HomeMy WebLinkAboutStaff Report 1268TO: CITY COUNCIL
CITY OF PALO ALTO
Memorandum .
January 18,2011
SUBJECT: Approval of an Exchange Agreement and Quit Claim Deed for the Exchange of a
1,525 Square Foot Portion of Public Street Right-of-Way Land Along San Antonio
Road for a 28,098 Square Foot Privately Owned Parcel of Land Located Under the
San Antonio Road Overpass to Secure and Maintain a Public Access Road to the
Former Mayfield Mall Site at 200 San Antonio Road
This replaces Iteln #1268, previously submitted for. your review and consent, for the January 18,
2011 meeting. The attachments were misaligned in the previous version.
Directo
{fr~~j City of Palo Alto
\gj}}fr5it\~ City Council Staff Report
"'"cr.."n J
(ID # 1268)
Report Type: Consent Calendar Meeting Date: 1/18/2011
Title: Approval of an Agreement and Quit Claim Deed
Subject: Approval of an Exchange Agreement and Quit Claim Deed for the
Exchange of a 1,525 Square Foot Portion of Public Street Right-of-Way Land
Along San Antonio Road for a 28,098 Square Foot Privately Owned Parcel of
Land located Under the San Antonio Road Overpass to Secure .and Maintain a
Public Access Road to the Former Mayfield Mall Site at 200 San Antonio Road
From: City Manager
Lead Department: Administrative Services
RECOMMEf;lDATION
Staff recommends that Council authorize the Mayor to sign an Exchange Agreement and
Quitclaim Deed (Attachment A) for the exchange of a 1,565 square foot portion of public street
right-of-way land along San Antonio Road for a 28,098 square foot privately owned parcel of
land located under the San Antonio Road overpass to secure and maintain a public access road
to the former Mayfield Mall site at 200 San Antonio Road
BACKGROUND
In June 2006, the City of Mountain View approved a project for redevelopment of the Mayfield
Mall/Hewlett Packard site at 200 San Antonio Road with 450 units of multiple family housing.
The entire project site, owned by Hewlett Packard (Owner), located at the corner of Central
Expressway and San Antonio Road contains 24 acres, 19.8 acres are located with the City of
Mountain View and 4.2 are located within the City of Palo Alto. On April 17, 2008, the Palo Alto
Architectural Review Board (ARB) approved plans, with conditions, for the 45 units to be built
upon the 4.2 acre Palo Alto portion ofthe project (Project). On July 27, 2009, Council adopted
Ordinance No. 5046 (CMR:209:09) approving a Development Agreement extending the ARB
. approval and Vesting Tentative Map approval for the Project to February 26, 2014, to be
consistent with the expiration of approvals for the larger portion of the housing project located
in the City of Mountain View.
One of the ARB conditions of approval for the Project ensured public access to the
development through an existing underpass roadway serving San Antonio Road. This condition
required that the Owner acquire a privately-owned parcel (Kelly Parcel) on the West side of San
Antonio Avenue on which the access road to the underpass lies and then deed this parcel to the
City of Palo Alto (Attachment B). The 28,089 square-foot Kelly parcel was acquired by Hewlett
Parckard after months of negotiation at a cost of $25,000. Another ARB condition noted that
January 18, 2011
(10 # 1268)
Page 1 of 4
the approved Tentative Map plans require the Owner to acquire a 1,565 square-foot City-
owned right-of-way parcel (City Parcel) adjacent to both San Antonio Avenue and th e Project
property (Attachment C). The ARB condition notes that "if the applicant is unable to secure the
small City owned parcel, the alternate site plan shall be considered".
DISCUSSION
During the ARB approval process there was discussion thaUhe Owner would acquire from the
City the small 1,565 portion of City right-of-way, to provide for the design as approved in the
Tentative Map. The approved site plan is not significantly different from the alternative, but it
does have some benefits in terms of design configuration. It will provide for a less cramped site
layout which eliminates some of the necessary setback encroachments. It removes a unit from
one building (Building 4) and places it at another building (Building 8) providing a greater
setback at the entry to the project (see Attachments D and E).
