HomeMy WebLinkAbout1997-04-07 City CouncilCity of Palo Alto
City Manager’s Report.
6
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT:ADMINISTRATIVE
SERVICES
AGENDA DATE: APRIL 7, 1997 CMR:107:97
SUBJECT:AGREEMENTS FOR THE EXCHANGE OF MANAGEMENT
RESPONSIBILITIES BETWEEN THE CITY OF PALO ALTO
AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FOR TWO PARCELS OF LAND ON OR NEAR PAGE MILL
ROAD, WEST OF FOOTHILLS PARK
REQUEST:
This report requests Council approval of the attached Property Management Agreements for
the exchange of management responsibilities between the City of Palo Alto and
Midpeninsula Regional Open Space District (District) on two unimproved parcels of land.
Agreement # 1 pertains to the 39.10:acre District-owned parcel, located between the easterly
edge of Foothills Park and the westerly edge of Page Mill Road. Agreement #2 covers the
85.37-acre City-owned parcel located near the northeast junction of Page Mill Road and
Monte Bello Road. (See Attachment A for Location Map.)
RECOMMENDATIONS:
Staff recommends that Council authorize the Mayor to execute the attached Property
M~magement Agreements for exchange of management responsibilities between the City of
Palo Alto and the Midpeninsula Regional Open Space Districl on the above-referenced
properties.
POLICY IMPLICATIONS:
These agreements are consistent with past Council action for the Faber Laumeister tract, and
with the stewardship concept approved by Council for the Arastradero Preserve.
CMR:107:97 Page I of 4
BACKGROUND:
On December 12, 1972, Mr. and Mrs. Fred Holm donated an 85.37-acre parcel, located
between the easterly edge of Foothills Park and the westerly edge of Page Mill Road, to the
City. There were no conditions or restrictions to the donation, other than that the City pay
outstanding taxes and assessments in the amount of $25,000 (CMR:540:2). The property is
zoned as open space, but it is not a dedicated park. It is considered remote and has very little
public use and, therefore, requires limited City resources.
In the late 1970’s, an adjacent land owner (Harry Aine) filed suit against the City in an
attempt to establish access to his property through the City-owned property. This matter was
settled when the District bought the 30-acre Aine parcel in the late 1980’s for $325,000.
During the later course of the litigation, in aletter dated October 6, 1988, the District offered
to exchange 66 acres of land adjacent to Foothills Park for the City-owned 85.37-acre parcel.
The City declined the District’s offer because staff felt 85.37 acres for 66 acres was not an
equitable exchange. Over the years, the District has continued to pursue the exchange of
land with the City.
In 1993, the District offered to construct a trail at the District’s expense, to make up the
difference in value between the two parcels. As a consequence, the two properties were
appraised in 1994. The properties were surveyed as part of the appraisal process, and it was
discovered that the 66 acres of land the District was offering to trade was actually 39.10
acres. Both properties are zoned as open space, and it was the appraiser’s opinion that "in
order for the properties to be utilized in any economically beneficial manner, a General Plan
change would be required. Given that the intent of both the City and the District in acquiring
these properties was to preserve open space, such a General Plan change would be unlikely.
Because of these constraints, the highest and best use was established as open space, with no
development potential." The City-owned parcel was appraised at $395,000 and the District
parcel at $195,500. Again, the City declined the District’s offer to exchange the parcels
because the $200,000 difference in value was far greater than the value of the trail
construction.
At the Council meeting of September 9, 1996, Council Member Simitian and Mayor Wheeler
proposed to resolve the issue by directing that only the management responsibilities be
exchanged. The Council unanimously approved the proposal, and staff was directed to
pursue the concept of an exchange of oversight responsibilities for the two parcels, as
opposed to exchange of fee title.
