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HomeMy WebLinkAbout2000-01-18 City Council (14)TO: FROM: City of Palo Alto City Manager’s Report ....... HONORABLE CITY COUNCIL ,CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE: SUBJECT: JANUARY 18, 2000 CMR: 108:00 AMENDMENT TO THE LEASE FOR EL CAMINO PARK BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY AND THE ~ASSIGNMENT AND ASSUMPTION OF SUBLEASES FOR THE RED CROSS, SHERATON HOTEL AND MACARTHUR PARK RESTAURANT RECOMMENDATION Staff recommends that Council approve the Fifth Amendment (Amendment) to the 1915 Lease between the Board of Trustees of the Leland Stanford Junior University (Stanford) and the City of Palo Alto (City) for El Camino Park and the Assignment and Assumption of the Subleases for the Red Cross, Sheraton Hotel and MacArthur Park Restaurant. (Assignments). The Amendment and Assignments implement provisions of the 1997 Development Agreement between Stanford and the City for the Sand Hill Corridor Project. BACKGROUND The City and the Board of Trustees of Stanford are the parties to a lease for El Camino Park, dated June 10, 1915, as amended by the First through Fourth Amendments to the Lease (Lease). The current Lease includes land that is park- dedicated, known as El Camino Park; as well as the areas the City subleases to the Sheraton Hotel, MacArthur Park Restaurant, Red Cross and the Valley Transportation Authority (the train depot area). On June 30, 1997, Council approved the Development Agreement between the City of Palo Alto and the Stanford Board of Trustees Stanford (CMR:301:97) for the Sand Hill Corridor Project. The Sand Hill Corridor Project includes the Stanford West apartment housing and senior housing, the Stanford Shopping Center expansion and the Sand Hill Road widening and improvements. CMR:108:00 Page 1 of 3 DISCUSSION : : The Development ~ ’Agreement provides for a new ~arrangement ensuring an extended lease of the park-dedicated areas of the E1 Camino Park open space and recreational fields by the City, in exchange for returning other parts of the lease (including Red Cross, Sheraton Hotel, and MacArthur Park Restaurant) to Stanford. Under the Development Agreement, the following changes become effective when the first building permits are issued for the Stanford West apartment or Stanford West senior housing projects: 1) the leased properties_,. except for the dedicated parkland and the train depot area revert back to Stanford; 2) the lease for the dedicated parkland is extended from 2013 to 2033 at a rent of one dollar per year with no change to the rent for the. train depot area; and 3) the lease for the train depot, area (see map att~ached as Exhibit H-2) is extended to 2033,and remains under-the current terms and conditions, including the right toe terminate as of 2013.~ Stanford-was issued the first buildingpermit, on October 12, t999. In accordance with the Development Agreement, the attached Amendment inciudes these changes to the Lease. To complete the new arrangement, the City must assign its subleases for the property excluded from the Lease. The attached three Assignments will assign to Stanford the City’s rights, title "and interest in the subleases, respectively, for the Red Cross, Sheraton Hotel and MacArthur Park Restaurant, and Stanford will assume the City’s obligations under the subleases. RESOURCE IMPACT The new lease arrangement will have a positive fiscal impact for the City. Based on assumptions outlined on pages 13 and 14 of the June 30, 1997 staff report (CMR:301:97, "Findings and Conditions of Approval for the Stanford Sand Hill Corridor Projects"), the value to the General Fund in non-present value dollars for the lease, arrangement, which includes the 20-year extension to the ’lease for dedicated parkland, is estimated to be $26.3 million. POLICY IMPLICATIONS - The Lease Amendment and Assignments are consistent with City policies and past Council action. TIMELINE If approved by Council, the attached Amendment ahd Assignments will become effective as of October 12, 1999. ENVIRONMENTAL ASSESSMENT The environmental impact report (EIR)~ was certified as adequate by the City Council on June 30, 1997. CMR:108:00 Page 2 of 3 ATTACHMENTS Attachment A: ,Fifth Amendment