The 1,565 square foot City Parcel is triangular in shape with 99.20 feet of frontage along San
Antonio Road, immediately north of Central Expressway/Alma Street. The parcel overlays a
portion of the San Antonio Road right-of-way; however, it is not necessary for the movement of
traffic on San Antonio Road. It lies partially within an area that was used at one time as an
access roadway/driveway to the Owners parcel at 200 San Antonio Road. It contains 3 pine
trees, ground cover and some asphalt paving and concrete curbing (see Attachment E). The
parcel is zoned Public Facility (PF) which permits only public use. The Owner intends to apply
for a zone change once the parcel is conveyed to them to become incorporated into the
Project.
Appraisal
To aid in making an informed decision concerning the proposed exchange, staff contracted for
an independent appraisal of the City Parcel prepared by a Member of the Appraisal Institute
(M.A.I.), The purpose ofthe appraisal was to provide an opinion of the market value of the City
Parcel based on its highest and best use. By itself, the size and location of the City parcel is
severely limiting and could not be developed independently. The appraisal concludes the
highest and best use is to assemble the City Parcel with the adjoining property of the Owner.
Given this limited use, the market value of the parcel is determined by comparing the value of
the Project with and without the inclusion ofthe City Parcel. The addition ofthe City Parcel will
not affect the density or development rights accruing to the project, but, as described above, it
will affect the deSign configuration in terms of location and placement of units in bUildings. The
appraisal concludes that only one unit is affected in terms of increased market appeal and
value. The additional landscaped area afforded by the City parcel is essentially an amenity to
one of the town home units, which will provide an approximate 2 percent Increase in value over
a competing unit. Using comparable direct sales of similar units to determine the value of this
town home the appraisal concludes a market value for the City Parcel of $22,500.
January 18, 2011
(ID 111268)
Page 2 of4
Exchange
Both the Kelley and City Parcels are irregularly-shaped and are overlain by or adjacent to public
rights-of-way and roadway improvements. The Kelley Parcells larger, however, its market value
of $25,000 is comparable to the $22,500 value of the City Parcel. In accordance with the ARB
approval condition, the Developer has acquired the Kelley Parcel and deeded it to the City. In
addition, as required by the ARB approval, the developer of the project must upgrade the
access road upon the former Kelley Parcel to City standards. This benefits the City by assuring
public access to the Project through the San Antonio Road underpass. The conveyance of the
City Parcel to the Owner provides for a more desirable site layout as provided in the approved
Tentative Map. In summary, the parcels are equivalent in value, and maintain or provide pUblic
benefit by continuing access through the former private access road and by providing the
layout as approved in the Tentative Map, therefore, the exchange as requested by the
. Developer is recommended.
RESOURCE IMPACT
The Owner has paid the $1,260 deed preparation processing fee required by the Palo Alto
Municipal Code and has reimbursed the City for the cost of the appraisal. The parcels proposed
for exchange have offsetting equal economic value and the proposed exchange involves no cost
to the City. The Developer will pay for any escrow costs and recording charges.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the quit claim of the City Parcel does not impact the sites conformity with
the Palo Alto Comprehensive Plan.
ENVIRONMENTAL REVIEW
An Environmental Impact Report for the development project was adopted in June of 2006.
The proposed quitclaim for the City Parcel as assemblage to the adjacent owner are
categorically exempt from the review under the California Environmental Quality Act (CEQA)
pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land
use limitations.
ATTACHMENTS:
• Attachment A: Exchange Agreement and Quit Claim Deed (PDF)
• Attachment B: Kelly Parcel (PDF)
• Attachment C: City Parcel(PDF)
• Attachment D: Site Plan With Assembled City Parcel (PDF)
• Attachment E: Site Plan Without Assembled City Parcel (PDF)
Prepared By:
January 18, 2011
(ID n 1268)
Martha Miller, Manager, Real Property
Page 3 of 4
Department Head:
City Manager Approval:
January 18, 2011
(ID # 1268)
, .
lalo Perez, Director of Administrative Services
~;/7(r-"-
James Keenel.vlvlanager (j
Page4of4
ATfACHMENT A
(Page 1 of 17)
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
THIS AGREBM~NT FOR EXCHANGE OF REAL PROPERTY ("Agreement") is dated
January ~ 2010'r("Effective Date"), and is made by and between HEWLETT·PACKARD
COMPANY, a Delaware corporation ("Developer"). and the CITY OF PALO ALTO, 1\
California municipal corporation eClty"). City and Developer are herein collectively referred to
as the "Owners.»