DISCUSSION:
Staff from both the District and the City have met and are proposing the exchange of
management responsibilities be accomplished by approval of the two attached Property
CMR:107:97 Page 2 of 4
Management Agreements. The 39.10-acre parcel (Agreement # 1) offered by the District,
adjacent to Foothills Park, is proposed to be open to the general public, but it has limited
access and should not have any major impact on Park resources. Conversely, public usage
of parcel (Agreement #2) should increase, because it lies adjacent to the gateway to the
District’s Monte Bello Road and the District owns property on three sides of the City-owned
parcel. At the very least, District management of the City-owned parcel will help to
eliminate confusion over ownership responsibilities. Therefore, staff is of the opinion that
the public will be better served by the proposed management exchange.
The Property Management Agreements are almost identical and very simple. The basic
terms ofthe agreements are that the parties will hold each other harmless, provide insurance
and either party can terminate the agreement with 30 days written notice. Fencing, signage
and gates may be installed; any other improvements will require the owner’s written approval
and both parties will be subject to the City’s normal review process for all improvements,
including fencing, ’ gates and signage.
The District has agreed to the terms and conditions of the Property Management Agreements
and has executed both documents.
ALTERNATIVES:
An altemative to the exchange of management responsibilities would be for each party to
continue to manage its own property.
FISCAL IMPACT:
None.
ENVIRONMENTAL ASSESSMENT:
The Property Management Agreements represent a continuation of the same use of existing
facilities; therefore, they carry a Class I existing facility exemption under Section 15301 of
CEQA.
ATTACHMENTS:
Attachment A - Location Map
Property Management Agreement # 1 - District Owned
Property Management Agreement #2 - City Owned
CMR:107:97 Page 3of 4
PREPARED BY:William Fellman, Manager, Real Property, Administrative Services
Department
DEPARTMENT HEAD APPROVAL:
Meliss~ Cavallo
Acting Director
CITY MANAGER APPROVAL:
~i~ Manager
CC:Craig Briton, General Manager
Midpeninsula Regional Open Space District
Ray H~sen
CMR:107:97 Page 4 of 4
ATTACHMENT
"Map copyrighted 1995 by
the California State Auto Association.
Reporduced by permission."
OS
DDS
PEN
/’//
/
39.10 acres to
maintained by the city
85"37 acresmaintained toby the District
I
AGREEMENT #1
PROPERTY MANAGEMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
This Agreement is made on the Day of 19 m by and between
City of Palo Alto, a municipal corporation, hereinafter called "CITY" and Midpeninsula
Regional Open Space District, a public agency, hereinafter called "DISTRICT".
RECITALS
DISTRICT owns 39.10 acres of unimproved land adjacent to Foothills Park and CITY
owns 85.37 acres of unimproved land east of Page Mill road at Montebello Road adjacent
to DISTRICT land.
2.DISTRICT and CITY desire to exchange oversight responsibility for the two parcels.
3~DISTRICT and CITY desire to create a separate Agreement for each of the two parcels of
land. This Agreement pertains to the DISTRICT owned 39.10 acre parcel, herein after
referred to as the "District property".
NOW, THEREFORE, in consideration of the premises as set forth above, the parties hereto
mutually agree as follows:
PROPERTY DESCRIPTION: Subject to the terms and conditions set forth in this
Agreement, DISTRICT agrees to CITY’S oversight of that certain property described and
shown in "Exhibit A". Exhibit A is attached to and, by this reference made a part of this
Agreement.
II.MANAGEMENT RESPONSIBILITY: CITY shall be responsible for the management
of the entire DISTRICT property for as long as this Agreement shall remain in effect.
CITY may install gate(s), appropriate signing, and fencing as necessary in the sole
opinion of CITY and may undertake such other steps as CITY deems necessary or
appropriate for the proper and safe management of the property. The property may be
opened for public access and used in a manner consistent with CITY policies and
regulations applicable to CITY owned property, at CITY’s sole discretion.
