Loading...
HomeMy WebLinkAboutStaff Report 2687City of Palo Alto (ID # 2687) City Council Staff Report Report Type: Action ItemsMeeting Date: 4/16/2012 April 16, 2012 Page 1 of 6 (ID # 2687) Summary Title: Sand Hill Road Development Agreement Amendment Title: Public Hearing: Adoption of an Ordinance Approving an Amendment to the 1997 Sand Hill Road Development Agreement to Extend Lease on El Camino Park and to Remove Approximately 10.25 Acres of Land (Searsville and Fremont Roads) in Santa Clara County from Special Condition Area B to be Used for Central Energy. (Cogeneration) Facility. From: City Manager Lead Department: Planning and Community Environment Recommendation Staff and the Planning and Transportation Commission recommend that Council approve the attached Ordinance (Attachment A) approving the proposed amendment to the 1997 Sand Hill Road Development Agreement to remove a 10.25-acre site from the 139-acre Special Condition Area B within the jurisdiction of Santa Clara County, and to extend the lease of the 10.74-acre El Camino Park, from June 30, 2033, to June 30, 2042 (Attachment B). Executive Summary The Ordinance for Council approval amends an existing Development Agreement to enable the City to extend an existing lease with Leland Stanford Junior University (Stanford) of 10.74 acres of dedicated parkland known as El Camino Park until the year 2042, a nine year extension. The amendment would also allow for removal of a 10.25 acre piece of land within the County’s jurisdiction from “Area B” in the Agreement. Stanford would then pursue an application to the County for development of a Central Energy Facility (cogeneration plant) within Area B. Background April 16, 2012 Page 2 of 6 (ID # 2687) In 1997 the City of Palo Alto and Stanford University entered into the Sand Hill Road Development Agreement (Development Agreement) concerning Sand Hill Road Projects, including Stanford West Apartments; Stanford West Senior Housing; Stanford Shopping Center Expansion; a collection of various roadway improvements; and the creation and annexation of a small parcel of property created by the relocation of Pasteur Drive at Sand Hill Road. The 1997 Sand Hill Road Development Agreement has been amended on two previous occasions, in 2001 and 2003. Area B Area B is located in Santa Clara County and is comprised of 139 acres that the Development Agreement refers to as “Special Condition Area B.” The property is within the permitting jurisdiction of Santa Clara County and is regulated under the County’s 2000 Stanford Community Plan and General Use Permit (GUP). Although the area is within the County, the Development Agreement between Stanford and the City of Palo Alto addresses these parcels. The proposed application is to remove a 10.25-acre area from Area B (shown on Attachment B). The Development Agreement currently prohibits development in a portion of Area B (including the proposed area) until December 31, 2020, except for academic and recreational fields (including the golf course) and associated support facilities and housing. El Camino Park The City of Palo Alto has an existing lease with Stanford for the use of El Camino Park. The current lease, which covers an area of approximately 10.74 acres (including the area of the El Palo Alto redwood tree on the north side of Palo Alto Avenue), expires in June 2033. In June 2011, the City Council directed staff to pursue a long-term lease with Stanford for El Camino Park beyond the current expiration date. The 1997 Development Agreement extended the El Camino Park and Depot leases from 2013 to 2033, removed the City from the MacArthur Park and Red Cross leases, and allowed the City the right to terminate, in 2013, the Depot lease. Planning and Transportation Commission Review The Planning and Transportation Commission (Commission) reviewed the proposed amendment in a public hearing on March 14, 2012, and voted 5-0-1 April 16, 2012 Page 3 of 6 (ID # 2687) (Commissioner Tuma not participating due to a conflict of interest) in support of the proposed amendment as recommended by staff and set forth in the attached ordinance, subject to a condition restricting the early use of the land removed from the Special Condition Area B to a new cogeneration power plant. The applicant had stated during the hearing that the area to be removed from Area B is the preferred site for the energy plant and therefore stated no objection to the condition. Attachment B incorporates the additional condition recommended by the Commission. The Commissioners understood that the extension of the El Camino Park lease was consistent with Council’s prior direction and would be beneficial for Palo Alto. One public speaker presented his opinion that the Council should be encouraged to wait on the action until a project is filed with the County of Santa Clara for the development of Area B, and asked the Commission to be aware of other pending and potential projects adjacent to the El Camino Park. The applicant noted that the County application and review process would be lengthy and costly and there would be no reason to proceed without certainty about the requested amendment. A citizen’s letter to the Commission regarding the loss of a former bike path through the County Area B due to installation of Stanford’s golf practice area was noted by a Commissioner, and the applicant addessed this topic, stating that the relocated bike path is a longer, less direct path, but that the request would be considered. The Commission’s staff report and minutes are included as Attachments C and D, respectively, to this Council report. Discussion The City received an application from Stanford University to execute an amendment to the 1997 Sand Hill Road Development Agreement Section 65868 of the California Government Code and section 8(b) of Palo Alto Resolution No. 6597 (Mar. 9, 1987) provide that a development agreement may be amended by mutual consent of the parties to the agreement. A Development Agreement or amendment thereof requires review and public hearing by the Planning and Transportation Commission and Council. April 16, 2012 Page 4 of 6 (ID # 2687) The subject Property is located within the portion of Area B where the Development Agreement currently allows housing. Except for this small piece of land, the Development Agreement already allows development on the Property, and the requested amendment to the Development Agreement would change only the type of development that is allowed under the Agreement – from housing to “academic and support uses.” The requested amendment to the Development Agreement would allow Stanford to accelerate the development of academic and support uses in advance of the December 31, 2020 date. The Property lies within the Academic Growth Boundary and the Academic Campus land use designation of the Community Plan and GUP, which allows the development of academic facilities and support uses. The housing commitments of those plans remain in place. Removal of the Property from Area B would not result in any changes to either the Community Plan or GUP, which both would continue to apply to the Property. By removing the Property from Area B, the City is not approving or authorizing any development on the Property; such development will remain subject to County review and approval. Stanford University is considering this site for a new energy center to replace the campus’ Cardinal Cogeneration energy facility. The new energy center is an important part of Stanford’s long-range Energy and Climate Plan, which is designed to increase energy efficiency while reducing the environmental impacts associated with supplying energy to the Stanford campus. Stanford is still in the planning process and has not yet proposed a specific project for the County’s approval. The energy facility is not part of this application and is not part of the Commission’s review. El Camino Park The City leases land from Stanford along El Camino Real that is improved with El Camino Park and other facilities. In June 2011, the City Council, while discussing improvements to the ball field, directed staff to see if Stanford would consider extending the lease on El Camino Park. The current lease expires in June 2033. Stanford is proposing that in exchange for releasing approximately 10-acres from Area B nine years early (currently the restriction is until 2020), they will extend the approximately 10-acre El Camino Real Park lease nine years, from 2033 to 2042. April 16, 2012 Page 5 of 6 (ID # 2687) Timeline The applicant submitted the request for the amendment on February 2, 2012. The Planning and Transportation Commission reviewed and recommended the amendment in a public hearing on March 14, 2012. Resource Impact This amendment will not have a financial impact on the City, other than to assure that the lease cost to the City for El Camino Park will remain negligible for another nine years. The Development Agreement Amendment review is a cost-recovery application process such that staff and consultant resources expended during the process are covered by the applicant. Any economic benefits or costs of the Energy Facility accrue to the County and Stanford. Policy Implications Extension of the El Camino Park lease is consistent with the Comprehensive Plan and with recent Council direction to pursue such an extension. Environmental Review The County of Santa Clara certified an Environmental Impact Report in December 2000 for the Stanford University Community Plan and General Use Permit (GUP). The GUP EIR is a program-level EIR that addresses the impacts of developing Stanford’s lands within the Academic Growth Boundary (AGB) established by the County's Community Plan. The City's approval of the proposed amendment to the Sand Hill Road Development Agreement would not result in any new or substantially more severe impacts than were disclosed and evaluated in the GUP EIR because the City's approval would not change any of the terms and conditions of the Community Plan and GUP that govern development of the 10-acre site, which have been evaluated in the GUP EIR. At most, the City's approval would merely accelerate the development of academic support uses on the 10-acre site, but still in a manner consistent with the Community Plan and the GUP. Environmental review for the Energy Facility will be conducted by Santa Clara County as part of the entitlement process. Attachments: Attachment A: Ordinance for the 3rd Amendment to Sand Hill Rd Development Agreement (PDF) April 16, 2012 Page 6 of 6 (ID # 2687) Attachment B: Amendment to Sand Hill Road Development Agreement (PDF) Attachment C: March 14, 2012 Planning and Transportation Commission Staff Report (PDF) Attachment D: March 14, 2012 Planning and Transportation Commission Minutes (PDF) Prepared By:Amy French, Current Planning Manager Department Head:Curtis Williams, Director City Manager Approval: ____________________________________ James Keene, City Manager Not Yet Approved 120325 jb 0130938 1 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Approving The Third Amendment to the Development Agreement Between the Board of Trustees of the Leland Stanford Junior University and the City of Palo Alto Dated August 14, 1997 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Recitals. A. The City of Palo Alto (City) and Stanford are parties to a certain Development Agreement dated August 14, 1997 (the "Sand Hill Road Development Agreement" or "Agreement"), concerning the Sand Hill Road Projects, which include, as described in Paragraph l(k) of the Agreement, the Stanford West Apartment Project; the Stanford West Senior Housing Project; the Stanford Shopping Center Expansion Project; a collection of various roadway improvements, including widening and extension of Sand Hill Road, widening and improvement of Quarry Road, construction of a new Vineyard Lane, extension of Palo Road, extension of Stockfarm Road, and related roadway improvements; and the creation and annexation of a small parcel of property created by the relocation of Pasteur Drive at Sand Hill Road. B. Section 65868 of the California Government Code and section 8(b) of Palo Alto Resolution No. 6597 (Mar. 9, 1987) provide that a development agreement may be amended by mutual consent of the parties to the agreement. C. Pursuant to these provisions, paragraph 11 of the Agreement provides that the City and Stanford may amend the Agreement from time to time by mutual consent. D. Paragraph 6(i) of the Agreement provides that until December 31, 2020, Stanford shall not develop the approximately 139-acre parcel known as Special Condition Area B ("Area B"), as defined by the 1989 General Use Permit issued by Santa Clara County (the "County") for the Stanford campus, except for academic and recreational fields (including the golf course) and associated support facilities; provided that the Agreement allows Stanford to propose and construct faculty, staff or student housing within a specified portion of Area B regardless of the December 2020 date. Exhibit H-3 to the Agreement contained a map that depicted Area B. E. In April 2001, the City and Stanford executed a First Amendment to the Agreement ("First Amendment"). The First Amendment revised Area B to exchange restrictions on portions of Area B such that (i) development would be precluded until December 31, 2020 on a 13-acre area that previously had been slated for the near-term development of housing under the original Agreement in 1997, and (ii) development of housing would be permitted on another, adjacent 13- acre area that had been restricted under the original Agreement until December 31, 2020. Exhibit B (dated Apr. 9, 2001) to the First Amendment amended Exhibit H-3 to the Agreement in order to show the revised boundaries of the housing development areas within Area B. F. Subsequently, in 2003, the City and Stanford executed a Second Amendment to the Agreement ("Second Amendment"). This Second Amendment was intended to implement the First Amendment, by defining more precisely the boundary between that portion of Area B Not Yet Approved 120325 jb 0130938 2 where development was restricted until December 31, 2020, and that portion of Area B where the development of housing was permitted regardless of the December 31, 2020 date. To that end, the Second Amendment included a legal description and an accompanying plat map. G. The property that is the subject of this Amendment consists of approximately 10.25 acres of land. This 10.25-acre area will be referred to as the "Property." This Amendment removes the Property from Area B. Except for a small sliver of this land in the northwest comer of the Property, the Property is within that portion of Area B that is contemplated for development of housing under the Agreement (as amended by the First and Second Amendments). H. Area B is owned by Stanford and is located within the land use jurisdiction of the County. I. In December 2000, the County approved the Stanford Community Plan (the "Community Plan") and a new General Use Permit (the "2000 GUP") for the Stanford campus, which established an Academic Growth Boundary and permitted the development of 2,035,000 net new square feet of academic facilities and academic support uses on the campus within that boundary on lands within the "Academic Campus" land use designation. J. In approving the Community Plan and the 2000 GUP, the County in December 2000 certified, pursuant to the California Environmental Quality Act ("CEQA"), a Final Environmental Impact Report (the "2000 GUP EIR") that evaluated at a program-level the environmental impacts from the maximum level of development on the Stanford campus that would be allowed under the Community Plan and the 2000 GUP. K. The 2000 GUP contains detailed procedures for evaluating individual, site specific building projects that Stanford proposes to build on the campus to implement the Community Plan and the 2000 GUP. L. The entirety of the Property is located within the Academic Growth Boundary on lands designated for Academic Campus uses, and therefore may be developed for academic and support uses under the Community Plan, 2000 GUP, and 2000 GUP EIR approved by the County. M. Stanford wishes to submit an application to the County to develop the Property as a new energy center that is anticipated to increase energy efficiency while reducing several of the environmental impacts associated with supplying energy to the campus, including greenhouse gas emissions. N. The precise footprint, design, and operational characteristics of the new energy center have not yet been determined. At such time when Stanford submits an application to the County to develop the Property, the County will review the application based on the 2000 GUP EIR and will conduct any further environmental analysis that may be required under CEQA, in accordance with the site-specific project review procedures contained in the 2000 GUP. O. By removing the Property from Area B, the City is not approving or authorizing any development on the Property; such development will remain subject to County review and approval. Not Yet Approved 120325 jb 0130938 3 P. The City leases land from Stanford along El Camino Real that is improved with El Camino Park and other facilities; this lease will be referred to as the "El Camino Park Lease." Q. The City wishes to extend the term of the El Camino Park Lease, and Stanford has agreed to a nine-year extension of the El Camino Park Lease, conditioned upon approval of this Amendment. R. The City's Planning and Transportation Commission and City Council have given notice of intention to consider this Amendment and have conducted public hearings on the Amendment. SECTION 2. Findings. The City Council finds and determines that: A. Notice of intention to consider the development agreement has been given pursuant to Government Code section 65867. B. The City’s Planning and Transportation Commission and City Council have given notice of intention to consider this Agreement, have conducted public hearings thereon pursuant to Government Code section 65867 and City’s Resolution No. 6597, and the City Council has found that the provisions of this Agreement are consistent with City’s Comprehensive Plan, as amended. SECTION 3. The City Council hereby approves the Third Amendment to the Development Agreement between the City of Palo Alto and the Board of Trustees of the Leland Stanford Junior University, a copy of which is attached hereto as Exhibit "A", and authorizes the Mayor to execute the Agreement on behalf of the City. SECTION 4. The City Clerk is directed to cause a copy of the development agreement to be recorded with the County Recorder not later than ten (10) days after it becomes effective. SECTION 5. The County of Santa Clara certified an Environmental Impact Report in December 2000 for the Stanford University Community Plan and General Use Permit (GUP). The City's approval of the proposed amendment to the Sand Hill Road Development Agreement would not result in any new or substantially more severe impacts than were disclosed and evaluated in the GUP EIR because the City's approval would not change any of the terms and conditions of the Community Plan and GUP that govern development of the 10-acre site, which have been evaluated in the GUP EIR. SECTION 6. This ordinance shall be effective upon the thirty-first (31st) day after its adoption. INTRODUCED: Not Yet Approved 120325 jb 0130938 4 PASSED: AYES: NOES: ABSTENTIONS: NOT PARTICIPATING: ABSENT: ATTEST: APPROVED: __________________________ __________________________ City Clerk Mayor __________________________ APPROVED AS TO FORM: City Manager __________________________ __________________________ Senior Asst. City Attorney Director of Planning and Community Environment 120308 jb 0130941 This document is recorded for the benefit of the City of Palo Alto and is entitled to be recorded free of charge in accordance with Section 6103 of the Government Code. After Recordation, mail to: Office of the City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 THIRD AMENDMENT TO THE SAND HILL ROAD DEVELOPMENT AGREEMENT This Third Amendment to the Sand Hill Road Development Agreement is entered into as of this ______ day of ______, 2012, by and between the CITY OF PALO ALTO, a chartered city of the State of California (the "City"), and THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California ("Stanford"). RECITALS This THIRD AMENDMENT TO THE SAND HILL ROAD DEVELOPMENT AGREEMENT ("Amendment") is entered into on the basis of the following facts, understandings and intentions of the parties: A. The City and Stanford are parties to a certain Development Agreement dated August 14, 1997 (the "Sand Hill Road Development Agreement" or "Agreement"), concerning the Sand Hill Road Projects, which include, as described in Paragraph 1(k) of the Agreement, the Stanford West Apartment Project; the Stanford West Senior Housing Project; the Stanford Shopping Center Expansion Project; a collection of various roadway improvements, including widening and extension of Sand Hill Road, widening and improvement of Quarry Road, construction of a new Vineyard Lane, extension of Palo Road, extension of Stockfarm Road, and related roadway improvements; and the creation and annexation of a small parcel of property created by the relocation of Pasteur Drive at Sand Hill Road. B. Section 65868 of the California Government Code and section 8(b) of Palo Alto Resolution No. 6597 (Mar. 9, 1987) provide that a development agreement may be amended by mutual consent of the parties to the agreement. C. Pursuant to these provisions, paragraph 11 of the Agreement provides that the City and Stanford may amend the Agreement from time to time by mutual consent. 120308 jb 0130941 D. Paragraph 6(i) of the Agreement provides that until December 31, 2020, Stanford shall not develop the approximately 139-acre parcel known as Special Condition Area B ("Area B"), as defined by the 1989 General Use Permit issued by Santa Clara County (the "County") for the Stanford campus, except for academic and recreational fields (including the golf course) and associated support facilities; provided that the Agreement allows Stanford to propose and construct faculty, staff or student housing within a specified portion of Area B regardless of the December 2020 date. Exhibit H-3 to the Agreement contained a map that depicted Area B. E. In April 2001, the City and Stanford executed a First Amendment to the Agreement ("First Amendment"). The First Amendment revised Area B to exchange restrictions on portions of Area B such that (i) development would be precluded until December 31, 2020 on a 13-acre area that previously had been slated for the near-term development of housing under the original Agreement in 1997, and (ii) development of housing would be permitted on another, adjacent 13-acre area that had been restricted under the original Agreement until December 31, 2020. Exhibit B (dated Apr. 9, 2001) to the First Amendment amended Exhibit H-3 to the Agreement in order to show the revised boundaries of the housing development areas within Area B. F. Subsequently, in 2003, the City and Stanford executed a Second Amendment to the Agreement ("Second Amendment"). This Second Amendment was intended to implement the First Amendment, by defining more precisely the boundary between that portion of Area B where development was restricted until December 31, 2020, and that portion of Area B where the development of housing was permitted regardless of the December 31, 2020 date. To that end, the Second Amendment included a legal description and an accompanying plat map. G. The property that is the subject of this Amendment consists of approximately 10.25 acres of land. This 10.25-acre area will be referred to as the "Property." This Amendment removes the Property from Area B. Except for a small sliver of this land in the northwest corner of the Property, the Property is within that portion of Area B that is contemplated for development of housing under the Agreement (as amended by the First and Second Amendments). H. Area B is owned by Stanford and is located within the land use jurisdiction of the County. I. In December 2000, the County approved the Stanford Community Plan (the "Community Plan") and a new General Use Permit (the "2000 GUP") for the Stanford campus, which established an Academic Growth Boundary and permitted the development of 2,035,000 net new square feet of academic facilities and academic support uses on the campus within that boundary on lands within the "Academic Campus" land use designation. J. In approving the Community Plan and the 2000 GUP, the County in December 2000 certified, pursuant to the California Environmental Quality Act ("CEQA"), a Final Environmental Impact Report (the "2000 GUP EIR") that evaluated at a program-level the environmental impacts from the maximum level of development on the Stanford campus that would be allowed under the Community Plan and the 2000 GUP. 120308 jb 0130941 K. The 2000 GUP contains detailed procedures for evaluating individual, site- specific building projects that Stanford proposes to build on the campus to implement the Community Plan and the 2000 GUP. L. The entirety of the Property is located within the Academic Growth Boundary on lands designated for Academic Campus uses, and therefore may be developed for academic and support uses under the Community Plan, 2000 GUP, and 2000 GUP EIR approved by the County. M. Stanford wishes to submit an application to the County to develop the Property as a new energy center that is anticipated to increase energy efficiency while reducing several of the environmental impacts associated with supplying energy to the campus, including greenhouse gas emissions. N. The precise footprint, design, and operational characteristics of the new energy center have not yet been determined. At such time when Stanford submits an application to the County to develop the Property, the County will review the application based on the 2000 GUP EIR and will conduct any further environmental analysis that may be required under CEQA, in accordance with the site-specific project review procedures contained in the 2000 GUP. O. By removing the Property from Area B, the City is not approving or authorizing any development on the Property; such development will remain subject to County review and approval. P. The City leases land from Stanford along El Camino Real that is improved with El Camino Park and other facilities; this lease will be referred to as the "El Camino Park Lease." Q. The City wishes to extend the term of the El Camino Park Lease, and Stanford has agreed to a nine-year extension of the El Camino Park Lease, conditioned upon approval of this Amendment. R. The City's Planning Commission and City Council have given notice of intention to consider this Amendment and have conducted public hearings on the Amendment. S. The City has found that the terms and conditions of this Amendment are fair, just and reasonable, and provide benefits to the City. T. This Amendment is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region. The City has determined that the Amendment represents a reasonable balancing of the competing interests of the affected region. U. This Amendment will bind future City Councils to the terms and obligations specified in the Amendment. V. After review by City staff, its Planning Commission, and the City Council, the City has found that: 120308 jb 0130941 a. The provisions of this Amendment and its purposes are consistent with the goals, policies, programs and standards specified in the City's Comprehensive Plan; b. This Amendment will help attain important economic, social, environmental and planning goals of the City and enhances and protects the public health, safety and welfare of the residents of the City and the surrounding region; c. This Amendment will allow Stanford to apply to the County for development of a new campus energy center on the Property, which, if approved by the County, is anticipated to reduce the air pollutant and greenhouse gas emissions and water use associated with supplying the Stanford campus with energy. d. This Amendment will also provide for a nine-year extension of the term of the El Camino Park Lease, thereby providing valuable recreational and open space benefits to the residents of the City and the surrounding region. e. This Amendment will otherwise achieve the goals and purposes for which the Development Agreement Act was enacted. PROVISIONS NOW, THEREFORE, the parties do hereby agree as follows: 1. The Property is removed from Area B and is no longer subject to the provisions of Paragraph 6(i) of the Agreement, provided, however, that until December 31, 2020, Stanford may utilize the Property only for the preparation, construction, and operation of a new energy center and associated uses. 2. A revised legal description and an accompanying map depicting the entirety of Area B, as modified by this Amendment, are provided in Exhibit A to this Amendment. Revised legal descriptions and an accompanying map for those portions of Area B that are contemplated for the development of housing under the Agreement, as modified by this Amendment, are provided in Exhibits A-1, A-2 & A-3 to this Amendment 3. Exhibit B to this Amendment revises Exhibit H-3 to the Agreement – as previously amended by Exhibit B (dated Apr. 9, 2001) to the First Amendment – in order to show the location and boundaries of the Property; the location and the changes to the boundaries of Area B; and the location and the changes to the boundaries of those portions of Area B that are contemplated for the development of housing under the Agreement. 4. The provisions of Paragraph 6(i) will continue to apply to all other parts of Area B with the exception of the Property. 5. The parties shall execute the sixth amendment to the El Camino Park Lease to extend the lease term for a period of nine years, from June 30, 2033 to June 30, 2042. The sixth 120308 jb 0130941 amendment to the El Camino Park Lease is attached to this Amendment as Exhibit C. The sixth amendment to the El Camino Park Lease will become effective within 45 days after the final passage of the ordinance approving this Amendment if that ordinance is not submitted to a referendum. If that ordinance is submitted to a referendum, the sixth amendment to the El Camino Park Lease will become effective only if the referendum approves the ordinance. 6. All other provisions of the Agreement continue to apply and are not affected by this Amendment. 7. The following exhibits are attached to this Amendment and are incorporated herein: Exhibit A: Legal Description and Map of Revised Area B Exhibits A-1, A-2 & A-3: Legal Descriptions and Map of Area B Housing Parcels Exhibit B: Amended Exhibit H-3 to Sand Hill Road Development Agreement Exhibit C: Sixth Amendment to El Camino Park Lease (including Exhibits 1, 2 & 3) IN WITNESS WHEREOF, this Amendment has been executed by the parties as of the day and year first above written. ATTEST: City Clerk CITY OF PALO ALTO Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Manager APPROVED AS TO CONTENT: Director of Planning and Community Environment STANFORD The Board of Trustees of the Leland Stanford Junior University By: Its: 120308 jb 0130939 ACKNOWLEDGMENT State of California ) County of ____________________ ) On ____________________ before me, ____________________ (insert here name and title of the officer), personally appeared ____________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ____________________ Place Notary Seal Above 120308 jb 0130941 EXHIBITS A, A-I, A-2 & A-3 TO THIRD AMENDMENT TO 1997 SAND HILL ROAD DEVELOPMENT AGREEMENT ~Bkr ENGINW!51 SUJlVlYORS I PLANNtl!