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s <br /> k <br /> <br /> . c 4: <br /> 'Execution Draft <br /> for use as public open space. A portion of this public open space wo ' ld be available for <br /> future development as a community park. The remaining 120 acres v~ould be developed <br /> by OWNERS following the annexation of the tract to the City. <br /> i <br /> F. Simultaneously with the execution of this Agreement, the City is ente 'ng into a purchase <br /> and sale agreement with The McDougal Foundation, Inc., purl t to which the <br /> foundation and City have agreed that I00 acres of land owned by a foundation (the <br /> "Foundation Tract") shall be removed from the UGB and sold to .the f <br /> City to expand the <br /> City's wban pazks and trails system. <br /> G MCDOUGAL is an affiliate of OWNERS. MCDOUGAL owns appr ~ imately 140 acres <br /> of land, adjacent to the Foundation Tract, that includes 20 acres of 1 that is within the <br /> UGB (the "MCDOUGAL UGB Land") and 30-acres of land outside . f the UGB that is <br /> bwdened with a utility easement (the "Easement Tract"). <br /> H. The Easernent Tract is the only land separating the Foundation Trait from Bloomberg <br /> Park, and could be used to establish a continuous trailway between the~City's urban pazks <br /> and trails system and Bloomberg Park. f <br /> r <br /> I MCDOUGAL has proposed to donate an easement to the City for use of the Easement <br /> Tract and to request that the Metro Plan and the UGB Boundary be a~r?ended to remove <br /> the MCDOUGAL UGB land from the UGB. <br /> J. If all of the transactions described in the foregoing recitals aze completed, the net addition <br /> of lands within the City's wban growth boundary will be equal to tt~e 77 acres of land <br /> donated to the City for use as parklands for the Santa Clara communi~?; and the City wiU <br /> add 130 acres of land (100 in fee and 30 by easement) to its wban trails system. <br /> t <br /> s <br /> i <br /> NOW THEREFORE, the parties agree as follows: { <br /> EXHIBITS: This Agreement includes and incorporates the following exhibits; <br /> k <br /> Exhibit A: Legal Description of SC Tract <br /> Exhibit B: Smart Growth Principles <br /> Exhibit C: Description of Easement Tract <br /> E <br /> a <br /> 1. Application for Metro Plan Amendment; Consultant. OWNERS d MCDOUGAL <br /> agree to apply for and pursue a Metro Plan Amendment to include the entire • 197-acre SC Tract <br /> within the UGB. The parties agree that OWNERS ~ shall retain a consultant a eptable to City to <br /> prepaze the application for the Metro Plan and UGB amendment. <br /> 3 <br /> I ~ <br /> Urban Lands and Parks Pre-Planning Development Agreement Page 2 of 9 <br /> i <br /> i <br /> £OOf~j SOd '8 ONI.I~ Md ~I~Id9IId Z88~ Z89 Ti~S ~XV3 TZ ~ TT rIOJQ b0/§Z/OT <br /> <br />