MINUTE IT:EM 6/23/71 LHG

3. PUBLIC AGENCY i-'ERMIT AND INTERIM AGR:l!,"'EMENT PRESl!.'!RVING THE RIGHTS OF ALL PARTIES

1 SWAMP A~~D OVERFLOW LANDS 1 SANTA CLARA COUNTY,; COUNTY OF SANTA CLARA

AND CITY OF PALO ALTO - W 8911, PRC 4598.9.

After consideration of Calendar Item S attached, and upon motion duly made and carried, the following resolution was adopted:

THE COMMISSION:

l. AUTHORIZES rHE EXEClYrION OF AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND SANTA CLARA COUNTY, SAID AGREEMENT BEING ON FII.B IN THE OFFICE OF THE STATE LANDS COMMISSION AND MADE A PART HEREOF BY REFERENCE THERErO. 8~In AGREEMENT WILL PROVIDE FOR THE ORDERLY DEVELOPMENT OF CERTAIN LANDS IN THE COUNTY OF SANTA CLARA DESCRIBED IN EXHiliITS "Au AND 11B11 A'l:rACHED AND BY REFERENCE MADE A PART HEREOF, SUBJFX!T TO A DISPUTE OF T?:TLE.

2. AUTHORIZES THE STATE LANDS DIVISION AND THE ATIORNEY GENERAL 1 S OFFICE TO TAKE OTHER STEPS N.EX.!:ESSARY IN RESOLVING THE TITLE DISPUTE TO THE BES'I' INTERESTS OF THE STATE OF CALIFORNIA, THE COUNTY OF SANTA CLARA, AND THE CITY OF Pf:J./J ALTO_,

Attachment: Calendar Item 6 (4 pages)

CALENDJ~ lTEM

PUBLIC AGENCY PERMIT AND INTERIM AGREEMENT PRESERVING THE RIGHTS PF ALL PARTIES

6/71 w 8911

LHG

In the 1920's and 1930's the City of Palo Alto acquired a number of parcels in Santa Clara County that were derived from State Swamp and Q11erflow Patentso Navigable bodies of water

1 namely, Mayfield Slough and San Francisquito Creek,

meandered throughout the aggregate parce.lso In the time since acquisition of these parcels, rather haphazard development has occurred on the prope~ties, and assorted dredging and filling have been conducted, so that today the natural water;~ays are obscured and in many places are filled and suitable for construc­tiono Past developments within the area have been of such a character that loan mcney was not necessary for financingo

On March 27, 1967, the City cf Palo Alto leased a portion of its lands to th~ County of Santa Clara for airport. purposeso Following that, on October 10, 1967, the City leased additional lands to the County for yacht-harbor purposeso Since the inception of these leases, the County has endeavored to upgrade the cl-iarl:tcter of. the facilities located on these parcel so The County issued lenses in 19.G9 and 1970 to Nystrom Aviation Corporation, Palo Alto Aviat'ion, Inco, and Encinal Park, Inco These leases call for expensive improvements that will require financingo Preliminary title rF..ports for the .purposes of financing show exceptions regarding the State's interests in Mayfield Slough and in San Francisquito Creeko

Neither the City of Palo Alto, the County of Santa Clara, nor the State has the time available to research the title problem to vuch an extent that an agreemP.nt and exchange could be eompleted within the limits set in the development contractso Although a permanent settlement of th~s problem would be desirable, it is felt that this interim a.greeme~\t is necessary to avoid litigation involving not only the State, the City of Palo Alto, and the County of Santa Clara, but also those private partiEs involved in the airport develop~ ment prdjecto

In order to avoid this litigation and to allc.11 orderly development of the prqperty, the Division proposes a lease to the County of Santa Clara that contains the following conditionso

lo The rights of the parties to the agreement will not be prejudiced by the agreementu

2o The consideration for the permit will be the publ'.ic benefito However, the State reserves the right to review the consideration.at any time and to set a monetary rental if in the ·best intert\sts of the Stateo

3o The lond shall be used for the construction, operation, and maintenance of a yacht harbor, airport, and related fe~ilitieso The State (State Landa Commiseion) will approve the exieting subleases to Nystrom Aviation Corporation

1 Pal9 Alto Aviation, Inca, ~nd Encinal .Park, Inco

.1 ...

CAT.1ENDAR ITEM 60 (CONTD.,) ~··-··

4o All future subleases will require prior approval of the Conunissiono

So Any revenue accrued under the petmit will be expended on the premiseso

60 The County will agree to indemnify the State for an~r loss or liability arising from the use of the propertyo

7o The County will comply with all rules and regulations now in effect or hereafter promulgated by any agency of the State of Californiao

80 The State will agree that it will not exercise its ri.ght to surface entry for mineral extraction on three small parcels (as shown on

Exhibit 11D11 )o

9a The maximum term of this agreement will be 46 years and 4 months beginning June 2, 19710

A copy of the proposed agreement is on file in the Sacramento Office of the State Lands Diviaiono The agreement and the entire transaction hav·e been reviewed and approved by the Attorney General, who has written a letter of opinion stating that this transaction is exempt from the requirements of an et~ironmental impact report as set forth in Section 6371 of the Public Resources