> EXHIBIT "A" Legal Description REVISED AREA B (For Development Agreement) January 25,2012 BKF No. 20126007 Page 1 of 3 Real property in the County of Santa Clara, State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, more particularly described as follows: BEGINNING at a point on the southeasterly line of Sand Hill Road, as said Road is described in that certain Easement for street and roadway purposes, from The Board of Trustees of the Leland Stanford Junior University to the City of Palo Alto, recorded June 7,2002, under Document No. 16304199, Official Records of Santa Clara County, said point being also the northwesterly terminus of that certain Academic Growth Boundary line, described as Area "B" Housing Site Boundary in the Second Amendment to Development Agreement between City of Palo Alto and The Board of Trustees of the Leland Stanford Junior University, recorded December 23, 2003, under Document No. 17544858, Official Records of said County; Thence leaving said point and along said southeasterly line of Sand Hill Road, South 41 °10'12" West, 206.35 feet to the most southerly comer of said Road as described in said Easement for street and roadway purposes (Doc. 16304199), said comer being also a point in the center line of San Francisquito Creek; Thence leaving said comer and along said center line of San Francisquito Creek, southeasterly, 1780 feet more or less to the general n0I1herly line of Junipero Serra Boulevard; Thence along said general northerly line of Junipero Serra Boulevard, easterly, 2681 feet more or less to the general westerly line of Campus Drive West; Thence along said general westerly line of Campus Drive West, nOltherly, 1769 feet more or less to the intersection with the northwesterly prolongation of the center line of Santa Teresa Street; Thence leaving said general westerly line of Campus Drive West, NOIth 77°03'50" West, 767 feet more or less to the general center of Fremont Road; Thence along said general center of Fremont Road, southwesterly, 413 feet more or less to said Academic Growth Boundary line; Thence along said Academic Growth Boundary line, the following three (3) courses: I) North 3 t °56'17" West, 277.02 feet; 2) North 40°47'55" West, 401.92 feet; 3) North 79°57'36" West, 310.20 feet; Legal Description REVISED AREA B Page 2 of3 Thence leaving said Academic Growth Boundary line, the following fourteen (14) courses: 1) North 15°57'00" East, 4 J 6.28 feel; 2) South 74°03'00" East, 158.21 feet; 3) North 01 °26'58" East, 654.16 feet; 4) North 76°5J '57" East, 29.76 feet; 5) North 82°30'J5" East, 37.03 feet; 6) North 89°01 '45" East, 57.00 feet; 7) South 87°40'43" East, 7] .54 feet; 8) South 83°25'05" East, 50.57 feet; 9) South 7]028' 16" East, 44.53 feet; J 0) South 77°J 6'32" Easl, 61.40 feet; 11) South 7]059'19" East, 46.42 feet; 12) South 79°]4'57" East, 77.68 feet; 13) South 87°52'44" East, 26.10 feet; 14) North 87°34'10" East, 25.93 feet to the general westerly Jine of Oak Road; Thence along said general westerly line of Oak Road, 1248 feet more or less; Thence leaving said general westerly line of Oak Road, NOlih 34°23' J 7" East, 527feet more or less to the southwesterly line of Pasteur Drive, as said line is described in said Easement for street and roadway purposes (Doc. No. 16304199); Thence along said southwesterly line of Pasteur Drive, the following four (4) courses: I) North 73°53'49" West, 302.39 feet to the beginning of a tangent curve to the right, having a Radius of 200.00 feet; 2) Northwesterly along said curve, through a central Angle of 28°26'12", for an arc Length of 99.26 feet; 3) North 45°27'37" West, 51.43 feet to the beginning of a tangent curve to the left, having a Radius of 40.00 feet; 4) Northwesterly along said curve, through a central Angle of 86°12'45", for an arc Length of 60.19 feet to said southeasterly line of Sand Hill Road; Thence along said southeasterly line of Sand Hill Road, the following three (3) courses: 1) South 48°19'38" West, 2720.87 feet to the beginning of a tangent curve to the left, having a Radius of 537.00 feet; 2) Southwesterly along said curve, through a central Angle of 07°09'26", for a arc Length of 67.08 feet; 3) South 41 °10' 12" West, 49.41 feet to the point of BEGINNING. As shown on map entitled "Revised Area E" attached hereto and made a part hereof. This description was prepared by me or under my direct supervision . BKF Engineers -J~ John Koroyan, P.L.S. License expires 12-31-2013 A' -7;f1J. tt;, t ()/"Z- Dated Legal Description REVISED AREA B Page 3 of3 Legend Academic Growth Boundary Revised Special Condition Area B. Development precluded - -until December 31,2020, except recreation and academic fields and associated support uses. Housing allowed as shown. Revised Area B Golf Course Bkf ENGINEEJlSJ SUIIVEYOR$l J>LAHN~RS EXHIDIT "A·1" Legal Descrl.ption AREA B HOUSING PARCEL 1 (For Development Agreement) January 25,2012 BKF No. 20126007 Page 1 of 2 Real propelty in the County of Santa Clara, State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, more particularly described as follows: Beginning at a point on the southeasterly line of Sand Hill Road, as said Road is described in that certain Easement for street and roadway purposes, from The Board of Trustees of the Leland Stanford Junior University to the City of Palo Alto, recorded June 7, 2002, under Document No. 16304199, Official Records of Santa Clara County, said point being also the northwesterly terminus of that certain Academic Growth Boundary line, described as Area "B" Housing Site Boundary in the Second Amendment to Development Agreement between City of Palo Alto and The Board of Trustees of the Leland Stanford Junior University, recorded December 23, 2003, under Document No. 17544858. Official Records of said County; Thence leaving said southeasterly line of Sand Hill Road and along said Academic Growth Boundary line, the following six (6) courseS: 1) South 09°03'59" East, 12.50 feet; 2) South 04°05'08" East, 28.07 feet; 3) South 00°53'30" West, 32.13 feet; 4) South 05°39'44" East, 54.84 feet; 5) North 86°01 ' 41" East, 98.98 feet; 6) North 89°30'34" East. 80.00 feet to the TRUE POINT OF BEGINNING of this description; Thence leaving said point and continuing along said Academic Growth Boundary line, the following two (2) courses: I) South 02°36'42" West, 262.32 feet; 2) South 79°57'36" East, 449.80 feet; Thence leaving said Academic Growth Boundary line, the following three (3) courses: I) North 15°57'00" East, 372.72 feet; 2) North 89°26'31" West, 532.36 feet; 3) South 02°36'42" West, 23.12 feet to the TRUE POINT OF BEGINNING of this description. As shown on map entitled "Area B Housing" attached hereto and made a part hereof. Legal Description AREA B HOUSING PARCEL I Page 2 of2 This description was prepared by me or under my direct supervision. BKF Engineers -frf- John Koroyan, P.L.. . No. 8883 License expires 12-31-2013 ~#J, ?5; ~ rz- Dated ~~Bk" J ..• ' . -. EHGINEtRSJ SURVEYORS I PLANNERS EXHIBIT "A-2" Legal Description AREA B HOUSING PARCEL 2 (For Development Agreement) January 25, 2012 BKF No. 20126007 Page 1 of 2 Real property in the County of Santa Clara, State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, more particularly described as follows: Beginning at a point on the southeasterly line of Sand Hill Road, as said Road is described in that certain Easement for street and roadway purposes, from The Board of Trustees of the Leland Stanford Junior University to the City of Palo Alto, recorded June 7,2002, under Document No. 16304199, Official Records of Santa Clara County, said point being also the northwesterly terminus of that certain Academic Growth Boundary line, described as Area "B" Housing Site Boundary in the Second Amendment to Development Agreement between City of Palo Alto and The Board of Trustees of the Leland Stanford Junior University, recorded December 23, 2003, under Document No. 17544858, Official Records of said County; Thence leaving said southeasterly line of Sand Hill Road and along said Academic Growth Boundary line, the following ten (10) courses: 1) South 09°03'59" East, 12.50 feet; 2) South 04°05'08" East, 28.07 feet; 3) South 00°53'30" West, 32.13 feet; 4) South 05°39'44" East, 54.84 feet; 5) North 86°01' 41" East, 98.98 feet; 6) North 89°30'34" East, 80.00 feet; 7) South 02°36'42" West, 262.32 feet; 8) South 79°57'36" East, 760.00 feet; 9) South 40°47'55" East, 401.92 feet; 10) South 31°56']7" East, 277.02 feet to a point in the general center of Fremont Road, said point being also the TRUE POINT OF BEGINNING of this descri,ption; Thence leaving said point and continuing along said Academic Growth Boundary line, the following four (4) courses: I) South 31 °56' J 7" East, 55.13 feet; 2) South 77°45' 58" East, 220.52 feet; 3) South 33°07'55" East, 694.32 feet; 4) South 09°] 9' 46" West, 122.63 feet; Thence leaving said Academic Growth Boundary line, the following six (6) courses: 1) South 04°48' 14" West, 29.85 feet; 2) South 17°56'09" West, 176.98 feet; 3) South 11 °23'48" West, 169.60 feet; 4) South 06°07'09" West, 149.98 feet; 5) South 06°10' 13" West, 93.04 feet; Legal Description AREA B HOUSING PARCEL 2 Page 2 of2 6) South 06°56' 54" West, 117 feet more or less to the general northerly line of Junipero SelTa Boulevard; Thence along said general nOitherly line of Junipero Serra Boulevard, easterly, 178 feet more or less to the general westerly line of Campus Drive West; Thence along said general westerly line of Campus Drive West, northerly, 1769 feet more or less to the intersection with the n0l1hwesterly prolongation of the center line of Santa Teresa Street; Thence leaving said general westerly line of Campus Drive West, North 77°03' 50" West, 767 feet more or less to the general center of Fremont Road; Thence along said general center of Fremont Road, Soutllwesterly, 413 feet more or less to the TRUE POINT OF BEGINNING of this description. As shown on map entitled "Area B Housing" attached hereto and made a prut hereof. This description was prepared by me or under my direct supervision. BKF Engineers -v~~~ John Koroyan, P.L.S. No. 8883 License expires 12-31-2013 Jd.~. 2~ 1..0/2- Dated ~BkF WGINE£1lSI SURVEYORS / PLANNERS EXHffiIT "A-3" Legal Description AREA B HOUSING PARCEL 3 (For Development Agreement) January 25, 2012 BKF No. 20126007 Page I of 2 Real property in the County of Santa Clara, State of California. described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, more particularly described as follows: Beginning at a point on the southeasterly line of Sand Hill Road, as said Road is described in that celtain Easement for street and roadway purposes, from The Board of Trustees of the Leland Stanford Junior University to the City of Palo Alto, recorded June 7, 2002, under Document No. 16304199, Official Records of Santa Clara County, said point being also the northwesterly terminus of that certain Academic Growth Boundary line, described as Area "B" Housing Site Boundary in the Second Amendment to Development Agreement between City of Palo Alto and The Board of Trustees of the Leland Stanford Junior University, recorded December 23, 2003, under Document No. 17544858, Official Records of said County; Thence leaving said southeasterly line of Sand Hill Road and along said Academic Growth Boundary line, the following ten (10) courses: I) South 09°03' 59" East, 12.50 feet; 2) South 04°05'08" East, 28.07 feet; 3) South 00°53' 30" West, 32.l3 feet; 4) South 05°39'44" East, 54.84 feet; 5) North 86°01'41" East, 98.98 feet; 6) North 89°30'34" East, 80.00 feet; 7) South 02°36'42" West, 262.32 feet; 8) South 79°57'36" East, 760.00 feet; 9) South 40°47'55" East, 401.92 feet; 10) South 3] °56'17" East, 332.15 feet; Thence leaving said Academic Growth Boundary line and along the general easterly line of Fremont Road, South 15°45'59" West, 212.04 feet to the TRUE POINT OF BEGINNING of this descIiption; Thence leaving said point and continuing along said general easterly line of Fremont Road, the following seven (7) courses: I) . South 40°45'55" West, J 81.65 feet; 2) South Irl7'45" West, 199.01 feet; 3) South 14°57'16" West, 179.39 feet; 4) South 14°12'32" West, 237.09 feet; 5) South 14°36'45" West, 214.05 feet; 6) South 14°32'43" West, 119.45 feet; Legal Description AREA B HOUSING PARCEL 3 Page 2 of2 7) South 14°35'20" West, 58 feet more or less to the general northerly line of Junipero Serra Boulevard; Thence along said general northerly line of Junipero Serra Boulevard, easterly, 711 feet more or less; Thence leaving said general nOitherly line of Junipero Serra Boulevard, the following eleven (11) courses: 1) North 04°01 '52" West, 160.67 feet; 2) North 01 °50'47" East, 201.73 feet; 3) North 24°32'54" West, 119.l4 feet; 4) NOith 04°54'33" West, 122.70 feet; 5) North 13°13'20" East, 89.63 feet; 6) North 06°28'36" West, 150.71 feet; 7) North 16°20'47" West, ]03.04 feet; 8) North 33°13'44" West, 77.56 feet; 9) North 17°53' 17" West, 66.31 feet; 10) North 44°34'03" West, l53.38 feet; 11) North 19°57'59" West, 94.41 feet to the TRUE POINT OF BEGINNING of this description. As shown on map entitled "Area B Housing" attached hereto and made a part hereof. This description was prepared by me or under my direct supervision. BKF Engineers -!~f:zo~ License expires 12-31-2013 .Jt9IJ, '2~ "'2P/Z- Dated Legend -- · Growth Boundary Academic Golf Course 500 I 120308 jb 0130941 EXHIBIT B TO THIRD AMENDMENT TO 1997 SAND HILL ROAD DEVELOPMENT AGREEMENT Revision to Sand Hill Road Development Agreement Special Condition Area B Amended Exhibit H-3 Legend Academic Growth Boundary Revised Special Condition Area B. Development precluded - -until December 31, 2020, except recreation and academic fields and associated support uses. Housing allowed as shown. Golf Course Revised Area B Boundary and Property to be Removed from Arear B 120308 jb 0130941 EXHIBIT C TO THIRD AMENDMENT TO 1997 SAND HILL ROAD DEVELOPMENT AGREEMENT 120308 jb 0130941 This document is recorded for the benefit of the City of Palo Alto and is entitled to be recorded free of charge in accordance with Section 6103 of the Government Code. After Recordation, mail to: Office of the City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 SIXTH AMENDMENT TO LEASE This Sixth Amendment to Lease (the “Amendment”) is made and entered into as of ____________, 2012 by and between the BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California (“Lessor”), and the CITY OF PALO ALTO, a California municipal corporation (“Lessee”) in the following factual context: A. Lessor and Lessee are the parties to that certain lease dated as of June 10. 1915, as amended by five previous amendments, dated June 29, 1971, February 26, 1973, March 31, 1981, July 31, 1981 and January 18, 2000 respectively (as amended, the “Lease”), pursuant to which Lessee leases from Lessor that certain real property more particularly described in the Lease (the “Premises”). Capitalized terms used in this Amendment without definition shall have the meanings set forth in the Lease. B. Lessor and Lessee now desire to, among other things, further amend the Lease to correct the legal description of the Premises, extend the term of the Lease, and modify the rent provisions with respect to a portion of the Premises. NOW THEREFORE, the parties hereby agree to amend the Lease as follows: 1. Modification of Legal Description of Premises. The parties acknowledge that the legal description of the Premises as set forth in the Lease is inaccurate in certain respects. Specifically, the Lease, as amended on January 18, 2000, depicts those portions of the Premises that constitute the "Park" and those portions of the Premises that constitute the "Depot." However, there is a conflict in the exhibits to the Lease in that a small strip of land is depicted as part of the "Park" on Exhibit H-2 to the Lease (as that exhibit was amended on January 18, 2000), but this small strip of land is not included as part of the "Park" in the legal description of the Premises (as that description was amended on January 18, 2000). The parties desire to correct this discrepancy in accordance with their prior intention to include this small strip of land as part of the "Park." To that end, the correct description of the Premises, which hereby amends all prior legal descriptions, plats and other maps, consists of the following: (a) the Premises, as more particularly described on the attached Exhibit 1; (b) that portion of the Premises more particularly 120308 jb 0130941 described on the attached Exhibit 2 (the “Park Parcel”); and (c) that portion of the Premises more particularly described on the attached Exhibit 3 (the "Depot Parcel"). 2. Extension of Lease Term. The term of the Lease as to the Park Parcel only is hereby extended to June 30, 2042. Such extension shall not apply to the Depot Parcel. The term of the Lease as to the Depot Parcel only shall expire on June 30. 2033, unless Lessee terminates the Lease as to the Depot Parcel as provided in Section 2 of the Fifth Amendment to Lease dated as of January 18, 2000. 3. Depot Rent. The agreements stated in this paragraph shall apply notwithstanding the terms and conditions of Section II of the Fourth Amendment to Lease dated as of July 31, 1981 (the “Fourth Amendment”). Lessor and Lessee hereby agree that the rent for the Depot Parcel to be paid on September 28, 2012 shall be in the amount of $160,000 (the “2012 Rent”). Lessor and Lessee further agree that, in the event Lessee elects not to exercise its option to terminate the Lease as to the Depot Parcel as of February 26, 2013, the rent for the Depot Parcel to be paid on September 28, 2013 shall be based on the 2012 Rent, as adjusted based on the increase, if any, between the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics (San Francisco, Oakland, San Jose Area, All Urban Consumers, All Items) (“CPI”) in effect as of September 2012 and the CPI in effect as of September 2013 (the “2013 Rent”). Lessor and Lessee further agree that, in the event Lessee elects not to exercise its option to terminate the Lease as to the Depot Parcel as of February 26, 2013, the rent adjustment next due pursuant to the Fourth Amendment for the lease year commencing on July 1, 2014 and ending June 30, 2015 shall be made in accordance with the Fourth Amendment, and the 2012 Rent and 2013 Rent shall not be the basis for such adjustment. Lessor and Lessee further agree that, in the event Lessee elects to exercise its option to terminate the Lease as of February 26, 2013, the 2013 Rent shall be pro-rated through February 26, 2013, but Lessee will not be obligated to pay any portion of the pro-rated 2013 Rent to Lessor, provided that the sublessee of the Depot Parcel pays the full amount of the 2013 Rent directly to Lessor. 4. Grant of Easement. Lessor and Lessee are the parties to that certain Grant of Reservoir Easements dated as of January 20, 2009 and recorded January 29, 2009 as Document No. 20114059 in the Official Records of Santa Clara County, California (the “Reservoir Easement”), pursuant to which Lessor granted to Lessee certain easements in connection with Lessee’s development of a reservoir underneath a portion of the Park Parcel. In addition to the easements granted pursuant to the Reservoir Easement, Lessee has identified the need for an additional access easement across the Depot Parcel (the “Access Easement”) that was not included in the Reservoir Easement. Lessee has indicated that it will require this Access Easement once the Lease expires as to the Depot Parcel, or if the Lease is terminated as to the Depot Parcel before that time. Lessor and Lessee hereby agree that they will execute the Access Easement, substantially in the form of the attached Exhibit 4, prior to the expiration or termination of the Lease as to the Depot Parcel, whichever occurs first. 5. Effect of Amendment. As modified by this Amendment, the Lease shall remain in full force and effect. 6. Counterparts. This Amendment may be executed in counterparts, each of which shall be an original, and all of which together shall constitute one original of the Lease. 120308 jb 0130941 IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease as of the date first above written. LESSOR: THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY By: Its: LESSEE: CITY OF PALO ALTO, a municipal corporation ____________________________ Mayor ATTEST: __________________________ City Clerk APPROVED AS TO FORM: __________________________ Senior Asst. City Attorney APPROVED: __________________________ City Manager 120308 jb 0130939 ACKNOWLEDGMENT State of California ) County of ____________________ ) On ____________________ before me, ____________________ (insert here name and title of the officer), personally appeared ____________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ____________________ Place Notary Seal Above ~B kf ENGINEERS! SURVEYORS ' PLAlmEJtS Park Parcell EXHffiITl Legal Description PARK & DEPOT PARCELS March 5,2012 BKF No. 20126006 Page I of 7 Real property in the City of Palo Alto, County of Santa Clara. State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, described as follows: Being also a portion of the lands described as EI Camino Park, in that cellain Resolution passed and adopted by the City Council of the City of Palo Alto on February 26, 1973 by Resolution No. 4709, recorded February 28. 1973 in Book 257 at Page 281, Official Records of Santa Clara County and the lands described in that certain Director's Deed (Quitclaim), from State of California to The Board of Trustees of the Leland Stanford Junior University, recorded March 29, 2004 as Document No. 17686571, Official Records of said County, more particularly described as follows: BEGINNING at the most westerly comer of the Palo Alto Station Grounds, as said Station Grounds is described in that certain Easement from Leland Stanford to Southern Pacific Railroad Company, dated November 23. 1892 and recorded October 28,1915 in Volume 435 of Deeds at Page 244, Records of Santa Clara County, said comer being also the most northerly comer of the lands described as Parcel No.2 in that certain Sublease between City of PaJo Alto, a municipal corporation of the State of California and Southern Pacific Railroad Company, a corporation, recorded October 30, 1939 in Book 951 at Page 580, Official Records of Santa Clara County; Thence leaving said comer and along the general southwesterly line of said Parcel' No.2 (951 O.R. 580), the following two (2) courses and distances: l) South 16°12'28" East, 143.13 feet; 2) South 50°40'30" East, 136.47 feet to the most northerly comer of that certain parcel of land described in that certain Assignment and Assumption of Sublease, between the City of Palo Alto and The Board of Trustees of the Leland Stanford Junior University, recorded February 28.2000 as Document No. 15163824, Official Records of Santa Clara County; Thence leaving said comer and along the northwesterly and southwesterly lines of said Sublease (Doc. 15163824), the following two (2) courses and distances: 1) South 39°19'30" West, 120.00 feet; 2) South 50Q40'30" East, 200.00 feet to the northwesterly line of that certain parcel of land described in that certain Assignment and Assumption of Sublease. between the City of Palo Alto and The Board of Trustees of the Leland Stanford Junior University, recorded February 28,2000 as Document No. 15163822, Official Records of said County; Thence along said northwesterly line and the southwesterly lines of said Sublease (Doc. 15163822) the following two (2) courses and distances: I) SOLlth 39'>19'30~' West. 15.00 feet; Legal Description EXHlB1T I -PARK & DEPCT PARCELS Page 2 of7 2) South 50°40'.10" East. 329.02 fecI 10 a point on the northwesterly line of University Avenue, said point being also the beginning of a non-tangent curve, concave to the southeaSL having a Radius of 68.00 feet, from the ccnter of said curve a radial line bears North 81 °58'07" V,lest; Thence along said northwesterly line of University Avenue, the following two (2) courses and distimces: I) Southwesterly, along said curve, through a central Angle of 05v 54'25", for all arc Length of 7.0 I feet to the heginning of a reverse curve, concave to the l1orthwe~t, having a Radius of 33.40 feet, from the center of said curve a radial line bears South SrS2'3T East; 2) SOllthwesterly, along said curve, through a central Angle of 78°21 '21 ", for an arc Length of 45.68 feet to the northeasterly line orE] Camino Real, being also SlaLe Highway 82; Thence along said llorthca~terly line of El Camino Real, the following eight (8) courses and distances: I) North 50°11 '43" \Vest, 566.13 feet: 2) North 41 "18'51" West, 80.45 feet to the beginning of a non-tangent curve, concave to the south\\'cst, having a Radius (If 1333 ,00 feet, from the center of said curve a radial line bears North 48° 17 '29" East; 3) Northwesterly, along said curve, through a central Angle ofOW'24'00", for an arc Length of 195.43 feet; 4) North 50"06' J I" West, 171.20 feel: 5) North 44°57'30" West, 898.73 feet; 6) North 40° 14' 44" West, 151.00 feet to the beginning of a tangent curve to the right, having a Radius of 102.00 feet; 7) Northwesterly, along said curve,through a central Angle of 16°19'30",for an arc Length of 29.06 feet to the beginning of a compound curve, concave to the ~outheasl, having a Radius of 12.00 feet, from the center of said curve a radial I ine bears South 66"04' 46" West; 8) NOl1heasterly, along said curve. through a central Angle of 90°08' 53". for an arc Length of 18.88 feet to a point on the southerly line of Palo Alto A venue, said southerly line is described in that certain exception parcel for said EI Camino Park per Resolution No. 4709 (2:17 O.R. 281), said point being al~o the beginning of a compound curve, concave to the southeast, having a Radius of 182.00 feet, from the center of said curve II radial line bears North 23 °46 '21" West, said point being also hereafter referred to as Point "A"; Thence along said southerly line of Palo Alto Avenue, the following three (3) courses and distances: 1) Easterly along said curve. through a central Angle of 16°34'46", for an arc Length of 52.66 feet; 2) North 82°48'25" East, 64.12 feet; 3) North 8S n41 '34" East, 154.45 feet to the southwesterly line of the Southern Pacific Railroad Company right of way: Legal Description EXHIBIT I -PARK & DEPOT PARCELS Page 3 of 7 Thence along said southwesterly line of Southern Pacific Railroad Company right of way, South 50°40'30" East, 514.64 fect to the most westerly comer of the land~ described as Parcel No. J in that ceJtain Sublease between City of Palo Alto. a municipal corporation of the State of California and Southern Pacific Rai Iroad Company. a corporation. recorded October 30. 1939 in Book 951 at Page 580. Official Records of said CoullIy; Thence leaving said comer and along the southwesterly line of said Parcel No.1 (951 O.R. 580). South 45°54' 41 " East, 602.08 feet to the northwesterly line of the lands described as Parcel I A in that certain Quitclaim Deed from Southern Pacific Transportation Company. 11 Delaware corporation 10 The Board of Trustees of the Leland Stanford Junior University. recorded August 7, 1981 ill Book G263 at Page 298, Official Records of said County; Thence along said n0l1hwesterly line of said Parcel I A (G263 O.R. 298). South 39°19' 30" West, 60.00 feel to the point of HEG1NNING, Containing an area of9.714 acres, more or less. Being also AssC-';sor' s Parcel Number 120-31-009 per Roll Year 2011-20 J 2. Park Parcel 2 Real properly in the City of PaJo Alto, COlll1ty of Santa Clara. State of CaJifomia, described as follows: Being a portion of the lands of The Board of Tmstees of the Leland Stanford Junior University, a hody having corporate powers under the law~ of the State of California. de~cribed as follows: Being also the lands described as Parcel No. I in that certain Sublease between City of Palo Alto. a municipal corporation of the State of California and Southern Pacific Railroad Company, a corporation, recorded October 30, 1939 in Book 951 at Page 580, Official Records of Santa Clara County. more particularly described as follows: BEGINNING at the most southerly corner of said Parcel No. I (951 O.R. 580); Thence leaving said corner and along the southeasterly line of said Lands, North 39° 19'30" East, 50.00 feet to a point on the southwesterly line of Southern Pacific Railroad Company right of way, said point being also the most easterly comer of said Parcel No. J; Thence leaving said corner and along said southwesterJy line of Southern Pacific Railroad Company right of way, North 50°40'30" West, 600.00 feet to the most westerly corner of said Parcel No. I; Thence leaving said corner and along the southwesterly line of ~aid Parcel No. I (95 I O.R. 580). South 45°54' 41" East. 602.08 feet to the point of BEGINNING. Containing an area of 0.344 acres. more or less. Being al~o Assessor's Parcel Number 120-31-008 rer Roll Year 20 I 1-2012. Park Parcel 3 Legal Description EXHIBIT I -PARK & DEPOT PARCELS Page 4 of 7 Real property in the City of Palo Alto, County of Santa Clara, State of California, described :t!' follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body huving corporate powers under the laws of the State of California, described as follows: Being also a portion of the lnnds described a~ EI Camino Park, in that ce11ain Resolution pa<;sed and adopted by the City Council of the City of Palo Alto on Febmary 26, 1973 by Resolution No. 4709, recorded Febmary 28, 1973 in Book 257 at Page 281, Official Records of Santa Clara County, more particularly described as follows: Beginning at the point hereinabove referred to as Point "A"; Thence leaving said point and along the northeasterly line of EI Camino Real, being also State Highwl1}' 82, North 30°09'09" West. 85.53 feel to the TRUE POINT OF BEGINNING of this description; Thence leaving said point and along said northeasterly line of EJ Cnmino Real. the following two (2) courses and distances: I) North 50°29' 4 I" We~t, 123.49 feet; 2) North 48°30'Or West, 69.11 feet to the center line of San Fr:mcisquito Creek; Thence along said center line of San Francisquito Creek, the following two (2) courses and distances: 1) South 84"S5'30" East, 164.52 feet; 2) North 63°32'30" East, 77.21 fect to the southwc8terly line of Southern Pacific Railroad Company right of way; Thence along said southwesterly line of Southern Pacific Railroad Company right of way, the following two (2) courses and distances: I) Soulh 50°33' 41" East, 7.93 feet; 2) South 50°40' 30" East, 196.25 feet to lhe northerly line of Palo Alto A venue, said northerly line is described in that certain exception parcel for said EI Camino Park per Resolution No. 4709 (257 OK 281); Thence along ~aid northerly line of Palo Alto Avenue, the following 1""'0 (2) courses and distances: 1) South 85°41' 34" v.,lesl. 192.22 feet to the beginning of a tangent curve to the right, having J Radius of 382.00 feet; 2) Westerly, along said curve. through a central Angle of 07°50'22", for an arc Length of 51.27 feel (0 (he TRlJE POlNT OF BEGINNING of this dc:o;cription. Containing an area of 0.69 I acres, more or les~. Being also Assessor's Parcel Number 120-31-001 per Roll Year 2011-2012. Depot Parcel A Legal Description EXHlBlT J -PARK & DEPOT PARCELS Page 5 of7 Real prOpeJ1y in the City of Palo Alto, COllnty of Santa Clara. State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of tile State of CaJifomia. described as follows: Being also the lunds described as Parcel 1 A in that certain Quitclaim Deed from Southern Pacific Transportation Company, a Delaware corporation to The Board of Trustees of the Leland Stanford Junior Unjver~ity, recorded Augu~t 7, 1981 in Book G263 al Page 298, Official Records of Santa Clara County and the lands described as Parcel No.2 in that certain Sublease between City of Palo Alto, a municipal corporation of the Stale of California and Sou(hern Pacific Railroad Company, a corporation, recorded October 30, 1939 in Book 95) at Page 580, Official Records of said County, more particularly described as follows: Beginning at a point of intersection between the center line of University Avenue and the southwesterly line of the Palo Alto StatiOl) Grounds. as said Station Grounds is described in that certain Easement frorn Leland Stanford to Southem Pacific Railroad Company. dated November D. 1892 and recorded October 28, 1915 in Volume 435 of Deeds at Page 244, Records of Santa Clara County; Thence leaving said point and along: said southwesterly line of said Palo Alto Station Grounds, North 50"40'30" West. 112.08 feet to a point on the northwesterly line of said University AVellue, ~aid point being also the beginning of a non-tangent curve, concave to the southeast, having a Radius of 300.00 feet, from the center of said curve a radial line bears North 28°45'32" West, said point being also the TRUE POINT OF BEGINNING of this description; Thence leaving said point and along the general nOr1hwesterly line of said University Avenue, the following two (2) courses and dislances: 3) Northeasterly, along said curve, through a cenlral Angle of 1]°55'52", for an arc Length of 62.47 feci to the beginning of a non-tangent curve, concave to the sOllthwest, having a Radius of 189.00 feel, from the center of said curve a radial line bears North 13°18'04" East; 4) Southeasterly. along said curve, through a central Angle of 10°55'44", for all arc Length of 36.05 feet to a point. said point being at the illlersection of a line drawn 50.00 feet northwesterl)', right angle measurement, from said center line of University Avenue; Thence leaving said point and parallel with said cenler line of University Avenue, North 39°59' 30" East, 2.24 feet to the most easterly comer of said Parcell A (G263 O. R. 298); Thence leaving said corner and along the nOl1heasterly line of said Parcell A, North 50°40'30" West, 847.79 feet to the most northerly comer of said Parcel I A (G263 O.R. 298); Thence leaving said corner ant! along the northwesterly line of said Parcell A. South 39°19'30" West, 70.00 feet to the most northerly corner of said Parcel No.2 (951 O.R. 580), said corner being also the most westerly corner of said Palo Alto Station Grounds (435 Deeds 244); Legal Description EXHlBlT 1 -PARK & DEPOT PARCELS Page 6 of7 Thencc leaving said corner and along the gelleral southwesterly linc of said Parcel NO.2 (951 0.1<.580), the following fi\c (5) courses and distances: I) SOUTh 16°12'28" East, 143.13 feet; 2) South 50"40' 30" East. 420.98 feet to the beginning of a tangent curve to the left, having a Radius of 13.64 feet; 3) Northeasterly. along sCiid curve, through a central Angle of 90°00'00", for an arc Length of 21.43 feet to the beginning of l:I reverse curve, concave to the southeast, having a Radius of 13.64 feel, from the center of said curve a radial line bears North 50°40'30" West; 4) Southeasterly. along said curve, through a central Angle of 90"00'00", for an arc Length of 21.43 feer; 5) South 50°40' 30" Ea"t, 202.67 feet to a point on said northwesterly line of said University Avenue, said point beillg also the beginning of a non-tangent curve, concave to the southeast, having a Radius of 300.00 feet, frol11 the center of said curve a radial line bears North 39°28'48" West; Thence northeasterly and along said northwesterly line of said University A venue, along said curve, through a central Angle of 10°43' 16", for an arc Length of 50.14 feet to the TRUE POINT OF BEGII\'NING of this description. Containing an area of 2.488 acres, more or less. Being also Assessor's Parcel Number 120-31-021 per Roll Year 2011-2012. Depot Parcel B Real property in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Being a portion of the lands of The Board of Tmsrees of the Leland Stanford Junior University, a body having corporate power~ under the laws of the State of Cajifol11ia, described as follows: Being also the lands described as Parcel I B in that certain Quitclaim Deed from Sourhel11 Pacific Transportation Company. a Delaware corporation to The Board of Trustees of the Leland Stanford Junior University, recorded August 7, 1981 ill Book G263 at Page 298, Official Records of Santa Clara County, more particularly described as follows: Beginning at a point of intersection between the center line of University Avenue and the :;outhwesterly line of the Palo Alto Station Grounds, as said Station Grounds is desclibed in that certain Easement from Leland Stanford to Southern Pacific Railroad Company, dated November 23, 1892 and recorded October 28, 1915 in Volume 435 of Deeds at Page 244, Records of Santa Clara County; Thence leaving said point and along said southwesterly line of said Palo Alto Station Grounds, South 50°40' 3~'' East, 113.68 feet to a point on the southeasterly line of said UniverSity Avenue. said point being also the TRUE POINT OF BEGINNING of this description; Legal Description EXHIBIT I -PARK & DEPOT PARCELS Page 7 of7 Thl!nce leaving said point and along the soulhwe~{erly line of said Parcel 1 B (G263 O.R. 298). said line being also the nOJtheasterly line of Parcel 2 of Lot 38, as shown on that certain map entitled "Survey of Lots 37 and 38. Stanford University Lands. Palo Alto. California", dated August 1955, Sheet 2 of 2, prepared by Lawrence G. Blian, Civil Engineer. South 50°40'30" East, 16J .50 feet to the most southerly corner of said Parcel I B: Thence leaving said northeasterly line of Parcel 2 of Lot 38, NOlth 39° 19'30" East, 76.00 feet to the most easterly corner of said Parcel I B; Thence leaving said comer and along the general northeasterly line of said Parcel I B (G263 o.R. 298), the following three (3) courses and distances: I) North 50°40'30" West, 94.50 feet; 2) South 39°19'30" West, 26.00 feet; 3) North 50°40'30" West, 95.74 feet to a poim on said southeasterly line of said University Avenue, said point being also the beginning of a non-tangent curve, concave to the northwest, having a Radius of 380.00 feet, from the center of &aid curve a radial line bears South 84°55' 18" East; Thence southwesterly, along said curve, through a central Angle of 08°42'16", for an arc Length of 57.73 feet to the TRUE POINT OF BEGINNING of this description. Containing an area of 0.257 acres, more or less. Being also Assessor's Parcel Number 120-32-012 per Roll Year 2011-2012. Park Parcels 1,2 & 3; and Depot Parcels A & B, as shown on plat entitled "EXHmIT 1" attached hereto and made a part hereof. This description was prepared by me or under my direct supervision. BKF Engineers ~~A John Koroyan, P.L.S. License expires 12-31-2013 Dated LEGEND 0 100 200 400 POINT OF BEGINNING I I---I I----~I P.D.B. T.P.D.B. TRUE: POINT OF BEGINNING I ~ ALMA STREET (SCALE IN FEET) . ~ ~ .