III.PATROL:. CITY will patrol and manage the DISTRICT property in a manner
consistent with the use of the adjacent CITY holdings to ensure that the property is kept
in a safe and sanitary condition and that deleterious or incompatible uses of the property
are prohibited. Should any trespass or other unauthorized use or activities occur upon the
property, CITY may exercise its authority to correct these matters including, where
’ 3.5RELEASES.1/M]DPEN2 -1 -
IV.
VIII.
necessary, enforcing CITY regulations and ordinances on the property.
TERMINATION: This Agreement shall become effective as of the date of the last
signature and shall continue in perpetuity unless terminated by either party, upon 60 days
written notice. Either party may terminate this Agreement without cause.
NO PROPERTY RIGHTS: The parties agree that this Agreement confers no property
rights upon CITY.
STRUCTURES: No structures, improvements, or facilities shall be constructed, erected,
altered, or made upon the DISTRICT property without the prior written consent of
DISTRICT (excepting those gates, signing and fencing as stated in paragraph II.) City
shall obtain any and all permits and/or licenses which may be required in connection with
the use of, or any approved CITY construction upon, the property.
LEGAL RESPONSIBILITY AND INDEMNIFICATION: During the life of this
Agreement, CITY shall have full. legal responsibility for management, control and
operation of the subject property and the condition thereof and for all activities conducted
thereon, and in this respect, except as otherwise set forth herein, CITY shall hold
DISTRICT harmless from and defend DISTRICT against any and all claim or liability for
injury or damage to any persons or property whatsoever occurring during the life of this
Agreement in, on or about the subject property arising out of any condition of the
property or of any act, neglect, fault or omission by the CITY with respect to CITY
responsibilities as set out in this Agreement. DISTRICT likewise agrees to indemnify,
defend and hold harmless CITY and its agents, officers, officials, and employees against
any and all claims or liability for injury or damage to persons or property arising out of or
resulting from the negligent acts or fault of DISTRICT, or its agents, employees, officers
or servants, in connection with the subject property. In the event of concurrent
negligence, each party will bear responsibility for its acts in proportion to its fault under
the doctrine of comparative negligence.
INSURANCE: CiTY shall, at its sole cost and expense, obtain and keep in force during
the term of this Agreement a policy of comprehensive general liability insurance utilizing
an Insurance Services Office standard form with broad form general liability endorsement
(GL0404), or equivalent, in an amount of not less than one million dollars per occurrence
for bodily injury and property damage combined resulting from or arising out of CITY’s
management of the DISTRICT property, and shall insure CITY (with DISTRICT as an
additional insured) against liability arising out of the use or maintenance of the property;
CITY, at its option, may self-insure for the required amounts or by providing proof of
coverage of CITY’s participation in a pooling program with applicable coverage.
Compliance with this insurance requirement shall not, however, limit the liability of
CITY to indemnify and defend DISTRICT hereunder.
3.5RELEAsEs.1/MIDPEN2 -2-
IX.HAZARDOUS SUBSTANCES:
A. Definition As used herein, the term "Hazardous Materials" means any substance or
material which has been determined by any state, federal or local governmental authority
to be capable of poising or a risk of injury to health, safety, and property, including
petroleum and petroleum products and all of those materials and substances designated as
hazardous or toxic by the U.S. Environmental Protection Agency, the California Water
Quality Control Board, the U.S. Department of Labor, the California Department of
Industrial Relations, the California Department of Health Services, the California Health
and Welfare Agency in connection with the Safe Water and Toxic Enforcement Act of
1986, the U.S. Department of Transportation’, the U.S. Department of Agriculture, the
U.S. Consumer Product Safety Commission, the U.S. Department of Health and Human
Services, the U.S. Food and Drug Administration or any other governmental agency now
or hereafter authorized to regulate materials and substances in the environment. Without
limiting the generality of the foregoing, the term "Hazardous Materials" shall include all
of those materials and substances defined as ’toxic materials" in Sections 66680 through
66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, as the
same may be amended from time to time.
