto does RESOLVE as follows:
SECTIO~. The area described in the attached EXIUBIT 11 A" is hereby designated
and established as an agricultural preserve under the provisions of the California Land
Conservation Act of 1965 ("WillWnson Act">. subject to the policies and rules heretofore
and hereafter adopted by the City Council.
•'
SECTION 2. The Land Conservation Contract, a cop) .~ which is attached hereto,
is approved and the Mayor is authorized and directed. to execute the contract on behalf
of the City.
SECTION 3. The City Clerk is directed to perform any act necessary for the
at!estation of the contract and the filin& of a copy of this resolution and of the contract
_ in the Office of the County Recorder of the County of Santa Clara and such other filings
. • ' • • •
and acts u L"'C required by ·law.
INTRODUCED AND PASSED: April 23, 1973
AYES: UNANIMOUS
ABSENT: NONE
~CwA
Mayor
APPROVED:
~bJfC.. /, DireCt? or Planning /
-2 -
..
, • •
UNIFORM LAND CONSERVATION CONTRACT
This is an agreement between the CITY OF PALO ALTO, a municipal corporation of the
State of CaJif Qmia, hereinafter called "City," and PALO ALTO HILLS GOLF AND
COJRlTBY CLtJ8. INC •• a California Corparation
hereinafter called "Owner.11
WHEREAS, Owner p_ossesses 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 att!f.ched he_reto and made a part hereof; and
WHER~. the property is located in an agricultural preserve heretofore est1bJi$hed by City;
and
WHEREAS, both Owner and City desire to limit the use of the pro!)erty to agricultural
and compatible uses; and
WHEREAS, the parties have detennined that the highest ind 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:
-
l· CONTRACT SUBJECT TO ~AUFORNIA LAND CONSERVATION ACT OF 1965.
This contract is entered into ;;>ursuant to Chapter 7 (commencing with Section S 1200) of
Part I, Division I, Title $ of the Government Code, which is knowr. ~ 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. 2663 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 and Taxation Code, as amended in 197 , , and Article XXVlll of the California
Constitution; and that he has read and understands the provisions thereof.
2. RFSTRICTION 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 and compatible uses which are determined by the Council of the
Cit)• of Palo Alto as the agricultural and compatible uses permitted in the preserve in which
the land is Jocat~d. A list of all such compatible uses is set forth in Exhibit ~ attached hereto
and by this reference incorporated hereui. City, by unifonn 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, howeYer, City may not during the term of this contract
or any renewal thereof, 9.ithout the prior written consent of Owner, remove any of the compatible
uses for the subject pr·~perty whicn are set forth in &.hibit A. The provisions of this contract
and any uniform rule suppletrientir~=tlle list of compatible uses are not intended to and shall
not limit or supersede the planruns and zoninc powen of City.
3. _ TERM OF CONTRACT.
1his contract shall become effective on the da!e of execution and shall re,-~1n in full force'·
and effect for an initial term of ten yean. The initial term of ten ycan · i.u111 be measured ·
County-assigned number 73.918
, •
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 shalJ be
measured commencing as of the first day of Jam13ry of the year of execution if the date of
execution is between January 1 and March 1. Each succeeding first day of January shall be
deemed to be the annual renewal date of this contract This contract shall be renewed on each
succeeding January I and one additional year shaJJ 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 contract, that party shall serve
written notice of nonrenewal 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 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, tt contract shall 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 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 INTERE~'T.
This contract and the restrictions imposed hereunder shall be binding upon, and inure to
the benefit of, the suc<-essors in in.terest 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 divbion of land described in . Exhibit B shall
not be imputed to the owriers of the remaining parcels and shall have no eif ect on this contract
as it applies to the remaining parcels of the divided property.
1. 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 contrac ~. including notice of a change of address,
· shall be in writing and given by personal delivery or sent by UnitP~ 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 Clerk
City of Palo Alto
Civic Center
250 Hamilton A\tenue
Palo Alto, California 9430 J
• • ,
.-.• ' a '
Notice to Owner shall be addrcSSc.:d:
Name: Palo Alto Hills Golf and Country Club, Inc.
,
/ Address 30QO Alexis Drive
City and State Palo Al to, CA 94304
IN WITNESS WHEREOF the parties hereto have caused this contract to be executed: by Owner
on December l.· 1972 and by City on ;~ < ~ / iZJ
1
!
AITEST:
City Clerk ( .
,/
CITY OF PALO ALTO, a
municipal corporation,
B/J)~:.L.~al) c>M.?-~
Mayor
And 6rJS~~J
?City Managtr ?I
PALO ALTO HILS GOLF AND
COUNT~ CLUB, INC.
OWNER
APPROVED. AS TO FORM: /
,1' I -· ·;-~ i · \... .... : .. _. -.
:' -:..:...._.-'vt-._./ ,.,,,..-:';? •• -?-· ~~)
City' Attorney
STATE Cf CALIFOllllA.
COl'llTY OF: SANTA CLARA
HO\'//\~D s. &URNSIOE
t: -..•. , p·:·:. :c. c.UlfoaNIA
~. ;, , ~·~:-A COUNTY, CA
My Com-1,;.;.;.n t!lplfa S.,.. 21, 1975
ON December l , ~~
before me, the Llldersigned. a Notary Public in and for the said State, personally a;peared
ERVIN 1 •• AU$TIN , known to me to be the
---·--President, and c1wu.gs s. Ml\RSIL'\TJ. , known to me
to be the Secretary of J>ATL> ALT() HTTJ ... t; C".QT.F &
COJJNTRI: CLUB, INC.