----........: Ui ~ ~ UNIVERSITY A 'IE. UNDERPASS PENINSULA CORRIDOR JOINT POWERS BOARD (FORMERL Y SOUTHERN PACIFIC RAlLROAD COMPANY) \i~./ T.P.O.B. FOR-) 'Jf> /' DEPOT PARC£L B DEPOT PARCEL A P.D.B. I I ?'O':' i.~") 0.257 ACR£S:/; N50'40'30"W 847.79' ~ I r. /' L27 APN 120-.12-012 NJ. ~\~ I I ' l29 len I~ DEPOT PARCEl. A -~?!!1!!"w if ..L' ..L '1X ~ I~ APN 120-.12-023 2..48B ACRES:f: \R) ".... -l ..,g~~~_",-______ _ APN 120-31-021 '!> L23 . ~O/'-L24 ~L25 , • , (J' \'%.).. S50'40 30 E 420.98 :*~ ~ ~ .-. kI T.P.O.B. FOR L2 (,\ \~ \~I (;;::i DEPOT PARCEL B 4J RED CROSS MacARTHUR PARK LEASE: ~~ \($). Q:: ~ I.Li PARK PARCEL 1 ~ LEASE DOC. 15163822 ~,$-LLi LiJ PARCEl. 2 OF LOT .18 (fj 9.714 ACRES± DOC. 1516.3824 III APN 120-31-010 ~ I ~ ~:s APN 120-J2-006 APN 120-31-009 -J ?J jY.;Q <: ~ L4 S50·40'30·£ J2g.02'/1~ \Z-·I ~;:j ~ LINE TABLE CJ .~( L6 ,-' N5011'43 W 566.13' I UNE BEARING LENGTH ~/1!? £L CAMINO R,'~ L1 51612'28"£ 143.1J' 1"-/ 'C (STATE HIGHWAY af)AL .r~/ L2 S50'40'.10"[ 1J6.47' --,-..... -~,_ Jrf.' ~ LJ 539"9'30"W 120.00' ., $' ~ L4 550'40'30"[ 200.00' "'-~ "/ L5 5J9"19'30"W 15.00' o L6 N4t1B'5'''W 80.45' It: CURVE: TABL£ LlI 5J9"19'30·W 60.00' )... L20 N50'4Q'30"W 112.08' ~ CURVE RADIUS DEl. TA LENGTH ~ C1 68.00' 05'54'25" 7.01' L21 NJ9'59'JO"£ 2.24' ~ C2 33.40' 78'27'21" 45.68' L22 5J9.,9'30-W 70.00' ;:j x.~ .1!!!E. SII L2J 550'40'30"£ 202.67' O .".<" '.?'" CJ 1J33.00' 08'24'00" 195.43' c,"<,~ <".... L24 550'40'30"[ 11J.68' ::; JOHN ~ C10 300.00' 11'55'52" 62,47' L25 S50'4(J'JO"E 161.50' Cl1 189.00' 10'55'44" J6.05' ~ KOROYAN L.. C12 13.64' 90'00'00· 21.43' L26 N3919'30"[ 76.00' J" CT3 ' 13.64' 90'00'00" 21.43' L27 N50'4Q'30"W 94.50' C14 JOO.OO' 10'43'16" 56.14' L2B 5J919'.10·W 26.00' C15 J80.00' 08'42"6" 57.73' L29 N50'4Q'30"W 95.74' I PALO ALTO. SANTA CLARA COUNTY, CAUf'ORNIA K: \SUR12\126006\DWG\PLA1S\PARK de DEPOT PARCELS PLAT.dwg Bkf _II rw".- 1650 TECHNOLOGY ORNE SUITE 650 SAN JOSE, CA 95110 408-467 -9100 406-467-9199 (FAX) L.1O NJ919'JO"[ 50.00' EXHIBIT "1" PLA T TO ACCOMPANY LEGAL DESCRJPllON ~ Subject PARK AND DEPQT PARCELS LANDS OF LELAND ST ANF'ORD JUN I OR UN I V , Job No. 20126006 By JG Date 03-05-12 Chkd. JVK SHEET 1 OF 3 0 100 200 400 ::,: 'C( (SCALE IN FEET) ~ :> ~ .q: 'C( ~ I:: :c=: ~ ~ ~ ..q;: ~ J: lLJ -.I ALMA STREET P£NINSULA CORRIDOR JOINT POWERS BOARD (FORMERL Y SOUTHERN PACIFIC PARK PARCEL 2 RAILROAD COMPANY) 0,3# ACR£S± --. .-N50'40'30"W 500.00' APN 120-31-008 ... -=~~zae:==~~~~;;;;~~~::~~~~~~::~~N~50~~~0~~~0~"~W~B~4~7~.7~9~'~~ __ ===-~ "'> 545"54'41 E 602.08 ..... DEPOT PARCEL A _N.J9 "28'4IrW ~ P.O.B. FOR 2.488 ACRES± (RJ -'"'\ IJ..j PARK PARCEL 2 APN 120-31-021 ~ v,":>'R=o....,.,;;;;; ............. iJII VI P.O.B. FOR 550"40'30"E 420.9B' PARK PARC£L 1 """==z!OO:=L2~~';;;";;=-"";';;;iBiiii=r-""'~v'''V W PARK PARCEL 1 RED CROSS MacARTHUR PARK LEASE (fj 9.714 ACRES:!: :J LEASE DOC. 15163B22 APN 120-31-009 DOC. 15163824 10 APN 120-JI-01O L7 STANFORD SHOPPING CENTER CURVE TABLE CURVE RADIUS DELTA LENGTH C3 13.3.3.00' OB'2·f.'OO" 195.43' C10 JOO.OO' 11'55'52" 62.47' C72 1J.64· 90'00'00· 21.43' CI3 13.64' 90iJO'OO" 21.4.3' C14 JOO.OO' 10'43'16" 55.14' LEGEND P.O.B. POINT OF BEGINNING -..l L4 550'40'30·£ 329.02' N50il'4J"W 566.1.3' £L CAMINO R£ (STAl[' HIGHWAY B2)AL rp---___ UN£ TABLE UNE BEARING LENGTH L1 516'12'28"£ 143.1.3' L2 S50'4Q'30M£ 136.47' L3 53919'JO"W 120.00' L4 550'40'30·£ 200.00' L5 539i9'30·W 15.00' L6 N41iB'Sl"W 80AS' L7 N50'06'J1·W 177.20' L11 S39i9'30·W 60.00' l2J . 550'40'30"£ 202.67' LJO N39i9'30"E 50.00' .~/ til ~/ ~~ ~~ ~/ .... ..... ttl Vi ~ ~ PALO ALTO, 5ANTA CLARA COUNTY. CAUFORNIA EXHIBI T "1" K: \SUR12\126006\DWG\PLATS\PARK de DEPOT PARCELS PLAT.dwg 1650 TECHNOLOGY DRIVE SUITE 650 SAN JOSE, CA 95110 408-467 -9100 408-467-9199 (FAX) PLA T TO ACCOMPANY LEGAL DESCRIPTION Subject PARK AND DEPOT PARCELS LANDS orLEIANDSTANFORD JUNIOR UNIV, Job No. 20126006 By JG Date 03-05-12 Chkd, JVK SHEET 2 OF 3 ---IE CURVE: TABLE ~ \ z CURVE RADIUS DEL TA LENGTH ~ ~ \08 ...... C6 102.00' 1619'30· 29.06' 0 fl:: I-.-\..)«-1<_ 12.00' 90V8'S.3" 18.8B' 0 Q. \ '<t fl:: .... C7 CB C9 182.00' 16'34'46" 52.66' \::! 3 \3 dO .382.00' 07'50'22· 52.27' ~ ~ ~ « ~ Z I 'Z<' § "" 0l}j e <3 ~/ "'-, <. R/'~ Q.. ~/t I ~ __________________ ~ irr PARK PARCEL J 0.691 ACRES± ALMA STREET APN 120-.31-001 PENINSULA CORRIDOR JOINT POYtf:RS BOARD I rFORMERL Y SOUTHERN PAClnc RAILROAD COMPANY) I L17 PARK PARCEl. 1 9.714 ACRES± APN 120-.31-009 --.. - ~ I-~ Vj T.P.O.B. FOR N44'S730 W 436.48' VI ~;;'~L8~~~ __ ~~~~~~~~ __________ ~~ PARK PARCeL 3 £L CAMINO -------f--------____ -r-----________ ~(~:A:T:£~H~IGH~W~A~yR~8~~~A=L~ __________ ___ Qj ~ STANFORD SHOPPING CENTER LEGEND 'C ;J :t: ~ ~ T,P.O.B. TRUE POINT OF BEGINNING (SCALE IN FEET) PALO ALTO. SANTA CLARA COUNTY, CAUFORNIA K:\5UR12\126006\DWG\PLATS\PARK & DEPOT PARCELS PLAT.dwg 1650 TECHNOLOGY DRIVE SUITE 650 SAN JOSE, CA 951 10 408-467-9100 408-467-9199 (FAX) 400 UNE La L9 L10 L12 L1.3 L14 U5 U6 U7 UB L19 LINE TABLE BEARING LENGTH N4-014'44"W 151.00' NB2 '48'25 "E 64.12' N85'41'J4"E 154.45' N.301J9'09·W 85.53' N50"29'41·W 12J.49' N48'JO'02·W 69.11' SB4'5S'.30u£ 164.52' N6J',32'30"£ 77.21' 550'3,3'41 N£ 7.9J' 550'40'.30·£ 196.25' S8S'41'J4uW 192.22' EXHIBIT "1 II PLAT TO ACCOMPANY LEGAL DESCRIPTION subb'ect PARK AND DEPOT PARCELS LAN S OF LELAND STANFORD JUNIOR UNIV, Job No. 20126006 By JG Dote 03-05-12 Chkd, JVK SHEET :3 OF 3 ~B F ENGIIIEUS; SURVEYORS ! PLAHNfftS Park Parcell EXHIBIT 2 Legal Description PARK PARCELS March 5, 2012 BKF No. 20126006 Page 1 of 5 Real property in the City of Palo Alto, County of Sania Clara, State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University. a body having corporate powers under the laws of the State of California. described as follows: Being also a portion of the lands described as El Camino Park. in that certain Resolution passed and adopted by the City Council of the City of Palo Alto on February 26. 1973 by Resolution No. 4709. recorded February 28, 1973 in Book 257 at Page 281. Official Records of Santa Clara County and the lands described in that certain Director's Deed (Quitclaim), from State of Califomia to The Board of Trustees of the Leland Stanford Junior University. recorded March 29. 2004 as Document No. 17686571, Official Records of said County, more particularly described as follows: BEGINNING at the most westerly corner of the Palo Alto Station Grounds, as said Station Grounds is described in that certain Easement from Leland Stanford to Southern Pacific Railroad Company. dated November 23,1892 and recorded October 28,1915 in Volume 435 of Deeds at Page 244, Records of Santa Clara County, said comer being also the most northerly comer of the lands desclibed as Parcel No.2 in that certain Sublease between City of Palo Alto, a municipal corporation of the State of California and Southern Pacific Railroad Company, a corporation, recorded October 30, 1939 in Book 951 at Page 580, Official Records of Santa Clara County; Thence leaving said comer and along the general southwesterly line of said Parcel No. 2 (951 O.R. 580), the following two (2) courses and distances: 1) South 16°12'28" East, 143.13 feet; 2) South 50°40'30" East, 136.47 feet to the most northerly comer of that certain parcel of land descLibed in that certain Assignment and Assumption of Sublease. between the City of Palo Alto and The Board of Trustees of the Leland Stanford Junior University, recorded February 28.2000 as Document No. J 5163824, Official Records of Santa Clara County; Thence leaving said comer and along the northwesterly and southwesterly lines of said Sublease (Doc. 15163824), the following two (2) courses and distances: 1) South 39°19'30" West, 120.00 feet; 2) South 50°40'30" East, 200.00 feet to the northwesterly line of that certain parcel of land described in that certain Assignment and Assumption of Sublease, between the City of Palo Alto and The Board of Trustees of the Leland Stanford Junior University, recorded February 28, 2000 as Document No. 15163822, Official Records of said County; Thence along said northwesterly line and the southwesterly lines of said Sublease (Doc. 15163822) the following two (2) courses and distances: I) South 39° 19' 30" West. 15.00 feet: Legal Description EXHIBIT 2 -PARK PARCELS Page 2 of 5 2) South 50°40'30" East. 329.02 feet to a point on the nOl1llwesterly linc of University Avenue, said point heing also the beginning of a non-tangent CllJ'YC, concave to the southeast. having a Radius of 68.00 feet, from the center of said curve a radial line bears North 8J °58'07" \Vest; Thence along said northwesterly line of University Avenue, the following two (2) COurses and dblance~: J) Southwesterly, along said ClIrve, through a centra) Angle of 05"54 '25", for an arc Length of 7.01 feet to the beginning of a reverse curve, concave to the northwest, having a Radius of :'3.40 feet, from the center of said curve a radial line bears South 87°52'32" East; 2) Southwesterly, along said curve, through () central Angle of 78°21 '21 ", for an arc Length of 45 .68 feet to the northeasterly line of EI Camino Real, being also State Highway 82; Thence along said northeasterly line of PI Camino Real, the following eight (8) courses and distances: 1) North 50"11 '43" West, 56613 feet; 1) North 41°18'5J" West, 80,45 fcet to the beginning of a non-tangent curvc, concave to the southwest. having a Radius of 13.13 .00 feet, from the center of said curve a radial line bears North 48° 17'29" East: 3) Northwesterly, along said curve. through il central Angle of 08°24'00", for an arc Length of 195.43 feet; 4) North 50°06'31" West, 171.20 feet; 5) North 44°57'30" West, 898.73 feet; 6) North 40°14'44" Wcst, 151.00 feet to Ihe beginning of a tangent curve 10 the right , having a Radius of 102.00 feet; 7) Northwt:sterly, along said curve, through a central Angle of 16° 19' 30", for an arc Length of 29.06 feet to the beginning of a compound curve, concave to the southea~t, having a Radius of 12.00 feet, from the center of said curve a radial line bears South 66"04'46" West; 8) Northeasterly, along said curve, through a central Angle of 90u08'53", for an arc Length of 18.88 feet to (J point on the southerly line of Palo Alto Avenue, said southerly line is described in that certain exception parcel for said EI Camino Park per Resolution No, 4709 (257 O.R. 28]), said point being ~lIso the beginning of a compound curve, concave to the southeast. having a Radius of 182.00 feet, from the center of said curve a radial line bears North 23"46' 21 " West, said poi nt bei ng also hereafter refen-cd to as Point "A"; Thence along said southerly line of Palo Alto Avenue, the following three (3) courses and distances: 1) Easterly along said curve, through a centra! Angle of 16°34'46", for an arc Length of 52.66 feet ; 2) North 82°48'25" East, 64.12 feet; 3) North ~5°41 ' 34" East, 154.45 feet to the southwesterly line of the Southern PacifIC Railroad Company right of way; Legnl Description EXHIBIT 2 -PARK PARCELS Page 3 of 5 Thence along said southwesterly line of Southern Pacific Railroau Company right of way. SOUlh 50"40'30" East, 514.64 feet (0 the most westerly corner of the lands described as Parcel No.1 in that certain Sublease between City of Palo Alto, a municipal corporation of the State of Califomia and Southern Pacific Railroad Company, a corporation. recorded October 30, 1939 in Book 951 at Page 580, Orfil:ial Records of said Coullty; Thence leaving said corner and along the southwesterly line of said Parcel No.1 (95 I O.R 580), South 45°54'41" East, 602.08 feet to the northwesterly line of the lands de~crjbed as Parcel IA in that certain Quitclaim Deed from Southern Pacific Transportation Company, a Delaware corporation to The Board of Trustees of the Leland Stanford Junior University, recorded August 7, 1981 in Book G263 at Page 298, Official Records of said County; Thence along said nOJ1hwestcrly line of said Parcel 1 A (G263 O.R. 298), South 39° 19' 30" West, 60.00 feet to the pOInt of BEGINNING. Containing an area of 9.714 acres, more or le~s. Beillg also Assessor's Parcel Number 120-31-009 per Roll Year 2011-2012. Park Parcel 2 Real property in the City of Pillo Alto, County of Santa Clara, State of California, described as follows: Being a portion of the lands of The Board of Trustee$ of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, described as follows: Being also the lands described as Parcel No.1 in that certain Sublease between City of Palo Alto, a municipal corporation of the State of California and Southern Pacific Railroad Company, a corporation, recorded October 30, 1939 in Book 951 at Page 580, Official Records of Santa Clara County, more particularly described as follows: BEGINNING at the most southerly comer of said Parcel No.1 (951 O.R. 580); Thence leaving said comer and along the southeasterly line of said Lands, North 39°19'30" East, 50.00 feet to a point on the~outhwesterly line of Southern Pacific Railroad Company right of way, said point being also the most easterly corner of said Parcel No. I; Thence leaving said comer and along said southwesterly line of Southern Pacific Railroad Company right of way, North 50°40'30" West, 600,00 fet:! to the most westerly comer of said Parcel No.1; Thence leaving said corner and along the southwesterly line of said Parcel No.1 (951 O.R. 580), South 45°54'41" East, 602.08 feet to the point of BEGINNING. Containing an area of 0.344 acres, more or less. Being also Assessor's Parcel Number 120-31-008 per Roll Year 2011-2012. Park Parcel :I Legal Description EXHlBIT 2 -PARK PARCELS Puge <.\ of 5 Real property in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate power~ under (he laws of the State of California, described as follows: Being all'o a portion of the lands described as El Camino Park, in thai cel1ain Resolution passed and adopted by the City Council o[ the City of Palo A Ito on FeblUary 26, 1973 by Resolution No. 4709, recorded February 28. 1973 in Book 257 at Page 281, Official Records of Santa Clara County. more particularly described as follows: Beginning at the point hereinabove referred to as Point "A"; Tnence leaving said point and along the northeasterly line of EI Camino Real, being also State Highway 82, North 30"09'09" Wesl , 85.53 feet to the TRUE POINT OF BEGINNING of this description; Thence leaving said point and along said northeasterly line of EI Camino Real, the following I wo (2) courses and distances: 1) North 50c 29' 41" VI.'esl, 123.49 feet; 2) North 48"30'02" West, 69.11 fect to the center line of San Francisquito Creek; Thence along said center line of San Francisquito Creek, the following two (2) courses and distances: 1) South 84c 55'30" East, 164.52 feet; 2) North 63"32'30" East, 77.21 feet to the southwe~terly line of Southem Pacific Railroad Company right of way; Thence along said southwesterly line of Southem Pacific Railroad Company right of way, the following two (2) courses and distances: I) SOllth 50°33'41" East, 7.93 feet; 2) South 50"40' 30" East, 196.25 feet to the northerly line of Palo Alto Avenue, said northerly line is described in that cel1ain exception parcel for said EI Camino Park per Resolution No. 4709 (257 O.R. 281); Thence along said northerly line of Palo Alto A venue, the following two (2) courses and distances: I) South 85n 41 '34" West, 192.22 feet to the beginning of a tangent curve 10 the right, having a Radius of 382.00 feet; 2) Weslerly, along said curve, through a central Angle of 07°50'22", for an arc Length of 52.27 fect to the TRUE POINT OF BEGINNING 01 this description. Containing an area of 0.691 acres, more or less. Being also Assessor's Parcel Number 120-31-001 per Roll Year 2011-2012. Legal Descliption EXHIBIT 2 -PARK PARCELS Page 5 of 5 Park Parcels 1, 2 and 3, as shown on plat entitled "EXHIBIT 2" attached hereto and made a part hereof. This description was prepared by me or under my direct supervision. BKF Engineers J~) John Karoyan, P.L.S. License expires 12-31-2013 Dated LEGEND T.P.O.B. 'TRUE POINT OF" BEGINNING :> ----------,~r__-------____, l: l&J ~ l&J N50'4O'JO"W 600.00' C"I 545'54'-4"-£ 602.08' I-P.O.B. FOR 4J PARK PARCEL 2 ~ (jj ALMA STREET PENINSULA CORRIDOR JOINT POWERS BOARD PARK PARCEL 2 (F"ORMERL Y SOUTHERN PACIFlC 0.344 ACRES:I: RAILROAD COMPANY) APN 120-31-008 L2 DEPOT PARCEL APN 120-31-021 ttl (j) PARK PARCEL 1 9.714 ACRES± APN 120-31-009 RED CROSS LEASE DOC. 15163824 MacARTHUR PARK LEASE DOC. 15163822 APN 120-31-010 898.7']' L7 L6 ~J-____ L4 N50'l1 43·W 566.13' EL CAMINO R£ (STAT£ HIGHWAY 82) AL UNE TABLE CURVE TABLE UNE BfA RING L1 516'2'28"£ L2 550'40'30"£ LJ S39i9'30"W L4-550'40'30·£ L5 S39i9'30"W L6 N41'lB'S1·W L7 N50"05'Jl"W Ll1 SJ9'19'lO"W L20 NJ919'30"E PALO ALTO, SANTA CLARA COUNTY, CAUFORNIA K:\SUR12\126006\DWG\PLATS\BALLPARK PLAT.dwg _f"'iL'_"~ , 650 TECHNOLOGY DRIVE SUITE 650 SAN JOSE, CA 95110 408-467-9100 408-467-9199 (FAX) LENGTH lof.J.13' 136.47' 120.00' 200.00' 15.00' BO,4S' 171.20' 60.00' 50.00' CURVE RADIUS DELTA LENGTH C1 58.00' 05'54'25" 7.01' C2 ll.40· 78'21'21" 45.68' CJ 1333.00' 08'24'00· 195.43' o 100 200 400 I ]a I ! (SCALE IN FEET) EXHIBI T "2" PLA T TO ACCOMPANY LEGAL DESCRIPTION Sub I eet PARK PARCELS 1, 2 AND 3 LANDs OF LELAND STANFORD JUNIOR~·-U-N-IV-, Job No. 20126006 By JG Date 03=05-12 Chkd. JYK SHEET 1 OF 2 LEGEND P.O.B. POINT OF BEGINNING PARK PARCEL J 0,691 ACRES± ~ APN 120-31-001 \." ALMA STREET PENINSULA CORRIDOR JOINT POYo£RS BOARD (FORMERL Y SOUTHERN PACIFIC RAILROAD COMPANY) 550'40'30"£ 514.64' -..-N50'40'30"W 600.00' PARK PARCEL 1 9.714 ACR£5± APN 120-31-009 I-~ ~ .---------------~~~~~7Y----~--~J~~ T.P.O.B. FOR ~ N44 '57'30 W 898.73' (fj ----(----___ PARK PARCEL 3 £L CAMINO R jr----------------____________ ~(~~~A~n~HJ~G:HW~A~Y~B~f'~)A~L~ ______ __ STANFORD SHOPPING CENTER LINE TABLE CURVE TABLE LINE BEARING LENGTH CURVE RADIUS DELTA LENGTH LB N4-0'14'4-4"W 151.00' CS 102,00' 16'19'30· 29.06' L9 NB2'48'25"£ 64.12' 07 12,00' 90'08'53" 7B.SS' ltD NB5'41'J4"£ 154.45' CB 182,00' 16'34'4-6" 52.66' L12 N30"09'09"W B5.53' CS! 382,00' 07'50'22" 52.27' L13 N50'29'41·W 123.49' L 14 N4B'JO'02"W 69.11' L1S 584'55'30"£ 164.52' U6 N6Y32'JO·£ 77.21' 0 100 200 400 L17 S50'33'41"£ 7.93' ~ I I LtB 550'40'30"'£ 196.25' ilbR_.-. L19 S85'41'J4"W 192.22' I PALO ALTO, SANTA CLARA COUNTY, CALIFORNIA K: \SUR12\125006\DWG\PLA TS\BALLPARK PLAT.dwg '650 TECHNOLOGY DRIVE SUITE 650 SAN JOSE, CA 95110 408-467-9100 408-467-9199 (FAX) (SCALE IN FEET) EXHIBIT "2" PLA T TO ACCOMPANY LEGAL DESCRIPTION Subject PAR~ PARCELS 1.2 AND 3 LANDS OF LELAND STANFORD JUNIOR UNIV, Job No. 20126006 By JG Date 03--05-12 Chkd. JVK SHEET 2 OF 2 ~Bkf ENGINEERS' SURVEYORS' PLAIIN£R5 Depot Parcel A EXHIBIT 3 Legal Description DEPOT PARCELS March 5,2012 BKF No. 20126006 Page I of 3 Real property in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, described as follows: Being also the lands described as Parcell A in that certain Quitclaim Deed from Southern Pacific Transportation Company, a Delaware corporation to The Board of Trustees of the Leland Stanford Junior University, recorded August 7,198] in Book G263 at Page 298, Official Records of Santa Clara County and the lands described as Parcel No.2 in that certain Sublease between City of Palo Alto, a municipal corporation of the State of California and Southern Pacific Railroad Company, a corporation, recorded October 30, 1939 in Book 951 at Page 580, Official Records of said County, more particularly described as follows: Beginning at a point of intersection between tile center line of University Avenue and the southwesterly line of the Palo Alto Station Grounds, as said Station Grounds is described in that certain Easement from Leland Stanford 10 Southern Pacific Railroad Company, dated November 23, 1892 and recorded October 28, 19) 5 in Volume 435 of Deeds at Page 244, Records of Santa Clara County; Thence leaving said point and along said southwesterly line of said Palo Alto Station Grounds, North 50°40'30" West, 1] 2.08 feet to a point on the northwesterly line of said University A venue, said point being also the beginning of a non-tangent curve, concave to the southeast, having a Radius of 300.00 feet, from the center of said curve a radial line bears North 28°45'32" West, said point being also the TRUE POINT OF BEGINNING of litis description; Thence leaving said point and along the general northwesterly line of said University Avenue, the following two (2) courses and distances: 1) Northeasterly, along said curve, through a central Angle of 11 °55' 52", for an arc Length of 62.47 feet to the beginning of a non-tangent curve, concave to the southwest, having a Radius of ) 89.00 feet, from the center of said curve a radial line bears North 13°) 8'04" East; 2) Southeasterly, along said curve, through a central Angle of 10°55'44", for an arc Length of 36.05 feet to a point, said point being at the intersection of a line drawn 50.00 feet northwesterly, right angle measurement, from said center line of University Avenue; Thence leaving said point and parallel with said center line of University Avenue, North 39°59'30" East, 2.24 feet to the most easterly corner of said Parcell A (G263 O.R. 298); Thence leaving said corner and along the northeasterly line of said Parcel I A, North 50°40'30" West, 847.79 feet to the most northerly corner of said Parcell A (G263 O.R. 298); Legal Description EXHIRTT .~ -DEPOT PARCELS Page 2 of 3 Thence leaving said comer and along the northwesterly line of said Parcel I A, South 39° 19' 30" West, 70.00 feet to the most northerly corner of said Parcel No.2 (95 I O.R. 580), said corner being also the most westerly comer of said Palo Alto Station Grounds (435 Deeds 244); Thence leaving said corner and along the general southwesterly line of said Parcel No.2 (951 O.R. 580), the following five (5) courses and distance~: I) South 16°12'28" East, 143.13 feet; 2) South 50°40'30" East, 420.98 feet to the beginning of a tangent curve to the left, having a Radius of 13.64 feet; 3) N0I1heasterly, along said curve, through a central Angle of 90"00'00", for an afC Length of 21.4:1 feet 10 the beginning of a reverse curve, concave to the southeast, having a Radius of 13.64 feet, from the center of said curve a radial line bears North 50°40' 30" West; 4} Southeasterly, along said curve, through a central Angle of 90°00'00", for an arc Length of 21.43 feet; 5) South 50°40'30" East, 202.67 feet to a point on said northwesterly line of said University Avenue, said point being also the beginning of a non-tangent curve, concave to the southeast, having a Radius of 300.00 feet, from the center of said curve a fildial line hears North 39°28'48" Wesl; Thence northeasterly and along ~aid northwesterly line of said University A venue, along said curve, through a central Angle of 10°43'16", for an arc Length of 56.14 fect to the TRUE POINT OF BEGINNING of this de~cription. Containing an area of 2.488 acres, more or less, Being also Assessor's Parcel Number 120-31-021 per Roll Year 2011-2012. Depot Parcel B Real property in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Being a portion of the lands of The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, desclibed as follows: Being also the lands described as Parcel IB in that certain Quitclaim Deed from Southem Pacific Transportation Company, a Delaware corporation to The Board of Trustees of the Leland Stanford Junior University, recorded August 7, J 981 in Book G263 at Page 298, Official Record~ of Santa Clara County, more purticu larl y de!-icribed as follows: Beginning at a poinl of intersection between the center line of University Avenue and the southwesterly line of the Palo AllO Station Groullds, as said Station Grounds is described in that certain Easement from Leland Stanford to Southern Pacific Railroad Company, dated November 23, J 892 and recorded October 28, 1915 in Volume 435 of Deei'll' at Page 244, Records of Santa Clara County; Legal Description EXH1BIT 3 -DEPOT PARCELS Page 3 of 3 Thence leaving said point and along said southwesterly line of said Palo Alto Station Grounds, South 50°40'30" East, 113.68 feet to a point on the southeasterly line of said University Avenue, said point being also the TRUE POINT OF BEGINNING of this description; Thence leaving said point and along the southwesterly line of said Parcel ) B (0263 O.R. 298), said line being also the northeasterly line of Parcel 2 of Lot 38, as shown on that certain map entitled "Survey of Lots 37 and 38, Stanford University Lands, Palo Alto, Califomia", dated August 1955, Sheet 2 of 2, prepared by Lawrence O. Brian, Civil Engineer, South 50°40'30" East, 161 .50 feet to the most southerl y corner of said Parcel J B; Thence leaving !iaid northeasterly line of Parcel 2 of Lot 38, North 39° 19' 30" East, 76.00 feet to the most easterly comer of said Parcel I B; Thence leaving said corner and along the general northeasterly line of said Parcell B (G263 O.R. 298), the following three (3) courses and distances: I) North 50°40'30" West, 94.50 feet; 2) South 39°) 9' 30" West, 26.00 feet; 3) North 50°40' 30" West. 95.74 feet to a point on said southeasterly line of said University A venue, said point being also the beginning of a non-tangent curve, concave to the northwest, having a Radius of 380.00 feet, from the center of said curve a radial line bears South 84°55'18" East; Thence southwesterly. along said curve, through a central Angle of 08°42'16", for an arc Length of 57.73 feet to the TRUE POINT OF BEGINNING of this description. Containing an area of 0.257 acres, more or less. Being also Assessor's Parcel Number 120-32-0) 2 per Roll Year 20 11-2012. Depot Parcels A and B, as shown on plat entitled "EXHIBIT 3" attached hereto and made a part hereof. This description was prepared by me or under my direct supervision. BKF Engineers John Koroyan, P.L.S. License expires 12-31-2013 ;11 A-Il.CJf 5> J "t 0 /'2 , Dated LEGEND P.D.B. POINT OF BEGINNING T.P.D.B. TRUE POINT OF BEGINNING :> ~~----------------, I:: l&J ~ l&J ALMA STREET PENINSULA CORRIDOR JOINT POMJ?S BOARD (FORMERL Y SOUTHERN PACIF1G RAILROAD COMPANY) ... 1\'<'86 ..­~~j-< .. N50'40'30·W 847.79' (R) '" 11- DEPOT PARCEL A IV. \.. ~ 2.488 ACRES± -;;r£.~48 .. w ..... APN 120-31-021 h (R) 1.5 -l1 550'40'30"£ 420.98' C/i;+:-_ ..... __ ~rIItI "'-----..--R-""" ..... CR-O .. S-S ..... -.....;'..c;> T.P.O.B. FOR r:.'LEAs£ DEPOT PARCEL A PARK PARCEl... APN 120-31-009 DOC. 15163824 MacARTHUR PARK LEASE DOC. J5163822 APN 120-31-010 cL CAMINO R (STATE HIGHWAY 82.~AL NIVCRSITY AVE. UNDERPASS DEPOT PARCEL B 0.257 ACRES± APN 120-32-012 APN 120-32-023 PARca 2 OF LOT .1B APN 120-32-006 CURVE: TABL£ LINE TABLE CURVE: RADIUS DELTA LENGTH Cl 300.00' 11'55'52" C2 789.00' 10'55'44" C.1 103.64' 90'00'00· G4 13.64' 90'00'00· C5 0300.00' 10'4.1'16" CB 0380.00' 08'42'16" o 100 200 400 I " ! (SCALE IN FEET) PALO AL TO, SANTA CLARA COUNTY, CAUFORNIA K: \5UR12\126006\DWG\PLA75\D£POT PLA T.dwg 62.47' 36.05' 21.43' 21.43' 56.14' 57.7J' UNE L1 L2 L.1 L4- L5 L6 L7 L8 L9 LtD Ll1 1650 TECHNOLOGY ORNE SUITE 650 _'.SIUm- SAN JOSE, CA 951 10 408-467-9100 408-467-9199 (FAX) BEARING 550'40'30"E N.19'59'JO"E SJ919'30·W 51612'28"£ 550'40'30"£ 550'40'30"£ 550'40'30"£ NJ919'30"£ N50'40'30"W S3919'30"W N50'40'30"W LENGTH 112.08' 2.24' 70.00' 143.13' 202.67' 113.68' 161.50' 76.00' 94.50' 26.00' 95,74' EXHIBIT "3" PLA T TO ACCOMPANY LEGAL D£SCRIPTION Subject DEPOT PARCELS A AND B LANDS OF LELAND STANFORD JUNIQR UNIV, Job No. 20126006 By JG Dote 03-05-12 Chkd. JVK SHEET 1 OF 1 120308 jb 0130941 EXHIBIT 4 This document is recorded for the benefit of the City of Palo Alto and is entitled to be recorded free of charge in accordance with Section 6103 of the Government Code. After Recordation, mail to: Office Of The City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 GRANT OF ACCESS EASEMENT For good and valuable consideration, receipts and sufficiency of which is hereby acknowledged, THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California (“Grantor”), hereby grants to the CITY OF PALO ALTO, a California chartered city and municipal corporation (“Grantee”), an easement, as further defined below, in, on, under, along and across the real property of Grantor, as more particularly described in Exhibit ___ attached hereto and incorporated herein by this reference (the “Parcel”), for the purpose of accessing facilities related to the operation, inspection, maintenance, repair, and replacement an underground water storage and distribution system located on the Parcel. In furtherance of the foregoing, the parties hereby agree as follows: 1. Grant of Easement. Grantor HEREBY GRANTS to Grantee an easement for ingress to and egress from the Parcel in the area more particularly described in Exhibit ___ and depicted in Exhibit ___ each of which is attached hereto and incorporated herein by this reference (the “Easement Area”). 2. Reservation of Grantor’s Rights. Subject to Grantee’s rights under that certain lease dated June 10, 1915, as amended by that certain Amendment to Lease dated June 29, 1971, and by that certain Second Amendment to Lease dated February 26, 1973, and by that certain Third Amendment to Lease dated March 31, 1981, and by that certain Fourth Lease Amendment dated July 31, 1981, and by that certain Fifth Amendment to Lease dated January 1, 2000 (collectively, the “Lease”), Grantor reserves the right to use the Easement Area for any purposes which will not interfere with Grantee’s full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any building or other structure, drill or operate any well, plant any trees or construct any fence that will interfere with Grantee’s access to and egress from the Easement Area. Notwithstanding the foregoing, Grantee agrees and acknowledges that upon the expiration or earlier termination of the Lease, Grantor may pave the Easement Area and use it for vehicular access, parking and pedestrian walkways. After the 120308 jb 0130941 expiration or earlier termination of the Lease, Grantee shall not make any use of the surface of the Parcel that interferes with Grantor’s use of the Parcel. 