RECITALS
A. City is the owner of certain real property (referred to herein as the "Triangle"),
located within the City of Palo. Alto, California, consisting of an approximately 0.12-acre
remainder portion of land Wlderlying the public right of way for San Antonio Road and which is
more fully described and depicted on Exhibit "A" to this· Agreement. Gity intends to convey the
Triangle to Developer so that It may he incorporated into Developer's approved site plan for the
"Mayfield" residential development Pl:oject ("Project'?,loeated at 200 San Antonio Road.
B. In connection with the Project, by that certain Grant Deed recortjed in the·Official
Records of Santa Clara County, California on April 9, 20 I 0 as J;locument No. 20672467, a copy
ofwbich is attached hereto as Elxhibit "B", Developer caused to be conveyed to City certain real
property (referred to herein as the "Kelley Parcel'1 located within the City of Palo Alto.
Clilifornia, consisting of an approximately 0.59 acre remainder portion of land underlying the
public right of way for an underpass serving San Antonio Road. The Triangle and the Kelley
Parcel are correctively referred to herein as the "Properties."
C. Incident to City's issuance of land use approvals ("Approvals") for the Project,
specifically a Vesting Tentatiye Subdivision Map and Architectural Review Board design
approval, City desired Developer to cause the Kelley Parcel 10 he conveyed to City. In
anticipation of Developer acquiring rights to the City owned Triangle, City has approved the
Project in a site design configuration which included the Triangle· as part of the Project. The
Kelley Parcel and the Triangle. are both small, irregularly-shaped fragments of real property
overlain by or adjacent io public rights of way and roadway improvements, and such Properties
therefore have no feasible economic use and no objective value to any third party.
D. As contemplated In the Approvals, City and Developer now desire to complete
the previously anticipated exchange of the Triangle and the Kelley Parcel.
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, City
and Developer agree lIS follows:
TERMS AND CONDITIONS
L EllChange of Properties: In exchange for the acknowledged conveyance of the
Kelley Parcel to the City, City agrees to transfcr and convey the Triangle to Developer upon the
terms and conditions of this Agreement. The Owners agree that the reciprocal conveyances
described herein are an exchange of real properties with offsetting equal economic values and no
additional monetary remWleration shall bc paid to either part.y.
1Il1404.06
2. Title and Conveyance of the Triangle: At the Property Closing (defined below),
"City shall convey "the Triangle to Developer by quit claim deed in the form attaehed hereto as
exhjbit ''C'' (the "Triangle Deed"), with title free from any public rights of way and other rights
of the public. If shall be a condition to the Property Closing that First American Title Insurance"
Company ("Title "Company"), be irrevocably committed to issue, subject only to payment of its
premium therefore, a standard owner's ALTA policy of title insurance (the "Triangle Title
< Policy'" in fomi aniI substance acceptable to Developer, insuring roe simple title to the ;rriangle
vested in Developer, subject only to exceptions approved by Developer during the DUe Diligence
Period (as defmed below). City will complcte any necessary abandonment of any public rights
of way and other rights of the public in or over the Triangle prior to the Property Closing.
3. Inspection:
<3.1 "Documents: To the extent such items ere in City's possession or
reasonably within City's control, City shall make available for inspection by "Developer, the
information and documents available in City's files conceming the Triangle, within ten (10) days
after the"date of this Agrc<ement. "
3.2 Due Dilhlenee: Developer and Its agents shall have until 5:00 p.m.,
PaCific Time on the thirtieth (30th) day following the full execution arid delivery of this
Agreement by the "OWners (the "Due Diligence Period") in which . to exlimine, inspect, and
investigate the Triangle and, "in Developer's sole discretion, to determine whether the same is
satisfactory to Developer. peveloper may elect for any reason, in its sole discretion, to terminate
this Agreement pursulirtt to tWs Section 3.2 by giving notice of termination (the "Due Diligimce
Tennmation Notice'~ to City on or before the end of the Due Diligence Period. Developer shall
be deemed to have approved such examination, inspection and investigation, and this Agreement
shall oontinue in full foree and' ~fect, if'Developer does ndt deliver a Due Diligerlce Termination
Notice tQ. thy as 'specified herein. In the everit Developer elects tp ternlllU\te tWs Agreement
pursuant to IWs Section 3.2, then neither Developer nor the City shallthereJifter have any further
nghts or" obligatiohs under tWs Agreentent uriless expreSsly provided otherwise herein.