to Lease ~ Attachment B: Assignn~.ents and Assumptions of Subleases PREPARED BY: Donna Hartman, Financial Analyst DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: Directctr, Administrative Services Assistant City Manager cc: Stanford Land Management CMR:108:00 Page 3 of 3 ATTACHMENT A Fifth Amendment to Lease This Fifth Amendment to ~@~iSe (the "Amendment") is made and entered into as of , 1999 by and between the BOARD OF TRUSTEES OF THE .LELAND STANFORD JUNIOR UNIV~ERSITY, a body having corporate powers under the laws of ’ the .State of California ("Lessor"), and THE CITY OF PALO ALTO, a California municipal corpor~,tion ("Lessee") . A. Lessor and Lessee are the parties to that certain lease dated June i0, 1915, as ~amended by the First through Fourth Amendments to the Lease (collectively, the "Lease"), pursuant to which Lessee leases from Lessor those certain parcels of land (the "Leased Premises"), being a portion of the lands of the Leland Stanford Junior University, as more particularly described in the Lease. -. B. Lessor and Lessee now desire to further amend the Lease ~to implement the terms of that certain Development Agreement dated August 14, 1997, between the parties hereto (the "Development Agreement"). NOW, THEREFORE, the parties hereby agree to amend the Lease as follows: I. Modification of the Leased Premises. In accordance with the Development Agreement, the Leased Premises are hereby defined and so modified to include only (I) ~those portions of the Leased Premises that are currently dedicated for park purposes, pursuant to, and as described in Section 22.08.230 of the Palo ~Alto. Municipal Code (the ~Park"), and (2) that portion of the Leased Premises which includes the train depot area, (the "Depot"), both as more particularly identified and described on the attached Exhibit "H-2". The~property to be excluded from the Lease (the "Excluded Property") is also shown on Exhibit "H-2". 2. Extension of Lease Term. The term of the Lease is hereby amended to extend to June 30, 2033; provided, however, that Lessee shall have the right to terminate the Lease as to the Depot only as of February 26, 2013, and assign any subleases it then has with respect to the Depot to Stanford. Lessee will endeavor to provide ninety (90) days prior written notice of its intent to terminate the Lease; provided, however, that failure to do so shall not affect Lessee’s right to terminate. 3. Rent. As of the effecti.ve date of this Fifth Amendment, the rental rate for the Park shall be One Dollar ($I.00) per year, for the remainder of the Lease term. There shall be no change to the rent for the Depot. 4. Effective Dat@. This Fifth ’Amendment shall be effective as of October 12, 1999, the date Lessor is issued the first building permit for either~the Stanford~West Apartment Project or the Stanford West Senior Hous±sg~:~roject, in accordance with the Development Agreement. 5. Assignment of Subleases. To effec~ .~h~ purpose of this Amendment, ~e~se~ shall~ assign to Lessor any subleases ~t now has with respect to the Excluded Property, and Lessor agrees to accept such assignments. 6. ~iEffect 0f Ameldment. ~ Except as modified.~ by this_ Amendment, the Lease shall remain in full force and effect. - ~ IN ~W~T~ESS WHEREOF~~ t~e parties have executed th~~ Fi~fth Amendment to Lease as of the date first ab6ve written. ~ CITY OF PALOALTO, a mgnicipal corporation THE BOARD OF TRUSTEES OF THE LELAND STANFORD’JUNIOR UNIVERSITY Mayor ATTEST: City Clerk By: The Stanford Management -Curtis Feeny, ~ve ~ Vice President,~ Estate APPROVED AS TO FORM: Senior Asst. City ~ttorney RECOMMENDED FORAPPROVAL: City Manager Manager, Real Property ATTACHMENT B 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 Governmen>t Code After Recordation, mail to: OFFICE OF THE CITY ATTORNEY 250 Hamilton Avenue Palo Alto, CA 94301 Project:CMI/2-99/I MacArthur Park.Assignment ~ASSIGNMENT AND ASSUMPTION OF ’SUBLEASE THIS ASSIGNMENT AND .ASSUMPTION OF SUBLEASE, dated as of October 12, 1999, is by and between the CITY OF .PALO ~ALTO,. a California municipal corporation ("Assignor’l) and the BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State. Of California ("Assignee"). RECITALS A. Assignor and Assignee are the parties to that