3. Incorporation of Prior Grant of Easements. Grantor and Grantee hereby agree that the provisions of Section 2(b), and Sections 5 through 15 of that certain Grant of Easements recorded January 29, 2009 as Document No. 20114059 of the Official Records of Santa Clara County, California are incorporated herein by this reference and shall apply to the Easement Area and this Grant of Access Easement. IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Grant of Reservoir Easements as of this ____ day of ______________, 2012. GRANTOR: THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers within the laws of the State of California By: Its: GRANTEE: CITY OF PALO ALTO, a chartered city and municipal corporation By: City Manager APPROVED AS TO FORM By: City Attorney 120308 jb 0130939 ACKNOWLEDGMENT State of California ) County of ____________________ ) On ____________________ before me, ____________________ (insert here name and title of the officer), personally appeared ____________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ____________________ Place Notary Seal Above 120308 jb 0130939 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property created by the Grant of Access Easement dated _____________, 2012, by THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, as Grantor, to the CITY OF PALO ALTO, a chartered city and municipal corporation as Grantee, is hereby accepted by order of the City Council by the undersigned officer or agent on behalf of the City of Palo Alto, pursuant to authority conferred by Resolution No. 4434, of the City of Palo Alto adopted on March 15, 1971, and the Grantee consents to recordation thereof by this duly authorized officer. Dated: _______________, 2012 CITY OF PALO ALTO By: ________________________________ City Manager APPROVED AS TO FORM: By: City Attorney TO: FROM: PLANNING & TRANSPORTATION DIVISION STAFF REPORT PLANNING & TRANSPORTATION COMMISSION Whitney McNair, Consultant DEPARTMENT: Planning and Community Environment AGENDA DATE: March 14,2012 SuBJECT: Amendment to 1997 Sand Hill Road Development Agreement RECOMMENDATION: Staff recommends that the Planning and Transportation Commission recommend City Council approval of the proposed amendment to the 1997 Sand Hill Road Development Agreement (Attachment B). BACKGROLTND In 1997 the City of Palo Alto and Stanford University entered into the 1997 Sand Hill Road Development Agreement (Development Agreement) concerning Sand Hill Road Projects, including Stanford West Apartments; Stanford West Senior Housing; Stanford Shopping Center Expansion; a collection of various roadway improvements; and the creation and annexatiol1 of a small parcel of property created by the relocation of Pasteur Drive at Sand Hill Road. Area B is located in Santa Clara County and is comprised of 139-acres that the Developmehf Agreement refers to as "Special Condition Area B." The property is within the permitting jurisdiction of Santa Clara County and is regulated under the County's 2000 Stanford Community Plan and General Use Permit (GlTP). Although the area is within the County,the Development Agreement between Stanford and the City of Palo Alto incorporates these parcels. Theproposed application is to remove a 10.2S-acre area from Area B (Attachment C). The Development Agreement prohibits development in a portion of Area B (including the proposed area) until December 31, 2020, except for academic and recreational fields (including the golf course) and associated support facilities .. City of Palo Alto Page 1 The City of Palo Alto has an existing lease with Stanford for the use of EI Camino Park. The current lease expires in June 2033. In June 2011, the City Council directed staff to pursue a long­ term lease with Stanford for EI Camino Park beyond the current expiration date. (Attachment E), The 1997 Sand Hill Road Development Agreement has been amended on two previous occasions, in 2001 and 2003. DISCUSSION The City received an application from Stanford University to execute an amendment to the 1997 Sand Hill Road Development Agreement (Attachment D). Section 65868 of the California Government Code and section 8(b) of Palo Alto Resolution No. 6597 (Mar. 9, 1987), provide that a development agreement may be amended by mutual consent of the parties to the agreement. The application is to remove a 10.25-acre site from Special Condition Area B, and to extend the lease of the approximately 10-acre EI Camino Park, from June 30,2033, to June 30,2042 (Attachment C). Except for a snlall piece of land located in the northwest conler of Area B proposed for removal from the Development Agreement, the Property is located within the portion of Area B where the Development Agreement currently allows housing. Except for this small piece of land, the City of Palo Alto already has approved development on the Property, and the requested amendment to the Development Agreement would change only the type of developnlent that is allowed under the Agreement -from housing to academic and support uses. With respect to the small piece of land that is within the non-housing portion of Area B, the requested amendment to the Development Agreement would merely allow Stanford to accelerate the development of academic and support uses in advance of the December 31, 2020 date. The Property is within the Academic Growth Boundary and the Academic Campus land use designation, which allows the development of academic facilities and support uses. Removal of the Property from Area B would not result in any changes to either the Community Plan or GlJP, which both would continue to apply to the Property in full force. By removing the Property from Area B, the City is not approving or authorizing any development on the Property; such development will remain subject to County review and approval. Stanford University is considering this site for a new energy center to replace the campus' Cardinal Cogeneration energy facility. The new energy center is an inlportant part of Stanford's long-range Energy and Climate Plan, which is designed to increase energy efficiency while reducing the environmental impacts associated with supplying energy to the Stanford campus. Stanford is still in the planning process and has not yet proposed a specific project for the County's approval. The energy facility is not part of this application and is not part of the Commission's review. The City leases land from Stanford along EI Camino Real that is improved with EI Camino Park City of Palo Alto Page 2 and other facilities. In June 2011, the City Council, while discussing improvenlents to the ball field, directed staff to see if Stanford would consider extending the lease on EI Camino Park (Attachment E). The current lease expires in June 2033. Stanford is proposing that in exchange for releasing approximately 10-acres from Area B nine years early (currently the restriction is until 2020), they will extend the approximately 10-acre EI Camino Real Park lease nine years, from 2033 to 2042. POLICY IMPLICATIONS: Extension of the EI Camino Park lease is consistent with the Comprehensive Plan and with recent Council direction to pursue such an extension. RESOURCE IMPACT: This amendment will not have a financial impact on the City. TIMELINE The City Council is scheduled to review this application at their meeting of April 9, 2012. ENVIRONMENTAL REVIEW: The County of Santa Clara certified an Environmental Impact Report in December 2000 for the Stanford University Community Plan and General Use Permit (GUP). The GUP EIR is a program-level EIR that addresses the impacts of developing Stanford's lands within the Academic Growth Boundary (AGB) established by the County's Conlmunity Plan. The City's approval of the proposed amendment to the Sand Hill Road Development Agreement would not result in any new or substantially more severe impacts than were disclosed and evaluatedin the GUP EIR because the City's approval would not change any of the terms and conditions of the Community Plan and GUP that govemdevelopment of the 10-acre site, which have been evaluated in the GUP EIR. At most, the City's approval would merely accelerate the development of academic support uses on the 10-acre site, but still in a manner consistent with the Community Plan and the G1JP. ATTACHMENTS: A. Ordinance B. Development Agreement and Exhibits* C. Location Maps (Area Band EI Camino Park) D. Project Description* E. City Council Excerpt Minutes of June 13,2011 * Prepared by Applicant; all other attachments prepared by Staff COURTESY COPIES: Bill Phillips -Senior Associate Vice President, Stanford University Catherine Palter -Associate Director, Stanford University Marc Bruner -Partner, Perkins Coie LLP City of Palo Alto Page 3 PREPARED BY: Whitney McNair, Consultant REVIEWED BY: Amy French, Acting Assistant Director DEPARTMENTIDIVISION HEAD APPROVAL: ~~ ---------------------------------Curtis Williams, Director City of Palo Alto Page 4 ATTACHMENT A Not Yet Approved Ordinance No. --- Ordinance of the Council of the City of Palo Alto Approving The Third Amendment to the Development Agreement Between the Board of Trustees of the Leland Stanford Junior University and the City of Palo Alto Dated August 14, 1997 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Recitals. A. The City of Palo Alto (City) and Stanford are parties to a certain Development Agreement dated August 14, 1997 (the "Sand Hill Road Development Agreement" or "Agreement"), concerning the Sand Hill Road Projects, which include, as described in Paragraph l(k) of the Agreement, the Stanford West ,Apartment Project; the Stanford West Senior Housing Project; the Stanford Shopping Center Expansion Project; a collection of various roadway improvements, including widening and extension of Sand Hill Road, widening and improvement of Quarry Road, construction of a new Vineyard Lane, extension of Palo Road, extension of Stockfarm Road, and related roadway improvements; and the creation and annexation of a small parcel of property created by the relocation of Pasteur Drive at Sand Hill Road. B. Section 65868 of the California Government Code and section 8(b) of Palo Alto Resolution No. 6597 (Mar. 9, 1987) provide that a development agreement may be amended by mutual consent of the parties to the agreement. C. Pursuant to these provisions, paragraph 11 of the Agreement provides that the City and Stanford may amend the Agreement from time to time by mutual consent. D. Paragraph 6(i) of the Agreement provides that until December 31, 2020, Stanford shall not develop the approximately 139-acre parcel known as Special Condition Area B ("Area B"), as defined by the 1989 General Use Permit issued by Santa Clara County (the "County") for the Stanford campus, except for academic and recreational fields (including the golf course) and associated support facilities; provided that the Agreement allows Stanford to propose and construct faculty, staff or student housing within a specified portion of Area B regardless of the December 2020 date. Exhibit H-3 to the Agreement contained a map that depicted Area B. E. In April 2001, the City and Stanford executed a First Amendment to the Agreement ("First Amendment"). The First Amendment revised Area B to exchange restrictions on portions of Area B such that (i) development would be precluded until December 31, 2020 on a 13-acre area that previously had been slated for the near-term development of housing under the original Agreement in 1997, and (ii) development of housing would be pennitted on another, adjacent 13- acre area that had been restricted under the original Agreement until December 31, 2020. Exhibit B (dated Apr. 9, 2001) to the First Amendnlent amended Exhibit H-3 to the Agreement in order to show the revised boundaries of the housing development areas within Area B. F. Subsequently, in 2003, the City and Stanford executed a Second Amendment to the' Agreement C'Second Amendment"). This Second Amendment was intended to implement the First Amendment, by defining more precisely the boundary between that portion of Area B 1 120307 jb 0130938 Not Yet Approved where development was restricted until December 31, 2020, and that portion of Area B where the development of housing was permitted regardless of the December 31, 2020 date. To that end, the Second Amendment included a legal description and an accompanying plat map. G. The property that is the subject of this Amendment consists of approximately 10.25 acres of land. This 10.25-acre area will be referred to as the "Property." This Amendment removes the Property from Area B. Except for a small sliver of this land in the northwest comer of the Property, the Property is within that portion of Area B that is contemplated for development of housing under the Agreement (as amended by the First and Second Amendments ). H. Area B is owned by Stanford and is located within the land use jurisdiction of the County. I. In December 2000, the County approved the Stanford Community Plan (the "Community Plan") and a new General Use Permit (the "2000 GUP") for the Stanford campus, which established an Academic Growth Boundary and permitted the development of 2,035,000 net new square feet of academic facilities and academic support uses on the campus within that boundary on lands within the "Academic Campus" land use designation. J. In approving the Community Plan and the 2000 GUP, the County in December 2000 certified, pursuant to the California Environmental Quality Act ("CEQA"), a Final Environmental Impact Report (the "2000 GUP EIR") that evaluated at a program-level the environmental impacts from the maximum level of development on the Stanford campus that would be allowed under the Conlmunity Plan and the 2000 GUP. K. The 2000 GUP contains detailed procedures for evaluating individual, site specific building projects that Stanford proposes to build on the campus to implement the Community Plan and the 2000 GUP. L. The entirety of the Property is located within the Academic Growth Boundary on lands designated for Academic Campus uses, and therefore may be developed for academic and support uses under the Community Plan, 2000 GUP, and 2000 GUP EIR approved by the County. M. Stanford wishes to submit an application to the County to develop the Property as a new energy center that is anticipated to increase energy efficiency while reducing several of the environmental impacts associated with supplying energy to the campus, including greenhouse gas emissions. N. The precise footprint, design, and operational characteristics of the new energy center have not yet been determined. At such time when Stanford submits an application to the County to develop the Property, the County will review the application based on the 2000 GUP EIR and will conduct any further environmental analysis that may be required under CEQA, m accordance with the site-specific project review procedures contained in the 2000 GUP. o. By removing the Property from Area B, the City is not approving or authorizing any development on the Property; such development will remain subject to County review and approval. 2 120307 jb 0130938 Not Yet Approved P. The City leases land fronl Stanford along EI Camino Real that is improved with EI Camino Park and other facilities; this lease will be referred to as the "EI Camino Park Lease." Q. The City wishes to extend the term of the EI Camino Park Lease, and Stanford has agreed to a nine-year extension of the EI Camino Park Lease, conditioned upon approval of this Amendment. R. The City's Planning and Transportation Commission and City Council have given notice of intention to consider this Amendment and have conducted public hearings on the Amendment. SECTION 2. Findings. The City Council finds and determines that: A. Notice of intention to consider the development agreement has been given pursuant to Government Code section 65867. B. The City's Planning and Transportation Commission and City Council have given notice of intention to consider this Agreement, have conducted public hearings thereon pursuant to Government Code section 65867 and City's Resolution No. 6597, and the City Council has found that the provisions of this Agreement are consistent with City's Comprehensive Plan, as amended. SECTION 3. The City Council hereby approves the Third Amendment to the Development Agreement between the City of Palo Alto and the Board of Trustees of the Leland Stanford Junior University, a copy of which is attached hereto as Exhibit "A", and authorizes the Mayor to execute the Agreement on behalf of the City. SECTION 4. The City Clerk is directed to cause a copy of the development agreement to be recorded with the County Recorder not later than ten (10) days after it becomes effective. SECTION 5. The County of Santa Clara certified an Environmental Impact Report in December 2000 for the Stanford University Community Plan and General Use Permit (GUP). The City's approval of the ,proposed amendment to the Sand Hill Road Development Agreement would not result in any new or substantially more severe impacts than were disclosed and evaluated in the GUP EIR because the City's approval would not change any of the terms and conditions of the Community Plan and GUP that govern development of the la-acre site, which have been evaluated in the GUP EIR. 3 120307 jb 0130938 SECTION 6. after its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: NOT PARTICIPATING: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney 120307 jb 0130938 Not Yet Approved This ordinance shall be effective upon the thirty-fIrst (31st) day APPROVED: Mayor City Manager Director of Planning and Community Environment 4 This docunlent is recorded for the benefit of the City of Palo Alto and is entitled to be recorded free of charge in accordance with Section 6103 of the Government Code. After Recordation, mail to: Office of the City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 ATTACHMENT B THIRD AMENDMENT TO THE SAND HILL ROAD DEVELOPMENT AGREEMENT This Third Amendment to the Sand Hill Road Development Agreement is entered into as of this day of , 2012, by and between the CITY OF PALO ALTO, a chartered city of the State of California (the "City"), and THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California ("Stanford"). RECITALS This THIRD AMENDMENT TO THE SAND HILL ROAD DEVELOPMENT AGREEMENT ("Amendment") is entered into on the basis of the following facts, understandings and intentions of the parties: A. The City and Stanford are parties to a certain Development Agreement dated August 14, 1997 (the "Sand Hill Road Development Agreement" or "Agreement"), concerning· the Sand Hill Road Projects, which include, as described in Paragraph 1 (k) of the· Agreement, the Stanford West Apartment Project; the Stanford West Senior Housing Project; the Stanford Shopping Center Expansion Project; a collection of various roadway improvements, including widening and extension of Sand Hill Road, widening and improvement of Quarry Road, construction of a new Vineyard Lane, extension of Palo Road, extension of Stockfarm Road, and related roadway inlprovements; and the creation and annexation of a small parcel of property created by the relocation of Pasteur Drive at Sand Hill Road. B. Section 65868 of the California Government Code and section 8(b) of Palo Alto Resolution No. 6597 (Mar. 9, 1987) provide that a development agreement may be amended by mutual consent of the parties to the agreement. C. Pursuant to these provisions, paragraph 11 of the Agreement provides that the City and Stanford may amend the Agreement from time to time by mutual consent. 120308 jb 0130941 D. Paragraph 6(i) of the Agreement provides that until December 31, 2020, Stanford shall not develop the approximately 139-acre parcel known as Special Condition Area B ("Area B"), defined by the 1989 General Use Permit issued by Santa Clara County (the "County") for the Stanford campus, except for academic and recreational fields (including the golf course) and associated support facilities; provided that the Agreement allows Stanford to propose and construct faculty, staff or student housing within a specified portion of Area B regardless of the December 2020 date. Exhibit H-3 to the Agreement contained a map that depicted Area B. E. In April 2001, the City and Stanford executed a First Amendment to the Agreement ("First Amendment"). The First Amendment revised Area B to exchange restrictions on portions of Area B such that (i) development would be precluded until December 31, 2020 on a 13-acre area that previously had been slated for the near-term development of housing under the original Agreement in 1997, and (ii) development of housing would be permitted on another, adj acent 13 -acre area that had been restricted under the original Agreement until December 31, 2020. Exhibit B (dated Apr. 9, 2001) to the First Amendment amended Exhibit H-3 to the Agreement in order to show the revised boundaries of the housing development areas within Area B. F. Subsequently, in 2003, the City and Stanford executed a Second Amendment to the Agreement ("Second Amendment"). This Second Amendment was intended to implement the First Amendment, by defining more precisely the boundary between that portion of Area B where development was restricted until December 31, 2020, and that portion of Area B where the development of housing was permitted regardless of the December 31, 2020 date. To that end, the Second Amendment included a legal description and an accompanying plat map. G. The property that is the subject of this Amendment consists of approximately 10.25 acres of land. This 10 .25-acre area will be referred to as the "Property. 11 This Amendment removes the Property from Area B. Except for a small sliver of this land in the northwest comer of the Property, the Property is within that portion of Area B that is contemplated for development of housing under the Agreement (as amended by the First and Second Amendments ). H. Area B is owned by Stanford and is located within the land use jurisdiction of the County. I. In December 2000, the County approved the Stanford Community Plan (the "Community Plan") and a new General Use Permit (the "2000 GUP") for the Stanford campus, which established an Academic Growth Boundary and permitted the development of 2,035,000 net new square feet of academic facilities and acadenlic support uses on the campus within that boundary on lands within the "Academic Campus" land use designation. J. In approving the Community Plan and the 2000 GUP, the County in December 2000 certified, pursuant to the California Environmental Quality Act ("CEQA"), a Final Environmental Impact Report (the "2000 GUP EIR") that evaluated at a program-level the environmental impacts from the maximum level of development on the Stanford campus that would be allowed under the Community Plan and the 2000 GUP. 120308 jb 0130941 K. The 2000 GUP contains detailed procedures for evaluating individual, site- specific building projects that Stanford proposes to build on the campus to inlplement the Community Plan and the 2000 GUP. L. The entirety of the Property is located within the Academic Growth Boundary on lands designated for Academic Campus uses, and therefore may be developed for academic and support uses under the Community Plan, 2000 GUP, and 2000 GUP EIR approved by the County. M. Stanford wishes to submit an application to the County to develop the Property as a new energy center that is anticipated to increase energy efficiency while reducing several of the environmental impacts associated with supplying energy to the campus, including greenhouse gas emissions. N. The precise footprint, design, and operational characteristics of the new energy center have not yet been determined. At such time when Stanford submits an application to the County to develop the Property, the County will review the application based on the 2000 GUP EIR and will conduct any further environmental analysis that may be required under CEQA, in accordance with the site-specific project review procedures contained in the 2000 GUP. O. By renloving the Property from Area B, the City is not approving or authorizing any development on the Property; such development will remain subject to County review and approval. P. The City leases land from Stanford along El Camino Real that is improved with El Camino Park and other facilities; this le.ase will be referred to as the "El Camino Park Lease." Q. The City wishes to extend the term of the El Camino Park Lease, and Stanford has agreed to a nine-year extension of the El Camino Park Lease, conditioned upon approval of this Amendnlent. R. The City's Planning Commission and City Council have given notice of intention to consider this Amendment and have conducted public hearings on the Amendment. S. The City has found that the terms and conditions of this Amendment are fair, just'and reasonable, and provide benefits to the City. T. This Amendment is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region. The City has determined that the Amendment represents a reasonable balancing of the competing interests of the affected region. U. This Amendment will bind future City Councils to the terms and obligations specified in the Amendment. V. After review by City staff, its Planning Commission, and the City Council, the City has found that: 120308 jb 0130941 a. The provisions of this Amendment and its purposes are consistent with the goals, policies, programs and standards specified in the City's Comprehensive Plan; b. This Amendment will help attain important economic, social, environmental and planning goals of the City and enhances and protects the public health, safety and welfare of the residents of the City and the surrounding region; c. This Amendment will allow Stanford to apply to the County for development of a new campus energy center on the Property, which, if approved by the County, is anticipated to reduce the air pollutant and greenhouse gas emissions and water use associated with supplying the Stanford campus with energy. d. This Amendment will also provide for a nine-year extension of the tenn of the El Camino Park Lease, thereby providing valuable recreational and open space benefits to the residents of the City and the surrounding region. e. This Amendment will otherwise achieve the goals and purposes for which the Development Agreement Act was enacted. PROVISIONS NOW, THEREFORE, the parties do hereby agree as follows: 1. The Property is removed from Area B and is no longer subject to the provisions of Paragraph 6(i) of the Agreement. 2. A revised legal description and an accompanying map depicting the entirety of Area B, as modified by this Amendment, are provided in Exhibit A to this Amendment. Revised legal descriptions and an accompanying map for those portions/of Area B that are contemplated for the development of housing under the Agreement, as modified by this Amendment, are provided in Exhibits A-I. A-2 & A-3 to this Amendment 3. Exhibit B to this Amendment revises Exhibit H-3 to the Agreement -as previously amended by Exhibit B (dated Apr. 9, 2001) to the First Amendment -in order to show the location and boundaries of the Property; the location and the changes to the boundaries of Area· B; and the location and the changes to the boundaries of those portions of Area B that are contemplated for the development of housing under the Agreement. 4. The provisions of Paragraph 6(i} will continue to apply to all other parts of Area B with the exception of the Property. 5. The parties shall execute the sixth amendment to the El Camino Park Lease to extend the lease tenn for a period of nine years, from June 30, 2033 to June 30, 2042. The sixth amendment to the El Camino Park Lease is attached to this Anlendment as Exhibit C. The sixth amendment to the El Camino Park Lease will beconle effective within 45 days after the final 120308 jb 0130941 passage of the ordinance approving this Amendment if that ordinance is not submitted to a referendum. If that ordinance is submitted to a referendum, the sixth amendment to the El Camino Park Lease will become effective only if the referendum approves the ordinance. 6. All other provisions of the Agreement continue to apply and are not affected by this Amendment. 7. The following exhibits are attached to this Amendment and are incorporated herein: Exhibit A: Exhibits A-I, A-2 & A-3: Exhibit B: Exhibit C: Legal Description and Map of Revised Area B Legal Descriptions and Map of Area B Housing Parcels Amended Exhibit H -3 to Sand Hill Road Development Agreement Sixth Amendment to El Camino Park Lease (including Exhibits 1,2 & 3) IN WITNESS WHEREOF, this Amendment has been executed by the parties as of the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Manager APPROVED AS TO CONTENT: Director of Planning and Community Environment 120308 jb 0130941 CITY OF PALO ALTO Mayor STANFORD The Board of Trustees of the Leland Stanford Junior University By: __________________ __ Its: ____________ _ ACKNOWLEDGMENT State of California County of ________ _ On before me, (insert here name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above 120308 jb 0130939 EXHIBITS A, A-I, A-2 & A-3 TO THIRD AMENDMENT TO 1997 SAND HILL ROAD DEVELOPMENT AGREEMENT 120308 jb 0130941 I I ,I ,I ~lkF EXHIBIt '~'Ai. Legal :Descl"tptlon REVISED AREA ,B (For Developml.lotAgreeJnent) JatlUllry 2S,'MI2 BKfl No. 2Qt2600'7 Page 1 Qf3 Realprop:erty In the'Coll~lY of Sante: Clara, State of CalifOrtlin, de-~ribed a.s fOlloWS: B~i.ng a portion ohhe lands of The :B:GatO of'ThUstee$ of'-the Leland Stanford luoiOr ,urii.verslty, a 'be&y ha~lng· @rpo(4ilO powers onder the 18"\~.S .. of ,the St~te of. California, more particularly' described 8.s' frillpw~ lmGINNJNG ~t' a potl.11 on tbe.s¢l:l.tbellslerly Une. ef '$fl.Qd-lJlIl. Rood, •. as saId.Road 18 deseJfbed fn tll'ilt: eertain' Basement for street DrId road'way purp.oses.. from The B.bard of"l'rustees of the Leland ,Slanforo Junior Unlvel'~it}'to the City of Palo, 1dl'0, ~.tdej:l June,1: 2002:.. underD.o-cument No. },6304199" Offlchi! ,Records of Santa Clara County, sai4 ,Pbint being al~ the nonhw~terly (~j:n:tirw:$ of that c~$jn Ma(iemlc Growth BOUllOlltY Ul)a; d~cJlibed 8S Area "B" H'Quslng Sire B:~un.aJlr)' ln' the·Second. Amemiment'lO: Development Agreement between City of Palo ~Ito IlIld, TlJe RallJ'd of Tntstees ,of tbe Leland Samford Illnior University", J'eCOlded peeernber ~3, 2003', )lnder,I)oournenl N:o. 1 75'4:4U8. Om:ola'l'l~:f;lCQrd,a' of said (Jaunty; ThenCe-:leaving said RoJnt and along said 'S;Outheas~erly lilJ,e of'Sand Hill R6ac4 South 41"10' (2" WeSf, 206.35 feet to tbe .tl'i0$1' 'soptherly earner -of ao1;I1' RQ«d .at;: c;lescdbed' ill' 'S~4 Easement for !ilreet and roadway P~UIJI~ (Ddc. J63()4199.~. ~d oomed~eing alsea·,point In the ceriW Un.e ot SM FllUlefflgUjlO Ct~eki Thence leaving Uld oor't!~r. and along said center line of SJln 'Prancisquito, Creek. SO\ltheflsterly, 11.80-f~ more or.le:s-no tb~ genend 1'\ortherl~ line of lunlporo Sel18 B_ou:lenrci: nnm~tlong"s81d. &.enei1!l norlher.lyline Of IuniperoSerrnl)01lleY:tli'd, easterly. Il6S,l feet more or les&-t(J ,the~eneml w.esterly line of Campll8 Drl~.e WesJ; Thence altm:g: ~_ .general weit~ly If!\~-of Camp.u~ Drive West, Mitherl)!. i 76.9 fc.et. mo;i'e-,or les,s to the~iQ.te~~on' 'With, th~northwesrcrl}' prplong~tI'O'Ir Qf"th.~ center Ijn~ of' Santa 'I'e~ S1reet; The)}ce I~Vi:ng said gene:ra.l Westerly 'line of. Campus Drl.\I~ Wost~ No\1ll 77Gfi'!/50" West, 167 feel'more or less to (be g*ra1 :C'enter-of P~m9tlt...R,(jad:' t1'l¢nce ,along ~Bid general center of Ff'emont. Road. soUthwesfer:)}f, 4U feet more or leu' to said Academ,lc Q'rOwth,Bound'ary line; I~' N.orth '3 I °S6~1.7" w.es~ 277.02 feel; 2) Nortll40"4?~5:8'1 W~.t. 40~,92f~t\ 3) .N6JlJl19Q57'36" West. 3-1'0:20 f~t. , . ~g~tOescrlpijQU r$vtSEP AREA a P*ge2ofS Tllencelt}Hving ~rottAead<'rnic ;Orowth Houndaryline., ,tJtefoll()Win~'fourteen (,14>cQurs~~l s· l) North154S1~o()~"a~l~ 416!~8 'f~~r: ~ $PUJh 14il03·i·00·'East~ 15BA2J ·feeli 3) NbrJlIOIQ26't)sn$!ast, '65'4.15 feet; 4} NQrth?Q.°$1~~7hE~t~ 2~!:16(~h $') Not1h~a9BJl·:1$Ji'E~!)t,11.Q~ -fee.t; .8) Nottlt 89·°Q-P4$it Ea:st, :57iOO t~t~ 7) S_oulh 8.7P40'43nEMt~ 1] .54 feet; 8) 'SouthSao2S;t:O:SH all~t. ~O.57 feet; 9) ~~th 1:t"q;~8·~t~~lia.sfl 44.S3 fee~; to}. South. 719l6'I'j'2:I·'Ea~u, 6] ,40 feet; tl): Snu,tb 17Q$:c.}tt9~' aa~~, 46\42fee~; t2~S0tlt1n>'19ii14'~7'~~J:';~stt 7j.'.68 feet: l~lSqutlr 8Vb~2~44·· (I$Mff46 •. ,IOf$~H li~j NQl~q87~~4;t"1.(:)H13ast,2S~~3f¢et:t(;ltb¢.gei1.emJ we~tetty line.orOak l~Qadi Then~Je,~vf~t '$~ijdgeil~rill westotly'1J~~ Qf)'Ol\k .lQadj NQq~34~~] 1'(:Ea~1~ 5Z1&ettrlQteor le~$ tothe··S"QJlthwester,t}'lineof'Paste.urr:biv;~l:\s:;saidlin~J$'de.scdb.ed in Sijfd Basementfol' street and roadwa.~:Ptl"tllOSQs~'DQc;~;No .. l: 6$041',991; th~@~ aJ"JJtlJ slJi.d.$P1ltbw¢ste1'lY· HneQfF'as.~tlrnd~e.lb~·f:w:l1oWillgtour{4;" CQu.r:sest 1'): Nt1rlh 71oSa~'49'~ Viest,. s-ng~"S&feet t0~ thebeginnJngof:a 'taQ8¢nfeurve to~ tij'e fi~flt; havina a, ~tl,dip.$·pf';2Q9~Q0'f~¢t; - ~l 'Northwest~rJy al;()ng;snf:dcutV~, tbrougba.~¢ntr"JAl\tletiif2RP26~12~~i .for@.n:arc l.;¢ngth of 99,.26 ft-tt; . ~}North 4S027j.a7;) West,'lA3 feet. :to; ,tbe beginning .of u tange:ntCl!t;\le; to the l&ftt :ha~inga Ii~i\1S of 40.()O reet~ ., 4) rJQnh~estedl" ,alongisaid~ll,tve, ~hm~~b lt~eJl~lAllg(~9f'869t2~4~t'\fflrJUl :at~ 'Length .. of '6Q,19 fe~t'tQ$alQ$'Qulbea&terlyline,QfSMd;mUtRQad~, Thet)c~al()pg, s~id~()AtFteu,$t¢dy Htle.Qf$.~a:NmR,.efl~~tbeftdlowi'Ji.g' thr~(~)Qo1.),rses~· Ij~pJ;1tb4.8iP19~3'~~~ ~~t~ ~g.ZO,8Y· feet~pttJl~b.egi~niflg:~f a-·f:~gent: cUNe to tbe:leftr'navlnga. Badius of537.00-feet;: 2) S:outhwestetly atollgs~d c\lrve,th.rougl'18 central AggIe of n7°09'26~(,for ,~ ,~~ ~l1gtll Qf 6f}Qaf~et~ '~)S.op.tl\'41 q"lO' ll'I'W,s~r 49~4i'f~tlp 'h~ 'point ·of.aE~tNNtttlt~ r 'I ! j I 1 I ( i i ! I i I I l. } j . :1 1 1 ·1 , I . 1l1i~;d~.ctipDon was, pr~pll1e4·~)' 1lI~ .orqnder l:11y-(b'):e:cJ ~.ptlrviij,Q..r1. BRF Enghteew -JJ.. .' . '--. John J{()'tQ¥a~h p .L.s.. ,0 .. 888'3 .Li~nse expi~ 112~31 ... 2013 -fif.;.) .. 