Developer shall have reasonablellC(:ess ro the Triangle djlring the term of this Agreement for the
PUrpose< of conducting snrveys, arehitectnrsl, engineering;" geotech!1lcal and environmental
" inspections"and tests, and other inspections, studies, and tests desiied by Developer (collectively,
"Inspections"); pi-ovided, however, that Developer shall not coilduct any physical testing, boring,
sampling or removal (cpllectlvely, "Physical Testing") of any portion of the Triangle without
f11'St obtaining the written consent of City. DevelQper, on behalf of itself and its agents, bereby
waives all claims against City for any injury to persons or damage to property arising out of any
Inspj:Ctions ()r Physical Testing, including, without Iimitalion, any damage to the tools and
equipment of Developer or its agents. and agrees to indemnify, protect, defend and hold the City
harmless from and against any and all claims, liabilities, damages, costs and expenses of any
kind or character arising from, related to or caused by Developer's entry upon the Triangle or the
perfonnance 'ofthe Inspections and any Physical Testing by Developer or its agents.
Illl40QJi6 "2 "
L~~
4. Conditionsto Properly Closing:
4. L Conditions. The obligations of the parties under this Agreement to
complete the Property Closing are subject to the satisfaction on or before the date of the Property
~ Closing of the folloWing conditions precedent:
4.1. I The obligation of City to ~complete the Property Closing shall be
conditioned on the satisfaction of tho following conditions: (a) the City shall have acquired the
Kelley Parcel (which condition the City hereby acknowledges has been satisfied). and (b) .
Developer shall not be in default of any covenant. representation or warranty under this
)\greement.
4.1.2 The obligation of Developer to complete the Property Closing shall
, be conditioned on the satisfaction of the following conditions: (a) the Title Company shall have
issued or shall have committed to issue, upon the sole condition of the payment of its regularly
scheduled premium, tlie Tri.angle Title Policy, and (b) the City shall not be in default of any
covenant, repres~tation or· warranty under this Agreement.
,
4.2 Failure of Conditionll. If any of the conditions set forth in Scction 4.1 are
not timely satisfied or waived by the applicable party and neither party is in default hereunder,
!ben the party benefited by such eondition may by written notice to the other party terminate this
Agreement and the rights and obligations of City or Developer shall terminate and be of· no
further force or effect except as to ·those matters as specifically stated in this Agreement to
survive termination. In the event of the failure of any such condJiion due to a default by one of
the Owners, such default may be waived by the non-defaulting party in which event the Property
Closing shall proceed, and in the absence of any such waiver Section 8 below shall apply.
4.3 Satisfaction of Conditions. The occurrence of the Property Closing shall
constitute satisfaction of conditions set forth in Section 4.1 that were not otherwise specifically
satisfied or waived by the Owners.
5. Escrow:
S.l Opening of Escrow: Once this Agreement has been fully executed, the
Owners shall open an escrow ("Escrow'~ with the Title Company. The Owners shall also
execute such further escrow instructions as the Title Company may reasonably require in
connection with the Property Closing so long as such instructions are consistent with the
provisions of this Agreement. In the event of any contlict between the terms and conditions of
this Agreement and the provisions of any escrow instructions, the terms and conditions of this
Agreement shall control.
5.2 Property Closing: Subject to the satisfaction or waiver ofthe conditions to
the Property Closing set forth in Section 4.1 hereof, the closing ("Property Closing") shall occur
at the offices of the Title Company, and be completed on or before the earlier of: (8) the date
which is ten (10) business days following the date upon which Developer gives notice to City
that Developer desires to close the transaction, or (b) March 31, 2011. It is understood and
agreed by the Owners that the Property Closing may occur concurrently with Developer's
conveyance of the Project to a third party and such third party may be the Developer's nominee
111140&.06 -3 -
to take title to the Triangle pursuant to Seetion 13 below. Each of the Owners agree to work with
the other party, such third party which is acquiring the Project and any escrow or title officers
involved in the cOnveyance of the Project, so that the Property Closing and the closing of
Developer's conveyance of the Project shall occur concurrently.