certain lease dated June i0, 1915, as amended bythe First through Fifth Amendments to the Lease (collectively, the "Lease"), pursuant to which Assignor leases from Assignee certain portions of the lands of the Leland Stanford Junior University, as more particularly described in the Lease. B. Assignor and Assignee are also parties to that certain Development Agreement, dated August 14, 1997 ("Development Agreement"). In accordance with the Development Agreement, the parties entered into the Fifth Amendment to the Lease, Under which amendment, certain real property, commonly known as 27 University Avenue, Palo Alto, California, more particularly described in Exhibit "A", attached hereto and incorporated herein (the "Sublease Property"), formerly leased to Assignor, was excluded from the Lease. C. Assignor subleases the Sublease Property under that certain sublease dated as of March 23, 1981, by and between William 1 990902 sd10032245 COx, Jr., assigned on November 5, .1982 to _Spectrum Foods, Inc. and Assignor (the "Sublease"). D. In accordance with the Development Agreement, Assignor deiires to assign to Assigneg~iall of its interest as the sublessor. under, the Sublease, and Assi~n~ desires to accept the assignment thereof. !~ ~.~ NQW, THEReFORe, for mutual valuable consideration, the receipt ~and adequacy of which are hereby acknowledged, the parties hereby agree as follows: Io Assignor hereby assigns to Assignee all of Assignor’s right, title and interest as sublessor in, to and under the Sublease, and agrees to indemnify, def@9d and hold Assignee harmless from and against .any and all losse~, costs; claims, damages, liabilities andexPenses, including withou~ limitation,reasonable a{torneys’ fees and expenses, arising out of Assignor’s obligations under the Sublease and-originating prior to the date of this.Assignment. 2. Assignee. hereby assumes all of the sublessor’s obligations under the Sublease, and agrees to indemnify, defend and hold Assignor harmless from and against any and all losses, costs, claims, damages, liabilities and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of the sublessor’s obligations under the Sublease and originating prior to the date of this Assignment. 3. In the event of any litigation between Assignor and Assignee arising out of the obligations of the parties under thi’s Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party’s costs and expenses of such litigation,.incl~ding, without limitation, reasonable attorneys’ fees and expenses. 4. This Assignment shall be binding on and inure to the benefit of the parties hereto, their heirs,executors, administrators, successors in interest and assigns. 5. This Assignment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. // 2 990902 sd10032245 TN WXTNESS WHEREOF, the parties hereto have duly executed this Assignment as the date first above written. CI~TY OF PALO ALTO, a municipal corporation ~ ; ~~,~ ~: Mayor City Clerk APPROVED AS TO FORM: Senier Asst. City httorney THE BOARD OF TRUSTEES,OF THE LELAND sTANFORD JUNIOR UNIVERSTITY By: T’he, Stanford Management Compa~ny ’ ¯ Vice President--ate RECOMMENDED FOR APPROVAL : City Manager Manager, Real Property 990902 sd10032245 3 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code ~ 1189) COUNTY OF %o_~- ~ ).,.-- On ~. k% , 199~, before me, ~ ~ , a Notary Public in and for said County and ~tate, personally appeared , personally known to me or proved to me on the basls 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. WITNESS my hand and official seal. Signature of Notary"Public 990902 sdl 0032275 EXHIBIT STREET REAL: 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 Governm~ode After Recordation, mail to: OFFICE OF THE CITY ATTORNEY 250 Hamiiton Avenue Palo Alto, CA 94301 Project: 5/1-99/2 Sheraton Assignment ASSIGNMENT AND ASSUMPTION OF SUBLEASE THIS ASSIGNMENT AND ASSUMPTION OF .SUBLEASE, dated as of October 12, 1999, is by and between the CITY OF PALO ALTO, a California municipal corporation .