B. City’s Use of the Property: During the term of this Agreement, CITY shall abide and
be bound by all of the following requirements:
CITY shall comply with all laws now or hereafter in effect relating to the use of
Hazardous Materials on, under or about the DISTRICT property, and CITY shall
not contaminate the DISTRICT property, or its subsurfaces, with any Hazardous
Materials.
ii.
,oonl.
iv.
CITY shall restrict its use of Hazardous Materials on the DISTRICT property to
those kinds of materials that are normally used in maintaining the DISTRICT
property. Disposal of any Hazardous Materials on the DISTRICT property is
.strictly prohibited. Storage of such permissible Hazardous Materials is allowed
only in accordance with all applicable laws now or hereafter in effect. All safety
and monitoring features of any storage facilities shall be approved by CITY’S Fire
Chief in accordance with all laws.
CITY shall be solely and fully responsible for the reporting of all Hazardous
Materials releases to the appropriate public agencies, when such releases are
caused by or result from CITY’S activities on the DISTRICT property. CITY
shall immediately inform DISTRICT of any release of Hazardous Materials,
whether or not the release is in quantities that would otherwise be reportable to a
public agency.
CITY shall be solely and fully responsible and liable for such releases on the
DISTRICT property, or into CITY’S sewage or storm drainage systems. CITY
3.5RELEASES.1/M]DPEN2 -3-
X
shall take all necessary precautions to prevent any of its Hazardous Materials from
entering into any storm or sewage drain system or from being released on the
DISTRICT property. CITY shall remove releases of its Hazardous Materials in
accordance with all laws. In addition to all other rights and remedies of CITY
hereunder, if the release of Hazardous Materials caused by CITY is not removed
by CITY, DISTRICT may pay to have the same removed and CITY shall
reimburse DISTRICT for such costs within sixty (60) days of DISTRICT’S
demand for payment.
CITY shall protect, defend, indemnify and hold harmless DISTRICT from and
against all loss, damage, or liability (including all foreseeable and unforeseeable
consequential damages) and expenses (including, without limitati.on; the cost of
any cleanup and remediation of Hazardous Materials) which DISTRICT may
sustain as a result of the presence or cleanup of Hazardous Materials on the
property arising out of or resulting from CITY’s management of the DISTRICT
property.
vi.CITY’S obligation under this Clause shall survive the expiration or earlier
termination of this Agreement.
ASSIGNING, SUBLETTING AND ENCUMBERING PROHIBITED: Since
DISTRICT has relied on the specific background and capabilities of CITY in awarding
this Agreement, any mortgage, pledge, hypothecation, encumbrance, transfer, lease, or
assignment (collectively referred to as encumbrance) of CITY’s interest in the DISTRICT
property, or any part of portion thereof, is prohibited. Any attempted encumbrance shall
be null and void and shall confer no right, title or interest in or to this Agreement.
NOTICES: Unless otherwise required by the terms of this Agreement, whenever notice
is required by this Agreement, it shall be mailed, first class, postage prepaid, to the
following:
To CITY:.To DISTRICT:
City Clerk
City of Palo Alto
P.O. Box 10250 .-
Palo Alto, Calif. 94303
General Manager, Midpeninsula
Regional Open Space District
333 Distel Circle
Los Altos, Calif. 94022
with a copy to:
Superintendent, Open Space and Sciences
City of Palo Alto
P.O. Box 10250
PaloAlto, Calif. 94303
3.5RELEASES. 1/MIDPEN2 -4-
IN WITNESS WHEREOF, the parties have executed this Agreement the year first above written.