5.3 Triangle Deed: Further Assurances: City shalt deliver the duly executed
and acknowledged Trilll18le Deed into Escrow within ten (10) business days following the
eXpiration of the Due DiligenceJ'eriod. The Owners shall each deposit such other instruments 118 ate reasonably required by the Title Company or otherwise required to consummate the
exchange of the Properties in accordance with the t= hereof
5.4 Taxes; Closing Costs: Developer shall accept the Triangle subject to any
non-delinquent real property taxes and assessments. Developer shall pay for the cost of the
rriangle-rille Policy lIS well lIS all other escrow costs and recording charges, or any other
charges required to close escrow on this Agreement
6. No Brokers and Finders: Neither party has had any contact or dealings regarding
-thp Trllll18le or the Kelley Parcel through any real estate broker, finder or other person who can
claim a-right to a comn\isslon or finder's fee in connection with the transaction contemplated
herein. -Each party agrees to prolect, defend, indemnify and hold haImless the other party from
IIild against any and aU commissions, fees and other compensation claimed by any broker, finder
or third party arising by virtue of this transaction whose commissions, fees or other
compensation, or any claim therefor, arises from acts of the indemnifying party. The obligations
of iMeronity contained in this Section 6 shall survive the Property Closing or the earlier
expiration or tennination of this Agreement.
7. As-Is: Mutua) Release: Each of the Owners represents, warrants and covenants to
the other party that: (I) -Owners are familiar with and have investigated the Triangle and the
Kelley Parcel and. all matters pertaining thereto, and there are no representations or warranties of
any kind whatsoever, express or implied, made by the Owners to eaCh other -in connection with
this Agreement, the exchange of the Triangle for the Kelley Parcel, the physical condition of the
Properties, or whether the Properties comply with applicable laws or are appropriate for the
Owners' respective intended uses, as applicable (except any representations given by City to
Developer in connectiQll witl.t the development ()!' entiilement process of the Project); (il) except
as expressly set forth in this Agreement, l\either party is relying on any statement or
representation made by the other party, or the Other party's agents or representatives; (iii) the
Owners are aware (or have voiun)arily chosen not to be aware) of all zoning regulations, other
governmental requirements, site and physical conditions, title Bnd other matters affecting the
ownership, use IlI1d condition of the Properties, as applicable; and (iv) City accepts the Kelley
Parcel, and Developer accepts thc Triangle, in their respective "AS IS" condition WITH ALL
FAULTS lIS of the date of the PrQperty Closing, and both Owners waive and release any and all
claims, demands, causes of action, losses, costs, dllll1ages, penalties, fines, taxes, remedial
actions, I1lmovai and disposal costs, iDvestigation and remedial costs and expenses (including,
without limitation, attorneys', expert and consultant fees), whether direct or indirect, known or
unknowil, either party may have against the other party as a result of the foregoing matters.
The provisions of this Section 7 shall survive the Property Closing. The Owners each hereby
waive tlie provisions of Califomia Civil Code Seetion 1542, which provides that:
11210108.06 -4-
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH TIlE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT TIm
. TIME OF IlXECUTING THE RELEASE, WHICH!F KNOWN BY HIM OR HER MUST
HAVE MA TERIALL Y AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
By initialing below. the Owners hereby waive the provisions of Sootion 1542 solely in
connootion with the matters which are the subject of the foregoing waiver and release:
. Initials by City: .~~ __ ~ __ Initials by Developer: U'if!!:-
8. LImitation on Deyeloper Remedies: If City shall default in iis obligation under
this Agreement to· convey the Triangle to Developer. Develojler's sole and exclusive remedies
shall be either to (i) sue for spooific perfonnance. or (ii) terminate this Agreem~t. which
tennination shall release the defaulting party from any and all liability hereunder. Developer
shall be deemed to have elected to tenninate this Agreement if it falls to file suit for specific
performance agalnst City on or before ninety (90) days following the date upon which the
Property Closing was to have occurred. Developer hereby waives any other rern~les available
at law or in equity in the event of a default by City in its obligation 10 convey the Triangle to
Developer. including without limitation its rights to seek damages for such default.