6'~, t ()f¥ Dated Lega.J ~~criptron RBV'IS:at> AREA B' Pag~.3 of~ Legen.d -----Ac::ademlc GrowtI1 Boondary , Re\l1Sad SJSlftIi J·'donditlon Art~·", ~~IoP'JlilllltP(fol~cI' ~ -until D.ecel11ber':Ji, 2020i;8XC'epl· ~QIJ:,8nd ·8¢.ld~~.f1eld$ ~ ~J811td ,up.P.9,rt. . .,.. 'kbuil~)JI.~ .... trowll. EXlnISIT'UA .. l ') LegaJ;UesCliptiop ~ pBOUSlliGEM$eEL 1 (For 'Devej opmentAgreement) Ja'nuary 25,2012- BKFNo.2Ot26007 p~ 1 (,\f2 Real property iu' the .counlY of'S.anta Clara. State'of Cali'fornja,.. des<ir:Jhe;d as fQl(Qwsl, Be/irs a portion-Of'th~ lands of'nle-Boat'd',.of'TnlSlees or tbe,Le1and-SUlnfQrd, lunio!' "l1n1versityi Q body' hav,jog cbrporate po.w~ under the, laws of the State of Ca1ifoqU~, more particularly ,de-s(:_rll:Jed a.& fOJ/!)W81 Beginning at a point on 'toe 'southe:as.ferly line' or S Wld' Hl.U Road; as sate! Road is 'deS(j(ib~(l ib that certain Bilsemenl for s_treet aod roadway purpose&> from The B'o6l'd of Trustees of the leland Stanfatd, Junior Un'ive£Slty to 'the 'City of Palo Alto, 'record'~-June: 1, 200~ under ,Do:cu ment No. l'6304l99, Official R.eoo~-bf Santa q~ra, county, said ~Int being aJso tbe northwe:sJ,erty .t.emUMs ,of tllat celJaitr Academic GrQwtt! BOl:ilic!ary Une. described a_s, aIejl '13" Housing'SIte­ BoundBl)'-in the Second Amend'ment (0 Development A~t,nent between City of Palo AltO and :rt\e-B~rd of'Trustees of the-l.eland Stanford Junior 'tJni-'lersity., teeord.sxl December 23, 2003, \,IfI'~er Do"Cqm~ot N£). I 1544MB, Official ,Records 'of 8ai~ GP'unty~ Thence teaving laid southeaslerly line of Sand Hill Road and clang said Academic Growth BOl!lndarY'Jin~ t~ folJ!3WiIlg,-s·t~ (~ eourseal 1.) 's'o-ulli-Q9v03J 59-tj Eas.t. l'2.:SD f~t) 2) South '04PQS' OS" Eas~ za,01'feet; '3:) South OOP5-~"3l)" West, 3'2.13 feet: 4-) 'South 05"39,"44" 'East, 54.84 reet; .5); Nortb ,&()~Ol'4 l" &8t, 98'.98 feet; '6) North '_89"·30'Mj, ,Ea~t, :8'O.0tl feel to the-'tR.UE: p,QINr OF BE"SJNNlNG of this descdptioll: Thence I~avjhg said point lind cOI)(fl1.l.!jJJ$ a10ug s'!lid A~den'1ic Growth ~ouiidi1l'iY tfn~, ,he (QUowing two (2;):e,ourses: 1) -South Q1°36'42" West,", f,62;32' ~l; ~), S,o\ltb 7.(j,°5-?'J(/' East. i{49,60 feet;' Thenoe le~,vi,ng ~d, Academic, Growth 'Boundary line, Ihe.'followlng' rbree, Q). CGUrses: tJ North l-5.\>j7'(fO't:2ast, 37:a.nf~l.). 2) N:arth :S9"26"3l'i West;-S32.36,'fe:et; 1) South _02Q36'42" West, 23.12. feet to lbo' 'OltJlt P.0~ Of BEGlNNI:NG of this description. As. sbown on map entitled "Af('l):"allou,sirrg" ~t:t8ched-horetp IUld made a parJ be(e.of, I I ·1 ! r I I I I ! f ·Le.~ Description AREA 13 HO.uSIjI(O 'P.~GBI" 1· Page 2 6f2 Thi&-{~s'Qriptlof! w~ prepa.-eO hy me. or under'my direct ~1J~J'vtgjo.n. .jo~Koro)'ll.n, P,L... No, gg:~ -L~Qt"-i~~pire$ 12,.Jl..zo13· J;1¥J" 'r-~ ~,~ . Dated, I' j i ! ~Ikf E-xm:BIT "A,.l)' Legal D~criptiori' AREA B ,qUSING,MRGEL 2, (por Developrnenl.Agreement) January 25,20:1'.1 BKF No. 20126001 Page 1.0("2. .Befog .n"p.ortion of the lands ofThe:B.tlaro afTros~ .of the Leland StaJ)ford,Junior Universi~,.~ body havlng corporate· pOwets under the laws ,of the State of Califuiiiilb r/)ore particularly de&Cribe:d 88 follows: . Beginning at. point on the southeasterly line o(Sand HilI.Road. as said Rpad Is descrlbed in that certain Bilsement for street ~d roadWay PurpOSesl from The Board: of Trustees ,of tbe. Le\l!1)d StanfOrd, 1uhior UlliVe~ty to tho Ci~'y pf ;Pa,Io Alto" ~rded June /,,2002, utlder'DOOl,Im~t N,c" 16304:199', Official Records. of Sanla Clar:Il CQI,lniy ... SJlid. PQlnl being also, the, nor1.hw.~terly terminus of that certain Academic Growth lroundary Iin~ desdribed Ii&' Area "R" Housing Site Boundary.ln the Second Amendment 'fo; Development AgreeJl'101lt betw.eerr, Ctfy of Palo .Arto 1Ul~ 'The BCi!ard, ~f trustees of tl:\e Leland S~fQ.l,'d .T\lni~' Un'iveJ;"Sit:y. ,recol.'ded Dccemb,~ 23. 20~ .• ul1detiOoerulncwf No. 1154485~. Offi~i8f ~.!\ pf said COlIhtr,' Thence leaving' said sopthensterly !fne of Sand Hlfl. Road aDd along said Academic 6rowth l:Ioundary Jln~. the. fQlIowln'g, ten ,(~Q) CQ1lrS"es: 1), So.utb ()9T>O~' 59" EasJ, i2,50 feet: 2) South:94"otP0.8" E4st. 28.0:7 feet; 3) S()u.thoo'bS3·30"W~8t,32.13"fiset; 4) South OSD39~44"'Eaft. S4M leet~ ~ li..Qr.tl\ ~oOl' 41" Eastdl.S:98 feet;~ 6) ,North 89030;34" east, 80,00 feet; 7) South 02~~~42." W~.t. '262.32 ~eet; B) 'Soutll 19"Sl7'3!S(' Bist; 700',QO ~t: 9) SQuth 401047'$5" mt.·4Q:t ,9.1.·fCGJ; IO) ,South 31 °S6'1~" }ifst:.1.11JJ!l. feet to a pofnllg ih.6 'ge~l:Ul ce.ntar of 'Fremont" Road. said , point·bejn~olso thQ'QVe POINT OFiBEGINNING. af'l~i.s d~SYrl.l>nQlll l'hence f~v,in's wd 'point ,lIJId ~ilml~'g at~g ,~~ Acaruimic Growth .Bp,UDdIlJ'y line. the failowlng four Qt)cours(lS~ l:l SOtith 3J 0."i!S'] 7»"&''1'" s.~.U' feet; 1) :SCi)l1ttl71~45'·S8!FEast. 220,.52 ff:;eJ~ 3) SOuth 3"3<>(}7' 55" East. 694.3;' feet; 4) South 09°t9 .. 46'~West. 122.63 feet; 1) S~.uth 04~'"14n Wes,t •. 29.85 feet; 2) SOUl); r,05t\'''Q9'' West, 176.98 lUI: 3.} Sou.th. 11~'48" West. 19'1.60 feet: 4) South q6~07·0.9" Wesl, 14~;,98 ,~[t 5) SOu.th Q6"'H1''i3'' West. 9.a .04 f~t: Legal D~crlptlon AREA II HOUS1NG PfoRC)jL2 Page 2 of2 6) SQ\!th Q6~56'54!' West', .t 17 feet more or less to the gen~re1 northerl¥ Une of Iunipero, Serra Boulevard; Then~ flton& sai,d g~eOll nQ~th,~rl)' Uo:e:'o(1u\iipero Serra Boufeva.rd, ~teily, 178 feet more or less to the g,e~l westet1y Iin~ of Campus Drive West: Thence along,sllid,genora1 westerly Un~,of:Campus [))rive West. north~':.ly. 1169 (-eel mOle or less to tl}e iOtei'Sec'lion, with the north\ve8redy lJrohmgntlon of the center line of'Sanla Tere,sa S.lreeti Then~e leaving said' general westerly line: of Campus Drive West, North 77°03'-50" West'. V67 feet more or less to the ~ne(lll' center ()f FremontRo~d: Thence aJon8 sald general .canter of Fremont:R-oad, SouthweSterly, 413 feet more or less to the TRUE POINTO.F 'BEGINNING of-this descdplton. ~s shpwn onm,ap entitled" Area B Uousing'" attached' nereto ~d ll'fade 8-p811, hereof. ~BkF . , EX'lgBIT I/A~" lA~ 'i>~er1pttr,>n AREA B HOtJSINQ'PARCEL 3 (For: DevelGpment Agreement) lnnuary lS" 21)12 BKFNo.20126007 P-a~ I of'2 Belng 'a portion of the lands Of 'the Board ofTrusrees of the Leland St!nford lunlar UniverSity, n b.~ ,~~.yipg c:orp01'!1to power'S und.er the lnws (Sf 'the .$tll(e of Canfomls, In<;ire p'lirticulatly descri.b~£H18 fOIl!>ws': BeginnIng at &.;puint on the· s~easterly' 1il16 of Sand 'Hlil Road. as said Road 1& d.eS!ldlled ~lJl th.al cerialn-Easement' for &~t ·and oo!lAway purposes, from. 'The J30ard Qf TntSt~ of rne Ulai'ld Stanford J,uni't}f tlm'Yt:l'6ity tQ theCl Il' of Palo' AltQ. recol'ded June 7. 2002. llnder b(l¢Ujnen.l N~. 163041$.9; Offi!1ial ~e,c.o.rds of Bania Clara C-()uoty,;. nld point being &11IiP \hI> Jlortli~ferly faaninus of that cerlaic Acad~mic Qrowth B,oundary' Jine. described. 88 Area '-B:'" HO\l~lfl'& Site ;aonndDO' in the Second AmOll<lmelit tp p¢~lQp.ment t\greement between' City. of"P.alo' Alto and The BOArd of1'ru:&t:ees of Ih'~ LeJ,and S t.3Jl ford JuniOF Un;"eoo.ty. ~rVed,necember 23. 2003. under D,OCJJroent 'No. 17544B58. 00i'c1-aJ. Records-of Baid CQun.~ Thence ,losving, '~aid .aoutheas:terly-'liue of SruuI HIU .Road and along said Academic Growth Boo e dary, tine" th'e',(ollpwing teO (1 0) cotirses.~ f) South 09,°03'1:59," East. 12S0 '&el1 2) South 04°0S~O~""Ea'St, 2-8·.IJ1··f~ 3) SQ"4tJl··00tt53"'30'''Wen. 32.1 j f~t; 4), SqQlh ()5~~44" Eaat,·S4.-&'4·feet; .5) N'0rtb'86"01 '41';· Bast, 98,98:feet; ti) NOrth 89°30"34"'I3.ast. 8.0 .. 0.tYfeet~ 1) Sout.h 02°~J'6' 42··W~. 262.32 feet; &) 'SQJlth 19°51'.$6" East,.7G()'.OOfeet:; , 9-) South 40°4-7'55" EIl,st. 401.9Meet; 10) :SoulJr 3'1 °56' 1-'7" Ba.st, 3'3.41D 'feet; Thence Ie'aVlh.8 ,~aid Academic Growth B.OUlld!lfY. line and' aliiin~ the ten'~' ~~t1y Hne 'of Fremont'RG"', S6uth 'lS,o~~S9" West., 21'204 feet lb the TlliPE W)INT QF B~N.ING of tl'tfs.deseripfion;. TIlence. leaving-~d ,p-oi'ot and condnuing along .said genera'll eastetl>, line of Fremont Roid, .the following 116\>6)\ (7:) courses: n ,80001,40°45'55" West:; 1181.6H~': ,$) South fi]°1?'4'5" West, 199,01 ffl~,t~ 3) 'South 14°57'1(i"'West, 179.j9'fetl; 4) Souffll4:°12'32"'We.&t. M7.09 fet}t; 5) South 14D3!S'4S", West, 2J4.0p feet: i ,I I ! I I I 1 ! &) Souch 14"32'4Y'West,II9..45'feet; ~gal ,1)O$cription ARJl;A '8 HOUSIN,G BARcBL 3 P{lge 2. of"2 7) 'South 14"35"ilO" W~t\~8 feet I~Qre or I~s 16 !be general northerly lfne of-iUJiipero' Serra Bou:levard~ Thence;along said ,g~ner81 nQrlherly line of Junip,o~ Sen'll &ouievB!d. eiI$r1y. 711f~ t:Oj)~e ifr less; , Tnence I¢lving sa,l'd g~nernl nortllorly line Qf Juuipero Serra .Bo.lllevai'd.,theloU9'wtn'g ~level1' (:,( 1) .courses:, 1) No!'i1l 04~l' 52l ' 'West" (-60.67 Jee,f; 2J North 01 °50'47"~'t,,201.73'feet; 3) North 24:03~o'54" West, I L9.14 l'eet; 4) North '(W!W'gJ" West, tni.1Of~t; 5) North 1~ol~"20" B1Ii{t, 8!t~3 ~eet~ 6} North 0'6~28)~6' W~st! tSO.71 feef.; 7} N@rth 16"'20'47" West, 103.04 feet; ',~ N\:'ll'th ~Bo13(44" West. 77'.56 fee~, ~} N'~r:th ,17°51' 1 '7JO, West; ,6(;'.31 ,f¢e~ 10) N.orth ~~4"<l3" West;, lS3..3~ teet; tl}Norrn 19'O57'-5911' West, 94\41 feet to the TRUE POINT OF BEGINNING of flli.s d!}sc.t'iptiQn. n.1~ d~rlpfiQn was p('~pared by me Qi' uader 'my direct, supervision. ,BKF Eugfueers JJ.~.a...... ;lohn &oro~an:. Pi::N0'. '8'8'83 ,~i~8~exp'ltis 12,,3J -~13 :-/AN', 2~~'I~ .. 'Dnled -r. ' L~g,end ~d&rlilo GI'OY;th BO\l,i)dafY Rev~d Spadal Condition' Al.e!J e. DavelopmElnf pre,c)uded until Df!celJ\b$f" 3-1 , ~a2t!, 'e~t recreation II1Id academlo nelds 8f}d 8880,clated suppOrt USIIS, H9usih~ eJiOwed ull shoWn. F_8CU Itt'/StafflStudsn I ftciu81;r~ al[oW(id under' amel'lded .agreem S)l\. Golf Course ,_ t ,I EXHIBITB TO' THIRD AMENDMENT TO 1997 SAND HILL ROAD DEVELOPMENT AGREEMENT 120308jb 0130941 Revision to Sand Hili Road Deveropment Agreement Special CondltJon Area B Amended EX,fiIbit H--3 . Re'v,ise'd' Area B ,BoundarY ,and~ P to· iRe fro,m Area,,·.' EXHIBITC TO THIRD AMENDMENT TO 1997 SAND HILL ROAD DEVELOPMENT AGREEMENT 120308 jb 0130941 This document is recorded for the benefit of the City of Palo Alto and is entitled to be recorded free of charge in accordance with Section 6103 of the Government Code. After Recordation, mail to: Office of the City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 SIXTH AMENDMENT TO LEASE This Sixth Amendment to Lease (the "Amendment") is made and entered into as of _____ " 2012 by and between the BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California ("Lessor"), and the CITY OF PALO ALTO, a California municipal corporation ("Lessee") in the following factual context: A. Lessor and Lessee are the parties to that certain lease dated as of June 10. 1915, as amended by five previous amendments, dated June 29,1971, February 26,1973, March 31,1981, July 31,1981 and January 18,2000 respectively (as amended, the "Lease"), pursuant to which Lessee leases from Lessor that certain real property more particularly described in the Lease (the "Premises"). Capitalized terms used in this Amendment without definition shall have the meanings set forth in the Lease. B. Lessor and Lessee now desire to, among other things, further amend the Lease to correct the legal description of the Premises, extend the term of the Lease, and modify the rent provisions with respect to a portion of the Premises. NOW THEREFORE, the parties hereby agree to amend the Lease as follows: 1. Modification of Legal Description of Premises. The parties acknowledge that the legal description of the Premises as set forth in the Lease is inaccurate in certain respects. Specifically, the Lease, as amended on January 18, 2000, depicts those portions of the Premises that constitute the "Park" and those portions of the Premises that constitute the "Depot." However, there is a conflict in the exhibits to the Lease in that a small strip of land is depicted as part of the "Park" on Exhibit H-2 to the Lease (as that exhibit was amended on January 18, 2000), but this small strip of land is not included as part of the "Park" in the legal description of the Premises (as that description was amended on January 18, 2000). The parties desire to correct this discrepancy in accordance with their prior intention to include this small strip of land as part of the "Park." To that end, the correct description of the Premises, which hereby amends all prior legal descriptions, plats and other maps, consists of the following: (a) the Premises, as more particularly described on the attached Exhibit 1; (b) that portion of the Premises more particularly 120308jb 0130941 described on the attached Exhibit 2 (the "Park Parcel"); and (c) that portion of the Premises more particularly described on the attached Exhibit 3 (the "Depot Parcel"). 2. Extension of Lease Term. The term of the Lease as to the Park Parcel only is hereby extended to June 30, 2042. Such extension shall not apply to the Depot Parcel. The term of the Lease as to the Depot Parcel only shall expire on June 30. 2033, unless Lessee terminates the Lease as to the Depot Parcel as provided in Section 2 of the Fifth Amendment to Lease dated as of January 18,2000. 3. Depot Rent. The agreements stated in this paragraph shall apply notwithstanding the terms and conditions of Section II of the Fourth Amendment to Lease dated as of July 31, 1981 (the "Fourth Amendment"). Lessor and Lessee hereby agree that the rent for the Depot Parcel to be paid on September 28, 2012 shall be in the amount of $160,000 (the "2012 Rent"). Lessor and Lessee further agree that, in the event Lessee elects not to exercise its option to terminate the Lease as to the Depot Parcel as of February 26, 2013, the rent for the Depot Parcel to be paid on September 28, 2013 shall be based on the 2012 Rent, as adjusted based on the increase, if any, between the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics (San Francisco, Oakland, San Jose Area, All Urban Consumers, All Items) ("CPI") in effect as of September 2012 and the CPI in effect as of September 2013 (the "2013 Rent"). Lessor and Lessee further agree that, in the event Lessee elects not to exercise its option to terminate the Lease as to the Depot Parcel as of February 26, 2013, the rent adjustment next due pursuant to the Fourth Amendment for the lease year commencing on July 1, 2014 and ending June 30, 2015 shall be made in accordance with the Fourth Amendment, and the 2012 Rent and 2013 Rent shall not be the basis for such adjustment. Lessor and Lessee further agree that, in the event Lessee elects to exercise its option to tenninate the Lease as of February 26, 2013, the 2013 Rent shall be pro-rated through February 26, 2013, but Lessee will not be obligated to pay any portion of the pro-rated 2013 Rent to Lessor, provided that the sublessee of the Depot Parcel pays the full amount of the 2013 Rent directly to Lessor. 4. Grant of Easement. Lessor and Lessee are the parties to that certain Grant of Reservoir Easements dated as of January 20,2009 and recorded January 29,2009 as Document No. 20114059 in the Official Records of Santa Clara County, California (the "Reservoir Easement"), pursuant to which Lessor granted to Lessee certain easements in connection with Lessee's development of a reservoir underneath a portion of the Park Parcel. In addition to the easements granted pursuant to the Reservoir Easement, Lessee has identified the need for an additional access easement across the Depot Parcel (the "Access Easement") that was not included in the Reservoir Easement. Lessee has indicated that it will require this Access Easement once the Lease expires as to the Depot Parcel, or if the Lease is terminated as to the Depot Parcel before that time. Lessor and Lessee hereby agree that they will execute the Access Easement, substantially in the fonn of the attached Exhibit 4, prior to the expiration or termination of the Lease as to the Depot Parcel, whichever occurs first. 5. Effect of Amendment. As modified by this Amendment, the Lease shall remain in full force and effect. 6. Counterparts. This Amendment may be executed in counterparts, each of which shall be an original, and all of which together shall constitute one original of the Lease. 120308jb 0130941 IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease as of the date first above written. LESSOR: THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY By: ____________ _ Its: ______________ _ 120308 jb 0130941 LESSEE: CITY OF PALO ALTO, a municipal corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Manager ACKNOWLEDGMENT State of California County of ________ _ On before me, (insert here name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing para'graph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above 120308 jb 0130939 !~.' :,B>k-'-.-., ~1i6\I/IU.l' Su.~f)'.oJl~/PtAIIIltt$ Park J!1t«1_~ 'EmmiT 1 141i1-D~rlp(ion March $-tOll BKF No. 201 ;6005 Pllge t,Mi ,Re-a.l pro,pluly -In .. the, Ow of' .PalQ' AIII5.< CoU'Oly of $Mta <;Iarn, SUUe of'Califomia., d,escribed -as foltow5: Seinga pot/.tQlJof'lho landt of "Che-J~()'cI1:d ofTru~tees of Qi~ ~,.tlli SI\Ultor'(1. Junior Vnl-verslly~ 5'ody, hll.vjl)~.eolj>.o'j'ale powers. li-ru!ieJ !he biw.-s o~ the Sta:~· o~ catifo)'lilllr des¢6b~ oas ft>tTow&:' :aelhg ·also 11 potrien of the I'llilds_ ~d.bed, as Bt .Camilli;> 'Pnl:k~ ill 'that certain 'R~olqtiG9 pas'~ -gud ad~p~d by the Cit\yCouMll of'the C((~ orPa(o~,A:lto on' February 26-, I ~7j: by R,esojrit;lon No . . 4109', re~(:)rded. 'February· 28, 1~13' to 'Book 257 '~~ PlI.ge 281; Oftlciai .Recoids.· of -S-.nln ·Clara 'C(),unty-:L1I1a l.h~ lIDi~ descl'ih~' I'~ ~bat ocutat!'t. :1)\~Jo(s O.eed (QutlClahtJ)~_ fi'om StaJe_ .of ~\i(Q'fni.a, 'Lo 'Fhe: }ibll,rd· or'l'ru.~~8o(·fbe.L.elarid StltO(otd Juni'QrUnivel'Si(y., ~_~March -~9, l,0f)4 as. 'Doc'Qmellt No. t %8:.6,57'1, OffkiaJ; Recprds of .said' CQu:n~y-, more panlcularl'y d'escfibed -as follows: - :iW:GINN'-IN.G at the· rtto,st' ~~.sterly (:or.qet of the PnJ() Alto :Stati.on Gt'J)urtd,s-. a.s wa~ Sl~(ion 'GfGuuds"s·'Ciesnribed ~n'n\at ~~_Bii1 Easem.ent from Leland ~lanf~~ ro' Sp.lI~em :pactm~ R.aliroad CQmpan:x, ~a:ted !November n. 1892-and ~!frded October 28. t915' in Vdlum.e 435' of Deeds lit :P~ge-'244-. R~rds of.S~t& CI..-a COU~J)tYi said comer Ming -also the moSl i:lor(h'er\y: ~Qmer-of ,the ~Jld$ dellCribed asP1,U"~el No.. 2 10', thaI ,eenain: Sob1etlSe, between City (jf-PalO -Allo; a mu..ilje\pa~ PdJ:pQy~ti-(jfI of tbe SUlt~ 'Pf. Catlfomi.a .and' .SouJhei1l ,PaeiJic ~'1~o4(l. ~~rnp.an~,l1 WWott1QfL, _~ri1,ed Oofobet~ J~t .19.39"111 Bqq'k:9M. ~t -p~~ S80,.-Omcia': ~~Qrds· o.f S$ta ClaUl:CQllnty~ "mlen:ee leaving ~d.' '~91et and a1Qrtg' tir~ g~iJ'er.a1 SO\1,lbw.est~1y nne of sgid Parcel'No. ~ (951 -a.It ~$Q), :th~ fQnowing twa (2) -COUI'~ ~d dill~n~~: 1.) Souih t~1~'2S'tTiailJ, 14~.13 ~t'i '2') Sooth 5:064G'3Q!~ EllsI, f3'6;47 feet-ta tlTe ,~.ost nottherly comeH)fthal,certai.'n paroel ·on~cl, d~iti.ed in that certain Assigom.ent 'And ,As8!1mptiQn Qr-·SubleaBe,. bef~n, the Cityc,f Pal~_ Allo'and. Th~ Hoard .ofT~ of the Leland 'Stanford llinfor University, ~corded .,Fel)JjUary 2-6'. ·~QOO·'8S' Dacgmen:l No, l..5l~2'4. Offieful R~Qrd~,of S~«t Clara Q5,umy;; Tbenc!%: leav-ing: -sai\;I GQtb~ 1l!'I¢. 'aJ6l1,g :ttl.,e-·n.Qnhw~terly., tlllc!. ~th.we!i~r.ly!\nes of $ai..c;l '.SlIblea:s~ t~, 1516;3'~4",lh~ .'folloWinrtWo:.(2-) .COUF'!.'e1I an'~ (ljst~; t~, South 19~11J'3tf West, lW,tlOifeetj 2), SbJlUl $0-9-40;~.O" ~. '2Q{);'OO fe.et 'to, -Ut!; D~'i,f.eSfurlY Hne Q[ -that cm~in plU'C~l of l.!md' ·desCribed ,II)' {hat c:e.tQlUI Ass'ig-nti\e)'lfanq As.sqmprion of_Sttbl~e. ~~een th~ CilS" of Pillo AIlo.-and T,l~ S6,ard ()f'Tf1lSl~ oft~ ~I~d IStJJJfoJd J,uffltiJ.:·Universlty~, ~orded February, 2$.:2ffOO' as D~ll~enl -No. "],S.163'82~, 'OftlcllilRe;co$ ohaitfCOIllltyi to:errc;'~' ,gloog StJid northwes{er~y' .iibe and, thE!' 8®QwlesterLy }_l!n~ of sal~ Subr~e (:000. ,1.s1.6;3~B22-) IO~ foIlQwjngtw~(2-) c'('juo;~ aod·l;li6tan6'e~~ - 1), SOI1\h J9n llng" We~L 1.';,00 Teel; Legal D~C;Jiptien EXHIBiT '1 -PARK & DEPOT PARCELS Page 2 ofi 2')' Soli111 50'040']O·"'B1..q, :129.02 reef.tO D, f)Obll on the MnhweJ\tel'ly fi:ne or Univet'illt.y ~ \',emte; stlid poi'llt PCill'g l,l1~ the ix;ginllillg of a· non-tangen.1 o,UTV.e; concn~e} 10 tile Si)ltlh,~~st" halt'j,3g 1\ Ra:cliu!I of ~6.flQ feet. (rojf\ th,e cenler of ~d cur\'l! a I1:Idilll III,!! ,bears North 81OS8'Or We!!k. 'fhel~e nlcln',§, sl{l'd oorfh\\le.~lerLY' dint of Uni~er.\\ty' Av.eOllo. rhe fp'lIowiJlg lWO (1) cotfl'l¢& .anp I:fisrllnce": I,) ·SOIi.lh\\'ester!~. ~lQ"g sWd cjli've. IhrO\fgb a ctJ\tl'1li ,!\r'lgle of 05'jS4"25'~, rOt aO'lIre Length of 7,01 fe_ell'o Ih~. beginning of a re·ve~ cur·ve, .cQneJl>/t'·t.o th.e northwest. h~vin8 a Radius-bf 33-.40' feet). from the-center o[.suid. cur,lIe, a t'll.dial Jim; b:etir:s' Sou!):l (f7"52.'-32·· Eal)'1: '2) 'Southwes.lerly. al~mll. ,!\aidc\Jm~, throu·gh fl ~ill(ltl Angle:o! 78(,211 "11 ", for. 'IIlllU,,·.Lengih qf 4~,!5B ~t 10 lite nOl1h(!llst~l.>: line of Ei CfuniIW Rea'I, -bcto8 I\.lsO Slale Htgli'W8¥ S-2-.; Thefl~ ttJ6lJg. ~llid l1or-tbe_lI,.~ter\y H[1e of Er Cnmmo IRca! .. ,Ule-following: eigN eS') C-OUJ:8e.~ aT(d dis1&nces: -, l) NQnh 5o<'ll'43"WeI\l, !i66. IJ feel: , '2)-N()~h 41°urSI" 'rie$(, 80.4~ feet ro the begInning qf 'i l1on·tnngerjt BUn'!; _COllea\'e lCf ~e 'Sou-lh-W'flSt. na"ing a IUdi u~ of I n3 ,~O fee\" (l'om lile. ccll~r,df sQ'id ,C'(.Ifve '~ Ji\d1.allfn~ ,btwt> Nor.th.48"'17"29,'! East; 3') Norihwcsttrly. along said curve, lh ruugb a ,cen I!1f!:_! Angle Qf O~ "24 ·00", for iln aoc Lengf\l' of 1!}.5A?'!eel\ . .. 4) .Nodh 50"06'31 \. "",'ISSI, t 71 .20·f~l; 5} ~orth·44~·S.7'·:'W' WC~I, 898,7~'·(t.e1.: 6-) Nm:lh 4{)"14'44'\'West, I 'j \',00 feet to Ihe bCglJ\tllng o( a ·Iangenl.curve to the righi, .having a Ra.d;u~,of f.02.00.fee~ 7) No~hwesfer1)', along :;{lid cur.ve.-'iomugh a C!'\itr.aJ Ao.g!e of 16"T-9LW', 'for 'un ·arc Length of ~9,06 &t !(;) f.~C b~ginn ingdf R C:Ql\"lpo~nd C)\m!Ci, concave-10-·lbe'iou(h~81. hlIving a. R!4dil\~ of non feet,. &om II,e oenter·-of·said' CUfven f~cHlIlllne'bt!<lf'll Sou\]l66°W-i.46" Wes\; 81 NC>r.lhe<!Sterly.nJong.·said curve. through· a central Angle of 9000',S· 53", for -M arc Length of ",&.:..~S-feel 10 11 Pf.ll'{lL on. I,he lioutberly lroo of Palo: Alto Avenue., said-sou1oer.l:Y line .. j's described 'irr dlat c;edain ,~cepljOlX lWee] fqr :<.aid RI .Ca~i.l1Q, Pllrk',per R-'<."X.Gluiion No.. 4709 (2j 7 'O,~, 28 n. '$lIid 'I?o.rti~ being aho tile 'beginnlng of. {I eompoumi cu l"Ve.-cOlic1tVe to Ott swtn,gllSt,· Oaving. tl R~dil,l6 of. r82.00 feet, 'nomthe ~J)ler of ~io. cutVc.l~ rndinl lint,'! be,a.rs -N-6rth 23·"l1.6~.2:1" We~t. slI1'd p.oi1~t beJh~ alSQ he~.after referred \(1 !IS 'P'oh)'t I~"; 'Thence ulong ~ai'd-.~uth6rrY line of' Putt>· Alto -A veti(le, lhe (orrowing 'three (3) t:earl!$ and; di!ltlll'lc~:: 1), "Ensterly a!ong ~and eUJ"\'e. through <t cellt~1 An&le .. of !,6°34'46·~. f(ire aJla~ Le.ngtj1 (if 52,Ifl:6 .feet;-. " , 2) .Nimh 8~o4g.'1S" ijac;t,6A \ ~ fe:et; ~) North 8'-5"4 t 'g~' '~~ 1,.54:4S f~, m Ithe f;$l\lil1\ .... 'e~erly \loe,of lh.~ Southern Pooific IfallfQad Comp.any right of yto:~! Legal'Descriptioo' EXHIBIT T ~PARJ<&J)~ OT PARcELS Page 3ni7 ~h~nee >:tlttng>~tljcl,SQutllwe~t~1"~yJilleoTSOll~~ern R~mcRflnto~d' Com,panr ri'ght,,,,fWA:y., Soulh 5,(i94Q'3,O!' East,. 514';Q4t~et'totbe 'mQS1'wc,stc~dy,;cOl~n~n<lf tbelandsdescf,ib~ S,l~'PAl'¢'t}il~0~ lin th'at~~rtaln Sub lens~?e:t~ve'elltityo~Valo, j;\ltQ •. ~::.l~~\~id~al<r(jr~qt~ti~J)"ol:,tJje ,gtnt6,iQfCWlfol1ntu' '(;,ln4:~og!thern Pa~iflq>Rai:lt?il(1 GUUlpa~);~ .~c9tpQrf:\tf¢I\, ttl'QQ"d~~l OQtQber 3{)~ ] 9£19 in IilQ~k9~1 at;Rag~ :5$Q, QfficialR.cc()t'e~9f Mlid! County:; '<1~heI1ee feoving ~8id c:omer ~ndatotlg the,sQuthwestetl,yllfltfO{ ,said RUfceJ N~;l{9~tO.R.580)t S~{Hh 45°S4'41" East~601i;O~f(tet to'thenorthwesterJyfhlenfthe flln:ds4'¢~'¢fiJjm~$ POrcellA j:ll thijJ~crlail1 QuholabJ')'J)eedfr0fl1~outtlel11;pacifie, l'rM~PQf(~ti~~'Onlpat1~'taDe\awate ~QrPQlaliQI110 . r~e BQatdof~Jil~toeKi'Qf the Leiand S~anford Junior !Jniveir$Hy~ recorded Augu$.{ 1; 1~8:1 in l3'QQk 0263 lttfklgt!iZ9,t\~,Q.fficinl ~ecQrds of aid CounlY~ 'thence 0101'18 said nOI1hwester'l~nne-Qfsaid Parcell:,A (G26.30.lt. 298),S'ouIhJ~(ft9j30'?'W~st, (jO,OO feel to lh.e point of BEGfNNfNG" J?aik Parcell 1$:eafl)'rope,rty jintheChyofPtllo Al1o~ County of Sanla CllltllkS't.ate ~)f California. dtJ;¢tfboo' ·t~ fm.JJ(l~s'. Behlg aportitmof'the lat1d~ of n,e BO~di.of 1'ttlSt¢t,~ Qf fh~t~:Ia),\(JSnmfotd'uniQr :UniversUy, a ;body hn viog corp.or~le PQwer$ under the tllw~ oObe S't:at~ o.fCalifQrnia)~descrihedas' f'QUow$~ ,l;ieJ,~8aJ~othe' tands,de$e~~(f a,s<p,areelNo. I itlthat;iCel1a11l :~llbJeaSe 'belWe¢q~it~ pf ~~lp: Pdt~~ :~1l1~»i~jp~t ~91)J~r:~ti()n~f. the', ,StaJ~ ~f ~H~o.l't1i;lrmd ... S,t)ttt~em,l1at;ifi~,\'Rl!iltQ~~j ~(i,rnp.IJf:l)hai ~qmrQtatjon~recQrq~ ,~CfoQ~~$~JH}3'~~i .,B'ook ~;$'l· :a;t '~i).&~'5i$(), Q("ifi'at ;S;~O[ds'Qf,Sanla (;;Jal"a, Count:y:, ,m()l"epm:tl~uJart)f. (i~crib,~di'!i f()H()W~f Tben!:¢;\¢aYing; ~md ¢QtJ)",r auo along the ~®th:~(J$f&rlf'lltli~ of s~id Laud~f NQrlb 390 19'30~IEa5tt ,5£M),(}t~et to a.. poih1on the, 'i~Quthwesterly tl'n~; ;o.f SOittlJ~triPacific 'Bj{ihiQad~o'l}l,panyrigbf0f \~Nty •. srudwllll..being al~o\tle; most ea~terl)' ~Qrn.erQj:$ailIPil:r~~l No.1; 'rb~l1ce;.l~ytrtg:$aicl comer andalQi)g ;said .:s()ud}:.w'~terlr 'line 0fSOil(h~m ,Fa.qif'i~Rl1j}r9ad taQ1l111al'J~' irigl1t o'f:Wi\¥~.Nptth 5Qt140' 3 O~>'Wen~ 6J:ID/0'~;f~~r tt}theq~Q,st;.'we.~t.~d}1. .cQro,~l'Qf'sajd ,P~tQ¢lWo, 1; Tbepte, J~{i~ifi$'$~id . C()m~r .attailll90g thl} south~e\$(~lyline! of sl11(tPareet .No. 1·(9~J ·Oi}'{.$8Q}~ SQU~fu. 45'°54'4~" J!a.~ti. o04ij()&::teet'~o,(he' poitltofB:EG11'QN'ING. ParJt P~ltccl~ L~gal[)e'$etj,jltiQJJ E'XHtB1T ,I """:PA.RK .& fJEP'Q1' PARCBhS P;Ige 4 of? Real prap~Ji~ ill IheCiry ofFplo Alrl}~, 'C'ollnt,>'·qf$i~ln~l Clorn. SO\IC of Cat i fOllJfa,.des(Wil1e"q ,;!~ f91Ipw.:. . 13.~fl~ga porti,on Ci>fiJheJ~uclsofThe: fJ:Q~rd. Qf"~Jl,J,st~e,~ oftl1e .lJJ,.hlna~ ~t8nford'TUliiQl' 'Ul1ive rsi.t)' \ a lKld~ ihA"'in~; ~Qrp:o\"at~ fJdwe[S [lOde r tfr~ laws. of the State of Cal i QMith desc ri1;t~ .j)'$; 'il;)J I OW$; Bcing ~d$lllt,P9~fQl~,\:if Ihlt14~¢S tJ~tj~iW' .})'!:f, ~I, ·~q~TIt~l~~~l'k\ in,tna( c¢1"t~d~ Re:;;~J:tl1j~l)i~flS$~d and udopl~4 ;byth~;Cit;¥.'Councj,J (;jflheC,,.ty ·(If Palnf\ltt(r()n;~'bruot1 26. 1973 QY :Re~qlMtlQb.~Q.I: 41(}~.,; r:ecord~~Jf~~nl'ar:,y 28, 1973 in :6ook 25i 1l.t.Pttg~ 2,~J"., Offidal RecorQ$Qf $'fJ;J1ta Oa(R ~ou;nt.Y\ moreopatti¢platly descTiJ,jed ~'if~UQWS: Thence lellv11~g~tlfdp0fnto.n-d atong tile nOr1heasteNyUne:'QfEl Cantjno R:~al\b~ll&a.l$9S1al~ tlighwaX,82, Nort113tYQO,9J0rf West., 85.S.3 feel to Jhel'lUJI<1.PQINT O.F B11Z~;~N~l:NGQf this l:f~'s~ti1itinn; 'fier\c:e'J~~¥ing:$'ai~' pCllnt~)fld, alQll~ s,uid· ilQrtheosterly Hne,Qr:E'l'C~nl~n:Q '~eal" ;tJ~¢ fOUQ,Wing two ,'~) cout efu nlld~·ctlstt)l;lc~~: - I ,"lSlprtl) 50~ 19· +1'" w¢,~t\ l2,.1.49,"ifeet~ 2~' M~tlft.48°30.:02:~\};,t~g:t\ 69.11 teet t~.i'th¢ C1$ntef'{hl(; ,of San Fmncisql1ilQ Creek; ~l~ncealen.g: 'sat(f," ce~1ter l:lJ'le Qf S:anFral\~isqldto C~el~f,fba falluwlng .. tWO! r2,lcolirses: and' fJ~~~n)lceSC ' .', ., h $~u(h~84r'55'3b" Ect~t, 164.52 fetm 2/) {\{ttltfn '6lJQaz~3q~' :~stli tt .. ~'~ fe¢[ l()~h;e ;$.Qll,tllw~:stt}tl): "tnc '&fS'Qntbem ~~cirrca:ttn#oa~ QQIll.p'an,Yrighi'of w 3Y' '{~li~n!:1eafot't~)~Ji:i:d southwi.lSjJefl~, ti"ne of SotrthetfJ,Pucific Railroad COmpafiiy iight Of ~flr .. t!'le, ~9,tlI!}Wim'K]w{j ,(2:rC{nH·se.~.,i1nQ djsttaoccs: .' lJ: $'~utn,~Gfl33);4tli';Eijsli 7,.9) fc¢u ~f) $Qutll 5Gv4{j'!::llU'~: EaSl.l~6.l3 f~up:tb~ cllQrtherl~' Itheqf !f?alo·,Ail)(l AV.teh'U:e.~isajd northerly line (s:aesc'iji~ fh"tbJtt cerfili'll' ¢X'cep~iol1pa~l~:for ;~aidE~C:.~mj,no park· ;p~w B.~olutiE)rl N:o;.4q;QJt '~'5Z D.lt. 281 )i ' Thence along $;aid oodhetf~ linJ;' uti .}lc(Ie,AItAA;Y¢tlll¢., tbe: tQH,aWitlgn,'{!';:!'(21 ~p~)rse.s .and i;tis'anc~~; 11 $()tnlf8~~.r'34"We!;r, 19,~i22.reet to the begiJlnin& Qf'1tfa:t~g6fitC.ut\{C:1D1he ligOl; having ~ RatWos bf'J8,;2\OG fe~r; , 1) W~sterl y. (~l~I1g suitJ ~1:IrY~~i tnrough a. c'entl'al ~~1~leQf07Q50lZ2:'\ .lor ,1t,)li' arc ,L.etlg~hof ;2",27 fcct f~rtlle TRUE POINt OF BEGINNlNG,,·Q(.,thi:$ tlescri.P.~i'Oll. . Col1ftliningian area of C:h(}9) acres:, 'inore<ot tes~'. S(titJg<1Us~Agsessor' s Par¢~tN(ifilfx:t120-3j:~fJ~H J)~r,rtdll Y eat ':2~rt l"~(n:t Legal'Descript1t1t1 Exfili3'lT J: ~,f.'ARK .~.,. DEPO'T p t\~;r;£tLs Pag¢ 5'0(7 I)£Qof.'))ar£~] ~ R~' I PfQP~J~;Y{H tn(!"(;XtyefP~dG Altol CQ1lnty 9r8:nnt~ Clnro Slate of Culitomjatd:~sc.rjfpea~s foIlO\y~: ? ;R -g 0 port rOfiflfd~ff Itttids ot~rhe i~oafd nIT ~ rf~.~ ,o~'lheLelatid ';8mn.f(~rd .Jl,! rrtQrl1nlver~i I y. £\ ,body havil)~ cQrp{jr.at~l?liW . ur cler Ih 'laW$of th~ Slnt~ of Califantla. desC:ftb~; a,~ tollow~: l$eirlg,:tlIsotlle luncl!\ de·stmibeq as Parcel lA 'In. thilt cerfiijiI1QuifolaJroD¢¢(J. from Southern Pae,iifl~ Transpottill1oI). COllipail'Y, ~J)ehlwar~corjl?:r.&ffon.UJ Tbe .·l:lfiJ.~ ()f lh,.,ree. of t,~~L&I:~i)tl Slanfo~ljU~iol':tl~jv~rsiIY~ .re~Oniea AU~".51j •. J98tl.in~ti?ktJ;26~.·a.tJla~e . ~9,~.9fl1c·i~1 >~~¢orn~ of arnrtC:I~~~.C~ruy >ltlldtn~h'll1ij~ :tJe~t;~il;lecta~?c1t9f3l~,Q,2 intha~ ~tt:~in. S1Jl11alls.e b~IW~J1 Cjty-of'Wf!to' AI~<'l;a mlm'ioi,pttJ ¢oll'-Qt~d(mpf the· Sr6lf! ~fCafi(omia ~O)d SQutlternp6clfi:c RailroadC'Ql'11)iU\I1)!, ai ,'qt;porati9P:~ rec~rd¢QQ~d~r30:, ] ~$' li\.Book: 951 at 'Pag~ 58.0,; Offici~J ,R~cordS qf s'oid Coohty.mbte pnrtltllf.Arly (J,~~-J:!ihl}das: fQ1Jo,w~'! Be~inn'in8 a(i! pol'Olo" ·it~let.s~ottQllbet\\t~e.'l tbe ¢~nt:et:(in~ .Qf ll~h/el'sity . ~venpeilP~ th~ s~ulhw~~d6dly Hn~,Qf;the P:~lo' J\lt.Q·.$ta(iQrt;Gr~l!t)tt$.; «~~!,\ldStaJiQt1· GtQtJticJs it{ d~$ytibed' ill that ~r~jJJ etl$~Ol~nt.ftQm··:J..eJan6S1al1fQl'{;I, lo$0l1then)P'4~lfi'C' JlA,itoad Compan;y.dtUedi~,Qi'lembet .2:11892 alto rre~Qi'ded Dclo~rz:g, l~iI';!). in Volume4J'S. qr,D~d$" al Page, :144. '~e¢()t4'S of Santa ~lIJrCl County; llt~~l'H;ie,.t.li!a~ng sn~'p t)~tt11 i£tilQ.ulon ~aid :-io,q:tbw~$t rJy 11ne of &~td RalD 14lro Sla(i~f\ ~roJlI16s, :No:it.hf··.5·0,14J'Or3Q"W:~$t.. 1 J:·~I.QS feet to a 'PQh1t9\1 ln~uor,({J\ye~~~tly 'line o1'SnW .. t1;p'iv8(sity; f:\. venue, $-Aid POlllt h(!ing 'alrm the ooglnlllng,Qf£lJ).on-fangent iI$Jli\fe'):~~O(faN'~"fQ~h~ :sat((h as(~ :~ul¥jns a R.nulUs of 300.00 feet, frQllllhc cefH~r'l1f &:uidcul c tA>ta~;i.lAnjne 1?~fl.t.:RNqrt1!J{2go45·3J~· West, ~aid pOint being iilso IhcTRt.ra.IOJN;rOF BEGI'N'TS1NGor ,tijis,de:sct1p.t~tyJ;l: [he.nGe ,J~a ,/j og said PQinta:Qdal!Jll;¥tbf.lgenetal'nQ.rtlJvlestcrl~/H:ne J:)fs~lnUi1i\fersh,~ A~,enne.the ft1lfo,,~~,Jhg twa (2) cours~!u'nd d'iSll),oces: :3) :h1otth~st~tty\, ~lon3 SatdelJI1V~t. through, acent:raIAI1;Je ~r I t ~5'~~;5~?~f~raJ1 atcten gtb Q[ 62:4 7 {~t't~<' (b~ bcgitl:lthl~~r W non~tangeot~tJf'¥c)¢oJlcavc lirl. r.neSQ,t!:tl),-,!,C~';l,hQY~ng: .~ Radius pf I ~9;P0 feel. ft9rrt. tli~'e."l1,t~r Qf said l?itr.V~~ r:~(j~atdine bear$N(:)l1tr L~pr8 '04" East;; 4) SOutheasledY;~'i.dong q:id'rfnr:ve. tbtPugb.: a~¢~nlral A.ngle:pI 1.0~5$~?\ rQl'Cl~l;~j'(; Lengal 'lJf )'6,05 fe.et (<:t a. PQiQl~ said point t1etng ot the tntenJ,e,ctj~nt;lfn li'nedtaWl! SQ,(lO reer )lprt.hwe~letly~ ':mgnlsai'(gl me8$Urell),enl. from said cetll~fli;n~ pfUpr.yel1iljAwet:fu:e; thellc~ fea'viog$lid, ,~i.J)( .. f}~d;PataUe.lWjJh';$~M ·,gel'm.ftl~~~Qft1qJ(Iv;.erstl? ~l£~'et,jll~~ hl:Otth 3:9°S9130" l&a$t~ '2.~4 feet to tIle; m~}~l ;eus!etly .ct;wner'~f:St1l(l Fa;f(!"el 1 A (02 ' . ().~R .. S9~)~ lh¢t'1c.~le~ving ~id( Ctntftf!f' and along \he; nm1~erl y 1t.)eorsa.iqp,afc:¢1 tA,i,~'()tthi:50'?~{Y3iO" W¢$t~~&41.19 feet fP tll~ m~~t nortl1erly\coq1~r;(}fs(lid Parcel I A (0261 D.R. Z98)~ ThenceJ~a.vft1g I1mo co.rm~taod alQng Jfu~:ttQnhw.es(et:1y lin~ of . aid Parcel lA: .. $'Quth'.J9}?Q,9,130n Wesll 1f.Lt)O r~t (0 tb¢.lnp~t: mniherly comer or saidi'p'U,l'cei No. 2 'Cf),~lQ,R,580)t ~Aid'¢Q(.net b~ill;g :a;J$;Q(he,1t:il()5t we~{erl.y comer of said Palo Alto Station Grounds (43:$E1~eJils 244.)~ , ' .. " , . .... ..' tegal'I)es~riptlMn Etrf~JHI1 1 -<·PARK '& i)EPf0.T. :pI\RCeLS l?~,ge.6,of7 Thci1p~ Jcovi n g , l(l~OrnerLHld al{Jng"the~~ltcr:ll .s(Juth\'\I'CSf¢tIY U,ll~ .of ~JJ2idl)~1rE:elN'o. 2.t951 0\1*. 580:)( the f(lI IOW,Jflg: rIve ($}~~lIr~,e5{)'l1q 'aj~tM';;~:S~ U i8(rlUti :l6C.1212g·'·~Ea~l,.14~;.13; feet :lJ 'Sou~h .• @o~~~o~a(J'" 'East 4:2()}9:~ Jt~~t to the. hegtnjlillg·of II tangen'loln've to lne l~ft{ h"ying:a Rn~illS'of 13.,{)4 '\lelt ~:). No~h~8t~~ly~.atQn~ ~j¢1Q(jfVe, thtOllgh ;l~e:nlrarAngleo1l 90000'OQ\'\ for an a't.cl.i;!I1s,th:,h~ 2 t ~$ f:~e;t t~ Jhe begjni1i:t~~of 0 reverse curv~~·{,'()nC(lvc: lo~he 50uche,ast.~~V.j;llg a: R4d,11;ls;af J ~.64 fee( •. 6[~tm:theQen,el"(jf -tiuld curve, H rgdinJ lhre,b:euTK Norfh SO,()40~'3t1~~· \Ye~lj . 4) Soulhea~lC'l~ij ,~lpJlg; s~itJ (:urv~, If}toU'!4Wa ;~bn.trall\ngJe Q,f 90 00" ()'~''. f'0( anatq Len-gtlui( .2.1 .43 feet~ $:) ;$9{jlh~ $(;)°4U·3(W~"h1~0.2~61 f~e~ taaj:)olnl, ~m said northwe!iterly line:t.lf s~Jtit lJnlversity, l\Yttmle. !itt l~ .. Pbitll~ei'll~ . aJs() .. tIle, .. oe~iJlilm~;()f '~ .. o Qn-tangcnt cUrve;, corrc.ave. t~;the' $W1tbeast iha\fi'lg n R,tdius of ~OO.OO fee~, frc;>,ll1! tll~'!?~Ater of ~ijfdcurve a tudial1in~;.b,:eaJ's: 'NrJl:1h;3:~,~i:4B'4t~" Wc.~t: ' ~b~ll~e north¢lt~tel'I~~lal1d; ;110118 ~afdnG~h~~SH~Fty n,nt?'of'~aip, tJQ1\'erS;!ts:' A¥enlt~,aIQtig su,(d ~,Ulv¢,tllIougha.;~~ll·t~Angle 0t. J;0643·1~t. fllr lltlar~ t.en,tthof~f),~:i4 feet :tn th~ tRW ~('j)liNT OF BJi!O;IN'NI1'S:~ of lhi. de;s'C.I'l,pti;oll. '"~PQt Parcelll' rt I propert")' tn. the CHyof' J?aloAlto,QoUllty .of Santa, etara~state()f C'ali rotlj'la" d:e$¢riped ,A~ f(;JU'Q\v;,s'~ :a~1118:~PQlt:11l~~~t~:e lil~nl~~ffhe];lcr~d;Q~ rttlst~:e$ ~f·tbe, 'Le'l~n4! iSfijJ'ifg:tdJ;tIOlprll ni V4t$i'tYt .3 ~Qdy ba\~ing}~.otptl1fJtecp;m;'ite~ Cln~[~r'thc l3;W$' ef;th,¢ Stal& QLca:nf{')".l'ia.dj~StlribJeli as: f oIlOx.vs,: ~eh)g :a,;I~~JQtl ;]~tid$·d~$cri·bedJ. aSP:~f:(;~:JIB irttb.