Codeo

IT IS RECOMMENDED THAT THE COMMISSION:

lo AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND SM1TA CLARA COUNTY, SAID AGREEMFNT BEING ON FILE IN THE OFFICE OF THE STATE LANDS COMMISSION AND MADE A PART HEREOF BY REFERENCE THERETOo SAID AGREEMEN~ wu.L PROVIDE FOR THE ORDERLY DEVELOPMENT OF CERTAIN LANDS IN THE COUNTY 01' SAN'l'A CJ.ARA DESCRIBED IN EXHIBITS "A" AND

11 B11 ATTACHED AND BY REFERENCE MADE A PART HEREOF, SUBJECT TO A DISPUTE OF TITLEo

2o AUTHORIZE THE STATE LANDS DIVISION AND THE ATTORNEY GENERAL'S OFFICE TO TAKE OTHER STEPS NECESSARY IN RESOLVING THE TITLE DISPUTE TO THE BEST INTERESTS OF THE STATE OF CALIFORNIA, THE COUN1'Y OF SANTA CLARA, AND THE

CITY OF PALO ALTOo

Attachments: Exhibits 11A11 and "B"

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EXHIBIT "A"

PALO AL'rO YACHT HARBOR

All that land in the Ci'Y of Palo Alto, ~anta Clara County, California, shown as Parcel "A" on revised Exhibit 11 B", dated August 15, 1967, said land described as follows:

BEGINNING at the most easterly corner of Parcel "A" on Exhibit "A", dated. May 2, 1966, thence along the north­easterly line of Parcel 11A" the following courses: Nor'th 350000 feet, No 15° 05' 001

' Eo, 345000 feet, N0 64° 55' 0011 Wo, 530000 feet, No 38° 15' 0011 Wo, qOOoOO feet, No 36° 39 1 5011 Ea, 45000 feet, N,, 51° 35' 00" Eo, 507069 feet, N0 38° 25 1 00" Wo, 75a27 feet; thence leaving the easterly line of Parcel "A" No 25° 12 1 2211 F.a, 110088 feet; thence

N0 57° 47 1 01 11 Ea, 102034 feet; thence No 68° 15 1 59" Eo, 34Zo3S feet; thence No 60° 31 1 0711 Eo, 1750 00 f.eet; thence No 8.3° 18 1 3011 Eo, 192017 feet; thence S0 71° 08 1 2T' Eo, 3370 77 ~eet; thence So 73° 26' 41 11 Eo, 209026 feet; thence S 0 61 ° 36 1 53 11 Eo, 189 ... 07 feet; thence No 62° 28; 23" Eo, 136a80 feet; thence So 5!~ 0 40' 0011 Ea, 405., 00 feet; thence No 35° 20 1 0011 Eo, SSaOO feet; thence S., .54° 40 1 0011 Eo, 470000 feet; thence N0 35° 20' 0011 Eo, 255000 feet; thence So 54° 40' 00" Eo, 280000 feet; thence No 20" 00 1 0011 Eo, 380000 feet; thence No 07° 00 1 0011 Wo, 275034 feet; thence No 20° 00 1 0011 Ea,3500000 feet; thence S0 70° 00 1 0011 Eo, 350000 feet; thence So 20° 00 1 0011 Wa,4492.81 feet; thence

on a tangent curve to the' right with a radius of 1000.00 feet through a cent1·al angle of 66° 54' 3011 , a distance of 1167077 feet; th~nce Sa 86° 54 1 3011 Wa, 617027 feet; thence on a tangent curve to the left through a central angle of 100° 5l•' 3011

' with a radius of lOOcOO feet, a distance of 176012 feet; thence S0 14° 00 1 00" Eo, 598083 feet; thence So 76° 00 1 0011 Wo, 886a94 feet; thence No 14° 00:' 0011 Wo, 477086 feet to the point of beginningo

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EXHIBIT "B"

PALO ALTO AIRPORT

All that land in the City of Palo Alto, Santa Clara County, C~lif.ornia shown as Parcel "A" ol'l Exhibit 11A11 dated May 2, 1966, sa.id land described as follows:

COMMENCING at a 2 inch iron pipe marking the intersection of the centerline of Embarcadero Road and the l-'revious common boundary between San Mateo County and Santa Clara County as referred to in Book 449, Official Records, page 537, Santa Clara County records; thence No 63° 15' Wo, 47040 feet to the north~·Te! terly line of Embarcadero Road; thenc.e No 51 ° 37 1 Eo, 25 .. 32 feet along the northwesterly 1 i1·,e 0f Embarcadero Road to the TRUE POINT OF BEGINNING; thence East 1043038 feet; thence North 350000 feet; thence No 15° 05 1 0011 E~, 345000 feet; thence No 64° 55 1 00" Wot 530000 feet;, thence No 38° 25 1 0011 Ho, 600000 feet; thert~e No 36° 39 1 5011 E~, 45 .. 00 feet; thence No 51° 35 1 00" Ea, 507a69 feet; thence No 38° 25 1 0011 Wo~ 2954087 feet; thence So 50° 57 1 0011 Wo, 711004 feet; thence So 38° 25 1 0011 Eo, 1770017 feet; thence South 906082 feet; thence East 60000 feet; thence South 150~00 feet; thence East 42000 feet; thence South 80000 feet; thenc~ ~ ~st 232000 feet; thence South 720070 feet; thence So 17° 08 1 JU11 Eo, 314060 feet; thence East 134050 feet; thence So 38° 23 1 00" Eo, 342033 feet to the northwesterly line of Emba~ adero Road; thence No 51° 37 1 0011 Eo, 349010 feet to the point of beginningo

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