9. Attorneys' Fjles: Should any action or proceeding be conunenced between the
parties hereto concerning the Propertles. this Agreement or the rights and duties of either party
pursuant thereto. the prev.ailing party shall be entitled, including in any specific perfonnance
action and in addition to all other relief as may be granted by the court, to reasonable sums for
attorneys' fees and cosis in the discretion of the court. "Prevailing party" as used In Ibis Section
9 includes a party who dismisses· an action for recovery hereunder in· exchange for· sums
allegedly due, perfonrnmce of covenants allegedly breached or considerations sUbstanli.ally equal
to the relief sought in the action.
10. Notices: Any notice or report required or desired to be given regarding this
Agreement shall be in writing and may be given by personal delivery. by certified mail return
receipt requested. or by courier service. Any notice or report addressed 10 the Owners at· their
respective addresses sct forlli below, as appropriate, shall be deemed to have been given (i) when
personally delivered, (ii) if properly addressed and deposited in the mail (certified, return receipt
requested), on the date shown on the return receipt·for acceptance or rejection or (iii) if properly
addressed and deposited with a reputable overnight carrier. on the liusiness day next follOwing
the date of deposit. For this purpose, a "business day" shall be a day on which such reputable
overnight carrier has regularlY scheduled delivery (excluding Saturdays).
lI21408-06
Each notice to City shail be delivered to;
Office of the City Attorney
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 9430 I
·5·
. i
Bach notice to Developer shall be delivered to:
Office ,of Corporate GcneralCounsel
Hewlett-Packard Company
3000 Hanover Street
Palo Alto, CA 94304 ,
13.. Assignment: Developer may assign its right, title and interest in and to this
Agreement to any other PartY without the approval of City. Additionally, Developer shall have
the right to designate a nominee to acquire title to the Triangle under the Triangle Deed. . .' ." .
. 14.' ' Miscellaneous: This Agreement constitutes the c6mplete and fmal expression, of
the agreemellt of the OWners relating to the matters set forth hereIn and supersedes all previous
contracts, agreeinenls; aridundetiltaiJdings of the Owners, eithef oral or written, relating thereto.
This Agreemellt cannot be modified,or any of the terms hereof waived, except by an inslrUlnent
in writing (referring spedficallyto this Agreement) executed by the party against whom
enforcement of the ln6dlfication or wruver is sought: Time is of the essence for the performance
of each and every covenant and for the satisfaction of each and every cOndition contained in this
Agreement. This Agreement Shall be .governed by and construed in accordance with the Jaws of
the State of CalifornIa. The language in all 'parts of this Agreement shall in all cases be
construed as a whole acCording 'to iis reasonable meaning. This Agreement may be exeeuted in
counterparts by the parties hereto; and shall become biilding when all parties have eaeh executed
and delivered to' the other party a Counte!pllrt hereof. and together' such executed counterparts
shall constitute this Agreement. Each plirtyhereto shuJlexecute. acknowledge and deliver or to
cause to have executed, acknowledged and delivered, such other and further instnunents and
documents as may reasonably be requested by,the other to carry out ttils Agreement. '
[Siguatore page follows]
L
IN Wl1NESS WHEREOF, the parties hereto have executed this Agreement on "the
respective dates set forth below. "
DEVELOPER:
HEWLETT·PACKARD COMPANY,
a Delaware corporation
BY:d.-~
Name: 8'W~ 'PnfRr
Tide: ve,. ikn 6"" ,f Itrlf. '!:!f'
Dale: December 1,2010"
ClTY;
Cily of Palo Alto,
a California Municipal Corporalion
By:" ______ ~ ________ ~
Name: ______ "_~ ___ _
Title:: _______ ~
APPROVED AS TO FORM:
By:_""
City Attorney
Date: January_"~. 2011 "
1111<40s.o6
ACKNOWLEDGED:
By:_-:-;-_"=-:-____ _
City Clerk
-7 -
;
"
, I
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TRIANGLE LEGAL DESCRIPTION AND DEPICTION
TImt certain real property located in the Cit)' of Palo Alto, County of Santa Clara; State""
of California, and more particularly described as follows:
Real Property in the Cit)' of Palo Alto, County of Santa Clnra, Slate of California, being a
portion of Parcel No.2 as described in the Filial Order of Condemnation recorded April 18,
1962,.in Book 5543 of Official Records, page 586, Santa Clam County Records, and a portion of
Parcel No. I as described in the Final Order and Decree of Condemnation recorded April "18,
1962, in Book 5543 of Official Records, page 591, Santa Cllllil County Records, described as:
follows: "
Beginning at the most easterly corner of said Parcel No.2;
Thence along the southeasterly lines of said Parcel No.2, the following two courses:
1. Thence South 38°23'10" West, 68.00 feet;
2. Thence North 51 °36'50" West, 2.57 feet:
~:
Thence North 08°39'58" East, 99.20 feet. to a point of cusp, being on the ea~terly"line of said
Parcel No. I:
Thence along said easterly line, southerly, along a tangent curve to the Jdt, having a radius of "
36.00 feet, whose"center hears South 81°20'02" .Easl, through a central angle of 60°16'49" for an
arc length of37.87 feet, to the northeasterly line of Parcel No.2; "
Thence along sold northeasterly line, South 51 °36'50" East, 20.49 feet. to the Point of
Beginning. "
1111408.00 -8-
LEG£N~
(II) fWlIAi. , 1!tAAI~ hJ" i p.o.e. _r OF BECM<!HO 1 IN •• 80 FT.