~t,~g~~.p·~U:f~clalU1neej (£(9t11 !S~~lb.:tn ~~Ql:tI? ~FFll:~Sp?ffanon Company .at}cl~w;a,rB:~~q>omrlo", :lP,.~e .a~~tdQf T.ruM~~&~()f. :~~~.Leh"tJd S~~~t:Qf~Junj'o:Vf1iM~J",~it¥.,reQQ~(I~Alf~:~st 7. 1981 jl~~~gpk G~fi3.·af 'P-age 298,af,fi~i:afRe,~ntd~ '(JFS'an:taCla.t(,Ctu.1n(¥.JtlPll; ipardcuJ,arJx 'de.sc:t'i:bed as fi.1HQ\Vs; Begillning at .apdtrtt ;0£ liltetsect ion I)et,w~ttt~~ .~~·nle'lille 'Qr 'tJ.?jv~tift y Ayenue'an:n J~e souih;W~I~rt*,'lih~,of ,t~u~: ~~l~ }\1~~St~'rQ!lClf9~n~F~{4~ sait1'~f~tfcyn(3:Q'~Jllds. B d'. ribed J»'.t~at t ertnin Easemenlft(}fn Lelnnd$t~nfQrd ·to: 'Soulliem:~f.l<iin({Rnilrom.J,:~glt\~~.\~ \ daled ~oveirt~~r 23. 1892 and r~'~~"de.q: 9(,{'(()b~J,' 2.8* 11115 in, VQlume:43:; Qf ,m.~ds Ql·J;tflg~ ~2f,4,. ~~gQm~~f SJmla: Cla.ra COUnt); , th~nce lea\'ing sard~~ib,tilJJd along, ~,aUi;~9\.t~1l\V~terry fihe flf ~m4}[~lQ Alt0S.tB;f~;o~(.lrou}]d;sj 'South 50<;.40' 301 ' Ea~t.· 'lt~Jj8: feet .io l\:PPl11t Ql1' th,e soulheaslcrl y ltne of said. UniverSity Avenue. said pOlin being also Ih~rBWE POINTOFnSS:lNNING of this. ciescriplion; \ L~.guJ J)escriptiM E)'(.HlBIT I ~ P~'K 8? .P~POtPAR'CEJ;.S_ Page:1of? _Theru:e'-leaVing, said :point and, ... I~mg ,the, southwe,stedy line. efS'.lid P.arcel IE: (02& O)}t. M_8-)j said nnl!' being.-,all>o tile, D'ortheasterly HIla of POJtiI 2 of Lot 38, assh-own on tb.llt' eettatn: map entitled "SJ:ltvey of L{)~, 37 W\d 38, S1M1fotd t::111'lver-sity La_ttds.P-alQ Alto. QIlif6mhi",. d4!ted -AW1s~ 19~5. S,h~t> 2 'Qf 2, prepareQ oNUvJ;rence. C;, Bliat'l. ClvH Engi l1.~r1 s'Q\1lh-50.0-40'30" 'BasI. 1:61.50 ,feet '(0 the:mon SQulherly cQrner of-~id parcel I Bi ~Il~ I~vil\g Sl6d northeasterly 'Une' of Rarcel 2 Qf Lot ~8"NCJrtti 39°19'30" &S(, 7,(;,.00 (eeup the h\~LeIl$Jer.l.y 'com~r of s~tGi' Parcel I'B; theti¢:~ l~~n,g ~id ,cOOler Md .aicmg, t\1e .. ~iloJ'lll not'lheaSterly ljl'le of $llid parcel LR{G263 'O.1t '2,911). '-'be-'f(l'UOWiDg th[~ (3) C9,1iI'S6S' hil.Q Qlsfance.sr t) N.orth~o;00-46'·3J:)"We!iI' • .94~~~; 1) ,$'oUfu 39D WS'O'" West" 26:00 f~ -3) North. 50"40'30." Wes~, 95.74-f~l [0 a Rolnl' on said so~l)reast6{:ly Ilne of s!kid Uhi"mily AV'enue,said point be.lng i1Iso the beginl'!_mg, Of fl., rro!\.tal1$~t-curve. conCAve to the northwest;, ha~iJ(g a ~a,d.ilas of, 3-80;00' feet 'fmm ,ihe. center of said curVe-a l'1ldial ,line--beal'S Sooth ~1f'\S:~';lg" Easr. 'Tb.en~e sou.tb·we_'St_edy" ~Io.~g. s~jd curv~ .. t~(opgh ~ central Angle C1fogo42116".-.(OI·!ln, a(C Length. Qf57,73 fee( !Q.-the-mUB"PQIN,T OF BEGINNING oNtl i$d~Gtiptj'~rt, - C9ntal,olh8.an area of 0.157 ncre~\ more or-less. )]emg afso AsSessor's Pateel.Np:mber' I '20-3~·O t~'-eer Ron Year 20H .. W12, Park Par~Js.l. 2 &. 3~ and Depot p~, A & 8, 85 show·n on plat enUtled'-u,&oXlimIT 11' .. ttsche4, he'r~to and Ibl}dep part ber:eof. J{K}' Eilg,fn~t$ ~~A)~ Jelm ~ylltl,'P,L .. S. 0.11883, I.;i~ns~.e.xl?i~ 1~1.-20J.'3 #l'1#l.fYI ~ i ~~I'1;.. i -_ iF -- Dnted: III '--'-""''''_. IMt _ PARqeL_ ~ or ~t.01' .­APN. ,fllO-~_~, '~ OC( ~~---' ~: :~ .~ Z ' ALMA. STRE£r -tL ------CURVE _TABLE ',' 'II , CURVE RADIUS, 1 DEl. TA -I LENG7H1 CJ tJJJ.OO' ' OB'24:00"11 1~5.43' C10' , .300.00', 1" '55'52·,11 62.47" C'2 '3.6'" 90t)O'oo· . 2'.4,]' '3.84' 90-1lo'OO" -~ . ..,. crJ CT4 JOOAlO' ~'-tr4-J-'fB· 65.;l4'. LINE TABLE , J,UNf BcARlNG : LENGTH, t7 , S"6"2'~B·E '43 'J~ -J,J S50'40'JO~E 1J6."7~ l. ~9'9'3Ct'W '20.00 L4 SSO·.fO".JO~ I 200.00' L6 $J9,'9'JO-W ' 15.00 , i8 ,N4n,s'51,·wi 80M' L7 N50't16'JJ ·Wll 'n~' Lu " SJ§,9'.:JI)*W 60.00', ~ I W -S50'40';3'O-t 2O.zj;j~ I I L30 'NJ9'1t';JO."e _ 5ClOD,' L'£GEND -P;~.B. PQIN'T Of ·/3fGlNNIN,G 'PAL·O Ai.TO. SliNT~ ~A«A,CO/)NTY.; C}J;JF()R!WI\ K~ \SUR.1.2\i~fJ006\OWG--\Pt.ATS\PA~K.& 'OBPM PAACEl.S Pt.Atdwg .. . .". s~ct ,P,A~~D DEPOT 'PAA'CgtS l~ or t:_~ STA~FORD JUNI.OR UNW, J"ob No, 20'1260Q6 . . -, t , 'By', JG' "Ptlte 03=05=:t2 Chkd'. JyI< SHEET 20f J' ~'_tW"'-' , , '. • I LEGEND , ! r.p.&JJ. rRv.e: P()Iffl OF 8~QWN'N~ I , l ""BkF -. - - ~r"-"'~ PAr« ,p~CEl. i ,t1.n'+, ACRES± APH 12D-J1-D{!9 tiNE TABLE UNE BcARING LI..ENG1F.I La 'N4D'1"'~·W ' 'lSf.tJ() L.9 N82'i8'2oE, 64.'2' t.fd ' N~'''J'J''-£ 15'4..~· LLf2 iNJO'D9~~·W "8"-5J' I UJ N.M'29~.fl,~ '23..9' I tf. N~':lO'02"W .. lI~I' 11~ S8.f~3O"F 16452' LIB N6J'J2:'JO'E .17:.2" U7 S50',JJ'.,-£ 'J-JJ3' _~f8 S$O'4O'JO·£ 19~ ,J.-f9' S8S'04r'.).·w ,192.22f.1 -, I , ~ I I 1- ~BkF 'Park RarfeJ 1 'PARK P'A'RQELS March S,lO't~ BKF'No; 20126006 Page 1 of5 Rear'WQpeu,y if! the City of' Palo A lU" Count)' of SImla C1~Stllte or ('AlUforni.il" d,escribed as' feUo.ws;: Selng.: a 'pom:on 'of the-.l8l1ds oti'he Board drl'rusl~ of-the,l.eLancJ Sianford junior' Ur)I ver!iJ;y..ca liody'h8~lftg cq~~rate '~owe(S·under the laws of lhe-State. of Cnlifomi'a, descl1bed, as follows; Being· al!;'o a pOr1i,(i)i) Qf ;he Jan'd~ descr;i~ as-m, ~ili~~T:.k. l!l' that :,eerta(n Resa~liol1 passed' and a9QPced by It}e.-Cftf-CQuncil oftbe City o£hl~ Al.to Q(tF~bl:Ual'y2(» 1-973 'hy Resclutlan N,Q.. !i'.7Q9~ recorded' :Fet;>J:UIJ~~i U!; 1-973 in. B,ock 25'J i!f J'age '28'1, Official Records of, Smlta Clara Co,uo~y: _W)cl the lands described in 1l1a1' certwn 'DirecIQe~ Deed, (.Quitt11Iihu), fr~ State or calif{)!1)'~ to The 8'oard'ofTilJsCee&Qf the LeIf\~(fSt8T1ford JUnlof',t,:Jn1¥ersity. 'recorded MQi:th 29. 2004. as D.$!ument NQ. J 7,6'8~Sn. Offtcial ~,~j'ds of saId C(JQ.lJt,y. !'Dore parHcwllI'ty destrlb~ ~fGJlews: BE(;IN~(; IU the mOSt Westerly comer of the Palo, Alto Sratitm Grotinds" 'as $'aJd Statio" Gt0ll1\ds 1$ de$cri bed , in ih~ certain E~~nt frem Lelan<l Stanford to-S~the.m 'Pacific Iml,road, Company" dated ,Nov.ember ~.3, Hfn, and rec>c'l'ded. October 2..~'. 19-t5 In V olil.me -485 M-Dee.ds· at P~ge 244, Rec;Qrdscof. ~ta' CI~' c.Cront.Y. said40mer-,,~jng also fho ll\9St 'PQ\1.h!arlY COmer-of' the land~·desitFibed as P~l No; '2. In that' ,Uitldn '8l,lblease between CIty of]'alo Alto, a, municipal cprpQ[atio~ !If ihe Slate of Califi>(nia,and Sp,U(~cn Paj::jfic;, R:a1lr08d Compa">" a coTpOQlUcn. re<;Qrd.~ o.c(ober 3(:J, f.939 'in ItoQk 95'-at.-Page S~O. Offfula'1 Records of Slln~.Ciarn c()J:mtr, Th~ce. teli~lrig !lltd CAm,er and 1'lql;lg the ~en6~al Wltth~e's~l}' Hn~ of s:l1~ BuccI N:o. 2, (9S 1 c). R. S80), (he following two-(2) c'~({rses 1lJ)~, d~e,st t) 5Qutl) U)'oU'28'J"East, 143.1l-feet; 2,)-,South 'SD,040',30"' East, 136.47 _feet tQ th~.most n:9.rtlierly'.com-et'of that ~rt~J\ :pllre~1 of land ,d~s.oti~~ ,hi" tni!t ~t1ainl Assigfimerll1md A.$$l.lIl'!Jlflon of Sublo[J8e, ,\)~lW@o· t~~e Cit}! ",f-'P,aio Alla and 1'''\I~"Board !lft.rust~· ot!he lclBll'd $,tMfOrd· Junior t!1nfve'tSit-y.. -recordat' February- 28, 'OOO"~ kumertL NQ. J~l (i3~ Official Records of' Satlla Clam'Counly; Tne:o«e. 1~\'ll1g' &ala CQrnar itnd: ilf;J1'!g the-,northwesterly-and southwesterly :lines, Af 1!Bi.tl SU:bl~~ (Doc:.. ) S163g2.Jt;). 'the f'oJlowlng' lWO,(2) c6urses and dislasf@s: • l) SOllili 39"f9'3,0" W.esr, 116:00 (eetJ 11 S'oUlf) SO"4QY'30') East. 20<100 feet to the northwesterly lioe of lhat -certa1n' parcel of ,lMtj ~n'bed in ~·.certain As:.i~meRt lrod A3Sumption ofSubl~. betw~ Ute CiTy of p~o! Alto.and 'The.:B~d of'l'rust~S' of'the ~I~d $tan!9rd llinior Unive~tly;, «!CarCled Febnlai)' 2'&. iooo-~ DOcu~elJfNo, 151.()3S22~ Qffie1atR,ecordS 9f sajd, Co~n.ty. - T.he'nce alQng s-aid ns>tlliwes}er1y line and the southweste,dy lines ,of said S\lb1e:ue (DQt. 1 S'1'6~g22)-t1'u!l,,(Pl)nwfng 1,,\'10' (2.) cou:mes and dtstancftS: . !'J Soum Wl) \j' 30" West, lS.QD reeq ugJlL D,esariPliltn J;:X'HI:BlT 2, PAEK PARC6:lS P~e2'ofj 2) SOllth $O.<!~()' ,30" ,EII~1. 329;OZ'f~~J to 11 poInt on the ~OrihWI$.I:I-Jy Hne or-Ur,.iversiLY Avenue, ~'"Ilid po!'ol: beillg ~tso .the i:!egi'nniog of Q M.n-tMgenl curve, c,oncave to Ille ~)lth~'St. ha-\lillg a Rad'iu:~ of 68.00 feet, fr.6m the c:enl(!t of ~'Ilrd curve a rnd.fal JlI~e bears Norlh S 1°'58'07" Wesl~ Thence alohg 5<lid-norl!tv,ieslerly, line of UnIversity Av~ni,le. Ufe. foJ Jo\vi n'g' t-IhO (2) courses and 'cJi~lllnct5; n S'OOll'tw~{~r,)s', alo"l\'g said .eo n'e .. through a c-entro( Ang·le Qf'Os'''5W'2'5''', tOr an lire Lefl,gth-o'f 7,0'1 feel to the beginniilg' of Q ,~evep.;e ~urve. conc:t\le -\() the-north wast·, hl/ving a R!idrus of 33.-4Q feet. f'rBOl ,the ce,nt~ 6f sru'd curve a l'l\"dlal nne be:ars Soulh g7°52' 32" :Ea$t; 2:) S:o.UthWehlerly, aiong. $md G'UfVe, tlll'ough Il central Anglc t>l' 7'8~l';21". for an lire Length-of 48 .. 68 fe.~1 to·me nOl'thens1ctly Ii ne ofEi 'CilrriinQ ({elil, b~b~ IIlso .state H ~ghway' 8Z~ rh~l1cc 'along said' n'Orthe8!Uerly· Ijn~, of EJ Camlno"Renl. (fie foH,owirrg. els/ll (.8~ cour,seJ;-and dJsran~s: 1:) NortI150'bll'<t1'" West, 566.1,1 tee~; 2) J'fo,tth 41()18'51" West, 80,4~, fcM'to ,the beginnJng M 11 non-tangenl C1JrI~e. concave 1<'), the -t;OUt,hw~sl.. havi,ng " RadiUS: of \333".00 feet. fi:om·lhe center of saId cun'erll roti,nl, ii-f'l,e -b~n~, Nt:!rth 48°11'29" Eu~t; ~l North\\lestel"!?;, nl'on-g sllid.cl,Irve, throUgh 0 centitllf Angle ,of.'(i8"24~Of~. 'for an arc Lerrgth of 1·9~i.1I3-f~el; 4) &orth 50Q06'3:r'" West.. 111,:m feet: ,5) North 44 °5? '30" We'st, :S98.13 feet{ 6) Noi11I','40° 14>'44" W c~t. 1'51':00 -feet to !he beginnfng Iff Ii : UIilge.n I ourve \'0. the.rigbt-;. ha:viIig II R~lis of lQU)Ofeet.· , J)' .North,we~n~r1y, aTong said,wrYe, [hr.eugh II central Angle,qf l'6°l'9'30!\, ({jr an are ,Len'g-lh (If 29,06 feet to Lhe beginnin-g of-il CO"lP,QQlld:'!>Ilrve'. cO[Jeav,e, to ,the soulheast. having a ~adill,s ¢f 12. 00 f~1. from tho c:en~ of Strid ~1lNC: a radial line' bears South 66°0<1' 46'-' W'e~t,: ,8) Notthea:>terIx', .tllOlig sjl'id cu r.:l;, Ib'ro'-!gh a ccn.f,ctd Angl~ of. -96"0.8' 5 3" L for un 4tC' ,Wgth Of 18i88 feet to il poi1i! on the ~oiJthetly li~ of P4IG-AltO AV~\'Iue-. -l'tJtld soutller1y Hne ;s dc~ribe{l in ,thflf ~rr:aiit c~:cepllon ,parC~1 for 's!'\id' EI~ 'camino PArk ,p~ Res'oluI'iOll No. 4709' (257 O,.R. 2M)~ ~id·'p.oiW ~fug, also dlC beglnolng of a..~oJll.pQ..iJnd curve. concave 10 the, ~oi:Jtlte~~. hav~ng a Radlo-~ of 182,;00 feel • .from 'the -celfier Of said CtlI·\'& 11 radial' ,I@! beJJj'~ 'N~rlh '23"'46'21" WeSl, said 'pCli'fl\ being also neroa'fler rofua:ed (0 as Point '~A'~ TtJetlce alOllg said sOlltherly tioe 9; Pl\l-o Alto Avenue. Ib¢: foJlowingl))re,e. (3) courses ,and qil;tp.neel;-: I ) ~t'el(ly nloi\g said ,cU-r:ye,. :threug/1 a c.e:lltiaL~,ngJe of 16"34 '46". for an are Length (:If 5;2,6.6 fr~ . :2.) N.orth 81948'25" -easl. 64.l:Z feel'; ),) North' 8.5°41'34" Ea'it J 54.45 fei:t 1'0 tb.e SQll~WC5ti;rl)' nl)e Of tl\e S.Quth!lrn P.adfic Ratrroad COmpany'ri.ght of way; L.egal D~scrjpJi()n EXHIB-\T '2, -PART{ 'PARCELS Puge<p of:) Thence along said :\Qu:tllwestex1:y·ljne Qf S,o.u~b¢t'Il PJlcrOc RlIiiroai/ Comp.an f' tighl of Wl:I)" SOUJh­ $O~4o'J6" &t>l 514.611 feel 10 !he mOli'r' ~'eswr:ly' conlcrof the lands~~~rib'ed, og ~lIrce' No.1 in Ih'an:er\ofn Suble.1:Ole Tmt~,n CIIY' of P.aJe Al(o, 'll munic.iPlll coll':orilfion crf the Slill'(: Of C~li(QJTlt;l, l\.nd'$'Quiht!m1>altit1c iAAfltoad Cotnp3f\Y),-ac,orpomti'On, r~cordea {)clob:er: 30, 1~~9 in 'B.Q.Q.k 9$.1 ilL P:.tgl! s:aO .. ,Omcial: ~C0'rJS Of'\iuid Cb~mY,: Tfu!~ Ie&\<j-n'g: S'/,lj'(1 QQrner and: a\'OIlg, the ~Glith'Westtrly' line _Gha.id Parcel No, 1 (%,1 0..\{-. .?aO). South 45°54'-4 it! ~~r" 6Q:1,()8 feet ro 'the ,o'orl'nw¢slerlt Ifn'e' of the land,s t.I~c.Tip:ed it'S' Pnreel lA in tIlet' te'rlM'!) -QuilC'lain'! D.red ~m S'Ou,tltem Pacifto TraJI'Sp6rtarion COIl'lP;l,\'fY, a Di:,[aware cor:p orati em 'to The 'ijoorP' (l! rru~rees"of tho ~O;eland $lttnford Jurum U\l'"ecsif~. ~tdBd Al.Igu!;t, 7. 1981 in-Ba_(!)k 'm63 al' Page; 29fs'. :OJflci'al,..R.~)"d~, m~ald COU'l\f:y~ l.'h~nce ,1,110([& sa~a nortl1\Yestc[j)y -tine of sailfP~c~1 lA (Q263 O:R. '298.). SOllln -3'~"'1'9"SO" West. ~;j)O {~t lO {he" poiflt-of'.BEGINNING'. C-Oi1roilJfng: all :area 'Qf '9', 714 ~s, :m~r~' or Jel;s., brk,~I;~\2 Real prope-rty jo, ,~hc City 0f P.lllo AltQ. e-OtlD(Y of San11\-'CllH1l.. State .of Calit0hri~ de!\cribed a,!;­ fQIIPw;s; 13cing a:.pm:Uoll of the In'i'ltl$ of The: Board of Tr'llSle~ of Inc LeI~ndSt-allf:6rtl; Junior C:JiliVI;:I'lIlfY. a OOUy h~[l'fg-eorp(')I'ale powet's under thq -',8WI'), of,the SILUe 'O'f Culi iOl'n ill , d~sLrihed 'jl.S fol\,Q-w'~: -J3eing a1$0, the lalfd~ d~nbed as Parcel No. I-in tliat certain Sllblea;;ebelwcco -City Of PalQ Alta. ~ il1\Joicipal corprmliio'il of-tne :Slate. of OHfoml'a' lUl'd' SQUJhern Pacific RaiJrotl~r GompWlY. a ,eorpora.tiol1, I'eCdtoed OClober 30, J 939' 10 8:ook 951 at R&:ge 5130, Qfficial Rec0rd\; of .$anti) .. Clnra, CO\lniy. mOTe,particularJy des~uibe,d ,a,.;, follows~ B'E.c;~NNING ar (he mo,li{ ~1)1.HherJ.~ c..Qm~· ~f:;nid Pnu:e1.N'Q. -J (~M O.1t 5"8.0); , 1'herIGe :leavirrg ~a:ld' co:tn« ahd dlong the-~b\Jt-h.C8!ite:d~ fine :or!lald Lr)nd'S:, North '$'9.0 19 ',3:(Y' ElIst, ~O;@: f~e[ [Q a pOfnr 'an the SOllmwe'Sletly lI'ne of SO_Uitlel11 Pa01Ti-c R,aj)Joa</; C'Q01paO_Y' ri'ght ~f way,., ISliiO point bei'l1g a-l~(I thc~o~t~Il!9rlt ~otl1:er'of $aid f!i_~1 No, l',~ Tnem:ff le,aving 'said c"drh:er and 'along 'JlEU-,d \;,outbwe,Sterly lIne of SO!Jlliem Rac;:ifie R'ai,lr~_arl GomplU'lY tighi of WilY, North 50°40"'30" w.est" 60.0.00. feet to the mnsl w:~[erly ~orl'jef' ~f said Pitr~~ No. 1; - Thence lt41vin~, Sflid' Q('lmer fll1d' a,IOJ:lg Ibe so!lthwes~d~' 'Hne 0f said Par,o,e} No.1 (9.5<1 o.,R_§8Q~. S",uIIl459SIP4'\" En~I.,6.~W,(~,t (Q the point of.n~ING". Cdlituiniflg: en area of 0.3441l£res, mQ.te.-or-\ess, ~~ng '!Ilsp A~~or' s f-arccl Number ,j 20-31·008 perJ~oJ.l Y~r ~Qj f ~1iQ.)2. Le~al'ae~qriptiol) EXHlf{ITl ~ ,P~Rl{ ,PARCELs Puge4 pf5 larkPAr(;C!l;l &t}a)ptop~rtY ill :th~City(}fPaJo Ano~ CQuntYQf Santa Clar~~ S:tafebfe~Hf()rt)i~; deSCt'il;jed 'as follows: ]~eiJtg a portion of tb~ IUl1ds of'TheBoarciof Trustees of'tl)eLeiandStanford J\111l0r tJ:tlivetSity~ a bodY-Vl'i;i;t)rtg cQl>'PQrat,e,po\\lersundel" lh~ laws:"of:~he State dfCalifornia:. desCriQ,~d 'as f()l:)()W,S~ . B¢ingla:ls~ J,{ portiQl10ffhe· JaJtds; desctib¢dasBIC~tmbl(}' Park. :In. that "C~)1ain Res~lun'Qfi; passed -atl~t adup.tedl>}' lhe; City Coum.~Jlur (he~City o(:I."ido At~o oJ)February'26~Hn-3 b~ R~))QtUtt9P N(}, 4'tt9t re,'C~ffi:ded F~bruaryZB. 1972 JniOQK 251" at Page. 281, Uffichi.1 :Re¢Qrds :of Sant~', Clara ¢,Qunt¥i rtl(lTe particlllatLyde$:cribecla~ ,(dHows: le~lvh~g:S'tiid pOitl11!nd .alQllg, the llotttre~sterfy Un.e of et Ca.-mino Real, b~big al~o State H:tgl1way -&2. North 30'c09'a9~i' WOes!. ~5.5'3 fe~t :te the TRUE POINT OFBE(}INNIN{j{;?f c~his " aeset:iptjlm~' Tlaenc'e lea"r:ng.s'4llr:l ;PQintnn<ialong $(tid nOfrhe~st.er:ry Hnf:;of EJ Camino R:ea1, tht} fQf]£)wing: r~vQ cputs~;;atl{.t distances; 1J J~()rth u~ A9 'fe,et; North )I O"?I\~,I\"In .6,9,.) 1 f~et ~othe c~rltet lime: Qf S~Ji Fra,nci~quh()Cre¢k~< Tftei1~ealoi18 su:td ~entet Hne, of ,sal); Fr~n¢i~qpl1Q C:re~k> the fi'iHqwll)g t'W:(.~ (2)" Courses 'and. (fi~l(l,tl~es~ $01;lth84<t$·5" 3()i·'E~Sl. J 64,52 fe~t; -No-nil ·63rI3,~~3,Q~· :Eil~.t. 77 ,2,1 f~,ettQ :the s:(}vthW~~t¢tly :line Qrsouth~nl Papjf(G~ailr{)ad. «~omp~)frtg~l·ofW:~Y; Th:ell~~ ,along sa:id;s~utflwe~ueil~ line of StiQtbern Pnc'Lficl{ailrond' Company ri~tft;Qf way, ~th~ fQ!loWh\g:tWQc(1;) ,c~9t~~/tuld dista"ces: o SOltth $(;):'a3;'4 l" East~1;,9~ fft0t~ 2,~ S()uJb 50'~40'3Q"; Ea.'ll, 'i:9'60~2.Sfeet to the' no:rthe.tly line 'of Pal,,): Alto Avel1ue~;$ai:dI1Qtlhedy line!!) Q~~~d~eCl;ill that cemiill c}\ceptlb-trparcel: 'for ;si\i;d EI ,CaUlinoPatk iperRe~Qlution Nq:,,4'O(J{;~~7 c,tR. .. :&81 )~ 1':n~nce;~J~tlgsaid l),ortbet~y IJn~ ;of p'alQ Alto A:~et1\let the ;t()ltQWJflg, ,two (!J 'dQur$~s' ,and: disln!1ce:~:- r ,) Scutll,g5°41;::;4'~ West, 192;22 feet tb,tlte beglhl1ing of a tilt)get;11CllTve to the ;tig;ht, h;a~.dliga ~adl~s. ofS8~J)(}'f,e~t; . , ~l W~sterly.n'long~aid ¢tn~e~ inr~)llghac~ll~ral;Angle, ·of (};jl.).)O~t~ZU~ t~i 81) atc Lengtb ,PI 5~'1~1 feet t<> the'TRiWE '}J,OlNT OF' B'EG]$NlN'(j:' o1f tnls ct¢$cri:pli~l( c.Pj)~jning#n &,re(,i()f, 0.69'1 increS,n10re ('}r'les~. . _, Being ~t's~ .A,S$;essof~s, P~tcer Number 12.0~')1-nOl pet'l{<5H 'f'ear20:tt; 1 ~20f2r LegtlJ Q¢,SCriptiOR E~JaIT 2 ~ PA:RK P-ARCELS Pa~ 5 of'S ~;trk ;~r«:elS> l~ 2, and 3, as$bown 'C1n pl(lt.entftJed c"EKRmrr 2." 8«acbed h~~t() 4nd made 1l pari '~'erC4)t ; 1 1J1iS:description was.prepared .~ me;or;ubder my"directsupe!yjston-, BKI" -E'ngtneers -f~) J9bO-I<orQyan,' r .L,~--0.8&83 . .Liceose.tiplfe$. 'li~ 1.2QJ$ A?~q'G7~ &rz. LeGEND T.P;O:B: -tRu~ POINT OF ermf.JNtNG Bkf _ , ...... 1PLIIIIiI ~ --"- S~cl "Pt!WJr b;m2 ti· -­,L~ OL __ ~F _ r= lJN1V.- Jp~ No. 20126006 _" I ',--' a, JG. , Dah 03-0.5::12 Chkd. JW< -,SHEET ,_ Or: t". 2'. _ LEGEND P,O,B. POINT 'OF BeGINNING PEN/HSUL.A CORR(OOR JOINT P.OM'RS BOAR(}} (FORJifER~Y sOVntf:RN P~C.lFlC RAJLRDI.D COMP-XNY) SSD'·4d·Jo~r_s ..... ' --• " ' 50~4l!i.!'W '80Q;Do.' -PM)( PARCEL J- , O.!.~f ACRfS::t' ,- ': A#J:.I-~g-._31-QfJ1_ ~\ .' " I: -' T.P'O,Et.'~PQf1; __ ~, :-----;...-'N:;"Uili5~JO~W"~;;i:B.;~7.,J;o----..... J~~':; ---~ .. ~f-~------"P~,A,~lKr'P-~~-~~--_J~ ______ ~~ __ ~fl_'·!'~,Q.~~:Ii~~:O~R!'~-"~~ __ _ (~A:n HIGHWAY J'AL --.:~ '" , ; ._' ';:J ~' ..... ~~' ~":-::-:~:r----1 ,~, ~~~~~~~=d :',!I '" ',I, Oi) :, 1,·1 BkF ~Bk,r DeD'ot .cacm A J~X'H'mrr3 Legal Descr.lption March ~ 20:1'2 ~KP No. '20126:006 Page lof3 R.eal propcny in the City ofPii\o. h\lto, COJlUly ~f San[a Clw-a,Stale of California,descnQed ali foJlowsi iletilg .a· portion af itI~ lands bf 'The' Soard of Trustees of tbe, Leland 'S~nfoi'd iilnior Unj ver:sity, a bod)' havin.g corporate. pDWefS under the .i'IlWS Qf the' State of'CAI'iJolTlla. desciibe.d·1IS follQW&: Be{ng also the,l:nnds described a6. Pru:ce] I A in that certain Qulte'laim Deed fro!1l SouJ.O~'t)l~I!.CI'.6t Tralt8pcJrt.adon· Company, a Delaware-corporation to The Board of ~s.te,.es of tbe Leland Stanfordlunior IJnlv,enJil'j. ~ed August· 7, H~alln 8'ookc;m;'l at-Page -2.9..8 •. Qffl.li:lal Records of Sa pta Clara. Cou!lty'iUld-tile iilI)d~ describe4 as: PDt~l 'No. 2 ~~ Il\al ~~itClil1 Subfease betweetl City of '(!alo Al~o, a· tn)lflTcipal Cbrpo'i;4tibn ot the Swe of Calif.omia and 'SoatheroPacme Railroad 'C<lmpany.· a, c.otpQQltil;)n, f!lcorded ,October 30, 1:939,\n Book 951 at 'Faile :58'0\ O(ficial R~r<I~ 'of gaid.:COti.nt¥. more plit\wlarly deScribed' as foJlows~ &g!(lJ\\h1! lit a ,pC!int of i'iller~lion lfetween tlie center lin~, 'of. Uni(.o,ersil): Avenlle and the So.uthWes.rer.ly line. of' me; Pal'Q Aho SrZUion QIoUnds~_ a$ S1ild StaUOf:1; GtOqnd& :is' descr.lbe({ ~n tl\.'Bt certain. E_asement from tAlllnd $tunfQrd 10 Soothem P&'ClfreRalfroaci CompfIJIY', .(Iat&'l NQv~{I)ber' 23, 1892 a,td recorded Ocio~r 2&:. 191:5' in Volume 43-5 of Deeds at Page 244, 'R~.itls of Santa Clara Coun~; Thenc~ leaving sald poilit ~d :along said ~authwe,s(l:Sfly tine of said Palo· Alta Station Gro\fnifs. N'orth 50"40'30" W~st. ] 12,O.S fe.e~ to ~ point ,on: tbe ncrU}we:slerly. line of. 'said UQlvel1riW ANoo.ue. said pdj~t b~ing al~b tf;-e beginning of ~n:Ori-t.angenl CUrv6, concave, 10 the SQ,Uth~~, having'a R~i~a Qf 300.00 feet." fl'9JTl tbl) center Qf~aid cur-ve~' mdlallin.e-bOOS North 28<'45'3-2" West>. saM pol'l'Ir beIng al$O Ihe TRUE POINT Ol!'BEGINNING of ihls d@crlpt\()n: Thencecleav\ng said poill,1 ,lltl~ along tt,-e.,ge:n§l'ilf ~on:liw.es~lY' llfJ~ orSllW Un~versity Avenue" the fQIlowing:two (2~ courses and di'Sta~ t), NOrIheas.lecly. al<mg'said cur-ve. Ihto,u'gi1 a' Qe'nf~41\ A,-1l81e Of 1.l"~5'52". fur .om 'at~ Length of 62.47~.r 10 ··th,e begihnlhg: ota flo~-llln8".nt cu.ry~ 1;0J)P:a~ ~ the SOJltl"fw.est, baving a. Radius of 1'8'9 :00 (eet..·fr'olinhe center ,of ~d ~u.rve' a ~i'i(ll1n~ IieIrs NOI'th 13 a,1'.8 '04.~ Ea&.ti 2) S,oll'lh~aterly, alO'ng ,s'lid: emnce. lhro.ugb ·8 ~ Angle. af t,()b·S.1\*4"'. for an.8I'(: ~Il~ =Of 36::05 'feet to -a p.oint. said t/Olnt being ,r),t the inl'ersettion of 8 1,1 I)e , (ir.a.wn SOiOll ~t I\(lJtb~.estedy. ri~t.~le ~ment, ffolU.<Sllid unter line ,ofU!\tvetshy; A!v,en'oei Thence leal(ing .saki paine ~ pamHet With 9a:1~. ctf)t~r Ifne '.Of OP.lversit)'. Ayonue., Nerth 39GS9' 3d'" East" 2.2~ rut to ~fle. most ea~rl.Y ,comer of s~id' Pan:cl 1 A. (0263 O.R. 29a};' Tbe:iJ~e lea\ri.ng slI,id comer andalon'g the. northe'Mteri'Y lirfe Qf said PatCel lAo NoOh~ $'QD"O' 3D" Wes.t., 847.79. feef: 'to lite mQst uortl:1erly cqmer of S!1id :Parce.ll A ,026'3 ·Q.R. 198}; · .•. . ...... ~galD ·ct1~ric;.n BXH1B1T}\c,. tlEPOT PARCELS Pag~~()r3 'rhenc~le4,iang s(dd'oomer mi{\: '~Hong the·J)t>I1I)weslerfy al;~ O:(~I.d4 Parcel I A, SO(ftti '3~¢1 9{]0'· 'W~Sh 70'J)0 fe.~l lQ th~ !l1()~t rlqtth¢,dY·~,911let.Qt:"~~~lt:J: 'pt;lr,cef~t6;.2 :(~$l Q.R .. 5,SQ.)isairl tonter b~i)lgalS'Q the lnOM wesl~rW~Qln~rof' s~iidRa10 l\1 tJJ:$tl)tiQnQJQlmcl!i(435r.lel!ds.'244); "f11~Jlee: leltvtt(gS'Llidu(l'l1:)et'8rl'd' 'afong' the;getJetat:~()uth\v~sted~)': Hntlo.f said li'at¢~tNQ.,2 (95 J ~.:R, . ~(!J1~tJ1¢JQHowhlg'five IS), cou rS¢satlddi~toall~~~ 1,) :Soutb l6RTl~~'~.BilS{! 14,.1J; ;f(}~M ·~~,$QuIll$G!'J4H·~.e'$·:east~4~Q~;9S ·t~~I, tQJh:~'begtt)Jll:n8of ,t$ ·t~llg~nt ~'i!~yet;o.·tlle Jeft~ Ila\'if:!ga R;l\din$' f:1f' tl,.~·.te~(~ . ~), Nt)11fu~~~tetly!.~lQi\g,!1~id'cur,:e. thrQugh ,4ljcenttal: '~i1g1e"nf9,(jQaO~£}o··. for ·a,tlllfc'f,;,ellgth of 41A·3 .feelIQlJ'te:oegtOllir-.tg0;f at.¢y·erse,~ur\.\e.. ooncave tUlbt! sou~heasf,h:a,~i.ng a ]Radius o( 1;3~(l4· :r~~l,(tOI'tI tb~C~11lei of$ai'd:,¢urv~~"t~d1M Jjp~,:b;e~f:,~~North 500.40'30" West~ 4J SQiJ.fbeaste'I¥,~lQ"gsaj4curve;. thrQ~~lJ~,t:.e)Urp.)! Aogf~';Qf9nbt)o'():o" _ . far an :at.cl.~ngtJ1 Qf 1l.A~feet:· . ~!S,O:Qth'50o40'30" Easl, 202.6i feel tq ia point 'Qn' saia;gnnhweSlerlM ti'ne,uf sai~JJnjver,~i,~, Avenue. said poim being al.~o, .thei '~ghlP.iJfit Df ' UtiDn-rangent €n)~;v:e. eOllCQ£~ :(6 ttte. sQuttleast. having a Radi\1$ of3(l~~JjQfttelt ':f~m·~h~ t[~fit~ Qf ~aidC;f:Hr.~i~;~ {aQ1A}'.irn~r bears N~J~h,39~8'48" West~ . llk¢nce ;l1fftlhell~tel'lyand :along$nld n~rtltwestet'ly line: ofsai~' Unlversi t)t'AvenUef,al(5n$,~~ltl q"tf\l,~,tl1roUgh, ;i eenttAl i\n·gl:eQfl,()943.' 16':1., for a~ nrc Length of 5;6-.J4f~~~. t4l~h~ 'Tlttr~ PQiN$ 0FBE,$INNING :ef.t~is'Qt;s¢ri,ptibI\~ . Depol ;Par.~elB; .. Real ,propeny 1n tbe City o;r pa10 AllOt L'.oWJt-)'of,$ahla Clata.,r 'iSt:@te 0,f. alifol'nia, desGribed as rbHowst Beit!~ a·:PQrtt~n .()f{~e :Jan~sotfhe Board of tt\1Stee.S.~flb~'Lefana :,{~nford.Jufilor Utl~\'eT~ityi~ .~ bQt;J:y;fi~~ftl~,,-¢or.porate;~(l)w~ts l}:nde;r (he laws ~{~U.w. $t~le.: of'Caltf(1)fOhl. 'i;i¢~~ri\Ml as (ollows.: B~i'llifil~at~A3nd$:desc-tib~d ~$iPJn'c,el1B in. tllllt;certain'Qufteburn lleed ft()nrSoutti~m l?q~jJ;jlt tt~"~PQIl!l(;iqtl 001l1p-an}'~8 'Del~ware, cQl};,etatipn' it>: 'The' :Soard of Tro~tees. ~rtJl~L¢latt<;f :$l~nf~td ·J1i.f\i()r ttpj-vcn;it y, recor(feti,Ao'gu81 7, 198 f lp,~:~~i Q2'3atBag~Z9a'f. Q:ffi¢.i~n;Q~cor,ds :of S:ant'4:~CIllT~(Cojjflly.,tllo):e purtltOI~l1'J, de~Q.f,ib~~l,gs tQl.JQW$~ ;Be,gJt:Ull'~~at .~ ,PQilX~ 'oJ inlef$~cti~ft ,\~e,(;w;¢e)), .,tbe 'c.ente.r Jtn~ .:llf"(J;.il\ler,silYA:veJl\l'e .. andl tbe SP~.t}jW~Sll;}rl)t lin~,Qt·(be.P"lo AnoSla(i(m:Gfoul1d~', ,as:s.a:i(J'Sta'tion GrQund~ is descr{~~ In lhtit 'C$aitlEQselllenf fhll11.'L~f~Ud~~~f!f~t~~?, S~u.U)em .'l';~~ifi.'O"Rantoad'C0nt ..... ' ...... ;·~at~NQv.emb~r 20l'1: 1'69jand ·r¢¢o.rQ~" 'Qc·tP~r·~8, :F9d $ 'in \l.Cijlt;Hlle :43'$9.t" ~t1e.~d~' nrpl:\~t¥ M,RecQx8.ir OfiS'a1*~ ;C'~l'.llC~upty; -Legal D~lption EXJtIBiT 3 -D"EPOT P,AR.CE1...S Pagelof'3 Tllen6e leaYing said poh,t and alon~ ,said southwesterlY, .Itlle of ~d !;lalo A:lto Station ,d.r91mcis. $'oulh 50°40'30" East, I 1.3 ,68· feet ,16 Ii point '00 '11:t~ s.Qutn~teriy nne-of S1lid University Avenue, said paiO r :beilfg al!)o, £he TRUB'POfNT OF 8EGlNNING of this descripti9n; - Th~nc,e lea"irfg ,s!iid 'fX5il\~ tI,110 &l,on'g tlie &,outh\V'eI)tet\}' Un'll Qf $a1d .PaI'C~[ 1$ (G26~ O:R. 2~g), ~ld line belng ~!;o the nor.the@~ly Jine· of Parcel :2 of L.Qt M •. as sha.Wn 0.0"1111;\ ~j'nl maJ>­ etIliUed ''Surv.oy of Lois 37 and, 380, StanfQrd Uoj-versHy L,.ands, Palo A:lto, California", drj(ed August 1,9-.5S. Shool 2. of ? .... 'prepared by Lawte(\ce G. Bn8.nj ctvJl Engineer, South: 50°4n10" &st. )'6.1.S0.reet',tG the-mQ:st soulherly ootncr ofsaid Faroel 1'8.; 'Ehe\lce leaving Silid ilOJ1ne~(et\y line'orP'ar(]ef1 of Lot 3-8. North 39°-19'3'0" BaM. 7(;.00 feet to tJre-'most easteriy,c_omer of'said'FaTtel 'I:B';' - Thenc't leaving $aid comer and 1110n& the general northeasterly I toe ohatd P-&rcei, J'J;! {G263 O.R. 2-9a}~ _the fQJ lbwirig-tl'u'e-e t3) 'COll,m'S aod di'sfailCe$: I} North SJJ!'4Qc·3.~-' Wcest",94':S(>'feet; 2) Sooth 3~~.\'1·30" Wesl.;_,26.®,feet; 3) North 5()'o40!~" West 95.1.4 feet,to a poinl,on said sQurliea'sltflY line of SAId UI1N~rS.ilY AveilUe, said point b.ein,g, also tbe;:beginning.of II non-tangenf curve. concwe to -fhe,northw~. 'hav:ln~ a Radiu/; of 3StWO feel, from -(he; ~rt~~t of$'~itl' ctl~,e n, radial ,tib~' bear'§: South :84~55'lg!i East: 'tfien:co soull\W6Sterly" along SJlid, curve, through a central Angle.of'0r'42r I6'-'. fot' 'an, ~l.'C, Length 0J 57,13 feet ~o'(he 'tRUE POINT OF 1;\~ of this descriptIon. ," Seing.--a'IS9,Assessor's'Parcef NUmbeJll20~3Q-012 pt=t &011 Yeat'2(U t -2~12. D,epot' 'Parcels A and' B, as, sbbwil oil plat-entitled "''EXHIBIT :3" ~Chcd 'be~to and ' Il\llde-a, ,part: h~reof. 'J:t!is'descrlprl'on WaS' prepared by me.-or under my direct, sllpe(lIislon. ,lalrfl J{orr;yan, ':Itt,S.. O. 8883 Li~,el\s.o ,~pi,re9 11.-:31·2£)13 _A?A-It~ ~ /' "z o/'Z nate(i'· ,LEGEND p.;o.~' POINT O.F 8ECi.!NNING T.:p.fiB. rR(j'~ POJN7 or BE'c;lNNlNG rl'~.L .. (seQ W FBT), ~t.d At.:m ,SArITA Q4ARItCQ~~ CAUF'ORNJA ,K!'\SvR'2\ U60ol\j)~\PiAlS\OEPOT' PJ;A1;~ 1':,11',', ' "Ill . -~ .. , ......... - " , , , This document is recorded for the benefit of the City of Palo Alto and is entitled to be recorded free of charge in accordance with Section 6103 of the Government Code. After Recordation, mail to: Office Of The City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 EXHIBIT 4 GRANT OF ACCESS EASEMENT For good and valuable consideration, receipts and sufficiency of which is hereby acknowledged, THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California ("Grantor"), hereby grants to the CITY OF PALO ALTO, a California chartered city and municipal corporation ("Granteell ), an easement, as further defined below, in, on, under, along and across the real property of Grantor, as more particularly described in Exhibit _ attached hereto and incorporated herein by this reference (the "Parcelll ), for the purpose of accessing facilities related to the operation, inspection, maintenance, repair, and replacement an underground water storage and distribution system located on the Parcel. I n furtherance of the foregoing, the parties hereby agree as follows: 1. Grant of Easement. Grantor HEREBY GRANTS to Grantee an easement for ingress to and egress from the Parcel in the area more particularly described in Exhibit _ and depicted in Exhibit _ each of which is attached hereto and incorporated herein by this reference (the "Easement Area"). 2. Reservation of Grantor's Rights. Subject to Grantee's rights under that certain lease dated June 10, 1915, as amended by that certain Amendment to Lease dated June 29, 1971, and by that certain Second Amendment to Lease dated February 26, 1973, and by that certain Third Amendment to Lease dated March 31, 1981, and by that certain Fourth Lease Amendment dated July 31, 1981, and by that certain Fifth Amendment to Lease dated January 1, 2000 (collectively, the "Lease"), Grantor reserves the right to use the Easement Area for any purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any building or other structure, drill or operate any well, plant any trees or construct any fence that will interfere with Grantee's access to and egress from the Easement Area. Notwithstanding the foregoing, Grantee agrees and acknowledges that upon the expiration orearlier termination of the Lease, Grantor may pave the Easement Area and use it for vehicular access, parking and pedestrian walkways. After the 120308 jb 0130941 expiration or earlier termination of the Lease, Grantee shall not make any use of the surface of the Parcel that interferes with Grantor's use of the Parcel. 3. Incorporation of Prior Grant of Easements. Grantor and Grantee hereby agree that the provisions of Section 2(b), and Sections 5 through 15 of that certain Grant of Easements recorded January 29, 2009 as Document No. 20114059 of the Official Records of Santa Clara County, California are incorporated herein by this reference and shall apply to the Easement Area and this Grant of Access Easement. IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Grant of Reservoir Easements as of this __ day of ,2012. GRANTOR: THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers within the laws of the State of California By: Its: ___________ _ 120308 jb 0130941 GRANTEE: CITY OF PALO ALTO, a chartered city and municipal corporation By: . City Manager APPROVED AS TO FORM By: . City Attorney ACKNOWLEDGMENT State of California County of ________ _ On before me, (insert here name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) 'whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above 120308 jb 0130939 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property created by the Grant of Access Easement dated , 2012, by THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, as Grantor, to the CITY OF PALO ALTO, a chartered city and municipal corporation as Grantee, is hereby accepted by order of the City Council by the undersigned officer or agent on behalf of the City of Palo Alto, pursuant to authority conferred by Resolution No. 4434, of the City of Palo Alto adopted on March 15, 1971, and the Grantee consents to recordation thereof by this duly authorized officer. Dated: ______ , 2012 CITY OF PALO ALTO By: _______________ __ City Manager APPROVED AS TO FORM: By: __________________________ _ City Attorney 120308 jb 0130939 legend ~dllmlc Growth Boundary ReviSled Special Condillon Area B. Development precluded - -until December3i, 2020, except recreation and academic /lelds and essocleled supporluses. Housing allowed as shown. .~~~ ': Faculty !Staff/Sludent housing allowed under amended agreement Revised Area B Boundary and Property to be Removed from Area B ',,,",,,IJ-".. " Legend Il!I!I!IIm 8all Park Lease (EI Camino Park) ~::::J Depot-Intermodal Center (Subleased to VTA) r=:.J City Jurisdictional Limits The City or Palo Alto rttv."" 1 fll<x:-lNI!'I!'qIoSIQI.ladmhlS' .. _",..,. ... a,lI'Idbj Attachment C Summary ofEI Camino Park Lease Boundaries Area Map This map Is a product of the City of Palo Alto GIS --, TN>doo..wnenlis~\IfOIphlc I 1M City 01 P.lo Mo .. ~ no "oponolboli!}l rO( .~y Mort (ll~9 ~ 2012 cny 01 Pllo,oJ", legend Academic Growth Boundary Re\'lsed Special Condltlon Area B. Developmenl precluded - -untl December 31.2020. 6XC8j)1 rea-salion and academic fields and associated support uses. Housing allowed as shown. FaoultylStafflStudem houSing allowed under amended agreem&nl Revised Area B Boundary and Pro rty to be Removed from Area B ''''''''''1."",- ATTACHMENT D STANFORD UNIVERSITY DEVELOPMENT REVIEW APPLICATION AMENDMENT TO 1997 SAND HILL ROAD DEVELOPMENT AGREEMENT ATTACHMENT 1 Attachment 1 January 27,2012 Development Review Application -Stanford University Amendment to 1997 Sand Hill Road Development Agreement Attachment 1 -Property Location As described in greater detail in Attachment 2 to this Application, the requested action is the amendment of the 1997 Sand Hill Road Development Agreement to (a) remove approximately 10.25 acres of land 'from Special Condition Area B, and (b) extend the lease of the approximately 10-acre EI Camino Park site by nine years, from June 30, 2033, to June 30, 2042. The 10.25 acres of fand that is proposed for removal from Area B will be referred to as the "Property." The attached map depicts the Property and the bound~ries of Area B, as revised by the proposed amendment to the Sand Hill Road Development Agreement. The Property is located within a portion of APN No. 142-06-001. The Property is within the permitting jurisdiction of Santa Clara County and is designated as "Academic Campus" in the County's 2000 Stanford Community Plan and General Use Permit. This designation allows the development of academic facilities and academic support uses. The EI Camino Park site subject to the EI Camino Park lease is located within the City of Palo Alto and includes APN No. 120-31-001, APN No. 120-31 .. 008, and a portion of APN No. 120-31-09. The site is zoned as both "Stanford University Lands" and "Park or Preserve." 