. . , •
COMPATIBLE USES
' A. PUBLIC AND PUBLIC UTILITY USES.
(l) The construction, reconstruction, installation, re·instaUation, removal, alteration, repair,
maintenance and use of: (i) public streets and street improvements; (ii) public water,
storm and sanitary sewer, communication, transportation, traffic control and fire alarm
lines, structures, works; improvements, systems and facilities; (ill) 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, includina radio, television or microwave antennas,
transmitters and 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. IMPROVEME~'TS DETERMINED COMPATIBLE BY TIIE ACT.
he location or construction of the following types of imrrovements which have ,been
determined by Government Code Section S 1293 of the Act to be compabole with or to enhance
land within an agricultural perserve:
(1) Public 7/orks required for fish and wildlife enhancement and preservation~
(2) Improvements for the primary benefit of the land within the preserve . .
C. "Apicultunl use" (but excluding "recreation;.,, u~" and "open space use") as defined in
the calif omia Land Conservation Act, Government Code Section S 120 I (b ), and excluding
the meaning ascribed thereto in Government Code Section S 1205; unless the City Council
, · finds after notice and hearing that such agilcultural use is not compatible with the agricultural,
recreational or open space use to which the Jane is restricted by contract.
D. "Recreationl use" as defined in the California Land Conservation Act, Government Code
Section Sl20I(n); unless the City Council finds after notice and hearing that such teereational
use is not compatible with the qricu)tunl, ttCfe8tiOntl or open space use tq which the
land is restricted by contract.
B. "Open ~ use" as def&ned in the California Laud Conservation Act, Government Code
Section S120l(o); unless the City Council finds after notice and hearing that such open
space use ii not compatible with the aaricultural, recreational or open space we to which
tbe land is restricted by contract.
F. Uses permitted by the regulatioru of the "O-S Open Space District, 11 "F Flood ·Plain District,"
or "P-F Public f acilitiel District,.. ~toYisions of the zonina ordinance of the City.
BXHIBIT •A•
...
••
125.456 :t Ac.
. . • •
LEGAL DESCRII?'l'ION, PALO ALTO HILLS GOLF & COU1.'1'l'RY CLUB, INC.
+ -# # . .
'
All th~t certain real property situate in the City of Palo Alto,
County of Santa Clara, State of California, described as follo~s:
S~GINNING at a point on the Rancho Linc, which is the boundary
between Rancho El Corte De Madera and Rancho La Purissima
. Concepcion, cit a 4" x 4" redwood post, scribed MM4-~BS, as shown
in the Record of Survey, filed in Book 143 of Maps at paae 43.
·official Records, Santa Clara County, California, and recorded
March 7, 1962; thence South 15° 12' 00" West 960.16 feet; thence
North 80° 21' 41" West i67.14 feet TO THE TRUE POINT OF BEGINNING;
thence South 17° 58' SS" Ea~t 208.41 feet; thence South 28° 40' 22"
West 486,91 feet; thence ~lon~· the arc of a curve to the left,
havinR a rndius of 300.00 feet, th~ou,h an an~lc of 23° 33' 25 11
, an
·arc distance of 123.34 feet; thence South 28° 40' 22'' West 311.81
-feet; thence 3lon~ tJ,e arc of a curve to the left, having a radius
-of 225;00 feet, throur.h Jn angle of 43° 02' 07", an arc distance
·of 169.00 feet; thence South 14° 21' 45" East 662.09 feet; thence
along the arc of a curve to the ~ight, having a radius of 537.25
fe-.?t, through an an~le of 29° 12' 32", an arc distance of 273.89
feet; thence 5outh 39° 44' 00" West 450.50 feet; thence North 80°
04' 23" West 399. 34 feet; thence South S 2 ° 07' 18'.1 West 660. 70 feet;
,t:umcc South 2S 0
· 08' 41" West 318.94 feet; thence North (l0° 16' 00"
· West 2.01 feet; thence alon~ the arc of a curve to the left, having
a radius of 200.00 feet, throu~h an an~le of 49° 44' 00", an arc
di~tancc of 173.60 feet; thence South 70° 00' 00'' West 66.17 feet;
thcnc~ along the 3rc of a cur~c to the ri~ht, havin~ a radius of
175.0C f~ct, through an angle of 69° oo• OO''• an arc distance of
210.75 feet; thence North 41° 00' 00'' West 346.76 feet; thence
North l S 0 4 9 '. 16" East 202. 02 feet; thence North 22 ° 56' 4 6" East
-403.11 feet; thence North ~5° 49' 16" East 309.90 feet; thence
Sout:-, 70° 27' 17" E~st 118.03 feet; thence North 00° os• OS'' East
1095.29 feet; thence Sorth 52° 4S' 14'' West 578.37 feet; thence
North 38° 03' 18" East 670.10 feet; thcncl"· North 26° 55' 11" East
653.40 f~ct; thence North 48° 4.l' .. 17" East 382.33 feet; thence
·South 08 07' 56'' F.ast 318.96 feet; thence South 29° 43' 46" Ea:-;t
649.16 feet; thence South 72° 26' 58" East 731.24 feet to the true
point of beginning. · ..
+'",. • •
. . . . . . ...
. ASSESSOR PARCEL NUMBERS 182-35-035 and 182-35-008
.·