SAN ANTONIO ROAD
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All'(}. ItOt rl$l ",,'VoW in lht ehy of r.to Aho. County \)f $wJt1f t!l\l'l'o, 5tllt cil ()llrOlttiJ,
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t!}!R'N'JI'fCNH!I 01' A.CeEHA-WE.
'lbl0 is co CQt'f'.;'f)" tilut; t:'0 1ntereat in :red prol'IU:Ly r:CilvflYtill IJ~
thO wLtlau dtted 01' qrant fO ttJQ C:!.ty tif t'j),ln ,,.:t">f • C8,l!tQlnh l~h"'II:~r C!CY-. !& b't:'oOby olCC@I.e6 1.1)' t.11. \:mre!9tild officer 01'
lluaftt 00 hfih1'l1r af:.t.~ (:;ounon O~ the. C!ty.of palo ;.t·~(li \\Ul'HUIIf+t, to .vthQf'h:V corafi!rm rrl :~.solUr:t.(ltt I'J! ills lllli-t3 C,,1,Illf,li ... ,"*ptetl
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llersonJ(l a<-"tad, "('QCu~\ toll. inl'f~rtnent.
= l;41ntt:y ~'Dder l'Uft.'A!."V ur IEMUey UtUihr tM In.~ ¢ ,;:hO DrAlt& ot Oa.lifornla t;tmt tho fox.Ml:~g £)jt"aurt\J).ll 1a tnu. and cozrect.
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EXHIBIT "C"
FORM OF TRIANGLE DEED
[Attached]
-J 5 -
-_.--" .~ .... "-... ""---_ .. ........ ". '""
RECORDING REQUESTED BY'
WHEN RECORDED MAIL TO AND
MAlL TAX STATEMENTS TO;
(Space Above for Recorder's Use)
QUITCLAIM DEED
The undersigned Grantor declares that this conveyance is exempt from the payment of
Documentary Transfer Tax pursuant to Section 11922 of the California Revenue and Taxation
Code, as amended.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
which is hereby aclmowledged, the CITY OF PALO ALTO, a Californiamunicipai corporation
("Grantor"), does hereby quitclaim, remise, convey and release to -:-:---:::-__ ;;-::-_
{"Grantee"),lhat certain real property (the "Property") in the City of Palo Alto, County of Santa
Clara, State of California, more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference. Additionally, Gr!llltor releases and conveys any rights uf
the public in, to or over the Property.
IN WITNESS WHEREOF, this Grant Deed has been executed this ____ day of
_____ " 2011.
CITY OF PALO ALTO,
a ClIIifurnia municipal corporation
By: Nam-e-:~----------------
TItle: ______ --'-__ _
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
·16 -
· ......... _--_." .. ,".--_ ... -..... , ..
