HomeMy WebLinkAbout0106.094I t ,
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January 13 1 1994
HONORABLE CIT~ COUN~IL
Palo Alto, California
l.LD J(UA eqnUI -lloIfflRHEWAL or OPE'K-StACI EAS~
Members of t-~e Council~
hpgrt ill Brief
The purpose of this report is to inform the council of the
nonrenewal of an open-space easement on a portion of the cemetery
property owned 'by Alta Mesa Improvement Company. This is an
inforaation report only and no council action is re~~ired.
Rackqr0UJl4
On February 27, 1978, the Paclo Al to city council adopted Resolution
Mo. 5521 in accepting an open-space easement from Alta Mesa
I.provement company (Alta ~esa) for approximately thirteen acres of
ce.etery land (currently an open tield and orchard) along the
xiranda Avenue frontage on the southeast side of Arastradero Road.
The thirteen acres of land was divided into thr~e equal parcels,
Parcels A, Band C (see attached map} 4
On August 13, 1993, the City Manager receivQd a letter from Alta
Mesa qivinq notice that it does not wish to renew the '~4-acre
Parcel A portion of the open-space easement.
_ORr_A ... ! of OPen-space SBsesent
The open-space easement granted by Alta Mesa was p!Jrsuant to
california Government Codes which allow property owners tax
benefits in exchanqe for open-space easements. The easement
restricts use of the property to_ aqricultucal and cemetery use,
except .ausoleWIIs and columbariums (vaults for'" urns containing
ashes of the dead) 4 No structures may he erected and no monuments
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installed except headstones level ~ith the &u~face of the lawn 4
The term of the easement was for a period of ten years commencing
Jan'llary 1, 1978, and is automatic"!lly extended for one additional
year on January 1 of each yea~ commencing with January 1, ~979,
unless notice of nor-renewal is given. It a landowner :desires in
any year not to renew an open-space easement, the written notice of
nonrenewal will be effective if qiven .at lt~ast ninety days in
advance of the annual renewal date.
By latter to the City Manager dated August 10, 1993, Alta Mesa has
provided written notice of nonrenewal of ~he Parcel A easement.
Tberefore, the tarm of the Parcel A open-space easement will expire
on December 31, 200). The Parcel Band C portions of the open
space Easement remain unaffected~
The area within open-space easement Parcels A, B and C is currently
an open .field and orchard. Alta Mesa's intent in removing the
open-space easel!lent restrictions on the Parcel A portion is to
develop the ar-e.a as a cemet~ry which may have structures and.
monuments above the level of the surfac.e of the lawn.
Respectfully submitted,
'1j~
JANET FREELAND
Senior Financial Analyst
1tJb' 0 . CLzJ.0·
LY HARRISON
Direc or Of~ __ ~
CC: Alta Mesa Improvement Company
J. Anthony Villanueva, Lakin Spears
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