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- f <br /> f <br /> 1 <br /> ~ Execution Draft <br /> t <br /> for use as public open space. A portion of this public open space would be available for <br /> future development as a community park. The remaining 120 acres v~rould be developed <br /> by OWNERS following the annexation of the tract to the City. <br /> 1 <br /> F. Simultaneously with the execution of this Agreement, the City is entei~ng into a purchase <br /> and sale agreement with The McDougal Foundation, Inc., purs t to ,which the <br /> foundation and City have agreed that 100 acres of land owned by the foundation (the <br /> "Foundation Tract") shall be removed from the UGB and sold to the City to expand the <br /> City's urban parks and trails system. <br /> G MCDOUGAL is an affiliate of OWNERS. MCDOUGAL owns apprc~pcimately 140 acres <br /> of land, adjacent to the Foundation Tract, that includes 20 acres of land that is within the <br /> UGB (the "MCDOUGAL UGB Land") and 30-acres of land outside ~f the UGB that is <br /> burdened with a utility easement (the "Easement Tract"). <br /> H. The Easement Tract is the only land separating the Foundation Trait from Bloomberg <br /> Park, and could be used to establish a continuous trailway between they City's urban pazks <br /> and trails system and Bloomberg Park. <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 ajrnended to remove <br /> the MCDOUGAL UGB Land from the UGB. <br /> J. If all of the transactions described in the foregoing recitals are completed, the net addition <br /> of lands within the City's urban growth boundary will be equal to tl~e 77 acres of land <br /> donated to the City for use as parklands for the Santa Clara communit~; and the City will <br /> add 130 acres of land (I00 in fee and 30 by easement) to its urban trail ;system. <br /> NOW THEREFORE, the parties agree as follows: <br /> EXHIBITS: This Agreement includes and incorporates the following exhibits <br /> i <br /> Exhibit A: Legal Description of SC Tract <br /> Exhibit B: Smart Growth Principles <br /> Exhibit C: Description of Easement Tract r <br /> 1. Application for Metra Plan Amendment; Consultant. OWNERS ~tnd 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 acceptable to City to <br /> prepaze the application for the Metro Plan and UGB amendment. <br /> f <br /> Urban Lands and Parks Pre-Planning Development Agreement Page 2 of 9 <br /> <br /> ~OOI~J SOd '8 ~N,LNi4 Md ~K~9I1~ Z88~ Z89 Ii+S ~XV3 TZ~TT HOIQ ~0/4Z/Oi <br /> <br />