CITY OF PALO ALTO, a
¯ municipal corporation: ,
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT, a public
agency:
gy.~
Mayor President! Board of Di{lectors
ATTEST:ATTEST:
By
City Clerk
APPROVED AS TO FORM:
Di~rict Clerk
By
City Attomey
RECOMMENDED FOR APPROVAL:
By
Deputy City Manager,
Administrative Services
Director, Community Services
By¸,
Manager, Real Property
By
Superintendent, Open Space and
Sciences
3.SRELEASES. I/MIDPEN2 -5-
Exhibit
A.P.NO. 351-035L001 JUNE 19, 1996
APPROVED /PREPARED BY: JAMES D. KIEHL
CHECKED BY: JAMES T. BOURQUIN
CHECKED BY: JAY E. REMLEY, SR.
LEGAL DESCRIPTION
PARCEL 5
All that real property in the City of Palo Alto, County of Santa
Clara, State of California described as follows,
All of. the Fractional West Half of the Southeast Quarter,
consisting of Lots 2 and 3 of Section 3, Township 7 South,. Range.3
West, Mount ~Diablo’ Base and Meridian lying westerly of the
centerline of Page Mill Road.
Said Parcel 5-is shown on attached map "EXHIBITA-2’*and made a part
hereof.
Containing 39.10 acres more or less.
End of Legal Description.
LEGAL: 351351
PLAT: Q8061996.DWG
PAGE 1of 2 .
S 88~ 31’ 08: E
CENTERLII, IE OF PAGEHILL ROAD
BASED UPON APPROXII, IAI[: SPLII"
OF" EXISflNG ROAD EDGES.
SECTIDN
CENTERLIHE OF PAGE I, IILL ROAD
PER RECORD OF SURVEY BOOK 129 PAGE 34.
PAGE 2 of 2
SCALE’. l" = 300"
6-18-96
0B06189"3.DWG
JA;.!-"S D. KIEHL
AGREEMENT
PROPERTY MANAGEMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
This Agreement is made on the Day of 19 m by and between
City of Palo Alto, a municipal corporation, hereinafter called "CITY" and Midpeninsula
Regional Open Space District, a public agency, hereinafter called "DISTRICT".
RECITALS
CITY owns 85.37 acres of unimproved land east of Page Mill road at Montebello Road
adjacent to DISTRICT land and DISTRICT owns 39.10 acres of unimproved land
adjacent to Foothills Park.
2.DISTRICT and CITY desire to exchange oversight responsibility for the two parcels.
CITY and DISTRICT desire to create a separate Agreement for each of the two parcels of
land. This Agreement pertains to the CITY owned 85.37 acre parcel, herein after referred
to as the "CITY property".
NOW, THEREFORE, in consideration of the premises as set forth above, the parties,, hereto
mutually agree as follows:
to PROPERTY DESCRIPTION: .Subject to the terms and conditions set foi-th in this
Agreement, CITY agrees to DISTRICT’S oversight of that certain property described and
shown in "Exhibit B". Exhibit B is attached to and, by this reference made a part of this
Agreement.
II.MANAGEMENT RESPONSIBILITY: DISTRICT shall be responsible for the
management of the entire CITY property for as long as this Agreement shall remain in
effect. DISTRICT may install gate(s), appropriate signing, and fencing as necessary in
the sole opinion of DISTRICT and may undertake such other steps as DISTRICT deems
necessary or appropriate for the proper and.safe management of the property. -The
property may be opened for public access and used in a manner consistent with
DISTRICT policies and regulations applicable to DISTRICT owned property, at
DISTRICT’s sole discretion.
III.PATROL: DISTRICT will patrol and manage the CITY property in a manner
consistent with the use of the adjacent DISTRICT holdings to ensure that the property is
kept in a safe and sanitary condition and that deleterious or incompatible uses of the
property are prohibited. Should any trespass or other unauthorized use or activities occur
upon the property, DISTRICT may exercise its authority to correct these matters
including, where necessary, enforcing DISTRICT regulations and ordinances on the
subject property. The property shall be deemed to be property under the control of
DISTRICT for purposes of Public Resource Code Section 5558 and shall be deemed to
be "District Lands" as defined in the District Ordinance No. 93-1.