("Assignor") a~d .the BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers Under the laws of the State of Califo~rnia ("Assignee"). RECITALS A. Assignor and Assignee are the parties to that certain. lease dated June I0, 1915, as amend4d by the First through Fifth Amendments to the Lease (collectively~ the "Lease"), pursuant to which Assignor leases from Assignee certain portions of the lands of the Leland Stanford ~unior ~University, as more particularly described in the Lease. B. Assignor and Assignee are also parties to that certain Development. Agreement, dated August 14, 1997 ("Development Agreement"). In accordance with the Development Agreement, the parties entered into the Fifth Amendment to the Lease, under which amendment, certain real property, commonly known as 625 E1 Camino Real, Palo Alto, California, and more particularly described in Exhibit "A", attached hereto and incorporated herein (the "Sublease Property"), formerly leased to Assignor, was excluded from the Lease. C. Assignor subleases the Sublease Property under that certain sublease dated as of June 30, 1971, by and between Pacific Hotel Development Venture, a joint venture assigned on August 20, 990902 sd10032273 1998 to Pacific Hotel Development Venture, LP and Assignor (the "Sublease") . ~ ...... ~ ~ ._ ~ D. In accordance with ~h~ De~10pment Agreement, Assignor desires to assign to Assigne#!a~.l of its interest as the sublessor under the Sublease, and Assigde~-desires to accept the assignment thereof, _..- ~..,~ . ~ NOW, THEREFORe, f~- mutual valuable cohsideration, the receiPt and adequacy of which are hereby.acknowledged,~the parties hereby agree as follows: I. Assignor hereby ass.±gns to Assignee all of Assignor’s right,, title an~ interest as sublessor in,,..to and ~under the Sublease, -~a~d ~grees ~o ~in~emnify, -~defend and hold Assigneeharmless from "i~d agaihst.~.~n=~~ and al~ losses, cost~, claims, .damgge~, liabilities and expenses, includihg without-limitatibn, reasonable attorneys’ fees and expenses, arising out ofAssignoZ’s obligati~ons’u~der the Sublease andbriginating prior to the date of this Assignment.~ 2. Assignee hereby assumes all of the sublessor’s obligations under the Sublease, ~and agrees to indemnify, defend and hold Assignor harmless from and against any and all losses, costs, claims, damages, liabilities and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of the sublessor’s obligations under the Sublease and originating prior to the date of this Assignment. 3. In the event of any litigation between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party’s costs and expenses of such litigation, including, without limitation, reasonable.attorneys’ fees and expenses. 4. This Assignment shall be binding on and inure to the benefit of the parties hereto, their heirs,executors, administrators, successors in interest and assigns. 5. This Assignment may be executed in one or more counterparts, each of which Shall be deemed an original, but all of which shall constitute one and the same instrument. // 990902 sd10032273 IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment as hhe date first above written. CITY OF PALO ALTO, a municipal~ corporation THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUN I OR Mayor ATTEST: By." Th~ Stanford Management By: Cur t i ~---~eny~ut~e Vice Pr e s i dergt~-R~a~E s taie City Clerk APPROVED AS TO FORM: Senior Asst. City A~torney RECOMMENDED FOR APPROVAL : City Manager Manager, Real Property 990902 sd10032273 STATE OF COUNTY OF , 199~, before me,__ ~ ~ ~ ~_, a Notary Public in and for said County and State, p~rso~ally appeared __ ., personally kn6wn to me or prov~d to me on the bas~s of satisfactory evidence to b~ the person(s) whose name(s) is/are subscribed to the .within instrument and acknowledged to me that he/she/t~ey executed the same in his/her/their authorized capacity(fes), and that by ~is/her/their signature(s) on the instrument the person(s), or the enhity, upon behalf of Which the person(s), acted, executed the instrument. WITNESS my hand and official seal. ELLEN SMITH COMM. # 1200590 NOTARY PUBLIG-CALIFORNIA SAN MATEO COUNTY Signature of Notary Public 4 990902 sd10032275 EXHIBIT.. "A" DESCRIPTION BEGINNING at .a concrete mon~ent in the southwesterly line of E1 Camino Real opposite states’Highway Engineers Station 18+15.24; thence No 43° 15’ E. 50.00 feet to, the centerline of said State Highway; thence S. 46° 45" E. alon~ Said centerline 48.00 feet; thence N. 43° 15’ Eo 74.41 feet to a