22509630.1 STANFORD UNIVERSITY DEVELOPMENT REVIEW APPLICATION AMENDMENT TO 1997 SAND HILL ROAD DEVELOPMENT AGREEMENT ATTACHMENT 2 Attachment 2 January 27, 2012 Development Review Application -Stanford University Amendment to 1997 Sand Hill Road Development Agreement Attachment 2 -Description of Requested Action Stanford University requests that the City of Palo Alto execute an amendment to the 1997 Sand Hill Road Development Agreement to remove an approximately 10.25-acre area (which will be referred to as the IIProperty") from Special Condition Area B. A map showing the Property is enclosed as part of Attachment 1 to this Application. In exchange for the removal of the Property from Area B, the City of Palo Alto has requested a nine­ year extension of the lease for EI Camino Park. Accordingly, it is proposed that the 1997 Sand Hill Road Development Agreement be amended to (a) remove the Property from Area B and from any development restrictions and specifications that apply under the Agreement to Area B; and (b) extend the lease of the approximately 1 ()..acre EI Camino Park site by nine years, from June 30, 2033, to June 3D, 2042. The Property is within the permitting jurisdiction of Santa Clara County and is regulated under the County's 2000 Stanford Community Plan and General Use Permit ("GUPIl). The Property is within the Academic Growth Boundary and the Academ,ic Campus land use designation, which allows the development of academic facilities and support uses. Stanford University plans to seek County approval to build a new energy center on the Property to replace the campus' aging and increasingly inefficient Cardinal Cogeneration energy facility. The new energy center is an important part of Stanford's long-range Energy and Climate Plan, which is designed to increase energy efficiency while reducing the environmental impacts associated with supplying energy to the Stanford campus. Stanford is still in the planning process and has not yet proposed a specific project for the County's approval Stanford has identified the Property as its preferred site for the new energy center and accordingly submits this application to amend the Sand Hill Road Developnlent Agreement to remove the Property from Special Condition Area B. The Development Agreement prohibits development in a portion of Area B until December 31, 2020, except for academic and recreationa.1 fields and associated support' facilities. The Development Agreement allows the development of housing within another portion of Area B regardless of the December 2020 date. Except for a small sliver of land located in the northwest comer of the Property, the Property is located within the portion of Area B where the Development Agreement currently allows housing. Except for this small sliver of land, the City of Palo Alto already has approved development on the Property, and the requested amendment to the Development Agreement would change only the type of development that is allowed under the Agreement -from housing to academic and support uses. With respect to the small sliver of land that is within the non-housing portion of Area B, the requested amendment to the Development Agreenlent would merely allow Stanford to accelerate the development of academic and support uses in advance of the December 31, 2020 date. As expla.ined above, the entirety of the Property is deSignated for academic and support uses under the County's Community Plan and 2000 GUP. Removal of the Property from 1 Attachment 2 january 271 2012 Area B would not result in any changes to either the Community Plan or GUP, which both would continue to apply to the Property in full force. The Sand Hill Road Development Agreement has been amended on two previous occasions, in 2001 and 2003. Stanford's proposed text for the third amendment to the Development Agreement is enclosed as Attachment 3 to this Application. 2 ATTACHMENT E an amendment with the State. Council Member Price said Council but did not have a defensible methodology to count~~ Council Member projection BAG's methodology for the entire region but Palo Alto projections were questionable. ABAG in the same because Palo Alto did not have a MOTION PASSED: 9-0 11. Approval of Park Development Impact Fees to Fund Park Improvements at EI Camino Park in Conjunction With Utilities Department CIP WS-OB002 EI Carrlino Park Reservoir Project. Director of Community Services, Greg Betts provided a brief presentation. Parks & Open Space Division Manager, Daren Anderson said since June 2010 ,the Parks and Recreation Commission (PARC) discussed park design improvements at six regular meetings and one special on-site meeting at the park. The Comrrlission raised concerns regarding pedestrian/bike access to the park, restroom location related to safety and access, tree protection, maximizing parking spaces., fencing for dog exercise area, and lighting improvements. The Commission's guidance on design included the Recreation staff's input from various field user groups that preferred features such as synthetic turf, field size, and multi-use designs to accommodate various sports. The input provided direction for the conceptual design of park improvements. Some options were not taken into consideration because user demand was not as high as other features or did not compliment the field design. On February 22, 2011, Staff presented the Commission with two possible impact fee options and had recommended "Option A" that included synthetic turf for the north and south playing fields, a storage building for maintenance equipment, expanded parking lot, lighting conduit for future lighting of north field, mulch for non-turf areas, soccer catchment fenCing and funding for tree removal and design fees. This option would use $2,360,500 of the current impact fee balance of $2.B million. The Commission recommended ."Option B" which was similar to "Option A" except for natural turf at the south field, a lighted granite pathway and four picnic tables and would use $1,420,500 of the current impact fee balance which was $940,000 less than "Option A." Staff agreed with the 4-2 Commission vote that "Option B" represented the best use of impacts fees for EI Camino Park. 22 06/13/2011 Parks & Recreation Commission Chair, Daria Walsh, said the Commission wanted to see the park get used more by the residents. The soccer fields had the most value for the money but needed improvements. Synthetic turf allowed for more usage. Parks & Recreation Commissioner, Pat Markevitch, said she supported "Option A" because she believed in tearing down and rebuilding the park all at once. Shutting down the park twice would be more costly. She said south of the baseball field, between the park and the Red Cross building, was land that could be utilized for parking and she did not perceive parking was an issue. Paul Snyder, Seigfried Engineering gave a presentation that addressed design concepts. He said there were many connectivity issues that surrounded the sites such as the Alma crossing along the tracks, the Caltrain bus station, the Stanford Mall and the existing parking lot in the middle. The existing pump station was being replaced in the same position and the placement of the reservoir created additional issues. Efforts were made to preserve and enhance the urban forest. The northern field had the parking expansion, new buildings and the synthetic field. The southern field addressed the restoration of the park utilities project. His presentation included detailed information on how every effort was made to meet all amenities and desires of the community and Staff in creating a conceptual design. Herb Borock said there were several environmental documents that were missing from the Staff report such as a draft of the Mitigated Negative Declaration and a recommendation that action would be taken on an Environmental Review (ER). He noted that all the park fee funds would be spent on synthetic material for the playing fields. Playing fields were not the only park use and other parks needed money. He said it was a bad use of money and violated the environmental law. Council Member Klein asked Staff to respond to Mr. Borock's concerns. Mr. Betts clarified the plans were only conceptual plans and Staff had worked closely with the Planning Department in reviewing the plans. He said the conceptual plans and the allocation of funds were being presented to the Council this evening before getting too far down the road. All required environmental documents would be provided when final plans were presented to the Council. A top 10 list adopted by the Council in 2007 was in the Staff report regarding fund usage and included monies for the Bixby Park Hills expansion. He said there was sufficient money for that and other 23 06/13/2011 projects including the Magical Bridge project that was included in the budget. Council Men1ber Klein said the discussion was on the direction of funds and where they eventually would be allocated and was not being expended at this point. Mr. Betts that was correct. Council Member Klein said the plan called for 13 additional parking spaces and asked for the total number of spaces. Mr. Snyder said he thought it was in the mid 40's but not certain. Council Member Klein asked if there would be ample parking if both fields were in full use along with other activities. What would be the maximum amount of people in attendance. Mr. Betts said the north field would not have bleachers and did not expect any more than 20-30 people when the north field was used for soccer. Scheduling of events would be controlled and would limit the number of activities that could occur at one time and booking of major events. He said t~e project was on a bicycle route and transit corridor with easy access to Alma Street for overflow parking. Parking was being increased from 33 to 47 spaces and he felt it was the right size parking for the expanded capacity with multi-use of both fields. Council Men1ber Klein said Alma Street had limited parking area and raised concerns about getting cornplaints from offices and stores. He said Commissioner Markevitcl1 indicated parking use towards University Avenue and asked Staff to elaborate on its feasibility. Mr. Betts said the lot had potentials. There was a diagonal pedestrian pathway between Quarry Road and EI Camino Real, across from PF Changs Restaurant, into a field. The field has a number of utility vaults, water and electrical meters, and two power poles. A feasibility study of gaining automobile access and parking at the field had not been done and was a concern. Council Member Klein said it would be a trade off of EI Camino Real, which was a State highway and would require Caltran's approval. Mr. Betts sa id that was correct. 24 06/13/2011 Council Member Klein asked if there was an appropriate number of parking spaces in that area. Mr. Snyder said the area had several constraints and tree preservation issues. The biggest issue was a slope near the bus turn-around area. There would be approximately 20-25 spaces depending on Caltran's perrTlission, signal timing and accessibility. Council Member Klein asked if the Olympic Memorial trees located at the southwest corner would remain as is. Mr. Snyder said every effort would be made to preserve the trees. Council Member Klein asked where the dog park would be located. Mr. Snyder referred to a wall map and pOinted to the area where the dog park area could be fenced off. Council Member Klein asked how definite the dog park was in the plan. Mr. Anderson said the dog park was not definite at this time. The area was intended to be a passive recreation area. Issues and options needed to be studied during the conceptual phase. Council Member Klein said this was not a topic of discussion for this evenings meeting and asked Staff to see about changing the name Stanford/Palo Alto Soccer Facilities to differentiate the facility's location. Council Member Shepherd asked if a fence was planned along Alma Street across from EI Palo Alto. Mr. Snyder made reference to the wall map and indicated there was an existing fence in an internal area with shorter fencing for the dog park and would not limit access to the park. Council Member Shepherd c had issues on voting on an area with only the possibility for parking. She asked if there was an inventive way to create a pathway from the Red Cross building or the transit center to access the area. Mr. Snyder asked as an engineer or a person in a truck. Council Member Shepherd said a person in a truck. 25 06/13/2011 Mr. Snyder said the area had several obstacles and a person in a truck could possibly create a path through the area. The opportunity would be there for a planner or an engineer but they would need to deal with leased property. Council Merrlber Shepherd said it would eliminate dealing with Caltrans. She asked who owned the property. Mr. Betts said the property was part of EI Camino Park. One of the challenges was relocating a JC Decaux Public Toilet that existed at the end of the street past the Red Cross building. Council Member Shepherd said she was interested to see if access could be pursued in getting to the potential parking area. Ms. Walsh said most of the Commissioners were expecting the area to be part of the park and not for parking. Council Member Price asked what the life span was for heavily used synthetic turf. Mr. Betts said seven to eight years. Council Member Price said a comment was made that having two synthetic fields would bring a bigger demand for field use. She raised concerns regarding the cost for the additional parking area since it had not been included in the plan. She asked what the maintenance cost would be for a grass field where the base diamond currently existed. Mr. Anderson said he could not provide a hard figure or hours. He said grass whipping was required once every 1-2 weeks where grass grew along the fence line versus synthetic material that did not require mowing, watering, or trimming. Mr. Betts said additionally due to wear, a grass field required closing down for two months out of the year to reseed, reestablish, and re-thatch its growth. That would not be necessary for artificial turf. Mr. Anderson said artificial turf needed to be groomed but far less than a grass field. Another advantage was not having pest making trip hazards in synthetic material. Council Member Holman said Alma Street and the train tracks were impediments in getting to the park and asked if Staff had given more thought in providing connectivity to the neighborhood. 26 06/13/2011 Mr. Anderson referred to the wall map and pOinted to a pathway into Palo Alto Park. He said it required walking a few hundred yards along the park's edge which was not level and was unsafe. Council M~mber Holman asked Staff to point on the map at the path to the train station. Mr. Betts said he rode his bike almost daily from Menlo Park and took a route that crossed EI Camino, entered the park, continued along the north field, a path along the baseball field and connected to a path near PF Chang's. Council Member Holman asked if there was another path that ran along the tracks. Mr. Betts said not behind the train station. There was one between the depot and MacArthur Park Restaurant and over to Homer tunnel and behind the Palo Alto Medical Foundation, on to the backside of the Town and Country Shopping Center, over Embarcadero Road and behind Palo Alto High School. Council Member Holman said another reason for having one instead of two synthetic fields was because it left more funds for other projects. She said improvements would be cornpleted in 2013 which was 20 years from the expiration of the lease agreement. Stanford housing was considered for that area and asked Staff if the lease would be extended. Mr. Betts said if Stanford were to pursue housing they proposed not to move forward until after expiration of the 2033 lease. Council Member Holman asked what the likelihood was of having an extension of the lease agreement beyond 2033 or was 2033 the horizon when Stanford wanted to use the property for housing. Mr. Betts said in consultation with the City Attorney's office there had been discussions with Stanford whether or not the lease could be extended when they looked into obtaining the easement for the reservoir. City Attorney, Molly Stump it was her understanding that during the negotiations for the Stanford Hospital project the issue was raised and the City did pursue the extension. Stanford was not interested at the time and it was not included in the hospital agreement. 27 06/13/2011 Council Member Holman said that would be an indication that Stanford would not renew the lease when it expired. Ms. StUlTlP said that was the understanding at this time. Council Member Holman said during the presentation, Staff made a comment to continue working with PARC on furthering the design. The Staff Report did not indicate the process of moving forward and wanted clarification on pursuing the design. Mr. Betts said he would calion Seigfried representatives to provide the process in moving forward ·in finalizing specifications and design and ask Mr. Anderson to talk about the next steps in reviewing the project. Mr. Snyder said the next step would be to incorporate input from the City Council, City departments, PARC, and public feedback. They would evaluate any added elements and costs to the plan and move forward in putting together improvement plans for the park. Council Member Holman asked what was a typical practice in reviewing plans for a park. Mr. Anderson said Staff would go to the Arc~litectural Review Board (ARB) to get final approval on their recolTlmendations, return to PARC for approval and move forward in getting the project to 100 percent. Council Member Schmid asked whether 11 or 12-year children were scheduled to play on the field. Mr. Betts said that was not the intent at this particular field. Younger children are advised to use facilities that are surrounded by homes with not a lot of street parking and can safely be accessed by bicycle or walking. Council Member Burt said present use of the baseball field did include Little Leaguers and that would be a change in use to not allow younger children on the field. He said the bike path south of the Quarry area was makeshift bike routes started on the other side of the oval. It was a maze, dangerous and chaotic in terms of competition of bikes, vehicles, and buses. There was discussion of the getting the area redone with Stanford funds in getting connectivity and he raised a concern why that was not included in the Staff Report. He asked that be included in the record and to concentrate on the park portion. He was not in favor of extending the park into the dirt area south of Quarry area. He said the existing parking area was an oval 28 06/13/2011 between the two ball fields. He asked what prevented extending the oval towards Alma Street to add more parking. Mr. Snyder said the extension would be encroaching into Caltrain's right-of-, way and the structural section supporting the tracks and high voltage boxes located at the edge of the parking lot. There was already encroachment into the area for future restrooms and storage buildings. Council Member Burt said it appeared there was some latitude to extend the oval to allow for added parking in the area where buildings are located. He said he would advocate reexamining extending the oval. Mr. Snyder said he agreed there was some flexibility in the area. Council Member Burt asked if it was possible to move the baseball field 10 feet south to allow widening the oval for additional spaces. Mr. Snyder said there were challenges. The distance to the outField fence was short. He said a proposed wall would mass two utility boxes which were access pOints to the buried reservoir and would limit adding the extra space. Council Member Burt asked what the current zoning was. Mr. Betts said it was Parking Facility (PF) zone. Council Member Burt said PF was not necessarily recreational. Mr. Betts said that was correct. Fire stations, community centers, and libraries were zoned PF. Council Member Burt asked if zoning should be looked at for the park for retaining the land for recreational purposes. Ms. Stump said it was her understanding PF was the correct zoning for the present use. Stanford would need to pursue an amendment for future housing on the site. Council Member Burt said housing was one thing and asked if Stanford would be able to use it for other public facility functions different from the recreational park functions used by Palo Alto. Ms. Stump said she would need to get back with the information. 29 06/13/2011 Council Member Burt asked if Palo Alto would be incentivizing Stanford with Palo Alto's zoning that would cause Stanford to want to take the land back. Council Member Scharff asked if it would be hopeless to try to pursue extension of the Stanford lease agreement since they indicated they were not interested of an extension at this time. Ms. Stump said 2033 was a ways away and in recent discussions Stanford was not interested in advancing the issue at that pOint. Council Member Scharff said one of Staff's recommendation stated that the Council direct Staff to pursue a long-term lease with Stanford for EL Camino Park beyond the current June 2033 expiration date. He said the issue was confusing and needed clarification on what the Council was asked to do. Mr. Betts said that was a PARC recommendation and that Staff had not specifically gone to Stanford to ask them to reconsider. Council Member Scharff asked for pOint of clarification, was Staff asking for the Council to direct Staff to pursue the issue or not to pursue the issue at this time. City Manager James Keene said he thought the Council should direct Staff to pursue the long-term lease with Stanford. , Holman to accept S'taff recommendation to: Recreation Commission and Staff's suggested use of $1,420,50 Development Impact Fees (Impact Fees) to fund the Parks a ecreation Commission's recommended list of improvements to EI Ca . 0 Park; and 2) direct Staff to pursue a long-term lease with Stanfo or EI Camino Park beyond the current June 2033 expiration date. Council Member Scharff said PARC ha a lot of thought to the recommendation and felt the park an asset to the community. He raised concerns regarding Little uers no longer being able to play there. Mr. Betts clarified the . 'e· League park was primarily at Hoover and Middlefield Road. Li eague ma~tplay .some games at this park but it was cation and would only be used as.,.a backup. ' •• ~". '"", ... ~1'!tr'l~ ... , ''!·l-.,. ... ..:''rf~.~ in expending money' on,property control over but made it mOre 30 06/13/2011 Page 1 of 15 Planning and Transportation Commission 1 March 14, 2012 2 Verbatim Minutes 3 4 DRAFT EXCERPT 5 6 El Camino Park, between Sand Hill and Quarry Roads, Palo Alto and 10 acres near 7 Searsville and Fremont Roads in the County of Santa Clara (Special Condition Area B)*: 8 Request by Stanford University for Planning and Transportation Commission review of an 9 amendment to the 1997 Sand Hill Road Development Agreement to extend the lease on the El 10 Camino Park site for a period of nine years, from June 2033 to June 2042 and to remove 11 approximately 10.25 acres of land from Special Condition Area B. The amendment to the 12 Development Agreement would not change the environmental impacts analyzed in the General 13 Use Permit EIR. No additional environmental review is required. 14 15 Ms. Whitney McNair, Consultant: The Agreement covers land within the City of Palo Alto and 16 within the County of Santa Clara. City zoning applies to those parcels within the City limits and 17 the County’s 2,000 Stanford Community Plan and General Use Permit apply to the lands outside 18 of the City boundaries. Even though some of the land is outside of the City’s jurisdiction, it is 19 still covered by this Development Agreement and the reasoning behind that was to regulate some 20 of the timing of development along the Sand Hill Road corridor. 21 22 Development Agreements are a negotiated contract between two parties. Both parties have to 23 agree to the terms as well as any amendment. In this case the existing terms of the Development 24 Agreement are subject to tonight or subject to debate and before you tonight is a proposed 25 Amendment to the Agreement that involves two properties, the El Camino Park and an area off 26 of Sand Hill Road located in Santa Clara County known as Special Condition Area B. 27 28 Special Condition Area B is approximately 139 acres and is not within the City of Palo Alto. As 29 I mentioned earlier it’s within the County of Santa Clara and is on land owned by Stanford. The 30 area proposed for removal from Area B is roughly ten acres and is noted here in the brighter 31 orange color. I think it’s pretty clear on the screen. 32 33 The Development Agreement currently identifies the site as a possible site for housing and 34 restricts development until December 1, 2020. The time restriction does not apply to recreational 35 fields and support facilities. The proposed change to the Development Agreement would change 36 only the type of development that is allowed under the Agreement from housing to academic and 37 support uses which would then allow for development of this area prior to the December 2020 38 date. This accelerates development of this parcel by approximately nine years. Removal of the 39 property from Area B would not result in any changes to either the Community Plan or the 40 General Use permit. The County permits academic and support uses so this Amendment would 41 be consistent with their land use designations. Although the site allows for housing, no housing 42 is contemplated here and other sites designated for housing are still available and as shown on 43 the diagram within Area B there are still three other sites designated that still have a housing 44 designation on them. 45 46 Page 2 of 15 By removing the property from Area B the City is not approving any development on the 1 property. Stanford University is considering this site for a new energy center to replace the 2 campus’s Cardinal Cogeneration Energy Facility and representatives from Stanford are here 3 tonight and will be discussing this possibility in further detail. As is currently the case, all 4 approvals will remain subject to the County review and approval. 5 6 The second part of the Proposed Amendment involved El Camino Park. El Camino Park is 7 within the City limits and is the site of a new reservoir and ball fields. The land is owned by 8 Stanford and the City of Palo Alto has an existing lease with Stanford for the park. In June of 9 2011 the City Council, while they were discussing improvements to the ball field directed Staff 10 to see if Stanford would consider extending the lease on El Camino Park. The current lease 11 expires in June 2033. With this Proposed Amendment Stanford is willing to extend the lease 12 nine years from 2033 to 2042. In the Staff Report is a copy of the Development Agreement and 13 an exhibit to the Agreement is the amended lease. Representatives from Stanford as well as 14 Senior Assistant City Attorney Cara are here tonight to answer any questions you might have 15 about the lease. 16 17 There are no policy implications or resource impacts or necessary environmental review for the 18 Commission to consider. This Amendment is merely removing one property from a 19 Development Restriction nine years early to allow Stanford to consider the site for a new energy 20 center in exchange for an extension of the El Camino Ball Park lease nine years. The timing 21 allowances are roughly the same and the size of the parcels are roughly the same. Additionally 22 the City Council directed Staff to try to work with Stanford to get a lease extension for El 23 Camino Park. Staff supports the Proposed Amendment to the Development Agreement and 24 recommends that the Planning Commission provide a recommendation to City Council for the 25 approval of the Proposed Amendment. 26 27 The City Council is scheduled to consider this item at their April 9th meeting and that’s the end 28 of my presentation and representatives from Stanford are here as well. 29 30 Ms. Catherine Palter: Thank you Chair Martinez and Commissioners. My name is Catherine 31 Palter and I’m the Associate Director of Stanford’s Land Use and Environmental Planning 32 Office. As the Staff was mentioning, this Development Agreement dates back to 1997 when it 33 was approved by the voters and include the construction showed on this diagram, the widening 34 and extension of Sand Hill Road and some associated roads shown there in green, senior housing 35 in purple, the dark brown apartment housing and some expansion at the Stanford Shopping 36 Center. 37 38 As part of that was also you can see, I’m sorry the laser pointer just isn’t working on there but to 39 the left hand side is Area B which we were just discussing and to the right of your view there is 40 the El Camino Park leases. So the Area B land was included in the Development Agreement for 41 Stanford land that is located in the Sand Hill Road corridor in Santa Clara County and it places 42 development restrictions to include only allowed recreation and academic field however on about 43 37 of those acres the City did allow that housing could be built. Again, this is layered on top of 44 any restrictions that would occur as a result of County jurisdiction. 45 46 Page 3 of 15 There have been Amendments to this area already, the biggest being the location of where the 1 City did the housing. Originally the housing was allowed in a rectangular area which again I’m 2 sorry I can’t show you on this. It doesn’t read on the screen so… Okay. So originally this was 3 the area that the City said that housing would be allowed in in 1997 and in 2001 after there were 4 discussions for the General Use Permit in 2000 this piece was removed from consideration for 5 housing and this piece was added so that leaves us these 37 acres that the City said housing could 6 be constructed. The Development Restrictions placed by the Development Agreement would 7 expire at the end of 2020, a little less than nine years from now. 8 9 In addition, there was affect on the El Camino leases with the Development Agreement. The El 10 Camino Park Lease and the Depot Lease which includes the Intermodal Transit Center were 11 extended from 20 years to the year 2033. In addition at that time in 1997 the City returned the 12 Red Cross and MacArthur Park leases to Stanford and the City has a termination right for the 13 Depot Lease for the Intermodal Transit Center so that’s where we are today and the proposal 14 moving forward again affects Area B to remove this approximately ten acre parcel from the 15 Development Agreement and its restrictions and that would allow Stanford to have more 16 flexibility as it considers the citing and planning for a replacement Central Energy Facility. 17 Anything that would be proposed at this site would need environmental review and approval by 18 the County. 19 20 In the trade that the Staff was referring to would extend this ten acre parcel for a similar nine 21 years from 2033 to 2042 so again it’s kind of a swap of removal of Development Restrictions in 22 Area B of ten acres nine years early and extension of the City’s lease for the park for nine years. 23 Now I’d like to introduce Joe Stagner who is the Executive Director of Stanford’s Sustainability 24 and Energy Management Department to explain some of the new technologies that Stanford is 25 considering for a more sustainable energy supply for the campus. I also wanted to mention that 26 Bill Phillips, the Associate Vice President for Land, Buildings and Real Estate is here and we’re 27 available to answer any of your questions. Thank you. 28 29 Mr. Joe Stagner: Thank you. As Catherine mentioned I’m Joe Stagner and I’m Head of the 30 Sustainability and Energy Management Department at Stanford which includes campus utilities 31 and the ability to acquire and produce energy for the buildings and so forth. Some of you may 32 know but today we have Cardinal Cogen which is where most of the campus gets its energy. We 33 have electricity of course used in the buildings and a central district heating and cooling system 34 where we transport steam to the buildings to provide warmth and sterilization and so forth and 35 we have a chill water system of pipes that take cold water around from the central plant to 36 provide air conditioning for the buildings. Probably 95% of the campus’ energy is supplied by 37 the Cogeneration plant this way and that’s the source of the campus’ greenhouse emissions for 38 all intents and purposes so while it’s a very efficient system that was started in 1987 it still is not 39 as efficient as the things we can do today. It is the source of most of the greenhouse gas and it 40 consumes about 25% of our drinking water supply from Hetch Hetchy through evaporative 41 cooling. This is an aerial picture of the cooling towers at that facility and you can see even on 42 cool days how much heat is coming out of the cooling towers and how much water is being 43 consumed in the process. As you look at cooling towers on cool days you wonder why we’re 44 throwing away good heat we could heat buildings with and why we’re using a lot of our precious 45 drinking water in the process with these cooling towers. 46 Page 4 of 15 1 In considering that we have to have a new energy plant to eventually replace the Cogeneration 2 Plant which was built in the 80s and is about 25 years old now and nearing the end of its useful 3 life we really took a look at the total energy coming and going from our central energy plant to 4 heat the campus on every hour of the year to see if we could find some more sustainable 5 solutions. These charts show that we found a considerable overlap in the simultaneous amount 6 of heat we were making with the Cogen and sending out to the buildings and the heat we were 7 collecting from our chilled water system. So you could think of the chilled water system even 8 though its delivering cold water its really a system for collecting unwanted heat and if you think 9 if it reverse like that you realize hey, we’ve got this system that collects heat from all our 10 buildings and brings it back to a central location and then we throw it away out at cooling towers 11 and use a lot of water in the process. At the same time we’re making heat with fossil fuel and 12 sending it out for all of our buildings. So we decided to take a look at that in detail and see if 13 there’s an opportunity to do something better. 