IV.TERMINATION: This Agreement shall become effective as of the date of the last
signature and shall continue in perpetuity unless terminated by either party, upon 60 days
written notice. Either party may terminate this Agreement without cause.
NO PROPERTY RIGHTS: The parties agree that this Agreement confers no property
rights upon District.
VI.STRUCTURES: No structures, improvements, or facilities shall be constructed, erected,
altered, or made upon the CITY property without the prior written consent of CITY
(except for gates, signing and fencing as stated in paragraph II). District shall obtain any
and all permits and/or licenses which may be required in connection with the u~e of, or
any approved DISTRICT construction upon, the property.
VII.LEGAL RESPONSIBILITY AND INDEMNIFICATION:. During the life of this
Agreement, DISTRICT shall have full legal responsibility for management, control and
operation of the property and the condition thereof and for all activities conducted
thereon, and in this respect, except as otherwise set forth herein, DISTRICT shall hold
CITY harmless from and defend CITY against any and all claim or liability for injury or
damage to any persons or property whatsoever occurring during the life of this
Agreement in, on or about the property arising out of any condition of the property or of
any act, neglect, fault or omission by the DISTRICT with respect to DISTRICT
responsibilities as set out in this Agreement. CITY likewise agrees to indemnify, defend
and hold harmless DISTRICT and its agents, officers, officials, and employees against
any and all claims or liability for injury or damage to persons or property arising out of or
resulting from the negligent acts or fault of CITY, or its agents, employees, officers or
servants, in connection with the property. In the event of concurrent negligence, each
party will bear responsibility for its acts in proportion, to its fault under the doctrine of
comparative negligence.
INSURANCE: DISTRICT shall, at its sole cost and expense, obtain and keep in force
during the term of this Agreement a policy of comprehensive general liability insurance
utilizing an Insurance Services Office standard form with broad form general liability
endorsement (GL0404), or equivalent, in an amount of not less than one million dollars
per occurrence for bodily injury and property damage combined resulting from or arising
out of DISTRICT’s management of the CITY property, and shall insure DISTRICT
(with CITY as an additional insured) against liability arising out of the use or
2
maintenance of the property; DISTRICT, at its option, may self-insure for the required
amounts or by providing proof of coverage of DISTRICT’s participation in a pooling
program with applicable coverage. Compliance with this insurance requirement shall not,
however, limit the liability of CITY to indemnify and defend DISTRICT hereunder.
HAZARDOUS SUBSTANCES:
A. Definition As used herein, the term "Hazardous Materials" means any substance or
material which has been determined by any state, federal or local governmental authority
to be capable of poising or a risk of injury to health, safety, and property, including
petroleum and petroleum products and all of those materials and substances designated as
hazardous or toxic by the U.S. Environmental Protection Agency, the California Water
Quality Control Board, the U.S, Department of Labor, the California Department of
Industrial Relations, the California Department of Health Services, the California He~ilth
and Welfare Agency in connection with the Safe Water and Toxic Enforcement Act of
1986, the U.S. Department of Transportation, the U.S. Department of Agriculture, the
U.S. Consumer Product Safety Commission, the U.S. Department of Health and Human
Services, the U.S. Food and Drug Administration or any other governmental agency now
or hereafter authorized to regulate materials and substances in the environment. Without
limiting the generality 0f theforegoing, the term "Hazardous Materials" shall include all
of those materials and substances defined as ’toxic materials" in Sections 66680 through
66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, as the
same may be amended from time to time.
B. District’s Use of the Property During the term of this Agreement, DISTRICT shall
abide and be bound by all of the following requirements:
DISTRICT shall comply with all laws now or hereafter in effect relating to the use
of Hazardous Materials on, under or about the CITY property, and DISTRICT
shall not contaminate the CITY property, or its subsurfaces, with any Hazardous
Materials.
ii.