EXHIBIT "A"
Legal Description of Property
That certain real property located in the City of Palo Alto, County of Santa Clara, State of
California, aad more particularly described as follows: _ -_
Real Property in the CitY of Palo Alio; County of Santa Clara, State of C!llifornia, bei,llga
portion of Parcel No.2 as descri\1ed in the Fhial Order of Condemtllltion recorded April 18,
1962, in Book 5543 of Official Records, page 586, Santa Clara-County R~cords, and a
-portion of Parcel No. I as described in the Final Order and Decree of Condemnation
.recorded April 18; 1962, in Book 5543 of Offieial Records, page 591, Santa Clara County
Records,deseribe_d as follows! -. -. --' '--
Beginnlrig -atthemost easterly eomer of said Parcel No. '2;
Thence along the southeasterly lines of said Parcel No.2, the following two courses:
1. Thence South 38°23'10" West"68,00 feet;
2. Thence North 5 1°36'50" West, 2.57 feet;
Thence North 08°39'58" East. 99.20 reel, to a point of cusp, being on the easterly line of
sald Parcel No. I:
Thence along said easterly Hne, southerly, along a tangent curVe to the left, having a radius
of 36.00 feet, whose center bears South 81°20'02" East, through a central angle of
60°16'49" for an arc length of 37.87 feet, to tlle northeasterly line of Parcel No.2;
Thenee along said northeasterly line. South 51·36'50" East, 20.49 feet, to the Point of
Beginning. .
112141)3J)& • 17·
__ Pl_IliDl
,.,.,...... W8tet Featue ~ (SO)
i!Jll c.teh Ib:$in l,$0}
"'.. Jnlet{SO)
" -ISO) <10", 0t.4fd (SO)
,-, W;<~ (SO)
,-F!l)e.UBh(WT)
..--Pipe. SeNce (WT) ____ PPl, Main H}'dr.rIlt (WTj
""..-C1'I'Juin; ~1'I9'(Wi) n CoI.Iping, ~ (WT)
.. ~~(WT)
i1 F'MjI'JO,~twn
Q ~1(Wt}
~ fHlter, htail'I ('Wi)
~ ~.$~O'(WT)
" -lWll X !Itr! strudimII fIbdO, M'M (\¥'I) o Valle, Uair1 ('oVT)
'f' vfiIio.&, Air ReIi~(WT) o VR,6aNce(Wl) o VN. HyOr1nt (WT)
" Vb. B1OwIJftwt}
.1Ii!Ie Text (\NT)
.--P~. ~(GS)
:;: c.atra' Ff.ting (OS)
-. COp (GOl
$ Pipe. SeNe.e ~ I,'GS)
;! ~~er(GS)
V ~ ReMer(GS)
~,...~ .. ' Cn:r;w.g C3:!;11lg [GS}
,.",-FI\!I'I,:;e(GS)
Meter, Si!Jt\ice (GS)
3 Weter, Senk:eCtrb(GS)
.,..-p~. Man (GS)
9~" TIIb1 (GS) o v ..... Ma,!t, (GS) o v8he,$~(m-}
;:" V~. tlrIp (GiS}
",.--Pi~ Late:af (WW)
Fi!t~~(iNWr.
.,..-Pipe. 1.fI:Ml PabAtto ()M1od(WYll)
.-"'" ~. Main I'Iot City o.ned (W'W)
".~'-. CtonI('9 Casing ~
0" ~. Meil'l (WW)
~'. ~. L.atai'al (WIN)
y \tIQ'I S~ NtdQ,. MlSntNNJ
F1~ Tee(WW)
:011 FItting. Ph:g (:N'N;
\to MIri'oIe. M.Sn (WYII}
~/ I.am~~ 'Main (rII'M
\i A",1ing tiet, MIn rN'M
i\ ~ r:.ap (WW)
~~ 'JlQ:rt~
~ ~tahtI, III" (W'N) • PeinI 'Tap (YM)
~~Mo.!".iI\o$II'N"'#<~1"f"~fJ:.;,p~J'W:tQ>T!l'!.t;!~I'IoW*.;~".:ml:i!'!:IrNI'II!Qt!':I$-=~
l'
i,
Kelly Parcel. To Be Deeded To City
o
1t\. to;" ,.r Palo ABo
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3!
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~
. ;.
LEGEND
(R)
P.O.B.
RADIAL BEARIHG
POINT OF BEGIHNING
4p 80
I I
80 FT.
SAN ANTONIO ROAD
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CITY OF PALO ALTO --_···-CiTV-OF MouNiAlt~" V:::IE:,-W-L...--------j-~~--i
111100al<l,,,,d Rood
95131 "PALO
CITY PARCEL
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ATTACHMENTD·
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