14 15 This shows in three seasons, summer, winter and the spring and fall shoulder seasons what a 16 daily profile might look like for the campus. So on the big picture on the left on a typical 17 summer day we have a cool nighttime weather here and so we have a low cooling load but of 18 course it peaks in the days, you can see on the blue line. During those same 24 hours we have a 19 constant need for heat and you may ask why that’s the case but today’s modern laboratory 20 buildings and computer rooms you have to cool air into a building going down to a certain 21 temperature to keep computers cool but then other areas that are occupied you might want it a 22 little warmer, you might want is 66 in the computer room and 72 here so you have reheat devices 23 in the air ducts that use heat to warm that 66 degree air to say 72 in here. That’s called reheat 24 process for those of you familiar with building HVAC design. 25 26 So that’s why there’s this big simultaneous need for heating and cooling of a very research 27 intensive modern campus like that and it also presents the opportunity though to take that waste 28 heat and to heat other buildings that need heat at the same time or perhaps store it overnight and 29 use it when you need it. So all those green areas show for each of the typical seasonal profiles 30 how much waste heat there is available that we can use to heat the campus rather than burning 31 fossil fuel to do it. 32 33 When you look at it over the course of a whole year you see our cooling loads over the course of 34 a year from January to December are on top and our heating loads for the campus are on the 35 bottom. The shaded area shows that if we took all the heat and the cooling heat recovery 36 potential area and redirected it, reuse, recycled it to heat the campus we can meet about 80% of 37 our heating load now using waste heat. The goal of our new sustainable energy system is to 38 create this new heat recovery energy plan powered by electricity from the grid and it will be 39 significantly more efficient than what we have today and certainly more affordably sustainable. 40 41 In summary, instead of having another say 100% fossil fuel Cogen Plant we’d have this new 42 plant and immediately cut our greenhouse gas emissions in half by reusing this energy and not 43 burning fossil fuel to make it. It allows the campus eventually to be 100% sustainable so when 44 the grid electricity supply is deemed sustainable and moved onto greener balance with the 45 Page 5 of 15 environment then so will Stanford as a essentially 100% electric campus so will Stanford be 1 empowered to be sustainable because all out thermal needs are being met by this new system. 2 3 The last thing is that given that the energy plant uses 25% of our water and we’d cut the use of 4 that water by 70% we’re actually saving 18% of the total campus water supply and so those are 5 the great benefits of the project and we hope to locate it somewhere on the north side of campus 6 over in the vicinity where the existing plant is because that’s where all the pipes and wires come 7 together on campus so its got to be in that general location. If this site is approved it would 8 facilitate perhaps putting the plant there as one of the better locations in addition to the other 9 locations we are considering along Sand Hill. And that concludes our presentation. 10 11 Chair Martinez: Okay I’m going to open the Public Hearing. We have one member of the 12 public to speak. 13 14 Vice Chair Fineberg: Herb Borock. 15 16 Chair Martinez: Mr. Borock you’ll have three minutes. 17 18 Mr. Herb Borock: Thank you Chair Martinez and good evening. I urge you to recommend to 19 the Council that they not take any action on this proposal and instead that you wait until Stanford 20 has a project before the County and if that project happens to be on this site that it can be 21 conditioned in the County on getting approval on a change to the Development Agreement. 22 Everything you just heard about the proposed Cogeneration Plant should be ignored because 23 there is no project and as the previous speaker said it may end up someplace else. You haven’t 24 seen on what’s before you where the current site is so you can compare what’s going to happen 25 to that site. 26 27 In addition, when you’re looking at El Camino Park you need to be aware of the other projects 28 that are taking place at the same time. Just two evenings ago on the City Council agenda there 29 was an item for approval of most of the City’s in lieu park funds for playing fields at El Camino 30 Park which was removed from the agenda so that Staff could revise the report to include 31 coordination with other local projects adjacent to El Camino Park. As we know Mr. Arrillaga 32 has proposed projects, a 250,000 square foot office building to be donated to Stanford and a 33 70,000 shell for a theater to be donated to I guess Theater Works but when the Council saw those 34 neither Mr. Emslie or the person sitting with the Theater Works people who looked very much 35 like Dan Garber provided any maps to show the relationship of that property to El Camino Park. 36 I took and assessed this parcel map and drew in the missing piece of the Red Cross building and 37 as you can see from the material before you there are between 50 and 75 feet between those 38 parcels and El Camino Real which is all part of dedicated park land which is El Camino Park so 39 you’re getting a proposal now to extend all of El Camino’s parks at least for a period of time 40 when if those projects come through a piece of El Camino Park is the front lawn of those two 41 projects which is supposed to be fronted on El Camino. 42 43 I think the best thing to do is follow normal planning practice and that is when Stanford has a 44 project that is defined for a specific site it should go to the County for approval and if that site 45 Page 6 of 15 requires amendment to the Development Agreement that should be one of the Conditions of 1 Approval that can be fulfilled by Palo Alto and Stanford. Thank you. 2 3 Commissioner Keller: So my first question is does it make sense to condition the use of the 4 space that’s removed from Area B as being used for a Cogen Plant and not for another use 5 without approval of the City. Is that something that is feasible? Is that something that makes 6 sense? 7 8 Ms. Silver: Cara Silver, Senior Assistant City Attorney. I don’t think that it’s necessary to do 9 that. It’s a possibility and I don’t think Staff would have any objection to that. You might want 10 to ask the Applicant if they have any objection to that since it is a negotiated Development 11 Agreement and they would have to agree to any revisions of the terms. 12 13 Commissioner Keller: Thank you. Does the Applicant want to respond to that? 14 15 Mr. Phillips: Bill Phillips with Stanford University. We’d have no objection to that Condition. 16 That would be the alternative use we would see for that site. If we decided not to use it for that 17 the lease extension would still be in effect for the City and we would not use it for anything else. 18 19 Commissioner Keller: Thank you. While you’re there I would assume this would also allow 20 you to, the current Cogen Plant is currently in the middle of the western part of campus proper 21 and so that would allow for reuse of additional academic buildings but that would be within the 22 growth cap of the current GUP. Is that right? 23 24 Mr. Phillips: That’s correct. 25 26 Commissioner Keller: One more thing. There was a member of the public who responded about 27 the closure of the bike route on Searsville. 28 29 Mr. Phillips: Correct. 30 31 Commissioner Keller: Do you have any comments on that? 32 33 Mr. Phillips: The closure of the bike route that went from basically where Sand Hill and the 34 bridge occur took a diagonal path. I would say northeast over to Searsville or excuse me Stock 35 Farm and Oak. People liked that path because it was a short cut. When the University installed 36 the golf course practice facility it did not provide for a viable bike route through there but a bike 37 pedestrian route because it would have been right in the middle of where golf balls were going 38 back and forth so the bike route was relocated around the golf facility and its quite a nice bike 39 route but it’s a little bit longer than what they were used to. 40 41 I had been asked just recently whether we would take another look at the exact location of the 42 bike route when we did our planning for whatever would occur on this area to be removed from 43 Area B and in any reconfiguration of the golf practice facility and I said I would and we will and 44 we would meet with that person as we proceed with our planning. 45 46 Page 7 of 15 Commissioner Keller: Thank you. I appreciate that and obviously that’s not directly in the path 1 of what we’re doing but I appreciate your cooperation on that matter. 2 3 Chair Martinez: While you’re up there, can I ask you to respond to Mr. Borock’s point. Why 4 would you not wait until you’re sure this is the site you want for the new Energy Center. 5 6 Mr. Phillips: I think what it really comes down to is the Application and the entitlement process 7 for a major new replacement energy facility will involve a lot of preparatory work, a lot of 8 environmental work, a lot of analysis and a significant amount of time and money in order to 9 conduct all that. We don’t want to proceed with that only to find out that there may or may not 10 be satisfaction by the City with respect to that proposal given the control they have over Area B. 11 So the proposal is to allow us to proceed with the difficult work of entitlement that will have to 12 take place with the County knowing that we have the ability to cite something in that area of 13 Area B. 14 15 Chair Martinez: So this is your preferred site? 16 17 Mr. Phillips: Yes it is our preferred site but it wouldn’t be if it wasn’t removed. 18 19 Chair Martinez: I understand. Thank you. Vice Chair Fineberg 20 21 Vice Chair Fineberg: Can we get an exact acreage on both parcels? I see it being referred to 22 approximately ten, El Camino Park maybe ten and a quarter and Area B 975. If Staff can come 23 back with that in a moment and let me continue. 24 25 In the meeting that we received minutes, Council’s meeting on June 13th of 2011 there was 26 discussion about the allowed uses on the site. This is mostly going to be directed at our City 27 Attorney. Thank you. Ms. Stump talked about the underlying zoning being PF but that housing 28 be an allowed use in the future should Stanford want to develop that but they would need to 29 amend the zoning if they wanted to build housing and then she would look at and get back to 30 Council about what other uses Stanford could make of El Camino Park should the lease expire at 31 El Camino Park. Do you know if any of that research was conducted? Do we know what 32 current use Stanford could make of that land as it is currently zoned as PF? 33 34 Ms. Silver: Yes thank you Vice Chair Fineberg. I just realized that with the new Chamber 35 configuration the code book is now locked up so I can’t look up what the uses are in the Public 36 Facility zone although Amy has a copy so we can also look that up now in real time and get back 37 to you on that. 38 39 Ms. McNair: I can answer your question about the size of the site. The Area B site is 10.25 40 acres and the El Camino Park site is 10.5 acres. 41 42 Vice Chair Fineberg: So let me just confirm. El Camino Park is 10.5 and Area B is 10.25 43 because on the map it shows it as 10.75 so I think we need, not tonight necessarily but we need 44 clarity on the acreage and that point is going to with the possibility that there is going to be an 45 incoming application by Arrillaga and Theater Works, how much land is going to be needed by 46 Page 8 of 15 that project? How much land is the City going to be asked to undedicated of that park land and 1 where I’m trying to go with that is are we swapping equivalent amounts if one starts off larger or 2 smaller and then we give up some of the park land? 3 4 Ms. McNair: Let me just pull up… Two points is I wanted to clarify on the map the property 5 showed 9.25 and I just want to make sure I know which map. 6 7 Vice Chair Fineberg: I think I said 9.75 but I may have been trying to talk fast. 8 9 Ms. McNair: So then you had a question about the area in which the City would need to request 10 undedicated for park land. That has not yet been determined because there is no application yet 11 for the project that’s being titled as 27 University. That project is looking at developing a site 12 generally in the area that is shown here but again until site plans are drawn up and an application 13 is presented the exact area of land that would need to be undedicated is yet to be determined. 14 The lease however still exists. The designation for park land is a City designation on that park 15 land and wouldn’t affect the lease. The portion of the site that may be possibly undedicated in 16 the future would be the area that is sort of next to, kind of in this area here and perhaps the area 17 that goes along the front but again that would all be considered when a future application comes 18 forward. 19 20 Vice Chair Fineberg: So forgive me if I’m unclear with my exact words but when they were 21 talking about the Comp Plan designation or zoning being PF, was that Public Facility or in the 22 minutes I think it actually even said Park Facility so I don’t have a copy of that designation. Is it 23 Public Facility or is it Park Facility? 24 25 Ms. French: The PF zone is Public Facility. 26 27 Vice Chair Fineberg: So what allowed uses would Stanford have for that if the lease at El 28 Camino were to expire and it reverted back to Stanford, what allowed uses would they have 29 without a zone change? 30 31 Ms. French: The intent of the Public Facilities is basically City land, basically City of Palo Alto, 32 County of Santa Clara, State of California governmental agency. There are instances where PF 33 is for instance Palo Alto Medical Foundation is a PF site zone but there are quite a few 34 conditional use permit entitlements and can be achieved or granted for neighborhood recreation 35 centers, outdoor recreation services, this kind of thing and the permitted uses include park uses 36 and uses incidental to park operation and basically that’s it between the two. The governmental 37 and the park uses. The rest are all Conditional Use Permits required and I can bring this up and 38 you can pass it along if that would help to see it in more detail. 39 40 Vice Chair Fineberg: If we can just at some point have clarity on the acreage of both parcels and 41 if the Chair would recognize either the Applicant or Commissioner Keller I think they have 42 feedback. 43 44 Chair Martinez: Commissioner Keller first. He’s been waiting. 45 46 Page 9 of 15 Commissioner Keller: If you look at Exhibit 1 which is Exhibit C to the Third Amendment to 1 1997 Sand Hill Road Development Agreement there is a map by BKF which lists Park Parcel 1 2 and Park Parcel 2. Park Parcel 3 being 0.691 acres and Park Parcel 1 being 9.714 acres. I did 3 the math and that comes out to 10.405 acres that reflects the El Camino Park and with respect to 4 the Stanford Special Condition Area B I don’t have any comment. 5 6 Mr. Borock: I disagree there’s a third parcel that’s marked as Parcel 2 which is 0.344 acres and 7 perhaps Mr. Phillips can either acknowledge whether that’s part of El Camino Park or not, I 8 think it is. 9 10 Commissioner Keller: Yeah I missed 0.344 acres Parcel 2. 11 12 Mr. Phillips: The referenced parcel that Mr. Borock mentioned brings you into not only the little 13 wedge that was brought into the park parcel which is just to the left of the depot parcel but also 14 the portion where the El Palo Alto stands and when you total all those up you will add up to 15 10.74 acres. So 10.75 acres. 16 17 Commissioner Keller: 10.749. 18 19 Vice Chair Fineberg: And are all those little bits and pieces in play or just portions of them? 20 21 Mr. Phillips: All those bits and pieces are in play and that includes the jug handle portion which 22 was quick claimed back to Stanford and then given back to the City under the lease at the time of 23 the rearrangement of the entrances to the shopping center after 1997. 24 25 Vice Chair Fineberg: So if I got it right then all the little pieces at El Camino Park add up to 26 10.75 acres and then do we know what the exact acreage is of the portion of Area B? 27 28 Mr. Phillips: It’s just short of 10.2 acres. Its exact acreage is measured in the analysis and we 29 come to I believe 10.19. 30 31 Vice Chair Fineberg: Thank you. 32 33 Chair Martinez: Vice Chair can you let us know where you’re going with that? 34 35 Vice Chair Fineberg: I wanted to know if all we were looking at was the number of acres how 36 the trade compared and then the impact if a portion of it was undedicated. If it started off at 37 uneven levels or just advantageous levels for either party and then the undedication pushed it 38 further in either direction and from what you’re saying we still don’t know about the 39 undedication amount but the El Camino Park is larger than the land at Area B so there’s just 40 simply a difference there. 41 42 Chair Martinez: Staff you said this but the undedicated part is not being used as park land right 43 now? Is that true? I mean it’s not part of the playing fields. 44 45 Page 10 of 15 Ms. French: My understanding is there are some utilities underground there and its being used 1 for utilities. I don’t know if there’s any more information on that. 2 3 Ms. Palter: Are you referring to the possible undedication that might occur in the future as a 4 result of the 27 University? That’s really speculative at this point. There isn’t a set of plans that 5 have even been submitted. 6 7 Chair Martinez: What do you mean? We lost a Commissioner over it. What do you mean? 8 9 Ms. Palter: We don’t have any footprints. It’s possibly that frontage area in front of Red Cross 10 and MacArthur Park and that currently is dedicated park land and it is in use as park land. 11 12 Chair Martinez: Okay. 13 14 Mr. Phillips: Can I mention one thing? The lease between the City and Stanford goes back a 15 long way. It does not include a use provision that restricts the City’s use to the parcel as only 16 park land so I think the extension of the lease applies to the lease and the use changes that could 17 take place within that extended time period are really up to the City. 18 19 Chair Martinez: Anyone else? Commissioner Michael. 20 21 Commissioner Michael: So I’m very impressed with the potential for the new energy plant at 22 Stanford. It seems it would be worth accelerating the time that you could commence this subject 23 to County approval and at a location that would be optimal. I’m a little bit distracted by the 24 symmetry between the exact acreage of the Area B and the park parcel. It isn’t clear to me that 25 the exact right trade off that’s negotiated is the exact same amount of acreage for the exact same 26 period of time. You may want to just explore what the real value there is. For example, if the 27 use of the park parcel is very attractive in terms of the University and the City is good neighbors 28 and getting closer to in perpetuity, is extended for ten years long enough? This seems to be 29 particularly since the whole study of the Rail Corridor and the diversity of uses in this area and 30 there being a real shortage and imporosity of parks, this is one that exists and it seems to be 31 enthusiastically used and enjoyed and its attractive even to people passing by on El Camino and 32 so forth so I just want to encourage people to be creative in terms of the negotiation. 33 34 I’m also curious, I didn’t quite get the details relative to the lease arrangement for the depot 35 parcels where the Intermodal Transit Center is and this again seems very central to the Rail 36 Corridor Study and a lot of the plans probably benefit again Stanford because of Stanford 37 employees and students using that transit to come to campus and then they use the shuttle. If an 38 extension of that lease might also be part of the arrangement I was just curious as to why that 39 wasn’t part of the proposal here tonight although I do think it’s an excellent proposal I want to 40 make sure that it’s struck in the interest of both parties. 41 42 Ms. Silver: If I could just respond to that question briefly, the depot parcel has been historically 43 discussed among the City and Stanford and essentially the depot parcel is really used by VTA 44 and they have built of course a bus turnaround on that parcel and then the historic building is 45 leased out to a coffee vendor and this City has essentially been serving as a middle man in that 46 Page 11 of 15 arrangement so Stanford leases the depot parcel to the City and then the City subleases it to VTA 1 and we have essentially been brokering sort of a deal and so it is not necessary that the City be 2 involved as that middle element. The City is very supportive of the depot operating at that 3 location as is Stanford and we are hoping that Stanford and VTA will take it upon themselves to 4 work out a private arrangement so that the City can terminate its lease under the terms of the 5 original Lease Agreement next year actually. If that’s not the case, if an arrangement is not 6 made the City has the ability to extend the lease further through 2033. So that certainly was 7 something that was considered and as another part of the consideration in terms of the 8 arrangement here there was a rent reduction that was factored into the equation. Thank you. 9 10 Chair Martinez: Anything else? Commissioner Keller then. 11 12 Commissioner Keller: Two more questions. One is are all of the identified 10.749 or so acres of 13 El Camino Park dedicated park land or El Palo Alto Park? Whatever it’s called. 14 15 Ms. French: I believe so. Yes, the Public Facility zoned these areas. 16 17 Commissioner Keller: Public Facility zoning is different from the City’s dedicated park land 18 according to the City’s Park Land Dedication Ordinance so I’m not asking about zoning I’m 19 asking with respect to the City’s Park Land Dedication Ordinance. 20 21 Ms. French: I could have answered that more precisely and I’m sorry about that. It is as you 22 suggest, all dedicated park land. 23 24 Commissioner Keller: Considering that that is dedicated park land and my understanding is to 25 undedicated park land or to apply park land to any use other than dedicated park land requires a 26 vote of the people, the citizens of Palo Alto in an election. Can Stanford make any use, let’s just 27 suppose on the hypothetical that in 2042 the land reverts back to Stanford. Can Stanford make 28 any use of that land other than as park land without a vote of the people? 29 30 Ms. Silver: At what point in time? After the lease terminates? 31 32 Commissioner Keller: After the lease is up, if this land is dedicated park land, can Stanford 33 make any use of the land other than park land considering that any land use change requires the 34 vote of the people. Am I off base there or am I on track to something? 35 36 Ms. Silver: The charter only allows the people to dedicate park land that is either owned by the 37 City or controlled by the City and so a long term lease would be under control of the City but if 38 the lease terminated then I don’t believe that the park land protection would still apply. 39 40 Commissioner Keller: So the Park Land Dedication Ordinance that requires a vote of the people 41 would not apply if the lease terminates? 42 43 Ms. Silver: I believe that’s the case. 44 45 Commissioner Keller: It would be helpful to explore that if that’s not the case. 46 Page 12 of 15 1 Ms. French: And if I may that’s when the zoning would kick in. 2 3 MOTION 4 5 Commissioner Keller: I realize zoning kicks in and I appreciate that thank you. I move the Staff 6 Recommendation with the restriction of the use of the land from Special Condition Area B that is 7 removed as part of this agreement be used only for a new energy plant so moving the Staff 8 Recommendation with that one restriction. Thank you. 9 10 Chair Martinez: Is there a Second? 11 12 SECOND 13 14 Chair Martinez: Commissioner Michael seconds. Do you want to speak to your Motion? 15 16 Commissioner Keller: Yes. I think this is an intriguing project. I see this as benefiting the City 17 in terms of having an assured use of El Palo Alto Park for another nine years. I see this as 18 benefiting Stanford in terms of being able to relocate the energy plant from the Cardinal Cogen 19 Plant that was state of the art when it was built but is far from state of the art now to this new 20 location. It restricts the new location for that use so if the use is to change from that then that 21 does come back to the City for further analysis. 22 23 It allows Stanford to continue its entitlement process with knowing that it can from the City’s 24 point of view be rest assured that it has the entitlements to build from the City that project. I 25 think also from the point of view of a plan for Stanford moving that industrial zone if you will, 26 the current Cogen building is right in the middle of academic buildings, allows for a more 27 sensible use of that land for academic uses within the overall 2000 general use permit for 28 Stanford so I see this as a rational thing to do and something that the Planning Commission 29 should recommend to the City Council to move forward with. Thank you. 30 31 Commissioner Michael: I agree generally with all that Commissioner Keller just outlined. I 32 would also just note that in response to the suggestion that we wait for action by the County 33 before taking this up and giving our approval now, I think that there are as I’m learning, 34 instances of the Palo Alto process that slow things down and make things difficult and I take 35 seriously the statement of intention from the representatives of Stanford that this would be their 36 plan to go forward with this facility at this location and that by coming to us first they’re not 37 looking to exploit our good relationship and on that basis I’m happy to further deepen the good 38 relationship with Stanford and appreciate the negotiation of the lease extension for the park. 39 40 Chair Martinez: Anybody else want to weigh in? Yes Vice Chair Fineberg. 41 42 Vice Chair Fineberg: As a general concept I believe the intentions of the Applicant to build a 43 more energy efficient plant are good. They are outside the legal bounds of our Palo Alto 44 incorporated planning area but just in thinking in terms of land use a project size of that site and I 45 understand our rules don’t apply to that land but a ten acre parcel that can achieve significant 46 Page 13 of 15 energy savings and water efficiencies is a good thing so I see that as it may be outside the scope 1 of the City’s control but yet a good use of land. I have reservations with the amount of 2 uncertainty about the proposed project that’s adjacent and how much park land would be 3 undedicated so there is a side of me that says while I’m in favor of approving it a pause might be 4 beneficial. 5 6 Part of Commissioner Keller’s Motion, the Condition that the land be used for the energy plant 7 answers the concern about how the parcel is used but without knowing and I’ve seen what’s in 8 the public that the project in the adjacent Red Cross area might be moving forward in three 9 months so I don’t know if there’s a way to accommodate the need of Stanford to be able to move 10 forward and not wait but kind of hedge the City’s ability to figure out what’s going on with the 11 adjacent parcel so one question I have for the City Attorney is there any way to execute the Staff 12 Recommendation but with either a Condition or a mechanism that the land agreement as stated in 13 the Staff Report would not be executed unless one condition might be if and when the 14 application for the Cogeneration Plant is either submitted or approved by the County so if it 15 failed to happen the lease wouldn’t be executed and some kind of mechanism for us to know 16 what’s going on and I don’t know how to word that and I’m not trying to create a delay but is 17 there any mechanism you could recommend… One do you think it would be better to not 18 execute the lease if there is no plant built, or I should say land swap, or two is there some way 19 for us to have some additional certainty about what’s going on in the adjacent parcel? 20 21 Ms. Silver: At this point I don’t think there is any way to have certainty about the adjacent 22 parcel given Stanford’s time requirements for the energy facility. They really do need to start 23 moving on that project and I understand that there is a small window of opportunity here and if 24 the time requirements are not met on this parcel they’ll have to look at an alternative parcel so I 25 don’t think that’s possible. Also I think that putting aside the land use issues which are really 26 only related to Area B which is in the County’s jurisdiction, if you look at this as a straight 27 contract deal the question you need to ask yourself is whether taking the deed restriction off the 28 portion of Area B is something that you would recommend to the Council and whether a lease 29 extension for even a portion of El Camino is something that would be beneficial to the City so if 30 you just look at the issue of the contract provisions I don’t know that there’s really a reason to 31 want to postpone this transaction because the City is getting something of value by facilitating 32 perhaps a cleaner facility on Area B and then also by extending the El Camino Park but certainly 33 that’s a policy called for this body and the Council. 34 35 Commissioner Tanaka: I had a few questions I wanted to ask. First one is I think the City 36 Attorney mentioned that we have the right to terminate if we want and I don’t understand why 37 the depot lease? 38 39 Ms. Silver: That’s just the depot parcel and there was an agreement that was entered into a few 40 years ago that carved out portions of the El Camino Park lease and one of those portions was the 41 depot parcel and it allowed for an early termination and the reason for that was that the City is 42 not in the business of operating a transit facility. That’s a VTA function and so the City at one 43 point took over the lease and helped with the historic renovations I believe but that policy or that 44 initiative now is completed and so really I think all parties envision that the VTA will be the 45 main player at that site. 46 Page 14 of 15 1 Commissioner Tanaka: Does that save Palo Alto money to get out of this lease arrangement? 2 3 Ms. Silver: Palo Alto passes on the rent to VTA but there is really for whatever reason it has 4 been a difficult lease to administer so there are some internal Staff costs associated with the 5 implementation of that lease. 6 7 Commissioner Tanaka: I realize this Area B is not in Palo Alto but are there improvements? 8 Does the property tax actually go to Palo Alto or does it stay with Santa Clara? 9 10 Ms. Silver: The entitlements? 11 12 Commissioner Tanaka: No the property tax? Santa Clara right? I see. Okay. For me it’s my 13 general comment and it seems to make sense for both parties so I can’t see why we would not 14 want to support this effort. Thanks. 15 16 Chair Martinez: This is kind of a first for us. Stanford is proposing a project which we all 17 support, its good for the environment and on the other hand there is an arts facility project that is 18 under completely our control and we’re expressing our doubts about. I think if we do have such 19 concerns when that project comes before us we should express them at that time and I think I’m 20 supporting the Motion that we recommend the approval of this amendment. Commissioner 21 Keller would like to add two things. 22 23 Commissioner Keller: The first is that the fact that Stanford is extending the lease of El Camino 24 Park including, I’ll call that section the pan handle if you will, that pan handle section through 25 2042. If it turns out that some of that pan handle becomes part of another project then in some 26 sense any reversion of that land to some other use removes value from Palo Alto perhaps and 27 Palo Alto would then presumably get compensated so extending the lease for another nine years 28 on that pan handle that does Palo Alto no harm and perhaps some good. 29 30 Secondly, continuing the Cal Train Depot Lease means that Palo Alto has more control even 31 though there is Staff effort involved. Palo Alto has more control over what happens at the 32 intermodal station. It means if there is a potential future use of putting say as part of the 33 undergrounding of Cal Train a hotel, multimodal station facility there with retail and hotel or 34 something like that that we’ve talked about as a possibility there’s a possibility that Palo Alto 35 would gain some revenue from that, that the lease was directly from VTA they would gain more 36 revenue from that so it would give us more control on the potential land use and revenue from 37 that. I think both of these are good things to continue. Thank you. 38 39 VOTE 40 41 Chair Martinez: Those in favor say Aye. Aye. And none opposed. The Motion passes 42 unanimously with Commissioner Michael, Keller, Martinez, Fineberg, Tanaka voting in support 43 and Commissioner Tuma recusing himself. Thank you all very much and good luck with the 44 project. 45 46 Page 15 of 15 MOTION PASSED 1 2