111.
DISTRICT shall restrict its use of Hazardous Materials on the CITY property to
those kinds of materials that are normally used in maintaining the CITY property.
Disposal of any Hazardous Materials on the CITY property is strictly prohibited.
Storage of such permissible Hazardous Materials is allowed only in accordance
with all applicable laws now or hereafter in effect. All safety and monitoring
features of any storage facilities shall be approved by CITY’S Fire Chief in
accordance with all laws.
DISTRICT shall be solely and fully responsible for the reporting .of all Hazardous
Materials releases to the appropriate public agencies, when such releases are
caused by or result from DISTRICT’S activities on the CITY property.
DISTRICT shall immediately inform CITY of any release of Hazardous
Materials, whether or not the release is in quantities that would otherwise be
reportable to a public agency.
iv.DISTRICT shall be solely and fully responsible and liable for such releases on.the
CITY’s property, or into CITY’S sewage or storm drainage systems. DISTRICT
shall take all necessary precautions to prevent any of its Hazardous Materials from
entering into any storm or sewage drain system or from being released on the
CITY’s property. DISTRICT shall remove releases of its Hazardous Materials in
accordance with all laws. In addition to all other rights and remedies of CITY
hereunder, if the release of Hazardous Materials caused by DISTRICT is not
removed by DISTRICT, CITY may pay to have the same removed and
DISTRICT shall reimburse CITY for such costs within five (5) days of CITY’S
demand for payment.
Vo DISTRICT shall protect, defend, indemnify and hold harmless CITY from and
against all loss, damage, or liability (including all foreseeable and unforeseeable
consequential damages) and expenses (including, without limitation, the cost of
any cleanup and remediation of Hazardous Materials) which CITY may sustain as
a result of the presence or cleanup of Hazardous Materials on the property, arising
out of or resulting from DISTRICT’s management of the DISTRICT property.
vi.DISTRICT’S obligation under this clause shall survive the expiration or earlier
termination of this Agreement.
ASSIGNING. SUBLETTING AND ENCUMBERING PROHIBITED: Since CITY
has relied on the specific background and capabilities of DISTRICT in awarding this
Agreement, any mortgage, pledge, hypothecation, encumbrance, transfer, lease, or
assignment (collectively referred to as encumbrance) of DISTRICT’s interest in the
CITY’s Property, or any part of portion thereof, is prohibited. Any attempted
encumbrance shall be null and void and shall confer no right, title or interest in or to this
Agreement.
NOTICES: Unless otherwise required by the terms of this Agreement, whenever notice
is required by this Agreement, it shall be mailed, first class, postage prepaid, to the
following:
To CITY:To DISTRICT:
"City Clerk
City of Palo Alto
P.O. Box 10250
Palo Alto, Calif. 94303
General Manager, Midpeninsula
Regional Open Space District
333 Distel Circle
Los Altos, Calif. 94022
with a copy to:
Superintendent, Open Space and Sciences
City of Palo Alto
P.O. Box 10250
Palo Alto, Calif. 94303
IN WITNESS WHEREOF, the parties have executed this Agreement the year first above written.
CITY OF PALO ALTO, a
municipal corporation:
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT, a public
agency:
By
Mayor
ATTEST:
By
City Clerk
ATTEST:
BY Di s~ict~Cler(~k" "~ U~~//
APPROVED AS TO FORM:
By
City Attorney
RECOMMENDED FOR APPROVAL:
By
Deputy City Manager,
Administrative Services
By
Director, Community Services
By
Manager, Real Property
By.
Superintendent, Open.Space
and Sciences
5
Exhibit
A.P.NO. 351-35-011 JUNE 18, 1996
APPROVED /PREPARED BY: JAHES D. KIEHL
CHECKED BY: JAHES T. BOURQUINCHECKEDBY: JAY E. REHLEY, SR.