point,on the northeasterly line ~of said Highway; thence S. 51° 13’ 12" E. along said northeasterly line of.said Highway and its prolongation 756.38 feet to an angle point; thence S. 35° 36’ 26" E. along the prolongation of said northeasterly line 60.08 feet to the true point of beginning; thence continuing S. 35° 36’ 26" E. along said northeasterly line 633.40 feet; thence leaving said northeasterly line N. 70° 48’ 12" E. 542.81 feet to a point on the southwesterly line of the Southern Pacific Railroad Company right-of-way; thence N. 51° 41’ 59" W. along said southwesterly.right-of-way line 923.22 feet to a point on the southeasterly line of the Southern Pacific Railroad - University Avenue Undercrossing right-of-way; thence southwesterly along said southeasterly line along a curve to the right, having a radius of 380.00 feet, which radius point, bears N. 77" 14’ 32" W.-from said last named pbint,, through a 6entral angle, of 29° 12’ 05" for an arc length of 193.67 feet to point of compound curvature; thence continuing southwesterly along a tangent curve to the right having a radius of 68.00 feet, through a central angle of 32° 16’ 34" f6r an arc length" of 38.31 feet tO a point of reverse curvature; thence southeasterly along the arc of a reverse curve to the left having a radius of 50.65 feet, through a central angle 70° 35’ 56" for an arc length of 62o41 feet to the true point of beginning, .containing 6.687 acres, more or less, and being a portion of the Rancho Rinconada del Arroyo de San Francisquito, situated in the City of Palo Alto, County of Santa Clara and State of California. releases/holidescp . EXHIBIT AI EXHIBIT EXHIBIT A2 This document is recorded for the benefi~ of the City of Palo Alto and is entitled to be recorded free of charge in accordance with Section 6i03 of the Governme~"~.Code After Recordation, mail to:¯ OFFICE OF THE CITY ATTORNEY 250 Hamilton Avenue Palo Alto, CA 94301 Project: CM 1/2-99/3 Red Cross Assignment ASSIGNMENT AND ASSUMPTION oF SUBLEASE THIS ASSIGNMENT AND" ASSUMPTION OF SUBLEASE, dated as of October 12, 1999, is by and between the CITY OF PALO ALTO, a California. municipal corporation .("Assignor") and the BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body.having borporate powers under the laws of the State of California ("Assignee"). ~ RECITALS A. Assignor and Assignee are the parties to that certain lease dated June i0, 1915, as amended by the First through Fifth Amendments to the Lease (collectively, the "Lease")’, pursuant to which Assignor leases from Assignee certain portions of the lands of the Leland Stanford Junior University, as more particularly described in the Lease. B. Assignor and Assignee are also parties to that certain Development Agreement, dated August ~14, 1997 ("Development Agreement"). In accordance with the Development Agreement, the parties entered into the Fifth Amendment to the.Lease, under which amendment, certain real property, commonly known as 400 Mitchell Lane, Palo Alto, California,~ and more particularly described in Exhibit "A", attached hereto and incorporated here±n (the "Sublease Property"), formerly ~leased to Assignor, Was excluded from the Lease. C. Assignor subleases the Sublease- Property.under that certain sublease dated as Of December 29, 1976,’ by and between Palo 1 990902 sd1003.2275 Alto Area Chapter of the American National Red Cross and Assignor (the "Sublease"). -D. In accordance wfth the Development Agreement, Assignor desires to assign ~o Assignee""~i~.,~of its interest as the sublessor under the Sublease, and Assign4e"desi~es to accept the. assignment thereof :’~ " ’ NOW, TRER~FO~, for mutual valuable consideration, the receipt and @dequacy of which are hereby acknowledged, the parties hereby agree as follows: I., Assignor hereby assigns to Assignee all of ~Assignom!s right, title and- interest as sublessor in, to and under the Sublease, and agrees .~to~-~indemnify, defend and hold Assignee harmless from ~and_ agains% any and all losses, costs, claims, damages, liabilities and expenses, ~includidg~without limitation, reasonable atto~neys’~fees and expenses~, ~ri~sing out of Assi$~or’s obligations under the Sublease and originating’~rio~ to’the date of this Assignment. 