All that real property in the city of Palo Alto, County ~of Santa
Clara, State of California described as follows;
Tie Northeast 1/4 of theNortheast 1/4 of Section 15, Township 7
South, Range 3’West, Mount Diablo Base and Meridian.
Excepting therefrom the portion thereof described as follows: to
wit:
Beginning at the point of intersection of the centerline ~of Page
Mill Road, with the westerly line of the Northeast 1/4 of the¯
Northeast 1/4 of Section 15, Township 7 South, Range 3 West, Mount
Diablo Base and Meridian, from ~which point the Southwesterly corner
of said Northeast 1/4 of the~Northeast 1/4 of said Section 15,
bears South 196.00 feet;
THENCE North 55~O0’ 00" east 182.50 feet to an iron pipe;
~HENCE NORTH I~9.50 feet to’.an iron pipe;
THENCE west ( ~rossing i/8 Section line at 149.50 feet )
184.50 feet to a.point in the center line of Page Mill Road;
THENCE following the center line of Page Mill Road~
Southeasterly to the place.of beginning~
And being a p0rt~on’ of the Northeast 1/4 of the Northeast 1/4 of
Section 15, Township 7 South,.Ra~ge~3 West.
Also excepting therefrom all that portion.thereof described in that
certain partial reconveyance, recorded July 15,. 1971 in Book 9418
Page 652, official Records, as follows:
~arcel 3 "
A portion of the Northeast Quarter of theNortheast Quarter of
Sec%ion 15, Township 7 South, Range 3 West, Mount Diablo Base and
Meridian, more particularly described as follows:
B~ginning at a i" Iron Pipe marking the southeasterly corner of
that parcel conveyed by Mildred Scott Ligda, et al., to Max and
Dorothy D. Kramer by Deed recorded Ju~y i0, 1970 in Book 8982,
official Records at Page 121, Santa Clara County Records, from
PAGE 1 of 4
A.P.NO. 351-35-011 JUNE 18, 1996
~which pipe the point of intersection of the centerline of Page Mill
Road with the westerly line of the northeast quarter of the
Northeast Quarter of Section 15, Township 7 South, Range 3 West,
MountDiablo Base and Meridian, lies South 55° 00’ 00" West 182.00
feet; and running THENCE due NORTH along the easterly line of said
property conveyed by Ligda to Kramer a distance of 159.50 feet to
a i" Iron Pipe;
THENCE due EAST a distanceof 30.00 feet;
THENCE due SOUTH a distance of 138.49 feet;
Thence ~outh 55° 00’ 00" West a distance of 36.62 feet-to the
Point Of Beginning.
Containing 45.37 acres more or less.
Said parcel is shown on attached map "EXHIBIT B-3~and made a part
hereof. Sa’id "EXHIBIT B-3" is prepared from record data.
End of Legal Description.
Legal: 35125011
Plat: Q8061796.dwg
PAGE 2 of 4
A.P.NO. 351-004-023 Exhibit JUNE 18, 1996
APPROVED/PREPARED BY: JAMES D. KIEHL
CHECKED BY: JAMES T. BOURQUIN
CHECKED BY: JAY E. REMLEY, SR.
LEGAL DESCRIPTION
All that real property in the city of.Palo Alto, County of Santa
.Clara, State of California described as follows,
The Southeast 1/4 of the Southeast 1/4 of Section i0, Township 7
South, Range.3 West Mount Diablo Base and Meridian, containing
approximateli 40 acres according to the official Maps thereof
approved April 26, 1867 and recorded on September 24, 1919 and
filed in the office of the Federal Bureau of Land Management.
Said Parcel 4 is shown on attached map "EXHIBIT B-3’;and made a part
hereof.
¯ Containing 40 acres more or less, acgording to said Official Maps.
End of Legal Description°
LEGAL:3510423
PLAT :Q8061796oDWG
PAGE 3 of 4
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PAGE 4 of4
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