2. Assignee hereby assumes all -of the sublessor’s obligations under the Sublease, and agrees to indemnify, defend and hold Assignor harmless from and against any and all losses, coshs/ claims,~ damages,~ liabilities and expenses, including without limitation, reasonable attorneys’ fees~and expenses, arising out of the sublessor’s obligations underthe Sublease and originating prior to the date of this Assignment. .~ 3. In the event of any litigation between Assignor and Assignee arising out of the obligations of the parties under.this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party’s costs and expenses of such litigation, including, without limitation, reasonable.attorneys’~ fees and expenses. 4. This Assignment shall be binding on and inure to the benefit of the parties hereto, their heirs,executors, administrators, successors in interest and assigns. 5. This Assignment may be executed in one or more" counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. // 2 990902 sd1003227:5 IN WITNESS WHEREOF, the parties hereto ~hav~e duly executed this Assignment as the date first above written. CITY’ OF PALOALTO, a municip~i:,j:,~,~ THE BOARD OF TRUSTEES OF THE corporation Mayor ATTEST : City Clerk APPROVED AS TO ,FORM: Senior Asst. City Attorney LELAND STANFORD JUNIOR VERST ,T By: The Stanford Management RECOMMENDED FOR APPROVAL: City Manager ,Manager, Real Property 3 990902 sd| 0032275 CERTIFICATE OF ACENOWLEDGMENT (Civil Code ~ 1189) On ~. ~ , 199~,- before me, ~ ~ , a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the ..within instruraent 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. WITNESS my hand and official seal. COMM. # 1200590 ORNIASAN MATEO COUNTY COMM. E,XP. DEC. 2, 2002 Signature of Notary Public 4 990902 sd10032275 EXHIBIT "A" LEOA L DEscRIPTION Area Leased to P~LO’ALTO AREA .~,HAPTER OF THE AMERICAN RED CROSS All thai"r’eal propert~ in- the City. of Pal~. A’lto, State of California, descr:ibe~!.a~ follo:w’s: . County of Santa Clara, COMMENCING ~t the intersection of the southwesterly line of the S, outher.n Pacifi,c Railroad Company’s rightrof-way, 230 feet in ’ width, (as described in that certain easement of Leland Stanford to the Southern Pacific Railroad Company, dated November 23, ,~,89,g,~and recorded October Z8, 1915, in Volume 435 of~Deeds at pa~e Z44,~,Santa Clara County Records, ~n which the bearin~ of said hne ~s called North 51 Z8. ~est, w~ch line is also the southwesterly’lin~ of tha~"certain easement (Palo Alto Agreement No. ZZ4) granted by the S’outhern Pacific Railroad Company to the .City of Palo Alto~byAgreement dated October 2, 1939, and recorded November Z7, 1939 ~ Book 954 of ~fici~lRecords, page 567, Santa Clara County Records~ with the center line of University Avenue produced southwesterly, as said University Avenue exists 75 feet in width (said intersection being the most easterly point .of Parcel 1 as described in that certain lease of the Board of Trustees of Leland Stanford Junior Uffi~ersity to the City of Palo Alto (Palo Alto Lease No. 3) dated June 10, 1915 and recorded by Stanford University on Sept4mber 23, 1915, in Vol. P of Leases page 333 et seq., Santa Clara Co~ty Records, in which the bearing of said line is called North 51 ~45’ West); thence North 51 "45’ West along said southwesterly line a distance of 467.50 feet to ~e inter- section of.saidl~e’ of right-of-way with the center line of Lytton Avenue (prolonged); thence South 38" 15’ West, along said center line of Lytton Avenue (prolonged), a distance of 81.00 fee~ to a point on the southwesterlymost line of Parcel No. Z, City of Palo Alto Agreement No. 46, dated October Z, 1939 ~nd recorded October 30, 1939 in Book 951 of Official Records, page 580, Santa Clara County Records, which point is the true point of commencement; thence South 51 ~45’ East, along said southwesterlymost line, a distance of ZS. 00 feet; thence South 38~ 15’ West a distance of 1Z0.00 feet; thence North 51 "45’ West a distance of Z00.00 feet; thence ~North 38 ~ 15’ East a distance of 1Z0.00 feet to a point on the above mentioned southwesterlymost line of Parcel No. Z; thence South 517 45’ East a distanceof 175.00 feet along said line to the true point of commencement, dontaining an area of 0.551 acres, more or less. EXHIBIT